Chapter 19.43
O-S – OPEN SPACE
Sections:
19.43.020 Permitted primary uses.
19.43.030 Uses requiring permit.
19.43.040 Additional regulations.
19.43.050 Area and dimensional regulations.
19.43.060 Supplemental development standards.
19.43.010 Intent.
It is the intent of this chapter to encourage desirable and appropriate land uses in areas of the town which by reason of location, soil, topographic or flooding characteristics, public ownership, wetlands, wildlife habitat, or values to the community for scenic, recreation, agriculture, forest, or open space, are not suited to intensive land development patterns as determined by the comprehensive plan and may require specific management or development techniques. Use of this district may also allow for special assessment as open space under the provisions of Skagit County’s open space taxation program. This district shall not, however, be construed as guaranteeing open space land valuation. To secure such assessment, application must be made to the county assessor as set forth in Skagit County law. [Ord. 426 § 10.43.010, 1998]
19.43.020 Permitted primary uses.
Hereafter, all buildings, structure, or parcels of land shall only be used for the following, unless otherwise provided for in this title:
(1) Agriculture, including crop land but specifically excluding livestock and poultry, machinery and equipment sheds or barns.
(2) Conservation areas including forest, wetlands and wildlife preserves.
(3) Parks, natural scenic areas, trails, walking and bicycle paths, excluding commercial amusement devices or operations.
(4) Playgrounds or playfields, including restrooms, storage buildings and refreshment stands.
(5) Reclamation areas limited to soil, forest, wildlife special flood risk or wetland.
(6) Community centers, recreational buildings, band shells and similar facilities.
(7) Parking facilities to support the permitted uses identified in this chapter.
(8) One single-family residential dwelling unit per lot. [Ord. 426 § 10.43.020, 1998]
19.43.030 Uses requiring permit.
The following uses may be permitted when a conditional use permit has been issued pursuant to the provisions of this title:
(1) Uses similar to and compatible with the permitted uses. Conditional uses may not decrease the openness or interfere with the scenic or habitat value of the land.
(2) Installation of various public utilities into or across open space zones, and clearing of a vegetated natural area for one of the permitted uses listed above, subject to the following:
(a) In addition to the conditional use criteria of Chapter 19.68 CMC, it shall be shown that the intrusion is necessary to provide services to the open space for public benefit or safety; or for physical or technical reasons, and that no reasonable alternative is practicable.
(b) The design and plan shall create the minimum of surface and vegetation disturbance necessary to accomplish its purpose.
(c) Underground of utilities shall be encouraged and required where site characteristics are suitable.
(3) Publicly owned golf courses and associated clubhouses.
(4) Hydroelectric power generation facilities and related and ancillary structures and facilities. [Ord. 426 § 10.43.030, 1998]
19.43.040 Additional regulations.
(1) Where open space zoning is established along a creek, or slough, and other property owners may continue mowing, gardening, or other normal maintenance activities.
(2) Protection and enhancement of water quality shall be required, including no excessive dumping of yard waste, no use of chemical pesticides or herbicides in wetlands or on water, and no dumping of hazardous waste, litter, rubbish or any materials further regulated by Chapter 8.04 CMC. [Ord. 426 § 10.43.040, 1998]
19.43.050 Area and dimensional regulations.
(1) Minimum Setback Requirements.
(a) Buildings and other structures shall be located a minimum of 50 feet from any lot in a residential zone.
(b) Sports play areas and parking lots shall be located to minimize disruption of nearby residential uses.
(2) Maximum building height: Two stories not to exceed 35 feet.
(3) Minimum lot size: 10 acres.
(4) Parking: see Chapter 19.54 CMC.
(5) Landscaping: see Chapter 19.50 CMC.
(6) Signs: see Chapter 19.63 CMC.
(7) Performance standards: see Chapter 19.48 CMC. [Ord. 426 § 10.43.050, 1998]
19.43.060 Supplemental development standards.
No on-site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use, subject to the requirements of the Uniform Fire Code. [Ord. 426 § 10.43.060, 1998]