Chapter 18.40
PERFORMANCE AND USE-SPECIFIC STANDARDS

Sections:

18.40.010    General provisions.

18.40.020    Agricultural activities, best management practices for water quality.

18.40.030    Airports.

18.40.031    General standards for airport overlay districts.

18.40.032    Specific standards for Orcas Island Airport overlay district.

18.40.040    Airfields and airstrips.

18.40.050    Animal kennels and shelters.

18.40.060    Assembly facilities.

18.40.070    Automotive fuel, service, and repair stations.

18.40.080    Automobile wrecking yards and junk (or salvage) yards.

18.40.090    College or technical schools.

18.40.100    Commercial communication facilities and sites.

18.40.110    Commercial uses – Standards for site development.

18.40.120    Conversions of land to non-forestry use – Forest management practices – General regulations.

18.40.130    Conversions of land to non-forestry use – Forest management practices – Regulations by designation.

18.40.140    Conversions of land to non-forestry use – Forest management practices – Class IV General forest practices and jurisdictions.

18.40.150    Conversions of land to non-forestry use – Forest management practices – Regulations governing Class IV General forest practice permits.

18.40.160    Conversions of land to non-forestry use – Forest management practices – Regulations governing continuance of forestry use.

18.40.170    Conversions of land to non-forestry use – Illegal conversions and enforcement.

18.40.180    Conversion option harvest plan (COHP) – General regulations.

18.40.190    Cottage enterprises.

18.40.200    Desalination systems.

18.40.210    Day care and residential care facilities.

18.40.220    Drive-through window services.

18.40.230    Farm stay and farm worker accommodations.

18.40.240    Accessory dwelling units (ADUs).

18.40.250    Hospitality commercial establishments – Bed and breakfast inns.

18.40.260    Hospitality commercial establishments – Bed and breakfast residences.

18.40.270    Vacation (short-term) rentals of residences or accessory dwelling units (ADUs).

18.40.280    Industrial uses – Standards for site development.

18.40.290    Lumber mills (portable and stationary).

18.40.300    Mobile home and trailer parks and mobile home subdivisions.

18.40.310    Nonconforming structures and uses.

18.40.320    Outdoor storage yards.

18.40.330    Recreational developments.

18.40.340    Recycling collection points.

18.40.350    Resource-based activities and facilities, surface mining, quarrying, and reclamation.

18.40.360    Sewage sludge and septage.

18.40.370    Signs – General regulations.

18.40.380    Directional signs.

18.40.390    Identification and advertising signs.

18.40.400    Exempt signs.

18.40.410    Small resorts and camps, existing.

18.40.420    Tank farm facilities.

18.40.430    Utility (electrical, sewerage, and other) distribution and transmission lines and substations.

18.40.440    Rules for the construction of a principal residence after construction of a freestanding accessory dwelling unit.

18.40.010 General provisions.

The performance standards provided in this chapter are those specific requirements that must be met before approval may be given for a proposed development or use within a particular land use district.

Note also that specific proposals for new development may be subject to more than one set of performance standards. For example, a proposal for a commercial campground would be subject to the performance standards for all commercial uses in SJCC 18.40.110, for recreational developments in SJCC 18.40.330, and for signs in SJCC 18.40.370 through 18.40.400. Where the development is subject to the jurisdiction of the Shoreline Master Program (see Chapter 18.50 SJCC), additional regulations and standards may apply, and additional permits may be required.

To illustrate the way that this chapter works in conjunction with the tables of allowable and pro-

hibited uses in Tables 3.1 and 3.2 (SJCC 18.30.030 and 18.30.040), if, for example, an application is submitted to develop a playing field, the first question is whether it is an allowable use in the land use district where it is proposed. Tables 3.1 and 3.2 identify allowable and prohibited uses in each land use district. For playing fields, Table 3.1 contains a “Prov” for village commercial, which means that a proposal to develop a playing field in village commercial is a provisional use and would be allowed if it met the applicable performance standards for recreational developments set forth in SJCC 18.40.330. Table 3.1 contains an “D” for master planned resort, which means that a proposal to develop a playing field in a master planned resort is a restricted use and would be allowed by the administrator if the impacts were appropriate according to the impact chart analysis set forth in SJCC 18.80.090, Table 8.2. Table 3.2 contains a “C” for playing fields in rural general use, which means that a proposal to develop a playing field in rural general use is a conditional use and would be allowed by conditional use permit and would also be subject to the performance standards of SJCC 18.40.330. (Ord. 14-2000 § 7(AAA); Ord. 2-1998 Exh. B § 4.1)

18.40.020 Agricultural activities, best management practices for water quality.

All agricultural activities performed within watersheds for ground water collection or adjacent to shorelines shall develop a water quality conservation plan with the local USDA representative consistent with “best management practices” and with the goal of protecting water quality. Agricultural activities conducted on agricultural resource (AG) lands will include the water quality plan as a portion of the five-year plan filed with the County assessor. (Ord. 2-1998 Exh. B § 4.2)

18.40.030 Airports.

A. Height Limitation. No structure, vegetation, or obstruction of any kind shall be built, placed, hung, or allowed to grow so that any part exceeds the height as provided in the zone areas and surfaces established in this subsection, unless otherwise specified on an adopted airport district overlay designation. Where an area is subject to more than one height limitation, the lower limitation shall apply. The height restriction for each zone is as follows:

1. Approach Zone. As may be allowed without penetrating the imaginary surface described in the definition of approach surface in Chapter 18.20 SJCC.

2. Transitional Zone. As may be allowed without penetrating the imaginary surface described in the definition of transitional surface in Chapter 18.20 SJCC.

3. Horizontal Zone. As may be allowed without penetrating the imaginary surface described in the definition of horizontal surface in Chapter 18.20 SJCC.

4. Conical Zone. As may be allowed without penetrating the imaginary surface described in the definition of conical surface in Chapter 18.20 SJCC.

B. Hazards for Airports. The following standards apply to airports in addition to the standards in subsection (A) of this section.

1. Distances of Rights-of-Way from Primary Surface. All private and public road rights-of-way must either (a) be set back a minimum of 200 feet from the end of the primary surface as measured parallel to the extended runway centerline or (b) must allow a minimum of 10 feet clearance between the road right-of-way and approach surface. In addition, road rights-of-way must be set back a minimum of 200 feet from the extended runway centerline, as measured perpendicular thereto.

2. Lights. No searchlight, beacon light, or other glaring light shall be used, maintained, or operated within the approach, transitional, or horizontal zones in such a way as to cause a visual hazard to normal aircraft operations.

3. Smoke or Haze. Any land use or activity that produces smoke or haze to a degree that would interfere with normal aircraft operations is prohibited.

4. Bird Hazard. Any land use or activity that produces a bird-strike hazard for normal aircraft operations is prohibited.

5. Public Assemblies. Any land use that causes or encourages people to assemble in large numbers, including medium- and high-density residential uses (greater than one dwelling unit per two acres), commercial uses requiring more than 10 parking spaces or an equivalent degree of traffic generation, and campgrounds (having more than three campsites per acre), is prohibited in the approach and transitional zones designated by an airport district overlay.

6. Noise. Any land use that requires a low background noise level and which would be adversely affected by a noise impact greater than the noise exposure forecast level projected for the airport vicinity for the year of application, including auditoriums, schools, churches, hospitals, and concert halls is prohibited in the approach and transitional zones designated by an airport district overlay.

7. Marking and Lighting. Notwithstanding this subsection, the owner of any existing nonconforming structure or tree is required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the Federal Aviation Administration (FAA) to indicate the presence of such airport hazards. Such markers and lights shall be installed, operated, and maintained at the expense of the airport served.

8. FAA Restrictions.

a. All development must comply with the Federal Aviation Regulations (FAR) Part 77, relating to heights of land uses proximate to airports and protection of airspaces critical to airport operations.

b. All development must comply with the FAA Advisory Circular 150/5370-10, Standards for Specifying Construction on Airports.

C. Permit Restrictions.

1. No permit shall be granted that would:

a. Allow the establishment or creation of an airport hazard;

b. Authorize any use or activity that would result in the siting of an incompatible use adjacent to an airport (Chapter 36.70 RCW); or

c. Permit a nonconforming structure or use to be made larger or to become higher or become a greater hazard to air navigation than it was when this code was adopted.

2. Additional or new commercial aircraft operations at an airport constitute an expansion of use subject to conditional use permit requirements of this code. (Ord. 2-1998 Exh. B § 4.3)

18.40.031 General standards for airport overlay districts.

A. Incompatible Uses. Any land use or activity or density that is prohibited by or cannot meet the performance standards in SJCC 18.40.030 and the standards in SJCC 18.40.032 et seq., for the appropriate district is an incompatible use adjacent to an airport and is prohibited.

B. Permit Restrictions.

1. All development, land divisions and binding site plans within an adopted airport overlay district must comply with the requirements of SJCC 18.30.180 and with the performance standards in SJCC 18.40.030 et seq. for the appropriate district. The administrator shall condition or deny an application that does not so comply.

2. Applications for development and subdivision in an airport overlay district shall clearly indicate the applicable aircraft accident safety zone, and height overlay district zone if applicable, in which the parcel or project is located. (Ord. 5-2002 § 4)

18.40.032 Specific standards for Orcas Island Airport overlay district.

The lands that are included within aircraft accident safety zones 1 through 5 are shown on the official maps of the Orcas Island Airport overlay district.

A. Runway Protection Zone (Zone 1). Zone 1 is the area that begins 200 feet from the threshold line on the runway pavement which marks the end of the declared usable runway surface, and extends out 1,000 feet to its widest point, where it measures 450 feet across, 225 feet on either side of the extended runway centerline.

1. New residential development and new structures are prohibited.

2. Public assembly uses and uses that promote the concentration of people are prohibited.

3. No increase to height or scale of existing uses or structures shall be permitted.

4. The bulk storage of flammable or hazardous materials is prohibited.

B. Inner Safety Zone (Zone 2), North Portion. Zone 2 is the area that begins at the end of the runway protection zone (zone 1) and extends out 1,500 feet. It measures 450 feet across, 225 feet on either side of the extended runway centerline. The north portion of zone 2 is that portion of zone 2 north of Enchanted Forest Road.

1. Maximum allowable residential density is one dwelling unit per acre.

2. The following uses that require or promote the concentration of people or have substantial occupancy by dependent populations (such as children, sick, or the elderly) are prohibited: schools, libraries, hospitals, nursing homes, day care centers, multifamily housing, playfields, public meeting rooms, public assembly uses, churches and religious assembly uses, restaurants, motels and hotels.

3. No increase to the height or scale of nonconforming uses or structures shall be permitted. Nonconforming uses may not be expanded beyond currently permitted size and uses.

4. The bulk storage of flammable (except for residential propane or heating oil tanks) or hazardous materials is prohibited. Residential propane tanks shall be located underground.

5. A minimum of 40 percent of the site shall remain in open space to maximize the opportunity for pilots in an emergency to avoid structures intended for human occupancy. To the extent possible subject to the development and design standards for the land use district in which the project is located, this open space shall include those portions of the site closest to the extended runway centerline, and shall be contiguous with similar open spaces on adjacent properties. No more than 25 percent of this required open space (10 percent of the site area) may be on that portion of the site between the Lovers Lane right-of-way and structures fronting on Lovers Lane.

6. To the extent possible subject to development and design standards for the land use district in which the project is located, structures for human occupancy shall be located on those portions of the site farthest from the extended runway centerline.

7. For nonresidential uses, the maximum design occupancy for normal use of the site and structures shall not exceed an annual average of 10 people per acre during all hours, or 30 people per acre during hours of operation. The maximum floor area ratio (FAR) for development below is assumed to meet these design objectives. In calculating FAR, the floor area of a permitted accessory residential unit shall not be included:

a. Retail, service and office uses: 0.15;

b. Manufacturing and industrial uses: 0.35;

c. Warehouse and storage uses: 1.00;

d. Other nonresidential uses: 0.15.

C. Inner Safety Zone (Zone 2), South Portion. The south portion of zone 2 is that portion of zone 2 south of Enchanted Forest Road.

1. Maximum permitted residential density is the lesser of one dwelling unit per acre or the density permitted by the land use district in which the property is located.

2. For nonresidential uses, the intensity of design occupancy and intensity of development, and prohibited uses involving public assembly or occupancy by dependent populations, shall be as established in the inner turning zone (zone 3).

3. No increase to the height or scale of nonconforming uses or structures shall be permitted. Nonconforming uses may not be expanded beyond currently permitted size and uses.

4. The bulk storage of flammable (except for residential propane or heating oil tanks) or hazardous materials is prohibited. Propane tanks shall be located underground.

5. A minimum of 40 percent of the site shall remain in open space to maximize the opportunity for pilots in an emergency to avoid structures intended for human occupancy. To the extent possible subject to the development and design standards for the land use district in which the project is located, this open space shall include those portions of the site closest to the extended runway centerline, and shall be contiguous with similar open spaces on adjacent properties. No more than 25 percent of this required open space (10 percent of the site area) may be on that portion of the site between the Lovers Lane right-of-way and structures fronting on Lovers Lane.

D. Inner Turning Zone (Zone 3). Zone 3 is the area that begins 200 feet from the threshold line on the runway pavement which marks the end of the declared usable runway surface, and for the standard area that extends out at 30 degrees from both sides of the extended runway centerline to 2,500 feet. It connects to the centerline of the inner safety zone (zone 2) with sweeping arcs, 2,500 feet from the threshold line on the runway pavement. The inner portion of zone 3 is that portion of zone 3 closer to the extended centerline of the runway than a line parallel to and 300 feet outside of the outer boundary of zone 2. The outer portion of zone 3 is all other parts of zone 3.

1. Notwithstanding this section, the requirements of zone 5 shall apply to the small wedges of land on the north shore that are in zone 3.

2. Maximum allowable residential density in the inner portion of zone 3 is the lesser of four dwelling units per acre or the maximum density permitted in the land use district in which the property is located. Maximum allowable residential density in the outer portion of zone 3 is the lesser of eight dwelling units per acre of the maximum density permitted in the land use district in which the property is located. Within zone 3 only, within the area designated for the village commercial district in the official maps for the Eastsound Subarea Plan as amended October 3, 2000, the maximum allowable residential density is 12 dwelling units per acre.

3. The following uses that require or promote the concentration of people or have substantial occupancy by dependent populations (such as children, sick, or the elderly) are prohibited: schools, libraries, hospitals, nursing homes, day care centers, playfields, public meeting rooms with a capacity for more than 25 people, public assembly uses, churches and religious assembly uses, restaurants, motels and hotels.

4. No increase to the height or scale of nonconforming uses or structures shall be permitted. Nonconforming uses may not be expanded beyond currently permitted size and uses.

5. The bulk storage of flammable (except for residential propane or heating oil tanks) or hazardous materials is prohibited. Propane tanks shall be located underground.

6. A minimum of 30 percent open space is required.

7. For that portion of zone 3 on the east side of Lovers Lane, to the extent possible subject to development and design standards for the land use district in which the project is located, structures for human occupancy shall be located on those portions of the site farthest from the extended runway centerline.

8. In the inner portion of zone 3, the maximum design occupancy for normal use of the site and structures for nonresidential uses shall not exceed an annual average of 15 people per acre during all hours, or 50 people per acre during hours of operation. The maximum floor area ratio (FAR) for development below is assumed to meet these design objectives. In calculating FAR, the floor area of a permitted accessory residential unit shall not be included:

a. Retail, service and office uses: 0.25;

b. Manufacturing and industrial uses: 0.50;

c. Warehouse and storage uses: 2.00;

d. Other nonresidential uses: 0.25.

9. In the outer portion of zone 3, the maximum design occupancy for normal use of the site and structures for nonresidential uses shall not exceed an annual average of 30 people per acre during all hours, or 100 people per acre during hours of operation. The maximum floor area ratio (FAR) for development below is assumed to meet these design objectives. In calculating FAR, the floor area of a permitted accessory residential unit shall not be included:

a. Retail, service and office uses: 0.50;

b. Manufacturing and industrial uses: 1.00;

c. Warehouse and storage uses; 2.00;

d. Other nonresidential uses: 0.50.

E. Outer Safety Zone (Zone 4). Zone 4 is the area that extends out 225 feet from both sides of the extended runway centerline, beginning at the outer edge of the inner turning zone (zone 3) and extending to the outer boundary of the horizontal zone, 5,000 feet from the threshold line on the runway pavement.

1. Maximum permitted residential density is the lesser of four dwelling units per acre or the density permitted by the land use district in which the property is located.

2. For nonresidential use, the intensity of design occupancy and intensity of development, and prohibited uses involving public assembly or occupancy by dependent populations, shall be as established in the inner part of the inner turning zone (zone 3).

3. No increase to the height or scale of nonconforming uses or structures shall be permitted. Nonconforming uses may not be expanded beyond currently permitted size and uses.

4. The bulk storage of flammable (except for residential propane or heating oil tanks) or hazardous materials is prohibited. Propane tanks shall be located underground.

5. A minimum of 40 percent of the site shall remain in open space to maximize the opportunity for pilots in an emergency to avoid structures intended for human occupancy. To the extent possible, subject to the development and design standards for the land use district in which the project is located, this open space shall include those portions of the site closest to the extended runway centerline, and shall be contiguous with similar open spaces on adjacent properties. No more than 25 percent of this required open space (10 percent of the site area) may be on that portion of the site between the Lovers Lane right-of-way and structures fronting on Lovers Lane.

6. To the extent possible, subject to development and design standards for the land use district in which the project is located, structures for human occupancy shall be located on those portions of the site farthest from the extended runway centerline.

F. Sideline Safety Zone/Airport Development Zone (Zone 5). Zone 5 is the area that is immediately adjacent to the airport and runway area. The standard area begins at the primary surface, extending out 500 feet from the extended runway centerline and connecting at its ends to the inner turning zone (zone 3). For Orcas Island Airport, the southerly boundary extends only as far as the northern boundary of the Mt. Baker Road right-of-way, and extends along that right-of-way line to intersect with the boundary of zone 1. In the northeast, the boundary of zone 5 extends north as described until it meets the center of the marina district waterway. From there it is extended north along the centerline of the marina district waterway and then north to intersect with the boundary of zone 3.

1. New residential development is prohibited except as provided in subsection (F)(2) of this section.

2. Residential Use in the Grasylvania and Aeroview Subdivisions. Existing and new residential use in the portions of the Grasylvania and Aeroview subdivisions that are within sideline safety zone (zone 5), solely in the form of aircraft hangar structures which incorporate within them an accessory single-family residential dwelling unit, may be allowed as a conforming use.

3. Aviation-related, industrial, utility, storage, and nonretail commercial uses are preferred uses.

4. Shoreline and marina operations, docking and other such uses of the shorelines environments, where they do not conflict with subsection (F)(5) of this section and Chapter 18.50 SJCC, are allowed.

5. Except as necessary and incidental to airport operations, the following uses that require or promote the concentration of people or have substantial occupancy by dependent populations (such as children, sick, or the elderly) are prohibited: schools, libraries, hospitals, nursing homes, day care centers, multifamily housing, playfields, public meeting rooms, public assembly uses, churches and religious assembly uses, restaurants, motels and hotels.

6. No increase to the height or scale of nonconforming uses of structures shall be permitted. Nonconforming uses may not be expanded beyond currently permitted size and uses.

7. To the extent possible subject to the development and design standards for the land use district in which the project is located, structures for human occupancy shall be located on those portions of the site farthest from the extended runway centerline.

8. The maximum design occupancy for normal use of the site and structures shall not exceed an annual average of 10 people per acre during all hours, or 30 people per acre during hours of operation. The maximum floor area ratio (FAR) for development below is assumed to meet these design objectives. In calculating FAR, the floor area of a permitted accessory residential unit shall not be included:

a. Retail, service and office uses: 0.15;

b. Manufacturing and industrial uses: 0.35;

c. Warehouse and storage uses: 1.00;

d. Other nonresidential uses: 0.15.

G. Traffic Pattern Zone (Zone 6). This zone is not designated for the Orcas Island Airport overlay district. (Ord. 2-2003 § 1; Ord. 5-2002 § 4)

18.40.040 Airfields and airstrips.

A. Standards.

1. No aircraft except those of the airfield or airstrip owners shall be stored at any airfield or airstrip. If hangars are proposed for aircraft storage, they shall be only for the noncommercial use of the aircraft owner(s).

2. No commercial activity shall be allowed. The owner of an airfield or airstrip may allow commercial carriers to land on a regular basis for the purpose of delivering mail or freight to an island and may allow nonscheduled charter flights to land, but no freight distribution facilities or other commercial service shall be conducted.

3. In any application for a new or expanded airfield or airstrip, the applicant is required to demonstrate that:

a. The proposed use cannot be accommodated by existing facilities or planned expansions to existing facilities;

b. The safety of persons and property on the ground will be assured;

c. The traffic pattern is approved by the FAA prior to permit application and, if required by the County, marked on the ground prior to operation in accordance with FAA standards for segmented circle marker systems;

d. Traffic patterns shall minimize noise impacts on nearby properties; and

e. Drainage will be controlled so that pollutants and sediments will not be carried into water bodies or onto adjacent properties. (See SJCC 18.60.060 and 18.60.070.)

4. Signs may be required in order to post noise control requirements for departures.

5. Aircraft operations that have not been established prior to the effective date of this code shall be allowed only between 7:00 a.m. and dusk.

B. Standards for Nonconforming Airfields and Airstrips. The following standards apply to all airfields and airstrips made nonconforming by adoption of this code:

1. Nonconforming airfields and airstrips are deemed abandoned if aircraft operations cease for any period of 24 consecutive months.

2. Aircraft operations are only allowed between the hours of 7:00 a.m. and dusk.

C. Standards for the Alteration or Expansion of Airfields and Airstrips. Additional or new commercial aircraft operations at airfields and airstrips constitute an expansion of use. An increase in the number of owners or legal beneficiaries of rights to the use of an airfield or airstrip constitutes an expansion subject to the use regulations for the applicable land use district (Tables 3.1 and 3.2, SJCC 18.30.030 and 18.30.040).

1. An alteration or expansion that would result in increased aircraft activity, conflict with the purpose of the applicable land use district, or cause increased adverse impacts to surrounding areas is prohibited.

2. For other minor, low-impact changes (see Table 8.2, SJCC 18.80.090) the administrator may apply conditions appropriate to ensure that such uses have minimal adverse impacts. (Ord. 2-1998 Exh. B § 4.4)

18.40.050 Animal kennels and shelters.

Animal kennels and shelters are subject to the following standards:

A. Animals shall be sheltered in suitable, clean structures. Structures and animal runs associated with a kennel shall be located at least 100 feet from any property line.

B. Kennels or shelters located adjacent to village residential (VR), hamlet residential (HR), or rural residential (RR) districts shall be indoor facilities only.

C. Animals being kept on the premises shall be allowed outside only between the hours of 7:00 a.m. and 7:00 p.m.

D. No use shall be made of equipment or material which produces unreasonable vibration, noise, dust, smoke, odor, electrical interference to the detriment of adjoining property. (Ord. 2-1998 Exh. B § 4.5)

18.40.060 Assembly facilities.

The following standards apply to all assembly facilities:

A. Operators of assembly facilities such as meeting halls, community centers, churches, etc., if served by a shared private, nonpaved road must mitigate the dust and road maintenance problems associated with the increased road use.

B. The storage of buses or vans over 10,000 pounds gross vehicle weight is permitted on-site only, subject to the following requirements:

1. The location of the parking areas for these vehicles is as indicated on an approved site plan;

2. No more than two large vehicles may be stored on-site at a given period of time;

3. Vehicles and vehicle parking shall not intrude into public rights-of-way or obstruct sight visibility from any driveway; and

4. Type A screening is required to screen the vehicles from view of neighboring property.

C. Dwelling Units. Any dwelling in conjunction with assembly facilities shall comply with the provisions governing residential uses for the district where it is located.

D. Screening. There shall be Type C screening along the perimeter of any parking lot that is adjacent to or across a road from residential land uses.

E. Associated Uses. Uses sponsored by a community club or organization such as day schools, auditoriums used for social and sports activities, health centers, convents, preschool facilities, or convalescent homes, shall be considered separate uses subject to the provisions of this code for the district designation in which they are located. This does not apply to uses sponsored by a religious organization. (See also SJCC 18.40.210, which provides for child care centers as accessory uses.) (Ord. 2-1998 Exh. B § 4.6)

18.40.070 Automotive fuel, service, and repair stations.

Automotive fuel, service, and repair stations must conform to the following restrictions and standards:

A. Ingress and egress must be by means of driveways approved by the County engineer;

B. All driveways must be at least 35 feet from street intersections;

C. Driveways must be not less than 40 feet apart and not less than 15 feet from interior property lines;

D. Parking and storage areas must be paved in accordance with specifications of SJCC 18.60.120 and 18.60.140;

E. Service and fuel stations shall have a minimum of 150 feet of frontage on at least one street from which there is access;

F. No outdoor storage is allowed;

G. Lighting at service and fuel stations must be adequate to permit safe nighttime operation, but must be of direct cutoff design, shielded, or placed to avoid glare or nuisance to nearby residential property and passing street traffic;

H. Any vehicle stored for more than 30 days must be screened by a Type A screen (see SJCC 18.60.160); and

I. A Type C screen (see SJCC 18.60.160) must be provided along all road frontages.

J. No use shall be made of equipment or material which produces unreasonable vibration, noise, dust, smoke, odor, electrical interference to the detriment of adjoining property. (Ord. 12-2001 § 5; Ord. 2-1998 Exh. B § 4.7)

18.40.080 Automobile wrecking yards and junk (or salvage) yards.

Auto wrecking yards and junk (or salvage) yards are subject to the following standards:

A. Total use area shall not exceed one acre.

B. Minimum street frontage shall be 100 feet.

C. Minimum lot depth shall be 125 feet.

D. Minimum building setback distance from property lines shall be 30 feet on all sides.

E. A Type A Screen (SJCC 18.60.160) shall be used to enclose the auto wrecking yard or junk yard.

F. All outdoor storage shall be within the screened area.

G. At no time shall any items be piled higher than the screening.

H. Scrap tires shall not be stored outside for a period exceeding 30 days.

I. Notwithstanding the above regulations, all auto wrecking yards and junk yards must comply with all state regulations pertaining to this type of use.

J. No use shall be made of equipment or material which produces unreasonable vibration, noise, dust, smoke, odor, electrical interference to the detriment of adjoining property. (Ord. 2-1998 Exh. B § 4.8)

18.40.090 College or technical schools.

College or technical schools are subject to the following standards:

A. College or technical schools located in the rural industrial (RI) or rural commercial (RC) districts must be related to a resource use of the land.

B. Colleges or technical schools must comply with the site standards for industrial uses, SJCC 18.40.280. (Ord. 2-1998 Exh. B § 4.9)

18.40.100 Commercial communication facilities and sites.

Personal wireless facilities are regulated under Chapter 16.80 SJCC; see also SJCC 18.30.190(E). Other commercial communication facilities are subject to the following standards:

A. The entire facility must be aesthetically and architecturally compatible with its environment. In no case will metal exteriors be allowed for accessory buildings.

B. Facilities shall be located on the lot so that the distance from the base of the facility to any adjoining property line or supporting structure of another facility is at least 100 percent of the proposed facility height. Facilities that cannot satisfy this 100 percent setback may be approved; provided, that the applicant presents a certification from a licensed structural engineer that the structure is designed for a basic wind speed of 90 mph in accordance with the currently adopted edition of the ANSI-EIA/TIA-222E.

C. Communication facilities located outside of activity centers may not include offices, long-term vehicle storage, other outdoor storage, broadcast studios (except for emergency purposes), or other uses that are not needed to send or receive transmissions.

D. When lighting is required and permitted by the FAA or other federal or state authority, it shall be oriented upward and outward so as not to project onto surrounding residential property.

E. Strobe lighting on commercial communication facilities is prohibited.

F. In order to minimize facility proliferation, the applicant shall provide data that supports the conclusion that sharing space on existing facilities is not feasible or possible based on one or more of the following factors: available space on existing facilities, the facility owner’s ability to lease space, the facility’s structural capacity, radio frequency interference, geographic service area requirements, mechanical or electrical incompatibilities, the comparative costs of co-location and new construction, or any Federal Communications Commission (FCC) limitations on facility and tower sharing.

G. All proposals for communication facilities or towers shall include justification for the height requested.

H. No land use permit is required for any satellite dish smaller than one meter in diameter in any land use district, or for any communication facility or for any satellite dish antennas smaller than two meters in diameter when associated with a place of business or industry and located in the VC, VI, HC, HI, RC, and RI land use designations.

I. Conformance with the FCC guidelines shall be demonstrated with baseline testing conducted in accordance with the requirements in Table 4.1, below. All subsequent radio-frequency (RF) radiation monitoring shall also be conducted in accordance with these requirements.

J. Television and radio broadcast antennas and associated facilities shall be allowed only on sites established for this purpose (as of December 31, 1996) at Mount Constitution on Orcas Island.

 

Table 4.1.    Protocol for Testing and Monitoring of Electromagnetic Fields (EMF) for Commercial Communications Facilities.(1, 2)

EMF Parameter(3)	Suitable Testing Equipment(4)	Testing Method or Technique	Comments
Microwave Power Density	HP 435B, Battery-Powered MW Power Meter with 8542A Thermistor Sensor and Calibrated Horn Antenna, or updated equivalent	Map 360 degrees around proposed site at 10-meter increments to a distance of 100 meters. Aim horn away from site or towards existing towers. Make measurements at one meter and two meters above ground in open areas and at occupancy levels in buildings within 100 meters.	One meter simulates the average height of small children, two meters that of adults. Positional accuracy must be +/- one meter. A nonmetal tripod should be used, along with fiber optic cables from sensor to readout.
Broadband Spectrum Analysis (covering the frequency range of 100 kHz to 3 GHz)	HP 35665A (Low-Frequency), HP8591 (VHF to MW) or HP 8560E (ELF to MW) with ELF and VHF-MW Isotropic Sensors	Record the spectrum of frequencies at selected GPS coordinates. Note any displayed interference or constructive/ destructive harmonics.	Spectrum analysis readings at: center of site and 4-positions on circles extending 10, 20, and 50 meters from antenna site. Spectrum readings must also be conducted at all locations where RF or MW “hot spots” or “nulls” were previously detected.
Radio Frequency Field Density	Broadband RF Survey Meter with Isotropic omnidirectional probe(5)	Probe sensor should be tripod-mounted (nonmetallic) with fiber optic cables at least 10m long connected to readout unit to eliminate possible coupling effects between probe and operator.	RF probe positions should be identical to MW, and all other sensors or probe positions. Make measurements at one meter and two meters, as above. Flag all “hot spots” or “nulls” in signal density/intensity.

Notes:

1.    This table is adapted from the “Cobbs Protocol.” It appears in a table, “Suggested EMF Monitoring Measurements at Transmitter Sites,” presented by C.A. Cobbs to the Federal Communications Commission on 2/18/96 (and is available for inspection at the planning department).

2.    A charged object produces an electric field in the space around it; an object that carries current or which is a magnet produces a magnetic field in the nearby area. Energy is transferred via these “electromagnetic fields” (EMF) to people and other living organisms that pass through the fields. “Field density” is a measure of the strength of the fields; “power density” is a measure of the energy flow through the field.

3.    Abbreviations used:

    ELF = Extremely low frequency Hz = Hertz, a unit of frequency equal GHz = GigaHertz = 1 billion Hertz
radiation, 30 to 300 Hz to one cycle of an electro-
RF = Radio-frequency radiation magnetic wave per second EMF = Electromagnetic field

    VHF = Very high frequency radiation kHz = kiloHertz = 1,000 Hertz GPS = Global positioning
MW = Microwave radiation MHz = MegaHertz = 1 million Hertz satellite

4.    Equipment from other manufacturers, or other models, may be substituted; provided, that it meets or exceeds the specifications of the indicated equipment.

5.    Available from Holaday Instruments, Hewlett-Packard, etc.

(Ord. 12-2001 § 5; Ord. 14-2000 § 7(FFF); Ord. 2-1998 Exh. B § 4.10)

18.40.110 Commercial uses – Standards for site development.

A. All Commercial Uses. The following standards apply to all commercial uses as listed in Tables 3.1 and 3.2 in SJCC 18.30.030 and 18.30.040 and to any use determined by the administrator to be commercial use.

1. Water supplies and sewage disposal facilities adequate to serve the proposed use shall be provided. Occupancy shall not be permitted before water supplies and sewage disposal facilities are approved and installed.

2. Use of a County access road or private road for access to new commercial development shall be permitted only if the applicant demonstrates that public health, safety, and welfare will be protected, and if traffic and maintenance impacts to the private road are minimized by conditions on the permit.

3. No use shall be made of equipment or material which produces unreasonable vibration, noise, dust, smoke, odor, electrical interference to the detriment of adjoining property.

B. Commercial Development in Rural Designations. The following standards apply to all commercial uses located in the rural land use designations listed in Table 3.2 in SJCC 18.30.040, as determined by the administrator.

1. The proposed use will result in minimal additional demands on services and utilities available in rural areas and will not result in more than a minimal and manageable increase in demand on community water supplies, sewage disposal systems, or roads.

2. Building coverage impacts identified in Table 8.2 in SJCC 18.80.090 as medium or low may be allowed. Traffic and parking impacts need not necessarily meet the levels criteria of Table 8.2. (Ord. 2-1998 Exh. B § 4.11)

18.40.120 Conversions of land to non-forestry use – Forest management practices – General regulations.

A. Forest management practices (those practices pertaining to protecting, producing, and harvesting timber for economic use) shall be subject to Chapter 76.09 RCW, the Washington State Forest Practices Act, its implementing regulations at WAC Title 222, applicable Washington Department of Fish and Wildlife regulations, Class IV General regulations to be adopted by San Juan County, and applicable provisions of Chapter 18.50 SJCC, the Shoreline Master Program. However, thinning for views and the taking of timber for personal domestic purposes shall not be subject to any permits associated with this code.

B. All forest practice permit applications provided to the County by the Washington Department of Natural Resources (WDNR) shall be reviewed to ensure that regulations in this code and in applicable overlay districts will be met.

C. Emergency Conditions. No prior notification or application shall be required for emergency forest practices necessitated by and commenced during or immediately after fire, windstorm, earthquake, structural failure or other catastrophic event. Within 48 hours after commencement of such practice the operator shall submit an application or notification to the WDNR with an explanation why emergency action was necessary so that the WDNR may evaluate the appropriateness of the “emergency” and of the actions taken. Such emergency forest practices are subject to Chapter 76.09 RCW, Title 222 WAC, and County authorities derived from them (including the requirements of this code); provided, that the operator:

1. May take any reasonable action to minimize damage to forest lands, timber or public resources from the direct or indirect effects of the catastrophic event; and

2. Shall comply with any requirements of a notice to comply or stop work order as if the operations were conducted pursuant to an approved application. (RCW 76.09.060(7); WAC 222-20-070).

D. Harvesting Without a Forest Practices Permit. When harvesting takes place without a permit, except as provided in subsection (C) of this section, the County shall impose the six-year moratorium of SJCC 18.40.160(B) on the entire parcel or parcels illegally harvested from the date the unpermitted harvesting was discovered by the WDNR or the County. If the land is converted to nonforestry use, this also constitutes an illegal conversion that is subject to the enforcement provisions of SJCC 18.40.170(A)(2) and (3) (RCW 76.09.060(3)(b)(i) (C) and (iii)).

E. Logging roads shall be subject to provisions of SJCC 18.40.120 through 18.40.180 and 18.60.080(C) (private roads).

F. Where applicable, forest management practices shall be consistent with the San Juan Islands Trust Land Management Plan. (Ord. 12-2001 § 5; Ord. 14-2000 § 7(EEE); Ord. 2-1998 Exh. B § 4.12.1)

18.40.130 Conversions of land to non-forestry use – Forest management practices – Regulations by designation.

General regulations in SJCC 18.40.120 through 18.40.180 shall apply to all Comprehensive Plan designations, except that commercial timber harvest shall not be permitted in the natural designation. (Ord. 2-1998 Exh. B § 4.12.2)

18.40.140 Conversions of land to non-forestry use – Forest management practices – Class IV General forest practices and jurisdictions.

A. Purpose.

1. Class IV General forest practices involve the conversion of forested lands to nonforestry uses, or forest operations being conducted on lands with a high likelihood for conversion to nonforestry use, such as in designated urban growth areas.

2. Class IV General is not intended to serve as a growth control per se, but rather for the management and mitigation of growth and development. The environmental review and conditioning of Class IV General forest practice applications are intended to be at a higher level than for continuance of forestry use, in recognition of the higher impacts associated with conversion of the land to developed uses.

B. Applicability. Applications involving any of the following circumstances are Class IV General:

1. Lands that have been or are being converted to nonforestry use;

2. Forest practices on lands platted after January 1, 1960;

3. Lands with a likelihood of future conversion to urban development within the next 10 years;

4. All Class II (including timber harvest and road construction) and Class III forest practice applications in designated urban growth areas; and

5. All Class I applications in the UGAs, but only after the County has assumed permit jurisdiction (see subsection (D) of this section).

C. Exceptions to the Requirement for a Class IV General Permit.

1. Forest practices involving a single landowner where contiguous ownership is less than two acres in size. This exception does not apply if:

a. Any of the limiting conditions in WAC 222-16-050(3)(r) are present. In this case, an application for Class II, III, or IV must be made, depending on the forest practices proposed. If these conditions are present and a conversion is proposed, a Class IV General application is required.

b. The forest practices are Class IV Special; that is, they have the potential for substantial impacts to the environment as provided in WAC 222-16-050(1), 222-16-070, or 222-16-080.

c. The land already has a six-year moratorium applied to it as part of the forest practice permit in SJCC 18.40.160 or as a result of enforcement actions as per SJCC 18.40.170. In this case, a Class IV General application is required for a conversion to any nonforestry use.

d. The land is in a designated UGA and the County has assumed permit jurisdiction for Class IV General. In this case, subsection (B)(5) of this section applies (but SEPA review is not required – see SJCC 18.40.150(A).

2. Applications involving any of the following circumstances are not Class IV General:

a. The landowner submits a signed statement of intent to retain the land in forestry use as in SJCC 18.40.160.

b. The landowner submits a County-approved conversion option harvest plan (see SJCC 18.40.180) as part of an application for a Class II, III, or IV special forest practices permit.

c. An application that involves forest practices that are listed as Class IV Special in WAC 222-16-050, 222-16-070, and 222-16-080, but that also includes a conversion, is processed as Class IV Special by the WDNR but also is accorded the full County review and conditioning of a Class IV General.

D. Jurisdiction for Class IV General Permit Review and Approval. Unlike other forest practices, the County exercises additional review and approval authorities for Class IV General forest practices. These authorities were clarified and extended by SSB 5714, enacted by the 55th Legislature, 1997:

1. Before December 31, 2001. The County may adopt an ordinance to regulate Class IV General forest practices, and request the transfer of jurisdiction for review and approval of these permits within the County. The WDNR and Washington Department of Ecology will review the County’s proposed regulations, and approve the transfer of jurisdiction. In the absence of such a transfer, the WDNR will continue to exercise approval authority to the end of 2001 with input from the County.

2. After December 31, 2001. The County must have adopted an ordinance and assumed jurisdiction over these permits by this date. Thereafter, the County regulates and enforces all Class IV General applications within the County. (Ord. 14-2000 § 7(EEE); Ord. 2-1998 Exh. B § 4.12.3)

18.40.150 Conversions of land to non-forestry use – Forest management practices – Regulations governing Class IV General forest practice permits.

A. SEPA Review Required. Class IV General forest practices are reviewed under SEPA, and the preparation of a checklist (see SJCC 18.80.050) is required. (However, Class I forest practices in urban growth areas, when processed as Class IV General forest practices, are not subject to environmental review under SEPA.)

B. Procedures for Conversion to Nonforestry Use. If a forest practice permit application indicates the intention by the property owner to convert to a nonforestry use, or if forest practices are proposed to occur on land platted after January 1, 1960:

1. If Class IV General is Still Within WDNR Jurisdiction. The County shall forward to the WDNR its consent or objections to the permit. The County response shall be based on compliance with provisions of the Comprehensive Plan and applicable subarea plans. The County shall not consent to forest practice permit approval if the operations proposed will preclude compliance with applicable County regulations. The WDNR will not approve the portions to which the County objects unless it receives a favorable ruling on appeal to the forest practices appeals board; or

2. Once the County Has Jurisdiction. The administrator shall approve, approve with conditions, or deny the application based on the criteria above, the results of the environmental review, and administrative review of compliance with the requirements and standards of this code (such as shorelines, environmentally sensitive areas, road design, grading and drainage), and other applicable codes and regulations.

3. The property owner shall submit to the administrator a signed statement of the proposed use, and a plot plan that identifies the land area to be devoted to it. The administrator shall impose any conditions necessary to ensure compliance with applicable County regulations and shall notify the property owner (and WDNR, if applicable) of County requirements. The administrator may also provide recommendations to the property owner for site development in accordance with applicable County policies. The property owner shall sign a statement of compliance with County regulations provided by the administrator. (Ord. 14-2000 § 7(EEE); Ord. 2-1998 Exh. B § 4.12.4)

18.40.160 Conversions of land to non-forestry use – Forest management practices – Regulations governing continuance of forestry use.

A. Landowner’s Intention Not To Convert.

1. If the landowner submits a signed statement to the WDNR, as part of a forest practices application, that the land will be retained in forestry use and will not be converted to uses other than commercial forest product operations within 10 years after approval of the application, then a Class IV General permit will not be required, and a mandatory development moratorium shall be applied (see subsection (B) of this section).

2. Recording of Intent. The WDNR will submit to the County a copy of the statement of a forest landowner’s intention not to convert. The County shall file this statement with the County auditor, who shall record this statement together with a legal description of the property affected as provided in Chapter 65.04 RCW. WDNR will collect a recording fee from the applicant and reimburse the County for the cost of recording the application (RCW 76.09.060.3(b)(i)(A) and (B)).

B. Mandatory Six-Year Development Moratorium. For six years after the date of the application the County shall deny any and all applications for permits or approvals, including building permits and subdivision approvals, relating to nonforestry uses of the entire parcel or parcels subject to the application (RCW 76.09.060(3)(b)(i), (ii), and (iii)).

C. Continuing Forestry in Urban Growth Areas. Forest practices within a designated UGA require a Class IV General permit (see SJCC 18.40.140(B) (3), (4), and (5), unless:

1. The landowner submits a signed statement of intent not to convert for 10 years, as per subsection (A) of this section, with an application, accompanied by either a written forest management plan acceptable to the WDNR or documentation that the land is enrolled under the provisions of Chapter 84.33 RCW (i.e., proof of forest tax class status). A mandatory development moratorium shall be applied (see subsection (B) of this section); or

2. A COHP is submitted to the WDNR as part of an application. (Ord. 12-2001 § 5; Ord. 14-2000 § 7(EEE); Ord. 2-1998 Exh. B § 4.12.5)

18.40.170 Conversions of land to non-forestry use – Illegal conversions and enforcement.

A. Conversion Without a Class IV General Permit or COHP.

1. If land is converted to a use other than commercial forest product operations within six years after approval of a forest practices permit application that was not a Class IV General or did not have a COHP attached, the conversion constitutes a violation of each of the local and regional authorities to which the forest practice operations would have been subject if the application had stated that conversion was intended (RCW 76.09.060(3)(b)(iii)).

2. The County shall impose the six-year moratorium of SJCC 18.40.160(B) on the entire parcel or parcels that were illegally converted from the date the unpermitted conversion was discovered by the WDNR or the County (RCW 76.09.060 (3)(b)(i)(C)).

3. Violations may be subject to civil or criminal penalties, as per Chapter 222-46 WAC. The County may also enforce its regulations as provided in subsection (A)(1) of this section, using the procedures in Chapter 18.100 SJCC.

B. Failure to Comply with Reforestation Requirements. This constitutes a removal of designation and a change of use, and shall subject all parcels illegally converted to the payments and/or penalties resulting from such removals or changes (RCW 76.09.060(3)(b)(ii)). (Ord. 12-2001 § 5; Ord. 14-2000 § 7(EEE); Ord. 2-1998 Exh. B § 4.12.6)

18.40.180 Conversion option harvest plan (COHP) – General regulations.

A. A COHP is a voluntary plan developed by the landowner and approved the County that indicates the limits and types of harvest areas, road locations, and open space. This approved plan is submitted to the WDNR as part of a Class II, Class III, or Class IV Special forest practice application, and is attached to and becomes part of the conditions of the permit approved by the WDNR.

If the requirements of the COHP are continuously met by the landowner, the COHP maintains the landowner’s option to convert to a use other than commercial forest product production; that is, it releases the landowner from the six-year moratorium on future development (see SJCC 18.40.160 (B)) without having to file a Class IV General application (WAC 222-20-050(2)).

Failure to meet the requirements of the COHP requires the imposition of the six-year moratorium, and conversions under such circumstances are illegal conversions; see subsection (F) of this section.

B. All applications for a COHP shall be submitted to the administrator in a form to be determined by the administrator. COHPs will be processed and reviewed in the same manner as “Prov” permit review for compliance with development and performance standards, SJCC 18.80.070(E). The application shall include:

1. The application checklist, including a legal description of the property.

2. The COHP agreement form.

3. The application fee.

4. Maps and drawings of the property detailing the following:

a. Location of existing and proposed roads, yarding areas, and access points;

b. Location and types of vegetation, old growth trees, and snags;

c. Location and type of soils;

d. Location and type of water bodies, drainage ways, or wetlands;

e. Location and type of critical habitat areas and other environmentally sensitive areas (see SJCC 18.30.110 et seq.);

f. Comprehensive Plan designation for the property;

g. Intended use(s), if known;

h. Approximate limits of conversion option harvest area;

i. Specific plans to modify or conduct forest practice activity for future conversion options;

j. Location and approximate dimensions of all clearcut areas; and

k. Parcel boundaries and dimensions.

5. Maps sufficient to describe any and all off-site improvements or access roads, together with evidence that all property owners of record, and all easement holders, for the off-site areas and access roads have signed an agreement to the use of the off-site area(s) and access roads.

C. All COHPs shall meet the following minimum standards:

1. No more than 40 percent of the number of standing merchantable trees and trees 12 inches diameter-at-breast-height (dbh) or greater may be harvested under a COHP. All stumps and understory shall remain undisturbed as much as possible. No brush raking is permitted. Additional harvesting within six years from the date the COHP harvest is completed will require submittal of a State Environmental Policy Act (SEPA) checklist and SEPA review by the County (see SJCC 18.80.050).

2. A COHP shall preserve a 50-foot-wide buffer along the perimeter of the site. With the exception of approved road access points, no more than 30 percent of the total number of standing merchantable trees and trees 12 inches dbh or greater may be removed within the buffer; provided, that no portion of the buffer shall be clearcut.

3. A COHP shall preserve a 50-foot-wide buffer along all roads adjoining or abutting the subject property. A 15-foot-wide buffer shall be preserved along roads within the subject property. With the exception of approved road access points, no more than 30 percent of the total number of standing merchantable trees and trees 12 inches dbh or greater may be removed within the buffer; provided, that no portion of the buffer shall be clearcut.

4. All roads in a COHP shall be designed to accommodate the potential for future development and subdivision of the property. Roads and skid trails shall minimize total road length. All roads in a COHP shall meet the design and construction standards specified in Chapter 18.60 SJCC. All roads which propose to cross a stream shall be required to obtain an hydraulic project approval (HPA) permit, as determined by the Washington Department of Fish and Wildlife, prior to submittal of the COHP.

5. A COHP shall minimize the number and size of clearcut areas. No individual clearcut areas may exceed 10 percent of the total acreage, up to a maximum of two acres.

6. A COHP shall contain written authorization from the property owner agreeing to San Juan County enforcement of nonforestry-related conditions of the COHP permit issued by the WDNR.

7. All COHP harvest activities shall be completed within two years from the date the COHP forest practice permit is issued by the WDNR.

8. Where evidence of unstable soils (as defined by the WDNR) exists, no trees or other vegetation will be removed on slopes exceeding 30 percent. On slopes of 15 percent to 30 percent, no undergrowth shall be removed and tree removal shall not exceed 25 percent of the total number of trees.

9. Where soils are documented as stable, tree removal shall not exceed 30 percent of the total number of trees on slopes between 20 percent and 40 percent. Tree removal and removal of vegetative cover is not permitted on slopes exceeding 40 percent.

10. All trees over 125 years old shall be retained where practical. Snags shall be retained where they do not pose a safety hazard.

11. Trees remaining on the site after the harvest will represent all species and size classes existing on the site before harvest.

12. Trees remaining on the site will be of sufficient quality (good crown cover, deep root system, and healthy condition) to survive after the harvest is complete.

D. Any COHP which exceeds the minimum requirements of subsection (C) of this section, or exceeds thresholds listed below, shall be submitted in the same manner described above but will also require (1) a site inspection by the County to evaluate the potential impacts of the COHP; and (2) the preparation of a SEPA checklist. Note: the standard for the preparation of a checklist for forest practices is the “potential for substantial impact on the environment.” If the site inspection and checklist indicate that there will be probable significant impacts, a determination of significance shall be issued unless the impacts can be sufficiently mitigated for an MDNS (see SJCC 18.80.050).

The thresholds for review are:

1. The total property included in the COHP is greater than 20 acres, or any portion is classified as designated forest land or is located within a forest resource land use district.

2. The COHP includes harvest on slopes exceeding 40 percent.

3. The COHP includes any clearcut areas exceeding two acres.

4. The COHP has potential for substantial adverse impacts on wildlife, as determined by the Washington Department of Fish and Wildlife.

5. The COHP has potential for substantial adverse impacts on archaeological resources, as determined by the Washington Office of Archaeology and Historic Preservation or a qualified professional.

6. The COHP has potential for substantial adverse impacts on Class 1 or 2 regulated wetlands, includes fill in wetlands, or is located where no natural wetland buffering vegetation is present.

E. The WDNR shall review and take action on all permit applications that have approved COHPs attached within 30 days from the date of a complete application. Failure of the WDNR to take action within 30 days shall result in the COHP being approved as submitted.

F. Failure to Comply with the Terms of a COHP.

1. An approved COHP may not be altered or revoked by the permittee without written agreement by the administrator, or by the County without agreement by the permittee, and in either case must be approved by the WDNR.

2. If a landowner fails to comply with the requirements of the conversion option harvest plan, the County shall impose the six-year moratorium of SJCC 18.40.160(B) from the date the application for the permit was given final approval by the WDNR or by the County (if approval jurisdiction had been transferred to the County) (RCW 76.09.060(3)(b)(i)(F)).

3. If a landowner fails to comply with the requirements of the conversion option harvest plan, any conversion that occurs constitutes an illegal conversion that is subject to the enforcement provisions of SJCC 18.40.170(A)(2) and (3).

G. Improvements Subject to this Code. If any off-site or on-site improvements are subject to development or performance standards or permit requirements of this code, such requirements shall be met before a COHP approval is granted by the County. (Ord. 14-2000 § 7(EEE); Ord. 2-1998 Exh. B § 4.12.7)

18.40.190 Cottage enterprises.

The following standards apply to all cottage enterprises:

A. No exterior display of goods for sale shall be allowed.

B. Outdoor storage areas exceeding 500 square feet shall not be visible from adjacent properties or rights-of-way.

C. The enterprise employs or contracts no more than six persons on-site.

D. The cottage enterprise is an accessory use to the residential use of a dwelling unit, and the residential function of the buildings and property shall be maintained. The operator of the enterprise must reside on the parcel.

E. No more than one sign is allowed. No sign may be larger than two square feet, be internally illuminated, or be of reflective material.

F. The impacts of the cottage enterprise, as identified in Table 8.2 in SJCC 18.80.090, may not exceed the “low impact” category, except as follows:

1. The cottage enterprise shall not increase the one-hour average background sound level by more than two decibels at the property boundary.

2. Traffic generated by the cottage enterprise shall not exceed five round trips per day if the use is located on a local access road or a nonsurfaced minor collector road; 10 round trips per day if located on a surfaced minor collector road; or 20 round trips per day if located on a major collector road.

3. Parking spaces serving the cottage enterprise shall be screened from view from adjoining properties by a “Type B” landscaping screen (SJCC 18.60.160). Parking impacts need not necessarily meet the levels criteria of Table 8.2 in SJCC 18.80.090.

G. The owner(s) of a cottage enterprise shall certify compliance with performance standards in subsections (A) through (F) of this section, at the time the business commences, every five years, and at the time of sale of the property. Written certification shall be submitted to the permit center in a format approved by the administrator.

H. Sales and service incidental to the principally permitted use are allowed.

I. If one or more structures accessory to a single-family residence is used for the conduct of the cottage enterprise, the use area in accessory structures devoted to it shall not exceed 2,500 square feet in area on parcels two acres or less in size, except for existing accessory buildings constructed before the effective date of this code.

J. No use shall be made of equipment or material which produces unreasonable vibration, noise, dust, smoke, odor, electrical interference to the detriment of adjoining property. (Ord. 7-2005 § 9; Ord. 2-1998 Exh. B § 4.13)

18.40.200 Desalination systems.

Standards for all desalinization systems are provided in SJCC 18.50.350(B) and also apply to portions of systems that occur outside the shoreline jurisdiction. (Ord. 2-1998 Exh. B § 4.14)

18.40.210 Day care and residential care facilities.

A. Child Day Care Facilities. The following standards apply to all child day care facilities:

1. All day care facilities shall demonstrate compliance with state licensing requirements.

2. Prior to initiating child care services, each child care provider must file a child care registration form with the administrator. The provider shall identify the classification of the day care facility as specified in state law, and must demonstrate compliance with the applicable requirements of this code as listed on the registration form.

3. Equipment used in the day care operations shall comply with all building setback requirements for the land use district in which the facility is located.

4. Day Care Facilities – Accessory Use.

a. A child day care center shall be considered an accessory use if it is sited on the premises of a community service use, such as a private or public school, grange, community center, library, or similar adult gathering place, and is operated in association with that activity.

b. Child care facilities for the exclusive use of employees of a business or public facility shall also be allowed as an accessory use of the business or facility. Prior to initiating operation of an accessory use child day care center, the operator must register with the County as specified in this section.

5. No structural or decorative alteration is allowed which would alter the residential character of an existing residential structure used as a child day care center.

6. An off-street area shall be provided for vehicles to drop off and pick up children.

B. Residential Care Facilities and Nursing Homes. The following standards apply to all residential care facilities and nursing homes:

1. The provider shall demonstrate compliance with state licensing requirements.

2. Prior to operation, each provider must file a facility registration form with the administrator. The provider shall identify the classification of the care facility as specified in state law and must demonstrate compliance with the applicable requirements of this code as listed on the registration form. (Ord. 2-1998 Exh. B § 4.15)

18.40.220 Drive-through window services.

The following standards apply to all drive-through window services:

A. Only the following uses are permitted to have drive-through windows: banking, postal service, and ferry ticketing.

B. A minimum of 120 feet of vehicle-queuing space shall be provided which is not within the public right-of-way, within on-site vehicular circulation aisles, or between the building and street. (Ord. 2-1998 Exh. B § 4.16)

18.40.230 Farm stay and farm worker accommodations.

A. Farm Stay Accommodations. The following standards apply to all farm stay accommodations:

1. Farm stay accommodations may be provided for up to six persons at any one time.

2. The site must currently be in the assessor’s tax category of agricultural open space.

3. Farm stay accommodations must be consistent with bed-and-breakfast residence requirements (see SJCC 18.40.260), except that farm stay accommodations may serve three meals a day to overnight guests only.

4. Accommodations shall be clearly subordinate to the agricultural activities on site or in the affected agricultural area and shall not detract from the rural environment.

5. Accommodations shall be located on no more than one acre of the farm parcel and shall be located so as to minimize the amount of agricultural land loss.

6. Accommodations shall not require the extension of public sewer and water services. On-site sewage disposal systems and water supplies shall be adequate to support the facility.

7. Accommodations are characterized by providing a maximum of 100 days annually for participation in farm operations and a maximum of 100 days annually for farm education programs.

B. Farm Worker Accommodations. The following standards apply to all farm worker accommodations:

1. Farm worker accommodations may be provided for up to 10 persons.

2. The site must currently be in the assessor’s tax category of agricultural open space.

3. Accommodations are provided only to persons who are directly involved in agricultural activities and paid by the farm operator.

4. Accommodations shall be clearly subordinate to agricultural activities on site or in the affected agricultural area and shall not detract from the rural environment.

5. Accommodations shall be located on no more than one acre of the farm parcel and shall be located so as to minimize the amount of agricultural land loss.

6. Accommodations shall not require the extension of public sewer and water services: on-site sewage disposal systems and water supplies shall be adequate to support the facility. (Ord. 2-1998 Exh. B § 4.17)

18.40.240 Accessory dwelling units (ADUs).

The following standards apply to all accessory dwelling units:

A. Accessory Dwelling Unit. Where not otherwise prohibited by this code, only one attached or detached accessory dwelling unit is permitted on any lot for which this code allows a principal residence as the principal use of the lot; provided, that all of the requirements of this section are met, except where the applicable density for that lot allows for additional residences. Each detached accessory dwelling unit shall be counted as a separate dwelling unit for density calculations, except when allowed pursuant to an ADU permit.

B. A detached ADU is permitted in the Eastsound urban growth area, the Lopez Village urban growth area and in all activity center land use districts, except island center district, on any lot that allows a principal residence as the principal use of the lot. Each ADU in these areas shall not be counted in density calculations.

C. Subject to the provisions of this section, a detached ADU is permitted in the following land use districts: RFF, RR, RGU, AG, and FOR.

D. An accessory dwelling unit is prohibited in the rural industrial, rural commercial, natural, and conservancy land use districts.

E. An accessory dwelling unit is prohibited on parcels in the island center district per SJCC 18.30.030 Table 3.1, footnote 13.

F. The following standards apply to all accessory dwelling units:

1. Size. An accessory dwelling unit permitted subsequent to the adoption of this section shall not exceed 1,000 square feet in living area as defined in SJCC 18.20.120.

2. Parking. At least one additional off-street parking space shall be provided for the accessory dwelling unit in addition to the parking required for the principal residence.

3. Driveway and Utilities. An accessory dwelling unit shall use the same driveway, septage/sewer system, and water system as the principal residence.

4. Ownership. An accessory dwelling unit must be owned by the owner of the principal residence.

5. Permits. Every new accessory dwelling unit will require a building permit. Every conversion of an existing structure to an accessory dwelling unit must meet all the requirements of this section and will require a building permit. Any additions to an existing building shall not exceed the allowable lot coverage or encroach onto setbacks. The size and design of the ADU shall conform to applicable standards in the building, plumbing, electrical, mechanical, fire, health and any other applicable codes.

G. The following standards apply to all detached accessory dwelling units:

1. ADU Permit. Every new detached accessory dwelling unit and every conversion of an existing structure to a detached accessory dwelling unit that does not meet the density requirement of the parcel on which it will be located shall require an “ADU permit.” No more than one ADU permit shall be issued to a property owner in any calendar year. The fee for an ADU permit shall be the same as that for stormwater review. Prior to issuing any ADU permit, the applicant must submit for approval a site plan showing that the accessory dwelling unit and principal residence will meet the requirements of this section.

a. Within land use districts located inside of the boundaries of activity centers and urban growth areas, there is no restriction on the number of permits for detached accessory dwelling units.

b. Outside of the boundaries of activity centers and urban growth areas, the number of detached ADU permits in any calendar year shall not exceed 12 percent of the total number of building permits for new principal residences issued for the previous calendar year outside the boundaries of activity centers and urban growth areas. Two of that 12 percent (10 percent new, two percent conversions) of the permits released in any one year shall be restricted for the conversion of existing accessory structures that have legally existed for no less than five years. ADU permits shall be issued on a first come/first served basis under procedures established by the administrator. No unassigned ADU permits shall carry forward to the next year.

2. Distance. The maximum distance between the closest vertical walls of the main house and any detached accessory dwelling unit shall be no more than 100 feet. If the 100 feet dimension would result in a greater impact, the administrator may allow up to 150 feet separation.

3. Location. Locate every new detached ADU and its utilities and driveway to avoid or minimize intrusion on the most sensitive open-space features of the site, including but not limited to:

a. Existing orchards, meadows and pasture areas;

b. Ridgelines and contrasting edges between landscape types unbroken by structures;

c. Rolling, open or steep open slopes; and

d. Critical areas.

4. Parcel Size.

a. There is no minimum parcel size for a detached ADU in urban growth areas and activity centers.

b. A detached ADU is not permitted on parcels less than: (i) five acres in size in any rural district, (ii) 10 acres in size in the agricultural district, and (iii) 20 acres in size in the forest district.

5. Sequence of Construction. Either the accessory dwelling unit or the principal residence may be built first. Regardless of the sequence of construction, every detached accessory dwelling unit must comply with the requirements of this section. When the principal residence is constructed after the ADU, the applicant must show that the structure indicated as the accessory dwelling unit was constructed according to all applicable requirements in effect at the time the building permit was issued for the accessory dwelling and the accessory dwelling unit does not exceed 1,000 square feet of living area. (Ord. 12-2007 § 1; Ord. 7-2006 § 6; Ord. 21-2002 § 5; Ord. 2-1998 Exh. B § 4.18)

18.40.250 Hospitality commercial establishments – Bed and breakfast inns.

The following standards apply to all bed and breakfast inns:

A. No more than five guest rooms nor more than 15 guests shall be accommodated at any one time in a bed and breakfast inn. In bed and breakfast inns in historic structures containing more than five guest rooms, a general standard of three people per room will be used to determine maximum capacity.

B. If a building is on a federal, state, or local register of historic structures, then the owner may apply for a bed and breakfast inn for up to 10 rooms. A conditional use permit may be granted if the historic character and fabric of the building are preserved, if there are no new structures or additions to the existing structure(s), and if all other bed and breakfast inn standards and restrictions are met.

C. Bed and breakfast inns served by nonpaved County roads for more than 500 feet shall be limited to three guest rooms.

D. Bed and breakfast inns are not allowed if access is by means of shared private nonsurfaced access roads.

E. No meals other than breakfast served before noon shall be provided in bed and breakfast inns. Meals may only be served to overnight guests.

F. Kitchen facilities are prohibited in guest rooms.

G. Bed and breakfast inns shall be restricted to proprietor-occupied single-family residences.

H. Guest occupancies shall be limited to no more than 30 consecutive days.

I. The exterior of the building shall retain a residential appearance.

J. The bed and breakfast inn shall be operated in a way that will prevent unreasonable disturbance to area residents.

K. One off-street parking space shall be provided for each guest room in addition to parking required for the residence. All parking spaces shall meet the standards of SJCC 18.60.120.

L. Approval shall be conditional upon compliance with all applicable building code requirements, state liquor laws, and state sanitation requirements.

M. No more than one sign is allowed. No sign may be internally illuminated or of reflective materials, or be larger than two square feet. It may con-

tain only the name of the business and the hours of operation.

N. The owner(s) of a bed and breakfast inn shall certify compliance with performance standards A through M of this section every five years and at the time of sale of the property. Written certification shall be submitted to the permit center in a format approved by the administrator. (Ord. 2-1998 Exh. B § 4.19.1)

18.40.260 Hospitality commercial establishments – Bed and breakfast residences.

The following standards apply to all bed and breakfast residences:

A. Bed and breakfast residences shall be restricted to owner-occupied single-family residences. A bed and breakfast residence shall not occur in the same building with any other type of transient accommodation.

B. No more than two sleeping rooms shall be available for the accommodation of bed and breakfast residence guests.

C. No more than six guests shall be accommodated at any one time.

D. Bed and breakfast residences shall be limited to a maximum of three guests when located on a private nonsurfaced road and when the residence is more than 500 feet along the nonsurfaced road.

E. Guest occupancies shall be limited to no more than 30 consecutive days.

F. No meals other than breakfast served before noon shall be provided in bed and breakfast residences. Meals may only be served to guests.

G. The bed and breakfast residence shall be operated in a way that will prevent unreasonable disturbance to area residents.

H. One off-street parking space shall be provided for each guest room in addition to parking required for the residence.

I. Approval shall be conditional upon compliance with all applicable building code requirements, state liquor laws, and state sanitation requirements.

J. No more than one sign is allowed. No sign may be internally illuminated or of reflective materials, or be larger than two square feet. It may contain only the name of the business and the hours of operation.

K. The owner(s) of a bed and breakfast residence shall certify compliance with performance standards A through J of this section every five years and at the time of sale of the property. Written certification shall be submitted to the permit center in a format approved by the administrator. (Ord. 2-1998 Exh. B § 4.19.2)

18.40.270 Vacation (short-term) rentals of residences or accessory dwelling units (ADUs).

The following standards apply to all vacation (short-term; less than 30 days) rentals of single-family residential units and accessory dwelling units or portions thereof:

A. No more than three guests per bedroom shall be accommodated at any one time.

B. The vacation rental of a principal residence or accessory dwelling unit shall be operated in a way that will prevent unreasonable disturbances to area residents.

C. At least one additional off-street parking space shall be provided for the vacation rental use in addition to the parking required for the residence or accessory dwelling unit.

D. If any food service is to be provided the requirements for a bed and breakfast residence must be met.

E. No outdoor advertising signs are allowed.

F. The owner or a long-term lessee may rent either the principal residence or the accessory dwelling unit on a short-term basis (vacation rental), but not both.

G. Where there are both a principal residence and an accessory dwelling unit, the owner or long-term lessee must reside on the premises, or one of the living units must remain unrented.

H. In all activity center land use districts, rural residential, and conservancy land use districts, the vacation rental of a residence or accessory dwelling unit may be allowed by provisional (“Prov”) permit only if the owner or lessee demonstrates that the residence or accessory dwelling unit in question was used for vacation rental on or before June 1, 1997. When internal land use district boundaries are adopted for an activity center, this provision will apply to VR and HR districts but not to the activity center in general.

I. Vacation rental accommodations must meet all local and state regulations, including those pertaining to business licenses and taxes.

J. Owners of vacation rentals must file with the administrator a 24-hour contact phone number.

K. The owner or lessee of the vacation rental shall provide notice to the tenants regarding rules of conduct and their responsibility not to trespass on private property or to create disturbances. If there is an easement that provides access to the shoreline, this shall be indicated on a map or the easement shall be marked; if there is no access, this shall be indicated together with a warning not to trespass.

L. Detached accessory dwelling units established under SJCC 18.40.240 cannot be separately leased or rented for less than 30 days. (Ord. 7-2006 § 8; Ord. 21-2002 § 5; Res. 145-1998; Ord. 2-1998 Exh. B § 4.19.3)

18.40.280 Industrial uses – Standards for site development.

A. All Industrial Uses. The following standards apply to all industrial uses as listed in Tables 3.1 and 3.2 in SJCC 18.30.030 and 18.30.040 and to those other uses determined by the administrator to be industrial uses.

1. The use of chemicals, industrial solvents, or other noxious or hazardous substances shall comply with all federal, state, and County safety, fire, structural, storage, and disposal standards.

2. Water supplies, wastewater, and sewage disposal facilities adequate to serve the proposed use shall be provided.

3. Retail sales and services incidental to a principally permitted use are allowable, provided:

a. The operations are contained within the main structure which houses the primary use;

b. Retail sales occupy no more than 15 percent of the total building square footage;

c. No retail sales or display of merchandise occurs outside the structure; and

d. All products offered for retail sales on the site are manufactured, warehoused, or assembled on the premises.

4. No use shall be made of equipment or material which produces unreasonable vibration,

noise, dust, smoke, odor, electrical interference to the detriment of adjoining property.

5. Use of a County access road or private road for access to new industrial development shall be permitted only if the applicant demonstrates that public health, safety and welfare will be protected, and if traffic and maintenance impacts to the private road are minimized by conditions on the permit.

B. Industrial Uses in Rural Designations. For all allowable and conditionally permitted industrial uses located in rural land use districts, as listed in Table 3.2 in SJCC 18.30.040, if estimated traffic volume generated would exceed the volume that would be generated by rural residential use of the site (five trips per day per unit of maximum density), any easements or road improvements required by the County engineer to accommodate the increase must be provided prior to occupancy.

C. Concrete Batch Plants – Additional Standards. All receiving, mixing, and preparation activities shall occur in an enclosed space that includes an air filtration exhaust system.

D. Light Industrial Uses – Additional Standards.

1. All operations other than loading and unloading shall be conducted within a fully enclosed building.

2. Production of noise at the property lines of the premises shall not exceed normal ambient noise levels in the vicinity, as discernible without instruments.

3. No emissions of dust, dirt, odors, smoke, toxic gases or fumes will occur. (Ord. 2-1998 Exh. B § 4.20)

18.40.290 Lumber mills (portable and stationary).

A. The hours of operation of all lumber mills – new, existing, or portable – are limited to 7:00 a.m. to 7:00 p.m.

B. No use shall be made of equipment or material which produces unreasonable vibration, noise, dust, smoke, odor, electrical interference to the detriment of adjoining property. (Ord. 2-1998 Exh. B § 4.21)

18.40.300 Mobile home and trailer parks and mobile home subdivisions.

The following standards apply to all nontransient mobile home and trailer park and mobile home subdivisions:

A. The maximum number of sites per acre may not exceed the underlying density standard of the district unless density is transferred from somewhere else through an approved transfer of development rights (TDR) program.

B. At least 50 percent of the site shall be maintained in open space.

C. Dwelling units shall be separated by a minimum of 15 feet.

D. To enhance appearance and provide open space, a 30-foot landscaped area shall be provided on all sides and rear yards surrounding the development.

E. A common storage area shall be provided at a ratio of 50 square feet per dwelling unit.

F. Units shall be oriented in a manner that avoids repetitive siting, encourages privacy, and is compatible with the site layout and topography.

G. Units shall have skirting or permanent decks installed to obscure chassis prior to occupancy.

H. A mobile home park may include a storage area for recreational vehicles owned by residents of the park; provided, that the storage area contains no utility hook-ups and that no RV within the storage area shall be used as living quarters.

I. A carport or garage may be attached to a mobile home as an accessory use.

J. Accessory structures shall be located no closer than 10 feet to mobile homes on adjacent spaces. (Ord. 2-1998 Exh. B § 4.22)

18.40.310 Nonconforming structures and uses.

A nonconforming use, structure, site, or lot is one that did conform to the applicable codes which were in effect on the date of its creation, but no longer complies because of subsequent changes in code requirements. Nonconformity is different than and is not to be confused with illegality (see the definitions of “nonconforming,” “nonconforming use,” and “illegal use” in Chapter 18.20 SJCC). Legal nonconforming structures and uses are commonly referred to as “grandfathered.”

The following standards apply to all nonconforming structures and uses:

A. When a nonconforming use or structure is proposed for alteration, modification, intensification, or expansion under this section, the total impact of the nonconforming use will be considered as well as the added impact of the incremental changes being proposed and the consistency of the changes with the applicable land use designation.

B. Ordinary maintenance and repair of a nonconforming structure and its equipment or fixtures is permitted up to and including total replacement; provided, that the existing three-dimensional building envelope remains unchanged.

C. If a nonconforming use or structure is destroyed by fire or other act of God, it may be rebuilt to the configuration existing immediately prior to the time that the structure was destroyed; provided, that rebuilding is completed within 24 months of the date of destruction.

D. Nonconforming structures may be modified or altered, provided the degree of nonconformity of the structure is not increased.

E. Any nonconforming use or structure may be altered, modified, or remodeled beyond the external dimensions present on the effective date of the ordinance codified in this chapter for the purpose of providing access required under Chapter 51-20 WAC. The extent of the alteration or modifications shall be limited to the provisions of access necessary to comply with Chapter 51-20 WAC as determined by the administrator.

F. Expansion, modification, or intensification of a nonresidential nonconforming use is allowable subject to a conditional use permit, provided:

1. A nonconformance with the standards of this code shall not be created or increased;

2. The proposal shall comply with the standards of this code to maximum extent feasible; and

3. The proposal shall not have an adverse impact on an environmentally sensitive area.

If no exterior structural alterations or additions are made, a nonconforming use may be changed to another nonconforming use; provided, that the proposed use is equally or more appropriate to the district than the existing nonconforming use. Such a change of use shall be subject to conditional use permit approval. In no case shall a nonconforming use be changed to another nonconforming use which is more intensive or has greater impacts than the existing use.

G. Unless specifically provided otherwise, any nonconforming structure or use under the jurisdiction of the Shoreline Master Program shall be subject to the nonconforming use provisions in WAC 173-27-080.

H. Nonconforming uses may be relocated on the same parcel where they occur if the degree of nonconformity is not increased, and subject to a discretionary use permit.

I. No Replacement of Nonconforming Uses when Airport Hazard. No structures or obstructions of any kind or nature whatsoever constituting a nonconforming use shall be rebuilt, repaired, or replaced where such repairing, rebuilding, or replacement constitutes an airport hazard.

J. Abandonment. Nonconforming uses shall be considered abandoned if the use ceases to operate or is discontinued for 24 consecutive months. See also SJCC 18.40.350(H)(3). (Ord. 2-1998 Exh. B § 4.23)

18.40.320 Outdoor storage yards.

All outdoor storage yards for vehicles and equipment, in association with commercial or industrial use, shall be screened from public roadways and paths using either a Type A Screen or a Type C Screen used in conjunction with a fence built with natural materials standing a minimum of six feet high (see SJCC 18.60.160). (Ord. 2-1998 Exh. B § 4.24)

18.40.330 Recreational developments.