Chapter 18.15
BASIC PROVISIONS
Sections:
18.15.040 Establishment of zoning districts.
18.15.070 Performance standards.
18.15.080 Development standards.
18.15.090 Supplemental standards for mobile vendors.
18.15.100 Supplemental standards for temporary markets.
18.15.010 Scope.
This title shall apply to all public and private lands situated within the incorporated limits of the town of Twisp, and over which the town of Twisp has jurisdiction under the Constitutions and laws of the state of Washington and the United States, and shall set forth minimum standards that are supplemental to the rules and regulations of the Shorelines Management Act and the town’s master program thereunder, the State Environmental Policy Act and the town ordinances implementing the same, town, county and state health regulations, building, plumbing, electrical and other codes and regulations, and subdivision and short subdivision ordinances of the town of Twisp. (Ord. 620 § 3(1), 2010)
18.15.020 Interpretation.
In interpreting and applying the provisions of this title, the provisions shall be held to be the minimum requirements adopted for the protection of the health, safety, general welfare, and interest of the town of Twisp and the citizens thereof.
(1) The provisions of this title shall be liberally construed to further its purposes, and in the event controversy as to the meaning of a particular provision of this title shall arise, such provision shall be construed liberally in favor of the general public interest and the stated purposes of the title.
(2) If the conditions imposed by a provision of this title are less or more restrictive than, or conflict with, the conditions of any other provision of this title, or any other rule, law, contract, resolution, or regulation of the state or federal government or the county of Okanogan or the town of Twisp, then the more restrictive requirement or the higher standard shall govern.
(3) Reference in this title to any existing provisions of law, including town ordinances or regulations or state or federal laws, rules or regulations, shall include reference to any amendments to such provision that may occur subsequent to adoption of the ordinance codified in this title. (Ord. 620 § 3(2), 2010)
18.15.030 Compliance.
A lot may be used and a structure or part of a structure constructed, reconstructed, altered, occupied, or used only as this title permits. Where multiple land use permits are required for a use or combination of uses on a single lot, no new or modified use shall be allowed until all required permits have been granted. No lot, area, yard, or off-street parking area existing on or after the effective date of the ordinance codified in this title shall be reduced below the minimum requirements of this title. (Ord. 620 § 3(3), 2010)
18.15.040 Establishment of zoning districts.
For the purposes of this title the following zoning districts are hereby established:
|
Designation |
District |
|---|---|
|
R-1 |
Residential Single-Family – Low-Density |
|
R-2 |
Residential Single-Family – High-Density |
|
R-3 |
Residential Multifamily |
|
C-1 |
Downtown Commercial |
|
C-2 |
Office/Tourist Commercial |
|
C-3 |
General Commercial |
|
C-R |
Riverfront Commercial District |
|
I |
Industrial |
|
AIR |
Airport Development |
|
PU |
Public Use |
The zoning districts established by this title are indicated on the zoning map attached to the ordinance codified in this title as Exhibit A.
In addition, this title contains three overlay districts:
|
Designation |
Overlays |
Areas Covered |
|---|---|---|
|
SO |
Shoreline Overlay |
Areas covered by the town’s shoreline master program |
|
CAO |
Critical Areas Overlay |
Areas designated as “critical areas” in the town’s comprehensive plan |
|
LSO |
Lincoln Street Overlay |
West side of Lincoln Street extending from midway between Massey Wills Lane to Fifth Street |
|
PDA |
Twisp Public Development Authority |
Properties owned by the Twisp development authority bordering Highway 20, Glover Street, Fifth Avenue and Methow Street |
The shoreline overlay established by this title is indicated on the shoreline overlay map attached to the ordinance codified in this title as Exhibit B. The critical areas overlay established by this title is indicated on the critical areas overlay map attached to the ordinance codified in this title as Exhibit C. The Lincoln Street overlay established by this title is indicated on the Lincoln Street overlay map attached to the ordinance codified in this title as Exhibit D. All four maps (Exhibits A through D) are incorporated herein by this reference.
(1) Residential Districts. Three residential districts (R-1, R-2, and R-3) are established to provide for a variety of types and styles of residential uses and development, while providing the protection and regulations necessary to protect home investment and home lives from incompatible uses and developments.
(2) Commercial Districts. Five commercial districts (C-1, C-2, C-3, C-R and I) are established to provide separate areas for different types and styles of commercial uses, including limited light manufacturing and business park uses, compatible with existing and adjoining uses, access requirements, and parking needs. A new riverfront commercial district is established to provide areas for mixed-use development that adheres to high design and aesthetic standards and encourages civic warmth in lively, pedestrian-oriented precincts; and to encourage opportunities for public access to specified riverfront areas.
(3) Public Use District. A public use district is established to provide a separate zone for public facilities, including town parks, town facilities such as the town sewer plant, school sites, and other publicly owned lands.
(4) Airport Development District. An airport development district is established to provide a special zone to protect the airport from incompatible uses and encourage development consistent with Okanogan County’s airport development district provisions. The zone contains the town’s airport runway, hangars, and associated structures, and provides for uses deemed consistent with the primary use as an airport.
(5) Shoreline Overlay. The shoreline overlay is established to provide a link between this title and the town’s shoreline master program (SMP). The overlay, which covers that area under shoreline jurisdiction as defined in the town’s SMP, is intended to add the more restrictive provisions of the SMP to the underlying zoning requirements by providing the administrator and project proponents with a reference to the more complex provisions of the SMP. The overlay is intended to provide the regulations (via the SMP) necessary to protect rivers, shorelands, wetlands, and flood hazard areas as required by Washington’s Shoreline Management Act (Chapter 90.58 RCW).
(6) Critical Areas Overlay. The critical areas overlay is established to provide an avenue for the regulation of development, through the imposition of design standards, in areas designated as “critical areas” in the town’s comprehensive plan. Such regulation is necessary to protect steep slopes, wildlife conservation, wetlands, flooded areas, and other areas defined as critical areas by the Growth Management Act. The intent of the critical areas overlay will be to provide the regulations (via the critical areas ordinance) necessary to protect aquifer recharge areas, wetlands, fish and wildlife habitat areas, frequently flooded areas and geographically hazardous areas as required by the Growth Management Act.
(7) Lincoln Street Overlay. The Lincoln Street overlay establishes a transition zone between the high intensity commercial uses in C-1 and the adjacent residential neighborhoods to the east in order to allow flexible living options and maintain the historic character of Lincoln Street. Single-family and duplex dwellings will be allowed along the west side of Lincoln Street but otherwise subject to the zoning requirements of C-1.
(8) Twisp Public Development Overlay. The public development overlay creates special requirements and provisions meant to achieve a balance between performance standards set forth within the Twisp zoning code and the underlying C-1 zone with the desired growth and expansion of the public development authority (TwispWorks) as outlined in the TwispWorks 2010 master plan.
(9) Density and Setbacks within Public Trails, Easements, and Rights-of-Way. When calculating minimum lot size and density and measuring setbacks for an individual parcel, the area of such parcel contained within any trail, pathway, or walkway via easement or right-of-way that is deeded, dedicated, or otherwise conveyed for public use or access to public facilities or shoreline amenities shall not be used to reduce the overall lot size or increase setbacks. The area encompassed in such easements or rights-of-way shall be included in lot size and density calculations. Setbacks shall be measured from property lines as they existed prior to trail, pathway or walkway conveyance; provided, that no structure or portion of the private development hinders the public’s use or safety of the trail, pathway, or walkway. (Ord. 632 § 1, 2011; Ord. 620 § 3(5), 2010)
18.15.050 Impact assessment.
(1) The impacts of a proposed use shall be considered in determining whether the use is to be allowed, and may be considered in determining the conditions under which a land use permit or building permit will be granted. This process is not intended to permit uses that are prohibited within a given zoning district or for developments that are required to complete a SEPA checklist. Nothing in this section shall be construed to give any property owner a right to use any property in any manner that requires a land use permit unless such permit has first been granted and is in full force and effect pursuant to all conditions attached thereto.
(2) Any new use or change in use, including home businesses, will require an impact assessment. Applicants will be required to submit a completed impact assessment checklist as part of the process of applying for a land use permit, building permit, or business license. The town shall use the impact assessment checklist as one means of notifying applicants of performance standards that may pertain to a given development proposal or permit application and providing guidance in meeting those standards.
(3) Single-family dwellings are exempt from the impact assessment requirement. However, all uses, including single-family dwellings, must comply with the applicable performance and development standards.
(4) In making a determination regarding impacts, the administrator or designated decision-making body shall consider the performance standards specified in TMC 18.15.070. Decisions will be based on the information provided in the applicant’s completed impact assessment checklist; the administrator or designated decision-making body may require additional information considered necessary to fully and fairly evaluate the impacts of the proposed use.
(5) The applicant for a proposed use may use design features or other measures to mitigate impacts, where feasible. Examples of mitigation include buffering and limitations on hours of operation. Any mitigating measures required by the town shall be considered conditions of approval, and shall be reduced to writing and recorded, or entered on the face of a recorded plat or site plan map. (Ord. 620 § 3(6), 2010)
18.15.060 Uses not listed.
If a proposed use is not specifically listed in the district use chart in Appendix A of this title, an applicant may request from the administrator an interpretation as to whether or not the proposed use is to be allowed.
(1) Approval Criteria. In making his or her determination, the administrator shall assess the anticipated impacts of the proposed use and consider the following criteria in the context of that assessment:
(a) Whether the use is compatible with the goals and policies of the comprehensive plan;
(b) Whether the use is consistent with the purpose and intent of this title, as specified in Chapter 18.05 TMC;
(c) Whether the use is consistent with the intent of the applicable zoning district, as specified in this title;
(d) Whether the use is compatible with adjacent uses;
(e) Whether the use will comply with the performance standards specified in TMC 18.15.070.
(2) Review and Approval. The administrator shall review the measures proposed for compliance with the approval criteria and shall approve or conditionally approve a permit application to assure compliance with those standards. If there is a question regarding the suitability of a proposed use, the administrator shall have the option of requiring the applicant to submit a conditional use permit application for approval by the board of adjustment. The administrator is encouraged to consult informally with the planning commission whenever he or she has a question regarding the suitability of any proposed use, prior to requiring submittal of a conditional use permit application. (Ord. 620 § 3(7), 2010)
18.15.070 Performance standards.
(1) 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 Twisp 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.
(2) The performance standards 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.
(3) 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 town. Any use that does not comply with the general performance standards is prohibited.
(a) Artificial Light and Glare.
(i) Uses producing artificial light, utilizing light for night operation, or causing glare shall:
(A) Not impair use of or safety of any road due to strong, dazzling artificial light directed at oncoming motor vehicles, or strobe lights projecting off site or toward streets, or lights imitating traffic signals.
(B) Protect residential uses from artificial light during periods of darkness by shading the luminaires and/or screening abutting property lines. Screening design is subject to approval by the town.
(C) Shield direct light generated by arc welding and similar processes in a manner that prevents such direct light from being visible from neighboring properties or public areas (roads, sidewalks, etc.).
(ii) Outdoor lighting on property in all zoning districts shall be directed or shielded appropriately to avoid creating a nuisance or hazard to passing traffic and neighboring properties.
(iii) All outdoor lighting in all zoning districts, including but not limited to the lighting for commercial and industrial uses, parking lots, security lights, billboards, buildings and structures, and municipal street lamps, shall use fully shielded light fixtures to minimize light pollution for the protection of night skies. The use of motion detector lights shall be allowed and is subject to shielding.
(iv) Search lights, laser source lights, strobe or flashing lights, or illusion lights or any similar high-intensity light shall be prohibited, except in emergencies by police and fire personnel at their discretion; lighting for special events such as festivals or holidays is subject to conditions and approval by the administrator.
(b) 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.
(c) 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 town.
(d) Fire and Explosion Hazards. All activities involving flammable and explosive materials shall provide adequate safety devices against the hazard of fire and explosion and shall provide adequate firefighting and fire suppression equipment as required by the town. In terms of fire and safety hazards, the storage and handling of inflammable liquids, liquefied petroleum, gases, and explosives shall comply with rules and regulations of the International Fire Code, as amended.
(e) Hazardous Substances or Waste.
(i) 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.
(ii) 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 town ordinances.
(iii) Manufacturing uses shall indicate the method of storage and disposal of all industrial waste prior to project approval.
(f) Hours of Operation. The hours of operation of any use located in a residential (R-1, R-2, or R-3) district shall be consistent with the character of a residential neighborhood.
(g) Noise. Noise shall be muffled so as not to become objectionable due to intermittent beat, frequency, or shrillness, and shall not exceed those standards as determined by the Washington Administrative Code (Chapter 173-60 WAC) as amended and TMC 8.05.010.
(h) 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 TMC 8.05.010.
(i) Particulate Matter Emissions.
(i) All uses that produce emissions shall comply with the requirements of the Environmental Protection Agency and/or the Washington Department of Ecology.
(ii) 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.
(iii) 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 Twisp 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.
(A) 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.
(B) 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.
(C) 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.
(j) 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 under a conditional use permit. The following uses shall be exempted:
(i) Vibration originating from heavy transport vehicles (e.g., trucks);
(ii) Temporary vibration originating from small-scale site construction activity, such as a home remodel;
(iii) 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.
(k) Under no circumstances shall outdoor storage of materials and supplies, or outdoor use areas, interfere with free use of sidewalks or public rights-of-way by emergency service vehicles or personnel.
(4) Specific Performance Standards. The following standards shall be used to assess the impacts of a conditionally or administratively permitted use, or a use not listed in the district use chart in Appendix A of this title, 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 town. Any use that does not comply with the applicable specific performance standards is prohibited.
(a) 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 town; and consistency in terms of visual impacts of parking areas, building facades, and accessory structures;
(b) 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 areas; 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;
(c) 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 town’s public services and facilities or reduce the town’s public services and facilities level of service below that intended for uses allowed by right;
(d) Any use not specifically allowed, based on the district use chart, must be consistent with the town’s adopted comprehensive plan, and with the objectives of any code, ordinance, regulation, specifications or plan in effect to implement said comprehensive plan. (Ord. 620 § 3(8), 2010)
18.15.080 Development standards.
The administrator shall review the measures proposed for compliance with the following development standards and shall approve or conditionally approve a building permit application to assure compliance with the standards.
(1) Stormwater. All uses in all zones, except home businesses, shall comply with the following development standard: stormwater shall be managed to assure no degradation of the surface or ground waters, and in compliance with all applicable state and federal laws, including the Federal Clean Water Act, the Federal Safe Drinking Water Act, and the State Pollution Control Act. When adopted, the Stormwater Management Manual for Eastern Washington shall provide the preferred guidance for stormwater management. A project proponent may choose to implement other practices to protect water quality, in which case the proponent assumes the responsibility of providing technical justification that the chosen practices will protect water quality. The town of Twisp may impose additional requirements to ensure protection of surface and groundwater. This provision applies both during construction and following occupancy. Individual single-family dwellings, duplexes, and permitted accessory uses shall be exempt if all required yard setbacks are sufficiently permeable to absorb anticipated runoff. The Stormwater Management Manual for Eastern Washington is the preferred guidance for determining anticipated runoff.
(2) All uses, with the exception of single-family dwellings, duplexes, permitted accessory structures and home businesses, shall comply with the following development standards:
(a) Dog Control Measures. Dog control measures shall be mandatory, including either dog prohibition or mandatory leash laws, preferably with noncommercial kennels provided. Such measures shall be reduced to writing and recorded, or entered on the face of a recorded plat or site plan map.
(b) SEPA. Compliance with applicable provisions and procedures of the State Environmental Policy Act (SEPA) and local regulations hereunder shall precede any development.
(c) Roof Drainage. Roof drainage shall be designed and controlled to prevent runoff, including snow pack, from leaving the development site and traveling to adjoining properties without appropriate recorded drainage easements.
(3) Sewer and Water Connections. All new uses and structures must connect to town water and sewer utilities. Peddlers and mobile vendors are exempt from this requirement. Temporary RVs shall be allowed to connect to sewer and water upon completion of a permit, inspection and fee, as described in Chapter 18.20 TMC, to ensure no chemical contaminants will enter Twisp’s wastewater management system.
(4) HVAC Screening. All multifamily dwellings and commercial structures, excluding duplexes, shall comply with the following standard: air conditioning, heating, cooling, and ventilation equipment, pumps, heaters and all other mechanical devices shall be screened.
(5) Commercial Access. Access for commercial use to commercial properties must be from public thoroughfares or through adjacent commercial property.
(6) Ownership and Maintenance Program for Private Roads and Common Areas. All multifamily dwellings and tourist accommodations, including condominiums and time-share condominiums, shall implement an ownership and maintenance program for roads and common areas if the development is to be sold in units, to ensure a long-range maintenance program for such areas. Such measures shall be reduced to writing and recorded, or entered on the face of a recorded plat or site plan map. Duplexes are exempt from this requirement.
(7) Townhouses. All townhouses shall comply with the following standard: each fee-simple townhouse shall be located on its own lot of record, and subdivision plat approval shall be required in accordance with the town of Twisp’s subdivision regulations. Each lot shall be a minimum of 2,000 square feet with a minimum lot width and frontage of 18 feet. The minimum lot area for a townhouse development shall be one-half acre. No more than six townhouses shall be permitted to form any one building. Townhouse developments shall not exceed the maximum density permitted for the district in which they are located.
(8) Nuisances. No use shall create a nuisance or hazard, as defined in Chapter 8.05 TMC, including noise, dust, or threat to air or water quality or to the well-being of the town and the area in which the use is located. Any nuisance shall be enforced through Chapter 8.05 TMC. (Ord. 620 § 3(9), 2010)
18.15.090 Supplemental standards for mobile vendors.
(1) A mobile vendor shall obtain a renewable administrative permit from the town of Twisp prior to initiating the use. Said permit will be valid for one year from the date of issue and shall be renewable annually as long as the permit holder is in compliance with all conditions.
(2) Mobile vendors shall comply with the following standards, in addition to any other conditions of said administrative permit:
(a) 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.
(b) The unit from which the use is operated must be harmonious with the design, character, and appearance of the neighborhood in which it is located.
(c) The mobile vendor must maintain any health certification required by state and local regulations for the type of food or beverage service offered.
(d) Employees must have access to sanitary facilities during working hours.
(e) Written permission of the owner of the site on which the mobile vending unit will be located is required.
(f) Written permission of the owners of all land adjacent to the site on which the mobile vending unit will be located is required. (Ord. 620 § 3(10), 2010)
18.15.100 Supplemental standards for temporary markets.
(1) A temporary market shall obtain a renewable administrative permit from the town of Twisp prior to initiating the use. Said permit will be valid for one year from the date of issue and shall be renewable annually as long as the permit holder is in compliance with all conditions.
(2) Temporary markets shall comply with the following standards, in addition to any other conditions of said administrative permit:
(a) Hours of operation: beginning no earlier than 9:00 a.m. and ending no later than 5:00 p.m. Setup may start no earlier than 7:00 a.m.
(b) Parking: the applicant shall provide adequate off-street parking for vendors and customers.
(c) Sanitation: the applicant shall provide adequate sanitary facilities for vendors and customers.
(d) Trash: the applicant shall provide adequate trash receptacles for vendors and customers.
(e) 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.
(f) Alcohol and illegal substances shall not be allowed on the premises during the temporary market.
(g) Noise levels shall be consistent with prevailing standards in the neighborhood in which the temporary market is held. (Ord. 659 § 1, 2013; Ord. 620 § 3(11), 2010)
18.15.110 Enforcement.
The provisions of this chapter shall be enforceable under Chapter 8.05 TMC. (Ord. 620 § 3(12), 2010)