Chapter 18.16
GENERAL DISTRICT REGULATIONS
Sections:
18.16.020 General development standards.
18.16.023 Lot size regulations.
18.16.070 Automobile parking and loading.
18.16.080 Single-family dwellings and duplexes.
18.16.090 Clear vision requirements.
18.16.112 Performance standards.
18.16.118 Recreational vehicles.
18.16.122 Accessory structures.
18.16.124 Accessory dwelling units.
18.16.126 Outdoor mobile vendors.
18.16.010 Intent.
The purpose of the general district regulations is to provide a general, concise reference to requirements that are common to many different zoning districts, thereby providing a more efficient utilization of this title. (Ord. 1286 (part), 1995).
18.16.015 Building codes.
In accordance with the standards and definitions contained in this title, all structures built subsequent to the effective date of the ordinance codified in this title must meet the requirements described and adopted in Chapter 14.12 as the same exists now or may be hereafter amended, except that structures that are not built on site shall comply with the provisions of this title and applicable state laws. (Ord. 1877 § 7, 2019).
18.16.020 General development standards.
General development standards including setbacks, unit size, building height, lot size, lot coverage, and density for all districts are listed below in Table 1.0. Additional specific development standards may be listed within Chapters 18.20 through 18.40.
|
DISTRICT |
Residential Single Unit |
Residential Duplex |
Residential Multi Unit |
Central Business |
Planned Shopping |
Highway Business |
Commercial Industrial |
Light Industrial |
Highway Industrial |
UNITS |
|---|---|---|---|---|---|---|---|---|---|---|
|
Setback: front |
20 |
20 |
20 |
0 |
0 |
0 |
15 |
15 |
15 |
feet |
|
Setback: side, interior |
5 |
5 |
c |
0f |
0f |
0f |
10h |
10h |
10h |
feet |
|
Setback: side, street |
15 |
15 |
15 |
0 |
0 |
0 |
10 |
10 |
10 |
feet |
|
Setback: rear, main building |
20 |
20 |
20 |
8g |
8g |
8g |
10h |
10h |
10h |
feet |
|
Setback: rear, accessory building |
5 |
5 |
5 |
8g |
8g |
8g |
10h |
10h |
10h |
feet |
|
Minimum unit size |
500 |
500 |
320 |
320e |
320e |
320e |
320e |
320e |
320e |
square feet |
|
Maximum building height |
35 |
35 |
45 |
50 |
50 |
50 |
50 |
50 |
50 |
feet |
|
Minimum lot size |
6000a |
6000 |
b |
0 |
5000 |
0 |
0 |
0 |
0 |
square feet |
|
Maximum building coverage |
45 |
45d |
45d |
— |
60 |
— |
— |
— |
— |
percent of area |
|
Allowed density |
6 |
10 |
36 |
— |
— |
— |
— |
— |
— |
units per acre |
* Except AI—Airport Industrial (Chapter 18.38) and PU—Public Use (Chapter 18.40) districts. Refer to their respective sections.
a Except a single unit (detached) dwelling may be allowed on any lot of fifty feet in width in areas platted before January 8, 1962, and on any lot of sixty feet wide in areas platted thereafter.
b Minimum Lot Sizes. Single-unit dwelling: 6,000 sf. Duplexes: 8,000 sf. Apartment buildings: 6,000 sf. plus 1,000 sf. for each additional unit over six. All other uses: 10,000 sf.
c 10 ft. when abutting an RS, or RD district; 5 ft. when abutting a CB, HB, PS, LI, HI, or AI district; no setback when abutting PU or other RM properties.
d Unless the required off-street parking is under cover, then the building coverage may be increased to sixty percent.
e Limited to second story or above residential uses unless part of an approved multifamily or mixed use complex.
f 10 ft. when abutting an RS, RM, or RD district.
g 12 ft. when abutting an RS, RM, or RD district.
h 20 ft. when abutting an RS, RM, or RD district.
(Ord. 1896 § 2, 2020).
18.16.023 Lot size regulations.
(a) No yard shall be reduced in size so as to make it smaller than the minimum dimensions required by this title.
(1) Exemption Due to Adjacent Structures. The front yard may be reduced if there are structures on both abutting lots with front yards that are less than the required width, provided the front yard of the subject property does not exceed the average front yards of the abutting lots. If there is a structure on one abutting lot with a front yard of less than the depth required, the front yard for the lot need not exceed a depth halfway between the depth of the front yard of the abutting lot and the required front yard depth.
(2) Projections. No portion of any building or structure shall project onto any required yards with the exception of landscaping structures and unroofed stairways and steps. (Ord. 1286 (part), 1995).
18.16.027 Height regulations.
(a) General Exceptions. The following types of structures are not subject to the building height limitations of this title: elevated tanks, church spires, belfries, domes, monuments, transmission towers, smoke stacks, radio and television towers or aerials, and other similar structures.
(b) Fences not over forty-two inches in height may occupy a front yard except that fences of chain link without weaving may not exceed forty-eight inches. (Ord. 1667 § 15, 2010; Ord. 1286 (part), 1995).
18.16.030 Home businesses.
(a) Home businesses are allowed in all districts unless restricted otherwise and must obtain a business license issued under Chapter 4.20.
(b) Allowed Businesses. Home businesses may include personal specialty business (including professional services), offices, repair shops for household items, manufacture or assembly of small items, and similar uses.
(1) Prohibited Home Businesses. Businesses such as veterinary offices and clinics, hospitals, mortuaries, major and/or minor automobile repairs, restaurants, stables and kennels are prohibited.
(2) Activities not specifically listed in subsection (B) of this section will be addressed on an individual basis as to suitability, impact and conformity with the neighborhood. The planning commission will make a case by case finding as to whether or not the business will be allowed.
(3) Picobreweries allowed as a home business shall be subject to the following conditions:
(A) No deliveries that require pallets or freight trucks.
(B) No additional parking or traffic that would not be normally expected from a household.
(C) No display of merchandise or signs.
(D) Maintain the appearance that no business is being operated from the premises.
(E) No sales being made on the property.
(F) All operations and storage must have space separate (with no shared door) from the dwelling space.
(G) No outdoor storage of equipment or supplies.
(H) Must provide a waste plan with estimated quantities and place of disposal.
(I) Use must comply with licensing and permitting requirements of the Washington State Liquor and Cannabis Board.
(J) Any violation of the conditions may result in revocation of home occupation permit.
(K) Written and notarized approval of the landowner where operation is located.
(c) Exterior Modifications. There shall be no exterior modification of the building in order to accommodate the business nor shall there be any outside manifestation of the fact that a business is being conducted within the premises. The primary use of the premises shall be for dwelling and at no time shall the home business be the principal use of the home.
(d) Employees. One assistant or employee in addition to the residing homeowner/operator may engage in the business on the premise. Family members residing within the home are exempt from this requirement.
(e) Retail Sales. The retail sales of goods are prohibited unless allowed as a conditional use as identified in the District use chart (Chart 1.0) or as approved by the planning commission.
(f) Thirty-five Percent Maximum Floor Area. The gross floor area for the business activity shall be no more than thirty-five percent of the dwelling and accessory building it shares.
(g) Parking. The administrator shall determine the number of parking spaces required when granting approval for a home business, unless the approval of the home business requires a conditional use permit, in which case the hearings examiner shall determine the number of required parking spaces. (Ord. 1932 § 1 (Exh. A), 2024; Ord. 1891 § 15, 2020; Ord. 1667 § 20, 2010; Ord. 1344 § 1 (part), 1997: Ord. 1286 (part), 1995).
18.16.040 Landscaping.
(a) Purpose. The purpose of the landscaping and screening requirements of this section is to increase compatibility between different intensities of land uses by encouraging visual barriers that interrupt the barren expanse of paved parking lots, screen undesirable views of selected industrial uses, promote desirable land use patterns, and to improve and maintain the inherent beauty of our city. It is the intent of these requirements to reduce the impact of erosion and storm-water runoff; promote pervious surfacing to allow natural groundwater recharge; reduce heat, air, dust, and noise pollution; promote safety through reduced glare; create a community-wide asset while mitigating hardships for business and property owners; and preserve and enhance the ecology of the region and the natural character of the community.
(b) Water Conservation. The city of Omak herein recommends water consumption for all required landscaping be kept to a minimum through the careful selection of planting materials and other creative strategies.
(c) General Requirements. This landscape section shall apply to all permitted and conditional uses, manufactured home parks and recreational vehicle parks. This section does not apply to: single unit dwellings, duplexes, accessory uses, remodels representing less than fifty percent of the assessed valuation of the structure, and areas within the central business district.
(1) The administrator shall review and may approve, approve with modifications, or disapprove site landscape development plans for all new developments in accordance with the provisions of this chapter.
(2) Developments involving additions or alteration to existing structures in which the cost of the additions or alterations exceeds fifty percent of the value of the existing structure(s) or improvements (value shall be determined from official city records) shall be subject to the provisions of this section, provided that where existing structures of improvements are situated so as to preclude installation of required landscaping, such required landscaping may be waived by the administrator.
(3) The landscaping requirements herein shall be supported by a set of guidelines or recommendations approved by the planning commission. Landscaping guidelines are available upon request at Omak City Hall.
(d) District Landscaping Designations.
(1) PS—Planned shopping district and
HB—Highway business district:
(A) Landscaped Area. Ten percent of the gross area of each lot in the PS and HB districts shall be dedicated to landscaping and groundwater retention. The ten percent requirement may be reduced if the retention of existing mature (at least three years old) summer vegetation would result in as good or better satisfaction of the purpose statement of Section 18.16.040, Landscaping standards.
(B) Buffers. Physical and visual separation of at least four feet in height shall be provided along those lot lines adjacent to, or across a public roadway or alley from, an RS, RD, or RM district.
(2) Conditional Uses/Nonresidential Uses in residential (RS, RD, RM) districts:
(A) Character. Landscaping should relate or be of similar character to that of nearby RS and RD districts.
(B) Buffers. Undesirable views shall be buffered to protect adjacent residential uses.
(3) Industrial (CI, LI and HI) districts:
(A) Buffer from Residential Areas. Buffers or other means of providing light and glare protection, visual screening, and sound dampening are required if adjacent to any residential district.
(B) Buffer from Major Streets. Buffers providing visual screening of developed portions of lots are required if adjacent to a roadway designated as an arterial or collector street.
(4) RM—Residential Multi-Unit District.
(A) Landscaping should relate or be of similar character to that of nearby RS and RD districts.
(e) Landscape Plan Requirements. Prior to the issuance of building permit, a scaled landscape site plan shall be submitted to and approved by the zoning administrator consistent with the provisions herein.
(1) Location of all existing plant material to remain on site;
(2) Indication of screening and buffer plantings required by ordinance;
(3) Indication of the lot size and area that shall be dedicated to landscaping;
(4) Describe proposed landscaping and/or buffer(s);
(5) Description of plans for maintaining landscaping and/or buffer(s).
(f) Adjustment of Landscaping Requirements. The administrator may authorize reduced plantings or may waive some of the landscaping requirements in the following instances:
(1) When the retention of significant existing vegetation located on the site would result in as good as or better satisfaction of the purposes of this section.
(2) When the landscaping would interfere with the adequate flow of stormwater runoff, as determined by the public works department, along drainage easements and/or when the landscaping would interfere with the adequate treatment of stormwater in grassed percolation areas.
(g) Landscape Maintenance.
(1) Irrigation. An irrigation system or hose bibs shall be provided with adequate water pressure and spacing to serve all landscaped areas, except for areas planted with native materials or other methods are provided for watering. The city strongly encourages the utilization of water conservation techniques.
(2) Plant Health. The property owner shall replace any unhealthy or dead plant materials in conformance with the approved landscape development proposal. If the administrator determines the maintenance required under this paragraph has not been performed, the city shall perform the work and bill the property owner.
(3) Defined Edges. Planting areas shall be clearly delineated from parking areas and driveways by a raised curb or other suitable formal separation. Planting areas shall not have artificial impervious material underlying the top soil. Required distance shall be measured from the inside of the curbs and other separators.
(4) Noxious weeds shall be controlled pursuant to RCW 17.10, the Washington State Weed Law.
(5) All walls, fences and screens shall be maintained to retain their original purpose.
(h) Performance Assurance.
(1) The required landscaping must be installed prior to issuance of the certificate of occupancy unless the building inspector determines that a performance assurance device, for a period of not more than one year, will adequately protect the interest of the city. In no case may
the property owner/developer delay performance for more than one year.
(2) The city may accept, as an alternative to a performance assurance device, a contractual agreement or bond between the owner/developer and professional landscaper, along with a rider or endorsement specifically identifying the city as a party to the agreement for purposes of enforcement. Nothing in this alternative shall be interpreted to in any way modify the conditions of subsection A of Section 18.16.040, Landscaping standards.
(3) If a performance assurance device or evidence of a similar device is required under previous subsections (18.16.040(h)(1) and (h)(2)). The enforcing officer shall determine the specific type of assurance device required in order to insure completion of the required landscaping in accordance with the approved landscaping plan. The value of this device must equal one hundred twenty percent of the estimated cost of the landscaping to be performed, and shall be utilized by the city to perform any necessary work, and to reimburse the city for documented administrative costs associated with action on the device. If costs incurred by the city exceed the amount provided by the assurance device, the property owner shall reimburse the city in full, or the city may file a lien against the subject property for the amount of any deficit.
(i) Exceptions for Clear Vision Requirements. Landscaping as required in this section is subject to those clear vision requirements as defined in Section 18.16.090. (Ord. 1344 § 1 (part), 1997: Ord. 1325 § 4, 1996; Ord. 1286 (part), 1995).
18.16.070 Automobile parking and loading.
(a) General. Off-street parking shall be provided in accordance with the requirements found in this section.
(b) Conditions. Off-street parking and loading spaces shall be provided at any time one of the following conditions occur:
(1) When a main building is erected; or
(2) When a main building is relocated; or
(3) When a use is changed and there is space on the site for the required parking; or
(4) When the number of required spaces is increased by the addition of dwelling spaces, floor area, or any other unit of measure used to determine parking and loading spaces; or
(5) In the event the expansion or enlargement results in ten percent or less increase in the number of spaces necessary to comply with subsection 18.16.070(b)(4) above, the provision of additional spaces is not required.
(c) Parking Space Area. Each parking space shall have a net area of not less than one hundred sixty square feet exclusive of access drives or aisles, and shall be of usable shape and condition. If determined on a gross area basis, three hundred square feet shall be allowed per vehicle.
(d) Requirements. A public or private parking area that has a capacity of five or more vehicles shall be developed and maintained in accordance with the following requirements:
(1) Development of such parking areas shall be in accordance with plans that must be submitted to and approved by the building inspector prior to site preparation or development work.
(2) Parking areas shall be improved with a properly bound, durable and dustless impermeable surface. Alternative parking surfaces, such as grass with weight transferring plastic or concrete blocks, are recommended for low frequency-of-use parking and loading areas.
(3) Adequate drainage of the parking area shall be provided in such a manner so as to protect adjacent properties from excess stormwater and erosion, and to prevent the overtaxing of public or private storm drainage systems, and such drainage shall not be allowed to flow across sidewalks.
(e) Off-Street Parking Standards. The minimum number of off-street parking spaces required per use shall be as indicated in Table 2, below. Any use clearly similar to any of the listed uses shall meet such use’s requirements. If the similarity of the uses is not apparent, the planning commission shall recommend to the city council the standards that should be applied to the use in question.
(f) Loading Berth Standards.
(1) Any building being or intended to be used for retail, wholesale, warehousing, freight, hospital, industrial and manufacturing shall be provided with off-street loading berths according to the following schedule:
(A) One loading berth for each building containing five thousand to twenty thousand square feet of floor area;
(B) Two loading berths for each building containing twenty thousand or more square feet of floor area;
(C) A loading berth can be counted as equivalent to one parking space when estimating the required parking except for residential uses in the central business district.
(2) Any building being or intended to be used for offices, hotel, restaurant, assembly space or similar use shall be provided with off-street loading berths according to the following schedule:
(A) One berth per building or as designated by the building inspector, whose decision shall be based on the type of use, the amount of activity, and the size of vehicles servicing the use.
(g) Exemptions for Joint Use. The board commission, administrator or council, depending on the type of approval involved, may authorize the joint use of parking facilities upon review of each request and a determination by the board of adjustment that compliance with the intent of this chapter will be assured.
(h) Central Business District Exemptions. There are no requirements for off-street parking for commercial uses in the central business district. Residential uses require one parking space per unit. Loading berths do not qualify as required parking for residential uses in the central business district.
(i) Off-Street Parking in Residential Districts. Off-street parking spaces shall not be located in a required front yard in any residential (RS, RD, RM) district unless within a designated driveway or parking lot.
(j) Uses Not Specified. In case of a use not specifically mentioned in the parking requirements in Table 2, the requirements for off-street parking facilities shall be recommended by the planning commission. Such determination shall be based upon the requirements for the most comparable use listed.
(k) Additional Standards and Bonds. In addition to the basic standards and requirements established by this chapter, the planning commission or the building inspector may make such other requirements or restrictions as may be deemed necessary in the interests of public health, safety and general welfare, including, but not limited to: lighting, joint development of facilities, entrances and exists, accessory uses and conditional uses; provided further, that performance bonds may be required where it is determined that such are necessary to guarantee proper compliance within the time periods specified.
(l) Parking Standard Modifications. The parking requirements in this section can be changed to better reflect the actual parking demand for a particular use. The planning commission shall review case by case requests for modifications and permit the requests should they meet the following requirements:
(1) Applicants identify the quantity of off-street parking spaces required by current city standards;
(2) Applicants identify the quantity of off-street parking spaces they intend to install;
(3) Applicants submit at least one example of a similar parking condition and property use with a complete description of all relevant and unique conditions;
(4) The request will not create any foreseeable off-site parking demands on unrelated adjacent parcels or on public rights-of-way.
|
Use |
No. |
Per Unit of Measure |
|---|---|---|
|
Residential |
2 |
Dwelling unit |
|
Boardinghouse or rooming house |
1 |
2 guests |
|
Hotel |
1 |
2 guest rooms |
|
Motel |
1 |
Guest room |
|
Medical care facility |
1 |
4 beds |
|
Nursing homes |
1 |
6 beds |
|
Medical, dental offices |
1 |
150 square feet of gross floor area |
|
Financial institutions, offices with customer |
1 |
400 square feet of gross floor area |
|
Libraries, museums, etc. |
1 |
200 square feet of gross floor area |
|
Churches, centers, theaters, and other enclosed |
1 |
6 seats or 50 square feet of assembly floor area |
|
Stadiums, arenas, and other open air assemblies |
1 |
8 seats or 100 square feet of assembly floor area |
|
Offices with no on-site customer service |
1 |
800 square feet of gross floor area |
|
Bowling alleys |
6 |
Alley |
|
Mortuaries and funeral chapels |
1 |
75 square feet of assembly area |
|
Eating and drinking establishments |
1 |
200 square feet of gross floor area |
|
Furniture, appliance, hardware, clothing, shoe |
1 |
600 square feet of gross floor area |
|
Other retail—less than 5,000 square feet of enclosed |
1 |
300 square feet of gross floor area |
|
Other retail—outside sales |
1 |
300 square feet of sales area |
|
Other retail—5,000 square feet or more of enclosed floor |
17 + 1 |
100 square feet floor area over 5,000 or 2 square feet |
|
Warehouse, storage and wholesale |
1 |
2 employees |
|
Industrial and manufacturing |
1 |
Each employee |
|
Mixed uses |
|
The sum of requirements for each use computed |
(Ord. 1344 § 1 (part), 1997: Ord. 1286 (part), 1995)
18.16.080 Single-family dwellings and duplexes.
The following standards apply to all single-family dwellings and duplexes, including manufactured, modular and factory-built homes, or other prefabricated structures, to be placed outside of an existing or permitted manufactured home park:
(1) Construction shall meet applicable building, plumbing, electrical and mechanical codes (see Section 18.16.015).
(2) Minimum Square Footage. The minimum square footage is dependent upon zoning district requirement as identified in Section 18.16.020, Table 1.0, General Development Standards for All Districts.
(3) Exterior siding must be similar in appearance to siding materials commonly used on conventional site-built International Residential Code single-family residences and duplexes.
(4) All residential structures must have a permanent foundation that meets or exceeds applicable building code requirements for residential construction.
(5) Attached Structures. Attached structures shall meet the city requirements for new buildings. Attached structures for manufactured, modular/factory-built homes must meet applicable state and federal requirements.
(6) Site Plan. A site plan, drawn to scale, shall be required that accurately depicts the location of any existing and planned structures, property lines, building setbacks, utilities and access.
(7) Utilities. A utilities plan identifying the location and mode of all utilities must be submitted to the building inspector. Installation shall comply with all standards required by the city of Omak.
(8) Alternative and prefabricated structures not meeting the definition contained in the International Residential Code shall require that plans, profiles and specifications be submitted, applicable fees paid and plans approved prior to issuance of required permits. (Ord. 1877 § 8, 2019).
18.16.085 Manufactured homes.
(a) Manufactured homes must be no more than ten years old.
(b) Manufactured homes must comply with all local design standards applicable to other homes within the neighborhood (Section 18.16.080). (Ord. 1877 § 10, 2019).
18.16.090 Clear vision requirements.
(a) Intersections—Requirement. A clear vision area shall be maintained on the corners of all property adjacent to the intersection of two streets. A clear vision area shall contain no sight-obscuring or -obstructing planting, fence, or other temporary or permanent obstruction from the top of the curb or, where no curb exists, from the established center line grade of the street.
(b) Intersection—Measurement. A clear vision area shall consist of a triangle, two sides of which are curb line (or street edge lines) and the third side of which is a line across the corner of the lot connecting the ends of the other two sides. The size of the clear vision area is determined by the distance from the intersection of the two street lines to the third side, measured along the street. The required size in all districts is fifteen feet for each of the two street sides. (Ord. 1286 (part), 1995).
18.16.100 Fences.
(a) In residential (RS, RD and RM) districts, the CB—Central Business District, and the PS—Planned Shopping District, sight-obscuring perimeter fences shall not exceed six feet in height unless noted herein.
(b) Fences are subject to provisions of the International Building Code. (Ord. 1667 § 16, 2010; Ord. 1286 (part), 1995).
18.16.110 Signs.
(a) Omak sign ordinance includes standards for all signs and selected advertising devices within the city.
(b) Signs and advertising devices are defined in Chapter 18.08 of this title. (Ord. 1286 (part), 1995).
18.16.112 Performance standards.
(a) The following performance standards are intended to protect the public health, safety and general welfare by ensuring adequate access to light, air, privacy
and open space; minimizing traffic congestion and utility overload; and protecting the citizens of Omak from objectionable influences that may interfere with the use, value and enjoyment of property, sleep and repose, and the quality of the environment in all zoning districts.
(b) The performance standards herein are intended to be used to evaluate the general impacts of a given use. They are not intended to be used as a remedy for nuisances.
(c) General Performance Standards. The following standards are applicable to all new and major expansion of existing uses, irrespective of zoning classifications, in order to minimize potential impacts to public health, safety, welfare, and aesthetic values associated with land uses located in the city. Any use that does not comply with the general performance standards is prohibited.
(1) Electrical Interference. Provisions must be made for necessary shielding or other preventive measures against interference occasioned by mechanical, electrical and nuclear equipment uses or processes with electrical apparatus in nearby buildings or land uses.
(2) Electromagnetic Radiation. No use of electromagnetic radiation shall be permitted for such purposes as communication, experimentation, entertainment, broadcasting, hearing, therapy, vehicle velocity measurement, weather survey, topographic survey, personal pleasure, or any other use directly or indirectly associated with those purposes that does not comply with the current regulations of the Federal Communications Commission (FCC) regarding such sources of electromagnetic radiation. The FCC enforces its regulations within the city.
(3) Hazardous Substances or Waste.
(A) Storage of animal or vegetable waste shall be managed and maintained in a manner that does not attract insects or rodents or otherwise create a health hazard. No waste products shall be exposed to view, from eye level, beyond the property line of the use storing the waste.
(B) No hazardous substances or wastes shall be released into the environment so as to cause dangerous or offensive emission or contamination of any public or private water supply, sewage treatment processes, watercourse or water body, the air or the ground, except in accordance with standards approved by provisions of federal, state, and local laws and regulations. The discharge of any materials into any manmade or natural body of water or drainage system shall be regulated by the Washington Department of Ecology or city ordinances.
(C) Manufacturing uses shall indicate the method of storage and disposal of all industrial waste prior to project approval.
(4) Odor. The emission of obnoxious odors or any toxic or corrosive fumes, gases, or other matter that may injure people or property shall not be permitted as determined by the building official.
(5) Particulate Matter Emissions.
(A) All uses that produce emissions shall comply with the requirements of the Environmental Protection Agency and/or the Washington Department of Ecology.
(B) No residential or commercial activity that chronically emits observable dust, dirt, fly ash or other airborne solids shall be permitted except as related to construction activity or with a land use permit and approved mitigation plan.
(C) Air pollution from private roads, parking lots, and open areas shall be controlled as follows. The performance goal is to allow no degradation of the air quality of the Omak area, and to prevent degradation of the ambient air quality by utilizing sufficient dust control measures both during periods of construction, and after project completion:
(i) Visible dust generated by construction, repair, or cleaning of roads and parking areas shall be minimized by means that minimize detrimental effects to water quality. Chemical dust suppressants labeled for such use may be used in accordance with all applicable health and safety standards.
(ii) Private roads and parking areas shall be controlled by providing paving or other surface treatment that minimizes visible dust emissions and mud tracking. Housekeeping measures shall be used to minimize the accumulation of mud or dust on the surface of roads.
(iii) Unpaved shoulders shall be maintained in such a way as to minimize generation of visible dust by wind or traffic. Unpaved nonvehicular areas shall be controlled by vegetative cover or other equally effective methods of minimizing windblown dust.
(iv) Air emissions from manufacturing uses or other activities shall be controlled. No emissions shall exceed the allowances set forth by the Environmental Protection Agency.
(6) Vibration. Any use permitted by this title that causes ground vibration or concussion that is detectable beyond the property lines without the aid of instruments shall be regulated as a conditional use. The following uses shall be exempted:
(A) Vibration originating from heavy transport vehicles (e.g., trucks);
(B) Temporary vibration originating from small-scale site construction activity, such as a home remodel;
(C) Vibration from heavy equipment resulting during the normal course of business.
In the event that a construction project is likely to cause continuous or intermittent vibration for an extended period of time, it shall be the responsibility of the administrator or building official to ensure that a SEPA review has been conducted and that activities anticipated to cause vibration have been mitigated under SEPA review. If no SEPA review has been conducted, it shall be the responsibility of the administrator to condition the use of vibrating machinery under a CUP.
(d) Specific Performance Standards. The following standards shall be used to assess the impacts of allowed or permitted uses, or uses not listed in the district use chart, in the context of the zoning district, the neighborhood, and the surrounding uses in the area in which the use is proposed, in order to minimize potential impacts on public health, safety, welfare, and aesthetic values associated with land uses located in the city. Any use that does not comply with the applicable specific performance standards is prohibited.
(1) Any use not specifically allowed, based on the district use chart, must be harmonious with the design, character, and appearance of the neighborhood in which it is proposed, and must not adversely affect the established character of the surrounding neighborhood. Among the factors to be considered are the specified intent of the zoning district in which the use is proposed; aesthetic consistency with existing structures and land use patterns and the overall character of the neighborhood and the city; and consistency in terms of visual impacts of parking areas, building facades, and accessory structures;
(2) Any use not specifically allowed, based on the district use chart, must have no more adverse effect on the health, safety, general welfare and interest of persons living or working in the area, and must be no more injurious, economically or otherwise, to property or improvements in the surrounding area, than would any use generally permitted in the district. Among matters to be considered are traffic generation; traffic flow and control; access to and circulation within the property; off-street parking and loading; refuse and service area; utilities; screening and buffering; signs; yards and other open areas; height, bulk, and location of structures; location of proposed open space uses; hours and manner of operation; and noise, light, glare, dust, odor, fumes and vibration;
(3) Any use not specifically allowed, based on the district use chart, must make efficient use of public services and facilities, and must not place an undue burden on the city’s public services and facilities or reduce the city’s public services and facilities level of service below that intended for uses allowed by right;
(4) Any use not specifically allowed, based on the district use chart, must be consistent with the city’s adopted comprehensive plan, and with the objectives of any code, ordinance, regulation, specifications or plan in effect to implement said comprehensive plan. (Ord. 1667 § 7, 2010).
18.16.114 Mobile vendors.
(a) A mobile vendor shall obtain a peddler’s permit in compliance with Chapter 4.24 prior to initiating the use.
(b) Mobile vendors shall comply with the following standards, in addition to any other conditions of said peddler’s permit:
(1) Covered trash receptacles must be provided for customer use. The mobile vendor must contain and immediately remove any litter from the site on which the use is located. Disposable containers and other disposable pieces must bear the name or logo of the mobile vendor.
(2) The mobile vendor must maintain any health certification required by state and local regulations for the type of food or beverage service offered.
(3) Employees must have access to sanitary facilities during working hours.
(4) Written permission of the owner of the site on which the mobile vending unit will be located is required. (Ord. 1667 § 8, 2010).
18.16.116 Temporary markets.
(a) A temporary market shall obtain a permit in compliance with Chapter 4.24 prior to initiating the use.
(b) Temporary markets shall comply with the following standards, in addition to any other conditions of said permit:
(1) Hours of operation: beginning no earlier than nine a.m. and ending no later than seven p.m. Setup may start no earlier than seven a.m.
(2) Parking: the applicant shall provide adequate off-street parking for vendors and customers.
(3) Sanitation: the applicant shall provide adequate sanitary facilities for vendors and customers.
(4) Trash: the applicant shall provide adequate trash receptacles for vendors and customers.
(5) The applicant shall remove all trash from the site at the end of the use and shall return the area to a condition as good as or better than that in which it was found, ensuring that no record of the use remains visible.
(6) Alcohol and illegal substances shall not be allowed on the premises during the temporary market, except as approved by the city council.
(7) Noise levels shall be consistent with prevailing standards in the neighborhood in which the temporary market is held. (Ord. 1667 § 9, 2010).
18.16.118 Recreational vehicles.
Recreational vehicles shall not be used as permanent, full-time housing. Recreational vehicles must adhere to the following provisions:
(1) A recreational vehicle may be occupied for extended temporary residential habitation for a period up to, but not exceeding, one year for the sole purpose of temporary housing during construction of a permanent dwelling unit on the lot where the recreational vehicle is located, pursuant to issuance of an approved building permit. The use may not be extended beyond the two-year limitation. Permit and fee shall apply to an extended temporary residential recreational vehicle. Occupancy of the recreational vehicle is subject to a sanitary inspection as described herein.
(2) A short-term recreational vehicle may be occupied for a period of up to thirty days per calendar year as an accessory to an existing single-family residence. Holding tank contents for short-term recreational use must be emptied in an approved manner. Sewer stubs for recreational vehicles must be permitted and installed per the Uniform Plumbing Code, and at no time shall the recreational vehicle be connected on a permanent basis except as permitted in subsection (a)(4) of this section.
(3) Allowed temporary recreational vehicle uses described herein shall be subject to all pertinent city health and safety regulations.
(4) A recreational vehicle that is being used on an extended, temporary basis shall be allowed to connect to city sewer and water utilities after a sanitary inspection has been completed to ensure that chemical contaminants will not enter the city’s wastewater system. A connection permit and fee shall be applied upon completion of inspection. This permit shall be limited to a one-time connection only, and any subsequent connection within the permitted timeline shall undergo a repeat inspection for reconnection.
(5) Allowed temporary recreational vehicle uses described herein must comply with the following standards:
(A) The recreational vehicle may not be parked in a right-of-way or public easement.
(B) The recreational vehicle may not be parked in any required setback.
(C) The recreational vehicle may not be parked in any required parking space.
(D) No decks, covers, or other structures appurtenant to the recreational vehicle shall be erected or installed.
(E) The recreational vehicle’s holding tank must be emptied at an approved facility. The holding tank shall be emptied as often as necessary to prevent development of a nuisance.
(6) The city may impose additional conditions on the allowed uses of recreational vehicles to minimize nuisance-causing features and ensure public health and safety. Such conditions may include, but are not limited to, landscaping and lot maintenance. (Ord. 1667 § 10, 2010).
18.16.120 Site clearance.
(a) Requirements. Prior to issuance of any zoning or building permit, the lot must be clear of all existing nuisance structures, abandoned or defunct vehicles, solid waste or other human-made hazards to public health and safety, and improvements shall be approved by the administrator.
(b) Recommendation. The city of Omak herein recommends property owners maintain native vegetation where possible to prevent wind and water erosion. (Ord. 1286 (part), 1995).
18.16.122 Accessory structures.
The following regulations apply to detached accessory structures such as sheds and garages associated with single-family residences in all zoning districts:
(1) All accessory structures shall meet the minimum front and side yard setbacks in the applicable zoning district and a minimum five-foot setback in the rear yard. All such accessory structures shall also meet the requirements of the building code currently in use by the city at the time of construction for setbacks between buildings.
(2) The maximum building footprint of an accessory structure shall be subject to building coverage standards in Table 1.0 in Section 18.16.020.
(3) The maximum height of accessory structures shall be limited by the maximum building height for the zoning district in which it is located.
(4) With the exception of approved accessory dwelling units, accessory structures shall not be designed, constructed, or used as habitable structures for living, sleeping, eating, or cooking unless the structure is associated with a business that requires such facilities under which a CUP will be required.
(5) Each accessory structure shall be compatible with the character of the zone in which it is located and the allowed uses therein. Accessory structures in excess of 12 feet in height or 300 square feet in area shall feature exterior siding similar in appearance to and compatible with the building materials of the primary structure.
(6) No accessory structure shall create a nuisance or hazard, including noise, dust, or threat to air or water quality or to the well-being of the city and the area in which the accessory use or structure is located. (Ord. 1896 § 3, 2020).
18.16.124 Accessory dwelling units.
(a) Intent. The provision of accessory dwelling units (ADUs) promotes an efficient use of housing and allows more flexible living environments for all residents. The following regulations are designed to meet a need for an alternative form of housing without compromising the existing character or appearance of single-family residential neighborhoods.
(b) Eligibility. Accessory dwelling units appurtenant to duplexes are prohibited. ADUs may be located in a separate accessory structure or incorporated within the principal dwelling. For the purposes of this subsection, the term “incorporated” shall mean completely within an existing principal residence, provided both dwelling units are attached by a common wall, floor, or ceiling and not simply by an attached breezeway or porch. An ADU may be allowed only on conforming lots in the RS, RD, RM, CB, or HB zoning districts; an ADU is subject to approval and conditions by the administrator; and an ADU must follow the minimum lot sizes and conditions hereafter listed:
(1) RS, 8,000 square feet. ADU must be located in a separate structure from the principal structure.
(2) RD, 8,000 square feet. ADU may be incorporated or separate from principal structure.
(3) RM, 6,000 square feet. ADU may be incorporated or separate from principal structure.
(4) CB or HB, 7,500 square feet for separate structures. Incorporated ADUs in CB and HB shall be considered single or multifamily dwellings and are therefore permitted as listed in the district use chart.
(c) Application. The following shall be required for every accessory dwelling unit:
(1) A minimum housing inspection report from the city building official certifying that the accessory dwelling unit complies with the minimum housing code, as defined in the edition of the building code in effect in the city at the time of application, including all provisions regarding setbacks between structures. If the ADU is incorporated within the principal dwelling on the lot, the housing inspection report must certify that the entire principal structure meets minimum housing code standards.
(2) An ADU shall be required to meet the city’s requirement for water and sewer concurrency to address increased demand on the city’s water and sewer systems stemming from increased density in residential zoning districts.
(d) Development Standards. The following development standards shall be met to qualify for the occupation of an accessory dwelling unit:
(1) The accessory dwelling unit must comply with all applicable provisions of the Omak Municipal Code in effect at the time the accessory dwelling unit is approved, including setback and lot coverage requirements for the zoning district in which the accessory dwelling unit is located.
(2) Only the principal structure on each lot shall be considered in determining compliance with lot size and density requirements.
(3) Maximum occupancy of the unit shall not exceed one and one-quarter persons per habitable room, as defined in the edition of the International Building Code in effect in the city at the time of application.
(4) The maximum livable area of an accessory dwelling unit shall be no greater than the livable area of the principal dwelling, and shall not, under any circumstances, exceed eight hundred square feet.
(5) The owner of the lot shall provide one off-street parking space for the exclusive use of the occupants of the accessory dwelling unit, in addition to the off-street parking required for the principal dwelling. A garage or carport may provide off-street parking where, in fact, the garage or carport is usable for parking cars. All off-street parking areas shall be surfaced to provide long-term dust control.
(6) Only one ADU per single-family lot shall be permitted.
(7) Addition of an ADU shall not result in any modifications to the principal structure or the residential lot that would compromise the single-family residential character of the principal structure or be detrimental to the character of the neighborhood.
(8) An ADU shall be required to obtain water and sewer connections separate from the principal structure on the property.
(e) Accessory dwelling units in RS, RD, and RM zoning districts must be sited so that they will conform with all applicable regulations, including setbacks. Subsequent subdivision of lots in said zones with accessory structures must meet minimum lot sizes. (Ord. 1667 § 12, 2010).
18.16.126 Outdoor mobile vendors.
All outdoor mobile vendors, where allowed by Section 18.11.050, District use chart, shall meet the following standards to protect the aesthetics of surrounding properties:
(1) Exemptions. The following activities, businesses, and/or persons, as such are commonly known, shall be exempt from coverage of this section. This exemption shall not be construed to limit or restrict the application of other laws and regulations pertaining to such activities, businesses and/or persons:
(A) Stands used to sell or distribute flowers, fruit, vegetables, produce or plants grown on the property where the stand is located;
(B) Outdoor mobile vendors under the umbrella of an event sponsor set up only during community-sponsored events;
(C) Temporary business registration for thirty days or less; provided, that consecutive/concurrent temporary licenses are not applied for.
(2) Application. Applicants for an outdoor mobile vendor permit shall provide the administrator with a written application describing the proposed business in detail and specifically including as a minimum the following:
(A) The proposed manner of operation of the business;
(B) The goods, wares, services, merchandise or articles to be offered for sale;
(C) The proposed dates, hours and duration of operation;
(D) The proposed location of operation;
(E) Available parking;
(F) The proposed fire safety features and proposed lighting;
(G) Proposed structures;
(H) Site plan;
(I) Written authorization of landowner.
The administrator shall review the application based on such issues as public safety, pedestrian and vehicular traffic, public disturbance and noise concerns. The administrator shall grant, deny or condition the permit based on the above considerations. Written notice of action on the application shall be provided to the applicant within fourteen days of the city’s receipt of a completed permit application.
(3) Required Approvals.
(A) All outdoor mobile vendors shall obtain approval from the Okanogan County health district prior to commencing any activities. Outdoor mobile vendors are required to comply with all laws, rules and regulations regarding food handling, and all vehicles, equipment, and devices used for the handling, storage, transportation and/or sale of food shall comply with Chapter 246-215 WAC, as amended, and any other rules and regulations respecting such vehicles, equipment, and devices as may be established by the Okanogan County health district.
(B) All outdoor mobile vendors shall obtain a city business registration.
(C) All outdoor mobile vendors shall provide in writing and on a site plan the locations of utilities (water, sewer, stormwater, etc.) servicing the stand or a plan for how water, sewer and stormwater, etc. will be handled. All service locations shall be reviewed by the public works department for approval prior to commencement of activities at any location.
(D) All outdoor mobile vendors shall obtain required permits from the city fire chief for installation of LPG tanks and piping.
(E) All outdoor mobile vendors that are constructed to use electricity shall obtain a permit from Labor and Industries.
(F) Any structure or accessory structure that is to be placed and used as a commercial stand shall require review for compliance with Omak Municipal Code as amended, which includes at minimum Title 14, Building Construction; Title 4, Business—Taxation, Regulation and Licensing; and this title.
(4) Development Standards.
(A) Shall not conduct business so as to violate any ordinances of the city, including those regulating traffic and rights-of-way, as now in effect or hereafter amended.
(B) Shall not be located in such a manner as to cause a traffic hazard.
(C) Shall not obstruct or cause to be obstructed the passage of a sidewalk, street, avenue, alley or any other public place by causing people to congregate at or near the place where services are being sold or offered for sale.
(D) Are prohibited from occupying required parking spaces and vehicular traffic areas of existing businesses.
(E) Employees must have access to sanitary facilities during working hours.
(F) All outdoor mobile vendors’ operations related to cooking, sale of goods, displays, and other portions of the operation, outside of seating, landscaping, and singular display of goods, menus, and signage attached to the stand, shall take place from within the enclosed mobile vending unit.
(G) Shall provide garbage receptacles for customer use and provide for appropriate waste disposal.
(H) All outdoor mobile vendors shall be maintained in a neat and orderly condition and manner, free of debris and litter.
(I) Outdoor mobile vendors shall occupy an area no larger than four hundred square feet. The size of an outdoor mobile vendor shall be counted as part of the lot coverage for the specific lot. If more than one outdoor mobile vendor per lot, then the total square footage is reduced to two hundred fifty square feet per outdoor mobile vendor. The occupied area of an outdoor mobile vendor should not constitute access, parking, or uncovered outside sitting areas that may make up the use area.
(J) At the conclusion of business activities at a given location, the vendor shall clean all areas surrounding his or her commercial stand of all debris, trash and litter generated by the vendor’s business activities.
(K) Vendors shall remove the vending unit from the property each day at the conclusion of business. Vendors operating at a location for thirty days or less are exempt from this requirement.
(L) All advertising shall be placed via wall standards and be placed on the commercial stand. Wall sign regulations shall follow those of the underlying zoning district in relation to the size of the commercial stand; no other signage shall be allowed.
(M Outdoor mobile vendors shall submit a site plan providing accurate dimensions and locations of the following:
(i) Proposed and existing structures;
(ii) Proposed and existing land uses;
(iii) Garbage and trash receptacles;
(iv) Proposed and existing storage areas;
(v) Location of adjacent streets, avenues, and alleys;
(vi) Ingress and egress locations;
(vii) Use area;
(viii) Proposed and existing landscaping;
(ix) Proposed and existing off-street parking.
(N) For the purposes of this chapter, the use area is defined as an area described in the tenancy agreement between the landowner and tenant (person allowed to possess property belonging to the landowner for rights and privileges detailed in the tenancy agreement) of adequate size to carry on the agreed-upon use consistent with city code.
(O) Outdoor mobile vendors shall submit a written and notarized consent form from the property owner authorizing the property to be used for the proposed use and approving the accuracy of the site plan.
(P) All outdoor mobile vendors shall provide a minimum of two off-street parking spaces plus sufficient stacking for six vehicles for stands with a drive-through component. (Ord. 1877 § 11, 2019).
18.16.128 Storage containers.
Storage containers shall be permitted subject to Section 18.11.050, District use chart. (Ord. 1877 § 12, 2019).