1. Building size or height;

1. AMC Chapter 19.41, Allowed Uses.

2. AMC Chapter 19.42, Form and Intensity Standards.

3. The applicable use standards of AMC Chapters 19.43 through 19.48 .

1. AMC Chapter 19.51, Public Street Improvements Required.

2. AMC Chapter 19.52, Public Street Design.

3. AMC Chapter 19.53, Private Driveways and Access.

4. AMC Chapter 19.54, Subdivision Design and Block Structure.

1. AMC Chapter 19.61, Block Frontage Standards.

2. AMC Chapter 19.62, Site Planning.

3. AMC Chapter 19.63, Building Design.

4. AMC Chapter 19.64, Parking.

5. AMC Chapter 19.65, Landscaping.

6. AMC Chapter 19.66, Fences, Walls and Hedges.

7. AMC Chapter 19.67, Signs.

8. AMC Chapter 19.69, Standards, Generally.

1. AMC Chapter 19.70, Critical Area Regulations.

2. AMC Chapter 18.04, State Environmental Policy Act.

3. AMC Chapter 18.16, Shoreline Master Plan.

4. AMC Chapter 19.76, Stormwater.

5. AMC Chapter 19.78, Clearing and Grading. (Ord. 3040 § 2 (Att. A), 2019)

1. Cemeteries and other burial plots while used for that purpose.

2. Divisions of land into lots or tracts each of which is five acres or larger if the land is not capable of description as a fraction of a section of land, including the area bordering on a street or road which would be bounded by the centerline of the street or road and the side lot lines of the lot running perpendicular to such center line.

3. Divisions made by testamentary provisions or the laws of descent.

4. Divisions for the purpose of lease when no residential structure other than manufactured homes or travel trailers are permitted to be placed upon the land and an enforceable, binding site plan has been approved in accordance with the binding site plan provisions of this chapter, and which:

5. Divisions made in connection with acquisition of land by the city, including divisions made by deed for road widening purposes; provided, that such land may be accepted on behalf of the city by action of the City Council.

6. Adjustments of boundary lines in accordance with AMC Chapter 19.34, Boundary Line Adjustments.

7. Divisions of land into lots or tracts less than three acres that is recorded in accordance with Chapter 58.09 RCW and is used or to be used for the purpose of establishing a site for construction and operation of consumer-owned or investor-owned electric utility facilities per RCW 58.17.040(9).

8. Divisions of land for the purpose of leasing land for facilities providing personal wireless services while used for that purpose.

9. Divisions of land for the purpose of dedicating to the public such tracts of lands for open spaces, drainage ways, roads, alleys, easements, parks, playgrounds, sites for schools, school grounds, water supplies, sanitary wastes and other general purposes that may be required to protect the public health, safety and welfare.

10. Condominiums, pursuant to RCW 58.17.040(7). (Ord. 3040 § 2 (Att. A), 2019)

1. Application. A completed application form and application fees.

2. Title Report. A title report issued within 30 days of application, showing all persons having ownership interest, a legal description describing exterior boundary of the land to be subdivided and listing all encumbrances affecting the land.

3. SEPA. A completed and signed environmental (SEPA) checklist if the division of land is not exempt under WAC 197-11-800 and AMC Chapter 18.04, State Environmental Policy Act.

4. Grading. A preliminary grading plan in accordance with AMC Chapter 19.78, Clearing and Grading, and showing proposed cuts and fills for public improvements and private development, including transitions between the subject and adjacent properties.

5. Stormwater.

6. A tree preservation plan in accordance with AMC Chapter 16.50, Tree Preservation.

7. Supplemental Studies and Reports. Any related information and/or studies identified in the pre-application conference meeting, or deemed necessary by the Director, including but not limited to a traffic study, geotechnical report, critical areas report and mitigation plan, and landscape plans.

8. Preliminary Plans. A set of full-size plans containing the following information (multiple sheets may be used in order to provide clarity):

9. Reduced-Size Plans. A reduced-size vicinity map and site plan showing proposed lot layout (suitable for public notice purposes).

10. Detailed Requirements. The Director is authorized to provide more detailed requirements for each of the items required for submittal of a complete preliminary plat or final plat application, including size, scale, number of copies, and content. (Ord. 4022 § 1 (Att. A), 2022; Ord. 3040 § 2 (Att. A), 2019)

1. AMC Chapter 19.51, Public Street Improvements Required.

2. AMC Chapter 19.52, Public Street Design.

3. AMC Chapter 19.53, Private Driveways and Access.

4. AMC Chapter 19.54, Subdivision Design and Block Structure.

1. AMC Chapter 16.50, Tree Preservation.

2. AMC Chapter 19.70, Critical Area Regulations.

3. AMC Chapter 19.22, Concurrency.

4. AMC Chapter 19.76, Stormwater, including stormwater infiltration when feasible.

1. Makes adequate provision for parks, recreation, and playgrounds.

2. Makes adequate provision for schools and school grounds.

3. Makes adequate provisions for sidewalks and other planning features that meet the requirements of this title and that provide safe walking conditions for students who walk to and from school.

4. Serves the public interest and makes appropriate provisions for the public health, safety, and welfare.

1. The applicant must request approval of phasing in the preliminary land division application.

2. Each separate phase is required to meet the requirements of the criteria above and all other applicable city codes when considered independently from any other phase.

3. Where an applicant requests phasing after preliminary land division approval has been granted, phasing may be approved only through modification of the preliminary subdivision approval using the preliminary land division approval procedures in AMC 19.20.030. (Ord. 3040 § 2 (Att. A), 2019)

1. Approval Process. Short subdivisions follow the procedures established in AMC 19.20.030.

2. Effect of Preliminary Approval. Preliminary approval constitutes authorization for the applicant to develop the required facilities and improvements, upon review and approval of construction drawings by the Public Works Department. All such facilities and improvements must be completed or have a performance assurance guarantee posted to ensure completion as provided in AMC 19.51.070, prior to recording of the short subdivision. All development of a short subdivision must be subject to any conditions imposed by the city on the short subdivision approval.

3. Revision and Expiration. Short subdivisions follow the revision and expiration procedures established in AMC Chapter 19.28, Permit Revision and Expiration.

4. Recording. All short subdivisions must be recorded in compliance with the following:

5. Restriction on Further Division. Land within an approved and recorded short subdivision may not be further subdivided within a period of five years from the date of final approval if such further division would result in more than nine lots within the original short subdivision boundaries. Any division that would result in more than nine lots within the original short subdivision within the five-year period may be accomplished only by following the process for preliminary and final long subdivision approval in this section.

1. Approval Process. Preliminary long subdivisions follow the procedures established in AMC 19.20.030.

2. Effect of Preliminary Approval. Preliminary approval constitutes authorization for the applicant to develop the required facilities and improvements, upon review and approval of construction drawings by the Public Works Department. All such facilities and improvements must be completed or have a performance assurance posted to ensure completion, as provided in AMC 19.51.070, prior to recording of the long subdivision. All development must be subject to any conditions imposed by the city on the preliminary long subdivision approval.

3. Revisions and Expiration. Long subdivisions follow the revision and expiration procedures established in AMC Chapter 19.28, Permit Revision and Expiration.

1. Final plats must be submitted in accordance with AMC 19.32.060 and 19.32.070.

2. Review. The final plat must be reviewed to ensure that the following have been completed:

3. Review of Final Long Subdivisions. The City Council must review the final plat at a public meeting, according to the review criteria for final plats in AMC 19.32.070. No public hearing is required. If the City Council approves the final plat, the Mayor is authorized to inscribe and execute the written approval on the face of the plat map. If the City Council denies the final plat, the final plat will be returned to the applicant with reasons for denial and conditions for compliance.

4. Review of Final Short Subdivisions. The Director must review the final short plat according to the criteria for final plats set forth in AMC 19.32.070.

5. Recording. All final plats must be recorded in compliance with the following:

1. Approval Process. Unit lot subdivisions follow the procedures established in AMC 19.20.030 for short subdivision or long subdivision, according to the number of unit lots proposed. Final unit lot subdivisions of 10 or more lots follow the procedures for final long subdivision in subsection C of this section.

2. Compliance with Prior Approvals. Sites developed or proposed to be developed with duplexes, triplexes, cottages and townhouses per the standards in AMC 19.43.010 may be subdivided into individual unit lots as provided herein. The development as a whole must conform to the regulations applicable to the site and zone and to applicable plans that were granted approval through provisions of this code.

3. Development on individual unit lots is not required to conform with all development standards that typically apply to individual lots as long as the parent lot conforms to all such development standards.

4. Subsequent platting actions, additions, or modifications to the structure(s) may not create or increase any nonconformity of the parent lot.

5. Access easements, joint use and maintenance agreements, and covenants, conditions and restrictions (CC&Rs) identifying the rights and responsibilities of property owners and/or the homeowners’ association must be executed for use and maintenance of common garage, parking and vehicle access areas; underground utilities; common open space; exterior building facades and roofs; and other similar features must be recorded with the Skagit County Auditor.

6. Within the parent lot, required parking for a dwelling unit may be provided on a different unit lot than the lot with the dwelling unit, as long as the right to use the parking is formalized by an easement recorded with the Skagit County Auditor.

7. Notes must be placed on the face of the plat or short plat as recorded with the Skagit County Auditor to acknowledge the following:

8. Effect of Preliminary Approval. Preliminary approval constitutes authorization for the applicant to develop the required facilities and improvements, upon review and approval of construction drawings by the Public Works Department. All development must be subject to any conditions imposed by the city on the preliminary approval.

9. Revision and Expiration. Unit lot subdivisions follow the revision and expiration procedures established in AMC Chapter 19.28, Permit Revision and Expiration.

1. Division of land using the binding site plan process is limited to:

2. Approval Process. Binding site plans follow the procedures established in AMC 19.20.030.

3. Post-Approval Requirements. The following requirements apply to proposals submitted under this section:

4. Recording. All final plats must be recorded in compliance with the following:

1. All plans, specifications, as-built drawings, and documents relating to required public improvements have been approved and accepted by the City Engineer.

2. All deeds, conveyances, covenants, dedications, indemnities, restrictions, and agreements have been approved by the City Attorney.

3. All fees are paid and accepted, all voluntary contributions are accepted and approved, and all security devices are approved and effective.

4. All improvements and other conditions required by the preliminary plat approval have been installed and approved, or have been bonded in accordance with this title.

5. All sewage disposal, water supply, stormwater and other utility systems are functioning properly and are determined to be adequate.

6. All required certifications by the owner, financial institutions, and surveyor are signed.

7. A title report, completed within 30 days preceding submittal of a complete final plat, is provided showing ownership and all other interests in the land described and shown on the final plat are in the name of the person signing the owner’s certificate.

8. A completed stormwater site plan and a stormwater maintenance plan for all stormwater elements of the plat.

1. A land surveyor registered in the state of Washington must prepare or supervise the preparation of the final plat, pursuant to RCW 58.04.003, and must certify and sign the map.

2. A land surveyor registered in the state of Washington must survey the land to be divided, and as much of the sections in which the land is located as is needed to properly orient the land within the sections. The survey must comply with applicable state and city standards.

1. The full and complete legal description of all land included in the plat.

2. The name of the plat.

3. Locations and names, without abbreviation, of all streets, public areas, and easements within and adjoining the plat.

4. True north point on each sheet which depicts property included in the plat.

5. The scale, uniform and of sufficient size for good legibility, on each sheet which depicts property included in the plat.

6. The length and bearings of all straight lines, radii, arcs and semi-tangents of all curves.

7. Centerline data on streets and easements, including bearings and distances.

8. All dimensions along the lines of each lot and tract, in feet and decimals of a foot to the nearest hundredth, with the true bearings and any other data necessary for the location of any boundary line in the field.

9. Centerline data, width and sidelines of all easements, restrictions, and rights-of-way to which lots and tracts are subject.

10. Easements for storm drains, sewers, utilities and all other purposes must be denoted by broken lines.

11. The maximum impervious surface allowed for each lot as determined by the calculations in the stormwater report for the subdivision.

12. Provisions approved by the City Attorney, ensuring access to storm drainage facilities and public access to trails or sidewalks if required as a condition of preliminary plat approval.

13. Contiguous plats by name or, if unplatted, so noted.

14. City and county boundaries crossing or adjoining the subdivision.

15. All lots must be numbered in sequence and provided with an address as provided by the city’s address coordinator.

16. Each lot must be shown entirely on one sheet.

17. All points which were used as ties to establish the boundaries of the tract.

18. The location, size and shape of all permanent control monuments found and established at the controlling corners on the perimeter and within the plat and all monuments or other evidence used as ties to establish the plat boundaries.

19. Accurate boundaries of all areas to be dedicated or reserved for public use or to be committed for the common use of property owners within the subdivision. All dedications and reservations must be stated on the plat together with appropriate recording references as required by the Director.

20. All required dedications, endorsements, covenants, affidavits, and certificates must be stated and shown on the face of the plat.

21. The section, township and range.

22. Conditions of approval of the preliminary plat, including but not limited to dedications, reservations, open space tracts, critical areas and buffers, LID features, stormwater requirements and homeowners’ association obligations.

23. Homeowners’ association documents, condominium declarations, and other similar documents required or permitted by the preliminary plat.

24. Names and addresses of subdivider(s) and surveyor(s) on each sheet.

25. The number of the sheet and total number of sheets on each sheet.

26. Other information the Director deems necessary.

1. Surveyor. The surveyor’s seal and signature on the plat along with a statement certifying that:

2. Owner. The owner of any interest in and the holder of any lien or encumbrance upon the land proposed for subdivision must certify that the proposed final plat is submitted with their consent and there is no objection thereto.

3. Dedications. A statement and certificate of dedication by the owner, acknowledged by a notary and acceptable to the City Attorney, for all areas to be dedicated to or for the benefit of the public. This includes dedication of city stormwater facilities and access easements when required by AMC Chapter 19.76, Stormwater.

4. Owner’s Covenant. The owner must grant to the city a covenant acceptable to the city and releasing, indemnifying and holding the city harmless from any and all claims for damages, liabilities, or injunctive relief of whatever nature arising from the design, construction, operation and maintenance of the plat and all associated improvements.

5. Waiver of Access. If required by the conditions of preliminary plat approval, a waiver by the owner of direct access to any street from any property.

6. Roads Not Dedicated. A statement by the owner and clear visual indication on the plat of every street, way, road, sidewalk or similar facility that is not dedicated to the public, and specifying the maintenance and inspection responsibility therefor.

7. City Engineer. A statement to be signed by the City Engineer accepting the survey data, dedications and reservations, the layout of streets and other rights-of-way, design of bridges, sewage and water systems, all other utilities, and all other public improvements.

8. Director. A statement to be signed by the Director that the final plat conforms to the approved preliminary plat and all conditions of the preliminary approval.

9. County Treasurer. A statement to be signed by the county treasurer that all taxes and assessments for which the land to be divided may be liable as of the date of the signing of the statement have been paid in full.

10. City Treasurer. A statement to be signed by the City Treasurer that all assessments, fees and contributions have been paid in full or secured in accordance with this title.

11. Council Approval. For long subdivision final plats only, a statement that the City Council has approved the final plat, to be signed by the Mayor and City Clerk following final action of the City Council.

1. Resolve boundary line issues, such as encroachments, between two lots.

2. To consolidate two or more lots.

3. Other minor adjustments to boundary lines that meet the requirements and purpose of this chapter.

1. Create any additional lot.

2. Alter the underlying plat pattern, such as changing the general orientation of lots or lot access.

3. Result in the entire relocation of lots from one area to another.

4. Result in avoiding public improvement requirements that would be associated with a replat or other new land division approval, or an obligation to pay latecomer fees.

5. Require the creation of new streets or private roads, or require dedication of public right-of-way, or creation of access easements.

6. Diminish or impair existing or future drainage, water supply, or sanitary sewage disposal.

7. Result in a lot that contains insufficient area and dimensions to meet the minimum lot size for the applicable zone.

8. Amend or act contrary to the conditions of approval for property that is part of an existing plat or short subdivision.

9. Result in a lot without adequate vehicular access, including access for emergency response vehicles.

10. Result in a lot having more than one zoning or land use designation.

11. Result in a lot located partially within the city limits and partially within unincorporated Skagit County.

1. There is compliance with the requirements of this chapter.

2. The surveyor preparing the record of survey finds or sets monuments at all corners and angle points of the adjusted lots. At the discretion of the city, witness corners and reference monuments may be used when impracticable to monument the actual corners.

3. Each adjusted lot must have a unique identifier on the record of survey that has not been previously used or associated, in any way, with the adjusted parcels.

4. The county treasurer has certified that all taxes on the land have been fully paid and discharged consistent with applicable requirements.

5. The record of survey is prepared by a Washington State licensed land surveyor in accordance with Chapter 332-130 WAC and Chapter 58.09 RCW.

6. A final record of survey has been approved by the Director and filed for record by the applicant with the Skagit County Auditor. (Ord. 3040 § 2 (Att. A), 2019)

1. The use would comply with any specific requirements for the conditional use specified elsewhere in this code;

2. Access to the site is appropriate considering the anticipated volume of traffic resulting from the use;

3. Off-street parking and loading facilities are adequate in terms of location, amount, and design to service the use;

4. The amount and location of open space and the provision of screening is such that buffering of incompatible uses is achieved;

5. The location and intensity of outdoor lighting is such that it does not cast light on adjacent, adjoining, or neighboring properties;

6. Hours and manner of operation of the proposed use, including anticipated noise generation, are not inconsistent with the adjacent or nearby uses;

7. Public facilities and utilities are capable of adequately serving the proposed use;

8. The physical conditions of the site, including size, shape, topography, and drainage, are suitable for the proposed development;

9. Any other factors deemed relevant to the decision-maker. (Ord. 2992 § 1 (Att. A), 2016)

1. Requirements increasing the required lot size or yard dimensions;

2. Increasing street widths, controlling the location and number of vehicular access points to the property;

3. Increasing the number of off-street parking or loading spaces required;

4. Limiting the coverage or height of buildings or structures or requiring screening and landscaping where necessary to reduce noise and glare and maintain the property in a character keeping with the surrounding area; and

5. Requirements under which any future enlargement or alteration of the use must be reviewed by the city and new conditions imposed. (Ord. 2992 § 1 (Att. A), 2016)

1. Building size or height;

2. Landscaping;

3. Lot coverage;

4. Minimum density or maximum lot size;

5. Parking;

6. Setbacks.

1. Allowable, conditionally permitted, or prohibited uses in each zone;

2. Maximum density or minimum lot size;

3. Procedural or administrative provision of this Title;

4. Any provision of this code which, by the express terms of that provision, is not subject to a variance;

5. Any conditions of approval established during permit review;

6. The provisions of AMC Chapter 19.70 Critical Areas. (Ord. 2992 § 1 (Att. A), 2016)

1. A Level 1 variance is any variance up to twenty-five percent of the numerical standard in question.

2. A Level 2 variance is any variance that exceeds twenty-five percent of the numerical standard in question.

1. The variance will not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone of the site;

2. The variance is necessary because of the unique size, shape, topography, or location of the site;

3. The site is deprived, by the provisions of this code, of rights and privileges enjoyed by other properties in the vicinity and same zone as the site;

4. The variance is the minimum necessary to provide the site with those rights and privileges;

5. The need for the variance is not the result of deliberate actions of the applicant or property owner;

6. Granting of the variance will not be materially injurious to the property or improvements in the vicinity and zone in which the site is located;

7. The variance is not inconsistent with the intent and purpose of the provision being varied.