This chapter shall be known as the Island County Zoning Code and is hereby adopted under the authority of Chapters 36.70, 36.70A, 36.70B, 36.70C, 39.34, 43.21C, 58.17, 76.09, 84.33, and 84.34 [RCW].

(Ord. C-123-98 [PLG-037-98], September 29, 1998, vol. 43, p. 6; accepted by Res. C-133-98 [PLG-043-98], October 19, 1998, vol. 43, p. 38)

The purpose of the Island County Zoning Code is to divide the county into land use zones with standards within each zone for the use of Island County's land resources which will:

A.

Implement the comprehensive plan of Island County;

B.

Achieve better use of Island County's land resources;

C.

Provide for the orderly planned use of Island County's land resources and contain urban growth within urban growth areas;

D.

Permit developments which will provide a desirable and stable economic environment consistent with the rural character of Island County;

E.

Permit flexibility that will encourage a more creative approach in the development of land, while ensuring the retention and use of the county's open spaces, farm and forest lands;

F.

Ensure that the provision of public facilities and services to support allowed uses and densities is planned in an orderly and predictable manner;

G.

Protect the public health, safety and general welfare of the residents of Island County;

H.

Provide incentives to land owners who wish to protect and preserve certain identified lands;

I.

Protect the fundamental and inalienable right of the residents of Island County to a healthy environment and the reasonable use of their property;

J.

Provide a means for every resident of Island County to participate fairly and equitably in the land use decision making process and contribute to the preservation and enhancement of the environment;

K.

Encourage in-fill of undeveloped residential lands consistent with limits imposed by ecological constraints;

L.

Provide opportunities and incentives to help both large and small farm and forest land owners to continue their farm or forest operations;

M.

Provide both employment and housing opportunities so that county residents can both live and work in the county;

N.

Designate logical outer boundaries and contain existing areas of more intensive rural development;

O.

Permit a broad range of development design opportunities with flexibility to encourage more creativity in balancing the needs of environmental protection with the accommodation of future growth;

P.

Provide for timely and predictable regulatory review processes which are proportional in scale, time and cost, to the scope and scale and costs of proposed development actions;

Q.

Provide predictability so that landowners can make appropriate and reasonable use of their land;

R.

Protect the county's environmental resources; and

S.

Ensure that archaeological resources are protected as required by state statutes, the county's comprehensive plan and the implementation of development regulations.

(Ord. C-123-98 [PLG-037-98], September 29, 1998, vol. 43, p. 6; accepted by Res. C-133-98 [PLG-043-98], October 19, 1998, vol. 43, p. 38)

A.

Three (3) different sections of the Zoning Code need to be consulted to understand what land use activity can be conducted in the county.

1.

Turn to the applicable zone classification. You will find both permitted and conditional uses. For properties within the Freeland NMUGA, refer to chapter 17.06 for permitted and conditional uses.

2.

Once you have located your intended use, check the definition section for the definition of special terms, section 17.03.040.

3.

Check to see if special conditions or land use standards are applicable to the use. You will find these standards in the land use standards section 17.03.180. For properties within the Freeland NMUGA, refer to the standards in sections 17.06.300—17.06.350.

a.

If you find no special standards for a listed use, then none are expressly required by this Zoning Code.

b.

Though not typically used, site specific conditions may be imposed to address impacts of a proposal.

c.

Other chapters of title 17 may also require compliance.

(i)

Chapter 17.02B, critical areas, and chapter 17.05 shoreline use regulations, may impose special standards and in some cases limit uses otherwise allowed by the Zoning Code. For example, chapter 17.05 provides for and establishes standards for some specific shoreline uses.

(ii)

Other titles of the Island County Code may also need to be consulted as well, such as Health (title 8), Land development standards (title 11), Public works (title 13), Buildings and construction (title 14) and Planning and subdivisions (title 16).

B.

A user may wish to consult the Island County Comprehensive Plan and the Freeland Subarea Plan to understand the applicable goals and policies. Under state law, the Zoning Code must be consistent with, and implement the comprehensive plan. Therefore, if a conflict between the plan and the Zoning Code arises, the plan will control. Any other conflict will be resolved by applying the more stringent Code standard.

C.

Three (3) summary charts are included in this chapter listing uses covered expressly by the Zoning Code: section 17.03.035A, Agricultural and forest uses; section 17.03.035B, Rural uses; and section 17.03.035C, Rural non-residential uses. Do not assume, because a use is not listed that it is prohibited. Through Code interpretation, section 17.03.190, the Planning Director is authorized to determine the appropriate classification for uses not listed expressly in the Zoning Code.

(Ord. C-123-98 [PLG-037-98], September 29, 1998, vol. 43, p. 6; accepted by Res. C-133-98 [PLG-043-98], October 19, 1998, vol. 43, p. 38; amended by Ord. C-136-98 [PLG-042-98], November 9, 1998, vol. 43, p. 65; amended by Ord. C-63-99 (CD-01-99), June 21, 1999, vol. 43, p. 338)

(Ord. No. C-75-14 [PLG-006-14], Exh. E, 9-22-2014; Ord. No. C-86-17 [PLG-009-17], Exh. A, 8-15-2017; Ord. No. C-49-19 [PLG-004-19], Exh. D, 6-18-2019; Ord. No. C-35-25 [PLG-005-25], Exh. A, 7-8-2025)

Editor's note— This section, as originally adopted, included a statement that capitalized words and phrases used to identify terms defined in this or other chapters. Because the capitalization convention was applied inconsistently throughout the Island County Code, and to be consistent with the conventions used by other state and local codes, defined terms are no longer capitalized in this Code. This change was authorized on February 26, 2015, pursuant to section 1.04.030.

A.

How to use these tables. These tables are intended to assist you in identifying allowable uses within the zoning districts of Island County. These tables will also provide applicable information about permit types, land use decision types, and conditions and limitations for specific land uses at various levels of intensity. Table Components include:

• Permit Types, Conditional Uses, and Prohibited Uses

• Decision Types

• Footnotes and References

• APZ Allowed Uses

1.

Permit Types: This section represents all prescriptive uses allowed in one (1) or more zoning districts that have been adopted into the Island County Zoning Code. Each table will have a list of uses that intersect with each zoning district, outlining whether the use is permitted, requiring a type one (1) review process or conditional, requiring a Type II or Type III review process. You will notice that some uses are both permitted and conditional and still other uses are listed as both a Type II and a Type III decision. This means that land use standards other than zoning will dictate if and how the use may be established. For definitions see section 17.03.040.

2.

Permitted Uses (P/I): Uses labeled as "P/I" are reviewed as a Type I Ministerial decision pursuant to chapter 16.19.

3.

Conditional Uses (C/II or C/III): Uses labeled as "C/II or C/III" require a site plan approval pursuant to chapter 16.15 and are required to be processed as an Administrative (Type II) or Quasi-Judicial (Type III) decision pursuant to chapter 16.19. The land use standards that may govern the siting of the specific use which is found in section 17.03.180.

4.

Prohibited Uses (x): Uses expressly prohibited by this chapter are depicted with an "x". Urban Growth Areas: Expressly prohibited uses are not shown in the use table. These uses will remain listed within each the specific zoning district.

5.

Decision Types: In the consolidated tables, each permit type will have an associated decision type. The decision type refers to the type of review process required for a specific use. A detailed description of the land use decision process can be found in chapter 16.19.

I = Type I permitted use—Ministerial decision.

II = Type II conditional use—Administrative decision.

III = Type III conditional use—Hearing Examiner decision.

IV = Type IV conditional use—Requires Board of County Commissioners approval.

6.

Footnotes and References: Each table has related Footnotes and References. These identify or reference any additional standards or conditions associated with a specific use. Standards can be limitations and/or thresholds that trigger requirements for higher levels of review. Conditions outline criteria that must be met in order for a specific use to be allowed in a certain zoning district.

a.

Footnote: The table footnotes state any additional standard or condition for a particular use that is not found in any other section or chapter of this code. The number of a footnote will always correspond with a number in the table.

b.

Reference: The reference column show relevant sections of code that contain additional standards or conditions for the use. The references will cite specific sections related to a specific use. These sections may outline limitations, threshold triggers for higher levels of review, and/or other additional criteria associated with the use.

7.

Aircraft Accident Potential Zone (APZ): A section of each table is dedicated to uses allowed within the Accident Potential Zone (APZ). Within the APZ section there are three (3) separate zones: Clear Zone, APZ I, and APZ II. Within the consolidated land use tables each APZ zone will intersect with each of the listed uses showing if the use is allowed, not allowed or unlisted.

a.

Allowed Uses: A use that is allowed in a specific section of the APZ will show a "Yes" at the intersection point of the use and the zone.

b.

Not Allowed Uses: A use that is not allowed within a specific section of the APZ will show a "No" at the intersection of the use and the zone.

c.

UGA APZ: The APZ table for the Urban Growth Area was not consolidated into the comprehensive use table, and can be found in the APZ land use standards (section 17.03.180.Z.2).

8.

Unlisted Uses:

a.

All uses not explicitly allowed or explicitly prohibited will be considered an unlisted use. All unlisted uses should be classified into an allowed or not allowed use through a code interpretation pursuant to section 17.03.190.

b.

APZ: Any use that has an asterisk under the APZ section is considered unlisted. These uses were not identified or considered at the time the Accident Potential Zone was adopted into Island County Code. Unlisted uses shall follow the zoning code interpretation process (section 17.03.190) with consideration of the most recent AICUZ Study Update for Naval Air Station Whidbey Island's Ault Field and Outlying Landing Field Coupeville.

B.

Rural Lands Use Table. Uses in the Rural (R), Rural Agriculture (RA), Rural Forest (RF), Commercial Agriculture (CA), and Parks (PK) zoning districts shall be as shown in Table 17.03.035.B.

C.

Rural Areas of More Intensive Development (RAID) Use Table. Uses in the RAID zoning districts - Rural Residential (RR), Rural Center (RC), Rural Village (RV), Rural Service (RS), Camano Gateway Village (CGV), Airport (AP), and Light Manufacturing (LM) - shall be as shown in Table 17.03.035.C.

Editor's note— Ord. No. C-18-22, as adopted on May 3, 2022, included clerical and numbering errors in Table 17.03.035.C - RAID Uses. The list of Table Notes in the last row of the RAID Uses Table had been renumbered in Ord. No. C-18-22 because Note 5 was stricken and Notes 6 - 21 were renumbered. The corresponding references to those Table Notes in the operative cells in the RAID Uses Table were erroneously not renumbered. The Code Reviser, pursuant to authority granted in ICC 1.04.030, has renumbered the references in the cells of the table to correspond to the appropriate and intended Table Notes.

D.

Municipal Urban Growth Areas Use Table. Uses for properties in the Oak Harbor and Langley Urban Growth Areas, but not incorporated into the city limits, shall be as shown in Table 17.03.035.D; properties in the Oak Harbor Residential (OH-R), Oak Harbor Industrial (OH-I), Oak Harbor Highway Service Commercial (OH-HSC), Oak Harbor Planned Business Park (OH-PBP), Oak Harbor Planned Industrial Park (OH-PIP), and UGA Langley (UGA-L) zoning districts For uses inside the Freeland Non-Municipal Urban Growth Area, see chapter 17.06.

(Ord. No. C-53-19 [PLG-005-19], Exh. A, 6-25-2019; Ord. No. C-93-19 [PLG-011-19], Exh. A, 10-8-2019; Ord. No. C-18-22 [PLG-002-21], Exh. A, 5-3-2022; Ord. No. C-79-23 [PLG-003-23], Exh. A, 11-28-2023; Ord. No. C-35-25, [PLG-005-25], Exh. A, 7-8-2025)

Editor's note— Ord. No. C-53-19 [PLG-005-19], Exh. A, adopted June 25, 2019, enacted new provisions to read as herein set out and repealed former §§ 17.03.035A—17.03.035E, which pertained to permitted and conditional uses in the Rural Agriculture and Commercial Agriculture Zones; Rural Forest Zone; Rural Residential Zone; Rural Zone; Rural Center, Rural Village and Rural Service Zone. See the Code Comparative Table for a complete derivation.

Unless expressly noted otherwise, words and phrases that appear in this chapter shall be given the meaning attributed to them by this section, other chapters of title 17, or chapters contained in title 16. When not inconsistent with the context, words used in the present tense shall include the future; the singular shall include the plural and the plural the singular; the word "shall" is always mandatory and the words "may" and "should" indicate a use of discretion in making a decision. Unless otherwise noted, the words and phrases defined in this section shall apply, unless a more specific definition is provided in another title or chapter of Island County Code.

Accessory dwelling unit (ADU), attached means separate living quarters contained within the primary residence which include provisions for sleeping, cooking (including an oven, range, or stovetop), and sanitation. An attached ADU is subject to the requirements and conditions provided in section 17.03.180.

Accessory dwelling unit (ADU), Detached means a dwelling unit, situated on the same parcel as a single family dwelling, shares a common access point with the single family dwelling and which cannot be segregated or separately sold, transferred, given, or otherwise conveyed unless the lot is of sufficient size to meet base density and other County Code requirements. Detached ADUs do not include recreational vehicles, travel trailers, park model homes, or tiny homes on wheels. A detached ADU is subject to the requirements and conditions provided in section 17.03.180

Accessory use or building means a use, structure or building customarily considered to be incidental to or secondary to a permitted use or an approved conditional use on the property or on adjacent properties under the same ownership. Examples of accessory buildings or structures include, but are not limited to, sheds, shops, garages, greenhouses, barns, detached ADU's, etc. Examples of accessory uses include home occupation and bed and breakfast room in the Rural Zone and office and food service in the Light Manufacturing Zone.

Adjacent property means properties which share all or part of a common lot line.

Adult family home means a regular family abode of a person or persons who are providing personal care, room, and board to more than one (1) but not more than four (4) adults who are not related by blood or marriage to the person or persons providing the services; except that a maximum of six (6) adults may be permitted if DSHS determines that the home is of adequate size and the home and the provider are capable of meeting standards and qualifications set forth in chapter 18.22 Langley Municipal Code.

Affordability covenant means a recorded legal restriction that runs with the land and imposes a limitation on rental or sale of a dwelling unit which has been used by an owner to secure the approval of bonus density for affordable housing.

Affordable housing means attached or detached dwelling units committed by recorded affordability covenant to allow renters or owners with a median income less than eighty (80) percent of Island County median income, as established by the U.S. Census, to spend no more than thirty (30) percent of gross income on housing costs.

Aggrieved person means a qualified person who uses the county's administrative appeal process to appeal a decision of the county, pursuant to chapter 16.19.

Agricultural/farm use means the current use of land for the primary purpose of raising, harvesting and/or selling crops or the feeding, breeding, management and/or sale of, or the production of, livestock, poultry, fish, fur-bearing animals or honeybees or for dairying and/or the sale of dairy products or any other agricultural or horticultural use or animal husbandry or any combination thereof. Farm use includes the preparation and storage of the products raised on such land for human use and animal use and disposal by marketing or otherwise. Farm use also includes the growing and selling of ornamental shrubs, Christmas trees and similar nursery stock.

Agricultural processing means a facility located on a farm unit for the processing of farm crops grown in Island County. The building established for the processing facility shall not exceed:

a.

In the Commercial Agriculture Zone—40,000 square feet of floor area exclusive of the floor area designated for preparation, storage or other farm use or devote more than 40,000 square feet to the processing activities within another building supporting farm uses; or

b.

In the Rural Agriculture Zone—5,000 square feet of floor area exclusive of the floor area designated for preparation, storage or other farm use or devote more than 5,000 square feet to the processing activities within another building supporting farm uses.

A commercial activity in conjunction with farm use includes, but is not limited to, processing facilities which convert harvested agricultural crops from their natural state into new products, i.e., drying, freezing, canning, crushing, barreling, fermenting, distilling etc. In addition, the preparation and storage of a product which includes significant amounts of agricultural crops not raised by the operator of the storage facility shall also be considered an agricultural processing facility.

Agricultural Zone, Commercial means the zoning classification applied to certain designated lands of long term commercial significance in order to protect and encourage their long term productive use.

Agriculture Zone, Rural means the zoning classification applied to certain designated lands of local importance in order to protect and encourage their long term productive use.

Aircraft Accident Potential Zone (APZ) means areas based on historical accident and operations data throughout the military and the application of margins of safety within those areas if an accident were to occur.

There are three (3) types of Accident Potential Zones:

a.

Clear Zone. The trapezoidal area lying immediately beyond the end of the runway and outward along the extended runway centerline for a distance of 3,000 feet. For U.S. Navy and Marine Corps installations, the dimensions are 1,500 feet wide at the runway threshold and 2,284 feet wide at the outer edge;

b.

APZ-I. The rectangular area beyond the Clear Zone, which has a measurable potential for aircraft accidents relative to the Clear Zone. APZ-I is typically 3,000 feet wide by 5,000 feet long and may be rectangular or curved to conform to the shape of the predominant flight track; and

c.

APZ-II. The rectangular area beyond APZ-I, which has a measurable potential for aircraft accidents relative to APZ-I or the Clear Zone. The dimensions of APZ-II are typically 3,000 feet wide by 7,000 feet long, and, like APZ-I, may be curved to correspond with the predominant flight track. In following the predominant flight, of takeoff and landing, its area connects APZ-I to APZ-I to make a full "race track" pattern or "loop."

Aircraft Approach and Departure Zone. (Reserved.)

Aircraft Noise Impact Zone. (Reserved.)

Airport means commercial and military air fields and aircraft support facilities. Does not include ultra-light landing strips, heliports or seaplane landing sites.

Airport facilities means the runway(s), control tower, administrative offices, waiting rooms and other facilities normally associated with an airport.

Airport support facilities means the covered areas and enclosed structures used for housing, sale and repair of aircraft; freight movement facilities; flight training schools; restaurants serving air passengers; car rental facilities and accessory uses normally associated with an airport.

Airport Zone means the zoning classification applied to non-military airports, existing as of July 1, 1990 and defined by logical outer boundaries.

Alley means any way or thoroughfare shown on the face of a recorded subdivision which provides alternate access to a lot.

Alteration, boundary line means any change to the boundaries of lots within a recorded final short plat or final plat which does not qualify as a boundary line adjustment, lot combination, boundary line correction, withdrawal or vacation; any change in easements or areas dedicated to the public; or, any change in conditions of approval of such a plat.

Alteration of a critical area means as defined in chapter 17.02B, as such chapters may be amended.

Animal shelter means a facility which is operated to shelter, rescue, and find homes for homeless animals and to educate the community on humane and responsible animal care.

Applicant means any person who files an application subject to review under titles 16 or 17 who is either the person(s) identified in the assessor's records as the owner of the property on which the proposed activity would be located or the authorized agent of such person.

Application means the information required to complete the review of a land use permit.

Archaeological object means an object that comprises the physical evidence of an indigenous culture including material remains of past human life including monuments, symbols, tools, facilities and technological by-products.

Archaeological resources means any material remains of human life or activities which are of archaeological interest, including all sites, objects, structures, artifacts, implements, and locations of prehistorical or archaeological interest, including, but not limited to, those pertaining to prehistoric and historic American Indian or aboriginal burials, campsites, dwellings, and habitation sites, including rock shelters and caves, their artifacts and implements of culture such as projectile points, arrowheads, skeletal remains, grave goods, basketry, pestles, mauls and grinding stones, knives, scrapers, rock carvings and paintings, and other implements and artifacts of any material.

Archaeological site means a geographic locality in Washington, including, but not limited to, submerged and submersible lands and the bed of the sea within the state jurisdiction, that contains archaeological objects.

Area-wide rezone means the rezoning of lots under separate ownership or non-contiguous lots.

Art studio means establishment for the preparation, display, and sale of artwork, jewelry, furniture, sculpture, pottery, and related items or the practice, instruction, or performance of the fine arts such as, but not limited to, vocal or instrumental music, dance, or writing.

Articulation means an emphasis of architectural elements (like windows, balconies, entries, etc.) that create a complementary pattern or rhythm, dividing large buildings into smaller identifiable pieces. See section 17.06.330.C.1 for articulation standards within the Freeland NMUGA.

Articulation interval means the measure of articulation; the distance before architectural elements repeat. See section 17.06.330.C.1 for articulation standards within the Freeland NMUGA.

Artifact means a usually simple object showing human workmanship or modification, including, but not limited to, a tool, ornament, and by-products of tool-making.

Artisan workshop means an establishment for the creation of individually crafted artwork, jewelry, furniture, sculpture, pottery, and related items. Includes limited small-scale light manufacturing such as stone work or welding for sculpture, furnaces for glass blowing, kilns for pottery, or similar activities and the related storage of necessary raw materials. May include an art studio use within the workshop.

Attached describes dwelling units that share a common roof or are joined by a common roof.

Average tree height means typical height of the existing tree skyline within a one hundred fifty-foot radius of the facility site. The height of trees used to screen the tower and not all trees within the one hundred fifty-foot radius are the trees to be considered.

Base density means the maximum number of dwelling units other than ADUs permitted outright by a particular land use classification.

Bed and breakfast inn means overnight tourist lodging facilities providing sleeping accommodations in not more than six (6) guest rooms.

Bed and breakfast room means overnight tourist lodging facilities functioning as an accessory use to a detached single family dwelling unit providing sleeping accommodations in not more than two (2) guest rooms or one (1) attached or detached ADU.

Block means a group of lots, tracts, or parcels within well-defined and fixed boundaries.

Board means the Board of Island County Commissioners.

Boundary line adjustment means the adjustment of boundary lines between platted or unplatted lots or both, which creates no additional lot, or which creates no additional lot that contains insufficient area and dimension to meet minimum requirements for width and area for a building site. The combination of two (2) or more lots where no public dedication is modified, is a lot combination and is not a boundary line adjustment.

Box sign means a sign enclosed by a case with internal illumination and plastic facing. The plastic facing shall utilize a solid dark colored background with light colored lettering.

Brewery means an establishment where beer and/or malt liquor are manufactured or licensed under RCW 66.24.240 (domestic brewery) or RCW 66.24.244 (microbrewery) by the State of Washington.

Buffer means a separation designed to absorb potential conflicts between differing land uses, or to protect critical areas or significant natural features. Generally, buffers shall be left in a natural state, or, if necessary, may be supplemented by landscaping and are used so that structures, uses and roads, when site conditions permit, are screened from adjacent properties or public or private roads external to the lot or parcel.

Building means any structure used or intended for supporting or sheltering any use or occupancy (UBC definition).

Build-to line refers to the location of the building façade on a lot, running parallel to the front property line without further setback. The line at which the building frontage must sit.

Build-to percentage means the percentage of the building façade/frontage that must be built at the build-to line.

Bungalow court means a building type with a grouping of three (3) or more detached buildings arranged to share a courtyard with pedestrian access to the buildings from the courtyard and fronting street(s). The courtyard is intended to be an outdoor room that can be seen from the public realm. Each building may accommodate up to four (4) dwellings or non-residential uses in either a live-work configuration or as solely commercial/retail space facing the primary street, as allowed by the zone.

Camping means erecting a tent or shelter or arranging bedding or other for the purpose of, or in such a way as will permit remaining overnight, or parking a trailer, camper, or other vehicle for the purpose of remaining overnight.

Centerline of roadway means the centerline of the road or street is the as-built center of a road or street.

Certificate of title means a certificate from a title company identifying the record owner(s) of property and any person or entity having a legal interest in the property.

Channel lighting means a sign where each letter is an individual sign and each letter is internally illuminated.

Character means the special physical characteristics of a structure or area that set it apart from its surroundings and contributes to its individuality. The image and perception of a community as defined by its built environment, streetscapes, landscaping, natural features and open spaces, and types and size of housing and how those elements relate to the public realm.

Church or building of worship means a building or buildings intended for religious worship including ancillary activity and improvements such as religious education, assembly rooms, kitchen, reading room, recreation hall and may include a residence for church staff. This definition does not include schools devoted primarily to nonreligious education.

Cidery means an establishment licensed under RCW 66.24.170 by the State of Washington to manufacture or produce cider. Such facilities may include additional product-related uses such as orchards, cellars or similar product-storage areas, tasting rooms, and sales as authorized by state law, and sales of merchandise related to products available for tours and tastings.

Cidery, rural means a cidery permitted in the rural area in accordance with section 17.03.180.DD.1.

Clusters or cluster design means a development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for open space including community area.

Co-location means the use of a single support structure by more than one (1) wireless service provider where appropriate, and/or placement of up to two (2) support structures for co-location on a specific site. This may include shared facilities with ICOM or public safety emergency communication equipment.

Commercial means a business use or activity involving retail or wholesale marketing of goods and services. Examples of commercial uses include offices and retail shops.

Communication, small cell means a wireless communication antenna that is three (3) cubic feet or less space with associated equipment of twenty-eight (28) cubic feet or less. Small cell structures are defined by FCC rule 1.1312(e)(2) as it exists or is amended (at publication of this ordinance, defined as fifty (50) feet or less in height and no more than ten (10) percent higher than its existing height or that of adjacent structures). [Note: Small cell is also commonly referred to as 5G wireless technology.]

Communication tower means any structure designed and constructed primarily for the purpose of supporting one (1) or more antennas, including self-supporting lattice towers, guy towers, or mono-pole towers. The term encompasses personal wireless service facilities including radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers or personal communications services towers.

Community area means the area set aside for use by all residents of a subdivision or PRD including clubhouses, recreational facilities, common storage areas, well sites and sanitary facilities.

Compatible means to exist harmoniously together; in agreement; congruous.

Composting means the biological degradation and transformation of organic solid waste under controlled conditions designed to promote decomposition. Natural decay of organic solid waste under uncontrolled conditions is not composting.

Composting facility means a facility or site that treats solid waste by composting.

Concealment technology means the use of both existing and future technology through which a wireless communication facility (WCF) is designed to resemble an object that is not a WCF and which is typically present in the environment.

Conditional use means a use or structure that may be allowed in a zone, but because it may have significant impacts on permitted uses is subject to review for compatibility with existing and anticipated future permitted uses and compliance with the standards of this chapter and any other applicable provisions. All conditional uses require approval of a site plan pursuant to chapter 16.15 and are discretionary decisions classified as administrative (Type II) or quasi-judicial (Type III) under chapter 16.19.

Conservation easement means the recorded legal document, voluntarily executed by a property owner, that limits or restricts the use of a portion of a property and is binding on successive owners of the property.

Contiguous means land adjoining and touching other property including lands separated from each other by private road or private right-of-way.

Cottage housing means a multi-family housing style with one (1) or more clusters of small housing units arranged in and around a common open space. Units are typically detached, but may have two (2) attached units.

Country inn means overnight tourist lodging facilities providing sleeping accommodations in a rural area, with not more than forty (40) guest rooms. Related ancillary uses may include restaurant and conference facilities for up to seventy-five (75) participants.

Courtyard apartment or courtyard building means a structure where the building is designed to give the appearance of a large house comprised of attached units arranged to share one (1) or more courtyards, where the building will typically be built to the outermost allowed boundaries (minimum setback or at the build-to line) with internally defined courtyards. Pedestrian access to the building's entrances is from the courtyard and/or fronting street(s). The courtyard is intended to be an outdoor room that can be seen from the adjacent public realm. Courtyard buildings may accommodate multi-family and/or non-residential uses in either a live-work configuration or as solely commercial/retail space facing the primary street, as allowed by the zoning district.

Covered open air walkways means a roofed open passage that provides pedestrian connection between individual structures, which may include features such as pillars, posts and railings, but shall not contain walls, with the exception of primarily transparent walls for weather protection (e.g., glass or plexi-glass).

Cultural center means cultural centers include but are not limited to art galleries, archeological center, libraries, museums, musical and live theater.

Cutoff light fixture means an outdoor light fixture shielded in such a manner that all 100 percent light emitted by the fixture, either directly from the lamp or indirectly from the fixture, is projected below the horizontal plane ninety (90) degrees.

Day care means a facility maintained under public or private auspices and licensed by the state for the purpose of providing care, assistance and/or training for persons (children or adults) not related to the caregiver. The care is provided for less than twenty-four (24) hours during one (1) day.

Day care center means care provided for more than twelve (12) persons.

Day care center (small) means family-home care provided for seven (7) to twelve (12) persons not related to the caregiver.

Day care nursery means family-home care provided for up to six (6) persons not related to the caregiver. A day care nursery is considered to be a home occupation and must meet the standards for home occupation.

Dedication means the deliberate appropriation of land by an owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. Acceptance of a dedication by the county is evidenced by the recording of a final plat or short plat.

Distillery means an establishment licensed under RCW 66.24.140 (distillery) and RCW 66.24.145 (craft distillery) in accordance with standards set forth in Title 66 RCW. Such facilities may include additional product-related uses such as orchards, cellars or similar product-storage areas, tasting rooms, and sales as authorized by state law, and sales of merchandise related to products available for tours and tastings.

Distillery, rural means a distillery permitted in the rural area in accordance with section 17.03.180.DD.1.

Duplex means a dwelling unit designed exclusively for occupancy by two (2) families living independently of each other, doing their own cooking, and containing two (2) dwelling units. Such dwelling units have a common roof or the dwelling units are joined by a common roof. A single family dwelling unit with an attached guest cottage is not considered a duplex.

Dwelling unit means any building, or portion thereof which contains living facilities for not more than one (1) family. Living facilities include provisions for sleeping, cooking, and sanitation, as required by Island County. Dwelling unit includes site built homes, mobile/manufactured homes, modular homes, duplexes, triplexes and fourplexes. Recreational vehicles are not dwelling units.

Earned development unit means the dwelling unit or fraction thereof that is granted a farm or forest owner after approval by the board of a farm or forest management plan.

Eating and drinking establishment means a retail sales and service use in which food and/or beverages are prepared and sold at retail for immediate consumption, either inside or outside the structure and on or off the lot containing the establishment.

Emergency service communications means any Sheriff, fire, emergency, and/or medical wireless communication of radio frequency (RF) signals through electromagnetic energy.

Entertainment uses means a commercial use in which recreational, athletic, and/or cultural opportunities are provided for the general public, either as participants or spectators. Examples include, but are not limited to, theaters, live music, dancing, lecture halls, and indoor or outdoor sports and games.

Equestrian center means uncovered and covered facilities operated either as a farm use or a commercial boarding, training, teaching, breeding and rental of horses including facilities for shows and competitive events.

Essential public facilities means those facilities that provide a service to the public and are required to support basic social needs in the community, region and state and to implement the comprehensive plan but are typically difficult to site because they may require an extremely large amount of acreage, and additionally may have aesthetic issues that may not meet standards for rural character; and may create exceptionally high impacts from the amounts and type of transportation, excessive noise, odor, lighting and glare, and may involve unusually high security measures. Essential public facilities include, but are not limited to airports, military installations, state educational facilities, state or regional transportation facilities, state and local correctional facilities, solid waste-handling facilities, and large in-patient facilities including substance-abuse facilities, mental health facilities, group homes, septage collection and treatment, public school facilities, and sewage treatment facilities. Throughput transmission facilities, major utilities, and communication towers are not essential public facilities. Essential public facilities fall into the two (2) following classifications:

a.

Class A facilities. These facilities serve a large region or the state and generally must locate in the rural area because they require extremely large sites and must be located away from centers of population due to their associated impacts and required security measures. They will likely have major impacts on the site and surrounding area due to changes to the natural landscape and vegetation at the time of site development and from the associated size of the use, and levels of traffic, noise, odors, lighting, and other factors during operation. These facilities include, but are not limited to regional transportation facilities, such as regional airports, state correction facilities, and state educational facilities.

b.

Class B facilities. These facilities serve the county, a small region, or a neighborhood and generally need to be located near the populations they serve. These facilities include but are not limited to solid waste-handling facilities, septage collection and treatment, public school facilities, sewage treatment facilities, group homes, including assisted living facilities, and large inpatient facilities (e.g., substance abuse facilities, and mental health facilities).

Event means an organized gathering or series of gatherings, held indoors or outdoors, on public property or private property that is open to the public, or limited to invited guests. Events may be either incidental to the primary use of the property or may be the primary use permitted in accordance with this section.

Existing means unless otherwise expressly stated, existing or vested on the effective date of this chapter, December 1, 1998.

Existing building means a structure, or portion thereof, which meets the definition of existing and was lawfully erected and maintained including those which, because of the enactment of this chapter, no longer conforms to the land use standards or use regulations of the zone in which it is located.

Existing lot means a lot or parcel of land which meets the definition of existing and was also of record and lawfully established and maintained including those which, because of the enactment of this chapter, no longer conforms to the land use standards or use regulations of the zone in which it is located.

Existing master planned resort means a resort that was in existence on July 1, 1990 and that met the definition of an existing master planned resort at that time. The resort is developed, in whole or in part, as a significantly self contained and integrated development that includes short-term visitor accommodations associated with a range of indoor and outdoor recreational facilities within the property boundaries in a setting of significant natural amenities. An existing resort may include other permanent residential uses, conference facilities, and commercial activities supporting the resort, but only if these uses are integrated into and consistent with the on-site recreational nature of the resort.

Existing use means a use which meets the definition of existing and was lawfully established and maintained including those which, because of the enactment of this chapter, no longer conforms to the land use standards or use regulations of the zone in which it is located.

External lot means a lot to which an access easement is attached.

Façade means the exterior wall of a building that is set along a frontage line. It consists of the entire building front or street wall face of a building extending from the grade of the building to the top of the parapet or eaves and the entire width of the building elevation.

Facilities providing personal wireless services means unstaffed facilities that are used for the transmission or reception, or both, of wireless communication services including, but not necessarily limited to, antenna arrays, transmission cables, equipment shelters, and support structures.

Family means as used in this chapter, an individual, two (2) or more persons related by blood, marriage, adoption or similar legal relationship, or a group of not more than six (6) persons who need not be so related, plus domestic staff employed for services on the premises, living together as a single housekeeping unit in one (1) dwelling unit. The definition of family shall apply regardless of whether any member of such group receives outside services for mental, emotional, or physical disability.

Farm/forest management plan means a master plan for an entire farm or forest unit approved by the board. The plan establishes both the planned location for earned development units, allowed rural land uses and the specific actions to be taken by the county to strengthen and enhance the economic viability of the farm or forest unit.

Farm or forest unit means lots, tracts or parcels of land that are actively managed in agricultural or forest uses and that are in one (1) contiguous ownership.

Farm produce stand and forest products stand means a building or structure which is used for the primary purpose of selling farm produce, forest products or hand made products, but which may also be used for the sale of other farm or forest related goods and certain food service products.

Farm use means the current employment of land for the purpose of obtaining a profit in money by raising, harvesting and selling crops or the feeding, breeding, management and sale of, or the produce of, livestock, poultry, fur-bearing animals or honeybees or for dairying and the sale of dairy products or any other agricultural or horticultural use or animal husbandry or any combination thereof. "Farm use" also includes;

a.

The current employment of land for the purpose of stabling or training equines including but not limited to providing riding lessons, training clinics and schooling shows;

b.

The preparation, storage and disposal by marketing or otherwise of the products or by-products raised on such land for human or animal use;

c.

The propagation, cultivation, maintenance and harvesting of aquatic species and bird and animal species to the extent allowed by the rules adopted by the State Fish and Wildlife Commission; and

d.

Farm use includes the on-site construction and maintenance of equipment and facilities used for the activities described in the subsection.

Farm worker housing means residential structures which are required for farm operators, employees, or family members of the operator or owner who are employed on the farm. These structures may be mobile homes, dormitories, or single-family dwellings. One (1) of the adults living in the home must make over fifty (50) percent of his or her gross income from the farming operation or be a caretaker of the farm.

Farmer's market means a structure or site used for the temporary gathering of persons offering for retail sale to the public local farm produce, plants, and seeds; private label canned, dried, or bottled foods; homemade food products such as bread and pastries; ornamental shrubs, potted plants, and similar nursery stock; and locally harvested products. A farmer's market is a temporary seasonal outlet for local area farmers, crafters and food processors to sell their wares directly to the consumer, usually occurring on a weekly or less occasional basis.

Fast-food restaurant means an eating and drinking establishment, in which the manner of preparation, packaging and service of the product enables and/or encourages its consumption outside the restaurant, and which has most of the following characteristics: quick food service is offered and sales transactions are completed within a very short time period; food is already prepared and held for service, or able to be prepared quickly; the menu is limited, but usually includes a main course and beverages; food is generally served in disposable wrappings or containers, with disposable utensils; and/or orders are not generally taken at a customer's table. In addition, a fast food restaurant does not serve alcohol of any type.

Feedstock means organic material used in the composting process, which may include yard waste, animal waste, municipal solid waste, other specialty wastes, which are grouped into four (4) categories referenced below.

Type 1 feedstocks means source separated yard and garden wastes, wood wastes, agriculture crop residues, wax-coated cardboard, pre-consumer vegetative food wastes, other similar source separated materials that the Island County Health Department determines to have a comparable low level of risk in hazardous substances, human pathogens, and physical contaminants.

Type 2 feedstocks means manure and bedding from herbivorous animals that the Island County Health Department determines to have a comparable low level of risk in hazardous substances and physical contaminants when compared to Type 1 feedstock.

Type 3 feedstocks means source separated food wastes or other similar source-separated materials that the Island County Health Department determines to have a comparable low level of risk in hazardous substances and physical contaminants, but are likely to have high levels of human pathogens.

Type 4 feedstocks means mixed municipal solid wastes, post collection separated or processed solid wastes, industrial solid wastes, industrial biological treatment sludges, or other similar compostable materials that the Island County Health Department determines to have a comparable high level of risk in hazardous substances, human pathogens and physical contaminants.

Final plat means the final drawing of the subdivision and dedication prepared for filing of record with the Island County Auditor, and containing all elements and requirements set forth in this chapter.

Floor area ratio (FAR) means the ratio between the gross floor area and the square feet of the parcel or lot area.

Food processing means the preparation, processing, canning and/or packaging of food products for human consumption. Examples of activities included are bakeries, dairy product processing, fruit and vegetable canning, and miscellaneous food preparation from raw products, including catering services that are independent from food stores or restaurants. Does not include rendering plants and facilities that slaughter animals.

Food truck means a licensed vehicle from which food is sold at temporary sites. Workers work inside the food truck but the public stays outside. A food truck is no more than 8.5 feet wide and has at least one (1) of the following: an electrical system, a water or drain system, or a propane gas system. A food truck with attached trailer hitch, trailer, or other extension (i.e. for a bar-b-que or grill) must not exceed forty (40) feet in length.

Food truck court means any lot, or part of a lot, that is used primarily for more than one (1) food truck to operate.

Footcandle (FC) or (VFC) means a unit of measurement that shows the quantity of light received on a surface, and defined as one (1) lumen per square foot of area illuminated. Footcandle or FC is a general term for all types of illumination, while vertical footcandles (VFC) refers only to illumination being produced on a vertical surface (facade of a building) or passing over a property line (spill light/light trespass). Footcandles shall be measured by a photometer.

Forest use means the current use of land for the primary purpose of growing, harvesting, managing and sale of forest products in accordance with the Washington Forest Practices Act (Chapter 76.09 RCW) and regulations adopted pursuant thereto. See Agricultural/farm use.

Forest Zone, Rural means the zoning classification applied to certain designated lands to protect and encourage long term productive use of Island County's forest lands of local importance.

Forestry processing means a facility for the primary processing of forest products. These facilities are intended to be only portable and temporary in nature. The primary processing of a forest product, as used in this chapter, means the use of a portable chipper or stud mill or other similar methods of initial treatment of a forest product in order to enable its shipment to market. Forest products, as used in this section, means timber grown upon a parcel of land or contiguous land where the temporary processing facility is located. The facility shall not be placed on a permanent foundation and shall be removed at the conclusion of the forest operation requiring its use.

Foster home means a home licensed and regulated by the state and classified by the state as a foster home, providing care and guidance for not more than three (3) unrelated juveniles.

Fourplex means a dwelling unit, or portion thereof, designed for occupancy by four (4) families living independently of each other, doing their own cooking and containing four (4) dwelling units. Such dwelling units have a common roof or the dwelling units are joined by a common roof.

Frontage means the area between a building façade and the vehicular lanes, inclusive of its built and planted components.

Full cutoff light fixture means an outdoor light fixture shielded in such a manner that all (100%) light emitted by the fixture, either directly from the lamp or indirectly from the fixture, is projected below the horizontal plane (90°) and where and the luminous intensity at or above a vertical angle of eighty (80) degrees does not exceed ten (10) percent.

Full visual screen means the use of any combination of landscaping, wall, and/or fence where the materials chosen, and placement of those materials, intended to exclude visual contact between uses and to create a strong impression of spatial separation during all seasons of the year. The screening shall be considered to be a full view visual screen at maturity if there are no openings greater than one (1) square foot and no less than eighty (80) percent opacity per eight (8) linear feet of screening from the ground to a height of at least six (6) feet [note: 100 percent opacity is a complete blockage of all visibility through an object, such as through a solid masonry wall].

Government services means administrative, clerical, or public contact offices of a government agency, public or private utility, including postal facilities, together with storage and maintenance of vehicles and equipment.

Governmental services—Rural. "Rural governmental services" or "rural services" include those public services and public facilities historically and typically delivered at an intensity usually found in rural areas, and may include domestic water systems, fire and police protection services, transportation and public transit services, and other public utilities associated with rural development and normally not associated with urban areas. Rural services do not include storm or sanitary sewers, except as otherwise authorized by RCW 36.70A.110(4).

Governmental services—Urban. "Urban governmental services" or "urban services" include those public services and public facilities at an intensity historically and typically provided in cities, specifically including storm and sanitary sewer systems, domestic water systems, street cleaning services, fire and police protection services, public transit services, and other public utilities associated with urban areas and normally not associated with rural areas.

Grinding means operation to allow the commercial grinding of stumps and other storm, construction, and yard debris. Grinding operations are accessory to a primary use and may be temporary or permanent in nature.

Gross floor area means the total area in square feet of all floors of a structure measured from exterior walls, except that the following shall not be included in the calculation of gross floor area as it pertains to a structure:

a.

Open courtyards, decks, porches and roof overhangs; and

b.

Structures that provide spaces for mechanical equipment associated with a pump house, generator, hot water tank, heating systems, etc.; and

c.

Any space where the floor to ceiling height is less than five (5) feet; and

d.

Any space that meets the definition of a basement pursuant to the Uniform Building Code.

Group home means a facility licensed by the state, including assisted living facilities, which provides twenty-four (24) hour care and residence (permanent or transient) for persons. Such facilities shall include, but not be limited to, providing care to persons in need because of developmental disability, mental or emotional disorders, physical disability, abuse of drugs, abuse of alcohol, or impaired capacity for independent living.

Gun club and shooting range means a facility established for the purpose of recreational shooting, including, but not limited to, archery, target, and skeet shooting and may also include organized tournaments.

Health care services means services provided directly to patients, including, but not limited to, a hospital, clinic, health care provider's office, health maintenance organization, diagnostic or treatment center, neuropsychiatric or mental health facility, hospice, or nursing home. Offices for physicians, dentists or chiropractors including medical/dental laboratories are included within this definition.

Height, building shall be defined and measured as provided by the most recent edition of the International Building Code (IBC) and the International Residential Code (IRC).

Helipads means areas for the landing and take-off of rotary-wing aircraft, but not adequate for landing of fixed-wing aircraft.

Home industry means a business activity of a scale greater than home occupation but which is still incidental to and secondary to the residential use.

Home occupation means a business activity or use of a small scale which is incidental to and secondary to the residential use and is conducted on the parcel or within the dwelling unit or an accessory structure owned by the operator of the home occupation.

Hotel or Motel means an overnight lodging establishment containing seven (7) or more guest rooms in which lodging is offered for compensation. Related ancillary uses may include, but shall not be limited to, conference facilities and meeting rooms, restaurants and banquet facilities, and recreational facilities such as a swimming pool, spa, and fitness center.

Impervious surface means a surface area that prevents or impedes infiltration of water into the soil mantle; retards the infiltration of water into the soil mantle such that it causes water to run off the surface in greater quantities or at a greater rate of flow than under natural conditions. Common impervious surfaces include roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled surfaces. Open, uncovered retention/detention facilities are not considered impervious surfaces.

Impervious surface ratio means a measure of the intensity of land use, determined by dividing the total of all impervious surfaces on a site by the gross site area.

Infiltration means the downward movement or seepage of water from the surface to the subsoil and/or groundwater. The infiltration rate is expressed in terms of inches per hour.

Infiltration facility means a structure or area that allows stormwater runoff to gradually seep into the ground (e.g. pervious pavement, pervious pavers, rain gardens, water resource zones, French drains, seepage pits, infiltration basins, dry wells, perforated pipes).

Institutional describes the use of a structure to provide public services such as churches, schools, day care/group homes, utilities and fire stations. Generally, institutional uses are owned and/or operated by a public or non-profit agency.

Interfere means to impede or hinder other uses; infringe upon; encroach.

Junk means any manufactured good, appliance, fixture, furniture, machinery, personal property or any other thing or part thereof, whether of value or valueless, that is demolished, discarded, dismantled, partially dismantled, dilapidated, or so worn and deteriorated that there is no longer remaining any capability for use in the manner for which it was originally manufactured.

Junk and/or salvage yard means an open area where scrap materials are bought, sold, exchanged, recycled, stored, disassembled or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, bottles and such other worn out or discarded material as can be turned to some use, but which cannot be used again for the purpose for which it was originally intended. A sanitary landfill, refuse, transfer station, drop box facility for waste disposal, or recycling center shall not be considered a "junkyard and/or salvage yard" when operated by a governmental agency or other institution.

Junk vehicle means any vehicle meeting the following requirements:

a.

Is apparently inoperable; or

b.

Is without valid, current registration plate or license tabs; and

c.

Is extensively damaged, including but not limited to any of the following: a damaged window or windshield, or missing wheels, tires, motor, or transmission; or

d.

Has an approximate fair market value equal only to the approximate value of the scrap in it.

Kennel means the boarding, breeding, keeping or training places or the keeping or raising of five (5) or more household pets, at least six (6) months of age, which are owned by persons other than the owner of the property, may be permitted as a home industry. A kennel shall not include animal hospitals or veterinary clinics.

Land division means the segregation of a parcel of land into smaller parcels or lots, including short subdivisions and subdivisions.

Landscaping means any combination of living plants, such as trees, shrubs, vines, ground grass, natural substances such as rock, stone, bark chips or shavings, and structural features, including, but not limited to, fountains, reflecting pools, outdoor art work, and benches.

Lattice support structure means a guyed or self-supporting multi-sided, open metal frame structure used to support telecommunication equipment.

Light manufacturing means a business use or activity at a scale greater than home industry involving manufacturing, fabrication, assembly, warehousing and/or storage.

Light Manufacturing Zone means the zoning classification applied to nonresidential areas that are composed primarily of existing light manufacturing uses and governmental services uses, Existing as of July 1, 1990 and defined by logical outer boundaries.

Livestock means domestic animals, fish and fowl of types customarily raised or kept on farms for profit or other commercial purposes, but not including household pets such as dogs, cats, birds, etc.

Livestock, large means livestock including horses, cows, alpacas, ostrich, emu, llamas, goats, sheep and buffalo.

Livestock, small means types of goats and horses commonly referred to as pygmy, dwarf, or miniature, typically weighing less than 150 pounds and all domestic or barnyard poultry.

Live-work unit means a mixed-use building type integrating a housing unit and working space, occupied and utilized by a single household, in a structure that has been designed or structurally modified to accommodate joint residential occupancy and work activity. There is an internal connection between the housing unit and the work space. The housing unit includes a complete kitchen space and sanitary facilities in compliance with the Building Code and the working space is reserved for, and regularly used by, one (1) or more occupants of the unit.

Logical outer boundary means a term described in RCW 36.70A.070 and used by Island County to define the permanent outer limit of the Rural Residential, Rural Center, Rural Village, Rural Service, Light Manufacturing and Airport Zones.

Lot means a fractional part of divided lands having fixed boundaries and being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels, including existing tracts or parcels. Lot as used in this chapter shall include both a standard section subdivision and also the corresponding equivalent fractional part of a section, for example, 1/128 of a section shall also mean five (5) acres.

Lot area/lot size means the total land area within the lot lines. Gross lot area shall include any land area required to be dedicated for public right-of-way or public open space, and/or donated for such purposes. Tidelands (land seaward of the ordinary high tide line), whether privately or publicly owned, shall not be included in the calculation of lot area. However, privately owned shorelands (non-tidal) should be included in such calculation.

Lot combination means the combination of two (2) or more lots where no public dedication is modified.

Lot, corner means a lot abutting on two (2) or more streets, other than an alley, at their intersections.

Lot, interior means a lot other than a corner lot.

Lot line means the property line bounding a lot.

Lot line, front means the property line separating the lot from the street. In the case where the lot does not front directly upon a street, that lot line towards which most houses in the immediate area face, or the line most parallel to the road from which access is provided.

Lot line, rear means a property line which is opposite and most distant from the front lot line. In the case of an irregular, triangular, or other shaped lot, a line ten (10) feet in length, within the lot, parallel to and at a maximum distance from the front lot line.

Lot line, side means any lot line not a front or rear lot line.

Lot, through means any lot having "frontage" on two (2) streets or roads, other than an alley, providing said streets or roads do not intersect at the lot line and the lot is not a corner lot.

Lot width means the average horizontal distance between the side lot or parcel lines, calculated by dividing the lot area measured in square feet by the length of the lot (i.e., the distance between the front and rear property lines measured in feet).

Lumen is the unit used to measure the total amount of light that is produced by a light source/lamp. All light sources reduce in lumen output the longer that they are operated. "Initial lumens" is a term defined as the amount of light output from a lamp when it is new. "Mean lumens" is a term defined as the average lumen output of a lamp over its life, and is the lumen value utilized in the proper design of lighting systems. A lumen is a unit of standard measurement used to describe how much light is contained in a certain area.

Manufactured home means a single-family dwelling unit built according to the Department of Housing and Urban Development Manufactured Home Construction and Safety Standards Act, which is a national, preemptive building code. A manufactured home also:

• Includes plumbing, heating, air conditioning, and electrical systems;

• Is built on a permanent chassis; and

• Can be transported in one (1) or more sections with each section at least eight (8) feet wide and forty (40) feet long when transported; or when installed on the site is 320 square feet or greater (see RCW 46.04.302).

Marijuana means all or part of the plant cannabis, whether growing or not, with a THC concentration, as defined in RCW 69.50.010(ii), greater than 0.3 percent on a dry weight basis; the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt derivative, mixture or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake or the sterilized seed of the plant which is incapable of germination.

Marijuana-infused products means products that contain marijuana or marijuana extracts and are intended for human use. The term "marijuana-infused products" does not include useable marijuana.

Marijuana licensee means any person or entity that holds a marijuana license, or any person or entity who is a true party of interest in a marijuana license, as outlined in WAC 314-55-035.

Marijuana manufacture means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container. The term does not include the preparation, compounding, packaging, repackaging, labeling, or relabeling of a controlled substance:

a.

By a medical professional/practitioner or designated provider (as defined by Chapter 69.51A RCW) as an incident to administering or dispensing of a controlled substance in the course of the medical professional/practitioner's professional practice; or

b.

By a medical professional/practitioner or designated provider (as defined by Chapter 69.51A RCW), or by the medical professional/practitioner's authorized agent under the practitioner's supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale.

Marijuana processor means a person licensed by the State Liquor Control Board to process marijuana into useable marijuana and marijuana-infused products, package and label useable marijuana and marijuana-infused products for sale in retail outlets, and sell useable marijuana and marijuana-infused products at wholesale to marijuana retailers.

Marijuana producer means a person licensed by the State Liquor Control Board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers.

Marijuana retailer means a person licensed by the State Liquor Control Board to sell useable marijuana and marijuana-infused products in a retail outlet.

Mini storage means structures containing separate self-service storage spaces that are leased or rented as individual units.

Mining waste means accumulations of waste material and overburden placed on the land surface, whether above or below water.

Mixed use means a development with multiple functions within the same building (either stacked units and/or shared walls) or in multiple buildings on a single lot (integrated by building design, adjacency, site plan/layout, and circulation patterns). It may or may not include a residential component. Typically, a mixed use structure may have non-residential uses at street level with residential uses on the second floor.

Mixed use area means specific areas established pursuant to RCW 36.70A.070 ^[4] as areas of more intensive development. The Rural Center, Rural Village and Rural Service Zone are used for these areas. Commonly referred to as a RAID.

Mobile home means a factory-built dwelling unit built prior to June 15, 1976, to standards other than the HUD Code, and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the state. Mobile homes have not been built since the introduction of the HUD Manufactured Home Construction and Safety Standards Act. For the purposes of this chapter references to manufactured homes include mobile homes.

Mobile/manufactured home park means a tract of land under the ownership or management of one (1) person, firm or corporation where three (3) or more spaces are provided solely for the placement of mobile/manufactured homes for residential purposes. A mobile/ manufactured home park shall not include PRDs or subdivisions, recreational vehicle parks or the placement of mobile/manufactured homes as authorized through a temporary use permit.

Modular housing means a dwelling unit, other than a manufactured home, constructed on-site composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. Modular housing meets all of the following requirements: is designed only for erection or installation on a site-built permanent foundation; is not designed to be moved once erected or installed; and is designed and manufactured to comply with a nationally recognized model building code or an equivalent local code, or with a state or local modular building code recognized as generally equivalent to building codes for site-built housing. For land use purposes, a modular dwelling unit is considered the same as a site-built dwelling unit.

Mono-pole means a self supported structure composed of a single spire used to support telecommunication equipment.

Multi-family means five (5) or more residential dwelling units in one (1) building or in building(s) joined by common walls. Multi-family housing does not include attached dwelling units in a PRD, duplexes, triplexes or fourplexes.

Non-residential describes the use of a structure for commercial, institutional, light manufacturing or similar uses. Non-residential is not used to characterize agricultural/farm or forest uses.

Non-residential areas means specific areas established pursuant to RCW 36.70A.070 as areas of more intensive development. The Light Manufacturing and Airport Zones are used for these areas. Commonly referred to as a RAID.

Nursing or convalescent home means an establishment licensed by the state which provides full time care for three (3) or more chronically ill, aged or infirm persons. Such care shall not include surgical, obstetrical or acute illness services which are customarily provided in hospitals.

Office means structures used by individuals, firms or organizations providing professional, executive, management, or administrative services, such as architectural, computer software consulting, data management, engineering, interior design, graphic design, real estate, insurance, investment, and law offices.

One ownership means all contiguous property owned by the same owner.

On site consumption means putting of liquor to any use on the premises, whether by drinking or otherwise, as an adjunct to wholesale or retail sales, including the sampling or tasting of wine, cider, spirits, or beer. It does not include the ingestion of alcohol by wine, cider, spirits, or beer producers as part of the production process.

Open space means areas of a site designated and permanently committed by conservation easement as undisturbed areas or community area; committed to community use or committed to farm or forest use. Examples of open space include undisturbed natural areas such as slopes and wetlands, buffer areas whether landscaped or in native vegetation, and pastures or gardens. Open space may also be used for passive activities such as trails. Well sites and septic drainfields located in designated open space areas will be considered community area and are allowed in open space, subject to certain limitations imposed by chapter 16.17.

Open space ratio means a measure of the intensity of land use, determined by dividing the total of all open space areas contained within a site by the gross site area.

Overburden means soil, rock or other materials that lie above a mineral deposit.

Overnight lodging means a commercial establishment consisting of cabins and/or motel and hotel units intended for temporary use by the traveling public. See also "Bed and breakfast room, inns, country inns and guest houses."

Owner means any person or persons, having legal right or interest such as a fee owner, contract purchaser, mortgagor or mortgagee, option or optionee, and beneficiary or grantor of a trust or deed of trust, but not including the grantee of an easement.

Parcel means a legal division or segregation of land including an assessor's parcel established by the assessor and assigned numbers for assessment purposes. See definition of "Lot."

Park trailer or park model trailer means a recreational travel trailer designed to be used with temporary connections to utilities necessary for operation of installed fixtures and appliances. The trailer's gross area shall not exceed 400 square feet when in the setup mode. Park trailer or park model trailer excludes a mobile home and is not a dwelling unit.

Parking facility - public or commercial means a parking lot or structure operated by the County, a local improvement district, or a private entity providing parking for public or private patrons. Does not include towing impound and storage facilities.

Parking structure means a building containing two (2) or more stories of parking.

Parks Zone means the zoning classification applied to certain designated lands intended for public service and recreational activities.

Passive use park means a park featuring passive recreation pursuits such as interpretive programs and trail systems which take advantage of geological, biological or scenic resources located within the park, but not including recreational facilities such as swimming pools, gyms and playing fields.

Pedestrian-oriented means a built environment that caters to—and is designed around—the pedestrian experience. Design elements have an emphasis primarily on the sidewalk, how a building relates to the sidewalk (building frontage), and on pedestrian access to the site and building, rather than on auto access and parking areas. The density, layout, and infrastructure encourages walking and biking, including short setbacks, front porches, sidewalks, and pathways. The scale and relationship between the dimensions of a building or building element, street, outdoor space, or streetscape element, is designed taking into account the perceptions and walking speed of a typical pedestrian.

Pedestrian-oriented open space (PED) means publicly accessible spaces that enliven the pedestrian environment by providing opportunities for outdoor dining, socializing, and/or relaxing, and that provide visual amenities that can contribute to the character of the neighborhood.

Pedestrian pathway or passage means a pedestrian connector, open or roofed, that passes between buildings to provide shortcuts through long blocks and/or connect rear parking areas to building frontages and are free from vehicular traffic.

Permitted use means a use or structure allowed by right in a zone subject to the limitations and standards of this chapter. Permitted uses are classified as ministerial decisions under chapter 16.19.

Person means an individual (regardless of relationship or legal capacity), limited liability company, partnership, corporation, association, unincorporated organization, trust, or any other legal or commercial entity, including a joint venture or other such affiliated ownership.

Personal wireless services means any federally licensed personal wireless service.

Planned residential development (PRD) means a cluster residential project approved by the board pursuant to chapter 16.17. A PRD may include detached or attached dwelling units.

Planning Department means the Island County Department of Planning and Community Development.

Planning Director means the Planning Director of Island County, Washington, or his or her authorized representative.

Preliminary plat means a neat and approximate drawing of a proposed short subdivision or subdivision showing the general layout of streets and alleys, lots, blocks and other elements of a subdivision consistent with the requirements of this title. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a short subdivision or subdivision.

Prohibited use means a use that is expressly prohibited by this chapter. Unlisted uses will be classified through Code interpretations (section 17.03.190) and are not necessarily prohibited.

Public realm means outdoor areas of the built environment intended to be accessible to, and used by, the general public. It comprises the streets, sidewalks, open spaces, and other outdoor places that do not require permission to access.

RAID means an area of more intensive rural development established pursuant to RCW 36.70A.070. See also the definitions of "Mixed use non-residential and residential areas."

Real estate sales office means a building, mobile/manufactured home or other premises temporarily used for the sale of the real property and located within the long subdivision or planned residential development it is authorized to sell.

Reasonable use means the logical or rational use of a specific parcel of land which a person can be expected to conduct or maintain fairly or appropriately under the specific circumstances, considering the size of the lot, the type or use or structure proposed and similar uses and structures in the general vicinity of the lot, that are permitted uses consistent with and conforming to current regulations.

Reclamation means the combined process of land treatment that minimizes disruption or alteration of groundwater movement, water quality degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, sedimentation, and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for future permitted land uses, and so that adverse impacts on groundwater resources are mitigated, and no danger to public health or safety is created. The process may extend to affected lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, erosion and sedimental control, stabilization, restoration of groundwater recharge areas, or other measures.

Recreation area or use means areas of a site and facilities designated and permanently committed for the active use of the project residents or the general public. Examples of recreation areas include clubhouses, swimming pools, playgrounds, community beaches, boat launches, golf courses, tennis courts, exercise or walking paths.

Recreation small-scale means an isolated use that relies on a rural location or setting and complies with the land use standards set forth in section 17.03.180.

Recreational vehicle means any over-the-road trailer, pickup camper or other wheeled mobile unit, with or without motive power, which is designed or converted for temporary human occupancy and licensed or eligible to be licensed as either a motor home, recreational trailer, camper, or other mobile unit by the State of Washington, Department of Licensing, or similar units eligible to be licensed by another state. Recreational vehicles are not dwelling units.

Research and development means establishments primarily engaged in medical, industrial or scientific research, including product testing.

Residential describes the use of a structure by a family as a dwelling unit and may also include home occupation, accessory uses, or structures. Residential is also used to describe a geographic area where permitted uses are typically residential in character.

Residential areas means specific areas established pursuant to RCW 36.70A.070 as areas of more intensive development. The Rural Residential Zone is used for these areas, commonly referred to as a RAID.

Retail sales means establishments engaged in retail sales of goods, including, but not limited to, the retail sale of merchandise not specifically listed under another use classification. This classification includes, but is not limited to, department stores, clothing stores, furniture stores, pharmacies, hardware stores, nurseries, office supply stores and other similar uses.

Retail services means establishments engaged in the sale of services directly to the consumer including, but not limited to, video stores, laundry and dry cleaning and other similar uses.

RF engineer means a professional engineer licensed in Washington, with a degree in electrical engineering, and demonstrated accreditation and experience with wireless communication technology as determined by the director.

Road, private means any easement, parcel, or right-of-way created to provide access that is not a public road.

Road, public means a road maintained by the State of Washington, by a city, or by Island County, regardless of whether the right-of-way was acquired by deed, dedication or prescriptive easement.

Roof-mounted means mounted on the roof of a building.

Rural Center Zone means the zoning classification applied to non-residential areas that are forty (40) acres or larger in size and contain a predominant pattern of development existing as of July 1, 1990, defined by logical outer boundaries.

Rural character, from RCW 36.70A.030(14), refers to the patterns of land use and development established by a county in the rural element of its comprehensive plan:

a.

In which open space, the natural landscape, and vegetation predominate over the built environment;

b.

That foster traditional rural lifestyles, rural-based economies, and opportunities to both live and work in rural areas;

c.

That provide visual landscapes that are traditionally found in rural areas and communities;

d.

That are compatible with the use of the land by wildlife and for fish and wildlife habitat;

e.

That reduce the inappropriate conversion of undeveloped land into sprawling, low-density development;

f.

That generally do not require the extension of urban governmental services; and

g.

That are consistent with the protection of natural surface water flows and ground water and surface water recharge and discharge areas.

Rural commercial events means events occurring at a specific site ten (10) times or less in a given year and includes but is not limited to events where there is compensation to the property owner and/or where there is an agreement between a private individual or a group and the property owner. Rural commercial events are incidental and subordinate to the primary use on a parcel and include activities such as music/entertainment events (with or without amplified sound), receptions, meetings, weddings, and other advertised events.

Rural event center means a permanently established facility in a rural location and setting that operates on a continuous basis to accommodate the temporary assembly of people for special functions such as reunions, weddings, seminars and special instruction, ceremonies, receptions, and picnics. The sites take advantage of special rural characteristics such as natural features, historic structures and landscapes, special views, open vistas, or a secluded pastoral locale.

Rural Residential Zone means the zoning classification applied to residential areas where the predominant pattern of development existing as of July 1, 1990 is at a density greater than the base density permitted in the Rural Zone, defined by logical outer boundaries.

Rural Service Zone means the zoning classification applied to existing, isolated non-residential uses, authorized by RCW 36.70A.070, defined by logical outer boundaries.

Rural Village Zone means the zoning classification applied to non-residential areas that are less than forty (40) acres in size that contain a predominant pattern of development existing as of July 1, 1990, defined by logical outer boundaries.

Rural Zone means the principal zone of Island County providing a variety of living and working opportunities, uses and rural lifestyles at a variety of densities.

School means a building where persons regularly assemble for the purpose of instruction or education together with the playgrounds, stadia and other structures or grounds used in conjunction with the school. The term school is limited to public and private schools used for primary or secondary education, in which regular kindergarten or grades one (1) through twelve (12) classes are taught or special educational facilities in which students who have physical or learning disabilities receive specialized education in lieu of attending regular classes in kindergarten or any of the grades one (1) through twelve (12).

School site means a proposed school site that is owned by a public school district that has either been identified by a siting study prepared by the school district and that has been incorporated in the comprehensive plan land use element as a land useful for public purpose or was owned by the school district at the date of adoption of this chapter.

Screen or screening means a method of visually or acoustically shielding or obscuring one (1) use from another by fencing, walls, berms, natural vegetation, landscaping, or any combination thereof.

Senior retirement facility means a residential facility designed for and occupied by at least one (1) person per unit who is sixty-five (65) years or older, whose occupants are able to live independently and without twenty-four-hour supervision, and providing centralized services for the residents, including but not limited to meals, housekeeping, and transportation. Individual cooking facilities are not provided and personal vehicles are discouraged.

Setback means the required minimum horizontal distance between every structure and the lot lines and/or centerline of any abutting road.

Short plat means the map or representation of a short subdivision submitted for final approval and recording showing thereon the division of a tract or parcel into lots, blocks, streets, or other divisions.

Short subdivision means the division of land into four (4) or fewer lots, tracts or parcels for the purpose of development, sale, lease, transfer, gift, or other conveyance, approved pursuant to chapter 16.06, often referred to as a "short plat".

Side-mounted means mounted on the side of a building or water tank.

Sign means any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images. Signs do not include national or state flags, window displays, graffiti, athletic scoreboards, or the official announcements or signs of local, state, or federal government.

Sign, abandoned means any sign or sign structure which bears no sign or copy for a period of six (6) consecutive months, or for on site signs that display for a period of six (6) consecutive months, information which incorrectly identifies the business, owner, lessor, or principal activity conducted on the site. Abandoned sign shall also mean any sign on which proper maintenance is not being done; any on site sign on a parcel that has been vacant or unoccupied for six (6) months or more; or any sign which pertains to a time, event, or purpose which no longer applies, regardless of the message or lack of message.

Sign, agriculture means an on-premise sign advertising agricultural and agro-tourism businesses and products.

Sign, agriculture directional means an off-premise sign consisting of a single vertical post with attached horizontal blades which are used solely for the purpose of directing persons to agricultural and agro-tourism businesses in different premises from where the sign is located. The Planning Department shall maintain a handout illustrating examples of agricultural directional signs.

Sign, animated or moving means any sign or part of a sign which changes physical position by any movement, scrolling, or rotation or which gives the visual impression of such movement or rotation.

Sign, area means the area of a sign as computed in section 17.03.180.R.7.e.

Sign, community identification means signs which identify city or town boundaries within Island County, directional signs to those communities, a significant entrance to the county (ferry landings, bridges, etc.), or significant institutional or public facilities such as schools, post offices, NAS Whidbey, OLF, parks, and similar signs.

Sign, complex means a sign which identifies more than one (1) business or office in a single multi-tenant building or group of buildings. Complex signs are typically found at shopping centers, office complexes or other multi-tenant developments.

Sign, construction means a temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors, or similar artisans, and the owners, financial supporters, sponsors, and similar individuals or firms having a role or interest with respect to the structure or project.

Sign, directional on-premise means signs limited to directional messages, principally for pedestrian or vehicular traffic on a site, such as "one-way," "drive-thru," "entrance," and "exit," as well as "no trespassing," "no dumping," and "no parking" provided they do not exceed two (2) square feet; signs that identify essential public needs (i.e., restrooms, entrance, exit, telephone, etc.); and other information warning signs, which shall not exceed three (3) square feet in area.

Sign, fixed means any sign affixed to a building.

Sign, flashing means any directly or indirectly illuminated sign which exhibits changing natural or artificial light or color effects by any means whatsoever.

Sign, freestanding means any non-movable sign not affixed to a building except sandwich signs which conform to the requirements of this chapter.

Sign, governmental means a sign erected and maintained pursuant to and in discharge of any governmental functions, or required by law, ordinance, or other governmental regulation.

Sign, holiday decoration means temporary signs, in the nature of decorations, clearly incidental to and customarily and commonly associated with any national, local or religious holiday.

Sign, monument means a freestanding sign whose structural system is that other than a pole(s), column(s), or post(s) or other similar type structural system. Monument signs may also be referred to as ground signs.

Sign, multi-tenant means a sign which identifies more than one (1) business or office in a single multi-tenant building or group of buildings. Multi-tenant signs are typically found at shopping centers or office complexes.

Sign, off-premise means a sign which directs attention to a business, commodity, service, or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.

Sign, pole means a sign that is mounted on a freestanding pole(s) or other support structure so that the bottom edge of the sign is six (6) feet or more above grade.

Sign, political means a temporary sign announcing or supporting political candidates or issues in connection with any national, state, or local election.

Sign, portable means a sign that is not permanent or affixed to a building, structure, or the ground. Portable signs also include any sign which is manifestly designed to be transportable, including transportation by trailer or on its own wheels, even though the wheels of such sign may be removed and the remaining chassis or support, constructed without wheels, is converted to an A or T frame sign, or attached temporarily or permanently to the ground, since this characteristic is based on the design of such a sign. It is characteristic of such a portable sign that the space provided for advertising matter consists of a changeable copy sign.

Sign, public use means a sign that provides information for a public purpose, benefiting no specific property, person, corporation or firm directly, and established by a governmental agency.

Sign, real estate means a sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located.

Sign, sandwich means any sign, double or single-faced, which is portable and may readily be moved from place to place.

Sign, special event or temporary means a sign or advertising display constructed of cloth, canvas, fabric, plywood, or other light material and designed or intended to be displayed for a short period of time. This definition includes signs advertising private sales of personal property such as "house sales," "garage sales," "rummage sales," and the like or private not-for-profit events such as picnics, carnivals, bazaars, game nights, art fairs, craft shows, and Christmas tree sales.

Sign, subdivision means a sign identifying the entrance to a subdivision or planned residential community.

Sign, unpermitted means a sign which has been erected or placed without a permit.

Sign, wall graphics means painted signs that constitute commercial advertising (Note: Painted murals are not defined as wall graphic signs).

Sign, warning means signs limited to messages of warning, danger, or caution signs.

Sign, way finding means government signs directing persons to facilities open to the public and authorized by the Washington State Department of Transportation.

Significant tree means a healthy evergreen or deciduous tree, twelve (12) inches in diameter or greater, measured four (4) feet above existing grade.

Single-family dwelling means a building designed or used for residential purposes by not more than one (1) family and containing one (1) dwelling unit. A mobile home or mobile/manufactured home, including a modular home, shall be considered a single-family dwelling. See also "Accessory dwelling unit (ADU), detached, duplex and triplex" and the definition of "Attached." Unless otherwise specified, all single family dwellings are detached dwellings units.

Site plan means a site plan approved by the board pursuant to chapter 16.15.

Site-specific rezone means the rezoning of contiguous lots under the same ownership

Small cell technology means a short-range mobile phone communications technology consisting of low-powered radio access nodes or base stations that operate in a spectrum range of ten (10) meters to two (2) kilometers. The term small cell includes femtocells (primarily residential/neighborhood uses), picocells (primarily used for businesses), and microcells (primarily used for outdoors or public spaces).

Small scale means of a size or intensity which has minor impacts on the surrounding area and which makes minor demands on existing public facilities and services.

Sound equipment means equipment including loud speakers, public address system, amplification system, or other sound producing devices using any sound amplifier that is part of or connected to any speaker system or any other sound source, when operated.

Special review district means an area established by the board upon petition by property owners who require more specific land use control than is afforded by this chapter and other existing land development standards.

Special events means an event occurring at a single location annually or more frequently but in no case more than five (5) times a year. Special events include, but are not be limited to, advertised special events such as outdoor concerts, auctions, model hobby events, glider flights, hot air balloon rides, parachute events, motor boat races, carnivals, or circuses.

Specialty instructional facility means a facility of education not intended for K-12 education, instead primarily devoted to some other form of education. These facilities can be two (2) different scales, home occupation or commercial business. Examples of a specialty instructional facility as a home occupation include an art studio that provides lessons or small group (fewer than ten (10) people per session) musical instrument instruction or language classes. Examples of a specialty instructional facility as a commercial business include martial arts schools, satellite centers of a community college, or driving instruction.

Step-back means a change in upper story building height at a specified distance behind the setback line, with the building height determined by zoning district or zoning overlay (e.g. view corridor overlay).

Storage, outdoor means an outdoor area used for the storage of tools, equipment, vehicles and materials, including construction contractor storage yards. Outdoor storage associated with retail uses such as lumber, building supplies and topsoil are considered accessory retail uses allowed in zones that permit retail sales and services.

Structure means in accordance with the Uniform Building Code (UBC), that which is built or constructed, an edifice or a building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

Subdivision means the division of land into five (5) or more lots approved pursuant to chapter 16.06, often referred to as a "long plat".

Support structure means a structure designed and constructed specifically to support a wireless communication antenna array, and may include a mono-pole, self supporting (lattice) tower, guy-wire support tower and other similar structures. Any device which is used to attach an attached wireless communication facility to an existing building or structure shall be excluded from the definition of and regulations applicable to support structure.

Surface mining means all, or any part of, the process involved in the mining of minerals, peat or topsoil by removing overburden and mining directly from the deposits, open-pit mining of deposits naturally exposed, quarrying, or surface work incident to an underground mine. Surface mining shall exclude excavations or grading associated with the operation of a borrow pit for farm or forest road construction or maintenance on-site or on contiguous property used for farm or forestry uses.

Tasting room means a dedicated space for the education, samplings, and retail sales of beverages of a winery, cidery, or distillery operating in accordance with RCW 66.24. A tasting room may also include sales of related regional food and/or gift items. Tasting rooms shall be clearly incidental and subordinate to the primary operation of the associated winery, cidery or distillery as a production or manufacturing facility. The primary focus of the tasting room shall be public education and the marketing, and sale of the beverage produced or manufactured by the winery, cidery, or distillery.

Tasting room, remote means a tasting room associated with a licensed winery or cidery, licensed by the State of Washington, operating at a location separate from any of its own production or manufacturing sites in accordance with the standards set forth in RCW 66.24.

Temporary use means a use specified in section 17.03.180 requiring no permanent improvements and conducted for a limited duration.

Throughput transmission facility means any facility subject to the jurisdiction of the Energy Facility Site Evaluation Council pursuant to Chapter 80.50 RCW.

Tourist use, small-scale means an isolated use that relies on a rural location or setting and complies with the land use standards set forth in section 17.03.180.

Townhouse [means] a row of three (3) or more attached single family dwellings. Each unit has its own front entryway.

Tract means a parcel of land which is created for purposes of common ownership and use by two (2) or more property owners, an association or government entity and is reserved for specifically designated functions. Tracts shall be lettered A, B, C, etc.

Transom window means a window or series of windows placed above a beam separating a door and/or storefront windows. Transom windows are often placed above a canopy or marquee to emit extra daylight into a commercial space.

Trellis means a frame supporting open latticework used as a screen or a support for growing vines or plants.

Triplex means a dwelling unit, or portion thereof, designed for occupancy by three (3) families living independently of each other, doing their own cooking and containing three (3) dwelling units. Such dwelling units have a common roof or the dwelling units are joined by a common roof.

Use means the purpose or activity for which land or any structure thereon is designed, arranged, occupied or maintained.

Utilities, major means public facilities that serve a broad geographic area of the county. Major utilities include generating plants, privately owned refuse collection and transfer stations, processing, recycling or disposal facilities, electrical transmission substations, electrical and gas transmission lines, and similar facilities of public agencies or utilities. Major utilities do not include a throughput transmission facility or communication tower.

Utilities, minor means public facilities that serve a localized geographic area of the county. Minor utilities include utility facilities that are necessary to support established uses and involve only minor structures such as, telephone switching facilities, electrical distribution substations, electrical and gas distribution lines and pumphouses. Minor utilities do not include throughput transmission facilities or communication tower.

Vacation means the elimination of a subdivision or short subdivision or removal of lots or dedicated lands therefrom after recording of the final plat or short plat and after sale of any lots within the land division.

Vehicle includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, including bicycles and motorcycles. The term does not include devices other than bicycles moved by human or animal power or used exclusively upon stationary rails or tracks.

Vermicomposting means the controlled and managed process by which live worms convert organic residues into dark, fertile, granular excrement.

Vertical building modulation refers to the recess or projection of vertical walls of a building face and roofline, within specified intervals of building width and depth, as a means of breaking up the apparent bulk of a structure's continuous exterior walls.

Veterinary clinic means a facility operated by a veterinarian, who is licensed by the State of Washington, for the prevention, cure, or alleviation of disease and injury in animals.

Villa apartment means a multi-family building with the appearance of a large house, containing up to eight (8) units. The building has a central lobby that provides access to each individual unit. On-site open space is provided through individual patios in addition to the rear yard.

Warehouse means a building or portion of a building used for short-term storage in preparation for rerouting or reshipment, or used in connection with an industrial activity, where incoming and outgoing shipments are a continuing operation or a building or portion of a building used for long-term storage of items where incoming and outgoing traffic is intermittent and which requires minimal employee activity.

Water resource zone means an area of a site that is designed as a stormwater infiltration facility.

Whip antenna means an antenna that is cylindrical in shape up to twenty (20) feet in height.

Winery means an establishment licensed under RCW 66.24.170 by the State of Washington to manufacture or produce wine. Such facilities may include additional product-related uses such as vineyards, wine cellars or similar product-storage areas, tasting rooms, and sales as authorized by state law, and sales of merchandise related to products available for tours and tastings.

Winery, rural means winery permitted in the rural area in accordance with section 17.03.180DD.1.

Wireless communication antenna array includes one (1) or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency (RF) signals through electromagnetic energy. Wireless communication antenna array examples may include the omni-directional antenna (whip), a directional antenna (panel) and/or a parabolic antenna (dish).

Wireless communication facility means any unstaffed facility used for the transmission and/or reception of radio frequency (RF) signals through electromagnetic energy. This usually consists of an equipment shelter or cabinet, a support tower or structure used to achieve the necessary elevation, and the antenna array.

Wireless communication support structure means a structure specifically designed to support a wireless communication antenna array. This may include a mono-pole structure, lattice structure or building.

Withdrawal means the elimination of a subdivision or short subdivision after recording of the final plat or short plat before sale of any lots within the land division.

Yard means an open space, other than a court, on the lot on which a building is situated lying between the front, rear, or side wall of a building and the nearest lot line.

Yard, front means a yard abutting a street and measured at right angles to the front lot line from the nearest point on a building or structure.

Yard, rear means a yard measured at right angles to the rear lot line to the nearest point of a building or structure. On a through lot or corner lot, the rear yard shall be the yard opposite the front yard.

Yard, side means a yard between the front and rear yard measured at right angles from the side lot line to the nearest point of a building or structure.

Yard, street rear means on a through lot, a yard adjacent to a street and measured at right angles to the rear lot line from the nearest point on a building or structure.

Yard, street side means on a corner lot, a yard adjacent to a street between the front yard and the rear lot line measured at right angles from the side lot line to the nearest point of a building.

Zone means the zoning designation of a lot, parcel or tract shown in the Island County Zoning Atlas.

Zoning atlas^[5] means the official maps that depict the zone classifications established by the Zoning Code and the Freeland Zoning Code. The zoning atlas is maintained by the Planning Director.

(Ord. C-123-98 [PLG-037-98], September 29, 1998, vol. 43, p. 6; accepted by Res. C-133-98 [PLG-043-98], October 19, 1998, vol. 43, p. 38; amended by Ord. C-136-98 [PLG-042-98], November 9, 1998, vol. 43, p. 65; amended by Ord. C-63-99 (CD-01-99), June 21, 1999, vol. 43, p. 338; amended by Ord. C-100-99 [PLG-026-99], August 23, 1999, vol. 43, p. 442; amended by Ord. C-98-99 [PLG-025-99], October 4, 1999, vol. 44, p. 21; amended by Ord. C-122-99 [PLG-044-99], November 1, 1999, vol. 44, p. 79; amended by Ord. C-125-99 [PLG-031-99], December 6, 1999, vol. 44, p. 207; amended by Ord. C-124-99 [PLG-030-99], March 6, 2000, vol. 44, p. 326; amended by Ord. C-118-99 [PLG-001-99], March 20, 2000, vol. 44, p. 340; amended by Ord. C-135-99 [PLG-042-99], April 10, 2000, vol. 44, p. 389, amendment effective October 12, 2000 when the October 12, 2000 Growth Management Hearings Board Final Decision and Order, Case Number 98-2-0023c, approved the 5-acre minimum lot size in the Rural (R) Zone; amended by Ord. C-161-01 [PLG-021-01], January 7, 2002, vol. 46, p. 85; amended by Ord. C-93-02 [PLG-016-02], December 16, 2002, vol. 46, p. 411; amended by Ord. C-94-02 [PLG-017-02], December 16, 2002, vol. 46, p. 413; amended by Ord. C-41-04 (PLG-030-03), April 12, 2004, vol. 2004, p. 105; amended by Ord. C-48-04 (PLG-037-03), April 12, 2004, vol. 2004, p. 111; amended by Ord. C-85-05 [PLG-018-04], July 25, 2005, vol. 2005, p. 236; amended by Ord. C-97-06 [PLG-010-06], August 21, 2006, vol. 2006, p. 247; amended by Ord. C-87-07 [PLG-017-07], March 10, 2008, vol. 2008, p. 105; amended by Ord. C-102-09 [PLG-015-09], September 22, 2009, vol. 2009, p. 436; amended by Ord. C-157-09, January 4, 2010, vol. 2010, p. 2; amended by Ord. C-111-11 [PLG-009-11], November 14, 2011, vol. 2011, p. 210; amended by Ord. C-146-12 [PLG-009-12], December 18, 2012, vol. 2012, p. 202)

(Ord. No. C-40-14 [PLG-002-14], Exh. A, 5-5-2014; Ord. No. C-75-14 [PLG-006-14], Exh. E, 9-22-2014; Ord. C-140-16 [PLG-012-16], Exh. A, 12-13-2016; Ord. No. C-12-17 [PLG-001-17], Exh. A, 2-7-2017; Ord. No. C-86-18[PLG-005-18], Exh. A, 9-4-2018; Ord. No. C-127-18[PLG-008-18], Exh. A, 12-11-2018; Ord. No. C-49-19 [PLG-004-19], Exh. D, 6-18-2019; Ord. No. C-18-22 [PLG-002-21], Exh. A, 5-3-2022)

Editor's note— This section, as originally adopted, included a statement that capitalized words and phrases used to identify terms defined in this or other chapters. Because the capitalization convention was applied inconsistently throughout the Island County Code, and to be consistent with the conventions used by other state and local codes, defined terms are no longer capitalized in this Code. This change was authorized on February 26, 2015, pursuant to section 1.04.030.

A.

Establishment. Island County is hereby divided into zoning classifications of such number and character as are necessary to achieve compatible land uses within each zone and implement the comprehensive plan. For purposes of this chapter, zoning classifications shall be as follows: Rural (R), Rural Residential (RR), Rural Agriculture (RA), Commercial Agriculture (CA), Rural Forest (RF), Rural Center (RC), Rural Village (RV), Rural Service (RS), Airport (AP), Light Manufacturing (LM) and Special Review District (SD). Zoning classifications for the Freeland Non-Municipal Urban Growth Area are established in section 17.06.100.

B.

Scope. Within the zoning classifications established by this chapter, no building or structure shall be erected, reconstructed, altered, enlarged or relocated, no lot or parcel shall be created, used or developed and no building or structure shall be used except in compliance with this chapter.

C.

Maps of zoning classifications, shoreline environments and overlays.

1.

Zoning classifications established by this chapter are bounded and defined as shown on the official zoning maps contained in the zoning atlas ^[6] of Island County, which together with all explanatory materials contained thereon, are hereby made a part of this chapter. The zoning atlas shall also identify approved surface mining operations and lands that have been designated mineral lands of long term commercial significance.

2.

There shall be only one (1) official zoning atlas, in a eight and one-half by eleven (8½ × 11) format containing, at a scale of approximately one (1) inch = 400 feet, all of the official maps that depict and delineate zone classifications. The zoning atlas shall be maintained by the Planning Director and shall be modified promptly to reflect amendments enacted by the county pursuant to the procedures established in this chapter and chapter 16.19. Prior to the effective date of this chapter, one (1) copy of a series of maps at a scale of one (1) inch = 1,000 feet shall be filed with the Island County Auditor to illustrate the zoning atlas. Thereafter, an updated map shall be filed with the auditor annually.

3.

Specific source maps for zoning classifications include:

a.

Island County Soil Survey, Soil Conservation Service, (Scale one (1) inch = 2,640 feet), August, 1958, Agriculture.

b.

Productivity, Operability Overlay, Wash. State Department of Natural Resources, (Scale one (1) inch = 1,000 feet), prepared for Wash. Department of Revenue for private forest land grading to implement Chapter 187, Laws of 1974.

c.

1997 aerial photographs prepared by Walker and Associates.

4.

Certain areas have also been mapped as overlay zones. Generally, except for the potential UGA Expansion Area Overlay these areas are defined and regulated by chapter 17.02B. Shoreline areas are also subject to additional regulations and mapped shoreline environment designations. Uses in these areas are governed by chapter 17.05A.

5.

Designation criteria have been established for certain zone classifications. These written criteria control when there is a conflict between the criteria and the zone depicted in the zoning atlas.

D.

Interpretation of boundaries. The following rules shall be used to determine the precise location of any zone boundary shown on the official zoning map of Island County:

1.

Boundaries shown as following or approximately following the limits of any city or town shall be construed as following such limits.

2.

Boundaries shown as following or approximately following streets shall be construed to follow the centerlines of such streets.

3.

Boundary lines which follow or approximately follow platted lot lines, assessor's parcel property lines or other established property boundaries shall be construed as following such lines.

4.

Boundaries shown as following or approximately following section lines, half-section lines, or quarter-section lines shall be construed as following such lines.

5.

Boundaries shown as following or approximately following shorelines of any lakes or Puget Sound shall be construed to follow the mean high waterlines of such bodies of water, and, in the event of change in the mean high waterline, shall be construed as moving with the actual mean high waterline.

6.

Boundaries shown as following or approximately following the centerlines of streams, rivers, or other continuously flowing water courses shall be construed as following the channel centerline of such water courses taken at mean low water, and, in the event of a natural change in the location of such streams, rivers, or other water courses, the zone boundary shall be construed as moving with the channel centerline.

7.

Boundaries shown as separated from, and parallel or approximately parallel to, any of the features listed in paragraphs D.1. through 6. above shall be construed to be parallel to such features and at such distances therefrom as are shown on the map.

8.

Boundaries should be delineated to avoid dividing a lot or parcel into more than one (1) zone.

9.

Boundaries for airport and aircraft safety. All areas of a parcel located within an Aircraft Accident Potential Zone (APZ) shall be subject to the limitations imposed by this chapter.

E.

Conflict resolution. If any provision of this chapter conflicts with any other provision of this chapter or any other ordinance adopted by the Island County Board of Commissioners, the more stringent requirement, regulation, restriction standard or limitation shall apply.

F.

Prior approvals and pending applications for approval.

1.

Incomplete applications. All pending applications filed prior to the effective date of this chapter that have not been determined to be complete, shall comply with this chapter and titles 11 and 16 as amended.

2.

Complete applications. All pending applications filed prior to the effective date of this chapter that have been determined to be complete shall be processed under the critical areas ordinance in effect at the time, as modified by interim application procedures, and unamended titles 11 and 16.

3.

Applications granted preliminary approval. All site plan, PRD, and NR Floating Zone applications granted preliminary approval prior to the effective date of this chapter, shall be granted final approval, if final approval is required, upon compliance with conditions of preliminary approval and shall comply with unamended titles 11 and 16.

4.

Approved projects. Both projects and applications for site plan or NR Floating Zones granted final approval prior to the effective date shall comply with all conditions of approval, even if such conditions conflict with chapter 17.03 or 17.06, as applicable, or titles 11 and 16 as amended.

5.

Pending applications. At the request of the applicant, pending applications covered by subsection G.2. or 3., may be reviewed under chapter 17.03 or 17.06, as applicable, so long as the application complies with titles 11 and 16 as amended.

6.

Contract rezones and conditional uses. Existing buildings and existing uses established based on contract rezones or conditional use approval granted prior to January 1, 1985, shall comply with the provisions of section 17.03.230 or 17.06.250. All other contract rezones and conditional uses shall comply with chapter 17.03 or 17.06, as applicable.

7.

Transfer of development rights.

a.

Applications for use approval to establish a receiving property for transfer of development rights granted preliminary or final approval prior to the effective date of this chapter shall continue to be recognized provided the receiving property complies with chapter 17.02B.

b.

At the request of an owner, the county will approve the extinguishment, on a proportional basis, of a conservation easement associated with unused certificates of development rights.

(Ord. C-123-98 [PLG-037-98], September 29, 1998, vol. 43, p. 6; accepted by Res. C-133-98 [PLG-043-98], October 19, 1998, vol. 43, p. 38; amended by Ord. C-136-98 [PLG-042-98], November 9, 1998, vol. 43, p. 65; amended by Ord. C-93-99 [PLG-022-99], August 23, 1999, vol. 43, p. 427; amended by [Ord.] C-105-99 [PLG-034-99], September 27, 1999, vol. 44, p. 12; amended by Ord. C-87-07 [PLG-017-07], March 10, 2008, vol. 2008, p. 105)

(Ord. No. C-75-14 [PLG-006-14], Exh. E, 9-22-2014; Ord. No. C-86-17 [PLG-009-17], Exh. A, 8-15-2017; Ord. No. C-49-19 [PLG-004-19], Exh. D, 6-18-2019)

The Rural Zone is the principal land use classification for Island County. Limitations on density and uses are designed to provide for a variety of rural lifestyles and to ensure compatible uses.

A.

Designation criteria and areas. Parcels that meet the following criteria qualify as Rural land and shall be classified in the Rural classification:

1.

The lot, tract or parcel is unsuited for higher density residential development.

2.

The lot, tract or parcel is outside of UGAs and RAIDs.

3.

The lot, tract or parcel is predominantly defined by rural character.

4.

The lot, tract or parcel is a buffer between CA, RA or RF, and urban uses.

B.

Lot/density. Lot/density requirements shall be as follows:

1.

Minimum lot size shall be five (5) acres. Base density shall be one (1) dwelling unit per five (5) gross acres.

2.

Lot size averaging may be permitted for subdivisions or short subdivisions, that are ten (10) acres or larger in size, provided that no lot may be less than two and one-half (2½) acres in size; no more than three (3) lots may be created that are less than five (5) acres in size; and the average base density for the subdivision or short subdivision is not less than one (1) dwelling unit per five (5) gross acres.

3.

For lots, tracts or parcels twenty (20) acres or larger in size the base density may be increased as specified in section 17.03.180.E. through the approval of a PRD pursuant to chapter 16.17, with fractional units rounded upward to the next whole number.

4.

For a PRD located within the unincorporated portion of an urban growth area, the base density may be increased up to 200 percent.

5.

For lots legally created prior to or after effective date of this chapter, variations of ten (10) percent in the five (5) acre lot size may be allowed to account for special site features, unusual topography or similar factors that make strict adherence to minimum lot size impractical. Gross lot area shall include any land area that has been donated for public right-of-way or public open space.

6.

Existing lots with more than one (1) existing single family dwelling unit legally established prior to the effective date of this chapter, that are under ten (10) acres in size, may be divided so each dwelling unit is on a separate lot.

7.

A division of land into lots, tracts or parcels that are less than three (3) acres is permitted, when the lot(s) are or will be used for the purpose of establishing a site for construction and operation of consumer-owned or investor-owned electric utility facilities as they are defined in section 16.06.030.K. Divisions of lands fulfilling these requirements shall not be subject to the subdivision and short subdivision provisions of chapter 16.06 and shall be recorded in accordance with Chapter 58.09 RCW. Base density requirements shall continue to apply for purposes of residential development to any lots, tracts, or parcels created pursuant to this provision.

C.

Setbacks. Unless otherwise provided in this chapter, setback requirements shall be as follows:

1.

Setbacks for single family detached dwelling units, mobile/manufactured homes and accessory buildings are specified in section 17.03.180.S.

2.

For a PRD or site plan, the setback may be modified by the approving authority in its action on the PRD application, pursuant to section 17.03.180.S.

3.

For permitted or conditional uses adjacent to lands classified RA, CA, RF, AP or a surface mining operation:

a.

The setback requirements of this section may be increased to ensure that such uses do not interfere with permitted uses allowed in the RA, CA, RF, AP Zone or a surface mining operation; and

b.

A notation shall be placed on the face of any plat, short plat, PRD or building permit(s) and included in documents of conveyance and any recorded covenants as provided in chapter 16.25.

D.

Height. Maximum building height shall not exceed thirty-five (35) feet. Chimneys, smokestacks, fire or parapet walls, ADA-required elevator shafts, flagpoles, utility lines and poles, water tanks, skylights, silos, communication sending and receiving devices, HVAC and similar equipment, and spires associated with places of worship are exempt from height requirements.

(Ord. C-123-98 [PLG-037-98], September 29, 1998, vol. 43, p. 6; accepted by Res. C-133-98 [PLG-043-98], October 19, 1998, vol. 43, p. 8; amended by Ord. C-136-98 [PLG-042-98], November 9, 1998, vol. 43, p. 65; amended by Ord. C-63-99 (CD-01-99), June 21, 1999, vol. 43, p. 338; amended by Ord. C-134-99 [PLG-041-99], November 23, 1999, vol. 44, p. 185; amended by Ord. C-117-08 [PLG-016-08], November 10, 2008, vol. 2008, p. 387; amended by Ord. C-97-09 [PLG-014-09], September 14, 2009, vol. 2009, p. 415; amended by Ord. C-129-09 [PLG-018-09], November 16, 2009, vol. 2009, p. 521; amended by Ord. C-157-09, January 4, 2010, vol. 2010, p. 2)

(Ord. No. C-40-14 [PLG-002-14], Exh. A, 5-5-2014; Ord. C-140-16 [PLG-012-16], Exh. A, 12-13-2016; Ord. No. C-12-17 [PLG-001-17], Exh. A, 2-7-2017; Ord. No. C-86-18[PLG-005-18], Exh. A, 9-4-2018; Ord. No. C-127-18[PLG-008-18], Exh. A, 12-11-2018; Ord. No. C-53-19 [PLG-005-19], Exh. A, 6-25-2019)

The purpose of the Rural Residential Zone is to define the logical outer boundary of a pattern of development and density that is more intensive than the density permitted in the R Zone.

A.

Designation criteria and areas. Areas with a predominant pattern of development and density existing on July 1, 1990 that is greater than the base density permitted in the R Zone may be designated RR when the criteria set forth below are met. The areas designated Rural Residential are listed in section 17.03.075 and depicted in the zoning atlas. Specific conditions can be found in Appendix A.

1.

Subdivisions, short subdivisions and PRDs created prior to July 1, 1990:

a.

With an average lot size less than two and one-half (2.5) acres;

b.

That exceed ten (10) lots with water system hook-ups;

c.

If created prior to 1966 must be at least forty (40) percent developed and adjacent to higher density development.

2.

Subdivisions and short subdivisions created after July 1, 1990 may be included that are adjacent to areas defined by designation criterion 1 and form a logical outer boundary.

3.

Parcels may be included that are adjacent to or between areas defined by designation criterion 1. and 2., considering the need to preserve the character of existing natural neighborhoods and communities; physical boundaries such as roads, land forms and contours and water bodies; the need to prevent abnormally irregular boundaries; and, to use approved water and sewer service systems so that low density sprawl is avoided.

B.

Lot/density. Lot/density requirements shall be as follows:

1.

Base density, shall be the average of existing densities contained within the boundaries of the named area, as set forth in section 17.03.075.

2.

Minimum lot size shall be: as set forth in section 17.03.075 or the minimum lot size required by county health requirements, whichever is larger.

3.

Lot size averaging may be permitted for subdivisions or short subdivisions provided that the average density shall not exceed the base density established pursuant to subsection 1. above and the lot size shall not be less than the lot size required by county health requirements.

4.

A division of land into lots, tracts or parcels that are less than three (3) acres is permitted, when the lot(s) are or will be used for the purpose of establishing a site for construction and operation of consumer-owned or investor-owned electric utility facilities as they are defined in section 16.06.030.K. Divisions of lands fulfilling these requirements shall not be subject to the subdivision and short subdivision provisions of chapter 16.06 and shall be recorded in accordance with Chapter 58.09 RCW. Base density requirements shall continue to apply for purposes of residential development to any lots, tracts, or parcels created pursuant to this provision.

C.

Setbacks and lot dimensions. Unless otherwise provided in this chapter, setback requirements shall be as follows:

1.

Setbacks for single family detached dwelling units, mobile/manufactured homes, and accessory buildings are specified in section 17.03.180.S.

2.

Minimum lot width shall be sixty (60) feet.

3.

For permitted or conditional uses adjacent to lands classified RA, CA, RF, AP or a surface mining operation:

a.

The setback requirements of this section may be increased to ensure that such uses do not interfere with permitted uses allowed in the RA, CA, RF, AP Zone or a surface mining operation; and

b.

A notation shall be placed on the face of any plat, short plat, PRD or building permit(s) and included in documents of conveyance and any recorded covenants as provided in chapter 16.25.

D.

Height. Maximum building height shall not exceed thirty-five (35) feet. Chimneys, smokestacks, fire or parapet walls, ADA-required elevator shafts, flagpoles, utility lines and poles, water tanks, skylights, silos, communication sending and receiving devices, HVAC and similar equipment, and spires associated with places of worship are exempt from height requirements.

(Ord. C-123-98 [PLG-037-98], September 29, 1998, vol. 43, p. 6; accepted by Res. C-133-98 [PLG-043-98], October 19, 1998, vol. 43, p. 38; amended by Ord. C-136-98 [PLG-042-98], November 9, 1998, vol. 43, p. 65; amended by Ord. C-63-99 (CD-01-99), June 21, 1999, vol. 43, p. 338; amended by Ord. C-44-00 [PLG-011-00], June 5, 2000, vol. 44, p. 429, readopted June 19, 2000, vol. 44, p. 446; amended by Ord. C-86-05 [PLG-019-04], July 25, 2005, vol. 2005, p. 237; amended by Ord. C-117-08 [PLG-016-08], November 10, 2008, vol. 2008, p. 387; amended by Ord. C-97-09 (PLG-014-09), September 14, 2009, vol. 2009, p. 415; amended by Ord. C-129-09 [PLG-018-09], November 16, 2009, vol. 2009, p. 521)

(Ord. No. C-40-14 [PLG-002-14], Exh. A, 5-5-2014; Ord. C-140-16 [PLG-012-16], Exh. A, 12-13-2016; Ord. No. C-127-18[PLG-008-18], Exh. A, 12-11-2018; Ord. No. C-53-19 [PLG-005-19], Exh. A, 6-25-2019; Ord. No. C-18-22 [PLG-002-21], Exh. A, 5-3-2022)

The purpose of the Parks Zone is to implement the parks and recreation element of the Island County Comprehensive Plan. The zone is further intended to ensure the continued public provision of a variety of services, optimizing public investments, conserving recreation, critical areas and open space resources. Uses and activities allowed in the Parks Zone are intended to provide services and recreation opportunities for local residents as well as visitors to the county while preserving, promoting or enhancing natural lands, open spaces and critical areas.

A.

Designation criteria and areas. Parcels that meet the following criteria qualify as Park land and shall be classified in the Park classification:

1.

Existing or planned neighborhood and community parks.

2.

The lot, tract or parcel offers special natural resource-based recreational opportunities, such as: Federal, State and local regionally important parks and recreation areas, islands, federal wilderness areas, wildlife refuges, lakes, reservoirs, creeks, streams, river corridors, shorelines and areas with prominent views.

3.

The lot, tract or parcel contains significant historic, archaeological, scenic, cultural or unique natural features.

4.

The lot, tract or parcel contains significant natural processes, wetlands, tidal actions or unusual landscape features such as cliffs and bluffs.

B.

Lot/density. The minimum lot size shall be consistent with the area required to meet the building setbacks, lot coverage, open space and development standards of this zone.

C.

Setbacks. Setbacks shall be consistent for single family dwelling setback requirements specified in section 17.03.180.S. Setbacks may be increased by the director to ensure that permitted and conditional uses do not interfere with adjacent permitted uses.

D.

Height. Maximum building height shall not exceed thirty-five (35) feet. Chimneys, smokestacks, parapet walls, ADA required elevator shafts, flagpoles, utility lines and poles, water tanks, skylights shall not be included in the thirty-five (35) feet.

E.

Lot coverage. Impervious surface and building coverage for development in the Park Zone shall comply with the standards set forth in section 17.03.180.S.1. for non-residential uses in the R, RA, RF and CA Zones.

F.

Open space. At least seventy-five (75) percent of any parcel shall be utilized as open space.

G.

A landscape plan for all permitted, accessory, or conditional uses shall be submitted to the director for approval.

H.

The director may impose additional requirements as deemed necessary to ensure compatibility between any permitted, accessory, or conditional use.

(Ord. C-93-02 [PLG-016-02], December 16, 2002, vol. 46, p. 411)

(Ord. C-140-16 [PLG-012-16], Exh. A, 12-13-2016; Ord. No. C-127-18[PLG-008-18], Exh. A, 12-11-2018; Ord. No. C-49-19 [PLG-004-19], Exh. D, 6-18-2019; Ord. No. C-53-19 [PLG-005-19], Exh. A, 6-25-2019)

(Ord. C-123-98 [PLG-037-98], September 29, 1998, vol. 43, p. 6; accepted by Res. C-133-98 [PLG-043-98], October 19, 1998, vol. 43, p. 38; amended by Ord. C-95-99 [PLG-017-99], August 23, 1999, vol. 43, p. 440, effective November 23, 1999, upon the November 23, 1999 Growth Management Hearings Board Compliance Hearing Order, Case Number 98-2-0023c, with the exception of West Beach and Bayview RAIDs which are still subject to invalidity; amended by Ord. C-02-00 [PLG-003-00], February 7, 2000, vol. 44, p. 277, effective March 15, 2000, upon the March 15, 2000 Growth Management Hearings Board Compliance Order and Lifting of Invalidity on West Beach and Bayview RAIDs, Case Number 98-2-0023c; amended by Ord. C-50-00 [PLG-013-00], June 5, 2000, vol. 44, p. 435, effective June 30, 2000; amended by Ord. C-117-00 [ PLG-033-00], December 11, 2000, vol. 45, p. 114); Ord. No. C-49-19 [PLG-004-19], Exh. D, 6-18-2019)

_____

A.

As required by RCW 36.70A.110, and as provided for in countywide planning policies, urban growth areas and joint planning areas have been established with Oak Harbor, Coupeville and Langley and a non-municipal urban growth area (NMUGA) and a future planning area has been established at Freeland. These areas are depicted in the zoning atlas and Appendix B. ^[15]

B.

Municipal land use designations shall be shown in the zoning atlas as potential zones and these UGAs shall be referred to as municipal UGAs.

C.

For unincorporated land within a municipal UGA, specific development regulations for the UGA will be established by interlocal agreement between the county and each municipality. Until these agreements are adopted the following regulations shall apply into unincorporated land within municipal UGAs.

1.

On lots and parcels under twenty (20) acres, a land division or building permit application for residential uses may be made so long as the lot layout, location of streets, other improvements and building sites do not preclude future development consistent with the applicable potential zone. The application must be accompanied by a site plan showing ultimate development of the lot or parcel.

2.

All permitted or conditional uses allowed in the Rural Zone are authorized except the platting of parcels twenty (20) acres or larger for residential use shall occur only through the approval of a PRD pursuant to chapter 16.17. For such PRD approvals, the following special standards are applicable:

a.

Lot size shall not exceed 12,500 square feet or the minimum lot size required by County Health Department requirements.

b.

The standard density bonus shall be increased from 100 percent to 200 percent.

c.

The required open space will be treated as an urban reserve and may be developed at the density permitted by a city or town after annexation or at the densities permitted by the potential zone upon provision of municipal water and sewer services. Prior to transfer of title of any parcel or lot created by the PRD, the use of open space as urban reserve shall be disclosed to all purchasers of properties within the PRD.

(Ord. C-123-98 [PLG-037-98], September 29, 1998, vol. 43, p. 6; accepted by Res. C-133-98 [PLG-043-98], October 19, 1998, vol. 43, p. 38; amended by Ord. C-136-98 [PLG-042-98], November 9, 1998, vol. 43, p. 65)

(Ord. No. C-49-19 [PLG-004-19], Exh. D, 6-18-2019)

The purpose of the Oak Harbor Residential Zone (OH-R) is to provide for the residential development of the lands inside the City of Oak Harbor's Municipal Urban Growth Area at densities and uses that will provide for the efficient provision of municipal water and sewer services.

A.

Prohibited uses.

1.

Helipads; and

2.

Marijuana producer, processor and retailer as defined in this chapter and subject to section 17.03.180.BB.

B.

Designation criteria and areas.

1.

Areas within the designated boundaries of the Oak Harbor Municipal Urban Growth Area.

C.

Lot/density. Lot/density requirements shall be as follows:

1.

Base density, shall be one (1) d.u. per five (5) acres.

2.

A density of up to three (3) dwelling units per five (5) acres is allowed provided that the public sewer, water and stormwater facilities conforming to City of Oak Harbor utility plans and design standards are installed or, installation is secured by a bond or other form of approved security along the frontage of the portion of the property to be developed under this provision.

3.

For land divisions approved after the execution of the Oak Harbor Interlocal Agreement, lot sizes for single family detached dwellings shall be established pursuant to the potential municipal zoning classification except in no event shall lot size exceed 15,000 square feet and lot clustering shall be required when necessary to carry out this provision.

D.

Setbacks and lot dimensions. Setback requirements shall be as follows:

1.

Street or front yard: Twenty (20) feet;

2.

Side yard: Twelve (12) feet on one side and five (5) feet on the other side;

3.

Minimum side yard along the flanking street of a corner lot: Fifteen (15) feet;

4.

Rear yard: Twenty (20) feet.

E.

Maximum height. Maximum height shall be thirty (30) feet.

(Ord. C-122-99 [PLG-044-99], November 1, 1999, vol. 44, p. 79)

(Ord. No. C-40-14 [PLG-002-14], Exh. A, 5-5-2014; Ord. No. C-53-19 [PLG-005-19], Exh. A, 6-25-2019)

The OH-I district is intended to accommodate certain industrial structures and uses having physical and operational characteristics, which might adversely affect adjoining residential and commercial uses. Regulations are designed to permit those industrial uses that can be operated in a clean, quiet and safe manner compatible with adjoining land uses.

A.

Prohibited uses. No building, structure or premise or a portion thereof, established after the effective date of this chapter, shall be used for human habitation, permanent, transient or temporary except as quarters for a caretaker, guard or other person whose permanent residency on the premises is required for operational safety or protective purposes.

B.

Designation criteria and areas. Areas designated potential industrial on the Island County Future Land Use Map. Specific areas are also designated as Industrial on the 1998 Oak Harbor Comprehensive Plan Land Use Element Map.

C.

Lot/density. Lot size requirements shall be the minimum lot size required by County Health Department requirements.

D.

Setback and height. Setback and height requirements shall be as follows:

1.

Minimum lot area: No limitation.

2.

Minimum lot width: No limitation.

3.

Minimum lot depth: No limitation.

4.

Minimum front yard: Thirty-five (35) feet.

5.

Minimum side yard: No limitation, except when abutting a residentially zoned property then ten (10) feet each. For corner lots, a side yard abutting a public street shall be thirty-five (35) feet except that the director may approve a setback reduction of not less than twenty (20) feet or the established building line on adjoining property, whichever is greater.

6.

Minimum rear yard: No limitation except when abutting a public street, then thirty-five (35) feet.

7.

Maximum building height: Thirty-five (35) feet.

8.

Maximum lot coverage: No limitation.

E.

Land use standards. All projects shall comply with applicable use standards of section 17.03.180 unless modified by this section; critical area standards, chapter 17.02B; and Island County AICUZ Standards.

(Ord. C-122-99 [PLG-044-99], November 1, 1999, vol. 44, p. 79; amended by Ord. C-157-09, January 4, 2010, vol. 2010, p. 2)

(Ord. No. C-40-14 [PLG-002-14], Exh. A, 5-5-2014; Ord. No. C-75-14 [PLG-006-14], Exh. E, 9-22-2014; Ord. No. C-86-17 [PLG-009-17], Exh. A, 8-15-2017; Ord. No. C-53-19 [PLG-005-19], Exh. A, 6-25-2019)

The Highway Service Commercial Zone (OH-HSC) is intended to permit the establishment of facilities within the Oak Harbor Municipal Urban Growth Area oriented toward uses dependent upon highway location. It is intended that such districts should be placed at locations providing the highest degree of usefulness to the traveling public and maintain an attractive, functional and safe highway corridor within the Oak Harbor UGA.

A.

Prohibited uses.

1.

Junk and salvage yards;

2.

Single family dwelling units.

B.

Designation criteria and areas. Areas designated as potential industrial lands on the Island County Future Land Use Map in the Oak Harbor UGA. Specific areas are also designated as Highway Service Commercial on the 1998 Oak Harbor Comprehensive Plan Land Use Element Map.

C.

Lot/density. Minimum lot size shall be the minimum lot size required by County Health Department requirements provided that no residence for a caretaker, guard or other person whose permanent residency on the premises is required for operational safety of protective purposes shall be erected, maintained or enlarged on a lot which is less than 6,000 square feet.

D.

Setbacks and heights. Setback and height requirements shall be as follows:

1.

Front setback shall be thirty-five (35) feet.

2.

There is no side setback except as follows:

3.

Along side lot lines abutting residentially zoned property there shall be a ten-foot setback.

4.

For corner lots the side setback shall be fifteen (15) feet unless modified by section 17.03.180.S.6.

5.

There is no minimum rear setback except where abutting a street. In the case of a lot where the rear lot line abuts a street the rear setback shall be fifteen (15) feet.

6.

Maximum building height shall be thirty-five (35) feet.

7.

There is no restriction as to the amount of lot which may be covered.

E.

Land use standards. All projects shall comply with applicable use standards of section 17.03.180 unless modified by this section; critical area standards, chapter 17.02B; and Island County AICUZ Standards.

(Ord. C-122-99 [PLG-044-99], November 1, 1999, vol. 44, p. 79)

(Ord. No. C-75-14 [PLG-006-14], Exh. E, 9-22-2014; Ord. No. C-86-17 [PLG-009-17], Exh. A, 8-15-2017; Ord. No. C-53-19 [PLG-005-19], Exh. A, 6-25-2019)

The purpose and intent of the Planned Business Park is to:

1.

Allow the development of larger-scaled master planned developments related to businesses;

2.

Preserve or create environmental amenities superior to those generally found in conventional developments;

3.

Encourage comprehensive planning of large business park sites in order to create a park like environment;

4.

Preserve to the greatest possible extent the natural characteristics of the land, including topography, significant natural vegetation, waterways, views, etc.;

5.

Establish development standards which provide compatibility with surrounding residential, commercial or other developments and offer protection from blight;

6.

Provide for maximum efficiency in the layout of streets, utility networks, open space, landscaping requirements and other public improvements;

7.

Provide a guide for developers, county and city officials and the Planning Commission in meeting the purpose and provisions of this section.

A.

Uses not shown in Table 17.03.035.D. Uses similar to, or related to, or compatible with those listed or described in Table 17.03.035.D are permitted upon a finding by the Planning Director that a proposed use does not conflict with the intent of this section or the policies of the Oak Harbor Comprehensive Plan. The criteria for such finding of similarity, relationship or compatibility shall include, but is not limited to the following:

1.

The proposed use will not unreasonably adversely impact surrounding uses;

2.

The development standards for permitted uses can be met by the proposed use; and

3.

Impacts, such as traffic, noise and air quality will not be significantly different than those generated by permitted uses.

B.

Prohibited uses.

1.

All uses or activities which would require extraordinary equipment, devices or technology for the control of odors, dust, fumes, smoke, noise or other wastes and/or byproducts which, if uncontrolled, would contaminate the environment to a degree unacceptable by contemporary community standards; or which would exceed the acceptable limits established by competent and recognized public and quasi-public agencies for the protection of industrial and/or environmental health. Such uses include, but are not limited to the following:

a.

Manufacturing involving outdoor storage;

b.

Manufacture or storage of explosives;

c.

Stockyards, dairies, slaughterhouses, rendering plants, canneries, breweries, wineries and other agricultural industries;

d.

Petroleum refineries;

e.

Bulk fuel storage, unless stored in tanks and accessory to a permitted use occur on the same lot;

f.

Truck parking, repair and maintenance unless accessory to a permitted use located on the same lot;

g.

Cement manufacturing;

h.

Blast furnaces;

i.

Smelting;

j.

Drop forge industries;

k.

Fertilizer manufacture;

l.

Sanitary landfills;

m.

Waste to energy facilities;

n.

Solid waste transfer stations;

o.

Sewage treatment plants;

p.

Lumber, pulp or paper mills;

q.

Cargo container storage; and

r.

Asphalt or concrete batch plant.

2.

Single family or multi-family residences.

C.

Lot/density. Lot densities shall be as follows:

1.

Minimum site acreage for the development of a new Planned Business Park district—Twenty (20) acres.

2.

Minimum area for an existing lot or for a lot within a Planned Business Park plat district—Two and one-half (2.5) acres unless, as provided in a binding site plan, it may be less.

3.

Minimum lot width—100 feet.

4.

Minimum lot depth—200 feet.

5.

Minimum area for a subdivision plat is ten (10) acres which must be coordinated with the surrounding properties such as circulation, access, pedestrian and bike paths.

D.

Building setbacks, building heights and site coverage. In a Planned Business Park district, all buildings and structures, except for fencing, shall meet the following minimum setback requirements:

1.

Front yard—Thirty (30) feet. In cases where no parking or service occurs between the face of the building and the street, the front yard may be reduced to fifteen (15) feet.

2.

Interior side yards—Fifteen (15) feet or zero (0) as established by master plan.

3.

Corner lot abutting a street—Thirty (30) feet. In cases where no parking or service occurs between the face of the building and the street, the side yard may be reduced to twenty (20) feet.

4.

Rear yard, fifteen (15) feet or zero (0) as established by master plan.

5.

When abutting any residential zoned property or any area planned for residential uses under the Oak Harbor Comprehensive Plan, the minimum setback shall be fifty (50) feet.

6.

Permitted building height is determined by the distance the building is separated from any Residential Zone, or from any area designated in the Oak Harbor Comprehensive Plan for residential uses, as follow:

a.

Less than 100 feet—Thirty-five (35) feet in height.

b.

One hundred one (101) feet and above—Fifty (50) feet in height.

c.

Two hundred (200) feet and above—Sixty-five (65) feet in height.

7.

The maximum building coverage shall not exceed forty (40) percent of the total lot area.

E.

Designation criteria. Areas designated as potential industrial lands on the Island County Future Land Use Map in the Goldie Road area of the Oak Harbor Joint Planning Area are designated as Planned Business Park on the 1998 Oak Harbor Comprehensive Plan Land Use Element Map.

F.

Loading areas.

1.

Truck loading and maneuvering areas shall not be located within the required building setback areas.

2.

Truck loading and unloading shall not be permitted on streets.

3.

Truck loading and unloading areas, parking and maneuvering areas shall be screened by a sign-obscuring fence eight (8) feet in height, except when stored materials cannot be seen from any public roadway or from surrounding properties.

G.

Land use standards. All projects shall comply with applicable use standards of section 17.03.180 unless modified by this section; critical area standards, chapter 17.02B; and Island County AICUZ Standards.

(Ord. C-122-99 [PLG-044-99], November 1, 1999, vol. 44, p. 79)

(Ord. C-75-14 [PLG-006-14], Exh. E, 9-22-2014; Ord. No. C-86-17 [PLG-009-17], Exh. A, 8-15-2017; Ord. No. C-53-19 [PLG-005-19], Exh. A, 6-25-2019)

The purpose of the Urban Growth Area—Langley Zone (UGA-L) is to provide for the development of the lands inside the City of Langley's Municipal Urban Growth Area at densities and uses that will provide for the efficient provision of municipal water and sewer services.

A.

Prohibited uses.

1.

Helipads; and

2.

Marijuana producer, processor and retailer as defined in this chapter and subject to section 17.03.180.BB.

B.

Designation criteria and areas. Areas within the designated boundaries of the Langley Municipal Urban Growth Area.

C.

Lot/density. Lot/density requirements shall be as follows:

1.

Base density, shall be one (1) dwelling unit (d.u.) per five (5) acres;

2.

A density of up to three (3) dwelling units per five (5) acres is allowed provided that the public sewer, water and stormwater facilities conforming to City of Langley utility plans and design standards are installed or, installation is secured by a bond or other form of approved security along the frontage of the portion of the property to be developed under this provision; and

3.

For land divisions approved after the execution of the Langley Interlocal Agreement, lot sizes for single family detached dwellings shall be established pursuant to the potential municipal zoning classification except in no event shall lot size exceed 15,000 square feet and lot clustering shall be required when necessary to carry out this provision.

D.

Setbacks and lot dimensions. Setback requirements shall be as follows:

1.

Street or front yard: Twenty (20) feet;

2.

Side yard: Five (5) feet on each side; and

3.

Rear yard: Twenty-five (25) feet.

E.

Maximum height. Maximum height shall be thirty (30) feet. The maximum height for accessory structures shall be fifteen (15) feet.

(Ord. C-100-99 [PLG-026-99], August 23, 1999, vol. 43, p. 442)

(Ord. No. C-40-14 [PLG-002-14], Exh. A, 5-5-2014; Ord. No. C-53-19 [PLG-005-19], Exh. A, 6-25-2019)

The purpose and intent of the OH-PIP is to:

1.

Encourage comprehensive planning of large industrial sites in order to create a park-like environment;

2.

Preserve or create environmental amenities superior to those generally found in conventional industrial developments;

3.

Preserve to the greatest possible extent the natural characteristics of the land, including topography, a portion of significant natural vegetation, waterways, views, etc.;

4.

Establish development standards which provide compatibility with surrounding residential, commercial or other developments and offer protection from industrial blight;

5.

Provide for maximum efficiency in the layout of streets, utility networks, open space, landscaping requirements and other public improvements;

6.

Provide a guide for developers and city officials in meeting the purpose and provisions of this section.

A.

Uses not shown in Table 17.03.035.D. Uses similar to, or related to, or compatible with those listed or described in Table 17.03.035.D are permitted upon a finding by the Planning Director that a proposed use does not conflict with the intent of this section or the policies of the Oak Harbor Comprehensive Plan. The criteria for such finding of similarity, relationship or compatibility shall include, but not be limited to the following:

1.

The proposed use will not unreasonably adversely impact surrounding uses;

2.

The development standards for permitted uses can be met by the proposed use; and

3.

Impacts, such as traffic, noise and air quality will not be significantly different than those generated by permitted uses.

B.

Prohibited uses.

1.

All uses or activities which would require extraordinary equipment, devices or technology for the control of odors, dust, fumes, smoke, noise or other wastes and/or byproducts which, if uncontrolled, would contaminate the environment to a degree unacceptable by contemporary community standards; or which would exceed the acceptable limits established by competent and recognized public and quasi-public agencies for the protection of industrial and/or environmental health. Such uses include but are not limited to the following:

a.

Manufacture or storage of explosives;

b.

Stockyards, dairies, slaughterhouses, rendering plants, canneries, breweries, wineries and other agricultural industries;

c.

Petroleum refineries;

d.

Cement manufacturing;

e.

Blast furnaces;

f.

Smelting;

g.

Drop forge industries;

h.

Sanitary landfills;

i.

Waste to energy facilities;

j.

Sewage treatment plants; and

k.

Lumber, pulp or paper mills.

2.

Single family or multi-family residences.

C.

Designation criteria and areas. Areas designated as potential industrial on the Island County Future Land Use Map in the Goldie Road area of the Oak Harbor Joint Planning Area. Specific areas depicted in the Future Land Use Map as Light Industrial - PIP and zoning atlas as UGAI classified lands.

D.

Lot/density and setback.

1.

In a Planned Industrial Park district, the following minimum site requirements shall apply:

a.

Minimum site area for the development of a new Planned Industrial Park plat—Five (5) acres.

b.

Minimum lot area—20,000 square feet, except where there is a binding site plan.

c.

Minimum lot width—100 feet.

d.

Minimum lot depth—100 feet.

2.

The maximum building coverage shall not exceed forty (40) percent of the total lot area.

3.

In a Planned Industrial Park district, all buildings and structures, except for fencing, shall meet the following minimum setback requirements:

a.

Front yard—Thirty (30) feet. In cases where no parking or service occurs between the face of the building and the street, the front yard may be reduced to twenty (20) feet.

b.

Interior side yards—Fifteen (15) feet.

c.

Corner lot side yard abutting a street—Thirty (30) feet. In cases where no parking or service occurs between the face of the building and the street, the side yard may be reduced to fifteen (15) feet.

d.

Rear yard—Fifteen (15) feet.

e.

When abutting any residential-zoned property or any area planned for residential uses under the Oak Harbor Comprehensive Plan, the minimum setback shall be fifty (50) feet.

f.

Parking is allowed in setbacks.

E.

Building heights. Permitted building height is determined by the distance the building is separated from any Residential Zone, or from any area designated in the zoning atlas or adopted future land use map for residential uses, as follows:

1.

Less than 100 feet—Thirty-five (35) feet in height;

2.

One hundred one (101) feet and above—Fifty (50) feet in height + ten (10) feet for mechanical equipment; and

3.

Two hundred feet (200) and above—Sixty-five (65) feet in height + ten (10) feet for mechanical equipment.

F.

Outdoor storage.

1.

Outdoor storage shall not be allowed within the required building setback areas.

2.

All outdoor storage areas shall not be visible from public rights-of-way or private streets.

3.

All outdoor storage areas shall be screened from public view through landscaping, walls, and/or fencing.

4.

In no event shall materials be stacked or stored higher or to exceed the height of the screening wall or fence, eight (8) feet maximum.

G.

Land use standards. All projects shall comply with applicable use standards of section 17.03.180 unless modified by this section; Critical area standards, chapter 17.02B; and Island County AICUZ Standards.

(Ord. C-122-99 [PLG-044-99], November 1, 1999, vol. 44, p. 79; amended by Ord. C-157-09, January 4, 2010, vol. 2010, p. 2)

(Ord. No. C-40-14 [PLG-002-14], Exh. A, 5-5-2014; Ord. No. C-75-14 [PLG-006-14], Exh. E, 9-22-2014; Ord. No. C-86-17 [PLG-009-17], Exh. A, 8-15-2017; Ord. No. C-53-19 [PLG-005-19], Exh. A, 6-25-2019)

The primary purpose of the Rural Agriculture (RA) Zone is to protect and encourage the long term productive use of Island County's agricultural land resources of local importance. It is established to identify geographic areas where commercial farming practices can be conducted in an efficient and effective manner; and to help maximize the productivity of the lands so classified. Secondarily, lands classified RA provide scenic open space, wildlife habitat and watershed management to the extent such use is consistent with the primary purposes of the zone.

A.

Designation criteria. Parcels that meet the following criteria qualify as Rural Agricultural land and shall be classified in the Rural Agricultural classification:

1.

The lot tract or parcel is at least ten (10) acres; or smaller contiguous lots owned by the same owner that, in combination, are at least ten (10) acres in size;

2.

The lot, tract or parcel was classified in the open agricultural tax classification or, if withdrawn, all taxes, interest and penalties were not paid in full as of June 2, 1999; and

3.

The lot, tract or parcel is not classified CA or located in a UGA or RAID.

B.

Lot/density. Lot or density requirements shall be as follows:

1.

Minimum lot size shall be ten (10) acres. Base density shall be one (1) dwelling unit per ten (10) gross acres of site area.

2.

For a PRD ten (10) acres or larger in size, the minimum lot size may be modified to an average density of one (1) dwelling unit per ten (10) gross acres of site area.

3.

Earned development units may be used, lot size may be decreased and density may be increased pursuant to an adopted management plan by boundary line adjustment, short subdivision, subdivision or PRD.

4.

For legally created existing lots, each lot may be sold, leased or transferred. Provided that, said lot, if it still meets the designation criteria set forth in section 17.03.090.C., said lot shall continue to be used for RA permitted or conditional uses.

5.

The lot size limitation set forth above shall not apply when:

a.

The new lot is to be sold, exchanged or transferred through a boundary line adjustment pursuant to chapter 16.06 to an adjacent RF, CA or RA property owner who will continue to maintain permitted and conditional uses; or

b.

An existing lot is proposed to be modified through a boundary line adjustment and will not subsequently be further modified in size or used in combination with unregulated subdivision such that new lots are created that are less than the required minimum lot size.

6.

For lots created pursuant to this section, a notation advising of the lot creation in compliance with chapter 16.25 will be recorded and placed on the face of the boundary line adjustment, short plat, plat, or PRD.

7.

A division of land into lots, tracts or parcels that are less than three (3) acres is permitted, when the lot(s) are or will be used for the purpose of establishing a site for construction and operation of consumer-owned or investor-owned electric utility facilities as they are defined in section 16.06.030.K. Divisions of lands fulfilling these requirements shall not be subject to the subdivision and short subdivision provisions of chapter 16.06 and shall be recorded in accordance with Chapter 58.09 RCW. Base density requirements shall continue to apply for purposes of residential development to any lots, tracts, or parcels created pursuant to this provision.

C.

Setbacks. Unless otherwise provided in this chapter, setback requirements shall be as follows:

1.

Setbacks are specified in section 17.03.180.S.

2.

Reduced setbacks may be approved when necessary to minimize impact on resource land pursuant to section 17.03.180.S.

3.

For permitted or conditional uses adjacent to lands classified AP or a surface mining operation:

a.

The setback requirements of this section may be increased to ensure that such uses do not interfere with permitted uses allowed in the AP Zone or a surface mining operation; and

b.

A notation shall be placed on the face of any plat, short plat, PRD or building permit(s) and included in documents of conveyance and any recorded covenants as provided in chapter 16.25.

D.

Height. Maximum building height shall not exceed thirty-five (35) feet. Chimneys, smokestacks, fire or parapet walls, ADA-required elevator shafts, flagpoles, utility lines and poles, water tanks, skylights, silos, communication sending and receiving devices, HVAC and similar equipment, and spires associated with places of worship are exempt from height requirements.

(Ord. C-123-98 [PLG-037-98], September 29, 1998, vol. 43, p. 6; accepted by Res. C-133-98 [PLG-043-98], October 19, 1998, vol. 43, p. 38; amended by Ord. C-63-99 (CD-01-99), June 21, 1999, vol. 43, p. 338; amended by [Ord.] C-105-99 [PLG-034-99], September 27, 1999, vol. 44, p. 12, amendment to 17.03.090.B.3 and 4, 17.03.090.C.1, 2 and 3, 17.03.090.D.1 and 2, and 17.03.090.B.1.g) and G. effective November 23, 1999, when the November 23, 1999 Growth Management Hearings Board Compliance Hearing Order, Case Number 98-2-0023c, found compliance with the GMA in the Rural Agriculture Zone; amended by Ord. C-44-00 [PLG-011-00], June 5, 2000, vol. 44, p. 429, readopted June 19, 2000, vol. 44, p. 446; amended by Ord. C-94-02 [PLG-017-02], December 16, 2002, vol. 46, p. 413; amended by Ord. C-117-08 [PLG-016-08], November 10, 2008, vol. 2008, p. 387; amended by Ord. C-97-09 [PLG-014-09], September 14, 2009, vol. 2009, p. 415; amended by Ord. C-129-09 [PLG-018-09], November 16, 2009, vol. 2009, p. 521; amended by Ord. C-130-09 [PLG-020-09], November 16, 2009, vol. 2009, p. 522)

(Ord. No. C-40-14 [PLG-002-14], Exh. A, 5-5-2014; Ord. C-140-16 [PLG-012-16], Exh. A, 12-13-2016; Ord. No. C-86-18[PLG-005-18], Exh. A, 9-4-2018; Ord. No. C-127-18[PLG-008-18], Exh. A, 12-11-2018; Ord. No. C-53-19 [PLG-005-19], Exh. A, 6-25-2019)

The primary purpose of the Commercial Agriculture (CA) Zone is to protect and encourage the long term commercially productive use of Island County's agricultural resource lands of long term commercial significance that have been designated pursuant to RCW 36.70A.170. It is established to identify geographic areas where a combination of soil, and topography allow commercial farming practices to be conducted in an efficient and effective manner; to help maximize the productivity of the lands so classified; to protect farming operations from interference by non-farmers; and to maintain agricultural land areas for agriculture use free from conflicting non-farm uses. Otherwise, the purposes of the zoning classification are the same as the RA Zone.

A.

Designation criteria. Parcels that meet the following criteria qualify as resource agricultural land and shall be classified in the Commercial Agriculture classification:

1.

The lot, tract or parcel is at least twenty (20) acres in size or smaller contiguous lots owned by the same owner that, in combination, are at least twenty (20) acres in size; and

2.

At least twenty-five (25) percent of the lot, tract or parcel is composed of prime soils; and

3.

The lot, tract or parcel as of June 2, 1999, is classified in the open agriculture tax program or if withdrawn, all taxes, interest and penalties were not paid in full as of June 2, 1999; and

4.

The lot, tract or parcel is not located within a drainage or diking district or otherwise protected by dikes, UGA, RAID, state park or owned by the Navy.

B.

Lot/density.

1.

Minimum lot size shall be twenty (20) acres. Base density shall be one (1) dwelling unit per twenty (20) acres of gross site area.

2.

For a PRD twenty (20) acres or larger in size, the minimum lot size may be modified to an average density of one (1) dwelling unit per twenty (20) gross acres of site area.

3.

Earned development units may be used, lot size may be decreased and density may be increased pursuant to an adopted management plan by boundary line adjustment, short subdivision, subdivision or PRD.

4.

For legally created existing lots, each lot may be sold, leased or transferred. Provided that, if it still meets designation criteria set forth in section 17.03.100.D., said lot shall continue to be used for CA permitted or conditional uses.

5.

The lot size limitation set forth above shall not apply when:

a.

The new lot is to be sold, exchanged or transferred through boundary line adjustment pursuant to chapter 16.06 to an adjacent RF, CA or RA property owner who will continue to maintain permitted or conditional uses; or

b.

An existing lot is proposed to be modified through a boundary line adjustment and will not subsequently be further modified in size or used in combination with unregulated subdivision such that new lots are created that are less than the required minimum lot size.

6.

For lots created pursuant to this section, a notation advising of the lot creation in compliance with chapter 16.25 will be recorded and placed on the face of the boundary line adjustment, short plat, plat, or PRD.

7.

A division of land into lots, tracts or parcels that are less than three (3) acres is permitted, when the lot(s) are or will be used for the purpose of establishing a site for construction and operation of consumer-owned or investor-owned electric utility facilities as they are defined in section 16.06.030.K. Divisions of lands fulfilling these requirements shall not be subject to the subdivision and short subdivision provisions of chapter 16.06 and shall be recorded in accordance with Chapter 58.09 RCW. Base density requirements shall continue to apply for purposes of residential development to any lots, tracts, or parcels created pursuant to this provision.

C.

Setbacks.

1.

Setbacks are specified in section 17.03.180.S.

2.

Reduced setbacks may be approved when necessary to minimize impact on resource land pursuant to section 17.03.180.S.

3.

For permitted or conditional uses adjacent to lands classified AP or a surface mining operation:

a.

The setback requirements of this section may be increased to ensure that such uses do not interfere with permitted uses allowed in the AP Zone or a surface mining operation; and

b.

A notation shall be placed on the face of any plat, short plat, PRD or building permit(s) and included in documents of conveyance and any recorded covenants as provided in chapter 16.25.

D.

Height. Maximum building height shall not exceed thirty-five (35) feet. Chimneys, smokestacks, fire or parapet walls, ADA-required elevator shafts, flagpoles, utility lines and poles, water tanks, skylights, silos, communication sending and receiving devices, HVAC and similar equipment, and spires associated with places of worship are exempt from height requirements.

(Ord. C-123-98 [PLG-037-98], September 29, 1998, vol. 43, p. 6; accepted by Res. C-133-98 [PLG-043-98], October 19, 1998, vol. 43, p. 38; amended by Ord. C-63-99 (CD-01-99), June 21, 1999, vol. 43, p. 338; amended by [Ord.] C-105-99 [PLG-034-99], September 27, 1999, vol. 44, p. 12; amended by Ord. C-98-99 [PLG-025-99], October 4, 1999, vol. 44, p. 21; amended by Ord. C-44-00 [PLG-011-00], June 5, 2000, vol. 44, p. 429, readopted June 19, 2000, vol. 44, p. 446; amended by Ord. C-117-08 [PLG-016-08], November 10, 2008, vol. 2008, p. 387; amended by Ord. C-97-09 [PLG-014-09], September 14, 2009, vol. 2009, p. 415; amended by Ord. C-129-09 [PLG-018-09], November 16, 2009, vol. 2009, p. 521; amended by Ord. No. C-40-14 [PLG-002-14], Exh. A, 5-5-2014)

(Ord. No. C-43-16[PLG-002-16], Exh. A, 5-3-2016; Ord. No. C-86-18[PLG-005-18], Exh. A, 9-4-2018; Ord. No. C-127-18[PLG-008-18], Exh. A, 12-11-2018; Ord. No. C-53-19 [PLG-005-19], Exh. A, 6-25-2019)

Editor's note— Section 17.03.100.A.22, "Events deemed a Type I land use decision in section 17.03.180.EE" was renumbered by the Code Reviser to correctly read section 17.03.100.A.22, and not section 17.03.100.A.19, as set in Ord. No. C-127-18.

The primary purpose of the Rural Forest (RF) Zone is to protect and encourage the long term productive use of Island County's forest land resources of local significance. It is established to identify geographical areas where commercial forest management practices can be conducted in an efficient manner; and to help maximize the productivity of the land so classified. Secondarily, lands classified RF provide recreation opportunities, scenic open space, wildlife habitat and watershed management to the extent such use is consistent with the primary purposes of the zone.

A.

Designation criteria. Parcels that meet the following criteria qualify as rural forest land and shall be classified in the Rural Forest classification:

1.

The lot, tract or parcel is at least twenty (20) acres in size, owned by the county, state or federal government and managed for forest use; or

2.

The lot tract or parcel is in a single ownership of at least twenty (20) acres; or smaller contiguous lots owned by the same owner that, in combination, are at least twenty (20) acres in size; and

3.

The lot, tract or parcel was classified in the classified or designated forest tax classification, or, if withdrawn, all taxes, interest and penalties were not paid in full as of the effective date of this chapter.

B.

Lot/density. Lot requirements shall be as follows:

1.

Minimum tract or parcel size shall be ten (10) acres. Base density shall be one (1) dwelling unit per ten (10) gross acres of site.

2.

For lots, tracts or parcels twenty (20) acres or larger in size the base density may be increased as specified in section 17.03.180.E. through the approval of a PRD pursuant to chapter 16.17 with fractional units rounded upward to the next whole number.

3.

For legally created existing lots, each lot, may be sold or transferred. Provided that, if it still meets the designation criteria set forth in section 17.03.110.C., said lot shall continue to be used for RF permitted or conditional uses.

4.

The lot size limitation set forth above shall not apply when:

a.

The new lot is to be sold, exchanged or transferred through boundary line adjustment pursuant to chapter 16.06 to an adjacent RF, CA or RA property owner who will continue to maintain permitted or conditional uses; or

b.

An existing lot is proposed to be modified through a boundary line adjustment and will not subsequently be further modified in size or used in combination with unregulated subdivision such that new lots are created that are less than the required minimum lot size.

5.

For lots created pursuant to this section, a notation advising of the lot creation in compliance with chapter 16.25 will be recorded and placed on the face of the boundary line adjustment, short plat, plat, or PRD.

6.

A division of land into lots, tracts or parcels that are less than three (3) acres is permitted, when the lot(s) are or will be used for the purpose of establishing a site for construction and operation of consumer-owned or investor-owned electric utility facilities as they are defined in section 16.06.030.K. Divisions of lands fulfilling these requirements shall not be subject to the subdivision and short subdivision provisions of chapter 16.06 and shall be recorded in accordance with Chapter 58.09 RCW. Base density requirements shall continue to apply for purposes of residential development to any lots, tracts, or parcels created pursuant to this provision.

C.

Setbacks. Unless otherwise provided in this chapter, setback requirements shall be as follows:

1.

Setbacks are specified in section 17.03.180.S.

2.

Reduced setbacks may be approved when necessary to minimize impact on resource land pursuant to section 17.03.180.S.

3.

For permitted or conditional uses adjacent to lands classified AP or a surface mining operation:

a.

The setback requirements of this section may be increased to ensure that such uses do not interfere with permitted uses allowed in the AP Zone or a surface mining operation; and

b.

A notation shall be placed on the face of any plat, short plat, PRD or building permit(s) and included in documents of conveyance and any recorded covenants as provided in chapter 16.25.

D.

Height. Maximum building height shall not exceed thirty-five (35) feet. Chimneys, smokestacks, fire or parapet walls, ADA-required elevator shafts, flagpoles, utility lines and poles, water tanks, skylights, silos, communication sending and receiving devices, HVAC and similar equipment, and spires associated with places of worship are exempt from height requirements.

(Ord. C-123-98 [PLG-037-98], September 29, 1998, vol. 43, p. 6; accepted by Res. C-133-98 [PLG-043-98], October 19, 1998, vol. 43, p. 38; amended by Ord. C-136-98 [PLG-042-98], November 9, 1998, vol. 43, p. 65; amended by Ord. C-63-99 (CD-01-99), June 21, 1999, vol. 43, p. 338; amended by Ord. C-98-99 [PLG-025-99], October 4, 1999, vol. 44, p. 21; amended by Ord. C-133-99 [PLG-040-99], November 23, 1999, vol. 44, p. 183; amended by Ord. C-44-00 [PLG-011-00], June 5, 2000, vol. 44, p. 429, readopted June 19, 2000, vol. 44, p. 446; amended by Ord. C-117-08 [PLG-016-08], November 10, 2008, vol. 2008, p. 387; amended by Ord. C-97-09 [PLG-014-09], September 14, 2009, vol. 2009, p. 415; amended by Ord. C-129-09 [PLG-018-09], November 16, 2009, vol. 2009, p. 521; amended by Ord. C-130-09 [PLG-020-09], November 16, 2009, vol. 2009, p. 522)

(Ord. No. C-40-14 [PLG-002-14], Exh. A, 5-5-2014; Ord. C-140-16 [PLG-012-16], Exh. A, 12-13-2016; Ord. No. C-127-18[PLG-008-18], Exh. A, 12-11-2018; Ord. No. C-53-19 [PLG-005-19], Exh. A, 6-25-2019)

The Rural Center (RC) Zone is applied to existing areas of intense non-residential and mixed-use development and encompasses the logical outer boundary of the existing pattern of development.

This zone permits a range of commercial, light manufacturing and multi-family uses that serve a broad geographic area. Mixed-use structures are encouraged. All uses within a rural center must comply with land use standards, including non-residential design landscape and screening guidelines set forth in ICC 17.03.180.P. Rural areas of more intense development (RAID) must also comply with the table in Appendix A establishing specific standards for each RAID listed in Appendix A. In certain instances, the specific RAID standards are more restrictive than general zoning standards. (See Appendix A at the end of chapter 17.03.)

A.

Designation criteria and areas. Areas with a predominant pattern of mixed-use development existing on July 1, 1990 may be designated RC when all of criteria set forth below are met. Specific areas are listed in section 17.03.155 and depicted in the zoning atlas. Specific conditions can be found in Appendix A:

1.

Parcels served by an approved public water system; and

2.

Contain multi-family residential and non-residential uses legally established prior to July 1, 1990; and

3.

In combination with other parcels, are at least forty (40) acres or larger in size; and

4.

Parcels that are adjacent to or between areas defined by designation criteria No. 2 that establish a logical outer boundary for the RC Zone.

B.

Lot/density. Lot and density requirements shall be as follows:

1.

Minimum lot size shall be the minimum lot size required by County Health Department requirements.

2.

Maximum residential density shall be the maximum permitted by County Health Department requirements.

C.

Setbacks and height. Setback and height requirements shall be as follows:

1.

Front yard setback—None. See section 17.03.180.S.

2.

Side and rear yard setback—Minimum ten (10) feet.

3.

Height—Three (3) stories not to exceed forty (40) feet, excluding rooftop mechanical equipment.

(Ord. C-123-98 [PLG-037-98], September 29, 1998, vol. 43, p. 6; accepted by Res. C-133-98 [PLG-043-98], October 19, 1998, vol. 43, p. 38; amended by Ord. C-136-98 [PLG-042-98], November 9, 1998, vol. 43, p. 65; amended by Ord. C-63-99 (CD-01-99), June 21, 1999, vol. 43, p. 338; amended by Ord. C-125-99 [PLG-031-99], December 6, 1999, vol. 44, p. 207; amended by Ord. C-44-00 [PLG-011-00], June 5, 2000, vol. 44, p. 429, readopted June 19, 2000, vol. 44, p. 446; amended by Ord. C-117-08 [PLG-016-08], November 10, 2008, vol. 2008, p. 387; amended by Ord. C-97-09 [PLG-014-09], September 14, 2009, vol. 2009, p. 415; amended by Ord. C-157-09, January 4, 2010, vol. 2010, p. 2)

(Ord. No. C-40-14 [PLG-002-14], Exh. A, 5-5-2014; Ord. No. C-44-16[PLG-003-16], Exh. A, 5-3-2016; Ord. No. C-12-17 [PLG-001-17], Exh. A, 2-7-2017; Ord. No. C-86-18[PLG-005-18], Exh. A, 9-4-2018; Ord. No. C-127-18[PLG-008-18], Exh. A, 12-11-2018; Ord. No. C-53-19 [PLG-005-19], Exh. A, 6-25-2019; Ord. No. C-35-25 [PLG-005-25] Exh. A, 7-8-2025)

The Rural Village (RV) Zone is applied to existing areas of mixed-use or intense non-residential or commercial development and encompasses the logical outer boundary of the existing pattern of mixed-use or non-residential development located on a state highway or county arterial. This zone permits a range of commercial services that are limited in scale, intensity and size that typically serve a localized geographic area. Mixed-use structures are encouraged. All uses within a Rural Village must comply with land use standards, including non-residential design, landscape and screening guidelines set forth in section 17.03.180.

A.

Designation criteria and areas. Areas with a predominant pattern of mixed-use or non-residential development existing on July 1, 1990 may be designated RV when all of the following criteria set forth are met. Specific areas are listed in section 17.03.155 and depicted in the zoning atlas. Specific conditions can be found in Appendix A.

1.

Parcels served by an approved public or private water system; and

2.

Contain predominantly non-residential or mixed-uses legally established prior to July 1, 1990; and

3.

In combination are five (5) acres or larger in size; and

4.

Parcels that are adjacent to or between areas defined by designation criteria No. 2 that establish a logical outer boundary for the RV Zone; and

5.

The designation shall primarily be located on the periphery of residential neighborhoods; and

6.

Areas are generally located along highways, major arterials and collector roads.

B.

Lot/density. Lot size requirements shall be the minimum lot size required by County Health Department requirements.

C.

Setback and height. Setback and height requirements shall be as follows:

1.

Front yard setback—Maximum fifty (50) feet.

2.

Side and rear yard setback—Minimum ten (10) feet.

3.

Height—Two (2) stories not to exceed thirty (30) feet excluding rooftop mechanical equipment.

(Ord. C-123-98 [PLG-037-98], September 29, 1998, vol. 43, p. 6; accepted by Res. C-133-98 [PLG-043-98], October 19, 1998, vol. 43, p. 38; amended by Ord. C-136-98 [PLG-042-98], November 9, 1998, vol. 43, p. 65; amended by Ord. C-125-99 [PLG-031-99], December 6, 1999, vol. 44, p. 207; amended by Ord. C-44-00 [PLG-011-00], June 5, 2000, vol. 44, p. 429, readopted June 19, 2000, vol. 44, p. 446; amended by Ord. C-117-08 [PLG-016-08], November 10, 2008, vol. 2008, p. 387; amended by Ord. C-97-09 [PLG-014-09], September 14, 2009, vol. 2009, p. 415)

(Ord. No. C-40-14 [PLG-002-14], Exh. A, 5-5-2014; Ord. C-140-16 [PLG-012-16], Exh. A, 12-13-2016; Ord. No. C-86-18 [PLG-005-18], Exh. A, 9-4-2018; Ord. No. C-127-18 [PLG-008-18], Exh. A, 12-11-2018; Ord. No. C-53-19 [PLG-005-19], Exh. A, 6-25-2019; Ord. No. C-35-25 [PLG-005-25], Exh. A, 7-8-2025)

The Camano Gateway Village (CGV) Zone is applied to the Camano Gateway and Terry's Corner existing areas of mixed use, non-residential or commercial development. This zone permits a range of uses that are limited in scale, intensity and size that provide commercial services to local residents and uses that support local commerce.

A.

Designation criteria. Areas with a predominant pattern of mixed use or non-residential development existing on July 1, 1990 may be designated CGV when all of the following criteria are met. (Specific areas are listed in section 17.03.155 and depicted in the zoning atlas):

1.

Parcels served by an approved public or private water system;

2.

Contain predominantly non-residential uses legally established prior to July 1, 1990;

3.

In combination are five (5) acres or larger in size;

4.

Parcels that are adjacent to or between areas defined by designation criterion No. 2 that establish a logical outer boundary for the CGV Zone; and

5.

Existing areas of clustered commercial development that are located along the SR 532 corridor to Camano Island.

B.

Lot/density/intensity.

1.

The minimum lot size in the CGV Zone is 21,780 square feet (one-half-acre); however, residential units that are part of a mixed use development may create lot sizes that allow each unit to be on its own separate parcel, e.g., zero (0) lot line.

2.

Mixed use development shall not exceed a density of three (3) dwelling units per acre.

3.

Overnight lodging shall not exceed twenty (20) rooms per acre.

4.

Individual structures shall not exceed 10,000 square feet of gross floor area, except for fire stations and overnight lodging.

5.

Multiple structures and multiple permitted and conditional uses may be allowed on a single parcel.

C.

Setbacks and height.

1.

Front yard setback—Maximum fifty (50) feet and minimum ten (10) feet from public roads. Structures with a ten-foot front yard setback shall be limited to eighty (80) percent of the lot width, exclusive of required side yard setbacks. Exceptions to setback standards can be made for parking if a plan is proposed that can preserve the unique natural beauty and character of the county by meeting the parking standards listed in section 17.03.180.Q.

2.

Side and rear yard setback—Minimum ten (10) feet.

3.

Structures that are located on the same parcel must be separated by a minimum of twenty-five (25) feet except that:

a.

Individual structures may be connected via covered open air walkways, provided that two-story structures may not be connected on both stories on the same side; and

b.

Covered open air walkways may provide pedestrian connection between individual structures irrespective of whether they are on the same parcels and do not have to meet any of the property line setback requirements.

4.

Height—Two (2) stories not to exceed thirty-five (35) feet, excluding roof top mechanical equipment, elevator shafts, features that are designed to hide roof top mechanical equipment, railings, umbrellas, vegetation or roof top accessories that promote green roof technology and the use of roof top gathering space. Other exceptions to the height standard can be made for non-useable roof top structures that enhance architectural creativity and preserve rural character.

D.

Utilities.

1.

The following stormwater standards shall be met:

a.

All stormwater shall be collected and treated on site using low impact development best management practices when feasible (i.e., rain gardens), as outlined in chapter 11.03, Stormwater and surface water, and the Low Impact Development Technical Guidance Manual for Puget Sound, as they currently exist or are hereafter amended. Where the Island County Engineer has determined on-site soil conditions are incompatible for absorption, mitigation measures for alternative treatment systems may be approved by the county engineer in compliance with current Island County Code; and

b.

The post-development volume and rate of stormwater runoff shall not exceed the pre-development volume and rate of stormwater runoff;

2.

The source of potable water shall be evaluated pursuant to the requirements of title 8 of the Island County Code and the requirements of Washington State Statute. Environmental review shall incorporate consideration of the impacts associated with drawing potable water from an off-site location and distributing it to a different site. This evaluation shall include impacts that may be associated with drawing from one (1) aquifer and distributing in another aquifer or drawing water within one (1) watershed and distributing in a different watershed.

3.

Where utilities such as stormwater detention ponds or drain fields are proposed to be located off-site, for the parcel where the utility is proposed, public notice shall be provided in the same manner as the associated development proposal. If the proposed commercial activity has not yet been noticed, or the application has not yet been submitted, the proposed off-site drain field shall be considered a Type II decision pursuant to chapter 16.19. The non-residential landscaping standards outlined in section 17.03.180.P. for non-residential uses shall be applied consistent with the underlying zoning classification of the proposed off-site utility, and shall also include an associated maintenance plan that includes provisions that ensure the long term success of landscaping.

(Ord. C-102-09 [PLG-015-09], September 22, 2009, vol. 2009, p. 436)

(Ord. No. C-40-14 [PLG-002-14], Exh. A, 5-5-2014; Ord. C-140-16 [PLG-012-16], Exh. A, 12-13-2016; Ord. No. C-86-18 [PLG-005-18], Exh. A, 9-4-2018; Ord. No. C-127-18 [PLG-008-18], Exh. A, 12-11-2018; Ord. No. C-53-19 [PLG-005-19], Exh. A, 6-25-2019; Ord. No. C-35-25 [PLG-005-25], Exh. A, 7-8-2025)

The Rural Service (RS) Zone is applied to isolated existing mixed-use, retail or retail service businesses located in the Rural Zone that typically are not permitted or conditional uses in that zone. This zone permits a very limited range of mixed-use or non residential uses that provide convenience shopping and services to a localized geographic area. Mixed-use structures are encouraged. All uses within a Rural Service Zone must comply with land use standards, including non-residential, landscape and screening design guidelines set forth in section 17.03.180.

A.

Designation criteria and areas. Isolated mixed-use or non-residential uses on lots less than two and one-half (2.5) acres existing on July 1, 1990 may be designated RS. Specific areas are listed in section 17.03.155 and depicted in the zoning atlas. Specific conditions can be found in Appendix A.

B.

Lot/density. Lot size requirements shall be the minimum lot size required by County Health Department requirements but shall not exceed two and one-half (2.5) acres.

C.

Setbacks and height. Setback and height requirements shall be as follows:

1.

Setbacks—Minimum ten (10) feet.

2.

Height—Two (2) stories not to exceed thirty-five (35) feet, excluding rooftop mechanical equipment, elevator shafts, features that are designed to hide roof top mechanical equipment, railings, umbrellas, vegetation or rooftop accessories that promote green roof technology, and the use of rooftop gathering space. Other exceptions to the height standard can be made for non-useable rooftop structures that enhance architectural creativity and preserve rural character.

(Ord. C-123-98 [PLG-037-98], September 29, 1998, vol. 43, p. 6; accepted by Res. C-133-98 [PLG-043-98], October 19, 1998, vol. 43, p. 38; amended by Ord. C-136-98 [PLG-042-98], November 9, 1998, vol. 43, p. 65; amended by Ord. C-137-99 [PLG-046-99], November 15, 1999, vol. 44, p. 131; amended by Ord. C-44-00 [PLG-011-00], June 5, 2000, vol. 44, p. 429, readopted June 19, 2000, vol. 44, p. 446; amended by Ord. C-117-08 [PLG-016-08], November 10, 2008, vol. 2008, p. 387; amended by Ord. C-97-09 [PLG-014-09], September 14, 2009, vol. 2009, p. 415)

(Ord. No. C-40-14 [PLG-002-14], Exh. A, 5-5-2014; Ord. No. C-86-18 [PLG-005-18], Exh. A, 9-4-2018; Ord. No. C-127-18 [PLG-008-18], Exh. A, 12-11-2018; Ord. No. C-53-19 [PLG-005-19], Exh. A, 6-25-2019; Ord. No. C-79-23 [PLG-003-23], Exh. A, 11-28-2023)

The Light Manufacturing Zone is applied to existing areas of non-residential use that do not meet the designation criteria for the RC, RV or RS Zones. The Camano Annex and SR 20 (South of Coupeville) industrial area are both designated LM Zones. All uses within the LM Zone must comply with land use standards set forth in section 17.03.180.

A.

Designation criteria and areas. Areas with a predominant pattern of non-residential development existing on July 1, 1990 may be designated LM when the criteria set forth in section 17.03.130 are met and have direct access to a state highway or county arterial. Specific areas are listed in section 17.03.155 and depicted in the zoning atlas.

1.

Areas where light industrial or business activity would not conflict with and may support conservation of Commercial Agriculture, Rural Forest or Rural Agriculture lands.

2.

Areas unsuited for, and well buffered from, residential and rural communities having adequate space for greenbelt screening, supportive parking and transport facilities.

B.

Lot/density. Lot size requirements shall be the minimum lot size required by County Health Department requirements.

C.

Setback and height. Setback and height requirements shall be the same as those set forth in section 17.03.130. Larger setbacks may be required to screen structures and other improvements so that visibility is obscured from state highways.

(Ord. C-123-98 [PLG-037-98], September 29, 1998, vol. 43, p. 6; accepted by Res. C-133-98 [PLG-043-98], October 19, 1998, vol. 43, p. 38; amended by Ord. C-136-98 [PLG-042-98], November 9, 1998, vol. 43, p. 65; amended by Ord. C-137-99 [PLG-046-99], November 15, 1999, vol. 44, p. 131; amended by Ord. C-44-00 [PLG-011-00], June 5, 2000, vol. 44, p. 429, readopted June 19, 2000, vol. 44, p. 446; amended by Ord. C-117-08 [PLG-016-08], November 10, 2008, vol. 2008, p. 387; amended by Ord. C-97-09 [PLG-014-09], September 14, 2009, vol. 2009, p. 415; amended by Ord. C-157-09, January 4, 2010, vol. 2010, p. 2)

(Ord. No. C-40-14 [PLG-002-14], Exh. A, 5-5-2014; Ord. C-140-16 [PLG-012-16], Exh. A, 12-13-2016; Ord. No. C-53-19 [PLG-005-19], Exh. A, 6-25-2019)

The Airport (AP) Zone is applied to existing non-military airports. This zone allows airport related uses and other non-residential uses that are compatible with airport operations. The airport, aviation support activities and accessory uses are treated as essential public facilities. All uses within the AP Zone must comply with land use standards set forth in section 17.03.180.

A.

Designation criteria and areas. Areas that encompass a non-military airport existing on July 1, 1990 may be designated AP when the criteria set forth below are met. Specific areas are listed in section 17.03.155 and depicted in the zoning atlas.

1.

Parcels containing airport, support and accessory facilities legally established prior to July 1, 1990; and

2.

Parcels that are adjacent to areas defined by designation criteria No. 1 that establish a logical outer boundary for the AP Zone; and

3.

Recognize historical development patterns as the foundation for the designation of Airport Areas.

B.

Lot/density. Lot size requirements shall be the minimum lot size required by County Health Department requirements.

C.

Setback and height. (Reserved.)

(Ord. C-123-98 [PLG-037-98], September 29, 1998, vol. 43, p. 6; accepted by Res. C-133-98 [PLG-043-98], October 19, 1998, vol. 43, p. 38; amended by Ord. C-136-98 [PLG-042-98], November 9, 1998, vol. 43, p. 65; amended by Ord. C-44-00 [PLG-011-00], June 5, 2000, vol. 44, p. 429, readopted June 19, 2000, vol. 44, p. 446; amended by Ord. C-117-08 [PLG-016-08], November 10, 2008, vol. 2008, p. 387, amended by Ord. C-97-09 [PLG-014-09], September 14, 2009, vol. 2009, p. 415; amended by Ord. C-157-09, January 4, 2010, vol. 2010, p. 2)

(Ord. No. C-40-14 [PLG-002-14], Exh. A, 5-5-2014; Ord. C-140-16 [PLG-012-16], Exh. A, 12-13-2016; Ord. No. C-86-18 [PLG-005-18], Exh. A, 9-4-2018; Ord. No. C-127-18 [PLG-008-18], Exh. A, 12-11-2018; Ord. No. C-53-19 [PLG-005-19], Exh. A, 6-25-2019)

17.03.155A

Mixed Use Areas of More Intensive
Rural Development

17.03.155B

Non-Residential Areas of More Intensive
Rural Development

(Ord. C-123-98 [PLG-037-98], September 29, 1998, vol. 43, p. 6; accepted by Res. C-133-98 [PLG-043-98], October 19, 1998, vol. 43, p. 38; amended by Ord. C-136-98 [PLG-042-98], November 9, 1998, vol. 43, p. 65; amended by Ord. C-102-09 [PLG-015-09], September 22, 2009, vol. 2009, p. 436)

(Ord. No. C-49-19 [PLG-004-19], Exh. D, 6-18-2019; Ord. No. C-79-23 [PLG-003-23], Exh. A, 11-28-2023; Ord. No. C-35-25 [PLG-005-25], Exh. A, 7-8-2025)

A.

Purpose. The Special Review District (SD) zoning classification is applied to large properties at least 150 acres in size, in single public ownership or owned and/or managed by a non-profit organization that, because of unique site or use characteristics, do not readily fit in any other zoning classification. It is used to establish special standards to protect lands and structures that have historical, archaeological or environmental significance while allowing a unique combination of uses that enhance, conserve or highlight these features of significance.

B.

Application requirements. The application for approval of a Special Review District designation shall be a master plan for the long-term development of the property to be included in the classification. The master plan shall contain the information required for a site plan set forth in chapter 16.15, unless modified by the Planning Director pursuant to chapter 16.15. Because of the long-term nature of the master plan it may not be possible to provide all of the detail called for by chapter 16.15.

C.

Review process. The review process for a Special Review District shall be the review process set forth in chapter 16.19 for a Type IV decision.

D.

Standards. The site plan approval criteria set forth in chapter 16.15 shall be applied to a master plan for a Special Review District. In addition, the proposed uses may be approved only upon determining that features of historical, archaeological or environmental significance will be enhanced, conserved or highlighted. Further, reasonable conditions may be required to ensure that the proposed master plan protects rural character. Unless waived or modified by the board in its approval, the land use standards set forth in section 17.03.180 shall apply to all uses. The following standards shall also apply:

1.

The land area that is included in the acreage calculation must consist of land that is either physically or functionally connected to the primary use of the site. The applicant must demonstrate one (1) of the following:

a.

All 150 acres are contiguous; or

b.

For any land that is not contiguous, it must be demonstrated that there is an interdependence between the primary use(s) and the use of the non-contiguous property. The applicant shall describe the relationship between any properties that are not contiguous, why they are binding upon each other, and why it is necessary that the non-contiguous property must be included in order to achieve the purpose, goals and objectives of the master plan beyond merely meeting the minimum acreage requirement.

2.

The 150 acres may consist of any upland areas as well as any areas that consist of critical areas and their buffers as established in chapter 17.02B.

E.

Time limit. The term of the master plan will be established by the board in its approval, including the matters that may be modified administratively through a Type II review process and those that will require further review and approval utilizing the Type IV review process.

(Ord. C-123-98 [PLG-037-98], September 29, 1998, vol. 43, p. 6; accepted by Res. C-133-98 [PLG-043-98], October 19, 1998, vol. 43, p. 38; amended by Ord. C-136-98 [PLG-042-98], November 9, 1998, vol. 43, p. 65; amended by Ord. C-49-04 [PLG-038-03], April 12, 2004, vol. 2004, p. 111)

(Ord. No. C-75-14 [PLG-006-14], Exh. E, 9-22-2014; Ord. No. C-86-17 [PLG-009-17], Exh. A, 8-15-2017)

The Pacific Rim Institute (SD-PRI) Zone is applied to a 175-acre site in Central Whidbey that is owned and operated by the Pacific Rim Institute. This zone allows for development and specific uses that have been approved through the adoption of a master plan. The purpose and intent of the master plan is to provide long term protection to environmentally, historically and archaeologically significant lands while allowing uses, activities and development that will enhance, conserve or highlight these features of significance.

All permitted and conditional uses shall comply with the applicable land use standards of section 17.03.180. For those land use standards that are addressed in the approved master plan, standards in the master plan shall be applicable. For those uses that are not specifically listed as permitted or conditional and are not specifically identified in the master plan, the Planning Director shall have the authority to make Code interpretations pursuant to section 17.03.190. All development shall adhere to critical area regulations as they are prescribed in chapter 17.02B.

A.

Permitted uses. These uses, activities and standards have been approved through and are subject to the master plan. These uses are processed as Type I decisions pursuant to chapter 16.19.

1.

Educational instruction of up to 100 university or college level students by up to twelve (12) professors and teachers;

2.

Environmental education and services for local schools, interested parties and the general public;

3.

Summer cabins to be used as temporary dormitory housing for university level students, faculty and scientists;

4.

Residential facilities for up to twelve (12) professors and their immediate family members;

5.

Faculty offices;

6.

Activities associated with restoration and enhancement of the native landscape, provided that any controlled burns shall be done according to a fire management plan approved by the Island County Planning and Community Development Department and any other agencies with jurisdiction;

7.

Seed and native plant production and distribution;

8.

An auditorium;

9.

Multipurpose room and offices;

10.

Environmental laboratories;

11.

Student gathering place;

12.

Storage for vehicle and farm machinery;

13.

Superintendent residence;

14.

Library;

15.

Herbarium;

16.

Kitchen;

17.

Greenhouse;

18.

Restrooms, shower houses, washer and dryer facilities;

19.

Permanent parking facilities for up to twenty-five (25) vehicles, together with temporary parking facilities (e.g. mowed field) for special events;

20.

All other uses, activities and structures that are approved in the master plan or identified in the associated site plan.

B.

Conditional uses.

1.

Processed as Type II decisions pursuant to chapter 16.19:

a.

Any use that is not specifically listed as a permitted use but that is consistent with the goals and policies of the master plan;

b.

Any structure that exceeds ten (10) percent of the gross square footage as has been identified in the approved master plan or associated site plan;

c.

Any new structure that is 500 square feet or smaller that is not identified in the master plan or associated site plan;

d.

Any increase of impervious surface that exceeds ten (10) percent of the gross square footage as has been identified in the approved master plan or associated site plan;

e.

Timber harvest that proposes removal of twenty-five (25) percent or less of the total timbered areas, provided that tree cutting for purposes of removing dead, diseased or dangerous trees or any operation that would be classified as a Class I forest practices permit shall be considered a permitted use.

2.

Processed as an annual review amendment decision pursuant to chapter 16.26:

a.

Any structure that exceeds fifty (50) percent of the gross square footage as has been identified in the approved master plan or associated site plan;

b.

Any structure greater than 500 square feet in size that is not identified in the master plan or associated site plan;

c.

Any structure that exceeds the total cumulative gross square footage of all buildings combined that is allowed in the master plan;

d.

Any increase in impervious surface that exceeds fifty (50) percent of the gross square footage as has been identified in the approved master plan or associated site plan;

e.

Timber harvest that proposes removal of greater than twenty-five (25) percent of the total timbered area;

f.

Subdivision of land;

g.

Expansion of student body and/or staffing levels of faculty;

h.

Any other type of amendment to the master plan.

C.

Setbacks and height. Unless otherwise provided in the master plan, setback and height requirements shall be as follows:

1.

Setbacks for all structures shall be a minimum of fifty (50) feet from all property lines that are adjacent to this site.

2.

Setbacks for all structures shall be a minimum of five (5) feet from those interior parcel lines within the boundary of this site.

3.

Setbacks for all new structures or additions to existing structures, excluding signs, shall be a minimum of fifty (50) feet from the edge of the right-of-way of any public roads.

4.

No structure shall exceed thirty-five (35) feet in height, provided that the variance process set forth in this chapter shall be applicable to this site.

(Ord. C-166-01 [PLG-027-01], January 7, 2002, vol. 46, p. 80)

(Ord. C-75-14 [PLG-006-14], Exh. E, 9-22-2014; Ord. C-140-16 [PLG-012-16], Exh. A, 12-13-2016; Ord. No. C-86-17 [PLG-009-17], Exh. A, 8-15-2017)

Editor's note— Ord. C-140-16 [PLG-012-16], Exh. A, adopted Dec. 13, 2016, changed the title of § 17.03.161 from "Au Sable Institute (SD-ASI) Zone" to read as herein set out.

(Section 17.03.162, Casey Conference Center (SD-CCC) Zone, Ord. C-92-02 [PLG-015-02], December 16, 2002, vol. 46, p. 424, repealed by Ord. C-08-04, February 23, 2004, vol. 2004, p. 53)

The Greenbank Farm Port Tract (SR-GF) Zone ("the Greenbank Farm") is applied to a 151-acre site in Central Whidbey Island that is owned and operated by the Port of Coupeville. The Greenbank Farm is a landmark site on Whidbey Island that continues to act as a vital working farm, scenic recreation site, marketplace for locally produced products and center for community activities while striving to maintain the core commitment of promoting sustainable and renewable agriculture and development practices. The Greenbank Farm is further committed to ongoing efforts to promote economic development and tourism in accordance with an interlocal agreement with Island County dated September 15, 1997. The Greenbank Farm has been designated as a Special Review District in order to provide a predictable and orderly set of regulations that will direct and guide the future use of the property.

The Greenbank Farm contributes to the rich rural and scenic qualities of Central Whidbey Island. The agricultural, pastoral and historical setting provides significant aesthetic, economic and cultural value to the residents of Island County. It is a goal of the Island County Comprehensive Plan to support and promote tourism in Island County as a way of encouraging economic development and business incubator uses. The Port of Coupeville is currently achieving this goal and desires to continue to do so. The goals of the SR-GF Zone are to ensure that the farm can continue to operate in a flexible, economically viable and productive manner while ensuring that the rural, agricultural, historical and scenic qualities are preserved.

This zone allows for development and specific uses that have been approved through the adoption of a master plan. All permitted and conditional uses shall comply with the land use standards of section 17.03.180 unless otherwise directed in this section or the master plan. If there is a conflict between standards of this section or with standards in other sections of this chapter, the master plan shall prevail. For those uses that are not specifically listed as permitted or conditional and are not specifically identified in the master plan, the Planning Director shall have the authority to make Code interpretations pursuant to section 17.03.190. All development shall adhere to the critical area regulations as they are prescribed in chapter 17.02B, the land development standards of title 11 and all other applicable regulations. The SR-GF Zone includes four (4) subdesignations; Area 1 is Agriculture, Area 2 is Recreation, Area 3 is Commercial and Area 4 is Environmentally Sensitive.

A.

Area 1—Agriculture.

1.

Permitted uses. These uses, activities and standards have been approved through and are subject to the master plan. These uses are processed as Type I decisions pursuant to chapter 16.19.

a.

Agriculture, pursuant to agricultural best management practices;

b.

Agricultural buildings with a footprint that is equal to or less than 1,000 square feet;

c.

Organic farming, pursuant to Washington State organic crop production standards;

d.

Grazing;

e.

Greenhouses;

f.

Fences;

g.

Trails; and

h.

Park-n-ride, provided that the surface shall not be impervious and that the landscaping and screening standards of chapter 17.03 are adhered to.

2.

Conditional uses. These uses, activities and standards shall be processed as Type II decisions pursuant to chapter 16.19.

a.

Agricultural buildings with a footprint that is greater than 1,000 square feet and equal to or less than 1,500 square feet.

3.

Prohibited uses.

a.

Agricultural buildings with a footprint that is greater than 1,500 square feet;

b.

Cumulative building footprint of all agricultural buildings combined that exceed 3,000 square feet;

c.

Residential structures;

d.

Commercial structures;

e.

Uses permitted in Area 2 and Area 3, except for fences, trails, and a park-n-ride, which are permitted;

f.

Surface mining;

g.

Septic drainfields; and

h.

Camping.

B.

Area 2—Recreation.

1.

Permitted uses. These uses, activities and standards have been approved through and are subject to the master plan. These uses are processed as Type I decisions pursuant to chapter 16.19.

a.

Benches and other similar resting areas and view spots;

b.

Trails;

c.

Picnic areas, including up to two (2) gazebos and similar shelter areas that do not exceed 200 square feet each;

d.

View spots, interpretive areas and unmanned information kiosks;

e.

Passive recreational activities;

f.

Fences; and

g.

Temporary uses that are incidental to a primary temporary use permitted under Area 3. Temporary uses do not include structures rather they are uses and activities that support a use that is allowed in Area 3.

2.

Prohibited uses.

a.

Structures other than fences, gazebos or benches that are not directly related and incidental to the use of this area as open space. Structures that serve a commercial function shall not qualify as directly related and incidental to the use of this area as open space;

b.

Camping;

c.

Temporary tents, booths, etc.;

d.

Use of motor vehicles other than farm or maintenance equipment;

e.

Agriculture, including livestock; and

f.

Uses permitted in Area 1 and Area 3 other than fences, gazebos and benches.

C.

Area 3—Commercial.

1.

Permitted uses. These uses, activities and standards have been approved through and are subject to the master plan. These uses are processed as Type I decisions pursuant to chapter 16.19.

a.

New structures that are used for uses that are listed as permitted or conditional under this section provided that individual structures are limited to 5,000 square feet of building footprint;

b.

Additions to existing structures or replacement of existing structures provided that they do not exceed a ten-percent expansion over the building footprint as it exists on the effective date of this chapter and for which this provision may only be applied one (1) time for each structure for the life of the structure; provided, that the ten-percent limitation shall not apply to access ramps and other related improvements required to satisfy minimum ADA requirements;

c.

Camping for overnight festival use but only for use by sponsors/vendors of the festival and not for use by attendees or members of the general public;

d.

Classrooms;

e.

Meeting halls provided that meeting halls shall not exceed a maximum capacity of 250 people and the aggregate of all meeting halls shall not exceed 500 people;

f.

Fuel storage;

g.

Tourist information center;

h.

Hostel, not to exceed capacity for ten (10) individuals;

i.

Arts centers, including indoor/outdoor performing arts center;

j.

Retail and wholesale stores;

k.

Residential not to exceed two (2) dwelling units;

l.

Marketplace for local goods, e.g. farmer's market, flea markets, however, they shall not be subject to the farm produce stands and seasonal farmer's markets of section 17.03.180.H.;

m.

Food and/or beverage retail services;

n.

Commercial kitchen;

o.

Community events, indoor concerts, weddings, arts and craft shows, receptions for up to 400 people;

p.

Up to six (6) festivals or outdoor concerts per year that are in excess of 400 attendees but that do not exceed four (4) days in duration and 4,000 people per day;

q.

School, subject to the school standards of chapter 17.03;

r.

Park-n-ride, provided that the surface shall not be impervious and that the landscaping and screening standards of chapter 17.03 are adhered to; and

s.

Administrative offices for businesses operating at the Greenbank Farm, for the Port of Coupeville and for other non-profit and public organizations.

2.

Conditional uses. These uses shall be processed as Type II decisions pursuant to chapter 16.19.

a.

Any use that is not specifically listed as permitted or prohibited.

3.

Prohibited uses.

a.

New structures with a building footprint that is greater than 5,000 square feet;

b.

Cumulative building footprint of new structures that exceed 10,000 square feet; and

c.

Expansions of existing structures beyond ten (10) percent of the gross floor area of the structure as it existed on the effective date of this chapter.

D.

Area 4—Environmentally sensitive.

1.

Permitted uses. These uses, activities and standards have been approved through and are subject to the master plan. These uses are processed as Type I decisions pursuant to chapter 16.19, however, additional permit requirements may be necessary pursuant to the critical areas regulations set forth in chapter 17.02B. Prior to conducting any activity or establishing any use in this area, the provisions of chapter 17.02B, shall be satisfied and adhered to.

a.

Low impact trails and recreational uses;

b.

Birding platforms; and

c.

Interpretive areas.

2.

Prohibited uses.

a.

Any structure, uses or activity that does not meet the standards of chapter 17.02B, the critical areas regulations;

b.

Agriculture is prohibited within a regulated critical area or its buffer; and

c.

Camping.

E.

Annual review amendments. Any amendment to the master plan, the comprehensive plan or to this chapter shall be processed as an annual review amendment pursuant to chapter 16.26.

F.

Setbacks and heights.

1.

Setbacks from designated critical areas shall comply with buffer and setback provisions of chapter 17.02B.

2.

Setbacks from property lines for all new structures shall be a minimum of fifty (50) feet.

3.

Setbacks from property lines for all existing structures shall either be a minimum of fifty (50) feet or if an existing structure is already located within the setback of fifty (50) feet the degree of nonconformity shall not be increased.

4.

Setbacks for all new structures or additions to existing structures, excluding signs and fences, shall be a minimum of 300 feet from the edge of the right-of-way of State Highway 525 and fifty (50) feet from the edge of the right-of-way of any other public roads.

5.

No new agricultural, commercial or residential building or additions to existing structures shall exceed thirty-five (35) feet in height, provided that the variance process set forth in this chapter shall be applicable to this site.

G.

Development standards.

1.

The SR-GF Zone is not subject to the parking requirements of section 17.03.180.Q. Parking requirements are set forth as indicated on the site plan in the master plan and shall be separated as follows:

a.

Temporary and overflow parking and shall only be used to accommodate parking requirements associated with festivals and events that are permitted under subsection C. of this chapter; and

b.

Permanent parking which shall be used to support all other permitted and conditional uses.

2.

The SR-GF Zone is not subject to the site coverage requirements of section 17.03.180.S. Site coverage ratios shall be as follows:

a.

Maximum impervious surface—Ten (10) percent within the commercial area (subsection C. of this chapter);

b.

Minimum open space—The Special Review District has limited development potential to the commercial area which accounts for approximately seventeen (17) percent of the site. Therefore, approximately eighty-three (83) percent of the Special Review District is devoted primarily to recreational activities, agricultural activities or in a state of environmental preservation;

c.

Maximum building coverage—Based on the amount of square footage allowed in Area 1, Area 2, Area 3 and Area 4.

3.

Development in the SR-GF Zone shall comply with the general standards for nonresidential use of section 17.03.180.A., except that subsections G.1. and 2. shall not apply.

4.

Signage standards shall be the same as those set forth in the following subsections of section 17.03.180.R.:

a.

Subsections 2.a. through 2.d.;

b.

Subsections 2.g.(ii) through 2.g.(v); and

c.

Subsections 3, 4 and 6.

5.

Lighting shall comply with the standards set forth in section 17.03.180.R.

6.

Building design shall comply with the following standards set forth in section 17.03.180.P.:

a.

Subsection 1.;

b.

Subsection 3.a.; and

c.

Subsections 3.b.(i) through 3.b.(iv).

(Ord. C-91-02 [PLG-014-02], December 16, 2002, vol. 46, p. 408; amended by Ord. C-123-13, December 23, 2013, vol. 2013, p. 230)

(Ord. No. C-75-14 [PLG-006-14], Exh. E, 9-22-2014; Ord. No. C-86-17 [PLG-009-17], Exh. A, 8-15-2017)

(Ord. C-123-98 [PLG-037-98], September 29, 1998, vol. 43, p. 6; accepted by Res. C-133-98 [PLG-043-98], October 19, 1998, vol. 43, p. 38; amended by Ord. C-136-98 [PLG-042-98], November 9, 1998, vol. 43, p. 65)

To view a PDF of this section, please click here.

The land use standards contained in this section supplement the general land use regulations of this chapter and the specific development standards contained in other chapters of the Island County Code.

A.

General standards for nonresidential uses in the Rural, Rural Residential, Rural Forest, Rural Agriculture and Commercial Agriculture Zones.

1.

On Rural Agriculture, Rural Forest, or Commercial Agricultural lands, the maximum area of nonresidential development which is not related to agricultural or forestry uses, processing, and activities shall be less than two (2) acres per twenty (20) acres of land which comprise the farm or forest unit, regardless of the assigned density. This restriction does not apply to surface mines in the Rural Agriculture or Rural Forest Zones. Surface mines are prohibited in the Commercial Agriculture Zone.

2.

Except for those essential public facilities for which alternative requirements are stated herein, structures and uses shall comply with lighting, site coverage and non-residential design and screening guidelines set forth in this section.

3.

Smoke, toxic gases, and emissions. Emissions shall comply with the regulations of the Northwest Air Pollution Control Authority.

4.

Dust and dirt. Emissions of fugitive dust, dirt, fly ash, or other airborne solids shall comply with the requirements of the Northwest Air Pollution Control Authority and all Washington state and federal standards as currently exist or as may be amended.

5.

Vibration. Ground vibration inherently and/or recurrently generated from use and/or equipment, other than vehicles, shall not be perceptible without instruments at any point beyond the property boundary in which such use is located.

6

Glare, heat and other radiation. Activities which may create offensive glare, heat, electromagnetic and other radiation shall be conducted and contained in an enclosed building, unless otherwise mitigated.

7.

Odors. The emission of obnoxious odors of any kind beyond the lot boundaries is prohibited. Particular industries may be required to present comprehensive statements of measures to be taken for elimination of obnoxious odors for department staff review before approvals are granted.

8.

Liquid wastes. Emission of liquid wastes shall require an industrial waste discharge permit issued by the Washington State Department of Ecology or the Federal Environmental Protection Agency.

9.

Solid wastes. Procedures for the collection, control, and disposal of any solid wastes peculiar to the industrial operation shall be approved by the Island County Health and Public Works Departments prior to the issuance of any permits and shall meet all standards of the State Department of Ecology.

10.

Water supply/waste disposal/surface water. Water supply, waste disposal, including sewage, and surface water shall meet applicable federal, state and county standards, provided that, no dangerous or hazardous wastes may be discharged into surface or groundwater.

11.

Utilities. To the extent feasible, all onsite utilities shall be located underground.

12.

Noise emissions shall not exceed levels as established by WAC 173-60-040. More restrictive standards may be established for specific NR uses in the Rural, Rural Residential, Rural Agriculture, Rural Forest, or Commercial Agricultural Zones.

13.

For any use the county shall impose such reasonable conditions as are found necessary to ensure that the proposed activity is compatible with the character of surrounding permitted uses.

B.

Bed and breakfast.

1.

Bed and breakfast inns (three (3) to six (6) rooms) may be established in the Rural, Rural Agricultural, Rural Forest, Commercial Agricultural Zones provided that:

a.

Minimum parcel size shall be two and one-half (2.5) acres;

b.

A site plan is approved pursuant to chapter 16.15;

c.

There shall be no more than six (6) attached or detached guest rooms;

d.

The owner shall be domiciled in the single family dwelling unit;

e.

No more than two (2) full-time non-family member employees;

f.

Bed and breakfast inns in Commercial Agricultural or Rural Agricultural zoned parcels shall be:

(i)

Located so as to minimize the amount of agricultural land loss and shall not be located on prime soils;

(ii)

Clearly subordinate to the agricultural activities on site.

2.

Bed and breakfast rooms may be established outright in any single family dwelling unit or detached ADU, provided the gross square footage of the detached ADU, including the bed and breakfast room, does not exceed 1,200 square feet, in any Rural, Rural Residential, Rural Forest, Rural Agriculture, or Commercial Agriculture Zones provided that:

a.

The owner is domiciled within the single family dwelling unit;

b.

No more than two (2) bedrooms or attached or detached guest rooms, are devoted to the bed and breakfast on the parcel;

3.

For either type of bed and breakfast facility the county shall impose such reasonable conditions as may be found necessary to ensure that the operation of the bed and breakfast use does not disrupt adjacent dwelling units including:

a.

For bed and breakfast facilities the use of the lot for single family residential purposes is the predominant use;

b.

Parking of vehicles shall be accommodated on the premises in conformance with this section;

c.

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

d.

Service of meals for bed and breakfast facilities shall be limited to registered guests only.

e.

Bed and breakfast facilities shall comply with the non-residential rural design, landscape, open space, screening, buffering, signage, and lighting standards set forth in this section.

4.

All bed and breakfast facilities shall be registered with the Island County Health Department to assure that Health Department standards are met.

C.

Mini storage. Mini storage in the Non-Residential Zones are subject to the requirements of chapter 16.15 and the non-residential design, landscape and screening guidelines of this chapter. Mini storage may be established in the Rural Zone provided that:

1.

A site plan is approved pursuant to chapter 16.15.

2.

The parcel is at least ten (10) acres in size.

3.

All mini storage facilities shall take primary access, in order of priority, off a county arterial, county collector road, or state highway.

4.

The total aggregate gross area of the footprints of all building foundations shall not exceed 17,000 square feet for parcels less than twenty (20) acres in size, and 25,000 square feet for parcels twenty (20) acres or greater.

5.

There shall be a 100-foot setback from all roads, and a fifty-foot setback from all property lines. With the exception of the caretaker residence, security fencing, and the primary driveway that serves the facility, no structures, buildings, gravel, pavement or any other physical improvement is permitted within these setbacks. Vegetation may be modified if it is necessary to achieve better screening. All structures shall be screened in conformance with section 17.03.180.P.

6.

Outside storage shall be limited to boats, recreational vehicles, and similar vehicles.

7.

Mini storage shall be limited to dead storage. The whole facility shall be fully screened. If new landscaping is proposed as part of the screening of the facility, the new landscaping shall provide full screening within five (5) years. If full screening is not achieved within five (5) years, the facility shall be subject to closure until landscaping achieves a level where it provides full screening.

8.

An occupied on-site caretaker residence shall be required. The caretaker residence shall be located at the main entrance, shall be designed to look like a house and shall be used as one (1) of the methods for screening the facility. The caretaker does not need to be the owner of the facility. This will be the only single family residence located on the parcel.

9.

There shall be only one (1) access from each adjacent road.

10.

The facility shall comply with the non-residential rural design, landscape, open space, screening, buffering, signage, and lighting standards set forth in this section.

11.

Exterior video surveillance equipment and an alarm system must be installed on the premises to monitor all storage lockers and outdoor storage.

12.

Security fencing shall be installed around the perimeter of the mini storage facility and shall include a security gate that allows restricted access to the site. Fencing shall be designed and located in a manner that is subtle in appearance. This may be achieved by providing landscaping or natural vegetation on exterior of the fence, by providing dark brown or black vinyl coating to metal fences, and/or by utilizing natural materials such as wood.

13.

Stormwater generated from impervious surfaces shall be collected and managed on site. Infiltration shall be utilized when soil conditions make it possible.

14.

The guidelines for what is permitted within individual storage units shall be established through a plan that is approved by the Island County Health Department. Signage shall be posted in multiple conspicuous locations within the facility that informs customers that they are prohibited from storing hazardous and dangerous materials.

15.

Hours of operation shall be restricted from 6:00 a.m. to 10:00 p.m.

16.

Individual storage units may not be used by tenants to conduct a business. Tenants shall be notified of this restriction through a signed contract with the mini storage facility operator.

D.

Country inns. Country inns (seven (7) to forty (40) rooms) may be established in the Rural Zone provided that:

1.

The proposed parcel size is at least:

a.

Seven (7) to twenty (20) rooms—Ten (10) acres.

b.

Twenty-one (21) to thirty (30) rooms—Fifteen (15) acres.

c.

Thirty-one (31) to forty (40) rooms—Twenty (20) acres.

2.

A site plan is approved pursuant to chapter 16.15.

3.

Country inns, twenty (20) or less rooms in size, do not require a community meeting pursuant to chapter 16.19.

4.

Country inns shall comply with the non-residential rural design, landscape, open space, screening, buffering, signage, and lighting standards set forth in this section.

5.

No more than one (1) country inn or bed and breakfast room or bed and breakfast inn operation per contiguous ownership.

6.

Minimum structural setback (including parking area) shall be established by use of the supplemental setback provisions of this section.

7.

When a proposed country inn is for an existing structure that cannot meet the required setbacks, the decision making authority may adjust setbacks, subject to the applicant demonstrating compatibility with the rural environment.

8.

All country inns shall take primary access, in order of priority, off a county arterial, county collector road highway, or state highway.

E.

Density bonus system.

1.

The density bonus system is designed to provide incentives for cluster development in order to:

a.

Reserve opportunities for future urban development;

b.

Provide permanent preservation of open space, critical areas, wildlife habitat and natural lands; and

c.

Protect agricultural and forest resource lands.

2.

Bonus densities are as follows:

_____

* Note the UGA PRD open space is treated as an urban reserved.

3.

In acting on a request for bonus densities, the director or hearing examiner, as appropriate, may, in order to ensure protection of critical areas and RA, RF, CA and AP lands, require the clusters to be located away from such critical areas and lands or may increase buffers around the critical areas and lands.

4.

The use of density bonuses is authorized through the approval of a PRD pursuant to chapter 16.17. Specific open space and site lay-out standards are established in that chapter. See also section 17.03.180.R. for site coverage requirements when density bonuses are used.

5.

The PRD bonus density will be calculated based on the size in acres of the open space area committed in a perpetual conservation easement with fractional units rounded upward.

6.

Density bonus for a parcel is calculated as follows:

7.

Allowed density is calculated as follows:

_____

F.

Earned development units. An owner of CA zoned property may be allocated earned development units upon approval of a farm management plan. EDUs may be located and used on R, RA, RF or CA zoned properties as specified in an approved management plan and provided the following standards are met:

1.

EDUs shall be allocated only after a conservation easement for the CA zoned parcel is recorded encompassing at least eighty-five (85) percent of the parcel and when the term of the easement is in perpetuity.

2.

EDUs may be added to base density and shall be allocated at the rate of 0.20 EDU per acre of conservation easement.

3.

EDUs may be used on no more than fifteen (15) percent of the parcel and may not be used on lands containing prime agricultural soils. Prime agricultural soils are soils that have the best combination of physical and chemical characteristics for producing food, feed, food production related storage, fiber and oilseed crops and that is available for these uses. Prime agricultural soils have the combination of soil properties, growing season, and moisture supply needed to produce sustained high yields of crops in an economic manner if it is treated and managed according to acceptable farming methods. Upon approval of a management plan the area(s) allocated EDUs zoned CA will be reclassified RA subject to the restrictions imposed by the management plan.

4.

EDUs may be allocated only to lands zoned R, RA, or CA held in one (1) ownership as of the date of approval of the management plan.

5.

EDUs may also be used on R, RA, or CA lands acquired after approval of the management plan so long as the land area of the conservation easement never is less than eighty-five (85) percent as specified above and the management plan is amended to include these lands.

6.

After the farm management plan has been approved, lots created for single family residential use through the use of EDUs shall:

a.

Be established using the applicable land division process provided for in chapter 16.06; and

b.

Comply with the applicable standards found in titles 8, 11, 13, 16 and 17.

7.

Upon approval of the farm management plan by the board, that portion of land where the EDUs have been allocated may be sold or transferred but may not be used in combination with any density bonuses. On R and RA lands, use of residential EDUs may not exceed a density greater than 100 percent of base density.

8.

EDUs may be used for residential or non-residential uses as follows:

a.

Single family residential—One (1) EDU per lot;

b.

Non-residential:

(i)

Campground—One (1) EDU per acre;

(ii)

Boat launches—One (1) EDU per lot;

(iii)

Country inn—One (1) EDU per 2,500 s.f. of gross floor area;

(iv)

Churches—One (1) EDU per 2,500 s.f. of gross floor area;

(v)

Gun clubs and shooting ranges—One (1) EDU per acre;

(vi)

Fire stations—One (1) EDU per lot;

(vii)

Mini storage—One (1) EDU per 2,500 s.f. of gross floor area;

(viii)

Restaurants—One (1) EDU per 2,500 s.f. of gross floor area;

(ix)

Model hobby parks—One (1) EDU per lot.

9.

The use of residential EDUs must be in clusters and the location of both residential and non-residential EDUs must be buffered to protect CA and RF lands and to ensure compatibility with the rural character of surrounding permitted uses. Further, EDUs must be served by rural governmental services and the future need for urban governmental services must be precluded.

10.

Should action by the county or another governmental agency render allocated EDUs unusable, then the county shall reconvey all or a portion of the conservation easement that has been conveyed to the county, proportioned in area to the number of allocated EDUs that have been rendered unusable. With the specific location of the proportioned area to be reconveyed to be determined by the property owner.

G.

Farm management plan. Upon the request of a farm, the board may approve a master plan for the long term management of a parcel designated CA. The plan shall be processed as a Type IV decision pursuant to chapter 16.19. The plan:

1.

Shall establish the general location for the use of earned development units.

2.

Shall identify the action(s) or uses to be permitted by the county to enhance the commercial viability of the parcel.

3.

Shall identify the prime soils contained in the parcel designated CA.

4.

Shall identify the area to be protected by conservation easement and describe how the plan will conserve productive lands.

5.

A farm management plan may be approved only if the conservation easement is in perpetuity and covers at least eight-five (85) percent of the parcel(s) subject to the management plan.

6.

Shall be recorded with the auditor and run with the land.

7.

Shall be approved upon finding that the plan enhances the commercial viability of the farm parcel and that the plan will conserve prime agricultural soils.

H.

Farm produce stands, seasonal farmer's markets, and forest product stands. Farm produce stands and forest products stands may be established outright in the Rural Agriculture, Commercial Agriculture and Rural Forest Zones. Seasonal farmer's markets may be established as temporary use in the Rural, Rural Agriculture, and Commercial Agriculture Zones subject to the requirements of this chapter.

1.

Farm produce, seasonal farmer's market and forest products stands shall meet the land use standards of this chapter and the following requirements:

a.

The structures are designed and used for the sale of farm crops or forest products grown/processed on farms/forest land in the local area;

b.

The structure is no greater than 2,500 gross square feet in size in the RA or RF Zones;

c.

No less than seventy (70) percent of the gross square feet of selling space shall be for perishable farm produce and plants, forest products, products made or assembled by the owner and operator of the stand, private label foods, and seeds, books related to farm and/or rural life, locally made or harvested products and traditional hand-made products;

d.

No more than thirty (30) percent of the gross square feet of selling space may be used for the sale of items generally associated with retail sales of non-local farm or forestry products;

e.

The farm produce, seasonal farmer's markets or forest products stand does not include structures designed for occupancy as a residence;

f.

The activities at a farm produce, seasonal farmer's market or forest product stand are limited to promotion and sale of products and educational activities directly related to agriculture and forestry; and

g.

Farm produce, seasonal farmer's market and forest products stands shall comply with the non-residential rural design, landscape, open space, screening, buffering, signage, and lighting standards set forth in this section.

I.

Accessory dwelling units (ADUs), attached and detached.

1.

A detached ADU or an attached ADU may be established in the Rural, Rural Residential, Rural Agriculture, Rural Forest, and Commercial Agriculture Zones.

2.

No more than one (1) ADU, attached or detached, shall be allowed per single family dwelling unit.

3.

Addresses for ADUs shall be assigned in accordance with section 14.04A.120.I.

4.

All ADUs are subject to applicable Health Department standards for potable water verification and sewage disposal per Chapters 8.09 and 8.07D.

5.

The applicant must apply for a building permit for an ADU to be established as a legal use. All ADUs shall comply with applicable building, fire, and health and safety codes.

6.

Detached ADU. In order to encourage the provision of a variety of housing options, a detached ADU may be established as a permitted use in the Rural, Rural Residential, Rural Agriculture, Rural Forest, and Commercial Agriculture Zones, subject to the following criteria:

a.

No more than one (1) ADU, attached or detached, shall be allowed per single family dwelling unit.

b.

A permit application for an attached or detached ADU must be in the name of the owner of the lot or parcel.

c.

No individual shall receive more than one (1) detached ADU permit per calendar year not to include consultants or agents acting on the behalf of individuals.

d.

A detached ADU shall not exceed 1,200 square feet of gross floor area.

e.

A detached ADU must share a common access, from the public right-of-way, with the single family dwelling to which it is an accessory dwelling.

f.

No home occupation or home industry shall be permitted for the residents of the detached ADU.

g.

Detached ADUs cannot be segregated or separately sold, transferred, given or otherwise conveyed unless the lot is of sufficient size to meet base density and other County Code requirements.

h.

No more than thirty-five (35) building permits for detached ADUs shall be issued by the county each calendar year for properties located outside of urban growth areas.

i.

The detached ADU area shall be calculated pursuant to the description provided for in the definition of gross floor area located in section 17.03.040. However, when measuring gross floor area for a detached ADU, garage/shop space that is not living space shall not be counted in the overall floor area calculation. Internal access to any garage/shop space may be permitted provided any future conversions shall comply with the adopted detached ADU requirements.

j.

A detached ADU is allowed within PRDs, provided all the criteria of section 17.03.180.I.6 is met.

k.

The detached ADU must be setback no more than 100 feet from the primary residence, or be located where the environmental impact is the least, and maintain the rural character.

7.

Attached ADU. In order to encourage the provision of a variety of housing options, attached ADUs may be established as a permitted use in the Rural, Rural Residential, Rural Agriculture, Rural Forest, and Commercial Agriculture Zones, subject to the following criteria:

a.

No more than one (1) ADU, attached or detached, shall be allowed per single family dwelling unit;

b.

No home occupation or home industry shall be permitted for the residents of the attached ADU;

c.

An attached ADU shall be no greater than 1,000 interior square feet;

d.

An attached ADU may be created through:

(i)

Internal conversion within an existing single family dwelling;

(ii)

The addition of new square footage to the existing single family dwelling; or

(iii)

Inclusion in the development plans for, or as part of, the construction of a new single-family dwelling unit.

e.

An attached ADU may have an internal access connection provided between the main dwelling and the ADU.

f.

An attached ADU is allowed within a PRD, provided all the criteria of section 17.03.180.I.7 is met.

g.

Atached ADUs cannot be segregated or separately sold, transferred, given or otherwise conveyed unless the lot is of sufficient size to meet base density and other County Code requirements.

J.

Home industry—Purpose and standards. To provide for small-scale commercial or industrial activities on Rural, Rural Agricultural, Rural Forest, or Commercial Agricultural zoned parcels, accessory to the primary residential/agricultural/forestry use. The scale of the proposals to be considered through this mechanism is typically greater than could be accommodated as a home occupation. Uses that are larger than a home industry must locate in a nonresidential zone.

1.

The following list of uses is not intended to be exhaustive, but rather is intended to be illustrative of the types of uses which the approval authority may consider:

a.

Antique shops;

b.

Art or photography studios;

c.

Auto repair with a maximum of two (2) service bays;

d.

Blacksmith shop;

e.

Construction office;

f.

Furniture repair or refinishing;

g.

Portable lumber mill;

h.

Small day care center;

i.

Kennel;

j.

Pottery shop;

k.

Woodworking shop;

l.

Bed and breakfast inn;

m.

Winery without a tasting room;

n.

Cidery without a tasting room;

o.

Distillery without a tasting room; and

p.

Brewery or micro-brewery without on-site consumption.

2.

A home industry shall meet the requirements of this chapter and the following standards:

a.

In order to establish a new home industry the property owner shall sign an agreement that:

(i)

Acknowledges the requirements of this section; and

(ii)

Agrees that the home industry will be discontinued or brought into strict conformance with the requirements of this section upon notification from the director of any violation of this section.

(iii)

The owner(s) of a home industry shall certify compliance with conditions of approval.

(iv)

When the business no longer complies with the criteria established above and the conditions included in any approval, the business shall relocate to a zoning classification which would permit the activity. Such conditions shall be recorded by the owner against the title of the property with the Island County Auditor.

b.

Minimum parcel size shall be two and one-half (2.5) acres gross site area if no more than two (2) full time, non-family employees are employed on site; otherwise the minimum parcel size shall be five (5) acres.

c.

A site plan is approved pursuant to chapter 16.15.

d.

To qualify as a Type II application, no more than two (2) full-time non-family member employees who reside off the subject property may be employed on-site. More than a total of five (5) full-time employees who reside off the subject property and either work on-site or report to work on-site is prohibited.

e.

More than one (1) home industry may be authorized on a single parcel provided that the total number of employees and gross square feet is not exceeded.

f.

The owner(s) of the business(es) shall be a full-time resident of the lot, tract or parcel proposed for the home industry, except in the Commercial Agricultural Zone where the owner shall be a full-time resident of the contiguous ownership in the vicinity.

g.

No on-site direct retail sales of products not produced on-site are allowed, except for antiques.

h.

All activity related to the conduct of the business or industry shall be conducted within an enclosed structure unless totally screened from view, as approved on the site plan. The outside storage of vehicles, supplies, or materials shall be justification for the imposition of additional requirements as a condition of site plan approval.

i.

A Type II application shall be limited fifty (50) percent of the gross floor area of the dwelling unit but no greater than 800 square feet. A Type III application, shall be required for activities greater than 800 square feet or fifty (50) percent of the gross floor area of the dwelling unit limit but less than a maximum 4,000 square feet gross floor area. Properties which are ten (10) acres or greater may exceed the 4,000 square foot maximum allowable area, provided that the use complies with all applicable county standards.

j.

More restrictive noise standards may be established for specific NR uses in the Rural, Rural Residential, Rural Agriculture, Rural Forest, or Commercial Agricultural Zones.

k.

There shall be no external evidence of any incidental commercial activities taking place within the building.

l.

Only those buildings or areas specifically approved by the county may be used in the conduct of the business.

m.

All home industry activities, parking areas and structures shall be totally screened from the view of adjacent properties, using landscaping, fencing, the retention of native vegetation, or a combination thereof.

n.

The minimum building setback for nonresidential structures from all property lines is fifty (50) feet, which may be increased at the discretion of the approving authority to specific minimize impacts.

o.

Home industries shall comply with the non-residential rural design, landscape, open space, screening, buffering, signage, parking, and lighting standards set forth in this section.

p.

For any home industries the county shall impose such reasonable conditions as may be found necessary to ensure that the activity or use does not disrupt adjacent permitted uses.

K.

Home occupation standards. Home occupations are accessory to the primary residential use and are permitted in any dwelling unit or accessory structure.

1.

The following list of uses is not intended to be exhaustive, but rather is intended to be illustrative of the types of uses:

a.

Artists, photographer and sculptors;

b.

Authors and composers;

c.

Dressmakers, seamstresses and tailors;

d.

Day care nursery;

e.

Home crafts, such as model making, rug weaving, lapidary work, woodworking and ceramics;

f.

Office facility of a minister, rabbi, priest or other similar person associated with a religious organization;

g.

Business office facility of a salesman, sales representative or manufacturer's representative, architect, artist, broker, dentist, physician, engineer, planner, landscape architect, public relations practitioner, instructor in music, arts and crafts, insurance agent, land surveyor, lawyer, musician, real estate agent or typist;

h.

Classes of specialized instruction;

i.

Barbershops and beauty parlors;

j.

Bed and breakfast rooms;

k.

Winery without a tasting room;

l.

Cidery without a tasting room;

m.

Distillery without a tasting room; and

n.

Brewery or micro-brewery without on-site consumption.

2.

A home occupation shall meet the requirements of this chapter and the following standards:

a.

Is clearly incidental and secondary to the use of the property for residential purposes.

b.

May be conducted in the principle dwelling unit or accessory structure.

c.

The area devoted to the home occupation does not exceed fifty (50) percent of the gross floor area of the dwelling unit or 800 square feet, whichever is less. The home occupation may be located in an attached or detached structure.

d.

More than one (1) home occupation may be authorized on a single parcel provided that the total gross square feet and number of employees are not exceeded.

e.

The business must be owned and operated only by full-time residents of the parcel on which the proposed use is being requested.

f.

Has neither outside storage nor other exterior indication of the home occupation or variation from the residential character of the property.

g.

Retail sales are limited to products and services produced on the subject premises or items accessory to a service (i.e., hair care products for beauty salon).

h.

No mechanical equipment shall be used that is not customarily used for residential uses.

i.

For non-farm home occupation, no outdoor storage of goods or materials shall be permitted.

j.

The proposed use shall not generate traffic in excess of that normally generated by typical uses found within the particular zone.

k.

The home occupation does not employ on-site or report to work on-site, more than one (1) full time person other than those of the immediate resident family.

l.

There is no external or internal alteration affecting the character of the dwelling unit or accessory buildings.

m.

Home occupations shall comply with the non-residential rural design, landscape, open space, screening, buffering, signage, parking, and lighting standards set forth in this section.

n.

For any home occupation the county shall impose such reasonable conditions as may be found necessary to ensure that the activity or use does not disrupt adjacent permitted uses.

L.

Institutional uses. Institutional uses may be established as permitted or conditional uses as specifically enumerated in the applicable zone. Provisions shall be made for multi-modal access including transit access or transit stops, and include provisions for non-motorized access to the development as appropriate for the nature and scale of the project. An institutional use shall meet the requirements of this chapter and the following standards:

1.

Churches in the RR, R, RF, and RA Zones.

a.

The proposed parcel is at least two and one-half (2.5) acres in size.

b.

Churches in the RR Zone must be located adjacent to a mixed use rural center RAID or non-municipal UGA.

c.

Churches that are limited to a seating capacity of no more than 150 or fewer persons or a 2,000-square foot assembly area are not subject to the community meeting requirements of chapter 16.19.

d.

A site plan is approved pursuant to chapter 16.15.

e.

Churches shall comply with the non-residential rural design, landscape, open space, screening, buffering, signage, parking, and lighting standards set forth in this section.

f.

All churches shall take primary access, in order of priority, off a county arterial, county collector road highway, or state highway.

g.

One (1) single family dwelling located in conjunction with a church shall be considered an accessory structure and comply with the provisions governing residential uses of the zone in which it is located.

h.

The facilities, including parking and accessory structures, shall not be located on lands identified prime agricultural soils.

2.

Schools.

a.

See table [17.03.180.L.2.a.].

(i)

Schools of thirty-six (36) to 1,000 students. Site plan review of a school designed for thirty-six (36) to 1,000 students shall be a Type III decision pursuant to chapter 16.19 Island County Code.

(1)

Buildings setback—Fifty (50) feet from all property lines.

(2)

Playgrounds setback—Ten (10) feet from all property lines.

(3)

Playgrounds setback—Fifty (50) feet from all roads, excluding interior circulation.

(4)

Access shall only be via a county arterial or county collector road.

(5)

Shall be exempt from the residential/agricultural style requirement of section 17.03.180.P.1.a. Island County Code.

(6)

Natural habitat must be retained and incorporated into the instructional facilities to the extent practical.

(7)

Schools of thirty-six (36) to 1,000 students shall provide delineated safe pedestrian access on school property adjacent to public roads.

(8)

Prior to submittal of a site plan review application, the applicant shall coordinate with Island Transit to determine the appropriate location and facilities for a public transit stop(s) adjacent to or on the proposed school site. These public transit stops must be included on the site plan.

(9)

Minimum lot size: The minimum acreage of the site should be five (5) usable acres and one (1) additional usable acre for each 100 students or portion thereof of projected maximum enrollment plus an additional five (5) usable acres if the school contains any grade above grade six (6). A district may consider the use of a site that is less than the minimum usable acreage provided that:

(A)

The health and safety of the students will not be in jeopardy;

(B)

The internal spaces within the proposed facility will be adequate for the proposed educational program;

(C)

The neighborhood in which the school facility is or will be situated will not be detrimentally impacted by lack of parking for students, employees, and the public; and

(D)

The physical education and recreational program requirements will be met.

(ii)

Schools of seven (7) to thirty-five (35) students. Site plan review of a school designed seven (7) to thirty-five (35) students shall be a Type II decision pursuant to chapter 16.19 Island County Code, unless any one (1) standard exceeds the threshold for Type II decisions, thereby making it a Type III decision pursuant to chapter 16.19 Island County Code.

(1)

Fifty (50) feet of undisturbed buffer shall be maintained along all property lines not fronting roads.

(2)

Building setback from property lines—Fifty (50) feet.

(3)

Playground setback from property lines—Ten (10) feet.

(4)

Playground setback from roads—Seventy-five (75) feet

(iii)

All schools shall comply with the following provisions:

(1)

A site plan must be approved pursuant to chapter 16.15 Island County Code.

(2)

Schools shall comply with all applicable local, state, and federal regulations concerning educational facilities and programs.

(3)

Schools shall comply with the non-residential rural design, landscape, screening, buffering, signage, parking, and lighting standards set forth elsewhere in chapter 17.03, if such standards are not set forth in this section.

(4)

Schools shall comply with the height requirements of the underlying zone.

(5)

Off-street pickup and drop-off spaces shall be provided commensurate with the number of individuals served by the facility so that the neighborhood will not be adversely impacted or children endangered. Areas for school bus pickup and drop-off must be separate from areas for automobile pickup and drop-off.

(6)

Screening shall be provided in the form of plantings, walls, berms, or fencing of such a nature and density as proscribed in the non-residential design guidelines as a condition of issuance of a building permit. Particular attention shall be paid towards maximum screening along those property lines that are adjacent to R and RR zoned lands.

17.03.180.L.2.a.

3.

Water tank in the R and RR Zone.

a.

For water tank over thirty-two (32) feet in height or diameter, a site plan is approved pursuant to chapter 16.15;

b.

The water tank will be set back from property lines a distance equal to one-half (½) the height of the water tank; and

c.

Landscape and lighting standards set forth in section 17.03.180 are met; except that the approving authority may modify the screening/buffering requirements when the water tank is proposed for siting on existing lots owned by the water purveyor or existing lots occupied by an existing water system facility.

4.

Day care nurseries and group homes are permitted uses in the R, RR, RA, RF, or CA Zones and shall comply with the following standards:

a.

The following land use standards listed here in this subsection a. apply only to group homes:

(i)

Is clearly incidental and secondary to the use of the property for residential purposes.

(ii)

May be conducted in the principal dwelling unit or accessory structure.

(iii)

The business must be owned and operated only by full-time residents of the parcel on which the proposed use is being requested.

(iv)

Has neither outside storage nor other exterior indication of the business or variation from the residential character of the property, with the exception that a single 2 ft. X 3 ft. sign may be placed on the exterior wall of the dwelling or within the front yard, which identifies the proposed use.

(v)

No outdoor storage of goods or materials shall be permitted.

(vi)

There is no external or internal alteration affecting the character of the dwelling unit or accessory buildings.

b.

The following land use standards apply both to day care nurseries and group homes:

(i)

Off-street pickup and delivery spaces shall be provided commensurate with the number of individuals served by the facility so that the neighborhood will not be adversely impacted or children endangered.

(ii)

When such a use is located in or adjacent to an existing residential use, screening in the form of plantings, walls, or fencing shall be provided of such a nature and density as determined by the director as a condition of issuance of a building permit.

(iii)

Shall be located so as to minimize the amount of agricultural land loss and shall not be located on prime soils.

(iv)

Day care nurseries shall comply with the non-residential rural design, landscape, open space, screening, buffering, signage, parking, and lighting standards set forth in this section.

(v)

For any group home or day care nursery the county shall impose such reasonable conditions as may be found necessary to ensure that the activity or use does not disrupt adjacent permitted uses.

5.

Small day care center (seven (7) to twelve (12) persons) or group homes (seven (7) to twelve (12) persons) in the Rural, Rural Residential, Rural Agricultural, Rural Forest, or Commercial Agricultural Zones:

a.

The proposed parcel is at least two and one-half (2.5) acres;

b.

All small day care centers or group homes shall take primary access, in order of priority, off a county arterial, county collector road highway, or state highway;

c.

Conducted on the parcel on which the caregiver resides;

d.

Equipment used in the day care operations shall comply with all building setback requirements;

e.

An off-street area shall be provided for vehicles to drop off and pick up of users;

f.

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

g.

Shall be located so as to minimize the amount of agricultural land loss and shall not be located on prime soils; and

h.

Small day care centers and group homes shall comply with the non-residential rural design, landscape, open space, screening, buffering, signage, parking, and lighting standards set forth in this section.

6.

Day care center (greater than twelve (12) persons) or group homes (greater than twelve (12) persons) are permitted in the Rural Center and Rural Village Zones and shall comply with the following standards:

a.

As required by this chapter, a site plan is approved pursuant to chapter 16.15.

b.

Access is provided directly to a public road.

c.

Structures shall comply with the landscape, lighting, site coverage, and non-residential design, landscape and screening guidelines set forth in section 17.03.180.P.

7.

Utilities. (Reserved)

8.

Communication towers.

a.

Purpose. In addition to implementing the general purposes of the comprehensive plan and zoning ordinance, this communication facilities section is intended to:

(i)

Provide for a wide range of locations and options for wireless communication providers while minimizing the visual impacts to surrounding properties and broader viewscapes associated with wireless communication facilities;

(ii)

Encourage creative approaches in designing and locating wireless communication facilities to be compatible with land uses in the area;

(iii)

Require, to the extent possible, co-location of antennas, support structures and related equipment for wireless communication providers, public service communications, and emergency service communications.

b.

General requirements. A land use permit for a communication tower shall become null, void and non-renewable if the facility is not constructed and placed into service within one (1) year of the date of the issuance of the permit. A new permit will be required for subsequent use of the site.

(i)

The county shall be notified of changes in ownership of a communication tower within ninety (90) days.

(ii)

All communication towers shall comply with state and local mechanical, electrical and building codes, FCC requirements, FAA requirements (including FAR Part 77 "Objects Affecting Navigable Airspace").

(iii)

All communication towers must comply with the seismic and wind safety standards specified in the Uniform Building Code.

(iv)

No on-premises storage of material or equipment shall be allowed other than that used in the operation and maintenance of the wireless communication facility.

c.

Permit requirements.

(i)

Roof-mounted wireless communication antenna arrays that do not project more than ten (10) feet above the height of a legal building, measured at any point along the roof shall be reviewed as a Type I decision pursuant to chapter 16.19 in all zones. All roof-mounted arrays must be fully camouflaged using a decorative chimney structure or a similar technique that fully conceals the array.

(ii)

Side-mounted wireless communication antenna arrays that do not project more than forty-two (42) inches away from a building's facade may be permitted as follows:

(1)

If located in a Non-Residential Zone it may extend twenty (20) feet above the mounting bracket and shall be appropriately camouflaged to blend with its surroundings and permitted as a Type I permit pursuant to section 16.19. In no case shall an array project into an easement, driveway or setback.

(2)

Facilities located in all other zones may extend ten (10) feet above the mounting bracket and shall be camouflaged using a decorative chimney structure or a similar technique that fully hides the array. These facilities shall be reviewed as a Type I permit pursuant to section 16.19 and in no case shall an array project into an easement, driveway or setback.

(iii)

The placement of whip antennas or flush mount arrays on existing structures such as power poles, light poles for street and parking lots, and light standards for recreational fields is the preferred option. The existing structure may be replaced with a similar diameter pole not exceeding one and one-half (1.5) times the height of the original pole. The pole extension may not exceed the diameter of the pole at the mounting point. Setback and site coverage requirements of chapter 17.03 shall not apply to these projects. If the project meets these standards it shall be processed as a Type I application pursuant to chapter 16.19 in all zones.

(iv)

Wireless communication facilities utilizing one (1) mono-pole structure shall be reviewed as a Type II decision pursuant to section 16.19 in all zones except the Rural Residential Zone. Mono-pole facilities in the Rural Residential Zone shall be reviewed as a Type III decision pursuant to section 16.19.

(v)

Any wireless communication facility with lights or signals on the tower shall be reviewed as a Type III decision pursuant to section 16.19.

(vi)

Any other wireless communication facility not described in this section shall be reviewed as a Type III decision pursuant to section 16.19.

(vii)

All Type II and Type III applications shall be subject to the community meeting requirements listed in section 16.19.050.

(viii)

Prior to permit approval, a signed copy of the FAA Form 7460-1 must be submitted to the county if the facility is located within five (5) miles of any airport. The county may incorporate comments provided in the FAA Form 7460-1 into its decision as conditions.

d.

Exemptions. All of the following are exempt from the regulations of this section:

(i)

Emergency or routine repairs or routine maintenance of previously approved facilities, or replacement of transmitters, antennas, or other components of previously approved facilities which do not create a significant adverse change in visual impact or an increase in radio frequency emissions levels;

(ii)

Amateur and citizen band transmitters and antennas;

(iii)

Two-way communication transmitters used on a temporary basis (less than ninety (90) days) by "911" emergency services, including fire, police, and emergency aid or ambulance services.

e.

Existing communication towers. All existing communication towers shall be subject to the provision of section 17.03.230.F.

f.

Electromagnetic field/radio-frequency radiation standards. Installation of a wireless communication facility shall conform to standards required by the Federal Communication Commission's (FCC) regulations and the Telecommunications Act of 1996.

g.

Screening and siting standards. Every effort shall be made by the applicant to locate towers within an area of mature tall trees or clearly demonstrate why that is not possible. Communication towers and associated structures shall be surrounded by existing mature native vegetation equal to the required setbacks. The setback area shall be contained in a recorded buffer retention agreement with provisions to preserve the screen trees.

The wireless communication facility shall not protrude more than forty-five (45) feet above the surrounding average tree height and average tree height shall equal or exceed two-thirds (⅔) of the overall height of the tower. For example, a ninety-foot communication facility would have to be sited in an area where the average tree height was at least sixty (60) feet. Topping is allowed to maintain this dimension. Excessive topping shall be grounds for permit revocation.

Where siting among a dense stand of mature trees is not possible concealment technology shall be employed. All landscaping required shall be maintained to promote normal and healthy growth. The county may require installation of additional vegetation if needed to effectively screen the base of the facility as needed to ensure visual compatibility with surrounding property.

h.

Height and setback standards. Communication towers in the Rural Residential Zone may not exceed sixty (60) feet above ground level. All new communication towers shall maintain a setback on all sides equal to the total height of the tower or a fifty-foot minimum setback on all sides measured from property boundaries whichever is greater. The setback may be achieved by recording a mutually agreed easement with neighboring property owners. The county may reduce the setback requirements in those cases where a site has been found that will provide excellent visual compatibility with surrounding properties without the need for the required setback.

i.

Co-location. Existing communication towers within the intended service area shall provide for co-location unless the tower is not structurally or technologically feasible for co-location or is not made available at a market rate cost or the site is not made available for sale or lease by the landowner.

(i)

Applicants shall demonstrate a good faith effort to co-locate with other carriers by:

(1)

Contacting all the other licensed carriers for wireless communications within the intended service area.

(2)

Sharing information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location.

(3)

In the event co-location is found to be feasible, the applicant shall utilize the existing facility.

(4)

The county may deny a land use permit if the applicant does not demonstrate a good faith effort to co-locate on an existing facility.

(ii)

Communication towers permitted under this chapter shall design the facility to accommodate co-location. The following provisions shall apply:

(1)

All new communication towers shall accommodate co-location for two (2) additional carriers. If this is not possible a detailed technical analysis must be submitted demonstrating why co-location is not possible. Island County may deny a project for a communication tower if co-location is not provided.

(2)

An owner of a communication tower approved under this chapter may not deny a wireless provider the ability to co-locate on their facility at a fair market rate or at another cost basis agreed to by the affected parties.

(3)

In the event co-location is found to be not feasible, a detailed written statement or report demonstrating the reasons for the unfeasibility shall be prepared by the applicant. The county and the applicant may retain a mutually acceptable technical expert in the field of RF engineering to review the applicant's unfeasibility report. The technical expert will provide comments on the unfeasibility report and provide comments on how the facility could be designed to accommodate co-location if possible. The cost for such a technical expert will be at the expense of the applicant.

j.

Facility color. Communication towers and related equipment facilities shall be in colors visually compatible with their surrounding. The color shall be determined through the permit process to help ensure the facility blends with its surroundings. If the facility penetrates (FAR) Part 77 airspace then the color may be prescribed by the FAA to address air traffic safety concerns. Wooden poles are not required to be painted.

k.

Signage. No signs shall be permitted on towers except those required by state or federal laws. One (1) non-illuminated identification sign listing 24-hour emergency telephone numbers shall be required per development site.

l.

Security barrier. Communication Towers and associated structures shall be surrounded by fencing for the security of the facility and the aesthetics of the surrounding area. Fencing shall be at least six (6) feet high and the lighting shall comply with the lighting standards of chapter 17.03. The county may require a solid wooden fence face if needed to help ensure visual compatibility.

m.

Lights and signals. No lights or signals shall be permitted on towers unless required by the FCC or the FAA. All building-mounted lighting and aerial-mounted lighting, shall be shielded so that the direct illumination is confined to the property boundaries of the sight source unless such shielding is prohibited by the FAA or other federal or state authority. If lighting is required on the tower it shall be designed so that it, to the full extent possible, minimizes impacts on neighboring property. Unless otherwise required by federal or state authorities tower mounted lights shall be intermittent rather than steady.

n.

Noise. No equipment shall be operated so as to produce noise in violation of the maximum noise levels set forth in WAC 173-60.

o.

Special application requirements. All Type I, II and III applications shall provide all minimum application requirements listed in section 16.15.040 and the following:

(i)

Vicinity map at a scale of one (1) inch equals forty (40) feet showing the following:

(1)

Property lines for the subject property and all properties within 300 feet of the subject property;

(2)

If the applicant has purchased an easement or is leasing a portion of a site owned in fee simple by a third party, the boundaries of the easement or leased area shall be shown;

(3)

Structures located on all properties shown on the vicinity map;

(4)

Location of all public and private roads;

(5)

If the site is owned fee simple by the applicant a statement of intent on whether excess space on the site will be leased;

(6)

Proof of ownership of the proposed site or authorization to utilize it;

(7)

Copies of lease agreements, and/or easements.

(ii)

Siting elevations or views at-grade from the north, south, east and west. Elevations shall be at either one-quarter-inch equals one (1) foot or one-eighth-inch equals one (1) foot scale and show the following:

(1)

Antennas, mounts and equipment cabinet(s);

(2)

Security barrier. If the security barrier will block views of the wireless facility, the barrier drawing shall be cut away to show the view behind the barrier; and

(3)

Grade changes, or cuts and fills, to be shown as original grade and new grade line.

(4)

A cross section of the facility shall be provided showing locations and apparatus associated with co-location as required.

(iii)

Design submittals.

(1)

Appearance shown by photographs of the subject property on one (1) or more superimposition of a scaled representation of the tower. The scaled representation shall include the antennas, mounts, equipment cabinets and security barrier, if any;

(2)

Landscape plan including existing trees and shrubs and proposed trees and shrubs to be added, identified by size of specimen at installation and species; and

(3)

Maintenance specifications and projected maintenance schedule.

p.

Criteria for approval. All Type II and III applications shall meet the following review criteria:

(i)

All applications shall meet the requirements of this chapter except for the site coverage/open space requirements specified in section 17.03.180; and

(ii)

All applications shall meet the requirements applicable to a communication tower facility that are listed in section 16.15.060 (Criteria for approval); and

(iii)

Prior to permit approval all applications shall be accompanied with a completed Federal Aviation Regulation (FAR) 7460-1 Airspace Form with applicable agency comments if the facility is located within five (5) miles of any airport. The county may incorporate comments provided in the (FAR) Part 77 Airspace Form into its decision as conditions; and

(iv)

A location shall be found that will to the extent possible allow the facility to blend with and not substantially disturb the visual character of its setting; and

(v)

The silhouette of the personal wireless facility shall be reduced to accommodate minimum visual impact. The latest technology related to the system utilized by the provider shall be utilized to reduce the silhouette, height, noise and general visual impact of the facility; and

(vi)

When there is a technical disagreement relating to location, height or related issues the county and the applicant may retain a mutually acceptable technical expert in the field of RF engineering to provide technical advice to the county on the proposal. The cost for such a technical expert will be at the expense of the applicant; and

(vii)

Carriers shall employ bird warning devices/flight diverters on all facilities extending above the average tree height. Applications shall include specifications of such devices including proposed mounting locations.

q.

If technology should change and communication towers become obsolete, and the use of the tower abandoned or discontinued the applicant shall remove all structures and buildings within 180 days of the abandonment or discontinuation of use.

9.

Fire stations.

a.

The minimum lot size shall be five (5) acres for all fire stations having more than two (2) bays or having 4,000 square feet or more of gross floor area and site plan review of these fire stations shall be processed as a Type II decision pursuant to chapter 16.19. There shall be no minimum lot size for fire stations of one (1) or two (2) bays and smaller than 4,000 square feet of gross floor area and these fire stations shall be processed as a Type I decision pursuant to chapter 16.19.

b.

A site plan must be approved pursuant to chapter 16.15. A letter stating that co-location of police facilities has been discussed with the Island County Sheriff and must be attached to the site plan application. If co-location is not planned, then the reasons for that determination must be enumerated in the attached letter.

c.

Primary access for emergency use of station equipment must be to and from a county arterial, county collector road highway, or state highway. If a fire station abuts more than one (1) road type, then all access shall be via the higher class of road, when practical, i.e. if a fire station abuts a county arterial and a county collector, then all access shall be via the county arterial.

d.

A signal must be located at the primary access to control traffic during emergency responses.

e.

Fire stations shall comply with the non-residential rural design, landscape, open space, screening, buffering, signage, parking, and lighting standards set forth in this chapter, unless noted in this section.

f.

Fire station design and layout should be "layered" in order to integrate buffering into the station design and layout. Vehicle bays shall be closest to the road and farthest from adjacent properties. Residential or dormitory facilities shall be located closest to adjacent properties. Meeting rooms, offices, or other similar facilities shall be located between the two (2) other primary uses of the fire station.

g.

Any building from which fire-fighting equipment emerges onto a street shall have a minimum setback of thirty-five (35) feet from such street.

h.

Within the Camano Gateway Village (CGV) Zone the following alternative standards shall apply:

(i)

Fire stations may include storage facilities, maintenance facilities, administrative facilities, temporary emergency housing, meeting room facilities, communications towers, and training towers; and

(ii)

Fire stations that exceed the square footage standard for permitted uses, or that exceed the standard height limit of the CGV Zone, or that include a helipad will be processed as a Type II conditional use; and

(iii)

There is no minimum lot size for fire stations in the CGV Zone; and

(iv)

The maximum building size shall be 20,000 square feet; and

(v)

The maximum height of communication towers shall be 100 feet; and

(vi)

The maximum height of training towers shall be fifty (50) feet; and

(vii)

The maximum size of a helipad shall be 1,000 square feet; and

(viii)

For fire stations that exceed 4,000 square feet, or that exceed the standard height limit, or that include a helipad, more rigorous architectural and landscaping standards shall be required that help mitigate the visual impact of these features; and

(ix)

Alternative site coverage ratios may be applied through the site plan review permit process. Low impact development, on-site infiltration, or other methods to mitigate impacts of more impervious surface, less open space, and increased building coverage must be included and reviewed through the site plan review process.

10.

Kennels and animal shelters are subject to the following standards:

a.

The minimum parcel size shall be five (5) acres.

b.

All kennels, runs and other facilities shall be designed, constructed, and located on the site in a manner that will minimize the adverse effects upon the surrounding properties. Among the factors that shall be considered are the relationship of the use to the topography, natural and planted horticultural screening, the direction and intensity of the prevailing winds, the relationship and location of residences and public facilities on nearby properties, and other similar factors.

c.

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

d.

Animals shall be sheltered in suitable, noise attenuating, clean structures.

e.

All waste shall be disposed of in a sanitary manner as approved by the Island County Health Department.

f.

If animals are kept or let outside unleashed, they shall be kept in a fenced and screened enclosure.

g.

Kennels and animal shelters shall comply with the non-residential rural design, landscape, open space, screening, buffering, signage, parking, and lighting standards set forth in this section.

h.

Visual screening, increased setback, increased lot size and other conditions may be required by the approval authority taking into account safety, noise and odor factors.

M.

Outdoor storage of junk and junk vehicles. The purpose of this subsection is to expand the county's authority to regulate outdoor storage of junk and junk vehicles. Controlling outdoor storage of junk and eliminating junk vehicles from view will help preserve the safety and rural character and maintain the esthetic value of our neighborhoods in Island County. This subsection shall be liberally construed to implement its purpose.

1.

Outdoor storage of junk vehicles may be permitted in association with, and secondary to, a legally established permitted use. In order for outdoor storage of junk vehicles to be considered secondary the following standards shall be adhered to:

a.

Not more than one (1) junk vehicle may be placed or situated on a parcel that is one (1) acre or less in size.

b.

Not more than two (2) junk vehicles may be placed or situated on parcels that are one (1) to five (5) acres in size.

c.

Not more than five (5) junk vehicles may be placed or situated on a parcel that is greater than five (5) acres in size.

d.

Junk vehicles shall have all batteries and fluids properly removed and disposed of to protect the groundwater supply pursuant to applicable Island County Health Department regulations.

2.

Outdoor storage of junk is subject to the following standards:

a.

Outdoor storage of junk is permitted at a scale and intensity that is commonly associated with, and secondary to, a legally established permitted use; or

b.

At a scale and intensity that exceeds what is commonly associated with and secondary to a permitted use, which may be permitted if all items are completely screened from view through the use of berms, landscaping, fencing and/or existing native vegetation.

3.

The following are exceptions to the above standards:

a.

Storage of junk and/or junk vehicles which is completely enclosed within a legally constructed building.

b.

Outdoor storage of junk vehicles may exceed the thresholds established in subsection M.1. above provided that:

(i)

It is secondary to a legally established permitted use, including agricultural equipment; and

(ii)

All vehicles are completely screened from view through the use of berms, landscaping, fencing and/or existing native vegetation;

c.

Outdoor storage of junk and/or junk vehicles or parts thereof which are stored or parked in a lawful manner on private property in connection with a business of a licensed dismantler or licensed vehicle dealer that is a legally established permitted or conditional use and is fully screened.

N.

Mobile homes.

1.

Mobile/manufactured homes in the Rural Residential Zone and on lots smaller than two and one-half (2.5) acres in the Rural Zone shall meet the requirements of this chapter and the following standards:

a.

The size, construction, siting, and other features of the mobile/manufactured home shall be compatible with the surrounding residential properties by meeting the following minimum standards:

(i)

The mobile/manufactured home shall be of double or multi-sectioned construction, provided that a single-wide mobile/manufactured home shall be allowed within an existing mobile/manufactured home park and/or as a replacement to an existing single-wide unit which was legally installed on the same individual lot;

(ii)

Roof pitch shall be not less than a two and one-half (2.5) foot rise for each twelve (12) feet of horizontal run; and

(iii)

Roof construction shall be of non-reflective materials.

b.

Mobile/manufactured homes shall be installed with full skirting which is compatible in material, color, and pattern with the siding of the mobile/manufactured home or by using a perimeter masonry foundation. This condition shall be met within thirty (30) days of placement of the mobile/manufactured home on a lot;

c.

All mobile/manufactured homes shall be placed on permanent foundations;

d.

Wheels and towing tongues shall be removed;

e.

All clearance and tail lights shall be removed; and

f.

All mobile/manufactured homes shall be provided with permanent electrical and plumbing connections and facilities and sewage disposal systems.

2.

Mobile/manufactured homes in all zones shall meet all of the standards and requirements of the State of Washington, Island County, and any other applicable government regulations in effect at the time of installation. The mobile/manufactured home shall bear an insignia issued by a state or federal regulatory agency indicating that the mobile/manufactured home complies with all applicable construction standards of the U.S. Department of Housing and Urban Development or that it passed a state systems inspection at the time it was constructed or has since passed a state alteration/fire safety inspection.

O.

Mobile/manufactured home parks. Mobile/manufactured home parks may be developed in the Rural Zone, processed as a Type III decision pursuant to chapter 16.19, on parcels ten (10) acres or larger in size but not greater than twenty (20) acres in size subject to the following standards:

1.

Maximum park density. Maximum density for mobile/manufactured home parks shall be one and one-half (1.5) dwelling units per acre.

2.

Roadways and multi-modal access. All interior roadways shall be built in accordance with the provisions of chapter 11.01 and access and circulation requirements of section 17.03.180.Q.6.

3.

Setbacks. All mobile/manufactured homes within a park, together with their additions, appurtenant structures, accessory structures and other structures on the site, excluding fences, shall meet the roadway setback requirements of this chapter and the structure separation criteria of chapter 8.03A, provided that carports, garages and/or personal storage units may abut a mobile/manufactured home. The side and rear yard setback shall be fifty (50) feet from the exterior boundary of the park and shall apply to all structures.

4.

Minimum space per mobile/manufactured home.

a.

Single-wide units—3,200 square feet.

b.

Double-wide units—4,300 square feet.

c.

Triple-wide units—5,400 square feet.

5.

Installation requirements. All homes sited in mobile/manufactured home parks shall meet the installation requirements of chapter 14.01A and the requirements of sections 17.03.180.N.1.b. and 17.03.180.N.2.

6.

Landscaping/buffering/perimeter requirements. Landscaping in accordance with an approved detailed landscape plan shall include the following as necessary to assure visual compatibility with surrounding uses:

a.

Berms for noise screening;

b.

A minimum fifty-foot-wide planting strip of evergreen trees and shrubs along the exterior site boundary;

c.

Where abutting a county roadway, the planting strip shall be a minimum of fifty (50) feet wide, provided that a minimum twenty-five-foot strip may be considered sufficient when it can be demonstrated that, with earth sculpturing and recontouring, the development is adequately buffered;

d.

Proposed interior plantings of native vegetative species;

e.

Those areas to be preserved in their natural state; and

f.

Proposed fencing.

7.

Community recreation/open space. All mobile/manufactured home parks shall reserve a minimum of thirty-five (35) percent of the site area for common, functional open space. The planting strips required in [subsection] O.6., above, shall not be counted as open space. Open space may include community recreational areas and facilities such as playgrounds and swimming pools.

8.

Individual storage sheds. Individual storage units are encouraged in mobile/manufactured home parks. No outside storage of household item and equipment shall be permitted within a park. It shall be the responsibility of the park management to ensure compliance with this requirement.

9.

Bulk storage and parking for RVs, boats, trailers, etc. A bulk storage/parking area shall be provided within a mobile/manufactured home park. A minimum of 300 square feet of space, exclusive of driveways, shall be provided for every ten (10) home spaces. Said area shall be separated from all other parking facilities, shall be provided with some means of security and shall be visually screened with a vegetative buffer or fence. The requirements of this subsection may be waived by the hearing examiner when the mobile/manufactured home park developer/owner agrees to prohibit the storage of such items within the park.

10.

Laundry facilities. Such facilities shall be provided pursuant to section 8.03A.040.I.

11.

Parking requirements. Parking spaces shall be provided in compliance with the requirements of this chapter, provided that off-street guest parking shall also be provided at the ratio of one (1) parking space for each four (4) mobile/manufactured home spaces and shall be distributed for convenient access to all spaces. Such parking may be provided by a parking lane and/or separated parking areas.

12.

Lighting. Adequate lighting shall be provided to illuminate streets, driveways and walkways for the safe movement of pedestrians and vehicles.

13.

Signage. All signs in a mobile/manufactured home park shall comply with the requirements of this chapter.

14.

Utilities. All water, sewer, electrical and communication service lines shall be located underground.

15.

No home occupation or home industries shall be conducted within a mobile/manufactured home park.

P.

Non-residential design, landscape and screening guidelines. The guidelines set forth in this section apply to all non-residential buildings, including institutional uses and essential public facilities in the R, RR, RA, RF, CA, RC, RV, CGV and RS Zones. Unless otherwise specified, the standards are intended as general guidelines to ensure that a proposal is visually compatible with adjacent uses. The purpose of these guidelines is to protect and enhance rural character. Visual compatibility shall be achieved by building or structural design, landscaping, site modifications such as berms or any combination thereof. In the R, RR, RA, RF, and CA Zones, the applicant has the option of complying fully with building design standards or totally screening the development from the view of adjacent properties and shoreline and roadway vistas. These guidelines are illustrated in Appendix C ^[11] to this chapter.

1.

Building design in the R, RR, RA, RF, and CA Zones:

a.

Buildings shall be designed to appear similar in height, size, placement, style, materials, color and design to residential or agricultural structures, except that for essential public facilities the approving authority may waive design requirements as determined by the approving authority to be necessary and appropriate to the type and location of the essential public facility.

b.

Bright or brilliant colors shall not be used. Materials used for exterior surfaces of all structures shall blend in color, hue and tone with the characteristics of the surrounding natural terrain to avoid high contrast.

c.

Structures of varying heights clustered together are preferred to one (1) large structure or the repetition of structural design.

d.

Maximum building height is thirty-five (35) feet (excluding existing structures). 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.

e.

Large doors and blank walls visible from the adjacent public road or adjoining private property shall be avoided. Windows, wall modulation, materials of varying texture and landscaping shall be used to break up blank walls.

2.

Building design in the RC, RV, CVG and RS Zones:

a.

Buildings should use weather protection such as awnings or porches, large windows and clearly defined doorways.

b.

The appearance of buildings should be of painted or natural wood, or materials that simulate wood, with sloped roofs, with regularly spaced windows with contrasting trim. Buildings of stucco and fake mansard roofs that dominate the structure are discouraged.

c.

Mixed use buildings are encouraged and second floors devoted to residential or non-residential uses that are different than ground floor uses are preferred.

d.

Street front blank walls should be avoided.

e.

Building design requirements specific to the CGV Zone:

(i)

Where no roof top gardens, roofscape and enhanced roof top design are incorporated, flat roofs with parapets or railings may be used; and

(ii)

Street front blank walls shall be avoided by architectural techniques that break up the facade.

3.

Landscaping, buffering, and screening in the R, RR, RA, RF, and CA Zones:

a.

The section prescribes the purposes and standards for screening and buffering. These goals are:

(i)

To preserve and enhance the natural environment and aesthetic qualities of the county;

(ii)

To preserve and enhance the appearance, character and value of surrounding properties;

(iii)

To minimize the visual impacts of developed parking areas;

(iv)

To provide cover, corridors, and habitat for wildlife;

(v)

To minimize the negative impacts of erosion, noise and air pollution, wind and glare; and

(vi)

To ensure the following:

(1)

Compatibility of non-residential uses with residential uses;

(2)

Buffers between incompatible land uses;

(3)

Screening of objectionable light;

(4)

Softening of building masses;

(5)

To attenuate and contain noise;

(6)

Preserving privacy;

(7)

Attractive appearance along county roads; and

(8)

Enhancement of the quality of life and general welfare.

b.

Landscape and screening in the R, RR, RA, RF, and CA zones:

(i)

Regional native vegetation should be retained to the extent possible and also used to supplement existing vegetation.

(ii)

Berms are encouraged if needed to screen non-residential structures and parking lots from adjacent properties or public roads.

(iii)

Buffers adjacent to public roads and/or overhead utilities shall be increased in size to ensure that the buffer width is maintained where the right-of-way of the adjoining public roadway is less than the standard specified in chapter 11.01 and when either the public agency does not purchase the additional right-of-way or the applicant does not dedicate the additional right-of-way in conformance with chapter 11.01.

(iv)

Existing regional native vegetation and additional landscaping as needed should screen security fencing visible from public roads.

(v)

Completion of all landscape plans shall be assured as follows:

(1)

The applicant may post a surety bond or provide other financial assurances, equal to 200 percent of the estimated cost of materials and installation, or may enter into other implementation agreements as are approved by the director.

(2)

Release of any surety for completion of landscaping shall not occur until a final landscape inspection, and a plan completion sign-off has been made by the director. Any portion of the landscaping not completed in accordance with the approved landscaping plan shall be cause for the plan not to be signed and/or cause for the surety to be used by the county to complete the installation.

(3)

At such time as the design is agreed upon by the applicant and the director, both shall sign the site design, attesting to that agreement.

(4)

At such time as the landscape improvements have been completed in accordance with the approved plan, the applicant shall notify the director thereof, and upon satisfactory inspection, the director shall sign and date the plan, attesting to its completion.

(vi)

Landscape maintenance.

(1)

Dead or dying vegetation must be replaced immediately or if in winter, within the next planting season; and

(2)

Landscape structures in disrepair or destroyed must be repaired or replaced to serve original purpose.

c.

Rural character buffer [in] the R, RR, RA, RF, and CA Zones. For NR uses/structures a "full screen" that functions as a complete visual barrier shall be provided, if the applicant chooses full screening in lieu of complete conformance to the design requirements of this section.

d.

Screening may be combined with design to achieve visual compatibility. A project must be screened with native vegetation, landforms, natural features, and undisturbed open space to ensure that the proposed non-residential structures and activity are compatible with the character of surrounding permitted uses. Landscaping may be required for privacy, visual screening, sound deadening, appearance enhancement or other purposes determined desirable by the director for the purpose of insuring compatibility of the proposed use with that of existing and anticipated future uses in the zone.

4.

Landscaped and screening in the RC, RV, CGV and RS Zones:

a.

Open storage, trash or recycling areas shall be screened by fencing and/or landscaping.

b.

Parking lots of ten (10) vehicles or more shall contain internal planting islands with landscaping and street trees at the rate of one (1) tree per four (4) parking spaces.

c.

Landscaping including street trees spaced no further than ten (10) feet on center shall be required in all front and side yards between the structures and for parking areas and the abutting public road.

d.

Benches or seating areas in setbacks are encouraged.

e.

Landscaping and screening requirements specific to the CGV Zone:

(i)

Street (sidewalk) scape of brick or stone inlayed paving and landscaping placed in undulating or standard areas in setbacks are encouraged.

(ii)

Roof top and ground level mechanical equipment shall be visually screened with either man-made enclosures or landscaping.

(iii)

Non-native invasive species shall not be permitted.

5.

Screening: When no specific screening requirements are established in this chapter, any project must be screened with landscaping, landforms, natural features, undisturbed open space areas and/or fences to ensure that the proposed activity, structures and use are compatible with the character of surrounding permitted uses.

6.

Significant tree retention in the OH-I, OH-HSC, OH-PBP, OH-PIP, and non-residential development, short subdivision and subdivision in the OH-R Zones shall meet the following standards:

a.

Applicants should retain fifteen (15) percent of the significant trees found on the property except for those trees found in building footprints, access roads, parking areas and utility lines trenches. Applicants should give attention to the following:

(1)

Preservation of significant trees along the perimeter of the property; and

(2)

Preservation of significant trees near or adjacent to critical areas; and

(3)

Preservation of significant trees, which create a distinctive skyline, feature; and

(4)

Preservation of Garry Oak Trees; and

(5)

Trees that may constitute a safety hazard should be removed; and

(6)

Special attention shall be given to the preservation of significant trees on properties identified in the 1995 Oak Harbor Comprehensive Plan, Environmental Element, Woodlands Map.

b.

An inventory of significant trees shall be submitted with all applications for subdivision, short subdivision or site plan review.

7.

Landscaping screening and buffering in the OH-I, OH-HSC, OH-PBP and OH-PIP Zones shall meet the following standards:

a.

Open storage, trash or recycling areas shall be screened by fencing and/or landscaping; and

b.

Landscaping including street trees spaced no further than twenty (20) feet on center shall be required in all front yards and the abutting public road; and

c.

Buffers between industrial zones and adjacent residential properties shall be planted along the common boundary. The plantings should include coniferous shrubs, trees and native vegetation. Fencing may be incorporated to help ensure an effective visual buffer.

8.

Landscaping for OH-I, OH-PIP, OH-PBP and OH-HSC lands abutting Goldie Road and Oak Harbor Road shall meet the following standards:

a.

A twenty-foot landscape setback shall be established; and

b.

The area between the property line and drainage swale shall be planted with low profile foliage; and

c.

The landscape area shall be planted with a mixture of native evergreen trees containing a variety of species, colors and textures for a year-round green attractive appearance; and

d.

If the landscape buffer setback does not have existing significant vegetation, the buffer will be planted with native evergreen trees. If deciduous trees are desired they may be planted at a rate of two (2) evergreen to one (1) deciduous tree; and

e.

Maximum spacing of trees shall be ten (10) feet on center or equivalent grouping or equivalent as determined by site and existing conditions; and

f.

Roadway and intersection requirements shall prevail if a conflict arises with the landscape standards listed herein.

Q.

Parking, access, and circulation.

1.

Off-street parking, loading and unloading: In all zones space for the off-street storage and parking of vehicles shall be reserved and improved for use at the time any building or structure is erected, enlarged, or expanded in height or ground coverage. Provision shall also be made when an existing use or structure is modified, altered or changed such that the number of required parking spaces is increased by more than ten (10) percent over the number required by the use or building prior to the change or alteration.

2.

Minimum requirements: Unless otherwise provided, the minimum required off-street parking spaces for allowed uses, exclusive of employee parking spaces, shall be as follows:

a.

Single-family, mobile/manufactured home, duplexes, and triplexes: Two (2) spaces for each dwelling unit.

b.

Business or professional offices, medical or dental clinics: One (1) space for each 250 square feet of gross floor area.

c.

Church, mortuary, funeral home: One (1) space for each six (6) seats in the chapel or nave.

d.

Bowling alleys: Two (2) spaces for each lane.

e.

Dance hall, place of assembly and exhibition halls without fixed seats: One (1) space for each 100 square feet of gross floor area.

f.

Attached or detached ADUs: One (1) space.

g.

Food stores, drug stores, and neighborhood shopping centers: If gross floor area is less than 3,000 square feet, one (1) space for each 300 square feet of gross floor area; if gross floor area is 3,000 square feet or more, one (1) space for each 300 square feet of gross floor area.

h.

Country inns, hotels and motels: One (1) space for each room or suite plus required spaces for any restaurant, assembly rooms or other associated uses.

i.

Hospitals, sanitariums, convalescent homes, nursing homes and rest homes: One (1) space for every three (3) patient beds.

j.

Furniture, appliance, hardware stores, household equipment, personal service, clothing, and other retail stores: One (1) space for each 400 square feet of gross floor area and a minimum of four (4) spaces.

k.

Eating and drinking establishments serving both inside and outside the building: One (1) space for each 150 square feet of gross floor area.

l.

Bed and breakfast room and inns: Two (2) spaces plus one (1) space per guest room.

m.

Skating rinks and other commercial recreation uses: One (1) space for each 150 square feet of gross floor area.

n.

Wholesale stores, warehouses, storage buildings, motor vehicles, or machinery sales: One (1) space for each employee with a minimum of four (4) spaces.

o.

Mixed-use: The sum of the requirements for the various uses computed separately.

p.

Multifamily and fourplexes: One and one-half (1.5) spaces per dwelling unit.

q.

Entertainment: One (1) space for each 300 square feet of gross floor area.

r.

Light manufacturing: One (1) space for each 1,000 square feet of gross floor area.

s.

Schools: This rule does not apply to schools of less than thirty-six (36) students. Schools, except high schools, shall provide a number of parking spaces at least equal to twenty-five (25) percent of the school's student capacity. High schools shall provide a number of parking spaces at least equal to fifty (50) percent of the school's student capacity. Schools are limited to a maximum amount of parking spaces equal to 110 percent of the minimum parking required for the school. Consideration shall be given to use of pervious surfaces for parking areas.

t.

Unspecified uses: In the case of a use not specifically mentioned in this section, the Planning Director shall establish the minimum number of spaces for off-street parking facilities.

u.

Shared parking: Joint use of parking facilities is encouraged and when two (2) or more uses share parking, the Planning Director may modify parking requirements based on parking demand studies prepared by an applicant.

3.

Location of parking spaces: Required off-street parking spaces shall be located as follows:

a.

For any type of dwelling unit: On the same lot with the building or use to be served.

b.

For any other use except one (1) served by an approved joint-use parking facility: On the same lot with, or not more than 300 feet from the building or use to be served.

c.

In the RC Zone, when feasible, parking shall be located in the rear yard.

d.

In the RV Zone, when feasible, parking shall be located in the rear or side yard except one (1) internal circulation road with one (1) perpendicular row of parking is allowed in the front yard.

e.

In the RS, LM and AP Zones parking shall be located adjacent to the permitted use when feasible.

4.

Standards: Any parking facility for ten (10) or more vehicles shall be developed in accordance with the following requirements:

a.

The parking facility shall be surfaced, graded and drained so as to dispose of surface water to the satisfaction of the county engineer, and shall be maintained in good condition, repair and free of weeds, dust, trash, and debris.

b.

The location and design of all entrances and exits on public roads shall be approved by the county engineer.

c.

Each parking space for a standard size car shall have a minimum area of 162 square feet, and a minimum width of nine (9) feet. Each space for a compact car shall have a minimum area of 128 square feet and a minimum width of eight (8) feet. Spaces for the compact cars shall not exceed thirty (30) percent of the total spaces, and shall be distributed throughout the parking facility.

d.

Parking lots in the R, RA, RF and CA Zones may be gravel.

e.

In the RC and RV Zones, shared driveways are encouraged and drive through lanes are discouraged.

f.

In all zones, if county road access is available to the lot, tract or parcel no driveway connection shall be permitted to a state highway.

5.

Within the Camano Gateway Village (CGV) Zone, parking shall not be located between the structures and public roads or adjacent properties that are not zoned for commercial use unless the following criteria can be met:

a.

A plan is approved that utilizes natural features for screening the surface area of parking lots from all public roads and adjacent properties that are not zoned for commercial use. Topography and landscaping shall be utilized to achieve this standard and the form shall be designed to appear natural rather than man-made. This standard does not apply to paved walking trails, sidewalks, patios or entryways.

b.

Parking between structures and public roads or adjacent properties that are not zoned commercial shall not exceed one (1) drive aisle with parking spaces on both sides of the aisle.

c.

The area located on the interior of the site is designated and utilized as community gathering space, e.g., benches, tables, attractive landscaping, porches, walking trails, art, etc.

d.

Where the conditions of the site do not make it possible to achieve these standards, landscaping shall be utilized to fully screen the parking area.

6.

Loading and unloading: Each commercial or industrial use, public or semi-public building or use, or school larger than thirty-five (35) students, shall provide space, either inside or outside a building, for the loading and the unloading of goods and materials. Such space shall have a minimum width of ten (10) feet, a minimum length of twenty-five (25) feet and, if covered, a minimum height of fifteen (15) feet. Such space shall be provided with access to an alley, or a street and shall be screened from adjoining non-commercial, non-industrial uses and public rights-of-way.

7.

Access and circulation: Design or configure the project or site plan so that:

a.

Vehicular access is designed and located to minimize interference with traffic flow on adjacent roads;

b.

Access points to the site do not interfere with access to adjacent and nearby properties;

c.

Interior roads are designed to minimize conflicts between pedestrian and vehicular circulation;

d.

Interior roadways and parking areas shall be designed so there are not conflicts between the maneuvering areas for the parking spaces and the major circulation through the site;

e.

For projects located along existing transit routes, consideration shall be given to multi-modal access including, transit stops, transit access and nonmotorized access and facilities, as appropriate to the nature and scale of the project;

f.

Driveways, roads and parking areas shall be designed so exiting vehicles are not required to back out into a public or private road that is external to the site plan; and

g.

Loading bays and docks shall not require truck traffic to cross high pedestrian or vehicular traffic.

R.

Signs and outdoor lighting standards. This section regulates outdoor lighting as well the construction, erection, maintenance, illumination, type, size, number, and locations of signs in order to protect the health, safety, property, and welfare of the public as well as to protect the rural character of Island County.

1.

Signs—Purpose and intent. Signs are a necessary element for business visibility and viability. Signs should be visible to motorists but should be non-obtrusive and reflective of the rural character of Island County. The sign regulations established in this section are designed and intended to promote the following principles:

a.

Utilize signs as a means of communication for the convenience of the public, while simultaneously preventing their over concentration, improper placement, or excessive size;

b.

Minimize the possible adverse effects of signs on nearby public or private property;

c.

Protect and enhance the rural character of the county by requiring new and replacement signs to be:

(i)

Compatible with their surroundings; and

(ii)

An integral component of the style and character of the building to which each sign relates; and

(iii)

Appropriate to the type of activity to which they pertain; and

(iv)

Protective of the view of the night sky; and

(v)

Expressive of the identity of the individual proprietors or of the community as a whole; and

(vi)

Appropriately sized for its context; and

d.

Promote the fair and consistent enforcement of these sign and lighting standards.

2.

Applicability. The provisions of this section shall apply to all zones within unincorporated Island County unless otherwise stated.

3.

Exemptions. The following sign types are exempt from the requirements of this section:

a.

Agricultural signs indicating farm products for sale, such as "eggs for sale," "hay for sale," signs identifying the type of crops being grown, or signs advertising produce stands. Such signs shall not exceed nine (9) square feet in sign area, shall not be illuminated, and must meet all general standards for signs;

b.

Construction signs, provided they are associated with an active permit, do not exceed thirty-two (32) square feet in sign area, and are removed immediately upon issuance of a certificate of occupancy or certificate of completion;

c.

Directional on-premise signs, provided they do not exceed two (2) square feet in sign area;

d.

Flags, emblems, or insignias of governmental units or non-profit organizations;

e.

Governmental signs, including way finding signs authorized by the Washington State Department of Transportation;

f.

Holiday and seasonal decoration signs;

g.

House numbers;

h.

Memorial signs or tablets, names of buildings, stained glass windows, and dates of erection when cut into the surface of the facade of the building or when projecting not more than two (2) inches;

i.

Murals and artistic expressions, provided they do not constitute commercial advertising that would otherwise be prohibited or require a sign permit under these regulations;

j.

Political signs in accordance with state law;

k.

Public and legal notice signs;

l.

Real estate signs not exceeding nine (9) square feet in sign area, provided such signs are posted on the property advertised for sale, rent, or lease;

m.

Sandwich signs in the following zoning districts: RC, RV, RS, LM, OH-I, OH-HSC, OH-PBP, OH-PIP, and AP provided they do not exceed six (6) square feet in sign area, and are not placed in the public right-of-way. Only one (1) exempt sandwich sign is permitted for each business;

n.

Signs required by law;

o.

Signs of public utility companies indicating danger or which serve as an aid to public safety or which show the location of underground facilities or of public telephones;

p.

Special event or temporary signs for periods not to exceed thirty (30) calendar days, after which they must be removed, and not for more than one (1) thirty-day period in any calendar year. All special event and temporary signs are required to obtain a temporary sign permit to verify and monitor the above time restrictions;

q.

Temporary construction signs, provided they do not exceed thirty-two (32) square feet in sign area, are located on the site for which a valid permit is active, do not exceed one (1) sign per permitted project, and are removed immediately upon issuance of a certificate of occupancy or certificate of completion;

r.

Traffic signs, traffic control devices, and signals; and

s.

Window signs and other signs located wholly within an enclosed building, including neon "open signs" and other similar interior signs.

4.

Prohibited signs. The following sign types are prohibited:

a.

Animated signs and signs that move, flash, or strobe;

b.

Electronic messaging center signs;

c.

Neon signs on the exterior of any building or structure;

d.

Off-premise signs, except as expressly permitted by this chapter;

e.

Pole signs, either new or replacement, that exceed eighteen (18) feet in height or the height of the building associated with the sign, whichever is less;

f.

Portable signs, except as expressly permitted as temporary signs by this chapter;

g.

Signs causing a traffic hazard. Signs shall not for any reason impair, interfere with the view of, or be confused with any emergency vehicle lighting, or interfere with, mislead, or confuse traffic;

h.

Signs in waterways, unless otherwise permitted by law or Island County Code;

i.

Signs mounted on roofs, except those as expressly permitted by this chapter;

j.

Signs within roadway or driveway visibility triangles; and

k.

Unpermitted signs. Any temporary or permanent sign which was erected without a valid permit.

5.

Permit required—County. All new or replacement signs that are not exempt from the requirements of this section shall require a building permit. Signs may also be reviewed and approved in conjunction with a site plan review application. The county may impose such reasonable conditions and standards as may be found necessary to ensure that signs and lighting are compatible with the definition of "rural character" and the requirements of this section.

6.

Permit required—State. All signs along state highways within Island County are also subject to sign regulations and permit requirements established by the State of Washington. Property owners and sign installers should familiarize themselves with these requirements. See Chapter 468-66 Washington Administrative Code.

7.

General standards for all signs.

a.

Abandoned signs.

(i)

The county shall reserve the right to remove or require the removal of an abandoned sign or existing (i.e., nonconforming) signs, as described in subsection R.9. below, when their useful life has ended.

(ii)

In the event that a business ceases operation, all signs shall be removed within ninety (90) days of closing its doors to the public.

b.

Design.

(i)

Each sign structure, exclusive of the sign copy, shall be architecturally integrated with the building that houses the advertised activity; considering form, color, and building materials.

(ii)

Fluorescent colors and reflective surfaces in the background area of the sign are prohibited.

c.

Illumination.

(i)

In the Rural Center, Rural Village, Rural Service, and Camano Gateway Village Zones, signs may be either internally illuminated or externally illuminated. In all other zones signs that are illuminated shall be illuminated by external lighting fixtures only.

(ii)

Lighting fixtures shall be pointed downward and angled toward the sign.

(iii)

Lighting fixtures shall be shielded to prevent light pollution from projecting onto neighboring properties and roadways.

(iv)

Light projection shall be stationary.

(v)

Light bulbs and tubes shall not be visible from adjacent properties or roadways.

(vi)

The intensity of lighting shall not exceed that necessary to illuminate and make legible a sign from the adjacent right-of-way.

d.

Maintenance of signs.

(i)

Signs shall be maintained in the same condition as when the sign was installed. Normal wear and tear of aged signs shall be repaired when they detract from the visible quality of the sign, as determined by the Planning Director. When signs are repaired, all repair work must be done in a manner that is consistent with the approved sign permit and the requirements of this section.

(ii)

Any sign determined by the Planning Director to be a hazard to the health, safety, and welfare of the public by reason of inadequate maintenance, dilapidation, or electrical malfunction shall be remedied by the owner of the sign within fourteen (14) days of notification by the county.

e.

Measurement of sign area.

(i)

The area of a sign shall be computed by measuring the entire extent of the sign copy and including any logos or corporate trademarks, as enclosed by the smallest square, triangle, rectangle, or combination thereof.

(ii)

Signs painted on buildings shall be measured by the smallest polygon enclosing all of the letters and symbols of the sign.

(iii)

Any support structures, boarding trims, and decorative embellishments will not be counted against total sign area as long as these support structures, boarding trims, or decorative embellishments are proportionately scaled to the size of the sign and copy, as determined by the Planning Director.

(iv)

The practice of measuring individual letters or rows of text on a sign is not an allowable methodology for measurement of sign area.

f.

Measurement of sign height.

(i)

The height of a sign structure shall mean the vertical distance from the finished grade at the base of the sign to the top of the highest component of the sign, exclusive of any on-site fill, mounding, landscaping, or excavating solely for the purpose of locating the sign.

(ii)

When the land slopes downward in elevation from an adjoining roadway, the maximum sign height will be measured from the nearest edge of the adjoining roadway. Any sign support structure below the elevation of the adjoining roadway will not be counted toward the measurement of sign height.

g.

Placement.

(i)

No sign shall be placed within a public right-of-way unless specifically authorized by Island County in accordance with section 12.24.020.

(ii)

Signs attached to buildings shall not exceed the height of the building or structure to which they are attached.

(iii)

Signs attached to a building shall not extend above or beyond the eave, rake, or parapet line of the wall on which it is mounted.

(iv)

Any sign projecting beyond six (6) inches from a perpendicular wall shall be at least six (6) feet, eight (8) inches above grade.

(v)

No more than one (1) free standing sign may be located on the property, except for multi-tenant premises, where no more than two (2) free standing signs are allowable. Sandwich signs, pursuant to section 17.03.180.R.3.m., are not considered free standing signs for purposes of this chapter.

h.

Size and height. The maximum sign area and height is set forth in the table below:

i.

Variations for superior design. Signs that do not comply with the design and dimensional requirements set forth in this chapter may be approved, if the applicant can demonstrate to the sole discretion of the Planning Director, that the proposed sign represents a superior design for the sign and site in question. Any applicant proposing such a sign must receive a written determination of a superior design from the Planning Director, following a pre-application conference, and prior to submitting any associated land use or building permit for such a sign.

8.

Agriculture directional signs—Special provisions. The purpose of this subsection is to allow for off-premise signage for certain uses while preventing a proliferation of signs from diminishing the rural character of the county. In addition to the provisions of this section, agriculture directional signs shall conform to the following standards of this subsection:

a.

Agriculture directional signs may be permitted only in conjunction with the following lawful and legally established uses:

(i)

Bed and breakfast inns;

(ii)

Farm produce stands, farmer's markets, and forest product stands;

(iii)

Home industries;

(iv)

Home occupations;

(v)

Wineries and craft distilleries;

(vi)

Rural event centers;

(vii)

Nurseries; and

(viii)

Any other use listed as a permitted or conditional use in the Rural, Rural Agriculture, Commercial Agriculture, or Rural Forest Zones.

b.

Joint use of agriculture directional signs is required, as follows:

(i)

Agriculture directional signs must be designed to accommodate directional blades for at least four (4) different businesses;

(ii)

The owner or initial installer of an agriculture directional sign must allow additional businesses to affix their directional blades to the sign post for a reasonable and proportional share of the original construction cost; and

(iii)

Failure to adhere to this provision may result in revocation of the sign permit by the Planning Director.

c.

Placement of agricultural directional signs shall be as follows:

(i)

Agriculture directional signs shall not be permitted within any urban growth area or designated rural area of intense development (RAID);

(ii)

Agriculture directional signs shall not be placed within sight-triangles;

(iii)

No more than one (1) agriculture directional sign may be placed on any given lot, tract, parcel, or site;

(iv)

No more than one (1) agriculture directional sign shall be utilized by any business on agriculture directional signs that are placed along Highways 525, 20, and 532;

(v)

Agriculture directional signs shall only be permitted at intersections of public rights-of-way and at the intersections of a public right-of-way and the entrance to the premise on which a permitted use is located; and

(vi)

Only one (1) agriculture directional sign shall be permitted per intersection of a public right-of-way and the intersection of a public right-of-way and the entrance to the premises on which a permitted use is located.

d.

Agriculture directional signs shall not exceed eight (8) feet in height and each individual blade shall not exceed a dimension of six (6) inches in height by thirty-six (36) inches in width.

e.

Agriculture directional signs shall be made primarily of wood.

f.

Agriculture directional signs shall not be illuminated.

g.

The Planning Department shall maintain a handout illustrating examples of agricultural directional signs that conform to the standards of this section.

9.

Existing signs.

a.

All signs that lawfully existed prior to the date of this chapter amendment that do not comply with the provisions of this chapter shall come into compliance when:

(i)

The sign is relocated; or

(ii)

More than fifty (50) percent of the sign structure is damaged, replaced, or repaired, altered, or changed in any way from its original condition.

b.

When the plastic panel of a lawfully existing sign is no longer utilized, any replacement panel facing shall utilize a solid dark colored background with light colored lettering.

c.

Normal maintenance such as cleaning, painting, and light bulb replacement is allowed outright, so long as the maintenance does not modify or alter the sign structure in any way. "Normal maintenance" does not include any of the items contained in subsection (a) or (b) of this section.

10.

Specific use or zoning district sign standards—Purpose and intent. The purpose of this section is to prescribe additional standards for the placement, design, color, illumination, height, and size of all signs in certain zoning districts or signs associated with specific land uses. These requirements are established in order to protect the unique natural beauty and rural character of the county, the county's primary assets, to promote compatibility amongst land uses, and to mitigate or ameliorate possible adverse impacts of signs. The county may impose such reasonable conditions and standards as may be found necessary to ensure that signs and lighting are compatible with the character of surrounding permitted uses.

a.

Freeland Non-Municipal Urban Growth Area (Freeland NMUGA)—Special sign provisions. Until such time as specific development regulations are adopted for the Freeland NMUGA, the following standards shall apply:

(i)

Signs located in areas of the Freeland NMUGA zoned Rural Center (RC) shall utilize the standards applicable to the Camano Gateway Village (CGV) Zone;

(ii)

Signs located in all other areas of the Freeland NMUGA shall be consistent with the standards applicable to the underlying zoning designation; and

(iii)

Upon adoption of specific development regulations for the Freeland NMUGA, all new or replacement signs shall comply with the Freeland NMUGA regulations.

b.

Ebey's Landing National Historical Reserve—Special sign provisions. All signs within Ebey's Landing National Historical Reserve must comply with the design guidelines for signs in the reserve and be installed in accordance with a certificate of appropriateness for the sign(s).

c.

Master planned resorts. All signs for master plan resorts (e.g., Camp Casey) shall be consistent with the approved master plan for the resort.

d.

Special review districts. All signs located in special review districts (e.g., Au Sable Institute, Greenbank Farm) shall be consistent with the approved master plan for the special review district, or in the absence of applicable sign regulations or standards in the approved master plan, the requirements of this section.

e.

Camano Gateway Village (CGV) Zone. All new or replacement signs shall meet the following conditions unless it is a public use sign:

(i)

For individual businesses that are not located within a commercial complex:

(1)

Signs shall be limited to monument and goal post style signs. No individual sign can exceed thirty-two (32) square feet. Total square footage of signs shall be limited to seventy (70) square feet;

(2)

Where a development would benefit from having two (2) monument or goal post style signs, one (1) sign shall be limited to twenty-four (24) square feet and the second sign shall be limited to twelve (12) square feet;

(3)

Where a property has two (2) monument and goal post signs, they shall be prohibited from being located along the same public road. Signs located at the corner of an intersection are not subject to this standard. The corner of an intersection is defined by drawing an equilateral triangle where each side is forty (40) feet. The starting point for drawing the triangle is where the rights-of-way for two (2) roads intersect;

(4)

For vehicular access points where there are no monument or goal post signs proposed, signs are limited to directional entry and exit information which shall not exceed two (2) square feet per sign. For vehicular access points where a monument or goal post sign is proposed, directional information shall be placed on the same sign, but shall not be counted towards the square footage described in subsections (1) and (2);

(5)

Pole signs are prohibited;

(6)

The business shall be allowed an additional twenty (20) square feet of sign area that may be affixed to the structure in which the business is located and shall not exceed the height of the building or structure to which they are attached by more than four (4) feet;

(7)

[Signs] shall be limited to twelve (12) feet in height, as measured from the crown of the adjoining roadway, plus an additional three (3) feet for the crown of the sign. Crowns may include artwork, designs, and logos, but may not include the name of the business;

(8)

Each sign shall be architecturally integrated with existing or proposed structures, considering form, color, and building materials;

(9)

When illuminated from above or below, the light source must be shielded to avoid spill-over of light onto adjacent properties, public roads, or into the night sky;

(10)

When signs are not illuminated from above or below, lighting shall utilize channel lighting technology, box signs, lettering, or panel signs;

(11)

Whether fixed or portable, flashing signs, moving light signs and off-premise signs are prohibited (except time-temperature-date signs);

(12)

Signs in windows such as logos, "Open," "Beer," etc. do not count toward the allowed sign area; and

(13)

In the event that a business ceases operation, all signs shall be removed within ninety (90) days of closing its doors to the public.

(ii)

For a commercial complex:

(1)

Each complex shall identify a primary sign which shall be a monument or goal post style sign. The primary sign shall not exceed forty (40) square feet in size except that complexes with more than five (5) businesses are allowed an additional four (4) square feet of sign area per business. The primary sign may be located anywhere on the property;

(2)

Each complex may also identify a secondary or tertiary monument or goal post style sign which shall not exceed thirty (30) square feet in size. The secondary and tertiary signs shall be located at vehicular access points;

(3)

Other than signs described in subsections (5), (7), (9), and (14) below, no additional signs are permitted;

(4)

Where a property has multiple monument and goal post signs, they shall be prohibited from being located along the same public road. Signs located at the corner of an intersection are not subject to this standard. The corner of an intersection is defined by drawing an equilateral triangle where each side is forty (40) feet. The starting point for drawing the triangle is where the rights-of-way for two (2) roads intersect;

(5)

For vehicular access points where there are no monument or goal post signs proposed, signs are limited to directional entry and exit information which shall not exceed two (2) square feet per sign. For vehicular access points where a monument or goal post sign is proposed, directional information shall be placed on the same sign, but shall not be counted towards the square footage described in subsections (1) and (2) above;

(6)

Pole signs are prohibited;

(7)

Each individual business within the complex is allowed an additional twenty (20) square feet that may be affixed to the structure in which the business is located;

(8)

Signs shall be limited to twelve (12) feet in height, as measured from the crown of the adjoining roadway, plus an additional three (3) feet for the crown of the sign. Crowns may include artwork, designs, and logos, but may not include the name of the business;

(9)

Directional signs that advertise individual businesses and provide directional information are permitted at each pedestrian or bike path entrance. Such signs shall be at a pedestrian scale and limited to four (4) inches by eighteen (18) inches in size, per business;

(10)

Each sign shall be architecturally integrated with existing or proposed structures, considering form, color, and building materials;

(11)

When illuminated from above or below, the light source must be shielded to avoid spill-over of light onto adjacent properties, public roads, or into the night sky;

(12)

When signs are not illuminated from above or below, lighting shall utilize channel lighting technology, box signs, lettering or panel signs;

(13)

Whether fixed or portable, flashing signs, moving light signs and off-premise signs are prohibited (except time-temperature-date signs);

(14)

Signs in windows such as logos, "Open," "Beer," etc. do not count toward the allowed sign area; and

(15)

In the event that a business ceases operation, all signs shall be removed within ninety (90) days of closing its doors to the public.

11.

Outdoor lighting—Purpose and intent. The purpose of this subsection is to provide outdoor lighting standards to ensure compatibility with neighboring uses while preserving the overall rural character of the county and the visibility of the night sky.

a.

Applicability. The provisions of this subsection shall apply to all zones within unincorporated Island County.

b.

Exemptions. The following lighting fixtures are exempt from the requirements of this section:

(i)

Holiday and seasonal decorative lighting fixtures;

(ii)

Lighting 800 lumens or less;

(iii)

Indoor lighting provided no light projects directly out a window or other opening;

(iv)

Lighting equipment in swimming pools, spas, fountains, and other water features;

(v)

Lighting for public athletic fields, fairgrounds, and approved temporary special events;

(vi)

Lighting used for architectural or landscaping purposes provided that the light is aimed and controlled so that light is confined, as much as possible, to the objects that are intended to be lit, and does not project or cause unreasonable glare onto neighboring properties, rights-of-way, critical areas, or the night sky;

(vii)

Lighting fixtures and standards required by federal, state, or county agencies;

(viii)

Lighting fixtures used by law enforcement, fire and rescue, the State Department of Transportation or other emergency response agencies to perform emergency or construction repair work or to perform nighttime road construction on thoroughfares;

(ix)

Moving vehicle lights;

(x)

Navigation lights (i.e., radio/television towers, airports, docks, piers, buoys, lighthouses);

(xi)

Normal low intensity residential lighting fixtures that are attached to a dwelling unit, detached ADU or accessory building. For purposes of interpreting this section, normal low intensity residential lighting fixtures do not include flood lamps, lighting fixtures intended to illuminate large areas, or lighting fixtures which project a focused light onto neighboring properties and roads (whether public or private);

(xii)

Projection equipment for outdoor movie theaters and outdoor movie events;

(xiii)

Street lights for public rights-of-way; and

(xiv)

Traffic control signals and devices.

c.

Prohibited lighting. The following lighting fixtures and types are prohibited:

(i)

Lighting that projects directly onto neighboring properties, rights-of-way, waterways, critical areas, or the night sky; and

(ii)

Lights that blink, flash, or are of unusual brightness or intensity.

d.

General lighting standards.

(i)

Lighting fixtures must be either full cut-off, fully shielded, flush mounted, or hooded and oriented towards the ground.

(ii)

Lighting fixtures, whether attached to a building or pole, must meet the setback requirements of the applicable zone.

(iii)

Pole mounted light fixtures shall not exceed the building height requirements of the applicable zone.

(iv)

Light trespass and glare onto neighboring properties, rights-of-way, waterways, critical areas, and the night sky shall be minimized through shielding of the light fixtures, use of frosted bulbs, peripheral landscaping or fencing, or another effective method.

S.

Site coverage and setbacks.

1.