Chapter 18.20
DEFINITIONS

Sections:

18.20.001    Scope.

18.20.005    Interpretations.

18.20.010    “A” definitions.

18.20.020    “B” definitions.

18.20.030    “C” definitions.

18.20.040    “D” definitions.

18.20.050    “E” definitions.

18.20.060    “F” definitions.

18.20.070    “G” definitions.

18.20.080    “H” definitions.

18.20.090    “I” definitions.

18.20.100    “J” definitions.

18.20.110    “K” definitions.

18.20.120    “L” definitions.

18.20.130    “M” definitions.

18.20.140    “N” definitions.

18.20.150    “O” definitions.

18.20.160    “P” definitions.

18.20.170    “Q” definitions.

18.20.180    “R” definitions.

18.20.190    “S” definitions.

18.20.200    “T” definitions.

18.20.210    “U” definitions.

18.20.220    “V” definitions.

18.20.230    “W” definitions.

18.20.240    “X” definitions.

18.20.250    “Y” definitions.

18.20.260    “Z” definitions.

18.20.001 Scope.

This chapter contains definitions of technical and procedural terms used throughout this code, and definitions of land uses listed in Tables 18.30.030 and 18.30.040. Not all of the uses defined below are named in Tables 18.30.030 and 18.30.040. (Ord. 12-2001 § 3; Ord. 2-1998 Exh. B § 2.1)

18.20.005 Interpretations.

A. For the purpose of this code, all words shall have their normal and customary meanings, unless specifically defined otherwise in this section. In general, words used in the present tense shall include the future; the singular shall include the plural; and the plural the singular. The words “shall,” “must,” “will,” “may not,” and “no … may” are always mandatory. The word “should” indicates that which is recommended but not required. The word “may” indicates a use of discretion in making a decision. The word “used” includes “designed, intended, or arranged” to be used. The masculine gender includes the feminine and vice versa. References to “distance” means distance as measured horizontally unless otherwise specified.

B. All definitions which reference the Revised Code of Washington (RCW), Washington Administrative Code (WAC), and Uniform Building Code (UBC) are intended to mirror the definitions in these codes at the effective date of the Unified Development Code (this code) or as amended. If the definition in this code conflicts with a definition under state law or regulation, the state definition shall control over this definition.

C. These definitions are not intended to establish regulations. (Ord. 2-1998 Exh. B § 2.2)

18.20.010 “A” definitions.

“Abandon” means to terminate or remove 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.

“Abutting” means adjoining as defined herein, but will often have the added component of joining end to end, or sharing an end border.

Accessory Apartment, Accessory Dwelling Unit. See “internal accessory dwelling unit (IADU).”

“Accessory dwelling unit (ADU)” means a living area that is accessory to the principal residence, located on the same lot, and that provides for sleeping quarters, kitchen, and sanitation facilities. An ADU may be internal, attached or detached.

“Accessory structure” means a structure detached from a principal building located on the same lot and which is incidental and secondary to the principal building.

“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.

“Acoustical engineer” means a professional engineer, licensed in Washington, with a degree in mechanical engineering and membership in the Acoustical Society of America; or a professional engineer with demonstrated education, accreditation and experience to perform and certify noise measurements, as determined by the director.

“Activity centers” in San Juan County include villages, hamlets, residential activity centers, island centers, and master planned resorts.

“Adaptive management” means a style of management which relies upon the best available information to make decisions, but implements decisions with a strategy to obtain additional information. The decisions, or their implementation, are then adapted, if necessary, based on the new information.

“Adequate” means acceptable but not excessive.

“Adequate capacity (adequate capital 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),” and “noncapital alternative strategies.”)

“Adjoining” means being in physical contact, touching at some point or along a line, having a common point or border, sharing a common boundary, being so joined or united to each other that no third object intervenes.

“Administrator,” “planning director,” and “director” each mean the San Juan County community development and planning department 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 an off-site property or facilities.

“Affordable housing” means housing where the occupants pay no more than 30 percent of gross monthly income for total housing costs, including the cost of property taxes and insurance for homeowners and monthly utilities for owners and renters.

“Agricultural activities” means agricultural uses and practices defined in RCW 90.58.065.

“Agricultural commodity” means sheep, cattle, horses, goats, pigs, llamas, alpacas, or any other animal or any distinctive type of agricultural, horticultural, viticultural, floricultural, vegetable, or animal product, such as products qualifying as organic food products under Chapter 15.86 RCW and private sector cultured aquatic products as defined in RCW 19.85.020 and other fish and fish products, either in their natural or processed state, including bees and honey and Christmas trees but not including timber or timber products.

“Agricultural composting” means composting of agricultural waste as an integral component of a system designed to improve soil health and recycling agricultural wastes. Agricultural composting is conducted on lands used for farming and is an agricultural activity. Agricultural composting can include the collection of off-site yard, landscape, or agricultural waste and other compostable materials to be processed into compost, including sales or delivery of finished composted product. Such operation shall be accessory to the primary agricultural activities of the farm operation and shall not generate traffic and/or noise uncommon to a farm operation.

“Agricultural equipment and facilities” means equipment and facilities defined in RCW 90.58.065(2).

“Agricultural processing, retail, and visitor-serving facilities for products” means the commercial processing (preparing for market, packing, and sales) of agricultural commodities, and the on-site facilities for retail display and sale of such agricultural commodity products.

“Agricultural products” includes but is not limited to horticultural, viticultural, floricultural, vegetable, fruit, berry, grain, hops, hay, straw, turf, sod, seed, and apiary products; feed or forage for livestock; Christmas trees; hybrid cottonwood and similar hardwood trees grown as crops and harvested within 20 years of planting; and livestock including both the animals themselves and animal products such as meat, upland finfish, poultry and poultry products, and dairy products (see RCW 90.58.065(2)).

“Agricultural resource 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, livestock, or Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, and have long-term commercial significance for agricultural production (RCW 36.70A.030(2)). Agricultural resource lands is also a land use designation (AG) in the Comprehensive Plan.

“Agricultural sales” means the sales of agricultural products grown, raised or harvested in San Juan County, including processed products whose defining ingredients are produced or harvested in the County. Agricultural sales can include the sale of agricultural promotional materials which shall be accessory to the sale of the primary agricultural products.

“Agricultural soils” means lands with USDA-San Juan County Soil Survey Class II, III, and IV soils or other soil classes where the land is suitable for a particular agricultural use.

“Agricultural wastes” means wastes on farms resulting from the raising or growing of plants and animals such as crop residue, manure and animal bedding, and carcasses of dead animals weighing each or collectively in excess of 15 pounds.

“Agriculture, existing and ongoing” means any agricultural activity conducted on lands defined in RCW 84.34.020(2); agricultural use ceases when the area on which it is conducted is converted to a nonagricultural use.

“Agritourism” means recreational, educational or agricultural-related activities that are accessory to the agricultural activities of the farm operation.

“Aid to navigation” means any visual or electronic device airborne or on the surface which provides point-to-point guidance information or position data to aircraft in flight.

“Aircraft accident safety zone” means an area of land that is designated in order to meet the land use compatibility direction in RCW 36.70A.510 and 36.70.547 for general aviation airports and to implement the health and safety and land use purposes of an airport overlay district, and is shown on the official maps of the overlay district. Guidance for the delineation of these safety zones is provided by the Washington State Department of Transportation, which can be modified in order to address local circumstances as part of the adoption of individual airport overlay districts.

1. “Safety zone 1: Runway protection zone” is an area that has the same dimensions as the FAA runway protection zone. It is a trapezoidally shaped area that extends from the outer boundaries of the primary surface along the extended runway centerline. Where only a portion of the runway is declared as usable (the remainder of the pavement being part of a paved “stopway”), as is the case at Orcas Island airport, the measurements for the zone begin at the threshold line on the pavement which marks the end of the declared usable runway surface.

2. “Safety zone 2: Inner safety zone” is an area that underlies the main departure/approach path. It begins at the end of the runway protection zone (zone 1) and extends out along the extension of the runway centerline.

3. “Safety zone 3: Inner turning zone” is an area where aircraft turn into the direct approach path, or turn out of the departure path. The zone begins at the primary surface and extends out at 30 degrees from both sides of the runway centerline. It connects to the centerline of the inner safety zone (zone 2) with sweeping arcs.

4. “Safety zone 4: Outer safety zone” is an area that underlies the main departure/approach path, after the inner turning zone (zone 3). It extends out from both sides of the extended runway centerline, beginning at the outer edge of the inner turning zone (zone 3) and extending to the outer boundary of zone 6 (or to outer boundary of the horizontal zone if zone 6 is not designated).

5. “Safety zone 5: Sideline safety zone/airport development zone” is an area that is immediately adjacent to the airport and runway area. The standard zone begins at the primary surface, extending out from the extended runway centerline and connecting at its ends to the inner turning zone (zone 3).

6. “Safety zone 6: Traffic pattern zone” is an area that encircles the other five safety zones. The standard area consists of a long oval that is centered longitudinally on the runway, and which envelops the other safety zones. The perimeter is constructed by swinging arcs from a point along the extended runway centerline that is 500 feet from the edge of the primary surface. The arcs are connected by line segments that are extended from the edge of safety zone 5. Zone 6 may or may not be designated for a given airport overlay district.

“Airfield” means a privately owned area of land open to general or limited public use for aircraft operations. An airfield may include related noncommercial services, aircraft maintenance, or fueling facilities.

“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.

“Airport overlay district” means an overlay district which governs use of land in the vicinity and environs of an airport and protects public safety in the area.

“Airstrip” means a privately owned area of land, closed to the public, and restricted to use by the owner for noncommercial aircraft operations and, on an occasional basis, invited guests of the owner.

“Aliquot part” means a parcel of unplatted land which is described by record legal description as a fractional portion of a section, excluding government lots.

“Allowable uses” means the land uses that are allowed under this title, divided into five categories, as identified in SJCC 18.30.050 through 18.30.055 and Tables 18.30.030 and 18.30.040. These are uses allowed outright (“Yes”), provisional (“Prov” or “P”), “P/C” (formerly referred to as discretionary (“D”)), conditional (“C”), and plan amendment (“P.A.”) uses.

“Allowed outright use (“Yes” use)” means a use that is allowed outright within a land use designation, and which does not require a project permit, and is identified in Tables 18.30.030 and 18.30.040 by the symbol “Yes.” All “Yes” uses are subject to and must comply with all applicable development standards of this title (see Chapter 18.60 SJCC and SJCC 18.80.070).

“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.

“Alteration, nonconforming use” means the expansion, modification or intensification of a use that does not conform to the land use regulations of the UDC.

“Animal shelter (kennel)” means a commercial or nonprofit establishment in which animals other than livestock are temporarily housed or boarded, groomed, bred, trained, treated, or sold.

“Antenna” means any apparatus designed for transmitting and/or receiving electromagnetic waves by converting those waves from and to electrical current.

“Antenna array” means one or more antennas and their associated mounting hardware, feed lines, or other appurtenances which share a common attachment device, such as a mounting frame or support structure.

“Appeal, closed-record” means an administrative appeal on the record to the board of County commissioners, following an open-record hearing on a project permit application. A closed-record appeal is on the record made before the decision maker with no or limited new evidence or information allowed to be submitted and only appeal argument allowed (RCW 36.70B.020).

“Appeal, open-record” means a hearing, conducted by the hearing examiner, that creates the County’s record through testimony and submittal of evidence and information, under procedures prescribed by the County by ordinance or resolution when a timely appeal of the director’s decision on a project permit application or a timely appeal of an administrative determination is filed.

“Applicant” means any person who files a permit application with the County and who is either the owner, beneficial owner, contract purchaser, or authorized agent of such owner of the land on which the proposed activity would be located.

“Approach surface” means the FAA imaginary surface that is the lower boundary of an airspace which begins at the ends of the primary surface and extends upward and outward along the extended runway centerline. The initial width of the surface coincides with the width of the primary surface, and expands outward uniformly from the primary surface.

“Approach, transitional, horizontal, and conical surfaces” means the imaginary surfaces that relate to an airport or airfield runway as defined in Federal Aviation Administration (FAA) regulations, 14 CFR Part 77, “Objects Affecting Navigable Airspace,” as amended, and as shown on the approach and clear zone plan for an airport or airfield. They are so-called “imaginary” surfaces because, with the exception of the runway, they cannot be seen.

“Approach, transitional, horizontal, and conical zones” means the zones which apply to the ground areas immediately under a runway approach; transitional, horizontal, and conical surfaces as projected along a vertical axis.

“Aquacultural equipment and facilities” includes, but is not limited to: (1) the following used in aquacultural operations: equipment; machinery; constructed shelters, buildings, and ponds; water storage facilities; water diversion, withdrawal, conveyance, and use equipment and facilities such as pumps, pipes, canals, ditches, and drains; (2) farm residences and associated equipment, lands, and facilities; and (3) roadside stands and on-farm markets for products (see RCW 90.58.065(2)).

“Aquacultural products” includes fish, shellfish, or other aquatic animals or plants.

“Aquaculture” means the culture or farming of fish, shellfish, or other aquatic plants and animals. Aquaculture does not include the harvest of wild geoduck associated with the state managed wildstock geoduck fishery (see WAC 173-26-020(6)).

“Aquaculture, noncommercial” means harvesting fish, shellfish or other aquatic animals and plants for subsistence, recreational and personal consumption, scientific research or restoration activities.

“Aquaculture processing” means the commercial preparation of fish, shellfish or other aquatic animals and plants for market including packaging and transportation.

“Aquatic designation” means all water bodies under the jurisdiction of the Shoreline Management Act of 1971 and within the boundaries of San Juan County, including the water surface together with the underlying lands and the water column such as to bays, straits, harbors, coves, estuaries, tidelands, shorelands, and lakes.

“Aquifer” means a body of permeable saturated rock material or soil capable of conducting ground water.

“Aquifer recharge areas” means lands through which precipitation and surface water infiltrate the soil and are transmitted through rocks and soil to create ground water 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 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 more intensive rural development (AMIRD)” means a class of rural lands that includes village and hamlet activity centers, residential activity centers, and island centers. AMIRDs were identified and delineated according to the criteria in RCW 36.70A.070(5)(d). They consist of commercial, industrial, residential, or mixed-use areas in which the kinds, intensities, or densities of use, or the capital facilities and services available, exceed the levels normally associated with rural development. Thus, these areas recognize and provide for existing compact rural development and uses, and allow for infill in the areas to the level of existing patterns.

“Area of natural terrain obstruction” means an area where the natural land surface penetrates the FAA imaginary surface.

“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).

“Artisan” means a skilled craftsperson, small-scale manufacturer, or artist who practices a trade or handicraft and who creates artisanal products in limited quantities for sale.

“Artisan activities” means the creation and sales of artisan products.

“Artisanal product” means art, food, and other retail goods created by an artisan on a small-scale or batch basis. Artisanal products are often made using traditional craft methods, tools and skills, or are manufactured on a small scale.

“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 club or facility” and “religious assembly facility.”)

“Assessor’s parcel number” means a geocoding number assigned by the assessor’s office for property tax assessment purposes only.

“Associated wetland” means those wetlands that are in proximity to and either influence or are influenced by tidal waters or a lake or stream that is subject to the Shoreline Management Act.

“At grade” means at ground level.

“Attached accessory dwelling unit (AADU)” means an ADU which is internal to or attached to the principal residence by (1) a common wall, or (2) a continuous roof and exterior wall enclosures, or (3) a continuous roof no less than six feet in width, the area of which is included in the living area of the ADU.

“Automobile wrecking and junk (or salvage) yards” means an outdoor area used for the wrecking, storage, and recycling/salvage of wrecked or abandoned vehicles for scrap metal and/or parts. (See “junk yard or salvage facility.”)

“Automotive fuel station” means any building, land area, or other premises used for the retail dispensing or sales of vehicular fuels, but at which there is no servicing or repair of automobiles.

“Automotive repair station” means any building, land area, or other premises used for the retail servicing or repair of automobiles, but at which there is no dispensing or sales of vehicular fuels.

“Automotive service station” means any building, land area, or other premises used for the retail dispensing or sales of vehicular fuels and the servicing or repair of automobiles.

“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 facilities),” “concurrency,” and “level of service (LOS).”)

“Average grade level” means the average or the natural or existing topography of the portion of the lot, parcel, or tract of real property which will be directly under the proposed building or structure. Calculation of the average grade level is made by averaging the ground elevations at the midpoint of all exterior walls of the proposed building or structure. In cases of structures to be built over the water, average grade level is the elevation of the ordinary high water mark.

“Average tree height” means the mean height of existing trees within a 150-foot radius of the facility site.

“Average vehicular trips” means the average number of all vehicles entering or leaving a site during a defined period. (Ord. 11-2019 § 4; Ord. 1-2016 § 67; Ord. 21-2015 § 27; Ord. 2-2014 § 1; Ord. 26-2012 § 2; Ord. 25-2012 § 1; Ord. 10-2012 §§ 1, 32; Ord. 11-2011 § 1; Ord. 52-2008 § 1; Ord. 7-2006 § 1; Ord. 7-2005 § 2; Ord. 21-2002 § 3; Ord. 12-2002 § 1; Ord. 5-2002 § 2; Ord. 12-2001 § 3; Ord. 14-2000 § 7(XX); Ord. 11-2000 § 3; Ord. 2-1998 Exh. B § 2.3)

18.20.020 “B” definitions.

“Barge landing site, permanent” means any location established for the purpose of landing a barge (including powered landing craft) for more than a temporary use. (See also “log storage or transfer site.”)

“Barge landing site, temporary” means a location where a limited number of landings are allowed that will not result in permanent disturbance of the earth or permanent adverse impacts on shoreline ecological functions.

“Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year; also known as the “100-year flood,” as shown on the FIRM maps.

“Base flood elevation” means the elevation for which there is a one percent chance in any given year that flood levels will equal or exceed it.

“Beach enhancement/restoration” means a process of restoring a beach to a state more closely resembling a natural beach using beach feeding, vegetation, drift sills, and other nonintrusive means.

“Bed and breakfast inn” means a hospitality commercial use containing three to five lodging units without cooking facilities, which provides overnight accommodation and breakfast meals in a proprietor- or owner-occupied existing single-family residence and additional legal structures or up to 10 lodging units in an existing historic structure.

“Bed and breakfast residence” means a hospitality commercial use containing one to two lodging units without cooking facilities, which provides overnight accommodation and breakfast meals in an owner-occupied existing single-family residence.

“Beneficial owner” means an individual who is a member of a family corporation, trust, or a partnership, and who is related by blood, adoption, marriage, or domestic partnership to all other members of the corporation, trust or partnership.

“Best available science” means current scientific information used in the process of designating, protecting, or restoring critical area functions and values, that is derived from a valid scientific process as described in WAC 365-195-900 through 365-195-925.

“Best management practices (BMPs)” means systems of practices, schedules of activities, prohibitions, maintenance procedures, and structural or management measures that prevent or minimize the release of pollutants or other adverse impacts to the environment.

“Binding site plan” is a method of division of land intended primarily for projects such as condominiums, residential clusters or planned unit developments, industrial parks and shopping centers, which are developed as a whole rather than for sale of individual lots for development.

“Biodiesel” means biodiesel as defined by RCW 19.112.010.

“Biofiltration system” means a water filtration system using biological processes.

“Boat launch, ramp or retrieval system” means an area, structure, or equipment used to launch or retrieve boats.

“Boathouse” means an enclosed structure designed and used for the storage of boats and boat equipment.

“Boating facilities” means development and uses that support access to shoreline waters for purposes of boating such as marinas, covered moorages, boathouses, ramps, marine railways, mooring buoys, piers, docks and floats serving five or more single-family residences, or multifamily units.

“Bonus-density residential district” means a district in which a density bonus is permitted for affordable housing. The official maps indicate both the base density permitted without a density bonus and the maximum density permitted with a density bonus for affordable housing.

“Boundary line adjustment” means a change in the location of the boundary or boundaries between parcels of land to correct errors.

“Boundary line modification” means a change in the location of the boundary or boundaries between parcels of land; provided, that no additional parcels are created, except that a change in a land description to correct errors is not to be considered a boundary line modification.

“Breakwater” means protective structures that are normally built offshore to protect beaches, bluffs, dunes, or harbor areas from wave action.

“Buffer zone, strip, or area” means either an area designed to separate incompatible uses or activities, or a contiguous area that helps moderate adverse impacts associated with adjacent land uses and that is necessary for the continued maintenance, function, and structural stability of the protected area. Different types of buffers perform different functions.

“Building envelope” means:

1. A three-dimensional space in which a building or structure may be built;

2. A plat restriction for the purpose of defining lot coverage areas for individual lots, or for describing shoreline building setbacks.

“Bulk fuel storage plant or terminal” means an area where flammable or combustible liquids are received by tank vessel, pipelines, tank car, or tank vehicle and are stored or blended in bulk for the purpose of distributing such liquids by tank vessel, pipeline, tank car, tank vehicle, portable tank, or container (see International Fire Code).

“Bulk fuel storage (retail)” means the storage of fuel in structures or tanks for subsequent retail sale.

“Bulk fuel storage (wholesale)” means the storage of fuel in structures or tanks for subsequent wholesale distribution.

“Bulkheads or seawalls” means structures erected parallel to and near the high water mark for the purpose of protecting the adjacent bank or uplands from the action of waves or currents. (Ord. 1-2016 § 68; Ord. 26-2012 § 3; Ord. 52-2008 § 2; Ord. 7-2005 § 2; Ord. 12-2001 § 3; Ord. 11-2000 § 3; Ord. 2-1998 Exh. B § 2.3)

18.20.030 “C” definitions.

“Campground and camping facilities” means a facility in which sites are offered for less than 30 days for persons using tents or other personal, portable overnight shelters.

“Camping” means to reside for less than 30 days in a tent or other personal, portable overnight shelters.

“Capital facilities” means physical structures or facilities owned or operated by a government entity which provides or supports a public service.

“Capital improvements” means improvements to land, structures, initial furnishings, and selected equipment.

“Carrier” means a provider of telecommunications services.

“Channel” means an open conduit for water either naturally or artificially created, but does not include artificially created irrigation, return flow, or stock watering channels. (See WAC 173-14-030(8)(b); see also “stream.”)

“Civic and cultural facilities” means structures and related activity areas used by organizations providing educational, social, religious or recreational services to the community; including performance halls, government service offices, facilities for religious assembly, colleges, primary and secondary schools, museums, and libraries.

“Class I beach” means a beach that encompasses stable, infrequently wetted backshore berms, dunes or marshes.

“Class II beach” means a beach or shore having only marginally, geologically partially developed and not dependably dry backshore.

“Class III beach” means a beach or shore having no dry backshore.

“Clearing” means the destruction or removal of vegetation, roots, or topsoil materials by hand or mechanical means.

“Cluster development” means the massing of development on one or more parts of a property.

“Co-applicant” means all persons or entities joining with an applicant in an application for a project or development permit, including the owners of the subject property and any tenants proposing to conduct a development or activity subject to a permit.

“Coastal high hazard areas” means the areas within any areas of special flood hazard that are subject to high velocity waters, including but not limited to storm surge or tsunamis.

“Co-location” means the shared use of a building, tower or telecommunication mount or site by more than one licensed carrier. Additionally, to satisfy the definition of “co-location” on a wireless tower, the mounting of a new proposed antenna must not: (1) increase the approved height of the wireless tower by more than the minimal amount required by Section 6409 of the Middle Class Tax Relief Act (2012) by more than 10 percent; or (2) involve the installation of more than four new equipment cabinets or one new equipment shelter to serve the wireless tower; or (3) involve adding an appurtenance to the body of the wireless tower that would protrude from the edge of the wireless tower more than 20 feet; or (4) involve excavation outside the current wireless tower site, defined as the current boundaries of the leased or owned property surrounding the wireless tower and any access or utility easements currently related to the site; or (5) interfere with the camouflage or disguise of the wireless tower.

“Commercial communication facilities” means a facility for the broadcast of signals for television, HDTV, and commercial radio stations and refers to the lease area and easements, all towers, antennas, mounts, transmission cables, equipment shelters or cabinets and any other installation to facilitate the broadcast of radio and television. Personal wireless service facilities and joint-use wireless facilities are not “commercial communication facilities.”

“Commercial composting” means the collection of off-site or public drop-off of yard, landscape, agricultural wastes and other compostable materials to be processed into compost, including sales, pick-up or delivery of finished composted products.

“Commercial mobile radio services” or “CMRS” means any of several technologies using radio signals at various frequencies to send and receive voice, data and video.

“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 (see “indoor recreational facilities”).

“Commercial sign” means any object, device, display or structure that is used for attracting attention to any commercial use, product, service, or activity.

“Commercial use” means activity involving the sale of goods or services.

“Common area” means any area contained within the boundaries of a proposed land division or within a multifamily residential development and owned by the lot owners as tenants-in-common, joint tenancy, or through an association or nonprofit association, and provided specifically for the common use of the residents.

“Community club or facility” means a not-for-profit use that provides social, health, recreational, cultural, or educational facilities to a community.

“Community structure” means a structure which is intended for the common use of the residents of a particular subdivision or community.

“Composting” means the biological degradation and transformation of organic solid waste under controlled conditions designed to promote aerobic decomposition. Natural decay of organic solid waste under uncontrolled conditions is not composting.

“Comprehensive Plan” means the San Juan County Comprehensive Plan and all of its goals, objectives, policies, documents, and maps.

“Concurrency” means a condition in which an adequate capacity of capital and transportation facilities and services is available to support development at the time that the impacts of development occur. (See also “adequate capacity (adequate capital facilities),” “available capital facilities (available capacity),” and “level of service (LOS).”)

“Concurrency facilities” means the public facilities and services for which concurrency is required in accordance with the policies of the Comprehensive Plan. They include transportation facilities (ferry service and parking areas, Types 1 and 2 public docks, intersections in activity centers or urban growth areas, and collector public roads), and “Category A” capital facilities (County solid waste and recycling facilities); community water systems that serve urban growth areas, AMIRDs (village, hamlet, and residential activity centers and island centers), or master planned resort activity centers; and community sewage treatment facilities that serve village and master planned resort activity centers.

“Concurrency test” means the comparison of a project’s impact on concurrency facilities to the available capacity, including existing and planned capacity, of the concurrency facilities.

“Conditional use” means a use that is identified in Tables 18.30.030 and 18.30.040 by the symbol “C” and which requires a conditional use permit.

“Conditional use permit” means a permit issued by San Juan County stating that the land uses and activities meet all criteria set forth in local ordinances, and all conditions of approval in accordance with the procedural requirements of SJCC 18.80.100.

“Conditional use, shoreline” means a use, development, or substantial development which is classified as a conditional use in the Shoreline Master Program (SMP; see Element 3 of the Plan and Chapter 18.50 SJCC), or which is not classified within the SMP.

“Condominium” means the division of a building or land pursuant to the Horizontal Property Regimes Act, Chapter 64.32 RCW, or to the Condominium Act, Chapter 64.34 RCW.

“Conical surface” means the FAA imaginary surface that is the lower boundary of an airspace which extends outward and upward from the periphery of the horizontal surface.

“Conservancy designation” means the land use designation of the Comprehensive Plan designed to protect valuable natural resources, wildlife, historical, and scenic areas.

“Conservancy shoreline designation” means a shoreline designation that is applied to areas which are largely free of intensive development.

“Consolidated formation” means any geologic formation in which the earth materials have become firm and coherent through natural rock-forming processes.

“Construction contractor yards and offices” means service establishments primarily engaged in general contracting or subcontracting in the building construction trades. These include administrative offices, workshops and the indoor or outdoor storage of tools, equipment, materials, and vehicles.

“Contiguous” means adjoining as defined herein, but will often have the added component of sharing the common boundary for a considerable distance, along the whole or most of one side or border.

“Correctional facility” means any facility operated by or under contract to a public agency for the confinement of individuals accused or convicted of criminal or delinquent activity.

“Cottage enterprise” means a commercial or manufacturing activity conducted in whole or in part in either the resident’s single-family dwelling unit or in an accessory building, but is of a scale larger than a home occupation.

“County” means San Juan County, Washington, its board, commissions, and departments.

“Covered moorage” means a pier or float or system of floats covered by a roof.

“Critical area functions and values” means the beneficial roles served by critical areas and the values people derive from these roles including: water quality protection and enhancement; fish and wildlife habitat; food chain support; flood storage, conveyance, and attenuation; groundwater recharge and discharge; erosion control; wave attenuation; protection from hazards; water infiltration; fine sediment control; shade/microclimate; large woody debris; litterfall/organic matter; maintenance of hydrologic function; slope stability; aesthetics; property value; economic development; recreation; carbon sequestration; and within shoreline jurisdiction, shoreline ecological functions and processes.

“Critical areas” means geologically hazardous areas, frequently flooded areas, critical aquifer recharge areas, wetlands, and fish and wildlife conservation areas, all as defined in this chapter and regulated in SJCC 18.35.020 through 18.35.140.

“Critical water resource areas” means selected watersheds and critical aquifers where resources are potentially threatened by salt water intrusion or primary contaminants or limited due to poor recharge.

“Cul-de-sac” means a road closed at one end by an area of sufficient size for turning vehicles around.

“Current use” means the use of land or improvements at the time of permit application. (Ord. 11-2017 § 28; Ord. 1-2016 § 69; Ord. 21-2015 § 28; Ord. 26-2012 § 4; Ord. 25-2012 § 2; Ord. 10-2012 §§ 2, 32; Ord. 2-2010 § 1; Ord. 15-2005 § 3; Ord. 7-2005 § 2; Ord. 26-2002 § 2; Ord. 5-2002 § 2; Res. 64-2001; Ord. 11-2000 § 3; Ord. 10-2000; Ord. 2-1998 Exh. B § 2.3)

18.20.040 “D” Definitions.

Day Care – Type 1. The following definitions apply to day care facilities for six or fewer children:

“Child care facility” means a family day care home (RCW 35.63.170).

“Family day care home” means a person regularly providing care during part of the 24-hour day to six or fewer children in the family abode of the person or persons under whose direct care the children are placed (RCW 35.63.170).

Day Care – Type 2. The following definitions apply to day care facilities for seven or more children:

“Day care center” means a person or agency that provides care for 13 or more children during part of the 24-hour day (RCW 74.15.020).

“Family day care provider” means a licensed day care provider who regularly provides day care for not more than 12 children in the provider’s home in the family living quarters (RCW 74.15.020).

“Mini day care center” means a person or agency providing care during part of the 24-hour day to 12 or fewer children in a facility other than the family abode of the person or persons under whose direct care the children are placed, or for the care of seven through 12 children in the family abode of such person or persons (RCW 35.63.170).

“Day-night sound level (Ldn)” means a measurement used to characterize average sound levels in residential areas throughout the day and night. The Ldn is an A-weighted equivalent sound level at the property boundary in decibels (dB) for a 24-hour period to which 10 dB are added to nighttime sounds (10:00 p.m. to 7:00 a.m.).

“dBA” means the sound pressure level in decibels measured using the “A” weighting network on a sound level meter.

“dbh (diameter at breast height)” means the diameter of a tree measured at 4.5 feet above the ground surface on the uphill side of the tree.

“Dedicate” means to set aside a piece of real property, a structure, or a facility for public or private use or ownership.

“Dedication” means the appropriation of land by an owner for any public or private use, reserving no other rights than those compatible with the full exercise and enjoyment of the public or private uses to which the property is to be dedicated. The intention to dedicate shall be evidenced by the owner filing an application for final subdivision approval showing the intended dedication, and the acceptance shall be evidenced by the approval of said application for recording.

“Degrade” means to scale down in desirability or salability, to impair in respect to some physical property or to reduce in structure or function, in terms of San Juan County standards and environment.

“Density” means the quantity per unit area, such as the number of dwelling units per acre or acres per dwelling unit.

“Department” means the San Juan County community development and planning department.

“Design capacity” means the theoretical or calculated maximum ability of a system or device to handle the duty for which it is to be used.

“Detached ADU” means an accessory dwelling unit that is physically distinct from the principal residence. To be detached, the ADU and principal residence may not be connected or must be structurally independent per the International Residential Code.

“Developable area” means the area of land which is not constrained from development by land use restrictions.

“Development” means the division of a parcel into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any grading, draining, dredging, drilling, filling, paving, excavation, mining, landfill; or any extension of the use of land. (See also “Shoreline development.”) Not all development requires a permit or review.

“Development area” means the area that is directly altered as a result of development. This includes, but is not limited to, the area containing structures, driveways, gardens, landscaped areas, areas of grading, excavation, or fill.

“Development permit” means a County permit or approval required for a project, including but not limited to building and other construction permits, mechanical permits, demolition permits, plumbing permits, clearing and grading permits, driveway permits, and on-site sewage disposal permits. (See “project permit.”) SEPA threshold determinations are not development permits.

“Development right” means the right to develop property subject to federal, state, and local restrictions and regulations.

Development, Shoreline. See “shoreline development.”

“Director” means the director of the San Juan County community development and planning department or a designated representative.

“District” means a part, zone, or geographic area within San Juan County within which certain development regulations apply.

“Division of land” means the creation of two or more parcels of land within the boundaries of a single parcel. All contiguous property held in the same or substantially the same ownership, or under the control of the owner, whether or not the property is described in separate legal descriptions, shall be considered as part of the original tract of record for the purposes of Chapter 18.70 SJCC.

“Dock” means a structure that abuts the shoreline and is used as a landing or moorage place for commercial and pleasure craft. A dock typically consists of a pier, ramp, and float.

“Drainage” means surface water runoff; the removal of surface water or groundwater from land by drains, grading, or other means, which include runoff controls to minimize erosion and sedimentation during and after construction or development.

“Drainageway” means any natural or artificial watercourse, trench, ditch, swale, or other similar depression where surface water accumulates and flows.

“Dredge spoils” means the material removed by dredging.

“Dredging” means the removal of earth from the bottom of a stream, river, lake, bay, or other water body.

“Driftway” means the critical link between the feeder bluff and the accretion shoreform, through which sand and gravel are transported by the littoral drift process.

“Drinking establishment” means a business primarily engaged in the retail sale of alcoholic beverages for consumption on the premises. A lounge operated as part of a restaurant is considered to be accessory to the restaurant.

“Drive-thru window service” means businesses where patrons may carry on business on the premises while in a motor vehicle.

“Driveway” means a strip of land which provides vehicular access to one or two lots.

“Dry boat storage” means a space on dry land or within a building which is rented to the public for the purpose of storing boats.

“Dune” means a hill or ridge of sand piled up by the wind and/or wave action.

Duplex. See “Dwelling unit, two-family.”

“Dwelling unit” means a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. A principal residence and an ADU that meets the requirements of SJCC 18.40.240 constitute a single dwelling unit. Recreational vehicles are not dwelling units.

“Dwelling unit, multiple-family” means one or more structures containing three or more dwelling units.

“Dwelling unit, two-family (duplex)” means a structure containing two dwelling units. (Ord. 2-2014 § 2; Ord. 26-2012 § 5; Ord. 10-2012 §§ 3, 32; Ord. 52-2008 § 3; Ord. 7-2006 § 2; Ord. 21-2002 § 3; Ord. 12-2002 § 2; Ord. 12-2001 § 3; Ord. 2-1998 Exh. B § 2.3)

18.20.050 “E” definitions.

“Eastsound swale” means the swale lying west of the boundary of the village commercial and village residential/institutional districts as shown on the official Eastsound Subarea Plan map and Figure 120-1 of the Eastsound Subarea Plan.

“Eating establishment” means a use providing preparation and retail sale of food and beverages.

“Ecology (WDOE)” means the State of Washington Department of Ecology.

“Electrical lines” means electrical service, distribution and transmission lines and ancillary support structures and enclosures.

“Emergency” means an immediate danger to public health or safety or of serious environmental degradation.

“Endangered species” means a species which is in danger of extinction throughout all or a significant portion of its range, as classified by the Washington Department of Fish and Wildlife, WAC 232-120-14 and the Washington Department of Natural Resources, Washington Natural Heritage Plan.

“Environmental checklist” means a form prescribed by the director and the state of Washington to identify the potential environmental impacts of a given proposal.

“Environmental impact statement (EIS)” means a draft, final, or supplemental written document that reviews the likely significant and nonsignificant adverse and positive impacts of a proposal, ways to avoid, minimize or lessen the adverse impacts, and alternatives to the proposal.

“Environmentally sensitive area(s) (ESA)” means critical area(s).

“Equivalent residential unit (ERU)” is a way to express water or sewage system use by nonresidential customers as an equivalent number of residential customers. An ERU is usually calculated using average daily demand figures.

“Erosion” means the detachment and movement of soil or rock by water, wind, ice, or gravity.

“Erosion hazard areas” means areas characterized by soils identified in the USDA-San Juan County Soil Survey as having severe water erosion hazards:

1. The Pickett Soil portion within the Pickett-Rock Outcrop Complex – PrD only where slope exceeds 15 percent;

2. PrE;

3. The Roche Soil portion within the Roche-Rock Outcrop Complex, 30 to 70 percent slopes – RxE; and

4. Roche gravelly loam, eight to 15 percent slopes – RgC.

“Essential public facility (EPF)” means a facility that provides a necessary public service as its primary mission, and that is difficult to site. EPFs include, but are not limited to, those facilities listed in RCW 36.70A.200; any facility that appears on the list maintained by the State Office of Financial Management under RCW 36.70A.200(4); secure community transition facilities as defined in RCW 71.09.020; state education facilities; state or regional transportation facilities as defined in RCW 47.06.140 and facilities determined to be an essential public facility under SJCC 18.30.055. Essential public facilities of County- or statewide significance also include, but are not limited to: passenger and vehicle ferry terminals (public); public elementary and secondary schools facilities; County sheriff facilities; solid waste collection, transfer and disposal facilities; County recycling facilities; County roads, County docks, County boat launching and County barge landing sites and facilities; County equipment storage and maintenance yards; County septage handling and treatment facilities; primary electrical transmission and distribution systems including systems owned and operated by OPALCO; fire stations and emergency service facilities; public libraries; post offices; County parks; County administrative offices; facilities for communications for public emergency services; community water systems; those community sewage systems serving urban growth areas (UGAs), activity centers and master planned resorts; and general aviation airports.

“Estuaries” means the zone in which fresh and salt waters mingle and affect the total land and water habitat. They are often referred to as “flats,” “mud bays,” “marshes,” or “saltchucks.”

“Excavation” means the mechanical removal of earth.

“Existing use” means the use of a lot or structure or improvements at the time of the enactment of the Unified Development Code (this code).

“Experimental aquaculture” means an aquaculture project that uses methods or technologies which are unprecedented or unproven in the state of Washington.

“Extraction” means the commercial removal of naturally occurring materials from the earth, excluding water. (Ord. 21-2015 § 29; Ord. 10-2012 §§ 4, 32; Ord. 10-2011 § 1; Ord. 2-2010 § 2; Ord. 52-2008 § 4; Ord. 15-2005 § 3; Ord. 11-2000 § 3; Ord. 2-1998 Exh. B § 2.3)

18.20.060 “F” definitions.

“Facility and service provider” means the department, district, agency or private entity responsible for providing a specific concurrency facility.

“Fair market value, shorelines” means the open-market bid price for conducting the work, using the equipment and facilities, and purchasing the goods, services, and materials necessary to accomplish the development. This would normally equate to the cost of hiring a contractor to undertake the development from start to finish, including the cost of labor, equipment and facility usage, transportation, and contractor overhead and profit (WAC 173-27-030).

“Fall zone” means the area on the ground within which there is a potential hazard from falling debris or a collapsing structure (e.g., a tower).

“Family” means individuals related by genetics, adoption, or marriage or a group of not more than eight unrelated individuals who share a single dwelling unit.

“Farm stay accommodation” means a hospitality commercial use associated with agriculture.

“Farm worker accommodation” means a residential use associated with agricultural labor.

“Feasible alternative” means an alternative that:

1. Meets the requirements of federal, state, and local laws and regulations;

2. Attains most or all of the basic objectives of the project;

3. Is technically and technologically possible;

4. Can be accomplished at a reasonable cost;

5. Can be accomplished in a reasonable amount of time; and

6. Adverse environmental, health, and safety effects are no greater than those of the original proposal.

A determination of what is reasonable or feasible is made by the decisionmaking body on a case-by-case basis, taking into account the:

1. Probable intensity, severity, and cumulative impacts of the original proposal and alternative approaches, and opportunity for the avoidance or reduction in the number, intensity, or severity of significant impacts, or of the aggregate adverse impact;

2. Risk of “upset conditions” (i.e., the risk that the control and mitigation measures will fail, be overwhelmed, or exceed allowed limits), and the potential severity of the impact should control or mitigation measures be ineffective or fail;

3. Capital and operating costs;

4. Period of time to accomplish, costs of additional time or delay, and time constraints for completion; and

5. Location and site-specific factors, such as seasonal or topographic constraints, critical areas, site accessibility, and local community concerns. (For areas within shoreline jurisdiction, see definition of “feasible” in WAC 173-26-020.)

“Feeder bluff” means any shoreline land mass subject to periodic erosion from waves, or sliding and slumping, and from which the eroded sand or gravel is naturally transported via a driftway to an accretion shoreform.

“Feedlot” means a confined area or structures, pen, or corral, used to fatten livestock prior to final shipment.

“Feedlot (commercial)” means a dry-feed yard where heavy portions of concentrated feed are fed to cattle to put a finish on the animals either consigned or sold to the feedlot.

Filing. See “recording.”

“Fill” means the placement of soil, rock, gravel, existing sediment, or other material (excluding solid waste) to create new land, tideland, or bottom land, along the shoreline below the ordinary high water mark or on upland areas or wetlands, in order to raise the elevation.

“Filling” means deposition of earth materials by any purposive means.

“Final plat” means the final plat (drawing) of a subdivision and dedication prepared for recording with the County auditor by a licensed surveyor and containing all elements and requirements set forth in Chapter 18.70 SJCC and Chapter 58.17 RCW.

“Finding of concurrency” means the finding by the director that a transportation system or other concurrency facility has adequate unused or uncommitted capacity, or will have adequate capacity, to accommodate the demand for the facility or service generated by a proposed development, without causing levels of service to decline below the level-of-service (LOS) standards set forth in the Comprehensive Plan.

“Float plane” means an aircraft on floats, including float planes, seaplanes, and amphibious aircraft.

“Floating dock” means a dock designed to float on the water surface, secured to the shore by means other than a fixed, elevated pier structure.

“Flood hazard reduction” means structural and nonstructural methods of reducing flood damage and hazards to uses and people. Nonstructural reduction methods may include setbacks, land use controls, wetland restoration, dike removal, use or structure relocation including raising structures above the base flood elevation, biotechnical measures, and stormwater management. Structural reduction methods may include dikes, levees, revetments, floodwalls, channel realignment and elevation of structures consistent with the National Flood Insurance Program.

“Flood Insurance Rate Map (FIRM)” means the official map issued by the Federal Emergency Management Agency that delineates both the special hazard areas and the risk premium zones applicable to San Juan County.

“Flood or flooding” means the temporary inundation of normally dry land areas from the overflow of inland or tidal waters or from the unusual and rapid accumulation or runoff of surface waters.

“Floor area ratio (FAR)” means the gross floor area of all buildings and structures on a site or lot divided by the total area of the site or lot for which the ratio is being calculated.

“Food service facility” means a commercial use that sells or serves food products for consumption on site or for carry-out.

“Forest management” means forest practices pertaining to protecting, producing, and harvesting timber for economic use.

“Forest practice” means any activity conducted on or directly pertaining to forest land and relating to growing or harvesting of timber, or the processing of timber on a harvest site for less than 30 days per calendar year, such as road and trail construction and maintenance; harvest, final and intermediate; precommercial thinning; reforestation; fertilization; prevention and suppression of diseases and insects; salvage of trees; and brush control. Forest practices are regulated under Chapter 76.09 RCW, the Washington State Forest Practices Act, its implementing regulations at WAC Title 222, and other applicable regulations.

“Forest practice, conversion” means the conversion of land to an active use incompatible with timber growing and where future nonforest uses will be located on currently forested land. Under the rules of the Forest Practices Act, WAC Title 222, this requires a Class IV general forest practices permit or COHP with Class III permit.

“Forest practice, conversion option harvest plan (COHP)” means a voluntary plan developed by the landowner and approved by the County that indicates the limits and types of harvest areas, road locations, and open space. This jointly agreed plan is submitted to the WDNR as part of a Class II, III, or IV special forest practice permit application, and is attached to and becomes part of the conditions of the permit approved by the WDNR.

“Forest resource lands” means lands primarily devoted to growing trees for long-term commercial production on land that can be economically and practically managed for such production (RCW 36.70A.030(8)).

“Frequently flooded areas” means lands subject to a one percent or greater chance of flooding in any given year.

Functions and Values. See “critical area functions and values.” (Ord. 1-2016 § 70; Ord. 26-2012 § 6; Ord. 10-2012 § 5; Ord. 7-2006 § 3; Ord. 21-2002 § 3; Ord. 5-2002 § 2; Ord. 12-2001 § 3; Ord. 2-1998 Exh. B § 2.3)

18.20.070 “G” definitions.

“Gabions” means structures composed of masses of rocks, rubble or masonry held tightly together, usually by wire mesh, so as to form blocks or walls. Sometimes used on heavy erosion areas to retard wave action or as foundations for breakwaters or jetties.

“Garden” means an area used for the cultivation of plants for personal enjoyment or consumption and not for commercial agricultural sale or use.

“Garry oak (Quercus garryana) woodlands and savannas” means a habitat type that contains Garry oak along with typically associated native plant species. Garry oak ecosystems are highly varied and are found in locations with rock outcrops, coastal bluffs, maritime meadows, and treeless grasslands as well as seasonal wetlands. Areas in the County that contain Garry oak include English Camp, Cady Mountain, San Juan Valley, the west side of San Juan Island, Point Disney, Turtleback Mountain, and West Sound.

“General aviation airport” means an airport that is used or to be used for public purposes, under the control of a public agency, the landing area of which is publicly owned. General aviation airports include commercial service airports.

“Geologically hazardous areas” means areas that because of their susceptibility to erosion, sliding, earthquake, or other geological events are not suited to the siting of commercial, residential, or industrial development consistent with public health or safety concerns.

“Grade, average level” means the average of the natural or existing topography of the lot, parcel or tract of real property which will be directly under the center of all exterior walls of a proposed building or structure.

“Grade, average level, shoreline” means the average grade as measured as provided above, except that in the case of structures to be built over water, average grade level shall be the elevation of the ordinary high water mark.

“Grade, existing” means the elevation of the ground or site prior to any work being done or any changes being made to the ground or site.

“Grade, finished” means the final elevation of the ground level after development.

“Grading” means stripping, cutting, filling, or stockpiling land including the land in its cut or filled condition to create new grade.

Grandfathered Uses and Structures. See “nonconforming,” “nonconforming lot,” “nonconforming structure,” “nonconforming use,” “alteration, nonconforming structures,” and “alteration, nonconforming use.”

“Grassy swale” means a vegetated drainage channel that is designed to remove various pollutants from stormwater runoff through biofiltration.

“Groins” means barrier type structures extending from the backshore seaward across the beach.

“Gross area” means the total area included within the boundaries of any parcel including land area up to the centerline of any abutting public road right-of-way.

“Group home” means a residential occupancy that exceeds the definition of “family” in a single-family residence.

“Group housing” means a residential dwelling that exceeds the definition of a single-family residence and which is not a multifamily dwelling.

“Growth Management Act (GMA)” means the State of Washington Growth Management Act, 1990 Laws, First Ex. Session, Ch. 17, as amended. (Ord. 26-2012 § 7; Ord. 10-2012 §§ 6, 32; Ord. 7-2006 § 4; Ord. 21-2002 § 3; Ord. 12-2002 § 3; Ord. 5-2002 § 2; Ord. 2-1998 Exh. B § 2.3)

18.20.080 “H” definitions.

“Habitat” means the place or type of site where a plant or animal naturally or normally lives and grows.

“Hamlet” means an activity center with high-density residential areas and a small commercial center that provides goods and services to surrounding rural residential, rural, and resource uses.

“Hangars” means covered areas and enclosed structures for housing and/or repairing aircraft.

“Hard structural shoreline stabilization measures” means shore erosion control structures and measures composed of hard surfaces, arranged with primarily linear and vertical or near-vertical faces that armor the shoreline and prevent erosion. These measures include bulkheads, rip-rap, groins, retaining walls and similar structures composed of materials such as boulders, gabions, dimensional lumber, and concrete.

“Hazard tree” means a tree that a certified arborist has determined has: (1) a high probability of falling due to a debilitating disease or a structural defect; and (2) potential for significant property damage or personal injury if it falls.

“Heavy equipment rental” means a site for the storage and retrieval of large pieces of machinery or large vehicles usually associated with construction available for the public’s use, which may include additional and complementary retail activities.

“Heavy industrial use” means a use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials; a use engaged in storage of or manufacturing processes using flammable, hazardous or explosive materials.

“Height” means the vertical distance measured from the average existing grade beneath a structure or object along a plumb line to the highest point of a structure or object.

“Height of building” means the vertical distance above a reference datum measured to the highest point of the coping of a flat roof, to the deck line of a mansard roof, or to the average height of the highest gable of a pitched or hip roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building:

1. The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than 10 feet above lowest grade; or

2. An elevation 10 feet higher than the lowest grade when the sidewalk or ground surface described in subsection (1) of this definition is more than 10 feet above lowest grade.

The height of a stepped or terraced building is the maximum height of any segment of the building.

“Height, shoreline” means the height of shoreline structures, measured from average grade level to the highest point of a structure; provided, that television antennas, chimneys, and similar appurtenances are not used in calculating height, except where they obstruct the view of the shoreline of a substantial number of residences on areas adjoining such shorelines, excluding temporary construction equipment (WAC 173-27-030).

“Helipads” means areas for the landing and take-off of rotary-wing aircraft, but not adequate for fixed-wing aircraft.

“Herbaceous balds and bluffs” means native plant areas located on shallow soils over bedrock, often on steep, exposed slopes with few trees, which support grasses, herbaceous plants, dwarf shrubs, brittle prickly pear cactus, mosses and lichens adapted for survival on shallow soils amid seasonally dry conditions. Trees that may be present include Douglas fir, Pacific madrone, and Garry oak.

“Herbaceous vegetation” means nonwoody vascular plants.

“Historic camps” means, for the purposes of determining allowable uses, nonprofit recreational and educational camping facilities owned by a nonprofit entity and in continuous operation since October 2, 1979.

“Historic educational and scientific facilities” means, for the purposes of determining allowable uses, educational and scientific facilities in continuous operation since October 2, 1979.

“Historic resort” means, for the purposes of determining allowable uses, a resort established prior to and in continuous operation since October 2, 1979.

“Historic site, structure or landmark” means a site, structure or building of outstanding archaeological, historical or cultural significance. This is shown by its designation as such by the National or Washington State Register of Historic Places or an adopted San Juan County Historic Preservation Plan, designation as a historic landmark, or any such structure or feature for which the State Historic Preservation Officer has made a determination of significance pursuant to Section 106 of the National Historic Preservation Act.

“Home occupation” means any commercial activity carried out by a resident of a single-family residence and conducted as an incidental and accessory use of the residence.

“Horizontal surface” means the FAA imaginary surface that is the lower boundary of a horizontal airspace that is located above the airport and forms an elongated oval above the runway.

“Hospitality commercial use” means restaurants and vacation rental establishments and associated guest facilities available for short-term accommodation for a period not to exceed 30 days.

“Hostel” means a budget-oriented accommodation that is not located in a residence where beds are rented in shared dormitory style rooms and common areas and communal facilities are provided.

“Hotel” means a hospitality commercial use containing three or more individually rented lodging units (in one or more buildings), which provides sleeping accommodations, with or without meals or the facilities for preparing meals, for travelers and transient guests, and which does not meet the definitions of “bed and breakfast inn,” “bed and breakfast residence,” or “vacation rentals of a residence or an ADU.”

“Household” means one or more related or unrelated persons occupying a dwelling unit.

“Hydric soil” means soil that is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part, as determined by following the methods described in the currently accepted Federal Manual for Identifying and Delineating Jurisdictional Wetlands. San Juan County soil map units that are dominantly comprised of hydric soils as identified in the Soil Survey of San Juan County, Washington (USDA, 2009), are: Coveland loam, zero to five percent slopes; Coupeville loam, zero to five percent slopes; Limepoint-Sholander complex, zero to eight percent slopes; Shalcar muck, zero to two percent slopes; Semiahmoo muck, zero to two percent slopes; Coveland-Mitchellbay complex, two to 15 percent slopes; Bazal-Mitchellbay complex, zero to five percent slopes; Orcas peat, zero to two percent slopes; and Dugualla muck, zero to two percent slopes. Other soils not classified as hydric by the Soil Conservation Service may still meet the hydric soil criteria.

“Hydrophytic vegetation” means macrophytic plant life growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content, as determined by following the methods described in the currently accepted Federal Manual for Identifying and Delineating Jurisdictional Wetlands. (Ord. 11-2019 § 5; Ord. 1-2016 § 71; Ord. 21-2015 § 30; Ord. 26-2012 § 8; Ord. 10-2012 § 7; Ord. 21-2002 § 3; Ord. 5-2002 § 2; Ord. 12-2001 § 3; Ord. 2-1998 Exh. B § 2.3)

18.20.090 “I” definitions.

“Illegal use” means any use of land or a structure which is inconsistent with current codes or was inconsistent with previous codes in effect when the use or structure was established. An illegal use is different than a “nonconforming use.”

“Impervious surface” means a surface that creates a barrier to the entry of water into the soil in comparison with natural conditions prior to development, or that causes water to run off the surface in greater quantities or at an increased rate of flow in comparison with the flow prior to development.

“Improvements” means structures, roads, and other developments of land.

“Incidental” means subordinate to, minor in significance, and bearing a reasonable relationship with the primary use.

“Individual water system” means a water system serving a single-family residence and no more than one accessory dwelling unit, or meeting the definition in WAC 246-290-010 for “same farm” (per SJCC 8.06.070).

“Indoor entertainment facilities” means structures which cater to indoor leisure-time activities.

“Indoor recreational facilities” means places designed and equipped for the conduct of sports and leisure-time activities, including but not limited to physical fitness clubs, bowling alleys, and handball courts.

“Industrial development” means facilities for the processing, manufacture, or storage of finished or partially finished goods.

“Industrial wastewater” means industrial wastewater as defined in WAC 246-272A-0010.

“Infrastructure” means existing installed facilities and services including capital facilities such as water supply, sewage disposal, and storm drainage systems, and transportation facilities such as public roads.

“Institutional facilities or development” means structures and related activity areas used by organizations providing educational, social, or noncommercial recreational services to the community, including performance halls, government service offices, facilities for assembly, colleges, primary and secondary schools, museums, and libraries.

“Instream resources” means features, properties, or other beneficial assets which exist within a stream corridor, such as fish and wildlife habitat, recreation, and scenic beauty.

“Intensive” means highly concentrated, very large, or considerable, in terms of San Juan County standards and environment.

“Internal accessory dwelling unit (IADU)” means an ADU that is part of the principal residence and provides for egress and ingress between the IADU and principal residence, or that shares a common wall with the principal residence, but has separate egress and ingress.

“Invasive plant” means any species listed as a noxious weed (any class) by the Washington State Noxious Weed Control Board, or the listed “unregulated weeds of special concern in San Juan County” in the current version of the San Juan County Noxious Weed List.

“Island center” means an activity center characterized by existing general commercial or general industrial uses that may also include some rural commercial and rural industrial uses. (Ord. 2-2014 § 3; Ord. 26-2012 § 9; Ord. 52-2008 § 5; Ord. 7-2006 § 5; Ord. 21-2002 § 3; Ord. 2-1998 Exh. B § 2.3)

18.20.100 “J” definitions.

“Jetty” means structures designed to modify or control sand movement.

“Joint use wireless facility” or “JUWF” means a facility and related equipment, with a primary purpose to provide wireless communication services in support of necessary public services (such as electrical transmission, utility distribution, telephone, cable television), and communication facilities for public emergency service providers (such as fire, sheriff or EMS). Joint use wireless facilities may also be used for another purpose such as high-speed Internet (broadband) such as WiMax service or personal wireless service providers for cellular personal communication service including 911 service, as long as such joint use does not impair the primary mission of the provision of necessary public services. Category “A” joint use wireless facility installations are those located in utility easements existing on the effective date of the ordinance codified in this section, and public rights-of-way. All other joint use wireless facilities shall be Category “B” joint use wireless facilities. Examples of joint use wireless facilities include but are not limited to OPALCO telemetry and SmartGrid support systems, and the communication needs of first responder/emergency services including EMS, fire, sheriff and OPALCO.

“Junk yard or salvage facility” means a primary or accessory use of structures or land for storage, recycling, dismantling or selling of cast-off, unused, scrap, or salvage material of any sort. (Ord. 10-2012 § 8; Ord. 2-1998 Exh. B § 2.3)

18.20.110 “K” definitions.

“Kelp” means all brown algae of the order Laminariales, generally consisting of a holdfast, a stipe and a float.

“Kitchen” means a room used for cooking or preparing food. (Ord. 26-2012 § 10; Ord. 2-1998 Exh. B § 2.3)

18.20.120 “L” definitions.

Land Division. See “division of land.”

“Landslide hazard areas” means areas potentially subject to risk of mass movement due to a combination of geologic, topographic, and hydrologic factors.

“Landward” means to or toward the land.

“Level of service (LOS)” means the number of units of capacity per unit of demand (e.g., trips, population, school-age residents) or other appropriate measure of need sufficient to meet the standards for adequate service set forth in the Comprehensive Plan. (See also “adequate capacity,” “available capacity,” and “concurrency.”)

“Licensed carrier” means a carrier authorized by the FCC.

“Light industrial” means a use involving (1) basic processing and manufacturing of materials or products predominantly from previously prepared materials; or (2) finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding basic processing of raw materials except food products.

“Limited area of more intensive rural development (LAMIRD)” means a class of rural lands that includes village and hamlet activity centers, residential activity centers, and island centers. LAMIRDs were identified and delineated according to the criteria in RCW 36.70A.070(5)(d). They consist of commercial, industrial, residential, or mixed-use areas in which the kinds, intensities, or densities of use, or the capital facilities and services available, exceed the levels normally associated with rural development. Thus, these areas recognize and provide for existing compact rural development and uses, and allow for infill in the areas to the level of existing patterns.

“Littoral drift” means the natural movement of sediment, particularly sand and gravel, along marine or lake shorelines as a result of wave and wind action.

“Live aboard vessel” means a vessel currently registered with federal, state and local agencies that is used primarily as a place of residence. A live aboard vessel has a seaworthy hull design that meets the U.S. Coast Guard standards for flotation, safety equipment, fuel, and fuel, and electrical and ventilation systems. It is capable of travel in open waters and waterborne movement in general. It has permanent equipment for water travel, including a method for steering and propulsion, deck fittings, navigational equipment, and marine hardware.

“Livestock” means cattle, bison, sheep, goats, swine, horses, mules, llamas, ostriches and other poultry, and other like animals.

“Live-work building” means a building which contains both commercial uses and a dwelling unit(s).

“Living area” means the internal space measured from the interior of the exterior walls, excluding decks, overhangs, unenclosed porches or unheated enclosed porches, and the stairwell on one level of a two-story structure.

“Log storage or transfer site” means any location established for the purpose of storing logs or holding logs for transfer to another location. (See also “barge landing site.”)

“Logging” means the harvesting of timber.

“Long-term commercial significance” means lands with the growing capacity, productivity, soil composition, and economic viability for long-term agricultural or silvicultural production.

Lot. See “parcel.”

“Lot coverage” means the surface area of a lot or lots within a single development which is occupied by buildings, excluding roof overhangs and covered porches not used for sales, storage, or service.

“Lumber mill, portable” means portable equipment to mill, split, or otherwise process forest products.

“Lumber mill, stationary” means a permanently located facility or equipment used to process forest products. (Ord. 11-2019 § 6; Ord. 11-2017 § 29; Ord. 1-2016 § 72; Ord. 26-2012 § 11; Ord. 10-2012 §§ 9, 32; Ord. 11-2011 § 2; Ord. 7-2005 § 2; Ord. 12-2001 § 3; Ord. 2-1998 Exh. B § 2.3)

18.20.130 “M” definitions.

“Maintenance agreement” means a written agreement between parties to physically maintain a facility for common use in a manner which conforms to standards of adequacy specified in such an agreement.

Maintenance and Repair, Normal.

1. “Normal maintenance” includes those acts to prevent a decline, lapse, or cessation from a lawfully established condition.

2. “Normal repair” means to restore a development to a state comparable to its original condition within a reasonable period after decay or partial destruction.

Normal maintenance and repair do not include maintenance and repair that cause substantial adverse effects to shoreline resources or environment (WAC 173-27-040).

“Manufacturing” means the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as lubricating oils, plastics, resins, or liquors.

“Marina” means a facility that provides wet moorage or dry storage, supplies, and services for pleasure craft and some types of commercial craft. Boat-launching facilities may also be provided at a marina.

“Marine railway” means a set of rails running from the upland area into the water upon which a boat can be launched.

“Market value” means value of land or structures as assessed by the San Juan County assessor’s office.

“Marsh” means a soft, wet area periodically or continuously flooded to a shallow depth, usually characterized by a particular subclass (monocotyledons) of grasses, cattails, and other low plants.

“Master planned resort” means a self-contained and fully integrated planned unit development in a setting of significant natural amenities, with primary focus on destination resort facilities consisting of short-term visitor accommodations associated with a range of on-site indoor or outdoor recreational facilities.

“Material change” means a measurable change that has significance for existing or proposed development or for the existing environment.

“Mean higher high water” or “MHHW” means the tidal elevation obtained by averaging each day’s highest tide at a particular location over a period of 19 years. It is measured from the MLLW equals 0.0 tidal elevation.

“Mean lower low water” or “MLLW” means the 0.0 tidal flat elevation. It is determined by averaging each day’s lowest tide at a particular location over a period of 19 years. It is the tidal datum for vertical tidal references in the saltwater area.

“Midden” means an area of ancestral human use that consists of an ancient refuse heap.

“Mine hazard” means an area of potential danger to persons or property due to past or present mineral extraction operations.

“Mineral extraction” means the removal of naturally occurring materials from the earth for economic use. Extraction materials include nonmetallic minerals such as sand, gravel, clay, coal, and various types of stone.

“Mineral resource lands” means those lands from which the commercial extraction of minerals (sand, gravel, rock, and other valuable aggregate or metallic substances) can be anticipated to have long-term commercial significance.

“Mini-storage” means a structure or structures containing separate, individual, and private storage spaces of varying sizes leased or rented individually for varying periods of time.

“Mitigation” means measures prescribed and implemented to avoid, minimize, lessen, or compensate for adverse impacts.

“Mixed-use development” means a development with one or more mixed-use structures.

“Mixed-use structure” means a building containing residential and nonresidential uses.

“Mobile food vending unit” means a portable food or drink service vehicle.

“Mobile home” means a structure that is (1) designed to be transportable in one or more sections; (2) built on a permanent chassis; (3) designed to be used as a dwelling unit, with or without permanent foundation; and (4) connected to the required utilities, including plumbing, heating, septic, and electrical systems (RCW 43.22.340).

“Mobile home park” means a development with two or more improved pads or spaces with required improvements and utilities designed to accommodate mobile homes, according to RCW 59.20.030(4).

“Monopole” means the type of antenna mount that is self-supporting with a single shaft, typically of wood, steel or concrete, and is self-supporting without guy wires.

“Moorage” means any over-water facility for securing boats, including docks, piers, and mooring buoys, but excluding anchorage and dry boat storage.

“Mooring buoy” means a buoy used for vessel moorage that meets federal and state standards, is located waterward of the OHWM, and is permanently anchored to the sea or lake bed.

“Mooring float” means a standalone float used for vessel moorage that meets federal and state standards, is located waterward of the OHWM, and is permanently secured to the sea or lake bed.

Motel. See “hotel.”

“Motor home” means a motor vehicle originally designed, reconstructed, or permanently altered to provide facilities for human habitation, which include lodging, cooking, and sewage disposal, and enclosed within a solid body shell with the vehicle, but excluding a camper or similar unit constructed separately and affixed to a motor vehicle (RCW 46.04.305). (Ord. 11-2019 § 7; Ord. 1-2016 § 73; Ord. 26-2012 § 12; Ord. 10-2012 §§ 10, 32; Ord. 7-2005 § 2; Ord. 12-2001 § 3; Ord. 2-1998 Exh. B § 2.3)

18.20.140 “N” Definitions.

“National Register of Historic Places” means the official federal list, established by the National Historic Preservation Act, of sites, districts, buildings, structures and objects significant in the nation’s history and prehistory, or whose artistic or architectural value is unique.

“Native vegetation” means plant species which are indigenous to San Juan County.

“Natural designation” means the land use designation of the Comprehensive Plan that is designed to preserve unusual or valuable natural resource systems by the regulation of all activities or uses which might degrade or alter the natural characteristics which make these areas unusual or valuable.

“Natural designation (shoreline)” means the Shoreline Master Program designation designed to preserve unusual or valuable natural resource systems by regulating all potential uses which might degrade or alter the natural characteristics that make the area unusual or valuable.

“Natural or existing topography” means the topography of the lot, parcel, or tract of real property immediately prior to any site preparation or grading, including excavation or filling.

“Natural system (shoreline)” means a group of related objects or forces existing in nature: for example, a shore process corridor.

“Net use area” means the area used to calculate the required number of parking spaces for developments in Eastsound as specified in Table 22. Net use area is the gross floor area excluding the following:

1. Circulation areas such as entries and weather vestibules, lobbies, hallways and corridors, stairways, elevators and similar areas which do not have customer/patron uses other than for circulation of people; and

2. Mechanical, custodial and storage areas such as mechanical rooms and chases/shafts, electrical/utility rooms and vaults, toilets, custodial rooms, and areas used solely for storage.

“No net loss” means the requirement that development and vegetation removal not result in net harm in the aggregate to the existing functions and values of the ecosystem that includes the adversely impacted or lost critical areas. The no net loss standard in WAC 365-196-830 requires that where development regulations allow harm to critical area functions and values, they must require compensatory mitigation of the harm unless alternative means of protecting critical areas exist such as best management practices or a combination of regulatory and nonregulatory programs.

“Noise” means any sound not occurring in the natural environment which causes or tends to cause an adverse psychological or physiological effect on humans.

“Noise exposure forecast level” means the level of predicted noise exposure for areas within the vicinity of an airport due to aircraft operations at some future date based on noise levels and duration at the time of prediction.

“Noncapital alternative strategies” means programs, strategies, or methods that contribute to achieving and maintaining adequate levels of service (as set forth in the Comprehensive Plan) for concurrency facilities by means other than by constructing structural improvements. These strategies include but are not limited to reduction of need or demand for a facility or service (as by education efforts or increased efficiency of use), provision of a noncapital substitute, and use of alternative methods to provide capacity. (See also “adequate capacity (adequate capital facilities),” “available capital facilities (available capacity),” “concurrency,” and “level of service (LOS).”)

 

“Nonconforming” means an existing use, structure, site, or lot that conformed to the applicable codes in effect on the date of its creation but that no longer complies because of changes in code requirements. Nonconformity is different than and not to be confused with illegality (see “illegal use”). Legal nonconforming lots, structures, and uses are commonly referred to as “grandfathered.”

“Nonconforming lot” means an existing lot that does not conform to the area, width, depth, or street frontage regulations of the land use designation where it is located.

“Nonconforming structure” means an existing structure that does not conform to the dimensional regulations, such as setback, height, lot coverage, density, and building configuration regulations of the land use designation where it is located due to changes in code requirements. (See also “alteration, nonconforming structures.”)

“Nonconforming use” means an existing use of a structure or of land that does not conform to the regulations of the land use designation where the use exists due to changes in code requirements. (See also “alteration, nonconforming use.”)

“Nonpoint-source” means the release of waste or other flows which occurs over a broad or undefined area. Releases which can be described as confined to a small area, such as discharges from a pipe or conduit, are referred to as “point-source discharges.” (See also “point-source discharge.”)

“Normal residential appurtenance, shoreline” means a structure or development that is necessarily connected to the use and enjoyment of a single-family residence and which is expressly defined in WAC 173-27-040 and in Chapter 18.50 SJCC, for purposes of exemption from shoreline substantial development permit requirements in accordance with WAC 173-27-040(g). Structures and activities considered normal residential appurtenances include accessory dwelling units or other detached residential structures, garages, sheds, decks attached to primary structures, private pedestrian pathways, stairways to access shorelines, ramps, patios, fences, driveways, utilities, on-site sewage disposal systems, antennas, solar arrays, wind power generators serving a single structure, satellite dishes, boat houses landward of the primary residential structure served by marine railways that require a substantial development permit, official registered historic structures, and grading which does not exceed 250 cubic yards and which does not involve placement of fill in any wetland or waterward of the OHWM.

“Nursery” means lands or greenhouses used to raise flowers, shrubs, and plants for commercial purposes.

“Nursing home (long-term health care facility)” means a facility or residence that provides health or long-term care services to residents, including nursing or other supportive or restorative health services, on a 24-hour basis (RCW 43.190.020). (Ord. 1-2016 § 74; Ord. 21-2015 § 31; Ord. 2-2014 § 4; Ord. 26-2012 § 13; Ord. 25-2012 § 3; Ord. 10-2012 § 11; Ord. 2-1998 Exh. B § 2.3)

18.20.150 “O” definitions.

“Off-site compensation” means:

1. Replacement of a wetland on a site different from the site on which a wetland has been or will be impacted by a regulated activity; or

2. As a consequence of and in compensation for unavoidable adverse impact to wetlands, the protection of similar but unprotected wetlands in another location.

“Off-street parking” means an area of land located outside of any public right-of-way or private roadway and used for vehicular parking.

“Office” means a commercial use which provides business, professional, or personal services to customers.

“Official maps” means the maps identified in the San Juan County Comprehensive Plan as the “official maps.” (See SJCC 18.10.040(B).) These maps show the applicable land use designation(s) and maximum allowable density for all property in the County.

“On-site compensation” means replacement of a wetland at or adjacent to the site on which a wetland has been impacted by a regulated activity.

“On-site waste disposal” means any one of several means for disposal of sanitary waste on the property from which it is generated (e.g., septic tank and drainfield).

“Open-record hearing” means a hearing, conducted by a single hearing body or officer authorized by San Juan County to conduct such hearings, that creates the County’s record through testimony and submittal of evidence and information, under procedures prescribed by ordinance or resolution. An open-record hearing may be held prior to the County’s decision on a project permit to be known as an “open-record predecision hearing.” An open-record hearing may held on an appeal, to be known as an “open-record appeal hearing,” if no open-record predecision hearing has been held on the project permit (RCW 36.70B.020(3)).

“Open space” means lands committed to farming and forestry uses and any parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment.

“Open space,” in Eastsound development standards, means the surface area of a lot or lots within a single development which is in natural vegetation or landscaped, including paving for pedestrian use but excluding buildings, parking areas and driveways.

“Open space resources” means those significant landscape characteristics identified in the Open Space and Conservation Plan and the open space taxation program as wetlands; wildlife habitats; pastoral landscapes; water; shoreline and mountain views; prominent geographic features; areas of diverse natural landscape elements and edges between elements; and unique features.

“Open space resources of high conservation priority” means significant open space resources identified in the Open Space and Conservation Plan and ranked for conservation priority based on their natural, cultural, and visual qualities and their sensitivity and vulnerability to change.

“Operator” means any person who is in actual physical or electronic control of a powered watercraft, motor vehicle, aircraft, off highway vehicle, or any other engine driven vehicle.

“Ordinary high water mark (OHWM)” means that mark on all lakes, streams, and tidal water that will be found by examining the beds and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from abutting upland, in respect to vegetation, as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by a local government or the Department of Ecology; provided, that in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be the line of mean higher high tide and the ordinary high water mark adjoining fresh water shall be the line of mean high water (RCW 90.58.030).

“Out-of-kind compensation, wetland” means to replace a wetland with a substitute wetland whose characteristics do not closely approximate those to be lost or degraded by a regulated activity. (See “off-site compensation” and “on-site compensation.”)

Outdoor Recreational Facility. See “Recreational development.”

Outdoor Shooting Range. See “Shooting range.”

“Outdoor storage” means the storage of goods and materials out-of-doors for periods exceeding 48 hours. (See also “storage yard.”)

“Overburden” means material overlying a deposit of useful geological materials.

“Overlay district” means a district that provides policies and regulations in addition to those of other sections in this code for certain land areas and for uses which warrant specific recognition and management. Except as otherwise provided in SJCC 18.35.005 through 18.35.150, the provisions of an overlay district shall prevail over any conflicting provisions of this code for the duration of the overlay district, subject to RCW Title 36.

“Owner” means an individual, firm, trust, association, syndicate, partnership, or corporation having sufficient property interest to seek development of land.

“Owner-occupied” means the residential occupancy of a building or property by the owner. (Ord. 21-2015 § 32; Ord. 7-2005 § 2; Ord. 2-1998 Exh. B § 2.3)

18.20.160 “P” definitions.

“Parcel” means a lot or plot of land proposed or created in accordance with this code or prior subdivision ordinance and state law and intended as a unit for the purpose, whether immediate or future, of transfer of ownership. The external boundaries existing as of October 2, 1979, are used to establish what is a parcel for the purposes of this code. For parcels which have not been conveyed since that date, the legal description used in the conveyance closest to that date controls. The term “parcel” is synonymous with the terms “lot” and “tract.”

“Park” means a tract of land that is specifically designated as a “park” and is used by the public for recreation.

“Parking area” means a space where vehicles are left temporarily such as a road end. These areas are typically noncommercial and unpaved areas that may be in the County right-of-way and may provide visual or physical access to the shoreline.

“Parking lot” means an off-street, ground level open area, usually improved, for the temporary storage of motor vehicles.

“Parking structure” means a building or structure consisting of more than one level and used to store motor vehicles. Underground parking is considered a parking structure.

“Party of record” means all persons, agencies, or organizations who have submitted written comments or notified San Juan County of their desire to receive a copy of the final decision on a permit (WAC 173-27-030).

“Peak demand” means the highest demand associated with a particular interval, such as peak day or peak hour.

“Performance standard” means a set of criteria or limits relating to certain characteristics that a particular use or process may not exceed.

“Permanent moorage facility” means a facility which provides wet moorage or dry storage for pleasure craft or commercial craft for a fee for periods of six months or more.

“Permanently affordable housing” means affordable housing, the affordability of which is assured for at least 99 years.

Permit Center. See “department.”

“Permit review” means the process of reviewing applications for project permits for consistency with the requirements of this code.

“Permittee” means the entity to whom a permit is granted.

“Person” means any individual, owner, contractor, tenant, partnership, corporation, association, organization, cooperative, public or municipal corporation, agency of a state or local governmental unit however designated, public or private institution, or an employee or agent of any of the foregoing entities.

“Personal and professional services” means, for the purposes of this code, establishments primarily engaged in providing assistance, as opposed to products, to individuals, business, industry, government, and other enterprises, not listed specifically in this code as a distinct use for regulatory purposes, such as laundry and dry cleaning services; barber shops and beauty salons; legal, engineering, architectural, design and accounting services; and the like.

“Personal wireless service facility or PWSF” means a facility for the provision of personal wireless services, as defined by and includes the property lease area and all towers, antennas, mounts, transmission cables, equipment shelters or cabinets, and any other installations for the operation of a personal wireless facility. Amateur radio towers and antennas are not PWSFs and are exempt from height requirements in accordance with SJCC 18.60.050.

“Personal wireless services” means any Federal Communications Commission (FCC) licensed commercial wireless telecommunications service defined in Section 704 of the Federal Telecommunications Act of 1996, including cellular, personal communications services (PCS), commercial mobile radio services, unlicensed wireless services, and common carrier wireless exchange access services. “Personal wireless services” does not include the operation of amateur radio.

“Pervious surface” means a surface that absorbs water.

“Pier” means a structure that abuts the shoreline and is generally used as a landing or moorage place for commercial and pleasure craft. A pier is a fixed platform above the water.

“Planned unit development” means a development characterized by a unified site design, clustered residential units or commercial units, and areas of common open space.

“Planning department,” “permit center,” and “building department” all mean the San Juan County community development and planning department.

Planning Director. See “director.”

“Plat” means a map or representation of a subdivision or short subdivision of land showing the division of a parcel of land into lots, roads, dedications, common areas, restrictions and easements, as regulated by Chapter 58.17 RCW and this code.

Plat Alteration. See “subdivision, alteration of.”

Plat, Long. See “subdivision (long).”

Plat, Short. See “subdivision, short.”

Plat Vacation. See “subdivision, vacation of.”

“Playing field” means a land area designed and used for outdoor games, such as baseball, football, soccer, track events and tennis. It includes public outdoor swimming pools.

“Pocket beach” means a Class II or Class III beach which does not depend on littoral drift accretion. It depends on the erosion of immediately adjacent sources.

“Point” means a low profile shoreline promontory of more or less triangular shape, the tip of which extends seaward.

“Point-of-use demand management” means a set of policies, procedures, and facilities that provide for the maximum efficiency where they are actually used, as distinguished from efficiency practices in supply, transmission, and distribution systems.

“Point-source discharge” means the release of waste or other flows which can be described as confined to a small area, such as discharges from a pipe or conduit. Releases occurring over a broad or undefined area are referred to as “nonpoint sources.” (See also “nonpoint source.”)

“Ports and water-related port facilities” means shoreline modifications such as breakwaters, jetties, groins and over-water structures that are located within the jurisdiction of a port district.

“Ports, marinas, and marine transportation designation” means the Shoreline Master Program designation intended to protect, maintain, and enhance port, marina and marine transportation uses and areas within the County’s shoreline. This designation is characterized by infrastructure for launching, docking, mooring, maintaining, repairing, and storing a variety of marine craft.

“Potential critical aquifer recharge areas” means areas identified as significant due to their potential value in supplying groundwater and vulnerability to contamination. They are identified based upon the relative ability of the soil to accept water and allow it to flow to become groundwater.

“Predecision hearing, open-record” means a hearing, conducted by the hearing examiner, that creates the County’s record through testimony and submittal of evidence and information, under procedures prescribed by the County by ordinance or resolution (RCW 36.70B.020).1

“Preliminary plat” means a neat and approximate drawing of a proposed subdivision or short subdivision showing the general layout of streets and alleys, lots, blocks, and other elements of a subdivision consistent with the requirements of this code and Chapter 58.17 RCW.

“Primary association” in the context of critical area regulations refers to those areas that provide fish and wildlife habitat, including physical and biological features, that are necessary for a species to survive over the long term. Examples include areas that are necessary for essential life cycle functions including areas used for feeding, nesting, breeding, and rearing.

“Primary surface” means the FAA imaginary surface that is longitudinally centered on and encloses an aircraft runway.

“Primary use” means the principal use of a property.

“Project permit” refers to a land use permit or license required from San Juan County for a project, such as land divisions, boundary line modifications, binding site plans, planned unit developments, conditional use permits, variances, shoreline substantial development permits (shoreline conditional use permits, shoreline variances), provisional use permits and temporary use permits. Concurrency findings, determinations of completeness, and other such administrative approvals are reviewed as part of the underlying project permit and are not project permits. SEPA threshold determinations are not project permits. Building, driveway, and other construction-type development permits and approvals are not project permits for this UDC (RCW 36.70B.020(4) and 36.70B.140). (See “development permit.”)

“Proprietor-occupied” means the residential occupancy by the owner of a building or property.

“Provision” means any written language contained in this code, including without limitation any definition, policy, goal, regulation, requirement, standard, authorization, or prohibition.

“Public access areas” means ways or means of approach to provide the general public with a physical entrance to a property.

“Public facilities” means facilities which serve the general public including streets, roads, ferries, sidewalks, street and road lighting systems, traffic signals, community water systems, community sewage treatment systems, storm sewer systems, parks and recreational facilities, and public schools.

“Public schools” means a building (and grounds) or part thereof designed, constructed, or used for publicly operated education or instruction.

“Public services” means services available to and used by the general public. They may be, but are not necessarily, provided by a public agency for fire protection and suppression, law enforcement, public health, education, recreation, environmental protection, and other governmental services (RCW 36.70A.030(13)). Some public services are essential public facilities.

“Public transportation systems” means public facilities for air, water, or land transportation. (Ord. 1-2016 § 75; Ord. 26-2012 § 14; Ord. 10-2012 §§ 12, 32; Ord. 52-2008 § 6; Ord. 7-2005 § 2; Ord. 12-2002 § 4; Ord. 5-2002 § 2; Ord. 12-2001 § 3; Ord. 11-2000 § 3; Ord. 2-1998 Exh. B § 2.3)

18.20.170 “Q” definitions.

“Qualified professional” means a person with training and experience in the pertinent scientific discipline. With regard to critical areas, it means a person who is a qualified scientific expert in accordance with WAC 365-195-905. A qualified professional must be licensed and/or certified where such licensing or certification are required. When certification is not required the professional must have: (1) obtained a B.S., B.A., or equivalent degree in biology, engineering, environmental studies, fisheries, geomorphology, or related field, and (2) have at least five years of related work experience.

1. Wetlands. A qualified wetlands professional is a person who has an understanding of hydrology and advanced skills in plant identification and soils classification, has been trained in the procedures of the 1987 (federal) Wetland Delineation Manual and its updated Regional Supplement, has used those procedures to delineate a wetland, and has obtained wetland permits or worked for a qualified professional who has obtained wetland permits from the Washington State Department of Ecology or the U.S. Army Corps of Engineers within the last seven years, and has the qualifications to conduct wetland studies and make recommendations for wetland mitigation. These qualifications include specialization in wetland soils, botany, or hydrology, with appropriate education and experience.

2. Fish and Wildlife Habitat Conservation Areas. A qualified professional for habitat must have a degree in biology or a related degree and professional experience related to the subject species.

3. Geologically Hazardous Areas. A qualified professional for a geological hazard is: (a) a geotechnical engineer, qualified civil engineer, or certified engineering geologist; (b) with experience analyzing geologic, hydrologic, and groundwater flow systems and slope stability, seismicity, faulting and liquefaction; and (c) is licensed to practice in the state of Washington. When the proposed development or vegetation removal is located in an area subject to coastal geomorphological processes, the professional shall have demonstrated experience in evaluating and providing technical recommendations related to sediment and sediment transport, and effects on property and shoreline stability.

4. Critical Aquifer Recharge Areas. A qualified professional for critical aquifer recharge areas means a hydrogeologist, geologist, engineer, or other scientist with experience in preparing hydrogeological assessments. (Ord. 26-2012 § 15; Ord. 2-1998 Exh. B § 2.3)

18.20.180 “R” definitions.

“Radio-frequency (RF) engineer” means a person qualified by education, training, or experience to certify audio frequency measurements.

“RCW” means the Revised Code of Washington.

“Recording” means the filing of a document(s) for recordation with the County auditor.

“Recreational development” means parks and facilities for camping, indoor and outdoor sports, and similar developments.

“Recreational float” means a float used for recreational swimming and diving, not vessel moorage, that meets federal and state standards, is not connected to the land above the OHWM, and is permanently secured to the sea or lake bed.

“Recreational vehicle park” means a commercially developed tract of land in which two or more recreational vehicle sites are established as the principal use of the land.

“Recreational vehicle (RV)” means a vehicle designed primarily for recreational camping or travel use that has its own motive power or is mounted on or towed by another vehicle, including travel trailers, fifth-wheel trailers, folding camping trailers, truck campers, and motor homes (RCW 43.22.335).

“Recycling” means the process of segregating solid waste for sale, processing, and beneficial use. Materials which can be removed through recycling include but are not limited to newsprint, cardboard, aluminum, glass, plastics, and ferrous metal. Recycling does not include combustion of solid waste or preparation of a fuel from solid waste.

“Recycling center” means an area, with or without buildings, upon which used materials are separated and processed for shipment.

“Recycling collection or processing” means public drop-off of recyclables with sorting or processing on the site.

“Recycling collection point” means public drop-off and temporary storage of recyclables. Sorting and processing of recyclables occur off the site.

“Regular use,” for the purposes of SJCC 18.50.550(G), means a pattern of use that is intensive and sustained, including, but not limited to, daily commuter use.

“Related use” means a use in the Eastsound service light industrial and service park districts for retail purposes that is connected logically, causally or by shared characteristics to another allowable use.

“Religious assembly facility” means a facility designed and used primarily for ceremonies, rituals, and education pertaining to a particular system of spiritual beliefs.

“Residential activity center” means an area of more intensive rural development (AMIRD) characterized by existing residential areas that have existing development patterns at nonrural densities (see RCW 36.70A.070(5)(d)).

“Residential care facility” means a facility that provides care for at least five, but not more than 15, functionally disabled persons that is not licensed pursuant to Chapter 70.128 RCW.

“Residential development” means development of land with dwelling units for nontransient occupancy. For the purposes of this code, accessory dwelling units, garages, and other similar structures accessory to a dwelling unit are also considered residential development unless regulated otherwise by this code or subarea plans. (See also “dwelling unit” and “accessory dwelling unit (ADU).”)

“Resort” means a land area devoted to providing commercial recreational facilities and related lodgings, sales, and personal services primarily serving vacationers, which may or may not include residential uses. (See also “master planned resort.”)

“Resource lands” means agricultural, forest, and mineral lands that have long-term commercial significance.

“Resource-based activities” means activities related to the harvesting, processing, manufacture, storage, and sale of agricultural, forestry or mineral products, such as wineries, cideries, breweries, distilleries, nurseries, lumber mills, and gravel-processing plants.

“Restoration” means to return to an original or like condition.

“Restriction” means a limitation placed upon the use of parcel(s) of land.

“Revetment” means structures of materials such as stone or concrete built to protect a scarp, embankment, or shore structure against erosion by waves or currents.

“Right to farm provisions” means provisions intended to enhance and encourage agricultural operations by recognizing agricultural activities as essential rural activities that do not constitute a nuisance.

“Right to forestry provisions” means provisions intended to enhance and encourage sustainable forestry operations by recognizing forestry activities as essential rural activities that do not constitute a nuisance.

“Riprap” means a layer, facing, or protecting mound of stones placed to prevent erosion, scour, or sloughing of a structure or embankment.

“Road” means an improved and maintained public or private right-of-way which provides vehicular access to abutting properties, and which may also include provision for public utilities, pedestrian access, cut and fill slopes, and drainage.

“Road end” means:

1. A road closed at one end which may be designed for future road extensions; or

2. The point at which a public road meets the tidelands.

“Road, local access” means a road that functions solely to provide access to two or more properties.

“Road, major collector” means:

1. Roads designated as major collector roads in the transportation element of the Comprehensive Plan.

2. A road whose principal function is to collect and distribute traffic from minor collector and local access roads.

“Road, minor collector” means:

1. Roads designated as minor collector roads in the transportation element of the Comprehensive Plan.

2. A road whose principal function is to collect and distribute traffic from local access roads.

“Road, primary” means any existing or proposed road designated as an arterial or collector road in the transportation element of the Comprehensive Plan or so designated by the San Juan County engineer.

“Rockfall hazard areas” means slopes which are subject to rockfall, particularly those areas which have existing evidence of rockfalls, such as piles of talus at the base of cliffs, a lack of vegetation on a slope, or scarps.

“Runoff” means water that is not absorbed into the soil but rather flows along the ground surface following the topography.

“Runway” means the defined area at an airport, airfield, or airstrip indicated for landing and takeoff of aircraft along its length.

“Rural character” means a quality of the landscape dominated by pastoral, agricultural, forested, and natural areas interspersed with single-family homes and farm structures. Rural character refers to the patterns of land use and development established by the Comprehensive Plan:

1. In which open space, the natural landscape, and vegetation predominate over the built environment;

2. That foster traditional rural lifestyles, rural-based economies, and opportunities to both live and work in rural areas;

3. That provide visual landscapes that are traditionally found in rural areas and communities;

4. That are compatible with the use of the land by wildlife and for fish and wildlife habitat;

5. That reduce the inappropriate conversion of undeveloped land into sprawling, low-density development;

6. That generally do not require the extension of urban governmental services; and

7. That are consistent with the protection of natural surface water flows and groundwater and surface water recharge and discharge areas.

“Rural commercial designation” means the land use designation of the Comprehensive Plan designed to provide opportunities for some commercial uses to be located in rural areas.

“Rural commercial uses” means the use of land or the use or construction of structures or facilities involving the retail sale of goods or services which is either unsuitable for an activity center or is better suited to rural lands and that does not require urban governmental services.

“Rural farm-forest designation” means the land use designation of the Comprehensive Plan designed to protect rural, agriculture and timber areas from urban and suburban forms of development.

“Rural farm-forest shoreline designation” means the Shoreline Master Program designation that is designed to protect rural, agriculture, and timber areas from urban and suburban forms of development.

“Rural general use designation” means the land use designation of the Comprehensive Plan designed to provide flexibility for a variety of small-scale, low-impact uses to locate on rural lands.

“Rural governmental services” means those public services provided to rural areas at a scale consistent with the rural character of the area.

“Rural industrial designation” means the land use designation of the Comprehensive Plan designed to provide opportunities for some industrial uses to be located in rural areas.

“Rural industrial use” means the use of land or the use or construction of structures or facilities related to the processing, manufacture or storage of finished or partially finished goods which are either unsuitable for an activity center or are better suited to rural lands, and which do not require urban governmental services.

“Rural lands” means the class of land use designations which are intended to preserve the rural character of the islands. Rural land designations include the following: rural general use, rural farm-forest, rural residential, rural industrial, and rural commercial, together with the resource lands and special land use designations (conservancy and natural).

“Rural residential cluster” means a small cluster of residences and related structures that is intended to provide opportunities for affordable housing in rural areas, while remaining compatible with the rural, agricultural and natural character of rural lands and not requiring urban-level services.

“Rural residential designation” means the land use designation in the Comprehensive Plan designed to recognize existing residential development patterns of the rural landscape and provide for a variety of residential living opportunities at densities which maintain the primarily rural residential character of an area.

“Rural residential shoreline designation” means the Shoreline Master Program designation that is designed to protect and enhance existing medium density residential areas on the shoreline and provide for additional areas of this type.

“Rural shoreline designation” means the Shoreline Master Program designation that is designed to protect, maintain, and enhance the rural character of the County’s shoreline. The rural shoreline designation is intended to retain the pastoral, forested, and natural landscape qualities of the islands while providing protection from expansion of urban and suburban forms of land uses. (Ord. 1-2016 § 76; Ord. 21-2015 § 33; Ord. 26-2012 § 16; Ord. 25-2012 § 4; Ord. 10-2012 §§ 13, 32; Ord. 26-2002 § 2; Ord. 21-2002 § 3; Ord. 5-2002 § 2; Res. 64-2001; Ord. 11-2000 § 3; Ord. 10-2000; Ord. 2-1998 Exh. B § 2.3)

18.20.190 “S” definitions.

“Sale” means the transfer for consideration of legal or beneficial ownership.

“Salt water intrusion” means the underground flow of salt water into wells and aquifers.

“Screening” means a method of visually shielding or obscuring a structure or use from view by fencing, walls, trees, or densely planted vegetation.

“Seaward” means to or toward the sea.

“Secondary use” is secondary, or subordinate, to the primary use of the property (e.g., commercial, residential, utilities, etc.).

“Security barrier” means a locked, impenetrable wall or fence that completely seals an area from unauthorized entry or trespass.

“Sedimentation” means the process by which material is transported and deposited by water or wind.

“Seismic hazard areas” means areas subject to severe risk of damage as a result of earthquake-induced ground shaking, slope failure, settlement, or soil liquefaction.

“Septage” means the mixture of solid, semi-solid, and liquid wastes, scum, and sludge that is pumped from within septic tanks, pump chambers, holding tanks, and other septic system components.

“Service area” means an area identified by a public water system that includes existing and future service.

“Service range” means the area within eight driving miles measured from the property boundary on ferry-served islands and existing facilities on each non-ferry-served island.

“Setback” means the distance a structure is placed behind a specified line or topographic feature.

“Sewerage treatment facilities” means the management, storage, collection, transportation, treatment, utilization, and processing of sewage from a municipal or community sewage treatment plant, not including community drain fields.

“Shooting range” means a facility specifically designed and used for safe shooting practice with firearms and/or for archery practice, with individual or group firing positions for specific weaponry.

“Shore process corridor” means the land-water zone within which certain geological, biological, and hydraulic actions and interchanges critical to the integrity of the shoreline take place, for example, a feeder bluff-driftway-accretion shoreform system.

“Shorelands” means lands extending landward for 200 feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward 200 feet from such floodways; and all wetlands and river deltas associated with the streams, lakes, and tidal waters which are subject to the provisions of Chapter 90.58 RCW, the same to be designated as to location by the Department of Ecology.

“Shoreline access point” means a road end or other area that provides physical or visual access to the tidelands and waterfront to the public. Shoreline access points may include one or more of the following:

1. Signposts;

2. Benches and tables;

3. Parking areas;

4. Paths;

5. Public pedestrian trails;

6. Boat ramps without lifts;

7. Gates;

8. Staircases; or

9. Other shoreline access features.

“Shoreline development” means a use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; bulkheading; driving of piling; placing of obstructions; or any project of permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to Chapter 90.58 RCW at any stage of water level (RCW 90.58.030; WAC 173-27-030).

“Shoreline jurisdiction (shorelands or shoreland areas)” means the proper term describing all of the geographic areas covered by the Shoreline Management Act, related rules, and the applicable master program. Those lands extending landward for 200 feet in all directions, as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward 200 feet from such floodways; and all wetlands and river deltas associated with the streams, lakes, and tidal waters subject to the SMA (RCW 90.58.030).

“Shoreline modifications” means those human actions that modify the physical configuration or qualities of the shoreline area, usually through the construction of a physical element such as a dike, breakwater, pier, weir, dredged basin, fill, bulkhead, or other shoreline structure. They can include other actions, such as clearing, grading, or application of chemicals.

“Shoreline permit” means a substantial development, shoreline conditional use, or shoreline variance permit.

“Shoreline substantial development permit exemption” means certain developments that meet the precise terms of listed exemptions and are granted exemption from the requirements of the substantial development permit process of the Shoreline Management Act (SMA). An activity that is exempt from the substantial development provisions of the SMA must still be carried out in compliance with policies and standards of the Act and the Master Program (Element 3 of the Plan and Chapter 18.50 SJCC). Shoreline conditional use or variance permits may also still be required even though the activity does not need a substantial development permit (Cf. RCW 90.58.030(3)(e); WAC 173-27-030(7) and 173-27-040).

“Shorelines” means all of the water areas in the state, including reservoirs, and their associated shorelands, together with the lands underlying them, except:

1. Shorelines of statewide significance;

2. Shorelines on segments of streams upstream of a point where the mean annual flow is 20 cubic feet per second or less, and the wetlands associated with such upstream segments; and

3. Shorelines on lakes less than 20 acres in size and wetlands associated with such small lakes (RCW 90.58.030).

“Shorelines of statewide significance” means, in San Juan County, those areas of Puget Sound and the Strait of Juan de Fuca and adjacent salt waters north to the Canadian line and lying seaward from the line of extreme low tide (RCW 90.58.030).

“Sign” means any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. Excluded from this definition are signs required by law and the flags of national and state governments.

“Sign, commercial” means a sign that directs attention to a business or profession, to a commodity or service sold, offered, or manufactured, or to an entertainment offered on the premises where the sign is located.

“Sign, freestanding” means a sign not attached to a structure.

“Sign, off-site outdoor advertising” means an outdoor, off-site sign that calls attention to a business, activity, profession, commodity, product, service or entertainment constructed in the form of a freestanding “A” with no more than two faces, each no larger than six square feet.

“Sign, temporary” means a sign that will become obsolete after the occurrence of an event or series of discrete events such as for sale or lease signs, and garage sale signs that are consistent with the provisions for special event signs in SJCC 18.40.400.

“Simple land division” means a division of property meeting the criteria in SJCC 18.70.040.

“Single-family residence” means a dwelling unit designed for and occupied by no more than one family.

“Siting” means the method and form of placement of a use or development on a specific area of a subject property.

“Slaughterhouses, small-scale” means places where animals are butchered and:

1. There is a fee charged for the entire carcass to be returned to the animal owner; or

2. There is a group of residents who butcher their animals in a common area and there is no fee for slaughtering services.

“Small scale” means of a size or intensity which has minimal impacts on the surrounding area and which makes minimal demands on the existing infrastructure.

“Soft shoreline stabilization” means shore erosion control structures and measures that maintain or enhance ecological functions composed of primarily natural and semi-rigid or flexible materials, bioengineering tailored to site-specific natural conditions, and vegetation, organized in a nonlinear, sloping arrangement, that dissipates wave energy and minimize erosion in a way that is similar to natural shoreline processes.

“Soil test hole log” means the excavation and written record of soil septic suitability as per health department written guidelines and requirements.

“Solid waste” means all putrescible and nonputrescible solid and semi-solid wastes, except wastes identified in WAC 173-304-015, such as junk vehicles, garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities, but excluding agricultural wastes and crop residues returned to the soil at agronomic rates. This includes all liquid, solid and semi-solid materials which are not the primary products of public, private, industrial, commercial, mining and agricultural operations. Solid waste includes but is not limited to sludge from wastewater treatment plants and septage from septic tanks, wood waste, dangerous waste, and problem wastes. Unrecovered residues from recycling operations are considered solid waste.

“Solid waste disposal” means the act or process of disposing of rubbish and garbage.

“Solid waste transfer station” means a fixed, supplemental collection and transportation facility, used by persons and route collection vehicles to deposit collected solid waste from off site into a larger transfer vehicle for transport to a permanent disposal site. Solid waste transfer stations include recycling centers. (See “recycling center.”)

“Sound” means an oscillation in pressure, particle displacement, particle velocity, or other physical parameter in a medium with internal forces that causes compression and rarefaction of that medium, including any characteristics of sound, such as duration, intensity, and frequency.

“Source of contamination” means a facility or disposal or storage site for material that impairs the quality of groundwater to a degree that creates a potential hazard to the environment, public health, or interferes with a beneficial use.

“Special flood hazard” means land in the floodplain subject to a one percent or greater chance of flooding in any given year.

“Static level” means the stable equilibrium level of the water in a well which rises in the well column, without being influenced by pumping.

“Stocking level” means a quantitative measure of the area occupied by trees. Also referred to as stand density.

“Storage yard” means an outdoor area used for the storage of equipment, vehicles and materials.

“Stream” means a watercourse with a defined bed and banks, not including manmade ditches, canals, or other entirely artificial watercourses, except where they exist in a natural watercourse (see WAC 220-110-020). Streams are classified in WAC 222-16-030 and 222-16-031.

“Street frontage” means the length along a street which a structure, business, or lot abuts or fronts.

“Structure” means a permanent or temporary edifice or building or any piece of work artificially built up or composed of parts joined together in some definite manner, whether installed on, above, or below the surface of the ground or water, except for vessels (WAC 173-27-030).

“Subarea plan” means a detailed plan consistent with but more specific than this code or the Comprehensive Plan. It may be a detailed land use plan for a specific geographic area, or a functional long-range plan for a land use or resource issue of Countywide concern.

“Subdivision, alteration of” means the alteration of lots or changes in dedications or restrictions or easements shown on the face of a plat of a subdivision or short subdivision; except as provided by RCW 58.17.040(6) for boundary line adjustments.

“Subdivision (long)” means a division or redivision of land, normally into five or more parcels, but under special circumstances for subdivision into two or more parcels, as provided by this code and Chapter 58.17 RCW.

“Subdivision, short” means subdivision of land into no more than four parcels, as provided by this code and Chapter 58.17 RCW.

“Subdivision, vacation of” means the removal of lots, boundaries, roads, dedications, restrictions, or easements of a recorded subdivision or short subdivision.

“Substantial alteration” means any alteration, where the total cost of all alterations such as electrical, mechanical, plumbing, and structural changes for a building or facility within any 12-month period or single development permit application amounts to 50 percent or more of the value of the building or facility. In determining the current value of the building or facility, the assessor’s fair market value, or a current appraisal acceptable to the County, may be used.

“Substantial development” means any development of which the total cost, or fair market value, exceeds the dollar threshold established by the Washington State Office of Financial Management (RCW 90.58.030(3)(e)); except for the exemptions specified in WAC 173-27-040, Chapter 18.50 SJCC, or any development which materially interferes with the normal public use of the water or shorelines of the state.

“Substantial improvement” means any maintenance, repair, structural modification, addition or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either before the maintenance, repair, modification, or addition is started or before the damage occurred, if the structure had been damaged and is being restored.

“Substantial storage space” means a development in the service and light industrial and service park land use districts in which the ratio of covered and uncovered storage space to retail space is greater than two.

“Sustainable” means actions or activities which preserve and enhance resources for future generations.

“Swale” means a depressed, vegetated, often wet area of land, or an open drainageway. (Ord. 21-2018 § 1; Ord. 11-2017 § 30; Ord. 1-2016 § 77; Ord. 21-2015 § 34; Ord. 26-2012 § 17; Ord. 10-2012 §§ 14, 32; Ord. 7-2005 § 2; Ord. 11-2000 § 3; Ord. 2-1998 Exh. B § 2.3)

18.20.200 “T” definitions.

“Tank farm” means an area used for the commercial bulk storage of fuel in tanks.

“Temporary development activity” means, for the purpose of critical area regulations in this title, temporary uses or activities associated with development on a permitted active construction site. Temporary uses and activities include mobile contractor offices, equipment storage and storage yards, portable toilets, on-site equipment repair, on-site staging, and workshops.

“Threshold determination” means the decision by the responsible official under the State Environmental Policy Act (SEPA) regarding the likelihood that a project or other “action” (WAC 197-11-704) will have a probable significant adverse impact on an element of the environment.

“Tidelands” means land on the shore of marine water bodies between the line of ordinary high tide and the line of extreme low tide.

“Timber land” means land supporting or capable of supporting a stand of merchantable timber and which is not being developed or used for an activity which is incompatible with timber production.

“Trailer” means a structure standing on wheels, towed or hauled by another vehicle, and used for short-term human occupancy, carrying of materials, goods, or objects, or as a temporary office.

“Transfer of development rights (TDR)” means the transfer of the right to develop or build, expressed in dwelling units per acre, from land in one land use designation to land in another designation or from one property owner to another, where such a transfer is permitted.

“Transfer station” means a facility for the collection of solid waste from off site into a larger transfer container or vehicle for transfer to a permanent disposal site. (See “solid waste transfer station.”)

“Transient accommodations” means a commercial or residential use involving the rental of any structure or portion thereof for the purpose of providing lodging for periods less than 30 days.

“Transitional surface” means the FAA imaginary surface that is the lower boundary of an airspace which begins on either side of the primary surface and which slopes outward and upward to meet the horizontal surface above the airport. This surface is also connected to the approach surface at both ends of the runway.

“Transportation facilities” means roads, public pedestrian and bicycle trails, airports, airfields, public docks, ferries and related terminals, and parking areas.

“Tree line” means the line created by existing trees, at the trunk line, growing in a generally continuous line, as opposed to a line drawn between a few isolated trees.

“Tree protection zone” means a protective area established around a tree or cluster of trees. With regard to streams, lakes, ponds, and shorelines, this includes the area between the water and the tree or cluster of trees. (Ord. 1-2016 § 78; Ord. 2-2014 § 5; Ord. 26-2012 § 18; Ord. 21-2002 § 3; Ord. 5-2002 § 2; Ord. 2-1998 Exh. B § 2.3)

18.20.210 “U” definitions.

“Unconsolidated formation” means any naturally occurring, loosely cemented or poorly indurated earth material such as uncompacted gravel, sand, silt, and clay.

“Unfractured bedrock” means bedrock which does not appear to be prone to rock slope failure resulting from jointing, fracturing, and oversteep slopes.

“Uniform Building Code (UBC)” means the building code officially adopted by San Juan County.

“Unique habitat” means an area or type of environment supporting an organism or population that is rare, endemic, or limited within San Juan County.

“Unlicensed wireless services” means commercial mobile services that can operate on public domain frequencies and that therefore need no Federal Communications Commission (FCC) license.

“Uplands” means lands outside of the jurisdiction of the Shoreline Master Program.

“Urban environment, shoreline” means the Shoreline Master Program designation that is designed to ensure optimum use of shorelines within urbanized areas. The urban environment is intended to permit intensive use by managing development so that it enhances and maintains shorelines for a multiplicity of urban uses.

“Urban governmental services” means those governmental services historically and typically delivered by towns, including municipal water systems and sewage treatment facilities, storm sewer systems, street cleaning services, fire and police protection services, public transit services, and other public utilities associated with urban growth and normally not associated with nonurban areas.

“Urban growth” means growth that makes intensive use of land for the location of buildings, structures, and impermeable surfaces to such a degree as to be incompatible with the primary use of such land for the production of food and other agricultural products, or forests, or the extraction of mineral resources.

“Urban growth area” means an area designated by the County within which urban growth is to be encouraged and outside of which growth is not intended to be urban in nature.

“Usable area” means that portion of any parcel or lot which is capable of supporting a “dwelling unit,” a properly installed “on-site waste disposal system,” and a safe “individual water system,” as defined in this code.

“Usable construction area” means the area indicated on all proposed lots (per SJCC 18.70.060 (B)(4)) which can be used for the construction of a dwelling unit, approved sewage system, and an approved water supply.

“Use” means the purpose that land or building or structures now serve or for which they are occupied, maintained, arranged, designed, or intended.

“Utilities” means facilities serving the public through a network of wires or pipes, and ancillary structures thereto, including systems for the delivery of natural gas, electricity, cable TV, and telecommunications services.

“Utility distribution lines” operate at voltages of 15kV and lower, and distribute power from a substation to the end-user (connecting via a service line; see SJCC 18.60.150).

“Utility facilities” means facilities directly used for the distribution or transmission of electricity, cable TV, or landline telecommunications and public or community water service to an area, excluding utility service offices. A utility facility may support a joint use wireless facility.

“Utility pole” means poles with a primary purpose of supporting wires and equipment for the distribution or transmission of utility services to an area. A utility pole may be used as a joint use wireless facility.

“Utility substations” means the intermediate substations used for the transmission of utilities. (See “utility facilities.”)

“Utility transmission lines” means electrical power wires that carry voltages of 24.9 kV and above, move bulk power between substations and do not directly serve the end consumer. (Ord. 10-2012 §§ 15, 32; Ord. 12-2001 § 3; Ord. 14-2000 § 7(YY); Ord. 2-1998 Exh. B § 2.3)

18.20.220 “V” definitions.

“Vacation rental of a residence or an ADU” means a single-family residential unit or an accessory dwelling unit that is rented (for periods of less than 30 days).

“Vacation, roads and streets” means a statutory procedure by which the County may relinquish its interest in streets, alleys, or easements.

“Variance” means a means to grant relief from the specific bulk, dimensional, or performance standards set forth in this code, and not a means to vary allowable or prohibited uses.

“Vending trailer, food” is a mobile or semi-mobile (detachable wheels) structure that meets the health and safety codes whose primary use is food sales.

“Vending truck, food” is a motorized and mobile vehicle that meets the health and safety codes whose primary use is food sales.

“Vessel” includes ships, boats, barges, or any other floating craft which are designed and used for navigation and do not interfere with the normal public use of the water (WAC 173-27-030).

“Vested” means a permit application that is valid and fully complete and for which the law provides that the application will be processed under the regulations in effect on the date of application. Laws regarding vesting include RCW 19.27.095 and 58.17.033.

“Vicinity” means the area within one-half mile of the exterior boundary of a given parcel.

“Villages” are activity centers similar to towns in that they provide similar uses and services but usually have only rural governmental services and are not incorporated.

“Vulnerability assessment” means the evaluation of potential contamination for a specific area that could affect water in a well. (Ord. 21-2015 § 35; Ord. 26-2012 § 19; Ord. 21-2002 § 3; Ord. 2-1998 Exh. B § 2.3)

18.20.230 “W” definitions.

“WAC” means the Washington Administrative Code.

“Warehouse” means a building used primarily for the storage of goods and materials for commercial purposes.

“Water conservation” means a reduction in the amount of water used to carry out a beneficial water use without a reduction in the value of service the water provides.

“Water-dependent use (or activity)” means any reasonable use which requires a shoreline or over-the-water location because of its intrinsic nature. Such uses would include but not be limited to aquaculture, docks, marinas, boat-fueling stations, and marine research installations.

“Water-enjoyment use” means a recreational or other use facilitating public access to the shoreline as a primary characteristic of the use; a use that provides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general character of the use and which through location, design, and operation assures the public’s ability to enjoy the physical and aesthetic qualities of the shoreline. In order to qualify as a water-enjoyment use, the use must be open to the general public and the shoreline space of the project must be devoted to provisions that accommodate public shoreline enjoyment. Examples may include parks, piers, museums, educational or scientific reserves, resorts, and mixed use projects.

“Water-oriented use” refers to any combination of water-dependent, water-related, and/or water-enjoyment uses and serves as an all encompassing definition for priority uses under the Shoreline Management Act. Non-water-oriented are those uses which have little or no relationship to the shoreline and are not considered priority uses under the SMA. Non-water-oriented examples include professional offices, automobile sales or repair shops, mini-storage facilities, multifamily residential development, parking lots, and gas stations.

“Water-related use” means a use or a portion of a use ancillary to the primary use which is not intrinsically dependent on a waterfront location, but whose operation cannot occur economically without a waterfront location. Examples of water-related uses may include warehousing of goods transported by water, seafood processing plants, hydroelectric generating plants, gravel storage when transported by barge, and log storage, and including the administrative activities associated with such uses.

“Water storage tanks” means tanks or reservoirs used for the storage of water.

“Water supply plans” means a design sketch showing proposed source and lots to be served or detailed engineering plans and specifications in this code.

“Water use (demand)” means the amount of water used for domestic or agricultural purposes. Average domestic use for San Juan County is 100 to 300 gallons per day per household. (See “equivalent residential unit.”)

“WDFW” means Washington Department of Fish and Wildlife.

“WDOE” means the Washington Department of Ecology. (See “Ecology (WDOE).”)

“Well” means any water source approved by the County sanitarian and Washington Department of Social and Health Services, including, but not limited to, wells, ponds, roof collection systems, treated systems, and public water supplies. (See “individual water system.”)

“Well testing” means acquiring data directly from a constructed well in order to determine characteristics of the well, the water found in the well, or the geologic formations through which the well has passed. The well test may include pump testing, water quality testing, or geophysical testing.

“West side prairie” means areas consisting of relatively undisturbed, uncultivated meadows and fallow fields that are mostly treeless, and ideally have a significant presence of native forbs (herbaceous flowering plants such as Camas) and grasses (e.g., Danthonia californica and Festuca rubra). West side prairies in San Juan County include parts of Mt. Constitution and Turtleback Mountain on Orcas Island, the west side of San Juan Island, Iceberg Point on Lopez Island, and Yellow Island.

“Wetland” means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands.

“Wetland delineation” means the technical process of determining the edge of the wetland in the field, consistent with the definitions and methods prescribed in the 1987 U.S. Army Corps of Engineers “Corps of Engineers Wetlands Delineation Manual,” Technical Report Y-87-1, including any applicable regional supplements. (Note: RCW 36.70A.175 and WAC 173-22-035 require the use of this manual.)

“Wetland functions and values” means the beneficial roles performed by wetlands that include water quality protection and enhancement; fish and wildlife habitat; food chain support; flood storage, conveyance and attenuation; groundwater recharge and discharge; erosion control; wave attenuation; historical and archaeological and aesthetic value; and recreation.

“Wetland mosaic” means two or more wetlands including contiguous open water area, which are located, on average, less than 100 feet apart. When a line is drawn around the possible mosaic, more than 50 percent of the area bounded by the line is wetland or open water rather than upland. If that is not the case, then it is not a wetland mosaic.

“Wetland reconnaissance” means an abbreviated wetland evaluation that confirms the presence or absence of a wetland, determines the wetland type, rating, and approximate size, and identifies the edge of the wetland in a limited area.

“Wildlife (wildlife species)” includes both plant and animal species for the purposes of this title.

“Wireless tower” means a structure built for the sole or primary purpose of supporting antennas licensed or authorized by the FCC (including the on-site fencing, equipment, switches, wiring, cabling, power sources, shelters, or cabinets associated with such structure but not installed as part of an antenna). Utility poles and joint use wireless facilities are not “wireless towers” nor are light standards, steeples, buildings, windmills, flagpoles, or water tanks. (Ord. 26-2012 § 20; Ord. 10-2012 § 16; Ord. 2-1998 Exh. B § 2.3)

18.20.240 “X” definitions.

Reserved. (Ord. 2-1998 Exh. B § 2.3)

18.20.250 “Y” definitions.

Reserved. (Ord. 2-1998 Exh. B § 2.3)

18.20.260 “Z” definitions.

Reserved. (Ord. 2-1998 Exh. B § 2.3)


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All “open-record predecision hearings” are made before the County’s decision on a project permit application.