San Juan County, WA Article II General Regulations

§ 18.50.080 Administration.

A. All existing shoreline uses and activities, including those that do not require a shoreline substantial development permit, must conform to the SMA and the general and use-specific regulations of this SMP.

B. All shoreline modification activities, developments and vegetation removal are prohibited unless they support an allowable shoreline use that conforms to the provisions of this SMP.

C. Prohibited shoreline uses and modification activities are not eligible for shoreline variances or conditional use permits.

(Ord. 1-2016 § 13)

§ 18.50.090 Nonconforming structures, uses, and activities.

A. Except for structural shoreline stabilization measures (addressed in SJCC § 18.50.410) and boating facilities, docks, piers, mooring and recreational floats (addressed in SJCC § 18.50.320), any use or structure legally located within shoreline jurisdiction that was established before October 30, 2017, may be moved, replaced, redeveloped, expanded, or otherwise modified on the same parcel provided this work is consistent with the provisions of this section.

B. Movement, replacement, redevelopment, expansion or modification of structures may be allowed if the applicant demonstrates that the proposed action will not:

1. Result in a net loss of shoreline ecological functions;

2. Increase adverse impacts on shoreline critical areas;

3. Create a new nonconformance or increase the degree of inconsistency with the provisions of this SMP; or

4. Result in a hazard to people or property.

See Figure 18.50.090 below.

C. The applicant must demonstrate no net loss of shoreline ecological functions based upon an analysis that addresses any:

1. Increase in the quantity of pollutants from the site;

2. Increase in the quantity of surface runoff from the site;

3. Decrease in trees and other vegetation within buffers and tree protection zones;

4. Decrease in the stability of the site and other properties; and

5. Changes to the transport of sediment to and within nearshore areas.

D. Upon submittal of a written request for administrative determination, the director may approve minor changes to the prior footprint in order to further protect natural or verified cultural and historic resources after making written findings.

E. Complete application(s) for project or development permits for replacement structures must be submitted within 48 months of removal or destruction of the original structure. The director may extend this time period for good cause after the property owner submits a letter declaring their intent to rebuild the structure in the future. To retain the right to rebuild, a letter of intent must be submitted to the department every 48 months.

Figure 18.50.090. Examples of Nonconformity

(Ord. 1-2016 §§ 14, 84(G))

§ 18.50.100 Archaeological and historic resources.

A. When an application for a development permit is received for an area known to be archaeologically significant, the applicant must submit a cultural resources report with the permit application. The department will forward this report to the Native American nations and Washington State Department of Archaeology and Historic Preservation (DAHP) with a request for comments within 10 working days. The County will not take final action on the application until the comment period has ended. If the application is approved by the County, conditions may be attached reflecting the recommendations of the archaeologist regarding preservation or protection of the site.

B. All development permits will contain a provision advising the permit holder that if during excavation or development of the site an area of potential archaeological significance is uncovered, all activity in the immediate vicinity of the find must be halted immediately, and the director, the DAHP and affected Native American nations must be notified at once.

C. Additional regulations to protect archaeological and historic resources are established in SJCC § 18.60.210.

D. Structural shoreline stabilization measures may be allowed where wind, rain, storms, or waves expose verified archaeological and historic resources. The permit application for the stabilization measures must be submitted by the affected Native American tribe(s). Prior to issuing the permit, the authenticity of the cultural and historic resources must be verified by the DAHP in coordination with all affected Native American nations.

(Ord. 1-2016 § 15; Ord. 8-2020 § 8)

§ 18.50.110 Clearing, grading, fill, excavation and vegetation management.

A. All clearing, grading, fill and excavation must comply with SJCC § 18.50.130, § 18.60.060 and § 18.60.070.

B. All shorelines must be protected from degradation caused by the modification of the land surface within the shoreline area or the adjacent lands. Land clearing, grading, fill and alteration of natural drainage features and land forms must be designed to prevent adverse impacts to adjacent properties or shoreline ecological functions. Unless specifically allowed by this chapter, vegetation clearing and land surface grading and filling are prohibited.

C. The following requirements apply to land clearing, grading, filling, or alteration of natural drainage and topography for residential construction:

1. Land clearing, grading, filling, or alteration of natural drainage and topography shall be limited to the area necessary for driveways, buildings, and view and solar access corridors. Cleared surfaces not to be covered with gravel or impervious surfaces shall be replanted promptly with native or compatible plants (i.e., groundcovers or other plant materials adapted to site conditions which will protect against soil erosion). This applies to individual construction and shoreline subdivisions. Existing vegetation shall be used to visually buffer structures as viewed from the shoreline, public roads, and adjoining properties. All applications for new construction and subdivisions shall identify trees that are proposed to be removed. If trees are to be removed beyond those required to construct a single-family residence, then a tree removal plan shall also be submitted. The plan shall:

a. Identify the proposed building areas, driveways, and view and solar access corridors; and

b. Demonstrate how existing natural screening will be retained while providing for construction, views, and sunlight.

D. All building permit applications for new nonresidential construction, uses, structures or activities must show all trees on the site plan and identify any trees proposed to be removed. If trees are to be removed at other times, a tree removal plan must be submitted to the department for review and approval. Site and tree removal plans must:

1. Identify the proposed and existing building areas, driveways, and view and solar access corridors;

2. Demonstrate how natural screening will be retained while providing for construction, views, and sunlight;

3. Demonstrate how the tree protection requirements in critical area buffers and tree protection zones in SJCC § 18.50.130 will be met; and

4. Include a report by a certified arborist for hazard tree removal.

E. Fill in flood hazard areas identified on the Flood Insurance Rate Maps (FIRMs) is not allowed unless the director finds that no feasible alternative exists. Land clearing, grading, filling, and altering of wetlands, natural drainage features and topography are limited to the minimum area necessary for driveways, buildings, and views, and must conform with critical area requirements and SMP setbacks. It is the property owner's responsibility to obtain required state and federal authorizations for work in wetlands, streams or shoreline waters. Fill and excavation within wetlands or waterward of the OHWM will only be allowed for the following purposes:

1. Interagency environmental restoration or cleanup projects to dispose of contaminated sediment;

2. Disposal of dredged material evaluated and conducted in accordance with the Dredged Material Management Program of the WDNR or the Dredged Material Management Office of the ACOE (see SJCC § 18.50.440);

3. Expansion or alteration of transportation facilities of statewide significance currently located on the shoreline where alternatives to fill are infeasible;

4. Ecological restoration or enhancement projects, such as beach nourishment, habitat creation, culvert upgrades to improve fish and flow passage, or bank restoration when consistent with a restoration plan approved as part of this SMP; and

5. Protection of archaeological, cultural or historic resources when fill is the most feasible method to avoid continued degradation, disturbance or erosion of a site. Such fill must be coordinated with any affected Native American nations and comply with applicable provisions of SJCC § 18.60.210.

F. When clearing, grading, filling or excavating will cause adverse impacts to ecological functions, a mitigation plan must be prepared and implemented in accordance with SJCC § 18.50.140, § 18.50.150 and § 18.50.160.

G. Fill landward of the OHWM is allowed provided it:

1. Is conducted outside required buffers and setbacks as part of an approved shoreline use;

2. Is the minimum needed to implement the approved shoreline use;

3. Does not significantly change the topography of the landscape in a manner that affects the runoff characteristics; and

4. Does not increase the risk of slope failure.

H. All fill and excavation waterward of the OHWM not associated with ecological restoration require a shoreline conditional use permit.

I. All debris and other waste material resulting from construction are to be managed or disposed of in a fashion that prevents entry into any water body or wetland.

J. Clearing, grading, filling or excavating is not allowed where shoreline stabilization will be necessary to protect materials placed or removed, except when they are part of an approved plan to protect cultural resources including archaeological artifacts.

K. Fill, beach nourishment and excavation are to be designed to blend physically and visually with the topography existing on the date of application whenever possible, so as not to interfere with water-dependent uses, lawful access and enjoyment of scenery.

L. Fill is not allowed for the sole purpose of expanding the developable area of a lot.

M. Applications for substantial development permits proposing fill must include the following information:

1. Source of fill material;

2. Physical characteristics of fill material;

3. Proposed methods of placement and compaction;

4. Proposed surfacing material;

5. Proposed quantity of fill;

6. Proposed method(s) of erosion control; and

7. Proposed use of filled area.

N. On natural (as opposed to manmade, privately owned) lakes, retaining walls are not to be used as erosion control devices on allowed fill.

O. Regulations by Designation.

1. Conservancy. Fill is prohibited within this designation.

2. Aquatic. Fill may be allowed in this designation subject to a conditional use permit.

3. Fill is prohibited within the Eastsound subarea.

(Ord. 1-2016 § 16; Ord. 11-2017 § 7)

§ 18.50.120 General environmental protection.

A. Land uses and developments that include vegetation removal, fill, excavation or grading on County shorelines must be designed, located, sized, constructed and maintained to result in no net loss of shoreline ecological functions.

B. Land use and development project proposals that do not meet the critical area requirements for no net loss in SJCC § 18.50.130 must include a mitigation sequence analysis that considers avoiding actions, minimizing the scale and scope of the project and possible mitigation actions. Where a project may cause or increase the intensity of unavoidable adverse impacts on shoreline ecological functions, mitigation to offset the impacts is required and must be consistent with the mitigation sequence and mitigation planning process in SJCC § 18.50.140, § 18.50.150 and § 18.50.160.

Where land use or development projects meet or exceed the protections required by the critical area regulations in SJCC § 18.50.130, mitigation is not required. All new uses, developments and ancillary activities that do not comply with SJCC § 18.50.130 require mitigation of adverse impacts consistent with the provisions of SJCC § 18.50.140, § 18.50.150 and § 18.50.160.

C. All shoreline uses, structures, and activities are to be located, designed, constructed, and managed in a manner that is aesthetically compatible with the affected area.

D. On all nonbedrock shorelines all new structures are subject to coastal geologic buffers consistent with SJCC § 18.50.130.

In addition to the requirements of SJCC § 18.35.070 and § 18.35.130, Figure 3.1, the required technical report must:

1. Evaluate the potential impacts on water circulation, sand and gravel movement, erosion and accretion;

2. Evaluate the potential impacts of sea level rise over the life of the structure (75 years); and

3. Demonstrate that the proposed buffer will be sufficient to avoid the need for new protective structural shoreline stabilization and flood protection measures for the life of the structure (75 years).

E. Herbicides and pesticides shall not be applied to, or allowed to directly enter, water bodies or wetlands unless approved for such use by the appropriate agencies.

F. The cultivation of genetically modified crops, livestock and other organisms is prohibited in the shoreline jurisdiction under Chapter 8.26 SJCC.

(Ord. 1-2016 § 17; Ord. 11-2017 § 8)

§ 18.50.130 Critical areas.

A. The San Juan County critical area regulations codified in Chapter 18.35 SJCC are incorporated into this SMP except as noted in subsection (B) of this section. These regulations were adopted by the County in Ordinance 52-2008 on November 18, 2008; Ordinances 26-, 27-, 28-, and 29-2012, on December 3, 2012; Ordinance 2-2014 on March 5, 2014; Ordinance 16-2014 on November 4, 2014; and Ordinance 1-2015 on January 27, 2015.

B. Provisions of the critical area regulations that are not consistent with Chapter 90.58 RCW (the Shoreline Management Act) and its supporting WACs do not apply in the shoreline jurisdiction including the:

1. Critical area applicability provisions do not apply in the shoreline jurisdiction. Specifically SJCC § 18.35.025 does not apply.

2. Critical area reasonable use exceptions do not apply in the shoreline jurisdiction. Specifically SJCC § 18.35.035 does not apply.

3. Critical area mitigation requirements do not apply in the shoreline jurisdiction. Specifically SJCC § 18.35.040 does not apply.

4. Critical area existing legally established structures, uses and activities do not apply in the shoreline jurisdiction. Specifically SJCC § 18.35.045 does not apply.

5. Critical area nonconforming structures, uses and activities do not apply in the shoreline jurisdiction. Specifically, SJCC § 18.35.050 does not apply.

6. Critical area provisions for reduced water quality buffers and tree protection zones when views of the water are blocked by existing houses on adjoining waterfront parcels do not apply in shoreline jurisdiction. Specifically SJCC § 18.35.130(F) does not apply.

7. Critical area standards and requirements for shoreline modifications do not apply in the shoreline jurisdiction. Specifically SJCC § 18.35.130(G) does not apply. Critical area standards and requirements for aquaculture activities and uses allowed in and over aquatic fish and wildlife habitat conservation areas do not apply in shoreline jurisdiction. Specifically, items (f) and (g) in SJCC Table 18.35.130-3 do not apply.

(Ord. 1-2016 § 18; Ord. 11-2017 § 9)

§ 18.50.140 Mitigation of adverse impacts to shoreline ecological functions.

A. Shoreline development, land uses, structures and activities must meet the no net loss requirement of WAC 173-26-186(8)(b). If project proposals do not comply with the critical area protections in SJCC § 18.50.130, applicants must submit a mitigation sequence analysis to the department.

B. Mitigation measures must be applied in the following sequence. The applicant must demonstrate that each mitigation action is not feasible or applicable before proceeding to the next option or action:

1. Avoiding the impact altogether by not taking a certain action or parts of an action;

2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts;

3. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;

4. Reducing or eliminating the impact over time by preservation and maintenance operations;

5. Compensating for the impact by replacing or providing substitute resources or environments; and monitoring the impact and compensation projects, and taking appropriate corrective measures; and

6. Monitoring the impact and the compensation projects and taking appropriate corrective measures.

C. When feasible, adverse impacts are to be mitigated on site. Preferential consideration shall be given to measures that replace impacts to functions directly and in the immediate vicinity of the impact. The director may authorize off-site compensatory mitigation within the watershed that addresses limiting factors or identified critical needs for shoreline resource conservation measures identified in the San Juan County Water Resource Inventory Area (WRIA) 2 Plan, the San Juan County Shoreline Restoration Plan, or other restoration or mitigation plans adopted by a public agency. If off-site mitigation is proposed, the mitigation site must be located within the stormwater watershed of the development site.

The County's stormwater watersheds on San Juan, Orcas, and Lopez islands are identified on a map used as the basis of the San Juan County Stormwater Basin Planning report dated June 26, 2014. For islands without identified stormwater basins, a qualified professional shall determine the watershed basin.

D. Modifications to wetlands or buffers may be exempt from the requirement to avoid impacts when the wetland is below minimum size thresholds listed in SJCC § 18.35.095, provided impacts are fully mitigated according to the remaining mitigation sequence in subsection (B) of this section.

(Ord. 1-2016 § 19; Ord. 11-2017 § 10; Ord. 21-2018 § 3)

§ 18.50.150 Mitigation plans.

A. If a mitigation sequence analysis demonstrates that adverse impacts on shoreline ecological functions are unavoidable, mitigation, monitoring and adaptive management plans to offset the adverse impacts must be developed by a qualified professional.

B. Where the proposal will have an adverse impact on wetland ecological functions, mitigation plans, including associated wetland replacement ratios, must be consistent with the guidance provided in Wetland Mitigation in Washington State – Part 1: Agency Policies and Guidance, Ecology Publication No. 06-06-011a (as amended); and Wetland Mitigation in Washington State – Part 2, Publication No. 06-06-011b (as amended). As an alternative, mitigation actions may follow the procedures described in Ecology Publication No. 10-06-011, Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington (as amended) or another mitigation approach or publication approved by WDOE.

C. Mitigation options may include the use of certified mitigation banks and approved in lieu fee mitigation sites when they are identified and approved by the County council.

D. Removal of shoreline modifications constructed in violation of this code cannot be used to mitigate new adverse impacts to shoreline ecological functions and critical area functions if those modifications were made by the owner of the property, or if they are located on the property that is the subject of the application.

E. Mitigation, monitoring, and adaptive management plans are reviewed and approved by the decision-maker for the underlying permit or approval (director or hearing examiner, depending on type of permit or approval).

F. Mitigation plans must address the scale and scope of the project, and document compliance with the mitigation approval criteria. Mitigation plans must include at least the following information, as applicable:

1. For both the area proposed for development or vegetation removal, and the proposed mitigation site, the applicable items listed in SJCC § 18.80.020(C);

2. Photographs of both the development and mitigation sites;

3. The field located OHWM;

4. A mitigation sequencing analysis;

5. Any related project documents such as applications to other agencies or environmental documents prepared pursuant to the SEPA;

6. For both the area proposed for development or vegetation removal, and the proposed mitigation site, applicable critical area reports, tree removal plans, and BAS documents supporting the proposal;

7. For both the area proposed for development or vegetation removal, and the proposed mitigation site, copies of any proposed or approved stormwater and erosion control plan required by Chapter 18.60 SJCC;

8. A narrative describing anticipated unavoidable adverse impacts to critical area functions, the mitigation proposal (including the goals of the proposal, performance standards that will be used to gauge the effectiveness of the proposal, construction methods, and the sequence and timing of actions), and explaining how the proposal meets the plan approval criteria. Assessment of adverse impacts to critical area functions and of the effectiveness of proposed mitigation must be based on the BAS;

9. For off-site mitigation actions, an explanation of why on-site mitigation was not feasible, along with the site selection criteria employed, including a watershed approach for the selection of mitigation sites;

10. If grading, fill or excavation is proposed, pre- and post-construction contour plans are required at a scale suitable for the site;

11. A planting plan (if planting is proposed) identifying plant species, quantities, sizes, locations, spacing, and density, along with proposed measures to protect and maintain the plants until they are established;

12. Any other drawings necessary to illustrate the proposal;

13. A description of the report author's education and experience relevant to designing and implementing the proposed actions;

14. A monitoring and adaptive management plan appropriate for the scale and scope of the project as determined by a qualified professional and approved by the decision-maker. The monitoring and adaptive management plan must include:

a. A description of measurable indicator data to be collected. The description will demonstrate the validity of the collected data to assess the effectiveness of the project;

b. A monitoring schedule. Data collection must occur at least once each calendar year. The minimum monitoring schedule is five years, provided the schedule can be reduced after three years if the director makes a written determination that the mitigation plan is successful, functioning as designed and the established performance standards have been met. If the plan is unsuccessful, the director may extend the monitoring requirements; and

c. A requirement for a report submitted to the department by November 1st of each calendar year explaining corrective actions that will be taken to address unforeseen adverse impacts;

15. A cost estimate prepared by a qualified professional for implementing the mitigation plan and monitoring the site;

16. Unless exempt under RCW 36.32.590, a financial guarantee and associated agreement are required pursuant to SJCC § 18.80.200;

17. The financial guarantee and the associated agreement must meet the requirements of SJCC § 18.80.200. For mitigation of adverse impacts to wetlands and fish and wildlife habitat conservation areas, it must initially be established to cover the time period until the project is anticipated to be completed and functional as determined by the qualified professional and approved by the decision-maker; and

18. A statement, signed by the property owner, agreeing to the periodic inspections established in the monitoring plan. The purpose of inspections is to determine compliance with approved plans. Inspections can be performed by either a qualified professional hired by the property owner, or a County representative. If a County representative conducts the inspection(s), they will be by appointment or following advance written notice.

G. If the County's review of a mitigation plan requires a referral to independent qualified professionals, the review will be conducted at the applicant's expense. If review by a third party is necessary because of the complexity of the plans or apparent errors, the department may require advance payment of fees for this review based on the estimated review time. As an alternative to third party review, the applicant and the director may jointly select the qualified professional who will complete the plans.

(Ord. 1-2016 § 20; Ord. 11-2017 § 11)

§ 18.50.160 Mitigation plan approval criteria.

A. Approval of mitigation plans will be based on conformance with the following criteria:

1. The applications and projects are consistent with the mitigation sequence in SJCC § 18.50.140(B); and

2. The mitigation has been developed consistent with the published mitigation standards for the applicable critical area, including a description of monitoring methods and frequency and measurable performance standards.

B. The County will record a copy of the approved mitigation plan and mitigation monitoring agreement.

C. If the goals, objectives and performance standards of the mitigation plan are not met, the decision-maker may require additional actions and may extend the monitoring period, financial guarantee and associated agreement.

(Ord. 1-2016 § 21)

§ 18.50.170 Flood hazard reduction.

A. Applicability. This section regulates the construction of structural flood hazard reduction measures such as:

1. Dikes;

2. Levees;

3. Revetments;

4. Flood walls; and

5. Channel realignments.

Small scale structural flood hazard reduction measures such as raising a building above the base flood elevation, or the creation of underfloor spaces meeting the requirements of FEMA/FIA Technical Bulletin (TB) 11-1 (as amended), are not subject to the regulations in this section.

B. General Regulations.

1. Where feasible, nonstructural flood hazard reduction measures such as setbacks, wetlands restoration, stormwater management programs and structural relocation are preferred over structural solutions.

2. New structural flood control works are only allowed in the shoreline jurisdiction if it is demonstrated by analyses prepared by qualified professionals that:

a. They are necessary to protect existing development or to mitigate or resolve existing stormwater problems;

b. Impacts to critical areas can be successfully mitigated to result in no net loss of shoreline ecological functions;

c. Appropriate vegetation conservation actions will be undertaken; and

d. Nonstructural flood hazard reduction measures are infeasible.

3. All development or uses in areas of special flood hazard designated by the County's FIRMs and Flood Hazard Boundary Maps (FHBMs) are subject to the provisions of Chapter 15.12 SJCC and SJCC § 18.35.075.

4. New structural flood hazard reduction measures must be placed landward of associated wetlands and wetland habitat buffers, except for measures that increase shoreline ecological functions, such as wetland restoration.

5. The removal of substrate for flood management purposes is prohibited.

6. The applicant must provide the following information:

a. Flood hazard area characteristics adjacent to the project area;

b. Physical, geological and soil characteristics of the area;

c. An analysis of alternative flood protection measures, both structural and nonstructural;

d. Shoreline stabilization measures and flood protection works within the area existing at the time of application;

e. Predicted impact upon area shore and hydraulic processes, adjacent properties, and shoreline and water uses; and

f. Biological resources and predicted impact to fish, vegetation and animal habitat associated with shoreline ecological systems.

(Ord. 1-2016 § 22; Ord. 11-2017 § 12)

§ 18.50.180 Public access.

A. Except as provided in subsections (B) and (C) of this section, a development, use, structure or activity that requires a shoreline substantial development or conditional use permit shall provide public access or community access consistent with RCW 90.58.020 as mitigation, if one of the following applies:

1. Where it will create increased demand for public access to the shoreline;

2. Where it will interfere with a public access way existing on the date of application;

3. Where developments, uses, structures or activities that are not a priority shoreline use under the SMA will locate on the shoreline of the state;

4. Where it will interfere with a public use of lands or waters subject to the Public Trust Doctrine;

5. If land is proposed to be divided to create five or more lots; or

6. If it is a project proposed by a public entity. The project application shall describe the impacts of the proposal on public access, the required public access conditions, and how the conditions address the impact.

B. An applicant need not provide public access if one or more of the following applies:

1. Land is divided creating no more than four lots;

2. Unavoidable health or safety hazards to the public exist that cannot be prevented by practical means;

3. Inherent security requirements of the use cannot be satisfied through the application of alternative design features or other solutions;

4. The cost of providing the access, easement or alternative amenity is unreasonably disproportionate to the long-term cost of the proposed development;

5. Environmental harm will result from the public access that cannot be mitigated;

6. Significant undue and unavoidable conflict between any access provision or adjacent uses would occur and cannot be mitigated;

7. The County conducted a Countywide public access planning process that provides more effective public access than the single project access requirements; or

8. Other legal limitations apply.

C. In order to meet any one of the conditions in subsections (B)(2) through (8) of this section, the applicant must demonstrate and the County must determine in written findings that all feasible alternatives have been exhausted such as:

1. Regulating access by maintaining a gate, limiting hours of use, or other means;

2. Separating uses and activities (e.g., with fencing, terracing, one-way glazing, landscaping, etc.); and

3. Developing provisions for access at a site geographically separated from the proposal such as a road end, vista or trail system.

D. Development, structures, uses and activities shall be designed, constructed, operated and maintained to avoid blocking, reducing or interfering with the public's physical accesses to the water and shorelines.

E. Public access provided by shoreline road ends, public utilities, and rights-of-way may not be diminished. Existing road ends and other shoreline access points are allowed in all shoreline designations.

F. Where feasible, public access sites shall be connected directly to the nearest public road and shall include provisions for handicapped and physically impaired persons.

G. Required public access sites shall be fully developed and available for public use at the time of the occupancy of the permitted development, use, structure or activity. Where applicable, public access sites shall be fully developed prior to final approval of a land division.

H. Public access easements, common areas and related conditions shall be recorded on the deed of title or on the face of a land division plat.

I. The standard state-approved logo or other approved signs that indicate the public's right of access and hours of access shall be constructed, installed and maintained by the applicant in conspicuous locations at public access sites. Signs may control or restrict public access as a condition of permit approval.

J. Future actions by the property owner may not diminish the usefulness or value of the required public access.

K. Compliance with the public access plan for Eastsound consistent with the Eastsound Subarea Plan adopted as part of the SMP for the Village Commercial waterfront is required.

(Ord. 1-2016 § 23)

§ 18.50.190 Signs.

In addition to the standards in Chapter 18.40 SJCC, the following requirements apply:

A. Regulations.

1. Plans and designs for nonexempt signs must be submitted for review at the time of shoreline permit application.

2. All signs must be located and designed to minimize interference with vistas, viewpoints, and visual access to the shoreline. Signs shall not face or be directed toward the water except for cable crossing signs, ferry signs, and signs located outside of hamlets, villages, UGAs and activity centers. Within hamlets, villages, UGAs and activity centers, directional and identification signs of water-dependent and water-related businesses may face the water.

3. Except for over-water signs or signs on floats or pilings directly related to the operations of a water-dependent use, over-water signs are prohibited. The highest point of allowed over-water signs may not exceed 12 feet above the OHWM.

4. Light sources for externally lit signs shall be shielded or recessed. Light sources must be consistent with the standards in SJCC § 18.50.200.

5. Signs related to specific on-site uses or activities must not exceed the maximum size limits specified in Chapter 18.40 SJCC. Where allowed, the following standards apply to on-site freestanding signs as measured from the highest point to average grade:

a. On-site freestanding signs on public property shall not exceed nine feet in height; or

b. On-site freestanding signs on private property shall not exceed six feet in height; or

c. Within Eastsound, on-site freestanding signs on private property shall not exceed five feet in height.

6. Where feasible, signs must be mounted flush against a structure except as allowed by subsection (B)(2) of this section. Signs mounted flush to a structure must not extend above the highest point of the structure on which they are attached. Signs mounted at right angles to the side of a structure are measured from the top of the sign and may be two and one-half square feet per face.

7. The following types of signs are allowed in all shoreline designations:

a. Water navigational, cable crossing, waterway and roadway safety, and directional signs;

b. On-site public information signs directly relating to an allowed shoreline use or activity;

c. Off-premises freestanding signs for community identification, information, or directional purposes, if consistent with this section and Chapter 18.40 SJCC;

d. National, state and institutional flags or temporary decorations customary for holidays and similar events of a public nature;

e. Temporary directional signs to public or quasi-public events if removed within 72 hours following the event; and

f. No-trespassing signs and no-hunting signs that do not exceed two square feet.

8. The following types of signs are prohibited in all shoreline designations:

a. Signs that significantly impair visual access to the shoreline;

b. Off-premises outdoor "A-frame" signs;

c. Spinners, streamers, pennants, flashing lights, internally lit signs, and other animated signs except as required by local, state or federal law for navigation and safety; and

d. Signs placed on trees or other natural features.

B. Additional Regulations by Designation.

1. Rural, Rural Residential, and Ports, Marinas and Marine Transportation. Freestanding signs in these designations shall not be more than six feet in height, measured from the top of the sign to average grade.

2. Conservancy. Signs are allowed only if they are mounted flush to the wall of a structure or are freestanding signs used for federal, state, or County purposes.

3. Natural and Aquatic. Signs are prohibited in these designations except for traffic signs, official warning signs, signs identifying public facilities, and other signs required by law; provided, other signs are allowed in the aquatic designation if they are mounted flush to the side of a structure and only if they could not as effectively be located on land.

(Ord. 1-2016 § 24)

§ 18.50.200 Lighting.

A. Except as necessary to meet federal, state, and local safety or navigation standards, all external lighting fixtures must be shielded, recessed and dark sky rated. Light must be directed downward and away from:

1. Wetlands;

2. Wetland buffers;

3. Fish and wildlife habitat conservation areas and associated buffers;

4. Adjoining properties; and

5. Public roads or rights-of-way.

B. All glare and reflections from external light sources must be contained within lot boundaries.

C. Flashing or blinking lights are prohibited.

(Ord. 1-2016 § 25)