Chapter 14.14
OVERLAY ZONES AND USES
Sections:
14.14.100 Airport Environs Overlay.
14.14.200 Guemes Island Overlay.
14.14.300 Mineral Resource Overlay.
14.14.010 Applicability.
(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))
14.14.100 Airport Environs Overlay.
(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.
|
ACZ |
Additional Use Restrictions |
Required Open Space |
|---|---|---|
|
1 |
No new structures or uses allowed (except aviation-related Port uses). |
100%, except airport structures |
|
2 |
No multifamily dwellings, accessory dwelling units, temporary manufactured homes, day care, co-housing, churches, or bed and breakfasts allowed. |
30% |
|
3S |
n/a |
15% |
|
3L |
No accessory dwelling units, temporary manufactured homes, co-housing, or bed and breakfasts allowed. |
15% |
|
4S |
n/a |
10% |
|
4L |
n/a |
10% |
|
5 |
n/a |
30% |
|
6 |
Public and institutional uses (including churches) may not exceed a density of 100 people/acre. |
10% |
(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:
|
ACZ |
Requirement |
|---|---|
|
1 |
No documents required. |
|
2 |
An avigation easement in favor of the Port of Skagit; and A notice and acknowledgment of airport and aircraft operations and a waiver of claims. |
|
3—6 |
An avigation easement in favor of the Port of Skagit; and A notice and acknowledgment of airport and aircraft operations. |
(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))
14.14.200 Guemes Island Overlay.
(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.
(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))
14.14.300 Mineral Resource Overlay.
(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))