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Tonasket City Zoning Code

CHAPTER 17

70 USE DISTRICT REGULATIONS AND STANDARDS

§ 17.70.010 Purpose.

The purpose of the use district regulations and standards is to provide a concise reference for determining the specific uses, maximum bulk, maximum density, and setback requirements for each use district. Also provided are general requirements that are common to many different use districts.
(Ord. 850 § 1 (Exh. A), 2024)

§ 17.70.020 District use chart.

The district use chart is established as a tool for the purpose of determining the specific uses allowed in each district. Allowed uses are defined as the principal or predominant use of any lot or parcel. No use shall be allowed in a use district or overlay that is not listed in the use chart as either an A (Allowed or Permitted Use), CU (Conditional Use), or PD (Planned Development) unless the administrator determines that the listed use is permitted as a home occupation (see definition in TMC § 17.10.017) and/or an unlisted use is similar to one that is already enumerated in the use chart, whereupon such use is subject to the requirements associated with that use under this title. The following acronyms apply to the use chart:
A – Allowed or Permitted Use (TMC § 17.70.030)
AP – Administrative Permit
CUP – Conditional Use Permit (Chapter 17.100 TMC)
PD – Planned Development (Chapter 17.110 TMC)
X – Prohibited Use (TMC § 17.70.060)
* – Permitted as stated
If a proposed use is not specifically listed in the district use chart, an applicant may request an interpretation from the administrator as to whether or not the proposed use is to be allowed.
A. 
Approval Criteria. In making such an interpretation, the administrator shall assess the anticipated impacts of the proposed use and consider the following criteria in the context of that assessment:
1. 
Whether the use is compatible with the goals and policies of the comprehensive plan;
2. 
Whether the use is consistent with the purpose and intent of this title;
3. 
Whether the use is consistent with the intent of the applicable zoning district or overlay, as specified in this title;
4. 
Whether the use is compatible with adjacent uses.
B. 
Review and Approval. The administrator shall review the measures proposed for compliance with the approval criteria and shall approve or conditionally approve a permit application to ensure compliance with those standards. If there is a question regarding the suitability of a proposed use, the administrator shall have the option of requiring the applicant to submit a conditional use permit application for approval by the planning commission. The administrator is encouraged to consult informally with the planning commission whenever he or she has a question regarding the suitability of any proposed use, prior to requiring submittal of a conditional use permit application.
Table 1
District Use Chart
City of Tonasket Zoning Use Chart
Zoning Districts
Land Uses
R-1
R-2
R-R
C-1
C-2
MU
M-1
AI1
PU
General
Accessory structures or uses2
A
A
A
A
A
A
A
A
A
Accessory utilities
A
A
A
A
A
A
A
A
A
Airports
X
X
X
X
X
X
X
A
X
Amateur radio towers and antennas
A
A
A
A
A
A
A
X
X
Animal shelters
X
X
CUP
X
CUP
A
A
A
A
Broadcast facilities, radio or television stations – commercial
X
X
X
A
A
A
A
X
A
Bus stations/taxi stands
X
X
X
A
A
A
A
A
A
Garbage dumps, garbage, offal, dead animal reduction and/or disposal facilities
X
X
X
X
X
X
X
X
X
Heliport
X
X
X
X
X
X
X
A
X
Helispot
X
X
X
X
X
X
X
A
X
Helispot, EMS
X
X
X
X
X
X
A
A
X
Macro facilities
CUP
CUP
CUP
A
A
A
A
A
A
Mega facilities
X
X
X
A
A
A
A
A
A
Micro facilities
A
A
A
A
A
A
A
A
A
Mixed use development
X
PD
PD
A
A
A
X
X
A
Municipal uses
CUP
A
CUP
A
A
A
A
A
A
Parking facilities
CUP3
CUP3
CUP3
A
A
A
A
A
A
Primary utilities
CUP
CUP
CUP
A
A
A
A
A
A
Recycling drop-off stations
X
X
X
X
A
A
A
X
A
Sanitary landfills
X
X
X
X
X
X
X
X
X
Subdivisions
A
A
A
A
A
A
A
A
A
Signs4
A
A
A
A
A
A
A
A
A
Temporary Markets
X
X
X
A
A
A
A
A
A
Towers – commercial
X
X
X
A
A
A
A
A
A
Wireless communication facilities
A
A
A
A
A
A
A
A
A
Residential
Accessory dwelling units – regulations in TMC § 17.70.090
CUP
A
A
A
A
A
X
A
A
Adult family homes as a use within an existing or allowed single-family dwelling
A
A
A
A
A
A
X
X
X
Assisted living facilities
CUP
A
A
A
A
A
X
X
A
Bed and breakfasts as a use within an existing or allowed single-family dwelling
A
A
A
A
A
A
X
X
X
Boardinghouses, lodginghouses or roominghouses
A
A
A
A
A
A
X
X
A
Convalescent centers
CUP
CUP
CUP
A
A
A
X
X
A
Dwellings, apartments
X
A
X
PD5
PD5
A
X
X
A
Dwellings, apartment, manager's/shift quarters, permitted same as primary use
*
*
*
*
*
*
*
*
*
Dwellings, multifamily
X
A
X
PD5
PD5
A
X
X
A
Dwellings, single-family
A
A
A
X
X
A
X
X
A
Dwellings, two-family
A
A
A
X
X
A
X
X
A
Family day care home as a use within an existing or allowed single-family dwelling
*
*
*
*
*
*
*
*
*
Home occupations as an accessory use to an existing or allowed dwelling unit – regulations in TMC § 17.70.150
A
A
A
A
A
A
X
A
A
Housing for people with functional disabilities (limited to existing residences in commercial and mixed use zones)
A
A
A
X
X
X
X
X
A
Manufactured home in an approved manufactured home park
A
A
A
X
X
A
X
X
A
Manufactured home, individual lot
A
A
A
X
X
A
X
X
A
Manufactured home parks6
PD
PD
PD
X
X
PD
X
X
PD
Multifamily uses
PD
A
X
PD5
PD5
A
X
X
PD
Nursing homes7
CUP
CUP
CUP
A
A
A
X
X
A
Residential care facilities7
CUP
CUP
CUP
A
A
A
X
X
A
Retirement communities
PD
PD
PD
A
A
A
X
X
A
Supported living arrangements (limited to existing residences in commercial and mixed use zones)
A
A
A
X
X
X
X
X
A
Townhouses – zero lot line
PD
A
PD
X
X
A
X
X
X
Commercial
Adult entertainment facilities – regulations in TMC § 17.70.170
X
X
X
X
A8
A8
A8
X
X
Animal (veterinary) clinics/hospitals
X
X
CUP
CUP
A9
A
A
X
X
Automobile, boat, truck, trailer, motorcycle sales, service, display, rental or storage businesses
X
X
CUP
A9
A
A
A
A
X
Automobile, truck, or other motor vehicle repair shops
X
X
CUP
A9
A9
A
A
A
A
Business or professional offices
X10
X10
X10
A
A
A
A
A
A
Car washes
X
X
X
A
A
A
A
X
X
Carpenter, cabinet or glass shops
X
X
X10
A10
A10
A
A
A
X
Day care centers
X
CUP
CUP
A
A
A
A
X
A
Drive-in restaurants
X
X
X
A
A
A
A
X
X
Eating and drinking establishments
X
X
X
A
A
A
A
A
A
Electric, plumbing, or heating shops
X
X
X
A
A
A
A
A
X
Feed, grain and farm supplies
X
X
X
A
A
A
A
A
X
Financial institutions
X
X
X
A
A
A
A
X
X
Fuel sales
X
X
X
A
A
A
A
A
X
Grocery stores
X
X
X
A
A
A
A
X
X
Hotels and motels
X
X
X
A
A
A
X
A
X
Inns, lodges and guest ranches
X
X
PD
A
A
A
X
X
X
Lumber, construction materials sales and storage businesses
X
X
X
A
A
A
A
A
X
Machinery, implement, equipment sales, display, repair, service or storage establishments
X
X
X
X
A9
A
A
A
X
Microbreweries
X
X
A
A
A
A
A
X
A
Mini day care centers
CUP
A
CUP
A
A
A
A
X
A
Mini-mart
X
X
X
A
A
A
A
X
X
Mortuaries
X
X
CUP
A
A
A
A
X
A
Nurseries, greenhouses – commercial
X
X
A
A
A
A
A
A
A
Outdoor mobile vendors
X
X
X
AP
AP
AP
AP
X
AP
Personal services
X
X10
X10
A
A
A
A
X
X
Personal storage facilities
X
X
CUP
X
A
A
A
A
X
Rentals, home or garden equipment businesses
X
X
X
A
A
A
A
A
X
Repair shops for radio, TV, small appliances, shoes, watches or other similar items
X10
X10
X10
A
A
A
A
A
X
Resorts
X
X
PD
A
A
A
X
X
X
Retail sales
X
X
X
A
A
A
A
A
A
Secondhand/antiques store
X
X
X
A
A
A
A
X
X
Service stations
X
X
X
A
A
A
A
A
X
Short-term vacation rentals
AP
AP
AP
AP
AP
AP
AP
AP
AP
Sign painting shops
X
X
A
A
A
A
A
A
X
Tailor shops
X10
X10
X10
A
A
A
X
X
X
Tire sales, service and repair shops
X
X
X
A9
A9
A
A
A
X
Truck stops
X
X
X
X
A9
A
A
X
X
Upholstery shops
X10
X10
A
A
A
A
A
A
X
Variety/department stores
X
X
X
A
A
A
X
X
X
Heavy equipment sales
X
X
X
X
A
A
A
A
X
Manufacturing/Industrial
Acid manufacturers
X
X
X
X
X
X
CUP
X
X
Asphalt mixing plants
X
X
X
X
X
CUP
A
X
X
Automobile wrecking yards
X
X
X
X
X
CUP
A9
X
X
Bulk storage facilities
X
X
X
X
A
A
A
A
A
Cement, lime, gypsum, plaster of paris manufacturers
X
X
X
X
X
CUP
A
X
X
Distillation of bones
X
X
X
X
X
CUP
A
X
X
Explosives manufacturer or storage facilities
X
X
X
X
X
X
X
X
X
Fat rendering facilities
X
X
X
X
X
X
X
X
X
Fertilizer manufacturers
X
X
X
X
X
A
A
X
X
Freight depot, truck terminals
X
X
X
X
A
A
A
A
X
Gas manufacturing or storage facilities
X
X
X
X
X
CUP
CUP
X
X
Generators (hazardous waste), as primary use
X
X
X
X
X
X
X
X
X
Glue manufacturers
X
X
X
X
X
X
CUP
X
X
Hazardous waste treatment and storage facilities
X
X
X
X
X
CUP
CUP
X
X
Machine shops
X
X
X
X
A
A
A
A
X
Manufacturing, heavy
X
X
X
X
CUP
A
A
CUP
X
Manufacturing, light
X
X
A
X
A
A
A
A
X
Newspaper, printing, or lithographic establishments
X
X
X
A
A
A
A
A
X
Paper and pulp manufacturers
X
X
X
X
X
X
CUP
X
X
Petroleum refining or manufacture of its by-products facilities
X
X
X
X
X
X
CUP
X
X
Processing or handling of hazardous wastes
X
X
X
X
X
CUP
CUP
X
X
Railroad facilities
X
X
X
A
A
A
A
A
A
Scrapping, recycling and processing yards
X
X
X
X
CUP
CUP
A
X
X
Slaughterhouses
X
X
X
X
CUP11
X
X
X
X
Smelting or refining aluminum, copper, tin, zinc, or other metallic ore
X
X
X
X
X
X
CUP
X
X
Stockyards and feedlots
X
X
X
X
X
X
X
X
X
Storage (hazardous waste)12
CUP
CUP
CUP
A
A
CUP
A
A
A
Tanning, curing, storage of raw hides or skins facilities
X
X
X
X
A9
A9
A9
X
X
Treatment (hazardous waste)12
CUP
CUP
CUP
A
A
A
A
A
A
Welding, sheet metal or machine shops
X
X
X
X
A
A
A
A
X
Wholesale/warehouses
X
X
A
X
A
A
A
A
X
Winery
X
X
A
X
X
A
A
X
X
Resource Industries
Agriculture – commercial
X
X
A
X
X
A
A
A
X
Agriculture – noncommercial
A
A
A
A
A
A
A
A
A
Agricultural equipment and facilities
X
X
A
X
X
A
A
A
A
Agriculture related industries
X
X
A
X
A
A
A
A
X
Animal feeding operations
X
X
X
X
X
X
X
X
X
Confined animal feeling operations (CAFO)
X
X
X
X
X
X
X
X
X
Domestic farm animals
X
X
X
X
X
X
X
X
X
Excavation and removal of sand, gravel, stone, loam, dirt or other earth products
X
X
X
X
X
A
X
A
A
Feedlots
X
X
X
X
X
X
X
X
X
Gravel pits
X
X
X
X
X
A
X
X
A
Manure lagoons
X
X
X
X
X
X
X
X
X
Mining
X
X
X
X
X
A
X
X
X
Sawmills and lumber mills
X
X
X
X
X
CUP
CUP
X
X
Sawmills, portable
X
X
CUP
X
A13
A
A
X
X
Community/Cultural/Recreation
Boating facilities
A
A
A
A
A
A
A
X
A
Boating facilities, commercial
X
X
X
A
A
A
A
A
A
Campgrounds
X
X
PD
PD
PD
PD
X
X
A
Churches
CUP
A
A
A
A
A
A
X
X
Commercial recreation
X
CUP
PD
A
A
A
X
X
A
Community boating facilities
A
A
A
A
A
A
A
X
A
Community centers, meeting halls, fraternal lodges
CUP
A
A
A
A
A
X
X
A
Community youth centers
CUP
A
A
A
A
A
X
X
A
Hospitals
CUP
CUP
CUP
A
A
A
X
X
A
Private and public schools
CUP
CUP
CUP
A
A
A
X
X
A
Private libraries, art galleries, museums or similar uses
X
CUP
A
A
A
A
X
X
A
Recreational developments and uses
CUP
A
A
A
A
A
X
X
A
Recreational vehicle parks (see Chapter 17.90 TMC for requirements)
X
X
PD
PD
PD
PD
X
X
PD
Special events
X
X
X
A
A
A
A
A
A
Studios for art, music, photography or other similar uses
X10
X10
X10
A
A
A
A
X
A
Theaters and auditoriums
X
X
X
A
A
A
X
X
A
Notes:
1. All structures, land uses and development permitted within the AI zone are subject to FAA standards for height and setback from centerline of runway.
2. All accessory uses and structures shall be subject to the provisions of Chapter 17.75 TMC.
3. Limited to facilities accessory to a permitted use if on a separate lot.
4. All signs subject to the requirements of Chapter 15.12 TMC.
5. Residential uses must be part of a mixed use development and shall be located on the second story or above.
6. All manufactured home parks subject to the requirements of Chapter 17.95 TMC.
7. Therapy animals are permitted subject to TMC § 17.70.182.
8. Adult entertainment uses subject to the requirements of TMC § 17.70.170.
9. Permitted outright if the use is located entirely within an enclosed building or if it is at least 200 feet from an R-1 district or an R-2 district.
10. Permitted as a home occupation in compliance with TMC § 17.70.150.
11. Slaughterhouses subject to the requirements of TMC § 17.70.200.
12. On-site hazardous waste treatment and storage facilities, except that such facilities are permitted only if such a use is accessory to or part of an existing permitted or conditional use. Such uses shall be subject to the general provisions of TMC § 17.05.040.
13. Conditions may only be imposed to protect permitted outright uses and right-of-way issues compliant with comprehensive plan.
(Ord. 829 (Exh. B), 2021; Ord. 849 § 2 (Exh. B), 2024; Ord. 850 § 1 (Exh. A), 2024)

§ 17.70.030 Allowed uses.

Uses allowed in all districts shall be as shown in the district use chart. Allowed uses are defined as the primary or predominant use of any lot or parcel.
(Ord. 850 § 1 (Exh. A), 2024)

§ 17.70.040 Accessory uses.

Uses allowed as accessory uses shall be as shown in TMC § 17.70.020, Table 1 – District Use Chart, and Chapter 17.75 TMC. Accessory uses are uses, structures, buildings or portions thereof that are subordinate to the allowed or principal use or building on the same lot or parcel to which it is accessory. Accessory uses are only permitted when accompanying primary use. Unless permitted as an accessory dwelling, accessory buildings shall contain no habitable space, nor shall they exceed 20 feet in height, unless otherwise specifically provided by other provisions of this title.
(Ord. 850 § 1 (Exh. A), 2024)

§ 17.70.050 Conditional uses.

Uses allowed as conditional uses in all districts shall be as shown in TMC § 17.70.020, Table 1 – District Use Chart, and Chapter 17.100 TMC. Conditional uses are permitted in a particular district upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of the use as specified by this title and authorized by the city of Tonasket.
(Ord. 850 § 1 (Exh. A), 2024)

§ 17.70.060 Prohibited uses.

Uses prohibited or not allowed in each district shall be as shown in TMC § 17.70.020, Table 1 – District Use Chart. Mobile homes, as defined in TMC § 17.10.022, are considered nonconforming structures and shall not be relocated or brought into the city.
(Ord. 850 § 1 (Exh. A), 2024)

§ 17.70.070 Not listed uses.

If a proposed use is not specifically listed in the district use chart, an applicant may request an interpretation from the administrator as to whether or not the proposed use is to be allowed.
A. 
Approval Criteria. In making such an interpretation, the administrator shall assess the anticipated impacts of the proposed use and consider the following criteria in the context of that assessment:
1. 
Whether the use is compatible with the goals and policies of the comprehensive plan;
2. 
Whether the use is consistent with the purpose and intent of this title;
3. 
Whether the use is consistent with the intent of the applicable zoning district or overlay, as specified in this title;
4. 
Whether the use is compatible with adjacent uses;
5. 
Whether the use is similar to a listed use or is a subgroup of a listed use.
B. 
Review and Approval. The administrator shall review the measures proposed for compliance with the approval criteria and shall approve or conditionally approve a permit application to ensure compliance with those standards. If there is a question regarding the suitability of a proposed use, the administrator shall have the option of requiring the applicant to submit a conditional use permit application for approval by the planning commission. The administrator is encouraged to consult informally with the planning commission whenever he or she has a question regarding the suitability of any proposed use, prior to requiring submittal of a conditional use permit application.
However, this section does not authorize the inclusion of a use in a district where it is not listed when the use or very similar use is specifically listed in another district.
(Ord. 850 § 1 (Exh. A), 2024)

§ 17.70.080 Lot size, width, bulk, height and density standards.

Lot size, width, bulk, height and density standards shall be as provided in Table 2.
Table 2
Bulk, Height, Setbacks and Lot Coverage
R-1
R-2
R-R
C-1
C-2
MU
M-I
PU
AI
Minimum lot size1
7,000 sq ft, single-family dwelling
5,000 sq ft, single-family dwelling
10,000 sq ft, single- family dwelling
2,500 sq ft commercial
5,000 sq ft commercial
5,000 sq ft commercial/ industrial, 7,000 sq ft single-family dwelling
2,500 sq ft commercial/ industrial
n/a
n/a
2,000 sq ft for each additional DU
1,200 sq ft for each additional DU
5,000 sq ft each additional DU
1,200 sq ft for each additional DU
1,200 sq ft for each additional DU
2,000 sq ft for each additional DU
n/a
n/a
n/a
Minimum lot width at front setback line:
corner lot
60'
60'
80'
n/a
n/a
60'
n/a
n/a
n/a
interior lot
50'
50'
50'
n/a
n/a
50'
n/a
n/a
n/a
Maximum density, with PD permit
8 d.u./acre
8+ d.u./acre
5 d.u./acre
8+ d.u./acre
8+ d.u./acre
30 d.u./acre
n/a
n/a
n/a
Maximum impervious surfaces2
50%
60%
40%
100%11
100%11
100%11
100%11
n/a
n/a
Minimum front yard setback2,3,4, 12
25'
20'
25'
0'9
0'9
8
0'9
0'9
0'
Minimum side yard setback2,3
5' minimum, at least 14' total
5'
10'
0'6
0'6
8
0'6
0'6
0'6
Minimum street side yard2,3
25'
15'
25'
0'9
0'9
8
0'9
n/a
n/a
Minimum rear yard setback, main structure3
20'
20'
25'
0'7
0'7
8
0'7
0'7
0'7
Minimum rear yard setback, accessory structure3
2'5
2'5
2'5
0'
0'
8
0'
0'
0'
Maximum height, main structure
35'
35'
35'
40'
40'
50'
50'
50'
10
Maximum height, accessory structure accessory to residential uses
24'
24'
24'
24'
24'
24'
24'
24'
10
Notes:
Legend: d.u. = dwelling unit
1. Minimum lot sizes do not apply to planned developments.
2. Maximum lot coverage, front yard setback, and side yard setback apply to all structures, including accessory housing units and other impervious surfaces (e.g., stored vehicles, RVs, etc.).
3. Required off-street parking is not allowed in required front, side, or rear yard setbacks.
4. On through lots, front yards shall be required on both streets.
5. Provided, the structure is more than 60 feet from the street abutting the front yard and 20 feet from the street abutting the street side yard; and provided, the structure is detached from all other buildings by 10 feet or more and limited to uncovered parking and detached single-story tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 200 square feet and height does not exceed 12 feet. All others subject to five-foot setback.
6. The side yard shall be a minimum of five feet where it abuts, touches, or adjoins an R-1 district, R-2 district or R-R district.
7. The rear yard shall be a minimum of 10 feet where it abuts, touches, or adjoins an R-1 district, R-2 district or an R-R district.
8.A. For commercial and industrial uses:
1. The front yard shall be a minimum of 25 feet where it abuts, touches, or adjoins an R-1 district, an R-2 district or R-R district.
2. The side yard shall be a minimum of 10 feet where it abuts, touches, or adjoins an R-1 district, an R-2 district or R-R district.
3. The rear yard shall be a minimum of 20 feet where it abuts, touches, or adjoins an R-1 district, an R-2 district or R-R district.
B. For residential uses:
1. The front yard shall be a minimum of 25 feet.
2. On through lots, front yards shall be required on both streets.
3. Each side yard shall be a minimum of 10 feet.
4. The street side yard shall be a minimum of 25 feet. The rear yard shall be a minimum of 25 feet.
9. Where provided with an approved curb and sidewalk, projections over the right-of-way are permitted as provided by building and fire codes.
10. All structures subject to FAA height limitations and current adopted airport layout plan.
11. Coverage requires installation of a storm system designed to meet/exceed a one percent event with no runoff and clarify (remove PHM and sediment) before dispersal.
12. Where existing front yard setbacks on adjacent lots are less than the figure given, the administrator may reduce the required front yard setback by averaging the existing setbacks for the homes on either side and across the street, and taking into consideration the comprehensive plan designation width for the street. See also TMC § 17.80.020. In no case shall the setback be less than the average without approval of a variance.
(Ord. 850 § 1 (Exh. A), 2024)

§ 17.70.090 Accessory dwellings.

Accessory dwelling units in new or existing single-family dwellings, or on a parcel with an existing single-family dwelling, shall be allowed as provided in Table 1 – District Use Chart, TMC § 17.70.020. Such dwellings in C-1 and C-2 districts shall only be permitted as appurtenant to the permitted use. Accessory dwelling units are subject to the following design and occupancy standards:
A. 
The accessory dwelling shall contain not less than the minimum required for a dwelling unit by the International Residential Code and not more than 50 percent of the square footage of the primary dwelling, excluding any related garage area; provided, if the accessory dwelling is completely located on a single floor, the administrator may allow increased size in order to efficiently use all floor area, so long as all other standards set forth in this section are met; and
B. 
Any number of related persons may occupy each unit in a single-family residence with an accessory dwelling; provided, that if unrelated persons occupy either unit, the total number of persons occupying both units together may not exceed 10; and
C. 
One off-street parking space shall be required for the accessory dwelling, in addition to the off-street parking required for the primary residence or use; and
D. 
Any additions to an existing building for the purpose of installing an accessory dwelling or a detached accessory dwelling shall not exceed the allowable lot coverage or encroach into the existing setbacks.
E. 
In order to encourage the development of housing units for people with disabilities, the administrator may allow reasonable deviation from the stated requirements to install features that facilitate accessibility. Such facilities shall be in conformance with the International Building Code as adopted by the city.
F. 
That portion of a single-family dwelling or other structure which meets the definition of an accessory dwelling which was in existence prior to the effective date of this title may continue in existence provided the following requirements are met:
1. 
The accessory dwelling complies with the minimum requirements of the International Building Code as adopted by the city related to efficiency dwellings.
(Ord. 829 § 1 (Exh. A), 2021; Ord. 850 § 1 (Exh. A), 2024)

§ 17.70.100 Other accessory buildings.

Accessory uses and/or buildings other than accessory dwelling units shall be permitted as listed in TMC § 17.70.020, Table 1 – District Use Chart, and be subject to the requirements of Chapter 17.75 TMC.
(Ord. 850 § 1 (Exh. A), 2024)

§ 17.70.110 Fences, walls and hedges.

A. 
In all residential districts, fences, walls and hedges are allowed to a maximum height of four feet when located in a front yard and side street yard and six feet when located in a side or rear yard.
B. 
Fences located on corner lots are subject to the clear vision requirements in TMC § 17.70.120.
C. 
In all residential districts, fences shall be constructed of suitable residential fencing materials approved by the permit administrator or his or her designee. Suitable residential fencing materials shall not include plywood, portions of apple bins, chicken wire, barbed wire, or other similar materials.
(Ord. 850 § 1 (Exh. A), 2024)

§ 17.70.120 Clear vision requirements.

Except in the C-1 zoning district, no fence, wall, structure of any kind, bush or foliage shall be erected or placed or be allowed to grow or to be maintained at a height of over 36 inches above the established top of any curb grade on any public or privately owned land within an area having a direct base line as follows:
A. 
Street Intersections. From the intersection of two street lines at points 25 feet back from the intersection of such street lines or such street lines extended.
B. 
Alley Entrances. Intersecting the street and alley line at points 20 feet back from the intersection of such street and alley lines or such street and alley lines extended.
(Ord. 850 § 1 (Exh. A), 2024)

§ 17.70.130 Landscaping.

The purpose of the landscaping and screening requirements of this section is to increase compatibility between different intensities of land uses by encouraging visual barriers that interrupt the barren expanse of paved parking lots, screen undesirable views of selected industrial uses, promote desirable land-use patterns, reduce the impact of erosion and stormwater runoff, promote natural groundwater recharge, and to improve and maintain the inherent beauty of our city.
A. 
Minimum Landscape Standards – Multifamily Developments. The following design and development standards apply to developments that include multifamily dwellings:
1. 
Visual screening of trash areas and other service areas of the development shall be provided through landscape planting, fencing or other methods which provide for visual screening and which prevent blowing of trash.
2. 
Parking areas and buildings shall be provided with landscaping which breaks up the visual impact of the development from adjacent properties, and which prevents the occurrence of noxious weeds. If parking is to be located in the front yard area of the lot, then landscaped buffers must be included between the street and such parking areas.
3. 
All landscaping must commence immediately upon completion of construction. Landscaping must be maintained to ensure long-term viability of planting; underground or timed water systems may be required for water conservation.
4. 
Landscape plans shall be submitted as part of the development application process for multifamily developments.
5. 
Stormwater shall be channeled and disposed of on site by dispersal through a grassy area of sufficient size for the anticipated amount of runoff, or by release into a properly designed dump area with appropriate filtration devices, or through other methods to ensure no degradation of water sources or increased levels of runoff onto adjoining property.
B. 
Minimum Landscaping Standards – Commercial Districts. The following landscape design standards apply to development in the C-1 and C-2 districts:
1. 
Buffers or other means of providing light and glare protection, visual screening and sound dampening are required if adjacent to any residential (R-R, R-1 or R-2) district.
2. 
Buffers providing visual screening of developed portions of lots are required if adjacent to a roadway designated in the Tonasket comprehensive plan as an arterial or collector street.
3. 
All landscaping must commence immediately upon completion of construction. Landscaping must be maintained to ensure long-term viability of plantings; underground or timed water systems may be required for water conservation.
4. 
Landscape plans shall be submitted as part of the development application process for multifamily developments.
5. 
Stormwater shall be channeled and disposed of on site by dispersal through a grassy area of sufficient size for the anticipated amount of runoff, or by release into a properly designed dump area with appropriate filtration devices, or through other methods to ensure no degradation of water sources or increased levels of runoff onto adjoining property.
(Ord. 850 § 1 (Exh. A), 2024)

§ 17.70.140 Signs.

All signs are subject to Chapter 15.12 TMC, Sign Code.
(Ord. 850 § 1 (Exh. A), 2024)

§ 17.70.150 Home occupations.

The purpose of this section is to permit limited types of businesses that may be conducted in residences and dwelling units and still protect the character and integrity of residential neighborhoods and districts. The home occupation is the use of a portion of a dwelling for a commercial enterprise. A definition of what constitutes a home occupation can be found in Chapter 17.10 TMC.
A. 
Home occupations shall be allowed as established by TMC § 17.70.020, Table 1 – District Use Chart, provided the following standards are met:
1. 
Home occupations shall be subject to other licensing and registration requirements of the city and of the state as applicable; and
2. 
The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes with not more than 35 percent of the gross floor area of the structure(s) being used for conducting the home occupation; and
3. 
The home occupation shall be fully enclosed within the primary residential structure or its accessory building(s) with the combined area limited to no more than 500 square feet; and
4. 
No persons other than current residents of the structure and two nonresident employees at any one time may be employed in the home occupation; and
5. 
There shall be no change in the outside appearance of the building or other visible evidence of conduct of the home occupation other than one nonreflective, indirectly illuminated sign of not more than two square feet attached to the side of the residence. No window displays shall be allowed; and
6. 
In no way shall the home occupation be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, noise, glare, electrical or audiovisual interference, dust, smoke or vibrations; and
7. 
No materials or commodities shall be delivered to or from the home occupation which are of such bulk or quantity as to require delivery by a commercial vehicle or trailer having more than a single axle; and
8. 
No unreasonable volume of traffic shall be generated for the residential district by the home occupation. Any need for parking by the conduct of a home occupation shall be met off the street rather than in the required front yard.
B. 
Ineligible Uses. The following uses by their nature have a tendency to expand beyond the limits of a home occupation or to otherwise impair the residential nature and value of the neighborhood, and shall be ineligible for classification as a home occupation:
1. 
Auto, motorcycle or engine repair;
2. 
Barber or beauty shops or salons with more than one chair;
3. 
Exercise or health spas or salons;
4. 
Private schools with more than two students at one time;
5. 
Painting of vehicles;
6. 
Retail shops;
7. 
Exterior storage of materials and equipment for an occupation that is primarily conducted off site.
C. 
Procedures. Prior to the conducting of a home occupation or issuance of a business license and/or registration therefor by the city, a person desiring to conduct a business not otherwise designated as an allowed use in the underlying zoning district as a home occupation shall apply to the administrator for approval of such home occupation, on a form provided by the administrator. Upon receipt of such application and fee therefor, the administrator shall determine if the proposed home occupation is above or below the threshold of an administrative home occupation. Applicants that have demonstrated compliance with this section as an administrative home occupation shall be issued a certificate of such compliance by the administrator. With other applications, the administrator may send notice of such application to all landowners within 200 feet of the proposed location thereof, and may ensure that the property is posted with notice of such application. Such notices shall include the right of all interested persons to make written comments to the administrator regarding such application. Not less than 15 days nor more than 30 days after mailing and posting of such notice if applicable or not more than 15 days if no vicinity notice is given, the administrator shall determine if the proposed home occupation meets all the requirements and standards set forth in this title and is consistent with the goals and policies of the Tonasket comprehensive plan, and shall issue a home occupation permit or attach reasonable conditions to the permit designed to ensure compliance with this title and comprehensive plan and a certificate thereof to the applicant or a written decision to the applicant denying such home occupation permit.
D. 
Decisions by the Permit Administrator. For the purposes of enabling this chapter, the permit administrator is empowered and directed to review applications for home occupation permits and may apply reasonable conditions in the same manner, scope and limitations as a conditional use permit. Appeals of any action of the permit administrator relating to the application of this section shall be heard and may be affirmed, modified or overturned as provided for in TMC § 17.115.030.
E. 
Finding of Fact and Conclusions Required. All decisions relating to the review of applications, issuance and/or revocation of permits for home occupations shall be supported by a written finding of fact and conclusions issued by the administrator. Said documents shall be attached to the file and kept in the records of the city.
F. 
Notice Required. No later than 10 days after issuing a written decision on an application, notice of such action shall be forwarded to the applicant and any person filing a request for notice on the application and the city clerk. Said notice shall include the decision and related finding of fact and conclusion and the rights to and the procedure for appealing such decision.
G. 
Voiding of Approval. The administrator may void any home occupation permit for noncompliance with any of the standards listed in subsection (A) of this section or any applied condition set forth when the application was approved. Such voided home occupation permits may only be reauthorized by the application and review as described in subsection (C) of this section.
H. 
Discontinued Permits. In the event that a home occupation is abandoned or inactive for a period in excess of two years, said permits shall be deemed a discontinued permit. Such discontinued home occupation permits may only be reauthorized by the application and review as described in subsection (C) of this section.
I. 
For the purposes of this section, garage and yard sales shall not be considered home occupations, so long as the sale involves only the sale of household goods, none of which were purchased for the purpose of resale and the sale does not continue for more than four consecutive days in any calendar month and is not in violation of any other provisions of the Tonasket Municipal Code.
(Ord. 850 § 1 (Exh. A), 2024)

§ 17.70.160 Mobile vendors.

Repealed by Ord. 850.

§ 17.70.170 Adult entertainment facilities.

A. 
Scope of Restrictions. All adult entertainment facilities shall comply with the requirements of this section. The purpose and intent of requiring standards for adult entertainment facilities is to mitigate the adverse secondary effects caused by such facilities and to maintain compatibility with other land uses and services permitted within the city. The standards established in this section apply to all adult entertainment facilities and include, but are not limited to, the following: adult arcades, adult cabarets, adult motels, adult motion picture theaters, and adult retail stores. The standards established in this section shall not be construed to restrict or prohibit the following activities or products: (1) plays, operas, musicals, or other dramatic works that are not obscene; (2) classes, seminars, or lectures which are held for a serious scientific or educational purpose that are not obscene; and (3) exhibitions, performances, expressions, or dances that are not obscene.
B. 
Separation Requirements. Adult entertainment facilities are prohibited in all zoning districts except the C-2 district. Adult entertainment facilities shall be permitted in these districts as set forth in TMC § 17.70.020, Table 1 – District Use Chart, only if the following separation requirements are met:
1. 
No adult entertainment facility shall be located closer than 500 feet to any other adult entertainment facility whether or not such adult entertainment facility is located within or outside the city limits.
2. 
No adult entertainment facility shall be located closer than 500 feet to any residential zoning district whether or not such zoning district is located within or outside the city limits.
3. 
No adult entertainment facility shall be located closer than 500 feet to any of the following uses whether or not such use is located within or outside the city limits:
a. 
Any public park;
b. 
Any public library;
c. 
Any public or private nursery school or preschool;
d. 
Any public or private primary or secondary school;
e. 
Any day care;
f. 
Any community youth center; and
g. 
Any place of worship.
C. 
Measurement. The 500-foot buffers required by this section shall be measured by extending a straight line from the nearest point on the property line of the lot containing the proposed adult entertainment facility to:
1. 
The nearest point on the boundary line of a residential zoning district;
2. 
The nearest point on the property line of a public park; or
3. 
The nearest point on the property line of the lot containing an adult entertainment facility, a public library, public or private nursery school or preschool, public or private primary or secondary school, day care, community youth center, or place of worship.
D. 
Variances. Whenever the applicant for an adult entertainment facility believes that the separation requirements set forth in this section are not necessary to achieve an effective degree of physical separation between the proposed adult entertainment facility and the zoning districts and uses identified in subsection (B)(3) of this section, the applicant shall have the right to apply for a variance from the separation requirements subject to the procedures set forth in Chapter 17.105 TMC (Variances) and upon payment of the applicable fee for a variance application. In determining whether a variance should be granted, the city council shall consider the following criteria in addition to the variance criteria set forth in Chapter 17.105 TMC:
1. 
The extent to which physical features would result in an effective separation between the proposed adult entertainment facility and any zoning districts or uses identified in subsection (B)(3) of this section in terms of visibility and access;
2. 
The extent to which the proposed adult entertainment facility complies with the goals and policies of the Tonasket Municipal Code;
3. 
The extent to which the proposed adult entertainment facility is compatible with adjacent and surrounding land uses;
4. 
The availability or lack of alternative locations for the proposed adult entertainment facility;
5. 
The extent to which the proposed adult entertainment facility can be avoided by alternative vehicular and pedestrian routes; and
6. 
The extent to which the applicant can minimize the adverse secondary effects associated with the proposed adult entertainment facility.
If, after considering these criteria and the variance criteria set forth in Chapter 17.105 TMC (Variances), the city council finds that an effective degree of physical separation between the proposed adult entertainment facility and the zoning districts and uses identified in subsection (B)(3) of this section can be achieved without requiring the full distance of separation provided by this section, the city council shall determine the degree of variance to be allowed and shall grant the variance. Otherwise, the variance application shall be denied.
E. 
Nonconforming Adult Entertainment Facilities. An adult entertainment facility shall be deemed a nonconforming use and shall be subject to the requirements of Chapter 17.130 TMC (Nonconforming Uses and Structures) if a zoning district or use identified in subsection (B)(3) of this section locates within 500 feet of such adult entertainment facility after the date that such adult entertainment facility has located within the city in accordance with the requirements of this section.
(Ord. 850 § 1 (Exh. A), 2024)

§ 17.70.180 Keeping of chickens.

A. 
The intent of this section is to provide for and establish standards for the noncommercial keeping of chickens in a manner which will not endanger the health, peace and safety of the citizens of the city and which will ensure that chickens are kept in a clean and sanitary condition and not subjected to suffering, cruelty or abuse.
B. 
Chickens are permitted to be kept and maintained as accessory uses subject to the following requirements:
1. 
No more than four chickens are allowed at each single-family dwelling;
2. 
Male chickens over four months of age are not allowed;
3. 
Chickens shall be kept in a well-ventilated, enclosed coop constructed to protect the animals against varying weather conditions and predators. The coop shall have an attached, enclosed run. The coop and run combined shall provide a minimum of 10 square feet of ground space per chicken;
4. 
All coops and runs shall be located within a side or rear yard only. Coops shall be at least 25 feet from any neighboring dwelling and five feet from any property line. No portion of any coop or run shall be within five feet of any property line unless the property line abuts an alley;
5. 
All coops and runs shall be kept in a neat, sanitary, dust-free condition and must be cleaned on a regular basis so as to prevent offensive odors;
6. 
At no time shall the chickens be allowed to run at large.
(Ord. 850 § 1 (Exh. A), 2024)

§ 17.70.182 Therapy animals.

A. 
The intent of this section is to provide for and establish standards for the keeping of small domestic animals for the therapeutic use of patients in extended care, rehabilitation and similar licensed facilities.
B. 
Therapy animals are permitted to be kept and maintained as an accessory use subject to the following conditions:
1. 
Maximum of three chickens, excluding roosters. Hens only.
2. 
Maximum of two rabbits.
3. 
Therapy animals must be safely secured and housed in mobile pens in a secure area when not in therapy sessions with patients.
4. 
The therapy animals will be housed off site from November 1st through March 1st each year.
5. 
The facility is licensed by the state of Washington and evidence provided that the care and housing of therapy animals on site is permitted.
6. 
Compliance with WAC 246-215-06570.
C. 
Prior to approval of a therapy animal permit, the applicant must provide a site drawing showing the location and type of pen that will house the animals and a care plan detailing how the animals will be cared for.
(Ord. 829 § 3 (Exh. B), 2021; Ord. 850 § 1 (Exh. A), 2024)

§ 17.70.190 Lighting.

A. 
In residential districts, all lights provided to illuminate any parking area, building, outdoor recreation area, yard or similar area shall be so arranged as to direct light away from any adjoining premises. This shall be done in such a manner as to not allow more than one foot-candle of illumination to occur beyond the property line of the property on which the light is erected, including light generated in an abutting nonresidential district projecting upon a residential district.
B. 
In all districts:
1. 
Glare. Any light used to illuminate a premises shall be so arranged to reflect the light away from nearby residential properties, and away from the vision of passing motorists.
2. 
Gas-Filled Tubes. Gas-filled light tubes and incandescent bulbs shall be allowed only when used in such a manner that the tubes and bulbs are not exposed to public view.
(Ord. 850 § 1 (Exh. A), 2024)

§ 17.70.200 Slaughterhouses.

A. 
The intent of this section is to provide for and establish standards for permitting of uses requiring the slaughter of animals. The intent of the following conditions is to ensure that animals are kept in a manner which will not endanger the health, peace and safety of the citizens of the city and which will ensure that the animals are kept in a clean and sanitary condition and not subjected to suffering, cruelty or abuse.
B. 
The slaughter of animals is permitted to be operated and maintained only as a use accessory to a permitted meat processing and packing facility subject to the following requirements:
1. 
The meat processing and packing facility is certified by the USDA;
2. 
The slaughter methodology and process is certified by the USDA;
3. 
The number of animals held on site shall be limited to no more than 16 beef equivalents for a period not to exceed 48 hours;
4. 
Animals shall be kept in a well-maintained enclosure and all waste managed in conformance with best management practices and USDA requirements. All waste must be cleaned on a regular basis so as to prevent offensive odors and prevent contamination of groundwater;
5. 
Offal and other by-products of the slaughter process shall comply with USDA requirements and be kept in closed containers which are emptied and the contents removed from the site on at least a weekly basis;
6. 
A minimum buffer of 100 feet shall be required between slaughter and animal enclosure and existing residential uses. The buffer may be reduced to 50 feet with the addition of an eight-foot-tall sight-obscuring fence on the property line with the adjoining residential uses;
7. 
Slaughtering of animals shall not be conducted within view of the public;
8. 
At no time shall the animals be allowed to run at large.
(Ord. 850 § 1 (Exh. A), 2024)