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HomeMy WebLinkAboutOrd-2016-023BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON ORDINANCE NO. 2016-023 REVISIONS OF KITTITAS COUNTY CODE AS PART OF THE 2016 ANNUAL COMPREHENSIVE PLAN AMENDMENT CYCLE. Whereas, this ordinance, revlSlng the Kittitas County Comprehensive Plan, contains four sections of fmdings, as follows: Section 1- Section 11- Section III - Exhibits A-G 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 1 Procedural Findings Board of County Commissioners Findings Final Decision and Signatures Changes to Comprehensive Plan and Regulations December 6, 2016 Whereas, Whereas, Whereas, Whereas, Whereas, Whereas, Whereas, Whereas, Whereas, Whereas, Whereas, Whereas, SECTION I PROCEDURAL FINDINGS Kittitas County opted into the Growth Management Act, RCW 36.70A, voluntarily on December 27,1990, through Resolution 90-138; and The Kittitas County GMA Comprehensive Plan was originally adopted on July 26, 1996, by the Kittitas County Board of County Commissioners; and Kittitas County Code 15B.03.030 indicates that any interested person, including applicants , citizens, county commission and board members, and staff of other agencies may suggest plan or development regulation amendments for annual consideration by the Kittitas County Planning Commission and Board of County Commissioners; and Kittitas Counly Code 15B.03.030 requires amendm ents LO the comprehensive pl an that are d keted by June 30th must be approved or deni ed by the Board of County Commissioners on or before December 31 st of that same calendar year; and Kittitas County Community Development Services docketed a list of suggested changes to the Comprehensive Plan and development regulation amendments and made these proposals readily available for review by the public in the Planning Department, Community Development Services and within the County's official website; and Kittitas County submitted its proposed docketed items on Septemher 30,2016, to the Department of Commerce as required by statute and received letter of receipt on October 12,2016, that the docket proposal had been received and was sent to other agencies for comment; and No comments were received from other State agencies; and Kittitas County filed its SEPA checklist on November 3,2016, and issued a Final Determination of Non-significance (DNS) for the annual docket on November 7, 2016, through authority of WAC 197-11-355; and There were no agency or public appeals or reviews filed on the Detennination of Non- significance; and Due public notice was placed upon the County official website and in the Daily Record on November 2, 2016; and The Planning Commission met on November 9,2016, to hear testimony and take public comment on the items considered for amendment, and after deliberation made recommendations to the Board of County Commissioners, taking due consideration of the public benefit involved in the proposals; and After due notice and publication on official website and Daily Record on November 16, and November 21,2016, the Kittitas County Board of County Commissioners held an open public hearing on November 28,2016, during which public testimony 2016 Docket Enabling Ordinance Ord. # 2016-023 December 6, 2016 Page 2 Whereas, Whereas, Whereas, was taken from those persons wishing to be heard regarding the docket items being considered on each docket item; and After deliberation, the Board of County Commissioners made decision on each docket item presented; and Following the decisions on the docket items the Kittitas County Board of Commissioners instructed County staff to prepare an ordinance for their signature to adopt changes to the Kittitas County Code; and The Kittitas County Board of County Commissioners considered enabling documents before the public on December 6, 2016. SECTION II -BOARD OF COUNTY COMMISSIONERS FINDINGS Gene ral F indi ngs: The Kittitas County Board of County Commissioners held a public hearing on November 28, 2016, to hear testimony and accept written comments regarding proposed amendments to the Kittitas County Code. All members of the public who wanted to testify were allowed to speak or submit written correspondence into the record. The docketed items discussed during the Board of County Commissioners public hearings included: 2016 Proposed AMENDMENTS to Kittitas County Code Number Applicants Name 16-01 Kittitas County KCC Chapter Public Works 12.01.095 16-02 Kittitas County 14.04.020 Commissioner Paul Jewell 16-03 Kittitas County Title 16 CDS Planning Division 2016 Docket Enabling OrdInance Ord. # 2016·023 Page 3 Planning Commission Pro;ect Description Recommendation Changes to requirement for Recommendation second access where to Approve development exceeds 30 units Vote 4-0 to be consistent with the International Fire Code requirements. Place language in Code to Recommendation require County to recognize for Approval private as well as public Vote 4-0 easements Amend Sections Recommendation 16.05.020 Binding Site Plans to Approve Requirements; 16.09.040 Vote 4-0 Development regulations; 16.12.030(7) Existing conditions; 16.12.040 Comprehensive Plan and zoning regulation December 6, 2016 2016 Proposed AMENDMENTS to Kittitas County Code conformance; and 16.20.050 Dedications, easements to include language placing responsibility on developed open space. 16-04 Kittitas County Amend Allowed Use Tables Recommendation Title 17 CDS Planning KCC 17.15 Categories and uses to Approve Division established; KCC 17.29.040(b) Vote 4-0 and 17 .31.040(3) limiting number of dwellings allowed on parcel; KCC 17.66.020 and 12.14.010 and .020 Electric Vehicle Charging Stations 16-05 Kittitas County Chapter 17.13 KCC Exemption Recommendation Commissioner of Transfer of Development to Approve Paul Jewell Rights requirement for Vote 4-0 developments with affordable housing 16-06 Kittitas County Remove signs providing Recommendation KCC Chapter Prosecuting messages (political /real estate) to Deny 17.70.040 Attorney's Office from exemptions Vote 4-0 16-07 CDS Planning KC Comprehensive Plan Recommendation KCC Chapter Division Table 2-1 and KC Zoning and to Approve 13.35 Plan Maps to reflect City of Cle Vote 4-0 Elum annexations 16-01 Kittitas County Proposal: Amend KCC Title 12 to have Road Standards Require Second Access Similar and Consistent to International Fire Code, Exhibit A. Kittitas County Public Works Staff proposes amending KCC Title 12 to reduce the lot threshold for when a second access is required. After several years of negotiations and intensified discussions over the past ten years , staff recommends the following amendment to KCC 12.01.095 in order to be consistent with International Fire Code (IFC) standards. The number of lots permitted includes the total number of lots or units served by the entire private road system beginning at the nearest public road. The Board of County Commissioners held a public hearing on November 28,2016 and with a 2-1 vote, approved the proposal as presented finding that: I. The Planning Commission recommended approval to the Board of County Commissioners with a vote of4-0. II. Public testimony for this proposal was received before the Board of County Commissioners both in favor of and against for the road standard change. III. The changes in the Code will meet the nhjective to make fire road standards and puhlic road standards consistent. 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 4 December 6,2016 N. The changes in the Code will improve the health and safety for future development. v. The change meets the Growth Management Act and the objectives of the Comprehensive Plan. 16-02 Kittitas County Proposal: Amend KCC Section 14.04.020 to Recognize Private Recorded Easements when Evaluating Building Permits, Exhibit B. The Board of County Commissioners proposes amending KCC 14.04.020 related to minimum submittal requirements. The amendment would require the submittal of easements recorded with the Auditor with permit application documents so that such easements, whether public or private, would be recognized with the siting of the building. The Board of County Commissioners held a public hearing on November 28, 2016, to allow public testimony and approved the request as presented with a 3-0 vote fmding that: I. The Planning Commission recommended approval to the Board of County Commissioners with a vote of4-0. II. Public testimony for this proposal was received testifying against the proposal. III. The County has a responsibility to recognize identified easements. N. Easement documentations are the responsibility of the applicant and easements will have to be recorded with the Auditor. Y. The change meets the Growth Management Act and the objectives of the Comprehensive Plan. 16-03 Kittitas County Proposal: Amend Sections ofKCC Title 16 to Place Responsibility for Development of Open Spaces Upon the Developer and/or Land Owner, Exhibit C. Kittitas County Development Services proposes amending KCC Title 16 Subdivisions to place responsibility for development of open spaces upon the developer and/or land owner. The Board of County Commissioners held a public hearing on November 28,2016, opening the public hearing to allow public testimony. Hearing none, the Board of County Commissioners approved the request with amendment with a 3-0 vote finding that: I. The Planning Commission recommended approval to the Board of County Commissioners with a vote of4-0. II. No public testimony for this proposal was received. III. Language in the amendment needs to be added to allow flexibility for improvement of open space having improvements greater than $100,000 designed for the benefit of the residents. N. The language ofthe amendment as amended protects the Kittitas County public from carrying the burden of maintaining open space created by private developers. V. The change meets the Growth Management Act and the objectives of the County's Comprehensive Plan. 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 5 December 6,2016 16-04 Kittitas County Proposal: Amend KCC Title 17 to add Uses to the Use Table, Elimination ofthe Allowance of More than One Unit per Parcel, Exhibit D. Kittitas County Community Development Services proposes amending KCC Title 17 Zoning: Chapter 17.15 Allowed Use Table, Section 17.29.040.b, and Section 17.66.020 (includes related amendments in Title 12). The majority of these amendments are for allowance of uses that have been requested or noted as needed, but not explicitly listed in the Use tables. Staff recommends revisions for the following: • KCC Section 17.15.010 -typo correction for four (4) types of uses. • KCC 17.15, Allowed Use Table, and KCC 17.36, PUD zone, as follows: o Special caTe uni t-allow in Forest and Range, like allowed in Ag-20 o Dairv -prohibit in PUD (currently allowed with a CUP) o RV park -allowed with CUP in rural PUDs o Campground -allowed with CUP in rural PUDs o Agriculture enhanced uses -allow with restrictions o Animal boarding -allow horse boarding without CUP, within Working Lands o Manufactured Home Parks-allow in Urban Growth Areas and LAMIRD PUDs with a conditional use permit o Rural LAMIRD -allow same uses as in UGAs within a Planned Unit Development • KCC Section 17.29.040(b) and 17.31.040(3) -amend the Code to limit number of units in these zones to one (1) unit per parcel. • KCC Section 17.66.020 -delete "private" so "property owner." • KCC Section 12.14.010 and 12.14.020 -amend electric vehicle signage provisions in accordance with RCW 46.08.185. The Board of County Commissioners held a public hearing on November 28,2016 to hear public comments and after deliberation, the Board of County Commissioners approved the request with amendment with a 3-0 vote ftnding that: I. The Planning Commission recommended approval to the Board of County Commissioners with a vote of4-0. II. Public testimony for this proposal was received requesting the restriction in allowing "mobile" home park to not jeopardize rural character in the County. III. The additions of, and amendment to KCC Title 17 will provide additional opportunity for affordable housing and expanded rural economy. IV. Amendment of proposed language is necessary to limit "enhanced uses" in order to insure protection of the rural character of Kittitas County. V. The change meets the Growth Management Act and the objectives of the Comprehensive Plan. 16-05 Kittitas County Proposal: Amend portions ofKCC Chapter 17.13 to Exempt Affordable Housing Development from TDR Requirements, Exhibit E. U1ll1t:r 17.13, Tralls[t:rable Development Rights, transfer of development rights from a "sending site" is required to increase the density of a "receiving site" or a site that will allow a higher density than that permitted in the underlying zone. Under the proposed amendment, such density "credits" would 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 6 December 6, 2016 not be required if the thirty percent (30%) of the development upon the "receiving site" provides housing for families making less than eighty percent (80%) of established median income. The Board of County Commissioners proposes amendment to KCC Chapter 17.13 to exempt affordable housing development from Transfer of Development Rights requirements. The Board of County Commissioners held a public hearing on November 28, 2016 to receive any public testimony to the proposal. After deliberation of the proposal, the Board of County Commissioners approved the request as presented with a 2-1 vote finding that: I. The Planning Commission recommended approval to the Board of County Commissioners with a vote of 4-0. II. Public testimony for this proposal was received objecting to the proposal since it would allow for low cost housing in an area not suitable for such development. III. The amendment would encourage development upon land eligible for increased density that could result in provision of affordable housing. IV. The change meets the Growth Management Act and the objectives of the Comprehensive Plan. 16-06 Kittitas County Proposal: Amend KCC Chapter 17.70 to remove Political and Real Estate Signs from Being Exempt from a Necessary Sign Permit, Exhibit F. The Kittitas County Prosecutor proposes amending KCC Chapter 17.70 to remove the section that exempts political and real estate signs from obtaining a sign permit. This proposal is suggested in response to the U. S. Supreme Court ruling in Reed v. Town of Gilbert nUllifying the exemption of a sign to meeting an ordinance on the basis of the content message of the sign. The Board of County Commissioners held a public hearing on November 28, 2016, and after deliberation, the Board of County Commissioners approved the request as amendeded with a 3-0 vote finding that: I. The Planning Commission recommended denial of the proposal to the Board of County Commissioners with a vote of 4-0. II. Public testimony for this proposal was received against the proposal indicating it is an infringement on free speech. III. The proposed amendment removes signs being exempt solely because of their message content addressing the issues ruled upon by the United States Supreme Court. IV. The amended proposal allows exemption based upon its temporary nature instead of its content. V. The change meets the Growth Management Act and the objectives of the Comprehensive Plan. 2016 Docket Enabling Ordinance Ord. # 2016·023 Page 7 December 6, 2016 16-07 Kittitas County Proposal: Amend Kittitas County Comprehensive Land Use Tables and ZoninglPlan Maps, Exhibit G. Kittitas County Community Development Services proposes amending the Kittitas County Comprehensive Plan Table 2-1 and Kittitas County Zoning and Comprehensive Plan Maps to reflect the City ofCle Elum annexations of thirty-seven (37) acres. The Board of County Commissioners held a public hearing on November 28, 2016, opening the public hearing to allow public testimony. Hearing none, the Board of County Commissioners approved the request as presented with a 3-0 vote finding that: I. The Planning Commission recommended approval to the Board of County Commissioners with a vote of 4-0. II. No public testimony for this proposal was received. III. The amendment is necessary to accurately reflect the zoning and comprehensive conditions of the County. IV. The change meets the Growth Management Act and the objectives of the County's Comprehensive Plan. SECTION III -FINAL DECISION AND SIGNATURES BE IT ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves changes to road standards and requirement for second access, as shown in Exhibit A. BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves amendment to KCC Section 14.04.020 authorizing County staff to recognize all easements identified by applicants, as shown in Exhibit B. BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves amendments to KCC Title 16 placing responsibility of open space ownership upon residents, as shown in Exhibit C. BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves amendments to KCC Title 17 to include new uses on the Use Tables and limit the number of units on a single parcel, as shown in Exhibit D. BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves amendments to KCC Chapter 17.13 to not require Transferable Development Rights credits on developments providing affordable housing, as shown in Exhibit E. BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves amendments to KCC Chapter 17.70 in order to meet issues ruled upon by the United States Supreme Court regarding sign permits, as shown in Exhibit F. BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves amendment to the Comprehensive Plan Map and Comprehensive Plan Table 2-1, and amendment to the Zoning Map as shown in Exhibit G. 2016 Docket Enabling Ordinance Ord. # 2016·023 Page 8 December 6, 2016 NOW, BE IT FURTHER ORDAINED that the Board of County Commissioners, after due deliberation, hereby approves the adoption of the 2016 Amendments to the Kittitas County Code as shown in Exhibits A through G attached hereto and incorporated by reference. Information Services is hereby directed to make these changes to the development regulation on the County website. The Community Development Director and Prosecuting Attorney are authorized to correct any scrivener's errors without Board approval. Adopted this 6th day of December, 2016, at Ellensburg, Washington. ATTEST: CLERK OF THE BOARD APPROVED AS TO FORM: Neil Caulkins, Civil Deputy signing for Gregory L. Zempel Prosecuting Attorney 2016 Docket Enabling Ordinance Ord. # 2016·023 Page 9 ABSENT Commissioner Laura Osiadacz December 6, 2016 Exhibit A: Amendment 16-01 County Road Standard Requirements for Second Access 12.01.095 General Requirements. B. Second access requirements: A second access is required if more than ~O illliIW lots/units will use the private road. If the second access is restricted to emergency access only, it must meet or exceed the following requirements: 60!:fQQt easement, 2~foot roadway width, all-weather surface and a paved apron. Access restrictions such as gates or bollards must be approved by the Fire Marshall. If the second access is to be used for ingress and egress, it must meet the same standards of the first access. The number of lots calculation is based on the total number of lots or units served by the entire private road system, beginning at the nearest public road. 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 10 December 6, 2016 Exhibit B: Amendment 16-02 KCC Chapter 14.04 Authorizing County Staff to Recognize All Easements Chapter 14.04 BUILDING CODE Sections 14.04.010 Adoption of referenced codes. 14.04.020 General ~requirements. 14.04.030 Building relocation -Applicant. 14.04.040 Mobile, manufactured, designated manufactured and modular homes. 14.04.045 Recreational Vehicles and Park Model Trailers. 14.04.046 Other factory built dwellings. 14.04.050 Dry cabins. 14.04.055 Small Residential Structures. 14.04.060 Fees. 14.04.070 Permits. 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 11 December 6, 2016 14.04.020 General requirements. 1. Conflict between Codes: Whenever there is a conflict between a Referenced Code in Section 14.04.010 of this code and the General Requirements contained in Section 14 .04 .020 of this code, the General Requirements shall apply. 2. Table R301.2(1), Climatic and Geographic Design Criteria, of the International Residential Code, is amended as follows: GROU WIND DESIGN NO SNOW LOAD Spee Topograp Spec dd hic ial (mp efforts k wind h) regio nl Case 110 No No study Vult (min. 30 psf roon1 TABLE R301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA Wind born e debri 5 zone m No SEISMIC DESIGN CATEGO RYf C, DO, 012 SUBJECT TO WI NT DAMAGE FROM ER Weather Fros inga t Severe line dept hb 24" DESI GN Termit ~EMP ec Slight 2° F to Moder ate ICE BARRIER UNDERLAY MENT REQUIREDh Yes 11 All snow loads are site specific and shall be determined by the Building Official. 22 The seismic design category between C, DO and 01 will be determined on a site-specific basis. FLOOD HAZAR DSg Date Entered Into NFIP : 9/1979, Date of Current FIRM Maps Adopted: 5/5/1981 2016 Docket Enabling Ordinance Ord. # 2016-023 December 6,2016 Page 12 AIR MEAN FREE ANNUA ZING L INDEX; TEMPj 1,000-50°F 2,000 For SI: 1 pound per square foot = 0.0479 kPa , 1 mile per hour = 0.447 m/s. a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The weathering column shall be filled in with the weathering index, "negligible ," "moderate" or "severe" for concrete as determined from Figure R301 .2(3). The grade of masonry units shall be determined from ASTM C 34 , C 55, C 62, C 73, C 90 , C 129, C 145, C 216 or C 652. b. The frost line depth may require deeper footings than indicated in Figure R403 .1 (1). The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade. c. The jurisdiction shall fill in this part of the table to ind icate the need for protection depending on whethe r there has been a history of local subterranean termite damage. d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R301.2(4)A]. Wind exposure category shall be determined on a site-specific basis in accordance with Section R301 .2.1.4 . e. The outdoor design dry-bulb temperature shall be selected from the columns of 971/2 -percent values for winter from Appendix D of the International Plumbing Code. Deviations from the Appendix D temperatures shall be permitted to reflect local climates or local weather experience as determined by the building official. f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1 . g. The jurisdiction shall fill in this part of the table with (a) the date of the jurisdiction 's entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas), (b) the date(s) of the Flood Insurance Study and (c) the panel numbers and dates of the currently effective FIRMs and FBFMs or other flood hazard map adopted by the authority having jurisdiction, as amended . h.ln accordance with Sections R905.1.2 , R905.4.3 .1, R905 .5.3.1, R905.6.3 .1, R905.7.3.1 and R905 .B.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall fill in this part of the table with "NO." i. The jurisdiction shall fill in this part of the table with the 1 OO-year return period air freezing index (BF-days) from Figure R403.3(2) or from the 1 OO-year (99 percent) value on the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)." j. The ;urisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)." 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 13 December 6,2016 k. In accordance with Section R301 .2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall indicate "NO" in this part of the table . I. In accordance with Figure R301 .2{4 )A , where there is local historical data documenting unusual wind conditions, the jurisdiction shall fill in this part of the table with "YES" and identify any specific requirements . Otherwise, the jurisdiction shall indicate "NO" in this part of the table. m. In accordance with Section R301 .2.1.2.1, the jurisdiction shall indicate the wind-borne debris wind zone{s). Otherwise , the jurisdiction shall indicate "NO" in this part of the table . 3. Professional Preparation of Plans : Kittitas County shall require a Washington State licensed design professional , licensed under the provisions of RCW 18.08, WAC 308-12 (for Architects) or RCW 18.43 (for Engineers) to stamp, prepare or oversee the preparation of plans and calculations for buildings or structures when ANY of the following criteria are met but is not limited to the following: a. A building of any occupancy over 4,000 square feet. Exception : residential buildings that do not contain more than 4 dwelling units; farm buildings of any size associated with commercial agriculture; bUildings such as garages, sheds, barn or shelters for animals and machinery that are used in connection with or auxiliary to farm buildings, or in connection with or accessory to residential buildings of four dwelling units or less. b. Buildings containing five or more residential dwelling units. Exception: building s less than 4000 square feet. c. All log and timber frame structures and log and timber frame structural components. This includes any log or beam style trusses used in stick framed buildings. d. All structures located above 70-psf ground snow load that are regulated by the International Residential Code. e. All structures located above 50-psf ground snow load that are regulated by the International Building Code . 4. Permit application and construction plan submittal : All submitted construction documents must be of sufficient detail and clarity to indicate the nature and extent of the work proposed. The amount of detail required will vary, depending on the nature and complexity of the project. Additional documentation such as truss engineering, lateral and gravity calculations, energy code information , etc . may also be required . Building permit applications and drawings deemed incomplete by Kittitas County Community Development Services will not be accepted. The following are minimum submittal standards for construction drawings: a. Plans drawn to a minimum of 1/4" scale on minimum page size of 11" x 17". b. Plans must have clear and readable text. c. Permit application in compliance with RCW 19 .27 .095 and RCW 19.27.097. 5. Recorded easernen1s : The app li cant sha ll jdentlfr.a ll recorded easements on-the construction documents .submitled w!lh , the permit applioation . The pe rmit Slppli cation shall also in cl ude a copy of recQrded ea"sements al ong with th e si fe ola n as required by Sectloo R1 06.2 of the IRC. All existing easements. dghls-of"way , well protecti oQs zone s, etc , 'sha ll li>e IdentlfiedQll the site olao and GOnsidered for the placement of buildings , septic syste ms. ro ad wa¥S. and ot her infrastructure. The location ,of all easements on the site olan shall be the respensiblilty of IheapplicarrL 2016 Docket Enabling Ordinance Ord, # 2016-023 Page 14 December 6, 2016 Exhibit C: Amendment 16-03 KCC Title 16 Placing Responsibility of Open Space Ownership Upon Residents 16.05.20 Requirements. A. Whenever a binding site plan for an eligible project is proposed on a parcel of land for which neither a planned unit development or a building permit has been approved for the entire parcel, the following must be satisfied prior to recording: 1. A conceptual site plan shall be prepared in a form prescribed by the director which includes the following information (if appropriate to the project type): a. Maximum number of dwelling units permitted. b. Approximate size and location of all proposed buildings. c. Approximate layout of an internal vehicular circulation system, including proposed ingress and egress. d. Approximate location of proposed open space, including required landscaped areas,if any. e. Approximate location of parking areas. f. Location and size of utility trunk lines serving the site. g. Topography detailed to five-foot intervals. h. Location of water storage and fire hydrant location. i. Demonstrate that the requirements of Chapter 13.35, Kittitas County Code, Adequate Water Supply Determination, can be met or work voluntarily with Kittitas County to develop an authorized conservation easement, see section 16.08.061 B. The director shall consider, and base his decision to approve with or without conditions, deny or return the application on the following: 1. Conformance of the proposed site plan with any approved building permit or planned unit development and any conditions on a portion of the site, and with any applicable codes and ordinances, of the State of Washington and Kittitas County. The director sholl identify, to the extont feasible, conditions likely to be imposed on building permits related to dedication of right-of-way or open space, and tracts, easements or limitations which may be proposed or required for utilities, access, drainage controls, 2016 Docket Enabling Ordinance Ord. # 2016-023 December 6,2016 Page 15 sanitation, potable water supply, protection of sensitive areas or other unique conditions or features which may warrant protection of the public health, safety and welfare . Such preliminary conditions shall not be binding at the time of building permit approval. 2. The recommendations and comments of agencies having pertinent expertise or jurisdiction . 3. Proof that all lots or tracts created by binding site plan are approved for irrigation delivery by the appropriate irrigation entity or entities . 4. The director may require dedication of additional road right-of-way pursuant to criteria contained in Kittitas County Code. C. Additional documents shall be submitted as necessary for review and approval and may include a plat certificate , boundary survey, agreements, easements , covenants. D. The plan must be approved and signed in the same manner as a short plat. Prior to recording, the director shall verify the final plan and any attachments to determine whether the bind ing site plan is accurate and complete and complies with any conditions or approval. Approval of a binding site plan does not give the applicant a vested right to build without regard to subsequent changes in zoning or building codes or other applicable land use regulations prior to application for a building permit on the subject property. E.Qpen Space. All plats which Include open space shall contain approoriate plat notes to ensure the area will not ~Jur thersubdi ylded inlhe future . the use of the open space for thepurnose specified will continue in perpettli~. and the open soace wlll .be appropriately maintained to control noxious weeds and fire hazards . Theidentitied open space tracts shall be preportionatelyowned by tenants in the common . and retained by ,eacb home owner. and will be assessed . taxed. and foreclosed ,upon eaeh building lot not fulfilling their obligation . Open space lots shall na l be required to be transferred to the other lot owners to be held in common ownership so long as the lots are used for the purposes of agricultllral activ ities as that term is defin'ed by RCW 90 .58 .06S(2)(a ) or the lots are designated as -limber and forestlands according 10 RQW 84 33 . Open space lots created as a result of an Agricultural Plat shall not be required to be transferred to Ihe other lets owners to be held in common ownership. F. This requirement shall not apply to lots retained by the originallandowoer or subsequent landowner's) for the purpose of provid in g Improved recreational facilities serving the benefited parcels . For the purposes of this condition. improved recreational facilities shall be those which exceed $100,000 in value. G. Non-buildable Lots . Any lots ·created specifically for. ordomlnated .by . easements . roadways. stQrm water relentioD facililies . septic facilities or other purposes and as.a result are noo-bulldable shall be propo rt ionately owned by tenants in the common . and retain ed by each 1101]9 owner. and will be assessed. taxed . an d. foreclosed upon each building lot not fuifililng their obligation . 16,09,40 Development regulations, 1. Cluster plats , Conservation and Agricultural piats are subject to the following provisions: a. Notification Requirement. If appropriate , the final plat and all conveyance instruments shall contain the following notice : "The subject property is within or near existing agricultural or other natural resource areas on which a variety of activities may O(;(;UI lhal are nol compatible with residential development for certain periods of varying duration. Agricultural or other natural resource activities performed in accordance with county, state and federal laws are not subject to legal action as public nuisances. Kittitas 2016 Docket Enabling Ordinance Ord. # 2016-023 December 6, 2016 Page 16 County has adopted right to farm provisions contained in the Section 17 .74 of the Kittitas County Zoning Code." b. Compliance with County Development Regulations. Unless otherwise specified by this chapter, all development activities authorized through this chapter shall comply with all existing, applicable county development regulations, including but not limited to : subdivision ordinance, zoning code, shoreline master program , road standards, fire and life safety, critical areas, and floodplain development ordinance . In addition, Cluster Platting and Conservation Platting shall not be used prospectively in conjunction with the Kittitas County planned unit development zone (KCC Chapter 17.36). c. Applications. Applications shall be evaluated for the possible impacts to adjacent agricultural uses. Residential parcel densities allowed in rural and resource areas can have a significant impact on agricultural, forestry and mineral resource uses . Conditions may be placed on development proposals through the normal Kittitas County permitting authority, which protect agricultural lands from possible impacts related to incompatible land uses . d. Farmstead . The farmstead, including the pre-existing residential and assoc iated out buildings within the project boundary, will not be required to become part of a cluster of residences . e. Location . Clustered lots and Agricultural Lots shall be located within the project boundary in a manner that best recognizes the purpose and intent of cluster plats, conservation plats or Agricultural plats, including but not limited to, the location of the natural resource lands, critical areas as identified in KCC 17.A, purpose of open space, natural or topographical features serving as a functional division, etc. f. Access to Public Lands. Applications that included parcels which share property line boundaries with public lands which allow public use must maintain or enhance existing public access points . Maintained or enhanced public access points to public lands shall be in conformance with requirements as identified by federal, state, and local agencies having jurisdiction over said publ ic lands . Documentation demonstrating such shall be submitted as part of the project application. g. Open Space . All open space shall contain appropriate covenants and restrictions to ensure the area will not be further subdivided in the future , the use of the open space for the purpose specified will continue in perpetuity, and the open space will be appropriately maintained to control noxious weeds and fire hazards . 2. Ooen Space. All plals which include OPen space-shall oontain appropriate pial notes to ensure the area will not be furthe r subdivided in the future. the use of the open space for the purnose specified will continue in perpetuity. and the open space will be appropriately malntalned to control noxioUS weeds and fite hazards . The ldentilled open space ·tracts shall be proportionately owned by tenanls in the common . and reta ine<:! by each home owner. and will be assessed , faxed. and foreclosed UPon eaCh bui lding l otnot fulfilling their obligatIon . -DDen space lots shall not be required to be transferred 10 the other lot owners to be held in common ownership so long as the lois are used for the. puIJioses ,Qf ag ricultu ral acllylljes as that teon is defined by RCW 9Q.S8.065(2){a) or the lots are designated as limber and foresllands according to RCW 84.33 Opoo-space lots created as a result of an Agricultural Plat shall not be required to be transferred to the other lots owners to be held In comm0n ownership . 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 17 December 6, 2016 3. This regulrementshall not appjYJQ lots retained by the original landowner or subsequent landownerts) for the purpose of providing Improved recreatio nal facilities serving the benefited parcels; Eorth e pyrposes of this condition , imoroved recreational facllities shall be those which .exceed $100,000 in value . 4. ('{Jon-buildable Lots . Any lots created specffically for . or doniinated by. easements. roadways. stoan wafer retention facilities. septic facilities or o!he~ purp oses and as a result are non-buildable sball be proportionately owned by tenants in the common . and retained by each home owner. and will be assessed . taxed . and forecrosed upoo each building lot not fulfilling their otiligalioo . ~~. Cluster plats are subject to the following provisions: a. The cluster development does not exceed the density permitted by the zone in which the development is located ; b. The proposed cluster is not within one thousand three hundred twenty (1,320) feet between the lot lines of any other cluster or existing residential structure unless the residential structure(s) is part of the proposed development; c. The cluster development does not exceed six (6) residences per cluster; d. No residential dwelling within the cluster is further than one hundred (100) feet from another residential dwelling; and e. Sixty percent (60%) of the land outside of the cluster remains in contiguous open space in perpetuity . Open space in cluster plats shall be held in common ownership or maintained at existing land use or agricultural use. a.a. Conservation plats are subject to the following provisions: -a. The conservation development does not exceed the density permitted by the zone in which the development is located ; b. No conservation plat is adjacent to another cluster or conservation plat so that the total conservation development exceeds six (6) units unless the proposed developments are separated by an existing County road; c. In a residential development in a conservation plat , lots must be located adjacent to one another upon no more than fifty percent (50%) of the total property being divided. d. Seventy percent (70%) of the land outside of the conservation cluster remains in open space for resource use in perpetuity . Open space in conservation plats may either be held in common ownership, owned by a conservation entity, or remain in the ownership of the farmstead or resource parcel. +.. LAgricultural plats are subject to the following provisions: a. No Agricultural plat shall be adjacent to another cluster, conservation or agricultural plat so that the total development on the parcels within the adjacent plats exceeds 10 units; b. The agriculture development does not exceed the density permitted by the zone in which the agricultural land is located . c. The agricultural plat is necessitated or pursued for one or more of the following reasons: i. to accommodate housing for farm labor or farm family members; or 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 18 December 6, 2016 iL to implement an irrigation improvement; or iii. to create parcels of real property for financing purposes; or iv . to improve or increase agricultural efficiencies or dispose of property no longer useful to the agricultural activities; or v. to allow gradual or sequential platting as needed to ensure the economic viability of the farm's future ; or vi. to facilitate residential dwellings on acreages with varying sizes to allow "small" farms such as Community Support Agriculture (CSA), local farmer's market suppliers to exist in Ag and other zones while acres in excess of those purchased remain with original owner but carry nondevelopment status to meet the density of the underlying zone. d. Dwellings shall be located with the plat in a manner which secures the necessity of the plat as defined in 4(c) above and in a manner which does not adversely impact productive farmland or on-or off- site agricultural activities . The possibility that lots and dwellings may be located where they are impacted by dust, irrigation water, or agricultural treatments or chemicals, or will encourage trespass, or will interfere with the movement of agricultural vehicles or livestock, or may be adversely impacted by noise or odor, should be minimized. All lots shall have a notation on the face of the plat or a deed restriction that runs with the title that provides notice that the lot is located in an area where agricultural activities occur and may impact lot owners' use and enjoyment of their property. e. Lots smaller than two acres and, for all lots, home sites and facilities that support the residential development, such as onsite waste disposal systems, residential units shall be located on lands with poor soils or otherwise not suitable for agricultural purposes . 16.12.030 Existing conditions. Unless otherwise indicated, the following shall be shown on the preliminary and final drawings. 1. Contour lines at intervals of five feet for slopes less than thirty percent, and ten feet for slopes over thirty percent at preliminary review only, or the use of USGS maps to represent elevations and slopes at preliminary review may be used and where such maps are utilized at preliminary review they must be verified by Contour lines of five feet for slopes less than thirty percent and ten feet for slopes over thirty percent at final review. 2. Location, width and type of all roads, streets, alleys, easements, and rights-of-way on and adjacent to the proposed subdivision . 3. Location of all existing ditches apparent or of record , marshes, areas subject to flooding, and the direction of flow of all water courses, as required by KCC 17A.05.015. 4. Existing uses of the property, including the location and nature of all acreage, fences and/or other structures. 5. Any additional information deemed necessary by Kittitas County. 6. The total acreage and number of lots included within the subdivision shall be indicated on sheet one of the plat. 7. ~(ijB,*-fiF 88m lRislfati¥e se~re~Rs , 9,Une soil log shall be performed and information recorded for each lot within the proposed subdivision . Soil logs shall be in accordance with chapter 246-272A WAC . ( Ord. 2010- 014,2010; Ord. 2005-31 , 2005) 2016 Docket Enabling Ordinance Ord. # 2016·023 Page 19 December 6, 2016 16.12,040 Comprehensive plan and zoning regulation confonnance. All proposed subdivisions aRO aemiflistre1i!f9 69_~r8§~ shall conform -to the county comprehensive plan and all applicable 1.oning regulations in effect at the time they are submitted for approval. Lots shall be of suffiolent area, width and length to satisfy zoning requirements , or, where ~onlng controls do not apply, to satisfy the minimum he alth and sanitation requirements of the county health department. Chapter 16.12 PRELIMINARY PLATS "DESIGN STANDARDS 16 .12.040 Comprehensive plan and zoning regulation conformance. 16.12 .060 Open space and non-buildable lois . 16.12.090 Lot size. 16 .1 2.110 Required easements . 16.1'2.060 Open space and non-buildable lo (s. 1. Open Space . All plals whiGb include open space shall' contain approoriate plats notes to enSUre the area will not be further subdivided In the1ulure . Ihe useef the open space for the pumose specified will continUe in oerpetultv,. and 1heppen space Will -be aopropriately maintained to control noxious· weeds and fire hazards . The identified open space traets shall be proportionately owned by teoants in the common . and retained by each homeowner. and will be assessed. taxed. and foreclosed upon each building lot nol fulfi lling their obligation. Open space lots shall nol be required 1600 transferred to ·the other lot owners to be held in common ownership .so;lQog as the lots are used furth'e purposes of agdcullural activities as that term is deflnedby RcW 90.58 .065(2)(a) or the loIs are deSignated as timber and forestlands ~.rQing to_RCW 84 .33. :Open space.Jots oreated as a result of. an Agricultural Plat shall not be required to be transferred to the other lots owners to be held inoommo n ownership. 2. Thls requirement sha ll not apply to lois retained by the odglnallandowner or subsequent landowner's) for the /.l.I.UJJQse Of: providing imp roved !'§Creational facilltles seNlng the benefited parcels. For the oUrposes of ~_ condition . Improved re0reatiQoai facilities shall be those which exceed $1oo,QOO in value . a,. 3,Nbo-bulldab le Lots. Any lots created soecifically for . or dominated by. easements. roadways. storm water retentiQn facilities. septic facilities or other purposes and as a result are non-buildable sball be RfQJ)ortionatelV owned by tenants in the common. and (etained by each home owner. and will be assessed. taxed . and foreclosed upon each bUliding lot not fulfilling their obligation. 16.20.050 Dedications, easements, alleys. No plat shall be approved unless adequate provision is made in the subdivision for such drainage ways. roads, alleys, ease menls , and oth er general pu rposes as ma y be requi red to prQtect the public he alth , safely, and welfare. 1. De dicatio ns -Shown 00 Plat. All dedications of land sh all be cl early and precisely indi cated on the face of the plat in the order listed in Sections 16.24.070 through 16.24.140. 2. Protective Improvements. Protective improvements and easements to maintain such improvements shall be dedicated . (Ord. 2005-31, 2005) 3. Opel) Space. All olals which ' include aDen space shall contain approprtate plats nOtes Ie ensure-the area will not be further subdjvided in the future . the use of the open soa-ce for the pumosespecified will contjnue in ooroetuitv. and the OOOIl spare will be aporopriately maintained to control noxious weeds and iire bazards. The Identified open space tracls shall be proportionately owned by tenants In the common. and retained by each home ewner, and will be assessed . taxed, and foreclosed upon each building lot hOt fulfilling their obligation . Qpen space lots shelll IIU! be required to be transferred to the other lot owners to be held in common owners hiD so long as the IbIs are Used for the purposes of agricultural activtlies as that term is defined by RCW 2016 Docket Enabling Ordinance Ord, # 2016·023 Page 20 December 6, 2016 9O.58 .065(2)(a) or the lots are designated as timber and for.esllands according to RCW 84.33 . Open space lots erealedas a result.of an Agricultural Plat shall nol be required to be transferred to the other lots owners to be held in common ownership . 4. This requitemeot Shall 001 apply to lots retained by the originallandoWJ)er or subsequent laodowner(s) for the purpose of providing improved recreational facilities serving the benented carpels. For the purooses of th is conditioo . Imoroved recreational faeHtlies shall be those which exceed $1 oo ,oob In value. ~ 5. Non-bUildable Lots. Any lots created specifically for. or dominated by. easements . roadways . storm water oe!=g/ie~~%:' i~e:!CCf:~:.~n~t~efain:bi!ac£:onie~~!irarr£VMl::~~:~~~xoe~~~ooately foreclosed upon eaCh bliUding 101 not fulfilling their obligation . 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 21 December 6, 2016 E xhibit D: Amendmen t 16-04 KCC Title 17 To Include New Uses in Use Tables And Limit Number of Units on a Single Parcel 17.08.0 34B Ag ricultu ra l enhanGed uses. (AE Ul ·'.AgricuHural enhanced uses rAEU)' refers \0 a use that is accessory to a working farm.-approved winery. distillery . cider hOl1se or breW¢ry or any agdcultura! horticultural DC agribusiness operalionthat is open ' lo the pubUc for the purpose of enjoyment. educa!ioo ,-'Or active invol v§meot in the activities of the agdcullural operation. These activities must be related to agriculture H~il ~rf9ijltli~1 pftil€lW!lt6 ~rQWfi @f Jil~eo @R site; and inoiden1a110 the pdmary opera lion on the stle. The re taiisalElS Qf agricultural related products is coosidered accessory and subordinate to the agric ultural operation when the products sold are grown or produced 00 site. AEUs may alsa include, but are not limited to , 8atiR~ aRe feQQ pr9fJ!lraij8R fQslli~ie8 wi\A 81fQRt fas+litieB fer Be~iRarB €IF@1119r 688iel ~atherIR!tB aR8 SilGR accesSQry seasonal uses such as tatm tours, hayddes . Gam mazes . pumpkin patches. classes related to agriCUltura l prMllcJ£.or~kills. picnicaod Q?1jy facilities offered in conluncti0o wilh the above and slmilar uses. 17.08.561 Winery. Winery" means a facility where fruit or other products are proces sed (Le" cr ushed , ferm ented, decanted , stored, bottled and shipped) into wine. This may include the sale of wine and limited Clncilla ry item • tOUrist facili ties , or tasting rooms , 17.' 5.010 Categor ies of uses established Th is chapter establishes permitted, perm itte d admin istra tive , administrafl ve condi tio nal use and conditional uses, by zon e, fo r all properties within Kittitas Count y. All use s in a given zo ne are one (1) of tRAJ8 (3) ~ types : 1. Perm itted Use. Land ,uses allo wed outright with in a zone classificatio n and subject to prOvi si ons within the Kittitas County Code, 2. Permitted Administrative Use , Land uses which may be perm itted within a zone classification following review under the provisions of KCC Chapter 17.608. 3, Administrative Conditional Use. Land uses which may be permitted within a zone classification following review under the provisions of KCC Chapter 17 .60A. 4. Conditional Use . Land uses which may be permitted within a zone classification following review and hearing under the provisions of KCC Chapter 17 .60A. 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 22 December 6, 2016 17.15.050 Allowed Uses in Resource Lands. 17.15.050.1 Resource Use Table P Permitted PA Permitted Administrative CU Conditional Use ACU Admin. Conditional Use 'See KCC Chapter 17.08 Definitions A. Agriculture Animal boarding* Aaricultural Enhanced Uses* Agriculture processing* Agriculture production* AQriculture sales*, Produce Farm Agriculture sales Dairy Feedlot* Grazing* Marijuana Processing* Marijuana Production* Marijuana, retail sales* Nurseries Riding academies Small-scale event facility* U-Pick/U-Cut Operations* Farm Visit* B. Civic Cultural Uses Cemetery Clubhouses , fraternities and lodges* Cultural and educational facilities Libraries Meeting_ facilities Museums and galleries Religious institutions* School, public or private* C. Commercial Auction sales of non-agriculture products Bank Bed and breakfast* Clinic* Day care facilities* Funeral home/mortuary Hospital* Hospital, animal or veterinary* Hotel/motel 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 23 Resource Commercial Commercial Agriculture Forest ~P P P30 , P30 CU 17 P P p16 / AC28 CU CU CU CU CU P P P CU AC25/ CU AC29 AC29 AC29 Commercial Commercial Agriculture Forest p13 AC24 CU CU12 Commercial Commercial Agriculture Forest I AC December 6, 2016 P Permitted PA Permitted Administrative CU Conditional Use ACU Admin. CondiUonal Use 'See KCC Chapter 17.08 Definitions Office* Restaurant Retail sales, * general Retail sales: lumber and building materials Retail sales: vehicles and equipment Services Shootin g range Taverns Temporary sales office Vehicle/equipment service and repair" D. Industrial Ai~port Asphalt/concrete plants Forest product processing " (portable) Forest product prooosslng* (permanenL) Freighting and trucking yard or terminal* Hazardous waste stofag~ Hazardous waste treatment* Impound/lowing yatd~ JunkyarQ" ManufaclurinQ* Mini-warehouse Refuse disposal/recyCle" Research laboratories Wastewater treatment Warehousing and distribution Wholesale business E. Recreation Campground* Golf course* Guest ranch or Guest Farm* 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 24 Resource Commercial Commercial Agriculture Forest CU 23 CU 23 P 22 Commercial Commercial Agriculture Forest P 20 P 21 P CU CU CU PA 27/ CU 26 Commercial ~ommercial Agriculture ~orest CU 18 CU December 6, 2016 P PermUted PA Permitted Administrative CU Conditional Use ACU Admin. Conditional Use 'See KCC Chapler 17.08 Definitions Parks and playgrol,Jnds Recreation , indoor* Recreation , outdoor* Recreational vehicle slorGlg.e Stadium Trails F. Residential Accessory dwelling unit' Accessory living quarters~ Adult famity home' Boarding house Convalescent home Dwelling , slngle-fc;lmilY- Dwelli ng, two ·fanlily * Dwelli ng, multiple-famjl.t Farm labor shelter' Groll.!! home* Home occupation Manufactured home* Manufactured home Dark Mobile home Special care dwelling· Temporary trailers G. Resource Forestrt Forest product sales' Mining and excavation' Rock crushing" H. Utilities and Public Facilities Electric vehicle infrastructure* 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 25 Resource Commercial Commercial Agriculture Forest P 15 P 18 PA PA Commercial Commercial Agriculture Forest p4 P2 P1Q IP 10 P p P CUZ pa p~ P P p6 p6 p7 p7 P 11 P11 Commercial Commercial Agriculture Forest P P p CU 14 P p Commercial Commercial Agriculture Forest p3 iP 3 December 6,2016 P Permitted Resource PA Permitted Administrative Commercial Commercial CU Conditional Use Agriculture Forest ACU Admin. Conditional Use 'See KGG Cha{)ler 17.08 Definitions Public facilities' PA 19 PA 19 Utilities P 1/ACU 1/CU 1 P 1/ACU 1/CU 1 Watershed management activities* PA PA 17.15.050.2 Footnotes Associated with Resource Use Table. 1. Pursuant to KCC Chapter 17.61, Utilities. 2. Provided: a. The shelters are used to house farm laborers on a temporary or seasonal basis only, regardless of change of ownership, if it remains in farm labor-needed status; b. The shelters must conform with all applicable building and health regulations; c. The number of shelters shall not exceed four (4) per twenty (20) contiguous acres of land area; d. The shelters are owned and maintained by the owner or operator of an agricultural operation which clearly demonstrates the need for farm laborers ; e. Should the parent agricultural operation cease or convert to non-agriculture use, then the farm labor shelters shall conform with all applicable buildings and health regulations. 3. Pursuant to KCC Chapter 17.66, Electric Vehicle Infrastructure. 4. Subject to the following requirements: a. ADUs shall be allowed as a permitted use within designated UGAs; b. ADUs shall be subject to obtaining an Administrative Use permit in areas outside UGAs; c. Only one ADU shall be allowed per lot; d. Owner of the property must reside in either the primary residence or the ADU; e. The ADU shall not exceed the square footage of the habitable area of the primary residence; f. All setback requirements for the zone in which the ADU is located shall apply ; g. The ADU shall meet the applicable health department standards for potable water and sewage disposal; h. No mobile homes or recreational vehicles shall be allowed as an ADU; i. The ADU shall provide additional off-street parking ; j. An ADU is not permitted on the same lot where a special care dwelling or an Accessory Living Quarters exists . k. An ADU must have adequate acreage to meet maximum density within the zone classification. 5. Subject to the following requirements: a. Accessory Living Quarters shall be located within an owner occupied primary residence; b. Accessory Living Quarters are limited in size to no greater than fifty percent (50%) of the habitable area of the pr imary residence; c. The Accessory Living Quarters are subject to applicable health district standards for water and sewage disposal; d. Only one (1) Accessory Living Quarters shall be allowed per lu[; e. Accessory Living Quarters are to provide additional off-street parking; 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 26 December 6, 2016 f. Accessory Living Quarters are not allowed where an Accessory Dwelling Unit or Special Care Dwelling exists. 6. As of September 1, 1998, mobile homes are no longer allowed to be transported and placed within Kittitas County. Those units presently located in Kittitas County that are to be relocated within Kittitas County must have a fire/life inspection approved by the Washington State Department of Labor and Industries. 7. Subject to the following requirements: The Special Care Dwelling must meet all setback requirements for the zone in which it is located; a. The Special Care Dwelling must meet all applicable health department requirements for potable water and sewage disposal; b. Placement is subject to obtaining a building permit for the manufactured home; c. Owner must record a notice to title prior to the issuance of building permit which indicates the restrictions and removal requirements; d. The Special Care Dwelling unit cannot be used as a rental unit; e. The Special Care Dwelling unit must be removed when the need for care ceases; f. A Special Care Dwelling is not permitted on the same lot where an Accessory Dwelling Unit or Accessory Living Quarter exists. 8. No sign advertising a home occupation shall exceed sixteen (16) square feet in size. Home occupations with no outdoor activities or noise are permitted; home occupations with outdoor activities or noise are a conditional use. In-home daycares shall be limited to no more than six (6) individuals receiving care in a twenty-four (24) hour period. 9. Maximum of four (4) boarders and two (2) bedrooms dedicated to the use. 10. Pursuant to RCW70 . 128.140. 11. When used for temporary occupancy for a period not-to-exceed one (1) year related to permanent home construction or seasonal/temporary employment. 12. Existing schools are permitted; new schools require a conditional use permit. 13. No new cemeteries. Existing cemeteries may expand or enlarge in compliance with applicable standards and regulations. 14. Noncommercial sand and gravel excavation is permitted for on-site use without a conditional use permit. 15. Washington State Natural Area Preserves and Natural Resource Conservation Areas are permitted outright. 16. When located no more than forty-five (45) feet from the centerline of the public street or highway and selling goods produced on site. 17. Hay processing and small-scale processing of agricultural products produced on the premises are permitted outright. 18. Limited to dispersed recreation and recreational facilities such as primitive campsites . 19. Pursuant to KCC Chapter 17.62 , Public Facilities Permits. 20. When used primarily in conjunction with agricultural activities. 21. For emergency and forest related management uses and practices only. 22. Limited to farm implement repair and maintenance. 23. Structures and facilities associated with the operation of shooting ranges are permitted and subject to all associated Kittitas County building codes and regulations. Shooting ranges may be operated in conjunction with other permitted or conditional uses for the specified zone. Shooting ranges are subject to periodic inspection and certification as deemed necessary by the Kittitas County Sherifrs Depalilllellt. In considering proposals for the location of shooting ranges a detailed site plan shall be required; the Hearings Examiner's review of said site plan and the proposal as a whole shall include, but not be limited, to the following criteria: 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 27 December 6,2016 a. The general health , safety , and welfare of surrounding property owners, their livestock, their agricultural products, and their property . b. Adherence to the practices and recommendations of the "NRA Range Sourcebook." c. Adherence to the practices and recommendations of the "EPA Best Management Practices for Lead at Outdoor Shooting Ranges." d. Proposed shooting ranges in areas designated as agricultural land of long-term commercial significance shall comply with RCW 36.70A.177(3) as currently existing or hereafter amended, and shall be limited to lands with poor soils or those unsuitable for agriculture . 24. Limited to facilities that serve traditional rural or resource activities (such as granges). 25. Use shall not exceed 10,000 square feet and no more than eight (8) events shall occur within a calendar year . 26 . Existing facilities are permitted; new facilities require a conditional use permit. Limited to agricultural products. Excludes controlled atmosphere and cold storage warehouses. 27. Limited to seasonal, non-structural hay storage . 28 . An administrative conditional use permit is required when enhanced agricultural sales or sales of goods produced offsite are provided and/or when the farm stand is located more than forty-five (45) feet from the centerline of the public street or highway . 29. When enhanced agricultural sa les are prov ided. 30. Agricultural Enhanced Uses .which Include eating .and drinking es[abllsbmenls...andlor eY.eri1.facJ.ljlies (br seminars or othe r social gatheriogs are limited to '4.0GO 'square feet of tota l indoOr Hoor area. 2016 Docket Enabling Ordinance Ord. # 2016·023 Page2S December 6, 2016 17.15.060 17.15.000.1 Allowed Uses in Rural Non-LAMIRD lands P Permitted Rural Non-LAMIRD PA Permitted Administrative Rural CU Conditional Residential Use ACU Admin. Conditional Use • See KCC A!iJ 549 Chapter 17.08 Definitions A. Agriculture Agricultural Enhanced Use~' Animal boarding* GY=~ Agriculture CU 23 processing* Agriculture 1"24 production* Farm Stand,* 1"22 / ,tiC 51 Agriculture CU Sales,* Dairy CU 2016 Docket Enabling Ordinance Ord. # 2016·023 Page 29 Rural Working Rtl ral 549 Ag 2049 p55 f GY=f- CU23 p I" P22 / AC 51 P22/ ACS1 CU CU CU Rural Rural Recreation Residential & Rural Recreation Forest & Master General Rural PUD Range Planned Commercial Recreation E p55 QFE, CU CU CU" P 1"24 p 24 p24 P 24 p24 1"22/ AC51 1"22 / AC 51 P P22/ AC51 P22 / AC 51 P CU CU CU CU ~ . December 6,2016 P Permitted Rural Non-LAMIRD PA Permitted Administrative Rural CU Conditional Residential Use ACU Admin. Conditional Use * See KCC Ag 549 Chapter 17.08 Definitions Feedlot* Grazing* P Marijuana processing* Marijuana production* Marijuana, retail sales* Nurseries P Riding CU academies Small-scale AC4S~U event facility* U-PicklU-Cut PI AC51 Operations* 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 30 - Rural Working Rural 549 Ag 20 49 CU P P P CU AC45/CU AC45/CU CU P / AC51 Rural Rural I Recreation Residential J & Rural Recreation F0rest & Master General Rural PUD I Range Planned Commercial Recreation I I CU H P P P P P I J I / CU H P CU CU CU AC45/CU P / AC51 CU ------'------- December 6, 2016 P Permitted Rural Non-LAMIRD PA Permitted Administrative Rural CU Conditional Residential Use ACU Admin . Conditional Use • SeeKCC ~S49 Chapter 17.00 Definitions Farm Visit CU A~ 551 B. Civic Uses/Community Services Cemetery 1"21 ClubhOlfses, AC 44 fraternlt'les aM lodges· Cultural and education facilities Libraries Meeting facilities Museums and 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 31 Rural Working RI!JI'al 549 AIj} 20 49 CU AC51 RI!Hial551 A!jj20 51 p 21 1"21 AC44 AC3 CU3 Rural Rural Recreation Residential & Rural Recreation I Forest & Master General Rural PUD Range Planned Commercial Recreation ACS1 CU CU CU p52 Forest & Master General Rural PUD Ran!!le Planned Commercial Recreation CU* AC35 AC AC P p I CU p CU December 6,2016 P Permitted Rural Non-LAMIRD PA Permitted Administrative Rural CU Conditional Residential Use ACU Admin. Conditional Use • See KCC AS} 549 Chapter 17.08 Definitions galleries Religious CU institutions Schools , public p25 or private' Ag 551 C. Commercial Auction sales of non-agriculture products Bank Bed and AC breakfast' Clinic' Day care 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 32 Rur-a15 49 I Rural 551 AC Rural Rural Rural Working Recreation Residential & Rural Recreation A{!l2(;)49 Forest & Master General Rural PUD Range Planned Commercial Recreation CU CU CU CU CU p25 CU CU Ag 20 51 Forest & Master General Rural PUD Range Planned Commercial Recreation CU CU AC AC" AC December 6, 2016 P Permitted Rural Non-LAMIRD PA Permitted Administrative Rural CU Conditional Residential Use ACU Admin . Conditional Use • See KCC ~§49 Chapter 77.08 Definitions facilities" Funeral home/mortuary Hospital" Hospital, animal or veterinary" Hotel/motel Office" Restaurant Reta il Sales l * gene_raj Retail sales ,' lumber and building materials Retail sales," 2016 Docket Enabling Ordinance Ord. # 2016·023 Page 33 RUfal5 49 Rural Rural Rural Working Recreation Residential & Rural Recreation Ag 20 49 Forest & Master General Rural PUD Range Planned Commercial Recreation CU CU CU6 I I p17 CU36 P CU CU CU36 P CU18 CU18 December 6,2016 P Permitted Rural Non-LAMIRD PA Permitted Administrative Rural CU Conditional Residential Use ACU Admin. Conditional Use • SeeKCC Ag 549 Chapter 17.08 Definitions vehicles Services I Shooting range* Tavern Temporary sales office Vehicle I" 16 /equipment service and repair' Ag5 51 D. Industrial Airport' CU Asphalt/CaRerete 2016 Docket Enab li ng Ordinance Ord. # 2016-023 Page 34 Rural 549 Rural 551 .. Rural Rural Rural Working Recreation Residential & Rural Recreation Ag 20 49 Forest & Master General Rural PUD Range Planned Commercial Recreation I P 20 CU50 CU31 CU"31 CU31 CU36 P CU P P 16 CU36 P 42 p42 Ag 20 51 Forest & Master General Rural PUD Range 51 Planned Commercial Recreation CU CU CU CU CU CU37 December 6, 2016 P Permitted Rural Non-LAMIRD PA Permitted Administrative Rural CU Conditional Residential Use ACU Admin. Conditional Use • See Kee ~549 Chapter 77.08 Definitions plants Forest product P processing* (portable) Forest prodoot processing* (permanent~ Freighti~ and truckins yaR!l Cilf terminal- Hazardous waste storage* Hazardous waste treatment* Impound/towing yard* Junkyard* 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 35 I Rural Rural Rural Working Recreation Residential & Rural Recreation Rural 549 Ag 20 49 Forest & Master General Rural PUD Range Planned Commercial Recreation p CU CU 35 CU CU * . December 6,2016 P Permitted Rural Non-LAMIRD PA Permitted Administrative Rural CU Conditional Residential Use ACU Admin. Conditional Use • See KCC Ag 549 Chapter 17.08 Definitions Manufacturing* Mini-Warehouse Refuse disposal /recycle* Research laboratories Wastewater treatment Warehousing I'A47 and distribution Wholesale business Ag 551 E. Recreation 2016 Docket Enabling Ordinance Ord.1I2016 -023 Page 36 I Rural 549 PA47 RUfal5 51 Rural Rural Rural Working Recreation Residential & Rural Recreation Ag 2Cl49 Fo rest & Master General Rural PUD R!¥1g e Planned Commercial Recreation I I I CU14 CU 19 I I PA47/CU46 PA47 I Ag 20 51 F0Fest & Master General Rural PUD I I Range51 Planned Commercial Recreation December 6,2016 P Permitted Rural Non-LAMIRD PA Permitted Administrative Rural CU Conditional Residential Use ACU Admin. Conditional Use • SeeKCC AgJ §49 Chapter 17.00 Definitions Campground" CU12 Golf course" CU Guest ranch or CU guest farm" Parks and P playgrounds" Recreation, indoor* Recreation, AC outdoor" Recreational CU vehicle park* Recreational vehicle storage Stadiums Trails PA 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 37 Rural Working R1!Jral5 49 Ag 20 49 CU12 CU12 CU CU CU CU P 1"3 AC CU CU PA PA Rural Rural Recreation Residential & Rural Recreation Forest & Master General Rural PUD Range Planned Commercial Recreation CU12 P54*' CU13 CU12 CU12 Cll CU" CU CU CU" CU P P P P P P CU CU p26 CU AC AC AC p26 . CU CU CU CU p26 PA PA PA PA PA December 6,2016 P Permitted Rural Non-LAMIRD PA Permitted Administrative Rural CU Conditional Residential Use ACU Admin. Conditional Use * See KCC A!!J 549 Chapter 17.08 Definitions Ag5 51 F. Residential Accessory 1",&.27 dwelling unitt Accessory living p28 quarters· Adult family p41 home* Boarding house Convalescent home Dwelling, single-1'33 family' Dwelling, two-I" family' 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 38 Rural Working lWfal549 ~2049 RIJfal5 51 Ag 20 51 ",A27 PA27 p28 P 28 p41 p41 CU29 CU p40 I" 1"3 Rural Rural Recreation Residential & Rural Recreation Forest & Master General Rural PUD Range Planned Commercial Recreation Forest & Master General Rural PUD Range S1 Planned Commercial Recreation PA27~ PA27 PA27 p28 H p28 P 28 p28 p41 p41 p41 p41 p41 CU29" CU" P 34 p1 PA2 P P I" 34 p1 CU P --------- December 6, 2016 P Permitted Rural Non-LAM IRD PA Permitted Administrative Rural CU Conditional Residential Use ACUAdmin . Conditional Use * SeeKCC Ag 549 Chapter 17.0& Definitions Dwelling, multiple-family· Farm labor CU4 shelter· Group home· CU Home P/CU5 occupation * Manufactured P home· MamJfa(;;tured hom e !lar k Mobile home 1"38 Special care 1"30 dwelling* Temporary trailer fil 7 ~551 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 39 Rural Working Ru ral 549 ~2Q49 CU4 CU P1CU5 P/CU5 p P 1"38 I" 30 P 30 1"7 1"7 Rl.lra l551 Ag 20 51 I Rural Rural I Recreat ion Residential I & Rural Recreation F0I'6st & Master General Rural PUD Raflge Planned Commercial Recreation P 1 P CU4 ** CU P/CU 5" P/CU5 P/CU5 P/CU5 p" P PA2 P P p 34 E.~ CU 30 P30 p 7** p7 p 7 p 7 p 7 Forest & Master General Rural PUD December 6, 2016 P Permitted Rural Non-LAMIRD PA Permitted Administrative Rural CU Conditional Residential Use ACU Admin . Conditional Use • See KCC Ag 549 Chapter 17.08 Definitions G. Resource Forestry" P Forest product sales" Mining and CU excavation" Rock crushing" Ag5 51 H. Utilities and Public Facilities Electric vehicle p32 infrastructure' Public facilities' PA53 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 40 Rural Work ing Rural 549 Ag 20 49 P P CU39 CU CU39 Rural 551 Ag 20 51 p 32 P 32 PA53 PA53 Rural Rural Recreation Residential & Rural Recreation r0rest & Master General Rural PUD Range Planned Commercial Recreation , j Range 51 Planned Commercial Recreation 1 p34 p p34 J p34 I F0rest& Master General Rural PUD I Ral'lge 51 Planned Commercial Recreation I P 32 p 32 P 32 p 32 P 26 PA53 PA53 PA53 PA53 PA53 December 6, 2016 P Permitted Rural Non-LAMIRD PA Permitted Administrative Rural CU Conditional Residential Use ACU Admin. Conditional Use • See KCC Ag 549 Chapter 17.08 Definitions Utilities P 9/ACU9/CU 9 Watershed PA management ! activities* 1 2016 Docket Enabling Ordinance Ord. # 2016·023 Page 41 Rural Working RwFal5 49 Ag 20 49 P 9/ACU9/CU 9 P 10 IACU 10 ICU 10 PA PA Rural Rural Recreation Residential & Rural Recreation Forest & Master General Rural PUD Range Planned Commercial Recreation P 9/ACU9/CU 9 P 11/ACU11/CU 11 P 9/ACU9/CU 9 P 9/ACU9/CU 9 P9/ACU9/ CU9 PA PA PA PA December 6, 2016 17.15.060.2 Footnotes Associated with Rural Non-LAMIRD Use Table. 1. Provided use is integrated into and supports the on-site recreational nature of the master planned resort and short-term visitor accommodation units constitute greater than fifty percent (50%) of the total resort accommodation units. 2. No new residence shall be permitted except that related to the business or enterprises allowed in this zone such as janitor or night watchman. Any such residence shall meet the requirements of the residential zone . 3. Not permitted in the Agriculture Study Overlay Zone . Clubhouses, fraternities and lodges limited to facilities that serve traditional rural or resource activities (such as granges). 4. Provided: a. The shelters are used to house farm laborers on a temporary or seasonal basis only, regardless of change of ownership, if it remains in farm labor-needed status; b. The shelters must conform with all applicable building and health regulations; c. The number of shelters shall not exceed four (4) per twenty (20) contiguous acres of land area; d. The shelters are owned and maintained by the owner or operator of an agricultural operation which clearly demonstrates the need for farm laborers; e. Should the parent agricultural operation cease or convert to non-agriculture use, then the farm labor shelters shall conform with all applicable buildings and health regulations. 5. No sign advertising a home occupation shall exceed sixteen (16) square feet in size . Home occupations with no outdoor activities or noise are permitted; home occupations with outdoor activities or noise are a conditional use. In-home daycares with six (6) or fewer individuals receiving care in a twenty-four (24) hour period are permitted; in-home daycares with seven to twelve (7-12) individuals receiving care in a twenty-four (24) hour period require a Conditional Use Permit. 6. Provided short-term visitor accommodation units constitute greater than fifty percent (50%) of the total resort accommodation units. 7. When used for temporary occupancy for a period not-to-exceed one (1) year related to permanent home construction or seasonal/temporary employment. 8. Public transportation deadhead stations permitted; passenger terminals are a Conditional Use. 9. Utilities are defined and regulated by KCC Chapter 17.61, Utilities. 10. Utilities are defined and regulated by KCC Chapter 17.61, Utilities. Not permitted in the Agriculture Study Overlay Zone . 11 . Utilities are defined and regulated by KCC Chapter 17.61, Utilities. Limited to the capital facilities, utilities, and services necessary to maintain and operate the master planned resort . 12 . In considering proposals for location of campgrounds, the Board shall consider at a minimum the following criteria: a. Campgrounds should be located at sufficient distance from existing rural residential/residential development so as to avoid possible conflicts and disturbances; b. Traffic volumes generated by such a development should not create a nuisance or impose on the privacy of nearby residences or interfere with normal traffic flow; c. Landscaping or appropriate screening should be required and maintained where necessary for buffering; d. Adequate and convenient vehicular access, circulation and parking should be provided ; e. Public health and safety of campers and those reasonably impacted hy the campground (i.e. health, water, sanitation). 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 42 December 6,2016 13. Campgrounds and Recreational vehicle sites with power and water are permitted; campgrounds and recreational vehicle sites without power and water require a conditional use permit. 14. The following standards shall apply to the approval and construction of mini-warehouses: a. A mini-warehouse proposal (application) must include plans for aesthetic improvements and/or sight screening; b. All buildings with storage units facing property boundaries shall have a minimum setback of thirty- five (35) feet; c. No commercial or manufacturing activities will be permitted within any building or storage unit; d. Lease documents shall spell out all conditions and restrictions of the use; e. Signs, other than on-site direction aids, shall number not more than two (2) and shall not exceed forty (40) square feet each in area. 15. Permitted when conducted wholly within an enclosed building (excluding off-street parking and loading areas). 16. Limited to farm implement repair and maintenance. 17. Limited to offices directly related to tourism and recreation. 18. Retail sales are limited to groceries and sales directly related to tourism and recreation. Structural footprint containing all of these activities may not exceed 4,000 square feet. 19. Limited to composting facilities. 20. Limited to those services typically found on other destination resort properties and designed to serve the convenience needs of the users and employees of the master planned resort. Shall be designed to discourage use from non-resort users by locating such services well within the site rather than on its perimeter. 21. No new cemeteries. Existing cemeteries may expand or enlarge in compliance with applicable standards and regulations. 22. When located no more than forty-five (45) feet from the centerline of the public street or highway and selling goods produced on site. 23. Hay processing and small-scale processing of agricultural products produced on the premises are permitted without a conditional use permits . 24. Excluding swine and mink, provided a minimum of one (1) acre is available. When located in the Liberty Historic Overlay Zone, this use is subject to the provisions of KCC Chapter 17.59. 25. Existing schools are permitted; new schools require a conditional use permit. Not permitted in the Agriculture Study Overlay Zone. 26. Where the use is only serving a residential PUD and where all applicable standards are met. Electric Vehicle Infrastructure subject to provisions of KCC Chapter 17.66. 27 . Subject to the following requirements: a. ADUs shall be allowed as a permitted use within designated UGAs; b. ADUs shall be subject to obtaining an Administrative Use permit in areas outside UGAs; c. Only one ADU shall be allowed per lot; d. Owner of the property must reside in either the primary residence or the ADU; e. The ADU shall not exceed the square footage of the habitable area of the primary residence; f. All setback requirements for the zone in which the ADU is located shall apply; g. The ADU shall meet the applicable health department standards for potable water and sewage disposal; h. No mobile homes or recreational vehicles shall be allowed as an ADU; i. The ADU shall provide additional off-street parking; j. An ADU is not permitted on the same lot where a special care dwelling or an Accessory Living Quarters exists . 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 43 December 6, 2016 k. An ADU must have adequate acreage to meet maximum density within the zone classification. 28. Subject to the following requirements: a. Accessory Living Quarters shall be located within an owner-occupied primary residence;. b. Accessory Living Quarters are limited in size to no greater than fifty percent (50%) of the habitable area of the primary residence; c. The Accessory Living Quarters are subject to applicable health district standards for water and sewage disposal; d. Only one (1) Accessory Living Quarters shall be allowed per lot; e. Accessory Living Quarters are to provide additional oft-street parking; f. Accessory Living Quarters are not allowed where an Accessory Dwelling Unit or Special Care Dwelling exists. 29 . Maximum of four (4) boarders and two (2) bedrooms dedicated to the use. 30. Subject to the following requirements: a. The Special Care Dwelling must meet all setback requirements for the zone in which it is located; b. The Special Care Dwelling must meet all applicable health department requirements for potable water and sewage disposal; c. Placement is subject to obtaining a building permit for the manufactured home; d. Owner must record a notice to title prior to the issuance of building permit which indicates the restrictions and removal requirements; e. The Special Care Dwelling unit cannot be used as a rental unit; f. The Special Care Dwelling unit must be removed when the need for care ceases; g. A Special Care Dwelling is not permitted on the same lot where an Accessory Dwelling Unit or Accessory Living Quarter exists . 31 . Structures and facilities associated with the operation of shooting ranges are permitted and subject to all associated Kittitas County building codes and regulations. Shooting Ranges may be operated in conjunction with other permitted or conditional uses for the specified zone. Shooting Ranges are subject to periodic inspection and certification as deemed necessary by the Kittitas County Sheriffs Department. In considering proposals for the location of Shooting Ranges a detailed site plan shall be required; the Board's review of said site plan and the proposal as a whole shall include, but not be limited, to the following criteria: a. The general health, safety, and welfare of surrounding property owners, their livestock, their agricultural products, and their property. b. Adherence to the practices and recommendations of the "NRA Range Sourcebook." c. Adherence to the practices and recommendations of the "EPA Best Management Practices for Lead at Outdoor Shooting Ranges ." d. Proposed shooting ranges in areas designated as agricultural land of long-term commercial significance shall comply with RCW 36.70A.177(3) as currently existing or hereafter amended, and shall be limited to lands with poor soils or those unsuitable for agriculture. 32 . Subject to the provisions of KCC Chapter 17.66, Electric Vehicle Infrastructure. 33. Single family homes located in Twin Pines Trailer Park, Central Mobile Home Park, or Swiftwater shall be subject to the provisions of KCC Chapter 17.24, Historic Trailer Court Zone. 34 . When located in the Liberty Historic Overlay Zone, this use is subject to the provisions of KCC Chapter 17.59. 35 . Limited to facilities that serve traditional rural or resource activities (such as granges). Allowed as a permitted use in the Liberty Historic Overlay Zone, subject to the provisions of KCC Chapter 17.59. 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 44 December 6, 2016 36 . Allowed only as a conditional use in the Liberty Historic Overlay Zone, subject to the provisions of KCC Chapter 17.59. 37. Prohibited in the Liberty Historic Overlay Zone. Temporary asphalt plants only. 38 . As of September 1, 1998, mobile homes are no longer allowed to be transported and placed within Kittitas County . Those units presently located in Kittitas County that are to be relocated within Kittitas County must have a fire/life inspection approved by the Washington State Department of Labor and Industries. Mobile homes located in Twin Pines Trailer Park, Central Mobile Home Park, or Swiftwater shall be subject to the provisions of KCC Chapter 17 .24 , Historic Trailer Court Zone. 39. Permitted when located within an established mining district; conditional use permit required when located outside established mining district. 40 . Single family homes located in Twin Pines Trailer Park , Central Mobile Home Park, or Swiftwater shall be subject to the provisions of KCC Chapter 17.24, Historic Trailer Court Zone. 41. Pursuant to RCW 70 .128.140. 42 . Permitted when conducted wholly within an enclosed building (excluding off-street parking and loading areas). 43 . Includes truck stop operations . Minor repair work permitted. 44 . Limited to facilities that serve traditional rural or resource activities (such as granges). 45. Use shall not exceed 10,000 square feet and no more than eight (8) events shall occur within a calendar year . 46 . Existing facilities are permitted; new facilities require a conditional use permit. Limited to agricultural products . Excludes controlled atmosphere and cold storage warehouses . 47 . Limited to seasonal , non-structural hay storage . 48. Services limited to resource based industries 49 . All lots greater than one-half (1/2) acre will not have more than fifty percent (50%) of the lot covered by impervious surface . 50 . An administrative conditional use permit is required when enhanced agricultural sales or sales of goods produced offsite are provided and/or when the farm stand is located more than forty-five (45) feet from the centerline of the public street or highway . 51 . When enhanced agricultural sales are provided. 52. When approved as part of the PUD development plan. 53. Pursuant to KCC Chapter 17.62 , Public Facilities Permits . 54. Limited to primitive campgrounds . 55 . AgricultUral Enhanced uses which Inc ludeeatiQg and drinking establishments andlor eveDt facilities for seminars or othersoCial gathedngs are limited to 4.000 square feet of total indoor floor area. 17 .15.070 Allowed Uses in RuralLAMIRD Lands. Note to Reader : All allowed uses wit hin Type 3 LAM IRDs, other than manu facturi ng, outdoor recreation , and natural resOl'Jrce processing will be limited to 30,000 sq uare fee t in area, and that imperv iou s surface s on lots greater than one ac re In size are lim ited to one third (1/3) of'the lot. 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 45 December 6,2016 17.15.070.1 RuralLAMIRD Use Table P Permitted Rural LAMIRD49 PA Permitted (Type 1 LAMIRDs) Administrative CU Conditional Residential Residential 2 Use ACU Admin. Conditional Use 'See KCC Chapter 17.08 Definition s A. Agriculture Animal CUI g boarding' Agriculture processing' Agriculture CUI production" Agriculture sales: Farm stand' Agriculture sales Feedlot" Grazing" Marijuana Processing' Marijuana Production" Marijuana, retail sales' 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 46 Rural 5 g P P Agriculture 3 General Commercial we w.g p2 P/CU 4 p5 P7 /AC P CU P P I Rural Employment Centers5O ,52 (Type 3 LAMIRDs) Highway Light General Forest & PUD Limited General Highway Light Commercial Industrial Industrial Range Commercial Commercial Commercial Industrial w.g w.g P/CU4 P/CU4 CU P/CU4 P/CU4 P/CU4 P/CU4 p4 p4 p5 p4 P P P P I I P P P P P P P P ACU56 ACU56 I ACU56 ACU56 - December 6, 2016 .... -, P Permitted Rural LAMIRD 49 PA Permitted (TYPE 1 LAMIRDs) Administrative CU Conditional Resicential Residential 2 Use ACU Admin . Conditional Use 'See KCC Chapter 17.08 Definition 5 Nurseries CU Riding academ ies Small-scale event facility' U-PickiCut Operations' Farm Visit' Residential Residential 2 B. Civil and Cultural Cemetery Clubhouses, CU and lodges' Cultural and CU education facilit ies Libraries CU Meeting 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 47 Rural 5 Agriculture 3 General Commerc ial P CU Rural 5 Agriculture 3 Ge neral Commerc ial p 9 p 9 P P10 CU CU Rural Employment Centers 5O ,52 (Type 3 LAMIRDs) Highway Li ght Gene ra l Forest & PUD Lim ited General Highway Light Commercial Industri al Indus tri al Range Comme rci al Commercial Commercial Indu strial CU CU CU CU CU CU Highway Light Gen eral Forest & PUD Limited General Highway Light Commerci al Indus trial Ind us trial Ran ge Commerc ial Commercial Commercial In dustrial CU CU -- December 6,2016 P Permitted Rural LII.MIRD49 PA Permitted (Type 1 LAMIRDs) AdministraUve CU Conditional Residential Residential 2 Use ACU Admin. Conditional Use 'See KCC Chapter 17.08 Definition 5 facilities Museums and CU galleries Religious CU CU institutions' Schools, public CU CU and private' Residential Residential 2 C. Commercial AucUon sales of non-agriculture products Bank Bed and CU CU breakfast' Clinic' CU 12 Day care facilities' L Funeral ._ -_. 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 48 Rural 5 Agriculture 3 General Commercial I CU CU CU CU CU CU Rural 5 Agriculture 3 General Commercial PA CU CU CU CU CU CU CU CU -_._----- Rural Employment Centers 5O ,52 (Type 3 LAMIRDs) Highway Light General Forest & PUD Limited General Highway Light Commercial Industrial Industrial Range Commercial Commercial Commercial Industrial CU CU CU CU CU CU Highway Ught General Forest & PUD Limited General Highway Light Commercial Industrial Industrial Range Commercial Commercial Commercial Industrial P P PA CU CU CU CU51 CU51 CU51 CU -------~ December 6,2016 P Permitted Rural LAMIRD49 PA Permitted (Type 1 LAMIRDs) Administrative CU Conditional Residential Residential 2 Use ACU Admin. Conditional Use 'See KCC Chapter 17.08 Definition 5 home/mortuary Hospital" Hospital, animal or Veterinary" Hotel/motel Office" Restaurant Retail sales: general Retail sales: lumber and building materials Retail sales: vehicles Services Shooting range" Tavern 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 49 Rural 5 Agriculture 3 General Highway Commercial Commercial CU CU CU PA PA13 PA PA p48 p14 p15 p45 P CU40 P P Rural Employment Centers 5O ,52 (Type 3 LAMIRDs) Light General Forest & PUD Limited General Highway Light Industrial Industrial Range Commercial Commercial Commercial Industrial CU CU P CU53 CU53 PA PA 13 P P P P P p48 p48 p14 p15 PA p45 p45 CU40 P P P December 6,2016 P Permitted Rural U\t-.lIRD49 PA Permitted (Type 1 LAMIRDs) Administrative CU Conditional Residential Residential 2 Use ACU Admin. Conditional Use 'See KeC Chapter 17.08 Definition 5 Temporary sales office Vehicle/equipm ent service and repair' Residential Residential 2 D. Industrial Airport' AsphaltlConcre te plants Forest product processing' (portable) Forest prod uct processing' (permanent) F reig hting and trucking yard or terminal' Hazardous waste storage' 2016 Docket Enabling Ordinance Ord. # 2016·023 Page 50 Rural 5 Agriculture 3 General Commercial p11 Rural 5 Agriculture 3 General Commercial CU P P CU Rural Employment Centers SO ,52 (Type 3 LAMIRDs) Highway Light General Forest & PUD Limited General Highway Light Commercial Industrial Industrial Range Commercial Commercial Commercial Industrial I p19 p16 p11 P 19 Highway Light General Forest & PUD Limited General Highway Light Commercial Industrial Industrial Range Commercial Commercial Commercial Industrial CU46 CU47 CU CU CU CU CU CU CU December 6,2016 P Permitted Rural LA.MIRD49 PA Permitted (Type 1 L,\MIRDs) Administrative CU Conditional Residential Residential 2 Use ACU Admin. Conditional Use 'SeeKCC Chapter 17.08 Definition 5 Hazardous waste treatment' ImpoundlTowin g Yard' Junkyard' Manufacturing' Mini-warehouse Refuse disposal/recycl e' Research laboratories - Wastewater treatment Warehousing and distribution Wholesale business Residential Residential 2 ~ --- 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 51 Rural 5 Agriculture 3 General Highway Commercial Commercial CU22 Rural 5 Agriculture 3 General Highway Commercial Commercial _. -_. Rural Employment Centers 5O •52 (Type 3 LAMIRDs) Light General Forest & PUD Limited General Highway Light Industrial Industrial Range Commercial Commercial Commercial Industrial P P P CU22 p22 p22 P CU P CU54 p54 p54 Light General Forest & PUD Limited General Highway Light Industrial Industrial Range Commercial Commercial Commercial Industrial -------1...-----L...--. -~-- December 6, 2016 P Permitted Rural LAMIRD49 PA Permitted (Type 1 LAMIRDs) Administrative CU Conditional Residential Residential 2 Use ACU Admin. Conditional Use 'See KCC Chapter 17.08 Definition 5 E. Recreation Campgrounds Golf courses Guest ranch or guest farm Parks and P P playgrounds' Recreation , indoor' Recreation, outdoor' Recreational vehicle park' Recreational vehicle storage' Stadiums Trails PA PA Resijential Residential 2 ----- 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 52 Rural 5 Agriculture 3 General Highway Commercial Commercial , CU21 CU21 CU21 CU21 CU CU CU CU P P P P P P CU CU PA PA PA PA Rural 5 Agriculture 3 General Highway Commercial Commercial ---~ ---------- Rural Employment Centers 5O ,52 (Type 3 LAMIRDs) Light General Forest & PUD Limited General Highway Ught Industrial Industrial Range Commercial Commercial Commercial Industrial CU21p57 CU21 CU CU P P P P P p35 P P p35 CU CU p35 PJ5 PA PA PA PA PA PA PA PA Light General Forest & PUD Limited General Highway Light Industrial Industrial Range Commercial Commercial Commercial Industrial ---_.---~--------- December 6, 2016 P Permitted Rural LAMIRD49 PA Permitted (Type 1 LAMIRDs) Administrative CU Conditional Residential Residential 2 Use ACU Admin . Conditional Use 'See KCC Chapter 17.08 Definition s F. Residential Accessory p24 p24 dwelling unit Accessory p56 p36 living quarter Adult family p42 p42 home Boarding house CU 3, Convalescent home Dwelling, P P single-family Dwelling, !wo-P P family Dwelling, CU multiple-family Farm Labor Shelter Group Home Home P/CU 27 P/CU28 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 53 Rural 5 Agriculture 3 p24 p24 p36 p36 p42 p42 CU37 CU P P P CU26 CU P/CU28 P/CU 28 Rural Employment Centers 5O ,52 (Type 3 LAMIRDs) I General Highway Light General Forest & PUD Limited General Highway Light Commercial Commercial Industrial Industrial Range Commercial Commercial Commercial Industrial p25 p24 p25 p36 p36 p36 p42 p42 p42 p42 p42 p42 p42 CU37 CU P P P p25 p25 p25 P P P CU26 P/CU 28 P/CU 28 P/CU28 P/CU 28 I P/CU28 P/CU P/CU 28 P/CU 28 P/CU 28 P/CU28 December 6,2016 P Permitted Rural LAMIRD49 PA Permitted (Type 1 LAMIRDs) Administrative CU Conditional Resioential Residential 2 Use ACU Admin. Conditional Use 'See KCC Chapter 17.08 Definition $ occupation Manufactured P P home MaDUfaQlured borne Qa[~ Mobile homes p38 Special care p39 p39 dwelling Temporary p29 p29 trailers Residential Residential 2 G. Resource Forestry' Forest product sales' Mining and excavation' Rock crushing' 2016 Docket Enabling Ordinance Ord. # 2016·023 Page 54 Rural 5 Agriculture 3 P P p6 p39 p39 p29 p29 Rural 5 Agriculture 3 P P Rural Employment Centers 5O ,52 (Type 3 LAMIRDs) General Highway Light General Forest & PUD Limited General Highway Light Commercial Commercial Industrial Industrial Range Commercial Commercial Commercial Industrial , 28 P P P P25 P25 I P P p39 P p39 p39 p29 p29 p29 p29 p29 p29 p29 p29 General Highway Light General Forest & PUD Limited General Highway Light Commercial Commercial Industrial Industrial Range Commercial Commercial Commercial Industrial P P CU CU CU CU -----'--- December 6,2016 P Permitted Rural LAMIRD49 PA Permitted (Type 1 LAMIRDs) Administrative CU Conditional Residential Residential 2 Use ACU Admin. CondiUonal Use 'See KCC Chapter 17.08 Definition 5 Residential Residential 2 H. Utilities and Public Facilities , Electric vehicle p23 p23 infrastructure Public facilities PN;5 PAS5 Utilities p33'ACU 33 P 33/ACU 33/C ICU 33 U 33 Watershed PA PA management activities 2016 Docket Enabling Ordinance Ord. # 2016·023 Page 55 Rural 5 Agriculture 3 General Highway Commercial Commercial Rural 5 Agriculture 3 General Highway Commercial Commercial p23 p23 p23 p23 PAS5 PAS5 PAS5 PAS5 p 33 /AC p33/ACU 331 p33/ACU 331 p 33 /ACU 331 U33 /CU3 CU33 CU33 CU33 3 PA PA PA PA Rural Employment Centers 5O .52 I (Type 3 LAMIRDs) Light General Forest & PUD Limited General Highway Light Industrial Industrial Range Commercial Commercial Commercial Industrial Light General Forest & PUD Limited General Highway Light Industrial Industrial Range Commercial Commercial Commercial Industrial p23 p23 p23 p35 p23 p23 p23 p23 PAS5.32 PA55 PAS5 PAS5 PAS5 PA55 PA55 PAS5.32 P33 /ACU3 P33 /ACU3 p 33 /AC p 33 /A p 33 /ACU 331 P33/ACU 33/ p33/ACU 331 P33 /ACU3 3/CU33 3/CU33 U33 /CU3 CU331 CU33 CU33 CU33 3/CU33 3 CU33 PA PA PA PA PA PA PA PA - December 6,2016 17.15.070.2 Footnotes Associated with Rural LAMIRD Use Table. 1. Limited to the keeping of horses or cattle for personal enjoyment of the owner or occupant of the lot, provided that the lot contains one (1) acre or more. 2. Limited to products produced on the premises. 3. Hay processing and small-scale processing of agricultural products produced on the premises are permitted outright. 4. Slaughterhouses require a conditional use permit. 5. Provided the lot contains one (1) acre or more. Agriculture production on smaller lots requires a conditional use permit. Raising of swine and mink prohibited . 6. As of September 1, 1998, mobile homes are no longer allowed to be transported and placed within Kittitas County . Those units presently located in Kittitas County that are to be relocated within Kittitas County must have a fire/life inspection approved by the Washington State Department of Labor and Industries. Single family and mobile homes located in Twin Pines Trailer Park, Central Mobile Home Park or Swiftwater shall be subject to the provisions of KCC Chapter 17.24, Historic Trailer Court Zone. 7. When located no more than forty-five (45) feet from the centerline of the public street or highway and selling goods produced on site. 8. Feedlots existing at the time of adoption of the ordinance codified herein may expand or be enlarged only in compliance with standards and regulations contained herein, and such operations shall comply with all state and/or county health regulations . 9. No new cemeteries . Existing cemeteries may expand or enlarge in compliance with applicable standards and regulations . 10. Not permitted in the Agriculture Study Overlay Zone . 11 . Permitted when conducted wholly within an enclosed building (excluding off-street parking and loading areas). 12 . Provided the minimum lot size shall be fifteen thousand (15,000) square feet. 13. When the office activities are directly related to tourism and recreation. 14 . Retail sales limited to groceries and sales of souvenirs , gifts , novelties, curios and handicraft products. Grocery stores may not exceed four thousand (4 ,000) square feet. 15. Any open storage shall be enclosed by a sight-obscuring fence not less than six (6) feet and not more than seven (7) feet high. 16. Not to exceed two (2) years. 17. Limited to farm implement repair and maintenance, but not to include automobiles, trucks or bikes 18. Limited to service stations, provided there shall be no repairing, repainting, reconstruction or sale of motor vehicles from the premises. 19 . Includes truck stop operations. Minor repair work permitted. 20 . Because of considerations of odor, dust, smoke, noise , fumes, vibration or hazard, the following uses shall not be permitted in the industrial zone unless a conditional use permit authorizing such use has been granted by the Board: a. All chemical manufacture, storage and/or packaging ; b. Asphalt manufacture, mixing, or refining; c. Automobile dismantling , wrecking or junk yards; d. Blast furnaces or coke ovens; e. Cement, lime, gypsum or plaster of Paris manufacture; 2016 Docket Enabling Ordinance Ord . # 2016·023 Page 56 December 6, 2016 f. Drop forge industries; g. Explosives, storage or manufacture; h. Reduction or disposal of garbage , offal or similar refuse; i. Oil refining ; alternative energy refinery (i.e. biofuels, ethanol) j. Rubber reclaiming; k. Feed yards, livestock sales yards or slaughterhouses; I. Smelting, reduction or refining of metallic ores; m. Tanneries; n. Wineries; o. Manufacturing of industrial or household adhesives, glues, cements , or component parts thereof, from vegetable, animal or synthetic plastic materials; p. Waste (refuse) recycling and processing; q. On-site and off-site hazardous waste storage and/or treatment. Off-site materials shall be accepted only from Kittitas County source sites. In considering the issuance of conditional use permits for the foregoing listed uses, the Board shall: a. Assure that the degree of compatibility enunciated as the purpose of this title shall be maintained with respect to the particular use on the particular site and in consideration of other existing and potential uses within the general area in which such use is proposed to be located; b. Recognize and compensate for variations and degree of technological processes and equipment as related to the factors of noise, smoke, fumes, vibration, odors, and hazards. Unless substantial proof is offered showing that such process and/or equipment has reduced the above factors so as to be negligible, use is located not less than one thousand (1,000) feet from any church , school , park , playground or occupied dwelling on the same lot or parcel as such use. 21 . In considering proposals for location of campgrounds, the Board shall consider at a minimum the following criteria: a. Campgrounds should be located at sufficient distance from existing rural residential/residential development so as to avoid possible conflicts and disturbances; b. Traffic volumes generated by such a development should not create a nuisance or impose on the privacy of nearby residences or interfere with normal traffic flow; c. Landscaping or appropriate screening should be required and maintained where necessary for buffering ; d. Adequate and convenient vehicular access , circulation and parking should be provided ; e. Public health and safety of campers and those reasonably impacted by the campground (i.e. health, water, sanitation). 22. The following standards shall apply to the approval and construction of mini-warehouses: a. A mini-warehouse proposal (application) must include plans for aesthetic improvements and/or sight screening; b. All buildings with storage units facing property boundaries shall have a minimum setback of thirty-five (35) feet; c. No commercial or manufacturing activities will be permitted within any building or storage unit; d. Lease documents shall spell out all cond itions and restrict ions of the use; e. Signs , other than on-site direction aids , shall number not more than two (2) and shall not exceed forty (40) square feet each In area; and f. In Type 3 LAMIRDS, the use shall be conducted wholly within an enclosed building. 23 . Subject to provisions of KCC Chapter 17.66, Electric Vehicle Infrastructure. 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 57 December 6, 2016 24 . Subject to the following requirements: a. ADUs shall be allowed as a permitted use within designated UGAs; b. ADU's shall be subject to obtaining an Administrative Use permit in areas outside of UGAs; c. Only one (1) ADU shall be allowed per lot; d. Owner of the property must reside in either the primary residence or the ADU; e. The ADU shall not exceed the square footage of the habitable area of primary residence; f. The ADU shall be designed to maintain the appearance of the primary residence; g. All setback requirements for the zone in which the ADU is located shall apply; h. The ADU shall meet the applicable health department standards for potable water and sewage disposal; i. No mobile homes or recreational vehicles shall be allowed as an ADU; j. The ADU shall provide additional off-street parking; k. An ADU is not permitted on the same lot where a special care dwelling or an Accessory Living Quarters exists. I. An ADU must have adequate acreage to meet maximum density within the zone classification. 25 . No new residence shall be permitted except that related to the business or enterprises allowed in this zone such as janitor or night watchman. Any such residence shall meet the requirements of the residential zone. 26. Provided that: a. The shelters are used to house farm laborers on a temporary or seasonal basis only, regardless of change of ownership, if it remains in farm labor-needed status; b. The shelters must conform with all applicable building and health regulations; c. The number of shelters shall not exceed four (4) per twenty (20) contiguous acres of land area; d. The shelters are owned and maintained by the owner or operator of an agricultural operation which clearly demonstrates the need for farm laborers; e. Should the parent agriculture operation cease or convert to non-agriculture use, then the farm labor shelters shall conform with all applicable building, zoning, and platting requirements or be removed 27 . Home occupations with no outdoor activities or noise are permitted; home occupations with outdoor activities or noise are a conditional use. Offices of a physician, dentist or other professional person when located in his or her dwelling as well as home occupations engaged in by individuals within their dwellings are allowed provided that no window display is made or any sign shown other than one (1) not exceeding two (2) square feet in area and bearing only the name and occupation of the occupant. 28. Home occupations with no outdoor activities or noise are permitted; home occupations with outdoor activities or noise are a conditional use. In Type 3 LAMIRDs, home occupations are allowed only in existing residences. 29 . When used for temporary occupancy for a period not-to-exceed one (1) year related to permanent home construction or seasonal/temporary employment. 30 . Noncommercial sand and gravel excavation is permitted for on-site use without a conditional use permit. 31 . Permitted when located within an established mining district; requires conditional use permit outside an established mining district. 32. Public transportation deadhead stations permitted; passenger terminals are a Conditional Use. 33. Utilities are defined and regulated by KCC Chapter 17.61, Utilities. 34. Utilities are defined and regulated by KCC Chapter 17.61 , Utilities. Not permitted in the Agriculture Study Overlay Zone. 35. Where the use is only serving a residential PUD and where all applicable standards are met. Electric Vehicle Infrastructure subject to KCC Chapter 17.66. 2016 Docket Enabling Ordinance Ord. # 2016·023 Page 58 December 6, 2016 36. Subject to the following requirements : a. Accessory Living Quarters shall be located within an owner occupied primary residence; b. Accessory Living Quarters are limited in size to no greater than fifty percent (50%) of the habitable area of the primary residence; c. The Accessory Living Quarters are subject to applicable health district standards for water and sewage disposal ; d. Only one (1) Accessory Living Quarters shall be allowed per lot; e. Accessory Living Quarters are to provide additional off-street parking; f. Accessory Living Quarters are not allowed where an Accessory Dwelling Unit or Special Care Dwelling exists; and g. In Type 3 LAMIRDS, Accessory Living Quarters may only be allowed in an existing residence . 37. Maximum of four (4) boarders and two (2) bedrooms dedicated to the use . 38 . As of September 1, 1998, mobile homes are no longer allowed to be transported and placed within Kittitas County. Those units presently located in Kittitas County that are to be relocated within Kittitas County must have a fire/life inspection approved by the Washington State Department of Labor and Industries. 39. Subject to the following requirements: a. The Special Care Dwelling must meet all setback requirements for the zone in which it is located; b. The Special Care Dwelling must meet all applicable health department requirements for potable water and sewage disposal; c. Placement is subject to obtaining a building permit for the manufactured home; d. Owner must record a notice to title prior to the issuance of building permit which indicates the restrictions and removal requirements ; e. The Special Care Dwelling unit cannot be used as a rental unit; f. The Special Care Dwelling unit must be removed when the need for care ceases; g. A Special Care Dwelling is not permitted on the same lot where an Accessory Dwelling Unit or Accessory Living Quarter exists. 40. Structures and facilities associated with the operation of shooting ranges are permitted and subject to all associated Kittitas County building codes and regulations. Shooting ranges may be operated in conjunction with other permitted or conditional uses for the specified zone . Shooting Ranges are subject to periodic inspection and certification as deemed necessary by the Kittitas County Sheriff's Department. Shooting ranges in Type 1 LAMIRDS must be indoors. In considering proposals for the location of shooting ranges a detailed site plan shall be required; the Hearings Examiner's review of said site plan and the proposal as a whole shall include, but not be limited, to the following criteria: a. The general health, safety, and welfare of surrounding property owners, their livestock, their agricultural products , and their property. b. Adherence to the practices and recommendations of the "NRA Range Sourcebook ." c. Adherence to the practices and recommendations of the "EPA Best Management Practices for Lead at Outdoor Shooting Ranges." d. Proposed shooting ranges in areas designated as agricultural land of long-term commercial significance shall comply with RCW36 .70A.177 (3) as currently existing or hereafter amended, and shall be limited to lands with poor soils or those unsuitable for agriculture. 41. Outdoor recreation activities that cause noise require a conditional use permit. 42 . Subject to provisions of RCW 70.128.140. 43 . Use shall not exceed 10,000 square feet and no more than eight (8) events shall occur within a calendar year . 2016 Docket Enabling Ordinance Ord. # 2016·023 Page 59 December 6,2016 44. Existing facilities are pennitted; new facilities require a conditional use permit. Limited to agricultural products. Excludes controlled atmosphere and cold storage warehouses. 45. Services limited to resource based industries, barbershops, beauty parlors, dry cleaning and laundry branch offices, self-service laundry and cleaning, shoe repair shops and physical culture and health services! 46. No new airports. Existing airports may expand or enlarge in compliance with applicable standards and regulations. * 47. No new airports. Existing airports may expand or enlarge in compliance with applicable standards and regulations! 48 . Permitted when conducted wholly within an enclosed building (excluding off-street parking and loading areas), provided the use does not exceed four thousand (4,000) square feet! 49. All allowed uses identified on this use table are subject to compliance with WAC 365-196-425.6.c.i. RCW 36.07 A.070(5)(d)(i).* 50 . All allowed uses identified on this use table are subject to compliance with WAC 365-196-425 .6.c.iii RCW 36. 70A. 070(5)( d)(iii). * 51. Allowed only in existing residences.* 52. Any new Type 3 LAMIRD is required to be at least one-half mile from another Type 3 LAMIRD, and will permit only one business and/or businesses associated with the primary business in the new LAMIRD Type 3. Type 3 LAMIRDs existing as of 2014 are not limited to one business . * 53. Pennitted only within existing Type 3 LAMIRDs.* 54. Wholesale activity will not exceed 4000 square feet in space.* 55. Pursuant to KCC Chapter 17.62, Public Facilities Permits. 56. Required to meet all the review criteria requirements for conditional use permits found in KCC 17.60A.015. 57 . Limited to primitive campgrounds. 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 60 December 6, 2016 17.15.080 Allowed Uses in Urban Lands PPetll\lt!ed Urban PA _Perrnilted AdminislJaUve Residential Urban CU Condltialial Residential Use ACUAdmin. Coodruonal'Use 'SeeKCC Chapter 17.08 Definitions A. Agriculture Animal CU' boarding" AgriculbJ[al EnIlan!;ed Uses" Agriculture processing" Agriculture CU' CU 5 production" Agriculture sales: Produce Farm stand Agriculture CU sales Dairy Feedlot" Grazing' I" Marijuana Processing' Marijuana Production" 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 61 Historic Agricu lture Rural Trailer 3 3 Court CU 1"2 1"5 I" 1"7/ AC46 CU CUB I" I" Rural Limited General Highway Light General Forest PUD 5 Commercial Commercial Commercial Industrial Industrial & Range CU CU ~ ~ P p4 p4 CU I I" p4 p4 p5 P P7/ AC46 CU CU CUB I I" I" I" P P P P ACU44 ACU44 ACU44 ACU44 December 6,2016 P PllITll llled Urbcn PA Permitted Adminmtive Resi:lential Urban CU CondilloilaJ Residential Use ACUAdmln. Conilltional Use 'SeeKCC Chapter 17.08 Definitions Marijuana, retail sales' Nurseries CtJ CU Riding CU Academies Small-scale event facility" U-CuW-Pick operation' FarmVisn' ~sidentia/ UII!aIl Resillential B. Civic and Cultural Cemetery cu,houses, AC AC fraternities and lodges' Cultural and CU educational facilities 2016 Docket Enabling Ordinance Ord. # 2016·023 Page 62 Historic Agriculture Trailer 3 Court I" CU AC42/CU P/AC45 CU f;listoMc Agriculture Trailer 3 Court 1"9 P Rural Rural Limited General Highway Light General Forest PUD 3 5 Commercial Commercial Commercial Industrial Industrial & Range I CU CU CU AC 42/C AC42/C AC42 /C U U U CU CU CU CU cu CU Rural Rural Limited General Highway Light General Forest PUD I 3 5 Commercial Commercial Commercial Industrial Industrial & Range p9 CU P P AC ---------- December 6, 2016 P Pennitted Urban PA Pennitted Administrative Residential Urban CU Conditional Residential Use ACU Admin. Conditional Use 'SeeKCC Chapter 17.08 Definitions Libraries Meeting facilities Museums and CU CU galle!ies Religious CU CU institutions' Schools, public CU or private" Residential UrIlan Residential C. Commercial Auction sales gf non-agriculture products Bank Bed and breakfast' C6nic' CU12 Day care fadlilies' 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 63 Historic Agriculture Rural Trailer 3 3 Court CU CU CU CU Histeric Agriwlture Rural Trailer 3 3 Court CU AC CU Rural Limited General Highway Light General Forest PUD 5 Commercial Commercial Commercial Industrial Industrial & Range P P p11 P CU CU p P CU RlII'al Limited General Highway Light General Forest PUD 5 Commercial Commercial Commercial Industrial Industrial & Range P CU P P AC AC CU CU CU CU December 6,2016 PPermlt1ed Urbar PA Perm itted Adminls1ratlYe ResicEntial Urban CU Conditiooal Residential Use ACUAdmin. ~IUOt1aI Use 'SeeKCC Chapter 17.08 Definitions Funeral home/mortuary Hospitar CU Hospital, animal or veterinary" Hatel/motel OIIice" Restaurant Retail sales: general Retail sales: lumber and building materials RetaH sales: vehicles SeIVices Shooting range" Tavern 2016 Docket Enabling Ordinance Ord. # 2016·023 Page 64 Historic Agriculture Rural Rural Trailer 3 3 5 Court CU Limited General Highway Light General Forest PUD Commercial Commercial Commercial Industrial Industrial & Range CU P CU CU p p P P p13 p p p p pll pl1 p14 P p IS p p p pll pH pH CUS CUS p p p December 6,2016 PPermitted Urban PAPennn1Ed Administrative ResDential Urban clJ CondiIrooal Residential Use ACUAdmll'l. CooditiOOaJ Use 'SeeKCC Chapter 17.08 Definitions Temporary sales office Vehicle! equipment sefVice and repair' bsilential u..- ~ D.lndustrial Airport' AspbaltlCenllffl te plants FOIl!Stpnx/uct pmcessil'lg* (PlNiolbte) FO/esl~ct processing' (permanenl) Freighting and trucking yard 0!' tenninar Hazardous waste storage· Hazardous waste treatment' 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 65 Historic Agriculture Rural Trailer 3 3 Court f.ilstalic AgrieullYre Rural 1'railer 3 3 Cool! CU P P CU Rural Limited General Highway Light General Forest PUD 5 Commercial Commercial Commercial Industrial Industrial & Range P18 P11 P19 P19 Rural limited General Highway Light General Forest PUD 5 Commercial Commercial Commercial Industrial Industrial & Range CU CU CU CU P P CU CU P P CU CU CU CU20 CU CU CU20 December 6,2016 - P Permil!ed Urban PAPermifted Admlnlstr.rtlve Residentia. Urban CU CondltiQnal Residential Use 'ACUAdmin , C9nditional Use 'SeeKCC Chapter 17.08 Definitions Impound/T owin 9 Yard" Junkyard* Manufaeturing* Mini- Warehouse Refuse disposal/recyel e* Research laboratories Wastewater Irealment Warehousing PA43 PA43 and distribution Wholesale business Residelllilll Yrban Residential E. Recreation Campground" 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 66 Historic Agriculture Rural Trailer 3 3 Court CU22 PA43 PA43 PA43 HistOOc A!jfietilllJRoJ Rural TflIiIer 3 3 Court ClJ 21 CU21 I Rural Limited General Highway Light General Foresl PUD 5 Commercial Commercial Commercial Industrial Industrial & Range I ACU ACU P P I CU CU2il P P p211 I CU22 p11 pll P CU22 CU CU211 CU i I p P I I PA43 PA43 PA43 PA43 P P PA43 I P P P I Rural Limited General Highway Light General Forest PUO 5 Commercial Commercial Commercial Industrial Industrial & Range I CU21 CU21 CU21 CU21 P 48 December 6,2016 --- PPermlH~ Urban PA Pe!lllitted Adminlslralive Residential Urban CU C9f1dil!ona1 Residential Uil2 ACUAdmin. Conditional Use 'SeeKCC Chapter 17.08 Definitions Golf course' Guest ranch or guestfann* Part<s and playgreunds' I" I" Recreation, indoor' Recreation, outdoor' Recreational vehicle park' Recreational vehicle storage Stadiums Trails PA P:A. Residenial Urban Residentiat F. Residential Accessory 1"24 1"24 dweli1g unit' Accessory 1"36 1"36 living quarters' 2016 Docket Enabling Ordinance Ord. # 2016.023 Page 67 Historic Agriculture Rural Trailer 3 3 Court CU CU AC AC I" I" CU CU AC Ae PA PA PA Hist0ric Agriculture Rural Trailer 3 3 Coort 1"24 1"24 1"36 1"36 Rural Limited General Highway Ught General Forest PUD 5 Commercial Commercial Commercial Industrial Industrial & Range ~ CU CU I AC AC I I" I" P P P I I CU P P CU pJ5 AG p39 p39 AC pJ5 P CU PA PA PA PA PA PA PA PA Rural Limited General Highway Light General Forest PUD 5 Commercial Commercial Commercial Industrial Industrial & Range 1"24 1"25 p24 1"36 1"25 p36 December 6,2016 PPelll1li!ed Urban PA Permitted AdmInis1rative-Residentia Urban CU CondiHonaI Residential Use ACUAdmin. C<!nd!\lOrlai Use 'SeeKCC Chapter 17.08 Definitions Adutt family p41 p41 home' Boarding house CU37 Convalescent home DweRing, P p single-family' Dweling, !w0-p P family' DweOing, AC multiple4amily' Farm labor shelter' Group home' Home PICU27 P/CU28 occupation' Manufactured I" I" home' MaDllfactmed ~ ~ ~ Mobile home p3! 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 68 Historic Agriculture Trailer 3 Court f>41 p41 CU37 p40 P P CU26 P/CU28 I" I" ClE 1"40 Rural Rural Limited Genera Highway Light General Forest PUD 3 5 Commercial Commercial Commercial Industrial Industrial & Range p41 p41 p41 p41 p41 p41 p41 CU37 CU P P P p25 P P P p25 P P P CU26 CU CU CU P/CU2 P/CU2 P/CU2 P/CU 8 a e 1) I" I" P P P P ClE ClE ~ ClE 1"38 p3! p3! December 6,2016 P Permitted Urban PA Permitted Administrative Residenti~ Urban CU Conditional Residential Use ACUAdmin. Conditional Use 'SeeKCC Chapter 17.08 Definitions Special care 1"17 1'17 dwening* Temporary 1"29 1"29 lraner ~ ~ Resi!leMiai G. Resllurce Forestry" Forest product sales· Mining and excavation· Rock crushing' ResideMali IJr.HII IiMdrilII H. Utilities ami Public Facilities Electric vehicle ~110 1'10 infrastructure" Public facilities" PA47 PA47 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 69 Historic AgriculbJre Rural Trailer 3 3 Court 1"17 1"17 1'29 1'29 1"29 HislOlic AgFiculbJre Rural Trailer 3 3 Caurt I" I" CUJO CU31 CU 31 Historic ligriellllllre Rur.ll Trailer 3 3 CMIrt 1'10 1"10 1'10 PA47 PA47 PA47 Rural Limited General Highway Light General Forest pun 5 Commercial Commercial Commercial Industrial Indusbial & Range 1"17 p17 p17 1"29 1'29 p29 p29 p29 p29 CU29 Rural Limited General Highway Light General Forest PUD 5 Commercial Commercial Commercial Indusbial Indusbial & Range P P P CU31 P CU31 P RI:WcII Limited General Highway Light General Forest PUD 5 Commercial Commercial Commercial Indusbial Indusbial & Range 1'10 P10 1'10 P10 P10 P10 P10 P10 PAC PA47 PA47 PA32,47 PAC PA41 PA41 PA41 December 6,2016 P Pe.nnll\ed Urban PA Permitted Admlnisllative Residential Urban CU Conditklnal Residential Use AtUAdmin. Comrrtioral Use 'SeeKCC Chapter 17.08 Definitions Utilities P~cuaal p 31/i\GlJ331 CIJ3I CU33 Watershed PA FA management activities' 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 70 Historic Agriculture Rural Trailer 3 3 Court P 33IACU 331 PJlJA CU33 CUll( CU33 PA PA Rural Umited General Highway Light General Forest PUD 5 Commercial Commercial Commercial Industrial Industrial & Range Pll/A P 33/ACU 33/C P33/ACU33JC P331ACU33/C P33/ACUl P33/ACU3 P33/A Pll/A CUlll U33 U33 U33 3/CU33 J/CU33 CUlll CU331 CU 33 CUll CU33 PA PA PA PA PA PA PA PA December 6,2016 17.15.080.2 Footnotes Associated with Urban Use Table. 1. Limited to the keeping of horses or cattle for personal enjoyment of the owner or occupant of the lot, provided that the lot contains one (1) acre or more. 2. Limited to products produced on the premises. 3. Hay processing and small-scale processing of agricultural products produced on the premises are permitted outright. 4. Feed yards, livestock sales yards, and slaughterhouses require a conditional use permit. 5. Provided the lot contains one (1) acre or more, Agriculture production on smaller lots requires a conditional use permit. Raising of swine and mink prohibited. 6. Structures and facilities associated with the operation of shooting ranges are permitted and subject to all associated Kittitas County building codes and regulations. Shooting Ranges may be operated in conjunction with other permitted or conditional uses for the specified zone, Shooting Ranges are subject to periodic inspection and certification as deemed necessary by the Kittitas County Sheriff's Department. In considering proposals for the location of Shooting Ranges a detailed site plan shall be required; the Board review of said site plan and the proposal as a whole shall include , but not be limited to the following criteria : a. The general health, safety, and welfare of surrounding property owners , their livestock, their agricultural products, and their property. b. Adherence to the practices and recommendations of the "NRA Range Sourcebook." c. Adherence to the practices and recommendations of the "EPA Best Management Practices for Lead at Outdoor Shooting Ranges," d. Proposed shooting ranges in areas designated as agricultural land of long term commercial significance shall comply with RCW36.70A.177(3) as currently existing or hereafter amended, and shall be limited to lands with poor soils or those unsuitable for agriculture , 7. When located not less than forty-five (45) feet from the centerline of the public street or highway and selling goods produced on site. 8. Feedlots existing at the time of adoption of the ordinance codified herein may expand or be enlarged only in compliance with standards and regulations contained herein, and such operations shall comply with all state and/or county health regulations. 9. No new cemeteries. Existing cemeteries may expand or enlarge in compliance with applicable standards and regulations. 10. Subject to provisions of KCC Chapter 17.66, Electric Vehicle Infrastructure, 11. Permitted when conducted wholly within an enclosed building (excluding oft-street parking and loading areas). 12 . Provided the minimum lot size shall be fifteen thousand (15 ,000) square feet. 13. When the office activities are directly related to tourism and recreation. 14. Retail sales limited to groceries and sales of souvenirs, gifts, novelties, curios and handicraft products. Grocery stores may not exceed four thousand (4,000) square feet. 15. Any open storage shall be enclosed by a sight-obscuring fence not less than six (6) feet and not more than seven (7) feet high. 16. Not to exceed two (2) years. 17. Subject to the following requirements: a. The Special Care Dwelling must meet all setback requirements for the zone in which it is located. b. The Special Care Dwelling must meet all applicable health department requirements for potable water and sewage disposal. c. Placement is subject to obtaining a building permit for the manufactured home . 2016 Docket Enabling Ordinance December 6,2016 Ord. # 2016-023 Page 71 d. Owner must record a notice to title prior to the issuance of building permit which indicates the restrictions and removal requirements. e. The Special Care Dwelling unit cannot be used as a rental unit. f. The Special Care Dwelling unit must be removed when the need for care ceases. g. A Special Care Dwelling is not permitted on the same lot where an Accessory Dwelling Unit or Accessory Living Quarter exists. 18. Limited to service stations, provided there shall be no repairing, repainting, reconstruction or sale of motor vehicles from the premises. 19. Includes truck stop operations. Minor repair work permitted. 20. Because of considerations of odor, dust, smoke, noise, fumes, vibration or hazard, the following uses shall not be permitted in the industrial zone unless a conditional use permit authorizing such use has been granted by the Board: a. All chemical manufacture, storage and/or packaging; b. Asphalt manufacture, mixing, or refining; c. Automobile dismantling, wrecking or junk yards; d. Blast furnaces or coke ovens; e. Cement, lime, gypsum or plaster of Paris manufacture; f. Drop forge industries; g. Explosives, storage or manufacture; h. Reduction or disposal of garbage, offal or similar refuse; i. Oil refining; alternative energy refinery (i.e. biofuels, ethanol) j. Rubber reclaiming; k. Feed yards, livestock sales yards or slaughterhouses; I. Smelting, reduction or refining of metallic ores; m. Tanneries; n. Wineries; o. Manufacturing of industrial or household adhesives, glues, cements, or component parts thereof, from vegetable, animal or synthetic plastic materials; p. Waste (refuse) recycling and processing; q. On-site and off-site hazardous waste storage and/or treatment. Off-site materials shall be accepted only from Kittitas County source sites. I n considering the issuance of conditional use permits for the foregoing listed uses, the Board shall: a. Assure that the degree of compatibility enunciated as the purpose of this title shall be maintained with respect to the particular use on the particular site and in consideration of other existing and potential uses within the general area in which such use is proposed to be located; b. Recognize and compensate for variations and degree of technological processes and equipment as related to the factors of noise, smoke, fumes, vibration, odors and hazards. Unless substantial proof is offered showing that such process and/or equipment has reduced the above factors so as to be negligible, use is located not less than one thousand (1,000) feet from any church, school, park, playground or occupied dwelling on the same lot or parcel as such use. 58. In considering proposals for location of such campgrounds, the Board shall consider at a minimum the following criteria: a. Campgrounds should be located at sufficient distance from existing rural residential/residential development so as to avoid possible conflicts and disturbances. 2016 Docket Enabling Ordinance Ord. # 2016·023 Page 72 December 6, 2016 b. Traffic volumes generated by such a development should not create a nuisance or impose on the privacy of nearby residences or interfere with normal traffic flow . c. Landscaping or appropriate screening should be required and maintained where necessary for buffering. d. Adequate and convenient vehicular access, circulation and parking should be provided . e. Public health and safety of campers and those reasonably impacted by the campground (Le. heath, water, sanitation) 59 . The following standards shall apply to the approval and construction of mini-warehouses : a. A mini-warehouse proposal (application) must include plans for aesthetic improvements and/or sight screening ; b. All buildings with storage units facing property boundaries shall have a minimum setback of thirty-five (35) feet ; c. No commercial or manufacturing activities will be permitted within any building or storage unit; d. Lease documents shall spell out all conditions and restrictions of the use; e. Signs, other than on-site direction aids, shall number not more than two (2) and shall not exceed forty (40) square feet each in area ; 60. Subject to all state and/or county health regulations and to regulations in this title, provided a minimum of one (1) acre is available. Excluding swine and mink. 61 . Accessory Dwelling Un it (ADU) subject to the following requirements : a. ADUs shall be allowed as a permitted use within designated UGAs. b. ADUs shall be subject to obtaining an Administrative Use permit in areas outside of UGAs. c. Only one (1) ADU shall be allowed per lot. d. Owner of the property must reside in either the primary residence or the ADU . e. The ADU shall not exceed the square footage of the habitable area of primary residence. f. The ADU shall be designed to maintain the appearance of the primary residence. g. All setback requirements for the zone in which the ADU is located shall apply . h. The ADU shall meet the applicable health department standards for potable water and sewage disposal. i. No mobile homes or recreational vehicles shall be allowed as an ADU. j. The ADU shall provide additional off-street parking. k. An ADU is not permitted on the same lot where a special care dwelling or an Accessory Living Quarters exists . I. An ADU must have adequate acreage to meet maximum density within the zone classification. 62. No new residence shall be permitted except that related to the business or enterprises allowed in this zone such as janitor or night watchman . Any such residence shall meet the requirements of the residential zone. 63 . Provided that: a. The shelters are used to house farm laborers on a temporary or seasonal basis only , regardless of change of ownership, if it remains in farm labor-needed status ; b. The shelters must conform with all applicable building and health regulations ; c. The number of shelters shall not exceed four (4) per twenty (20) contiguous acres of land area; d. The shelters are owned and maintained by the owner or operator of an agricultural operation which clearly demonstrates the need for farm laborers; e. Should the parent agriculture operation cease or convert to non-agriculture use, then the farm labor shelters shall conform with all applicable building, zoning , and platting requirements or be removed 64. Home occupations with no outdoor activities or noise are permitted; home occupations with outdoor activities or noise are a conditional use. Offices of a physician, dentist or other professional person when located in his or her dwelling as well as home occupations engaged in by individuals within their dwellings are allowed providfld thnt no 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 73 December 6, 2016 window display is made or any sign shown other than one (1) not exceeding two (2) square feet in area and bearing only the name and occupation of the occupant. 65. Home occupations with no outdoor activities or noise are permitted; home occupations with outdoor activities or noise are a conditional use. No sign advertising a home occupation shall exceed sixteen (16) square feet in size. 66. When used for temporary occupancy for a period not to exceed one (1) year related to permanent home construction or seasonal/temporary employment. 67. Noncommercial sand and gravel excavation is permitted for on-site use without a conditional use permit. 68. Permitted when located within an established mining district; requires conditional use permit outside an established mining district. 69. Public transportation deadhead stations permitted; passenger terminals are a Conditional Use. 70. Utilities are defined and regulated by KCC Chapter 17.61, Utilities. 71. Utilities are defined and regulated by KCC Chapter 17.61, Utilities. Not permitted in the Agriculture Study Overlay Zone. 72. Where the use is only serving a residential PUD and where all applicable standards are met. 73. Subject to the following requirements: a. Accessory Living Quarters shall be located within an owner occupied primary residence. b. Accessory Living Quarters are limited in size to no greater than fifty percent (50%) of the habitable area of the primary residence. c. The Accessory Living Quarters are subject to applicable health district standards for water and sewage disposal. d. Only one (1) Accessory Living Quarters shall be allowed per lot. e. Accessory Living Quarters are to provide additional off-street parking. f. Accessory Living Quarters are not allowed where an Accessory Dwelling Unit or Special Care Dwelling exists. 74. Maximum of four (4) boarders and two (2) bedrooms dedicated to the use. 75. As of September 1, 1998, mobile homes are no longer allowed to be transported and placed within Kittitas County. Those units presently located in Kittitas County that are to be relocated within Kittitas County must have a fire/life inspection approved by the Washington State Department of Labor and Industries. 76. Outdoor recreation activities that cause noise require a conditional use permit. 77. Pursuant to KCC Chapter 17.24, Historic Trailer Court Zones. 78. Pursuant to RCW 70.128.140. 79. Use shall not exceed 10,000 square feet and no more than eight (8) events shall occur within a calendar year. 80. Limited to seasonal, non-structural hay storage. 81. Required to meet all the review criteria requirements for conditional use permits found in KCC 17.60A015. 82. An administrative conditional use permit is required when enhanced agricultural sales or sales of goods produced offsite are provided and/or when the farm stand is located more than forty-five (45) feet from the centerline of the public street or highway. 83. When enhanced agricultural sales are provided. 84. Pursuant to KCC Chapter 17.62, Public Facilities Permits. 85. Limited to primitive campgrounds. 86. Aqrlcullur.aIEnhan<:.:e d Uses which ihc!ud@ eatina and drinking establishments andloT event1acililies 'for seminars or plher socia! gatbednqs are limited to 10,000 square feet of Iota! indoor floor area . 87 .. SulJlecl [0 II It: fUllywiny I EMJiI'!i:I»)eo(s' '8, Manufactured home parks sga" require 8QProvai of a binding sjte..plan pursuant to Kec Title 16.. 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 74 December 6, 2016 b . Manufactured home park density shall noUo exoeed twelve (12) units per acre . A minimum of five (5) manufactured home spaces sha ll be required per park . . c. Manufac!ured home parks shall provide nol less than ten percenl (1Q%LQUllagross area Of Ihe park for .c.ommon open space for the use of its residents d EaGh manufac(ured home space shall have direct frontage on a pub lic or private street ft The min i mum se tbacks shall be consistent witbJllazoninq clasSiffcation they are looale.dJn. 17.36.020 Allowed uses. 1. a. b. c. d. e. f. g. h. i. Inside the Urban Growth Area and Rural LAMIROs , uses may include All residential uses including multifamily structures; Manufactured home parks; Hotels-and motels , ~iAWfl:l&; Fractionally-owned units; Retail businesses ; Commercial-recreation businesses, parks and playgrounds; Restaurants , cafes , taverns , cocktail bars ; Electric vehicle infrastructure . pursuant to See KCC Chapter 17.66; and; The following uses where they are only serving a residential PUD and where all other applicable standards are met: i. Community buildings ; ii. Indoor recreation facilities including athletic clubs, fitness centers , sports courts, swimming pools , and other similar uses ; iii. Outdoor recreation facilities including swimming pools, sports courts or similar uses; and iv. Recreation vehicle storage areas . 17.29.040 Lot size required. 1. Minimum lot (homesite) requirements in the agricultural (A-20) zone are: a. (20) acres , unless within a conservat ion plat as provided for in KCC Chapter 16.09 , Cluster Platting and Conservation Platting b. In no case shall there be more than twe-one dwellingg (residences) on any lot or tax parcel unless such parcel is twice the required minimum (twenty-(20)-acre) size. c. One-half (%) acre for lots in a conservation plat. 17.31.040 Lot size required. Minimum lot (homesite) reqUirements in the commercial agr iculture zone are: 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 75 December 6,2016 1. Twenty (20) acres, unless within a conservation plat as provided for in KCC Chapter 16.09, Cluster Platting and Conservation Platting. 2. One half (%) acre for lots in a conservation plat. 3. Commercial Agricultural Zones . In no case shall there be more than ~ (~1) dwellings (residences) on any lot or tax parcel unless such parcel is twice the required minimum (twenty-(20)-acre) size. 17.66.020 Off Street Parking -Electric Vehicle Charging Stations. To ensure an effective installation of electric vehicle charging stations, the regulations in this subsection provide a framework for when a ~ property owner chooses to provide electric vehicle charging stations. 1. Electric Vehicle Charging Station Spaces a. Purpose. For all parking lots or garages, except those that include restricted electric vehicle charging stations. b. Number. No minimum number of charging station spaces is required. c. Minimum Parking Requirements. An electric vehicle charging station space may be included in the calculation for minimum required parking spaces that are required pursuant to other provisions of code. d. Location and Design Criteria. The provision of electric vehicle parking will vary based on the design and use of the primary parking lot. The following required and additionallocational and design criteria are provided in recognition of the various parking lot layout options. L Where provided, parking for electric vehicle charging purposes is required to include the following: ~ Signage. Each charging station space shall be posted with signage indicating the space is only for electric vehicle charging purposes. Days and hours of operations shall be included if time limits or tow away provisions are to be enforced. Signage design shall comply with ECW 46 ,OS .18S.tfte si~Aeg&~lflflles ~CG 1~M4 ;g2Q j 2. Maintenance. Charging station equipment shall be maintained in all respects, including the functioning of the charging equipment. A phone number or other contact information shall be provided on the charging station equipment for reporting when the equipment is not functioning or other problems are encountered . 3. Accessibility. Where charging station equipment is provided within an adjacent pedestrian circulation area, such as a sidewalk or accessible route to the building entrance, the charging equipment shall be located so as not to interfere with accessibility requirements of WAC 51-50-005. 4. Lighting. Where charging station equipment is installed , adequate site lighting shall exist, unless charging is for daytime purposes only. ii . Parking for electric vehicles should also consider the following: 2016 Docket Enabling Ordinance Ord. # 2016-023 December 6,2016 Page 76 1. Notification. Information on the charging station, identifying voltage and amperage levels and any time of use, fees. or safety information. 2, Signage. Installation of directional signs at the parking lot entrance and at appropriate decision points to effectively guide motorists to the charging station space(s). e. Data Collection. To allow for maintenance and notification , the local permitting agency will require the owners of any private new electric vehicle infrastructure station that will be publicly available (see definition "electric vehicle charging station -public") to provide information on the station's geographic location, date of installation, equipment type and model, and owner contact information. (O rd . 2011 ·013 , 2011) Chapter 12.14 ELECTRIC VEHICLE CHARGING STATIONS Sections 12.14.010 On-street Electric Vehicle Charging Stations -Generally. 12.14.020 Signage. 12.14.010 On-street Electric Vehicle Charging Stations -Generally. 1. Purpose. Curbside electric vehicle charging stations adjacent to on-street parking spaces are reserved for charging electric vehicles. 2. Size. A standard size parking space may be used as an electric vehicle charging station . 3. Location and Design Criteria . a. Where provided, parking for electric vehicle charging purposes is required to include the following : iT Signage. Each charging station space shall be posted with signage in accordance with RCW 46 ,08.185 . ...JFlsi6atiR§ tl'ilJii SPBIlIii i8 €JFlly fer el8fllA.G !Jehiels eRa~iFl§ ~lifll€JSQS i (;)aye aR8 h€Jwf€ ef 8",@fQti8Fl~Rall Be IA~lijoo€l if time limits @F t@!:\' a~! ~1l@V.~ FlS are te 69 eAf@~G . jl. Maintenance. Charging station equipment shall be maintained in all respects, including the functioning of the charging equipment. A phone number or other contact information shall be provided on the charging station equipment for reporting when the equipment is not functioning or other problems are encountered. iii. Accessibility. Charging station equipment located within a sidewalk shall not interfere with accessibility requirements of WAC 51-50-005. Iv. Clearance. Charging station equipment mounted on pedestals, light posts, bollards or other devices shall be a minimum of 24 inches clear from the face of curb. v. Lighting. Where charging station equipment is installed , adequate site lighting shall exist, unless charging is for daytime purposes only. 2016 Docket Enabling Ordinance Ord. # 2016-023 December 6,2016 Page 77 vi. Charging Station Equipment. Charging station outlets and connector devices shall be no less than 36 inches or no higher than 48 inches from the top of surface where mounted, and shall contain a retraction device and/or a place to hang permanent cords and connectors sufficiently above the ground or paved surface. vii. Charging Station Equipment Protection . When the electric vehicle charging station space is perpendicular or at an angle to curb face and charging equipment, adequate equipment protection, such as wheel stops or concrete-filled steel bollards shall be used . Appropriate signage indicating if backing in is allowed or not shall be posted. b. Parking for electric vehicles should also consider the following: i. Notification. Information on the charging station identifying voltage and amperage levels and any time of use , fees , or safety infonnation . ii . Signage . Installation of directional signs at appropriate decision points to effectively guide motorists to the charging station space(s). iii. Location . Placement of a single electric vehicle charging station is preferred at the beginning or end stall on a block face . 4. Data Collection . To allow for maintenance and notification, the local permitting agency will require the owners of any private new electric vehicle infrastructure station that will be publicly available (see definition "electric vehicle charging station -public") to provide infonnation on the station's geographic location, date of installation , equipment type and model, and owner contact information. ~rEl1 :2.14 .QHl: Iileolfio \~iwlo G~Qr~iR8 Stati8Fl QR SWet l Delete Figure} 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 78 December 6,2016 EV CHARGING STATION I (Ord.2011-013 ,2011) 12.14.020 Signage. PEDESTAL MOUNTED CHARG ING EQUIPMENT Signage shall be provided In accQrdance with RCW 46.08 .1 85. 1, M)(9~file& ef ii~R C8~~IRiiI~eR6 'iF 1!!188~S V8Ri&le C~al'SjA~ ~la118RIiL a. (;iiF8iti8RSI. (;iiF89tiiRils i§R8 iF8 &8 &8 IIS89 iR lesa:! rea"li iF RiSAW9¥8 &i ilrelit iR I/ire \s 'aIQilFi& v8RisI8 SRirSiR8 slaYeRs, +A8 98RliilUl\i8R 9t elR af)f)F8lJQ,Q elestAs "8R i&le SI::I9FSiRS sIali8R siSA i _A" iA iFF9W 8i~R ~Qy A8 "fii", is ,8R8WR 1i81ilfl 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 79 December 6,2016 b. ~e~RadliR§=Wilh.CRa~.ghiltl ~alie~t1I;Iij!lmQRt. Tfliseemi;iRQtiQR of si§fls i~;ie be \!S~ at ~8 kNalieR" 9f It;!iiI 6Rar~iR§ stelleR. +RQ rilSlBslris Vehiele QRar~iA§ ikit!iilFI" 8i§R Fl@{. lA8 CilJi'o'GF Qf tl:l& SflBeial statYsef IRQ Sf)a£@OIRB IRdie RarkiRg &igR sR9\"S tRat IRe &pa.se is rGse~'€H'j fir oi'largiR8 . ne maxiR;lliffi RijmoofQf '€lR6If9~@Hr&=all9WeQ eaR 69 Q*~iReQ By the ~9tt@m SigR , as !N@II ~$ IRQ he~lP~ ~~I.Rleffi9Rli 2016 Docket Enabling Ordinance Ord. # 2016-023 December 6, 2016 Page 80 (Ord. 2011-013, 2011) 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 81 December 6,2016 Exhibit E : Amendment 16-05 KCC Chapter 17.13 To Not Require Transferable Development Rights Credits on Developments Providing Affordable Housing 17.13.080 TOR Transfer Process. 1. TDR transaction transferring density credits from within unincorporated Kittitas County to within an incorporated city shall be reviewed and transferred using the city's development application review process . The transfer shall be subject to a TDR agreement between Kittitas County and the city. The County and any city located within the County may also establish by agreement general procedures for facilitating and completing TDR transactions transferring density credits from unincorporated Kittitas County to any such city. 2. Density credits shall be required for approved amendments to the Comprehensive Plan associated with receiving sites detailed in KCC 17.13 .030 1.a thru 1.h. Applications may be submitted without the purchase of density credits, but no final plat approval or other permits, if no land division is involved, for development associated with a TDR requirement shall be issued until the density credit requirement is satisfied . a. The tender of density credits is not a precondition for any amendment to the Comprehensive Plan , Zoning Map or proposed development to be approved . The density credits are required before the County issues final plat approval or permits, if no land division is involved, for any development of the additional units in the Comprehensive Plan amendment. The developer must submit the density credits when applying for the permit. b. The ordinance granting each Comprehensive Plan Amendment shall condition the approval upon the applicant's compliance with the requirement of development credits. 3. The required density credits may be acquired by: a. Purchasing density credits from certified sending sites ; b. Transferring density credits from certified sending sites owned by a receiving site owner; or c. Purchasing previously purchased, unexecuted TDR credits from another buyer. 4. All development using density credits must be in accordance with all other applicable laws and regulations. 5. The County may waive or modify the density credit requirements if it is determined by the Prosecuting Attorney that strict application of the requirement in a specific situation would result in an unconstitutional taking of property or a violation of the property owner's right to substantive due process. Modifications made under this provision shall be 2016 Docket Enabling Ordinance Ord. # 2016·023 Page 82 December 6, 2016 no greater than necessary to avoid the taking or substantive due process violation. The County shall provide written documentation supporting each application of the provision. 6. l2imsity credits -shall oot be required as a conditibn of project, permit approval when the development.contains condtlions requiring alleast 30% of the oroposed residential units be constructed as aff0rdable housing. For Ihe purposes of tbiS chapter. affordable houslho is defined as sioglefamily housing .which is affordable to be purchased .by low income individuals and families earning 80% of the area median Income at the lime-of purchase. Qr multjfamlly housing where the rental fee per month ,is no greate'r than 30% of the monthly income of the-indivIduals and families eaming 80% of the area median income at the time-of rental. Agreements -must also be In place betweeiJ the developer and I<ittijas County to assure that rental properties rema in affordable for a minimum Of 25 years. AreClJJledian income Is defined as the area median income for Kittitas County as determined by the United States Department of Housing and Urban Development. 7. For receiving sites listed in KCC 17.13.030, the exchange rate shall be as follows: Receiving Sites Urban Growth Areas Planned Unit Developments Rural Rezones Exchange Rate 1 TDR Credit = 2 Additional Units 1 TDR Credit Per 20 Acres of Receiving Site Area 1 TDR Credit Per 20 Acres of Receiving Site Area 8. Example: Owner A wishes to rezone 80 acres of land currently zoned Forest and Range to Rural-5 (receiving site). Owner 8 owns 640 acres of land zoned Commercial Forest (sending site). Owner 8's property is eligible for up to eight TDR credits (640 ac. /80 ac. = 8 or the total sending site acreage divided by the base density of underlying zoning). Owner A would be required to obtain four TOR credits from Owner B (4 x 20 ac. = 80 ac . or 1 TDR credit per 20 ac. of receiving site area). Owner B could then choose to retain the remaining four TDR credits or sell them to additional receiving sites , 2016 Docket Enabling Ordinance Ord . # 2016-023 Page 83 December 6,2016 E xhibit F : Amendment 16-06 KCC Chapter 17.70 To Meet Issues Ruled Upon by U. S. Supreme Court Regarding Sign Permits 17.70.040 Exempt signs. The following signs do not require a permit and are exempt from the application, permit, and fee requirements of this Title. This shall not be construed as relieving the owner of the sign from the responsibility of erecting and maintaining it in conformance with the intent of this chapter or other applicable law or ordinances. 1. Official flags, emblems and/or insignia and including the flagpole of any governmental unit and internationally or nationally recognized organizations; 2. Official and legal notices by any court, public body, persons or officer in performance of a public duty, or in giving any legal notice; 3, Directional, warning, regulatory, or information signs or structures required or authorized by law; or by federal, state, county, or city authority; 4.. Pgji:tiiiI4li~R8 R@t@)~Q@9il'l§ ~2) s~waf8 fest 'IffliGt.:I , ~wflRi 8 Gamf!ai!jA . ae\'mtlse .5 6ifl~igate f0F~ublilil iIootlve ' ~, a ~01~\.-~tu:tY I €IF p~m€ltg EI JiI@siti@1'l @f'Q Jly~Ug Issye, JiI(8';j€lQ9 s.ue~ si§1'I&'a1'€ Ret PSSW8 ht a ee~lAly r.j~~'"Wi¥9Fl€i ars FiJm8VSg witAIFltt.iirty~f€lMfFl8tfl8 el8mililR i i . S@Rstru8UeR aRB ~aI8stat8sj~~& Rilt 81(9@e!iiA!!j milt; ~Ne (32) sql:iere feet iR af9Bj 0.~. All temporary signs, provided such signs shall not be displayed for more than si){l)' (QQ). oeyeoDe year. and provided they do not exceed thirty-two square (32) feet in area; -7T~ Structures intended for a separate use such as phone booths, donation collection containers or other similar structu res; &~ Gravestones; 9;. L Non-commercial artistic images painted on or affixed to a building, including barn quilts & old commercial signs as long as the intent of the sign is that of decoration and not advertisement; ~ ~ Farm, ranch, or single family residence identification sign; ~ 1 O,Painting or repainting an advertising structure; changing the advertising copy message thereon, unless structural change is made; or replacing the illumination bulbs or equipment on a sign without changing illumination characteristics. ~ 11. One sign less than four (4) square feet in area not otherwise addressed within this ch<lpter; ~12. Farm product identification signs, provided they do not exceed ten (10) square feet in area; 2016 Docket Enabling Ordinance Ord. # 2016·023 Page 84 December 6, 2016 4+..1l. Grand openings and special event signs not exceeding thirty-two (32) square feet which would include banners, streamers and temporary signs, provided they do not exceed a period of more than thirty-five (35) days, and provided they do not obstruct pedestrian or vehicular travel; 45.1.4.. One (1) A-frame or sandwich board sign, provided the sign is no taller than forty-eight (48) inches and no wider than thirty (30) inches, and provided that one (1) such sign shall be allowed per business/use and only be placed in front of that business/use during business hours. 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 85 December 6, 2016 Exhibit G: Amendment 16-07 County Comprehensive Plan Table 2-1 and Zoning Map Kittitas County Comprehensive Plan -March 2016 Table 2-1 Land Use Designations and Corresponding Zoning Classifications with Acreage Type of Land Use Resource Rural Land Use Designations Commercial Agriculture Commercial Forest Mineral Rural Residential Rural Working Rural Recreation LAMIRDS 2016 Docket Enabling Ordinance Ord. # 2016-023 Page 86 Acres! Zoning Classification 291,614.3 Commercial Agriculture 800,511.3 Commercial Forest 5,745 Zoning Classification Varies 2 30,013 Agriculture 5 Rural 5 General Commercial Planned Unit Development 329,982 Agriculture 20 Forest and Range 10,535 Master Planned Resort General Commercial Highway Commercial Rural Recreation Planned Unit Development 1,168 Residential Residential 2 Agriculture 3 Agriculture 20 Rural 3 Rural 5 Limited Commercial General Commercial Highway Commercial Light Industrial General Industrial Foro!>t ;:md Range Rural Recreation 291,614 .3 800,511.3 5,750.7 11,932.5 18,228.2 4 .5 o 113,251.6 220,236.6 6,445.5 17.4 o 3,938.8 107.1 384.1 41.9 34.7 22.8 18.6 141.3 12.9 193.5 18.8 36.3 4.7 77.5 12.9 December 6,2016 Type of Land Use Urban Land Use Designations Urban 'Acreages are approximate. Zoning Classification Planned Unit Development 7,000 Residential Rural Residential Urban Residential Historic Trailer Court Agriculture 3 Rural 3 Rural 5 Limited Commercial General Commercial Highway Commercial Light Industrial General Industrial Forest and Range Planned Unit Development 139.6 140.3 o 2,522.9 24.2 213.8 408 14.1 3.8 103.6 50.6 1,645.9 607.9 iQilli 13.5 2Minerallands include lands zoned Commercial Agriculture, Commercial Forest, Agriculture 20, or Forest & Range. 2016 Docket Enabling Ordinance Ord. # 2016·023 Page 87 December 6, 2016 2016 Comprehensive Plan Update Map 2016 Docket Enabling Ordinance lOrd. #2016-0231 Page 881 December 6,2016 Current Zoning Classification 2016 Comprehensive Plan Update Map 2016 Docket Enab ling Ordinance lOrd . # 2016-231 Page 891 December 6,2016 Proposed Change of Classification ■ 1. L .r 1 il• i ti .ti 1� L 1r.% X•_ . 1 r.11' T ' ti . ■•f ; r' �. ,•e'• 1 � 0 00 F r� - 1 1 • 1 51 '� 90