The purpose of this article is to implement the goals, policies and objectives set out in the Orcas Village Plan as adopted by the San Juan County council. This article applies to the land and shoreline area described on the Orcas Village Plan official map and establishes land use and development regulations specific to the Orcas Village planning area.
(Ord. 46-2008 § 6(A))
The shoreline master program includes the policies of Section B, Element 3 of the Comprehensive Plan; the regulations in Chapter 18.50 SJCC; and the procedures specified for shoreline use and development in Chapter 18.80 SJCC. Following SJCC § 18.10.050(G), where the regulations in this article are more restrictive they supersede the Unified Development Code and the regulations of the shoreline master program. However, the policies of the shoreline master program are not superseded by this article.
(Ord. 46-2008 § 6(B))
All future amendments to this article of the San Juan County Code will follow the legislative procedures detailed in SJCC § 18.90.020.
(Ord. 46-2008 § 6(C))
This article applies to all land and land use activity and to all structures and facilities within Orcas Village as shown on the official map.
(Ord. 46-2008 § 6(D))
The Orcas Village Plan official map depicts three land use designations for Orcas Village: Orcas Village transportation, Orcas Village commercial and Orcas Village residential. The purposes for these designations are as set out in the Orcas Village Plan, Section 3.2.2.
(Ord. 46-2008 § 6(E); Ord. 25-2012 § 33)
All development and use within Orcas Village shall conform to the Table of Permitted and Prohibited Land Uses in the following table, Table 18.30.430-1:
Table 18.30.430-1 Permitted and Prohibited Land Uses(1)(2)(3)(4)(5)
Commercial Land Uses
Land Uses
Orcas Village Transportation(6)
Orcas Village Commercial
Orcas Village Residential
Automotive Service and Repair
N
C
N
Bed and Breakfast Residence
N
N
Y
Bed and Breakfast Inn
C
Y
N
Day Care, 1 – 6 Children
N
N
P/C
Day Care, 7+ Children
N
N
N
Drinking Establishment
C
Y
N
Eating Establishment
C
Y
N
Hotel/Motel
N
Y
N
Indoor Entertainment Facility
N
N
N
Nursing Home
N
C
N
Personal and Professional Services
C
Y
N
Personal Wireless Service Facility, Co-Located on an Existing, Permitted Stand-Alone Tower, or Mounted to the Surface of an Existing Structure
P/C
P/C
N
Personal Wireless Services Facility, Mounted on a Building Which Meets the Height Standard of the Land Use Designation, or a Facility Disguised or Camouflaged As an Allowable Exemption to the Height Standard
P/C
P/C
N
Personal Wireless Service Facility, Other
C
C
N
Residential Care Facilities, 1 – 8 People
N
C
P/C
Residential Care Facilities, 9 – 15 People
N
C
N
Retail Sales and Services
C
Y
N
Vacation Rental of Residence or Guest House or Accessory Dwelling Unit
N
C
C
Warehouse, Mini-Storage and Moving Storage Facilities
N
N
N
Unnamed Commercial Uses(8)
C
C
C
Industrial Land Uses
Land Uses
Orcas Village Transportation
Orcas Village Commercial
Orcas Village Residential
Bulk Fuel Storage Facilities (for retail)
C
C
N
Light Manufacturing
N
P/C
N
Storage and Treatment of Sewerage, Sludge and Septage – Alternative Systems
N
C
C
Storage and Treatment of Sewerage, Sludge and Septage – Lagoon Systems
N
N
N
Wholesale Distribution Outlet
N
N
N
Unnamed Industrial Uses
C
C
C
Residential Land Uses
Land Uses
Orcas Village Transportation
Orcas Village Commercial
Orcas Village Residential
Cottage Enterprise
N
P/C
P/C
Farm Labor Accommodations for Persons Employed in Agricultural Production on the Premises
N
N
N
Farm Stay
N
N
N
Home Occupation
C
Y
Y
Mobile Home Parks
N
N
N
Multifamily Residential Units (3+ units)
N
P
P
Planned Unit Development
N
Y
Y
Rural Residential Cluster Development
N
N
Y
Single-Family Residential Unit
N
N
Y
Single-Family Residential (1 unit only) or Accessory Apartment (1 unit only) Only as an Accessory to an Allowable Nonresidential Use
Y
Y
Y
Two-Family Residential Unit
N
P
P
Unnamed Residential Uses
C
C
C
Public and Institutional Uses
Land Uses
Orcas Village Transportation
Orcas Village Commercial
Orcas Village Residential
College or Technical School/Adult Education Facility
N
N
N
Community Club or Community Organization Assembly Facility(9)
C
C
C
Emergency Services
Y
Y
Y
Government Offices
C
C
N
Institutional Camps
N
N
N
Library(9)
N
P/C
P/C
Museum(9)
N
P/C
P/C
Post Office
N
Y
N
Religious Assembly Facility(9)
C
C
C
School, Primary and Secondary
N
N
N
Unnamed Public and Institutional Uses(9)
C
C
C
Recreational Uses
Land Uses
Orcas Village Transportation
Orcas Village Commercial
Orcas Village Residential
Camping Facilities in Public Parks
N
N
N
Indoor Recreation Facilities
N
N
N
Outdoor Recreation Developments
C
N
N
Parks
C
P
C
Playing Fields
C
N
N
Recreational Vehicle Parks
N
N
N
Outdoor Shooting Ranges
N
N
N
Unnamed Recreational Uses
C
C
C
Transportation Uses
Land Uses
Orcas Village Transportation
Orcas Village Commercial
Orcas Village Residential
Airfields
N
N
N
Airports
N
N
N
Airstrips
N
N
N
Hangars
N
N
N
Helipads
N
N
N
Ferry Terminal
C
C
N
Parking Lots, Ferry Commuter
C
C
C
Parking Lots, Commercial
C
C
N
Parking Structures
C
N
N
Streets, Public
Y
Y
Y
Taxi and Community Pickup/Dropoff Services
Y
P/C
C
Trails and Paths, Public
Y
Y
Y
Unnamed Transportation Uses
C
C
C
Utilities Uses
Land Uses
Orcas Village Transportation
Orcas Village Commercial
Orcas Village Residential
Commercial Power Generation Facilities(10)
N
N
N
Community Sewerage Treatment Facilities
C
C
C
Utility Distribution Lines
Y
Y
Y
Category "A" Joint Use Wireless Facility(7)
Y
Y
Y
Category "B" Joint Use Wireless Facility
P/C
P/C
P/C
Utility Facilities
C
C
C
Utility Substations
C
C
N
Utility Transmission Lines
C
C
C
Water Storage Tanks, Community
Y
P/C
P/C
Water Treatment Facilities
P/C
P/C
P/C
Unnamed Utility Uses
C
C
C
Agriculture and Forestry Uses
Land Uses
Orcas Village Transportation
Orcas Village Commercial
Orcas Village Residential
Agricultural Processing, Retail and Visitor-Serving Facilities for Products
C
Y
N
Agricultural Uses and Activities
C
Y
Y
Forest Practices, No Processing(11)
C
Y
Y
Lumber Mills, Portable (in use for no more than 48 hours, for personal use)
C
Y
Y
Nurseries
C
N
P/C
Retail Sales of Agricultural Products
C
Y
P/C
Small-Scale Slaughter Houses
N
N
N
Unnamed Agricultural and Forestry Uses
C
C
C
Notes:
1. All uses must be consistent with the purpose of the land use designation in which they are proposed to occur. All land uses in all designations must meet the general regulations in SJCC § 18.30.050 through § 18.30.055 unless otherwise stated therein.
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 Chapter 18.80 SJCC for shoreline permit requirements.
3. Overlay districts and subarea plans provide policies and regulations in addition to those of the underlying land use designations for certain land areas and for uses that warrant specific recognition and management. For any land use or development proposed to be located entirely or partly within an overlay district or within the jurisdiction of a subarea plan, the applicable provisions of the overlay district or subarea plan as provided in this chapter shall prevail over any conflicting provisions of the UDC.
4. The assignment of allowed and prohibited uses may not directly or indirectly preclude the siting of essential public facilities (as designated in the Comprehensive Plan; see also the definition in Chapter 18.20 SJCC) within the County. See SJCC § 18.30.055.
5. Per Ordinance 25-2002, the shoreline east of the Orcas Village commercial designation is a marine protected area with specific provisions regarding acceptable uses. Please see Ordinance 25-2002 for details.
6. Permit procurement will be dependent upon the delineation of the appropriate setbacks and screening requirements necessary to maintain the rural character and visual aesthetic of the village as detailed in Section 2.7 of the Orcas Village Plan. Site-specific concerns, particularly those relating to traffic flow and visual impacts, will be a central consideration in fashioning the appropriate conditions of the CUP.
7. Though a project permit is not required, these facilities are subject to the requirements for joint use wireless facilities found in Chapter 18.40 SJCC.
8. Moorage facilities serving residential uses abutting the Orcas Village shoreline are subject to SJCC § 18.50.260 and other applicable provisions of that section of the code and the policies of the Shoreline Master Program. "Transient moorage facility" is defined as an over-the-water facility for securing boats, including docks, piers and moorage buoys, which accommodates individual craft for no longer than 24 hours per visit and no more than 24 hours per calendar month. The existing Bay Head Marina may expand within but not beyond the existing boat basin, subject to the applicable regulations.
9. It is of primary importance that a traffic study and evaluation of the traffic impacts of this use on the Orcas Village commercial designation be carried out and considered as part of a discretionary or conditional use permit application, review, and implementation.
10. Home generation facilities exempted. Home generation facilities are not considered a utility use but rather a residential accessory use. Home generation facilities are defined as small-scale, home-oriented, wind, solar, biomass or geothermal based technologies that generate electricity from 100 percent renewable resources for the consumption of the property owner. The property owner may, within this provision, sell excess power.
11. Forest practices (including timber harvesting), except for Class IV General (see Chapter 18.40 SJCC), are regulated by the Washington Department of Natural Resources.
The following table entitled Table 18.30.430-2, Explanation of Permit Procedures, describes the land use permit requirements specified above for the Orcas Village land use designations:
Table 18.30.430-2 Explanation of Permit Procedures
Use Category
Permit Procedure
Y
Allowed use. No use permit or review is required. Use, site plan, structures, and parking must meet the development and use standards of Table 18.30.440 and the provisions of this title.
P
Allowed use. A provisional use permit is required. This is approved or denied administratively based on the development standards and performance standards in the UDC and any special conditions in the Orcas Village Plan. A public hearing is not required.
P/C
Allowed use. A discretionary use permit is required. If impacts are found to be high they must be mitigated to medium or low according to UDC, SJCC § 18.80.090, Table 8.2 or the administrator will require a conditional use permit. As noted below, a conditional use permit requires a public hearing.
C
Conditionally allowed use. Because of the nature of the category of use, substantial limitations on the specific use and on the scale and nature of development may be required to ensure that the specific use proposed is appropriate in the Orcas Village environment. The use may be denied, or conditions may be imposed, based on appropriateness of the development and use to the size and location of the site; unique conditions of slope, drainage, access and the natural environment of the site; and compatibility with adjacent uses. A conditional use permit (CUP) is required. A CUP requires a public hearing.
N
Use is not allowed.
(Ord. 46-2008 § 6(F); Ord. 10-2012 § 21; Ord. 25-2012 § 34; Ord. 2-2018 § 6)
A. 
General Development Standards. Land uses in Orcas Village are subject to the development standards of the Unified Development Code (Chapter 18.60 SJCC), with the exception of the density, dimension, and open space standards in SJCC § 18.60.050. Table 18.30.440 specifies the dimension and open space standards for building development in the Orcas Village land use districts. Unless otherwise noted, the underlying maximum residential density throughout the village will remain two acres per unit.
Table 18.30.440 Orcas Village Development Standards
Development Standard
Orcas Village Transportation(6)
Orcas Village Commercial
Orcas Village Residential
Minimum Setback(1)(2)(3)(4)
Front or Road(5)
10 ft
10 ft
10 ft
Rear or Side
15 ft
10 ft(7)
10 ft
Maximum Building Dimensions
Building Footprint(8)
2,000 sq ft
3,000 sq ft
3,000 sq ft
Building Floor Area(9)
4,000 sq ft
3,000 sq ft
4,000 sq ft
Height(10)(11)(12)
28 ft
28 ft
28 ft
Cumulative Building Floor Area per Lot
12,000 sq ft
6,000 sq ft
4,000 sq ft
Minimum Lot Size
2 acres
1/2 acre
N.A.(13)
Minimum Required Open Space or Landscaped Area(14)
10%
10%
30%
Notes:
Abbreviations: N.A.: Not Applicable; sq ft: square feet; ft: feet.
1. Setbacks from roads 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. Also, see note 10 to this table.
2. Fences are exempt from setback requirements, except when they impair sight lines at intersections, as determined by the County engineer.
3. Setbacks do not apply to mailboxes, wells, pump houses, bus shelters, septic systems and drainfields, landscaping (including berms), utility apparatus such as poles, wires, pedestals, manholes, water pipes, water valves and vaults, and other items as approved by the administrator.
4. 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, except as modified by note 6 to this table.
5. Road setbacks from Orcas Road, west of the ferry landing, shall include a buffer of natural vegetation and grade. This buffer shall be at least 10 feet wide on the waterward side of Orcas Road, where possible, and shall extend to the top of the slope on the landward side of Orcas Road, except as modified by note 6 to this table.
6. The following standards apply to new and expanded development in the transportation designation. Any variance from these standards shall be granted only upon demonstrating compliance with the process and criteria in SJCC § 18.80.100:
a. Buildings shall not be located closer than 30 lineal feet to the footprint of an adjacent building.
b. A minimum 75-foot buffer of natural vegetation shall be provided along the east side of Orcas Road, adjacent to the transportation designation as measured from the margin line of the road right-of-way. The buffer shall be maintained in such a manner as to minimize the visual impact of the onsite development.
7. The minimum side and rear setbacks shall be 10 feet.
8. 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 the exterior wall line that is closest to the average or natural grade. Porches and decks that extend more than 10 feet from exterior wall line or exceed 300 square feet cumulatively will be included in overall footprint.
9. 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. Porches and decks that extend more than 10 feet from exterior wall line or exceed 300 square feet cumulatively will be included in overall floor area.
10. Chimneys, smokestacks, fire or parapet walls, ADA-required elevator shafts, flagpoles, utility lines and poles, skylights, communication sending and receiving devices, HVAC and similar equipment, and spires associated with places of worship are exempt from height requirements.
11. Structures used for the storage of materials for agricultural activities are exempt from maximum building height requirements.
12. A height bonus allowing a maximum height of 32 feet will be granted for those buildings with a minimum roof pitch of 6:12.
13. Residential development is limited to one residential unit per two acres, unless the development is part of an approved rural residential cluster or PUD. Accessory dwelling units are not included in this calculation. This density limitation does not preclude development on an existing residential lot platted prior to the adoption of Ordinance 11-2000.
14. Open space must be maintained in its natural condition, in agriculture or forestry use, or landscaped according to SJCC § 18.60.160.
B. 
Building Height Measurement. No structure shall exceed 28 feet above grade, measured as described in the illustration below. However, a height bonus allowing a maximum height of 32 feet will be granted for those buildings with a minimum roof pitch of 6:12. Structure height limit measurement methods are as follows:
1. 
Where the natural grade remains unchanged the structure height shall be measured as by a plumb line from every point on the roof to the natural grade (NG). "Natural grade" shall mean the existing grade prior to any human modification. See Figure A, below.
2. 
Where the natural grade has been cut at any point around the structure footprint, the structure height shall be measured as by a plumb line from every point on the roof to the altered grade elevation (AGE). See Figure B, below.
3. 
Where fill material has been added to the natural grade, the structure height shall be measured as by a plumb line from every point on the roof to the natural grade, regardless height of fill. See Figure C, below.
C. 
Roof Pitch and Massing.
1. 
Roof pitches shall not be less than four in 12.
2. 
Continuous walls of buildings in excess of 30 feet and fronting on a public street shall be broken with an offset of at least four feet for every 30 feet. Roof planes shall have corresponding offsets. See Figure D, below.
Figure D
D. 
Building Materials. Exterior wall surfaces shall be ship lap horizontal siding, shingles, vertical or horizontal tongue and groove siding, board and batten siding, or rough sawn textured panels with applied battens. However, other materials may be used for surface area which does not exceed 10 percent of the total wall surface area of the building, for decorative detail.
(Ord. 46-2008 § 6(G); Ord. 25-2012 § 35)