Island County schedules July 8 hearing on revised moratorium for mixed‑use RAIDs after business concerns

On June 3, 2025, the Board of Island County Commissioners held a public hearing on the county’s emergency moratorium (Ordinance C29-25) — originally adopted April 15 — that pauses processing of land-use and building permit applications in 11 mixed-use RAIDs (rural areas of more intensive development). Staff explained the moratorium is a temporary measure under state law (RCW 36.70A.390) to preserve existing development capacity while the county updates density and zoning rules as part of its comprehensive plan.

Emily Neff, Assistant Director of Planning and Community Development, reviewed the moratorium and its four exemption categories: additions/repairs to single-family residences that do not increase value by more than 50%; improvements to mobile or manufactured homes; reconstruction after an emergency such as fire or earthquake; and applications that planning staff had deemed complete before the moratorium’s effective date of April 15. Neff said the moratorium will remain in effect for up to 12 months unless an ordinance rescinds it sooner.

Public commenters representing commercial-property owners and tenants — including operators of Ken’s Corner and business owners in Clinton and Camano — urged the county to add flexibility for commercial tenants and landlords. Michael McMahon, speaking for Ken’s Corner, warned, “And essentially you'd create a food desert on South South Whidbey Island,” if a replacement moratorium blocked a new grocery tenant from renovating and opening in a timely way. Several business owners and property managers said the language in the proposed replacement moratorium that allows only “minor modifications and emergency repairs” could leave essential services vacant while parties wait up to a year for new code rules.

Staff and the board discussed possible refinements. Neff and planning director Jocelyn Lang said the draft replacement (Ordinance C35-25) includes a new exemption for “building applications or construction performed for emergency repairs or minor maintenance to existing lawfully constructed commercial structures where such applications, permits, or construction projects do not impair opportunities for achieving new densities through zoning code amendments required to meet the housing targets for the comprehensive plan update.” Neff read that language aloud during the hearing.

Board members and staff debated how to interpret “minor maintenance” and whether to allow larger interior renovations that do not change a building’s footprint or inhibit future higher-density use. Staff said that emergency repairs to preserve a building (for example, to stop active water intrusion) would be allowed; major remodels and change‑of‑use actions that could vest a long-term, low‑density commercial use were described as outside the exemption’s intent. Planning staff also said pre-application conferences do not vest applicants; only a planning application deemed complete before the moratorium effective date would be vested under prior code.

After hearing comments, the board directed staff to consider revisions that would provide clearer flexibility for commercial tenants and owners while preserving the moratorium’s goal of protecting future capacity for housing. The board scheduled a public hearing on the replacement moratorium (Ordinance C35-25) for July 8, 2025, at 10 a.m. The existing moratorium (adopted April 15) remains in effect until repealed or until April 15, 2026, unless the board rescinds it earlier.

Staff said they will work with the prosecutor’s office to refine the exemption language and return with a revised draft for public comment. Planning staff encouraged property owners and tenants who have time‑sensitive, state‑mandated repairs to contact the planning department so staff can determine whether those repairs qualify as emergency work under the exemption.