ATTACHMENT A CC Hearing Draft Vacation Rental Ordinance No Page 1 of 45

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1 ATTAHMET A Hearing Draft Vacation Rental Ordinance o Page of ORDIAE O A ORDIAE AMEDIG THE SA JUA OUT ODE (SJ) FOR VAATIO RETAL OF SIGLE FAMIL RESIDEES B AMEDIG SJ SETIOS , 8.0.0, 8.0.0, , , ; REPEALIG AD REPLAIG SJ Background A. Pursuant to the Growth Management Act (GMA) (hapter 6.70A RW) San Juan ounty (ounty) adopted the San Juan ounty omprehensive Plan (omprehensive Plan) and official maps and implementing development regulations in the Unified Development ode (UD). B. Ordinance 0-998, adopted December 0, 998, adopted the first UD and added a new section addressing Transient Residence or Transient Guest House to the San Juan ounty ode. Prior to this ordinance, transient/vacation rentals were permitted as Bed and Breakfast establishments.. Ordinance -00 amended Ordinance to change the term Transient Rental to Vacation Rental and added requirements that either a single-family residence or an Accessory Dwelling Unit (ADU) can be rented for short-term rental (less than 0 days), but not both. Ordinance -00 also added the requirement for a 4-hour contact information and required rules of conduct that address trespassing. D. Ordinance amended Ordinances -00 and to address Growth Management Hearings Board (GMHB) Finding of on-ompliance regarding ADUs by not allowing ADUs approved after the effective date of Ordinance -00 to be used for vacation rental. E. Since the adoption of Ordinance 0-998, approximately 965 vacation rental permits have been approved under the regulations adopted by Ordinances 0-998, -00 and F. The proposed amendments, additions and replacements to the UD are intended to address safe visitor accommodations; environmental health; and community concerns about neighborhood impacts including noise, speeding, garbage, parking, privacy/trespassing. G. The proposed amendments, additions and replacements clarify and simplify the vacation rental requirements, but do not change the effect or substance of the regulations adopted in Ordinances -00 or related to vacation rental of ADUs. H. Ordinance Section repeals the existing performance standards found in SJ and Section adopts new standards intended to make the regulations clearer; address nuisance issues related to vacation rentals; require that permits vested or approved after the effective date of the

2 Ordinance o Page of ordinance have an expiration date; and require all permit holders to comply with the operational standards including annually certifying compliance with permit conditions. I. Ordinance Section also includes a new requirement that a vacation rental may not be advertised for rent without a vacation rental permit. This is necessary to facilitate enforcement against unpermitted vacation rentals. J. Ordinance Sections - 8 amend various code sections to replace the term transient rental with the term vacation rental ; and eliminate an obsolete provision that allows a provisional use permit instead of a conditional use permit to vacation rent a guest house that was used for transient rental prior to 997. This provision is obsolete because the owners of any guest house subject to this provision should have already applied for and received a vacation rental permit. K. After receiving preliminary input from the ounty ouncil, the initial draft of the proposed amendments was released for public comment on March, 07. L. The Planning ommission was briefed on the project on March 7, 07 prior to holding a duly advertised public hearing on April, 07. otices of the Planning ommission s public hearing were published in the Journal of the San Juan Islands and the Islands Sounder on April 5, 07. M. Public comments on the initial draft were accepted from March, 07 through the close of the April, 07 public hearing. Public written and verbal testimony during the comment period expressed concern about the potential application of regulations retroactively to existing permit holders; reduction in the number of guests; expiration of permits; annual fees and inspections; unpermitted vacation rentals; and impacts to neighborhoods from oversaturation by vacation rentals.. On May 9, 07, the Planning ommission deliberated and recommended revisions to the initial draft. Recommendations included a clarification that existing permit holders are required only to comply with the operational standards; changing how the number of guests allowed is calculated; requiring a local property representative responsible for responding to emergencies and complaints to live on the island where the rental is located; simplifying the certificate of compliance requirements; and requiring a substantial fine for the operation of an unpermitted vacation rental. O. In compliance with the State Environmental Policy Act (SEPA), the environmental and nonproject action SEPA checklists were completed and evaluated for the project. It was determined that the proposals would be unlikely to create any significant adverse environmental impacts. A Determination of on-significance (DS) was published on July 5, 07, in the Journal of the San Juan Islands and the Islands Sounder. The DS and checklists were provided to federal state and local agencies in accordance with SJ and WA The Washington State Department of Ecology also published notice of the SEPA determination on their SEPA register under item no :\LAD USE\LOG RAGE PROJETS\PODES Vacation Rental Amend\Ordinance\08-0-_ORD_VR_

3 Ordinance o Page of P. As required by RW 6.70A.06, a 60-day notice regarding potential adoption of the amendments to the omprehensive Plan was provided to the Washington State Department of ommerce on July 7, 07. On July, 07, ommerce acknowledged receipt of the notice indicating that the notice was processed by the State under Material ID o Q. The Planning ommission held a duly advertised public hearing on July, 07. otices of the Planning ommission s public hearing were published in the Journal of the San Juan Islands and the Islands Sounder on July 5, 07. R. The Planning ommission deliberated on the proposed amendments and made the following recommendations:. ommunity Development should prepare explanatory materials (including flowcharts) regarding the rules for the public and potential Vacation Rental owners.. The Planning ommission should revisit issues regarding where Vacation Rentals are to be allowed (zoning) and whether additional standards for approval of Vacation Rental applications by the Hearing Examiner are warranted as part of the omprehensive Plan update.. The Planning ommission strongly recommends that the ounty ouncil should adopt the proposed enforcement provisions for operating vacation rentals without a permit as soon as possible AD no later than the effective date of the other proposed revisions to the Vacation Rental rules. 4. Recommend adoption of an ordinance amending the San Juan ounty code (SJ) for vacation rental of single family residences by amending SJ sections , 8.0.0, 8.0.0, , , ; Repealing and Replacing SJ ; and adding a new section to chapter 8.00 SJ, as provided in the staff report dated July, 07 and including the modifications and recommendations provided by the Planning ommission. S. The ounty ouncil was briefed on the amendments on March 6, 07 and August 8, 07, prior to holding a duly advertised public hearing on March, 08. The hearing notice was published in the Journal of the San Juan Islands and Islands Sounder. Following the public hearing, ounty ouncil considered the recommendation of the Planning ommission, and written and oral testimony from the public. T. The ounty ouncil makes the following findings:. The proposed amendments correct terms and remove obsolete code sections.. The proposed amendments clarify the performance standards so that the requirements are clear and enforceable.. The proposed amendments will result in a higher level of compliance with code requirements for vacation rentals and reduce the number of unpermitted vacation rentals. :\LAD USE\LOG RAGE PROJETS\PODES Vacation Rental Amend\Ordinance\08-0-_ORD_VR_

4 Ordinance o Page 4 of The proposed amendments will increase the safety of guests staying in vacation rentals by ensuring that vacation rentals are reviewed for basic fire safety on an annual basis. 5. The proposed amendments will provide for better management of vacation rentals that will increase neighborhood compatibility. 6. The proposed amendments are consistent with the comprehensive plan, development regulations and the requirements of the GMA. OW, THEREFORE, BE IT ORDAIED by the ounty ouncil of San Juan ounty, state of Washington, as follows: SETIO. REPEAL. SJ Vacation Rental of Single Family Residences and Accessory Dwelling Units; Ordinance ; Ordinance Exh.B 4.9.; Ordinance -00 5; and Res are hereby repealed. SETIO. EW SETIO. A new section is added to SJ hapter 8.40 to read as follows: Vacation rental of residences or accessory dwelling units (ADUs). When vacation rental of a residence or accessory dwelling unit, as defined by SJ 8.0.0, is allowed by this code, the following standards apply: A. Outside of urban growth areas, one vacation rental is allowed on a property, either in the principal residence or an accessory dwelling. Detached accessory dwelling units permitted on or after June 9, 007 are not allowed to be vacation rentals. B. o more than two () overnight guests per bedroom plus additional three () overnight guests shall be accommodated at any one time. The number of bedrooms is determined by the approved building permit for the structure. A guest is a person over two () years of age.. The vacation rental shall be operated according to rules of conduct approved by the ounty that prevent the following disturbances to area residents:. Trespassing;. oise that violates hapter 9.06 SJ (oise Ordinance);. Off-site parking issues; 4. Vehicle speeds of higher than the posted speed limit, or twenty (0) miles per hour (mph) on private paved roads and fifteen (5) mph on private non-paved roads; and 5. Outdoor burning that violates the requirements adopted pursuant to SJ F.c, including violations of a burn ban. D. Solid waste must be removed from the vacation rental to an approved solid waste facility on a bi-weekly basis. Solid waste shall be stored in completely enclosed and secured solid waste receptacles or stored completely indoors. :\LAD USE\LOG RAGE PROJETS\PODES Vacation Rental Amend\Ordinance\08-0-_ORD_VR_

5 Ordinance o Page 5 of E. Guests shall be made aware of the importance of water conservation. Best practices to conserve water shall be included in the rules of conduct. F. One () on-site parking space shall be provided for each bedroom within the vacation rental. G. Food service provided by the permit holder or their agents is not allowed. Food service means selling or serving food products for on-site consumption or for carry-out. H. All vacation rental permit holders are required to display the address of the residence so that it is clearly visible from the street or access road. I. Vacation rental accommodations must meet all applicable local and state regulations, including those pertaining to business licenses and taxes such as Washington State sales, lodging and business and occupation taxes. J. Vacation rental permits vested or approved after the effective date of this ordinance shall expire two () years after the date of approval unless the annual certificates of compliance meeting the requirements of subsection (K)(4) of this section are on file with the administrator. K. All owners of property used for vacation rental shall comply with the following operational requirements:. Maintain an up-to-date property management plan on file with the administrator and property owners within three hundred (00) feet of the building within which the vacation rental is located. The property management plan must include the following: a. Rules of conduct approved by the ounty; b. Unified Business Identifier number, and the names and addresses of the property owner and agents authorized to act on the property owner s behalf; c. A designated local property representative who lives on the island where the vacation rental is located and will respond to complaints and emergencies; and d. A valid telephone number where the local property representative can be reached twenty-four (4) hours per day.. Prominently post the rules of conduct and a map clearly depicting the property boundaries of the vacation rental. The map shall indicate if there is an easement that provides access to the shoreline, if so, the boundaries of the easement shall be clearly defined; if there is no access, this shall be indicated together with a warning not to trespass.. Include the San Juan ounty permit number for the vacation rental in all advertisements and marketing materials such as brochures and websites. 4. Annually certify compliance with the conditions of permit approval and with the fire and life safety requirements of the International Fire ode (IF) as identified by the :\LAD USE\LOG RAGE PROJETS\PODES Vacation Rental Amend\Ordinance\08-0-_ORD_VR_

6 Ordinance o Page 6 of department on forms specified by the administrator. The annual certification shall be prominently posted on-site; and 5. ertify compliance with the conditions of permit approval within ninety (90) days after the closing date of the sale of the property. Written certification must be submitted to the department on forms specified by the administrator. L. The owners of vacation rental permits vested or approved prior to the effective date of this ordinance are required to comply with section (K) of this section by December, 08, in addition to the conditions of their permit. ouncil Alternative: L. The owners of vacation rental permits vested or approved prior to the effective date of this ordinance are required to comply with section (K) of this section by December, 08, in addition to the conditions of their permit; and are required to comply with all provisions of the entire section by December, 0. ouncil Alternative: L. Vacation rental permits vested or approved prior to the effective date shall be revised by December, 0 to comply with sections (A) through (K) of this section. o fee shall be charged for the permit revision required by this subsection. M. A vacation rental shall not operate or be advertised without a vacation rental permit. Evidence of operation includes advertising, online calendars showing availability, guest testimony, online reviews, rental agreements or receipts. SETIO. SJ , Ordinance 5-0 7, Ordinance 0-0 0, and Ordinance ; are each amended to read as follows: Olga Hamlet Plan ategories of uses. es = Uses allowed outright (i.e., without a project permit), subject to the applicable development standards (hapter 8.60 SJ); if a building or other construction permit is required, this use is subject to administrative consistency review; see SJ Prov = D = = Provisional Use. Subject to administrative consistency review for compliance with hapter 8.60 SJ, Development Standards, and hapter 8.40 SJ, Performance and Use-Specific Standards, specific to the use; see SJ Discretionary Use. A discretionary use subject to administrative permit approval and consistency with hapter 8.60 SJ, Development Standards. The administrator may require a conditional use permit based on project impacts; see SJ and Table 8.. onditional Use. Subject to public notice and permit hearing procedure; see SJ :\LAD USE\LOG RAGE PROJETS\PODES Vacation Rental Amend\Ordinance\08-0-_ORD_VR_

7 o = Prohibited use. Land Use OLGA HAMLET (As defined and used in the ounty Unified Development ode) ommercial Uses Ordinance o Page 7 of 45 Olga Hamlet Designation OH OH HR ommercial ommunity Residential Animal Shelters and Kennels o o o Automotive Service and Repair o o o Bed and Breakfast Inn o o o Bed and Breakfast Residence Prov Prov Prov (6)(5) amping Facilities o o o Day are with 6 hildren o Prov Prov (6)(5) Day are with 7+ hildren o o o Drinking Establishment o o o Eating Establishment o Hotel/Motel o o o Indoor Entertainment Facility o o o ursing Homes o o o Personal and Professional Services es o Residential are Facilities with up to 4 persons Prov (7)(6) Prov (7)(6) Prov (6)(5), (7)(6) Residential are Facilities with 5 to 5 persons o o o Resorts and amps, ew o o o Retail Sales and Services o Warehouse, Mini-Storage, and Moving Storage Facilities o :\LAD USE\LOG RAGE PROJETS\PODES Vacation Rental Amend\Ordinance\08-0-_ORD_VR_

8 Ordinance o Page 8 of 45 Land Use OLGA HAMLET (As defined and used in the ounty Unified Development ode) Olga Hamlet Designation OH OH HR ommercial ommunity Residential Unnamed ommercial Uses (9)(8) o o o Industrial Uses Bulk Fuel Storage Facilities o o o oncrete and oncrete Batch Plants o o o onstruction ards o o o Feedlots o o o Garbage and Solid Waste Transfer Stations o o o Heavy Equipment Rental Services o o o Heavy Industrial o o o Light Industrial o o o Light Manufacturing o o o Lumber Mills, Stationary o o o Outdoor Storage ards o o o Reclamation of Mineral Extraction Sites o o o Recycling enter o o o Recycling ollection Point o o o Resource Processing Accessory to Extraction Operations o o o Mining and Mineral Extraction Activities o o o Wholesale Distribution Outlet o o o Wrecking and Salvage ards o o o Storage and Treatment of Sewerage, Sludge, and Septage Lagoon Systems o o o :\LAD USE\LOG RAGE PROJETS\PODES Vacation Rental Amend\Ordinance\08-0-_ORD_VR_

9 Ordinance o Page 9 of 45 Land Use OLGA HAMLET (As defined and used in the ounty Unified Development ode) Olga Hamlet Designation OH OH HR ommercial ommunity Residential Unnamed Industrial Uses o o o Public and Institutional Uses ollege or Technical School/Adult Education Facility o ommunity lub or ommunity Organization o Emergency Services o Government Offices o o o Institutional amps o o o Library es o Museum es es o Post Office es es o Religious Assembly Facility o School, Primary and Secondary o Unnamed Institutional Uses o o o Recreational Uses amping Facilities in Public Parks o o o Indoor Recreation Facilities o o o Outdoor Recreation Developments o o o Parks Playing Fields o o o Recreational Vehicle Parks o o o Outdoor Shooting Ranges o o o :\LAD USE\LOG RAGE PROJETS\PODES Vacation Rental Amend\Ordinance\08-0-_ORD_VR_

10 Ordinance o Page 0 of 45 Land Use OLGA HAMLET (As defined and used in the ounty Unified Development ode) Olga Hamlet Designation OH OH HR ommercial ommunity Residential Unnamed Recreational Uses o o o Residential Uses ottage Enterprise Prov Prov D Farm Labor Accommodations for Persons Employed in Agricultural Production on the Premises o o o Farm Stay o o o Home Occupation es es es Mobile Home Parks o o o Multifamily Residential Units (+ units) es o Rural Residential luster Development o o Single-Family Residential ( unit only), or Accessory Apartment ( unit only) Accessory to an Allowable onresidential Use es es es Single-Family Residential Unit es es es Two-Family Residential (Duplex) (0)(9) es es es Vacation Rental of Residence or Guest House (Accessory Dwelling Unit) (4) o o (4), (6)(5) Unnamed Residential Uses o o o Transportation Uses Airfields o o o Airports o o o Airstrips o o o :\LAD USE\LOG RAGE PROJETS\PODES Vacation Rental Amend\Ordinance\08-0-_ORD_VR_

11 Ordinance o Page of 45 Land Use OLGA HAMLET (As defined and used in the ounty Unified Development ode) Olga Hamlet Designation OH OH HR ommercial ommunity Residential Hangars o o o Helipads o o o Ferry Terminal o o o Parking Lots, ommercial o o o Parking Structures o o o Streets, Public es (8)(7) es (8) (7) es (8) (7) Trails and Paths, Public es es es Unnamed Transportation Uses Utilities Uses ommercial ommunication Towers o o o ommercial Power Generation Facilities o o o ommunity Sewerage Treatment Facilities o o o Storage and Treatment of Sewerage, Sludge, and Septage Systems Other Than Lagoons o o o Utility Distribution Lines es es es Utility Facilities o o o Utility Substations o o o Utility Transmission Lines D D D Water Storage Tanks, ommunity Water Treatment Facilities Stormwater onveyance and Treatment Facilities Unnamed Utility Uses o o o :\LAD USE\LOG RAGE PROJETS\PODES Vacation Rental Amend\Ordinance\08-0-_ORD_VR_

12 Ordinance o Page of 45 Land Use OLGA HAMLET (As defined and used in the ounty Unified Development ode) Olga Hamlet Designation OH OH HR ommercial ommunity Residential Agriculture and Forestry Uses Agricultural Processing Retail and Visitor-Serving Facilities for Products o o o Agricultural Uses and Activities o o D Forest Practices (5)(4), o Processing o o es Lumber Mills, Portable o o o urseries es Retail Sales of Agricultural Products Prov Prov Small-Scale Slaughterhouses o o o Unnamed Agricultural and Forestry Uses o o o otes:. All uses must be consistent with the purpose of the land use district in which they are proposed to occur. All land uses in all districts must meet the general regulations in SJ unless otherwise stated therein.. A land use or development proposed to be located entirely or partly within 00 feet of the ordinary high water mark of a regulated shoreline is within the jurisdiction of the Shoreline Master Program, and is subject to the applicable provisions of Section of the omprehensive Plan and of hapter 8.50 SJ as well as the applicable provisions and permit requirements indicated in this table. Please refer to hapter 8.50 SJ for specific use regulations and regulations by shoreline environment; see also SJ for shoreline permit requirements.. The assignment of allowed and prohibited uses may not directly or indirectly preclude the siting of essential public facilities (as designated in the :\LAD USE\LOG RAGE PROJETS\PODES Vacation Rental Amend\Ordinance\08-0-_ORD_VR_

13 Ordinance o Page of omprehensive Plan; see also the definition in SJ ) within the ounty. See SJ The transient rental of a residence or guest house may be allowed by provisional ( Prov ) permit only if the owner or lessee demonstrates that the residence or guest house in question was used for transient rental on or before June, 997; otherwise, a conditional use ( ) permit is required. 54. Forest practices (including timber harvesting), except for lass IV General (see SJ ), are regulated by the Washington Department of atural Resources. 65. ommercial uses in the Hamlet Residential district are allowable only as accessories to existing residential use on the same parcel. 76. Residential care facilities shall not exceed four occupants other than the operator(s). 87. The surface of Olga Road should not be widened beyond 005 conditions except upon demonstration that the work is necessary for public safety. 98. For purposes of this plan, unnamed commercial use includes commercial moorage facilities and the commercial use of any other moorage facility. 09. Four on-site parking spaces shall be provided for duplex units and these spaces shall be identified on a site plan with submittal of a building permit application. SETIO 4. SJ 8.0.0, Ordinance 5-0 7, Ordinance and Ordinance ; are each amended to read as follows: Permitted land uses. All development and use within the exterior boundaries of the Deer Harbor Hamlet shall conform to the table of allowed land uses set forth in Table Table Allowed Land Uses in Deer Harbor Hamlet ommercial Land Uses LAD USES HR H HI-A HI-B Animal Shelters and Kennels Automotive Service and Repairs :\LAD USE\LOG RAGE PROJETS\PODES Vacation Rental Amend\Ordinance\08-0-_ORD_VR_

14 Ordinance o Page 4 of 45 ommercial Land Uses LAD USES HR H HI-A HI-B Bed and Breakfast Inn Bed and Breakfast Residence P P/ amping Facilities Day are with 6 hildren P/ P/ Day are with 7+ hildren Drinking Establishment P Eating Establishment P Hotel/Motel Indoor Entertainment Facility Theater ategory A Joint Use Wireless Facility 54 ategory B Joint Use Wireless Facility P/ P/ P/ P/ ursing Homes P/ Personal Wireless Service Facility, co-located on an existing, permitted stand-alone tower, or mounted to the surface of an existing structure Personal Wireless Services Facility, mounted on a building which meets the height standard of the land use designation, or a facility disguised or camouflaged as an allowable exemption to the height standard P/ P/ P/ P/ P/ P/ Personal Wireless Service Facility, other Personal and Professional Services Residential are Facilities [ 6 persons] P/ Residential are Facilities [7 5 persons] Existing Resorts and amps, Expansion of Existing Uses Without Increase to Scope or Scale :\LAD USE\LOG RAGE PROJETS\PODES Vacation Rental Amend\Ordinance\08-0-_ORD_VR_

15 Ordinance o Page 5 of 45 ommercial Land Uses LAD USES HR H HI-A HI-B Existing Resorts and amps, Increase in Scope or Scale of Facilities and Services amps, ew Resorts, ew Retail Sales and Services Transient Vacation Rental of Residence or ADU 4 4 Warehouse, Mini-Storage, and Moving Storage Facilities Auto Fuel Pumps Unnamed ommercial Uses All permitted land uses are subject to the performance and use specific standards in hapter 8.40 SJ. For the purposes of this table, unnamed commercial uses include marinas and associated uses. 4 Only allowable on parcels of 0 acres or more. 5 To minimize commercial developments in residential neighborhoods, in lands 6 designated HR wireless facilities other than joint use wireless facilities must be 7 accessory to a legal conforming or nonconforming structure, and cannot be a primary 8 land use. 9 4 In all activity center land use designations the vacation rental of a residence or 0 accessory dwelling unit may be allowed by provisional (P) permit only if the owner or lessee demonstrates that the residence or accessory dwelling unit in question was used for vacation rental on or before June, 997; otherwise, a conditional use permit ( ) is required. After internal land use designation boundaries are adopted for an 4 activity center this provision will apply to VR and HR designations but not to the 5 activity center in general Though a project permit is not required, these facilities are subject to the requirements for joint use wireless facilities found in hapter 8.40 SJ. :\LAD USE\LOG RAGE PROJETS\PODES Vacation Rental Amend\Ordinance\08-0-_ORD_VR_

16 Ordinance o Page 6 of 45 Industrial Land Uses LAD USES HR H HI-A HI-B Bulk Fuel Storage oncrete and oncrete Batch Plants onstruction ard Feedlots Garbage and Solid Waste Transfer Stations Heavy Equipment Rental Services (Incidental to onrental Primary Use of Equipment) Heavy Industrial Light Industrial 45 Light Manufacturing 45 Lumber Mills, Stationary Outdoor Storage ards P/ P/ Recycling enter Recycling ollection Point Resource Processing Accessory to Extraction Operations Mining and Mineral Extraction Activities Reclamation of Mineral Extraction Sites Wholesale Distribution Outlets 45 Wrecking and Salvage ards (Boat) Storage and Treatment of Sewerage, Sludge, and Septage Lagoon Systems Unnamed Industrial Uses 45 Subject to low impact provisions of Table 8. of hapter 8.80 SJ. :\LAD USE\LOG RAGE PROJETS\PODES Vacation Rental Amend\Ordinance\08-0-_ORD_VR_

17 Ordinance o Page 7 of 45 Institutional Land Uses LAD USES HR H HI-A HI-B ollege ommunity lub or ommunity Organization Assembly Facility P/ Emergency Services Environmental, Agricultural, Marine, Forestry, Aquacultural Research and Education Facilities P/ Government Offices Institutional amps Library P/ Museum P/ Post Office 56 Religious Assembly Facility School, Primary and Secondary Technical School/Adult Education Facility Unnamed Institutional Uses 4 56 At least one part of the property must be located within 00 feet of either side of Deer Harbor Road or within 00 feet of hannel Road between Deer Harbor Road and the Bridge. Residential development standards shall apply. Recreational Land Uses LAD USES HR H HI-A HI-B amping Facilities in Public Parks Indoor Recreation Facilities Outdoor Recreation Developments Parks :\LAD USE\LOG RAGE PROJETS\PODES Vacation Rental Amend\Ordinance\08-0-_ORD_VR_

18 Ordinance o Page 8 of 45 Recreational Land Uses LAD USES HR H HI-A HI-B Playing Fields Recreational Vehicle Parks Outdoor Shooting Ranges Unnamed Recreational Uses Residential Land Uses LAD USES HR H HI-A HI-B ottage Enterprise P P P P Farm Labor Accommodations for Persons Employed in Agricultural Production on the Premises P/ P/ Farm Stay Home Occupation Mobile Home Parks Multifamily Residential Units (+ units), If Density Permits Single-Family Residential, or Accessory 67 Apartment, or Accessory to an Allowable onresidential Use Single-Family Residential Unit Two-Family Residential (Duplex), If Density Permits P/ P/ Vacation rental of Residential or Accessory Dwelling Unit 7 P Rural Residential lusters Unnamed Residential Uses Redesignation from commercial or industrial to residential must comply with the density requirement of a maximum of four units per acre. 7 In all activity center land use designations the vacation rental of a residence or accessory dwelling unit may be allowed by provisional (P) permit only if the owner or lessee demonstrates that the residence or accessory dwelling unit in question was :\LAD USE\LOG RAGE PROJETS\PODES Vacation Rental Amend\Ordinance\08-0-_ORD_VR_

19 Ordinance o Page 9 of 45 4 used for vacation rental on or before June, 997; otherwise, a conditional use permit ( ) is required. After internal land use designation boundaries are adopted for an activity center this provision will apply to VR and HR designations but not to the activity center in general. Transportation Land Uses LAD USES HR H HI-A HI-B Airfields Airports Airstrips Hangars Helipads Helipads, Emergency Services Ferry Terminals Parking Lots, ommercial Outer Island Parking Parking Structures Trails and Paths, Public Water Taxi Streets, Public Unnamed Transportation Uses Utility Land Uses LAD USES HR H HI-A HI-B ommercial ommunications Facilities ommercial Power Generation Facilities ommunity Sewerage Treatment Facilities Storage and Treatment of Sewerage, Sludge, and Septage Systems Other Than Lagoons :\LAD USE\LOG RAGE PROJETS\PODES Vacation Rental Amend\Ordinance\08-0-_ORD_VR_

20 Ordinance o Page 0 of 45 Transportation Land Uses LAD USES HR H HI-A HI-B Utility Distribution Lines Utility Facilities Utility Substations Utility Transmission Lines ommunity Water Systems P/ P/ P/ P/ Water Treatment Facilities P/ P/ P/ P/ Unnamed Utility Uses Agriculture and Forestry Uses Land Uses HR H HI-A HI-B Agricultural Processing Retail and Visitor-Serving Facilities and Products Agricultural Uses and Activities Forest Practices, o Processing Lumber Mills, Portable, for Personal Temporary Use urseries Retail Sales of Agricultural Products P/ Small-Scale Slaughterhouses Unnamed Agricultural and Forestry Use otes. ategories of uses: = Uses allowed outright (i.e., without a project permit), subject to the applicable development standards (hapter 8.60 SJ); if a building or other construction permit is required, this is subject to administrative review; see SJ :\LAD USE\LOG RAGE PROJETS\PODES Vacation Rental Amend\Ordinance\08-0-_ORD_VR_

21 Ordinance o Page of 45 P = P/ = Use subject to administrative consistency review for compliance with hapter 8.60 SJ, Development Standards, and hapter 8.40 SJ, Performance and Use-Specific Standards; see SJ Administrative review; a discretionary use subject to administrative permit approval and consistency with hapter 8.60 SJ, Development Standards, unless the administrator requires a conditional use permit based on project impacts; see SJ and Table 8.. = onditional use, subject to public notice and permit hearing procedure; see SJ = Prohibited use The assignment of allowed uses may not directly or indirectly preclude the siting of essential public facilities (as designated in the omprehensive Plan; see also the definition in SJ ) within the ounty. See SJ Deer Harbor land use designations: H = Hamlet commercial HI-A = Hamlet industrial (Boatworks, TP A) HI-B = Hamlet industrial (onnor/ookston TPs 6060 and ) HR = Hamlet residential SETIO 5. SJ 8.0.0, Ordinance 5-0 9, and Ordinance 5-0 ; are each amended to read as follows: Expansion of existing uses. Expansion in the scale or scope of the existing allowable activities will be subject to a conditional permit process. When evaluating proposals for the alteration, modification or expansion of an existing allowable use, the administrator shall consider the total impact of the use as well as the added impact of the incremental changes being proposed and the consistency of the changes being proposed with the applicable land use designation. Expansion of or changes to nonconforming activities is subject to the provisions of SJ Shoreline uses are subject to the provisions of the Shoreline Master Program, hapter 8.50 SJ and San Juan ounty omprehensive Plan hapter. :\LAD USE\LOG RAGE PROJETS\PODES Vacation Rental Amend\Ordinance\08-0-_ORD_VR_

22 Ordinance o Page of 45 Existing ommercial and Industrial Land Uses onnor/ookston HI-B (TPs 6060 and ) Uses Allowable Permit Level onstruction ard Light Manufacturing (Light Manufacturing) Outdoor Storage ard P/ Equipment Rental (Incidental to onrental Primary Use of Equipment) Bulk Fuel Storage ottage Enterprise P Plant ursery Lumber Mill, Portable, for Personal Temporary Use Retail Sales and Services Wholesale Distribution Outlet Office Space Single-Family Residence Accessory to an Allowable onresidential Use ommercial Parking Use Boatworks HI-A (TP A) Allowable Permit Level Automotive Service and Repair :\LAD USE\LOG RAGE PROJETS\PODES Vacation Rental Amend\Ordinance\08-0-_ORD_VR_

23 Ordinance o Page of 45 Boatworks HI-A (TP A) Use Allowable Permit Level Retail Sales and Service Bulk Fuel Storage Eating Establishment onstruction ard Light Industrial Outdoor Storage ard P/ Wholesale Distribution Outlet Wrecking and Salvage ard (Boats) Adult Educational Facility Outdoor Recreational Developments Single-Family Residential Accessory to onresidential Use Portable Lumber Mill (For Personal Temporary Use) Launching Ramp (Boat) Barge Landing Site ottage Enterprise P Home Occupation ADU Transient Vacation Rental :\LAD USE\LOG RAGE PROJETS\PODES Vacation Rental Amend\Ordinance\08-0-_ORD_VR_

24 Ordinance o Page 4 of 45 Uses Deer Harbor Inn Allowable Permit Level Hotel/Motel P Resort Eating Establishment P Drinking Establishment Retail Sales and Services Personal and professional Services P Uses ayou Quay Marina Allowable Permit Level Marina (Boat, Barge and Winter Dock) Fresh Water Storage Parking Small Boat Storage Marina Maintenance and Repair Office Single-Family Residential, or Accessory Apartment, or Accessory to an Allowable onresidential Use :\LAD USE\LOG RAGE PROJETS\PODES Vacation Rental Amend\Ordinance\08-0-_ORD_VR_

25 Uses The Resort at Deer Harbor Allowable Permit Level Existing Resort Restaurant Post Office Parking Ordinance o Page 5 of 45 Uses Deer Harbor Marina Allowable Permit Level Marina Bulk Fuel Storage Retail Sales and Services Eating Establishment P Drinking Establishment P Sailing School Water Taxi SETIO 6. SJ , Ordinance 5-0 4, and Ordinance 0-00 ; are each amended to read as follows: Allowable uses and land use permit requirements. All development and use within Orcas Village shall conform to the Table of Permitted and Prohibited Land Uses in the following table, Table : Table Permitted and Prohibited Land Uses ()()()(4)(5) :\LAD USE\LOG RAGE PROJETS\PODES Vacation Rental Amend\Ordinance\08-0-_ORD_VR_

26 Ordinance o Page 6 of 45 ommercial Land Uses Land Uses Orcas Village Transportation (6) Orcas Village ommercial Orcas Village Residential Automotive Service and Repair Bed and Breakfast Residence Bed and Breakfast Inn Day are, 6 hildren P/ Day are, 7+ hildren Drinking Establishment Eating Establishment Hotel/Motel Indoor Entertainment Facility ursing Home Personal and Professional Services Personal Wireless Service Facility, co-located on an existing, permitted stand-alone tower, or mounted to the surface of an existing structure Personal Wireless Services Facility, mounted on a building which meets the height standard of the land use designation, or a facility disguised or camouflaged as an allowable exemption to the height standard P/ P/ P/ P/ Personal Wireless Service Facility, other Residential are Facilities, 8 people P/ Residential are Facilities, 9 5 people Retail Sales and Services :\LAD USE\LOG RAGE PROJETS\PODES Vacation Rental Amend\Ordinance\08-0-_ORD_VR_

27 Ordinance o Page 7 of 45 ommercial Land Uses Land Uses Orcas Village Transportation (6) Orcas Village ommercial Orcas Village Residential Transient Vacation Rental of Residence or Guest House or Accessory Dwelling Unit Warehouse, Mini Storage and Moving Storage Facilities Unnamed ommercial Uses (8) Industrial Land Uses Land Uses Orcas Village Transportation Orcas Village ommercial Orcas Village Residential Bulk Fuel Storage Facilities (for Retail) Light Manufacturing P/ Storage and Treatment of Sewerage, Sludge and Septage-Alternative Systems Storage and Treatment of Sewerage, Sludge and Septage-Lagoon Systems Wholesale Distribution Outlet Unnamed Industrial Uses Residential Land Uses Land Uses Orcas Village Transportation Orcas Village ommercial Orcas Village Residential ottage Enterprise P/ P/ Farm Labor Accommodations for Persons Employed in Agricultural Production on the Premises Farm Stay :\LAD USE\LOG RAGE PROJETS\PODES Vacation Rental Amend\Ordinance\08-0-_ORD_VR_

28 Ordinance o Page 8 of 45 Residential Land Uses Land Uses Orcas Village Transportation Orcas Village ommercial Orcas Village Residential Home Occupation Mobile Home Parks Multifamily Residential Units (+ units) P P Planned Unit Development Rural Residential luster Development Single-Family Residential Unit Single-Family Residential ( unit only) or Accessory Apartment ( unit only) Only as an Accessory to an Allowable onresidential Use Two-Family Residential Unit P P Unnamed Residential Uses Public and Institutional Uses Land Uses Orcas Village Transportation Orcas Village ommercial Orcas Village Residential ollege or Technical School/Adult Education Facility ommunity lub or ommunity Organization Assembly Facility (9) Emergency Services Government Offices Institutional amps Library (9) P/ P/ Museum (9) P/ P/ :\LAD USE\LOG RAGE PROJETS\PODES Vacation Rental Amend\Ordinance\08-0-_ORD_VR_

29 Ordinance o Page 9 of 45 Public and Institutional Uses Post Office Religious Assembly Facility (9) School, Primary and Secondary Unnamed Public and Institutional Uses (9) Recreational Uses Land Uses Orcas Village Transportation Orcas Village ommercial Orcas Village Residential amping Facilities in Public Parks Indoor Recreation Facilities Outdoor Recreation Developments Parks P Playing Fields Recreational Vehicle Parks Outdoor Shooting Ranges Unnamed Recreational Uses Transportation Uses Land Uses Orcas Village Transportation Orcas Village ommercial Orcas Village Residential Airfields Airports Airstrips Hangars Helipads Ferry Terminal Parking Lots, Ferry ommuter Parking Lots, ommercial :\LAD USE\LOG RAGE PROJETS\PODES Vacation Rental Amend\Ordinance\08-0-_ORD_VR_

30 Ordinance o Page 0 of 45 Transportation Uses Land Uses Orcas Village Transportation Orcas Village ommercial Orcas Village Residential Parking Structures Streets, Public Taxi and ommunity Pickup/Dropoff Services P/ Trails and Paths, Public Unnamed Transportation Uses Utilities Uses Land Uses Orcas Village Transportation Orcas Village ommercial Orcas Village Residential ommercial Power Generation Facilities (0) ommunity Sewerage Treatment Facilities Utility Distribution Lines ategory A Joint Use Wireless Facility (7) ategory B Joint Use Wireless Facility P/ P/ P/ Utility Facilities Utility Substations Utility Transmission Lines Water Storage Tanks, ommunity P/ P/ Water Treatment Facilities P/ P/ P/ Unnamed Utility Uses Agriculture and Forestry Uses Land Uses Orcas Village Transportation Orcas Village Orcas Village ommercial Residential Agricultural Processing, Retail and Visitor Serving Facilities for Products :\LAD USE\LOG RAGE PROJETS\PODES Vacation Rental Amend\Ordinance\08-0-_ORD_VR_

31 Ordinance o Page of 45 Land Uses Agriculture and Forestry Uses Orcas Village Transportation Orcas Village Orcas Village ommercial Residential Agricultural Uses and Activities Forest Practices, o processing () Lumber Mills, Portable (In use for no more than 48 hours, for personal use) urseries P/ Retail Sales of Agricultural Products P/ Small Scale Slaughter Houses Unnamed Agricultural and Forestry Uses otes:. All uses must be consistent with the purpose of the land use designation in which they are proposed to occur. All land uses in all designations must meet the general regulations in SJ through unless otherwise stated therein.. A land use or development proposed to be located entirely or partly within 00 feet of the ordinary high water mark of a regulated shoreline is within the jurisdiction of the shoreline master program, and is subject to the applicable provisions of Section of the omprehensive Plan and of hapter 8.50 SJ, as well as the applicable provisions and permit requirements indicated in this table. Please refer to hapter 8.50 SJ for specific use regulations and regulations by shoreline environment; see also hapter 8.80 SJ for shoreline permit requirements.. Overlay districts and subarea plans provide policies and regulations in addition to those of the underlying land use designations for certain land areas and for uses that warrant specific recognition and management. For any land use or development proposed to be located entirely or partly within an overlay district or within the jurisdiction of a subarea plan, the applicable provisions of the overlay district or :\LAD USE\LOG RAGE PROJETS\PODES Vacation Rental Amend\Ordinance\08-0-_ORD_VR_

32 Ordinance o Page of subarea plan as provided in this chapter shall prevail over any conflicting provisions of the UD. 4. The assignment of allowed and prohibited uses may not directly or indirectly preclude the siting of essential public facilities (as designated in the omprehensive Plan; see also the definition in hapter 8.0 SJ) within the ounty. See SJ Per Ordinance 5-00, the shoreline east of the Orcas Village commercial designation is a marine protected area with specific provisions regarding acceptable uses. Please see Ordinance 5-00 for details. 6. Permit procurement will be dependent upon the delineation of the appropriate setbacks and screening requirements necessary to maintain the rural character and visual aesthetic of the village as detailed in Section.7 of the Orcas Village Plan. Site-specific concerns, particularly those relating to traffic flow and visual impacts, will be a central consideration in fashioning the appropriate conditions of the UP. 7. Though a project permit is not required, these facilities are subject to the requirements for joint use wireless facilities found in hapter 8.40 SJ. 8. Moorage facilities serving residential uses abutting the Orcas Village shoreline are subject to SJ (G) and other applicable provisions of that section of the code and the policies of the shoreline master program. Transient moorage facility is defined as an over-the-water facility for securing boats, including docks, piers and moorage buoys, which accommodate individual craft for no longer than 4 hours per visit and no more than 4 hours per calendar month. The existing Bay Head Marina may expand within but not beyond the existing boat basin, subject to the applicable regulations. 9. It is of primary importance that a traffic study and evaluation of the traffic impacts of this use on the Orcas Village commercial designation be carried out and considered as part of a discretionary or conditional use permit application, review, and implementation. 0. Home generation facilities exempted. Home generation facilities are not considered a utility use but rather a residential accessory use. Home generation facilities are defined as small-scale, home-oriented, wind, solar, biomass or :\LAD USE\LOG RAGE PROJETS\PODES Vacation Rental Amend\Ordinance\08-0-_ORD_VR_

33 Ordinance o Page of geothermal based technologies that generate electricity from 00 percent renewable resources for the consumption of the property owner. The property owner may, within this provision, sell excess power.. Forest practices (including timber harvesting), except for lass IV General (see hapter 8.40 SJ), are regulated by the Washington Department of atural Resources. The following table entitled Table , Explanation of Permit Procedures, describes the land use permit requirements specified above for the Orcas Village land use designations: 9 0 Use ategory P P/ Table Explanation of Permit Procedures Permit Procedure Allowed use. o use permit or review is required. Use, site plan, structures, and parking must meet the development and use standards of Table and the provisions of this title. Allowed use. A provisional use permit is required. This is approved or denied administratively based on the development standards and performance standards in the UD and any special conditions in the Orcas Village Plan. A public hearing is not required. Allowed use. A discretionary use permit is required. If impacts are found to be high they must be mitigated to medium or low according to UD Table 8. or the administrator will require a conditional use permit. As noted below, a conditional use permit requires a public hearing. onditionally allowed use. Because of the nature of the category of use, substantial limitations on the specific use and on the scale and nature of development may be required to ensure that the specific use proposed is appropriate in the Orcas Village environment. The use may be denied, or conditions may be imposed, based on appropriateness of the development and use to the size and location of the site; unique conditions of slope, drainage, access and the natural environment of the site; and compatibility with adjacent uses. A conditional use permit (UP) is required. A UP requires a public hearing. Use is not allowed. :\LAD USE\LOG RAGE PROJETS\PODES Vacation Rental Amend\Ordinance\08-0-_ORD_VR_

34 Ordinance o Page 4 of SETIO 7. SJ , Ordinance and Ordinance ; are each amended to read as follows: Allowed uses. All development and uses within ountry orner shall conform to the table of permitted land uses in the following tables: Table (,,,4,5,6) OMMERIAL LAD USES Animal Hospitals, Shelters and Veterinary linics Automotive Service, Fuel and Repairs Bed and Breakfast Inn (up to 5 units total) Bed and Breakfast Residence amping Facilities Day are with 6 hildren Day are with 7+ hildren Drinking Establishment Eating Establishment Equipment Rental Services Hotel/Motel Indoor Entertainment Facility Landscaping, urseries and Retail Plant Sales ursing Homes Personal Wireless ommunication Facility P P/ P/ P P P/ :\LAD USE\LOG RAGE PROJETS\PODES Vacation Rental Amend\Ordinance\08-0-_ORD_VR_

35 Ordinance o Page 5 of 45 Personal and Professional Services Residential are Facilities (up to 6 persons) Residential are Facilities (9 5 persons) amps, ew Resorts, ew Retail Sales and Services 76 Vacation Rental of Residence or ADU Mini-Storage, and Moving Storage Facilities Laundromat ar Wash Unnamed ommercial Uses IDUSTRIAL LAD USES Bulk Fuel Storage Facility oncrete and oncrete Batch Plants onstruction ard and Related Businesses Feedlots Garbage and Solid Waste Transfer Stations Heavy Industrial Light Industrial Light Manufacturing Lumber Mills, Stationary Outdoor Storage ards / :\LAD USE\LOG RAGE PROJETS\PODES Vacation Rental Amend\Ordinance\08-0-_ORD_VR_

36 Ordinance o Page 6 of 45 Recycling enter Recycling ollection Point Resource Processing Accessory to Extraction Operations Mining and Mineral Extraction Activities Reclamation of Mineral Extraction Sites Wholesale Distribution Outlets Wrecking and Salvage ards Storage and Treatment of Sewerage, Sludge, and Septage Lagoon Systems Unnamed Industrial Uses ISTITUTIOAL LAD USES ollege ommunity lub or ommunity Organization Assembly Facility Emergency Services Government Offices Institutional amps Library Museum Post Office Religious Assembly Facility School, Primary and Secondary P/ P/ :\LAD USE\LOG RAGE PROJETS\PODES Vacation Rental Amend\Ordinance\08-0-_ORD_VR_

37 Ordinance o Page 7 of 45 Technical School/Adult Education Facility Unnamed Institutional Uses REREATIOAL LAD USES amping Facilities in Public Parks Indoor Recreation Facilities Outdoor Recreation Developments Parks Playing Fields Recreational Vehicle Parks Outdoor Shooting Ranges Unnamed Recreational Uses RESIDETIAL LAD USES ottage Enterprise Farm Labor Accommodations for persons employed in agricultural production on the premises Farm Stay Home Occupation Mobile Home Parks Multifamily Residential Units (+ units) Single-Family Residential (or apartment), only as an accessory to an allowable nonresidential use Two-Family Residential (duplex) P/ P P/ :\LAD USE\LOG RAGE PROJETS\PODES Vacation Rental Amend\Ordinance\08-0-_ORD_VR_