This title shall be known as the “Okanogan County zoning code” and may also be referred to as the “zoning code.” (Ord. 2024-5 (Att. A), 2024).

OCC Title 17A, Zoning, including any and all associated ordinances amending such code, is repealed. (Ord. 2024-5 (Att. A), 2024).

The purpose of this title is to implement the Okanogan County comprehensive plan (as amended) and promote the general public health, safety and welfare of present and future inhabitants of Okanogan County. Any provision of this code may be amended to improve, update or clarify its purpose by following amendment procedures contained in Chapter 17.340 OCC, Amendment of Zoning Code. (Ord. 2024-5 (Att. A), 2024).

This code is adopted pursuant to Chapter 36.70 RCW. The Okanogan County planning director, hereafter referred to as the administrator, is vested with the duty of administering the provisions of this code and may prepare, and require the use of, such forms as are essential to its administration. In addition to that authority set forth in this title, the administrator may issue such orders, requirements, decisions or determinations concerning the application of this code. Appeals of the administrator’s actions shall be under Chapter 17.350 OCC, Appeals.

A. Zoning Adjuster. The administrator is the authorized zoning adjuster pursuant to RCW 36.70.200, and in this capacity shall decide on administrative orders in accordance with Chapter 17.310 OCC, Conditional Use Permits, and Chapter 17.320 OCC, Variances. (Ord. 2024-5 (Att. A), 2024).

All proposed actions shall be reviewed for their consistency with SEPA, Chapter 43.21C RCW, SEPA Guidelines, Chapter 197-11 WAC, and Chapter 14.04 OCC, Environmental Policy. Mitigation of significant adverse impacts may be required as a condition of project and/or land use approvals. (Ord. 2024-5 (Att. A), 2024).

Any proposed subdivision or platting action under OCC Title 16, Subdivisions, must be in accordance with the zoning on the subject property. Any proposed subdivision which is not in compliance with the zoning will not be processed, except that a rezone application may be processed simultaneously with a proposed subdivision. (Ord. 2024-5 (Att. A), 2024).

A. Hereafter, no building or structure shall be erected, reconstructed, enlarged, or relocated, and no building, structure or premises shall be used except in compliance with the provisions of this title and then only after securing all required site analysis and permit approvals (including conditional use permits).

1. Site Analysis. A site analysis application shall be processed as a zoning permit, as an administrative process in accordance with OCC Title 20, Development Permit Procedures and Administration, and shall be used for the purpose of reviewing various development requests in order to declare whether the development is consistent with this code. The site analysis application shall be submitted for the purpose of requesting approval of a development proposal. The site analysis application may also be used for the purpose of seeking clarification of land use regulations (for informational purposes). The planning department may charge an application fee if so adopted by the board of Okanogan County commissioners as part of Okanogan County’s fee schedule. The site analysis application incorporates consistency review for other regulations administered by the Okanogan County planning department, including but not limited to OCC Title 14, Environment, Chapter 15.08 OCC, Floodplain Management, OCC Title 16, Subdivisions, OCC Title 17, Zoning, Chapter 18.05 OCC, Development Agreements, as well as applicable state and federal regulations including but not limited to RCW Titles 36, 58, 90 and WAC Title 173.

a. Upon site analysis and zone permit approval, an applicant may apply for a permit with Okanogan County public health to build an on-site sewage system in conformance with Chapter 13.08 OCC. The permit for on-site sewage system shall expire if the construction in accordance with the zone permit is not executed within three years of approval.

B. Any building, structure or use lawfully existing at the time of passage of this title, although not in compliance therewith, may be maintained as provided for in Chapter 17.330 OCC, Legal Preexisting Nonconforming Uses and Lots.

C. The issuance of any permit or license by any department or agency of Okanogan County shall not in any way make lawful a use of land or structure otherwise in violation of this code. Any permit or license issued for a use of land or structure thereon which violates this code shall be and is null and void.

D. Temporary emergency facilities (OCC 17.20.860) are exempt from complying with the terms of this title. (Ord. 2024-5 (Att. A), 2024).

Upon request or as determined necessary, the director shall interpret the meaning or application of the provisions of said titles and issue a written administrative interpretation within 30 calendar days. Requests for interpretation shall be written and shall concisely identify the issue and desired interpretation. The administrator’s decision shall be in keeping with the spirit and intent of this title.

A. Upon application, the administrator may determine that a use not specifically named in the allowed uses of a district shall be included among the allowed uses if the use is the same general type, and is similar in nature, to the allowed uses. Said use shall be consistent with the intent, goals and policies contained within the comprehensive plan.

B. Whenever this code imposes greater restrictions than are imposed or required by other provisions of law or regulation, then the provisions of this code shall control. (Ord. 2024-5 (Att. A), 2024).

This code shall apply to all public and private lands situated within the unincorporated portions of Okanogan County over which Okanogan County has jurisdiction under the constitutions and laws of the state and of the United States and shall set forth minimum standards in addition to such other standards that may be applicable including, but not limited to, health district regulations; the Shorelines Management Act; Okanogan County subdivision regulations; the State Environmental Policy Act; Chapter 14.04 OCC, Environmental Policy; or Chapter 14.12 OCC, Critical Areas. (Ord. 2024-5 (Att. A), 2024).

A. Zone Districts. Zone districts for all of unincorporated Okanogan County shall be established, modified, and amended as provided in Chapter 36.70 RCW and this title and shall implement the goals and policies of the Okanogan County comprehensive plan. The following zone districts are established for the unincorporated boundaries of Okanogan County: Minimum Requirement (MR), Rural 1 (R1), Rural 5 (R5), Rural 20 (R20), Rural 160 (R160), Agriculture (AG), Agricultural Residential (AR), Suburban Residential (SR), Commercial (C), Industrial (IN), Airport Development (AD), Methow Review District (MRD), Methow Review District Valley Floor 12,500 (MRD VF12,500), Methow Review District Valley Floor 1 (MRD VF1), Methow Review District Valley Floor 5 (MRD VF5), Methow Review District Uplands 20 (MRD UL20), Rural Residential (RR), Low Density Residential (LDR), Urban Residential (UR), Neighborhood Use (NU), Special Review Commercial (SRC), Neighborhood Commercial (NC), Planned Unit Development (PUD), Planned Destination Resort (PDR). Also established for the unincorporated boundaries of Okanogan County is Airport Safety and Overlay.

B. Zone Map. The zoning districts established by this title are defined as shown on Okanogan County’s official zoning maps, and together with all the explanatory material thereon, are adopted by reference and declared to be a part of this title.

1. The official zoning maps shall be maintained in electronic form and depicted in various formats and scales as appropriate to the need. The official zoning maps maintained by Okanogan County shall be the final authority as to the current zoning status of land.

2. When changes are made to zone district boundaries, such changes shall be made on the official zoning map promptly after the amendment has been approved by the board of Okanogan county commissioners. No changes shall be made to the official zoning map except in conformity with the procedures set forth in this title.

C. Zone District Boundaries. Where uncertainty exists as to the boundaries of zoning districts as shown on the official zoning maps, the following rules shall apply:

1. Boundaries indicated as approximately following the boundaries or centerlines of streets, highways, or alleys shall be construed to follow such boundaries or centerlines;

2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;

3. Boundaries indicated as approximately following city limits or similar areas shall be construed as following city limits or similar areas;

4. Boundaries indicated as approximately following the boundaries or centerlines of railroad lines shall be construed to follow such boundaries or centerlines (midway between the main tracks);

5. Boundaries indicated as following floodplains, floodways and other flood prone areas, steep slopes, critical areas or shorelines shall be construed to follow such floodplains, floodways and other flood prone areas, steep slopes, critical areas or shorelines;

6. Boundaries indicated as approximately following centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines;

7. Boundaries indicated as parallel to, or extensions of, features indicated in subsections (C)(1) through (C)(6) of this section shall be so construed. Distances not specifically indicated on the official zoning maps shall be determined by the scale of the map;

8. 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 subsections (C)(1) through (C)(6) of this section, the administrator shall interpret the zoning district boundaries. The interpretation of the administrator may be appealed in accordance with the provisions of Chapter 17.350 OCC, Appeals.

9. At the time of adoption of this title, and associated zone map, it is the intent of Okanogan County for all zone boundaries to follow property lines, wherever possible. From time to time, individual property owners may pursue boundary line adjustments, in accordance with OCC Title 16, which may result in zone boundary lines which do not follow property lines. There is no additional requirement of the landowner to submit application for a rezone, in accordance with this title, in order to reconcile zone boundaries with the adjustment of property lines. (Ord. 2024-5 (Att. A), 2024).

Modifications to density and minimum lot size beyond that which is identified within the density and/or minimum lot size section of individual zone district chapters may be permitted if approved through a variance process (Chapter 17.320 OCC). (Ord. 2024-5 (Att. A), 2024).

Any notification period established under the authority of this title, which expires on a county-recognized nonbusiness day, shall be extended to the close of business of the next county business day. (Ord. 2024-5 (Att. A), 2024).

If any provision of this title is for any reason held to be invalid, the remainder of this title shall not be affected. If any provision of this title is adjudged invalid as applied to a particular person or circumstance, that provision of this title shall not be affected as to other persons or circumstances. (Ord. 2024-5 (Att. A), 2024).

A. Scope of Water Availability Analysis.

1. A potable water availability analysis is required for subdivisions (Chapters 16.20 and 16.24 OCC) and short plat subdivisions (Chapter 16.12 OCC).

2. A potable water availability analysis is required for any of the following approvals to the extent that the use proposed necessitates potable water:

a. Variance (Chapter 17.320 OCC);

b. Shoreline substantial development permit (OCC 14.15.500);

c. Shoreline conditional use permit (OCC 14.15.520);

d. Temporary Use Permit (Chapter 17.230 OCC);

e. Conditional Use Permit (Chapter 17.310 OCC);

f. Planned Development (Chapter 17.200 OCC);

g. Building permits (OCC 15.02.030);

h. Floodplain development permit (OCC 15.08.060);

i. Planned Destination Resort (PDR) (Chapter 17.210 OCC);

j. Site analysis for development proposal (OCC 17.10.070(A)(1)).

3. An applicant for an approval identified under subsection (A)(1) or (A)(2) of this section must demonstrate water supply that is legally available and physically adequate to serve the proposed use.

4. The county’s approval of any permit applications that are not subject to an analysis of potable water availability pursuant to subsection (A)(1) or (A)(2) of this section may not be relied upon by the applicant or any successor in interest as an assurance, warranty or guarantee water is physically adequate or legally available to support any subsequent applications requiring potable water.

B. Water availability determinations for subdivisions and short plat subdivisions are subject to the following standards, as applicable:

1. Water sources and facilities adequate for fire protection purposes shall be provided in all subdivisions. Fire protection requirements shall be as delineated in Okanogan County Fire Code and/or International Building Code standards for fire protection. Fire flow shall be determined in accordance with a nationally recognized standard such as the National Fire Protection Association (NFPA) or the Uniform Fire Code.

2. Documentation of water adequacy in WRIAs 50, 51, 52, and 60 for subdivision or short plat subdivision approvals may be in the following forms:

a. Verification from an approved Group B or two-party public water system with capacity to serve the proposed use stating its commitment to provide adequate potable water to the new connection(s) and that doing so will not exceed limits imposed upon the system by any state or local regulation.

b. Verification from a Group A public water system with capacity to serve the proposed use stating its commitment to provide adequate potable water to the new connection(s) and that doing so will not exceed limits imposed upon the system by any state or local regulation.

c. Documentation from the Washington State Department of Ecology of an issued water right permit or certificate for uninterruptible potable water with an annual and instantaneous quantity sufficient to serve the proposed use. An application for a water right is not acceptable proof of adequate potable water.

d. Statement of intent to use a permit-exempt well for domestic use, subject to the following requirements:

(1) The applicant must provide documentation of the legal right to use the permit-exempt well to serve the subject property; and

(2) The applicant must provide a well report showing physical availability of water in a quantity sufficient to serve the proposed use.

3. Documentation of water adequacy in WRIA 49 for subdivision or short plat subdivisions may be in the forms identified in subsections (B)(2)(a) through (B)(2)(c) of this section. Subdivision and short plat subdivision applicants in WRIA 49 may rely upon permit-exempt wells to demonstrate water adequacy, subject to the following requirements:

a. The applicant must provide documentation of the legal right to use the permit-exempt well to serve the subject property;

b. The applicant must provide a well report showing physical availability of water in a quantity sufficient to serve the proposed use;

c. Permit-exempt withdrawals for domestic use shall not withdraw more than 5,000 gallons of water per day, whether for group or single use, in accordance with RCW 90.44.050;

d. Permit-exempt withdrawals for domestic use shall not withdraw more than an annual average of 3,000 gallons of water per day per connection; and

e. The applicant must pay a fee of $500.00, in addition to the fees required under OCC 16.12.020, 16.20.030, 16.24.020 and 16.24.040, as applicable.

4. Documentation of water adequacy in WRIA 48 for subdivisions may be in the forms identified in subsections (B)(2)(a) through (B)(2)(c) of this section. Subdivision and short plat subdivision applicants in WRIA 48 may not rely upon permit-exempt wells to demonstrate water adequacy.

C. Water availability determinations for approvals identified in subsection (A)(2) of this section are subject to the following standards, as applicable:

1. Documentation of water adequacy in WRIAs 50, 51, 52 and 60 may be in the form of documentation identified in subsections (B)(2)(a) through (B)(2)(d) of this section.

2. Documentation of water adequacy in WRIA 49 may be in the following forms:

a. Documentation identified in subsections (B)(2)(a) through (B)(2)(c) or (B)(3) of this section; or

b. Declaration of intent to use a permit-exempt well that was constructed before January 19, 2018, subject to the following limitations and requirements:

(1) The applicant must provide documentation of the legal right to use the permit-exempt well to serve the subject property;

(2) The applicant must provide a well report showing physical availability of water in a quantity sufficient to serve the proposed use;

(3) The applicant must demonstrate that the well was dug in accordance with the provisions of Chapter 18.104 RCW; and

(4) Permit-exempt withdrawals for domestic use shall not be allowed to withdraw more than 5,000 gallons of water a day, whether for group or single use, in accordance with RCW 90.44.050.

3. Documentation of water adequacy in WRIA 48 may be in the following forms:

a. Documentation identified in subsections (B)(2)(a) through (B)(2)(c) of this section.

b. Documentation identified in subsections (C)(2)(b) of this section.

c. Declaration of intent to use a permit-exempt well for domestic use subject to the following limitations and requirements:

(1) The applicant must provide documentation of the legal right to use the permit-exempt well to serve the subject property;

(2) The applicant must provide a well report showing physical availability of water in a quantity sufficient to serve the proposed use;

(3) The well may not be hydraulically connected to closed surface waters identified under Chapter 173-548 WAC;

(4) Permit-exempt withdrawals for domestic use shall not be allowed to withdraw more than 5,000 gallons of water a day, whether for group or single use, in accordance with RCW 90.44.050;

(5) The proposed use must be a single-domestic use. Accessory dwellings or other structures that are normal accessory uses customary and incidental to a single family home will be considered part of the single-domestic use to which they are an accessory, but only to the extent that such accessory dwellings and other structures are not used or authorized for commercial purposes, including nightly rentals as defined in OCC 17.20.645.

(6) Water must be available under the reservation in WAC 173-548-030 for single-domestic and stock-use. (Ord. 2024-5 (Att. A), 2024).