This title shall apply to all public and private lands situated within the incorporated limits of the city, and over which the city has jurisdiction under the Constitutions and laws of the state of Washington and the United States, and shall set forth minimum standards which are supplemental to the rules and regulations of the Shoreline Management Act and the city's master program thereunder, the State Environmental Policy Act and the city ordinances implementing the same, city, county and state health regulations, and subdivision and short subdivision ordinances of the city.

(Ord. 491 §1(part), 1992).

In interpreting and applying the provisions of this title, the provisions shall be held to be the minimum requirements adopted for the protection of the health, safety and welfare of the city and the citizens thereof.

(1)

The provisions of this title shall be liberally construed to further its purposes and in the event controversy as to the meaning of a particular provision of this title shall arise, such provision shall be construed liberally in favor of the general public interest and the stated purposes of the title.

(2)

If the conditions imposed by a provision of this title are less or more restrictive than or conflict with the conditions of any other provision of this title, or any other law, rule, contract, resolution or regulation of the state or federal government or the county of Okanogan and the city, then the more restrictive requirement or the higher standard shall govern.

(3)

Reference in this title to any existing provisions of law, including city ordinances or regulations or state or federal laws, rules or regulations shall include reference to any amendment to such provision that may occur subsequent to adoption of the ordinance codified in this chapter.

(Ord. 491 §1(part), 1992).

A lot may be used and a structure or part of a structure constructed, reconstructed, altered, occupied, or used only as this title permits. No lot, area, yard or off-street parking area existing on or after the effective date of the ordinance codified in this chapter shall be reduced below the minimum requirements of this title.

(Ord. 491 §1(part), 1992).

The provisions of this title are severable. If any section, subsection, sentence, clause or phrase of this title is adjudged by a court of competent jurisdiction to be invalid, the decision shall not affect the remaining portions of this title.

(Ord. 491 §1(part), 1992).

For the purposes of this title the following zone districts are established: residential one district, residential two district, residential three district, residential four district, commercial one district, commercial two district, commercial three district, industrial one district, industrial two district, airport district and conservancy district. The zone districts established by this title are indicated on the zoning map attached to the ordinance codified in this title and incorporated herein by this reference, and are described in the description of zone districts attached to the ordinance codified in this title and incorporated herein by this reference.

(1)

Residential One District. The intent of the R-1 district is to provide an appropriately classified area exclusively for single-family residences. This district may be used in newly platted areas or future annexations.

(2)

Residential Two District. The intent of the R-2 district is to provide for a mixture of residential types while limiting nonresidential uses. These areas are typically existing residential areas that have had a relatively high buildout.

(3)

Residential Three District. The intent of the R-3 district is to provide areas for a mixture of housing types while still retaining the residential character by limiting uses to those that are compatible with residential areas. These areas are typically residential areas that have had a moderate to low buildout rate or have that potential for redevelopment or being annexed as a new residential area.

(4)

Residential Four District. The intent of the R-4 district is to provide areas for the development of multifamily dwellings where city services such as water, sewer and streets are readily available. This district will typically occur near downtown commercial areas.

(5)

Commercial One District. The intent of the C-1 district is to provide for commercial uses within the city's central business district. Primary uses in this district are retail sales and services while emphasis is placed on pedestrian access.

(6)

Commercial Two District. The Intent of the C-2 district is to provide an area for service commercial uses. Areas typical of this district are along major arterials and access is auto oriented.

(7)

Commercial Three District. The intent of the C-3 district is to provide for areas that have services needed by the traveling public.

(8)

Industrial One District. The intent of the I-1 district is to provide an area for those industrial and commercial uses that do not produce significant noise, air pollution, odor or have other obnoxious features and tend to be consumer oriented.

(9)

Industrial Two District. The intent of the I-2 district is to provide areas for industrial developments that have characteristics which may result in more intense usage or may generate offensive noise, emissions, smoke, odor or involve heavy equipment operation or other obnoxious features.

(10)

Airport District. The intent of the airport district is to provide an area for airport, industrial and commercial uses that do not produce unreasonable dissemination of dust, smoke, visible gas, noxious gas fumes, excess noise and vibration, or odor.

(11)

Conservancy District. The intent of the conservancy district is to provide for areas that may be unsuitable for residential, commercial or industrial development; city-owned property; and areas particularly vulnerable to one hundred-year flood levels.

(Ord. 491 §1(part), 1992).

The provisions of this title shall be liberally construed to further its purposes and in the event controversy as to the meaning of a particular provision of this title arises, such provision shall be construed liberally in the favor of the general public interest.

(Ord. 491 §1(part), 1992).

Whenever a provision of this title or any other law, rule, contract, resolution or regulation of the state or federal government or of the city, of any kind, contains restrictions covering the same subject matter, the more restrictive requirement or the higher standard shall govern.

(Ord. 491 §1(part), 1992).

A.

General. No use that is illegal under local, state or federal law shall be allowed in any zone within the city.

B.

Specific Application—Medical Marijuana Dispensaries and Collective Gardens. Until such time that this code is amended to provide specific provisions and land use controls allowing and regulating dispensaries of cannabis and/or collective gardens for the production, distribution and dispensing of cannabis for medical uses, all as further defined and set forth in Chapter 69.51A RCW and E2SSB 5073, Laws of 2011 of the state of Washington, such uses are not allowed in any zone within the city. For purposes of this section, "dispensary" means any person, entity, site, location, facility, business, cooperative, collective, whether for profit or not for profit, that distributes, sells, dispenses, transmits, packages, measures, labels, selects, processes, delivers, exchanges or gives away cannabis for medicinal or other purposes.

(Ord. No. 821, § 1, 12-18-2012)

As found in this title, words used in the present tense shall include the future tense, and the singular numbers shall include the plural and the plural the singular; the word "shall" is mandatory.

(Ord. 491 §1(part), 1992).

Reference to any existing provisions of law includes reference to any amendments to such provision that may occur subsequent to the adoption of the ordinance codified in this title.

(Ord. 491 §1(part), 1992).

Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules apply:

(1)

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

(4)

Boundaries indicated as following railroad lines shall be construed as following the railroad lines;

(5)

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;

(6)

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

(7)

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

(8)

Where physical features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by the above subsections of this section, the planning commission shall interpret the boundaries.

(Ord. 491 §1(part), 1992).