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. 8-06 § 1; Ord. 11-09 § 2 (Att. B))
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)
(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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
(1) 
Purpose. The purpose of the Airport Overlay III is to provide a limited opportunity for rural scale non-aviation-related industrial uses that contribute to the long-term financial viability of the AEPF and to enhance the economic vitality and quality of life for the citizens of Jefferson County.
(2) 
Overlay Map. Jefferson County will prepare and maintain an Airport Overlay III map that identifies the parcels located within the overlay.
(3) 
Other Regulations. Any parcel considered part of the JCIA-III overlay is still subject to the FAA-established building restriction line and all applicable regulations.
(4) 
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.
(5) 
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); Ord. 9-24 § 7 (App. D (Exh. 1)))