Division 1 Zoning and Land Uses
Chapter 14.10
GENERAL PROVISIONS
Sections:
14.10.060 Uses allowed in all zones.
14.10.070 Uses prohibited in all zones.
14.10.080 Uses prohibited outside of fire district.
14.10.090 Uses not specifically identified.
14.10.095 Extension of sewer prohibited into rural and resource areas.
14.10.100 Dimensional standards—Measurement and application.
14.10.010 Purpose.
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))
14.10.020 Applicability.
(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))
14.10.030 Zoning established.
(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))
14.10.040 Split zoning.
(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))
14.10.050 Use tables
(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.
|
Code |
Explanation |
|
P |
The use is permitted. Permitted uses are those that do not require discretionary land use approval permits, but may require building permits, shoreline permits, or other land use review. |
|
AC |
The use is permitted, but only as an accessory to a principal use. |
|
AD |
The use may be allowed by an administrative special use permit. |
|
HE |
The use may be allowed by a Hearing Examiner special use permit. |
|
X |
Where the table cell is blank or includes an “X,” the use is prohibited in the zone. |
(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))
14.10.060 Uses allowed in all zones.
(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.
|
Use |
Standards |
Review |
|---|---|---|
|
SCC Chapter 14.18 |
P |
|
|
Net metering system, solar |
SCC Chapter 14.18 |
P |
|
SCC Chapter 14.18 |
— |
|
|
—minor |
|
P |
|
—expansion of existing major public use up to 3,000 sf |
|
AD |
|
—new major public use or expansion of existing of 3,000 sf or greater |
|
HE |
|
SCC Chapter 14.18 |
P |
|
|
Repair, replacement, and maintenance of water lines with an inside diameter of 12 inches or less |
SCC Chapter 14.18 |
P |
|
SCC Chapter 14.18 |
P |
|
|
SCC Chapter 14.18 |
— |
|
|
—minor |
|
AD |
|
—major |
|
HE |
|
Wireless facilities |
SCC Chapter 14.59 |
AD |
(Ord. O20250005 § 2 (Exh. A))
14.10.070 Uses prohibited in all zones.
(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.
(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))
14.10.080 Uses prohibited outside of fire district.
(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))
14.10.090 Uses not specifically identified.
(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))
14.10.095 Extension of sewer prohibited into rural and resource areas.
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))
14.10.100 Dimensional standards—Measurement and application.
(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.
|
Code |
Explanation |
|
ac |
Acres or as rounded to a fraction of a section, e.g., 10 acres or 1/64th of a section; 40 acres or 1/16th of a section |
|
ft |
Feet |
|
sf |
Square feet |
|
* |
See the code section for the zone for detailed limits |
|
- |
No limit or inapplicable (when alone in a table cell) |
(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;
(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))