Jefferson County Unincorporated
City Zoning Code
City Zoning Code
18.40 Permit
Application and Review Procedures/SEPA Implementation
18.40.010 Purpose.
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. 11-24 (Att. A); Ord. 8-06 § 1]
18.40.020 Procedures for processing project development permit applications.
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. 11-24 (Att. A); Ord. 8-06 § 1]
18.40.030 Determination of proper type of procedure.
(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. 11-24 (Att. A); Ord. 8-06 § 1]
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) |
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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 |
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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. |
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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). | ||||
| 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 | Administrator | Administrator | Hearing examiner | Board of county commissioners | Board of county commissioners |
Notice of application: | No | Yes | Yes | No | N/A |
Open record | 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 | 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. 3-25 § 8 (App. E); Ord. 11-24 (Att. A); Ord. 8-24 § 4 (Appx. B); Ord. 9-22 § 5 (Appx. D); Ord. 5-22 § 3 (Appx. A(7)); Ord. 9-20 § 2 (Appx. B); Ord. 12-19 § 4 (Appx. C); Ord. 4-19 § 1 (Exh.A); Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]