Chapter 11.06 ESTABLISHMENT OF ZONES/MAP

Chapter 11.06
ESTABLISHMENT OF ZONES/MAP

Sections:

11.06.010 Establishment of land use zoning districts.

(1) Use zones for all of unincorporated Chelan County shall be established, modified and amended as provided in Chapters 36.70 and 36.70A RCW and Titles 11 and 14 of the Chelan County Code and shall implement the goals, policies and land use designations of the Chelan County comprehensive plan and land use designation maps, Resolution 2000-12, as amended; and the land use designations within the urban growth area boundary of the city of Leavenworth, as adopted in Resolution 99-61, and as amended. Zoning districts within the urban growth area boundaries of the cities of Chelan, Entiat, Wenatchee, and Cashmere, are as designated on their respective cities’ zoning maps and codes and as adopted by Chelan County in Resolution 2000-129, and as amended.

(2) The following zoning districts are established for the unincorporated boundaries of Chelan County, excluding the urban growth area boundaries for the cities of Cashmere, Wenatchee, Entiat and Chelan which are as designated on their respective cities’ zoning maps and zoning codes as adopted by Chelan County in Resolution 2000-129, and as amended:

(A) Rural Designations.

(i) Rural residential/resource: one dwelling unit per twenty acres (RR20).

(ii) Rural residential/resource: one dwelling unit per ten acres (RR10).

(iii) Rural residential/resource: one dwelling unit per five acres (RR5).

(iv) Rural residential/resource: one dwelling unit per 2.5 acres (RR2.5).

(v) Rural waterfront: (RW).

(vi) Rural recreational/residential (RRR).

(vii) Rural village (RV).

(viii) Rural commercial (RC).

(ix) Rural industrial (RI).

(x) Rural public lands and facilities (RP).

(B) Resource Land Designations.

(i) Commercial agricultural lands (AC).

(ii) Commercial forest lands (FC).

(iii) Commercial mineral lands (MC).

(i) Icicle valley design review overlay district (IVOD).

(ii) Airport overlay district (AOD).

(iii) Planned unit development district (PDD).

(iv) Fish and wildlife habitat conservation areas overlay district (FWOD).

(v) Wetland areas overlay district (WOD).

(vi) Aquifer recharge areas overlay district (AROD).

(vii) Frequently flooded areas overlay district (FFOD).

(viii) Geologically hazardous areas overlay district (GHOD). (Res. 2011-86 (Att. A) (part), 10/4/11: Res. 2007-104, 7/10/07; Res. 2004-12 (part), 1/27/04; Res. 2000-129 (part), 10/17/00).

11.06.020 District intent statements.

The district intent statements define the overall purpose of each zoning district and serve as a guide in determining the appropriate location of uses, help determine appropriate conditions for development and help the reviewing officials interpret the standards, intent, and provisions of this title.

(1) Rural Residential/Resource: One Dwelling Unit per Twenty Acres (RR20).

(A) Purpose. To allow for low-intensity rural development, agricultural and forestry uses which do not require the extension of services or infrastructure. These areas provide greater opportunities for protecting sensitive environmental areas and creating open space typical of a rural setting.

(2) Rural Residential/Resource: One Dwelling Unit per Ten Acres (RR10).

(A) Purpose. To allow for rural development, forestry and agricultural uses consistent with the rural character and rural development provisions outlined in the goals and policies of the comprehensive plan. These areas can function as areas of transition between resource lands and areas of more intense rural or urban development. These areas also provide opportunities for protecting sensitive environmental areas and creating open space typical of a rural setting.

(B) Uses appropriate for these areas include: open space; residential; agriculture; and forestry. Additional uses may be considered with supplemental provisions. These provisions shall address performance standards, impacts to the surrounding area, and be consistent with the goals and policies of the comprehensive plan. Such uses may include: natural resource support facilities and services; mineral resource activities; intensification of existing development or new development of small-scale recreational or tourist uses that rely on a rural location or setting but that do not include a new residential component; intensification of development on lots containing existing isolated nonresidential uses or new development of isolated cottage industries and isolated small-scale businesses that are not principally designed to serve the existing and projected rural population and nonresidential uses, but do provide for job opportunities for rural residents; home occupations; bed and breakfasts; and community facilities.

(3) Rural Residential/Resource: One Dwelling Unit per Five Acres (RR5).

(A) Purpose. Provides opportunities for small-scale agricultural activities, and rural development consistent with the rural character and rural development provisions outlined in goals and policies of the comprehensive plan. These areas may provide opportunities for protecting sensitive environmental areas and open space typical of a rural setting. RR5 designations adjacent to urban growth areas are intended to encourage the preservation of rural areas until such time as they serve as urban growth areas and urban services become available. RR5 designations can also act as buffers between designated resource lands and more intense rural or urban development.

(B) Uses appropriate for these areas include: open space; residential; agriculture; and forestry. Additional uses may be considered with supplemental provisions. These provisions shall address performance standards, impacts to the surrounding area, and be consistent with the goals and policies of the comprehensive plan. Such uses may include: natural resource support facilities and services; mineral resource activities; intensification of existing development or new development of small-scale recreational or tourist uses that rely on a rural location or setting but that do not include a new residential component; intensification of development on lots containing existing isolated nonresidential uses or new development of isolated cottage industries and isolated small-scale businesses that are not principally designed to serve the existing and projected rural population and nonresidential uses, but do provide job opportunities for rural residents; home occupations; bed and breakfasts; and community facilities.

(4) Rural Residential: One Dwelling Unit per 2.5 Acres (RR2.5).

(A) Purpose. To maintain the range of rural development opportunities consistent with the rural character and rural development provisions outlined in the goals and policies of the comprehensive plan. These areas can provide buffering or transitions between existing rural developments and areas of higher or lower densities. This designation should not function as an urban reserve area, although these areas may someday be incorporated into an urban growth area.

(B) Uses appropriate for these areas include: residential; agriculture; and forestry. Additional uses may be considered with supplemental provisions. These provisions shall address performance standards, impacts to the surrounding area, and be consistent with the goals and policies of the comprehensive plan. Such uses may include: intensification of existing development or new development of small-scale recreational or tourist uses that rely on a rural location or setting but that do not include a new residential component; intensification of development on lots containing existing isolated nonresidential uses or new development of isolated cottage industries and isolated small-scale businesses that are not principally designed to serve the existing and projected rural population and nonresidential uses, but do provide job opportunities for rural residents; home occupations; bed and breakfasts; and community facilities.

(5) Rural Waterfront (RW).

(A) Purpose. This designation will provide the opportunity for the development, redevelopment and infill of existing intensely developed shoreline areas for residential, and water-related/water-dependent recreational and tourist development consistent with the rural character and rural development provisions outlined in the goals and policies of the comprehensive plan. These areas provide a distinct water-related lifestyle. Potential impacts to the surrounding area, critical areas, and water quality shall be addressed. These areas must be clearly identifiable as existing intensely developed rural shorelines; where a logical boundary can be delineated and set by the built environment. Such a boundary shall not permit or encourage a new pattern of sprawling low density or urban type development.

(B) Uses appropriate for these areas include: open space and developed open space; residential; agriculture; and forestry. Additional uses may be considered with supplemental provisions. These provisions shall address performance standards, impacts to the surrounding area, and be consistent with the goals and policies of the comprehensive plan. Such uses may include: intensification of existing development or new development of small-scale water-related/water-dependent recreational or tourist uses, including commercial facilities to serve those recreational or tourist uses, that rely on a rural location or setting but that do not include a new residential component; intensification of development on lots containing existing isolated nonresidential uses; home occupations; bed and breakfasts; and community facilities.

(6) Rural Recreational/Residential (RRR).

(A) Purpose. This designation will provide the opportunity for the development, redevelopment and infill of existing intensely developed rural recreational/residential areas for residential, recreational and tourist development consistent with the rural character and rural development provisions outlined in the goals and policies of the comprehensive plan. These areas provide a distinct rural lifestyle closely associated with the many natural amenities found within Chelan County. Potential impacts to the surrounding area, critical areas, and water quality shall be addressed. These areas must be clearly identifiable as existing intensely developed rural recreational development; where a logical boundary can be delineated and set by the built environment. Such a boundary shall not permit or encourage a new pattern of sprawling low density or urban type development.

(B) Uses appropriate for these areas include: open space and developed open space; residential; agriculture; and forestry. Additional uses may be considered with supplemental provisions. These provisions shall address performance standards, impacts to the surrounding area, and be consistent with the goals and policies of the comprehensive plan. Such uses may include: intensification of existing development or new development of small-scale recreational or tourist uses, including commercial facilities to serve those recreational or tourist uses, that rely on a rural location or setting but that do not include a new residential component; intensification of development on lots containing existing isolated nonresidential uses; home occupations; bed and breakfasts; and community facilities.

(7) Rural Village (RV).

(A) Purpose. This designation recognizes the existence of intensely developed rural residential developments and communities, with densities less than two and one-half acres per dwelling unit, which typically will not have sewer service. This designation will provide the opportunity for the development, redevelopment and infill of existing intensely developed rural residential areas for residential and other rural development consistent with the rural character and rural development provisions outlined in the goals and policies of the comprehensive plan. Potential impacts to the surrounding area, critical areas, and water quality shall be addressed. These areas must be clearly identifiable as existing intensely developed rural residential development; where a logical boundary can be delineated and set by the built environment. Such a boundary shall not permit or encourage a new pattern of sprawling low density or urban type development.

(B) Uses appropriate for these areas include: developed open space; residential; agriculture; and forestry. Additional uses may be considered with supplemental provisions. These provisions shall address performance standards, impacts to the surrounding area, and be consistent with the goals and policies of the comprehensive plan. Such uses may include: intensification of existing small-scale recreational or tourist uses that rely on a rural location or setting but that do not include a new residential component; intensification of development on lots containing existing isolated nonresidential uses; home occupations; bed and breakfasts; and community facilities.

(8) Rural Commercial (RC).

(A) Purpose. To provide for a range of commercial uses to meet the needs of local residents, and small-scale tourist or recreational uses including commercial facilities to serve those recreational or tourist uses within the rural areas to meet the needs of local residents and visitors. This designation will provide the opportunity for the development, redevelopment and infill of commercial uses in existing rural commercial developments, mixed-use areas or intensely developed residential areas consistent with the rural character and rural development provisions outlined in the goals and policies of this comprehensive plan. Potential impacts to the surrounding area, critical areas, and water quality shall be addressed. These areas must be clearly identifiable as existing rural commercial developments, mixed use areas or intensely developed residential developments; where a logical boundary can be delineated and set by the built environment. Such a boundary shall not permit or encourage new rural commercial development outside of these boundaries.

(B) Uses appropriate for these areas include: commercial facilities and services; developed open space; above ground-floor residential housing; agriculture; forestry; natural resource support facilities and services, tourist or recreational uses; home occupations; bed and breakfasts; and community facilities.

(9) Rural Industrial (RI).

(A) Purpose. To recognize the need for rural industrial and resource based industrial activities within the rural areas. This designation will provide the opportunity for the development, redevelopment and infill of existing rural industrial developments or former industrial sites consistent with the rural character and rural development provisions outlined in the goals and policies of this comprehensive plan. Potential impacts to the surrounding area, critical areas, and water quality shall be addressed. These areas must be clearly identifiable as existing rural industrial developments or former industrial sites; where a logical boundary can be delineated and set by the built environment. Such a boundary shall not permit or encourage new industrial development outside of these boundaries.

(B) Uses appropriate for these areas include: industrial facilities and services; intensification of development on lots containing isolated nonresidential uses; agriculture; forestry; caretaker residence for industrial facilities; and natural resource support facilities and services. Additional uses may be considered with supplemental provisions. These provisions shall address performance standards, impacts to the surrounding area, and be consistent with the goals and policies of the comprehensive plan. Such uses may include: mineral resource activities.

(10) Rural Public Lands and Facilities (RP).

(A) Purpose. To provide open space, recreational opportunities, sites for necessary public facilities, utilities and services, and protection of critical areas. Encourage joint public/private ventures, where consistent with the rural development and rural character provisions, and goals and policies of this comprehensive plan.

(B) Uses appropriate for these areas include: public facilities and service; open space and developed open space; agriculture; and forestry. Additional uses may be considered with supplemental provisions. These provisions shall address performance standards, impacts to the surrounding area, and be consistent with the goals and policies of the comprehensive plan. Such uses may include: natural resource support facilities and services; mineral resource activities; intensification of existing or new development of small-scale recreational or tourist uses that rely on a rural location or setting but that do not include new residential development; and intensification of development on lots containing isolated nonresidential uses or new development of isolated cottage industries and isolated small-scale businesses that are not principally designed to serve the existing and projected rural population and nonresidential uses.

(11) Commercial Agricultural Lands (AC).

(A) Purpose. To assure the long-term conservation of commercial agricultural lands; to protect and preserve the farmers’ ability to farm; encourage existing and future agricultural land uses as a viable land use and a significant economic activity within the community; and, to protect agricultural land of long-term commercial significance not already characterized by urban development from encroachment and incompatible uses.

(B) Uses appropriate for these areas include: agriculture; open space; residential; and forestry. Additional uses may be considered with supplemental provisions. These provisions shall address performance standards, impacts to the surrounding area, and be consistent with the goals and policies of the comprehensive plan. Such uses may include: natural resource support facilities and services; mineral resource activities; intensification of existing small-scale recreational or tourist uses that rely upon a rural setting but that do not include a new residential component; intensification of development on lots containing existing isolated nonresidential uses; home occupations; bed and breakfasts; and community facilities.

(12) Commercial Forest Lands (FC).

(A) Purpose. To assure the long-term conservation of commercial forest lands; to preserve and encourage existing and future forest land uses as a viable, permanent land use and a significant economic activity within the community; and to protect forest lands of long-term commercial significance not already characterized by urban development from encroachment of incompatible uses.

(B) Uses appropriate for these areas include: forestry, open space; residential; and agriculture. Additional uses may be considered with supplemental provisions. These provisions shall address performance standards, impacts to the surrounding area, and be consistent with the goals and policies of the comprehensive plan. Such uses may include: natural resource support facilities a1nd services; mineral resource activities; intensification of existing development or the development of new small-scale recreational or tourist uses that rely upon a rural setting but that do not include new residential development; intensification of development on lots containing existing isolated nonresidential uses; home occupations; bed and breakfasts; and community facilities.

(13) Commercial Mineral Lands (MC).

(A) Purpose. To assure the long-term conservation of mineral resource lands; to recognize the local importance of protecting and preserving mineral lands as necessary to ensure the future supply of aggregate and mineral resource materials; and to conserve these resources with measures designed to prevent incompatible development in or adjacent to mineral resource lands, and to mitigate the impacts of mineral extraction activities on adjacent land uses.

(B) Uses appropriate for these areas include: mineral resource activities, forestry, and agriculture. Additional uses may be considered with supplemental provisions. These provisions shall address performance standards, impacts to the surrounding area, and be consistent with the goals and policies of the comprehensive plan. Such uses may include: natural resource support facilities and services.

(14) Icicle Valley Design Review Overlay District (IVOD).

(A) Purpose. The Icicle Valley design review overlay district is intended to provide for design and environmental review considerations as specifically outlined in Chapter 11.72, in conjunction with the standards and requirements of the underlying zoning district.

(15) Airport Overlay District (AOD).

(A) Purpose. The airport overlay district is intended to support the existing airports within Chelan County to maintain a sufficient level of service to meet the air traffic demands of the citizens of the county in a safe and efficient manner. It is the intent of the district to protect the airspace surrounding airports located within the county from airspace obstructions or hazards and to discourage the siting of incompatible uses that may endanger lives and property.

(16) Planned Unit Development District (PDD).

(A) Purpose. The planned unit development district is intended to allow flexibility in design and development that will result in a more desirable and efficient use of land. The district is also intended to promote a more economical and efficient use of the land, and encourage integrated and balanced development of mutually supportive uses that might otherwise be inharmonious. Conformance to the density limits and uses outlined in the underlying zone in which the PDD is located is required, as well as conformance with the goals, policies and intent of the comprehensive plan.

(17) Fish and Wildlife Habitat Overlay District (FWOD).

(A) Purpose. To identify and protect fish and wildlife habitat conservation areas as required by the Growth Management Act and to maintain the present high quality of Chelan County’s fish and wildlife habitat conservation areas. The intent of this district is also to protect the structure, value, and function of fish and wildlife habitat conservation areas. In order to protect and maintain fish and wildlife habitat conservation areas, the following fish and wildlife habitat functions shall be considered:

(i) Erosion control and shoreline stabilization;

(ii) Stream temperature control;

(iii) Water purification;

(iv) Water storage and conservation;

(v) Nutrient and food input to the aquatic system;

(vi) Instream structure by provision of large woody debris;

(vii) Moderate micro-climate;

(viii) Diverse and productive habitat for riparian and upland wildlife;

(ix) Habitat continuity and travel corridors for wildlife in a fragmented landscape;

(x) High fish and wildlife density and diversity;

(xi) Seasonal ranges;

(xii) Breeding habitat; and

(xiii) Food and cover.

(B) Fish and wildlife protection is also intended to mitigate impacts from development in fish and wildlife habitat conservation areas and to enhance fish and wildlife habitat for water quality, fish and wildlife. Mitigation measures may provide the opportunity to improve degraded fish and wildlife habitat conservation areas.

(18) Wetland Areas Overlay District (WOD).

(A) Purpose. To consider the function, value and uniqueness of wetlands and their buffer areas. Wetland functions include but are not limited to the reduction of erosion, siltation, flooding, ground and surface water pollution, and provide wildlife, plant and fisheries habitats. Wetland destruction or impairment may result in increased public and private costs or property losses. The protection measures are designed to protect designated wetlands based on function, overall uniqueness, value of the wetland and intensity of the proposed land use.

(B) The wetlands protection program for Chelan County is designed to reflect the following priority issues as a part of the overall goal:

(i) To strive for no net loss of the functions and values of regulated wetlands by mitigating for lost functions and values;

(ii) To avoid or minimize damage to regulated wetlands wherever possible;

(iii) To protect the public interest; and

(iv) To ensure protection of private property rights and avoidance of impacts to neighboring properties.

(19) Aquifer Recharge Areas Overlay District (AROD).

(A) Purpose. The availability of good quality, potable water is essential to the citizens of Chelan County in order to maintain a high quality of life. Identification and protection of aquifer recharge areas that are highly susceptible to potential contamination risks is essential in maintaining the quality of available potable water supplies. This district is intended to identify and protect areas vulnerable to contamination and protect potable groundwater supplies by reducing the possibility of groundwater contamination. Chapter 11.82 does not exempt uses and activities from any state or federal permits that may be required.

(20) Frequently Flooded Areas Overlay District (FFOD).

(A) Purpose. To protect the important hydrologic functions of the county’s one hundred-year floodplains, which include floodways and floodway fringe areas, in order to protect human health and safety and minimize damage to property.

(21) Geologically Hazardous Areas Overlay District (GHOD).

(A) Purpose. Certain portions of the county are characterized by geologic hazards that may pose a risk to public and private property, human life and safety and the natural systems that make up the environment of the county. These lands are affected by natural processes that make them susceptible to landslides, erosion, earthquake, or snow avalanche. The intent of Chapter 11.86 is to reduce the threat posed to public health, safety, and general welfare of Chelan County residents when residential, commercial, or industrial development is located in areas susceptible to geologic hazard events. Some geological hazards can be reduced or mitigated by engineering, design, or modified construction so that risks to health and safety are acceptable. When technology cannot reduce risks to acceptable levels, building in geologically hazardous areas is best avoided. (Res. 2011-86 (Att. A) (part), 10/4/11; Res. 2007-104, 7/10/07; Res. 2006-114 (part), 8/29/06; Res. 2004-16, 1/27/04; Res. 2004-12 (part), 1/27/04; Res. 2000-129 (part), 10/17/00).

11.06.030 Map of zoning districts.

(1) Adoption, Changes, Filing.

(A) The zoning districts set forth in this title, together with the zoning districts within the urban growth areas for the cities of Cashmere, Chelan, Entiat, Leavenworth and Wenatchee, are shown on the official zoning maps, together with all the explanatory material thereon, as adopted by Resolution 2017-119. The zoning maps and the explanatory material adopted by Resolution 2017- 119, and as amended, are hereby declared to be part of this title.

(B) The official zoning maps for the unincorporated portions of Chelan County shall be maintained in the Chelan County community development department.

(C) 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 Chelan County shall be the final authority as to the current zoning status of land.

(D) When, in accordance with the provisions of this title and Chapter 36.70A RCW, changes are made in zoning district boundaries, such changes shall be made on the official zoning map promptly after the amendment has been approved.

(E) No changes shall be made to the official zoning map except in conformity with the procedures set forth in this title and Title 14, Development Permit Procedures and Regulations. Any unauthorized change by any person or persons shall be considered a violation of Chapter 11.96, and punishable as provided by law. (Res. 2017-119 (Att. B) (part), 12/19/17: Res. 2002-18 (part), 1/15/02; Res. 2000-129 (part), 10/17/00).

11.06.040 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 centerlines of streets, highways, or alleys shall be construed to follow such 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 urban growth areas shall be construed as following city limits or urban growth areas;

(4) Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;

(5) Boundaries indicated as following floodways and other flood prone areas, steep slopes, critical areas or shorelines shall be construed to follow such floodways and other flood prone areas, steep slopes, critical areas or shorelines, the planning commission or board may initiate a map amendment to adjust the boundary according to actual physical location;

(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 (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 (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 Title 14. (Res. 2000-129 (part), 10/17/00).