Division 5 Special Permits
Chapter 14.51
SPECIAL USE PERMITS
Sections:
14.51.030 Types of special use permit.
14.51.040 Application requirements.
14.51.080 Annual self-certification.
14.51.010 Purpose.
The purpose of this Chapter is to provide a means to approve land uses not specifically identified as allowed uses when they are compatible with the zone. (Ord. O20250005 § 2 (Exh. A))
14.51.020 Applicability.
This Chapter applies to special use permits other than special use permits for mining, which are regulated by SCC Chapter 14.52. (Ord. O20250005 § 2 (Exh. A))
14.51.030 Types of special use permit.
(1) There are two types of special use permits:
(a) Administrative special use permits; and
(b) Hearing Examiner special use permits.
(2) The decisionmaker and type of review for each type of special use permit is as specified in SCC 14.06.150. (Ord. O20250005 § 2 (Exh. A))
14.51.040 Application requirements.
(1) In addition to the general application requirements of SCC 14.06.230, an application for a special use permit must include a narrative or other information that describes:
(a) How the proposed use will comply with the requirements of SCC 14.51.050;
(b) How the proposed use will comply with each of the applicable use standards, and any specific application requirements, in SCC Chapter 14.18;
(c) The proposed use;
(d) The days and hours the use will be open;
(e) The number of employees the use will have on site and off site;
(f) Employees’ working hours;
(g) The location and size of any signs proposed to advertise the use;
(h) How the use would be screened (e.g., fences, landscaping) from public view;
(i) The proposed parking area;
(j) The schedule, including any phasing, for development of the use;
(k) The expected traffic impact of the use on public roads;
(l) Any internal road system the use will have;
(m) How the use will be accessed;
(n) Any heat from machinery or equipment that the use will generate;
(o) Any noise, odors, steam, smoke, dust, or vibrations the use will generate;
(p) Any heavy equipment or machinery the use will use;
(q) Any chemicals, waste oil, solvents, fuel, etc., the use will use or store;
(r) A plan for disposal of any chemicals;
(s) A plan to prevent trespassing by employees, customers, or visitors to adjoining property;
(t) Any building to be used or constructed, including the size, height and construction type;
(u) The sewage disposal plan for employees and the public;
(v) The water supply for employees and the public;
(w) Any fire flow issues and how they will be addressed.
(2) Any building involved in the use must be shown on the site plan.
(3) The burden of proof is on the applicant to provide evidence in support of the application. (Ord. O20250005 § 2 (Exh. A))
14.51.050 Review criteria.
(1) The criteria for review of an application for a special use include the following:
(a) The proposed use complies with Skagit County Code;
(b) The proposed use will not adversely affect or prevent those uses normally allowed in the zone;
(c) The proposed use will be compatible with existing and planned land uses;
(d) The proposed use will comply with the performance standards of SCC Chapter 14.20;
(e) The proposed use will not generate intrusions on privacy of surrounding uses;
(f) The proposed use will not cause potential adverse effects on the health, safety, and welfare of the community or general public;
(g) The proposed use will be supported by adequate public facilities or services and will not adversely affect public services to the surrounding areas, or conditions can be established to mitigate adverse impacts on such facilities;
(h) The proposed use will maintain the character, landscape, and lifestyle of the rural area;
(i) For special uses in Industrial Forest—Natural Resource Lands, Secondary Forest—Natural Resource Lands, Agricultural—Natural Resource Lands, and Rural Resource—Natural Resource Lands, the impacts on long-term natural resource management and production will be minimized.
(2) For new uses, proximity to existing businesses operating via special use permit must be reviewed and considered for cumulative impacts. Approved special uses identifiable through the Department’s permit tracking system must be mapped upon request. (Ord. O20250005 § 2 (Exh. A))
14.51.060 Decisions.
(1) The decisionmaker may approve, approve with conditions, or deny an application.
(2) The decisionmaker must include conditions requiring the use to comply with any applicable use regulations in SCC Chapter 14.18. (Ord. O20250005 § 2 (Exh. A))
14.51.070 Revocation.
The Hearing Examiner has the authority to order that a special use permit (including an administrative SUP) be revoked, suspended, or modified based on a finding that the conditions have not been satisfied by the applicant. The Director or party of record may request a review by the Hearing Examiner on a special use permit subject to the type of review specified in SCC 14.06.150. (Ord. O20250005 § 2 (Exh. A))
14.51.080 Annual self-certification.
(1) A property owner operating a use pursuant to an issued, active special use permit must annually report in writing to the Department:
(a) Whether the use is ongoing; and
(b) Whether the use complies with the special use permit approval, including any conditions of approval.
(2) A use that is not certified as ongoing and in compliance pursuant to Subsection (1) of this Section, or that the Director reasonably believes is not ongoing or in compliance, is subject to a determination of abandonment per SCC Chapter 14.07 or enforcement per SCC Chapter 14.09, or both. (Ord. O20250005 § 2 (Exh. A))