Mount Vernon City Zoning Code
Division V
ACCESSORY USES, SIGNS, PERFORMANCE STANDARDS
[1]
Prior legislation: Ord. 600 which provides that a planning commission member's term shall cease if he misses over four regularly scheduled meetings in a six-month period.
§ 15.109.010 Purpose.
The purpose of this chapter is to:
(1)
Provide for a range of locations and options for wireless communication providers; and
(2)
Minimize the inherent tendency of wireless facilities to appear inconsistent with the attributes of a historic community, and
(3)
Encourage creative approaches in locating communication facilities which will blend in with the surroundings of such facilities.
(Ord. 786 § 1, 2000)
§ 15.109.020 Applicability.
This chapter applies to the construction, installation and operation of all personal wireless communication facilities ("WCF") within the town limits except for the following:
(1)
Towers, or antennas that are under 50 feet in height, owned and operated by a federally licensed amateur radio station operator, or used exclusively for receive only signals.
(Ord. 786 § 1, 2000)
§ 15.109.030 Certificate of authorization.
A certificate of authorization shall be obtained from the planning director prior to the construction, installation or operation of a wireless communication facility with the town limits.
(Ord. 786 § 1, 2000)
§ 15.109.040 Administering and enforcing authority.
The planning director and/or his/her designated representative are responsible for the general administration, coordination and enforcement of this chapter.
(Ord. 786 § 1, 2000)
§ 15.109.050 Application requirements.
An application for a certificate of authorization to construct, install or operate a personal wireless communication facility shall, at a minimum, include the following:
(1)
Detailed construction drawings, including plan and elevation views, showing the proposed wireless communication facility, support structures, equipment shelters or cabinets and utility lines servicing the proposal;
(2)
Estimated time of construction;
(3)
A description of materials, including exterior surface materials and colors;
(4)
A site plan showing the location of the proposal, topographic features, and existing vegetation;
(5)
A statement demonstrating that an effort to co-locate has been made, or would not be applicable to the specific proposed site.
(Ord. 786 § 1, 2000)
§ 15.109.060 Standards and requirements for wireless communication facilities.
The following standards shall apply to all types of wireless communication facilities:
(1)
Equipment Shelters. Equipment shelters shall be contained wholly within a building or structure, or otherwise appropriately concealed, camouflaged or located underground. When they cannot be located in buildings or underground, equipment shelters or cabinets shall be fenced, screened and landscaped in conformance with Chapter 15.105 LCMC.
(2)
Landscaping. Landscaping shall include a minimum 15-foot sight-obscuring landscape buffer around the accessory equipment facility. Accessory equipment facilities located on the roof of any building shall be enclosed so as to be shielded from view.
(3)
Visual Impact. Site location and development shall preserve the preexisting character of the surrounding buildings and land uses and the zone district. Wireless communication towers shall be integrated through location and design to blend in with the existing visual and structural characteristics of the site. Camouflage and concealment shall be required for towers to blend with the surrounding site features. Existing on-site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the site to the surrounding area.
(4)
Screening of Accessory Equipment Shelters and Cabinets. Accessory equipment facilities used to house wireless communication equipment should be located within buildings or placed underground when possible. When they cannot be located in buildings, equipment shelters or cabinets shall be fenced, screened and landscaped to screen views from adjacent residential or commercial zoned properties. Any landscaping shall be in conformance with Chapter 15.105 LCMC. Accessory equipment facilities located on the roof of any building shall be enclosed so as to be shielded from view. Accessory equipment facilities may not be enclosed with exposed metal surfaces.
(5)
Maximum Noise Levels. No equipment shall be operated so as to produce noise in levels above 45 dB as measured from the nearest property line on which the attached wireless communication facility is located. Operation of a back-up power generator in the event of power failure or the testing of a back-up generator between 8:00 a.m. and 9:00 p.m. are exempt from this standard. No testing of back-up generators shall occur between the hours of 9:00 p.m. and 8:00 a.m.
(6)
Fencing. Security fencing, if used, shall be painted or coated with nonreflective color.
(7)
Lighting. Towers shall not be artificially lighted, unless required by the United States Federal Aviation Administration ("FAA") or other applicable authority. If lighting is required, the governing authority may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. Security lighting for the equipment shelters or cabinets and other on-the-ground ancillary equipment is also permitted, as long as it is appropriately down shielded to keep light within the boundaries of the site.
(8)
Advertising Prohibited. No lettering, symbols, images, or trademarks large enough to be legible to occupants of vehicular traffic on any adjacent roadway shall be placed on or affixed to any part of a telecommunications tower, antenna array or antenna, other than as required by the Federal Communications Commission ("FCC") regulations regarding tower registration or other applicable law. Antenna arrays may be located on previously approved signs or billboards without alteration of the existing advertising or sign.
(9)
Building Standards. Wireless communication support structures shall be constructed so as to meet or exceed the most recent Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard entitled: "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended. Prior to issuance of a building permit the building official shall be provided with an engineer's certification that the support structure's design meets or exceeds those standards. A wireless communication support structure shall be located in such a manner that the structure must be within property boundaries and avoid conflicts with habitable structures, public streets, utility lines and other telecommunications towers.
(10)
Radio Frequency Standards. The applicant shall ensure that the WCF will not cause localized interference with the reception of area television or radio broadcasts. If on review the town finds that the WCF interferes with such reception, and if such interference is not remedied within 30 days, the town may revoke or modify this permit.
(11)
Height. Wireless communication facilities shall be limited in height to the minimum practical for the equipment to provide properly functioning service. Wireless communication facilities are allowed to extend above tree height or any other skyline only if the extension is required for the equipment to function properly, and the extension complies with the requirements of this chapter.
(Ord. 786 § 1, 2000; Ord. 931 § 6, 2004)
§ 15.109.070 Airport restrictions – Notice to FAA.
A notice of proposed construction shall be submitted to the FAA a minimum of 30 days prior to the issuance of any building permit for any wireless communication support structure or attached wireless communication facilities.
(Ord. 786 § 1, 2000)
§ 15.109.080 Obsolescence.
If the use of any wireless communication facility or attached wireless communication equipment is discontinued, the owner of the facility shall:
(1)
Report the discontinuance to the planning director within 15 days of the date the facility or equipment ceases to be operational; and
(2)
Decommission and remove the facility within six months of the date it ceases to be operational; and
(3)
Restore the site to its pre-existing condition; and
(4)
Be allowed to apply to the planning director for an extension of an additional six months if good cause is demonstrated.
(Ord. 786 § 1, 2000)
§ 15.109.090 Co-location required.
(1)
Demonstration of Efforts to Co-locate. No new wireless communication support structure shall be permitted unless the applicant demonstrates that no existing tower or structure can accommodate the applicant's proposed antenna, or that co-location would result in expansion of a legal nonconforming use. Evidence submitted to demonstrate that an existing tower or structure can not accommodate the applicant's proposed antenna may consist of any of the following:
(a)
No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements.
(b)
Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.
(c)
Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
(d)
Existing towers are legally nonconforming with local code.
(e)
The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
(f)
The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable, for instance if costs to co-locate exceed new tower development.
(g)
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(2)
Cooperation in Co-location Efforts. The certificate of authorization may be conditioned to require that a permittee shall cooperate with other wireless communication facility providers in co-locating additional antennas on support structures and/or on existing buildings provided said proposed co-locators have received a certificate of authorization permit for such use at said site from the town. Such a condition may require that a permittee shall exercise good faith in co-locating with other providers and sharing the permitted site, provided such shared use does not give rise to a substantial technical level of impairment of the ability to provide the permitted use (i.e., a significant interference in broadcast or reception capabilities as opposed to a competitive conflict or financial burden). Such good faith shall include sharing technical information to evaluate the feasibility of co-location. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the town may require a third party technical study at the expense of either or both the applicant and permittee.
(3)
If co-location requires an extension in height or expansion of the tower profile, co-locators may be required by the planning director to camouflage or conceal the tower.
(Ord. 786 § 1, 2000; Ord. 931 § 6, 2004)
§ 15.109.100 Permit limitations.
(1)
Maintenance Required. The applicant shall maintain the WCF to standards that may be imposed by the town at the time of the granting of a permit. Such maintenance shall include, but shall not be limited to, maintenance of the paint, structural integrity and landscaping. If the applicant fails to maintain the facility, the town may undertake the maintenance at the expense of the applicant or terminate the permit, at its sole option.
(2)
Compliance with Federal Standards for Radio Frequency Emissions. The applicant shall comply with FCC standards for radio frequency emissions. Within 60 days after the issuance of its building permit, the applicant shall submit a project implementation report which provides cumulative field measurements of radio frequency emissions of all antennas installed at the subject site and compares the results with established federal standards. Said report shall be subject to review and approval of the administrator for consistency with federal standards. If on review the town finds that the wireless communication facility does not meet federal standards, the town may revoke or modify this permit.
(3)
Notice to Town of Change of Ownership. The applicant shall notify the town of all changes in ownership or operation of the facility, within 60 days of the change.
(Ord. 786 § 1, 2000)
§ 15.109.110 Alternatives, modifications, variances.
(1)
Alternatives and Modifications. The applicant may propose alternatives and modifications to the provisions of this chapter. The applicant must demonstrate to the satisfaction of the planning director that such alternatives and modifications would achieve the desired outcome of the provisions of this chapter, and/ or the provisions of this chapter are not applicable to the proposal.
(2)
Variances. See LCMC § 15.125.040.
(Ord. 786 § 1, 2000)
§ 15.109.120 Enforcement.
See Chapter 15.135 LCMC.
(Ord. 786 § 1, 2000)
§ 15.110.010 Certificate of authorization not required.
The following accessory structures and uses do not require a certificate of authorization:
(1)
Storage buildings, utility buildings and greenhouses under 120 square feet in area;
(2)
Antenna/satellite dish antenna less than 20 feet high, four feet wide, and having a bulk area less than 16 square feet;
(3)
Swimming pools, hot tubs, and similar structures, parks, playgrounds, tennis courts, and other recreational uses, all of a private nature, when provided in conjunction with a permitted or conditional use in a district. Swimming pools are not permitted within 25 feet of a steep slope;
(4)
Fences less than six feet high;
(5)
Gardens and orchards;
(6)
Temporary structures or temporary use of existing structures incidental to construction work, which shall be removed upon completion or abandonment of the construction work;
(7)
Interior storage areas for materials and products sold from a site.
(Ord. 671 § 6.1, 1995; Ord. 963 § 1, 2005; Ord. 1191 § 2 (Exh. A), 2020; Ord. 1211 § 2(A), 2022)
§ 15.110.020 Certificate of authorization required.
The following accessory structures and uses require a certificate of authorization:
(1)
Storage buildings, utility buildings, and greenhouses over 120 square feet in area, not to exceed 18 feet in height;
(2)
Antenna/satellite dish antenna more than 20 feet high, four feet wide, and having a bulk area more than 16 square feet. Transmission or receiving towers shall be set back from all property lines a distance equal to or greater than the height of the tower;
(3)
Recreational structures when not provided as part of a permitted or conditional use in a district;
(4)
Fences over six feet high;
(5)
On-site recycling and treatment of waste products associated with principal uses on the same site, subject to all applicable county, state, and federal regulations and permits;
(6)
Any other use not exempted in LCMC § 15.110.010.
(Ord. 671 § 6.2, 1995)
§ 15.110.030 Temporary structures.
Temporary structures shall be defined as any structure or vehicle which is designed to be easily transported or dismantled after its function has been fulfilled, and which is used for residential, commercial or office purposes except the following:
(1)
Floating structures used for sale of seafood and seafood products;
(2)
Vehicles used for sale of produce in season, located in the Commercial Zone; provided, that this exception shall not affect any regulation of such uses imposed by other sections of this code;
(3)
Small prefabricated utility buildings not exceeding 100 square feet, when used for residential accessory purposes;
(4)
Recreational structures when used for recreation in an appropriately designated area;
(5)
Temporary structures when used in conjunction with official local events. The structures are to be removed at the conclusion of the event. If not removed within 24 hours thereafter, the owner shall have forfeited any rights in the structure and the town of La Conner shall have the right to remove the structure;
(6)
Temporary structures in the Industrial Zone for permitted uses;
(7)
Shipping containers are prohibited for use as temporary structures in the Residential and Commercial Zones.
(Ord. 671 § 6.3.A, 1995; Ord. 931 § 5, 2004; Ord. 986 § 9, 2007)
§ 15.110.040 Conditional use permit required.
(1)
Temporary structures shall require an administrative conditional use permit which permit shall be limited to a set period to be established by the planning director, not to exceed 180 days. The structure shall be removed at the end of the permit period. If not removed within 10 days thereafter, the permittee shall have forfeited any rights to the structure, and the town of La Conner shall have the right to remove the structure.
(2)
An administrative conditional permit holder may request an extension of a temporary structure use before the planning commission. Extensions shall not exceed 180 days.
(3)
The use of any temporary structure approved through the conditional use permit process shall remain subject to the restrictions and requirements of the zone in which it is located, parking and loading requirements and other applicable regulations.
(4)
When approved in accordance with this section, the placement or erection of a temporary structure shall require a building permit from Skagit County Planning and Permit Center.
(Ord. 671 § 6.3.B, 1995; Ord. 901 § 6, 2003; Ord. 931 § 5, 2004)
§ 15.110.050 Temporary uses.
Temporary uses in conjunction with an official local event shall be subject to the town's Special Events Application procedure and shall be exempt from the permit procedure of this chapter.
(1)
Under this provision, the planning commission may allow a temporary permit, subject to the provisions of a conditional use permit, for a period not to exceed six months for a use not otherwise allowed in the zone, and not otherwise provided for under this chapter; provided, that the applicant provides evidence substantiating the following:
(a)
There is no reasonable alternative to the temporary use;
(b)
The permit will be necessary for a limited period of time;
(c)
The temporary use does not involve the erection of a substantial structure or require any other permanent commitment of the land;
(d)
The temporary use will not be detrimental to the area or to adjacent properties.
(2)
The planning commission may renew a temporary permit, for a period not to exceed the maximum period of time allowed for an initial temporary permit under this chapter, according to the procedure for a conditional use permit; provided, that the applicant provides evidence substantiating the following:
(a)
The circumstances under which the original permit was granted remain substantially similar;
(b)
The use will not be detrimental to the area or to adjacent properties;
(c)
The use will comply with the comprehensive plan.
(Ord. 671 § 6.4, 1995)
§ 15.110.060 Open air vending.
Open air vending not involving those items listed in RCW 36.71.090 will not be permitted except where forming an integral part of a permanent sheltered business, except for during community events.
(Ord. 671 § 6.5, 1995)
§ 15.110.070 Home occupation – Permit required.
An applicant for a home occupation shall submit an application to Town Hall on forms provided by the planning director. A certificate of authorization for a home occupation may be issued by the planning director; provided, that the following conditions are met:
(1)
The dwelling must be the primary residence of the applicant.
(2)
The occupation or profession shall be carried on wholly within the principal building or other structure accessory thereto, and it shall utilize no more than 25 percent of the gross floor area of the buildings.
(3)
Not more than one person who is not a member of the applicant's immediate family and who is not a resident in the applicant's home may be employed.
(4)
There shall be no exterior display, no exterior alteration of the property including expansion of parking, no exterior storage of materials and no other exterior indication of a home occupation or variation from the residential character of the premises. A sign not exceeding three square feet, identifying the name of the business, may be attached to the building on the premises.
(5)
No use shall require structural alterations to the interior of the building which changes the residential character thereof.
(6)
The use of electrical or mechanical equipment that would change the fire rating of the structure or create visible or audible interference in radio or television receivers or cause fluctuations in line voltage outside the dwelling unit is prohibited.
(7)
In no case shall the home occupation cause more than two additional vehicles to be parked on or near the premises on a regular basis. Adequate parking for the home occupation shall be provided on the premises.
(8)
Any equipment or process used in a home occupation shall comply with Chapter 15.120 LCMC, Operational Performance Standards.
(Ord. 671 § 6.6, 1995; Ord. 1211 § 2(A), 2022)
§ 15.110.080 Accessory dwelling units.
Accessory dwelling units shall be outright permitted uses in the residential zone under the following restrictions:
(1)
An accessory dwelling may be established in an existing single-family dwelling unit or in a detached structure on a legal building lot by any one or combination of the following:
(a)
Alteration of interior space of the dwelling; or
(b)
Conversion of an attic, basement, attached or detached private garage, or other previously uninhabited portion of a dwelling; or
(c)
Addition of attached living area onto an existing dwelling; or
(d)
Construction of a detached living area.
(2)
Each single-household dwelling on a legal building lot may have not more than two accessory dwelling units.
(3)
The owner of the property where the accessory dwelling unit is located must live in the corporate limits of the town of La Conner. The owner shall file evidence of residency within the town as part of the application process.
(4)
The floor area of detached accessory dwellings may be no more than 900 square feet in size on those lots that are under 5,000 square feet in size. On lots 5,000 square feet or larger the floor area for the accessory dwelling may be no more than 1,000 square feet. For ADUs within an existing home the floor area can be as large as the existing primary structure (e.g., ADU could be the entire basement of existing home, ADU could be entire second story of existing garage; etc.). The floor area of an existing structure cannot be expanded for purposes of obtaining a larger ADU.
(5)
The single-family appearance and character of the dwelling unit shall be maintained when viewed from the surrounding neighborhood. The accessory unit shall be compatible in appearance and character with the primary dwelling unit.
(6)
Only one entrance to the residential structure may be located on any street side of the structure; provided, that this restriction shall not affect the eligibility of an existing residential structure that has more than one entrance on the street side on the effective date of the ordinance codified in this chapter.
(7)
The accessory and principal dwelling units shall comply with all applicable requirements of the Building, Fire, and Zoning Codes in effect at the time a technically complete application for an accessory dwelling unit is submitted to the town.
(8)
At least two spaces of off-street parking will be provided for the primary dwelling and a single off-street parking space shall be provided for the accessory dwelling unit.
(9)
A permit for an accessory dwelling unit shall not be transferable to any lot other than the lot described in the application.
(10)
In those instances where accessory dwelling units are rented the intent is for them to be used for long-term rental, month to month or longer. Use as short-term (less than 30 days) rentals or nightly rentals shall not be allowed.
(Ord. 671 § 6.7, 1995; Ord. 1191 § 2 (Exh. A), 2020; Ord. 1255 § 13, 2025)
§ 15.112.010 Purpose.
The purpose of this chapter is to:
(1)
Encourage the retention of historic structures within the town that reflect the town's architectural, artistic, aesthetic, historical, economic and social heritage; and
(2)
Provide standards for the demolition of structures which encourage retention of historic structures, but which do not deprive property owners of reasonable use of their property; and
(3)
Provide operational standards to ensure that noise, dust, dirt and debris resulting from demolition activities do not detrimentally affect the health, safety and general welfare of the general public.
(Ord. 720 § 1, 1998)
§ 15.112.020 Applicability.
This section applies to the demolition of all structures within the town limits except for the following:
(1)
Type I and II structures under 120 square feet in gross floor area.
(2)
Type III structures under 200 square feet in gross floor area.
(Ord. 720 § 1, 1998)
§ 15.112.030 Definitions.
(1)
Demolition.
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.
(2)
Type I Structure.
A structure which is on the Historic Register, is a designated historic landmark, or which was completed for occupancy before January 1, 1940 and is located within the Historic Preservation District.
(3)
Type II Structure.
A structure located within the Historic Preservation District which is not a Type I structure.
(4)
Type III Structure.
A structure which is not a Type I or II structure, or any structure which has been damaged such that the cost to repair or reconstruct exceeds 50 percent of the fair market value of the structure prior to the damage.
(5)
All other terms are as defined in Chapter 15.10 LCMC.
(Ord. 720 § 1, 1998)
§ 15.112.040 Certificate of authorization.
A certificate of authorization shall be obtained prior to the demolition of any Type I, Type II, or Type III structure.
(Ord. 720 § 1, 1998)
§ 15.112.050 Application requirements.
An application for a certificate of authorization to demolish a structure shall, at a minimum, include the following information:
(1)
A listing of materials expected to be removed from the site, including any hazardous materials;
(2)
The methods of demolition and removal from the site;
(3)
The location and method of disposal of the materials;
(4)
Dates and hours of operation;
(5)
A plan for limiting or eliminating noise, dust and dirt impacts to adjacent properties, public rights-of-way, and environmentally sensitive areas;
(6)
For demolition of Type II structures, the application shall also be accompanied by an architectural and historic inventory;
(7)
For demolition of Type I structures, the application shall also be accompanied by an architectural and historic inventory, and an economic analysis;
(8)
Fees for the review of the application as set by the town council. The review fee may include an additional fee to cover expert review of the economic analysis in the event that the planning director determines that the application merits additional review;
(9)
Other information as determined necessary by the planning director;
(10)
If the structure was built prior to 1979, the applicant must test for lead and provide results of this test with the application.
(Ord. 720 § 1, 1998; Ord. 1255 § 14, 2025)
§ 15.112.060 Economic analysis.
(1)
At the public hearing on any application for a certificate of authorization to demolish a Type I structure, or a Type II structure if the removal will be detrimental to the historic or architectural character of the Historic Preservation District, the commission shall, when requested by the property owner, consider evidence of the economic impact on the owner of the denial or partial denial of a certificate. In no case may a certificate be denied, in whole or in part, when it is established that the denial or partial denial will, when available incentives are utilized, deprive the owner of any reasonable economic use of the structure and when there is no viable or reasonable alternative which would have less impact on the features of significance.
(2)
To prove the existence of a condition of unreasonable economic return, the applicant must establish and the commission must find, both of the following:
(a)
The owner has the present intent and the secured financial ability, demonstrated by appropriate documentary evidence to complete the demolition, and, if applicable, reconstruction; and
(b)
The historic property on which the structure is located is incapable of earning a reasonable economic return without completing the proposed demolition. This finding shall be made by considering, and the applicant shall submit to the commission, evidence establishing the following factors:
(i)
The current level of economic return on the property considered in relation to the following:
(A)
The amount paid for the property, the date of purchase, and party from whom purchased, including a description of the relationship, if any, between the owner and the person from whom the property was purchased;
(B)
The annual gross and net income, if any, from the property for the previous five years; itemized operation and maintenance expenses for the previous five years; and depreciation deduction and annual cash flow before and after debt service, if any, during the same period;
(C)
The remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, during the prior five years;
(D)
Real estate taxes for the previous four years and assessed value of the property according to the two most recent assessed valuations;
(E)
All appraisals obtained within the previous three years by the owner in connection with the purchase, financing or ownership of the property;
(F)
The fair market value of the property immediately prior to its designation and the fair market value of the property at the time the application is filed;
(G)
Form of ownership or operation of the property, whether sole, proprietorship, for-profit or not-for-profit corporation, limited partnership, joint venture, or both;
(H)
Any state or federal income tax returns on or relating to the property for the last two years.
(ii)
The property is not marketable or able to be sold when listed for sale or lease. The sale price asked, and offers received, if any, within previous two years, including testimony and relevant documents shall be submitted by the property owner. The following shall also be considered:
(A)
Any real estate broker or firm engaged to sell or lease the property;
(B)
Reasonableness of the price or lease sought by the owner;
(C)
Any advertisements placed for the sale or lease of the property.
(iii)
The infeasibility of alternative uses that can earn a reasonable economic return for the property as considered in relation to the following:
(A)
A report from a licensed engineer or architect with experience in historic restoration or rehabilitation as to the structural soundness of the property and its suitability for restoration or rehabilitation.
(B)
Estimates of the proposed cost of the proposed alteration and an estimate of any additional cost that would be incurred to comply with the recommendation and decision of the commission concerning the appropriateness of the proposed alteration;
(C)
Estimated market value of the property in the current condition after completion of the proposed alteration; and, in the case of proposed demolition, after the renovation of the property for continued use;
(D)
In the case of proposed demolition the testimony of an architect, developer, real estate consultant, appraiser or other real estate professional experienced in historic restoration or rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing property;
(E)
The infeasibility of new construction around, above, or below the historic resource.
(iv)
Potential economic incentives and/or funding available to the owner through federal, state, county, city or private programs.
(3)
Notwithstanding the foregoing enumerated factors, the property owner may demonstrate other appropriate factors applicable to economic return.
(4)
Upon reasonable notice to the owner, the town may appoint an expert or experts to provide advice and/or testimony concerning the value of the property, the availability of incentives and the economic impacts of approval, denial or partial denial of a certificate of authorization to demolish. The cost of such expert advice or testimony shall be the responsibility of the applicant.
(5)
Any adverse economic impact caused intentionally or by willful neglect shall not constitute a basis for granting a certificate of authorization.
(Ord. 720 § 1, 1998; Ord. 1211 § 2(A), 2022)
§ 15.112.070 Architectural and historic inventory.
The architectural and historic inventory will provide a record of building size and scale, important site features, and the structure's historic relationship to surrounding properties, views and open spaces so that these features can be used in historic design review and incorporated into the design of new construction on the site. The inventory shall consist of the following:
(1)
A site plan drawn to a standard engineering scale showing the location and size of existing structures, driveways, trees, sidewalks, open spaces, environmentally sensitive areas, and other site features.
(2)
Diagrams, pictures, elevations or other descriptive illustrations which clearly show the current and past relationship of the structure to the site, to the street, to structures, open spaces, views and significant natural features within 300 feet. This may take the form of one or a combination of the following: Figure-ground drawings of the site and surrounding area, architectural sections or elevations of the site and surrounding area, and/or pictures of the site, streetscape and surrounding area.
(3)
Architectural elevations of the structure proposed for demolition.
(4)
A written summary of the historical significance of the structure, including the following: Date of construction, history of its use, significant historical events that occurred in the structure, dates of significant additions to or changes to the structure which affect its character, and other relevant information.
(Ord. 720 § 1, 1998)
§ 15.112.080 Criteria for approval of demolition – Type III structures.
A certificate of authorization to demolish a Type III structure shall not be granted unless the following criteria have been met:
(1)
The proposal meets the operational standards of Chapter 15.120 LCMC and the health, safety, and general welfare standards of Chapter 7.05 LCMC.
(2)
All dust and debris will be kept from adjacent properties.
(3)
Safety fencing will be placed around the site during activity.
(4)
There will be no storage of debris or materials in public rights-of-way.
(5)
Any debris accidentally deposited will immediately be cleared off of the public right-of-way.
(6)
Dust or dirt will be cleaned off of the right-of-way at the end of each working day.
(7)
All demolition debris will be removed to an approved landfill.
(Ord. 720 § 1, 1998)
§ 15.112.090 Criteria for approval of demolition – Type II structures.
A certificate of authorization to demolish a Type II structure shall not be granted unless all of the following criteria have been met:
(1)
The application meets the requirements for demolition of a Type III building; and
(2)
The applicant has received a certificate of authorization for the new replacement structure; and
(3)
The removal of the structure will not be detrimental to the historic and architectural character of the Historic Preservation District. The removal of a structure will be determined to be detrimental to the historic and architectural character of the Historic Preservation District if the structure meets three or more of the following criteria:
(a)
It embodies the distinctive architectural characteristics of a type, period, style, or method of design or construction.
(b)
It is the only remaining, or one of the few remaining structures of a particular style, building type, design, material, or method of construction.
(c)
It is a conspicuous visual landmark in the community or neighborhood.
(d)
It is an important or critical element in establishing or contributing to the continuity or character of the street, neighborhood or area.
(e)
It is associated with the lives of persons significant in national, state, or local history.
(4)
If the proposal would be detrimental to the historic and architectural character of the Historic Preservation District, as described above, the applicant demonstrates that the proposal meets the criteria for demolition of Type I structure, in which case an economic analysis must be submitted.
(Ord. 720 § 1, 1998)
§ 15.112.100 Criteria for approval of demolition – Type I structures.
A certificate of authorization to demolish a Type I structure shall not be granted unless the following criteria have been met:
(1)
The application meets the requirements for demolition of a Type III building; and
(2)
The applicant has received a certificate of authorization for the reconstruction of the structure if it meets the criteria found in LCMC § 15.50.070(4); and
(3)
Denial or partial denial of the permit will deprive the owner of reasonable economic use of the property and there is no viable or reasonable alternative which would have less impact; or
(4)
The structure is so deteriorated, and there is so little historical information that it would be impossible to retain the historic, cultural and architectural significance of the structure through rehabilitation or renovation.
(Ord. 720 § 1, 1998)
§ 15.112.110 Administration.
(1)
The planning director shall review and approve, approve with conditions, or deny any application to demolish a Type III structure.
(2)
The planning commission shall review and approve, approve with conditions, or deny any application to demolish a Type I or Type II structure.
(Ord. 720 § 1, 1998)
§ 15.112.120 Enforcement.
It shall be unlawful to demolish a structure without a permit approved pursuant to the requirements of this chapter. This chapter shall be enforced pursuant to Articles VIII, IX, and X of Chapter 15.135 LCMC. Violations of this chapter shall be subject to a civil penalty of twice the amount of the fair market value of the structure prior to its demolition.
(Ord. 720 § 1, 1998)
§ 15.115.010 Purpose.
The purpose of this chapter is to regulate signage in an effort to keep the town of La Conner a safe and attractive place in which to live and do business, to reserve and reflect the historic character of the community and assure consideration of:
(1)
Pedestrians, motorists, cyclists, visitors, residents, home occupations, shops, other buildings, and real property;
(2)
Safety through care in placement, sizing and illumination of signs so as to avoid visual clutter, distraction or obstruction of vision of pedestrians and motorists, or obstruction of right-of-way;
(3)
Economy for those erecting signs, or maintaining or modifying already-existing signs, through care in style and construction by providing adequate time to replace signs which do not comply with the new standards; by protecting property values; and by preserving the community character which attracts visitors and new residents and sustains business development;
(4)
Aesthetic benefits to business districts and the community at large through consistency in style, placement, scale and harmony of signs with buildings and natural settings;
(5)
Compatibility of signs with the architectural and historical qualities of La Conner;
(6)
General safety and welfare of the public, through fair and consistent enforcement of these sign regulations.
(Ord. 671 § 7.1, 1995; Ord. 1222 § 2, 2023)
§ 15.115.020 Applicability.
(1)
This chapter shall apply to all signs as defined by this code except traffic signs erected under the authority of the town, signs directing traffic or parking on private property, signs stating business hours, vending machines, and state agency recommended signs. Private traffic and parking signs shall not exceed two square feet in area.
(2)
The town council intends that to the fullest extent authorized by Chapter 47.42 RCW, the Highway Advertising Control Act – Scenic Vistas Act, now or as hereafter amended, shall also govern any street, bridge, pier or dock in the town of La Conner.
(Ord. 671 § 7.2, 1995; Ord. 1222 § 2, 2023)
§ 15.115.030 Signs exempt from certificate of authorization.
The following signs are exempt from the permit requirements of this chapter, and shall not be included in the computation of sign size area for regulated signs. This shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance and its compliance with any other applicable law or ordinance. Exempt signs are:
(1)
Signs associated with active construction posted during the construction period, and 30 days after an occupancy permit has been issued, subject to the following:
(a)
One unilluminated, double-faced sign is permitted for each public street upon which the project fronts;
(b)
No sign shall exceed 24 square feet in area or eight feet in height, or be located closer than 20 feet from the property line of the adjoining property; and
(c)
Signs must be removed by the date of first occupancy of the premises or one year after placement of the sign, whichever occurs first;
(2)
(a)
Signs up to eight square feet in area that are posted on developed residential property or buildings actively for sale, lease, or rental, limited to one sign per street frontage. Signs must be removed within 30 days of the sale, lease, or rental process being completed; and
(b)
Signs up to 24 square feet in area that are posted on undeveloped residential property or commercial or industrial property or buildings actively for sale, lease, or rental, limited to one sign per street frontage. Signs must be removed within 30 days of the sale, lease, or rental process being completed;
(3)
Traffic control signs established by the Manual on Uniform Traffic Control Devices (MUTCD), installed by a government entity, or authorized by the public works department;
(4)
Signs required by law pursuant to LCMC § 15.115.020;
(5)
Temporary signs no larger than 16 square feet, to be removed within five days following cessation of the activity related to the sign. New businesses may have temporary signs in addition to their permitted signs, for a period of not more than 30 days from the date of their opening. Temporary signs shall not incorporate or include flags, spinners, pennants, ribbons, balloons, or similar devices;
(6)
Signs relating to construction in progress, which shall total no more than 16 square feet;
(7)
Signs posted on or attached to the inside of store front windows; provided, that such signs do not occupy more than 40 percent of the window;
(8)
Signs within a building (not in a window) that are not intended to be viewed from a public right-of-way;
(9)
The flag of a government or noncommercial institution, such as a school. Such flags are not to exceed 48 square feet. Flags greater than 48 square feet are permitted in Commercial, Transitional Commercial, and Industrial Zones; provided, that any square footage of such flag greater than 48 square feet shall be applied to the overall permitted signage of the property;
(10)
Window merchandise displays;
(11)
Commemorative plaque signs, in compliance with LCMC § 15.115.040;
(12)
Signs required for the safe navigation of the Swinomish Channel;
(13)
Vehicle signage, except that large, billboard-type signs are not permitted on vehicles;
(14)
Official or legal notices issued and posted by any public agency or court; and
(15)
Temporary signs shall not be placed on any sidewalk or other public right-of-way.
(Ord. 671 § 7.3, 1995; Ord. 963 § 2, 2005; Ord. 1030 § 1, 2009; Ord. 1211 § 2(A), 2022; Ord. 1222 § 2, 2023)
§ 15.115.040 General requirements.
(1)
All signs to which this chapter applies shall conform to the general requirements set forth in LCMC § 15.115.050 through § 15.115.100 regardless of whether a certificate of authorization is required.
(2)
The planning director shall review all sign permit applications for compliance with this code. At the discretion of the planning director, a sign permit application may be referred to the planning commission for final decision.
(Ord. 671 § 7.4, 1995; Ord. 1030 § 1, 2009; Ord. 1222 § 2, 2023)
§ 15.115.050 Total allowable sign area.
Includes all signs and all sides and stories of buildings unless otherwise exempted under LCMC § 15.115.030.
(1)
The total allowable sign area per building shall be the larger of 20 square feet or seven percent of any facade. Facade square footage shall be calculated as the vertical surface between the ground and roof line including all doors, windows, and parapet walls. Seven percent shall be determined by an as-built drawing or legal verification if deemed necessary by the planner or planning commission.
(2)
A directory sign on a multi-business building shall not exceed five square feet per business to a maximum of 30 square feet per building and shall not be included in the total allowable sign area.
(3)
Commemorative plaques or other signs in a residential zone shall be no larger than three square feet.
(Ord. 671 § 7.4.A, 1995; Ord. 1222 § 2, 2023)
§ 15.115.060 Number of signs allowed.
(1)
Single Business Buildings. No more than three signs, one of which may be freestanding or projecting.
(2)
Multi-Business Buildings.
(a)
No more than one per business outside an entrance or dock, flat mounted or projecting.
(b)
Additional signage per business is allowed if it is part of building directories.
(c)
One building identification sign per side facing a public thoroughfare will not be counted in the seven percent allowable sign area.
(3)
One flatly affixed commemorative plaque allowed per building.
(Ord. 671 § 7.4.B, 1995; Ord. 1132 § 3, 2015; Ord. 1222 § 2, 2023)
§ 15.115.070 Allowable sign types.
All signs shall conform to the height and setback requirements of the zone in which they are located. Signs may not exceed the height, width and depth of the building to which they are attached.
(1)
Awning/Canopy Sign.
(a)
Minimum eight feet clearance from ground;
(b)
The entire awning shall not be considered a sign, except the face area of the awning to which the advertising copy is attached or placed, shall be considered a sign.
(2)
Directional Sign.
(a)
May be no more than nine square feet;
(b)
Shall provide directions to public facilities such as restrooms, parks, parking lots, museums, and marinas;
(c)
Directional signs may be off premises.
(3)
Directory Sign.
(a)
One per right-of-way or public access venue for multi-business buildings;
(b)
Shall not exceed five square feet per business to a maximum of 30 square feet per building per directory;
(c)
Shall not be included in the total allowable sign area;
(d)
A business is allowed one off-premises sign in an approved directory with the written permission of the property owner.
(4)
Freestanding Sign.
(a)
May not exceed 10 feet in height;
(b)
Shall have a landscaped area twice the size of the sign area at the base of the sign;
(c)
Limited to one per building regardless of the number of businesses within the building;
(d)
Not allowed if a building already has a projecting sign.
(5)
Projecting Sign.
(a)
Shall project no more than four feet from building;
(b)
Must leave at least eight feet of clearance from the ground;
(c)
Are limited to one per building entrance regardless of the number of businesses within the building or advertised on the sign;
(d)
Are not allowed if the building already has a freestanding sign;
(e)
If projecting over a public right-of-way, a hold harmless agreement must be provided to, and approved by, the town of La Conner;
(f)
If the same copy is on both sides, count one side in the sign area allotment; if different copy is on both sides, count both sides in the sign area allotment.
(6)
Window Sign.
(a)
Window graphics may not occupy more than 25 percent of the total area of the window in which they are displayed.
(b)
Not to be included in total sign area allotment.
(7)
Sandwich Board Sign.
(a)
Siting.
(i)
Only one sign allowed per business on private property but not in a designated parking area or fire lane. The sandwich board sign can be no larger than two feet wide by three feet high;
(ii)
Not included in the total sign allotment;
(iii)
Not permitted on public property, except those businesses without adequate space on their property may place a sandwich board sign within the right-of-way (as close as practical to the business building), providing it can be placed in a safe location and meets the following requirements, as approved by the planning director:
(A)
Must comply with the clear visibility triangle requirements set forth in LCMC § 15.75.130.
(B)
Ensure drive access aprons and ADA access are kept clear.
(C)
Allow the minimum standard of four feet clear pedestrian passage on the sidewalks.
(D)
No sandwich board signs on the boardwalk.
(8)
Signs painted on walls.
(9)
Official Community Event Banners.
(a)
Banners may only promote official community events or events approved by the town council.
(b)
Proposed banner design must be submitted to the planning department for approval at least six weeks in advance of the event.
(c)
All approved banners must meet current banner specifications provided by the town public works department.
(d)
Banner Message and Content.
(i)
Primary content: event name and date;
(ii)
Secondary content: sponsor logos only – fonts must be 50 percent of primary content font;
(iii)
There should be no commercial content through sponsorship identity.
(e)
Display Limitations.
(i)
The banner may be displayed a maximum of three weeks prior to the event.
(ii)
Where time conflicts occur, the town council will decide the priority display of the banners.
(f)
Installation and Removal. All banner installations and removal will be conducted by the public works department staff.
(10)
Flat affixed signs.
(11)
Wayfinding Signs. Wayfinding signs are deemed essential to the orderly growth of the community, and especially the downtown area. Wayfinding signs shall be permitted for groups of three or more users, with designs and locations approved by the town council. When located on public property, users shall pay an annual fee to the town, which fee shall be established and amended from time to time by resolution of the town council. Users shall be selected on a first come, first served basis.
(12)
Reader Board Signs. Reader board signs are intended to provide information to the community. Reader board signs are permitted only on public property. If an electronic message is used, that message is not defined as internally illuminated.
(Ord. 671 § 7.4.C, 1995; Ord. 887, 2003; Ord. 963 § 2, 2005; Ord. 1030 § 1, 2009; Ord. 1084 § 1, 2012; Ord. 1132 § 3, 2015; Ord. 1167 § 2, 2018; Ord. 1211 § 2(A), 2022; Ord. 1222 § 2, 2023)
§ 15.115.080 Lighting.
(1)
Indirect lighting only allowed.
(2)
Colored, flashing or intermittent lighting not allowed. Exterior neon signs are prohibited.
(Ord. 671 § 7.4.D, 1995; Ord. 887, 2003; Ord. 1222 § 2, 2023)
§ 15.115.090 Allowable design materials and maintenance.
(1)
Signs shall be made of professional quality and durable materials, such as metal or wood.
(2)
Sign design shall be consistent with the district and neighborhood when in the Historic Preservation District.
(3)
Signs must be maintained and not left in disrepair, damaged condition, or in need of painting or material replacement.
(Ord. 671 § 7.4.E, 1995; Ord. 887, 2003; Ord. 1030 § 1, 2009; Ord. 1222 § 2, 2023)
§ 15.115.100 Compliance.
All signs requiring a certificate of authorization must comply with this code. No sign shall be permitted unless it conforms to the provisions of this chapter. Any sign located within the town's Historic Preservation District shall be made of materials compatible with the historic nature of the town and surrounding buildings, and colors selected from the historic palette.
(Ord. 671 § 7.4.F, 1995; Ord. 1030 § 1, 2009; Ord. 1222 § 2, 2023)
§ 15.115.110 Prohibited signs.
The following exterior signs are prohibited:
(1)
Abandoned signs or signs in poor repair. Obsolete signs shall be removed within five days following termination of use;
(2)
Bench signs;
(3)
Billboards;
(4)
Flashing, revolving or any other moving signs, including streamers, banner signs (except those approved as temporary signs), and sandwich board signs worn by a person. A clock with moving hands and a barber pole are permitted;
(5)
Off-premises signs except those exempted in LCMC § 15.115.030 and § 15.115.070(3)(d) and directional signs;
(6)
Roof mounted signs, including any signs painted directly on a roof surface;
(7)
Signs which restrict the visibility of traffic or traffic control devices, which block fire lanes, create a safety hazard for pedestrian or vehicular traffic or block vistas, viewpoints, view corridors or visual access to the shoreline;
(8)
Signs attached to rocks, trees, utility poles, street signs or any other public property;
(9)
Backlighted signs;
(10)
Signs with colored lighting;
(11)
Portable signs other than sandwich board signs;
(12)
Any sign that is otherwise allowed, but does not comply with the provisions of this chapter;
(13)
Signs that purport to be, or are, an imitation of or resemble an official traffic sign or signal;
(14)
Signs that are the primary use of the land on which they are located;
(15)
Signs that are attached to fences; and
(16)
Inflatable signs.
(Ord. 671 § 7.5, 1995; Ord. 887, 2003; Ord. 963 § 2, 2005; Ord. 1084 § 2, 2012; Ord. 1222 § 2, 2023)
§ 15.115.120 Nonconforming signs.
(1)
Signs with certificates of authorization granted before the present sign ordinance adoption may be continued subject to provisions of subsection (2) of this section. Any sign without a current certificate of authorization shall be removed within 10 days of notice. The burden of establishing a sign to be legally nonconforming under this section rests upon the person or persons, firm, or corporation claiming such legal status for a sign.
(2)
Loss of nonconforming status occurs when:
(a)
A sign is altered or replaced in any way in structure. Change of lettering style and routine maintenance are permitted.
(b)
A sign is relocated.
(c)
Any new sign is erected or placed in connection with the business using the nonconforming sign.
(d)
The type of a business changes.
(e)
Change of business name in a directory sign does not constitute loss of nonconforming status.
(3)
With notification of loss of nonconforming status, the sign must be brought into compliance with this chapter and a new sign permit secured. An increase in nonconforming status will be construed to be a violation of this chapter and such sign will be subject to removal.
(4)
Structural repairs to nonconforming signs shall not be permitted.
(Ord. 671 § 7.6, 1995; Ord. 887, 2003; Ord. 1222 § 2, 2023)
§ 15.115.122 Inspection.
Signs may be inspected periodically by the planning director, code enforcement officer, or other administrative official for compliance with this and other codes of the municipality.
(Ord. 1222 § 2, 2023)
§ 15.115.124 Maintenance.
All signs and components thereof shall be kept in good repair and in a safe, neat, clean and attractive condition. Any sign not maintained in accordance with this section shall be subject to the enforcement and removal provisions contained in LCMC § 15.115.126.
(Ord. 1222 § 2, 2023)
§ 15.115.126 Removal.
(1)
If any permanent sign shall be unlawfully installed, erected or maintained in violation of any provisions of this chapter, the owner or the person or firm maintaining same shall, upon written notice by the administrative official, make such sign conform to the provisions of this chapter, or shall remove it within 30 days. Said party shall only be authorized to exercise the appeal rights set forth in LCMC § 15.115.130 after application has been made and permit fees paid, if applicable. Provided, the 30-day appeal period shall commence upon the date of notice, whether a permit was applied for or not.
(2)
If any temporary sign shall be unlawfully installed, erected or maintained in violation of any provisions of this section, the owner or the person or firm maintaining same shall, upon written notice by the planning director, code enforcement officer, or other designated administrative official, make such sign conform to the provisions of this chapter, or shall remove it within two business days. In the event compliance is not obtained, enforcement action including the imposition of penalties shall be brought by the town attorney.
(3)
If any order of the planning director, code enforcement officer, or other designated administrative official, as set forth in subsection (1) or (2) of this section, is not complied with, the official may cause such sign to be removed at the expense of the owner or lessee.
(4)
Signs which the planning director, code enforcement officer, or other designated administrative official finds upon public streets, sidewalks, rights-of-way, or other public property may be immediately removed by the official without prior notice. For signs that appear to the code administrator to have substantial value (that is, other than poster board types of signs), the sign will be retained for five business days and the code administrator shall make a reasonable attempt to notify the sign owner that the sign has been confiscated and extend an offer for the owner to retrieve the sign within this five-business-day time period. Hazardous signs shall be removed in accordance with the International Building Code. This section does not create any liability by the city for failing to retain the sign for the time specified or for the manner in which the sign is stored, maintained or disposed of, or for failure to notify the owner.
(Ord. 1222 § 2, 2023)
§ 15.115.130 Appeal of planning commission or planning director decision.
An appeal of a planning commission or town planner decision may, by any aggrieved person, be made to the hearing examiner, in writing, within 10 days of the decision and payment of an appeal fee hereby set at one-half the original fee for a sign permit. The decision of the hearing examiner is final.
(Ord. 671 § 7.7, 1995; Ord. 1030 § 1, 2009; Ord. 1222 § 2, 2023)
§ 15.120.010 General.
All uses shall meet the requirements of the Northwest Air Pollution Authority and Maximum Environmental Noise Levels, Chapter 173-60 WAC and other applicable federal and state regulatory agencies.
(Ord. 671 § 8.1, 1995)
§ 15.120.020 Noise.
On-site sound levels and accumulative industrial district sound levels are not to exceed levels established by noise control regulations of the Department of Labor and Industries. Maximum permissible environmental noise levels to be emitted to adjacent properties are not to exceed levels of the environmental designations for noise abatement (EDNA) as established by the state of Washington Department of Ecology as now exists or is hereafter amended. EDNA classifications will conform to certain zone designations established under this code as follows:
Class A EDNA: | Residential Zone |
Class B EDNA: | Commercial Zone, Public Use Zone |
Class C EDNA: | Industrial Zone |
(Ord. 671 § 8.2.A, 1995)
§ 15.120.030 Vibration.
Every use shall be so operated that the ground vibration inherently and/or recurrently generated from use and/or equipment other than vehicles is not perceptible without instruments at any point on or beyond any zone district boundary in which the use is located.
(Ord. 671 § 8.2.B, 1995)
§ 15.120.040 Air pollution – Emissions.
Emissions of smoke, dust and other particulate matter, toxic and noxious gasses are not to exceed current standards set by the local air pollution authority (Northwest Air Pollution Control Authority) and all Washington State and federal standards as now exist, or are hereafter amended.
(Ord. 671 § 8.2.C, 1995)
§ 15.120.050 Fire and explosive hazards.
The manufacture, use, or processing of flammable liquids or materials which produce flammable or explosive vapors or gasses shall be permitted only in accordance with the regulations of the fire prevention and building codes of the town of La Conner that now exist or are hereafter amended.
(Ord. 671 § 8.2.D, 1995)
§ 15.120.060 Electromagnetic interference.
No activity shall emit electrical disturbance adversely affecting the operation of equipment or appliances at any point beyond the boundaries of the location of the use creating such disturbance.
(Ord. 671 § 8.2.E, 1995)
§ 15.120.070 Surface water.
There shall be no pollution of surface or subsurface drainage waters.
(Ord. 671 § 8.2.F, 1995)
§ 15.120.080 Screening.
Commercial and industrial uses and public parking areas shall be screened from adjacent residential uses. The use for which a sight-obscuring fence or planting is required shall not begin operation until the fence or planting is erected or in place and approved by the town council or designee. An exception to the screening requirement may be granted if the owner of the residential use files a written statement that such screening is not desired, and that any such screening needed in the future shall be installed at the expense of the residential property owner. Fences for the purpose of screening shall be a minimum of five feet in height.
(Ord. 671 § 8.2.G, 1995)
§ 15.120.090 Outdoor storage areas.
All outdoor storage yards shall be screened by a fence or wall at least six feet high.
(Ord. 671 § 8.2.H, 1995)
§ 15.120.100 Heat, glare, and steam.
Any activity producing steam, heat or glare shall be carried on in such a manner that the steam, heat or glare shall not create a nuisance beyond the boundary lines of the district within which the use is located. No building materials may be used in construction of buildings where reflected sunlight would throw intense glare on adjacent areas. Direct light from high intensity lamps shall not result in glare upon surrounding residential areas.
(Ord. 671 § 8.2.I, 1995)
§ 15.120.110 Disposal of wastes.
Disposal of wastes shall be subject to regulations of the state and local health department, Department of Ecology, and local, state and federal pollution controls as now exist, or are hereafter amended.
(1)
Storage of Garbage. A plan approved by the town for temporary (one-week) storage of garbage will be required in the commercial and industrial areas.
(2)
Recycling. New construction and major remodeling ($25,000), in all zones, will include an approved site for temporary storage of on-site generated recyclables and garbage.
(Ord. 671 § 8.2.J, 1995)
§ 15.120.120 Erosion.
Property owners must take all reasonable steps to prevent erosion by either wind or water which damages properties or carries objectionable substances into or through neighboring properties, ground water or storm drains.
(Ord. 671 § 8.2.K, 1995)
§ 15.125.010 Existing nonconforming development.
(1)
"Nonconforming development" means any property upon which is located a "nonconforming use" or a "nonconforming structure" as defined in this section.
(2)
"Nonconforming use" means a use which was lawfully established but which does not conform to present regulations.
(3)
"Nonconforming structures" are those:
(a)
That were legally established and are nonconforming with regard to performance standards, such as setbacks, buffers or yards; area, bulk, height or density; or
(b)
For which a variance has been issued.
(4)
Structures.
(a)
A nonconforming structure may be maintained and repaired and may be enlarged or expanded; provided, that said enlargement or expansion does not increase the extent of nonconformity by further encroaching upon or extending into areas where construction or use would not be allowed for new development or uses. A nonconforming structure which is moved any distance must be brought into conformance with La Conner Municipal Code.
(b)
A nonconforming structure may be expanded only pursuant to an administrative conditional use permit providing the expansion is not more than 20 percent of the existing structure, if approved using the following evaluation criteria:
(i)
The impact of traffic generated by the proposed use on the surrounding area, pedestrian circulation and public safety, and the proposal's ability to mitigate potential impacts.
(ii)
The site has sufficient area to provide for off-street parking, landscaping and screening from adjacent uses.
(iii)
Provides a service to the general area.
(iv)
The adequacy of streets, utilities and public services to accommodate the proposed use.
(v)
Compatibility of the proposed use or building to surrounding properties, especially as it relates to size, height, location and setback of buildings.
(vi)
The number, size and location of signs and lighting, especially as they relate to more sensitive land uses.
(vii)
The landscaping, buffering and screening of parking, loading and storage areas.
(viii)
The generation of nuisance irritants such as noise, smoke, odor, glare, visual blight or other undesirable environmental impacts.
(ix)
Consistency with the goals and policies of the comprehensive plan and the purpose of the zone in which it is located.
(x)
Consistency with the environmental policies as stipulated in the SEPA ordinance.
(xi)
Compliance with other provisions of this title and other town, state and federal regulations.
(c)
Under no circumstances shall the expansion result in the following:
(i)
Increasing the number of dwelling units further above the maximum allowed by the zoning code; or
(ii)
Decreasing the number of off-street parking spaces further below the minimum required by the zoning code.
(5)
Uses.
(a)
Uses that were legally established and are nonconforming with regard to the use within the zone or district may continue as legal nonconforming uses. Such uses shall not be enlarged or expanded.
(b)
A use that was listed as a conditional use prior to adoption of the current code or any relevant amendment and for which a conditional use permit has not been obtained shall be considered a nonconforming use.
(c)
If a nonconforming use is discontinued for a period of six consecutive months, or if such use is superseded by a conforming use, the nonconforming use may not recommence. In addition, up to a maximum of three six-month extensions may be granted by the planning director following a written request; provided, that the planning director finds that the owner is actively marketing the property as its nonconforming use. It shall not be necessary to show that the owner of the property intends to abandon such nonconforming use in order for the nonconforming rights to expire.
(6)
Restoration of Nonconforming Development. If a structure is: (a) a nonconforming structure that is damaged to an extent not exceeding 50 percent of the current replacement cost of the original structure, it may be reconstructed to those configurations existing immediately prior to the time the structure was damaged; provided, that application is made for the permits necessary to restore the structure within six months of the date the damage occurred, all permits are obtained and the restoration is completed within two years of permit issuance; or (b) a nonconforming structure listed on the historic buildings inventory that is damaged or destroyed, it may be rebuilt exactly as it existed prior to the damage or destruction.
(Ord. 671 § 9.1, 1995; Ord. 791, 2000; Ord. 884 § 3, 2003; Ord. 931 § 3, 2004; Ord. 979 § 6, 2006; Ord. 1014 § 1, 2008; Ord. 1077 § 1, 2012)
§ 15.125.020 Change of use.
(1)
The conversion of the use or the addition in square footage or the conversion of any dwelling so as to accommodate more dwelling units shall require a change of use permit prior to any such conversion or addition.
(2)
The change of use shall be based on International Building Code (IBC) classifications for use or occupancy. A copy of the change of use permit shall be forwarded to the Skagit County permit center.
(3)
For the purposes of this code, the conversion of an existing residential structure to housing for people with functional disabilities shall not be deemed a change of use.
(Ord. 671 § 9.2, 1995; Ord. 963 § 6, 2005)
§ 15.125.030 Projections into required setbacks.
(1)
Architectural features may not project into the required setbacks, except roof eaves may project into the setback a maximum of 12 inches.
(2)
Open fire escapes may project a distance not exceeding 48 inches.
(3)
An uncovered ground level patio, or underground structure, may extend to within three feet of a side lot line or within 10 feet of a front or rear lot line.
(Ord. 671 § 9.3, 1995; Ord. 1009 § 1, 2008)
§ 15.125.040 Variances.
(1)
Authority and Applicability.
(a)
Hearing Examiner Variances (Type IV Permit). The hearing examiner shall have the authority to grant variances from the provisions of this code.
(b)
Administrative Variances (Type II Permit). The planning director shall have the authority to grant variances from the following development standards when no other permit or approval requires hearing examiner review:
(i)
Residential Land Uses. Lot dimensions, setbacks and allowed projections into setbacks; and
(ii)
Commercial and Industrial Land Uses. Screening of surface and roof mounted equipment and landscaping requirements; and
(iii)
Parking. Landscaping and screening requirements.
(c)
Filing of Application. A property owner, or his duly authorized agent, may be required to file an application for a variance, which application shall set forth fully the grounds therefore and the facts deemed to justify the granting of such variance.
(d)
Submittal Requirements and Application Fees. Shall be as listed in LCMC § 15.135.070, Application for permit; and fees as approved by Council Resolution 236.
(e)
Public Notice Requirements. Notice of the application shall be given pursuant to LCMC § 15.135.110, Public notice requirements.
(2)
Decision Criteria. The reviewing official shall have authority to grant a variance upon making a determination in writing that the conditions specified below have been found to exist. Under no circumstances shall the reviewing official grant a variance to allow a use not permissible under the terms of this code in the district involved on any use expressly, or by implication, prohibited by the terms of this code in said district. Variances shall only be granted when the applicant demonstrates that all of the following conditions are met:
(a)
That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district;
(b)
That literal interpretation of the provisions of this code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this code;
(c)
That the special conditions and circumstances do not result from the actions of the applicant;
(d)
That granting of the variance requested will not confer on the applicant any special privilege that is denied by this code to other lands, structures, or buildings in the same district;
(e)
That the granting of the variance will be in harmony with the general purpose and intent of this code will not be injurious to the neighborhood, or otherwise detrimental to public welfare.
(3)
Findings by the Reviewing Official. The reviewing official shall grant a variance only upon finding that the application satisfies all the foregoing criteria.
(Ord. 671 § 9.4, 1995; Ord. 743 § 4, 1999; Ord. 842 § 8, 2002; Ord. 901 § 5, 2003)
§ 15.125.050 Lot line adjustments.
(1)
Lot lines may be adjusted between legal lots of record; provided, that no lot conforming to the minimum lot size requirement of the district is reduced below that minimum lot size, and any lot changed by the lot line adjustment shall satisfy, or not decrease, compliance with the minimum width, depth, frontage, yard and setback requirements of the district, and off-street parking requirements for existing uses are satisfied.
(2)
Lot line adjustments may be allowed between undersized lots in any district; provided, that the resulting lots satisfy the minimum width, depth, frontage, and yard requirements of the district, and setbacks to existing structures are not reduced by the lot line adjustment below the minimum setback requirements, and off-street parking requirements for existing uses are satisfied.
(Ord. 671 § 9.5, 1995)
§ 15.125.060 Annexation.
(1)
Proposed annexations to the town of La Conner shall be considered and processed under the provisions of Chapter 35.13 RCW, Annexation of Unincorporated Areas.
(2)
Applications shall be submitted to the town clerk on forms provided by the town together with any fees and information required for processing the application.
(3)
The following criteria shall be considered during a review of a proposal for annexation:
(a)
Preservation of natural neighborhoods and communities;
(b)
Use of physical boundaries, including but not limited to bodies of water, highways, and land contours;
(c)
Creation and preservation of logical service areas;
(d)
Prevention of abnormally irregular boundaries;
(e)
Adjustment of impractical boundaries;
(f)
Protection of agricultural and rural lands which are designated for long-term productive agricultural and resource use by a comprehensive plan adopted by the county.
(4)
The town clerk shall have the responsibility for administering the annexation process.
(Ord. 671 § 9.6, 1995)
§ 15.125.070 Rezone – Definition – Basis.
(1)
Zoning is defined as the legislative division of a community into areas in which are permitted only certain designated uses or land structures. A rezone authorizes uses on property that differ substantially from terms of the prior zoning designation.
(2)
Rezones must be based on a change of circumstances or community needs. They cannot be based exclusively on the desires of public interest groups. The property owner/applicant must prove that a parcel-specific rezone is valid.
(3)
Rezones must conform to the comprehensive plan and benefit the public.
(Ord. 671 §§ 9.7.A – C, 1995)
§ 15.125.080 Rezone – Procedure.
(1)
An application for rezone shall be submitted to the town clerk on a form provided by the town, a fee as set by the town council payable to the town of La Conner, and any other applicable information as required for processing the application.
(2)
Information submitted with the application shall include the following:
(a)
A completed SEPA environmental checklist;
(b)
A statement of how the rezone would meet the goals and policies of the comprehensive plan;
(3)
The planning director shall:
(a)
Review the application and SEPA checklist and make a threshold determination for publication.
(b)
Notify the applicant that the application has been received and a date set for a public hearing by the planning commission.
(c)
Prepare a staff report and make a recommendation based on findings to the planning commission.
(4)
The town clerk shall:
(a)
Publish two notices of public hearing at least 10 days before the public hearing by the planning commission.
(b)
Send notices to all property owners of record within 300 feet of the rezone site. Addresses for mail notice shall be based on the current Skagit County assessor's office records or obtained from a title company doing business in Skagit County.
(c)
Post the notice of rezone on the property.
(5)
The planning commission shall make a recommendation to the town council based on the staff report, testimony received at the public hearing, and the following criteria:
(a)
Consistency with the comprehensive plan;
(b)
Environmental impacts;
(c)
Potential use.
(Ord. 671 § 9.7.D, 1995; Ord. 842 § 5, 2002; Ord. 1211 § 2(A), 2022)
§ 15.125.085 Rezone – Follow-up.
At a convenient time, within three years after a rezone action, the town council will conduct a public hearing to take input on the impact that the rezone has had on the community. This is in compliance with the spirit of RCW 36.70A.070(6), which mandates concurrency for transportation impacts associated with development, but should also include an examination of other impacts on the community.
(Ord. 963 § 9, 2005)
§ 15.125.090 Comprehensive plan adoption and amendment – UDC amendments.
(1)
Proposed amendments to this code or the comprehensive plan may be submitted by the town council, planning commission or by any affected citizen or property owner by applying to the department of planning and development. Amendments must be adopted, certified, and recorded or filed in accordance with RCW 35.63.100.
(2)
The town council will consider amendments to the comprehensive plan not more than annually except for emergencies. For the purposes of emergency comprehensive plan amendments under RCW 36.70A.130(2)(b), an emergency shall be limited to events or conditions that:
(a)
Pose an imminent threat to public health, safety, or welfare (such as natural disasters, catastrophic infrastructure failures, or major environmental hazards); or
(b)
Are necessary to address unanticipated changes in state or federal law or court decisions that directly affect the jurisdiction's land use planning or regulatory framework and require prompt action; or
(c)
Involve the correction of a clear and substantial error or omission in the comprehensive plan that, if left unaddressed, would create significant adverse impacts on the public or expose the city to legal liability.
An emergency shall not include conditions that are foreseeable or that arise due to the city's failure to plan adequately or manage known risks, nor shall it be used to circumvent public participation or the annual docketing process required under the Growth Management Act. Formal application for comprehensive plan amendments shall be submitted by January 15th for consideration the following year. Application for preapplication review is recommended to occur by November 1st of the prior year. Comprehensive plan amendments shall be given the highest priority in the planning commission's work program, and review shall be initiated within the second quarter of the work year.
(3)
The proposal shall demonstrate that the requested amendment is timely and meets at least one of the following criteria:
(a)
The request supports the vision embodied in the comprehensive plan; or
(b)
The request supports the adopted goals and policies of the town council as expressed through the comprehensive plan, uniform development code, and shoreline master program; or
(c)
The request eliminates conflict with existing elements or policies; or
(d)
The request amends the comprehensive plan to accommodate new policy directives of the town council.
Proposals that include a concurrent rezone request shall also comply with the decision criteria for a change of zone classification in LCMC § 15.125.070 for the rezone portions of the application.
To maintain consistency with the comprehensive plan, any rezoning that would be required by approval of the proposed amendments to the comprehensive plan shall be considered concurrently with the proposed comprehensive plan changes.
(4)
The uniform development code may be amended at any time.
(Ord. 671 §§ 9.8.A – C, 1995; Ord. 856, 2002; Ord. 1261 § 2, 2025)
§ 15.125.100 Amendments – Procedure.
(1)
An application for amendment to the UDC or the comprehensive plan shall include a SEPA checklist. The department of planning and development shall make a threshold determination, publish findings, solicit comments from the public in the local newspaper, and set a date for a public hearing by the planning commission following the end of the comment period.
(2)
The director of planning and development shall publish the notice of public hearing.
(3)
Review of Formal Applications for Comprehensive Plan Amendments. The planning commission shall review technical studies and other pertinent information as needed prior to making a recommendation to the town council on the merits of the application.
(4)
The planning commission shall hold the public hearing and review the application for amendments to the UDC and the comprehensive plan based on the following considerations:
(a)
The proposal demonstrates that the requested amendment is timely and meets at least one of the criteria in LCMC § 15.125.090(3);
(b)
The proposed amendment is consistent with the goals and policies of the comprehensive plan;
(c)
The proposed amendment will not adversely impact the general health, safety, and welfare of the community;
(d)
Recommendations of staff and public input.
(5)
The planning commission shall submit a written recommendation to the town council that:
(a)
Identifies any provisions of this code, comprehensive plan, or other law relating to the proposed change and describes how the proposal relates to them;
(b)
States factual and policy considerations pertaining to the recommendation;
(c)
Includes written comments, if any, received from the public.
(6)
The council will hold a public hearing, make modifications if necessary, and adopt or reject the proposed amendment to the UDC or the comprehensive plan or enact a modified proposal or remand the proposed amendments back to the planning commission for reconsideration with guidance from the council that is within the scope of matters considered in the hearing.
(Ord. 671 § 9.8.D, 1995; Ord. 856, 2002; Ord. 898 § 7, 2003)
§ 15.125.110 Periodic revision of the comprehensive plan.
(1)
In order for the plan to remain effective, it should be reviewed periodically. Conditions might change, and unforeseen events may occur, which might necessitate a re-evaluation. In accordance with RCW 36.70A.130, at least every five years the town shall take action to review and, if needed, revise the comprehensive land use plan and development regulations to ensure that the plan and regulations are complying with the requirements of Chapter 36.70A RCW. The comprehensive plan may also be revised through annual amendments as allowed by the Growth Management Act, or in an emergency.
(2)
The department of planning and development shall maintain a docket file containing issues, errors, omissions and other materials pertinent to amendment of the comprehensive plan and uniform development code. The UDC may be amended at any time including concurrently with the annual comprehensive plan update. The department shall submit a staff report regarding the materials as a part of the annual update process LCMC § 15.125.090(2). The planning commission will review each docket item and prepare a recommendation to the town council for review.
(Ord. 856, 2002)
§ 15.130.010 Department of planning and development.
(1)
Planning Director Authority. The town planning director, or designee, shall have the authority to approve, approve with conditions, or deny Type I and II project permit applications which are not consolidated with Type III, IV, or V permit applications.
(2)
Planning Director Duties.
(a)
Publish a list of all permit decisions weekly.
(b)
As the town SEPA official, the planning director shall review environmental checklists and make determinations on probable environmental impacts resulting from proposed projects.
(c)
Review all development permit applications, prepare staff reports, and make recommendations to the planning commission, hearing examiner and/or town council.
(d)
Administer and enforce land use development regulations under the provisions of this code.
(3)
Appeals. Actions of the planning director may be appealed to the hearing examiner.
(Ord. 671 § 10.1, 1995; Ord. 691 § 2, 1997; Ord. 720 § 4, 1998; Ord. 743 § 5, 1999)
§ 15.130.020 Planning commission – Membership.
(1)
A planning commission established by the town shall consist of five members who are residents of the town of La Conner, appointed by the mayor with approval of the town council, and one nonvoting youth advisor who attends the La Conner High School.
(a)
Youth advisor vacancies shall be filled by appointment by the mayor after considering the advice of the La Conner High School principal or designee.
(b)
Vacancies shall be filled by appointment by the mayor with approval of the town council. The term of office for planning commissioners is six years.
(c)
The youth advisor term shall be one year.
(d)
Members may be removed from office by the mayor for neglect of duty, inefficiency, or malfeasance in office after a public hearing and with the consent of the town council.
(2)
The planning commission shall elect a chair and vice chair from among its members, shall appoint a secretary who need not be a member of the commission, shall adopt rules for transaction of business and shall keep a record of transactions, findings, and determinations.
(3)
No less than one regular meeting shall be held each month unless no matters are pending on the commission calendar. Three members shall constitute a quorum to conduct business. A majority is required for a motion to pass.
(4)
It shall be deemed neglect of duty for any planning commissioner to miss three consecutive regularly scheduled meetings or to fail to attend at least one training session annually.
(5)
The planning commission shall comply with the Washington Open Public Meetings Act.
(Ord. 671 §§ 10.2.A – C, 1995; Ord. 741, 1999; Ord. 743 § 5, 1999; Ord. 776 §§ 1, 2, 2000; Ord. 885 § 1, 2003; Ord. 931 § 4, 2004; Ord. 1255 § 15, 2025)
§ 15.130.030 Planning commission – Authority.
(1)
The planning commission shall review and approve, approve with conditions, or deny Type III permit applications which are not consolidated with Type IV or Type V permit applications. Reference LCMC § 15.135.050 for permit classifications and procedures.
(2)
The planning commission shall review and make a recommendation for approval, conditional approval or denial to the hearing examiner on Type III permit applications which are consolidated with Type IV or Type V project permit applications. The recommendation shall be made following a public meeting.
(3)
The planning commission shall hold at least one public hearing before taking the following actions:
(a)
Approving, approving with conditions or denying Type III permit applications not consolidated with Type IV or Type V permit applications.
(b)
Recommending a plan change/general zone change request.
(c)
Recommending text amendments to the comprehensive plan and uniform development code or land use ordinances.
(d)
Any inconsistency between the duties conferred upon the planning commission herein and those duties delegated to the hearing examiner in Chapter 15.12 LCMC, as amended, shall be construed in favor of providing jurisdiction to the hearing examiner at the exclusion of the planning commission.
(Ord. 671 § 10.2.D, 1995; Ord. 691 §§ 3 – 6, 1997; Ord. 720 § 5, 1998; Ord. 743 § 5, 1999; Ord. 1191 § 2 (Exh. A), 2020)
§ 15.130.040 Planning commission – Powers and duties.
(1)
Annual review of the comprehensive plan and preparation of possible amendments or additions to the plan, for referral to the town council.
(2)
Provide recommendations to the hearing examiner on conformance of public or private projects to the comprehensive plan as provided in LCMC § 15.130.030 and § 15.135.050; provide recommendations to the town council to bring nonconforming projects into compliance.
(3)
Hold hearings, take testimony and make recommendations to the town council on amendments to the town zoning map or this code or land use ordinances.
(4)
Make recommendations or determinations on project permit applications as provided in LCMC § 15.130.030 and § 15.135.050 and other duties delegated by the town council as set forth herein and as are not inconsistent with the duties delegated to the hearing examiner by Chapter 15.12 LCMC, as amended.
(Ord. 671 § 10.2.E, 1995; Ord. 691 § 7, 1997; Ord. 743 § 5, 1999)
§ 15.130.050 Town council.
The town council shall have authority under this code to:
(1)
Hear all appeals of actions taken by the town planner and the planning commission not delegated to the hearing examiner.
(2)
Hear all planning commission recommendations not made to the hearing examiner.
(3)
Hear all appeals of action taken by the planning director under the State Environmental Policy Act not delegated to the hearing examiner.
(4)
When procedures and authority are not specifically mentioned, the use, requirement, or regulations shall be determined by the town council; however, where these provisions conflict with provisions herein or Chapter 15.12 LCMC, as amended, delegating authority to the hearing examiner, the former shall control.
(Ord. 671 § 10.3, 1995; Ord. 691 §§ 8 – 10, 1997; Ord. 743 § 5, 1999)
§ 15.140.010 Provisions.
The provisions of this chapter shall be deemed an exercise of the police power of the town of La Conner, Washington, for the protection of the public, economic and social welfare, health, peace and morals, and all of its provisions shall be liberally construed for the accomplishment of that purpose.
(Ord. 1231 § 2, 2023)
§ 15.140.020 Definitions.
In construing this chapter, except when otherwise plainly declared or clearly apparent from context, the following definitions shall be applied:
(1)
All definitions as applied in LCMC § 5.25.020 shall be applied to this chapter.
(Ord. 1231 § 2, 2023)
§ 15.140.030 Allowed.
An adult business shall only be permitted in the following zones as classified in Chapter 15.15 LCMC:
(1)
Light and Medium Industry;
(2)
Port Industrial.
(Ord. 1231 § 2, 2023)
§ 15.140.040 Restricted.
(1)
An adult business shall not be located or maintained within any of the following zones as classified in Chapter 15.15 LCMC:
(a)
Residential;
(b)
Commercial;
(c)
Public Use;
(d)
Historic Preservation District;
(e)
Transitional/Commercial.
(2)
An adult business shall not be located or maintained within 500 feet from the nearest property line of the adult business to the nearest property line of any of the following uses or zones located inside or outside the town of La Conner:
(a)
School districts.
(Ord. 1231 § 2, 2023)
§ 15.150.010 Exercise of police power.
The provisions of this chapter shall be deemed an exercise of the police power of the town of La Conner, Washington, for the protection of the public economic and social welfare, health, peace and morals, and all of its provisions shall be liberally construed for the accomplishment of that purpose.
(Ord. 1255 § 18, 2025)
§ 15.150.020 Definitions.
In construing this chapter, except when otherwise plainly declared or clearly apparent from context, the following definitions shall be applied:
(1)
All definitions as applied in LCMC § 5.25.020 shall be applied to this chapter.
(2)
"Firearm"
shall be defined as a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder. "Firearm" does not include a flare gun or other pyrotechnic visual distress signaling device, or a powder-actuated tool or other device designed solely to be used for construction purposes.
(Ord. 1255 § 18, 2025)
§ 15.150.030 Locations restricted.
The property line of a business engaged in the sale of firearms that has a storefront, has hours during which it is open for business, and posts advertisements or signs observable to passersby that firearms are available for sale shall not be located or maintained within 500 feet to the nearest property line of any primary and/or secondary school grounds.
(Ord. 1255 § 18, 2025)
§ 15.135.005 Conflict of provisions.
It is the intent of the town council, in adoption of this chapter, that in the event of inconsistencies between different sections of LCMC Title 15, the procedures found in this chapter shall prevail.
(Ord. 743 § 7, 1999)
§ 15.135.010 General.
(1)
Purpose. This section establishes a uniform framework for considering the consistency of a proposed project with the comprehensive plan and development regulations set forth in this code and outlines application and integrated project review procedures required for obtaining development permits. It includes procedures for appealing decisions and seeking legislative action.
(2)
Withdrawal of Applications. An application for development review may be withdrawn at any time; however, the fees paid for such review may not be refunded.
(Ord. 743 § 6, 1999)
§ 15.135.020 Designation of administrator.
(1)
The planning director shall review all permit applications to determine that the requirements of this code are met.
(2)
The proposal shall be reviewed under the applicable standards of this code and all documents received and prepared related to the proposal shall be filed in a permanent record maintained at Town Hall.
(3)
The planning director shall issue a certificate of authorization for a use or development activity when all project permits required for the use or development activity have been issued or when other applicable development requirements for issuance are completed.
(Ord. 743 § 6, 1999; Ord. 1191 § 2 (Exh. A), 2020)
§ 15.135.030 Concurrency management systems and LOS standards.
(1)
Concurrency Management System. The town shall prepare an annual capacity statement report that includes:
(a)
A summary of building permits issued, including quantity and type of development;
(b)
A summary of certificates of occupancy issued, including quantity and type of development;
(c)
A summary of proposed development, including quantity and type of development;
(d)
An evaluation of public facilities providing service to existing and planned development indicating:
(i)
Capacity available at the beginning and end of each reporting period;
(ii)
Capacity available for planned development;
(iii)
A comparison of actual capacity and levels of service to adopted levels of service in the comprehensive plan;
(iv)
A forecast of the capacity based upon the updated capital facilities plan element of the comprehensive plan.
(2)
Adopted Levels of Service Standards (LOS). The town shall use the following LOS standards in reviewing the impacts of new development and redevelopment upon public facility provision:
(a)
Community parks – Six acres per 1,000 residents (now have minimum of 12 acres for Pioneer Park).
(b)
Open space – 25 percent of total town area.
(c)
Drainage – Storm water management system to retain the runoff from a 25-year, 24-hour storm event at peak discharge rates. Development will be regulated to ensure that the post-development runoff to the town system does not exceed the predeveloped discharge volume and/or rate to ensure the level of service of the existing storm water system is not compromised.
(d)
Traffic circulation – Roadway link specific for all streets in the town. The LOS of C (occasional backups may develop, but delay to vehicles is short-term and still tolerable) is desirable for major access streets during peak traffic times. LOS designations are listed in the transportation element of the comprehensive plan.
(e)
Sanitary sewer – 85 gallons per capita per day; 300 milligrams per liter strength (BOD).
(f)
Potable water – 170 gallons per capita per day at 55 psi; with a minimum of three days reserve.
(g)
Fireflow – Minimum of 500 gallons per minute.
(Ord. 743 § 6, 1999; Ord. 1132 § 4, 2015)
§ 15.135.040 Certificate of authorization required.
(1)
No use or development activity which requires approval of a project permit pursuant to any section of the LCMC shall be undertaken unless the activity is authorized by a certificate of authorization. Under the integrated project process, environmental review in accordance with the State Environmental Protection Act (SEPA) must be combined with review under this code, the Shoreline Management Act, the requirements of the Federal Emergency Management Agency regulating floodplains, the International Building Code, fire code, and all other applicable local, state, and federal laws and regulations.
(2)
After a permit has been issued, it shall be unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of the permit without first obtaining a modification permit from the planning department or authorizing body.
(Ord. 743 § 6, 1999; Ord. 963 § 6, 2005)
§ 15.135.050 Process classification and procedures.
(1)
Classification. Project permits shall be classified by the planning director as Types I through V according to Table A, below.
Table A – Permit Classifications | ||||
|---|---|---|---|---|
I Administrative | II Planning Director | III Planning Commission | IV Hearing Examiner | V Town Council |
Building and construction permits; LCMC § 15.135.020 | Land use review of permitted and accessory uses exempt from SEPA; LCMC § 15.135.120 | Demolition permits for Type I and II structures; Chapter 15.112 LCMC | Non-areawide rezone; LCMC § 15.125.080 | |
Lot line adjustments; LCMC § 15.125.050 | Temporary structures; LCMC § 15.110.030 | Historic design review of major new construction; LCMC § 15.50.060 | Conditional use permits; LCMC § 15.135.190 | Final plat; Chapter 15.30 LCMC |
Sign permits; Chapter 15.115 LCMC | Bed and breakfast; CMC 15.20.055 | Tree removal permits (excluding residential outside the HPD); Chapter 15.60 LCMC | Shoreline permit revision | |
Demolition permits for Type III structures; Chapter 15.112 LCMC | Critical areas; Chapter 15.65 LCMC | Temporary use permits; LCMC § 15.110.050 | Preliminary plat approval; Chapter 15.30 LCMC | |
Home occupation permits; LCMC § 15.110.070 | Short plat; Chapter 15.30 LCMC | |||
Floodplain permits; Chapter 15.70 LCMC | Shoreline conditional use permits | |||
Change of use; LCMC § 15.125.020 | Administrative variance; LCMC § 15.125.040 | |||
Historic design review of minor new construction; LCMC § 15.50.060 | Administrative conditional use permits; LCMC § 15.20.055 | Shoreline variances | ||
Shoreline exemptions | Variances; LCMC § 15.125.040 | |||
Binding site plan; Chapter 15.55 LCMC | Shoreline substantial development permits | Appeals of planning commission and administrative decisions; LCMC § 15.12.110 | ||
Accessory uses; LCMC § 15.40.030 | SEPA appeals; LCMC § 13.10.090 | |||
PURD; Chapter 15.25 LCMC | ||||
(2)
Procedures. Type I through Type V shall be processed pursuant to the procedures outlined in Table B, below.
Table B – Review Procedures | |||||
|---|---|---|---|---|---|
Process Type | I | II | III | IV | V |
Recommendation made by | N/A | N/A | Planning commission, if consolidated with Type IV or V permit applications | Planning director or planning commission | Planning commission |
Final decision made by | Planning director, public works director or designees | Planning director or designee | Planning commission unless consolidated with Type IV or V permit applications | Hearing examiner | Town council |
Notice of application | No | Yes1 | Yes | Yes | Yes |
Open record public hearing | No | Only if appealed, open record hearing before hearing examiner | Yes, before planning commission unless consolidated with Type IV or V permit applications | Yes, before hearing examiner for final decision | Yes, before hearing examiner for recommendation |
Closed record appeal/final decision | Only if appealed, a closed record hearing before the hearing examiner, except that appeals of a building official order shall be remanded to the Skagit County building appeals board | No | Only if appealed, closed record hearing before hearing examiner | No | Yes, before town council |
Judicial appeal | Yes | Yes | Yes | Yes | Yes |
Notes: |
|---|
1. Type II – Open Record Public Hearing. For administrative variance and administrative conditional use applications, a public hearing before the hearing examiner may be requested by the applicant, interested parties, or the planning director. |
(Ord. 743 § 6, 1999; Ord. 842 §§ 10, 14, 2002; Ord. 901 §§ 7, 8, 2003; Ord. 986 § 6, 2007; Ord. 1040 § 1, 2010; Ord. 1191 § 2 (Exh. A), 2020; Ord. 1211 § 2(A), 2022; Ord. 1222 § 2, 2023)
§ 15.135.060 Preapplication conference.
An applicant may request a preapplication conference for development plan review prior to filing an application to discuss the review process and permit requirements. Any comments concerning the proposed development during the preapplication conference shall not be construed as approval or denial of the proposal.
(Ord. 743 § 6, 1999)
§ 15.135.070 Application for permit.
Applications for all permits, including, but not limited to, certificate of authorization, change of use, conditional use, lot line adjustments, floodplain permit, fill/grade/excavation permit, shoreline permit, and environmental checklist, shall be made on forms provided by the town of La Conner. The following information shall be submitted as required by the planning director or applicable code section:
(1)
Name, address and telephone of property owner of record or certified designated agent, or the developer. Where a corporation or company is the owner of the property, the name and address of the president and secretary of the entity shall be submitted;
(2)
Complete legal description of the property, including section, township and range;
(3)
Vicinity map drawn to scale showing the position of the proposed development, together with principal roads, town limits, and/or other pertinent orientation information;
(4)
A minimum of six sets of project plans on reproducible material at least 17 by 25 inches in size showing:
(a)
Name, address, and telephone number of property owner of record or certified designated agent, the developer and the land surveyor and/or registered engineer preparing the plat map;
(b)
Legal description of the property;
(c)
Existing zoning classification;
(d)
Scale of not less than 100 feet to the inch, and north arrow;
(e)
Benchmarks and ground elevation at mean sea level when all or a portion of the plat is located in the floodplain and contours with intervals of 95 feet;
(f)
Boundary lines of entire tract and individual lots in square feet and/or acres;
(g)
Easements, existing public and private, with location, name and width of any existing street and right-of-way within the area and 200 feet thereof. Grades, profiles and cross-sections of proposed streets;
(h)
Location of fire hydrants within 1,000 feet of the project site;
(i)
Location of any existing structures;
(j)
Availability and location of utilities including water, sewer, and storm water drainage;
(k)
Parcels of land intended to be dedicated or temporarily reserved for public use or to be reserved in the deeds for the common use of property owners of the property or dedication;
(l)
Relationship to nearest body of water or critical area;
(m)
Existing or proposed parking areas;
(n)
Pedestrian and vehicular ingress and egress/circulation patterns;
(o)
Existing and proposed landscaping, vegetation, and trees;
(p)
Building site, dimensions, gross floor area, architectural elevations, setbacks, cross-sections and specifications;
(q)
Building floor plans with proposed use and occupancy of each room noted;
(r)
Proposed open space and percentage of impervious surface;
(s)
Lighting and signs as applicable;
(t)
Buffer areas;
(u)
Aerial photograph, soils map, and topographic map as applicable;
(v)
Benchmark elevations provided on a FEMA Elevation Certificate and certified by a registered engineer or architect;
(w)
Elevation in relation to mean sea level of the lowest floor (including basement) of all structures and the extent to which any structure has been floodproofed;
(x)
Registered architect/engineer/surveyor stamp and date;
(y)
Acknowledged signatures of property owners and notary public stamp as applicable;
(z)
Signature block for approval of planning commission and/or town council as applicable.
(5)
Section elevations taken near the centerline of any adjacent public rights-of-way showing proposed development and adjacent structures on the same block;
(6)
Samples of proposed colors and materials;
(7)
Architectural inventory;
(8)
Economic analysis;
(9)
A survey map of reproducible material, at least 18 by 24 inches in size with two-inch margins, signed by a registered land surveyor and eight copies shall be required for subdivision, short subdivision or PURD applications containing all of the information in subsection (2) of this section;
(10)
Evidence of title;
(11)
If lots are to be served by a private street, copies of applicable covenants or documents with provisions covering, but not limited to, ingress, egress, utility easements, and maintenance shall be furnished to the town and recorded with the county;
(12)
Certification by a registered engineer or architect on a FEMA certificate that the floodproofing methods for any nonresidential structure meet floodproofing criteria must be submitted upon completion of the building and before a certificate of occupancy is issued;
(13)
The town clerk shall affix a file number and date received to the application and plans upon submittal and payment of fees. A fee set by the town council shall be payable to the town clerk at the time of application. There is no fee for maintenance and repair of existing structures.
(Ord. 743 § 6, 1999)
§ 15.135.080 Consolidated permit process.
An application that involves two or more classification types may be processed collectively under the highest numbered type required for any part of the application or processed individually under each of the procedures identified by code. The applicant may determine whether the application shall be processed collectively or individually, subject to the following requirements:
(1)
If the applications are processed individually, the highest numbered type shall be processed prior to the subsequent lower numbered type. Type V is the highest, followed by Type IV, then Type III, then Type II and Type I.
(2)
A consolidated permit application shall not be considered complete until all information required for individual permit applications has been submitted.
(3)
Applications processed through the consolidated permit process which involve different hearing bodies shall be heard collectively by the highest ranking body. The town council is the highest rank, followed by the hearing examiner, then the planning commission and then the planning director.
(4)
In the case of Type III permits consolidated with Type IV or V permits, the planning commission shall consider the application and any written comments in a public meeting and make a recommendation to the hearing examiner.
(5)
Projects involving comprehensive plan amendments may be consolidated with non-area-wide rezone proposals and reviewed pursuant to Chapter 15.125 LCMC (Procedure for Rezone Reviews by Planning Commission and Town Council). The hearing examiner shall hear and make recommendations to the town council regarding rezones only when no comprehensive plan amendment is required to be approved for the rezone proposal.
(Ord. 743 § 6, 1999; Ord. 842 § 12, 2002; Ord. 1222 § 2, 2023)
§ 15.135.090 Determination of complete application.
(1)
A project permit application is complete when it meets the procedural requirements of this code as determined by the planning director and is sufficient for continued processing, even though additional information may be required or project modifications may be undertaken subsequently. The determination of completeness shall not preclude requests for additional information or studies either at the time of the notice of completeness or subsequently if new information is required or substantial changes in the proposed action occur. A determination of completeness may include the following:
(a)
A preliminary determination of those development regulations that will be used for project mitigation.
(b)
A preliminary determination of consistency.
(c)
Other information as required to process the application.
(2)
An application shall be deemed complete if the town does not provide a written determination to the applicant that the application is incomplete within 28 days of receipt of the application and required fees. Applications submitted after the close of business shall be deemed received on the next working day.
(Ord. 743 § 6, 1999)
§ 15.135.100 Notice of application received.
(1)
Within 28 days after receiving a project permit application, the planning director shall mail or provide in person a written determination to the applicant, stating either:
(a)
That the application is complete; or
(b)
That the application is incomplete and what is necessary to make the application complete;
(c)
To the extent known, other agencies of local, state, or federal governments that may have jurisdiction over some aspect of the application; and
(d)
The number of days shall be calculated by counting each calendar day.
(2)
Within 14 days after an applicant has submitted additional information identified by the planning director as being necessary for a complete application, the applicant, the public, and agencies determined by the planning director to have jurisdiction over the proposal shall be notified that the application is complete. Notice of application shall include:
(a)
The date of application, the date of the notice of completion for the application, and the date of the notice of application.
(b)
A description of the proposed project and a list of permits applied for by the applicant, and if applicable, a list of any requested studies.
(c)
To the extent known, the identification of other permits required but not included in the application.
(d)
The identification of existing environmental documents that evaluate the proposed project, and the location where the application and any studies can be reviewed.
(e)
A statement of the required public comment period, which shall be not less than 14 nor more than 30 days following the date of the notice of application.
(f)
A statement of the public's procedural rights, including the right of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the decision once made, and any appeal rights. Public comments may be accepted at any time prior to the closing of the record of an open record predecision hearing, if any, or, if no open record predecision hearing is provided, prior to the decision on the project permit.
(g)
The date, time, place and type of hearing.
(h)
A statement of any preliminary determination of the development regulations that will be used for project mitigation.
(i)
Any other appropriate information.
(3)
If an open record predecision hearing is required for the requested project permits, the notice of application shall be provided at least 15 days prior to the open record hearing.
(4)
A determination of significance (DS) may be issued before expiration of the public comment period, but not a determination of nonsignificance (DNS) or mitigated determination of nonsignificance (MDNS).
(5)
A notice of application shall not be required for project permits that are categorically exempt under Chapter 43.21C RCW, such as construction permits that do not require environmental review or public notice, unless a public comment period or an open record predecision hearing is required.
(Ord. 743 § 6, 1999; Ord. 1255 § 16, 2025)
§ 15.135.110 Public notice requirements.
(1)
The following shall be the minimum public notice requirements. Public notice greater than the minimum requirements may be required at the discretion of the planning director.
(a)
Type I Permits. No notice required.
(b)
Type II Permits. Notice of application, in the manner and form designated by the planning director, shall be posted on the site and mailed to all property owners within 300 feet of proposal site.
(c)
Public meetings during which the planning commission will make a recommendation on Type III, Type IV, or Type V permit applications. The application number, project location, description and type of permit shall be listed in the planning commission agenda which is published in the newspaper of record at least five days prior to the meeting.
(d)
Type III, Type IV and Type V. All of the following are required:
(i)
Posting the notice of application on the project site in the manner and form designated by the planning director.
(ii)
Publishing notice, including at least the project location; description; type of permit(s) required; comment period dates; hearing date, location and time; and the location where the complete application may be reviewed, in the newspaper of record at least 15 days before the open record hearing. A published SEPA threshold determination, notice of hearing or notice of application containing this information shall satisfy this requirement.
(iii)
Mailing the notice of the hearing to neighboring property owners within 300 feet of the proposed site, and to any person or entity who has submitted written comments. The failure of any person to receive notice shall not invalidate an action if a good faith attempt was made to comply with the notice requirements of this code. Addresses for mail notices shall be obtained by the applicant based on the current rolls of the Skagit County assessor's office or obtained from a title company doing business in Skagit County and submitted with the application on one-inch by two-and-five-eighths-inch mailing labels.
(2)
Additional public notice methods which may be used at the discretion of the planning director:
(a)
Notifying the news media.
(b)
Notifying public or private groups with known interest in a certain proposal or in the type of proposal being considered.
(c)
Placing notices in appropriate regional or neighborhood newspapers or trade journals.
(d)
Publishing notice in agency newsletters or sending notice to agency mailing lists.
(Ord. 743 § 6, 1999; Ord. 842 § 7, 2002; Ord. 898 § 5, 2003; Ord. 901 § 9, 2003)
§ 15.135.120 Determination of consistency.
(1)
When the town receives a project permit application, consistency between the proposed project and the applicable regulations and comprehensive plan shall be determined through the process in this chapter and in the town's adopted SEPA procedures and policies. Applicable development regulations may include, but are not limited to, floodplain management regulations; shoreline master program goals, policies and regulations; state and federal statutes and regulations; and sewer, water and storm water management plans.
(2)
Consistency. During the review of the project permit, the town shall determine whether subsections (2)(a) through (d) of this section are defined in the development regulations applicable to the proposed project. In the absence of applicable development regulations, the town shall determine whether the items listed in this subsection are defined in the town's adopted comprehensive plan. This determination of consistency shall include the following:
(a)
The type of land use permitted on the site, including uses that may be allowed under certain circumstances, if the criteria for their approval have been satisfied;
(b)
The level of development, such as units per acre, density of residential development in urban growth areas, or other measures of density;
(c)
Availability and adequacy of infrastructure and public facilities identified in the comprehensive plan, if the plan or development regulations provide for the funding of these facilities as required by Chapter 36.70A RCW; and
(d)
Character of the development, relative to adopted policies, regulations and guidelines.
(Ord. 743 § 6, 1999)
§ 15.135.130 Public hearing.
Any public meeting or required open record hearing may be combined with any public meeting or hearing that may be held on the project by another local, state, regional, federal, or other agency.
(Ord. 743 § 6, 1999)
§ 15.135.140 Decision report.
A single report stating all the decisions made as of the date of the report on all project permits included in the consolidated permit process that do not require an open record predecision hearing and any recommendations on project permits that do not require an open record predecision hearing. The report shall state any mitigation required or proposed under the development regulations or the agency's authority under RCW 43.21C.060. The report may be the local permit. If a threshold determination other than a determination of significance has not been issued previously by the local government, the report shall include or append this determination.
(Ord. 743 § 6, 1999)
§ 15.135.150 Appeal.
Except for the appeal of a determination of significance as provided in RCW 43.21C.075, no more than one consolidated open record hearing on an appeal shall be held by the hearing examiner. If an appeal is provided after the open record hearing, it shall be a closed record appeal before the hearing examiner.
(Ord. 743 § 6, 1999)
§ 15.135.155 Notice of final decision and final decision timelines.
A notice of final decision on a project permit application shall be issued by the planning director, designee, or deciding authorities as stated in LCMC § 15.135.050(2). The time periods for final decisions on project permits shall not exceed the following time periods:
(1)
For class 1 permits and any other project permit that does not require public notice, the planning director or designee must issue a final decision within 65 days of the determination of completeness.
(2)
For class II permits and any other project permit that requires public notice, the planning director or designee must issue a final decision within 100 days of the determination of completeness.
(3)
For class III permits, class IV permits, class V permits, and any other project permit that requires public notice and a public hearing, the decision authorities as stated in LCMC § 15.135.050(2) must issue a final decision within 170 days of the determination of completeness.
(4)
For permits that are submitted under the consolidated permit process in LCMC § 15.135.080, the time period for a final decision shall be the longest of the permit time periods that would apply had the permits been submitted individually.
(5)
The number of days an application is in review shall be calculated from the day completeness is determined to the date a final decision is issued on the project permit application. The number of days shall be calculated by counting every calendar day and excluding the following time periods:
(a)
Any period between the day that the planning director or designee has notified the applicant, in writing, that additional information is required to further process the application and the day when responsive information is resubmitted by the applicant.
(b)
Any period after an applicant informs the planning director or designee, in writing, that they would like to temporarily suspend review of the project permit application until the time that the applicant notifies the planning director or designee, in writing, that they would like to resume the application.
(c)
Any period after an administrative appeal is filed until the administrative appeal is resolved and any additional time period provided by the administrative appeal has expired.
(d)
The time periods to process a permit shall start over if an applicant proposes a change in use that adds or removes commercial or residential elements from the original application that would make the application fail to meet the determination of procedural completeness for the new use.
(e)
If, at any time, an applicant informs the local government, in writing, that the applicant would like to temporarily suspend the review of the project for more than 60 days, or if an applicant is not responsive for more than 60 consecutive days after the planning director or designee has notified the applicant, in writing, that additional information is required to further process the application, an additional 30 days may be added to the time periods for local government action to issue a final decision for each type of project permit that is subject to this chapter. Any written notice from the planning director or designee to the applicant that additional information is required to further process the application must include a notice that nonresponsiveness for 60 consecutive days may result in 30 days being added to the time for review. For the purposes of this subsection, "nonresponsiveness" means that an applicant is not making demonstrable progress on providing additional requested information to the local government, or that there is no ongoing communication from the applicant to the local government on the applicant's ability or willingness to provide the additional information.
(f)
Annual amendments to the comprehensive plan are not subject to the requirements of this section.
(6)
The time limits established above do not apply to the following project permits:
(a)
Landmark designations, street vacations, or other approvals relating to the use of public areas or facilities.
(b)
Building and other construction permits, categorically exempt from environmental review under Chapter 43.21C RCW, or for which environmental review has been completed in connection with other project permits.
(Ord. 1255 § 17, 2025)
§ 15.135.160 Notice of decision.
Repealed by Ord. 1255.
(Ord. 743 § 6, 1999)
§ 15.135.170 Permit issued.
(1)
A project permit may not be issued unless the proposed development activity is consistent with all applicable plans, regulations and policies as determined pursuant to LCMC § 15.135.030(1) and (2). An issued permit shall include, but not be limited to, the following:
(a)
A specific time period for which the permit is valid.
(b)
A statement of availability for water, sewer, and drainage services.
(c)
A schedule of construction phasing if applicable.
(d)
Conditions of the permit.
(e)
Statement of bond required if applicable.
(2)
The development activity or use shall not commence until a certificate of authorization has been issued for the development activity or use.
(3)
A certificate of authorization for a development activity or use shall not be issued until all project permits required for the use or activity have been issued.
(Ord. 743 § 6, 1999)
§ 15.135.180 Limitations.
(1)
A project permit approval shall become void if:
(a)
Property/structure stands vacant for 12 months or more, or use changes substantially as determined by the planning director.
(b)
Construction of new development is not completed and certificate of occupancy is not granted within five years from the date of application; provided the period of time during which any judicial appeal of the project approval is pending shall not be counted.
(c)
Construction of a project in a manner other than substantially in conformance with the plans authorized in the certificate of authorization.
(2)
Within constraints established by this code, a project permit constitutes a permanent permit, regardless of transfers of ownership. However, if after a permit has been issued, and before the improvements are complete, the applicant or the successor makes any alterations in the use, size, appearance or the ability of the structure to meet the dimensional standards of this chapter, a new application shall be required to be approved by the individual or department of the town, or its designee, which gave final approval of the project. The review of such a change is appealable to the same extent and in the same manner as the original approval would have been, if appealed.
(Ord. 743 § 6, 1999; Ord. 1040 § 3, 2010)
§ 15.135.190 Criteria for conditional use permits.
(1)
Conditional uses may or may not be permitted, depending on conformance with specific criteria. They are called conditional because they are allowed only when proper conditions exist, or when the proposal can be brought into conformance with the criteria by placing conditions on the permit. The applicant must provide evidence substantiating that all the requirements of this code relative to the proposed use are satisfied, and demonstrate that the proposed use also satisfies all of the following criteria:
(a)
The use is listed as a conditional use in the underlying district.
(b)
The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, existence of improvements and natural features.
(c)
The site and proposed development is timely, considering the adequacy of transportation systems, public facilities and services existing or planned for the area affected by the use.
(d)
The proposed use will not alter the character of the surrounding area in a manner which substantially limits, impairs, or precludes the use of surrounding properties for the primary uses listed in the underlying district.
(e)
The proposal, through findings, satisfies the goals and policies of the comprehensive plan, Shoreline Management Act, and floodplain ordinance, which apply to the proposed use, if applicable.
(f)
Setbacks or buffers proposed by applicant are shown to mitigate potential adverse impacts that might emerge from the proposed conditional use.
(g)
The use must cause no adverse effect on the surrounding area due to traffic, parking, noise, odor, air or water pollution.
(h)
Consideration shall be given to the cumulative impact of like uses within the neighborhood.
(2)
No conditional use permit shall be approved unless the hearing examiner has made findings and/or conclusions that each of the foregoing criteria is met or is inapplicable.
(Ord. 743 § 6, 1999; Ord. 884 § 4, 2003; Ord. 1222 § 2, 2023)
§ 15.135.210 Development agreements.
(1)
The town may enter into a development agreement with a person having ownership or control of real property within its jurisdiction. The town may enter into a development agreement for real property outside its boundaries as part of a proposed annexation or a service agreement.
(2)
A development agreement must set forth the development standards and other provisions that shall apply to and govern and vest the development, use, and mitigation of the development of real property for the duration specified in the agreement. A development agreement shall be consistent with applicable development regulations.
(3)
A development agreement does not affect the validity of a contract rezone, concomitant agreement, annexation agreement, or other agreement in existence on the effective date of the development agreement.
(4)
Development standards include, but are not limited to:
(a)
Project elements such as permitted uses, residential and nonresidential densities, intensities or building sizes.
(b)
Any reimbursement provisions, other financial contributions by the property owner, inspection fees, or dedications.
(c)
Mitigation measures, development conditions, and other requirements under Chapter 43.21C RCW.
(d)
Design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping, and other development features.
(e)
Affordable housing.
(f)
Parks and open space preservation.
(g)
Phasing.
(h)
Review procedures and standards for implementing decisions.
(i)
A build-out or vesting period for applicable standards.
(j)
Any other appropriate development requirement or procedure.
(5)
The execution of a development agreement is a proper exercise of the town's police power and contract authority. A development agreement may obligate a party to fund or provide services, infrastructure, or other facilities. A development agreement shall reserve authority to impose new or different regulations to the extent required by a serious threat to public health and safety.
(6)
Unless amended or terminated, a development agreement is enforceable during its term by a party to the agreement. A development agreement and the development standards in the agreement govern during the term of the agreement, or for all or that part of the build-out period specified in the agreement, and may not be subject to an amendment to a zoning ordinance or development standard or regulation or a new zoning ordinance or development or regulation adopted after the effective date of the agreement. A permit or approval issued by the town or the county after the execution of the development agreement must be consistent with the development agreement.
(7)
A development agreement shall be recorded with the real property records in the Skagit County office of records. During the term of the development agreement, the agreement is binding on the parties and their successors, including the town if it assumes jurisdiction through incorporation or annexation of the area covering the property under the development agreement.
(8)
The town council shall approve a development agreement by ordinance or resolution after a public hearing. If the development agreement relates to a project permit application, the provisions on appeal of the decision shall apply.
(Ord. 743 § 6, 1999)
§ 15.135.220 Procedure for appeals.
(1)
This chapter does not apply to judicial review of:
(a)
Land use decisions made by bodies that are not part of a local jurisdiction;
(b)
Land use decisions of a local jurisdiction that are subject to review by a quasi-judicial body created by state law, such as the Shorelines Hearings Board or the Growth Management Hearings Board;
(c)
Claims provided by any law for monetary damages or compensation.
(2)
Land use decisions by the planning director or planning commission may be appealed to the hearing examiner; provided the appeal is submitted, in writing, and a fee paid to the town clerk within 10 days of the decision. The decision of the hearing examiner is final.
(3)
A land use decision by the hearing examiner or town council shall be appealed by filing a petition in superior court within 21 calendar days of the issuance of the land use decision. For the purposes of this section, the date on which a land use decision is issued is:
(a)
Three days after a written decision is mailed by the town or, if not mailed, the date on which the town provides notice that a written decision is publicly available.
(b)
If the land use decision is made by order, ordinance or resolution by the hearing examiner or town council, the date the order, ordinance or resolution is passed.
(c)
If neither of the above applies, the date the decision is entered into the public record.
(4)
A land use petitioner may be:
(a)
The applicant and the owner of property to which the land use decision is directed.
(b)
Another person aggrieved or adversely affected by the land use decision, or who would be aggrieved or adversely affected by a reversal or modification of the land use decision. A person is aggrieved or adversely affected within the meaning of this section only when all of the following conditions are present:
(i)
The land use decision has prejudiced or is likely to prejudice that person.
(ii)
That person's asserted interests are among those that the town was required to consider when it made the land use decision.
(iii)
A judgment in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the land use decision.
(iv)
The petitioner has exhausted his or her administrative remedies to the extent required by law.
(Ord. 743 § 6, 1999)
§ 15.135.230 Challenges to impartiality.
A party to an administrative hearing may challenge the impartiality of any member of the hearing body. The challenge shall state by facts relating to a bias, prejudgment, personal interest, or other facts from which the challenger has concluded that the decision-maker cannot participate in an impartial manner. Any challenge shall be submitted in accordance with RCW 42.36.080 now or as hereafter amended. The challenge shall be incorporated into the record of the hearing.
(Ord. 743 § 6, 1999; Ord. 986 § 2, 2007)
§ 15.135.240 Participation by interested officers or employees.
No nonelected officer or employee of the town who has a financial or other private interest in a proposal shall participate in discussions with or give an official opinion to the hearing body on a proposal without first declaring for the record the nature and extent of the interest.
(Formerly 15.135.250; Ord. 743 § 6, 1999; Ord. 986 § 2, 2007)
§ 15.135.250 Ex parte contacts.
Administrative decision-makers shall reveal any prehearing or ex parte, i.e., outside the hearing, contacts with regard to any matter at the commencement of their hearing on the matter. Typical preapplication discussions that do not dwell upon the particulars of the proposal are presumed and need not be stated. If the decision-maker's impartiality or ability to vote on the matter has been impaired, the decision-maker shall so state.
(Formerly 15.135.260; Ord. 743 § 6, 1999; Ord. 986 § 2, 2007)
§ 15.135.260 Rights of disqualified member of the hearing body.
(1)
An abstaining or disqualified member of a hearing body shall not be counted for purposes of forming a quorum.
(2)
If the hearing body is reduced to less than a quorum by abstentions or disqualifications, all members present after stating their reasons for abstention or disqualification shall be requalified and proceed to resolve the issues.
(3)
A member absent during the presentation of evidence in a hearing may not participate in the deliberations or final decision regarding the matter of the hearing unless the member has reviewed the evidence received.
(Formerly 15.135.280; Ord. 743 § 6, 1999; Ord. 986 § 2, 2007)
§ 15.135.270 Involuntary disqualification.
Repealed by Ord. 986.
(Ord. 743 § 6, 1999)
§ 15.135.290 Ongoing inspections.
(1)
The Skagit County Permit Center, by interlocal agreement, is the inspecting authority on all development permits issued as a result of a town of La Conner certificate of authorization.
(2)
Fire code compliance inspections shall be performed by the town fire department, or designee as required for new and existing development.
(3)
If the work is found to have major deviations from authorized plans:
(a)
The applicant shall submit revised plans to the planning department for review before proceeding with the development.
(b)
A stop work order may be issued by the mayor or designee upon recommendation by the planning director and/or the certificate of occupancy may be withheld until the development complies with all codes and authorizations.
(c)
A permit may be revoked based on a determination that the development cannot be brought into substantial compliance. Development activity shall not proceed on the site until a new permit is granted in accordance with procedures for original approval.
(Ord. 743 § 6, 1999)
§ 15.135.300 Application for certificate of occupancy.
Upon completion of work authorized by permit and before the development is occupied, the developer shall apply to the Skagit County permit center for a certificate of occupancy. After final inspection by the permit center and the planning director to ensure that all code and permit requirements are met, the town of La Conner will deliver a certificate of occupancy.
(Ord. 743 § 6, 1999)
§ 15.135.310 General.
(1)
Declaration of Intent. All violations of land use ordinances, codes, statutes and regulations are determined to be detrimental to the public health, safety, and welfare and are hereby declared to be public nuisances. All conditions which are determined by the town council, or designee, to be in violation of any land use ordinance, code, statute or regulation shall be subject to the provisions of this code and shall be corrected by any reasonable and lawful means as provided herein.
(2)
Right of Entry.
(a)
Whenever necessary to make an inspection to enforce the provisions of any land use ordinance, code, statute, or regulation, or whenever the town council or designee has reasonable cause to believe that any building, structure, property or portion thereof is being used in violation of any land use ordinance, code, statute or regulation, the director or designee may enter such building, structure, property or portion thereof at all reasonable times to inspect the same.
(b)
If such building, structure, property or portion thereof is occupied, town council or designee shall present proper credentials and demand entry.
(c)
If such building, structure, property or portion thereof is unoccupied, a reasonable effort shall be made to locate the owner or other persons having charge or control of the building, structure, property or portion thereof and demand entry. If the owner or such other persons are unable to be located and the town council or designee has reason to believe that conditions therein create an immediate and irreparable land use or health hazard, then entry shall be made.
(d)
It shall be unlawful for any owner or occupant or any other person having charge, care or control of any building, structure, property or portion thereof to fail or neglect after proper demand to permit prompt entry thereon by the town council or designee for the inspection and examination pursuant to this code.
(Ord. 743 § 6, 1999)
§ 15.135.320 Penalties – Misdemeanor.
Repealed by Ord. 812.
(Ord. 743 § 6, 1999)
§ 15.135.330 Penalties – Civil penalty.
In addition to or as an alternative to any other judicial or administrative remedy provided herein or by law, any person who violates any land use ordinance, code, statute, regulation, or by any act of commission or omission procures, aids or abets such violation shall be subject to a civil penalty in an amount of $100.00 per day for each continuous violation to be directly assessed by the mayor or designee until such violation is corrected. The penalty shall be $200.00 per day for the second separate violation and $300.00 per day for the third separate violation of the same regulation within any five-year period. All civil penalties assessed will be enforced and collected in the procedures specified in this code.
(Ord. 743 § 6, 1999; Ord. 839 § 30, 2001)
§ 15.135.340 Penalties – Abatement.
In addition to or as an alternative to any other judicial or administrative remedy provided herein or by law, the mayor or designee may order a land use violation to be abated. The mayor or designee may order any person who creates or maintains a violation of any land use ordinance, code, statute or regulation, to commence corrective work and to complete the work within such time as the mayor or designee determines reasonable under the circumstances. If the required corrective work is not commenced or completed within the time specified, the mayor or designee will proceed to abate the violation and cause the work to be done. Costs thereof may be charged as a lien against the property and as both a joint and separate personal obligation of any person who is in violation.
(Ord. 743 § 6, 1999; Ord. 839 § 31, 2001)
§ 15.135.350 Penalties – Additional enforcement.
Notwithstanding the existence or use of any other remedy, the mayor or designee may seek legal or equitable relief to enjoin any acts or practices or abate any conditions which constitute or will constitute a violation of any land use ordinance, code, or rules and regulations adopted thereunder.
(Ord. 743 § 6, 1999; Ord. 839 § 32, 2001)
§ 15.135.355 Penalties – Work without permits.
If any work is commenced without proper permits or prior to permits being issued, the cost of the permit will be doubled.
(Ord. 1211 § 2(A), 2022)
§ 15.135.360 Commencement of proceedings.
(1)
Whenever the mayor or designee has reason to believe that a use or condition exists in violation of any land use code, ordinance, statute, or regulation, enforcement action shall be initiated as herein provided and/or, at the mayor or designee's option, administrative notice and order shall be commenced to cause the enforcement and correction of each violation.
(2)
Pending commencement and completion of the notice and order procedure provided for in this section, the mayor or designee may cause a "stop work order" to be posted on the subject property or served on persons engaged in any work or activity in violation of a land use ordinance, code, statute or regulation. The effect of such a "stop work order" shall be to require the immediate cessation of such work or activity until authorized by the mayor or designee posting the order to proceed.
(Ord. 743 § 6, 1999; Ord. 839 § 33, 2001)
§ 15.135.370 Notice and order.
Whenever the mayor or designee has reason to believe that violation of a land use ordinance, code, statute, or regulation will be most promptly and equitably terminated by an administrative notice and order proceeding, a written notice and order shall be issued directed either to the owner or operator of the source of the violation, the person in possession of the property where the violation originates, or the person otherwise causing or responsible for the violation. The notice and order may be posted on the property and shall contain:
(1)
The street address when available and a legal description of the real property and/or description of personal property sufficient for identification of the location where the violation occurred or is located.
(2)
A statement that the mayor or designee has found the person to be in violation of a land use ordinance, code, statute or regulation with a brief and concise description of the conditions found to be in violation.
(3)
A statement of the corrective action required to be taken. If the council or designee has determined that corrective work is required, the order shall require that all required permits be secured and the work physically commenced within such time and be completed within such time as the council or designee shall determine is reasonable under the circumstances.
(4)
A statement specifying the amount of any civil penalty assessed on account of the violation and, if applicable, the conditions on which assessment of such civil penalty is contingent.
(5)
Statements advising that:
(a)
If any required work is not commenced or completed within the time specified, the town clerk will proceed to abate the violation and cause the work to be done and charge the costs thereof as a lien against the property and as a joint and separate personal obligation of any person in violation; and
(b)
If any assessed civil penalty is not paid, the town clerk will charge the amount of the penalty as a lien against the property and as a joint and separate personal obligation of any person in violation.
(6)
A statement advising that the order shall become final unless, no later than 10 days after the notice and order are served, any person aggrieved by the order submits to the clerk-treasurer a request in writing for a reconsideration conference with the town employee issuing the order.
(Ord. 743 § 6, 1999; Ord. 839 § 34, 2001)
§ 15.135.380 Method of service.
Service of the notice and order shall be made upon all persons identified in the notice and order either personally or by mail, postage prepaid, return receipt requested. If the address of any such person cannot reasonably be ascertained, then a copy of the notice and order shall be mailed by certified mail to such person at the location of the violation and a copy shall be posted in a conspicuous location on the premises. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective two working days after mailing.
(Ord. 743 § 6, 1999; Ord. 839 § 35, 2001)
§ 15.135.390 Reconsideration conference.
Upon receipt of a timely written request from aggrieved person for a reconsideration conference, the mayor or designee shall schedule such conference with the person or persons making the request. Such conference shall be by agreement of the mayor or designee and the requesting parties. The request for a reconsideration conference shall state on its face the telephone number and address at which the requesting party may be promptly contacted. The reconsideration conference shall be informal in nature at such time and place as the town shall specify and upon such reasonable oral or written notice as the town shall give at the telephone number or address indicated upon the face of the request. Within five days after the reconsideration conference or scheduled time thereof, the mayor or designee shall issue a final order which shall be served either personally or by certified mail at the address indicated upon the reconsideration request. The final order shall be effective and final three days after personal service or five days after mailing unless within that time the aggrieved party files an appeal directed to the hearing examiner as set forth in LCMC § 15.12.130. Any such appeal shall be subject to Chapter 15.12 LCMC, now or as hereafter amended. Exhaustion of an appeal to the hearing examiner shall be a prerequisite to any district court action.
(Ord. 743 § 6, 1999; Ord. 839 § 36, 2001)
§ 15.135.400 Supplemental notice and order.
The mayor or his designee may at any time add to, rescind in part, or otherwise modify a notice and order by issuing a supplemental notice and order. The supplemental notice and order shall be governed by the same procedure applicable to all notices and orders and contained in this code.
(Ord. 743 § 6, 1999; Ord. 839 § 37, 2001)
§ 15.135.410 Enforcement of final order.
(1)
If, after any order duly issued by the mayor or designee has become final, the person to whom such order is directed fails, neglects, or refuses to obey such order, including refusal to pay a civil penalty assessed under such order, the mayor or designee may:
(a)
Institute any appropriate action to collect a civil penalty assessed under this code; and/or
(b)
Abate the land use violation using the procedures of this code; and/or
(c)
File in the office of the Skagit County auditor a certificate describing the property and the violation and stating that the owner has been so notified; and/or
(d)
Pursue any other appropriate remedy at law or equity.
(2)
Enforcement of a civil penalty imposed with any notice and order of the mayor or designee issued pursuant to this code shall be stayed during the pendency of the request for reconsideration conference or appeal under this code, except when council or designee determines that the violation will cause immediate and irreparable harm and so states in the notice and order issued; provided, that if the hearing examiner rules that an appeal is frivolous, any civil penalty shall not be stayed during the pendency of the appeal.
(Ord. 743 § 6, 1999; Ord. 839 § 38, 2001)
§ 15.135.420 Suspension of permits.
(1)
The mayor or designee may temporarily suspend any permit issued under a land use or health ordinance for failure of the holder to comply with any notice and order issued pursuant to this code.
(2)
Such permit suspension shall be carried out through the notice and order provisions of this code, and the suspension shall be effective upon service of the notice and order upon the holder or operator. The holder or operator may appeal suspension as provided by this code.
(3)
Notwithstanding any other provision of this code, whenever the mayor or designee finds that a violation of any land use or public health ordinance, code, statute, or regulation has created, or is creating, an unsanitary, dangerous, or other condition which, in the opinion of the mayor or designee, constitutes an immediate and irreparable hazard, the operations under the permit may be, without service of a written notice and order, suspended or terminated immediately.
(Ord. 743 § 6, 1999; Ord. 839 § 39, 2001)
§ 15.135.430 Revocation of permits.
(1)
The mayor or designee may permanently revoke any permit issued by the town for:
(a)
Failure of the holder to comply with the requirements or any land use ordinance, code, statute, or regulation; or
(b)
Failure of the holder to comply with any notice and order issued pursuant to this code; or
(c)
Interference with the council or designee in the performance of duties; or
(d)
Discovery by the mayor or designee that a permit was issued in error or on the basis of incorrect information supplied to the town.
(2)
Such permit revocation shall be carried out through the notice and order provisions of this code and other revocation shall be effective upon service of the notice and order upon the holder or operator. The holder or operator may appeal such revocation, as provided by this code.
(3)
A permit may be suspended pending its revocation or a hearing relative thereto.
(Ord. 743 § 6, 1999; Ord. 839 § 40, 2001)
§ 15.135.440 Lien authorized.
The town of La Conner shall have a lien for the cost of any work of abatement done by it pursuant to this code, or both, against the real property on which the civil penalty was imposed or any of the above work was performed, to the extent and in the manner provided by law.
(Ord. 743 § 6, 1999; Ord. 839 § 41, 2001)
§ 15.135.450 Personal obligation authorized.
The civil penalty and the cost of abatement are also joint and separate personal obligations of any person in violation. The town attorney on behalf of La Conner or the town's assignee may collect the civil penalty and the abatement work costs by use of all appropriate legal remedies. The town or its assignee shall be entitled to its attorney fees and costs, including appeals, incurred to collect.
(Ord. 743 § 6, 1999; Ord. 839 § 42, 2001)
§ 15.135.460 Notice lien may be claimed.
Repealed by Ord. 839.
(Ord. 743 § 6, 1999)
§ 15.135.470 Priority.
Repealed by Ord. 839.
(Ord. 743 § 6, 1999)
§ 15.135.480 Claim of lien – General.
Repealed by Ord. 839.
(Ord. 743 § 6, 1999)
§ 15.135.490 Duration of lien – Limitation of action.
Repealed by Ord. 839.
(Ord. 743 § 6, 1999)
§ 15.135.500 Foreclosure – Parties.
Repealed by Ord. 839.
(Ord. 743 § 6, 1999)
