A. 
Creation. The Deer Harbor plan review committee is established under authority of this plan by the San Juan County council.
B. 
Composition. The Deer Harbor plan review committee shall consist of seven members, resident in Deer Harbor and its environs, who shall be appointed by the County council for terms of two years each so that terms of all members do not coincide. Terms of four members shall be for one year from the date of adoption of the ordinance codified in this article and the terms of three members shall be for a period of two years from the anniversary of the date of adoption.
C. 
Purpose. The purpose of the Deer Harbor plan review committee is to advise the San Juan County planning commission on land use and development matters affecting Deer Harbor. The Deer Harbor plan review committee would also be responsible for carrying out studies sufficient to enable an informed decision regarding the location of the community center and other issues of importance to the future planning efforts. In addition to the tasks noted above, the Deer Harbor plan review committee is responsible for developing architecture and building design guidelines that may be adopted at a future date.
D. 
Authority. The Deer Harbor plan review committee shall have authority and responsibility to:
1. 
Review this plan at least once every five years from the date of adoption; following such review the committee may recommend to the County council amendments designed to achieve more effectively the purposes and policies of this plan; review and amendment procedures shall be as set out in SJCC § 18.90.050;
2. 
Review and comment on all applications for redesignation, long and short plats, and conditional use permits and variances required by this plan, and all applications for shoreline permits for development within Deer Harbor; and review and comment on all environmental determinations issued according to the State Environmental Policy Act for proposed developments in Deer Harbor;
3. 
Monitor applications and County permit approvals for other developments within Deer Harbor to enable effective and comprehensive review of this plan;
4. 
On request of the administrator or on their own initiative, make recommendations regarding the intent or meaning of any provision of this plan;
5. 
Fulfill the above responsibilities by action in accordance with bylaws for conduct of the Deer Harbor plan review committee adopted by the County council;
6. 
As the full committee or a subcommittee appointed by the chair, hold regular meetings with representatives of the community and development department and the public works department, for the exchange of information about plans for the extension of services or improvements to facilities within Deer Harbor; and
7. 
In order to enable the committee to fulfill its duties and to be adequately informed about pending land use applications in the subarea, the planning director will provide the committee with: (a) current summary reports of all pending land use applications; and (b) complete copies of all applications requested by Deer Harbor plan review committee.
E. 
Appeals. The actions of the Deer Harbor plan review committee are recommendations and therefore not subject to appeal.
(Ord. 26-2007 § 4)
A. 
In order to prevent future random, unplanned and scattered mixed land uses in the hamlet, and to preserve the rural character while providing these services, all new commercial zoning must be located and confined to an area designated as the community center "overlay district" and will only be allowed as part of an approved community center planned unit development. The community center planned unit development must reflect the preferred development standards detailed in SJCC § 18.30.280.
B. 
Establish a community center overlay district that follows Deer Harbor road between the southern edge of the Deer Harbor Inn to the northern parcel of the Resort at Deer Harbor. The community center will only be developed within this zone on parcels with frontage that are no less than one acre. Development of the community center must be accomplished through the planned unit development process of SJCC § 18.80.160.
(Ord. 26-2007 § 5)
A. 
Purpose. To implement the policy of the Deer Harbor Hamlet plan. The Deer Harbor community center overlay district is intended to protect the public, health, safety and welfare by solely limiting the area in the Deer Harbor Hamlet where the community center planned unit development may be constructed.
B. 
Applicability.
1. 
The Deer Harbor community center overlay district shall include those parcels that front on both sides of Deer Harbor Road and will extend from the southern edge of the Deer Harbor Inn to the northern edge of the Resort at Deer Harbor (as indicated in Figure 1 of the Deer Harbor Hamlet plan) within the Deer Harbor Hamlet.
2. 
All new commercial land use district designations within the Deer Harbor Hamlet must be part of a planned unit development on parcels of no less than one acre that have road frontage, that reflect the preferred development standards and must occur within the Deer Harbor community center overlay district.
C. 
General Regulations.
1. 
The community center planned unit development is subject to the requirements of SJCC § 18.60.120, the procedural requirements of SJCC § 18.80.160 and shall reflect the preferred community center development standards.
2. 
The community center planned unit development is limited to one PUD on contiguous lots within the community center overlay district.
(Ord. 26-2007 § 6)
A. 
Purpose. To aid the formation of the community center planned unit development that encompasses both commercial and civic uses within a unified and coherent design regime that is responsive to community needs and community values.
B. 
Applicability. The development standards that shall guide the community center planned unit development are not regulatory so much as advisory. When evaluating proposals for the community center planned unit development, the administrator shall consider the complete application and the consistency of the proposal with the intent and scope and scale of the development standards for the community center planned unit development.
C. 
General.
1. 
Minimum Parcel Size. The minimum size parcel is one acre.
2. 
Open Space.
a. 
Minimum of 50 percent integrated open space.
b. 
Open space must be connecting, rather than separated and isolated.
c. 
Open space includes parks, recreation areas, pedestrian walkways, buffers between the community center and adjacent uses, interior buffers, landscaped areas, patios, areas retained in natural open space, view corridors.
d. 
At minimum, provide pedestrian walkways throughout the community center, picnicking and public gathering areas.
e. 
Walkways shall be at least eight feet wide and connected with all existing and proposed pathways in the hamlet. This path must be part of the overall landscape plan, which shall provide safe separation between the paths and all structures and parking areas, except where these paths provide access to such structures and parking areas.
f. 
Provide 50-foot landscaped buffers between the community center boundaries and adjacent properties. Type "C" screening (see UDC, SJCC § 18.60.160) shall be provided between the community center and adjacent residentially developed or designated properties.
g. 
Landscaped areas throughout the community center with a wide variety of trees, shrubs, and grasses. Landscaping should provide a connection between the built and natural environments and should create a softening of the built environment so that it does not dominate the area.
h. 
Sixty-foot setback from the center line of the existing public road.
i. 
No required setback between uses in the community center except as required by the International Building Code.
j. 
Provide view corridors at least 20 feet wide to visual points of interest.
3. 
Streets, Roads, and Access.
a. 
Right-of-way width – same as UDC, SJCC § 18.60.090 and § 18.60.100 (50 feet if public, 30 feet if private).
b. 
Roadway width – same as UDC, SJCC § 18.60.090 and § 18.60.100 (20 feet wide for private, not mentioned for public).
c. 
No individual access to public roads, must be through common road or roads from community center to public roads, except for loading and unloading.
d. 
Provide loading and unloading areas (see SJCC § 18.60.140, Off-street loading space requirements).
4. 
Parking.
a. 
UDC standards for number of spaces per use.
b. 
Parking nodes throughout community center district serving all the uses in the community center rather than at individual sites.
c. 
Parking lot interiors landscaped (see SJCC § 18.30.350).
d. 
No single parking area greater than 30 spaces.
e. 
On-street parking allowed; provided, that parking spaces are located outside of the travel way and designed to not interfere with through traffic.
5. 
Utilities.
a. 
Demonstrate adequate potable water at preliminary stage. There must be a community system capable of serving all proposed uses in community center district.
b. 
Construct infrastructure for water and sewer at final stage prior to development commencing (may be phased to construct additional infrastructure as development occurs).
c. 
Demonstrate adequate area and suitability for handling sewage. Must be community system capable of serving all proposed uses in the community center district.
d. 
Storm drainage per UDC, SJCC § 18.60.070.
6. 
Built Environment.
a. 
Buildings to be clustered and grouped to maximize open space.
b. 
Buildings shall be for multiple uses unless closely clustered, then single-use buildings allowed.
c. 
Provide for a mix of uses, including residential as accessory to an allowed nonresidential use and/or as multifamily.
D. 
Application Requirements.
1. 
Same as SJCC § 18.80.160 (Procedures for planned unit developments).
2. 
Type, height, location of landscaping.
3. 
Walkways.
4. 
Open spaces.
5. 
Drainage plan.
6. 
Sewer plan.
7. 
Water plan.
8. 
Site plan.
9. 
Topography.
10. 
Open space calculation.
11. 
Building locations and sizes.
12. 
Road location, right-of-way width and surface area width, access to public roads.
13. 
List of proposed uses.
14. 
Phasing over 20 years.
15. 
Building elevations (approximate).
16. 
Floor plans to the extent known.
17. 
Grading plan per UDC.
E. 
Review Process.
1. 
Allowed uses may locate in community center only after review and approval of planned unit development.
2. 
Review process with preliminary review and approval and final approval upon compliance with conditions attached to preliminary review. Conditions would likely require construction of infrastructure such as road, water, sewer, drainage, landscaping, all phasing to specific time periods noted in the approval.
F. 
Changes to Uses in Community Center. Should allow flexibility for changes as uses locate within the community center; provided, that applicants demonstrate compliance with the intent and scope and scale of the approved site plan.
(Ord. 26-2007 § 7)
The Deer Harbor Hamlet has four distinct land use designations: hamlet residential (HR), hamlet commercial (HC), hamlet industrial – A (HI-A) and hamlet industrial – B (HI-B).
A. 
Hamlet Industrial – A. Existing boat storage, haul out, repair and marine sales and service businesses alongside of the fabrication and sales of environmentally friendly products at the Deer Harbor Boat Works (TPN 260724003A) as detailed in SJCC § 18.30.330 are allowable uses in the hamlet industrial designation – A; however, expansion of the current scale and scope of these existing uses is subject to a conditional permit review.
B. 
Hamlet Industrial – B. Existing activities occurring on the Cookston/Connor property (TPNs 260752001 and 260633013 respectively) as detailed in SJCC § 18.30.330 associated with the building, logging, excavation and construction trades are allowable uses in the hamlet industrial designation – B; however, expansion of the current scale or scope of these existing uses is subject to a conditional permit review.
C. 
Hamlet Commercial. Existing and established businesses, such as the Resort at Deer Harbor, Deer Harbor Inn, Deer Harbor Marina and Cayou Quay Marina, are permitted in the hamlet commercial designation; however, an increase to the existing scale or scope of services is allowable only under the conditional review provisions of the UDC (see Table 18.30.310).
D. 
Hamlet Residential. Within hamlet residential designations, residential and limited commercial and institutional uses are permitted (see Table 18.30.310). In all areas in the Deer Harbor Hamlet with a residential density of one unit per two acres, a density bonus is available for construction of affordable housing units, up to a maximum density of one dwelling unit per half acre, as provided for in the planned unit development standards in the Unified Development Code (SJCC § 18.60.220). A maximum of 25 percent of the dwelling units or up to 44 units are permitted within the boundary of the Deer Harbor Hamlet.
(Ord. 26-2007 § 8(A), (B), (D), (E); Ord. 25-2012 § 25)
A. 
A floating zone with bonus density designations is shown on the official map of Deer Harbor Hamlet. Within the bonus density floating zone areas are those designations shown as hamlet residential 2*. The "2*" indicates areas of the hamlet where residential density is limited to one residence per two acres. The asterisk, which is appended to all such density designations, indicates that additional residential units will be permitted as a planned unit development, up to a maximum density of one unit per half acre, as a bonus for the provision of long-term affordable housing as defined in SJCC § 18.60.260(D).
B. 
Bonus Density. The number of dwelling units permitted in a development providing a minimum of 25 percent of the proposed residential units as affordable housing is the lesser of:
1. 
One unit per two acres, plus 1.5 times the number of affordable housing units provided, rounded down to whole units; or
2. 
One unit per half acre.
3. 
Examples:
2 Acres
Market
Affordable
Bonus
Total
SFR
1
1
1.5
2
1
2
3
4
2
2
3
4
Duplex
1
1
3
4
C. 
Bonus Unit. A "bonus unit" is defined to be any residential unit in excess of the maximum density limitation which would prevail without consideration of the bonus herein provided.
D. 
Limitation on Credit. No more than 50 percent of the total residential units counted as affordable housing for the purpose of obtaining a density bonus shall be for middle-income households.
E. 
Maximum Number of Bonus Units. No more than 25 percent of the total residential units within the hamlet shall be bonus units.
F. 
Minimum Standards. The project shall comply with the following minimum standards:
1. 
All bulk and dimensional standards in Table 18.30.320.
2. 
At least 20 percent of the total land area (horizontally measured) of the project shall be set aside and maintained as common open space and landscaped area. Such open space shall not include:
a. 
Areas set aside to meet the requirements of natural environmental features and resource values, as described below;
b. 
Areas devoted to or available for motor vehicle circulation or parking;
c. 
Individual front, rear or side yards, and other areas not available or suitable for common use by project residents or the general public.
3. 
Construction of the affordable residences shall occur either concurrently or before construction of the other (market rate) residences, and no certificate of occupancy shall be issued to the other (market rate) residences until certificates of occupancy have been issued to all the affordable residences.
G. 
Preservation and Open Space. The project shall be designed to protect and preserve natural environmental features and resource values. It shall integrate open space within the development rather than providing it as an isolated element of the project and shall use such open space to enhance the visual compatibility of the project with the surrounding neighborhood.
H. 
Assurance of Affordability. Qualification for the affordable housing bonus will require the filing of a PUD application. No permits shall be issued until the long-term affordability requirements as specified in SJCC § 18.60.260(D) have been assured.
(Ord. 26-2007 § 9; Ord. 25-2012 § 26)
All development and use within the exterior boundaries of the Deer Harbor Hamlet shall conform to the table of allowed land uses set forth in Table 18.30.310.
Table 18.30.310 Allowed Land Uses in Deer Harbor Hamlet1
Commercial Land Uses
LAND USES
HR
HC
HI-A
HI-B
Animal Shelters and Kennels
N
N
N
N
Automotive Service and Repairs
N
N
C
N
Bed and Breakfast Inn
C
C
N
N
Bed and Breakfast Residence
P
P/C
N
N
Camping Facilities
N
C
N
N
Day Care with 1 – 6 Children
P/C
P/C
N
N
Day Care with 7+ Children
C
C
N
N
Drinking Establishment
N
P
N
N
Eating Establishment
N
P
C
N
Hotel/Motel
C2
C
N
N
Indoor Entertainment Facility Theater
N
C
N
N
Category "A" Joint Use Wireless Facility4
Y
Y
Y
Y
Category "B" Joint Use Wireless Facility
P/C
P/C
P/C
P/C
Nursing Homes
N
P/C
N
N
Personal Wireless Service Facility, Co-Located on an Existing, Permitted Stand-Alone Tower, or Mounted to the Surface of an Existing Structure
P/C3
P/C
P/C
N
Personal Wireless Services Facility, Mounted on a Building Which Meets the Height Standard of the Land Use Designation, or a Facility Disguised or Camouflaged As an Allowable Exemption to the Height Standard
P/C
P/C
P/C
N
Personal Wireless Service Facility, other3
C
C
C
N
Personal and Professional Services
N
Y
N
N
Residential Care Facilities [1 – 6 persons]
C
P/C
N
N
Residential Care Facilities [7 – 15 persons]
N
C
N
N
Existing Resorts and Camps, Expansion of Existing Uses without Increase to Scope or Scale
N
C
N
N
Existing Resorts and Camps, Increase in Scope or Scale of Facilities and Services
N
C
N
N
Camps, New
N
N
N
N
Resorts, New
N
N
N
N
Retail Sales and Services
N
Y
Y
C
Vacation Rental of Residence or ADU
C
C
N
N
Warehouse, Mini-Storage, and Moving Storage Facilities
N
N
C
C
Auto Fuel Pumps
N
C
N
N
Unnamed Commercial Uses
N
C
C
C
1 All permitted land uses are subject to the performance and use-specific standards in Chapter 18.40 SJCC. For the purposes of this table, unnamed commercial uses include marinas and associated uses.
2 Only allowable on parcels of 30 acres or more.
3 To minimize commercial developments in residential neighborhoods, in lands designated HR wireless facilities other than joint use wireless facilities must be accessory to a legal conforming or nonconforming structure, and cannot be a primary land use.
4 Though a project permit is not required, these facilities are subject to the requirements for joint use wireless facilities found in Chapter 18.40 SJCC.
Industrial Land Uses
LAND USES
HR
HC
HI-A
HI-B
Bulk Fuel Storage
N
N
C
C
Concrete and Concrete Batch Plants
N
N
N
N
Construction Yard
N
N
C
C
Feedlots
N
N
N
N
Garbage and Solid Waste Transfer Stations
N
N
N
N
Heavy Equipment Rental Services (Incidental to Nonrental Primary Use of Equipment)
N
N
N
C
Heavy Industrial
N
N
N
N
Light Industrial5
N
N
C
C
Light Manufacturing5
N
N
C
C
Lumber Mills, Stationary
N
N
N
N
Outdoor Storage Yards
N
N
P/C
P/C
Recycling Center
N
N
N
N
Recycling Collection Point
N
N
C
N
Resource Processing Accessory to Extraction Operations
N
N
N
N
Mining and Mineral Extraction Activities
N
N
N
N
Reclamation of Mineral Extraction Sites
N
N
N
N
Wholesale Distribution Outlets5
N
N
C
C
Wrecking and Salvage Yards (Boat)
N
N
C
N
Storage and Treatment of Sewerage, Sludge, and Septage – Lagoon Systems
N
N
N
N
Unnamed Industrial Uses
N
N
C
C
5 Subject to low impact provisions of Table 8.2 of Chapter 18.80 SJCC.
Institutional Land Uses
LAND USES
HR
HC
HI-A
HI-B
College
N
N
N
N
Community Club or Community Organization Assembly Facility
C
P/C
N
N
Emergency Services
C
C
C
C
Environmental, Agricultural, Marine, Forestry, Aquacultural Research and Education Facilities
C
P/C
C
N
Government Offices
N
C
N
N
Institutional Camps
N
N
N
N
Library
N
P/C
N
N
Museum
C
P/C
C
N
Post Office
C6
C
N
N
Religious Assembly Facility
N
C
N
N
School, Primary and Secondary
C
C
N
N
Technical School/Adult Education Facility
N
C
C
C
Unnamed Institutional Uses
C
C
C
C
6 At least one part of the property must be located within 100 feet of either side of Deer Harbor Road or within 100 feet of Channel Road between Deer Harbor Road and the Bridge. Residential development standards shall apply.
Recreational Land Uses
LAND USES
HR
HC
HI-A
HI-B
Camping Facilities in Public Parks
N
N
N
N
Indoor Recreation Facilities
N
C
N
N
Outdoor Recreation Developments
N
C
N
N
Parks
C
C
C
N
Playing Fields
C
C
N
N
Recreational Vehicle Parks
N
N
N
N
Outdoor Shooting Ranges
N
N
N
N
Unnamed Recreational Uses
C
C
C
C
Residential Land Uses
LAND USES
HR
HC
HI-A
HI-B
Cottage Enterprise
P
P
P
P
Farm Labor Accommodations for Persons Employed in Agricultural Production on the Premises
P/C
P/C
N
N
Farm Stay
C
C
N
N
Home Occupation
Y
Y
Y
Y
Mobile Home Parks
N
N
N
N
Multifamily Residential Units (3+ units), if Density Permits
C
C
N
N
Single-Family Residential, or Accessory7 Apartment, or Accessory to an Allowable Nonresidential Use
Y
Y
Y
Y
Single-Family Residential Unit
Y
C
N
N
Two-Family Residential (Duplex), if Density Permits
P/C
P/C
N
N
Vacation Rental of Residential or Accessory Dwelling Unit
C
P
N
N
Rural Residential Clusters
Y
N
N
N
Unnamed Residential Uses
C
C
C
C
7 Redesignation from commercial or industrial to residential must comply with the density requirement of a maximum of four units per acre.
Transportation Land Uses
LAND USES
HR
HC
HI-A
HI-B
Airfields
N
N
N
N
Airports
N
N
N
N
Airstrips
N
N
N
N
Hangars
N
N
N
N
Helipads
N
N
N
N
Helipads, Emergency Services
C
C
C
C
Ferry Terminals
N
C
C
N
Parking Lots, Commercial
C
C
C
N
Outer Island Parking
C
C
C
C
Parking Structures
N
N
N
N
Trails and Paths, Public
Y
Y
Y
Y
Water Taxi
C
C
C
N
Streets, Public
Y
Y
Y
Y
Unnamed Transportation Uses
C
C
C
C
Utility Land Uses
LAND USES
HR
HC
HI-A
HI-B
Commercial Communications Facilities
N
C
C
C
Commercial Power Generation Facilities
C
C
C
C
Community Sewerage Treatment Facilities
C
C
C
C
Storage and Treatment of Sewerage, Sludge, and Septage – Systems Other Than Lagoons
C
C
C
C
Utility Distribution Lines
Y
Y
Y
Y
Utility Facilities
C
C
C
C
Utility Substations
C
C
C
C
Utility Transmission Lines
Y
Y
Y
Y
Community Water Systems
P/C
P/C
P/C
P/C
Water Treatment Facilities
P/C
P/C
P/C
P/C
Unnamed Utility Uses
C
C
C
C
Agriculture and Forestry Uses
LAND USES
HR
HC
HI-A
HI-B
Agricultural Processing Retail and Visitor-Serving Facilities and Products
C
Y
N
N
Agricultural Uses and Activities
Y
Y
Y
N
Forest Practices, No Processing
Y
Y
Y
Y
Lumber Mills, Portable, for Personal Temporary Use
Y
Y
Y
Y
Nurseries
C
Y
Y
Y
Retail Sales of Agricultural Products
P/C
Y
Y
N
Small-Scale Slaughterhouses
N
N
N
N
Unnamed Agricultural and Forestry Use
C
C
C
C
Notes
1. Categories of uses:
Y = Uses allowed outright (i.e., without a project permit), subject to the applicable development standards (Chapter 18.60 SJCC); if a building or other construction permit is required, this is subject to administrative review; see SJCC § 18.80.070.
P = Use subject to administrative consistency review for compliance with Chapter 18.60 SJCC, Development Standards, and Chapter 18.40 SJCC, Performance and Use-Specific Standards; see SJCC § 18.80.080.
P/C = Administrative review; a discretionary use subject to administrative permit approval and consistency with Chapter 18.60 SJCC, Development Standards, unless the administrator requires a conditional use permit based on project impacts; see SJCC § 18.80.090 and Table 8.2.
C = Conditional use, subject to public notice and permit hearing procedure; see SJCC § 18.80.100.
N = Prohibited use.
2. The assignment of allowed uses may not directly or indirectly preclude the siting of "essential public facilities" (as designated in the Comprehensive Plan; see also the definition in SJCC § 18.20.050) within the County. See SJCC § 18.30.055.
3. Deer Harbor land use designations:
HC = Hamlet commercial
HI-A = Hamlet industrial (Boatworks, TPN 260724003A)
HI-B = Hamlet industrial (Connor/Cookston TPNs 260633013 and 260752001)
HR = Hamlet residential
(Ord. 26-2007 § 10; Ord. 10-2012 § 20; Ord. 25-2012 § 27; Ord. 2-2018 § 4)
All development and use within the exterior boundaries of the Deer Harbor Hamlet shall conform to the development standards set forth in Table 18.30.320.
Table 18.30.320. Development Standards
Density, Dimension, Open Space Standards for the Deer Harbor Hamlet Activity Center
Activity Center Land Use Designation(1)
HC
HI (A+B)
HR
Maximum Density (parcel area/total number of dwelling units)(13)
[Please refer to the Deer Harbor Hamlet Plan Maps] See SJCC § 18.70.010(E)
Minimum Lot Area
Minimum Setbacks(2, 3, 4, 5)
Front or Road (feet)
10
20
20
Rear and Side Yard
0(6)
0(6)
10
Maximum Building Dimensions
Building Height (feet)(7, 8)
26(14)
26(14)
26(14)
Building Footprint(9)
3,000 sq. ft.
4,000 sq. ft.
2,500 sq. ft.
Building Floor Area(10)
5,000(13) sq. ft.
6,000 sq. ft.
5,000 sq. ft.
Minimum Roof Pitch
4:12
4:12
4:12
Lot Coverage (%)(11)
–
40%
30%
Minimum Required Open Space or Landscaped Area (%)(12)
10%
5%
30%
Notes
1. Hamlet land use designations:
HC = Hamlet commercial
HI-A = Hamlet industrial (Boatworks TPN 260724003A)
HI-B = Hamlet industrial (Connor/Cookston TPNs 260633013 and 260752001)
HR = Hamlet residential
2. Setbacks from roads in activity centers shall be measured from the margin line of the road right-of-way. This measurement shall be to a line parallel to and measured perpendicularly from the appropriate line. Side and rear setbacks are measured from the edge of the property in the same manner as street setbacks.
3. Fences are exempt from setback requirements, except when impairing safe sight lines at intersections, as determined by the County engineer.
4. Setbacks do not apply to mail boxes, wells, pump houses, bus shelters, septic systems and drainfields, landscaping (including berms), utility apparatus such as poles, wires, pedestals, manholes, and vaults, and other items as approved by the administrator.
5. Road right-of-way setbacks may be waived, at the discretion of the County engineer, when the presence of shoreline setbacks, property lines, topography or other restrictions make it unreasonable to construct a structure without encroaching into the road right-of-way setback.
6. The minimum side and rear setbacks shall be 15 feet if the site containing the proposed use is adjacent to any hamlet residential property.
7. Chimneys, smokestacks, fire or parapet walls, ADA-required elevator shafts, flagpoles, utility lines and poles, communication sending and receiving devices, HVAC and similar equipment, and spires associated with places of worship are exempt from height requirements.
8. Structures used for the storage of materials for agricultural activities are exempt from the maximum building height requirements.
9. Building footprint will be determined by the horizontal area enclosed by the exterior wall line and contiguous roofline excluding porches and decks that extend no more than 10 feet from exterior wall line that is closest to the average grade up to a maximum of 250 square feet of deck or porch space. Porches and decks that extend more than 10 feet from exterior wall line or are larger than 250 square feet will be included in overall footprint.
10. Building floor area will be determined by the entire horizontal area enclosed by the exterior wall line and contiguous roofline excluding porches and decks that extend no more than 10 feet from exterior wall line up to a maximum of 250 square feet of deck or porch space. Porches and decks that extend more than 10 feet from exterior wall line, or are larger than 250 square feet, will be included in overall floor area.
11. Lot coverage is measured by the percentage of the total area of a lot or lots within a single development occupied by all structures, excluding roof overhangs and covered porches not used for sales, storage or service.
12. Open space must be maintained in its natural condition, in agricultural or forestry use, or landscaped according to SJCC § 18.60.160.
13. Within commercial zones the construction of any building or buildings may not exceed 5,000 square feet of total floor area within any structure or structures cumulatively on a single parcel.
14. A height bonus allowing a maximum height of 28 feet will be granted for those buildings with a roof pitch no less than 6:12.
(Ord. 26-2007 § 11; Ord. 25-2012 § 28)
Expansion in the scale or scope of the existing allowable activities will be subject to a conditional permit process. When evaluating proposals for the alteration, modification or expansion of an existing allowable use, the administrator shall consider the total impact of the use as well as the added impact of the incremental changes being proposed and the consistency of the changes being proposed with the applicable land use designation. Expansion of or changes to nonconforming activities is subject to the provisions of SJCC § 18.40.310. Shoreline uses are subject to the provisions of the Shoreline Master Program, Chapter 18.50 SJCC and San Juan County Comprehensive Plan Chapter 3.
Existing Commercial and Industrial Land Uses
Connor/Cookston HI-B (TPNs 260633013 and 260752001)
Uses
Allowable
Permit Level
Construction Yard
Y
C
Light Manufacturing
Y
C
Outdoor Storage Yard
Y
P/C
Equipment Rental (Incidental to Nonrental Primary Use of Equipment)
Y
C
Bulk Fuel Storage
Y
C
Cottage Enterprise
Y
P
Plant Nursery
Y
Y
Lumber Mill, Portable, for Personal Temporary Use
Y
Y
Retail Sales and Services
Y
C
Wholesale Distribution Outlet
Y
C
Office Space
N
Single-Family Residence Accessory to an Allowable Nonresidential Use
Y
Y
Commercial Parking
N
Boatworks HI-A (TPN 260724003A)
Use
Allowable
Permit Level
Automotive Service and Repair
Y
C
Retail Sales and Service
Y
Y
Bulk Fuel Storage
Y
C
Eating Establishment
Y
C
Construction Yard
Y
C
Light Industrial
Y
C
Outdoor Storage Yard
Y
P/C
Wholesale Distribution Outlet
Y
C
Wrecking and Salvage Yard (Boats)
Y
C
Adult Educational Facility
Y
C
Outdoor Recreational Developments
N
Single-Family Residential Accessory to Nonresidential Use
Y
Y
Portable Lumber Mill (for Personal Temporary Use)
Y
Y
Launching Ramp (Boat)
Y
C
Barge Landing Site
Y
C
Cottage Enterprise
Y
P
Home Occupation
Y
Y
ADU Vacation Rental
N
Deer Harbor Inn
Uses
Allowable
Permit Level
Hotel/Motel
Y
P
Resort
Y
C
Eating Establishment
Y
P
Drinking Establishment
Y
P
Retail Sales and Services
Y
Y
Personal and Professional Services
Y
Y
Cayou Quay Marina
Uses
Allowable
Permit Level
Marina (Boat, Barge and Winter Dock)
Y
C
Fresh Water Storage
Y
C
Parking
Y
C
Small Boat Storage
Y
C
Marina Maintenance and Repair Office
Y
C
Single-Family Residential, or Accessory Apartment, or Accessory to an Allowable Nonresidential Use
Y
C
The Resort at Deer Harbor
Uses
Allowable
Permit Level
Existing Resort
Y
C
Restaurant
Y
C
Post Office
Y
C
Parking
Y
C
Deer Harbor Marina
Uses
Allowable
Permit Level
Marina
Y
C
Bulk Fuel Storage
Y
C
Retail Sales and Services
Y
Y
Eating Establishment
Y
P
Drinking Establishment
Y
P
Sailing School
Y
C
Water Taxi
Y
C
(Ord. 26-2007 § 12; Ord. 25-2012 § 29; Ord. 2-2018 § 5)
A. 
Parking Area Dimension Standards.
Notes
1. All parking spaces will be constructed following the best practices identified in the adopted Puget Sound Stormwater Manual where practical.
2. End spaces shall be at least 10 feet wide when directly alongside wall or building.
3. All future parking developments within the hamlet commercial designation must be behind the building.
4. End aisles shall have a curbed planter.
5. In gravel areas, parking spaces shall be in groups of no more than four cars each, separated by a curbed planter, log or other approved means.
6. Parking areas shall be landscaped as required, including at least one tree per 10 cars.
7. Angle parking is allowed if it conforms to the Highway Research Board Special Report No.125, Parking Principles.
8. Barrier-free parking shall be provided in accordance with Chapter 51-10 WAC.
9. Minimum width for two-way driveways shall be:
One to six cars: 10 feet.
Seven to 12 cars: 16 feet.
Thirteen plus: 20 feet.
10. See SJCC § 16.55.300(G) for storm drainage standards.
B. 
Applicability. Unless otherwise indicated, parking standards must comply with SJCC § 18.60.120.
(Ord. 26-2007 § 13; Ord. 25-2012 § 30)
A. 
Purpose.
These definitions are solely to be used when examining proposed developments within the Deer Harbor Hamlet.
B. 
"Building footprint"
will be determined by the horizontal area enclosed by the exterior wall line and contiguous roofline excluding porches and decks that extend no more than 10 feet from exterior wall line, up to a maximum of 250 square feet of deck or porch space, that is closest to the average grade. Porches and decks that extend more than 10 feet from exterior wall line, or exceed 250 square feet, will be included in overall footprint.
C. 
"Building floor area"
will be determined by the entire horizontal area enclosed by the exterior wall line and contiguous roofline excluding porches and decks that extend no more than 10 feet from exterior wall line, up to a maximum of 250 square feet of deck or porch space. Porches and decks that extend more than 10 feet from exterior wall line, or exceed 250 square feet, will be included in overall footprint.
D. 
"Classes"
are distinct from schools as they are not tied to specific buildings and may occur informally within residences as either a cottage industry or home-based business and are not limited with regard to number of students.
E. 
"Environmental, agricultural, marine, forestry, aquacultural research and education facilities"
means structures used for research, development and education of environmental, agricultural, marine and forestry practices which are intended to restore and/or enhance the ecology of Deer Harbor and San Juan County. In the hamlet residential (HR) designation, such facilities may not be located on parcels smaller than 20 acres and must provide centralized and communal living amenities.
F. 
Height.
To be determined as follows: Regardless of roof slope, the maximum height shall be 26 feet to the highest point of a structure where the height is measured from the average of the existing predevelopment grade as determined from the center of the perimeter exterior walls of the proposed structure. No more than two stories are permitted.
G. 
"Lot coverage"
is measured by the percentage of the total area of a lot or lots within a single development occupied by all structures, excluding roof overhangs and covered porches not used for sales, storage or service.
H. 
Roof Pitch.
The minimum permitted roof pitch in Deer Harbor is 4:12.
I. 
"School"
means an institution for the instruction of academic disciplines, specific skills or trade-related activities. The allowed activities are limited to traditional primary and middle school curricula, computer use training, tai chi, taekwondo, yoga, sailing, kayaking and other activities of a similar nature and impact. The institution cannot host more than 20 students at one time. Building design and size must meet the standards laid out in Section 4.3 of the Deer Harbor Hamlet Plan (2007) as well as other applicable performance standards detailed in Chapter 18.40 SJCC.
J. 
"Story"
means the complete horizontal division of a building above grade consisting of all rooms, corridors and staircases between adjacent floors.
(Ord. 26-2007 § 14; Ord. 31-2008 § 2; Ord. 25-2012 § 31)
The location of the resource land buffer is shown on the official maps.
A. 
A buffer area of at least 50 feet shall be maintained from the boundary of any property designated as forest resource land.
B. 
No new structure shall be allowed within the buffer area that houses a residential occupancy or commercial occupancy which provides lodging or food service to visitors.
(Ord. 26-2007 § 15)
Outdoor storage shall be screened from the public roads and from the shoreline. The ideal screen will be a combination of berms and landscaped plants, particularly those species native to the area. However, context-sensitive fencing may substitute. Any such screen shall be at least five feet high.
(Ord. 26-2007 § 8(C); Ord. 25-2012 § 32)