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Anacortes City Zoning Code

Division 4

Zoning and Land Uses

19.41 Allowed Uses

The purpose of this chapter is to establish the uses generally permitted in each zone which are compatible with the purpose of the zone and other uses allowed within the zone.

19.42 Form and Intensity Standards

Prior legislation: Ord. 2992 § 1 (Att. A).

A. Purpose.

1. To promote forms of development that reinforce and/or enhance the desired character of Anacortes residential neighborhoods, business districts, and industrial zones.

2. To promote compatibility between developments.

19.44 Commercial Uses

A. Day Care Use Category. A facility providing care, protection and supervision of children or adults on a regular basis away from their primary residence. Care is typically provided to a given individual for fewer than 18 hours each day, although the facility may be open 24 hours each day. Day care includes the following uses:

1. Day care I facilities.

19.45 Industrial Uses

A. Light Industrial Use Category. Manufacturing, assembly, repair or servicing of industrial, business, or consumer machinery, equipment, products, or by-products mainly by providing centralized services for separate retail outlets. Contractors and building maintenance services and similar uses perform services off site. The light industrial category includes, but is not limited to, the following uses:

1. Bottling.

19.46 Public, Institutional and Open Space Uses

A. Uses in the civic category include:

Places of public assembly that provide ongoing public, educational and cultural services to the general public, as well as meeting areas for religious practice. Civic includes the following uses:

19.47 Accessory Uses and Structures

A. Accessory uses and structures are permitted in conjunction with allowed principal uses. Allowed accessory uses and structures include those listed in this chapter and additional accessory uses and structures that, as interpreted by the Director, meet the following:

1. Are clearly incidental to and customarily found in connection with an allowed principal building or use.

19.48 Temporary Uses

A. Temporary Event/Uses.

1. A temporary event lasting one day is permitted without complying with the conditions of subsection (A)(2) of this section; provided, that no more than four temporary events in any one calendar year are permitted on that property. Temporary uses meeting the definition of “special event” are subject to the standards of AMC Chapter 7.04.

2. All temporary events lasting more than one day on any premises in any one calendar year must meet all of the following:

19.49 Nonconforming Uses and Structures

A. Any lot, building, structure, or use of land, legally permitted or established, must be permitted to continue consistent with this chapter. A change in occupancy or ownership does not affect the right to continue such use, building, or structure.

B. Any use for which a conditional use permit has been obtained is not a nonconforming use so long as the requirements of the conditional use permit are met.

19.40.010 Generally.

A. Purpose. The city is divided into zones to assist in orderly community development, conserve the value of property, and safeguard the public welfare by:

1. Implementing the Anacortes comprehensive plan policies through land use regulations.

2. Providing for adequate public facilities and services in conjunction with development.

3. Providing an efficient and compatible relationship of land uses and zones.

4. Providing for a transportation system that offers greater options, mobility, safety, and access in support of the city’s growth strategy.

5. Conserving the city’s natural resources and attractions.

B. Establishment of the Official Zoning Map.

1. The location and boundaries of zones established by this title are shown and maintained as part of the city’s geographic information system (GIS) under the direction of the Director. The zoning GIS layer constitutes the city of Anacortes’s official zoning map and is part of this title. All notations, references, and other information shown must have the same force and effect as if fully described in this title.

2. At the direction of City Council, the Director is authorized to revise the official zoning map. No unauthorized person may alter or modify the official zoning map. The revision may be made only after following the applicable process for a site-specific rezone or zone boundary determination (see Table 19.20.030-1).

3. The Planning, Community and Economic Development Department must maintain digital or printed copies of the official zoning map and maintain records of superseded official maps.

C. Zoning Map Interpretation. When uncertainty exists as to boundaries of any land use zone shown on the official zoning map, the following rules apply:

1. Where a boundary is indicated as approximately following the centerline of streets, alleys, railroads, or highways, the actual centerline must be construed to be the boundary.

2. Where a zone boundary is indicated as approximately following the lot or tract lines and the map is scaled at not more than 20 feet from the lot or tract lines, the actual lot or tract lines must be construed to be the boundaries of such zone.

3. Where a zone boundary divides a lot or tract, the boundary must be determined by map scaling unless the actual dimensions are shown on the map.

4. Where boundaries are indicated as following lines of ordinary high water, government or meander line, the lines must be considered to be the actual boundaries, and, if they should change, the boundaries must be considered to move with them.

5. Where a public right-of-way is vacated, the vacated area must have the zone classification of the adjoining property that it merges with.

6. Zone Boundary Determination. In case uncertainty exists which cannot be determined by application of the foregoing rules, a zoning boundary determination must be made as established in Table 19.20.030-1. The decision must be guided by the standards in subsections (C)(1) through (C)(5) of this section, the intent and language of the Anacortes comprehensive plan, and the purpose statement of the zones where boundaries are in question. (Ord. 3040 § 2 (Att. A), 2019)

19.40.020 Establishment of zones.

A. Establishment of Zones. In order to regulate uses of land, buildings and structures in conformance with the policies of the comprehensive land use plan, the city is divided into the residential zones in AMC 19.40.030, mixed-use zones in AMC 19.40.040, and industrial zones in AMC 19.40.050.

B. The purpose statements for each zone and map designation in the following sections must be used to guide the application of the zones and designations to all lands in the city. The purpose statements also must guide interpretation and application of land use regulations within the zones and designations, and any changes to the range of permitted uses within each zone through amendments to this title.

Table 19.40.020

List of zones.

Zone Name

Abbreviation

Comprehensive Plan Designation

RESIDENTIAL ZONES (AMC 19.40.030)

Residential Low Density 1

R1

Residential Low Density 1

Residential Low Density 2

R2

Residential Low Density 2

Residential Low Density 2A

R2A

Residential Low Density 2

Residential Medium Density 3

R3

Residential Medium Density

Residential Medium Density 3A

R3A

Residential Medium Density

Old Town

OT

Old Town

Residential High Density 4

R4

Residential High Density

Residential High Density 4A

R4A

Residential High Density

MIXED-USE ZONES (AMC 19.40.040)

Central Business District

CBD

Central Business District

Commercial

C

Commercial

Marine Mixed-Use

MMU

Marine Mixed-Use

Commercial Marine

CM

Commercial Marine

Commercial Marine 2

CM2

Commercial Marine

Public Use

P

Public Use

INDUSTRIAL ZONES (AMC 19.40.050)

Light Manufacturing

LM

Light Manufacturing

Light Manufacturing 1

LM1

Light Manufacturing

Manufacturing and Shipping

MS

Manufacturing and Shipping

Heavy Manufacturing

HM

Heavy Manufacturing

Industrial

I

Industrial

Aeronautical Zone

AZ

Aeronautical Zone

OVERLAY DESIGNATIONS (AMC 19.40.060)

Medical Overlay

MED-O

Medical Overlay

Live/Work Overlay

LW-O

Live/Work Overlay

Mixed-Use Business Overlay

MUB-O

Mixed-Use Business Overlay

(Ord. 3040 § 2 (Att. A), 2019)

19.40.030 Residential zones established.

A. Residential Low Density 1 (R1).

1. This designation provides for low density residential development in the southern end of the city that is inappropriate for more intensive urban development due to topography, the frequent presence of wetlands, the high cost and difficulty in extending public facilities, and the desire to create a lower intensity transitional area between the city and the surrounding forest and hillsides.

2. Use of this zone is appropriate for areas designated residential low density 1 in the comprehensive plan.

B. Residential Low Density 2 (R2).

1. This designation provides for low density residential development in mostly established neighborhoods, generally west of Anacopper Mine Road and the area generally between the Airport and Little Cranberry ACFL, and south of West 6th Street, Minnesota Avenue, and West 8th Place. These areas are inappropriate for more intensive urban development due to the established character of the area and/or due to the area’s separation from commercial services.

2. Use of this zone is appropriate for areas designated residential low density 2 in the comprehensive plan.

C. Residential Low Density 2A (R2A).

1. This designation provides for low density residential development in established neighborhoods, generally east of Anacopper Mine Road. These areas are inappropriate for more intensive urban development due to the established character of the area.

2. Use of this zone is appropriate for areas designated residential low density 2 in the comprehensive plan and generally east of Anacopper Mine Road.

D. Residential Medium Density 3 (R3).

1. This designation provides for moderate density residential neighborhoods on lands that are suitable for urban development. These areas are conveniently located in relation to traffic routes, public utilities and community facilities.

2. Use of this zone is appropriate for areas designated residential medium density in the comprehensive plan.

E. Residential Medium Density 3A (R3A).

1. This designation provides for moderate density residential uses in areas characterized by a historical pattern of smaller (generally, 3,000 square feet) lots. These areas are conveniently located in relation to traffic routes, public utilities and community facilities.

2. Use of this zone is appropriate for areas designated residential medium density in the comprehensive plan.

F. Old Town (OT).

1. This designation recognizes the unique heritage, scale, and character of the oldest residential area of the city by establishing standards to maintain the scale and character of the area.

2. Use of this zone is appropriate for areas designated Old Town in the comprehensive plan.

G. Residential High Density 4 (R4).

1. This designation provides for urbanized areas with high density residential uses within walking distance of public transit and commercial/employment areas and/or community facilities. This designation creates a transition from high intensity uses, such as commercial or industrial development, to lower intensity residential areas.

2. Use of this zone is appropriate for areas designated residential high density in the comprehensive plan.

H. Residential High Density 4A (R4A).

1. This designation provides for special urbanized areas with an established mixture of single-family dwellings and low density multifamily uses.

2. Use of this zone is appropriate for areas designated residential high density in the comprehensive plan. (Ord. 3040 § 2 (Att. A), 2019)

19.40.040 Mixed-use zones established.

A. Central Business District (CBD).

1. This designation applies to the existing downtown commercial district in Anacortes. The purpose of this zone is to reinforce downtown as the center of commercial, civic, and cultural activities within the city. The CBD zone is expected to accommodate new development while reinforcing and enhancing its historic pedestrian-friendly character and scale.

2. Use of this zone is appropriate for areas designated central business district in the comprehensive plan.

B. Commercial (C).

1. This designation provides for a wide variety of general-service and retail commercial uses, and mixed uses serving local and regional residents and the traveling public.

2. Use of this zone is appropriate for areas designated commercial in the comprehensive plan.

C. Marine Mixed-Use (MMU).

1. This designation provides for a special mix of commercial, cultural, recreational, and residential uses in a high-amenity area along the waterfront or with special waterfront relationship. The design of uses is intended to emphasize the unique marine setting by providing marine access and views from public spaces and establishing/maintaining a pedestrian-friendly character.

2. Use of this zone is appropriate for areas designated marine mixed-use in the comprehensive plan.

D. Commercial Marine (CM).

1. This designation is established in recognition of the unique and irreplaceable nature of certain marine sites in Anacortes and provides for marine-oriented uses and commercial and industrial enterprises where orientation to navigable waterways and the tourism trade is of primary importance.

2. Use of this zone is appropriate for areas designated commercial marine in the comprehensive plan.

E. Commercial Marine 2 (CM2).

1. This designation is established in recognition of the unique and irreplaceable nature of certain marine sites in Anacortes and provides for marine-oriented uses and commercial and industrial enterprises where orientation to navigable waterways is of primary importance. This designation provides for a mix of commercial and industrial uses.

2. Use of this zone is appropriate for areas designated commercial marine in the comprehensive plan.

F. Public Use (P).

1. This designation is to allow for common public uses where the need arises and uses will not create a nuisance or interfere with existing uses.

2. Use of this zone is appropriate for any designation within the city, provided the site is appropriately located to accommodate common public uses. (Ord. 3040 § 2 (Att. A), 2019)

19.40.050 Industrial zones established.

A. Light Manufacturing (LM).

1. This designation provides for a mix of industrial structures and uses which do not create noise, smoke, odors, or other objectionable nuisances or hazards detrimental to uses in the LM zone or surrounding zones.

2. Use of this zone is appropriate for areas designated light manufacturing in the comprehensive plan.

B. Light Manufacturing 1 (LM1).

1. This designation provides for a mix of industrial structures and uses, service and limited retail uses that minimize external visual or physical impacts on adjacent properties and generally do not compete with uses in the CBD and C zones. It is intended primarily to accommodate industrial-type uses that do not need water access or proximity to the central business district or to the Commercial Avenue corridor.

2. Use of this zone is appropriate for areas designated light manufacturing in the comprehensive plan.

C. Manufacturing and Shipping (MS).

1. This designation provides for manufacturing and shipping uses that can utilize the deep waters of Guemes Channel and uses supplementary to and compatible with the principal uses.

2. Use of this zone is appropriate for areas designated manufacturing and shipping in the comprehensive plan.

D. Heavy Manufacturing (HM).

1. This designation provides for heavy manufacturing and closely related uses in the March Point area. To avoid unnecessary regulations on heavy manufacturing, regulations for this zone are intended to provide protection principally against effects harmful to other zones.

2. Use of this zone is appropriate for areas designated heavy manufacturing in the comprehensive plan.

E. Industrial (I).

1. This designation provides for manufacturing and closely related uses in areas with existing industrial uses or other areas with suitable land and transportation access that are buffered from residential and other uses that are likely to complain about industrial activities.

2. Use of this zone is appropriate for areas designated industrial in the comprehensive plan.

F. Aeronautical Zone (AZ).

1. This designation provides for the Anacortes Airport and associated uses. The purpose of the AZ zone is to provide for the siting and development of the Anacortes Airport, an essential public facility as defined in Chapter 36.70A RCW, and related facilities.

2. Use of this zone is appropriate for areas designated aeronautical zone in the comprehensive plan. (Ord. 3040 § 2 (Att. A), 2019)

19.40.060 Overlay designations established.

A. Purpose. Some areas within the city have unique characteristics, special land uses, and/or land use objectives that call for an overlay designation. Overlays impose restrictions on a specific geographic area within an existing zone or zones. Property in an overlay remains subject to the restrictions and limitations of the underlying zone and the overlay regulations act to supplement but not replace the regulations of the underlying zone.

B. Medical Overlay (MED-O). This overlay designation provides for coordinated expansion of Island Hospital and growth of medical support uses in the immediate vicinity while minimizing the impacts on surrounding residential uses.

C. Live/Work Overlay (LW-O). This overlay designation provides the opportunity to combine living and working spaces in individual units, provided the scale and impact of such nonresidential uses are limited. This designation is appropriate for select R-3 and R-4 zones that are adjacent to mixed-use and industrial zones.

D. Mixed-Use Business Overlay (MUB-O). This overlay designation provides the opportunity to integrate nonresidential uses together with residential uses. Such uses must be limited to those uses that minimize external or physical impacts on residential uses. Nonresidential uses may be developed as a single-use site or building or integrated with residential uses within a single building or on the same site. This designation is appropriate for select R-3 and R-4 zones that are adjacent to mixed-use or industrial zones. (Ord. 3040 § 2 (Att. A), 2019)

19.40.070 Zoning of annexed land.

All annexations must be enacted with the land use designation and zone predesignated in the comprehensive plan land use map and the official zoning map. Generally, land within the city’s urban growth boundary that is annexed to the city and is located north of South March Point Road must be zoned heavy manufacturing (HM) and land within the city’s urban growth boundary that is annexed to the city and is located south of South March Point Road must be zoned light manufacturing 1 (LM1). The precise locations of these boundary lines are shown on the official zoning map. In the event that the urban growth boundary is extended to other areas in the future, the zoning for such areas must be predesignated by the City Council at the time the extension is approved. (Ord. 3040 § 2 (Att. A), 2019)

19.41.010 Purpose.

The purpose of this chapter is to establish the uses generally permitted in each zone which are compatible with the purpose of the zone and other uses allowed within the zone. (Ord. 3040 § 2 (Att. A), 2019)

19.41.020 Classification of uses.

A. Use Categories.

1. In order to regulate uses, categories of uses have been established. Use categories provide a systematic basis for assigning land uses to appropriate categories with other similar uses. Use categories classify land uses and activities based on common functional, product, or physical characteristics.

2. Characteristics include the type and amount of activity, the hours of operation, the type of customers or residents, how goods or services are sold or delivered, likely impact on surrounding properties, and site conditions.

3. Use category definitions are included in AMC Chapters 19.43 through 19.46 .

4. Where a use category contains a list of included uses, the list is to be considered example uses, and not all-inclusive. The Director has the responsibility for categorizing all uses.

B. Principal Uses. Allowed principal uses by zone are listed in Tables 19.41.040 and 19.41.050. Principal uses are grouped into categories of uses.

C. Accessory Uses. Accessory uses are allowed in conjunction with a permitted principal use as established in AMC Chapter 19.47, Accessory Uses and Structures.

D. Temporary Uses. Temporary uses are allowed as established in AMC Chapter 19.48, Temporary Uses. (Ord. 3040 § 2 (Att. A), 2019)

19.41.030 Key to the use table.

The use tables in this chapter determine whether a use is allowed in a zone.

A. Permitted Use (P). Where the letter “P” appears in the use tables, the subject use is permitted. Permitted uses are those that do not require discretionary land use approval permits, but may require building permits, shoreline permits, or other permits required by AMC Chapter 19.14, International Codes.

B. Conditional Use (C). Where the letter “C” appears in the use tables, the subject use is allowed subject to the conditional use review procedures specified in AMC 19.20.030, Types of review, and AMC Chapter 19.36, Conditional Uses.

C. Use Not Permitted ( ). Where no symbol appears in the use tables, the subject use is prohibited in that zone.

D. Special Use Limitations (X). For uses containing a superscript (X), refer to the code reference in the right column next to the superscript (X).

E. Unclassified Uses. Where a proposed use is not classified in the use tables and sections below, the Director must apply the use provisions of a use most similar in scale and associated level of impacts. Where the Director finds that there is no such similar use, the Director must make a determination in writing on whether the use should be permitted, conditionally permitted, or prohibited, based on the purpose of the applicable zone, the mixture of permitted, conditional, and prohibited uses, and the scale and projected impacts of the proposed use. Special criteria in helping to determine whether a use is appropriate for the zone:

1. Consider the scale and type of buildings compared to other permitted uses in the zone.

2. Consider the amount, type, and pattern of vehicular traffic anticipated for the use.

3. Consider the expected outdoor uses and activities associated with the use.

4. Consider the expected noises, odors, emissions, and unique visual impacts associated with the use. (Ord. 3040 § 2 (Att. A), 2019)

19.41.040 Principal uses permitted in residential zones.

Table 19.41.040 below provides the list of permitted principal uses in residential zones.

NOTE: Accessory uses are not shown in these principal use charts. See AMC Chapter 19.47, Accessory Uses and Structures, for applicable accessory use provisions.

Table 19.41.040

Principal uses permitted in residential zones.

Principal Use

R1

R2

R2A

R3

R3A

R4

R4A

OT

Reference

RESIDENTIAL

Household Living,

as listed below

AMC 19.43.010(A)

Single-family

P

P

P

P

P

P

P

P

AMC 19.43.010(B)

Single-family, small lot

P

P

P

P

AMC 19.43.030

Cottage housing

P

P

P

P

P

P

AMC 19.43.040

Duplex

P

P

P

P

P

P

P

AMC 19.43.050

Triplex

P

P

P

P

AMC 19.43.060

Townhouse

P(x)

P

P

P

AMC 19.43.070

Multifamily, 4 units

P

P

P

P

AMC 19.43.080 and 19.43.090

Multifamily, 5 or more units

P

P

AMC 19.43.080 and 19.43.090

Live-work

AMC 19.43.100

Group Living,

as listed below

AMC 19.43.010(B)

Adult family home

P

P

P

P

P

P

P

P

AMC 19.43.120

Assisted living facility

C

C

P

C

AMC 19.43.130

Nursing homes

C

AMC 19.43.140

Rooming houses

C

C

P

P

C

AMC 19.43.150

COMMERCIAL

Day Care,

as listed below

AMC 19.44.010(A)

Day care I facilities

P

P

P

P

P

P

P

P

AMC 19.44.010(B)

Day care II facilities

C

C

C

P

C

C

AMC 19.44.010(B)

General-Service,

except as listed below

AMC 19.44.020(A)

Public safety facility

C

C

C

C

C

C

C

C

AMC 19.44.020(E)

Medical,

except as listed below

C(X)

C(X)

AMC 19.44.030(A)

(X) AMC 19.44.030(B)

Hospital

19.44.030(C)

Office

AMC 19.44.040(A)

Overnight Lodging,

except as listed below

AMC 19.44.050(A)

Bed and breakfast

C

C

C

C

C

P

P

C

AMC 19.44.050(B)

Parking

C(X)

C(X)

C(X)

C(X)

C(X)

C(X)

C(X)

C(X)

AMC 19.44.060(A)

(X) AMC 19.44.060(B)

Passenger Terminal

AMC 19.44.070(A)

Personal Service,

except as listed below

AMC 19.44.080(A)

Beauty salons

C

C

AMC 19.44.080(D)

Recreation, Indoor

AMC 19.44.090(A)

Recreation, Outdoor

AMC 19.44.100

Restaurant/Bar

AMC 19.44.110(A)

Retail Sales,

except as listed below

AMC 19.44.120(A)

Neighborhood grocery store

C

C

C

C

C

C

C

AMC 19.44.120(E)

Vehicle Sales/Rental

AMC 19.44.130(A)

INDUSTRIAL

All industrial uses

AMC Chapter 19.45

PUBLIC, INSTITUTIONAL AND OPEN SPACE USES

Agriculture,

except as listed below

P(X)

AMC 19.46.010(A)

(X) AMC 19.46.010(B)

Nurseries

C

C

C

C

C

C

C

AMC 19.46.010(E)

Civic,

as listed below and based on gross floor area (GFA)

AMC 19.46.020(A) and (B)

<10,000 sq. ft. GFA

P

P

P

P

P

P

P

10,000—20,000 sq. ft. GFA

C

C

C

C

C

C

>20,000 sq. ft. GFA

Special civic uses:

AMC 19.46.020(C)

Cemetery/columbarium

AMC 19.46.020(C)(1)

College, community college, or university

AMC 19.46.020(C)(2)

Community center

C

C

C

C

AMC 19.46.020(C)(3)

Museum

AMC 19.46.020(C)(4)

Private recreational, civic, social and/or cultural clubs

C

C

C

C

AMC 19.46.020(C)(5)

Schools, public or private

C

C

C

C

C

C

C

C

AMC 19.46.020(C)(6)

Parks, Plazas, Open Spaces, and Natural Areas

P

P

P

P

P

P

P

P

AMC 19.46.030

Utilities,

as listed below

AMC 19.46.040

Utilities, major

C

C

C

C

C

C

C

C

AMC 19.46.040(A)

Utilities, minor

P

P

P

P

P

P

P

P

AMC 19.46.040(B)

Sustainable energy generation system

AMC 19.46.040(C)

Wireless Telecommunications Towers and Antennas

See AMC Chapter 19.68, Wireless Service Facilities

(Ord. 4070 § 2 (Att. A), 2024; Ord. 4028 § 2 (Att. A), 2022; Ord. 3091 § 2, 2021; Ord. 3040 § 2 (Att. A), 2019)

19.41.050 Principal uses permitted in mixed-use and industrial zones.

Table 19.41.050 below provides the list of permitted principal uses in mixed-use and industrial zones.

Table 19.41.050

Principal uses permitted in mixed-use and industrial zones.

Principal Use

CBD

C

MMU

CM

CM2

LM

LM1

MS

I

HM

Reference

RESIDENTIAL

Note: Residential uses are not allowed on the ground floor facing a designated storefront street (see AMC Chapter 19.61). Lobbies for multifamily uses and live-work dwelling units are an exception, provided the units meet the standards in AMC 19.61.060.

Household Living,

as listed below

AMC 19.43.010(A)

Single-family

C(X)

C(X)

C

P(X)

AMC 19.43.020(B)

(X)AMC 19.43.020(B)(2)

Single-family, small lot

AMC 19.43.030

Cottage housing

AMC 19.43.040

Duplex

AMC 19.43.050

Triplex

AMC 19.43.060

Townhouse

P

P(X)

P(X)

AMC 19.43.070

Multifamily dwellings, 4 or more units

P

P(X)

P(X)

C(X)

C

C(X)

AMC 19.43.080

Live-work

P

P

P

C

AMC 19.43.100

Group Living,

as listed below

AMC 19.43.010(B)

Adult family home

P(X)

P(X)

P(X)

P

AMC 19.43.120

Assisted living facility

P

P

P

AMC 19.43.130

Nursing homes

C

C

C

AMC 19.43.140

Rooming houses

AMC 19.43.150

COMMERCIAL

Day Care,

as listed below

AMC 19.44.010(A)

Day care I facilities

P

P

P

P

P

P

P

AMC 19.44.010(B)

Day care II facilities

P

P

P

P

P

AMC 19.44.010(B)

General-Service,

except as listed below

P

P

P

P

P

P

AMC 19.44.020(A)

Heavy service

P

P

P

AMC 19.44.020(C)

Public safety facility

C

P

C

P

C

P

P

C

P

P

AMC 19.44.020(E)

Medical,

as listed below and based on gross floor area (GFA):

AMC 19.44.030(A)

<10,000 sq. ft. GFA

P

P

P

10,000—20,000 sq. ft. GFA

C

C

C

>20,000 sq. ft. GFA

Hospital

C

AMC 19.44.030(C)

Office

P

P

P

P

P(X)

P(X)

P

P(X)

P

AMC 19.44.040(A)

(X)AMC19.44.040(B)

Overnight Lodging,

except as listed below

P

P

P

P

C

AMC 19.44.050(A)

Short-term rental

AMC 19.44.050(D)

Parking

C

P

P

P

P

P

P

P

P

P

AMC 19.44.060(A)

Passenger Terminal,

except as listed below

P

P

P

P

C

P

AMC 19.44.070(A)

Aeronautical use

AMC 19.41.080(A)(2)

Personal Service,

except as listed below

P

P

P

AMC 19.44.080(A)

Animal care—indoor

C

P

P

AMC 19.44.080(B)

Animal care—outdoor

C

P

AMC 19.44.080(C)

Recreation, Indoor

as listed below and based on net floor area (NFA):

AMC 19.44.090(A)

<10,000 sq. ft. NFA

P

P

P

P

10,000—20,000 sq. ft. NFA

C

C

P

C

>20,000 sq. ft. NFA

C

C

C

C

Special indoor recreation uses:

AMC 19.44.090(B)

Adult concessions

P(X)

P(X)

P

P(X)

AMC 19.44.090(B)(1)

Shooting range

P

AMC 19.44.090(B)(2)

Recreation, Outdoor,

except as listed below

P(X)

AMC 19.44.100(A) and (B)

Campground

C

C

AMC 19.44.100(C)

Golf course

P

AMC 19.44.100(D)

Marinas and boat moorage

P

P

P

P

C

C

C

AMC19.44.100(E)

Recreational vehicle park

C

AMC 19.44.100(F)

Shooting range

AMC 19.44.100(G)

Restaurant/Bar

P

P

P

P

C

P

C

AMC 19.44.110(A)

Food truck

P

P

P

P

P

P

P

P

P

P

AMC 19.44.110(C)

Retail Sales,

as listed below and based on net floor area (NFA)/individual use

AMC 19.44.120

<5,000 sq. ft. NFA

P

P

P

P

P

P(X)

P

P(X)

(X) AMC 19.44.120(D)

5,000—25,000 sq. ft. NFA

P

P

P

P

C

25,001—50,000 sq. ft. NFA

P

P

P

>50,000 sq. ft. NFA

Special retail sales uses:

AMC 19.44.120(F)

Heavy retail

C

P

P

AMC 19.44.120(F)(1)

Marijuana, retail

P(X)

P

AMC 19.44.120(F)(2)

(X) AMC 19.44.120(F)(2)(b)

Gas station

P

C

P

AMC 19.44.120(F)(3)

Vehicle Sales/Rental,

except as listed below

P

P

AMC 19.44.130(A) and (B)

Marine sales/rental

P

P

P

P

P

P

P

AMC 19.44.130(C)

INDUSTRIAL

Heavy Industrial,

except as listed below

C

P

P

P

AMC 19.45.010(A)

AMC 19.69.060

Petroleum and oil refineries

C

P

Chemical manufacturing

C

P

Light Industrial,

except as listed below

C

C

C

P

P

P

P

P

AMC 19.45.020(A)

AMC 19.69.060

Marijuana, processing

P(X)

P

AMC 19.45.020(B)

(X) AMC 19.45.020(B)

Light Manufacturing,

except as listed below

C

C

C

P

P

P

P

P

AMC 19.45.030(A)

Artisan manufacturing

P

P

P

P

P

P

P

P

P

P

AMC 19.45.030(B)

Research and Development

P(X)

P(X)

P(X)

P

P

P

P

P

P

P

AMC 19.45.040(A)

(X) AMC 19.45.040(B)

Self-Service Storage

P

P

AMC 19.45.050(A)

Warehouse and Distribution

C

P

P

P

P

P

AMC 19.45.060(A)

Waste Related Services,

except as listed below

AMC 19.45.070(A)

Recycling facility

P

P

P

AMC 19.45.070(B)

Water-Oriented Industrial Uses,

except as listed below

C

P

P

P

P

P

P

AMC 19.45.080(A)

Dry stack boat storage

C

P

P

P

P

AMC 19.45.080(B)

Boat launch facility

P

P

P

P

P

P

P

AMC 19.45.080(C)

Wholesale Trade

P

AMC 19.45.090(A)

PUBLIC, INSTITUTIONAL AND OPEN SPACE USES

Agriculture,

except as listed below

AMC 19.46.010(A)

Aquaculture

C

P

AMC 19.46.010(C)

Marijuana, production

P(X)

P

AMC 19.46.010(D)

(X) AMC 19.46.010(D)(2)(b)

Nurseries

C

P

AMC 19.46.010(E)

Civic,

except as listed below and based on gross floor area (GFA)

AMC 19.46.020(A) and (B)

<10,000 sq. ft. GFA

P

P

P

P

10,000—20,000 sq. ft. GFA

P

P

P

P

>20,000 sq. ft. GFA

P

P

P

P

Special civic uses:

AMC 19.46.020(C)

Cemetery/columbarium

AMC 19.46.020(C)(1)

College, community college, or university

AMC 19.46.020(C)(2)

Community center

P

P

P

P

C

AMC 19.46.020(C)(3)

Museum

P

P

P

P

C

AMC 19.46.020(C)(4)

Private recreational, civic, social and/or cultural clubs

P

P

P

P

P

P

AMC 19.46.020(C)(5)

Schools, public or private (K-12)

C

C

C

AMC 19.46.020(C)(6)

Parks, Plazas, Open Spaces, and Natural Areas

P

P

P

P

P

P

P

P

P

P

AMC 19.46.030(A) and (B)

Utilities

AMC 19.46.040

Utilities, major

C

C

C

C

C

C

C

C

C

C

AMC 19.46.040(A)

Utilities, minor

P

P

P

P

P

P

P

P

P

P

AMC 19.46.040(B)

Sustainable energy generation system

C

C

C

C

C

P

P

P

P

AMC 19.46.040(C)

Wireless Telecommunications Towers and Antennas

See AMC Chapter 19.68, Wireless Service Facilities

(Ord. 4075 § 2 (Att. A), 2024; Ord. 4014 § 2 (Att. A), 2022; Ord. 3040 § 2 (Att. A), 2019)

19.41.060 Landmark buildings.

A conditional use permit is required for landmark buildings to contain a use not otherwise allowed within the underlying zone. (Ord. 3040 § 2 (Att. A), 2019)

19.41.070 Public use zone uses.

A. Permitted Uses.

1. Public parks, open space, and natural areas per AMC 19.46.030.

2. Single-family residences are permitted with the following conditions:

a. Single-family dwellings, provided such use complies with the form and intensity standards of the R2A zone.

b. Single-family dwellings will be permitted only on property contained in the public use zone that has been continuously in private ownership since November 18, 1991.

3. Minor utilities as established in AMC 19.46.040.

B. Accessory Uses. See AMC Chapter 19.47 for accessory use and structure standards.

C. Conditional Uses.

1. Civic uses as established in AMC 19.46.020.

2. Uses common to activities of public nonprofit organizations such as meeting halls and sports fields.

3. Major utilities and sustainable energy generation systems as established in AMC 19.46.040.

4. Single-family residences which are related to a principal use, such as a church rectory or a park manager’s residence.

5. Parking as a principal use per AMC 19.44.060.

6. Funeral homes associated with a cemetery.

7. Campgrounds per AMC 19.44.100(C). Campgrounds are not permitted in public use zones north of 41st Street and east of A Avenue. (Ord. 3040 § 2 (Att. A), 2019)

19.41.080 Aeronautical zone uses.

A. Permitted Uses.

1. Airport operational facilities, fueling facilities, hangars, airport terminal facilities, fencing structures up to eight feet, and buffers. In addition, any light manufacturing use or uses involving processing or storage of goods, provided the processes or equipment employed, or goods stored, processed, or sold must be limited to those uses which are not objectionable by reason of hazards, odor, dust, smoke, cinders, fumes, noise, vibration, glare, refuse matter, or water-carried waste.

2. “Aeronautical use,” which is defined as and must mean those uses such as (a) aircraft hangars, (b) aircraft tie-downs, (c) aircraft parking areas, taxi areas, and maneuver areas, (d) aircraft storage, (e) light manufacturing, as defined in the Anacortes zoning code, provided such individual facilities do not exceed 12,500 square feet of gross floor area, (f) aircraft related businesses, (g) office use, bathrooms, parking, and other such uses in support of the aeronautical uses; provided, that any of the structures that may house any of the foregoing uses must not exceed 35 feet in height, and, in addition, (h) maintenance of any of the foregoing uses and related facilities and improvements, including paved areas, drainage ways, etc. This term must not include any living or sleeping quarters except as allowed per subsection (C)(2) of this section. All aeronautical uses must be a permitted use within the aeronautical area (as the term is defined in the development agreement) without further mitigation or approval, except as may be specified in the development agreement.

3. Removal of any obstruction for compliance with FAR Part 77 requirements.

4. Aircraft operations on the ground and in the air, including takeoff, landing, flight patterns, air traffic corridors, volume of air traffic, altitudes of air traffic, flight schedules, types, sizes and purposes of aircraft and related issues. Such uses must not be subject to any city mitigation requirements, notwithstanding any other provisions of this code.

5. Other than the port’s perimeter fence and operational safety fence, to be located as shown on Exhibit “A” of the development agreement, and the removal of FAR Part 77 obstructions, as shown on Exhibit “C” of the development agreement, there must be no permitted uses allowed within the Anacopper Future Process Area, except through the conditional use process, until after completion of the planning process for that area. The construction of the fences and the FAR Part 77 obstruction removals in the Anacopper Future Process Area must be subject to the landscaping and wetland mitigation contained in the development agreement, or plans approved by the city.

B. Accessory Uses. Any use customarily incidental to the permitted principal use. No residential use is permitted, except for caretaker quarters through the conditional use process.

C. Conditional Uses.

1. Buildings and structures between 35 and 50 feet in height; caretaker units.

2. Overnight facilities for use by pilots.

3. Restaurants.

4. Light manufacturing exceeding 12,500 square feet of gross floor area per use.

5. Any building or structure excluded from being located within the Rockwell Reserve and Panhandle Reserve areas; provided, that the city may deny such permit if the criteria for a conditional use permit are not met.

6. Within the Anacopper Future Process Area, as defined in the development agreement, any use that is listed as a permitted use within the aeronautical area as defined in the development agreement must be a conditionally permitted use within the Anacopper Future Process Area, subject to the imposition of reasonable mitigation and compliance with wetland regulations.

7. Within the North Aviation Area, as defined in the development agreement, any use (other than ongoing airport operations) that is listed as a permitted use within the aeronautical area as defined in the development agreement must be a conditionally permitted use within the North Aviation Area.

D. Special Requirements.

1. For uses other than aeronautical uses (aircraft operations, repair and related activities), odor, dust, smoke, cinders, fumes, noise, vibration or light must be investigated by the city based on a complaint or when detected by appropriate and certified test equipment approved by the city and the port when operated by a technician certified to use such equipment located in an adjacent residential zone.

2. Any uses that are legally permitted by the city and specifically allowed by the airport sponsor on the date of the adoption of this zoning, which become nonconforming uses upon adoption of this chapter, must be “grandfathered” until such time as the use is abandoned by the operator. Any nonconforming structure must be “grandfathered” until such time as the structure is abandoned by the owner of the structure or that such structure is destroyed by fire, storm, or “act of God” (more than 75 percent of the occupied space of the structure is no longer capable of reoccupancy for the use and purpose prior to the act causing the destruction) and is not repaired within one year of destruction. Any destruction of a structure that is proximately caused as a result of any act that would be considered a crime, such as arson, malicious mischief, or other crimes, must not be considered destroyed for these purposes, unless such structure is not repaired or replaced within two years of destruction. Upon any of those such occurrences that cause the use and/or structure to no longer be of legal nonconforming use, the use must no longer be allowed and any such structure must be brought into conformity with this chapter, including compliance with the requirements of any applicable development agreement; or if no such agreement is applicable, then the then-published setbacks and all other limitations, except that runways, taxiways, navigational aids and lighting must not become nonconforming under any circumstance other than through changes to FAR regulations.

3. All development at the Anacortes Airport is subject to all applicable impact fees and general facility charges at the time of building permit issuance.

4. Fences. Because of the special security needs to prevent accidents to children, pedestrians, pilots, passengers, and animals, fencing of types and at locations as required by FAA regulations, or as determined necessary by the port, is authorized subject to mitigation as required in the development agreement.

5. Landscaping. Due to establishment of the Rockwell Reserve and Panhandle Reserve areas as defined in the development agreement, landscaping must not be mandatory or required within the aeronautical area of the development agreement. The City Planning Director must allow for the removal of loose debris, including trash, leaves, twigs, and other foreign objects which are prone to being spread by the wind, without mitigation. All landscaping within the subarea must be required to be designed to minimize hazards. It is the intent of this section to allow the port significant flexibility in complying with city landscaping requirements.

E. Cumulative Impact. The cumulative impact of development of the property within the subarea must be reviewed through the SEPA processes related to such development. This SEPA review process may be phased, focusing only on one developable area at a time, deferring areas identified as future process areas to later SEPA review. (Ord. 3040 § 2 (Att. A), 2019)

19.41.090 Overlay designation uses.

A. Medical Overlay. Supplemental permitted uses include:

1. Medical uses per AMC 19.44.030.

2. Group living uses per AMC 19.43.020.

B. Live/Work Overlay. Supplemental permitted uses include live-work dwellings as defined in AMC 19.43.100. The following additional uses may occur within such live-work dwellings, provided they do not feature outdoor service and storage uses that go beyond the typical needs of a single-family use:

1. General-service use category (AMC 19.44.020(A)), except for automobile-oriented uses such as but not limited to fuel stations, vehicle repair and detailing, and vehicle cleaning.

2. Office use category (AMC 19.44.040(A)).

3.  Personal service use category (AMC 19.44.080(A)).

4.  Retail sales category (AMC 19.44.120(A)).

5. Light manufacturing use category (AMC 19.45.030(A)).

C. Mixed-Use Business Overlay. Supplemental permitted uses include:

1. Artisan manufacturing per AMC 19.45.030(B).

2. Day care II facilities per AMC 19.44.010(B).

3. Restaurant/bar establishments per AMC 19.44.110(A) with less than 1,000 square feet of enclosed dining area.

4. General-service establishments per AMC 19.44.020, except:

a. Heavy service uses per AMC 19.44.020(C).

b. Establishments with more than 2,500 square feet of net floor area.

5. Nurseries per AMC 19.46.010(E).

6. Office uses per AMC 19.44.040.

7. Personal service establishments per AMC 19.44.080 with less than 2,500 square feet of net floor area.

8. Retail with less than 5,000 square feet of net floor area. (Ord. 3040 § 2 (Att. A), 2019)

19.42.010 Generally.

A. Purpose.

1. To promote forms of development that reinforce and/or enhance the desired character of Anacortes residential neighborhoods, business districts, and industrial zones.

2. To promote compatibility between developments.

3. To minimize environmental impacts of development.

B. Key to the Form and Intensity Standards Tables.

1. The form and intensity standards tables address the form and intensity of development specific to individual zones. The zone is located on the vertical columns and the form/intensity topic being addressed is located on the horizontal rows.

2. Where an AMC reference appears after the form and intensity measure, then the use or development is subject to standards in that section or chapter.

3. For standards containing a superscript (X), refer to the code reference in the right column next to the superscript (X).

4. If a cell is blank ( ), then there are no standards for the particular measure or it is not applicable to the zone.

5. AMC 19.42.040 through 19.42.160 provide clarification and exceptions to the form and intensity standards tables below. (Ord. 3040 § 2 (Att. A), 2019)

19.42.020 Form and intensity standards for residential zones.

The following table describes the form and intensity standards in residential zones. Supplemental form and intensity standards apply to the Old Town zone per AMC 19.42.160.

Table 19.42.020

Form and intensity standards for residential use.

Measure

R1

R2

R2A

R3

R3A

R4

R4A

OT

Conditions/Reference

LOT SIZE AND DEVELOPMENT INTENSITY

Lot size for single-family dwelling, minimum (square feet)

(AMC 19.42.080)

15,000

7,500

6,000

4,500

3,000

3,000

3,000

6,000

See AMC 19.43.030 for standards for lots <5,000 sq. ft.

Lot size for duplex, minimum (square feet)

(AMC 19.42.080)

9,000

9,000

7,500

5,000

4,200

4,200

7,500

See AMC 19.43.050 for duplex standards.

Additional lot size needed for additional dwelling unit beyond duplex, minimum (square feet)

(AMC 19.42.080)

2,500

2,000

1,200

See AMC 19.43.060 and 19.43.070 for applicable housing type standards.

Minimum lot width circle

Applies to each newly created lot in residential zones. See AMC 19.42.090 for minimum lot width circle calculation and exceptions.

Lot with alley access (feet)

100

60

50

35

25

25

25

45

Lot without alley access (feet)

100

60

50

40

30

30

30

50

Density maximum (dwelling units/gross acre)

2

4

6

See lot size min. above

None

18

9

See AMC 19.42.100 for calculating density.

Lot coverage, maximum percentage

35%

35%

40%

50%

50%

50%

50%

35%

(X)

See AMC 19.42.110 for clarification of lot coverage standards.

(X) See AMC 19.42.160(A) for additional lot coverage standards in the OT zone.

Landscaped area, minimum percentage

20%

20%

20%

20%

20%

20%

20%

20%

See AMC Chapter 19.65 for landscaping standards.

HEIGHT—PRINCIPAL STRUCTURES

Height, maximum (feet)

35

35

35

35

35

40

35

25

(X)

See AMC 19.42.120 for building height exceptions and modifications.

(X) See AMC 19.42.160(B) for height exceptions in the OT zone.

Height, maximum with bonus

50

See AMC 19.42.050 for building height bonuses in the R4 zone.

SETBACKS (feet)

NOTE: The setbacks below apply to principal and accessory structures, except where accessory structure setbacks are modified by AMC 19.47.020(B).

NOTE: For multifamily projects, also see AMC 19.62.030, Relationship to adjacent properties.

Street setback, minimum

20

20

20

20

20

10

10

20

AMC 19.42.130(B)

Street setbackgarage, minimum

25

20

20

20

20

20

20

25

(X)

AMC 19.42.130(B)

AMC 19.42.150(B)

(X) See AMC 19.42.160(D) for additional garage setback standards in the OT zone.

Side street setback, minimum

20

10

10

10

10

10

10

10

(X)

AMC 19.42.130(B)

(X) See AMC 19.42.160(C) for additional setback standards in the OT zone.

Interior side setback, minimum

10

5

5

5

5

5

5

5

(X)

AMC 19.42.130(C)

(X) See AMC 19.42.160(C) for additional setback standards in the OT zone.

Interior side setback—upper floors, minimum

10

7.5

7.5

7.5

7.5

7.5

7.5

7.5

AMC 19.42.130(D)

Rear setback, minimum

20

20

20

20

20

10

10

20

AMC 19.42.130(E)

(Ord. 3040 § 2 (Att. A), 2019)

19.42.030 Form and intensity standards for mixed-use and industrial zones.

The following table describes the form and intensity standards in mixed-use and industrial zones. Form and intensity standards for the aeronautical zone are located in AMC 19.42.170 and for the public use zone in AMC 19.42.180.

Table 19.42.030

Form and intensity standards for mixed-use and industrial zones.

Measure

CBD

C

MMU

CM

CM2

LM

LM1

MS

I

HM

Conditions/Reference

LOT SIZE AND DEVELOPMENT INTENSITY

Density minimum (dwelling units/gross acre)

15

15

15(X)

See AMC 19.42.100

(X) East of Q Avenue only

Maximum building size without a conditional use permit (gross floor area)

200,000

300,000

200,000

Landscaped area, minimum percentage

10%

10%

10%

15%

15%

10%

10%

10%

10%

See AMC 19.65.030 for landscaped area provisions

HEIGHT (feet)—PRINCIPAL STRUCTURES

Height, base maximum

50

40

35—45

35

50

35—50

50

50

50

50

See AMC 19.42.120 for building height exceptions and modifications

Height, maximum with bonus

65(X)

50

50—65(X)

50

50(Y)

See AMC 19.42.050 through 19.42.070

(X) AMC 19.42.120(C)(7)

(Y) AMC 19.42.120(C)(1)

SETBACKS (feet)

NOTE: The setbacks below apply to principal structures, unless otherwise noted, except where accessory structure setbacks are modified by AMC 19.47.020(B).

Street setback, minimum

0

0

0

10

10

10

10

10

15

15

See AMC 19.42.130(B) for street setback measurements

See AMC 19.42.150 for possible setback modifications

Also see AMC Chapter 19.61, Block Frontage Standards

NOTE: Most nonresidential and multifamily development must conform to block frontage standards of AMC Chapter 19.61, which affect the street setbacks.

Interior side setback, minimum

0(X) (Y) (Z)

0(X) (Y)

0(X) (Y)

0(X) (Y)

0(Y)

10(X) (Y)

10(Y)

10(Y)

10(Y)

10(Y)

AMC 19.42.130(C)

(X) AMC 19.62.030(C) regarding multifamily uses along internal property lines

(Y) AMC 19.42.150(C) regarding setbacks to adjoining residential zones

(Z) AMC 19.42.150(D) when site abuts OT-zoned property

Rear setback, minimum

0

0

0

0

0

10

10

10

10

10

AMC 19.42.130(E)

Also see AMC 19.62.030, Relationship to adjacent properties

Accessory building setbacks

(where they differ from setbacks above)

Interior side setback, minimum

0

0

0

0

0

3—5 (see AMC 19.47.020(B) for details and exceptions)

Rear setback, minimum

0

0

0

0

0

0—10 (see AMC 19.47.020(B) for details and exceptions)

(Ord. 3040 § 2 (Att. A), 2019)

19.42.040 Bonus incentives, generally.

A. Purpose. To offer flexibility to allowable density or height in strategic zones in exchange for the integration of permanent open space or affordable housing units.

B. Applicability.

1. The bonus incentive provisions of this chapter apply to the following situations:

a. Height bonuses in the R4, C, and CBD zones as established in Table 19.42.030 (see AMC 19.42.050).

b. Height bonuses in several mixed-use and industrial zones (see AMC 19.42.060 and 19.42.070).

2. The provisions of this section are optional. (Ord. 3040 § 2 (Att. A), 2019)

19.42.050 Bonus incentives in the R4, C, and CBD zones.

A. Purpose. To allow flexibility in building height in exchange for the integration of less expensive dwelling units into the development.

B. Applicability. Height bonuses are available to development in the R4, C, and CBD zones as established in this chapter, provided it complies with one of the affordable housing options in this section.

C. Option 1: Small Units. Developments where at least 50 percent of the total dwelling units contain no more than 600 square feet of gross floor area qualify for the height bonus.

D. Option 2: Affordable Units. Developments that integrate affordable dwelling units per the standards below qualify for the height bonus.

1. For every three dwelling units occupying floor area above the base height limit, at least one affordable dwelling unit must be integrated into the development. Dwelling units larger than 1,400 square feet (leasable/living area, excluding common hallways) qualify as two standard dwelling units. Note: Applicable floor area over base height limit refers to any floor-to-ceiling space of applicable dwelling units or shared recreational or amenity space that exceeds the base height limit established in Tables 19.42.020 and 19.42.030. See Figure 19.42.050 for an example.

2. For every 2,000 square feet of shared recreational or amenity space that is integrated into floor area that occupies space above the base height limit, at least one affordable dwelling must be integrated into the development.

Figure 19.42.050

Height bonus example—How affordable housing requirements are measured.

The example building in the R4 zone contains one floor that exceeds the base height limit. The table below illustrates what is included on each floor and the number of required affordable units that are required to be integrated.

Floor

Floor statistics

Number of required affordable units (to be integrated on any floor in the building)

5

2 dwelling units (average 2,250 sq. ft.) + 3,000 sq. ft. shared recreation/amenity space

= 2 affordable units min.

4

8 dwelling units (average 938 sq. ft.)

None required

3

10 dwelling units (average 750 sq. ft.)

2

10 dwelling units (average 750 sq. ft.)

1

10 dwelling units (average 750 sq. ft.)

Total

= 2 affordable units min.

3. Income Limit and Affordability.

a. Dwelling units that qualify as affordable housing must be affordable to households whose annual income does not exceed 50 percent of median income (see subsection (D)(3)(c) of this section) for rental units or 80 percent of median income for owner-occupied housing, adjusted for household size, and no more than 30 percent of monthly household income is paid for monthly housing expenses (see subsection (D)(3)(b) of this section).

b. Housing expenses for ownership include mortgage and mortgage insurance, property taxes, property insurance, and homeowner dues. Housing expenses for rental housing include rent and appropriate utility allowances.

c. The median income for the Mount Vernon-Anacortes Metropolitan Statistical Area (MSA) is determined by the Secretary of Housing and Urban Development under Section 8(f)(3) of the United States Housing Act of 1937, as amended. If programs under said Section 8(f)(3) are terminated, median income is determined under the method used by the Secretary prior to such termination. In the event that HUD no longer publishes median income figures for the Mount Vernon-Anacortes MSA, the city may use any other method for determining the Skagit County median income, adjusted for household size.

4. Duration. Rental and ownership units must serve only income-eligible households for a minimum period of 50 years from the date of the certificate of occupancy.

5. Tenure. The tenure of the affordable housing units (ownership or rental) must be the same as the tenure for the rest of the housing units in the development.

6. Affordability Agreement.

a. Prior to building permit issuance, an affordable housing agreement in a form approved by the Director and City Attorney must be recorded with the Skagit County Auditor’s office as a covenant running with the land and binding on the applicant, property owner, assigns, heirs and successors.

b. The agreement must address the level and duration of affordability, tenant qualifications, reporting, monitoring, and any other topics related to the provision of the affordable housing units.

c. The city may, at its sole discretion, establish a monitoring fee for the affordable units to cover the costs to the city to review and process documents to maintain compliance with income and affordability restrictions of the agreement.

7. Location. The affordable unit(s) must be located within the development and above grade (no basement units).

8. Size (Bedroom). The affordable housing units must consist of a range of number of bedrooms that is comparable to units in the overall development.

9. Size (Net Floor Area). The size of the affordable housing units, if smaller than the other units with the same number of bedrooms in the development, must be approved by the Director. If there is a proposal that the affordable units be smaller than the market rate units, in no case may the affordable housing units be less than 500 square feet for a studio unit, 600 square feet for a one-bedroom unit, 800 square feet for a two-bedroom unit, or 1,000 square feet for a three-bedroom unit.

10. Design. The exterior design of the affordable housing units must be compatible and comparable with the rest of the dwelling units in the building/development and must comply with design standards specified in AMC Chapter 19.63. The interior finish and quality of construction of the affordable housing units must at a minimum be comparable to entry-level rental or ownership housing in the city.

11. Timing/Phasing. The affordable housing units must be available for occupancy in a time frame comparable to the availability of the rest of the dwelling units in the development. (Ord. 4042 § 2 (Att. A), 2023; Ord. 3040 § 2 (Att. A), 2019)

19.42.060 Bonus incentives in the CM zone.

A. Purpose. To allow flexibility in building height via:

1. Integration of affordable dwelling units into the development.

2. Providing a review process to ensure that the additional building height would not have adverse impacts on the general vicinity.

B. Developments seeking additional building height that integrate residential units must comply with height bonus provisions of AMC 19.42.050.

C. Developments seeking additional building height that do not integrate residential units are subject to a conditional use permit per AMC Chapter 19.36, Conditional Uses. Special application requirements, criteria, and conditions:

1. Applicants must conduct a three-dimensional visual analysis to examine views of the development from surrounding streets, adjacent properties, and up to three other sites selected by the Director to help ensure that the proposed building(s) do not adversely impact the general vicinity.

2. The applicant must demonstrate how the building has been sited and designed to minimize visual impacts on sites specified in subsection (C)(1) of this section.

3. Conditions may be imposed to ensure compatibility with the conditional use criteria and compliance with subsection (C)(1) of this section, including those in AMC 19.36.050 and the following:

a. Changes in building depth, width.

b. Additional building massing techniques (beyond minimum requirements in AMC 19.63.040), such as upper-level building setbacks and/or additional building modulation or articulation treatments. (Ord. 3040 § 2 (Att. A), 2019)

19.42.070 Bonus incentives in the MMU zone.

A. Bonus Incentives in the Portion of the MMU Zone West of Q Avenue. Such bonus height increases are subject to a conditional use permit per AMC Chapter 19.36, Conditional Uses. Special application requirements, criteria, and conditions:

1. Applicants must conduct a three-dimensional visual analysis to examine views of the development from at least three vantage points (including surrounding streets and other public vantage points as selected by the Director) to help ensure that the proposed building(s) do not adversely impact the general vicinity.

2. The applicant must demonstrate how the building has been sited and designed to minimize visual impacts on sites specified in subsection (A)(1) of this section.

3. Conditions may be imposed to ensure compatibility with the conditional use criteria, including those in AMC 19.36.050 and the following:

a. Changes in building depth, width.

b. Additional building massing techniques (beyond minimum requirements in AMC 19.63.040), such as upper-level building setbacks and/or additional building modulation or articulation treatments.

B. Bonus Incentives in the Portion of the MMU Zone East of Q Avenue. Buildings integrating one feature from the list below have a bonus height limit addition of 10 feet above the base height limit. Buildings integrating two features from the list below have a bonus height limit addition of 20 feet above the base height limit.

Figure 19.42.070

Height bonus incentive features for the portion of the MMU zone east of Q Avenue.

1. Integrate small units. Developments where at least 25 percent of the total dwelling units contain no more than 600 square feet of gross floor area and qualify for the height bonus.

2. Vertical mixed-use building design. Ground level spaces designed to accommodate nonresidential uses must occupy at least 50 percent of the building’s primary facade. Such spaces must be at least 50 feet deep and contain 13 feet minimum floor-to-ceiling heights. Residential lobbies and structured parking areas do not qualify as nonresidential space for the purposes of this incentive option.

3. Provide additional ground level pedestrian-oriented space (meeting design requirements in AMC 19.62.040(D)) equal to at least 2 percent of the development site. Such space must be above and beyond minimum sidewalk, esplanade, and applicable pedestrian-oriented space requirements. This could include a small entry plaza (left image), or it could include a widened sidewalk (middle image).

4. Provide space for a public park equal to at least 5 percent of the gross floor area of the applicable building, but not less than 10,000 square feet in area, on a site agreed upon by, and dedicated to, the city. The space should be configured and located so it is able to incorporate common municipal park features such as playgrounds, fitness areas, picnic areas, pavilions, etc.

5. Integrate ornamental stormwater management features. Include creative and expressive techniques to celebrate stormwater management. The feature must be a significant visible design feature of the site and must include educational signage or a plaque explaining the incorporated stormwater techniques as determined and approved by the city. The design and management plan for the features must demonstrate long-term success of the ornamental stormwater management element. See examples below.

6. Integrate visible landscaping elements on buildings. This could include a combination of green walls and green roof elements integrated as a prominent visual feature of the building. To qualify, at least 50 percent of applicable roof areas or 5 percent of street-facing facades must be vegetated. Reduced and/or a combination of green roof/walls may be acceptable, provided the visible placement and high quality of the installations achieves the intent of the amenity feature. The design and management plan for the landscaping features must demonstrate long-term success of the landscaping element. See examples below.

7. Integration of permanent public art in visible location. This could include murals, mosaics, sculptural elements, or gateway features that are clearly recognizable as public art as determined by the Director in consultation with the City of Anacortes Arts Commission. Features may be located in a plaza, within the streetscape adjacent to the building, and/or on the building. Off-site features may be considered by the city provided they are placed within the central waterfront MMU zone. To qualify as an amenity, the estimated cost of the feature must be at least 1 percent of the construction cost of the development.

8. Exceptional landscaping display in visible location. The display must cover an area equal to at least 2 percent of the development site and function as a prominent visual feature of the development. The design and management plan for the landscaping display must demonstrate long-term success of the landscaping elements. See examples below.

9. Integrating brick as the primary cladding material on the building. In order to qualify, brick must occupy at least 50 percent of the cladding on the street-facing facades of the applicable building.

10. Provide freely accessible public restrooms. Must be available to the general public (not only commercial customers) and available daily.

11. Provide indoor meeting space available for free to the general public (3,000 square feet minimum). See example below.

12. Other similar features that function as a permanent public amenity. Such features must be comparable in cost and public benefit to the features above.

(Ord. 3040 § 2 (Att. A), 2019)

19.42.080 Minimum lot size calculations.

Minimum lot size calculations are based on net lot area, rather than gross lot area. The following areas are excluded from the minimum lot area calculations:

A. Street right-of-way, or other areas reserved or dedicated for public use (such as parks, open space, and stormwater facilities).

B. Submerged lands, landslide hazard areas and buffers, regulated wetlands and buffers, and Types 1, 2, 3 and 4 streams and buffers. (Ord. 3040 § 2 (Att. A), 2019)

19.42.090 Minimum lot width circle calculation and exceptions.

A. Purpose. The purpose of the minimum lot width circle requirement is to:

1. Ensure that each lot is wide enough to maintain a consistent and compatible land use pattern in residential neighborhoods; and

2. Ensure that a minimum buildable area is included in each lot created.

B. Requirement. Table 19.42.020 identifies the minimum lot width circle diameter that must fit within each newly created lot in residential zones. This circle establishes that at least some portion of a lot must be at least as wide as the minimum lot width. The lot width circle must not include submerged lands, landslide hazard areas and buffers, regulated wetlands and buffers, and Types 1, 2, 3 and 4 streams and buffers.

C. The following lots are exempt from minimum lot width circle standards: duplexes, triplexes, cottage and townhouse developments, where individual units are subdivided into separate lots via unit lot subdivision.

Figure 19.42.090

Minimum lot width circle.

(Ord. 3040 § 2 (Att. A), 2019)

19.42.100 Density calculations.

A. Calculations for Determining Minimum Density. The density minimum standard applies to single-purpose residential developments (mixed-use developments are exempt). All site areas applicable to the residential development must be used in the calculation of minimum allowed residential density except the following:

1. Street right-of-way, or other areas reserved or dedicated for public use (such as parks, open space, and stormwater facilities).

2. Submerged lands, landslide hazard areas and buffers, regulated wetlands and buffers, and Types 1, 2, 3, and 4 streams and buffers.

B. Calculations for Determining Maximum Density.

1. Maximum density for residential zones applies to all development with new residential dwelling units, unless otherwise noted herein.

2. Gross acreage of the site may be used in the calculation of the maximum allowed residential density (including half of existing street right-of-way around the perimeter of the site and any new street right-of-way internal to the site).

3. For the purpose of meeting maximum density requirements for subdivisions in applicable zones, final plats must specify the maximum number of dwelling units per lot.

C. How to Calculate Density. Minimum and maximum density for an individual site must be calculated by multiplying the total site acreage based on subsections A and/or B of this section by the minimum and maximum dwelling units per acre for the applicable zone. When calculation results in a fraction, the fraction must be rounded to the nearest whole number as follows:

1. Fractions of one-half and above must be rounded up.

2. Fractions below one-half must be rounded down.

D. Prohibited Reduction. Any portion of a lot that was used to calculate minimum compliance with the standards and regulations of this title must not be subsequently subdivided or segregated from such lot unless all portions of the resulting lots continue to meet the code requirements after the subdivision. (Ord. 3040 § 2 (Att. A), 2019)

19.42.110 Lot coverage calculations, exceptions, and modifications.

Lot coverage refers to the area of a lot which is covered by buildings and structures. Lot coverage calculation details and clarification:

A. The area covered must be measured from the outside of external walls of enclosed spaces, from the outer edge of the floor of open decks and porches and from the supporting members of structures such as a carport which are not enclosed by walls.

B. The roof overhang must not be included in the lot coverage unless it exceeds three feet, in which case the portion of the roof overhang extending beyond three feet must count as part of the lot coverage.

C. Open beams and lattice work without a roof are not considered part of the lot coverage.

D. Minor appurtenances such as bay windows, chimneys and trim not extending more than two feet from the primary wall, and not extending the enclosed floor area, must not count in lot coverage.

E. Decks or patios on grade within an average height of 18 inches above grade must not count in lot coverage.

F. For unusual structures, for example, communication towers, the Director must determine the extent of lot coverage.

G. Modification for All Residential Zones, Except for R1. One detached accessory structure not exceeding 144 square feet is permitted without counting as part of the lot coverage. The lot coverage of any additional accessory structures or of any accessory structure exceeding 144 square feet shall count as part of the percentage of lot coverage permitted in these zones.

H. Modifications for Townhouse and Multifamily Development in the R4 Zone .

1. Townhouses: Maximum lot coverage is 60 percent.

2. Multifamily: Maximum lot coverage is 75 percent when at least 50 percent of the required parking is accommodated within and/or below the structure. (Ord. 3040 § 2 (Att. A), 2019)

19.42.120 Building height calculations, exceptions, and modifications.

A. Height Measurement. Building height is measured to the highest point of the structure from the average of the natural topography at the foundation at the front of the building. Exceptions and clarifications:

1. In cases where the lot slopes downhill from the property line at the front of the building, the height is measured from the highest point of the house to the average of the natural grade directly under the building.

2. If the building site has frontage on two or more streets, the height is measured from the highest point of the building to the average of the natural grade directly under the building if the lot slopes downhill from the property line on either street frontage.

3. The allowable height is measured from the average of the natural or existing topography of the portion of the lot, parcel or tract of real property which will be directly under the proposed building.

4. Height requirements for buildings in shoreline jurisdictions are provided for in the Shoreline Master Program.

5. Calculation of the average grade level is made by averaging the elevations of the center of all exterior walls of the proposed building. Additionally, “natural or existing topography” is the topography of the lot, parcel or tract of real property immediately prior to any site preparation, grading, excavation, or filling. Where a tract of land is regraded for the purpose of a land division, the “natural or existing topography” is the grades as they exist at the time of recording of the final plat.

B. Exceptions. The following structures may be erected above the height limits established in Tables 19.42.020 and 19.42.030:

1. Roof structures housing or screening elevators, stairways, tanks, rooftop wind generators, ventilating fans or similar equipment required for building operation and maintenance may exceed the height limit by:

a. Up to 10 feet in the R3, R3A, R4, R4A, mixed-use, and industrial zones, provided the area with the added height is limited to what is necessary to screen or enclose the use.

b. Up to 15 feet on buildings over four stories in height where they allow access to shared roof decks that meet the requirements of AMC 19.62.040(B)(1)(e).

Such structures constructed for nonresidential or multifamily uses are subject to screening standards in AMC 19.62.070(E).

2. Fire or parapet walls may exceed the height limit by up to five feet in the R3, R3A, R4, and R4A zone and 10 feet in mixed-use and industrial zones.

3. Except as may otherwise be prohibited by the FAA regulations, the height limitations of Tables 19.42.020 and 19.42.030 do not apply to church spires, belfries, cupolas and domes not intended for residential purposes, or to monuments, water towers, observation towers, power transmission towers, silos, grain elevators, chimneys, smokestacks, derricks, conveyors, flag poles, radio masts, aerials and similar structures.

4. In the HM zone, unoccupied structures may exceed 50 feet in height, provided the minimum setbacks for the zone are increased by one foot for each foot of building height in excess of 50 feet.

C. Modifications.

1. The LM Zone Abutting the Guemes Channel. Nonresidential structures over 35 feet in height may only be approved through the conditional use process. A conditional use permit for heights between 35 and 50 feet must only be granted for uses which are permitted uses in the zone, and where the specialized nature of the use is such that the operations, processes, and equipment cannot be accommodated in a building 35 feet or less in height. The applicant must show specifically why the additional height is needed. The conditional use permit must limit the height and area consistent with RCW 90.58.320 and to that which is reasonably necessary to accommodate the specific operations, processes, and equipment. All portions of the facility which do not have a specialized function requiring additional height must comply with the 35-foot height limit.

2. LM1 Zone. The maximum height for residential structures is 35 feet.

3. MS Zone. Temporary equipment used in the primary permitted use and not constituting a building or permanent enclosure, such as cranes or scaffolding, may exceed the maximum height. The Director may authorize construction of fabric enclosures or temporary structures to contain particulates or shelter a vessel under construction which exceed 50 feet in height; provided, that the permit is for a specified length of time for a specific project, and they are taken down at the conclusion of the specific work for which they were erected.

4. MMU Zone West of Q Avenue. Base maximum height is 35 feet. The maximum height with bonus is 50 feet (see AMC 19.42.070(A) for applicable bonus provisions).

5. MMU Zone East of Q Avenue. Base maximum height is 45 feet. The maximum height with bonus is 65 feet (see AMC 19.42.070(B) for applicable bonus provisions). Buildings are also subject to special height, width, and orientation standards:

a. All buildings are subject to building massing and articulation standards in AMC 19.63.040.

b. Buildings up to four stories tall or no more than 50 feet tall are limited to 200 feet in width in the north-south direction.

c. Buildings taller than four stories or more than 50 feet tall are limited to 150 feet in width in the north-south direction.

Departures to subsections (C)(5)(b) and (c) of this section will be considered per AMC 19.20.220, provided site and building design features are included to reduce the perceived scale of such buildings, add visual interest, and enhance east-west pedestrian access and marine views.

6. MED-O Overlay. The maximum height limit is 60 feet in the area bounded by the following lines (illustrated in Figure 19.42.120(C)(6)):

a. A line parallel to and 350 feet west of the Commercial Avenue west right-of-way edge.

b. A line parallel to and 50 feet north of the 26th Street north right-of-way edge.

c. A line parallel to and 200 feet east of the M Avenue east right-of-way edge.

d. A line parallel to and 50 feet south of the 24th Street south right-of-way edge.

Figure 19.42.120(C)(6)

MED-O boundary and 60-foot height limit area.

7. CBD and MMU Zone Setback Requirements. For buildings which exceed the maximum base height in the CBD and MMU zones, buildings must incorporate a minimum horizontal setback of eight feet along at least 75 percent of the facade. The required setback must be placed somewhere between the ground floor and the top floor. See Figure 19.42.120(C)(7) for an example.

Figure 19.42.120(C)(7)

Illustration of required building setbacks for tall buildings.

8. CM2 Zone. The city may consider and approve building heights in excess of 50 feet through a conditional use permit process. (Ord. 3040 § 2 (Att. A), 2019)

19.42.130 Setback types and measurements.

The form and intensity standards tables in this chapter provide minimum standards for street, interior side, and rear setbacks. Clarification on how these setbacks are measured are provided below.

A. Measurement. All setbacks must be measured at right angles, or as near to right angles as possible, to the nearest property line in a plane horizontal to the ground. Setback directions must be determined as provided in subsections (B) through (E) below.

B. Street Setbacks.

1. The street setback is measured from the street right-of-way to a line parallel to and measured perpendicularly from the street right-of-way at the depth prescribed for each zone.

2. For corner lots in residential zones, the street setback is measured from the street right-of-way that is the property’s street address and primary access. The other lot frontage is referred to as the side street setback.

3. Street setbacks for garages apply to the front doors of individual private garages and do not apply to underground or aboveground parking structures shared by multiple residents or tenants.

C. Interior Side Setback. The interior side setback is measured from the side lot line adjacent to another property or alley right-of-way to a line parallel to and measured perpendicularly from the side lot lines at the depth prescribed for each zone.

Exception: No interior side setback is required between individual units within a townhouse building, where allowed.

D. Interior Side Setback—Upper Floors. The interior side setback for the portion of the building above the floor level of the second floor is measured as provided in subsection C of this section, except the measurement is to the portion of the structure above the floor level of the second floor. The additional second-floor setback must not apply where the interior side lot line is along an alley.

E. Rear Setback. The rear setback is measured from the rear lot line to a line parallel to and measured perpendicularly from the rear lot line at the depth prescribed for each zone.

F. Setbacks for Flag Lots. Flag lots are exempt from street setback requirements. Flag lots must have a rear lot line designated, typically opposite from the access corridor (the pole of the flag), and all other lot lines are considered side lot lines (see Figure 19.42.130(F)).

Figure 19.42.130(F)

Setbacks on flag lots.

G. Setbacks for Lots Served by Shared Driveways. See AMC 19.54.040(E) for applicable standards.

H. Through Lots. For lots featuring streets on opposite ends, the street setback is measured from the street right-of-way that is the property’s street address and primary access. The opposite lot frontage is considered the rear setback.

I. Setback Measurements for Irregular Lots. Setback distances established for residential zones are based on rectangular lots. Nonrectangular lots, lots with three sides or more than four sides, curved property lines, and other nonstandard lots require special measurement techniques in order to achieve the purpose of setback requirements:

1. Rear Setbacks. In the case of an irregularly shaped lot, a 10-foot line which is within the lot and parallel to and most distant from the front lot line must be considered the rear lot line for purposes of determining required setbacks and for interpretation of other provisions of this code (see illustration).

2. Interior Side Setbacks. All lot lines which are not front or rear lot lines must be considered interior side lot lines for the purpose of measuring setbacks.

3. Determination by Director. Where a building site is situated such that it is unclear which should be considered the front, rear, and sides, required setbacks must be as determined by the Director in compliance with the following criterion: required setbacks must not permit the placement of buildings on the site in a manner that will constitute a grant of special privileges inconsistent with the limitations placed on other properties in the vicinity and incompatible with surrounding uses.

Figure 19.42.130(I)

Examples of determining setback lines on irregular lots.

(Ord. 3040 § 2 (Att. A), 2019)

19.42.140 Permitted projections into required setbacks.

The following structures may extend into or be located in required setbacks:

A. Fireplace structures, bay or garden windows, or similar structures may project 30 inches into a street or rear setback, provided such projections are:

1. Limited to two per building elevation.

2. Not wider than 10 feet.

3. Do not extend the floor area or foundation into the setback.

B. Eaves, cornices, awnings, and window shades may not project more than:

1. Three feet into a street or rear setback.

2. Two feet into the interior side setback.

C. Covered porches and entries may project up to six feet into the street setback.

D. Uncovered porches and decks may project up to six feet into the street or rear setbacks.

E. The following features are permitted within the required street setback:

1. Mailboxes, newspaper boxes, and free neighborhood book exchange boxes.

2. Fire hydrants and associated appendages.

3. Bus shelters.

4. Freestanding signs complying with AMC Chapter 19.67, Signs.

F. The following features are permitted within any required setback:

1. Utility poles and lines.

2. Underground utilities and sprinkler systems.

3. Light and flagpoles.

4. Trellises and open, unroofed gazebos not exceeding eight feet in height.

5. Electrical equipment cabinets and similar utility boxes and vaults.

6. Stormwater facilities and elements of stormwater best management practices, unless a minimum setback is otherwise specified in this title or in the adopted stormwater management manual.

7. Fences complying with AMC Chapter 19.66, Fences, Walls, and Hedges.

8. Uncovered porches and decks not exceeding 18 inches average height above the finished grade.

9. Rockeries and retaining walls in conformance with the standards in AMC 19.66.080.

10. Enclosures for solid waste collection and storage when in compliance with the standards of AMC 19.62.070(B) and (C).

11. Ramps added to an existing building for the specific purpose of accessibility for persons with disabilities when no other reasonable location is available.

G. No projections are allowed into a regional utility corridor, access easement, or utility easement. (Ord. 3040 § 2 (Att. A), 2019)

19.42.150 Setback modifications.

A. A lot adjoining a planned street identified in the comprehensive plan, transportation plan, and/or capital improvement program must provide a street setback along the planned street meeting the same standards as though the street were already constructed.

B. Several housing types feature special garage placement/setback requirements. See applicable provisions in AMC Chapter 19.43, Residential Uses, for details.

C. Along any mixed-use or industrial-zoned property line adjoining a residential zone with no intervening street or alley, the minimum setback must be the same as the applicable minimum setback for the adjacent zone.

D. For CBD-zoned properties that abut the OT zone, the minimum interior side setback along such zone edge must be:

1. 10 feet.

2. For buildings over 25 feet in height, the minimum setback must increase at a 45-degree angle inward up to the maximum height in the CBD zone (see Figure19.42.150(D) for clarification).

Figure 19.42.150(D)

Illustrating minimum interior side setbacks where CBD-zoned properties abut the OT zone.

E. The setbacks for Skyline No. 6 PUD must be one-half of the minimum setback of the underlying zone for street and interior side setbacks with a minimum of five feet. The rear setback must be one-half of the minimum setback of the underlying zone except that for measurement purposes the width of community-owned property directly to the rear of each lot may be used for distance to property line measurement. This use of community-owned property must not reduce the rear yard setback from property line to less than five feet. (Ord. 3040 § 2 (Att. A), 2019)

19.42.160 Old Town supplemental form and intensity standards.

The provisions herein apply in addition to the form and intensity standards in Table 19.42.020. These standards seek to encourage sensitively designed infill in keeping with the existing character of Old Town. To maintain the scale of buildings currently existing in Old Town, it is important that the scale of surrounding buildings be taken into consideration when designing additions and new buildings.

A. The principal building may cover up to 35 percent of the lot. Where there are multiple buildings on one lot, they are limited to 50 percent lot coverage.

B. Exceptions to the Height Limit in Table 19.42.020. Maximum building height may be increased to a maximum of 30 feet if two conditions are met:

1. The upper floor may not contain a floor area greater than 80 percent of the floor below.

2. No exterior wall higher than 25 feet may be closer to an adjacent property line than 15 feet.

C. If a structure covers more than 3,000 square feet of land, or if two or more structures on a lot cover more than 4,000 square feet of land, the following additional requirements apply:

1. The minimum side yard setback is 10 feet.

2. For each 200 square feet of land coverage beyond the above limits, the minimum side yard setback must be increased by one foot.

D. Detached garages must be set back a minimum of 50 feet from the street property line on a numbered street.

E. No new driveway is permitted on a numbered street serviced by an alley. See AMC 19.53.030(B)(3) for driveway alley access standards.

F. Any roof above 14 feet must have a minimum roof pitch of 4:12, except for roofs on porches, dormers, bay windows, and similar appurtenances.

G. The maximum continuous wall length must be 40 feet. Buildings may be longer but must incorporate setbacks, recesses, porches, balconies, bay windows or offsets of at least 18 inches in depth and at least eight feet in length and height so that no increment of wall exceeds 40 feet. (Ord. 3040 § 2 (Att. A), 2019)

19.42.170 Aeronautical zone form and intensity standards.

A. Minimum Lot Size. No minimum.

B. Minimum Setback Requirements. Within the AZ zone, all structures must be set back as follows:

1. Aeronautical Area, as Defined in the Development Agreement. No setback from the buffer areas. Due to the proximity of the aircraft operations areas to the existing property line of the Anacortes Airport, a 10-foot setback on all other parts of the aeronautical area. If additional property is added to the aeronautical area, then the setback will be subject to change.

2. Anacopper Future Process Area and North Aviation Area, as Defined in the Development Agreement. The setback will be determined as part of the conditional use process.

Notwithstanding the foregoing, within the Rockwell Reserve and Panhandle Reserve Areas, airport and aeronautical/aviation safety features, walking trails, and landscaping are permitted; within the 10-foot setback area, airport and aeronautical/aviation safety features, fencing structures up to eight feet, and landscaping uses are permitted. Provided further, within the Anacopper Future Process Area and the North Aeronautical Area airport and aeronautical/aviation safety features, fencing structures up to eight feet and landscaping uses are permitted subject to the mitigation contained in the development agreement.

The exception set forth above for fences should be interpreted to mean that fences (along with landscaping) are permitted within the setback. Even if a fence is considered a “structure” under the building code due to a height over six feet, it is still a “fence” under the exception and could be placed within the setback without a variance, conditional use permit, or any other discretionary permit required; provided, however, that compliance with an approved mitigation plan, required under AMC 19.41.080(D)(5), is required. For example, airport property and/or facility security fencing over six feet in height may be located along the perimeter of the property, or where deemed necessary by the entity operating an airport, to ensure adequate security of airport premises, but is subject to mitigation as provided herein.

This setback or buffer area is mitigation for development outside of the setback/buffer area, in addition to wetland and land-clearing mitigation requirements.

C. Maximum Density. No maximum.

D. Maximum Land Coverage. The maximum land coverage by buildings is 60 percent of the parcel size, as identified by the port, with such parcel size including any buffer or setback area not already allocated to another parcel. For the purposes of calculating the buildable area as required (open space requirement), the port may allocate any portion of the 75-foot buffer area within the Rockwell Reserve and Panhandle Reserve Areas that has not already been allocated to any portion of the aeronautical area being developed.

E. Maximum Building Height. The maximum building height is 35 feet; provided, however, that buildings over 35 feet, but less than 50 feet, are subject to approval through the conditional use process and related criteria. Buildings above 50 feet are prohibited. (Ord. 3040 § 2 (Att. A), 2019)

19.42.180 Public use zone form and intensity standards.

Single-family dwellings in the public use zone must comply with the form and intensity standards of the R2A zone. All other development in the public use zone is subject to the form and intensity standards of subsections (A) through (E) below.

A. Minimum Lot Size. No minimum.

B. Minimum Setback Requirements. No minimum, except development is subject to the block frontage standards (AMC Chapter 19.61, Block Frontage Standards) and the setback standard of AMC 19.42.160(B).

C. Maximum Density. No maximum.

D. Maximum Land Coverage. No maximum.

E. Maximum Building Height. Thirty-five feet. (Ord. 3040 § 2 (Att. A), 2019)

19.43.010 Categories of residential uses.

A. Household Living Use Category. Residential occupancy of a dwelling unit by a household. Household living includes the following uses:

1. Single-family.

2. Single-family, small lot.

3. Cottage housing.

4. Duplex.

5. Triplex.

6. Townhouse.

7. Multifamily, four or more units.

8. Live-work.

B. Group Living Use Category. Residential occupancy of a structure by a group of people that does not meet the definition of “household living.” Generally, group living facilities have a common eating area for residents and residents may receive care or training. Group living includes the following uses:

1.  Adult family home.

2.  Assisted living facility.

3.  Nursing home.

4.  Rooming house. (Ord. 4086 § 2, 2024; Ord. 3040 § 2 (Att. A), 2019)

19.43.020 Single-family.

A. Definition. A detached dwelling that is entirely surrounded by open space on the same lot, and which is designed for and occupied exclusively by one family and the household employees of the family, if any.

B. District-Specific Standards.

1. In the CBD and C zones, no new single-family residences may be constructed. Single-family uses are conditionally permitted in these zones if in an existing building that was a single-family residence at some time in its past.

2. In the LM1 zone, single-family uses are permitted only for existing platted lots. In no event will this allow a residential subdivision.

C. Standards—Multiple Single-Family Dwellings on One Lot. Two or more single-family dwellings may be built on the same lot, provided the applicable lot size standard (one dwelling unit/minimum lot area for single-family dwellings) is met. For example, if the minimum lot area for single-family dwellings is 7,500 square feet, two single-family dwellings could be built on a 15,000-square-foot lot. Applicants must demonstrate how the lot could be subdivided in the future consistent with the density and dimensional standards of this title.

D. Driveway and Access Easement Standards. See AMC 19.53.030. (Ord. 4086 § 2, 2024; Ord. 3040 § 2 (Att. A), 2019. Formerly 19.43.010(B))

19.43.030 Single-family, small lot.

A. Definition. A detached single-family dwelling that is on a lot that has less than 5,000 square feet in net lot area.

B. Purpose.

1. To enhance the character of the street and neighborhood.

2. To maintain “eyes on the street” for safety to pedestrians and to create a more welcoming and interesting streetscape.

3. To de-emphasize garages and driveways as major visual elements along the street.

4. To provide usable open space for residents.

C. Standards. The following standards apply in addition to the general single-family standards in AMC 19.43.020(B) and (C).

1. Entry Standards.

a. Clear and obvious pedestrian access between the sidewalk (or the street if there is no sidewalk) and the building entry is required for new dwellings. The driveway may be used for pedestrian access.

b. All new dwellings must provide a covered pedestrian entry with minimum weather protection of three feet by three feet (a covered porch or recessed entry).

Figure 19.43.030(C)(1)

Key single-family—Small lot, duplex, and triplex design standards.

2. Driveway Access and Garage Standards.

a. See AMC 19.53.030 for driveway and access easement standards.

b. Where the garage vehicle door(s) face the street, they may occupy no more than 50 percent of the ground level facade facing the street. Garage doors may exceed this limit up to a maximum of 65 percent of the ground level facade facing the street, provided at least two of the following design details are utilized:

i. A decorative trellis over at least the entire width of the garage door(s).

ii. A window or windows are placed above the garage on a second story or attic wall.

iii. A balcony that extends out over the driveway.

iv. Utilizing all single-vehicle car doors as an alternative to wider garage doors suitable for two-car garages.

v. Windows in the garage door.

vi. Decorative details on the garage door. Standard squares on a garage door will not qualify as a decorative detail.

Figure 19.43.030(C)(2)(b)

Garage design detail examples.

A decorative trellis over the garage door.

A balcony over the garage, single doors (instead of a wider double door), and windows above the garage on a second story.

c.  Garage doors must not be placed in front of the front face of the dwelling. Lots containing slopes of at least 10 percent are exempt from this standard. For the purposes of this standard, “dwelling” includes:

i. The front projection of a covered entry or porch.

ii. Livable floor area within the dwelling as determined by the Director. For example, attic spaces, closet area or low ceiling height spaces located directly above a garage do not qualify as livable floor area.

Figure 19.43.030(C)(2)(c)

Street setback standards for individual/private garages on small single-family lots.

The examples above comply with the standard, as the garage doors are not placed in front of the dwelling (including covered porch or living areas above the garage).

These examples do not comply with the standard. On the left, there is a “dwelling” space above the garage but the garage extends out in front of it. On the right, the garage extends beyond the front door and living areas.

3. Standards for Minimum Usable Open Space for Small Alley-Loaded Lots.

a. All new alley-loaded small lot dwelling units must provide a contiguous open space to the side or rear of the dwelling with a minimum dimension of 15 feet on all sides.

b. The open space(s) must be equivalent to 10 percent (minimum) of the lot area. For example, a 4,000-square-foot lot would require a contiguous open space of at least 400 square feet, or 20 feet by 20 feet in area.

c. Covered but unenclosed decks and porches may be used as a part of the usable open space, provided they are a part of a space that meets the standards herein.

d.  LID stormwater BMPs, like rain gardens, may be integrated in up to 25 percent of the minimum required usable open space area.

e. Drive aisles must not count in the calculations for usable open space.

f. Additions must not create or increase any nonconformity with this standard.

Figure 19.43.030(C)(3)

Examples of how to provide the minimum amount of usable open space.

(Ord. 4086 § 2, 2024; Ord. 3040 § 2 (Att. A), 2019. Formerly 19.43.010(C))

19.43.040 Cottage housing.

A. Definition. A small single-family dwelling that is clustered with other similar units sharing a common open space.

B. Purpose.

1. Provide opportunities for creative, diverse and high-quality infill development that is compatible with existing neighborhoods.

2. Promote housing affordability and greater choice by encouraging smaller and more diverse home sizes in accordance with the Anacortes comprehensive plan.

3. Support compatibility with existing neighborhoods by promoting high-quality design.

4. Support more efficient use of urban residential land.

5. Enhance the character of the residential neighborhood.

6. Provide usable open space for residents.

Figure 19.43.040(A)

Cottage housing development examples.

Figure 19.43.040(B)

Cottage housing site plan example.

C. Standards.

1. Lot Size. Cottages are exempt from minimum lot area and lot width circle standards, provided they comply with density and design standards herein.

2. Density. Due to the smaller relative size of cottage units, each cottage may be counted as one-half a dwelling unit for the purpose of calculating density. For example, a cluster of six cottages would be equivalent to three dwelling units.

3. Minimum and Maximum Number of Cottages.

a. Cottage housing developments must contain a minimum of three cottages.

b. Three to 12 cottage structures may make up a cluster. There is no limit on the number of clusters, provided all other standards are met.

c. In the R3, R3A, R4, and R4A zones, attached duplex cottages are allowed.

4. Setbacks and Separation.

a. The minimum setbacks set forth in Table 19.42.020 apply to the development frontage and external side and rear property lines of the entire cottage development.

b. Individual cottages must be separated from other cottages by at least 10 feet. Permitted projections into required interior side setbacks in AMC 19.42.140 apply.

c. Cottages must be set back at least five feet from any internal pedestrian path. Permitted projections into required street setbacks in AMC 19.42.140 apply.

d. Cottages must be set back at least 10 feet from any internal access lanes that provide access to four or more cottages. For access lanes serving less than four cottages, at least five feet of separation is required between access lanes and cottages. Permitted projections into required street setbacks in AMC 19.42.140 apply for setbacks to internal access lanes.

5. Building Height.

a. Cottages have a maximum building height of 25 feet. All parts of the roof above 18 feet must be pitched with a minimum roof slope of 6:12.

b.  Accessory structures in cottage housing developments are subject to the standards in AMC 19.47.020.

6. Cottage Size. Cottages must contain no more than 1,200 square feet gross floor area in total, not including attached garages.

7. Entries.

a. Clear and obvious pedestrian access between the sidewalk (or the street if there is no sidewalk) and the building entry is required for new dwellings.

b. All new dwellings must provide a covered pedestrian entry with minimum weather protection of three feet by three feet (a covered porch or recessed entry).

8. Facade Transparency. Transparent windows and/or doors are required on at least eight percent of facades featuring the primary entrance and facing streets and common open spaces. For corner lots, this standard is only applied to the elevation containing the primary entrance.

9. Common Open Space.

a. Minimum Size. Common open space must be at least 400 square feet per cottage.

b. Minimum Dimensions. Common open space must have no dimension less than 15 feet. Areas used to meet private open space requirements may not be double-counted as common open space.

c. Elements. Common open space may include a lawn, courtyard, plaza, garden, or other shared central open space and may not include parking areas. Common open space must be usable and may not include critical areas or critical area buffers, including steep slopes. LID stormwater BMPs, like rain gardens, may be integrated in up to 25 percent of the minimum required usable open space area.

d. Orientation. Common open space must have cottages abutting on at least two sides. At least 50 percent of the cottages in each cottage housing cluster must abut common open space. Cottages abutting the common open space must be oriented around and have the primary entrance face the common open space.

e. Access. Cottages must be within 100 feet walking distance of the common open space and feature a direct pedestrian connection to the common open space.

10. Shared Community Buildings.

a. A shared community building may be integrated into the common open space area required in subsection (C)(9) of this section but must not be included in the minimum common open space area calculations.

b. Nonresidential Use. A shared community building may include uses such as, but not limited to, a multi-purpose entertainment space, recreation center, kitchen, library, storage space, workshop, or similar amenities that promote shared use and a sense of community. Commercial uses other than day care (see AMC 19.44.010(B)(2)(a)) are prohibited.

c. Residential Use. A shared community building may contain one attached accessory dwelling unit (see AMC 19.47.030).

d. Height. Shared community buildings have a maximum building height of 25 feet. All parts of the roof above 18 feet must be pitched with a minimum roof slope of 6:12.

e. Size. Shared community buildings have a maximum ground floor footprint of 1,200 square feet.

f. Other Standards. Except for the height and size exceptions identified in subsections (C)(10)(d) and (C)(10)(e) of this section, shared community buildings are subject to the accessory structure standards in AMC 19.47.020.

11. Private Open Space.

a. Minimum Size. The minimum private open space adjacent to each cottage must be at least 200 square feet.

b. Minimum Dimensions. The private open space must have no dimension less than 10 feet.

c. Access. The private open space must have direct access from the cottage via a door or porch.

d. The required porch (see subsection (C)(11)(e) of this section) does not count as private open space for the size or dimension requirements of this section. The private open space is encouraged to be located between the cottage and the common open space.

e. Porches. Cottage facades facing the common open space or common pathway must feature a roofed porch at least 70 square feet in size with a minimum dimension of seven feet on any side. Cottages sited between a street and the common open space are also subject to the entry requirements in subsection (C)(7) of this section.

f. Private open space must be usable and may not include critical areas or critical area buffers, including steep slopes.

12. Access and Parking.

a. Driveway and access requirements are in AMC Chapter 19.53.

b. Off-street parking standards, including guest parking provisions, are set forth in AMC 19.64.030 and 19.64.040.

c. Parking areas must be located to the side or rear of cottage clusters. Parking must not be located between the street and cottages nor between cottages and common open space.

d. Parking and access lanes must be screened from adjacent residential uses by landscaping or architectural screens. For parking areas and access abutting residential uses, at least five feet of Type A, B, or C landscaping (see AMC 19.65.060) must be provided between the parking area and the abutting residential use.

e. Parking is encouraged to be consolidated under cover. Uncovered parking must be located in clusters of not more than five adjoining spaces (except where adjacent to an alley). Driveway space in front of private garages is exempt from this provision.

f.  Garages with a footprint of up to 300 square feet may be attached to individual cottages, provided all other standards herein are met. Such garages do not count toward the size limit of cottages. Such garages must not be located adjacent to the common open spaces.

Departures to the garage/common open space standard will be considered, provided the combination of the common open space design, garage location and design, and landscaping/architectural design features helps to create a common open space that meets the purposes of the standards and the design mitigates the impact of the garages on the common open space.

13. Landscaping. The minimum landscaped area requirements per Table 19.42.020 apply to the whole cottage development rather than for individual cottage dwellings.

14. Accessory dwelling units are not permitted in cottage housing developments, except as provided in subsection (C)(10) of this section. (Ord. 4086 § 2, 2024; Ord. 3040 § 2 (Att. A), 2019. Formerly 19.43.010(D))

19.43.050 Duplex.

A. Definition. A building that is entirely surrounded by open space on the same lot and contains two dwelling units.

B. Standards.

1. Duplexes are subject to the entry and driveway access and garage standards for single-family small lot (AMC 19.43.030(C)(1) and (C)(2)). The entries for individual units may be grouped (with a shared path connecting grouped entries to the sidewalk) or separated (as illustrated in Figure 19.43.050(B)(1)).

Figure 19.43.050(B)(1)

Duplex example.

2. See AMC 19.53.030 for general driveway and access easement standards. Separate driveways are permitted for each unit, provided each driveway is limited to 12 feet in width and meets driveway separation standards in AMC 19.53.030(D).

3. Standards for Minimum Usable Open Space.

a. All new duplex units must provide a contiguous open space with a minimum dimension of 15 feet on all sides.

b. The minimum collective size of usable open space is 10 percent of the lot area. For example, an 8,000-square-foot lot would require at least 800 square feet of usable open space, which could include separate 20-foot by 20-foot usable open spaces for each unit.

c. Where the usable open space is configured within the street setback, the open space must be defined with a fence or wall (meeting the standards of AMC Chapter 19.66). See Figure 19.43.050(B)(3)) for an example.

d. Covered but unenclosed decks and porches may be used as a part of the usable open space, provided they are a part of a space that meets the standards herein.

e.  LID stormwater BMPs, like rain gardens, may be integrated in up to 25 percent of the minimum required usable open space area.

f. Drive aisles must not count in the calculations for usable open space.

g. Additions must not create or increase any nonconformity with this standard.

Figure 19.43.050(B)(3)

Example of integrating a duplex’s minimum usable open space into the street setback.

C. Multiple duplexes may be built on the same lot, provided the minimum lot size per duplex is met (see Table 19.42.020) and other standards above are met. (Ord. 4086 § 2, 2024; Ord. 3040 § 2 (Att. A), 2019. Formerly 19.43.010(E))

19.43.060 Triplex.

A. Definition. A building that is entirely surrounded by open space on the same lot and contains three dwelling units.

B. Standards.

1. Triplexes are subject to the entry and driveway access and garage standards for single-family small lot in AMC 19.43.030(C)(1) and (C)(2). The entries for individual units may be grouped (including a shared path connecting grouped entries to the sidewalk) or separated.

2. See AMC 19.53.030 for general driveway and access easement standards. Separate driveways are permitted for each unit, provided each driveway is limited to 12 feet in width and meets driveway separation standards in AMC 19.53.030(D).

3. Standards for Minimum Useable Open Space.

a. All new triplex units must provide a contiguous open space with a minimum dimension of 15 feet on all sides.

b. The minimum collective size of usable open space is 10 percent of the lot area. For example, an 8,000-square-foot lot would require at least 800 square feet of usable open space, which could include separate 20-foot by 20-foot usable open spaces for each unit.

c. Where the usable open space is configured within the street setback, the open space must be defined with a fence or wall (meeting the standards of AMC Chapter 19.66). See Figure 19.43.050(B)(3) for an example.

d. Covered but unenclosed decks and porches may be used as a part of the usable open space, provided they are a part of a space that meets the standards herein.

e.  LID stormwater BMPs, like rain gardens, may be integrated in up to 25 percent of the minimum required usable open space area.

f. Drive aisles must not count in the calculations for usable open space.

g. Additions must not create or increase any nonconformity with this standard.

C. Multiple triplexes may be built on the same lot, provided the “additional lot size needed for additional dwelling unit beyond duplex, minimum,” per Table 19.42.020, is met. (Ord. 4086 § 2, 2024; Ord. 3040 § 2 (Att. A), 2019. Formerly 19.43.010(F))

19.43.070 Townhouses.

A. Definition. A dwelling unit in a row of at least three such units in which each unit has its own front access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common walls.

B. Purpose.

1. To enhance the character of the street.

2. To maintain “eyes on the street” for safety to pedestrians and to create a more welcoming and interesting streetscape.

3. To de-emphasize garages and driveways as major visual elements along the street.

4. To provide usable open space for residents.

5. To reduce the apparent bulk and scale of large townhouse buildings.

6. To promote architectural variety that adds visual interest to the neighborhood.

C. Zone-Specific Standards.

1. R3 and R3A Zone Standards. Townhouse structures with up to four attached units are permitted by right. Townhouse structures with more than four attached units are prohibited in the R3 and R3A zones.

2. R4 and R4A Zone Standards. Townhouse developments have the following form and intensity adjustments from Table 19.42.020:

a. Maximum lot coverage: 60 percent.

b. Minimum landscaped area: 15 percent.

3. In the MMU zone east of Q Avenue, townhouses and other permitted residential uses within single-purpose buildings may cover up to 60 percent of the site area (parcel or contiguous parcels held under common ownership), provided they meet access, site and building design standards in this title. Associated parking, landscaping, open space, and other facilities accessory to the residential uses are included within the site area limitation. The maximum percentage may be increased through a framework development plan (AMC 19.61.180).

4. C Zone Standards.

a. Townhouses that do not meet the standards for live-work dwellings that front on Commercial Avenue within the C zone are prohibited.

b. Townhouses that do not meet the standards for live-work dwellings are prohibited within the C zone south of 41st Street.

D. Setbacks. The minimum setbacks set forth in Table 19.42.020 apply to development frontage and external side and rear setbacks of the entire townhouse development. See AMC 19.42.130(C) for exemptions involving interior side setbacks for townhouses.

E. Entries.

1. Clear and obvious pedestrian access between the sidewalk (or the street if there is no sidewalk) and the building entry is required for new dwellings.

2. All new dwellings must provide a covered pedestrian entry with minimum weather protection of three feet by three feet (a covered porch or recessed entry).

3. For townhouses where the primary pedestrian access to the dwelling is from an alley or private internal vehicular access, buildings must emphasize individual pedestrian entrances over private garages by using both of the following measures:

a. Enhance entries with a trellis, small porch, or other architectural features that provide cover for a person entering the unit and a transitional space between outside and inside the dwelling.

b. Provide a planted area in front of each pedestrian entry of at least 20 square feet in area, with no dimension less than four feet.

Alternative designs will be considered, provided they meet the purpose of the standards.

Figure 19.43.070(E)

Acceptable and unacceptable examples of garage/entry configurations.

The left example features a landscaped area and a trellis to highlight the entry. In the middle image, the balconies and landscaped areas de-emphasize the garage. In the right image, the lack of landscaping near the entries would not be allowed (where this is the primary pedestrian entry to the unit).

F. Facade Transparency. Transparent windows and/or doors are required on at least eight percent of facade area (all vertical surfaces of street-facing elevations). For corner lots, this standard is only applied to the elevation containing the dwelling entry.

G. Private Garages Facing the Street—Maximum Garage Widths.

1. Individual garages facing the street are not allowed for townhouse dwellings unless they are designed to meet driveway standards in AMC 19.53.030. Garages may be provided to the rear of the dwelling via alley access or shared driveway as depicted in Figure 19.43.070(G).

2. Individual garages facing the street (where allowed) are limited to 12 feet in width.

Figure 19.43.070(G)

Townhouse development examples using side/rear vehicular access.

Both examples show a driveway with private garages placed to the rear of units. In the left image, there is no alley and access is provided from the street. In the right image, access from an alley is available and access is provided from the alley.

H. Access and Parking.

1. Off-street parking standards for townhouses are set forth in AMC 19.64.040 as a type of multifamily residential use (based on the number of bedrooms). Also see AMC 19.64.030(B) for guest parking standards.

2. See AMC 19.53.030 for driveway and access standards.

3. Internal Drive Aisle Standards.

a. Must meet minimum widths and other standards such as turning radii of the city-adopted International Fire Code.

b. Minimum building separation along uncovered internal drive aisles must be 24 feet. Projections into this minimum building separation standard are permitted for each building consistent with the interior side setback projections referenced in AMC 19.42.140. The purpose is to provide adequate vehicular turning radius, allow for landscaping elements on at least one side, and provide adequate light and air on both sides of the dwelling units and vehicle areas, which often function as usable open space for residents.

c. See AMC 19.53.050 for other internal circulation requirements.

I. Usable Open Space. Townhouse dwelling units must provide open space at least equal to 10 percent of the gross floor area. The required open space may be provided by one or more of the following:

1. Private ground level open space that is directly adjacent and accessible to dwelling units. Such space must have minimum dimensions of at least 12 feet on all sides and be configured to accommodate human activity such as outdoor eating, gardening, toddler play, etc. Street setbacks may be used to meet this standard, provided they are defined with a fence (meeting standards of AMC Chapter 19.66, Fences, Walls and Hedges).

2. Balconies, roof decks or porches.

3. Shared open space that meets the design requirements of AMC 19.62.040(B)(2), provided such space is visible and directly accessible to townhouse dwelling units.

4.  LID stormwater BMPs, like rain gardens, may be integrated in up to 25 percent of the minimum required usable open space area.

Individual private open spaces for one unit that exceed the open space standards may not be used to help meet the open space standards for other dwelling units. Shared open spaces that meet the standards of AMC 19.43.070(I)(3), however, may be used to supplement private open spaces meeting 19.43.070(I)(1) and (I)(2) to help dwelling units meet the usable open space standards herein.

Figure 19.43.070(I)

Examples of usable open space adjacent to townhouse units.

The townhouses above include private ground level open space (a) and balconies (b).

Private ground level open spaces.

Freedom Park qualifies as shared open space and may be used to help those townhouses adjacent to the space meet their minimum usable open space requirements.

J. Building Design.

1. Townhouse Articulation. Townhouse buildings must comply with residential building articulation standards in AMC 19.63.040(C), except that the articulation intervals must be no wider than the width of units in the building. Thus, if individual units are 15 feet wide, the building must include at least three articulation features for all facades facing a street, common or other shared open space, and common parking areas at intervals no greater than 15 feet.

2. Repetition with Variety. See Figures 19.43.070(J)(1) and (J)(2). Townhouse developments must employ one or more of the following “repetition with variety” articulation guidelines:

a. Reversing the elevation of two out of four dwellings (see Figure 19.43.070(J)(1)).

b. Providing different building elevations for external (units on the end or corner of a building) townhouse units (versus internal units) by changing the roofline, articulation, windows, and/or building modulation patterns.

c. Adding a different dwelling design or different scale of the same design, such as adding a one-story version of the basic dwelling design where two stories are typical (or a two-story design where three stories are typical).

d. Other design treatments that add variety or provide special visual interest, such as different cladding materials, window sizes and groupings, roof slopes, porch designs, balconies, etc. While the variable use of color on buildings can be effective in reducing the perceived scale of the building and adding visual interest, color changes alone are not sufficient to meet the purpose of the standards.

Figure 19.43.070(J)(1)

Acceptable townhouse configuration employing the repetition with variety concept.

Figure 19.43.070(J)(2)

Acceptable townhouse buildings integrating the “repetition with variety” guidelines.

The internal units in the left image each have distinct, but identical, windows and roof forms. The outside unit is differentiated through the use of building materials, window design, unit size, and facade detailing. The internal and external units in the right example include reverse elevations.

(Ord. 4086 § 2, 2024; Ord. 4070 § 2 (Att. A), 2024; Ord. 3040 § 2 (Att. A), 2019. Formerly 19.43.010(G))

19.43.080 Multifamily.

A. Definition. A building that contains four or more dwelling units. The term also includes any dwelling units that are within a mixed-use building.

B. Standards. Multifamily uses are subject to design provisions in Division 6 of this title, including block frontage standards, site planning, building design, and landscaping. See AMC 19.53.050 for internal circulation requirements.

C. MMU Zone East of Q Avenue Standards.

1.  Multifamily dwellings are allowed on upper floors throughout the site.

2.  Multifamily dwellings and other permitted residential uses within single-purpose residential buildings* may cover up to 60 percent of the site area (parcel or contiguous parcels held under common ownership), provided they meet access, site and building design standards in this title. Associated parking, landscaping, open space, and other facilities accessory to the residential uses are included within the site area limitation. The maximum percentage may be increased through a framework development plan (AMC 19.61.180).

* Mixed-use buildings that meet the following criteria are not considered a single-purpose residential building:

a. At least 50 percent of the ground level building frontage is designed to accommodate nonresidential uses meeting the interior space requirements in AMC 19.43.080(C)(2)(b) and (C)(2)(c).

b. Spaces feature 13-foot-minimum floor-to-ceiling height.

c. Spaces are at least 50 feet deep.

D. CM Zone Standards. Multifamily uses are conditionally permitted, provided it can be demonstrated that the use will not weaken the zone’s tourist or marine-oriented purpose, nor diminish the marine values inherent in the zone, such as physical and visual access to waterways and shoreline. Multifamily units that are part of a mixed-use development incorporating commercial marine uses are permitted and single-purpose multifamily developments require a conditional use permit.

E. MS Zone Standards.

1.  Multifamily dwellings are conditionally permitted west of Commercial Avenue and south of 2nd Street.

2. Residential units must be no larger than 800 square feet each and constructed within a mixed-use development.

F. C Zone Standards.

1. Single-purpose multifamily uses that front on Commercial Avenue within the C zone are prohibited.

2. Single-purpose multifamily uses are prohibited within the C zone south of 41st Street.

G. R4 and R4A Zone Standards. Multifamily developments have the following form and intensity adjustments from Table 19.42.020, provided at least 50 percent of all required parking is located within and/or below the structure:

1. Maximum lot coverage: 75 percent.

2. Minimum landscaped area: 15 percent. (Ord. 4086 § 2, 2024; Ord. 3040 § 2 (Att. A), 2019. Formerly 19.43.010(H))

19.43.090 Multifamily, restricted.

A. Definition. A dwelling unit restricted to occupancy by a person or persons who satisfy one of the following requirements:

1. Meet the minimum age in the definition of “housing for older persons” contained in Section 3607(b)(2) of the Federal Fair Housing Act, as amended.

2. Their domestic partners and/or live-in caregivers are 55 years of age or older and/or disabled.

3. Are disabled or handicapped regardless of age. (Ord. 4086 § 2, 2024; Ord. 3040 § 2 (Att. A), 2019. Formerly 19.43.010(I))

19.43.100 Live-work.

A. Definition. A dwelling unit designed to accommodate a small commercial enterprise on the ground floor and a residential unit above and/or behind. A live-work unit may be designed as any type of household living dwelling unit.

B. Standards.

1. Permitted nonresidential uses may be those that are permitted in the applicable zone or overlay designation as established by AMC Chapter 19.41, Allowed Uses.

2. See standards in other subsections of this section for the applicable dwelling type the live-work use resides in.

3. The nonresidential use may occupy up to 50 percent of the gross floor area of the live-work dwelling.

4. The ground floor must be designed to accommodate nonresidential uses. This includes an area along the building frontage with:

a. Minimum floor-to-ceiling height: 13 feet.

b. Minimum interior depth: 20 feet.

5. The residential use and the nonresidential use are subject to the provisions of AMC Chapter 19.64, Parking.

Exception: Where nonresidential net floor area is less than 1,000 square feet and where on-street parking is available along the site’s frontage, uses that require less than four spaces per 1,000 square feet of net floor area per Table 19.64.040 are exempt from additional off-street parking spaces. For uses in the subject table where “Director decision” is specified, the applicant must supply documentation per AMC 19.64.040(B) that the actual parking demand for the proposed use is less than four spaces. (Ord. 4086 § 2, 2024; Ord. 3040 § 2 (Att. A), 2019. Formerly 19.43.010(J))

19.43.110 Manufactured home.

A. Definition. See RCW 35.63.160.

B. Standards. A manufactured home may be placed on any lot where new single-family residences are allowed and must meet the following requirements:

1. The manufactured home must be new.

2. The manufactured home must be set upon and attached to a permanent foundation, as specified by the manufacturer, and the space from the bottom of the home to the ground must be enclosed by concrete or a permanent wall finished with standard residential materials, which can be either load-bearing or decorative.

3. The manufactured home must comply with applicable design standards for single-family development.

4. The manufactured home must comply with the state energy code.

5. The manufactured home otherwise meets all other requirements for a designated manufactured home as defined in RCW 35.63.160.

This section does not override any legally recorded covenants or deed restrictions of record. (Ord. 4086 § 2, 2024; Ord. 3040 § 2 (Att. A), 2019. Formerly 19.43.010(K))

19.43.120 Adult family home.

A. Definition. A residential home in which a person or persons provide personal care, special care, room and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services. RCW 70.128.140 provides that adult family homes are treated the same as single-family homes under applicable regulations.

B. Standards.

1. An adult family home must be licensed under Chapter 70.128 RCW.

2. Use Permissions in the CBD and C Zones.

a. An adult family home is a permitted use when in an existing single-family dwelling.

b. An adult family home is conditionally permitted when within an existing building that was a single-family residence at some time in its past.

c. An adult family home within a newly constructed single-family dwelling is not allowed.

3. Use Permissions in the LM Zone.

a. An adult family home is a permitted use when in an existing single-family dwelling.

b. An adult family home within a newly constructed single-family dwelling is conditionally permitted. (Ord. 4086 § 2, 2024; Ord. 3040 § 2 (Att. A), 2019. Formerly 19.43.020(B))

19.43.130 Assisted living facility.

A. Definition. A state-licensed multi-unit establishment which provides living quarters and a variety of limited personal care and at least a minimal amount of supportive health care to individuals who are unable to live independently due to infirmity of age, physical or mental handicap, but who do not need the skilled nursing care of a convalescent center or nursing home. Supportive health care may include health care monitoring, such as assistance with medication, but is limited to health care services which may be provided by a boarding home licensed under Chapter 18.20 RCW. These facilities may consist of individual dwelling units with a full kitchen, partial kitchen or no kitchen. In addition, these facilities may have a communal dining area, recreational facilities (library, lounge, game room, open space), and/or laundry facilities. Assisted living facilities do not include adult family homes, as defined in Chapter 70.128 RCW.

B. Standards.

1. Density. For the purpose of calculating maximum density in residential zones, one assisted living facility dwelling unit is counted as one-half of a dwelling unit.

2. Design Standards. For the purpose of meeting the project design standards of Division 6 of this title, except for AMC Chapter 19.64, Parking, this use is considered a multifamily use when interpreting applicability provisions.

C. MMU Zone East of Q Avenue Standards.

1.  Assisted living facilities are allowed on upper floors throughout the site.

2.  Assisted living facilities and other permitted residential uses within single-purpose buildings may cover up to 60 percent of the site area (parcel or contiguous parcels held under common ownership), provided they meet access, site and building design standards in this title. Associated parking, landscaping, open space, and other facilities accessory to the residential uses are included within the site area limitation. The maximum percentage may be increased through a framework development plan (AMC 19.61.180). (Ord. 4086 § 2, 2024; Ord. 3040 § 2 (Att. A), 2019. Formerly 19.43.020(C))

19.43.140 Nursing home.

A. Definition. An establishment providing care for persons recovering from an illness or operation or persons made weak or disabled by illness or injury. Such establishments must be duly licensed by the state as a nursing home in accordance with current state statutes.

B. Standards.

1. Design Standards. For the purpose of meeting the project design standards of Division 6 of this title, except for AMC Chapter 19.64, Parking, this use is considered a multifamily use when interpreting applicability provisions. (Ord. 4086 § 2, 2024; Ord. 3040 § 2 (Att. A), 2019. Formerly 19.43.020(D))

19.43.150 Rooming house.

A. Definition. A dwelling, with a central kitchen and with more than one but fewer than nine boarders, with no more than nine sleeping rooms.

B. Standards.

a. Design Standards. For the purpose of meeting the project design standards of Division 6 of this title, except for AMC Chapter 19.64, Parking, this use is considered a multifamily use when interpreting applicability provisions. (Ord. 4086 § 2, 2024; Ord. 3040 § 2 (Att. A), 2019. Formerly 19.43.020(E))

19.44.010 Day care.

A. Day Care Use Category. A facility providing care, protection and supervision of children or adults on a regular basis away from their primary residence. Care is typically provided to a given individual for fewer than 18 hours each day, although the facility may be open 24 hours each day. Day care includes the following uses:

1. Day care I facilities.

2. Day care II facilities.

B. Definition. An establishment for group care of nonresident adults or children. Specifically:

1. Day care includes child day care services, adult day care centers, and all of the following:

a. Adult day care, such as adult day health centers or social day care as defined by the Washington State Department of Social and Health Services.

b. Nursery schools for children under minimum age for education in public schools.

c. Privately conducted kindergartens or pre-kindergartens when not a part of a public or parochial school.

d. Programs covering before- and after-school care for school children.

2. Day care establishments are subclassified as follows:

a. Day care I—a maximum of 12 adults or children in any 24-hour period, based within a residential dwelling, and as provided for in RCW 35A.63.215.

b. Day care II—over 12 adults or children in any 24-hour period or day care as a principal use.

3. Day care II in the R4 use zone must meet the following criteria:

a. An approved passenger drop-off and pick-up area must be provided adjacent to the site.

b. Parking must be provided in an amount equal to the number of staff on the largest hourly shift.

c. The facility must meet any applicable Washington State Department of Children, Youth, and Families (DCYF) licensing requirements including interior floor space, fencing and outdoor open space area. (Ord. 4028 § 2 (Att. A), 2022; Ord. 3040 § 2 (Att. A), 2019)

19.44.020 General-service.

A. General-Service Use Category. Includes a category of uses whose primary activity is the provision of service, rental, and/or repair to boats, vehicles, appliances, tools, electronic equipment, machinery, and other similar products for personal, commercial, or civic use. Specific uses in this category include, but are not limited to:

1. Postal and courier services, post office.

2. Small boat sales, rental, and repair (small boats are less than 40 feet long, eight and one-half feet wide, and 14 feet tall).

3. Appliance repair.

4. Equipment rentals.

5. Electronic or equipment service.

6. Vehicle repair.

7. Commercial vehicle repair.

8. Municipal service facility.

9. Public safety facility.

10. Car wash.

11. Heavy service.

B. Standards for General-Service Uses with Drive-Through Facilities.

1. Drive-through facilities are prohibited in the CBD zone.

2. Drive-through facilities are subject to the site design standards in AMC 19.62.060(D).

C. Heavy Service.

1. Definition. General-service uses that have any exterior service activities or feature exterior storage areas that total greater than 15,000 gross square feet or occupy an area larger than the size of the use’s principal building.

D. Municipal Service Facility.

1. Definition. An occupied facility supporting the external and internal operations provided by municipal government, including but not limited to maintenance of water, sewer, stormwater, roads, parks, vehicles, and facilities.

E. Public Safety Facility.

1. Definition. A facility for the provision of fire and rescue, medical, police, and emergency response services by a governmental entity. (Ord. 3040 § 2 (Att. A), 2019)

19.44.030 Medical.

A. Medical Use Category. A facility providing medical or surgical care to patients. Some facilities may offer overnight care. This category includes, but is not limited to:

1. Blood plasma donation center.

2. Medical or dental laboratory.

3. Hospital, urgent care, or emergency medical office.

4. Medical office for dentist, chiropractor, osteopath, physician, or other medical practitioner.

5. Medical clinic.

6. Medical day care.

B. R3, R3A, R4, and R4A Zone Standards. No new medical uses are allowed in the R3, R3A, R4, and R4A zones. Expansion of a neighborhood medical or dental office may only occur if such office was in existence and in operation as of the effective date of these regulations.

C. Hospital.

1. Definition. A building designed and used for medical and surgical diagnosis, treatment, and housing of persons under the care of doctors and nurses. Rest homes, nursing homes, convalescent homes, and clinics are not included. (Ord. 3040 § 2 (Att. A), 2019)

19.44.040 Office.

A. Office Use Category. Activities conducted in an office setting and generally focusing on business, professional, or financial services. Office includes, but is not limited to:

1. Business services including, but not limited to, advertising, business management consulting, data processing, or collection agency.

2. Professional services including, but not limited to, lawyer, accountant, bookkeeper, engineer, architect, counseling, sales office, or travel agency.

3. Financial services including, but not limited to, lender, investment or brokerage house, bank, call center, bail bonds, insurance adjuster, real estate or insurance agent, or mortgage agent.

4. Charitable institution (not providing housing or shelter).

5. City, county, state, or federal government office.

6. Radio, TV or recording studio, or utility office.

7. Trade, vocational, or business school.

B. CM2, LM1, and I Zone Standards. In the CM2, LM1, and I zones office uses must be limited to no more than 50 percent of the ground level of the building. Exception: This subsection does not apply for office uses which are accessory to another permitted use. (Ord. 3040 § 2 (Att. A), 2019)

19.44.050 Overnight lodging.

A. Overnight Lodging Category. Accommodations arranged for short-term stays (less than 30 days). Overnight lodging includes, but is not limited to:

1. Bed and breakfast.

2. Hotel/motel.

3. Short-term rentals.

4. Youth hostel.

B. Bed and Breakfast.

1. Definition. A single-family residential unit which provides transient lodging, for compensation, by renting up to six sleeping room accommodations.

2. Purpose. This section is intended to ensure parking, impact on surrounding neighbors, health and safety, and other considerations limit any adverse impacts of bed and breakfasts on the surrounding neighborhood.

3. Requirements.

a. The owner must be the operator of the facility and must reside on the premises.

b. The owner’s quarters and guest rooms must all be in the main building.

c. If located in a residential zone, the facility must be operated in such a manner as not to give the outward appearance of a business in the ordinary meaning of the term.

d. The use must provide off-street parking, including parking for the primary residence per AMC Chapter 19.64 in addition to one parking space per guest room.

C. Hotel/Motel.

1. Definition. A building or portion thereof designed or used for short-term rental of units for sleeping purposes, with or without cooking facilities, and which may include related accessory uses such as shared dining facilities, recreation facilities, and meeting facilities.

D. Short-Term Rental.

1. Definition. “Short-term rental” means an overnight lodging use, that is not a hotel or motel, or a bed and breakfast, in which a dwelling unit, or portion thereof, is offered or provided to a guest for a fee for fewer than 30 consecutive nights.

2. C, CBD, MMU and CM Zone Standards.

a. Short-term rentals in the C, CBD, MMU and CM zones that were lawfully established and obtained a city business license prior to the date of adoption of Ordinance 4046 (March 27, 2023) may continue to operate so long as the short-term rental maintains a current city business license and complies with all applicable local and state regulations.

E. Youth Hostel.

1. Definition. Relatively affordable overnight lodging with shared dormitory-style facilities. (Ord. 4075 § 2 (Att. A), 2024; Ord. 3040 § 2 (Att. A), 2019)

19.44.060 Parking.

A. Parking Use Category. Facilities that provide parking as a principal use.

B.  Principal Use Parking Standards in Residential Zones.

1. In the R1, R2, R2A, R3, R3A, R4A, and OT zones, parking as a principal use is restricted to public parking supporting a public facility such as a library, park, or trail.

2. In the R4 zone, parking as a principal use is restricted to lots abutting the C zone and supporting a mixed-use development in the C zone. (Ord. 3040 § 2 (Att. A), 2019)

19.44.070 Passenger terminal.

A. Passenger Terminal Use Category. Facilities for the takeoff and landing of planes and helicopters, and facilities for trains, boats, buses, taxis or limo services. Passenger terminal includes, but is not limited to:

1. Airport.

2. Airfield, landing strip.

3. Bus passenger terminal, multimodal facility.

4. Heliport.

5. Railroad station.

6. Taxi dispatch center, limousine service.

7. Ferry terminal, passenger boat terminal.

B. Aeronautical Use.

1. Definition. See AMC 19.41.080. (Ord. 3040 § 2 (Att. A), 2019)

19.44.080 Personal service.

A. Personal Service Use Category. Facilities involved in providing personal services to the general public. Personal service includes the following uses:

1. Animal care.

2. Beauty/hair salon.

3. Catering establishment.

4. Cleaning establishment, dry-cleaning or laundry drop-off facility, laundromat, washeteria.

5. Copy center.

6. Funeral home, funeral parlor, mortuary, undertaking establishment, crematorium, pet crematorium.

7. Optometrist.

8. Palmist, psychic, medium, fortune telling.

9. Tailor, milliner, upholsterer.

10. Tattoo parlor, body piercing.

11. Wedding chapel.

B. Animal Care—Indoor.

1. Definition. Any building or land used, designed, or arranged for the care of animals without outdoor activity. Includes animal grooming, animal hospital, veterinary clinic, pet clinic, animal boarding, animal shelter, cattery, kennel, and animal day care.

2. Use Standards. No outdoor activity associated with the care of animals is allowed. Also see AMC 6.06.090, Commercial kennels, catteries, pet shops and animal shelters—General conditions, for applicable standards.

C. Animal Care—Outdoor.

1. Definition. Any building or land used, designed or arranged for the care of animals that includes outdoor activity. Includes animal grooming, animal hospital, veterinary clinic, pet clinic, animal boarding, animal shelter, cattery, kennel, and animal day care.

2. Use Standards.

a. Any structure which houses animals which is not fully enclosed and all animal runs must be located at least 100 feet from any lot line and 300 linear feet from any preexisting principal residential structure located on another lot.

b. All pens and kennels used for housing animals (excluding horses, ponies, and cows) must be surrounded by a black, dark green, or dark brown vinyl-coated chain-link fence not less than six feet in height, and enclosed on top, or be located in an enclosed structure.

D. Beauty Salons.

1. Definition. Any establishment where cosmetology services are provided, including hair care, nail care, and skin care.

E. Funeral Home.

1. Definition. An establishment providing services such as preparing the human dead for burial and arranging and managing funerals, and may include limited caretaker facilities. This classification excludes cemeteries, crematoriums, and columbariums. (Ord. 3040 § 2 (Att. A), 2019)

19.44.090 Recreation, indoor.

A. Recreation, Indoor Use Category. Commercial uses, varying in size, providing daily or regularly scheduled recreation-oriented activities in an indoor setting. The permissions for indoor recreation uses in Table 19.41.050 are based on size (net floor area), with conditional use thresholds of 10,000 square feet and 20,000 square feet in some zones. The indoor recreation category includes, but is not limited to:

1. Adult concessions.

2. Amusement center, game arcade, children’s amusement center.

3. Arena.

4. Billiard hall, pool hall.

5. Bingo parlor.

6. Bowling alley.

7. Convention center or conference center.

8. Dance, martial arts, music studio, classroom.

9. Health club.

10. Shooting range.

11. Sports academy.

12. Miniature golf facility.

13. Movie theater or other indoor theater.

14. Skating rink or roller rink.

15. Swimming pool.

16. Extreme sports facility.

B. Special Indoor Recreation Uses. The following uses fall under the “recreation, indoor” use category, but due to their unique attributes come with their own use permissions and standards. These uses are not subject to the net floor area parameters under the civic use permissions in Tables 19.42.020 and 19.42.030.

1. Adult Concessions.

a. Adult entertainment and retail, taken together as “concessions,” and defined in AMC 5.35.030, are recognized as being uses that may prove detrimental in certain circumstances to its surrounding neighborhoods and thereby requiring the following regulations.

b. Zone-Specific Requirements .

i. In the C zone, adult retail is only permitted south of 22nd Street.

ii. In the LM1 zone, adult concessions are only permitted between Christiansen Road and Reservation Road.

iii. In the HM zone, adult entertainment is only permitted north of South March Point Road and east of Reservation Road.

c. No adult concession may be located within the specified distance of the following uses:

i. One hundred feet of any public or private school, or any trade or vocational school, that on a regular basis has at least one student under the age of 18 years.

ii. One hundred feet of any religious institution.

iii. One hundred feet of any park or any public facility or P zone.

iv. Three hundred feet of another adult concession.

v. For adult entertainment, 100 feet of any residential zone.

vi. For adult retail, 30 feet of any residential zone.

d. The distance provided herein must be measured by following a straight line, without regard to intervening buildings, from the nearest point on the property line or the zone boundary to the specified concession.

e. No person owning, operating or managing an adult concession or their employee or agent may invite, allow, or permit any person under the age of 18 years to enter or remain on the premises of any concession.

f. On the exterior of any concession there must be no window, marquee, or other display of any manner describing, identifying, depicting or portraying “specified anatomical areas,” or “specified sexual activities” (see AMC 5.35.030, Definitions).

g. Violation of the use provisions of this section is declared to be a public nuisance per se, which must be abated by a civil action only and not by criminal prosecution.

h. Concession establishments may be identified with signs on the exterior of the establishment in accordance with AMC Chapter 19.67, Signs. All signs must comply with subsection (B)(1)(f) of this section. No advertising, text, pictures or depictions may be permitted anywhere in the windows, on the site, sidewalk or street (A-board signs), storefront, marquee, or anywhere else other than on the approved signage. Terms such as “sale,” etc., and other such advertising, as associated with mainstream advertising, may be accepted, subject to the interpretation of the Planning Director or her/his designee.

i. There must be no more than one concession business operating in the same building, structure or portion thereof.

j. Nothing in this section is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building or use which violates any ordinance or statute of the city of Anacortes, Skagit County, state of Washington, or the United States.

k. Parking Requirements. For adult concession facilities constructed after the effective date of the ordinance codified in this chapter, all parking must be visible from the public right-of-way. For adult entertainment facilities located in buildings constructed prior to the effective date of the ordinance codified in this chapter, all parking should be visible from the public right-of-way. In cases of adult concession facilities located in buildings constructed prior to the effective date of the ordinance codified in this chapter where this is not feasible, access to the parking must be in as direct a route as possible from the public right-of-way and the parking area must remain free and clear of visual obstructions at all times. Access to the exterior rear of the building must be denied to any persons other than employees and public officials during the performance of their respective duties and tasks by means of a fence, wall or other device approved by the city.

l. Lighting Requirements.

i. All on-site parking areas and premises entries of adult concession facilities must be illuminated from dusk until one hour past closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot-candle of light on the parking surface and/or pathways.

ii. All permitted on-site lighting, including signs, must be shaded and directed so as not to be visible from any residentially zoned property.

iii. An on-premises exterior lighting plan must be presented to the city for approval prior to the operation of any adult concession.

m. Where lighted signs and illuminated areas are permitted, such illuminating devices must be shaded and directed so as not to be visible from any residentially zoned property.

2. Shooting Range, Indoor.

a. Definition. An indoor facility designed and improved to encompass shooting stations or firing lines, target areas, and/or other related components. (Ord. 3040 § 2 (Att. A), 2019)

19.44.100 Recreation, outdoor.

A. Outdoor Recreation Use Category. Commercial uses, varying in size, providing daily or regularly scheduled recreation-oriented activities. Activities take place predominately outdoors or within outdoor structures. Outdoor recreation category includes, but is not limited to:

1. Drive-in theater.

2. Camp, campground, travel trailer park, recreational vehicle park.

3. Extreme sports facility such as paintball, BMX, or skateboarding.

4. Golf course.

5. Outdoor commercial activity such as batting cage, golf driving range, amusement park, miniature golf facility, water park.

6. Outdoor theater.

7. Outdoor sports or entertainment facility.

8. Riding stable.

9. Shooting range.

10. Racetrack.

11. Sports academy for active recreational or competitive sports.

12. Stadium, arena.

B. Outdoor Recreation Use Standards. A facility designed to accommodate 200 or more patrons at one time may only be allowed through securing a conditional use permit.

C. Campground.

1. Definition. An area to be used for transient occupancy by camping in tents, camp trailers, travel trailers, motor homes, or similar movable or temporary sleeping quarters of any kind.

D. Golf Course.

1. Definition. A facility providing a private or public golf recreation area designed for executive or regulation play along with accessory golf support facilities, but excluding miniature golf.

E. Marinas and Boat Moorage.

1. Definition. A use of land involved in the operation of a marina, including structures and activities normally integral to the operation of a marina, such as servicing, fueling, pumping-out, and chartering. Marinas may include accessory retail and equipment storage uses that directly support water-dependent activities per the Shoreline Master Program.

F. Recreational Vehicle Park (RV Park).

1. Definition. Land containing two or more campsites which are located, established, or maintained for occupancy by people in recreation vehicles or travel trailers which are used for recreation or vacation purposes.

2. Minimum Standards. Recreational vehicle parks must meet the minimum standards of the Washington Department of Social and Health Services and the county health department.

3. Streets and Recreational Vehicle Spaces. The arrangement, type, extent, width, grade, and location of all streets and sidewalks must be considered in their relation to existing and planned streets, topographical conditions, and public convenience and safety, and in their relation to the proposed uses of the land to be served by such streets. The RV park must make appropriate provisions for:

a. Open spaces and landscaping.

b. Drainage ways.

c. Streets, alleys, sidewalks and other public ways.

d. Water service.

e. Sanitary waste disposal.

f. Parks and playgrounds.

g. Other utilities.

All recreational vehicle spaces must be provided with safe and convenient access from abutting streets or roads. Alignment and gradients of roads must be adapted to topography. Surfaces of roads must be smooth, hard, dense and well drained.

Exposed or disturbed ground surfaces in all parts of every recreational vehicle space must be covered with gravel or other material, or protected with a vegetative cover, to minimize erosion.

4. Internal Design.

a. Recreational vehicle spaces must be arranged to facilitate placement and removal of vehicles from individual spaces.

b. Accessory facilities must be designed and located for safe and convenient use by occupants of the park, but so as to inhibit their use by nonoccupants.

c. Recreational vehicle spaces must be separated from each other and from other structures to allow at least 10 feet of separation between parked vehicles and structures.

d. The density must not exceed 20 recreational vehicle spaces per acre of gross site area.

e. All recreational vehicle spaces should be located at least 25 feet from a public street or highway right-of-way and must be set back 10 feet from interior roadways.

f. The Director may require that recreational vehicle parks located adjacent to industrial or commercial land uses provide screening such as fences or natural growth along the property boundary lines separating the park from such uses.

g. At least one-twelfth of the area of the recreational vehicle park must be developed for a park, open space, or playground area for use of the RV park occupants. The area must be located so as to conveniently serve all patrons of the recreational vehicle park. Recreation areas may include space for recreation buildings and common facilities such as a laundry.

5. Water Supply. The City Engineer must require that any water supply system which is installed be designed to provide an adequate accessible water supply for fire protection purposes. The water supply system must meet standards published by the Insurance Services Office: Guide for Determination of Required Fire-Flow.

6. Sewage Disposal. All sewage disposal systems must meet the minimum standards of the Washington State Department of Social and Health Services, the Washington State Department of Ecology, and the county health department. The means for sewage disposal must be subject to approval by the City Engineer.

7. Solid Waste. The recreational vehicle park developer must assure that provisions for collection and disposal of solid waste are available. The means for solid waste collection and disposal must be subject to approval by the City Engineer.

8. Required Facilities. All recreational vehicle parks having more than eight spaces must have approved facilities for laundry, showers, and restrooms for users of the park.

9. Retail Sales. No retail sales uses are allowed within the park unless a specific site for such use, intended to primarily serve park users, is approved by the City Council as part of the conditional use permit.

10. Ownership. In all cases the entire area of an RV park must be maintained in single ownership.

G. Shooting Range, Outdoor.

1. Definition. An outdoor facility designed and improved to encompass shooting stations or firing lines, target areas, berms and baffles, and/or other related components. (Ord. 3040 § 2 (Att. A), 2019)

19.44.110 Restaurant/bar.

A. Restaurant/Bar Use Category. A facility that prepares and sells food and drink for on- or off-premises consumption. The restaurant/bar category includes, but is not limited to:

1. Bar, nightclub, tavern, lounge.

2. Eating establishment.

3. Food truck.

B. Standards for Restaurants with Drive-Through Facilities.

1. Drive-through facilities are prohibited in the CBD zone except when such facilities are completely enclosed within a building.

2. Drive-through facilities are subject to the site design standards in AMC 19.62.060(D).

C. Food Truck.

1. Definition. A large wheeled vehicle from which food is sold that typically contains cooking facilities where the food is prepared.

2. Standards.

a. During business operations, food trucks must be located on private property (not in the public right-of-way).

b. Food trucks may not install any seating permanently attached to the ground.

c. Food trucks must provide adequately sized and located waste collection containers during business operations. (Ord. 3040 § 2 (Att. A), 2019)

19.44.120 Retail sales.

A. Retail Sales Use Category. Facilities involved in the sale, lease, or rental of new or used products. The permissions for retail sales uses in Table 19.41.050 are based on size (net floor area) per individual use, with thresholds of 5,000, 25,000, and 50,000 square feet. Retail sales include, but are not limited to:

1. Facilities involving the sale, lease, or rental of new or used products, including but not limited to appliances, art supplies, baked goods, bicycles, books, building supplies, cameras, carpet and floor coverings, crafts, clothing, computers, convenience goods, dry goods, electronic equipment, fabric, flowers, furniture, garden supplies, gifts or novelties, groceries, hardware, home improvement, household products, jewelry, medical supplies, music, musical instruments, office supplies, package shipping, pets, pet supplies, pharmaceuticals, photo finishing, picture frames, plants, printed materials, produce, seafood, souvenirs, sporting goods, stationery, tobacco, used or secondhand goods, vehicle parts and accessories, videos and related products.

2. Art gallery.

3. Check cashing, payday loan.

4. Pawnshop.

B. Standards for All Retail Sales Uses. The maximum gross floor area for a building containing multiple tenant/use spaces is 75,000 square feet.

C. Standards for Retail Uses with Drive-Through Facilities.

1. Drive-through facilities are prohibited in the CBD zone.

2. Drive-through facilities are subject to the site design standards in AMC 19.62.060(D).

D. Standards for Retail Sales Uses in the LM1 and HM Zones. In the LM1 and HM zones, the primary building entries of retail uses must be located within the lots or portions of lots illustrated in Figure 19.44.120(D). These areas are generally within 1,000 feet of the State Route 20 intersections with March Point Road, Thompson Road, and Reservation Road as measured in a straight line from the right-of-way centerlines and exclude lots with waterfronts.

Figure 19.44.120(D)

Clarification on limits of retail sales uses in the LM1 and HM zones.

E. Neighborhood Grocery Store.

1. Definition. A small retail establishment which primarily sells food, but also may sell other convenience and household goods and may include an area for dining such as a deli or coffee shop.

2. Standards.

a. Not to exceed 1,200 square feet of retail sales net floor area and 3,200 square feet of gross floor area.

b. No such grocery uses must be allowed within one-quarter mile of an existing grocery store.

F. Special Retail Sales Uses. The following uses fall under the “retail sales” use category, but, due to their unique attributes, come with their own use permissions and standards. These uses are not subject to the net floor area parameters under the retail sales permissions in Table 19.41.050.

1. Heavy Retail.

a. Definition. Retail uses with exterior sales and/or storage areas greater than 15,000 gross square feet or occupying a greater area than the use’s principal building. Examples include truck stops, agricultural supplies, plant and landscape design materials, building materials, and heating fuels.

2. Marijuana Retailers.

a. Definition. Marijuana retailer” means a person licensed by the State Liquor and Cannabis Board to sell marijuana concentrates, useable marijuana, and marijuana-infused products in a retail outlet.

b. Standards. Marijuana retailers are only allowed east of the interchange of State Route 20 and State Route 20 Spur.

3. Gas Station.

a. Definition. A retail use primarily involving automobile fuels. “Gas stations” includes specialized structures for selling fuel and fuel storage tanks, often underground. These establishments may provide incidental services such as automobile maintenance/repair, car washing, and the sale of food and other convenience items (including drive-through restaurants). (Ord. 3040 § 2 (Att. A), 2019)

19.44.130 Vehicle sales/rental.

A. Vehicle Sales/Rental Use Category. This category includes, but is not limited to, direct sales, rental or leasing of passenger vehicles, light and medium trucks, and other consumer motor vehicles such as motorcycles, boats, and recreational vehicles.

B. Vehicle Sales/Rental, Enclosed.

1. Definition. Vehicle sales/rental use that is conducted entirely indoors.

C. Marine Sales/Rental.

1. Definition. An establishment where boats 16 feet or more in length are rented or sold. The sale or rental of smaller boats must be a retail sales use. (Ord. 3040 § 2 (Att. A), 2019)

19.45.010 Heavy industrial.

A. Heavy Industrial Use Category. Any facility that involves production and/or storage of dangerous, noxious or offensive uses or a facility that has smoke, odor, noise, glare, fumes, gas, vibration, use of fire or explosives, emission of particulate matter, interference with radio or television reception, or radiation. Such uses include, but are not limited to:

1. Petroleum and oil refineries.

2. Chemical manufacturing.

3. Wood products manufacturing.

4. Food and beverage manufacturing.

5. Primary metal manufacturing.

6. Fabricated metal products and machinery.

7. Machinery manufacturing.

8. Transportation equipment manufacturing. (Ord. 3040 § 2 (Att. A), 2019)

19.45.020 Light industrial.

A. Light Industrial Use Category. Manufacturing, assembly, repair or servicing of industrial, business, or consumer machinery, equipment, products, or by-products mainly by providing centralized services for separate retail outlets. Contractors and building maintenance services and similar uses perform services off site. The light industrial category includes, but is not limited to, the following uses:

1. Bottling.

2. Brewery (produce 15,000 or more U.S. beer barrels annually).

3. Bus or rail transit vehicle maintenance or storage facility.

4. Contractor’s storage, including janitorial and building maintenance service, exterminator, or other maintenance yard or facility, building, heating, plumbing, landscaping or electrical contractor and others who perform services off site, but store equipment and materials or perform fabrication or similar work on site.

5. Food and beverage products except animal slaughter, stockyards.

6. Laundry, dry-cleaning, and carpet cleaning plants.

7. Leather and leather products except tanning and finishing.

8. Sheet metal, welding, machine, tool repair shop or studio.

9. Stone, clay, glass, and concrete products.

10. Woodworking, including cabinet makers and furniture manufacturing.

B. Marijuana Processors.

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

2. Standards. Marijuana processors are only allowed east of the interchange of State Route 20 and State Route 20 Spur. (Ord. 3040 § 2 (Att. A), 2019)

19.45.030 Light manufacturing.

A. Light Manufacturing Use Category. A facility conducting light manufacturing operations within a fully enclosed building. The light manufacturing category includes, but is not limited to, the following uses:

1. Clothing, textile, and apparel manufacturing.

2. Facilities engaged in the assembly, design, repair or testing of: analyzing or scientific measuring instruments; semiconductor and related solid state devices, including but not limited to clocks, integrated microcircuits; jewelry, medical, musical instruments, photographic or optical instruments; and timing instruments.

3. Printing, publishing, and lithography.

4. Production of artwork and toys, graphic design sign-making, movie production facility, photo-finishing laboratory.

5. Repair of scientific or professional instruments and electric motors.

B. Artisan Manufacturing.

1. Definition. Production of goods by the use of hand tools or small-scale, light mechanical equipment occurring within a fully enclosed building where such production requires no outdoor operations or storage, and where the production, operations, and storage of materials related to production occupy no more than 3,500 square feet of net floor area. Typical uses have negligible negative impact on surrounding properties and include woodworking and cabinet shops, ceramic studios, jewelry manufacturing and similar types of arts and crafts, production of alcohol, or food processing. (Ord. 3040 § 2 (Att. A), 2019)

19.45.040 Research and development.

A. Research and Development Use Category. A facility focused primarily on the research and development of new products. The research and development category includes, but is not limited to, the following uses:

1. Laboratories, offices and other facilities used for research and development by or for any individual or organization, whether public or private.

2. Prototype production facilities that manufacture a limited amount of a product in order to fully investigate the merits of such a product.

3. Pilot plants used to test manufacturing processes planned for use in production elsewhere.

B. Research and Development Use Standards.

1. Such uses in the C, CBD, and MMU zones must occur within a fully enclosed building.

2. In the MMU zone, the use of outdoor areas for final product assembly and transportation-related activities are permitted; provided, that screening of such outdoor uses mitigates the impacts of planned activities. Screening options include fencing (AMC Chapter 19.66) and Type A or B landscaping (AMC 19.65.060). (Ord. 3040 § 2 (Att. A), 2019)

19.45.050 Self-service storage.

A. Self-Service Storage Category. Facilities providing separate storage areas for personal or business use designed to allow private access by the tenant for storing or removing personal property. The self-service storage category includes, but is not limited to, the following uses:

1. Warehouse, self-service.

2. Fully enclosed indoor multistory storage.

3. Mini-warehouse. (Ord. 4014 § 2 (Att. A), 2022; Ord. 3040 § 2 (Att. A), 2019)

19.45.060 Warehouse and distribution.

A. Warehouse and Distribution Category. Facilities involved in the storage or movement of goods for themselves or other firms. Goods are generally delivered to other firms or the final consumer with little on-site sales activity to customers. The warehouse and distribution category includes, but is not limited to, the following uses:

1. Bulk storage, including nonflammable liquids, cold storage plants, including frozen food lockers, household moving and general freight storage, separate warehouse used by retail store such as furniture or appliance store.

2. Distribution facility, central postal facility.

3. Parcel services.

4. Transfer and storage business where there are no individual storage areas or where employees are the primary movers of the goods to be stored or transferred.

5. Trailer storage, drop-off lot.

6. Truck or motor freight terminal, service facility. (Ord. 3040 § 2 (Att. A), 2019)

19.45.070 Waste-related service.

A. Waste-Related Service Category. Characterized by uses that receive solid or liquid wastes from others for transfer to another location and uses that collect sanitary wastes or that manufacture or produce goods or energy from the composting of organic material. The waste-related service category includes, but is not limited to, the following uses:

1. Uses that receive solid or liquid wastes from others for transfer to another location, uses that collect sanitary wastes, or uses that manufacture or produce goods or energy from the composting of organic material.

2. Animal waste processing.

3. Landfill.

4. Manufacture and production of goods from composting organic material.

5. Outdoor storage of recyclable material.

6. Scrap materials (indoor storage).

7. Solid or liquid waste transfer station, waste incineration.

B. Recycling Facility.

1. Definition. A building and/or site in which recoverable materials such as paper, plastic, glass, and metal are collected, stored, flattened, crushed, or bundled prior to shipment to others who will use those materials to manufacture new products. The materials are stored on site for shipment to market. (Ord. 3040 § 2 (Att. A), 2019)

19.45.080 Water-oriented industrial.

A. Water-Oriented Industrial Use Category. Industrial type uses that are either water-dependent, water-related, or water-enjoyment use, or any combination thereof. The water-oriented industrial use category includes, but is not limited to:

1. Ship and boat building and repair.

2. Seafood processing.

3. Dry stack boat storage.

4. Maritime administration.

5. Piers and wharfs.

6. Water-based shipping terminals.

7. Boat launch facilities.

B. Dry Stack Boat Storage.

1. Definition. A facility for storing boats out of water. This is principally a land operation, where boats are dry stored or “stacked” until such time as they are transferred to the water for use. Structures must comply with form and intensity standards in AMC Chapter 19.42 for the applicable zoning district.

C. Boat Launch Facilities.

1. Definition. Boat launch facilities are slabs, pads, planks, rails, cranes, or graded slopes used for launching boats by means of a trailer, hand, or mechanical device. (Ord. 3040 § 2 (Att. A), 2019)

19.45.090 Wholesale trade.

A. Wholesale Trade Category. Facilities involved in the sale, lease, or rental of products to industrial, institutional, or commercial businesses only. The use emphasizes on-site sales or order-taking and often includes display areas. Businesses may or may not be open to the general public, but sales to the general public are not permitted. Products may be picked up on site or delivered to the customer.

The wholesale trade category includes, but is not limited to, the following uses:

1. Sale or rental of machinery, equipment, heavy equipment, building materials, special trade tools, welding supplies, machine parts, electrical supplies, plumbing supplies, janitorial supplies, restaurant equipment, and store fixtures.

2. Wholesale sales of food, clothing, auto parts, building hardware, and similar products. (Ord. 3040 § 2 (Att. A), 2019)

19.46.010 Agriculture.

A. Uses in the agriculture category include:

The raising and harvesting of trees, vines, seeds, plants and crops, as well as the keeping, grazing or feeding of animals (including fish) for animal products, animal propagation, or value increase. The agriculture category includes, but is not limited to:

1. Animal raising including, but not limited to, horses, hogs, cows, sheep, goats, swine, poultry, rabbits and other small animals, apiculture, aquaculture, dairying, personal or commercial animal breeding and development.

2. Crop production, soil preparation, agricultural services, large animal and veterinary services, farm labor and management services, research farm.

3. Floriculture, horticulture, pasturage, row and field crops, viticulture, tree or sod farm, silviculture, sale of agriculture products.

4. Fish hatcheries, fish farm.

5. Forestry, timber tracts, forest nursery, gathering of forest products.

6. Grain, fruit, field crop and vegetable cultivation and storage.

7. Livestock, horse, dairy, poultry and egg products.

8. Plant nursery.

9. Restricted agriculture.

B. R-1 Zone Standards. Pasture space for livestock must be provided at a minimum of 18,000 square feet per animal.

C. Aquaculture.

1. Definition. The breeding, hatching, or raising of fish or other aquatic plants or animals for sale.

D. Marijuana Producers.

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

2. Standards.

a. Nuisances.

i. No odor or smoke may be emitted that is detectable at or beyond the walls of the facility, in such a concentration or of such duration as to cause a public nuisance, or threaten health or safety, or to infringe upon the enjoyment of a neighboring use.

ii. The applicant must install an exhaust system that is designed and constructed to capture sources and contaminants to prevent spreading of contaminants or odors to other occupied parts of the building or surrounding area. The system must be designed by a licensed Washington State professional engineer.

b. Marijuana producers are only allowed east of the interchange of State Route 20 and State Route 20 Spur.

E. Nursery.

1. Definition. Land, building, structure, or combination thereof, for the storage, cultivation, or transplanting of live trees, shrubs, or plants, offered for sale on or off the premises including products used for gardening or landscaping. (Ord. 3040 § 2 (Att. A), 2019)

19.46.020 Civic.

A. Uses in the civic category include:

Places of public assembly that provide ongoing public, educational and cultural services to the general public, as well as meeting areas for religious practice. Civic includes the following uses:

1. Cemetery.

2. College, community college, and university.

3. Community/recreation center.

4. Civic club.

5. Library.

6. Museum.

7. Religious institution.

8. School, public or private (K-12).

NOTE: This category does not include:

1. Government offices, which fall under office use.

2. Trade, vocational, or business school, which falls under office use.

3. Public safety facilities, which fall under general-service use.

4. Municipal service facilities, which fall under general-service use.

B. Civic Use Standards. The permissions for civic uses in Tables 19.41.040 and 19.41.050 are based on size (gross floor area), with thresholds of 10,000 and 20,000 square feet, provided they meet the following standards:

1. Site Planning. Civic uses are subject to site planning standards in AMC Chapter 19.62.

2. Building Design. Civic uses are subject to building design standards in AMC Chapter 19.63.

Departures to the building massing standards and other applicable standards in the chapter will be considered per AMC 19.20.220, provided alternative design treatments meet the purpose of the standards. The Director may exempt buildings not visible from the street.

3. Parking. The use must comply with civic parking regulations in AMC 19.64.040 and other applicable parking regulations in AMC Chapter 19.64, Parking, except that in no event may parking be in excess of one space per three seats in a residential zone.

4. A traffic mitigation plan must be submitted for approval by the city. The plan must address traffic control, parking management (including the mitigation of overflow parking into adjoining residential areas), and traffic movement to the arterial street system. In addition to on-site parking requirements, parking in excess of the maximum may be permitted on existing off-site satellite parking lots, subject to city approval of a joint use agreement. Off-site parking in residential zones must be limited to lots shared with existing institutional uses, such as schools.

5. The storage of buses or vans over 10,000 pounds gross weight is permitted on site only if the following conditions are met:

a. The location of the parking areas for these vehicles is indicated on the site plan at the time of application.

b. Vehicles must be leased or owned by the owner or tenant of the site, must be in operable condition, and must have a current vehicle registration.

c. Vehicles must not intrude into public right-of-way or obstruct sight visibility from any driveway.

6. Landscaping. The use must comply with landscaping standards in AMC Chapter 19.65.

7. Fences, walls, and hedges on site must comply with AMC Chapter 19.66.

8. Signs associated with the use must comply with AMC Chapter 19.67.

C. Special Civic Uses. The following uses fall under the “civic use” category, but, due to their unique attributes, come with their own use permissions and standards unless otherwise noted. These uses are not subject to the gross floor area parameters under the civic use permissions in Tables 19.41.040 and 19.41.050.

1. Cemetery/Columbarium.

a. Defined. A facility used for the permanent interment of humans or animals or their cremated remains. Includes mausoleum, columbarium, memorial, and pet cemetery.

2. College, Community College, or University.

a. Defined. A private or public educational institution where students attend to earn an associate, baccalaureate, master’s or doctoral degree. A college/university may not be considered a trade or vocational school (see office use category, AMC 19.44.040).

b. Use Standards.

i. Any school that has greater than 100 students must have access onto a collector or arterial street.

ii. Such uses are subject to civic use standards in subsection B of this section.

3. Community Center.

a. Definition. A building or other enclosed structure open to the general public that is owned and operated by a public agency, or a nonprofit organization, and that is used predominantly for cultural, educational, recreational, or social purposes. Not included in the category of community center are those businesses and occupations defined by this title as a medical use, personal service, general-service, office, religious institution, school, private club or fraternal organization.

4. Museums.

a. Definition. A room or building for exhibiting, or an institution in charge of, a collection of books, or artistic, historical, or scientific objects.

5. Private Recreational, Civic, Social and/or Cultural Clubs.

a. Definition. A range of membership-only clubs, including, but not limited to, tennis clubs, civic clubs, yacht clubs, swimming clubs, social, and/or cultural clubs. This definition excludes health clubs.

b. Standards.

i. Such uses are subject to civic use standards in subsection B of this section.

ii. In the CM2 zone, only yacht clubs are allowed.

6.  School, Public or Private (K-12).

a. Definition. An institution of learning for minors, whether public or private, offering regular course of instruction required by the Washington Education Code. This definition includes an elementary school, middle or junior high school, or high school. If said school is located on the grounds of a church or house of worship, it must be considered a separate principal use if it has a student body in excess of 50 students. Students enrolled in a day care center at the church may not be separately counted as a school.

b. Use Standards.

i. Any school that has greater than 100 students must have access onto a collector or arterial street.

ii. Pedestrian connectivity to the surrounding residential areas is required, where feasible. This includes pathways connecting to surrounding streets.

iii. Accessory day cares associated with any school must occupy no more than 50 percent of the school structure(s).

iv. Schools are subject to civic use standards in subsection B of this section. (Ord. 3040 § 2 (Att. A), 2019)

19.46.030 Parks, open space, and natural areas.

A. Parks, Open Space, and Natural Areas Category. Uses focusing on natural areas consisting mostly of passive or active outdoor recreation areas and having few structures. The parks, open space and natural area category includes, but is not limited to, the following uses:

1. Botanical garden, nature preserve, community forest lands, recreational trails.

2. Game preserve, wildlife management area, refuge.

3. Park, including recreation field.

4. Reservoir, control structure, water supply, water well.

5. Plazas.

B. Parks and Plazas.

1. Definitions.

a. Park. Land owned by the city or other public entity and open to public use for purposes of pleasure, relaxation, exercise and amusement.

b. Plaza. A publicly accessible open space usually surrounded by buildings and/or streets where people can gather. Plazas typically include walking surfaces, seating areas and some landscaped elements. (Ord. 3040 § 2 (Att. A), 2019)

19.46.040 Utilities.

A. Utilities, Major. Large and/or regional public or private utility generation or treatment facilities and possibly having on-site personnel. This category includes, but is not limited to:

1. Water treatment plant.

2. Sanitary sewer and/or stormwater treatment plant.

B. Utilities, Minor. Small and/or local public or private utility distribution facilities and infrastructure with no on-site personnel. This category includes, but is not limited to:

1. On-site stormwater retention, detention, or infiltration facility.

2. Neighborhood-serving telecommunications, gas, or electric facility.

3. Water and sanitary sewer pump station or lift station.

4. Electrical substation.

5. Utility service.

C. Sustainable Energy Generation System.

1. Definition. A system that generates electricity from renewable resources such as solar energy, wind power, tidal power, geothermal energy, and biomass.

2. Standards.

a. Principal and Accessory Use Classification. The sustainable energy generation system is a principal use when it generates or has the potential to generate more electricity than needed for buildings and facilities on the site where it is located and sends or has the potential to send excess electricity off site.

Systems that only generate electricity for on-site use are accessory (see AMC 19.47.010 and 19.47.020 for accessory use and structure standards), unless the Director determines the system is a principal use based on system characteristics such as size, design, or off-site impacts.

Exception: Solar energy systems attached to a rooftop and which send excess electricity off-site may be considered an accessory use.

b. Location on Buildings. Sustainable energy generation systems may be located on building exteriors, provided they comply with setback and building height standards for the zone in which the building is located and applicable design standards such as those for rooftop mechanical equipment screening (see AMC 19.62.070(E)).

c. Nuisances. Uses, processes, equipment employed, and materials stored must not inflict upon neighboring properties fumes, noise, vibrations, odor, refuse matter, water-carried waste, or other nuisances or hazards detrimental to the health, welfare, and safety of persons occupying or visiting the zone or adjacent zones above that which is allowed by local, state, and federal standards. (Ord. 3040 § 2 (Att. A), 2019)

19.47.010 Generally.

A. Accessory uses and structures are permitted in conjunction with allowed principal uses. Allowed accessory uses and structures include those listed in this chapter and additional accessory uses and structures that, as interpreted by the Director, meet the following:

1. Are clearly incidental to and customarily found in connection with an allowed principal building or use.

2. Are subordinate to and serving an allowed principal building or use.

3. Are subordinate in area, extent, and purpose to the principal building or use served.

4. Contribute to the comfort, convenience or needs of occupants, business or industry in the principal building or use served.

5. Are located on the same lot as the principal building or use served.

B. No accessory use or structure may be established on a lot prior to the establishment of a permitted principal use. (Ord. 3040 § 2 (Att. A), 2019)

19.47.020 Accessory structures.

A. Defined. A subordinate structure or building, the use of which is incidental and related to that of the main building or use on the same lot.

B. Accessory Structure Standards.

1. Form and Intensity Standards.

a. Height Limits.

i. Accessory structures in residential zones must not exceed 16 feet in height, as measured in AMC 19.42.120. The height limit for accessory structures with a roof pitch of 6:12 or greater is 20 feet.

ii. Accessory structures which include an accessory dwelling unit are subject to the height limits in AMC 19.47.030(C)(5).

Figure 19.47.020(B)(1)(a)

Height limits for accessory structures.

b. Size Limit. Accessory structures in all residential zones, except R1, must not exceed 1,000 square feet in size per building except when it includes an accessory dwelling unit (see AMC 19.47.030(C)(4)).

c. Setback requirements for all accessory structures are established in Tables 19.42.020 and 19.42.030, except:

i. Interior side setbacks for accessory structures:

(A) Three feet, for accessory structures no larger than 144 square feet and 12 feet in height.

(B) Five feet for other accessory structures.

ii. Rear setbacks adjacent to a platted alley:

(A) Zero feet for detached accessory structures or that portion of the primary structure that is used as an accessory structure. Exception: Where garage doors or a carport face the alley, the structure must be set back a minimum of 10 feet from the alley property line to allow adequate turning distance for vehicles.

(B) Detached accessory dwelling units (whether they are attached to a garage or freestanding) are subject to the setback standards in AMC 19.47.030.

iii. Rear setbacks not adjacent to a platted alley:

(A) Five feet for accessory structures no larger than 144 square feet and 12 feet in height.

d. Accessory structures associated with single-family dwellings, duplexes, and triplexes must be located to ensure that the minimum usable open space standards of AMC 19.43.030 are met.

2. Tent structures are considered accessory buildings, and may be located within side and rear setbacks, but not in a setback adjacent to a street. Tent structures must be constructed and maintained so as to not present a safety, health, or fire hazard.

3. Antennas erected after January 1, 1996, fall into two categories: (a) amateur radio service antennas and towers under 75 feet that require only a building permit, and (b) those higher than 75 feet that require a conditional use permit. Antennas and towers may not be located within the street or interior side setback areas, but may be located within the rear setback area.

4. Accessory buildings over 144 square feet in residential zones may not be corrugated metal sided. (Ord. 3040 § 2 (Att. A), 2019)

19.47.030 Accessory dwelling unit (ADU).

A. Definition. A second dwelling unit attached or detached from the primary residential unit on a lot.

B. Purpose. The purpose of an accessory dwelling unit is to:

1. Add affordable units to existing housing and make housing units available to moderate-income people who might otherwise have difficulty finding homes within the city.

2. Promote the development of additional housing options in residential neighborhoods that are appropriate for people at a variety of stages of their lives.

3. Provide homeowners with a means of obtaining, through tenants in either the accessory dwelling unit or the principal residence, rental income, companionship, or security.

4. Protect neighborhood stability, property values, and the character of the neighborhood.

C. Standards and Criteria.

1. When and Where Permitted. An ADU may be established in any zone on a lot with a single-family residence. An ADU may be created by any one or combination of the following methods:

a. Alteration of interior space of an existing residence.

b. Conversion of an attic, basement, attached or detached garage, or other portion of a residence.

c. Addition of a living area enclosed within the principal building.

d. Construction of a detached living area.

e. Associated with the construction of a new single-family dwelling (where permitted).

2. Number. Each single-family residential unit may have only one ADU.

3. Subdivision. ADUs must not be subdivided or otherwise segregated in ownership from the principal dwelling unit.

4. Maximum Size. The ADU may not exceed 900 square feet gross floor area.

5. Maximum Height.

a. ADUs enclosed within the principal building are subject to the height limits for the applicable zone in Tables 19.42.020 and 19.42.030.

b. Height limits for detached ADUs are:

i. Twenty feet where the roof pitch is less than 6:12.

ii. Twenty-five feet where the roof pitch is 6:12 or greater.

Exception: ADU height and roof pitch adjustments may be needed for structures to comply with the 45-degree height/setback plane provisions in subsection (C)(6)(a) of this section.

Figure 19.47.030(C)(5)

Height limits for detached ADUs.

6. Minimum Setbacks and Siting Requirements. ADUs enclosed within the principal building are subject to the setback requirements for the applicable zone. Standards for detached ADUs (whether or not they are attached to a garage) are subject to the following setback requirements:

a. Minimum interior side setback: five feet, except that from a height of 15 feet at the five-foot minimum interior side setback, buildings must step back at a 45-degree angle away from the interior side or rear property line as shown in Figure 19.47.030(C)(6) below.

b. Minimum rear setback (to alley property line): zero feet, except where garage doors or a carport faces the alley, the structure must be set back a minimum of 10 feet from the alley property line to allow adequate turning distance for vehicles.

c. Detached ADUs must be located consistent with the minimum usable open space standards of AMC 19.43.030, regardless of lot size.

Figure 19.47.030(C)(6)

Height/setback plane for detached accessory dwelling units along interior side setbacks.

7. Living Facilities. At a minimum, an accessory dwelling unit includes a bathroom, kitchen, and separate exterior access.

8. Parking. A minimum of three parking spaces must be provided for the principal and accessory dwelling units. Where on-street parking is available abutting the lot, only two off-street spaces must be provided for the principal and accessory dwelling units.

9. Entrance. The entrance to the ADU must not be on the same side of the structure as the entrance to the principal residence, except when such entrance is not visible from the street as determined by the Director.

Exception: If an ADU is created within an existing residence which already has more than one existing exterior door on the same side, an existing door may be utilized for the ADU. (Ord. 4071 § 2 (Att. A), 2024; Ord. 3040 § 2 (Att. A), 2019)

19.47.040 Home occupations.

A. Purpose. The purpose of a home occupation is to allow certain activities to be undertaken for gain or profit within a dwelling, or a building accessory to a dwelling, in any zone in which dwellings are present, while maintaining the residential character of the property and avoiding detrimental effects to the surrounding neighborhood.

B. Applicability. This section applies to all home occupations except a home office or home telephone or internet sales, or similar use, with no customer or employee visits to the site.

C. Requirements.

1. The occupation must not create any noise, dust, glare, vibration, odor, hazardous waste, smoke, electrical interference, or other adverse impact to the surrounding residential area.

2. The principal use of the premises must be residential and at no time may the home occupation exceed 25 percent of the floor area of the dwelling unit, not including the garage.

3. There may be no exterior indication of the occupation, including no outdoor storage related to the occupation, nor exterior modification of the building(s) to accommodate the occupation, other than an allowed sign (see AMC 19.67.070).

4. No person other than members of the family residing on the premises may be engaged in such occupation.

5. If the occupation requires that customers or clients visit the premises, adequate off-street parking must be a condition of the permit, and traffic generated by the business may not exceed that which might reasonably be generated by residential use of the premises.

6. A home occupation permit may not be transferred to another person.

7. All regular business license requirements must be met.

8. The requirements for shipping and receiving of materials in connection with the business do not create excessive noise or traffic.

D. Any expansion or change of the nature of the home occupation that does not qualify for a minor permit revision requires a new permit. (Ord. 3040 § 2 (Att. A), 2019)

19.47.050 Caretaker residence.

Caretaker or security residences are allowed in the LM1, CM2, MS, I, and HM zones, provided they are accessory to a principal permitted use. See AMC 19.47.010 for general accessory use standards. (Ord. 3040 § 2 (Att. A), 2019)

19.48.010 Applicability.

The temporary use standards herein are intended to allow for the short-term placement of activities, many of which would be not allowed on a permanent basis. The following regulations govern temporary uses. (Ord. 3040 § 2 (Att. A), 2019)

19.48.020 Temporary use standards.

A. Temporary Event/Uses.

1. A temporary event lasting one day is permitted without complying with the conditions of subsection (A)(2) of this section; provided, that no more than four temporary events in any one calendar year are permitted on that property. Temporary uses meeting the definition of “special event” are subject to the standards of AMC Chapter 7.04.

2. All temporary events lasting more than one day on any premises in any one calendar year must meet all of the following:

a. No premises may be the site of a temporary event exceeding a collective total of 20 days, or three individual weekends, or both within any one calendar year. In this context, a weekend constitutes three consecutive days.

b. Signs associated with a permitted temporary event are subject to the standards in AMC 19.67.110.

c. All outdoor activities must be discontinued by eleven p.m. when located closer than 500 feet to a residential use.

d. No unauthorized encroachments on public rights-of-way are allowed.

e. The temporary event must comply with all applicable environmental regulations in Division 7 of this title.

f. Separation Requirement. Except for yard sales and Christmas tree sales, no temporary use may be located closer than 100 feet to a dwelling unit unless the owners of such properties provide written consent of the temporary use to the Director.

g. Plans for security and safety must be provided for civic/cultural events.

h. The sponsor, owner, or manager of any temporary use must be responsible for ensuring that the site remains free of debris or waste upon the conclusion of each day’s sale or use.

i. No more than one temporary use may be permitted per lot at any given time.

j. Unless otherwise specified, upon expiration of a temporary use, the site must return to its original state within seven days.

B. Produce Stand.

1. Definition. A temporary structure limited to the display and sales of seasonal produce or handicrafts or other seasonal products.

2. Standards.

a. A produce stand use is limited to 120 days per calendar year.

b. A produce stand must be located outside of the right-of-way and at least 10 feet from the edge of the paved roadway or, if a paved sidewalk exists, at least five feet from the edge of the sidewalk.

c. A produce stand must not be located closer than 10 feet to any side lot line and 20 feet to any side lot line which is in or abuts a residential zone, unless a greater setback is required for the zone in which it is located.

d. During the times of the year in which the produce stand is not in operation, the stand and any structure associated with it must not be visible from any public road, unless it meets the location and dimensional standards for an accessory structure.

C. Cargo Containers.

1. Definition. A standardized, reusable vessel that was originally, specifically or formerly designed for use in packing, shipping, movement or transportation of freight, articles, goods or commodities and/or capable of being mounted or moved on a railcar or on a chassis for movement by truck trailer or loaded on a ship.

2. Standards.

a. Cargo containers are prohibited in all residential zones, except that temporary containers for the purpose of household moving may be permitted for a period not to exceed 30 days in any 12-month period and temporary cargo containers used at construction sites not to exceed the completion of the construction project.

b. Cargo containers must not be placed on developed streets and alleys.

D. Recreational Vehicles (RV).

1. Definition. A vehicle built on a chassis and propelled by its own engine, or a trailer or “fifth wheel” designed to be towed, and may have cooking, bathing, and toilet facilities to be used as a temporary dwelling for travel and recreational purposes. A pickup truck with a simple canopy or a passenger van must not be considered an RV.

2. Standards.

a. Recreational vehicles up to 32 feet in length may be placed on a single-family residence construction site during actual construction of a single-family residence at that location for a maximum period of one year during construction. Such trailer may be used only as a residence for the owner/builder and must be self-contained or connected to city water and sewer and must meet all other applicable health and safety standards.

b. An RV may not be used as a temporary or permanent place of residence within the city limits of Anacortes, unless:

i. Parked within an RV park.

ii. Specifically authorized by the City Council. If the City Council authorizes such a temporary use, the duration of the authorization must be specified, and the temporary residence must be removed promptly at the end of that time.

iii. A guest(s) of a permanent resident may occupy a recreational vehicle parked on private property for a period not exceeding three weeks in a one-year period for any individual guest, nor nine weeks in a one-year period for all such RV occupancy on a property; the guest RV may be parked in a street setback in a driveway, or in a side or rear setback, for the legal duration of the guest’s stay. An unoccupied recreational vehicle may be parked on private property in a side or rear yard, but not in a street setback (whether or not it is in a driveway), except for the limited guest period defined herein. RVs parked on streets, alleys, or undeveloped street rights-of-way must be subject to the city’s general parking regulations and enforcement. (Ord. 3040 § 2 (Att. A), 2019)

19.49.010 Purpose.

The purpose of this chapter is:

A. To permit nonconforming uses or structures to continue until they are removed, but not to encourage their survival, except as expressly provided in this chapter; and

B. That nonconforming uses or structures may not be used as grounds for adding other structures or uses prohibited elsewhere in the same zone; and

C. That nonconforming uses or structures not be allowed to expand, be altered, or be reconstructed except as otherwise outlined in this chapter. (Ord. 3040 § 2 (Att. A), 2019; Ord. 2992 § 1 (Att. A), 2016)

19.49.020 General rule.

A. Any lot, building, structure, or use of land, legally permitted or established, must be permitted to continue consistent with this chapter. A change in occupancy or ownership does not affect the right to continue such use, building, or structure.

B. Any use for which a conditional use permit has been obtained is not a nonconforming use so long as the requirements of the conditional use permit are met. (Ord. 3040 § 2 (Att. A), 2019; Ord. 2992 § 1 (Att. A), 2016)

19.49.030 Enlargement, alteration, expansion or change of nonconforming uses.

A. Nonconforming Uses.

1. A building containing a nonconforming use may be maintained, repaired, or brought up to more current structural and safety standards.

2. No nonconforming use may be permitted to be enlarged, altered, or expanded. This includes structural alterations not required by law and any enlargement that changes parking requirements.

Exception: A nonconforming use may be extended throughout any part of the building which was designed for the use prior to the adoption date of this chapter.

B. No nonconforming use may be allowed to be reestablished after abandonment. Thereafter, the use of the building, structure or site must be in conformity with the regulations for the zone in which it is located.

C. A nonconforming use may not hereafter be changed to any other nonconforming use, regardless of the conforming or nonconforming status of the building in which it is housed. (Ord. 3040 § 2 (Att. A), 2019; Ord. 2992 § 1 (Att. A), 2016)

19.49.040 Enlargement, alteration, reconstruction of nonconforming buildings and structures.

A. Routine maintenance, cosmetic changes (such as new siding, windows, or roofing), changes to improve energy efficiency, changes to a structure to address unsafe conditions, or upgrading inadequate utilities must not be considered alterations.

B. When a nonconforming building or structure is damaged by fire, natural disaster, or other calamity, and structural repairs are needed to maintain a building or structure in a safe structural condition, the building or structure may be restored or replaced, provided:

1. A complete application for reconstruction or replacement is submitted within one year of the damage; and

2. That the restoration or replacement must be made to conform to the regulations of the zone in which the building or structure is located, or if such regulations cannot physically be met without reducing the size of the building, the restoration may not extend any nonconformity that existed prior to the damage.

C. Additions to nonconforming structures that meet all applicable zoning dimensional standards will not be considered an enlargement under this section.

D. Historic Buildings and Structures. Nothing in this chapter prevents the alteration, addition to, repair, restoration or reconstruction of a building or structure which is either listed on the National Register of Historic Places, the Washington State Register of Historic Places, the Washington State Cultural Resource Inventory, or the Anacortes Register of Historic Places.

1. The alteration, addition, repair, restoration, and reconstruction of all such historic buildings and structures must comply with the life safety provisions of the state building codes, as adopted in AMC Chapter 19.14.

2. Additions or alterations that do not increase the nonconformity or disrupt the eligibility of a building or structure for listing on historic lists or registers may be permitted.

3. Definitions.

a. Addition” means an extension or increase in floor area, number of stories, or height of a building or structure.

b. Alteration” means any construction or renovation to an existing structure.

c. Restoration” means restoring an existing building to an appearance or previous use it once had that may be currently deemed as nonconforming.

d. Reconstruction” means rebuilding an existing building or structure with as nearly the same visual design appearance and materials as is consistent with full compliance with the state building codes adopted by AMC Chapter 19.14, and consistent with any historic preservation provisions adopted by the city. (Ord. 4072 § 2 (Att. A), 2024; Ord. 3040 § 2 (Att. A), 2019; Ord. 2992 § 1 (Att. A), 2016)

19.49.050 Abandonment.

A. For the purposes of this section, abandonment will mean:

1. An intention to abandon; and

2. An overt act, which carries the implication that the owner does not claim or retain any interest in the right to the nonconforming use.

B. Conformance after Abandonment. If any nonconforming use of land, building, or structure ceases for any reason whatsoever for a period of one year or more, any future use of such land, building or structure must thereafter be in conformity in the zone in which it is located. The mere presence of a structure, equipment, or material will not be deemed to constitute a continuance of a nonconforming use unless the structure, equipment, or material is actually being occupied or employed in maintaining such use.

C. Procedure for Verifying Abandonment. When the Department obtains information indicating that a nonconforming use, building or structure has or may have been abandoned, the Department must send a letter by certified mail return receipt requested to the property owner requesting confirmation of either abandonment or nonabandonment. Documentation that the nonconforming use, structure, or building has been occupied, used, or maintained within the last year will be required. After notification, if the owner fails to respond to the request within 60 days, the building, structure, or use will be deemed abandoned. If the owner replies that the building, structure, or use is not abandoned, the Director may initiate a Level 2 review to determine if the abandonment has occurred. (Ord. 3040 § 2 (Att. A), 2019; Ord. 2992 § 1 (Att. A), 2016)