02-01-77
Western Washington Agency
3006 Colby Avenue, Federal Building
Everett, Washington 98201
February 3, 1978
Memorandum
To: Area Director, Portland Area
Attention: Tribal Operations
From: Superintendent
Subject: Swinomish Resubmitting Zoning Ordinance and
Addendums 43(A) and 43(B) with Amendments.
Attached are three copies each of amendments to Swinomish Zoning
Ordinance No. 43(A) and 43(B) which was adopted by the tribe on
January 11, 1978 and received in our office January 23, 1978.
Also enclosed are copies of Resolution No. 77-11-480, Ordinances
No. 43(A) and 43(B) and copy of Superintendent's letter to the
Senate of January 5, 1978 and a manually signed copy of the
zoning ordinance.
The subject ordinance is being resubmitted with amendments for
approval by the Secretary of the Interior, pursuant to Article VI,
Section 2, Manner of Review, of the Swinomish Constitution.
The amendments appear to be well written and we recommend approval.
John W. Bushman
Acting Superintendent
Enclosures
cc: Swinomish Tribe
Law & Order
Subj.
Branch Chrono
Master Chrono
JSAVOK:jml:2/3/78
INTRODUCTORY NOTES
TITLE 17 - ZONING
1. Constitutional Authority
Enacted pursuant to Swinomish Constitution Article VI,
Section (k) and Section (1).
2. Chronology of Swinomish "Zoning" Legislation
July 2, 1976 A zoning ordinance was passed as an emergency
measure, "revisions pending". This
legislation was not reviewed by the BIA.
February 1, 1977 Permanent Zoning Legislation was enacted.
The Zoning Ordinance and signature page
to the permanent Zoning Ordinance
received by the BIA listed an effective
date of July 2, 1976.
February 16, 1977 Letter Sent to Chairman of the Swinomish
Senate from the Western Washington Agency
Superintendent requesting an original
certified copy of the Zoning Ordinance for
approval action by Agency Superintendent.
A handwritten note on the letter states,
"Why wasn't a certified copy sent to them?"
March 9, 1977 Memo from the Western Washington Agency to
the Portland Area Office noting Zoning
ordinance approval by Western Washington
Agency as of February 24, 1977.
March 25, 1977 Memo sent to Washington D.C. office from
Portland Area Office suggesting need for
approval by the Washington D.C. office.
April 7, 1977 Resolution 77-4-433 adopts amended zoning
ordinance in Resolution form and "authorizes
certification of the Ordinance as enacted
previously."
April 18, 1977 Memo to Portland Area Office from Washington
D.C. office confirming the need for "approval"
by Washington D.C. office.
June 1, 1977 Resolution 77-6-447 temporarily withdrew
the Swinomish Zoning Ordinance from
consideration while the Solicitor's
office reviewed the matter.
November 3, 1977 Res 77-11-480 resubmitted the Zoning
Ordinance "plus addendum" to the BIA
for review. The addendum was referred to a
as Ord 43A-Environmental Policy Act. (The
addendum was received separately by ICM
and codified as part of Title 14-Environment
and Land Use.)
November 18, 1977 Memo from Western Washington Agency
to Portland Area Office noting
addendum of 43A-Environmental Policy
Act and the resubmission of the Zoning
Ordinance. It recommends approval.
December 7, 1977 Enactment of Ordinance 43B-Establishment of
of Land Use Planning Advisory Board.
(This was also received separately from
the zoning ordinance in the initial
Swinomish materials and was codified
as part of Title 14-Environment and
Land use)
January 11, 1978 The "Amendments to Swinomish Zoning
Ordinance No. 43A and 43B" were passed.
These amended the text of the Original
Zoning Ordinance, NOT the text of
Ordinance 43A of November 18, 1977 or
December 7, 1977.
February 3, 1978 Letter sent from the Western Washington
Agency to Portland Area Tribal Operations
enclosing the "Swinomish Resubmitting
Zoning Ordinance and Addendums 43A and
43B with Amendments." A copy of
the letter follows. (See next page.)
3. Nomenclature and Codification "Zoning" Legislature
o It appears that the original permanent Zoning Ordinance
was labelled as Ordinance 43. No definite indication of
that was included in the materials initially received by
ICM. A march 9, 1977 letter from the Western Washington
Agency of the BIA to the Portland Area Office does refer
to the Zoning legislation as Ordinance 43. However, this
letter was not received by ICM until November, 1984.
o When the Environmental Policy Act was passed on November
3, 1977, it was designated as Ordinance 43A. Also, when
the Establishment of Land Use Planning advisory Board
Ordinance was passed on December 7, 1977, it was designated
as Ordinance 43B. At the time these materials were
received, ICM had no indication that the Zoning Ordinance
was designated as Ordinance 43.
o When amendments were made to the original Zoning Ordinance
on January 11, 1978, they were titled "Amendments to
Swinomish Zoning Code No. 43A and 43B.
THEREFORE, it appears that with enactment of the Environment
Policy Act (43A), that drafters then referred to all previous
zoning legislation as Ordinance 43A. This became more
confusing with passage of the passage of the Establishment
of Land Use Planning Advisory Board, so that when the
original Zoning Ordinance (which should still have been
called 43), was to have part of its initial text amended,
it was referred to as "Swinomish Zoning Ordinance No. 43A
43B." In actuality, Ordinance 43A and 43B were the measures
noted above (i.e., The Environmental Policy Act and the
Establishment of Land Use Planning Advisory Board).
To further complicate matters, the way the enacting legislation
was labelled, one might conclude that the amendments of
January 11, 1978 could be 43A and 43B themselves. Following
is a list of how these various legislations are now referred
to in the codification.
Popular Name Enactment Designation/Date Code Location
o (Permanent) Ordinance 43 (2/1/77) Title 17-Zoning
Zoning Ord.
o Environmental Ordinance 43A (11/3/77) Chapter 14-2 of
Policy Act Title 14
(also referred
to as "addendum"
o Land Use Adv. Ordinance 43B (12/7/77) Chapter 14-4- of
Board Title 14
o Amendments Amendments to Swinomish Codified as
of 1/11/78 Zoning Ordinance No. 43A amendments to
and 43B. original Zoning
Ordinance
4. Zoning Ordinance Appendices
The original Table of Contents for the Zoning Ordinance
listed "Table III - Additional Standards for Planned
Development" as an appendix. However, ICM has been
informed that such standards do not exist. Therefore,
a "Table III" has not been included in the appendix.
5. BIA Approval
The Zoning legislation passed by the Senate is awaiting
the outcome of a constitutional election on the Reservation
which my remove the requirement of BIA approval presently
in Article VI, Sections 19k0 and (1) of the Swinomish
Constitution. The Amendment is intended to resolve the
dilemma of the present requirement of BIA approval, and
what the Tribal Attorney describes as a BIA moratorium
on the approval of Indian Zoning Ordinances.
TABLE OF CONTENTS
TITLE 17 ZONING
Chapter 17-1 Introduction
17-1.010 Purpose
17-1.020 Jurisdiction
17-1.030 Definitions
17-1.041 Official Zoning Map
17-1.042 Official Development Map
17-1.043 Boundary Interpretation
17-1.044 Application of Regulations
Chapter 17-2 Description of Districts
17-2.010 Agricultural District
17-2.020 Forest District
17-2.030 Rural Residential District
17-2.040 Surburban Residential District
17-2.050 Urban Residential District
17-2.060 Townhouse District
17-2.070 Limited Commercial District
17-2.080 General Commercial District
17-2.090 Swinomish Village District
17-2.100 Industrial District
17-2.110 Industrial District
Chapter 17-3 Special Districts
17-3.010 Purpose
17-3.020 Archeological Districts
17-3.030 Cultural and Historical Districts
17-3.040 Shoreline District
17-3.050 Water Preservation Districts
17-3.060 Scenic Highways District
Chapter 17-4 Site Development Standards
17-4.010 Off-Street Parking; Commercial, Industrial
and Apartments
17-4.020 Required Public Right-of-Way
17-4.030 Driveway Location and Design on Arterial
Streets
17-4.040 Auto Service Station Requirements
17-4.050 Performance Standards for Non-Agricultural
Land Uses
17-4.060 Sign Regulations
17-4.070 Lands Classified as Unbuildable
17-4.080 Landscaping and Buffering Devices
Chapter 17-5 Planned Development, Changing Zoning
and Variances
17-5.010 Purpose
17-5.020 Planned Development (Contract Zoning)
17-5.030 Change in Zoning Districts (Rezones)
17-5.040 Variance
17-5.050 Mobile Home Used as Single Family Residences;
Separate Lot
17-5.060 Home Occupations
Chapter 17-6 Administration and Amendments
17-6.010 Standard Method of Advertising For Public
Hearings by the Swinomish Planning
Commission
17-6.020 Permits
17-6.030 Application For Permits
17-6.040 Official Controls, Administration and
Enforcement
17-6.050 Entry Upon Private Property
17-6.060 Application For Zoning Change
17-6.070 Complaints Regarding Violations
17-6.080 Penalties For Violations
17-6.090 Severability Clause
17-6.100 Repeal of Conflicting Law
17-6.110 Schedule of Fees
Appendices
1 Table I-Land Use Permitted in Each District
2 Table II-Lot Standards and Building
Placement
3 Official Zoning Map
4 (A) Application For Rezone
(B) Application For Variance
(C) Preapplication Form
(D) Long Form
(E) Application For Building Permit
(F) Declaration of Non-Significance
5 Swinomish Zoning Summary
TITLE 17
ZONING
[History] Emergency Ord (7/2/76) Ord 43 (2/1/77) Res of Certification
77-04-443 (4/7/77)
Chapter Introduction
17-1
17-1.010 Purpose
The primary purpose of this Title is to provide
guidelines and definitions for comprehensive plan
implementation and to promote the health, safety,
and general welfare of Tribal Community members
and others living on reservation lands. The
specific goals are listed below:
(1) To ensure a proper environment that is
compatible with the desired Indian lifestyle,
present and future.
(2) To establish a desirable pattern of land
uses which 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 density so
that public facilities can be properly scaled to
serve present and future development.
(4) To provide clear development policies
which 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 marina life.
(10) To protect areas of archeological and
cultural significance.
(11) To protect the beauty and maintain the
environment of the Reservation.
17-1.020 Jurisdiction
At present forty-six percent of the reservation
(or 3,316 acres) have been alienated, fifty percent
(or 3,577 acres) remains in allotted status and
four percent (or 274 acres) is tribally owned. In
addition, there are a large number of tribally
owned and controlled acres of tidelands (approximately
2,900 acres) and waters surrounding the
Reservation.
The Tribal Community has complete control of
all lands within the reservation boundaries and
the Tribal Community retains the right to zone
all lands and waters within the bounds of the
Reservation.
17-1.030 Definitions
(1) "Accessory Use" means a use which serves
the principal use, located on the same lot or in
the same building as the principal use.
(2) "Adjacent Property" means those parcels of
property with a boundary line nearer than 300 feet
to the subject property.
(3) "Adjoining Property" means any parcel of
property having contact with the subject property.
(4) "Agricultural use" means the primary production
of foodstuff or products in excess of the needs of the
lot. This does not include the processing, handling,
or packaging of these foodstuffs for the use of the
residents of the lot.
(5) "Aquifers" means areas of loose soil, gravel,
or rock where water enters the ground in large quantities
forming underground ponds and watercourses.
(6) "Buildable Land" means lands not classified
as unbuildable in 17-4.070 of this title.
(7) "Building Setback" means the distance that
a building must be set back from a property line.
(8) "Commercial Use" means the provision of
goods, merchandise, or services for compensation.
(9) "Condemnation" means to prevent occupancy
of a structure or land for reasons of health or
structural dangers or violations of the reservation's
health code, occupancy code or zoning ordinance.*
(10) "Conditional Use" means a land use permitted
by the contractural conditions as in the Planned
Development section of this title.
(11) "Decision" means a motion by the Swinomish
Planning Commission approved by a legal quorum of
said commission unless challenged by the Swinomish
Senate within a reasonable time period. When so
challenged the motion and approval become the
responsibility of the Senate.
(12) "Density" means the ratio of residential
units allowed for each acre of property; i.e., four
single family residences per acre.
(13) "Developed Land Area" means that portion of
a parcel of property which has undergone extensive
improvement such as grading, landscaping, or construction
of structures for residential, commercial
or industrial use.
(14) "District Boundaries" means boundaries
determined by the adoption of the official zoning
map and interpreted as directed in section 17-1.043
of this title.
(15) "Environment" means the area within which
any development of any type may have impact, either
physical or aesthetic.
(16) "Floor Area Ratio" means the amount of
land required for each square foot of building
area. For instance, 1:3 equals one square foot of
building allowed for each three feet of buildable
lot area.
(17) "Industrial Use" means creating value by
storing or processing raw or bulk materials, systematic
or large scale fabrication, construction, manufacturing,
or transportation and port authority.
(18) "Lot" means a site that is described by
reference to a recorded plat, by metes and bounds,
or by section, township, and range which has direct
legal access to a street or has access to a street
over an easement approved by the Senate.
(19) "Lot Size" means the total horizontal area
within the boundary lines of a lot. Some of this
area may not be used in calculating buildable land
(see Section 17-4.070).
(20) "Minimum Yard" means an open space on a lot
which is created by building setbacks required by
this title.
(21) "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.
(22) "Non-conforming Use" means the use of a
building, structure of parcel of land which does
not conform to the regulations of the zone in which
it is located.
(23) "Official Zoning Map" means a map approved
by the Swinomish Indian Senate, which is a part of
this title when so adopted, and sets out the boundaries
of the various zones provided by this title.
(See Section 17-1.041).
(24) "Open Space" means a zone or area where
buildings or structures are not encouraged.
(25) "Planning Commission" shall mean the
Swinomish Indian Tribal Community Planning Commission.
(26) "Planned Development" means a development
designed to be constructed according to an approved
plan or a use permitted in a zone only after appropriate
review and approval by the Planning Commission,
imposing performance standards to ensure compatibility
with adjacent property.
(27) "Planting Buffer" means a landscaped area
between different types of land uses to reduce
incompatibilities of the different uses.
(28) "Public Utility Installations" means
installation of water, sewers, or other utilities by a
local utility destrict or the Swinomish Tribal Community.
(29) "Residential Use" means a structure intended
as living accommodations for a person or persons.
(30) "Residential Unit" means a dwelling that
is designed for habitation by one family. An
apartment is made up of several residential units.
(31) "Review" means request for opinions only.
This does not necessarily give authority to approve
or deny action.
(32) "Senate" means the Swinomish Indian Senate,
an eleven member body, whose members are elected
from the Swinomish Indian Tribal Community for
staggered five year terms. It is the governing
body of the Swinomish Indian Reservation.
(33) "Sight Obscured" means landscaping or
fencing designed to block the view from adjacent
properties.
(34) "Sign" means any structure or natural
object identifying the premises upon which it is
located, or advertising the activities, goods or
services that are available or produced on a
premise.
(35) "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.
(36) "Subdivided Property" means any parcel of
property which has been divided by a duly registered
subdivision plat. 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.
(37) "Temporary Housing" means not have permanent
attachment to the ground, or involving buildings
which have no required permanent attachment to the
ground.
(38) "Tidelands means land surface that is
exposed at extreme low tide but covered by an extreme
high tide.
(39) "Twenty Percent Slope" means a parcel of
property, or portions of a parcel of property on
which the elevation increases at a rate exceeding
one foot vertically for every five feet horizontally.
(40) "Wetlands" means lands identified as marshes,
bogs, swamps, floodways associated with streams,
lakes, and tidal waters.
(41) "Zone" means the designation of land
management policies to geographical areas as shown
on the tribe's official zoning map thus applying the
requirements of this title.
17-1.041 Official Zoning Map
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 title. The Official Zoning Map shall be
identified by the signatures of the Senate
Chairman and Vice Chairman and attested to be the
Secretary of the Swinomish Tribal Community Senate.
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.
The Official Zoning Map, which shall be located
in the Tribal Office, shall be the final authority
on the current zoning status of the land and water
areas, buildings, and other structures on the
Reservation.
17-1.042 Official Development Map
The Comprehensive map for the Swinomish Reservation
is herein declared the Official Development
Map for purposes of limiting the development of
properties that are designated for future parks,
schools, streets and other public uses.
17-1.043 Boundary Interpretation
Where uncertainty exists as to boundaries shown
on the zoning map or comprehensive plan, 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 understood to be the boundaries.
(b) The location of a boundary shall be
determined by use of the scale appearing on the
Official Zoning Map. Where the district line is
a topographic variation, the toe of the slope
as identified on the Official Zoning Map will be
the division line, which may divide large single
ownership parcels.
(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 added to the property.
17-1.044 Application of Regulations
(a) Except as hereinafter provided, no building
shall be erected, reconstructed, or structurally
altered except in compliance with the regulations
established by this title and for the district in
which the building or land is located.
(b) Where site development standards are
established by this title 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.
(c) The minimum yards or other open spaces
required by this title 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 code and the occupancy of such
building shall be illegal.
(d) Any lot of any size can 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 title,
provided it has a minimum thirty foot frontage on
a public street or access to a public street by a
minimum twenty foot wide private lane.
(e) Where a structure or land use exists at
the effective date of adoption of this title that
could not be built under the terms of this title,
such structure or land use shall be non-conforming
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 title except when permitted under
planned development (Chapter 17-5), nor shall
additional signs be permitted. All changes in
non-conforming uses shall conform with the provisions
of this title.
(f) A non-conforming use shall be considered
abandoned if discontinued for a period of six
months and any future use of such land or buildings
shall conform with the provisions of this title.
Chapter Description of Districts
17-2
17-2.010 Agricultural District (A)
The purpose of this 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.
To accomplish these objectives this section
requires a minimum lot size of thirty acres in the
agricultural district but allows two houses in the
lot which provides a second residence for family
or employees. Temporary housing for seasonal
workers is also permitted outright. Barns and
outbuildings are permitted outright as accessory uses.
17-2.020 Forest District (F)
The purpose of this 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 thirty 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 125 foot setback is required adjacent
to all arterials to provide a 100 foot greenbelt
of undisturbed forest on each side of the road.
17-2.030 Rural Residential District (RR)
The purpose of this district is to retain a
rural character that does not require public sewers
or fully developed roads. A minimum lot size of
five acres is required. This density should provide
adequate room for a major garden and/or several
larger animals.
A 125 foot setback of buildings is required
adjacent to all arterials to provide a 100 foot
greenbelt of natural forest along each side of the
road.
17-2.040 Suburban Residental District (SR)
The purpose of this district is twofold. First,
to provide a surburban atmosphere in areas that have
good soil for septic tanks. Second, as a transition
zone for areas that are scheduled for higher
density single family residence at a later time if
urban services are provided.
Minimum lot size is two acres.
A 75 foot setback is required along all artrials
to provide a 50 foot wide greenbelt of forest along
each side of the road.
17-2.050 Urban Residential District (UR)
The purpose of this district is to provide urban
single family tracts of 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 acre is recommended when lots can
be served by an approved septic tank or other
individual system.
It is also the intent of this title to relate
non-residential uses in this district tot he 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.
A 75 foot building setback is required along
all arterials to provide for a 50 foot greenbelt
along each side of the road.
17-2.060 Townhouse District (TH)
The purpose of this district is to establish
areas of medium density where land can be used
efficiently by 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 respective
(but attached) residential units. The intent is
that the development of this district will yield
the same individualism of single family residential
development and will also provide the advantages
of apartment living found in communal use of
recreation facilities and grounds and communal
maintenance of same.
The higher density of development in this
district will require a higher quality of roads and
other community facilities, but economies will be
achieved through a more efficient use of public
utilities.
Medical clinics and garden apartments may be
located in this district under planned development
policies.
17-2.070 Limited Commercial District (LC)
The purpose of this district is to provide
household commodities 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 clothing
shops, restaurants, service stations, launderettes
and motels.
Garden apartments are permitted under planned
development policies.
17-2.080 General Commercial District
The purpose of this district is to provide an
open commercial district for commercial and light
industrial activities - from gas stations and
supermarkets to warehousing and light manufacturing.
It is recommended that this district be separated
from residential districts or uses.
Permitted uses include grocery stores, drug
stores, self-service laundries, general retail and
specialty shops, banks, offices, cafes, restaruants,
motels, boatels, boat moorage, appropriate entertainment
and recreation facilities, parks and boat
launching, 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 day
care centers are permitted outright.
Shopping centers may be formed using this district
under the protection of planned development
policies applying specific land uses and special
performance standards.
17-2.090 Swinomish Village District (SV)
The purpose of this district is to establish a
zone for those lands comprising the Swinomish Village.
Residential, governmental, recreational, community
service, light industrial, and commercial activity
are encouraged in this district. All development
within the Village shall be by the Planned Development
procedure outlined in Section 17-5.020.
Provided, however, that single family residences
are allowed with written permission of the Planning
Commission, if the residence is to be located within
an assigned or leased trust parcel or complies with
the requirements of Sections 17-2.030, 17-2.040
or 17-2.050 of this Title.
17-2.100 Industrial District (I)
The purpose of this district is to provide
a zone for all industrial activities on the condition
that they can meet the performance standards
established in Section 17-4.050 of this
Title. All industrial development shall be by
planned unit development as provided in Section
17-5.020.
17-2.110 Open Space District (OS)
The purpose of this 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 growth and harvest,
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 shall be by planned development (see
Section 17-5.020).
Chapter Special Districts
17-3
17-3.010 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 a special district
by planned development only (as described in section
17-5.020 of this title). Development will
only be approved when the preservation of desirable
social, cultural, hostorical and environmental
characteristics of the land are assured.
17-3.020 Archeological Districts
These districts 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.
170-3.030 Cultural and Historical Districts
These districts shall be established at all
sites that have historical significance to the
Indian nation(s) or are used in religious or
cultural activities. No development shall occur
in these districts until the Tribal Community is
assured that the proposed project will not affect
their historic, religious or cultural use of the
site or area.
17-3.040 Shoreline District
These districts shall extend from 200 feet
inland of the extreme high tide line to the extreme
low tide line including wetlands. No development
shall be permitted in these districts until
the Planning Commission has approved 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 district. Since the tidelands are owned
by the Swinomish Tribal Community, no development
will take place on the tidelands without Senate
approval. However, should a question arise, the
extreme high tide land shall be the highest tide
for the area in question (as defined by the U.S.
Coast and Geodetic Survey on the Tidal Datum Plain).
All survey costs incurred to determine a contested
line will be paid by persons or parties other than
the Swinomish Tribal Community.
17-3.050 Water Preservation Districts
These districts shall be established at all
sites exhibiting potable high water tables, places
of known aquifers or ponding of fresh water. Such
districts shall extend 200 feet beyond the area
exhibiting these characteristics. No development
shall be permitted in these districts until the
Senate is assured that the purity and availability
of the water will be preserved.
17-3.060 Scenic Highways District
These districts shall be established adjacent
to all arterials passing through all districts
except commercial and industrial land use districts.
The scenic district extends 100 feet from all
arterial rights-of-way except in urban residential
districts where it shall be 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.
Chapter Site Development Standards
17-4
17-4.010 Off Street Parking - Commercial, Industrial and
Apartments
All parking areas except single family
residential shall be surfaced with a minimum of two
inches of asphalt or four inches of concrete with
parking stalls clearly marked. Crushed rock
surfacing may be sued on a temporary bases 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. Also, 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. All parking spaces shall
be so designed that autos do not back into public
right-of-way or sidewalk when parking or exiting.
No building permits for new construction or
remodeling shall be issued for building except for
single family residences until a parking plan has
been approved by the Planning Commission.
Parking lot design criteria and parking stall
requirements may be obtained at the reservation
planning office.
17-4.020 Required Public Right-of-Way
This title hereby establishes the circulation
element of the reservation's comprehensive plan as
the Official Arterial Map. Minimum standards for
street right-of-way shall be: 60 feet for collector
streets, 70 feet for secondary arterials and 80 feet
for primary arterials. Said standards shall be
decreased only upon approval of the planning
Commission.
Building setbacks shall be measured from the
edge of 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
title is approved shall be unaffected by this
section.
17-4.030 Driveway Location and Design on Arterial Streets
(a) No driveway shall be located within 30
feet of the intersection of property lines at
any traffic intersection.
(b) No driveway shall be wider than 35 feet
unless approved by the Planning Commission.
(c) Minimum spacing shall be 150 feet between
driveways on existing or proposed arterials
unless approved by the Planning commission.
(d) Driveways and parking lots shall be
designed with turnarounds so that vehicles do not
have to back into the arterial.
17-4.040 Auto Service Station Requirements
(a) The leading edge of the pump island shall
be 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 body work are
not permitted in auto service stations unless the
station is located in a general commercial or light
industrial zone.
17-4.050 Performance Standards for Non-Agricultural Land Uses
All emissions shall conform to the appropriate
Tribal Clean Air Ordinance (Chapter 14-1 of
this Code), other applicable Tribal law, and
standards of applicable federal agencies.
Any odor or glaring light from normal operation
detectable beyond the property boundary is prohibited,
and ground vibration shall be nonperceptible
(without instruments) at any point of 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.
17-4.060 Sign Regulations
(a) The accumulative area of all permanent
signs on any land parcel in a commercial or business
district shall not exceed an area of .01 times
the developed land area of that parcel.
(b) Permanent signs in a residential area
shall not exceed two square feet per land parcel
or 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 Table II.
(e) Dimensional plans and elevators of proposed
permanent signs shall be submitted to the
Planning Commission in a scale of one-half inch
equals one foot or larger for Planning Commission
approval.
(f) The above restrictions do not apply to
the temporary signs of realtors, fruit and produce
stands or other similar activities on the conditions
that these do not exceed a total of 25 square feet
in size, and be 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 events may be posted on
private property only. Each political candidate
or agency sponsoring the special events of 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 assigns
within the context of this title. Private traffic
or directional signs shall not be included when
less than two 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 title.
17-4.070 Lands Classified as Unbuildable
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 adverse qualities making
them difficult to develop. These qualities include:
(a) Land with a slope greater than twenty
percent;
(b) Land that is characterized by high water
table, or other water problems;
(c) Land with unstable soils;
(d) Bodies of water or water courses;
(e) Portions of property with access easements,
including private and public road rights-of-way;
(f) Land that is available under special
easements or agreements that do not cover the entire
lifetime of the proposed development;
(g) Land that is located in a special district
as described in Chapter 17-3 of this title.
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 sections of this title (Chapter 17-5).
17-4.080 Landscaping and Buffering Devices
The primary purpose of this section is to reduce
problems resulting from adjacent land uses that are
different through the use of landscaping.
(a) 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 feet high
within four years.
(b) 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 listed between
the two districts and multiplying the number by 10
feet:
1. Single Family Residential Districts
(including Agricultural and 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.
(c) The above planting buffers are not required
in front yards within twenty feet of a developed
road right-of-way.
(d) Landscaping shall be installed on the property
that is located in the higher or more permissive
district (higher number of the list).
(e) 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 sum equal to fifty cents
per square foot of required landscaping has been
filed at the Tribal Planning Office.
(f) 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
architecht or practicing nurseryman.
(g) Said bond shall be released one year after
plant installation on the condition that plants are
in a healthy, growing conditions.
(h) Plants shall be installed within one year
of building occupancy unless time extension is
approved by the Planning Commission. Undeveloped
adjacent properties may be grounds for time extension.
(i) No required landscaping area shall be used
for material storage or other use that may harm the
plants.
(j) These standards shall not apply to properties
that are substantially developed prior to the enactment
of this ordinance.
(k) No fence shall exceed six feet in height
measured from the adjoining property in residential
zones.
(l) Fences should not be constructed in a manner
that does not create a safety hazard or devaluates
adjacent property.
Chapter Planned Development, Changing Zoning
17-5 and Variances
17-5.010 Purpose
The purpose of this chapter is to provide the regulatory and
administrative procedures by which variance from, amendments to,
and alteration of the provision of this ordinance may be pursued.
17-5.020 Planned Development (Contract Zoning)
a. The purpose of this paragraph is to provide the opportunity
for substitution or alteration of the provisions
of this ordinance when the Tribal Community is assured of:
1. A high quality of development, functionally
and aesthetically;
2. Compatibility with surrounding land uses, both
existing and proposed;
3. The availability of adequate public facilities to
serve the development;
4. Proper conservation and management of environmentally
sensitive areas.
b. Planned development procedures may be used to achieve:
1. Mobile home parks;
2. Increased density in residential districts and
commercial districts;
3. A broadening of permitted uses in a district as
typically obtained through conditional use procedures
(see Appendix 2);
4. Variance on development standards when specifically
approved in plans and contract text;
5. Development privileges in environmentally sensitive
areas, including shorelines, tidelands, steep sloping
land, land in the vicinity of aquifers of water
sources;
6. Development privileges on lands that have special
characteristics that should be preserved including
archeological, open space and rural residential districts,
and land development along scenic highways.
c. Application procedures for planned developments.
1. First, the applicant meets with the zoning administrator
to prepare a preapplication 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 districts
or legal/physical complications.
2. Then a short form (or preliminary application) is
prepared by the applicant to provide an indication of
local attitudes toward his proposal prior to investing
large sums in plan preparation. The application is
then advertised, reviewed and presented to public hearing
as described in section 17-6.010 of this title.
Approval of the preliminary application does not obligate
the Planning Commission to approve a final application.
3. A final approval may be received on the short form when
development costs are less than $50,000 and site area
is less than one acre. Projects eligible for approval
by short form might include:
(a) Tree cutting or logging,
(b) Bulkhead construction,
(c) Single family residence construction,
(d) Road or utility installation,
(e) Home or business expansion,
(f) Other similar projects.
4. 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.
5. A list of desirable site design features usually
considered in the approval of certain planned developments
may be obtained at the tribal office.
6. Density or floor ratio increases as described on Table II
are only allowed for uses permitted outright in the
underlying zoning district.
7. The application for planned development may be processed
together with a conventional zone change on
the same property. However, a full fee for both
applications will be charged.
8. Application fees for planned developments use the
same fee schedule as rezone applications. This fee
is assessed once with each of the two applications.
Therefore, major developments requiring both applications
are assessed twice while small projects are
assessed once. A fee schedule may be obtained from
the Tribal Planning Office.
d. Method of application review and approval:
1. Full applications are presented to the tribal office
at least 60 days prior to the proposed public hearing.
2. Applications are advertised, reviewed and subjected
to public hearing by standard methods described in
section 17-6.010 of this title.
3. A list of all restrictions and conditions to be covered
by a bond shall be prepared by the Planning Commission.
4. The Planning Commission will approve or deny 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.
5. The decision of the Swinomish Planning Commission is
final in all cases except when reversed by the Senate
at their next regular meeting.
6. All development permitted by this paragraph 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 year and completed within three years of final
approval of the project unless the completion date
is extended by the approval of the Planning Commission.
17-5.030 Change in Zoning Districts (Rezones)
a. The purpose of this section is to define the process by
which the zoning of one or more parcels of property may
be changed.
b. Change of zone may initiated by:
1. A proper petition filed by the person(s) owning the
land.
2. A motion of the Planning Commission or Senate
requesting that the Planning Commission initiate
rezone procedures.
c. Full applications are advertised, reviewed and subjected
to public hearing by standard methods described in
section 17-6.010 of this title.
17-5.040 Variance
a. The purpose of this section is to provide a procedure
for varying the provisions of this ordinance when
they create unreasonable hardship.
b. Variances may be initiated by a proper petition by
person(s) owning the land.
17-6.070 Complaints Regarding Violations
Wherever a violation of this title occurs, or is alleged to have
occurred, any person may file a written complaint. Such complaint
stating fully the causes and basis thereof shall be filed with the
Planning Commission. The complaint shall be investigated. Upon
determining that the provisions of this ordinance have been violated,
the property owner of the subject property shall be notified by
certified mail within seven (7) days, specifying the nature of the
violation and the date by which the violation shall be corrected.
Notice and processing provisions of section 17-6.040 shall be applied.
17-6-080 Penalties For Violation
a. Violations of a provision of this title or any amendments
thereto or failure to comply with any of its
requirements (including violation of requirements and
safeguards established in connection with variances or
planned unit developments) 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 title 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.
[History] Ord 43 (2/1/77) Amendment (1/11/78)
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.
17-6.090 Severability Clause
It is hereby declared to be the intention of the Senate that the
many provisions of these zoning regulations are separable, in
accordance with the following:
a. If any court, of competent jurisdiction, shall find the
application of any provision of this title to be invalid,
such judgment shall not affect the application of said
provision to any property or structure not specifically
included in said judgment.
b. If any court, of competent jurisdiction, shall find any
section or subsection of this title to be invalid, such
judgment shall not affect the validity of other sections or
subsections of this title.
17-6.100 Repeal of conflicting Law
All ordinances or parts of ordinances in conflict with this zoning
ordinance, or inconsistent with the provisions of this title,
are hereby repealed to the extent necessary to give this title
full force and effect.
17-6.110 Schedule of Fees
A schedule of fees that are charged to persons requesting zone
changes or development privileges as described in this ordinance
may be obtained at the tribal office. The purpose of the fee is
to offset costs incurred in the administration of the ordinance.
Since 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.
APPLICATION FOR REZONE - SEE HARD COPY
APPLICATION FOR REZONE CON'T - SEE HARD COPY
APPLICATION FOR VARIANCE - SEE HARD COPY
c. The Planning Commission shall review the request 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 the zoning ordinance
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) That 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 problems. 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 of this ordinance. In cases where a
variance results in the approval of increased
residential density in a zone, the Planning
Commission shall encourage 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 of
section 17-5.020, Planned Unit Development, to
facilitate this process.
d. The Planning Commission shall hold a public hearing on
the request within sixty (60) days after proper
advertisement and review as described in section 17-6.010
of this title.
e. The Planning Commission shall recommend either approval
or denial of the request.
17-5.050 Mobile Home Used as Single Family Residences;
Separate Lot
a. Prior to the installation of any mobile home the property
owner shall provide written notice to the property owners
of all property within 300 feet of the boundaries of the
subject property using forms prescribed by the Planning
Department.
b. If the nearby property owners protest the mobile home
installation by signing and returning the petition(s)
within two weeks the Planning Commission will hear the
objections within sixty (60) days and deny or approve the
installation (perhaps placing reasonable conditions and
bonds on the site development).
17-5.060 Home Occupations
Small businesses are permitted in single family residences
as long as the following conditions are met:
a. There are no external evidences of the activity other
than a small unlighted sign.
b. The activity takes no more than one-fourth of the floor
area of the residential structure.
c. Neighbors do not complain (reasonably).
APPENDICES
1 TABLE I - LAND USE PERMITTED IN EACH DISTRICT
2 TABLE II - LOT STANDARDS AND BUILDING PLACEMENT
3 OFFICIAL ZONING MAP
4(A) APPLICATION FOR REZONE
(B) APPLICATION FOR VARIANCE
(C) PREAPPLICATION FORM
(D) LONG FORM
(E) APPLICATION FOR BUILDING PERMIT
(F) DECLARATION OF NON-SIGNIFICANCE
5 SWINOMISH ZONING SUMMARY
Chapter Administration and Amendments
17-6
17-6.010 Standard Method of Advertising For Public
Hearings by the Swinomish Planning
Commission
a. 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.
b. Upon receipt of a full application, a copy will be made
available for public review at the tribal office.
c. Availability of the application and future public hearing is
advertised in the LaConner newspaper and notices shall be
posted on the respective properties. A notice shall provide
for a hearing no earlier than 10 days from the effective date
of the notice.
[History] Ord 43 (2/1/77) Amendment (1/11/78)
d. The Planning commission holds a public hearing on date
advertised in (c) above, then considering all testimony, facts
and opinions, forms a decision on the proposed action. This
decision is final unless challenged by the Tribal 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 Chairman of the Senate, or
designee thereof. Provided, further that reference to "final
decisions" herein refers to exhaustion of Tribal remedies only.
Decisions of the Senate or those decisions of the Planning
Commission authorized by the Chairman are appealable
immediately to Federal District Court.
[History] Ord 43 (2/1/77) Amendment (1/11/78)
17-6.020 Permits
No building permit shall be issued unless the use or structure to be
established, or structurally altered, is permitted by this title or for
which a planned unit development or variance has been obtained under the
provisions of this title, and all other required permits or licenses
from applicable tribal or federal agencies have been obtained.
17-6.030 Application For Permits
Applications for building permits issued in accordance with this
ordinance 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 ordinance.
Information and application forms will be furnished by the tribal
office.
17-6.040 Official Controls, Administration and
Enforcement
a. The Senate shall cause official controls to be prepared which,
when adopted will further the objectives and goals of the
comprehensive plan. The Senate or Planning Commission may
also draft regulations, programs and legislation which, in its
judgment, are required to preserve the integrity of the
comprehensive plan and assure its systematic execution.
b. The Planning Commission and/or Senate shall appoint a
representative to administer and enforce this title. If the
representative finds that any of the provisions of this title
are being violated, he shall notify in writing the person
responsible for such violations, indicating the nature of the
violation and ordering the action necessary to correct it.
The notice shall also inform the recipient of his right to a
hearing before the Planning Commission if he to contest the
alleged violation. The Planning Commission and Senate shall
take any action authorized by law to insure compliance with or
to prevent violation of its provisions. Provided that said
notice shall inform the alleged violator that he or she has an
appropriate number of days 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 43 (2/1/77) Amendment (1/11/78)
c. Any person agrieved by a determination by the Planning
Commission shall have a right of appears to the Senate within
thirty (30) days. All decisions of the Senate shall be final.
d. 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 zoning
ordinance.
e. Any permit or license issued in conflict with the provisions of
this ordinance or its parts shall be null and void.
f. In the event a violation has been determined, failure to
correct the violation within the stated time period shall make
the property and any structures thereon a public nuisance and
it shall be the duty of the law and order administration to
bring action in the Swinomish Tribal court to prosecute in
accordance with section 17-6.080 of this title.
17-6.050 Entry Upon Private Property
Members of the Tribal Planning Commission and Senate may enter any
reservation lands to make examinations and surveys. The Building
Inspector, members of the Planning Commission and the planning, health,
and engineers staff, in the performance of their functions and duties,
may enter upon any alienated or non-alienated land and make
examinations and surveys. Provided, that all such entries and
examination do not unreasonably interfere with the use of the land by
those persons lawfully entitled to the possession thereof.
17-6.060 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 ordinance on its own
motion.
FEE SCHEDULE FOR
SWINOMISH INDIAN TRIBAL COMMUNITY
Variance $ 50.00
Conditional Use Permit $ 100.00
EIS Checklist $ 25.00
EIS $ 200.00
EIS Appeal $ 100.00
Rezone Application $ 250.00
Short Plat Review (L5 Lots) $ 200.00 + $20/lot
Medium Plat Review (L5 Lots) $ 400.00 + $20./lot
Long Plat/P.U.D. Review (15 or more lots) $ 600.00 + $25./lot
Home Occupation Permit $ 25.00
Legal Notice Publication $ 20.00
Special Improvement Permit $ 50.00
In the event that actions of an applicant result in the repetition of
the review inspections and other steps in the review process, those
items repeated shall be charged to and paid by the applicant prior to
any further processing of the application at the rate of $25.00 per
hour.
[History] Res 80-10-765 (10/7/80)
APPLICATION FOR VARIANCE - SEE HARD COPY
PREAPPLICATION FORM - SEE HARD COPY
PREAPPLICATION FORM CON'T - SEE HARD COPY
LONG FORM - SEE HARD COPY
LONG FORM CON'T - SEE HARD COPY
LONG FORM CON'T - SEE HARD COPY
LONG FORM CON'T - SEE HARD COPY
PLANNED DEVELOPMENT APPLICATION - SEE HARD COPY
APPLICATION FOR BUILDING PERMIT FROM SWINOMISH TRIBAL
COMMUNITY - SEE HARD COPY
SWINOMISH INDIAN TRIBAL COMMUNITY PLANNING COMMISSION
DECLARATION OF NON-SIGNIFICANCE
This form is provided in compliance with Ordinance 43A of the
Swinomish Indian Tribal Community.
The Swinomish Indian Tribal Community, upon due consideration of a
detailed statement as per Section 2 of Ordinance 43A and as per Section
3 and 4 of Ordinance 43A, does hereby enter a Preliminary Determination
that the following described action is not major or does not
significantly affect the quality of the human environment.
Notice of the availability of this document for public inspection
for a period of 7 days shall be published in a LaConner newspaper.
_________________________ ______________________________________
Date Planning Commission Chairperson
cc: Planning Staff
SWINOMISH
ZONING
SUMMARY
PURPOSE
The purpose of the Swinomish Zoning Ordinance is to: provide an
implementation measure for the comprehensive plan, to provide clear and
stable guidelines for growth, to establish desirable land use patterns
and to ensure an aesthetic and ecologically balanced environment.
NONCONFORMING STRUCTURES AND USES
Existing lots, structures and uses which would be prohibited under the
terms of this Ordinance may continue to exist as nonconforming uses,
but their survival should not be encouraged.
ADMINISTRATION AND ENFORCEMENT
The Tribal Chairman, or his duly authorized representatives, are
charged with the responsibility of Zoning Ordinance administration and
enforcement.
CERTIFICATE OF ZONING COMPLIANCE
Provides that it shall be unlawful to use or occupy building or
premises until a Certificate of Zoning Compliance has been issued by
the Swinomish Planning Commission stating that proposed use conforms to
the requirements of the Zoning Ordinance. The Commission may require
that a person applying for a Certificate post a performance bond to
insure completion of remaining development proposals.
VARIANCES
In specific cases a variance from the terms of the Zoning Ordinance may
be granted by the Swinomish Senate where, owing to special conditions,
a literal enforcement would result in unnecessary hardship.
Appropriate conditions and safeguards may be prescribed.
SCHEDULE OF FEES
The Swinomish Tribal Senate shall establish a schedule of fees, charges
and expenses relating to matters contained in the Zoning Ordinance.
APPLICATION SUBMITTAL
Applications pertaining to zoning shall be submitted to the tribal
office.
OFFICIAL ZONING ORDINANCE
This summary in no way modifies or changes the requirements of the
official Zoning Ordinance. Please consult the latter for full
explanation of items summarized in this pamphlet, and additional
provisions.
SWINOMISH INDIAN TRIBAL COMMUNITY PLANNING COMMISSION
DECLARATION OF NON-SIGNIFICANCE
This form is provided in compliance with Ordinance 43A
of the Swinomish Indian Tribal Community.
The Swinomish Indian Tribal Community, upon due consideration
of a detailed statement as per Section 2 of Ordinance 43A and as
per Section 3 and 4 of Ordinance 43A, does hereby enter a
Preliminary Determination that the following described action is not
major or does not significantly affect the quality of the human
environment.
____________________________________________________________________
____________________________________________________________________
Notice of the availability of this document for public inspection
for a period of 7 days shall be published in a LaConner newspaper.
_____________________ ______________________________________
Date Planning Commission Chairperson
SWINOMISH RESERVATION
ZONING ORDINANCE
TABLE OF CONTENTS
SWINOMISH ZONING ORDINANCE
SECTION 1 - INTRODUCTION
1.01 PURPOSE. . . . . . . . . . . . . . . . . . . . . . . 1
1.02 JURISDICTION . . . . . . . . . . . . . . . . . . . . 2
1.03 DEFINITIONS. . . . . . . . . . . . . . . . . . . . . 3
1.04 ESTABLISHMENT OF DISTRICTS . . . . . . . . . . . . . 11
SECTION 2 - DESCRIPTION OF DISTRICT
2.01 AGRICULTURAL DISTRICT. . . . . . . . . . . . . . . . 15
2.02 FOREST DISTRICT. . . . . . . . . . . . . . . . . . . 15
2.03 RURAL RESIDENTIAL DISTRICT . . . . . . . . . . . . . 16
2.04 SUBURBAN RESIDENTIAL DISTRICT. . . . . . . . . . . . 16
2.05 URBAN RESIDENTIAL DISTRICT . . . . . . . . . . . . . 17
2.06 TOWNHOUSE DISTRICT . . . . . . . . . . . . . . . . . 17
2.07 LIMITED COMMERCIAL DISTRICT. . . . . . . . . . . . . 18
2.08 GENERAL COMMERCIAL DISTRICT. . . . . . . . . . . . . 18
2.09 SWINOMISH VILLAGE DISTRICT . . . . . . . . . . . . . 19
2.10 INDUSTRIAL DISTRICT. . . . . . . . . . . . . . 19
2.11 OPEN SPACE DISTRICT. . . . . . . . . . . . . . . . . 19
SECTION 3 - SPECIAL DISTRICTS
3.01 PURPOSE. . . . . . . . . . . . . . . . . . . . . . . 23
3.02 ARCHEOLOGICAL DISTRICTS. . . . . . . . . . . . . . . 23
3.03 CULTURAL AND HISTORICAL DISTRICTS. . . . . . . . . . 23
3.04 SHORELINE DISTRICT . . . . . . . . . . . . . . . . . 24
3.05 WATER PRESERVATION DISTRICTS . . . . . . . . . . . . 24
3.06 SCENIC HIGHWAYS DISTRICT . . . . . . . . . . . . . . 25
TABLE OF CONTENTS (Continued)
SECTION 4 - SITE DEVELOPMENT STANDARDS
4.01 OFF-STREET PARKING - COMMERCIAL, INDUSTRIAL
& APARTMENTS . . . . . . . . . . . . . . . . . . . . 26
4.02 REQUIRED PUBLIC RIGHT-OF-WAY . . . . . . . . . . . . 27
4.03 DRIVEWAY LOCATION AND DESIGN ON ARTERIAL
Street. . . . . . . . . . . . . . . . . . . . . . . .27
4.04 AUTO SERVICE STATION REQUIREMENTS. . . . . . . . . . 28
4.05 PERFORMANCE STANDARDS FOR NON-AGRICULTURAL
LAND USES. . . . . . . . . . . . . . . . . . . . . . 28
4.06 SIGN REGULATIONS . . . . . . . . . . . . . . . . . . 28
4.07 LANDS CLASSIFIED AS UNBUILDABLE. . . . . . . . . . . 30
4.08 LANDSCAPING AND BUFFERING DEVICES. . . . . . . . . . 31
SECTION 5 - PLANNED DEVELOPMENT, CHANGING ZONING AND
VARIANCES
5.01 PURPOSE. . . . . . . . . . . . . . . . . . . . . . . 34
5.02 PLANNED DEVELOPMENT (CONTRACTING ZONING) . . . . . . 34
5.03 CHANGE IN ZONING DISTRICTS (REZONES) . . . . . . . . 38
5.04 VARIANCE . . . . . . . . . . . . . . . . . . . . . . 39
5.05 MOBILE HOME USED AS SINGLE FAMILY RESIDENCES --
SEPARATE LOT . . . . . . . . . . . . . . . . . . . . 40
5.06 HOME OCCUPATIONS . . . . . . . . . . . . . . . . . . 40
SECTION 6 - ADMINISTRATION AND AMENDMENTS
6.01 STANDARD METHOD OF ADVERTISING FOR PUBLIC HEARINGS
BY THE SWINOMISH PLANNING COMMISSION . . . . . . . . 41
6.02 PERMITS. . . . . . . . . . . . . . . . . . . . . . . 42
6.03 APPLICATION FOR PERMITS. . . . . . . . . . . . . . . 42
6.04 (ILLEGIBLE TEXT)
TABLE OF CONTENTS (Continued)
6.05 ENTRY - UPON PRIVATE PROPERTY. . . . . . . . . . . . 43
6.06 APPLICATION FOR ZONING CHANGE. . . . . . . . . . . . 44
6.07 COMPLAINTS REGARDING VIOLATIONS. . . . . . . . . . . 44
6.08 PENALTIES FOR VIOLATION. . . . . . . . . . . . . . . 45
6.09 SEVERABILITY CLAUSE. . . . . . . . . . . . . . . . . 45
6.10 REPEAL OF CONFLICTING ORDINANCE. . . . . . . . . . . 46
6.11 SCHEDULE OF FEES . . . . . . . . . . . . . . . . . . 46
LIST OF TABLES
TABLE I LAND USE PERMITTED IN EACH DISTRICT. . . . . . . . . 21
TABLE II LOT STANDARDS AND BUILDING PLACEMENT . . . . . . . . 22
TABLE III ADDITIONAL STANDARDS FOR PLANNED DEVELOPMENTS. . . . i
Note: Application forms for rezone, variance and planned
development included in appendices.
SWINOMISH ZONING ORDINANCE
Resolution No.
SECTION 1 - INTRODUCTION
1.01 PURPOSE
The primary purpose of this ordinance is to provide guidelines and
definitions for comprehensive plan implementation and to promote the
health, safety and general welfare of Tribal Community members and
others living on reservation lands. The specific goals are listed
below:
1. To ensure a proper environment that is compatible with
the desired Indian lifestyle - present and future.
2. To establish a desirable pattern of land uses which
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 density so that public facilities can
be properly scaled to serve present and future development.
4. To provide clear development policies which promote and
insure 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 ordinance.
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 insure proper management of natural resources including
forests and other vegetation, soils, tidelands, shorelands,
water, birds, animals and marina life.
10. To protect areas of archeological and cultural significance.
11. To protect the beauty and maintain the environment of the
Reservation.
1.02 JURISDICTION
At present forty-six percent of the reservation (or 3,316 acres) have
been alienated, fifty percent (or 3,577 acres) remains in allotted
status and four percent (or 274 acres) is tribally owned. In addition,
there are a large number of tribally owned and controlled acres of
tidelands (approximately 2,900 acres) and water surrounding the
Reservation.
The Tribal Community has complete control of all lands within the
reservation boundaries and the Tribal Community retains the right to
zone all lands and waters within the bounds of the reservation.
1.03 DEFINITIONS
Accessory Use
A use which serves the principal use, located on the same lot or in
the same building as the principal use.
Adjacent Property
Those parcels of property with a boundary line nearer than 300 feet
to the subject property.
Adjoining Property
Any parcel of property having contact with the subject property.
Agricultural Use
The primary production of food stuff or products in excess of the
needs of the residents of the lot. This does not include
the processing, handling, or packaging of these food stuffs for the use
of the residents of the lot.
Aquifers
Areas of loose soil, gravel or rock where water enters the ground in
large quantities forming underground ponds and water courses.
Buildable Land
Lands not classified as unbuildable in Section 4.08 of this ordinance.
Building Setback
The distance that a building must be set back from a property line.
Commercial Use
The provision of goods, merchandise, or services for compensation.
Condemnation
To prevent occupancy of a structure or land for reasons of health
or structural dangers or violations of the reservation's health code,
occupancy code or zoning ordinance.
Conditional Use
A land use permitted by contractural conditions as in the Planned
Development section of this ordinance.
Decision
A motion by the Swinomish Planning Commission approved by a legal
quorum of said commission unless challenged by the Swinomish Senate
within a reasonable time period. When so challenged the motion and
approval become the responsibility of the Senate.
Density
The ratio of residential units allowed for each acre of property;
i.e. four single family residences per acre.
Developed Land Area
That portion of a parcel of property which has undergone extensive
improvement such as grading, landscaping, or construction of structures
for residential, commercial or industrial use.
District Boundaries
Boundaries determined by the adoption of the official zoning map and
interpreted as directed in paragraph 1.043 of this ordinance.
Environment
The area within which any development of any type may have impact,
either physical or aesthetic.
Floor Area Ratio
The amount of land required for each square foot of building area.
For instance, 1:3 equals one square foot of building allowed for each
3 feet of buildable lot area.
Industrial Use
Creating value by storing or processing raw or bulk materials,
systematic or large scale fabrication, construction, manufacturing,
or transportation and port authority.
Lot
A site that is described by reference to a recorded plat, by metes
and bounds, or by section, township, and range which has direct
legal access to a street or has access to a street over an easement
approved by the Senate.
Lot Size
The total horizontal area within the boundary lines of a lot.
Some of this area may not be used in calculating buildable land
(see Sec. 4.08).
Minimum Yard
An open space on a lot which is created by building setbacks required
by this ordinance.
Motel
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.
Non-conforming Use
The use of a building, structure or parcel of land which does not
conform to the regulations of the zone in which it is located.
Official Zoning Map
A map approved by the Swinomish Indian Senate, which is a part of
this ordinance when so adopted, and sets out the boundaries of the
various zones provided by this ordinance. (See Sec. 1.041).
Open Space
A zone or area where buildings or structures are not encouraged.
Planning Commission
Shall mean the Swinomish Indian Tribal Community Planning Commission.
Planned Development
A development designed to be constructed according to an approved
plan or a use permitted in a zone only after appropriate review and
approval by the Planning Commission, imposing performance standards
to insure compatibility with adjacent property.
Planting Buffer
A landscaped area between different types of land uses to reduce
incompatibilities of the different uses.
Public Utility Installations
Installation of water, sewers, or other utilities by a local
utility district of the Swinomish Tribal Community.
Residential Use
A structure intended as living accommodations for a person or persons.
Residential Unit
A dwelling that is designed for habitation by one family. An
apartment is made up of several residential units.
Review
Request for opinions only. Does not necessarily give authority to
approve or deny action.
Senate
The Swinomish Indian Senate, an eleven member body, whose members are
elected from the Swinomish Indian Tribal Community for staggered five
year terms. The governing body of the Swinomish Indian Reservation.
Sight Obscured
Landscaping or fencing designed to block the view from adjacent
properties.
Sign
Any structure or natural object identifying the premises upon which it
is located, or advertising the activities, goods, or services
that are available or produces on a premise.
Site Development Standards
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.
Subdivided Property
Any parcel of property which has been divided by a duly registered
subdivision plat. 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.
Temporary Housing
Not having permanent attachment to the ground, or involving buildings
which have no required permanent attachment to the ground.
Tidelands
Land surface that is exposed at extreme low tide but covered by an
extreme high tide.
Twenty Percent Slope
A parcel of property, or portions of a parcel of property on which
the elevation increases at a rate exceeding one foot vertically
every five feet horizontally.
Wetlands
Lands identified as marshes, bogs, swamps, floodways associated
with streams, lakes and tidal waters.
Zone
The designation of land management policies to geographical areas
as shown on the tribe's official zoning map thus applying the
requirements of this ordinance.
1.04 ESTABLISHMENT OF DISTRICTS
1.041 Official Zoning Map
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 Ordinance. The
Official Zoning Map shall be identified by the signatures of the Senate
Chairman and Vice Chairman and attested to by the Secretary of the
Swinomish Tribal Community Senate.
If, in accordance with the provisions of this ordinance, 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.
The Official Zoning Map, which shall be located in the Tribal
Office, shall be the final authority on the current zoning status of
the land and water areas, buildings, and other structures on the
reservation.
1.042 Official Development Map
The comprehensive plan for the Swinomish Reservation is herein
declared the Official Development Map for purposes of limiting the
development of properties that are designated for future parks,
schools, streets and other public uses.
1.043 Boundary Interpretation
Where uncertainty exists as to boundaries of any district shown on the
zoning map or comprehensive plan, 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 understood to be
the boundaries.
b. The location of a boundary shall be determined by use of
the scale appearing on the Official Zoning Map. Where the
district line is a topographic variation, the toe of the
slope is identified on the Official Zoning Map will be the
division line, which may divide large single ownership
parcels.
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
added to the property.
1.044 Application of Regulations
a. Except as hereinafter provided, no building shall be erected,
reconstructed, or structurally altered except in compliance
with the regulations established by this ordinance and for
the district in which the building or land is located.
b. Where site development standards are established by this
ordinance 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.
c. The minimum yards or other open spaces required by this
ordinance, 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 code
and the occupancy of such building shall be illegal.
d. Any lot of any size can 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
Bureau of Indian Affairs or Skagit County as a separately
owned single lot prior to the adoption of this ordinance,
provided it has a minimum thirty foot frontage on a public
street or access to a public street by a minimum twenty foot
wide private lane.
e. Where a structure or land use exists at the effective
date of adoption of this ordinance that could not be built
under the terms of this ordinance, such structure or land use
shall be non-conforming 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 ordinance except when permitted under planned development
(Sec. 5.2), nor shall additional signs be permitted. All
changes in non-conforming uses shall conform with the
provisions of this ordinance.
f. A non-conforming use shall be considered abandoned if
discontinued for a period of six months and any future use
of such land or buildings shall conform with the provisions
of this ordinance.
SECTION 2 - DESCRIPTION OF DISTRICTS
2.01 AGRICULTURAL DISTRICT (A)
The purpose of this 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.
To accomplish these objectives this ordinance requires a minimum lot
size of thirty acres in the agricultural district but allows two
houses on the lot which provides a second residence for family or
employees. Temporary housing for seasonal workers is also permitted
outright. Barns and out buildings are permitted outright as accessory
uses.
2.02 FOREST DISTRICT (F)
The purpose of this 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 thirty (30) 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 125 foot setback is
required adjacent to all arterials to provide a 100 foot greenbelt of
undisturbed forest on each side of the road.
2.03 RURAL RESIDENTIAL DISTRICT (RR)
The purpose of this 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. This density should provide adequate
room for a major garden and/or several larger animals.
A 125 foot setback of buildings is required adjacent to all arterials
to provide a 100 foot greenbelt of natural forest along each side of
the road.
2.04 SUBURBAN RESIDENTIAL DISTRICT (SR)
The purpose of this district is twofold. First to provide a suburban
atmosphere in areas that have good soil for septic tanks. Second, as a
transition zone for areas that are scheduled for higher density single
family residence at a later time if urban services are provided.
Minimum lot size is two (2) acres.
A 75 foot setback is required along all arterials to provide a 50 foot
wide greenbelt of forest along each side of the road.
2.05 URBAN RESIDENTIAL DISTRICT (RR)
The purpose of this district is to provide urban single family tracts of
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 recommended when lots can be served by an approved
septic tank or other individual system.
It is also the intent of this ordinance 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.
A 75 foot building setback is required along all arterials to provide
for a 50 foot greenbelt along each side of the road.
2.06 TOWNHOUSE DISTRICT (TH)
The purpose of this district is to establish areas of medium density
where land can be used efficiently by 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 the
respective (but attached) residential units. The intent is that the
development of this district will yield the same individualism of
single family residential development and will also provide the
advantages of apartment living found in communal use of recreation
facilities and grounds and communal maintenance of same.
The higher density of development in this district will require a
higher quality of roads and other community facilities, but economies
will be achieved through a more efficient use of public utilities.
Medical clinics and garden apartments may be located in this district
under planned development policies.
2.07 LIMITED COMMERCIAL DISTRICT (LC)
The purpose of this district is to provide household commodities 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 clothing shops,
restaurants, service stations, launderettes and motels.
Garden apartments are permitted under planned development policies.
2.08 GENERAL COMMERCIAL DISTRICT (GC)
The purpose of this district is to provide an open commercial district
for commercial and light industrial activities - from gas stations and
supermarkets to warehousing and light manufacturing. It is recommended
that this district be separated from residential districts or uses.
Permitted uses include grocery stores, drug stores, self-service
laundries, general retail and specialty shops, banks, offices, cafes,
restaurants, motels, boatels, boat moorage, appropriate entertainment
and recreation facilities, parks and boat launching, 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 day care centers are permitted
outright.
Shopping centers may be formed using this district under the protection
of planned development policies applying specific land uses and special
performance standards.
2.09 SWINOMISH VILLAGE DISTRICT (SV)
The purpose of this District is to establish a zone for those lands
comprising the Swinomish Village. Residential, governmental,
recreational, community service, light industrial, and commercial
activity are encouraged in this district. All development within the
Village shall be by the Planned Development procedure outlined in
Section 5.02. Provided, however, that single family residences are
allowed with written permission of the Planning Commission, if
the residence is to be located within an assigned or leased trust
parcel or complies with the requirements of Sections 2.03, 2.04, or
2.05 of this Ordinance.
2.10 INDUSTRIAL DISTRICT (I)
The purpose of this district is to provide a zone for all industrial
activities on the condition that they can meet the performance
standards established in Section 4.05 of this ordinance. All
industrial development shall be by planned unit development as
provided in Section 5.02.
2.11 OPEN SPACE DISTRICT (OS)
The purpose of this 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 growth and
harvest, 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 shall
be by planned development (see paragraph 5.02).
SECTION 3 - SPECIAL DISTRICTS
3.01 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 a special district by
planned development only (as described in section 5.02 of this
ordinance). Development will only be approved when the preservation of
desirable social, cultural, historical and environmental
characteristics of the land are assured.
3.02 ARCHEOLOGICAL DISTRICTS
Those districts 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.
3.03 CULTURAL AND HISTORICAL DISTRICTS
These districts shall be established at all sites that have historical
significance to the Indian nation(s) or are used in religious or
cultural activities. No development shall occur in these districts
until the Tribal Community is assured that the proposed project will
not affect their historic, religious or cultural use of the site or
area.
3.04 SHORELINE DISTRICT
These districts shall extend from 200 feet inland of the extreme high
tide line to the extreme low tide line including wetlands. No
development shall be permitted in these districts until the Planning
Commission has approved the impact that structures and activities will
have on fishing, aquiculture, marine life, tidal movements and other
natural characteristics of the environment; and will not unfavorably
change the visual quality in the district. Since the tidelands are
owned by the Swinomish Tribal Community, no development will take place
on the tidelands without Senate approval. However, should a question
arise, the extreme high tide line shall be the highest tide for the
area in question (as defined by the U.S. Coast and Geodetic Survey on
the Tidal Datum Plain). All survey costs incurred to determine a
contested line will be paid by persons or parties other than the
Swinomish Tribal Community.
3.05 WATER PRESERVATION DISTRICTS
These districts shall be established at all sites exhibiting potable
high water tables, places of known aquifers or ponding of fresh water.
Such districts shall extend 200 feet beyond the area exhibiting these
characteristics. No development shall be permitted in these districts
until the Senate is assured that the purity and availability of the
water will be preserved.
3.06 SCENIC HIGHWAYS DISTRICT
These districts shall be established adjacent to all arterials passing
through all districts except commercial and industrial land use
districts. The scenic district extends 100 feet from all arterial
right-of-ways except in urban residential districts where it shall be
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.
SECTION 4 - SITE DEVELOPMENT STANDARDS
4.01 OFF-STREET PARKING - COMMERCIAL, INDUSTRIAL & APARTMENTS
All parking areas except single family residential shall be surfaced
with a minimum of two inches of asphalt or four 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. Also, 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. All parking spaces shall
be so designed that autos do not back into public right-of-way or
sidewalk when parking or exiting.
No building permits for new construction or remodeling shall be issued
for building except for single family residences until a parking plan
has been approved by the Planning Commission.
Parking lot design criteria and parking stall requirements may be
obtained at the reservation planning office.
4.02 REQUIRED PUBLIC RIGHT-OF-WAY
This ordinance hereby establishes the circulation element of the
reservation's comprehensive plan as the Official Arterial Map. Minimum
standards for street right-of-way shall be: sixty (60) for collector
streets, seventy (70) feet for secondary arterial and eighty (80) feet
for primary arterials. Said standards shall be decreased only upon
approval of the Planning Commission.
Building setbacks shall be measured from the edge of 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 ordinance is approved shall be
unaffected by this section of the ordinance.
4.03 DRIVEWAY LOCATION AND DESIGN ON ARTERIAL STREETS
a. No driveway shall be located within thirty (30) feet the
intersection of property lines at any traffic intersection.
b. No driveway shall be wider than thirty-five (35) feet unless
approved by the Planning Commission.
c. Minimum spacing shall be 150 feet between driveways
(ILLEGIBLE TEXT) existing or proposed arterials unless approved
by the Planning Commission.
d. Driveways and parking lots shall be designed with
(ILLEGIBLE TEXT)
arounds so that vehicles do not have to back into the
arterial.
4.04 AUTO SERVICE STATION REQUIREMENTS
a. The leading 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 body work are not permitted in
auto service stations unless the station is located in a
general commercial or light industrial zone.
4.05 PERFORMANCE STANDARDS FOR NON-AGRICULTURAL LAND USES
All emissions shall conform to the appropriate Tribal Clean Air
Ordinance, other applicable Tribal law, and standards of applicable
federal agencies.
Any odor or glaring light from normal operation detectable beyond the
property boundary is prohibited, and ground vibration shall be
non-perceptible (without instruments) at any point of the property line
except in industrial districts. These odor, (ILLEGIBLE TEXT) and ground
vibration standards shall apply to the industrial district boundary
instead of individual property line.
4.06 SIGN REGULATIONS
a. The accumulative area of all permanent signs on any
(ILLEGIBLE TEXT) parcel in a commercial or business district
shall not exceed an area of .01 times the developed land
area of (ILLEGIBLE TEXT) parcel.
Permanent signs in a residential district shall not exceed two
square feet per land parcel or twenty-five (25) square feet per
lot 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.
b. All lighting apparati shall be enclosed within the sign
structure, with the exception of bent neo tubing, except where
special permission is granted by the Planning Commission.
c. All signs shall conform to the building height standards of the
districts in which they are located and shall not exceed the
height specified on Table II.
d. Dimensional plans and elevations of proposed permanent signs
shall be submitted to the Planning Commission in a scale of
one-half inch equals one foot or larger for Planning Commission
approval.
e. The above restrictions do not apply to the temporary signs of
realtors, fruit and produce stands or other similar activities
on the conditions that these do not exceed a total of 25 square
feet in size, and be located on the property; (1) that is for
sale; or (2) from which the temporary sales are being made.
f. Temporary signs for political candidates or special civic
issues 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 of $200 to insure the removal of the temporary sign
following the respective election or event.
g. 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 as signs within the
context of this ordinance. Private traffic or directional
signs shall not be included when less than two feet in area and
located and designed so they cannot be construed as
advertising. All public sign shall be exempt from the
conditions of this ordinance.
4.07 LANDS CLASSIFIED AS UNBUILDABLE
When calculating the residential units that are appropriate for a
certain piece of land or the square footage of commercial building
that are permitted based on lot size, it is necessary to subtract
parts of the property that have adverse qualities making them difficult
to develop. These qualities include:
a. Land with a slope greater than twenty percent.
b. Land that is characterized by high water table, or other water
problems.
c. Land with unstable soils.
d. Bodies of water or water courses.
e. Portions of property with access easements, including private
and public road right-of-way.
f. Land that is available under special easements or agreements
that do not cover the entire lifetime of the proposed
development.
g. Land that is located in a special district as described in
Section 3 of this ordinance.
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 method shall be
processed under the planned development section of this ordinance
(Section 5).
4.08 LANDSCAPING AND BUFFERING DEVICES
The primary purpose of this section is to reduce problems resulting
from adjacent land uses that are different through the use of
landscaping.
a. 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 designed
to provide an effective sight barrier at least six feet
high within four years.
b. 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 listed
between the two districts and multiplying the number by ten
(10) feet.
1. Single Family Residential Districts (including Agricultural
and forestry and Open Space)
2. Townhouse District
3. Limited Commercial District
4. Commercial General District
5. Industrial District planting buffers shall be approved
by planned Unit Development procedures.
c. The above planting buffers are not required in front yard
within twenty (20) feet of a developed road right-of-way.
d. Landscaping shall be installed on the property that is located
in the higher or more permissive district (higher number on the
list).
e. 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 cents per square foot of required landscaping
has been filed at the Tribal Planning Office.
f. Said plan shall show plant location and species, be drawn
to scale no smaller than one inch equals thirty (30) feet
(1" = 30') and be signed by a landscape architect or
practicing nurseryman.
g. Said bond shall be released one year after plant installation
on the conditions that plants are in a healthy, growing
condition.
h. Plants shall be installed within one year of building occupancy
unless time extension is approved by the Planning Commission.
Undeveloped adjacent properties may be (ILLEGIBLE TEXT) for
time extension.
i. No required landscaping area shall be used for material storage
or other use that may harm the plants.
j. These standards shall not apply to properties that are
substantially developed prior to the enactment of this
ordinance.
k. No fence shall exceed six feet in height measured from the
adjoining property in residential zones.
l. Fences should not be constructed in a manner that does not
create a safety hazard or devaluates adjacent properties.
SECTION 5 - PLANNED DEVELOPMENT, CHANGING ZONING AND VARIANCES
5.01 PURPOSE
The purpose of this chapter is to provide the regulatory and
administrative procedures by which variance from, amendments to,
and alteration of the provision of this ordinance may be pursued.
5.02 PLANNED DEVELOPMENT (CONTRACT ZONING)
a. The purpose of this paragraph is to provide the opportunity
for substitution or alteration of the provisions of this
ordinance when the Tribal Community is assured of:
1. A high quality of development, functionally and
aesthetically;
2. Compatibility with surrounding land uses, both existing
and proposed;
3. The availability of adequate public facilities to serve
the development;
4. Proper conservation and management of environmentally
sensitive areas.
b. Planned development procedures may be used to achieve:
1. Mobile home parks;
2. Increased density in residential districts and
commercial districts;
3. A broadening of permitted uses in a district as
typically obtained through conditional use procedures
(See Table II);
4. Variance on development standards when specifically
approved in plans and contract text;
5. Development privileges in environmentally sensitive
areas, including shorelines, tidelands, steep sloping
land, land in the vicinity of aquifers or water sources;
6. Development privileges on lands that have special
characteristics that should be preserved including
archeological, open space and rural residential districts,
and land development along scenic highways.
c. Application procedures for planned developments
1. First the applicant meets with the zoning administrator to
prepare a preapplication 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 (ILLEGIBLE TEXT)
or legal/physical complications.
2. Then a short form (or preliminary application) is
prepared by the applicant to provide an indication of
local attitudes toward his proposal prior to investing
large sums in plan preparation. The application is then
advertised, reviewed and presented to public hearing as
described in paragraph 6.01 of this ordinance. Approval
of the preliminary application does not obligate the
Planning Commission to approve a final application.
3. A final approval may be received on the short form when
development costs are less than $50,000 and site area
is less than one acre. Projects eligible for approval
by short form might include:
(a) Tree cutting or logging,
(b) Bulkhead construction,
(c) Single family residence construction,
(d) Road or utility installation,
(e) Home or business expansion,
(f) Other similar projects.
4. 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.
5. A list of desirable site design features usually considered
in the approval of certain planned development may be
obtained at the tribal office.
6. Density or floor ratio increases as described on
(ILLEGIBLE TEXT) are only allowed for uses permitted
outright in the underlying zoning district.
7. The application for planned development may be processed
together with a conventional zone change on the same
property. However, a full fee for both applications will
be charged.
8. Application fees for planned developments use the same fee
schedule as rezone applications. This fee is assessed
once with each of the two applications. Therefore, major
developments requiring both applications are assessed
twice while small projects are assessed once. A fee
schedule may be obtained from the Tribal Planning Office.
d. Method of application review and approval:
1. Full applications are presented to the tribal office
at least 60 days prior to the proposed public
(ILLEGIBLE TEXT).
2. Applications are advertised, reviewed and subject to public
hearing by standard methods described in paragraph 6.01
of this ordinance.
3. A list of all restrictions and conditions to be
(ILLEGIBLE TEXT) by a bond shall be prepared by the
Planning Commission.
4. The Planning Commission will approve or deny and list the
reasons upon which the decision is based the necessary
conditions, prohibitions, and rest to be imposed on the
proposed planned development
5. The decision of the Swinomish Planning Commission is
final in all cases except when reversed by the Senate
at their next regular meeting.
6. All development permitted by this paragraph 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 year and completed within three years of final
approval of the project unless the completion date
is extended by the approval of the Planning Commission.
5.03 CHANGE IN ZONING DISTRICTS (REZONES)
a. The purpose of this section is to define the process by
which the zoning of one or more parcels of property may
be changed.
b. Change of zone may be initiated by:
1. A proper petition filed by the person(s) owning the
land.
2. A motion of the Planning Commission or Senate requesting
that the planning Commission initiate rezone procedures.
c. Full applications are advertised, reviewed and subjected
to public hearing by standard methods described in Section
6.01 of this ordinance.
5.04 VARIANCE
a. The purposes of this section is to provide a procedure
for varying the provisions of this ordinance when they
create unreasonable hardship.
b. Variances may be initiated by a proper petition by person(s)
owning the land.
c. The Planning Commission shall review the request 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 the zoning ordinance
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) That 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 problems. 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 of
this ordinance. In cases where a variance
results in the approval of increased residential
density in a zone, the Planning Commission shall
encourage 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 of Section 5.02, Planned Unit
Development, to facilitate this process.
d. The Planning Commission shall hold a public hearing on
the request within sixty (60) days after proper advertisement
and review as described in Section 6.01 of this ordinance.
e. The Planning Commission shall recommend either approval or
denial of the request.
5.05 MOBILE HOME USED AS SINGLE FAMILY RESIDENCES -
SEPARATE LOT
a. Prior to the installation of any mobile home the property
owner shall provide written notice to the property owners
of all property within 300 feet of the boundaries of the
subject property using forms prescribed by the Planning
Department.
b. If the nearby property owners protest the mobile home
installation by signing and returning the petition(s) within
two weeks the Planning Commission will hear the objections
within sixty (60) days and deny or approve the installation
(perhaps placing reasonable conditions and bonds on the
site development).
5.06 HOME OCCUPATIONS
Small businesses are permitted in single family residences
as long as the following conditions are met:
a. There are no external evidences of the activity other than
a small unlighted sign.
b. The activity takes no more than one-fourth of the floor
area of the residential structure.
c. Neighbors do not complain (reasonably).
6.08 PENALTIES FOR VIOLATION
a. Violation of a provision of this ordinance or any amendments
thereto or failure to comply with any of its requirements
(including violation of requirements and safeguards
established in connection with variances or planned unit
developments) shall be punishable by a fine not exceeding
$500.00 or imprisonment for a period not to exceed ninety
(90) days, or both.
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.
6.09 SEVERABILITY CLAUSE
It is hereby declared to be the intention of the Senate that the
many provisions of these zoning regulations are separable, in
accordance with the following:
a. If any court, of competent jurisdiction, shall find the
application of any provision of this ordinance to be invalid,
such judgment shall not affect the application of said
provision to any property or structure not specifically
included in said judgment.
b. If any court, of competent jurisdiction, shall find any section
or subsection of the ordinance to be invalid, such judgment
shall not affect the validity of other sections or subsections
of this ordinance.
6.10 REPEAL OF CONFLICTING ORDINANCE
All ordinances or parts of ordinances in conflict with this zoning
ordinance, or inconsistent with the provisions of this ordinance,
are hereby repealed to the extent necessary to give this ordinance
full force and effect.
6.11 SCHEDULE OF FEES
A schedule of fees that are charged to person requesting zone
changes or development privileges as described in this ordinance may
be obtained at the tribal office. The purpose of the fee is to offset
costs incurred in the administration of the ordinance. Since
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.
Approved: FEB 24, 1977
John W. Bushman, Superintendent
Western Washington Indian Agency
Everett, Washington
Approved as amended this ____________________ day of
_______________________ 19______.
Effective Date ______________________________________________
_________________________________
Chairman Tandy Wilbur Jr.
_________________________________
Vice Chairman Landy James
ATTEST:
_________________________________
Secretary Helen Ross
TABLE II LOT STANDARDS AND BUILDING PLACEMENT - SEE HARD COPY
SWINOMISH INDIAN TRIBAL COMMUNITY - SEE HARD COPY
TABLE I LAND USE PERMITTED IN EACH DISTRICT - SEE HARD COPY
TABLE II LOT STANDARDS AND BUILDING PLACEMENT - SEE HARD COPY
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