Chapter 17.04
GENERAL PROVISIONS

Sections:

17.04.010    Short title.

17.04.020    Content – Interpretation.

17.04.025    Definitions.

17.04.030    General purposes.

17.04.040    District classifications.

17.04.060    Use of land or buildings.

17.04.063    Cryptocurrency, data mining, and high density load electric users.

17.04.065    Livestock and poultry.

17.04.070    Exceptions to front yard setback requirements.

17.04.075    Intrusions into setbacks.

17.04.076    Utility setback required.

17.04.077    Setbacks for rockeries and retaining walls more than seventy-two inches in height.

17.04.080    Recreational vehicles.

17.04.085    Mobile homes.

17.04.090    Structures, general.

17.04.100    Zoning lots.

17.04.110    Movement of single-family dwelling, two-family dwelling or multi-family dwelling.

17.04.120    Zoning of annexations.

17.04.125    Adult entertainment facilities.

17.04.130    Amendments – Initiation of action.

17.04.140    Amendment procedure.

17.04.150    Limitation.

17.04.160    Collective gardens.

17.04.170    Marijuana license businesses.

17.04.180    Right to farm.

17.04.190    Rural to urban transition standards.

17.04.200    Requests for additional height.

17.04.010 Short title.

This title shall be known and may be cited as “The city of Chelan Comprehensive Zoning Ordinance.” (Ord. 314 § 1 (1), 1962).

17.04.020 Content – Interpretation.

This title shall consist of the text hereof and in addition thereto, a zoning map identified by the appropriate signature of the chairman of the city of Chelan planning commission and council of the city of Chelan. Said title and each and all of its terms are to be read and interpreted in the light of the commitments of said zoning map. If any conflict of the zoning map and text should arise, the text of this title shall prevail. (Ord. 314 § 1 (2), 1962).

17.04.025 Definitions.

Words and phrases appearing in this chapter shall have the meanings set out in Section 19.10.040. (Ord. 1411 § 6(d), 2010).

17.04.030 General purposes.

The general purposes of this title are to:

A. Promote the public health, safety, morals, and general welfare;

B. Assist in the implementation of the comprehensive plan of the city. (Ord. 314 § 2 (1), 1962).

17.04.040 District classifications.

In keeping with the provisions of Section VII of Chapter 44, Laws of Washington, 1935, as amended, the specific purpose of this title is to classify all territory within the corporate limits of the city into the following districts:

A. R-L – Single-Family Residential District. The R-L District is intended to preserve existing housing stock and provide residential development opportunities for predominantly single-family detached dwelling units. The R-L designation promotes standards that preserve the natural landscape of hillsides and ravines and other critical areas, reduce the risk of geologic and fire hazards, and conserve designated public views. This designation is intended to be applied in areas suitable and desirable for residential use, which are or will become developed by single-family dwellings. Lands should be adequately served at the time of development with roads, utility services and other public facilities commensurate with anticipated population and dwelling unit densities.

B. R-M – Multi-Family Residential District. The purpose of the R-M District is to provide for a mix of residential uses at a broad range of dwelling unit densities that appeal to a variety of income categories and lifestyles. R-M recognizes existing multi-family neighborhoods and offers opportunities for new housing. R-M is applied where access, topography, and adjacent land uses create conditions appropriate for a variety of attached and detached unit types, or where there is existing multi-family development. Such lands should be adequately served at the time of development with roads, utility services and other public facilities commensurate with anticipated population and dwelling unit densities.

C. C-HS – Highway Service Commercial District. The C-HS District provides necessary commercial services to the traveling public and heavy commercial uses not oriented to walk-in convenience shopping. C-HS provides opportunities for vertical or horizontal mixed use housing opportunities which help to make a more vibrant commercial district. The C-HS designation is intended to be applied to lands along principal arterials outside the downtown master plan area with a character of highway-oriented commercial uses.

D. C-W – Waterfront Commercial District. This designation provides areas on lakefront property for heavy waterfront commercial uses. This district is applied to properties along the Lake Chelan shoreline that function as a working waterfront with water-oriented commercial uses.

E. W-I – Warehousing and Industrial District. The W-I District provides appropriately located areas for various warehouse and industrial uses that enhance the city’s economic base, and provide jobs for residents of the area, while at the same time ensuring a high quality of life free from excessive dust, noise, odors, smoke, heavy traffic congestion, and air and water pollution. The W-I District is applied in areas suitable for warehouse and industrial uses which are or will be developed by industries that are not detrimental to agriculture or recreation in the Lake Chelan area and that are located outside the downtown master plan area. W-I is applied to larger land holdings that are topographically level, with arterial transportation access, and where such developments can be designed in a compatible manner. Primary uses include agricultural production, manufacturing enterprises, warehousing, industrial establishments, and compatible commercial services. Secondary uses include workforce housing that is accessory to principal uses and conditionally allowed live-work developments.

F. T-A – Tourist Accommodations District. The purpose of the T-A District is to promote lodging, resort, leisure, and hospitality uses that serve the traveling and recreation-oriented public. This designation is intended to be applied in areas near or adjacent to Lake Chelan or other natural or recreational resources which are uniquely suited for motels, hotels, lodges and similar uses in keeping with the importance of the recreation industry to the city.

G. PDD – Planned Development District. The purpose of this zoning overlay district is to: encourage a variety of mixture of housing types; compatible mixed uses; imaginative site and building design; usable open space for the enjoyment of the occupants and the general public; retention of significant features of the natural environment, including waterways and views; efficiency in the layout of streets and utility networks and other improvements; and “complete streets” that incorporate pedestrian, bicycling, and transit options. The overlay requires that the proposed development result in a significantly higher quality of design, generate more of a public benefit, and be more environmentally sensitive than would have been the case with the use of standard zoning and other development regulations, while ensuring substantial compliance with the goals and policies of the Chelan comprehensive plan.

H. A – Airport District. The Airport (A) District allows for a variety of mixed airport type uses for the airport property including: providing the leasing of lots at the airport for hangars, helipads and possibly some light manufacturing, assembly or for business uses. Airport designation regulations discourage the siting of incompatible uses adjacent to the airport.

I. SUD – Special Use District. The SUD District is designed to: (1) support and enhance agricultural operations and their essential pastoral setting, (2) allow low impact tourist commercial and educational uses at a scale that is complementary to agricultural pursuits, and (3) provide an opportunity for lower density residential housing. Densities allowed serve as a transition from the rural area to the urban area and reinforce an urban separator character. The SUD permits clustering and planned residential developments to conserve valuable resource and environmentally sensitive lands such as agricultural lands, steep slopes, streams and ravines, and others, while allowing for appropriate development. Where clustering is allowed, structures are concentrated on a portion of the site with the majority area conserved for resource or open space uses. SUD includes standards that minimize farm/nonfarm development conflicts, and ensures building heights and forms are visually compatible with surrounding uses.

J. P – Public Lands and Facilities. The PLF District promotes both passive and active recreation, and provides suitable locations for public facilities. The district applies to lands and facilities under public ownership and use or private institutions. The PLF is not applicable to commercial amusement parks and other such activities. Secondarily, the zone conditionally allows special needs and affordable housing.

K. DT – Downtown Planning Area. This designation applies to property within the downtown planning area, and intends to implement the goals, objectives, and policies of the Chelan downtown master plan. (Ord. 1533 § 6 (Exh. 13) (part), 2017: Ord. 1410 § 5, 2010; Ord. 1114 § 4, 1998; Ord. 983 § 2, 1994; Ord. 469 § 1, 1974; Ord. 314 § 2 (2), 1962).

17.04.060 Use of land or buildings.

Except as herein provided:

A. No building or structure shall be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land, building, structure or premises be used, designed or intended to be used for any purpose or in any manner other than a use listed in title, as permitted in the use district in which the land, building, structure, or premises is located.

B. No building or structure shall be erected, nor shall any building or structure be moved, altered, enlarged, or rebuilt nor shall any open spaces surrounding any building, or structure be encroached upon or reduced in any manner, except in conformity with the building site requirements and the area and yard regulations established by this title for the use district in which such building or structure is located.

C. No building or structure shall be erected, nor shall any existing building or structure be moved, reconstructed or structurally altered, to exceed in height the limit established by this title for the use district in which such building or structure is located.

D. No yard or other open spaces provided about any building or structure for the purpose of complying with the regulations of this title or amendments thereto, shall be considered as providing a yard or open space for any other building or structure.

E. Accessory structures may be built within a rear yard provided that the required total open space area is not exceeded and that no structure or combination of structures shall cover more than fifty percent of the area of the rear yard, except that if the rear lot line of the property abuts on a street, no accessory structures may encroach upon the minimum required rear yard area.

F. No structure will be allowed closer than five feet from any property line within the rear yard.

G. In residential districts on lots which were lots of record prior to the passage of this title, and which contain less than the required width and/or less than the required minimum lot area, but contain an area of no less than four thousand square feet and a minimum width of lot at building line of no less than forty feet, a building permit may be issued by the administrator of this title without a hearing before the board of adjustment; provided that the structure built on this building lot of record, of less than minimum width at building line and/or minimum lot area, will meet all of the remaining dimensional standards required in the district in which the structure is located. (Ord. 314 § 15 (B) (1), 1962).

17.04.063 Cryptocurrency, data mining, and high density load electric users. No building, structure, real property or premises in any land use district shall be used for high demand load electric computing for the purposes of cryptocurrency mining operations, data mining, or similar high consumptive users of electrical loads where the purpose of the computing operations is to solve algorithms where the operating square footage as determined by the utility is in excess of two hundred fifty kilowatt hours per square foot per year for all equipment necessary to operate and cool such activities. Building permit applicants for business activities that require high density load for industrial, manufacturing, and computing such as data storage farms shall be considered on a case-by-case basis in consultation with the public utility district and the land use administrator. (Ord. 1550 § 2 (Exh. B), 2018).

17.04.065 Livestock and poultry.

A. Small stock animals, defined as any combination of four rabbits or chickens, are permitted on less than an acre and shall be housed within an enclosed structure that is set back ten feet from side yard property lines and are prohibited within the front yard setback area. No setback is required from the rear property line or an alley. Roosters are prohibited.

B. Livestock and poultry are permitted, provided the property ownership is at least one contiguous acre in size, and the following criteria are met:

1. The minimum pasture area maintained for each animal shall be as listed below, with additional young animals not included in determining the minimum pasture area:

a. One-half acre per each horse, pony, mule, cow, llama, alpaca and/or other similar size animal, with additional such animals under the age of one year not included;

b. One-quarter acre per each sheep, goat or other similar size animal, with additional such animals under the age of one year not included;

c. Twelve poultry per acre. Poultry may include any combination of chickens, ducks, geese, or similar type animals, with additional such animals under the age of three months not included. The keeping of roosters is prohibited;

d. Twelve small mammals per acre. Small mammals may include any combination of rabbits, guinea pigs, ferrets, or similar type animals, with additional such animals under the age of three months not included;

e. One acre per each swine. When located within an urban growth area no more than three swine are permitted per property ownership, with additional swine under the age of three months not included.

2. The property shall be maintained in a clean, sanitary condition so as to be free from offensive odors, fly breeding, dust, and general nuisances and shall be in compliance with health district regulations.

3. Adequate measures shall be taken to properly dispose of animal wastes. Accumulations of animal waste shall be prohibited from being stored closer than one hundred feet from any property line and/or any wells. Waste from swine shall be prohibited within two hundred feet of any domestic or irrigation well.

4. Barns, shelters, or other buildings or structures for the keeping or feeding of such animals shall be located a minimum of fifty feet from any property line or one hundred feet from any off-premises residential dwelling, whichever distance is greater.

5. Pastures are defined as that area which is enclosed within a perimeter fence, and shall not include that portion of the property used for residential purposes. Pastures shall be maintained with a permanent, uniform, vegetative top cover and shall be kept free of noxious weeds. The perimeter fence shall be designed, constructed and maintained sufficiently to keep the animals within the fenced area.

6. Any future division of property must comply with the minimum standards above. The minimum pasture area and condition requirements must be met by each additional individual lot or parcel, including the original parcel of record, in order to maintain livestock or poultry on the property.

7. Potentially dangerous wild animals, as defined in RCW 16.30.010, are prohibited.

8. Commercial slaughter houses, rendering plants, manure composting, and feed lots for cattle, swine, chickens, other livestock or poultry shall not be permitted.

9. Violations of this section shall constitute a nuisance, and shall be enforced according to the uniform procedures set out in Chapter 2.80. (Ord. 1556 § 2 (Exh. A) (part), 2019: Ord. 1512 § 2 (Exh. A) (part), 2016: Ord. 1502 § 4 (Exh. O), 2015: Ord. 1361 § 1, 2008).

17.04.070 Exceptions to front yard setback requirements.

A. If there are dwellings on both abutting or adjoining lots with front yard setback distances of less than the required depth for the district, the front yard setback distance for the lot need not exceed the average front yard setback distance of the abutting dwellings.

B. If there is a dwelling on one abutting or adjoining lot with a front yard setback distance of less than the required depth for the district, the front yard setback distance for the lot need not exceed the average between the front yard setback distance with less than the required depth and the front yard setback distance required in the district.

C. The front yard may be reduced to twenty feet from the street right-of-way when the slope of the front fifty feet of the lot, measured from the flowline of curb (or the ditch bottom) at the midpoint of the proposed building frontage equals or exceeds one foot of fall in seven feet of distance from the property line.

D. The front yard may be reduced to fifteen feet from the street right-of-way when the slope of the front fifty feet of the lot, measured from the flowline of curb (or the ditch bottom) at the midpoint of the proposed building frontage equals or exceeds one foot of fall in four feet of distance from the front property line.

E. The front yard may be reduced to twelve feet from the street right-of-way when the slope of the front fifty feet of the lot, measured from the flowline of curb (or the ditch bottom) at the midpoint of the proposed building frontage equals or exceeds two feet of fall in five feet of distance from the front property line.

F. The front yard may be reduced to ten feet from the street right-of-way, when the slope of the front fifty feet of the lot, measured from the flowline of curb (or the ditch bottom) at the midpoint of the proposed building frontage equals or exceeds one foot of fall in two feet of distance from the front property line.

G. If the front yard requirement is to be reduced under the conditions specified in this section, all driveways and entrances to garages and carports shall be parallel or nearly parallel to the street to avoid backing of vehicles directly onto the street and to allow vehicles to be completely outside the structure before entering the street. (Ord. 1533 § 6 (Exh. 14) (part), 2017: Ord. 563 § 1, 1977: Ord. 333 § 3 (part), 1965: Ord. 314 § 15 (B)(2), 1962).

17.04.075 Intrusions into setbacks.

Except as provided in Section 17.04.076, the setbacks required by this title are subject to the following intrusions:

A. A driveway, walkway, and/or parking area in compliance with current city of Chelan development standards as adopted in Chapter 25.05 as now exists or as may be hereafter amended.

B. An uncovered patio or court, or other uncovered, ground-level improvement.

C. An uncovered deck which is not higher than thirty inches above grade may extend into a required side or rear yard up to the lot line.

D. Bay windows, eaves, cantilevered parts of a building and other elements of a structure, excluding gutters, that customarily extend beyond the exterior walls of a structure and do not require a foundation may extend up to eighteen inches into any required setback area. The total horizontal dimension of the elements that extend into a required yard, excluding eaves, may not exceed twenty-five percent of the width of the facade upon which it is located.

E. Fences may be located in required setback areas subject to the fence requirements specified in this title as it now exists or as may be hereafter amended.

F. Rockeries and Retaining Walls.

1. Rockeries and retaining walls equal to or less than forty-eight inches in height may be located in required setback areas if:

a. The rockery or retaining wall is not being used as a direct structural support for a building; and

b. The rockery or retaining wall complies with the clear sight zone standards specified in Section 10 of the city’s development standards adopted pursuant to Chapter 25.05 as now exists or as may be hereafter amended.

2. At the discretion of the planning director, the side setback requirement for rockeries and retaining walls more than forty-eight inches in height may be waived to allow a single rockery or retaining wall to support a slope on two adjacent parcels of land provided:

a. The owners of adjacent parcels agree to the waiver; and

b. The agreement is recorded as a notice to title on the titles of both of the affected parcels, and recorded by the Chelan County auditor.

3. Rockeries and retaining walls more than forty-eight inches in height and less than seventy-two inches in height shall have a five-foot minimum setback at the front, side and rear yards.

4. Rockeries and retaining walls more than seventy-two inches in height shall comply with Section 17.04.077.

5. Appropriate provisions for drainage must be made in the case of any rockery or retaining wall located in any required setback.

G. Heating, ventilation, and air conditioning (HVAC) equipment and liquid propane gas (LPG) tanks less than one-hundred-twenty-five-gallon capacity are prohibited from the front setback area and shall not be permitted within a required side setback area unless the equipment is at least five feet from the side property line. HVAC equipment shall be allowed up to two feet from one side property line if enclosed by a fence or vegetative plantings that, at maturity, will provide noise attenuation as solely determined by the city building official. Propane tanks of the capacity of one hundred twenty-five gallons or more are prohibited from the front setback area and shall be allowed in a required rear yard and side yard in compliance with setback requirements provided in the city’s current International Fire Code as set forth in Title 15.

H. Storage of boat, recreational, or travel trailers in required side yard and rear yard setbacks associated with a single-family residence or multi-family developments, regardless of land use zone, shall comply with requirements set forth in Sections 17.20.020 and 17.24.020 accordingly. (Ord. 1556 § 2 (Exh. A) (part), 2019: Ord. 1533 § 6 (Exh. 15) (part), 2017; Ord. 1328 § 4 (part), 2006; Ord. 1165 § 1, 2000: Ord. 1151 § 1, 1999).

17.04.076 Utility setback required.

No structure shall be erected within utility easements. Further, all structures including retaining walls, rockeries and other improvements of minor character, excluding fences and landscaping, shall be setback a minimum of five feet from each side of a utility easement. (Ord. 1165 § 2, 2000).

17.04.077 Setbacks for rockeries and retaining walls more than seventy-two inches in height.

The following requirements apply to rockeries and retaining walls more than seventy-two inches in height:

A. The rockery or retaining wall must comply with the clear sight zone standards specified in Section 10 of the city’s development standards adopted pursuant to Chapter 25.05 as now exists or as may be hereafter amended.

B. The rockery or retaining wall must comply with all applicable provisions of the International Building Code as it now exists or may hereafter be amended.

C. Rockeries and retaining walls used to retain fill on the site on which said rockery or retaining wall is to be placed must be set back one foot for every foot of wall height.

D. The following standards apply to retaining walls used to retain cut slopes or banks on the site on which said rockery or retaining wall is proposed:

1. The application to build the rockery or retaining wall must be accompanied by a geotechnical report identifying any impacts of the action on adjacent parcels, including:

a. Impacts of the rockery or retaining wall and any footings; and

b. Impacts on structures or other uses to be built or placed on the adjacent parcel or parcels.

2. The rockery or retaining wall must be set back one foot for every foot of wall height. At the discretion of the planning director, the setback for the rockery or retaining wall may be increased beyond the minimum required by these development standards, based on the findings of the geotechnical report. (Ord. 1328 § 4 (part), 2006).

17.04.080 Recreational vehicles.

A. Except as provided herein, no recreational vehicle or travel trailer shall be used for a place of habitation in the city, except in those areas designated as recreational vehicle parks or unless a permit has been issued pursuant to Section 17.20.010 of this code which provides for a six-month permit during construction.

B. Notwithstanding the requirements set forth in subsection A of this section, the city clerk may issue a visitation permit to park a travel trailer or recreational vehicle within the city on improved residential lots with a habitable dwelling for a fourteen-day period. The fee for such permit shall be five dollars. Only two such permits shall be issued to any applicant in any calendar year. No two such permits shall be issued within thirty days of each other. Such permits shall be limited to one recreational vehicle or travel trailer. No recreational vehicle or travel trailer may be used for overnight accommodation on a public right-of-way.

C. Notwithstanding the requirements set forth in subsection A of this section, when approved in advance by the city through its parks department, recreational vehicles and travel trailers may be parked in a public park or public playground designated by the city in conjunction with any special event for the same duration and condition listed in subsection B of this section. The city shall establish or may direct the parks department to establish criteria for use of the public parks and playgrounds not inconsistent with this section.

D. As used in this section, “special event” means any event or activity which is organized primarily for the purpose of promoting cultural, artistic, entertainment and sporting endeavors, including, but not limited to, arts and crafts fairs, cultural exhibitions, vocal or instrumental concerts, shows, festivals or camps, organized sporting events such as little league baseball, amateur soccer or other similar events. (Ord. 1070 § 1, 1997; Ord. 861 § 1, 1988: Ord. 667 § 3, 1980: Ord. 533 § 6, 1976: Ord. 463 § 3, 1973: Ord. 314 § 15 (C), 1962).

17.04.085 Mobile homes.

Mobile homes shall be permitted as single-family dwellings in all districts. All single-family dwellings shall have a total floor area of at least seven hundred twenty square feet and have a minimum width of not less than seventeen feet the entire length thereof. (Ord. 533 § 1, 1976).

17.04.090 Structures, general.

A. No accessory building shall be used as a place of habitation.

B. No basement shall be used as a place of habitation while the dwelling is under construction. (Ord. 314 § 15 (D), 1962).

17.04.100 Zoning lots.

All zoning lots, or portions thereof, created or sold into two or more lots, as the result of land division or sale, shall conform to the dimensional standards set forth in the zoning district in which the lot is located. (Ord. 1556 § 2 (Exh. A) (part), 2019: Ord. 314 § 15 (E), 1962).

17.04.110 Movement of single-family dwelling, two-family dwelling or multi-family dwelling.

A. District permitted:

1. R-L, R-M, T-A, or C-HS District.

B. Minimum conditions:

1. The residential building proposed to be moved shall be consistent with the existing general design and appearance of other residential buildings in the neighborhood of the lot where the residential building is proposed to be located, where such consistency, if allowed, would adversely affect the property values in the neighborhood.

2. The residential building shall be moved onto the proposed lot and all alterations or enlargements to the building shall be completed in accordance with the plans approved by the board of adjustment within nine months of the date of approval of the conditional use by the board of adjustment. Upon failure to comply with the provisions of this section, the applicant shall either remove the building within thirty days or he shall apply to the board of adjustment for an extension of time, such time extension shall not exceed ninety days.

3. No such residential building shall remain in transit for a longer period of time than three days nor shall such residential building be located on any lot on a temporary basis for a longer period of time than thirty days. (Ord. 1533 § 6 (Exh. 16) (part), 2017; Ord. 360 § 1, 1966: Ord. 314 § 15 (F), 1962).

17.04.120 Zoning of annexations.

All property annexed into the city shall be zoned R-L single-family residential district unless a proposed zoning regulation has been adopted for the area proposed for annexation in accordance with RCW 35A.14.330 and RCW 35A.14.340 as the same exist now or may be amended. (Ord. 870 § 1, 1989: Ord. 314 § 19, 1962).

17.04.125 Adult entertainment facilities.

A. Scope of Restrictions. All adult entertainment facilities shall comply with the requirements of this section. The purpose and intent of requiring standards for adult entertainment facilities is to mitigate the adverse secondary effects caused by such facilities and to maintain compatibility with other land uses and services permitted within the city. The standards established in this section apply to all adult entertainment facilities and include, but are not limited to, the following: adult arcades, adult cabarets, adult motels, adult motion picture theaters, and adult retail stores. The standards established in this section shall not be construed to restrict or prohibit the following activities or products: (1) plays, operas, musicals, or other dramatic works that are not obscene; (2) classes, seminars, or lectures which are held for a serious scientific or educational purpose that are not obscene; and (3) exhibitions, performances, expressions, or dances that are not obscene.

B. Separation Requirements. Adult entertainment facilities shall be permitted in the C-W

Waterfront Commercial District as set forth in Section 17.40.010(J) only if the following separation requirements are met:

1. No adult entertainment facility shall be located closer than five hundred feet to any other adult entertainment facility whether or not such adult entertainment facility is located within or outside the city limits.

2. No adult entertainment facility shall be located closer than five hundred feet to any of the following uses whether or not such use is located within or outside the city limits:

a. Any public park;

b. Any public library;

c. Any public or private nursery school or preschool;

d. Any public or private primary or secondary school;

e. Any day care;

f. Any community youth center; and

g. Any place of worship.

C. Measurement. The buffers required by this section shall be measured by extending a straight line from the nearest point on the property line of the lot containing the proposed adult entertainment facility to:

1. The nearest point on the boundary line of a residential zoning district;

2. The nearest point on the property line of a public park; or

3. The nearest point on the property line of the lot containing an adult entertainment facility, a public library, public or private nursery school or preschool, public or private primary or secondary school, day care, community youth center, or place of worship.

D. Variances. Whenever the applicant for an adult entertainment facility believes that the separation requirements set forth in this section are not necessary to achieve an effective degree of physical separation between the proposed adult entertainment facility and the zoning districts and uses identified in subsection B of this section, the applicant shall have the right to apply for a variance from the separation requirements subject to the procedures set forth in Chapter 17.64, Variances and upon payment of the applicable fee for a variance application. In determining whether a variance should be granted, the board of adjustment shall consider the following criteria in addition to the variance criteria set forth in Chapter 17.64, Variances:

1. The extent to which physical features would result in an effective separation between the proposed adult entertainment facility and any zoning districts or uses identified in subsection B of this section in terms of visibility and access;

2. The extent to which the proposed adult entertainment facility complies with the goals and policies of the Chelan Municipal Code;

3. The extent to which the proposed adult entertainment facility is compatible with adjacent and surrounding land uses;

4. The availability or lack of alternative locations for the proposed adult entertainment facility;

5. The extent to which the proposed adult entertainment facility can be avoided by alternative vehicular and pedestrian routes; and

6. The extent to which the applicant can minimize the adverse secondary effects associated with the proposed adult entertainment facility.

If, after considering these criteria and the variance criteria set forth in Chapter 17.64, Variances, the board of adjustment finds that an effective degree of physical separation between the proposed adult entertainment facility and the zoning districts and uses identified in subsection B of this section can be achieved without requiring the full distance of separation provided by this section, the board of adjustment shall determine the degree of variance to be allowed and shall grant the variance. Otherwise, the variance application shall be denied.

E. Nonconforming Adult Entertainment Facilities. An adult entertainment facility shall be deemed a nonconforming use and shall be subject to the requirements of Chapter 17.68, Nonconforming Uses, if a zoning district or use identified in subsection B of this section locates within five hundred feet of such adult entertainment facility after the date that such adult entertainment facility has located within the city in accordance with the requirements of this section. (Ord. 1299 § 1, 2005; Ord. 1189 § 5, 2000).

17.04.130 Amendments – Initiation of action.

Amendments, supplementations, or modifications to this title, including proposed change to use districts, may be initiated in the following manner:

A. By the council of the city or the city planning commission;

B. By the property owners, as follows:

By the filing with the planning commission of a petition of one or more owners of property within the city, setting forth the proposed amendment, supplementation or modification, which petition shall be on a standard form as prescribed by the planning commission. (Ord. 616 § 1, 1979: Ord. 314 § 20 (A), 1962).

17.04.140 Amendment procedure.

A. Proposed amendments or additions to this title, including proposed changes to use districts, shall first be considered by the planning commission at a public hearing. The planning commission shall hold a public hearing to consider proposed amendments or additions to this title within sixty days after receiving the application for a proposed amendment or addition to this title.

B. Notice of the planning commission public hearing on amendments and additions to this title shall include the time, place, and purpose of the public hearing and shall be published at least once in a newspaper of general circulation delivered in the city and in the official Gazette, if any, of the city, at least ten days prior to the date of the public hearing. Continued hearings may be held at the discretion of the planning commission, but no additional notices need be published. Within thirty days following the public hearing and any continuances thereof, the planning commission shall prepare written findings, conclusions and a decision and provide the same to the city council.

C. The city council shall, within sixty days after receiving the planning commission findings, conclusions, and recommendation, consider the proposed amendment at a public meeting and shall either:

1. Adopt the findings, conclusions and recommendations of the planning commission as the decision of the council;

2. Modify the findings and conclusions of the planning commission without changing the planning commission’s recommendation, as the decision of the council;

3. Reject the findings, conclusions and/or recommendation of the planning commission and adopt findings and conclusions of its own, based on the record presented to the planning commission at the public hearing, and enter its own decision;

4. Remand the matter back to the planning commission with written instructions for further consideration or additional public hearings; or

5. Hold its own public hearing to consider the proposed amendment, and, after the hearing: (a) adopt, modify, or reject the recommendation of the planning commission; (b) remand the matter to the planning commission with instructions; or (c) take such other action relating to the proposed amendment or addition as the council deems appropriate.

D. Notice requirements for any such public hearing before the city council shall be the same as those notice requirements set forth in this section for planning commission public hearings. (Ord. 871 § 1, 1989: Ord. 691 § 1, 1982: Ord. 314 § 20 (B), 1962).

17.04.150 Limitation.

No request for a use district boundary or use district classification amendment to this title shall be considered by the planning commission within the twelve-month period immediately following a previous denial of such request, except that the planning commission shall consent to a new hearing, if in the opinion of the planning commission, new evidence or a change of circumstances warrants it. (Ord. 314 § 20 (C), 1962).

17.04.160 Collective gardens.

Collective gardens, as authorized by Washington law and federal law, shall be permitted in all zoning districts. (Ord. 1437 § 3, 2012).

17.04.170 Marijuana license businesses.

The following provisions apply to marijuana license businesses licensed by the Washington State Liquor Control Board.

A. Marijuana licensed businesses shall be subject to all applicable standards of city development regulations.

B. Marijuana licensed businesses shall not be permitted within one thousand feet of the perimeter grounds of the following entities:

1. Elementary or secondary schools;

2. Playground;

3. Recreation center or facility;

4. Child-care center;

5. Public park;

6. Public transit center;

7. Library;

8. Game arcade (where admission is not restricted to persons age twenty-one or older);

9. Any parcel where a marijuana retail outlet is located; or

10. Religious assemblies.

The city shall rely upon the definitions set forth in Chapter 314-55 WAC when identifying the entities listed above.

C. Outdoor Advertising.

1. Signs shall comply with Chapter 17.58;

2. One sign not exceeding one thousand six hundred square inches (11.1 square feet) that is visible to the general public from a public right-of-way shall be permitted for exterior advertising purposes. Such sign shall be subject to the standards of the Washington State Liquor Control Board and Chapter 17.58;

3. “Minors restricted signs” shall be posted at all marijuana licensed premises.

D. Federal Government Authorization. No application for a marijuana licensed business shall be approved by the city until such time as marijuana is removed from Schedule I of Controlled Substances Act, 21 U.S.C. Section 812, as evidenced by a slip law available from the Library of Congress.

E. Marijuana Retail Outlets.

1. A marijuana retail outlet shall be permitted through a conditional use permit in Highway Service Commercial (C-HS), Commercial Waterfront (C-W), Downtown Mixed Use (DMU) and Tourist Mixed Use (TMU) Districts.

2. Marijuana retail outlets shall be permitted in the Warehouse and Industrial (W-I) District.

3. A marijuana retail outlet may sell usable marijuana, marijuana-infused products, and marijuana paraphernalia between the hours of eight a.m. and twelve a.m.

4. A marijuana retail outlet shall sell usable marijuana, marijuana-infused products, and marijuana paraphernalia in a detached building containing no additional business activities.

F. Marijuana Processors.

1. Marijuana processors shall be permitted in the Warehouse and Industrial (W-I) District.

2. Marijuana production shall take place within a fully enclosed secure indoor facility with an adequately filtered exhaust to avoid noxious odors.

G. Marijuana Producers.

1. Marijuana producers shall be permitted in the Warehouse and Industrial (W-I) District.

2. Marijuana producers shall be permitted through a conditional use permit in the Special Use (SUD) and Tourist Accommodation (T-A) Districts.

3. Marijuana production shall take place within a fully enclosed secure indoor facility or greenhouse with an adequately filtered exhaust to avoid noxious odors.

4. Marijuana producer indoor facilities shall not exceed:

a. Warehouse Industrial (W-I) District: ten thousand square feet of production space.

b. Special Use District (SUD) and Tourist Accommodation (T-A) District: three thousand square feet of production space.

H. Nuisance Abatement. Violation of the provisions of this section shall constitute a nuisance, and is subject to the enforcement provisions of Chapter 8.26 of the Chelan Municipal Code or state law. (Ord. 1474 § 1 (Exh. A), 2014).

17.04.180 Right to farm.

 A. Intent. The intent of the right-to-farm regulations in the Chelan Municipal Code is to:

1. Grant the same degree of protection to agricultural activities as Chapter 7.48 RCW;

2. Encourage the preservation of farms;

3. Limit the encroachment of incompatible development.

B. Applicability. This shall apply to agricultural activities on farmland in the Chelan city limits and unincorporated urban growth area.

C. Definitions. Consistent with RCW 7.48.310, the following definitions are applied in this section:

“Agricultural activity” means a condition or activity which occurs on a farm in connection with the commercial production of farm products and includes, but is not limited to, marketed produce at roadside stands or farm markets; noise; odors; dust; fumes; operation of machinery and irrigation pumps; movement, including, but not limited to, use of current county road ditches, streams, rivers, canals, and drains, and use of water for agricultural activities; ground and aerial application of seed, fertilizers, conditioners, and plant protection products; keeping of bees for production of agricultural or apicultural products; employment and use of labor; roadway movement of equipment and livestock; protection from damage by wildlife; prevention of trespass; construction and maintenance of buildings, fences, roads, bridges, ponds, drains, waterways, and similar features and maintenance of stream banks and watercourses; and conversion from one agricultural activity to another, including a change in the type of plant-related farm product being produced. The term includes use of new practices and equipment consistent with technological development within the agricultural industry.

“Farm” means the land, buildings, freshwater ponds, freshwater culturing and growing facilities, and machinery used in the commercial production of farm products.

“Farmland” means land or freshwater ponds devoted primarily to the production, for commercial purposes, of livestock, freshwater aquacultural, or other farm products.

“Farm product” means those plants and animals useful to humans and includes, but is not limited to, forages and sod crops, dairy and dairy products, poultry and poultry products, livestock, including breeding, grazing, and recreational equine use, fruits, vegetables, flowers, seeds, grasses, trees, freshwater fish and fish products, apiaries and apiary products, equine and other similar products, or any other product which incorporates the use of food, feed, fiber, or fur.

D. Permitted Uses. The following uses may be permitted on farms established consistent with federal, state, and local laws:

1. Agricultural activities;

2. One single-family detached dwelling unit per parcel, together with one accessory unit or other structures accessory to a dwelling unit subject to the standards of the zone applicable to the farm; and

3. Agri-tourism activities when allowed in the zone applicable to the farm.

E. Standards.

1. Agricultural activities conducted on farmland and forest practices, if consistent with good agricultural practices and established prior to surrounding nonagricultural activities, are presumed to be reasonable and shall not be found to constitute a nuisance unless the activity or practice has a substantial adverse effect on public health and safety.

2. Agricultural activities undertaken in conformity with all applicable laws and rules are presumed to be good agricultural practices not adversely affecting the public health and safety for purposes of this section and RCW 7.48.300. An agricultural activity that is in conformity with such laws and rules shall not be restricted as to the hours of the day or day or days of the week during which it may be conducted.

3. Normal farm machinery and animal noise emanating from a farm operating consistent with the standards in subsections (E)(1) and (2) of this section shall be exempt from Chapter 8.31, Public Disturbance Noises.

4. At the sole discretion of the administrator, new land divisions that may be incompatible with an adjacent existing agricultural use, may be required to implement the following measures:

a. A minimum six-foot, sight-obscuring, trespass-resistant fence.

b. A minimum planting width of ten feet.

c. A planting plan prepared and stamped by a landscape architect registered in the state of Washington. The plan must identify plantings that will achieve the visual screening, trespass inhibiting, and long-term sustainability goals of this section.

d. An irrigation system sufficient to serve the entire planting strip. An irrigation plan must be submitted prior to project approval.

e. Maintenance of landscaped buffers shall be the responsibility of the property developer or future owner(s) of subject nonagricultural property. The long-term maintenance plan must be submitted with the landscape plan and approved by the responsible city official. A note on the deed will specify a responsibility for the long-term maintenance of the buffer to run with the land.

i. All plantings must be weeded and maintained regularly;

ii. Diseased or dying shrubs or trees must be replaced with similar plants projected to achieve the desired screening effect;

iii. Fences must be maintained in good order at all times.

5. At the sole discretion of the administrator, new farms locating adjacent to existing residentially developed properties shall provide the appropriate fence and landscaped buffer as defined in subsection (E)(4) of this section if there is a potential for incompatibility. (Ord. 1533 § 8 (Exh. 87) (part), 2017).

17.04.190 Rural to urban transition standards.

 A. Intent. The intents of the rural to urban transition standards are to:

1. Phase growth and demand for urban services while allowing reasonable interim uses of property; and

2. Prevent establishment of uses and lot patterns which may foreclose future alternatives and impede efficient later development at urban densities.

B. Applicability. These regulations apply to lands within the following zones: SUD.

C. Interim Lot Standards. Until urban sewer and water service is available, a property owner may subdivide their property as follows:

1. The parcel is to be divided into no more than four lots subject to:

a. Interim Water Systems. See Chapter 25.05, Development Standards, Chapter 1, Standards and Conditions, Subsection U, Interim Water Systems.

b. Interim On-Site Septic Systems. See Chapter 25.05, Development Standards, Chapter 3, Sewer Standards, Subsection P, Interim On-Site Septic Systems.

c. Building Placement Requirements. Identify maximum development areas on recorded plats consistent with the following:

i. Ensure development and building areas are located and arranged to provide the maximum protection of existing or potential agricultural production areas located both on and off site, or provide for recreation areas open to the public, or protect sensitive areas not otherwise protected by critical areas regulations.

(A) Potential agricultural production is defined based on:

(1) Previous history of agricultural production or the location of prime farmland soils; and

(2) Water availability if irrigation is required for production;

ii. Consolidate the area of existing or planned buildings, accessory uses, drainfields, wells, wellhead protection area(s), established landscaped areas, structures, and required setbacks to an area that is no greater than one acre or twenty percent of total lot area, whichever is less;

iii. Where the proposed lot is vacant, locate buildings and development in a corner of the property adjacent to public roads or public rights-of-way to maximize the area of current or potential agricultural uses on site and off site or to allow for recreation areas open to the public, or to protect sensitive areas not otherwise protected by critical areas regulations; and

iv. Achieve the most suitable locations for parcels in terms of minimizing roads, allowing for water availability, and septic suitability.

d. Develop a management plan to the satisfaction of the planning and building director for agricultural, recreation, or open space uses including conservation practices to address water, habitat, and soil conditions, and responsible parties for maintenance, such as homeowners’ associations or property owners. (Ord. 1533 § 8 (Exh. 88) (part), 2017).

17.04.200 Requests for additional height.

 Where a zone district allows for an applicant to request greater height, the following procedures and criteria apply:

A. The applicant shall prepare a request identifying the rationale for a height greater up to ten feet greater than the standard zone allowance based on the criteria in subsection C of this section.

B. The applicant shall provide an axonometric or other three-dimensional drawing or model illustrating the massing of the proposed project and the surrounding area (within five hundred feet of the site), to examine how the proposed development fits within the existing and planned context of surrounding development, relationship to the public views documented in the comprehensive plan, and complies with the municipal code. The illustration or model shall depict the exterior massing of the shell of the building and not detailed engineering models of the structure or interior.

C. The administrator shall consider a request for a height up to ten feet greater than the zone maximum height based on demonstrated compliance with all of the following criteria:

1. The property is consistent with heights allowed under the shoreline master program jurisdiction.

2. The property would not obstruct public views to Lake Chelan or hillside vistas from downtown, Don Morse Park or Lakeside Park as depicted in the comprehensive plan.

3. The applicant has located and oriented structures on the subject property in a manner that diminishes the potential public view impacts and reduces incompatibilities with abutting residential or public properties, if any.

4. The applicant has demonstrated the purpose and need for additional height.

5. The applicant has identified at least one public benefit, which may include, but is not limited to:

a. Long-term contribution to the city’s economy;

b. Provision of affordable housing for those earning up to one hundred ten percent of the area median income guaranteed to be affordable for fifty years through a recorded instrument acceptable to the administrator and city attorney;

c. Provision of public recreation facilities;

d. Undergrounding of power and telecommunication lines not otherwise required; or

e. Other features that provide overriding considerations and public benefit.

D. As a result of the application review or model, the administrator may condition the development to modify bulk, building spacing, height, setbacks, landscaping, or other design feature to protect public views or improve development compatibility. (Ord. 1533 § 8 (Exh. 89) (part), 2017).