Chapter 16.36
WALDRON LIMITED DEVELOPMENT DISTRICT SUBAREA PLAN

Sections:

16.36.010    Statement of purpose.

16.36.020    Authority – Island process.

16.36.030    Description and character of Waldron Island.

16.36.040    Applicability.

16.36.050    General goals and values.

16.36.060    Specific goals, policies and regulations.

16.36.070    Definitions.

16.36.080    Appeals.

16.36.090    Interpretation, nonrepeal by implication.

16.36.100    Amendments.

16.36.105    Standing committee – Updating the subarea plan.

16.36.010 Statement of purpose.

The purpose of the Waldron Island Limited Development District Subarea Plan is to recognize and preserve Waldron Island (as described in “the Description and Character of Waldron Island”), which in its present condition is irreplaceable as a resource that nurtures its life forms, including human beings. (Ord. 1-2000; Ord. 7-1995 § 1)

16.36.020 Authority – Island process.

This subarea plan is adopted by Ordinance 7-1995 pursuant to Article 11, Section 11, of the Washington State Constitution, Chapter 43.21C (State Environmental Policy Act), Chapter 90.58 (including without limitation RCW 90.58.340) (Shoreline Management Act), Chapter 36.70 (Planning Enabling Act) and Chapter 36.70A (Growth Management Act) RCW, and Sections 16.44.170(C) and 16.44.250 of the 1979 San Juan County Comprehensive Plan (succeeded by the 1998 Comprehensive Plan, regulations recodified in the Unified Development Code (UDC), SJCC Title 18), without intending to rely on any one such authority separately.

The Waldron Island community has long held a goal of autonomy for the maximum opportunity for residents and property owners to participate in decisions whose outcome may affect the character of the island. Acting at the unanimous written invitation of the commissioners of the County dated March 10, 1975, the Waldron Island community immediately developed goals and policies for the Waldron Island Comprehensive Plan in 1975, and The Waldron Island Land Use Plan in 1976. As a result, the BOCC placed the island under the protection of San Juan County Resolution No. 113-1976, passed by the BOCC August 2, 1976, and subsequently, in 1979, also under former Section 16.44.170(B) (Limited Development District).

This subarea plan (this chapter) was developed by the Waldron Island community through a series of weekly and biweekly public meetings beginning in October 1992. These meetings were announced to all Waldron residents and property owners, and all were welcome to attend and/or to submit comments in writing. A preliminary draft Limited Development District subarea plan was submitted to all residents and property owners for comment, and a final draft was approved by written ballot by a vote of 152 (82 percent) to 34 (18 percent). Adoption of this LDD subarea plan integrated all previous documents referenced above, and provided specification and clarification where necessary.

The subarea plan was continued as Chapter 16.36 SJCC as part of the 1998 Comprehensive Plan and UDC, subject to consistency review with the Countywide Comprehensive Plan. (Ord. 1-2000; Ord. 7-1995 § 2)

16.36.030 Description and character of Waldron Island.

Overview – While Waldron is frequently characterized by the “amenities” it does not have, it is rich in attributes highly valued by the majority of its residents and property owners. Fields and forest, rock and beaches, clean air and water are a part of everyday life, as are litter-free, unpaved roads with minimal motor vehicle traffic. Children have a sense of almost complete safety, a rare and fragile almost unheard of state of grace in this day and age. Privacy and quiet prevail: sounds of engines and machinery with their attendant pollutants, physical hazards and disruptions do not predominate in any area. With no retail outlet or commercial entertainment or outdoor-area lighting, Waldron nights are dark. The small size of the resident population allows for intimate participation in matters affecting the community. The limited opportunities for earning money are to a great extent offset by the limited opportunities for spending it, and by ways to meet one’s needs in creative, nonmonetary ways. There is no ferry service. There are no public utilities. There are no public facilities to attract people to Waldron. There is only one private dock. Commercial recreation facilities are prohibited and development restricted under Waldron’s designation as a Limited Development District. Waldron is not a wilderness, but the environment is relatively unspoiled.

Geography – Waldron is located northwest of Orcas Island. It is a distinctive geologic and geographic area isolated from the other San Juan Islands by wide, deep channels which can be treacherous with strong currents and storms. Roughly triangular in shape, it contains about 2,900 acres or four and one-half square miles. Point Disney on the south rises 600 feet, Sandy Point stretches to the west, and Point Hammond to the north. Waldron is exposed to the Straits of Georgia on its northern and eastern shores. There is no secure all-weather anchorage.

Water Supplies – As a part of its preparation of the 1976 Waldron Land Use Plan the Waldron community funded a “Report on Ground Water on Waldron Island” by geologist Richard J. Rongey. That report examined the Island hydrogeological system and presented conclusions and observations that indicate significant limitations exist to the supply of potable water. There are no surface water sources. The Rongey report estimated total annual recharge at 1,300 acre-feet. About 75 to 80 percent of that occurs within the eastern half of the Island (this area coincides generally with the area designated as a potential critical aquifer recharge area in SJCC 18.35.080, formerly 16.60.520). Of that amount it is estimated that not more than half the available recharge could likely be intercepted by wells.

Waldron’s geology also indicates potential for significant salt water intrusion in some areas and this will also affect the volume of water available for withdrawal for human use. The status report for groundwater and hydrology on the island should be updated with existing well date and maintained as up-to-date to provide a means to monitor and reassess effects of changes in demands on the water supply over time.

Population and Land Ownership – Settlers arrived in the 1860s. Farming, fishing, logging, cutting cord wood for limekilns and work in the sandstone quarry on Mt. Disney maintained the population into the 1920s. With the closing of the quarry and the decline in farming and fishing livelihoods home-based businesses, off-island work and retirement incomes have maintained the population. In historical times Waldron’s population reached its highest point when the quarry was in operation.

Since that time the population has been fewer than 100 full-time residents with a substantial increase in the summer.

Landowners on Waldron include a mix of full-time and part-time residents. The Nature Conservancy has been a land holder on Waldron since 1972, and is now the largest single landowner. A few parcels of land are owned by descendants of early settlers and Native Americans.

Population Growth Potential – As part of its work to prepare a County Comprehensive Plan under the Growth Management Act, the planning department calculated potential build-out for the islands, including Waldron. The calculations were based on (a) a 1990 census count of 70 Waldron residents; (b) an average annual growth rate of 2.5 percent (for planning purposes only); (c) a household size of 2.5 persons; and (d) the existing density standards according to the existing Comprehensive Plan and Shoreline Master Program. The analysis yielded a potential build-out with a possible population of 626 in about 75 years, or nine times the current population. While this projection is not necessarily likely it does underscore the importance of careful planning if the character and resources of Waldron are to be preserved.

Services on Waldron

Tax supported services:

•    

Kindergarten through eighth grade public school. The school building is available to the community for public meetings and social events.

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Approximately four miles of unpaved County roads and road maintenance.

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One County dock on Cowlitz Bay with a “load-and-unload-only” float and a hand operated hoist.

•    

Emergency forest fire fighting service available through the DNR (Department of Natural Resources) office in Sedro Woolley.

Non-tax supported services:

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U.S. Post Office with mail delivery three times a week. There is no home delivery.

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A restricted privately owned airstrip (used with permission of the owner) served by small commercial airlines.

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Privately arranged boat service.

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Twice yearly propane delivery.

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Privately contracted UPS delivery.

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Geographically limited cellular phone service.

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Emergency Med Flight service by individual subscription.

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A private cellular phone and message service.

There are no public water, sewer, power, or any wired communication utilities. There is no hotel, motel, marina, golf course, bed and breakfast, store, restaurant, medical facility, theater or service station.

Volunteered services:

•    

Upkeep on several miles of traditional-access non-County roads.

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Cemetery maintenance.

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Informal fire fighting and general crisis response.

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Oil spill damage control.

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Cooperative food buying club.

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School upkeep by work parties.

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Recycling of aluminum and glass.

Economy – From earliest times Waldron residents have looked for creative ways to make a living. It continues to require creativity as well as flexibility. Some current economic activities on Waldron include, but are not limited to: specialty agriculture (garlic, flowers, herbs, nursery stock, market vegetables); home occupation/cottage industry (hand-forged carving tools, bookbinding, limited edition publishing from handset type, arts and crafts), home care of elderly; home caretaking; small scale logging and lumber milling; building construction; mechanical, electrical and other technical services: massage therapy; medical consultation; freight hauling service; other miscellaneous goods and services benefiting primarily the residents and landowners of Waldron; and public employment by the Postal Service, school and public works department.

Some residents commute to jobs off-island or leave for seasonal employment. Some are supported by fixed incomes. Some products are taken off-island to be sold. Some are sold through a mail-order catalog. No economic activity on Waldron is supported by people coming to the island to purchase goods and/or services. There is no commercial tourism and no commercial tourist facility.

Waldron Community Meeting (WCM) – Waldron has a notable history of community participation in deciding and acting on matters of community importance, including land use planning. The WCM was formed originally as a group of island residents and landowners representing the Waldron “neighborhood” in the development of the first County Comprehensive Plan in 1973. Community meetings began to be held monthly in 1976, when Waldron petitioned the County to adopt interim zoning for the Island and presented a land use plan for Waldron. The WCM has continued to meet monthly for the last 20 years, with regular participation by nonresident landowners. Through the WCM Waldron has demonstrated its dedication to planning actively for its own future. (Ord. 1-2000; Ord. 7-1995 § 3)

16.36.040 Applicability.

A. Comprehensive Plan and Unified Development Code (UDC). This Waldron Subarea Plan provides goals, policies and land use regulations additional to those of the San Juan County Comprehensive Plan and the UDC (SJCC Title 18), as amended, and shall apply to all land and to all land use activity, and to all structures and facilities, within the area of Waldron Island as described on the official maps. This subarea plan has been reviewed and found to be consistent with the Comprehensive Plan. In the event of any conflict between regulations in this subarea plan and the UDC (except the Shoreline Master Program, see subsection (B) of this section), the regulations of the subarea plan shall control. All other provisions and language of the UDC shall retain their full force and effect.

B. Shoreline Master Program. The provisions of this subarea plan are also additional to those of the San Juan County Shoreline Master Program (Section B.3 of the 1998 Comprehensive Plan and Chapter 18.50 SJCC). All developments within the jurisdiction of the Shoreline Master Program shall be subject to Section B.3 of the Comprehensive Plan, Chapter 18.50 SJCC and this subarea plan. In the event of any conflict between this subarea plan and the Shoreline Master Program, the more restrictive shall prevail. (Ord. 1-2000; Ord. 7-1995 § 4)

16.36.050 General goals and values.

Waldron offers its inhabitants the opportunity to live in close harmony with their environment, with self sufficiency and self-reliance, not just as individuals, but as a community. Many Waldron residents and property owners recognize Waldron Island as a connected ecosystem, rather than a collection of unrelated parts connected only by geography. Many regard the land as a resource which, with proper stewardship, will provide spiritual and physical sustenance for generations to come. With this ethic the Waldron community has been steadfast in its desire to discourage attractions that conflict with the present character of Waldron.

Values of the Waldron community and characteristics of Waldron Island which are paramount include:

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The peace, quiet and solitude of a relatively unspoiled environment.

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Largely natural and undisturbed shorelines.

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Forests providing an important element in the total environment as well as a sustainable resource and an opportunity to restore old-growth characteristics.

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Uncontaminated aquifers.

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A mix of forested and cleared areas.

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A low population density.

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Opposition to tourism on Waldron.

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Low impacts of noise, traffic, light, air and water pollution.

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A diversity of people and life styles in an equitable mix of full-time and part-time residents.

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Dwellings compatible with their natural environment, therefore minimally disruptive of their surroundings.

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A network of narrow unpaved roads and paths, providing for basic transportation without being invasive, and conforming to rather than altering the terrain.

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The desire of the community to participate in matters relating to land use.

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No ferry service to other islands or the mainland.

Policy:

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The policies and regulations contained in this subarea plan are designated as substantive SEPA policies in accordance with SJCC 18.80.050(H)(3)(a)(ii) and RCW 43.21C.060. (Ord. 1-2000; Ord. 7-1995 § 5)

16.36.060 Specific goals, policies and regulations.

A. Water Resources.

Goals:

•    

To ensure a clean, fresh water supply for Waldron Island use by preserving and protecting the aquifers, recharge areas and surface water collection and runoff areas. Water should be conserved for the health and safety of the inhabitants of Waldron.

Policies:

1. Ensure that fresh water is not depleted to the point where salt water intrusion occurs.

2. Ensure that land use, including agriculture, forestry and land development activities, does not contaminate water resources or otherwise compromise the ongoing quantity and reliability of the resource.

3. Encourage conservation of water resources.

4. Encourage water catchment and holding systems where allowed by adopted public health policies or County codes.

5. Prevent commercial or “large-scale” (see definitions) export of water.

6. Ensure that old abandoned wells are sealed and capped and not used for toxic refuse disposal.

7. Encourage farmers to use water conserving irrigation practices, including use of surface water whenever practical and feasible.

8. The 1976 “Report on Ground Water on Waldron Island,” by Richard J. Rongey, as updated, will be maintained as up-to-date by San Juan County and the Waldron community.

Regulations:

1. Land use priority on Waldron shall be first to residential and agricultural uses. If land is to be used for nonresidential or nonagricultural purposes, the user must demonstrate to the satisfaction of the County prior to commencement of such use that the use of the water will not jeopardize the amount of water remaining on the island necessary for the health and safety (including without limitation for fire protection) of the inhabitants.

2. Except for drainfields, sewage treatment facilities for multiple dwellings shall be prohibited.

3. No structure shall contain more than two toilets that use potable water for flushing.

4. The commercial or large-scale export of water from Waldron Island is prohibited.

B. Utilities and Power Generation.

Goals:

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To preserve the peace and quiet which is a paramount value of Waldron Island; to encourage and promote the use of renewable energy sources such as solar and wind; and to discourage the use of nonrenewable energy sources such as fossil fuels and public power.

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To promote conservation through encouragement of a low-consumption life style.

Policies:

1. Recognize that the character of Waldron to be fostered by this plan is influenced by the lack of public utilities.

2. Underground electrical lines are preferred for aesthetic reasons except where blasting is necessary for installation.

3. Solar and wind power generation facilities which supply power to living quarters are recognized as normal accessories to single-family residences. Solar and wind power generation facilities serving other uses shall be permitted as provided under Table 18.30.040. However, any such facilities located within Shoreline Master Program jurisdiction shall be subject to applicable shoreline permit requirements.

4. Installed motor generator sounds, which by reason of their intensity, frequency or duration disturb the peace and quiet of any person, should be discouraged.

5. Installed motor generators should not cause a noise disturbance at any other dwelling on property other than that on which each is installed.

6. Encourage the use of storage batteries that will supply sufficient household power to eliminate generator noise during evening and nighttime hours.

Regulations:

1. No land use permit or building permit shall be issued for any building or use located on property which benefits from an easement, license or lease for the purpose of electric power distribution or transmission, except where the easement is with the County franchise authority for the sole purpose of serving the property abutting the County road right-of-way.

2. All outdoor electric lines within multiple-home power systems shall be underground; however, when locating electric distribution lines pursuant to SJCC 18.40.430, the presence of ledge rock is a “reasonable and practical” basis for locating distribution lines above ground.

3. Installed motor generators shall be sound-suppressed using muffler(s), sandbags, baffles, earth berms or other construction or materials and/ or contained within a sound-insulated enclosure.

4. For each parcel created after July 5, 1995, when no permit to appropriate water is required by the state, water availability must be satisfied from sources within the exterior boundaries of the parcel to which the use is applied.

C. Extraction.

Goals:

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To provide guidance in case of any application or permit for extraction on Waldron the following goals and policies are provided.

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To prevent disfigurement of the land, or depletion of a resource, from mining, drilling or blasting and to prevent damage to the road system and shoreline from transportation of large-scale amounts of sand, rock, earth, gravel, or other valuable minerals, or petroleum, natural gas, peat or water.

Policies:

1. “Large-scale” (see definitions, SJCC 16.36.070) extraction, of sand, rock, earth, gravel, or other valuable minerals, or petroleum, natural gas, or peat for off-island use should not be permitted.

2. There should be no large-scale transport off-island of minerals, sand, rock, gravel, and other valuable aggregate or metallic substances, or petroleum, natural gas, or peat.

3. Rock crushing, clay bulking, concrete batching, asphalt mixing, blasting and other resource processing activities and facilities accessory to any large-scale commercial extraction operation should not be permitted.

4. Exploration for commercial quantities of minerals, sand, rock, earth, gravel and other valuable aggregate or metallic substances, or petroleum or natural gas or peat should not be permitted.

5. Blasting should not be used to extract minerals for commercial purposes.

6. Extraction of minerals, sand, rock, earth, gravel and other valuable aggregate or metallic substances, or petroleum or natural gas or peat should not produce any significant adverse environmental impacts that cannot be mitigated to nonsignificant levels.

Regulations:

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Extraction of minerals, sand, rock, earth, gravel, aggregate, metallic substances, petroleum, natural gas, or peat shall be prohibited on Waldron to the extent such extraction, or the manner thereof, or the transport of the materials extracted, would cause a significant adverse environmental impact that cannot be satisfactorily mitigated to nonsignificant levels.

D. Recreation.

Goal:

To preserve the rural character of Waldron Island.

Policies:

1. Public access to Waldron shorelines should be limited to public shorelines and existing public access (as of July 5, 1995), except where new shoreline development permits or conditional uses are required to provide new or additional public access per SJCC 18.50.180 and the Shoreline Management Act, Chapter 90.58 RCW, in which cases access should be limited to passive recreational use.

2. Any proposal which would allow new public park facilities to be established on Waldron should be discouraged before the parks board and the BOCC.

Regulations:

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No commercial recreational facilities shall be established on Waldron.

E. Transportation and Public Facilities.

Goal:

•    

Public (tax-supported) and private transportation facilities should serve the needs of the residents without altering the rural, isolated character of Waldron. The impacts of noise and loss of privacy brought about by increases in aircraft and boat travel to Waldron should be minimized.

Policies:

1. There should be no more than one County dock facility.

2. Additional docks or aircraft landing areas (public or private) should not be permitted.

3. The present system of unpaved County roads should be preserved. Single lanes with gravel surfaces and turnouts should be the design standard for County roads. No paving or oiling should be permitted.

4. Scheduled state ferry vehicle-carrying boat service to Waldron Island should not be permitted by the state.

Regulations:

1. Scheduled privately-owned and/or operated vehicle-carrying boat service (see also Policy 4) is prohibited.

2. No more than one airstrip shall be allowed on Waldron and shall be a transportation facility only. No airfields or airports shall be allowed. The existing (and any other if the existing airstrip is displaced, even if only temporarily), private airstrip shall adhere to the following regulations governing its use.

a. Rights to the use of said airstrip shall not be granted appurtenant to the ownership or sale of any real property, now or in the future.

b. For so long as the airstrip remains open for aircraft use, rights to use of said airstrip shall be enjoyed equally by all residents and landowners of Waldron Island without discrimination or prejudice.

c. No provisions for airplane taxiways, tie-down areas or other facilities related to the use of the airstrip shall be established on any other lots.

d. All aircraft shall be restricted to the confines of the airstrip.

e. A tie-down area shall be designated on the airstrip and limited to 100 feet in width and 150 feet in depth.

f. No alteration or intensification of the use of said private airstrip shall be made except after application for, and approval of, a conditional use permit issued under the regulations and policies established for conditional uses within San Juan County at the time of the application.

g. The Waldron community shall be allowed to erect and maintain signs directing departing traffic to turn east and control noise.

3. Docking facilities for float planes shall not be permitted.

4. Private or public helicopter landing areas on Waldron are prohibited. Landings designated for emergency use only (medical emergencies and fire fighting) are allowed.

5. No breakwaters are permitted.

6. Private docks at new locations are prohibited. Any existing private dock may be modified, repaired, or replaced, subject to the provisions of the County Shoreline Master Program, Comprehensive Plan Section B.3 and Chapter 18.50 SJCC.

F. Residential Development.

Goals:

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To encourage a residential development ethic consistent with the natural beauty of Waldron and the self-reliant character of its community as described in “The Description and Character of Waldron.”

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To preserve the character of the Waldron Community by ensuring that future residential development does not cause significant adverse environmental effects and is consistent with the prevalent low demand and impact on public facilities and services.

Policies:

1. Maintain (insofar as possible) the maximum allowable residential density designations as shown on San Juan County Official Maps of December 1998. Any proposed amendments to the Comprehensive Plan and its official maps which would allow an increase in residential density will be discouraged before the planning commission and BOCC.

2. Encourage a wise and conservative use of resources in constructing homes and other structures.

3. Minimize the area of alteration of the land caused by clearing, filling and grading.

4. Allow home occupations and cottage enterprises as a recognized part of single-family residential use.

5. Protect community health and safety by encouraging houses of sizes that tend to conserve limited island resources and do not put undue strain on Waldron’s limited infrastructure (limited road sizes, limited dock and ramp facilities for importing building materials and heating fuel, no fire protection and limited aquifer recharge areas).

Regulations:

1. Maximum allowable residential density shall conform to the designations on the San Juan County Comprehensive Plan official maps.

2. In addition to the requirements of the UDC, new residential structures shall not exceed 3,400 square feet in net use area, excluding attached or unattached garages, accessory dwelling units or other similar accessory structures.

3. Home occupations and cottage enterprises that meet the definitions in Chapter 18.20 SJCC and the qualifying standards in SJCC 18.40.190 and 18.60.180 and subsection (G) of this section of this subarea plan shall be allowed.

G. Economy.

Goals:

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To uphold an economy in keeping with the physical and social environment of Waldron Island and its rural homestead character.

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To encourage only those small-scale enterprises which place only minimal demands on Waldron’s limited infrastructure and facilities.

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To restrict commercial, industrial, and institutional uses which place an undue burden on existing infrastructure and facilities.

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To restrict commercial, industrial, and institutional uses that cause significant adverse environmental impacts.

Policies:

1. Protect Waldron residents and landowners from unintended, unanticipated and adverse effects or land uses authorized by irrevocable land use permits.

2. Any commercial, industrial, and/or institutional use should not diminish the existing small-scale, agricultural, and rural homestead character of Waldron.

3. A broad diversity of economic activities and/or uses should be permitted if they reflect, preserve, and support the existing character of Waldron and place minimal demands on existing and infrastructure and facilities, are not exploitative of the natural, social or cultural environment and are commensurate with available resources. Examples of such activities include, but are not limited to: specialty agriculture (such as garlic, flowers, herbs, nursery stock, market vegetables); home occupation or cottage industry (such as hand-forged carving tools, bookbinding, limited edition publishing from handset type, arts and crafts); home health care; caretaking of homes; mail order sales; small scale logging and lumber milling; building construction; mechanical, electrical and other technical services; massage therapy; medical consultation; and freight hauling services. (In accordance with SJCC 18.30.030 and 18.30.040 and subsection (F) of this section of this subarea plan, home occupations and cottage enterprises are residential uses and are not regulated as commercial, industrial or institutional development.)

4. Uses which neither reflect, preserve, nor support the existing character of Waldron Island and place more than minimal demands on existing infrastructure and public facilities should be prohibited. Such uses would typically generate a transient population which would stress the existing infrastructure and public services, and/or would fail to support the traditional small-scale rural, agricultural, and residential uses of Waldron Island. Such uses include, but are not limited to, restaurants, retail stores, grocery stores, commercial facilities, transient accommodations and campgrounds. Such uses also include without limitation extractive commercial enterprises (cf. subsection (C) of this section of this subarea plan) and natural resource harvesting that cause significant adverse environmental impacts which cannot be satisfactorily mitigated to nonsignificant levels.

Regulations:

1. All conditional use permits granted on Waldron shall take into account the possible adverse cumulative effects of other existing permits.

2. The following uses shall be prohibited: marinas; ports; resorts; campgrounds; transient accommodations and vacation rentals by themselves or in combination with any other commercial use (including but not limited to workshops, seminars and retreats); commercial recreational facilities; restaurants; retail stores; grocery stores; and delicatessens.

3. Commercial, industrial or institutional uses that produce significant adverse effects on the rural residential character or significant environmental impacts (including traffic levels and noise) that cannot be satisfactorily mitigated to nonsignificant levels or create undue demands on existing infrastructure and facilities shall be prohibited.

4. Commercial, industrial or institutional uses that cause significant adverse environmental impacts which cannot be satisfactorily mitigated to nonsignificant levels shall be prohibited.

5. Classification of Uses Defined Specifically for Waldron Island. The following table shall be used in permit processing for Waldron Island in addition to Table 18.30.040.

Land Uses

Rural Districts RFF

Special Lands

C

N

Commercial Uses

Bed and breakfast residence

No

No

No

Bed and breakfast inn

No

No

No

Personal and professional services

D

No

No

Unnamed commercial uses

No

No

No

Vacation rental of residence or accessory dwelling unit(1)

No

No

No

Recreational Uses

Camping facilities in public parks

No

No

No

Unnamed commercial recreational uses

No

No

No

Residential Uses

Cottage Enterprise

Prov

Prov

No

Note:

1.    The rental of any structure or portion thereof for the purpose of providing lodging for periods less than 30 days, by itself or in combination with any other commercial use.

6. Home Occupations. The following standards apply to all home occupations:

a. The home occupation is located in a dwelling unit, and the primary operator of the home occupation resides on the premises;

b. The home occupation is for gainful employment;

c. The resident of the residence provides a service or manufactures a product;

d. The home occupation meets the standards of SJCC 18.60.180;

e. The home occupation is clearly incidental and secondary to the use of the dwelling unit, and residential use of the property is established prior to the operation of a home occupation;

f. No outdoor activity or storage shall be permitted unless it is screened entirely from view from surrounding properties and roads. No outdoor displace of goods shall be permitted. In no case shall outdoor area devoted to the home occupation exceed 500 square feet;

g. The home occupation shall not generate noise, vibration, glare, fumes, odors, illumination or electrical interference beyond that normally generated by a single residence. Use of chemicals, industrial solvents or other noxious substances shall be in compliance with federal, state and County safety, fire, structural, storage and disposal standards;

h. No home occupation shall cause an increase in the use of any jointly-used water supply or sewage disposal system without either written consent of all users or authorization from any user’s association affected; and

i. Except as incidental to operation of a service or manufacturing operation, no home occupation shall involve on-premises retail sales of goods not manufactured on the premises.

7. Nothing in this subarea plan shall preclude the siting of an essential public facility as identified in the Comprehensive Plan (Sections B.7.1.G, B.7.C.1, and Appendix 2), according to the procedures of Comprehensive Plan Appendix 2 and SJCC 18.30.055.

H. Forestry.

Goals:

•    

To provide guidance in case of any application or permit for forestry on Waldron the following goals and policies are provided.

•    

To promote, recover and maintain the health and diversity of Waldron’s forests.

Policies:

1. Encourage Waldron landowners to preserve their forests, where qualified, by pursuing timber, forest land and open space tax status through state and County provisions and include in any forestry management plan the preservation of old growth forests and heritage trees.

2. Encourage activities such as small boat building, furniture making, sawmills and handicrafts that add local value to timber harvested on Waldron.

3. The Waldron community will pursue the establishment of a voluntary, island-wide forest management and stewardship plan based on ecosystem forest management and promoting biological diversity in the forests of Waldron.

I. Agriculture.

Goals:

•    

To provide guidance in case of any application or permit for agricultural use on Waldron the following goals and policies are provided.

•    

To prevent loss or depletion of agricultural lands (Soil Conservation Service capability Class II, III, and IV soils and other soil classes suitable for particular agricultural uses) so they may serve as a source of food and fiber for existing and future generations.

•    

To encourage a caring and responsible relationship between farmers and the land being farmed, the surrounding environment and the community.

Policies:

1. Protect agricultural lands from forms of development and agricultural and forestry practices incompatible with long-term, sustainable agricultural production.

2. Encourage owners of agricultural lands that have had their forest cover removed to enter some or all of their land in the agricultural open space program.

J. Involvement in Planning Review.

Goal:

•    

To assure the maximum opportunity for island residents to participate in decisions whose outcome could affect the character of the island.

Policies:

1. Develop an advisory process through which Waldron Island residents and landowners can participate in the formation and adoption of policies and making of decisions concerning Waldron Island.

2. Waldron Island residents and landowners have expressed their interest in establishing an advisory board and/or mediation process which shall operate in accordance with bylaws accepted by the board of County commissioners. The standing committee, in addition to its responsibilities in the subarea plan amendment process, shall also advise the permit center and planning department or other governmental agencies, the planning commission, and the board of County commissioners, on land use and development matters affecting Waldron Island, and shall review and comment on development applications, consider subarea plan amendment, and other such matters. (Ord. 21-2002 § 10; Ord. 1-2001 §§ 1, 2; Ord. 1-2000; Ord. 7-1995 § 6)

16.36.070 Definitions.

For the purpose of this subarea plan, all words shall have their normal and customary meanings, unless specifically defined otherwise in this section or in the UDC, SJCC Title 18.

“Commercial recreational facility” means a place designed and equipped for the conduct of sports and leisure-time activities which is operated as a business and open to the public for a fee. This includes privately operated campground, health clubs, and businesses that specialize in recreational activities.

“Installed motor generator” means a motor generator wired to, and furnishing power to, any building.

“Large-scale” means 100 cubic yards (or 20,000 gallons in liquid measure) or more in one year on one parcel or owned by one person.

“Ledge rock” means blasting is required for removal.

“Transient accommodation” means the rental (including vacation rental) of any structure or shelter or space or portion thereof for the purpose of providing lodging for periods of less than 30 days, by itself or in combination with any other commercial use. (Ord. 21-2002 § 10; Ord. 1-2000; Ord. 7-1995 § 7)

16.36.080 Appeals.

Appeals of actions are governed by SJCC 18.80.140 and applicable statutes. (Ord. 1-2000; Ord. 7-1995 § 8)

16.36.090 Interpretation, nonrepeal by implication.

This chapter is intended to protect the health and welfare of the citizens of Waldron Island and of San Juan County, and so shall be interpreted broadly to carry out the policies set forth herein. This chapter shall not be repealed by implication. (Ord. 1-2000; Ord. 7-1995 § 9)

16.36.100 Amendments.

Amendments to this subarea plan shall be subject to the procedures established in Section D.3 of the 1998 Comprehensive Plan and in SJCC 18.90.050. (Ord. 1-2000)

16.36.105 Standing committee – Updating the subarea plan.

A. The purpose of the Waldron Island standing committee is to oversee the initial phases of subarea plan amendment, and to advise the permit center, planning department, planning commission and board of County commissioners on land use and development matters affecting Waldron Island.

B. A standing committee of seven members shall be appointed by the BOCC, with members to serve staggered three-year terms. For the initial committee, the terms of four members shall be for a period of two years. Thereafter, all members shall serve three-year terms.

C. The standing committee shall fulfill the responsibilities of SJCC 18.90.050(G)(1) and (2) and shall have the authority and responsibility to:

1. Conduct a public meeting annually (or more often if it deems necessary) to consider whether amendments should be proposed for the subarea plan, and to accept public comments on the subarea plan;

2. Initiate a review and updating of the subarea plan at least once every five years, and conduct one or more public meetings to accept public comments;

3. If the standing committee determines that amendments should be proposed, forward specific proposals and concerns to the planning director for inclusion in the Comprehensive Plan review process. The planning department will review the subarea plan and the proposals of the standing committee and prepare a report and recommendations for amendments for the planning commission. Following this review, the planning commission and planning department may recommend to the board of County commissioners amendments designed to achieve more effectively and equitably the purposes and policies of the subarea plan;

4. Review and comment on all applications for redesignation, long and short plats, and conditional use permits and variances required by this plan, and all applications for shoreline permits for development on Waldron Island; and review and comment on all environmental determinations issued according to the State Environmental Policy Act for proposed developments on Waldron Island;

5. Monitor applications and County permit approvals for other developments on Waldron Island to enable effective and comprehensive review of the subarea plan;

6. On request of the administrator or on their own initiative, make recommendations regarding the intent or meaning of any provision of this subarea plan;

7. Fulfill the above responsibilities by action in accordance with bylaws for conduct of the Waldron Island standing committee adopted by the board of County commissioners; and

8. In order to enable the committee to fulfill its duties and to be adequately informed about pending land use applications in the subarea, the administrator will provide the committee with:

a. Current summary reports of all pending land use applications; and

b. Complete copies of all applications requested by the standing committee. (Ord. 1-2000)