Chapter 18.11 GENERAL USE REGULATIONS*

Chapter 18.11
GENERAL USE REGULATIONS*

Sections:

18.11.010 Permitted uses.

18.11.020 Accessory uses.

18.11.030 Prohibited uses.

18.11.040 Temporary uses.

18.11.045 Illegal uses prohibited.

18.11.050 District use chart.

* Conditional Uses: refer to Chapter 18.50

* Nonconforming Uses: refer to Chapter 18.52

18.11.010 Permitted uses.

(a) Those uses listed within the various use districts as indicated in Table 1, Chapter 18.16 shall be permitted outright with no special zoning permits; the decision as to whether a proposed use conforms with the purpose and intent of those uses shall rest with the administrator.

(b) Lot Width Exemption. A single-unit detached dwelling may be allowed on any lot of fifty feet in width or greater in areas platted before January 8, 1962 and on any lot of sixty feet wide or greater in areas platted thereafter.

(d) Housing for Persons with Functional Disabilities. When housing facilities for people with functional disabilities are allowed as a permitted accessory or conditional use within any zoning district, they must provide documentation that the proposed use is in compliance with RCW 70.128 or is exempt from said requirements.

(e) In the residential (RS, RD and RM) districts, travel trailers, boats, campers, and similar equipment may be stored on the premises if such storage is determined by the administrator not to be detrimental to surrounding properties, that are off-street and do not create a nuisance or public health/safety problem.

(f) Day-care centers in a residential (RS, RD, RM) district must be the responsibility of a family day-care provider (Section 18.08.132). (Ord. 1286 (part), 1995).

18.11.020 Accessory uses.

(a) General. These uses shall be limited to those normally found in conjunction with one of the primary permitted uses and are allowed outright but only in conjunction with an existing, permitted use.

(b) Accessory Buildings. These buildings shall not exceed the allowable height as defined in Section 18.16.020 for each applicable zoning district. The location of a detached accessory building shall generally be located in the rear yard of the lot, and shall not project beyond the minimum front yard setback as defined in Section 18.16.020 for each applicable zoning district.

(c) Accessory Dwellings. Accessory dwellings shall be permitted subject to Section 18.11.050, District use chart, and Section 18.16.124. (Ord. 1896 § 1, 2020).

18.11.030 Prohibited uses.

(a) General. Those uses listed within the various use districts shall be prohibited as indicated in the general use chart, or as designated elsewhere in this title.

(b) Mobile homes, as defined in Chapter 18.08, are considered nonconforming structures and shall not be relocated or brought into the community unless allowed under the conditions of an existing approved mobile/manufactured home park.

(d) Outside storage of commercial vehicles is prohibited in the PU, RS and RD districts. Conditional use permits are required in all other districts.

(e) Poultry and livestock rearing for commercial purposes, and retail sale of produce are prohibited except in the LI and HI districts and in the AI district with a conditional use permit. (Ord. 1877 § 5, 2019; Ord. 1286 (part), 1995).

18.11.040 Temporary uses.

The administrator is authorized to approve the following temporary uses:

(a) Contractor’s offices and equipment storage on the premises of a construction project, which are not to exceed one year or not to exceed the period of construction.

(b) Circuses, Carnivals and Tent Shows. Subject to approval of the council, circuses, carnivals, and other tent shows may be allowed in the CB, PS, HB and LI districts for a specific period of time. (Ord. 1286 (part), 1995).

18.11.045 Illegal uses prohibited.

(a) General. No use that is illegal under local, state or federal law shall be allowed in any zone within the city.

(b) Specific Application—Medical Marijuana Dispensaries and Collective Gardens. Until such time that this code is amended to provide specific provisions and land use controls allowing and regulating dispensaries of cannabis and/or collective gardens for the production, distribution and dispensing of cannabis for medical uses, all as further defined and set forth in Chapter 69.51A RCW and E2SSB 5073, Laws of 2011 of the State of Washington, such uses are not allowed in any zone within the city. For purposes of this section, “dispensary” means any person, entity, site, location, facility, business, cooperative, collective, whether for profit or not-for-profit, that distributes, sells, dispenses, transmits, packages, measures, labels, selects, processes, delivers, exchanges or gives away cannabis for medicinal or other purposes. (Ord. 1756 § 2, 2013).

18.11.050 District use chart.

The district use chart (Chart 1.0) provides a detailed list of uses and identifies the conditions for their implementation within the city of Omak. Please note that this chart does not provide all requirements for all uses within the various districts including those additional restrictions of district overlays.

Chart 1.0

DISTRICT USE CHART
Abbreviations: blank = Allowed Use SPD = Single Use Planned Development10 CUP = Conditional Development X = Prohibited Use BSP = Binding Site Plan
Type of Use	RS Residential Single Unit	RD Residential Duplex	RM Residential Multi-Unit	CB Central Business District	PS Planned Shopping District	HB Highway Business	AI Airport Industrial	CI Commercial Industrial	LI Light Industrial	HI Heavy Industrial	PU Public Use
Accessory Dwelling Unit18							CUP		CUP	CUP	X
Adult Entertainment Uses	X	X	X	X	X	CUP13	X	CUP13	CUP13	X	X
Adult Family Home
Adult Residential Facility	X	CUP	CUP	CUP	CUP	CUP	X		X	X	X
Advertising Devices (signs)2											CUP
Agricultural Building	X	X	X	X	X	X	CUP	X	CUP	CUP	X
Agricultural Farms	X	X	X	X	X	X	CUP	X			X
Agricultural Market	X	X	CUP	X		X	CUP	X			CUP
Agriculture-Related Industries	X	X	X	X	X	X	CUP	X	CUP		X
Aircraft Parts, Sales and Manufacture	X	X	X	X	X	X		CUP11	12		X
Aircraft Repair/Salvage	X	X	X	X	X	X		CUP11	CUP12		X
Airports and Landing Fields	X	X	X	X	X	X		X	CUP12	CUP	CUP
Air Terminals	X	X	X	X	X	X		X	CUP12	CUP	CUP
Alcohol, Retail Sales	X	X	X				X			X	X
Amusement Park/Zoo	X	X	X	X	X	X	X	X	X	X	CUP
Animal Auctions—Commercial	X	X	X	X	X	X	X	X	CUP12		X
Animal Hospital/Clinic	X	X	CUP	CUP	CUP	CUP	X	CUP			X
Animal Shelter	X	X	X	X	X	CUP	X	CUP			CUP
Antique/Gift, Retail	X	X	CUP				X				X
Art Galleries	X	X	CUP				X				CUP
Art Supply, Retail	X	X	CUP				X				X
Asphalt Plant	X	X	X	X	X	X	X	X	CUP12		X
Assembly of Machines/ Appliances, Prefab Parts	X	X	X	X	X	X	CUP	CUP11	12		X
Automobile/Car Wash	X	X	X	X			CUP				X
Automobile Parking, Commercial	X	X					CUP				CUP
Automobile Sales	X	X	X	X	CUP		X				X
Automobile Wrecking	X	X	X	X	X	X	X	X	CUP12		X
Auto Repair, Minor	X	X	X	CUP	CUP		X				X
Bakery Shops3	X	X	CUP				X				X
Barber/Beauty Salon3	X	X	X				X				X
Bed & Breakfast	CUP	CUP	CUP	1	1	1	X1, 14	1	1	1	X1
Beverage Bottling Plant	X	X	X	X	X	X	X	CUP11	CUP12		X
Beverage Industries	X	X	X	17	17	17	X				X
Bicycles Sales/Repair3	X	X	CUP				X				X
Blacksmith or Horseshoeing	X	X	X	X	X	X	X	CUP11	12		X
Blueprinting, Photostating Services	X	X	X				CUP				X
Boarding, Lodging, or Rooming House	X	CUP	CUP		X		X				X
Boat Building	X	X	X	X	X	X	X	CUP11	CUP12		X
Boat Sales/Repair	X	X	X	X	CUP		X				X
Book Bindery	X	X	X	X	X	X	X	11	12		X
Book/Stationery Stores	X	X	CUP				X				X
Bus Repair/Storage Terminals	X	X	X	X	X	X		CUP11	12		CUP
Bus Terminals, Passenger	X	X	CUP	CUP	CUP		CUP				CUP
Campgrounds	X	X	X	X	X	BSP	BSP	BSP	BSP	BSP	BSP
Carpet Cleaning Business3	X	X	X				X				X
Catering Business3	X	X	CUP				X				X
Cement/Concrete Plants	X	X	X	X	X	X	X	X	CUP12		X
Cemeteries	X	X	CUP	X	X	CUP		CUP	CUP	X	CUP
Child Care Home, Family	9	9	9				X14			X	CUP
Child Day Care Center	X	CUP	CUP	CUP	CUP		X14		CUP	X	CUP
Churches, Temples, Synagogues	CUP	CUP	CUP		SPD	CUP	X	CUP			X
Clinics, Medical and Dental	X	X	CUP				X				SPD
Clothing Manufacture	X	X	X	X	X	X	X	11	CUP12		X
Clothing Sales, Retail	X	X	X				X				X
Cold Storage Plants	X	X	X	X	X	X	CUP	CUP11	12		X
Coliseums, Stadiums	X	X	X	X	X	CUP	X	CUP	SPD	SPD	CUP
Colleges and Trade Schools, Nonresident	X	X	CUP	CUP	CUP		X		CUP		SPD
Commercial Recreation	X	X	CUP			CUP	X	CUP			CUP
Community Center, Meeting Hall, Fraternal Organization	X	X	CUP		CUP		X				CUP
Condominiums	X	SPD	SPD	SPD	SPD	SPD	X14	SPD	SPD	SPD	X
Contractors Plants, Storage Yards	X	X	X	X	X	X	CUP	X	12		X
Contract Truck Hauling	X	X	X	X	X	X	CUP	X	12		X
Convalescent, Nursing Home	X	CUP		X	X		X			X	X
Correctional Institutions	X	X	SPD	X	X	CUP	X	CUP	CUP	CUP	SPD
Crematories	X	X	X	X	X	CUP	X	CUP	CUP		CUP
Department/Variety Stores	X	X	X				X				X
Domestic Farm Animals (see Title 6)	X	X	X	X	X	X	CUP	X			X
Drinking Establishment, Alcohol	X	X	X			CUP	CUP	CUP			X
Drive-In Windows, Accessory	X	X	X				X				X
Drugstores	X	X	CUP				X				X
Dry Cleaning, Commercial	X	X	CUP				X				X
Dwellings, Multi-Unit	X	SPD		SPD	SPD		X	SPD	SPD	X	X
Dwellings, Single-Unit	4	4	4	X5	X5	4	X14	X5	X5	X5	X5
Dwellings, Two-Unit	CUP4	4	4	X5	X5	CUP4	X	X5	X5	X5	X5
Electric Components, Manufacture	X	X	X	X	X	X	CUP	CUP11	CUP12		X
Electric Light/Power Distribution Station	X	X	X	X	X	X	X	CUP11	12		CUP
Employment Agencies	X	X	X				X				CUP
Engineer, Medical and Scientific Instruments, Manufacture	X	X	X	X	X	X	CUP	CUP11	CUP12		X
Fabricated Structural Metal Products	X	X	X	X	X	X	CUP	CUP11	12		X
Fabric Stores	X	X	X				X				X
Farm Supplies, Retail3	X	X	X				X				X
Farm Supplies, Bulk or Wholesale	X	X	X	X	CUP	CUP	X	CUP11	12		X
Finance and Loan Companies	X	X					X				X
Fire/Police Stations	CUP	CUP	CUP	CUP	CUP	CUP	CUP	CUP			X
Florist, Retail	X	X	X				X				X
Food Processing, On-Site Sales	X	X	X	CUP	CUP	CUP	X	CUP11	12		X
Frozen Food Lockers	X	X	CUP	CUP			X				X
Fuel, Oil, etc., Distributors, Bulk	X	X	X	X	X	X	X	X	CUP12		X
Funeral Homes	CUP	CUP	CUP	CUP	SPD	CUP	X	CUP			X
Furniture Sales, Retail	X	X	X				X				X
Furniture, Cabinet Shops3	X	X	X	CUP			X				X
Game/Card Rooms, Video Games	X	X	X		CUP	CUP	X	CUP	X	X	X
Gas Stations	X	X	X	CUP			CUP				X
Gases in approved metal cylinders, storage/sales	X	X	X	CUP	CUP	CUP	CUP	CUP11	12		X
Glass, Pottery Stores	X	X	X				X				X
Gravel Pits	X	X	X	X	X	X	CUP	X	CUP12	CUP	CUP
Greenways and Multi-Use Trails							CUP
Grocery Store	X	X	X				X				X
Group Homes	CUP	CUP	CUP	X	X	CUP	X	CUP	CUP	CUP	CUP
Gyms, Exercise Facilities, Spas, Commercial	X	X	CUP				X				CUP
Halfway Houses	CUP	CUP	CUP	CUP	CUP	CUP	X	CUP	CUP	CUP	CUP
Hardware Stores	X	X	X				X				X
Hazardous Materials, Manufacture, Processing, Storage	X	X	X	X	X	X	X	X	CUP12	CUP	CUP
Hazardous Waste, Treatment and/or Storage6	X	X	CUP	CUP	CUP	CUP	CUP	CUP11	CUP12	CUP	CUP
Heli Pad	X	X	X	X	X	CUP		CUP11	CUP12	CUP	CUP
Heli Port	X	X	X	X	X	X		CUP11	CUP12	CUP	CUP
Hospitals	X	CUP	CUP	CUP	CUP	CUP	X	CUP	SPD	CUP	SPD
Hotels, Motels, Inns	X	X	SPD				CUP				X
Housing for People with Functional Disabilities	5	5	4	CUP4	CUP4	CUP4	X	CUP4	CUP4	CUP4	CUP4
Insulation Material Manufacture	X	X	X	X	X	X	X	CUP11	CUP12		X
Insurance Agencies3	X	X	CUP				X				X
Jewelry, Watches, Retail Sales/Repair	X	X	X				X				X
Junk Yards/Auto Wrecking	X	X	X	X	X	X	X	X	CUP12	CUP	X
Kennels	X	X	X	X	X	CUP	X	CUP11	12		X
Laboratories, Research & Testing	X	X	X	X	X	X	CUP	11	12		X
Laundries, Laundromats	X	CUP	CUP				CUP				X
Land Fills—Reclamation Using Earth & Fill (Doesn’t Include Sanitary Landfills)	CUP	CUP	CUP	CUP	CUP	CUP	CUP	CUP11	CUP12	CUP	CUP
Leather Goods, Manufacture	X	X	X	CUP	CUP	CUP	X	CUP11	12		X
Libraries, Museums	X	X					X
Locks and Gunsmiths3	X	X	X				CUP				X
Lumber Yards, Building Materials, Storage and Sales	X	X	X	X			X	11	12		X
Machine Shops	X	X	X	X	CUP		CUP	CUP11	12		X
Machine Tool, Manufacture	X	X	X	X	X	X	CUP	11			X
Manufactured Home7	4	4	4	X	X	X	X	X	X	X	X
Manufactured Home Parks	X	BSP	BSP	X	X	BSP	SPD14	BSP	BSP	X	X
Manufacturing of Chemicals	X	X	X	X	X	X	X	CUP11	CUP		X
Mausoleums	X	X	X	X	X	CUP	X	CUP	CUP		CUP
Microbrewery20	X	X	X				X		X	X	X
Microwave Relay Stations	X	X	X	CUP	X	X	X	X			X
Miniature Golf/Driving Range	X	X	X	X	CUP	CUP	X	CUP			CUP
Mobile Home7	X	X	X	X	X	X	X	X	X	X	X
Mobile/Manufactured Home Sales	X	X	X	X		CUP	X	CUP			X
Modular/Factory-Built Home	4	4	4	X	X	X	X	X	X	X	X
Motorcycle Sales/Repair	X	X	X	CUP			X				X
Music Stores	X	X	CUP				X				X
Nanobrewery20	X	X	X				X				X
Nursery, Retail	X	X	X	CUP			X				X
Nursery, Landscape Materials	X	X	X	CUP	CUP		X				X
Office Buildings	X	X	CUP				CUP		CUP	CUP
Office Equipment, Sales and Service3	X	X	X				X				X
Optical, Musical Instrument Sales	X	X	X				X				X
Outside Storage of Commercial Vehicles (Section 18.11.030(d))	X	X	CUP	CUP	CUP	CUP	CUP	CUP	CUP	CUP	X
Outside Storage of Inoperable Vehicles and Appliances (Section 18.11.030(c))	X	X	X	X	X	X	X	X	X	X	X
Outdoor Mobile Vendors19	X	X	X	CUP	CUP	CUP	X				X
Overnight Rentals and Single Unit Tourist	CUP	CUP	CUP				X14				X
Paint, Glass, Wallpaper Sales	X	X	X				X				X
Parks, Nonprofit Recreational Uses				CUP	CUP		CUP
Pawn Shops	X	X	X				X				X
Pet Shops	X	X	X				X				X
Pharmaceutical, Manufacture	X	X	X	X	X	X	CUP	CUP11	CUP12		X
Photographic Studios3	X	X	X				X				X
Picobrewery20	21	21	21				X				X
Planing/Saw Mills	X	X	X	X	X	X	X	X	CUP12		X
Plumbing Shop	X	X	X	CUP	CUP		X				X
Preschool, Private	X	CUP	CUP		CUP	CUP	X	CUP			CUP
Printing/Publishing	X	X	X				CUP				X
Public and Private Schools	CUP	CUP	CUP	CUP	CUP		X14
Public Transit Shelter	CUP	CUP	CUP				CUP
Public Utility Installations	CUP16	CUP16	CUP16				CUP14				CUP
Public Utility Service and Storage Area	X	X	X	X	X	CUP	CUP14	CUP			CUP
Radio Antennas, Radio Stations							X
Radio, Television, Retail Sales/Service	X	X	X				X				X
Real Estate Offices	X	X	CUP				X				X
Recycling Centers	X	X	X	CUP	CUP		CUP	CUP11	12		CUP
Recycling Drop-off Stations (Enclosed)	X	X	CUP	CUP	CUP		CUP				CUP
Rental—Autos and Trucks	X	X	X	CUP	CUP		CUP				X
Rental—Heavy Equipment	X	X	X	X	X	CUP	CUP	CUP			X
Rental—Small Tools, Garden Equipment, Sporting Goods	X	X	X				CUP				X
Repair/Service—Industrial Equipment	X	X	X	X	X	CUP	CUP	CUP11	12		X
Repair/Service, Office and Household Items3	X	X	X				CUP				X
Repairs—Upholstery, Furniture3	X	X	X	CUP			CUP				X
Repairs—Small Engine, Garden Equipment	X	X	X	CUP			CUP				X
Restaurants, Cafes	X	X	CUP				CUP				CUP
Retirement Homes	X	X	CUP	X	X	X	X	X			SPD
Rodeo/Fairgrounds	X	X	X	X	X	CUP	X	CUP			SPD
Sheet Metal Shops	X	X	X	X	X	CUP	CUP	CUP11	12		X
Shoe Repair/Shine3	X	X	CUP				CUP				X
Sign Manufacture, Painting, Service	X	X	X	CUP	CUP		CUP	CUP11	12		X
Skating Rinks—Commercial	X	X	X	CUP	CUP		X				CUP
Sporting Goods Sales	X	X	X				X				X
Stone Cutting, Monument Manufacture	X	X	X	X	X	CUP	X	CUP11	12		X
Storage, Commercial (Mini Storage)	X	X	X	CUP	X	CUP	X	CUP	CUP		X
Storage Containers	X	X		X
Storage Facility, Bulk	X	X	X	X	X	X	CUP9, 14	CUP11	CUP12		X
Supported Living Arrangements	CUP			CUP1	CUP1	CUP1	X1	CUP1	CUP1	CUP1	X1
Swimming Pools, Public	X	CUP	CUP	CUP	CUP		X		CUP	CUP	CUP
Swimming Pools, Outdoor Private				CUP1	CUP1	CUP1	X1	CUP1	CUP1	CUP1	X1
Tailors, Dressmakers, Milliners3	X	X	CUP				X				X
Taxi Terminals/Dispatch	X	X	X	CUP	CUP			11	12		X
Taxidermist3	X	X	CUP	CUP	CUP		X				X
Temporary Buildings	CUP	CUP	CUP	CUP	CUP	CUP	CUP	CUP11	CUP12	CUP	CUP
Textile Manufacture	X	X	X	X	X	X	CUP	CUP11	CUP12		X
Theaters and Similar Indoor Structures	X	X	X				X				X
Tire Recapping & Retreading	X	X	X	X	CUP		X	CUP11	12		X
Toy, Hobby, Variety Shops	X	X	X				CUP				X
Trailer Parks—Commercial (RV)	X	X	X	X	BSP	BSP	BSP	BSP	BSP	BSP	BSP
Truck Terminals, Repair, Storage	X	X	X	X	X	CUP	CUP	CUP11	12		CUP
Upholstery, Decorator Shops, Retail3	X	X	X				X				X
Used Car Lots	X	X	X	X	CUP		CUP				X
Waste (Nonhazardous) Materials Processing, Handling	X	X	X	X	X	X	X	X	12		X
Wholesale Trade	X	X	X	X	X	CUP	CUP	CUP11	12		X
Woodworking Shops, Millwork	X	X	X	CUP	CUP		X	CUP11	12		X
Youth Residential Facility	X	CUP	CUP		X	CUP	X		X	X	X

1 = Only allowed in association with existing residences.

2 = Refer to the Omak sign ordinance.

3 = Allowed upon issuance of a home business permit.

4 = Must comply with Section 18.16.080, except on the Colville Reservation and in approved manufactured home parks.

5 = Only existing residences allowed.

6 = Allowed only as accessory use to permitted or conditional use.

7 = Permitted under conditions of an approved manufactured home park.

8 = Airport related uses allowed.

9 = Requires a licensed family day care provider (ref. Section 18.08.132).

10 = Unless use is developed as part of a mixed use planned development.

11 = Allowed and conditional industrial uses must be compatible with the purpose statement found in Section 18.33.010.

12 = Allowed and conditional industrial uses must be compatible with the purpose statement found in Section 18.34.010.

13 = Must comply with locational standards and regulations contained in Section 18.50.180.

14 = Refer to Section 18.11.030, Prohibited uses.

15 = Must comply with the development standards for the residential multifamily district set forth in Chapter 18.16, Table 1.0.

16 = Applies only to new or significant expansion of existing installations.

17 = Beverage industries with capacities exceeding “microbreweries” shall be required to obtain a conditional use permit.

18 = Subject to the requirements of Section 18.16.124 and limited to second story or above in the CB, PS and HB zones.

19 = Requires CUP where listed unless use is accessory to an existing permitted use. All outdoor mobile vendors are subject to the requirements of Section 18.16.126.

20 = Subject to licensing and requirements of the WSLCB.

21 = Subject to conditions listed in Section 18.16.030(b)(3).

(Ord. 1932 § 1 (Exh. A), 2024; Ord. 1930 § 1 (Exh. A), 2023; Ord. 1877 § 13, 2019; Ord. 1667 § 17, 2010; Ord. 1519 §§ 1, 2, 2004; Ord. 1358 § 7, 1997; Ord. 1344 § 1 (part), 1997: Ord. 1310 § 2, 1996; Ord. 1286 (part), 1995.)