Mount Vernon City Zoning Code
Division I
GENERAL PROVISIONS
§ 15.05.010 Title.
The ordinance codified under this code shall be known as the Uniform Development Code of the town of La Conner.
(Ord. 671 § 1.1, 1995)
§ 15.05.020 Authority.
This code is enacted pursuant to all the provisions and authority of the town, specifically including the requirements and authority of Chapter 36.70A RCW (the Washington State Growth Management Act).
(Ord. 671 § 1.2, 1995)
§ 15.05.030 Applicability.
(1)
General Applicability. Except as specifically provided below, the provisions of this code shall apply to all development in the town of La Conner, and no development shall be undertaken without prior authorization pursuant to this code.
(2)
Exceptions – Previously Issued and Pending Development Permits. The provisions of this code and any amendments thereto shall not affect the validity of any lawfully issued and effective development permit or to any completed permit application permitted prior to the effective date of this code; provided, that the development activity continues without interruption and in compliance with the permit (except due to war or natural disaster) until the development is complete. If the development permit expires, any further development on the site shall occur only in conformance with the requirements of this code or amendments thereto.
(3)
Consistency with the Town of La Conner Comprehensive Plan. Nothing in this code shall be construed to authorize development that is inconsistent with and does not further the framework and policy direction provided for in the adopted comprehensive plan.
(Ord. 671 § 1.3, 1995)
§ 15.05.040 Findings.
(1)
Washington State law requires local governments planning under RCW 36.70A.040 to enact a land development code which is consistent with and implements the local comprehensive plan.
(2)
Controlling the location, design and construction of development within the town of La Conner is necessary to maintain and improve the quality of life for its residents and visitors.
(3)
A single set of administrative procedures for making all land use decisions promotes efficiency, predictability, and citizen participation.
(4)
All development proposals should undergo a development review process to assure compliance with the requirements of this code.
(5)
Enforcement of development orders and the provisions of this code should be through procedures that are efficient, effective and consistent with the enforcement procedures established by state law.
(Ord. 671 § 1.4, 1995)
§ 15.05.050 Purpose.
The purpose of this code is to:
(1)
Implement the town's comprehensive plan as required by the state of Washington's Growth Management Act, Chapter 36.70A RCW;
(2)
Further the objectives and goals of the comprehensive plan by assuring orderly community growth, conserving the value of property, and safeguarding the public health, safety and welfare through land use and development regulations which:
(a)
Promote appropriate and compatible land uses;
(b)
Provide for efficient and safe traffic flow;
(c)
Provide for adequate light, air, access and privacy and open space;
(d)
Provide for relief from manmade or natural hazards;
(e)
Provide an appropriate allotment of land for all requirements of community life;
(f)
Preserve and restore the historic value, artistic, and cultural traditions of La Conner;
(g)
Conserve the town's natural beauty and resources;
(h)
Encourage coordinated development;
(i)
Provide a predictable development atmosphere;
(3)
Establish the regulations, procedures and standards for review and approval of all proposed development within the town's boundaries;
(4)
Provide specific procedures to ensure that development orders and permits are conditioned on the availability of public facilities and services that meet adopted levels of service and concurrency management standard requirements and ensure development is consistent with the comprehensive plan;
(5)
Adopt a development review process that is efficient in terms of time and expense, effective in terms of addressing the natural resource and public facility implications of proposed development, and equitable in terms of consistency with established regulations and procedures, respect for the rights of property owners, and consideration of the interests of the citizens of the town;
(6)
Ensure that all development proposals are thoroughly and efficiently reviewed for compliance with the requirements of this code, the town comprehensive plan, and other applicable regulations.
(Ord. 671 § 1.5, 1995)
§ 15.05.060 Relationship to comprehensive plan.
The adopted uniform land development code for the town of La Conner is a means to implement the goals and policies of the comprehensive plan relating to land use, housing, utilities, transportation, storm water management, floodplain management, protection of environmentally sensitive areas, and cultural resources.
(Ord. 671 § 1.6, 1995)
§ 15.05.070 Rules of interpretation.
(1)
Interpretation. The provisions of this code shall be held to the minimum requirements for protection of public health, safety and general welfare.
(2)
Compliance with the comprehensive plan, and where applicable, to the shoreline master program will be required.
(3)
Private Agreements. This code supersedes a private agreement only when this code is more restrictive or imposes higher standards.
(4)
Status of Nonconforming Uses. No building, structure, or use which was lawful prior to this code shall become unlawful solely by reason of the adoption of this code, except as provided in LCMC § 15.125.010, Existing Nonconforming Development.
(5)
For the purpose of this code certain terms or words used shall mean the following:
(a)
"Person" means an individual, trustee, executor, other fiduciary, corporation, firm, partnership, association, organization, or other entity acting as an individual.
(b)
Tense. Present tense shall include the future tense.
(c)
Number. Words in the singular shall include the plural, and words in the plural number shall include the singular.
(d)
Verb Tense. "Shall" and "will" are considered mandatory directives or requirements; "may" and "should" are considered to be expectations.
(e)
Written or In Writing. The term "written" or "in writing" shall be construed to include any physical representation of words, letters or figures, whether by printing or otherwise.
(f)
"Year" means a calendar year.
(g)
"Day" means a calendar day, unless a working day is indicated. In computing any period of time prescribed by this chapter within which an act is to be done, the time shall be computed as follows: The first day shall be excluded and the last day shall be included, unless the last day is a holiday, a Saturday, or a Sunday, in which case that day is also excluded. Time periods of six days or less shall not include weekends or legal holidays.
(h)
Boundaries. Interpretations regarding boundaries of land use classifications shall be made in accordance with the following:
(i)
Boundaries shown as following or approximately following any street shall be construed as following the center line of the street.
(ii)
Boundaries shown as following or approximately following any platted lot line or other property line shall be construed as following such line.
(iii)
Boundaries shown as following or approximately following section lines, half-section lines, or quarter-section lines shall be construed as following such lines.
(iv)
Boundaries shown as following or approximately following natural features shall be construed as following such features.
(v)
Vacated streets and alleys shall assume the zone classification of abutting property with the former center line as the new boundary.
(vi)
When any uncertainty exists as to zone boundaries, the planning commission and/or town council may require the interested parties to determine the location of boundaries by survey.
(6)
All activities that are not permitted as a right or by permit shall be prohibited.
(Ord. 671 § 1.7, 1995; Ord. 906 § 3, 2003; Ord. 1222 § 2, 2023)
§ 15.05.080 Boundaries – Map.
This code consists of the text together with a map (Appendix A), which is on file at the office of the town clerk, showing the boundaries of different use districts. Unless otherwise specified the zone boundary lines are the center lines of the street, public alleys, highways or waterways. In the case of navigable water, the center line of the Swinomish Channel shall be the boundary line. The Historic Preservation District overlies portions of the commercial, residential, and public zones.
(Ord. 671 § 1.8, 1995)
§ 15.05.090 Annexations.
At the time of annexation, after proper public hearing, evaluation, and recommendation by the planning commission based upon the comprehensive plan and the current use of the area, the town council will assign to the area an appropriate zoning classification. Annexation procedures are outlined in Chapter 15.125 LCMC.
(Ord. 671 § 1.9, 1995)
§ 15.10.005 Applicability.
For the purpose of this code, the following definitions as set forth in this chapter shall apply. Except where specifically defined in this chapter, all words used in this title shall carry their customary meanings. Words used in the present tense include the future, and the plural includes the singular. The word "shall" is always mandatory, and the word "may" denotes a use of discretion in making a decision. The words "used" or "occupied" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied." Variances from these definitions shall not be granted.
(Ord. 671 § 2, 1995; Ord. 1247 § 2, 2024)
§ 15.10.010 Abandoned sign.
"Abandoned sign"
means a sign that no longer correctly identifies or advertises any person, business, lessor, lessee, owner, product or activity on or off the premises on which the sign is located.
(Ord. 671 § 2, 1995; Ord. 1222 § 2, 2023)
§ 15.10.015 Abut.
"Abut"
means to physically touch or border upon, or to share a common property line. Abutting property does not include property that is separated by a street or alley, unless such street or alley is privately owned by the neighboring properties.
(Ord. 671 § 2, 1995; Ord. 1247 § 2, 2024)
§ 15.10.020 Access road.
"Access road"
means a minor street which collects traffic from other minor streets and serves as the most direct route to a major street or a community facility.
(Ord. 671 § 2, 1995)
§ 15.10.025 Accessory building.
"Accessory building"
means a one-story detached structure, the use of which is incidental to the primary use of the principal structure on a lot and is not used for human habitation. Accessory buildings include, but are not limited to, storage sheds, tool sheds, garden buildings, greenhouses, kennels, barns, and garages.
(Ord. 671 § 2, 1995)
§ 15.10.030 Accessory dwelling unit.
"Accessory dwelling unit"
means an additional dwelling unit, including separate kitchen, sleeping, and bathroom facilities, either within the primary residential dwelling unit, attached, or separate from the primary residential dwelling unit on a single-household lot.
(Ord. 671 § 2, 1995; Ord. 1247 § 2, 2024)
§ 15.10.035 Accessory use or structure.
"Accessory use or structure"
means a use of land or structure or portion thereof customarily incidental and subordinate to the principal use of the land or structure and located on the same parcel with the principal use.
(Ord. 671 § 2, 1995)
§ 15.10.040 Adjacent.
"Adjacent"
means within 100 feet of proposed project site boundaries for steep slopes; 25 feet of a nontidal wetland; and 300 feet of lands classified agricultural.
(Ord. 671 § 2, 1995)
§ 15.10.043 Administrative conditional use.
"Administrative conditional use"
means a use addressing a limited or specific need but, due to a potential adverse effect upon permitted uses or public services and facilities, is only allowed subject to review by the planning director of the use standards of the district, and the certain criteria in this code.
(Ord. 901 § 1, 2003; Ord. 955, 2005)
§ 15.10.045 Adult family home.
"Adult family home"
means a regular family abode of a person or persons who are providing personal care, room, and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services; except that a maximum of eight adults may be permitted if the Washington State Department of Social and Health Services determines that the home is of adequate size and that the home and the provider are capable of meeting standards and qualifications as provided for by law (RCW 70.128.010). Adult family homes are a permitted use in all areas zoned for residential use (RCW 70.128.175).
(Ord. 671 § 2, 1995; Ord. 1247 § 2, 2024)
§ 15.10.050 Adverse effect.
"Adverse effect"
means any modifications, alterations, or effects on waters, associated wetlands, or shorelands, including their quality, quantity, hydrology, surface area, species composition, or usefulness for human or natural uses which are or may potentially be harmful or injurious to human health, welfare, safety or property, to biological productivity, diversity, or stability or which unreasonably interfere with the reasonable use of property, including outdoor recreation. The term includes secondary and cumulative as well as direct impacts.
(Ord. 671 § 2, 1995)
§ 15.10.055 Advertising.
"Advertising"
means any display of letters, works, symbols, emblems, logos, illustrations, objects or registered trademarks which serve to call the attention of the public to products, services, businesses, buildings, premises, events, candidates or ballot propositions.
(Ord. 671 § 2, 1995)
§ 15.10.060 Aged person.
"Aged person"
means a person of the age of 65 or more, or a person of less than 65 years who by reason of infirmity requires domiciliary care.
(Ord. 671 § 2, 1995)
§ 15.10.065 Agricultural lands of long-term significance.
"Agricultural lands of long-term significance"
means land that is primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, animal products, berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, or livestock, and that has long-term commercial significance for agricultural production.
(Ord. 671 § 2, 1995)
§ 15.10.070 Alley.
"Alley"
means a minor street primarily used for vehicular service access to the back or side of properties abutting on another street. An alley is typically not intended for general traffic circulation.
(Ord. 671 § 2, 1995; Ord. 1247 § 2, 2024)
§ 15.10.075 Alter or alteration.
"Alter" or "alteration"
means any change, addition or modification in construction or occupancy.
(Ord. 671 § 2, 1995)
§ 15.10.080 Alterations, structural.
"Structural alterations"
means any change in the supporting members of a building such as bearing walls, columns, beams or girders.
(Ord. 671 § 2, 1995)
§ 15.10.085 Annexation.
"Annexation"
means addition of real property to the boundaries of an incorporated municipality.
(Ord. 671 § 2, 1995)
§ 15.10.087 Antenna.
"Antenna"
means a usually metallic device (as a rod or wire) for radiating or receiving radio waves, and often mounted on a support structure. For the purposes of this code, associated support structures are deemed to be an integral part of an antenna. The term "antenna" does not include wireless communication facilities or their associated structures unless specifically stated.
(Ord. 786 § 2, 2000)
§ 15.10.090 Appeal.
"Appeal"
means request for reconsideration of a decision made as a result of an interpretation of any provision of this code. An appeal of an administrative decision is made to the hearing examiner. An appeal of a hearing examiner decision is made to Skagit County superior court. The timing of an appeal may be limited by a specified time period.
(Ord. 671 § 2, 1995; Ord. 1247 § 2, 2024)
§ 15.10.095 Architectural features.
"Architectural features"
means features including, but not limited to, cornices, canopies, sunshades, gutters, chimneys, fireplaces, flues and eaves. Architectural features shall not include any portion of the structure built for the support, occupancy, shelter, or enclosure of persons or property of any kind.
(Ord. 671 § 2, 1995)
§ 15.10.100 Area of special flood hazard.
"Area of special flood hazard"
means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Designation on the FIRM map for La Conner includes zones A1, A7, and C.
(Ord. 671 § 2, 1995)
§ 15.10.103 Automatic fire sprinkler system.
"Automatic fire sprinkler system"
means an integrated system of underground and overhead piping, including a water supply such as a gravity tank, fire pump, reservoir, pressure tank, or connection by underground piping to a public main; said system complying in all respects with the requirements for such systems contained in appropriate standards issued by the National Fire Protection Association.
(Ord. 778 § 1, 2000)
§ 15.10.104 Awning.
"Awning"
means a shelter, typically for a pedestrian walkway, that projects from and is supported by the exterior wall of a building. Awnings have noncombustible frames, but may have combustible coverings. Awnings may be fixed, retractable, folding or collapsible. Any structure which extends above any adjacent parapet or roof of a supporting building is not included within the definition of "awning."
(Ord. 1247 § 2, 2024)
§ 15.10.105 Awning sign.
Awning Sign.
See "canopy sign."
(Ord. 671 § 2, 1995)
§ 15.10.110 Banner, decorative.
"Decorative banner"
means an object made of cloth, fabric or similar flexible material which is completely devoid of letters, numbers, words or advertising. Streamers shall not be considered decorative banners.
(Ord. 671 § 2, 1995)
§ 15.10.115 Banner sign.
"Banner sign"
means any sign intended to be hung, with or without framing, which possesses characters, letters, symbols, emblems, trademarks, illustrations or ornamentations applied to fabric or similar flexible material. Flags, decorative banners, canopy (awning) signs and temporary signs, treated elsewhere in this chapter, shall not be considered banner signs.
(Ord. 671 § 2, 1995; Ord. 1222 § 2, 2023)
§ 15.10.120 Base flood.
"Base flood"
means the flood having a one percent chance of being equaled or exceeded in any given year; also known as the 100-year flood.
(Ord. 671 § 2, 1995)
§ 15.10.123 Basement.
"Basement"
means any area of the building having its floor subgrade (below ground level) on all sides. (Note: Exception for crawlspaces compliant with FEMA Technical Bulletin 11-01.)
(Ord. 1132 § 1, 2015)
§ 15.10.125 Bed and breakfast.
"Bed and breakfast"
means a use carried on in a structure designed for residential purposes which provides overnight accommodations plus breakfast and occasionally family-style meals for guests, in an owner-occupied home that provides up to three rooms for this purpose. The occupying owner(s) must own a majority interest in the residence or a majority interest in the entity that owns the residence upon which the bed and breakfast is located. The bed and breakfast is not allowed to be located in a detached building accessory to the primary structure designed for residential purposes.
(Ord. 671 § 2, 1995; Ord. 1040 § 4, 2010; Ord. 1126 § 1, 2015; Ord. 1191 § 2 (Exh. A), 2020)
§ 15.10.128 Bedroom.
"Bedroom"
means a room in a dwelling unit which is intended to be used primarily for sleeping, or a room which, in the judgment of the planning director, is likely to serve primarily as a room for sleeping.
(Ord. 1247 § 2, 2024)
§ 15.10.130 Best management practice (BMP).
"Best management practice (BMP)"
means physical, structural, and/or managerial practices that, when used singly or in combination, prevent or reduce pollution of water. BMPs are listed and described in the Storm Water Management Manual for the Puget Sound Basin.
(Ord. 671 § 2, 1995)
§ 15.10.135 Boarding home.
"Boarding home"
means any home or other institution, however named, which is advertised, announced or maintained for the express or implied purpose of providing board and domiciliary care to three or more aged persons not related by blood or marriage to the operator. It shall not include facilities certified as group training homes pursuant to RCW 72A.22.040, nor any home, institution or section thereof which is otherwise licensed and regulated under the provisions of state law providing specifically for the licensing and regulation of such home, institution or section thereof. Nor shall it include any independent senior housing, independent living units in continuing care retirement communities, or other similar living situations including those subsidized by the Department of Housing and Urban Development.
(Ord. 671 § 2, 1995)
§ 15.10.140 Boarding house, rooming house.
Repealed by Ord. 1247.
(Ord. 671 § 2, 1995)
§ 15.10.145 Board of adjustment.
Repealed by Ord. 898.
(Ord. 671 § 2, 1995)
§ 15.10.150 Buffer.
"Buffer"
means a naturally vegetated area or vegetated area established or managed to protect critical areas from human disturbance.
(Ord. 671 § 2, 1995)
§ 15.10.155 Building.
"Building"
means any structure used or intended for supporting or sheltering any use or occupancy. When separated by division walls without openings, each portion so separated shall be considered a separate building.
(Ord. 671 § 2, 1995)
§ 15.10.160 Building height (floodplain).
Repealed by Ord. 986.
(Ord. 671 § 2, 1995)
§ 15.10.165 Building height.
"Building height"
means the vertical distance from the average lot grade to the highest point of the roof or any portion of the building. Any element of a building, such as a chimney, elevator shaft, skylight, or other building element, shall be subject to the maximum height limits as set forth in this title. Average lot grade shall be determined by averaging the lowest and highest existing elevation points on the lot.
(Ord. 671 § 2, 1995; Ord. 986 § 8, 2007; Ord. 1247 § 2, 2024)
§ 15.10.170 Building line.
"Building line"
means the line of that face or corner or part of a building nearest the property line.
(Ord. 671 § 2, 1995)
§ 15.10.173 Building permits.
"Building permits"
means those permits issued pursuant to LCMC § 13.05.010, Uniform Building, Plumbing, Fire and Mechanical Codes.
(Ord. 743 § 1, 1999)
§ 15.10.175 Building, principal.
"Principal building"
means the primary building on a lot or a building that houses a principal use.
(Ord. 671 § 2, 1995)
§ 15.10.180 Canopy sign.
"Canopy sign"
means a temporary or fixed shelter supported entirely from the exterior wall of a building without other means of support to the ground upon which a sign may be erected upon or against and which contains advertising copy. For the purpose of this chapter, canopy shall include awning.
(Ord. 671 § 2, 1995; Ord. 1222 § 2, 2023)
§ 15.10.185 Certificate of authorization.
"Certificate of authorization"
means a written authorization, issued by the town of La Conner once all applicable project permits have been obtained, which authorizes the commencement of a use or development activity, and/or which allows Skagit County to review and issue a building permit.
(Ord. 671 § 2, 1995; Ord. 743 § 1, 1999)
§ 15.10.190 Certificate of occupancy.
"Certificate of occupancy"
means a written certification that a development meets all requirements of applicable codes and may be legally occupied. It is issued by the Skagit County Permit Center and the town of La Conner after final inspection of the completed work authorized by permit and before the development is occupied. No building or structure shall be occupied, except for construction activities, until a certificate of occupancy has been issued.
(Ord. 671 § 2, 1995; Ord. 1247 § 2, 2024)
§ 15.10.195 Certificate of concurrency.
"Certificate of concurrency"
means a certificate issued to the developer/applicant once the proposed development has been determined to be concurrent with the Concurrency Management System's Annual Capacity Statements in accordance with the comprehensive plan.
(Ord. 671 § 2, 1995)
§ 15.10.197 Church.
"Church"
means a building or structure, or groups of buildings or structures, which by design and construction are primarily intended for the conducting of organized religious services and accessory uses associated therewith.
(Ord. 1247 § 2, 2024)
§ 15.10.200 Clearing.
"Clearing"
means the destruction and removal of vegetation by manual, mechanical, or chemical methods.
(Ord. 671 § 2, 1995)
§ 15.10.205 Closed record appeal.
"Closed record appeal"
means an administrative appeal on the record to a local government body or officer, including the town council, following an open record hearing on a project permit application when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed.
(Ord. 671 § 2, 1995)
§ 15.10.210 Club.
"Club"
means a building or portion thereof or premises owned or operated by persons for a social, literary, political, educational or recreational purpose primarily for the exclusive use of members and their guests.
(Ord. 671 § 2, 1995)
§ 15.10.211 Coliving housing.
"Coliving housing"
means a residential development with sleeping units that are independently rented and lockable and provide living and sleeping space, and residents share kitchen facilities with other sleeping units in the building. Coliving housing shall not be used for short-term rental.
(Ord. 1247 § 2, 2024)
§ 15.10.215 Compaction.
"Compaction"
means densification of a fill by mechanical means.
(Ord. 671 § 2, 1995)
§ 15.10.220 Commemorative plaque.
"Commemorative plaque"
means a memorial plaque, sign, plate or tablet which is permanently affixed to or near the structure, object or event it is intended to commemorate and which displays no advertising.
(Ord. 671 § 2, 1995; Ord. 1222 § 2, 2023)
§ 15.10.225 Commercial.
"Commercial"
means activities and facilities conducted or constructed for profit. Nonprofit activities are included within this definition.
(Ord. 671 § 2, 1995; Ord. 1247 § 2, 2024)
§ 15.10.230 Community event.
"Community event"
means a public event organized for the benefit of the community, designated by the town council.
(Ord. 671 § 2, 1995)
§ 15.10.232 Community residential facility.
Any dwelling licensed, certified or authorized by state, federal or local authorities as a residence for children or adults with physical, developmental or mental disabilities; dependent children or elderly individuals in need of supervision, support and/or independent living training; domestic violence shelters, and rape relief shelters. Does not include halfway houses or secure community transition facilities.
(Ord. 1261 § 2, 2025)
§ 15.10.233 Community treatment facility.
Any dwelling or building licensed, certified or authorized by state, federal or local authorities as a residence and treatment facility for children or adults with mental disabilities, alcoholism or drug abuse problems, needing a supervised living arrangement and rehabilitation services on a short-term or long-term basis. Does not include detoxification centers, halfway houses, crisis residential centers or secure community transition facilities.
(Ord. 1261 § 2, 2025)
§ 15.10.235 Compatibility.
"Compatibility"
means the characteristics of different uses or activities that permit them to be located near each other in harmony and without conflict.
(Ord. 671 § 2, 1995)
§ 15.10.240 Compensatory mitigation.
"Compensatory mitigation"
means replacing project-induced nontidal wetland losses or impacts, and includes, but is not limited to, the following: restoration – actions to restore a nontidal wetland; and creation – actions intentionally taken to establish a nontidal wetland at a site where it did not formerly exist.
(Ord. 671 § 2, 1995)
§ 15.10.245 Comprehensive plan.
"Comprehensive plan"
means a generalized coordinated land use plan for community development which includes goals, policies, mandatory elements for land use, housing, utilities, transportation, capital facilities, and/or optional elements including, but not limited to, conservation, solar energy, and recreation, as may be identified or defined in the state of Washington's Growth Management Act.
(Ord. 671 § 2, 1995; Ord. 1247 § 2, 2024)
§ 15.10.250 Concurrency.
"Concurrency"
means a condition where specified facilities and services have or will have the necessary capacity to meet the adopted level of service standard at the time of development impact, or within the six-year capital facilities plan.
(Ord. 671 § 2, 1995)
§ 15.10.255 Conditional use.
"Conditional use"
means a use addressing a limited or specific need but, due to a potential adverse effect upon permitted uses or public services and facilities, is only allowed subject to review by the hearing examiner, of the use standards of the district, and the certain criteria in this code.
(Ord. 671 § 2, 1995; Ord. 901 § 2, 2003; Ord. 1222 § 2, 2023; Ord. 1247 § 2, 2024)
§ 15.10.256 Conditional use, administrative.
Some conditional uses, due to the limited potential impact of the proposed use, are considered as administrative conditional uses that may be approved by the planning director.
(Ord. 1247 § 2, 2024)
§ 15.10.260 Condominium.
"Condominium"
means real property, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real property is not a condominium unless the undivided interests in the common elements are vested in the unit owners, and unless a declaration and a survey map and plans have been recorded pursuant to Chapter 64.34 RCW, Condominium Act.
(Ord. 671 § 2, 1995)
§ 15.10.263 Construction permit.
"Construction permits"
means those permits issued pursuant to LCMC Titles 11 and 12.
(Ord. 743 § 1, 1999)
§ 15.10.265 Convalescent or nursing home.
"Convalescent or nursing home"
means an establishment providing nursing, dietary and other personal services to convalescents, invalids, or aged persons, but not mental cases and cases for contagious or communicable diseases which are customarily treated in sanitariums and hospitals.
(Ord. 671 § 2, 1995)
§ 15.10.270 Corner lot.
"Corner lot"
means a lot located at the intersection of two or more streets.
(Ord. 671 § 2, 1995)
§ 15.10.275 Cost of construction.
"Cost of construction"
means costs incurred for design, acquisition of right-of-way and/or easement, construction, materials, and installation required in order to create an improvement which complies with town standards.
(Ord. 671 § 2, 1995)
§ 15.10.280 Critical areas.
"Critical areas"
means, at a minimum, areas which include wetlands, areas with a critical recharging effect on aquifers used for potable water, fish and wildlife habitat conservation areas, frequently flooded areas, geologically hazardous areas, including unstable slopes, and associated areas and ecosystems.
(Ord. 671 § 2, 1995)
§ 15.10.285 Critical facility.
"Critical facility"
means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire, and emergency response installations, installations which produce, use, or store hazardous materials or hazardous waste.
(Ord. 671 § 2, 1995)
§ 15.10.290 Cul-de-sac.
"Cul-de-sac"
means a local street of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround.
(Ord. 671 § 2, 1995)
§ 15.10.300 Dead end street.
"Dead end street"
means a street having only one permanent or temporary outlet for vehicular traffic which may or may not be extended to intersect with another street.
(Ord. 671 § 2, 1995)
§ 15.10.305 Dedication.
"Dedication"
means the deliberate appropriation of land by an owner for any general and public uses, reserving to himself no other rights than such are as compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.
(Ord. 671 § 2, 1995)
§ 15.10.307 Demolition.
"Demolition"
means the destruction, removal, or relocation of more than 50 percent of an existing structure whether removed at one time or through successive actions, except that the removal of past structural additions for the express purpose of restoring a structure to its historic appearance, form or function shall be considered restoration.
(Ord. 720 § 2, 1998)
§ 15.10.310 Density.
"Density"
means the number of dwelling units per acre of land.
(Ord. 671 § 2, 1995)
§ 15.10.315 Density, gross.
"Gross density"
means the number of dwelling units per acre of the total land to be developed. The total number of dwelling units divided by the total site area, less public right-of-way. Gross density is computed by dividing all the lands occupied by housing plus all its support facilities, such as streets, parks, and public facilities, by the number of dwelling units.
(Ord. 671 § 2, 1995)
§ 15.10.320 Density, net.
"Net density"
means the number of dwelling units per acre of land when the acreage involved includes only the sum of the individual lots. Net density is computed by dividing all the lands assigned to particular structures by the total number of dwelling units.
(Ord. 671 § 2, 1995)
§ 15.10.325 Design review.
"Design review"
means a review of proposed development for compliance with standards set for a particular zone.
(Ord. 671 § 2, 1995)
§ 15.10.330 Design storm.
"Design storm"
means a prescribed hyetograph and total precipitation amount (for a specific duration recurrence frequency) used to estimate runoff for a hypothetical storm of interest or concern for the purposes of analyzing existing drainage, designing new drainage facilities or assessing other impacts of a proposed project on the flow of surface water. (A hyetograph is a graph of percentages of total precipitation for a series of time steps representing the total time during which the precipitation occurs.)
(Ord. 671 § 2, 1995)
§ 15.10.335 Detention.
"Detention"
means the release of storm water runoff from the site at a slower rate than it is collected by the storm water facility system, the difference being held in temporary storage.
(Ord. 671 § 2, 1995)
§ 15.10.340 Detention facility.
"Detention facility"
means an above or below ground facility, such as, but not limited to, a pond or tank, that temporarily stores storm water runoff and subsequently releases it at a slower rate than it is collected by the drainage facility system. There is little or no infiltration of stored storm water.
(Ord. 671 § 2, 1995)
§ 15.10.345 Developer.
"Developer"
means a person, individual, corporation, or partnership responsible for any undertaking that requires a permit from the town of La Conner.
(Ord. 671 § 2, 1995; Ord. 1247 § 2, 2024)
§ 15.10.350 Development or development activity.
"Development" or "development activity"
means any manmade change to improved or unimproved real estate, including but not limited to:
(1)
Construction, clearing, grading, filling, excavating, paving, dredging, mining, drilling or otherwise significantly disturbing the soil of a site;
(2)
Building, installing, enlarging, replacing or substantially restoring a structure, impervious surface, or water management system, and including the long-term storage of materials or equipment;
(3)
Subdividing land into two or more parcels;
(4)
Tree removal for which authorization is required under this code;
(5)
Construction of a permanent sign unless expressly exempted by code;
(6)
Alteration of a historic property for which authorization is required by code;
(7)
Changing the use of a site so that the need for parking is increased; or
(8)
Construction, elimination or alteration of a driveway onto a public street.
(Ord. 671 § 2, 1995; Ord. 962 § 1, 2005)
§ 15.10.355 Development exaction.
"Development exaction"
means any charge or dedication for, or construction of, a public facility improvement that is required as a condition of approval for a development project.
(Ord. 671 § 2, 1995)
§ 15.10.360 Directional sign.
"Directional sign"
means a sign which contains specific directional information and contains no advertising.
(Ord. 671 § 2, 1995; Ord. 1222 § 2, 2023)
§ 15.10.365 Directory sign.
"Directory sign"
means a sign which displays exclusively the names, logos and locations of occupants or uses of a building or complex. No other advertising shall be included.
(Ord. 671 § 2, 1995; Ord. 1222 § 2, 2023)
§ 15.10.370 Domiciliary care.
"Domiciliary care"
means the care offered an individual in his or her living accommodation which includes the assumption of a general responsibility for the safety and well-being of the individual and provision of assistance in the activities of daily living, as needed.
(Ord. 671 § 2, 1995)
§ 15.10.375 Driveway.
"Driveway"
means that portion of a vehicle accommodation area that consists of a travel lane bounded on either side by an area that is not part of the vehicle accommodation area.
(Ord. 671 § 2, 1995)
§ 15.10.380 Dwelling unit.
"Dwelling unit"
means an enclosure containing sleeping, kitchen, and bathroom facilities designed for and used or held ready for use as permanent residence by one household.
(Ord. 671 § 2, 1995; Ord. 1247 § 2, 2024)
§ 15.10.385 Dwelling, duplex.
"Duplex dwelling"
means a detached building containing two dwelling units, each containing sleeping, kitchen, and bathroom facilities, and designed for and used or held ready for use by two households living independently of each other.
(Ord. 671 § 2, 1995; Ord. 1247 § 2, 2024)
§ 15.10.390 Dwelling, multihousehold.
"Multihousehold dwelling"
means a detached building containing three or more dwelling units, each containing sleeping, kitchen, and bathroom facilities, and designed for and used or held ready for use by three or more households living independently of each other.
(Ord. 671 § 2, 1995; Ord. 1247 § 2, 2024)
§ 15.10.395 Dwelling, single-household.
"Single-household dwelling"
means a detached building containing one dwelling unit with sleeping, kitchen, and bathroom facilities designed for and used or held ready for use exclusively by one household and the household employees of that household.
(Ord. 671 § 2, 1995; Ord. 1247 § 2, 2024)
§ 15.10.400 Earth material.
"Earth material"
means any rock, natural soil or fill and/or any combination thereof.
(Ord. 671 § 2, 1995)
§ 15.10.405 Easement.
"Easement"
means the right of a person, government agency, or public utility company to use public or private land owned by another for a specific purpose. "Easement" means land which has specific air, surface or subsurface rights conveyed for use by someone other than the owner of the subject property or to benefit some property other than the subject property.
(Ord. 671 § 2, 1995; Ord. 1247 § 2, 2024)
§ 15.10.410 Effective date.
"Effective date"
means, following the adoption by the town council, the date in which a land use regulation ordinance takes effect.
(Ord. 671 § 2, 1995; Ord. 932 § 3, 2004; Ord. 1247 § 2, 2024)
§ 15.10.412 Elderly adult residency requirement.
"Elderly adult residency requirement"
means that an adult residency requirement is in place that specifies that no person shall reside in a dwelling unit specified as "specialized housing units for the elderly" unless such a person is 55 years of age or older, or the spouse of a resident adult.
(Ord. 1247 § 2, 2024)
§ 15.10.413 Elevation certificate.
"Elevation certificate"
means the official form (FEMA Form 81-31) used to track development; provide elevation information necessary to ensure compliance with community floodplain management ordinances; and determine the proper insurance premium rate with Section B completed by community officials.
(Ord. 1132 § 1, 2015)
§ 15.10.414 Emergency housing.
"Emergency housing"
means temporary (usually 60 days or less) indoor accommodations for individuals or families who are homeless or at imminent risk of becoming homeless, which accommodation is intended to address the basic health, food, clothing, and personal hygiene needs of individuals or families. Emergency housing may or may not require occupants to enter into a lease or an occupancy agreement.
(Ord. 1211 § 2(A), 2022)
§ 15.10.414.5 Emergency shelter.
"Emergency shelter"
means a facility that provides a temporary shelter for individuals or families who are currently homeless. Emergency shelter may not require occupants to enter into a lease or an occupancy agreement. Emergency shelter facilities may include day and warming and/or cooling centers that do not provide overnight accommodations.
(Ord. 1211 § 2(A), 2022)
§ 15.10.415 Environmentally sensitive areas.
"Environmentally sensitive areas"
means resource lands of long-term significance or critical areas.
(Ord. 671 § 2, 1995)
§ 15.10.417 Equipment shelters or cabinets.
"Equipment shelters or cabinets"
means a shelter or cabinet used to house radio electronic equipment and the associated cabling related to the provision of wireless communication facilities.
(Ord. 786 § 2, 2000)
§ 15.10.420 Erosion.
"Erosion"
means the wearing away of the land surface by running water, wind, ice, or other geological agents, including such processes as gravitational creep, detachment and movement of soil or rock fragments by water, wind, ice, or gravity.
(Ord. 671 § 2, 1995)
§ 15.10.422 Essential public facilities.
"Essential public facilities"
are public facilities that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities as defined in RCW 47.06.140, regional transit authority facilities as defined in RCW 81.112.020, state and local correctional facilities, solid waste handling facilities, opioid treatment programs including both mobile and fixed-site medication units, recovery residences, harm reduction programs excluding safe injection sites, and inpatient facilities including substance use disorder treatment facilities, mental health facilities, group homes, community facilities as defined in RCW 72.05.020, and secure community transition facilities as defined in RCW 71.09.020.
(Ord. 1261 § 2, 2025)
§ 15.10.425 Excavation.
"Excavation"
means the mechanical removal of earth material.
(Ord. 671 § 2, 1995)
§ 15.10.430 Exception.
"Exception"
means permission granted by the planning commission or town council for an applicant to proceed contrary to the provisions of this code.
(Ord. 671 § 2, 1995)
§ 15.10.435 Facade.
"Facade"
means the side of a building which contains a major entrance open for public use.
(Ord. 671 § 2, 1995)
§ 15.10.440 Factory-built structure.
"Factory-built structure"
means a structure that is constructed off site, that is designed for occupation or use, or is occupied or used by persons, and that complies with this code. Factory-built structures include factory-built housing and commercial structures.
(Ord. 671 § 2, 1995; Ord. 1247 § 2, 2024)
§ 15.10.445 Family.
Repealed by Ord. 1247.
(Ord. 671 § 2, 1995)
§ 15.10.448 Fence.
"Fence"
means an artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas, excluding vine arbors and trellises used for landscaping purposes and approved by the town.
(Ord. 1247 § 2, 2024)
§ 15.10.450 Fill.
"Fill"
means any material deposited on a site for the primary purpose of raising the existing ground elevation.
(Ord. 671 § 2, 1995)
§ 15.10.452 Fire lane.
"Fire lane"
means that portion of a public right-of-way or easement, parking lot, or driveway designated for access by fire vehicles, and where no other vehicular parking is permitted.
(Ord. 1211 § 2(A), 2022)
§ 15.10.455 Flood or flooding.
"Flood" or "flooding"
means a general and temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of inland or tidal waters; and/or (2) the unusual and rapid accumulation of runoff of surface waters from any source.
(Ord. 671 § 2, 1995)
§ 15.10.460 Flashing sign.
"Flashing sign"
means a sign, or a portion thereof, which changes light intensity in a repetitive pattern, or uses electrical energy to provide motion or the illusion of motion.
(Ord. 671 § 2, 1995; Ord. 1222 § 2, 2023)
§ 15.10.465 Flood insurance rate map (FIRM).
"Flood insurance rate map (FIRM)"
means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
(Ord. 671 § 2, 1995)
§ 15.10.470 Flood insurance study.
"Flood insurance study"
means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood.
(Ord. 671 § 2, 1995)
§ 15.10.475 Floor area, usable.
"Usable floor area"
means the sum of the gross horizontal areas of the floors of a building or buildings, measured from the exterior faces of exterior walls and from the center line of division walls. Floor area includes basement space, elevator shafts and stairwells at each floor, mechanical equipment rooms or attic spaces with headroom of seven feet six inches or more, penthouse floors, interior balconies and mezzanines, and enclosed porches. Floor area does not include accessory water tanks and cooling towers, mechanical equipment or attic spaces with headroom of less than seven feet six inches, exterior steps, terraces, breezeways and open spaces.
(Ord. 671 § 2, 1995)
§ 15.10.480 Floor area, gross.
"Gross floor area"
means the total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.
(Ord. 671 § 2, 1995)
§ 15.10.485 Floodplain.
"Floodplain"
means as defined by the Federal Emergency Management Agency Town of La Conner Flood Insurance Study, the relatively flat area or low lands adjoining the channel of a river, stream, watercourse, or other similar body of water, which has been or may be covered with floodwater.
(Ord. 671 § 2, 1995)
§ 15.10.490 Frequently flooded areas.
"Frequently flooded areas"
means floodplains and other areas subject to flooding including flooding that can result from high tides combined with strong winds; the 100-year floodplain designations of the Federal Emergency Management Agency and the National Flood Insurance Program.
(Ord. 671 § 2, 1995)
§ 15.10.495 Freestanding sign.
"Freestanding sign"
means a sign connected permanently to the ground and not connected to a building.
(Ord. 671 § 2, 1995; Ord. 1222 § 2, 2023)
§ 15.10.500 Geologically hazardous areas.
"Geologically hazardous areas"
means areas that because of their susceptibility to erosion, sliding, earthquake or other geological events, are not suited to the siting of commercial, residential or industrial development consistent with public health or safety concerns.
(Ord. 671 § 2, 1995)
§ 15.10.503 Guesthouse or guest rental.
"Guesthouse" or "guest rental"
means a commercial use of a room, residential unit, or boat intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests rented on a daily or weekly basis (i.e., less than monthly rental). A single building or lot can provide up to two guest rentals.
(Ord. 932 § 1, 2004; Ord. 1040 § 5, 2010; Ord. 1126 § 2, 2015; Ord. 1247 § 2, 2024)
§ 15.10.505 Grade.
"Grade"
means the slope of a road, channel, or natural ground. The finished surface prepared for the support of construction such as paving or the laying of a conduit.
(1)
Existing grade – the grade prior to grading;
(2)
Rough grade – the stage at which the grade approximately conforms to the approved plan;
(3)
Finish grade – the final grade of the site which conforms to the approved plan.
(Ord. 671 § 2, 1995)
§ 15.10.510 Ground water.
"Ground water"
means water in a saturated zone or stratum beneath the surface water body.
(Ord. 671 § 2, 1995)
§ 15.10.512 Group home.
"Group home"
means a single-household residence for up to eight unrelated individuals who need special care due to sensory, mental or physical disabilities; provided, that this shall not apply to a residence used for the placement of individuals who have been convicted of a crime or juvenile offense or have gone through some form of diversion proceedings either as an adult or a juvenile offender. The purpose of a group home is to provide supervision and support in a family-like setting for persons unable to live independently. A group home shall require a certificate of occupancy issued by the community and economic development director prior to occupancy for which certificate shall be issued; provided, that the following standards are met:
(1)
The group home is licensed and certified by the Washington State Department of Social and Health Services.
(2)
The group home has adequate off-street parking and the appearance conforms with the neighborhood.
(Ord. 1247 § 2, 2024)
§ 15.10.513 Hazardous waste.
"Hazardous waste"
is all dangerous waste (DW) and extremely hazardous waste (EHW) as defined in RCW 70.105.010.
(Ord. 1247 § 2, 2024)
§ 15.10.515 Historic district.
"Historic district"
means the area established as the Historic Preservation District shown on the La Conner Zoning Map which has a concentration of sites or structures of historic significance to the town.
(Ord. 671 § 2, 1995)
§ 15.10.520 Home occupation.
Home occupation" means an occupation, business, or artistic activity which results in a product or service and which is conducted, in whole or in part, in either the primary dwelling or in an accessory building normally associated with permitted uses; is conducted by at least one person occupying the residence; and is clearly subordinate to the residential use of the dwelling and premises.
(Ord. 671 § 2, 1995; Ord. 1247 § 2, 2024)
§ 15.10.525 Hotel, motel, or apartment hotel.
"Hotel, motel, or apartment hotel"
means any building or lot containing three or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests, and which includes a full-time, on-site property manager.
(Ord. 671 § 2, 1995; Ord. 1247 § 2, 2024)
§ 15.10.530 Household/housekeeping unit.
"Household/housekeeping unit"
means a group of related or unrelated persons who share a dwelling unit.
(Ord. 671 § 2, 1995; Ord. 1247 § 2, 2024)
§ 15.10.535 Housing for people with functional disabilities.
"Housing for people with functional disabilities"
means housing used, or intended for use, by persons with functional disabilities. The term includes adult homes and supported living arrangements as herein defined.
(Ord. 671 § 2, 1995; Ord. 1247 § 2, 2024)
§ 15.10.540 Hydrophytic vegetation.
"Hydrophytic vegetation"
means macrophytic plant life growing in water or a substrate that is at least periodically deficient in oxygen as a result of excess water content.
(Ord. 671 § 2, 1995)
§ 15.10.545 Illicit discharge.
"Illicit discharge"
means all nonstorm water discharges to storm water drainage systems that cause or contribute to a violation of state water quality, sediment quality or ground water quality standards, including but not limited to sanitary sewer connections, industrial process water, interior floor drains, car washing and greywater systems.
(Ord. 671 § 2, 1995)
§ 15.10.550 Impact fees.
"Impact fees"
means fees paid by a developer for absorbing all or a portion of the local government costs of new development. Impact fees require developers to pay an amount of money determined by a uniform formula, as established by a resolution of the town council.
(Ord. 671 § 2, 1995; Ord. 1247 § 2, 2024)
§ 15.10.555 Impervious surface.
"Impervious surface"
means a surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of storm water.
(Ord. 671 § 2, 1995)
§ 15.10.560 Improvement.
"Improvement"
means any manmade, immovable item which becomes part of, is placed upon, or is affixed to real estate.
(Ord. 671 § 2, 1995)
§ 15.10.565 Infill development.
"Infill development"
means construction on vacant lots within previously established or approved developments that have one or more vacant lots available for the construction of new structures.
(Ord. 671 § 2, 1995)
§ 15.10.570 Infrastructure.
"Infrastructure"
means public facilities such as sewers, water lines, paved streets, curbs and gutters, and other basic improvements below and above ground.
(Ord. 671 § 2, 1995)
§ 15.10.575 Industry, light to medium.
"Industry, light to medium"
means light to medium manufacturing, fabrication, research, wholesale trade and distribution, and bulk retail businesses which are largely devoid of nuisance and hazards which includes processing and handling of products, the storage of finished or semifinished goods, and which may include other compatible enterprises that serve the needs and convenience of such firms.
(Ord. 671 § 2, 1995)
§ 15.10.580 In-kind wetland construction.
"In-kind wetland construction"
means the restoration or creation of a wetland with vegetation and other characteristics closely approximating those of a specified wetland.
(Ord. 671 § 2, 1995)
§ 15.10.585 Kennel.
"Kennel"
means a place where four or more adult dogs or cats are commercially boarded.
(Ord. 671 § 2, 1995)
§ 15.10.590 Land disturbing activity.
"Land disturbing activity"
means any activity that results in a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to, demolition, construction, clearing, grading, filling and excavation.
(Ord. 671 § 2, 1995)
§ 15.10.595 Land use decision.
"Land use decision"
means a final determination by the planning director, hearing examiner, or town council on:
(1)
An application for a project permit or other governmental approval required by law before real property may be improved, developed, modified, sold, transferred, or used, but excluding applications for permits or approvals to use, vacate, or transfer streets, parks, and similar types of public property; excluding applications for legislative approvals such as rezones and annexations; and excluding applications for business licenses.
(2)
An interpretative or declaratory decision regarding the application to a specific property of zoning or other ordinances or rules regulating the improvement, development, modification, maintenance, or use of real property; and
(3)
The enforcement by the town of ordinances or codes regulating the improvement, development, modification, maintenance, or use of real property.
(Ord. 671 § 2, 1995; Ord. 1247 § 2, 2024)
§ 15.10.597 Land use review.
"Land use review"
means review of a proposed use or development activity for consistency with adopted land use plans, policies and regulations. Land use review shall be incorporated into the review of all project permits and shall include a determination of consistency pursuant to LCMC § 15.135.080.
(Ord. 743 § 1, 1999)
§ 15.10.600 Large parcel erosion and sediment control plan (large parcel ESC plan).
"Large parcel erosion and sediment control plan (large parcel ESC plan)"
means a plan to implement BMPs to control pollution generated during land disturbing activity. Guidance for preparing a large parcel ESC plan is contained in the Puget Sound Water Quality Manual.
(Ord. 671 § 2, 1995)
§ 15.10.605 Levels of service.
"Levels of service"
means the adopted levels of service standards in the La Conner comprehensive plan to ensure the adequacy and safety of the various public services (utilities and drainage) facilities and infrastructure (i.e., utilities, streets, and drainage) to accommodate anticipated utilization.
(Ord. 671 § 2, 1995; Ord. 1247 § 2, 2024)
§ 15.10.607 Light industrial use.
"Light industrial use"
means the indoor manufacturing, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales and distribution of such products, which does not produce noise, odors, vibration, hazardous waste materials, or particulate that will disturb or endanger neighboring properties. Light industrial uses also include artistic endeavors, such as the creation of pieces of art using clay, metal, or glass.
(Ord. 1211 § 2(A), 2022)
§ 15.10.610 Lighting, indirect.
"Indirect lighting"
means a frontal light source separated from the sign surface illuminating the sign surface by means of a spotlight or similar fixture.
(Ord. 671 § 2, 1995; Ord. 1222 § 2, 2023)
§ 15.10.615 Lighting, neon.
"Neon lighting"
means a sign illuminated by glass tubes filled with neon gas or gaseous elements.
(Ord. 671 § 2, 1995; Ord. 1222 § 2, 2023)
§ 15.10.620 Liveaboard.
"Liveaboard"
means a person who uses a marine vessel as a principal residence, place of business, professional, or other commercial enterprise.
(Ord. 671 § 2, 1995)
§ 15.10.622 Live-work building.
"Live-work building"
means a building used jointly for commercial and residential purposes. The residential use shall be limited to one dwelling unit per leasable commercial space and the dwelling unit within the building shall be the primary dwelling of the person(s) operating the commercial use.
(Ord. 1211 § 2(A), 2022)
§ 15.10.625 Local jurisdiction.
"Local jurisdiction"
means a county, city, or incorporated town.
(Ord. 671 § 2, 1995)
§ 15.10.630 Lot.
"Lot"
means a parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or a recorded map and which is recognized as a separate legal entity for purposes of transfer of title.
(Ord. 671 § 2, 1995)
§ 15.10.635 Lot coverage.
"Lot coverage"
means the amount or percent of ground area of a lot that may have buildings or other impervious surfacing located thereon.
(Ord. 671 § 2, 1995)
§ 15.10.640 Lot frontage.
"Lot frontage" –
all sides of a lot abutting streets shall be considered frontage.
(Ord. 671 § 2, 1995)
§ 15.10.645 Lot line adjustment.
"Lot line adjustment"
means 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.
(Ord. 671 § 2, 1995)
§ 15.10.650 Lot of record.
"Lot of record"
means any platted lot of the town of La Conner the boundaries of which were approved by the planning commission, previous boards of adjustment or the appropriate approving authority at the time of creation and are recorded in the county auditor's office. In order to be considered a lot of record, lots that are unplatted must meet the minimum lot size for the zoning district or demonstrate that they were created prior to January 10, 1978, and were consistent with the requirements in place at the time they were created.
(Ord. 671 § 2, 1995; Ord. 898 § 2, 2003; Ord. 1191 § 2 (Exh. A), 2020; Ord. 1197 § 2 (Exh. A), 2021; Ord. 1247 § 2, 2024)
§ 15.10.655 Lot types.
"Lot types"
means terminology used in this code with reference to corner lots, interior lots, flag lots, and through lots is as follows:
(1)
"Corner lot" is defined as a lot located at the intersection of two or more streets.
(2)
"Interior lot" is a lot other than a corner lot with only one frontage on a street.
(3)
"Through lot" is a lot other than a corner lot with frontage on more than one street.
(4)
"Flag lot" is a lot with access to a road only by a private accessway. The entire length of the private accessway of a flag lot shall be no less than 20 feet in width. The entire length of the private accessway shall not be included in calculating the minimum lot area.
 |
(Ord. 671 § 2, 1995; Ord. 1247 § 2, 2024)
§ 15.10.660 Income groups.
"Income groups"
are defined as follows:
(1)
"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.
(2)
"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.
(3)
"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.
(4)
"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.
(Ord. 671 § 2, 1995; Ord. 1247 § 2, 2024)
§ 15.10.665 Lowest floor.
"Lowest floor"
means the lowest floor of the lowest enclosed area (including basement) of a structure. An unfinished or flood-resistant enclosure, usable solely for parking vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this code.
(Ord. 671 § 2, 1995)
§ 15.10.670 Manual.
"Manual"
means the Storm Water Management Manual for the Puget Sound Basin (the technical manual) adopted by the town of La Conner.
(Ord. 671 § 2, 1995)
§ 15.10.675 Manufactured home.
"Manufactured home"
means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required facilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. Manufactured housing has the following features or characteristics:
(1)
Mass produced in a factory;
(2)
Designed and constructed for transportation to a site for installation and use then connected to required utilities;
(3)
Either an independent, individual building or a module for combination with other elements to form build on site.
(Ord. 671 § 2, 1995)
§ 15.10.680 Manufactured housing, Class A.
"Class A manufactured housing"
means a manufactured home constructed after June 15, 1976, in accordance with state and federal requirements for manufactured homes which:
(1)
Is comprised of at least two fully enclosed parallel sections each of not less than 12 feet wide by 36 feet long;
(2)
Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of not less than 3:12 pitch;
(3)
Has exterior siding similar in appearance to siding materials commonly used on conventional site-built single-family residences.
(Ord. 671 § 2, 1995; Ord. 963 § 6, 2005)
§ 15.10.685 Manufactured housing park.
"Manufactured housing park"
means any site, or tract of land under single ownership, upon which two or more manufactured houses used for habitation are parked, either free of charge or for revenue purposes; including roadway, building, structure, vehicle or enclosure used or intended for use as a part of the facilities of such park.
(Ord. 671 § 2, 1995)
§ 15.10.690 Market value.
"Market value"
means the expected price, documented by an official appraisal, at which the development can be sold to a willing buyer. For developments which involve nonstructural operations such as dredging, drilling, dumping, or filling, the market value is the expected cost of hiring a contractor to perform the operation or where no such value can be calculated, the total of labor, equipment use, transportation, and other costs incurred for the duration of the permitted project.
(Ord. 671 § 2, 1995)
§ 15.10.692 Master plan.
"Master plan"
is intended to show how proposed development will comply with the development standards in the applicable zoning. It also is intended to show compatibility of development within the master plan area, and compatibility of anticipated uses in areas adjacent to and abutting the master plan area. It provides long-term guidance for a smaller area than a conceptual redevelopment plan, but a larger area than a detailed site plan.
(Ord. 1247 § 2, 2024)
§ 15.10.695 Mean sea level.
"Mean sea level"
means the average height of the sea for all stages of the tide.
(Ord. 671 § 2, 1995)
§ 15.10.700 Minimum lot size.
"Minimum lot size"
means 4,000 square feet required lot size for residential development.
(Ord. 671 § 2, 1995; Ord. 1199 § 2, 2021; Ord. 1211 § 2(A), 2022)
§ 15.10.705 Mitigation.
"Mitigation"
means, in the following order of preference:
(1)
Avoiding the impact altogether by not taking a certain action or part of an action;
(2)
Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts;
(3)
Rectifying the impact by repairing, rehabilitating or restoring the affected environment;
(4)
Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; and
(5)
Compensation for the impact by replacing, enhancing, or providing substitute resources or environments.
(Ord. 671 § 2, 1995)
§ 15.10.707 Mixed-use building.
"Mixed-use building"
means a building that contains nonresidential uses allowed within the zone the building is located within and residential uses allowed within the zone the building is located within.
(Ord. 1247 § 2, 2024)
§ 15.10.708 Mobile food van.
"Mobile food van,"
which may also be known as a "food truck," means a vehicular-type unit designed for the preparation and dispensing of food and drink products, which either has its own motive power or is mounted on or drawn by another vehicle.
(Ord. 1247 § 2, 2024)
§ 15.10.710 Modular structure.
"Modular structure"
means a structure designed and constructed for residential, commercial, or industrial purposes which satisfies the International Building Code for the intended purpose, and which is partially or entirely constructed off site and moved onto a permanent foundation on the site.
(Ord. 671 § 2, 1995; Ord. 963 § 6, 2005; Ord. 1247 § 2, 2024)
§ 15.10.715 Multiple business building.
"Multiple business building"
means a building containing more than one licensed business.
(Ord. 671 § 2, 1995)
§ 15.10.720 Multifamily residential building.
Repealed by Ord. 1247.
(Ord. 671 § 2, 1995)
§ 15.10.725 Mural.
"Mural"
means artistic rendering containing no advertising and consisting exclusively of paint applied to the wall of a building.
(Ord. 671 § 2, 1995)
§ 15.10.730 Natural location.
"Natural location"
means the location of those channels, swales, and other nonmanmade conveyance systems as defined by the first documented topographic contours existing for the subject property, either from maps or photographs, or such other means as appropriate.
(Ord. 671 § 2, 1995)
§ 15.10.735 New construction.
"New construction"
means structures for which the "start of construction" commenced on or after July 17, 1995.
(Ord. 671 § 2, 1995)
§ 15.10.736 New construction, major.
"New construction, major"
means original construction of or additions to an existing structure which is greater than 120 square feet gross floor area; and significant changes to style, size, type, materials or location of architectural features.
(Ord. 743 § 1, 1999)
§ 15.10.737 New construction, minor.
"New construction, minor"
means original construction of or additions to an existing structure which is under 120 square feet in gross floor area, fences, retaining walls, pools, hot tubs, and other similar minor accessory uses.
(Ord. 743 § 1, 1999)
§ 15.10.740 New development.
"New development"
means any land-disturbing activities, structural development, including construction, installation or expansion of a building or other structure, and creation of impervious surfaces.
(Ord. 671 § 2, 1995)
§ 15.10.745 Nonconforming development.
"Nonconforming development"
means development that does not conform to the use regulations in this code and/or the development design and improvement standards in the code.
(Ord. 671 § 2, 1995)
§ 15.10.750 Nonconforming lot.
"Nonconforming lot"
means a lot existing on July 17, 1995, that does not meet the minimum area requirement of the zone in which the lot is located.
(Ord. 671 § 2, 1995)
§ 15.10.755 Nonconforming use.
"Nonconforming use"
means a lawful use of land that does not currently comply with the use regulations for its zoning classification but which complied with applicable regulations at the time the use was established.
(Ord. 671 § 2, 1995)
§ 15.10.760 Nonconforming project.
"Nonconforming project"
means any structure, development or undertaking that is incomplete at the effective date of the code and would be inconsistent with any regulation applicable to the district or zoning classification in which it is located if completed as proposed or planned.
(Ord. 671 § 2, 1995)
§ 15.10.765 Nontidal wetlands.
"Nontidal wetlands"
means areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grasslined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities. However, wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands, if permitted by the town.
(Ord. 671 § 2, 1995)
§ 15.10.768 Office.
"Office"
means office space and required parking, etc., including high-tech or e-commerce research and development and professional offices.
(Ord. 791, 2000)
§ 15.10.770 Off-site construction.
"Off-site construction"
means the restoration or creation of a wetland at a location not adjacent to a previously specified wetland.
(Ord. 671 § 2, 1995)
§ 15.10.775 100-year flood (base flood).
"100-year flood (base flood)"
means that flood having a one percent chance of being equaled or exceeded in any given year, as established by FEMA.
(Ord. 671 § 2, 1995)
§ 15.10.780 Open air vending.
"Open air vending"
means commercial activity conducted without an enclosed permanent structure where goods or merchandise are displayed, advertised, or for sale.
(Ord. 671 § 2, 1995; Ord. 1247 § 2, 2024)
§ 15.10.785 Open record hearing.
"Open record hearing"
means a hearing, conducted by a single hearing body or officer authorized by the town to conduct such hearings, that creates the town's record through testimony and submission of evidence and information, under procedures prescribed by town ordinance or resolution. An open record hearing may be held prior to a town decision on a project to be known as an "open record predecision hearing." An open record hearing may be held on an appeal, to be known as an "open record appeal hearing," if no open record predecision hearing has been held on the project permit.
(Ord. 671 § 2, 1995)
§ 15.10.790 Open space.
"Open space"
means land that is reserved for recreational purposes or for the preservation of particular vegetative or topographic features. Such land shall not include buildings, streets, drives or parking areas. "Common" open space is that which is reserved for use by the residents of a neighborhood or development. "Private" open space is that reserved for use by residents of individual dwellings. "Usable" open space are those areas which have appropriate topography, soils, drainage and size to be considered for development as active and passive recreation areas for all residents within the development. Detention areas may be considered under this category providing the design of the area incorporates enhancement features making the detention area an amenity. Recreational facilities such as playground equipment, ball fields, court games, picnic tables, pedestrian and bike trails, garden areas, and enhanced stream corridors may be considered as meeting part of the open space requirement.
(Ord. 671 § 2, 1995; Ord. 1247 § 2, 2024)
§ 15.10.795 Owner.
"Owner"
means a person who, or entity which, alone, jointly or severally with others, or in a representative capacity has legal or equitable title to any property in question, or a tenant, if the tenancy is chargeable under lease for the maintenance of the property.
(Ord. 671 § 2, 1995)
§ 15.10.797 Park.
"Park"
means a tract of land designated and used by the public for active and passive recreation.
(Ord. 1247 § 2, 2024)
§ 15.10.800 Parking space, off-street.
"Parking space, off-street"
means an off-street space used to temporarily park a motor vehicle and having access to a public street or alley.
(Ord. 671 § 2, 1995)
§ 15.10.805 Park trailer.
"Park trailer"
means a vehicular unit which meets the following criteria:
(1)
Built on a single chassis, mounted on wheels;
(2)
Designed to provide seasonal or temporary living quarters which may be connected to utilities necessary for operation of installed fixtures and appliances;
(3)
A gross trailer area not exceeding 400 square feet. In calculating the square footage, measurements shall be taken on the exterior of the park trailer.
(Ord. 671 § 2, 1995)
§ 15.10.810 People with functional disabilities.
"People with functional disabilities"
are defined as:
(1)
A person who, because of a recognized chronic physical or mental condition or disease, is functionally disabled to the extent of:
(a)
Needing care, supervision or monitoring to perform activities of daily living or instrumental activities of daily living; or
(b)
Needing supports to ameliorate or compensate for the effects of the functional disability so as to lead as independent a life as possible; or
(c)
Having a physical or mental impairment which substantially limits one or more of such person's major life activities; or
(2)
Being regarded as having such an impairment, but such term does not include current, illegal use of or active addiction to a controlled substance.
(Ord. 671 § 2, 1995)
§ 15.10.815 Performance standards.
"Performance standards"
means standards used to regulate development based on the permissible effects or impacts of a proposed use including, but not limited to environmental impacts, police, sewer, water, and fire services.
(Ord. 671 § 2, 1995)
§ 15.10.820 Permanent.
"Permanent"
means designed, constructed and intended for more than short term use.
(Ord. 671 § 2, 1995)
§ 15.10.825 Permanent storm water quality control (PSQC) plan.
"Permanent storm water quality control (PSQC) plan"
means a plan which includes permanent BMPs for the control of pollution from storm water runoff after construction and/or land disturbing activity has been completed. For small sites, this requirement is met by implementing a small parcel erosion and sediment control plan. Guidance on preparing a PSQC plan is contained in the Manual.
(Ord. 671 § 2, 1995)
§ 15.10.827 Permanent supportive housing.
"Permanent supportive housing"
means subsidized, leased housing with no limit on length of stay, that prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal history, and personal behaviors. Permanent supportive housing is paired with on-site or off-site voluntary services designed to support a person living with a complex and disabling behavioral health or physical health condition who was experiencing homelessness or was at imminent risk of homelessness prior to moving into housing to retain their housing and be a successful tenant in a housing arrangement, improve the resident's health status, and connect the resident of the housing with community-based health care, treatment, or employment services. Permanent supportive housing is subject to all of the rights and responsibilities defined in Chapter 59.18 RCW.
(Ord. 1211 § 2(A), 2022; Ord. 1255 § 3, 2025)
§ 15.10.830 Permitted use.
"Permitted use"
means any use authorized or permitted alone or in conjunction with another use in a specified district and subject to the limitations of the regulations of such use district.
(Ord. 671 § 2, 1995)
§ 15.10.835 Person.
"Person"
means an individual, trustee, executor, other fiduciary, corporation, form, partnership, association, organization, or other entity acting as a unit.
(Ord. 671 § 2, 1995)
§ 15.10.840 Planned residential development.
"Planned residential development"
means a development constructed on a tract of at least 16,000 square feet under single ownership, ownership by a governmental agency or, if there is more than one owner, a development where the application was filed jointly by all owners having title to all the property in the area proposed for the planned unit residential development, planned and developed as an integral unit, and consisting of single-household detached residences combined with either two-household residences or multihousehold residences, or both.
(Ord. 671 § 2, 1995; Ord. 1247 § 2, 2024)
§ 15.10.845 Planning jurisdiction.
"Planning jurisdiction"
means the area within the town limits as well as any additional area which has been adopted into the town's comprehensive plan as the Urban Growth Area.
(Ord. 671 § 2, 1995)
§ 15.10.850 Plat.
"Plat"
means a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys or other divisions and dedications.
(Ord. 671 § 2, 1995)
§ 15.10.855 Plat, preliminary.
"Preliminary plat"
means a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and other elements of a subdivision consistent with the requirements of this code. A preliminary plat is the basis for approval or disapproval of the general layout of a subdivision.
(Ord. 671 § 2, 1995)
§ 15.10.860 Plat, final.
"Final plat"
means the final drawing of the subdivision/short subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in this code for the land division.
(Ord. 671 § 2, 1995)
§ 15.10.865 Plat, short.
"Short plat"
means a map or representation of a short subdivision.
(Ord. 671 § 2, 1995)
§ 15.10.870 Pollutant.
"Pollutant"
means any substance, contaminant, noise or manmade or man-induced alteration of the chemical, physical, biological, or radiological integrity of air, land or water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property, or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation.
(Ord. 671 § 2, 1995)
§ 15.10.875 Pollution.
"Pollution"
means contamination or other alteration of the physical, chemical, or biological properties of water of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish, or other aquatic life.
(Ord. 671 § 2, 1995)
§ 15.10.880 Portable sign.
"Portable sign"
means any moveable sign which is not permanently affixed to the ground, a structure or a building.
(Ord. 671 § 2, 1995; Ord. 1222 § 2, 2023)
§ 15.10.885 Practical alternative.
"Practical alternative"
means an alternative to the proposed project that would accomplish the basic purpose of the project and avoid or have less adverse impact on a natural resource or existing development.
(Ord. 671 § 2, 1995)
§ 15.10.890 Premises.
"Premises"
means real property on which businesses advertised by the signs mentioned in this code are situated.
(Ord. 671 § 2, 1995)
§ 15.10.895 Primary use or principal use.
"Primary use" or "principal use"
means the use(s) for which a lot or development, structure or building, or the major portion thereof (50 percent or more), is designed or actually employed.
(Ord. 671 § 2, 1995; Ord. 979 § 3, 2006)
§ 15.10.900 Priority habitat and species areas.
"Priority habitat and species areas"
means areas in which endangered, threatened, and sensitive species have a primary association. This includes habitats and species of local importance, kelp and eel grass beds, and herring and smelt spawning areas, and waters of the state.
(Ord. 671 § 2, 1995)
§ 15.10.905 Project permit or project permit application.
"Project permit" or "project permit application"
means any land use or environmental permit or license required from the town for a project action, including but not limited to building permits, subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical area ordinances, site-specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations except as other specifically included in this code.
(Ord. 671 § 2, 1995)
§ 15.10.910 Projecting sign.
"Projecting sign"
means a sign which is attached to and projects or hangs from a structure, wall or building face further than six inches.
(Ord. 671 § 2, 1995; Ord. 1222 § 2, 2023)
§ 15.10.915 Professional offices.
"Professional offices"
means offices used as a place of business conducted by persons engaged in recognized professions.
(Ord. 671 § 2, 1995)
§ 15.10.917 Public facilities.
"Public facilities"
means streets, roads, highways, sidewalks, street lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, park and recreation facilities, schools, and public buildings.
(Ord. 1247 § 2, 2024)
§ 15.10.920 Public meeting.
"Public meeting"
means an informal meeting, hearing, workshop, or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit prior to the town's decision. A public meeting does not include an open record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the town's project permit application file.
(Ord. 671 § 2, 1995)
§ 15.10.922 Public service facility.
"Public service facility"
means any building or infrastructure essential to government services provided by the town of La Conner to the public (i.e., schools, police and fire service). This does not include facilities within the public rights-of-way.
(Ord. 1261 § 2, 2025)
§ 15.10.925 Public use.
"Public use"
means areas and facilities used by the public or utilized for the benefit of the public.
(Ord. 671 § 2, 1995)
§ 15.10.927 Reader board sign.
"Reader board sign"
means a sign on which copy may be easily changed by manual or electronic means without reworking, repainting, or otherwise altering the physical composition of the sign.
(Ord. 1222 § 2, 2023)
§ 15.10.930 Recreational vehicle.
"Recreational vehicle"
means a vehicular type unit primarily designed for recreational camping, travel, or seasonal use which has its own motive power or is mounted on or towed by another vehicle. The basis entities are: travel trailer, folding camping trailer, park trailer, truck camper, motor home, and multi-use vehicles.
(Ord. 671 § 2, 1995)
§ 15.10.935 Recreational vehicle park.
"Recreational vehicle park"
means any tract or parcel of land upon which two or more recreational vehicle spaces for overnight use are provided, with or without utility services. A manufactured housing court or park or an approved storage facility shall not be considered a "recreational vehicle park."
(Ord. 671 § 2, 1995)
§ 15.10.940 Redevelopment.
"Redevelopment"
means on an already developed site, the creation or addition of impervious surfaces, structural development including construction, installation or expansion of a building or other structure, and/or replacement of impervious surface that is not part of a routine maintenance activity, and land disturbing activities associated with structural or impervious redevelopment.
(Ord. 671 § 2, 1995)
§ 15.10.945 Regulated nontidal activity.
"Regulated nontidal activity"
means an activity with a significant impact on nontidal wetlands, including:
(1)
The removal, excavation, or dredging of sand, gravel, minerals, organic matter, or materials of any kind;
(2)
The changing of existing drainage characteristics, sedimentation patterns, flow patterns, or flood retention characteristics;
(3)
The disturbance of the nontidal wetland water level or water table by drainage, impoundment, or other means;
(4)
The dumping or discharging of material, or the filling of a nontidal wetland with material;
(5)
The placing of fill or the grading or removal of material that would alter existing topography;
(6)
The driving of piles, placement of obstructions, and erection or repair of buildings or structure of any kind;
(7)
The destruction or removal of plant life that would alter the character of a nontidal wetland; and
(8)
The conduct of an activity that results in a significant change of water temperature, a significant change of physical or chemical characteristics of nontidal wetland water sources, or the introduction of pollutants.
(Ord. 671 § 2, 1995)
§ 15.10.950 Regulated slopes.
"Regulated slopes"
means slopes that average 15 percent or greater over a vertical interval of 10 feet.
(Ord. 671 § 2, 1995)
§ 15.10.955 Reimbursement agreement.
"Reimbursement agreement"
means a written agreement the town and one or more property owners providing for construction of "water or sewer facilities" and "street projects" for partial reimbursement to the party causing such improvements to be made of a portion of the costs of such improvements, as more specifically described in Chapter 35.72 RCW (Contracts for Street Projects) and Chapter 35.91 RCW (Municipal Water and Sewer Facilities Act).
(Ord. 671 § 2, 1995)
§ 15.10.957 Repair and maintenance (not shoreline related).
"Repair and maintenance (not shoreline related)"
means those usual acts to prevent a decline, lapse, or cessation from a lawfully established condition, including replacement of features or portions of existing structures such as windows, roofing, siding porches, painting and foundation repair. Repair and maintenance does not include replacement of an entire structure or change of style, materials, type or size of architectural features.
(Ord. 743 § 1, 1999)
§ 15.10.960 Replat/redivision.
"Replat/redivision"
means a plat of previously platted land for the purpose of modifying boundary lines or increasing or decreasing lot sizes according to the requirements of town ordinances.
(Ord. 671 § 2, 1995)
§ 15.10.965 Residence, primary with accessory apartment.
"Primary residence with accessory apartment"
means a residential use having the external appearance of a single-household residence but in which there is located a second dwelling unit that comprises not more than 25 percent of the gross floor area of the building nor more than a total of 750 square feet. In this context, an accessory apartment may also be defined as an accessory dwelling unit.
(Ord. 671 § 2, 1995; Ord. 1247 § 2, 2024)
§ 15.10.970 Residence, multi-single-household detached (more than one dwelling unit/lot).
"Multi-single-household detached residence (more than one dwelling unit/lot)"
means a residential use consisting of two or more single-household detached dwelling units on a single lot.
(Ord. 671 § 2, 1995; Ord. 1247 § 2, 2024)
§ 15.10.975 Residence, single-family detached (one dwelling unit/lot).
Repealed by Ord. 1247.
(Ord. 671 § 2, 1995)
§ 15.10.980 Rest homes, nursing homes, homes for the elderly.
"Rest homes, nursing homes, homes for the elderly"
means a private home or institution for the care of the aged or the infirm.
(Ord. 671 § 2, 1995)
§ 15.10.985 Restaurant.
"Restaurant"
means a food and/or drink establishment with table service and serving complete meals.
(Ord. 671 § 2, 1995)
§ 15.10.990 Restrictive covenants.
"Restrictive covenants"
means a private agreement between a landowner and a person to whom land is sold or transferred, generally creating easements governing how the land may be used.
(Ord. 671 § 2, 1995)
§ 15.10.995 Retention facility.
"Retention facility"
means a type of drainage facility designed either to hold water for a considerable length of time and then release it by evaporation, plant transpiration, and/or infiltration into the ground.
(Ord. 671 § 2, 1995)
§ 15.10.1000 Retirement home.
"Retirement home"
means an establishment providing domestic care for elderly persons who are not in need of medical or nursing treatment except in the case of temporary illness. This definition does not include nursing, convalescent or rest homes, hospitals, or sanitariums.
(Ord. 671 § 2, 1995)
§ 15.10.1005 Retirement apartments.
"Retirement apartments"
means a multihousehold residential development designed and developed for exclusive use by senior citizens, as defined by the most recently adopted state law.
(Ord. 671 § 2, 1995; Ord. 1247 § 2, 2024)
§ 15.10.1010 Right-of-way.
"Right-of-way"
means a strip of land taken or dedicated for use as public way.
(Ord. 671 § 2, 1995)
§ 15.10.1015 Roof sign.
"Roof sign"
means a sign erected above or upon a principal roof of a building or structure.
(Ord. 671 § 2, 1995; Ord. 1222 § 2, 2023)
§ 15.10.1020 Roof line.
"Roof line"
means the edge of the principal roof immediately adjacent to the main facade or the top edge of a parapet wall.
(Ord. 671 § 2, 1995)
§ 15.10.1025 Sandwich board sign.
"Sandwich board sign"
means an A-framed moveable sign made of wood, metal, or other substantive material.
(Ord. 671 § 2, 1995; Ord. 1222 § 2, 2023)
§ 15.10.1030 Setback line.
"Setback line"
means a line established by the subdivision regulations and/or zoning ordinance generally parallel with and measured from the lot line or right-of-way, defining the limits of a yard in which no building or structure may be located above ground except as may be provided in such regulations. Any structure exempt from the requirement to obtain a building permit may be allowed to be located within the setback (e.g., hot tub, gazebo, garden shed). Any structure containing a living space must meet minimum setbacks (accessory dwelling unit, sleeping areas within garages or other outbuildings).
(Ord. 671 § 2, 1995; Ord. 1191 § 2 (Exh. A), 2020)
§ 15.10.1031 Secure community transition facility.
"Secure community transition facility"
means a residential facility for persons civilly committed and conditionally released to a less restrictive alternative under Chapter 71.09 RCW. A secure transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services. These facilities include, but are not limited to, the facilities established pursuant to RCW 71.90.250 and any community based facilities established under Chapter 71.09 RCW and operated by DSHS or under contract to DSHS.
(Ord. 1261 § 2, 2025)
§ 15.10.1032 Short-term rental.
"Short-term rental"
means a furnished, self-contained dwelling unit that is rented for a period of 30 days or less.
(Ord. 1247 § 2, 2024)
§ 15.10.1035 Sign.
"Sign"
means a publicly displayed advertising, directional, or informational notice, or any other device that may be displayed to attract attention to a business or event.
(Ord. 671 § 2, 1995; Ord. 1222 § 2, 2023)
§ 15.10.1040 Sign area.
"Sign area"
means the entire area of a sign on which the copy is to be placed. Sign areas shall be calculated by measuring the area of the smallest rectangle that will encompass the extreme limit of the advertising copy together with any material forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supportive framework or bracing. On walls which contain no written copy or other advertising, and when such walls are clearly incidental to the display itself, the sign area shall be a rectangle formed by the greatest height and width of the advertising copy.
(Ord. 671 § 2, 1995; Ord. 1222 § 2, 2023)
§ 15.10.1045 Sign face.
"Sign face"
means any surface of a sign upon which there is lettering or other advertising.
(Ord. 671 § 2, 1995; Ord. 1222 § 2, 2023)
§ 15.10.1050 Sign height.
"Sign height"
means the vertical distance from grade to the highest point of a sign or any projection thereof.
(Ord. 671 § 2, 1995; Ord. 1222 § 2, 2023)
§ 15.10.1055 Sign, off-premises.
"Off-premises sign"
means a sign which advertises goods, products, or services which are not sold, manufactured, or distributed, or events not held on the premises on which the sign is located.
(Ord. 671 § 2, 1995; Ord. 1222 § 2, 2023)
§ 15.10.1060 Site.
"Site"
means the portion of a piece of property which is directly subject to development.
(Ord. 671 § 2, 1995)
§ 15.10.1065 Slope.
"Slope"
means the degree of deviation of a surface from the horizontal, measured as a numerical ratio, percent, or in degrees. Expressed as a ratio, the first number is the horizontal distance (run) and the second is the vertical distance (rise), as 2:1. A 2:1 slope is a 50 percent slope. Expressed in degrees, the slope is the angle from the horizontal plane, with a 90-degree slope being vertical (maximum) and a 45-degree slope being a 1:1 or 100 percent slope.
(Ord. 671 § 2, 1995)
§ 15.10.1070 Small parcel erosion and sediment control plan (small parcel ESC plan).
"Small parcel erosion and sediment control plan (small parcel ESC plan)"
means a plan for small sites to implement temporary BMPs to control pollution generated during the construction phase only, primarily erosion and sediment. Guidance for preparing a small parcel ESC plan is contained in the Manual.
(Ord. 671 § 2, 1995)
§ 15.10.1075 Soil.
"Soil"
means the unconsolidated mineral and organic material on the immediate surface of the earth that serves as a natural medium for the growth of land plants.
(Ord. 671 § 2, 1995)
§ 15.10.1080 Source control BMP.
"Source control BMP"
means a BMP that is intended to prevent pollutants from entering storm water. A few examples of source control BMPs are erosion control practices, maintenance of storm water facilities, constructing roofs over storage and working areas, and directing wash water and similar discharges to the sanitary sewer or a dead end sump.
(Ord. 671 § 2, 1995)
§ 15.10.1085 Start of construction.
"Start of construction"
means substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
(Ord. 671 § 2, 1995; Ord. 1247 § 2, 2024)
§ 15.10.1090 Storm water.
"Storm water"
means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, channels or pipes into a defined surface water channel, or a constructed infiltration facility.
(Ord. 671 § 2, 1995)
§ 15.10.1095 Storm water drainage system.
"Storm water drainage system"
means constructed and natural features which function together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat or filter storm water.
(Ord. 671 § 2, 1995)
§ 15.10.1100 Storm water facility.
"Storm water facility"
means a constructed component of a storm water drainage system, designed or constructed to perform a particular function, or multiple functions. Storm water facilities include, but are not limited to, pipes, swales, ditches, culverts, street gutters, detention basins, retention basins, constructed wetlands, infiltration devices, catchbasins, oil/water separators, sediment basins and modular pavement.
(Ord. 671 § 2, 1995)
§ 15.10.1105 Storm water management manual or manual.
"Storm water management manual" or "manual"
means the manual adopted by reference and prepared by the Department of Ecology that contains BMPs to prevent or reduce pollution.
(Ord. 671 § 2, 1995)
§ 15.10.1110 Storm water runoff.
"Storm water runoff"
means that portion of the storm water that flows from the land surface of a site either naturally, in manmade ditches, or in a closed conduit system.
(Ord. 671 § 2, 1995)
§ 15.10.1115 Storm water site plan.
"Storm water site plan"
means a plan which includes an erosion and sediment control (ESC) plan and/or a permanent storm water quality control plan (PSQCP). For small sites, this plan is the equivalent of a small parcel erosion and sediment control plan. Guidance on preparing a storm water site plan is contained in the Manual.
(Ord. 671 § 2, 1995)
§ 15.10.1117 Story.
"Story"
means that portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above.
(Ord. 1222 § 2, 2023)
§ 15.10.1118 Story above grade plane.
"Story above grade plane"
means any story having its finished floor surface entirely above grade plane, or in which the finished surface of the floor next above is either of the following:
(1)
More than six feet above grade plane.
(2)
More than 12 feet above the finished ground level at any point.
 |
(Ord. 1222 § 2, 2023)
§ 15.10.1120 Streamer.
"Streamer"
means an attention attracting device consisting of one or more pennants, balloons, ribbons, reflectors, fringes or similar objects strung together on a common line, pole or sign structure, or attached to one or more products offered for sale.
(Ord. 671 § 2, 1995; Ord. 1222 § 2, 2023)
§ 15.10.1125 Streams.
"Streams"
means those areas where surface waters flow sufficiently to produce a defined channel or bed. A defined channel or bed is indicated by hydraulically sorted sediments or the removal of vegetative litter or loosely rooted vegetation by the action of moving water. The channel or bed need not contain water year-round. This definition includes the Swinomish Channel and Sullivan Slough.
(Ord. 671 § 2, 1995)
§ 15.10.1130 Street.
"Street"
means a public street or a street with respect to which an offer of dedication has been made; a public or private right-of-way for vehicular traffic, including highways, thoroughfares, lanes, roads, ways, boulevards, and alleys.
(Ord. 671 § 2, 1995)
§ 15.10.1135 Street, collector.
"Collector street"
means a street whose principal function is to carry traffic between minor, local, and subcollector streets and arterial streets but that may also provide direct access to abutting properties. It serves or is designed to serve, directly or indirectly, more than 100 dwelling units and is designed to be used or used to carry more than 800 trips per day.
(Ord. 671 § 2, 1995)
§ 15.10.1140 Street improvements.
"Street improvements"
means improvements including, but not limited to, streets with or without curbs and gutters, sidewalks, crosswalkways, water mains, sanitary and storm sewers.
(Ord. 671 § 2, 1995)
§ 15.10.1145 Street, local access residential.
"Local access residential street"
means a class of street designed to connect residential neighborhood traffic to all land use zones in a community.
(Ord. 671 § 2, 1995)
§ 15.10.1150 Street, major collector.
"Major collector street"
means a street that serves commercial and industrial districts as well as some through traffic.
(Ord. 671 § 2, 1995)
§ 15.10.1155 Street, minor collector.
"Minor collector street"
means a street which gives direct access to commercial and industrial uses and residential neighborhoods but not to individual dwelling units.
(Ord. 671 § 2, 1995)
§ 15.10.1160 Structure.
"Structure"
means a combination of materials constructed and erected permanently on the ground or attached to something having a permanent location on the ground. Not included are residential fences, retaining walls less than three feet in height, rockeries and similar improvements of a minor character.
(Ord. 671 § 2, 1995)
§ 15.10.1165 Subdivision.
"Subdivision"
means 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.
(Ord. 671 § 2, 1995)
§ 15.10.1170 Subdivision, short.
"Short subdivision"
means 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.
(Ord. 671 § 2, 1995)
§ 15.10.1173 Substantial damage.
"Substantial damage"
means damage of any origin sustained by a structure whereby the cost of restoring the structure to its "before damaged" condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
(Ord. 1132 § 1, 2015)
§ 15.10.1175 Substantial improvement.
"Substantial improvement"
means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:
(1)
Before the improvement or repair is started; or
(2)
If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term can exclude: The term can exclude:
(a)
Any project for improvement of a structure to correct precited existing violations of state or local health, sanitary, or safety code specifications which have been previously identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
(b)
Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
(Ord. 671 § 2, 1995; Ord. 906 § 1, 2003; Ord. 986 § 4, 2007; Ord. 1132 § 1, 2015)
§ 15.10.1180 Supported living arrangement.
"Supported living arrangement"
means a dwelling unit owned or rented by one or more persons with functional disabilities who receive assistance with activities of daily living, instrumental activities of daily living, and/or medical care from an individual or agency licensed and/or reimbursed by a public agency to provide such assistance.
(Ord. 671 § 2, 1995; Ord. 1247 § 2, 2024)
§ 15.10.1185 Temporary sign.
"Temporary sign"
means a sign or advertising display without a frame which is displayed for a limited time only.
(Ord. 671 § 2, 1995; Ord. 1222 § 2, 2023)
§ 15.10.1190 Temporary structures.
"Temporary structures"
means any structure or vehicle designed to be easily transported or dismantled after function has been fulfilled.
(Ord. 671 § 2, 1995)
§ 15.10.1195 Temporary uses.
"Temporary uses"
means those uses of land or existing structures and improvements which do not require permanent changes, or the permanent commitment of the land or existing structure to the proposed use.
(Ord. 671 § 2, 1995)
§ 15.10.1197 Tiny home.
"Tiny home"
means a single-household dwelling unit measuring not more than 400 square feet in total area, to be used as permanent housing with permanent provisions for living, sleeping, eating, cooking, and sanitation, built in accordance with the state building code. A tiny home may be constructed on site, or constructed off site and moved to a permanent location. Tiny homes must be built or placed on a permanent foundation.
(Ord. 1222 § 2, 2023; Ord. 1247 § 2, 2024)
§ 15.10.1198 Townhouse.
"Townhouse"
means a one-household, ground-related dwelling unit attached to one or more such dwelling units in which each dwelling unit has its own exterior ground-level access to the outside; no dwelling unit is located over another dwelling unit; and each dwelling unit is separated from another dwelling unit by one or more vertical common walls. Typically, the dwelling units are multistory.
(Ord. 877 § 5, 2003; Ord. 1247 § 2, 2024)
§ 15.10.1200 Trail.
"Trail"
(see "walkway") means a path that may be used for walking, bicycle riding or horseback riding.
(Ord. 671 § 2, 1995)
§ 15.10.1203 Transitional Commercial Zone.
The "Transitional Commercial Zone" is the commercial property bound by Caledonia Street to the south; Third Street to the east; Moore Street to the east and north and by a line 80 feet south of Commercial Street on the north and the Swinomish Channel to the west.
(Ord. 877 § 5, 2003)
§ 15.10.1204 Transitional housing.
"Transitional housing"
means a project that provides housing and supportive services to homeless persons or families for up to two years and that has as its purpose facilitating the movement of homeless persons and families into independent living.
(Ord. 1211 § 2(A), 2022)
§ 15.10.1205 Travel trailer.
"Travel trailer"
(see "recreation vehicle") means a vehicle used as a temporary living quarters for recreational, camping, or travel use.
(Ord. 671 § 2, 1995)
§ 15.10.1210 Treatment BMP.
"Treatment BMP"
means a BMP that is intended to remove pollutants from storm water. A few examples of treatment BMPs are detention ponds, oil/water separators, biofiltration swales and constructed wetlands.
(Ord. 671 § 2, 1995)
§ 15.10.1215 Unstable slopes.
"Unstable slopes"
means those sloping areas of land which have in the past exhibited, are currently exhibiting, or will likely in the future exhibit, mass movement of earth.
(Ord. 671 § 2, 1995)
§ 15.10.1220 Urban growth area.
"Urban growth area"
means area designated by the town's comprehensive plan in accordance with the state of Washington's Growth Management Act.
(Ord. 671 § 2, 1995; Ord. 1247 § 2, 2024)
§ 15.10.1225 Use.
"Use"
means the specific purpose(s) for which land or a building is designated, arranged, intended or for which it is or may be occupied or maintained. The purpose or activity for which a piece of land or its building is designed, arranged, or intended or for which it is occupied or maintained.
(Ord. 671 § 2, 1995)
§ 15.10.1230 Variance.
"Variance"
means the means by which an adjustment is made in the application of a specified regulation of a zoning ordinance/code to a particular piece of property, which property, because of the special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the same vicinity and zone and which adjustment will remedy disparity in privileges. A grant of permission by the legislative body that authorizes the recipient to do that which, according to the strict letter of the ordinance, could not otherwise be legally done. A variance shall not be granted unless the applicant can demonstrate a hardship not created by the applicant, the current property owner, or a previous property owner.
(Ord. 671 § 2, 1995; Ord. 1247 § 2, 2024)
§ 15.10.1235 Vegetation.
"Vegetation"
means all organic plant life growing on the surface of the earth.
(Ord. 671 § 2, 1995)
§ 15.10.1240 Veterinary animal hospital or clinic.
"Veterinary animal hospital or clinic"
means a place used for the care, grooming, and medical treatment of animals, and may include overnight accommodations on the premises for the appropriate treatment.
(Ord. 671 § 2, 1995)
§ 15.10.1245 Wall sign.
"Wall sign"
means a sign attached parallel to, and within six inches of, the wall, which is supported by and confined within the limits of such wall, and which displays only one surface.
(Ord. 671 § 2, 1995; Ord. 1222 § 2, 2023)
§ 15.10.1250 Walkway.
"Walkway"
(see "trail") means a dedicated public way, three feet or more in width for pedestrian use only, whether along the side of the road or not.
(Ord. 671 § 2, 1995)
§ 15.10.1255 Waterbody.
"Waterbody"
means surface waters including rivers, streams, lakes, marine waters, estuaries, and wetlands.
(Ord. 671 § 2, 1995)
§ 15.10.1258 Water dependent.
"Water dependent"
means a structure for commerce or industry that cannot exist in any other location and is dependent.
(Ord. 1132 § 1, 2015)
§ 15.10.1260 Watertight.
"Watertight"
means completely dry without human intervention during flooding.
(Ord. 671 § 2, 1995)
§ 15.10.1265 Wetlands.
"Wetlands"
means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands.
(Ord. 671 § 2, 1995; Ord. 968 § 1, 2006)
§ 15.10.1270 Wetland restoration.
"Wetland restoration"
means a human activity that returns a wetland or former wetland from a disturbed or altered condition with lesser acreage or functions to a previous condition with greater wetland acreage or functions.
(Ord. 671 § 2, 1995)
§ 15.10.1275 Window sign.
"Window sign"
means a sign placed upon the interior or exterior surface of a window. Not included is a statement of business hours.
(Ord. 671 § 2, 1995; Ord. 1222 § 2, 2023)
§ 15.10.1278 Wireless communication facility.
"Wireless communication facility"
means a facility designed to provide service for personal wireless devices, typically comprised of electronic devices designed for receiving and sending radio signals, and typically is associated with support structures, equipment shelters and/or cabinets.
(Ord. 786 § 2, 2000)
§ 15.10.1280 Yard.
"Yard"
means a required open space unoccupied and unobstructed by any structure or portion of a structure.
(Ord. 671 § 2, 1995)
§ 15.10.1285 Yard, front.
"Front yard"
means an open, unoccupied space extending from the principal street right-of-way line to the nearest point of a roofed building on the lot and including the full width of the lot to its side lines.
(Ord. 671 § 2, 1995)
§ 15.10.1290 Yard, rear.
"Rear yard"
means an open, unoccupied space extending from the rear lot line to the nearest point of the roofed main building on the lot and including the full width of the lot to its side lines.
(Ord. 671 § 2, 1995)
§ 15.10.1295 Yard, side.
"Side yard"
means an open, unoccupied space extending from the front yard to the rear yard and from the nearest point of the roofed main building to the side lot line.
(Ord. 671 § 2, 1995)
§ 15.10.1300 Zoning.
"Zoning"
means a community division into a district or zone within which permitted and special uses are established, including regulations governing the lot size, building bulk, placement and other development standards.
(Ord. 671 § 2, 1995)
§ 15.12.010 Purpose.
The purpose of this chapter is to:
(1)
Separate the land use regulatory function from the land use planning process;
(2)
Ensure procedural due process and appearance of fairness of land use regulatory hearings and decisions;
(3)
Provide and efficient and effective land use regulatory system which integrates the public hearing and decision-making processes for land use matters;
(4)
Provide for consistency and predictability in land use decision-making and the application of policies and regulations adopted by the town;
(5)
Establish clear and understandable rules governing the land use decision-making process.
(Ord. 686 § 1, 1996)
§ 15.12.020 Definitions.
In interpreting the words and phrases within this chapter, it is the intention of this section to provide specific definitions as well as general guidelines for use and interpretation of words or phrases. Generally, the following shall apply:
(1)
The words and phrases defined herein when used in this chapter shall have the meaning given to them within these definitions or this chapter, unless their context clearly indicates that they are to have some other meaning.
(2)
A word or phrase not defined within this chapter but defined within some other section or portion of the town's land use control ordinances shall have the meaning or definition given in that town's land use control ordinances unless the context clearly indicates that it is to have some other meaning.
(a)
"Planner"
means the town staff person assigned by the mayor or by a job description approved by the town to be the administrator of this title.
(b)
"Applicant"
means any person or entity applying to the town for approval of land uses that conform to the town's goals, policies, plans, and programs of development.
(c)
"Town"
means the town of La Conner, Washington.
(d)
"Council"
means the La Conner town council.
(e)
"Decision" or "final decision,"
when used in this chapter or any ordinance or code section relating to the powers and responsibilities of the examiner, means the final action of the examiner or, to the extent applicable, if any, the town council. Utilization of the term or terms shall in no way be deemed to restrict the powers and authority of the council and mayor as they may be granted by the laws and ordinances of the town to accept the final decision of the examiner as a recommendation and to proceed with his, her or their role in the decision-making process.
(f)
"Department"
means town of La Conner planning department.
(g)
"Examiner" or "hearing examiner"
means the hearing examiner of the town of La Conner.
(h)
"Ex parte communication"
means written or oral communications not included in the public record and made outside of a public hearing.
(i)
"Party of record"
means:
(i)
The applicant or his, her, or its designated agent;
(ii)
Any person or entity submitting written comments or attending a public hearing, who requests notification of the examiner's decision.
(j)
"Service,"
except as otherwise provided in this chapter or required by the particular circumstances of the use of the term, means posting in the United States mail, properly addressed, postage prepaid, commercial parcel delivery company, or personal service. Service by mail is complete the second day, not counting or including weekends or legal holidays following deposit in the United States mail. Personal service or service by a commercial parcel delivery company is complete upon delivery to the party or an individual upon whom service of a summons and complaint would be valid under the laws and decisions of this state.
(k)
"Staff"
means employees of the departments of the town of La Conner, Washington.
(Ord. 686 § 2, 1996)
§ 15.12.030 Selection – Contract.
The examiner shall be selected by the mayor subject to confirmation by the town council. The examiner may be retained under a professional services contract for a term and on conditions determined appropriate by the mayor. The contract may also provide for examiners pro tem to serve in the absence of the examiner under such terms and conditions deemed appropriate by the mayor. The contracts shall be approved by the council.
(Ord. 686 § 3, 1996)
§ 15.12.040 Qualifications – Removal.
Examiners shall be appointed solely with regard to their qualifications for the duties of their office and will have such training and experience as will qualify them to conduct administrative or quasi-judicial hearings on regulatory enactments and to discharge the other functions conferred upon them. Examiners shall hold no other elective or appointive office or position with the town, except for the office of municipal court judge. An examiner may be removed from office for cause by the mayor, however, such removal shall not affect the ability of the examiner to complete any cases for which he or she has already undertaken the hearing.
(Ord. 686 § 4, 1996; Ord. 689 § 1, 1996)
§ 15.12.050 Term.
The term of appointment for the examiner and any deputy examiner shall be for a period of four years or until his or her successor has been appointed and confirmed, subject to termination as provided in LCMC § 15.12.040. Temporary examiners may be appointed for such terms and functions as the mayor and council deem appropriate.
(Ord. 686 § 5, 1996)
§ 15.12.060 Ex parte contract – Disclosure – Conflict of interest.
(1)
In order to assure an appearance of fairness in matters considered by the examiner, no person shall have an ex parte contact with the examiner regarding such matter and no person, including governmental officials and employees, shall attempt to interfere with or influence the examiner outside of public hearing; provided, that a town official or employee may, in the performance of his or her officials duties, provide information to the examiner when the action is disclosed at the hearing or meeting to the extent that disclosure is required by law.
(2)
No examiner shall conduct or participate in any hearing or decision in which the examiner may have a direct or indirect financial or personal interest or in which any such conduct or participation would violate any rule of law applicable thereto.
(Ord. 686 § 6, 1996)
§ 15.12.070 Annual report – Rules – Application for consideration.
The examiner shall annually, on or before December 31st, submit a report to the planning commission concerning the conduct of the examiner's office and any recommendations appropriate for effective administration of the examiner's office and the town's land use controls. The examiner shall appear before the planning commission no sooner than 30 days nor later than 60 days thereafter to discuss said report. The examiner shall prescribe a regular calendar and special setting of matters and rules for the scheduling and conduct of hearings and other rules or procedure. The planner shall schedule matters pursuant to the rules. The clerk-treasurer or his or her designee shall provide all required notices of hearings.
(Ord. 686 § 7, 1996)
§ 15.12.080 Computation of time period.
In computing any period of time prescribed by this chapter within which an act is to be done, the time shall be computed as follows: The first day shall be excluded and the last day shall be included, unless the last day is a holiday, a Saturday, or a Sunday, in which case that day is also excluded. Time periods of six days or less shall not include weekends or legal holidays.
(Ord. 686 § 8, 1996)
§ 15.12.090 Time periods – Procedures.
(1)
Unless a different time period or procedure is established by a particular code section directly applicable to a specific type of proceeding, the following time periods and procedures shall be applicable to actions and decisions of the examiner. To the extent that there are any inconsistencies between this section and those other applicable code sections, the provisions of the other code sections shall control.
Within 10 business days of the conclusion of a hearing, unless a longer period is mutually agreed to by the applicant and the examiner or established by the specific provision governing such matters, the examiner shall render a written decision which shall include findings, conclusions and, where appropriate, conditions all based on the record. The decision of the examiner shall be final and conclusive unless appealed pursuant to LCMC § 15.12.140 and applicable state law.
(2)
The decision shall be served upon the applicant and any other individual or entity who or which has been given status as a party of record, such service to be to the last known address of the applicant or party of record in one of the manners provided by this chapter.
(3)
Any decision affirming the imposition of a civil penalty shall create a personal monetary obligation to the town of La Conner which may be enforced or collected by any legal means by the town attorney or assignee of the town. The town or its assignee shall, in any action to collect, receive its costs and attorney fees, including any appeals. The penalty shall, if unpaid, accrue interest at a rate of 12 percent per annum commencing the sixteenth day after the hearing examiner's decision.
(Ord. 686 § 9, 1996; Ord. 696 § 1, 1997; Ord. 839 § 28, 2001; Ord. 1222 § 2, 2023)
§ 15.12.100 Decision – Reconsideration.
The town or any party of record, who or which disagrees with the decision of the examiner, may make a written request for reconsideration by the examiner within five business days of the date of service of the written decision unless a different period of reconsideration is established by the particular section involved, in which case such specific section shall control. The request for reconsideration shall be filed with the clerk-treasurer upon forms adopted by the town of La Conner and must on its face show that the requestor is a party of record or the town and must allege a specific error of law and/or fact. If the application is adequate and if the examiner chooses to reconsider, the examiner may take such further action as the examiner deems proper and may render a revised decision. Such reconsideration by the examiner shall be made within 10 business days of receipt of the request for reconsideration, unless a longer period is mutually agreed between the town and the examiner. Upon a decision deciding the request for reconsideration, the decision shall be deemed to be the final decision of the examiner for all purposes. The decision upon a request for reconsideration shall be served in the same manner as the original decision. All notices requesting reconsideration shall be filed within the initial five days and there shall be no right to request reconsideration of the examiner's reconsideration of a decision. The costs applying to any reconsideration shall be borne by the individual requesting the reconsideration.
(Ord. 686 § 10, 1996; Ord. 1211 § 2(A), 2022; Ord. 1222 § 2, 2023)
§ 15.12.110 Matters to be decided.
A hearing examiner shall hear and decide matters assigned to the examiner by the council, including but not limited to the following land use matters:
(1)
Such matters as may be prescribed pursuant to the town's land use control ordinances;
(2)
Permits as specified under LCMC § 15.135.050 Table A.
(Ord. 686 § 11, 1996; Ord. 743 § 2, 1999; Ord. 1197 § 2 (Exh. A), 2021)
§ 15.12.120 Recommendations to town council.
The hearing examiner shall make recommendations to the town council which shall take final action with respect to the following matters:
(1)
Recommendations for final long plat approval;
(2)
Parcel specific/non-area-wide rezone request where no comprehensive plan amendment is required.
(Ord. 686 § 12, 1996; Ord. 842 § 13, 2002)
§ 15.12.130 Appeal of administrative decision.
(1)
The hearing examiner shall hear and make a final decision with respect to all appeals of decisions made by the planning director pursuant to the town's land use control ordinances or the public works director pursuant to the town's utility and street development standards. Any such appeals must be filed with the clerk-treasurer no later than 10 days after date of service of the written administrative decision. Any such appeal shall contain the filing fee and, at a minimum, the following information:
(a)
Name, address and daytime telephone number of the appellant and/or any representative;
(b)
The decision or order, or part(s) thereof, being appealed;
(c)
A precise statement as to why the appellant feels himself or herself aggrieved;
(d)
A statement of the relief requested;
(e)
A statement of any applicable legal authority.
(2)
The filing fee must accompany the filing for the appeal for the examiner to acquire jurisdiction over the matter.
(3)
If an appeal is upheld by the hearing examiner the filing fee will be refunded to the appellant and/or representative.
(Ord. 686 § 13, 1996; Ord. 839 § 29, 2001; Ord. 867, 2002; Ord. 898 § 6, 2003; Ord. 1096 § 1, 2013)
§ 15.12.140 Appeal of hearing examiner or town council decision.
The action of the hearing examiner or the town council in any decision shall be final and conclusive unless:
(1)
Within 21 calendar days from the date of action by the hearing examiner or town council, a party of record or the town complies with the requirements of the Land Use Petition Act; or
(2)
If the action is not one properly appealed under the Land Use Petition Act, within 10 calendar days of date of decision by the hearing examiner a party of record or the town files a writ of review with the Skagit County superior court;
(3)
In the case of shoreline conditional use permits and variances and enforcement thereof, within such times as prescribed by Chapter 90.58 RCW (Washington State Shoreline Management Act) a party of record or the town files the appropriate appeal with the Washington State Shoreline Hearings Board; and
(4)
Recommendations by the examiner pursuant to LCMC § 15.12.120 are not appealable.
(Ord. 686 § 14, 1996; Ord. 1197 § 2 (Exh. A), 2021)
§ 15.13.010 Violation – Civil penalty.
Any person violating the provisions of this chapter shall be guilty of a civil infraction and subject to a civil penalty as set forth and established in Chapter 1.15 LCMC.
(Ord. 839 § 14, 2001)
