The provisions of this title and amendments to it shall be known and may be cited as "The Colville Zoning Ordinance, CMC Title 17."
(Ord. 1160 NS § 1, 1997)
It is the purpose and intent of this title to:
A.
Facilitate orderly growth and development of the city consistent with the goals and guidelines of the Colville comprehensive plan;
B.
Protect the health, safety, and general welfare of city residents;
C.
Promote sound economic development and protect property values;
D.
Promote the wise use of the area's natural resources;
E.
Establish land use districts and provide for the appropriate regulation of land use within those districts;
F.
Provide flexible regulations which encourage compatible and efficient land use;
G.
Provide a clearly defined and streamlined review process; and
H.
Provide for the administration and enforcement of these regulations.
(Ord. 1160 NS § 1, 1997)
The provisions of this title shall be held to be minimum requirements, adopted for the promotion of the public health, safety, or general welfare. Wherever the requirements of this title differ from the requirements of any lawfully adopted rules, regulations, ordinances, the most restrictive or that imposing the higher standards shall govern.
(Ord. 1160 NS § 1, 1997)
A.
Except where specifically defined herein, all words used in this title shall carry their customary meanings. Words used in the present tense include the future, and the singular includes the plural; the word "shall" is always mandatory, the word "may" is permissive and denotes the use of discretion in making a decision, subject to the judgment of the administrative official of this title. The words "used" or "occupied" include the words "intended," "designed," or "arranged to be used or occupied."
B.
The administrative official shall interpret and rule on the meaning, intent and proper general application of the provisions of this title. Upon written request and as determined necessary, the administrative official shall issue a written interpretation within 30 days of receipt of the request. The written interpretation shall concisely identify the issue as well as the reasoning behind the interpretation.
C.
The administrative official may permit in a zone any use not specifically described in this title after a finding that such use is similar to uses permitted in the zone and that the use is in keeping with the spirit and intent of the zone in which the use is to be located.
(Ord. 1160 NS § 1, 1997)
The city council shall establish a schedule of fees, charges, and expenses and a collection procedure for appeals and other matters pertaining to this title. The schedule of fees shall be posted in the office of the administrative official and may be altered or amended only by the city council.
(Ord. 1160 NS § 1, 1997)
The following definitions shall be used in the implementation of this title. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used.
means a dwelling unit located on the same lot as a single-family detached housing unit.
means a use or structure on the same lot with and of a nature customarily incidental and subordinate to the principal use or structure.
means the person designated by the city council to administer this title or his/her designated representative.
means any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance, or dance involves a person who is unclothed or in such costume, attire, or clothing as to expose any portion of the female breast below the top of the areola or any portion of the human pubic region, anus, buttocks, or wearing any device or covering exposed to view what simulates the appearance of any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, or genitals, even if completely and opaquely covered. This includes any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on the depiction, description, or simulation or relation to human genitals in a state of sexual stimulation or arousal, acts of human masturbation, sexual intercourse or sodomy, or fondling or other erotic touching of human genitals, pubic region, or female breast.
means, pursuant to RCW 70.128.010 or as amended, a residential home in which a person or persons provide personal care, special care, room, and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services. An adult family home may provide services to up to eight adults upon approval from the department under RCW 70.128.066.
means those activities conducted on lands defined in RCW 84.34.020(2), and those activities involved in the production of crops and livestock, including but not limited to operation, maintenance and conservation measures of farm and stock ponds or drainage ditches, irrigation systems, changes between agricultural activities, and normal operation, maintenance or repair of existing serviceable structures, facilities or improved areas. Activities that bring an area into agricultural use are not part of an ongoing activity. An operation ceases to be ongoing when the area in which it was conducted is proposed for conversion to a nonagricultural use or has lain idle for a period of longer than five years, unless the idle land is registered in a federal or state soils conservation program.
means a passage or way open to public travel and dedicated to public use other than a public street affording generally a secondary means of vehicular access to abutting lots and not intended for general traffic circulation. Alleys are not considered streets under the terms of this title.
means any human-induced change in an existing condition of a critical area or its buffer. Alterations include, but are not limited to, grading, filling, channelizing, dredging, clearing of vegetation, construction, compaction, excavation, or any other activity that changes the character of the critical area or its buffer.
means a change in the zoning ordinance codified in this title. There are two types of zoning related amendments: those that request a reclassification of land allowing a change in the range of permitted uses on a specific piece of property and those which request a change in the text of this title. See Chapter 17.96 CMC for amendment procedure.
means establishments engaged in providing entertainment for a fee and including such activities as dance halls, bowling alleys, shooting galleries, roller or ice rinks, and trampoline facilities.
See "livestock" and "pet, household."
means any area used for the gathering and congregation of persons with or without the provision of seating and including any area designed for spectator activity.
means, pursuant to RCW 18.20.020 or as amended, any home or other institution, however named, which is advertised, announced, or maintained for the express or implied purpose of providing housing, basic services, and assuming general responsibility for the safety and well-being of the residents, and may also provide domiciliary care, consistent with Chapter 142, Laws of 2004, to seven or more residents after July 1, 2000. However, an assisted living facility that is licensed for three to six residents prior to or on July 1, 2000, may maintain its assisted living facility license as long as it is continually licensed as an assisted living facility. "Assisted living facility" shall not include facilities certified as group training homes pursuant to RCW 71A.22.040, nor any home, institution or section thereof which is otherwise licensed and regulated under the provisions of state law providing specifically for the licensing and regulation of such home, institution or section thereof. Nor shall it include any independent senior housing, independent living units in continuing care retirement communities, or other similar living situations including those subsidized by the department of housing.
means an establishment providing major repair and/or maintenance of motor vehicles, including mechanical repair, replacement of parts, body repair, painting, engine overhaul or other major repair or maintenance.
means a residence where sleeping, bathing and toilet accommodations and eating for one or more persons are provided for hire on a daily or weekly basis, and where the living spaces of the residents are shared by the guests.
means current scientific information used in the process of designating, protecting, or restoring critical areas; that is, scientific information derived from a valid scientific process as defined by WAC 365-195-900 through 365-195-925.
means conservation practices or systems of practices and management measures that:
Minimize adverse impacts to surface water and ground water flow and circulation patterns and to the chemical, physical, and biological characteristics of wetlands;
Protect trees, vegetation, and soils designated to be retained during and following site construction and use native plant species appropriate to the site for re-vegetation of disturbed areas.
means a drawing to a scale of one inch equals 100 feet or larger which:
Identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by this title;
Contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by elected city officials; and
Contains provisions ensuring that development is in conformity with the site plan.
means the city of Colville zoning board of adjustment.
means a dwelling unit having only one kitchen within which is provided not more than five guest rooms providing lodging (with or without provision of meals) for compensation. A boarding house containing guest rooms numbering six or more shall be considered a hotel.
means vegetated areas adjacent to wetlands or other aquatic resources that can reduce impacts from adjacent land uses through various physical, chemical, and/or biological processes.
means the vertical distance measured from the average elevation of the proposed finished grade around the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The height of a stepped or terraced building is the maximum height of any segment of the building (see Figure 1 in Appendix A).
means a roofed structure providing space for the parking of motor vehicles and enclosed on not more than three sides.
are areas in a floodplain where a stream or river channel can be expected to move naturally over time in response to gravity and topography. Water bodies such as rivers and streams gain or release energy as they flow, carrying away or spreading out sediments, building new areas, and supporting a variety of fish, wildlife, and vegetation. Rivers with room to migrate have the highest diversity of aquatic habitats.
means a facility providing for the care of 13 or more children. No such center shall be located in a private residence unless a portion of the residence where the children have access is used exclusively for the children during the hours the center is in operation or is separate from the usual living quarters of the family.
means a building used exclusively for religious worship and schooling or other activity in connection therewith.
means a hearing based on the record established at an open record hearing, where no new testimony or evidence is admitted.
means a residential development with sleeping units that are independently rented and lockable. These units provide living and sleeping space, and residents share kitchen facilities with other sleeping units in the building. Co-living housing is commonly referred to as congregate living facilities, single-room occupancy, rooming houses, boarding houses, lodging houses, and residential suites.
means a community of bees having a queen, thousands of workers, and during part of the year a number of drones; the bees that live together as one family in a structure; a hive. For the purposes of this title, a single hive generally will have two brood chambers with several honey supers at times; not to exceed a 10-frame Langstroth design.
means the city of Colville planning commission.
means a residential facility licensed and regulated by the State of Washington, staffed to provide on-site care, and that is not a hospital or a group home (adult family home).
“Competency evaluation and restoration services”
means services provided by a licensed behavioral health agency to evaluate and bring court-ordered defendants back to competency, which may include educational, therapeutic, and recreational activities. It may also include the administration of psychotropic medications.
“Crisis stabilization facility”
means, pursuant to RCW 71.05.020(14) or as amended, a short-term facility designed to assess, diagnose, and treat persons experiencing an acute crisis without the use of hospitalization that may be co-located with evaluation and treatment and outpatient treatment facilities. Peace officers may drop-off individuals if the facility chooses to provide involuntary services. Individuals are assessed to determine the need for civil commitment or other services. Facilities can offer short-term care for up to 24 hours and/or provide beds for overnight stays of approximately five days.
“Dementia care facility”
means, pursuant to WAC 388-110-220 or as amended, a facility that provides specialized long-term care services for persons with dementia. All facilities have delayed egress, an indoor wander path, and a safe, enclosed outdoor area that can be accessed independently. Stays are generally long-term, with residents aging in place and only moving if their care needs can no longer be safely met.
“Enhanced services facility”
means, pursuant to RCW 70.97.010 or as amended, a facility that provides support and services to persons for whom acute inpatient treatment is not medically necessary.
“Evaluation and treatment facility”
means, pursuant to WAC 246-341-1133 or as amended, a short-term court-ordered treatment provided in a residential facility (can also be provided in a hospital setting). Includes 24-hour on-site care for the evaluation, stabilization, and/or treatment of residents for substance use, mental health, or co-occurring disorders. These facilities serve individuals for five- or 14-day (short-term) and/or 90- and 180-day (long-term) civil commitments. They may also provide services to voluntary individuals.
“Intensive behavioral health treatment facility”
means, pursuant to RCW 71.24.025 or as amended, a community-based specialized residential treatment facility for individuals with behavioral health conditions, including individuals discharging from or being diverted from state and local hospitals, whose impairment or behaviors do not meet, or no longer meet, criteria for involuntary inpatient commitment under Chapter 71.05 RCW, but whose care needs cannot be met in other community-based placement settings.
"Involuntary behavioral health residential and inpatient services"
means, pursuant to WAC 246-341-1131 or as amended, services by agencies certified for involuntary behavioral health residential and inpatient services to provide behavioral health intervention, assessment and treatment services in a residential treatment facility or hospitals to individuals subject to a civil commitment or court-order under Chapter 71.05 or 71.34 RCW; or to individuals who have been court ordered to receive treatment at a certified agency pursuant to Chapter 10.77 RCW.
"Mental health peer-run respite center"
means, pursuant to RCW 71.24.025 or as amended, a peer-run program to serve individuals in need of voluntary, short-term, noncrisis services that focus on recovery and wellness.
"Opioid treatment programs"
means, pursuant to WAC 246-341-1000 or as amended, those licensed programs that order, possess, dispense, and administer medications approved by the United States Food and Drug Administration for the treatment of opioid use disorder, alcohol use disorder, tobacco use disorder, and reversal of opioid overdose. OTP services include withdrawal management and maintenance treatment along with evidence-based therapy.
“Outpatient treatment”
means, pursuant to Chapter 246-341 WAC or as amended, behavioral health services provided through outpatient treatment. These agencies are sometimes licensed as a behavioral health agency.
Recovery Residences – Clinical.
See “Recovery residences.”
“Residential care facility”
means an establishment operated with 24 hour supervision for the purpose of serving persons of any age under the jurisdiction of the criminal justice system or nine or more persons of any age who, by reason of their circumstances or conditions, require a transitional nonmedical treatment program for rehabilitation and social readjustment; for example, work release programs, alcoholic treatment programs, drug rehabilitation centers, mental health programs, etc. This definition does not include prisons or conventional correctional institutions involving 24 hour locked incarceration with little or no freedom of movement.
"Secure community transition facility"
means, pursuant to RCW 71.05.020 or as amended, a residential facility for persons civilly committed and conditionally released to a less restrictive alternative under this chapter. A secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services. Secure community transition facilities include but are not limited to the facility established pursuant to RCW 71.09.250(1)(a)(i) and any community-based facilities established under this chapter and operated by the secretary or under contract with the secretary.
“Secure withdrawal management and stabilization facility”
means, pursuant to RCW 71.05.020 or as amended, a facility operated by either a public or private agency or by the program of an agency which provides care to voluntary individuals and individuals involuntarily detained and committed under this chapter for whom there is a likelihood of serious harm or who are gravely disabled due to the presence of a substance use disorder.
means the restoration (re-establishment or rehabilitation), establishment (creation), enhancement, and/or in certain circumstances preservation of wetlands for the purposes of offsetting unavoidable adverse impacts that remain after all appropriate and practicable avoidance and minimization has been achieved.
means an unusual and/or unique type of land use which due to its nature requires special consideration of its impact on the neighborhood and land uses in the vicinity. Therefore, a permit specifying the conditions that must be met in order to establish and operate the use on the proposed site is required. Conditional use permits (CUPs), which run with the land, are reviewed and approved by the Colville zoning board of adjustment in accordance with Chapter 17.84 CMC.
means the manipulation of the physical, chemical, or biological characteristics present to develop a wetland that did not previously exist at an upland site. Creation results in a gain in wetland area and functions. A typical action is the excavation of upland soils to elevations that will produce a wetland hydroperiod and hydric soils, and support the growth of hydrophytic plant species.
means a tool to provide applicants and regulators a way to determine whether actions taken to mitigate an impact to wetlands will adequately replace the functions and values lost. It is based on the Washington State Wetland Rating System.
are areas with a critical recharging effect on aquifers used for potable water, including areas where an aquifer that is a source of drinking water is vulnerable to contamination that would affect the potability of the water, or is susceptible to reduced recharge.
means an area that surrounds and protects a critical area from adverse impacts to the functions and values of the resource.
includes the following areas and ecosystems: (A) wetlands; (B) areas with a critical recharging effect on aquifers used for potable water; (C) habitat conservation areas; (D) geologically hazardous areas; and (E) frequently flooded areas.
means the combined, incremental effects of human activity on critical area functions and values. Cumulative impacts result when the effects of an action are added to or interact with the effects of other actions in a particular place and within a particular time. It is the combination of these effects, and any resulting environmental degradation, that should be the focus of cumulative impact analysis and changes to policies and permitting decisions.
means those solid wastes designated in WAC 173-303-070 through 173-303-103 as dangerous or extremely hazardous waste.
means a manufactured home constructed after June 15, 1976, in accordance with state and federal requirements for manufactured homes, which:
Is comprised of at least two fully enclosed parallel sections each of not less than 12 feet wide by 36 feet long;
Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of nominal 3:12 pitch; and
Has exterior siding similar in appearance to siding materials commonly used on conventional site-built Uniform Building Code single-family residences.
Complies with all local design standards applicable to other homes within the neighborhood in which the manufactured home is to be located
means a land use consisting of the construction or exterior alteration of structures; grading, dredging, drilling, or dumping; filling; removal of sand, gravel, or minerals; bulkheading; driving of pilings; or any project of a temporary or permanent nature that modifies structures, land, wetlands, buffers, or shorelines and that does not fall within the allowable exemptions or exceptions contained in the City of Colville Municipal Code.
means a legally binding agreement between a property owner and the city which establishes the development standards and other provisions that shall apply to and govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement. The city shall adopt a development agreement by ordinance or resolution.
means a cognitive, emotional, or physical impairment, especially one related to abnormal sensory or motor development that appears in infancy or childhood and requires ongoing supervision or medical care; as documented or recognized by a medical professional.
means an area accurately defined as to the boundaries and location on the official zoning map and within which area certain land use regulations as prescribed by the text of this title apply.
means a structure designed exclusively for occupancy by two families living independently of each other, doing their own cooking and containing two dwelling units. Such building has a common roof or the dwelling units are joined by a common roof.
means a structure designed exclusively for occupancy by three or more families living independently of each other and containing three or more dwelling units.
means a structure designed for and occupied by one family only.
means a structure designed exclusively for occupancy by multiple families living independently of each other with each owning their own unit. Such building has a common roof or the dwelling units are joined by a common roof. Examples are condominiums, townhouse, or row houses.
means one or more rooms designed, occupied or intended for occupancy as living quarters, with cooking, sleeping, and bathroom facilities.
means the products, physical and biological conditions, and environmental qualities of an ecosystem that result from interactions among ecosystem processes and ecosystem structures. Ecosystem functions include, but are not limited to, sequestered carbon, attenuated peak streamflow, aquifer water level, reduced pollutant concentrations in surface and ground waters, cool summer in-stream water temperatures, and fish and wildlife habitats (WAC 365-196-210(21)).
means those activities necessary to prevent an immediate threat to public health, safety, or welfare, or that pose an immediate risk of damage to private property and that require remedial or preventive action in a timeframe too short to allow for compliance with the requirements of the critical areas regulations.
means, pursuant to RCW 36.70A.030 or as amended, temporary indoor accommodations for individuals or families who are homeless or at imminent risk of becoming homeless that are intended to address the basic health, food, clothing, and personal hygiene needs of individuals or families. Emergency housing may or may not require occupants to enter into a lease or an occupancy agreement, as defined within.
means, pursuant to RCW 36.70A.030 or as amended, a facility that provides a temporary shelter for individuals or families who are currently homeless. Emergency shelter may not require occupants to enter into a lease or an occupancy agreement. Emergency shelter facilities may include day and warming centers that do not provide overnight accommodations.
means the manipulation of the physical, chemical, or biological characteristics of a wetland to heighten, intensify, or improve specific function(s). Enhancement results in the gain of selected function(s), but may also lead to a decline in other function(s). Enhancement does not result in a gain in wetland area.
means, pursuant to RCW 36.70A.200 or as amended, those facilities that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities as defined in RCW 47.06.140, regional transit authority facilities as defined in RCW 81.112.020, state and local correctional facilities, solid waste handling facilities, opioid treatment programs including both mobile and fixed-site medication units, recovery residences, harm reduction programs excluding safe injection sites, and inpatient facilities including substance use disorder treatment facilities, mental health facilities, group homes, community facilities as defined in RCW 72.05.020, and secure community transition facilities as defined in RCW 71.09.020.
means housing designed for human occupancy, such as a single-family dwelling, in which the structure of any room is entirely or substantially prefabricated or assembled at a place other than the building site. Factory-built housing complies with all the requirements of the Uniform Building Code and does not include manufactured housing or mobile homes.
means an event held during a specified time and location for the purpose of buying and selling of goods and/or produce, exhibition, competition, entertainment, information, or charitable event.
means a group of individuals not necessarily related by blood, marriage or legal custody living together in a dwelling unit, as a single housekeeping unit under a common management plan based on an intentionally structured relationship providing organization and stability.
mean, pursuant to RCW 43.216.010 or as amended, a child care provider who regularly provides early childhood education and early learning services for not more than 12 children at any given time in the provider's home in the family living quarters except as provided in RCW 43.216.692.
means the cultivation of land for the production of crops, and only including the raising of livestock when in compliance with CMC § 17.64.180.
means a masonry wall or a barrier composed of posts connected by boards, rails, panels, or wire for the purpose of enclosing space or separating parcels of land.
means the vertical distance measured from the finished grade (ground) level to the highest board, rail, post, or wire, including any retaining wall.
means a type of Critical Area specified in the Growth Management Act. The intent of FWHCAs is to maintain populations of species in suitable habitats within their natural geographic distribution so that (1) the habitat available is sufficient to support viable populations over the long term, and (2) isolated subpopulations are not created. FWHCAs come in a variety of types including waters of the state, places with which listed species have a primary association, habitats and species of local importance, and riparian ecosystems. (WAC 365-190-130) (WDFW Vol 2).
means a lot not fronting on or abutting a public road but with access to the public road by a narrow, private right-of-way or driveway (see Figure 2 in Appendix A).
means a zoning district established and regulated by this title but which is unmapped. The zoning district and its associated regulations are "anchored" to the land only after a rezone reclassification is approved for a particular piece of property.
means the gross floor area of all buildings or structures on a lot divided by the total lot area.
means the front side of a building which extends in a direction parallel to the public right-of-way.
means an area that is not suited for development because of its susceptibility to erosion, sliding, earthquakes, or other geological events hazardous to public health and safety.
includes: (A) areas with which species designated as endangered, threatened, and sensitive under Section 7 of the Endangered Species Act have primary association; (B) habitats and species of local importance; (C) naturally occurring ponds under 20 acres and their submerged aquatic beds that provide wildlife habitat; (D) waters of the state; and (E) state natural area preserves and natural resource conservation areas. Habitat conservation areas do not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of and are maintained by a port district or an irrigation district or company.
means a project-based, site specific report for land use activities in a riparian zone that could affect riparian or aquatic functions. The plan should include: 1. Critical area delineation; 2. Land use action identification; 3. Mitigation; 4. Monitoring and adaptive management; 5. Prepared by a qualified professional biologist, botanist or ecologist (WDFW Vol 2).
means physical characteristics of a property that are peculiar to the land, such as topography, soils, and dimensions, and that interfere with the application of the development standards for the district in which the property is located.
means all dangerous and extremely hazardous waste.
means any person or site whose act or process produces dangerous waste or whose act first causes a dangerous waste to become subject to regulations under the Dangerous Waste Regulations, Chapter 173-303 WAC.
means a hazardous waste treatment and storage facility that treats and stores waste from generators on properties other than those on which the facility is located.
means a hazardous waste treatment and storage facility which treats and stores wastes generated on the same lot.
means the holding of dangerous waste for a temporary period. Accumulation of dangerous waste by the generator on the site of generation is not storage as long as the generator complies with the applicable requirements of WAC 173-303-200 and 173-303-201.
means the physical, chemical, or biological processing of dangerous waste to make such wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in value.
means a threat to life, property, or public safety. Due to their high habitat value, WDFW recommends that local jurisdictions require that the method of hazard tree removal not adversely affect ecosystem functions to the extent practicable, encourage the creation of snags (Priority Habitat features) rather than complete tree removal, involve an avoidance and minimization of damage to remaining trees and vegetation within critical areas and require a qualified arborist to evaluate requests for hazard tree removal (Land Use Planning for salmon, steelhead and trout, WDFW 2009).
means retail stores whose wares are contained within the building and carry products for the purpose of refurbishing, renovating, decorating, or maintaining a residence, including, but not limited to, floor covering, interior decorating, painting, or wallpapering.
means a business that is operated entirely within a dwelling unit or accessory structure, the activity of which is clearly incidental to the use of the residence as a dwelling.
means a building designed and used for the medical and surgical diagnosis, treatment, and housing of persons under the care of doctors and nurses. Convalescent, nursing, and retirement homes are not included in this definition.
means a building or premises for the medical or surgical treatment for animals or pets, including boarding of hospitalized animals but excluding any exterior kennels, cages, or runs.
means a building or portion of a building providing six or more guest rooms without cooking facilities for the lodging of transient persons, with or without provision of meals, in return for compensation.
means housing used, or intended for use, by persons with functional disabilities. The term includes, but is not limited to, adult family homes, residential care facilities, and housing for any supported living arrangement, as defined in this chapter.
means a surface area that either prevents or retards the entry of water into the soil or other substrate that would occur under natural conditions prior to development. A non-vegetated surface area that causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under pre-development or pre-developed conditions. Common impervious surfaces include, but are not limited to, rooftops; walkways; patios; driveways; parking lots; storage areas; concrete or asphalt paving; gravel roads; packed earthen materials; and oiled, macadam, or other surfaces that similarly impede the natural infiltration of stormwater.
means an agreement between a regulatory agency (state, federal, or local) and a single sponsor, generally a public natural resource agency or non-profit organization. Under an in-lieu-fee agreement, the sponsor collects funds from individuals and/or entities required to conduct compensatory mitigation under a wetland regulatory program. The sponsor uses the funds pooled from multiple permittees to create one or more mitigation sites under the authority of the agreement to satisfy the permittees’ required mitigation.
means any land or building in which four or more dogs or cats at least four months of age are kept commercially for board, propagation, or sale.
means a planted area that includes trees, lawns, and plants, other than weeds. Landscape areas can include natural materials, such as rocks, and pedestrian and vehicular access points.
means animals typically associated with farming that are for use or consumption by people.
means an off-street parking space or berth used for the loading and unloading of products or materials from vehicles. Required off-street loading spaces are not to be included as off-street parking for purposes of meeting the parking standards in this title.
means a designated parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon.
means the percentage of the total lot area covered by structures, including all projections except eaves. Accessory buildings shall be counted in the computation of lot coverage.
means the portion of a lot nearest the street. On corner lots and through lots, all sides of a lot adjacent to streets shall be considered "front yards" (see Figure 1 in Appendix A).
means as follows:
"Depth"
means the horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line.
"Width"
means the dimension of the lot line at the street right-of-way line; or, in an irregularly shaped lot, the dimension across the lot at the building setback line; or, in a corner lot, the narrow dimension of the lot at a street or building setback line.
means a legally created lot which is part of a subdivision recorded in the office of the Stevens County auditor, or a lot or parcel described by metes and bounds, the description of which has been so recorded, or by GLO subdivision method.
The diagram (see Figure 2 in Appendix A) which follows illustrates terminology used in this title with reference to "corner lots," "interior lots," and "through lots." In the diagram:
A equals "corner lot," defined as a lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees. See lots marked A(1) in the diagram.
B equals "interior lot," defined as a lot other than a corner lot with only one frontage on a street.
C equals "through lot," defined as a lot other than a corner lot with frontage on more than one street. Through lots may be referred to as double frontage lots.
D equals "flag lot," defined as a lot not fronting on or abutting a public road but with access to the public road by a narrow, private right-of-way or driveway.
means a stormwater and land-use management strategy that tries to mimic natural hydrologic conditions by emphasizing the following techniques: conservation, use of on-site natural features, site planning, and distributed stormwater best management practices (BMPs) integrated into a project design.
means a single-family dwelling built according to the Department of Housing and Urban Development Manufactured Home Construction and Safety Standards Act, which is also a national, preemptive building code. A manufactured home:
Includes plumbing, heating, air conditioning, and electrical systems;
Is built on a permanent chassis; and
Can be transported in one or more sections with each section at least eight feet wide and 40 feet long when transported, or when installed on the site is 320 square feet or greater (see RCW 46.04.302). References to manufactured homes include mobile homes.
means a tract of land under single ownership or control upon which two or more manufactured homes occupied as dwellings may be located.
means a plot of ground within a mobile home park designated to accommodate one manufactured home.
means a permanent roofed structure attached to and supported by the building and projecting over public property. A marquee shall include any object or decoration attached to or a part of the marquee.
means a building or group of buildings designed for the use of physicians, dentists, and others engaged in the practice of the healing arts and licensed by the state of Washington.
means a fully enclosed building or group of buildings that contains varying sizes of individual, compartmentalized, controlled-access stalls or lockers for the storage of customer's goods and wares.
means compensating for impacts to a critical area, particularly wetlands, such that no overall net loss in either size or function occurs.
refers to the implemented sequence of steps or actions in order to reduce impacts to Critical Areas as required by the Washington State Environmental Policy Act (SEPA) (Chapter 43.21C RCW) and the federal National Environmental Policy Act (NEPA). This sequence of actions must be taken for proposals with environmental impacts.
means a factory-built dwelling fabricated prior to June 15, 1976, to standards other than the Housing and Urban Development (HUD) Code, and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the state. Mobile homes have not been built since the introduction of the HUD Manufacture Home Construction and Safety Standards Act.
means a building or group of buildings containing six or more individual sleeping units or guest rooms without cooking facilities, where lodging with or without provision of meals is provided for compensation. Motels are designed to temporarily accommodate the automobile tourist or transient with parking facilities conveniently located near each unit.
means plant species that occur naturally in a particular region or environment and were present before European colonization.
means lands not already characterized by urban growth that have long-term commercial significance for agriculture, forestry, or mineral extraction. They include: Agricultural lands (farming, horticulture, dairy, etc.), Forest lands (timber production), Mineral lands (sand, gravel, metallic substances, etc.). Local governments must designate and protect these lands under the Growth Management Act, following statutory definitions in Chapter 36.70A RCW and detailed criteria in WAC 365-196-480.
means the total lot area minus the land area set aside for dedicated public streets, utility easements, schools, and public parks.
means any manufactured home required to be titled under RCW Title 46 which has not been previously titled to a retail purchaser, and is not a "used mobile home" as defined in RCW 82.45.032(2).
refers to the actions taken to achieve and ensure no overall reduction in existing ecosystem functions and values or the natural systems constituting the protected critical areas. This may involve fully offsetting any unavoidable impacts to critical area functions and values pursuant to the Growth Management Act, WAC 365-196-830, Protection of critical areas, or as amended.
means any home, place or institution which operates or maintains facilities providing convalescent or chronic care, or both, for a period in excess of 24 consecutive hours for three or more patients not related by blood or marriage to the operator, who by reason of illness or infirmity, are unable properly to care for themselves. Convalescent and chronic care may include but not be limited to any or all procedures commonly employed in waiting on the sick, such as administration of medicines, preparation of special diets, giving of bedside nursing care, application of dressings and bandages, and carrying out of treatment prescribed by a duly licensed practitioner of the healing arts. It may also include care of mentally incompetent persons. It may also include community-based care. Nothing in this definition shall be construed to include general hospitals or other places which provide care and treatment for the acutely ill and maintain and operate facilities for major surgery or obstetrics, or both. Nothing in this definition shall be construed to include any boarding home, guest home, hotel or related institution which is held forth to the public as providing, and which is operated to give only board, room and laundry to persons not in need of medical or nursing treatment or supervision except in the case of temporary acute illness. The mere designation by the operator of any place or institution as a hospital, sanatorium, or any other similar name, which does not provide care for the acutely ill and maintain and operate facilities for major surgery or obstetrics, or both, shall not exclude such place or institution from the provisions of this chapter; provided, that any nursing home providing psychiatric or psychological treatment shall, with respect to patients receiving such treatment, comply with the provisions of this title and of RCW 71.12.560 and 71.12.570.
means a hearing that creates the record through testimony and submission of evidence and information.
means under the Shoreline Management Act, that mark which is found by examining the bed and banks of water bodies and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, that the soil has a character distinct from that of the abutting upland in respect to vegetation.
means the keeping of material, merchandise, goods, or vehicles outside of a building or in a screened area in the same place for more than 24 hours.
means a district specifically delineated on the zoning map establishing land use requirements that govern in addition to the standards of the base district.
means:
A person who, because of a recognized chronic physical or mental condition or disease, is functionally disabled to the extent of:
Needing care, supervision or monitoring to perform activities or instrumental activities of daily living; or
Needing support to ameliorate or compensate for the effects of the functional disability to lead as independent a life as possible; or
Having a physical or mental impairment which substantially limits one or more of the person's major life activities; or
Having a record of having such an impairment; or
Being regarded as having such an impairment. Functional disabilities does not include current, illegal use of or active addiction to, a controlled substance.
is, pursuant to RCW 36.70A.030 or as amended, subsidized, leased housing with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal history, and personal behaviors. Permanent supportive housing is paired with on-site or off-site voluntary services designed to support a person living with a complex and disabling behavioral health or physical health condition who was experiencing homelessness or was at imminent risk of homelessness prior to moving into housing to retain their housing and be a successful tenant in a housing arrangement, improve the resident's health status, and connect the resident of the housing with community-based health care, treatment, or employment services. Permanent supportive housing is subject to all of the rights and responsibilities defined in Chapter 59.18 RCW.
includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.
means domesticated animals such as dogs, cats, hamsters, nonvenomous snakes, birds and rabbits. Animals such as mink, fowl, poultry, and large and small hoofed animals are excluded. Household pets do not include animals raised for consumption.
means a retail establishment in which domestic animals and animal merchandise are kept for the purpose of sale to the public. Animal merchandise includes food, toys, and grooming supplies. A pet store does not provide boarding services.
means a general land use application process required for the assessment of applications proposing "development," where there is a change in the use of a building or property, or where there is the construction, alteration of any building, excavation, filling or other works on any land.
means a place provided and operated by city employees or by an independent agency under the authority of the city acting alone or in contract with other municipalities for the restraint and care of animals.
means the removal of a threat to, or preventing the decline of, wetland conditions by an action in or near a wetland. This term includes activities commonly associated with the protection and maintenance of wetlands through the implementation of appropriate legal and physical mechanisms (such as recording conservation easements and providing structural protection like fences and signs). Preservation does not result in a gain of wetland area and functions (but may result in a gain in functions over the long term).
refers to the relationship between a priority species and the specific areas or features of a priority habitat that are essential to its survival. A species has a primary association with areas where it is found on a regular basis, or with habitat that is necessary for its proper function. (WDFW PHS)
means known limiting habitats (e.g., breeding areas) or areas that support a relatively high number of individuals (e.g., regular concentrations) identified in WDFW’s Priority Habitats and Species List.
means as defined by WDFW, habitat types or elements with unique or significant value to a diverse assemblage of species. A priority habitat may consist of a unique vegetation type (e.g., shrub-steppe) or dominant plant species (e.g., juniper savannah), a described successional stage (e.g., old-growth forest), or a specific habitat feature (e.g., cliffs).
means as defined by WDFW, State Endangered, Threatened, Sensitive, and Candidate species; animal aggregations (e.g., heron colonies, bat colonies) considered vulnerable; and species of recreational, commercial, or tribal importance that are vulnerable.
means a person with professional wetland experience that meets the following criteria:
A Bachelor of Science or Bachelor of Arts or equivalent degree in hydrology, soil science, botany, ecology, resource management, or related field, or four years of full-time work experience as a wetland professional may substitute for a degree; and
At least two additional years of full-time work experience as a wetland professional; including delineating wetlands, preparing wetland reports, conducting function assessments, and developing and implementing mitigation plans; and
Completion of additional wetland-specific training programs. This could include a more comprehensive program such as the University of Washington Wetland Science and Management Certificate Program or individual workshops on topics such as wetland delineation, function assessment, mitigation design, hydrophytic plant or hydric soil identification; and
A person certified as a Professional Wetland Scientist through the Society of Wetland Scientists professional certification program meets the above criteria.
means, pursuant to RCW 41.05.760 or as amended, a home-like environment that promotes healthy recovery from a substance use disorder and supports persons recovering from a substance use disorder through the use of peer recovery support.
“Recovery residences – non-clinical”
means those recovery residences not requiring licensure through the Washington Department of Health and are commonly referred to as Level 1, 2, or 3 Recovery Residences.
“Recovery residences – clinical”
means those recovery residences licensed and certified by the WA Department of Health under WAC 246-341-1108 and are commonly referred to as Level 4 Recovery Residences. Under this title, they are considered to be “community-based behavioral health facilities” and regulated thereto.
means a vehicle or portable structure built on a chassis and designed to be used for temporary occupancy for travel, recreational or vacation use. Recreational vehicles shall include, but are not limited to, campers, motor homes and travel trailers.
means a tract of land under single ownership or control upon which two or more RVs occupied on a temporary basis may be located.
means to adapt to a new use; to process in order to regain material for use.
means the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural/historic functions and environmental processes to a degraded wetland. Rehabilitation results in a gain in wetland function, but does not result in a gain in wetland acres.
means an activity that restores the character, scope, size, and design of a serviceable area, structure, or land use to its previously authorized and undamaged condition. Activities that change the character, size, or scope of a project beyond the original design and drain, dredge, fill, flood, or otherwise alter critical areas are not included in this definition.
means a facility, licensed by the state, that cares for at least five but not more than 15 people with functional disabilities, that has not been licensed as an adult family home pursuant to RCW 70.128.175.
means measures taken to restore an altered or damaged natural feature, including:
Active steps taken to restore damaged wetlands, streams, protected habitat, or their buffers to the functioning condition that existed prior to an unauthorized alteration; and
Actions performed to re-establish structural and functional characteristics of a critical area that have been lost by alteration, past management activities, or catastrophic events.
means a recommended width of land along watercourses and other aquatic areas that contains both the aquatic component and the adjacent terrestrial vegetation. This zone includes the bank stability and habitat functions that provide benefits to both fish and wildlife populations by protecting the aquatic environment from land disturbance and supporting a healthy ecosystem (WDFW).
means a covenant, permit, or restriction to the use of land that is binding on the present and all future owners of the property.
means any public or privately operated school having specialty training and not offering a general curriculum.
means a method of visually shielding or obscuring an abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation.
A person or business location, in whole or in part, in the business of buying or selling secondhand personal property, scrap metal, or melted metals shall be deemed to be a "secondhand dealer."
means a retail business establishment supplying gasoline, oil, accessories, and minor service for automobiles.
means any sign that no longer correctly identifies or advertises any person, business, lessee or owner, product, or actions conducted or available on the premises.
means a sign extending above the ceiling or roof of a canopy or marquee.
means a sign incorporating any combination of features of a pole, projecting, and roof sign.
means any commercial communication device, structure, or fixture which is visible from any public right-of-way intended to aid the business establishment in question in promoting the sale of a project, goods or services using graphics, symbols or written copy.
means any sign containing electrical wiring but not including signs illuminated by an exterior light source.
means a self-supporting sign placed on the ground that is independent of any other structure.
means a small, nonelectric sign four square feet or less in area, intended primarily for the convenience of the public and of a temporary nature pertaining to goods, products and services.
means an output which does not exceed the equivalent of: (A) 425 milliamperes fluorescent tubing behind plex face spaced on seven-inch centers; or (B) exposed neon of 30 milliamperes.
means a sign that advertises goods, products, services or facilities at another location or directs persons to a different location from where the sign is installed.
means a freestanding sign supported wholly by a pole or poles in the ground which are not a part of a building.
means a sign, other than a wall sign, which is attached to and projects in any direction more than 12 inches from a structure or building face.
means a sign which is specifically designed for the use of replaceable or changeable copy. This definition includes only those signs which use interchangeable letters to vary the sign message.
means a portable sign erected by the owner or owner's agent advertising the real estate upon which the sign is located for rent, lease or sale, or direction to said property.
means a sign erected upon or above a roof or parapet wall of a building or structure.
means a portable sign, typically in the shape of an inverted V, with two signboards attached to each other at the top of the sign (also known as "sandwich board" or "A-frame" signs) or an inverted "T" shaped sign. Each board shall be considered a separate face for purposes of determining allowable area of sign. "Sign" in this section shall refer to sidewalk sign or other type of moveable sign located within or on the public way.
means a temporary sign used to promote a community fair, festival, or event.
means the total area of a sign visible from any one viewpoint or direction, excluding the sign support structure, architectural embellishments, or framework which contains no written copy. Individual letter sign using a wall as the background without added decoration or change in wall color shall be calculated by measuring the perimeter enclosing each letter. The combined total area of all individual letters shall be considered the total area of the sign. Module signs consisting of more than one sign cabinet shall be computed by adding together the total area of each module. Perimeter or sign area shall be established by the smallest rectangle enclosing the extreme limits of the letter, module or advertising message being measured.
means any sign, banner, pendant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, or signs that are not permanently attached to a structure that are designed to be portable, and are intended to be displayed for a limited period of time only.
means a sign suspended below the ceiling or roof of a canopy or marquee.
means a sign attached parallel to and not extending more than 12 inches from the facade or face of any building to which it is attached and supported throughout its entire length, width, and height, with the exposed face of the sign parallel to the plane of the wall or facade.
means the average maximum height of the tallest dominant trees for a given age and site class. Full riparian function occurs when trees reach their SPTH at age 200 (SPTH200; WDFW Vol 1 and 2).
means any device or area that uses the sun's energy to heat domestic water or to heat, cool, or light a living space. This definition includes not only familiar space and domestic water heating system collectors but also collectors for space cooling and the passive design techniques of south facing windows and greenhouses.
means criteria for the siting of hazardous waste treatment and storage facilities contained in WAC 173-303-285.
means the portion of a building included between the upper surface of any floor and the upper surface of the floor next above (see Figure 3 in Appendix A). If a finished floor level directly above an under-floor space is more than six feet above grade for more than 50 percent of the perimeter or is more than 12 feet above grade at any point, the under-floor space shall be considered a story.
means the lowest story in a building which qualifies as a story, except that a floor level in a building having only one level shall be classified as a first story if such floor level is not more than four feet below grade for more than 50 percent of the total perimeter, or more than eight feet below grade at any point (see Figure 4 in Appendix A).
means an area where open surface water produces a defined channel or bed, not including irrigation ditches, canals, storm or surface water runoff devices, or other entirely artificial watercourses, unless they are used by salmonids or are used to convey a watercourse that was naturally occurring prior to construction. A channel or bed need not contain water year-round, provided there is evidence of at least intermittent flow during years of normal rainfall.
means a public right-of-way or recorded private easement, not including alleys, which affords primary means of access to abutting properties.
means anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, and mobile or manufactured homes.
means the division or redivision of land into five or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership.
means the division or redivision of land into four or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership.
means a living unit owned or rented by one or more persons with functional disabilities who receive assistance with activities or daily living, instrumental activities of daily living, and/or medical care from an individual or agency licensed and/or reimbursed by a public agency to provide such assistance.
means a facility operated for the purpose of short-term, temporary detention of juveniles awaiting arraignment or transfer to another facility.
means a use established for limited duration, not to exceed six months, with the intent to discontinue the use upon the expiration of the time period established in the permit. Temporary uses include the use of an RV as a dwelling under certain circumstances and other uses as determined by the administrator.
means an outdoor facility designed to show motion pictures or theatrical productions to patrons seated in automobiles.
means a shop that sells donated, used articles, especially clothing, to the benefit of a charitable organization.
means, pursuant to RCW 84.36.043 or as amended, a project that provides housing and supportive services to homeless persons or families for up to two years and that has as its purpose facilitating the movement of homeless persons and families into independent living.
means an agency providing a public service which is paid for by the recipient and subject to government regulations. The services include, but are not limited to, electrical substations, pumping lift stations or similar regulatory appurtenances for the collection, transmission or distribution of electricity, natural gas, water, wastewater, stormwater, communication or other similar service.
means a departure from the terms of the zoning ordinance for standards such as height, area, size of structure, size of yards, or open spaces. Variances are reviewed by the Colville zoning board of adjustment in accordance with Chapter 17.88 CMC.
means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from non-wetland sites, including, but not limited to, irrigation and drainage ditches, grass lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands include artificial wetlands intentionally created from non-wetland areas to mitigate the conversion of wetland.
Figure 5 in Appendix A illustrates the terminology used in this title with reference to front, rear, and side yards:
"Yard"
means an open space which lies between the property line and the building setback lines, the inside boundary of which shall be considered parallel to the nearest property line.
"Front yard"
means a yard extending between side lot lines across the front of a lot adjacent to a street.
"Rear yard"
means a yard extending across the rear of the lot between the side yard lines. In the case of through lots and corner lots, there will be no rear yards, but only front and side yards.
"Side yard"
means a yard extending from the rear line of the required front yard to the rear lot line.
means a business utilizing a permanent building or facility where children under the age of 18 are invited onto the business premises in conjunction with such business activity and at least 50 percent of the business revenues is generated from their patronage.
(Ord. 1160 NS § 1, 1997; Ord. 1184 NS § 1, 1999; Ord. 1219 NS § 1, 2000; Ord. 1260 NS § 1, 2002; Ord. 1351 NS §§ 2, 3, 2005; Ord. 1408 NS §§ 1, 2, 2008; Ord. 1488 NS § 13, 2012; Ord. 1563 NS § 1, 2016; Ord. 1706 NS § 2, 2023; Ord. 1739 NS, 11/25/2025; Ord. 1747 NS, 1/13/2026)