Chapter 18.40
OVERLAYS

Sections:

18.40.010    Regulations and standards additional to underlying district.

18.40.020    Shoreline overlay (SO).

18.40.030    Critical areas overlay (CAO).

18.40.040    Lincoln Street overlay (LSO).

18.40.050    Repealed.

18.40.060    Twisp public development authority overlay.

18.40.070    Development standards.

18.40.010 Regulations and standards additional to underlying district.

The regulations and standards specified for each overlay district apply to all uses in that overlay district and are in addition to the regulations and standards established for the underlying zoning district in which the site is located. For example, a use located in a C-2 district and also in the shoreline overlay would be subject to the provisions of both districts. (Ord. 620 § 8, 2010)

18.40.020 Shoreline overlay (SO).

(1) Intent. The SO is designed to create a link between this title and the town’s shoreline master program (SMP). The overlay is a concept intended to add the more restrictive provisions of the SMP to the underlying zoning requirements in designated shoreline areas, as well as provide the administrator and project proponents with easy access to the more complex provisions of the SMP. Additional information on permitted uses, development standards, and regulatory requirements is found in the town’s SMP.

(2) Standards. The following development standards shall be mandatory for all development and uses in areas covered by the shoreline overlay:

(a) Development within areas covered by the shoreline overlay shall be subject to standards and requirements of the town’s shoreline management master program (SMP). Whenever a conflict arises between the standards and regulations contained within the SMP and this title, the more restrictive provisions shall apply.

(b) The storage, treatment, processing and manufacture of hazardous materials and/or waste shall be prohibited in SO districts.

(c) Review and Approval. The administrator shall review the measures proposed for compliance with these development standards and shall approve or conditionally approve a permit application to assure compliance with these standards and with the performance and development standards specified in Chapter 18.15 TMC. (Ord. 620 § 8(1), 2010)

18.40.030 Critical areas overlay (CAO).

(1) Policy. The CAO overlay is designed to provide protection via design and environmental review for development and uses in those non-shoreline and floodplain areas designated as “critical areas” in the town’s comprehensive plan and Chapter 18.60 TMC, Critical Areas Regulations. Such protection is necessary to protect steep slopes and other areas defined as “critical” by the Growth Management Act.

(2) Uses Permitted. In a CAO those uses shall be permitted as set forth in the district use chart in Appendix A of this title for the underlying zoning district. All uses shall comply with the performance standards set forth in TMC 18.40.050.

(3) Lot Size, Allowable Densities, Lot Coverage, Height and Setbacks. Lot sizes, allowable densities, lot coverage, height and setback requirements in the CAO shall be as set forth for the underlying zoning district.

(4) Signs. In a CAO signs shall be permitted subject to the requirements of the underlying zoning district.

(5) Standards. Development within areas covered by the critical areas overlay shall be subject to standards and requirements of TMC 18.15.070 and 18.15.080 and Chapter 18.60 TMC, Critical Areas Regulations, as adopted or amended. Whenever a conflict arises between the standards and regulations contained within the critical areas overlay and the ordinance codified in this section, the more restrictive provisions shall apply. (Ord. 632 § 1, 2011; Ord. 620 § 8(2), 2010)

18.40.040 Lincoln Street overlay (LSO).

(1) Intent. The Lincoln Street overlay is intended to provide for the development of single-family residences that are otherwise prohibited in the underlying zoning.

(2) Standards. Residential development in the Lincoln Street overlay shall be subject to the standards for the R-3 zoning district. (Ord. 620 § 8(3), 2010)

18.40.050 Development standards.

Repealed by Ord. 632. (Ord. 620 § 8(3), 2010)

18.40.060 Twisp public development authority overlay.

(1) Purpose. A zoning overlay to establish special requirements and provisions for the former U.S. Forest Service Compound.

(2) Accountability. This overlay shall establish the C-1 zoning district to the properties in the master plan shown in Exhibit E, attached to the ordinance codified in this section, and be effective upon adoption of the town council to those properties. The regulations and rules of this overlay shall only be applicable to property described herein and under the ownership of a nonprofit organization. Should the property or portions thereof be transferred to private ownership, this overlay shall be dissolved and the rules and regulations governing C-1 zone shall apply.

(3) Site Description and Existing Conditions. The 6.4-acre property formally owned and operated by the USDA Forest Service is composed of two consolidated tax parcels (Tax No. 059). Exhibit E, attached to the ordinance codified in this section, details the master plan programmatic site plan. The property is bounded by SR 20 along the southern boundary, Glover Street to the west, 5th Avenue to the north, and Methow Street terminates in a dead end along the northeast corner of the property. Vehicular access to the property is located on Glover Street and on 5th Avenue with the majority ingress and egress of traffic flow directed to and from Glover Street.

The site is flat and set slightly below grade of Glover Street and SR 20. The core of the site is largely undeveloped and surfaced with asphalt and turf; the existing 17 structures are located along the perimeter. The site hosts mature landscaping trees which contribute to Twisp’s recognition as a Tree City USA and comprise a significant portion of its urban forest. The trees buffer the site along the approach from the highway and create a softened entrance to Twisp’s main street.

(4) Overlay Intent. 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 development of the property as outlined in the TwispWorks 2010 master plan. Specifically, the PD overlay addresses the following elements: dimensional standards for the creation of new lots, provisions for residential uses, setbacks, parking standards, circulation and access, open space requirements, and administration guidelines for permitting of uses and developments on the site. (Ord. 695 § 1, 2015; Ord. 632 § 3, 2011)

18.40.070 Development standards.

(1) Dimensional Standards.

Minimum Lot Size	5,000 sq. ft.
Setbacks (interior, side, front and rear)	0' 10' to private residential properties to the east

(2) Residential Uses. As consistent with the TwispWorks master plan, as it currently exists or future amendments thereto, transient, short-term and long-term residential uses on the property may be permitted within existing or future structures so long as residents/occupants/lessees are affiliated with uses and activities occurring directly on site or in affiliation with TwispWorks programs. All new expansions or constructions of residential uses, dormitories and accommodations must meet the current building code and C-1 zoning requirements adopted by the town of Twisp.

(3) Parking Standards. All new uses and structures shall provide for off-street parking on site of the property, regardless if the new activity or use is located within an existing structure (as allowed within C-1). The parking standards set forth in Twisp zoning code (TMC 18.20.120 Table 1) shall be strictly applied to the PDA property, and be applicable to all new uses and new structures.

(a) Special Events Parking and Mitigation. Special event parking agreements and creative mitigation plans are encouraged and all joint-use parking agreements shall conform to the joint-use provisions of the Twisp zoning ordinance (TMC 18.20.120(2)). Special event parking standards may deviate from required dimensional stall standards if it can be shown by the PDA authorities that safe pedestrian and vehicular circulation has been adequately planned and provided for. Mitigation standards are listed as follows:

Off-site parking mitigation may exceed the required 600-foot limit as long as the following are met:

(i) Off-site parking is not located on public right-of-way without approval by town council.

(ii) Any joint-use parking agreement follows requirements of TMC 18.20.120(2), if applicable.

(iii) Accommodations for safe pedestrian access to the site, especially any crossing of SR 20, is provided for and approved by the zoning administrator, public works superintendent, and building official and in consultation with Washington Department of Transportation.

(b) Standards for On-Site Parking Lots.

(i) All stormwater requirements set forth in TMC 18.15.080 shall be applied and the use of pervious/permeable parking technologies is strongly encouraged.

(ii) Landscaping requirements set forth in TMC 18.20.160 for landscaping of parking areas of 700 square feet or greater shall be applied to any new configuration of parking on the existing site or development thereof.

(iii) Landscaping buffers consistent with Type III in TMC 18.20.160(9) may be required along the eastern boundary of the property where an incompatible use, such as light industrial fabrication, abuts residential uses.

(iv) All new uses and activities on the PDA property shall submit a parking plan with the following information:

(A) Scaled site plan.

(B) Number of stalls and location of allocated parking area for activity or use.

(C) Proposed time of use.

(4) Circulation and Access. Circulation shall provide safe flow of vehicular, pedestrian, and bicycle travel to and through the site. An estimated traffic count, including estimated peak flow counts, must be submitted to the planning administrator for all approved uses in excess of 20 trips/day. Additional traffic analysis shall be required in Phase 3 of the TwispWorks master plan. Access to the site shall be reconfigured and redirected to accommodate traffic flows as depicted in Exhibit F – Circulation, attached to the ordinance codified in this section, as follows:

(a) Main entrance to the site shall be located on Glover Street. Exiting shall be allowed along Glover Street as right turn only and properly signed and striped on roadway.

(b) 5th Street exit serves as both an exit and entrance to and from the site.

(5) Open Space Requirements. In keeping with campus aspect of the TwispWorks site, ample open space shall be provided at a minimum of 30 percent or 1.92 acres at final build out. Parking areas, loading zones, or vehicular use areas shall not be included in the 30 percent requirement. Pedestrian and bicycle paths and gathering spaces may be permitted as open space. Open space must be vegetated or surfaced with permeable technologies. Open spaces may be used for stormwater collection, landscape art, pathways and trails, gardens, or other low impact uses and activities that demonstrate the objectives of the TwispWorks 2010 master plan, as it currently exists or is amended. The construction of green (or vegetated roofs) or vertical walls may only qualify as open space if the green roof system can be visible at street level or accessible to the general public for viewing.

(6) Administration. All uses and activities must be approved by the town of Twisp planning administrator and PDA management for compliance with the district use for the C-1 zoning district and this PDA overlay. The PDA or project sponsor must submit an impact assessment checklist provided by the town of Twisp and appropriate administrative form provided by the PDA, which includes a parking plan and traffic count as described above.

The administrator shall determine within 15 days of receipt of the checklists whether the use shall be permitted, permitted with conditions, denied or requires more information for a determination. All conditions, denials or further requirements shall be made in writing to the PDA.

In recognition of the flexible nature of the activities and development of the PDA TwispWorks site, the town of Twisp has the authority to liberally construe the application of uses and activities to the PDA site. In the occurrence that a particular use or activity is proposed on site that is not found within the district use chart, the use of an administrative permit, as provided for in this title, may be waived if the administrator finds the following criteria are met:

(a) The use or activity supports the programs of the PDA, and the PDA board or management has approved the use.

(b) The use or activity upholds the town of Twisp performance and development standards set forth in this title.

The requirement of an administrative permit or conditional use permit may be authorized by the administrator if the impact of the proposed use or activity cannot meet the development or performance standards requisite of this title. (Ord. 632 § 3, 2011)