Twisp City Zoning Code

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.

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 rule, law, contract, resolution, or regulation of the state or federal government or the county of Okanogan or the town of Twisp, then the more restrictive requirement or the higher standard shall govern.

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

Residential Districts. Three residential districts (R-1, R-2, and R-3) are established to provide for a variety of types and styles of residential uses and development, while providing the protection and regulations necessary to protect home investment and home lives from incompatible uses and developments.

Commercial Districts. Five commercial districts (C-1, C-2, C-3, C-R and I) are established to provide separate areas for different types and styles of commercial uses, including limited light manufacturing and business park uses, compatible with existing and adjoining uses, access requirements, and parking needs. A new riverfront commercial district is established to provide areas for mixed-use development that adheres to high design and aesthetic standards and encourages civic warmth in lively, pedestrian-oriented precincts; and to encourage opportunities for public access to specified riverfront areas.

Public Use District. A public use district is established to provide a separate zone for public facilities, including town parks, town facilities such as the town sewer plant, school sites, and other publicly owned lands.

Airport Development District. An airport development district is established to provide a special zone to protect the airport from incompatible uses and encourage development consistent with Okanogan County's airport development district provisions. The zone contains the town's airport runway, hangars, and associated structures, and provides for uses deemed consistent with the primary use as an airport.

Shoreline Overlay. The shoreline overlay is established to provide a link between this title and the town's shoreline master program (SMP). The overlay, which covers that area under shoreline jurisdiction as defined in the town's SMP, is intended to add the more restrictive provisions of the SMP to the underlying zoning requirements by providing the administrator and project proponents with a reference to the more complex provisions of the SMP. The overlay is intended to provide the regulations (via the SMP) necessary to protect rivers, shorelands, wetlands, and flood hazard areas as required by Washington's Shoreline Management Act (Chapter 90.58 RCW).

Critical Areas Overlay. The critical areas overlay is established to provide an avenue for the regulation of development, through the imposition of design standards, in areas designated as "critical areas" in the town's comprehensive plan. Such regulation is necessary to protect steep slopes, wildlife conservation, wetlands, flooded areas, and other areas defined as critical areas by the Growth Management Act. The intent of the critical areas overlay will be to provide the regulations (via the critical areas ordinance) necessary to protect aquifer recharge areas, wetlands, fish and wildlife habitat areas, frequently flooded areas and geographically hazardous areas as required by the Growth Management Act.

Lincoln Street Overlay. The Lincoln Street overlay establishes a transition zone between the high intensity commercial uses in C-1 and the adjacent residential neighborhoods to the east in order to allow flexible living options and maintain the historic character of Lincoln Street. Single-family and duplex dwellings will be allowed along the west side of Lincoln Street but otherwise subject to the zoning requirements of C-1.

Twisp Public Development Overlay. The public development overlay creates special requirements and provisions meant to achieve a balance between performance standards set forth within the Twisp zoning code and the underlying C-1 zone with the desired growth and expansion of the public development authority (TwispWorks) as outlined in the TwispWorks 2010 master plan.

Density and Setbacks within Public Trails, Easements, and Rights-of-Way. When calculating minimum lot size and density and measuring setbacks for an individual parcel, the area of such parcel contained within any trail, pathway, or walkway via easement or right-of-way that is deeded, dedicated, or otherwise conveyed for public use or access to public facilities or shoreline amenities shall not be used to reduce the overall lot size or increase setbacks. The area encompassed in such easements or rights-of-way shall be included in lot size and density calculations. Setbacks shall be measured from property lines as they existed prior to trail, pathway or walkway conveyance; provided, that no structure or portion of the private development hinders the public's use or safety of the trail, pathway, or walkway.

The impacts of a proposed use shall be considered in determining whether the use is to be allowed, and may be considered in determining the conditions under which a land use permit or building permit will be granted. This process is not intended to permit uses that are prohibited within a given zoning district or for developments that are required to complete a SEPA checklist. Nothing in this section shall be construed to give any property owner a right to use any property in any manner that requires a land use permit unless such permit has first been granted and is in full force and effect pursuant to all conditions attached thereto.

Any new use or change in use, including home businesses, will require an impact assessment. Applicants will be required to submit a completed impact assessment checklist as part of the process of applying for a land use permit, building permit, or business license. The town shall use the impact assessment checklist as one means of notifying applicants of performance standards that may pertain to a given development proposal or permit application and providing guidance in meeting those standards.

Single-family dwellings are exempt from the impact assessment requirement. However, all uses, including single-family dwellings, must comply with the applicable performance and development standards.

In making a determination regarding impacts, the administrator or designated decision-making body shall consider the performance standards specified in TMC § 18.15.070. Decisions will be based on the information provided in the applicant's completed impact assessment checklist; the administrator or designated decision-making body may require additional information considered necessary to fully and fairly evaluate the impacts of the proposed use.

The applicant for a proposed use may use design features or other measures to mitigate impacts, where feasible. Examples of mitigation include buffering and limitations on hours of operation. Any mitigating measures required by the town shall be considered conditions of approval, and shall be reduced to writing and recorded, or entered on the face of a recorded plat or site plan map.

Approval Criteria. In making his or her determination, the administrator shall assess the anticipated impacts of the proposed use and consider the following criteria in the context of that assessment:

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 assure 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 board of adjustment. 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.

The following performance standards are intended to protect the public health, safety and general welfare by ensuring adequate access to light, air, privacy and open space; minimizing traffic congestion and utility overload; and protecting the citizens of Twisp from objectionable influences that may interfere with the use, value and enjoyment of property, sleep and repose, and the quality of the environment in all zoning districts.

The performance standards are intended to be used to evaluate the general impacts of a given use. They are not intended to be used as a remedy for nuisances.

General Performance Standards. The following standards are applicable to all new and major expansion of existing uses, irrespective of zoning classifications, in order to minimize potential impacts to public health, safety, welfare, and aesthetic values associated with land uses located in the town. Any use that does not comply with the general performance standards is prohibited.

Specific Performance Standards. The following standards shall be used to assess the impacts of a conditionally or administratively permitted use, or a use not listed in the district use chart in Appendix A[1] of this title, in the context of the zoning district, the neighborhood, and the surrounding uses in the area in which the use is proposed, in order to minimize potential impacts on public health, safety, welfare, and aesthetic values associated with land uses located in the town. Any use that does not comply with the applicable specific performance standards is prohibited.

Stormwater. All uses in all zones, except home businesses, shall comply with the following development standard: stormwater shall be managed to assure no degradation of the surface or ground waters, and in compliance with all applicable state and federal laws, including the Federal Clean Water Act, the Federal Safe Drinking Water Act, and the State Pollution Control Act. When adopted, the Stormwater Management Manual for Eastern Washington shall provide the preferred guidance for stormwater management. A project proponent may choose to implement other practices to protect water quality, in which case the proponent assumes the responsibility of providing technical justification that the chosen practices will protect water quality. The town of Twisp may impose additional requirements to ensure protection of surface and groundwater. This provision applies both during construction and following occupancy. Individual single-family dwellings, duplexes, and permitted accessory uses shall be exempt if all required yard setbacks are sufficiently permeable to absorb anticipated runoff. The Stormwater Management Manual for Eastern Washington is the preferred guidance for determining anticipated runoff.

All uses, with the exception of single-family dwellings, duplexes, permitted accessory structures and home businesses, shall comply with the following development standards:

Sewer and Water Connections. All new uses and structures must connect to town water and sewer utilities. Peddlers and mobile vendors are exempt from this requirement. Temporary RVs shall be allowed to connect to sewer and water upon completion of a permit, inspection and fee, as described in Chapter 18.20 TMC, to ensure no chemical contaminants will enter Twisp's wastewater management system.

HVAC Screening. All multifamily dwellings and commercial structures, excluding duplexes, shall comply with the following standard: air conditioning, heating, cooling, and ventilation equipment, pumps, heaters and all other mechanical devices shall be screened.

Commercial Access. Access for commercial use to commercial properties must be from public thoroughfares or through adjacent commercial property.

Ownership and Maintenance Program for Private Roads and Common Areas. All multifamily dwellings and tourist accommodations, including condominiums and time-share condominiums, shall implement an ownership and maintenance program for roads and common areas if the development is to be sold in units, to ensure a long-range maintenance program for such areas. Such measures shall be reduced to writing and recorded, or entered on the face of a recorded plat or site plan map. Duplexes are exempt from this requirement.

Townhouses. All townhouses shall comply with the following standard: each fee-simple townhouse shall be located on its own lot of record, and subdivision plat approval shall be required in accordance with the town of Twisp's subdivision regulations. Each lot shall be a minimum of 2,000 square feet with a minimum lot width and frontage of 18 feet. The minimum lot area for a townhouse development shall be one-half acre. No more than six townhouses shall be permitted to form any one building. Townhouse developments shall not exceed the maximum density permitted for the district in which they are located.

Nuisances. No use shall create a nuisance or hazard, as defined in Chapter 8.05 TMC, including noise, dust, or threat to air or water quality or to the well-being of the town and the area in which the use is located. Any nuisance shall be enforced through Chapter 8.05 TMC.

A mobile vendor shall obtain a renewable administrative permit from the town of Twisp prior to initiating the use. Said permit will be valid for one year from the date of issue and shall be renewable annually as long as the permit holder is in compliance with all conditions.

Mobile vendors shall comply with the following standards, in addition to any other conditions of said administrative permit:

A temporary market shall obtain a renewable administrative permit from the town of Twisp prior to initiating the use. Said permit will be valid for one year from the date of issue and shall be renewable annually as long as the permit holder is in compliance with all conditions.

Temporary markets shall comply with the following standards, in addition to any other conditions of said administrative permit: