Chapter 17A.400
OVERLAYS – WATER AVAILABILITY STUDY AREAS
Sections:
17A.400.010 Purpose of classification.
17A.400.060 Lot area and width.
17A.400.080 Property line setbacks.
17A.400.120 Special provisions.
17A.400.130 Adopted water availability study areas.
17A.400.010 Purpose of classification.
The purpose of this chapter is to develop a process for applying overlays to an underlying zoning district to impose special restrictions or processes as a result of information or a recognized lack of information regarding water available for potable water supplies. (Ord. 2018-10 (Att. 1), 2018).
17A.400.020 Authority.
In response to the Whatcom-Hirst decision, 186 Wn.2d 648, 381 P.3d 1 (2016), Okanogan County has assumed greater responsibility in determining the legal and physical availability of groundwater drawn from permit exempt wells as defined in RCW 90.44.050 for use as a potable water supply for building applications in accordance with RCW 19.27.097 and subdivision applications in accordance with RCW 58.17.110. All decisions made regarding the availability of groundwater through permit exempt wells will be determined in accordance with the applicable in-stream flow rule as current or hereinafter amended and/or ESSB 6091. (Ord. 2018-10 (Att. 1), 2018).
17A.400.030 Permitted uses.
Permitted uses are as indicated on the district use chart (see Chapter 17A.220 OCC) for the underlying zone. (Ord. 2018-10 (Att. 1), 2018).
17A.400.040 Conditional uses.
Conditional uses are as indicated on the district use chart (see Chapter 17A.220 OCC) for the underlying zone. (Ord. 2018-10 (Att. 1), 2018).
17A.400.050 Accessory uses.
Accessory uses are as follows:
A. Normal accessory uses customary and incidental to the permitted and/or conditional use of the property. (Ord. 2018-10 (Att. 1), 2018).
17A.400.060 Lot area and width.
Lot area and width requirements are as indicated by the underlying zone. (Ord. 2018-10 (Att. 1), 2018).
17A.400.070 Density.
Density restrictions are as indicated by the underlying zone. (Ord. 2018-10 (Att. 1), 2018).
17A.400.080 Property line setbacks.
Property line setbacks are as indicated by the underlying zone. (Ord. 2018-10 (Att. 1), 2018).
17A.400.090 Height.
Height restrictions are as indicated by the underlying zone. (Ord. 2018-10 (Att. 1), 2018).
17A.400.100 Lot coverage.
Lot coverage is as indicated by the underlying zone. (Ord. 2018-10 (Att. 1), 2018).
17A.400.110 Parking.
Parking requirements are as indicated in Chapter 17A.240 OCC. (Ord. 2018-10 (Att. 1), 2018).
17A.400.120 Special provisions.
A. Adoption Criteria. A water availability study overlay may be adopted by the Okanogan board of county commissioners, upon their findings that sufficient information is known to support the conclusion that inadequate water supplies exist to support additional density or intensity of uses that require potable water supplies; or that insufficient information exists to support the approval of subdivisions or other land use activities that require potable water supplies provided through groundwater withdrawals from wells permitted in accordance with RCW 90.44.050.
B. Boundaries. The boundary of a water availability study area adopted pursuant to this chapter will be adopted onto the Okanogan County zone map by ordinance of the board of county commissioners. The boundaries of all water availability study areas will follow the boundaries of basins and/or sub-basin(s) as depicted on the National Watershed Boundary Dataset as published on December 16, 2015, or the closed portions of basins identified in WAC 173-548-050 as further depicted on the basin closure maps provided by the Department of Ecology.
C. The ordinance adopting any water availability study area will describe the scope of work for the study including checkpoints for monitoring the progress of the study.
D. Divisions of Land. No applications for the division of land pursuant to OCC Title 16, including subdivisions, short subdivisions, large lot segregations, binding site plans, and exempt divisions in OCC 16.04.070, will be approved for property located in an overlay zone except for:
1. Public purpose segregations for which no potable water supply is required.
2. Divisions made by testamentary provisions, or the laws of descent in accordance with RCW 58.17.040.
3. Divisions made for purposes of separating land on which a residential structure(s) currently exists to allow the recording of covenants, conditions, and restrictions or a conservation easement which prevents the construction of new residences on the parcel created through the land division process.
4. Divisions where the applicant can demonstrate appropriate provisions for potable water supplies by a water right permit or certificate approved for such purposes by the Department of Ecology, including approval of any changes, transfers, administrative divisions, or other amendments to the water right for consistency with the proposed division.
5. Divisions made where potable water supplies will be provided by an approved water purveyor or municipal system.
6. Divisions where the applicant can demonstrate mitigation measures that offset the consumptive use. Mitigation plans shall be reviewed and approved by the county, consistent with professional standards, established Department of Ecology guidance and policy documents, and best management practices. Mitigation plans must not conflict with the intent of Chapter 173-548 WAC, Methow instream flow rule, and Chapter 173-549 WAC, Okanogan instream flow rule, as currently adopted and/or updated in accordance with Chapter 90.94 RCW. Examples of mitigation measures may include but not be limited to water banking, use of storage, groundwater recharge, cisterns, etc.
E. Building Permits. Building permits for residential structures may be issued in an adopted water availability study area when:
1. The application does not propose to use a permit exempt well as defined in RCW 90.44.050 as the source of potable water; or
2. The use of a permit exempt well as defined in RCW 90.44.050 as the source of potable water has been approved in accordance with the applicable in-stream flow rule as current or hereinafter amended and/or ESSB 6091.
F. Two-Year Review. A water availability study area adopted in accordance with the provisions of this chapter shall expire two years after the date of adoption unless extended by ordinance of the legislative authority of Okanogan County adopted following a public hearing regarding the proposed extension, provided: the ordinance extending the duration of the study area shall include findings that state:
1. Substantial progress has been made in accomplishing the adopted scope of work; and
2. The extension is necessary to accomplish work that has been identified as necessary to complete the study; and
3. The necessary resources to complete the work have been budgeted or a source of the necessary resources has been identified and application made to utilize the resources. (Ord. 2019-8 (Att. A), 2019; Ord. 2018-10 (Att. 1), 2018).
17A.400.130 Adopted water availability study areas.
Upper Tunk Creek, Lower Tunk Creek, and Tamarak Spring HUC 12 boundaries. (Ord. 2019-1 (Att. A), 2019; Ord. 2018-10 (Att. 1), 2018).
17A.400.140 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. 2018-10 (Att. 1), 2018).