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Colville City Zoning Code

ARTICLE II

ZONING DISTRICTS

§ 17.08.010 Text and official zoning map.

The city is divided into zones, or districts, as shown on the official zoning map which, together with all explanatory matter thereon, is adopted by reference and declared to be a part of this title. The districts shown on the map and described in this title are:
Single-Family Suburban
R-1-S
Single-Family Residential
R-1
Multifamily Residential
R-2
General Residential
R-3
Neighborhood Mixed Use
NMU
Central Business
C-2
General Commercial
C-3
Light Industrial
LI
Industrial
I
Open Space and Conservation
OS
Critical Resource Areas Overlay
CRA
Floodplain Management Overlay
FM
Airport Landing Overlay
AL
Airport Facilities
AF
Pedestrian Core Overlay
PC
If, in accordance with the provisions of this title and Chapter 35.63 RCW, changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map promptly after the amendment has been approved by the city council, with an entry on the official zoning map stating the date of the official action of the city council and the changes.
No changes of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedures in this title. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this title and punishable as provided under Chapter 17.124 CMC.
Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map located in the Colville office of building and planning shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the city.
(Ord. 1160 NS § 1, 1997; Ord. 1184 NS § 2, 1999; Ord. 1488 NS § 14, 2012; Ord. 1692 NS § 2, 2022)

§ 17.08.020 Replacement of official zoning map.

In the event that the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the city council may by resolution adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map or any subsequent amendment. The new official zoning map shall be identified by the signature of the mayor attested by the city clerk, and bearing the seal of the city under words that certify that the map supersedes and replaces the official zoning map.
Unless the prior official zoning map has been lost, or has been totally destroyed, the prior map or any significant parts remaining, shall be preserved, together with all available records pertaining to its adoption or amendment.
(Ord. 1160 NS § 1, 1997)

§ 17.08.030 District boundaries.

The district boundary lines are indicated on the adopted zoning map.
Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines.
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
Boundaries indicated as approximately following city limits shall be construed as following such city limits.
Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, rivers, or other bodies of water shall be construed to follow such centerlines.
Boundaries indicated as parallel to or extensions of features indicated in subsections A through E of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale on the map.
Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by this chapter, the zoning board of adjustment shall interpret the district boundaries.
(Ord. 1160 NS § 1, 1997)

§ 17.08.040 Extension of regulations.

Where a district boundary line divides a lot which was in single ownership at the time of passage of the ordinance codified in this title, the zoning board of adjustment may permit, as a conditional use, the extension of the regulations for either portion of the lot not to exceed 50 feet beyond the district line into the remaining portion of the lot.
(Ord. 1160 NS § 1, 1997)

§ 17.12.010 General provisions.

The regulations in each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, unless indicated otherwise.
In figuring the units permitted, decimals shall be rounded off to the next whole number: 0.1 to 0.4 shall be rounded down; 0.5 to 0.9 shall be rounded up.
Where the official city street and highway map shows a future width greater than the dedicated width, setbacks shall be measured from the proposed future street width line.
(Ord. 1160 NS § 1, 1997)

§ 17.12.020 Conformity to regulations required.

No building, structure, or land shall be used or occupied, and no building or structure or part thereof shall be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations specified for the district in which it is located.
(Ord. 1160 NS § 1, 1997)

§ 17.12.030 Noncomplying erection or alteration prohibited.

No building or other structure shall be erected or altered:
To exceed the height;
To accommodate or house a greater number of families;
To occupy a greater percentage of lot area;
To have narrower or smaller rear yards, front yards, side yards, or other open spaces than required; or in any manner contrary to the provisions of this title.
(Ord. 1160 NS § 1, 1997)

§ 17.12.040 Limitations on yard use for purposes of compliance.

No part of a yard, or other open space required in connection with any building for the purpose of complying with this title, shall be included as part of a yard or open space similarly required for any other building.
(Ord. 1160 NS § 1, 1997)

§ 17.12.050 Yard or lot dimensions.

No yard or lot existing at the time of passage of the ordinance codified in this title shall be reduced in dimension or area below the minimum requirements in this title. Yards or lots created after the effective date of the ordinance codified in this title shall meet at least the minimum requirements established by this title.
(Ord. 1160 NS § 1, 1997)

§ 17.12.060 Zoning upon annexation.

All territory which is annexed to the city shall be designated on the zoning map as provided for in the comprehensive plan. Requests to alter the zoning on property shall follow the procedure in Chapter 17.96 CMC.
(Ord. 1160 NS § 1, 1997)

§ 17.12.070 Uses.

Table 17.12.070 indicates permitted and conditionally permitted uses in the various base districts. Permitted uses are allowed as a matter of right. Because of considerations of traffic, noise, lighting, hazards, health and environmental issues, certain uses may be permitted subject to a conditional use permit. For purposes of this section the following apply:
"P" indicates a permitted use.
"C" indicates a use that requires a conditional use permit.
Numbers in parenthesis indicate applicable notes/requirements located below the table.
Uses allowed in the overlay districts are addressed in the applicable chapters.
Table 17.12.070: Permitted and Conditionally Permitted Uses in Base Zone Districts
Use
Zoning District
R-1-S
R-1
R-2
R-3
NMU
C-2
C-3
LI
I
OS
AF
Residential Uses
Accessory dwelling units (ADUs)
P(52)
P(52)
P(52)
P(52)
P(52)
Bed and breakfast facilities
P
P
P
P
P(50)
P
Boarding houses
P
P
P
Duplex
P
P
P
P
P(50)
C(36)
P(1) (42)
Group housing for five or less developmentally disabled
P
P
P
P
P
Home occupations
P
P
P
P
P
C
P
Housing for people with functional disabilities
C
P
P
P
P
Manufactured home
P
P(41)
P(2)
P
P(41)
C(37)/
P(36)
P(1)
P(3)
P(3)
P(4)
Manufactured home parks
P(5)
P(5)
P
P(5)
C(5)
Multifamily dwellings
P
P
P(50)
P(6)
P(1)
Multifamily – detached dwellings
P
P
P(50)
P(1)
Recreational vehicle as dwelling unit
P(43)
P(43)
P(43)
P(43)
Single-family residence
P
P
P
P
P(50)
P(6) C(37)/
P(36)
P(1)
P(3)
P(3)
P(4)
Single-family – attached dwelling
P
P
P(50)
P(36)
P(36)
Permanent Supportive Housing (51)
C
C
C
C
C(50)
C
C
Nonresidential Uses
Adult entertainment
P(40)
Airports and landing fields (see AL district)
P(38)
Amusement enterprise (8)
C
P
Animal hospital (9)
C
P
Animal kennels
C
P(10)
Animal grooming (excludes farm and nondomesticated animals)
P(50)
P
P
P
Appliance sales and service
P
P
Athletic/health clubs and studios
P(50)
P
P
Automobile dealer and motor vehicle sales and service
C
P(48)
P(48)
Automobile parts sales
P
P
Automobile repair
C
P
P
Bakery; wholesale or distribution
P
Bakery; retail only
P(50)
P
P
Banks
P
P
Bars and night clubs
P
P
Beekeeping
P(47)
P(47)
P(47)
P(47)
Billiards and pool halls
P
P
Biodiesel operation
C
P
Bottling and processing of beverages
C
P
P
Building materials, lumber yard; retail sales or wholesale
C
P
P
Bus depot
C
P
P
Car wash
P
P
Cafes
P(50)
P
P
P
P
Cemeteries and mausoleums (see AL district)
P
Churches
C
C
C
C
P(50)
C
Circuses, carnivals, and fairgrounds
P(11)
P(12)
Concrete plants and accessory uses
P
P
Cultivation for agriculture, greenhouses, etc.
P
C
C
C
P
Day care centers
C
C
C
C
P(50)
C
P
C
C
Delicatessen
P(50)
P
P
P
P
Drive-throughs (all types)
C
P
P
Dry cleaning and self-service laundromats
P(50)
C
P
Electric vehicle battery charging station
C
P
P
P
P
Equipment rental
C
P
P
Fairs
P
P/C(35)
Family day care provider
P(49)
P(49)
P(49)
P(49)
P(49) (50)
P(49)
P(49)
Farming; general
P
Feed and seed store, retail or wholesale
C
P
P
P(13)
Fountains or ice cream stands
P(14)
P(14)
Fuel oil distribution, retail or wholesale
C
P
P
P(13)
Funeral home and/or crematorium
P
P
Golf course and/or driving range
P
Government offices
C
C
P(15)/
C(16)
P(15)/
C(16)
P(50)
P
P
Grocery and convenience stores
P(50)
P/C(17)
P
Hazardous waste treatment and storage facilities; off-site (18)
P
Hazardous waste treatment and storage; on-site (19)
P
P
P
P
Heavy equipment sales and service, including farm machinery
P(48)
P(48)
Hospitals
C
C
C
C
C
Hotel and motel
P(50)
P
P
Incidental uses, including one private garage/unit and household pets
P
P
P
P
P(50)
P
P
P
P
Industrial equipment and supplies, retail sales
P
P
Institutions of higher education or training
C
C
C
C
C
C
P
Keeping of livestock
P(34)
P(46)
P(46)
P(46)
Landscape nursery
C
C
P
P
Laundry and dry cleaning, dyeing or rug cleaning plant
C
P
Libraries, museums, art galleries, cultural institutions
C
C
C
P
P
Light industrial use, such as manufacture and assembly of products or materials not expressly prohibited in (20)
P
Light manufacturing
C(21)
P
Liquor stores
P
P
Manufacture of cement, lime and plaster of paris
P
Manufacture, compounding, processing, refining treatment and assembly (22)
P
Marine craft; equipment and supply, sales, repair and service of small craft
C
P(48)
P(48)
Meat packing, processing, and sales
C(44)
Medical and dental clinics
C
C
C
P(50)
P
P
Miniwarehouse rental storage facilities
C(23)
P(23)
P
Mobile/manufactured home or RV sales and service
P(48)
P(48)
Natural conservancy areas left in natural state
P
Nursing, retirement, rest and convalescent homes
C
C
C
C
C
C
C
Offices; administrative and executive
P(50)
P
P
P(7)
Offices; professional and general
P(25)
P(25)
P(26) (50)
P(26)
P(26)
P(26)
Other similar uses as determined by administrative official
P/C
P/C
P/C
P/C
P/C
P/C
P/C
P/C
P/C
P/C
P/C
Parking area; public or private
C
P(48)
P(48)
Parks and playgrounds
C
C
C
C
C
C
C
C
Pawnshop
P
Payday lending
P
Plumbing shop
P(50)
C
P
P
Post office
P
P
Pounds
C
Printing shops, newspaper office and blueprinting shop
P
P
P
Private clubs or lodges (24)
C
Public utilities
P
P
P
Recreational facilities (publicly owned), open space, amusement parks, zoos
P/C(35)
Recreational vehicle park
C
C(28)
C(28)
Recycling center
P
Restaurant; drive-in or refreshment stand
C
P
P
Restaurants
P(29) (50)
P(29)
P(29)
P
Retail and trade services
P(50)
P
P
Retail sales accessory to a manufacturing use
P
Sale of products raised on premises
P
Schools; public and private
C
C
C
C
C
C
C
Schools; specialty
C
C
C
C
C
C
P
P
P
P(39)
Secondhand store, thrift store
P(50)
P(45)
P
P
Service station (may include a convenience store)
C
P
P
Sign shop
C
P
P
Storage and freight terminals
C
P
Storage yards
P(33)
Temporary juvenile detention center
C
C
Theaters
P/C(30)
P(31)
Transportation facilities
P
P
Upholstery shop
C
P
P
Utility or communication facility, including telecommunications
C
C
C
C
C
C(27)
P(27)
P
Wholesale warehouse or storage establishments
C(32)
P(32)
P
P
P = permitted     C = conditional
Uses may be affected if property is also in an overlay district (see applicable overlay section)
Key
R-1-S
Single-Family Suburban District
C-2
Central Business District
R-1
Single-Family Residential District
C-3
General Commercial District
R-2
Multifamily Residential District
LI
Light Industrial District
R-3
General Residential District
I
Industrial District
NMU
Neighborhood Mixed Use
OS
Open Space and Conservation District
AF
Airport Facilities District
Notes:
(1)
Provided they meet the standards of Chapter 17.24 CMC.
(2)
Shall be multisectioned by original design, with a width of 20 feet or greater as measured along its entire body length.
(3)
To be occupied by an employee or owner acting as caretaker of a permitted use.
(4)
Used exclusively for security personnel employed by permitted use.
(5)
Provided they meet the standards of Chapter 17.68 CMC.
(6)
Second story and above only.
(7)
Does not exceed 25 percent of the gross floor area of permitted use.
(8)
Includes bowling alley, roller or ice rink, dance hall, shooting gallery, and trampoline.
(9)
Not closer than 200 feet from an R district, housed in a completely enclosed building.
(10)
Provided 100 feet from any property line.
(11)
Provided any livestock are retained within a secure building or fence.
(12)
Does not include fairgrounds.
(13)
Retail only.
(14)
Confectionery stores with or without fountains.
(15)
Where storage of materials and equipment is not a primary function.
(16)
Where storage of materials and equipment is a primary function.
(17)
With greater than 5,000 square feet.
(18)
Subject to state siting criteria in WAC 173-303-285.
(19)
Subject to state siting criteria in WAC 173-303-285 and incidental to a permitted use.
(20)
No commercial or manufacture of the following: acetylene; distillation of alcohol; asphalt and tar; kiln fired brick, tile, terra cotta, fats, oils and soap; fertilizer, garbage, offal, bones and the reduction of dead animals; smeltering of metal; lampblack, stove and shoe polish; oilcloth and linoleum; paint, shellac, turpentine, lacquer and varnish; paper and pulp; petroleum processing; explosive or highly flammable material; tannery and curing of raw hides; acid, ammonia, bleach, chlorine, dye stuff, glue, gelatin and size.
(21)
Provided no increase in noise level, air or visual pollution and that the use complies with CMC § 17.64.160.
(22)
The following materials and operations are prohibited: explosives, distillation of bones, rendering of fat and disposal of dead animals; glue, ammonia, chlorine and bleaching powder; petroleum or gas refining.
(23)
Dead storage (i.e., objects and merchandise) only; flammable or hazardous chemicals or explosives are prohibited. No business shall be conducted in or from a miniwarehouse.
(24)
Excluding those whose principal activity includes a service customarily carried on as a business, such as serving meals and/or alcoholic beverages.
(25)
Excluding wholesale and retail stores, shops, and markets.
(26)
Includes: accountants, attorneys, medical, engineers, architects, insurance, real estate, lumber, savings and loan, stocks and other similar office uses.
(27)
Includes related warehouse facilities or storage establishments.
(28)
Occupancy shall not exceed four weeks and RV parks are prohibited in publicly owned park sites.
(29)
Including sidewalk cafes.
(30)
Drive-in requires CUP.
(31)
Drive-in is permitted use.
(32)
Only when occupying a completely enclosed building.
(33)
Per standards of CMC § 17.64.160(B).
(34)
Per standards in CMC § 17.64.180.
(35)
CUP required if adjacent to R district.
(36)
Only beyond the pedestrian core overlay district; subject to a maximum 10 feet front and/or side green space. Porches may extend into green space.
(37)
Subject to CUP and pedestrian core overlay district.
(38)
Airport facilities including runways, hangars, service facilities such as for aviation fuel, passenger terminal buildings, and all other uses common or incidental to airport use; aircraft sales, repair, rebuild, maintenance service and storage; fixed base operations providing aviation and aircraft services; medical uses such as first aid and/or medical stabilization necessary prior to air evacuation; facilities necessary for the staging of helicopter and fixed-wing air ambulance aircraft including those necessary for ambulances and other emergency vehicles; public structures and uses essential to the welfare of the city (fire stations, pump stations and water storage).
(39)
Schools related to aircraft and flight operations.
(40)
Provided they locate no closer than 1,000 feet from schools, parks, churches, museums and youth oriented businesses.
(41)
Shall meet the definition of "designated manufactured home" and "new manufactured home" as contained in CMC § 17.04.060. The manufactured home shall comply with all local design standards applicable to other homes within the neighborhood in which the manufactured home is to be located.
(42)
Excluding general commercial zoned lands within the airport overlay zone as defined, pursuant to this title.
(43)
Provided they are located within a manufactured home park, or recreational vehicle park (in C-3 district only), pursuant to CMC § 17.64.080.
(44)
Livestock will be allowed on site for receiving only; feed lots/stockyards are prohibited.
(45)
Provided there is no outside storage of inventory.
(46)
Hens only, with approval of a permit application and pursuant to standards of CMC § 17.64.190.
(47)
With approval of a permit application and pursuant to standards of CMC § 17.64.200.
(48)
Provided they meet the standards of their respective zone districts, including Chapters 17.64 and 17.72 CMC.
(49)
Subject to business registration requirements in Chapter 5.02 CMC and licensing requirements by the Washington State Department of Children, Youth and Families; compliance with applicable building, fire, safety, and health codes is required.
(50)
Subject to additional standards and restrictions in Chapter 17.30 CMC, Neighborhood Mixed Use District (NMU).
(51)
As defined within RCW 36.70A.030.
(52)
Subject to standards and restrictions of Chapter 17.78 CMC, Accessory Dwelling Units (ADUs).
(Ord. 1692 NS § 4, 2022; Ord. 1706 NS § 3, 2023)

§ 17.16.010 Purpose and intent.

The purpose of the single-family suburban district is to provide for the orderly transition of sparsely settled or rural areas into urban single-family use with an average density of 4.5 units per acre. It is further the purpose of this district to permit the keeping of some livestock and agricultural uses, subject to such conditions as to insure compatibility with adjacent land uses.
(Ord. 1160 NS § 1, 1997)

§ 17.16.020 Uses.

Examples of uses in the R-1-S district are provided in Table 17.12.070.
(Ord. 1160 NS § 1, 1997)

§ 17.16.030 Development standards.

All development in the R-1-S district shall comply with the following standards:
Minimum lot size and dimensions:
Single-family dwelling:
Minimum lot area: 9,650 square feet.
Minimum lot width: 70 feet.
Duplexes:
Minimum lot area: 14,400 square feet.
Minimum lot width: 100 feet.
Yard requirements:
Front yard: 20 feet.
Rear yard: 15 feet.
Side yard: five feet, except 10 feet on a street side of a corner lot.
Maximum lot coverage: 35 percent.
Building height: three stories or 42 feet, whichever is less.
(Ord. 1160 NS § 1, 1997)

§ 17.16.040 Other applicable regulations.

In addition to the requirements contained in this chapter, the requirements contained in Article III, Supplementary Standards, shall also apply to development in the R-1-S district.
(Ord. 1160 NS § 1, 1997)

§ 17.20.010 Purpose and intent.

The purpose of the single-family residential district is to provide for the enhancement and protection of those areas which serve low-density residential needs. The average density in the district is 4.5 units per acre. The R-1 districts should be located in areas where adequate water, sewer, and street facilities are available and should be protected from the encroachment of incompatible land uses.
(Ord. 1160 NS § 1, 1997)

§ 17.20.020 Uses.

Examples of uses in the R-1 district are provided in Table 17.12.070.
(Ord. 1160 NS § 1, 1997)

§ 17.20.030 Development standards.

All development in the R-1 district shall comply with the following standards:
Minimum lot size and dimensions:
Single-family dwelling:
Minimum lot area: 7,200 square feet.
Minimum lot width: 60 feet.
Duplexes:
Minimum lot area: 10,800 square feet.
Minimum lot width: 60 feet.
Yard requirements:
Front yard: 20 feet.
Rear yard: 15 feet.
Side yard: five feet, except 10 feet on a street side of a corner lot.
Maximum lot coverage: 35 percent.
Building height: three stories or 42 feet, whichever is less.
(Ord. 1160 NS § 1, 1997)

§ 17.20.040 Other applicable regulations.

In addition to the requirements contained in this chapter, the requirements contained in Article III, Supplementary Standards, shall also apply to development in the R-1 district.
(Ord. 1160 NS § 1, 1997)

§ 17.24.010 Purpose and intent.

The purpose of the multifamily residential district is to provide higher density housing for residents who want smaller units with limited private open space to maintain. Multifamily areas should be located to serve as a transitional buffer zone between commercial areas and low density residential areas. The average density of the multifamily residential district is 22 units per acre. This zone should be located on or convenient to arterial or collector streets and where the property can be adequately served by water, sewer, and fire protection services.
(Ord. 1160 NS § 1, 1997)

§ 17.24.020 Uses.

Examples of uses in the R-2 district are provided in Table 17.12.070.
(Ord. 1160 NS § 1, 1997)

§ 17.24.030 Development standards.

All development in the R-2 district shall comply with the following standards:
Minimum lot size: 6,000 square feet.
Residential density provisions: for greater than five units, the minimum lot area requirements shall be increased by 1,300 square feet for each additional unit.
Minimum lot width: 60 feet.
Yard requirements:
Front yard: 20 feet.
Rear yard: 15 feet.
Side yard: five feet, except 10 feet on the street side of a corner lot.
Maximum lot coverage: 50 percent.
Building height: three stories or 42 feet, whichever is less.
(Ord. 1160 NS § 1, 1997)

§ 17.24.040 Other applicable regulations.

In addition to the requirements contained in this chapter, the requirements contained in Article III, Supplementary Standards, shall also apply to development in the R-2 district.
(Ord. 1160 NS § 1, 1997)

§ 17.28.010 Purpose and intent.

The purpose of the general residential district is to provide for a variety of available housing choices and to provide an area for the location of manufactured homes. The average density of the general residential district is 22 units per acre.
(Ord. 1160 NS § 1, 1997)

§ 17.28.020 Uses.

Examples of uses in the R-3 district are provided in Table 17.12.070.
(Ord. 1160 NS § 1, 1997)

§ 17.28.030 Development standards.

All development in the R-3 district shall comply with the following standards:
Minimum lot size: 6,000 square feet.
Residential density provisions: for greater than five units, the minimum lot area requirements shall be increased by 1,300 square feet for each additional unit.
Minimum lot width: 60 feet.
Yard requirements:
Front yard: 20 feet.
Rear yard: 15 feet.
Side yard: five feet, except 10 feet on the street side of a corner lot.
Maximum lot coverage: 50 percent.
Building height: three stories or 42 feet, whichever is less.
(Ord. 1160 NS § 1, 1997)

§ 17.28.040 Other applicable regulations.

In addition to the requirements contained in this chapter, the requirements contained in Article III, Supplementary Standards, shall also apply to development in the R-3 district.
(Ord. 1160 NS § 1, 1997)

§ 17.30.010 Purpose and intent.

The purpose of the neighborhood mixed use district (NMU) is to provide a range of commercial services and housing types to create mixed-use nodes, promote walkability, and maintain a context-sensitive pedestrian scale. This district permits small-scale retail and service providers to be located within close proximity to residences, which, together with design standards and dimensional requirements is intended to encourage walking and the use of non-motorized transportation.
(Ord. 1692 NS § 1, 2022)

§ 17.30.020 Uses.

Examples of uses allowed in the NMU district are provided in Table 17.12.070.
Use Standards.
Restaurants, cafes, bakeries, delicatessens, and similar uses must not to exceed 3,000 square feet not including outdoor dining areas or sidewalk cafes in accordance with CMC § 12.40.070.
Retail and trade services not otherwise prohibited in Table 17.12.070, athletic clubs and grocery or convenience stores must adhere to the following additional standards:
Total square footage is not to exceed 5,000 square feet. Athletic clubs and grocery or convenience stores may have a total square footage of up to 10,000 square feet by issuance of a conditional use permit.
All merchandise and material storage must be fully contained within buildings unless approved in accordance with Chapter 12.40 CMC, Public Property Use Permit.
Business Hours. Hours of operation for all commercial uses within the NMU district shall be limited from 6:00 a.m. to 10:00 p.m.
Lighting Standards.
All lighting fixtures must be shielded to prevent light trespassing outside the property boundaries and to minimize up-light spill and glare.
Flashing lights are prohibited with the exception of holiday and special occasion accent lights.
Color temperature: All on-site exterior lighting shall utilize light sources not to exceed 2,700 kelvin.
Screening Requirements for Commercial Uses. When directly adjacent to a residential use, all commercial uses must provide screening by a fence or wall in accordance with the standards provided in CMC § 17.64.020. Solid waste areas for commercial uses shall be provided in alleys or screened from public areas.
(Ord. 1692 NS § 1, 2022)

§ 17.30.030 Development standards.

All development in the NMU district shall comply with the following standards:
Minimum lot size: 5,000 square feet. 4,000 square feet with rear, abutting alley. Townhouse minimum lot size: 2,000 square feet.
Net density maximum standards, as measured from the boundaries of platted lots:
For parcels containing only residential, the maximum net density shall be 22 units per acre.
For mixed use buildings or developments on a single parcel where a minimum of 800 square feet is utilized as a ground floor, street facing storefront, the maximum net density shall be 34 units per acre.
Minimum lot widths:
Residential Minimum Standards.
Housing type
No rear, abutting alley
When vehicular access is utilized from rear, abutting alley
Detached Single-Family
50 feet
40 feet
Attached Single-Family (Townhouse)
25 feet
20 feet
Duplex
60 feet
50 feet
Multifamily
65 feet
60 feet
New commercial and mixed-use buildings shall have a minimum lot width of 50 feet.
Yard Requirements.
Front yard: 10 feet. Garages facing the street, 20 feet.
Rear yard: 15 feet.
Rear, abutting alley: four feet.
Side yard: five feet, except 10 feet on the street side of a corner lot.
Maximum lot coverage: 60 percent.
Maximum building height: 42 feet.
Mixed uses may be either vertical, where commercial and residential uses are mixed within a single structure, or horizontal, where commercial and residential uses are in separate structures.
Garage Standards. In order to reduce the visual prominence of automobiles and to provide a safe, pedestrian-oriented development pattern, front loaded garages must meet the following standards:
Street facing garages must be set back a minimum of 20 feet from the property line to which the garage faces unless accessed by an alley.
With the exception of two-story platted townhouses, no more than 50 percent of a primary street facing facade width may be devoted to an attached front-loaded garage (see Figure 17.30.030.1).
17.30.030.1.tif
Figure 17.30.030.1
The following additional development standards apply to new commercial buildings and to new multi-family developments in order to maintain a pedestrian oriented scale, and mitigate visual impacts to neighboring properties:
Building Height Plane. When abutting a side yard of a single-story single-family residence, a setback of four inches for every foot of building height above 15 feet must be provided (see Figure 17.30.030.2).
17.30.030.2.tif
Figure 17.30.030.2
Off-Street Parking Orientation. Off-street parking and driveways shall be located to the side or rear of buildings. In no case shall parking be located between a building and the street providing primary access or at intersection corners. Alley access for vehicles shall be encouraged.
Entrance Orientation. Primary building entries should face the street. If the doorway does not face the street, a clearly marked and well-maintained path shall connect the entry to a sidewalk or nonmotorized pathway. Buildings shall have at least one pedestrian entrance oriented to a street.
Window Coverage. A minimum of 20 percent of each street-facing facade shall be comprised of windows or doors.
Architectural Requirements.
Differentiation shall be provided between floors which may include porches, balconies, awnings, trellises, a change in material, recesses, projections, or similar treatment.
Facades greater than 50 feet in length shall incorporate recesses and projections with a minimum two-foot differentiation along at least 20 percent of the length of the facade.
Pitched roofs shall incorporate eaves and contain two or more roof planes. Flat roofs shall provide a decorative cornice at the top of the roof. Rooftop mechanical equipment shall be screened from public view at ground level by incorporation of false roofs, parapets, or by fencing, lattice, or similar material (see Figure 17.30.030.3).
17.30.030.3.tif
Figure 17.30.030.3
Treatment of Blank Side Walls. Uninterrupted expanses of blank side walls longer than 30 feet that are visible from public right-of-way shall be broken up by using one or more of the following (see Figure 17.30.030.4):
Vegetation such as trees, shrubs, groundcover and/or vines adjacent to the wall surface.
Artwork, such as a mural, trellis/vine panels or bas-relief sculpture.
Architectural detailing, reveals, contrasting materials or similar treatment.
17.30.030.4.tif
Figure 17.30.030.4
Additional Standards Applicable to Multifamily Developments.
Pedestrian Circulation. Hard surfaced, ADA accessible pathways between dwelling units and the street are required. Pedestrian connections to other areas of the site, such as parking areas, recreational areas, common outdoor areas, and any pedestrian amenities shall be required, where applicable. The pedestrian circulation system shall be clearly defined and designed to be separated from driveways and parking/loading areas using raised curbs, elevation changes, bollards, landscaping, different paving materials, and/or other similar method. Striping does not meet this requirement.
Common Open Space. Multifamily developments on sites greater than one acre must provide at least 20 percent of the gross site area for common open space purposes. Such areas may include landscaped courtyards, front porches, internal gardens with pathways, children's play areas, or other internal multipurpose recreational and/or green spaces. Spaces shall be large enough to provide functional leisure or recreational activity. To meet this requirement, no dimension shall be less than 10 feet in width (except for front porches). Front porches shall qualify as common open space where no dimension is less than eight feet.
Where vehicular access is utilized from a rear, abutting alley, hard surfacing of the alley to the nearest street, at a minimum, shall be required.
(Ord. 1692 NS § 1, 2022; Ord. 1703 NS § 2, 2023)

§ 17.30.040 Planned unit development applicability and review criteria.

Planned Unit Development Applicability. After the effective date of the ordinance codified in this chapter, development shall be by planned unit development, pursuant to Chapter 17.100 CMC for those areas subsequently annexed where the adopted zoning classification of neighborhood mixed use is provided. The city council may consider waiving this requirement for unincorporated land under five acres in size, following a recommendation by the technical review committee and where a conflict with the intent of the NMU district is not found.
Review Criteria. In addition to the required findings specified within Chapter 17.100 CMC for planned unit developments, the planning commission shall evaluate planned unit development proposals within the neighborhood mixed use zone based on the point system specified in Table 17.30.040. A total of 30 points or greater shall constitute eligibility for a recommendation to approve.
Table 17.30.040 Neighborhood Mixed Use Planned Unit Development Review Criteria
NMU Element
Maximum Points
Connected Neighborhoods: Multimodal connections are provided within 500 feet of any right-of-way either through a traditional or modified grid street pattern or by provision of pathway connections from dead end streets or cul-de-sacs.
10
Housing Variety: Housing types proposed integrate a mixture of the following types: single-family detached homes, townhouses, duplexes, multifamily, or other.
15
Mixed Uses: Incorporation of at least one neighborhood-serving commercial use or mixed occupancy building is provided.
10
Amenities: The proposal provides additional nonrequired elements such as benches, pedestrian lighting, parks, open space, bicycle infrastructure, or similar.
5
(Ord. 1692 NS § 1, 2022)

§ 17.30.050 Other applicable regulations.

In addition to the requirements contained in this chapter, the requirements contained in Chapter 17.64 CMC, Supplementary Standards, shall also apply to development in the NMU district. Where land divisions are proposed within the NMU district in accordance with CMC Title 16, residential zoning and multifamily design standards shall apply.
(Ord. 1692 NS § 1, 2022)

§ 17.32.010 Purpose and intent.

The purpose of the central business district is to serve the majority of commercial, retail businesses, and professional uses forming the central activity center of the city. The intent is to preserve and enhance areas in which pedestrian oriented retail sales and businesses will locate and to encourage consolidated peripheral parking to serve the district.
(Ord. 1160 NS § 1, 1997)

§ 17.32.020 Uses.

Examples of uses in the C-2 district are provided in Table 17.12.070.
(Ord. 1160 NS § 1, 1997)

§ 17.32.030 Development standards.

All development in the C-2 district shall comply with the following standards:
Minimum lot size: no limitation.
Minimum lot width: no limitation.
Yard requirements:
Front yard: zero feet.
Rear yard: zero feet.
Side yard: zero feet.
Maximum lot coverage: 100 percent.
Building height: no limitation.
(Ord. 1160 NS § 1, 1997; Ord. 1324 NS § 1, 2004)

§ 17.32.040 Other development standards.

All business, service, repair, storage, or merchandise display in a C-2 district shall be conducted wholly within an enclosed building, or fully screened area, except for the following:
Off-street parking and loading;
Food and drink service in connection with cafe, restaurant, or other eating establishment.
A cart shall be permitted on the sidewalk in connection with a sidewalk cafe provided the cart does not create a health and safety problem for pedestrians or adjacent uses.
Ground floor street frontage of each structure shall be pedestrian-oriented and designed to accommodate pedestrian-oriented uses to a minimum depth of 50 feet from the front of the structure.
All buildings shall provide ground floor windows along street facades. Required window areas must be either windows that allow views into working areas or lobbies, pedestrian entrances, or display windows. Darkly tinted windows and mirrored windows that block two-way visibility are prohibited on the ground floor along street facades.
Roofs shall drain in such a manner that water will not flow onto sidewalks, adjacent properties or into a sanitary sewer. Paved areas exceeding 1,500 square feet in area shall be provided with approved drainage disposal systems on the property as approved by the city public works department.
(Ord. 1160 NS § 1, 1997; Ord. 1563 NS § 3, 2016)

§ 17.32.050 Other applicable regulations.

In addition to the requirements contained in this chapter, the requirements contained in Article III, Supplementary Standards, Chapter 17.64 CMC, and Chapter 17.72 CMC, Off-Street Parking and Loading, shall also apply to development in the C‑2 district.
(Ord. 1160 NS § 1, 1997; Ord. 1563 NS § 4, 2016)

§ 17.36.010 Purpose and intent.

The purpose of the general commercial district is to serve those commercial and business uses which, because of large space requirements, truck traffic generated, or similar characteristics, should not be located in the central business district of the city. In addition, the purpose of this district is to establish and preserve commercial areas having a variety of uses which are accessible primarily by automobile.
(Ord. 1160 NS § 1, 1997)

§ 17.36.020 Uses.

Examples of uses in the C-3 district are provided in Table 17.12.070.
(Ord. 1160 NS § 1, 1997)

§ 17.36.030 Development standards.

All development in the C-3 district shall comply with the following standards:
Minimum lot size: no limitation.
Minimum lot width: no limitation.
Yard requirements:
Front yard: zero feet.
Rear yard: zero feet; except 10 feet if adjacent to an existing residential use.
Side yard: zero feet; except five feet if adjacent to an existing residential use.
Maximum lot coverage: 100 percent.
Building height: no limitation.
Roofs shall drain in such a manner that water will not flow onto sidewalks, adjacent properties or into a sanitary sewer. Paved areas exceeding 1,500 square feet in area shall be provided with drainage disposal systems on the property as approved by the city public works department.
Automobile, manufactured home, or recreational vehicle (RV), marine craft, or heavy equipment sales lots shall be drained and surfaced with crushed rock or asphalt paving as approved by the city public works department, except those portions of the lot maintained as landscape areas.
(Ord. 1160 NS § 1, 1997; Ord. 1324 NS § 2, 2004; Ord. 1563 NS § 5, 2016)

§ 17.36.040 Other applicable regulations.

In addition to the requirements contained in this chapter, the requirements contained in Article III, Supplementary Standards, Chapter 17.64 CMC, and Chapter 17.72 CMC, Off-Street Parking and Loading, shall also apply to development in the C‑3 district.
(Ord. 1160 NS § 1, 1997; Ord. 1563 NS § 6, 2016)

§ 17.40.010 Purpose and intent.

The purpose of the light industrial district is to provide areas for light industrial uses and manage the development of these uses to minimize or eliminate nuisance factors and hazards, such as excessive smoke, dirt, glare, odors, vibration, heat, noise, increased surface water runoff, and radiation, to surrounding areas.
(Ord. 1160 NS § 1, 1997)

§ 17.40.020 Uses.

Examples of uses in the LI district are provided in Table 17.12.070.
(Ord. 1160 NS § 1, 1997)

§ 17.40.030 Development standards.

All development in the LI district shall comply with the following standards:
Minimum lot area: no limitation.
Minimum lot width: no limitation.
Yard requirements:
Front yard: zero feet.
Rear yard: zero feet; except 20 feet where abutting an R district.
Side yard: five feet.
Maximum lot coverage: 100 percent.
Building height: no limitation.
Automobile, manufactured home, or recreational vehicle (RV), marine craft, or heavy equipment sales lots shall be drained and surfaced with crushed rock or asphalt paving as approved by the city public works department, except those portions of the lot maintained as landscape areas.
(Ord. 1160 NS § 1, 1997; Ord. 1324 NS § 3, 2004; Ord. 1563 NS § 7, 2016)

§ 17.40.040 Other applicable regulations.

In addition to the requirements contained in this chapter, the requirements contained in Article III, Supplementary Standards, Chapter 17.64 CMC, and Chapter 17.72 CMC, Off-Street Parking and Loading, shall also apply to development in the LI district.
(Ord. 1160 NS § 1, 1997; Ord. 1563 NS § 8, 2016)

§ 17.44.010 Purpose and intent.

The purpose of the industrial district is to preserve land for industries which may create a greater degree of hazard or more annoyance than would be permitted in any other use district. Uses such as residential and some retail businesses are not permitted in this zone in order to encourage heavy industry to locate in areas where their operation will be neither injurious to nor hindered by these uses.
(Ord. 1160 NS § 1, 1997)

§ 17.44.020 Uses.

Examples of uses in the I district are provided in Table 17.12.070.
(Ord. 1160 NS § 1, 1997)

§ 17.44.030 Development standards.

All development in the I district shall comply with the following standards:
Minimum lot area: no limitation.
Minimum lot width: no limitation.
Yard requirements:
Front yard: zero feet; except 50 feet where abutting an R district.
Rear yard: zero feet; except 50 feet where abutting an R district.
Side yard: zero feet; except 50 feet where abutting an R district.
Maximum lot coverage: 100 percent.
Building height: no limitation.
(Ord. 1160 NS § 1, 1997; Ord. 1324 NS § 4, 2004)

§ 17.44.040 Other applicable regulations.

In addition to the requirements contained in this chapter, the requirements contained in Article III, Supplementary Standards, shall also apply to development in the I district.
(Ord. 1160 NS § 1, 1997)

§ 17.46.010 Purpose and intent.

The airport facilities district is intended to ensure the continued safe operation of the Colville Airport and reduce conflicts by providing for airport-related facilities.
(Ord. 1160 NS § 1, 1997; Ord. 1184 NS § 4, 1999)

§ 17.46.020 Permitted uses.

Uses permitted in the AF district shall be those directly related to the maintenance and operation of the Colville Airport. Examples of uses permitted in this district are shown in Table 17.12.070.
(Ord. 1160 NS § 1, 1997; Ord. 1184 NS § 4, 1999)

§ 17.46.030 Development standards.

All development in the AF district shall comply with the following standards:
Minimum lot size: no limitation.
Minimum lot width: no limitation.
Yard requirements:
Front yard: zero feet.
Rear yard: zero feet, except 20 feet if adjacent to an existing residential use.
Side yard: zero feet, except 20 feet if adjacent to an existing residential use.
Maximum lot coverage: 100 percent.
Building height: 35 feet, or as necessary to comply with the airport landing overlay district requirements.
(Ord. 1160 NS § 1, 1997; Ord. 1184 NS § 4, 1999; Ord. 1324 NS § 5, 2004)

§ 17.46.040 Other applicable standards.

In addition to complying with the provisions of this district, uses and activities shall comply with the provisions contained in Article III, Supplementary Standards, and Chapter 17.60 CMC, Airport Landing Overlay District (AL). In the event of any conflict between any provisions of the overlay zone and the primary zoning district, the more restrictive provisions shall apply.
(Ord. 1160 NS § 1, 1997; Ord. 1184 NS § 4, 1999)

§ 17.48.010 Purpose and intent.

The purpose of the open space and conservation district is to encourage the retention of lands necessary for open spaces, parks, and similar uses.
(Ord. 1160 NS § 1, 1997; Ord. 1279 NS § 3, 2002)

§ 17.48.020 Uses.

Examples of uses in the OS district are provided in Table 17.12.070.
(Ord. 1160 NS § 1, 1997)

§ 17.48.030 Development standards.

All development in the OS district shall comply with the following standards:
Minimum lot area: no limitation.
Minimum lot width: no limitation.
Yard requirements:
Front yard: 20 feet.
Rear yard: 15 feet.
Side yard: five feet.
Maximum lot coverage: 50 percent.
Building height: three stories or 42 feet, whichever is less.
(Ord. 1160 NS § 1, 1997)

§ 17.48.040 Rezone application.

A request for rezone to OS shall be accompanied by a comprehensive site plan of the area to be rezoned showing all buildings, parking facilities, walls, fences, walkways, and other pertinent information. The request shall be reviewed by the planning commission with a recommendation on the zone change request to the city council. Any change in the construction of the approved development plan will be subject to additional approval of the planning commission.
(Ord. 1160 NS § 1, 1997)

§ 17.48.050 Expiration of OS district approval.

If use of the property as authorized by the zone change has not commenced after a period of one year from the date of final approval, the planning commission may, on its own initiative, consider to rezone the property back to its previous zoning classification before the rezone was granted.
(Ord. 1160 NS § 1, 1997)

§ 17.48.060 Other applicable regulations.

In addition to the requirements contained in this chapter the requirements contained in Article III, Supplementary Standards, shall also apply to development in the OS district.
(Ord. 1160 NS § 1, 1997)

§ 17.52.010 Purpose and intent.

The purpose of this chapter is to protect and preserve critical environmental resources while allowing appropriate development activities when carried out in a responsible manner with minimal impacts on the environmental resources. In addition, the purpose is to protect the public health, welfare and safety of residents of Colville from development in hazardous areas. This chapter replaces the interim critical areas ordinance.
(Ord. 1160 NS § 1, 1997; Ord. 1488 NS § 16, 2012)

§ 17.52.020 General provisions.

The city's critical resource areas map provides generalized information on the location of critical areas, including wetlands, habitat conservation areas, geologically hazardous areas and aquifer recharge/wellhead protection areas. A site specific analysis which indicates that any critical area regulated by this chapter or Chapter 17.56 CMC exists on a lot will result in that portion of the lot being classified as a critical area or floodplain area.
The following features shall not be altered or developed except as permitted by this chapter:
Water features, including rivers, streams, creeks, lakes, ponds and wetlands; or
Areas that provide habitat to priority species; or
Slopes of 40 percent or greater; or
Areas with a critical recharging effect on aquifers used for potable water.
The city requires applicants to demonstrate that development on a site determined to have critical areas will protect the resource by taking one of the following steps (listed in order of preference):
Avoid impacting the resource altogether.
Minimize the impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts.
Rectify the impact by repairing, rehabilitating or restoring the affected environment to the conditions existing at the time of the initiation of the project.
Reduce or eliminate the impact over time by preservation and maintenance operations during the life of the action.
Compensate for the impact by replacing, enhancing, or providing substitute resources or environments.
If a critical resource area on the property that is being developed in the city crosses a jurisdictional line, the city of Colville shall coordinate with Stevens County in the review of the project.
(Ord. 1160 NS § 1, 1997)

§ 17.52.030 Uses.

Uses allowed on a lot containing or within 200 feet of a critical area shall be the same as those listed in the use zone in which the lot is located. Each use shall be evaluated using the review process required for the use in the zone in conjunction with the requirements of this chapter and applicable state and federal regulations. Nothing in this chapter is intended to preclude the reasonable use of property.
(Ord. 1160 NS § 1, 1997)

§ 17.52.040 Review.

Site plan review, in accordance with Chapter 17.92 CMC, shall be obtained prior to any clearing or development activities within 200 feet of a critical area, identified on the city maps, except in the case of an aquifer recharge/wellhead protection area in which site plan review shall be obtained for new commercial or industrial uses or a change in use if the use is listed or is similar to a listed use categorized as a high or moderate risk in the Stevens County Critical Aquifer Recharge Study, Table 2. Activities listed in subsection C of this section are exempt from site plan review.
A technical study identifying the precise area of critical resource and its function and resource value shall be submitted as part of the application. The study shall be prepared by experts with demonstrated qualifications in the area of concern. The city may retain consultants at the applicant's expense to assist in the review of the technical study if needed.
The following activities shall be allowed in critical areas without site plan review provided they are not prohibited by any other chapter or law and provided they are conducted using best management practices and at a time designed to minimize adverse effects to the critical resource:
Conservation or preservation of soil, water, vegetation, fish, shellfish, and other wildlife;
Outdoor recreational activities which do not involve disturbance of the resource or site area, including fishing, hunting, bird watching, hiking, boating, horseback riding, swimming, canoeing, and bicycling;
The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops and provided the harvesting does not require tilling of soil, planting of crops, or alteration of the resource by changing existing topography, vegetation, water conditions or water sources;
Education, scientific research, and use of nature trails;
Existing and ongoing agriculture activities, including farming, horticulture, aquaculture, irrigation, ranching or grazing of animals. Activities on areas lying fallow as part of a conventional rotational cycle are part of an ongoing operation. Activities which bring an area into agricultural use are not part of an ongoing operation. An operation ceases to be ongoing when the area on which it was conducted has been converted to another use or has lain idle for more than 18 months;
Normal and routine maintenance of legally constructed irrigation and drainage ditches, provided that this exemption shall not apply to any ditches used by salmonids;
Normal and routine maintenance, repair or operation of existing serviceable structures, facilities, or improved areas. Maintenance and repair does not include any modification that changes the character, scope, or size of the original structure, facility, or improved area and does not include the construction of a maintenance road; and
Minor modification of existing serviceable structures within a buffer zone where modification does not adversely impact functions of the critical area.
(Ord. 1160 NS § 1, 1997)

§ 17.52.050 Wetlands.

The existence of a wetland and the location of its boundary shall be determined by the applicant through the performance of a field investigation applying a methodology acceptable to the U.S. Army Corps of Engineers or Washington Department of Ecology (DOE). Qualified professionals shall perform wetland determinations and delineations using the methodology acceptable to the U.S. Army Corps of Engineers or Washington DOE.
A wetland containing features satisfying the criteria of more than one of the following categories shall be classified in the highest applicable category. A wetland can be classified into more than one category when distinct areas which clearly meet the criteria of separate categories exist.
Category I Wetland (Exceptional Resource Value) Criteria.
Documented habitat for designated endangered or threatened species or for species that are candidates for listing under Section 8 of the Endangered Species Act by state or federal agencies; or
High-quality native wetland communities, including documented Category I or II quality natural heritage wetland sites and sites which qualify as a Category I or II quality natural heritage wetland; or
High quality, regionally rare wetland communities with irreplaceable ecological functions, including sphagnum bogs and fens, or mature forested swamps.
Category II Wetland (Significant Resource Value) Criteria.
Documented habitat for sensitive species, extirpated plant species, or species of concern recognized by state or federal agencies; or
Regulated wetlands with significant use by fish and wildlife; or
Wetlands contiguous with demonstrated spawning habitat for anadromous fish; or
Streams having demonstrated spawning habitat for anadromous fish.
Category III Wetland (Important Resource Value) Criteria.
Regulated wetlands that do not qualify as Category I, II or IV.
Category IV Wetland (Ordinary Resource Value) Criteria.
Isolated wetlands that are less than one acre in size, have only one wetland class, and have only one dominant plant species.
Isolated wetlands that are less than two acres in size, have only one wetland class, and have a predominance of exotic species.
Minimum buffers based on the rating of the wetland shall be established from a wetland edge as follows:
Category I wetland: 100-foot buffer;
Category II wetland: 50-foot buffer;
Category III wetland: 25-foot buffer;
Category IV wetland: 10-foot buffer;
Any wetland restored, relocated, replaced or enhanced because of a wetland alteration shall have the minimum buffer required for the highest wetland class involved.
The planning commission may through the site plan review process reduce the minimum buffer width, but in no case shall the buffer be less than 10 feet.
The planning commission may allow buffer width averaging; provided, that the total buffer area is not less than that required within the minimum buffer, and that averaging will not reduce the wetland functional values.
If activities result in the loss or degradation of a regulated wetland or buffer, a mitigation or enhancement plan prepared by a qualified expert shall be submitted for review and approval. Any mitigation or replacement wetland shall be located in the same watershed as the impacted wetland(s) of the same category and shall comply with the following ratios (new wetland area to existing):
Category I:
3:1
Category II:
Forested
2:1
Scrub-shrub
1.5:1
Emergent
1:1
Category III or IV:
1:1
The planning commission may increase the ratios under the following circumstances:
If there is uncertainty as to the probable success of the proposed restoration or creation;
If the applicant proposes a significant period of time between the destruction of a wetland and the replication of wetland functions in mitigation;
If the proposed mitigation is expected to result in a loss in functional value;
The proposed relocation is off site or the replacement is with out-of-kind compensation;
The wetland was illegally filled or altered.
The planning commission may decrease the ratios if the findings of a wetlands mitigation plan demonstrate that no net loss of wetland functional values will result from the decreased ratio. However, the minimum acreage replacement ratio required shall be 1:1.
(Ord. 1160 NS § 1, 1997)

§ 17.52.060 Habitat conservation areas.

If a development is proposed within 200 feet or within a distance which could impact habitat conservation areas, the applicant shall provide a habitat management plan (HMP), prepared by a qualified expert in the species in question for evaluation by the city, state, and federal agencies. The HMP shall be based on sound habitat management practices and shall be designed to achieve specific habitat objectives. The city shall ask the appropriate resource agencies to review and comment on the development impacts and provisions of the HMP.
(Ord. 1160 NS § 1, 1997)

§ 17.52.070 Geologically hazardous areas.

A minimum 25-foot buffer shall be established from the top, toe or sides of an identified geological hazard, including landslides, earthquake fault lines, or steep slope areas (40 percent or greater). The buffer may be increased if necessary to protect public health, safety and welfare, based on information contained in a geotechnical report prepared by a qualified professional engineer.
The planning commission may allow a reduction in the buffer provided the geotechnical report substantiates the following findings:
The proposed development will not create a hazard to the subject property, surrounding properties or rights-of-way, erosion or sedimentation to off-site properties or bodies of water;
The proposal uses construction techniques which minimize disruption of existing topography and natural vegetation; and
The proposal mitigates all impacts identified in the geotechnical report.
Buffers shall be maintained in native vegetation to provide additional soil stability and erosion control.
(Ord. 1160 NS § 1, 1997)

§ 17.52.080 Aquifer recharge/wellhead protection areas.

In areas designated as high susceptibility for aquifer contamination, all uses shall be connected to the city's sewer system. No new uses on a septic system are permitted in high susceptibility areas of critical aquifer recharge.
For uses locating within the critical aquifer recharge area and requiring site plan review, a disclosure form indicating activities and hazardous materials that will be used shall be provided for review and approval.
Impervious surfaces shall be minimized within the critical aquifer recharge areas.
Best management practices shall be followed by commercial and industrial uses located in the critical aquifer recharge areas.
An emergency response plan shall be prepared and submitted for review and approval by the city.
(Ord. 1160 NS § 1, 1997)

§ 17.52.090 Reasonable use exception.

If application of the requirements in this chapter would deny all reasonable economic use of the lot, development will be permitted if the applicant demonstrates all of the following to the satisfaction of the planning commission when reviewed through site plan review process:
There is no other reasonable use or feasible alternative to the proposed development with less impact on the critical area; and
The proposed development does not pose a threat to the public health, safety and welfare on or off of the subject lot; and
Any alterations permitted to the requirements of this chapter shall be the minimum necessary to allow for reasonable use of the property; and
The inability of the applicant to derive reasonable economic use of the property is not the result of actions by the applicant in subdividing the property or adjusting a boundary line, and creating the undevelopable condition after the effective date of the ordinance codified in this section; and
The proposal mitigates the impacts on the critical area to the maximum extent possible.
(Ord. 1160 NS § 1, 1997)

§ 17.52.100 Nonconforming activities.

A regulated activity that was approved prior to the passage of the ordinance codified in this section and to which significant economic resources have been committed as a follow up to the approval but which does not conform to this chapter may be continued subject to the following:
No such activity shall be expanded, changed, enlarged, or altered in any way that increases the extent of its nonconformity without a permit issued in accordance with this section.
Except for cases of fallowing as part of normal agricultural activity, if a nonconforming activity is discontinued for 12 consecutive months, any resumption of the activity shall conform to this section.
If a nonconforming use or activity is destroyed by human activities or an act of God, it shall not be resumed except in conformity with this section.
Activities or adjuncts thereof that are or become nuisances shall not be entitled to continue as nonconforming activities.
(Ord. 1160 NS § 1, 1997)

§ 17.56.010 Purpose and intent.

The purpose of the flood management overlay district is to promote the public health, safety, and general welfare; reduce the annual cost of flood insurance; and minimize public and private losses due to flood conditions in specific areas designated by the Federal Emergency Management Agency and the Federal Insurance Administration. The requirements of this chapter must be met in addition to those of the underlying zone district. The district is intended to meet the requirements of the federal government to maintain the town's eligibility for resident participation in the flood insurance program. This chapter replaces the flood damage prevention ordinance.
(Ord. 1160 NS § 1, 1997; Ord. 1488 NS § 17, 2012; Ord. 1594 NS § 3, 2017)

§ 17.56.015 Definitions.

The following definitions shall be used in the implementation of this chapter. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used, or as defined in CMC § 17.04.060.
means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letters A or V.
means the flood having a one percent chance of being equaled or exceeded in any given year (also referred to as the "100-year flood"). Designated on flood insurance rate maps by the letters A or V.
means any area of the building having its floor subgrade (below ground level) on all sides.
means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard.
means a general and temporary condition of partial or complete inundation of normally dry land areas from:
The overflow of inland or tidal waters; and/or
The unusual and rapid accumulation or runoff of surface water from any source.
means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood insurance rate maps, and the water surface elevation of the base flood.
means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter found as CMC § 17.56.100(A)(2) (i.e., provided there are adequate flood ventilation openings).
means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
means structures for which the "start of construction" commenced on or after the effective date of the ordinance codified in this chapter.
means a vehicle:
Built on a single chassis;
Four hundred square feet or less when measured at the largest horizontal projection;
Designed to be self propelled or permanently towable by a light duty truck; and
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction or a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
means a walled and roofed building, including a gas or liquid storage tank that is principally above ground.
means the damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:
Before the improvement or repair is started; or
If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
The term can exclude:
1.
Any project for improvement of a structure to correct precited existing violations of state or local heath, sanitary, or safety code specifications which have been previously identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
2.
Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
(Ord. 1594 NS §§ 1, 2, 2017)

§ 17.56.020 Establishment of boundaries.

The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for Stevens County, WA Unincorporated Areas," with accompanying flood insurance rate maps (FIRMs) dated August 16, 1996, and the FIRM for the city of Colville, WA, dated June 5, 1985, including any revisions thereto, and any revisions hereafter, are hereby adopted by reference and declared to be a part of this chapter. The flood insurance study and the FIRMs are on file at the city of Colville office of building and planning, 170 S. Oak Street, Colville, WA 99114. The best available information for flood hazard area identification as outlined in CMC § 17.56.060 shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under CMC § 17.56.060.
(Ord. 1160 NS § 1, 1997; Ord. 1279 NS § 4, 2002; Ord. 1594 NS § 3, 2017)

§ 17.56.030 Warning and disclaimer of liability.

The creation of this district does not imply that all areas outside of the overlay district will always be safe from flooding. Therefore, the establishment of this district shall not create liability on the part of the city, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decisions lawfully made thereunder.
(Ord. 1160 NS § 1, 1997; Ord. 1594 NS § 3, 2017)

§ 17.56.040 Permitted uses.

All uses permitted in the underlying district subject to site plan review and to special building code requirements, so long as the applicant can demonstrate that the proposed development will not increase the risk of flooding or flood damage for properties upstream or downstream of the site.
(Ord. 1160 NS § 1, 1997; Ord. 1594 NS § 3, 2017)

§ 17.56.050 Site plan review.

Site plan review and development permit shall be obtained before construction or development begins within the FM district established in CMC § 17.56.020. The review shall be for all "structures" including manufactured homes and for all other "development" including fill and other activities, as set forth in the definitions (CMC § 17.56.015). Site plan review shall be in accordance with Chapter 17.92 CMC and shall include information necessary to gauge the effect of the proposed development on floodplain management, determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required, and determine if the proposed development is located in the floodway.
(Ord. 1160 NS § 1, 1997; Ord. 1594 NS § 3, 2017)

§ 17.56.060 Use of other base flood data (in A and V zones).

When base flood elevation data has not been provided (in A or V zones) in accordance with CMC § 17.56.020, Establishment of boundaries, the administrative official shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source, in order to administer CMC § 17.56.100, Specific standards, and CMC § 17.56.130, Floodways.
(Ord. 1594 NS § 3, 2017)

§ 17.56.070 Information to be obtained and maintained.

Where base flood elevation data is provided through the flood insurance study, FIRM, or required as in CMC § 17.56.060, obtain and record the actual (as-built) elevation in relation to mean sea level of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.
For all new or substantially improved floodproofed nonresidential structures where base flood elevation data is provided through the FIS, FIRM, or as required in CMC § 17.56.060:
Obtain and record the elevation (in relation to mean sea level) to which the structure was floodproofed.
Maintain the floodproofing certifications required in CMC § 17.92.020(C)(5).
Maintain for public inspection all records pertaining to the provisions of this chapter.
(Ord. 1594 NS § 3, 2017)

§ 17.56.080 Alteration of watercourses.

Notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.
Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.
(Ord. 1594 NS § 3, 2017)

§ 17.56.090 General standards.

In all areas of special flood hazards, the following standards are required:
Anchoring.
All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure;
All manufactured homes must be anchored to prevent flotation, collapse or lateral movement of the structure and shall be installed using methods and practices that minimize flood damage. Anchoring methods include, but are not limited to, use of over-the-top or frame ties to ground anchors.
Construction Materials and Methods.
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
Utilities.
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.
Water wells shall be located on high ground that is not in the floodway.
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters.
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
Subdivision Proposals.
All subdivision proposals shall be consistent with the need to minimize flood damage.
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage.
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
When base flood elevation has not been provided or is not available from another authoritative source it shall be generated at the expense of the property owner by a professional engineer or hydrologist qualified to do so.
Review of Building Permits. Where elevation data is not available either through the flood insurance study, FIRM, or from another authoritative source (CMC § 17.56.060), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above the highest adjacent grade in these zones may result in higher insurance rates.
(Formerly 17.56.060; Ord. 1160 NS § 1, 1997; Ord. 1594 NS § 3, 2017)

§ 17.56.100 Specific standards.

In all areas of special flood hazards where the base flood elevation has been provided as set forth in CMC § 17.56.020, Establishment of boundaries, or CMC § 17.56.060, Use of other base flood data, the following standards are required:
Residential Construction.
New construction and substantial improvement of a residential structure shall have the lowest floor, including basement, elevated to a level equal to or greater than two feet above base flood elevation.
Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed for the entry and exit of flood waters. Designs for meeting this requirement shall be certified by a registered professional engineer or architect.
Nonresidential Construction. New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall:
Be floodproofed so that below one foot or more above the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in CMC § 17.56.070(B).
Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection (A)(2) of this section.
(Formerly 17.56.070; Ord. 1160 NS § 1, 1997; Ord. 1279 NS § 5, 2002; Ord. 1594 NS § 3, 2017)

§ 17.56.110 Manufactured homes.

All manufactured homes in the floodplain to be placed or substantially improved on sites shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated at least two feet above the base flood elevation and is securely anchored to an adequately anchored foundation system in accordance with the provisions of CMC § 17.56.090(A)(1).
(Formerly 17.56.080; Ord. 1160 NS § 1, 1997; Ord. 1279 NS § 6, 2002; Ord. 1594 NS § 3, 2017)

§ 17.56.120 Recreational vehicles (44 CFR 60.3(c)(14)).

Recreational vehicles placed on sites are required to either:
Be on the site for fewer than 180 consecutive days; or
Be fully licensed and ready for highway use, on wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or
Meet the requirements of CMC § 17.56.110 and the elevation and anchoring requirements for manufactured homes.
(Ord. 1594 NS § 3, 2017)

§ 17.56.130 Floodways.

Located within areas of special flood hazard established in CMC § 17.56.020 are areas designated as floodways. Floodways are extremely hazardous areas due to the velocity of flood waters which carry debris, potential projectiles, as well as due to erosion potential. The following provisions apply:
Encroachments, including fill, new construction, substantial improvements, and other development are prohibited unless certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels during the occurrence of the base flood discharge.
Construction or reconstruction of residential structures is prohibited within designated floodways, except for (1) repairs, reconstruction, or improvements to a structure which do not increase the ground floor area, and (2) repairs, reconstruction, or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either (a) before the repair or reconstruction is started, or (b) if the structure has been damaged, and is being restored, before the damage occurs. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or to structures identified as historic places, may be excluded in the 50 percent.
If subsection (A) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of CMC § 17.56.090 through 17.56.120.
(Formerly 17.56.090; Ord. 1160 NS § 1, 1997; Ord. 1594 NS § 3, 2017)

§ 17.56.140 Conditions for variances.

A variance to the requirements in this chapter may be requested and shall be processed in accordance with Chapter 17.88 CMC.
Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, only in order to avoid denying all economic use of the property.
Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry floodproofing, when it can be determined that such action will have low damage potential, complies with all other variance criteria and otherwise complies with other standards of this section.
Any applicant to whom a variance has been granted shall be given written notice that the variance is assumed by the applicant and/or occupant(s) of the resulting development, not the city of Colville.
(Formerly 17.56.100; Ord. 1160 NS § 1, 1997; Ord. 1594 NS § 3, 2017)

§ 17.60.010 Purpose and intent.

The airport landing overlay district is intended to restrict the height of structures and objects of natural growth and to require the marking and lighting of existing and new uses to control the hazard to aircraft as required by Part 77 (Objects Affecting Navigable Airspace) of the Federal Aviation Regulations. In addition, this overlay zone is intended to prevent the establishment of air space obstructions in airport approaches and surrounding areas through height restrictions and other land use controls as deemed essential to protect the health, safety and welfare of Colville residents.
(Ord. 1160 NS § 1, 1997)

§ 17.60.020 Compliance.

In addition to complying with the provisions of the underlying zoning district, uses and activities shall comply with the provisions of the overlay zone. In the event of any conflict between any provisions of the overlay zone and the primary zoning districts, the more restrictive provisions shall apply.
(Ord. 1160 NS § 1, 1997)

§ 17.60.030 Permitted uses.

Permitted uses in the AL district shall be as follows:
Airport facilities, including runways, hangars, service facilities such as for aviation fuel, passenger terminal buildings, and all other uses common or incidental to airport use;
Agricultural uses that do not include buildings or structures;
Underground pipelines and utility wires;
Single-family dwellings, manufactured homes, and duplexes, when authorized in the primary zoning district, provided the landowner signs and records in the deed and mortgage records of Stevens County a hold harmless agreement and aviation and hazard easement and submits them to the airport sponsor and city planning department.
(Ord. 1160 NS § 1, 1997; Ord. 1239 NS § 2, 2001)

§ 17.60.040 Conditional uses.

Because of considerations of traffic, noise, lighting, hazards, health and environmental issues, the following uses may be permitted in the AL district subject to a conditional use permit:
Multifamily dwellings, when authorized in the primary zoning district, provided the landowner signs and records in the deed and mortgage records of Stevens County a hold harmless agreement and aviation and hazard easement and submits them to the airport sponsor and city planning department;
Passive, low-intensity recreation areas which do not include buildings or structures;
Commercial and industrial uses, when authorized in the primary zoning district, provided the use does not result in the following:
Electrical interference with navigational signals or radio communication between the airport and aircraft;
Light or glare making it difficult for pilots to distinguish between airport lights or others;
Impaired visibility;
Creating or increasing bird strike hazards;
Endangering or interfering with the landing, taking off or maneuvering of aircraft intending to use the airport;
Attracting large numbers of people.
Buildings and uses of a public works service or public utility nature.
(Ord. 1160 NS § 1, 1997; Ord. 1239 NS § 4, 2001)

§ 17.60.050 Limitations.

To meet the standards and reporting requirements established in FAA Regulations, Part 77, no structure shall penetrate into the airport imaginary surfaces.
No place of public assembly shall be permitted in the airport approach safety zone.
No structure or building shall be allowed within the clear zone.
Whenever there is a conflict in height limitations prescribed by this overlay zone and the primary zoning district, the lowest height limitation fixed shall govern; provided, however, that the height limitations shall not apply to structures customarily employed for aeronautical purposes.
No glare producing materials shall be used on the exterior of any structure located within the airport approach safety zone.
In noise sensitive areas (within 1,500 feet of an airport or within established noise contour boundaries of 65 Ldn and above for identified airports) where noise levels are a concern, a declaration of anticipated noise levels shall be attached to any building permit and subdivision plat as a note on the face of the plat.
In areas where the noise level is anticipated to be 65 Ldn and above, prior to issuance of a building permit for construction of noise sensitive land use (real property normally used for sleeping or as schools, churches, hospitals, or public libraries), the applicant shall be required to incorporate into the building design measures which will achieve an indoor noise level equal to or less than 45 decibels.
No building permit shall be issued for erection of any new structure or alteration to or expansion of any existing structure that would create an airport hazard due to height or increase the height of an existing airport hazard.
(Ord. 1160 NS § 1, 1997)

§ 17.60.060 Hazard marking and lighting.

Any building permit may be conditioned, if deemed necessary by the airport board to avoid an airport landing hazard, so as to require that the structure or tree in question is marked and/or lighted to indicate to pilots the presence of an airport hazard. Marking and lighting shall be installed, operated and maintained by the local airport authority.
Any existing use not in conformance with the height limitations herein may be required to permit the installation, operation and maintenance of markers and lights if an airport hazard exists.
(Ord. 1160 NS § 1, 1997)

§ 17.62.010 Purpose and intent.

The pedestrian core overlay is intended to preserve the area defined as the pedestrian core within the central business district (C-2) for pedestrian oriented retail sales and businesses.
(Ord. 1160 NS § 1, 1997; Ord. 1184 NS § 5, 1999)

§ 17.62.020 Compliance.

In addition to complying with the provisions of the underlying zoning district, uses and activities shall comply with the provisions of the overlay zone. In the event of any conflict between any provisions of the overlay zone and the primary zoning district, the more restrictive shall apply.
(Ord. 1160 NS § 1, 1997; Ord. 1184 NS § 5, 1999)

§ 17.62.030 Uses.

Examples of uses in the C-2 district are provided in Table 17.12.070.
(Ord. 1160 NS § 1, 1997; Ord. 1184 NS § 5, 1999)

§ 17.62.040 Conditional uses.

While the primary purpose of the pedestrian core overlay district (PC) is for pedestrian oriented retail sales and businesses, it is recognized that some residential uses may be desirable. The following uses may be permitted in the PC district subject to a conditional use permit:
Single-family residence street level, provided the street front of a commercial building is dedicated to viable retail space.
Nursing, retirement, rest, and convalescent homes.
(Ord. 1160 NS § 1, 1997; Ord. 1184 NS § 5, 1999)