[1]
Editor’s Note: Refer to Chapter 18.38 for the FNO-FAA Notification Overlay and FPO-Flight Pattern Overlay.
The mixed-use designation is intended to be applied to those areas that are planned for redevelopment or new development that lie within or immediately adjacent to existing corporate limits. The mixed uses should have ready access to full city services and the existing transportation network. Areas with this designation should be given a priority for annexation and/or extension of city utilities. Full utilization of properties so designated for residential, commercial, and/or industrial uses should be contingent upon annexation (if required), approval of a planned development, and connection to city services.
(a) 
Development within areas covered by the MAO—Mixed-Use Overlay are subject to those requirements of the underlying zoning district.
(b) 
Those uses within the underlying zoning district designated as prohibited shall be allowed upon the approval of a single or mixed-use planned development permit.
(Ord. 1286 (part), 1995)
The SO—Shoreline Overlay is designed to create a link between the ordinance codified in this title and the city’s shoreline master program (SMP). The overlay is a concept intended to overlay zoning requirements with the more restrictive provisions of the SMP while providing the administrator and project proponents with easy access to the more complex provisions of the SMP. Information on permitted uses, development standards, and regulatory requirements are found in the city’s SMP.
(a) 
Development within areas covered by the SO—Shoreline Overlay shall be subject to the standards and requirements of the city’s shoreline master program (SMP). Whenever a conflict arises between the standards and regulations contained within the SMP and this title, the more restrictive provisions shall apply.
(b) 
Lot size, allowable density, building coverage, building height, and setback requirements in the SO—Shoreline Overlay shall be as set forth in underlying zoning district, except where the City’s shoreline master program (SMP) is more restrictive. In such cases, the more restrictive requirements shall apply.
(c) 
Hazardous Materials. The storage, treatment, processing, and manufacture of hazardous materials and/or waste shall be prohibited in the SO—Shoreline Overlay.
(d) 
Steep Slopes. Construction on slopes exceeding fifteen percent shall be limited to those activities which serve a public purpose.
(e) 
Signs in the SO—Shoreline Overlay are subject to the requirements of the city’s shoreline master program (SMP) and the Omak sign ordinance.
(f) 
The administrator shall review the measures proposed for compliance with the development standards and shall approve or conditionally approve a building permit application to assure compliance with these standards.
(Ord. 1286 (part), 1995)
The CAO—Critical Areas Overlay is designed to provide protection via design and environmental review for development and uses in those nonshoreline and flood-plain areas designated as “conservancy” in the city’s comprehensive plan. Such protection is necessary to protect steep slopes and other areas defined as “critical” by the Growth Management Act (RCW 36.70A).
(a) 
The following development standards shall be mandatory for all development and uses in areas covered by the CAO—Critical Areas Overlay:
(1) 
Approved landscape plans shall be implemented as soon as weather allows after completion of construction, which will provide planting which, either separately or combined with wood fencing or earthen berms, provide visual screening of parking areas, trash areas, and other service areas of the development. Additionally, landscaping tends to break up the visual impact of the development from public roads and neighboring properties. Further, landscaping may contribute to the control of obnoxious weeds. Landscaping must be maintained to assure viability of plantings; underground or other timed outdoor water systems may be required by the administrator for water conservation.
(2) 
Stormwater shall be channeled and disposed of by dispersal through a grassy area of sufficient size for the anticipated amount of stormwater runoff; by release into a properly designed dump area with filtration system or devices installed (including oil/water separator) if called for by the size of development and the amount of traffic to be generated thereby and by the size of the paved area; or other acceptable method to assure no degradation of the surface or ground waters.
(3) 
An ownership and maintenance program will be implemented for roads and common areas if the development is to be sold in units (including condominium ownership), to assure a long range maintenance program for such areas (such as a property owner’s association, co-op, or condominium ownership program).
(4) 
Dust-control measures shall be implemented to provide assurance of continual dust control during con-struction and upon occupation of the development. All roads and parking areas shall be paved or similarly surfaced to provide long-term dust control.
(5) 
Dog-control measures shall be mandatory in all multi-unit dwelling projects, and tourist accommodation, including either dog prohibition or mandatory leash laws.
(6) 
Compliance with the provisions and procedures of the State Environmental Policy Act and local regulations thereunder shall precede any applicable development.
(b) 
Lot size, allowable density, building coverage, building height and setback requirements in the CAO—Critical Areas Overlay shall be as set forth in the underlaying zoning district.
(c) 
The storage, treatment, processing, and manufacture of hazardous materials and/or waste shall be prohibited in the CAO—Critical Areas Overlay.
(d) 
Construction on slopes exceeding fifteen percent over a horizontal distance of one hundred feet shall be limited to those activities which serve a public purpose.
(e) 
SEPA review is required for displacement, leveling, or relocation of steep slopes exceeding fifteen percent over a horizontal distance of one hundred feet or other prominent geological features.
(f) 
The administrator shall review the measures proposed for compliance with the development standards and shall approve or continually approve a building permit application to assure compliance with these standards.
(g) 
Signs in the CAO—Critical Areas Overlay shall be permitted but are subject to the requirements of the underlying zoning district as identified in the Omak sign ordinance.
(Ord. 1286 (part), 1995)