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HomeMy WebLinkAboutOrd-2018-001BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON ORDINANCE NO. 2018 -001 REVISIONS OF KITTITAS COUNTY CODE AS PART OF THE 2017 ANNUAL COMPREHENSIVE PLAN AMENDMENT CYCLE. Whereas, this ordinance, revising Kittitas County Code, contains four sections of findings, as follows: Section 1- Section 11- Section III - Exhibits A-H 2017 Docket Enabling Ordinance Ord. # 2018·001 Page 1 Procedural Findings Board of County Commissioners Findings Final Decision and Signatures Changes to Kittitas County Code January 2, 2018 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 County Code 15B.03.030 requires amendments to the comprehensive plan or development regulations that are docketed by June 30th must be approved or denied 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 Kittitas County Code and made these proposals readily available for review by the public in Community Development Services and within the County's official website; and Kittitas County submitted its proposed docketed items on November 9, 2017 to the Department of Commerce as required by statute and received letter of receipt on November 13,2017 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 8, 2017, and issued a Final Determination of Non-significance (DNS) for the annual docket on November 13, 2017 through authority of WAC 197-11-355; and There were no agency or public appeals or reviews filed on the Determination of Non- significance; and Due public notice was placed upon the County official website and in the Daily Record on November 13, 2017; and The Planning Commission conducted a public hearing on November 28,2017 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 Whereas, After due notice and publication on official website and Daily Record on December 7 and December 14,2017, the Kittitas County Board of County Commissioners held an open public hearing on December 19, 2017, during which public testimony was taken 2017 Docket Enabling Ordinance January 2,2018 Ord. # 2018-001 Page 2 Whereas, Whereas, Whereas, from those persons wishing to be heard regarding the docket items being considered; 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 January 2,2018. SECTION II -BOARD OF COUNTY COMMISSIONERS FINDINGS General Findings: The Kittitas County Board of County Commissioners held a public hearing on December 19,2017 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: 2017 Proposed AMENDMENTS to Kittitas County Code Number Applicant Name 17-01 Kittitas County KCC 5.20 Board of Commissioners 17-02 Kittitas County 13.35.020 Board of Commissioners 17-03 CDS Building 14.04.020 Division 17-04 Kittitas County 16.08.186 Board of Commissioners 17-05 Kittitas County Title 16 CDS Plannin~ 2017 Docket Enabling Ordinance Ord. # 2018·001 Page 3 Planning Commission Project Description Recommendation Changes to event permit Recommendation requirements to Approve Vote 4-0 Exempt subdivisions from Recommendation Adequate Water Supply to Approve Determination requirement Vote 4-0 when they are for a government purpose which will render new parcels as non-buildable Addition of language for clarity Recommendation regarding building permit for Approval application submittal Vote 4-0 requirements Process subdivisions of up to Recommendation nine lots as short plats in urban to Approve growth areas Vote 4-0 16.09.080.1-Eliminate pre-Recommendation application requirement for Ag to Allilrove January 2, 2018 Division 17-06 Kittitas County Title 17 Board of Commissioners CDS Planning Division Raymond Boesch (Group Care Facilities) 17-07 Kittitas County KCC Title 6 Board of Commissioners 17-08 Kittitas County KCC Title 12 Board of Commissioners 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 4 short plat; 16.32.090-Correct Vote 4-0 short plat extension language, to state application shall be submitted at least 30 days 'prior' to expiration 17.08 -Add definition for Recommendation Interpretive center and RV to Approve Storage; 17.08.550 -Make Vote 4-0 clarifying changes to the definition of "non-conforming use;" 17.15-Add Manufactured home parks as an allowed use in general commercial, add interpretive centers as an allowed use in Ag 20 with an administrative conditional use permit, add Group Care Facilities to land use table, add "Commercial Activities Associated with Agriculture" into use tables per ordinance 2009-25; 17.15.060.1-Revise foot note 23: Hay processing to make clearer; 17.15.070- Footnote 24, take out a & b bullets: permitted ADUs in LAMIRDS and UGA clarification; 17.15.080-Add RV storage as permitted use in Urban and LAMIRD districts; and 17.61.040-require property line setback of 1.2 times the height of the structure for communication facilities/towers Creating a dog control Recommendation ordinance to Deny Vote 4-0 Provide notification to fire No districts for road variance recommendation applications; provide fairness Vote 2-2 standards for recusal and adherence to appearance of fairness doctrine January 2, 2018 17-01 Kittitas County Proposal: Amend KCC 5.20 Regarding Event Permit Requirements, Exhibit A. The amendment would require an event permit for any event where more than 100 people are expected to attend, and where a charge or contribution is required for admission or access. An admissions tax may be levied or imposed in accordance with KCC 3.22. The amendment also includes provisions for limiting admissions where the size of the crowd exceeds the applicant's estimated crowd size, and provisions for indemnity agreement and insurance . The Board of County Commissioners held a public hearing on December 19, 2017 and, by a 2-0 vote, approved the proposal with amendment 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 change meets the Growth Management Act and the objectives of the Comprehensive Plan. 17-02 Kittitas County Proposal: Amend KCC 13.35.020 to Exempt Subdivisions From Adequate Water Supply Determination Requirement When They Are for a Government Purpose Which Will Render New Parcels as Non-Buildable, Exhibit B. This amendment to KCC 13.35.020 would exempt subdivisions from the Adequate Water Supply Determination requirement of Title 13 when the subdivision is for a government purpose that would render the new lots as unbuildable. The Board of County Commissioners held a public hearing on December 19, 2017 and approved the request with amendment by a 2-0 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 change meets the Growth Management Act and the objectives of the Comprehensive Plan. 17-03 Kittitas County Proposal: Amend KCC 14.04.020 to Provide Minimum Building Permit Application Submittal Items, Exhibit C. This amendment to Title 14 would clarify minimum submittal requirements for building permit application and construction plan submittals . This would codify the current practice of requiring site plans, floor plans, foundation plans, roof framing plans, elevations, cross sections, and construction details. The Board of County Commissioners held a public hearing on December 19, 2017 and approved the request as presented by a 2-0 vote, finding that: I. The Planning Commission recommended approval to the Board of County Commissioners with a vote of 4-0. 2017 Docket Enabling Ordinance Ord. # 2018·001 PageS January 2, 2018 II. No public testimony for this proposal was received. III. The change meets the Growth Management Act and the objectives of the County's Comprehensive Plan. 17-04 Kittitas County Proposal: Process Subdivisions of Up to Nine Lots as Short Plats in Urban Growth Areas, Exhibit D. This amendment would allow administrative short subdivision review for up to nine lots within any urban growth area. This would match what is allowed in state law for short subdivision review. The Board of County Commissioners held a public hearing on December 19, 2017 and approved the request as presented by a 2-0, 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. This amendment would make Kittitas County Code consistent with state law. IV. The change meets the Growth Management Act and the objectives of the Comprehensive Plan . 17-05 Kittitas County Proposal: Amending KCC Title 16 to Eliminate Pre-application Requirement for Ag Short Plat and to Correct Short Plat Extension Language, Exhibit E. This amendment would Delete KCC 16.09.080(1) and KCC 16.09.080(5)(a)(i)&(ii), thereby eliminating the requirement for a pre-application conference for an Agricultural short plat. A pre- application conference is not required for a standard short plat. A pre-application conference would still be required for Conservation and Cluster plats in accordance with KCC 15A.03.020. This amendment would also clarify that a plat extension request is due at least 30 days prior to expiration, rather than "within 30 days before" expiration as the code currently reads. The Board of County Commissioners held a public hearing on December 19,2017 and approved the request as presented by a 2-0 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 change meets the Growth Management Act and the objectives of the Comprehensive Plan. 17-06 Kittitas County and Citizen-Initiated Proposal: Proposed Amendment to KCC Title 17, Exhibit F. The following amendments are proposed to KCC Title 17: • 17.08-Add definition for Interpretive Center • 17.08-Add a definition for RV Storage • 17.08.550-Make clarifying changes to the definition of "non-conforming use" 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 6 January 2,2018 • 17.15-Add Manufactured home parks as an allowed use in General Commercial zoning district • 17.15-Add interpretive centers as an allowed use in Ag 20 with an administrative conditional use permit • 17.15-Add Group Care Facilities to land use tables • 17.15-Add "Commercial Activities Associated with Agriculture" into use tables per ordinance 2009-25 • 17.15.060.1-Revise foot note 23 : Hay processing to make clearer (add comma) • 17.15.060.1-Add RV Park as a CU in Rural non LAMIRD , PUD zone, approved via ordinance No.2016-023 • 17.15 .070-Footnote 24 , take out a & b bullets: permitted ADUs in LAMIRDS and UGA clarification • 17.15 .080-Add RV storage as permitted use in Urban and LAMIRD zoning districts • 17.61.040-Addition of property line setback of 1.2 times the height of the structure for communication facilities/towers The Board of County Commissioners held a public hearing on December 19, 2017 and approved the request with amendment by a 2-0 vote, finding that: I. The Planning Commission recommended approval of the proposal to the Board of County Commissioners with a vote of 4-0. II. No public testimony for this proposal was received . III. The change meets the Growth Management Act and the objectives of the Comprehensive Plan. 17-07 Kittitas County Proposal: Amendment to KCC Title 6 to Create a Dog Control Ordinance, Exhibit G. This amendment would adopt a new dog control ordinance for Kittitas County. The Board of County Commissioners held a public hearing on December 19 , 2017 and approved the request with amendment by a 2-0 vote finding that: I. The Planning Commission recommended approval to the Board of County Commissioners with a vote of 4-0. II . Public testimony was received in support of the proposed dog control ordinance. III. The amendment would protect the public, ensure that dog owners are responsible and accountable, and provide the Sherriff s Office with tools for enforcement. 17-08 Kittitas County Proposal: Amendment to Title 12 Road Variance Provisions, Exhibit H. This amendment to KCC Title 12 would provide notice to fire districts of road variance applications and would provide Road Variance Committee standards for recusal and adherence to the appearance of fairness doctrine . The Board of County Commissioners held a public hearing on December 19,2017 and approved the request as presented by a 2-0 vote, finding that: 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 7 January 2,2018 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 change meets the Growth Management Act and the objectives of the 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 the event permit requirements, as shown in Exhibit A. BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves amendment to KCC 13.35.020, exempting subdivisions from the Adequate Water Supply Determination requirement when the land division is for a government purpose that will render new parcels non-buildable, 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 14 providing minimum building permit application submittal items, as shown in Exhibit C. BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves an amendment to KCC 16.08.186 to allow processing of up to nine lots as a short subdivision in urban growth areas, as shown in Exhibit D. BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves amendments to KCC Title 16 to remove pre-application conference requirement from Ag short plats, and to correct short plat extension language, as shown in Exhibit E. BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves amendments to the definitions, land use tables, and standards in KCC Title 17, as shown in Exhibit F. BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves amendment to KCC Title 6 adopting a Dog Control Ordinance, as shown in Exhibit G. BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves amendment to the road variance provisions of KCC Title 12, as shown in Exhibit H. NOW, BE IT FURTHER ORDAINED that the Board of County Commissioners, after due deliberation, hereby approves the adoption of the 2017 Amendments to the Kittitas County Code as shown in Exhibits A through H attached hereto and incorporated by reference. Information Services is hereby directed to make these changes to the regulations on the County website. The Community Development Services Director and Prosecuting Attorney are authorized to correct any scrivener's errors without Board approval. 2017 Docket Enabling Ordinance Ord. # 2018·001 Page 8 January 2,2018 Adopted this _..;.2=n=d __ day of __ J!.'Ja""n..."u"",arv'-J-__ " 2018, at Ellensburg, Washington. APPROVED AS TO FORM: Neil Caulkins, Civil Deputy signing for Gregory L. Zempel Prosecuting Attorney 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 9 BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Vice-Chairman January 2, 2018 Exhibit A: Amendment 17-01 Amendments to Event Permit Requirements 5.20.010 Basic clause. It is unlawful for any person, corporation, organization, landowner, or lessor to allow, encourage, organize, promote, conduct, permit or cause to be advertised an entertainment, amusement, sporting event, or show or assembly of persons wherein the primary purpose will be entertainment, amusement, sporting event, or show , which the person, corporation, organization . landowner. or lessor believes or has reason to believe will attract one bundred (1 00) or more persons , and where a charge or contribution is required for admiss io n or access, -u nless a valid county permit has been obtained for the operation of said public amusement, entertainment or assembly, One such permit shall be required for each public entertainment or other amusement events. An admissions tax shall be levied or imposed on said event In accorda nce with KCC chapte r 3.22 . -Criminal or civil liability for failure to comply with the provisions of this chapter shall rest in all persons, corporations, organizations, landowners or lessors who are responsible for obtaining permits under this section. (Ord. 2009-22, 2009; Ord. 99-06, 1999; Ord. 9217, 1992; Ord. 69-11 § 2, Vol. 0, p. 129, 1969) 5.20.015 Exceptions. The requirement of KCC 5.20.010 to obtain a permit shall not apply to: 4:.Qe..MiAimis Exception -P<*&eAS;-69F~ralIGf.ls,Gf§cH\lzaUons , laA6ow~F-I~ie¥lng that aA e¥eAl-faUi ~AEleF-KCC 5.2Q.01 0 wil~ a",,-acWe&~a~ill-GGmWw~t~l:JAty-9r4jflaAse&-aAG-Iaw&-Gf..tAe-State-ef-WasAiAgtGA; assllmjn~WGR-geli~seI*,bl&:- 21.Conditional Use Permit Exception Events that occur on a parcel or parcels with a valid Conditional Use Permit that specifically contemplates and authorizes such gatherings .Qf-moFe-lMR-3GO-f)er-seAs . 3f..The Kittitas County Fair, events conducted on the Kittitas County Fairgrounds, or Events conducted by Kittitas County or its subdivisions . 4~,Events held in connection with and upon the same lot as a building that has been permitted, including a passing final inspection, for occupancy of at least as many individuals as are reasonably antic ipated at the event, inclusive of any persons that will be at the building or on the lot even if not in connection with the event. Provided that such building has received a passing fire and life safety inspection from the Kittitas County Fire Marshall's Office within the last year. Note: The exceptions in this section only waive the requirement of obtaining a permit found in KCC 5.20.015, not the requirement for a public assembly/special event permit from the Fire Marshal, or any other requirement of this 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 10 January 2, 2018 Chapter or State or local law. (Ord. 2009-22, 2009; Ord. 99-06, 1999; Ord. 9217, 1992; Ord. 69-11 § 2, Vol. 0, p. 129, 1969) 5.20.020 Permit application· Approval· Denial. Written application for event permits shall be made to the Board of County Commissioners and the application must be submitted 60 or more days prior to the day upon which such event is to be or may be held. When available, the application should include a completed Event Application Form. Approval or denial of permits as provided for in this chapter shall be made within 45 days after application. The board of county commissioners may waive or shorten any deadlines set out in this chapter upon the request of the applicant. Denial of the permit or waiver or shortening of deadlines by the Board of County Commissioners shall be in writing with reasons for the same stated therein. Any denial of the permit shall be subject to appeal to the superior court by action filed within 10 days of the denial. When any type of physical facility is required or subject to approval hereunder, preliminary approval may be granted based upon specific plans proposed and submitted by the applicant. All such facilities shall be in existence five or more days before event for which an application is submitted shall begin and shall be subject to inspection by the approving agencies or departments at their convenience. The inspections shall be made and approval or disapproval granted on or before the fifth day preceding the event. Failure to act by the County within said period constitutes a waiver of the before mentioned inspection by the County. Should the actual facility or construction fail to meet the standards approved in the proposed plans, such preliminary approval shall be withdrawn and any and all permits granted subject to such approval shall be withdrawn. No inspection fee or approval fee shall be charged other than the general permit fee required hereunder. Every application made under this chapter shall be accompanied by plans for sanitary facilities, food and drink services and facilities, solid waste disposal, fire safety and protection, traffic control, parking, security, liability insurance and a statement of the anticipated impact, including noise, of the public entertainment, amusement or assembly on the citizens and public agencies of Kittitas County. Upon receipt of the application, the clerk for the Board of County Commissioners shall submit copies of the application to the following officers, agencies or elected officers of Kittitas County or other governmental or regulatory agencies for their input on the following: 1.The County Health Officer regarding the plan for sanitary facilities, food and drink services and facilities; and 2.The County Fire Marshal regarding fire protection and safety; and 3.The County Sheriff regarding traffic control, parking, security, noise and any other health and safety problems; and 4.The County Prosecuting Attorney regarding liability insurance; and 5.The County Public Works Department regarding potential impacts on roads; and 6.Tha County Solid Waste Programs Department regardi ng so li d waste disposa l; and : 7. The County Auditor regarding ttle levy and imposition of any admissions tax pursuant to Kee chap ter 3.22. 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 11 January 2,2018 The application must provide written approval of any other federal, state or local agency if the application involves an event, activity or instrumentality regulated by such agency. If any of the above county officers, agencies or elected officials of Kittitas County do not approve of the portions of the applicant's plans submitted to them; they shall set forth in writing the details supporting their disapproval. 5.20.085 -Rig ht to limi t furt her admissions. If at anv "me during said event the size of the crowd exceeds by 20 percent (20%) the number of persons represented by the applicant to be expe0ted in attendance, the Kittitas County Sheriff shall have the discre ti on \0 require the applicant to limit further admissions. (1) The app licant shall agree thai if the perm it is granted. the following indemni ty agreement app li es to the event: the applicant sha ll assume th e risk of all damage, loss, cost. and expense to defend, hold harmless and Indem nify th e county and its el ecte d and apPOinted officials, officers, and emp loyees from and against any and all liability which may accrue to or be sustained by Kittitas Co un ty , except fo r th e sole neg li gence and will ful misconduct of Kittitas Co unty a~d its emp loyees. (2) A certificate of insurance . and accompanying endorse ment. shall be filed wlth the county prior to the Issuance of the permit which names Kittitas County, its officers and empl oyees, as an additional insured party with respect to acti vities in connection wit h this permit for no less than $1,000 ,000 pe r oc curr ence . The county shall approve the certificate and may impose other Insurance re.Quirements, as deemed necessary by the county . 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 12 January 2,2018 Exhibit B: Amendment 17-02 Amendment to Adequate Water Supply Determination Requirement 13.35.020 Applicability. All new uses of water must comply with KCC 13.35.027 -Permanent Measures. An Adequate Water Supply Determination is required of all persons who are : 1. applying for a building permit with either: a. a proposed new structure which will have potable water or b. a proposed change in the number of dwelling units for any existing structures (such as making a single family structure into a duplex); or c. a replacement or rebuild of a building with potable water; or d. changes to a pre-existing water system that adds fixtures; or 2. making appl ications for land uses that require water, including but not limited to, long plats , short plats , binding site plans, large lot subdivisions, or conditional uses .--However. an adequate water supp ly de termination is nol required for long plats . short plats. binding site plans and lor large lolsubdivisions when app li cations for such are being submitted by a government or guasi-qovernmen! agency or by another party when the property being utilized to create new parcels as part of the long pial, short plat. binding site plan or large lot subdivision is Included in a purchase contract between the party and a government or quas i-government ageney and the new parcels will not require water. Evidence that the new parcels will not req uire water may be provided in the form of a conservation easemen\, plat notes which do not allow development which requires water . or ano lher form satisfactory to Ihe county heallh officer and pla nning official that wa ter will not be requ ired for the resulting land use. An Adequate Water Supply Determination shall not be required for building permits : 1. On lots created through formal platting and utilizing an approved Group A water system operated within an incorporated areas or Master Planned Resort of Kittitas County; or 2. On lots that do not require a change in the water system ; or 3. On structures which will not have potable water plumbing . Kittitas County hereby finds that new uses of groundwater that are not mitigated in the Yakima River drainage basin threaten to interfere with senior water rights and stream flows creating a public health and safety threat that warrants elimination of all vesting under RCW 58.17 .170 (3) for this chapter . Kittitas County hereby eliminates all such vesting 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 13 January 2,2018 pursuant to the authority granted in RCW 58.17.170(3) for this chapter. (Ord . 2017-007, 2017; Ord. 2015-010, 2015; Ord. 2015-007 , 2015; Ord . 2014-005, 2014; Ord. 2011-006, 2011) 2017 Docket Enabling Ordinance Ord. # 2018·001 Page 14 January 2,2018 Exhibit C: Amendment 17-03 Amendment to Building Permit Submittal Requirements 14.04.020 General requirements. 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 . Build ings and structures require site plans . noor plans, foundation plans, roof framing plans , elevatlons, cross sections and construction details at a minlmum . 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: 1. Plans drawn to a minimum of 1/4" scale on minimum page size of 11" x 17". 2. Plans must have clear and readable text. Permit application in compliance with RCW 19.27.095 and RCW 19.27.097. 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 15 January 2, 2018 Exhibit D: Amendment 17-04 Amendment Short Subdivision Definition 16.08.186 Short Subdivision. "Short subdivision" means the division or re-division of land outside any urba n growth area into four (4) or fewer lots, tracts, parcels, sites or divisions, for the purpose of sale, lease, or transfer of ownership-any-ene..ef-wRiGhls 16SS IhaA twe~~. Short subdiv ision means the division or re-dlv iSlon of la nd insi de any urb an gro wth area Into nine (9) or fewer lots . tracts . Daree /s. sites or divisions. for the purpose of sa le. lease ) or transfer of owners hi p. 2017 Docket Enabling Ordinance Ord. # 2018·001 Page 16 January 2, 2018 Exhibit E: Amendment 17-05 Amendments to Title 16 16.09.080 Process for Approval +:-P-r~eH~HtJamill1R§' A-aPf:lfiGalwH ha--af)llliGcl! 11-6 lal~wtHlil-a-feqUElst Gr-a.Pre~Jlf1hGaliQH-GonferffnGe-wiin .the~l aff ef-Gommlln lly Qevel0~m8nl Ser:vise . (GQS),...GQS wil l Sf;he.f:lH le lhe pre-app llGB tion ·GQnf9f"enGe aAEI~HV ile-olhel'-OOllA y-EIst)()rul~€I~nd~tIt&lOO-agensle.s.a.s.app~r~ala-lG-fel/lew-ane.offeF~mm&ms regaKlin§ \/19-C1W1iGatiol'l-aflQ G-3S st hfl pplisaflt-in lhe appropriale process; &'LSubmit preliminary Cluster Plat or Conservation Plat map in conformance with requirements in KCC Chapter 15A Project Permit Application Review, KCC Chapter 16.12 Preliminary Plats or KCC Chapter 16.32 Short Plat Requirements, as applicable, and Title 12 Road Standards. ~L Cluster Plats and Conservation Plats are to be processed as a short subdivision or subdivision, depending on the number of lots proposed, and are subject to the review process as provided for in KCC Title 15A Project Permit Application Process. 4.-1 . ..Final Cluster Plat or Conservation Plat approval must be in conformance with KCC Chapter 16.20 Final Plats. M_!.'process for Approval of Agricultural Plats a. Agricultural Plats I. -I2FlQl'-kl tlllm i llRg·a(HlfJpn"ahon -t~e-af)pIiGan -and t e.-G~tu~ l:ta l!4Glrl-a .pra-applir.afiGI1 meeting. ih---Af4e ' Ule pr-e-a~)pIiEa G~ .meetfflg-~~)1hGaRH.hall-&t:lbfflil an-a~RGullu!'al j:IIat-9ase9-9A- JO~tlo Ad iRplil-uOOl the GOl:ln y-at-U'la ~r:e-a ppli satlon mead !'I , *'1. The Agricultural Plat shall be processed as a short plat or long plat as defined in Title 16. &.-hDocumentation shall be submitted by the applicant stating how the proposed development meets the intent of KCC Chapter 16.09. 16.32.090 Expiration A final short plat meeting all requirements of this chapter shall be submitted and approved within the timeframe specified by RCW 58.17.140 . Failure to do so will result in the short plat being expired and no longer valid. No further action is necessary regarding an application once the short plat has expired pursuant to this chapter. Any applicant who files a written request with the administrator wlt-h Ft-3O-mty&-hefere-at least 30 days pri or to the expiration date, showing that the applicant has attempted in good faith to submit the final short plat within the time period and that the associated fees are paid, shall be granted a one-year extension. Such an extension can be requested and granted five times. (Ord. 2010-014 , 2010) 2017 Docket Enabling Ordinance Ord. # 2018·001 Page 17 January 2, 2018 Exhibit F: Amendment 17-06 Amendment to Title 1 7 17 .08 Definitions RV Storage : a commercial indoor and or outdoor space/area used to store recreational vehicle for any amount of time. Interpretive Ce nter : An institution for disseminallon of knowledge of natural or cultural heritage of the surrounding area . 17.08.165 Commercial Activities Associated with Agriculture. "Commercial Activities Associated with Agriculture" means any commercial endeavor as-96fi AeEi tn KCC 17.0~iQ,afla including the custom fabrication and construction of products or materials, as well as services which are in support of, or supplemental to agricultural activities. Such use 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. 17.08.263 Group care facility. "Group care facility" means living quarters for children or adults meeting applicable Federal and State standards that function as a single housekeeping unit and provide supporting services, including but not limited to counseling, rehabilitation, and medical supervision, not exceeding more than twenty (20) residents aAd-ind ud in g staff. If staffed by nonresident staff, each twenty-four (24) staff hours per day equals one (1) full-time residing staff member for purposes of determining number of staff. (Ord . 2013-001 , 2013; Ord. 2007-22, 2007) 17 .08.550 Use "Use" means the purpose for which land or building is arranged, designed or intended. 1."Permitted use" means a use allowed outright within a zone classification. 2."Permitted Administrative use" means a use which may be permitted within a zone classification following review under the provisions of KCC Chapter 17.60B. 3."Administrative Conditional use" means a use which may be permitted in a zone classification following review under the provisions of KCC Chapter 17.60A. 4."Conditional use" means a use which may be permitted in a zone classification following review and hearing under the provisions of KCC Chapter 17.60A. 5 ~N0nG9n forll1in9' use" InBaHS a-tlS e. whiG! a QLstructure, thaI Was legally established according to the applicable loning and/or building regulations of the time . but which does not meel current zoning and /or bu il ding regula lions. BuildiR9'er-JaAd-w8 lawfu ll y-put at Ih 'me-thi rsso lt! len he came effsGtive.eu vhiGh is-nGt-8i*lfRlitted-Hse-in-lhe ar~ iRwl~l-iG-IQf.ate . 6."Prohibited use" means those uses not specifically enumerated as allowed uses under the provisions of KCC Chapter 17.15. (Ord. 2013-012, 2013; Ord. 2013-001, 2013; Res. 83-10,1983) 17.15 Allowed Uses 17.15.050.1 Resource Use Table 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 18 January 2, 2018 P Permitted PA Permitted Administrative CU Conditional Use ACU Admin. Conditional Use 'See KCC Chapter 17.08 Definitions A. Agriculture Animal boarding· Agricultural Enhanced Uses' Agriculture PIo.cessing"" Agriculture production" Agrioulture sales', Produce Farm Agrim.ll\ure sales Dairy Feedlot· Grazing· Marijuana Process i ng ~ Marijuana Production' Marijuana, retail sales' Nurseries Rlding academies Small-scale event facility" U-PicklU-Cut Operations" Farm Visit' 'Commercial Acllvities associated wilh agriculture' B. Civic Cultural Uses Cemetery Clubhouses , fraternities and lodges · Cultural and educational faollilies Libraries Meeting facilities Museums and _galleries Religious institutions' School , public or private' Interorelive Cenle~ C. Commercial Auction sales of non-agricultufe products Bank Bed and breakfast" Clinic' Day care facilities · Funeral home/mortuary Hospital' Hospital , animal or veterinary · Hotel/motel Office" 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 19 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 AC Commercial Commercial Agriculture Forest p13 AC24 CU CU12 Commercial Commercial Agriculture Forest AC January 2,2018 P Permitted PA Permitted Administrative CU Conditional Use ACU Admin. Conditional Use "See KCC Chapter 17.08 Definitions Restaurant Retail sales ," general Retail sales," lumber and building materials Retail sales: vehicles and equipme nt Services Shooting ra'lge* Taverns Temporary sales office Vehi cle/equipment service and repair* D. Industrial Airport' AsphalUconcrete plants Forest product proce.ssing' (portable) Forest product pro~essing· (permanent) Freighting and trucking yard or terminal" Hazardous waste storage" Hazardous waste treatment" Impound/towing yard" Junkyard" Manufacturing" Mini·warehouse RV Storage Refuse dispo_salJrecycle * Research laboratories Wastewater treatment Warehousing and distribution Wholesale business E. Recreation C_ampground Golf course " Guest ranch or Guest Farm" 2017 Docket Enabling Ordinance Ord. # 2018·001 Page 20 Resource Commercial Commercial Agriculture Forest CU 23 ~U 23 P 22 Commercial ~ommercial Agriculture Forest P 20 Ip 21 p ~U CU ~U PA 27/ CU 26 Commercial ~ommercial Agriculture Forest ~U 18 CU January 2, 2018 P Permitted PA Permitted Administrative CU Conditional Use ACU Admin. Conditional Use ·See KCC Chapter 17.08 Definitions Parks and playgrounds" Recreation, indoor" Recreation, outdoor" Recreational vehicle storage Stadium Trails F. Residential Accessory dwellin g unit" Accessory living quarters· Adul t famil y home " Boarding house Convalescent home Dwelling, single-family" Dwelling, two-family" Dwelling, multiple-family" Farm labor she~er" Group home " Group Care Facility" Home occupation" Manufactured home" Manufactured home park Mobile home Special care dwelling" Temporary trailers G. Resource Forestry_* Forest product sales* Mining and excavation" Rock crushing" H. Utilities and Public Facilities 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 21 Resource Commercial Commercial Agriculture Forest P 15 P 18 PA PA Commercial ~ommercial Agriculture Forest p4 pa p.!Q P 10 P P P CUf p8 P§ P P p6 1'6 p7 p7 p11 p11 Commercial Commercial Agriculture Forest P P P CU 14 P P Commercial Commercial Agriculture Forest January 2,2018 P Permitted Resource PA Permitted Administrative Commercial Commercial CU Conditional Use Agriculture Forest ACU Admin. Conditional Use ·See KCC Chapter 17.08 Definitions Electric vehicle infrastructure' p3 p3 Public facilities' PA 19 PA 19 Utilities P 1 IACU 1/CU 1 P 1/ACU 1 ICU 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. S. 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; 2017 Docket Enabling Ordinance Ord. # 2018·001 Page 22 January 2, 2018 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. 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 Sheriffs Department. In considering 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 23 January 2, 2018 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 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 sales are provided. 30. Agricultural Enhanced Uses which include eating and drinking establishments and/or event facilities for seminars or other social gatherings are limited to 4,000 square feet of total indoor floor area . 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 24 January 2, 2018 17.15.060.1 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 Ag 549 Chapter 17.08 Definitions A. Agriculture Agricultural Enhanced Uses' Animal boarding' P Agriculture CU23 processing' Agriculture p24 production' Farm Stand: P22f AC51 Agriculture CU Sales,' Dairy CU Feedlot' 2017 Docket Enabling Ordinance Ord. # 2018-001 Page2S Rural Working Rural 54 9 Ag 2049 p55 p P CU23 P P P22f ACS 1 p22f ACS 1 CU CU CU CU Rural Rural Recreation Residential & Rural Recreation Forest & Master General Rural PUD Range Planned Commercial Recreation p55 p55 P CU CU CU" P p24 p24 p24 p24 p24 P22f AC51 P22f ACS 1 P p22f AC51 p22f ACS 1 P CU CU CU CU CU" January 2, 2018 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 Grazing' P Marijuana processing' Marijuana production> Marijuana, retail sales' Nurseries P Riding CU academies Small-scale AC 45tCU event facility' U-PicklU-Cut P / AC51 Operations ' Farm Visit CU 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 26 Rura l 549 P AC45/CU CU CU Rural Rural Rural Working Recreation Residential & Rural Recreation Ag 2()49 Forest & Master General Rural PUD Range Planned Commercial Recreation P P P P P P P CU" P CU CU CU CU AC45/CU AC45/CU P / ACS1 P / ACS 1 CU ACS 1 AC51 CU CU CU p52 January 2, 2018 L- P Permitted Rural Non-LAMIRD PA Permitted Administrative Rural CU Condifional Residential Use ACU Admin. Conditional Use *SeeKCC Ag 549 Chapter 17.08 Definitions Commercial Activities AC associated with agriculture' B. Civic Uses/Community Services Cemetery p21 Clubhouses, AC44 fraternities and lodges* Cultural and education facilities Libraries Meeting facilities Museums and galleries 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 27 Rura l 549 p21 AC44 Rural Rural Rural Working Recreation Residential & Rural Recreation Ag 2049 Forest & Master General Rural PUD Range Planned Commercial Recreation AC ! p21 CU" AC3 AC35 AC AC P P CU3 CU P CU January 2, 2018 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 Religious CU institutions Schools, public p25 or private* Interpretive Center" C. Commercial Auction sales of non-agriculture products Bank Bed and AC breakfast" Clinic' Day care facilities* ---- 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 28 - Rural Rural Rural Working Recreation Residential & Rural Recreation Rura l 549 Ag 2049 Forest & Master General Rural PUD Range Planned Commercial Recreation CU CU CU CU CU p25 CU CU AC AC AC CU CU AC AC AC-AC January 2, 2018 P Permitted Rural Non-LAMIRD PA Permitted Administrative Rural CU Conditional Residential Use ACU Admin . Conditional Use * See KGG Ag 549 Chapter 17.08 Definitions Funeral home/mortuary Hospital* Hospital, animal or veterinary* Hotel/motel Office" Restaurant Retail sales,* general Retail sales: lumber and building materials Retail sales: vehicles 2017 Docket Enabling Ordinance Ord. # 2018·001 Page 29 Rural Working Rura l 549 Ag 2049 CU Rural Rural Recreation Residential & Rural Recreation Forest & Master General Rural PUD Range Planned Commercial Recreation CU CU 6 p 17 CU36 P CU CU CU36 p CU18 CU18 - January 2, 2018 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 Services Shooting range' Tavern Temporary sales office Vehicle /equipment p16 service and repair* D. Industrial Airport' CU AsphalUConcrete plants Forest product p processing* (portable) Forest product 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 30 Rural 549 p Rural Rural Rural I Working Recreation Residential & Rural Recreation I ! Ag 2049 Forest & Master General Rural PUD Range Planned Commercial Recreation I p20 Cuso I CU31 CU"31 CU31 CU36 P CU p I p16 CU36 p42 p42 CU CU CU CU CU CU37 CU CU 35 I CU CU" January 2,2018 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 processing" (permanent) Freighting and trucking yard or terminal' Hazardous waste storage* Hazardous waste treatment" Impound/towing yard' Junkyard" Manufacturing' Mini-Warehouse RV Storage 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 31 Rural 549 I I Rural Rural Rural Working Recreation Residential . & Rural Recreation Ag 2()49 Forest & Master General Rural PUD Range Planned Commercial Recreation CU 14 CU January 2, 2018 I 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 Refuse disposal Irecycle* Research laboratories Wastewater treatment Warehousing PA47 and distribution Wholesale business E. Recreation Campground* CU12 Golf course* CU Guest ranch or CU guest farm* 2017 Docket Enabling Ordinance Ord. # 2018·001 Page 32 Rura l 549 PA47 CU1 2 CU CU Rural Rural Rural Working Recreation Residential & Rural Recreation Ag 2049 Forest & Master General Rural PUD Range Planned Commercial Recreation CU 19 I PA47 ICU46 PA47 CU12 CU12 p54" CU13 CU12 CU12 CU CU CU" CU CU CU CU" CU , January 2, 2018 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 Parks and P playgrounds' Recreation, indoor' Recreation, AC outdoor' Recreational CU vehicle park' Recreational vehicle storage Stadiums Trails PA Ag 551 F. Residential 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 33 Rural Working Rural 549 Ag 2049 P p3 AC CU CU PA PA Rural 551 Ag 20 51 --- Rural Rural Recreation Residential & Rural Recreation Forest & Master General Rural PUD Range Planned Commercial Recreation P P P P P P CU CU p26 CU AC AC AC p26 CU CU Qd CU p26 PA PA PA PA PA Forest & Master General Rural PUD Range 51 Planned Commercial Recreation -- January 2, 2018 P Permitted Rural Non-LAMIRD PA Permitted Administrative Rural CU Conditional Residential Use ACU Admin . Conditional Use 'SeeKCC Ag 549 Chapter 17.08 Definitions Accessory PA27 dwelling unit' Accessory living p28 quarters' Adult family p41 home' Boarding house Convalescent home Dwelling, single-p33 family' Dwelling, two-p family' Dwelling, multiple-family' Farm labor CU4 shelter' 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 34 Rural Working Rura l 549 Ag 2049 PA27 PA27 p28 p28 p41 p41 CU29 CU p40 P p3 CU4 Rural Rural Recreation Residential & Rural Recreation Forest & Master General Rural PUD Range Planned Commercial Recreation PA27" PA27 PA27 P28"" p28 p28 p28 p41 p41 p41 p41 p41 I CU 29 ti CU"" p34 p1 PA2 P P p34 p1 CU P P1 P CU4" I January 2, 2018 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 Group home' CU I Gro uoC are CU§§. Facilitv~ Home P/CU5 occupation' Manufactured P home' Manufactured home park Mobile home p38 Special care p30 dwelling' Temporary trailer p7 G. Resource Forestry' p 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 35 Rur al 549 CU CU P/CU5 ~ ~ P p38 p30 p7 p Rural Rural Rural Working Recreation Residential & Rural Recreation Ag 2049 Forest & Master General Rural PUD Range Planned Commercial Recreation CU CU§§. CU CU P/CU5 P/CU5" P/CU5 P/CU5 P/CU5 P P" P PA2 P P E p34 p30 p30 CU 30 p30 p7 p7" p7 p7 p7 p7 P p 34 January 2, 2018 P Permitted Rural Non-LAMIRD PA Permitted Administrative Rural CU Conditional Residential Use ACUAdmin . Conditional Use 'SeeKCC Ag 549 Chapter 17.08 Definitions Forest product sales' Mining and CU excavation" Rock crushing" Ag 551 H. Utilities and Public Facilities Electric vehicle p32 infrastructure" Public facilities" PA53 Utilities P 9 IACU9 ICU 9 Watershed PA management activities" 2017 Docket Enabling Ordinance Ord. # 2018·001 Page 36 Rural Working Rura l 549 Ag 2049 CU39 CU CU39 Rur al 551 Ag 2051 p32 p32 PA53 PN3 P 9/ACU 9/CU 9 P 10 IACU10 ICU 10 PA PA I Rural Rural Recreation Residential & Rural Recreation I Forest & Master General Rural PUD I Range Planned Commercial Recreation , P p34 I p34 Forest & Master General Rural PUD Range 51 Planned Commercial Recreation p32 p32 p32 p32 p26 PA53 PA53 PN3 PA53 PA53 I P 9 IACU9 ICU 9 P 11/ACU 11 /CU 11 P 9/ACU 9/CU 9 P 9/ACU 9/CU 9 P 9/ACU 9/CU 9 PA PA PA PA I January 2,2018 P Permitted Rural Non-LAMIRD PA Permitted Administrative Rural CU Conditional Residential Use ACUAdmin. Conditional Use *SeeKCC Ag 549 Chapter 17.08 Definitions 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 37 I Rural 549 Rural Rural Rural Working Recreation Residential & Rural Recreation Ag 2()49 Forest & Master General Rural PUD Range Planned Commercial Recreation January 2, 2018 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 by the campground (Le. health, water, sanitation). 2017 Docket Enabling Ordinance Ord. # 2018·001 Page 38 January 2, 2018 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 oft-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 oft-street parking; 2017 Docket Enabling Ordinance Ord. # 2018·001 Page 39 January 2,2018 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. 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 off-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 . 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 40 January 2,2018 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. 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 include eating and drinking establishments and/or event facilities for seminars or other social gatherings are limited to 4,000 square feet of total indoor floor area. 56 . Only allowed as a conditional lise when primary use of land is agriculture . 17.15.070 Allowed Uses in Rural LAMIRD Lands. Note to Reader: All allowed uses within Type 3 LAMIRDs, other than manufacturing, outdoor recreation, and natural resource processing will be limited to 30,000 square feet in area, and that impervious surfaces on lots greater than one acre in size are limited to one third (1/3) of the lot. 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 41 January 2, 2018 17.15.070.1 Rural LAMIRD Use Table P Permitted Rural LAMIR[)49 PA Permitted (Type 1 LAMIRDs) Administrative CU Conditional Residential Residential 2 Use ACU Admin . Conditional Use 'See KGG I Chapter 17.08 Definition S A. Agriculture Animal CU1 P boarding' Agriculture process ing' Agriculture CU1 production ' Agriculture sales,* Farm stand' Agriculture sales Feedlot' Grazing' Marijuana Processing' Marijuana Production' 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 42 Rural 5 P P P Agriculture 3 General Commercial I , P P p2 P/CU4 ps P7 /AC P CU P P Rural Employment Centers SO •S2 (Type 3 LAMIRDs) Highway Light General Forest & PUD Limited General Highway Light Commercial Industrial Industrial Range Commercial Commercial Commercial Industrial I , P P P/CU4 P/CU4 CU P/CU4 P/CU4 P/CU4 P/CU4 p4 p4 ps p4 P P P P P P P P P P P P ACU56 ACU56 ACU56 ACU56 January 2, 2018 P Permitted Rural LAMIRD49 PA Permitted (Type 1 LAMIRDs) Administrative CU Conditional Residential Residential 2 Use ACUAdmin. Conditional Use 'See KCC Chapter 17,08 Definition s Marijuana, retail sales' Nurseries CU Riding academies Small-scale event facility' U-PickiCut Operations' Farm Visit' Commercial Activities associated with agriculture' Residential Residential 2 B. Civil and Cultural Cemetery 2017 Docket Enabling Ordinance Ord. # 2018·001 Page 43 Rural 5 Agriculture 3 General Commercial P CU AC Rural 5 Agriculture 3 General Commercial p9 p9 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 CU CU CU CU CU CU I I I Highway Light General Forest & PUD Limited General Highway Light Commercial Industrial Industrial Range Commercial Commercial Commercial Industrial I I ~ CU January 2, 2018 P Permitted Rural LAMIR[)49 PA Permitted (Type 1 LAMIRDs) Administrative CU Conditional Residential Residential 2 Use ACUAdmin . Conditional Use 'See KCC , Chapter 17.08 Definition s Clubhouses, CU and lodges' Cultural and CU education facilities Libraries CU Meeting facilities Museums and CU galleries Religious CU CU institutions' Schools, public CU CU and private' Inte[l1retive Center' Residential Residential 2 C. Commercial --- 2017 Docket Enabling Ordinance Ord. # 2018·001 Page 44 Rural 5 Agriculture 3 P P10 CU CU CU CU CU Rural 5 Agriculture 3 ---~ Rural Employment Centers SO •52 (Type 3 LAMIRDs) General Highway Light General Forest & PUD Limited General Highway Light Commercial Commercial Industrial Industrial Range Commercial Commercial Commercial Industrial I CU CU CU CU CU CU CU CU CU CU General Highway light General Forest & PUD limited General Highway Light Commercial Commercial Industrial Industrial Range Commercial Commercial Commercial Industrial ---I - January 2. 2018 P Permitted Rural LAMIRD49 PA Permitted (Type 1 LAMIRDs) Administrative CU Conditional Residential Residential 2 Use ACUAdmin. Conditional Use 'See KCC Chapter 17.08 Definition s Auction sales of non-agriculture products Bank Bed and CU CU breakfast' Clinic' CU12 Day care facilities' Funeral home/mortuary Hospital' Hospital, animal or Veterinary' Hotel/motel Office* Restaurant 2017 Docket Enabling Ordinance Ord. # 2018·001 Page 45 Rural 5 Agriculture 3 CU CU CU CU Rural Employment Centers 50 ,52 (Type 3 LAMIRDs) General Highway Light General Forest & PUD Limited General Highway Light Commercial Commercial Industrial Industrial Range Commercial Commercial Commercial Industrial P P PA PA CU CU CU CU CU5l CU5l CU5l CU CU CU CU CU CU CU CU CU CU53 CU53 PA PA13 PA PA13 PA PA P P P January 2, 2018 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 Retail sales: general Retail sales ,* lumber and building materials Retail sales: vehides Services Shooting range* Tavern Temporary sales office Vehidelequipm ent service and repair' Residential Residential 2 D. Industrial 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 46 Rural 5 Agriculture 3 General Highway Commercial Commercial p48 p14 p15 p45 P CU40 P P p11 p19 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 I p48 p48 p14 p15 I PA p45 p45 CU40 P P P p18 p11 p19 Light General Forest & PUD Limited General Highway Light Industrial Industrial Range Commercial Commercial Commercial Industrial January 2, 2018 P Permitted Rural LAMIR[)49 PA Permitted (Type 1 LAMIRDs) Administrative CU Conditional Residential Residential 2 Use ACUAdmin. Conditional Use "See KGG Chapter 17.08 Definition s Airport" AsphalUConcre te plants Forest product processing" (portable) Forest product processing " (permanent) Freighting and trucking yard or terminal* Hazardous waste storage" Hazardous waste treatment" ImpoundfTowin 9 Yard" Junkyard* 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 47 Rural 5 P Rural Employment Centers 50 ,52 (Type 3 LAMIRDs) Agriculture 3 General Highway Light General Forest & PUD Limited General Highway Light Commercial Commercial Industrial Industrial Range Commercial Commercial Commercial Indu strial CU Cl)46 CU47 P CU CU CU CU CU CU CU CU January 2, 2018 P Permitted Rural LAMIRD49 PA Permitted (Type 1 LAMIRDs) Administrative CU Conditional Residential Residential 2 Use ACUAdmin. Conditional Use *See KCC Chapter 17.08 Definition s Manufacturing* Mini-warehouse RV Storage Refuse disposal/recycl e* Research laboratories Wastewater treatment Warehousing and distribution Wholesale business Residential Residential 2 E. Recreation Campgrounds L 2017 Docket Enabling Ordinance Ord. # 2018·001 Page 48 Rural 5 Agriculture 3 General Commercial CU22 CU Rural 5 Agriculture 3 General Commercial CU21 CU21 CU21 - 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 P P P CU22 p22 p22 P P CU P P P CU P CU54 p54 p54 Highway Light General Forest & PUD Limited General Highway Light Commercial Industrial Industrial Range Commercial Commercial Commercial Industrial CU21 CU21p57 CU21 - January 2, 2018 P Permitted Rural LAMIRD49 PA Permitted (Type 1 LAMIRDs) Administrative CU Conditional Residential Residential 2 Use ACUAdmin. Conditional Use *SeeKCC Chapter 17.08 Definition s 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 Residential Residential 2 F. Residential 2017 Docket Enabling Ordinance Ord. # 2018·001 Page 49 Rural 5 Agriculture 3 General Highway Commercial Commercial 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 Light Industrial Industrial Range Commercial Commercial Commercial Industrial I CU CU P P P P P I I p35 P P I p35 CU CU p35 p35 PA PA PA PA PA PA PA PA Light General Forest & PUD Limited General Highway Light I Industrial Industrial Range Commercial Commercial Commercial Industrial January 2,2018 P Permitted Rural LAMIRD49 PA Permitted (Type 1 LAMIRDs) Administrative CU Conditional Residential Residential 2 Use ACUAdmin. Conditional Use *SeeKCC Chapter 17.08 Definition s Accessory p24 p24 dwelling unit Accessory p36 p36 living quarter Adult family p42 p42 home Boarding house CU 37 Convalescent home Dwelling, P P single-family Dwelling, two-P P family Dwelling, CU multiple-family Farm Labor Shelter Group Home GroU(1 Care 2017 Docket Enabling Ordinance Ord. # 2018·001 Page 50 Rural 5 Agriculture 3 p24 p24 p36 p36 p42 p42 CU37 CU P P P CUlli CU CU 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 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 CU - January 2, 2018 I P Permitted Rural LAMIRD49 PA Penmitted (Type 1 LAMIRDs) Administrative CU Conditional Residential Residential 2 Use ACUAdmin . Conditional Use "See KCC Chapter 17.08 Definition s Facility" Home P/CU 27 P/CU28 occupation Manufactured P P home Manufactured CU§§. home park Mobile homes p38 Special care p39 p39 dwelling Temporary p29 p29 trailers Residential Residential 2 G. Resource Forestry' Forest product sales' 2017 Docket Enabling Ordinance Ord. # 2018·001 Page 51 Ru ral 5 Agriculture 3 General Commercial P/CU28 P/CU 28 P/CU 28 P P P CU§§. CU§§. f p 6 p 39 p39 p39 p29 p29 p29 Rural 5 Agriculture 3 General Commercial P P - 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 P/CU28 P/CU28 P/CU28 P/CU28 P/CU P/CU28 P/CU28 P/CU28 P/CU28 28 P P P25 P25 CU§§. P E P P p39 p39 p29 p29 p29 p29 p29 p29 p29 Highway Light General Forest & PUD Limited General Highway Light Commercial Industrial Industrial Range Commercial Commercial Commercial Industrial P P ---- January 2, 2018 P Permitted Rural LAMIRD49 PA Permitted (Type 1 LAMIRDs) Administrative CU Conditional Residential Residential 2 Use ACU Admin. Conditional Use 'SeeKCC Chapter 17.08 Definition s Mining and excavation' Rock crushing' Residential Residential 2 H. Utilities and Public Facilities Electric vehicle p23 p23 infrastructure Public facilities PASs PASs Utilities P 33/ACU 33/C P 33/ACU 33/C U33 U33 Watershed PA PA management activities - 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 52 Rural 5 Agriculture 3 General Highway Commercial Commercial Rural 5 Agriculture 3 General Highway Commercial Commercial p 23 p23 p23 p23 PASs PAsS PASs PAsS P33/AC p33/ACU 331 P 33/ACU 331 P33/ACU 331 U33/CU3 CU 33 CU33 CU33 3 PA PA PA JA Rural Employment Centers SO•S2 (Type 3 LAMIRDs) Light General Forest & PUD Limited General Highway Light Industrial Industrial Range Commercial Commercial Commercial Industrial CU CU CU CU Light General Forest & PUD Limited General Highway Light Industrial Industrial Range Commercial Commercial Commercial Industrial p23 p23 p23 p3S p23 p23 p23 p23 PASS.32 PAsS PASs PAsS PASs PAsS PASs PASS.32 P33 /ACU3 P33 /ACU3 P33/AC p 33 /A p33/ACU 331 P33/ACU 331 P33 /ACU331 p 33/ACU3 3/CU33 3/CU33 U33/CU 3 CU331 CU33 CU33 CU33 3/CU33 3 CU33 PA PA PA PA PA PA PA PA January 2,2018 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 firellife 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; 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 53 January 2, 2018 f. Drop forge industries; g. Explosives, storage or manufacture; h. Reduction or disposal of garbage, offal or similar refuse; L Oil refining; alternative energy refinery (Le. 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 (Le. 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 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; 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. 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 54 January 2,2018 24. Subject to the following requirements: &,---AglJ&s l1all be.al/Ew/oa as a-f)GIfflIlleG-lt66-witM1~ slg~GAs~ I:J. . l:J!S-shall~be IbjeGt Ie oola nin · .fin Aam lnislralive Use-pennil in · FGaS-oHtsilJe ef UGAs; G;~ Only one (1) ADU shall be allowed per lot; (j.J)-,-Owner of the property must reside in either the primary residence or the ADU; &;C~ The ADU shall not exceed the square footage of the habitable area of primary residence; 8l-,-The ADU shall be designed to maintain the appearance of the primary residence; ~-,-AII setback requirements for the zone in which the ADU is located shall apply; f:l.,L The ADU shall meet the applicable health department standards for potable water and sewage disposal; 4L.,No mobile homes or recreational vehicles shall be allowed as an ADU; ~L The ADU shall provide additional off-street parking; k-,LAn ADU is not permitted on the same lot where a special care dwelling or an Accessory Living Quarters exists. kLAn 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 agricunural operation which clea~y 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 seasonalltemporary 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. 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 55 January 2, 2018 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. 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 long~r 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 Sheriffs 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. 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 56 January 2, 2018 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. 44. Existing facilities are permitted; 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 andlor 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. Permitted 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. 58 . Sublecllo Ule [a ll owing requirements : a, Man ufactu red home pa rk s sha ll require app roval of a binding sUe Plan pursuant 10 Kee Title 16 . b. Man ufact ure d ho me pa rk density shall noll0 exceed twelve (12) unit s per acre . A minimum of five (5) ma nu factured home spaces shall be requ ired per park . c. Manufacture d home parks shall provide not less than te n oer('.e n (10%) of Ihe gross area of th e pa rk for common open space for the use of its resid ents. d. Each manufactured home spa ce shall have direct fro nlaqe on a pub lic or private street. e, The min imum setbacks shall be consistent wit h the zoning classification they are loealed In. 2017 Docket Enabling Ordinance Ord. # 2018-001 January 2,2018 Page 57 17.15.080 Allowed Uses in Urban Lands P Permitted Urban PA Permitted Administrative CU Conditional Residential Use ACUAdmin. Conditional Use 'SeeKCC Chapter 17.08 Definitions A. Agriculture Animal CU1 boarding' Agricultural Enhanced Uses' Agriculture processing' Agriculture CU1 production' Agriculture sales: Produce Farm stand Agricu lture sa les Dairy Feedlot' Grazing' 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 58 Urban Residential GU5 CU P Historic Agriculture Rural Trailer 3 3 Court CU p2 p5 P P7/ AC40 CU CU8 P P Rural Limited General Highway Light General Forest PUD 5 Commercial Commercial Commercial Industrial Industrial & Range CU CU 1'49 1'49 P p4 p4 GU P p4 p4 p5 P P7/ AC40 CU CU CUS P P P P P I P P ----- January 2,2018 P Permitted Urban PA Permitted Administrative Residential CU Conditional Use ACUAdmin. Conditional Use ·SeeKCC Chapter 17.08 Definitions Marijuana Processing' Marijuana Production' Marijuana, retail sales' Nurseries CU Riding Academies Small-scale event faCIlity' U-CullU-Pick operation' Farm Visit' Commercial Activities ass<iciaied with agriculture' Residential B. Civic and Cultural 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 59 Urban Hi storic Agriculture Residential Trailer 3 Court CU P CU CU AC42/CU P/AC45 CU AC AC Urban Historic Agriculture Residential Trailer 3 Court Rural Rural Lim ited General Highway Light General Forest PUD 3 5 Commercial Commercial Commercial Industrial Industrial & Range I AClJ44 ACU44 AClJ44 ACU44 CU CU CU AC42/C AC42/C AC42/C U U U CU CU CU CU CU CU I Rural Rural Limited General Highway Light General Forest PUD 3 5 Commercial Commercial Commercial Industrial Industrial & Range I I January 2, 2018 P Permitted Urban PA Permitted Administrative Residential CU Conditional Use ACUAdmin . Conditional Use *SeeKCC Chapter 17.08 Definitions Cemetery Clubhouses, AC fraternities and lodges' Cultural and CU educational facilities Libraries Meeting facilities Museums and CU galleries Religious CU institutions' Schools, public or private* Interpretive Center' Residential C. Commercial Auction sales of 2017 Docket Enabling Ordinance Ord, # 2018-001 Page 60 Urban Historic Agriculture Res idential Trailer 3 Court pg AC P I CU CU CU CU CU CU CU Urban Historic Agriculture Residential Trailer 3 Court CU Rural Rural Limited General Highway Light General Forest PUD 3 5 Commercial Commercial Commercial Industrial Industrial & Range I pg CU P P AC P P p11 P CU CU P P CU Rural Rural Limited General Highway Light General Forest PUD 3 5 Commercial Commercial Commercial Industrial Industrial & Range P CU January 2, 2018 P Permitted Urban PA Permitted Administrative Residential CU Conditional Use ACUAdmin . Conditional Use 'SeeKCC Chapter 17.08 Definitions norragriculture products Bank Bed and breakfast' Clinic' CU12 Day care facilities' Funeral home/mortuary Hospital' CU Hospital. animal or veterinary' Hotel/motel Office' Restaurant Retail sales: general L--. __ 2017 Docket Enabling Ordinance Ord. # 2018·001 Page 61 Urban Historic Agriculture Res idential Tra iler 3 Co urt AC CU CU Rural Rural Limited General Highway Light General Forest PUD 3 5 Commercial Commercial Commercial Industrial Industrial & Range P P AC AC CU CU CU CU CU P CU CU P P P P p13 p P P P pll pll p14 P January 2, 2018 P Pennilted Urban PA Pennitted Administrative Residential CU Conditional Use ACUAdmin. Conditional Use 'SeeKCC Chapter 17.08 Definitions Retai sales: lumber and building materials Retail sales: vehides Services Shooting range' Tavern Temporary sales office Vehidel equipment service and repair' Residential D. Industlial Airport' Asphalt/Concre te plants 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 62 Urban Historic Agriculture Rural Residential Trailer 3 3 Court Urban Historic Agriculture Rural Residential Trailer 3 3 Court CU Rural Limited General Highway Light General Forest PUD 5 Commercial Commercial Commercial Industrial Industrial & Range pIS P P P pll pll pll CUs CUs P P P P18 P11 P19 P19 Rural Limited General Highway Light General Forest PUD 5 Commercial Commercial Commercial Industrial Industlial & Range CU CU CU CU - January 2, 2018 P Pennitted Urban PA Pennitted Administrative Residential CU Conditional Use ACUAdmin. Conditional Use *SeeKCC Chapter 17.08 Definitions Forest product processing* (portable) Forest product processing* (permanent) Freighting and trucking yard or tenninal* Hazardous waste storage* Hazardous waste treatment* ImpoundITowin g Yard* Junkyard* Manufacturing" Mini- Warehouse RV Storage Refuse disposallrecyd e* 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 63 Urban Historic Agriculture Rural Residential Trailer 3 3 Co urt P P CU CU 22 CU Rural Limited General Highway Ught General Forest PUD 5 Commercial Commercial Commercial Industrial Industrial & Range I P P J CU I CU P P CU CU CU CU20 CU CU CU20 ACU ACU P P CU CU 20 P P p 20 CU22 pl1 pl1 P CU22 I CU P P P CU CU CU 20 CU i January 2, 2018 PPermitted Urban PAPermitted Administrative Residential CU Conditional Use ACUAdmin . Conditional Use 'SeeKCC Chapter 17.08 Definitions Research laboratories Wastewater treatment Warehousing PA~3 and distribution Wholesale business Residential E. Recreation Campground' Golf course' Guest ranch or guest farm' Par1<s and P playgrounds' Recreation , indoor* Recreation, outdoor* 2017 Docket Enabling Ordinance Ord. # 2018·001 Page 64 Urban Historic Agriculture RUral Residential Trailer 3 3 Court PA~ PA~ PA43 PA~ Urban Historic Agriculture Rural Residential Trailer 3 3 Court CU21 CU21 CU CU AC AC P P P CU CU AC AC Rural Limited General Highway Light General Forest PUD 5 Commercial Commercial Commercial Industrial Industrial & Range P P PA~ PA~ PA~ PA~ P P PA~ P P P Rural Limited General Highway Light General Fores! PUD 5 Commercial Commercial Commercial Industrial Industrial & Range CU21 CU21 CU21 CU21P 48 CU CU AC AC P P P P P CU P P CU p35 AC p39 p39 AC p35 January 2, 2018 P Pennitted Urban PAPennitted Administrative Residential CU Conditional Use ACUAdmin. Conditional Use *SeeKCC Chapter 17.08 Definitions Recreational vehide pari<* Recreational vehide storage Stadiums Trails PA Residential F. Residential Accessory p24 dwelling unit* Accessory p36 living quarters* Adult family p41 home* Boarding house CU 37 Convalescent home Dwelling, P single-family* 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 65 Urban Historic Agriculture Rural Residential Trailer 3 3 Court PA PA PA PA Urban Historic Agriculture Rural Residential Trailer 3 3 Court p24 p24 p24 p36 p36 p36 p41 p41 p41 p41 CU 37 P P40 P P -- Rural Limited General Highway Light General Forest PUD 5 Commercial Commercial Commercial Industrial Industrial & Range I P CU PA PA PA PA PA PA PA PA Rural Limited General Highway Light General Forest PUD 5 Commercial Commercial Commercial Indusbial Indusbial & Range p24 p25 p 24 p36 p 25 p36 p41 p41 p41 p41 p41 p41 CU 37 CU P P p25 P P -- January 2, 2018 P Permitted Urban PAPermitted Administrative Residential CU Conditional Use ACUAdmin. Conditional Use *SeeKCC Chapter 17. 08 Definitions Dwelling, two-P family* Dwelling, AC multiple-famiy* Farm labor shelter Group home* Group Care Facility' Home P/CU27 occupation* Manufactured home* P Manufactured Cu so home pari< Mobile home Special care pH dwelling* Temporary p29 trailer Residential 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 66 Urban Historic Agriculture Resi denti al Trailer 3 Court P P CU 26 P/CU28 P/CU 28 P P P Cu so Cuso p38 P40 pH p H p29 p 29 p 29 Urban Historic Agriculture Residential Trailer 3 Rural Rural Lim ited General Hig hway Light Genera l Forest PUD 3 5 Commercial Commercial Commercial Industrial Industrial & Range P p25 P P P CU 26 CU CU CU CU CU P/CU 2 P/CU2 P/CU 2 P/CU 8 , 8 28 P P P P P P Cu so Cu so E Cu sc Cu so p38 p38 p38 p H pH pH pH p29 p29 p29 p29 p29 p29 p 29 CU29 Rural Rural Limited General Highway Light General Forest PUD 3 5 Commercial Commercial Commercial Industrial Industrial & January 2,2018 P Permitted Urban PA Permitted Administrative Residential CU Conditional Use ACUAdmin. Conditional Use ·SeeKCC Chapter 17. 08 Definitions G. Resource Forestry· Forest product sales· Mining and excavation· Rock crushing' Residential H. Utilities and Public Facilities Electric vehide p'o infrastructure· Public facilities· PA47 Utilities P33/ACU 33 1 CU 33 Watershed PA management -- 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 67 Urban Historic Agriculture Rural Residential Trailer 3 3 Court Court P P CU30 CU3' CU3' Urban Historic Agriculture Rural Residential Trailer 3 3 Court P'o p'o P'O p'o PA47 PA47 PA47 PA47 P33 /ACU331 P33 /ACU 331 P33/A CU33 CU33 CU331 CU33 PA PA PA Rural Limited General Highway Light General Forest PUD 5 Commercial Commercial Commercial Industrial Industrial & Range I I Range P P I P CU3' P CU3' P Rural Limited General Highway Ught General Forest PUD 5 Commercial Commercial Commercial Industrial Industrial & Range p10 P'O P'O Pl0 pl0 Pl0 Pl0 Pl0 PA47 PA47 PA47 PAJ~47 PA47 PA47 PA47 PA47 p 33/A P 33/ACU 33/C P33/ACU33IC P33/ACU33IC P33/ACU3 P33/ACU3 p 33/A p 33/A CU331 U33 U33 U33 3/CU33 3/CU33 CU331 CU 331 CU33 CU33 CU33 PA PA PA PA PA PA PA PA January 2, 2018 PPennitted Urban PAPermitted Administrative Residential CU Conditional Use ACUAdmin. Conditional Use 'SeeKCC Chapter 17. 08 Definitions activities' 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 68 Urban Historic Agriculture Rural Residential Trailer 3 3 Co urt Rural Limited General Highway LIght General Forest PUD 5 Commercial Commercial Commercial Industrial Industrial & Range I I I January 2, 2018 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. S. 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 Sheriffs 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 (4S) 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 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. Subject to the following requirements: a. The Special Care Dwelling must meet all setback requirements for the zone in which it is located. 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 69 January 2,2018 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. 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; L Oil refining; alternative energy refinery (Le. biofuels, ethanol) j. Rubber reclaiming; k. Feed yards, livestock sales yards or slaughterhouses; I. Sme~ing, 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: ~LAssure 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; ~ 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. 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 70 January 2, 2018 21. 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. 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) 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 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; 23. 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. 24. Accessory Dwelling Unit (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. L 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; 2017 Docket Enabling Ordinance Ord. # 2018·001 Page 71 January 2,2018 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. No sign advertising a home occupation shall exceed sixteen (16) square feet in size. 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. 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 disposa/. 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. 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 firellife inspection approved by the Washington State Department of Labor and Industries. 39. Outdoor recreation activities that cause noise require a conditional use permit. 40. Pursuant to KCC Chapter 17.24, Historic Trailer Court Zones. 41. Pursuant to RCW70.128.140. 42. Use shall not exceed 10,000 square feet and no more than eight (8) events shall occur within a calendar year. 43. Limited to seasonal, non-structural hay storage. 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 72 January 2, 2018 44. Required to meet all the review criteria requirements for conditional use permits found in KCC 17.60A.015. 45. 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. 46. When enhanced agricultural sales are provided. 47. Pursuant to KCC Chapter 17.62, Public Facilities Permits. 48. Limited to primitive campgrounds. 49. Agricultural Enhanced Uses which include eating and drinking establishments and/or event facilities for seminars or other social gatherings are limited to 10,000 square feet of total indoor floor area. 50. Subject to the following requirements: a. Manufactured home parks shall require approval of a binding site plan pursuant to KCC Title 16. b. Manufactured home park density shall not to exceed twelve (12) units per acre. A minimum of five (5) manufactured home spaces shall be required per park. c. Manufactured home parks shall provide not less than ten percent (10%) of the gross area of the park for common open space for the use of its residents. d. Each manufactured home space shall have direct frontage on a public or private street. e. The minimum setbacks shall be consistent with the zoning classification they are located in. 17.61.040 Communication facilities· Administrative review· General requirements 1. Communication facilities may be authorized by the Community Development Services director as an administrative conditional use in all zoning districts, pursuant to the criteria and procedures of this chapter and KCG Title 15A and KGG 17.60 . An administrative conditional use permit is not required for the operation of amateur or noncommercial communication equipment as defined by FCC regulations under Part 95D and Part 97 CFR (Le., citizen band, ham radio). 2. Construction of all improvements shall be completed within one year of the date of permit issuance except as provided for in subsections E and F of this section. 3. The property line setback shall be 1.2 Urnes the he ight oflhe str ucture . The lot line setback requirements of this title may be wa~ved-red u ced by the Community Development Services director, in order to improve the facilities' reception and/or transmission capabilities or to achieve greater levels of audible or visual screening than that whi~&-aVallab l &-bY-Ysffi9..tJ:1&..appliGab l e Z9A&S~rd-FSqwremenl provided Ihe appllca nl can provide evidence that 1\ would not be possible ro r the towe r to fall on neighborIng properties . Communication facilities shall be designed to blend with existing surroundings; provided, no conflicts exist with existing Federal Communications Commission and the Federal Aviation Administration regulations relating to aircraft safety. This should be achieved through the use of compatible colors and materials, and alternative site placement to allow the use of topography, existing vegetation or other structures to screen the proposed transmission support structure from adjacent lands. 4. The co-location of antennas on both existing and proposed transmission structures is encouraged. Communication antennas shall be permitted outright in all zoning districts provided the following: a. An antenna shall not extend more than six feet horizontally from any structure to which it is attached. b. An antenna shall not extend vertically more than 15 feet above the uppermost portion of the structure to which it is mounted or attached. 5. Modifications to, including the expansion of, existing approved communication facilities shall be outright permitted; provided, there is no increase in the height of the transmission tower. For purposes of this subsection, "transmission tower" means a pole or lattice-work structure specifically designed and intended to support 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 73 January 2,2018 antenna and related communication equipment. (Ord. 2007-22, 2007; Ord . 2001-12 (part), 2001: Ord. 2000-06 (part), 2000) 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 74 January 2, 2018 Exhibit G: Amendment 17-07 Amendment to Adopt Dog Control Ordinance 6.01.010 Purpose of provis ions. The purpose of· Ihe dog control ordinance codified in this Cha pter is 10 enhance pu blic healU" safety. and welfare through the re gulatibll of dog ownership and reduce or eliminate offensive dog behavior. 6.01.020 Definitions The following words and phrases used or referred to in this chapter shall have fue following meanings unless a different meaning appears from the context: 1. "Adult dog " mea ns any dog having a set of permanent canine teeth. or older than six mo nths of age . 2. "Aggressive behav ior" means any physical con tact between dog and person. where a res pon sib le pe rsall feels threatened . that includes. but is nollimited to any of the follow in g: snarling , ba rin g leeth. chasing . grow li ng. snappinq. pouncing . or lunging. but not to include a bite or bites. 3. "Animal" means any dog. cat, exotic. wild or dangerous animal or livestock. 4. 1'Allarge" means , with regard to dogs. being physicallv present on public property and not under the actual contr ol of a person . or being physically prese nt on private premises without permission of the person in contro l of such premises. Exceptions : "At large" does not include: (a) Do gs ex hibited in dog shows, field trials, obedience tra in ing or trials, or the training of dogs; or (b) The use of a dog under th e supervis ion of a person wi th er to hunt wild anima ls or game birds during the open seasons , or to chase or tree predatory animals ; or (c) The use of a dog either 10 control or protecllivestock or property or in other re lated agric ult ure activ1ftes under the sup ervision of dag owner. Cd) The us e of a dog in a law enforcement or retated activity or funct ion . 5. "Bite" means to seize with teeth or jaws so as Lo enter, grip , wound or pierce , which causes visible injury. 6. "Board" means the Board of Kittitas County Commissio ners. 7. "Capable person" means any individual having attributes, includ in g physical and mental abilities , sufficient to control an animal and being at least 18 years of age. 8. "Conviction" means either an ad judication of guilt for a misdemeanor or gross misdemeanor pursuant to Kittitas County Code Chapter 6.01 including a verdict of guilty. a finding of auiltv . an acc eptance of a plea of auilty or a forfeiture or bail: or any committed finding <3fter adjud icat ion for an infraction pursuant to Kittitas County Code Chapter 6.01. 9. nCounty" means the unincorporated area of Kittitas County, Washington. 1 O. "Da ngerous dog" means any dog thaI, according lo th e re cords of an appropriate authority . including but not limited to the records of the county dog control department. the county sheriffs office. or the records of any other municipal , state or federal law enforcemen t or public safety department: (a) Without provocation has bitten or otherwise inflicted serious physical injury on a human being on public or private property: Cb) Has killed livestock or a domestic animal withouL provocation while off the dog 2017 Docket Enabling Ordinance Ord. # 2018·001 Page 75 January 2,2018 owner's property. (c) Has disp laye d aggressIve behavior, attacked . or endangered the safety of humans or domestic animals after such dog has been detennlned by an appropriate au thority, including but not limited to any officer of the county dog control department, to be potentially dangerous , and the owner of such dog has been noti fied, either orally or in writing that the dog has been determined to be pote ntially danderous . 11 . "Departmen t" mea ns the Kittitas County Sheriff's Offi ce 12 . "livestock " means cattle, sheep. horses , llamas, buffalo , deer, elk, rabbits, mules . donkeys . goats , swine , fowl. poultry , and any fur-bearing an ima l bred and maintained commercially or otherwise within pens , fences , cag es or hutches . 13 . "Ml c roch i p~ means a dev ice Implanted for identification purposes. 14. "N ui sance ~ means any unl awfu l acl. or failu re to perfo rm a duly . whlcl1 ac t or fail ure -eithe r annoys , Injures , or endangers the comfort, repose , health or safety of other persons , or Interferes with other persons' lise of property. 15 . "Owner" means any person or legal entity who knowingly harbors, keeps , possesses or maintains an animal , or whO encourages an anima l to remain about their property for a period of 72 hours or more , or who is the person named on Ihe license/reg istrat ion record of any anima l as the owne r. The parent or guardi an of an owner under eighteen years of age sha ll be deemed the owner for the purposes of this chapter . 16 . "Permit" means and incl ud es huma n condu ct that is Intentio nal . deliberate . careless , inadvertent or neg li gent in relation 10 any animal owned by the person . 17 . "Person" means any indiv idual or natural person at least 18 years of age , assoc iation . finn . partnersh ip. corporation or other legal . entity . 18. "Physical ln lury" means impairment of physical condition or substantial pain which is directly cauSBd by a dog 's be havior. and incl ud es scratches. scrapes , cuts . punctu res or other evid ence of phystcal lniu rv . but not to include dog bite or bites , 19 . "Potentially Dangerous Dog" means : (a) Any dog that without provocation: (i) Bites or otherwise injures a human person or a do mestic animal on either public or private property; or (b) Any dog which reasonably should be known by its owner to be disposed: (i) To attack or chase or approach persons in a menacing fashion or apparent attitude of agg ression or attack without provocation; or (ii) To cause injury , or otherwise threaten the safety of humans or domestic animals . (c) Any dog at large in a pack of three or more. 20 . "Premises ,r means th e area of land to wh ich a person has lega l or equitab le ri ghts of possession, use and control. 21 . "Quarantine area" means any area defined by ) but not lim ited 10 , a ve terinarian , physician. public health official . or Animal Control Officer. where . for a specified period of time . a dog is to be kept separated from othe r animals or people . 22 . "Secure enc lo sure " means secure confinement of a dangerous dog or a potentially dangerous dog on its owner's premises, either indoors or in a securely enclosed and locked pen or structure , suitable to prevent the entry of young children and designed to prevent the animal from escaping . Such pen or structure sha lf have secu re sides . a secure top and a secure bottom, and shall also prov ide protection from the elements for the dog . . 23 . "Seneus physical i Qjurv~ meaJ1S any physical injury which creates a substantial risk of death or causes pe rmanen t loss or protrac ted impa irment of any bodily organ or func ti on . or substantial disfigurement. 24 . I'Severe In\ury " means any physical Iniury that results in broken bones or disfiguring 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 76 January 2,2018 lacerations requiring multiple sutures or cosmetic surgery. 25 . "Taa q means a pre-numbered metal or plaslic identification license so ld to an owner/custodian for a specific pet anima l. Rabies identification or other identification may not be substituted or acceoted in lieu of a license tag. 26 . ''Tattoo '' means a pre-designated ide ntification numbe r inked into the inside of 'he ear, lip or flank of the dog. 6.01.030 Dog control zone established. Pursuant 10 RCW Chapter 16.10. the unincorporated territory of Kittllas County is hereby declared to a dog contro l zone sub[ecL to the reg ulations ot this chapter. 6.01.040 Kittitas County Sheriff's Office -Dog Ordinance-powers and duties . 1. The Kittitas County Sheriffs Office shall: (a) Enforce the provisions of this chapter, the Kittitas County Code and the laws of the State of Washington relating to dogs, and to discharge the duties provided herein. (b) Collect. according to the provisions of the Kittitas County Code. any costs. fees or charges for registration, licensing and impounding or keeping any dog. 6.01.050 Violations -Penalties. It is unlawful for any person to violate any provision of thi s chapter , Any person violating any of the provisions of th is chapte r shall be guJJty of a civll infraction . except that any person who vi olaLes Kittitas Co unty Code 6.01 :060 , 6.01 .070 ,6.01 .080 , 6.01 .18Q(2}-(3}. 6.01 .190(1 )(a), and/or 6.01.190(1 )(b), shall be guilly of a misdemeanor . Any person who violales Kitt itas County Code G.0 1.180 (4}-(6) and/or 6.01 .190(1)(c)-(d), shall be guilty of a gross mlsd.emeanor . Upon cony lctloll of any mis'demeanor violation of th is Chap ter. such person shall be punis hed by a fine of not more than one thousand do ll ars ($1 .000 .00) or by imprisonment for not more than ninety (gO) daYs. or by hoth such fine and imprisonment. Unless otherwise specified in this Chapter . any person found gui lty of a civil infraction of this Chapter sha ll be fined one hundred twenty-five dollars ($.125.00) for each vio lation . Any violation of this Chapter may result in the dog being impounded , and/or destroyed by order a' the court. 6.01 .060 Receiving and responding to Infraction notices. 1. Aperson who is to receive a notice of civil infraction or criminal citation under this Chapter is required La identify himse lf or herself to tile animal control office r or law enforcement officer by giving his or her name . address . and date of birth. Upon the request of the office r. tbe person shall produce reasonable ldentffication . inc luding a driver's license :or identicard . 2. A person who is unable to or unwilling to reasonably identify himself or herse lf to an enforcement Officer may be detained for a period of lime nollonger1 han is reasonably necessary Lo Identify the pers on for purposes of issu ing a ci vil infrac::lion or criminal citation. 3. A person who fails to sign a notl.ce of civil infraction or criminal citation is guilty of a misdemeanor as set out in Kittitas County Code 6.01.050. 4. Any person willfully v[olaUng his·or her wr itten and signed promise to appear in court or his or her written and signed prom ise to respond to a notice of civil infraction or cr imina l citat ion Is gu ilty of a misdemeanor as set ollt In KIttitas Coun ty Code 6.01.050 regardless of the disposition of the notice of civil infraction or criminal citation. 6.01.070 Habitual Violators. 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 77 January 2,2018 Any Owner: 1. Having been convicted of twoot more crim inal violatlons of this Chapter. whether singularly or in combination within a five-year period ; or 2. Having been found to have committed (our or more civil infractions of this Chapter. whether singularly or in combination within a five -year period. shall be guilty of a misdemeanor as set out in Kittitas County Code 6.01.050 . 6.01.080 Ownership by person under 18 years of age. Any person under the age of eighteen years old who owns any dangerous animal as defined in Krttitas County Code 6.01.020(10) shall be guilty of a misdemeanor as set out in Kittitas County Code 6.@1 .050 . 6.01.090 Abatement of nuisances. Violations of this chap ler are deemed public nuisances . Any person violati ng any provision of Ihis chap te r may be eniolned from continued violat ions or ordered to abate such public nuisance. whether such injection be in add ition to the civil penalties provided as a part of the disposition jn the civil prosecution or in an independent action In equity, and sl1all be liable for all costs and expenses of abating tl1 e same. 6.01.100 Enforcement. 1. The department shall not be required to enforce provisions of this chapter except: (a) Upon receipt of a verbal or written complaint of a person who has satisfactoril y identified himself to the department and is willing to testify thallhe dog has acted in a manner that puts the animal in the definition of KCC 6.01 .020 (4). (10) or (21). The complainant has eit her supplied the name and address ofilie dog owner or has supplied the fac l lhallhe dog does not have an owner; or (b) Actions of the dog in question are witnessed by an animal control authority or law enforcement officer; or (c) Dog bite reports filed with the animal control authority as required by this Chapter or State Jaw . 2. The department or its authorized agent may find and declare a dog potentiallv dangerous if it has probable cause to believe that the animal falls under the defini tion stated In KeC 6.01 .020(21 ). (a) The declaration of potentially dangerous dog shall be in writing and shall be served on the owner in one of the follow in g methods: (i) Certified mail to the owner or keeper's last known address if known; or (II) Personally : or (iii) If the owner cannot be located by one of the first two methods, by publication in a newspap er of general circulation~ (b) The declaration of a potentially da ngerous dog shall state : (i) A description of the dog ; (ii) The name and address of the Qwner or keeper of the dog if known: (iii) The whereabouts of the dog if it is not in the custody of the owner: (iv) The facts upon which the declaration of a potentially dangerous dog is based: (v) The restrictions placed on the animal as a result of the declaration of potentially dangerous (vi) The penalties for violation of the restrictions . including the possibility of destruction of the anima l. and Imprisonmenl or fining of the owner; (vii) The owner has fifteen (15) days to object to the declaration; (viii)The availability of a court hearing if the owner of the dog objects to the declaration and submits a request for a hearing to the district court ; (ix) If the court finds there is insufficient evidence to support the declaration, it 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 78 January 2, 2018 shall be rescinded and the restrictions imposed thereby annulled . No court costs will be assessed against any Kittitas County officer or authority if the dog is not found to be pote nfiaTly dangerous . (x) If th e court finds sufficient evidence to support the declaration . it shaJI impose court costs on the appellant and may impose addi ti on al restrictions on the animal. (el The owner of any animal found to be a potentially dangerous dog under this Chapter shall be assessed all service costs under this SecUon . (d) The owner of any animal found to be a potentially dangerous dog under this Chapter must keep animal conlro l authority notified of the location of the animal at all times and must have the consent of the animal control authority to move the dog in or out of Kittitas County . (e) Fo llowing service of a declaration of potentially dangerous dog, and pending aopeals under this Section or to any other court with jurisdiction, the animal control authority may . if circumstances require, impound the animal at the owner's expense , pursuan t to the provisions of this Chapter. until a court orders either its redem ption or destruction. m Any owner found to be in possession of a potentially dangerous dog shall control the animal as under KCC 6.01 .190 . {oj The owner of a dog found to be potentiallv dangerous shall obtain a li cense . The license fee for each potentially dangerous dog licensed under this Chapter shall be set by the legislative body of the County on an interim basis as part of the Kittitas County Sheriff Office 's fee schedu le. 3. la} nle department or its authorized agent may find and declare a dog dangerous if it has probable cause to believe that the animal falls under the definition stated in KCC 6.01.020(10). The dec laration of dangerous dog shall be in writing and shall be served on the owner in one of the following methods: (i) Certified mail to the owner or keeper's last known address if known; or (ii) Pe rsonally: or (iii) If the owner cannot be located by one of the first two methods . by publication in a newspa per of general circulation. (b) The declaration of a dangerous dog shall state : m A description of the dogj iii) The name and address of the owner or keeper of the dog if known ; (iii) The whereabouts of the dog if it is not in the custody of the owner ; (iv) The facts upon which the declaration of a da ngerous do g is based ; (v) The restrictions placed on the animal as a result of the declaration of dangerous dog ; (vi) The penalties for violation of the restrictions. including the DOssibility of destruction of the animal. and imprisonment or fining of the owner; (vlj) The owner has fifteen (15) days to object to the declaration : (viiiHhe availability of a hearing if the owner of the dog objects to the declaration and submits a request for a nearing to the district court ; (ix) If the court finds there is insufficient evidence to suoport tne declaration , it shall be rescinded and the restrictions imposed thereby annulled. No court costs will be assessed against any Kittitas County officer or authority if the dog is not found to be dangerous. (xl If the court finds sufficient evidence to support the declaration, it shall impose court cosls on the aopellant and may Impose additional restrictions On the animal. (c) The owner of any animal found to be a dangerous. dog under this Section shall be assessed all service costs under this Subsection. (d) The owner of any animal found to be a danaerous dog under this Section must keep animal control authority notified of the location of the animal at all times and must have the consent of the ani ma! controJ authority to move the dog in or out of 2017 Docket Enabling Ordinance Ord. # 2018-001 January 2,2018 Page 79 Kittitas County. (e) Fo ll owing service of a declara tion of potentiaUy dangerous dog, and pending appeals unde r this Chapter or to any· other court with jurisdiction . the an imal conlre l authority may, iI ci rcumsta nces require , impound the .anlmala t the owner's expense, pursuant totll e provisions of this Chapter. until a court-orders either ils redemption or destruction. - m Any owner found to be in possessi on of a dangerous dog shall control the anima l as under KCC 6.01 .190. (q) All dogs that are found to be dan gerous dogs shall be registered as under KCC 6.01.350 . 4. All civil infracti ons under this section are subject to KCC 6.01.060 . ARTICLE III : HUMAN RESPONSIBILITY FOR DOGS 06.01.180 Con trol of Dogs . It is un lawful for any owner to permit any doos to engage in any of the fo ll owing behavior; 1. level 1 Behavior. Level 1 behavi or occurs when a doq IS at large . 2. Level 2 Behavior. Level 2 behavior occurs when a dog while at large, menaces , chases , displays threateni ng or agg ressi ve beha vio r. or otherwise threatens or endangers th e safety of any pe rson . domestic an imal or livestock. 3. Level 3 Behavior. Leve l 3 behavior occ urs when a dog while at large. causes physical Inju ry to any person . domes ti c ani mal or live stock. 4. Level 4 Behavior. l eve l 4 behavior occurs when a dog. although not at large . bites or causes physical in/uIY to any person, domestic anim al or li vestock. 5. Level 5 Behavior. Le vel S beha vior occurs when a dog wh il e al large. bites or causes severe Injury to any person , domestic ani mal or livestock. 6. Le vel 6 Behavior. Leve! 6 behavior occurs when a dog : (a Whether or not confined . causes the serious phys ical injury or death of a natural person : or (b ) Is use d as a weapo n In Ihe commission of a crime : or (c Kills any domestic anim al or livestock. 06 .01.1 90 Control of potent ially dangetous fdang erous dogs . J • ,It is unlawf ul for any owner to fall to comply with the followi ng prov isions applicable to dogs which have engaged in behaviors described in Section 06.01.180, which may resu lt in Ih e dog being impounded and he ld un lillhe anima l owne r has met the fo ll ow ing requ iremen ts: (a) Dogs which have exhibited Level 2 behavior shall be restrained in a manner that prevents the dog from reach ing any public sidewalk. or adjoi ning property. Such dogs must be located so as not to interfere with the public's legal access to the dog owner's properly . Whenever the dog is off the animal owner 's premises it must be on a chain leash under the actu al control of a capable person. In addition , the department may require the animal owner to put up warning signs and obtain and maintain proo f of publtc liability insurance as required in Kittitas County Code 6.01.350(2.). (b) Dogs whic h have exhibited Level 3 behavior sha ll be physica ll y res tra ined by a chain leash, co nfined within a secure enc lo sure or inside the h-ome of the owner that pre vents the dog from reaching an y public sidewa lk, OJ ad jo ining property. 2017 Docket Enabling Ordinance Ord. # 2018·001 January 2,2018 Page 80 Such dogs must be located so as to not interfere with the public's legal access to the owner's property. Whenever that dog is not physically restrained or confined or is off the ani mal owner's premises . it must be on a chain leash under the actual control of a capable person. In addition . the department may require the animaJ owner to put UP warnings signs and obtain and maintain proof of public liability insurance as required in Kittitas County Code 6.01 .350(2). (c) Do gs which have exhibited Leve l 4 or Level 5 behavior shall be confined within a secure enclosure whenever the dog is not inside the home of the owner. The secure enclosure must be located so as not to interfere with the pu bli c's legal access to the dog owner's property . an d the dog owne r shall consp icuously post waml ng signs . which must be approved by the department. on the property where the dog is kept. In addition, the department may require the dog owner to obta in and maintain proof of public liability insurance as required in Kittitas County Code 6.01 .350(2). Tbe dog owner shall not permit the dog to be outside of the secure enclosure unless the dog is muzzled, on a chain leash and under the con trol of a capable person . (d) Dogs which have exhibited Level 6 behavior shall be euthanized at the owner's expense. 2. AU potentially dange rous dogs may be required by the departme nt to be micro chip ped at th e owner's expense. 3. If a tJog which is declared to be a dangerous or potentia ll y da ngerous dog is destroyed or dies , the owner must present to the animal co ntrol autho rity su fficient evide nce of that fact. 06.01.200 Dog in estrus at large prohibited. It is unlawful for any persor] to permit a female dog in estrus. also known as being in season or in heat. to be access ible to any ma le dog nbt owned bv the fema le dog 's owner , except by the agreeme nt of the owners of both the male and female dogs for the purpose of controlled bree di ng tor the beUermen t of the breed. Any person found guiltv of a violation of this Section shall be fi ned two hu ndred and twenty-five do ll ars ($225 .00) for each Violation , 06 .01 .210 Restraint within quaran tine area. It is un lawfu l (or any person to permit any dog to leave the confi nes of any qua rantine area . Any person fou nd guilty of a violation of Ih is Section shan be fi ned fi ve hundred dollars ($5 00.00) for each viOlati on . 6.01.220 Abuse of dogs prohibited. It is unlaWful for any person to physlca ll v abuse any dog or to fail to furnish adeq uate care , incl udI ng without lim itation wa ter, food , sHelter, sanitation, ventilation . rest and medica l attention , or to confine a dog with any dangerous dog . Any person found guilty of a viola lien of this Section shall be fined five hundred do ll ars ($5 00.00) fo r each violation. 6.01 .230 Aba ndonment of dogs prohibited, It is unlawful for any pe rso n to leave any dog unattended for more than twenty-four hours without adequate care , Inc lud ing withoui limit alion water, food. shelle r. sanitation. vent ilation, rest, medical 'attenli on. Any person found guilty of a vio lation of this Sect ion shall be fined rive hundred dol lars ($500.0 0) fo r each vio lation. 6.01.240 Dog Hea lth and Safety It is unlawful for any person with an ownership or possessory interest in a dog to : 2017 Docket Enabling Ordinance Ord. # 2018·001 Page 81 January 2, 2018 1. Penni! or allow the confinement of the dog In any container or vehicle in such a manner that places the dog in a li fe or hea lth -threatening situa ti on due 10 exposure to heal or cold; 2. Permit or allow the unsanitary or offensive accumulation of dog feces In an open area , run , ca ge. or yard wherein dogs or other animals are kept: 3. Permit or all ow the tet hering or conffnement of a dog In such a manner or place as to endanger the health or welfare of the dog , or In any such manner or place whfch causes injury or pain to the dog Any Each violation of this Section shall be a gross misdemeanor punishable as set forth in Kee 6.01 .050. 6.01.250 Remova l of dog waste f rom public areas . It is unl awful fa r the ow ner or othe r person with custody of a dog to fall to remove any feces excreted by the dog from any public place no t designed to receive dog waste , Including without limitation stree ts, sidewa lks, parking slrlps and public parks . or any private place off Ihe dog owner's premises. Any perso n found guilty of a violation of th is Section shall be fined one hundred twehly-five dollars ($125 .00) for each viola tion. 6.01.260 Rab ies inoculation requ ired 1. All dogs over the age of six months Or dags with a full set of ca ni ne teeth shall have a current rabies vaccination administered by a licensed veterinaria n. 2. A current rabies vaccina ti on mean s tha t a dog vaccinated between three months and one year shall be revaccinated within one year and revaccinated at least wit'hin every three years thereafter , or according to the gu ide lines sal for by the man ufacturer of the rabies vaccine. 3. Any dog that has bitten any person shall immediately be confined for a period of ten days . The location of confinement shall be determined by department and shall be at the expense of th e owner or custod ian . Th e period of co nfinement shall not be re quired if the do g is euthan ized by a licenser! veterina rian. 4. It is unlawful for any person to release a quarantined dog from confinement until suc h re lease has been approved by Ihe depa rtment. 5. It is unlawful for the owner of any dog lha t has bitten any person to destroy such dog b~fare it can be confined by the departmenl The owner or custodian of any dog tha t has be en repo rt ed as having inflicted a bite on any person shall on dema nd of the department produce such dog for eXa mlhation and quarantine as prescribed in this section. It the owner or custodian of -any such dog re fu ses to produce such dog. the owner or custodian shall be su bjec t to Immediate arrest if ther e shall be probable . cause to be li eve that the dog has inflicled a bite on any person and the owner or custodian is keeping or harboring the dog and wi llfully refuses to pro duce the dog upon such demand . Such persons shall be ,taken before the judge of the district court . who may order immedIate production of the dog . If the owner or cuslodian knowingly conceals or refuses to prod uce the dog , eaoh day of concealment or refusal to produce shall constitute a sep ar ate and indiv idual vio lation of Ih is sect ion . 6. When a dog under guarantine shall have been diagnosed as being rab id by a licensed veterinarian. Ihe vefer ina ri an making such di agnosis shall immediate ly notify the county heallh offi cer and the depa rt ment and advise suc h officers of any reports of human contacl with the dog . If any dog under quarantine dies while under observation, th e depailment shall immediately notify the coun ty health officer and take imme di ate aclion to obtain a patho togic al exam . as required by the locat hea lth officer. The healLh officer shall be provided any reports of human contact with the dog. 7. When a dog has bean bitten by or exposed to a rab id or suspected rab id animal the depa rtm ent shall immediately notify the county health officer. 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 82 January 2, 2018 6.01.280 Dog bites to be reported. Any person who is billen by a doo and is exposed to dog saUva through an open wound on lhe person , or any doctor , veterinarian or hospital employee having lnformalion that a person has been bitte n by a dog and been exposed to dog saliva through an open wound within lhe unincorporated te rritory of the CoLlnty shall notity the depart ment of such bite or exposure, giving the description of the dog . the name and address of the owner, and the location of the incident. if known to said person . ARTICLE IV: IMPOUNDMENT 6.01.290 Impoundment of Dogs Dogs fot/nd or reasonably beHeved to be keg'! in violation of th is Chapter may be impounded by the department; provided that, If a comp laint identify ing the dog owne r of a dog at large is received and the dog owner can be immediately located , the dog shall be left with the dog owner. and a summons and notice 10 appear in regard to the violation may be issued 10 such dog owne r. The owner or custod ian of any impounded dog sha n be responsible for all costs to impound and care for the dog. Any dog which has been Impounded and appears sick or injured may be re ferred 10 a licensed veter inar ian for medical care at the discretion of the department. All costs for medical care sha ll also be the responSibilitv of the owner or custodian . 6.01,300 Interference with Impou ndi ng. It is unlawful for anv person to interfere with , hinder. delay or impede any officer or enforcing official in the enforcem ent of this chapter as herein provided . Any person found guilty of a viol atio n of this Section shall be fi ne d one hundred twenly-five dollars ($125.00) for each violation. 6.01.310 Notice of Impoundment 1. The deRarlmen! or its des ignee shall. within twenty ·four hours afte r impounding any dog. or the next business day: (a) attempt to contact the an1mal owner by phone: and (b) leave a wr itten notice at horne or by mail to the registered owner of the dog containing : (i) a notice of lhe impoundment of such dog ; aM (ii) the terms upon which such dog can be rereased: and (iii) the conseguences of failu re to obta in the release of any dog within any applicable time lim its . 2. If th e OWner of any impounded dog is unknown . then the department or its designee sha ll wi thin twenty-four hours of impoundme nt or by the end of the next bus iness day post at the animal shelter a notlce of impoundment describin g the do g. 6.01.320 Recovery of impounded dogs. 1. A dog wearing a dog tag, tattoo or microch ip may be re covered within five business days of impoundment. Dogs not wearing a dog tag , tattoo or microchip maY be recovered wit hin U\ree business days of impoundment Injured or sick dogs shall be exempt from these recovery periods . 2. Dogs may be recovered only by a person who offers satisfactory proof · of ownership or authorization 10 obla in custody of the dog . prese nts satisfactory proof of current rabies vaccinat ion and who pays the charges for recovering impounded dogs as established by Ihe department. 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 83 January 2,2018 6.0 1.330 Disposit ion of dogs . 1. A dog which has not been recov ered within the applicable 1lme frame after impoundment as set forth in this Chapter. may be sold , offered for legal adop tion Of destroyed. 2. A dog vo lunta ril y given 10 the department by the dog owner for the purpose of disposal may be so ld. offered for legal adopt ion or destroyed forthwith withou t awaiti ng expiration of recovery period . 6.01.3-40 Remittance of fees and charges Where dogs are impo unded in an aoimal she lter mai ntained by a private organization under contr act with the county . the impoundment charge , ad ditiona l charges and applicab le fines shall be remi tted to the cou nty for deoosit In the general fund ARTICL E V; REG ISTRA nON OF DANGEROUS DOGS 6.01.350 Dangerous dogs -Registration requ irements -Fees . 1. In addition to any other registration and licensing requirements prov id ed in -this chapter, ills Unlawful for a person to keep any dog which is cons ide red a dangerous dog in the cou nty wi th out a cert ificate of registration issu ed under this section. This section shall not applv to dogs used In law enforce ment officia ls for po lice wor k. Any person found guilty of violation of this Section shall be fined five hundred dolla rs ($500 .00) for each violation. 2. The depa rt men t shall issue a cert ificate of registratio n to the owner of a dangerous dog if the owner presents to the department sufficien t evidence of: ( a) A prooer enc losu re to confi ne the dangerous dog an d the post ing of th e premises wilhclearly visible wa rn ings sign s tha t there is a dangerous dog on the property. Inaddl'ti on. the owner sha ll conspicuouslV display warning symbols Iha t lnforms childreh of the presence of a dangerous dog. (b) A surety bond issued bV a surety insu rer qua lifie d under RCW Chapter 48.28 in a form acceptable to the department in the sum of at least two hundred and fifty thousand do ll ars ($250,000 .00). insu ring Ule owner against li ability to any person for injuries inflicted by the dangerous dog. (c) A policy of lia bili ty insurance . such as a homeowner 's insurance , Issued by an ins urer qualified under RCW TItle 48 in the amo unt of at leas l fi ft y thousand do ll ars ($50,000.00)' insuring the owner for any personal inj urie s Inflicted by the dangerous dog. 3. A fee shall be se t by Ihe legislative body on an inte rim basis as part of the Kittitas County Sheriff Office 's fee schedure . A fee of one Mndred fifty dollars ($150 .00) shall be paid to lhe department by any person seeking to regis ter a dangerous dog. ART ICLE VI: MISCELLANEOUS PROVISIONS 6,01.450 Severability. Should any section or provision of the ordinance codified in this Chapter be declared by the courts to be unco nstitutional or inv.alld, such dec ision shall not affec t the val idity of th is Chapte r as a who le, or any pa rt thereof other than the part so declared 10 be unconstitutional or invalid. 2017 Docket Enabling Ordinance Ord. # 2018·001 Page 84 January 2,2018 6.01 .460 Immu ni ty. Kittitas County , the animal control authority and the animal control officer shall be immune from any and aU ctvilliablli ly for any actions taken pursua nt to Ulis Chapter, or for any failure take action to enforce the provisions of th is Chapter . It is not the purpose or intent of th is Chapter to create on the pari of Killitas County or iis agents any special duties or relationships with spe cific individuals. 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 85 January 2, 2018 Exhibit H: Amendment 17-08 Amendments to Road Variance Provisions of Title 12 12.01.130 Variances (Departures from the Standards) and Appeals. Variances from these Standards may be granted by the Road Variance Committee, comprised of the Public Works Director, Community Development Services representative, Fire Marshal, or designees, and three citizens appointed by the BOCC. If the proposed road variance Is located within a fire district. notice of the proposed variance shall be provided to the applicable fire district a minimum of 14 days prior to the Road Variance Committee meeting scheduled for consideration of the variance request. The fire district may submit comments on the road variance request up unm the committee has made a decision on the request. The granting of a variance shall be in the public interest. When the need for a variance can be identified in advance, the variance should be proposed at preliminary plat stage and be included for consideration during plan review and public hearing. Variances from the standards in this title will be considered on a case-by-<:ase basis. Variances will be granted only upon evidence that the variance demonstrates the following: A. Unusual circumstances or conditions apply to the property andlor the intended use that do not apply generally to other property in the same vicinity or district; and B. Such variance is necessary for the preservation and enjoyment of a substantial property right of the developer possessed by the owners of other properties in the same vicinity or district; and C. The authorization of such variance will not be materially detrimental to the public welfare or injurious to property in the vicinity or district in which the property is located; and D. Special conditions and circumstances do not result from the actions of the developer; and E. The granting of such variance will not adversely affect the realization of the Kittitas County Comprehensive Plan, Long-Range Transportation Plan or this title. The variance request(s) shall consist of: A. Variance fee. B. Variance application. C. Identification of the standard provision to be waived or varied. D. Identification of the alternative design or construction standards to be adhered to. E. A thorough justification of the variance request. Requests may be prepared by the developer, professional civil engineer licensed to practice in Washington, or professional land surveyor licensed to practice in Washington. To appeal the denial or imposition of conditions of a variance decision, an appeal shall be filed per KCC 15A.07 or KCC 15A.08, based on the underlying land use decision in accordance with Ch. 36.70B RCW. (Ord. 2015-010, 2015) 12.01.130 Variances (Departures from the Standards) and Appeals. Variances from these Standards may be granted by the Road Variance Committee, comprised of the Public Works Director, Community Development Services representative, Fire Marshal, or designees, and three citizens appointed by the BOCC. 2017 Docket Enabling Ordinance Ord. # 2018-001 Page 86 January 2, 2018 The granting of a variance shall be in the public interest. When the need for a variance can be identified in advance, the variance should be proposed at preliminary plat stage and be included for consideration during plan review and public hearing. Variances from the standards in this title will be considered on a case-by-case basis. Variances will be granted only upon evidence that the variance demonstrates the following: A. Unusual circumstances or conditions apply to the property and/or the intended use that do not apply generally to other property in the same vicinity or district; and B. Such variance is necessary for the preservation and enjoyment of a substantial property right of the developer possessed by the owners of other properties in the same vicinity or district; and C. The authorization of such variance will not be materially detrimental to the public welfare or injurious to property in the vicinity or district in which the property is located; and D. Special conditions and circumstances do not result from the actions of the developer; and E. The granting of such variance will not adversely affect the realization of the Kittitas County Comprehensive Plan, Long-Range Transportation Plan or this title. The variance request(s) shall consist of: A. Variance fee. B. Variance application. C. Identification of the standard provision to be waived or varied. D. Identification of the alternative design or construction standards to be adhered to. E. A thorough justification of the variance request. Requests may be prepared by the developer, professional civil engineer licensed to practice in Washington, or professional land surveyor licensed to practice in Washington. To appeal the denial or imposition of conditions of a variance decision, an appeal shall be filed per KCC 15A.07 or KCC 15A.08 , based on the underlying land use decision in accordance with Ch. 36.70B RCW . (Ord. 2015-010 , 2015) 12.01.135 Variance Fairness Standard A. Dis"Q ua!ification 1. A Road Variance Committee member shall disqualify himself or herself from a proceed ing In which the committee member 's impartiality might reasonably be questioned . The fact that a comm ittee member bas considered the same or a sim il ar proposal ill another hearing. has made a ru li ng adverse to the imerests. of a party in this or another hearing. or has previously considered and ruled up on Ihe same or a sim il ar Issue , Is no t a basi 'S for disqua li ficat ion. 2. A request for disqualification shall be granted whenever the committee member: i. Has a personal bias or prejudice con cerni ng the party ; 2017 Docket Enabling Ordinance Ord. # 2018-001 January 2,2018 Page 87 ii. Has served in' a professional or business relationsh ip with respecllo the matter In issue , or is currently associated with a person who is or was so engaged ; or iii. Has directly , or th roudh a family member or fiduciary relationship , a financia l or personal interest in the outcome of the matter or issue. B. Ex Parte Contacts All Road Variance Comm ittee quasi-judicia l proceedlnds are sub lec l to th e ap oeara nce of fairness doctrine . No perso n shall contac t a Ro ad Variance Committee member off the record for lhe purpose of irlftuenci ng the comm ittee membe r's decision. Ex parte contacts lim ited strictly 10 the clarifica ti on of procedural matters (and not to the merits of a dispute) are permitted . A deliberate ex parte contact in violation of this secti on may be deemed an attempt to interfere with Road Variance Committee duties _ Ir a substantiv e ex-parte commUnication Is made to or by the committee member . the commiUee member shall pu blicly disclose it. 12.01.140 Authority of the Public Works Director. The Director of Public Works or his/her designee shall have the authority, on behalf of the County, to ascertain that all design and construction complies with the requirements set forth in these Standards. (Ord. 2015-010 , 2015) 2017 Docket Enabling Ordinance Ord. # 2018·001 Page 88 January 2,2018