Chapter 14.28
SETBACKS
Sections:
14.28.030 Setback requirement.
14.28.060 Typical lot configurations.
14.28.070 Allowed projections into setbacks.
14.28.080 Agreement in lieu of setback.
14.28.110 Sight triangle at intersections.
14.28.120 Exclusion from easements.
14.28.010 Purpose.
The purpose of this Chapter is to define standard distances from structures to property boundaries to provide safety, privacy, parking, and aesthetic harmony within communities and neighborhoods. (Ord. O20250005 § 2 (Exh. A))
14.28.020 Applicability.
This Chapter applies to all buildings and structures and lots in unincorporated Skagit County. (Ord. O20250005 § 2 (Exh. A))
14.28.030 Setback requirement.
(1) An application for a project permit must observe the minimum setbacks applied by this Chapter and adopted for the subject zone in Division 1 of this Title.
(2) Effect of Setback.
(a) No structure or portion of a structure may be located within the minimum setback applicable to a lot except as permitted in this Chapter.
(b) The area within a setback must remain free of junk.
(3) Measurement. All setbacks must be measured at right angles, or as near to right angles as possible, to the nearest property line in a plane horizontal to the ground.
(4) Typical Lot Configurations. For a lot configuration that is substantially similar to a lot configuration shown in SCC 14.28.060, the Director must determine applicability of setbacks consistent with that Section.
(5) Atypical Lot Configurations. For a lot configuration that is not described in this Chapter, the Director must determine applicability of setbacks as an administrative decision in compliance with the following criteria:
(a) Required setbacks must implement the purpose of the setback;
(b) Required setbacks must not permit the placement of buildings on the site in a manner that will constitute a grant of special privileges inconsistent with the limitations placed on other properties in the vicinity and incompatible with surrounding uses.
(6) Application of setbacks under this Chapter may be modified by a variance, except that:
(a) A variance may not modify the 100 percent height of tower setbacks as required per SCC Chapter 14.59 for wireless facility services.
(7) The Director may reduce setbacks within natural resource lands when one or more of the following situations would otherwise preclude reasonable development of the property:
(a) Existing Structures. Existing structures are located within the setback area, and allowing new structures to be located within the setback area close to the existing structures will assist in resource operations.
(b) Road Right-of-Way as Part of Building Setback Calculation. Where a natural resource land abuts right-of-way, the Director may reduce the setback by including the right-of-way footage in the setback calculation.
(8) The setbacks described in this Chapter are minimum setbacks. Other setbacks may be required by other Code sections, including:
(a) The Code section for the applicable zone in Division 1 of this Title;
(b) SCC Chapter 14.24, Critical Areas;
(c) SCC Chapter 14.48, Shorelines;
(d) SCC Chapter 12.05, On-Site Sewage Code—Rules and Regulations;
(e) Drinking water code provisions for well protection in SCC Chapter 12.48;
(f) The applicable building code adopted under SCC Title 15. (Ord. O20250005 § 2 (Exh. A))
14.28.040 Setback exemptions.
(1) The setback rules in this Chapter (SCC 14.28.030 through 14.28.080) do not apply to:
(a) Fences six feet in height or less (except see SCC 14.14.200 for Guemes Island);
(b) Fences eight feet or less in height in the RVC, RC, RFS, SSB, RB, NRI, RMI, BR-LI, BR-HI, URC-I, AVR, and AVR-L zones;
(c) Retaining walls four feet in height or less, measured from top of footer to top of wall;
(d) Freestanding signs;
(e) Paved areas;
(f) Landscaping;
(g) Bus stops and shelters;
(h) Electrical equipment cabinets and similar utility boxes and vaults;
(i) Elective vehicle charging stations;
(j) Fire hydrants and associated appendages;
(k) Light poles and flagpoles;
(l) Mailboxes, newspaper boxes, and free neighborhood book exchange boxes;
(m) Trellises and open, unroofed gazebos not exceeding eight feet in height;
(n) Utility poles and lines;
(o) Underground utilities and sprinkler systems;
(p) Uncovered ramps added to an existing building for the specific purpose of accessibility for persons with disabilities when no other reasonable location is available;
(q) Rockeries and retaining walls;
(r) Stormwater facilities and elements of stormwater best management practices, unless a minimum setback is otherwise specified in this Title or in the Stormwater Management Manual. (Ord. O20250005 § 2 (Exh. A))
14.28.050 Types of setbacks.
There are four types of setbacks regulated by this Chapter:
(1) Front Setback.
(a) A front setback is required from the lot line that contains the lot’s primary access from a:
(i) Highway;
(ii) City street;
(iii) County road; or
(iv) A private road that appears on the County’s private road list.
(b) A front setback is measured from the street right-of-way to a line parallel to and measured perpendicularly from the street right-of-way at the depth prescribed for each zone.
(2) Secondary Front Setback.
(a) A secondary front setback is required from a lot line that does not contain the lot’s primary access but has frontage on a:
(i) Highway;
(ii) City street;
(iii) County road; or
(iv) A private road that appears on the County’s private road list.
(b) The secondary front setback is always 10 feet, except where the secondary front setback would be opposite the front setback, a rear setback is required if it would be larger than a secondary front setback (e.g., through lot in Figure 14.28.060-2).
(3) Interior Side Setback.
(a) An interior side setback is required from all lot lines that do not have front or rear setbacks.
(b) The interior side setback is measured from the interior side lot line adjacent to another property to a line parallel to and measured perpendicularly from the interior side lot lines at the depth prescribed for each zone.
(c) Exception: No interior side setback is required between individual units within a townhouse building, where allowed.
(4) Rear Setback.
(a) A rear setback is required from the lot line opposite the lot line having the front setback.
(b) The rear setback is measured from a line parallel to and measured perpendicularly from the rear lot line at the depth prescribed for each zone.
(c) Not all lot shapes require rear setbacks, e.g., triangle lots (see SCC 14.28.060(3)). (Ord. O20250005 § 2 (Exh. A))
14.28.060 Typical lot configurations.
This Section demonstrates the applicability of setbacks to typical lot shapes and configurations.
(1) Typical Rectangular Lot.
(a) This Subsection applies to a lot that is roughly rectangular and has frontage on a single street.
(b) The lot has a front setback from the street on which it has frontage.
(c) The lot has a rear setback from the lot line opposite from the street frontage.
(d) The lot has interior side setbacks from the other lot lines.
Figure 14.28.060-1
(2) Corner Rectangular Lot or Through Lot.
(a) This Subsection applies to a lot that is roughly rectangular and has frontage on two streets, either on a corner or on opposite sides.
(b) The lot has a front setback from the street that provides the property’s primary access. The other opposite frontage has a rear setback.
(c) The lot has a rear setback from the lot line opposite the street that provides the property’s primary access, except if that lot line is on a street, the setback is a side street setback.
(d) The lot has interior side setback(s) from the other side(s) of such a lot.
Figure 14.28.060-2
(3) Corner Triangle Lot.
(a) This Subsection applies to a lot that is roughly triangular and has frontage on two streets, on a corner.
(b) The lot has a street setback from the street that provides the property’s primary access.
(c) The lot has no rear setback.
(d) The lot has an interior side setback from the lot line opposite the road intersections.
Figure 14.28.060-3
(4) Flag (“Panhandled”) Lot and Landlocked Lot.
(a) This Subsection applies to a lot that sits behind another lot and obtains access to the main access road via (i) an access up to 30 feet wide that is a portion of the lot or (ii) via an access easement that is not a portion of the lot.
(b) The lot does not have a street setback or side street setback.
(c) The lot has a rear setback from the lot line opposite from the access corridor (the pole of the flag).
(d) The lot has interior side setbacks from all other lot lines.
Figure 14.28.060-4
(5) L-Shaped Lot.
(a) This Subsection applies to a lot that sites behind another lot and has frontage upon a street with a portion of the lot that is narrower than most of the lot, where the narrower portion of the lot is 30 feet or more in width.
(b) The lot has a street setback from the street that provides the property’s primary access.
(c) The lot has a rear setback from the lot line opposite the street.
(d) The lot has interior side setbacks from all other lot lines.
Figure 14.28.060-5
(6) Pie-Shaped Lot or Other Irregular Lot.
(a) This Subsection applies to a lot that is narrower at one end than the other, as is typical of lots arranged around a circular cul-de-sac, and may be applied to other such irregularly shaped lots.
(b) The lot has a street setback (or side street setback) from the street (e.g., from the cul-de-sac).
(c) The lot has a rear setback on the side or corner opposite from the cul-de-sac. For a corner, the rear setback must be measured from a line that is the length of the minimum lot width for the zone, within the lot, that is parallel to and at the maximum distance from the front lot line.
(d) The lot has interior side setbacks from all other lot lines.
Figure 14.28.060-6
(7) Split Lot.
(a) This Subsection applies to a lot that is bisected by a highway, county road, or private road that appears on the County’s private road list.
(b) The lot has a street setback from the street on the portion of the lot with the lot’s primary access. The other frontage has a secondary/rear setback.
(c) The lot has a secondary/rear setback from either lot line opposite the street.
(d) The lot has interior side setback(s) from the other side(s) of such a lot.
Figure 14.28.060-7
(Ord. O20250005 § 2 (Exh. A))
14.28.070 Allowed projections into setbacks.
(1) The following elements may project into the required setback a distance of not more than 30 percent of the required setback, and in no case may they be closer than two feet to any lot line:
(a) Cornices;
(b) Canopies;
(c) Eaves;
(d) Sills;
(e) Fireplaces;
(f) Flues;
(g) Ornamental features; and
(h) Other similar features.
(2) The following elements may project into the required setback up to one foot from the property line:
(a) Uncovered and unenclosed ground-story porches and decks that are less than 30 inches above grade. (Ord. O20250005 § 2 (Exh. A))
14.28.080 Agreement in lieu of setback.
(1) In lieu of observing an interior or secondary/rear setback, an applicant may include in their application an agreement with the adjoining property owner(s) that would otherwise benefit from the setback.
(2) The agreement must contain:
(a) Identification of the owners of the properties involved;
(b) The legal description of the grantor’s property;
(c) The legal description of the grantee’s property;
(d) A description of the subject structure;
(e) A promise by the grantor, binding on grantor’s heirs, successors, and assigns, to not object to grantee’s construction of the subject structure within the standard setback;
(f) A right of grantee’s access to maintain the subject structure.
(3) The agreement must be executed by all owners of both properties, acknowledged, and recorded.
(4) Minimum building separation under the applicable building code must be maintained. (Ord. O20250005 § 2 (Exh. A))
14.28.110 Sight triangle at intersections.
At the intersection of public roads, nothing may be erected, placed, planted, or allowed to grow in such a manner as to materially impair vision between a height of two and one-half feet and 10 feet above the centerline grades of the intersecting streets within a triangle formed by the road right-of-way lines of such corner lots and a diagonal line joining points located 20 feet from the point of their intersection.
Figure 14.28.110-1 Vision Triangle Examples
(Ord. O20250005 § 2 (Exh. A))
14.28.120 Exclusion from easements.
(1) An application for a project permit may not locate any structure (including any portion of a structure, such as roof overhangs) within an easement that prohibits such a structure.
(2) The County may deny an application that proposes a structure in conflict with this Section when, in the County’s judgment, the proposed structure is contrary to the terms of the easement.
(3) Limitations. This Section:
(a) Does not create any right to enforcement of a private easement by the grantor or any third party;
(b) May not be the basis for the grantor’s or a third party’s appeal of a decision on a project permit application. (Ord. O20250005 § 2 (Exh. A))