Chapter 18.05 INTRODUCTORY PROVISIONS

Authority and Comprehensive Plan Consistency. This code is a principal tool for implementing the goals and policies of the Jefferson County Comprehensive Plan, pursuant to the mandated provisions of the State of Washington's Growth Management Act (Chapter 36.70A RCW (Revised Code of Washington)), Shoreline Management Act (Chapter 90.58 RCW), Subdivisions Code (Chapter 58.17 RCW), State Environmental Policy Act (Chapter 43.21C RCW), and other applicable state and local laws.

The land division provisions of this code (Chapter 18.35 JCC) are intended to supplement and implement Chapter 58.17 RCW as the land division ordinance of the county. If the provisions of this code conflict with any provision of Chapter 58.17 RCW, the RCW shall prevail.

No land shall be subdivided or developed for any purpose which is not in conformance with the Comprehensive Plan or applicable provisions of this code.

This code is intended to be used as a single integrated document. Each part contributes to a unified regulatory system.

Purpose. The general purposes of this Unified Development Code are:

To encourage land use decision-making in accordance with the public interest, protection of private property rights and the public good, and applicable laws of the state of Washington;

To protect the general public health, safety, and welfare and encourage orderly economic development;

To implement the Jefferson County Comprehensive Plan goals and policies through land use and other regulations;

To provide for the economic, social, and aesthetic advantages of orderly development through harmonious groupings of compatible and complementary land uses and the application of appropriate development standards;

(e)

To provide for adequate public facilities and services in conjunction with development; and

(f)

To promote general public safety by regulating development of lands containing physical hazards and to minimize the adverse environmental impacts of development.

§ 18.05.030 Code administration – Purpose.

Scope. Hereafter, no building, structure, or land use activity shall be engaged, erected, demolished, remodeled, reconstructed, altered, enlarged, or relocated, and no building, structure or premises shall be used in Jefferson County except in compliance with the provisions of this code and then only after securing all required permits and licenses. Any building, structure, or use lawfully existing at the time of passage of the ordinance codified in this code, although not in compliance therewith, may be maintained as provided in JCC § 18.20.260, Nonconforming uses and structures.

(Ord. 8-06 § 1)

The purpose of JCC § 18.05.030 through § 18.05.070 is to provide an administrative land use regulatory system that will best satisfy the following basic needs:

To separate the county's land use regulatory function from its land use planning function;

To ensure and expand the principles of fairness and due process in public hearings; and

§ 18.05.040 Department of community development – Duties and responsibilities.

To provide an efficient and effective land use regulatory system which integrates the public hearing and decision-making processes for land use matters.

(Ord. 8-06 § 1)

The duties and responsibilities of the director shall be as follows:

Assist the board of commissioners in their consideration of alternative future directions and implementation of policies for future development of the county;

Conduct research and prepare reports to the board of commissioners, planning commission and citizens concerning the priority projects and issues identified by the board of commissioners;

Assist development proponents to achieve project goals in conformance with applicable land use regulations and in support of the Jefferson County Comprehensive Plan and any other applicable land use goals and policies;

Coordinate project, program, contractual and planning activities with other public agencies;

Supervise enforcement of building, land use, and related environmental protection codes;

§ 18.05.045 Department fee collection authorized.

Administer county land use and environmental protection regulations, the Shoreline Master Program and the National Flood Hazard Insurance Program;

(7)

Serve as the county building official;

(8)

Prepare budget recommendations and monitor expenditures;

(9)

Hire, train, supervise and assist the building inspector and other staff members assigned to planning and building responsibilities;

(10)

Assist in preparation of ordinances, resolutions, contracts, agreements, covenants and other legal documents related to community development and administration and enforcement of county land use and environmental protection ordinances;

(11)

Seek grants and donations in support of the priority planning projects selected by the board of commissioners;

(12)

Prepare job descriptions, performance appraisals, labor agreement addenda, administrative procedures, etc., in exercise of management and supervisory responsibilities;

(13)

Represent the county under the direction of the board of commissioners; and

(14)

Such other duties as may be assigned by the board of commissioners.

(Ord. 8-06 § 1)

The director shall collect fees as authorized under this chapter and Chapter 3.80 JCC. All fees imposed shall be adopted by ordinance as required by JCC § 3.80.020.

Application fees are due in full at time of application submittal. Any additional fees are required to be paid in full prior to permit issuance, unless the director requires otherwise.

A base fee may be charged as a minimum amount per application. Additional time may be charged on an hourly basis.

A nonrefundable base application fee of one hour is collected for each building permit application unless otherwise noted.

A nonrefundable technology surcharge of five percent is collected for each permit application, which will be maintained in a restricted account for technology initiatives only.

A nonrefundable comprehensive plan update and shoreline master plan surcharge of five percent shall be collected for each permit application, which will be maintained in a restricted account only for comprehensive plan updates per RCW 36.70A.130 or for shoreline master plan updates per RCW 90.58.080.

(7)

Other agency fees are included for those agencies that have authorized the department to collect specific fees on behalf of their agency. These fees include other county departments, the office of the hearing examiner, and the Washington State Building Code Council surcharge.

(8)

A permit shall not be valid until all the fees prescribed by law have been paid. Any application or permit for which fees are due shall be considered incomplete until such time that all outstanding bills are paid in full.

(9)

Other county departments who utilize the department will pay the appropriate fees per the fee schedule, unless prohibited by statute.

(10)

Fee refunds, exemptions, and credits shall comply with department's fee refund policy, as approved by the board of commissioners.

(11)

Fees are due and payable at the time services are requested unless otherwise specified in the established fee schedule and policies. Failure to pay established fees may result in one or more of the following:

No inspections, including final inspections, will be scheduled or performed until all outstanding fees are paid.

No temporary or final certificate of occupancy will be approved or issued for a project with any outstanding fees due on any permit associated with the project. Exceptions may be authorized by the director only.

An approved or issued permit may be revoked for nonpayment of fees.

§ 18.05.046 Fee requirements for land use approval applications under JCC Title 18.

Any outstanding fees will be collected by the department using available collection methods consistent with applicable local, state, and federal laws or regulations.

(12)

The director has the authority to waive fees when they determine that it is more economical to waive the fee than to collect it. For example, if an applicant submits a plan amendment that would take less than one hour to review, the director may decide to waive the plan review charge because the administrative cost of billing might exceed the cost to conduct the review.

(Ord. 6-24 § 5)

Guiding Principles for Developing Fees for Land Use Applications.

Fees should be reasonable.

Fee-based services are defined as operations related to permit/application processing, inspections, plan reviews, environmental reviews, mitigation, monitoring, and code compliance.

Applicants shall pay for services received.

Fees shall include direct and indirect costs associated with service delivery.

(e)

The funding structure should support the department's operations through economic cycles and fluctuations in workload.

(f)

Fees should be predictable and understandable to the customer.

(g)

The fee system should be efficient and cost-effective to manage.

(h)

Fees shall be consistent with RCW 82.02.020, which allows counties to collect reasonable fees to cover the cost of processing applications, inspecting and reviewing plans, or conducting review under the State Environmental Policy Act, Chapter 43.21C RCW.

Department Fee Policies.

Base Fees. Land use and development fees are charged a base fee based on the average processing time to review/process the application. The base fee includes two iterations of plan review (first submittal review and comments and second submittal review and comments), as well as intake and closeout of the application. Any additional review beyond two iterations of plan review will be charged monthly at the approved hourly rate and must be paid in full prior to issuance of any permits or approvals, and may be subject to JCC § 3.80.060 or § 18.05.048.

Inspection Fees. Inspections may or may not be included in the base fee. Inspections that are charged an hourly rate as identified in the community development fee schedule will be charged monthly when possible, and must be paid in full prior to final inspections.

Indirect Costs to Be Recovered. Indirect costs associated with the permit process will be recovered, as determined by the director. Indirect costs are defined as the following: administrative costs; personnel support costs; training and public education costs; hearing examiner, county administration, and attorney time spent directly on a permit or appeal, technology costs, and facilities costs. Other indirect costs may be identified in the future and may be charged in the fee structure; provided they are reasonable for the purposes stated in RCW 82.02.020(3), associated with the permit process, and linkage can be clearly identified.

§ 18.05.047 Designation of financially responsible party.

Consultant Reviews. In addition to the fees imposed pursuant to the fee schedule adopted pursuant to JCC § 3.80.020, the applicant shall reimburse the county for any costs incurred by the county in hiring professional consultants to process and/or review and inspect the applicant's proposal, as required by JCC § 18.05.048. The county may require the applicant to deposit an amount with the county to cover anticipated costs of retaining professional consultants when the director has approved retaining the professional consultants pursuant to JCC § 3.80.060 and § 18.05.048.

(e)

Consultant Administration Fee. When the director requires independent third-party review pursuant to JCC § 18.05.048 or other consultant review, the county shall charge an administrative fee equal to the amount of the consultant review fee and costs to cover county staff oversight, review, and administration of the consultant's work.

(f)

Deposits or Retainers. The department may require a deposit for fees for requested or required services pursuant to JCC § 3.80.060 at any time during the application process when it becomes apparent that a deposit or retainer is necessary as determined by the director. The deposit or retainer shall not exceed the estimated cost of the services for which the deposit or retainer is collected. Interest shall not be paid on moneys held on deposit or retainer. Moneys remaining on deposit or retainer upon completion or cancellation of the service shall be refunded to the applicant.

(Ord. 6-24 § 6)

A financially responsible party must be named for any permit, certificate, license, registration, or request for service for which a fee is collected under this chapter by the department. If not explicitly named, the financially responsible party is the applicant.

The financially responsible party must be the property owner, lessee, contract purchaser, the county or other agency proposing the project, or other service requestor.

The financially responsible party is liable for all charges incurred pursuant to this chapter whether or not:

A favorable decision, recommendation, or determination is given by the director of community development;

A permit, license, registration, or determination is issued for the project, application; or

A request for service is canceled or denied before issuance.

§ 18.05.048 Independent third-party review.

A signed statement of financial responsibility is required for any application or request for services that are charged at an hourly rate. The director of community development is authorized to develop a form statement of financial responsibility for individuals and entities.

(Ord. 6-24 § 7)

The director may require any applicant to pay for independent third-party review pursuant to this section for any discipline for which the department does not have available in-house expertise, including but not limited to: critical areas, mitigation monitoring, geotechnical analysis and engineering, stormwater analysis and engineering, traffic or floodplain engineering, fluvial geomorphology, water quality and quantity analysis, soils analysis, parking, landscaping, shoreline essential functions analysis, legal review, financial review, fiscal review, and accounting.

The purpose of independent third-party review is to protect sensitive natural areas, habitat areas, shoreline environments, critical areas, and all associated buffers and management areas; maintain public safety and quality of life; and protect public health and property.

The director may, at the applicant's expense, require third-party review for any application or permit if the director determines:

Third party is merited due to the complexity of the project and the technical expertise required for adequate review;

Any study submitted is insufficient, as set out in subsection (4) of this section;

Existing resources within the department or other supporting county offices or departments are unavailable; or

It is otherwise required by JCC Title 18.

Third-party review required when studies are deemed insufficient.

The director may, at the applicant's expense, require third-party review of any submission if there is reason to determine that:

(i)

The submission contains factual errors, omissions, or incomplete analysis;

(ii)

Inconsistencies exist between the submitted materials and observable data, and/or accepted scientific or technical criteria;

(iii)

The submission contains faulty analysis, faulty analytical procedures, substantive differences of interpretation of submitted data or analysis, or other findings made through the review of the proposal that support commissioning third-party review; or

(iv)

Specialized expertise is required for adequate review of a proposal.

If the applicant has provided a study that the director deems insufficient, the director shall attempt to resolve any issues with the original author(s) of any submitted study or with the applicant before requiring third-party review. If the parties fail to resolve the issues identified, the director may require third-party review.

The director shall select the third-party reviewer.

§ 18.05.050 Planning commission – Duties and responsibilities.

For Type III applications requiring a predecision public hearing, the hearing examiner may determine third-party review is required if facts presented during the hearing lead him or her to conclude that third-party review is warranted pursuant to this section. In that case, the hearing examiner may remand the application to the department to select a third-party reviewer pursuant to this section.

(Ord. 6-24 § 8)

The duties and responsibilities of the planning commission shall be as follows:

The planning commission shall review the Jefferson County Comprehensive Plan and other planning documents to determine if the county's plans, goals, policies, and development regulations are promoting orderly and coordinated development within the county. The commission shall make recommendations concerning this to the board of commissioners.

The planning commission shall review development regulations of the county and make recommendations regarding them to the board of commissioners.

The planning commission shall recommend priorities for and review studies of geographic subareas in the county.

All other county boards, committees, and commissions shall coordinate their planning activities, as they relate to land use or the Jefferson County Comprehensive Plan, with the planning commission.

The planning commission may hold public hearings in the exercise of its duties and responsibilities as it deems necessary.

§ 18.05.060 Department of public works – Duties and responsibilities.

The planning commission shall have such other duties and powers as heretofore have been or hereafter may be conferred upon the commission by county ordinances or as directed by resolution of the board of commissioners, the performance of such duties and exercise of such authority to be subject to the limitations expressed in such enactments.

(Ord. 8-06 § 1; Ord. 4-19 § 1 (Exh. A))

The duties and responsibilities of the department of public works in the administration of this UDC shall be as follows:

§ 18.05.070 Department of environmental health – Duties and responsibilities.

The Jefferson County department of public works shall review development proposals subject to this UDC regarding adequacy of area circulation, access, roads, drainage systems, signs, and other areas of its jurisdiction and forward its comments and recommendations to the department of community development.

(Ord. 8-06 § 1)

The Jefferson County department of environmental health shall review development proposals subject to this UDC regarding the adequacy of sewage disposal and water supply systems, or other areas of its jurisdiction, and forward comments and recommendations to the department of community development.

(Ord. 8-06 § 1)

§ 18.05.080 Hearing examiner.

Repealed by Ord. 12-19.

(Ord. 8-06 § 1)

§ 18.05.085 Hearing examiner rules of procedure.

Repealed by Ord. 12-19.

(Ord. 8-06 § 1)

§ 18.05.090 Establishment of land use districts.

This Unified Development Code applies to the land use designations and map symbols in Table 1-1, below, that are established by the Jefferson County Comprehensive Plan Official Maps.

Table 1-1. Comprehensive Plan Land Use District Designations
Abbreviation	Land Use District	Zoning District (See Chapter 18.18 JCC)
Urban Growth Areas
UR	Urban Residential	Urban Low Density Residential (ULDR) Urban Moderate Density Residential (UMDR) Urban High Density Residential (UHDR)
UC	Urban Commercial	Urban Commercial (UC) Visitor-Oriented Commercial (VOC)
ULI	Urban Industrial	Urban Light Industrial (ULI)
UP	Urban Public	Urban Public (UP)
Rural Lands
Rural Commercial
RVC	Rural Village Center
CC	Convenience Crossroad
NVC	Neighborhood/Visitor Crossroad
GC	General Crossroad
Rural Industrial
RBI	Resource-Based Industrial
LI/C	Light Industrial/Commercial
LI	Light Industrial
HI	Heavy Industrial
Rural Residential
RR 1:5	Rural Residential 1:5
RR 1:10	Rural Residential 1:10
RR 1:20	Rural Residential 1:20
Resource Lands
Agricultural Resource Lands
AP-20	Prime Agricultural Land
AL-20	Agricultural Land of Local Importance
Forest Resource Lands
CF-80	Commercial Forest
RF-40	Rural Forest
IF	Inholding Forest
Master Planned Resorts
MPR	Port Ludlow Master Planned Resort
Public
PPR	Parks, Preserves and Recreation
CWMEPF	County Waste Management Essential Public Facility
AEPF	Airport Essential Public Facility
P	Public	Public (P)
Overlay Designations
MRL	Mineral Resource Lands
WEPA RR	West End Planning Area – Remote Rural
BRPA RR	Brinnon Planning Area – Remote Rural
AO	Airport Overlays • Airport Overlay I • Airport Overlay II • Airport Overlay III
SRT	Small-Scale Recreation and Tourist

Areas subject to subarea plans fall under the guidelines of those particular regulations (see Article VII of Chapter 18.15 JCC). The boundaries of the various land use districts and subarea plans are shown on the Jefferson County Comprehensive Plan Official Maps (see JCC § 18.05.100).

(Ord. 8-06 § 1; Ord. 14-18 § 4 (Exh. B))

§ 18.05.100 Official maps.

There is hereby made a part of this Unified Development Code a series of maps that shall be known officially as the "Jefferson County Comprehensive Plan Official Maps" (hereafter, "the official maps"). The official maps shall show all those areas of Jefferson County that fall under the jurisdiction of this code and the designated land use classes, land use districts and zoning districts for all areas of Jefferson County.

There shall be only one official copy of the official maps, which shall reside in the custody of the Jefferson County department of community development. Whenever any portion of the official maps is legally amended, the official copy shall be altered annually to reflect the amendment.

At the time of adoption of this Unified Development Code, one copy of the official maps shall be filed with the Jefferson County auditor. In addition, at least once every 12 months following the filing of the initial official maps with the auditor, the community development department shall make an additional copy of the official maps and file it with the initial official maps in the auditor's office. If the official maps have not been amended during the 12-month period, the community development department may file with the auditor a notice to that effect, signed by the department director, in lieu of a copy of the official maps. The purpose of these annual filings is to maintain an official record of the changes occurring over time to the land use classes and districts. At no time shall the copies of the official maps filed with the auditor be altered in any way.

Where questions arise regarding the precise boundaries of any designated environment, the administrator shall make the final determination, subject to the provisions of Article VI of Chapter 18.40 JCC, Unified Development Code Interpretations. Unofficial copies of the official maps may be prepared for administrative purposes and for sale to the public.

(Ord. 8-06 § 1)

§ 18.05.110 Land use district boundaries.

Land use district boundaries, unless otherwise indicated by natural land forms, shall follow lot lines or the centerline of streets and alleys as shown on the official maps. Where the street layout on the ground varies from that shown on the official maps, the districts shown on the official maps shall be applied to the streets as actually laid out so as to carry out the intent and purpose of this code.

§ 18.05.150 Applicability of Shoreline Master Program.

Land use district boundary lines shall extend parallel from their landward location to a point of intersection at the center of all bodies of water. Bodies of water include all saltwater bodies, streams, and lakes.

(Ord. 8-06 § 1)

§ 18.05.120 Critical area maps.

Critical area maps are provided only as a general guide to alert the viewer to the possible location and extent of critical areas. The maps should not be relied upon to establish the existence or boundaries of a critical area nor to establish whether all of the elements necessary to identify an area as a critical area actually exist. However, the maps may be relied upon by the administrator as a basis for requiring field investigation and special reports. In the event of a conflict between information shown on the maps and information shown as a result of field investigation, the latter shall prevail. At the request of an applicant, the administrator may conduct a site visit before requiring field investigations or special reports.

The definitions and classifications provided in this code are the controlling factors in determining the actual presence and extent of critical areas.

(Ord. 8-06 § 1; Ord. 14-18 § 4 (Exh. B))

§ 18.05.130 Applicability.

This code provides land use regulations that apply to all land and land use activity and to all structures and facilities within Jefferson County. The provisions of this code shall prevail over any conflicting provision of the Jefferson County Comprehensive Plan, except as provided in JCC § 18.05.150.

(Ord. 8-06 § 1)

§ 18.05.140 Water and sewer.

All development shall comply with the Jefferson County water and sewage disposal regulations and requirements of Chapter 18.30 JCC for water and sewer and Chapter 8.15 JCC, administered by the environmental health division of the Jefferson County health department.

(Ord. 8-06 § 1)

The provisions of this code augment those of the Shoreline Master Program. All developments within the jurisdiction of the Shoreline Master Program must conform with its provisions. In the event of any conflict between the Shoreline Master Program and other provisions of this code, the more restrictive shall prevail.

(Ord. 8-06 § 1)

§ 18.05.160 Applicability of permit requirements.

Any permit or other approval required by this code is in addition to any shoreline permit required by the Shoreline Master Program. Proposed uses or development occurring wholly or partially within the jurisdiction of the Shoreline Master Program are subject to the permit requirements of the SMP.

(Ord. 8-06 § 1)

§ 18.05.170 Nonconforming uses or structures.

Existing nonconforming uses and structures that are not under the jurisdiction of the Shoreline Master Program shall be subject to JCC § 18.20.260, Nonconforming uses and structures, and Chapter 18.40 JCC or such provisions for nonconforming uses in a subarea plan.