Chapter 19.45
SUPPLEMENTAL DEVELOPMENT STANDARDS
Sections:
19.45.020 Special height restrictions.
19.45.030 Obstructions – Generally prohibited.
19.45.070 Design review guidelines.
19.45.090 Recreational vehicle parks.
19.45.100 Accessory dwelling units.
19.45.110 Development and permit requirements for mobile food vans and espresso stands.
19.45.115 Medical marijuana collective gardens.
19.45.010 Preexisting lots.
Any lot of any size can be used for a building site, subject to the regulations governing the use district in which it is located, if it was officially recorded in town or county offices as a single lot prior to the adoption of the ordinance codified in this title, provided it has 30-foot frontage on a public street or access to a public street by a 20-foot-wide private lane. Once vacant adjacent substandard lots are considered in common ownership, they cannot revert to original lots of substandard size. [Ord. 426 § 10.45.010, 1998]
19.45.020 Special height restrictions.
(1) There shall not be anything constructed or reconstructed, and no obstruction permitted to grow, other than a post, column or tree not exceeding one foot square or one foot in diameter, between a height three feet and 10 feet above the established grade within the triangular areas described below, without the express approval of the town engineer:
(a) The triangular area formed by a line 20 feet along the right-of-way lines of two intersecting streets, measured from the point of intersection of the right-of-way lines, and the line connecting the two ends of the two 20-foot lines;
(b) The triangular area formed by a line 15 feet along the street right-of-way line measured from the point of intersection of the alley right-of-way line and a line 15 feet along the alley right-of-way line measured from the point of intersection of the street and alley right-of-way lines and the line connecting the unconnected ends of the two lines.
(2) In general, no fence, hedge, structure or other obstruction shall act as a sight hazard to traffic, and the town engineer may order the removal of such hazard whether or not such object otherwise complies with the provisions of this title. [Ord. 426 § 10.45.020, 1998]
19.45.030 Obstructions – Generally prohibited.
(1) In no case shall any fence and/or hedge be constructed or grown, within a distance of three feet, around any fire hydrant; as well as no fence or hedge shall deter or hinder the fire department from gaining access to any fire department connection, fire protection control valve, fire hydrant, or fire department appliance or device.
(2) In no case shall any fence and/or hedge obstruct the visibility of any fire hydrant from a distance of 150 feet, in any direction, of vehicular approach to the hydrant.
(3) In no case shall any fence and/or hedge be constructed or grown in a manner which interferes with access to storm or sanitary sewer manholes and other appurtenances which require access for maintenance purposes. [Ord. 426 § 10.45.030, 1998]
19.45.040 Marquees.
In the business, commercial and industrial districts, the projection of marquees to the property line shall not be considered a violation of the building setback requirements. Marquees must conform to the construction requirements as set forth in the building code. [Ord. 426 § 10.45.040, 1998]
19.45.050 Fences.
(1) Fences providing a maximum six-foot sight obstruction from adjacent properties can be built on the side rear property lines and across the front of the property in line with the front of a building but not closer than 20 feet to the street right-of-way. Corner lots must observe the 20-foot setback on both streets. From the 20-foot line to the street right-of-way, solid fences a maximum of three feet high, measured from the ground on which the fence stands, are permitted and open rail fences a maximum of four feet, six inches high, measured from the ground on which the fence stands, are permitted in which the rails and posts constitute not more than one-third of the fence area.
(2) Electric fences are permitted in the R-A district by conditional use on approval only. [Ord. 426 § 10.45.050, 1998]
19.45.060 Yards.
(1) The following may project into required yards:
(a) Fireplace structures, bay windows, garden windows, enclosed stair landings, closets, framed fireplace shafts or similar projections not wider than eight feet measured in the general direction of the wall of which it is a part: 18 inches into any yard;
(b) Uncovered porches and platforms which do not extend above the floor level of the first floor: 18 inches into side yards and six feet into the front yard and rear yard, provided they may extend three feet into the side yard when they do not exceed 18 inches in height above the finished grade;
(c) Planting boxes or masonry planters not exceeding 42 inches in height may intrude into any required front yard;
(d) Eaves shall not protrude more than 24 inches into any minimum required yard.
(2) Special Front Yard Depth. If buildings occupy 50 percent or more of the frontage in any block, and are on one side of the street, then the depth of the front yard required by this title shall be disregarded on that side of the street in such block, and in lieu thereof the depth of front yard required on each lot therein shall be not less than average depth of the front yards. This shall apply to residentially zoned property only. [Ord. 426 § 10.45.060, 1998]
19.45.070 Design review guidelines.
The planning director, in consultation with the town council, shall adopt design review guidelines consistent with the comprehensive plan and other adopted town policies by administrative rule, which shall provide supplementary review criteria for land use decisions, no later than six months following the effective date of this title. [Ord. 426 § 10.45.070, 1998]
19.45.080 Home occupations.
(1) General. A “home-based business” means a lawful occupation carried on entirely within a residence as a clearly secondary use involving the occupant(s) and conducted in such a manner as to not manifest any outward appearance or characteristic of a business in the ordinary meaning of the term.
(2) Intent. It is the intent of this section to recognize the needs of citizens who are engaged in small-scale business ventures which could not be sustained if it were necessary to rent or lease commercial space, or which, in the nature of the home-based business, cannot be expanded to full-scale enterprise.
(3) Application. Home-based businesses are required to have a business license issued by the town clerk-treasurer, comply with all state, county, and federal laws and town ordinances. The license shall not be transferred, nor shall it be valid at any address other than the one appearing on the license. (Any home-based business dealing with used merchandise is advised to additionally obtain a second-hand license from the town clerk-treasurer for the owner’s protection from any potential liability for any items of undetermined origin. See Chapter 19.60 RCW and Chapter 5.08 CMC.)
(4) The use of the dwelling unit for a home-based business shall be clearly incidental and subordinate to its use for residential purposes.
(5) The home-based business shall be fully enclosed within the primary residential structure or its accessory building(s).
(6) No persons other than the current residents of the structure and one nonresident employee at any one time may be employed in the home-based business.
(7) There shall be no exterior window displays, storage of materials, or sample commodities displayed outside of the premises that take away from the residential nature of the neighborhood.
(8) No equipment or process shall be used in such home-based business which creates noise, vibration, glare, smoke, dust, fumes, odors, heat or electrical interference with any radio or television receivers, or causes fluctuation in line voltage off the premises which would exceed that normally produced by a single-family residence.
(9) No parking shall be allowed beyond that normal to a residential area and no excessive vehicular or pedestrian traffic shall be present as a result of the home-based business.
(10) Signs may be placed within the residential property operating a home-based business, informing others of the business, if no larger than two square feet and unlighted.
(11) Some examples of home-based businesses include, but are not necessarily limited to, the following:
(a) Dressmaking, seamstresses, upholstery, tailors;
(b) Artists and sculptors;
(c) Authors and composers;
(d) Resident owned and operated beauty and/or barbershop;
(e) Home crafts, such as model-making, rug weaving, lapidary work and cabinet making;
(f) Office facility of a salesperson, sales representative, or manufacturer’s representative;
(g) Office facility of an accountant, tax preparer or investment counselor;
(h) Repair shop for household items;
(i) Telephone answering or soliciting;
(j) Computer programming and small scale repair;
(k) Internet auctions;
(l) Home cooking and preserving;
(m) Musical instruction;
(n) Child care;
(o) Other similar uses may be permitted which the planning director finds compatible with the purpose and intent of this section.
(12) The following uses are deemed to be prohibited home-based businesses without the issuance of a conditional use permit from the town council:
(a) Clinics and hospitals;
(b) Mortuaries or funeral homes;
(c) Commercial print shops;
(d) Rental of trailers;
(e) Restaurants and cafes;
(f) Stables and kennels;
(g) Commercial vehicle repair, paint and body or detailing shops;
(h) Outdoor storage of building or construction materials not intended for immediate use in or on the premises;
(i) Uses involving the handling, treatment or storage of hazardous waste, as defined in RCW 70.105.010; and
(j) All other uses, which do not comply with the intent of subsection (2) of this section.
(13) For the purpose of this section, garage and yard sales shall not be considered a home-based business, so long as the sale involves only the sale of noncommercial items and the sale does not continue for more than four consecutive days in any calendar month and it is not in violation of any other provisions of the Concrete Municipal Code.
(14) Decisions of the town planner may be appealed to the town council. [Ord. 475 §§ 1 – 12, 2002; Ord. 426 § 10.45.080, 1998]
19.45.090 Recreational vehicle parks.
(1) Purpose. The purpose of this section shall be to ensure that recreational vehicle parks are located, developed and occupied in accordance with standards and regulations which will protect the health, safety, general welfare and convenience of the occupants of such parks and the citizens of the town of Concrete.
(2) General Requirements.
(a) No recreational vehicle shall be occupied overnight unless the same is parked inside an approved recreational vehicle park or has an approved town of Concrete RV temporary visitor permit for locations outside of approved recreational vehicle parks.
(b) No recreational vehicle within a recreational vehicle park shall be occupied for commercial purposes.
(c) No recreational vehicle or site within a recreational vehicle park shall be occupied by more than six persons.
(d) No recreational vehicle, except for the on-site manager’s, shall be used as a permanent place of abode, or dwelling, for indefinite periods of time. No recreational vehicle shall remain in the park for more than 14 days in any 60-day period, unless the town council approves an extended stay permit. Any action toward removal of wheels of a recreational vehicle, except for temporary purposes of repair, or placement of an on-site manager’s unit or a restroom unit on a foundation is hereby prohibited.
(e) No external appurtenances, such as carports, cabanas or patios, may be attached to any recreational vehicle while it is in a park.
(f) No space within a recreational vehicle park shall be rented for any purpose other than those expressly allowed by this section.
(g) No person, company or corporation shall establish or modify a recreational vehicle park without first complying with the provisions of this section.
(3) Criteria for Locating a Recreational Vehicle Park. Recreational vehicle parks may only be established on property within the town of Concrete which meets the following criteria:
(a) Recreational vehicle parks are allowed in the CL commercial/light industry and P public lands zoning district.
(b) The minimum site area of a park shall be two acres.
(c) After development, the conditions of the soil, groundwater level, drainage, and topography shall not create hazards to the property or to the health or safety of the occupants.
(d) Property under the jurisdiction of the Shoreline Management Act shall be excluded from development of recreational vehicle parks if it is designated as being in the natural environment.
(e) Parks shall be located with direct access to an arterial or collector street or a state highway and with appropriate frontage thereon to permit appropriate design of entrances and exits. No entrance or exit from a park shall be permitted through a residential district, nor require movement of traffic from the park through a residential district.
(4) Conditional Use Permit Required. A recreational vehicle park shall be allowed only upon the issuance of a conditional use permit (CMC 19.68.130) by the town council. The owner, operator and occupants of a recreational vehicle park shall develop and use the park in strict compliance with the conditions imposed by the permit. The town shall maintain continuing jurisdiction for the review and enforcement of said conditions.
(5) Health Department Approval Required. Prior to occupancy of a recreational vehicle park, the owner shall obtain all required permit(s) from the Skagit County health department and comply with all rules, regulations and requirements of said department. Said permit must be kept current at all times, subject to the park being closed. The rules, regulations and requirements of the health department shall be construed as being supplements to the provisions of this section.
(6) Final Site Plan. A site plan shall be submitted with all applications for a recreational vehicle park. Said site plan shall be subject to review, modification, approval or denial by the town council. An approved final site plan shall constitute an integral part of the permit for the recreational vehicle park, and shall be binding upon the owner of the property, its successors and assigns. All development within the recreational vehicle park shall be consistent with the final site plan. Such plans may be modified or amended at the request of an owner upon receiving administrative approval by the town planner; provided, that if said modification or amendment affects the external impacts of the recreational vehicle park, or is determined by the town planner to be substantial in nature, then such modification or amendment shall be resubmitted to the town council as a conditional use permit application/amendment pursuant to CMC 19.68.130(4)(b).
(7) Completion Prior to Occupancy – Phasing. All required site improvements and other conditions of the permit and final site plan shall be met prior to occupancy of any site by a recreational vehicle; provided, that completion may be accomplished by phases if such phases are identified and approved in the conditional use permit.
(8) Design Standards. The purpose of this subsection is to establish minimum design standards for recreational vehicle parks.
(a) Density. The number of recreational vehicles permitted in a park shall not exceed a density of 20 units per gross acre. The town council may limit density further to ensure compatibility with the surrounding areas.
(b) Space Size and Design. Each individual recreational vehicle site shall be not less than 800 square feet in size and shall not include any common areas, roadways, walkways, or landscape areas. Spaces may include (i) pull-through spaces (20 feet in width and 60 feet in length) and (ii) back-in spaces (20 feet in width and 40 feet in length). Tent areas may be provided in addition to the recreational vehicle spaces.
(c) Access Points. Entrances and exits to the park shall be designed for safe and convenient movement of traffic into and out of the park and to minimize friction with free movement of traffic on adjacent streets. All traffic into and out of the park shall be through such entrances and exits. No entrance or exit shall require a turn at an acute angle for vehicles moving in the direction intended, and radii of curbs and pavements at intersections shall be such as to facilitate easy turning movements for vehicles with trailers attached.
(d) Parking. At least one parking space shall be provided on each site including tent sites. At least one parking space for each 20 sites shall be provided for visitor parking in the park.
(e) Internal Park Roads. All internal park roads shall be privately owned and maintained. They shall be constructed to all-weather standards, as approved by the city engineer and public works director. Park roads shall have a minimum improved width as follows:
(i) One-way road, no parking, 15 feet;
(ii) Two-way road, 20 feet;
(iii) Where on-street parking may be allowed, add eight feet of width for each side of the street where parking is proposed.
(f) Open Space/Recreational Facilities. A minimum of 20 percent of the site shall be set aside and maintained as open space for the recreational use of park occupants. Such space and location shall be accessible and usable by all residents of the park for passive or active recreation. Parking spaces, driveways, access streets, and storage areas are not considered to be usable open space. The 20 percent requirement may be reduced if substantial and appropriate recreational facilities (such as recreational buildings, swimming pool or tennis courts) are provided.
(g) Setbacks. No recreational vehicle site shall be closer than 35 feet from any exterior park property line abutting upon an arterial or collector street, state highway, shoreline, or residential zone, or 10 feet from any other exterior park property line. Permanent structures within a park shall have minimum front and rear yards of 20 feet each, and minimum side yards of 10 feet each.
(h) Landscaping/Screening.
(i) The park shall provide visual screening and landscaping as required in perimeter setback areas and open space. Landscaping may consist of suitable groundcover, shrubs and trees; provided, that they are installed prior to the first occupancy of the park and are of such species and size as would normally fulfill a screening function within five years of being planted. Site development shall be sensitive to the preservation of existing vegetation;
(ii) The minimum width for perimeter landscaping and screening shall be 10 feet for all exterior park property lines. It shall be designed and maintained to be aesthetically pleasing, and functional for site screening and noise buffering;
(iii) Where needed to enhance aesthetics or to ensure public safety, recreational vehicle parks shall be enclosed by a fence, wall, earth mound or by other designs which will complement the landscape and assure compatibility with the adjacent environment;
(iv) All trees, flowers, lawns and other landscaping features shall be maintained by the park management in a healthy growing condition at all times.
(i) Signs. Signs and advertising devices shall be prohibited in recreational vehicle parks except:
(i) If the park is visible from Highway 20, one on-site identification sign complying with the standards of Chapter 19.63 CMC;
(ii) One identifying sign at each entrance of the park which may be indirectly lit but not flashing. Said sign shall comply with Chapter 19.63 CMC;
(iii) Directional and information signs for the convenience of occupants of the park.
(j) Utilities. Electricity shall be provided to each recreational vehicle site and include 20, 30 and 50 amperages. All utility lines in the park shall be underground and shall be approved by the agency or jurisdiction providing the service.
(k) Storm Drainage. Storm drainage control facilities shall be subject to approval by the city engineer and shall comply with the city’s storm sewer code.
(l) Public Facilities. Recreational vehicle parks shall provide the following public facilities in such quantity, size and location as is approved by the town council in approving the conditional use permit:
(i) A water distribution system to all spaces connected to the city’s water utility;
(ii) A water station for filling recreational vehicle water storage tanks;
(iii) A sanitary waste station for emptying sewage holding tanks of recreational vehicles;
(iv) Refuse containers for solid waste in adequate quantity provided by the town’s solid waste collector. Park garbage shall be picked up daily by park personnel, who shall also maintain the path free of any uncontrolled garbage.
(v) Restroom Facilities. Restroom facilities containing showers and toilets, when provided in the park, shall connect to the town’s sewer utility. The minimum number of facilities provided shall be one commode and one shower for each 20 recreational vehicle sites.
Management headquarters (which may include a recreational vehicle), recreational facilities, restrooms, dumping stations, showers, coin-operated laundry facilities, and other uses and structures customarily incidental to operation of a recreational vehicle park are permitted as accessory uses to the park.
(9) Park Administration.
(a) The owner of a recreational vehicle park shall be responsible for the development and maintenance of the park in strict conformity with the site plan and the conditional use permit, and all applicable laws and town ordinances. Each park shall have an on-site manager available 24 hours per day, seven days per week.
(b) A written management plan shall be submitted for approval as a part of the conditional use permit process. It shall include, at a minimum, the proposed management structure, proposed park rules and regulations, and proposed methods to enforce occupancy limitations and other requirements of this section.
(10) Park Maintenance and Storage. Each RV park shall at all times keep a neat appearance. Except for the allowed vehicles, there shall be no outside storage of materials or equipment belonging to the park or to any of the guests. [Ord. 630 § 1, 2008]
19.45.100 Accessory dwelling units.
(1) In the R – Residential land use district in which an accessory dwelling to a single-family use is listed as a permitted use, the following standards and regulations shall apply to all proposed accessory dwelling units:
(a) An accessory dwelling unit may be established in an existing single-family dwelling unit or in a detached structure on a legal building lot by any one or by a combination of the following methods:
(i) Alteration of interior space of the dwelling; or
(ii) Conversion of an attic, basement, attached or detached garage, or other previously uninhabited portion of a dwelling; or
(iii) Addition of attached living area onto an existing dwelling; or
(iv) Construction of a detached living area.
(b) Each single-family dwelling on a legal building lot shall have only one accessory dwelling unit and meet the following standards and limitations:
(i) The floor area of the accessory dwelling unit shall not exceed 10 percent of the lot area.
(ii) The floor area of the accessory dwelling unit shall not exceed the maximum size of 600 square feet.
(iii) Accessory dwelling units shall be limited to one-bedroom units.
(c) One of the dwellings shall be occupied by one or more owners of the property as the owner’s permanent and principal residence. Owners shall include title holders and contract purchasers. The owner shall file a certification of owner-occupancy with the building department prior to the issuance of the building permit to establish an accessory dwelling unit.
(d) One additional off-street parking space shall be provided for the accessory dwelling unit. When the property abuts an alley, the off-street parking space for the accessory dwelling unit shall gain access from the alley, unless topography makes such access impossible.
(e) The single-family appearance and character of the dwelling shall be maintained when viewed from the surrounding neighborhood. Only one entrance to the residential structure may be located on any street side of the structure; provided, that this limitation shall not affect the eligibility of a residential structure, which has more than one entrance on the front or street side on the effective date of the ordinance codified in this chapter.
(f) Generally, only one electric, one gas, and one water meter will be allowed for the entire building, serving both the principal and accessory dwelling unit. However, additional meters to monitor the accessory dwelling unit may be allowed, provided they are not visible from any street side or are required if the accessory dwelling unit is detached. In the event a detached accessory dwelling unit permit is revoked by the town, expires or is terminated at the request of the property owner, the water meter shall be removed by the town and the sewer line capped at the expense of the property owner.
(g) The accessory and principal dwelling unit shall comply with all applicable requirements of CMC Title 15, Buildings and Construction, and this title, as adopted or amended by the town.
(h) A permit for an accessory dwelling unit shall not be transferable to any lot other than the lot described in the application.
(i) In addition to the conditions which may be imposed by the town under subsection (1)(g) of this section, all accessory dwelling units shall also be subject to the condition that such a permit shall automatically be revoked and/or expire whenever:
(i) The accessory dwelling unit is substantially altered and is thus no longer in conformance with the plans approved by the town council and building official; or
(ii) The subject lot ceases to maintain at least three off-street parking spaces; or
(iii) The single-family residence, accessory dwelling unit and property are not maintained at a level consistent with the majority of properties in the neighborhood; or
(iv) The single-family residence, accessory dwelling unit and property create a nuisance and become a detriment to the single-family appearance and character of the neighborhood; or
(v) The owner does not occupy one of the dwelling units as their permanent and principal residence.
(j) The applicant shall sign and file a covenant, provided by the town, with the county auditor, requiring the owner of the property to notify a prospective buyer of the limitations of this section and to provide for the removal of improvements added to convert the premises to an accessory dwelling unit and the restoration of the site to a single-family dwelling in the event that any condition of approval is violated.
(2) Utility Costs and Fees. Each ADU established in or attached to an existing single-family dwelling unit shall pay a monthly fee for sewer service. In those instances where an ADU is established as a detached living unit, they shall pay a monthly fee for both water and sewer service.
(3) Addressing Single-Family and ADU Units. The addressing of the existing single-family residence shall be changed to identify the existing family residence as “Unit A” and the new ADU as “Unit B” prior to issuance of a certificate of occupancy.
(4) Additional Criteria for Additional Accessory Dwelling Units (ADUs). The following additional criteria apply to allow an additional accessory dwelling unit (ADU):
(a) The minimum lot size to establish an ADU shall be 6,000 square feet.
(b) All additional standards and regulations in the Concrete Municipal Code (CMC) not specifically noted in this section shall apply. [Ord. 640 § 1, 2009]
19.45.110 Development and permit requirements for mobile food vans and espresso stands.1
(1) Permit Required. The town council may approve a temporary use permit for mobile food vans and espresso stands. The permit is valid for a period of six months. If an extension is requested, the town council shall review the operation and may renew the permit if no complaints, problems, or adverse impacts have been identified. Problems identified with the operation shall be corrected prior to review and approval of the permit to renew.
(2) Application Process. Application for a temporary use permit shall be processed and reviewed by the town council prior to the issuance of a permit.
(3) Application Contents. All applications shall include a detailed, scaled site plan indicating, at a minimum, the location of the mobile van or stand, the ingress/egress to the property, traffic pattern, etc., location of all utilities, restroom facilities, solid waste facilities, signage, and landscaping. All required improvements to the property shall conform to the regulations and standards adopted by the town, including those identified herein.
(4) Size. The maximum size for mobile vans and espresso stands, including accessory structures, shall not exceed 200 square feet.
(5) Setbacks. Setbacks for mobile vans, stands and accessory canopies and facilities are as follows: front yard setbacks shall conform to setbacks of the zoning district in which the use is located. Side yard and rear yard setbacks shall be 20 feet from property lines or buildings located on the property.
(6) Service Lanes. Service lanes and vehicular stacking for each drive-up lane shall provide for a minimum of three cars and shall not conflict with the existing parking or traffic patterns on the property or adjacent street.
(7) Restroom Facilities. Restroom facilities to be used by the mobile food van or espresso stand employees shall be contained within the unit or located within 200 feet of the unit and within the same zoning district. If tables and chairs are provided for customer use, on-site restroom facilities shall be provided meeting the standards of the Skagit County health department. Restrooms must be open at all times during operation of the van or stand. A letter from the property owner of the restroom facility shall be required with the application, and prior to issuance of the temporary permit.
(8) Health Department Approval Required. Skagit County health department approval and permit(s) for the operation of the van or stand and restroom facility shall be required with the application and prior to the issuance of the temporary permit.
(9) Building Permit. Any on-site construction shall be required to obtain a town of Concrete building permit.
(10) Business License Required. A town of Concrete business license shall be required prior to issuance of the temporary use permit.
(11) Conditions for Operation. All permits, on-site improvements and conditions of approval shall be completed prior to operation of the mobile van or stand.
(12) Cancellation of Permit. Temporary use permits may be cancelled by the town at any time, if violations of the permits or any conditions occur.
(13) Permit Fee. The fee for temporary use permits for mobile food vans and espresso stands is established at $25.00, with a renewal fee of $10.00. [Ord. 654 § 1, 2009]
19.45.115 Medical marijuana collective gardens.
Medical marijuana collective gardens shall comply with the 1,000-foot separation requirements mandated for recreational marijuana retailers, producers and processors as outlined within Chapter 314-55 WAC as it is currently written or as it may be amended in the future. [Ord. 718 § 6, 2013]
Editor’s note: Ord. 654 added these provisions as CMC 19.45.100. This section has been editorially renumbered to prevent duplication of numbering.