Chapter 17A.10
GENERAL PROVISIONS
Sections:
17A.10.050 Relationship to subdivision and platting.
17A.10.070 State Environmental Policy Act coordination.
17A.10.100 Establishment of zone districts and zone map.
17A.10.110 Deviation from minimum zoning standards.
17A.10.120 Notification periods.
17A.10.010 Short title.
This title shall be known as the “Okanogan County zoning code” and may also be referred to as the “zone code.” (Ord. 2016-4 § 1 (Att. A), 2016).
17A.10.020 Repealer.
OCC Title 17, Zoning, including any and all associated ordinances amending such code, is repealed. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.10.030 Purpose.
The purpose of this title is to implement the Okanogan County comprehensive plan (as amended) and promote the general public health, safety and welfare of present and future inhabitants of Okanogan County. Any provision of this code may be amended to improve, update or clarify its purpose by following amendment procedures contained in Chapter 17A.340 OCC, Amendment of Zoning Code. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.10.040 Authority.
This code is adopted pursuant to Chapter 36.70 RCW. The Okanogan County planning director, hereafter referred to as the administrator, is vested with the duty of administering the provisions of this code and may prepare, and require the use of, such forms as are essential to its administration. In addition to that authority set forth in this title, the administrator may issue such orders, requirements, decisions or determinations concerning the application of this code. Appeals of the administrator’s actions shall be under Chapter 17A.350 OCC, Appeals.
A. Zoning Adjustor. The administrator is the authorized zoning adjustor pursuant to RCW 36.70.200, and in this capacity shall decide on administrative orders in accordance with Chapter 17A.310 OCC, Conditional Use Permits, and Chapter 17A.320 OCC, Variances. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.10.050 Relationship to subdivision and platting.
Any proposed subdivision or platting action under OCC Title 16, Subdivisions, must be in accordance with the zoning on the subject property. Any proposed subdivision which is not in compliance with the zoning will not be processed, except that a rezone application may be processed simultaneously with a proposed subdivision. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.10.060 Compliance.
A. Hereafter, no building or structure shall be erected, reconstructed, enlarged, or relocated, and no building, structure or premises shall be used except in compliance with the provisions of this title and then only after securing all required permits. Any building, structure or use lawfully existing at the time of passage of this title, although not in compliance therewith, may be maintained as provided for in Chapter 17A.330 OCC, Legal Preexisting Uses and Lots.
1. Site Analysis. A site analysis application shall be processed as a zoning permit, as an administrative process in accordance with OCC Title 20, Development Permit Procedures and Administration, and shall be used for the purpose of reviewing various development requests in order to declare whether the development is consistent with this code. The site analysis application shall be submitted for the purpose of requesting approval of a development proposal. The site analysis application may also be used for the purpose of seeking clarification of land use regulations (for informational purposes). The planning department may charge an application fee if so adopted by the board of Okanogan County commissioners as part of Okanogan County’s fee schedule. The site analysis application incorporates consistency review for other regulations administered by the Okanogan County planning department, including but not limited to OCC Title 14, Environment, Chapter 15.08 OCC, Floodplain Management, OCC Title 16, Subdivisions, this title, Zoning, Chapter 18.05 OCC, Development Agreements, and applicable state and federal regulations.
B. The issuance of any permit or license by any department or agency of Okanogan County shall not in any way make lawful a use of land or structure otherwise in violation of this code. Any permit or license issued for a use of land or structure thereon which violates this code shall be and is null and void.
C. Temporary emergency facilities (OCC 17A.20.860) are exempt from complying with the terms of this title. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.10.070 State Environmental Policy Act coordination.
All development projects and land uses proposed within Okanogan County shall be reviewed for their consistency with SEPA, Chapter 43.21C RCW, SEPA Guidelines, Chapter 197-11 WAC, and Chapter 14.04 OCC, Environmental Policy. Mitigation of significant adverse impacts may be required as a condition of project and/or land use approvals. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.10.080 Interpretations.
The administrator shall review and resolve any questions involving the proper interpretation or application of the provisions of this title that may be requested by any property owner, government officer, department or other person affected. The administrator’s decision shall be in keeping with the spirit and intent of this title.
A. Upon application, the administrator may determine that a use not specifically named in the allowed uses of a district shall be included among the allowed uses if the use is the same general type, and is similar in nature, to the allowed uses. Said use shall be consistent with the intent, goals and policies contained within the comprehensive plan.
B. Whenever this code imposes greater restrictions than are imposed or required by other provisions of law or regulation, then the provisions of this code shall control. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.10.090 Scope.
This code shall apply to all public and private lands situated within the unincorporated portions of Okanogan County over which Okanogan County has jurisdiction under the constitutions and laws of the state and of the United States and shall set forth minimum standards in addition to such other standards that may be applicable including, but not limited to, health district regulations, Shoreline Management Act, Okanogan County subdivision regulations, State Environmental Policy Act, Chapter 14.04 OCC, Environmental Policy or Chapter 14.12 OCC, Critical Areas. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.10.100 Establishment of zone districts and zone map.
A. Zone Districts. Zone districts for all of unincorporated Okanogan County shall be established, modified, and amended as provided in Chapter 36.70 RCW and this title and shall implement the goals and policies of the Okanogan County comprehensive plan. The following zone districts are established for the unincorporated boundaries of Okanogan County: Minimum Requirement (MR), Rural 1 (R1), Rural 5 (R5), Rural 20 (R20), Agriculture (AG), Agricultural Residential (AR), Suburban Residential (SR), Commercial (C), Industrial (IN), Airport Development (AD), Methow Review District (MRD), Methow Review District Valley Floor 12,500 (MRD VF12,500), Methow Review District Valley Floor 1 (MRD VF1), Methow Review District Valley Floor 5 (MRD VF5), Methow Review District Uplands 20 (MRD UL20), Rural Residential (RR), Low Density Residential (LDR), Urban Residential (UR), Neighborhood Use (NU), Special Review Commercial (SRC), Neighborhood Commercial (NC), Planned Unit Development (PUD), and Planned Destination Resort (PDR). Also established for the unincorporated boundaries of Okanogan County are Airport Public Safety and Airport Safety Overlay.
B. Zone Map. The zoning districts established by this title are defined as shown on Okanogan County’s official zoning maps and, together with all the explanatory material thereon, are adopted by reference and declared to be a part of this title.
1. The official zoning maps shall be maintained in electronic form and depicted in various formats and scales as appropriate to the need. The official zoning maps maintained by Okanogan County shall be the final authority as to the current zoning status of land.
2. When changes are made to zone district boundaries, such changes shall be made on the official zoning map promptly after the amendment has been approved by the board of Okanogan County commissioners. No changes shall be made to the official zoning map except in conformity with the procedures set forth in this title.
C. Zone District Boundaries. Where uncertainty exists as to the boundaries of zoning districts as shown on the official zoning maps, the following rules shall apply:
1. Boundaries indicated as approximately following the boundaries or centerlines of streets, highways, or alleys shall be construed to follow such boundaries or centerlines;
2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;
3. Boundaries indicated as approximately following city limits or similar areas shall be construed as following city limits or similar areas;
4. Boundaries indicated as approximately following the boundaries or centerlines of railroad lines shall be construed to be construed to follow such boundaries or centerlines (midway between the main tracks);
5. Boundaries indicated as following floodplains, floodways and other flood prone areas, steep slopes, critical areas or shorelines shall be construed to follow such floodplains, floodways and other flood prone areas, steep slopes, critical areas or shorelines;
6. Boundaries indicated as approximately following centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines;
7. Boundaries indicated as parallel to, or extensions of, features indicated in subsections (C)(1) through (6) of this section shall be so construed. Distances not specifically indicated on the official zoning maps shall be determined by the scale of the map;
8. Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections (C)(1) through (6) of this section, the administrator shall interpret the zoning district boundaries. The interpretation of the administrator may be appealed in accordance with the provisions of this title, Chapter 17A.350 OCC, Appeals.
9. At the time of adoption of this title and associated zone map, it is the intent of Okanogan County for all zone boundaries to follow property lines, wherever possible. From time to time, individual property owners may pursue boundary line adjustments, in accordance with OCC Title 16, which may result in zone boundary lines which do not follow property lines. There is no additional requirement of the landowner to submit application for a rezone, in accordance with this title, in order to reconcile zone boundaries with the adjustment of property lines. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.10.110 Deviation from minimum zoning standards.
Modifications to density and minimum lot size beyond that which is identified within the “density” and/or “minimum lot size” section of individual zone district chapters may be permitted if approved in accordance with limited divisions (OCC 17A.20.545). (Ord. 2016-4 § 1 (Att. A), 2016).
17A.10.120 Notification periods.
Any notification period established under the authority of this title, which expires on a county recognized nonbusiness day, shall be extended to the close of business of the next county business day. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.10.130 Severability.
If any provision of this title is for any reason held to be invalid, the remainder of this title shall not be affected. If any provision of this title is adjudged invalid as applied to a particular person or circumstance, that provision of this title shall not be affected as to other persons or circumstances. (Ord. 2016-4 § 1 (Att. A), 2016).