San Juan County, WA Article I Activities And Uses

§ 18.30.010 Land use designations.

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

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

• Natural systems and land capability;

• Existing land use patterns;

• The needs and expressed desires of the community; and

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

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

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 Following are the basic land use designations for rural activity centers, though in some cases these are superseded by designations in adopted activity center and subarea plans:

1. Village activity center (V).

a. Commercial (VC).

b. Industrial (VI).

c. Residential (VR).

2. Hamlet activity center (H).

a. Commercial (HC).

b. Industrial (HI).

c. Residential (HR).

3. Residential activity center (RAC).

4. Island center (IC).

5. Master planned resort (MPR).

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

1. Rural general use (RGU).

2. Rural residential (RR).

3. Rural farm-forest (RFF).

4. Rural industrial (RI).

5. Rural commercial (RC).

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

1. Agricultural resource (AG).

2. Forest resource (FOR).

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

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

1. Conservancy (C);

2. Natural (N).

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

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

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

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

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

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

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

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

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

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

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

D. Allowable Residential Density.

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

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

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

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

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

5. Repealed by Ord. 7-2005.

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

7. Conservancy Lands (C).

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

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

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

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

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

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

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

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

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

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

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

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

G. Application, Notice, and Appeal Requirements. The requirements to file an application, the administrative processes for handling the application, and appeal procedures, are specified in Chapter 18.80 SJCC.[1]

[1] See SJCC § 18.30.245 through § 18.30.247 for provisions on density bonuses in Olga Hamlet.

(Ord. 2-1998 Exh. B § 3.2; Ord. 11-2000 § 4; Ord. 14-2000 § 7(ZZ); Ord. 7-2005 § 3; Ord. 25-2012 § 6)

§ 18.30.030 Land use table – Activity center land use designations.

How to Use This Table
Table 18.30.030 displays the classification of uses for activity center land use designations. The allowability and classification of uses as represented in the tables are further modified by the following: • The location may have a multiple designation; this would be true if the Shoreline Master Program, a subarea plan, or an overlay district applied to the location. Note that designations within the shorelines jurisdiction use some of the same names as the uplands land use designations but allowable uses may differ substantially between the uplands and shorelines designations. The Shoreline Master Program (SMP) should be consulted if the location of interest is subject to the SMP jurisdiction. See also notes 1 – 3 to this table. • All regulations in this code apply to the uses in these tables. To determine whether a particular use or activity can occur in a particular land use designation and location, all relevant regulations must also be consulted in addition to this table. Categories of uses: Y = Uses allowed outright (i.e., without a project permit), subject to the applicable development standards (Chapter 18.60 SJCC); if a building or other construction permit is required, this use is subject to administrative consistency review; see SJCC § 18.80.070. P = Provisional use (a project permit), subject to administrative consistency review for compliance with Chapter 18.60 SJCC, Development Standards, and Chapter 18.40 SJCC, Performance and Use-Specific Standards; see SJCC § 18.80.080. P/C = After review of SJCC § 18.80.090 and Table 8.2, the administrator will determine whether a provisional or conditional use permit will be required. C = Conditional use, subject to public notice and permit hearing procedure; see SJCC § 18.80.100. P.A. = Plan Amendment. The use requires an amendment to an adopted master plan; see SJCC § 18.30.060 and § 18.90.060. N = Prohibited use. Basic activity center land use designations:
VC = Village Commercial IC = Island Center HI = Hamlet Industrial VR = Village Residential	HC = Hamlet Commercial VI = Village Industrial MPR = Master Planned Resort HR = Hamlet Residential
Residential Activity Center = Rural Residential, Table 18.30.040 (SJCC § 18.30.220(C)(2)) Also see designations and associated regulations for Eastsound, Olga Hamlet, Orcas Village, Deer Harbor and Country Corner Island Center (LAMIRD).

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

Notes:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Tier 1: Less than 2,000 square feet;

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

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

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

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

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

How to Use This Table
Table 18.30.040 displays the classification of uses for rural, resource, and special land use designations. The allowability and classification of uses as represented in the tables are further modified by the following: • The location may have a multiple designation; this would be true if the Shoreline Master Program, a subarea plan, or an overlay district applied to the location. Note that designations within the shorelines jurisdiction use some of the same names as the uplands land use designations, but allowable uses may differ substantially between the uplands and shorelines. The Shoreline Master Program (SMP) should be consulted if the location of interest is subject to the SMP jurisdiction. See also notes 1 – 3 to this table. • All regulations in this code apply to the uses in these tables. To determine whether a particular use or activity can occur in a particular land use designation and location, all relevant regulations must also be consulted in addition to this table. Categories of uses: Y = Uses allowed outright (i.e., without a project permit), subject to the applicable development standards (Chapter 18.60 SJCC); if a building or other construction permit is required, this use is subject to administrative consistency review; see SJCC § 18.80.070. P = Provisional use (a project permit), subject to administrative consistency review for compliance with Chapter 18.60 SJCC, Development Standards, and Chapter 18.40 SJCC, Performance and Use-Specific Standards; see SJCC § 18.80.080. P/C = After review of SJCC § 18.80.090 and Table 8.2, the administrator will determine whether a provisional or conditional use permit will be required. C = Conditional use, subject to public notice and permit hearing procedure; see SJCC § 18.80.100. P.A. = Plan Amendment. The use requires an amendment to an adopted master plan; see SJCC § 18.30.060 and § 18.90.060. N = Prohibited use. Rural, resource, and special land use designations:
RGU = Rural General Use	RI = Rural Industrial	FOR = Forest Resource Lands
RR = Rural Residential	RC = Rural Commercial	C = Conservancy
RFF = Rural Farm-Forest	AG = Agricultural Resource Lands	N = Natural
Residential Activity Center = Rural Residential, Table 18.30.040 (SJCC § 18.30.220(C)(2))

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

Notes:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

15. Marijuana production is allowed in:

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

b. Nonrigid translucent greenhouses or other structures; or

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

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

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

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

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

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

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

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

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

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

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

§ 18.30.050 Land use regulations – General provisions.

The regulations in this section apply to all land uses in all designations unless stated otherwise.

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

§ 18.30.051 Archaeological and historical site protection.

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

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

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

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

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

§ 18.30.052 Right to farm and forestry provisions.

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

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

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

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

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

2. The required disclosure statement is as follows:

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

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

§ 18.30.053 Development permits and resource lands.

Development permit approvals for the use of lands adjacent to lands designated as AG and FOR resource lands, or lands with a mineral resource land overlay designation, may be conditioned to ensure that the use of such lands shall not interfere with the continued use in the accustomed manner and in accordance with best management practices of those lands designated for resource purposes.

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

§ 18.30.054 Overlay districts.

Overlay districts provide policies and regulations in addition to those of the underlying land use designations. The regulations for these areas are found in SJCC § 18.35.005 through § 18.35.150.

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

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

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

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

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

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

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

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

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

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

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

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

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

b. The priority for the protection of resource lands;

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

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

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

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

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

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

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

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

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

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

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

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

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

E. Where a facility is located or proposed in an appropriate land use, but cannot meet one or more of the development standards included in SJCC Title 16 or 18, the proposal may be approved with an essential public facility conditional use permit as provided in Chapter 18.80 SJCC.

(Formerly 18.30.050(E); Ord. 2-1998 Exh. B § 3.3; Ord. 4-2001 § 1; Ord. 12-2001 § 4; Ord. 52-2008 § 7; Ord. 2-2010 § 3; Ord. 10-2011 § 2; Ord. 25-2012 § 9; Ord. 1-2020 § 2)

§ 18.30.060 Master planned resorts – Special provisions.

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

A. Allowable Uses.

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

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

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

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

B. Residential Densities and Uses.

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

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

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

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

E. Planned Unit Development Applications. Any new development and any new phase of development in an MPR land use designation, except as provided in SJCC § 18.90.060(D)(5), requires the approval of a planned unit development as provided in SJCC § 18.90.060. A phase that is consistent with the approved master plan will not require a master plan amendment.

(Ord. 2-1998 Exh. B § 3.4; Ord. 11-2000 § 4; Ord. 25-2012 § 10)

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

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

B. Conservancy Designations.

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

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

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

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

C. Natural Designations.

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

2. Required Permits and Use Limitations.

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

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

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

d. At Madrona Point on Orcas, if any provision of this section is in conflict with the terms or intent of the 1989 Agreement between the County and the Lummi Indian Tribe (executed under authority of 25 U.S.C. Section 465 and recorded under San Juan County Auditor's File Number 90164328), the 1989 agreement shall prevail.

(Ord. 2-1998 Exh. B § 3.5; Ord. 11-2000 § 4; Ord. 7-2005 §§ 4, 5; Ord. 25-2012 § 11)