Chapter 14.18 USE STANDARDS AND USE DEFINITIONS

The definitions and use standards in this chapter apply throughout this Title unless the context plainly indicates otherwise. Definitions not related to specific uses are located in SCC Chapter 14.04—Definitions or in other applicable chapters of this Title. Tables identifying allowed uses by zone are provided in SCC Chapters 14.11 through 14.16. SCC Chapter 14.10 lists all uses that are permitted or prohibited in all zones. (Ord. O20260004 § 1 (Att. 2))

Part I. Residential Uses

14.18.102 Single-family residence.

(1) Definition. Reserved.

(2) Limitations.

(a) A single-family residence must be detached and constitute only a single dwelling unit (except as provided for with an attached ADU).

(b) No more than one primary dwelling unit is permitted on any legal lot.

(3) Ag-NRL Restrictions. In the Ag-NRL zone:

(a) A single-family residence is allowed only when accessory to an agricultural use, except when sited on a legal lot eligible for development per SCC 14.70.050 that is one acre or less. No conversion of agricultural land is allowed for accessory uses.

(b) An applicant for a single-family residence must:

(i) Be engaged in the ongoing commercial production of crops or livestock;

(ii) Submit a signed affidavit verifying that:

(A) The applicant is the owner of the parcel;

(B) The applicant has generated gross income of at least $100 per acre per year on average over the past three years through the applicant’s use of the subject parcel for the commercial production of crops or livestock on the subject parcel;

(C) That the proposed single-family residence will be used only as accessory to the ongoing commercial production of crops or livestock;

(iii) Record a title notice for the parcel, on forms provided by the Department, that the single-family residence was permitted only as an accessory to the principal agricultural use.

(c) An applicant seeking to rebuild or remodel an existing residence within an existing converted footprint is not required to comply with Subsection (3)(b) of this Section.

(4) IF-NRL Restrictions. In the IF-NRL zone, a single-family residence 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;

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

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

(f) A safety zone cleared of flammable vegetation is maintained 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. O20260004 § 1 (Att. 2); Ord. O20250005 § 2 (Exh. A))

14.18.104 Residential accessory use.

(1) A residential accessory use is an accessory use to a residence, including, but not limited to, the following:

(a) Fallout/bomb shelter;

(b) Impoundment under one-acre foot in volume;

(d) Private pool, dock, boathouse, boat launch, pier;

(e) Antenna for private telecommunications systems;

(f) Storage of on-site yard maintenance equipment;

(g) Agriculture that is secondary to the residential use and allows no employees;

(h) Community water and septic systems and stormwater detention ponds built as part of a land division;

(i) Private greenhouses;

(j) Miscellaneous residential support buildings, such as a storage shed, workshop, garage, barn;

(k) No more than one commercial vehicle that is one ton or more in size.

(2) Ag-NRL Restrictions. In the Ag-NRL zone, a residential accessory use is allowed only when accessory to an agricultural use. No conversion of agricultural land is allowed for accessory uses.

(3) IF-NRL Restrictions. In the IF-NRL zone, a residential accessory use is allowed only when it meets the restrictive criteria for a single-family residence in that zone. (Ord. O20250005 § 2 (Exh. A))

14.18.106 Accessory dwelling unit.

(1) Definition. Separate living quarters located on the same lot and either detached from or included within a primary residence.

(2) Requirements in All Zones.

(a) Size and Scale. The square footage of a newly constructed accessory dwelling unit may not exceed 1,200 square feet, excluding any garage area.

(b) Location. The accessory dwelling unit may be attached to or included within the main unit of the primary residence, or located in a detached structure. All requirements of SCC Title 15 regarding fire separation must be met.

(c) Parking. Three off-street parking spaces must be provided for the combination of the primary residence and accessory dwelling unit(s).

(d) An accessory dwelling unit must contain provisions for eating, sleeping, cooking, and sanitation.

(e) Any accessory dwelling unit included within a primary residence may not have interconnected interior spaces.

(f) Nonqualifying Uses.

(i) A recreational vehicle is not allowed as an accessory dwelling unit.

(ii) A park model trailer is not allowed as an accessory dwelling unit.

(3) Additional Requirements in Urban Growth Areas.

(a) Two accessory dwelling units are permitted as accessory to a primary residence.

(b) Connection to a public sewer system is required for two accessory dwelling units. One accessory dwelling unit is permitted when connected to an on-site sewage system.

(c) Existing legal nonconforming structures that do not meet setbacks or lot coverage requirements may be converted into accessory dwelling units.

(d) Accessory dwelling units may be sited at lot lines that abut a public alley.

(e) Off-street parking is not required for accessory dwelling units if within one-half mile walking distance of a major transit stop.

(4) Additional Requirements Outside Urban Growth Areas.

(a) One accessory dwelling unit is permitted as accessory to a primary residence.

(b) Subdivision. Accessory dwelling units may not be subdivided or otherwise segregated in ownership from the principal unit of the primary dwelling, unless allowed by the zoning.

(c) Location. Detached accessory dwelling units may be no more than 150 feet from the primary residence, unless a greater distance is necessary to protect critical areas or natural resource lands, or existing development prevents the accessory dwelling unit from being placed within that distance.

(d) Entrances. The main unit of the primary dwelling containing the accessory dwelling unit may have only one obvious entrance visible to the street except where more than one entrance existed on or before adoption of the ordinance codified in this Section. (Ord. O20260004 § 1 (Att. 2); Ord. O20250005 § 2 (Exh. A))

14.18.110 Caretaker dwelling unit.

(1) Definition. Reserved.

(2) In the URP-OS zone, the use is allowed only for an on-site resident park manager accessory to the primary public use. (Ord. O20250005 § 2 (Exh. A))

14.18.112 Co-housing as part of a CaRD.

(1) Definition. A type of residential community characterized by either attached or detached single-family dwelling units which may or may not be located on separate lots, and includes a common building, which may contain a large dining room, kitchen, lounges, meeting rooms, recreation and laundry facilities, storage, guest rooms, library, workshops, and/or childcare, to serve only the co-housing community.

(2) Allowed only as part of a CaRD land division. (Ord. O20250005 § 2 (Exh. A))

14.18.114 Co-living housing.

(1) Definition. A residential building with sleeping units that are independently rented, are lockable, and provide living and sleeping space, with shared kitchen facilities used by residents (consistent with RCW 36.70A.535). Bunkhouses, residential suites, and congregate housing are examples of co-living housing types.

(2) For the purposes of this Section, a “sleeping unit” means an independently lockable rented or owned unit that provides living and sleeping space. A sleeping unit in co-living housing equals one-quarter of a one dwelling unit for the purpose of complying with density limits. (Ord. O20250005 § 2 (Exh. A))

14.18.120 Emergency housing.

(1) Definition. A shelter supportive service that provides temporary indoor accommodations to address basic health, food, clothing and personal hygiene needs. (Ord. O20250005 § 2 (Exh. A))

14.18.122 Emergency shelter.

(1) Definition. A facility providing temporary shelter, that can include day-only access and warming centers, that does not provide overnight accommodations. (Ord. O20250005 § 2 (Exh. A))

14.18.124 Employee housing.

Reserved. (Ord. O20250005 § 2 (Exh. A))

14.18.130 Loft living quarters.

(1) Definition. One or more dwelling units above a commercial use.

(2) Restrictions.

(a) In the RVC zone, loft living quarters are limited to a single dwelling unit above each storefront.

(b) In the RVC zone in Alger, loft living quarters are limited to four units, provided gross floor area is no more than 75 percent of the primary use gross floor area. The size of each unit must meet, at a minimum, the definition of efficiency dwelling unit. (Ord. O20250005 § 2 (Exh. A))

14.18.140 Manufactured or mobile home park.

(1) Definition. A site containing spaces with required improvements and utilities that are leased for long-term placement of manufactured houses and that may include services and facilities for the residents.

(2) In the RVR zone, a manufactured or mobile home park:

(a) Requires connection to public water service;

(b) Requires connection to a public sewer system;

14.18.142 Middle housing.

(1) Definition. A residential building that contains two or more attached, stacked, or clustered homes, excluding a single-family residence with one or more attached ADUs.

(2) Types of Middle Housing.

(a) Duplex: a building containing two dwelling units separated from each other by an unpierced wall extending from ground to roof.

(b) Triplex: a building containing three dwelling units.

(d) Townhouse: a one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls. Townhouses may be located on a separate (fee simple) lot or several units may be located on a common parcel.

(3) The number of dwelling units in a given multifamily residential building is limited to the number listed in the allowed use table for the zone.

(4) In the RVR zone, a duplex, triplex, or fourplex:

(a) Requires connection to public water service;

(b) Requires connection to a public sewer system;

(d) May not exceed 1,200 square feet per dwelling unit, excluding any garage area. (Ord. O20250005 § 2 (Exh. A))

14.18.150 Owner operator/caretaker quarters.

(1) Definition. One dwelling unit, accessory to a primary use, for persons who live on premises for the necessary purposes of managing, operating, maintaining, or guarding a primary nonresidential use.

(2) Quarters may be occupied by either the owner of the principal use and his/her immediate family, or employees of the owner as well as their immediate family members.

(3) In the RB zone, the use must be accessory to a business use. (Ord. O20250005 § 2 (Exh. A))

14.18.160 Permanent supportive housing.

(1) Definition. Subsidized leased housing, utilizing admissions practices with lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing and which is paired with on-site or off-site voluntary services. (Ord. O20250005 § 2 (Exh. A))

14.18.170 Seasonal worker housing.

(1) Definition. Manufactured homes grouped together to provide temporary housing for seasonal workers.

(2) No more than 10 manufactured homes are permitted under this use per property.

(3) The homes may be occupied no longer than the growing season. (Ord. O20250005 § 2 (Exh. A))

14.18.180 Temporary manufactured home.

(1) Definition. The temporary placement of one manufactured home on a parcel with an existing residence to accommodate the housing needs of disabled or elderly family members or to house one farm worker and his/her immediate family. Documentation of the need for nearby care or that the nature of the employee’s work requires said employee to be immediately available to the job site is required by a doctor and/or physician or by the farm owner/operator. This second temporary dwelling unit must be removed from the property when the family member or farm employee is no longer using the manufactured home.

(2) Types. A temporary manufactured home use must be for one of the following purposes:

(a) Disabled or elderly family members;

(b) Accessory to farm dwelling unit.

(3) Temporary Manufactured Home—Disabled or Elderly Family Members.

(a) Definition. A temporary manufactured home to accommodate the housing needs of disabled or elderly family members:

(b) Documentation of the need for nearby care is required from a doctor and/or physician.

The above-referenced property contains a temporary manufactured home to accommodate the housing needs of disabled or elderly family member. This second temporary dwelling unit was approved pursuant to the Skagit County Code and must be removed from the property when the family member is no longer using the manufactured home.

(4) Temporary Manufactured Home—Accessory to Farm Dwelling Unit.

(a) Definition. A temporary manufactured home accessory to a farm dwelling unit on property meeting the definition of farmland in RCW 84.34.020 to accommodate agricultural workers and their families employed on the premises, as provided:

(b) The property must meet the definition of farmland in RCW 84.34.020 (Open Space Taxation).

(c) The applicant must demonstrate compliance with the temporary worker standards in Washington State law, including RCW Chapters 19.27, 43.22, 43.70, 49.17 and 70.114A.

(d) Documentation that the nature of the employee’s work requires said employee to be immediately available to the job site is required from the farm owner/operator.

(e) Title Notice. The applicant must record a title notice with the County Auditor that contains the following language:

The above-referenced property contains a temporary manufactured home to accommodate agricultural workers and their families employed on the premises. This second temporary dwelling unit was approved by a special use permit pursuant to the Skagit County Code and must be removed from the property when the farm employee is no longer using the manufactured home.

(5) Limitations in the Ag-NRL Zone. In the Ag-NRL zone, temporary manufactured homes may result in no conversion of agricultural land. (Ord. O20250005 § 2 (Exh. A))

14.18.182 Transitional housing.

(1) Definition. A facility that provides housing and supportive service to facilitate movement of individuals and families experiencing homelessness into permanent housing. (Ord. O20250005 § 2 (Exh. A))

Part II. Commercial/Retail Uses

14.18.210 Animal clinic/hospital.

(1) Definition. A building for medical or surgical treatment of animals.

(2) An animal clinic hospital may include overnight animal stays.

(3) Limitation in the SF-NRL and RRc-NRL Zones.

(a) Must be accessory to the existing resource base.

(b) Any structures must be placed in currently developed areas.

14.18.214 Animal preserve.

(1) Definition. A preserve for the public viewing of wild animals, either on foot or from the car, and either indoors or outdoors. (Ord. O20250005 § 2 (Exh. A))

14.18.216 Asphalt/concrete batching or recycling.

(1) Definition. The mixing of asphalt or concrete from the raw ingredients for a discrete project in the vicinity of the batching operation.

(2) Types.

(a) Temporary. No longer than one year.

(b) Permanent. All such uses other than a temporary use.

(3) Limitation in the Ag-NRL, H-URv, RRc-NRL, and SF-NRL Zones.

(a) This use is allowed only if there is no other viable parcel of nonresource designated land to serve the purpose. (Ord. O20250005 § 2 (Exh. A))

14.18.218 Automobile wrecking.

(1) Definition. Premises used for the commercial storage and/or sale of used automobile parts, or for the storage, dismantling, or abandonment of junk, automobiles, trailers, machinery or parts thereof. (Ord. O20260004 § 1 (Att. 2); Ord. O20250005 § 2 (Exh. A))

14.18.220 Bed and breakfast.

(1) Definition. A dwelling used to provide overnight guest lodging for compensation that usually provides a morning meal. Guest lodging may be in a separate structure from the main dwelling unless otherwise provided.

(2) Standards. A bed and breakfast use must:

(a) Be owner-occupied and managed;

(b) Provide parking on site and a minimum of 10 feet away from neighboring residences;

(d) Demonstrate that its impacts will be no more obtrusive than a residence;

(e) Provide no more than five bedrooms for guest use.

(3) Limitations in the Ag-NRL Zone.

(a) The use must be accessory to an actively managed, ongoing agricultural operation.

(b) No new structures may be constructed outside of the home for lodging purposes.

(4) Limitations in the H-URv and RRc-NRL Zones.

(a) No new structures may be constructed or expanded in building footprint outside of the home for lodging purposes. (Ord. O20250005 § 2 (Exh. A))

14.18.224 Billboard.

(1) Definition. Reserved.

(2) Billboards are limited to one per lot.

(3) See SCC Chapter 14.29 for sign requirements related to billboards. (Ord. O20250005 § 2 (Exh. A))

14.18.226 Business/professional office.

(1) Definition. Reserved.

(2) In the NRI zone, this use must be related to natural resource industries. (Ord. O20250005 § 2 (Exh. A))

14.18.230 Car wash.

(1) Definition. Reserved.

(2) Limitations in the BR-LI Zone.

(a) A car wash is permitted only adjacent to Peterson Road. (Ord. O20250005 § 2 (Exh. A))

14.18.234 Commercial boathouse.

(1) Definition. Any walled or covered structure built onshore or offshore for the wet or dry commercial storage, repair, or building of watercraft or float planes. (Ord. O20250005 § 2 (Exh. A))

14.18.240 Day care center.

(1) Definition. An establishment providing care for periods less than 24 hours for children, patients, convalescents, invalids, or aged persons. (Ord. O20250005 § 2 (Exh. A))

14.18.244 Display gardens.

(1) Definition. Horticultural gardens open to the public, including ornamental plants. (Ord. O20250005 § 2 (Exh. A))

14.18.246 Family day care provider.

(1) Definition. An establishment for group care of nonresident adults or children which is accessory to a single-family residence that is the abode of the person or persons under whose direct care and supervision the clients are placed. Day care consists of both adult day care and child day care facilities, licensed by the State. A maximum of 12 adults or children in any 24-hour period, including children who reside at home, are permitted.

(2) Limitations in the Ag-NRL Zone.

(a) No conversion of resource land is allowed. (Ord. O20250005 § 2 (Exh. A))

14.18.248 Fish hatchery.

Reserved. (Ord. O20250005 § 2 (Exh. A))

14.18.250 Group care facility.

(1) Definition. An establishment providing full-time care for more than five patients, convalescents, invalids, or aged persons, excluding:

(a) Adult family homes regulated pursuant to RCW Chapter 70.128; and

(b) Living quarters for unrelated, handicapped individuals protected under the Federal Fair Housing Amendments Act and RCW 35A.63.240.

(2) Types.

(a) Adult group care facility: an establishment providing full-time care for more than five patients, convalescents, invalids, or aged persons. Such establishment must be licensed by the State of Washington in accordance with current State statutes. Adult family homes regulated pursuant to RCW Chapter 70.128 and living quarters for unrelated, handicapped individuals protected under the Federal Fair Housing Amendments Act and RCW 35A.63.240 are not considered adult group care facilities for purposes of this Title.

(b) Group care facility: living quarters for children or adults meeting applicable Federal and State standards that function as a single housekeeping unit and provide supporting services, including but not limited to counseling, rehabilitation, and medical supervision, not exceeding more than 20 residents and staff. If staffed by nonresident staff, each 24 staff hours per day equals one full-time residing staff member for purposes of determining number of staff. Adult family homes regulated pursuant to RCW Chapter 70.128 and living quarters for unrelated, handicapped individuals protected under the Federal Fair Housing Amendments Act and RCW 35A.63.240 are not considered a group care facility for purposes of this Title. (Ord. O20250005 § 2 (Exh. A))

14.18.252 Home-based business.

(1) Definition. Home-based businesses are home occupations that remain incidental to the use of a residence for general dwelling purposes and are compatible with rural character. Three categories of home-based businesses are defined: Home-Based Business 1, Home-Based Business 2, and Home-Based Business 3.

(2) Generally.

(a) Home-based businesses established after June 1, 1997, may not be used as a justification for Comprehensive Plan amendment or rezone request.

(b) The intent of each category of home-based business is to allow such businesses to operate within the limitations of each category. When the business grows beyond those limitations and the conditions included in any County approval, the business must apply for a higher level or category or relocate to a zone that would permit the activity.

(3) Home-Based Business 1. The use must meet the following criteria:

(a) Is carried out exclusively by a member or members of a family residing in the dwelling unit;

(b) Is clearly incidental and secondary to the use of the property for dwelling purposes, with the floor area devoted to the home occupation not exceeding 25 percent of the living area of the dwelling unit (business activity may be conducted in buildings other than the dwelling; provided, that the size of such use does not exceed 25 percent of the living area of the dwelling unit);

(c) Has no outside storage, no outside signs of any size or type, nor other exterior indication of the home occupation or variation from the residential character of the property;

(d) Does not require the installation of heavy equipment, large power tools or power sources not common to a residential dwelling;

(e) Does not create a level of noise, vibration, smoke, dust, odors, heat or glare beyond that which is common to a residential area; and

(f) Does not have clients come to the site.

(4) Home-Based Business 2. The use must meet the following criteria:

(a) Is carried out by a member or members of a family residing in the dwelling;

(b) Is clearly incidental and secondary to the use of the property for dwelling purposes (business activity may be conducted in buildings other than the dwelling; provided, that the size of such use does not exceed 50 percent of the living area of the dwelling unit);

(c) Has no outside storage nor other exterior indication of the home occupation or variation from the residential character of the property with the exception of one sign not to exceed four square feet, provided such sign must not be illuminated;

(d) Does not require the installation of heavy equipment, large power tools or power sources not common to a residential dwelling;

(e) Does not create a level of electrical interference, line voltage fluctuation, noise, vibration, smoke, dust, odors, heat, glare, traffic and other environmental impacts beyond that which is common to a residential area;

(f) Does not create a level of parking demand beyond that which is normal to a residential area;

(g) May have clients come to the site.

(h) Limitations in the Ag-NRL, IF-NRL, SF-NRL, and RRc-NRL Zones. No conversion of resource land is allowed to accommodate the business activity.

(5) Home-Based Business 3. The use must meet the following criteria:

(a) Is carried out by a member or members of a family residing in the dwelling and may include up to three additional employees;

(b) Is clearly incidental and secondary to the use of the property for dwelling purposes;

(c) The business activity may be conducted in buildings other than the dwelling; provided, that the size of such building must be consistent with the residential area and such building is properly permitted for the use;

(d) Has no outside storage nor other exterior indication of the home occupation or variation from the residential character of the property with the exception of one sign not to exceed four square feet, provided such sign must not be illuminated;

(f) Does not create a level of parking demand beyond that which is normal to a residential area;

(g) May have clients come to the site.

(h) Limitations in the Ag-NRL, IF-NRL, SF-NRL, and RRc-NRL Zones. No conversion of resource land and no new structures are allowed to accommodate the business activity. (Ord. O20250005 § 2 (Exh. A))

14.18.254 Institutional camp/retreat.

(1) Definition. An established group camp/retreat maintained for recreation, education, vacation, religious or other similar uses by organized groups that assume supervision of the camp activities.

(2) Restrictions.

(a) Camps/retreats must be nonresidential in nature and are allowed only temporary overnight stays.

(b) Camps/retreats typically include group cooking and eating facilities. (Ord. O20250005 § 2 (Exh. A))

14.18.256 Kennel.

(1) Definition. Any day-use kennel, limited kennel, or overnight boarding kennel operated as either a hobby or a business. A kennel-type structure does not, by itself, constitute a kennel.

(2) Types. A kennel can be one of the following kennel types:

(a) Day-use kennel: any premises at which one or more dogs, cats, or both are kept during daytime hours for a commercial purpose including but not limited to grooming, training, and/or boarding.

(b) Limited kennel: any premises at which one or more dogs, cats, or both are kept overnight for a commercial purpose including but not limited to breeding or selling. A single, incidental litter in a 12-month period is not a commercial purpose.

(c) Overnight boarding kennel: any premises at which one or more dogs, cats, or both are kept overnight for the commercial purpose of boarding.

(3) All Kennels.

(a) Areas used as part of a dog kennel operation must be composed of at least one-half of one acre for every five dogs (i.e., two and one-half acres of kennel area would be required for 25 dogs).

(b) Any indoor or outdoor area to be occupied by kennel animals must be located at least 50 feet from any property line. A solid wood fence or continuous, nondeciduous vegetative barrier is required, each at least six feet in height, between any outdoor kennel use area and the subject property lines. Fences and continuous barriers will not be required in cases where kennel use areas are at least 500 feet from all subject property lines.

(c) Parking for all kennel customers and employees must be fully contained on the subject property and may not include the use of any road right-of-way.

(d) All lighting must be directed away from neighboring residences or businesses.

(e) An approved waste disposal plan that complies with SCC Chapter 12.16 is required.

(f) Kennel animals must be contained on the subject property. Outdoor kennel areas must be constructed with adequate materials and height so as to prevent animal escapement.

(g) Any outdoor kennel use areas must be configured such that impacts to surrounding properties are minimized. All animals must be contained in enclosed buildings between the hours of 9:00 p.m. and 8:00 a.m. daily.

(h) Only one kennel, either day-use, limited, or overnight boarding, is allowed on any property at one time.

(i) An emergency evacuation plan satisfactory to the Department is required.

(j) An exercise plan satisfactory to the Department is required.

(k) The Department may refuse issuance of a special use permit, or rescind an approved special use permit for a kennel if:

(i) It is in violation of any of the provisions of SCC Chapter 7.02;

(ii) If it is discovered that the applicant or operator has been convicted of animal cruelty as defined in RCW Chapter 16.52.

(4) Boarding Kennel. A boarding kennel is also subject to the following criteria:

(a) An overnight boarding kennel may not exceed 150 dogs or cats on site at any one time.

(b) No commercial breeding or selling of dogs or cats may occur at an overnight boarding kennel. A single, incidental litter in a 12-month period is not commercial breeding or selling.

(c) An overnight boarding kennel may have animals kept during daytime and overnight hours and may also include additional related services including but not limited to training, grooming, and daily care.

(d) Limitations in the RRc-NRL Zone.

(i) Must be accessory to the resource base;

(ii) Any structures must be placed in currently developed areas; and

(iii) No land may be taken out of resource production.

(5) Day-Use Kennel. A day-use kennel is also subject to the following criteria:

(a) A day-use kennel may not exceed 25 dogs or cats on site at any one time.

(b) No commercial breeding or selling of dogs or cats may occur at a day-use kennel.

(6) Limited Kennel. A limited kennel is also subject to the following criteria:

(a) A limited kennel may not exceed 25 dogs or cats over 16 weeks of age on site at any one time.

(b) At no time may there be more than 50 dogs or cats of any age on site.

(d) A limited kennel may have animals kept during daytime and overnight hours and may also include additional related services including but not limited to selling, training, grooming, and daily care.

(e) Limitations in the Ag-NRL, IF-NRL, SF-NRL, and RRc-NRL Zones.

(i) Must be accessory to an existing residence or natural resource operation.

(ii) No resource land may be converted or taken out of production.

(iii) Any structures must placed in currently developed areas.

(7) Limitations by Zone.

(a) In the SSB zone, the use is allowed only if accessory to an existing commercial use and only if the use is secondary and incidental to the primary SSB use. (Ord. O20250005 § 2 (Exh. A))

14.18.258 Hotel/motel.

(1) Definition. A building in which there are guest rooms where lodging with or without meals is provided for compensation, where no provision is made for cooking in any room or suite. This definition applies to all operations with six or more guest rooms or where the operation is not owner-occupied or owner-managed.

(2) Limitation in the RFS Zone.

(a) Hotel/motel buildings may be no closer than 200 feet from agricultural zoned lands. (Ord. O20250005 § 2 (Exh. A))

14.18.260 Laundromat.

Reserved. (Ord. O20250005 § 2 (Exh. A))

14.18.261 Limited event venues.¹

(1) Definition. Commercial use of a property for any musical, cultural, or social event held either indoors or outdoors.

(2) Restrictions. The “limited event venues” use is also subject to the following criteria:

(a) Events may occur on no more than 24 calendar days per year.

(b) Parking for all events must be fully contained on the subject property and must not include the use of any road right-of-way.

(c) The use must not create a detrimental level of electrical interference, line voltage fluctuation, noise, vibration, smoke, dust, odors, heat, glare, traffic or other environmental impacts on the surrounding area.

(d) All lighting must directed away from neighboring residences or businesses.

(3) Limitations in the IF-NRL and SF-NRL zones:

(a) The limited event venue use must be related to the resource use.

(b) No resource land may be converted.

(4) Events at permitted restaurants, churches, grange halls or community centers, and parks are not regulated as limited event venues. (Ord. O20260003 § 1 (Att. 2); Ord. O20250005 § 2 (Exh. A). Formerly 14.18.290)

14.18.262 Marijuana facility.

(1) Definition. Any of the following types of marijuana facilities.

(2) Types.

(a) Marijuana cooperative: consistent with RCW Chapter 69.51A, a shared cooperative for acquiring and supplying the resources needed to produce and process marijuana for the medical use of the members of the cooperative.

(b) Marijuana production facility: any land use involving the growing of marijuana, excluding marijuana cooperatives and marijuana grown at home for medical use consistent with State law.

(c) Marijuana processing facility: any land use involving the processing of marijuana, excluding marijuana cooperatives and marijuana grown at home for medical use consistent with State law.

(d) Marijuana production/processing facility: a marijuana production facility, or a marijuana processing facility, or any combination of the two.

(e) Marijuana retail facility: any land use involving the sale or other provision of marijuana for use or consumption.

(3) Characterization. Marijuana production and processing is an industrial use, not an agricultural use.

(4) Limitations in the Ag-NRL Zone.

(a) The use may only be allowed in a structure existing as of January 1, 2014.

(5) When Allowed.

(a) Marijuana facilities are allowed only where explicitly identified in this Title; except that in municipal UGAs where a municipality’s development regulations apply, a marijuana facility must comply with the municipality’s development regulations instead of this Section.

(b) Marijuana processing using hazardous or flammable solvents or gases is allowed only in BR-HI, only in a marijuana processing facility, and only in a professional-grade closed-loop extraction system that is designed to recover the chemicals and that is labeled for such use by the manufacturer.

(6) When Prohibited.

(a) Any growing or processing of marijuana or keeping marijuana plants when not in compliance with State law governing the growing of medical marijuana at home or without a current license from the State Liquor and Cannabis Board.

(b) Any storage or growing of plants if any portion of such activity can be readily seen by normal unaided vision or readily smelled from a public place or the private property of another housing unit.

(7) Requirements for All Marijuana Facilities.

(a) A marijuana production or processing facility must employ ventilation systems such that no odors from the production or processing are detectable off the premises.

(b) A marijuana facility that employs security cameras must aim those cameras so as to view only the facility property, not public rights-of-way or neighboring properties.

(c) The Fire Marshal must notify the local fire district or other fire authority whenever the Department approves a permit for any marijuana production or processing facility.

(8) A special use permit for a marijuana production/processing facility must:

(a) Be conditioned on holding a current license from the State Liquor and Cannabis Board;

(b) Address impacts on surrounding properties, including but not limited to the appropriate distance of the facility from residences, schools, daycare facilities, public parks, other public facilities, and other marijuana facilities;

(d) Include appropriate screening or other requirements to avoid lighting impacts and the visual impacts of security fencing;

(e) Include requirements for appropriate disposal of the waste and byproducts of production and processing;

(f) Include protections against security cameras infringing on neighbors’ privacy;

(g) Include any additional controls on hazardous processing methods with potential to injure neighboring properties;

(h) Mitigate other impacts.

(9) A special use permit for a marijuana retail facility must:

(a) Be conditioned on holding a current license from the State Liquor and Cannabis Board;

(b) Include appropriate conditions to avoid customer use of marijuana on site or in adjacent areas (e.g., security cameras, fences, or site design);

14.18.264 Marina.

(1) Definition. Freshwater or saltwater facilities that provide storage (wet and/or dry), launch areas, supplies, or services for pleasure and/or fishing craft. Marinas may be available to the general public through rental or fee agreements or they may be totally private, or for members of a yacht or country club, or a recreational subdivision.

(a) Foreshore marinas are located in intertidal (high tide to low tide) or offshore (low tide and seaward) zones, along lake or river shores, and may be of open pile, floating or solid construction. Because of their location, foreshore marinas usually appropriate and utilize beaches and shoreline resources, surface waters, and may require shore defense works on marine shores.

(b) Backshore marinas are located landward of the high tide line or high water mark, or lake or river shores, and may require harbor and channel dredging, structural support works (bulkheads), and maintenance. Because of this location, offshore defense works are usually not required and beach and shoreline resources are not necessarily appropriated or altered.

(2) Types.

(a) Primitive: marinas which include minimal shoreside improvements, limited to toilet facilities, parking, and picnic benches.

(b) Full-service: all other marinas. (Ord. O20250005 § 2 (Exh. A))

14.18.266 Mini-storage.

(1) Definition. A service use containing separate storage spaces that are leased or rented as individual units.

(2) Mini-storage does not include the conduct of business activities other than rental of storage units of the premises.

(3) Mini-storage may not have outside storage of property. (Ord. O20250005 § 2 (Exh. A))

14.18.268 Moorage.

(1) Definition. Moorage may include moorage of marine vessels and structures associated with a permitted use. (Ord. O20250005 § 2 (Exh. A))

14.18.269 Mortuary.

Reserved. (Ord. O20250005 § 2 (Exh. A))

14.18.270 Outpatient medical and health care service.

(1) Definition. Services offered by or under the direction of a licensed medical or health care practitioner on an outpatient basis (no overnight stays), excluding institutional facilities such as hospitals, skilled nursing facilities, or other long-term care facilities. Examples include but are not limited to:

(a) Medical, dental, or physical therapy services offered in a clinic setting;

(b) Outpatient pharmaceutical services in a pharmacy setting; and

(2) Restrictions.

(a) In the RVR zone, outpatient medical and health care services are limited to total gross floor area of 6,000 square feet and accessory storage and noncommercial uses are limited to 1,500 square feet and the number of practitioners may not exceed 10. (Ord. O20250005 § 2 (Exh. A))

14.18.272 Overnight lodging and related services for visitors to the rural area.

(1) Definition. Reserved.

(2) Limitations in the RVC Zone.

(a) Overnight lodging facilities may not exceed 35 units. See SCC Chapter 14.11 for additional dimensional limitations.

(b) Operators may not allow any person to occupy overnight lodging on the premises for more than four months in any year. (Ord. O20250005 § 2 (Exh. A))

14.18.280 Restaurant.

(1) Definition. Reserved.

(2) “Drive-in” restaurants are allowed only where specifically permitted. (Ord. O20250005 § 2 (Exh. A))

14.18.282 Retail food market and convenience store.

(1) Definition. Includes farmers markets. (Ord. O20250005 § 2 (Exh. A))

14.18.284 Retail and service business.

(1) Definition. Reserved.

(2) Types.

(a) Small.

(b) Large.

(3) Restrictions.

(a) In the SSB zone, retail sales are limited to products produced primarily on site or which are accessory to products produced on site. (Ord. O20250005 § 2 (Exh. A))

14.18.286 Small-scale production or manufacture.

(1) Definition. Small-scale production of products and goods, including food products, furniture, apparel, artwork, metal products, and wood products. (Ord. O20250005 § 2 (Exh. A))

14.18.294 Vehicle repair garage.

(1) Definition. Repair of vehicles, conducted inside a building.

(2) Limitations in the BR-LI Zone.

(a) A car wash is permitted only adjacent to Peterson Road. (Ord. O20250005 § 2 (Exh. A))

Part III. Community/Public Uses

14.18.310 Cemetery.

Reserved. (Ord. O20250005 § 2 (Exh. A))

14.18.320 Church.

(1) Definition. A place or building where religious services are conducted, and which may include, as accessory uses, religious education, reading rooms, assembly rooms and a rectory or parsonage. This definition does not include facilities for training of religious orders. (Ord. O20250005 § 2 (Exh. A))

14.18.324 Community club/grange hall.

Reserved. (Ord. O20250005 § 2 (Exh. A))

14.18.326 Conference center.

Reserved. (Ord. O20250005 § 2 (Exh. A))

14.18.330 Historic site open to the public.

(1) Definition. A historic site (as defined in SCC 14.04.020) that is open to the public during limited or unlimited hours.

(2) Limitations in the Ag-NRL, IF-NRL, SF-NRL, and RRc-NRL Zones.

(a) The use must not interfere with the management of the resource land. (Ord. O20250005 § 2 (Exh. A))

14.18.340 Hospital.

(1) Definition. A building designed and used for medical and surgical diagnosis, treatment, and housing of persons, which may include overnight stay. Rest homes, nursing homes, convalescent homes and clinics are not included. (Ord. O20250005 § 2 (Exh. A))

14.18.350 Interpretive/information center.

(1) Definition. Building(s) or site dedicated to public education or information, including tourist information, that focuses on local or area ecology, natural history, human history, or other similar subjects.

(2) An interpretive/information center may include a small store, cafeteria, and auditorium, but does not include overnight stays. (Ord. O20250005 § 2 (Exh. A))

14.18.360 Museum.

Reserved. (Ord. O20250005 § 2 (Exh. A))

14.18.370 Public use.

(1) Definition. Government or quasi-government owned and operated facilities which are not utilities, including, but not limited to, primary and secondary schools, libraries, postal services, offices, training facilities, fire and police stations, and courts.

(2) Types of Public Use.

(a) Major: public facilities that include 3,000 or more square feet of gross floor area or that utilize three or more full-time employees.

(b) Minor: less intensive public facilities that include less than 3,000 square feet of gross floor area and that utilize two or fewer full-time employees.

(3) Limitations in Ag-NRL, H-URv, IF-NRL, SF-NRL, and RRc-NRL Zones.

(a) Except as provided in Subsection (3)(b) of this Section, a public use must be designed to minimize the amount of resource lands utilized and complies with the following:

(i) The use is located within the existing building envelope which may include the required landscaping of the existing use, or it will be sited on existing impervious surface or within existing right-of-way; and

(ii) The applicant has proven that there is no other viable alternative to providing the expansion in the zone or on nonnatural resource lands.

(b) A minor or major public use related to the provision of emergency services may be sited when there is no other viable parcel or nonresource designated land to serve the affected area. The applicant must demonstrate the need to locate the use in the zone or natural resource land and must provide analysis of alternatives to the development of the use within zone or the natural resource land. (Ord. O20250005 § 2 (Exh. A))

14.18.380 Preschool.

(1) Definition. A school for children which is attended prior to kindergarten. (Ord. O20250005 § 2 (Exh. A))

Part IV. Natural Resource Uses

14.18.402 Agriculture.

(1) Definition. Agriculture or agricultural activity is the use of land for commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products, or of berries, grain, hay, straw, turf, seed, cottonwood trees, Christmas trees (not subject to excise tax imposed by RCW 84.33.140), or livestock, including those activities directly pertaining to the production of crops or livestock including, but not limited to, cultivation, harvest, grazing, on-site animal waste storage and disposal, fertilization, the operation and maintenance of farm and stock ponds, drainage ditches, irrigation systems, and canals, and normal maintenance, operation and repair of existing serviceable structures, facilities, or improved areas. (Ord. O20250005 § 2 (Exh. A))

14.18.403 Agricultural accessory use.

(1) Definition. A use is considered accessory to an agricultural use if it is located on either the same lot or other lots that collectively or in singular comprise a principal use of a corporate farm or farm held or leased by a farm manager or his immediate family. An accessory use to an agricultural use, includes, but is not limited to, the following:

(a) Outdoor storage of processed and unprocessed natural materials, waste materials, or other similar materials;

(b) Impoundments under one acre-foot in volume;

(d) U-pick sales to the public;

(e) Storage of agricultural products, ingredients, packaging and/or equipment used on site;

(f) Miscellaneous agricultural support buildings, including barns, sheds, corrals, farm offices, and coops, which are used for on-site soil-dependent agriculture; and

(2) An agricultural accessory use must predominantly serve the principal use of the farm, but may also serve other farms. (Ord. O20260003 § 1 (Att. 2); Ord. O20250005 § 2 (Exh. A))

14.18.404 Agricultural processing facility.

(1) Definition. A facility which adds value to, refines, or processes raw agricultural goods, including, but not limited to, washing, grading, sizing, drying, extracting, icing, producing ornamental agricultural products, sorting, cutting, pressing, bagging, freezing, canning, packaging, milling, crushing, brining, fermenting, aging, pasteurizing, preserving, storage, and bottling.

(2) Storage, warehousing, and distributing products in conjunction with the agricultural processing activity occurring on the site is allowed. (Ord. O20250005 § 2 (Exh. A))

14.18.405 Agricultural slaughtering facility.

(1) Definition. A facility which slaughters animals or fowl grown in commercial agriculture for processing and sales. (Ord. O20250005 § 2 (Exh. A))

14.18.406 Agricultural support service.

(1) Definition. Any nonagricultural use which is directly related to agriculture and directly dependent upon agriculture for its existence. These support services generally exist off-site and within districts that are intended to facilitate the production, marketing and distribution of agricultural products. Agricultural support services are separate and distinct from farm-based business and agritourism. (Ord. O20260003 § 1 (Att. 2); Ord. O20250005 § 2 (Exh. A))

14.18.407 Agritourism.

(1) Definition.

(a) Agritourism provides opportunities for working farms and ranches to preserve and promote Skagit County’s agricultural lands. Agritourism allows for educational and experiential activities that are related to, and supportive of, agricultural production. Agritourism helps agricultural producers keep working lands in production by diversifying and enhancing their income. Agritourism activities must be secondary and related to an existing agricultural use.

(b) Agritourism is separate and distinct from farm-based businesses and agricultural support services.

(2) Purpose and Intent of Regulation.

(a) Agritourism in Skagit County is permitted, as set out in this Section, in order to help preserve working farmland, diversify farm income, increase public awareness and appreciation of agriculture, and enhance farm viability.

(b) The Skagit County Code places limitations on agritourism in order to:

(i) Preserve the area’s rural agricultural character.

(ii) Prevent the permanent conversion of farmland.

(iii) Prevent interference with surrounding farming operations and practices.

(3) Limitations on Use.

(a) General Limitations—Performance Standards.

(i) Agritourism uses must be carried out by, and any application for a permit must be submitted by, the owner or operator of the working farm or ranch upon which it is located.

(ii) Agritourism uses must be secondary and related to an existing agricultural use.

(iii) Agritourism uses cannot degrade the surrounding area’s rural agricultural character.

(iv) Agritourism uses cannot result in the permanent conversion of farmland.

(v) Agritourism activities cannot unduly interfere with surrounding farming operations and practices.

(vi) Parking for all guests and employees must meet the parking requirements in SCC Chapter 14.26, and may not include the use of any road right-of-way. Parking for agritourism activities must not result in any conversion of agricultural land; this includes but is not limited to rock, gravel or other impervious surfaces.

(vii) Artificial lighting must be consistent with SCC 14.20.040(3). Lighting studies may be required by the Director.

(viii) Noise generated from agritourism activities must be consistent with SCC 14.20.060. Noise studies may be required by the Director.

(ix) Signage must comply with SCC Chapter 14.29, Signs, unless noted elsewhere in this Section.

(x) Agritourism uses must demonstrate concurrency with the County road segment and road intersection level of service standards in SCC 14.62.060.

(xi) Access to and from a County road used by the public must be permitted by Public Works, including any conversion of a previously established farm access.

(xii) Food trucks associated with agritourism activities should be accessory to the activity and must be temporary.

(b) Limitations Specific to Uses Classified as Agritourism 2 or 3. In addition to all other requirements in SCC 14.18.407, uses classified as Agritourism 2 or 3 are subject to all the requirements of this Subsection (3)(b).

(i) The agritourism use must be secondary to the existing and primary commercial agricultural use.

(ii) The existing and primary commercial agricultural use must have generated an average gross income of at least $500 per acre per year over the previous three years, to be verified by the Director.

(iii) The applicant of an Agritourism 2 and 3 use must comply with the annual self-certification requirements identified in SCC 14.51.080.

(iv) An Agritourism 3 use cannot include farm-to-table activities.

(v) Prior to any application for an Agritourism 2 or 3 being granted, the applicant must sign an agreement, on a form provided by the Director, that they will comply with all the requirements of SCC 14.18.407.

(4) Interpretation—Enforcement of Limitations.

(a) In interpreting the requirements of this Section must be strictly construed.

(b) In addition to any other means for ensuring compliance with this Section, Skagit County retains the authority to perform ongoing monitoring and evaluation of compliance with established conditions of approval.

(c) Agritourism special use permits are subject to SCC 14.51.070 and can be revoked if the applicant fails to meet conditions of the special use permit, including compliance with any requirement set forth in this Section.

(5) The maximum number of guests and days allowed per year for Agritourism 1, Agritourism 2, and Agritourism 3 are specified in the table below.

Table 14.18.407-1
Agritourism Type	Max No. Guests Allowed	Max No. Days Allowed Per Year1
Agritourism 1	50	10
Agritourism 2	100	35
Agritourism 3	As Conditioned1	As Conditioned1

Notes:

1. The maximum number of guests and number of days allowed per year for an Agritourism 3 use will be based on the limits established in the conditions of approval of the Hearing Examiner special use permit.

(Ord. O20260003 § 1 (Att. 2))

14.18.408 Anaerobic digester.

(1) Definition. A facility that generates power from the anaerobic “digestion” of primarily plant and animal waste from agricultural activities and meets the requirements in RCW 70.95.330. (Ord. O20260003 § 1 (Att. 2); Ord. O20250005 § 2 (Exh. A). Formerly 14.18.407)

14.18.420 Farm-based business.

(1) Definition. An on-farm commercial enterprise devoted to the direct marketing of unprocessed and/or value-added and soil-dependent agricultural products that are produced, processed, and sold on site. Farm-based businesses are intended to supplement farm income, improve the efficiency of farming, and provide employment to farm family members. Farm-based businesses are separate and distinct from agriculture support services and agritourism.

(2) Limitations. In all zones, a farm-based business:

(a) May be carried on exclusively by a member or members of a family residing on the farm; and

(b) May employ no more than three nonresident full-time equivalent employees. (Ord. O20260003 § 1 (Att. 2); Ord. O20250005 § 2 (Exh. A))

14.18.422 Forestry.

(1) Definition. Cultivation and harvest of forest products or any forest crop, in accordance with the Forest Practices Act and any regulations adopted pursuant thereto. (Ord. O20250005 § 2 (Exh. A))

14.18.424 Forestry-based business.

(1) Definition. A commercial enterprise devoted to the direct marketing of unprocessed and/or value-added and forestry-related products that are produced or processed on-site, and which may be sold on site.

(2) Limitations. In all zones, a forestry-based business may employ no more than three nonresident full-time equivalent employees. (Ord. O20250005 § 2 (Exh. A))

14.18.430 Habitat enhancement/restoration project.

(1) Definition. Any project, including mitigation banks, private projects or public projects, designed to create, restore and/or enhance habitat for fish, birds and/or mammals and includes the alteration of the landscape by excavation or sculpting of soil and/or the alteration of hydrology. This use does not include required on-site mitigation projects associated with permitted development activities pursuant to SCC Chapter 14.24 or projects consisting exclusively of planting vegetation.

(2) In the Ag-NRL zone, a habitat enhancement/restoration project that involves off-site compensatory mitigation is prohibited. “Off-site compensatory mitigation” means any action proposed on Ag-NRL zone lands as compensatory mitigation activities, actions, or environmental impacts occurring outside Skagit County Ag-NRL zone lands. (Ord. O20250005 § 2 (Exh. A))

14.18.442 Manure lagoon.

(1) Definition. A lagoon for livestock and poultry waste.

(2) Requirements.

(a) A manure lagoon must follow construction and management guidelines set forth by USDA-NRCS. (Ord. O20250005 § 2 (Exh. A))

14.18.444 Mitigation bank.

(1) Definition. A collection of existing, created, restored, or enhanced wetlands and their protective buffers that is created or established to provide mitigation credits to offset future adverse impacts to wetlands from approved projects elsewhere pursuant to the requirements of RCW Chapter 90.84 and WAC Chapter 173-700.

(2) Mitigation banks are prohibited in all zones. (Ord. O20250005 § 2 (Exh. A))

14.18.452 Natural resource support services.

(1) Definition. Includes office uses and wholesale, retail and service businesses serving local natural resource industries, and sales, storage, parts and repair of equipment and supplies for natural resource industries. (Ord. O20250005 § 2 (Exh. A))

14.18.454 Natural resources training/research facility.

(1) Definition. A facility dedicated to training and/or research that is directly related to a natural resource, a natural resource operation, or a natural resource industry. Natural resources consist of soil (including minerals), water, animals, plants and air. (Ord. O20250005 § 2 (Exh. A))

14.18.456 Nursery/greenhouse.

(1) Definition. The storage, cultivation, or transplanting of live trees, shrubs, or plants offered for sale on or off the premises, including products used for gardening or landscaping.

(2) Wholesale nurseries do not have associated sales buildings, while retail nurseries may have associated sales buildings.

(3) Limitations in the Ag-NRL, SF-NRL, and RRc-NRL Zones.

(a) No permanent conversion of resource lands is allowed.

(b) Upon cessation of the greenhouse operation, the land must be returned to its former state or otherwise placed in resource production. (Ord. O20250005 § 2 (Exh. A))

14.18.462 Seasonal roadside stand.

(1) Definition. A small retail establishment dedicated exclusively to the sale of agricultural products and agricultural promotional items.

(2) Requirements.

(a) A seasonal roadside stand is allowed only as an accessory to an actively managed, ongoing agricultural operation.

(b) A majority of the agricultural products must be grown on site or be a product of the primary agricultural operation located in Skagit County.

(c) All agricultural promotional products must be accessory to the primary use of the stand for agricultural products and must be directly related to the agricultural operation and located solely within the stand.

(d) Signage is allowed per SCC Chapter 14.29. (Ord. O20250005 § 2 (Exh. A))

Part V. Parks and Recreation Uses

14.18.512 Campground.

(1) Definition. An area of land developed for recreational use in temporary occupancy, such as two or more tents and/or recreational vehicles.

(2) Developed Campground.

(a) Definition. A developed campground is a campground with a moderate level of amenities, including any of the following: plumbed restrooms, individual campsites or cabins with sewer and water, a dump station, laundry facilities, sports courts, on-site offices, or picnic shelters.

(3) Destination Campground.

(a) Definition. A destination campground is a campground with a high level of amenities, including the amenities of a developed campground and any of the following to serve the campground patrons:

(i) Snack bars;

(ii) Small retail shops;

(iii) Restaurants;

(iv) Recreation halls; or

(v) Other similar activities.

(b) In the Rural Reserve (RRV) zone, a destination campground is only allowed if it existed as of May 17, 2009, and it is 30 acres or less.

(i) A permitted “destination campground” is eligible for modifications to existing special use permit(s) if:

(A) The total number of camp sites does not increase from what existed on May 17, 2009;

(B) The footprint of the campground does not increase from what existed on May 17, 2009; and

(ii) All amenities listed for “Campgrounds, developed” are allowed through the permit modification process. New amenities associated with the definition of “Campground, destination” are not allowed. Additional minor improvements to the existing campground may also be allowed at the discretion of the Director, provided the improvements do not constitute expansion or intensification or result in adverse impacts to the surrounding area.

(4) Primitive Campground.

(a) Definition. A primitive campground is a campground with a minimal level of shared amenities, including vault or chemical toilets and garbage service, and which may include running water; does not include any amenities listed in developed campground or destination campground.

(b) A primitive campground must comply with SCC 14.10.070 (prohibitions on RV use as dwelling unit).

(c) In the IF-NRL and H-URv zones, a primitive campground is allowed only as long as there is no conversion of resource land and the campground does not interfere with resource management. (Ord. O20250005 § 2 (Exh. A))

14.18.532 Golf course.

(1) Definition. A recreational facility designed and developed for golf activities.

(2) A golf course may include as accessory uses:

(a) A pro shop;

(b) Snack bar (not including a restaurant); and

(3) In the BR-R zone, a golf course may include a clubhouse and restaurant in conjunction with the golf course. (Ord. O20250005 § 2 (Exh. A))

14.18.552 Off-road vehicle use areas and trails.

(1) Definition. Designated areas and trails for off-road vehicles to serve more than immediate family living on the site.

(2) Limitations in the IF-NRL and SF-NRL Zones.

(a) Such uses must be authorized by the State and must not interfere with normal forest management consistent with the Forest Practices Act. (Ord. O20250005 § 2 (Exh. A))

14.18.554 Outdoor outfitters enterprise.

(1) Definition. Hunting, fishing, bird watching and similar outdoor outfitting enterprises, not including private hunting and fishing.

(2) Outdoor outfitting opportunities may be provided by the landowner or members of his/her immediate family on a trip basis or through direct lease to a hunt club, individual or group or through sublease to a professional outdoor outfitter.

(3) General Requirements.

(a) Temporary lodging may be allowed at temporary primitive campgrounds as regulated in each district, existing lodges/cabins, or approved bed and breakfasts.

(b) No more than five self-contained RVs may be allowed with such enterprises at any one time.

(d) At least seven days must pass before registered guests may return for lodging.

(e) A site plan showing the location, size, access of proposed primitive campsites, existing lodges/cabins, and RV sites is required to be submitted with the special use application.

(4) Limitations in the Ag-NRL, IF-NRL, SF-NRL, and RRc-NRL Zones.

(a) An outdoor outfitters enterprise must remain incidental to the primary resource use of the land. “Incidental” means resulting in income and land use that supplements, but does not exceed, the primary use of the natural resource land for agricultural or forestry use.

(b) Temporary lodging is prohibited.

14.18.556 Outdoor recreational equipment rental and/or guide services.

Reserved. (Ord. O20250005 § 2 (Exh. A))

14.18.560 Park.

(1) Community Park.

(a) Defined. A park planned to provide indoor and outdoor active and structured recreation opportunities primarily for organized activities and sports, although individual and family activities are also encouraged. Sports fields are often the central focus of the park. The service area is typically a one- to two-mile radius in urban areas and can be up to 10 miles in rural areas. Appropriate facilities for community parks are listed in the Skagit County Comprehensive Parks and Recreation Plan.

(2) Park, Recreation Open Space.

(a) Defined. A park defined in the Skagit County Comprehensive Park and Recreation Plan that includes undeveloped land primarily left in its natural condition and used for passive recreation purposes, creation of separation and seclusion and as buffers between urban uses. This type of land differs from other open space categories whose primary objective is to preserve wildlife habitat or agricultural farmland. Typical recreation open space includes coastal areas, wetlands, steep hillsides, river corridor bluffs, view points or linear areas primarily designed to accommodate trail areas. These parks are designed to offer a greater level of solitude than day use parks.

(3) Regional Park.

(a) Defined. A park defined in the Skagit County Comprehensive Parks and Recreation Plan by large recreation areas that serve the residents of the entire County as well as residents from outside the immediate region. These parks generally exceed 100 acres in size and focus on unique features or facilities. Typically, regional parks provide areas for trail systems, picnicking, boating, fishing, swimming, environmental education, camping and hiking.

(4) Park, Specialized Recreation Area.

(a) Defined. Miscellaneous public recreation areas or land occupied by a specialized recreation facility as defined in the Skagit County Comprehensive Parks and Recreation Plan. These parks are generally focused around small or special interest landscaped areas, shoreline access sites, community gardens, single purpose sites used for sport fields, or sites occupied by recreation buildings such as community or senior centers. (Ord. O20250005 § 2 (Exh. A))

14.18.572 Racetrack.

(1) Definition. A designated course designed to provide competitive racing for motor vehicles, motorcycles, bicycles, animals, etc.

(2) Types of Racetrack.

(a) Indoor racetrack: a racetrack located inside a fully enclosed structure.

(b) Recreation racetrack: a race track that serves more than the people residing on site, does not include facilities for spectators, and is meant to serve the local area only.

(c) Regional racetrack: a racetrack that provides facilities for spectators and that serves the regional area. (Ord. O20250005 § 2 (Exh. A))

14.18.574 Recreation facility.

(1) Active Recreation Facility.

(a) Defined. Facilities usually of a formal nature and offering activities that are often performed with others, requiring equipment and taking place at prescribed places. This includes outdoor recreational facilities, as defined by this Chapter, plus other facilities such as go-cart tracks, paint ball courses and mini-golf utilized as businesses that might occur within an enclosed structure. Not included in this category are outdoor race tracks or shooting ranges.

(2) Outdoor Recreation Facility.

(a) Defined. A privately owned, publicly used outdoor facility for recreation, with minimal associated structures and buildings, that relies on the natural environment and that does not involve overnight stays, or include continuous operation of motorized vehicles as an inherent part of the facility’s operation. Examples include public boat launches, U-fish ponds, hot springs, and tennis courts for public use. (Ord. O20250005 § 2 (Exh. A))

14.18.576 Regional equestrian events center.

(1) Definition. A facility designed for spectator-oriented equestrian activities serving the region or State.

(2) A regional equestrian events center may consist of:

(a) A multi-use events center containing an equestrian arena, spectator seating, offices and meeting rooms, concession/kitchen area, and related restroom and parking facilities;

(b) A lighted outdoor covered arena including protected area for spectators and equestrian tacking activities; barns to provide temporary stabling during equestrian events; and

14.18.582 Shooting club.

(1) Definition. An activity or use of land or a facility for the purposes of discharging firearms in any organized fashion, such as a club or group, as opposed to an individual’s periodic discharge of a firearm.

(2) Types.

(a) Indoor shooting club.

(b) Outdoor shooting club.

(3) In the IF-NRL, SF-NRL, and RRc-NRL zones:

(a) No associated enclosed structures are allowed except as needed for emergency communication and safety equipment.

(b) No conversion of resource land is allowed. (Ord. O20250005 § 2 (Exh. A))

14.18.584 Stables and riding club.

(1) Definition. A facility designed for equestrian activities and events, including boarding, breeding and training facilities.

(2) A stables and riding club may offer occasional spectator events but is intended primarily for routine daily equestrian activities.

(3) Limitations in the H-URv and RRc-NRL Zones.

(a) The use must be accessory to the existing resource base.

(b) No new structures may be constructed. (Ord. O20250005 § 2 (Exh. A))

14.18.592 Trail.

Reserved. (Ord. O20250005 § 2 (Exh. A))

14.18.594 Trailhead.

(1) Definition. A trail access point.

(2) Types of Trailhead.

(a) Primary trailhead: a staging area provided for trail access including trail orientation and information and that provides the necessary unloading features. Primary trailheads should have restrooms and trash receptacles.

(b) Secondary trailhead: trail access points having limited development. Supporting features might include a small unpaved parking area and signage. (Ord. O20250005 § 2 (Exh. A))

Part VI. Storage Uses

14.18.612 Commercial equipment storage.

Reserved. (Ord. O20250005 § 2 (Exh. A))

14.18.642 Hazardous waste storage.

(1) Definition. The holding of hazardous waste as regulated by the State of Washington Dangerous Waste Regulations, WAC Chapter 173-303.

(2) Restrictions.

(a) The hazardous waste must be stored on the site on which it was generated.

(b) The hazardous waste may be held only for a temporary period, until it can be properly disposed of. (Ord. O20250005 § 2 (Exh. A))

14.18.650 Outdoor storage.

(1) Definition. Outdoor storage of various types of materials, not including:

(a) Hazardous materials as defined in SCC 14.04.020;

(b) Junk as defined in SCC 14.04.020 and as prohibited by SCC 14.10.070;

(2) Types. Outdoor storage consists of four types as described by the table below:

Type	Materials	Volume	Potential Health Hazard
Type 1	Natural	≤ 500 cubic yards	No
Type 2	Any	≤ 50 cubic yards	Allowed
Type 3	Natural	> 500 cubic yards	No
Type 4	Any	> 50 cubic yards	Allowed

(Ord. O20250005 § 2 (Exh. A))

14.18.660 Petroleum products and gas storage—Bulk.

Reserved. (Ord. O20250005 § 2 (Exh. A))

14.18.690 Vehicle storage facility.

(1) Definition. A commercial enterprise devoted to the storage of personal vehicles, including unlicensed/inoperable vehicles.

(2) Restrictions.

(a) A vehicle storage facility does not include establishments where the principal use is the rental or sale of vehicles. (Ord. O20250005 § 2 (Exh. A))

Part VII. Transportation Uses

14.18.720 Aircraft hangar.

(1) Definition. A building or structure used for the storage of aircraft and activities related thereto (i.e., offices, pilots’ lounge, waiting area, terminal area, shop area, assembly area). (Ord. O20250005 § 2 (Exh. A))

14.18.722 Aircraft landing field.

(1) Definition. An aircraft landing field for private, noncommercial use.

(2) Limitation in the Ag-NRL, IF-NRL, SF-NRL, and RRc-NRL Zones.

(a) The use is allowed only as an accessory to the resource use.

(b) The use is allowed only if there is no other viable alternative to providing the service on NRL lands. (Ord. O20250005 § 2 (Exh. A))

14.18.760 Park and ride.

(1) Definition. A designated parking facility specifically intended for use by public transportation and ridesharing patrons. (Ord. O20250005 § 2 (Exh. A))

14.18.780 Transit station.

(1) Definition. A dedicated transit facility located outside of the public right-of-way where several transit routes converge. A transit station is designed to accommodate several buses at once, and may include passenger shelters and waiting areas. (Ord. O20250005 § 2 (Exh. A))

14.18.782 Transit stop.

Reserved. (Ord. O20250005 § 2 (Exh. A))

14.18.790 Vehicle charging station.

(1) Definition. A facility for the charging of vehicles designed for operation on ordinary roads carrying passengers or larger cargo, including a battery exchange station as defined in RCW 36.70A.695.

(2) Limitation in the IF-NRL Zone.

(a) The use must be accessory to a primary or secondary trailhead or regional park.

(b) No conversion of resource land is allowed.

(3) Limitation in the SF-NRL Zone.

(a) The use must be accessory to a primary or secondary trailhead or park. (Ord. O20250005 § 2 (Exh. A))

14.18.792 Vehicle fueling station.

(1) Definition. A facility for the fueling of vehicles designed for operation on ordinary roads carrying passengers or larger cargo. (Ord. O20250005 § 2 (Exh. A))

Part VIII. Utility Uses

14.18.820 Drainage maintenance.

(1) Definition. Any activity that is necessary to keep a stormwater and drainage facility in good working order so as to function as designed.

(2) Requirements.

(a) Maintenance must include complete reconstruction of a stormwater and drainage facility if reconstruction is needed in order to return the facility to good working order.

(b) Maintenance must include the correction of any problem on the site property that may directly impair the functions of the stormwater and drainage facilities. (Ord. O20250005 § 2 (Exh. A))

14.18.830 Impoundment.

(1) Definition. A natural topographic depression, manmade excavation, or diked area, which is designed for livestock watering, irrigation, recreation, wildlife habitat, fish rearing, or property enhancement. Impoundments do not include stormwater management ponds. (Ord. O20250005 § 2 (Exh. A))

14.18.840 Net metering system.

(1) Definition. As defined in RCW 80.60.010, a facility for the production of electrical energy that generates renewable energy, and that: (a) has an electrical generating capacity of not more than 100 kilowatts; (b) is located on the customer-generator’s premises; (c) operates in parallel with the electric utility’s transmission and distribution facilities; and (d) is intended primarily to offset part or all of the customer-generator’s requirements for electricity. For purposes of this Title, net metering systems are of two types:

(a) Net metering system, solar: a net metering system that uses solar energy to generate electrical power.

(b) Net metering system, wind: a net metering system that uses wind energy to generate power.

(2) Requirements. Reserved. (Ord. O20250005 § 2 (Exh. A))

14.18.860 Recycling drop box facility.

(1) Definition. A facility used for receiving residential-generated and consumer source-separated, nonputrescible recyclables such as the following: cardboard, paper, tin and/or aluminum cans, glass containers, and recyclable plastics.

(2) Requirements.

(a) Recyclables must be immediately deposited into covered container(s) that together do not exceed a total volume of 50 cubic yards.

(b) Recycling drop box facilities must not be used for outdoor storage, long-term storage, stockpiling, processing, or final disposal of waste; generate dust, fumes, odors, leachate, or similar nuisances; or attract pests.

(c) Recycling drop box facilities must operate unmanned or manned by an attendant whose duties are limited to directing the deposit of waste, cleanup, and the removal of solid waste containers; and be designed to serve a small, local community.

(d) Waste or recycling containers with a combined total volume of 10 cubic yards or less are not considered a land use regulated under this Title.

(e) Where a recycling drop box facility is listed as an accessory use, it must be accessory to a permitted public, institutional, commercial, or industrial use. (Ord. O20250005 § 2 (Exh. A))

14.18.862 Repair, replacement, and maintenance of water lines.

(1) Definition. Reserved. (Ord. O20250005 § 2 (Exh. A))

14.18.870 Utility development.

(1) Definition. Includes, but is not limited to, facilities and services that generate, transport, process, or store water, sewage, solid waste, electrical energy, communications and pipelines for fuel, oil, natural gas, and petroleum products.

(2) Types. A utility development is one of the following types:

(a) Minor: an unmanned utility development designed to serve a small local community that would be considered a normal utility service for the area.

(b) Major: a utility development that is not a minor utility development or a major regional utility development.

(3) Limitations in the Ag-NRL, H-URv, IF-NRL, SF-NRL, and RRc-NRL Zones.

(a) Except as provided in Subsection (3)(b) of this Section, a utility development must be designed to minimize the amount of resource lands utilized and comply with the following:

(ii) The applicant has proven that there is no other viable alternative to providing the expansion in the zone or on nonnatural resource lands.

(b) A major utility development may be sited when there is no other viable parcel in the zone or nonresource designated land to serve the affected area. The applicant must demonstrate the need to locate the use in zone and must provide analysis of alternatives to the development of the use within the zone.

(4) Limitations in the Ag-NRL Zone.

(a) A minor utility development (including those that are a necessary part of a salmon recovery or enhancement project, including stormwater management projects) or a major utility development may be sited only when there is no other viable parcel of nonagricultural land to locate the project. Analysis of alternatives to the development of the utility in the natural resource land must be provided.

(b) A major utility development involving the generation and/or storage of electricity is prohibited. (Ord. O20250005 § 2 (Exh. A))

14.18.890 Water diversion structure.

(1) Definition. Reserved. (Ord. O20250005 § 2 (Exh. A))

Code reviser’s note: Ord. O20260003 adds this section as 14.18.262. It has been editorially renumbered to prevent duplication of numbering.