Chapter 14.02
GENERAL PROVISIONS
Sections:
14.02.040 Rules of interpretation.
14.02.050 Electronic communication.
14.02.070 Office of Hearing Examiner.
14.02.080 Planning Commission.
14.02.010 Purpose.
The purpose of this Title is to implement the Revised Code of Washington (RCW) and the Skagit County Comprehensive Plan on matters concerning land and building development and other related issues. It is the further purpose of this Title to:
(1) Conserve Skagit County’s resources;
(2) Provide adequate open spaces for light, air, and reducing the hazards of fires;
(3) Provide the economic and social advantages that result from orderly, planned use of land resources;
(4) Facilitate energy conservation and the use of renewable energy resources;
(5) Enhance the livability and quality of housing;
(6) Provide for desirable, appropriately located living areas in a variety of dwelling types with a suitable range of population densities;
(7) Provide for affordable housing;
(8) Provide for the preservation of adequate space for commercial, industrial, and other activities necessary for a healthy and diversified economy;
(9) Provide for the preservation of historically or archaeologically significant land resources;
(10) Lessen congestion of streets;
(11) Lessen reliance on the single-occupant automobile and increase opportunities for using high-occupancy vehicles and nonmotorized methods of travel for trips to work, shopping and other daily and recreational activities;
(12) Enhance predictability regarding future development so that decisions can be made regarding future development;
(13) Provide for judicious, efficient, timely, and reasonable administration respecting due process set forth in this Title and other applicable laws; and
(14) Protect and promote the public health, safety and general welfare, with respect for private property and private property rights. (Ord. O20240005 § 1 (Exh. A); Ord. 17938, Attch. F (part), 2000)
14.02.020 Applicability.
This Title applies to all land within unincorporated Skagit County except as allowed by law. (Ord. O20240005 § 1 (Exh. A); Ord. O20150002 § 3 (Att. 2); Ord. O20050007 § 15: Ord. O20030011 (part): Ord. R20020180: Ord. 18486, 2001; Ord. 17938 Attch. F (part), 2000. Formerly 14.02.040)
14.02.030 Administration.
Except where specifically provided otherwise, the Director of the Planning and Development Services Department is responsible for administration of this Title. (Ord. O20240005 § 1 (Exh. A))
14.02.040 Rules of interpretation.
(1) All words in this Title have their normal and customary meanings, unless specifically defined otherwise in this Title.
(2) Words used in the present tense include the future.
(3) The plural includes the singular and vice versa.
(4) The words “must,” “will,” and “shall” are mandatory.
(5) The word “should” indicates that which is recommended but not required.
(6) The word “may” indicates that discretion is allowed.
(7) The word “used” includes designed, intended, or arranged to be used.
(8) The masculine gender includes the feminine and vice versa.
(9) Distances must be measured horizontally unless otherwise specified.
(10) Interpretations related to uses in each zone should be based on the “purpose” section of each zone.
(11) Interpretations of this Title must be consistent with the Comprehensive Plan.
(12) Where an activity or land use could fall under two definitions, the more specific definition applies. (Ord. O20240005 § 1 (Exh. A); Ord. 17938 Attch. F (part), 2000. Formerly 14.02.030)
14.02.050 Electronic communication.
Anytime a submittal or communication is required in writing by this Code, the submittal or communication is authorized and required via the Department’s electronic permit system or via electronic mail unless the context specifically requires otherwise or the applicant is unable to use an electronic system and requires a reasonable accommodation. (Ord. O20240005 § 1 (Exh. A))
14.02.060 Fees.
Fees required of applicants for the review of various permits and applications related to this Title may be adopted by resolution of the Board. (Ord. O20240005 § 1 (Exh. A); Ord. 17938 Attch. F (part), 2000)
14.02.070 Office of Hearing Examiner.
(1) Office Created. The office of the Hearing Examiner is hereby created. The term “Hearing Examiner” shall likewise include any pro tem Hearing Examiner. The Hearing Examiner shall interpret, review and implement regulations as provided in this Chapter.
(2) Appointment and Term. The Board of County Commissioners shall appoint the Hearing Examiner to serve in said office for terms to be determined by the Board.
(3) Removal from Office. The Hearing Examiner may be removed from office at any time by an affirmative vote of 2 of the County Commissioners.
(4) Qualifications. The Hearing Examiner shall be appointed with regard to their qualifications for the duties of the office which shall include, but not be limited to, persons with appropriate educational experience such as in planning, public administration or law. Persons appointed to these positions should have at least 3 years’ experience in land use planning or administration.
(5) Duties of Pro Tem Hearing Examiner. The Pro Tem Hearing Examiner shall, in the event of absence or the inability of the Hearing Examiner to act, have all the duties and powers of the Hearing Examiner.
(6) Conflict of Interest. The Hearing Examiner shall not conduct or participate in any hearing or decision in which the Hearing Examiner has a direct or indirect personal interest which might influence or appear to influence or interfere with the decision-making process. Any actual or potential conflict of interest shall be disclosed to the parties immediately upon discovery of such conflict.
(7) Freedom from Improper Influence. No County official or any other person shall attempt to interfere with or improperly influence the Hearing Examiner in the performance of his or her duties.
(8) Promulgation of Procedural Rules. The Hearing Examiner may, from time to time, adopt such procedural rules as are reasonably necessary to carry out the duties and responsibilities of the office, provided such rules shall not be in conflict with this Chapter, or any other relevant provisions of the Skagit County Code. Such rules shall not take effect until they have been reviewed and approved by the Board of County Commissioners. (Ord. O20070009 (part): Ord. 17938 Attch. F (part), 2000. Formerly 14.06.240)
14.02.080 Planning Commission.
(1) The Skagit County Planning Commission, established by Ordinance 3078, consists of 9 members appointed by the Chairman of the Board of County Commissioners and approved by a majority of the Board. The term of office on the Planning Commission is 4 years. Any vacancies are to be filled from the same commissioner district as that of the vacating member.
(2) Removal. After public hearing, any appointed member of the Planning Commission may be removed by the Chairman of the Board, with the approval of the Board, for inefficiency, neglect of duty, or malfeasance in office.
(3) Organization. The Planning Commission shall elect a chairman and vice-chairman from among its members, shall appoint a secretary who need not be a member of the Commission, and shall adopt rules for transaction of business and shall keep a public record of transactions, findings and determinations.
(4) Meetings. Not less than 1 regular meeting shall be held each month unless no matters are pending on the Commission calendar.
(5) Powers and Duties. The Skagit County Zoning Ordinance hereby adopts by reference the powers and duties of the Planning Commission as expressed in the Planning Enabling Act, Chapter 36.70 RCW, as now exists or hereafter amended.
(6) Promulgation of Procedural Rules. The Planning Commission may, from time to time, adopt such procedural rules as are reasonably necessary to carry out the duties and responsibilities of the Planning Commission, provided such rules shall not be in conflict with this Chapter, or any other relevant provisions of the Skagit County Code. Such rules shall not take effect until they have been reviewed and approved by the Board of County Commissioners. (Ord. O20070009 (part): Ord. 17938 Attch. F (part), 2000. Formerly 14.06.250)
14.02.090 Records of survey.
(1) Records of Survey. Records of land survey shall be 18 inches by 24 inches, and shall be subject to recording fees.
(2) Copies. Copies of records of survey shall be provided upon request for a fee.
(3) Records of Monument. Records of monument shall be filed without charge on the standard form prescribed by the Department of Natural Resources, Bureau of Surveys and Maps.
(4) Copies of Records of Monument. Copies of records of monument shall be provided upon payment of the required fee. (Ord. O20160004 § 6 (Att. 6); Ord. 17938 Attch. F (part), 2000. Formerly 14.22.010—14.22.040)