Manufactured, prefabricated, and modular housing types shall be permitted as permanent primary or permanent accessory dwellings within any zoning district in which residences are allowed, subject to the following standards:

A. Manufactured homes not located in an approved manufactured housing community shall be HUD certified. Tongues and wheels of manufactured homes shall be removed, and homes shall be anchored on a permanent foundation.

B. Modular and prefabricated housing, including tiny homes and container homes, shall comply with applicable building codes, and homes shall be anchored on a permanent foundation.

C. Tiny Homes and Container Homes. Tiny homes, container homes, or similar prefabricated housing structures shall comply with IRC Appendix Q, or applicable Washington State building code, and meet the following standards:

1. Tongues and wheels used to transport tiny homes shall be removed, and homes shall be anchored upon a permanent foundation, unless authorized as temporary housing through a CUP.

2. Location of more than two tiny homes on a site shall only be permitted within an approved manufactured housing community or as provided in subsection D of this section.

D. Tiny Homes for On-Site Workforce Housing. Where specified in Table 17.16.010, tiny homes may be authorized as on-site workforce housing for a permitted commercial use through the terms of a conditional use permit, pursuant to the following provisions:

1. The number of units allowed shall be based on what the site can reasonably accommodate while meeting setbacks, parking, drainage, and any other applicable standards in aggregate with the primary use.

2. Tiny homes shall be located on the same or a contiguous property under the same ownership as the primary commercial use.

3. The CUP shall establish how long the use is authorized, and whether the permit may be renewed.

4. Tiny homes may be permitted to remain on wheels, with skirting and weatherization.

5. The method of connection to water and sewer shall be established in the permit.

6. CUP is subject to revocation if the units are no longer utilized to house employees of the primary allowed use.

E. Manufactured homes, mobile homes, RVs, park models, or tiny homes not meeting the standards of subsection A, B, C, or D of this section shall be allowed for single-unit residential use only when located in an approved manufactured housing community, campground, or recreational vehicle park. (Ord. 790 § 1 (Exh. A), 2025; Ord. 699 § 1 (Exh. A)(part), 2018: Ord. 372 § 4(1), 1990)

Where permitted, single-room occupancy, co-living, and micro-apartments shall be subject to the following standards:

A. Intent. The intent of this section is to provide a type of multi-unit housing that can meet needs for affordability, seasonal workforce, and single-person households.

B. Density. Each individual living unit within a SRO, co-living, or micro-apartment building shall be calculated as one quarter of a single housing unit or dwelling unit (DU). ERUs for water and sewer utilities should be allocated using the same formula of four individual living units is equal to a single housing unit.

C. Parking. There shall be a minimum of one off-street parking space provided for every two individual living units within a SRO, co-living, or micro-apartment building. Building owners/managers shall assign parking by unit and will not be permitted to utilize off-site parking, street parking, or payment into the parking mitigation fund to meet the parking needs of building tenants.

D. Unit Size. Individual SRO or co-living units shall have a maximum size of four hundred (400) square feet. Individual micro-apartment units shall have a maximum of five hundred (500) square feet.

E. Shared Spaces. A minimum of fifteen (15) percent of the building’s gross floor area must be dedicated to shared spaces, including kitchens and communal living areas. For example, a ten thousand (10,000) square foot building must allocate a minimum of one thosand five hundred (1,500) square feet of shared space.

F. Kitchens. SRO and co-living buildings shall have a minimum of one shared kitchen per eight separate living units. Micro-apartments shall have cooking facilities in each apartment unit and may offer larger communal cooking and dining facilities.

G. Bathrooms. SRO and co-living buildings shall have a minimum of one bathroom per four individual living units. Bathrooms must include a toilet, sink, and shower. (Ord. 790 § 1 (Exh. A), 2025)

The following regulations and requirements shall apply to accessory uses and structures that do not fit the definition of an accessory dwelling unit (for example, garages, storage sheds or home shop buildings; solar, EV charging or HVAC installations) allowed as an accessory to a permitted use in all zones:

A. Lot Coverage. An accessory structure shall not cover more than ten (10) percent of the lot area.

B. Height. Freestanding accessory structures shall not exceed a height of twenty (20) feet. Solar panels, HVAC systems or similar installments mounted to an existing structure shall not extend above the allowed structure height.

C. Accessory uses shall not create a nuisance in the area such as noise, dust, appearance or threat to air or water quality or the well-being of the town and the area in which located, and shall be consistent with the zone district in which they are located and the allowed uses therein. Accessory uses of a business or commercial nature in residential districts shall comply with the restrictions and requirements for home occupations as set forth in Section 17.12.030. (Ord. 790 § 1 (Exh. A), 2025; Ord. 699 § 1 (Exh. A)(part), 2018: Ord. 372 § 4(2), 1990)

A. General Standards. On lots that meet or exceed the minimum lot size requirement in all residential districts and the B-1 district, up to two accessory dwelling units (ADU) are allowed. An ADU may be attached or detached from a primary dwelling unit. An ADU may be created through new construction, conversion of an existing structure, addition to an existing structure, or conversion of a qualifying existing house to an ADU in conjunction with construction of a new primary dwelling on the site. ADUs are subject to the following standards:

1. ADUs are allowed only in those districts specified in Table 17.16.010.

2. Size. An accessory dwelling unit must be smaller than the primary dwelling unit.

a. The footprint of an ADU shall be aggregated with the primary structure such that all structures together do not exceed lot coverage allowed in Table 17.20.050 or 17.24.050, whichever applies.

b. The accessory dwelling unit shall contain not more than nine hundred (900) square feet, excluding any related garage area.

3. Utilities. Accessory dwelling units shall connect to public water and sewer. The accessory dwelling unit, either attached or detached, shall be served by the existing primary residence sewer and water connections and water meter. ADUs are subject to all applicable standards and fees established in Title 13, Public Services.

4. Parking. There shall be one off-street parking space provided for each accessory dwelling unit, which is in addition to the off-street parking spaces required for the primary residence.

5. Density. For the purpose of calculating density, an ADU is considered part of a single-unit dwelling, and not as a separate dwelling unit, provided all other standards are met.

6. Height. The maximum height for a detached accessory dwelling unit is twenty-five (25) feet.

7. Setbacks. An accessory dwelling unit must conform to front, rear and side yard setbacks requirements.

8. Lot Coverage. An ADU shall be included in the total lot coverage calculation, and is subject to lot coverage requirements.

9. Rental of ADU. The minimum rental period for an ADU or the primary residence associated with an ADU shall be a minimum of ninety (90) days. If at least two units are rented, then one must be leased for a minimum of one year. The owner shall supply lease documentation to the town upon request. This restriction does not apply within the overnight rental overlay district, where either one ADU or the primary dwelling may be permitted for overnight rental, and no more than one unit per lot may be rented overnight. See Section 17.12.035 for applicable standards.

B. An accessory dwelling unit may not be subdivided from the original parcel unless all applicable requirements for subdivision are fully met, including minimum lot size, setbacks, lot coverage, access, utility, and all other applicable requirements.

C. No more than two ADUs are allowed on a single lot. An ADU will not be allowed as an accessory to a duplex, triplex, fourplex, or multifamily dwelling. (Ord. 790 § 1 (Exh. A), 2025; Ord. 749 § 1 (Exh. A), 2021; Ord. 714 § 1 (Exh. A)(part), 2019: Ord. 699 § 1 (Exh. A)(part), 2018)

A. Intent. Home occupations are limited to those businesses which may be conducted within the principal residence or accessory structures thereto without in any way changing the appearance or the residential nature of the area. The home occupation is intended to be subordinate and incidental to the use of the dwelling as a residence.

B. Standards.

1. The home occupation shall not occupy a space larger than thirty-five (35) percent of the total floor area of the dwelling, including garage, in or adjacent to which the home occupation is conducted. No more than one home occupation license will be allowed on any property.

2. There shall be no change in the exterior appearance of the building or structure in which the home occupation is conducted, nor other visible evidence of conduct of such home occupation, except a sign which meets the requirement of the underlying zone district. No window displays shall be allowed.

3. No home occupation shall be conducted in any manner which would cause the premises to differ from its residential character or create a nuisance, including but not limited to use or creation of colors, materials, construction, lighting, noises, fumes, odors, glare, electrical or audio-visual interference, dust, smoke or vibrations.

4. No home occupation shall generate traffic in greater volumes so as to disturb or inconvenience nearby residences, and all parking required by the home occupation shall be provided by off-street parking areas not located within required front yard setback areas.

5. A home occupation shall be conducted by immediate family members residing in the dwelling. A home occupation may not employ more than one person who is not an immediate family member residing in the premises, at one time.

6. There shall be no outside storage or display of any kind related to the home occupation.

7. A home occupation shall not require the use of electrical or mechanical equipment which would change the fire rating of the structure.

8. The principal activity of a home occupation shall not be the sale of goods on-premises.

9. A business license from the town must be purchased for all home occupations, and shall be subject to review and approval by the administrator as set forth below.

C. 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. Appliance, radio and/or television repair;

2. Auto, motorcycle or engine repair;

3. Barber or beauty shops or salons with more than one chair;

4. Exercise or health spas or salons;

5. Private schools with more than two students at one time;

6. Painting of vehicles;

7. Retail shops.

D. Approval of Home Occupations. Prior to conduct of a home occupation or issuance of a business license therefore by the town, a person desiring to conduct a business not otherwise designated an allowed use in the underlying zone district (See Chapter 17.16, Allowed Uses) as a home occupation, shall apply to the administrator for approval of such home occupation, on form provided by the administrator. Upon receipt of such application and fee therefor, the administrator shall send notice of such application to all landowners within three hundred (300) feet of the proposed location thereof, and shall assure that the property is posted with notice of such application, which notices shall include the right of all interested persons to make written comment to the administrator regarding such application. Not less than fifteen (15) days nor more than thirty (30) days after mailing and posting of such notice, the administrator shall determine if the proposed home occupation meets all of the requirements and standards set forth in this section, and shall issue a home occupation permit to the applicant or a written decision to the applicant denying such home occupation permit, and shall give findings of fact and reasons for such denial. Copy of such permit or such written decision denying the same shall be sent to all persons who made written comment on the application. A home occupation permit may be conditioned by reasonable conditions designed to assure compliance with the requirements and standards of this section. (Ord. 699 § 1 (Exh. A), 2018; Ord. 372 § 4(3), 1990)

A. Intent. The intent of this section is to ensure all types of overnight rentals, including owner-occupied overnight rentals, observe the legal requirements of other tourist accommodations so that they compete fairly for commerce, support the need for long-term rental housing, and preserve the neighborhood character of the areas in which they are located.

B. Overnight Rental Permit Required.

1. In order to obtain a business license for an overnight rental, including an owner-occupied overnight rental, the property owner must apply for an overnight rental permit on forms provided by the administrator and pay the application fee. Within thirty (30) days of receiving a complete application, the administrator shall determine if the proposed overnight rental meets all of the requirements and standards set forth in this section, and shall issue a decision to approve or deny the overnight rental permit. Applications which do not meet applicable standards may be denied by the administrator with written findings of fact detailing the reasons the permit is denied. An overnight rental permit may be conditioned by reasonable conditions designed to assure compliance with the requirements and standards of this section.

2. The vested title property owner shall be the permit and license holder. The permit and business license are not transferable. To continue an overnight rental use, a new owner must obtain a new permit and license within thirty (30) days of the transfer of ownership.

3. Overnight rental permits shall be valid for one year, and may be renewed yearly by submitting a permit renewal fee and checklist with supporting documentation, including, but not limited to, the following items: number of nights occupied, total number of guests, verification of site plan and maximum occupancy, copy of information supplied to guests, and other reasonable documentation necessary to establish the use remains in compliance with the standards of this chapter. Permits that are not renewed within thirty (30) days of notification from the town are deemed to be abandoned, and a new application shall be required to reinstate the permit.

4. Penalties for Operating Without a License. Operating an overnight rental without a valid permit is subject to a fine of up to one thousand dollars ($1,000) per violation, pursuant to Section 17.36.100. Each day of continued use in violation of this title shall constitute a separate violation. Properties utilized for overnight rental without a valid permit shall be ineligible for a permit for one year from the issuance of the violation notice.

C. Cap on Overnight Rental Permits. The total number of active overnight rentals permits issued shall not exceed ten (10) percent of the total number of housing units within the town limits, as determined by an assessment of the number of residential ERUs in January of each year. The town council may periodically review the license cap and adjust the limit based on housing availability, economic trends, and community feedback.

1. Permits shall be allocated on a first-come, first-served basis, subject to all permit requirements being met.

2. Exemptions. The following are exempt from the cap on overnight rentals:

a. Owner-occupied overnight rentals are exempt from the cap but must obtain a permit.

b. Overnight rentals within the B2 zone that are located along Riverside Avenue are exempt from the cap but must obtain a permit.

c. Rentals used exclusively for long-term stays of thirty (30) days or more are exempt from the cap.

3. Permit Waitlist. Once the allotted number of permits have been issued, the town shall maintain a waitlist for prospective applicants. When an overnight rental permit is relinquished or abandoned, the next applicant on the waitlist will be notified and shall have thirty (30) days to submit a complete permit application. If within thirty (30) days, the applicant has not submitted a completed permit application, the opportunity to apply shall pass to the next applicant on the waitlist. (Ord. 790 § 1 (Exh. A), 2025; Ord. 789 § 1, 2025; Ord. 714 § 1 (Exh. A), 2019)

A. Location. Off-street parking facilities shall be located as follows:

1. For single-family dwellings and accessory dwelling units, required off-street parking facilities shall be located on the same lot(s) as the residence which they serve. Parking should be located in the rear or side yard areas; however, parking may be allowed within a twenty (20) foot by twenty (20) foot area of the front yard setback with a site plan and administrator and public works department approval; provided, the site plan addresses driveway width, snow storage, and pedestrian safety where the lot fronts the public street.

2. For multifamily residences and commercial uses, required off-street parking facilities shall be located no more than six hundred (600) feet measured along public or quasi-public roads or pathways connecting the use with the parking area, from the building they are required to serve; except for parking provided through a voluntary mitigation agreement as provided in subsection K of this section (mitigation agreement does not apply to hotels, motels, guest houses, inns and other tourist accommodations); off-street, except off-street parking facilities for hotels, motels, guest houses, inns and other tourist accommodations shall be located no more than three hundred (300) feet from the building they are required to serve. Off-street parking facilities shall not be located in any required front yard setback area.

3. No parking lot or driveway therefor serving a nonresidential use in a business/commercial or industrial district shall be located in a residential zone district.

B. Joint Use. Joint use of parking facilities by more than one business or use may be authorized by the administrator for the following uses and under the following conditions:

1. Up to forty (40) percent of the required off-street parking facilities for a theater, bowling alley, dance hall or bar may be supplied by off-street parking facilities provided for banks, retail stores, offices, personal services establishments, or other uses determined by the administrator to be daytime uses.

2. Up to forty (40) percent of the required off-street parking facilities for a bank, retail store, office, personal services establishment, or other daytime use as determined by the administrator, may be supplied by off-street parking facilities provided for a theater, bowling alley, dance hall or bar.

3. Joint use off-street parking facilities shall be located not more than six hundred (600) feet from the use or building they are intended to serve, measured along a public or quasi-public road or pathways connecting the use and the parking area.

4. The hours of operation for uses which are utilizing joint use of off-street parking facilities shall not substantially conflict.

5. Parties participating in joint use of off-street parking facilities shall file with the administrator, a properly drawn legal instrument which grants to the joint users the right to use of said facilities as necessary to meet the off-street parking requirements, and which shall be subject to review by the town attorney for sufficiency hereunder.

C. Minimum Off-Street Parking Standards.

1. Required minimum off-street parking standards are as set forth in Table 17.12.040A set out at the end of this section.

2. Off-street parking requirements for the B-II zone do not apply to those commercial buildings that existed on or before August 18, 1994 or conversion (partial or full) into a hotel, motel, guest house, inn or other tourist accommodation.

3. Off-street parking requirements for the B-II zone shall apply to the expansion and/or reconstruction of a building which existed on or before August 18, 1994 which results in any increase in gross floor area or retail/customer service area.

4. Off-street parking requirements as listed for the B-II zone in Table 17.12.040A shall apply to all new buildings based on the proposed use at the time of construction.

5. Off-street parking requirements for new, expanded and/or reconstructed buildings in the B-II zone must either be met on-site or by the standards set forth in subsection A of this section, including through a voluntary mitigation agreement provided in subsection K of this section. Off-street parking provided through a mechanism other than on-site or voluntary mitigation agreement must be documented in a binding agreement that runs with the deeds of all properties involved in provision of the off-street parking.

6. No required off-street parking space shall be used for snow storage. All required off-street spaces must be available at all times for their intended purpose.

D. Mixed Uses. In the case of mixed uses or mixed occupancy, the total requirement for off-street parking spaces shall be the sum of the requirements for the various uses computed separately (except in the case of qualified joint users as set forth in subsection B of this section).

E. Unspecified Uses. In the case of a use not specifically mentioned in Table 17.12.040A, set out at the end of this section, the requirements for off-street parking spaces shall be determined by the administrator by comparison to similar uses in Table 17.12.040A and the specific needs of the unspecified use or business, and the zone district in which the use is located.

F. Minimum Parking Dimensions. Access aisles and parking stalls shall conform to the requirements of Table 17.12.040B, set out at the end of this section.

G. Construction and Maintenance. Every new or enlarged portion of an existing off-street parking area for more than four cars, except parking for a single-family residence, shall be surfaced with two inches of gravel and oiled, or paved, or equivalent surfacing acceptable to the administrator to eliminate dust. All parking areas shall be graded and drained so all surface water is disposed of on-site, and so that no storm water drains across sidewalks or public streets or creates a threat of pollution to the ground or surface waters.

H. Approval of Site Plan. A site plan for every new or enlarged off-street parking lot, area or facility, except parking for a single- family residence, shall be approved by the administrator prior to construction. The plan shall be drawn to a minimum scale of one inch equals fifty (50) feet, and shall clearly show the proposed development and state its size and use, and show location, size, shape and design of parking spaces, lighting, landscaping, irrigation and other features of the proposed parking lot. The site plan shall be filed with the building permits and plans.

I. Screening. Parking areas for commercial or industrial uses that abut property in any residential district shall be separated from such property by site-obscuring Firewise-compliant fence, wall, or vegetation at least six feet in height.

J. General Provisions.

1. The off-street parking facilities required in this section shall be established prior to any change in use of land or structures and/or prior to the occupancy of any new or enlarged structure.

2. Required off-street parking spaces shall provide vehicle parking only for residents, customers, patrons and employees, and shall not be used for the storage of vehicles or materials, the parking of vehicles used in the conduct of the business, or for the sale, repair or servicing of any vehicle.

3. An area once designated for required off-street parking shall not be used for any other purpose unless and until equal facilities are provided elsewhere meeting the requirements of this title, or the primary use of the property has changed to a use requiring less off-street parking.

4. Parking spaces in tandem, having a single means of ingress and egress shall not be counted as two parking spaces for the purpose of this title, except that each such tandem space for a single-family dwelling unit shall count as a required parking space.

K. Parking Mitigation.

1. It is the policy of the town, in certain instances, to allow the mitigation of the requirements for off-street parking pursuant to this title; and pursuant to RCW 82.02.020, to allow the proponent of any use or development to mitigate the requirements of off-street parking by voluntary agreements and payments in lieu of such requirement of off-street parking. Such mitigation measures, including voluntary payments, shall be a material consideration in the approval, modification or denial of any development proposals requiring off-street parking.

2. Any use or development which is found by a responsible official, commission or legislative body of the town to require off-street parking pursuant to this title may mitigate such requirements for off-street parking at the town’s discretion. The proponent of a use or development requiring off-street parking may enter into a voluntary agreement with the town, on a form prescribed by the town, that allows payment in lieu of the requirement for off-street parking associated with such use or development. Such voluntary agreement shall provide for payment to the town of an assessment based on the amount reasonably necessary to mitigate the impacts of loss of off-street parking associated with such use or development. The amount of such assessment shall be established by resolution in the town’s fee schedule. The fee shall be based on a reasonable estimate of the value of a parking stall and adjacent access.

3. There is created the town fund No. 103, entitled the “Winthrop off-street parking mitigation account.” All payments made pursuant to voluntary mitigation agreements paid to the town shall be deposited in the off-street parking mitigation account and may only be expended to fund and maintain parking facilities used to mitigate the loss of off-street parking for a use or development. Such payments shall be expended in all cases within five years of collection. Any payment not so expended shall be refunded with interest at the rate applied to judgments to the property owner of record at the time of the refund; however, if the payment is not expended within five years due to delay attributable to the proponent of the use or development, the payment shall be refunded without interest.

4. Tender of all payments under a voluntary mitigation agreement shall be required prior to the town granting approval of a use or development requiring off-street parking. (Ord. 790 § 1 (Exh. A), 2025; Ord. 699 § 1 (Exh. A)(part), 2018); Ord. 643 § 4, 2012; Ord. 460 §§ 1, 2, 1996; Ord. 436 §§ 1—4, 1994; Ord. 435 §§ 1, 2, 1994; Ord. 372 § 4(4), 1990)

1 “same” under B-II means parking standards apply as in all other districts.

(All dimensions are based on a nine-foot by nineteen-foot stall)

Diagram 17.12.040B

A. General Requirement. Sight obstructions, i.e., fences, signs and/or plantings, shall be set back from public roadways when and as necessary to prevent sight obstruction of such roadway from all roads, alleys or private driveways; provided, that such required setback distance shall not exceed fifteen (15) feet from the right-of-way line of such public roadway, or where right-of-way is undocumented, measurement shall be from the property line. Trees, outside of intersection areas, may be permitted within the setback area provided all branches and foliage are removed to a height of eight feet above the top of the curb, or where no curb exists, from the established center line grade of the street.

B. Intersections—Intent. A clear vision area shall be maintained on the corners of all property adjacent to the intersection of two streets. A clear vision area shall contain no sight-obscuring or obstructing planting, fence or other temporary or permanent obstruction.

C. Intersection—Setback Measurement. A clear vision area shall consist of a triangle, two sides of which are curb lines (or street edge lines) and the third side of which is a line across the corner of the lot connecting the ends of the other two sides. See Diagram 17.12.050A. The required size is as follows:

1. In a residential district the distance determining the size of a clear vision area shall be thirty (30) feet, measured along the street sides of the triangle.

2. In all other districts the distance determining the size of a clear vision area shall be fifteen (15) feet, except that where the angle of intersection between two streets is less than thirty (30) degrees the town may require a greater distance.

Diagram 17.12.050A

(Ord. 539 § 1, 2002: Ord. 512 § 2, 2000; Ord. 372 § 4(5), 1990)

A nonconforming use, structure or lot is a use, structure or lot which was lawfully established, divided or constructed prior to the effective date of the ordinance codified in this title (or any prior ordinance with similar provision/restriction) but which does not conform to the regulations or standards set forth in this title.

A. Statement of Nonconforming Use or Structure Status. Any person owning a nonconforming use or structure may apply to the administrator for statement of such use or structure as nonconforming hereunder, as provided in Section 17.36.060 of this title.

B. Alteration or Expansion. A nonconforming use or structure may be continued and maintained in reasonable repair but shall not be altered or expanded, except as follows:

1. A nonconforming structure conforming as to use, but nonconforming with respect to height, setback or lot coverage may be altered or extended, so long as such alteration or extension does not further deviate from the standards and restrictions of this title.

2. An owner of a nonconforming use or structure may apply to the town for a nonconforming use or structure variance, to allow for alteration or expansion of a nonconforming use or structure pursuant to the provisions of Section 17.36.060, if the following criteria are met:

a. Expansion or alteration of a nonconforming use shall be limited to uses which are substantially similar to allowed uses in the area, or which do not conflict with the general purpose and intent of the zone district in which it is located;

b. The expansion or alteration shall not substantially increase the nonconforming aspect of the use or structure;

c. The inability to alter or expand the nonconforming use or structure works a hardship upon the applicant.

C. Discontinuance of Nonconforming Use.

1. If a nonconforming use involving a structure is discontinued from such use for a period of one year, further use of the property shall conform to the provisions of this title.

2. If a nonconforming use not involving a structure is discontinued from such use for a period of six months, further use of the property shall conform to the provisions of this title.

D. Destruction of Nonconforming Structure. If a nonconforming structure (or a structure containing a nonconforming use) is destroyed by any cause to an extent exceeding seventy-five (75) percent of its replacement value or its fair market value as indicated by the records of the county assessor, any future structure and use thereof shall conform to the terms of this title.

E. Completion of Structure. Nothing contained herein shall require any change in the plans, construction or alteration of a structure for which a building permit has been issued prior to the effective date of the ordinance codified in this title; provided, that any such structure which will be nonconforming under this title shall be completed within two years of the date of issuance of such building permit.

F. Nonconforming Lots. A pre-existing nonconforming residential lot which does not meet the minimum lot size requirements for a single-family residence in the zone district in which it is located may be developed with a single-family residence notwithstanding the inability to meet lot size, yard or lot coverage requirements of the zone district.

G. Exception—Residences. Notwithstanding the general provisions of this title as to nonconforming uses, a residence which is a pre-existing nonconforming use by virtue only of its being a prohibited use in the district in which it is located pursuant to the terms of this title, may be remodeled, altered or expanded without obtaining a nonconforming use variance, and in the event of destruction thereof may be rebuilt. (Ord. 372 § 4(6), 1990)

In residential or business districts, sight-obscuring perimeter fences shall not exceed six feet along front yards or lot lines, or along side or rear yards or lot lines. (Ord. 372 § 4(7), 1990)

Trails, paths and walkways intended for public use are permitted in all zoning districts subject to review under applicable ordinance. Such trails, paths and walkways shall also be subject to comments from adjoining landowners and proponents shall be required to provide information regarding safety, maintenance, ownership and expected use. (Ord. 459 § 3, 1996)

A. The use of travel trailers or other recreational vehicles as permanent residences shall be prohibited in all zoning districts, except within approved campgrounds, recreational vehicle parks, or manufactured housing communities.

B. Temporary Use. The use of travel trailers or other recreational vehicles as temporary housing during the construction of a single-unit dwelling or commercial structure shall be permitted for up to six months in any year for a period not exceeding two years. The installation and use of such units as temporary residences, including camping on an individual lot, is allowed for up to two weeks per year. (Ord. 790 § 1 (Exh. A), 2025)

Condominiums shall be permitted in all zones providing the intended use of the property is listed as an allowed, conditional use or planned development within the zone where it is to be located. All condominiums shall be subject to Chapters 64.34 and 64.36 RCW as they now exist or are hereinafter amended. (Ord. 512 § 3 (part), 2000)

The keeping of domestic farm animals, domestic fowl and bees as an accessory use to an allowed residential or commercial use is allowed outright or as a conditional use as set forth in Table 17.16.010. Where allowed, domestic farm animals shall be subject to the following standards:

A. A CUP may allow up to two domestic farm animals on property under one acre; for property one acre or more, the number of domestic farm animals shall be specified in the conditional use permit. Domestic farm animals shall be surrounded by a lawful fence and kept upon the property. Structures housing domestic farm animals must be located a minimum of fifty (50) feet away from property lines of property owned by a different property owner in a residential zone.

B. Domestic Fowl and Rabbits. Up to ten (10) domestic fowl or rabbits may be kept on a property. One adult rooster shall be permitted per property housing domestic fowl. Structures housing domestic fowl or rabbits must be located a minimum of ten (10) feet away from property lines of property owned by a different property owner.

C. Miniature Goats. Up to three pygmy, dwarf, or miniature goats may be kept on property twenty thousand (20,000) square feet or greater in size without obtaining a conditional use permit; provided, that male goats are neutered and all goats are dehorned.

D. Beekeeping. Beekeeping is permitted as set forth in Table 17.16.010 when the property owner or person maintaining such beekeeping activity is registered with the State Department of Agriculture; provided, that no more than four hives, each with only one swarm, shall be allowed on a property and hives must be located a minimum of twenty-five (25) feet from property lines of property owned by a different property owner.

As used in this section, “property” shall mean contiguous lots or real property owned by a property owner. (Ord. 643 § 3, 2012)

A. Application. The provisions of this section shall apply to all mobile food vending businesses in all zones where such use is permitted.

B. Exemptions. These provisions do not apply to catered, private events, permitted concession sales, or approved special events.

C. Mobile Food Vending as Permitted Uses. Mobile food vending may be permitted as follows:

1. Mobile food vending may be permitted as a primary or accessory use in applicable zones. Mobile food vending units shall be subject to applicable land use and development standards, including the provisions of Chapter 15.08, Westernization.

2. Mobile food vending may be allowed within town parks or town-owned properties as part of an approved special event or through a permit issued by the town for operation on public premises.

3. Mobile food vending and any appurtenances shall not be located within any public right-of-way unless allowed pursuant to an approved special event.

D. Standards for Mobile Food Vending.

1. Mobile food vendors shall obtain a business license and conform to all applicable provisions in Chapter 246-215 WAC and Okanogan County Public Health Department food service standards.

2. All mobile food vending operations shall be self-contained without plumbing connections.

3. Outdoor seating may be provided for up to twelve (12) people.

4. Mobile food vendors shall provide receptacles for refuse and recycling, and shall dispose of all waste daily in accord with county and state regulations.

5. Parking and Circulation.

a. Drive-up and/or drive-through facilities are prohibited.

b. All mobile vending shall be located on an asphalt or compacted gravel surface that will continue to provide sufficient off-street parking and maintain pedestrian and vehicular circulation for all uses of the property.

c. Mobile food vending as a primary use shall provide parking adequate to serve customers.

d. Signage. Signage shall be limited to the display on the mobile vending vehicle, and shall comply with applicable provisions of Chapter 15.08, Westernization. (Ord. 749 § 1 (Exh. A), 2021)