The regulations are intended to carry out the goals and policies of the Skagit County Comprehensive Plan. This Chapter is intended to benefit the public as a whole and not any specific person or group of persons. (Ord. O20250005 § 2 (Exh. A))

(1)    This Chapter applies to all zones established within unincorporated Skagit County and any project permit or project permit application.

(2)    This Chapter applies to the entirety of Division 1 of this Title. (Ord. O20250005 § 2 (Exh. A))

(1)    Skagit County is hereby divided into zones to carry out the policies and objectives of the Comprehensive Plan. Division 1 of this Title describes the land uses that are allowed and prohibited within each zone.

(2)    Zoning Map. The official zoning map delineating the boundaries between zones and showing the zoning of specific parcels of land, together with the explanatory matter thereon, is hereby adopted by reference and declared a part of this Title. The current official zoning map must be kept on file by the County in the office of the Department and is the final authority as to the current zone boundaries.

(3)    Zoning Map Available to Public. The official zoning map must be permanently displayed at a location available to the public.

(4)    Zoning Map Amendments. The zones may be redefined from time to time by adoption of amendments (rezones) to the zoning map, in accordance with the procedures in SCC Chapter 14.08, Legislative Procedures, by a map or maps showing the geographical area and location of said amendments. Changes to the zoning map must be consistent with the Comprehensive Plan land use designations.

(5)    Zoning Boundaries. When uncertainty exists as to boundaries of any land use zone shown on the official zoning map, the following rules of construction apply:

(a)    Where two different zones are separated by a road, the actual centerline of the right-of-way must be construed to be the zone boundary.

(b)    Where zone boundaries are indicated on such maps as approximately following the lot or tract lines, the actual lot tract line must be construed to be the boundaries of such zone.

(c)    Where a zone boundary on the official zoning map divides a parcel, the location of such district boundary thereon must be determined by use of the scale appearing on the zoning map.

(d)    Zone boundaries indicated as following shorelines must be construed to follow such shorelines, and in case of change in the shoreline, must be construed as moving with the actual shoreline, except in cases where a government meander line exists, in which case the shoreline must be measured from the meander line.

(e)    Boundaries indicated as following railroad lines must be construed to be the centerline of the right-of-way.

(f)    Where a public street or alley is officially vacated or abandoned, the regulations applicable to the abutting property to which the vacated portion reverts apply to such vacated or abandoned street or alley.

(g)    When an uncertainty exists that cannot be resolved by the application of the foregoing rules, the Director must determine the location of such zone boundaries by written decision. (Ord. O20250005 § 2 (Exh. A))

(1)    If a single lot is divided into multiple zones, each separately zoned portion of the lot may be developed, subdivided, or used consistent with the applicable zone’s regulations.

(2)    Development on the lot must comply with the requirements of the zone in which the development is located.

(3)    Each separately zoned portion of the lot is treated as a separate lot for meeting all applicable code requirements (e.g., minimum lot size). (Ord. O20250005 § 2 (Exh. A))

(1)    The use tables in the chapters in Division 1 specify whether a use is allowed in a zone.

(2)    The symbols in each cell have the meanings shown below.

(3)    No use specifically identified as allowed in any zone may be allowed in another zone where that use is not specifically identified.

(4)    Where a use qualifies as both an allowed use and a prohibited use, the use is prohibited. (Ord. O20250005 § 2 (Exh. A))

(1)    Unless more specifically stated elsewhere, the uses in the following table are allowed in all zones at the level of review noted. For development standards for these uses, see the standards chapter listed.

(Ord. O20250005 § 2 (Exh. A))

(1)    In addition to any use that is prohibited by SCC 14.10.090(1) or other provisions of Skagit County Code, this Section describes additional uses that are expressly prohibited in all zones.

(2)    Consistent with SCC 14.09.320, a violation of this Section is a Class 1 civil infraction and is subject to the other penalties in SCC Chapter 14.09.

(3)    The following uses are explicitly prohibited in all zones:

(a)    Major regional utility development;

(b)    Marijuana production or processing in a greenhouse or any translucent structure;

(c)    Marijuana collective garden;

(d)    Marijuana cooperative;

(e)    Mitigation bank;

(f)    Outdoor growing of marijuana.

(4)    Recreational Vehicles.

(a)    It is unlawful to use a recreational vehicle as a dwelling unit.

(b)    It is unlawful to occupy a recreational vehicle for more than 180 days in any 12-month period.

(c)    It is unlawful to maintain more than one occupied recreational vehicle on any lot without a special use permit for that purpose.

(d)    It is unlawful to maintain more than two recreational vehicles on any lot without a special use permit for that purpose.

(5)    Storage in Setbacks and Rights-of-Way.

(a)    It is unlawful to store any material or vehicle in public rights-of-way.

(b)    It is unlawful to place a vehicle that is not currently licensed and registered in a setback.

(6)    Storage of Junk. No person may use more than 500 square feet of a lot or parcel of land for the depositing, sorting, refining, baling, dismantling, or storage of junk except when conducted entirely within an enclosed structure. (Ord. O20250005 § 2 (Exh. A))

(1)    No building permit may be issued for any structure that is not within the boundaries of a Skagit County Fire District.

(2)    Exceptions. Notwithstanding the general rule:

(a)    A building permit may be issued if the Director determines that the building is a necessary component of the resource base of the zone.

(b)    A building permit may be issued for a nonresidential, noncommercial structure if it is necessary to convey utilities, radio transmission, etc. (e.g., radio towers or transmission or water lines).

(c)    In zones other than IF-NRL, a building permit may be issued for a single-family dwelling or accessory building if it meets all of the following or comparable alternative fire protection requirements as determined by the Fire Marshal:

(i)    Approved noncombustible roofing materials must be used.

(ii)    Slash abatement within 200 feet of any portion of the exterior of the structure.

(iii)    A safety zone cleared of flammable vegetation 30 feet from any portion of the exterior of the structure on level ground and 100 feet downhill on sloped ground.

(iv)    Building sprinklers are installed per National Fire Protection Association 13D (NFPA 13D).

(v)    Exception: Buildings of 800 square feet or less that are:

(A)    Unheated separate accessory structures to a full-time dwelling unit 20 feet from all other buildings; or

(B)    A building used as a vacation cabin and not as a full-time residence.

(vi)    There is availability of 300 gallons of water on site, 400 feet of one-inch fire hose, and an internal combustion engine powered pump.

(d)    On saltwater islands, a building permit may be issued for a single-family dwelling or accessory building if it meets all of the following or comparable alternative fire protection requirements as determined by the Fire Marshal:

(i)    Approved noncombustible roofing materials must be used.

(ii)    Slash abatement within 200 feet of any portion of the exterior of the structure.

(iii)    A safety zone cleared of flammable vegetation 30 feet from any portion of the exterior of the structure on level ground and 100 feet downhill on sloped ground.

(iv)    There is availability of 300 gallons of water on site, 400 feet of one-inch fire hose, and an internal combustion engine powered pump, or an equivalent system as approved by the Skagit County Fire Marshal.

(v)    Building sprinklers are installed per National Fire Protection Association 13D (NFPA 13D).

(e)    Exceptions from the sprinkling requirement in this Subsection may be provided if:

(i)    The lot was a legal lot prior to the adoption of interim controls on June 11, 1990; and

(ii)    The proposed single-family dwelling or accessory building does not exceed 1,500 square feet of heated structure. (Ord. O20250005 § 2 (Exh. A))

(1)    Only a use listed within a given zone is allowed in that zone, except that a substantially similar use may be allowed per this Section.

(2)    When a use is not specifically identified in this Division, the Director may authorize the use if the Director makes all of the following findings:

(a)    The proposed use is similar to other uses listed in the zone in which the use is proposed to be located;

(b)    The proposed use substantially meets the intent of and is consistent with the goals, objectives and policies of the Comprehensive Plan;

(c)    The proposed use meets the stated purpose and general intent of the zone in which the use is proposed to be located;

(d)    The proposed use would not adversely impact the public health, safety and general welfare of the residents of the County; and

(e)    The proposed use shares characteristics common with and not of greater intensity, density or more environmental impact than those uses listed in the zone in which it is to be located. (Ord. O20250005 § 2 (Exh. A))

Extension of sewer service is prohibited outside of urban growth areas, except in those limited circumstances shown to be necessary to protect basic public health and safety and the environment and when such services are financially supportable at rural densities and do not permit urban densities. (Ord. O20250005 § 2 (Exh. A))

(1)    The dimensional standards tables in the chapters in Division 1 specify numeric standards for dimensional parameters.

(2)    The symbols and abbreviations in the tables have the meanings shown below, in addition to the meanings shown in SCC 14.04.030.

(3)    Lot Size.

(a)    Lot size is measured as the total horizontal square footage area within property lines, excluding tidelands. Lot size may include the portion of the property that was dedicated for public or private street right(s)-of-way.

(b)    The minimum lot size shown in the dimensional standards tables is the minimum for an ordinary land division; smaller lot sizes may be available with special land divisions (SCC Chapter 14.76), a CaRD (SCC Chapter 14.78), or a binding site plan (SCC Chapter 14.79).

(c)    In certain zones, the Director may reduce the minimum lot size required for a lot for a public safety facility to accommodate its financing, ownership, and development.

(i)    The lot size adjustment may be no greater than what is required to accommodate that particular safety facility and to reduce the impacts to rural or natural resource lands.

(ii)    This exception applies in the following zones: Rural Village Residential; Rural Intermediate; Rural Reserve; Agriculture—Natural Resource Lands; Secondary Forest—Natural Resource Lands; Industrial Forest—Natural Resource Lands; and Rural Resource—Natural Resource Lands.

(iii)    A qualifying public safety facility includes fire halls, emergency medical, law enforcement substations and training stations, flood control facilities and other similar facilities owned or operated by the County or a district or private service provider holding a franchise or long-term lease agreement with the County. Such facilities must be dedicated to providing emergency responses to the general public.

(iv)    Once such a lot is created, it may not be converted to residential use unless the minimum lot size for the zone is amended and the lot sized for the public safety facility becomes a conforming lot size for residential development.

(4)    Setbacks.

(a)    Setbacks are for both principal and accessory structures unless otherwise specified.

(b)    Setbacks from NRL zones are required per SCC 14.38.060.

(5)    Maximum Building Height.

(a)    Determination of Height.

(i)    For most structures, height is determined by the vertical distance measured from the average elevation of the area occupied by the structure to the highest point of the structure or roof for flat roofs, and the average height of the roof on gable, shed, hip or other peaked roofs.

(ii)    For an antenna, height is determined by the vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure, even if said highest point is an antenna. If the support structure is on a sloped grade, then the average between the highest and lowest grades must be used in calculating the antenna height.

(b)    Exemption. The following structures are exempt from the maximum height limits:

(i)    Flagpoles;

(ii)    Ham radio antennas;

(iii)    Church steeples;

(iv)    Water towers;

(v)    Meteorological towers;

(vi)    Fire towers.

(c)    Properties within the Airport Environs Overlay (AEO) may have further limitations on height pursuant to SCC 14.14.100.

(d)    The height of wireless facilities is regulated in SCC Chapter 14.59.

(e)    In the AVR and AEO zones, maximum height should be determined using the datum of mean sea level elevation, unless otherwise specified. (Ord. O20250005 § 2 (Exh. A))

(1)    This Chapter applies to the following zones:

(a)    Rural Intermediate (RI);

(b)    Rural Reserve (RRv);

(c)    Rural Village Residential (RVR);

(d)    Rural Center (RC);

(e)    Rural Village Commercial (RVC);

(f)    Public Open Space of Regional/Statewide Importance (OSRSI). (Ord. O20250005 § 2 (Exh. A))

(1)    The uses shown in the table below are allowed in the specified zones. For development standards for these uses, see the use section in SCC Chapter 14.18.

(Ord. O20250005 § 2 (Exh. A))

Notes:

1.    A three-foot setback is permitted for nonresidential structures when the accessory building is a minimum of 75 feet from the front property line or when there is an alley along the rear property line. In the RI and RVR zones, the nonresidential structure must be less than 1,000 square feet in size and 16 feet or less in height.

(Ord. O20250005 § 2 (Exh. A))

(1)    Purpose. The purpose of the Rural Intermediate district is to provide and protect land for residential living in a rural atmosphere, taking priority over, but not precluding, limited nonresidential uses appropriate to the density and character of this designation. Long-term open space retention and critical area protection are encouraged. CaRDs are the preferred development pattern within this district.

(2)    Allowed Uses. In addition to the uses in SCC 14.11.020, the following uses are allowed in this zone:

(a)    Permitted Uses. Reserved.

(b)    Administrative Special Uses.

(i)    Institutional camps/retreats that existed prior to or on July 1, 1990, including cabins that may accommodate up to but not to exceed 250 beds and 10 RV sites, and common use facilities (e.g., dining, recreation) necessary to support the use, within the boundaries of the use that existed on July 1, 1990. (Ord. O20250005 § 2 (Exh. A))

(1)    Purpose. The purpose of the Rural Reserve zone is to allow low-density development and to preserve the open space character of those areas not designated as resource lands or as urban growth areas. Lands in this zone are transitional areas between resource lands and nonresource lands for those uses that require moderate acreage and provide residential and limited employment and service opportunities for rural residents. They establish long-term open spaces and critical area protection using CaRDs as the preferred residential development pattern.

(2)    Allowed Uses. In addition to the uses in SCC 14.11.020, the following uses are allowed in this zone:

(a)    Reserved.

(3)    Dimensional Standards.

(a)    Maximum Lot Coverage.

(i)    Agricultural accessory or processing uses: 35 percent.

(ii)    All other uses: 20 percent or 5,000 square feet, whichever is greater, not to exceed 25,000 square feet. (Ord. O20250005 § 2 (Exh. A))

(1)    Purpose. The purpose of the Rural Village Residential district is to preserve the residential character of those portions of Rural Villages designated for residential use, while allowing for limited nonresidential uses appropriate to the village through the special use permit process. Allowed densities within this district are based on the availability of public water and on environmental considerations.

(2)    Dimensional Standards.

(a)    Minimum Lot Size.

(i)    Where public water service is provided, the minimum lot size is one acre.

(ii)    Where public water service is not provided, the minimum lot size is two and one-half acres.

(b)    Minimum Lot Width.

(i)    Where public water service is provided, the minimum lot width is 75 feet.

(ii)    Where public water service is not provided, the minimum lot size is 150 feet.

(c)    Maximum Density.

(i)    Duplexes, triplexes, fourplexes, and manufactured or mobile home parks are limited to four dwelling units per acre.

(3)    Big Lake Rural Village Overlook Golf Course Property. The property that is commonly referred to as the Overlook Golf Course may only be developed at the following densities:

(a)    At one unit per five acres, or at a lower density, when the following condition is met:

(i)    The development is served by public water.

(b)    At a density between one unit per five acres and one unit per one acre when all of the following conditions are met:

(i)    The development is served by public water;

(ii)    The development is served by a public sewer system;

(iii)    The development is permitted as a long CaRD subdivision; and

(iv)    All stormwater facilities and temporary erosion/sedimentation control systems are designed to ensure no pollution to or degradation of Big Lake.

(c)    The development standards described in Subsection (3)(b) of this Section do not apply if the property becomes part of the Mount Vernon urban growth area. (Ord. O20250005 § 2 (Exh. A))

(1)    Purpose. The Rural Center zone recognizes centers or clusters of small retail and service businesses that serve a limited area and rural population outside of established urban growth areas and Rural Villages as designated by the Comprehensive Plan. Rural Centers are small-scale commercial clusters or individual uses are smaller in size and intensity than Rural Villages, intended to serve, to a limited extent, the traveling public at existing crossroads.

(2)    Dimensional Standards.

(a)    Maximum Size Limit.

(i)    Retail and service uses, including mini-storage, may not exceed 3,000 square feet of gross floor area per building, with a maximum of two buildings per parcel. Buildings may contain more than one business so long as the building falls within the above square footage limits.

(ii)    Fire stations, which may not exceed 8,000 square feet.

(iii)    Storage or other noncommercial uses that are accessory to the permitted use and do not exceed 50 percent of the square footage of the permitted use up may not exceed a total of 1,500 square feet per parcel.

(b)    Setbacks.

(i)    Rear: If adjacent to an RVR, RI zone, 20 feet, or the height of the back wall of the building, whichever is greater. Otherwise, the setback is equal to the height of the back wall of the building. (Ord. O20250005 § 2 (Exh. A))

(1)    Purpose. The Rural Village Commercial zones are located within each Rural Village identified in the Comprehensive Plan. This zone provides an activity center where rural residents and others can gather, work, shop, entertain and reside. This zone is intended to provide for a range of commercial uses and services to meet the everyday needs of rural residents and natural resource industries, to provide employment opportunities for residents of the rural area, and to provide goods, services, and lodging for travelers and tourists to the area. Requirements specific to individual community plans may be incorporated in this Section.

(2)    “RVC Alger” in the use and dimensional standards tables indicates that portion of the RVC zone in Alger.

(3)    Allowed Uses. In addition to the uses in SCC 14.11.020, the following uses are allowed in this zone:

(a)    Permitted Uses.

(i)    In the RVC zone in Alger, the following uses are allowed:

(A)    Continuation of existing residential uses.

(4)    Dimensional Standards.

(a)    Setbacks.

(i)    Front setbacks in the Rural Village Commercial zone in Alger adjacent to Old Highway 99 and north of Alger Cain Lake Road are five feet for those RVC properties where the right-of-way is approximately 100 feet wide, provided there is an approved agreement for frontage improvements on Old Highway 99 consistent with the Village Concept Plan in the Alger Community Plan. The agreement must be signed by Skagit County and must include provisions for, at a minimum: landscaping, stormwater management, pathways, driveways, and maintenance.

(ii)    Side and rear: None on interior lots adjacent to other commercial designations. Adjacent to other land use designations, the side setback is eight feet and the rear setback is 20 feet.

(b)    Maximum Size Limits.

(i)    Except for overnight lodging facilities and fire stations, total gross floor area of primary uses may not exceed 6,000 square feet per parcel.

(ii)    Fire stations may not exceed 8,000 square feet.

(iii)    Overnight lodging facilities may not exceed 12,000 square feet of gross floor area per parcel, including any related commercial services.

(iv)    Storage or other noncommercial uses that are accessory to the permitted use, including owner operator/caretaker quarters, up to a total of 1,500 square feet per parcel, are also permitted.

(5)    Pedestrian Circulation.

(a)    Pedestrian walkways must be provided between parking areas and the uses served by that parking.

(b)    Pedestrian facilities must be also provided as specified by an applicable rural village plan.

(c)    In the Rural Village Commercial zone in Alger, pedestrian and bike pathways at least five feet wide are required along the street frontage and between parking areas and the uses they serve.

(i)    Pathways may be surfaced with crushed rock, except for those portions covered by handicapped accessibility requirements.

(ii)    Pathways must include lighting that is full cut-off shielded and directed so that light does not migrate off site. Lighting must be pedestrian scale, with masts no higher than 12 feet and directed to sidewalks, paths, and parking areas.

(6)    Building and Site Design. In the Rural Village Commercial zone in Alger:

(a)    New structures must be compatible with the design of one or more of the existing historic structures, including the old Grange Hall, the Alger Improvement Association Community Hall, and the Alger Bar and Grill.

(b)    Parking areas must be located to the side or rear of buildings. (Ord. O20250005 § 2 (Exh. A))

(1)    Purpose. The purpose of the Public Open Space zone is to provide for lands in public ownership that are dedicated or reserved for public purposes or enjoyment for recreation, scenic amenities, or for the protection of environmentally sensitive areas.

(2)    Included Areas. This zone encompasses public open space having statewide and regional importance, including, for example:

(a)    Deception Pass, Bayview, Larabee, Rasar, and Rockport State parks;

(b)    County parks including Sharpe Park and Montgomery-Duban Headlands, Howard Miller Steelhead Park, and Pressentin Park;

(c)    Publicly owned portions of Burrows Island, Cypress Island, Hope Island, Huckleberry Island, Saddlebag Island, and Skagit Island;

(d)    Glacier Peak Wilderness, Noisy-Diobsud Wilderness, Mount Baker-Snoqualmie National Forest, North Cascades National Park, and the Ross Lake National Recreation Area;

(e)    PUD No. 1 Judy Reservoir;

(f)    Portions of the Northern State Recreation Area;

(g)    Seattle City Light wildlife mitigation lands and Endangered Species Act lands;

(h)    Washington Department of Natural Resources natural resource conservation areas and natural area preserves and Skagit Wildlife Refuge are included in this district.

(3)    Allowed Uses. In addition to the uses in SCC 14.11.020, the following uses are allowed in this zone:

(a)    Permitted Uses.

(i)    Parks that showcase significant historic, archaeological, scientific, cultural and/or unique natural features, unusual landscape features such as cliffs and bluffs or natural processes on wetlands and tidal actions.

(ii)    Public open space areas of regional and Statewide importance, including County, State and Federal parks, recreational areas, and wildlife management areas, including those that provide linkages between neighborhood and community parks.

(iii)    Educational enterprises designed to offer special access to natural resource-based and recreational opportunities on lakes, creeks, streams, river corridors, shorelines, and areas with prominent views.

(b)    Administrative Special Uses.

(i)    In remote areas only, such as east of Concrete and on saltwater islands without ferry service, employee housing sufficient to operate the OSRSI operation.

(4)    Use Limitations.

(a)    There may be Federal or State regulations or limitations which may further limit the use of some facilities within the zone, and Skagit County may not have jurisdiction over some State or Federal facilities within the zone. (Ord. O20250005 § 2 (Exh. A))

(1)    This Chapter applies to the following zones:

(a)    Rural Business (RB).

(b)    Rural Freeway Service (RFS).

(c)    Small-Scale Business (SSB).

(d)    Natural Resource Industrial (NRI).

(e)    Rural Marine Industrial (RMI).

(f)    Small-Scale Recreation and Tourism (SRT). (Ord. O20250005 § 2 (Exh. A))

(1)    The uses shown in the table below are allowed in the specified zones. For development standards for these uses, see the use section in SCC Chapter 14.18.

(Ord. O20250005 § 2 (Exh. A))

(Ord. O20250005 § 2 (Exh. A))

(1)    Purpose. The Rural Business zone is intended to provide reasonable expansion and change of use opportunities for existing isolated nonresidential uses in the rural area that provide job opportunities for rural residents and that are not consistent with the other commercial and industrial Comprehensive Plan designations and zones.

(2)    Allowed Uses. In addition to the uses in SCC 14.12.020, the following uses are allowed in this zone:

(a)    Continuation of an existing commercial use.

(b)    Subject to an administrative decision, a change of use from the existing use to a use which is substantially similar to the existing use in terms of the type of commercial activity performed. A substantially similar use must continue the same basic operational characteristics as the existing use, and must be of no greater intensity, density, or generate no greater environmental or traffic impact than the existing use.

(c)    A use designated Rural Business may be expanded, but any expansion is limited to a maximum of 50 percent of the gross floor area existing as of June 1, 1997, or 1,500 square feet, whichever is less. The maximum floor area of allowed expansion must be determined based on the gross floor area dedicated to the Rural Business use as of June 1, 1997. The expansion, as well as all associated development including but not limited to parking areas, driveways, septic systems, wells, and landscaping, must occur on the same lot upon which the existing use is located.

(d)    Outdoor working areas may be expanded by a maximum of 50 percent, but any expansion must occur on the same lot as the existing outdoor working area. The area of allowed expansion must be determined based on the outdoor working area dedicated to the Rural Business use as of June 1, 1997.

(3)    Hearing Examiner Special Uses.

(a)    With an approved Hearing Examiner special use permit, a use designated Rural Business which was established prior to July 1, 1990, may be expanded beyond the 1,500-square-foot limit established in Subsection (2)(c) of this Section. For agricultural support services, the expansion is not limited. For all other uses, the expansion may not exceed 50 percent of the gross floor area dedicated to the Rural Business use as of July 1, 1990, up to a maximum of 5,000 square feet; and Subsections (3)(a)(i) through (3)(a)(vi) of this Section must be met. The applicant has the burden of proof to demonstrate that the use was established, and to what extent, prior to July 1, 1990. An expansion of 50 percent is not guaranteed, but instead is a maximum allowance; provided, that in no instance may an expansion greater than 5,000 square feet of gross floor area be allowed. Compliance with the criteria below may dictate a smaller maximum expansion. Expansions greater than 1,500 square feet must not be allowed if the following criteria cannot be met:

(i)    The expansion, as well as all associated development, including but not limited to parking areas, driveways, septic systems, wells, and landscaping, will occur on the same lot upon which the existing use is located;

(ii)    The expansion is visually compatible with the surrounding neighborhood and rural area;

(iii)    Detrimental impacts to adjacent properties or to existing easement rights on the property will not be increased or intensified;

(iv)    The expansion does not result in a formerly small operation dominating the area;

(v)    The expansion will not constitute new urban growth in the rural area, except that uses may utilize urban services that are historically already available to the site; and

(vi)    Public services and facilities are limited to those necessary to serve the isolated nonresidential use and are provided in a manner that does not permit low density sprawl.

(b)    A Hearing Examiner special use permit is required to change from one use to another use when Subsection (2)(b) of this Section does not apply. The Hearing Examiner may not grant a special use permit if he/she determines that the change of use would:

(i)    Result in a substantially increased impact on any one of the following criteria; or

(ii)    Result in smaller impacts across a number of criteria that, combined, result in a substantially increased overall impact. Information in parentheses defines “substantial impact” for that particular measure.

(A)    Traffic generation (more than 10 percent increase in vehicle trips per day equals substantial increase).

(B)    Parking requirements (the need to expand existing parking facilities or the likelihood that parking would flow over to adjacent roads or properties equals substantial increase).

(C)    Hours of operation (10 percent increase in hours of operation, or any measurable increase in evening and weekend hours, equals substantial increase).

(D)    Visitors/customers visiting the site (10 percent increase in visitors to the site equals substantial increase).

(E)    Need for expanded septic, sewer, water, power, or other services.

(F)    Need for increased infrastructure, such as road widening or access improvements.

(G)    Noise, light, glare and related impacts from business operations on adjacent properties.

(H)    Detrimental impacts on productive use of surrounding natural resource lands.

(I)    Detrimental impacts to surrounding critical areas.

(J)    Change to the visual character of the structure or property that would significantly and negatively affect the visual character of the surrounding rural area.

(K)    Be inconsistent with an applicable community development plan, if one has been adopted.

(iii)    Any use requiring the installation or extension of urban services, including sewer and stormwater, would be considered an urban use rather than a rural use and would be disqualified.

(iv)    A new use may take advantage of the one-time expansion opportunity provided to existing RB uses, provided it satisfies the expansion criteria in the Comprehensive Plan and development regulations. However, a change to a new use does not create any new expansion opportunities or rights. (Ord. O20250005 § 2 (Exh. A))

(1)    Purpose. The purpose of the Rural Freeway Service district is to provide for small-scale commercial uses at certain Interstate 5 freeway interchanges outside of urban growth areas as designated by the Comprehensive Plan to serve local populations and the traveling public with necessary goods and services.

(2)    Dimensional Standards.

(a)    Size Limitations.

(i)    A building may not exceed 6,000 square feet of gross floor area, except as provided in Subsection (2)(a)(iii) of this Section, with a maximum of one building per parcel. A building may contain more than one business.

(ii)    Retail may not exceed 4,500 square feet and 1,500 square feet of storage.

(iii)    Storage or other noncommercial uses that are accessory to a permitted use up to a total of 1,500 square feet per parcel is permitted. (Ord. O20250005 § 2 (Exh. A))

(1)    Purpose. The Small-Scale Business zone supports existing and new small-scale businesses that are not principally designed to serve the existing and projected rural population and nonresidential uses, but that do enhance rural economic development opportunities and job opportunities for rural residents.

(2)    Dimensional Standards.

(a)    Maximum Size Limits.

(i)    Permitted uses may not exceed 10,000 square feet of gross floor area with a maximum of one building per parcel. Parcels may not be divided through a binding site plan to create more than one parcel or building per small scale business designation.

(b)    Setbacks.

(i)    Interior side: none on interior lots; 35 feet on corner lots.

(ii)    Rear: 35 feet adjacent to RVR, RI or Agricultural zones.

(3)    General Requirements. All proposed SSB uses must comply with the following:

(a)    All structures and outside activities must be located or screened from adjacent properties to avoid disturbance through glare, shading, noise, dirt or other nuisances or hazards.

(b)    No petroleum pumps or aboveground petroleum storage may be closer than 30 feet to any street right-of-way.

(c)    All development proposals within the SSB district must include a plan, acceptable to the Department, that diagrams and explains how open areas will be maintained during and after construction to avoid sewage, drainage, and dust nuisances to adjacent properties, uses, and critical areas. The plan must also demonstrate how existing easement rights or other property ownership interests in the property will be protected.

(d)    All open portions of any lot must have adequate grading and drainage consistent with the requirements of SCC Chapter 14.32.

(e)    Impacts of the use on the off-site road system must be mitigated, particularly with regard to the impacts of tracks on substandard roads between the site and the arterial system.

(4)    Special Provisions. Uses may not have more than 20 full-time equivalent (FTE) on-site employees. This limitation does not apply to off-site employees.

(a)    For the purposes of this Subsection, “FTE on-site employee” means an employee that visits the site more than two times per week, including solely for purposes of vehicle transfer, and must be calculated over the course of a full year, based on a full-time equivalent of 40 hours per week, 50 weeks per year.

(b)    Seasonal employee full-time equivalent is determined by multiplying the number of seasonal employees times the total hours worked per employee per season, divided by 2,000 hours (40 hours times 50 weeks). (Ord. O20250005 § 2 (Exh. A))

(1)    Purpose. Natural resource-related industrial uses that are commonly accepted in the rural area which facilitate the production of agricultural, forest, and aquatic products are permissible in the NRI zoning classification. This zoning designation allows related processing facilities, limited direct resource sales and limited natural resource support services that support local natural resource activities and which are not detrimental to the natural resource base in the long term.

(2)    Allowed Uses. In addition to the uses in SCC 14.12.020, the following uses are allowed in this zone:

(a)    Permitted Uses.

(i)    Uses related to agriculture, including, but not limited to:

(A)    Agricultural implement sales;

(B)    Commercial composting;

(C)    Fabrication of farm related items;

(D)    Fertilizer manufacturing;

(E)    Irrigation systems sales, repair and storage;

(F)    Livestock auction facility;

(G)    Storage and distribution of animal feeds, fertilizers, pesticides and seed.

(ii)    Uses related to forestry including, but not limited to:

(A)    Fabrication of forestry-related items;

(B)    Forest industry storage and maintenance facility;

(C)    Forestry management services and forest industry support services;

(D)    Log-scaling station;

(E)    Manufacturing wood containers and products;

(F)    Operation of sawmills, chippers, shake and shingle mills, scaling stations, log dumps and sorting areas, forest industry equipment maintenance, buildings and storage yards, and forest industry residue dumping areas;

(G)    Prefabricated wood building and components; and

(H)    Wood waste recycling.

(iii)    Uses related to aquatic resources including, but not limited to, the following:

(A)    Fabrication, maintenance, and repair of equipment, vessels, and structures associated with aquatic natural resource industries;

(B)    Management and propagation of fish and wildlife;

(C)    Seafood processing and accessory on-site sales;

(D)    Shellfish processing and accessory on-site sales;

(E)    Treatment and bottling of water for commercial sales; and

(F)    Upland fish farm.

(b)    Accessory uses, only to serve the on-site primary permitted natural resource industrial use:

(i)    Explosives storage for use on NRL lands;

(ii)    Industrial vehicle storage facility for vehicles which only serve natural resource industries;

(iii)    Metalworking shop for the maintenance and repair of equipment used by the primary permitted natural resource industrial use;

(iv)    Offices in conjunction with the permitted use;

(v)    Retail sales of finished timber products.

(3)    Dimensional Standards.

(a)    Special Setbacks. Explosive storage, hazardous waste storage and treatment facilities, and petroleum products and gas bulk storage must be set back a minimum of 300 feet from the property boundary, and edges of existing and planned public rights-of-way.

(b)    Maximum Size Limits.

(i)    The maximum size for a contiguous NRI zone is 40 acres unless adjacent to a UGA.

(ii)    The maximum gross floor area for buildings in an NRI zone is:

(A)    Fifteen percent of total lot area for an NRI zone adjacent to a UGA, RVR, RVC, or RC zone;

(B)    Ten percent of total lot area if not adjacent to a UGA, RVR, RVC, or RC zone;

(C)    Seventy percent of total lot area for greenhouses, regardless of zone adjacency.

(4)    Special Provisions.

(a)    All sides of a proposed NRI use adjacent to a Rural Village must comply with the following:

(i)    All structures and outside activities must be located or screened from adjacent properties to avoid disturbance through glare, shading, noise, dirt or other nuisances or hazards;

(ii)    No petroleum pumps or aboveground petroleum storage may be closer than 30 feet from any street right-of-way; and

(iii)    All development proposals within the Natural Resource Industrial district must include a plan, acceptable to the Department, that diagrams and explains how open areas will be maintained during and after construction to avoid sewage, drainage and dust nuisances to adjacent properties, uses, and critical areas. The plan must also demonstrate how existing easement rights or other property ownership interests in the property are protected.

(b)    All open portions of any lot must have adequate grading and drainage consistent with the requirements of SCC Chapter 14.32.

(c)    Impacts of the use on the off-site road system must be mitigated, particularly with regard to the impacts of trucks on substandard roads between the site and the arterial system. (Ord. O20250005 § 2 (Exh. A))

(1)    Purpose. The Rural Marine Industrial zone is intended to recognize existing rural marine industrial facilities and to permit expansion of existing rural water and shoreline-dependent or related marine industrial activities in Skagit County, and to provide limited expansion opportunities and limited changes of use.

(2)    Allowed Uses. In addition to the uses in SCC 14.12.020, the following uses are allowed in this zone:

(a)    Permitted Uses.

(i)    Marina, only on properties on which a marina existed as of April 1, 2002, or was vested by permit application as of April 1, 2002, permitted to continue, intensify and expand on such properties as conforming uses.

(ii)    Shore/water transfer of marine-related and/or raw natural resource materials.

(b)    Accessory Uses.

(i)    Moorage of marine vessels and structures associated with a permitted use.

(ii)    On parcels without a marina use permitted under Subsection (2)(a) or (2)(d) of this Section, maintenance, repair, storage, testing, and outfitting of marine-related and water-dependent products, equipment, vessels and structures used in, directly relating to, or supporting permitted uses. Fabrication and construction of structures and vessels may be incidental to such activities.

(iii)    On parcels with a marina use permitted under Subsection (2)(a) or (2)(d) of this Section:

(A)    Fabrication, construction, maintenance, repair, storage, testing, and outfitting of marine-related and water-dependent products, including but not limited to marine vessels, equipment, hardware and associated structures.

(B)    Restaurants.

(C)    Retail sales and rental of marine-related and water-dependent products consisting of, but not limited to, marine vessels, marine equipment and marine hardware.

(c)    Administrative Special Uses.

(i)    Parking, new or expanded parking areas within the required 50-foot setback. Appropriate conditions of approval to fully mitigate any increased impact to neighboring properties from parking in the 50-foot setback must be included.

(d)    Hearing Examiner Uses.

(i)    Marinas other than those permitted outright under Subsection (2)(a) of this Section on properties designated RMI before April 1, 2002.

(ii)    Marinas with a total of 15 or fewer slips for either wet or dry storage as an accessory use.

(3)    RMI Parcel. If multiple adjacent parcels have common ownership at the time they are all first zoned RMI, then these multiple parcels must be considered in their entirety as a single RMI parcel. If multiple adjacent parcels are under separate ownership at the time they are all first zoned RMI, then each parcel under separate ownership must be considered a separate RMI parcel. If an RMI parcel is subdivided or a portion is sold to a different owner, the dimensional standards applied to the parcel before subdivision or sale stay in effect on the parent parcel except as provided for in Subsection (5)(b) of this Section. Changes to an RMI parcel resulting from a rezone are as noted in Subsection (4) of this Section.

(4)    Rezones.

(a)    New areas zoned RMI must be on lands contiguous to areas with existing RMI zoning. If parcels are rezoned to RMI after July 14, 2000, and those parcels are in common ownership, then the new RMI parcels must be considered in their entirety as a single RMI parcel. If parcels are rezoned to RMI after July 14, 2000, and those new RMI parcels are in separate ownership, then each parcel under separate ownership must be considered a separate RMI parcel. In either case, the status of adjacent pre-existing RMI zoning as one or more RMI parcels is unaffected.

(b)    If a parcel zoned RMI that was originally 30 acres or less in size is decreased in size by a rezone, then the upland RMI parcel area acreage stated in Subsection (5)(a)(ii) of this Section must be the remaining upland RMI parcel area.

(c)    If a parcel that was originally over 30 acres in size is decreased in size by a rezone, then the limits of Subsection (5)(a)(ii) of this Section apply to the remaining upland RMI parcel area. If the remaining area is 30 acres or less in size and is both all outside the geographical jurisdiction of the SMP and more than 200 feet landward of the ordinary high water mark, then the limits of Subsection (5)(b) of this Section otherwise apply.

(d)    Notwithstanding the foregoing, if an RMI parcel on which a marina permitted under Subsection (2)(a)(i) of this Section is located is decreased in size by a rezone, the lot coverage and impervious surface coverage limitations in Subsection (5)(a)(i) of this Section must be decreased proportionally.

(5)    Dimensional Standards.

(a)    Parcels 30 Acres or Less in Size.

(i)    On parcels with a marina use permitted under Subsection (2)(a)(i) of this Section, maximum lot coverage and impervious surface is limited to the following, based on the acreage of the contiguous RMI zoned area in the parcel:

(ii)    For All Other Parcels 30 Acres or Less in Size. Maximum lot coverage and impervious surface is limited to the following percentages of upland RMI parcels areas:

(b)    Parcels Over 30 Acres in Size. Maximum lot coverage and impervious surface is limited to the following, and must be calculated based solely on the upland acreage that is located outside the area regulated by the SMP. If an RMI parcel over 30 acres in size is decreased in size through subdivision or sale of a portion to a different owner, then the limits of Subsection (5)(a)(ii) of this Section apply to any parcel that is located entirely outside of the area regulated by the SMP and the limits of this subsection otherwise apply.

(6)    Special Provisions.

(a)    All uses or expansions of use must comply with the following:

(i)    All structures and outside activities must be located or screened from adjacent properties to avoid disturbance through glare, shading, noise, dirt or other nuisances or hazards consistent with SCC Chapter 14.20, General Performance Standards; and

(ii)    No petroleum pumps or aboveground petroleum storage may be closer than 15 feet from any street right-of-way or 100 feet from parcels of different ownership; except, that on parcels on which marinas are permitted under Subsection (2)(a)(i) of this Section, these setbacks do not apply and location of petroleum pumps and storage are governed by the building and fire codes; and

(iii)    All development proposals within this designation must include a plan, which must be reviewed and approved for compliance with this Section, and must include a diagram and explanation on how the open areas are to be maintained during and after construction to avoid sewage, drainage and dust nuisances to adjacent properties, uses, and critical areas. The plan must also demonstrate how existing easement rights or other property ownership interests in the property will be protected.

(b)    Impacts to the off-site road system must be mitigated, particularly with regard to the impacts of trucks on substandard roads between the parcel and the arterial system.

(c)    On parcels regulated by Subsection (5)(b) of this Section, any new buildings or new outdoor storage areas must be located outside of the area regulated by the SMP. (Ord. O20250005 § 2 (Exh. A))

(1)    Purpose. This zone provides for small-scale recreational and tourist uses that create opportunities to diversify the economy of rural Skagit County by utilizing, in an environmentally sensitive manner, the County’s abundant recreational opportunities and scenic and natural amenities.

(2)    Allowed Uses. In addition to the uses in SCC 14.12.020, the following uses are allowed in this zone:

(a)    Permitted Uses.

(i)    Cabins and other forms of overnight lodging that are rural in scale. Lodging operators may not allow any person to occupy overnight lodging on the premises for more than four months in any year.

(ii)    Commercial facilities, such as restaurants and small retail and service businesses, if they serve the primary recreational or tourist use.

(iii)    Overnight lodging and related services for visitors to the rural area.

(b)    Administrative Special Uses.

(i)    Expansion of existing major public uses up to 3,000 square feet.

(ii)    In remote areas only, such as east of Concrete and on saltwater islands without ferry service, employee housing sufficient to operate the SRT operation so long as such housing is not for permanent residential use and is limited in size and quantity to only that necessary to house active, existing employees. Any employee housing must be incidental in scale to the primary SRT use.

(c)    Prohibited Uses.

(i)    New residential development, which includes the subdivision or sale of land for year-round or second-home residential housing that is owner occupied or rented.

(3)    Dimensional Standards.

(a)    Minimum Setbacks.

(i)    Front: 35 feet except 55 feet where parking is located in the front or sides of the structure.

(b)    Maximum Size Limits. The entire SRT area, whose boundaries are identified on a single Comprehensive Plan Map amendment, must be considered as one unit for the purpose of this calculation and is subject to the limits outlined in the following subsections as a whole.

(i)    The maximum number of acres that may be devoted to the built environment is 20 acres. Additional land may be associated with an SRT development provided it remains substantially undeveloped, primarily left in a natural state, and is used for passive recreation purposes only.

(ii)    The maximum number of units of overnight lodging is 35 units of built lodging (meaning fixed or mobile structures). This limit does not apply to the number of camping sites or recreational vehicle hook-ups within a campground or resort.

(iii)    Retail and service uses may not exceed 3,000 square feet of gross building area per establishment and is limited to two establishments. Storage or other uses that are accessory to the permitted use and do not exceed 50 percent of the square footage of the permitted use or a total of 1,500 square feet are also permitted.

(c)    Maximum lot coverage is 0.35 minus the acres of SRT divided by 100, except that a maximum coverage of 130,680 square feet is allowed. The entire SRT area, whose boundaries are identified on a single Comprehensive Plan Map amendment, must be considered as one unit and must be subject to the above-stated limit as a whole. (Ord. O20250005 § 2 (Exh. A))

(1)    This Chapter applies to the following zones:

(a)    Agricultural—Natural Resource Lands (Ag-NRL).

(b)    Industrial Forest—Natural Resource Lands (IF-NRL).

(c)    Secondary Forest—Natural Resource Lands (SF-NRL).

(d)    Rural Resource—Natural Resource Lands (RRc-NRL). (Ord. O20250005 § 2 (Exh. A))

(1)    The uses shown in the table below are allowed in the zones to which this Chapter applies. For development standards for these uses, see the use section in SCC Chapter 14.18.

(Ord. O20250005 § 2 (Exh. A))

(Ord. O20250005 § 2 (Exh. A))

(1)    Purpose. The purpose of the Agricultural—Natural Resource Lands district is to provide land for continued farming activities, conserve agricultural land, and reaffirm agricultural use, activities and operations as the primary use of the district. Nonagricultural uses are allowed only as accessory uses to the primary use of the land for agricultural purposes. The district is composed mainly of low flat land with highly productive soil and is the very essence of the County’s farming heritage and character.

(2)    Allowed Uses. In addition to the uses in SCC 14.13.020, the following uses are allowed in this zone:

(a)    Permitted Uses.

(i)    Commercial greenhouse operations that are an integral part of a local soil-based commercial agriculture operation.

(ii)    Individual or multiple farm composting as an incidental agricultural operation to a working farm with no net loss of soil. The composting operation must be managed according to an approved nutrient management plan in conjunction with the local Conservation District and Natural Resources Conservation Service (NRCS) standards and all applicable environmental, solid waste, access and health regulations. Such use must not generate traffic uncommon to a farm operation.

(iii)    On-site sorting, bagging, storage, and similar wholesale processing activities of agricultural products that are predominantly grown on site or produced principally from the entire commercial farm operation. Such activities are limited to those which are integrally related to the agricultural production and harvesting process.

(iv)    Water diversion structures and impoundments related to resource management.

(b)    Administrative Special Uses.

(i)    Greenhouse operations that are not integral to a local soil-based commercial agricultural operation. Greenhouses operating in the Ag-NRL zone as an administrative special use, if they cease operation, must be required to return the land to its former state or otherwise place the land in agricultural production.

(c)    Hearing Examiner Special Uses.

(i)    Expansion of existing natural resource industrial zoned agricultural support service businesses, provided the expansion is limited to only the area necessary for the business; and also provided, that any conversion of agricultural land is minimized to the greatest extent possible.

(3)    Dimensional Standards.

(a)    Setbacks.

(i)    Front: 35 feet minimum, 200 feet maximum from public road.

(A)    Unless specified below or elsewhere in this Chapter, no portion of a structure may be located closer than 35 feet from the front lot line and no portion of a structure may be located further than 200 feet from the front lot line.

(B)    If a parcel is located such that no portion or developable portion of the property is within 200 feet of a public road, the maximum 200-foot setback must be measured from the front property line.

(C)    The maximum setback may be waived by the Director where critical areas, preventing the placement of residential structures, are located within the 200-foot setback area. The maximum setback may also be waived by the Director in cases where nonfloodplain or nonprime agricultural land is located on the lot outside of the setback area, which would provide for a more appropriate placement of residential structures.

(D)    In cases where a residence exists outside the setback area, residential accessory structures may be placed outside the setback area if located in accordance with the siting criteria outlined in this Section.

(4)    Siting Criteria for Nonagricultural Structures. In addition to the dimensional standards above, new nonagricultural structures are required to comply with the following provisions:

(a)    Siting of all nonagricultural structures in the Agricultural—Natural Resource Lands district must minimize potential impacts on agricultural activities consistent with this Subsection (4).

(b)    Nonagricultural structures and development must be contained within the developed area of the parcel. “Developed area” includes areas covered with nonagricultural structures, lawn, gravel, concrete, asphalt, parking areas, driveways, septic systems, and landscaping, but does not include fields, farmed areas, or areas available to be farmed. Unless substantial evidence is provided indicating the location is not feasible, wells must also be located within the developed area whenever possible. Wells located outside of the developed area must be sited to minimize potential impacts on agricultural activities.

(c)    New nonagricultural structures must be clustered and located no more than 35 feet from existing, compatible buildings. If a driveway is needed between buildings for access, the distance between buildings may be increased to a maximum of 50 feet to allow for the driveway. Driveways, whether existing or new, must be shared whenever possible.

(d)    When the subject parcel has an existing nonagricultural developed area larger than one acre, the developed area may not be enlarged.

(e)    When the subject parcel has an existing nonagricultural developed area less than one acre and there is insufficient developed area for the proposed building, the total developed area may be expanded in the minimum amount necessary but may not exceed a maximum of one acre in size.

(f)    When the subject parcel has no existing nonagricultural developed area, all nonagricultural development (including structures, parking areas, driveways, septic systems, wells, and landscaping, etc.) must share a common access and must be clustered within a one-acre area located at a corner of the parcel. If any adjacent parcel has a more intensive zoning designation (e.g., allows greater residential development potential), the selected corner must be adjacent to the parcel with more intensive zoning designation; in the alternative, if there is existing development on adjacent parcels, the selected corner must be the one nearest the adjacent development.

(g)    A site plan for any nonagricultural development must include adjacent parcels and must show the location of existing structures on the subject and adjacent parcels, including the current use of existing structures (e.g., dwelling, shop/garage, dairy barn). (Ord. O20250005 § 2 (Exh. A))

(1)    Purpose. The purpose of the Industrial Forest—Natural Resource Lands district is to ensure that forest lands of long-term commercial significance are conserved and managed to provide sustainable forest yields, job stability, ecological values and the continuation of a viable commercial forest industry in Skagit County. Conservation of forest resources must be ensured through measures designed to prevent incompatible development on or adjacent to resource lands. Forest activities do not constitute a nuisance if conducted in accordance with the State Forest Practice Rules and Regulations, WAC Title 222.

(2)    This zone applies to all land zoned Industrial Forest and to all fee simple ownerships within National Forests.

(3)    Allowed Uses. In addition to the uses in SCC 14.13.020, the following uses are allowed in this zone:

(a)    Permitted Uses.

(i)    Extraction of gravel and rock for the purpose of forest road construction and/or maintenance, and the operation of rock crushers, provided the material and equipment is used within the Industrial Forest or Secondary Forest—Natural Resource Lands zones, or on same forest owners’ property.

(ii)    Management and propagation of fish and wildlife.

(iii)    Nonresidential structures which are accessory to forest management activities (i.e., temporary watchman quarters, equipment shop or storage structures).

(iv)    Operations of scaling stations, log dumps, sorting and storage areas, forest industry residue dumping areas; provided, that any such use within 1,000 feet of any residential use district, park or recreation area must be temporary and less than 12 months in duration.

(v)    Operation of sawmills, chippers, shake and shingle mills, forest industry equipment maintenance buildings and storage yards; provided, that such uses are temporary and are located on the property for no longer than 12 months’ duration.

(vi)    Storage of explosives for resource management use per adopted IBC and IFC, when located at least 300 feet from property boundary or public road right-of-way.

(vii)    Temporary use of recreational vehicles only where it is in conjunction with an active forest practice application. Temporary use of recreational vehicles is only allowed under this Subsection where such recreational vehicle is used as temporary living quarters for trail crews, fire crews, nursery crews, logging crews, maintenance crews or watchman, and where such use occurs for less than six months per year.

(viii)    Water diversion structures and impoundments related to resource management and on-site wetland restoration/enhancement projects.

(b)    Administrative Special Uses. Reserved.

(c)    Hearing Examiner Special Uses.

(i)    Storage of explosives for commercial purposes when located at least 600 feet from property boundary or public road right-of-way.

(4)    A single-family residence or residential accessory use in this zone is allowed only when all of the following criteria are met:

(a)    The residence is located within 200 feet of an existing County road or State highway;

(b)    The residence is located within the existing, as of July 26, 2005, boundaries of a fire district;

(c)    The residence is an accessory use to timber resource management activities;

(d)    Ingress and egress for fire vehicles meets the standards of the International Fire Code Section 503, as amended;

(e)    There is a 200-foot slash abatement maintained around the exterior portion of the dwelling;

(f)    There is a safety zone cleared of flammable vegetation 30 feet from any portion of the exterior of any structure on level ground and 100 feet downhill on sloped ground;

(g)    The dwelling or any accessory structure is constructed of a noncombustible roofing material; and

(h)    There is availability of 300 gallons of water on site, 400 feet of one-inch fire hose with nozzle, and an internal combustion engine powered pump. (Ord. O20250005 § 2 (Exh. A))

(1)    Purpose. The purpose of the Secondary Forest— Natural Resource Lands (SF-NRL) district is to provide a transitional area between the Industrial Forest—Natural Resource Lands zone and Rural zoned lands designated primarily for residential use and other nonforestry uses. The SF-NRL zone also provides a zone where smaller scale timber and other resource management activities can occur while providing protection from encroachment of residential activity that may encumber standard forest practices.

(2)    Allowed Uses. In addition to the uses in SCC 14.13.020, the following uses are allowed in this zone:

(a)    Permitted Uses.

(i)    Extraction of gravel and rock for the purpose of forest road construction and/or maintenance, and the operation of rock crushers, provided the material and equipment is used within the Industrial Forest or Secondary Forest—Natural Resource Lands zone, or on same forest owners’ property.

(ii)    Management and propagation of fish and wildlife.

(iii)    Nonresidential structures which are accessory to forest management activities (i.e., temporary watchman quarters, equipment shop or storage structures).

(iv)    Operations of scaling stations, log dumps, sorting and storage areas, forest industry residue dumping areas; provided, any such use within 1,000 feet of any residential use district, park or recreation area must be temporary and less than 12 months in duration.

(v)    Operation of sawmills, chippers, shake and shingle mills, forest industry equipment maintenance buildings and storage yards; provided, that such uses are temporary and are located on the property for no longer than 12 months’ duration.

(vi)    Storage of explosives for resource management use per adopted IBC and IFC, when located at least 300 feet from property boundary or public road right-of-way.

(vii)    Temporary use of recreational vehicles only where it is in conjunction with an active forest practice application. Temporary use of recreational vehicles is only allowed under this Subsection where such recreational vehicle is used as temporary living quarters for trail crews, fire crews, nursery crews, logging crews, maintenance crews or watchman, and where such use occurs for less than six months per year.

(viii)    Water diversion structures and impoundments related to resource management and (on-site) wetland restoration/enhancement projects.

(b)    Administrative Special Uses. Reserved.

(c)    Hearing Examiner Special Uses.

(i)    Storage of explosives for commercial purposes when located at least 600 feet from property boundary or public road right-of-way.

(3)    Dimensional Standards.

(a)    Access frontage: 100 feet. (Ord. O20250005 § 2 (Exh. A))

(1)    Purpose. The purpose of the Rural Resource—Natural Resource Lands district is to recognize and encourage the conservation of those lands which have the characteristics of both long-term commercially significant agriculture and forestry either on site or on adjacent sites. These are lands generally not managed as industrial resource lands, because of less productive soils, parcel size and/or geographic location, but are managed on a smaller scale and provide support for the industrial natural resource land base. It is the intent of this district to restrict incompatible nonresource-related uses and to retain a long-term, commercially significant natural resource land base.

(2)    Allowed Uses. In addition to the uses in SCC 14.13.020, the following uses are allowed in this zone:

(a)    Permitted Uses.

(i)    Commercial greenhouse operations that are an integral part of a local soil-based commercial agriculture operation.

(ii)    Commercial uses supporting resource uses, such as packing, first stage processing and processing that provides added value to resource products as long as there is no permanent conversion of the forest land.

(iii)    Individual or multiple farm composting as an incidental agricultural operation to a working farm with no net loss of soil. The composting operation must be managed according to an approved nutrient management plan in conjunction with the local Conservation District and Natural Resources Conservation Service (NRCS) standards and all applicable environmental, solid waste, access and health regulations. Such use may not generate traffic uncommon to a farm operation.

(iv)    Extraction of gravel and rock on three acres or less for the purpose of forest road construction and/or maintenance, and the operation of rock crushers, provided the material and equipment is used within the Rural Resource—Natural Resource Lands zone, or on same forest owners’ property.

(v)    Operation of scaling stations, log dumps and sorting areas, and forest industry residue dumping areas; provided, that any such use within 1,000 feet of any residential use zone, park, or recreation area is temporary and less than 12 months’ duration.

(vi)    Operation of sawmills, chippers, shake and shingle mills, forest industry equipment maintenance buildings, and storage yards; provided, that such uses are temporary and are located on the property for no longer than 12 months’ duration.

(vii)    Water diversion structures and impoundments related to resource management and on-site wetland restoration/enhancement projects.

(b)    Administrative Special Uses. Reserved.

(c)    Hearing Examiner Special Uses.

(i)    Extraction of gravel and rock on more than three acres for the purpose of forest road construction and/or maintenance, and the operation of rock crushers, provided the material and equipment is used within the Rural Resource—Natural Resource Lands zone, or on same forest owners’ property.

(ii)    Impoundments for public drinking water; provided, that analysis determines a need that cannot be otherwise met and where no other viable site is available.

(iii)    Storage of explosives for commercial purposes when located at least 600 feet from property boundary or public road right-of-way.

(3)    Dimensional Standards.

(a)    Maximum Lot Coverage.

(i)    Greenhouses: 35 percent.

(ii)    All other uses: 10 percent or 10,000 square feet, whichever is greater. (Ord. O20250005 § 2 (Exh. A))

(1)    This Chapter applies to the following zones:

(a)    Airport Environs Overlay (AEO).

(b)    Guemes Island Overlay (GIO).

(c)    Mineral Resource Overlay (MRO). (Ord. O20250005 § 2 (Exh. A))

(1)    Overview.

(a)    Background.

(i)    Skagit Regional Airport is an essential public facility as designated in the Skagit County Comprehensive Plan, provides an important transportation service to the region, and is a vital asset to facilitate economic growth in the County.

(ii)    Skagit Regional Airport has been operated for general aviation and commercial purposes by local municipal governments since the 1950s when it was acquired from the Federal government. The Port of Skagit has owned and operated the airport since 1965 and asserts that it has obtained avigation easements by prescription over property surrounding the Skagit Regional Airport.

(iii)    State law requires the County to protect public use airports from incompatible land uses through comprehensive planning and development regulations (RCW 36.70.547 and 36.70A.510).

(iv)    In 1999, the Washington State Department of Transportation (WSDOT), Aviation Division, adopted guidelines that provided technical information and policy recommendations regarding airport land use compatibility. Skagit County used that document, together with information from the California State Department of Transportation Airport Land Use Planning Handbook (1993), and information specific to the Skagit Regional Airport, to prepare the Skagit Regional Airport Land Use Compatibility Study (May 2000) that was the basis for the first version of this Airport Environs Overlay code. In 2011, WSDOT issued an updated Airports and Compatible Land Use Guidebook. The 2011 guidance recommends additional compatibility criteria within six compatibility zones surrounding the airport.

(v)    Where airport operations exist side-by-side with other development, or where low-flying air traffic overflies other development, airport operations are frequently the subject of nuisance complaints. As a result, some airports have been forced to cease or curtail operations. As an essential public facility, reduction or curtailment of service at Skagit Regional Airport is contrary to the public interest and the requirements of the Growth Management Act.

(b)    Policy. The policy of Skagit County is to:

(i)    Protect the long-term viability of Skagit Regional Airport; and

(ii)    Promote land uses compatible with the airport within the airport’s designated environs.

(c)    Purpose. The purpose of this Section is to:

(i)    Reduce any loss of airport operations by limiting and defining the circumstances under which Skagit Regional Airport may be considered a nuisance.

(ii)    Require title notices and avigation easements that recognize that property in proximity to the airport is subject to overflight effects, e.g., noise, exhaust fumes, illumination, smoke, vibration, and loss of quiet enjoyment due to aircraft overflights associated with landing and taking off.

(iii)    Help property purchasers and users understand the impact of living or owning a business near Skagit Regional Airport, and the conditions associated with their location.

(iv)    Protect public health, safety, and general welfare within the airport environs.

(2)    Applicability.

(a)    Designation of Airport Environs.

(i)    For purposes of this Section, the airport environs is that geographic area affected by the airport and defined based on factors including, but not limited to, aircraft noise, aircraft flight patterns, local circulation patterns, and area development plans, and is based on the WSDOT 2011 Airport and Compatible Land-Use Program Guidebook’s airport compatibility zones.

(ii)    The boundaries of the Airport Environs Overlay (“AEO”) zone and the six Airport Compatibility Zones (“ACZ”) are depicted on the adopted Skagit County Airport Environs Overlay map available at Skagit County Planning and Development Services and on the County website.

(b)    Generally. This Section applies to any of the following that lies wholly or partially within the airport environs:

(i)    New buildings, structures, subdivisions, binding site plans, or land uses and their associated permits or approvals.

(ii)    Outdoor activities involving human use or assembly, including but not limited to:

(A)    Open storage areas, roofed or unroofed, separate or adjoining another structure; and

(B)    Parks, playgrounds, and playing fields.

(iii)    Vegetation.

(c)    Exemptions. The following uses are exempt from the requirements of this Section:

(i)    Any object that will be shielded by existing structures of a permanent and substantial nature or by natural terrain or topographic features of equal or greater height, and will be located in an area of existing development where the shielded structure will not adversely affect safety in air navigation;

(ii)    Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or meteorological device meeting FAA-approved siting criteria, the location and height of which are fixed by its functional purpose;

(iii)    Any construction or alteration for which notice is required by any other FAA regulation;

(iv)    Any antenna structure of 20 feet or less in height, except one that would increase the height of another antenna structure;

(v)    Other uses as determined by the Director to be minor or incidental and within the intent or objective of these regulations.

(d)    Existing Uses. Uses lawfully existing on the effective date of the ordinance adopting this Section are not required to change operations to comply with these regulations but may not be changed as to result in a greater degree of nonconformity with respect to these regulations, except that existing schools are allowed to expand.

(3)    Compatibility Requirements.

(a)    Prohibited Uses. The following land uses are prohibited in all Airport Compatibility Zones:

(i)    Public and institutional uses, including hospitals, nursing homes, K-12 schools, stadiums, and any other land use where the people occupying the space have limited ability to move out of harm’s way in a safe and rapid manner.

(ii)    Aboveground bulk storage of flammable or hazardous materials that are not incidental to the permitted use.

(iii)    Manufactured home parks.

(b)    Additional ACZ-Specific Restrictions. To protect the safety of both pilots and people on the ground in the event of an airplane crash, uses within the Airport Compatibility Zones are subject to the restrictions shown in the following table in addition to the restrictions imposed by the applicable zones. Required open space must be maintained as vegetation not more than four feet in height, mowed lawn, or pavement.

(c)    Other Compatibility Requirements.

(i)    Trees. The owner of any tree that grows tall enough to impede the height restriction contours as depicted on the AEO Building Heights Restriction Contours Map must permit the maintenance or removal of the tree by the Port of Skagit to prevent hazards to air navigation.

(ii)    Exhaust Plumes.

(A)    Background. The FAA has determined thermal exhaust plumes can disrupt flight in the vicinity of an airport. The effect can vary greatly depending on several factors: local winds, ambient temperatures, stratification of the atmosphere, size, height, and number of the stack(s) emitting the plume(s), proximity to airport and flight paths, temperature and vertical speed of the effluent, and the size and speed of aircraft. Visibility may be reduced and hinder a pilot’s ability to navigate if smoke, steam or fog is produced. Heated exhaust plumes can originate from any number of sources, including but not limited to chimneys, elevated smokestacks at power generating stations, boilers, smelters, combustion sources, and flares created by an instantaneous release from a pressurized gas system. When exhaust plumes have significant vertical exit velocities, they may cause damage to an aircraft airframe, or upset an aircraft when flying at low levels, such as during approach, landing, and takeoff operations.

(B)    Assessments. Any proposal that includes construction or alteration of a significant exhaust-producing element must provide the following to the County and Port of Skagit:

(I)    An assessment of the vertical velocity of the exiting exhaust using a recognized plume rise equation or equivalent source testing; and

(II)    Project plan details that include stacks size, number, and height, as well as temperature so an assessment of the size and severity of the plumes may be completed using an FAA-recognized plume analyzer.

(C)    Requirement. When assessment results indicate that a vertical exhaust plume has potential to interfere with safe control of aircraft, the project proponent must evaluate mitigating design measures in consultation with the County and Port of Skagit.

(iii)    Stormwater management features, including stormwater detention or retention ponds, must be designed in accordance with the WSDOT Airport Stormwater Guidance Manual, except that mandatory provisions of SCC Chapter 14.32 control over conflicting provisions of the WSDOT manual.

(iv)    Solar Panels.

(A)    Solar panels can have varying degrees of reflectivity depending on the type of solar technology used. Reflectivity can cause glint and glare to pilots, which can cause a brief loss of vision constituting a hazard to air navigation.

(B)    Solar panels must be constructed with an antireflective layer to reduce glare.

(v)    Electronic Interference.

(A)    Background. Electronic interference can affect navigational aids used by pilots during takeoff and landing. Interference can be direct interference with the navigation signal (i.e., transmitting locally on a frequency that is close to the NAVAID frequency or a harmonic of that frequency) or indirect interference (through adverse reflections, blocking of the signal by structures, or some interfering activity at a location).

(B)    Requirement. Any proposal that includes potential for electronic interference with aircraft communications must provide project details to the County and the Port for evaluation.

(d)    Height.

(i)    Background.

(A)    Obstructions as defined by Section 77.23 of the Federal Aviation Regulations (“FAR”) may create electrical interference with navigational signals or radio communication between the airport and aircraft; make it difficult for pilots to distinguish between airport lights and others; result in glare in the eyes of pilots using the airport; impair visibility in the vicinity of the airport; create turbulence in the vicinity of the airport; create bird strike hazards; or otherwise endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.

(B)    The purpose of aeronautical review is to determine whether the proposed construction or alteration creates a hazard to air navigation, to allow the Federal Aviation Administration (“FAA”) to make recommendations to avoid or minimize new hazards to air navigation, and to allow the FAA to notify the aviation community of any project that would affect the navigable airspace (FAR 77.5).

(C)    The AEO Building Heights Restriction Contours Map shows contours that describe an imaginary plane as defined by Section 77.25 of the Federal Aviation Regulations minus the underlying ground elevations.

(D)    The AEO FAA Aeronautical Review Map shows contours that indicate when a building height triggers FAA review.

(ii)    Requirements.

(A)    Development may not impede the imaginary plane defined by Section 77.25 of Federal Aviation Regulations and generally shown as contours on the AEO Building Heights Restriction Contours Map. The Director may make a final determination regarding the applicability of the building height restriction plane.

(B)    Development that impedes the contours shown on the AEO FAA Aeronautical Review Map must submit a Notice of Proposed Construction or Alteration (FAA Form 7460-1 or its successor) to the FAA at least 45 days before the proposed start date of the proposed construction or alteration.

(4)    Port of Skagit Review. The Department must provide an opportunity for the Port of Skagit to review and comment for any application for a commercial building permit, land division, special use permit, boundary line adjustment, or variance that requires notice to the Federal Aviation Administration. This subsection gives no authority to the Port of Skagit to require changes to the application.

(5)    Required Avigation Easement and Title Notice.

(a)    The Department may not issue any permit on property other than that owned by the Port of Skagit unless the documents indicated in the table below are recorded in the chain of title for the underlying property:

(b)    The required recordings must be on forms provided by the Department.

(6)    Disclosure.

(a)    Upon transfer of real property located within the Airport Environs Overlay district, as set forth in this Section—whether by sale, exchange, gift, real estate contract, lease with an option to purchase, any other option to purchase, ground lease coupled with improvements, or any other means—the buyer must record with the County Auditor a statement containing the language set forth below in conjunction with the deed conveying the real property.

(b)    The following constitutes the disclosure required by Subsection (6)(a) of this Section:

This property may be located within the Airport Environs Overlay (AEO) Zone, which is a geographic area affected by the Skagit Regional Airport. The Skagit Regional Airport is an essential public facility as designated in the Skagit County Comprehensive Plan and provides important transportation services to the region, and it is a vital asset to facilitate economic growth in Skagit County. It is the policy of Skagit County to support the continued use of Skagit Regional Airport, including its future accommodation of both increased aircraft traffic and utilization of aircraft of the class, size and category as is now or may hereafter be operationally compatible with the Skagit Regional Airport. Reduction or curtailment of services at the Skagit Regional Airport is contrary to the public interest and the requirements of the Washington State Growth Management Act, Chapter 36.70A RCW. The Skagit Regional Airport has been operated for general aviation and commercial purposes since the 1950s. The Port of Skagit has owned and operated the Skagit Regional Airport since 1965 and asserts that it has obtained avigation easements by prescription over property surrounding the Skagit Regional Airport.

This property is located in proximity to the Skagit Regional Airport and is subject to overflight effects that may be incompatible with certain uses, such as residential occupancy. These overflight effects include, without limitation: noise, exhaust fumes, illumination, glare, smoke, vibration, and loss of quiet enjoyment due to propeller-driven and jet aircraft overflights associated with aircraft landing and taking off from the Skagit Regional Airport. There is a risk that an aircraft could accidentally crash into this property causing property damage, personal injury, and/or death to persons on this property from the impact, fire, or explosion of an aircraft. Occupants of this property should be prepared to accept such incompatibilities, inconveniences, or discomfort from airport operations.

This notice conveys actual and constructive knowledge to any person or entity acquiring, obtaining, leasing, or holding real property interest or right of occupancy in or on this property. Skagit County Code may have required, or may require in the future, as part of a development permit that the owner of this property execute a Notice Acknowledgement, a Notice Acknowledgement and Waiver, and/or an Avigation Easement. More specific information regarding airport operation and its potential impact on this property can be obtained by calling the Port of Skagit County, Skagit Regional Airport, Operations Office.

(Ord. O20250005 § 2 (Exh. A))

(1)    Purpose. This Section describes additional development standards for Guemes Island.

(2)    Applicability. This Section applies to all development within all zones on Guemes Island, and is to be applied in conjunction with the underlying zoning regulations.

(3)    Permitted Uses. Reserved.

(4)    Administrative Special Uses. Reserved.

(5)    Hearing Examiner Special Uses. Reserved.

(6)    Prohibited Uses.

(a)    Accessory dwelling units (ADUs) where the water source contains chloride levels greater than 25 ppm.

(7)    Dimensional Standards.

(a)    Setbacks.

(i)    Front Setback for Fences. Fences that are less than 50 percent opaque and more than three feet tall must be set back at least 10 feet.

(ii)    Interior Side. Each side setback must be at least eight feet.

(b)    Maximum Height.

(i)    Structures Located in a Special Flood Hazard Area. The actual height of the structure from base flood elevation may not exceed 30 feet. (Ord. O20250005 § 2 (Exh. A))

(1)    Purpose. The purpose of the Mineral Resource Overlay (MRO) is to maintain and enhance natural resource-based industries by conserving mineral resource lands, allowing continued operation of existing legally established uses, and by ensuring that use of adjacent lands does not interfere with the extraction and quarrying of minerals. An MRO overlays Natural Resource Lands (NRL) zones and imposes regulations in addition to those normally required in the underlying NRL zone. Mineral extraction and processing activities are allowed as a Hearing Examiner special use, and must comply with the Surface Mining Act, RCW Chapter 78.44. The MRO recognizes those areas that are designated to protect long-term, commercially viable mineral natural resource lands and recognizes that mineral resources must be in close and economic proximity to the market to be served.

(2)    Designation Procedure. The MRO represents those areas that are designated as Mineral Resource Overlay (MRO) on the Skagit County Comprehensive Plan Map adopted by Ordinance 16550, or as thereafter amended. Unless otherwise restricted by ordinance, new Mineral Resource Overlay areas may be designated by complying with RCW Chapter 36.70A, the Comprehensive Plan amendment procedures of the Skagit County Comprehensive Plan, and SCC Chapter 14.08.

(3)    Pre-Existing Designated and Undesignated Mining Operations.

(a)    Except as allowed in Subsection (3)(b) of this Section, or the extraction uses allowed in IF-NRL, SF-NRL, and RRc-NRL, no new mining uses may be allowed outside of the designated Mineral Resource Overlay.

(b)    Commercial mining operations lying outside of a designated MRO that are permitted and legally existing at the time of adoption of the ordinance codified in this Section may continue to operate on the permitted mining site. Expansion of the existing operations beyond the geographical and/or operational limits imposed by the existing approval is allowed, provided the owner applies for and receives a new mining special use permit issued under this Section that covers the expanded operation area. Any expansion shall not extend beyond the legal parcel on which the legally existing, permitted use is located.

(c)    Commercial mining operations lying within a designated MRO that are permitted and legally existing at the time of adoption of the ordinance codified in this Section may continue to operate on the permitted mine site. Expansion of the existing operations beyond the geographical and/or operational limits imposed by the existing approval is allowed, provided the owner applies for and receives a new mining special-use permit issued under this Section that covers the expanded operation and/or area.

(4)    Removal of Designation Status. A petitioner may seek removal of designated Mineral Resource Lands and the associated Mineral Resource Overlay on the Official Zoning Map through the Comprehensive Plan amendment process, pursuant to SCC Chapter 14.08, and by demonstrating one or more of the following:

(a)    The mineral resource is depleted to a point that it is no longer economically feasible to continue mining on the site.

(b)    New or updated geological data no longer indicates the potential for mineral resources of regional or long-term commercial significance on the site.

(c)    The Mineral Resource Overlay was designated based on a technical mapping error.

(5)    Permitted Uses. All uses permitted in the underlying zone are allowed in the MRO.

(6)    Accessory Uses. All accessory uses permitted in the underlying zone are allowed in the MRO.

(7)    Special Uses.

(a)    Any other special use permitted in the underlying zone is likewise permitted in the MRO.

(b)    The following uses are permitted as a Hearing Examiner special use in the Mineral Resource Overlay subject to the requirements of this Section and the restrictions contained in the underlying zone. Uses under this Section must comply with RCW Chapter 78.44, Surface Mining Act, RCW Chapter 90.48, the Water Pollution Control Act, and all other applicable laws and regulations.

(i)    Activities associated with mining or quarrying operations, including blasting and use of equipment in connection with an extraction operation, maintenance of mineral extraction equipment, maintenance of roads, traffic control, sorting, crushing, cleaning and loading;

(ii)    On-site processing, including asphalt or concrete batching and asphalt or concrete recycling;

(iii)    Surface or underground mining or quarrying of mineral deposits or building materials from rock, stone, gravel, sand, and earth together with associated structures and equipment; and

(iv)    Temporary dwellings for a caretaker or superintendent and their family. (Ord. O20250005 § 2 (Exh. A))

(1)    This Chapter applies to the following zones:

(a)    Aviation Related (AVR).

(b)    Aviation Related—Limited (AVR-L).

(c)    Bayview Ridge Light Industrial (BR-LI).

(d)    Bayview Ridge Heavy Industrial (BR-HI).

(e)    Bayview Ridge Residential (BR-R). (Ord. O20250005 § 2 (Exh. A))

(1)    The uses shown in the table below are allowed in the specified zones. For development standards for these uses, see the use section in SCC Chapter 14.18.

(Ord. O20250005 § 2 (Exh. A))

(Ord. O20250005 § 2 (Exh. A))

(1)    The property owner must construct streets consistent with the Urban Standards outlined in the Skagit County Road Standards.

(2)    The Director may grant an exception to the requirements for curb, gutter, and sidewalk on property if it is determined that such exception is necessary to protect wetlands and their required buffers under the County’s Critical Areas Ordinance and if, as an alternative to sidewalks along the street, the Port of Skagit County (Port) and/or landowner has constructed, or will have constructed prior to occupancy, a pedestrian trail system consistent with and augmenting the trail system adopted by the Port in Resolution No. 99-09 or the conceptual trail map adopted as part of the Bayview Ridge Subarea Plan.

(3)    Street Standards for BR-R. Additionally, a minimum four-foot planting strip and five-foot sidewalk is required on all road frontages.

(4)    Street Standards for BR-LI. New streets in BR-LI must be designed consistent with the established pattern of development for the zone. Specifically, this includes a curbless street design with swales or other approved drainage elements on one or both sides, and a paved or gravel trail on at least one side. These design elements must be constructed per the Skagit County Public Works Standards.

Figure 14.15.040-1 Streets standards in BR-LI

(5)    Special Street Standards for Retail Uses Along Peterson Road. In BR-LI, some limited retail uses are allowed along Peterson Road. Where proposed, the following street design standards apply. Street frontage trees must be deciduous, with a size at maturity not to exceed the maximum building height for the AEO safety zone.

Figure 14.15.040-2 Streets Standards for Retail Uses Along Peterson Road

(Ord. O20250005 § 2 (Exh. A))

(1)    The property owner must construct surface and stormwater management improvements as determined by the County to be consistent with the surface water management standards found in SCC Chapter 14.32, Stormwater Management. Surface and stormwater management improvements must be constructed consistent with the adopted Bay View Watershed Stormwater Management Plan Phase 1.

(2)    As a condition of development approval on the subject property, and for all property in the UGA owned by the same owner, the owner must sign an agreement not to protest a future LID or other pro rata sharing of costs to upgrade the surface water management system or install additional urban standard stormwater management improvements within 20 years, if such are determined necessary as part of surface or stormwater management standards in the Subarea Plan process for the Bayview Ridge UGA.

(a)    Credit must be provided for prior contributions and improvements already made or completed by the individual property owners (or their predecessor in interest) for the particular urban public facility or service contemplated by the Subarea Plan or LID, including, but not limited to, stormwater drainage facilities, or dedication of property for public facilities that are included in the subarea facilities plan. (Ord. O20250005 § 2 (Exh. A))

(1)    An applicant for a project permit that will require sewage disposal must extend or connect to the public sewer system to serve the development, unless the exception in Subsection (2) of this Section applies. The public sewer system extension or connection must be in accordance with the City of Burlington’s design and construction standards. The owner must submit a letter of sewer availability from the City of Burlington prior to development application and must connect to the existing sewer line prior to final approval.

(2)    Exception. A property owner applying for a project permit that is not associated with a new land division for a single-family dwelling unit or residential accessory use on property that is greater than 200 feet from a City of Burlington sewer line is not required to hook up to the public sewer system; provided, the owner must record an agreement, referred to as an “agreement to connect,” with the Skagit County Auditor. Such agreement must be a covenant that runs with the land and is binding upon the owner and successors in interest of the property. The agreement must provide that the structure served by the on-site sewage system must be connected to the public sewer at such time as the public sewer is available. Public sewer service is considered available when the sewer line is within 200 feet of the residential structure, as measured along the usual or most economically feasible route of access. Such agreement must require payment of all connection charges applicable at the time of actual connection to the public sewage system.

(3)    Existing On-Site Systems. If an existing on-site system requires repair, modification, or replacement, the owner must connect to the public sewer system unless the exception in Subsection (2) of this Section applies. (Ord. O20250005 § 2 (Exh. A))

An applicant for a project permit must submit a letter of water availability for the proposed use from Skagit PUD No. 1 and connect to the PUD No. 1 water system. Fire flow requirements are as specified in the Skagit County Coordinated Water System Plan. (Ord. O20250005 § 2 (Exh. A))

(1)    This Section applies to all subdivisions within the Bayview Ridge UGA.

(2)    Landscaping. At a minimum, subdivisions must meet the requirements of SCC Chapter 14.25, except that all street frontage trees must be deciduous, with a size at maturity not to exceed the maximum building height for the AEO safety zone.

(3)    Connectivity Analysis. Roads and sidewalks must connect or stub out to surrounding streets, sidewalks, or paths or undeveloped property based on an analysis of logical connections. (Ord. O20250005 § 2 (Exh. A))

(1)    Purpose. The purpose of the Aviation Related district is to provide a place for regional airfields and uses which require proximity and access to an established airfield. Land designated as AVR should be located adjacent and accessible to airport terminals, hangar areas, taxiways, and related facilities. Federal Aviation Administration regulations and the applicable Airport Master Plan for the airport facility under review further restrict building and site development within the AVR zone.

(2)    Allowed Uses. In addition to the uses in SCC 14.15.020, the following uses are allowed in this zone:

(a)    Permitted Uses.

(i)    All uses permitted in the BR-LI zone.

(ii)    Air charter services.

(iii)    Aircraft fueling.

(iv)    Aircraft maintenance and repair.

(v)    Aircraft parking and hangars.

(vi)    Aircraft-related manufacturing.

(vii)    Aircraft sales and sales of aircraft parts.

(viii)    Airport including terminal facilities.

(ix)    Aviation schools.

(x)    Regional airfields.

(xi)    Uses that require or utilize aviation access and those that serve the aviation industry and/or air passengers.

(xii)    Uses accessory or related to aviation, such as aviation-related navigation aids.

(xiii)    Uses permitted in the BR-LI zone.

(xiv)    Vehicle rental.

(xv)    Warehousing for airport users.

(3)    Additional Requirements.

(a)    All improvements must conform to applicable Federal regulations concerning dimensional restriction on air operations including height restrictions and required setbacks from air operations areas. (Ord. O20250005 § 2 (Exh. A))

(1)    Purpose. Because almost all of this zone is constrained by wetlands and limited by the Countywide Planning Policies allocation of commercial-industrial acreage to the Bayview Ridge Subarea, the purpose of this zone is to allow a maximum of 20 acres of light industrial or commercial development, and otherwise allow only those uses essential for support of the Skagit Regional Airport.

(2)    Allowed Uses.

(a)    All of the uses permitted in the BR-LI zone are allowed in the AVR-L zone, subject to the same level of review required in the BR-LI zone, but limited to a total of 20 acres within the entire zone.

(b)    The following uses are not subject to the 20-acre limitation in Subsection (2)(a) of this Section:

(i)    Permitted Uses.

(A)    Aviation-related navigation aids;

(B)    Habitat enhancement/restoration project;

(C)    Drainage maintenance;

(D)    Repair, replacement and maintenance of water lines with an inside diameter of 12 inches or less;

(E)    Trails;

(F)    Trailheads, primary and secondary;

(G)    Temporary events.

(ii)    Administrative Special Uses.

(A)    Minor utility development;

(B)    Outdoor storage 1;

(C)    Outdoor storage 2.

(iii)    Hearing Examiner Special Uses.

(A)    Outdoor storage 3;

(B)    Outdoor storage 4.

(3)    Dimensional Standards.

(a)    All uses in this zone are subject to the same dimensional standards as in the BR-LI zone.

(4)    Additional Requirements.

(a)    Landscaping must be provided as required by SCC Chapter 14.25.

(b)    All improvements must conform to applicable Federal regulations concerning dimensional restriction on air operations including height restrictions and required setbacks from air operations areas.

(c)    The requirements for buffering between Industrial and Residential zoned land for BR-LI are also required in this zone. The measures in SCC 14.15.300(5) also apply to industrial or commercial uses in AVR-L. (Ord. O20250005 § 2 (Exh. A))

(1)    Purpose. The purpose of the Bayview Ridge Light Industrial zone is to allow light manufacturing, limited commercial uses, offices associated with permitted uses identified below, wholesale, warehousing, distribution and storage, equipment storage and repair, uses requiring rail access, more direct access to SR 20 and/or access to high-capacity utilities such as fiber optics, high voltage electric lines and gas lines, and other uses compatible with a light manufacturing district.

(2)    Allowed Uses. In addition to the uses in SCC 14.15.020, the following uses are allowed in this zone:

(a)    Permitted Uses.

(i)    Agricultural and food processing, storage and transportation.

(ii)    Agricultural uses, on an interim basis until industrial development; residences are not allowed as an accessory use in conjunction with agriculture.

(iii)    Bulk commodity storage and rail/truck transshipment terminals.

(iv)    Cold storage facilities.

(v)    Commercial uses, including offices associated with permitted uses, but excluding principally retail uses such as the sales of goods or services. Incidental retail sales of consumer goods and services are permitted as accessory uses under Subsection (2)(c) of this Section. No large-scale retail centers such as department stores, malls, shopping centers, and other similar facilities commonly referred to as “big box” retail establishments.

(vi)    Construction contractors, contractors’ services, utility services (equipment and supply yards for contractors and utility providers), and building services (cleaning, maintenance, security, landscaping, etc.).

(vii)    Lumber yards.

(viii)    Manufacture, processing, treatment, storage, blending, fabrication, development, assembly or packaging of any product from natural or synthetic materials.

(ix)    Parks, courtyards, plazas, and public spaces.

(x)    Printing, publishing, and broadcasting.

(xi)    Rail terminals and intermodal truck/rail storage and shipping facilities.

(xii)    Repair, sales, rental, and storage facilities for equipment, including heavy equipment, farm equipment, marine equipment, boats, airplanes, trucks, and recreational vehicles.

(xiii)    Research, development and testing facilities.

(xiv)    Retail and wholesale nurseries/greenhouses.

(xv)    Security services and armored car depots and services.

(xvi)    Telephone and internet call centers and server farms; web hosting facilities and other communication centers.

(xvii)    Vocational educational and training centers.

(xviii)    Warehousing, distribution and storage facilities.

(xix)    Wholesale businesses. Incidental retail trade may be permitted as accessory uses.

(b)    Permitted uses, only when they abut Peterson Road:

(i)    Retail food markets and convenience stores, including farmers markets, with a maximum building footprint of 15,000 square feet.

(ii)    Small retail businesses, including eating and drinking establishments, with a maximum building footprint of 5,000 square feet.

(iii)    Car washes.

(iv)    Vehicle repair garages.

(c)    Accessory Uses.

(i)    Day care centers primarily serving employees and residents located in the Bayview Ridge Subarea.

(ii)    Electrical generating facilities producing less than 50 megawatts of electricity and electrical substations and gasworks serving permitted, accessory, administrative, or special uses.

(iii)    Incidental retail sales of products manufactured, processed, distributed, produced, or assembled on site; provided, that the floor area allocated to retail sales of products distributed on site must not be greater than 10 percent of the gross floor area of the building occupied by the distribution facility and in no event may said retail sale area be greater than 2,000 square feet of gross floor area.

(iv)    Recreational facilities primarily serving facilities and employees located in the Bayview Ridge Subarea.

(v)    Agricultural slaughtering facilities; provided, that the portion of the premises dedicated to slaughtering is (A) entirely enclosed within the interior of the facility, and (B) occupies less than 5,000 square feet of the total processing facility.

(d)    Hearing Examiner Special Uses.

(i)    On-site hazardous waste treatment and storage facilities that are an accessory use to an otherwise permitted use on the site, provided such facilities comply with the State Hazardous Waste Siting Standards and County and State Environmental Policy Act requirements and the Clean Water Act. No treatment or storage of hazardous materials is permitted within 500 feet of the nearest residence.

(3)    Dimensional Standards.

(a)    Setbacks.

(i)    Interior side: 50 feet, except zero if adjacent to other commercial/industrial zoning.

(ii)    Rear: 50 feet, except zero if adjacent to other commercial/industrial zoning.

(b)    Maximum building height: 50 feet, except 35 feet for those portions of a building located within 100 feet of a residential zone.

(4)    Additional Requirements.

(a)    Type V landscaping per SCC Chapter 14.25 is required between BR-LI and residential zones.

(5)    Buffering Between Industrial and Residential Zoned Land. The following measures are intended to minimize impacts from noise, vibration, dust, other industrial impacts, and to maintain privacy and aesthetic compatibility:

(a)    Loading Areas. Truck loading operations and maneuvering areas may not be located within 250 feet of areas zoned for residential use, unless the loading and maneuvering area is located on the opposite side of a building from a residential zone.

(b)    Within 250 feet of a residential zone, all outdoor lighting must be full cutoff.

(c)    Within 100 feet of a residential zone, mechanical equipment located on the roof, facade, or external portion of a building must be architecturally screened by incorporating the equipment in the building and/or site design so as not to be visible from adjacent residential zones or public streets.

(d)    Equipment or vents that generate noise or air emissions must be located to minimize impacts on adjoining residentially zoned properties. (Ord. O20250005 § 2 (Exh. A))

(1)    Purpose. The purpose of the Bayview Ridge Heavy Industrial zone is to allow for industrial developments that have the potential for more than a minimal level of disturbance to adjacent properties.

(2)    Allowed Uses. In addition to the uses in SCC 14.15.020, the following uses are allowed in this zone:

(a)    Permitted Uses.

(i)    Fabrication of resource-related items.

(ii)    Fertilizer manufacturing.

(iii)    Manufacturing wood containers and products.

(iv)    Production, repair and servicing of specialized tools and equipment.

(v)    Agricultural uses, on an interim basis until industrial development except that residences may not be allowed as an accessory use in conjunction with agriculture.

(vi)    Automobile wrecking; provided, that landscaping is installed per SCC Chapter 14.25. If none applies pursuant to a zoning designation, Type I landscaping must be required.

(vii)    Bulk commodity storage and rail/truck trans-shipment terminals.

(viii)    Cold storage facilities.

(ix)    Communication utilities offices.

(x)    Construction contractors, contractors’ services, utility services (equipment and supply yards for contractors and utility providers), and building services (cleaning, maintenance, security, landscaping, etc.).

(xi)    Eating and drinking establishments.

(xii)    Lumber yards.

(xiii)    Manufacture, processing, treatment, storage, fabrication, assembly or packaging of any product from natural or synthetic materials.

(xiv)    Rail terminals and intermodal truck/rail storage and shipping facilities.

(xv)    Repair and storage facilities for equipment, including heavy equipment, farm equipment, marine equipment, boats, airplanes, automobiles, trucks, and recreational vehicles.

(xvi)    Research, development and testing facilities.

(xvii)    Sale, rental and repair of new and used industrial and farm machinery and equipment.

(xviii)    Security services/armored car depots and services.

(xix)    Utility services offices.

(xx)    Vocational educational and training facilities.

(xxi)    Warehousing, distribution and storage facilities.

(xxii)    Wholesale businesses.

(b)    Accessory Uses.

(i)    Electrical generating plants producing less than 50 megawatts of electricity and electrical substations and gasworks.

(ii)    Incidental retail sales of products manufactured, processed, distributed, produced, or assembled on site; provided, that the building area allocated to retail sales of products distributed on site must not be greater than 10 percent of the gross floor area of the building occupied by the distribution facility and in no event may said retail sale area be greater than 2,000 square feet of gross floor area.

(iii)    Offices.

(iv)    Recreational facilities primarily serving facilities and employees in the Bayview Ridge Subarea.

(c)    Administrative Special Uses. Reserved.

(d)    Hearing Examiner Special Uses.

(i)    Adult entertainment.

(ii)    On-site hazardous waste treatment and storage facilities that are an accessory use to an otherwise permitted use on the site, provided such facilities are greater than 500 feet from the nearest residence and comply with the State Hazardous Waste Siting Standards and County and State Environmental Policy Act requirements and the Clean Water Act.

(e)    The following additional Hearing Examiner special uses are allowed if the Hearing Examiner finds that the proposed special use on-site operations do not pose any demonstrable threat of contamination to adjacent Ag-NRL designated lands; that all other applicable local, State and Federal regulations regarding environmental disturbance are met; and that permanent land disposal of hazardous waste, oil refinery, mineral smelting and other similar operations are not allowed.

(i)    Hazardous waste treatment and storage facilities that are a principal use of the property if such facilities comply with the State Hazardous Waste Siting standards and County and State Environmental Policy Act and Clean Water Act requirements. No treatment or storage of hazardous materials is permitted within 500 feet of the nearest residence.

(ii)    Solid waste processing, recycling, and transfer facilities.

(3)    Dimensional Standards.

(a)    Setbacks.

(i)    Interior side: 50 feet, except zero if adjacent to other commercial/industrial zoning.

(ii)    Rear: 50 feet, except zero if adjacent to other commercial/industrial zoning.

(4)    Additional Requirements.

(a)    Landscaping must be provided as required by SCC Chapter 14.25.

(b)    All improvements must conform to applicable Federal regulations concerning dimensional restriction on air operations including height restrictions and required setbacks from air operations areas. (Ord. O20250005 § 2 (Exh. A))

(1)    Purpose. The purpose of this district is to maintain an urban residential community that continues to reflect a high quality of life and to implement the Subarea Plan policies.

(2)    Allowed Uses. In addition to the uses in SCC 14.15.020, the following uses are allowed in this zone:

(a)    Permitted Uses.

(i)    Agricultural uses, on an interim basis until residential development.

(ii)    Multifamily dwellings, including apartments, condominiums, duplexes, and townhouses.

(3)    Dimensional Standards.

(a)    Setbacks.

(i)    Primary structure.

(A)    Front:

(B)    Setback for Attached Garages. New garages must be set back from house front a minimum of five feet unless the garage door opening is located to the side or rear of the structure, or alley-loaded.

(C)    Interior side: 15 feet total, minimum of five feet on each side.

(ii)    Accessory Structure.

(A)    Interior side: five feet, but a three-foot setback is permitted from the side and rear lot lines when the accessory building is a minimum of 75 feet from the front property line or when there is an alley along the rear property line, providing that the structure is 1,000 square feet or less in size and 16 feet or less in height. A side setback of 20 feet is required for all accessory buildings when the side property line is adjacent to a street right-of-way.

(B)    Rear: 20 feet, but a three-foot setback is permitted from the side and rear lot lines when the accessory building is a minimum of 75 feet from the front property line or when there is an alley along the rear property line, providing that the structure is 1,000 square feet or less in size and 16 feet or less in height.

(b)    Density.

(i)    Construction of a single-family dwelling on an existing legal lot is allowed with no minimum density.

(ii)    Land divisions must achieve a net density (excluding rights-of-way, trails, and parks) of at least four and no more than six units per acre, except as constrained by the Airport Environs Overlay zone.

(4)    Manufactured Housing in BR-R Zone. Manufactured housing units in the BR-R zone, that are not located within a sales lot, must meet the following requirements:

(a)    Be constructed after June 15, 1976, in accordance with State and Federal requirements for manufactured homes;

(b)    Have at least two fully enclosed parallel sections each of not less than 12 feet wide by 36 feet long;

(c)    Be originally constructed with, and currently possess, a composition or wood shake or shingle, coated metal, or similar roof of nominal 3:12 pitch;

(d)    Have exterior siding similar in appearance to siding materials commonly used on conventional site-built single-family residences;

(e)    Be set upon a permanent foundation, as specified by the manufacturer, and the space from the bottom of the home to the ground must be enclosed by concrete or an approved concrete product which can be either load-bearing or decorative; and

(f)    Be thermally equivalent to the State Energy Code. (Ord. O20250005 § 2 (Exh. A))

(1)    This Chapter applies to the following zones:

(a)    Anacortes UGA Urban Development district (A-UD);

(b)    Burlington UGA Urban Development district (B-UD);

(c)    La Conner UGA Urban Development district (LC-UD);

(d)    Hamilton Urban Reserve (H-URv);

(e)    Mount Vernon UGA Urban Development district (MV-UD);

(f)    Swinomish UGA Residential district (R);

(g)    Urban Reserve Commercial—Industrial (URC-I);

(h)    Urban Reserve Public—Open Space (URP-OS);

(i)    Urban Reserve Residential (URR).

(Ord. O20250005 § 2 (Exh. A))

(1)    The uses shown in the table below are allowed in the specified zones. For development standards for these uses, see the use section in SCC Chapter 14.18.