(1) The purpose of this section is to provide parameters for area designations, mapping, and zone classification. The town of La Conner is divided into seven zoning districts or classifications as follows:

(2) All development in all zones shall be subject to the provisions of Division III, Critical Areas and Natural Resource Lands Protection Standards.

(3) Nothing in this code shall be interpreted as prohibiting emergency housing, emergency shelters, transitional housing, or permanent supportive housing in any zone where residential uses are permitted. [Ord. 1222 § 2, 2023; Ord. 1211 § 2(A), 2022; Ord. 1040 § 6, 2010; Ord. 671 § 3.1.A, 1995.]

The purpose of this zone is to provide for and protect areas for a mix of residential structures and uses, to promote economical and efficient use of the land, stable neighborhoods, and safety, efficiency and convenience for the residents of the town. [Ord. 671 § 3.2.A, 1995.]

(1) Residential uses include single-household dwellings, accessory dwelling units, multihousehold dwellings in a variety of housing types, modular and manufactured housing, and adult family homes. Recreational vehicles are not permitted in any zone as a residential use.

(2) Residential structures in the Historic Preservation District are subject to the provisions of Chapters 15.50 and 15.55 LCMC, Historic Preservation. [Ord. 1247 § 2, 2024; Ord. 1211 § 2(A), 2022; Ord. 671 § 3.2.B, 1995.]

The following uses and structures are permitted in an RD Zone by certificate of authorization:

(1) One single-household dwelling unit per lot;

(2) One duplex dwelling per lot;

(3) One multihousehold dwelling per lot;

(4) One townhouse per lot;

(5) One factory-built/manufactured home per lot;

(6) One accessory dwelling unit – See LCMC 15.110.080;

(7) Adult family homes/supported living arrangements;

(8) Accessory uses and structures normally incidental to primary dwelling units – see Chapter 15.110 LCMC;

(9) Rooming houses, boardinghouses;

(10) Transitional housing, permanent supportive housing. [Ord. 1255 § 4, 2025; Ord. 1247 § 2, 2024; Ord. 1191 § 2 (Exh. A), 2020; Ord. 671 § 3.2.C, 1995.]

The following land use developments are allowed in an RD Zone:

(1) Planned unit residential developments;

(2) Residential subdivisions and short subdivisions. [Ord. 671 § 3.2.D, 1995.]

The following uses and structures are permitted in an RD Zone by conditional use permit (Type IV permit):

(1) Pre-school and day care centers, subject to applicable building codes, lot size and coverage standards, parking, loading/unloading and signage requirements, and state (DSHS) licenses and certifications;

(2) Churches; provided, that all structures are set back at least 25 feet on all sides for abutting property lines and abutting residential and public use zones;

(3) Rest/convalescent/nursing homes; provided, that all structures are set back at least 25 feet on all sides from abutting property lines and abutting residential and public use zones;

(4) Private or public lodges, clubs and community organizations;

(5) Antennas plus antenna mounts of more than 20 feet in height, four feet in width and of bulk area more than 16 square feet;

(6) Parks, playgrounds and recreation uses such as tennis courts, athletic fields, pools and restrooms for use of the general public; provided, that subject property is under lease to or otherwise under complete control of the town of La Conner. Conditional use permits will be revoked when not under the control of the town of La Conner;

(7) Along Maple Street only, medical and dental uses; provided, that no medical or dental use may be located within 400 feet of another such use;

(8) Community residential facilities;

(9) Public service facilities. [Ord. 1261 § 2, 2025; Ord. 1247 § 2, 2024; Ord. 1191 § 2 (Exh. A), 2020; Ord. 963 § 10, 2005; Ord. 901 § 3, 2003; Ord. 884 § 1, 2003; Ord. 691 § 1, 1997; Ord. 671 § 3.2.E, 1995.]

The following uses and structures are permitted in the RD Zone with an administrative conditional use permit (Type II permit):

(1) Multi-single-household detached residences;

(2) Multiple multihousehold dwellings, duplexes, or townhomes per lot, subject to all other provisions of this code;

(3) Retirement apartments for senior citizens;

(4) Bed and breakfasts. [Ord. 1255 § 5, 2025; Ord. 1247 § 2, 2024; Ord. 1191 § 2 (Exh. A), 2020; Ord. 963 § 5, 2005; Ord. 901 § 4, 2003.]

(1) Minimum lot size: 4,000 square feet.

(2) Maximum building height: 30 feet above the average lot grade, determined by averaging the lowest and highest existing elevation points on the lot to the highest point on the roof, with a maximum of two stories; except, for structures built within the 100-year floodplain, the height shall be measured from one foot above the base flood elevation to the highest point on the building. Roof access must be approved by the fire chief.

(3) Maximum lot coverage: 60 percent for all buildings and impervious surfacing.

(4) Minimum building setbacks (from property lines) as follows:

Front: 11 feet.

Side: five feet.

Rear: seven feet. When alley access is available rear setback is zero feet.

Agricultural setback: 25 feet.

(5) Corner lots have two front yards and two side yards.

(6) Minimum Lot Access. No building permit shall be issued on any lot or parcel which does not have access by either street, private road, alley, or shared driveway as set forth in Chapter 15.86 LCMC.

(7) Any residential structure located less than 10 feet from any property line shall be equipped with a fire sprinkler system. [Ord. 1247 § 2, 2024; Ord. 1222 § 2, 2023; Ord. 1211 § 2(A), 2022; Ord. 1197 § 2 (Exh. A), 2020; Ord. 1191 § 2 (Exh. A), 2020; Ord. 1077 § 2, 2012; Ord. 1009 § 1, 2008; Ord. 986 § 8, 2007; Ord. 889 § 1, 2003; Ord. 867, 2002; Ord. 842 § 4, 2002; Ord. 695 § 1, 1997; Ord. 671 § 3.2.F, 1995.]

(1) It is the intent of this section to:

(a) Encourage affordable housing in a general residential environment by permitting the use of Class A manufactured homes;

(b) Assure compatibility in exterior appearance between such manufactured homes and dwellings that have been or might be constructed under these and other lawful regulations on adjacent lots in the same district;

(c) Provide for compliance with energy standards, fire safety standards, and uniform construction standards;

(d) Protect the character and diversity of neighborhoods by avoiding concentration of manufactured homes (except within an approved PURD for manufactured homes).

(2) The following specific standards shall be required to ensure that the intent of this section is satisfied:

(a) The unit must be a factory-built structure designed and constructed to meet Labor and Industry standards.

(b) Installation and foundation must comply with either ANSI standards and/or manufacturer’s requirements.

(c) No manufactured unit shall have windows or doors or other features, or use color combinations that would be incompatible with site built housing in residential neighborhoods.

(d) The minimum width of the main body of the manufactured home shall not be less than 24 feet. This minimum width standard shall not apply to tiny homes, as defined in LCMC 15.20.100.

(e) The minimum pitch of the main roof shall not be less than one foot of rise for each four feet of horizontal run. Minimum distance from eaves to ridge shall be 10-1/2 feet. Roofing materials shall be nonreflective and of the same type used for site built units.

(f) The exterior finish shall be similar to that of site built housing. Reflection from such exterior material shall not be greater than from siding coated with white gloss exterior enamel.

(g) Permanent steps shall be installed at all exits.

(h) All manufactured units installed in the floodplain shall meet the requirements of Chapter 15.70 LCMC, Floodplain Management. [Ord. 1222 § 2, 2023; Ord. 963 § 6, 2005; Ord. 671 § 3.2.G, 1995.]

All adult family homes and other housing for people with functional disabilities shall provide state regulated wheel chair access. [Ord. 671 § 3.2.H, 1995.]

(1) Minimum lot size – Two units or more – 4,000 square feet for the first two units; and 2,000 square feet for each additional unit.

(2) Minimum lot width – 100 feet at the building line.

(3) Maximum lot coverage – 70 percent for all buildings and impervious surfacing.

(4) Maximum building height – 30 feet above the average lot grade determined by averaging the lowest and highest existing elevation points on the lot to the highest point on the roof with a maximum of two stories; except, for structures built within the 100-year floodplain, the height shall be measured from one foot above the base flood elevation to the highest point on the building. Roof access must be approved by the fire chief.

(5) Repealed by Ord. 1197.

(6) Minimum building setbacks:

(7) All dwelling units in multihousehold structures shall be equipped with a fire sprinkler system. [Ord. 1255 § 6, 2025; Ord. 1247 § 2, 2024; Ord. 1211 § 2(A), 2022; Ord. 1197 § 2 (Exh. A), 2021; Ord. 1077 § 3, 2012; Ord. 986 § 8, 2007; Ord. 938 § 2, 2004; Ord. 889 § 1, 2003; Ord. 671 § 3.2.I, 1995.]

These standards shall apply to the construction of single-household homes of 400 square feet or less:

(1) Minimum lot size and maximum density requirements do not apply; provided, that not more than 70 percent of the development is covered with impervious surface. Tiny homes may be attached in groups no larger than four tiny homes. Attached tiny homes must be sprinklered and may have other fire provisions as decided by the fire chief.

(2) Parking. A minimum of one off-street parking space shall be provided per dwelling unit.

(3) All tiny homes shall be placed on permanent foundations. [Ord. 1247 § 2, 2024; Ord. 1222 § 2, 2023.]

Each new dwelling unit within the residential zone must have a separate water meter installed, unless one of the below exceptions applies.

(1) The dwelling units are in a multihousehold structure with one owner. If any of the dwelling units are sold individually, a water meter must be installed in the unit sold individually, prior to the sale closing.

(2) The dwelling unit is an accessory dwelling unit. If the accessory dwelling unit is sold separately from the main dwelling unit, a separate water meter must be installed prior to the sale closing.

(3) The dwelling unit is part of a condo development with an HOA that pays the water bills of the condo development. If the dwelling unit is ever removed from the condo development or HOA coverage, a separate water meter must be installed. [Ord. 1255 § 7, 2025.]

The purpose of a planned unit residential development is to:

(1) Allow a more flexible plan of development than the traditional one-house-one-lot development;

(2) Promote more economical and efficient use of the land, provide a harmonious variety of housing choices and plot plans, and preserve open spaces;

(3) Encourage the development of affordable housing styles for individuals and families whose household income is classified as low, very low, or extremely low income, such as tiny home developments. [Ord. 1247 § 2, 2024; Ord. 1222 § 2, 2023; Ord. 671 § 3.3.A, 1995.]

(1) Purchasers and renters of affordable homes constructed under this chapter shall meet the following requirements:

(a) Annual Income. All purchasers and/or renters shall be from a household whose annual income, at the household’s initial occupancy of the residence, is low income or less (as defined under subsection (2)(c) of this section), as adjusted by family size, for Skagit County, Washington, based on the most recent census data or other verifiable source as determined by the town.

(b) Housing Expenses. The monthly expenditure by a purchaser or renter for housing including mortgage payment or rent, insurance, and taxes does not exceed 38 percent of the gross household income at the time of purchase and the amount for monthly mortgage and utilities (water and sewer) payment does not exceed 30 percent of gross household income. All other variable living expenses associated with the resident’s occupancy shall not be a factor in the calculation of affordability.

(c) Affordable Housing. Federal guidelines define affordable housing as decent, quality housing that does not exceed 30 percent of a household’s gross monthly income for rent or mortgage and utility payments.

(2) Classification of Income Groups. Income groups shall be classified as follows:

(a) “Extremely low-income household” means a single person, household, or unrelated persons living together whose adjusted income is at or below 30 percent of the median household income.

(b) “Very low-income household” means a single person, household, or unrelated persons living together whose adjusted income is at or below 50 percent of the median household income.

(c) “Low-income household” means a single person, household, or unrelated persons living together whose adjusted income is at or below 80 percent of the median household income.

(d) “Moderate-income household” means a single person, household, or unrelated persons living together whose adjusted income is at or below 120 percent of the median household income.

(e) “Median household income” means the amount calculated and published by the HUD each year for the Skagit County statistical area as the median household or family income, adjusted by HUD for household size. [Ord. 1247 § 2, 2024.]

A PURD may be located only in a residential zone outside of the historic preservation district, and on a parcel of 16,000 square feet or more. [Ord. 1247 § 2, 2024; Ord. 1222 § 2, 2023; Ord. 671 § 3.3.B, 1995.]

All permitted uses shall conform with a specific final development plan as specified in this section. The following uses are permitted:

(1) Residential units, either single-household detached or multiple attached units or a combination of detached single-household or multihousehold units, including tiny homes;

(2) All accessory uses as permitted in a residential zone;

(3) Recreational facilities, tennis courts, playgrounds, and community halls;

(4) Conditional uses permitted in a residential zone. [Ord. 1247 § 2, 2024; Ord. 1222 § 2, 2023; Ord. 671 § 3.3.C, 1995.]

Planned unit residential development projects may be initiated by:

(1) The owner of all the property involved, if under one ownership; or

(2) An application filed jointly by all owners having title to all the property in the area proposed for the planned unit residential development project if there is more than one owner; or

(3) A governmental agency; or

(4) A person having an interest in the property to be included in the planned unit residential development. The PURD applications shall be in the name or names of the recorded owner(s) of the property included in the development. However, the application may be filed by holder(s) of an equitable interest in or having an option on such property. The applicant must provide evidence of full ownership interest in the land (either legal title or the execution of a binding sales agreement) before any building permit is issued. [Ord. 1247 § 2, 2024; Ord. 671 § 3.3.D, 1995.]

(1) Developers of planned unit residential development projects shall plan developments in a manner that will provide direct access to major collector streets where feasible, without creating additional traffic along minor streets in surrounding residential neighborhoods.

(2) Planned unit developments shall be designed in a manner that will not overtax existing sanitary sewers, water lines, storm water and surface drainage systems, and other utility systems resulting in higher net public costs, unless compensation or equivalent services are provided. [Ord. 1247 § 2, 2024; Ord. 671 § 3.3.E, 1995.]

A PURD application may be submitted as a subdivision or short subdivision per Chapter 15.30 LCMC, or as a binding site plan (Chapter 15.55 LCMC). [Ord. 1247 § 2, 2024; Ord. 671 § 3.3.F, 1995.]

Before filing any application for a planned unit residential development, it is recommended that the applicant submit preliminary plans to the planning department for review. [Ord. 1247 § 2, 2024; Ord. 671 § 3.3.G, 1995.]

(1) Following the preapplication conference, the applicant shall submit a formal application for review. The development plan shall include the following documents:

(a) Application form indicating:

(i) Existing zoning;

(ii) Total site area;

(iii) Area of bodies of water, if any;

(iv) Gross area of site: subsection (1)(a)(ii) of this section minus subsection (1)(a)(iii) of this section;

(v) Total number of dwelling units;

(vi) Density: subsection (1)(a)(v) of this section divided by (1)(a)(iv) of this section;

(vii) Usable open space (percent of subsection (1)(a)(ii) of this section);

(viii) Common open space (percent of subsection (1)(a)(vii) of this section); and

(ix) Location of parking areas, which shall include not less than one off-street parking space for each dwelling unit.

(b) Legal description of site and statement of present ownership;

(c) Description of the natural setting, including slope, topography, soil type, significant land forms, bodies of water, trees and other vegetation, scenic assets and surrounding buildings. Areas requiring substantial recontouring or grading shall be described;

(d) Development schedule including estimated dates of start, completion and phasing;

(e) Intent as to final ownership, including plans for rental, sale or combination. If the proposed use is housing for households whose income is classified as low, very low, or extremely low-income, there must be provisions to ensure that those dwelling units will remain available for low, very low, or extremely low-income individuals and households for not less than 50 years.

(f) Guarantee of Affordability. Applicants that have been conditionally granted an affordable housing density bonus and/or incentive(s) shall establish controls, subject to approval by the town attorney, to ensure that the project’s single-household or multihousehold residences remain affordable for a minimum of 50 years in accordance with the definition of affordable housing in LCMC 15.25.015. All such controls shall be recorded in the title records of Skagit County. The controls may take various forms including:

(i) Continued ownership of the land by the project applicant with the occupants of the single-household or multihousehold residences leasing the land back from the project applicant;

(ii) A deed/subsidy covenant, purchase/sale agreements, or other similar mechanisms which require that the residences be sold only to qualified purchasers who meet the requirements of LCMC 15.25.015;

(iii) A requirement that the project applicant can only transfer the land to another entity that meets the requirements of this section; and/or

(iv) Other methods approved by the town attorney to ensure that the project’s single- household or multihousehold residences remain permanently affordable in accordance with the definition of affordable housing.

(g) Site development map(s) depicting:

(i) Topographic lines at five-foot intervals;

(ii) Water bodies and critical areas;

(iii) Natural features including major land forms, rock outcroppings and flood hazard area;

(iv) Areas of significant tree cover and how they are affected by the plan;

(v) Property lines; easements;

(vi) Existing and proposed street names;

(vii) Configuration and function of all buildings, noting proposed heights of each and distance between property line and nearest building;

(viii) Vehicular circulation, parking area, loading areas and storage areas (indicate number of parking spaces for use);

(ix) Pedestrian circulation;

(x) Areas of private open space;

(xi) Recreational facilities, if any;

(xii) A landscaping plan showing areas of tree removal, retention or addition plus the location, type and size of existing or new plant materials, street furniture and other physical features, including transformers, hydrants, walls and fences, trash storage area, and retaining walls, location, type and height of proposed street and walkway lighting, location and design of signs to be included;

(xiii) Areas requiring substantial grading or recontouring;

(xiv) Graphic scale with north arrow, date and title;

(xv) A legible sketch of the vicinity within 500 feet of the proposed development showing significant features of the land including buildings and zoning designations;

(h) If the proposed site is within shoreline management jurisdiction, an application for shoreline substantial development permit along with any other permits required, such as a floodplain permit or other local, state, or federal permits, shall be filed;

(i) A description of the types of dwelling units and number of bedrooms in each;

(j) A description of programs for ensuring continued maintenance of common elements of the development;

(k) Architectural plans depicting general typical floor plans with dimensions, elevations or renderings sufficient to indicate the basic architectural character of the development;

(l) An environmental checklist;

(m) Any additional information required by staff and the planning commission as necessary to evaluate the character and impact of the proposed PURD.

(2) The planning director shall make recommendations to the hearing examiner to determine if the proposal meets the requirements and conforms to the intent of this code and the comprehensive plan. The town’s SEPA official shall review the environmental checklist and issue a determination of environmental impact incurred as a result of the proposal. Following a public hearing, the hearing examiner will make a final determination regarding the development proposal. If the proposal is submitted as a subdivision, the hearing examiner will make a recommendation for final action to the town council, per LCMC 15.12.120. If the proposal is submitted as a binding site plan, the decision of the hearing examiner will be final, subject to appeal to Skagit County superior court.

(3) If the proposal is adjacent to unincorporated areas of Skagit County, notice of the application shall be given to the Skagit County department of planning and economic development.

(4) If an environmental impact statement (EIS) is required, the final EIS shall be available for at least 10 days before the hearing on the proposal.

(5) Notice of Public Hearing.

(a) Notice shall be given by publication of at least one notice not less than 10 days prior to the hearing in a newspaper of general circulation within the town.

(b) Notices of the hearing shall be mailed to all property owners within 300 feet of the proposed development. Addresses for mail notices shall be obtained by the staff.

(c) Additional notice of such hearing may be required by local authorities to notify adjacent property owners and the public, i.e., posting on the property.

(6) The hearing examiner shall examine the proposal at the public hearing and consider the proposed development plan, information presented by the applicant, any technical planning assistance, and the public.

(7) The hearing examiner may approve, disapprove, or impose changes or conditions of approval within 30 days from the date of the hearing unless the applicant consents to an extension of such time period.

(8) A copy of the hearing examiner’s action or written recommendations shall be forwarded to the applicant and, if the proposal is submitted as a subdivision, to the town council. The town council shall consider the recommendation at its next regularly scheduled meeting and shall, by resolution, approve or disapprove the development plan. [Ord. 1247 § 2, 2024; Ord. 842 § 9, 2002; Ord. 671 § 3.3.H, 1995.]

Repealed by Ord. 1247. [Ord. 842 § 16, 2002; Ord. 671 § 3.3.I, 1995.]

(1) Any changes in the development plan, after approval through the above procedures, shall be reviewed by the staff to determine if a new plan should be submitted.

(2) Changes in the development plan may be administratively approved; provided, that such changes do not:

(a) Change the use or character of the development;

(b) Increase overall coverage of structures;

(c) Increase density;

(d) Reduce the amount of open spaces;

(e) Change the general location or amount of land devoted to specific uses.

(3) Changes may include minor shifting of the location of buildings, utility easements, common open spaces, or other similar features of the plan. [Ord. 1247 § 2, 2024; Ord. 671 § 3.3.J, 1995.]

(1) If no construction has begun within six months of final approval of the PURD, the approval shall expire. The planning commission may extend approval for an additional six-month period if an application for extension is received before the authorization expires. If no construction has begun at the end of this extension, the final development plan shall become null and void, and a new one shall be required for any development on subject property.

(2) Upon the abandonment of a particular project authorized under this chapter or upon the expiration of two years from the final approval of a PURD which has not by then been completed or commenced with an extension of time for completion granted, the authorization shall expire and the land and the structures thereon may be used only for a lawful purpose permissible within the zone in which the PURD is located. [Ord. 1247 § 2, 2024; Ord. 671 § 3.3.K, 1995.]

(1) Open space is an identifiable greenbelt area which is accessible and available to all occupants of dwelling units for whose use the space is intended. This includes private as well as common open space.

(2) Open space does not include:

(a) An area of the site covered by buildings, roads, parking structures or accessory structures;

(b) Proposed street rights-of-way;

(c) Open parking areas and driveways for dwellings;

(d) School sites;

(e) Commercial areas;

(3) Land totally unsuited for building because of topographic features may be counted as open space.

(4) The total area of the development, minus undevelopable area and bodies of water, is the gross site area.

(5) Required usable open space in a PURD is a minimum of 50 percent of the gross site area, to include private yards.

(6) Required common open space is an identifiable greenbelt area and is a minimum of 50 percent of the usable open space. Common open space are lands used for scenic, recreational or landscaping purposes within the development and for the use of all residents of the PURD, and may include common uses such as laundry facilities or multipurpose buildings.

(7) Adequate guarantee must be provided to ensure permanent retention of “common open space” land area resulting from the application of these regulations, either by private reservation or protective covenants, for the use of residents within the development or by dedication to the public or a combination. [Ord. 1247 § 2, 2024; Ord. 671 § 3.3.L, 1995.]

(1) The number of dwelling units that may be constructed in a PURD shall be based upon one dwelling unit for each 4,000 square feet of gross site area. This density restriction shall not apply to tiny home developments. If the proposed development is designed to accommodate housing for low, very low, or extremely low-income housing families or individuals, density shall be limited only by the availability of land within the development, taking into account the required open space and limitations based on setback requirements and height limitations.

(2) For development proposals that do not include provisions for low, very low, or extremely low-income individuals or households, the hearing examiner may approve development up to 40 percent higher density, based on site plan review and the guidelines listed below which are to be treated as additives:

(a) Open Space. A density bonus of up to 20 percent is allowed for providing up to 20 percent of gross site area as common open space (in addition to the common open space required in LCMC 15.25.120(5)) on an equivalent basis.

(b) A density bonus of up to 10 percent is allowed for landscaping, recreation facilities or improvements suitable to the site that enhance the quality of the development and benefit the residents of the PURD and the town of La Conner. [Ord. 1247 § 2, 2024; Ord. 1222 § 2, 2023; Ord. 671 § 3.3.M, 1995.]

(1) Individual multihousehold dwelling buildings must meet setbacks and height limits required in the zone in which it is located with respect to the outside perimeter of the PURD.

(2) Individual single-household residences must meet setbacks and height limits required in the zone in which it is located with respect to their respective lot lines.

(3) The minimum distance between buildings within a PURD shall be 10 feet.

(4) Setbacks of buildings from the perimeter of a PURD shall be compatible with the zone in which it is located, unless extenuating circumstances show a need for increasing perimeter setbacks. [Ord. 1247 § 2, 2024; Ord. 671 § 3.3.N, 1995.]

(1) A filing fee set by resolution of the town council shall be paid to the town clerk at the time of application.

(2) If the PURD is filed at the same time as a preliminary plat for the same tract, to be processed simultaneously in accordance with a subdivision or short subdivision application, the fee shall be one and one-half times the fee for the subdivision application.

(3) If the PURD proposes to provide low, very low, or extremely low-income housing, impact fees shall be waived. However, all fees for utilities and other improvements shall still apply. [Ord. 1247 § 2, 2024; Ord. 671 § 3.3.O, 1995.]

The purpose of this section is to regulate the subdivision of land to prevent overcrowding; and to promote the public health, safety and general welfare, effective use of land, safe and convenient travel by the public on streets and highways; lessen congestion in the streets; facilitate adequate provisions for water, sewage, parks and recreation areas, fire protection, schools, and other public requirements; provide adequate light and air, proper ingress and egress, and housing needs; provide for expeditious review and approval of proposed subdivisions which conform to zoning standards, the comprehensive plan, and other applicable plans and policies; and to require uniform monumenting of land subdivisions and conveyancing by accurate legal description. [Ord. 671 § 3.4.A, 1995.]

These regulations are established pursuant to the provisions of RCW Title 58, Boundaries and Plats, and shall not preclude full compliance thereto. [Ord. 671 § 3.4.B, 1995.]

(1) Every subdivision shall comply with the provisions of this chapter. A subdivision is the division or redivision of land into five or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership. A short subdivision is the division or redivision of land into four or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership.

(2) Provisions of this chapter shall not apply to:

(a) Cemeteries and other burial plots while used for that purpose;

(b) Divisions made by testamentary provisions, or the laws of descent;

(c) A division for the purpose of leasing space for a mobile home or travel trailer within a mobile home park and in accordance with an approved site plan therefor;

(d) A division made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site or division nor create any lot, tract, parcel, site, or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site;

(e) A division of land under threat of eminent domain or sale by an agency or division of government vested with the power of condemnation. [Ord. 671 § 3.4.C, 1995.]

(1) A proposed subdivision or short subdivision of land shall be considered under the zoning or other land use control ordinances in effect on the land at the time a fully completed application for preliminary plat approval of the subdivision, or short plat approval of the short subdivision, has been submitted to the town.

(2) Land in short subdivisions may not be further divided in any manner within a period of five years without the filing of a final plat, except that when the short plat contains fewer than four parcels, nothing in this chapter shall prevent the owner who filed the short plat from filing an alteration within the five-year period to create up to a total of four lots within the original short plat boundaries.

(3) A subdivision or short subdivision must meet all the requirements of this chapter before approval is granted. [Ord. 671 § 3.4.D, 1995.]

(1) Any person wishing to divide land under the provisions of this code shall submit an application, on a form provided by the town, to the town planner together with a fee set by the town council, a preliminary plat, and information including, but not limited to, the following:

(a) A survey map of reproducible material, at least 18-inch by 24-inch in size with two-inch margins, signed by a registered land surveyor and eight copies containing:

(i) Name, address, and telephone number of property owner of record or certified designated agent, the developer and the land surveyor and/or registered engineer preparing the plat map;

(ii) Legal description of the property;

(iii) Existing zoning classification;

(iv) Date, scale of not less than 100 feet to the inch, and north arrow;

(v) Benchmarks and ground elevation at mean sea level when all or a portion of the plat is located in the floodplain and land contours with intervals of five feet;

(vi) Boundary lines of entire tract to be platted, individual lots and easements with approximate acreage and square footage of the whole tract and portion to be platted;

(vii) Number and dimensions of lots, building setback lines, and density;

(viii) Location, name and width of any existing easement, street and right-of-way within the subdivision/short subdivision and 200 feet thereof, grades, profiles and cross-sections of proposed streets, vehicular and pedestrian circulation patterns;

(ix) Location of fire hydrants within 1,000 feet of the lot;

(x) Location of any existing structures;

(xi) Availability and location of utilities including water, sewer, and storm water drainage;

(xii) Parcels of land intended to be dedicated or temporarily reserved for public use or to be reserved in the deeds for the common use of property owners of the subdivision or short subdivision or dedication, or for open space;

(xiii) Location in respect to shorelines of La Conner;

(xiv) Acknowledged signatures of property owners and notary public stamp;

(xv) Signature block for approval of public works director, town planner, and/or town council.

(b) Evidence of title.

(c) If lots are to be served by a private street, copies of applicable covenants or documents with provisions covering, but not limited to, ingress, egress, utility easements, and maintenance shall be furnished to the town and recorded to or simultaneously with the subdivision or short subdivision.

(d) Unless an applicant for preliminary plat approval requests otherwise, the preliminary plat shall be processed simultaneously with applications for rezones, variances, planned unit developments, site plan approvals, shoreline substantial development, and similar quasi-judicial or administrative actions to the extent that procedural requirements applicable to these actions permit simultaneous processing.

(e) Development schedule.

(2) The planning director shall affix a file number to the preliminary plat and the date it is received. [Ord. 1191 § 2 (Exh. A), 2020; Ord. 963 § 7, 2005; Ord. 671 § 3.4.E, 1995.]

(1) Notice of the filing of a preliminary plat or a proposed subdivision adjacent to or within one mile of the town boundaries abutting land under the jurisdiction of Skagit County shall be given to county officials by the planning director.

(2) Notice of Public Hearing. Upon receipt of an application for preliminary plat approval, the planning director shall set a date for a public hearing as follows:

(a) Notice shall be published at least once not less than 10 days prior to the hearing in a newspaper of general circulation within the county and the town.

(b) Special notice shall be given to adjacent landowners, as shown on the records of the Skagit County assessor’s office or obtained from a title company doing business in Skagit County, located within 300 feet of any portion of the boundary of the proposed short subdivision.

(c) All public hearing notices shall include a description of the location of the proposed subdivision or short subdivision, either by legal description, identification of an address, written description, vicinity sketch, or other reasonable means. [Ord. 1211 § 2(A), 2022; Ord. 963 § 7, 2005; Ord. 842 § 6, 2002; Ord. 671 § 3.4.F, 1995.]

(1) The hearing examiner (subdivision) shall:

(a) Hold a public hearing on a preliminary plat for a subdivision;

(b) Approve or disapprove a preliminary plat for a subdivision;

(2) The town council (subdivision) shall:

(a) The sole authority to approve final plats and to adopt or amend platting ordinances shall reside in the town council.

(3) The planning director (short plat) shall:

(a) Post notice of short plat on the property.

(b) Mail the notice of application to all owners of property within 300 feet of proposed short plat.

(c) Approve or disapprove preliminary plat proposal.

(d) Approve final short plat. [Ord. 963 § 7, 2005; Ord. 898 § 8, 2003; Ord. 671 § 3.4.G, 1995.]

(1) The planning director shall make written findings to determine if appropriate provisions are made for, but not limited to, the following:

(a) The public health, safety, and general welfare;

(b) Open space;

(c) Drainage ways;

(d) Streets or roads, alleys or other public ways;

(e) Transit stops;

(f) Potable water supplies;

(g) Sanitary wastes;

(h) Parks, playgrounds and recreation;

(i) Schools and schoolgrounds;

(j) All other relevant facts, including sidewalks and other planning features that assure safe walking conditions;

(k) Whether the public interest will be served by the proposed subdivision and dedication;

(l) Compliance with the town of La Conner comprehensive plan, shoreline management plan, and this code.

(2) A proposed subdivision shall not be approved unless the town makes written findings that all the provisions in subsection (1) of this section for a subdivision or short subdivision have been met.

(a) No dedication, provision of public improvements, or impact fees shall be allowed that constitutes an unconstitutional taking of private property.

(b) Construction of protective improvements may be required as a condition of approval if the subdivision or short subdivision is located within a floodplain, and such improvements shall be noted on the final plat.

(c) No plat shall be approved covering any land in a flood control zone per Chapter 86.16 RCW without prior written approval of the Washington State Department of Ecology. [Ord. 671 § 3.4.H, 1995.]

(1) Preliminary plats shall be approved, disapproved, or returned to the applicant for modification or correction within 90 days from date of filing thereof unless the applicant consents to an extension of such time period or the 90-day limitation is extended to include up to 21 days.

(2) If an environmental impact statement (EIS) is required under the State Environmental Policy Act (SEPA), the 90-day period shall not include the time spent preparing and circulating the EIS. Final plats and short plats shall be approved or disapproved, or returned to the applicant within 30 days from the date of filing thereof, unless the applicant consents to an extension of such time period.

(3) A final plat or short plat meeting all requirements of this chapter shall be submitted to the planning director and/or town council within three years of the date of preliminary plat approval. [Ord. 963 § 7, 2005; Ord. 671 § 3.4.I, 1995.]

(1) Each preliminary plat submitted for final approval by the town council shall be accompanied by recommendation for approval or disapproval from the following:

(a) Hearing examiner;

(b) Town planner;

(c) Public works director.

(2) The terms of the recommendations shall not be modified without the consent of the applicant. [Ord. 1191 § 2 (Exh. A), 2020; Ord. 671 § 3.4.J, 1995.]

Each and every plat, or replat, of any property filed for record shall:

(1) Contain a statement of approval from the town engineer or a licensed engineer acting on behalf of the town, as to the layout of streets, alleys and other rights-of-way, sewage and water systems, and other structures. No engineer who is connected in any way with the subdividing and platting of the land for which subdivision or short subdivision approval is sought, shall examine and approve such plats on behalf of the town.

(2) Be accompanied by a complete survey of the section in which the plat or replat is located made to surveying standards adopted by the division of engineering services of the state of Washington Department of Natural Resources pursuant to RCW 58.24.040.

(3) Be acknowledged by the person filing the plat before the Skagit County auditor, or any other officer who is authorized by law to take acknowledgment of deeds, and a certificate of the acknowledgment shall be enclosed or annexed to such plat and recorded therewith.

(4) Contain a certification from the proper officer or officers in charge of tax collections that all taxes and delinquent assessments for which the property may be liable as of the date of certification have been duly paid, satisfied or discharged. [Ord. 671 § 3.4.K, 1995.]

Every final plat or short plat of a subdivision or short division filed for record must contain:

(1) A full and correct description of the lands divided as they appear on the plat or short plat, including a statement that the subdivision or short subdivision has been made with the free consent and in accordance with the desires of the owner(s).

(2) If the plat or short plat is subject to a dedication, the certificate of a separate written instrument shall contain the dedication of all streets and other areas to the public, and individual(s), religious society(s), or to any corporation, public or private as shown on the plat or short plat and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of the road. The certificate or instrument of dedication shall be signed and acknowledged before a notary public by all parties having any ownership interest in the lands subdivided and recorded as part of the final plat.

(3) Every plat and short plat containing a dedication filed for record must be accompanied by a title report confirming that the title of the lands as described and shown on the plat is in the name of the owners signing the certificate or instrument of dedication.

(4) An offer of dedication may include a waiver of right of direct access to any street from any property, and if the dedication is accepted, any such waiver is effective. Such waiver may be required by the town as a condition of approval. Roads not dedicated to the public must be clearly marked on the face of the plat. [Ord. 671 § 3.4.L, 1995.]

(1) Upon approval of the subdivision or short subdivision, the approving authority shall inscribe and execute its written approval on the face of the plat. For short subdivisions, final approval shall be evidenced by signature of the town planner and public works director. For subdivisions, signature authority shall be the mayor.

(2) The original final plat/short plat shall be filed for record with the Skagit County auditor and a copy filed with the county assessor.

(3) At least one reproducible copy of the plat/short plat shall be submitted to the town for record. Additional copies shall be furnished to the town as required. [Ord. 1191 § 2 (Exh. A), 2020; Ord. 671 § 3.4.M, 1995.]

(1) Any lots in a final plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of five years from the date of filing.

(2) A subdivision shall be governed by the terms of approval of the final plat, and the laws in effect at the time of approval under RCW 58.17.150(1) and (3) for a period of five years after final plat approval unless the town council finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. [Ord. 671 § 3.4.N, 1995.]

(1) Any decision approving or disapproving any plat shall be reviewable for unlawful, arbitrary, capricious or corrupt action or nonaction by writ of review before the Skagit County superior court. Standing to bring the action is limited to the following parties:

(a) The applicant or owner of the property on which the subdivision is proposed;

(b) Any property owner entitled to special notice;

(c) Any property owner who deems himself aggrieved thereby and who will suffer direct and substantial impacts from the proposed subdivision.

(2) Application for a writ of review shall be made to superior court within 30 days from any decision to be reviewed. The cost of transcription of all records ordered certified by the court for such review shall be borne by the appellant. [Ord. 671 § 3.4.O, 1995.]

Article II. Design Standards

(1) If the preliminary plat is approved, the developer, before requesting final approval, shall carry out minimum improvements in accordance with this code by actual installation to the satisfaction of existing town standards (American Public Works Manual).

(2) Plans for improvements shall be prepared by a qualified engineer, registered in the state of Washington. Two sets of prints of the proposed plans and specifications for all improvements shall be filed with the public works director. One set of “as-built” plans and specifications, certified and signed by an engineer registered in the state of Washington, shall be filed with the public works director prior to acceptance by the town council of any improvement installed by the developer.

(3) In lieu of the completion of the improvements required, the developer may furnish the town a surety bond or a certificate of deposit to ensure the actual construction of the improvements according to town standards. The bond shall be in the amount of 120 percent of the estimated cost of the improvements, to cover inflation. The amount and time limitation of the bond shall be determined by the public works director and/or town planner, subject to approval by the town council.

(4) No building shall be permitted on any lot or in any area of a subdivision if the proposed construction would require extension or enlargement of existing sanitary sewer systems, water lines, storm and surface drainage systems and other utility systems, resulting in higher net public costs, unless compensation or equivalent services are provided. [Ord. 1191 § 2 (Exh. A), 2020; Ord. 671 § 3.4.P.1, 1995.]

At least one four-inch by four-inch by 24-inch concrete monument, capped with a noncorrosive metal plate, shall be set at an exterior angle point of each subdivision. Iron pipes not less than three-quarters inch in diameter and 24 inches long shall be set at all lot corners and on asphalt roads. [Ord. 671 § 3.4.P.2, 1995.]

The design and construction of drainage facilities shall be such that watercourses traversing the subdivision and water emanating from within the subdivision will be carried through and off the subdivision without any injury to improvements, residential sites or adjacent properties. Design of drainage facilities within the subdivision shall be such that they will conform to the ultimate drainage plan for areas within the town of La Conner. [Ord. 671 § 3.4.P.3, 1995.]

(1) The subdivider shall lay out, grade, and construct all streets designated on the approved plat that serve the subdivision.

(2) All roads constructed, whether dedicated public roads or corporate roads, shall be in strict compliance with American Public Works Manual Road Standards, and comply with Chapter 15.86 LCMC, Street Development Standards.

(3) Paved pedestrian walkways shall be provided on at least one side of all streets serving residential lots. Walkways may be sidewalks with curbs constructed in accordance with American Public Works Manual Standards, or extension of street paving at least four feet past the required street width, designated as a pedestrian area.

(4) Streets shall be wide enough to accommodate parallel parking on at least one side.

(5) Street lights shall be installed to provide adequate illumination of streets. [Ord. 963 § 7, 2005; Ord. 671 § 3.4.P.4, 1995.]

The developer shall install water lines and fire hydrants. Installation shall be in accordance with town standards. [Ord. 671 § 3.4.P.5, 1995.]

All subdivisions shall be connected to the sanitary sewer of the town of La Conner. Installation of sewer lines within the subdivision is the responsibility of the developer. [Ord. 671 § 3.4.P.6, 1995.]

All utilities shall be installed underground wherever possible, except where existing poles come to the property edge. [Ord. 671 § 3.4.P.7, 1995.]

All corporate roads, easements, community utilities and properties shall be maintained by the owners of the property served by them and kept in good repair. It must be demonstrated to the satisfaction of the public works director, town planner, and the town council prior to the recording of final plat that:

(1) There is a workable organization to guarantee maintenance with a committee or group to administer the organizational functions.

(2) There is a means for assessing maintenance costs equitable to property owners served by the private facilities.

(3) Corporate roads shall be labeled on the face of the final plat as a “corporate road” and designated as tract “A.” Under the dedication section of the final plat, it shall be shown that tract “A” is to be held in individual ownership by the owners of the lots served by the corporate road.

(4) Roads to be retained under corporate control shall show the following construction and maintenance obligations clause under the dedication section of the final plat:

The cost of construction and maintaining all roads not herein dedicated as “town roads” and all access roads to the plat, unless the same are dedicated as “town roads,” shall be the obligation of all of the owners of the lots in the plat and/or of any additional plats that may be served by said roads, streets, and/or alleys, and that obligation to maintain shall be concurrently the obligation of any corporation in whom title of said roads, streets and/or alleys beheld. In the event that the owners of any of these lots or the corporate owners of any of the roads, streets and/or alleys of this plat or any additional plats served by these roads, streets, and/or alleys shall petition the town council to include these roads, streets, and/or alleys in the road system, said petitioner shall be obligated to bring the same to the town standards in all respects prior to acceptance by the town.

(5) In no case shall the town accept a dedication or any obligation as to any such road, street and/or alley until the same and all roads, streets, and/or alleys connecting the same to the town road system have been brought to town road standards.

(6) If permission is obtained for the use of corporate roads or easements by means of approval of the town council, each lot shall have an equal and undivided interest in such road or easements.

(7) Where a new road connects to an existing concrete or blacktop or similarly surfaced road, the new road shall have surfacing similar to that on the existing road from the intersection of the old road surface to the right-of-way line of the existing road. The new surfacing shall be on a transition grade, approved by the public works director. [Ord. 1191 § 2 (Exh. A), 2020; Ord. 671 § 3.4.P.8, 1995.]

(1) Unsuitable Land. Land which the planning director or hearing examiner finds to be unsuitable for building purposes due to flooding, bad drainage, steep slopes, rock formations, or other features likely to be detrimental to the public health, safety and welfare of the future residents shall not be subdivided unless adequate safeguards are formulated by the developer and approved by the planning director or hearing examiner.

(2) Setback Lines.

(a) Setback lines may be required to be shown on plats for lots with unique physical and cultural characteristics or to reflect existing uses.

(b) Setback lines shall be provided for all residential structures and shall be indicated by a dashed line on all plats (typical insert).

(c) Unless otherwise approved by the hearing examiner or town council, setback lines shall conform to those required in the residential zone. [Ord. 1199 § 2, 2021; Ord. 963 § 7, 2005; Ord. 898 § 8, 2003; Ord. 671 § 3.4.P.9, 1995.]

(1) Any land owner or agent of the owner of land located in a subdivision or short subdivision who transfers or sells or agrees to sell or option any land by reference to or exhibition of or by any other use of a plat or map of a subdivision, before it has been approved and filed shall forfeit and pay a penalty of $1,000 for each lot or parcel so transferred, or sold or agreed or optioned to be sold. The description of the lot by metes and bounds in the instrument of transfer, agreeing or optioning, shall not exempt the transaction from the penalty, or from the remedies herein provided. The town authority may enjoin the transfer, sale agreement, or option by action in superior court or may recover the penalty in a civil action.

(2) Any person(s) who violates this section of the code shall be guilty of a gross misdemeanor and shall be subject to a fine of up to $500.00, and the town may pursue injunctive relief against violations and tax the cost of such action against the violator. [Ord. 671 § 3.4.Q, 1995.]

The purpose of the Commercial Zoning District is to allow for a variety of commercial activities and facilities necessary to serve the needs of the residents and visitors. [Ord. 671 § 3.5.A, 1995.]

The following uses and structures are permitted in the Commercial Zone by certificate of authorization:

(1) Child care facilities, such as nurseries, day care centers and private schools;

(2) Commercial or trade schools, such as art, dance, music, martial arts;

(3) Community centers and fraternal lodges;

(4) Entertainment facilities, such as theaters, auditoriums, bowling alleys, arcades, billiards/pool parlors, indoor recreation centers, gymnasiums/spas/health clubs;

(5) Farmer’s markets;

(6) Financial institutions;

(7) Food service establishments, such as restaurants including drive-up facilities, delicatessens, and ice cream shops;

(8) Gas sales and service stations;

(9) Hospitals;

(10) Lodging establishments, such as hotels, motels, inns;

(11) Marine facilities, such as marinas, boat launches, dry boat storage, boat repair and gas docks where directly water-related;

(12) Medical offices and clinics, such as doctors, dentists, chiropractors, laboratories;

(13) Outdoor recreational, such as ballfields, playgrounds, picnic areas, outdoor swimming pools, and water-oriented uses;

(14) Plant nurseries;

(15) Professional offices, such as law, realty, architecture, engineering, therapists, counselors, consulting;

(16) Public use facilities, such as parks, floats, parking lots, libraries, government offices and buildings;

(17) Recreational vehicle parks;

(18) Rest homes and adult family homes;

(19) Retail sales establishments with outdoor sales and lots, such as vehicle sales, rental, service, and repair, lumber yards, farm and garden supply, and yacht sales;

(20) Retail sales of nonperishable goods, such as clothing stores, shoe stores, bookstores, gift shops, pharmacies, hardware stores, and antique shops;

(21) Retail sales of perishable goods, such as grocery stores, specialty food stores, feed and seed stores;

(22) Service businesses, such as blueprint, printing, catering, tailoring, travel agencies, upholstery shops, woodworking shops, laundries/dry cleaners, light mechanical repair stores (camera, TV, bicycle);

(23) Taverns, bars, lounges, night clubs and dance halls;

(24) Liveaboards;

(25) Live-work buildings;

(26) Guesthouse/guest rental – residential dwelling units rented as guesthouse;

(27) Transitional housing, permanent supportive housing. The transitional or permanent supportive housing must also comply with all the provisions of this code that pertain to residential conditional uses in the Commercial Zone. [Ord. 1255 § 8, 2025; Ord. 1247 § 2, 2024; Ord. 1211 § 2(A), 2022; Ord. 1191 § 2 (Exh. A), 2020; Ord. 671 § 3.5.B, 1995.]

The following uses and structures are permitted in the Commercial Zone by conditional use permit:

(1) Transitional housing and housing for people with functional disabilities;

(2) Dwelling units, attached or unattached, are not to exceed 49 percent of the square footage of the building(s), for all uses, of the properties of a development on the ground floor. Dwelling units located above the ground floor are not limited in square footage except that the maximum floor area for all development (commercial and residential) must not be more than two times the property area. Residential uses in the commercial zone to the extent practical must have their access located to the rear or side of the structure where they are located. Residential uses in the Commercial Zone shall not exceed a density of 18 dwelling units per acre of land. Each new dwelling unit must have a separate water meter installed.

(3) Light industrial uses, artistic endeavors, and those commercial uses which would create noise, light, odors, traffic congestion or dust not normally associated with commercial operations; provided, that:

(a) The building design is similar to those structures housing commercial uses in the district, and the operational characteristics are compatible with surrounding uses;

(b) There shall be no unusual fire, explosion, or safety hazards;

(c) There shall be no production of noise at any property line of any use in the Commercial District in excess of the average intensity of street and traffic noise found in the district;

(d) Pollution and safety standards set by regional, state or federal agencies, boards, or commissions shall be satisfied. Failure to comply with such regulations shall void the conditional use;

(4) Veterinary clinics, animal hospitals and animal grooming parlors provided the facility has no outside kennels;

(5) Antenna plus antenna mounts of more than 20 feet in height, four feet in width and of bulk area more than 16 feet;

(6) Parks, playgrounds and recreation uses such as athletic fields, tennis courts, pools and restrooms as accessory uses; provided, that subject property is under lease or otherwise under the control of the town of La Conner. Conditional use permits will be revoked when not under the control of the town;

(7) Heavy equipment sales;

(8) Churches; provided, that all structures are set back at least 25 feet on all sides from abutting property lines and abutting residential zones; and provided, that church use is not allowed in the Commercial Zone portion of the historic district listed on the National Historic Register, which includes Commercial Street, South First Street, Washington Avenue and the western side of South Second Street; and provided, that all parking requirements must be met. The church use does not qualify for “in-lieu-of” fee.

(9) Short-Term Rentals. The short-term rental unit must also comply with all the provisions of this code that pertain to residential conditional uses in the Commercial Zone.

(10) Secure community transition facilities; provided, that they are located outside the Historic Preservation District. Secure community transition facilities shall not be permitted within the Historic Preservation District.

(11) Community treatment facilities; provided, that they are located outside the Historic Preservation District. Community treatment facilities shall not be permitted within the Historic Preservation District.

(12) Community residential facilities.

(13) Public service facilities. [Ord. 1261 § 2, 2025; Ord. 1255 § 9, 2025; Ord. 1247 § 2, 2024; Ord. 1222 § 2, 2023; Ord. 1191 § 2 (Exh. A), 2020; Ord. 994 § 1, 2007; Ord. 979 § 4, 2006; Ord. 932 § 2, 2004; Ord. 671 § 3.5.C, 1995.]

The following uses and structures are permitted in the Commercial Zone with an administrative conditional use permit (Type II):

(1) A structure originally constructed as a single-family residence within the Commercial Zone may revert to 100 percent single-family residential use.

(2) Emergency housing, emergency shelter; provided, that the emergency housing or shelter must also comply with all the provisions of this code that pertain to residential conditional uses in the Commercial Zone. [Ord. 1255 § 10, 2025; Ord. 1032 § 1, 2009.]

(1) Minimum lot size – None.

(2) Maximum lot size within the Morris Street Commercial District is 10,000 square feet.

(3) Maximum lot coverage for buildings and impervious surfaces shall be 80 percent. Additional lot coverage requirements are found in Chapter 15.50 LCMC, Historic Preservation District.

(4) Minimum landscaping area – 20 percent of the lot area.

(5) Minimum Building Setback.

(a) The provisions of LCMC 15.50.120 notwithstanding, if the commercial use is adjacent to an RD Zone, the side yard setback shall be 10 feet and the rear yard setback shall be 25 feet.

(b) In the commercial HPD area, setbacks should conform to existing structures to preserve and enhance the storefront character of the street where possible. The historic planar relationship of the facade should be maintained.

(c) Access to the rear or secondary points of buildings along the front elevation should be avoided in the HPD. Such access or entry points, if constructed, should enhance the building and street to maintain the continuity of the street scene.

(6) Setbacks from agricultural land shall be a minimum of 25 feet from any property line bordering agricultural lands.

(7) Maximum floor area shall be no more than two times the property area.

(8) Maximum building height – 30 feet above the average lot grade determined by averaging the lowest and highest existing elevation points on the lot to the highest point on the roof; except, for structures built within the 100-year floodplain, the height shall be measured from one foot above the base flood elevation to the highest point on the building. Roof access must be approved by the fire chief.

(9) Awning/Canopies. Awnings and canopies shall be subject to the standard outlined in the latest adopted edition of the Uniform Building Codes and may require a building permit and inspection. Awnings/canopies shall have a minimum of eight feet clearance from the ground. [Ord. 1077 § 4, 2012; Ord. 986 § 8, 2007; Ord. 889 § 2, 2003; Ord. 755 § 2, 1999; Ord. 695 § 2, 1997; Ord. 671 § 3.5.D, 1995.]

(1) All recreational vehicle camping facilities shall comply with all applicable local, county, state and federal rules and regulations.

(2) Landscaping. The part of the campsite which is not intended to be occupied by the recreational vehicle or used for a parking space shall be landscaped.

(3) Parking Requirements. In addition to the recreational vehicle parking pad, a minimum of one vehicular parking space per campsite and each employee shall be provided on-site.

(4) Accessory Uses. The following uses and services may be provided at a scale intended to serve the tenants of the recreational vehicle camping facility:

(a) A caretaker/manager residence or office;

(b) Recreational areas and equipment;

(c) Clubhouses;

(d) Tourist information centers;

(e) Laundry, restroom and shower facilities;

(f) Storage and/or maintenance buildings.

(5) Access and Circulation. The location of access driveways shall be subject to approval by the planning and public works departments. Any driveway, or portion thereof, which does not provide for continuous circulation shall not exceed 600 feet, and shall be terminated with a turnaround having a diameter of at least 60 feet. The minimum driveway width for two-way traffic shall be 24 feet, or not less than 32 feet if parking is permitted on the margins of the road. The minimum driveway width for one-way traffic shall be 16 feet, or not less than 24 feet if parking is permitted on the margins of the road. Driveways shall be hard surfaced.

(6) Screening.

(a) The requirements of this chapter are intended to provide sound barriers and reduce the visual impacts and incompatible characteristics of:

(i) Abutting properties with different land use classifications;

(ii) Service areas and facilities, including loading and storage areas;

(iii) Any other use or area as required under this chapter or by the planning commission.

(b) Landscaping. Screen planting shall consist of evergreen trees, such as fir, cedar, pine, etc., planted a maximum of 15 feet on center; deciduous trees for seasonal color and texture; and medium-sized shrubs (three to five feet at maturity) and ground cover plants at a density to form an effective barrier to cover 85 percent of the ground surface within two years.

(c) Dimensional Requirements. The size of the planting area shall be as specified below, based on the type of screening used:

(i) Minimum Width. Screening area shall be 10 feet wide unless the use of a fence or wall is incorporated into the screening, as provided under (ii) and (iii) below.

(ii) Fence Alternatives. If a fence option is selected, the width of the screening area may be reduced to five feet. The fence shall be constructed of wood and sight-obscuring.

(iii) Wall Alternative. If a wall at least five feet high is to be used for screening, the screening area may be reduced to two feet. Climbing plants and vines shall be used to add texture and soften the appearance of the wall. Screen walls shall be constructed with masonry, block, or textured concrete, subject to design approval by the planner of planning commission.

(7) Maintenance. Storage of materials or equipment shall be within enclosed structures. Trash receptacles shall be provided in convenient locations for use by guests of the park, and in such number and of such capacity that there is no uncovered accumulation of trash at any time.

(8) No person shall occupy space within a recreational vehicle park for more than 30 days in a 60-day period. [Ord. 671 § 3.5.E, 1995.]

The Transitional Commercial Zone lies at the intersection of commercial, residential, public and industrial uses and at the southern terminus of the National Historic Preservation District (HPD). Therefore, the allowed uses in this area must take into account the transition from and to these diverse uses. Additionally, the zone must respect and carry forth the design requirements of the HPD to avoid compromising the values of the HPD. The transitional area therefore also requires enhanced design and site plan review to ensure that future development lessens the adverse impacts on the adjoining zones, and provides for a smooth transition between them. [Ord. 877 § 7, 2003.]

The following are the list of permitted uses for the Transitional Commercial Zone by certificate of authorization:

(1) Child care facilities, such as nurseries and day care centers;

(2) Commercial or trade schools, such as art, dance, music, martial arts;

(3) Community centers and fraternal lodges;

(4) Entertainment facilities, such as theaters, auditoriums, bowling alleys, arcades, billiards/pool parlors, indoor recreation centers, gymnasiums/spas/health clubs;

(5) Farmer’s markets;

(6) Financial institutions;

(7) Food service establishments, such as restaurants, delicatessens, and ice cream shops;

(8) Retail gas sales and service stations;

(9) Lodging establishments, such as hotels, motels, inns;

(10) Marine facilities, such as marinas, boat launches, dry boat storage, boat repair and gas docks where directly water-related;

(11) Medical offices and clinics, such as doctors, dentists, chiropractors, laboratories;

(12) Ball fields, playgrounds, picnic areas, outdoor swimming pools, and water-oriented recreational uses;

(13) Plant nurseries;

(14) Professional offices, such as law, realty, architecture, engineering, therapists, counselors, consulting;

(15) Public use facilities, such as parks, floats, parking lots, libraries, government offices and buildings;

(16) Retail sales of nonperishable goods, such as clothing stores, shoe stores, bookstores, gift shops, pharmacies, hardware stores, and antique shops;

(17) Retail sales of perishable goods, such as grocery stores, specialty food stores, feed and seed stores;

(18) Service businesses, such as blueprint printing, catering, tailoring, travel agencies, upholstery shops, woodworking shops, laundries/dry cleaners, light mechanical repair stores (camera, TV, bicycle). [Ord. 877 § 8, 2003.]

The following uses and structures are permitted in the Transitional Commercial Zone by conditional use permit:

(1) Transitional housing and housing for people with functional disabilities;

(2) Residential Uses.

(a) Residential Mixed with Commercial.

(i) Residential dwelling units, attached or detached, shall not exceed 49 percent of the total square footage of building(s) located within the urban commercial environment as designated by the shoreline master program. The percentage outside the shoreline area shall be governed by the total residential percentage maximum for the zone;

(ii) Residential units shall be limited to the second floor of a commercial building when the building fronts First Street or Caledonia Street between First Street and the vacated Second Street right-of-way;

(iii) The applicant must apply for and submit a site plan for the entire development and no occupancy of the residential component of a mixed-use building shall occur until the commercial portion of the building is ready for occupancy;

(b) Residential.

(i) Single-family, attached townhouses, and multifamily residential buildings may be allowed when located east of the vacated portion of Second Street; west of Third Street; south of Moore Street; and north of Caledonia Street;

(ii) If phased development occurs, all street improvements for streets abutting the Transitional Commercial Zone, utilities and public amenities required for the build-out of the Transitional Commercial Zone shall be installed prior to, or concurrent with, development;

(c) Residential Unit Limit. A maximum of 26 residential units, whether pursuant to subsection (2)(a) or (b) of this section, may be sited in the entire Transitional Commercial Zone; provided, that maximum units may be increased to 36 units if the entire development meets the density bonus criteria set forth in LCMC 15.36.050;

(3) The total square footage of residential development, townhouse and residential portions of mixed buildings within the Transitional Commercial Zone shall not exceed 65 percent of the total building square footage within the zone;

(4) Light industrial uses, artistic endeavors, and those commercial uses which would create noise, light, odors, traffic congestion or dust not normally associated with commercial operations, provided that:

(a) The building design is to be consistent with those structures housing commercial uses in the district, and the operational characteristics are compatible with surrounding uses;

(b) There shall be no fire, explosion or safety hazards;

(c) There shall be no production of noise at any property line with any use in the transitional district in excess of the average intensity of street and traffic noise found in the district;

(d) Pollution, noise, and safety standards set by regional, state or federal agencies, boards, or commissions shall be satisfied. Failure to comply with such regulations shall void the conditional use;

(5) Veterinary clinics, small animal hospitals and animal grooming parlors, provided the facility has no outside kennels;

(6) Private schools;

(7) Outdoor recreational uses, other than those allowed;

(8) Rest homes and adult family homes;

(9) Retail sales establishments with outdoor sales lots, such as vehicle sales, rental, service, and repair, lumber yards, farm and garden supply, and yacht sales;

(10) Taverns, nightclubs and dance halls. [Ord. 989 § 2, 2007; Ord. 972 § 2, 2006; Ord. 877 § 9, 2003.]

Design and site plan review is a Type III permit activity with regard to all projects and proposals for development within the Transitional Commercial Zone.

(1) Design Review. Any development proposal in the Transitional Commercial Zone shall undergo a design review for compliance with the Historic Preservation District (HPD) guidelines by the planning commission. The transitional commercial area is emerging from the historic district public use area, and connecting to industrial and residential areas to the south and east. To preserve the integrity of the HPD and values of adjacent properties, the commercial development of properties adjacent to the HPD shall undergo design review with the following guidelines.

(2) Design Review Purpose and Intent.

(a) To ensure a smooth transition from the architecture and building styles of the historic district of First Street to a commercial zone adjacent to residential, public use and industrial zones.

(b) To ensure that new construction and additions are consistent with the scale, forms and proportions of the adjacent Historic Preservation District.

(c) To develop building uses that extend the First Street identity along the waterfront.

(d) To avoid repetitive or monolithic designs.

(3) Design Criteria.

(a) Uses shall be mixed vertically and horizontally on the same lot.

(b) For buildings with multiple uses on First Street, the commercial uses shall be ground floor fronting the street with residential uses to the rear of the property and upper floors. Commercial uses may extend to the upper floors. However, residential uses shall not be located on the ground floor fronting First Street.

(c) In buildings fronting First Street, upper floor residential units shall be stepped back from the street side building edge a minimum of 10 feet, and a change of building materials for each 30 feet of length along the street frontage shall be incorporated.

(d) Vertically mixed buildings shall provide articulation between commercial and residential levels by changing materials, color, intermediate cornice line, recesses, or roof decks that serve residential units.

(e) Buildings shall represent an architectural scale consistent with streetscape historic scale, forms, and proportions of buildings on the First Street historic district.

(f) Buildings, storefronts, entrances, and variations in height, modulation, color, and building material shall occur at 25-foot intervals.

(g) The commercial portions of mixed uses, which are vertically separated from the residential uses, shall have roofs that are compatible with residential structures.

(h) Gable and hipped roofs should have a minimum of six in 12 pitch. Flat roofs shall have articulated parapet walls.

(i) Mechanical equipment on the roofs shall be screened from view of adjacent residential units and the public street.

(j) The roofline should change by alternating dormers, stepped roofs, gables or other elements to reinforce the modulation or articulation interval.

(k) Repealed by Ord. 972.

(4) Site Plan Review.

(a) Purpose. The purpose of site plan approval shall be to assure that the site plan of the proposed development is compatible with adjacent zones and uses, and complies with the policies and regulations of the town of La Conner. Site plan elements subject to this section include, but are not limited to, site layout, building orientation, pedestrian and vehicular access, signage, landscaping, natural features on site, screening and buffering, parking and loading, and illumination. Site planning requires the horizontal and vertical arrangement of these elements to be compatible with the physical characteristics of the site and surrounding area. Site review does not include design review, which addresses the aesthetic considerations of architectural style, exterior treatment and space configuration. Site plan review should occur at the early stage of development when the scale, layout, and scope of a project are known.

(b) Intent.

(i) Ensure that new construction and additions respect the scale, forms and proportions of the Historic Preservation District;

(ii) To protect neighboring owners and uses by assuring that reasonable provisions have been made to ensure continuity with adjacent neighborhoods;

(iii) To promote orderliness of community growth and minimize discordant and undesirable impacts of development both on- and off-site;

(iv) To promote the coordination of public and quasi-public elements such as walkways, boardwalks, paths, driveways and landscaping with other development;

(v) To ensure convenience and safety of vehicular and pedestrian movement within the site and to adjacent properties;

(vi) To minimize conflicts that might otherwise be created by a mix of uses within the zone;

(vii) To supplement other land use regulations by addressing site plan elements not adequately covered elsewhere in the town code and avoid violating the intent and purpose of those codes.

(5) Review Criteria. The planning commission shall review and act upon site plans based upon total site considerations and the following criteria of this section. These criteria provide a frame of reference for the applicant to develop a site. They are not intended to be inflexible or discourage creativity and innovation.

(a) General Criteria.

(i) Conform to the goals and policies of the elements of the comprehensive plan;

(ii) Mitigate impacts to surrounding properties and uses;

(iii) Provide safe and efficient vehicle and pedestrian circulation.

(b) Specific Review Criteria.

(i) Commercial service and refuse areas shall be screened from view;

(ii) Multiple buildings on the same site should incorporate elements such as plazas, walkways, and landscaping along pedestrian pathways to provide a clear view of destinations;

(iii) The plan assures adequate public access to street rights-of-way and shoreline;

(iv) Parking space allocations should be sited to the sides and rear of the property to minimize impacts on streetscape;

(v) Consider placement and scale of proposed structures in relation to the adjacent properties and natural characteristics of the site to avoid over concentration or the impression of oversized structures;

(vi) Limit paved and impervious surfaces, where feasible, to reduce runoff.

(6) Applicability.

(a) Design Review.

(i) The provisions of the design review section shall apply to new construction, additions, or material change to the exterior appearance of all structures, and any new development within the Transitional Commercial Zone in the town of La Conner.

(ii) The provisions of this chapter shall apply in addition to those requirements of the underlying zoning district. In the event of a conflict between the underlying district and this chapter, the provisions of this chapter shall prevail.

(b) Site Plan Review. The provisions of the site plan review section shall apply to any site development activities that include new construction, additions that alter the building footprint, landscaping, street or road development, parking and pedestrian walkways.

(c) Exceptions.

(i) Interior remodels.¹

(ii) Demolition.

(7) Review Procedures.

(a) Preapplication Conference with Planning Staff. Early preapplication conferences are encouraged to provide an indication of developers’ intentions and an opportunity for town staff to provide feedback to the applicant on design and site plan review issues.

(b) Sequence to Other Permit Activity. The planning commission, prior to shorelines review or any hearing examiner review, will conduct the design and site plan review simultaneously.

(c) Public Notice and Departmental Comment Period. The design and site plan review is a Type III permit activity and will require notice as per LCMC 15.135.110, Public notice requirements. Departmental heads will review and provide comment in preparation for the planning department reports to the planning commission.

(d) Revisions and Plan Modifications.

(i) Minor modifications may be reviewed for administrative determination by the planning director if the modifications:

(A) Involve less than 10 percent² of the area or scale of the approved plan; or

(B) Do not have a significantly greater impact on the environment and facilities than approved; or

(C) Do not alter the boundaries or building footprints of the approved plans.

(ii) Major modifications involving more than 10 percent1 of the plan area or scale or that have a significant impact to the environment, facilities or boundaries must be reviewed and approved by the planning commission prior to modification of the original plan. [Ord. 972 § 3, 2006; Ord. 877 § 10, 2003.]

Residential density bonuses may be added to allow the applicant to increase the number of residential units by providing enhanced public improvements beyond what the code presently requires. The addition of the enhanced public improvements serves to mitigate the adverse effects of increased residential density. To qualify for the density bonus, the applicant must include all of the site features below. If the following features are included in the development, the applicant may, subject to other applicable provisions of the UDC and other regulations, build up to an additional 10 dwelling units for a maximum of 36 dwelling units in the transitional zone. The following public amenities must be incorporated into the overall site plan to the satisfaction of the reviewing body:

(1) Improve shoreline public access areas with amenities such as sitting areas and plazas.

(2) Increase view corridors from upland areas to the shoreline.

(3) Provide and maintain public restrooms.

(4) Develop a public boardwalk along the shoreline for the length of the property.

(5) Add 7,000 square feet of open space plaza and/or recreational areas beyond the required setback and landscaping requirement. [Ord. 972 § 4, 2006; Ord. 877 § 11, 2003.]

(1) Minimum lot size – None.

(2) Maximum lot size – None.

(3) Maximum lot coverage for buildings and impervious surfaces shall be 80 percent.

(4) Minimum landscaping area – 20 percent of the lot area.

(5) Minimum Building Setback.

(a) In the transitional commercial area, setbacks should conform to match setbacks for structures in the First Street commercial HPD to preserve and enhance the storefront character of the street. The historic relationship of the facade should be maintained.

(b) Access to the rear or secondary points of buildings along the front elevation should be avoided on First Street. Such access or entry points, if constructed, should enhance the building and street to maintain the continuity of the street scene.

(6) Maximum floor area shall be no more than two times the property area.

(7) Maximum Building Heights – 30 feet above the average lot grade determined by averaging the lowest and highest existing elevation points on the lot to the highest point of the roof. Exception: In the 100-year floodplain, the height may be measured 30 feet from the finished lot grade at base flood elevation of eight feet plus one foot above mean sea level to the highest point of the roof, provided:

(a) The building shall not exceed three stories;

(b) Residential portions of commercial buildings shall have quick-response sprinkler heads;

(c) For one- and two-story buildings with residential uses, the sprinkler system for the residential portion shall comply with NFPA 13R. The remainder of the structure shall comply with NFPA 13;

(d) If any occupied portion of the structure is over two stories, the entire building shall comply with NFPA 13;

(e) The sprinkler system shall be centrally monitored;

(f) Eave height shall not exceed 30 feet from grade unless the building has multiple roof access platforms, as approved by the La Conner fire chief, for roof ladder access at or below 30 feet;

(g) Roofs shall be constructed of noncombustible materials.

(8) Awning/Canopies. Awnings/canopies shall have a minimum of eight feet clearance from the ground.

(9) The side yard setbacks within the shoreline area shall be, in combination, equal to 25 percent of the property width, but such calculation may include any “view corridors” in the shoreline area. Development features enhancing east and west view corridors may be considered, in part, to satisfy side yard setback requirements. Side yard setbacks outside of the shoreline area shall be consistent with the adjoining Commercial Zone.

(10) Landscaping, at maturity, within a view corridor shall not exceed four feet in height.

(11) Buildings over 3,000 square feet gross floor area shall be designed to have the appearance of multiple buildings characteristic of First Street HPD buildings, including separate entrances, storefronts, and variation in height. [Ord. 989 § 4, 2007; Ord. 986 § 8, 2007; Ord. 972 § 5, 2006; Ord. 877 § 12, 2003.]

Nonconforming structures within the shoreline area may continue in form, and may be reconfigured to alternate uses consistent with required building codes in any manner which does not expand the extent of nonconformity of the size of the structure, consistent with the definition of “nonconforming structures” in the shoreline master program and to achieve uses consistent with the Transitional Commercial Zone and the shoreline master program for the shoreline area. [Ord. 989 § 3, 2007.]

Change of use or expansion of uses require permitting and planning department review.

Within two years.

The purpose of industrial zoning is to provide areas for wholesale and retail businesses to engage in light to medium manufacturing, processing, storing, or distributing goods; to provide for public services; and to manage the development of these uses to minimize or eliminate nuisance factors and hazards. Only those uses that comply with the shoreline master program are allowed in the 200-foot shoreline jurisdiction. [Ord. 671 § 3.6.A, 1995.]

The following uses are permitted in the Industrial Zone by certificate of authorization:

(1) Manufacturing, packaging, processing, warehousing and distributing operations and associated wholesale and retail activities;

(2) Parks, public or private;

(3) Retail or wholesale lumber or building material yards, paint, glass, heating, plumbing and electrical materials;

(4) Retail sales of farm equipment, manufactured housing, recreational vehicles, heavy equipment and boats;

(5) Farm supplies;

(6) Food products manufacturing;

(7) Textile products manufacturing;

(8) Lumber, wood products manufacturing;

(9) Paper products manufacturing except milling;

(10) Light stone, clay, glass products manufacturing and glass, pottery, china, ceramic products, stone cutting and engraving;

(11) Signs, advertising and manufacturing;

(12) Office machine, equipment manufacturing, computer;

(13) Small electrical equipment component manufacturing;

(14) Transportation equipment and parts manufacturing;

(15) Metal products fabrication and manufacturing;

(16) Light fabricated building components;

(17) Light fabrication assembly and manufacturing;

(18) Commercial/industrial photography and video productions;

(19) Warehouses for storage and services in association with office and manufacturing;

(20) Mini warehouses – storage only;

(21) Rental services of heavy equipment, furniture, tools, passenger automobiles, trailers, recreation;

(22) Boat, vehicle, and heavy equipment repair garages, body and fender repair shops, and car washes;

(23) Government services and functions including shops, maintenance, and utilities;

(24) Special vocational schools;

(25) Research and development facilities;

(26) Commercial auto parking lots and garages;

(27) Tow truck operations and auto impoundment;

(28) Utility and communications storage and distribution, substations;

(29) Shipbuilding and shipyards;

(30) Public parking lots;

(31) Agricultural processing, food processing;

(32) Marinas;

(33) Contractors’ offices, shops and storage yards;

(34) Furniture manufacture and repair or cabinet or millwork shops;

(35) Automobile service stations;

(36) Public transportation system terminals;

(37) Nonhazardous recycling collection depots for paper, glass, aluminum, plastic, and metal, provided all storage is contained within a structure or sight-obscuring enclosure;

(38) Office. [Ord. 791, 2000; Ord. 671 § 3.6.B, 1995.]

(1) Location Restrictions. Collective gardens to the extent allowed by law shall be subject to the following location restrictions:

(a) Collective Gardens in Outdoor Locations. Collective gardens in outdoor locations are prohibited;

(b) Collective Garden Locations. Collective gardens shall not be located in any zone other than the industrial zone;

(c) Prohibited Areas. In addition to the above, collective gardens shall not be allowed in the following areas:

(i) Within 1,000 feet of a youth-oriented facility, a school, a park, or any church or residential treatment facility;

(ii) Within 1,000 feet of any occupied legal residential structure located on a separate legal parcel;

(iii) In a mobile home and/or RV park or within 1,000 feet of any mobile home and/or RV park;

(iv) Within 500 feet of any other collective garden; and

(v) The distance between the above-listed uses and the collective garden where the cannabis is being cultivated shall be measured in a straight line from the nearest exterior wall of the building in which the cannabis is cultivated to the nearest boundary line of the property on which the facility, building or structure or portion of the facility, building or structure in which the above-listed use occurs is located;

(d) Accessory Uses. Collective gardens shall not be allowed as an accessory use;

(e) Home Occupation Use Prohibited. Collective gardens are prohibited as home occupations.

(2) Operating Standards.

(a) The following restrictions apply to the operation of collective gardens.

(i) Odor. The cultivation of cannabis shall not subject residents of neighboring parcels who are of normal sensitivity to objectionable odors.

(ii) Lighting. All lights used for security shall be shielded and downcast or otherwise positioned in a manner that will not shine light or allow light glare to exceed the boundaries of the parcel upon which they are placed.

(iii) Noise. The cultivation of medical cannabis in a collective garden shall not exceed the noise level standards as set forth in Chapter 7.05 LCMC.

(iv) Visibility. Cannabis shall not be grown or on display in any location where the cannabis plants are visible from the public right-of-way or a public place.

(v) Signage. There shall be no exterior signage relating to the collective garden.

(vi) Gas Prohibited. The use of gas products (CO2, butane, etc.) for medical cannabis cultivation is prohibited.

(vii) Compliance with Codes. The collective garden shall comply with the applicable provisions of the currently adopted edition of the Washington State Building Code.

(viii) Nuisance. The collective garden shall not adversely affect the health or safety of the nearby residents by creating dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, or other adverse impacts, or be hazardous due to use or storage of materials, processes, products or waste.

(ix) Limitation on Square Footage Devoted to Collective Garden. The indoor collective garden shall be limited to no more than 150 contiguous square feet per collective garden.

(x) Exterior Appearance. The indoor collective garden shall be located in a structure within a fully enclosed and secure structure.

(xi) Security Lighting. Interior structure lighting, exterior structure lighting and driveway and/or parking area lighting shall be of sufficient foot-candles and color rendition so as to allow the ready identification of any individual committing a crime on site at a distance of no less than 40 feet from the structure.

(xii) Security. Security measures at the collective garden shall include, at a minimum, the following:

(A) Robbery and burglary alarm systems which are professionally monitored and maintained in good working condition;

(B) Exterior lighting that illuminates all exterior entrances; and

(C) Windows and roof hatches secured with bars on the windows so as to prevent unauthorized entry, and be equipped with latches that may be released quickly from the inside to allow exit in the event of an emergency.

(3) Delivery Only Among Members. No usable cannabis from the collective garden may be delivered to anyone other than one of the qualifying patients participating in the collective garden. Collective garden employees/volunteers or collective garden members may not sell any cannabis plants or usable cannabis. Such activities may be prosecuted under the Uniform Controlled Substances Act, Chapter 69.58 RCW.

(4) Limitation of Distribution Hours. The premises shall be closed to any distribution of medical marijuana between 10:00 p.m. and 7:00 a.m.

(5) No On-Site Sales of Paraphernalia. There shall be no on-site display or sale of paraphernalia used for the use or consumption of medical cannabis at the collective garden.

(6) Consumption of Marijuana and Alcohol Prohibited. Consumption of cannabis, products containing cannabis or alcohol on the premises is prohibited.

(7) Minors Prohibited On Site. No minors shall be permitted on any collective garden premises.

(8) Consent of Land Owner. No medical cannabis use shall be established or permitted without the authorization and consent of the property owner.

(9) Nuisance. Nothing in this section (or this chapter) shall be construed as a limitation on the town’s authority to abate any violation which may exist from the cultivation of cannabis plants from any location, including from within a fully enclosed and secure building.

(10) Violations.

(a) It is a violation of this chapter for any person owning, leasing, occupying or having charge or possession of any parcel of land within any unincorporated area of the town to cause or allow such parcel of land to be used for the indoor or outdoor cultivation of marijuana or cannabis plants for medicinal purposes in excess of the limitations set forth herein.

(b) The cultivation of more than the number of cannabis plants set forth in this chapter on one legal parcel, either indoors or outdoors, within the town, regardless of whether the person(s) growing the cannabis is/are a “qualified patient,” or members of a “collective garden” as defined herein, is hereby prohibited.

(c) Any violations of this chapter may be enforced as set forth in Chapter 15.135 LCMC, or as applicable, the Uniform Controlled Substances Act, Chapter 69.58 RCW. In addition, violations of subsections (10)(a) and (10)(b) of this section are deemed to be a public nuisance and may be abated by the town under the procedures set forth in state law for the abatement of public nuisances. [Ord. 1116 § 1, 2014.]

The following accessory uses are permitted in the Industrial Zone by certificate of authorization:

(1) On-site recycling and treatment of waste products associated with principal uses on the same site, subject to all applicable county, state and federal regulations and permits;

(2) Temporary buildings for uses incidental to construction work, which building shall be removed upon completion or abandonment of the construction work;

(3) A wholesale/retail outlet or showroom for sales of products produced, assembled or manufactured and warehoused or stored on the premises, which shall be limited to no more than 49 percent of the gross floor area of the industrial space;

(4) Employees’ cafeterias, motorized vending, and auditoriums. [Ord. 791, 2000; Ord. 671 § 3.6.C, 1995.]

The following structures and uses are permitted by conditional use permit:

(1) Antennas plus antenna mount of more than 20 feet in height, four feet in width and of bulk area more than 16 feet;

(2) Secure community transition facilities;

(3) Public service facilities. [Ord. 1261 § 2, 2025; Ord. 671 § 3.6.D, 1995.]

(1) Minimum lot size – None.

(2) Maximum lot coverage by all buildings and impervious surfaces shall be 90 percent.

(3) Minimum landscaping area – 10 percent of the gross site area.

(4) Minimum building setbacks – No minimum except adjacent to, or across the street from, a Residential or Public Use Zone, the following setbacks apply:

There should be a minimum of at least five feet on each side and 10 feet in the rear to allow for fire department access.

(5) Maximum building height – 40 feet above the average lot grade determined by averaging the lowest and highest existing elevation points on the lot to the highest point of the roof; except, for structures built within the 100-year floodplain, the height shall be measured from one foot above the base flood elevation to the highest point on the building. Roof access must be approved by the fire chief. All buildings higher than 35 feet shall comply with the following:

(a) The roof shall be equipped with automatic smoke and heat vents;

(b) The internal structure shall be single-story open construction; a mezzanine is permitted;

(c) Shall be fully sprinklered per NFPA 13;

(d) Shall have central monitoring of the sprinkler system;

(e) Roof shall be constructed of noncombustible materials.

Commercial offices in the industrial area must still comply with the commercial height limits and provisions. [Ord. 1077 § 5, 2012; Ord. 986 § 8, 2007; Ord. 889 § 3, 2003; Ord. 695 § 3, 1997; Ord. 671 § 3.6.E, 1995.]

Office development in the Industrial Zone shall meet the following dimensional standards, which amenities will be included in the calculation of square footage devoted to office-commercial use:

(1) Minimum lot size – None.

(2) Maximum lot coverage for commercial office, including required amenities, is 100 percent.

(3) Minimum landscape area – 10 percent of the gross site area.

(4) Minimum building setbacks – minimum of 50 feet from the mean high water line for new buildings fronting on the Swinomish Channel. There shall be at least five feet on each side and 10 feet on the upland facing side of new buildings to allow for fire department access.

(5) Maximum building height – 30 feet and limited to two occupied stories above finished grade to meet fire department life safety concerns; except, for structures built within the 100-year floodplain, the height shall be measured from one foot above the base flood elevation to the highest point on the building. Roof access must be approved by the fire chief. [Ord. 1077 § 6, 2012; Ord. 791, 2000.]

Repealed by Ord. 979. [Ord. 791, 2000.]

The purpose of port industrial zoning is to provide areas for marine manufacturing and maritime services that require facilities and/or waterfront access available to port properties, with the goal to support a strong maritime economy. The uses permitted in the town’s Port Industrial Zone include wholesale and retail businesses to engage in light to medium manufacturing, processing, storing, or distributing goods and public services. Only those uses that comply with the shoreline master program are allowed in the 200-foot shoreline jurisdiction. [Ord. 1222 § 2, 2023.]

The following uses are permitted in the Port Industrial Zone by certificate of authorization:

(1) Manufacturing, packaging, processing, warehousing and distributing operations and associated wholesale and retail activities;

(2) Parks, trails, public open space;

(3) Retail or wholesale lumber or building material yards, paint, glass, heating, plumbing and electrical materials;

(4) Retail sales of boats and marine supplies;

(5) Aquaculture and seafood processing;

(6) Cold storage;

(7) Textile products manufacturing;

(8) Lumber, wood products manufacturing;

(9) Transportation equipment and parts manufacturing;

(10) Metal products fabrication and manufacturing;

(11) Light fabricated building components;

(12) Light fabrication assembly and manufacturing;

(13) Warehouses for storage and services in association with office and manufacturing;

(14) Mini warehouses – storage only;

(15) Government services and functions including shops, maintenance, and utilities;

(16) Special vocational schools;

(17) Research and development facilities;

(18) Commercial auto parking lots and garages;

(19) Utility and communications storage and distribution, substations;

(20) Shipbuilding and shipyards, boat storage, boat maintenance, and boat haul out facilities;

(21) Public parking lots;

(22) Marinas;

(23) Public transportation system terminals;

(24) Nonhazardous recycling collection depots for paper, glass, aluminum, plastic, and metal, provided all storage is contained within a structure or sight-obscuring enclosure;

(25) Boat/vehicle washdown facilities;

(26) Vehicle charging and fueling stations;

(27) Temporary events. [Ord. 1222 § 2, 2023.]

The following accessory uses are permitted in the Port Industrial Zone by certificate of authorization:

(1) Office;

(2) On-site recycling and treatment of waste products associated with principal uses on the same site, subject to all applicable county, state and federal regulations and permits;

(3) Temporary buildings for uses incidental to construction work, which building shall be removed upon completion or abandonment of the construction work;

(4) A wholesale/retail outlet or showroom for sales of products produced, assembled or manufactured and warehoused or stored on the premises, which shall be limited to no more than 49 percent of the gross floor area of the industrial space;

(5) Employees’ cafeterias, motorized vending, and auditoriums;

(6) Outdoor storage of materials. [Ord. 1222 § 2, 2023.]

The following structures and uses are permitted by conditional use permit:

(1) Antennas plus antenna mount of more than 20 feet in height, four feet in width and of bulk area more than 16 feet;

(2) Maximum building height of 50 feet above the average lot grade determined by averaging the lowest and highest existing elevation points on the lot to the highest point of the roof; except, for structures built within the 100-year floodplain, the height shall be measured from one foot above the base flood elevation to the highest point on the building. Roof mounted equipment shall be excluded from the maximum building height calculation. Roof access must be approved by the fire chief. All buildings higher than 35 feet shall comply with the following:

(a) The roof shall be equipped with automatic smoke and heat vents;

(b) The internal structure shall be single-story open construction; a mezzanine is permitted;

(c) Shall be fully sprinklered per NFPA 13;

(d) Shall have central monitoring of the sprinkler system;

(e) Roof shall be constructed of noncombustible materials. [Ord. 1222 § 2, 2023.]

(1) Minimum lot size – None.

(2) Maximum lot coverage by all buildings and impervious surfaces shall be 90 percent.

(3) Minimum landscaping area – 10 percent of the gross site area.

(4) Minimum building setbacks – No minimum except adjacent to, or across the street from, a Residential or Public Use Zone, the following setbacks apply:

There should be a minimum of at least five feet on each side and 10 feet in the rear to allow for fire department access.

[Ord. 1222 § 2, 2023.]

Office development in the Port Industrial Zone shall meet the following dimensional standards, which amenities will be included in the calculation of square footage devoted to office-commercial use:

(1) Minimum lot size – none.

(2) Maximum lot coverage for commercial office, including required amenities, is 90 percent.

(3) Minimum landscape area – 10 percent of the gross site area.

(4) Minimum building setbacks – minimum of 50 feet from the mean high water line for new buildings fronting on the Swinomish Channel. There shall be at least five feet on each side and 10 feet on the upland facing side of new buildings to allow for fire department access.

(5) Maximum building height – 30 feet and limited to two occupied stories above finished grade to meet fire department life safety concerns; except, for structures built within the 100-year floodplain, the height shall be measured from one foot above the base flood elevation to the highest point on the building. Roof access must be approved by the fire chief. [Ord. 1222 § 2, 2023.]

The purpose of this designation is to provide for areas or facilities that are used by the public or for the benefit of the public. [Ord. 671 § 3.7.A, 1995.]

(1) Public schools subject to the following conditions:

(a) Minimum setback – 35 feet from any adjacent lot;

(b) Minimum setback – 45 feet from any public right-of-way;

(c) Minimum setback – 25 feet from all agricultural lands;

(d) An abutting area of at least one-fourth acre devoted to playfields;

(2) Memorial buildings, community, senior, and performing arts centers, and museums;

(3) Governmental buildings and public service facilities including police and fire stations, office buildings, public libraries, and utilities;

(4) Parks, playgrounds, and public recreation uses, such as athletic fields, tennis courts, pools, launching ramps;

(5) Public parking lots and public restrooms;

(6) Weekly public markets, subject to the following conditions:

(a) Participation is limited to any farmer, gardener, or other person to sell any fruits, vegetables, berries, eggs, or any farm produce or edibles raised, gathered, produced, or manufactured by such person;

(b) The sale of local crafts which shall be limited to 10 percent of the market space;

(c) A sponsoring committee approved by the town council shall organize, monitor, and collect fees;

(d) The market shall operate only two days a week from March 1st to October 1st;

(7) Personal wireless facilities located outside the boundaries of the Historic Preservation District;

(8) Pre-school, day care centers, and other child care, subject to applicable building codes, lot size and coverage standards, parking, loading/unloading and signage requirements, and state (DSHS) licenses and certifications. [Ord. 1261 § 2, 2025; Ord. 1255 § 12, 2025; Ord. 786 § 2, 2000; Ord. 671 § 3.7.B, 1995.]

(1) Overnight Camping – Seasonal Camping in Pioneer Park.

(a) The planning director may authorize the following camping in Pioneer Park annually; provided, that health, safety and sanitary conditions are met. No public notice is required.

(b) Seasonal camping is allowed for nonpowered boaters (i.e., kayak, canoe, rowboat). The camping season will begin May 1st and end September 30th.

(c) The following conditions apply to campers:

(i) Tent camping only in designated camping areas.

(ii) Campers shall not stay longer than 72 hours in a single stay, and there shall be a seven-day minimum span between stays.

(iii) Campers shall be responsible for removing and disposing of garbage and debris that are a result of camping activities.

(iv) No open fires allowed. Cooking appliances may only be used in designated cooking areas or barbecue areas provided.

(2) Overnight Camping.

(a) The planning director is authorized to permit persons to camp, occupy camp facilities, use camp paraphernalia, or store personal property in Pioneer Park and La Conner Public School property for special events. No public notice is required.

(b) The planning director may approve a permit as provided under this section when, from a consideration of the application and from such other information as may otherwise be obtained, the planning director finds that:

(i) Adequate sanitary facilities are provided and accessible at or near the campsite;

(ii) Adequate trash receptacles and trash collection are to be provided;

(iii) The camping activity will not unreasonably disturb or interfere with the peace, comfort and repose of private property owners; and

(iv) The camping activity is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or to create a disturbance.

(c)  The planning director is authorized to promulgate rules and regulations regarding the implementation and enforcement of this chapter.

(d)  No permit shall be issued for a period of time in excess of seven calendar days.

(e)  Any person denied a permit may appeal the denial to the hearing examiner per the administrative decision appeal procedure in LCMC 15.12.130, Appeal of administrative decision. [Ord. 1211 § 2(A), 2022; Ord. 1004 § 1, 2008.]

(1) Minimum lot size – None;

(2) Maximum lot coverage for buildings and impervious surfaces shall be 90 percent;

(3) Maximum height – 30 feet above the average lot grade determined by averaging the lowest and highest existing elevation points on the lot to the highest point of the roof; except, for structures built within the 100-year floodplain, the height shall be measured from one foot above the base flood elevation to the highest point on the building. Roof access must be approved by the fire chief;

(4) Minimum building setbacks – 25 feet from agricultural land. Areas other than public schools shall conform with adjacent area zoning. [Ord. 1077 § 7, 2012; Ord. 986 § 8, 2007; Ord. 685 § 1, 1996; Ord. 671 § 3.7.C, 1995.]

A solid wall, sight-obscuring fence between five and six feet in height, or a vegetative buffer may be required along the boundary between the site and any adjacent residential zone. [Ord. 671 § 3.7.D, 1995.]

(1) Provide for the identification and protection of structures and sites within the town that reflect special elements of the town’s architectural, artistic, aesthetic, historical, economic, and social heritage;

(2) Facilitate restoration and upkeep of historic structures;

(3) Encourage public knowledge and appreciation of the town’s history and culture;

(4) Foster community pride and sense of identity based on recognition and use of historic resources;

(5) Preserve diverse architectural styles reflecting phases of the town’s history and encourage complimentary design and construction impacting historic resources;

(6) Enhance property values and increase economic benefits to the town and its residents;

(7) Identify and resolve conflicts between the preservation of historic structures and alternative land uses;

(8) Integrate the requirements for historic preservation into the development review process.

(9) Ensure that new construction and additions respect the scale, forms and proportions of the Historic Preservation District. [Ord. 755 § 3, 1999; Ord. 671 § 3.8.A, 1995.]

(1) The provisions of this chapter shall apply to the designation, preservation, rehabilitation, restoration, reconstruction, relocation, remodel, demolition, or material change to the exterior appearance of all Historic Landmarks, all structures, and any new development within the Historic Preservation District in the town of La Conner.

(2) The provisions of this chapter shall apply in addition to those requirements of the underlying zoning district. In the event of a conflict between the underlying district and this chapter, the provisions of this chapter shall prevail. [Ord. 755 § 4, 1999; Ord. 671 § 3.8.B, 1995.]

The following words and terms when used in this chapter shall mean as follows, unless a different meaning clearly appears from the context:

(1) “Conflict” is when two code provisions provide for different or inconsistent standards.

(2) “District, Morris Street Commercial” means all commercial lots which abut Morris Street, excluding those which also abut First Street or which abut 2nd Street on the west and Morris Street on the south.

(3) “District, First Street Commercial” means all commercial lots, within the HPD, not included in the Morris Street Commercial, which abut First Street.

(4) “Floor area ratio” means the gross floor area of a building(s) on a lot, divided by the total lot area, expressed as a percent.

(5) “Landscape feature” means a natural or manmade outdoor feature on the land such as, but not limited to, trees, steep slopes, bluffs, outcroppings, roads, driveways, parking lots, lamp posts, retaining walls and walkways.

(6) “Scale” means the relationship of the size and proportions of individual parts of a structure to the whole structure; and the relative size and proportions of a structure in relation to pedestrians and to other structures within the Historic Preservation District.

(7) “Shall” means a mandatory, directory and nonwaivable required act or omission.

(8) “Should,” in the context of this chapter, denotes a requirement that may be modified if the applicant demonstrates that the proposal or project as designed furthers the goals and objectives of the chapter equal to or better than the requirement would.

(9) “Streetscape” means the general arrangement, height, and style of buildings, entrances, open spaces, views, and landmark features along a street which help define the unique character of the street.

(10) “Type II historic review” means planning director review of any proposed restoration, remodel, or sign permit.

(11) “Type III historic review” means planning commission review of any alteration, demolition, reconstruction, relocation, or other material change. [Ord. 1211 § 2(A), 2022; Ord. 755 § 5, 1999.]

The town of La Conner adopted a Historic Preservation District by order of the town council on September 5, 1972. The HPD includes portions of First and Second Streets and associated properties which are on the National Register of Historic Places. The boundaries of the district are illustrated on the La Conner Zoning Map, attached as Appendix A. The town council, on recommendation of the planning commission after public hearings, shall have the authority to designate historic landmarks, or historic districts, or additions to historic districts when the criteria for designation under this chapter are satisfied. Any building or structure designated as historic on a national or state historic register and not located within the town’s Historic Preservation District shall be required to meet the conditions set forth in this code. [Ord. 1211 § 2(A), 2022; Ord. 671 § 3.8.C, 1995.]

Any property owner within the town may apply for a Historic Landmark designation. A site or structure may be designated a Historic Landmark if it is listed on the National Register of Historic Places, or if it is rated “significant” under the town’s procedure for evaluating historic resources under the specific architectural, environmental, and historic association criteria, as proposed by the National Trust for Historic Preservation, and itemized below. Points are awarded to a structure on the basis of how well it meets the criteria. A site or structure must receive a total of 40 or more points under the following criteria to qualify for Historic Landmark status:

(1) It is an early (50 years or older), or exceptional example of a particular architectural style, building type, or convention. (Up to 10 points).

(2) It possesses a high quality of composition, detailing, and craftsmanship. (Up to 5 points).

(3) It is a good, or early, example of a particular material or method of construction. (Up to 4 points).

(4) It retains, with little or no change, its original design features, materials, and character. (Up to 8 points).

(5) It is the only remaining, or one of the few remaining, properties of a particular style, building type, design, material, or method of construction. (Up to 10 points).

(6) It is a conspicuous visual landmark in the community or neighborhood. (Up to 10 points).

(7) It is well-located considering the current land use surrounding the property, which contributes to the integrity of the historic period. (Up to 4 points).

(8) It is an important or critical element in establishing or contributing to the continuity or character of the street, neighborhood, or area. (Up to 7 points).

(9) It is associated with the life or activities of a person, group, organization, or institution that has made a significant contribution to the community, state, or nation. (Up to 10 points).

(10) It is associated with an event that has made a significant contribution to the community, state, or nation. (Up to 10 points).

(11) It is associated with, and illustrative of, broad patterns of cultural, social, political, economic, or industrial history in the community, county, state, or nation. (Up to 10 points).

(12) It possesses the potential for providing historic information. (Up to 10 points). [Ord. 671 § 3.8.D, 1995.]

Designation of a Historic Preservation District, or addition to a Historic Preservation District may be initiated by the planning commission, the town council, or by petition of at least 60 percent of the property owners within the geographically defined area. Criteria for designation are as follows:

(1) The area is listed on the National Register as a Historic District.

(2) The area includes a significant concentration of linkage of sites, buildings, structures, or objects which are unified visually by style, plan, or physical development distinguished by association with historic periods, events, people, or cultural trends, and

(a) A substantial number of the component parts within the area are exceptionally well preserved, or

(b) If some components lack individual distinction, but the area taken as a whole represents a significant and distinguishable entity.

(3) The area includes a significant concentration of Historic Landmarks as designated under the criteria set forth in LCMC 15.50.040.

(4) The area has yielded, or may be likely to yield, information important to prehistory or history. [Ord. 671 § 3.8.E, 1995.]

(1) A historic design review permit shall be obtained for any new development in the Historic Preservation District, prior to any alteration, demolition, reconstruction, restoration, relocation, remodel or other material change to the exterior appearance of any existing Historic Landmark or structure located in the Historic Preservation District, and for the interior of structures on the state or national register. Reference LCMC 15.130.010 and 15.130.030 for planning commission and planning director authority.

(2) Repair and maintenance (not shoreline related) may be undertaken without a historic design review permit but is subject to all applicable code requirements including related enforcement procedures.

(3) No historic design review permit shall be approved while any public hearing or appeal affecting the development, alteration, demolition or removal of any proposed Historic Landmark or any building within an area proposed for designation as a Historic District is pending.

(4) If any historic design review application is submitted in combination with another application (such as a conditional use permit), the applications shall be combined and heard concurrently by the higher permitting authority. [Ord. 1211 § 2(A), 2022; Ord. 743 § 3, 1999; Ord. 671 § 3.8.F, 1995.]

The Secretary of Interior’s standards for four distinct, but inter-related approaches to the treatment of historic properties shall be followed for buildings in the Historic Preservation District as outlined below:

(1) Preservation.

(a) Work, including preliminary measures to protect and stabilize the property, that generally focuses upon the ongoing maintenance and repair of existing historic materials and features rather than extensive replacement and new construction. New exterior additions are not within the scope of this treatment; however, the limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a preservation project.

(b) Applicability. When the property’s distinctive materials, features, and spaces are essentially intact and thus convey the historic significance without extensive repair or replacement; when depiction at a particular period of time is not appropriate; and when a continuing or new use does not require additions or extensive alterations.

(2) Rehabilitation.

(a) The act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values. Rehabilitation acknowledges the need to alter or add to a historic property to meet continuing or changing uses while retaining the property’s historic character.

(b) Applicability. When repair and replacement of deteriorated features are necessary; when alterations or additions to the property are planned for a new or continued use; and when its depiction at a particular period of time is not appropriate.

(3) Restoration.

(a) The act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. The limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other title-required work to make properties functional is appropriate within a restoration project.

(b) Applicability. When the property’s design, architectural, or historical significance during a particular period of time outweighs the potential loss of extant materials, features, spaces, and finishes that characterize other historical periods; when there is substantial physical and documentary evidence for the work; and when contemporary alterations and additions are not planned.

(4) Reconstruction.

(a) The act or process of depicting, by means of new construction, the form, features, and detailing of a nonsurviving site, landscape, building, structure, or object for the purpose of replicating its appearance at a specific period of time and in its historic location.

(b) Applicability. When a contemporary depiction is required to understand and interpret a property’s historic value (including the re-creation of missing components in a historic district or site); when no other property with the same associative value has survived; and when sufficient historical documentation exists to ensure an accurate reproduction.

The standards outlined in Table I below shall be considered during the review process.

[Ord. 671 § 3.8.G, 1995.]

No structure located within the Historic Preservation District shall be demolished unless a certificate of authorization or exemption has been approved pursuant to the requirements of Chapter 15.112 LCMC. [Ord. 720 § 3, 1998.]

Article II. Criteria for Design Review of New Construction, Preservation, Rehabilitation, Restoration or Reconstruction Within the Historic Preservation District

(1) Applicants shall conform to the principles of the Secretary of the Interior’s Standards for the Treatment of Historic Properties, including guidelines for preservation, rehabilitation, restoration and reconstruction.

(2) The design shall respect and preserve the important features and qualities of the La Conner Historic Preservation District as outlined in the Design Evaluation Checklist in LCMC 15.50.170. The proposal shall relate to, and not diminish any physical or visual aspect of the site, neighborhood, and community.

(3) Exception. Cases where reconstruction work is proposed for a building of a distinct style, but which is different from that which was typical of the “historic period.” In these cases the appropriate design choice should be to respect the distinct style which is significant in its own right and seek to retain the building’s particular architectural character, especially in terms of unique form, scale, proportion, rhythm, modelling and massing.

(4) In those instances not covered by the criteria outlined in this code, the Secretary of Interior’s standards apply. [Ord. 671 § 3.8.H.1, 1995.]

(1) Masonry – Brick, Stone, Terra-Cotta, Concrete, Adobe, Stucco, Mortar. Masonry features may include walls, brackets, railings, cornices, window architraves, door pediments, steps, and columns, joint unit and size, tooling and bonding patterns, coatings, and color.

(a) Masonry features should be identified, retained, preserved and protected using approved methods and techniques generally recognized for historic structures.

(b) Deteriorated mortar should be replaced with mortar which duplicates the strength, composition, color, and texture of the old mortar. Old mortar joints should be duplicated in width and in joint profile.

(2) Wood – Clapboard, Weatherboard, Shingles, Siding, Decorative Elements. Wood features may also include cornices, brackets, window architraves, and door-way pediments, and their paints, finishes, and colors.

(a) Wood features should be identified, retained, preserved, protected and maintained using approved methods and techniques generally recognized for historic structures.

(b) Repair may include limited replacement in kind – or with compatible substitute materials – of those extensively deteriorated or missing parts of features where there are surviving prototypes such as brackets, moldings, or sections of siding. Features of the existing structure should guide the new work.

(c) Horizontal wood siding in four-to-six-inch shiplap or clapboard is preferred. Avoid vertical or wide horizontal siding.

(d) Avoid panelized siding, batten siding and artificial stone. Wainscot is to be used only in keeping with historic architectural character of the structure.

(3) Architectural Metals – Cast Iron, Steel, Pressed Tin, Copper, Aluminum, and Zinc. Features may include columns, capitals, window hoods, or stairways that are important in defining the overall historic character of the building, and their finishes and colors.

(a) Metal features should be identified, retained, preserved, protected and maintained using approved methods and techniques generally recognized for historic structures.

(b) Architectural metal features may be repaired by patching, splicing, or otherwise reinforcing the metal following recognized preservation methods. Repairs may also include limited replacement in kind – or with a compatible substitute material – of those extensively deteriorated or missing parts of features when there are surviving prototypes such as porch balusters, column capitals, or bases, or porch cresting.

(4) Drainage. To prevent damage to structures, proper drainage should be provided so that water does not stand on flat, horizontal surfaces or accumulate in curved decorative features.

(5) Design for Missing Historic Features. An accurate restoration of missing features may be accomplished using historic, pictorial, and physical documentation or by developing a new design that is compatible with the size, scale, material, and color of the historic building.

(6) Windows and Trim.

(a) Windows and their functional and decorative features should be identified, retained, preserved, protected and maintained using generally accepted techniques for historic structures. Features may include frames, sash, muntins, glazing, sills, heads, hoodmolds, panelled or decorated jambs and moldings, and interior and exterior shutters and blinds.

(b) Windows should have a vertical orientation, be in proportion to the structure, and have trim that accents the openings. Horizontal orientations, out-of-proportion windows and punched openings devoid of accent trim should be avoided.

(c) Commercial storefronts should have extensive glass to avoid large areas of solid walls on street fronts. At least 50 percent of front facades facing South First Street shall be glazed.

(7) Roofs, Canopies, and Awnings.

(a) Roofs and their functional and decorative features should be identified, retained, preserved, protected and maintained using generally recognized techniques for historic structures. Features may include the roof shape, such as hipped, gambrel, and mansard; decorative features such as cupolas, cresting, chimneys, and weathervanes; and roofing material such as slate, wood, clay tile, and metal, as well as its size, color, and patterning.

(b) Shingles are the preferred exposed roofing materials. Metal roofs that reflect the historical period in color and pattern are acceptable.

(c) Roofs should be pitched with a minimum slope of 6:12 vertical to horizontal ratio and a maximum of 12:12.

(d) Roofs on residential structures and on all structures in the Morris Street Commercial District shall meet the requirements of LCMC 15.50.090 (7)(c). Flat roofs should be avoided except when disguised by architectural or pitched roof features.

(e) Low pitched or sheet assembly roofs on commercial structures exposed to a street front should be hidden from view by constructing a false storefront design or parapet.

(f) Commercial structures should avoid elements on roofs that detract from the skyline view or are not part of an approved architectural design.

(g) Canopies and awnings should be in keeping with the historical period and shall not extend over public property greater than two-thirds of the distance from the property line to the nearest curb in front of the building site.

(h) Sky-lights and frames should be constructed of noncombustible materials and installed in an inconspicuous location on a noncharacter-defining roof.

(8) Entrances and Porches.

(a) Entrances and their functional decorative features should be identified, retained, preserved, protected and maintained using generally accepted techniques for historic structures. Features that are important in defining the overall historic character of the building may include doors, fanlights, sidelights, pilasters, entablatures, columns, balustrades, and stairs.

(b) Front or street elevations shall be in character with the historic period, including fenestration, ornamentation, surfaces and accessories. Improvements that enhance or preserve elements of the district are encouraged.

(c) Commercial storefront design should respect the scale, proportion and detail of the existing streetscape.

(d) Residential front entries should be evident from the street and contain elements, i.e., porches, columns, front steps, handrails, landscape that provides strength to the architectural character. The front door, storm door and side lights should be a panelized design. Avoid flush modern doors, bright aluminum storm doors, and wrought iron railings or handrails.

(e) Avoid changing existing residential front elevations or front entries that have historic character.

(9) Storefronts.

(a) There shall be a storefront and entrance for every 25 running feet of building frontage on First Street. Maximum storefront width shall be 25 feet.

(b) Storefronts and their functional and decorative features should be identified, retained, preserved, protected, and maintained using generally acceptable techniques for historic structures. Features may include display windows, signs, doors, transoms, kick plates, corner posts, and entablature.

(c) Protect storefronts against arson and vandalism during the restoration process by boarding up windows and installing alarm systems if necessary.

(10) Ornamentation.

(a) Ornamentation shall be in keeping with the historic period of the building.

(b) Large wall areas of structures with street frontage devoid of ornamentation should be avoided.

(11) Materials.

(a) Natural or historic materials typical of the district are preferred.

(b) Synthetic or composite materials are acceptable when they replicate natural or historic materials. Samples that fully display color, texture, and assembly must be approved by the planning commission or designee prior to construction.

(c) Installations or assemblies that diminish or are devoid of historic trim and detailing are to be avoided.

(12) Paint and Color. Colors should be selected from those that were considered appropriate at the time the structure was designed and built, those colors whatever they may be should be applied to the structure to enhance the design in the manner intended by the original designer, builder, and owners. [Ord. 755 §§ 6 – 10, 1999; Ord. 671 § 3.8.H.2, 1995.]

(1) Structural System.

(a) The structural systems and individual features of systems should be identified, retained, preserved, protected and maintained using generally accepted techniques for historic structures. Structural systems may include post and beam systems, trusses, summer beams, vigas, cast iron columns, above-grade stone foundation walls, or loadbearing brick or stone walls.

(b) Any new excavations adjacent to historic foundations should be limited to avoid undermining the structural stability of the building or adjacent historic buildings.

(c) Correct structural deficiencies in preparation for a new use in a manner that preserves the structural system and individual character-defining features.

(d) Design and install new mechanical or electrical systems when required for the new use which minimize the number of cutouts or holes in structural members.

(e) Add a new floor when required for the new use if such an alteration does not damage or destroy the structural system or obscure, damage, or destroy character-defining spaces, features, or finishes.

(f) An atrium or light well may be created to provide natural light in a manner that assures the preservation of the structural system as well as character-defining interior spaces, features, and finishes.

(2) Spaces, Features, and Finishes.

(a) A floor plan or interior spaces that are important in defining the overall historic character of the building should be identified, retained, preserved, protected and maintained using generally acceptable techniques for historic structures. This includes the size, configuration, proportion, and relationship of rooms and corridors; the relationship of features to spaces; and the spaces themselves such as lobbies, reception halls, entrance halls, double parlors, and important industrial or commercial use spaces.

(b) Changing interior features and finishes that contribute to the historical significance of the structure should be avoided. Features may include columns, cornices, baseboards, fireplaces and mantles, paneling, light fixtures, hardware, and flooring; and wallpaper, plaster, paint, and finishes such as stenciling, marbling, and graining; and other decorative materials that accent interior features and provide color, texture, and patterning to walls, floors and ceilings.

(c) Alterations or additions for new use should accommodate service functions such as bathrooms or mechanical equipment in secondary spaces such as first floor service areas; reusing decorative material or features; installing permanent partitions in secondary spaces; enclosing interior stairways as required by building codes so that the character is retained or constructing stairways or elevators in secondary spaces.

(d) Mechanical Systems. Heating, air conditioning, electrical, and plumbing should be installed to minimize alterations to the building floor plan, exterior elevations and damage to historic building material. [Ord. 671 § 3.8.H.3, 1995.]

(1) Building site features should be identified, retained, preserved, protected and maintained following generally accepted techniques for historic structures. Site features can include driveways, walkways, lighting, fencing, signs, benches, fountains, terraces, plants and trees, berms, and drainage.

(2) Any required landscape/open space shall be used to preserve or enhance significant natural features, landscape features, views of the Swinomish Channel and Skagit Valley, pedestrian enhancements and shoreline access areas.

(3) The historic relationship between buildings, landscape features, and open space should be retained.

(4) In all HPD areas:

(a) Lanterns, post lights, and other significant improvements should respect the historic period. Bright night lighting and strong, unshielded light sources shall be avoided. Outdoor lights shall be shielded on all sides and orientated towards the ground.

(b) Chain link fencing shall be prohibited.

(c) In commercial areas landscaping and trees shall be provided along the street frontage where possible. Amenities may take the form of seating, raised flower beds, containers or hanging baskets, lighting fixtures, paving materials, decks, and pocket parks.

(d) Obstructions to pedestrian movement shall be minimized. [Ord. 755 § 11, 1999; Ord. 671 § 3.8.H.4, 1995.]

(1) Significant buildings, streetscapes, view corridors, and landscape features shall be identified, retained, preserved, protected and maintained. Features can include streets, alleys, paving, walkways, street lights, signs, benches, parks, gardens, and trees.

(2) Morris Street Commercial District. The residential scale and proportions historically found on this street shall be maintained. Buildings were generally constructed as homes on 50-foot by 100-foot lots, with residential setbacks from all property lines. Buildings are small to medium size, although generally appear taller due to peak roofs. Examples of typical details are front porches, peaked roofs and gables; front facades are generally 25 feet in width before steeping back to a cross gable. Buildings do not generally cover the entire lot on which they sit, nor are they built property line to property line. Building setbacks and lot coverage within the Morris Street Commercial District shall be as follows:

(a) Minimum front yard – five feet. This minimum may be increased to reduce the impact of new structures on adjoining historic structures.

(b) Minimum side yard – five feet, sum of both side yards must be 15 feet.

(c) Minimum rear yard – 25 feet.

(d) Maximum allowable floor area ratio – 60 percent.

(e) Maximum lot size shall be 10,000 square feet.

(3) First Street Commercial District. The compact fabric and consistent rhythm created by the incremental construction of small to medium size buildings on the originally platted 25-foot by 100-foot lots shall be maintained. Typical details include one-story gable roof structures, false fronts, cornices and multi-paned windows.

(a) Buildings, storefronts, entrances, and variations in height, modulation, color, and building material should occur at 25-foot intervals.

(b) Buildings over 3,000 square feet gross floor area shall be designed to have the appearance of multiple buildings typically found in the district, including separate entrances, storefronts, and variation in height.

(c) On the upland side of First Street, minimum rear yard setback: 10 feet. On the waterfront side of First Street, rear yard access must be approved by the fire chief for fire safety. The decision of the fire chief is not appealable.

(d) The side yard setback may be zero clearance consistent with the setbacks of adjoining properties; provided, that the materials, access and applications are approved by the fire chief.

(e) Landscaping, at maturity, within a view corridor shall not exceed four feet in height.

Figure 10

[Ord. 1222 § 2, 2023; Ord. 1122 § 1, 2014; Ord. 899 § 1, 2003; Ord. 755 § 12, 1999; Ord. 671 § 3.8.H.5, 1995.]

(1) When modifications are necessary for historic buildings to comply with current health, safety and building code requirements, the work should be done in such a manner that character-defining spaces, features, and finishes are preserved.

(2) Where removing architectural barriers or providing accessibility would threaten or destroy the historic significance of a building or facility, special provisions as outlined in the International Building Code would apply. [Ord. 963 § 6, 2005; Ord. 671 § 3.8.H.6, 1995.]

Energy retrofitting measures should be accomplished in such a way as to ensure that the building’s historic character is preserved. [Ord. 671 § 3.8.H.7, 1995.]

(1) Building alterations or additions for new uses shall be compatible with the historic character of the district or neighborhood in terms of size, scale, design, material, color, texture, and view corridors.

(2) Additions should compliment the architectural character of the existing building in material and detail.

(3) An addition should be differentiated from the historic building so that the new work is not confused with what is genuinely part of the past.

(4) Additional stories or elements that heighten the structure should meet the standards herein and be compatible with the building and/or neighborhood.

(5) Second floor additions to existing commercial buildings on First Street shall be set back a minimum of 10 feet from the existing storefront building line so that the scale of the present streetscape is maintained.

(6) Residential additions shall be set back a minimum of five feet from the existing building line(s) or placed in the rear of the building.

(7) The total gross floor area of an addition shall be no larger than 75 percent of the total gross floor area of the original building so that it can be distinguished as a secondary structure. The addition should be recessed to mitigate the impact on the appearance of the original structure.

(8) New additions shall be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment are unimpaired. [Ord. 755 § 13, 1999; Ord. 671 § 3.8.H.8, 1995.]

*See Figure 10, LCMC 15.50.120.

(1) Accessory or infill structures and garages should be integrated with the architectural character of the main building.

(2) Residential garages should be set back and not overshadow the main structure.

(3) Garages and accessory structures shall be located to the side or rear of the principal building on the site.

(4) Exposed storage areas and accessory devices (e.g., rain barrel, garbage containers) shall be enclosed, screened or concealed so as not to detract from historic structures.

(5) Structures along waterways and docks should respect the historical period of the district, including all attachments or accessories. [Ord. 1139 § 3, 2016; Ord. 755 § 14, 1999; Ord. 671 § 3.8.H.9, 1995.]

*See Figure 10, LCMC 15.50.120.

Historic Preservation District Design Criteria Review Checklist

Applicant    File No.    

Address    

Project    

Project Location    

This checklist is to be used in conjunction with Chapter 15.50 LCMC, Historic Preservation District. Check the appropriate box below.

Applicant Signature/Date

Reasons Not Approved:    

Planning Director/Date    Planning Commission Chair/Date

[Ord. 671 § 3.8.H.10, 1995.]

The intent of this section is to ensure that commercial buildings are based on a human scale, and to ensure that large buildings reduce their apparent mass and achieve an architectural scale consistent with historic scale, forms, and proportions of buildings in the Historic Preservation District.

(1) Facade Modulation. Building facades over 25 feet in length visible from public streets or waterways and public spaces shall be stepped back or projected forward at intervals. The minimum depth of modulation should be one foot and the minimum width shall be five feet.

(a) Walls along street frontage shall be modulated every 25 feet, using changes in materials, projecting and recessing bays, fenestration, variation of building height or roof form, and other architectural details such as columns.

(b) Walls over 25 feet in length and 15 feet in height shall have, at a minimum, a 12-foot variation in building height or a 10-foot second story setback and a change of materials for each 30 feet of length.

(c) On each wall there shall be a minimum of one 150-square foot (footprint) recess or projection for every 50 running feet of wall length.

(2) Use of modulation and articulation should not be repetitive or cookie-cutter. The design should replicate the scale, forms, and features of the district.

(3) Articulation. Buildings shall be articulated to reduce the apparent scale of the buildings. Architectural details that are used to articulate the structure may include reveals, and other three-dimensional details that created shadow lines and break up the flat recesses of the facade. The following are ways which may achieve suitable building articulation:

(a) Tripartite Articulation. Provide tripartite building articulation (building top, middle and base) to provide pedestrian scale and architectural interest.

(b) Window Treatments. Provide ample articulated window treatments in facades visible from streets and public spaces for architectural interest and human scale.

(c) Architectural Elements. The mass of long or large scale buildings should be made more visually interesting by incorporating architectural elements such as arcades, balconies, bay windows, dormers, and/or columns.

(d) Rooflines. A distinctive roofline can reduce perceived building heights and mass, increase compatibility with small scale and/or residential development, and add interest to the overall design of the building in the following ways:

(i) Change the roofline by alternating dormers, stepped roofs, gables, or other roof elements to reinforce the modulation or articulation interval.

(ii) Roof designs that incorporate a variety of vertical dimensions such as multi-paned and intersecting rooflines are encouraged.

(iii) Flat-roofed designs, where permitted, shall include architectural details such as cornices and decorative facing to provide interest to the roofline.

(e) Materials. Where there is a change in the building plane, the building materials, colors, and patterns should change.

(f) Landscaping. Provide a trellis, tree or other landscape feature within each interval.

(g) Upper Story Setback. Set back upper stories which helps to reduce the apparent bulk of the building and promotes a human scale.

Figure 11. Facade Modulation. Building scale criteria 1.

Figure 12. Building scale criteria 1, 4(d) and 4(g).

[Ord. 755 §§ 15, 16, 1999.]

A binding site plan is an overlay of a site proposed for developed, new development or redevelopment. It is intended as an alternative to a subdivision, to create additional building lots, or to define building pads that are reviewed as part of a larger site plan as leasable or saleable lots. Binding site plans are subject to the provisions of RCW 58.17.035. [Ord. 1247 § 2, 2024; Ord. 1132 § 2, 2015; Ord. 807 § 1, 2001.]

The division of property by the binding site plan process may only be used for division of land for the sale or lease of property. [Ord. 1247 § 2, 2024; Ord. 807 § 1, 2001.]

Prior to applying for binding site plan approval, a proponent shall present a preliminary site plan that contains (in a rough and approximate manner) all of the information required for a formal binding site plan application. The purpose of the preliminary site plan submittal is to enable the person presenting the plan to obtain a preliminary assessment from the town as to the preliminary site plan’s compliance with adopted plans, policies and ordinances of the town. Prior to receiving binding site plan approval, an applicant is required to submit a fully completed application. The preapplication review described herein creates no rights to the proponent or obligation to the proponent by the jurisdiction. [Ord. 1247 § 2, 2024; Ord. 807 § 1, 2001.]

Applications for binding site plan approval shall be filed with the planning director. To be considered complete and considered for approval, a binding site plan must contain the following:

(1) Electronic or paper copies of the binding site plan showing:

(a) Name of the binding site plan and space for numerical assignment;

(b) Legal description of the entire parcel, legal description of each proposed lot, square footage of each lot, date, scale and north arrow;

(c) Boundary lines, rights-of-way for streets, easements and property lines of lots and other sites with accurate bearings dimensions of angles and arcs and of all curve data;

(d) Names and rights-of-way widths of streets within the parcel and immediately adjacent to the parcel;

(e) Number of each lot and block;

(f) References to covenants, joint use, access easements or other agreements either to be filed separately or with the binding site plan;

(g) Zoning setback lines and building envelopes where applicable;

(h) Location, dimension and purpose of any easements noting if the easements are private or public;

(i) Location and description of monuments and all lot corners set and found;

(j) Datum, elevations and primary control points approved by the town engineer, descriptions and ties to all control points shall be shown with dimensions, angles and bearings;

(k) A dedicatory statement acknowledging public and private dedications and grants;

(l) Parking areas, loading areas, general circulation, landscaping area;

(m) Proposed use and location of buildings with dimensions where applicable;

(2) Be submitted with the documents required by LCMC 15.55.050, 15.55.060 and 15.55.070;

(3) Be accompanied with a fee as set by the town council;

(4) A completed environmental checklist. [Ord. 1247 § 2, 2024; Ord. 807 § 1, 2001.]

(1) A survey must be performed and filed with every binding site plan. The survey must be conducted by or under the supervision of a Washington State registered land surveyor. The surveyor shall certify on the binding site plan that it is a true and correct representation of lands actually surveyed and the survey was done in accordance with state law.

(2) In all binding site plans, lot corner survey pins must be set before final approval can be granted.

(3) In all binding site plans, perimeter monuments must be set before final approval can be granted.

(4) In all binding site plans, control monuments must be set before final acceptance of public improvements.

(5) In all binding site plans, flood elevations shall be shown. [Ord. 1247 § 2, 2024; Ord. 1211 § 2(A), 2022; Ord. 807 § 1, 2001.]

(1) A certificate giving a full and correct description of the lands divided as they appear on the binding site plan, including a statement that the division has been made with the free consent and in accordance with the desires of the owners of the land covered by the binding site plan, must be filed with the application. If the binding site plan is subject to a dedication, the certificate or a separate written instrument shall also be required and contain a dedication of all streets and other public areas to the public.

(2) A certification by a licensed surveyor, licensed in the state, that the binding site plan survey is accurate and conforms to the provisions of these regulations and state law must be filed with the application.

(3) All binding site plans are required by RCW 58.17.040 to contain the following declaration:

All development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the approval of the town, and in accordance with such other governmental permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land and the development thereof. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners’ associations have a membership or other legal or beneficial interest. This binding site plan shall be binding upon all now or hereafter having any interest in the land described herein.

[Ord. 1247 § 2, 2024; Ord. 807 § 1, 2001.]

All binding site plan applications shall be accompanied by a title company certification (current within 30 days) confirming that the title of the lands as described and shown in the binding site plan are legally held in the name of the owner(s) signing the binding site plan. [Ord. 1247 § 2, 2024; Ord. 807 § 1, 2001.]

(1) The planning director administers the provisions of this chapter. Binding site plans for commercial or industrial uses shall be processed as a Type I permit. Binding site plans for proposed residential uses shall be reviewed and acted upon by the hearing examiner.

(2) A fully completed application for commercial or industrial binding site plan approval shall be approved with conditions, returned to the applicant for modifications, or denied within 28 days of its being deemed complete by the planning director unless the applicant agrees, in writing, to an extension of this period. A binding site plan application shall be deemed complete when the planning director determines the application meets the requirements of LCMC 15.55.040, 15.55.050, 15.55.060 and 15.55.070.

(3) Upon receiving a complete application for binding site plan approval, the planning director shall transmit a copy of the binding site plan, together with copies of any accompanying documents as the planning director deems appropriate, to the following:

(a) Town public works director, who shall review the proposed binding site plan with regard to its conformance to the general purposes of adopted traffic and utility plans, adequate provisions for storm drainage, streets, alleys, other public ways, water and sanitary sewer and conformance to any applicable improvement standards and specifications;

(b) Water and sewer superintendent, who shall review the proposed binding site plan with regard to its conformance to the general purposes of the adopted water and sewer regulations and conformance to any applicable improvement standards and specifications;

(c) Fire chief, who shall review the proposed binding site plan with regard to adequate provisions for emergency access;

(d) Any other town department, utility provider, school district or other public or private entity as the planning director deems appropriate.

(4) In transmitting the proposed binding site plan to the parties referenced above, the planning director shall solicit their comments and recommendations, and note the date by which comments and recommendations must be received by the planning director in order to be considered. Any comments received by that date shall be incorporated into the formal findings that will form the basis of the planning director’s decision on the binding site plan. If no comments are received from any of the parties referenced above, the planning director shall make such findings as they deem appropriate. However, in every case a proposed binding site plan shall contain a statement of approval from the town engineer as to the survey data, the layout of streets, alleys and other rights-of-way, design of sewer and water systems and other infrastructure. The planning director shall not approve a binding site plan which does not contain a statement signed by the town engineer.

(5) The planning director shall review the proposed binding site plan and determine its conformance to the general purposes of this title, its conformance with the comprehensive plan and its conformance with the zoning ordinance and any other applicable land use controls. These determinations shall form the basis of the planning director’s decision on the binding site plan. [Ord. 1247 § 2, 2024; Ord. 807 § 1, 2001.]

(1) All improvements within the BSP must be in conformance with the recorded binding site plan and any conditions placed upon the binding site plan by the planning director.

(2) Any new development within a binding site plan area is subject to the development standards of the La Conner Municipal Code and the shoreline master program.

(3) Filing a completed and approved binding site plan does not vest any development proposal associated with the binding site plan. Any proposed improvement or development within the BSP is subject to review pursuant to all applicable local, state and federal regulations. [Ord. 1247 § 2, 2024; Ord. 807 § 1, 2001.]

The following standards shall apply to binding site plans that are prepared for recording:

(1) All binding site plans shall be prepared in a manner acceptable to the county auditor for recording;

(2) All tracts, parcels and lots created by a binding site plan shall be burdened by an approved maintenance agreement maintaining access to the various lots, tracts and parcels and for the costs of maintaining landscaping and other common areas;

(3) When any lot, tract or parcel is created without street frontage, access and utility easements shall be provided and said easements shall be recorded in the county auditor’s office with the recording number and an easement notation provided on the face of the binding site plan, and shall be reviewed and approved by the fire chief as to whether adequate fire access is available;

(4) Sufficient parking for each use per Chapter 15.90 LCMC must be located on the lot where the use is located or through joint parking agreements with adjoining owners. Notations on parking agreements must be provided on the face of the binding site plan. All parking lots shall be paved and designed to control drainage on site. Types of pavements that allow for improved drainage may be used. [Ord. 1247 § 2, 2024; Ord. 1211 § 2(A), 2022; Ord. 1132 § 2, 2015; Ord. 807 § 1, 2001.]

(1) A binding site plan shall not be recorded until all land use decisions regarding the concurrent development proposal have been completed and approved.

(2) Upon approval of the binding site plan by the planning director in consultation with the town engineer and public works director, the applicant shall take the original binding site plan, obtain all other approvals from affected utilities and the county treasurer, and file it with the county auditor, conforming to statutory requirements.

(3) The applicant must provide the planning director one paper copy of the recorded document and the county assessor one paper copy of the recorded document before the binding site plan becomes valid. [Ord. 1247 § 2, 2024; Ord. 1211 § 2(A), 2022; Ord. 1132 § 2, 2015; Ord. 807 § 1, 2001.]

The recorded binding site plan may be altered at the planning director’s discretion by processing through the review/approval procedure. Alterations to a binding site plan must be recorded. [Ord. 1247 § 2, 2024; Ord. 807 § 1, 2001.]

The recorded binding site plan may be vacated by the planning director, but only after approval and recording of a new binding site plan. [Ord. 1247 § 2, 2024; Ord. 807 § 1, 2001.]

Appeals of an administrative decision relating to a binding site plan may be made to a hearing examiner pursuant to LCMC 15.135.220. [Ord. 1247 § 2, 2024; Ord. 807 § 1, 2001.]

No person shall record any binding site plan with the auditor that does not bear the verification of approval as defined by this chapter. The town will prosecute violation of this title and commence actions to restrain and enjoin a violation of this title and compel compliance with the provisions of this chapter. The costs of such action shall be the responsibility of the violator. [Ord. 1247 § 2, 2024; Ord. 807 § 1, 2001.]