Articles I through VI of this chapter are a mechanism for implementing the provisions of Chapter 36.70B RCW (the Local Project Review Act) regarding compliance, conformity, and consistency of proposed projects with the Jefferson County Comprehensive Plan and development regulations.
(1) 
Given the extensive investment that public agencies and a broad spectrum of the public have made and shall continue to make in Jefferson County's Comprehensive Plan and development regulations, it is essential that project review start from the fundamental land use planning choices made in the Comprehensive Plan and regulations. If the Comprehensive Plan or regulations identify the type of land use, specify density and identify and provide for the provision of public facilities needed to review the proposed development and site, these decisions, at a minimum, provide the foundation for further project review unless there is a question of code interpretation. The project review process, including the environmental review process under Chapter 43.21C RCW and the consideration of consistency, should start from this point and should not reanalyze these land use planning decisions in making a permit decision, unless the county finds that the Comprehensive Plan and regulations do not fully foresee site-specific issues and impacts identified through land use project application review.
(2) 
Comprehensive plans and development regulations adopted by the county under Chapter 36.70A RCW (the Growth Management Act), sub-area plans, and environmental policies, laws and rules adopted by the county, the state, and the federal government address a wide range of environmental subjects and impacts. These provisions typically require environmental studies and contain specific standards to address various impacts associated with a proposed development (e.g., building size and location, drainage, transportation requirements, and protection of environmentally sensitive areas). When the county applies these existing requirements to a proposed project, some or all of a project's potential environmental impacts may be avoided or otherwise mitigated. Through the integrated project review process described in Articles I through V of this chapter, the administrator shall determine whether existing requirements, including the applicable regulations or plans, adequately analyze and address a project's environmental impacts. Project review generally should not require additional studies and mitigation under Chapter 43.21C RCW where existing regulations adequately address a proposed project's probable significant adverse environmental impacts. Development regulations enable project review through the application of established scientific standards, required studies and standard mitigation measures.
(Ord. 8-06 § 1; Ord. 11-24 (Att. A))
For the purpose of project permit processing under this code, all development permit applications shall be classified as one of the following: Type I, Type II, Type III, or Type IV. Legislative decisions are classified as Type V actions and are addressed in Chapter 18.45 JCC. Exemptions from the requirements of project permit application processing are set forth in JCC § 18.40.080.
(Ord. 8-06 § 1; Ord. 11-24 (Att. A))
(1) 
Determination by the Administrator. The administrator shall determine the proper procedure for all development applications. If there is a question as to the appropriate type of procedure, the administrator shall resolve it in favor of the higher numbered procedure type, except as specifically authorized for discretionary conditional use permits under JCC § 18.40.520(2).
(2) 
Optional Consolidated Permit Processing. An application that involves two or more procedures may be processed collectively under the highest numbered procedure required for any part of the application or processed individually under each of the procedures identified by this code. The applicant may determine whether the application shall be processed collectively or individually. If the application is processed under the individual procedure option, the highest numbered type procedure must be processed prior to the subsequent lower numbered procedure.
(3) 
Decision-maker(s). The board of county commissioners is the highest decision-maker, followed by the hearing examiner and the administrator. Joint public hearings with other agencies shall be processed in accordance with JCC § 18.40.050.
(4) 
Administrator. Upon issuance of a determination of completeness as described in JCC § 18.40.110, the administrator shall assign a project planner to the project who will coordinate and be responsible for all phases of development application administration.
(5) 
SEPA Review. Project review conducted pursuant to the State Environmental Policy Act (SEPA), Chapter 43.21C RCW, shall occur concurrently with project review. The SEPA review process, including all public comment procedures, is set forth in Article X of this chapter. Nothing contained in Articles I through V of this chapter shall be construed as restricting the need for full environmental review in accordance with Articles VI-C through VI-K of Chapter 18.15 JCC, and Article X of this chapter.
(Ord. 8-06 § 1; Ord. 11-24 (Att. A))
Table 8-1. Permits – Decisions1
Type I2
Type II
Type III
Type IV
Type V
Classification of unnamed and discretionary uses under Article II of Chapter 18.15 JCC
Variances under JCC § 18.22.250
Special flood hazard area variances under JCC § 15.15.075
Final plats under Chapter 18.35 JCC
Special use permits, such as for siting essential public facilities under JCC § 18.15.110
Allowed uses not requiring notice of application (e.g., "Yes" uses listed in Table 3-1 in JCC § 18.15.040)
Release of six-year FPA moratorium for an individual single-family residence under JCC § 18.20.160
PRRDs under Article VI-M of Chapter 18.15 JCC and major amendments to PRRDs under JCC § 18.15.545(3)
Final PRRDs under Article VI-M of Chapter 18.15 JCC
Jefferson County Comprehensive Plan amendments under Chapter 18.45 JCC
Minor amendments to planned rural residential developments (PRRDs) under JCC § 18.15.545
Cottage industries under JCC § 18.20.170
Temporary housing facilities under JCC § 18.20.385
Shoreline conditional use permits, and variance permits under the Jefferson County shoreline master program (SMP)
Amendments to JCC Title 18 or other sections that qualify as development regulations
Home businesses approved under JCC § 18.20.200
Short subdivisions under Article III of Chapter 18.35 JCC
Amendments to the Jefferson County SMP
Temporary outdoor use permits under JCC § 18.20.380
Binding site plans under Article V of Chapter 18.35 JCC creating four or fewer lots or leased areas.
Plat alterations and vacations under Article VII of Chapter 18.35 JCC
Long subdivisions under Article IV of Chapter 18.35 JCC
Binding site plans creating 5 or more lots or leased areas
Subarea and utility plans and amendments thereto
Stormwater management permits under JCC § 18.30.070
Administrative conditional use permits under JCC § 18.40.520(1) and listed in Table 3-1 in JCC § 18.15.040 as "C(a)"
Discretionary conditional use permits under JCC § 18.40.520(2) [i.e., listed in Table 3-1 in JCC § 18.15.040 as "C(d)"] where required by administrator
Development agreements and amendments thereto under Article XI of this chapter
Tree removal permit
Discretionary conditional use permits under JCC § 18.40.520(2) listed in Table 3-1 in JCC § 18.15.040 as "C(d)" unless Type III process required by administrator
Conditional use permits under JCC § 18.40.520(3) [i.e., uses listed in Table 3-1 in JCC § 18.15.040 as "C"]
Master plans for master planned resorts
Sign permits under JCC § 18.30.150
Minor variances under JCC § 18.40.640(2)
Major variances under JCC § 18.40.640(3)
Boundary line adjustments under Article II of Chapter 18.35 JCC
Shoreline substantial development permits, administrative conditional use permits, under Jefferson County SMP, JCC § 18.25.620(3) listed in JCC § 18.25.220, Table 18.25.220 as "C(a)"
Discretionary conditional use permits under Jefferson County SMP, JCC § 18.25.620(4) listed in JCC § 18.25.220, Table 18.25.220 as "C(d)," unless Type III process required by administrator
Wireless telecommunications permits under JCC § 18.20.130 and Chapter 18.42 JCC
Minor adjustments to approved preliminary short plats under JCC § 18.35.150
Wireless telecommunications permits under JCC § 18.20.130 and Chapter 18.42 JCC
Major industrial development conditional use approval under Article VIII of Chapter 18.15 JCC
Forest practices release of a moratorium under Chapter 18.20 JCC
Minor amendments to approved preliminary long plats under JCC § 18.35.340
Small-scale recreation and tourist (SRT) uses in SRT overlay district under JCC § 18.15.572.
Plat alterations under JCC § 18.35.670
Site development review under Article VII of this chapter
Exemptions under the Jefferson County SMP
Revisions to permits issued under the Jefferson County SMP
Unit lot subdivisions creating four or fewer lots under Article IX of Chapter 18.35 JCC
Unit lot subdivisions creating five or more lots under Article IX of Chapter 18.35 JCC
Bed and breakfast inn, bed and breakfast residence and short-term rental permits listed in Table 3-1 in JCC § 18.15.040 as "Yes"
Discretionary conditional use permits under JCC § 18.40.520(2) listed in Table 3-1 in JCC § 18.15.040 as "C(d)" unless Type III process required by administrator.
1 If the process within Table 8-1 conflicts with process specified in other applicable sections in this title, the administrator shall exercise discretion to determine the final process framework.
2 If not categorically exempt from SEPA review, Type I projects shall be subject to the notice requirements of JCC § 18.40.150 through § 18.40.220 and Article X of this chapter (the SEPA integration section).
Table 8-2. Action Types – Process
Project Permit Application Procedures (Types I – IV)
Legislative
Type I
Type II
Type III
Type IV
Type V
Recommendation made by:
Project planner
Project planner
Project planner
N/A
Planning commission1
Final decision made by:
Administrator
Administrator
Hearing examiner
Board of county commissioners
Board of county commissioners
Notice of application:
No
Yes
Yes
No
N/A
Open record public hearing:
No
Only if administrator's decision is appealed, open record hearing before hearing examiner
Yes, before hearing examiner, prior to permit decision by the hearing examiner
No
Yes, before planning commission to make recommendation to board of county commissioners1
Closed record appeal/final decision:
No
No
No
N/A
Yes, or board of county commissioners could hold its own hearing
Judicial appeal:
Yes
Yes
Yes
Yes
Yes2
1Type V land use actions are subject to review and recommendation by the planning commission, except for utility plans, ordinances or regulations that address procedural issues related to land use planning, interim or emergency ordinances, moratorium ordinances, development agreements and amendments thereto, or remand actions from state administrative boards or courts of law.
2Pursuant to RCW 36.70A.250 and 36.70A.280, the Western Washington Growth Management Hearings Board (WWGMHB) is authorized to hear and determine petitions alleging that the county is not in compliance with the requirements of Chapter 36.70A RCW, Chapter 90.58 RCW as it relates to the adoption of the Shoreline Master Program, or Chapter 43.21C RCW as it relates to plans, development regulations, or amendments, adopted under RCW 36.70A.040 or Chapter 90.58 RCW. Direct judicial review may also be obtained pursuant to RCW 36.70A.295.
If not categorically exempt pursuant to SEPA, Type I projects shall be subject to the notice requirements of JCC § 18.40.150 through § 18.40.220 and Article X of this chapter (the SEPA integration section).
SUMMARY OF DECISION-MAKING
Type I:
In most cases, administrative without notice. However, if a Type I permit is not categorically exempt under SEPA, then, administrative with notice.
Type II:
Administrative with notice. Final decision by administrator unless appealed. If appealed, open record hearing and final decision by hearing examiner.
Type III:
Notice and open record public hearing before the hearing examiner. Final decision by hearing examiner. Appeal to superior court.
Type IV:
Closed record decision by board of commissioners during a regular public meeting. Type IV decisions are purely ministerial in nature (see Article IV of Chapter 18.35 JCC).
Type V:
Notice and public hearing before planning commission, with planning commission recommendation to board of county commissioners, except for utility plans, ordinances or regulations that address procedural issues related to land use planning, interim or emergency ordinances, moratorium ordinances, development agreements and amendments thereto, or remand actions from state administrative boards or courts of law. Notice and public hearing before board of county commissioners with final legislative action by the board of county commissioners (see Chapter 18.45 JCC).
(Ord. 8-06 § 1; Ord. 14-18 § 4 (Exh. B); Ord. 4-19 § 1 (Exh.A); Ord. 12-19 § 4 (Appx. C); Ord. 9-20 § 2 (Appx. B); Ord. 5-22 § 3 (Appx. A(7)); Ord. 9-22 § 5 (Appx. D); Ord. 8-24 § 4 (Appx. B); Ord. 11-24 (Att. A); Ord. 3-25 § 8 (App. E))
(1) 
Administrator's Decision to Hold Joint Public Hearings. The administrator may combine any public hearing on a project permit application with any hearing that may be held by another local, state, regional, federal, or other agency on the proposed action, as long as the hearing is held within the county and the requirements of subsection (3) of this section are met.
(2) 
Applicant's Request for a Joint Hearing. The applicant may request that the public hearing on a permit application be combined as long as the joint hearing may be held within the time periods set forth in this chapter. In the alternative, the applicant may agree to a particular schedule if additional time is needed in order to complete the hearings.
(3) 
Prerequisites to a Joint Hearing. A joint public hearing may be held with another local, state, regional, federal or other agency and the county, as long as:
(a) 
The other agency is not expressly prohibited by statute from doing so;
(b) 
Sufficient notice of the hearing is given to meet each of the agencies' adopted notice requirements as set forth in statute, ordinance or rule; and
(c) 
The agency has received the necessary information about the proposed project from the applicant in enough time to hold its hearing at the same time as the local government hearing.
(Ord. 8-06 § 1; Ord. 11-24 (Att. A))
(1) 
Decision. The following decisions are legislative, and are not subject to the procedures in this chapter, unless otherwise specified:
(a) 
Unified Development Code text, and land use district amendments (i.e., Land Use Map amendments);
(b) 
Area-wide rezones to implement county policies contained within the Jefferson County Comprehensive Plan and amendments thereto;
(c) 
Adoption of the Jefferson County Comprehensive Plan and any plan amendments;
(d) 
Shoreline master program adoption and amendments; and
(e) 
All other master land use, subarea, functional and/or utility plans and amendments thereto.
(2) 
Procedures. Except as otherwise provided in this chapter, the procedures for the legislative decisions specified in this chapter are set forth in Chapter 18.45 JCC.
(Ord. 8-06 § 1; Ord. 11-24 (Att. A))
Nothing in this chapter shall limit the authority of the county to make changes to the Jefferson County Comprehensive Plan as part of an annual revision process, this Unified Development Code or any of the county's other development regulations, or to undertake any other legislative actions.
(Ord. 8-06 § 1; Ord. 11-24 (Att. A))
(1) 
Applicability. Whenever a permit or approval in the Jefferson County Unified Development Code has been designated as a Type I, II, III or IV permit, the procedures set forth in Articles I through IV of this chapter shall be followed in project permit processing. The following permits or approvals are specifically excluded from the procedures set forth in this chapter:
(a) 
Landmark designations;
(b) 
County road vacations;
(c) 
As authorized under RCW 43.21C.031 (2)(a), public works projects identified as planned actions in the Jefferson County Comprehensive Plan or any amendments thereto. Planned actions are those public or private projects specifically identified by county ordinance or resolution adopted after environmental review conducted in conjunction with the adoption or annual amendment of the Comprehensive Plan; and
(d) 
Site development review.
(2) 
Exemptions. If categorically exempt under SEPA, Chapter 43.21C RCW, Type I permits shall not be subject to the following provisions contained in this chapter[1]:
(a) 
The notice of application requirements of JCC § 18.40.150 through § 18.40.220;
(b) 
Except as provided in RCW 36.70B.140, optional consolidated project permit review processing under JCC § 18.40.030(2);
(c) 
Joint public hearings under JCC § 18.40.050; and
(d) 
A single report stating that all decisions and recommendations made as of the date of the report on all project permits included in the consolidated permit process that do not require an open record hearing and any recommendations on project permits that do not require an open record hearing, as further set forth in RCW 36.70B.060(5).
[1]
Pursuant to RCW 36.70B.140(2), boundary line adjustments, building and other construction permits, or similar administrative approvals categorically exempt from environmental review under SEPA (i.e., Chapter 43.21C RCW), or permits/approvals for which environmental review has been completed in connection with other project permits, are excluded from the provisions of RCW 36.70B.060, and 36.70B.110 through 36.70B.130.
(Ord. 8-06 § 1; Ord. 14-18 § 4 (Exh. B); Ord. 12-19 § 4 (Appx. C); Ord. 11-24 (Att. A))