Chapter 18.30 LAND USE DESIGNATIONS

The San Juan County Comprehensive Plan establishes four principal land use classes for the County. Each class permits a different level of activity. The four general classes are growth areas, activity centers (which include areas of more intensive rural development and master planned resorts), rural lands, and resource lands. The individual land use categories within the classes are referred to as “designations.”

This section of the Unified Development Code provides development regulations by identifying uses and activities which may or may not be established in these classes. These classes have been developed based on:

• Natural systems and land capability;

• Existing land use patterns;

• The needs and expressed desires of the community; and

• Coordination with the Shoreline Management Act and the County Shoreline Master Program in Chapter 18.50 SJCC.

A. Growth Areas. Growth areas are urban lands, which provide for compact urban development, urban-level services, and urban levels and intensities of uses and activities. There are three growth areas: Friday Harbor, Eastsound, and Lopez Village. Land use designations for these areas are shown on the official maps.

B. Rural Activity Centers. The purpose of this land use class is to provide centers of activity in rural areas in a concentrated development pattern and allow for infill with a similar intensity of uses. Rural activity centers offer diverse employment opportunities; a variety of residential densities and housing types; and general commercial, general industrial, institutional, recreational, and community uses. This land use class includes village activity centers, hamlet activity centers, residential activity centers, and island centers, which are local areas of more intensive rural development (LAMIRDs) as provided for in RCW 36.70A.070(5)(d). This class also includes master planned resorts, which provide for urban-level recreational development and services in a rural setting and context. Following are the basic land use designations for rural activity centers, though in some cases these are superseded by designations in adopted activity center and subarea plans:

1. Village activity center (V).

a. Commercial (VC).

b. Industrial (VI).

c. Residential (VR).

2. Hamlet activity center (H).

a. Commercial (HC).

b. Industrial (HI).

c. Residential (HR).

3. Residential activity center (RAC).

4. Island center (IC).

5. Master planned resort (MPR).

C. Rural Lands. This land use class includes five designations:

1. Rural general use (RGU).

2. Rural residential (RR).

3. Rural farm-forest (RFF).

4. Rural industrial (RI).

5. Rural commercial (RC).

D. Resource Lands. This land use class includes three designations:

1. Agricultural resource (AG).

2. Forest resource (FOR).

3. Mineral resource lands (MRL) overlay (see SJCC 18.35.005).

E. Special Designations. The purpose of this rural land use subclass is to protect, conserve, and manage existing natural conditions, resources, and valuable historic, cultural, educational, or scientific research areas and to preserve indigenous plant and animal species and ecosystems in a natural state for the benefit of existing and future generations without precluding compatible human uses. This land use class includes two designations:

1. Conservancy (C);

2. Natural (N). (Ord. 25-2012 § 5; Ord. 11-2000 § 4; Ord. 2-1998 Exh. B § 3.1)

18.30.020 Land use regulations – Allowable and prohibited uses by designation and allowable residential densities.

The land use regulations which follow implement the Comprehensive Plan. They are broken down into broad categories which should include almost any type of land use that might be proposed. The use regulations establish standard procedures for all new development.

A. Categories of Allowable Use. Land uses allowed under this code are divided into five categories, as identified in Tables 18.30.030 and 18.30.040.

1. Yes, uses allowed outright (i.e., without a project permit) subject to the applicable development standards (Chapter 18.60 SJCC); if a building or other construction permit is required, this use is subject to administrative consistency review; see also SJCC 18.80.070;

2. Provisional use (a project permit) is allowed subject to the applicable development standards (Chapter 18.60 SJCC) and performance standards unique to the proposed use (Chapter 18.40 SJCC; see also SJCC 18.80.080), are designated by “P”;

3. Provisional/Conditional Use. After review of SJCC 18.80.090 and Table 8.2, the administrator will determine whether a provisional or conditional use permit will be required;

4. Conditional use (a project permit) is allowed subject to public notice and permit hearing procedure; see SJCC 18.80.100;

5. P.A. (Plan Amendment). New uses, or changes in the locations of uses in a master planned resort activity center which require an amendment to the master plan (see SJCC 18.30.060, 18.60.190, and 18.90.060).

B. Prohibited Uses. Uses designated with an “N” (=No) are not allowed in the applicable land use designation.

C. Multiple Designations. Some properties or developments may be subject to the regulations for two or more applicable land use designations, shoreline designations, or overlay districts.

D. Allowable Residential Density.

1. The maximum allowable residential density for all parcels is shown on the official maps of the San Juan County Comprehensive Plan. In determining the maximum number of allowable parcels or dwelling units, only whole numbers may be used. Fractional density units are not parcels and may not be combined across density designation or parcel boundaries to create a whole density unit.

2. Residential densities shown on the official maps of the Comprehensive Plan apply to both the areas subject to the jurisdiction of the Shoreline Master Program and the upland areas, except where shoreline regulations specify a different density.

3. The maximum allowable density reflects the general intent of the Comprehensive Plan and should be allowed unless maximum density would exceed site capabilities or unless it would thwart other applicable County land use regulations. If specific site considerations dictate a lower density than that shown on the official maps, the County shall have authority to impose a lower density. The approved density shall be determined on a case-by-case basis and shall be based on considerations of topography, protection of natural resources and systems, and the intent and policies of the Shoreline Management Act, the State Environmental Policy Act, the Comprehensive Plan, this code, and the Shoreline Master Program.

The allowed density may be reduced below the maximum if SEPA analysis or other evaluation of the site or area-wide conditions demonstrates that adverse effects of development at the maximum density can be mitigated or avoided by a reduction to the approved density, and no appropriate alternative means of mitigation is available.

4. The residential densities specified on the official maps shall not constitute and shall not be construed as minimum parcel sizes. Minimum parcel sizes may be set forth elsewhere in this code or in a subarea plan.

5. Repealed by Ord. 7-2005.

6. Land division is prohibited in upland natural designations and in natural shoreline designations.

7. Conservancy Lands (C).

a. Where no numerical density designation is assigned on the official maps a maximum allowable density of one dwelling unit per five acres shall apply.

b. On publicly owned conservancy lands, the maximum allowable residential density is one dwelling unit per parcel, except for housing for employees (not to exceed that necessary for land or park management), or for housing associated with an existing public higher educational facility.

8. For all rural (except activity centers), resource, or conservancy designations, and for all shoreline areas, land division shall be subject to the conservation design provisions in SJCC 18.70.060 (B)(10).

9. Lopez Village Urban Growth Area. The maximum densities for all designations shall be as specified in SJCC 18.30.210.

10. Maximum allowable residential densities for planned unit developments in urban growth areas and residential activity centers shall be determined as provided in SJCC 16.55.240, 18.30.210, 18.30.220 and 18.60.220.

11. Maximum residential densities in master planned resorts are determined as provided in SJCC 18.30.060(B).

12. Regulations and maximum residential densities within the unincorporated portion of the Friday Harbor urban growth area.

a. In Harborview Place, the town of Friday Harbor regulations for the single-family land use designation and a maximum allowable residential density of four dwelling units per acre shall apply.

b. In other areas, County land use designations and densities shall apply.

13. Exception for Rural Residential Cluster Development. Land developed under the provisions of SJCC 18.60.230, Rural residential cluster development, shall be subject to the density provisions of that section.

E. Development Standards and Use Limitations. All uses are subject to certain bulk and dimensional standards, such as setbacks and off-street parking requirements. These standards are specified in Chapter 18.60 SJCC.

F. Criteria for Site-Specific Redesignations and Master Planned Resort Approval. The criteria for decisionmaking on these actions are specified in Chapter 18.90 SJCC.

G. Application, Notice, and Appeal Requirements. The requirements to file an application, the administrative processes for handling the application, and appeal procedures, are specified in Chapter 18.80 SJCC. (Ord. 25-2012 § 6; Ord. 7-2005 § 3; Ord. 14-2000 § 7(ZZ); Ord. 11-2000 § 4; Ord. 2-1998 Exh. B § 3.2)

* See SJCC 18.30.245 through 18.30.247 for provisions on density bonuses in Olga Hamlet.

18.30.030 Land use table – Activity center land use designations.

How to Use This Table

Table 18.30.030 displays the classification of uses for activity center land use designations.

The allowability and classification of uses as represented in the tables are further modified by the following:

• The location may have a multiple designation; this would be true if the Shoreline Master Program, a subarea plan, or an overlay district applied to the location. Note that designations within the shorelines jurisdiction use some of the same names as the uplands land use designations but allowable uses may differ substantially between the uplands and shorelines designations. The Shoreline Master Program (SMP) should be consulted if the location of interest is subject to the SMP jurisdiction. See also notes 1 – 3 to this table.

• All regulations in this code apply to the uses in these tables. To determine whether a particular use or activity can occur in a particular land use designation and location, all relevant regulations must also be consulted in addition to this table.

Categories of uses:

Y = Uses allowed outright (i.e., without a project permit), subject to the applicable development standards (Chapter 18.60 SJCC); if a building or other construction permit is required, this use is subject to administrative consistency review; see SJCC 18.80.070.

P = Provisional use (a project permit), subject to administrative consistency review for compliance with Chapter 18.60 SJCC, Development Standards, and Chapter 18.40 SJCC, Performance and Use-Specific Standards; see SJCC 18.80.080.

P/C = After review of SJCC 18.80.090 and Table 8.2, the administrator will determine whether a provisional or conditional use permit will be required.

C = Conditional use, subject to public notice and permit hearing procedure; see SJCC 18.80.100.

P.A. = Plan Amendment. The use requires an amendment to an adopted master plan; see SJCC 18.30.060 and 18.90.060.

N = Prohibited use.

Basic activity center land use designations:

VC = Village Commercial HC = Hamlet Commercial

IC = Island Center VI = Village Industrial

HI = Hamlet Industrial MPR = Master Planned Resort

VR = Village Residential HR = Hamlet Residential

Residential Activity Center = Rural Residential, Table 18.30.040 (SJCC 18.30.220(C)(2))

Also see designations and associated regulations for Eastsound, Olga Hamlet, Orcas Village, Deer Harbor and Country Corner Island Center (LAMIRD).

Table 18.30.030. Allowable and Prohibited Uses in Activity Center Land Use Designations(1, 2, 3, 4)
Land Uses	Classification of Uses by Land Use Designation
	Village			Hamlet(15)			Island Center	Master Planned Resort
	VC	VI	VR	HC	HI	HR	IC	MPR(5,6)
Commercial Uses
Animal shelters and kennels	P	C	N	C	C	N	C	P.A.
Automotive fuel, service, and repair stations	P	P	N	P	P	N	P	P.A.
Bed and breakfast inn	P	N	C	P	N	C	N	P/C
Bed and breakfast residence	P	N	P	P	N	P	P	P
Camping facilities	P	N	N	C	N	N	N	P.A.
Day care with 1 – 6 children	P	P	P	P	P	P	P	P
Day care with 7+ children	P	C	P	P	C	P	P	P/C
Drinking establishment	Y	N	N	Y	N	N	N	P/C
Eating establishment	Y	N	N	Y	N	N	N	P/C
Hotel/Motel	Y	N	N	C	N	N	N	P.A.
Indoor entertainment facility	Y	P/C	N	C	C	N	N	P/C
Nursing homes	P	N	N	N	N	N	N	P.A.
Personal and professional services	Y	N	N	Y	N	N	N	P/C
Personal wireless service facilities, co-located on an existing, permitted stand-alone tower, or mounted to the surface of an existing structure	P	P	C(10)	P	P	C(10)	P	P.A. (P/C where allowed)
Personal wireless service facilities mounted on a building which meets the height standards of the land use designation, or facilities camouflaged or disguised as an allowable exemption to the height standard	P	P	C	P	P	C	P	P.A. (P/C where allowed)
Personal wireless service facilities, other	C	C	N	C	C	N	C	P.A. (C where allowed)
Residential care facilities with up to 8 persons	P	N	P	P	N	P	P	P.A.
Residential care facilities with 9 – 15 persons	P	N	C	P	N	C	P	P.A.
Resorts and camps, new	P	N	N	C	N	N	N	See Note 5
Commercial Uses
Existing resorts and camps, expansion of existing uses without increase to scope or scale	P	P	P	P	P	P	P	See Note 5
Existing resorts and camps, increase in scope or scale of facilities or services	P/C	P/C	P/C	P/C	P/C	P/C	P/C	See Note 5
Retail sales and services	P	P/C	N	P	N	N	P	P/C
Warehouse, mini-storage, and moving storage facilities	N	P	N	N	P/C	N	P	P.A.
Unnamed commercial uses	P/C	P/C	N	P/C	P/C	N	P/C	P/C
Industrial Uses
Bulk fuel storage facilities	N	C	N	N	C	N	P/C	P.A.
Concrete and concrete batch plants	N	C	N	N	N	N	N	P.A.
Construction yards	N	P	N	N	P/C	N	P	P.A.
Feedlots	N	N	N	N	N	N	N	P.A.
Garbage and solid waste transfer stations	N	P	N	N	C	N	P/C	P.A.
Heavy equipment rental services	N	C	N	N	N	N	P	P.A.
Heavy industrial	N	C	N	N	N	N	N	P.A.
Light industrial	N	P	N	N	P/C	N	P/C	P.A.
Light manufacturing	C	P	N	N	P/C	N	P/C	P.A.
Lumber mills, stationary	N	N	N	N	N	N	C	P.A.
Marijuana production and processing, Tiers 1 and 2(13, 14)	N	C	N	N	C	N	C	N
Marijuana production and processing, Tier 3	N	N	N	N	N	N	N	N
Mining and mineral extraction activities	N	C	N	N	N	N	N	P.A.
Outdoor storage yards	N	P	N	N	P/C	N	P	P.A.
Reclamation of mineral extraction sites	P/C	P/C	P/C	P/C	P/C	P/C	P/C	P.A.
Recycling collection/processing	P/C	P/C	N	P/C	P/C	N	P/C	P.A.
Recycling collection	P	P	P/C	P	P	P/C	P	Y
Resource processing accessory to extraction operations	N	N	N	N	N	N	N	P.A.
Wholesale distribution outlet	N	Y	N	N	P/C	N	P/C	P.A.
Wrecking and salvage yards	N	C	N	N	N	N	N	P.A.
Industrial Uses
Storage and treatment of sewerage, sludge and septage – lagoon systems	N	N	N	N	N	N	N	P.A.
Unnamed industrial uses	P/C	P/C	N	P/C	N	N	P/C	P.A.
Institutional Uses
College or technical school/adult education facility	P	P/C	N	P/C	P/C	N	N	P.A.
Community club or community organization assembly facility	P	N	P/C	P	N	P/C	N	P/C
Emergency services	Y	P/C	N	Y	Y	N	Y	P/C
Government offices	Y	N	N	N	N	N	N	P.A.
Institutional camps	N	N	N	N	N	N	N	P.A.
Library	Y	N	Y	Y	N	Y	N	P/C
Museum	Y	N	N	Y	N	N	N	P/C
Post office	Y	N	N	Y	N	N	N	P/C
Religious assembly facility	P	C	C	P/C	C	C	P	P.A.
School, primary and secondary	Y	N	C	Y	N	C	Y	P.A.
Unnamed institutional uses	C	C	C	C	C	C	C	P.A.
Recreational Uses
Camping facilities in public parks	P	N	N	C	N	N	N	P.A.
Indoor recreation facilities	Y	P/C	N	P/C	P/C	N	P/C	P/C
Outdoor recreation developments	P	P/C	C	P/C	P/C	N	P/C	P/C
Parks	P	N	C	P	P	C	P	P/C
Playing fields	P	N	P	P	P	P	P	P/C
Recreational vehicle parks	P/C	P/C	N	P/C	N	N	N	P.A.
Outdoor shooting ranges	N	N	N	N	N	N	N	P.A.
Unnamed recreational uses	C	C	C	C	C	C	C	P.A.
Residential Uses
Cottage enterprise	P	P	P	P	P	P	P	P.A.(6)
Farm worker accommodations	P	N	P	Y	N	P	P	P.A.(6)
Farm stay	P	N	P	P	N	P	N	P.A.(6)
Home occupation	Y	Y	Y	Y	Y	Y	Y	P.A.(6)
Mobile home parks(7)	N	N	P	N	N	P	N	P.A.(6)
Multifamily residential units (3+ units)	P	P/C	Y	Y	N	Y	N	P.A.(6)
Residential Uses
Single-family residential (1 unit only) or accessory apartment (1 unit only) accessory to an allowable nonresidential use	Y	Y	Y	Y	Y	Y	Y(9)	P.A.(6)
Single-family residential unit	Y	P/C	Y	Y	Y	Y	N	P.A.(6)
Two-family residential (duplex)	Y	P/C	Y	Y	P/C	Y	N	P.A.(6)
Rural residential cluster development	N	N	P/C	N	N	P/C	N	N
Unnamed residential uses	C	C	C	C	C	C	N	P.A.(6)
Vacation rental of residence or accessory dwelling unit	P	P	C	P	P	C	P	P.A.(6)
Transportation Uses
Airfields	N	C	N	N	N	N	N	P.A.
Airports	N	C	N	N	N	N	N	P.A.
Airstrips	N	N	N	N	N	N	N	P.A.
Hangars	N	P/C	P/C	N	N	N	N	P/C
Helipads	N	N	N	N	N	N	N	P.A.
Ferry terminal	C	C	N	C	C	N	N	P.A.
Parking lots, commercial	P/C	P/C	P/C	P/C	P/C	P/C	P/C	P/C
Parking structures	P/C	P/C	N	N	N	N	N	P/C
Streets, public	Y	Y	Y	Y	Y	Y	Y	Y
Trails and paths, public	Y	Y	Y	Y	Y	Y	Y	Y
Unnamed transportation uses	P/C	P/C	N	P/C	P/C	N	P/C	P/C
Utilities Uses
Commercial communication facilities(10)	C	C	N	C	C	N	C	P.A. (C where allowed)
Commercial power-generation facilities	C	C	C	C	C	C	C	P.A.
Community sewerage treatment facilities	P/C	P/C	P/C	P/C	P/C	P/C	P/C	P/C
Category “A” joint use wireless facility(12)	Y	Y	Y	Y	Y	Y	Y	Y
Category “B” joint use wireless facility	P/C	P/C	P/C	P/C	P/C	P/C	P/C	P/C
Utilities Uses
Storage and treatment of sewerage, sludge and septage – systems other than lagoons	C	C	C	C	C	C	C	P.A.
Utility distribution lines	Y	Y	Y	Y	Y	Y	Y	Y
Utility facilities	P/C	P/C	P/C	P/C	P/C	P/C	P/C	P/C
Utility substations	P/C	P/C	P/C	P/C	P/C	P/C	P/C	P/C
Utility transmission lines	P/C	P/C	P/C	P/C	P/C	P/C	P/C	P/C
Water storage tanks, community	P/C	P/C	P/C	P/C	P/C	P/C	P/C	P/C
Water treatment facilities	P/C	P/C	P/C	P/C	P/C	P/C	P/C	P/C
Unnamed utility uses	P/C	P/C	P/C	P/C	P/C	P/C	P/C	P/C
Agricultural and Forestry Uses
Agricultural activities(11)	Y	Y	Y(11)	Y	Y	Y(11)	Y	Y
Forest practices,(8) no processing	Y	Y	Y	Y	Y	Y	Y	Y
Lumber mills, portable	Y	Y	Y	Y	Y	Y	Y	Y
Nurseries	Y	N	N	Y	N	N	Y	P/C
Small-scale slaughterhouses	N	Y	N	N	Y	N	P	P.A.
Unnamed agricultural and forestry uses	C	C	C	C	C	C	C	P.A.

Notes:

1. All uses must be consistent with the goals and policies of the land use designation in which they are proposed to occur; cf. the Land Use Element of the Comprehensive Plan. All land uses in all designations must meet the general regulations in SJCC 18.30.050 through 18.30.055 unless otherwise stated therein.

2. A land use or development proposed to be located entirely or partly within 200 feet of the ordinary high water mark of a regulated shoreline is within the jurisdiction of the Shoreline Master Program, and is subject to the applicable provisions of Section 3 of the Comprehensive Plan and of Chapter 18.50 SJCC, as well as the applicable provisions and permit requirements indicated in this table. Please refer to Chapter 18.50 SJCC for specific use regulations and regulations by shoreline environment; see also SJCC 18.80.110 for shoreline permit requirements.

3. Overlay districts provide policies and regulations in addition to those of the underlying land use designations for certain land areas and for uses that warrant specific recognition and management. For any land use or development proposed to be located entirely or partly within an overlay district, the applicable provisions of the overlay district shall prevail over any conflicting provisions of the UDC.

4. Activity center and subarea plans provide alternative and more specific policies and regulations for some areas. In case of conflict, the regulations of the activity center or subarea plan shall prevail.

5. Special provisions for uses within master planned resort activity centers are described in SJCC 18.30.060; see also SJCC 18.60.190 and 18.90.060.

6. An MPR includes short-term visitor accommodations that are associated with the recreational facilities of the resort. An MPR may also include other permanent residential uses, conference facilities, and commercial activities supporting the resort, but only if these other uses are integrated into and consistent with the on-site recreational nature of the resort. It is incumbent on the master plan or plan amendment proponent to provide the information supportive of such a determination. Also see SJCC 18.30.060, 18.60.190, and 18.90.060.

7. This row is to be used solely in the instance where a mobile home park will use additional density allotted to it through a transfer-of-development-rights (TDR) program. Otherwise, a mobile home park must proceed through and meet the requirements of the subdivision regulations of Chapter 18.70 SJCC; for a platted mobile home park the allowable uses would be indicated by the row “Single-family residential unit.”

8. Forest practices (including timber harvesting), except for Class IV General (see SJCC 18.40.120 through 18.40.180), are regulated by the Washington Department of Natural Resources.

9. One dwelling unit per parcel is allowed which must be an accessory to a commercial or industrial use and located within or attached and subordinate to the commercial or industrial structure. The unit may not include an accessory dwelling unit in addition to the main residence.

10. To minimize commercial developments in residential neighborhoods, in lands designated HR and VR, wireless facilities other than joint use wireless facilities must be accessory to a legal conforming or nonconforming structure and cannot be the primary land use.

11. Agricultural activities are allowed except for “agricultural processing, retail and visitor serving facilities for products” in VR and HR.

12. Though a project permit is not required, facilities are subject to the requirements for joint use wireless facilities found in Chapter 18.40 SJCC.

13. Marijuana production and processing must be conducted in fully enclosed and secure structures such as a stick-built building or an opaque greenhouse with rigid walls, a roof, and doors.

14. The maximum square footage used for marijuana production cannot exceed the amount licensed by the Washington State Liquor and Cannabis Board. Applicants must designate the proposed production tier and the amount of square footage of proposed plant canopy on their land use and building permit application plans. The marijuana production tiers and canopy limits are:

Tier 1: Less than 2,000 square feet;

Tier 2: Two thousand square feet up to 10,000 square feet; and

Tier 3: Ten thousand square feet up to 30,000 square feet.

15. Applies to the Deer Harbor Hamlet HI-A and HI-B designations. Marijuana production and processing facilities are prohibited in Olga Hamlet designations.

(Ord. 11-2020 § 2; Ord. 25-2012 § 7; Ord. 10-2012 § 17; Ord. 21-2002 § 4; Ord. 12-2001 § 4; Ord. 8-2001 § 1; Ord. 14-2000 § 7(AAA), (BBB); Ord. 11-2000 § 4; Ord. 2-1998 Exh. B § 3.2 (Table 3.1))

18.30.040 Land use table – Rural, resource, and special land use designations.

How to Use This Table

Table 18.30.040 displays the classification of uses for rural, resource, and special land use designations.

The allowability and classification of uses as represented in the tables are further modified by the following:

• The location may have a multiple designation; this would be true if the Shoreline Master Program, a subarea plan, or an overlay district applied to the location. Note that designations within the shorelines jurisdiction use some of the same names as the uplands land use designations, but allowable uses may differ substantially between the uplands and shorelines. The Shoreline Master Program (SMP) should be consulted if the location of interest is subject to the SMP jurisdiction. See also notes 1 – 3 to this table.

Categories of uses:

P/C = After review of SJCC 18.80.090 and Table 8.2, the administrator will determine whether a provisional or conditional use permit will be required.

C = Conditional use, subject to public notice and permit hearing procedure; see SJCC 18.80.100.

P.A. = Plan Amendment. The use requires an amendment to an adopted master plan; see SJCC 18.30.060 and 18.90.060.

N = Prohibited use.

Rural, resource, and special land use designations:

RGU = Rural General Use RI = Rural Industrial FOR = Forest Resource Lands

RR = Rural Residential RC = Rural Commercial C = Conservancy

RFF = Rural Farm-Forest AG = Agricultural Resource Lands N = Natural

Residential Activity Center = Rural Residential, Table 18.30.040 (SJCC 18.30.220(C)(2))

Table 18.30.040. Allowable and Prohibited Uses in Rural, Resource, and Special Land Use Designations
(1, 2, 3)
Land Uses	Classification of Uses by Land Use Designation
	Rural Designations					Resource Lands		Special Lands(4)
	RGU	RR	RFF	RI	RC	AG	FOR	C	N
Commercial Uses
Animal shelters and kennels	C	N	C	N	C	N	N	N	N
Automotive fuel, service, and repair stations	C	N	N	P	P	N	N	N	N
Bed and breakfast inn	C	N	C	N	P	N (C if historic)(5)	N (C if historic)(5)	N (C if historic)(5)	N
Bed and breakfast residence	P	N	P	N	P	P	P	N (C if historic)(5)	N
Camping facilities	C	N	N (C if historic)(5)	N	N	N	N	N	N
Day care with 1 – 6 children	P	P	P	P	P	P	P	N	N
Day care with 7+ children	C	C	C	C	P	N	N	N	N
Drinking establishment	N	N	N	N	N	N	N	N	N
Eating establishment	C	N	N	N	C	N	N	N	N
Hotel/Motel	N	N	N	N	N	N	N	N	N
Indoor entertainment facility	C	N	N	N	N	N	N	N	N
Nursing homes	N	N	N	N	N	N	N	N	N
Personal and professional services	P/C	N	N	N	N	N	N	N	N
Personal wireless service facilities, co-located on an existing, permitted stand-alone tower, or mounted to the surface of an existing structure	P	P/C(13)	P/C(13)	P	P	P/C	P/C	N (Except Y at Mt. Con-stitution Sites)	N
Personal wireless service facilities mounted on a building which meets the height standards of the land use designation, or facilities disguised or camouflaged as an allowable exemption to the height standard	P	P/C	P/C	P	P	P/C	P/C	N (Except Y at Mt. Con-stitution Sites)	N
Personal wireless service facilities, other	P/C	N	C(13)	P/C	P/C	C(14)	C	N (P at Mt. Con-stitution Sites)	N
Residential care facilities with up to 8 persons	P	P	P	N	P	P	P	N	N
Commercial Uses
Vet clinic	C	N	C	N	P/C	N	N	N	N
Residential care facilities with 9 – 15 persons	P	C	C	N	C	N	N	N	N
Resorts and camps, new	C	N	N (C if historic)(5)	N	N (P/C if historic)(5)	N	N	N	N
Resorts and camps, existing: expansion of existing uses without increase to scope or scale	P	P	P	P	P	P	P	P	P
Resorts and camps, existing: increase in scope or scale of facilities or services	P/C	P/C	P/C	P/C	P/C	P/C	P/C	N	N
Retail sales and services	C	N	N	N	P	N	N	N	N
Warehouse, mini-storage, and moving storage facilities	C	N	N	N	N	N	N	N	N
Unnamed commercial uses	P/C	N	P/C	P/C	P/C	N	N	N	N
Industrial Uses
Bulk fuel storage facilities	C	N	N	C	C	N	N	N	N
Commercial composting	P/C	N	N	P/C	P/C	N	P/C	N	N
Concrete and concrete batch plants	C	N	N	C	N	N	N	N	N
Construction yards	C	N	N	P/C	P/C	N	N	N	N
Feedlots	N	N	N	N	N	N	N	N	N
Garbage and solid waste transfer stations	C	N	N	P/C	P/C	N	N	N	N
Heavy equipment rental services	C	N	N	P	P	N	N	N	N
Heavy industrial	C	N	N	C	N	N	N	N	N
Light industrial	C	N	N	P/C	C	N	N	N	N
Light manufacturing	C	N	N	P/C	C	N	N	N	N
Lumber mills, stationary	C	N	P	P	P/C	P/C	P/C	N	N
Marijuana production and processing, Tiers 1 and 2(15, 16, 18)	C	N	C(17)	C	N	C(17)	N	N	N
Marijuana production and processing, Tier 3	N	N	N	N	N	N	N	N	N
Outdoor storage yards	C	N	N	P	N	N	N	N	N
Reclamation of mineral extraction sites	P/C	P/C	P/C	P/C	P/C	P/C	P/C	P/C	P/C
Recycling collection/processing	C	N	N(12)	C	C	N	N	N	N
Recycling collection	P	N	N	Y	Y	N	N	N	N
Industrial Uses
Resource processing accessory to extraction operations	C	N	N	N (C if existing)(6)	N	N	N	N	N
Mining and mineral extraction activities	C	N	N	N (C if existing)(6)	N	N	N	N	N
Wholesale distribution outlet	C	N	N	N	N	N	N	N	N
Wrecking and salvage yards	C	N	N	P/C	N	N	N	N	N
Storage and treatment of sewerage, sludge and septage – lagoon systems	C	N	N	P	N	N	N	N	N
Unnamed industrial uses	C	N	N	C	N	N	N	N	N
Institutional Uses
College or technical school/adult education facility	C	N	N	C	C	N	N	N (P/C at UW FHL)	N
Community club or community organization assembly facility	C	C	N	N	P/C	N (P/C at Port Stanley School)(11)	N	N	N
Emergency services	Y	C	C	Y	Y	C	C	C	N
Government offices	Y(19)/C	C	C	Y(19)/C	Y(19)/C	C	C	C	N
Institutional camps	N	N	N (P/C if historic)(5)	N	N	N	N (P/C if historic)(5)	N	N
Library	C	C	N	N	N	N	N	N	N
Museum	C	C	N	N	C	N (C at Port Stanley School)(11)	N	N	N
Post office	N	N	N	N	N	N	N	N	N
Religious assembly facility	P/C	P/C	P/C	P/C	P/C	C	C	N	N
School, primary and secondary	C	N	N	N	C	N	N	N	N
Existing school, primary and secondary	N	N	Y	N	N	N	N	N	Y
Unnamed institutional uses	C	N	N	C	C	N	N	N	N
Recreational Uses
Camping facilities in public parks	C	N	N	N	N	N	N	C	N
Indoor recreation facilities	C	N	N	N	C	N	N	N	N
Indoor swimming pool	C	N	C	N	C	N	N	N	N
Recreational Uses
Outdoor recreation developments	C	C	C	C	C	N	N	P/C	C
Parks	C	C	C	C	C	N	C	P/C	C
Playing fields	C	C	C	C	C	N	N	C	N
Recreational vehicle parks	N	N	N	N	N	N	N	N	N
Outdoor shooting ranges	C	N	N	C	N	N	N	N	N
Unnamed recreational uses	C	C	C	C	C	C	C	N	N
Residential Uses
Cottage enterprise	P	N	P	P	P	P	P	P	N
Farm worker accommodations	P	N	P	P	P	P	P	N	N
Farm stay	P	N	P	N	N	P	P	N	N
Home occupation	Y	Y	Y	Y	Y	Y	Y	Y	Y
Mobile home parks(7)	N	N	N	N	N	N	N	N	N
Multifamily residential units (3+ units)	N	N	P/C	N	N	N	N	N	N
Single-family residential (1 unit only) or accessory apartment (1 unit only), accessory to an allowable nonresidential use	P	N	P	P(9)	P(9)	P	P	N	N
Single-family residential unit	Y	Y	Y	N	N	Y	Y	Y	Y
Two-family residential (duplex)	N	N	Y	N	N	Y	Y	N	N
Rural residential cluster development	N	P/C	P/C	N	N	N	N	N	N
Unnamed residential uses	C	C	C	N	N	C	C	N	N
Vacation rental of residence or accessory dwelling unit	P	C	P	P	P	N	N	N	N
Transportation Uses
Airfields	C	N	N	N	N	N	N	N	N
Airports	C	N	N	N	N	N	N	N	N
Airstrips	C	N	N	N	N	N	N	N	N
Hangars	P	P	P	N	N	N	N	N	N
Helipads	N	N	N	N	N	N	N	N	N
Ferry terminal	C	N	N	C	C	N	N	N	N
Parking lots, commercial	N	N	N	N	N	N	N	N	N
Parking structures	N	N	N	N	N	N	N	N	N
Streets, public	Y	Y	Y	Y	Y	Y	Y	C	C
Trails and paths, public	Y	Y	Y	Y	Y	Y	Y	C	C
Unnamed transportation uses	P/C	P/C	P/C	P/C	P/C	C	C	C	C
Utilities Uses
Commercial communication facilities	N	N	N	P	N	N	N	N (C at Mt. Con-stitution Sites)	N
Commercial power-generation facilities	C	N	N	P/C	P/C	C	C	N	N
Community sewerage treatment facilities	N	N	N	N	N	N	N	N	N
Category “A” joint use wireless facility(10)	Y	Y	Y	Y	Y	Y	Y	Y	Y
Category “B” joint use wireless facility	P/C	P/C	P/C	P/C	P/C	P/C	P/C	P/C	P/C
Storage and treatment of sewerage, sludge and septage systems other than lagoons	C	C	C	C	C	C	C	N	N
Utility distribution lines	P	P	P	P	P	P/C	P/C	P/C	P/C
Utility facilities	P/C	P/C	P/C	P/C	P/C	P/C	P/C	P/C	P/C
Utility substations	P/C	P/C	P/C	P/C	P/C	P/C	P/C	P/C	P/C
Utility transmission lines	P/C	P/C	P/C	P/C	P/C	P/C	P/C	P/C	P/C
Water storage tanks, community	P/C	P/C	P/C	P/C	P/C	P/C	P/C	P/C	C
Water treatment facilities	P/C	P/C	P/C	P/C	P/C	P/C	P/C	P/C	C
Unnamed utility uses	P/C	P/C	P/C	P/C	P/C	P/C	P/C	C	C
Agricultural and Forestry Uses
Agricultural activities	Y	Y	Y	Y	Y	Y	Y	Y	N
Forest practices, no processing(8)	Y	Y	Y	Y	Y	Y	Y	Y	N
Lumber mills, portable	Y	Y	Y	Y	Y	Y	Y	P/C	N
Nurseries	Y	N	Y	Y	Y	Y	Y	N	N
Small-scale slaughterhouses	P	N	P	Y	Y	P	P	N	N
Unnamed agricultural and forestry uses	C	C	C	C	C	C	C	N	N

Notes:

4. Special provisions for uses within conservancy and natural land designations are described in SJCC 18.30.070.

5. “Historic”: In several isolated cases, an existing use that would be made nonconforming by this UDC is considered desirable to allow to continue and possibly to expand. Because this might be difficult or prohibited if the use were to become nonconforming, the use is labeled “historic,” and the allowable use designation is indicated. See also the definitions in Chapter 18.20 SJCC.

6. Restriction of mining and mineral extraction and related resource processing in RI shall not preclude consideration of an application for redesignation as a mineral resource lands overlay district. “Existing” means operating at the time of the adoption of this code.

8. Forest practices (including timber harvesting), except for Class IV General (see SJCC 18.40.120 through 18.40.180), are regulated by the Washington Department of Natural Resources.

10. Though a project permit is not required, these facilities are subject to the requirements for joint use wireless facilities found in Chapter 18.40 SJCC.

11. The use of the Port Stanley School for artistic, scientific, historic, museum or educational purposes or community gatherings or meetings (as provided by RCW 84.36.060) is allowed by permit.

12. Properties with existing conditional use permits for recycling centers may apply for a new conditional use permit to expand the allowable uses to include recycling collection and/or processing.

13. To minimize commercial developments in residential neighborhoods, in lands designated RR and RFF with lots of less than five acres in size, wireless facilities other than joint use wireless facilities must be permitted by the use table and accessory to a legal conforming or nonconforming structure and cannot be the primary land use.

14. In AG resource designations wireless facilities shall be located, designed and operated so as to minimize interference with agricultural uses and the open, uninterrupted, pastoral viewscapes.

15. Marijuana production is allowed in:

a. Fully enclosed and secure structures such as stick-built buildings or opaque greenhouses with rigid walls, a roof and doors;

b. Nonrigid translucent greenhouses or other structures; or

c. In ground in an area fully enclosed by a physical barrier.

16. The maximum square footage used for marijuana production cannot exceed the amount licensed by the Washington State Liquor and Cannabis Control Board. Applicants must designate the proposed production tier and amount of square footage of plant canopy on land use and building permit application plans. The marijuana production tiers and canopy limits are:

a. Tier 1: Less than 2,000 square feet;

b. Tier 2: Two thousand square feet up to 10,000 square feet; and

c. Tier 3: Ten thousand square feet up to 30,000 square feet.

17. Marijuana processing is only allowed on a parcel designated RFF or AG resources if it supports a marijuana production operation on the same parcel.

18. The following minimum lot sizes apply to marijuana production and processing operations:

a. Tier 1: One acre in the RGU and RI and three acres in the RFF and AG resource designations; and

b. Tier 2: Five acres in the RGU and RI and 10 acres in the RFF and AG resource designations.

19. Use allowed by right when in conjunction with a preexisting use.

(Ord. 2-2023 § 2; Ord. 07-2022 § 1; Ord. 11-2020 § 3; Ord. 25-2012 § 8; Ord. 10-2012 § 18; Ord. 44-2009 § 1; Ord. 15-2005 § 3; Ord. 6-2004 § 1; Ord. 21-2002 § 4; Ord. 12-2001 § 4; Ord. 8-2001 § 1; Ord. 6-2001; Ord. 14-2000 § 7(AAA); Ord. 11-2000 § 4; Ord. 2-1998 Exh. B § 3.2 (Table 3.2))

18.30.050 Land use regulations – General provisions.

The regulations in this section apply to all land uses in all designations unless stated otherwise. (Ord. 25-2012 § 9; Ord. 10-2011 § 2; Ord. 2-2010 § 3; Ord. 52-2008 § 7; Ord. 12-2001 § 4; Ord. 4-2001 § 1; Ord. 2-1998 Exh. B § 3.3)

18.30.051 Archaeological and historical site protection.

A. When an application for development is received for an area known to be archaeologically or historically significant, no action shall be taken on the application and the applicant shall not initiate any excavation or development activity until the site has been inspected by a qualified archaeologist, historian, or architect, as appropriate, designated by the director.

B. If during excavation or development of a site an area of potential archaeological significance is uncovered, all activity in the immediate vicinity shall be halted, and the director shall be notified at once.

C. The following shall be stated as a condition of approval on all development permits issued:

If during excavation or development of the site an area of potential archaeological significance is uncovered, all activity in the immediate area shall be halted, and the director shall be notified at once.

(Ord. 25-2012 § 9; Ord. 10-2011 § 2; Ord. 2-2010 § 3; Ord. 52-2008 § 7; Ord. 12-2001 § 4; Ord. 4-2001 § 1; Ord. 2-1998 Exh. B § 3.3. Formerly 18.30.050(A))

18.30.052 Right to farm and forestry provisions.

A. Applicability. Right to farm and forestry provisions apply to all resource and rural land use designations except rural residential. The provisions of this section are not to be construed to in any way modify, supersede or abridge state or County law relative to nuisances; rather, they are only to be used in the interpretation and enforcement of the provisions of this code.

B. Purpose. To provide the residents of the County proper notification of the County’s recognition and support of farming and forestry activities.

C. Nuisance. The following shall not be considered a nuisance: agricultural and forestry activities, lumber mills operating between 7:00 a.m. and 7:00 p.m., facilities, or appurtenances thereof, conducted or maintained for commercial agricultural or forestry purposes on land designated as rural general use, rural farm-forest, rural industrial, rural commercial, agricultural resource, or forest resource.

D. Disclosure. The disclosure statement in subsection (D)(2) of this section shall be used under the following circumstances and in the following manner:

1. Approval of any land division, land use, building, or development of lands designated rural general use, rural farm-forest, rural industrial, rural commercial, agricultural resource, or forest resource, and of any lands within 500 feet of lands which are designated as agricultural resource, forest resource, or mineral resource, shall be conditioned on the execution by the applicant of a statement of acknowledgment containing the disclosure statement on a form provided by the department. The executed form shall be recorded by the County auditor in the same manner as a deed. However, if disclosure conforming to the provisions of this subsection has been recorded for a prior permit, subsequent disclosures shall not be required.

2. The required disclosure statement is as follows:

San Juan County has determined that the use of real property for agricultural and forestry operations is a high priority and favored use in the county. The county will not consider to be a nuisance those inconveniences or discomforts arising from such operations, if such operations are consistent with commonly accepted best management practices in compliance with local, state, and federal laws. If your real property includes or is within 500 feet of real property designated as Rural General Use, Rural Farm Forest, Rural Industrial, Rural Commercial, Agriculture, or Forestry, you may be subject to inconveniences or discomforts arising from such farming and forestry operations, including but not limited to noise, tree removal, odors, flies, fumes, dust, smoke, the operation of farm and forestry machinery during any 24-hour period, the storage and disposal of manure, and the application of permitted fertilizers and permitted pesticides. One or more of these inconveniences may occur as a result of agricultural and forestry operations which are in conformance with existing laws and regulations.

(Ord. 25-2012 § 9; Ord. 10-2011 § 2; Ord. 2-2010 § 3; Ord. 52-2008 § 7; Ord. 12-2001 § 4; Ord. 4-2001 § 1; Ord. 2-1998 Exh. B § 3.3. Formerly 18.30.050(B))

18.30.053 Development permits and resource lands.

Development permit approvals for the use of lands adjacent to lands designated as AG and FOR resource lands, or lands with a mineral resource land overlay designation, may be conditioned to ensure that the use of such lands shall not interfere with the continued use in the accustomed manner and in accordance with best management practices of those lands designated for resource purposes. (Ord. 25-2012 § 9; Ord. 10-2011 § 2; Ord. 2-2010 § 3; Ord. 52-2008 § 7; Ord. 12-2001 § 4; Ord. 4-2001 § 1; Ord. 2-1998 Exh. B § 3.3. Formerly 18.30.050(C))

18.30.054 Overlay districts.

Overlay districts provide policies and regulations in addition to those of the underlying land use designations. The regulations for these areas are found in SJCC 18.35.005 through 18.35.150. (Ord. 25-2012 § 9; Ord. 10-2011 § 2; Ord. 2-2010 § 3; Ord. 52-2008 § 7; Ord. 12-2001 § 4; Ord. 4-2001 § 1; Ord. 2-1998 Exh. B § 3.3. Formerly 18.30.050(D))

18.30.055 Siting and permitting of essential public facilities (EPFs).

The Growth Management Act directs that no comprehensive plan or development regulation may preclude the siting of essential public facilities (RCW 36.70A.200(2)). The identification, location, and permitting of essential public facilities shall be guided by the policies of the Comprehensive Plan, including Section B, Element 2 (Land Use), Element 3 (Shoreline Master Program), and Appendix 2 (Joint Planning Policies), along with the requirements of SJCC Titles 16 and 18.

A. Proposed facilities that satisfy County development standards shall follow the standard permitting procedures. Facilities that do not meet one or more development standards may be permitted as provided in this section.

B. Determination of an Essential Public Facility. Essential public facilities are identified in both the Comprehensive Plan and the definition section of this title. Additional essential public facilities may be identified by either amendment to the Comprehensive Plan and this chapter or by submission of a request for EPF determination as follows:

1. A request for determination that a facility is an EPF shall contain a conceptual description of the facility, an explanation of the need for the facility, a preliminary development schedule, identification of any sites that are under consideration, and required fees.

2. After receiving such a request, the County council shall hold a public hearing to discuss the request. At least 45 days prior to the meeting, the department shall provide notice in the legal section of the official County newspaper, and if particular sites are under consideration, at least 45 days prior to the meeting, notice shall be mailed to all owners of property within 500 feet of the parcel boundaries of those sites.

3. Following the public hearing, the County council shall adopt a resolution as to whether the proposed facility is an EPF.

C. Siting of New EPFs. The following procedures provide a method for siting essential public facilities when there is no suitable site with a land use designation that allows the proposed use:

1. Prior to initiating the following process the applicant shall pay the associated fees.

2. The department and applicant shall identify potential sites for the proposed facility.

3. The applicant shall analyze potential sites based on consideration of the following criteria along with any factors identified by the department which are specific to the proposed type of facility:

a. Potential impacts on existing land uses, resource lands, open space, scenic resources, critical areas, and the natural and rural environment;

b. The priority for the protection of resource lands;

c. How the location will help maintain or enhance the quality or minimize the cost of the service;

d. Economic, social and environmental impacts and benefits to the public;

e. The siting criteria and recommendations provided by the joint County/town of Friday Harbor task force, if it is established (applicable only to facilities located on San Juan Island);

f. Prevention of incompatible uses adjacent to general aviation airports;

g. The extent to which design features or operational conditions can eliminate or reduce unwanted project impacts; and

h. Whether the site is capable of being redesignated to an appropriate land use designation, i.e., whether it is capable of meeting the Comprehensive Plan goals and policies for a designation that allows the proposed essential public facility.

4. The applicant shall prepare an analysis and comparison of the potential site using the criteria described above.

5. The department and applicant shall hold a public meeting to discuss the analysis and the potential sites. At least 45 days prior to the meeting, the department shall provide notice in the legal section of the official County newspaper, and at least 45 days prior to the meeting, notice shall be mailed to all owners of property within 500 feet of the parcel boundaries of the sites under consideration.

6. Following this meeting the applicant shall select the site and prepare a written request to the County council for approval of the site and authorization to apply for redesignation of the site. This request shall include a conceptual description of the facility, a conceptual site plan, an explanation of the need for the facility, an explanation of the methodology used to select the site, the analysis and comparison of sites that were considered, and an explanation of why the proposed site was selected.

7. After receiving such a request, the County council shall conduct a public hearing to accept public input. At least 45 days prior to the hearing, the County shall provide notice in the legal section of the newspaper of record, and at least 45 days prior to the hearing notice shall be mailed to all owners of property within 1,000 feet of the parcel boundaries of the proposed site.

8. If the council finds that the proposal is appropriate and in the public interest based on the above selection criteria, analysis and testimony, it shall approve the site and authorize application for redesignation.

If the request is denied, the council shall state the reasons for denial, shall identify preferred alternative sites, and shall identify actions the applicant can take to gain approval of a site.

D. Existing Nonconforming Essential Public Facilities. Where an existing essential public facility (EPF) or a proposed expansion of an existing facility is nonconforming, it may be expanded on site or in combination with an adjacent parcel or parcels provided the County council holds a public hearing and determines that any nonconformity with respect to County regulations regarding critical areas or resource lands will not be increased and that the public benefits of expanding the facility in the existing location outweigh the economic, social and environmental impacts associated with relocating the facility. After said determination, the hearing examiner is vested with the authority to consider an application for expansion according to the essential public facility conditional use permit procedures of Chapter 18.80 SJCC.

E. Where a facility is located or proposed in an appropriate land use, but cannot meet one or more of the development standards included in SJCC Title 16 or 18, the proposal may be approved with an essential public facility conditional use permit as provided in Chapter 18.80 SJCC. (Ord. 1-2020 § 2; Ord. 25-2012 § 9; Ord. 10-2011 § 2; Ord. 2-2010 § 3; Ord. 52-2008 § 7; Ord. 12-2001 § 4; Ord. 4-2001 § 1; Ord. 2-1998 Exh. B § 3.3. Formerly 18.30.050(E))

18.30.060 Master planned resorts – Special provisions.

“Master planned resort” is an activity center designation established under the Comprehensive Plan.

A. Allowable Uses.

1. Initial Determination. Allowable uses and their locations within a master planned resort are determined during the development of the master plan. The SJC planning director shall recommend such uses and any conditions for uses to be considered allowable. The BOCC then determines these uses as part of the approval of the master plan.

2. Changes in Uses. Subsequent changes in uses or in the location of allowable uses at master planned resorts are handled through amendments to the master plan.

a. Recognizing that a master planned resort may require small changes to facilities and services in response to changing customer demand or markets, some degree of flexibility for the resort is desirable. Such flexibility eliminates the need for every change to be processed as a master plan amendment. Accordingly, Table 18.30.030, Allowable and Prohibited Uses in Activity Center Land Use Designations, identifies those uses which may be allowed by the administrator without a master plan amendment after establishment of the master planned resort.

b. The list of uses in Table 18.30.030 that may be allowed after establishment of a master planned resort is only to be used for changes to the uses in an approved master plan. It is not intended to, in any way, indicate which land uses or activities are appropriate to or may be approved for any particular master planned resort.

B. Residential Densities and Uses.

1. Residential Density. A mix of urban and suburban development densities may be established within an MPR activity center but must be integrated into and support the on-site recreational nature of the resort. This is determined at the time of master plan approval.

2. Residential Density in the Vicinity of the Resort. New urban and suburban land uses and densities are prohibited outside the boundaries of the MPR activity center.

C. Self-Contained Development. All necessary supportive and accessory on-site urban-level commercial and other services should be contained within the boundaries of the MPR activity center, and such services shall be oriented to serve the MPR. However, an outside service provider (including a municipality or special purpose district) may provide sewer, water, stormwater, security, fire suppression, or emergency medical services to the resort; provided, that all costs associated with service extensions and capacity increases directly attributable to the master planned resort are fully borne by the resort. A master planned resort and service providers may enter into agreements for shared capital facilities and utilities; provided, that such facilities and utilities serve only the master planned resort or urban growth areas.

D. Master Plan Amendments. The procedures and process for adopting or amending a master plan are as provided in SJCC 18.90.060 and in the particular master plan.

E. Planned Unit Development Applications. Any new development and any new phase of development in an MPR land use designation, except as provided in SJCC 18.90.060(D)(5), requires the approval of a planned unit development as provided in SJCC 18.90.060. A phase that is consistent with the approved master plan will not require a master plan amendment. (Ord. 25-2012 § 10; Ord. 11-2000 § 4; Ord. 2-1998 Exh. B § 3.4)

18.30.070 Rural, resource, and special lands – Special provisions.

A. Agricultural and Forest Resource Lands. On all agricultural or forest resource lands (AG and FOR), the maximum area of development which is not related to agricultural or forestry uses and activities shall be limited to 20 percent of the parcel area, but not less than one acre, regardless of the assigned density. Further, in the division of a parcel by any means, the allowable area for conversion of the parent parcel to nonfarm and/or nonforestry use shall not be exceeded. This shall not apply to parcels smaller than five acres.

B. Conservancy Designations.

1. Practices for the maintenance of indigenous plants, for continuous growth of desirable tree and plant species native to the site, and for uses which do not involve physical development or alteration of property shall be allowed outright.

2. Uses which require physical development or alteration of property must protect the conservancy resource. The uses may only be approved by the decision-maker if this protection is ensured.

3. Residential Density. The maximum in allowable residential densities for conservancy parcels are as described in SJCC 18.30.020(D)(7).

4. All residential development on publicly owned conservancy lands shall require a conditional use permit.

C. Natural Designations.

1. Residential Density. One residential unit is allowed per legal lot of record. Land division is prohibited.

2. Required Permits and Use Limitations.

a. Practices for the maintenance of indigenous plants, for continuous growth of desirable tree and plant species native to the site, and for uses which do not involve physical development or alteration of property shall be allowed outright.

b. Uses which require physical development or alteration of property are prohibited unless otherwise indicated in Table 18.30.040. The natural resource must be protected, and the uses may only be approved by the decision-maker if this protection is ensured.

c. Cultural facilities shall be limited to those designed for the purpose of conserving or interpreting the natural or cultural history of the property or for the education of visitors about its natural or cultural resources. Any such facility shall be small in scale, shall leave the majority of the site undisturbed, and shall have no more than a minimal impact on the character or value of the natural area.

d. At Madrona Point on Orcas, if any provision of this section is in conflict with the terms or intent of the 1989 Agreement between the County and the Lummi Indian Tribe (executed under authority of 25 U.S.C. Section 465 and recorded under San Juan County Auditor’s File Number 90164328), the 1989 agreement shall prevail. (Ord. 25-2012 § 11; Ord. 7-2005 §§ 4, 5; Ord. 11-2000 § 4; Ord. 2-1998 Exh. B § 3.5)

Article II. Overlay Districts*

* Code reviser’s note: Article II of this chapter has been recodified to Chapter 18.35 SJCC, Article I.

Article III. Specific Overlay District Regulations*

* Code reviser’s note: Article III of this chapter has been recodified to Chapter 18.35 SJCC, Article II.

Article IV. Subarea Plans, Interim Controls and Development Standards

18.30.190 Subarea plans.

Subarea plans provide goals, policies and may provide regulations which are consistent with but more specific than the general provisions of the Comprehensive Plan and development code. They are developed to meet the needs of a particular geographic area or to manage a particular resource. Chapter 18.90 SJCC includes procedures for creating and amending subarea plans. Adopted subarea plans include:

A. The Eastsound subarea plan, Article VIII of this chapter, and any amendments thereto.

B. The Shaw Island subarea plan, Chapter 16.45 SJCC, and any amendments thereto.

C. The Waldron Island Limited Development District subarea plan, Chapter 16.36 SJCC, and any amendments thereto.

D. The Lopez Village subarea plan, and any amendments thereto.

E. The San Juan Islands Trust Lands Management Plan, adopted by the county (Ordinance No. 86-1986).

F. The San Juan County Open Space and Conservation Plan, adopted in 1991 (Ordinance No. 124-1991), and any amendments thereto. (Ord. 11-2019 § 8; Ord. 25-2012 § 18; Ord. 10-2012 § 19; Ord. 2-1998 Exh. B § 3.7)

18.30.195 Activity center plans.

Activity center plans also provide goals, policies and regulations which are consistent with but more specific than the general provisions of the Comprehensive Plan and development code. An activity center is synonymous with a “limited area of more intense development” as defined by RCW 36.70A.070(5)(d), and they are largely defined by the built environment as it existed in 1991. The Comprehensive Plan identifies five types of activity center, and 13 individual activity centers. Adopted activity center plans include:

A. Olga Hamlet plan (Ord 10-2006).

B. Deer Harbor Hamlet plan (Ord. 26-2007).

C. Orcas Village activity center (Ord 46-2008).

D. Country Corner Island center (LAMIRD). (Ord. 25-2012 § 19)

18.30.200 Interim controls in village and hamlet activity centers (Westsound and Doe Bay).

A. Purpose. To provide temporary controls for the development of certain activity centers, for which location-specific designations and standards have not yet been developed, until such designations and standards are adopted.

B. Applicability. This section shall apply to residential, commercial and industrial development within the rural activity center boundaries shown on the activity center official maps for the following: Westsound and Doe Bay.

C. Standards.

1. Building Height. Building height shall not exceed 30 feet unless more than one taller building exists in the activity center, in which case the height standards in Chapter 18.60 SJCC shall apply. Unless specified elsewhere in this section, building height shall be as determined as per height standards in SJCC 18.50.540(A)(3) for residential shoreline properties, or per SJCC 18.60.050 for nonshoreline properties.

2. Building Scale. The construction of any commercial or industrial building or buildings which exceed 5,000 square feet in gross usable area within any structure, or cumulatively on a single parcel, is prohibited. No multifamily residential building, or complex of residential buildings on a single parcel, shall include more than three dwelling units.

3. Use. Commercial and industrial uses are allowed subject to the provisions of this section and Table 18.30.030. Other uses are subject to the provisions of Table 18.30.030. No industrial use shall be established prior to the adoption of a village or hamlet industrial designation and map for the affected activity center. However, the expansion of an existing industrial use allowed by Table 18.30.030 is allowable.

4. Landscaping and Open Space. Include open or landscaped areas as listed in Table 6.1, SJCC 18.60.050, Density, Dimension, and Open Space Standards.

5. Moorage Structures. Moorage structures in the village and hamlet activity centers are regulated as per SJCC 18.50.320 and 18.50.330.

D. Density Bonus for Affordable Housing in the Bonus Density Residential District in the Doe Bay Hamlet Activity Center. The location of this bonus density district is shown on the official maps. Within this district:

1. The base allowable residential density of the bonus density district in Doe Bay hamlet shall be one dwelling unit per five acres. The maximum allowable residential density with the affordable housing bonus shall be two dwelling units per acre.

2. Dwelling units above the base density will be allowed only for a development that provides a minimum of 25 percent of the proposed residential units (base units plus bonus units) as affordable housing as specified in SJCC 18.60.260.

3. The number of dwelling units permitted in a development providing a minimum of 25 percent of the proposed residential units as affordable housing is the lesser of:

a. The number of dwelling units allowed by the base allowable residential density, plus 1.5 times the number of affordable housing units provided, rounded down to whole units; and

b. The number of dwelling units allowed by the maximum allowable residential density shown on the official maps.

E. Review. The level of application review shall be as specified in Table 18.30.030. In village and hamlet activity centers, the Residential column shall be used to determine whether a residential use is allowed and what permit level is required; for all other proposed uses, the Commercial column shall be used. Industrial uses are limited by the provisions of this section.

F. Sunset. The interim controls of this section will end for a given activity center named in subsection (B) of this section when the location-specific designations and standards are adopted by the County council. (Ord. 25-2012 § 20; Ord. 46-2008 § 7; Ord. 26-2007 § 1; Ord. 2-2005; Ord. 12-2001 § 4; Ord. 11-2000 § 4; Ord. 2-1998 Exh. B § 3.8)

18.30.210 Land use controls in Lopez Village urban growth area, the Lopez Village growth reserve area, and the Lopez marine center LAMIRD.

A. Purpose. To provide controls for development of the Lopez Village urban growth area, the Lopez Village growth reserve area and the Lopez marine center LAMIRD.

B. Article IX of this chapter contains specific development regulations and standards for all new development, and all substantial alterations within the boundaries of Lopez Village urban growth area.

C.1. The designations in Table 18.30.750, Land Use Table – Lopez Village Urban Growth Area Land Use Designations (SJCC 18.30.750) apply to the entire Lopez Village urban growth area, except as modified by SJCC 18.60.220(D) for planned unit developments.

a. Land uses are allowed subject to the provisions of this section and Table 18.30.750 (SJCC 18.30.750).

D. Land Use Controls in the Lopez Village Growth Reserve Area.

1. The Lopez Village growth reserve area must follow the land use designation standards of the rural farm forest (RFF) as listed in Table 18.30.040, Allowable and Prohibited Uses in Rural, Resource, and Special Land Use Designations, which allows a current density of one unit per five acres except that new development and associated improvements and structures shall be located on the property so that they must not preclude future potential development as a density of four units per acre or greater in the growth reserve area.

2. Land divisions must provide remainder lots that will allow an average density with the division of four units per acre or greater.

3. The following note must be on the face of the plat of all subdivisions and short subdivisions and on all deeds filed as part of an exempt division:

This land division is located within a growth reserve area. This land division has been designed in a manner to allow the future redivision to achieve an average density of four homes per acre.

E. Marine Center LAMIRD. The Lopez area marine center LAMIRD (limited area of more intense rural development) must be governed by the village commercial (VC) land use designation as listed in SJCC 18.30.030, Table 18.30.030, Allowable and Prohibited Uses in Activity Center Land Use Designations, and will allow a residential density of four dwelling units per acre. (Ord. 11-2019 § 9; Ord. 25-2012 § 21; Ord. 9-2005 § 2; Ord. 2-2001; Ord. 11-2000 § 4; Ord. 2-1998 Exh. B § 3.9)

18.30.220 Land use standards in residential activity centers.

A. Purpose. To provide standards for the development of residential activity centers.

B. Applicability. This section shall apply to development within the boundaries shown on the official maps for residential activity centers.

C. Standards.

1. Minimum parcel size is 0.5 acre (except as provided for PUD development in subsection (D) of this section).

2. Allowed Uses. The allowable and prohibited uses of the rural residential land use designations in Table 18.30.040 apply to the entire residential activity center areas. Single-family and multifamily residential accessory uses are allowed subject to the provisions of this section and Table 18.30.040.

3. Building Height. Building height shall not exceed 30 feet unless more than one taller building exists in the residential activity center, in which case the height standards of the hamlet residential designation in Table 6.1 in SJCC 18.60.050 shall apply.

4. Landscaping and Open Space. Include open or landscaped areas as listed for the hamlet residential designation in Table 6.1 in SJCC 18.60.050, except where project-specific standards are required as a condition of approval of a PUD under subsection (D) of this section and SJCC 18.60.220.

5. Water and Sewer Services.

a. Urban-level water service and fire-suppression flow may be provided in any part of these residential activity centers.

b. Sewer service may be provided to any part of the Rosario residential activity center.

D. Bonus Density District and Planned Unit Development. The locations of bonus density districts are shown on the official maps. Development may occur in the bonus density district in the following ways:

1. Development without a Planned Unit Development Application. Single-family residential development may occur without a PUD application under the following conditions:

a. Rosario Residential Activity Center.

i. The maximum allowable residential density is one dwelling unit per two acres.

ii. Minimum parcel size is 0.5 acre.

2. Development with a Planned Unit Development Application. Using the PUD procedures of SJCC 18.80.160 and meeting the requirements and standards of SJCC 18.60.220:

a. Rosario Residential Activity Center.

i. The base allowable residential density is one dwelling unit per two acres.

ii. Maximum allowable residential density for development under the affordable housing provisions and bonuses of SJCC 18.60.220 is two dwelling units per acre. (Ord. 25-2012 § 22; Ord. 14-2001 § 5; Ord. 11-2000 § 4; Ord. 2-1998 Exh. B § 3.10)

18.30.230 Residential development standards in island centers, rural industrial and rural commercial designations.

A. Purpose. To protect the limited rural areas available for commercial and industrial development from the location of incompatible residential development.

B. Applicability. This section shall apply to island center activity centers, rural industrial, and rural commercial land use designations.

C. Residential Development Standard.

1. One dwelling unit per parcel is allowed.

a. The unit must be an accessory to a commercial, institutional, or industrial use, and must be subordinate to the commercial, institutional, or industrial structure. The dwelling unit shall not be constructed prior to the establishment of the primary commercial, institutional, or industrial use, but may be constructed concurrently.

b. Notwithstanding the definition of “dwelling unit” in SJCC 18.20.040, the dwelling unit may not include an accessory dwelling unit in addition to the main residence.

2. All other new residential development is prohibited. (Ord. 2-2023 § 3; Ord. 25-2012 § 23; Ord. 21-2002 § 4; Ord. 11-2000 § 4; Ord. 2-1998 Exh. B § 3.11)

18.30.240 Village and hamlet activity center plans.

Repealed by Ord. 25-2012. (Ord. 10-2006)

18.30.245 Olga Hamlet Plan – Categories of uses.

Yes =	Uses allowed outright (i.e., without a project permit), subject to the applicable development standards (Chapter 18.60 SJCC); if a building or other construction permit is required, this use is subject to administrative consistency review; see SJCC 18.80.070.
Prov =	Provisional use. Subject to administrative consistency review for compliance with Chapter 18.60 SJCC, Development Standards, and Chapter 18.40 SJCC, Performance and Use-Specific Standards, specific to the use; see SJCC 18.80.080.
D =	Discretionary use. A discretionary use subject to administrative permit approval and consistency with Chapter 18.60 SJCC, Development Standards. The administrator may require a conditional use permit based on project impacts; see SJCC 18.80.090 and Table 8.2.
C =	Conditional use. Subject to public notice and permit hearing procedure; see SJCC 18.80.100.
No =	Prohibited use.

Land Use OLGA HAMLET (As defined and used in the County Unified Development Code)	Olga Hamlet Designation
	OHC	OHCC	HR
	Commercial	Community	Residential
Commercial Uses
Animal Shelters and Kennels	No	No	No
Automotive Service and Repair	No	No	No
Bed and Breakfast Inn	No	No	No
Bed and Breakfast Residence	Prov	Prov	Prov (5)
Camping Facilities	No	No	No
Day Care with 1 – 6 Children	No	Prov	Prov (5)
Day Care with 7+ Children	No	No	No
Drinking Establishment	No	No	No
Eating Establishment	C	C	No
Hotel/Motel	No	No	No
Indoor Entertainment Facility	No	No	No
Nursing Homes	No	No	No
Personal and Professional Services	Yes	C	No
Residential Care Facilities with up to 4 persons	Prov (6)	Prov (6)	Prov (5), (6)
Residential Care Facilities with 5 to 15 persons	No	No	No
Resorts and Camps, New	No	No	No
Retail Sales and Services	C	C	No
Warehouse, Mini-Storage, and Moving Storage Facilities	C	C	No
Unnamed Commercial Uses (8)	No	No	No
Industrial Uses
Bulk Fuel Storage Facilities	No	No	No
Concrete and Concrete Batch Plants	No	No	No
Construction Yards	No	No	No
Feedlots	No	No	No
Garbage and Solid Waste Transfer Stations	No	No	No
Heavy Equipment Rental Services	No	No	No
Heavy Industrial	No	No	No
Light Industrial	No	No	No
Light Manufacturing	No	No	No
Lumber Mills, Stationary	No	No	No
Outdoor Storage Yards	No	No	No
Reclamation of Mineral Extraction Sites	No	No	No
Recycling Center	No	No	No
Recycling Collection Point	No	No	No
Resource Processing Accessory to Extraction Operations	No	No	No
Mining and Mineral Extraction Activities	No	No	No
Wholesale Distribution Outlet	No	No	No
Wrecking and Salvage Yards	No	No	No
Storage and Treatment of Sewerage, Sludge, and Septage – Lagoon Systems	No	No	No
Unnamed Industrial Uses	No	No	No
Public and Institutional Uses
College or Technical School/Adult Education Facility	C	C	No
Community Club or Community Organization	C	C	No
Emergency Services	C	C	No
Government Offices	No	No	No
Institutional Camps	No	No	No
Library	Yes	C	No
Museum	Yes	Yes	No
Post Office	Yes	Yes	No
Religious Assembly Facility	C	C	No
School, Primary and Secondary	C	C	No
Unnamed Institutional Uses	No	No	No
Recreational Uses
Camping Facilities in Public Parks	No	No	No
Indoor Recreation Facilities	No	No	No
Outdoor Recreation Developments	No	No	No
Parks	C	C	C
Playing Fields	No	No	No
Recreational Vehicle Parks	No	No	No
Outdoor Shooting Ranges	No	No	No
Unnamed Recreational Uses	No	No	No
Residential Uses
Cottage Enterprise	Prov	Prov	D
Farm Labor Accommodations for Persons Employed in Agricultural Production on the Premises	No	No	No
Farm Stay	No	No	No
Home Occupation	Yes	Yes	Yes
Mobile Home Parks	No	No	No
Multifamily Residential Units (3+ units)	Yes	C	No
Rural Residential Cluster Development	No	No	C
Single-Family Residential (1 unit only), or Accessory Apartment (1 unit only) Accessory to an Allowable Nonresidential Use	Yes	Yes	Yes
Single-Family Residential Unit	Yes	Yes	Yes
Two-Family Residential (Duplex) (9)	Yes	Yes	Yes
Vacation Rental of Residence or Guest House (Accessory Dwelling Unit)	No	No	C (5)
Unnamed Residential Uses	No	No	No
Transportation Uses
Airfields	No	No	No
Airports	No	No	No
Airstrips	No	No	No
Hangars	No	No	No
Helipads	No	No	No
Ferry Terminal	No	No	No
Parking Lots, Commercial	No	No	No
Parking Structures	No	No	No
Streets, Public	Yes (7)	Yes (7)	Yes (7)
Trails and Paths, Public	Yes	Yes	Yes
Unnamed Transportation Uses	C	C	C
Utilities Uses
Commercial Communication Towers	No	No	No
Commercial Power Generation Facilities	No	No	No
Community Sewerage Treatment Facilities	No	No	No
Storage and Treatment of Sewerage, Sludge, and Septage – Systems Other Than Lagoons	No	No	No
Utility Distribution Lines	Yes	Yes	Yes
Utility Facilities	No	No	No
Utility Substations	No	No	No
Utility Transmission Lines	D	D	D
Water Storage Tanks, Community	C	C	C
Water Treatment Facilities	C	C	C
Stormwater Conveyance and Treatment Facilities	C	C	C
Unnamed Utility Uses	No	No	No
Agriculture and Forestry Uses
Agricultural Processing Retail and Visitor-Serving Facilities for Products	No	No	No
Agricultural Uses and Activities	No	No	D
Forest Practices (4), No Processing	No	No	Yes
Lumber Mills, Portable	No	No	No
Nurseries	Yes	C	C
Retail Sales of Agricultural Products	Prov	Prov	C
Small-Scale Slaughterhouses	No	No	No
Unnamed Agricultural and Forestry Uses	No	No	No

Notes:

1. All uses must be consistent with the purpose of the land use district in which they are proposed to occur. All land uses in all districts must meet the general regulations in SJCC 18.30.050 unless otherwise stated therein.

2. A land use or development proposed to be located entirely or partly within 200 feet of the ordinary high water mark of a regulated shoreline is within the jurisdiction of the Shoreline Master Program, and is subject to the applicable provisions of Section 3 of the Comprehensive Plan and of Chapter 18.50 SJCC as well as the applicable provisions and permit requirements indicated in this table. Please refer to Chapter 18.50 SJCC for specific use regulations and regulations by shoreline environment; see also SJCC 18.80.110 for shoreline permit requirements.

3. The assignment of allowed and prohibited uses may not directly or indirectly preclude the siting of “essential public facilities” (as designated in the Comprehensive Plan; see also the definition in SJCC 18.20.050) within the County. See SJCC 18.30.055.

4. Forest practices (including timber harvesting), except for Class IV General (see SJCC 18.40.120), are regulated by the Washington Department of Natural Resources.

5. Commercial uses in the Hamlet Residential district are allowable only as accessories to existing residential use on the same parcel.

6. Residential care facilities shall not exceed four occupants other than the operator(s).

7. The surface of Olga Road should not be widened beyond 2005 conditions except upon demonstration that the work is necessary for public safety.

8. For purposes of this plan, unnamed commercial use includes commercial moorage facilities and the commercial use of any other moorage facility.

9. Four on-site parking spaces shall be provided for duplex units and these spaces shall be identified on a site plan with submittal of a building permit application.

(Ord. 2-2018 § 3; Ord. 10-2006 Exh. A)

18.30.246 Olga Hamlet Plan – Design standards.

The following design standards are adopted in order to preserve the traditional community character of Olga. The districts in which these standards apply are mapped in Figure 4 below.

A. Structure Height Limits – Measurement Methods.

1. Where the natural grade remains unchanged the structure height shall be measured as by a plumb line from every point on the roof to the natural grade (NG). Natural grade shall mean the existing grade prior to any human modification. See Figure A below.

2. Where the natural grade has been cut at any point around the structure footprint, the structure height shall be measured as by a plumb line from every point on the roof to the altered grade elevation (AGE). See Figure B below.

3. Where fill material has been added to the natural grade, the structure height shall be measured as by a plumb line from every point on the roof to the natural grade. Artificially created grades shall be included in computing the structure height above natural grade. See Figure C below.

B. Setbacks and Height Limits for the Olga Road Historic District. The purpose of height and setback limits is to retain the feeling of small units within the open space along Olga Road, with most units having substantial setbacks and front yards. The lower height limit in front is intended in part to maximize the view of all parcels up and down Olga Road and to keep a relatively wide view corridor down Olga Road from Point Lawrence Road to Olga Park Lane.

1. Forty-seven-foot front yard setback from the Olga Road centerline.

2. Ten-foot front yard setback from other rights-of-way.

3. Sixteen-foot height limit within 47 feet to 57 feet from the Olga Road centerline.

4. Twenty-two-foot height limit on the rest of each parcel.

Combined with the 45-foot right-of-way width, these setback standards provide for a 115-foot width to the open view corridor down Olga Road.

C. Setback and Height Limits for Olga Park Lane Historic District. The purpose of the height and setback limits on Olga Park Lane is to retain the character of small structures along an intimate wooded lane. Contrasting with the character of Olga Road, Olga Park Lane is characterized by small, closely spaced structures on the water side of the road, with very little development on the land side. The natural landscape is heavily wooded, in contrast to the open lawns and with scattered remnant orchard trees and occasional large trees found along Olga Road. In order to prevent potential future land-side structures from dramatically changing this character, and to preserve the views from land-side parcels over the water-side structures, the following height and setback limits are adopted:

1. Twenty-two-foot front yard setback from the Olga Park Lane centerline.

2. Twenty-two-foot height limit from existing natural grade on water-side properties on their Olga Park Lane frontage.

3. Twenty-five-foot height limit from natural grade on other frontages and on land-side parcels.

D. Setback and Height Limits in the Remainder of Olga.

1. Ten-foot front yard setback from right-of-way.

2. Twenty-five-foot height limit from natural grade.

E. Building Floor Area and Lot Coverage. The purpose of the building floor area and lot coverage limits is to retain the appearance and feeling of small structures in open space that is the current character of Olga along Olga Road, and to prevent infill structures from substantially changing this appearance. Larger structures are permitted on larger lots. These limits apply to the entire hamlet in order to prevent unusually large structures from being introduced which would dramatically change the character of the community.

Lot Area:	Permitted Floor Area of Residential Structures:	Maximum Lot Coverage (all structures):
Up to 6,000 sq. ft.	1,500 sq. ft.	1,500 sq. ft.
6,000 – 10,000 sq. ft.	25% of parcel area	25%
10,001 to 43,560 sq. ft.	2,500 sq. ft.	25% to 4,000 sq. ft.
More than 1 acre	3,000 sq. ft. + 500 sq. ft. per additional dwelling unit including accessory dwelling units	10%

In calculating lot coverage, the area enclosed by foundations, floors and frames of homes, garages, shops, carports and other outbuildings is considered. Roof overhang areas are not considered. The floor area of a residential structure includes the area of an attached garage.

F. Roof Pitch. The primary roof pitch for structures in the Olga Road Historic District must be gabled with a rise:run ratio of at least 5:12 and not greater than 12:12. Dormers within the primary roof pitch shall have a rise:run ratio of no less than 2:12 and be set back a minimum of two feet from the end walls and one foot from the drip edge. (Ord. 10-2006 Exh. A. Formerly 18.30.245(B))

18.30.247 Olga Hamlet Plan – Density bonus for affordable housing.

In order to provide for the potential to develop additional dwellings specifically for the purpose of providing affordable housing, up to 15 affordable housing bonus units may be developed within the boundary of Olga Hamlet.

Affordable housing bonus units may be developed on an existing parcel, or additional parcels may be created for affordable housing bonus units subject to the following limitations:

A. The maximum density on an existing parcel resulting from the addition of affordable housing density bonus units or division for affordable housing density bonus units may not exceed two dwelling units per acre. Parcels created under these provisions shall be deed restricted to prevent further division that would exceed this density within the boundary of the original parcel.

B. The maximum parcel size for a separate parcel created specifically for affordable housing density bonus units may not exceed one-quarter acre per dwelling unit.

C. Any parcel created for the purpose of constructing affordable housing density bonus units shall be subject to a restrictive use easement to San Juan County limiting the use of the parcel to affordable housing under such terms as the County may require.

D. Any parcel on which an affordable housing density bonus unit is created shall be subject to a restrictive use easement to San Juan County for that portion of the parcel on which the affordable housing unit is located and including any exterior areas designated for use as yard area or area for accessory structures for the affordable housing unit, under such terms as the County may require. (Ord. 10-2006 Exh. A. Formerly 18.30.245(C))

Article V. Deer Harbor Hamlet Plan

18.30.250 Deer Harbor plan review committee.

A. Creation. The Deer Harbor plan review committee is established under authority of this plan by the San Juan County council.

B. Composition. The Deer Harbor plan review committee shall consist of seven members, resident in Deer Harbor and its environs, who shall be appointed by the County council for terms of two years each so that terms of all members do not coincide. Terms of four members shall be for one year from the date of adoption of the ordinance codified in this article and the terms of three members shall be for a period of two years from the anniversary of the date of adoption.

C. Purpose. The purpose of the Deer Harbor plan review committee is to advise the San Juan County planning commission on land use and development matters affecting Deer Harbor. The Deer Harbor plan review committee would also be responsible for carrying out studies sufficient to enable an informed decision regarding the location of the community center and other issues of importance to the future planning efforts. In addition to the tasks noted above, the Deer Harbor plan review committee is responsible for developing architecture and building design guidelines that may be adopted at a future date.

D. Authority. The Deer Harbor plan review committee shall have authority and responsibility to:

1. Review this plan at least once every five years from the date of adoption; following such review the committee may recommend to the County council amendments designed to achieve more effectively the purposes and policies of this plan; review and amendment procedures shall be as set out in SJCC 18.90.050;

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

3. Monitor applications and County permit approvals for other developments within Deer Harbor to enable effective and comprehensive review of this plan;

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

5. Fulfill the above responsibilities by action in accordance with bylaws for conduct of the Deer Harbor plan review committee adopted by the County council;

6. As the full committee or a subcommittee appointed by the chair, hold regular meetings with representatives of the community and development department and the public works department, for the exchange of information about plans for the extension of services or improvements to facilities within Deer Harbor; and

7. In order to enable the committee to fulfill its duties and to be adequately informed about pending land use applications in the subarea, the planning director will provide the committee with: (a) current summary reports of all pending land use applications; and (b) complete copies of all applications requested by Deer Harbor plan review committee.

E. Appeals. The actions of the Deer Harbor plan review committee are recommendations and therefore not subject to appeal. (Ord. 26-2007 § 4)

18.30.260 Commercial zoning requirements.

A. In order to prevent future random, unplanned and scattered mixed land uses in the hamlet, and to preserve the rural character while providing these services, all new commercial zoning must be located and confined to an area designated as the community center “overlay district” and will only be allowed as part of an approved community center planned unit development. The community center planned unit development must reflect the preferred development standards detailed in SJCC 18.30.280.

B. Establish a community center overlay district that follows Deer Harbor road between the southern edge of the Deer Harbor Inn to the northern parcel of the Resort at Deer Harbor. The community center will only be developed within this zone on parcels with frontage that are no less than one acre. Development of the community center must be accomplished through the planned unit development process of SJCC 18.80.160. (Ord. 26-2007 § 5)

18.30.270 Deer Harbor community center overlay district.

A. Purpose. To implement the policy of the Deer Harbor Hamlet plan. The Deer Harbor community center overlay district is intended to protect the public, health, safety and welfare by solely limiting the area in the Deer Harbor Hamlet where the community center planned unit development may be constructed.

B. Applicability.

1. The Deer Harbor community center overlay district shall include those parcels that front on both sides of Deer Harbor Road and will extend from the southern edge of the Deer Harbor Inn to the northern edge of the Resort at Deer Harbor (as indicated in Figure 1 of the Deer Harbor Hamlet plan) within the Deer Harbor Hamlet.

2. All new commercial land use district designations within the Deer Harbor Hamlet must be part of a planned unit development on parcels of no less than one acre that have road frontage, that reflect the preferred development standards and must occur within the Deer Harbor community center overlay district.

C. General Regulations.

1. The community center planned unit development is subject to the requirements of SJCC 18.60.120, the procedural requirements of SJCC 18.80.160 and shall reflect the preferred community center development standards.

2. The community center planned unit development is limited to one PUD on contiguous lots within the community center overlay district. (Ord. 26-2007 § 6)

18.30.280 Community center development standards.

A. Purpose. To aid the formation of the community center planned unit development that encompasses both commercial and civic uses within a unified and coherent design regime that is responsive to community needs and community values.

B. Applicability. The development standards that shall guide the community center planned unit development are not regulatory so much as advisory. When evaluating proposals for the community center planned unit development, the administrator shall consider the complete application and the consistency of the proposal with the intent and scope and scale of the development standards for the community center planned unit development.

C. General.

1. Minimum Parcel Size. The minimum size parcel is one acre.

2. Open Space.

a. Minimum of 50 percent integrated open space.

b. Open space must be connecting, rather than separated and isolated.

c. Open space includes parks, recreation areas, pedestrian walkways, buffers between the community center and adjacent uses, interior buffers, landscaped areas, patios, areas retained in natural open space, view corridors.

d. At minimum, provide pedestrian walkways throughout the community center, picnicking and public gathering areas.

e. Walkways shall be at least eight feet wide and connected with all existing and proposed pathways in the hamlet. This path must be part of the overall landscape plan, which shall provide safe separation between the paths and all structures and parking areas, except where these paths provide access to such structures and parking areas.

f. Provide 50-foot landscaped buffers between the community center boundaries and adjacent properties. Type “C” screening (see UDC, SJCC 18.60.160) shall be provided between the community center and adjacent residentially developed or designated properties.

g. Landscaped areas throughout the community center with a wide variety of trees, shrubs, and grasses. Landscaping should provide a connection between the built and natural environments and should create a softening of the built environment so that it does not dominate the area.

h. Sixty-foot setback from the center line of the existing public road.

i. No required setback between uses in the community center except as required by the International Building Code.

j. Provide view corridors at least 20 feet wide to visual points of interest.

3. Streets, Roads, and Access.

a. Right-of-way width – same as UDC, SJCC 18.60.090 and 18.60.100 (50 feet if public, 30 feet if private).

b. Roadway width – same as UDC, SJCC 18.60.090 and 18.60.100 (20 feet wide for private, not mentioned for public).

c. No individual access to public roads, must be through common road or roads from community center to public roads, except for loading and unloading.

d. Provide loading and unloading areas (see SJCC 18.60.140, Off-street loading space requirements).

4. Parking.

a. UDC standards for number of spaces per use.

b. Parking nodes throughout community center district serving all the uses in the community center rather than at individual sites.

c. Parking lot interiors landscaped (see SJCC 18.30.350).

d. No single parking area greater than 30 spaces.

e. On-street parking allowed; provided, that parking spaces are located outside of the travel way and designed to not interfere with through traffic.

5. Utilities.

a. Demonstrate adequate potable water at preliminary stage. There must be a community system capable of serving all proposed uses in community center district.

b. Construct infrastructure for water and sewer at final stage prior to development commencing (may be phased to construct additional infrastructure as development occurs).

c. Demonstrate adequate area and suitability for handling sewage. Must be community system capable of serving all proposed uses in the community center district.

d. Storm drainage per UDC, SJCC 18.60.070.

6. Built Environment.

a. Buildings to be clustered and grouped to maximize open space.

b. Buildings shall be for multiple uses unless closely clustered, then single-use buildings allowed.

c. Provide for a mix of uses, including residential as accessory to an allowed nonresidential use and/or as multifamily.

D. Application Requirements.

1. Same as SJCC 18.80.160 (Procedures for planned unit developments).

2. Type, height, location of landscaping.

3. Walkways.

4. Open spaces.

5. Drainage plan.

6. Sewer plan.

7. Water plan.

8. Site plan.

9. Topography.

10. Open space calculation.

11. Building locations and sizes.

12. Road location, right-of-way width and surface area width, access to public roads.

13. List of proposed uses.

14. Phasing over 20 years.

15. Building elevations (approximate).

16. Floor plans to the extent known.

17. Grading plan per UDC.

E. Review Process.

1. Allowed uses may locate in community center only after review and approval of planned unit development.

2. Review process with preliminary review and approval and final approval upon compliance with conditions attached to preliminary review. Conditions would likely require construction of infrastructure such as road, water, sewer, drainage, landscaping, all phasing to specific time periods noted in the approval.

F. Changes to Uses in Community Center. Should allow flexibility for changes as uses locate within the community center; provided, that applicants demonstrate compliance with the intent and scope and scale of the approved site plan. (Ord. 26-2007 § 7)

18.30.290 Land use designations.

The Deer Harbor Hamlet has four distinct land use designations: hamlet residential (HR), hamlet commercial (HC), hamlet industrial – A (HI-A) and hamlet industrial – B (HI-B).

A. Hamlet Industrial – A. Existing boat storage, haul out, repair and marine sales and service businesses alongside of the fabrication and sales of environmentally friendly products at the Deer Harbor Boat Works (TPN 260724003A) as detailed in SJCC 18.30.330 are allowable uses in the hamlet industrial designation – A; however, expansion of the current scale and scope of these existing uses is subject to a conditional permit review.

B. Hamlet Industrial – B. Existing activities occurring on the Cookston/Connor property (TPNs 260752001 and 260633013 respectively) as detailed in SJCC 18.30.330 associated with the building, logging, excavation and construction trades are allowable uses in the hamlet industrial designation – B; however, expansion of the current scale or scope of these existing uses is subject to a conditional permit review.

C. Hamlet Commercial. Existing and established businesses, such as the Resort at Deer Harbor, Deer Harbor Inn, Deer Harbor Marina and Cayou Quay Marina, are permitted in the hamlet commercial designation; however, an increase to the existing scale or scope of services is allowable only under the conditional review provisions of the UDC (see Table 18.30.310).

D. Hamlet Residential. Within hamlet residential designations, residential and limited commercial and institutional uses are permitted (see Table 18.30.310). In all areas in the Deer Harbor Hamlet with a residential density of one unit per two acres, a density bonus is available for construction of affordable housing units, up to a maximum density of one dwelling unit per half acre, as provided for in the planned unit development standards in the Unified Development Code (SJCC 18.60.220). A maximum of 25 percent of the dwelling units or up to 44 units are permitted within the boundary of the Deer Harbor Hamlet. (Ord. 25-2012 § 25; Ord. 26-2007 § 8(A), (B), (D), (E))

18.30.300 Residential bonus density district.

A. A floating zone with bonus density designations is shown on the official map of Deer Harbor Hamlet. Within the bonus density floating zone areas are those designations shown as hamlet residential 2*. The “2*” indicates areas of the hamlet where residential density is limited to one residence per two acres. The asterisk, which is appended to all such density designations, indicates that additional residential units will be permitted as a planned unit development, up to a maximum density of one unit per half acre, as a bonus for the provision of long-term affordable housing as defined in SJCC 18.60.260(D).

B. Bonus Density. The number of dwelling units permitted in a development providing a minimum of 25 percent of the proposed residential units as affordable housing is the lesser of:

1. One unit per two acres, plus 1.5 times the number of affordable housing units provided, rounded down to whole units; or

2. One unit per half acre.

3. Examples:

2 Acres	Market	Affordable	Bonus	Total
SFR	1	1	1.5	2
	1	2	3	4
	2	2	3	4
Duplex	1	1	3	4

C. Bonus Unit. A “bonus unit” is defined to be any residential unit in excess of the maximum density limitation which would prevail without consideration of the bonus herein provided.

D. Limitation on Credit. No more than 50 percent of the total residential units counted as affordable housing for the purpose of obtaining a density bonus shall be for middle-income households.

E. Maximum Number of Bonus Units. No more than 25 percent of the total residential units within the hamlet shall be bonus units.

F. Minimum Standards. The project shall comply with the following minimum standards:

1. All bulk and dimensional standards in Table 18.30.320.

2. At least 20 percent of the total land area (horizontally measured) of the project shall be set aside and maintained as common open space and landscaped area. Such open space shall not include:

a. Areas set aside to meet the requirements of natural environmental features and resource values, as described below;

b. Areas devoted to or available for motor vehicle circulation or parking;

c. Individual front, rear or side yards, and other areas not available or suitable for common use by project residents or the general public.

3. Construction of the affordable residences shall occur either concurrently or before construction of the other (market rate) residences, and no certificate of occupancy shall be issued to the other (market rate) residences until certificates of occupancy have been issued to all the affordable residences.

G. Preservation and Open Space. The project shall be designed to protect and preserve natural environmental features and resource values. It shall integrate open space within the development rather than providing it as an isolated element of the project and shall use such open space to enhance the visual compatibility of the project with the surrounding neighborhood.

H. Assurance of Affordability. Qualification for the affordable housing bonus will require the filing of a PUD application. No permits shall be issued until the long-term affordability requirements as specified in SJCC 18.60.260(D) have been assured. (Ord. 25-2012 § 26; Ord. 26-2007 § 9)

18.30.310 Permitted land uses.

All development and use within the exterior boundaries of the Deer Harbor Hamlet shall conform to the table of allowed land uses set forth in Table 18.30.310.

Table 18.30.310 Allowed Land Uses in Deer Harbor Hamlet1

Commercial Land Uses
LAND USES	HR	HC	HI-A	HI-B
Animal Shelters and Kennels	N	N	N	N
Automotive Service and Repairs	N	N	C	N
Bed and Breakfast Inn	C	C	N	N
Bed and Breakfast Residence	P	P/C	N	N
Camping Facilities	N	C	N	N
Day Care with 1 – 6 Children	P/C	P/C	N	N
Day Care with 7+ Children	C	C	N	N
Drinking Establishment	N	P	N	N
Eating Establishment	N	P	C	N
Hotel/Motel	C2	C	N	N
Indoor Entertainment Facility Theater	N	C	N	N
Category “A” Joint Use Wireless Facility4	Y	Y	Y	Y
Category “B” Joint Use Wireless Facility	P/C	P/C	P/C	P/C
Nursing Homes	N	P/C	N	N
Personal Wireless Service Facility, Co-Located on an Existing, Permitted Stand-Alone Tower, or Mounted to the Surface of an Existing Structure	P/C3	P/C	P/C	N
Personal Wireless Services Facility, Mounted on a Building Which Meets the Height Standard of the Land Use Designation, or a Facility Disguised or Camouflaged As an Allowable Exemption to the Height Standard	P/C	P/C	P/C	N
Personal Wireless Service Facility, other3	C	C	C	N
Personal and Professional Services	N	Y	N	N
Residential Care Facilities [1 – 6 persons]	C	P/C	N	N
Residential Care Facilities [7 – 15 persons]	N	C	N	N
Existing Resorts and Camps, Expansion of Existing Uses without Increase to Scope or Scale	N	C	N	N
Existing Resorts and Camps, Increase in Scope or Scale of Facilities and Services	N	C	N	N
Camps, New	N	N	N	N
Resorts, New	N	N	N	N
Retail Sales and Services	N	Y	Y	C
Vacation Rental of Residence or ADU	C	C	N	N
Warehouse, Mini-Storage, and Moving Storage Facilities	N	N	C	C
Auto Fuel Pumps	N	C	N	N
Unnamed Commercial Uses	N	C	C	C

1 All permitted land uses are subject to the performance and use-specific standards in Chapter 18.40 SJCC. For the purposes of this table, unnamed commercial uses include marinas and associated uses.

2 Only allowable on parcels of 30 acres or more.

3 To minimize commercial developments in residential neighborhoods, in lands designated HR wireless facilities other than joint use wireless facilities must be accessory to a legal conforming or nonconforming structure, and cannot be a primary land use.

4 Though a project permit is not required, these facilities are subject to the requirements for joint use wireless facilities found in Chapter 18.40 SJCC.

Industrial Land Uses
LAND USES	HR	HC	HI-A	HI-B
Bulk Fuel Storage	N	N	C	C
Concrete and Concrete Batch Plants	N	N	N	N
Construction Yard	N	N	C	C
Feedlots	N	N	N	N
Garbage and Solid Waste Transfer Stations	N	N	N	N
Heavy Equipment Rental Services (Incidental to Nonrental Primary Use of Equipment)	N	N	N	C
Heavy Industrial	N	N	N	N
Light Industrial5	N	N	C	C
Light Manufacturing5	N	N	C	C
Lumber Mills, Stationary	N	N	N	N
Outdoor Storage Yards	N	N	P/C	P/C
Recycling Center	N	N	N	N
Recycling Collection Point	N	N	C	N
Resource Processing Accessory to Extraction Operations	N	N	N	N
Mining and Mineral Extraction Activities	N	N	N	N
Reclamation of Mineral Extraction Sites	N	N	N	N
Wholesale Distribution Outlets5	N	N	C	C
Wrecking and Salvage Yards (Boat)	N	N	C	N
Storage and Treatment of Sewerage, Sludge, and Septage – Lagoon Systems	N	N	N	N
Unnamed Industrial Uses	N	N	C	C

5 Subject to low impact provisions of Table 8.2 of Chapter 18.80 SJCC.

Institutional Land Uses
LAND USES	HR	HC	HI-A	HI-B
College	N	N	N	N
Community Club or Community Organization Assembly Facility	C	P/C	N	N
Emergency Services	C	C	C	C
Environmental, Agricultural, Marine, Forestry, Aquacultural Research and Education Facilities	C	P/C	C	N
Government Offices	N	C	N	N
Institutional Camps	N	N	N	N
Library	N	P/C	N	N
Museum	C	P/C	C	N
Post Office	C6	C	N	N
Religious Assembly Facility	N	C	N	N
School, Primary and Secondary	C	C	N	N
Technical School/Adult Education Facility	N	C	C	C
Unnamed Institutional Uses	C	C	C	C

6 At least one part of the property must be located within 100 feet of either side of Deer Harbor Road or within 100 feet of Channel Road between Deer Harbor Road and the Bridge. Residential development standards shall apply.

Recreational Land Uses
LAND USES	HR	HC	HI-A	HI-B
Camping Facilities in Public Parks	N	N	N	N
Indoor Recreation Facilities	N	C	N	N
Outdoor Recreation Developments	N	C	N	N
Parks	C	C	C	N
Playing Fields	C	C	N	N
Recreational Vehicle Parks	N	N	N	N
Outdoor Shooting Ranges	N	N	N	N
Unnamed Recreational Uses	C	C	C	C

Residential Land Uses
LAND USES	HR	HC	HI-A	HI-B
Cottage Enterprise	P	P	P	P
Farm Labor Accommodations for Persons Employed in Agricultural Production on the Premises	P/C	P/C	N	N
Farm Stay	C	C	N	N
Home Occupation	Y	Y	Y	Y
Mobile Home Parks	N	N	N	N
Multifamily Residential Units (3+ units), if Density Permits	C	C	N	N
Single-Family Residential, or Accessory7 Apartment, or Accessory to an Allowable Nonresidential Use	Y	Y	Y	Y
Single-Family Residential Unit	Y	C	N	N
Two-Family Residential (Duplex), if Density Permits	P/C	P/C	N	N
Vacation Rental of Residential or Accessory Dwelling Unit	C	P	N	N
Rural Residential Clusters	Y	N	N	N
Unnamed Residential Uses	C	C	C	C

7 Redesignation from commercial or industrial to residential must comply with the density requirement of a maximum of four units per acre.

Transportation Land Uses
LAND USES	HR	HC	HI-A	HI-B
Airfields	N	N	N	N
Airports	N	N	N	N
Airstrips	N	N	N	N
Hangars	N	N	N	N
Helipads	N	N	N	N
Helipads, Emergency Services	C	C	C	C
Ferry Terminals	N	C	C	N
Parking Lots, Commercial	C	C	C	N
Outer Island Parking	C	C	C	C
Parking Structures	N	N	N	N
Trails and Paths, Public	Y	Y	Y	Y
Water Taxi	C	C	C	N
Streets, Public	Y	Y	Y	Y
Unnamed Transportation Uses	C	C	C	C

Utility Land Uses
LAND USES	HR	HC	HI-A	HI-B
Commercial Communications Facilities	N	C	C	C
Commercial Power Generation Facilities	C	C	C	C
Community Sewerage Treatment Facilities	C	C	C	C
Storage and Treatment of Sewerage, Sludge, and Septage – Systems Other Than Lagoons	C	C	C	C
Utility Distribution Lines	Y	Y	Y	Y
Utility Facilities	C	C	C	C
Utility Substations	C	C	C	C
Utility Transmission Lines	Y	Y	Y	Y
Community Water Systems	P/C	P/C	P/C	P/C
Water Treatment Facilities	P/C	P/C	P/C	P/C
Unnamed Utility Uses	C	C	C	C

Agriculture and Forestry Uses
Land Uses	HR	HC	HI-A	HI-B
Agricultural Processing Retail and Visitor-Serving Facilities and Products	C	Y	N	N
Agricultural Uses and Activities	Y	Y	Y	N
Forest Practices, No Processing	Y	Y	Y	Y
Lumber Mills, Portable, for Personal Temporary Use	Y	Y	Y	Y
Nurseries	C	Y	Y	Y
Retail Sales of Agricultural Products	P/C	Y	Y	N
Small-Scale Slaughterhouses	N	N	N	N
Unnamed Agricultural and Forestry Use	C	C	C	C

Notes

1. Categories of uses:

Y =	Uses allowed outright (i.e., without a project permit), subject to the applicable development standards (Chapter 18.60 SJCC); if a building or other construction permit is required, this is subject to administrative review; see SJCC 18.80.070.
P =	Use subject to administrative consistency review for compliance with Chapter 18.60 SJCC, Development Standards, and Chapter 18.40 SJCC, Performance and Use-Specific Standards; see SJCC 18.80.080.
P/C =	Administrative review; a discretionary use subject to administrative permit approval and consistency with Chapter 18.60 SJCC, Development Standards, unless the administrator requires a conditional use permit based on project impacts; see SJCC 18.80.090 and Table 8.2.
C =	Conditional use, subject to public notice and permit hearing procedure; see SJCC 18.80.100.
N =	Prohibited use.

2. The assignment of allowed uses may not directly or indirectly preclude the siting of “essential public facilities” (as designated in the Comprehensive Plan; see also the definition in SJCC 18.20.050) within the County. See SJCC 18.30.055.

3. Deer Harbor land use designations:

HC = Hamlet commercial

HI-A = Hamlet industrial (Boatworks, TPN 260724003A)

HI-B = Hamlet industrial (Connor/Cookston TPNs 260633013 and 260752001)

HR = Hamlet residential

(Ord. 2-2018 § 4; Ord. 25-2012 § 27; Ord. 10-2012 § 20; Ord. 26-2007 § 10)

18.30.320 Development standards.

All development and use within the exterior boundaries of the Deer Harbor Hamlet shall conform to the development standards set forth in Table 18.30.320.

Table 18.30.320. Development Standards
Density, Dimension, Open Space Standards for the Deer Harbor Hamlet Activity Center
Activity Center Land Use Designation(1)	HC	HI (A+B)	HR
Maximum Density (parcel area/total number of dwelling units)(13)	[Please refer to the Deer Harbor Hamlet Plan Maps] See SJCC 18.70.010(E)
Minimum Lot Area
Minimum Setbacks(2, 3, 4, 5)
Front or Road (feet)	10	20	20
Rear and Side Yard	0(6)	0(6)	10
Maximum Building Dimensions
Building Height (feet)(7, 8)	26(14)	26(14)	26(14)
Building Footprint(9)	3,000 sq. ft.	4,000 sq. ft.	2,500 sq. ft.
Building Floor Area(10)	5,000(13) sq. ft.	6,000 sq. ft.	5,000 sq. ft.
Minimum Roof Pitch	4:12	4:12	4:12
Lot Coverage (%)(11)	–	40%	30%
Minimum Required Open Space or Landscaped Area (%)(12)	10%	5%	30%

Notes

1. Hamlet land use designations:

HC = Hamlet commercial

HI-A = Hamlet industrial (Boatworks TPN 260724003A)

HI-B = Hamlet industrial (Connor/Cookston TPNs 260633013 and 260752001)

HR = Hamlet residential

2. Setbacks from roads in activity centers shall be measured from the margin line of the road right-of-way. This measurement shall be to a line parallel to and measured perpendicularly from the appropriate line. Side and rear setbacks are measured from the edge of the property in the same manner as street setbacks.

3. Fences are exempt from setback requirements, except when impairing safe sight lines at intersections, as determined by the County engineer.

4. Setbacks do not apply to mail boxes, wells, pump houses, bus shelters, septic systems and drainfields, landscaping (including berms), utility apparatus such as poles, wires, pedestals, manholes, and vaults, and other items as approved by the administrator.

5. Road right-of-way setbacks may be waived, at the discretion of the County engineer, when the presence of shoreline setbacks, property lines, topography or other restrictions make it unreasonable to construct a structure without encroaching into the road right-of-way setback.

6. The minimum side and rear setbacks shall be 15 feet if the site containing the proposed use is adjacent to any hamlet residential property.

7. Chimneys, smokestacks, fire or parapet walls, ADA-required elevator shafts, flagpoles, utility lines and poles, communication sending and receiving devices, HVAC and similar equipment, and spires associated with places of worship are exempt from height requirements.

8. Structures used for the storage of materials for agricultural activities are exempt from the maximum building height requirements.

9. Building footprint will be determined by the horizontal area enclosed by the exterior wall line and contiguous roofline excluding porches and decks that extend no more than 10 feet from exterior wall line that is closest to the average grade up to a maximum of 250 square feet of deck or porch space. Porches and decks that extend more than 10 feet from exterior wall line or are larger than 250 square feet will be included in overall footprint.

10. Building floor area will be determined by the entire horizontal area enclosed by the exterior wall line and contiguous roofline excluding porches and decks that extend no more than 10 feet from exterior wall line up to a maximum of 250 square feet of deck or porch space. Porches and decks that extend more than 10 feet from exterior wall line, or are larger than 250 square feet, will be included in overall floor area.

11. Lot coverage is measured by the percentage of the total area of a lot or lots within a single development occupied by all structures, excluding roof overhangs and covered porches not used for sales, storage or service.

12. Open space must be maintained in its natural condition, in agricultural or forestry use, or landscaped according to SJCC 18.60.160.

13. Within commercial zones the construction of any building or buildings may not exceed 5,000 square feet of total floor area within any structure or structures cumulatively on a single parcel.

14. A height bonus allowing a maximum height of 28 feet will be granted for those buildings with a roof pitch no less than 6:12.

(Ord. 25-2012 § 28; Ord. 26-2007 § 11)

18.30.330 Expansion of existing uses.

Expansion in the scale or scope of the existing allowable activities will be subject to a conditional permit process. When evaluating proposals for the alteration, modification or expansion of an existing allowable use, the administrator shall consider the total impact of the use as well as the added impact of the incremental changes being proposed and the consistency of the changes being proposed with the applicable land use designation. Expansion of or changes to nonconforming activities is subject to the provisions of SJCC 18.40.310. Shoreline uses are subject to the provisions of the Shoreline Master Program, Chapter 18.50 SJCC and San Juan County Comprehensive Plan Chapter 3.

Existing Commercial and Industrial Land Uses
Connor/Cookston HI-B (TPNs 260633013 and 260752001)
Uses	Allowable	Permit Level
Construction Yard	Y	C
Light Manufacturing	Y	C
Outdoor Storage Yard	Y	P/C
Equipment Rental (Incidental to Nonrental Primary Use of Equipment)	Y	C
Bulk Fuel Storage	Y	C
Cottage Enterprise	Y	P
Plant Nursery	Y	Y
Lumber Mill, Portable, for Personal Temporary Use	Y	Y
Retail Sales and Services	Y	C
Wholesale Distribution Outlet	Y	C
Office Space	N
Single-Family Residence Accessory to an Allowable Nonresidential Use	Y	Y
Commercial Parking	N

Boatworks HI-A (TPN 260724003A)
Use	Allowable	Permit Level
Automotive Service and Repair	Y	C
Retail Sales and Service	Y	Y
Bulk Fuel Storage	Y	C
Eating Establishment	Y	C
Construction Yard	Y	C
Light Industrial	Y	C
Outdoor Storage Yard	Y	P/C
Wholesale Distribution Outlet	Y	C
Wrecking and Salvage Yard (Boats)	Y	C
Adult Educational Facility	Y	C
Outdoor Recreational Developments	N
Single-Family Residential Accessory to Nonresidential Use	Y	Y
Portable Lumber Mill (for Personal Temporary Use)	Y	Y
Launching Ramp (Boat)	Y	C
Barge Landing Site	Y	C
Cottage Enterprise	Y	P
Home Occupation	Y	Y
ADU Vacation Rental	N

Deer Harbor Inn
Uses	Allowable	Permit Level
Hotel/Motel	Y	P
Resort	Y	C
Eating Establishment	Y	P
Drinking Establishment	Y	P
Retail Sales and Services	Y	Y
Personal and Professional Services	Y	Y

Cayou Quay Marina
Uses	Allowable	Permit Level
Marina (Boat, Barge and Winter Dock)	Y	C
Fresh Water Storage	Y	C
Parking	Y	C
Small Boat Storage	Y	C
Marina Maintenance and Repair Office	Y	C
Single-Family Residential, or Accessory Apartment, or Accessory to an Allowable Nonresidential Use	Y	C

The Resort at Deer Harbor
Uses	Allowable	Permit Level
Existing Resort	Y	C
Restaurant	Y	C
Post Office	Y	C
Parking	Y	C

Deer Harbor Marina
Uses	Allowable	Permit Level
Marina	Y	C
Bulk Fuel Storage	Y	C
Retail Sales and Services	Y	Y
Eating Establishment	Y	P
Drinking Establishment	Y	P
Sailing School	Y	C
Water Taxi	Y	C

(Ord. 2-2018 § 5; Ord. 25-2012 § 29; Ord. 26-2007 § 12)

18.30.340 Parking standards.

A. Parking Area Dimension Standards.

Notes

1. All parking spaces will be constructed following the best practices identified in the adopted Puget Sound Stormwater Manual where practical.

2. End spaces shall be at least 10 feet wide when directly alongside wall or building.

3. All future parking developments within the hamlet commercial designation must be behind the building.

4. End aisles shall have a curbed planter.

5. In gravel areas, parking spaces shall be in groups of no more than four cars each, separated by a curbed planter, log or other approved means.

6. Parking areas shall be landscaped as required, including at least one tree per 10 cars.

7. Angle parking is allowed if it conforms to the Highway Research Board Special Report No.125, Parking Principles.

8. Barrier-free parking shall be provided in accordance with Chapter 51-10 WAC.

9. Minimum width for two-way driveways shall be:

One to six cars: 10 feet.

Seven to 12 cars: 16 feet.

Thirteen plus: 20 feet.

10. See SJCC 16.55.300(G) for storm drainage standards.

B. Applicability. Unless otherwise indicated, parking standards must comply with SJCC 18.60.120. (Ord. 25-2012 § 30; Ord. 26-2007 § 13)

18.30.350 Definitions.

A. Purpose. These definitions are solely to be used when examining proposed developments within the Deer Harbor Hamlet.

B. “Building footprint” will be determined by the horizontal area enclosed by the exterior wall line and contiguous roofline excluding porches and decks that extend no more than 10 feet from exterior wall line, up to a maximum of 250 square feet of deck or porch space, that is closest to the average grade. Porches and decks that extend more than 10 feet from exterior wall line, or exceed 250 square feet, will be included in overall footprint.

C. “Building floor area” will be determined by the entire horizontal area enclosed by the exterior wall line and contiguous roofline excluding porches and decks that extend no more than 10 feet from exterior wall line, up to a maximum of 250 square feet of deck or porch space. Porches and decks that extend more than 10 feet from exterior wall line, or exceed 250 square feet, will be included in overall footprint.

D. “Classes” are distinct from schools as they are not tied to specific buildings and may occur informally within residences as either a cottage industry or home-based business and are not limited with regard to number of students.

E. “Environmental, agricultural, marine, forestry, aquacultural research and education facilities” means structures used for research, development and education of environmental, agricultural, marine and forestry practices which are intended to restore and/or enhance the ecology of Deer Harbor and San Juan County. In the hamlet residential (HR) designation, such facilities may not be located on parcels smaller than 20 acres and must provide centralized and communal living amenities.

F. Height. To be determined as follows: Regardless of roof slope, the maximum height shall be 26 feet to the highest point of a structure where the height is measured from the average of the existing predevelopment grade as determined from the center of the perimeter exterior walls of the proposed structure. No more than two stories are permitted.

G. “Lot coverage” is measured by the percentage of the total area of a lot or lots within a single development occupied by all structures, excluding roof overhangs and covered porches not used for sales, storage or service.

H. Roof Pitch. The minimum permitted roof pitch in Deer Harbor is 4:12.

I. “School” means an institution for the instruction of academic disciplines, specific skills or trade-related activities. The allowed activities are limited to traditional primary and middle school curricula, computer use training, tai chi, taekwondo, yoga, sailing, kayaking and other activities of a similar nature and impact. The institution cannot host more than 20 students at one time. Building design and size must meet the standards laid out in Section 4.3 of the Deer Harbor Hamlet Plan (2007) as well as other applicable performance standards detailed in Chapter 18.40 SJCC.

J. “Story” means the complete horizontal division of a building above grade consisting of all rooms, corridors and staircases between adjacent floors. (Ord. 25-2012 § 31; Ord. 31-2008 § 2; Ord. 26-2007 § 14)

18.30.360 Resource land buffer.

The location of the resource land buffer is shown on the official maps.

A. A buffer area of at least 50 feet shall be maintained from the boundary of any property designated as forest resource land.

B. No new structure shall be allowed within the buffer area that houses a residential occupancy or commercial occupancy which provides lodging or food service to visitors. (Ord. 26-2007 § 15)

18.30.370 Outdoor storage in industrial designations.

Outdoor storage shall be screened from the public roads and from the shoreline. The ideal screen will be a combination of berms and landscaped plants, particularly those species native to the area. However, context-sensitive fencing may substitute. Any such screen shall be at least five feet high. (Ord. 25-2012 § 32; Ord. 26-2007 § 8(C))

Article VI. Orcas Village Activity Center

18.30.380 Purpose.

The purpose of this article is to implement the goals, policies and objectives set out in the Orcas Village Plan as adopted by the San Juan County council. This article applies to the land and shoreline area described on the Orcas Village Plan official map and establishes land use and development regulations specific to the Orcas Village planning area. (Ord. 46-2008 § 6(A))

18.30.390 Relationship to shoreline master program.

The shoreline master program includes the policies of Section B, Element 3 of the Comprehensive Plan; the regulations in Chapter 18.50 SJCC; and the procedures specified for shoreline use and development in Chapter 18.80 SJCC. Following SJCC 18.10.050(G), where the regulations in this article are more restrictive they supersede the Unified Development Code and the regulations of the shoreline master program. However, the policies of the shoreline master program are not superseded by this article. (Ord. 46-2008 § 6(B))

18.30.400 Amendments.

All future amendments to this article of the San Juan County Code will follow the legislative procedures detailed in SJCC 18.90.020. (Ord. 46-2008 § 6(C))

18.30.410 Applicability.

This article applies to all land and land use activity and to all structures and facilities within Orcas Village as shown on the official map. (Ord. 46-2008 § 6(D))

18.30.420 Land use designations.

The Orcas Village Plan official map depicts three land use designations for Orcas Village: Orcas Village transportation, Orcas Village commercial and Orcas Village residential. The purposes for these designations are as set out in the Orcas Village Plan, Section 3.2.2. (Ord. 25-2012 § 33; Ord. 46-2008 § 6(E))

18.30.430 Allowable uses and land use permit requirements.

All development and use within Orcas Village shall conform to the Table of Permitted and Prohibited Land Uses in the following table, Table 18.30.430-1:

Table 18.30.430-1 Permitted and Prohibited Land Uses(1)(2)(3)(4)(5)

Commercial Land Uses
Land Uses	Orcas Village Transportation(6)	Orcas Village Commercial	Orcas Village Residential
Automotive Service and Repair	N	C	N
Bed and Breakfast Residence	N	N	Y
Bed and Breakfast Inn	C	Y	N
Day Care, 1 – 6 Children	N	N	P/C
Day Care, 7+ Children	N	N	N
Drinking Establishment	C	Y	N
Eating Establishment	C	Y	N
Hotel/Motel	N	Y	N
Indoor Entertainment Facility	N	N	N
Nursing Home	N	C	N
Personal and Professional Services	C	Y	N
Personal Wireless Service Facility, Co-Located on an Existing, Permitted Stand-Alone Tower, or Mounted to the Surface of an Existing Structure	P/C	P/C	N
Personal Wireless Services Facility, Mounted on a Building Which Meets the Height Standard of the Land Use Designation, or a Facility Disguised or Camouflaged As an Allowable Exemption to the Height Standard	P/C	P/C	N
Personal Wireless Service Facility, Other	C	C	N
Residential Care Facilities, 1 – 8 People	N	C	P/C
Residential Care Facilities, 9 – 15 People	N	C	N
Retail Sales and Services	C	Y	N
Vacation Rental of Residence or Guest House or Accessory Dwelling Unit	N	C	C
Warehouse, Mini-Storage and Moving Storage Facilities	N	N	N
Unnamed Commercial Uses(8)	C	C	C

Industrial Land Uses
Land Uses	Orcas Village Transportation	Orcas Village Commercial	Orcas Village Residential
Bulk Fuel Storage Facilities (for retail)	C	C	N
Light Manufacturing	N	P/C	N
Storage and Treatment of Sewerage, Sludge and Septage – Alternative Systems	N	C	C
Storage and Treatment of Sewerage, Sludge and Septage – Lagoon Systems	N	N	N
Wholesale Distribution Outlet	N	N	N
Unnamed Industrial Uses	C	C	C

Residential Land Uses
Land Uses	Orcas Village Transportation	Orcas Village Commercial	Orcas Village Residential
Cottage Enterprise	N	P/C	P/C
Farm Labor Accommodations for Persons Employed in Agricultural Production on the Premises	N	N	N
Farm Stay	N	N	N
Home Occupation	C	Y	Y
Mobile Home Parks	N	N	N
Multifamily Residential Units (3+ units)	N	P	P
Planned Unit Development	N	Y	Y
Rural Residential Cluster Development	N	N	Y
Single-Family Residential Unit	N	N	Y
Single-Family Residential (1 unit only) or Accessory Apartment (1 unit only) Only as an Accessory to an Allowable Nonresidential Use	Y	Y	Y
Two-Family Residential Unit	N	P	P
Unnamed Residential Uses	C	C	C

Public and Institutional Uses
Land Uses	Orcas Village Transportation	Orcas Village Commercial	Orcas Village Residential
College or Technical School/Adult Education Facility	N	N	N
Community Club or Community Organization Assembly Facility(9)	C	C	C
Emergency Services	Y	Y	Y
Government Offices	C	C	N
Institutional Camps	N	N	N
Library(9)	N	P/C	P/C
Museum(9)	N	P/C	P/C
Post Office	N	Y	N
Religious Assembly Facility(9)	C	C	C
School, Primary and Secondary	N	N	N
Unnamed Public and Institutional Uses(9)	C	C	C

Recreational Uses
Land Uses	Orcas Village Transportation	Orcas Village Commercial	Orcas Village Residential
Camping Facilities in Public Parks	N	N	N
Indoor Recreation Facilities	N	N	N
Outdoor Recreation Developments	C	N	N
Parks	C	P	C
Playing Fields	C	N	N
Recreational Vehicle Parks	N	N	N
Outdoor Shooting Ranges	N	N	N
Unnamed Recreational Uses	C	C	C

Transportation Uses
Land Uses	Orcas Village Transportation	Orcas Village Commercial	Orcas Village Residential
Airfields	N	N	N
Airports	N	N	N
Airstrips	N	N	N
Hangars	N	N	N
Helipads	N	N	N
Ferry Terminal	C	C	N
Parking Lots, Ferry Commuter	C	C	C
Parking Lots, Commercial	C	C	N
Parking Structures	C	N	N
Streets, Public	Y	Y	Y
Taxi and Community Pickup/Dropoff Services	Y	P/C	C
Trails and Paths, Public	Y	Y	Y
Unnamed Transportation Uses	C	C	C

Utilities Uses
Land Uses	Orcas Village Transportation	Orcas Village Commercial	Orcas Village Residential
Commercial Power Generation Facilities(10)	N	N	N
Community Sewerage Treatment Facilities	C	C	C
Utility Distribution Lines	Y	Y	Y
Category “A” Joint Use Wireless Facility(7)	Y	Y	Y
Category “B” Joint Use Wireless Facility	P/C	P/C	P/C
Utility Facilities	C	C	C
Utility Substations	C	C	N
Utility Transmission Lines	C	C	C
Water Storage Tanks, Community	Y	P/C	P/C
Water Treatment Facilities	P/C	P/C	P/C
Unnamed Utility Uses	C	C	C

Agriculture and Forestry Uses
Land Uses	Orcas Village Transportation	Orcas Village Commercial	Orcas Village Residential
Agricultural Processing, Retail and Visitor-Serving Facilities for Products	C	Y	N
Agricultural Uses and Activities	C	Y	Y
Forest Practices, No Processing(11)	C	Y	Y
Lumber Mills, Portable (in use for no more than 48 hours, for personal use)	C	Y	Y
Nurseries	C	N	P/C
Retail Sales of Agricultural Products	C	Y	P/C
Small-Scale Slaughter Houses	N	N	N
Unnamed Agricultural and Forestry Uses	C	C	C

Notes:

1. All uses must be consistent with the purpose of the land use designation in which they are proposed to occur. All land uses in all designations must meet the general regulations in SJCC 18.30.050 through 18.30.055 unless otherwise stated therein.

3. Overlay districts and subarea plans provide policies and regulations in addition to those of the underlying land use designations for certain land areas and for uses that warrant specific recognition and management. For any land use or development proposed to be located entirely or partly within an overlay district or within the jurisdiction of a subarea plan, the applicable provisions of the overlay district or subarea plan as provided in this chapter shall prevail over any conflicting provisions of the UDC.

4. The assignment of allowed and prohibited uses may not directly or indirectly preclude the siting of essential public facilities (as designated in the Comprehensive Plan; see also the definition in Chapter 18.20 SJCC) within the County. See SJCC 18.30.055.

5. Per Ordinance 25-2002, the shoreline east of the Orcas Village commercial designation is a marine protected area with specific provisions regarding acceptable uses. Please see Ordinance 25-2002 for details.

6. Permit procurement will be dependent upon the delineation of the appropriate setbacks and screening requirements necessary to maintain the rural character and visual aesthetic of the village as detailed in Section 2.7 of the Orcas Village Plan. Site-specific concerns, particularly those relating to traffic flow and visual impacts, will be a central consideration in fashioning the appropriate conditions of the CUP.

7. Though a project permit is not required, these facilities are subject to the requirements for joint use wireless facilities found in Chapter 18.40 SJCC.

8. Moorage facilities serving residential uses abutting the Orcas Village shoreline are subject to SJCC 18.50.260 and other applicable provisions of that section of the code and the policies of the Shoreline Master Program. “Transient moorage facility” is defined as an over-the-water facility for securing boats, including docks, piers and moorage buoys, which accommodates individual craft for no longer than 24 hours per visit and no more than 24 hours per calendar month. The existing Bay Head Marina may expand within but not beyond the existing boat basin, subject to the applicable regulations.

9. It is of primary importance that a traffic study and evaluation of the traffic impacts of this use on the Orcas Village commercial designation be carried out and considered as part of a discretionary or conditional use permit application, review, and implementation.

10. Home generation facilities exempted. Home generation facilities are not considered a utility use but rather a residential accessory use. Home generation facilities are defined as small-scale, home-oriented, wind, solar, biomass or geothermal based technologies that generate electricity from 100 percent renewable resources for the consumption of the property owner. The property owner may, within this provision, sell excess power.

11. Forest practices (including timber harvesting), except for Class IV General (see Chapter 18.40 SJCC), are regulated by the Washington Department of Natural Resources.

The following table entitled Table 18.30.430-2, Explanation of Permit Procedures, describes the land use permit requirements specified above for the Orcas Village land use designations:

Table 18.30.430-2 Explanation of Permit Procedures

Use Category	Permit Procedure
Y	Allowed use. No use permit or review is required. Use, site plan, structures, and parking must meet the development and use standards of Table 18.30.440 and the provisions of this title.
P	Allowed use. A provisional use permit is required. This is approved or denied administratively based on the development standards and performance standards in the UDC and any special conditions in the Orcas Village Plan. A public hearing is not required.
P/C	Allowed use. A discretionary use permit is required. If impacts are found to be high they must be mitigated to medium or low according to UDC, SJCC 18.80.090, Table 8.2 or the administrator will require a conditional use permit. As noted below, a conditional use permit requires a public hearing.
C	Conditionally allowed use. Because of the nature of the category of use, substantial limitations on the specific use and on the scale and nature of development may be required to ensure that the specific use proposed is appropriate in the Orcas Village environment. The use may be denied, or conditions may be imposed, based on appropriateness of the development and use to the size and location of the site; unique conditions of slope, drainage, access and the natural environment of the site; and compatibility with adjacent uses. A conditional use permit (CUP) is required. A CUP requires a public hearing.
N