Welcome to the National Tribal Justice Resource Center's Tribal Codes and Constitutions
Return to the Main Tribal Codes and Constitutions Page
2004
Chapter 1 – Planning Commission
Sec.
20-01.010 Authority
20-01.020 Definitions
20-01.030 Establishment
20-01.040 Membership
20-01.050 Duties
20-01.060 Assistance
20-01.070 Reports
20-01.080 Repealer
20-01.090 Severability
Legislative History
Enacted:
Repealed or Superseded:
20-01.010 Authority.
The Chapter is adopted pursuant to authority provided by the following provisions of the Swinomish Constitution, as most recently amended:
Art. VI, Sec. 1(c), (k)(a), (l), (m), (n), (s).
Art. VI, Sec. 5(a).
[History] Ord. 176 (9/5/03); Ord. 21 (3/3/64).
20-01.020 Definitions.
(A) For the purposes of this Chapter, unless explicitly stated otherwise, the following definitions shall apply.
(1) “Commission” means the Planning Commission.
(2) “Reservation” means all lands and waters within the exterior boundaries of the Swinomish Indian Reservation of the Swinomish Indian Tribal Community.
(3) “Senate” means the governing body of the Swinomish Indian Tribal Community, the federally recognized Indian Tribe of the Swinomish Indian Reservation.
(4) “Tribe” or “Tribal Community” means the Swinomish Indian Tribal Community.
(B) All other words and phrases shall have their ordinary and customary meanings.
[History] Ord. 176 (9/5/03).
20-01.030 Establishment.
There is hereby established a Planning Commission for the Swinomish Indian Reservation and Swinomish Indian Tribal Community, to be known as the “Planning Commission.”
[History] Ord. 176 (9/5/03); Ord. 21 (3/3/64).
20-01.040 Membership.
(A) Beginning in February 2004, the Planning Commission shall consist of seven (7) members and alternates appointed by the Chair of the Senate and may be either members or non-members of the Tribe. A majority of the members shall be tribal members.
(B) The Senate may appoint alternates at its discretion. A majority of the alternates shall be tribal members.
(C) A quorum shall be four (4) members.
(D) The term of office shall be one (1) year. A member or alternate of the Planning Commission may serve multiple and consecutive terms.
[History] Ord. 176 (9/5/03); Ord. 21 (3/3/64).
20-01.050 Duties.
It shall be the duty of the Planning Commission to prepare a comprehensive community plan and recommend the same, together with revisions from time to time as they become necessary, for adoption by the Senate, together with recommendations on the adoption of a zoning code, various building codes, and in general to make recommendations to the Senate with regard to proposed projects, programs or activities that affect the physical growth and development of the Reservation.
[History] Ord. 176 (9/5/03); Ord. 21 (3/3/64).
20-01.060 Assistance.
The Planning Commission may secure assistance from the Western Washington Indian
Agency, the Bureau of Indian Affairs, and public or private planning agencies
and technical staffs, provided that no expense in connection therewith, chargeable
against the Tribe, shall be incurred
without prior approval of the Senate.
[History] Ord. 176 (9/5/03); Ord. 21 (3/3/64).
20-01.070 Reports.
The Planning Commission shall report at least quarterly to the Senate, and at such other times as the Senate shall request, concerning matters involved in an overall comprehensive general plan for the Reservation.
[History] Ord. 176 (9/5/03); Ord. 21 (3/3/64).
20-01.080 Repealer.
This Chapter repeals and supersedes Ordinance 21.
[History] Ord. 176 (9/5/03).
20-01.090 Severability.
[Reserved]
Chapter 2 – Land Use Planning Advisory Board
Sec.
20-02.010 Purpose and Scope
20-02.020 Authority
20-02.030 Definitions
20-02.040 Membership
20-02.050 Functions of the Board
20-02.060 Repealer
20-02.070 Severability
Legislative History
Enacted:
Repealed or Superseded:
20-02.010 Purpose and Scope.
The purpose of this Chapter is to establish a Land Use Planning Advisory Board for the Swinomish Indian Reservation.
[History] Ord. 176 (9/5/03); Ord. 43B (12/7/77).
20-02.020 Authority.
Authority for this Chapter is located in the following provisions of the Swinomish Indian Tribal Community Constitution, as most recently amended:
Art. VI, Sec. 1(a), 1(c), 1(e), (1k), 1(l), 1(m), 1(n), 1(s)
Art. VI, Sec. 5.
[History] Ord. 176 (9/5/03); Ord. 43B (12/7/77).
20-02.030 Definitions.
[Reserved]
20-02.040 Membership.
(A) The Land Use Planning Advisory Board shall consist of five (5) members of the Swinomish Indian Tribal Community. These five (5) members shall be appointed annually by the Swinomish Indian Senate.
(B) The Land Use Planning Advisory Board shall also consist of two (2) additional members who live within the exterior boundaries of the Reservation but are not tribal members. These members shall be selected by the Swinomish Indian Senate from a list of names provided by the Swinomish Planning Commission and Swinomish Senators.
[History] Ord. 176 (9/5/03); Ord. 43B (12/7/77).
20-02.050 Functions of the Board.
The Board shall attend Swinomish Planning Commission meetings when the subject of those meetings is Commission administration of Swinomish Land use law and advise the Planning Commission of actions Board members believe would be appropriate.
[History] Ord. 176 (9/5/03); Ord. 43B (12/7/77).
20-02.060 Repealer.
[Reserved]
20-02.070 Severability.
[Reserved]
Chapter 3 – Zoning
Sec.
20-03.010 Title
20-03.020 Authority
20-03.030 Purpose and Scope
20-03.040 Jurisdiction
20-03.050 DefinitionsSubchapter I – Administration
20-03.060 Planning Department
20-03.070 Regulations
20-03.080 Fee Schedule
20-03.090 Development Permit
20-03.100 Application for Development Permit
20-03.110 Notice of Development Permit
20-03.120 Decision
20-03.130 Application for Zoning Change
20-03.140 Violations
20-03.150 Violations Found by Planning Department
20-03.160 Violations Found by Citizens
20-03.170 Enforcement
20-03.180 Penalties
20-03.190 Appeal to SenateSubchapter II – General Principles
20-03.200 Official Zoning Map
20-03.210 Official Development Plan
20-03.220 Boundary Interpretation
20-03.230 Regulations and Standards
20-03.240 Yard or Open Space Requirements
20-03.250 Grandfathered Lots
20-03.260 Non-Conforming UsesSubchapter III – Description of Districts
20-03.270 Agricultural (A)
20-03.280 Forest (F)
20-03.290 Rural Residential (RR)
20-03.300 Suburban Residential (SR)
20-03.310 Urban Residential (UR)
20-03.320 Townhouse (TH)
20-03.330 Limited Commercial (LC)
20-03.340 General Commercial (GC)
20-03.350 Swinomish Village (SV)
20-03.360 Tribal Economic District
20-03.370 Open Space (OS)Subchapter III – Overlay Districts
20-03.380 Purpose
20-03.390 Archeological
20-03.400 Cultural and Historical
20-03.410 Shoreline
20-03.420 Water Preservation
20-03.430 Scenic HighwaysSubchapter IV – Site Development Standards
20-03.440 Off-Street Parking
20-03.450 Public Right of Way
20-03.460 Driveways
20-03.470 Gas Stations
20-03.480 Air, Light and Odor for Non-Agricultural Land Uses
20-03.490 Signs
20-03.500 Unbuildable Lands
20-03.510 Landscape Buffers
20-03.520 Fences
20-03.530 Greenbelts
20-03.540 Accessory Dwelling UnitsSubchapter V – Planned Developments
20-03.550 Purpose
20-03.560 General
20-03.570 Criteria for Approval
20-03.580 Design Criteria
20-03.590 Fees
20-03.600 Application ProceduresSubchapter VI – Rezones, Variances, Mobile Homes, and Home Businesses
20-03.610 Rezones
20-03.620 Variances
20-03.630 Manufactured and Mobile Homes
20-03.640 Home BusinessesSubchapter VIII – Subdivision Moratorium
20-03.650 Moratorium
20-03.660 Exception
20-03.670 No Applications Accepted During Moratorium
20-03.680 Revision to Zoning Chapter
20-03.690 Public Notice and Hearing
20-03.700 Repealer
20-03.710 SeverabilityAppendices
Table I Land Use Permitted in Each District
Table II Lot Standards and Building Placement
Table III Additional Standards for Planned Developments
Legislative History
Enacted:
Repealed or Superseded:
Noted:
Authority.
BE IT ENACTED BY THE SWINOMISH INDIAN SENATE, pursuant to the authority set out in Article VI, Section 5(a) of the Tribe's Constitution, that the Tribe's Zoning Ordinance, Ordinance No. 43 as previously amended, is hereby further amended as follows:
Severability.
If any provision of this Ordinance, or its application to any person, entity, or circumstance, is for any reason held invalid, the remainder of the ordinance, and the application of the ordinance to other persons, entities, and circumstances, shall not be affected.
Effective Date.
This ordinance shall become effective immediately upon enactment.
[Ed. Note. The archived copy of Ord. 43 is neither numbered nor executed. However, Legal Department files contain a copy of the ordinance with a BIA approval date of 2/24/77. Legal Department files also contain an executed signature page dated 2/1/77 with an effective date of 7/2/76 and a BIA date of 3/10/77.
The archived copy of Res. 77-04-433 does “further approve, authorize, and certify” Ord. 43. The first reference to the zoning ord. as number 43 is contained in a memo from the BIA Area Director to the BIA Regional Superintendent, 3/9/77.
Ord. No Number (1/11/78) is mistitled. The correct title is “Amendments to Zoning Ordinance 43.” Tribal archives do not contain a copy of the Interim Zoning Ord. However, Legal and Planning Department files contain references to the Interim Zoning Ordinance.]
20-03.010 Title.
This Chapter may be referred to as the Zoning Code.
[History] Ord. 176 (9/5/03).
20-03.020 Authority.
This Chapter is adopted pursuant to the authority found in Article VI, Section 5(a) of the Constitution of the Swinomish Indian Tribal Community, as most recently amended.
[History] Ord. 176 (9/5/03).
20-03.030 Purpose and Scope.
(A) The primary purpose of this Chapter is to provide guidelines and definitions for comprehensive plan implementation and to promote the health, safety, and general welfare of tribal members and others living within the exterior boundaries of the Reservation.
(B) The specific goals are listed below:
(1) To ensure a proper environment that is compatible with the desired Swinomish lifestyle, present and future.
(2) To establish a desirable pattern of land uses that will consider surrounding use of land.
(3) To ensure adequate community facilities, roads and utilities to promote the health, safety and welfare of reservation residents and visitors and to establish ultimate development densities so that public facilities can be properly scaled to serve present and future development.
(4) To provide clear development policies that promote and ensure the growth and stability of land values.
(5) To provide planned development procedures that will stimulate creativity and variation but at the same time maintain sufficient control to achieve the objectives of this title.
(6) To encourage a good quality of development and protect the investment of those who finance quality development.
(7) To encourage the grouping of uses that are functionally and aesthetically compatible.
(8) To ensure adequate light, air, and open space and to prevent the spread of fire by establishing adequate building setback and building bulk regulations.
(9) To ensure proper management of natural resources including forests and other vegetation, soils, tidelands, shorelands, water, birds, animals and marine life.
(10) To protect areas of archeological and cultural significance.
(11) To protect the beauty and maintain the environment of the Reservation.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.040 Jurisdiction.
The land use and zoning jurisdiction of the Tribe, and the provisions of this Chapter, shall extend to all lands and waters within the exterior boundaries of the Reservation.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.050 Definitions.
(A) For the purposes of this Chapter, the following definitions shall apply:
(1) “Accessory dwelling unit” means a residential structure built pursuant to the terms and conditions of 20-03.530, and any regulations promulgated thereunder.
(2) “Accessory use” means a use that services the principal use, located on the same lot or in the same building as the principal use.
(3) “Adjacent property” means those parcels of property with a boundary line nearer than three hundred (300) feet to the boundary line of the subject property.
(4) “Adjoining property” means any parcel of property having contact with the subject property.
(5) “Agricultural use” means the primary production of foodstuff or products in excess of the needs of the residents of the lot. This does not include the processing, handling, or packaging of these foodstuffs for the use of the residents of the lot.
(6) “Aquifers” means areas of loose soil, gravel, or rock where water collects in large quantities underground.
(7) “Buildable land” means lands not classified as unbuildable in Section 20-03.500 of this Chapter.
(8) “Building setback” means the distance that a building must be set back from a property line.
(9) “Commercial use” means the use of land for activities that provide goods, merchandise, or services for compensation.
(10) “Comprehensive plan” means the Comprehensive Plan of the Swinomish Indian Tribal Community.
(11) “Condemnation” means to prevent occupancy of a structure or land for reasons of health or structural dangers or violations of the reservation's health, occupancy, or zoning codes.
(12) “Conditional use” means a land use permitted by the Planning Commission subject to certain restrictions and conditions such as the Planned Developments permitted under Sections 20-03.540 through 20-03.590 of this Title.
(13) “Decision” means a written document by the Swinomish Planning Commission approved by a quorum of said commission unless challenged by the Senate within a reasonable time period. When so challenged the motion and approval become the responsibility of the Senate.
(14) “Density” means the ratio of residential units allowed for each acre of property; e.g., four (4) single family residences per acre.
(15) “Developed land area” means that portion of a parcel of property that has undergone extensive improvement such as grading, landscaping, or construction of structures for residential, commercial or industrial use.
(16) “District boundaries” means boundaries determined by the adoption of the official zoning map and interpreted as directed in Section 20-03.200 of this Chapter.
(17) “Floor area ratio” means the amount of land required for each square foot of building area. For instance, 1:3 equals one (1) square foot of building allowed for each three (3) square feet of buildable lot area.
(18) “Greenbelt” means a strip of land that provides a visual screen and buffer between different land uses, land use districts, or to mark the edge of an urban or developed area.
(19) “Industrial use” means the use of land for activities that create economic value by storing or processing raw or bulk materials, systematic or large-scale fabrication, construction, manufacturing, or transportation.
(20) “Lot” means a site that is described by reference to a recorded plat, by metes and bounds, or by section, township, and range that has direct legal access to a street or has access to a street over an easement.
(21) “Lot size” means the total area within the boundary lines of a lot.
(22) “Manufactured home” means any dwelling unit built after June 15, 1976 that is transportable in one or more sections, which, in the traveling mode, is eight (8) feet or more in width or forty (40) feet or more in length, or, when erected on the building site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation, when connected to the required utilities.
(23) “Minimum yard” means an open space on a lot that is created by the building setbacks required by this Chapter.
(24) “Mobile home” means any dwelling unit built before June 15, 1976 that is transportable in one or more sections, built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities.
(25) “Motel” means a structure or structures designed and used for the accommodation of transients, the units of which are used as individual sleeping units having their own private toilet facilities and may or may not have their own kitchen facilities.
(26) “Non-conforming use” means the use of a building, structure, or parcel of land that does not conform to the regulations of the zone in which it is located. A non-conforming use may be allowed if it preceded the effective date of the zoning ordinance.
(27) “Official zoning map” means the map approved by the Senate that sets out the boundaries of the various zones provided by this Chapter.
(28) “Open space” means a zone or area where the construction of buildings or structures is limited or prohibited.
(29) “Ordinary high water mark” means the high tide line, calculated as the mean of all the high tides over at least eighteen and a half (18 ½) years of data.
(30) “Planning Commission” means the Planning Commission of the Swinomish Indian Tribal Community.
(31) “Planned Development” means a development approved by the Planning Commission pursuant to the Planned Development procedures in Section 20-03.550 through 20-03.600
(32) “Planting buffer” means a landscaped area between different types of land uses designed to shield or buffer one land use from another and reduce incompatibilities of the different uses.
(33) “Public utility installations” means the pipes and other infrastructure designed to carry water, sewage, or other utilities.
(34) “Reservation” means all lands and waters within the reservation of the Swinomish Indian Tribal Community.
(35) “Residential use” means a land use zone intended to provide space for the construction and maintenance of living accommodations for a person or person(s).
(36) “Residential unit” means a dwelling that is designed for habitation by one (1) family. An apartment building is made up of several residential units.
(37) “Review” means request for opinions only. This does not necessarily grant authority to approve or deny action.
(38) “Senate” means the Swinomish Indian Senate, the governing body of the Swinomish Indian Tribal Community.
(39) “Sight obscured” means landscaping or fencing designed to block the view from adjacent properties.
(40) “Sign” means any object, display, structure, or part thereof used to advertise, identify or display a product, service, person, organization, or idea by any means, including but not limited to words, images, logos, and symbols.
(41) “Site development standards” means the standards required on a proposed building site such as, but not limited to, parking, recreational facilities, landscaping buffering devices, etc. These standards may vary from site to site.
(42) “Subdivided property” means any parcel of property that has been divided by a duly registered subdivision plat, or any lot as shown on an officially recorded plat or subdivision, or a parcel of land, the deed of which is officially recorded, considered as a unit or property, and described by metes and bounds.
(43) “Temporary housing” means residential accommodations that are not permanently attached to the ground, or buildings that have no required permanent attachment to the ground.
(44) “Tidelands” means land surface that is exposed at extreme low tide but covered by an extreme high tide.
(45) “Twenty percent slope” means any land area where the elevation increases at a rate exceeding one (1) foot vertically for every five (5) feet horizontally.
(46) “Wetlands” means any lands that fit the criteria established by the U.S. Army Corps of Engineers Wetlands Delineation Manual. Generally, wetlands are those areas inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of vegetation adapted for life in saturated soil.
(47) “Zone” means an area or district within the exterior boundaries of the Reservation were certain land uses are proscribed, others are required, and yet others may be either encouraged or discouraged. Each zone has its own set of rules and regulations governing the use, placement, spacing, and size of the allowable lots, buildings, signs, roadways, buffers, and other improvements.
(48) “Zoning Administrator” means the Planning Director or the person he or she designates to review applications for land use permits pursuant to this Chapter.
(49) “Zoning Code” means Chapter 20-03 of the Swinomish Tribal Code.
(B) Other words and phrases shall have their common and ordinary meanings.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
Subchapter I – Administration
20-03.060 Planning Department.
The Planning Commission and/or Senate shall establish a Planning Department to administer and enforce this Chapter.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.070 Regulations.
The Senate shall cause official controls to be prepared that will further the objectives and goals of the Comprehensive Plan. The Senate or Planning Commission may also draft regulations, programs and legislation that, in its judgment, are required to preserve the integrity of the Comprehensive Plan and assure its systematic execution.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.080 Fee Schedule.
(A) The Planning Department shall maintain a schedule of fees for the various permits established in this Chapter.
(B) The purpose of the fee is to offset costs incurred in the administration of this Chapter. Because administrative costs vary with the size and complexity of the request, some fees are related to the number of added units or size of the site under consideration.
(C) The Planning Department may amend the fee schedule from time to time.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.090 Development Permit.
The Planning Department shall not issue a building permit unless the use or structure to be established, or structurally altered, is permitted by this Chapter or for which a planned development permit or variance has been obtained under the provisions of this Chapter, and all other required permits or licenses from applicable tribal or federal agencies have been obtained.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.100 Application for Development Permit.
(A) Applications for building permits issued in accordance with this Chapter shall include information regarding existing or proposed uses of the building and land, and such other matters as may be requested by the Planning Commission to determine conformance with this Chapter. The Planning Department will furnish applicant with information and application forms.
(B) Full application shall mean completion of proper forms and documents together with carefully prepared graphics and text that clearly describe the project or action presented for consideration along with required application fees.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.110 Notice of Development Permit.
(A) Public Copy. Upon receipt of a full application, the Planning Department will make the full application available for public review at the Planning Department.
(B) Newspaper. The application and any public hearing required by this Chapter shall be advertised in a local newspaper of suitable size and general circulation and notices shall be posted on the respective properties. The notice shall provide for a hearing no earlier than ten (10) days from the effective date of the notice.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.120 Decision.
(A) Planning Commission. After the Planning Commission holds a public hearing on the date advertised in Section 20-03.110 above, it shall then consider all testimony, facts and opinions, and form a decision on the proposed action.
(B) Finality. The decision of the Planning Commission is final unless challenged by the Senate within a reasonable period of time. Provided, however, that no decision of the Planning Commission is final until it is authorized by the signature of the Chair of the Senate, or designee thereof.
(C) Appeal. Decisions of the Senate or those decisions of the Planning Commission authorized by the Chair may be appealed immediately to Tribal Court.
[History] Ord. 176 (9/5/03); Ord. Unnumbered (1/11/78); Ord. 43 (2/1/77).
20-03.130 Application for Zoning Change.
No application for a change of zoning of any lot, parcel, or portion thereof shall be considered by the Planning Commission within one (1) year of the final action of the body upon a prior application covering any of the same described land. This provision, however, shall not restrict the Senate or Planning Commission from proposing a change in the boundaries of any of the districts in this Chapter on its own motion.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.140 Violations.
(A) No oversight or error on the part of the Senate or any person vested with the authority to issue permits or licenses shall legalize the violation of any of the provisions of this Chapter.
(B) Any permit or license issued in conflict with the provisions of this Chapter or its parts shall be null and void.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.150 Violations Found by Planning Department.
(A) In Writing. If the Planning Department finds that any of the provisions of this Chapter are being violated, it shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it.
(B) Right to Hearing. The notice shall also inform the recipient of his or her right to a hearing before the Planning Commission.
(C) Corrections. Said notice shall inform the alleged violator that he or she has an appropriate number of days to correct the alleged defect or violation. Appropriateness depends on the seriousness of the alleged offense in relation to the health, morals, and safety of the Reservation.
[History] Ord. 176 (9/5/03); Ord. Unnumbered (1/11/78); Ord. 43 (2/1/77).
20-03.160 Violations Found by Citizens.
(A) Citizen’s Complaint. Wherever a violation of this Chapter occurs, or is alleged to have occurred, any person may file a written complaint with the Planning Commission, stating fully the alleged violations and the basis for believing them to be true.
(B) Investigation. The Planning Commission shall investigate the complaint.
(C) Notice. Upon determining that the provisions of this Title have been violated, the Planning Department shall notify the owner of the subject property by certified mail within seven (7) days, specifying the nature of the violation and the date by which the violation shall be corrected. The notice and hearing provisions of Section 20-03.150 shall apply.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.170 Enforcement.
(A) General. The Planning Commission and Senate shall take any action authorized by law to ensure compliance with or to prevent violation of this Chapter or regulations issued hereunder.
(B) Entry Upon Private Property.
(1) The Planning Department reserves the right to enter any land or parcel, including fee land and trust land, within the exterior boundaries of the Reservation to inspect the property and determine whether the land is being used in conformance with the provisions of this Chapter.
(2) Before entering the land, the Planning Department shall make reasonable effort to locate the owner and notify him or her of the pending inspection.
(3) The Planning Department shall carry out the inspections authorized by this Section at reasonable times in a reasonable manner.
(C) Court Action. In the event the Planning Commission, Senate, or staff determines that a landowner is in violation of this Title, failure to correct the violation within the stated time period shall make the property and any structures thereon a public nuisance and shall subject the violator to an action in Swinomish Tribal Court.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.180 Penalties.
(A) Violations of any provision of this Chapter or failure to comply with any rules or regulations promulgated hereunder is a civil offense punishable by a fine not to exceed $500, or the issuance of a court ordered injunction to stop any work or development not in compliance with this Chapter or amendments hereto, or the issuance of a court order requiring payment of civil damages to any aggrieved party, or a combination of any of the above.
(B) The owner or tenant of any building, structure, premises, or part thereof, and any architect, engineer, building contractor agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.
(C) Nothing herein contained shall prevent the tribal community from taking such other lawful action as is necessary to prevent or remedy any violation.
[History] Ord. 176 (9/5/03); Ord. Unnumbered (1/11/78); Ord. 43 (2/1/77).
20-03.190 Appeal to Senate.
Any person aggrieved by a determination by the Planning Commission shall have a right to appear before the Senate within thirty (30) days. All decisions of the Senate shall be final.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
Subchapter II – General Principles
20-03.200 Official Zoning Map.
(A) The Swinomish Indian Reservation is hereby divided into zones as shown on the Official Zoning Map which, together with all explanatory matter thereon, is adopted and declared to be a part of this Chapter. The Official Zoning Map shall be signed by the Senate Chair and Vice Chair and attested to by the Secretary of the Senate.
(B) If, in accordance with the provisions of this Title, changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map promptly after the amendment has been approved by the Senate.
(C) The Official Zoning Map, which shall be located in the Planning Department, shall be the final authority on the current zoning status of the land and water areas and the buildings and other structures on the Reservation.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.210 Official Development Plan.
The Comprehensive Plan for the Reservation is herein declared the Official Development Plan for purposes of limiting the development of properties that are designated for future parks, schools, streets and other public uses.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.220 Boundary Interpretation.
Where the boundaries shown on the Zoning Map or Comprehensive Plan are uncertain, the following rules shall apply:
(A) Where district boundaries are indicated as approximately following street centerlines, alley centerlines, maintained channels or lot lines, such lines shall be the boundaries.
(B) The location of a boundary shall be determined by use of the scale appearing on the Zoning Map. Where the district line is a topographic variation, the toe of the slope as identified on the Zoning Map will be the division line.
(C) Where any street, road or alley is officially vacated or abandoned, the regulations applicable to abutting property shall apply to that portion of such street, road, or alley officially vacated or abandoned.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.230 Regulations and Standards.
(A) Except as hereinafter provided, no building shall be erected, reconstructed, or structurally altered except in compliance with the regulations established by this Chapter and for the district in which the building or land is located.
(B) Where site development standards are established by this Chapter no building permit shall be issued for new construction or reconstruction until a site development plan has been approved by the designated person or body.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.240 Yard or Open Space Requirements.
The minimum yards or other open spaces required by this Chapter shall not be encroached upon or considered as meeting the yard or open space requirements of the density provisions for any other building. In the event of any such unlawful encroachment or reduction, such building shall be deemed to be in violation of the provisions of this Chapter and the occupancy of such building shall be illegal.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.250 Grandfathered Lots.
Any lot of any size may be used for a building site, subject to the regulations governing the use district in which it is located, if it was officially recorded with the Bureau of Indian Affairs or Skagit County as a separately owned single lot prior to the adoption of this Chapter, provided it has a minimum thirty (30) foot frontage on a public street or access to a public street by a minimum twenty (20) foot wide private lane.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.260 Non-Conforming Uses.
(A) Where a structure or land use exists at the effective date of this Chapter that could not be built under the terms of this Chapter, such structure or land use shall be nonconforming and may be continued, so long as it remains lawful in other ways. The non-conforming use of a structure and/or land shall not be enlarged after passage of this Chapter except when permitted under the planned development procedures contained in Sections 20-03.560 through 20-03.600 and any rules or regulations promulgated thereunder, nor shall additional signs be permitted. All changes in nonconforming uses shall conform with the provisions of this Chapter.
(B) A non-conforming use shall be considered abandoned if discontinued for a period of six (6) months and any future use of such land or buildings shall conform to the provisions of this Chapter.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
Subchapter III – Description of Districts
20-03.270 Agricultural (A).
(A) The purpose of the Agricultural District is to protect the agricultural activities of the Reservation from the encroachment of residential and commercial land uses and to encourage agricultural landowners to maintain their properties in parcels of sufficient size so that it is economically feasible to farm the land.
(B) To accomplish these objectives this Section requires a minimum lot size of thirty (30) acres but allows two (2) houses on the lot, which provides a second residence for family or employees. Temporary housing for seasonal workers is also permitted. Barns and outbuildings are permitted as accessory uses.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.280 Forest (F).
The purpose of the Forest District is to allow low density residential development in areas not adequate for agricultural activity but where natural forest growth and harvest are to be preserved. The minimum lot size of twenty (20) acres may allow continued use of septic systems and minimal public services. All uses and construction shall be permitted only upon approval of a planned development application, except for forest maintenance and harvesting activities. A one hundred twenty-five (125) foot setback is required adjacent to all arterials to provide a one hundred (100) foot greenbelt on each side of the road.
[History] Ord. 176 (9/5/03); Res. 97-846 (8/5/97), Ord. 43 (2/1/77).
20-03.290 Rural Residential (RR).
(A) The purpose of the Rural Residential district is to retain a rural character that does not require public sewers or fully developed roads. A minimum lot size of five (5) acres is required.
(B) A one hundred twenty-five (125) foot setback of buildings is required adjacent to all arterials to provide a one hundred (100) foot greenbelt along each side of the road.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.300 Suburban Residential (SR).
(A) The purpose of the Suburban Residential district is twofold: first, to provide a suburban atmosphere in areas that have good soil for septic tanks, second, as a transitional zone for areas that are scheduled for higher density single-family residence at a later time if urban services are provided.
(B) Minimum lot size is two (2) acres.
(C) A seventy-five (75) foot setback is required along all arterials to provide a fifty (50) foot wide greenbelt along each side of the road.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.310 Urban Residential (UR).
(A) The purpose of the Urban Residential district is to provide urban single-family tracts of nine thousand (9,000) square feet minimum lot size when lots are served by community sewerage systems. A rural type development with a minimum lot size of one (1) acre is required when lots can be served by an approved septic tank or other individual system.
(B) It is also the intent of this Chapter to relate non-residential uses in this district to the pattern of land uses recommended by the Comprehensive Plan so that well-balanced, well-organized residential communities will develop and all future urban services may be efficiently provided.
(C) A seventy-five (75) foot building setback is required along all arterials to provide for a fifty (50) foot greenbelt along each side of the road.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.320 Townhouse (TH).
(A) The purpose of the Townhouse District is to establish areas of medium density where land can be used efficiently be attaching dwelling units to each other, and encouraging the community use of open space and recreational development. A sense of individuality may be designed into each attached residential unit. The development of this district is intended to yield the same individualism as single-family residential development but will also provide the advantages of apartment living such as communal use and maintenance of recreational facilities and grounds.
(B) The higher density of development in the Townhouse District will require a higher quality of roads and other community facilities, but economies of scale will be achieved.
(C) Medical clinics may be located in the Townhouse District under planned development policies.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.330 Limited Commercial (LC).
The purpose of the Limited Commercial District is to provide a location for businesses that provide household amenities and local services together with some tourist facilities in an area that is well landscaped and complimentary to adjacent districts. Uses encouraged to cluster in these areas include grocery stores, drug stores, barber and beauty shops, medical clinics, small clothes shop, restaurants, service stations, launderettes and motels.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.340 General Commercial (GC).
(A) The purpose of the General Commercial District is to provide an open commercial district for commercial and light industrial activities, from gas stations and supermarkets to warehousing and light manufacturing. This district should be separated from residential districts or uses.
(B) Permitted uses include grocery stores, drug stores, self-service laundries, general retail and specialty shops, banks, offices, cafes, restaurants, motels, boat moorage, appropriate entertainment and recreations facilities, parks and boat launches, government buildings, museums, post offices, police and fire stations. Auto repair, boat repair and construction, seafood processing and merchandising, and marinas are also classified as commercial activities. Medical clinics and daycare centers are permitted.
(C) Shopping centers may be formed using the General Commercial District under the protection of planned development policies applying specific land uses and special performance standards.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.350 Swinomish Village (SV).
The purpose of the Swinomish Village District is to establish a zone for those lands comprising the Swinomish Village. Residential, governmental, recreational, community service, light industrial, and commercial activities are encouraged in this district. All development within the Village shall be by the Planned Development procedure established in Sections 20-03.560 through 20-03.600 and any regulations promulgated thereunder. Provided, however, that single family residences are allowed with written permission from the Planning Commission, if the residence is to be located within an assigned or leased trust parcel or complies with the requirements of Sections 20-03.290, 20-03.300, or 20-03.310 of this Chapter or any rules or regulations promulgated thereunder.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.360 Tribal Economic District.
The purpose of the Tribal Economic District is to provide an economic development district for residential, commercial and industrial activities that support the tribal and federal selfdetermination policy and economic self-sufficiency policy. Development within these areas must be consistent with the tribal economic development plan and strategic economic policy.
[History] Ord. 176 (9/5/03).
20-03.370 Open Space (OS).
The purpose of the Open Space District is to establish uses for land that is regarded as unbuildable, tidelands, and land that is being held or used for recreation, conservation, or open space purposes. Land uses recommended for this zone include agriculture, timber, aquaculture, horse riding stables, hunting areas, camping and picnic areas, various recreational trail systems, wildlife sanctuaries, and forest preserves. All tribal tidelands will be held in this open space zone. All construction and site development in an open space district shall be by the planned development procedure established by Sections 20-03.560 through 20-03.600 and any rules or regulations promulgated thereunder.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
Subchapter III – Overlay Districts
20-03.380 Purpose.
The provisions of this Section relate to natural or special features that may occur in any land use district. The customary uses of the land use district will be permitted within an overlay district by planned development only, pursuant to the procedures established by Sections 20-03.560 through 20-03.600 and any rules or regulations promulgated thereunder. Development will only be approved when the preservation of desirable social, cultural, historical and environmental characteristics of the land are assured.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.390 Archeological.
An archeological overlay district shall be established at all sites that contain significant deposits of Indian artifacts. No earth moving or excavations, trenching or construction of any type is permitted in this area without approval by a planned development procedure, and all other provisions of tribal law, if any.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.400 Cultural and Historical.
A cultural and historical overlay district shall be established at all sites that have historical significance to the Tribe or are used in religious or cultural activities. No development shall occur in these districts until the Tribe is assured that the proposed project will not affect the historic, religious or cultural use of the site or area.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.410 Shoreline.
(A) Boundary Lines. The upland boundary line of the shoreline overlay district shall be two hundred (200) feet inland from the ordinary high water mark. The seaward boundary line shall be the extreme low tide line. All lands, waters, and wetlands within these boundary lines shall be part of the shoreline overlay district.
(B) Development. The Planning Commission shall not permit any development in the shoreline overlay districts until it has approved the mitigation plan that addresses the impact that structures and activities will have on fishing, aquaculture, marine life, tidal movements and other natural characteristics of the environment; and will not unfavorably change the visual quality in the overlay district. No development will take place on the tidelands owned by the Swinomish Indian Tribal Community without Senate approval.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.420 Water Preservation.
A water preservation overlay district shall be established at all sites exhibiting potable high water tables, places of known aquifers or ponding of fresh water. Such districts shall extend two hundred (200) feet beyond the area exhibiting these characteristics. No development shall be permitted in a water preservation overlay district until the Senate is assured that the purity and availability of the water will be preserved.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.430 Scenic Highways.
A scenic highway overlay district shall be established adjacent to all arterials passing through all districts except commercial and industrial land use districts. The scenic district extends one hundred (100) feet from all arterial rights-of-way except in urban residential districts where it shall be fifty (50) feet. These districts shall be planted in native trees and foliage and preserved as natural forest areas. Tree cutting, installation of access roads, utilities and other development shall be approved by planned development.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
Subchapter IV – Site Development Standards
20-03.440 Off-Street Parking.
(A) Surfacing. All parking areas, except single-family residential, shall be surfaced with a minimum of two (2) inches of asphalt or four (4) inches of concrete with parking stalls clearly marked. Crushed rock surfacing may be used on a temporary basis upon approval of the Planning Commission. No part of any street, alley, public right-of-way or property with a different zone than the primary use shall be considered a part of any required off-street parking space.
(B) Display and Storage. No required parking space shall be used for displaying autos or merchandise for sale, or for the storage of boats, trailers, or other similar devices.
(C) Parking Plan Required. No building permits for new construction or remodeling shall be issued for building except for single-family residences until the Planning Commission has approved a parking plan.
(D) Design Criteria. All parking spaces shall be so designed that autos do not back into a public right-of-way or sidewalk when parking or exiting. Parking lot design criteria and parking stall requirements may be obtained from the Planning Department.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.450 Public Right of Way.
(A) Minimum Standards. This Chapter hereby establishes the circulation element of the Tribe’s comprehensive plan as the Official Arterial Map. Minimum standards for street right-of-way shall be sixty (60) feet for collector streets, seventy (70) feet for secondary arterials and eighty (80) feet for primary arterials. Said standards shall be decreased only upon approval of the Planning Commission.
(B) Setbacks. Building setbacks shall be measured from the edge of the right-of-way. No building permit shall be issued for construction upon any property where the required right-of-way has not been deeded for public use. Buildings that exist at the time this Chapter is approved shall be unaffected by this Section.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.460 Driveways.
(A) Driveway design standards shall conform to the provisions of the Uniform Fire Code as amended and codified at Subsection 12-05.100(D) of the Swinomish Tribal Code.
(B) Driveway construction standards shall conform to the tribal road standards manual on file and designated as such in the Planning Department.
(C) In the event of a conflict between a provision in the Uniform Fire Code and the tribal road standards manual, the more restrictive provision shall control.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.470 Gas Stations.
(A) The edge of the pump island shall be thirty (30) feet or more from any property line.
(B) Permitted building area or floor area ratio (F.A.R.) shall be one-half the area allowed for other uses in the respective district.
(C) Heavy auto repair and major bodywork are not permitted in auto service stations unless the station is located in a general commercial or light industrial zone.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.480 Air, Light and Odor for Nonagricultural Land Uses.
(A) All air emissions shall conform to Chapter 19-02, the Clean Air Act, other tribal law, and federal regulations.
(B) Any odor or glaring light from normal operations detectable beyond the property boundary is prohibited, and ground vibration shall be imperceptible without instruments at any point on the property line except in industrial districts. These odor, light and ground vibration standards shall apply to the industrial district boundary instead of individual property lines within the district.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.490 Signs.
(A) The combined square footage of all permanent signs on any land parcel in a commercial or business district shall not exceed one hundredth (1%) times the combined square footage of all developed land in the parcel.
(B) Permanent signs in a residential area shall not exceed two (2) square feet per land parcel or twenty-five (25) square feet in multiple family residential districts. Surface area of a sign shall include spaces and voids within a perimeter that connects the outermost points of the advertising sign's lettering or device. When frames or supports are used as design elements, the area of such frame or support shall be included in the calculated area.
(C) All lighting apparatus shall be enclosed within the sign structure, with the exception of bent neon tubing, except where special permission is granted by the Planning Commission.
(D) All signs shall conform to the building height standards of the districts in which they are located and shall not exceed the height specified in Appendix II.
(E) Dimensional plans and elevations of proposed permanent signs shall be submitted to the Planning Commission with a scale of one-half inch (1/2’’) equals one foot (1’) or larger.
(F) The above restrictions do not apply to the temporary signs advertising the sale of real property, fruit and produce, or other similar activities on the conditions that such signs do not exceed a total of twenty-five (25) square feet and are located on the property: (1) that is for sale; or (2) from which the temporary sales are being made.
(G) Temporary signs for political candidates or special civic issues or events may be posted on private property only. Each political candidate or agency sponsoring the special events or issues shall post with the Planning Commission a bond or $200 to ensure the removal of the temporary signs following the respective election or event.
(H) No signs shall be placed, posted, or located except as permitted in this Section. Flags, symbols or insignias of national, state or other districts, tribal organizations, or fraternal organizations legally recognized by the Swinomish Planning Commission shall not be considered signs for the purposes of this Chapter. Private traffic or directional signs shall not be included when less than two (2) feet in area and located and designed so they cannot be construed as advertising. All public signs shall be exempt from the conditions of this Chapter.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.500 Unbuildable Lands.
(A) When calculating the residential units that are appropriate for a certain piece of land or the square footage of commercial buildings that are permitted based on lot size, it is necessary to subtract parts of the property that have features that make them difficult to develop. These features include:
(1) Land with a slope greater than twenty percent (20%);
(2) Land that is characterized by high water table, or other water problems;
(3) Land with unstable soils;
(4) Bodies of water or watercourses;
(5) Portions of property with access easements, including private and public road right-of-ways;
(6) Land that is available under special easements or agreements that do not cover the entire lifetime of the proposed development;
(7) Land that is located in any special district that may be established pursuant to the provisions of Sections 20-03.380 through 20-03.430.
(B) These lands may be considered a part of the project site only when the adverse qualities have been corrected or converted to assets through special design features, special land use activities, extended easement agreements or other appropriate methods. These methods shall be processed under the planned development provisions of Sections 20-03.560 through 20-03.600 and any rules or regulations promulgated thereunder.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.510 Landscape Buffers.
(A) The primary purpose of this Section is to reduce problems resulting from adjacent land uses that are different through the use of landscaping.
(B) Planting areas of evergreen shrubs, plants and trees shall be installed (or preserved) along property lines that delineate zoning districts as deemed necessary by the Planning Commission. Such planting areas shall be designated to provide an effective sight barrier at least six (6) feet high within four (4) years.
(C) The width of the planting area shall vary with the degree of difference in the adjacent uses. Required widths may be obtained by locating the two adjacent zoning districts on the following list, counting the number of districts between the two districts, and multiplying the number by ten (10) feet:
(1) Single-Family Residential, Agricultural, Forestry, and Open Space.
(2) Townhouse District.
(3) Limited Commercial District.
(4) Commercial General District.
(5) Industrial District Planning buffers shall be approved by planned Unit Development procedures.
(D) The above planting buffers are not required in front yards within twenty (20) feet of a developed road right-of-way.
(E) Landscaping shall be installed on the property that is located in the higher or more permissive district (higher number on the list).
(F) No building permit shall be issued where landscaping is required until the landscaping plan has been submitted and approved by the Planning Commission and a bond of a sum equal to fifty (50) cents per square foot of required landscaping has been filed with the Planning Department.
(1) Said plan shall show plant location and species, be drawn to scale no smaller than one inch equals thirty feet (1' = 30”) and be signed by a landscape architect or practicing nurseryman.
(2) Said bond shall be released one (1) year after plant installation on the condition that plants are in a healthy, growing condition.
(G) Plants shall be installed within one (1) year of building occupancy unless the Planning Commission approves a time extension. Undeveloped adjacent properties may be grounds for a time extension.
(H) No required landscaping area shall be used to store materials or for other uses that may harm the plants.
(I) These standards shall not apply to properties that are substantially developed prior to the enactment of this Chapter.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.520 Fences.
(A) No fence shall exceed six (6) feet in height measured from the adjoining property in residential zones.
(B) Fences should not be constructed in a manner that creates a safety hazard or devalues adjacent property.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.530 Greenbelts.
(A) The Planning Department may require a property owner to plant or maintain a greenbelt as a condition of issuing a construction permit for a dwelling or roadway, provided that the greenbelt bears a reasonable relationship to the anticipated impacts of the proposed construction.
(B) A greenbelt may consist of existing natural vegetation, such as woodlands, new plantings of native plants, or non-native plants, at the discretion of the Planning Department based on the individual facts of each situation
(C) If the property owner fails to maintain the greenbelt, the Tribe may maintain the greenbelt itself and recover costs from the landowner in Tribal Court.
[History] Ord. 176 (9/5/03).
20-03.540 Accessory Dwelling Units.
(A) The Planning Commission may approve one (1) accessory dwelling unit as an accessory to an existing single-family dwelling.
(B) All accessory dwellings shall comply with the following requirements:
(1) Owner Occupancy. Either the principal unit of the single-family dwelling or the accessory dwelling unit must be occupied by an owner of the property or an immediate family member of the property owner.
(2) Family Defined. No more than one (1) family as defined in the Uniform Building Code shall be allowed to occupy an accessory dwelling unit.
(3) Subdivision. Accessory dwelling units shall not be subdivided or otherwise segregated in ownership from the principal unit of the single-family dwelling, unless allowed by the zoning code.
(4) Size and scale. The square footage of the accessory dwelling unit shall be the minimum allowed by the building code and a maximum of nine hundred (900) square feet, excluding any garage area; provided, however, the square footage of the accessory dwelling unit shall not exceed fifty percent (50%) of the total square footage of the principal unit of the single family dwelling, excluding the garage area as it exists or as it may be modified.
(5) Location. The accessory dwelling unit may be attached to, included within the principal unit of the single-family dwelling, or located in a detached structure. All requirements of the Uniform Building Code regarding fire separation shall be met.
(6) Entrances. The principal unit of the single family dwelling containing the accessory dwelling unit shall have only one (1) obvious entrance visible to the street except where more than one (1) entrance existed on or before adoption of this Section.
(7) Design. Additions to an existing structure or newly constructed detached structures created for developing an accessory dwelling unit shall be designed consistent with the existing roof pitch, siding and windows of the principal dwelling unit.
(8) Parking. The owner shall provide three (3) off-street parking spaces for the combination of the main and accessory dwelling units.
(9) Application. The property owner shall apply for an accessory dwelling permit with the Swinomish Office of Planning and Community Development. The application shall include an affidavit signed by the property owner affirming that the owner or an immediate family member will occupy the principal dwelling unit or accessory dwelling unit for more than seven (7) months per year.
(10) Recording.
(a) The Planning Department shall not issue an accessory dwelling permit until the applicant has recorded a Document of Accessory Dwelling Unit with either the Skagit County Auditor or the Bureau of Indian Affairs.
(b) The Document of Accessory Dwelling Unit shall contain the following:
(i) The address of the property;
(ii) A statement that the owner(s) resides in either the principal dwelling unit or the accessory dwelling unit;
(iii) A statement that the owner(s) will notify any prospective purchasers of the limitations of this Section,
(iv) A statement that the Tribe may require the owner to remove the accessory dwelling unit if of the owner violates the requirements of this Chapter.
(c) The encumbrances memorialized in the Document of Accessory Dwelling Unit shall run with the land.
(11) Removal. A landowner may clear the Document of Accessory Dwelling Unit from the title to his or her property according to the following procedure:
(a) The owner shall obtain either a demolition permit or a change of use permit;
(b) The owner shall demolish the accessory dwelling unit;
(c) The owner shall cause the Planning Department to inspect the property and confirm that the accessory dwelling unit has been demolished:
(d) The owner shall record a certificate with the Skagit County Auditor or the Bureau of Indian Affairs stating that the accessory dwelling unit no longer exists on the property and that a final inspection has been performed by the Planning Department.
[History] Ord. 176 (9/5/03); Res. 2001-6-075 (6/5/01).
Subchapter V – Planned Developments
20-03.550 Purpose.
The purpose of this Chapter is to provide the regulatory and administrative procedures by which a party may pursue variances from, amendments to, and alterations of, the provisions of this Chapter.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.560 General.
(A) Purpose. The purpose of the planned development procedure is to provide the applicant and the Tribe with an opportunity to engage in an iterative process whereby the Tribe may permit development within a given zoning district even if the development may not be in strict compliance with the requirements of the district or other provisions in Title 19 – Environmental Protection and Title 20 – Land Use and Zoning. In exchange, the applicant must agree to conditions and terms that protect the needs and concerns of the Tribe, tribal members, and other persons who live on or nearby the Reservation.
(B) Not a Right. A planned development permit is not a right. The act of applying for a Planned Development Permit does not bestow any rights, expectations, or claims, either implicit or explicit, on the applicant. The act of receiving a Planned Development Permit Application does not create any obligations, responsibilities, or duties on the Tribe.
(C) Denial of Application. The Planning Department may deny an application for a planned development for any reason or no reason at all.
(D) Final. The Planning Department’s denial of a planned development permit is final. There shall be no right of appeal under tribal, state, or federal law.
[History] Ord. 176 (9/5/03).
20-03.570 Criteria for Approval.
(A) Comprehensive Plan. All Planned Developments must meet or exceed the goals, guidelines, and requirements of the Comprehensive Plan.
(B) The Planning Department may only grant a Planned Development permit when the applicant has demonstrated that the proposed land use will meet or exceed the following criteria:
(1) The proposed land use will be a high quality of development, functionally and aesthetically;
(2) The proposed land use will be compatible with surrounding land uses, both existing and proposed; and
(3) The proposed land use will be consistent with the proper conservation and management of environmentally sensitive areas.
(C) Planned development procedures may be used to achieve:
(1) Increased density in residential districts and commercial districts;
(2) A broadening of permitted uses in a district as typically obtained through conditional use procedures (see Appendix II); and
(3) Variance on development standards when specifically approved in plans and a contract;
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.580 Design Criteria.
(A) The Planning Department shall maintain a list of desirable site design features usually considered in the approval of certain planned developments and make it available for public inspection;
(B) Density or floor ratio increases as described on Table II are only allowed for uses permitted outright in the underlying zoning district; and
(C) All planned developments shall have adequate public facilities to serve the development.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.590 Fees.
The Planning Department shall charge all persons who apply for a Planned Development Permit the application fee established in the fee schedule plus the generally accepted hourly rate for reasonable staff time and administrative costs.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.600 Application Procedures.
(A) Pre-Application Form. The applicant shall initiate the procedure for obtaining a Planned Unit Development permit by meeting with the planning official to prepare a pre-application form. The primary purpose of this conference is to determine what kind of project is being proposed and what kind of design problems might be encountered through special district or legal/physical complications.
(B) Preliminary Application. The applicant shall initiate the second step in the application procedure by preparing a short form (or preliminary application) to provide an indication of local attitudes toward his or her proposal prior to investing large sums in plan preparation.
(C) Public Hearing. The applicant shall initiate the third step in the process by preparing for a public hearing, where the application is advertised, reviewed and presented to public hearing as described in Sections 20-03.100 through 20-03.120 and any rule or regulations promulgated thereunder. Approval of the preliminary application does not obligate the Planning Commission to approve a final application.
(D) Final Approval.
(1) Short Form. The Planning Department may issue final approval on the short form when development costs are less than one hundred fifty thousand dollars ($150,000) and site area is less than one (1) acre.
(2) Projects eligible for approval by short form include:
(a) Tree cutting or logging;
(b) Bulkhead construction;
(c) Single-family residence construction;
(d) Road or utility installation;
(e) Home or business expansion; and
(f) Other similar projects.
(3) Long Form. Major planned developments can only be approved by completion and approval of the standard long application form. This can be obtained from the Tribal Planning Office.
(E) The application for planned development may be processed together with a conventional zoning change on the same property. Provided, a full fee for both applications will be charged.
(F) Application fees for planned developments use the same fee schedule as rezone applications. This fee is assessed once with each of the two (2) applications. Therefore, major developments requiring both applications are assessed twice while small projects are assessed once. A fee schedule may be obtained from the Planning Department.
(G) Method of application review and approval:
(1) Full applications shall be presented to the Planning Department at least sixty (60) days prior to the proposed public hearing.
(2) Applications shall be advertised, reviewed and subjected to public hearing pursuant to the terms of Sections 20-03.100 through 20-03.120 and any rules or regulations promulgated thereunder.
(3) The Planning Commission shall prepare a list of all restrictions and conditions to be covered by the bond.
(4) The Planning Commission shall approve or deny the application and shall list the reasons upon which the decision is based, and the necessary conditions, prohibitions, and restrictions to be imposed on the proposed planned development.
(6) All development permitted by this Section shall be constructed in conformance with plans, specifications, restrictions and conditions as approved by the Planning Commission.
(7) All planned unit developments shall be started within one (1) year and completed within three (3) years of final approval of the project unless the Planning Commission approves an extension of the completion date.
(8) The decision of the Planning Commission is final in all cases except when reversed by the Senate at its next regular meeting.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
Subchapter VI – Rezones, Variances, Mobile Homes, and Home Businesses
20-03.610 Rezones.
(A) The purpose of this Section is to define the process by which zoning of one (1) or more parcels of property may be changed.
(B) Rezoning may be initiated by:
(1) A proper petition filed by the landowner(s); or
(2) A motion of the Planning Commission or Senate requesting that the Planning Commission initiate rezone procedures.
(C) Full applications for rezones shall be advertised, reviewed and subjected to public hearing pursuant to the terms of Sections 20-03.100 through 20-03.120 and any rules or regulations promulgated thereunder.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.620 Variances.
(A) The purpose of this Section is to provide a procedure for varying the requirements of this Chapter when they create unreasonable hardship for a particular landowner.
(B) Variances may be initiated by a proper petition by the landowner(s).
(C) The Planning Commission shall review the request for a variance on the bases that:
(1) The variance is not a grant of special privilege that is inconsistent with the limitations upon other properties in the vicinity and in the zone where the property is located and that the following circumstances are found to apply:
(a) The strict application of Chapter 20-03, the zoning code is found to deprive the subject property of rights and privileges enjoyed by other properties in the vicinity under the same zone classification, because of special circumstances related to property size, shape, topography, surroundings or non-conventional ownership status.
(b) The granting of the variance will not hinder community goals or injure property or improvements in the neighborhood and zone in which the property is located.
(c) Indian Heirship. This Section acknowledges the unique problems posed by fractionated Indian ownership of allotments. In cases where multiple ownership of a parcel makes agreement on a single land use impossible, the owners of the parcel may apply to the Planning Commission for a variance. In cases where a variance would increase residential density in a zone, the Planning Commission shall require the development of a residential plan that minimizes the impact of this increased density on the surrounding properties in the zone. The Planning Commission shall utilize the procedures established by Sections 20-03.560 through 20-03.600 and any rules or regulations promulgated thereunder.
(D) The Planning Commission shall hold a public hearing on the request for a variance within sixty (60) days after proper advertisement and review pursuant to the terms of Sections 20-03.100 through 20-03.120 and any rules or regulations promulgated thereunder.
(E) The Planning Commission shall recommend either approval or denial of the request.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.630 Manufactured and Mobile Homes.
(A) All manufactured homes shall meet or exceed the design and construction standards established by the Manufactured Home Construction and Safety Standards Act, as most recently amended, at 42 USC §§ 5401 – 5426, and any rules or regulations promulgated thereunder.
(B) No new mobile homes shall be installed on the Reservation.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.640 Home Businesses.
(A) Small businesses are permitted in single-family residences under the following conditions:
(1) There is no external evidence of the activity other than a small unlit sign;
(2) The activity takes no more than one-fourth (1/4) of the floor area of the residential structure; and
(B) If the business becomes a nuisance and affects the neighbors right to quiet enjoyment of their property, the neighbors have a right to obtain redress from to the Planning Commission
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
Subchapter VIII – Subdivision Moratorium
20-03.650 Moratorium.
(A) No person who owns or controls the use of land within the exterior boundaries of the Swinomish Indian Reservation of the Swinomish Indian Tribal Community shall subdivide his or her property, or permit some other person to subdivide his or her property, without first obtaining a subdivision permit from the Planning Department.
(B) The Planning Department shall not issue a subdivision permit until it has promulgated rules and regulations developed under the authority of a subdivision code.
[History] Ord. 176 (9/5/03).
20-03.660 Exception.
The moratorium set out in Section 20-03.650 above shall not apply to any land subdivision application that was entirely complete prior to the enactment of this Chapter.
[History] Ord. 176 (9/5/03).
20-03.670 No Applications Accepted During Moratorium.
During the moratorium, the Planning Department shall accept no new applications for the subdivision of land. No vested rights shall result from any incomplete application for the subdivision of land pending on the date of enactment of this Chapter. Any such incomplete application shall be subject to all provisions of tribal law, including any amendments to the Zoning Code in effect at the time of review of the application subsequent to the moratorium.
[History] Ord. 176 (9/5/03).
20-03.680 Revision to Zoning Chapter.
The Planning Department shall prepare a subdivision code and shall submit it for consideration by the Planning Commission and Senate.
[History] Ord. 176 (9/5/03).
20-03.690 Public Notice and Hearing.
The Planning Commission shall conduct a public hearing on the moratorium within sixty (60) days of the enactment of this Chapter. Public notice of the moratorium and hearing shall be published in a local newspaper of suitable size and general circulation.
[History] Ord. 176 (9/5/03).
Subchapter IX – Repealer and Severability
20-03.700 Repealer.
This Chapter repeals and supersedes Ord. 43, Ord. 173, Ord. 164, and Ord. Unnumbered (1/11/78), and Res. 2001-6-075 and 97-8-46.
[History] Ord. 176 (9/5/03); Ord. 43 (2/1/77).
20-03.710 Severability.
(A) If any court of competent jurisdiction finds the application of any provision of this Chapter to be invalid, such judgment shall not affect the application of said provision to any property or structure not specifically included in said finding.
(B) If any court of competent jurisdiction finds any Section or Subsection of this Chapter invalid, such finding shall not affect the validity of other Sections or Subsections of this Chapter.
[History] Ord. 176 (9/5/03).
Appendices
Table I – Land Use Permitted in Each District
| LAND USE | ZONING DISTRICT | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
|
X = permitted outright upon issuance of a building permit. |
Agricultural |
Forest | Rural Residential | Suburban Residential | Urban Residential | Town-house | Limited Commercial | General Commercial | Industrial | Open Space |
| RESIDENTIAL ACTIVITIES | ||||||||||
| Single Family, 5-acre minimum lot | P | X | ||||||||
| Single Family, 2-acre minimum lot | P | X | ||||||||
| Single Family, A./9000 | P | X | X | |||||||
| Home Businesses (20-03.640) | X | X | X | X | X | X | X | X | X | P |
| Housing for Seasonal Employees | X | |||||||||
| Nursing Homes | P | P | X | |||||||
| Retirement Homes | P | P | X | |||||||
| Mobile Home Park | P | P | P | |||||||
| COMMERCIAL ACTIVITIES | ||||||||||
| Auto Parts Sales | X | X | P | |||||||
| Auto Repair Garage | P | X | X | |||||||
| Auto Service/Laundry Station | P | X | X | P | ||||||
| Auto Trailer/Truck Rentals | P | P | P | P | P | X | X | |||
| Banks & Lending Institutions | X | X | ||||||||
| Barber & Beauty Shops | P | X | X | |||||||
| Boat or Auto Sales | P | X | ||||||||
| Cocktail Lounges | A | X | ||||||||
| Day Nurseries | P | X | X | X | ||||||
| Drive-In Businesses | X | X | ||||||||
| Drive-in Theaters | X | |||||||||
| Drug Stores | A | X | X | |||||||
| Florist | A | X | X | |||||||
| Grocery Stores | A | X | X | |||||||
| Hardware Stores | X | X | P | |||||||
| Hotels | X | X | ||||||||
| Kennels, Commercial | X | P | X | X | ||||||
| Liquor Stores | A | X | ||||||||
| Machinery Rental, Heavy Mach. | X | X | ||||||||
| Machinery Rental, Light Tools | P | X | X | |||||||
| Marinas | P | P | P | P | P | P | P | X | X | P |
| Medical Clinics | P | X | X | |||||||
| Motels | X | X | ||||||||
| Nursery, Landscaping & Floral | X | P | X | X | ||||||
| Offices | P | P | X | X | ||||||
| Produce Stands, Temporary1 | X | P | P | P | X | X | X | P | ||
| Real Estate & Insurance Offices | P | X | X | P | ||||||
| Restaurants | A | X | X | A | P | |||||
| Taverns | X | X | ||||||||
| U-Wash/Launderette | P | X | X | |||||||
| Wearing Apparel Sales | X | X | ||||||||
| LAND USE | ZONING DISTRICT | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| X = permitted outright upon issuance of a building permit. P = Permitted by planned development only. A = Permitted as accessory use only. |
Agricultural | Forest | Rural Residential | Suburban Residential | Urban Residential | Town-house | Limited Commercial | General Commercial | Industrial | Open Space |
| INDUSTRIAL ACTIVITIES | ||||||||||
| Agriculture | X | X | X | X | X | X | X | X | X | X |
| Auto Wrecking, Junk Yard | P | X | ||||||||
| Industrial, Heavy | X | |||||||||
| Industrial, Light | P | P | P | P | P | X | X | P | ||
| Mills, Lumber & Shake | P | X | ||||||||
| Mineral Extraction | P | P | X | P | ||||||
| Timber Harvesting & Tree Cutting | X | X | X3 | X3 | X3 | X3 | X3 | X3 | X3 | X3 |
| Warehousing | P | P | P | X | X | P | ||||
| PUBLIC & SEMI-PUBLIC SERVICES | ||||||||||
| Camping, Commercial & Public | P | P | P | |||||||
| Churches | X | P | P | P | P | P | X | X | P | |
| Commercial Recreation - Indoor/Outdoor | P | P | X | X | P | P | ||||
| Commercial Recreation - Outdoor Only | X | P | P | P | X | X | X | |||
| Golf Courses | X | P | X | X | X | X | P | |||
| Hospitals | P | P | P | |||||||
| Parks, Public Recreational | X | X | X | X | X | X | P | P | X | X |
| Public Buildings & Land Uses (other) | P | P | P | P | P | P | P | P | X | P |
| Quasi-Public Buildings, Non-Profit | P | P | P | P | X | X | P | |||
| OTHER | ||||||||||
| Airport or Heliport | P | P | P | P | P | P | P | P | P | P |
| Cemeteries, Mausoleums & Crematoriums | X | P | P | P | P | P | ||||
| Garage, Parking | A | A | A | A | X | X | A | |||
| Go-Cart & Motorcycle/Auto Track | P | P | P | |||||||
| Horse Riding Stables | X | P | P | P | P | P | X | X | P | |
| Kennels, Private (<6 of one species) | X | P | P | P | X | X | P | |||
| Land Fills, Solid Waste Disposal | P | P | P | P | P | P | P | P | P | P |
| Mortuaries | P | P | X | |||||||
| Parking Lots | A | A | A | A | A | A | X | X | A | |
| Public Utility Installations | P | P | P | P | P | P | P | P | P | P |
| Radio & TV Stations & Towers | P | P | P | P | P | P | P | X | P | P |
| Shelter Stations (Pedestrian Waiting) | X | P | P | P | X | X | A | A | A | P |
| Swimming Pools | P | P | P | P | P | P | P | X | X | P |
1 Produce stands selling produce grown on the respective properties only.
2 Approved for not more than six (6) months.
3 In conformance with approved site plan only.
Table II – Lot Standards and Building Placement
| Zoning Districts | Minimum Lot Area | Minimum Lot Width at Building Line | Minimum Lot Frontage on Public Road | Minimum Building Setbacks from Property Lines | Maximum Building Height from M.G.L. 1 | Maximum Building Coverage of Site | Maximum Ratio of Building Area to Lot Size, Building Area: Lot Area | ||
|---|---|---|---|---|---|---|---|---|---|
| Front | Side | Rear | |||||||
| Agricultural | 30 acres per 2 dwelling units2 | 100 | 35' | 8' | 25' | ||||
| 30 acres per dwelling unit | 100 | 30' | 25'2 | 8'2 | 25'2 | ||||
| Urban Residential | 1 dwelling unit on septic system | 70' | 20' | 25'2 | 8'2 | 25'2 | 30 | 15% | |
| 1 dwelling unit/9,000 sq. ft. on public sewer | 70' | 20' | 25'2 | 5'2 | 25'2 | 35% | 1:3 | ||
| Townhouse | 6,000 sq. ft./dwelling unit4 | 150' | 60' | 40' | 12' | 25' | 30'5 | 25% | 1:36 |
| Limited Commercial | 1 acre | 100' | 100' | 80' | 35'7 | 25'7 | 30'5 | 20% | 1:46 |
| General Commercial | ½ acre | 100' | 80' | 35'7 | 25'7 | 30'5 | 20% | 1:46 | |
| Industrial | By Planned Unit Development | ||||||||
1 M.G.L is "mean ground level".
2 See description of district for reason two (2) units are permitted.
3 Add distance required for greenbelt when adjoining arterials.
4 Density may be increased up to fifty (50) percent in planned developments when approved, thereby creating a garden apartment development.
5 Heights may exceed written standard but building setbacks shall be increased one (1) foot for every additional foot in height.
6 Building may be placed closer to the lot line (in fact on the lot line) when lot adjoins a commercial or industrial district if:
(1) permission is obtained from the owner of the adjoining lot; and
(2) provisions of the Uniform Building Code regarding fire resistive construction are carefully followed.
7 Ratio can be increased up to one hundred (100) percent in planned developments when approved.
Table III – Additional Standards for Planned Developments
| Type of Land Use | Minimum Site Size | Minimum Paved Street Widths | Street Lighting Standards | Maximum Distance Building to Hydrant | Maximum Distance to Garbage Collection Center | Utilities | Minimum Landscaping Standards |
| Mobile Home Park (not allowed) | N/A | N/A | N/A | N/A | N/A | N/A | N/A |
| Other Residential Parks | 5 acres | 25' two way 14' one way | By approved plan | 350 feet | 200 feet | Underground | All building setback areas shall be fully landscaped, with fence of plantings to provide visual 6' high within a reasonable time period: 20% of remaining site shall be landscaped or natural open space. |
| Commercial or Office Park | 1 acre | 25' two way 14' one way | By approved plan | 350 feet | 300 feet | Underground | 10' planting width along all lot sides plus undeveloped street right-of-way 10' width around all buildings except for driveways and walkways. 10% of parking area in plantings. |
| Industrial Parks | 2 acres | 25' two way 14' one way | By approved plan | Entire developed portion within a 300' radius of hydrant excluding parking lots. | All setback areas except for driveways and walkways plus 10% of remaining site. 8' sight screen of all exterior service or storage areas. |