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Colville City Zoning Code

ARTICLE II

ZONING DISTRICTS

§ 17.08.010 Text and official zoning map.

A. 
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
B. 
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.
C. 
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.
D. 
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.

A. 
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.
B. 
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.
A. 
Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines.
B. 
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
C. 
Boundaries indicated as approximately following city limits shall be construed as following such city limits.
D. 
Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
E. 
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.
F. 
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.
G. 
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.

A. 
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.
B. 
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.
C. 
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:
A. 
To exceed the height;
B. 
To accommodate or house a greater number of families;
C. 
To occupy a greater percentage of lot area;
D. 
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.

A. 
Table 17.12.070 indicates permitted and conditionally permitted uses in the various base districts.
Base Zoning District Key:
R-1-S: Single-Family Suburban District
R-1: Single-Family Residential District
R-2: Multifamily Residential District
R-3: General Residential District
NMU: Neighborhood Mixed Use
C-2: Central Business District
C-3: General Commercial District
LI: Light Industrial District
I: Industrial District
OS: Open Space and Conservation District
AF: Airport Facilities District
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:
1. 
"P" indicates a permitted use.
2. 
"C" indicates a use that requires a conditional use permit.
3. 
Numbers in parenthesis indicate applicable notes/requirements located below the table.
B. 
Uses allowed in the overlay districts are addressed in the applicable chapters.
Use
Zoning District
R-1-S
R-1
R-2
R-3
NMU
C-2
C-3
LI
I
OS
AF
Residential Uses
Adult family homes
P
P
P
P
P(49)
P(6)
P(1)
Bed and breakfast facilities
P
P
P
P
P(49)
P
Boarding houses
P
P
P(49)
Co-living housing (53)
P
P
P(49)
Duplex
P
P
P
P
P(49)
C(36)
P(1)(42)
Home occupations
P
P
P
P
P
C
P
Manufactured home
P
P(40)
P(2)
P
P(40)
P(6)(36)
P(1)
P(3)
P(3)
P(4)
Manufactured home parks
P(5)
P(5)
P(5)
P(5)
C(5)
Multifamily dwellings
P
P
P(49)
P(6)
P(1)
Multifamily – detached dwellings
P
P
P(49)
P(1)
Recreational vehicle as dwelling unit
P(42)
P(42)
P(42)
P(42)
Single-family residence
P
P
P
P
P(49)
P(6)(36)
P(1)
P(3)
P(3)
P(4)
Single-family – attached dwelling
P
P
P(49)
P(36)
P(36)
Permanent supportive housing
P(53)
P(53)
P(53)
P(53)
P(49)(53)
P(53)
P(53)
Recovery residences - non-clinical
P
P
P
P
P(49)
P(6)(36)
P(1)
Recovery residences - clinical
C(50)
C(50)
Transitional housing
P(53)
P(53)
P(53)
P(53)
P(49)(53)
P(53)
P(53)
Nonresidential Uses
Adult entertainment
P(39)
Airports and landing fields (see AL district)
P(37)
Amusement enterprise (8)
C
P
Animal hospital (9)
C
P
Animal kennels
C
P(10)
Animal grooming (excludes farm and non-domesticated animals)
P(49)
P
P
P
Appliance sales and service
P
P
Assisted living facilities
C
C
C
C
C
C
C
Athletic/health clubs and studios
P(49)
P
P
Automobile dealer and motor vehicle sales and service
C
P(47)
P(47)
Automobile parts sales
P
P
Automobile repair
C
P
P
Bakery; wholesale or distribution
P
Bakery; retail only
P(49)
P
P
Banks
P
P
Bars and night clubs
P
P
Beekeeping
P(46)
P(46)
P(46)
P(46)
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(49)
P
P
P
P
Cemeteries and mausoleums (see AL district)
P
Churches
C
C
C
C
P(49)
C
Circuses, carnivals, and fairgrounds
P(11)
P(12)
Community-based behavioral health facilities
C(50)
C(50)
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(49)
C
P
C
C
Delicatessen
P(49)
P
P
P
P
Drive throughs (all types)
C
P
P
Dry cleaning and self-service laundromats
P(49)
C
P
Electric vehicle battery charging station
C
P
P
P
P
Equipment rental
C
P
P
Essential public facilities
(51)
(51)
(51)
(51)
(51)
(51)
(51)
(51)
(51)
(51)
(51)
Fairs
P
P/C(35)
Family day care provider
P(48)
P(48)
P(48)
P(48)
P(48)(49)
P(48)
P(48)
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(49)
P
P
Grocery and convenience stores
P(49)
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(47)
P(47)
Hospitals
C
C
C
C
C
Hotel and motel
P(49)
P
P
Incidental uses, including one private garage/unit and household pets
P
P
P
P
P(49)
P
P
P
P
Indoor emergency housing
C(49)
C
C
Indoor emergency shelters
C(49)
C
C
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(45)
P(45)
P(45)
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(47)
P(47)
Meat packing, processing, and sales
C(43)
Medical and dental clinics
C
C
C
P(49)
P
P
Miniwarehouse rental storage facilities
C(23)
P(23)
P
Mobile/manufactured home or RV sales and service
P(47)
P(47)
Natural conservancy areas left in natural state
P
Nursing homes
C
C
C
C
C
C
C
Offices; administrative and executive
P(49)
P
P
P(7)
Offices; professional and general
P(25)
P(25)
P(26) (49)
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(47)
P(47)
Parks and playgrounds
C
C
C
C
C
C
C
C
Pawnshop
P
Payday lending
P
Plumbing shop
P(49)
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
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)(49)
P(29)
P(29)
P
Retail and trade services
P(49)
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(49)
P(44)
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)
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.
Above or behind ground floor storefront 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.
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).
38.
Schools related to aircraft and flight operations.
39.
Provided they locate no closer than 1,000 feet from schools, parks, churches, museums and youth oriented businesses.
40.
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.
41.
Excluding general commercial zoned lands within the airport overlay zone as defined, pursuant to this title.
42.
Provided they are located within a manufactured home park, or recreational vehicle park (in C-3 district only), pursuant to CMC § 17.64.080.
43.
Livestock will be allowed on site for receiving only; feed lots/stockyards are prohibited.
44.
Provided there is no outside storage of inventory.
45.
Hens only, with approval of a permit application and pursuant to standards of CMC § 17.64.190.
46.
With approval of a permit application and pursuant to standards of CMC § 17.64.200.
47.
Provided they meet the standards of their respective zone districts, including Chapters 17.64 and 17.72 CMC.
48.
Subject to business registration requirements in CMC Chapter 5.02 and licensing requirements by the Washington State Department of Children, Youth and Families; compliance with applicable building, fire, safety, and health codes is required.
49.
Subject to additional standards and restrictions in CMC Chapter 17.30, Neighborhood Mixed Use District (NMU).
50.
Subject to additional standards provided in § 17.64.210 CMC.
51.
May be subject to an essential public facilities siting process pursuant to RCW 36.70A.200, Stevens County County-wide Planning Policies and the Colville Comprehensive Plan.
52.
Allowed only on lots that would also allow at least six multifamily residential units under the base zoning district standards.
53.
Subject to additional standards provided in § 17.64.220.
(Ord. 1739 NS, 11/25/2025)

§ 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:
A. 
Minimum lot size and dimensions:
1. 
Single-family dwelling:
a. 
Minimum lot area: 9,650 square feet.
b. 
Minimum lot width: 70 feet.
2. 
Duplexes:
a. 
Minimum lot area: 14,400 square feet.
b. 
Minimum lot width: 100 feet.
B. 
Yard requirements:
1. 
Front yard: 20 feet.
2. 
Rear yard: 15 feet.
3. 
Side yard: five feet, except 10 feet on a street side of a corner lot.
C. 
Maximum lot coverage: 35 percent.
D. 
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:
A. 
Minimum lot size and dimensions:
1. 
Single-family dwelling:
a. 
Minimum lot area: 7,200 square feet.
b. 
Minimum lot width: 60 feet.
2. 
Duplexes:
a. 
Minimum lot area: 10,800 square feet.
b. 
Minimum lot width: 60 feet.
B. 
Yard requirements:
1. 
Front yard: 20 feet.
2. 
Rear yard: 15 feet.
3. 
Side yard: five feet, except 10 feet on a street side of a corner lot.
C. 
Maximum lot coverage: 35 percent.
D. 
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:
A. 
Minimum lot size: 6,000 square feet.
B. 
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.
C. 
Minimum lot width: 60 feet.
D. 
Yard requirements:
1. 
Front yard: 20 feet.
2. 
Rear yard: 15 feet.
3. 
Side yard: five feet, except 10 feet on the street side of a corner lot.
E. 
Maximum lot coverage: 50 percent.
F. 
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:
A. 
Minimum lot size: 6,000 square feet.
B. 
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.
C. 
Minimum lot width: 60 feet.
D. 
Yard requirements:
1. 
Front yard: 20 feet.
2. 
Rear yard: 15 feet.
3. 
Side yard: five feet, except 10 feet on the street side of a corner lot.
E. 
Maximum lot coverage: 50 percent.
F. 
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.

A. 
Examples of uses allowed in the NMU district are provided in Table 17.12.070.
B. 
Use Standards.
1. 
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.
2. 
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:
a. 
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.
b. 
All merchandise and material storage must be fully contained within buildings unless approved in accordance with Chapter 12.40 CMC, Public Property Use Permit.
3. 
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.
4. 
Lighting Standards.
a. 
All lighting fixtures must be shielded to prevent light trespassing outside the property boundaries and to minimize up-light spill and glare.
b. 
Flashing lights are prohibited with the exception of holiday and special occasion accent lights.
c. 
Color temperature: All on-site exterior lighting shall utilize light sources not to exceed 2,700 kelvin.
5. 
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:
A. 
Minimum lot size: 5,000 square feet. 4,000 square feet with rear, abutting alley. Townhouse minimum lot size: 2,000 square feet.
B. 
Net density maximum standards, as measured from the boundaries of platted lots:
1. 
For parcels containing only residential, the maximum net density shall be 22 units per acre.
2. 
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.
C. 
Minimum lot widths:
1. 
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
2. 
New commercial and mixed-use buildings shall have a minimum lot width of 50 feet.
D. 
Yard Requirements.
1. 
Front yard: 10 feet. Garages facing the street, 20 feet.
2. 
Rear yard: 15 feet.
3. 
Rear, abutting alley: four feet.
4. 
Side yard: five feet, except 10 feet on the street side of a corner lot.
E. 
Maximum lot coverage: 60 percent.
F. 
Maximum building height: 42 feet.
G. 
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.
H. 
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:
1. 
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.
2. 
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).
Figure 17.30.030.1
I. 
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:
1. 
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).
Figure 17.30.030.2
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.
3. 
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.
4. 
Window Coverage. A minimum of 20 percent of each street-facing facade shall be comprised of windows or doors.
5. 
Architectural Requirements.
a. 
Differentiation shall be provided between floors which may include porches, balconies, awnings, trellises, a change in material, recesses, projections, or similar treatment.
b. 
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.
c. 
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).
Figure 17.30.030.3
6. 
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):
a. 
Vegetation such as trees, shrubs, groundcover and/or vines adjacent to the wall surface.
b. 
Artwork, such as a mural, trellis/vine panels or bas-relief sculpture.
c. 
Architectural detailing, reveals, contrasting materials or similar treatment.
Figure 17.30.030.4
J. 
Additional Standards Applicable to Multifamily Developments.
1. 
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.
2. 
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.
3. 
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.

A. 
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.
B. 
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:
A. 
Minimum lot size: no limitation.
B. 
Minimum lot width: no limitation.
C. 
Yard requirements:
1. 
Front yard: zero feet.
2. 
Rear yard: zero feet.
3. 
Side yard: zero feet.
D. 
Maximum lot coverage: 100 percent.
E. 
Building height: no limitation.
(Ord. 1160 NS § 1, 1997; Ord. 1324 NS § 1, 2004)

§ 17.32.040 Other development standards.

A. 
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:
1. 
Off-street parking and loading;
2. 
Food and drink service in connection with cafe, restaurant, or other eating establishment.
B. 
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.
C. 
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.
D. 
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.
E. 
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:
A. 
Minimum lot size: no limitation.
B. 
Minimum lot width: no limitation.
C. 
Yard requirements:
1. 
Front yard: zero feet.
2. 
Rear yard: zero feet; except 10 feet if adjacent to an existing residential use.
3. 
Side yard: zero feet; except five feet if adjacent to an existing residential use.
D. 
Maximum lot coverage: 100 percent.
E. 
Building height: no limitation.
F. 
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.
G. 
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:
A. 
Minimum lot area: no limitation.
B. 
Minimum lot width: no limitation.
C. 
Yard requirements:
1. 
Front yard: zero feet.
2. 
Rear yard: zero feet; except 20 feet where abutting an R district.
3. 
Side yard: five feet.
D. 
Maximum lot coverage: 100 percent.
E. 
Building height: no limitation.
F. 
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:
A. 
Minimum lot area: no limitation.
B. 
Minimum lot width: no limitation.
C. 
Yard requirements:
1. 
Front yard: zero feet; except 50 feet where abutting an R district.
2. 
Rear yard: zero feet; except 50 feet where abutting an R district.
3. 
Side yard: zero feet; except 50 feet where abutting an R district.
D. 
Maximum lot coverage: 100 percent.
E. 
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:
A. 
Minimum lot size: no limitation.
B. 
Minimum lot width: no limitation.
C. 
Yard requirements:
1. 
Front yard: zero feet.
2. 
Rear yard: zero feet, except 20 feet if adjacent to an existing residential use.
3. 
Side yard: zero feet, except 20 feet if adjacent to an existing residential use.
D. 
Maximum lot coverage: 100 percent.
E. 
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.

A. 
All development in the OS district shall comply with the following standards:
B. 
Minimum lot area: no limitation.
C. 
Minimum lot width: no limitation.
D. 
Yard requirements:
1. 
Front yard: 20 feet.
2. 
Rear yard: 15 feet.
3. 
Side yard: five feet.
E. 
Maximum lot coverage: 50 percent.
F. 
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.

A. 
The purpose of this chapter is to designate, protect and preserve critical environmental resources (also known as Critical Areas) using Best Available Science (BAS) consistent with requirements of the Growth Management Act (GMA), 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.
B. 
Critical areas in the City of Colville are categorized as follows:
1. 
Wetlands.
2. 
Fish and Wildlife Habitat Conservation Areas.
a. 
Local Species of Importance.
3. 
Geologically Hazardous Areas.
4. 
Critical Aquifer Recharge Areas.
5. 
Frequently Flooded Areas (Chapter 17.56).
(Ord. 1747 NS, 1/13/2026)

§ 17.52.020 General Provisions.

A. 
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 list of Critical Area Maps are generally used in the processing of permits, however, other local, state, and national maps may be used, this list is meant to assist the City, its residents, and developers in understanding what critical areas may be on or adjacent to their project area.
Critical Area Maps that may be considered include, but are not necessarily limited to, the following:
1. 
National Wetlands Inventory.
2. 
WDFW Priority Habitats and Species Map.
3. 
DNR Geologic Map.
4. 
Stevens County GIS Map.
5. 
FEMA Flood Maps.
B. 
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):
1. 
Avoid impacting the resource altogether.
2. 
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.
3. 
Rectify the impact by repairing, rehabilitating or restoring the affected environment to the conditions existing at the time of the initiation of the project.
4. 
Reduce or eliminate the impact over time by preservation and maintenance operations during the life of the action.
5. 
Compensate for the impact by replacing, enhancing, or providing substitute resources or environments.
6. 
Compensatory mitigation applies to all designated critical areas. For some types of critical areas (e.g., critical aquifer recharge areas) or for some types of impacts, compensation may not be possible. When compensatory mitigation is not possible, harm to the critical area from development activity shall be avoided.
7. 
Monitoring the impact and taking appropriate corrective action.
C. 
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.
D. 
Functionally Disconnected and Nonfunctioning Buffer Areas.
1. 
Nonfunctioning Buffer Areas. Riparian, wetland, and pond buffers or portions of the buffer areas that are both physically separated from a critical area by a legally established development and not protecting the critical area from adverse impacts shall be excluded from critical area buffers otherwise required by this chapter, provided:
a. 
The nonfunctioning buffer areas occurred due to topographic breaks or a legally established road (not including logging roads), railroad, or other lineal facility, primary structure, or barrier established prior to January 13, 2026, that physically separates and impedes the biological and hydrological functions of a portion of the buffer.
b. 
Where physical separation is caused by a nonconforming primary structure established prior to January 13, 2026, any proposed expansions into a nonfunctioning buffer area shall be limited to the width of the structure, extending away from the critical area.
c. 
The applicant provides the planning department with sufficient information pursuant to this chapter, to determine whether the buffer performs any biological or hydrological function. The planning department may require concurrent technical review by a state or federal agency, or affected tribe.
2. 
Expansion of a Legally Established Nonconforming Structure. If a structure is nonconforming (e.g., lies within an important habitat area or its buffer), expansion of the structure is permitted provided the expansion does not extend into the critical area or associated buffer.
E. 
On Site Sewage (OSS) and drain fields shall be located outside critical areas and Riparian Management Zones (RMZs) to achieve pollution removal efficacy.
(Ord. 1747 NS, 1/13/2026)

§ 17.52.030 Uses.

A. 
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.
B. 
Partial Exemptions of Critical Area Activities. The following uses are exempt from critical area review, but not exempt from the protection standards as outlined within this chapter:
1. 
Projects previously reviewed for critical areas impacts within the last five years;
2. 
Activity Adjacent to Artificial Watercourses. Activity adjacent to artificial watercourses which are constructed and actively maintained for irrigation and drainage; provided, that any activity shall comply with RCW 75.20.100 and 75.20.103[1] by securing written approval from the Washington State Department of Fish and Wildlife; and provided further, that the activity must also comply with all applicable drainage, erosion and sedimentation control requirements for water quality. The operator shall notify the Administrative Official in writing regarding the location and nature of anticipated activities a minimum of 21 days prior to commencing any such activity. Such notification shall be a condition for allowance of this activity as an exemption from the provisions of this Chapter;
[1]
Editor's Note: RCW 75.20.100 and 75.20.103 were recodified and repealed pursuant to 2000 c 107 and 2005 c 146. See now RCW 77.55.021.
3. 
Maintenance, Repair and Operation. Normal and routine maintenance, repair and operation of existing structures, utilities, sewage disposal systems, water systems, drainage facilities, ponds, flood control facilities, electric and communications facilities, and public and private roads and driveways associated with pre-existing residential or commercial use. However, any person engaging in or providing any maintenance or repair activities shall use reasonable methods with the least amount of potential impact to critical areas. Any impacted critical area or its buffer shall be restored after the completion of maintenance/repair activities to the maximum extent practicable;
4. 
Modifications of Buildings. Modification of: (a) an existing single-family residence that does not change the use from residential, does not expand the building footprint, or increase septic effluent and (b) an existing building having other than single-family use which does not expand the building footprint, alter the use, or increase septic effluent. A person granted an exemption under this subsection for a particular building cannot receive another exemption under this subsection for the same building unless 10 years have elapsed from the date of granting of the previous exemption;
5. 
Site Investigations. Site investigation work necessary for land use applications such as surveys, soil and mineral resource explorations, percolation tests, archaeological explorations authorized and approved by all jurisdictional agencies, and other related activities. However, critical area impacts shall be minimized and disturbed areas shall be immediately restored to the maximum extent practicable;
6. 
Landscape Maintenance. Maintenance activities such as mowing, normal pruning, and gardening accessory to single family residential use, provided that such maintenance activities are limited to existing landscaping improvements and do not expand into critical areas or associated buffers, do not expose soils, do not alter topography, do not destroy or clear native vegetation, and do not diminish water quality or quantity;
7. 
Enhancement Activities. Fish, wildlife, wetland and/or riparian enhancement activities not required as mitigation provided that the project is approved by the U.S. Department of Fish and Wildlife, the Washington State Department of Fish and Wildlife and the Washington State Department of Ecology;
8. 
Removal of hazard trees as deemed necessary by a licensed and qualified professional forester or Planning Director.
a. 
Downed trees provide a significant amount of ecological function and wildlife habitat and therefore unintrusive trees must remain where they fell within the buffer.
C. 
Activities Allowed in Critical Areas. The activities listed below are allowed in Critical Areas. These activities do not require submission of a critical area report, except where such activities have the potential to result in a loss of the functions, values or area of a Critical Area or Critical Area buffer. These activities include:
1. 
Existing and ongoing agricultural activities, provided they implement applicable Best Management Practices (BMPs) contained in the latest edition of the USDA Natural Resources Conservation Service (NRCS) Field Office Technical Guide (FOTG); or develop a farm conservation plan in coordination with our local conservation district. BMPs and/or farm plans should address potential impacts to Critical Areas from livestock, nutrients, chemicals, soil erosion, sediment control, and agricultural drainage infrastructure. BMPs and/or farm plans should ensure that ongoing agricultural activities minimize their effects on Critical Areas, water quality, riparian ecology, salmonid populations, and wildlife habitat.
2. 
Those activities and uses conducted pursuant to the Washington State Forest Practices Act and its rules and regulations, WAC 222-12-030, where state law specifically exempts local authority, except those developments requiring local approval for a Class IV General Forest Practice Permit (conversions) as defined in Chapter 76.09 RCW and Chapter 222-12 WAC, provided conditions of that permit are met.
3. 
Conservation or preservation of soil, water, vegetation, fish, shellfish, and/or other wildlife that does not entail changing the structure or functions of the existing Critical Area.
4. 
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, chemical applications, or alteration of the Critical Area by changing existing topography, water conditions, or water sources.
5. 
Drilling for utilities/utility corridors under a Critical Area, with entrance/exit portals located completely outside of the Critical Area buffer, provided that the drilling does not alter the ground water connection to the Critical Area or percolation of surface water down through the soil column. Specific studies by a hydrologist are necessary to determine whether the ground water connection to the Critical Area or percolation of surface water down through the soil column will be altered. Trenching is not allowed by this provision.
6. 
Enhancement of a Critical Area through the removal of non-native, invasive plant species. Removal shall be restricted to hand removal unless permits from the appropriate regulatory agencies have been obtained for approved biological or chemical treatments or mechanical methods. All removed plant material shall be taken away from the site and disposed of properly. Plants that are on the Washington State Noxious Weed Control Board list of noxious weeds should be handled and disposed of according to a noxious weed control plan appropriate to that species. Re-vegetation with appropriate native species to achieve natural densities is allowed and encouraged in conjunction with removal of invasive plants.
7. 
Educational and scientific research activities that do not result in altering the structure or functions of the Critical Area.
8. 
Normal and routine maintenance and repair of any existing, legally established public or private facilities within an existing right-of-way, provided that the maintenance or repair does not expand the footprint of the facility or right-of-way and has no adverse effect on the Critical Area or buffer.
9. 
Stormwater management facilities. A Critical Area or its buffer can be physically or hydrologically altered to meet the requirements of a Low Impact Development (LID) methodology or Flow Control BMP if ALL of the following criteria are met:
a. 
The Critical Area is classified as a Category IV or a Category III wetland with a habitat score of 3-5 points.
b. 
There will be no net loss of functions and values of the Critical Area.
c. 
The Critical Area does not contain a breeding population of any native amphibian species.
10. 
The hydrologic functions of the critical area can be improved as outlined in questions 3, 4, and 5 of Chart 4 and questions 2, 3, and 4 of Chart 5 in Selecting Mitigation Sites Using a Watershed Approach, Eastern Washington (Ecology Publication #10-06-007, or as revised); or the Critical Area is part of a restoration plan intended to achieve restoration goals identified in a shoreline master program or a local or regional watershed plan.
11. 
The Critical Area lies in the natural routing of the runoff, and the discharge follows the natural routing.
12. 
Navigational aids and boundary markers.
13. 
Passive Activities. Passive recreational activities and uses, sport fishing, hunting, scientific and educational activities, or similar minimal impact activities.
14. 
All regulations regarding stormwater and Critical Area management are followed, including but not limited to local and state Critical Area and stormwater codes, manuals, and permits.
15. 
Modifications that alter the structure of a Critical Area or its soils will require permits. Existing functions and values that are lost will need to be compensated.
16. 
Stormwater LID BMPs required as part of new and redevelopment projects may potentially be authorized within Critical Areas and their buffers. However, these areas may contain features that render LID BMPs infeasible. A site-specific characterization is required to determine whether an LID BMP is feasible at the project site.
D. 
Exceptions. If the application of these regulations would prohibit public facilities such as utilities within a Critical Area and/or buffer due to a specific service provision or design constraint, the agency or utility may apply for an exception. Exceptions applications must address mitigation sequencing, and include information meeting the review criteria according to the following:
1. 
There is no other practical alternative to the proposed development with less impact on the critical areas;
2. 
The application of the critical area regulations would unreasonably restrict the ability to provide utility services to the public;
3. 
The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site;
4. 
The proposal attempts to protect and mitigate impacts to the critical area functions and values consistent with best available science; and
5. 
The proposal is consistent with other applicable regulations and standards.
E. 
Emergency Actions.
1. 
An emergency action is an action required to mitigate an unanticipated and imminent threat to the public health or safety or to the environment within a period of time too short to allow full compliance with this Chapter. The following criteria shall exist to qualify any action under an emergency provision:
a. 
There must be an immediate threat to life, public or private property, or an immediate threat of serious environmental degradation arising from a natural condition, or non-natural accident or incident;
b. 
The emergency response shall be confined to the action necessary to protect life or property from damage;
c. 
The scope of the emergency response must be limited to the work necessary to relieve the immediate threat; and
d. 
The emergency response applies only to the period of time in which the actual emergency exists.
2. 
Once the emergency is abated or dissipated as deemed by jurisdictional authorities, compliance with the requirements of this chapter is required.
3. 
Emergency actions shall use reasonable methods that minimize the impact to critical areas and their buffers. Persons who take emergency action shall notify the Public Works Director within one (1) working day following commencement of the emergency activity, who will then notify the Planning staff. Following such notification, the Planning staff shall determine if the action taken was within the scope and definition of allowed emergency actions as defined above. If the Planning staff determines that the action taken or any part of the action taken was beyond the scope and definition of allowed emergency actions, then the enforcement provisions of CMC Chapter 1.10 shall apply;
F. 
Allowed Buffer Uses. The following uses may be allowed within a Critical Area buffer in accordance with the review procedures of this Chapter, provided they are not prohibited by any other applicable law, and they are conducted in a manner so as to minimize impacts to the buffer and adjacent Critical Area:
1. 
Conservation or restoration activities aimed at protecting the soil, water, vegetation, or wildlife.
2. 
Passive recreation facilities designed in accordance with an approved critical area report, including:
a. 
Walkways and trails, provided that they are limited to minor crossings having no adverse impact on water quality. They should be generally parallel to the perimeter of the Critical Area, located only in the outer twenty-five percent (25%) of the Critical Area buffer area, and located to avoid removal of significant [as defined in ordinance], old growth, or mature trees. They should be limited to pervious surfaces no more than five (5) feet in width and designed for pedestrian use only. Raised boardwalks utilizing non-treated pilings may be acceptable.
3. 
Wildlife-viewing structures.
4. 
Educational and scientific research activities.
5. 
Normal and routine maintenance and repair of any existing public or private facilities within an existing right-of-way, provided that the maintenance or repair does not increase the footprint or use of the facility or right-of-way.
6. 
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, chemical applications, or alteration of the Critical Area by changing existing topography, water conditions, or water sources.
7. 
Drilling for utilities/utility corridors under a buffer, with entrance/exit portals located completely outside of the Critical Area buffer boundary, provided that the drilling does not alter the ground water connection to the Critical Area or percolation of surface water down through the soil column. Specific studies by a hydrologist are necessary to determine whether the ground water connection to the Critical Area or percolation of surface water down through the soil column would be disturbed.
8. 
Enhancement of a Critical Area buffer through the removal of non-native, invasive plant species. Removal of invasive plant species shall be restricted to hand removal. All removed plant material shall be taken away from the site and appropriately disposed of. Plants that appear on the Washington State Noxious Weed Control Board list of noxious weeds should be handled and disposed of according to a noxious weed control plan appropriate to that species. Revegetation with appropriate native species at natural densities is allowed in conjunction with removal of invasive plant species.
9. 
Repair and maintenance of legally established non-conforming uses or structures, provided they do not increase the degree of nonconformity.
G. 
Unauthorized Alterations and Enforcement.
1. 
When a Critical Area or its buffer has been altered in violation of this Chapter, all ongoing development work shall stop, and the critical area shall be restored. The Planning Department shall have the authority to issue a stop-work order to cease all ongoing development work and order restoration, rehabilitation, or replacement measures at the owner's or other responsible party's expense to compensate for violation of provisions of this Chapter.
2. 
Requirement for Restoration Plan. All development work shall remain stopped until a restoration plan is prepared and approved by the Planning Department. Such a plan shall be prepared by a qualified professional using currently accepted scientific principles and shall describe how the actions proposed meet the minimum requirements described in subsection G.3 of this section. The Planning Department may, at the owner's or other responsible party's expense, seek expert advice in determining the adequacy of the plan. Inadequate plans shall be returned to the applicant or other responsible party for revision and re-submittal.
3. 
Minimum Performance Standards for Restoration. The following minimum performance standards shall be met for the restoration of a Critical Area, when the owner or other responsible party can demonstrate that greater functions and habitat values can be attained, these standards may be modified:
a. 
The pre-violation structure, functions, and values of the affected Critical Area shall be restored.
b. 
The pre-violation soil types and configuration shall be restored to the extent practicable.
c. 
The Critical Area and buffers shall be replanted with native vegetation that replicates the pre-violation vegetation in species types, sizes, and densities.
d. 
Information demonstrating compliance with other applicable provisions of this Chapter shall be submitted to the Planning Department.
4. 
Site Investigations. The Planning Department is authorized to make site inspections and take such actions as are necessary to enforce this Chapter. The Planning Department shall present proper credentials and make a reasonable effort to contact the property owner before entering onto private property.
5. 
Penalties. Any person, party, firm, corporation, or other legal entity convicted of violating any of the provisions of this Chapter shall be guilty of a misdemeanor and subject to penalties pursuant to CMC Chapter 17.128.
H. 
Development of Existing Lots.
1. 
Existing lots with critical areas and their associated buffers, excluding frequently flooded areas, for which a complete application for a short plat, large lot subdivision, or subdivision as defined within the Colville Municipal Code, was submitted before January 13, 2026, and other legally existing lots may be developed as follows:
a. 
Except for seismic, volcanic, and mine hazard areas, all new construction of structures, facilities, utilities, access driveways and appurtenances shall be located outside of the critical area and the associated buffer unless otherwise permitted in this title;
b. 
New development may be permitted on legal lots containing wetlands or buffers, consistent with other applicable provisions of this title;
c. 
No new development or construction of structures, facilities, utilities, access driveways and appurtenances shall create a public safety risk, as determined by the approval authority;
d. 
Enhancement or restoration (mitigation) of the affected critical area or associated buffer shall be required to offset the impacts of the proposed development, as approved by the approval authority;
2. 
If a legal lot has less than 3,500 square feet of buildable area outside of the critical area and its associated buffer, to accommodate the single family residential development including the primary structure, ordinary appurtenances, landscaping, and accessory structures, the approval authority may allow development to occupy a portion of the critical area buffer to the minimum extent necessary to provide a development site totaling no more than 3,500 square feet provided:
a. 
The development site shall be located away from the critical area or its buffer, to the furthest extent possible;
b. 
The applicant shall demonstrate that due to physical constraints (e.g., topography, soil conditions, or the site's configuration), another configuration would not allow the development to occur without intrusion or with less intrusion into the critical area or buffer than the proposal;
c. 
The location and scale of existing development on surrounding properties shall not be the basis for granting or determining the location, scale and impact of a single family use allowed under this section;
d. 
The encroachment into the critical area buffer shall be consistent with other requirements of this section for development on existing lots, requirements for a critical area review permit, and shall not have an adverse impact on species of concern, as determined by the approval authority;
e. 
Site development, including clearing, grading, construction of structures, utilities, related appurtenances, and landscaping shall occupy the minimum area necessary to accommodate the use;
f. 
Native tree and vegetation removal shall only be permitted to the minimum extent necessary to accommodate the proposed development, and shall not create a public safety risk;
g. 
A restoration plan consistent with this title for disturbed areas shall be submitted with the development application, and shall be completed prior to final occupancy or use;
h. 
Landscaping shall not extend more than 15 feet from the primary structure toward the important habitat or wetland;
i. 
Any new structures within a critical area buffer shall be sited to avoid the creation of hazard trees;
j. 
The approval authority may authorize use of additional area to the minimum extent necessary in a critical area buffer to accommodate a driveway, associated utilities, and/or an onsite sewage disposal system or well, consistent with other requirements of this title, only if there is no alternative; and
k. 
The use of this single-family residential exception shall not be a result of a self-created hardship such as subdividing the property, adjusting a boundary line, or other actions thereby creating the undevelopable conditions after July 24, 2012; and
l. 
All other development or construction of primary structures, accessory structures, and related appurtenances in the critical area and associated buffer shall conform to the provisions set forth herein.
I. 
Signs and Fencing.
1. 
Temporary Markers. The outer perimeter of the Critical Area buffer and the clearing limits identified by an approved permit or authorization shall be marked in the field with temporary high-visibility fencing in such a way as to ensure that no unauthorized intrusion will occur. The marking is subject to inspection by the Planning Department prior to the commencement of permitted activities. This temporary marking shall be maintained throughout construction and shall not be removed until permanent signs, if required, are in place.
2. 
Permanent Signs. As a condition of any permit or authorization issued pursuant to this Chapter, the Planning Department may require the applicant to install permanent signs along the boundary of a Critical Area or buffer.
3. 
Permanent signs shall be made of an enamel-coated metal face attached to a metal post or another non-treated material of equal durability. Signs shall be posted at an interval of one (1) every fifty (50) feet, or one (1) per lot if the lot is less than fifty (50) feet wide, and shall be maintained by the property owner in perpetuity. The signs shall be worded as follows or with alternative language approved by the Planning Department:
Protected Critical Area
Do Not Disturb
Contact The City of Colville
Regarding Uses, Restrictions,
and Opportunities for Stewardship
4. 
The provisions of subsection I.3 of this section may be modified as necessary to assure protection of sensitive features or wildlife.
5. 
Fencing.
a. 
The applicant shall be required to install a permanent fence along the boundary of the Critical Area buffer when adjacent activities could degrade the Critical Area or its buffer. Examples include domestic animal grazing, unauthorized access by humans or pets, etc.
b. 
Fencing installed as part of a proposed activity or as required in this Subsection shall be designed so as to not interfere with species migration, including fish runs, and shall be constructed in a manner that minimizes impacts to the Critical Area and associated habitat.
6. 
Buffer Maintenance. Except as otherwise specified or allowed in accordance with this Chapter, Critical Area buffers shall be retained in an undisturbed or enhanced condition. In the case of compensatory mitigation sites, removal of invasive, non-native weeds is required for the duration of the mitigation bond.
7. 
Impacts to Buffers. Requirements for the compensation for impacts to buffers are outlined in this Chapter.
8. 
Overlapping Critical Area Buffers. If buffers for two critical areas overlap (such as buffers for a stream and a wetland), the wider buffer applies.
(Ord. 1747 NS, 1/13/2026)

§ 17.52.040 Review and Critical Area Reports.

A. 
Administrative review and approval of the site plan shall be obtained prior to any clearing or development activities within 250 feet of a critical area, identified on the city maps. 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. Said expense, should it be deemed warranted by the city, shall be approved by the applicant prior to moving forward with the review and the application.
B. 
A critical area report identifying the precise area of the critical resource and its function and resource value shall be submitted as part of the application. The report 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 critical area report if needed.
C. 
Critical Area Reports.
1. 
If the Planning Department determines that the site of a proposed development includes, is likely to include, or is adjacent to a Critical Area or Critical Area buffer, a Critical Area report, prepared by a qualified professional, shall be required. The expense of preparing the Critical Area report shall be borne by the applicant.
2. 
Minimum Standards for Critical Area Reports. The written report and the accompanying plan sheets shall contain the following information, at a minimum:
a. 
The written report shall include at a minimum:
i. 
The name and contact information of the applicant; the name, qualifications, and contact information of the primary author(s) of the report; a description of the proposal; identification of all the local, state, and/or federal Critical Area-related permit(s) required for the project; and a vicinity map for the project.
ii. 
A statement specifying the accuracy of the report and all assumptions made and relied upon.
iii. 
Documentation of any fieldwork performed on the site, including field data sheets for delineations, rating system forms, baseline hydrologic data, etc.
iv. 
Identification and characterization of all critical areas, water bodies, shorelines, floodplains, and buffers on or adjacent to the proposed project area. For areas off the project site, estimate conditions within 300 feet of the project boundaries using all reliable available information.
v. 
A description of the proposed actions, including an estimation of area of impacts to critical area and buffers based on the field delineation and identification, and an analysis of site development alternatives, including a no-development alternative.
vi. 
An assessment of the probable cumulative impacts to the critical area and buffers resulting from the proposed development, considering past development and potential future development.
vii. 
A description of how mitigation sequencing has been followed, pursuant to the requirements within this chapter.
b. 
The site plan sheet(s) shall include, at a minimum:
i. 
A depiction of the proposed stormwater management facilities and outlets (to scale) for the development, including estimated areas of intrusion into wetland buffers.
D. 
Mitigation Plan. When a project involves Critical Area and/or buffer impacts, a mitigation plan prepared by a qualified Critical Area professional shall be required, meeting the following minimum standards:
1. 
Critical Area Report. A critical area report for Critical Areas shall accompany or be included in the compensatory mitigation plan and include the minimum parameters described in this Chapter.
2. 
Mitigation Plan and Plan Sheets. The report shall include a written plan and plan sheets that contain, at a minimum, the elements listed below.
a. 
The written report shall be prepared by a qualified Critical Area professional and contain, at a minimum:
i. 
The name and contact information of the applicant; the name, qualifications, and contact information of the primary author(s) of the compensatory mitigation plan; a description of the development proposal; a summary of the impacts and proposed compensation concept; identification of all the local, state, and federal Critical Area-related permits required for the project; and a vicinity map for the project.
ii. 
Description of how the development project has been designed to avoid, minimize, or reduce adverse impacts to Critical Areas.
iii. 
Description of the existing Critical Area and buffer areas proposed to be altered. Include acreage or square footage, water regime, vegetation, soils, functions, landscape position, and surrounding land uses. Also describe impacts in terms of acreage by Cowardin classification, and hydrogeomorphic classification.
iv. 
Description of the compensatory mitigation site, including location and rationale for selection. Include an assessment of existing conditions, including acreage or square footage of Critical Areas and uplands, water regime, sources of water, vegetation, soils, functions, landscape position, and surrounding land uses. Estimate future conditions in this location if the compensation actions are not undertaken.
v. 
Surface and subsurface hydrologic conditions, including an analysis of existing and proposed hydrologic regimes for enhanced, established, or restored compensatory mitigation areas. Include illustrations of how data for existing hydrologic conditions were used to determine the estimates of future hydrologic conditions.
vi. 
A description of the proposed actions for compensation of Critical Area and buffer areas affected by the project. Include overall goals of the proposed mitigation, including a description of the targeted functions, hydrogeomorphic classification, and expected categories of Critical Areas.
vii. 
A description of the proposed mitigation construction activities and timing of activities.
viii. 
Performance standards (measurable standards for years post-installation) for Critical Area and buffer areas, a monitoring schedule, a maintenance schedule, and actions proposed by year.
ix. 
A discussion of ongoing management practices that will protect Critical Areas after the development project has been implemented, including proposed monitoring and maintenance programs (for remaining Critical Areas and compensatory mitigation Critical Areas).
x. 
A bond estimate for the entire compensatory mitigation project, including the following elements: site preparation, plant materials, construction materials, installation and oversight, maintenance at least twice per year for up to ten (10) years, annual monitoring field work and reporting, contingency actions for a maximum of the total required number of years for monitoring, and removal of all non-natural site implements (e.g., irrigation equipment, construction fencing, plant protectors, weed barrier fabric) by the end of the monitoring period.
xi. 
Proof of establishment of Notice on Title for the remaining Critical Areas and buffers on the development project site (if any) and a legal site protection mechanism for the compensatory mitigation areas.
b. 
The scaled plan sheets shall contain, at a minimum:
i. 
Mapped, ground-verified edges of the existing Critical Area and buffers, proposed areas of Critical Area and/or buffer impacts, and location of proposed Critical Area and/or buffer compensation actions.
ii. 
Existing topography, ground-verified, at two-foot contour intervals in the zone of the proposed compensation actions if any grading activity is proposed in the compensation area(s). Also include existing cross-sections (estimated one-foot intervals) of Critical Area areas on the development site that are proposed to be altered and of the proposed areas of Critical Area and buffer compensation.
iii. 
Conditions expected from the proposed actions on site, including future hydrogeomorphic classes, vegetation community types (e.g., Cowardin class), and future hydroperiods.
iv. 
Required Critical Area buffers for existing Critical Areas and proposed compensation areas. Also identify any zones where buffers are proposed to be reduced or enlarged outside of the standards identified in this Chapter.
v. 
A planting plan for the compensation area, including all species by proposed community type and hydroperiod, size and type of plant material to be installed, spacing of plants, typical clustering patterns, total number of each species by community type, and timing of installation.
(Ord. 1747 NS, 1/13/2026)

§ 17.52.045 Mitigation.

A. 
Mitigation Sequencing. Before being authorized to impact any Critical Area or its buffer, an applicant must demonstrate that they have implemented mitigation in the following order:
1. 
Avoid impacts altogether by not taking a certain action or parts of an action.
2. 
Minimize 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.
3. 
Rectify impacts by repairing, rehabilitating, or restoring the affected environment.
4. 
Reduce or eliminate impacts over time by preservation and maintenance operations.
5. 
Compensate for impacts by replacing, enhancing, or providing substitute resources or environments.
6. 
Monitor required compensation and take remedial or corrective measures when necessary.
B. 
Requirements for Compensatory Mitigation.
1. 
Mitigation ratios, if used, shall be consistent with CMC § 17.52.050D.4.
2. 
Mitigation requirements may be determined using the Credit-Debit Method described in Calculating Credits and Debits for Compensatory Mitigation.
3. 
Plantings used in mitigation actions shall be native species appropriate to the ecoregion.
4. 
The following areas within a proposed compensation site shall not contribute to satisfying the requirements for compensatory mitigation;
5. 
Easements for utility corridors, stormwater facilities, rights-of-way, and streams conveyed underground.
6. 
Buffers on Critical Area Mitigation Sites. All Critical Area mitigation sites shall have buffers consistent with the buffer requirements of this Chapter. Buffers shall be based on the expected or target category of the proposed Critical Area mitigation site and the expected level of impact from the adjacent land use.
a. 
Buffers need to be fully vegetated in order to be included in buffer area calculations. Lawns, walkways, driveways, paved areas, and mowed or developed areas will not be considered buffers or included in buffer area calculations when assessing whether adequate compensatory mitigation buffers have been provided.
7. 
Compensating for Lost or Affected Functions. Compensatory mitigation shall address the functions affected by the proposed project, with an intention to achieve functional equivalency or improvement of functions. The goal shall be for the compensatory mitigation to provide similar Critical Area functions as those lost, except when either:
a. 
The lost Critical Area provides minimal functions, and the proposed compensatory mitigation action(s) will provide equal or greater functions or will provide functions shown to be limited within a watershed through an existing watershed plan or a local or regional study that characterizes watershed processes; or
b. 
Out-of-kind replacement of Critical Area type or functions will best meet watershed goals formally identified by a watershed plan, such as replacement of historically diminished Critical Area types.
8. 
Methods of Compensatory Mitigation. Mitigation for Critical Area and buffer impacts shall rely on a method listed below in order of preference. A lower-preference form of mitigation shall be used only if the applicant's qualified Critical Area professional demonstrates to the Planning Department's satisfaction that all higher-ranked types of mitigation are not viable, consistent with the criteria in this Section.
a. 
Restoration: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions and environmental processes to a former or degraded Critical Area. Restoration is divided into two categories:
i. 
Re-establishment: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions and environmental processes to a former Critical Area. Re-establishment results in rebuilding a former Critical Area and results in a gain in Critical Area and functions. Example activities could include removing fill, plugging ditches, or breaking drain tiles to restore a Critical Area hydroperiod, which in turn will lead to restoring Critical Area biotic communities and environmental processes.
ii. 
Rehabilitation: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural/historic functions and environmental processes to a degraded Critical Area. Rehabilitation results in a gain in Critical Area function but does not result in a gain in Critical Area. The area already meets Critical Area criteria, but hydrological processes have been altered. Rehabilitation involves restoring historic hydrologic processes. Example activities could involve breaching a dike to reconnect Critical Areas to a floodplain or return tidal influence to a Critical Area.
b. 
Establishment (Creation): The manipulation of the physical, chemical, or biological characteristics of a site to develop a Critical Area on an upland where a Critical Area did not previously exist at an upland site. Establishment results in a gain in Critical Area and functions. An example activity could involve excavation of upland soils to elevations that will produce a Critical Area hydroperiod and hydric soils by intercepting groundwater, and in turn supports the growth of hydrophytic plant species.
i. 
If a site is not available for Critical Area restoration to compensate for expected Critical Area and/or buffer impacts, the Planning Department may authorize establishment of a Critical Area and buffer upon demonstration by the applicant's qualified Critical Area professional that:
(A) 
The hydrology and soil conditions at the proposed mitigation site are conducive for sustaining the proposed Critical Area and that establishment of a Critical Area at the site will not likely cause hydrologic problems elsewhere;
(B) 
Adjacent land uses and site conditions do not jeopardize the viability of the proposed Critical Area and buffer (e.g., due to the presence of invasive plants or noxious weeds, stormwater runoff, noise, light, or other impacts); and
(C) 
The proposed Critical Area and buffer will eventually be self-sustaining with little or no long-term maintenance.
(D) 
The proposed Critical Area would not be established at the cost of another high-functioning habitat (i.e., ecologically important uplands).
c. 
Preservation (Protection/Maintenance). The removal of a threat to, or preventing the decline of, Critical Areas by an action in or near those Critical Areas. This term includes activities commonly associated with the protection and maintenance of Critical Areas through the implementation of appropriate legal and physical mechanisms such as recording conservation easements and providing structural protection like fences and signs. Preservation does not result in a gain of aquatic resource area or functions but may result in a gain in functions over the long term. Preservation of a Critical Area and associated buffer can be used only if:
i. 
The Planning Department determines that the proposed preservation is the best mitigation option;
ii. 
The proposed preservation site is under threat of undesirable ecological change due to permitted, planned, or likely actions that will not be adequately mitigated under existing regulations;
iii. 
The area proposed for preservation is of high quality or critical for the health and ecological sustainability of the watershed or sub-basin. Some of the following features may be indicative of high-quality sites:
(A) 
Category I or II wetland rating.
(B) 
Rare or irreplaceable Critical Area type.
(C) 
The presence of habitat for threatened or endangered species (state, federal, or both).
(D) 
Provides biological and/or hydrological connectivity to other habitats.
(E) 
Priority sites identified in an adopted watershed plan.
iv. 
Permanent preservation of the Critical Area and buffer shall be provided through a legal mechanism such as a conservation easement or tract held by an appropriate natural land resource manager/land trust.
v. 
The Planning Department may approve another legal and administrative mechanism in lieu of a conservation easement if it is determined to be adequate to protect the site.
d. 
Enhancement. The manipulation of the physical, chemical, or biological characteristics of a wetland to heighten, intensify, or improve specific wetland function(s). Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention, or wildlife habitat. Enhancement results in the gain of selected Critical Area function(s) but may also lead to a decline in other Critical Area function(s). Enhancement does not result in a gain in Critical Area. Enhancement activities could include planting vegetation, controlling non-native or invasive species, and modifying site elevations to alter hydroperiods in existing Critical Areas.
i. 
Applicants proposing to enhance Critical Areas and/or associated buffers shall demonstrate how the proposed enhancement will increase the Critical Area and/or buffer functions, how this increase in function will adequately compensate for the impacts, and how existing Critical Area functions at the mitigation site will be protected.
9. 
Alternative Types of Mitigation/Resource Tradeoffs. The Planning Department may approve alternative mitigation proposals that are based on best available science, such as priority restoration plans that achieve restoration goals identified in the SMP. Alternative mitigation proposals shall provide an equivalent or better level of ecological functions and values than would be provided by standard mitigation approaches. Alternative mitigation approaches shall comply with all reporting, monitoring, and performance measures of this Section including adherence to mitigation sequencing. The City of Colville may consult with agencies with expertise and jurisdiction over the critical areas during the review to assist with analysis and identification of appropriate performance measures that adequately safeguard critical areas.
a. 
The Planning Department will consider the following for approval of an alternative mitigation proposal:
i. 
Clear identification of how an alternative approach will achieve equal or better ecological benefit.
ii. 
The proposal uses a watershed approach consistent with Selecting Wetland Mitigation Sites Using a Watershed Approach, Eastern Washington (Ecology Publication #10-06-007), or as revised.
iii. 
All impacts are identified, evaluated, and mitigated.
iv. 
Methods to demonstrate ecological success are clear and measurable.
10. 
Location of Compensatory Mitigation. Permittee-responsible compensatory mitigation actions shall be conducted using a watershed approach and shall generally occur within the same sub-drainage basin. However, when the applicant can demonstrate that a mitigation site in a different sub-drainage basin is ecologically preferable, it should be used.
a. 
The following criteria will be evaluated when determining whether on-site or off-site compensatory mitigation is ecologically preferable. When considering the location of mitigation, preference should be given to using programmatic approaches, such as a mitigation bank or an ILF program.
i. 
No reasonable opportunities exist on site or within the sub-drainage basin or opportunities on site or within the sub-drainage basin do not have a high likelihood of success based on a determination of the capability of the site to compensate for the impacts. Considerations should include anticipated replacement ratios for Critical Area mitigation, buffer conditions and required widths, available water to maintain anticipated hydrogeomorphic class(es) of wetlands when restored, proposed flood storage capacity, and potential to mitigate riparian fish and wildlife impacts (such as connectivity);
ii. 
On-site mitigation would require elimination of high-quality upland habitat;
iii. 
Off-site mitigation has a greater likelihood of providing equal or improved Critical Area functions compared to the altered wetland;
iv. 
Off-site locations shall be in the same sub-drainage basin unless:
(A) 
Watershed goals for water quality, flood storage or conveyance, habitat, or other wetland functions have been established by the City of Colville and strongly justify locating mitigation at another site;
(B) 
Credits from a state-certified wetland mitigation bank are used as compensation, and the use of credits is consistent with the terms of the certified bank instrument;
(C) 
Fees are paid to an approved ILF program to compensate for the impacts;
(D) 
The design for the compensatory mitigation project needs to be appropriate for its position in the landscape. Therefore, compensatory mitigation should not result in the creation, restoration, or enhancement of an atypical Critical Area.
11. 
Timing of Compensatory Mitigation. It is preferred that compensatory mitigation projects be completed prior to activities that will impact Critical Areas. At the least, compensatory mitigation shall be completed immediately following Critical Area impacts and prior to use or occupancy of the action or development. Construction of mitigation projects shall be timed to reduce impacts to existing fisheries, wildlife, and flora.
a. 
The Planning Department may authorize a one-time temporary delay in completing construction or installation of the compensatory mitigation when the applicant provides a written explanation from a qualified Critical Area professional as to the rationale for the delay. An appropriate rationale would include identification of the environmental conditions that could produce a high probability of failure or significant construction difficulties. For example, a project delay that creates conflicts with other regulatory requirements (fisheries, wildlife, stormwater, etc.) or installing plants should be delayed until the dormant season to ensure greater survival of installed materials. The delay shall not create or perpetuate hazardous conditions or environmental damage or degradation, and the delay shall not be injurious to the health, safety, or general welfare of the public. The request for the delay shall include a written justification that documents the environmental constraints that preclude timely implementation of the compensatory mitigation plan. The justification will be verified by the City of Colville who will issue a formal decision.
12. 
Buffer Mitigation Ratios. Impacts to buffers shall be mitigated at a minimum 1:1 ratio. Compensatory buffer mitigation shall replace those buffer functions lost from development.
13. 
Protection of the Mitigation Site. The mitigation area and any associated buffer shall be protected by a legal mechanism such as a critical area tract or a conservation easement. The Planning Department may approve another legal and administrative mechanism if it is determined to be adequate to protect the site.
14. 
Monitoring. Mitigation monitoring shall be required for a period necessary to establish that performance standards have been met, but not for a period less than five years. If a scrub-shrub or forested vegetation community is proposed, monitoring may be required for 10 years or more. The mitigation plan shall include monitoring elements that ensure success for the Critical Area and buffer functions. If the mitigation goals are not attained within the initially established monitoring period, the applicant remains responsible for managing the mitigation project until the goals of the mitigation plan are achieved.
C. 
Fish and Wildlife Habitat Area Mitigation.
1. 
If a land use change could impact a designated habitat conservation area, priority species, biological corridor, or connectivity, on or adjacent to the project site the applicant shall provide a critical area report (CAR) and a habitat management plan (HMP) citing details of potential mitigation actions, and at a minimum, the qualities essential to maintain viable habitat for the species present and identify measures to minimize the impact from the proposed activities. These reports shall be prepared by a qualified expert.
2. 
The City or applicant may consult with appropriate local, state, or federal resource agencies for technical review and management recommendations.
3. 
The applicant shall utilize best available science and available when creating mitigation plans, such as Landscape Planning or WA's Wildlife, Riparian Ecosystem Management Recommendations, Priority Habitat and Species Publications, PHS mapping data, Water Crossing Design Guidelines, and Site Potential Tree Height Map.
(Ord. 1747 NS, 1/13/2026)

§ 17.52.050 Wetlands.

A. 
Identification, Delineation, and Rating.
1. 
Identification and Delineation. Identification of wetlands and delineation of their boundaries pursuant to this Chapter shall be done in accordance with the approved federal wetland delineation manual and applicable regional supplement. All areas within the City of Colville meeting the wetland definition and designation criteria in that procedure are hereby designated critical areas and are subject to the provisions of this Chapter. Wetland delineations are valid for five years; after such date the City of Colville shall determine whether a revision or additional assessment is necessary. Wetland delineations will be documented on a ground-verified map using either professional surveying methods or an equivalent professional method using GPS with sub-meter accuracy.
2. 
Wetland presence shall be confirmed by on site conditions, the presence of critical areas on a parcel triggers the requirements of this chapter regardless of whether or not a critical area or buffer is depicted on an official map.
3. 
Rating. Wetlands shall be rated according to the Washington State Wetland Rating System for Eastern Washington: 2014 Update (Ecology Publication 14-06-030 or as revised). Wetland ratings are valid for five years; after such date City of Colville shall determine whether a revision or additional rating is necessary.
B. 
Illegal Modifications. Wetland rating categories shall not change due to illegal modifications made to Exemptions and Allowed Uses in Wetlands.
1. 
Wetlands that meet the following criteria are not subject to the avoidance and minimization requirements of the mitigation sequence (CMC § 17.52.045A) in accordance with the following provisions, and they may be filled if the impacts are fully mitigated based on the remaining actions in CMC § 17.52.045A. Impacts should be mitigated through the purchase of credits from a mitigation bank or in-lieu fee program, if available, consistent with the terms and conditions of the bank or program. In order to verify whether the following criteria are met, it is essential that a critical area report for wetlands meeting the requirements in subsection C of this section be submitted.
C. 
Critical Area Reports, Additional Requirements for Wetlands.
1. 
In addition to the minimum standards as required for general Critical Area Reports, if a wetland is present then the report must additionally include:
a. 
A description of the methodologies used to conduct the wetland delineations, wetland ratings, and impact analyses, including references.
b. 
For each wetland identified on site and within 250 feet of the project boundary, provide the completed wetland rating, per this Chapter; required buffers; hydrogeomorphic classification; wetland area based on the field delineation (area for on-site portion and estimate entire wetland area including off-site portions); Cowardin classifications; habitat elements; soil conditions based on site assessment and/or soil survey information; and to the extent possible, hydrologic information such as location and condition of inlets/outlets, estimated water depths within the wetland, and estimated hydroperiod patterns based on visual cues (e.g., algal mats, drift lines, flood debris, etc.). Provide area estimates, classifications, and ratings based on entire wetland units, not only the portion present on the proposed project site.
c. 
An evaluation of the functions of the wetland and its buffer, including references for the method used and data sheets.
d. 
A discussion of the potential impacts to the wetland(s) associated with any anticipated hydroperiod alterations from the project.
e. 
Maps (to scale) depicting delineated and mapped wetlands and required buffers on site, including buffers for off-site wetlands that extend onto the project site; the development proposal; other critical areas and their buffers; grading and clearing limits; and areas of proposed impacts to wetlands and/or buffers (include square footage or acreage).
D. 
Wetland Buffers.
1. 
Buffer Requirements. The buffer tables have been established in accordance with the best available science. They are based on the category of wetland category as determined by a qualified wetland professional using the Washington State Wetland Rating System for Eastern Washington: 2014 Update (Ecology Publication #14-06-030, or as revised). Unless otherwise noted, the level of impact from adjacent land use is assumed to be high.
a. 
Buffer Width Table.
Category of Wetland
Buffer Width
I
250
II
200
III
150
IV
50
b. 
Increased Wetland Buffer Width. Buffer widths shall be increased on a case-by-case basis as determined by the Planning Department when a wider buffer is necessary to protect wetland functions and values. This determination shall be supported by appropriate documentation showing that it is reasonably related to protection of the functions and values of the wetland. The documentation shall include but not be limited to the following criteria:
i. 
No reasonable opportunities exist on site or within the sub-drainage basin or opportunities on site or within the sub-drainage basin do not have a high likelihood of success based on a determination of the capability of the site to compensate for the impacts. Considerations should include anticipated replacement ratios for Critical Area mitigation, buffer conditions and required widths, available water to maintain anticipated hydrogeomorphic class(es) of wetlands when restored, proposed flood storage capacity, and potential to mitigate riparian fish and wildlife impacts (such as connectivity);
ii. 
On-site mitigation would require elimination of high-quality upland habitat;
iii. 
Off-site mitigation has a greater likelihood of providing equal or improved Critical Area functions compared to the altered wetland;
iv. 
Off-site locations shall be in the same sub-drainage basin unless:
(A) 
The land has slopes greater than 30 percent.
c. 
Buffer averaging to improve wetland protection may be permitted when all of the following conditions are met:
i. 
The wetland has significant differences in characteristics that affect its habitat functions, such as a wetland with a forested component adjacent to a degraded emergent component or a dual-rated wetland with a Category I area adjacent to a lower-rated area.
ii. 
The buffer is increased adjacent to the higher-functioning area of habitat or more-sensitive portion of the wetland and decreased adjacent to the lower-functioning or less-sensitive portion as demonstrated by a critical area report from a qualified wetland professional.
iii. 
The total area of the buffer after averaging is equal to the area required without averaging.
iv. 
The buffer at its narrowest point is never less than either 75 percent of the required width or 75 feet for Category I and II, 50 feet for Category III, and 25 feet for Category IV, whichever is greater.
d. 
Averaging to allow reasonable use of a parcel may be permitted when all of the following are met:
i. 
No feasible alternatives to the site design could be accomplished without buffer averaging.
ii. 
The averaged buffer will not result in degradation of the wetland's functions and values as demonstrated by a critical area report from a qualified wetland professional.
iii. 
The total buffer area after averaging is equal to the area required without averaging.
iv. 
The buffer at its narrowest point is never less than either 75 percent of the required width or 75 feet for Category I and II, 50 feet for Category III, and 25 feet for Category IV, whichever is greater.
2. 
Measurement of Wetland Buffers. All buffers shall be measured perpendicular from the wetland boundary as delineated in the field.
3. 
Wetland Requirements for Compensatory Mitigation.
a. 
Compensatory mitigation for alterations to wetlands shall be used only for impacts that cannot be avoided or minimized and shall achieve equivalent or greater functions. Compensatory mitigation plans shall be consistent with Wetland Mitigation in Washington State-Part 2: Developing Mitigation Plans—Version 1 (Ecology Publication #06-06-011b, or as revised), and Selecting Wetland Mitigation Sites Using a Watershed Approach, Eastern Washington, (Ecology Publication #10-06-007), or as revised.
b. 
Approaches to Compensatory Mitigation. Mitigation for lost or diminished wetland and buffer functions shall rely on the approaches listed below:
i. 
Wetland Mitigation Banks. Credits from a wetland mitigation bank certified under Chapter 173-700 WAC may be used to compensate for impacts located within the service area specified in the mitigation bank instrument if all the following are met:
(A) 
The Planning Department determines that it would provide appropriate compensation for the proposed impacts; and
(B) 
The proposed use of credits is consistent with the terms and conditions of the mitigation bank instrument.
(C) 
Mitigation ratios are consistent with ratios specified in the mitigation bank instrument.
ii. 
In-Lieu Fee (ILF) Mitigation. Credits from an approved in-lieu fee program may be used when all the following apply:
(A) 
The Planning Department determines that it would provide appropriate compensation for the proposed impacts.
(B) 
The proposed use of credits is consistent with the terms and conditions of the approved ILF program instrument.
(C) 
Projects using ILF credits shall have debits associated with the proposed impacts calculated by the applicant's qualified wetland professional using the credit assessment method specified in the approved instrument for the ILF program.
(D) 
The impacts are located within the service area specified in the approved ILF instrument.
iii. 
Permittee-Responsible, Advance Mitigation. Advance mitigation is a form of permittee-responsible mitigation implemented before a permitted impact takes place. It is designed to compensate for impacts expected to occur in the future. The applicant proposing the advance mitigation is the only one who can use the credits generated. Credits cannot be sold or transferred to another applicant. Advance mitigation proposals should be developed in accordance with state and federal rules and guidance on advance mitigation (Interagency Regulatory Guide: Advance Permittee-Responsible Mitigation, Ecology Publication #12-06-015, and Chapter 4.2 of Wetland Mitigation in Washington State-Part 1: Policies and Guidance—Version 2, Ecology Publication #21-06-003, or as revised).
iv. 
Permittee-Responsible, Concurrent Mitigation. Concurrent mitigation is a form of permittee-responsible mitigation implemented at the same time permitted impacts are occurring. The permittee is responsible for implementation and success of the compensation. Concurrent mitigation may occur at the site of the permitted impacts or at an off-site location, usually within the same watershed. Permittee-responsible, concurrent mitigation shall be used only if the applicant's qualified wetland professional demonstrates to the Planning Department's satisfaction that the proposed approach is ecologically preferable to use of a bank or ILF program, consistent with the criteria in this Section.
4. 
Wetland Mitigation Area Ratios.
(Wetland Area to be Mitigated: Impacted Area)
Category of Impacted Wetland (based on special characteristics)
Re-establishment or creation
Rehabilitation
Preservation
Enhancement
Category I forested
6:1
12:1
24:1
24:1
Category II forested (eastern WA only)
4:1
8:1
16:1
16:1
Bogs and calcareous fens
NA
NA
24:1
NA
Wetlands of High Conservation Value
Consult with WA DNR
Consult with WA DNR
24:1
Consult with WA DNR
Alkali wetlands
NA
NA
24:1
NA
Vernal pools
Case by case or 3:1 for re-establishment of a seasonally ponded wetland
Case by case or 6:1 for re-establishment of a seasonally ponded wetland
16:1 (preservation of vernal pool complex)
16:1 (enhancement of both wetlands and uplands within a vernal pool complex)
a. 
Credit-Debit Method. To protect functions and values more fully, and as an alternative to the mitigation ratios found in this Chapter, the Planning Department may allow mitigation based on the Credit-Debit Method developed by the Department of Ecology in Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Eastern Washington (Ecology Publication #11-06-015), or as revised.
(Ord. 1747 NS, 1/13/2026)

§ 17.52.060 Fish and Wildlife Habitat Conservation Areas.

A. 
If a development is proposed within 250 feet of or within a distance that could impact a designated habitat conservation area, the applicant shall provide a habitat management plan (HMP), prepared by a qualified expert in the species or habitat in question to ensure proper mitigation or avoidance actions are taken to achieve no net loss of ecological function. The HMP shall be based on sound habitat management practices and designed to achieve specific habitat objectives. The City shall consult with appropriate local, state, or federal resource agencies for technical review and utilize most current WDFW management recommendations and guidelines.
1. 
Permitted Uses and Activities. Uses and activities allowed within designated Fish and Wildlife Habitat Conservation Areas are those uses permitted by the zoning district, subject to the provisions of this chapter.
2. 
Identification. Fish and Wildlife Habitat Conservation Areas include:
a. 
Areas in which state or federally endangered, threatened, and sensitive species have a primary association;
b. 
Habitats and species of local importance, as determined locally;
c. 
Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat:
d. 
Waters of the state;
e. 
Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity;
f. 
State natural area preserves, natural resource conservation areas and state wildlife areas;
g. 
Riparian areas;
h. 
Intermittent and perennial streams; and
i. 
Priority habitats and species as identified by the Washington State Department of Fish and Wildlife Priority Habitats and Species Program.
3. 
Designation.
a. 
All existing areas of the City of Colville identified as stated in subsection A.2 of this section, as determined by the administrator, are designated as Fish and Wildlife Habitat Conservation Areas.
b. 
In addition to existing Fish and Wildlife Habitat Conservation Areas in the City of Colville identified as stated in subsection A.2 of this section the City of Colville may designate additional species, habitats of local importance, and/or wildlife corridors as follows:
i. 
In order to nominate an area, species, or corridor to the category of locally important, an individual or organization must:
(A) 
Demonstrate a need for special consideration based on:
(1) 
Declining population;
(2) 
Sensitivity to habitat manipulation;
(3) 
Commercial, recreational, cultural, or other special value; or
(4) 
Maintenance of connectivity between habitat areas;
(B) 
Propose relevant management strategies considered effective and within the scope of this chapter;
(C) 
Identify effects on property ownership and use; and
(D) 
Provide a map showing the species or habitat location(s).
ii. 
Submitted proposals shall be reviewed by the city and may be forwarded to the State Departments of Fish and Wildlife, Natural Resources, and/or other local, state, federal, and/or tribal agencies or experts for comments and recommendations regarding accuracy of data and effectiveness of proposed management strategies.
iii. 
If the proposal is found to be complete, accurate, and consistent with the purposes and intent of this chapter and the various goals and objectives of the current comprehensive plan, and the Growth Management Act, the city council will hold a public hearing to solicit comment. Approved nominations will become designated locally important habitats, species, or corridors and will be subject to the provisions of this chapter.
4. 
General Standards. The following minimum standards shall apply to all development activities occurring within designated Fish and Wildlife Habitat Conservation Areas and their associated buffers:
a. 
Fish and Wildlife Habitat Conservation Areas will be left undisturbed, unless the development proposal involves appropriate mitigation and enhancement measures, as determined on a site-specific basis.
b. 
Maintenance of Fish and Wildlife Habitat Conservation Area Buffers. Where buffers are specified as a requirement in this chapter or identified in an approved management and mitigation plan, the buffer areas shall be maintained between all permitted uses and activities and designated Fish and Wildlife Habitat Conservation Areas. Minimum standards for the maintenance of these buffers include but are not limited to:
i. 
All Riparian Management Zones (RMZs) shall be measured from the ordinary high-water mark, as established by the mitigation and management plan or as provided by this chapter.
ii. 
All buffer areas shall be temporarily fenced between the construction activity and the buffer with a highly visible and durable protective barrier during construction to prevent access and protect the designated habitat conservation area and associated buffer. The administrator may waive this requirement if an alternative to fencing which achieves the same objective is proposed and approved.
iii. 
Except as otherwise allowed, buffers shall be retained in their natural condition. Any habitat created, restored or enhanced as compensation for approved habitat alterations shall have the standard buffer required for the category of the created, restored or enhanced habitat.
c. 
Site-Specific Tree Height Buffer Standard. Buffers for Fish and Wildlife Habitat Conservation Areas associated with streams and riparian wetlands shall be established using a site-specific tree height standard guidelines and calculator. For dryland ecosystems, the minimum buffer width shall be equal to the average mature height of the dominant native tree species present within the adjacent riparian plant community, or 100 feet, whichever is greater. For those areas without a site-potential tree height value, or imputed site-potential tree height value, the city or applicant may consult with a WDFW Habitat Biologist to find out what riparian management zone width values the project site shall be.
i. 
The buffer shall be measured horizontally from the ordinary high water mark of a stream, or from the delineated edge of a riparian wetland. If a channel migration zone (CMZ) is present, then RMZ shall be measured horizontally from the edge of the CMZ.
ii. 
The applicant shall submit a report prepared by a qualified professional (e.g., forester, ecologist, or wetland scientist) that:
(A) 
Identifies the dominant native tree species on or adjacent to the site;
(B) 
Provides documented mature tree height estimates based on best available local data (e.g., WDFW PHS, NRCS plant guides, or field measurements);
(C) 
Demonstrates that the proposed buffer width based on tree height will maintain shade, erosion control, and habitat functions equivalent to or greater than the standard buffer width.
iii. 
In areas lacking mature native vegetation, the buffer width shall default to 100 feet or the mature height of a regionally appropriate native riparian tree species, whichever is greater. Native revegetation may be required to ensure long-term functional performance.
iv. 
Buffer width shall be increased where necessary to account for site-specific conditions, including:
(A) 
Slopes exceeding 30 percent.
(B) 
Highly erodible soils.
(C) 
Documented habitat for federally or state-listed endangered, threatened, or sensitive species.
(D) 
Wetlands with high habitat scores or overlapping critical area buffers.
v. 
Buffers shall be maintained or enhanced in a fully vegetated, undisturbed condition unless otherwise authorized through a permit or habitat management plan consistent with this chapter.
vi. 
The City reserves the right to require an increase in the buffer width based on site conditions, including slope, erosion hazard, species habitat, or adjacent land uses.
B. 
Species of Local Importance. Fish and Wildlife Habitat Conservation Areas include species of local importance, which include:
1. 
Rare Plant Species: Any plant species listed as Endangered, Threatened, or Sensitive by the Washington Natural Heritage Program or assigned a global rank of G1, G2, or G3.
2. 
Any species identified by the City of Colville on an adopted list of species of local importance.
(Ord. 1747 NS, 1/13/2026)

§ 17.52.070 Geologically hazardous areas.

A. 
Areas susceptible to one or more of the following types of hazards shall be classified as a geologically hazardous area:
1. 
Erosion hazard. Often associated with steep slopes, unconsolidated soils, severe rill, and interrill erosion potential per U.S. Department of Natural Resource Conservation Service (NRCS), sparse vegetation;
2. 
Landslide hazard. Often associated with steep slopes such as 30 percent or greater with vertical relief of 10 or more feet, undercut slopes, groundwater over relatively impermeable substrate, areas of historic failures, or Latah formation (sedimentary layers of clay interlain between basalt flows);
3. 
Seismic hazard. Often associated with severe risk of damage as a result of earthquake induced ground shaking, slope failure, settlement or subsidence, soil liquefaction, or surface faulting. The city is not in an area of severe risk for seismic hazards; therefore, no designation of these areas is warranted at this time; or
4. 
Areas subject to other geological events such as surface mine hazards, volcanic hazards, mass wasting, debris flows, rock falls, or differential settlement. Initial research and investigation has determined that these hazards do not currently exist in the city at a level warranting designation.
B. 
The approximate location and extent of geologically hazardous areas are shown on the adopted critical area maps and data as obtained from pertinent agencies, such as the following:
1. 
U.S. Geological Survey;
2. 
NRCS;
3. 
Washington Department of Natural Resources;
4. 
FEMA flood insurance maps; and
5. 
Locally adopted maps.
C. 
Areas exhibiting the characteristics of geologically hazardous areas that are not designated on the geologic hazard inventory maps may be designated as critical areas by city staff or a qualified professional at the time of project review.
D. 
Due to the uncertainties in delineating geological hazards, buffers shall be established from all edges of geologically hazardous areas.
1. 
The minimum buffer shall be 50 feet and shall extend to the top of the slope above the hazard area.
2. 
The buffer may be reduced to a minimum of 10 feet when a qualified professional demonstrates that the reduction will adequately protect the proposed development, adjacent developments and uses, and the subject critical area.
3. 
The buffer may be increased where the city determines a larger buffer is necessary to prevent risk of damage to proposed and existing development.
E. 
Report Requirements. In addition to the critical area report requirements, geologically hazardous area reports shall include:
1. 
A site plan showing the following:
a. 
The location of all geologic hazard areas, springs, seeps, or other surface expressions of groundwater on or within 200 feet of the project area;
b. 
Location and boundaries of all critical areas and related buffers on the site and on adjacent lands within 25 feet of the site's property lines, noting both total square footage and percentage of site covered by critical areas and related buffers;
c. 
Location and identification of all riparian corridors and wetlands within 100 feet of the site's property lines;
d. 
Location and boundaries of all existing and proposed site improvements on the site, on adjacent lands within 25 feet of the site's property lines, and on the full width of abutting public rights-of-way and private easements. This shall include the amount of proposed land-disturbing activities, including amounts of developmental coverage, impervious surfaces, and construction activity areas (noting total square footage and percentage of site occupied);
e. 
Stormwater-flow characteristics within the site, on adjacent sites within 25 feet of the site's property lines, and on the full width of abutting public rights-of-way and private easements;
f. 
Location of all grading activities in progress, and all natural and artificial drainage control facilities or systems in existence or on adjacent lands or on the site or within 25 feet of the site's property lines, and in the full width of abutting public rights-of-way and private easements;
g. 
Location of all existing utilities (water, sewer, gas, electric, phone, cable, etc.), both above and below ground, on the site, on adjacent lands within 25 feet of the site's property lines, and in the full width of abutting public rights-of-way; and
h. 
For a proposal potentially affecting or affected by an erosion or landslide hazard area:
i. 
The height of slope, slope gradient, and cross section of the project area within the hazard area; and
ii. 
Stormwater runoff disposal location and flow patterns.
2. 
Geologically hazardous area reports shall be prepared by a geologist currently licensed in Washington State or a qualified geotechnical engineer (a professional engineer currently licensed by the State of Washington with geotechnical engineering as a specialty).
3. 
A geotechnical report, prepared within the last five years for a nearby and applicable site, and where the proposed land use activity and surrounding site conditions are unchanged, may be incorporated into the required critical area report for reference. The applicant shall submit a geotechnical assessment detailing any changed environmental conditions associated with the site.
(Ord. 1747 NS, 1/13/2026)

§ 17.52.080 Critical Aquifer Recharge and Wellhead Protection Areas.

A. 
Purpose and Intent. The purpose of this section is to:
1. 
Protect groundwater resources that serve as current or potential sources of drinking water;
2. 
Prevent degradation of aquifers used for public and private water supply;
3. 
Ensure land use activities are conducted in a manner that maintains the functions and values of critical aquifer recharge areas;
4. 
Comply with the requirements of the Growth Management Act (Chapter 36.70A RCW) and WAC 365-190-100.
B. 
The approximate location and extent of geologically hazardous areas are shown on the adopted critical area maps and data as obtained from pertinent agencies such as the following:
1. 
Critical aquifer recharge areas are those areas where an aquifer that is a current or future source of drinking water is vulnerable to contamination due to hydrogeologic conditions or land use practices.
2. 
CARAs shall be designated based on:
3. 
Aquifer susceptibility mapping from the Washington Department of Health (DOH), Department of Ecology (Ecology), or local wellhead protection plans;
4. 
Department of Ecology guidance for wellhead protection areas, Source Water Assessment Program (SWAP) data, and local studies;
5. 
Areas with high infiltration rates, thin or absent vadose zones, or permeable soils overlying aquifers.
C. 
Regulated Activities. The following uses and activities shall be subject to the provisions of this section if proposed within a mapped or identified CARA:
1. 
Land uses or development activities that involve the use, storage, transport, or disposal of hazardous substances;
2. 
Industrial or commercial development involving fuel storage, chemical processing, automotive repair, dry cleaning, or similar activities;
3. 
Sand and gravel mining or other extractive operations;
4. 
Underground injection wells or stormwater infiltration systems;
5. 
New or expanded on-site septic systems in high susceptibility areas;
6. 
Any use listed in a moderate- or high-risk category per the Washington Department of Ecology's Risk-Based Guidance for CARA Protection.
D. 
Performance Standards.
1. 
Prohibited Uses: The following are prohibited in Class I (high susceptibility) CARAs:
a. 
Landfills and hazardous waste disposal;
b. 
Underground storage tanks (except for residential heating fuel);
c. 
Chemical manufacturing and bulk storage;
d. 
Sewage sludge application;
e. 
Unlined animal waste lagoons.
2. 
Best Management Practices (BMPs): All development shall implement BMPs to prevent pollutants from entering groundwater. BMPs may include spill containment, secondary containment, leak detection, and chemical inventory control.
3. 
Stormwater: Infiltration of stormwater from pollutant-generating surfaces (e.g., roads, parking lots) is prohibited in high-risk CARAs unless pre-treated through approved systems.
4. 
Septic Systems:
a. 
New on-site septic systems shall not be allowed in areas where municipal sewer is available;
b. 
Higher density residential developments (>1 unit/acre) must connect to public sewer where feasible;
c. 
Alternative treatment technologies may be required based on hydrogeologic review.
5. 
Impervious Surface Limitations:
a. 
Development within CARAs shall limit impervious surfaces to minimize recharge disruption and pollutant loading;
b. 
A hydrogeologic report may be required if impervious surface coverage exceeds 35%.
E. 
Hydrogeologic Assessments.
1. 
A hydrogeologic assessment shall be required for:
a. 
Any proposed land use involving hazardous materials;
b. 
Any commercial or industrial activity within a Class I or II CARA;
c. 
Subdivisions or developments proposing more than five dwelling units in a high susceptibility area;
d. 
Any proposed use listed in Chapter 173-200 or 173-340 WAC as having a moderate or high risk to groundwater.
2. 
The assessment must:
a. 
Be prepared by a qualified hydrogeologist;
b. 
Describe site-specific geology and aquifer conditions;
c. 
Identify potential contaminant sources and pathways;
d. 
Recommend mitigation measures.
F. 
Notification and Review.
1. 
Applications within CARAs must include a disclosure form identifying hazardous substances and quantities stored or used on site.
2. 
The City shall consult with the Department of Ecology or local water purveyors as needed during project review.
3. 
Conditions of approval may include groundwater monitoring, reporting, or implementation of contingency plans.
G. 
Mitigation and Monitoring.
1. 
Where potential impacts cannot be avoided, the City may require;
2. 
Spill prevention and response plans;
3. 
Monitoring wells and groundwater sampling;
4. 
Financial assurance for cleanup or remediation;
5. 
Conservation easements or groundwater protection covenants.
(Ord. 1747 NS, 1/13/2026)

§ 17.52.090 Reasonable use exception.

A. 
If the application of this Chapter would deny all reasonable economic use of a property, a property owner may apply for a reasonable use exception. The City may approve the exception only if the applicant demonstrates all of the following criteria are met:
1. 
No Reasonable Economic Use: The strict application of the standards and provisions of this Chapter would deny all reasonable economic use of the property as a whole.
2. 
No Feasible Alternative: There is no other feasible alternative to the proposal that would have less impact on the critical area or its buffer. This includes changes in use, density, design, configuration, and location on the site.
3. 
Minimum Necessary Impact: Any alteration or encroachment into the critical area or buffer shall be the minimum necessary to allow for reasonable use of the property, considering the entire parcel.
4. 
No Threat to Public Health or Safety: The proposal does not pose an unreasonable threat to the public health, safety, or welfare, or to the functions and values of critical areas.
5. 
No Self-Created Hardship: The inability to derive reasonable economic use is not the result of actions by the applicant or a predecessor in title, such as site subdivision or boundary line adjustment after the effective date of the ordinance codified in this chapter, which created the undevelopable condition.
6. 
Mitigation Required: The proposal includes mitigation that offsets all impacts to the critical area to the maximum extent feasible, consistent with mitigation sequencing in this Chapter.
B. 
Application and Review Procedure.
1. 
A request for a reasonable use exception shall be processed as a Type III land use action and shall include:
a. 
A written narrative addressing all criteria listed in subsection A of this section;
b. 
A site plan showing the proposed development and delineated critical areas;
c. 
A critical area report and mitigation plan prepared by a qualified professional.
2. 
The City may require peer review by a qualified third-party consultant, at the applicant's expense, to assess the proposal and mitigation adequacy.
3. 
The burden of proof is on the applicant to demonstrate that the proposal meets all applicable criteria.
C. 
Conditions of Approval. The City may impose conditions of approval to ensure that the exception complies with this Chapter, minimizes impacts to the critical area, and includes appropriate mitigation, long-term monitoring, or conservation easements as necessary.
(Ord. 1747 NS, 1/13/2026)

§ 17.52.100 Nonconforming activities.

A. 
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:
1. 
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.
2. 
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.
3. 
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.
4. 
Activities or adjuncts thereof that are or become nuisances shall not be entitled to continue as nonconforming activities.
(Ord. 1747 NS, 1/13/2026)

§ 17.52.110 Relationship to Other Regulations.

A. 
Areas characterized by a particular critical area may also be subject to other federal, state and local regulations. Compliance with this Code does not affect a person's obligation to comply in all respects with other regulatory requirements. In the event of any conflict between the requirements of this Code and any other Code or ordinance of Stevens County or the City of Colville, the regulation that provides the greater protection for the particular critical area shall apply.
B. 
Federal regulations include, but are not limited to:
1. 
Clean Water Act, Section 404, 401.
2. 
Endangered Species Act.
3. 
Federal Water Pollution Control Act.
4. 
National Environmental Policy Act.
5. 
National Floodplain Insurance Program.
C. 
State regulations include, but are not limited to:
1. 
Chapter 43.21C RCW State Environmental Policy Act.
2. 
Chapter 75.20 RCW Hydraulic Project Approval.[1]
[1]
Editor's Note: Chapter 75.20 RCW was recodified pursuant to 2000 c 107 and 2005 c 146. See now Chapter 77.55 RCW.
3. 
Chapter 77.12 RCW Bald Eagle Protection Rules.
4. 
Chapter 78.44 RCW Surface Mining Act.
5. 
Chapter 90.03 RCW State Water Code.
6. 
Chapter 90.48 RCW State Water Pollution Control Act.
7. 
Chapter 90.58 RCW Shoreline Management Act.
(Ord. 1747 NS, 1/13/2026)

§ 17.52.120 Subdivisions.

A. 
General. The subdivision of land with designated critical areas, including but not limited to subdivisions, short plats, large lot subdivisions, binding site plans, and conservation lots, requires careful consideration to meet the purposes of this title in addition to other requirements of the Colville Municipal Code. Some areas may be deemed ineligible for subdivision and others eligible.
B. 
Areas Not Eligible for Subdivision. Lots that are located wholly within a critical area or associated buffer shall not be subdivided, except as otherwise provided for in this title. Assessor's plat maps under Chapter 58.18 RCW are not permitted unless it can be demonstrated that enough area exists to permit building sites, structures, and uses that conform to this title.
C. 
Areas Eligible for Subdivision. Parcels that are located wholly within critical aquifer recharge areas, erosion hazard areas, volcanic hazard areas, mine hazard areas, seismic hazard areas or partially within other critical areas and associated buffers, may be divided provided the applicant demonstrates all of the following:
1. 
A contiguous portion of each proposed lot is located outside of the critical area, hazard area or associated buffer that is of sufficient size and configuration to contain all structures and all related appurtenances associated with the allowed use. The lot must meet the minimum lot size requirements set forth by the City of Colville;
2. 
The proposed lots shall be accessible by a legally existing road or a proposed road located outside of critical areas or hazard areas, or as otherwise provided for by this title; and
3. 
Where possible, subdivisions must be able to be designed to maintain adequate habitat connectivity, as determined by the review authority.
D. 
Minimize Risk of Damage. All subdivisions shall be designed in accordance with CMC Title 16 and located to minimize flood damage without new structural flood protection (structural flood protection may include but is not limited to floodwalls, berms or levees) and shall not exacerbate geological hazards.
E. 
Utilities. All subdivision of land under this title shall provide for the location and construction of public utilities and facilities, such as sewer, gas, electrical and water systems, in a manner that eliminates or, where that is not possible, minimizes potential for flood damage, consistent with CMC Chapter 17.56, and avoids adverse impacts to critical areas and their associated buffers.
F. 
Practices for the Use of Pesticides to Protect Critical Areas. Residents of subdivisions with more than eight lots and that have critical areas within the subdivision boundaries shall be required to use integrated pest management practices for pest control to protect critical areas and their species. The requirement to use integrated pest management shall be noted on the plat and the title of all lots. As a condition of subdivision approval, the applicant shall provide educational materials pertaining to Integrated Pest Management to each initial home owner in the subdivision.
G. 
Landscaping Maintenance to Protect Critical Areas. Washington State University Extension Office best management practices (BMP), Stevens County BMPs or other BMPs accepted by the approval authority shall be used for fertilizing landscaping, and managing weeds near or adjacent to critical areas.
(Ord. 1747 NS, 1/13/2026)

§ 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.
"Area of special flood hazard"
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.
"Base flood"
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.
"Basement"
means any area of the building having its floor subgrade (below ground level) on all sides.
"Development"
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.
"Flood" or "flooding"
means a general and temporary condition of partial or complete inundation of normally dry land areas from:
1. 
The overflow of inland or tidal waters; and/or
2. 
The unusual and rapid accumulation or runoff of surface water from any source.
"Flood insurance rate map (FIRM)"
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.
"Flood insurance study (FIS)"
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.
"Floodway"
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.
"Lowest floor"
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).
"Manufactured home park"
means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
"New construction"
means structures for which the "start of construction" commenced on or after the effective date of the ordinance codified in this chapter.
"Recreational vehicle (RV)"
means a vehicle:
1. 
Built on a single chassis;
2. 
Four hundred square feet or less when measured at the largest horizontal projection;
3. 
Designed to be self propelled or permanently towable by a light duty truck; and
4. 
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
"Start of construction"
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.
"Structure"
means a walled and roofed building, including a gas or liquid storage tank that is principally above ground.
"Substantial damage"
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.
"Substantial improvement"
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:
1. 
Before the improvement or repair is started; or
2. 
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 zoning district, so long as 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; Ord. 1747 NS, 1/13/2026)

§ 17.56.050 Floodplain development permit.

A floodplain 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). Application for a floodplain development permit shall be made on forms furnished by the city and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:
A. 
Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures recorded on a current elevation certificate, with Section B completed by the Floodplain Administrator;
B. 
Elevation in relation to the mean sea level to which any structure has been floodproofed;
C. 
Where a structure is to be floodproofed, certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet floodproofing criteria in CMC § 17.56.100;
D. 
Description of the extent to which a watercourse will be altered or relocated as a result of proposed development.
(Ord. 1160 NS § 1, 1997; Ord. 1594 NS § 3, 2017; Ord. 1747 NS, 1/13/2026)

§ 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.

A. 
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.
B. 
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:
1. 
Obtain and record the elevation (in relation to mean sea level) to which the structure was floodproofed.
2. 
Maintain the floodproofing certifications required in CMC § 17.92.020(C)(5).
C. 
Maintain for public inspection all records pertaining to the provisions of this chapter.
(Ord. 1594 NS § 3, 2017)

§ 17.56.080 Alteration of watercourses.

A. 
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.
B. 
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.

A. 
In all areas of special flood hazards, the following standards are required:
1. 
Anchoring.
a. 
All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure;
b. 
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.
2. 
Construction Materials and Methods.
a. 
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
b. 
All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
c. 
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.
3. 
Utilities.
a. 
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.
b. 
Water wells shall be located on high ground that is not in the floodway.
c. 
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.
d. 
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
4. 
Subdivision Proposals.
a. 
All subdivision proposals shall be consistent with the need to minimize flood damage.
b. 
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.
c. 
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
d. 
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.
5. 
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:
A. 
Residential Construction.
1. 
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.
2. 
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.
B. 
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:
1. 
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;
2. 
Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
3. 
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).
4. 
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:
A. 
Be on the site for fewer than 180 consecutive days; or
B. 
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
C. 
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:
A. 
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.
B. 
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. 
A variance to the requirements in this chapter may be requested and shall be processed in accordance with Chapter 17.88 CMC.
B. 
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.
C. 
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.
D. 
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:
A. 
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;
B. 
Agricultural uses that do not include buildings or structures;
C. 
Underground pipelines and utility wires;
D. 
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:
A. 
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;
B. 
Passive, low-intensity recreation areas which do not include buildings or structures;
C. 
Commercial and industrial uses, when authorized in the primary zoning district, provided the use does not result in the following:
1. 
Electrical interference with navigational signals or radio communication between the airport and aircraft;
2. 
Light or glare making it difficult for pilots to distinguish between airport lights or others;
3. 
Impaired visibility;
4. 
Creating or increasing bird strike hazards;
5. 
Endangering or interfering with the landing, taking off or maneuvering of aircraft intending to use the airport;
6. 
Attracting large numbers of people.
D. 
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.

A. 
To meet the standards and reporting requirements established in FAA Regulations, Part 77, no structure shall penetrate into the airport imaginary surfaces.
B. 
No place of public assembly shall be permitted in the airport approach safety zone.
C. 
No structure or building shall be allowed within the clear zone.
D. 
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.
E. 
No glare producing materials shall be used on the exterior of any structure located within the airport approach safety zone.
F. 
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.
G. 
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.
H. 
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.

A. 
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.
B. 
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:
A. 
Single-family residence street level, provided the street front of a commercial building is dedicated to viable retail space.
B. 
Nursing, retirement, rest, and convalescent homes.
(Ord. 1160 NS § 1, 1997; Ord. 1184 NS § 5, 1999)