"Abandon"means to terminate the use of a structure by an affirmative act, such as changing to a new use; or to cease, terminate, or vacate a use or structure through nonaction. Except for ongoing agricultural activities, there shall be a presumption that a use has been abandoned if it is not undertaken, utilized, implemented or performed for a period of two years.
"Abutting"means adjoining with a common boundary line or any portion thereof.
"Accessory dwelling unit"means an additional dwelling unit either in or added to an existing single-family detached dwelling, or in a separate accessory structure on the same lot as the main structure, for use as a complete, independent living facility with provisions within the accessory dwelling unit for cooking, eating, sanitation and sleeping. Such a dwelling shall be considered an accessory use to the main dwelling and be clearly subordinate to the main dwelling.
"Accessory use"means use of land or of a building or portion thereof incidental and subordinate to the principal use or building and located on the same lot with the principal use.
"Accumulative short subdivision"means multiple short subdivision of contiguous land under common ownership. "Ownership," for purposes of Chapter
18.35 JCC, means ownership as established at the date of the initial short subdivision approval. Ownership by persons related by blood or marriage where an interfamily land conveyance has occurred within two years of making application for short subdivision approval shall be construed to be common ownership.
"Acre"means a unit of measure of land area which consists of 43,560 square feet.
"Adequate capacity (adequate capital or public facilities)"means capital facilities and services that have the capacity available to serve development at the time of occupancy or use without decreasing levels of service (LOS) below the standards set forth in the Comprehensive Plan. "Adequate capacity" also includes a financial commitment that is in place to complete the improvements, or noncapital strategies, necessary to provide a specific level of service within six years. (See also "Available capital facilities (available capacity)," "Concurrency," "Level of service (LOS).")
"Adjacent"means (in addition to abutting) that which is near or close; for example, an industrial district across the road or highway from a commercial district shall be considered as "adjacent."
"Administrator"means the Jefferson County department of community development director or a designated representative.
"Adverse"means contrary to one's interest or welfare; harmful or unfavorable circumstances.
"Adverse impacts"means a condition that creates, imposes, aggravates, or leads to inadequate, impractical, unsafe, or unhealthy conditions on a site proposed for development or on off-site property or facilities or on wildlife or wildlife habitat.
"Affordable housing"means those housing units available for purchase or rent to individuals or families with a gross income between the federally recognized poverty level and the median income for working families in Jefferson County; and whose costs, including utilities, would not exceed 30 percent of gross income.
"Aggrieved person"means a party of record who can demonstrate the following:
(a) The land use decision will prejudice the person;
(b) The asserted interests are among those the county is required by county code, federal or state law or regulation to consider in making a land use decision;
(c) The person is a party of record, as defined in JCC §
18.10.160; and
(d) A decision on appeal in favor of the person would substantially eliminate or redress the prejudice alleged to be caused by the land use decision.
"Agricultural activities"has the same meaning as in RCW
90.58.065(2)(a), as it may be modified in the future, and currently reads "agricultural uses and practices including, but not limited to: Producing, breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing land used for agricultural activities to lie fallow in which it is plowed and tilled but left unseeded; allowing land used for agricultural activities to lie dormant as a result of adverse agricultural market conditions; allowing land used for agricultural activities to lie dormant because the land is enrolled in a local, state, or federal conservation program, or the land is subject to a conservation easement; conducting agricultural operations; maintaining, repairing, and replacing agricultural equipment; maintaining, repairing, and replacing agricultural facilities, provided that the replacement facility is no closer to the shoreline than the original facility; and maintaining agricultural lands under production or cultivation."
"Agricultural best management practices (BMPs)"means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce pollution of waters or degradation of wetlands and fish and wildlife habitat areas.
"Agricultural land of local importance"means land in addition to designated prime agricultural land that is of local importance for the production of food, fiber, forage, or oilseed crops. Generally, additional farmlands of local importance include those that are nearly prime farmland and that economically produce high yields of crops when treated or managed according to acceptable farming methods. Such farmlands may include areas of commercial aquaculture.
"Agricultural product or commodity"is defined as follows, except for Chapter
18.22 JCC. For all other chapters, "agricultural product or commodity" means any plant or part of a plant, or animal, or animal product, produced by a producer primarily for sale, consumption, propagation, or other use by people or animals. For Chapter
18.22 JCC "agricultural products" are defined in RCW
90.58.065(2)(b).
"Agricultural resource lands (agricultural lands)"means lands that are primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, turf, seed, or Christmas trees not subject to the excise tax imposed by RCW
84.33.100 through
84.33.140, finfish in upland hatcheries, or livestock, and that have long-term commercial significance for agricultural production (RCW
36.70A.030(2)). Agricultural resource lands are divided into two land use designations, prime (AP-20) and local (AL-20), in the Comprehensive Plan.
"Agricultural warehouse (public warehouse)"means any elevator, mill, subterminal grain warehouse, terminal warehouse, country warehouse, or other structure or enclosure that is used or usable for the storage of agricultural products, and in which commodities are received from the public for storage, handling, conditioning, or shipment for compensation. The term does not include any warehouse storing or handling fresh fruits or vegetables, any warehouse used exclusively for cold storage, or any warehouse that conditions yearly less than 300 tons of an agricultural commodity for compensation.
"Agriculture"means the science, art, and business of producing crops, or raising livestock; farming.
"Agriculture, existing and ongoing"is defined as follows, except for Chapter
18.22 JCC which is governed by the definition of "agricultural activities." For all other chapters, "agriculture, existing and ongoing" means any agricultural activity conducted on an ongoing basis on lands enrolled in the open space tax program for agriculture or designated as agricultural lands of long-term commercial significance on the official map of Comprehensive Plan land use designations; provided, agricultural activities were conducted on those lands at any time during the five-year period preceding April 28, 2003. Agricultural use ceases when the area on which it is conducted is converted to a nonagricultural use.
"Agriculture, new"is defined as follows, except for Chapter
18.22 JCC which is governed by the definition of "agricultural activities." For all other chapters, "agriculture, new" means agricultural activities proposed or conducted after April 28, 2003, and that do not meet the definition of "existing and ongoing agriculture."
"Agritourism"means agriculturally related accessory uses designed to bring the public to the farm on a temporary or continuous basis, such as U-Pick farm sales, retail sales of farm products, farm mazes, pumpkin patch sales, farm animal viewing and petting, wagon rides, farm tours, horticultural nurseries and associated display gardens, cider pressing, wine or cheese tasting, etc.
"Airport"means an area of land or facility publicly owned and open to general public use for aircraft operations, except any airfield or airstrip as defined herein. An airport may include related services and facilities.
"Airstrip"means a privately owned area of land, closed to the public, and restricted to use by the owner primarily for noncommercial aircraft operations and, on an occasional basis, invited guests of the owner or for emergency purposes.
"Allowable outright use"means land uses and activities which are exempt from the provisions of this Unified Development Code.
"Allowed use ("Yes" use)" means uses allowed subject to the provisions of this code, including meeting applicable performance and development standards; if a building, or other development permit (e.g., stormwater permit) is required, the use is subject to the project review and approval process. |
"Alteration, nonconforming structures"means any change or rearrangement in the supporting members of existing buildings, such as bearing walls, columns, beams, girders, or interior partitions, as well as any changes in doors, windows, means of egress or ingress or any enlargement to or diminution of a building or structure, horizontally or vertically, or the moving of a building from one location to another. This definition excludes normal repair and maintenance, such as painting or roof replacement, but includes more substantial changes.
"Animal feeding operation (AFO)"means agricultural enterprises where animals are kept and raised in confined situations. AFOs congregate animals, feed, manure and urine, dead animals and production operations on a small land area. Feed is brought to the animals rather than the animals grazing or otherwise seeking feed in pastures, fields, or on rangeland. The formal definition in federal regulations is "a lot or facility (other than an aquatic animal production facility) where the following conditions are met: (1) animals (other than aquatic animals) have been, are or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and (2) crops, vegetation, forage, growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility." (40 CFR
122.23(b)(1))
"Animal feeding operation, concentrated (CAFO)"means an AFO that is defined as a "large CAFO" or as a "medium CAFO" according to federal regulations or that is designated as a CAFO by the permitting authority. Two or more AFOs under common ownership are considered to be a single AFO for the purposes of determining the number of animals at an operation, if they adjoin each other or if they use a common area or system for the disposal of wastes. (40 CFR
122.23(b)(2))
(a) "Large CAFO"means an AFO that meets or exceeds one of the following thresholds: 700 mature dairy cows; 1,000 beef cattle or heifers; 2,500 swine (each 55 pounds or more); 10,000 swine (each under 55 pounds); 1,000 veal calves; 500 horses; 10,000 sheep or lambs; 55,000 turkeys; 30,000 ducks (other than liquid manure handling systems); 5,000 ducks (liquid manure handling systems); 30,000 chickens (liquid manure handling systems); 125,000 chickens, except laying hens (other than liquid manure handling systems); 82,000 laying hens (other than liquid manure handling systems).
(b) "Medium CAFO"means an AFO where either a manmade ditch or pipe carries manure or wastewater from the operation to surface water or animals come into contact with surface water running through the area where they are confined; and the operation meets or exceeds the following thresholds: 200 mature dairy cows; 300 beef cattle or heifers; 750 swine (each 55 pounds or more); 3,000 swine (each under 55 pounds); 300 veal calves; 150 horses; 3,000 sheep or lambs; 16,500 turkeys; 10,000 ducks (other than liquid manure handling systems); 1,500 ducks (liquid manure handling systems); 9,000 chickens (liquid manure handling systems); 37,500 chickens, except laying hens (other than liquid manure handling systems); 25,000 laying hens (other than liquid manure handling systems).
"Animal commercial kennel or cattery"means a kennel where five or more adult dogs or cats are boarded, bred or trained for compensation. Commercial kennels exceed the number of animals allowed by a hobby kennel, regardless if compensation is received for services. Commercial kennels or catteries do not including a small animal hospital or clinic, pet shop or shelter. (See also "Animal shelter" and "Animal hobby kennel.")
"Animal hobby kennel"means a noncommercial kennel at or adjoining a private residence where five or more adult dogs, cats or combination thereof are kept for purposes other than breeding as a primary interest, such as for hunting or organized field trials, obedience or confirmation competition. Hobby kennels exceeding 10 dogs, cats or combination thereof shall be subject to the provisions of a commercial kennel.
"Animal shelter"means a facility which is used to house or contain stray, homeless, abandoned or unwanted animals. Shelters are owned, operated or maintained by a public body, established humane society, animal welfare society, society for the prevention or cruelty to animals or other nonprofit organization devoted to the welfare, protection and humane treatment of animals. Shelters also include facilities for the rehabilitation of wildlife.
"Appeal"means a request by an applicant or citizen that a decision made pursuant to this UDC be reviewed for its correctness and legality by another person, agency or court of law having jurisdiction to hear such an appeal.
"Applicant"means the owner or owners of record of the property subject to a project permit application under this code, or authorized representative thereof.
"Application"means the forms, plans and accompanying documents required for any project permit approval under this code.
"Approving authority"means either the administrator, as defined in this UDC, the Jefferson County hearing examiner or the Jefferson County board of commissioners, depending on the type of permit process or decision specified in the applicable portion of this UDC.
"Aquaculture"means the farming or culturing of aquatic organisms.
"Aquifer"means a body of permeable saturated rock material or soil capable of conducting groundwater.
"Aquifer recharge areas"means lands through which precipitation and surface water infiltrate the soil and are transmitted through rocks and soil to create groundwater storage.
"Archaeological"means having to do with the scientific study of material remains of past human life and activities.
"Archaeological site"means an area of ancestral human use such as middens, burial grounds, and earthworks.
"Area"means the size of a parcel of land, as expressed in square feet or acres to two decimal places. When a public road right-of-way lies within a tract of land otherwise in contiguous ownership, area within the right-of-way may be included in gross area for the purpose of calculating maximum allowable density. When public road right-of-way abuts a tract of land, area to the centerline may not be included in the gross area of the parcel for this purpose.
"Area, nominal"means the approximate area of a parcel of land, such as the aliquot part or the land area in the assessor's records.
"Area of special flood hazard"means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year, as indicated on the flood insurance rate maps (FIRMs).
"Assembly facility"means a facility designed and used for the gathering of people, or in which they may come together in a body, such as a meeting hall, community club or center, church, etc. (See also "Community structure" and "Religious assembly facility.")
"Available capital facilities (available capacity)"means capital facilities or services that are in place ("existing capacity"), or for which a financial commitment is in place to provide the facilities or services within a specified time ("planned capacity"). "Available capacity" consists of existing plus planned capacity. (See also "Adequate capacity (adequate capital or public facilities)," "Concurrency," and "Level of service (LOS).")
(Ord. 8-06 § 1; Ord. 14-18 § 4 (Exh. B); Ord. 12-19 § 4 (Appx. C); Ord. 5-20 § 3 (Appx. A))