DIVISION I. GENERAL PROVISIONS
Chapter 15.05
GENERAL PROVISIONS
Sections:
15.05.060 Relationship to comprehensive plan.
15.05.070 Rules of interpretation.
15.05.010 Title.
The ordinance codified under this code shall be known as the Uniform Development Code of the town of La Conner. [Ord. 671 § 1.1, 1995.]
15.05.020 Authority.
This code is enacted pursuant to all the provisions and authority of the town, specifically including the requirements and authority of Chapter 36.70A RCW (the Washington State Growth Management Act). [Ord. 671 § 1.2, 1995.]
15.05.030 Applicability.
(1) General Applicability. Except as specifically provided below, the provisions of this code shall apply to all development in the town of La Conner, and no development shall be undertaken without prior authorization pursuant to this code.
(2) Exceptions – Previously Issued and Pending Development Permits. The provisions of this code and any amendments thereto shall not affect the validity of any lawfully issued and effective development permit or to any completed permit application permitted prior to the effective date of this code; provided, that the development activity continues without interruption and in compliance with the permit (except due to war or natural disaster) until the development is complete. If the development permit expires, any further development on the site shall occur only in conformance with the requirements of this code or amendments thereto.
(3) Consistency with the Town of La Conner Comprehensive Plan. Nothing in this code shall be construed to authorize development that is inconsistent with and does not further the framework and policy direction provided for in the adopted comprehensive plan. [Ord. 671 § 1.3, 1995.]
15.05.040 Findings.
(1) Washington State law requires local governments planning under RCW 36.70A.040 to enact a land development code which is consistent with and implements the local comprehensive plan.
(2) Controlling the location, design and construction of development within the town of La Conner is necessary to maintain and improve the quality of life for its residents and visitors.
(3) A single set of administrative procedures for making all land use decisions promotes efficiency, predictability, and citizen participation.
(4) All development proposals should undergo a development review process to assure compliance with the requirements of this code.
(5) Enforcement of development orders and the provisions of this code should be through procedures that are efficient, effective and consistent with the enforcement procedures established by state law. [Ord. 671 § 1.4, 1995.]
15.05.050 Purpose.
The purpose of this code is to:
(1) Implement the town’s comprehensive plan as required by the state of Washington’s Growth Management Act, Chapter 36.70A RCW;
(2) Further the objectives and goals of the comprehensive plan by assuring orderly community growth, conserving the value of property, and safeguarding the public health, safety and welfare through land use and development regulations which:
(a) Promote appropriate and compatible land uses;
(b) Provide for efficient and safe traffic flow;
(c) Provide for adequate light, air, access and privacy and open space;
(d) Provide for relief from manmade or natural hazards;
(e) Provide an appropriate allotment of land for all requirements of community life;
(f) Preserve and restore the historic value, artistic, and cultural traditions of La Conner;
(g) Conserve the town’s natural beauty and resources;
(h) Encourage coordinated development;
(i) Provide a predictable development atmosphere;
(3) Establish the regulations, procedures and standards for review and approval of all proposed development within the town’s boundaries;
(4) Provide specific procedures to ensure that development orders and permits are conditioned on the availability of public facilities and services that meet adopted levels of service and concurrency management standard requirements and ensure development is consistent with the comprehensive plan;
(5) Adopt a development review process that is efficient in terms of time and expense, effective in terms of addressing the natural resource and public facility implications of proposed development, and equitable in terms of consistency with established regulations and procedures, respect for the rights of property owners, and consideration of the interests of the citizens of the town;
(6) Ensure that all development proposals are thoroughly and efficiently reviewed for compliance with the requirements of this code, the town comprehensive plan, and other applicable regulations. [Ord. 671 § 1.5, 1995.]
15.05.060 Relationship to comprehensive plan.
The adopted uniform land development code for the town of La Conner is a means to implement the goals and policies of the comprehensive plan relating to land use, housing, utilities, transportation, storm water management, floodplain management, protection of environmentally sensitive areas, and cultural resources. [Ord. 671 § 1.6, 1995.]
15.05.070 Rules of interpretation.
(1) Interpretation. The provisions of this code shall be held to the minimum requirements for protection of public health, safety and general welfare.
(2) Compliance with the comprehensive plan, and where applicable, to the shoreline master program will be required.
(3) Private Agreements. This code supersedes a private agreement only when this code is more restrictive or imposes higher standards.
(4) Status of Nonconforming Uses. No building, structure, or use which was lawful prior to this code shall become unlawful solely by reason of the adoption of this code, except as provided in LCMC 15.125.010, Existing Nonconforming Development.
(5) For the purpose of this code certain terms or words used shall mean the following:
(a) “Person” means an individual, trustee, executor, other fiduciary, corporation, firm, partnership, association, organization, or other entity acting as an individual.
(b) Tense. Present tense shall include the future tense.
(c) Number. Words in the singular shall include the plural, and words in the plural number shall include the singular.
(d) Verb Tense. “Shall” and “will” are considered mandatory directives or requirements; “may” and “should” are considered to be expectations.
(e) Written or In Writing. The term “written” or “in writing” shall be construed to include any physical representation of words, letters or figures, whether by printing or otherwise.
(f) “Year” means a calendar year.
(g) “Day” means a calendar day, unless a working day is indicated. In computing any period of time prescribed by this chapter within which an act is to be done, the time shall be computed as follows: The first day shall be excluded and the last day shall be included, unless the last day is a holiday, a Saturday, or a Sunday, in which case that day is also excluded. Time periods of six days or less shall not include weekends or legal holidays.
(h) Boundaries. Interpretations regarding boundaries of land use classifications shall be made in accordance with the following:
(i) Boundaries shown as following or approximately following any street shall be construed as following the center line of the street.
(ii) Boundaries shown as following or approximately following any platted lot line or other property line shall be construed as following such line.
(iii) Boundaries shown as following or approximately following section lines, half-section lines, or quarter-section lines shall be construed as following such lines.
(iv) Boundaries shown as following or approximately following natural features shall be construed as following such features.
(v) Vacated streets and alleys shall assume the zone classification of abutting property with the former center line as the new boundary.
(vi) When any uncertainty exists as to zone boundaries, the planning commission and/or town council may require the interested parties to determine the location of boundaries by survey.
(6) All activities that are not permitted as a right or by permit shall be prohibited. [Ord. 1222 § 2, 2023; Ord. 906 § 3, 2003; Ord. 671 § 1.7, 1995.]
15.05.080 Boundaries – Map.
This code consists of the text together with a map (Appendix A), which is on file at the office of the town clerk, showing the boundaries of different use districts. Unless otherwise specified the zone boundary lines are the center lines of the street, public alleys, highways or waterways. In the case of navigable water, the center line of the Swinomish Channel shall be the boundary line. The Historic Preservation District overlies portions of the commercial, residential, and public zones. [Ord. 671 § 1.8, 1995.]
15.05.090 Annexations.
At the time of annexation, after proper public hearing, evaluation, and recommendation by the planning commission based upon the comprehensive plan and the current use of the area, the town council will assign to the area an appropriate zoning classification. Annexation procedures are outlined in Chapter 15.125 LCMC. [Ord. 671 § 1.9, 1995.]