Chelan County Unincorporated
City Zoning Code

The purpose of this chapter is to provide development regulations for the Peshastin community that are consistent with, and implement, the Peshastin sub-area comprehensive plan. The standards are specific to each district and are described in the different sections of this code. No building, structure or land shall be used or occupied, and no building or structure or part thereof shall be erected, moved, reconstructed, extended, enlarged or altered except in compliance the provisions of this code. Unless otherwise regulated by this chapter, development in the Peshastin urban growth area shall comply with all other applicable provisions of the Chelan County Code, including, but not limited to, regulations governing development, design, procedures, land divisions, critical areas, etc.

Production, processing, collective gardens, and cooperatives of any marijuana or cannabis products, all as defined pursuant to Chapters 69.50 and 69.51A RCW, are each prohibited and not allowed in any zone in unincorporated Chelan County, including the Peshastin UGA.

Marijuana research activities, facilities, and uses are hereby permanently prohibited in all areas of unincorporated Chelan County, including, but not limited to, urban growth areas.

No application for a building permit, conversion or change in use permit, certificate of occupancy, tenant improvement permit, variance, conditional use permit, or other use or development permit or approval of any kind whatsoever for such uses shall be accepted as either consistent or complete by any county department.

Residential Districts. The residential classifications are for areas which are, or will become, residential. Additionally, trails, pathways and associated amenities necessary to provide linkages throughout the community and to support recreation, alternative travel, natural corridors and physical activity are a necessary component of this classification. Downward lighting is also needed to prevent light pollution during night-time hours. The three residential classifications are:

Downtown Commercial (C-D). The C-D classification is for areas which are, or will become, primarily commercial with a strong pedestrian-friendly design component. Second-story residential housing is considered a compatible land use. Additionally, trails, pathways and associated amenities necessary to provide linkages throughout the community and to support recreation, alternative travel, natural corridors and physical activity are a necessary component of this classification. Downward lighting is also needed to prevent light pollution during night-time hours. Aesthetic and pedestrian amenities including but not limited to open space, landscaping, benches, adequate landscaped parking areas and maximum building heights will be required. Noise and other external impacts will be adequately mitigated, including, but not limited to, screening of external building features such as mechanical equipment, refuse and other storage areas. Proper and adequate capital facilities including but not limited to public water, public wastewater, transportation, including transit facilities, and stormwater control will be implemented.

Highway Commercial (C-H). The C-H classification is for areas which are, or will become, primarily high intensity and/or larger commercial, retail and/or professional uses. Multifamily residential housing, both long-, medium- and short-term, is considered a compatible land use. Additionally, trails, pathways and associated amenities necessary to provide linkages throughout the community and to support recreation, alternative travel, natural corridors and physical activity are a necessary component of this classification. Downward lighting is also needed to prevent light pollution during night-time hours. Aesthetic and pedestrian amenities including but not limited to open space, landscaping, benches, adequate landscaped parking areas and maximum building heights will be required. Noise and other external impacts will be adequately mitigated, including but not limited to screening of external building features such as mechanical equipment, refuse and other storage areas. Proper and adequate capital facilities including but not limited to public water, public wastewater, transportation, including transit facilities, and stormwater control will be implemented.

Industrial (I). The I classification is for areas which are or will become primarily heavy industrial; however, trails, pathways and associated amenities necessary to provide linkages throughout the community and to support recreation, alternative travel, natural corridors and physical activity are a necessary component of this classification. Downward lighting is also needed to prevent light pollution during night-time hours. Noise and other external impacts will be adequately mitigated, including, but not limited to, screening of external building features such as mechanical equipment, refuse and other storage areas. Proper and adequate capital facilities including but not limited to public water, public wastewater, transportation, including transit facilities, and stormwater control will be implemented.

Campus Industrial (I-C). The I-C classification is for areas which are or will become primarily used for the technology industry and light industrial activities. Residential housing, up to ten percent of the gross floor area of a project, is considered a compatible land use, particularly when the purpose for the residential use is to support/house employees of the overall project. Additionally, trails, pathways and associated amenities necessary to support recreation, alternative travel, natural corridors and physical activity are a necessary component of this classification. Downward lighting is also needed to prevent light pollution during night-time hours. Aesthetic and pedestrian amenities including but not limited to open space, landscaping, benches, adequate landscaped parking areas and maximum building heights will be required. Noise and other external impacts will be adequately mitigated, including, but not limited to, screening of external building features such as mechanical equipment, refuse and other storage areas. All storage of products, supplies and equipment within this zone will be within an enclosed building. Proper and adequate capital facilities including but not limited to public water, public wastewater, transportation, including transit facilities, and stormwater control will be implemented.

Public Use (P-U). The P-U classification is for areas which are or will become primarily used for public facilities and services. Additionally, trails, pathways, open space, parks and associated amenities necessary to support recreation, alternative travel, natural corridors and physical activity are a necessary component of this classification. Downward lighting is also needed to prevent light pollution during night-time hours. Aesthetic and pedestrian amenities including but not limited to open space, landscaping, benches, adequate landscaped parking areas and maximum building heights will be required.

A district use chart is established and contained herein as a tool for the purpose of determining the specific uses allowed in each use district. No use shall be allowed in a use district that is not listed in the use chart as either permitted, accessory or conditional use, unless the administrator determines, by a written administrative interpretation that may be appealed to the hearing examiner, that an unlisted use is similar to one that is already enumerated in the use chart and may therefore be allowed, subject to the requirements associated with that use and all other applicable provisions.

Short-term rental land uses are commercial uses subject to all provisions of Section 11.88.290 except where expressly stated otherwise in this section.

The following acronyms apply to the following use chart:

Dimensional Standards. All development within the Peshastin urban growth area[1] shall comply with the following minimum dimensional standards:

Signs. Within the C-D, C-H, I, I-C and P-U zones, signs are permitted as accessory structures, except as identified in Section 11.22.030 for off-premises signs, and are required to meet the following provisions, in addition to the provisions of Chapter 11.92, Signs:

Off-Street Parking Requirements. Off-street parking shall be provided for all development within the Peshastin urban growth area as prescribed in Chapter 11.90 of this title, except as provided below:

Landscape Standards. All development other than single-family and duplex dwellings and development in the C-D zone shall be consistent with Chapter 15.50.

Open Space/Recreation. The purpose of this section is to require the retention and enhancement of open space areas within the community to maintain the small-town character of Peshastin, and to enhance the overall appearance of the community. Any use that involves multifamily residential development, other than single-family and duplex dwellings and development in the C-D and I zones, is subject to the following provisions:

Light and Noise. All development within the Peshastin urban growth area shall comply with the following standards to reduce impacts to surrounding properties, wildlife and the night sky:

Access and Travelways. All development shall ensure provisions are made for safe and convenient pedestrian and/or bicycle access to circulation systems that link lots, tracts and/or buildings, particularly to adjoining parks and trail systems. Trail systems shall provide continuity of public access and/or facilitate their eventual connection to other areas incrementally through time.

Street Design Amenities. Street design amenities such as benches, planters, etc. shall be placed at twenty-foot intervals adjacent to all development in the C-D and C-H zones. Said amenities may be placed on the sidewalk and/or within the public right-of-way, as approved by the County. Within the C-D zone, said street amenities shall include living plant materials in containers at least every ten feet, which shall be required in place of the landscaping requirements provided for herein. Development and maintenance of planting strips within the right-of-way may substitute, or partly replace, street design amenities at the county’s discretion and with an enforceable agreement.

Storage. All development within the Peshastin urban growth area shall comply with the following storage standards:

Livestock. The keeping of livestock and poultry is an accessory use, as identified in Section 11.22.030, subject to the following provisions:

Utility Uses/Structures. All utility uses/structures shall meet the following regulations, in addition to other applicable provisions of this title:

Multifamily Development. The following regulations shall apply to all multifamily housing developments that may be authorized by this chapter:

Bed and Breakfasts. Bed and breakfast facilities shall be permitted as identified in Section 11.22.030, consistent with the requirements of Section 11.88.210 and any applicable requirements of Chapter 11.93 where authorized through a conditional use permit process.

Big Box Retail. Commercial buildings, which are located within the C-H zoning district, that are at least ten thousand square feet in size are considered “big box retail” for the purposes of this chapter. The purpose in regulating big box retail is to maintain and address the unique qualities of the community, the tourist industry and the natural environment. In addition to all other requirements of this chapter (such as, but not limited to, off-street parking, landscaping, street design amenities, etc.), the following standards shall apply to all big box retail development:

Sewer Connections within the Peshastin Sewer Service Boundary.

Notice to Title. All building permits, development permits and land divisions within five hundred feet of existing agricultural activities shall have the following notice placed on the title of all affected parcels:

This parcel is within or near current agricultural land on which a variety of agricultural activities may occur that impact residential development and use. Agriculture is considered a priority land use in Chelan County.

Purpose. The purpose of a planned development (PD) is to allow a more flexible use of land by encouraging the careful application of design components to achieve the creation of innovative developments and a more efficient utilization of public facilities in exchange for public benefits that achieve comprehensive plan goals. The PD can also be used to protect wetlands, floodways, and other critical areas from development. A PD is one that permits diversity in the location and type of structures; promotes the efficient use of land by facilitating a more economical arrangement of buildings, streets, utilities, and land use; preserves as much as possible critical areas and natural landscape features; and reduces development impacts to adjacent neighborhoods through design and mitigation.

Designation of a property as a PD binds the property owners and their successors to the development described and depicted in the application, binding site plan or preliminary subdivision and approval of the PD, and applicable development standards of this chapter. The PD designation confirms the PD is consistent with the purpose of and provisions for planned developments and the comprehensive plan and provides the standards by which subsequent development permits, including building permits, shall be reviewed. All provisions, conditions and requirements of the binding site plan shall be legally enforceable on the purchaser or any other person acquiring a lease or other ownership interest of any lot, parcel or tract recreated pursuant to the binding site plan that depicts the PD.

A PD shall be reviewed according to the provisions for a quasi-judicial review application process as described in Title 14, Development Permit Procedures and Administration, except as otherwise provided for in this section. There are established by this chapter provisions governing a residential planned development. This is a PD devoted solely to full-time residential uses. It is intended to promote more economical and efficient use of the land, while providing a harmonious variety of housing choices within a single residential project.

Where Permitted and Permitted Uses. Planned developments, when approved in accordance with all applicable codes and this chapter, are established as a development permit and, as such, do not reclassify the existing zoning district designation.

Protection of Critical Areas and Provision of On-Site Recreation. The following standards apply to a PD:

Dedicated Lands. All lands dedicated for the preservation of critical areas, creation of open space or establishment of recreation facilities shall be protected in perpetuity by recorded covenants, approved by the county, which restrict uses to only those specified in the approved planned development site plan and provide for the maintenance of the open space in a manner which assures its continuing use for the intended purpose. Dedicated open space may be held in common interest by all of the property owners within the planned development, a public or private entity empowered to manage and maintain the open space, or by other appropriate legal measures that ensure the continuation of the open space/recreation areas. Perpetual restrictions shall be placed upon the title to all dedicated areas and on the face of the binding site plan or subdivision indicating that:

Density Credits. The following standards apply to a PD that chooses to include density credits:

Binding Site Plan or Subdivision. A binding site plan is required for all multifamily PDs or a subdivision is required for single-family lot PDs and shall include the following:

Project Description. A detailed written explanation of the design concept, planned features of the development, measures taken to meet the purposes of the PD, the proposed sequence and timing of development, the provisions of ownership and management when developed, and covenants or other controls which might influence the development, operation or maintenance of the PD shall be submitted with the binding site plan or subdivision.

Association Documents. An outline of the documents of the homeowner’s association, by-laws, deeds, covenants and agreements governing ownership, maintenance and operation of the PD shall be submitted with the binding site plan or subdivision if applicable to the development. PD covenants shall include a provision whereby unpaid taxes on all property owned in common shall constitute a proportioned lien on all property of each owner in common. The county may require that it be a third party beneficiary of certain covenants with the right but not obligation to enforce the same.

Phased Developments. If a PD is planned to be completed in more than five years from the date of site plan approval, the PD will be divided into phases or divisions of development, numbered sequentially in the order construction is to occur.

Required Certificates and Approval. Recording a binding site plan or subdivision shall include all of the certificates required for a final plat.

Recording Required. A binding site plan or subdivision of a PD and accompanying documents, together with covenants running with the land, binding the site to development in accordance with all the terms and conditions of approval, shall be recorded by the Chelan County auditor.

Minor Adjustments and Amendments. Minor adjustments to a PD may be authorized by the county through a full administrative review process as identified in Title 14. Minor adjustments are characterized by those which may affect the precise dimensions, siting of buildings or lot lines, but which do not affect the type, character and/or architectural style of buildings; increase the total amount of building floor area; increase the number of dwelling units, decrease or substantially change the location of required buffers; decrease the amount of required parking; decrease on-site recreation or open space areas and/or increase the number of points of ingress and egress to the site. Modifications that exceed the conditions of a PD approval are inconsistent with the intent of the approved PD, and/or are not minor adjustments, as determined by the county, shall be considered a request for a major revision to the PD and shall be reviewed and approved in accordance with the procedures of this section as a new application. The new application shall be reviewed according to the applicable regulations in effect at the time of new application.

Expiration. A binding site plan or subdivision for a PD expires unless final approval is obtained from the county and recorded by the Chelan County auditor within five years from the date of approval. For a PD that includes phases as permitted by this chapter, the PD shall expire unless final approval is obtained for the first phase from the county, with subsequent phases falling within the identified phasing schedule, and recorded by the Chelan County auditor within five years from the date of approval. Minor revisions to the phasing schedule of a PD that has not expired pursuant to this section may be granted by the county, provided the schedule is consistent with the overall timeframe anticipated for build-out of the PD. An applicant who files a written request with the county within thirty days before the expiration date shall be granted a one-year extension upon a showing of a good faith effort to file the final binding site plan or final subdivision.

On-Site Recreation and/or Open Space Design Requirements. The following are minimum design requirements for PDs that incorporate on-site recreation and/or open space:

Minimum Development Standards. Within a PD the following minimum standards shall apply: