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HomeMy WebLinkAboutCDS_SetPHearing_Rescind Item2225_Ord2022017KITTITAS COUNTY COMMUNITY DEVELOPMENT SERVI(_-ES 2023 AGENDA STAFF REPORT AGENDA DATE: October 3, 2023 ACTION REQUESTED: Request to Set a Public Hearing for 2:00pm local time to Consider Resc October 17, 2023, at znding Item 22-25 in Ordinance 2022-017. BACKGROUND: The Mardee Lake non -project rezon 22-00005) is Item 22-25 within Ordi �nc 22-00005 and CP recent invalidity order from the Gro1 4h a Hearings The Management Board requires the coin i Hearings Project rezone prior to removingthe ty to rescind the non- public hearing is required for the Bo nvalidity order. A the non -project rezone for Mardee La ke to act on rescinding INTERACTION: Community Development Services; P Office. rosec uting Attorney s RECOMMENDATION: Set a Public Hearing for October 17, 2 Item 22_�023, at 2:OOpm local 2022-017. � 5 in Ordinance time to Consider Rescinding HANDLING: Return one original to Public Works for Co Development Services.' ATTACHMENTS: Ordinance 2022-017. LEAD STAFF: Mark R. Cook, Director. 9/26/23, 10:55 AM newspaper -tent (11).html Public Notice Kittitas County, Ellensburg WA The Board of Kittitas County Commissioners will meet at 2:00 pm on October 17, 2023 in the Commissioners' Auditorium, 205 West 5th Avenue, Room 109, Kittitas County Courthouse, Ellensburg, WA to consider rescinding Item 22-25 in Kittitas County Ordinance 2022-017. For more information, please contact Community Development Services at 509-962-7506. Clerk of the Board Publish: Daily Record: 10/05/2023; 10/12/2023 North Kittitas County Tribune: 10/05/2023; 10/12/2023 file:///C:/Users/candle.leader/Downloads/newspaper-text (11).html 1/1 9/26/23, 10:55 AM www-text (11).html For more information, contact Public Works Anyone with an interest in this matter is urged to attend said hearing where all testimony will be taken. Written comments may be received at 205 W 5th Ave. STE 108, Ellensburg, WA 98926 at or prior to the hearing. Kittitas County complies with all ADA requirements. file:///C:/Users/candie.leader/DownloadsAw-text(11).html 1/1 BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON ORDINANCE NO.2022 -� REVISIONS OF KITTITAS COUNTY CODE AND COMPREHENSIVE PLAN AS PART OF THE 2022 ANNUAL COMPREHENSIVE PLAN AMENDMENT CYCLE. Whereas, this ordinance, revising Kittitas County Code and Comprehensive Plan, contains four sections of findings, as follows: Section I - Procedural Findings Section II - Board of County Commissioners Findings Section III - Final Decision and Signatures Exhibits A-T - Changes to Kittitas County Code and Comprehensive Plan SECTION I PROCEDURAL FINDINGS Whereas, Kittitas County opted into the Growth Management Act, RCW 36.70A, voluntarily on December 27, 1990, through Resolution 90-138; and Whereas, The Kittitas County GMA Comprehensive Plan was originally adopted on July 26, 1996 by the Kittitas County Board of County Commissioners; and Whereas, 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 Whereas, KittiW County Code 15B.03.030 requires amendments to the comprehensive plan or development regulations that are docketed by June 301 must be approved or denied by the Board of County Commissioners on or before December 3 1 " of that same calendar year; and Whereas, Kittitas County Community Development Services docketed a list of suggested changes to the Kittitas County Code and Comprehensive Plan and made these proposals readily available for review by the public in Community Development Services and within the County's official website; and Whereas, Kittitas County submitted its proposed docketed items on October 19, 2022 to the Department of Commerce as required by statute and received a letter of receipt on October 19, 2022 that the docket proposal had been received and was sent to other agencies for comment; and Whereas, Comments were received from state agencies and members of the public; and Whereas, Kittitas County filed its overall docket SEPA checklist and SEPA checklist for five citizen -initiated comprehensive plan amendments and rezone applications on September 8, 2022 and issued a Determination of Non -significance (DNS) for the annual docket items on September 8, 2022 through authority of WAC 197-11-340; and Whereas, One timely SEPA appeal was received for the Mardee Lake comprehensive plan amendment and rezone applications (CP-22-00005 & RZ-22-00005); and Whereas, Due public notice was placed upon the County official website and in the Northern Kittitas County Tribune on October 27, 2022 and November 3, 2022, and in the Daily Record on October 27, 2022 and November 3, 2022 regarding the Planning Commission public hearing; and Whereas, The Planning Commission conducted a public hearing on November 8, 2022 and November 9, 2022 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 in the Northern Kittitas County Tribune on November 3, 2022 and November 10, 2022, and in the Daily Record on November 3, 2022 and November 10, 2022, the Kittitas County Board of County Commissioners held an open public hearing on November 29, 2022; and Whereas, After deliberation, the Board of County Commissioners made decisions on each docket item presented; and Whereas, 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 Comprehensive Plan; and Whereas, The Kittitas County Board of County Commissioners considered enabling documents before the public on December 20, 2022. SECTION 1� — BOARD OF COUNTY COMMISSIONERS FINDINGS General Findin s: The Kittitas County Board of County Commissioners held a public hearing on November 29, 2022, to hear testimony and accept written comments regarding proposed amendments to the Kittitas County Code and Comprehensive Plan. 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 hearing included: 2022 Proposed AMENDMENTS to Kittitas County Code and Comprehensive Plan Number Applicant Name Project Description Planning Commission Staff Recommendation Recommendation Amend KCC 17.11, 17.08, 17.15, 17.16, 17.22, 17.24, 17.32, The Planning 17.36, 17.40, 17.44, Commission 17.48, and 17.52 to unanimously implement Interlocal recommended approval Agreement (ILA) of the amendments as Staff 22-01 Kittitas Count y between Kittitas County proposed and recommended approval of the and the City of recommended that Ellensburg regarding comments from Steve amendment as development in the Willard be forwarded proposed. Ellensburg Urban to the Board of County Growth Area (Resolution Commissioners for 2022-013). consideration. Amend KCC 17.08 to add definitions of The Planning "Construction Business Commission Staff 22-02 Kittitas County and Trades" and unanimously recommended CDS Staff "Contractor Yard" and recommended denial of approval of the amend KCC 17.15 to add the amendment as amendment as "Contractor Yard" to proposed. proposed. land use tables. The Planning Staff 22-03 Kittitas County Housekeeping Commission unanimously recommended CDS Staff amendments to KCC Title 15 I6 and 17, recommended approval approval of the ' of the amendment as amendment as proposed, proposed. Amend KCC 17.08 to The Planning update definitions of Commission Staff 22-04 Kittitas County "Accessory dwelling unanimously recommended CDS Staff unit," "Accessory living recommended approval approval of the quarters," and of the amendment as amendment as "Guesthouse." proposed. proposed. The Planning Amend KCC 17.08.195 Commission to redefine "Daycare unanimously facilities" and amend recommended approval Staff 22-05 Kittitas County KCC 17.15.070.1 and with a minor recommended CDS Staff KCC 17.15 to allow amendment and approval of the daycare facilities in recommended these amendment as Residential, Residential provisions be extended proposed. 2, and Urban Residential to the Rural 5 and zoning districts. Rural 3 zoning districts. Amend KCC 17.44.060 The planning to increase maximum Commission Staff 22-06 Commissioner building height in the unanimously recommended Osiadacz Highway Commercial recommended approval approval of the Zone to 40 feet and of the amendment as amendment as remove the reference to 16 proposed proposed. r _ stories.' Amend KCC 12.05 to The Planning allow for vesting of Commission Staff, 22-07 Commissioner exiting driveway unanimously recommended Wright accesses established recommended approval approval of the prior to county road of the amendment as amendment as access ermits, proposed proposed. Amend KCC 16.12.040 to allow for lots smaller Staff than the zoning The planning recommended a minimum lot size in Commission revision of the Commercial Ag, Ag 5, 22-08 Commissioner recommended approval ppr as originally proposed proposed amendment that and Ag 20 zones where a Wright residence has existed for but with a minor would perpetually at least five years and amendment, by a vote limit the where the lot has not of 4 to 0 with one remainder lot's been divided for at least abstention. use to agricultural 15 yLaLs. purposes. Amend KCC 17.08 to exclude retaining walls The Planning of up to four feet in Commission Staff 22-09 Kittitas County height from structural unanimously recommended CDS Staff setbacks when necessary recommended approval approval of the for access permits and to of the amendment as amendment as allow for a maximum proposed proposed. 18-inch structural encroachment into setbacks. 22-10 WITHDRAWN Amend KCC 17.90.010 to clarify that alterations The Planning Staff 22-11 Kittitas Count y or expansions of Commission unanimously recommended CDS Staff nonconforming residential structures recommended approval approval of the shall not increase their of the amendment as amendment as proposed. nonconformi . proposed. Amend 17.16.080, The Planning 17.18.080, 17.28.060, Commission Staff 22- l2 Kittitas County 17.28A.060, 17.29.070, unanimously recommended CDS Staff 17.31.070, and 17.56.060 recommended approval approval of the to remove "to the main of the amendment as amendment as building" language, proposed. Proposed. 22-13 WITHDRAWN Amend KCC Title 15A Table A to include The Planning Staff Reasonable Use and Commission recommended 22-14 Kittitas County Public Agency and unanimously approval ofthe CDS Staff Utility Exception that recommended approval amendment with were adopted with new with the proposed staff one minor critical areas ordinance revision. revision. in 2021. Staff The Planning recommended New Chapter 8.21 that Commission approval of the 22-15 Kittitas County would expand recycling unanimously amendment with Solid Waste and yard waste services recommended approval revisions as in Kittitas County. of the amendment with proposed by revisions. Waste Management. 22-16 WITHDRAWN The Planning Amend KCC I T08 to Commission Staff 22-17 Kittitas County clarify which lot lines unanimously recommended CDS Staff and yards are considered recommended approval approval of the "front." of the amendment as amendment as proposed. proposed. The Planning Commission Amend KCC unanimously Staff 22-19 Kittitas County 17.84.010(4) to add recommended approval recommended CDS Staff definition of "substantial of the amendment with approval of the construction." revision to allow amendment as extensions when proposed. conditions are outside of applicant's control. Amend KCC 17.08.290 The Planning Staff to provide limitations for Kittitas County omm Commission recommended 22-19 CHIP and CDS Staff unanimously approval of the customers for home recommended denial of amendment as occupations, the amendment. proposed. The Planning Kittitas Count y Amend KCC Commission Staff recommended 22-20 Prosecutor and CDS Staff 17.15A60(1} to be consistent with WAC unanimously recommended a oval ppI approval of the 365-196-550(3)(a), of the amendment as amendment as proposed. proposed. Comprehensive Plan The Planning Staff Amendment from Rural Commission recommended 22-21 Working to Commercial unanimously approval of the CP-22-00001 Citizen Request — Agriculture and Rezonerecommended approval proposed RZ-22-00001 Fiorito Brothers from Agriculture 20 to of the proposed comprehensive Commercial Agriculture, comprehensive plan plan amendment amendment and and rezone. rezone. The Planning Comprehensive Plan StaffCommission 22-22 Amendment from Rural unanimously recommended Citizen Request — CP-22-00002 Working to Rural recommended approval pp approval of the Thorp Landing RZ 22-00002 Residential and Rezone of the proposed proposed from Agriculture 20 to comprehensive plan comprehensive Agriculture 5. amendment and plan amendment and rezone. rezone The Planning Comprehensive Plan Commission Staff 22-23 Amendment from Rural unanimously recommended Citizen Request — CP-22-00003 Working to Rural recommended approval pp approval of the Flying A Land RZ-22-00003 Residential and Rezone of the proposed proposed from Agriculture 20 to comprehensive plan comprehensive Agriculture 5. amendment and plan amendment rezone. and rezone. The Planning Comprehensive Plan Commission Staff 22-24 Amendment from Rural unanimously recommended Citizen Request — CP-22-00004 Working to Rural recommended approval pp approval of the Teanaway Ridge RZ-22-00004 Residential and Rezone of the proposed proposed frum Forest & Range comprehensive plan comprehensive and Rural 5 to Rural S. amendment and plan amendment rezone. and rezone. Comprehensive Plan The Planning Staff 22-25 Amendment from Rural Commission recommended CP-22-00005 Citizen Request — Working to Rural recommended approval approval of the Mardee Lake RZ-22-00005 Recreation and Rezone of the proposed pro proposed p from Forest & Range to comprehensive plan comprehensive Recreation, amendment and rezone plan amendment by a vote of 4 to 1. and rezone. 22-26 1 WITHDRAWN 22-01 Kittitas County Proposal: Amend KCC 17.11, 17.08, 17.15, 17.16, 17.22,17.24,17.32, 17.36, 17.40, 17.44, 17.48, and 17.52 to implement Interlocal Agreement (ILA) between Kittites County and the City of Ellensburg regarding development in the Ellensburg Urban Growth Area (Resolution 2022-013). The proposed amendments would implement Resolution 2022-013. The Board of County Commissioners held a public hearing on November 29, 2022, and approved the request with AMENDMENTS by a 3-0 vote, finding that. I. The Planning Commission recommended approval as presented by staff to the Board of County Commissioners with a vote of 5-0. II. Public testimony was received for this proposal. III. The change meets the Growth Management Act and the objectives of the Comprehensive Plan. 22-02 Kittitas County Proposal: Amend KCC 17.08 to add definitions of "Construction Business and Trades" and "Contractor Yard" and amend KCC 17.15 to add "Contractor Yard" to land use tables The proposed amendment to KCC 17.08 and KCC 17.15 would allow contractor yards by conditional use permit in the Ag 5, Rural 5, Ag 20, and Forest & Range zones and by administrative conditional use permit in the General Commercial and Highway Commercial zones. Contractor yards would be a permitted use in General Industrial zones. Contractor yards would be permitted in Light Industrial zones but would require an administrative conditional use permit when abutting a residential zoning district. Standards for contractor yards would be added to each land use table to minimize impacts to adjacent uses. The Board of County Commissioners held a public hearing on November 29, 2022, and denied the request as presented by a 3-0 vote, finding that: I. The Planning Commission recommended denial as presented by staff to the Board of County Commissioners with a vote of 5-0. 11. Public testimony was received for this proposal. III. The change meets the Growth Management Act and the objectives of the Comprehensive Plan. The Board of County Commissioners remanded this item for community outreach and to bring recommendations as a part of the 2023 Annual Docket. 22-03 Kittitas County Proposal: Housekeeping amendments to KCC Title 15,16, and 17. The proposed amendments to KCC Title: 15, 16, and 17 would revise the definition of "Family" for compliance with SB 5235 and correct typos and incorrect references. The Board of County Commissioners held a public hearing on November 29, 2022, and approved the request as presented by a 3-0 vote, finding that: I. The Planning Commission recommended approval to the Board of County Commissioners with a vote of 5-0. 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. 22-04 Kittitas County Proposal: Amend KCC 17.08 to update definitions of "Accessory dwelling unit," "Accessory living quarters," and "Guesthouse." This amendment would amend these definitions to clarify that these uses contain an installed cook source. The Board of County Commissioners held a public hearing on November 29, 2022, and approved the request as presented by a 3-0 vote, finding that: I. The Planning Commission recommended approval to the Board of County Commissioners with a vote of 5-0. II. No public testimony for this proposal was received. III. The change meets the Growth Management Act and the objectives of the Comprehensive Plan. 22-05 Kittitas County Proposal Amend KCC 17.08.195 to redefine "Daycare facilities" and amend KCC 17.15.070.1 and KCC 17.15 to allow daycare facilities in Residential, Residential 2, and Urban Residential zoning districts. Daycare facilities serving less than 13 people in a 24-hour period would be permitted outright, and daycare facilities serving 13 or more people in a 24-hour period would require a conditional use permit. The Board of County Commissioners held a public hearing on November 29, 2022, and approved the Planning Commission recommendation by a 3-0 vote, finding that: 1. The Planning Commission recommended approval with a minor revision and recommended that these provisions be extended to the Rural 5 and Rural 3 zoning districts by a vote of 5-0. 11. Public testimony was received for this proposal. III. The change meets the Growth Management Act and the objectives of the Comprehensive Plan. 21-06 Kittitas County Proposal: Amend KCC 17.44,060 to increase maximum building height in the Highway Commercial Zone to 40 feet and remove the reference to "stories." Currently the maximum height is two and one-half stories, or 35 feet, whichever is less. The amendment would remove the references to stories, which are not a standard unit of measurement, and would increase the overall height limit from 35 feet to 40 feet. The Board of County Commissioners held a public hearing on November 29, 2022, and approved the request as presented by a 3-0 vote, finding that: I. The Planning Commission recommended approval to the Board of County Commissioners with a vote of 5-0. II. No public testimony for this proposal was received. III. The change meets the Growth Management Act and the objectives of the Comprehensive Plan. 22-07 Kittitas County Proposal: Amend KCC 12.05 to allow for vesting of exiting driveway accesses established prior to county road access permits. The proposed amendment to KCC 12,05 would allow for vesting of existing driveway accesses established prior to county road access permits. The Board of County Commissioners held a public hearing on November 29, 2022, and approved the request as presented by a 3-0 vote, finding that: I. The Planning Commission recommended approval of the proposal to the Board of County Commissioners with a vote of 5-0. II. No public testimony for this proposal was received. III. The change meets the Growth Management Act and the objectives of the Comprehensive Plan. 22-08 Kittitas County Proposal: Amend KCC 16.12.040 to allow for lots smaller than the zoning minimum lot size in Commercial Ag, Ag 5, and Ag 20 zones. This amendment would allow for lots smaller than the zoning minimum lot size in Commercial Ag, Ag 5, and Ag 20 zones where a residence has existed for at least five years and where the lot has not been divided for at least 15 years. The Board of County Commissioners held a public hearing on November 29, 2022, and approved the request with AMENDMENTS by a 3-0 vote, finding that: I. The Planning Commission recommended approval to the Board of County Commissioners with a vote of 4-0 with one abstention. II. Public testimony was received for this proposal._ III. The change meets the Growth Management Act and the objectives of the Comprehensive Plan. 22-09 Kittitas County Proposal: Amend KCC 17.08 to exclude retaining walls of up to four feet in height from structural setbacks when necessary for access permits and to allow for a maximum 18-inch structural encroachment into setbacks. The overhang encroachment amendment would codify current practice, The retaining wall amendment would remove setback requirements for retaining walls for access permits which logically need to be located within required setbacks. The Board of County Commissioners held a public hearing on November 29, 2022, and approved the request as presented by a 3-0 vote, finding that: I. The Planning Commission recommended approval to the Board of County Commissioners with a vote of 5-0, II. No public testimony for this proposal was received. III. The change meets the Growth Management Act and the objectives of the Comprehensive Plan. 22-10 WITHDRAWN 22-11 Kittitas County Proposal: Amend KCC 17.80.010 to clarify that alterations or expansions of nonconforming residential structures shall not increase their nonconformity. Currently, this section of code does not allow nonconforming structures to be altered, expanded, etc., but this limitation does not apply to residential structures. The proposed amendment would still allow expansion of nonconforming residential structures but would not allow expansion that increased the nonconformity. The Board of County Commissioners held a public hearing on November 29, 2022, and approved the request as presented finding that: I. The Planning Commission recommended approval to the Board of County Commissioners with a vote of 5-0. II. No public testimony for this proposal was received. III, The change meets the Growth Management Act and the objectives of the Comprehensive Plan. 22-12 Kittitas County Proposal: Amend 17.16.080, 17.18.080, 17.28.060, 17.28A.060, 17,29.070, 17.31.070, and 17.56.060 to remove "to the main building" language. The proposed amendments would establish a standard setback requirement. The Board of County Commissioners held a public hearing on November 29, 2022, and approved the request as presented by a 3-0 vote, finding that: I. The Planning Commission recommended approval to the Board of County Commissioners with a vote of 5-0. II. No public testimony for this proposal was received. III. The change meets the Growth Management Act and the objectives of the Comprehensive Plan.. 21-13 WITHDRAWN 22-I4 Kittitas County Proposal: Amend KCC Title 15A Table A to include Reasonable Use and Public Agency and Utility Exception that were adopted with new critical areas ordinance in 2021. The proposed amendment to KCC Title 15A Table would include Reasonable Use and Public Agency and Utility Exceptions that were adopted with new critical areas ordinance in 2021. The Board of County Commissioners held a public hearing on November 29, 2022, and approved the request with an AMENDMENT by a 3-0 vote, finding that: 1. The Planning Commission recommended approval with a staff -recommended revision to the Board of County Commissioners with a vote of 5-0. I1. No public testimony for this proposal was received. III. The change meets the Growth Management Act and the objectives of the Comprehensive Plan. 22-15 Kittitas County Proposal: New Chapter 8.21 that would expand recycling and yard waste services in Kittitas County. The proposed amendment would create a new Chapter 8.21 that would expand recycling and yard waste services in Kittitas County. The Board of County Commissioners held a public hearing on November 29, 2022, and approved the request with revisions as presented by a 3-0 vote, finding that: I. The Planning Commission recommended approval to the Board of County Commissioners with a vote of 5-0. II. Public testimony was received for this proposal. III. The change meets the Growth Management Act and the objectives of the Comprehensive Plan. 22-16 WITHDRAWN 22-17 Kittitas County Proposal: Amend KCC 17.08 to clarify which lot lines and yards are considered "front." The proposed amendment to KCC 17.08 would clarify which lot lines are considered front. The Board of County Commissioners held a public hearing on November 29, 2022, and approved the request as presented by a 3-0 vote, finding that: I. The Planning Commission recommended approval to the Board of County Commissioners with a vote of 5-0. 11. No public testimony was received for this proposal. Ill. The change meets the Growth Management Act and the objectives of the Comprehensive Plan. 22-18 Kittitas County Proposal: Amend KCC 17.84.010(4) to add definition of "substantial construction." The proposed amendment to KCC 17.84.010(4) would amend the variance criteria in KCC 17.84.010(4) to include a definition of "substantial construction." Currently, an approved variance becomes void after one year if no substantial construction has taken place, but "substantial construction" is not defined. The new definition would require one or more building inspection approvals in order to be considered "substantial construction." The Board of County Commissioners held a public hearing on November 29, 2022, and approved the request as recommended by a 3-0 vote, finding that: I. The Planning Commission recommended approval to the Board of County Commissioners with a vote of 5-0 with a revision to allow extensions where conditions are outside of applicant's control. II. No public testimony for this proposal was received. III. The change meets the Growth Management Act and the objectives of the Comprehensive Plan. 22-19 Kittitas County Proposal: Amend KCC 17.08.2" to provide limitations for employees and customers for home occupations. The proposed amendment to KCC 17.08.290 would provide limitations for employees and customers for home occupations in order to limit impacts on surrounding residential uses. The Board of County Commissioners held a public hearing on November 29, 2022, and denied the request as presented by a 3-0 vote, finding that: I. The Planning Commission recommended denial to the Board of County Commissioners with a vote of 5-0. II. No public testimony for this proposal was received. III. The change meets the Growth Management Act and the objectives of the Comprehensive Plan. 22-20 Kittitas County Proposal: Amend KCC 17.15.060(1) to be consistent with WAC 365-196-550(3)(a). The proposed amendment to KCC 17.15.060(1) would remove footnote 58 because it is in conflict with WAC 365-196-550(3)(a), which states, "Cities and counties may not use their comprehensive plan or development regulations to preclude the siting of essential public facilities. Comprehensive plan provisions or development regulations preclude the siting of an essential public facility if their combined effects would make the siting of an essential public facility impossible or impracticable." The Board of County Commissioners held a public hearing on November 29, 2022, and approved the request as presented by a 3-0 vote, finding that: I. The Planning Commission recommended approval to the Board of County Commissioners with a vote of 5-0. II. No public testimony was received for this proposal. III. The change meets the Growth Management Act and the objectives of the Comprehensive Plan. 22-21 Citizen -Initiated Proposal: Comprehensive Plan Amendment and Rezone This amendment was proposed by a private citizen and has been assigned file numbers CP-22-00001 and RZ-22-00001. Fiorito Brothers Inc. is proposing a comprehensive plan land use map amendment from Rural Working to Commercial Agriculture and a rezone of 27.20 acres from Agricultural 20 to Commercial Agriculture to match surrounding properties. A comprehensive plan amendment (CP-22-00001), rezone application (RZ-22-00001), and SEPA checklist were submitted as part of the application packet. The processing of this non -project specific rezone is consistent with Kittitas County Code 15B4O3 Amendments to Comprehensive Plan. The Board of County Commissioners held a public hearing on November 29, 2022 and approved the request as presented by a 3-0 vote, finding that: I. The Planning Commission recommended approval to the Board of County Commissioners with a vote of 5-0. I1. No public testimony for this proposal was received. Ill. The change meets the Growth Management Act and the objectives of the Comprehensive Plan. 22-22 Citizen -Initiated Proposal: Comprehensive Plan Amendment and Rezone This amendment was proposed by a private citizen and has been assigned file numbers CP-22-00002 and RZ-22-00002. Thorp Landing LLC is proposing a comprehensive plan land use amendment from Rural Working to Rural Residential and a rezone of 72.78 acres from Agricultural 20 to Agricultural 5. A comprehensive plan amendment (CP-22-00002), rezone application (RZ-22-00002), and SEPA checklist were submitted as part of the application packet. The processing of this non -project specific rezone is consistent with Kittitas County Code 15B.03 Amendments to Comprehensive Plan. The Board of County Commissioners held a public hearing on November 29, 2022 and approved the request as presented by a 2-1 vote, finding that: I. The Planning Commission recommended approval to the Board of County Commissioners with a vote of 5-0. II. Public testimony was received for this proposal. III. The change meets the Growth Management Act and the objectives of the Comprehensive Plan, 22-23 Citizen -Initiated Proposal: Comprehensive Plan Amendment and Rezone This amendment was proposed by a private citizen and has been assigned file numbers CP-22-00003 and RZ-22-00003. Flying A Land LLC is proposing a comprehensive plan land use map amendment from Rural Working to Rural Residential and a rezone of 18 parcels, equaling 127.52 acres from Agriculture 20 to Agriculture 5 to match adjacent properties. The rezone will allow the current use of the property to be consistent and compatible with the zoning code, as well as allow future expansion of existing uses. A comprehensive plan amendment (CP-22-00003), rezone application (RZ-22-00003), and SEPA checklist were submitted as part of the application packet. The processing of this non -project specific rezone is consistent with Kittitas County Code 1513.03 Amendments to Comprehensive Plan. The Board of County Commissioners held a public hearing on November 29, 2022 and approved the request as presented by a 3-0 vote, finding that: 1. The Planning Commission recommended approval to the Board of County Commissioners with a vote of 5-0. II. No public testimony for this proposal was received. III. The change meets the Growth Management Act and the objectives of the Comprehensive Plan. 22-24 Citizen -Initiated Proposal: Comprehensive Plan Amendment and Rezone This amendment was proposed by a private citizen and has been assigned file numbers CP-22-00004 and RZ-22-00004. Teanaway Ridge LLC is proposing a comprehensive plan land use map amendment from Rural Working to Rural Residential and a rezone of 2 parcels, equaling 86.58 acres, from Forest & Range and Rural 5 to Rural 5 to match adjacent properties. The rezone will allow the current use of the property to be consistent and compatible with the zoning code, as well as allow future expansion of existing uses. A comprehensive plan amendment (CP-22-00004), rezone application (RZ-22-00004), and SEPA checklist were submitted as part of the application packet. The processing of this non -project specific rezone is consistent with Kittitas County Code 1513.03 Amendments to Comprehensive Plan. The Board of County Commissioners held a public hearing on November 29, 2022 and approved the request as presented by a 3-0 vote, finding that: 1. The Planning Commission recommended approval to the Board of County Commissioners with a vote of 4-0. 11. Public testimony was received for this proposal. III. The change meets the Growth Management Act and the objectives of the Comprehensive Plan. 22-25 Citizen -Initiated Proposal: Comprehensive Plan Amendment and Rezone This amendment was proposed by a private citizen and has been assigned file numbers CP-22-00005 and RZ-22-00005. Terra Design Group Inc. (Chad Bala), agent for Mardee Lake Inc., is proposing a rezone and map amendment to four parcels (808335, 818335, 828335 and 838335) currently zoned Forest and Range with a Rural Working Land Use, rezoned to Rural Recreation zoning and land use designation. The rezone will allow the current use of the property to be consistent and compatible with the zoning code of rural recreation, as well as allow future expansion of existing uses. A comprehensive plan amendment (CP-22- 00005), rezone application (RZ-22-00005), and SEPA checklist were submitted as part of the application packet. Kittitas County issued a Determination of Non -Significance (DNS) on September 8, 2022. A timely SEPA appeal was filed on October 27, 2022. The SEPA appeal was considered by the Board of County Commissioners prior to considering comprehensive plan amendment and rezone applications. The processing of this non project specific rezone is consistent with Kittitas County Code 15B.03 Amendments to Comprehensive Plan. Prior to considering the comprehensive plan amendment and rezone applications, the Board of County Commissioners conducted an appeal hearing and denied the SEPA appeal, finding that: I. No public testimony was taken for this proposal I1. The comprehensive plan amendment and rezone do not have environmental impacts. 111. The County's Critical Areas Ordinance and other environmental regulations would still apply to future development of the property. IV. The County's authority to conduct SEPA reviews would still apply to future development of the property. V. Upholding the appeal would have negative effects on future non -project comprehensive plan and rezone applications. The Board of County Commissioners then held a public hearing on November 29, 2022 and approved the request as presented by a 3-0 vote, finding that: I. The Planning Commission recommended approval to the Board of County Commissioners with a vote of 4-1. II. Public testimony was received for this proposal. 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 amendments to KCC 17.11, 17.08, 17.15, 17.16, 17.22, 17.24, 17.32, 17.36, 17.40, 17.44, 17.48, and 17.52, as shown in Exhibit A. BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves housekeeping amendments to KCC Title 15, 16, and 17, as shown in Exhibit B. BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves amendments to the KCC 17.08, as shown in Exhibit C. BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves amendments to KCC 17.08 and 17.15, as shown in Exhibit D. BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves amendment to 17.44.060, as shown in Exhibit E. BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves amendment to KCC 12.05, as shown in Exhibit F. BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves amendments to KCC 16.12.040, as shown in Exhibit G. BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves amendments to KCC 17.08, as shown in Exhibit H. BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves amendments to KCC 17.80.010, as shown in Exhibit I. BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves amendments to KCC 17.16.080, 17,18.090, 17.28.060, 17.28A.060, 17.29.070, 17.31.070, and 17.56.060, as shown in Exhibit J. BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves amendments to Title 15A Table A, as shown in Exhibit K. BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves an amendment to KCC Title 8, creating a new KCC Chapter 8.21, as shown in Exhibit L. BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves amendments to KCC 17.08, as shown in Exhibit M. BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves amendments to KCC 17.84.010(4), as shown in Exhibit N. BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves amendments to KCC 17.15.060(1), as shown in Exhibit O. BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves a comprehensive map and rezone, as shown in Exhibit P. BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves a comprehensive map and rezone, as shown in Exhibit Q. BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves a comprehensive map and rezone, as shown in Exhibit R. BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves a comprehensive map and rezone, as shown in Exhibit S. BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves a comprehensive map and rezone, as shown in Exhibit T. NOW, BE IT FURTHER ORDAINED that the Board of County Commissioners, after due deliberation, hereby approves the adoption of the 2022 Amendments to the Kittitas County Code as shown in Exhibits A through Q 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. Adopted this 20' day of December 2022, at Ellensburg, Washington. > 6 'deI rk of the Board- Julie Kjorsvik ❑ Deputy Clerk of the Board- Mandy Buchholz r COMMISSIONERS , WASHINGTON Brett Wabhsmilh, Commissioner APPROVED AS TO FORM: Neil Caulkins, Deputy Prosecuting Attorney signing for Gregory L. Zempel Prosecuting Attorney Exhibit A: Docket Item 22-01 City of Ellensburg UGA Interlocal Agreement Chapter 17.08 DEFINITIONS* Sections 17.08. 10 Generally. 17 8 Q1 1 Definitions within he Ellensburg.Urban Growth Area U 17.08.020 Accessory building or accessory use. 17 08.022 Accessory dwelling unit. 17.08.023 Accessory living quarters. 17.08.030 Access road. i 7.08.03M Administrative. 17. 31 Adult Family Home. 17A. 8.032 Agriculture processing. 17.08.033 Agriculture production. 17.08.034 Agriculture sales. 1_7.08.034A Agriculture sales - enhanced. 17.08.0348 Agricultural enhanced uses (AEU). 17.08,034C Agricultural direct marketing activities. 17.08 034D Agricultural seasonal harvest festivities, 17 08.034E Agricultural expanded seasonal harvest festivities. 17.08.035 Agriculture Study Overlay Zone. 17.08.040 Airport. 17-08.050 Alteration. 17.08.060 Amendment. 7l 08.063 Amenity funds. 17.08.067 Animal boarding. 17.08.06B Animal Crematory. 7.08.070 Repealed. 17.08,100 Auto wrecking yard. 17 0_ . 8.10i Battery charging station. 17.08.102 Battery electric vehicle (BEV). 08.103 Battery exchange station. 17.08.105 Bed and breakfast. 17,08.110 Board. 17.08.1^20 Repealed. 7Z.08.130 Building. 17.08.135 Building height. 17.0Q,140 Building line. 17.08.150 Repealed. 17.0. 8.1S5 Campground. 17.08.155A Campground, primitive. 17.08.156 Campsite. 17.08.157 Camping unit. 17.08.158 Charging levels. 17.08.160 Clinic. 17.08.161 Clubhouses, fraternities and lodges 17.08.162 Repealed. 17.08.163 Repealed. 17,0&165 Commercial activities associated with agriculture. : 7.08,170 Commission. 17.08.171. Common area 17.0_ 8.,180 Conditional uses. 17,08.183 Conservation easement. .17. 08.187 Conservation or resource values. 17.08,188 County 17.08.190 County arterial road. 17.08.191 Critter pad. 17.08.195 Day care facilities. 17.08.197 Density(ies). 17.08198 Repealed. 17.08.198A Develop 17.08.198B Development 17.08.199 Development right. 17�08,199A Director 17.08.200 Dwelling. 17.08.210 Dwelling, multiple -family. 17.08.211 Dwelling, single-family 17.Q8 220 Dwelling, two-family. 71 08.221 Electric scooters and motorcycles. 17.08.222 Electric vehicle. 17.08.223 Electric vehicle charging station. 17.08.223A Electric vehicle charging station - restricted. 17.08.223B Electric vehicle charging station - public. 17.08.224 Electric vehicle infrastructure. 17.08.224A Electric vehicle parking space. 17 Q8.225 Explosives. 17.08.226 Explosives Magazine, 17.U8 227 Explosives Process Building. 17.08.228 Explosives, Storage or Manufacture. 17.08.229 Extremely hazardous waste] 17.08.230 Family, 1._ 7X8.240 Repealed. 17.08.250 Farm. 17 0. 8.255 Farm labor shelter. 17.08--_.255A Farm visit 17.Q8.256 Farm stands. ,17.0$ 26Q Feedlot. 17.08.261 Forestry 17.08.261A Forest product processing 17.08.261 B Forest product sales 17.08.261C Freighting and trucking yard or terminal 17.08.262 Golf Course. 17.08.262A Grade 17.08.262B Grading 17.08.262C Grazing 17.08.263 Group care facility. 17.08.265 Group home. 17.Q8.266 Guest houses. 17.08.270 Guest ranch or guest farm. 17.08.280 Hazardous waste. 17 08.281 Hazardous waste facility. 17,0E 282 Hazardous waste storage. 17.08.283. Hazardous waste treatment. 17.08.290 Home occupation. 17.08.300 Hospital, 17.08.310 Hospital, animal or veterinary. 17 08,320 Impound/towing yard. 17.08.321 Infill. 17.08.324 Interlocal agreement. 17.08.326 Interpretive Center. 17.08.327 Repealed. 17 08.32,9 Junk. 17.08,330 Junkyard. 17.08.340 Repealed, 17 08.360 Lot. 17.08,361 Lot, flag 17.08 70 Lot line, front. 17 08.380 Lot line, rear. 7L_ 08.390 Lot line, side. 17.08.390A Lot, through 17.08.391 Manufactured home. 17.08.392 Manufacturing 17.0,n392A Marijuana processing 17.08.392E Marijuana production 17.08.392C Marijuana retail sales 17 8.393 Medium -speed electric vehicle. 17.08.395 Repealed. 17.08.396 Repealed. 17.08.397 Mini warehouse. 17,9,6;397A Mining and Excavation 97.08,398 Mobile home. 7 08.399 Modular home. 17.08.400 Repealed. 17.08.408 Neighborhood electric vehicle. 17,08.410 Nonconforming use. 8.415 Nurseries. 17.08.412 Non -electric vehicle. 17,08.420 Nursing home, 17.08.421 Office 17.08.424 Off -site hazardous waste facilities. 17.08.427 On -site hazardous waste facilities. 71 .08.421. Open space 17.08A30 Outdoor advertising signs and billboards. 17.08.43QA Overlay zone/district 17.08.430E Ownership 17.08.431 Park model trailer. 17.08.440 Parking space, 17.08.445 Parks and playgrounds. 17.08A50 Planned unit development. 17 08.455 Planning commission or commission. 17.08.455A Plug -In hybrid electric vehicle (PHEV). 17.08.456 Repealed. 17.08.457 Public facilities 17.08,460 Public office building. 17.98AL Rapid charging station. 17.08.462 Receiving site. 17.08.463 Recreation, indoor. 17.08.464 Recreation, outdoor. 1 .0.7. 8.465 Recreational vehicle. 17.08.465A Recreational vehicle park. 17.08.465B, Recreational vehicle/equipment service and repair, 17.08.466 Refuse disposal/recycling 17 8467 Religious institutions 17.08.468 Resource based industry 17.08.469 Restaurant 17.08.469A Retail sales 17.08.470 Rezone. 17.08A71 Rock Crushing 17.08.471 A R.V. Storage 17,08.472 Services 17.08.480 School, public or private. 17.08.485 Shooting range. 17.08.487 Sending site. 17.08.490 Small-scale event facility. 17.08.500 Special care dwelling. 17.08.510 Structural alteration. 17.08.529 Structure. 17.08530 Repealed. 17.08.535 Repealed, 17.08.540 Trailer park, trailer camp, trailer court and mobile home park. 177.08.541 Trails. 17.08.542 Transfer of development rights (TDR). 17.08.543 TDR certificate. 17.08.544 TDR certificate letter of intent. 17.0_ 8.545 TDR credit. 17.08.546 TDR program. 17.0, 8__.547 TDR sending site application. 17.08.550 Use. 17M 550A U-pick/U-cut operations. 17.08.560 Variance. 17.08.560A Vehicle/equipment service and repair 17.08.560B Warehouse and Distribution 17.08.56OC Watershed management facilities 17.08.561 Winery. 17.08.570 Yard. 17.08.580 Yard depth. 17.08.590 Yard, front. 17.08.600 Yard, rear. 17.08.610 Yard, side. 17.08.620 Yurt. * Prior history. Ords. 82-Z-2, 79-Z-3, 77-12, 77-1Z, 76-3, 75-9, 73-3, 68-17 1. Renumbered from 17.08.225 by Ord. 2018-021. 2010 17.08.010 Generally. Certain terms and words used in this title are defined in the following sections. Words used in the present tense include the future; words in the singular number include the plural number; and words in the plural number include the singular number; the word "building" includes the word "structure," and the word "shall' is mandatory and not directory. (Res. 83-10, 1983) .08.011 Definitions within Ellensbu Udon—Gro rea mitMfiffi Within th of EllensbuEg QGA. the definitions in KC[ 17,11,036 shall Iy, Where terms are not defined KCC 1711.03.6. the defijijlign� in KCC 17.08 shalt apply. 17.08.020 Accessory building or accessory use. "Accessory building" or "accessory use" means a subordinate building or use which is incidental to that of the main building or use and located on the same tract or lot as the main building or use. (Ord. 2013-001, 2013; Res. 83-10,1983) 17.08.022 Accessory dwelling unit. "Accessory dwelling unit" means separate living quarters detached from the primary residence. (Ord. 0113-008 2013; Ord. 2013-001, 2013; Ord. 201,0-014 , 2010; Ord. 0-2006-01, 2006) 17.08.023 Accessory luring quarters. "Accessory living quarters" means separate living quarters fully contained within a single structure that contains the primary dwelling. (Ord. 2013-008. 2013; Ord. 2013-001 , 2013; Ord. 0-2006-01, 2006) 17.08.030 Access road. "Access road" means any road, public or private, except a county arterial road. (Res. 83-10, 1983) 17.08.030 Administrative "Administrative" means a discretionary action or permit decision made without a public hearing. rd. 2013-001, 2013) 17.08.031 Adult family home. "Adult family home" means a residential home in which a person or persons provide personal care, special care, room, and board to more than one (1) but not more than six (6) adults who are not related by blood or marriage to the person or persons providing the services. (Qrd. 2013-001, 2013; Ord. 2007-22, 2007) 17.08.032 Agriculture processing "Agriculture processing" includes but is not limited to feed mills., canneries, preparation of agriculture product (produce washing, boxing, bulk packaging, baling, etc.), animal slaughter and meat preparation. Ord. 2013-D.41, 2013) 17.08.033 Agriculture production "Agriculture production" means raising of crops, animals and other agricultural products. Definition excludes feedlots, which are defined separately. (Ord. 2014-005, 2014; CJrd,_2013-001, 2013) 17.08.034 Agriculture sales "Agriculture sales" includes, but is not limited to, private or public sales (including auctions) of agricultural products such as fruit/produce, eggs, milk cheese, and livestock that expand beyond the restrictions for "agricultural direct marketing activities.. ((-rd, 2021-015, 2021; Ord. 2013-001001,2013) 17.08.034A Agriculture sales -enhanced "Agricultural sales -enhanced" means the selling of agricultural products grown or raised locally that have been enhanced to improve market value. Enhanced agricultural sales activities include, but are not limited to: sales of prepared food or beverages, crafts, floral arrangements; and tasting rooms. Marijuana product sales are excluded. Enhanced agricultural sales operations may also include the retail sale of fresh or unprocessed agricultural products. Ord. 2014-01, 2014; 17.08.0348 Agricultural enhanced uses (AEU) "Agricultural enhanced uses (AEU)" refers to a use that is accessary to a working farm, approved winery, distillery, cider house or brewery or any agricultural, horticultural, or agribusiness operation that is open to the public for the purpose of enjoyment, education, or active involvement in the activities of the agricultural operation. These activities must be related to agriculture, and incidental to the primary operation on the site. The retail sales of agricultural related products is considered accessory and subordinate to the agricultural operation when the products sold are grown or produced on site. Qrd. 021-015, 2021; Ord. 2016-023, 2016) 17.08.034C Agricultural direct marketing activities Those accessory activities associated with the retail sale of agricultural products produced on and off the premises. This includes the sale of nonagricultural products (e.g. crafts, antiques, kitchen goods, etc.), educational classes and tours, commercial farm rides on premises, and temporary food services. (turd. 2021-01^5, 2021) 17.08.034D Agricultural seasonal harvest festivities Those temporary and accessory activities associated with the sale of annual harvest crops. These accessory activities may include live music, temporary food service establishments, vendors other than the owners or operators of the farm, commercial farm rides on the premises and recreational activities (e.g, corn mazes, craft booths, etc.). (Ord. 2021-015, 2021) 17.08.034E Agricultural expanded seasonal harvest festivities Expanded Seasonal Harvest Festivities allow a farming activity to expand beyond the restrictions for Seasonal Harvest Festivities. The purpose and intent of the conditional use for Expanded Seasonal Harvest Festivities is to allow direct marketing of crops to the public. It is not to provide alternative ways to create permanent or semi -permanent sales businesses that would otherwise require a zone reclassification to a commercial zone. (OrdOrd. 2U21-015-0�5, 2021) 17.08.035 Agriculture Study Overlay Zone. "Agriculture Study Overlay Zone" means properties containing prime farmland soils, as defined by United States Department of Agriculture Soil Conservation Service in Agriculture Handbook No. 210, and located in the former Thorp Urban Growth Node Boundaries and outside of LAMIRD boundaries. (f2r 2_2013-001, 2013; Ord. 2009-25, 2009) 17.08.040 Airport. "Airport" means any area of land or water designed and set aside for landing and taking off of aircraft. (Res. 83-10, 1983) 17.08.050 Alteration. "Alteration" means a change in construction or a change of occupancy, Where the term alteration is applied to a change in construction, it is intended to apply to any change, addition or modification in construction. Where the term is used in connection with a change of occupancy, it is intended to apply to changes of occupancy from one (1) trade or use to another or from one (1) division of a trade or use to another. (Ord. 2013-001, 2013; Res. 83-10, 1983) 17.08.060 Amendment. "Amendment" means a change in the wording, context, boundaries or maps which are a part of this title by the county commissioners in the manner prescribed by law. (Res. 83-10, 1983) 17.08.063 Amenity funds. "Amenity funds" means cash payments to cities to help offset the costs of taking additional density. (Ord. 2009-25, 2009) 17.08.067 Animal boarding. "Animal boarding" means a facility where animals are housed, fed, and cared for, excluding a veterinary clinic, for a period greater than twenty-four (24) hours for commercial purposes. Such uses shall include, but are not limited to, kennels and boarding stables. (Ord. 2019-013, 2019; Orel. 2013- 0 �, 2013; Ord. 2009-25, 2009, Ord. 2007-22, 2007) 17.08.068 Animal Crematory. Animal Crematory: A dedicated area within a building approved for animal cremation services or an accessory building wherein animal remains are cremated. Qid. 2021-015, 2021) 17.08.070 Repealed. O d 13-001, 2013; Res. 83-10, 1983) 17.08.100 Auto wrecking yard. "Auto wrecking yard" means any place in the business of buying, selling or dealing in vehicles of a type required to be licensed under the laws of this state, for the purpose of wrecking, dismantling, disassembling or substantially changing the form of any motor vehicle, or which buys or sells integral secondhand parts of component material thereof. (Res. 83-10, 1983) 17.08.101 Battery charging station. "Battery charging station" means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by chapter 1�.28 RC W and consistent with rules adopted under 1tCW 19.27.540. (Ord. 2011-013, 2011; Res. 83-10,1983) 17.08.102 Battery electric vehicle (BEV). "Battery electric vehicle (BEV)" means any vehicle that operates exclusively on electrical energy from an off -board source that is stored in the vehicle's batteries, and produces zero tailpipe emissions or pollution when stationary or operating. (Ord.2013001, 2013; Ord. 2011 0133, 2011; Res. 83-1Q 1983) 17.08.103 battery exchange station. "Battery exchange station" means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by chapter 19.27 RCW and consistent with rules adopted under ROW-19.27.54 . (Ord. 2013 001, 2013; Ord. 2011-013, 2011; Res. 83-10, 1983) 17.08.105 Bed and breakfast. "Bed and breakfast" means any establishment located in a structure designed for a single family residence that has more than two (2) rooms for rent on a daily basis and offers a meal as part of the cost of a room, regardless of whether the owner or operator of the establishment resides in any of the structures. Excludes rehabilitation centers, group homes, clinics, nursing homes, church camps, and other similar uses. (Q_ rd. 2013-001, 2013; Ord. 93-21 (part), 1993) 17.08.110 Board. "Board" means Kittitas County Board of County Commissioners. Card. 2 ] 3-e301, 2013; Res. 83-10, 1983) 17.08.120 Repealed. Qf rd. �012.009., 2012; Res. 83-1Q 1983) 17.08.130 Building. "Building" means a structure having roof supported by columns or walls for the shelter, support or enclosure of persons, animals or chattels. (ices. 83-10, 1983) 17.08.135 Building height. "Building height" means the vertical distance from grade plane to the average height of the highest roof surface. Grade plain is the reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six (6) feet (1829 mm) from the building, between the building and a point six (6) feet (1829 mm) from the building. (ard. Z013MI 2013; Card. 2010-014, 2010) 17.08.140 Building line. "Building line" means a line established at a minimum distance a building may be located from any property line as determined by the standards of this title. (Res. 83-10, 1983) 17.08.1 SO Repealed. (Ord, 2Q13&Ql, 2013; Res. 83-10, 1983) 17.08.155 Campground. "Campground" means any parcel or tract of land under the control of any person, organization, or governmental entity wherein two (2) or more recreational vehicle, recreational park trailer or other camping unit sites are offered for the use of the public or members of an organization. Typically the length of stay for a majority of the guests will range from one (1) to fourteen (14) days. The purpose of a campground use shall relate primarily to vacation, recreation and similar pursuits, and is not a place of permanent residence for the campers. A single-family residence may be allowed for the owner or caretaker. Very limited service commercial activities may be allowed which are intended for campers of the campground and must be approved as part of a conditional use permit. Youth Camps may offer additional education and child-care assistance elements as secondary uses to the Campground. These secondary uses shall comply with all applicable Federal, State and local regulations. (Orel. 2021-015, 2021; Ord. 2013-012, 2013; mod. 2013.001., 2013;Ord. 2007-22, 2007) 17.08.155A Campground, primitive. "Campground, primitive" means dispersed camping outside of a designated campground or a campground without full amenities. Dispersed camping means there are no designated campsites, no toilets, no picnic tables, no trash cans, no treated water, and no fire graves. Dispersed camping is not allowed in the vicinity of developed recreation sites such as campgrounds, boat ramps, picnic areas, or trailheads. A campground without full amenities means that sanican/vault toilets, campfire rings, picnic tables, and graveled/identified campsites are allowed; however no utilities such as water, septic, and power, or pavement are allowed except for paved road aprons or similar. (Ord. 2018-021, 2018; Ord. 2015-010, 2015) 17.08.156 Camp site. "Camp site" means a specific area within an RV park or campground that is set aside for use by a camping unit. 0�013-001, Z013; Ord. 2007-22, 2007) 17.08.157 Camping unit. Camping unit means any portable structure, shelter or vehicle designed and intended for occupancy by persons engaged in RV activities or camping. The basic units are: recreational vehicle, tent, portable camping cabin, teepee, yurt or other portable shelter. (Ord. 2013-001, 2013; Ord. 2007-22, 2007) 17.08.158 Charging levels. "Charging levels" means the standardized indicators of electrical force, or voltage, at which an electric vehicle's battery is recharged. The terms 11 1," "2," and "3" are the most common EV charging levels, and include the following specifications: • Level 1 is considered slow charging. • Level 2 is considered medium charging. • Level 3 is considered fast or rapid charging. (Ord. 2013-OQ1., 2013; Ord. 2011„-013. 2011; Res. 83-10, 1983) 17.08.160 Clinic. "Clinic" means any building or portion of any building containing offices for providing medical, dental or psychiatric services for outpatients only. (Res. 83-10, 1983) 17.08.161 Clubhouses, fraternities and lodges. "Clubhouses, fraternities and lodges" means associations of persons organized for social, education, literary or charitable purposes. This definition includes community meeting halls, clubhouses and lodges for philanthropic institutions, private clubs, fraternal or nonprofit organizations, and social service organizations. This definition excludes religious institutions. (Ord. 2013-001, 2013) 17.08.162 Repealed. (Ord. 2013-012, 2013; Qrd. 2013-001,2013) 17.08.163 Repealed. (Ord. 2013-012, 2013; Ord. 2013-001, 2013) 17.08.165 Commercial Activitiles Associated with Agriculture. "Commercial Activities Associated with Agriculture" means any commercial endeavor 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. { 2018-001. 2018, Ord. 2009-25, 2009) 17.08.170 Commission. "Commission" means the Kittitas County Planning Commission. (Ord. 2013.001, 2013; Res. 83-10, 1983) 17.08.171 Common area "Common area" means land commonly owned to include open space, landscaping or recreation facilities (e.g., typically owned by a homeowners' association or by the State through conservation easements). (Qrd,•2Q11-0g1, 2013) 17.08.180 Conditional uses. For the definition of "Conditional uses" see "Use" O( rd. 2 13 U01, 2013; Res. 83-10, 1983) 17.08.183 Conservation easement. "Conservation easement" means a legal agreement between a landlord and a land trust or government agency that permanently limits uses of the land in order to protect its nondevelopment values. It allows the landowner to continue to own and use the land, to sell it, or to pass it on to heirs. A conservation easement is placed on a sending site at the time development rights are sold from the property. The conservation easement typically prohibits any further development of the property but allows resource uses, such as farming and forestry, to continue. (Ord. 2009-25, 2009) 17.08.187 Conservation or resource values. Conservation or resource values means the use and suitability of the land for farm, agricultural, or forest production and the perpetual retention of the land for such purpose. (Ord. 2013-001, 2013; Ord. 2009-25, 2009) 17.08.188 County "County" means the County of Kittitas, Washington. Qg 2013-001, 2013) 17.08.190 County arterial road. "County arterial road" means any county road designated by resolution at any time as a county arterial road by the Board. Ord. 2013-001, 2013; Res. 83-10, 1983) 17.08.191 Critter pad. "Critter pad" means livestock flood sanctuary areas. (r 0 3-00 , 2013; Ord. 2007-22, 2007) 17.08.195 Day care. "Day care facilities" means any home used for the daily care and supervision of thirteen (13) or more individuals in any twenty-four (24) hour period or any number of individuals in a nonresidential structure. (Or 1.2013-001 2013; Ord. 90-15 § 1, 1990) 17.08.197 Density(les). "Density(ies)" means a measurement of the number of dwelling units in relationship to a specified amount of land. As used in this Code, density is determined based on the gross parcel or lot area, which includes land that will be dedicated as right-of-way through the development process. It does not include land previously dedicated as right-of-way. Density is a measurement used generally for residential uses. (Ord. 2013 QQrt, 2013; Ord. 2007-22, 2007) 17.08.198 Repealed. (Ord. 2013-012, 2013; Ord. 2013-001, 2013; Ord. 2007-22, 2007; Ord. 98-22 (part), 1998) 17.08.198A Develop "Develop" means to construct or alter a structure or to make a physical change to the land including excavations and fills. (Ord, 20.13-001. 2013) 17.08.19813 Development "Development" means all improvements on a site, including buildings, other structures, parking and loading areas, landscaping, paved or graveled areas, and areas devoted to exterior display or storage activities. Development includes improved open areas such as plazas and walkways, but does not include natural geologic forms or unimproved land. See also Exterior improvements. Qr41..7013-008, 2013; Order.? it 3.001, 2013) 17.08.199 Development right. "Development right" means an interest in and the right under current law to use and subdivide a lot for any and all residential, commercial, and industrial purposes. (Ord. 2009-25, 2009) 17.08.199A Director "Director" means the director of Kittitas County Community Development Services department or designee, (Ord. 2013-001, 2013) 17.08.200 Dwelling. "Dwelling" means a building or portion thereof designed exclusively for residential occupancy. (Res. 83-10, 1983) 17.08.210 Dwelling, multiple -family. "Multiple family dwelling" means a dwelling designed or used for occupancy by more than two (2) families. (Ord, 2013-001, 2013; Res. 83-1Q 1983) 17.08.211 Dwelling, single-family "Single-family dwelling" means a dwelling designed or used for occupancy by one (1 ) family. 012 3-001, 2013) 17.08.220 Dwelling, two-family. "Two family dwelling" means a building designed exclusively for occupancy by two (2) families living independently of each other. Qrd. 2013.0014 2013; Res. 83-10, 1983) 17.08.221 Electric scooters and motorcycles. "Electric scooters and motorcycles" means any two-(2)-wheel vehicle that operates exclusively on electrical energy from an off -board source that is stored in the vehicle's batteries and produces zero emissions or pollution when stationary or operating. (Ord. 2013-001, 2013; Ord. 2011-013, 2011; Res. 83-10, 1983) 17.09.222 Electric vehicle. "Electric vehicle" means any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off -board source, that is stored on -board for motive purpose. "Electric vehicle" includes; (1) a battery electric vehicle, (2) a plug-in hybrid electric vehicle; (3) a neighborhood electric vehicle; and (4) a medium -speed electric vehicle. (Ord. 2011-01 , 2011; Res. 83-1Q 1983) 17.08.223 Electric vehicle charging station. "Electric vehicle charging station" means a public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle. An electric vehicle charging station equipped with level 1 or Level 2 charging equipment is permitted outright as an accessory use to any principal use. (Ord. 2011-013; 2011; Res. 83-10,1983) 17.08.223A Electric vehicle charging station - restricted. "Electric vehicle charging station - restricted" means an electric vehicle charging station that is (1) privately owned and restricted access (e.g., single-family home, executive parking, designated employee parking) or (2) publicly owned and restricted (e.g., fleet parking with no access to the general public). (Ord. 2011-013, 2011; Res. 83-10, 1983) 17.08.22313 Electric vehicle charging station - public. "Electric vehicle charging station - public" means an electric vehicle charging station that is (1) publicly owned and publicly available (e.g., Park & Ride parking, public library parking lot, on -street parking) or (2) privately owned and publicly available (e.g., shopping center parking, non -reserved parking in multi -family parking lots). (Ord. 2011 -013, 2011; Res. 83-10, 1983) 17.08.224 Electric vehicle infrastructure. "Electric vehicle infrastructure" means structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations. (Ord. 2011-013, 2011; Res. 83-10, 1983) 17.08.224A Electric vehicle parking space. "Electric vehicle parking space" means any marked parking space that identifies the use to be exclusively for the parking of an electric vehicle. (Ord. 2011-013, 2011; Res. 83-10, 1983) 17.08.225 Explosives. Any chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion. In addition the term "explosives" shall include all material which is classified as division 1.1.1.2, 1.3, 1 A 1.5, or 1.6 explosives by the United States department of transportation. For the purposes of this chapter, small arms ammunition, small arms ammunition primers, smokeless powder not exceeding fifty pounds, and black powder not exceeding five pounds shall not be defined as explosives, unless possessed or used for a purpose inconsistent with small arms use or other lawful purpose. (Ord. 2018-021, 2018) 17.08.226 Explosives magazine. Any building or other structure, other than an explosives process building, used for the storage of explosives. The term "magazine" may be used in KCC to refer to an explosives magazine. (Ord. 2018- 021 2018) 17.08.227 Explosives process building. Any building or other structure (excepting magazines) containing explosives, in which the manufacturer of explosives, or any processing involving explosives, is carried on, and any building where explosives are used as a component part or ingredient in the manufacture of any article or device. (Ord. 2018-021, 2018) 17.08.228 Explosives storage or manufacture. Any site, with any explosives process building, and/or magazine situated thereon, used in connection with the manufacturing or processing of explosives or in which any process involving explosives is carried on, or the storage of explosives thereat, as well as any premises where explosives are used as a component part or ingredient in the manufacture of any article or device. (Ord. 2018-021, 2018) 17.08.229 Extremely hazardous waste. "Extremely hazardous waste" means those dangerous wastes designated in WAC 173-303- 070 through 173-303-103 as extremely hazardous. The abbreviation "EHW" may be used in this title to refer to those dangerous wastes which are extremely hazardous. (Ord. 2018-021, 2018, Ord. 93- 1(part), 1993) 17.08.230 Family. "Family" means a number of related individuals or not more than five (5) unrelated individuals living together as a single housekeeping unit, and doing their cooking on the premises exclusively as one (1) household. (Ord. 2013-001, 2013; Res. 83-10, 1983) 17.08.240 Repealed. (Ord. 2013-001, 2013; Res. 83-10, 1983) 17.08.250 Farm. "Farm" means an area of land devoted to the production of field or truck crops, livestock or livestock products, which constitute the major use of such property. (Res. 83-10, 1983) 17.08.255 Farm labor shelter. "Farm labor shelter" means an accessory dwelling unit used exclusively as temporary or seasonal housing of farm laborers who are doing farm labor on the farm on which the shelters are located. This definition shall include all manufactured housing and travel trailers providers all trailers are served by the full range of utilities including water, sewerage and power. (Ord. 2007-22, 2007; Ord. 93-6 (part), 1993) 17.08.255A Farm visit. "Farm visit" means a farm or ranch providing customers a day -use learning experience about the practice of farming or ranching. A Farm Visit operation does not include overnight accommodations. Enhanced agricultural sales are allowed. LQ�I _2014-0j�, 2014;) 17.08.256 Farm Stands. "Farm stands" means a temporary use which is primarily engaged in the sale of fresh agricultural products, grown on- or off -site, but may include limited prepackaged food products and nonfood items. This use is to be seasonal in duration, open for the duration of the local harvest season. Enhanced agricultural sales are allowed. (Ord. 2015-010, 2015; Ord:2 nA_QLS, 2014, Ord. 2013-001, 2013; Ord. 2007-22, 2007) 17.08.260 Feedlot. "Feedlot" means any area used for the continuous feeding of five hundred 500 or more head of cattle destined for slaughter, confined at a density of less than five hundred 500 square feet per head on a year round basis. This shall not be interpreted to include dairy operations with a Washington State Grade A license. (Ord. 2013-001, 2013; Ord. 91-4, 1991: Res. 83-10, 1983) 17.08.261 Forestry. "Forestry" means the management, growing and harvesting of forest products, including but not limited to fuel woods, cones, Christmas trees, salal, berries, ferns, greenery, mistletoe, herbs, and mushrooms in accordance with the Washington Forest Practices Act of 1974 as amended, and regulations adopted pursuant thereto. (Ord. 2013- 001 2013) Repealed by Ord. 2009-25. (Ord. 2009-25, 2009; Ord. 200113 (part), 2001) 17-08.261A Forest product processing. "Forest product processing" means the harvesting and commercial production of forest products including but not limited to saw mills, chippers, log sorting and storage. (Orel. 2013-001, 2013) 17.08.2610 Forest product sales. "Forest product sales" means wholesaling and retailing of vegetation from forest lands including but not limited to fuel woods, cones, Christmas trees, salal, berries, ferns, greenery, mistletoe, herbs, and mushrooms. (Orsi._2.0.13-001, 2013) 17.08.261 C Freighting and trucking yard or terminal. "Freighting and trucking yard or terminal" means an area in which trucks, tractor and/or trailer units, and semitrailers are parked for seventy two (72) hours or less, and dispatched. (Ord. 2013-001, 2013) 17.08.262 Golf course. "Golf course" means a recreational facility designed and developed for golf activities. May include as accessory uses a pro shop, snack bar (not including restaurants), and caddy shack/maintenance buildings. (Ord._2013-001, 2013; Ord. 2007-22, 2007) 17.08.262A Grade. "Grade" means the lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line or, when the property line is more than five (5) feet from the building, between the building and a line five (5) feet from the building. (Ord. 2013-001, 2013) 17.08.262B Grading "Grading" means all cuts, fills, embankments, stockpile areas, and equipment maneuvering areas associated with development. (Qrd..2073-001, 2013) 17.08.262C Grazing "Grazing" means providing herbage for cattle, sheep, goats or horses, including the supplementary feeding of such animals, as a discrete activity not part of nor conducted in conjunction with any dairy, livestock feed yard, livestock sales yard, or commercial riding academy. (Ord. 2013-001, 2013) 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 including 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. 2018-00 _, 2018; ard. 2013-001, 2013; Ord. 2007-22, 2007) 17.08.265 Group home. "Group home" means a home for at least seven (7) and not more than fifteen (15) persons, plus house parents, providing residential facilities in a homelike environment directed to allow a degree of community participation and human dignity not provided in an institutional atmosphere. (Ord. 201_ 3-001, 2013; Ord. 87-9 § 1, 1987) 17.08.266 Guest house. "Guest house means" an accessory building designed, constructed, and used for the purpose of providing temporary sleeping accommodations for guests, or for members of the same family as that occupying the main structure, and containing no kitchen facilities (Ord. 2013-001., 2013; Ord. 2007- 22, 2007) 17.08.270 Guest ranch or guest farm. "Guest ranch or guest farm" means a business or an organization providing overnight lodging, dining and recreational facilities in a rural setting. The purpose of a guest ranch or guest farm shall relate primarily to vacation, recreation and similar pursuits, and does not include rehabilitation centers, group homes, clinics, nursing homes, churches and church camps, and other similar uses. Events such as auctions, barbecues and similar gatherings which do not provide overnight lodging or which are not conducted on a continuous basis shall not be considered as guest ranches or guest farms. Enhanced agricultural sales are allowed. (Ord, 014- 5 2014, Ord. 93-21 (part), 1993: Ord. 83-Z-5,1983) 17.08.280 Hazardous waste. "Hazardous waste" means those solid wastes designated by 40 CFR Part 261 and regulated as hazardous waste by the United States EPA. (Ord. 93-1 (part), 1993) 17.08.281 Hazardous waste facility. "Hazardous waste facility" means all contiguous land, and structures, other appurtenances, and improvements on the land used for recycling, reusing, reclaiming, transferring, storing, treating, or disposing of dangerous waste. Unless otherwise specific in this chapter, the terms "facility," "treatment," "storage," "disposal facility" or "waste management facility" shall be used interchangeably. (Ord. 93-1 (part), 1993) 17.08.282 Hazardous waste storage. "Hazardous waste storage" means the holding of dangerous waste for a temporary period. Accumulation of dangerous waste by the generator on the site of generation is not storage as long as the generator complies with the applicable requirements of WAC_173-303-200 and 173-303-201. (Ord. 93-1 (part), 1993) 17.08.283 Hazardous waste treatment. "Hazardous waste treatment" means the physical, chemical, or biological processing of dangerous waste to make such wastes non -dangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume. (Ord. 93-1 (part), 1993) 17.08.290 Home occupation. "Home occupation" means any lawful profession, craft or service commonly carried on within dwelling or accessory building provided such activity is secondary to the use of said dwelling for residential purposes, and provided that there is no outdoor display of merchandise. Home occupations include operations that provide care to twelve (12) or fewer individuals in any twenty- four (24) hour period within the caregiver's place of residence. This definition shall not be interpreted to include the sale of firewood, farm produce, or similar activities. (Ord. 2013-001, 2013; Res. 83-10, 1983) 17.08.300 Hospital. "Hospital" means an institution specializing in and providing facilities and services in surgery, obstetrics, and general medical practice for human beings and licensed by state law for that purpose. (Res. 8310, 1983) 17.08.310 Hospital, animal or veterinary. "Animal or veterinary hospital" means an establishment in which veterinary services, clipping, bathing, boarding and other services are rendered to animals and domestic pets. (Ord. 2007-22, 2007) 17.08.320 Impound/towing Yard. "Impound/towing Yard" means a fully enclosed area which is designed to hold and store vehicles for a period not more than ninety (90) days which have been impounded by a jurisdiction or private party.(OrC1. 2014-015, 2014; Ord. 2013-001, 2013; Res. 83-10, 1983) 17.08.321 Infill. "Infill" means the development of new housing or other buildings on scattered vacant sites in a built- up area. Qrd. 2013-001, 2013; Ord. 2007-22, 2007) 17.08.324 Interlocal agreement. "Intedocal agreement" means a legal contract between two (2) or more local jurisdictions (cities and counties) that specifies the condition under which TDR credits may be transferred (typically from an unincorporated county into an incorporated city). Interlocal agreements must be endorsed by the legislative bodies of both jurisdictions. (Ord. 2013-001.2013; Ord, 2009-25, 2009) 17.08.326 Interpretive Center. An institution for dissemination of knowledge of natural or cultural heritage of the surrounding area. (Ord. 2018-001, 2013) 17.08.327 Repealed. A parcel of land which is physically separated from a main tract by a public road or ownership by utility, including irrigation entities. Identification of intervening ownership shall be processed consistent with Kittitas County Code 17.60B Administrative Uses. (Ord. 2U13-_D1, 2013; Ord. 2009-25, 2009; Ord. 2007-22, 2007) 17.08.329 Junk. "Junk" means of inoperable motor vehicles or equipment, vehicle or equipment parts, used lumber and building materials, pipe, appliances, demolition waste, or any used material. This shall not be interpreted to include the normal storage or accumulation of viable and/or operable agricultural equipment. (Qrd. LU13-001, 2013; Ord. 2007-22, 2007) 17.08.330 Junkyard. "Junkyard" means any lot, parcel, building, structure or portion thereof, used for the storage, collection, processing, purchase, sale, exchange, salvage or disposal of junk, including scrap materials, unlicensed or inoperable vehicles, vehicle parts, used appliances, machinery or parts thereof. This shall not be interpreted to include the normal storage or accumulation of viable and/or operable agricultural equipment. (OrdOrd. 2013�001, 2013; Ord. 2007-22, 2007; Res. 83-10, 1983) 17.08.340 Repealed. (Ord. 2013- 001, 2013; Ord. 2007-22, 2007; Res. 83-10, 1983) 17.08.360 Lot. "Lot" means any area, tract or parcel of land owned by or under the control and in the lawful possession of one distinct ownership. The term means any type of land holding and includes, but is not limited to, lots platted in subdivisions. (Res. 83-10, 1983) 17.08.361 Lot, flag. "Lot, flag" means a lot with two distinct parts: • The flag, which is the only building site; and is located behind another lot; and « The pole, which connects the flag to the street or road, provides the only street frontage for the lot, and is less than the minimum lot width for the zone in which it is located. QLd_Z013�0011 2013) 17.08.370 Lot line, front. "Lot line, front" means a lot line that abuts any public street, private street, right-of-way or other means of vehicular access, other than an alley. (Oid 2019-013, 2019; Res. 83-1Q 1983) 17.08.380 Lot line, rear. "Rear lot line" means any boundary opposite and most distant from front lot line and not intersecting a front lot line. (Res. 83-1Q 1983) 17.08.390 Lot line, side. "Side lot line" means any boundary line not a front or rear lot line. (Res. 83-10, 1983) 17.08.390B Lot, through. "Lot, through" means a lot that has frontage on two (2) easements (public or private) for access. 2 10 9-013, 2019; Ord. 20.1 =001, 2013) 17.08.390C Street frontage. "Street frontage" means the linear frontage of a parcel or property abutting a street or vehicular access easement. (Ord. 2019-013, 2019,) Note: A scrivener's error in Ord. 2019-013, Exhibit D, incorrectly numbered this section as 17.08.790C, and incorrectly references ices, 2012-78 (part). 17.08.391 Manufactured home. "Manufactured home" means a single-family residence constructed after June 15, 1976, and in accordance with the U.S. Department of Housing and Urban Development (HUD) requirements for manufactured housing and bearing the appropriate insignia indication for such compliance. The unit must be transportable in one (1) or more sections, which in the traveling mode, is eight (8) body feet or more in width or forty (40) body width in length, or when erected on site exceeds four hundred (400) square feet and which is built on a permanent chassis. A manufactured home shall be affixed to a foundation system in accordance with Chapter 296-150M WAC as administered by the Washington State Department of Labor and Industries. The manufacturer's requirements shall be followed for placement and if there are no manufacturer instructions, the Kittitas County department of building and fire safety requirements shall be imposed. A manufactured home has a red insignia from the Department of Labor and Industries. Ord 2013-001 2013; Ord. 9822 (part), 1998) 17.08.392 Manufacturing "Manufacturing" includes, but is not limited to, assembly, storage, packaging or treatment of products and merchandise such as drugs, food, beverages, cosmetics and toiletries, and products made from materials such as textiles, metals, paper, plastics, stone, wood, and paint. (Ord. 2013-001, 2013) 17.08.392A Marijuana processing "Marijuana processing" means the preparation of marihuana products including, but not limited to, boxing, bulk packaging, portioning, labeling, or the creation of marijuana derivative and edible products. Ord. 2014-004, 2014;) 17.08.392B Marijuana production "Marijuana production" means any operation to raise or produce marijuana. (Ord. 2014-004, 2014;) 17.08.392C Marijuana, retail sales Marijuana, retail sales" means any operation or business selling, distributing, or dispensing usable marijuana or marjuana-infused products which have been prepared, processed, or packaged for end user consumption. Ord. 2014-01 S 2014;) 17.08.393 Medium -speed electric vehicle. "Medium -speed electric vehicle" means a self-propelled, electrically powered four-(4)-wheeled motor vehicle, equipped with a roll cage or crush -proof body design, whose speed attainable in one (1) mile is more than twenty-five (25) miles per hour but not more than thirty-five (35) miles per hour and otherwise meets or exceeds the Federal regulations set forth in 49 C.F.R. Sec. 571.500. (Ord, 2013- 001, 2013; Ord. 2011-013. 2011; Res. 83-1Q 1983) 17.08.395 Repealed. (Ord. 2014-015, 2014, Ord. 2014-004, 2014; Ord. 2013-001, 2013; Res. 83-10,1983) 17.08.396 Repealed. (Ord. 2013-001, 2013; Ord. 2007-22, 2007) 17.08.397 Mini warehouse. "Mini warehouse" means a building or group of buildings containing individual compartmentalized access stalls or lockers for the dead storage of customers' goods or wares. (Ord. 2013-001, 2013; Ord. 83-Z-2 (part), 1983) 17.08.397A Mining and Excavation. "Mining and excavation" means extraction of earth materials including but not limited to clay, coal, gravel, minerals, metallic substances, peat, sand, stone, topsoil, and any other similar solid material or substance to be excavated from natural deposits on or in the earth for commercial, industrial, or construction use. (Ord. 2013-001,. 2013) 17.08.398 Mobile home. "Mobile home" means a structure transportable in one (1) or more sections that are eight (8) feet or more in width and thirty-two (32) feet or more in length, built on a permanent chassis, designed to be used as a permanent dwelling and constructed before June 15,1976. Beginning September 1, 1998, mobile homes will no longer be 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. (Ord. 2013-001, 2013; Ord. 98-22 (part),1998: Res. 83-10, 1983) 17.08.399 Modular home. "Modular home" means a manufactured structure originally designed for initial movement without benefit of an undercarriage frame or its own wheels to a site of permanent placement on a full perimeter foundation, used for residential purposes, and exceeds eight hundred sixty-four (846) square feet of enclosed living area. A modular home shall be considered a "dwelling" or "single- family residence". A "modular home" constructed to International Building Code standards and bearing the gold insignia from the Washington State Department of Labor and Industries shall be considered to be a single-family residence. (Ord. 2013-001, 2013; Ord. 2007-22, 2007; Ord. 98-22 (part), 1998: Ord. 93-21 (part), 1993) 17.08.400 Repealed. (Ord, 2913-001, 2013; Res. 83-10,1983) 17.013.408 Neighborhood electric vehicle. "Neighborhood electric vehicle" means a self-propelled, electrically powered fou r-(4) -wheeled motor vehicle whose speed attainable in one (1) mile is more than twenty (20) miles per hour and not more than twenty-five (25) miles per hour and conforms to federal regulations under Title 49 C.F.R. Part 571.500. t'Ord. 2013-001. 2013; Ord. 2011-013. 2011; Res. 83-10, 1983) 17.08.410 Nonconforming use. For more information on "nonconforming use" see 'Use". Ord. 2013-001 2013; Ord. 2007-22, 2007; Res. 83-10, 1983) 17.08.412 Non -electric vehicle. "Non -electric vehicle" means any motor vehicle that does not meet the definition of "electric vehicle." (Ord. 2013-001, 2013; Ord. 2011-013, 2011; Res. 83-10, 1983) 17.08.415 Nurseries. An establishment for the growth, display, and/or sale of plants, shrubs, trees, and materials used in indoor or outdoor planting such as but not limited to beauty bark, round landscape rock, topsoil, and mulch, conducted within or without an enclosed building. (Ord. 2018-021 2018;) 17.08.420 Nursing home. "Nursing home" means a home, place or institution which operates or maintains facilities providing convalescence or chronic care or both for a period in excess of twenty-four (24) consecutive hours for three (3) or more patients not related by blood or marriage to the operator, who by reason of illness or infirmity are unable properly to care for themselves, and is licensed by the State Department of Health as a nursing home. (_Ord. 2013-001, 2013; Res. 83-10, 1983) 17.08.421 Office "Office" means a place at which the affairs of a business, profession, service, or industry are conducted and generally furnished with desks, tables, files and communication equipment. {Ord. 2013-001, 2013) 17.08.424 Off -site hazardous waste facilities. "Off -site hazardous waste facilities" means hazardous waste treatment and storage facilities that treat and store waste from generators on properties other than those on which the off -site facilities are located. (Ord. 93-1 (part), 1993) 17.08.427 On -site hazardous waste facilities. "On -site hazardous waste facilities" means hazardous waste treatment and storage facilities that treat and store waste from generators located on the same property or from contiguous property within Kittitas County. (Ord. 93-1 (part), 1993) 17.88.428 Open space "Open space" means land within a development that has been dedicated in common to the ownership within the development or to the public specifically for the purpose of providing places for recreation, conservation or other open space uses. May include public or private lands. { 2013-001, 2013) 17.08.430 Outdoor advertising signs and billboards. 1. "Outdoor advertising signs and billboards" means any card, paper, cloth, metal, wooden or other display or device of any kind or character, including but not limiting the same to any poster, bill, printing, painting or other advertisement of any kind whatsoever, including statuary, placed for outdoor advertising purposes on or to the ground or any tree, wall, rack, fence, building, structure or thing. 2. "Outdoor advertising signs and billboards" does not include: a. Official notices issued by any court or public body or officer; b. Notices posted by any public officer in performance of a public duty or by any person in giving legal notice; c. Directional, warning or information structures required by or authorized by law or by federal, state, county or city authority. (Res. 83-10, 1983) 17.08.430A Overlay Zone/district "Overlay zone/district" means overlay zones that impose and/or relax requirements of an underlying land use district, or base zone, where characteristics of the land or neighborhood, or the types of development planned for an area, require special regulations. QLd. 201 -001, 2013) 17.08.430B Ownership "Ownership' means an ownership is one (1) or more contiguous lots that are owned by the same person, partnership, association, or corporation. Ownership also includes lots that are in common ownership but are separated by a right-of-way. (Q d. 2013-001 2013) 17.08A31 Park model trailer. "Park model trailer" means a trailer designed to provide seasonal or temporary living quarters which may be used with temporary connections to utilities necessary for operation of installed fixtures and appliances. It has a gross trailer area not exceeding four hundred (400) square feet. Ord 013 �? , 2013; Ord. 2007-22, 2007) 17.08.440 Parking space. "Parking space" means a minimum gross area available for the parking of a standard American automobile. (Res. 83-10, 1983) 17.08.445 Parks and playgrounds. "Parks and playgrounds" means sites designed or developed for recreational use including, but not limited to playfields, picnic facilities, outdoor activity areas, trails, play structures, and facilities for on - site maintenance, (Ord. 2013-01Z, 2013;.9rd._2013-001, 2013; Ord. 2005-35, 2005) 17.08.450 Planned unit development. "Planned unit development" means a development that departs from strict compliance with the zoning and subdivision standards in order to accomplish objectives that serve the public welfare pursuant to standards in KCC Chapter 17.36. Qrd, 2013-001. 2013; Ord. 2005-35, 2005, Ord. 90-6 (part), 1990: Ord. 83-Z-2 (part), 1983) 17.08.455 Planning commission or commission. "Planning commission" or "commission" means the Kittitas County planning commission. (Ord. 2005- 35, 2005, Res. 83-10, 1983) 17.08.455A Plug-in hybrid electric vehicle (PHE1). "Plug-in hybrid electric vehicle (PHEV)" means an electric vehicle that (1) contains an internal combustion engine and also allows power to be delivered to drive wheels by an electric motor; (2) charges its battery primarily by connecting to the grid or other off -board electrical source; (3) may additionally be able to sustain battery charge using an on -board internal -combustion -driven generator, and (4) has the ability to travel powered by electricity. (Ord, 201,1,-013, 2011; Res. 83-10, 1983) 17.08AS6 Repeated. frd_2015 0104 2015) 17.08.457 Public facilities. "Public facilities" means capital improvements and systems to support transportation, law enforcement, fire protection, and recreation. Facilities include but are not limited to fire stations, police stations, and bus stops. (Ord. 2013-001, 2013) 17.08A60 Public office building. "Public office building" means a structure used as the office or for the purpose of conducting official business by an agency of the federal government, state government or a political sub -division of the state of Washington. (Res. 83-10, 1983) 17.08A61 Rapid charging station. "Rapid charging station" means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels and that meets or exceeds any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540 (mod 201.1-013, 2011) 17.08.462 Receiving site. "Receiving site" means those lots where the procurement of TDR credits facilitate a permissible change in the allowed intensity on the property pursuant to the TDR chapter and all other controlling policies and law. (Ord. 2009-25, 2009) 17.08A63 Recreation, indoor. "Recreation, indoor" means a place designed and equipped for the conduct of sports and leisure - time activities within an enclosed space. Examples include gymnasium, bowling alley, dance hail, billiard hall, theaters, indoor tennis and racquetball courts, and indoor swimming pools. This definition excludes stadiums. Indoor recreation uses for the private use of the landowner are permitted outright. (Ord. 20 3-012.2013) 17.08.464 Recreation, outdoor "Recreation, outdoor" means a place designed and equipped for the conduct of sports and leisure - time activities with little or no enclosed space. Examples include: outdoor theaters, tennis courts, swimming pools, batting cages, amusement parks, miniature golf courses, boat launches and driving ranges. This definition excludes golf courses and stadiums. Outdoor recreation uses for the private use of the landowner are permitted outright. Ord. 2013- 12, 2013) 17.08.465 Recreational vehicle. "Recreational vehicle" means a vehicular type unit designated as temporary living quarters for recreation camping, travel or seasonal use which has its own power or is mounted on or towed by another vehicle. The vehicle has a gross floor area of not more than three hundred twenty (32) square feet. This definition includes vehicles such as travel trailers, camping trailers, truck campers and motor homes. A recreational vehicle is not considered a mobile or manufactured home and is not constructed to the International Building Code standards. A recreational vehicle has a green and silver insignia from the Department of Labor and Industries. (Ord. 2013-001.2013; Ord. 2007-22, 2007, Ord. 98-22 (part), 1998) 17.08.465A Recreational vehicle park. "Recreational vehicle park" means land designed to accommodate predominantly recreational vehicles (M) used as temporary living quarters for recreation or vacation purposes with sewage facilities approved by the County Health Department and a maximum allowable stay of one hundred eighty (180) days in a calendar year. (Orel. 2013-012, 2013) 17.08.4658 Recreational vehicle/equipment service and repair. This definition is the same as "Vehicle/equipment service and repair" (KCC 17.08.560A) except that it is limited to recreational vehicles, not limited to motorized vehicles and equipment and does not include gas and service stations stay of one hundred eighty (180) days in a calendar year. (Ord. 2019- 013, 2019,) 17.08.466 Refuse disposal/recycling. "Refuse collection/recycling" means a facility for the collection of solid waste or recyclables for sorting, compaction, composting, processing (including changing the form of materials) or transfer to a landfill. This definition excludes concrete recycling. (Ord. 2013-001. 2013) 17.08.467 Religious institutions. "Religious institutions" means churches, synagogues, temples and other places where gathering for worship is the principle purpose of the use. (Ord, 2013-001, 2013) 17.08.468 Resource based industry. "Resource based industry" means an industry based on natural resources including but not limited to recreation -related tourism, agriculture, fisheries, forestry and mining. (Ord. 2013-001, 2013) 17.08.469 Restaurant. "Restaurant' means a retail establishment selling food and/or drink for consumption on the premises or for take-out, including accessory on -site food preparation, This definition excludes taverns. (Ord. 2M-001, 2013) 17.08.469A Retail sales "Retail sales" means selling goods or services to the general public for personal or household consumption and rendering services incidental to the sale of such goods. This definition excludes agriculture sales. (Qrd. 2014-015. 2014, Ord. 2014-004, 2014, O.r& 2013 0010 2013) * Publisher's Note: 5 17.08.469A was erroneously included. This section should refer to 17.08.395. 17.08.470 Rezone. "Rezone" means an amendment to the zoning ordinance, requiring the same enactment as an original zoning. (Res. 83-10, 1983) 17.08.471 Rock Crushing. "Rock crushing" means an activity which reduces the size and weight of rock material into useable building or landscaping material. (Ord. 2013-001, 2013) 17.08.469 RV Storage. A commercial indoor and or outdoor space/area used to store recreational vehicle for any amount of time.. [Ord__;-2D18-0p1, 2013) 17.08.472 Services. "Services" means establishments primarily engaged in providing individual or professional services within the place of business, such as beauty and barber shops, retail laundry and dry-cleaning including coin -operated, garment alterations and repair, photo studios, shoe repair, pet grooming, photography and photo reproduction, real estate offices, personal accountants, entertainment media rental or other indoor rental services, and repair of personal or household items. (Ord. 2013001, 2013) 17.08.480 School, public or private. "Public or private school" means an institution which offers instruction and study required to be taught in the public schools of the state of Washington. Trade schools are specifically excluded from this definition. (Ord12013-001, 2013; Res. 83-10, 1983) 17.08A85 Shooting range. "Shooting range" means an area or facility designated or operated for archery (including crossbows), and/or the discharging and operation of lawfully possessed, lawful firearms, as defined in RCW Chapter 9.41: with the exception of: 1. Any law enforcement or military shooting range, or 2. Incidental target practice areas on private property. (Ord. 2013-001, 2013; Ord. 2009-25, 2009) 17.08A87 Sending site. "Sending site" means designated lot or lots from where landowners may sell their development rights in exchange for placing a conservation easement on the property. (Ord. 2009-25, 2009) 17.08A90 Small-scale event facility. "Small-scale event facility" means a facility that is open to the public for events, seminars, wedding or other social gatherings. May include eating and food preparation facilities provided meals are only served to guests attending events. Qrd. 2013-012, 2013; Ord. 2013-001, 2013; Ord. 98-22 (part), 1998) 17.08.500 Special care dwelling. "Special care dwelling" means a Manufactured Home or Park Model Trailer providing separate living quarters for the purpose of providing care to an immediate family member. (Ord_ 2013-001, 2013; Ord. 2007-22, 2007; Ord. 0-2006-01, 2006) 17.08.510 Structural alteration. "Structural alteration" means any change or repair which would tend to prolong the life of the supporting members of a building or of structures, such as bearing wails, columns, beams or girders. (Res. 83-1 Q 1983) 17.08.520 Structure. "Structure" means that which is built or constructed, an edifice or building of any kind, or any place of work artificially built up or composed of parts joined together in some definite manner. Fences that are 7 feet or less in height are excluded from this definition. (Ord. 201„5-010, 2015; Res. 83-10, 1983) 17.08.S30 Repealed. (Ord. 2013-001, 2013; Res. 83-1Q 1983) 17.08.535 Repealed. (Ord. 2013-001, 2013; Res. 83-10, 1983) 17.08.540 Repealed. (Ord. 2013-001. 2013; Res. 83-1Q 1983) 17.08.541 Trails. "Trails" means man-made pathways designed and intended for use by pedestrians, bicyclists, equestrians, snowmobiles and other recreational users together with associated parking and trailhead facilities. (Ord. 2013-012, 2013) 17.08.542 Transfer of development rights (TOR). "Transfer of development rights (TDR)" means the transfer of the right to develop or build from sending sites to receiving sites. (Ord. 2013-001, 2013; Ord. 2009-25, 2009) 17.08.543 TOR certificate. "TDR certificate" means a form of currency that displays how many TDR credits are available for sale and use. (Ord. 2009-25, 2009) 17.08.544 TDR certificate letter of intent. "TDR certificate letter of intent" means a document issued to a landowner upon an approved TDR sending site application. The letter contains a determination of the number of development rights calculated for the sending site and an agreement by the County to issue a corresponding number of TDR certificates in conversion for a conservation easement. The sending site owner may use the TDR certificate letter of intent to market development rights to potential purchasers, but the document has no value itself and cannot be transferred or used to obtain increased development rights within receiving areas. (Ord. 2009-25, 2009) 17.08.545 TDR credit. "TDR credit" means for the TDR commodity used in receiving sites. TDR credits reflect the number of units a seller has a right to build or sell on a sending site based on zoning. TDR credits may also reflect the number of TDR certificates required for a given development project. � 2v }101, 2013; Ord. 2009-25, 2009) 17.08.546 TDR program. "TDR program" means a market -based program that provides a public benefit by permanently conserving rural resource lands by establishing a means to transfer development rights from eligible sending sites to eligible receiving sites through a voluntary process that fairly compensates landowners while providing a public benefit for communities. (Ord. 2009-25, 2009) 17.08.547 TDR sending site application. "TDR sending site application" means an application that a sending site landowner must file in order to be eligible for consideration for designation as a TDR sending site. (Ord. 2009-25, 2009) 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 17.6013: 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 S. "Nonconforming use" means a use or structure,that was legally established according to the applicable zoning and/or building regulations of the time, but which does not meet current zoning and/or building regulations. 6. "Prohibited use" means those uses not specifically enumerated as allowed uses under the provisions of KCC Chapter 17.15. (OrdOrd. 2018-0.01-0.0, 2.018; Ord._20 -D12, 2013; Ord, 2013-001, 2013; Res. 83-10, 1983) 17.08.550A U-Pick/U-Cut operation "U-Pick/U-Cut operation" means farms or orchards where customers come to purchase fruit or agricultural products which they have harvested themselves. Enhanced agricultural sales are allowed. Ord_ 2014-015 2014;) 17.08.560 Variance. "Variance" means a waiver of the strict interpretation of the requirements. It is a special dispensation given to the petitioner to disregard certain stipulations in the zoning code in order to develop his property. (Res. 83-10, 1983) 17.08.560A Vehicle/equipment service and repair. "Vehicle/equipment service and repair' means maintenance of motorized vehicles and equipment including exchange of parts, installation of lubricants, tires, batteries, and similar vehicle accessories, minor customizing and detail operations, and body shops. This definition includes gas and service stations. (Ord. 2013-001, 2013) 17.08.56013 Warehouse and Distribution. A building where bulk raw materials or manufactured goods may be stored and distributed for commercial purposes. Warehouse and Distribution uses do not include on -site manufacturing and generally service manufacturing and retail establishments. Agriculture products and Nay Storage are not included in this definition. (Ord. 2021-015, 2021;) 17.08.560C Watershed management facilities. "Watershed management facilities" include, but are not limited to, diversion devices, impoundments, dams for water storage, flood control, fire control, and stock watering. (Renamed by Ord. 2021-015, 2021; Ord. 2013-001,2013) 17.08.561 Winery. "Winery" means a facility where fruit or other products are processed (i.e., crushed, fermented, decanted, stored, bottled and shipped) into wine. This may include the sale of wine and limited ancillary items, tourist facilities, or tasting rooms. Ord. 2013-001 2013; Ord. 2007-22, 2007) 17.08.570 Yard. "Yard" means an open space, other than a court or a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this title. (Res. 83-10, 1983) 17.08.580 Yard depth. "Yard depth" means the minimum perpendicular distance between any point on a lot line and the nearest part of any structure or building. (Res. 83-1Q 1983) 17.08.590 Yard, front. "Front yard" means any yard abutting a public or private street. (Res. 83-10, 1983) 17.08.600 Yard, rear. "Rear yard" means an open unoccupied space on the same lot with a building between the rear line of the building (exclusive of steps, porches and accessory building) and the rear line of the lot. For triangular lots the rear yard shall be the area of the lot lying within a circle having a radius equal to the depth of the required rear yard and its center at a point therein defined as the rear property line for such lots. (Res. 83-1 Q, 1983) 17.08.610 Yard, side. "Side yard" means an open unoccupied space on the same lot with a building, between the side wall line of the building and the side line of the same lot (Res. 83-1Q 1983) 17.08.620 Yurt. "Yurt" means a circular, domed, portable tent for temporary use. (Ord. 2013-001. 2013; Ord. 2007-22, 2007 Chapter 17.11 URBAN GROWTH AREAS Sections 17.1T 1�010 Purpose and Intent 17.11.020Intergovernmental Review. 17.11.030 CLty of EIIensbu rg UJ ban Growth Area interl c-aJ Ag tee ments. 17.11.031 Conflicts 17.11,032 Adopt'on by reference and modified codg sggtigns 17.11.033 Appl_ icability IZJ 1,034 Ai [port Zone 17.11.035 CountyLCily Zoning conversion chart 17.11.036 Definitions 1711.037 Permitted Uses 17.11.038 Building Setback and Intensity Standards 17.11.039 Off -Street Parking 17.11.Q O Infrastructure. 17.11.050 Minimum Density. 17.11.060 Maximum Lot Coverage. ADD SECTION ADDITIONS ONCE COMPLETED 17.11,010 Purpose and Intent. The purpose and intent of the Urban Growth areas is to provide for areas that are suitable and desirable for urban densities as determined by the sponsoring city's ability to provide urban services, and to allow for alternative methods of development that allows for infill and development at urban levels. (Ord. 2007-22, 2007) 17.11.020Intergovernmental Review Proposed projects occurring within the Urban Growth Area shall be jointly reviewed with the associated city. (Ord. 2007-22, 2007) 17.11.030 ft of EllensburgEllensbuEg Urban Growth Interlocal Agreements,4H 4)~. (reserve* Kittitas County and the of Ellensburg have e c agLe-ement to facilitige 1he orderly a sit'o of urban services from the rou bout the Urban Growth Area (UfiA) and to coordinate and manage growth and development w" i the UGA. ftrmit roes and develoRmentstandards i 7.11 0 rough, KCC 17 1.039 are acJog ed for application to properties within the City-„gf Ellensburg Urban Growth Area These sections shall take effec# on June 30. 2023. These provisions shall Lot aapply to the Airport Overlax or properties not mquesling City of Ellensburg i e)Llions. (015 1 2007 22 9007) 17.11 A31 - Conflicts If there is a conflict betimn the provisions within KCC 17.11 or the ILA and other„sections of Kittitas CouD-ty Code 1-7 04,040 shall be utilizedto resolve the conflict. Whe 17.04 i ti ' ecl to rpsolyp a conflict the MUM will notify c" 17XI.032 -Adoption by reference and modifiod-mmlexactions Resolution No. 2022-1.a resolution authorizi execution of an interlocal s1greementhe City Ellensburg regarding e o e i ftl Urban Gr h Area UGA is adopted reference t as amended by the provisions 17.11,030 through 17.11,039, Provisions shall apply to Cily of Ellensburg code sections as currently adopted as of the dgte of Resolution No. 2022-1 or hereby amende in the future by the City. This includes the following Cha tp_ers, of the City of Ellensburg code: Exhibits A(Ellensburg UGA ma and B Future Land Use Ma within Resolution No.. 2022- rovided for reference onlY and do not moft the UGA boun or change the land use designation fan roe . The UGA bgundary andland use designations of propertiesare identified within the Kittitas County Coml2rehensive Plan. The following City of Ellensburg code sectionshave beef) (Dodified as ovided for within this code section. They include: 1. Chapter 15.130 -- Land Development Code - Definitions 2. Chapter 15.31 Q - Land Development .Code - Permitting Uses 3. Chapter 15.320 - Land LleyeloRMent Code- Building Setback and Intensity -Standards 4. Ch 15.550- Land Development ode -.01175treet Parking 17.1 "1.i33 ADDlicabili This Agreement apl2lies to the I n 'th'n the Ellensburg Urban G[gvth Anea-ascurre ado ed and identified in the County Comprebensive Plan as of the date of execulign of ResolutiQn No. 20 - 1 and hereby amended in the future. Where the ILA dges not identify development standards to be utilized for development within the UGA existing Kittitas Coun1yiLo-des-tandards apply. The Cily of Ellensbur a reelnotify Kittitas Ca nd provide IN ou nily to comment on Aay-m—de-changes Which would m di this int rlocal agreement. Fuilher, the Ci of Ellplisburgall delay ftl._ ementation of new ordinances for 30 d„aysafter adoption to give Kittitas County time ,o, impleme-n-t-t-b-g-new standards. The City of Eflegnsburg shall _ ro ide a coo of the signed ordinance within 7 doZ, of adoption. 17.11.03+4 Airport Zone KCC 17.58, Airport Zone, applies to all projects within the City of Ellensburg Urban Growth Area which are located within the Bowers Field Airport Overlay Zone. 17.11.035 C0untvICl!yZonin&L conversion chart Where City of Ellensbu[g zoning desi na io s am -referred to wi hint a adoZed LA or th' chapter, the foll w conversion chart shall be utilized. County Zon A"ficable ft Zone R-Residential UR-Urban Residential R-5 Residential Suburban L-L Light Indu dij ELLight 1-9 General Industrial I-H HeaIN Industrial C-G General Commercial C-H Commercial Highway C--H Hi hw Commercial C-L Limited_ Commercial C-M-Commercial Hicihwav PUD P a ned Unit bey- .Bende a cer R-S Residential Suburban PUJ2 Planned LIDit Dev. Ithe VeLqel R-H Residential High j>iTC Historic Trailer Court MHP Manufactured Flame Park F-R Forest and Range I Referto County standards 17.11.036 Definitions The llowin definitions shall apply and be utilized for 'ects located within the Ellensbura UGA. Where terms are mot defined, the definitjans in KCC 17.08 shall aDDly. "Access-ory dwelling unit" means a self-contained residential unit th t is accesIM to a single- famil dwelling on a lot and may be added to, created within,., or detached from the pdmarysingle-family d li g "n An acre spry dwelling unit has its own bathroom kitchen facilities, jiving and sleeping teas though it can h r h r features with the single-family wellin including e Ygrd, parking. or storage, "Access use" means -on the sa a lot with and of a nature—customarilynature-customarily incidental and subordinate to, the principal use or structure, "Adult family home" mg&n_12-residential home in which a person or persons provide personal care, special care, room and board to more than one but not more than six ad Its who are not rglated by blood or ma ' e to the person or pgrsons providing the services. 6gricult " means the use of land for farming. g,gjrying_pastunng and grazing_ horticulture, floriculture v iculture piaries, animal and poultry husbandry. Christmas trees not,subject to the excise tax imposed b 84.33.1.00 throw h 84.33.140 finfish in upland hatcheries and act sso activ i cludi ut not limited to store a, harvesting,feeding or maintenance of equipment, but excluding stockards, slaughtering or commemUilfbod processing. "Boardipgbouses, Igdoing houses sororities. f temitles" means an a ablishment w' h lodging for five marper-sons on a weekly ot longer ba i with a ent ai kitchen and din no area maintained exclusively or residenjs and their "Communit residential facili means a facility that provides. on a moular a is, p-prsonal care including ressinand eating and health -related care and services r at least five : t not more 15 functionally_ disabled_ persons and which is not licensed,under Chanter 70.128 RCW. A residential care facilhy shall not providethe de ee of careand eatme t a hos `t or to - tom care facilijy provides. "Conference center" means an establishment develgped primarily as a meeting facili incl i o facilities for :recreation, ovemigbt lodging, and rela-t—ed activitles 6rovided for conference patticipants. "Coo e " mea s a row of more than on ut no more than tQur Qualified 03edical ari'uana Tents and/or designated 6rqviclers who share mmmibility for growingn roc ssin mari'uana only for he medical -use of the members of the coo live. "Qay care" -means an establishment for groupcare of nonresident adults or children. Specificalix. 1. Daycare shall include child day care services. adult day care centers. and the following: a. Adult day care, such as adult day health centers or social daycare as defined by the -Washington State Department of Social and fleplth Services: b. _Nursery schools for children under minimum age for education in public schools. c, PriKately conclcted kindergartens or pre-Undergartens when not a part of a public or parochial school: and d. Programs ams covering after -school cart & school children. 2. Day re establishments are subclassified as follows: a. Day care I - a m xi um of 12 adults or children in any 24-hour period,- and b. Day care 11 -over 12 adults or children in any 24-hour period. Dwelling. Cottage, "Cottage" means a small single-family dwelling that is clustered with other similar units surrounding a_mmmon open space. See ECC,15.540.050 for special cottage housing provisio0s. Dwelling, Duplex. "Duplex" refers to a building t 'r. I surrounded- by open spagg on the same lot poo contains two dwelling units or two dwelling -units that are h sicall .se arated but on the same lot. A cluplex Will not be considered a duplex for pgjpgjeghe land dev8lgpmgnj code standards if ore than one duplex building is located on one lot. Dwellin Live -Work Unit "Live -work unit" means an individual dMiling unit that is used for residential and nonnesidentliptuse types, The dwelling unittoe may be any jype that is permitted in the al2plicable zoning district. Permitted nonresidential uses may be those that are permitted in the applicable zoning district. Dw�llina. Multjfamilv.. See definition of "Multifamilv." D alling. Sin le-- it i -famil .dwe I'n "means one dwelling unit or -one dwellina unites' h an attached or detached accem1y dwelling unit used intended or designed to be used, r ted leased let. or hired out to be occupied for liin rpurposes. pwp.Iling, Town housg.. "Townhouse" is a single-family Dwelling constructed in agroup of three or more attached units in which each unit extends from the foundation to the roof .and with open space Qn at least ` es Ownership Qf a townhouse includes the unit'unit's building and associated ro. e . "Far r ' k " means a public market at which farmers and othery-e_ndors sell acirkulturaLpLoducts. graft$, and food and beverages. "Fruit stand" means a buildina.structu e. gr Ignd-aea used for the sale of fresh fruit or vegetables grown on -site. Heawsentke" includes service activities that may haveregular exterior service or storage areas. This use es but is ncyt linfited to contractors, heatingfuels truck kol2s, breweries an warehousin se' ice uses are limited to bullidings no lamer than 50,000 gross sauare feet in "Home occupation" roeans any activft undertaken or gain or 12rofit that results in a product.orservice and is carried -on in a dwellinZ or building a sory to a dwe "Hos ital" means an institutionreceiving inpatients and-autpatients and renderingmedical sur ical and/or Obstetrical garg and ass i ted support facilities such as administLative offices information Le—chnoliggy department, or other similar facilities. "Hotel" means aDy building or 12ortion thereof in —which od in it provided and offered to he ublic for corn sensation and which is opgoto transient guests and is not a boarding, lod in sorori or fro F i o se: nnel" Qr "shelter" means any outdoor or indoor facifily which houses four or more small cip-mesfic a i als that number ogt includina onen litter erio s lonner than 24 hours as a commercial venture as a non rof o aniz i n or for v rn e t I purpose. The facilfty maybe either.a se orate business or an acces oty use. A kennel is a be distinguished from a ve erinar clinic which houses animais for periods that may deed 24 hours as a commercial venture that is accesso to the r'ma medical activi performed in a veterinclinic. "Manufactured home ark" means a lot pageL or tract of land having as its pdagiol use the rental of Vace-foT occupancy b t&Q or more--manufgdured homes.,including any accessa buildings, structures or uses customarily incidental thereto,, "Marijuanaprocessor" Mtans a person licensed the SWte Li uor an Cannabis Board to process marijuana into mar"uana concentrates, seable marijuana and marijuana -infused produas, Rackage and label marijuana concentrates, u able mariivana and, m dJuana-i fused products for sae in re# it outlets and sell mariivana concentrates, useable mariluona and marijuana -infused products a wholesale IQ inarijuanar t ile de J-Wed in RCW 69.51).1U7 and 12rovidLd herein for reference). . G "Marijuana produce means �rso. licensed' by the Liquor and Cannabis Board to produce and sell marijuana at wholesale to mari-juang processors and other marijuana producers as defined in RCW �,SU.101 and rovided herein for reference) "Marijuana retailer" m ans a pgrson licensed by the State LiQuor and Cannabiso sell marijuVa concentrates, useable marijuana and mari'uan infused products i MI -Ail outlet as defined in RCW 69.50.101 and provided herein for reference) "Miniwarehouse" means an enclosed sin le-sto building(s) designed and constructed to rovid individual compartmentalized controlled access stalls or lockers which hall be used only for the storage of personal property. Ministorage is synonymous with rminiwarehouse. Motel. See definition for "Hotel". "blurs an rennl a ses" means an establishment- for the wth is la or sale of plants, shrubs, trees, and materials used in indoor or outdoor_ plantings conducted within or without an enclosed building. "Nursing home" means any facility licensed by t ,Washington State Department of 5oc'al and Health Services.or.other appropriate stat Niding.conv_alescent,,chronic or domiciliary care for a ,period in .e cess of 24 nsecutive hours. for three or more patients or residents not rglated by blood or marriage tD the licensee, Offi a Business or Pr f s'onal. "Bu ing s or professional f r e" means an office wherein business, technical or scientific services are rendered layolvinalabot, skill education and SpeciaJ knowledge fbr certain co ensa io or rofit but such labor s i l ucation and special knowledge being predominantlymental intellectual, rather than 12hysical, manual or mercantile in nature. Exam les of such uses would include,_but not be limited to, the officesof lawyers accountants, brokers, and insurance agents, Office Medical "Medical office" means an offic inic used primarily by physicians,dentists, o to et i and • 'lar personnel for the treatment and examination of patients solel.y on a outpatient basin pro'Vided, that no over i ht patients shall be t on the premises. "Personal services" means: services rendered to individuals „for their personal physical appearance and conditionina needs. Examples would include but not be limited to the following es of services: barber, beautidan,masseur, ,and steam and sauna baths "Places of assembly" means a structure for groupk of people to gather for an event ,or regularly scheduled progrpm. Examples. include but are not limited to arenas, religious „institutions, lecture bells, banquet facilities and similar facilities. "Public_aggnc; or utilily office" means a buildlna or portion thereof used primarily for adm_in_istration, ur os s by a public anency or utilit . "Recreation - indoor commercial" means a commercial recreation land use conducted entirel w' hi a building, including. but not .limited for athletic and ,health„clubs. of or billiard halls. skating rinks, swimming pools, and tennis courts. "Recreation - .outdoor commercial'_' means a commercial recreation land use conducted ,primarily oors including, but not imited o w er parks, amusement parh, and miniature golf courses "Regional retail commercial" refer ny use which involves tbg—djspl@y and sale of retail conkumer goods as part of a regional retail master site plan. Permitted uses and exceptions are described within ECC 15.39.0.030. ReglgDal re it commercial develMments. contain a minimum of 100 00 s mare feet Rf epclosed gross_floor area of allowable uses: provided that at least 50.00.0 square feet must be used �y gue retailer. Senior citizen assisted housi " means housing in a building consisting of two or more dwelling unit restrigLed to occupangy by at least a e occupant 2 ears of age or older per unit and must include t least two of the fol owl no s ort s ices: 1. Common dining facilities or food, preparation service, 2. Gfoup activily-ar-eas separate from dinina facilities: 3. A vehicle exclusiveiy ded'cated to l2roviding transportation servi to 10 occu nts 4, Have a boarding home (assisting,livinng] license fmm,Washington State DepertMent of Social and Health Services. "Tow vehicle storacie area" means the oved a d and buildings where stored vehicles are The storage areas and fencing must comply with the requirernents—established by the Washington State De aft ent of Licensing, s i on State Patrol and all local zoning rules and re ulation . All to a 'cle storacie, areas must be physicallylocated within the w zone assigned to the operator. "Utility facili " means any privatel"ublicly,r cooperatively owned line facili ors stem for producing,. transmitting, or di ributin communications. ower electricit light, heal, a it crud products, water -steam. waste, stormwater not connected, with highway drainage, or any other similar commoditV, including any fire or Poligs signal system or street lighting wtorn, w 'c directly or indirectly serves the public. For comriier ial wireless communication su ort towers antenna a and facilities. " reckin and ehicle" means any area lot land a cel building. structure,oc part there -of where buying, selling, or dealing in vehiglg5,of a type required to be registered under Washington State law, for 1ho Purpose of wrecki dismantling. disassembling, r substantially changing the form of vehicle or buying or selling integral secondhand Darts, in whole or in part is taking lace. 17.11.037 Permitted Uses 1. Purpose: a. The purpose of this chap —ter is to establish the uses generally permittedin each zone w ich are cgm-pgtible with the purpose of the zone and other uses allowed within the zone. b. The us@ Qf a pLo-RIUis of ned by the activily for which the ildin o of is ialended, designed, rr n oc or Dnaintained. c. This --section only applies a 'thin those zones identified within use tables in 17.11.037(4)(A) below: See KCC 17.22.035 for CounWj ity conyersation chart For those zones within the UGA that are not listed in the tabigs below the use tables 17.16 through 17.57 shall apply. 2. Inftretation of Land Use Tables: a. The land use tables in this cha r determine whether a use is allo.wed in a zoning distrIC1. The zoning dist&t is located on the verticalgglurnn and the use is located on the horizontal row of thasys. b. If no symbol appears in the -box at the intersection of the column and the row. the use is not allowed in thatclistrict, except for certain tern ora use . For tamp ora use requirerrnents., see KCC 17.9Z010. c. If the letter "P" appears in the box at the intersection of the column -and the row, the use its allowed in that district. If allowed, the use would follow the Kittitas County process for permitting. d. If the er "C" apl2ears,e x at the ' tersection of the column-andthe aM the use is allowed subject to the conditional use review procedures specified in KCC 17.60A and the general requirements of the code. e. Clarification of Uses and Special Conditions. i. If a * appears after the us en the use is dgfinad in KCC 17.11.036 Uses are subject to footnote Mggirements in KCC 17.15 080.2 except wher.e thgy conflict wi b the table in 17.1 U37 4 a-c regarding the ermit process. 3. Access Use—s.-An.acgessM use as defined in CC 7.11,036 and identified on the use tables in KCC 17.11.037 4 by a " is pgLmitted in any zone if: a. It is the 5ame lot as the prll3cil2al use to which it is access , and b. It is of a nature cu§jomarfly_LnSJjental and subordinate to the Drincipal use or structure. 4. Use Tables: Table 1711.037(4)(a) idential-based uses. Use R-SS CC=H I_L I_H LweESIDENTIALGENEping, sing!gARMW p Dwelling, catta e* p Dwelling, du lex* p Dwelling,tow e* P Dwelling.Multifarnile p wellin -work P anufactu.red ho a ar ROUP RE IDENCIE:S Boardin uses, Igpdging hous sororities. raternities* Adult family home* p CommMUity residentigLbSjlKt Senior citizen assisted housing* RESIDENTIAL ACCESSORY USES AccessoU dwellingunit* p Home occ t` ns* (KCC 17.15.08.0.2 P P p p Yard sale use A A A A EMPORARY LODGING Bed and breakf st Jable 17.11.037 4 b Nonresidential uses Use RR=S C,CH I-LL I-HH TAIL Auto saes new and used p 1 armers' markets* Fruit stands* p p p He.a ret it p p p Hea4t service p p p Nurseries and areenhouses that are anc'la retailuse* p p p p estauran s bars, and brew ubs* p p fF Coa house, s resso bar P P P smalle <2 0 0 sf floor area p p Medium-scale(2,000 - 20.000 (.)or area) p Retail. large scale 20 Ml - 60,000 sf floor a p Retail su r scaly > 69,000 sf floor area Outlet center p Regionalretail commercial r 'acts* p p p ar"uana ta' * p PER5 NAL AND SERVICES Dgy care I facilities* p p p Day care II facilities* c p gneral service -establighments p p p p p Hotels tels* p Hospitals* c Office a ical* p p Kennels*. p p Nursing o es* Marijuana coo era ive* p p p p ftrs.onal se stablis s* p p Use R—SS CC=H UL 1=H places of assembl C C Radio station (cominerciall C C eterinary clinic Q C ESS SERVICE Conference center* p fice business or rofessi real* small tale <2000 s oor area p p p business or rof i na * medium p sca a 2,000 - 00 f floor area ifices busines sional* lame sualle p — p -- (20,001 - 60,000 st floor area MfniwarehgUse facili C p P INDUSTRIAL Light indust p P- Hazardous waste treatment off -site C C Hazarcipus,waste treatment on -site C C C Heamy imd—ustryC ri ua a roc ssor* p p bdariluanooducer* P p Towyehicle 5jorage area* -P p VChiclewreckin ard* C Table 1 1.1..037(4)(c) SDecial uses. use R_S C=H I`L 1—HH PARK. PEN SPACEAND RECREATIONAL. Ce eter s barium or -mausoleums p oI course p olf driving ra e (not associpted with a C Olf COULS-elC R creati .n - outdoor (commercial)*. p C Recreation - indoor (commercial)* P C Use RR=S C—H HL L Parks a rounds ublic or private)p p p CULTURAL AND ENTERTAINMENT rt erform'n its and recordina studios p EDUCAi70NAL Schools c GOVERNMENTAL Court p Firef chit p EQlice Ucili1y,p p Public agencyageogy or utility office* p p p Public agency or utilfty yard p p p p utility a i• p p p p Pu 'c r ns orta • passenger terminals p RESOURCE Gardening or fruit raising (accessqrsep p P p r noncommercial riculture p Small ind energy s s ems P p P p 17.1 LOU BulLding Setback and intensity Standards 1. Purpose: a. Topromote forms of development that reinforce and/or enhance the desired character of Ellensbg_nelghborhood5; To promoig m atibili ty btt-w—een de elo meats and To minimize environmental impacts Qf development. 2. Interpretation of Tables: a. The building setback and intensify standards tables address the building „set -back and intensjtof development ci •c to individual zoning distric s The zooiag district i located on the vertical colummd the formlintensLty topic being addressed J5 located on the horizontal row of these tables. b. Wbiese a code reference/link, appears after the building setback and intensity topic,, then t g use is sub'ect to standards sCt fotlb iij that section or c. If a number appears in the box at the intersection of the column and the row, refer to the development condition with the corresponding number immediately following the table, If there are multiple numbers, then all development conditions aonly. d. KCC 17.11.038 4 through 17.11.038 10 vide clarification and exceptions to the buildinci setback and intensity standards herein., 3. We Tables: Minimum lot area Nome' None, Minimum frontage None' Nonei Densily, minimum (KCC 17.11.038 4 None dui re DensiW, rnaxirnu CC 17.11.035 4 du acre No limit M xi um building height 5�ft 45 ft2 Minimum front yafd setba k3 -1 15 15 ft Garage front y—arA sgiback t Minimum rear -yard setback 20 ft Minimum rear Ord setback, accessM bui.W 12cludingara s ini' um rear ord set"bac detached accessoU dwellingee K C 17.1 . 3 c 55 W lf—t, Minimum side and setback i clu comer lot interior of line 5 fulo ft' S ftll0 Kinimum side yard setback -(comer -lot exteriorlot i loft loft Minimum ara a side yard setback (comer lot r`or la line 22 ft22 ft 7.11.038.1 Develornent condition footnoteF associated with Table: 1, Lot sizes may be vadable rovide thoy are sized and shaped sufficient to accorn odate perMitted uses and conform,to aappiicable design and density standards. 2. For buildings, or portions thereof, with pitched roofs -the maximum heicaht may be increased by five feet. DRUcabbe roof sio{�es must beat least 4;12 to qualify for this additional height. 3. Porches and covered entries may_project up to six feet into the front yard. 4. No front yard is rgc aired for buildings adjacent_to deli_gnated"storefrorltgoets_ "i ownhouses and zero lot line homes are exeiml2t from side and standards internal to a dey6opment. BoweKer—such uses shall meet apRficable side yard standards for adjacent lots outside of the dMlopment. 5. Towohgu5es and zero lot line homes are exempt from side yard standards internal to a development. However, such uses shall meet applicable side yard standards for adjacent lots outside of the development. 6. Acce-ggy buildings or accessaccessojy dwellingunits where built on top of an existing a a e ma be built to a prope y_ line _abutting an aligy`12MMided sufficient turning movement and emergency vehicle access within the a Il_ev. 7. For lots 6 ,QQO square feet or less. the minimum side yard shall be five feet on each side. S. Minimum densities anoly extent when. lim ted—due.._to_ Airaort overlav requirements in KCC 17.58 Tahlg 17.11.01MA1fh3 Ruildinn cathark anel intonrity OnneinMe tahla .. Nnnrrocirlontial -rnnac Standard C_H 1=L ITH DEVELOPMENT INTENSITY AND CONFIGURATION Minimum lot area None' None, None' Density, minimum CC 17.11.0 8 4 NA NA NA Densijl& maximum KCC 17.11.038(4D None NA NA Maximum building height see 38 8 for height35 ft None BUILDING PLACEMENT see KCC 17.11.038 5 through 17.11.038 10 Minimum front Ord 10 ft 10 ft 10 ft Garage ront a d setback 22-ft 22 ft 22 Minimum rear and None' None' Nonez Minimum side y@rd Nonez N n? Nonez 17,11.038.2 Development condition footnotes associated with Table: 1.a sizes may be variable provided they are sized and shaped sufficient accommodate ermitte uses and conform to agplicable design and de rds. For areas within 10 feet of a residential zone, thema,ximum building height shall be 35 feet 2. Where the subigLLpropeft borders a residential zone, the minimum side or rear setbacks shall be the same as the adjacent residential zone. End of footnotes 3. Critical Areas as defined by Kittitas County Code. Calculations_ for Determining Maximum Density - Gross Developable Acreage. a. All site areas may be used in the calculation, of the maximum allowed residential dens or project floor area except as outlined under the provisions of subsection (B)(2) of this section. b. Critical Areas as defined by Kittitas County Code shall not Ike credited toward the maximum densi1y or floor area calculations. Dopgr—ty used for new roadways, trails, s o mwat r facilities: or other _features used by residents may be counted as part of the site area for den5ijy calculations. Prooftransferred to the cityfor the construction Qf,public roadways or other public feature s a I e out a art of the sits a if the tit nd ro e owner rears agreement as part of the transfer. 4. Density Calculations, a. Maximum densityfor an individual site shall be calculat multiplying the gD2.sk developable the cable number f dwelling units. calcul ion exult !n a fr tion. the fraction shall be rounded to the nearest whole number as follows: b. Fractions of 0.50 and above shall be rounded up, c. Fractions below 0.50 shall be rounded down. d. Prohibited Reduction. AnY o ion of a lot that was used jQ calculate compliance with andards anrulations of this Vtlsaln t be subsequently subdivided or segregated from such lot. 5. Height exceptions. .he following u r e er the height limits set forth in CC 17.1 .038 3 a and KCC 17. 1.038 a. An additional two f et in height is allowed for structures with rroofs occupyingoccupyiog at least_ 50 percent of the area of the roof. b. Skylights. flagpole& c i ne s h c --stegples, crosses Epires, com un'ca ion a mission and rer&iving structures,and similar structures. 6. Setback measurements, a. Front Yard Setback, The front yard is measured from the street right -of, wAy or the edge of a surface improvement (sidewalk) which extends beyond a rioht-of-way, whichever is closer to the proposed structure, to a line parallel to and. measured ,perpendicularly from the -street right_o#Y way_or the edge of the surface improvement at the- _depth prescdbed for each zone. For dual _frontatfgprQperties, the front_yard is measured from the street „right- of-wa that is the pLg's street address rim ac es , b_ Side Yard Setback. The Eidg yard setbzckis measured from the side lot line adjacent to another propsAy to a lie arallel toad measured rl frOM the sWe lot liaesat the deptb pre 'bed for each zone. c, Bear YiW Setback. The rearyard setback is measured from the rear lot line adjacgnt to another private orooerty or an alley to a line parallel to and measured neroendicularly from the rear Int lines atthe d0p1h Prescribed for each zone. d. Cornerlats.-For_-corner lots with two street frontages, setbacks -from the addressed street side shall conform to the front yard setback for the underlying zoning district, The setbacks for the flanking side shall conform to the exterior side yard setbacks or the underlying zoning_ district. e. For meagurgeMenLs on a pointcd or irregularlot refer to definition of lot line in KCC 17.11.036. Permitted projections into yards. The following structures may extend jotg„ot_be„located in required setbacks: a. Fireplace structures, bay or garden windows, enclosed stair laidgs closets._ or similar structures may project 30 inches into a front or rear yard_ provided such projections are: i. Limited to two per facade; and ii. Ngt weer than 10 feet; b. Eaves, cornices, and signs may not project more than: i. Three feet into a front or rearyard�and ii. Two feet into the side yard: c. Porches and covered entries may -project up to six f=t_into _the front yard subject to conformance, With any required site vision standards set forth in Section 3,Street Standards. of the ciWs public works development standards Ipplieeble to the lot: d. Uncovered porches and decks, which exceed 18 inches .above the finished grade, max project up to six feet into the front or mar yards; e. Storefront weather protection_ projections into the public right-of-way are acceptable provided they don't interfere with street trees or extend beyond the edge of the sidewalk: f. The following ct into any frontyard: i. Unenclosgd porches and entry featuresmay 1?Miect six feet into the front yard: ii. Mailboxes and newspaper boxes; iii. Fire hydrants _and associated appendages: iv. Busshelters: and v. Monument signs: g. The following features mayproject into any Ord: i. Telephone poigs and lines: iL Power pales and lines: iii. Cable N and Internet lines: iv. Ught and flagpoles- v. Sprinkler systems; vi. Trellises not exceeding eight feet in height. not wider than 10 feet: vii. C Iverts and un r ro faci it's fpr the jarovisign of utilities, such as drains: viii. Ellgctdcal equipment cabingt and similar utility ho_xes pnd veglts: ix. Surface and stormwater water management facilities: x. Uncovered :porches and decks not exceeding_1L inches above the finished grade: A. Rockeries. retaining walls and curbs provided _these structures do not exceed a height of six feet from the property line grade; de: and h. No projections are allowed into a regional utility corridor or access eas ent. 8. Setbacks from AM. Accesspry buildiogs and accesso . dwelling units where built on top of an existing aaraae, may be built to a oroperty line abuttina an allev._provided sufficient turnina Wovement.and emergency vehicle access is provided within the alley. 9. Setback -modifications. a. In addition to providing the standard street_. setback, a lot adjoining a half -street or des' hated arterial shag o 'de an additional width of street setback sufficignt to accommodate construction of the alanned half --street o erial. b. For residential lots adjacent to designated local streets and built to applicable standards set forthin Section 3. Street Standards, of the ci 's_pub_Iic works demelopment standards, setbacks shall be measured from the back of the sidewalk rather than the rirght-of-way edge. vide no residential structures are built within ` the public ri ht-of-wa . c. Variance. See procedures in KCC 17,84. 10. Lot or site divided by zone boundary. When a lot is divided by a zone boundarw, the following rules shall a l a. When a lot contains both residential and nonresidential zoning. the zone boundar�r between thezones shall be considered a lot line for detCEmining_permitted building height and required setbacks on the site When a lot contains residential zones of varvinsa density: L Any residential density transfer within the lot shall be allowed from the portion with the lesser residential, density to that of the greater residential density, iL Compliance with these criteria shall_ Ise eualuaftd during review of any devetopment propgsals in which such a transfer is proposed; and iii. Uses on each portion of the lot shall only those permitted in each zone l2ursUgnt to KCC 17.11.037. 17.11.039 — Off -Street Parking 1, ur s : a. The vuroase of this chapter is to provide adequate parking for all uses allowed in this- itle o duce demand for ar i b encouraging alternative means of trans or i includipublic transit andj2kycles and to increase pedestrian mobility b i. Setting minimum off-street parking standards for different land uses and districts that assure safe. convenient and adequately_ sized parking facilities: ii. —Recognizing that developed properties are likely to support a yariety_of different uses otrer time; and iii. Providing for parking andstorage of bicycles. Z. Authority and application. a. The regulationg 9f this chapter apply to all parking areas in all zoning disiricts within the City of Ellensburg's Urban Growth Area. b. The regulations of this cha ter apply to all new development applications, all new parking lot construction or enlargement. In addition, these _r_egulations; shall apply at the time of pdarging. moving or increasing the capacity of existing structures creating reatna-oraddina dwelling units, ggmmercial or industrial floor space, car seating facilities. and shall also apply when an existing land use within an existing structure is changed to a category of land use as .set forth below that is different than the category+ of land use fgr which the existing parking_ facility was designed and installed. alled. c. Before an occupant permit maybe granted for any new.of enlarged building r for change of use in any existing building, the use shall be required to meet the provisions of this chapter. d. If,this_chapter does not specb a parking _requirement for a land use, the director shall establish the minimum requirement based on a study of anticipated parking demand. Transportation demand management actions taken at the site shall be considered in determining anticibated demand. In the. study the applicant shall _provide sufficient information to dennonstrate that the parking demand for a specific land use will —be satisfied_ Parking studies shall be -prepared by a professional engineer with expertise in traffic and parking analyses. or an equal qualified individual as authorizcd by the director. e. The Electric Vehicle Infrastructure Legulations in K C 7.66 5holl beutilized in cgiliunation with this Chapter. 3. Parkin tan -Building permit, pre bond and occupancyoccuppncy a uirements. a. Building Permit No building permit nor parking lot construction or enlargement sloall be issued until a 12arking plan showing rovision for the re wired off-street parking, as specified in this er has been submitted and approved by thediMctor. The plan shall -clearly indicate the proposed .development._including parking lot location, size, shape design, number of spaces cub cut light'n and other features and appurtenances required by this chapter. The parking_plan shall show/state the number of parking Spaces and handicap spaces required -and provided b. SurM. Before a building ermit is _issued for any. building or structure forwhich this chapter re ui s off-street parking and where such off-street parking is ngi IQ be contained within the building for which the building permit is requested. the director may require that the ap lipp cant_provide the cily with a surety bond or other sufficient security approved by the director guaranteeing to the county the installation and improvement_of the require a - street parking +within a timenot _tg exceed six months following the completion of the building(s) forwh'ch such off -sheet parking is to be proyided. c. -Occupaecy. All required off-street parking areas must be cgMpleted and landscaped prior to occupa_0cy of any structure. 4. Computation of required off-street parking spaces. a. Spaces Required Except as modified in subsections below, off-street parking areasshaii contain at a minimum the number of parking spaces as stipulated in the following table. Off- street Parking ratios expressed as number of snaces�per square feet means the usable or net square footage off or area, exclusive of nonpublic areas. Nonpublic areas _include but are not limited to building maintenance areas storage aregs, closets or restroo s. if the formula for determining the number of off-street larking spaces results in a fraction, the -number of off-street parking spaces shall be rounded to the nearest whole number with fractions of 0 50 or greater rounding up and fractions below 0.50 rounding Takla 17 11 ARWAVa)m tnmmitatinn of ri-mirQri nff-street narklno spaces inimum Parking Spaces ateggry of Land Use' e wired RESID NTIAL LODGING Dwell in siniale4amil 2.0 per dwellingunit for strUcturgs mntaining more than bedrooms, I additional space for ach bedroom in excess of 4 shall e provided. NOTE: T nd m Darking o accommodate ara es Is ermitted for single-family mnit . Accessoiy dwelling unit None re aired Apartment: Dul2le 2 Dpgr dwelling unit, Q structures conWnina MQrethan bedrooms, 1 additional space for ach bedroom in excess of 4shall be provided. NOTE: Tandem Darking o accommodate 2-car ara a is ermitted for duplex dwelling units Townhouse 0 e r�►nrelling unit: f r structures containingmore than 4 bedrooms 1 additiopa.l.space for each bedroom i s f 4 shall be proylde Studio units 1 2 Rerdwellin unit Studio and 1-bgdroom units in C-C zone outside of the downtown historic district 7 per dMIling unit 1 -bedroom units 1.5 per dwellinun' 2-bedroom residential units and lar er in C-C zone outside of 7 per edroom e downtown historic district - edroom units or larger 11.0 pgr bed Qom Qtta a housin .5 er dwellin unit Finim Category of U el m parkin Spaces a aired Senior housina 1.0 er dwelling unit his may be reduced based on the charac eristics of the Adult family hom 2,0 per dwellimLLmit or structurg5 QgAtaWlacl_more _than bedrooms, 1 additional space for each bedroom in excess of 4 shall be pLovided. NOTE" Tandem parking o ac o modate 2-car aara es is d, Senior citizen assisted housing 1.0 per 2 dwelling r sleel2in units Commuity residential facilities 1.0 per 2 bedrooms Boarding houses, lgdgilig houses, r ri ies fraternities 1.0 per bedroom Hotel motels where restaurants and conference facilities are 1.0 per guest r o nclude see standard for applicable use Bed and breakfa t pesthouse 1_ er guest room lus 2,0 per facilily GENERAL RETAIL AND SERVICE Offices,.banks medical clinics su ermarkets retail sho s department stores or similar uses 1.0 per 300 square fgel of gross floor a reta General retell or service use, it "v -ir Same parking for retail and serv.ICC s provided herein, plus sufficient greet drin-through stacking area to accommoda e 3 vehicles without nggatively impactimpactjng other required arkin areas, ingreg and re s into such parking areas. Qr traffic on Qubfia.ree . Day care facili 1.0 per emplo= plus 1.0 emporary'loading parking per each full -day 'v lent children FOOD AND BEVERAGE Restaurant taverns or similar uses w ere patrons sitr 1.0 per 00 squgg feet of gross r areafor sit-downf cili ies with ervice F— a minimum number of 5 spaces re aired Same parking as restaurant u sufficient off-street dr ve-thro stacking area too accommodate 6 vehicles without negatively i actin other required arn Drive-' restaurant and a ress into such parkingareas or traffic on ubfic te 2.b per fadlijy plus sufficient off - Drive -in coffee stand tee drive-thror h stpcking area IQ i.o er 2 0 square t pf g Loss Restaurant. taverns or similar uses where patrons sit down -for floor area for sit-down #ac lities with service a minimum number of 5 spaces r ui ed ame Darkino as restaurant plus fficient off-stre t dr'. - hrou tackin t ccom dat Drive-in restaurant 6 vehicles w' at veI impacting other required parking real in ss and -e ress into such parking areas or traffic on public et .0 per facilijy 121masufficient off- r et drive -through stacking area o accommodate 6 vehicles without tivel imr)actina other required Drive-in coffee stand a )arIkdngxmsjngLqss and egress into such parkirin areas or traffic on lic s .sets LACES OF ASSEMBLY Churches, funeral mortuaries, clubs lodges. m s .25 per Rerson o mmimum occu s t Iished 2y the fire marshal with a minimum auditoriums theaters, c f r f 1' ' public or commercial L re a i 1 facilities, or si i cruses ces required INDUSTRIAL AND LAND CONSUMPTIVE USES hoes le tradewarehousing (including miniwareho.use facilitiesprocessing and manufacturiilltjes,he ei t re air lumber yard, car sales or similaT land consurnlItflye but low traffic a ation use 10 Mr 1,500 square feet of r ss floor area for structures up to 20,000 s uare feet in grags sig-ewith minimum of 5 s12aces re aired OR 1.0 per 2.000 00 r f ggj of gross floor area for structures greater Ihan "Ouare feet in gross size, MOTE: For vehL cle sales lots the sales area is not considered o be a Mking facilfty and does not have to omply with the require[ngnts of his cha t r. However, all required parking must be designed and reserved for customer rkin onl _ PUBLIC ANDQUASI-PUBLIC USES Hospital er each.5 beds with a minimum of 5 spaces i ed Elementa and Junior high schools er I s r ornplus 1 er 50 stuslents High schools cal le e or univeLsily, tLade sc I or business 1.0 per classroom, plus 1 pgr 10 students school Governmental office 1.0 per 350 Iq Ware feet of gross floor area 17.11.039.1 Footnotes Associated with Table: 1, Insituations where a particular use is not specifically m ioned in this table he requirements_ for off-street parking shall be determined by the director and, in_accordance with the moos_t comparable use listed. a. Shell Building ermitApplications.- When the c©unty has received a, shell building_pennit application, off-street parking reguimments shall be .based on the possible tenant irnproverMents 2r uses authorized b„y_ the _zone_ designation and compatible with the Iimita;iorjs Qfth!g shgIl permit. When the range of possible uses_results in difArgnt parking roquirements, the d1roctor shall establith the amount of parking bmed on a I uses. For example, an applicant submits a, permit Lor-a 5,0L=square-f o#,�bell building in the C-H zone. The zone allows for a range of retail, personal, and general services etail uses. Most permitted uses in this zone fall in. the category of general, retail and service uses in Lable 17'.11.03� Q�).(ii w_hi_ch-reauires_one space per 300 sAijare feet of gross floor area. RestauraMrequire. more parking f�pace per 200square feet of -gross floor area). While the director might find it unreasonable to rmq`uirp park{ g for the "worst case scenario" in terms of possibleorshe will tyj2iralloosea requirement that ffalls tetween he W5jible use scenadoE, In t is case t o odds are that mostpossible uses fall in the general retail and service use category with ,a,l wgr parking requirement, though a,sliQhthr Fhigher parking requirement would make sense given the possibility of a use such as .a restaurant which requires greater parking. Thus, a compromise standard,_ requiring a minimum of ones ace oer 275 square feet of r ss floor area would be reasonable in tl is instance. b. Other Provisions of Code, LMhere other provisions of this code stipulate reduced minimum p t)g requirements, those proVisions,shall apply. c. Bicycle Parkin , M ifamily and nonresidential develo merits shall Provide. for bicycle parking er the s a rds .below: i. Amount of Bicycle Parking. TahIp 1711 nintA frnfin rmmni itatinn of romPirari r%ff_ c+roa+ hirvrlb CM-C ate n of Land Use Minimum Parking Spaces Re uired Single-family dwelling]None Multifamily dwelling .5 space per dwelling unit funits with private garaggs arg exemptl Hate! motels 1.0 per 20 guest rooms 1.0 per 5 000 square feet of gross Offices banks medical clinics floor area for up to 50,000 s are su erniarkets retail sho s department stores, or si ilar uses feet, then L0 10,000 sQuare fggt be and 50 000 Pestauran to erns or simi lo r u ses where patrons sit down for 1:0 per 800 SQuare feet of gross floor service area II other uses 1.0 p rpm 5 r uired vehicle pgrkina s aces Location and Desian - Nonresidential Uses. Bicycle facilities for oatrons shall be located within 100 feet of the u'l ' entry ce and loc in safe A ibl areas that do not ii gde pedestrian or vehicle traffic flow. lil. Parkin Location and Design -ResidenLiaj Uses. Bi cle facilities for residents shall be located within_100 feet of all building or, individual unit entrances and located on the ground level in_safe, uisible areas that do not impede pedestrian or vehicle traffic flow. iv. Bicycle p r 'ng hardware_sball be installed according to its manufacturer's instructions, allowing ado u to clearance for b3 cles and t ers. 5. Prima Use, Th-g-minknum number of parking spaces shall be computed basedlon the rim uses on the propeM except as stated in subsection G of this section that addresses accessa uses.. V en # eye are two or_more separate primary uses on a property, the required off-street parking for the p_ropetty is the sum of the required parking -for the individual p[Imary uses 6. Access nc. Use, 1A hen more than 20 percent of the gross flour area on a property is in an ca cesso1y use, IN required off-street parking shall be calculated separately for the accessory use and for the prigndthon added together for the total rgguired off -greet parking. When 20 percent or less of the gross floor area on a proper is in an accessory use the requiredoff-ws ree ark. in .shall be calculated on th area of the buildingas if i were all under the primary use, Examples: a. A 400 - re -foot building containin a 30 000awsQua re -foot warehouse space 75 percent of o I and a 10 000-s uare-foot accesso o ce 25 pgoot of total). The minimum parking Lequirement would be calculated separately for the office use and the warehouse use and then added together. b. The same 0 0-s uare-fo t bui din containing 3 0-s uare-foot wareho se Epace j88 percent of total) and a 5.000-square-foot accessory office space f12 percent of total). The required orking_would.be based solely on the gross floor area of the building as if it were all the pricuajy use (40 000). 7. On -Street Parking. On-strggl parkingimmediately adjacent tp the property may a counted towards the perking requirement for nonresidential uses. 8. All required off-streot parkingmust-have d' ect and unobstructed access to inoness and egress from a public street. and stacked or tandem—parkingtandem-parking shall not be counte-d—towai-A Meetiog the required off-street parking=requirements in any zoning district except, for single-family residential structure and du lex dwelling units as per T ble 171 9 4 a i . 9. Gara a Requited off -stet rkin that is p1mdded in garages orcarports shall be credited toward the required off-street 12arking spaces except that no star ed o-r #parking that blocks off those gages or carport parking spaces from direct or unobstructed access to ingress or egress to a-publicstreet shall be credited toward the required parking spaces except for sin I - ami reside ti :structutes and du as set fo in JpLlp 17,11.039(4)fa)(1). 10. Handicapped ed Parkin f- eetparking and access for the phylically.,handicapped shall be provided in accordance with the Uniform Building Code. 11. Fire Lane Standards. Fire lanes may be required by the fire cods and by Kittitas ValleyVallpy Fie and Rescue within o -street parking aciiities. Such fire lanes, inciuding dimensions width, location etc., shall bg insoilgd as required by the fie code oLXi!ttiUs Valley Fire and Rescue and shall remain in effect throughemdt the life of the parking facility 12. Chanm in use to a different land use cate o i vide the minimum off-street parking for the new general laod gse categar4 13. Cod&ued use of required parking spaces. a. LDnttnued Use. EZ u'red.off-street arki ces must be available forthe continugd use of reside its customers or employees of the use d the continued use of a building or structure or pLperty_for which off-street parking is required shall be conditioned upon the contir)ged existence of such off-street parking. If the required off-street.parking ceases to exist in cgnnection with the use for which it was reserved. and no equivalent off-street p-A&lng is provided, such occ anc and use of the building or structure or r e shall become illegal and the oecu anc permit shall become void. b, Assi nme t Prohibited. uired of -streetparkinci spaces may not be assigned in any w to another use on another site. c. Use for Non-Porking Pur oses Prohibited, Re uired off-s r arkiric�sAaces shale not be used for the .parking _of equipment or —tor — storage of materials or goods- or inoperable vehicles, _.0 a of required off-street marking for commercial or other purposes in conjunction with a e ora use of a limited -ands eciffc duration shall requlM se arat e 'ew and approval by the director in conjuncfion tijhhe ternora use d. Maint nance Required. The off-street arkin required by this chapter shalt be Maintained 'n a od and functioning condition as -determined by the director, 14. Loading Apace re uire ent a. Eves+_ ngnrg�idential building engaged in retail, wholesale, manufa�. urine. or storage activities{eluding. se f- a ice __storage _facilities, shall provide loader spaces in accordance with the standards listed below: Table 17.11.03904)(al i) Loading space requirements for retail, wholesale, manufacturing, or storage activities exclu.din.a self-service storage facilities. gross Floor Area Required Number of Loading ces 10,000 to 40,000 sguaLg feet 1 40.001 to 95 000 aaugre feet 6 001 to 160,000 square feet 16P,OOlAo 196,000 square f e additional 7b DOD s uare fepj 1 additional b. EmM building engaged in otel office building. re—s-ta-urant hospital,auditorium, convention hall exhibition half sports arena stadium or .other similar use shall provide loading spaces. in accordance with the,standard$ Iiste� tgjow: Table 1T.11A39f14i(a)iii Loading spacerequrements for hotel. -office building, restaurant, hospital auditorium, convention hall exhibition hall sports rep dim r other similar uses. Gross Floor Area R uired Number of LoAdW Spaces 40,000 to 120,000 square feet 1 1.20,001 to 264,000 square feet 2 264,001 to 520,000 square feet 520,001to784,000-squalvLeet. 784,001 to 920 000 s uare feet 5 For each additional 200,000 square e 11 additional c. For storefronts and other similar buildings sited adiacent to_a street.without indivi busi a ses over 100 0 sgUare LQd and no alleyaccess, loading spAce may be provided b on_ street designated loading zones upon approval_ of the public works. and ujilities director as anadministrativedecision based on access,:a.nd,:safety_considerations. A site plan, proposed conditions, and reason for on -street loading facilities shall be included in the a1212lication. d. Each loading space mguired by this section shall be .a minimum of 10 feet wide. 30 feet tong, _and have_ an unobstructed vertical clearance_ of .14 —feet_ six inches, and shall be surfaced, improved and maintained as required by this chapter. Loading spaces shall be located so that trUcks ghalf not ob trust pedestdan or vehicle traffic rnov t a ro` ct into any public right of -way. All loading space areas shall be se12arated frornparking areas and, shall be designated as truck laadirm spaces., e. Any loading sl2ace located within 100 feet of areas zoned for residential Uge shall be screened and operated as necessary to reduce noise and visual impacts Noise mitigation measures may include architectural or structural barriers. beams. walls or restrictions on the hours of operation. f. Multi-sto self-servicg ggragefacilities sha-I.I.Provide two loading aces nd sinalemtsfofy facilities one loading spgce, admacent-to-each-Wildingentrance -thatrani cammo accessinterior storage units, Each logding berthshall -measyre not less than 25 feet 2 feet with an unobstructed vertical clearangg of 14 feet six inches and shall besurfgced. iMproved.d maintained as reguimd Whish r. Any floorarea additions orstwural alterati to a building.shall be required ovide loading ce or spaM as set forth in this chapter. 15, Larking lot design and con mctions r a. Pgrkinq Area Access Standards See SectionParking Standards,of the ci 's public works deveigpment standards. b. Parking Stpll and Aisles Dimensions. See Section 6, Parking Standards of the city's public works develg2ment standards. c. Perking Area Development and Design Provisions. iii. For parking ares-surfacing standards, see Section 6 Parkin Stan-dards, of the ci 's public_works development standards. Fire Zane shall be in accordance With the International ire Code (IFC1 as adopted in KCC 14.04. 17.11.040 Infrastructure. Except as modified by a UGA interlool...agreement PLdevelopment of infrastructure relating to municipal water and sewer services shall be referred to the requirements as outlined by the corresponding cities code. Joint review shall occur in the development of roads with both the city and county road standards. (Ord. 2007-22, 2007) 17.11.050 Minimum Density. Density calculations shall be calculated based on lands available after removal of lands protected under Critical Areas as identified in Kittitas County Code Title 17A and lands used for the purpose of development and placement of roads. This provision shall not apply to the Airport Overlay. (Ord. 2019-01 2019; Ord. 2007-22, 2007) 17.11.060 Maximum Lot Coverage. Except as modified bya UGA interlocal agrgement.-Tihe ground area covered by all buildings, including accessory buildings, shall be consistent with the associated City's maximum lot coverage regulations for the associated land use zone. This applies only to those zones with a Maximum Lot Coverage(Ord. 2018-014, 2018) Chapter 17.1 S ALLOWED USES Sections 17.15.010 Categories of uses established. 17.15.015 Allowed usp2 for certain zones within the El JeJ)Aburq Urban Growth Area UG 17.15.020 Establishment of zoning use tables. 17.15.030 Interpretation of tables. 71 .15.040 Zoning use tables. 17.15.050 Allowed uses in resource lands. 17.1_ _ 5.060 Allowed uses in rural non-IAMIRD lands. 17.15.070 Allowed uses in rural LAMIRD lands. .080 Allowed uses in urban lands. 17.15.010 Categories of uses established This chapter establishes permitted, permitted administrative, administrative conditional use and conditional uses, by zone, for all properties within Kittitas County. All uses in a given zone are one (1) of four (4) types: 1. Permitted Use. Land uses allowed outright within a zone classification and subject to provisions within the Kittitas County Code. 2. Permitted Administrative Use. Land uses which may be permitted within a zone classification following review under the provisions of KCC Chapter 17.60B. 3. Administrative Conditional Use. Land uses which may be permitted within a zone classification following review under the provisions of KCC Chapter 17,60A. 4. Conditional Use. Land uses which may be permitted within a zone classification following review and hearing under the provisions of KCC Chapter 17.60A. (Ord. 2016-023. 2016; Ord. 2013-012. 2013; Ord. 2013-001,2013) 17.15.01 S All w d uses for certain zones within a Ell u Urbanre SM Properties located withinThe ur hich are zo a C- - - I- D (Bender ecer and the-Ve[ge)shall utilize the use tables,KCC 17.11 7 7and 17.11.037(4)(t). 17.15.020 Establishment of zoning use tables The allowed use tables in this chapter establish allowed uses in the various zoning classifications and whether the use is allowed as "Permitted," "Permitted Administrative," "Administrative Conditional" or "Conditional." The zone classification is located at the top of the table and the specific use is located on the far -left of the vertical column of these tables. (Ord. 2013-012, 2013; Ord. 2013-001, 2013) 17.1 S.030 Interpretation of tables. 1. Legend. The following letters have the following meanings when they appear in the box at the intersection of the column and the row: P Permitted Use PA Permitted Administrative Use AC Administrative Conditional Use CU Conditional Use 2. Definitions. Uses defined in KCC Chapter are indicated with an asterisk r). 3. Additional Use -Related Conditions. The small numbers (superscript) in a cell indicate additional requirements or detailed information for uses in specific zones. Those additional requirements can be found in the footnotes that follow each allowed use table. All applicable Federal, State and local requirements shall govern a use whether specifically identified in this chapter or not. 4. The Director has the authority to allow uses that are substantially similar to an allowed use listed on the table subject to the same review procedures as the substantially similar use. In such cases, all adjacent property owners shall be given official notification for an opportunity to appeal such decisions within ten working days pursuant to Title 15A of this code, Project permit application process, except in the case of PUDs located inside the UGA where determination of substantially similar uses shall be made by the planning commission during review of the development plan required under KCC 17.36.030. 5. Accessory uses. The administrative official has the authority to permit uses that are customarily incidental to an allowed use listed on the table. (Ord. 2013- 012, 2013; Ord 2013-001. 2013) 17.15.040 There are four (4) separate tables addressing the following general land use designations (Resource Lands, Rural Non-LAMIRD Lands, Rural LAMIRD Lands, Urban Lands) and zone classifications: 1. Resource Lands a. Commercial Agriculture b. Commercial Forest 2. Rural Non-LAMIRD Lands a. Rural Residential i. Agriculture 5 ii. Rural iii. Planned Unit Development b. Rural Working L Agriculture 20 ii. Forest and Range c. Rural Recreation i. Master Planned Resort ii. General Commercial iii. Rural Recreation iv. Planned Unit Development 3. Rural LAMIRD Lands a. Residential b. Residential c. Agriculture 3 d. Agriculture 20 e. Rural f. Rural g. Limited Commercial h. General Commercial i. Highway Commercial j. Light Industrial k. General Industrial I. Forest Range m. Planned Unit Development 4. Urban Lands a. Residential b. Urban Residential c. Agriculture 3 d. Rural e. Rural f. Limited Commercial g. General Commercial h. Highway Commercial i. Light Industrial j. General Industrial k. Forest Range I. Planned Unit Development rd. 2013-001 2013) 17.15.050 Allowed Uses in Resource Lands. 17.15.050.1 Resource Use Table P Permitted PA Permitted Administrative CU Conditional Use ACU Admin. Conditional Use *See KCC Chapter 1 & 808 Definitions Resource Commercial Agriculture A. Agriculture Animal boarding* P Animal Cremato * P Agricultural Enhanced Uses* PK Agriculture processing* CU 17 T Agricultureproduction* P Agriculture sales*, Produce Farm P1/AC21 Agriculture sales CU Dai CU Feedlot* CU Grazing* P Marijuana Processin Marijuana Production* Marijuana, retail sales* Nurseries P Riding academies CU Small-scale event facifl AC 2/ CU U-Pick/U-Cut Operations* AC z2 Farm Visit* AC29 Commercial Activities associated with agriculture* AC Commercial B. Civic Cultural Uses Agriculture Cemetery P 13 Clubhouses, fraternities and lod es* ACz4 Cultural and educational facilities Libraries Meeting facilities Museums and galleries Religious institutions* CU School, ublic orprivate* CU j2 Interpretive Center* Commercial C. Commercial Auction sales of non -agriculture products Bank Bed and breakfast* AC Clinic* Day care facilities* Funeral home/mortuary animal or veterina Office* Restaurant Retail sales,* general Retail sales,* lumber and building materials Retail sales,* vehicles and equipment Services Shooting range* CU2� Taverns TemporarV sales office Vehicle/equipment service and repair* P Zz Commercial D. Industrial Agriculture Airport* P za Asphalt/concrete plants Explosives, storage or manufacture Forest product processing* (portable) Forest product processing*(permanent) Freighting and trucking and or terminal* Hazardous waste storage* Hazardous waste treatment* Junkyard* Manufacturing* Mini -warehouse Refuse dis osaVre cle* CU Research laboratories Wastewater treatment Warehousing and distribution PA27/CUzG Wholesale business Commercial A ricutture E. Recreation Campground* Golf course* Guest ranch or Guest Farm* CU Parks and playgrounds* Recreation, indoor* Recreation, outdoor* Recreational vehicle storage Stadium Trails PA Commercial Aviculture F. Residential Accessory dwelling unit* Accesso living quarters* Adult family home* PA p G pZ Boarding house Convalescent home Dwellin , single-familt p Dwelling, two-family* Dwelling, multiple -farnil p Farm labor shelter* Group home* CU 2 Home occupation* Pa Manufactured home* p� Manufactured home park Mobile home Special care dwelling* p¢ P Z Temporary trailers p i t Commercial Agriculture G. Resource Forestry* p Forest product sales* Mining and excavation* CU Rock crushing* Commercial H. Utilities and Public Facilities Electric vehicle infrastructure* Public facilities* - PA Solar Power Production Facilities 31 Utilities P 1 Watershed management activities* PA 17.15.00.2 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 1. Lffi 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; 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. g. Park model trailers shall obtain the same building permit as for placement of a manufactured home. h. Park model trailers shall be inspected and approved by Washington State Department of Labor and Industries. 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 RCW 70.128.140. 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 within established cemetery boundaries as of the date of amendment adoption, and 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 campsites or primitive campgrounds as defined by KCC 17.08.155A. 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 Sheriff's Department. 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 RAW 3_6.70A.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. 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. 31. Pursuant to KCC 17.61 C.050 and 17.61C.060. LOrd. 2021-015, 2021; Ord_. 2018-02.1 -, 2018; Ord, 2018-018, 2018; Ocd. 2018-001. 2018; Ord. 2016- 023 2016, Ord, 2015. 010, 2015; Ord. 204-015, 2014; Ord 2014-00 , 2014; Ord. 2 ' 4-004, 2014; Qrd. 2013-012 2013; Ord. 2013-0 2013; OLd,.2013 &0.1, 2013;) 17.15.060 17.15.060.1 Allowed Uses in Rural Non-LAMIRD Lands P Permitted Rural Non-iAMIRD PA Permitted Administrative Rural Rural Rural CU Conditional Use Residential Working Recreation ACU Admin. Conditional Use * See KCC Ag 542 Rural 5.49 Ag 2042 Forest & Master Chapter 77.08 Definitions Range Planned A. Agriculture Agricultural Enhanced P55 P55 Uses* Agricultural direct P62 P62 P62 P62 marketing activities* Agricultural seasonal P63 P63 P63 P63 harvest festivities* Agricultural expanded C C C C seasonal harvest festivities* Animal boarding* P P P P Agriculture processing* CUL3 CU23 CU" Agriculture production* P24 P P PZA Pea Farm Stand,* Pz? / AC5 Pz2 / AC5=1 P22 / AC51 P22 / ACu PZ / AC5 Agriculture Sales,* CU CU Dairy CU CU CU CU CU Feedlot* CU CU'" Grazing* P P P P P Marjuana processing* Mar'quana production* Marijuana, retail sales* Nurseries P P P CU " Riding academies CU CU CU CU Small-scale event facility* ACa5/CU AC45/CU AC4�/CU AC45/CU U-Pick/U-Cut Operations* P / AC5_1 CU P / AC51 P / AC51 Farm Visit CU CU AC51 AC51 CU Commercial Activities associated with agriculture* AC AC Ag 551 Rural 5�_i Ag 2051 Forest & Range Master Planned B. Civic Uses/Community Services Cemetery P 21 P 27 P 21 CLI "" P 21 Clubhouses, fraternities and lodges* ACaa AC44 AC AC35 AC Cultural and education facilities P Libraries CU 3 Meeting facilities P Museums and galleries Religious institutions CU CU CU CU Schools, public or P25 P25 CU private* Interpretive Center* AC AC Ag 551 Rural 5 .i Ag 2051 Forest & Master Range Planned C. Commercial Auction sales of non - agriculture products Bank Bed and breakfast* AC AC AC AC" Clinic* Day care facilities* Funeral home/mortuary Hospital* Hospital, animal or CU veterinary* Hotel/motel CU s Office* Restaurant CU 36 P Retail sales,* general CU 36 P Retail sales,* lumber and building materials Retail sales,* vehicles Services p 20 Shooting range* CU 3-1 CU " 31 Tavern CU 36 P Temporary sales office Vehicle/equipment service and repair* P P16 PJ6 cum P42 Ag 5.0 Rural 5LI Ag 20,L1 Forest & Master Ranged Planned D. Industrial Airport* CU CU CU CU Asphalt/Concrete plants CU 97 Explosives, storage or manufacture Forest product P P CU CU 3 processing* (portable) Forest product CU CU'" processing* (permanent) Freighting and trucking yard or terminal* Hazardous waste storage* Hazardous waste treatment* Impound/towing yard* Junkyard* Manufacturing* Mini -Warehouse CU 59 Refuse disposal/recycle* CU jg CUY Research laboratories Wastewater treatment Warehousing and PA47 PA47 PA47/CU46 PA47 distribution Wholesale business Ag 551 Rural 551 Ag 2051 Forest & Range2 Master Planned E. Recreation Campground* CU 12 CU 12 CU 12 CU12 P54" CU 13 Golf course* CU CU CU CU" CU Guest ranch or guest farm* CU CU CU CU • Parks and playgrounds* P P P3 P P Recreation, indoor* P Recreation, outdoor* AC AC CU CU AC Recreational vehicle park* CU CU CU Recreational vehicle/equipment service and repair* CU 60 Recreational vehicle storage CU 26 Stadiums Trails PA PA PA PA PA Ag 55_1, Rural 55i Ag 2051 Forest & Range5i Master Planned F. Residential Accessory dwelling unit'* PA27 PA27 PAL7 PA27- Accessory living quarters* P 28 P zs P 28 P 28" P 28 Adult family home* P41 P 41 P a1 P 41 P 41 Boarding house CU 29 CU 29'" Convalescent home CU CU.. Dwelling, single-family* P33 Poo P P34 PI Dwelling, two-farnily* P P 3 P3A P 1 Dwelling, multiple- P! family* Farm labor shelter* CU4 CU4 CU4" Group home* CU CU Group Care Facility* CU36 CU CU5§ CU Home occupation* P/CU 5 P/CU 5 P/CU 5 P/CU5" P/CU 5 Manufactured home* P P P p.. P Manufactured home park Mobile home P 38 P 38 P 34 Special care dwelling* P30 Pao P32 P30 Temporary trailer P 7 P 7 p 7 P 7 *. P 7 Ag 551 Rural Ssi Ag 20L1 Forest & Master Range5i Planned G. Resource Forestry* P P P P 34 Forest product sales* P Mining and excavation* CU CU39 CU P� Rock crushing* CU,39 p Ag 5j1 Rural Ss1, Ag 20s1 Forest & Master Ranges Planned H. Utilities and Public Facilities Electric vehicle P 32 P 3.2 P 32 P 32 P 32 infrastructure* Public facilities* PA53 PA53 PA53 PA53 PAS Solar Power Production 57 57 57 57 57 Facilities Utilities P9/ACU9/CU9 P9/ACU9/CU9 P1o/ACUL/CU10 P9/ACU9/CU9 P11/ACU11/ Watershed management PA PA PA PA PA activities* Publishers Note: Footnote 37 was erroneously referenced in this section by Ordinangg 2013-h01 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 stratus; 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 1 LU 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 (i.e. health, water, sanitation). 13. Campgrounds and Recreational vehicle sites with power and water are permitted; campgrounds and recreational vehicle sites without power and water require a conditional use permit. 14. The following standards shall apply to the approval and construction of mini - warehouses: a. A mini -warehouse proposal (application) must include plans for aesthetic improvements and/or sight screening; b. All buildings with storage units facing property boundaries shall have a minimum setback of thirty-five (35) feet; c. No commercial or manufacturing activities will be permitted within any building or storage unit, d, Lease documents shall spell out all conditions and restrictions of the use; e. Signs, other than on -site direction aids, shall number not more than two (2) and shall not exceed forty (40) square feet each in area. 15. Permitted when conducted wholly within an enclosed building (excluding off-street parking and loading areas). 16. Limited to farm implement repair and maintenance. 17. Limited to offices directly related to tourism and recreation. 18. Retail sales are limited to groceries and sales directly related to tourism and recreation. Structural footprint containing all of these activities may not exceed 4,000 square feet. 19. Limited to composting facilities. 20. Limited to those services typically found on other destination resort properties and designed to serve the convenience needs of the users and employees of the master planned resort. Shall be designed to discourage use from non -resort users by locating such services well within the site rather than on its perimeter. 21. No new cemeteries. Existing cemeteries may expand or enlarge within established cemetery boundaries as of the date of amendment adoption, and 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. 2-3. Hay processing, and small-scale processing of agricultural products produced on the premises are permitted without a conditional use permit. 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. Recreational vehicle storage may be enclosed or outdoor storage of recreational vehicles or both. Permitted where the use is only serving a residential PUD or in the Rural Recreation and Forest and Range zoning districts and subject to the following standards and conditions: a. All stored vehicles must be licensed if required by law, and operational. This land use does not include vehicle sales. b. Unless it is limited to serving a residential PUD and otherwise permitted or authorized, recreational vehicles shall not be stored outside when the site is contiguous to a residential zoning district. c. No commercial or manufacturing activities are permitted except when recreational vehicle/equipment service and repair has been permitted subject to the requirements of KCC 17.15,060.2 Footnote 60. d. in the Forest and Range zoning district, and when not limited to serving a recreational planned unit development, the site shall either be: i. Contiguous to a State Highway, or ii. Contiguous to a designated urban arterial or rural collector road located near a highway intersection or freeway interchange. iii. It is not necessary for the site to have direct access to such arterial, collector or highway to meet this requirement. e. Recreational vehicle storage shall be designed to be compatible with the surrounding rural character, subject to the following standards: i. Storage areas shall be enclosed with a minimum five -foot - high, security fence. The applicant may be required to provide additional plans for aesthetic improvements and/or site - screening. ii. Additional setbacks, physical barriers or site -screening may be required on sites that border resource lands in the Commercial Agriculture or Commercial Forest zoning districts. iii. Findings shall be made that the proposal does not require urban governmental services such as municipal sewer or water service and does not compromise the long-term viability of designated resource lands. iv. Measures shall be taken to protect ground and surface water. Electric Vehicle Infrastructure subject to provisions of KCC Chapter 17.66. 27 Subject to the following requirements: a. ADUs shall be allowed as a permitted use within designated UGAs; b. ADUs shall be subject to obtaining an Administrative Use permit in areas outside UGAs; c. Only one ADU shall be allowed per lot; d. Owner of the property must reside in either the primary residence or the ADU; e. The ADU shall not exceed the square footage of the habitable area of the primary residence; f. All setback requirements for the zone in which the ADU is located shall apply; g. The ADU shall meet the applicable health department standards for potable water and sewage disposal; h. No mobile homes or recreational vehicles shall be allowed as an ADU; i. The ADU shall provide additional off-street parking; j. An ADU is not permitted on the same lot where a special care dwelling or an Accessory Living Quarters exists. 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. h. Park model trailers shall obtain the same building permit as for placement of a manufactured home. i. Park model trailers shall be inspected and approved by Washington State Department of Labor and Industries, 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 Sheriff's 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 36.7©A.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.ZA Historic Trailer Court Zone. 34, When located in the Liberty Historic Overlay Zone, this use is subject to the provisions of KCC Chapter 1Za 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. 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 as defined by KCC 77.08.155A. 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 use when primary use of land is agriculture. 57. Pursuant to KCC 17.61 C.050 and 17.61 C.060. 58. Limited to expansion of existing county owned and/or operated facilities. New facilities are prohibited. (Note: A scriveners error in 0-2018-021 lists this footnote as number 57) 59. The following standards shall apply to the approval and construction of mini warehouses in the Forest and Range zone: a. The site shall either be contiguous to a State Highway or contiguous to a designated urban arterial or rural collector road located near a highway intersection or freeway interchange. It is not necessary for the site to have direct access to such arterial, collector or highway to meet this requirement; b. Findings shall be made that the use does not require urban government services such as municipal sewer or water service and does not compromise the long-term viability of designated resource lands; c, Additional setbacks, physical barriers or site -screening may be required on sites that border resource lands in the Commercial Agriculture or Commercial Forest zoning districts; d. Measures shall betaken to protect ground and surface water; e. A mini -warehouse proposal (application) must include plans for aesthetic improvements and/or sight screening; f. All buildings with storage units facing property boundaries shall have a minimum setback of thirty-five (35) feet; g. No commercial or manufacturing activities will be permitted within any building or storage unit except for RV storage when authorized under KCC 17.15.060.2, Footnote 60: h. Lease documents shall spell out all conditions and restriction of the use; i. Signs, other than on -site direction aids, shall number not more than two (2) and shall not exceed forty (40) square feet each in area. 60. Recreational vehicle/equipment service and repair is permitted by conditional use permit in the Forest and Range zoning district. The site shall either be: a. Contiguous to a State Highway, or b. Contiguous to a designated urban arterial or rural collector road located near a highway intersection or freeway interchange. c. It is not necessary for the site to have direct access to such arterial, collector or highway to meet this requirement_ Vehicles under repair shall either be kept inside buildings or visually screened from surrounding areas. No on -street vehicle parking shall be allowed associated with the use. All vehicles, including recreational vehicles and customer and employee automobiles shall be stored or parked on -site at all times. Maintenance and repair activities shall not take place in RV storage enclosures or spaces, except limited maintenance and minor repairs may be performed on RV's that are already being stored at the site in order to avoid having to move them, when such maintenance and repair activities can be completed in two hours or less and only in the enclosures or spaces in which the RV's are already being kept. This use shall be designed to be compatible with the surrounding rural character, subject to the following standards: d. findings shall be made that the use does not require urban governmental services such as municipal sewer or water service and does not compromise the long-term viability of designated resource lands, e. Additional setbacks, physical barriers or site -screening may be required on sites that border resource lands in the Commercial Agriculture or Commercial Forest zoning districts. f. Measures shall be taken to protect ground and surface water. fit. Nurseries limited to the growth, display, and/or sale of plants, shrubs, trees, and materials used in indoor or outdoor planting. Sale of bulk landscape materials such as rock, bark, mulch and topsoil shall not be permitted in this zone. Pre -packaged landscape materials are excluded from this restriction. 62. Agricultural direct marketing activities shall comply with all of the following standards: a. The subject property shall be actively farmed by the property owner. b. Retail structures shall not total more than three thousand (3,000) square feet. c. The parcel, or adjacent parcel, shall include the residence of the owner or operator of the farm. d. Carnival rides, helicopter rides, inflatable features and other typical amusement park games, facilities and structures are not permitted_ e. The use shall be operated in accordance with all applicable federal, state, and local ordinances. f. New structures or existing structures converted for public use shall meet current building and fire codes. g. Adequate sanitary facilities shall be provided in accordance with Kittitas County Public Health Department requirements. h. Adequate ingress/egress shall be provided to and from the site in accordance with Kittitas County Public Works requirements. i. Sufficient land area is provided to accommodate the proposed use and related parking, and the use and any appurtenant structures shall be so arranged on the land as to minimize any adverse effects on surrounding properties. The use shall not create particular hazards to adjacent properties. 63. Agricultural seasonal harvest festivities shall comply with all of the following standards: a. The site shall conform to the requirements for "agricultural direct marketing activities" except as provide for herein. b. Hours of operation shall occur between 8:00 a.m. and 6:00 p.m. c. Seasonal harvest festivities are prohibited on vacant property, unless the vacant land adjoins property occupied by the owner/operator of the festivities. d. Seasonal harvest festivities shall be limited to Friday, Saturday, Sunday, and Monday, from the second weekend of June through the December 31. e. Inflatable amusement devices, such as moonwalks, slides, or other inflatable games for children, shall be limited to a maximum of five (5) per seasonal harvest festivities event. { rd. 2021-015. 2021; Ord. 2019.013, 2019, Ord. 2018-021, 2018; Ord. 2018-018. 2018; Ord. 201& 001 2018; Ord.2016-023, 2016, Or�Q1 -010 2015; Ord, 2014-0-015, 2014; Ord. 2014-005, 2014, Ord. 2 14-004, 2014, Ord. 20.13:012. 2013; Ord _2013-008 2013; Ord. 2013-001, 2013) 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. 17.15.070.1 Rural LAMIRD Use Table P Permitted PA Permitted Administrative CU Conditional Use ACU Admin. Conditional Use *See KCC Chapter 1708 Definitions Rural LAMIRD49 (Type 1 LAMIRDs) Residential Residential 2 Rural 5 Agriculture 3 1 Gern A. Agriculture Animal boarding* CU Y P P P P Agriculture processing* P2 P/C Agriculture production* CU1 P P5 Agriculture sales,* Farm P7/AC P stand* Agriculture sales CU Feedlot* Grazing* P P P Marijuana Processing* Marjuana Production* Marijuana, retail sales* Nurseries CU CU P P Riding academies CU Small-scale event facility* U-Pick/Cut Operations* Farm Visit* Commercial Activities AC associated with agriculture* Residential ' Residential 2 1 Rural 5 I Agriculture 3 Gen B. Civil and Cultural Cemetery P q P 9 P s P 9 P 9 Clubhouses, and lodges* CU P p 10 Cultural and education CU facilities Libraries CU CU CU Meeting facilities Museums and galleries CU CU CU Religious institutions* CU CU CU Schools, public and CU CU CU CU CU private* interpretive Center* Residential Residential 1 Rural Agriculture 3 1 Gen C. Commercial Auction sales of non - agriculture products Bank PA Bed and breakfast* CU CU CU CU CU Clinic* CU Z2 CU CU Day care facilities* CU CU Funeral home/mortuary CU Hospital* Hospital, animal or CU Veterinary* Hotel/motel CU Office* PA Restaurant PA Retail sales,* general P�LE Retail sales,* lumber and building materials Retail sales,* vehicles Services Shooting range* Tavern p1t P 45 CU P Temporary sales office Vehicle/equipment P 11 service and repair* I I Residential I Residential 2 I Rural 5 I Agriculture 3 I Gen. D. Industrial Airport* I CU Asphalt/Concrete plants Explosives, storage or manufacture Forest product p p processing* (portable) Forest product CU processing* (permanent) Freighting and trucking yard or terminal* Hazardous waste storage* Hazardous waste treatment* Impound/Towing Yard* Junkyard* Manufacturing* Mini -warehouse CU Refuse disposal/recycle* Research laboratories Wastewater treatment Warehousing and distribution Wholesale business Residential Residential 2 Rural 5 Agriculture 3 Gen E. Recreation Campgrounds CU21 CU 21 CU Golf courses CU CU Guest ranch or guest CU CU farm Parks and playgrounds* P P P P P Recreation, indoor* P Recreation, outdoor* CU Recreational vehicle park* Recreational vehicle storage* Stadiums Trails PA PA PA PA PA Residential Residential 2 Rural 5 Agriculture 3 Gen, F. Residential Accessory dwelling unit P 24 P 24 PL4 P z4 P 2E Accessory living quarter P3& PL6 P3& P36 P25 Adult family home Boarding house P42 CU 37 P42 P42 Paz CU 37 Poll Convalescent home CU Dwelling, single-family P P p p P Dwelling, two-family P P p P25 Dwelling, multiple -family CU Farm Labor Shelter CU 26 Group Home Facility* CU Group Care CU Home occupation P/CU 27 P/CU 28 P/CU 28 P/CU2a P/C Manufactured home P P P P P Manufactured home park CUSs CU58 CU58 p Mobile homes P 38 p 6 Special care dwelling P39 P39 P39 P39 Pic Temporary trailers P29 P29 P29 P29 PLC Residential Residential 2 Rural 5 Agriculture 3 Gen. G. Resource Forestry* P p Forest product sales* Mining and excavation* Rock crushing* Residential Residential 2 Rural 5 Agriculture 3 Gen. H. Utilities and Public Facilities Electric vehicle I I P23 P23 I P23 I I2- P23 P infrastructure Public facilities PA 1 PA55 PA55 PASS PA: Solar Power Production 53 59 59 59 59 Facilities Utilities P 33 /ACU 33 /CU 33 I P 33 /ACU 33 /CU 33 P 33 /ACU 33 /CU 33 P 33 /ACU 33 /CU 33 Pal Watershed management PA PA PA PA PA activities 17.15.070.2 Footnotes Associated with Rural LAMIRD Use Table. 1. Limited to the keeping of horses or cattle for personal enjoyment of the owner or occupant of the lot, provided that the lot contains one (1) acre or more. 2, Limited to products produced on the premises. 3. Hay processing and small-scale processing of agricultural products produced on the premises are permitted outright. 4. Slaughterhouses require a conditional use permit. 5. Provided the lot contains one (1) acre or more. Agriculture production on smaller lots requires a conditional use permit. Raising of swine and mink prohibited. 6. As of September 1,1998, mobile homes are no longer allowed to be transported and placed within Kittitas County. Those units presently located in Kittitas County that are to be relocated within Kittitas County must have a fire/life inspection approved by the Washington State Department of Labor and Industries. Single family and mobile homes located in Twin Pines Trailer Park, Central Mobile Home Park or Swiftwater shall be subject to the provisions of KCC Chapter 17.24, Historic Trailer Court Zone. 7. When located no more than forty-five (45) feet from the centerline of the public street or highway and selling goods produced on site. B. 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 within established cemetery boundaries as of the date of amendment adoption, and 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; f. Drop forge industries; g. Reduction or disposal of garbage, offal or similar refuse; h. Oil refining; alternative energy refinery (i.e. biofuels, ethanol) i. Rubber reclaiming; j. Feed yards, livestock sales yards or slaughterhouses; k. Smelting, reduction or refining of metallic ores; I. Tanneries; m. Wineries; n. Manufacturing of industrial or household adhesives, glues, cements, or component parts thereof, from vegetable, animal or synthetic plastic materials; o. Waste (refuse) recycling and processing; p. 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: q. 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; r. Recognize and compensate for variations and degree of technological processes and equipment as related to the factors of noise, smoke, fumes, vibration, odors, and hazards. Unless substantial proof is offered showing that such process and/or equipment has reduced the above factors so as to be negligible, use is located not less than one thousand (1,000) feet from any church, school, park, playground or occupied dwelling on the same lot or parcel as such use. 21. In considering proposals for location of campgrounds, the Board shall consider at a minimum the following criteria: a. Campgrounds should be located at sufficient distance from existing rural residential/residential development so as to avoid possible conflicts and disturbances; b. Traffic volumes generated by such a development should not create a nuisance or impose on the privacy of nearby residences or interfere with normal traffic flow; c. Landscaping or appropriate screening should be required and maintained where necessary for buffering; d. Adequate and convenient vehicular access, circulation and parking should be provided; e. Public health and safety of campers and those reasonably impacted by the campground (i.e. health, water, sanitation). 22. The following standards shall apply to the approval and construction of mini - warehouses: a. A mini -warehouse proposal (application) must include plans for aesthetic improvements and/or sight screening; b. All buildings with storage units facing property boundaries shall have a minimum setback of thirty-five (35) feet; c. No commercial or manufacturing activities will be permitted within any building or storage unit, d. Lease documents shall spell out all 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 1ZM Electric Vehicle Infrastructure. 24. Subject to the following requirements: a. Only one (1) ADU shall be allowed per lot; b. Owner of the property must reside in either the primary residence or the 25. 26. ADU; c. The ADU shall not exceed the square footage of the habitable area of primary residence; d. The ADU shall be designed to maintain the appearance of the primary residence; e. All setback requirements for the zone in which the ADU is located shall apply; f. The ADU shall meet the applicable health department standards for potable water and sewage disposal; g. No mobile homes or recreational vehicles shall be allowed as an ADU; h. The ADU shall provide additional off-street parking; i. An ADU is not permitted on the same lot where a special care dwelling or an Accessory Living Quarters exists. j. An ADU must have adequate acreage to meet maximum density within the zone classification. 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. Provided that: a. The shelters are used to house farm laborers on a temporary or seasonal basis only, regardless of change of ownership, if it remains in farm labor - needed status; b. The shelters must conform with all applicable building and health regulations; c. The number of shelters shall not exceed four (4) per twenty (20) contiguous acres of land area; d. The shelters are owned and maintained by the owner or operator of an agricultural operation which clearly demonstrates the need for farm laborers; e. Should the parent agriculture operation cease or convert to non -agriculture use, then the farm labor shelters shall conform with all applicable building, zoning, and platting requirements or be removed 27. Home occupations with no outdoor activities or noise are permitted; home occupations with outdoor activities or noise are a conditional use. Offices of a physician, dentist or other professional person when located in his or her dwelling as well as home occupations engaged in by individuals within their dwellings are allowed provided that no window display is made or any sign shown other than one (1) not exceeding two (2) square feet in area and bearing only the name and occupation of the occupant. 28. Home occupations with no outdoor activities or noise are permitted; home occupations with outdoor activities or noise are a conditional use. In Type 3 LAMIRDs, home occupations are allowed only in existing residences. 29. When used for temporary occupancy for a period not -to -exceed one (1) year related to permanent home construction or seasonal/temporary employment. 30. Noncommercial sand and gravel excavation is permitted for on -site use without a conditional use permit. 31. Permitted when located within an established mining district; requires conditional use permit outside an established mining district. 32. Public transportation deadhead stations permitted; passenger terminals are a Conditional Use. 33. Utilities are defined and regulated by KCC Chapter 17.61, Utilities. 34. Utilities are defined and regulated by KCC Chapter 17.61. Utilities. Not permitted in the Agriculture Study Overlay Zone. 35. Where the use is only serving a residential PUD and where ail 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 (SO%) 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 laving Quarters are to provide additional off-street parking; f. Accessory Living Quarters are not allowed where an Accessory Dwelling Unit or Special Care Dwelling exists; and g. In Type 3 LAMiRDS, Accessory Living Quarters may only be allowed in an existing residence. 37. Maximum of four (4) boarders and two (2) bedrooms dedicated to the use. 38. As of September 1, 1998, mobile homes are no longer allowed to be transported and placed within Kittitas County. Those units presently located in Kittitas County that are to be relocated within Kittitas County must have a fire/life inspection approved by the Washington State Department of Labor and Industries. 39. Subject to the following requirements: a. The Special Care Dwelling must meet all setback requirements for the zone in which it is located; b. The Special Care Dwelling must meet all applicable health department requirements for potable water and sewage disposal; c. Placement is subject to obtaining a building permit for the manufactured home; d. Owner must record a notice to title prior to the issuance of building permit which indicates the restrictions and removal requirements; e. The Special Care Dwelling unit cannot be used as a rental unit; f. The Special Care Dwelling unit must be removed when the need for care ceases; g. A Special Care Dwelling is not permitted on the same lot where an Accessory Dwelling Unit or Accessory Living Quarter exists. h. Park model trailers shall obtain the same building permit as for placement of a manufactured home. 1. Park model trailers shall be inspected and approved by Washington State Department of Labor and Industries. 40. Structures and facilities associated with the operation of shooting ranges are permitted and subject to all associated Kittitas County building codes and regulations. Shooting ranges may be operated in conjunction with other permitted or conditional uses for the specified zone. Shooting Ranges are subject to periodic inspection and certification as deemed necessary by the Kittitas County Sheriff's Department. Shooting ranges in Type 1 LAMIRDS must be indoors. In considering proposals for the location of shooting ranges a detailed site plan shall be required; the Hearings Examiner's review of said site plan and the proposal as a whole shall include, but not be limited, to the following criteria: a. The general health, safety, and welfare of surrounding property owners, their livestock, their agricultural products, and their property. b. Adherence to the practices and recommendations of the "NRA Range Sourcebook." c. Adherence to the practices and recommendations of the "EPA Best Management Practices for Lead at Outdoor Shooting Ranges." d. Proposed shooting ranges in areas designated as agricultural land of long- term commercial significance shall comply with RCW 36.70A 177 f3?f3) as currently existing or hereafter amended, and shall be limited to lands with poor soils or those unsuitable for agriculture. 41. Outdoor recreation activities that cause noise require a conditional use permit. 42. Subject to provisions of RCW 70.128.140. 43. Use shall not exceed 10,000 square feet and no more than eight (8) events shall occur within a calendar year. 44. Existing facilities are permitted; new facilities require a conditional use permit. Limited to agricultural products. 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 36.07A.070(5)(d)(i).* 50. All allowed uses identified on this use table are subject to compliance with WAC 365- 196-425.6.c.iii RCW 36.70A.070(5)(d)(iii).* 51. Allowed only in existing residences.* 52. Any new Type 3 LAMIRD is required to be at least one-half mile from another Type 3 LAMIRD, and will permit only one business and/or businesses associated with the primary business in the new LAMIRD Type 3. Type 3 LAMIRDs existing as of 2014 are not limited to one business.* 53. Permitted only within existing Type 3 LAM IRDs * 54. Wholesale activity will not exceed 4000 square feet in space.* 55. Pursuant to KCC Chapter 1 .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 as defined by KCC 17.08.155A, 58. 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. 59. Pursuant to KCC 17.61 C 050 and 17.61 C.060. 60. Applies only to Snoqualmie Pass LAMIRD. (Ord. _2021-015, 2021; Ord. 2018, 021, 2018; Ord, 2018-018, 2018; Od201�8-001-001, 2018. Ord. 2015- 010, 2015; Orc1, 2014-015, 2014; Qrd, 2014-00 2014; Ord. 2014-OQ6,2014; Qrd. 2013-012. 2013; Qrd..2013-00B, 2013; Ord, 2013-001. 2013) 17.15.080 Allowed Uses in Urban Lands LSLee KQC 17,11.037 4 a 17.11.037(4)(b)..and .11.03 4 c for allow d uses within the Ellensburg UGA which a caned Residential R Urban Resident UlIUR). 111ghway Commercial C: Limited Commercial C- Li ht Industrial fl-Q. General Industrial it-Gll. and PUD iBender . eecer and the Verge]. P Permitted Urban PA Permitted Administrative Residential Urban Residential Historic Agriculture 3 Rural 3 CU Conditional Use Trailer ACU Admin. Conditional Court Use *See KCC Chapter 17.08 Definitions. Within the Ellensbura UGA see chgater 77.77. S for -definitions A. Agriculture Animal boarding* Cull CU Agricultural Enhanced Uses* Agriculture processing* P2 Agriculture production* CU i CU 5 P 5 P Agriculture sales,* Produce Farm stand PZ / ACa Agriculture sales CU CU Dairy Feedlot* Grazing* p CUB P P Marijuana Processing* Marijuana Production* Marijuana, retail sales* Nurseries I CU CU p p Riding Academies Cu CU Small-scale event facility* AC421CU ACVCU U-Cut/U-Pick operation* P / AC-5 Farm Visit* CU Cu Commercial Activities AC AC associated with agriculture* Residential Urban Residential Historic Agriculture 3 Trailer Court Rural 3 B. Civic and Cultural Cemetery P9 P9 P9 P9 Pg Clubhouses, fraternities and lodges* AC AC P p Cultural and educational facilities CU Libraries CU Meeting facilities Museums and galleries CU Cu CU Religious institutions* Cu CU CU Schools, public or private* Cu Cu Interpretive Center* Residential C. Commercial Urban Residential Historic I Agriculture 3 Trailer Court Rural 3 Auction sales of non- CU agriculture products Bank Bed and breakfast* AC I Clinic* I CU 12 1 1 1 1 Day care facilities* CU Funeral home/mortuary Hospital* CU CU Hospital, animal or veterinary* Hotel/motel Office* Restaurant Retail sales,* general Retail sales,* lumber and building materials Retail sales,* vehicles Services Shooting range* Tavern Temporary sales office Vehicle/ equipment service and repair* I Residential j Urban Residential Historic Agriculture 3 Rural 3 III I Trailer Court D. Industrial Airport* CU Asphalt/Concrete plants Explosives, storage or manufacture Forest product P P processing* (portable) Forest product Cu processing* (permanent) Freighting and trucking yard or terminal* Hazardous waste storage* Hazardous waste treatment* Impound/Towing Yard* Junkyard* Manufacturing* Mini -Warehouse CU 22 Refuse disposal/recycle* Research laboratories Wastewater treatment Warehousing and PA43 PA43 PA43 PA43 PA43 distribution Wholesale business Residential Urban Residential Histonc Agriculture 3 Rural 3 Trailer Court E. Recreation Campground* CU zi Cu 2I Golf course* Cu Cu Guest ranch or guest AC AC farm* Parks and playgrounds* P P P p Recreation, indoor* Cu Cu Recreation, outdoor* AC AC Recreational vehicle park* Recreational vehicle storage Stadiums Trails PA PA PA PA PA Residential Urban Residential Historic Agriculture 3 Rural 3 Trailer Court F. Residential Accessory dwelling unit* P za P?A P 24 P 24 Accessory living P36 P36 P36 P36 quarters* ` Adult family home* P4-1 PLI Poi P41 Poi Boarding house CUL7, CU37 Convalescent home Dwelling, single-family* P I P I Poo P P Dwelling, two-family* P P P Dwelling, multiple- AC family* Farm labor shelter* CUz6 Group home* CU Group Care Facility* Home occupation* P/CU27 P/CU28 P/CUz8 P/CUzs Manufactured home* P P p P P Manufactured home park CU50 CUO CU50 CUso Mobile home P 38 PgQ P 38 Special care dwelling* P 17 P 17 P 17 P 17 Temporary trailer P 29 P 29 P29 P22 P 29 Residential Urban Residential Historic Trailer Court Agriculture 3 Rural 3 G. Resource Forestry* P P Forest product sales* Mining and excavation* CU 30 Cu 31 Rock crushing" CU 31 Residential Urban Residential Historic Agriculture 3 Rural 3 Trailer Court H. Utilities and Public Facilities Electric vehicle P 1g P 10 P 10 P 10 P IQ infrastructure* Public facilities* PA47 PA47 PA47 PA47 PA47 Solar Power Production 51 ? 5-1 U. 51 Facilities Utilities P31/ACU33/CU33 P33/ACUL3/CU33 P33/ACU33/CU33 P3i/ACU33/CL Watershed management PA I PA PA PA activities* f 17.15.080.2 Footnotes Associated with Urban Use Table. 1. Limited to the keeping of horses or cattle for personal enjoyment of the owner or occupant of the lot, provided that the lot contains one (1) acre or more. 2. Limited to products produced on the premises. 3. Hay processing and small-scale processing of agricultural products produced on the premises are permitted outright. 4. Feed yards, livestock sales yards, and slaughterhouses require a conditional use permit. 5. Provided the lot contains one (1) acre or more. Agriculture production on smaller lots requires a conditional use permit except for the raising of swine specific to youth educational projects. Raising of mink is prohibited. a. Fencing and housing adequate to fully contain swine shall be provided when permitted. 6. Structures and facilities associated with the operation of shooting ranges are permitted and subject to all associated Kittitas County building codes and regulations. Shooting Ranges may be operated in conjunction with other permitted or conditional uses for the specified zone. Shooting Ranges are subject to periodic inspection and certification as deemed necessary by the Kittitas County Sheriff's Department. In considering proposals for the location of Shooting Ranges a detailed site plan shall be required; the Board review of said site plan and the proposal as a whole shall include, but not be limited to the following criteria: a. The general health, safety, and welfare of surrounding property owners, their livestock, their agricultural products, and their property. b. Adherence to the practices and recommendations of the "NRA Range Sourcebook." c. Adherence to the practices and recommendations of the "EPA Best Management Practices for lead at Outdoor Shooting Ranges." d. Proposed shooting ranges in areas designated as agricultural land of long term commercial significance shall comply with RCW 36.70A.177L31 as currently existing or hereafter amended, and shall be limited to lands with poor soils or those unsuitable for agriculture. 7. When located not less than forty-five (45) feet from the centerline of the public street or highway and selling goods produced on site. 8. Feedlots existing at the time of adoption of the ordinance codified herein may expand or be enlarged only in compliance with standards and regulations contained herein, and such operations shall comply with all state and/or county health regulations. 9. No new cemeteries. Existing cemeteries may expand or enlarge within established cemetery boundaries as of the date of amendment adoption, and 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. 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, h. Park model trailers shall obtain the same building permit as for placement of a manufactured home. i. Park model trailers shall be inspected and approved by Washington State Department of Labor and Industries. 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 junkyards; d. Blast furnaces or coke ovens; e. Cement, lime, gypsum or plaster of Paris manufacture; f_ Drop forge industries; g. Reduction or disposal of garbage, offal or similar refuse; h. Oil refining; alternative energy refinery (i.e. biofuels, ethanol) i. Rubber reclaiming; j. Feed yards, livestock sales yards or slaughterhouses; k. Smelting, reduction or refining of metallic ores; I. Tanneries; m. Wineries; n. Manufacturing of industrial or household adhesives, glues, cements, or component parts thereof, from vegetable, animal or synthetic plastic materials; o. Waste (refuse) recycling and processing; p. 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: cl. 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; r. 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 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 (i.e. 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. i. No mobile homes or recreational vehicles shall be allowed as an ADU. j. The ADU shall provide additional off-street parking. k. An ADU is not permitted on the same lot where a special care dwelling or an Accessory Living Quarters exists. 1. An ADU must have adequate acreage to meet maximum density within the zone classification. 25. No new residence shall be permitted except that related to the business or enterprises allowed in this zone such as janitor or night watchman. Any such residence shall meet the requirements of the residential zone. 26. Provided that: a. The shelters are used to house farm laborers on a temporary or seasonal basis only, regardless of change of ownership, if it remains in farm labor - needed status; b. The shelters must conform with all applicable building and health regulations; c. The number of shelters shall not exceed four (4) per twenty (20) contiguous acres of land area; d. The shelters are owned and maintained by the owner or operator of an agricultural operation which clearly demonstrates the need for farm laborers; e. Should the parent agriculture operation cease or convert to non -agriculture use, then the farm labor shelters shall conform with all applicable building, zoning, and platting requirements or be removed 27. Home occupations with no outdoor activities or noise are permitted; home occupations with outdoor activities or noise are a conditional use. Offices of a physician, dentist or other professional person when located in his or her dwelling as well as home occupations engaged in by individuals within their dwellings are allowed provided that no window display is made or any sign shown other than one (1) not exceeding two (2) square feet in area and bearing only the name and occupation of the occupant 28. Home occupations with no outdoor activities or noise are permitted; home occupations with outdoor activities or noise are a conditional use. 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 17.6E 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 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. 37. Maximum of four (4) boarders and two (2) bedrooms dedicated to the use. 38. As of September 1, 1998, mobile homes are no longer allowed to be transported and placed within Kittitas County. Those units presently located in Kittitas County that are to be relocated within Kittitas County must have a fire/life inspection approved by the Washington State Department of Labor and Industries. 39. 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 RCW 70.128.140. 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. 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 Chanter 17.62, Public Facilities Permits. 48. Limited to primitive campgrounds as defined by KCC 17.08.155A, 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. 51. Pursuant to KCC 17.61C.050 and 17.61C.060, O d 021-015, 2021; Ord. 2019-0,], 2019; Ord. 2016-018, 2018; Ord 2018-001 2018; Ord. 2Q16- 023. 2016, Qrd. 2015-010, 2015; Ord. 20155-002 2015; ad 2014-015, 2014; Qrd. 2014-005, 2014, Ord, 2014-004, 2014; Ord. 2013,-012. 2013; Ord. 2013-008, 2013; Ord. 2013-001, 2013) Chapter 17.16 R - RESIDENTIAL ZONE* Sections 17.16.010 Purpose and intent. 7,16.Q1 5 Dey-elopment-within Jhg Ellensburg r 17.16.020 Allowed uses. 17.16.030 Minimum lot requirements. 17.16.040 Maximum lot coverage. 17,6.050 Maximum structure height. 17.16.060 Yard requirements - Front. 17.16.070 Yard requirements - Side. 71_ 16.080 Yard requirements - Rear. 17.16.085 Yard requirements - Zones Adjacent to Commercial Forest Zone. 17.16.090 Half streets. 1_ 716.100 Sale or conveyance of lot portion. 1 17. 6.110 Off-street parking. 17.16.120 Repealed. 17.16.121 Repealed. * Prior history: Ords. 76-3, 69-7, 2. 17.16.010 Purpose and intent The purpose and intent of the Residential zone is to provide for and protect areas for homesite development designed to meet contemporary building and living standards where public water and sewer systems are provided, (Ord. 2013„001, 2013; Ord. 83Z-2 (part), 1983) 17.16.015 Development within the Ellensburg Urban. Growth Area (UG For l2Eo-Rerties located within the City of Ellensburg UGA, the uses and cleyllopment standards in KCC 17.11.030 through 17.11.039 shall be ilized. Where KCC 17.11.030 th ou h 17.11.039 does not "dentevelo e t use d n ards t utilized for development within the Ell nsbur G Us_chapter shall apply. 17.16.020 Allowed uses. Uses allowed in the Residential zone include those uses pursuant to KCC Chapter 17.15. (Ord. 2013- 001 2013; Ord. 2011-01 2011; Ord. 0-2006-01, 2006, Ord. 96-19 (part),1996, Ord. 83-Z-2 (part), 1983: Res. 83-10, 1983) 17.16.030 Minimum lot requirements. 1. Minimum lot sizes in the R zone are as follows: a. Single family dwelling, seven thousand two hundred (7,200) square feet; b. Two (2) family dwelling, ten thousand (1Q000) square feet. 2. The minimum lot depth shall be one hundred (100) feet. 3. The minimum average lot width shall be sixty-five (65) feet. 4. In no case shall there be more than one (1) main dwelling and its accessory buildings constructed on one (1) lot unless such lot is greater than twice the minimum required for a single-family dwelling. 5. No main dwelling shall be built or moved on to a lot not abutting a public street, with the exception of special cases where the county may approve other suitable access. (Ord 2013-001 2013; Ord. 83-Z-2 (part), 1983; Res. 83-1Q 1983) 17.16.040 Maximum lot coverage. The ground area covered by all buildings, including accessory buildings, shall not exceed thirty percent (30%) of the lot area. All lots located within an Urban Growth Area, refer to KCC 17,11.060. (Ord. 2018-014. 2018; Ord, 2013-00ly 2013; Res. 83-1Q 1983) 17.16.050 Maximum structure height. No structure shall exceed two and one-half (2 1/2) stories, or thirty-five (35) feet, whichever is less in height. (Ord. 2013-001. 2013; Res. 83-10, 1983) 17.16.060 Yard requirements - Front. a. There shall be a front yard having a minimum depth of fifteen (15) feet, unless a previous building line less than this has been established, in which case the minimum front yard for interior lots shall be the average of the setbacks of the main structures on the abutting lots on either side if both lots are occupied. If one (1) lot is occupied and the other vacant, the setback shall be the setback of the occupied lot plus one-half (1/2) the remaining distance to the required fifteen (15) foot setback. If neither of the abutting side lots or tracts are occupied by a structure, the setback shall be fifteen (15) feet. b. The front yard setback depth shall be twenty-five (25) feet for parcels within the Snoqualmie Pass IAMIRD. (Ord. 2013-001, 2013; Res. 83-1Q 1983) 17.16.070 Yard requirements - Side. There shall be a side yard of not less than five (5) feet in width on each side of a building. (Side of building means outer face, any part of building nearest to the side line, not including roof eaves.) Side yard setbacks may be modified in accordance with KCC 16.10,065. (Ord..2022-005, 2022; Ord. 2019-013, 2019, 0rd, 2013-001. 2013; Res. 83-10, 1983) 17.16.080 Yard requirements - Rear. a. There shall be a rear yard with a minimum depth of twenty-five (25) feet to the main building. b. The rear yard setback depth shall be fifteen (15) feet to the main building for parcels within the Snoqualmie Pass LAMIRD. c. Rear yard setbacks may be modified in accordance with KCC 16,10.065. (Ord. 2022-005. 2022; Ord. 2019-013, 2019; Ord. 2013-001, 2013; Res. 83-10, 1983) 17.16.085 Yard requirements - Zones Adjacent to Commercial Forest Zone Properties bordering or adjacent to the Commercial Forest zone are subject to a two hundred (200)- foot setback from the Commercial Forest Zone. (KCC 17.57.050(1)). For properties where such setback isn't feasible, development shall comply with KCC 17.57 050(21. 0�2013-001,, 2013; Ord. 2007-22, 2007) 17.16.090 Half streets. In an area adjacent to a half street and opposite or outside the plat including the dedication of said half street, structures shall be set back from said half streets a distance sufficient to provide for an additional half street and the yard requirement. (Res. 8310, 1983) 17.16.100 We or conveyance of lot portion. No sale or conveyance of any portion of a lot, for other than a public purpose, shall leave a structure or the remainder of a lot with less than the minimum lot, yard or setback requirement of this zone. Ord. 2013-001 2013; Res. 83-10, 1983) 17.16.110 Off-street parking. One automobile parking space shall be provided for each dwelling unit and shall be located to the rear of the building setback line. (Res. 83-IQ 1983) 17.16.120 Repealed. (Qrd. 2013-001, 2013; Ord. 2007-22, 2007, Ord. 0-2006-01, 2006, Res. 8310,1983) 17.16.121 Repealed. (Ord. 2013-001, 2013; Ord. 2007-22, 2007) Chapter 17.22 UR - URBAN RESIDENTIAL ZONE* Sections 17,22.010 Purpose and intent. 17 i 5 i e FfIen ura U-rfign Growth Area G .17.22.02o Allowed uses. 17 22_03,0 Lot - Size required. 17.22.040 Maximum lot coverage. 17.22,Q50 Maximum height permitted. 17.22.060 Yard requirements, 17,22.065 Yard requirements- Zones Adjacent to Commercial Forest Zone. 1_722.090 Grazing. 17.22.100 Repealed. 17,22.119 Repealed. 1 .22.120 Repealed. * Prior history: Ord. Z77-2, 17.22.010 Purpose and intent. The purpose and intent of the Urban Residential zone is to provide for and protect areas for home - site development and/or urban levels of development in where municipal services can be provided or is already available. (Ord. 2007-22, 2007, Ord. 83-Z-2 (part), 1983) 17.22.015 Development w' i en Urban Gra Area UGA For properti es locate within the Cilyof Ellensburg QGA.h se development standards in KC 11 30 thm gh 1711.03 shall be utifzed. Where KCC 17.11.030 throug 17.11.039 dn_ es not identify uses and development standards to be utiii�ed for development within the ,Ilens rr UGA. thiS chapter shall a iv. This 12rovisjon shall not apRly to the AirpoA Overlay s nQJ rcguesting Glyf 6ensburg water and sewer.Lailily.extensions. 17.22.020 Allowed uses. Uses allowed in the urban Residential zone include those uses pursuant to KCC Chapter 17.15. (O d 201^ 3-001 2013; Ord. 2011-013 , 2011; Ord. 0-2006-01, 2006;Ord. 96-19 (part), 1996; Res. 83-10, 1983) 17.22.030 Lot - Size required. 1. This provision shall not apply to the Airport Overlay. 2. Minimum lot sizes in the UR zone are as follows: ,f a. Two (2) family dwelling,en thousand (10f t 000) square feet. 3. All lots of record at the time of passage of the ordinance codified in this chapter shall be considered as conforming to lot size requirements. Ord. 2019-013 2019, Ord. 2013-001 2013; Ord. 2007-22, 2007, Res. 83-10, 1983) 17.22.040 Maximum lot coverage. Refer to KCC 171_. 1.060. QW. 201,8-014, 2018; Ord. 2013-001, 2013; Res. 83-10,1983) 17.22.050 Maximum height permitted. No structure shall exceed two and one-half (21/z) stories or thirty-five (35) feet, whichever is less in height. (Ord. 2013-001.2013; Ices. 83-10, 1983) 17.22.060 Yard requirements. No structure shall be built or located closer than twenty-five (25) feet to the front and rear property line or within fifteen (15) feet of any side property line. Side and rear yard setbacks may be modified in accordance with KCC 16.10,065. (Ord. 2022-005 2022; Ord.. 2013-001. 2013, Res. 83-10, 1983) 17.22.065 Yard requirements at Zones Adjacent to Commercial Forest Zone. Properties bordering or adjacent to the Commercial Forest zone are subject to a two hundred (200)- foot setback from the Commercial Forest Zone. (KCC 17.57.050(1)). For properties where such setback isn't feasible, development shall comply with KCC 17 57.050(2) Md. 01 - 01 2013; Ord. 2010-014, 2010, Ord. 2007-22, 2007) 17.22.090 Repealed. (Ord. 2013-001.2013; Ord. 88-4 § 2 (part), 1988; Res. 83-10, 1983) 17.22.100 Repealed. (Ord. 2Q13-001, 2013; Ord. 2010-014, 2010, Ord. 0-2009-25, 2009; Ord. 2007-22, 2007; Ord. 0-2006- 01, 2006; Ord. 90-10 (part), 1990; Ord. 83-Z-2 (part), 1983, Res. 83-10, 1983) 17.22.110 Repealed. (Ord. 2007-22, 2007; Ord. 88-4 § 2 (part), 1988) 17.22.120 Repealed. (Ord. 2013-001 , 2013; Ord. 2007-22, 2007) Chapter 17.24 H-T-C - HISTORIC TRAILER COURT ZONES* Sections 7.24 10 Purpose and intent. 17.24.015 Dgygloment witbin the Ell ensburg Urban Gmwth Area A 17 2_�4.020A Existing Uses. 17.24.020B Repealed. 17.24.030 Minimum requirements. 17.24.040 Yard requirements. 17.24.045 Yard requirements- Zones Adjacent to Commercial Forest Zone. 17.24.05.0 Design standards. 17.24.060 Plot plan required." 17_ 24;070 Off-street parking. * Prior history: Ords. 68-18, 2. ** Publisher's note: Ordinance 2007-22 removed 17.24,060. 17.24.010 Purpose and intent. The purpose and intent of the trailer court zone is to recognize established mobile home developments located in Kittitas County. No further expansion of these developments is allowed. (Ord. 2007-22, 2007; Ord. 83-Z-2 (part),1983) 7.24.015 DeyellppmgM within the Elie sbu Urban G f2LpLqWrties locatednijbin the Cb of Ellensbu[g UGA the usgs and development s an rds in KCC 17,11.M.throunh 17 .039 shaft -be ut' 'z e 1Z.1 1,030 hr u h 1 11039 does no Wen i u and develo men s a lard be utilized ev ent within the Ellensburg UG this Ella r_Shall apply. 17.24.020A Existing Uses. The following trailer court zone developments exist in Kittitas County: Millpond Manor. (Ord. 2013- 2013; Ord. 2007-22, 2007, lies. 83-10,1983) 17.24.020B Repealed. (Ord. 2013-001. 2013, Ord. 2007-22, 2007) 17.24.030 Minimum requirements. The minimum lot area and yard requirements in a HTC zone are as follows: 1. Mobile Homes. The minimum area fora historic trailer (mobile home) court site shall be three thousand five hundred (3,500) square feet times the number of individual trailer sites to be provided. Densities must have the approval of the county health office. 2. Single Family Home. The requirements are the same as the requirements of the Rural-5 zone. 3. Electric Vehicle Infrastructure. See KCC Chapter 17. (Ord. 2013-001 2013; Ord. 2011- 013, 2011; Ord. 2007-22, 2007, Res. 83-1Q 1983) 17.24.040 Yard requirements. No individual mobile home or single family dwelling shall be closer than thirty-five (35) feet to any lot or street right-of-way or closer than fifteen (15) feet from any other mobile home. (Ord. 2013- , 2013; Res. 83-10, 1983) 17.24.04S Yard requirements - Zones Adjacent to Commercial Forest Zone. Properties bordering or adjacent to the Commercial Forest zone are subject to a two hundred (200)- foot setback from the Commercial Forest Zone. (KCC 17V7 050(1)). For properties where such setback isn't feasible, development shall comply with KCC 17_ 57,050(2). (Ord. 2013-001, 2013; Ord. 2007-22, 2007) 17.24.050 Design standards. 1. All access roadways, parking areas and service drives shall be bituminous surfaced or better. 2. No occupied mobile home shall remain in a mobile home park unless a mobile home space is available. 3. All streets and alleys within the mobile home subdivision should be excavated or filled within 0.3 (plus or minus) of a foot of the grade established by the county engineer. (Res. 83-1 Q 1983) 17.24.060 Repealed. Repealed by Ordinance 2007-22, 2007. 17.24.070 Off-street parking. 1. For each mobile home lot there shall be provided and maintained at least one (1) parking space. Each such parking space shall contain a minimum area of one hundred eighty (180) square feet (of dimensions nine (9) feet by twenty (20) feet, or ten (10) feet by nineteen (19) feet) and shall be hard surfaced. If central parking lots are provided, they shall be hard surfaced and each space separated by striping or other adequate means and identified to the official lot number of the occupant and reserved for his sole use. 2. Parallel parking may be permitted in driveways at the approval of the planning commission providing the improved driveway width is increased to a minimum of thirty- six (36) feet. 3. Where lots exist on only one (1) side of the driveway, parallel parking may be permitted on one (1) side at the approval of the Commission providing the driveway width is increased to a minimum of twenty-eight (28) feet. (Ord. 2013-001, 2013; Res. 83-10, 1983) Chapter 17.32 C-L - LIMITED COMMERCIAL ZONE* Sections 17.32.010 Purpose and intent. 17.24_915 Development within the Ellensburg Urban Growth Area1UGA) 17.32.020 Allowed uses. 17_. 32.030 Lot size required. 17.32.040 Yard requirements - Front. 17.32.050 Yard requirements - Side. 17.32.060 Yard requirements - Rear. 17.32.065 Yard requirements- Zones Adjacent to Commercial Forest Zone. 17.32.070 Maximum structure height. 1.7.32.090 Access requirement. 17 32,1 1Q Setback for vehicle service businesses. * Prior history; Ords. 76-3, 69-3, 2. 17.32.010 Purpose and intent. The purpose and intent of the limited commercial zone is to provide a district with a limited range of shopping and service businesses consisting primarily of small retail shops, stores and eating establishments. (Ord. 83-Z-2 (part),1983) 17.32.015 Development within the EllensburgUrban Growth Area UG For proper#ies located within the City of Ellgn�i g UGA the uses and develo$ment stai)dards in KC—C 171 03 h 1 1 til` a Where KCC 17,11.030 through 1711 M9 does not idenlify uses and development standardsto be Utilizedr develo en within the Ellensburg UG this chapter shall 17.32.020 Allowed uses. Uses allowed in the limited commercial zone include those uses pursuant to KCC Chapter 17.15. O d. 201 - 01 2013; Ord. 2011 913, 2011; Ord. 2007-22, 2007; Ord. 96-19 (part),1996, Ord. 83-Z-2 (part), 1983; Res. 83-10, 1983) 17.32.030 Lot size required. The minimum lot size for all dwelling units shall meet the requirements of the residential zone. No sale or conveyance of any portion of a lot, for other than a public purpose, shall leave a structure on the remainder of the lot with less than the minimum lot, yard or setback requirements of this zone. (Ord. 2013-001, 2013; Res. 83-10, 1983) 17.32.040 Yard requirements - Front. There shall be a front yard having a minimum depth of twenty (20) feet, unless a previous building line less than this has been established, in which case the minimum front yard for interior lots shall be the average of the setbacks of the main structures on abutting lots on either side if both lots are occupied; if one lot is occupied and the other vacant, the setback shall be the setback of the occupied lot, plus one-half 0/2) the remaining distance to the required twenty-(20)-foot setback. If neither of the abutting side lots or tracts are occupied by a structure, the setback shall be twenty (20) feet long. Ora, 2913-001. 2013, Res. 83-10, 1983) 17.32.050 Yard requirements - Side. There are no side yard requirements, except property abutting a residential zone, in which case the side yard on the abutting side shall be the same as that required for the abutting property. Side yards for dwelling units shall meet the requirements of the residential zone. (02021-015, 2021; Ord. 2013-001.2013;Res. 83-10,1983) 17.32.060 Yard requirements - Rear. There are no rearyard requirements. However, if a rear yard is provided, the minimum depth shall be twelve (12) feet. Ord. 2013-001, 2013; Res. 83-10, 1983) 17.32.065 Yard requirements - Zones Adjacent to Commercial Forest Zone Properties bordering or adjacent to the Commercial Forest zone are subject to a two hundred (200)- foot setback from the Commercial Forest Zone. (KCC 17.57.050(1)). For properties where such setback isn't feasible, development shall comply with KCC 17.-7.050(2). (Ord. 2013-001, 2013; Ord. 2007-22, 2007) 17.32.070 Maximum structure height. The maximum height of any structure shall be two and one-half (21/2) stories or thirty-five (35) feet, whichever is less. (Ord. 2013-001, 2013; Res. 83-1Q 1983) 17.32.090 Access requirement All lots in this zone shall abut a public street, or shall have such other access as deemed suitable by the Board. (Ord,_2013-00i, 2013; Ord. 83-Z-2 (part), 1983: Res. 8310, 1983) 17.32.110 Setback for vehicle service businesses. Setback regulations for drive-in businesses, or minimum site standards for vehicle service businesses shall conform to the diagram on the following page. (Res. 83-10, 1983) o a 1 I 1! BUILDING AREA G+fb or Giber GDOmw+d 00r4a a NOTE+ Ifrcludes all drire.rtl bg5AA@jfes St"iCf G9■aP0e5 ailoved as SRo�n 90ARD OF COURTY co►huSSiome.1i8 MITTIT•AS COUNTY 36( Y ANAul N Pj N W■ aY M �ANOPYjW FULL p YP till& MULTIPLES 20 ONroe of Gerfity Rood Eno -ooe r - KITTITAS COUNTY COONTY ROAD PLAN NO, t STANDARD PLAN VEHICLE SERVICE BUSINESS Df o.p b1 , ffff — Date _r ==U vLr ■ LYM■i0 APPROVE4r.%.ip1y..��J nw A.I.ww Chapter 17.36 PLANNED UNIT DEVELOPMENT ZONE* Sections 17.36.010 Purpose and intent. 17.36.015 Applicability. 17.3 .016 QeveloRrnenj wLtW[nthe Ellgosbura Urban Growth Area UGA - BeriderzileeQer and the Verge PUDs 17.36.020 Uses permitted. 1 .36 25 Allowed density. 17_ _ 36.030 Submittal requirements - Preliminary development plan. 17.36 04a Submittal requirements - Final development plan. i7.36.45 Review criteria. 17.36.050 Permit issuance and conditions. 17.36.060 Required improvements. 17.36.070 Repealed. 17 36 080 Planned unit development alterations. 17.. 36.090 Extensions and expiration. * Prior history: Ords. 74-6, 2. 17.36.010 Purpose and intent. The purpose and intent of this chapter is to provide for departures from strict compliance with the zoning standards outlined in other sections of this Title for projects that can demonstrate that such departures will protect the public interest and accomplish one or more of the following objectives: a. To encourage more innovative design than is generally possible under conventional zoning and subdivision regulations; b. To encourage more economical and efficient use of land, streets, and public services; c. To preserve and create usable open space and other amenities superior to conventional developments; d. To preserve important natural features of the land, including topography, natural vegetation, and views; e. To encourage development of a variety of housing types and densities, f. To encourage energy conservation, including the use of passive solar energy in project design and development to the extent possible; g. To encourage development of areas or site characterized by special features of geography, topography, size, shape; and/or h. To permit flexibility of design that will create desirable public and private open space,; to vary the type, design and layout of buildings,; and to utilize the potentials of individual sites and alternative energy services to the extent possible; (Or�13-001, 2013; Ord. 2007-22, 2007; Ord. 90-6 (part), 1990: Res. 83-10, 1983) 17.36.015 Applicability. 1. Inside the Urban Growth Area (UGA) and Rural LAMIRDs: The provisions of this chapter can be used for any property over two (2) acres in size. 2. Outside the Urban Growth Area (UGA) and Rural LAMIRDs: The provisions of this chapter can be used for properties over twenty (20) acres in size, except that PUDs are prohibited on Resource Lands and Rural Lands in the Rural Working Land Use Designation. (Ord. 2013-001 2013) 17.36,016 Develop hin Eliensbarg Urban Growth Area (UGA) BenderitF 4ceer and the Verge PUDs For properties -Located wilhin the B nder Reecer an the Ver a PUI)s w i are loca ed wit 'n t e City of Ellensburg GA the uses and development standards in KCC 17.11.030 throunh 17.11.039 shall be utilized. Where 17-11,030 throug h 1 Z. 11.039,d not ' ti sand devela meat standards to be utilized for development within the Ellensbursi UGA, this ch er sh l I 17.36.020 Allowed uses. 1. Inside the Urban Growth Area and Rural LAMIRDs, uses may include a. All residential uses including multifamily structures; b. Manufactured home parks; c. Hotels and motels; d. Fractionally -owned units; e. Retail businesses; f. Commercial -recreation businesses, parks and playgrounds; g. Restaurants, cafes, taverns, cocktail bars; h. Electric vehicle infrastructure. pursuant to See KCC Chapter 17.66: and; i. The following uses where they are only serving a residential PUD and where all other applicable standards are met: i. Community buildings; ii. Indoor recreation facilities including athletic clubs, fitness centers, sports courts, swimming pools, and other similar uses; iii. Outdoor recreation facilities including swimming pools, sports courts or similar uses; and iv. Recreation vehicle storage areas. 2. Outside the Urban Growth Area, uses may include: a. The following residential uses; i. Accessory dwelling unit; ii. Accessory living quarters; iii. Dwelling, single-family; iv. Dwelling, two-family; V. Dwelling, multiple -family; vi. Special care dwelling; vii. Parks and playgrounds; and b. The following uses where they are only serving a residential PUD and where all other applicable standards are met: i. Community buildings; ii. Indoor recreation facilities including athletic clubs, fitness centers, sports courts, swimming pools, and other similar uses; M. Outdoor recreation facilities including swimming pools, sports courts or similar uses; iv. Electrical vehicle infrastructure, pursuant to KCC Chapter 17.66: and V. Recreation vehicle storage areas. Qrd. 201.6-023, 2016; (rd. 20'1___ 3-001 2013; Ord, 2011-013, 2011; Ord. 2007-22, 2007; Ord. 90-6 (part), 1990: Res. 83-10, 1983) 17.36.025 Allowed density. 1. Inside the Urban Growth Area (UGA): The county may approve an increase of dwelling unit density for residential PUDs of not more than three (3) times the density permitted in the underlying zone, provided development rights are transferred pursuant to KCC Chapter 17.13 and additional natural and social amenities beyond the required minimums are provided. 2. Outside the Urban Growth Area (UGA) and Rural LAM1RDs: The density of the underlying zone or existing density within the boundaries of the proposed PUD shall not be exceeded by a PUD. For Rural LAMIRDs, the density shall be consistent with the character of the existing area as required by RCW 3 .10A.070(51d). Ord. 2021-015 2021;; Or& 2013-0010 2013) 17.36.030 Submittal requirements - Preliminary development plan. Any persons or corporation applying for a planned unit development zone shall file a preliminary development plan with an application for zone change, pursuant to KCC Chapter 17.98. The development plan application shall include all of the following: 1. Application forms and fees required by the County: 2. Legal description of the subject property including section, township, range, parcel numbers and number of acres; 3. A vicinity map showing the location of the site and its relationship to surrounding areas and roads; 4. A Development plan drawn to a scale no smaller than two hundred (200) feet to the inch with elevation contours of no more than twenty-(20)-foot intervals showing the following: a. Existing buildings, roads, utilities and easements; b. Arrangement of proposed land uses by type (residential, commercial, open spaces, etc.) with the approximate percentage of land in each category. c. Proposed traffic circulation and parking; d. Critical areas and natural features, S. A Landscaping plan. b. A Phasing plan with identified timelines. 7. A Project narrative addressing the following: a. Adjacent natural areas; b. The type, design and characteristics of the surrounding properties; c. Developer's intent with regard to providing landscaping and retention of open spaces; d. Future land ownership patterns within the development including homeowners associations if planned; e. Proposed water supply, storage and distribution system, sewage disposal/treatment plan, solid waste collection plan; f. Documentation from the Director that environmental review (SEPA) has been completed or will be completed; g. An explanation and specification of any nonresidential uses proposed within the project; h. Planned residential densities expressed in terms of dwelling units per building and per net acre (total acreage minus dedicated rights -of -way); 1. The method proposed to insure the permanent retention and maintenance of common open space; j. Proposed development standards, including an analysis of the public benefit provided in exchange for the deviations from the standards of the underlying zone, k. Timing for the construction and installation of improvements, buildings, other structures and landscaping; 1. A master plan of the site, if the proposed PUD is to be developed in phases. The master plan need not be fully engineered, but shall be of sufficient detail to illustrate the property's physical features and probable development pattern. The master plan will serve as a guide in each successive stage of development until its completion; m. If the proposed PUD rezone will result in an increase in unit density over the existing zone, include a narrative of the transfer of development rights in accordance with KCC Chapter 17.13. Transfer of Development Rights. (Ord. 2013-00 2013; Qrd_2010- 006,,. 01 ;Ord. 2007-22, 2007, Ord. 90-6 (part), 1990: Res. 83-10, 1983) 17.36.040 Submittal requirements - Final development plan. Following approval of the preliminary development plan by the county and before lot sales or building construction commences, the developer (owner) shall submit a final development plan for approval by the Board which shall include all of the following as listed below. Submittal shall be consistent with the process as outlined for final plat development in KCC Chapter 16.20. 1. A staging plan describing the timing or sequence of construction for all the elements of the plan. Subdivision lot sales may precede other elements of the development upon final plat approval; 2. A map or maps of the site drawn at a scale no smaller than one hundred (100) feet to one (1) inch showing the following: a. Preliminary engineering plans including site grading, road improvements, drainage and public utilities extensions; b. Arrangement of all buildings which shall be identified by type; c. Preliminary building plans including floor plans and exterior design and/or elevation views; d. Location and number of off-street parking areas including type and estimated cost of surfacing; e. The location and dimensions of roads and driveways including type and estimated cost of surfacing and road maintenance plans; f. The location and total area of common open spaces; g. Proposed location of fire protection facilities; h. Proposed storm drainage plan; 3. Certification from state and local health authorities that water and sewer systems are available to accommodate the development; 4. Provisions to assure permanence and maintenance of common open spaces; 5. Statement of intent including estimated cost for landscaping and restoration of natural areas despoiled by construction including tree planting; 6. Certification by the county of transfer of the required density credits in compliance with KCC Chapter 17.13. Transfer of Development Rights. (Ord. 20_10-0.0.6. 2010, Ord. 2007- 22, 2007; Ord. 96-19 (part), 1996; Ord. 90-6 (part), 1990: Res. 83-10, 1983) 17.36.045 Review criteria. 1. Preliminary development plan: The Hearing Examiner shall evaluate a planned unit development application and other evidence and testimony submitted into the record and shall issue a recommendation based on the following considerations and criteria: a. Criteria applicable to all PUDs: L PUD complies with all amendment criteria in KCC Chapter 1_M ii. PUD makes economic and efficient use of land, streets, and public services; iii. PUD preserves usable open space, important natural features, and other amenities; iv. PUD provides site design features that reasonably mitigate off - site impacts; and V. Public benefits of PUD outweigh the effect of the modification of underlying zoning standards. b. Additional criteria applicable to PUDs on Rural Lands: i. PUD is developed in a manner that maintains rural character, ii. Non-residential uses within PUD are designed at a scale appropriate for rural area and intended to serve only the residents of the PUD; and iii. PUD provides appropriate transitions to surrounding properties and land uses. iv. All new structures shall comply with the applicable standards contained in: (1) "Fire Safety Considerations for Developments in Forested Areas: Fire Hazard Severity Rating and Recommended Standards" (Northwest Interagency Fire Prevention Group) Washington Department of Natural Resources Severity Type Rating System; (2) standards adopted by Kittitas County Fire Protection Cooperative - 'Recommendations For Fire Safety and Prevention of Forest and Range Land in Kittitas County Including Rural, Commercial and Private Developments'; and/or (3) Urban Wildland Interface Code for structures outside a fire district, 2. Final development plan: The Director shall evaluate and the Board shall approve final development plans for the PUD, provided the conditions imposed on the preliminary PUD approval, if any, have been satisfied. Ortf. 2 13-00 2013) 17.36.050 Permit issuance and conditions. Building permits and other permits required for the construction or development of property under provision of this section shall be issued only when, in the opinion of the Director, the work to be performed substantially conforms to the final development plan approved by the Board. (Ord. 2013- 0� 2013; Ord. 96-19 (part), 1996, Ord. 90-6 (part), 1990: Res. 83-10, 1983) 17.36.060 Required improvements. All improvements including parking lots, driveways, landscaping, which are a part of the approved plan, but which do not otherwise require building permits, shall be completed or bonded before occupancy permits are issued by Community Development Services. The amount of the bond shall be determined by Community Development Services on the basis of information presented with the final development plan, (Ord. 2013-0010 2013; Ord. 90-6 (part), 1990: Res. 83-10,1983) 17.36.070 Inter -jurisdiction review. Proposed projects occurring within the Urban Growth Area shall be jointly reviewed with the associated city. (Ord. 2007-22, 2007) 17.36.080 Planned Unit Development Alterations. Proposed alterations to approved planned unit developments shall be processed as follows: 1. Minor alterations: Minor alterations are those which, in the opinion of the Director, alter the dimensions, location, or type of facilities but maintain the basic character of the approved PUD application and do not alter the proposed uses or density. Minor alterations may be approved by the Director. 2. Major alterations: Major alterations are those which, in the opinion of the Director, substantially change the basic design, density, open space or other requirement of the planned unit development. Major adjustments require a new application. (ard. 2013- 001, 2013; Ord. 2007-22, 2007) 17.36.090 Extensions and expiration. 1. Filing of final development plan - Non -phased PUDs. The applicant shall have five (5) years from the date of Board action to submit the final PUD application pursuant to 7 3. G.040, unless an extension has been granted pursuant to subsections 3 or 4 below. If the PUD is associated with a plat with a longer submittal timeframe the longer timeframe shall apply, pursuant to RCW 58.17140. 2. Filing of final development plan - Phased PUDs. Applicants may develop a planned unit development in phases, provided a phasing plan is approved as part of the initial application. In such cases, a final development plan shall be submitted for phases in the time limit established in the approved phasing plan, unless an extension has been granted pursuant to subsections 3 or 4 below, If the PUD phase is associated with a plat with a longer submittal timeframe the longer timeframe shall apply, pursuant to RCW 5�,17.140. 3. One-(1)-year extension. An applicant who files a written request with the Director prior to the end of the five-(5)-year expiration period (or applicable timeline established in an approved phasing plan) shall be granted a one-(1)-year extension upon showing a good faith attempt to complete the requirements necessary for submittal of the final development plan. 4. Additional extensions. Upon written request from the applicant, the Board may grant two (2) additional one-(1)-year extensions beyond the extension authorized in subsection 3 if they find there is reasonable justification for the granting of additional extensions. The Board may take into consideration changes in rules and regulations that occurred since the original PUD approval and may condition the extension to require compliance with any such rules and regulations, or portions thereof. S. Expiration. Planned unit developments which do not obtain final approval and implementing permits within the time frames established in this section shall expire without prejudice. For phased PUDs the expiration shall apply to all portions or phases of the PUD that have not applied for or been granted final approval. All future permits shall be subject to the requirements of the underlying zone unless a new application for a planned unit development is submitted and approved. 6. Timeframe for implementing permits. Implementing permits, including land divisions for lot sales or building permits when there is no associated land division, shall be submitted within two (2) years of final development plan approval. 7. PUDs approved prior to 2007. Planned unit developments with preliminary development plans approved prior to adoption of the expiration standards contained in Ordinance 2007-22 shall have until December 31.2017, to submit final development plans and shall be subject to the timeframes established in subsection 6 above for implementing permits. Undeveloped PUDs with final development plans approved prior to 2007 shall have until December 31, 2015, to complete land divisions for lot sales or building permits when there is no associated land division. Failure to obtain final plan or permit approvals or make substantial progress toward such approvals within the time frames in this subsection shall result in expiration without prejudice. 8. Lapse of zoning. If the planned unit development is not completed within the time periods in this section, the rezone to Planned Unit Development Zone is void for the area not completed, and the official zoning map shall be amended to the underlying zoning. (Ord. 2013-091, 2013; Ord, 2007-22, 2007) Chapter 17.40 C-G - GENERAL COMMERCIAL ZONE* Sections 17 40.010 Purpose and intent. 17.40.015 Development within the Ellensburg Urban Growth Area UGAI 17.40.020 Allowed uses. 17.40.030 Lot size req u i red. 17.40.040 Maximum lot coverage. 17.40.050 Maximum floor area, 17.40.060 Yard requirements. 17.40.070 Height restriction. 17,40.080 Repealed. 17.40,090 Access requirement. 17.40.100{ 0 Half streets. 17&J10 Repealed. * Prior history: Ords. 69-7, 2. 17.40.010 Purpose and intent. The purpose and intent of the general commercial zone is to provide a classification consistent with existing business districts in unincorporated towns (Le., Vantage, Easton) where a wide range of community retail shops and services are available. (Ord. 83-Z-2 (part), 1983) 17 ,40-Q1 5 Development within the Ifiensbuipg Urhln Growth Area GA r pwporties locatedwithili i f Ellensburg UGA the use and development AandaWLhLKCC 1.7,11.030 through 17.11.039 shall be utilized. Where_,KCC 1711 030 through 17.11.039 does not idenfib use and development standards to be -utilized fordevelopmgnt within the Ellen burg UGA, is chap -ter I appI4 17.40.020 Allowed uses. Uses allowed in the general commercial zone include those uses pursuant to KCC Chapter 1L.1 5. rd 3-001 2013, Ord. 2012-009. 2012; Ord. 2011-013, 2011; Ord. 2 10-014 2010; Ord. 2007-22, 2007, Ord. 96-19 (part),1996; Ord. 93-1 (part),1993, Res. 83-10, 1983) 17.40.030 Lot site required. There shall be no limitation. (Res. 83-1Q 1983) 17A0.040 Maximum lot coverage. There shall be no limitation. (Res. 83-10, 1983) 17A0.050 Maximum floor area. There shall be no limitation. (Res. 83-10, 1983) 17.40.060 Yard requirements. 1. Front Yard. No front yard is required. 2. Side Yard. No side yard is required. 3. Rear Yard. No rear yard is required; however, if a rear yard is provided, the minimum depth shall be twelve (12) feet. (O 201 - 1 2013; Res. 83-1Q 1983) 17A0.070 Height restriction, There shall be no limitation. (Res. 83-10, 1983) 17.40.080 Repealed. (Ord.,2013-001. 2013; Res. 83-10, 1983) 17.40.090 Access requirement. All lots in this zone shall abut a public street, or shall have such other access as deemed suitable by the Commission and Board. (Ord. 2013-001, 2013, Ord. 83-Z-2 (part), 1983; Res. 83-10,1983) 17.40.100 Half streets. In an area adjacent to a half street and opposite or outside the plat including the dedication of said half street structures shall be set back from said half street a distance sufficient to provide for an additional half street and the yard requirements. (Res. 8310,1983) 17.40.110 Repealed. (Ord. 2013- 01. 2013; Res. 8310, 1983) Chapter 17.44 C-H HIGHWAY COMMERCIAL ZONE Sections 17_ 44.010 purpose and intent. 17.48.015 Development within the Ellensburg Urban Growth Ara UGA) 17.44.020 Allowed uses. 17,44.030 Repealed, 17_ 44,Q40 Minimum lot size. 17.44.050 Setback requirements. 17.44.055 Setback requirements- Zones Adjacent to Commercial Forest Zone. 17�.060 Building height. 774�. 4.a70 Repealed. 17.44.080 Access. 17.44.010 Purpose and intent. It is the purpose and intent of the highway commercial zone to provide for motorist- tourist dependent businesses having little interdependence and requiring convenient access to passing traffic. (Ord. 83-Z-2 (part), 1983) 17.44.015 DeveIopMSflLWfth1n the Ellensburg Urban Growth Area UGA or properties located witbin theI nsb r UGA. the usea d development standards in KCC 17.11.030 through 17 1.039s all b tiiized here KCC 17.11.030 r ti h 17-11-039 does nQt identify use and dmgfgWent standards to be jitilLged for developMent within the EIlensbu[9 is ter shall a I . 17.44.020 Allowed uses. Uses allowed in the highway commercial zone include those uses pursuant to KCC Chapter 17.15. (Qrd. 2013-001, 2013; Ord. 2011-013, 2011; Ord. 2007-22, 2007; Ord. 96-19 (part), 1996, Ord. 83-Z-2 (part), 1983) 17A4.030 Repealed. (Ond. 2013-001. 2013; Ord. 83-Z-2 (part), 1983) 17.44.040 Minimum lot size. It is the intent of this chapter that each business be situated on a site of sufficient size to provide all off-street parking, loading and necessary driveways. (Ord. 83-Z-2 (part), 1983) 17.44.050 Setback requirements. 1. Front Setback. There shall be a minimum front yard depth of fifteen (15) feet. Off-street parking and maneuvering area shall not be considered as front yard; 2. Side Setback. Ten (10) feed 3. Rear Setback. Ten (10) feet; 4. Side and rear yard setbacks may be modified in accordance with KCC (Ord. 022-005 2022; Ord, 2013-001.2013; Ord. 2007-22, 2007; Ord. 83-Z-2 (part), 1983) 17.44.055 Setback requirements - Zones Adjacent to Commercial Forest Zone Properties bordering or adjacent to the Commercial Forest zone are subject to a two hundred (200)- foot setback from the Commercial Forest Zone. (KCC 17.57.050(1)). For properties where such setback isn't feasible, development shall Comply with KCC 17,57.050(2). (Ord. 2013-007.2013; Ord. 2007-22, 2007) 17A4.060 Building height. The maximum height of any structure shall be two and one-half (21/2) stories or thirty-five (35) feet, whichever is less. (Ord. 83-Z-2 (part), 1983) 17A4.070 Repealed, (Ord. 2013-001.2013; Ord, 83- Z-2 (part), 1983) 17.44.080 Access. All lots in this district shall abut a public street, or shall have such other access as deemed suitable by the board. Ord. 2013-001 2013; Ord. 83-Z-2 (part), 1983) Chapter 17.48 I-L LIGHT INDUSTRIAL ZONE* Sections 17.48.010 Purpose and intent. 17A8,015 Development wilhin the Ellensbura Urban Growth Area 17_ 48.020 Allowed uses. 17,48.030 Minimum lot size. 17.48.040 Front, side and rear yard requirements. 17.48.050 Setbacks. 7.48.060 Height restrictions. 17�.07,p Lot coverage. * Prior legisfaticn: Ord. 2 §§ 13, 13.01, 13.02.01, 13.02.02, 13.02.03, 13.02.04, 13.02.05, Ord. 71-5 and Ord. 76-3. 17.48.010 Purpose and intent. The light industrial zone is established to preserve areas for industrial and related uses of such a nature that they do not create serious problems of compatibility with other kinds of land uses and to protect such zones from encroachment by conflicting land uses. The regulations set out in this chapter shall apply to the light industrial zone. (Ord. 2013-OQ1.2013; Ord. 83-Z-2 (part), 1983) 7 015 DevelloRment witfiln the Ellensburg Urb an GMmdb UG For propgrtig2 located withinthe-City of E e and 4emplopment ggriclands. in KCC 17.11.030 through 17.11,039 shgll be u ' ' d. W e K .1 1.Q30 through 17 1.039 does not "denti us.e and development gan r utilized v lopmerd i le b r this chapkr shall 17.48.020 Allowed uses. Uses allowed in the light industrial district include those uses pursuant to KCC Chapter 17�15. 2013-OQ1_. 2013; O d. 2Q1 - 0 9 2012; Ord, 2011-013, 2011; Ord. 20117 014, 2010, Ord. 96-19 (part), 1996; Ord. 83Z-2 (part), 1983) 17.4113.030 Minimum lot size. The minimum lot size in the City of Kittitas urban growth area is twenty (20) acres, unless the Director approves smaller lots after reviewing a land division plan or sketch that demonstrates the following: 1. The smaller lots do not result in inefficient use of land; 2. The smaller lots will not preclude future large-scale industrial development; 3. The smaller lots will not preclude the adequate access and infrastructure to future development; and 4. The lots are at least ten (10) acres. (Ord. 2013-001, 2013; Ord. 93-1 (part), 1993) 17.48.040 Front, side and rear yard requirements. There are no yard requirements, unless the property abuts a parcel of land of more restricted nature such as a commercial zone, in which case the requirements on the abutting side shall be those of the abutting property. (Ord. 83-Z-2 (part), 1983) 17.48.050 Setbacks. No building or permanent structure may be constructed closer than fifty-five (55) feet from the centerline of any public right-of-way. If any use in this zone abuts or faces any residential zone, a setback of fifty (50) feet on the side abutting or facing the residential zone shall be provided, with tree planting or other conditions necessary to preserve the character of the residential zone. The Director shall determine what these conditions shall be. Ord. 2013-001 2013; Ord. 83-Z-2 (part), 1983) 17.48.060 Height restrictions. There shall be no limitations. (Ord. 83-Z-2 (part), 1983) 17.48.070 Lot coverage. No structure or combination of structures, including buildings, shall occupy or cover more than fifty (50%) percent of the total lot area. (Ord. 2013-001, 2013; Ord. 2012-009, 2012; Ord. 93-1 (part), 1993) Chapter 17.52 I-G GENERAL INDUSTRIAL ZONE Sections 17.52.010 Purpose and intent. 17. 2.015 Development within the Ellensburg Urban Growth An UGA) 17.52.020 Allowed uses. 17.52.030 Repealed. 17.52,040 Front, side and rear yard requirements. 17.52.050 Setbacks. 17.52.060 Height restrictions. 17.52.080 Access. 17.52.010 Purpose and intent. This zone is intended to accommodate certain industrial structures and uses that could create serious problems of compatibility with other kinds of land uses and to protect such zones from encroachment by conflicting land uses. fOrd. 2013-009 2013; Ord. 83-Z-2 (part), 1983) 17.52.015 Deveigpment within thit Ellensburg-Urbanr A For prop-erties locat d within i and developme9t standards in .KCC..17.11.030 through 17.1 L039 shall be utilized. Where KCC 17.1 J,Q30 through 17,11.039 does not identify development uses and standards to be utilized for development within the Ellensburg VGA this ter s l 17.52.020 Uses permitted. Uses allowed in the general industrial zone include those uses pursuant to KCC Chapter 17.15. (QLd• 2013-001, 2013; Ord 2012-00 2012; Ord. 2011-013. 2011; Ord. 2007-22, 2007; Ord. 83-Z-2 (part), 1983) 17.52.030 Repealed. Ord. 2 7 -001 2013; Ord. 20012-009, 2012, Ord 2007-22, 2007; Ord. 93-1 (part),1993; Ord. 83-Z2 (part), 1983) 17.52.040 Front, side and rear yard requirements. There are no yard requirements, unless the property abuts a parcel of land of more restricted nature such as a commercial zone, in which case the requirements on the abutting side shall be those of the abutting property. (Ord. 83-Z-2 (part), 1983) 17.52.050 Setbacks. If any use in this zone abuts or faces any Residential or Urban Residential zone, a setback of fifty (50) feet on the side abutting or facing the residential zone shall be provided, with tree planting or other conditions necessary to preserve the character of the residential zone. The Director shall determine what these conditions shall be. (Ord. 2013-001, 2013; Ord. 2012-009, 2012; Ord. 2007-22, 2007; Ord. 96-19 (part), 1996, Ord. 83-Z-2 (part), 1983) 17.52.060 Height restrictions. There shall be no limitations. (Ord. 83-Z-2 (part),1983) 17.52.080 Access. All lots in this zone shall abut a public street, or shall have such other access as deemed suitable by the board. f0rd. 2013-001 2013; Ord. 83-Z-2 (part),1983) Exhibit B: Docket Item 22-03 Housekeeping Amendments to Title 15, 16, and 17 17.08.230 Family. "Family" means a number of related individuals or nr;rt-►n<aw 41iji ii,4",t, ;41-unrelated individuals living together as a single housekeeping unit, and doing their cooking on the premises exclusively as one (1) household. I Iiis d finiiion c,�c°Irulcs Woiil) ticlmcrt _rrul shorn-lenll.r_�pllnt,cd' individuals. li_yii3st l<� c:1,11G' Celll li(H �`\l'li'<1 �1171111C;ii�lc h�,illlr <�r�d rli:ty l3ril�.i,ic��� (Ord. 2013-001, 2013; Res. 83-10, 1983) 15A.05,020 Procedures for hearings. Public hearings shall be conducted in, accordance with the hearing body's rules of procedure and shall serve to create or supplement an evidentiary record upon which the body will base its decision. The chair shall open the public hearing and, in general, observe the following sequence of events: 1. Staff presentation, including submittal of any administrative reports. Members of the hearing body may ask questions of the staff. 2. Applicant presentation, including submittal of any materials. Members of the hearing body may ask questions of the applicant. Questions to the staff shall be posed by the chair at isits discretion. 17.60B.050 Administrative Review. The development standards of this title shall be used by the applicant in preparing the administrative use permit application, and by the administrator in determining the acceptability of permitting a use in a certain location. The applicant has the burden of proving that the proposed use meets criteria set forth below in this section. An administrative use permit may be approved only if all of the following findings can be made regarding the proposal and are supported by the record: 1. That the granting of the proposed administrative use permit approval will not: 1. Be detrimental to the public health, safety, and general welfare; 2. Adversely affect the established character of the surrounding vicinity and planned uses; nor 3. Be injurious to the uses, property, or improvements adjacent to, and in the vicinity of, the site upon which the proposed use is to be located. 2. That the granting of the proposed administrative use permit is consistent and compatible with the intent of goals, objectives and policies of the comprehensive pIan, and any implementing regulation. KCC17.15.060.1 Allowed Uses In Rural Nan-LAMIRD Lands P Permitted Rural Non-LAMIRD PA Permitted Administrative Rural CU Conditional Use Rural Rural Rural Residential ACU Admin. Conditional Residential Working Recreation & Rural Use Recreation See KCC Chapter 17.08 Ag Rural $ 5— Forest Ag & 2()� Master General Rural PUD Definitions Range Planned Commercial Recreation E. Recreation Campground* CU CU i2 CU CU12 P cull CUR CU12 Cu Golf course* CU Cu CU CU CU CU Guest ranch or guest farm* CU CU CU CU «` Cu Parks and playgrounds* P P P 3 P P P P P Recreation, indoor* P Cu Cu P Recreation, outdoor* AC AC CU CU AC AC AC P ifi Recreational vehicle park* CU CU Cu Cu Cu Recreational vehicle/equipment service CU N and repair* Recreational vehicle storage CU 26 CU 71 P M Stadiums Trails PA PA PA PA PA PA PA PA 17.15.060.2 Footnotes Associated with Rural Non-LAMIRD Use Table. 26. Recreational vehicle storage may be enclosed or outdoor storage of recreational vehicles or both. Permitted where the use is only serving a residential PUD or in the Rural Recreation and Forest and Range zoning districts and subject to the following standards and conditions: a. All stored vehicles must be licensed if required by law, and operational. This land use does not include vehicle sales. b. Unless it is limited to serving a residential PUD and otherwise permitted or authorized, recreational vehicles shall not be stored outside when the site is contiguous to a residential zoning district. c. No commercial or manufacturing activities are permitted except when recreational vehicle/equipment service and repair has been permitted subject to the requirements of KCC 17.15.060.2 Footnote 60. d. In the Forest and Range zoning district, and when not limited to serving a recreational planned unit development, the site shall either be: i. Contiguous to a State Highway, or ii. Contiguous to a designated urban arterial or rural collector road located near a highway intersection or freeway interchange. iii. It is not necessary for the site to have direct access to such arterial, collector or highway to meet this requirement. e. Recreational vehicle storage shall be designed to be compatible with the surrounding rural character, subject to the following standards: i. Storage areas shall be enclosed with a minimum five -foot -high, security fence. The applicant may be required to provide additional plans for aesthetic improvements and/or site -screening. ii. Additional setbacks, physical barriers 'or site -screening may be required on sites that border resource lands in the Commercial Agriculture or Commercial Forest zoning districts. iii. Findings shall be made that the proposal does not require urban governmental services such as municipal sewer or water service and does not compromise the long-term viability of designated resource lands. iv. Measures shall be taken to protect ground and surface water. Electric Vehicle Infrastructure subject to provisions of KCC Chapter 17.66. 17.36.090 Extensions and expiration. I , Filing of final development plan - Non -phased PUDs. The applicant shall have five (5) years from the date of Board action to submit the final PUD application pursuant to �(,seQ4() 17,30.0110, unless an extension has been granted pursuant to subsections 3 or 4 below. If the PUD is associated with a plat with a longer submittal timeframe the longer timeframe shall apply, pursuant to RCW 58.17.140. 17.70.060 General regulations. The type, number, height, setbacks and maximum sign area are subject to the review procedures of this chapter, and are established for all signs in all zoning districts. 1. Development Standards. c} �ryaF-li�rrplitw pFf�� iril i�•C't`;eklioE[{t;rll signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame or structure. 17.15.070.1 Rural LAMIRD Use Table D. Industrial Airport- 4sphslt/Concrele plants Explosives, storage or manufacture Gcner Rural Agricultur General Highway Light General Forest & Limited al Highway Light Residential Residential 2 n ; ommercia 1 ommercia industrial Industrial Range PUD Cotnmerci Corn Commercia Industria at metci 1 1 a1 CU CUM CU CU 17.15.070.2 Footnotes Associated with Rural LAMIRD Use Table. CUE 46. No new airports. Existing airports may expand or enlarge in compliance with applicable standards and regulations.' 4-Z +NoJievair-poI=EN;4-?�ht6up, iikl}t v�i##91�f1t��4 itIRI r* rgidmit+#t' 14.04.045 Recreational Vehicles and Park Model Trailers. I. Definitions 7. Additions to a park model are prohibited. 8. An RV may not be used as a residence, except if it is a primary residence and is located in a manu£acturer/rnobile home community as defined in RCW 59.20.030 that was in existence before June 8, 2008, except that a park model trailer may be used as a special care dwelling unit per KCC 17.08.500. Such placement shall be conditioned upon meeting all the requirements placed upon a park models, mobile and/or manufactured home in the same location. 9. Except as provided in KCC 17.92.0 1-0. unless an RV is being used as a primary residence pursuant to subsection (7�) above, an RV may be used for no more than four (4) weeks out of any six (6) weeks and shall be fully licensed and ready for highway at all times. An RV must be disconnected from utilities during the weeks that it is not in use. Exhibit C: Docket Item 22-04 Residential Structure Definitions 17.08.022 Accessory dwelling unit. "Accessory dwelling unit" means separate living quarters detached from the primary residence thyt includes t�t� stalled ook tiji�ree��u�lt,a�a 3'tett�rt>tiPGit;ltcic!ci.v�nl). 17.08.023 Accessary living quarters. "Accessary living quarters" means separate living quarters with an installed cook source [such as a gq?ge.pyell11lo ad y_c°.n1). fully contained within a single structure that contains the primary dwelling. Exhibit D: Amendment 22-05 Daycare Facilities 17.08.195 Day care facilities. "Day cage facilities" means sar l�a+r�,trrrd i +1�}tt+i-t i:� ie iala w- t+-MMM. ideft4a;- *Ue4uFvrd raq) ape (ai i4crure-.,jiden::nlults or children. 17.15.070.1 Rural LAMIRD Use Table P Rural LAMIRD42 Rural Employment Permitt (Type I LAMIRDs) Centersu,U ed (Type 3 LAMIRDs) PA Permitt ed Admini strative CU R Gener Resid Agr High Ligh Gen FO res Limite Gener High Ligh Conditi u al Residen icul ential ra Com way Com t eral P t & U d al Com Coin way Com t oonal Use tare 2 1 3 met1ci merci Indu stiial Indu slrial Ra ng D m=i merci merci Indu strial 5 al al al al al a Admin. Conditi onal Use *See KCC Chapter 17 0808 Definiti ons A. Agricul ture Animal hoardin CU P P P P P P Agricul hire P 2 P/CU P/C P/C C P/CU P/CU P/CU P/C processi U 4 U U U Agricul ture product CUt P P5 F4 P4 P5 p4 ion* Agricul tare P 7 sales,* /A P P P P P Fann C stand* Agricul ture ICU I T sales Feedlot * IP *Crazing P P P P P P P P P p Marijua na AC AC Process UM Um ing* a Marijua na AC AC Product Ui6 Um ion* '"""mom Em IM101,11 MEN �IIIIIIIIIIIII U- Pick/Cu t Operati ons* Farm Visit* �rH Comme rcial Activiti es associat AC ed with agricult um* R AEpr Gener High Ligb Gen Fo res Limite Gener High Ligh Residen Resid u icul al way t eral t & ID P d al way tial ential ra tore Corn Corn Indu Indu � U Cam Coin. Com t Indu 2 1 3 merci merci strial serial merci merci merm strial S al al ng 81 al al B. Civil and Cultural Cemry ete P9 p9 1p g P9 P9 P9 P9 p9 p9 p9 p9 pg U 2 Clubho CU P P uses, U and lodges* �uLIL El Cultural and educati CU on fucilitie s Librarie CU s CU Meetin g facilitie s Museu ms and CU CU Cu CU C CU Cu gallerie U s Religio us CU instituti CU Cu C U om* Schools' public CU Cu CU C and U U private* Interpre tive Center* R Agl Resid Gener High Ligh Gen Fores Limite Gener High Ligh Residen u icul al way eral t & P d al way t tial ential ra tore Com Comt Indu Indu Ra U Com Com Com Indu Z 1 3 merci merci atrial �� ng D merci merci merci strial 5 al al al a] al C. Comme rcial Auction sales of non- P P agricult ure product s Ban U PA PA Ll Bed a eakfa CU CU U Cu CU CU U U CUR CUB CUR st* Clinic* CU 12 ICU CU LJ Day care facllltle L3/( V-..- P/cu CU CU CU S* Footnote 63. Day Care Facilities Seivicii ,12 or ii ►r dt�fhc3r d i3dksi�a ljilhin a C�!t kfipjlal i�rsc I' ni it. Al ,P#yCmoz with all Siuie,licepigreqgirtlncwN, 17.15.080 Allowed uses in Urban Lands P Urban Permitte d PA pennitte H d ist Adtninis or trative is CU Resident Urban Tr Agr icul Rura Limite Genera Highw Li Gene Fore P Conditio , Resident ai Rum d l aY s Indus ral st & U nal Use tal ial le ture 13 15 Comm Comm Comm trial Indus Rang D ACU r 3 ercial ercial ercial trial e Admin. C Conditio 0 nal Use ur t *See KCC Chapter DefinX onS' A. Agricult um Animal boardin CU CU CU CU g* Agricult ural Enhance P P d Uses* Agricult ure p P P P CU processi IIg* Agricult ure CU1 CU5 producti PS P P p4 p4 ps on* AgricuIt ure sales,* 2 Produce Ate � P pz / AC 4� Farm stand Ap icwt ure sales Cu Cu CU CU Dairy Feedlot* CU CUB Grazing * P P- P P P P P P- P- P Marijua na ACU ACU Processi - 44 �a ng'� - Marijua na ACU ACU Producti �4 one Marijua na, retail sales* Nurserie s CU CU Ip P P P P P CU Riding Academ CU CU �cu CU ies Small- scale 2/C _ AC42 AC42 AC42 event /CU /CU ICU facility* U- Cut(u- P / Pick ACC operatio n* Farm Visit* CU] U CU CU CU CU CU CU Commer cial Activitie s associat AC AC ed with agricult ure* H ist or is Resident Urban Tr Agr icul Rum Limite Kura d Genera Highw Light Gene Fore p ial Resident ai le ture 13 15 Comm 1 Conan Comma Inds U ial trial Indus Rang r 3 ercial ercial ercial trial e C 0 ur t B. Civic and Cultural Cemeter p9 p9 P IP9 pg pg IP9 p9 p9 P9 P9 CU p9 Y Clubhou ses, fratexniti AC AC p p p AC es and lodges* Cultural and educatio CU nal facilities Libmrie CU p p s Meeting facilities Museum s and CU Ctj Cti P Il P- - CU galleries Religiou S instituti CU Cu Cu CU ons* Schools, public CU CU P P Cu or private* Interpret ive Center* H ist or is Resident Urban Tr Agr icul Rura Rum Limite d Genera Highw Light Gene Fore P Resident ai 1 ay dus rat St & U ial 1e tore 13 15 Comm Comm Comm In Indus Rang r 3 ercial ercial ercial trial e C 0 ur t C. Commer vial Auction sales of non agricult CU p CU ure products Bank J p p I Bed and breakfas AC AC AC t* Clinic* CUL J Day Care facilities p/CU54 ` Ef'US4 CU P/ .US4 P/CU54 CU CU CU CU Footnote 54 [.,rLx I�aci[ilieti se..!°vi�int�__l.:3�►r.�t�c►rts��lu1L� children vOEEiis� �! 24-1jc+us jsric�!_rgk1il_ Conditional Use Perinit. A] I- ly 0111 ! 7Gi�lllt� JtlllSl Cf�t31,j)� 4 Et}1 �l�j �7[tllr' Ii4r��sil�� r�t�cUimir1cIIIS,. 2021 Docket Enabling Ordinance December 20, 2022 Page 31 Exhibit E: Docket Item 22-06 Highway Commercial Maximum Structure Height 17.44.060 Building height. The maximum height of any structure shall be lwo-am<l -t4t 4vil 2021 Docket Enabling Ordinance December 20, 2022 Page 32 Exhibit F: Docket Item 22-07 Vesting of Access Points 3.,'M.itul Qv%;z��-1�..s�a � s i' � i;ii n` tlx tt�l wl-ins�_ i!'$twtd 9Lvv° l.�1I ti►s ttFt3di�r h ]ri3a +fit sr�. 5ar i�t{�j lleiarr_to Igzj.cs�u�l�;tipsl �tiul14►t_Sklt�ltlLcl 4arc° iiLrlf��tl-a_ti�t lt:su�#,llid #3s'ic1�li Construction with Resoiutiosa_RD- I -ijtI„ )70)., are ulloued us r��I����z� s4°itil a cwM In 1qI1c1 u3l_pnwidol 1i411 1'Xl"�l�I1 nL�L'�dS tlli4:ti VLSI Ct►-'1tillElllg' Ali i13JLIlY �- Si:SC'LV .41L1rd 11k`119 ed bill ie.['allls7_!L' tuu�1 s 11 4flt Cr. 2021 Docket Enabling Ordinance December 20, 2022 Page 33 Exhibit G: Docket Item 22-08 Subdivision for Existing Residence and Lot 16-12.040 Comprehensive plan and zoning regulation conformance. All proposed subdivisions shall conform to the county comprehensive plan and all applicable zoning regulations in effect at the time they are submitted for approval. Lots shall be of sufficient area, width and length to satisfy zoning requirements, or, where zoning controls do not apply, to satisfy the minimum health and sanitation requirements of the county health department. If, as of July 26, 1996, an existing lot was lawfully occupied by two (2) single family dwellings, such lot may be granted short plat approval under KCC Chapter 16.32 in order to permit the segregated sale or refinance of such dwellings, even though one or both of the resulting new lots will have dimensions less than required for the zoning district in which the property is located; provided, however, that the degree of density nonconformity shall not be increased. Site triangles shall be consistent with KCC 12.04.030. (Ord. 2022-005.2022; Ord, 2021-015, 2021; Ord. 2016- 02... 2016; Ord. 2005-31, 2005) I . I��1v. A. I c+tx Within AG Yonip , inc ludi (I --- - disq — -=-iql% mmerviall A r. Ats 0 and C S rai that artitreater thal6hMg. ar,�. s mph tints i��idcu i A, , +nc spu11 lnt around an existinp, residence sub'ect to rer.•ordin of a covenant precluding further division of .c subiect lot while desig!lAted for g ric,ultural use -by- the ad coijLc4 Kittitas Count C,or t • rc hensivt 'lan maintaining the minianum adjustment nc� es_ Ito sac vonw tltc Prs) y s u s q, tad it h cent iin ci a law(g!a,. xislinu resici •lecar at li.�a�s� tine„���t tiv_e era au . c�;t tt� tlta� fK�it a�y» ;� !h�01�-c vvr diite sir the ;tublislutlept of �+ lawfully �'s1�ii�r�ysid��a 'Itarts horn thep. issilbac : date Ora (" ertifiial of i�a cu �nt;v by the 13uildiag 021ciad or tlt_Jaw i)LthU si�rt; (1'oct t_� 1�� ttl.����etl 1' nil ict � Et 1'ctr iltt; � stt371atic�L ttii, if thk;,_iu�iciglcc is_tt.1 1e11uraets+rr�1 laogie'_ 11' Jig raennit hol4er _i'ailyd itt obtain g Clogtitcatc tit OCCLIuMnev or l�ruvu t"ui�a]�t�c tiult �a ;� ] si�io c:-_tbc: ram, ti„�a+�t day into .de c tAu evidc lwc 11; c.afgl hsh !ILL date ziC it ^tt��clu'n v• l jt3w.e�a '; nta n lic:alican #i» Jy—nddi>E �ioo &viil he aj-3 steal untilAtic i "na thaj It i Wate 01 Ocec:u . attc;. has been hL%ur.d or a a. t>>.vc d fii�sa3 itts ex tiort t�tx.lxa.11 e:6)lli] etud and nj rcu uirud c' Lig s li .�-e Iwo- a ttt-W—g, ii' �trit ;cl by tlic 1$ui_ Icti"a fJtii ial.. u�dt.1►ao_cai'as not ttmilifed ttsr ws derne , cnknitl#s1.lc31 2021 Docket Enabling Ordinance December 20, 2022 Page 34 for 10 the h(ltNui n oll le_builditt , cut, .?ck by Killilus CoLjntXwn A 1984. ii. The _ size,pt the Director ma e-small lot shall be one to three acres in ,,exce • a lhorirc a larger llal sixc under subwgtttra Ili 12 (�40f,1)(A)tiii). iii. 1':nte r .� �t�Si�i Alit t��ri rd. '!L —Dimc tr►r i�aa SiaLtltozl L if dtr rr lat sa cz when the ►I'w_ajit sub inits rvicic .nce or infoQ tion thatdocuments cane or more of the following: a.:1 hc:_&ijWLas• `f)�tit�tyj1t pith i3ep hjlixvr&S slcteIrinvs a lat air aria is hNe WAY Lo ieater su 1 _ond -xwa 1c dis i al V ts;nl:,YlhW the jol: or b. ?We 9ct_ _meal di sno to c-q* the. lot 1iol cv t��ic�il_tr gurc. which acts as a bonafde, practical obGtacle to normal and necessarY_f urLning Mactices (e.g., rock outcrops,T m S and NP streams, siones exceeding 15%• or a ifferent intervenin in -fee e avnushi�hysic:all•y orates tl.ot name -Illy i Statc,highwfly or pr;tnnry, irrigation district iodnal ormgr subl�tgral tar C. larger lot Sipei y> lt) enuo m+a." _cyist or structures in itrunediate proximity iv. The lot comwising the balance of the division shall be ca abhP of meetin all aunlicable setbacks and other requirements to ensure its continued gulr cultufal Luse; $ Ms—L& r4_ .pgt .411 Log wajit! is,00 —in l~.fL;_rttt�.r,�4tak&jvi&ci w�dur tl�i Sett�rt. A t ��vct�tant zar t�.`srt note icltc a{it9t: thts'rrs r. c;ti pit shall be recorded wh,-never a larger lot size is granted. 2021 Docket Enabling Ordinance December 20, 2022 Page 35 Exhibit H: Docket Item 22-09 Structure Setbacks for Retaining Walls and Overhang Setback Encroachment 17.08320 structure. "Structure" means that which is built or constructed, an edifice or building of any kind, or any place of work artificially built up or composed of parts joined together in some definite manner. Fences that are 7 feet or less in height, ji)d retaining wails that are 4 feet or less in hei.aht_measured trorn the hottorn tji . f ting to ti�e�f P got ip�o jrrg s i}chaicie orin�gt�g ding Blass I.11 or III -A liquids are excluded from this definition. 17.08.580 Yard depth. "Yard depth" means the minimum perpendicular distance between any point on a lot line and the nearest part of any structure or building exc4djUg a i 1 -inc r eave (gverhann)no closer than 5 feet to ft,"r ert in i, a td ex�udi�n� .rerairiiga wa!!s necessary for access nerits_as.determined by Kittita, s�'Q, r� P�bl1c brk , 2021 Docket Enabling Ordinance December 20, 2022 Page 36 Exhibit I: Docket Item 22-11 Nonconforming Residential Structures 17.80.010 Changes to conform to district. A nonconforming structure or use may not be changed, altered, replaced, added to or expanded in any manner unless such change or alteration would bring the use into conformity with the uses permitted in the district in which it is located. Such limitations and restrictions shall not apply to existing residential dwellings __l<<c)iisratiiiiriiiiiit,- residentiad su;uctures 3zhali 11ol he ivniodr-led. or is p,'julocl in a to ti.iaicr drat iatcrea3tit;ti_noa 2021 Docket Enabling Ordinance December 20, 2022 Page 37 Exhibit J: Docket Item 22-12 Rear Yard Setbacks 17.16.080 Yard requirements - Rear. L There shall be a rear yard with a minimum depth of twenty-five (25) feet- 04he+100tt 4ittiltl ista, 2. The rear yard setback depth shall be fifteen (15) feet (o4he-r"*4i* ih1m -for parcels within the Snoqualmie Pass LAMIRD. 3. Rear yard setbacks may be modified in accordance with KCC I6.10. 65. (Ord. 2.022-005, 2022; Ord. 2019-013, 2019; Ord. 2013-001. 2013; Res. 83-10, 1983) 17.18.080 Yard requirements - Rear. 1. There sbalI be a rear yard with a minimum depth of twenty-five (25) fee[4�t-16 iwhwdjn , However one accessory structure may be constructed within five (5) feet of the rear lot line. 2. The rear yard setback depth shall be fifteen (15) feet m the di%xoklt for parcels within the Snoqualmie Pass LAMIRD. 3. Rear yard setbacks may be modified in accordance with KCC 16.10.065. (Ord. 2022-005, 2022; Ord. 2019-013, 2019, Ord. 2013-001, 20I3; Ord. 8910 (part), 1989) 17.28.060 Yard requirements - Rear. There shall be a rear yard with a minimum depth of twenty-five (25) feet to tl enuit� l+ttiltli, Rear yard setbacks may be modified in accordance with KCC 16.10.065. (O , 2022-00g, 2022; Ord. 2013-001, 2013; Res. 83-10, 1983) 17.28A.060 Yard requirements - Rear. There shall be a rear yard with a minimum depth of twenty-five (25) feet4 mttfn• lay 10*. Rear yard setbacks may be modified in accordance with KCC 16.1_. 0.065. (Ord. 2022-005, 2022; Ord. 2013-001, 2013; Ord. 2005-05, 2005) 17.29.070 Yard requirements - Rear yard. There shall be a rear yard with a minimum depth of twenty-five (25) feet i*-N r „+iO�+rr. Rear yard setbacks may be modified in accordance with KCC 16.10.065. (Ord. 2022&1 5, 2022; Ord. 2013-001. 2013; Res, 83-10, 1983) 17.31.070 Yard requirements - Rear yard. There shall be a rear yard with a minimum depth of twenty-five (25) feet -to 4hc+�t!sti:rbeetifidr. Rear yard setbacks may be modified in accordance with KCC 16.10.065. (Ord. 2022-005. 2022; Ord. 20.1_3-001, 2013; Ord. 96-15 (part), 1996) 2021 Docket Enabling Ordinance - December 20, 2022 Page 38 17.56.060 Yard requirements. 1. Front Yard. There shall be a minimum front yard of twenty-five (25) feet. 2. Side Yard. Side yard shall be ten (10) feet. 3. Rear Yard. There shall be a rear yard with a minimum depth often (10) fcet+r tE�e �3HiH i�iril�a�i�z . 4. Side and rear yard setbacks maybe modified in accordance with KCC 16.10,065. 2021 Docket Enabling Ordinance December 20, 2022 Page 39 Exhibit K: Docket Item 22-14 Public Agency and Utility Exception 15A Table A Pt+dw i"% a ' Vbq ffir�m tIMMM W I" I d0+ o-i„= « iJ�+d.:�felS �f3 r,a F;z.ti :: ours lr�LgPi AtgyfY Blnding Site Pun: 15 WyF Hmr Stall HE SO CVA Zo" Va6mcn is Hone SM HE Seq. Loud ..:SIMMOMMOMWO Jyency &nd UNYry Ek Aptfor. . ��� Fctapfim� fWAilteopmrm6jj$.W*UJea: 15deys tam SUN Hp Sop.Cow 2021 Docket Enabling Ordinance-- - December 20, 2022 Page 40 Exhibit L: Docket Item 22-15 Recycling Service Level Chapter 8.21 Recycling Service Level SectivM 8.21.005 Eflfecfive Date 8.21.010 EUrpose. 8.21.020 Definifions. 8.21.0.30 ResideZtlal r side rfj2(diDj ar�dyard_waste cailectiontiou daries. 8.21.040 Minimum levels of curbside ucling and yard waste collection service. 8.21.050 urbsid rtwSc:linca_� d +rd waste collection rdtes.. 8.21.060 County notification of VtfIJTC tariff filings. 8.21.070 Program , remotion and education requirements. -Q.21 R grtin R uireme 8.21.006 Effective Date This ordinance shall take effect on January 1 2024, 8,.21.0.1 A Put-p se To address increased demand from Kittitas CqunjY Residents for cyttaidit rec clln�r an var i waste collection. 8.21.020 Definitions. Sections 8.21.021 Cart 8.21,022 Curb or Curbside 8.21.02 I Cc�m st F, �:iiit 8.21.024.Curbsi'de reMlina. 8.21.025 Division, 8.21.026 Elioibla_ Ragrderace 6.21.02Z. Gra r _quite 2U Safe. 8.21.028 Material, BMvary Facility 811.029 Mud far lily Cu ors'ier. 8.21..0I0 Muitifamdly Residence. 2021 Docket Enabling Ordinance December 20, 2022 Page 41 8.21.0211 Recyclable Materials, 8, 21.i 212 Slngle-Famft Custom,er. 8.21.0213 Solid Waste. 8.2 .021 A S •lid baste Com aii Y. 8.21.0216 Yard Waste, 8.21.0216 WUTC. 8.21.021 Cart. wheels. 8.21.022 Curb or Curbside "Curb or Curbside" means the area within five 5 feet of a oublic street w ere collection services occur. If safe access is difficult or if �axtra�►rdin rir � n:mstanc s cuslopiers. conve0ign3t for sonffactor's Mujpj ent, srrLdrngtua6lv.�reed to by contractor and WUTC. Contractor will assess a fee for communities that have covenants that do not allow curbside placement of containers. 8.21,0Q.Composl Facility. "Com ost facility" rileans any fklift that Is ermitted to acre t o anic materials as defined in WAC 173-350-100. PY MUM Alen' to a rem:gndfact , rin cle. 8.21.025 Division. _Division" means the solid waste division of Kitiitas County deearijuent ,of st? id waste. 8.21.326 Ell-gibig Bbsidertcb "E1l ilble r i'd'ence. shall mean ariM residence located within the urban areas of t#itas Count whicfn.Meives arba - e oollectia t service froin a oeriificate4 hauler. The or-Meated hawser roust Proiide the level of service described in this Ordinance within the urban unincorporated pogrtions of Kittitas County which d 'Ps not receive 2021 Docket Enabling Ordinance December 20, 2022 Page 42 arba a +collection service from a cer#i sated hauler but elects to receive the mygling service described in thi§ prdinanw. These ell ible residencies not reside ces that become ell' ible resirences by, election only., are not re uired to accept &b_age collet i servio &am a certiftated Mauler, amen if they elect receive _recycling collection„service. 8.21.027 Group Collection Site. "Grow Collection Site," a location established by the solid waste collection Company to service carts from multiple le awounts where wilection vehicle access is limited. 8. 1.Q28 Material gcoy q.0 Facility 8.21.030 Multifamily Residence. "Multifamily residence" means any structure housing two or more dwelling units W( AC 480-70-041). 8.21.0211 Recyclable Materials. :RIgyglat,le materials' means materials designated in the current Kith# s Cosa' t wm. tehens ve solid waste maga errtent plan that are transported for re_ clip re Tpcessin . reclaimption or for any roses that kxtracts. �r rr�adifiies thft r�or unodit►� for reuse or another coLnLrEergaliv valua jLiq pumose MAC 1-1--7014 .A.21.0212 Sireglo�-F agilly Customer. 8.21.0213 Solid Waste. "Solid waste" means all pUtryscible and.non tatres ble solid and seml olld wastes includin-c. but knot limled to-garba rubbish refuse ,swill ashes industrial wa tee sewme siudcte, demplition, and. construction wagLes .,,aLw.dbned vehicles or parts 2021 Docket EnabIN g Ordinance December 20, 2022 Page 43 fU1.0214 Solid Waste Company. "Solid waste company" means every common carrier, including a contract carrier, v+ hg • rovidi:s solid waste collection service as authorized by the Washington Utilities Mid Transportation Commission AC 480-70.-O41 . 8.21.0215 Yard Waste. horticulture ardenin landscag)ing, or similar activities. Yard waste includes but is not limited tograss di ins leaves branches brush, weeds, flQw_e_rs roots, windfall fruit, vegetable garden .waste, holiday trees, and tree runin 's twelve inches or less in diameter. 8.21.0216 WUTC. °WUTC" means the Washington Utilities and Trans ortabon Commission. 8.21.030 Residential curbside rec. cli and yard waste collection boundaries. 1. C jrbside Regveling. Curb ide rec,ydlin serviop will be available ,to all .singls� family ustomers.in the Urban growth area of the gfty of Elie sbu lb-e Cily of Cle Elum F osi, and in all Master Planned Resorts. 2. Boamdaries for the - ules�nvels.af clArbslde coliecton of yard Lvaste from jn � le!jL9mily and multifamily customers will be the same. w.._ �— .., 8.21.040 Minimum levels of curbside rsd. clip and and waste O—Ilection service, ecMin :a d ar i wast roll Lion service to be 2rovided by the solid w- sta egyn.panv In gnlgraled Killi#as County dust include the rollowin Single -Family CurbAg l ecycling. A. Si le-famll qg rtiers rageNing curbside garbago coller(Ai6n bervsce M ill receive and gay —for curbside rec cll §ervlce-. 2021 Docket Enabling Ordinance December 20, 2022 Page 44 B. Single-family customers not Lyeeivincl curbside narbage c:oifection service ma contact the solid waste company to receive and be billed for curbside _recyeiino_ service. C. Recyclable Material Collected. The following roc cla le material will be collected from single7fgMily mstornerS ass cified herein. Mater l will be commmin led in each collection container. Tin -coated steel cans. ii. Aluminum cans. ill. Newsoa er including glossya vertisaments and inserts that. are- dolivered with the nervspaaer. iv. Mixed "a -err including .r!iarl. nrioazines. c:attaI — s, phone fianoksr 9ayerback bcaaks. cornouter haver, white and wipped ledger, file fielders, file cards, and chipboard, v. Paper food containers including usper begs. dry food boxes frozen food boxes and milk „cartons. vi. Corns ated cardboard. vii. Plastic containers including boftep, 'ups jars, and dairy tubs. D. Collection Schedule. The recyclable material listed in subsection 1 C of this section must be col ected at least eve atl-Mer week. E. Collection Containers. The solid wasie comoanv shall Provide a minimum Qf one W— ellen blue cart lor car# with blue i sae di sin le f n�fl. customer. Single-family custamems that generate more rei clable material between colleeiaons have the follewino orations i. Reguest additional carts f -n kilie„§olid waste company, Au teal me sir i�l s carts shall be made avail tale b t e WIld waste collector. The solid Waste. col[pa r may chvroe„for additional recycling carts. ii. Ra_gyclables that do not fit withiji Lhe cart may be placed in as cardboard box or container marked ''Rpc clln "for.colkdon and shall be su act to additional cha . m Haul extra reolat,ie nrateral to the ctarst ccaunty ownecl 2021 Docket Enabling Ordinance December 20, 2022 Page 45 recyrilirl f.9 acilitY: There is no ac d3t4or�ai.charae for using the recycling fates 2, Multifamily Curbside Recycling. A. MAI amll customers receiving aurbside rba e g gliaction. service will receive and be billed for curbside repycling service. B. Recclable Material. Collectect �. Al4 the recyclable material listed in subsection C of t is section will be collected from multifa it rrre ps as specified herein._ Material wil! b_e_commingled in each recycling collection cor:tainer. C. Collection Schedule. The recyclable materiaal listed in subsectien (9 RC) of this section must be collected, at;least avery ofFrer week. D. Collection Containers. Carts rnwst.be_placed at each garbs-d coll'eciton locgtian where Mce„fQr mul ple carts . rp steel containers and access for recycling trucks is available. The solid waste company in consultation with the division will determine the correct nu ber of rec Lcling carte or -steel guntainers for each multifamily customer. Eve _gLod must he made by the customer, in coordination with the houling camony, to Provide ade uate s ace to accommodate 0.1 cubic yards of reoveling capagity ger unit er week. 3. Optional Curbside Com astable Organics Collection. A. Curbside -yard waste collection seryice_will be svailabla to all single-family and multifamily customers within the curbside collection .boundaries as follows. L Collection of residential yard waste must be made available to all residences within the peLmanent residential burn ban areas. ii. Addi i nal areas-,eutside the h;jrr.,sn b • undaries in w ich the car Ia:ction 22MULiv and the CpmMy have agreed 'hat adeguate. demand sn rayte Oensity ex��t. will be given mess to +��ll�ction services. B. Sirale-fami1v and multifamily customers will receive and a for curbsideY@rd waste _collection „only if they reguest this service. ervice. C. Materal Collected. The _folltfwjr r»a aria! wi11 be c:crlle tad as saeqified trereiII: 2021 Docket Enabling Ordinanee December 20, 2022 Page 46 i. Sin lie= family: Yard waste a, Yard waste commonly generated while ira ntemir ands and gardens, and through horticulturegardening,landscaping, or similar sctivifles. including, but neat (united„tosgrass clinpinas. igav s; branches brush --we flat rs roots. vvindfail fruit ve etable arden wa§lg. holiday t es and tree runin 's twelve nches or les i diameter. D. Collection Containers. Thesolid waste company w lI provide the number of nineIL-six-Qallon carts requested by the customer. 4. Additional Service Provisions. The fbIlowino orovis9ons annly io the. collection services described „in,this chapter: A. All carts must be standardized,ttirouhout ttye co�tn�+,."he solid waste c o nyv will Enyide Blue carts for Ming and Green f4 for a_ ftJ waste=tD remaln consistent thmudbout. B- T e salid waste con a ny.May refuse to collect curbside rere cli nd comp►astable orgariics. material, Kett for collection if the material will be --- unmarketable due to contamination. If collection is refused. the solid waste not collected.. The customer will have the choice to 2Lean ce Table and Yard waste material or ask the solid waste compgay to dispose of the material :as a tie .at the. qeYt scheduled gick up. . The division in consultation With the solid waste company will develop this information. C. Solid waste company is not obligated to collect contaminated containers when, based on physical and/or e e •n c ►vi ual inspection it 's determined th i I i a recyclables container conta riu'—nQn-reffilataIes ffoursrag_nt.xo the list.of materials set forth in Exhibit B ii a yard debris container pontains material other than vRrd debris and/or iii] arty container contains any un_aggeotable waste. If solid waste con an.. elects not to collect a contaminated c ntainei iu v.+aste COMDany shall n2lft the custra er explaining why. , notice may be rovided by container to email or other meftj2d of cram ignic;ation. Solid waste campan yovill riot knt8yjngIv collect a contaminated cart if contamination is visible by the driver prior to collection. If solid waste 2021 Docket Enabling Ordinance December 20, 2022 Page 47 mmoany servi•es a container, and subsequently discovers contamination in the truck hopper at the stoop„solid waste company may charge the pustomer a centaminatio_n char- b. ursuant to the rates. Such contamin ion ch-awe m be_inciuded _in the customer's regular_ invoice or billed separately. D. The_ solid waste mmr any must clear, up @gy material spill+�d by ftLr_em loyees or eojo orpent.Feilure to do so May result in a fine by the Ki itas County Public Health District.. E. The solisolfJ waste company will riot disrose of curbside recvcliiut material or and waste by landfillinp, incineration, or other means without the written consent of the division. The division will not withhold con.sent_qareA§gLiably in the case of contaminated loads that are unmarketable. When consent is ranted the solid waste warn pan mt re art � typ e oafs at n 1 he naturip of cmPlarnination, the weLght and volume of material dispoWdjand-daIq and method of dis weal to the division within two business da F. The division and the solid Waste Wingan� will discuss the economic yiebillty of any PrppcsWghanuesto qjq lit of recyclable or r 'mate material #o be collected, or to the „sern{ice boundaries. Chancaes in seiyice area boundaries are subject to apprnygl or the county; 1.21:.050_Curbsi+de. recycling and yard waste collection Tales. The solid v_vaste OLOkiny rnu�t use rate, siruetures and billing systems consistent with the solid waste Mana em rit priorities set forth under RCW 70.95.010. 8.21. 80 Courity nea if cation of VVUTC tariff filings, Pur%su, I to WAC 489.20471, the solid waste wmpan� must notify. the division wi en filing. a r'ff vision far ara e. curbsid Oinarandwxil0n. rates witherc the WUI'C far pmosals that might have an effect on customers that reside in Kittitas Cca_ unto. 8.21.070 Pro ram romotion and education requirements. 1. The solid waste comDanv will orpoare and nublish ma servoggs. th#,d vision may direct the solid waste comoan t1► n histribute tinted ma edal to cust +me s. Distn ut on Methods include: Publishing rrraterals o the hauler's website rnai ins a d cart tagging programs. 2021 Docket Enabling Ordinance December 20, 2022 Page 48 2. The solid_was#e company must distribute educational materials to new customers. 3. The solid waste cor�ymustyreoare arid distribute calendars of collection dates to all customers. The calendar must list the solid waste rnpany's phones number and th;;!�V,l;JTt; consumer affairs toll free phone number. ,..,. 4. The solid waste company will not distribute any promotional or educational materials to the customer without pHor review and aptroval of the materials b the division .8.21.08D Reporting Reauiremervts. 1. The solid waste company must submit garbage, curbside recycling, and Yard waste collection data to the division in a format determined b the division on a civaderly basis. These re orts must also include contaminat in rates and 2. a staid waste c:omva must annuall gLr%Lvidq-a-ju_mmary re1portte the 2021 Docket Enabling Ordinance December 20, 2022 Page 49 Exhibit M: Docket Item 22-17 Lot Line and Yard Frontage 17.08.370 Lot line, front. "Lot line, front" means a lot line 1.1-I-- )u4ii-with 1i-cnnttj many public street, private street, right-of-way or other means of vehicular access, other than an alley. {Ord. 2.0l 9-013, 2019; Res, 83-10, 1983) 17.08.590 Yard, front. "Front yard" means any yard ithi -i yg-witli lrgrrtlrc�rgggK inn a public or private street. (Res. 83-10, 1983) 2021 Docket Enabling Ordinance December 20, 2022 Page 50 Exhibit N: Docket Item 22-18 Variance Substantial Construction 17.84.010 Granted when. Pursuant to Title 15A of this code, Project permit application process, the administrator, upon receiving a properly filed application or petition, may permit and authorize a variance from the requirements of this title only when unusual circumstances cause undue hardship in the application of it. The granting of such a variance shall be in the public interest. A variance shall be made only when all of the following conditions and facts exist: 1. Unusual circumstances or conditions applying to the property and/or the intended use that do not apply generally to other property in the same vicinity or district, such as topography; 2. Such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same vicinity or district; 3. 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; 4. That the granting of such variance will not adversely affect the realization of the comprehensive development pattern. A variance so authorized shall become void after the expiration of one year if no substantial construction has taken place. "Substanlia! constructioi'i" ShalI be dcfJned as the c`oA10�1's� t it�)(UPP1,c►► al of one of 111tat; !M (4it.1L'' i!lsaa�.'.ti►n weli�xl t w ith the�lut�xa�ali 1 Residenli+_1.r;o!1e aggi gi RR 1! and the Irtj»ational ft.ri1?inc Code cdine lIQ. The Di :qlak autl�nrized t i u h r t�. rto u exeec d' 36i J s ets�Mgo:jM, l ,nsions shall bc mvcslgd in ip, pELor to weit eX it icm fyntl sb-aJL&Mapjmte fgr wh : sub tart' qqnsl=ion could not take: place. Pursuant to Title 15A of this code, the Hearing Examiner, upon receiving a properly filed appeal to an administrative determination for approval or denial of a variance, may permit and authorize a variance from the requirements of this title only when unusual circumstances cause undue hardship in the application of it. The granting of such a variance shall be in the public interest. A variance shall be made only when all of the conditions and facts identified within subsections A through D of this section arts found by the Hearing Examiner to exist. (Ord. 2012-OQE 2012; Ord. 96-19 (part), 1996; Res. 83-10, 1983) 2021 Doclret Enabling Ordinance Page 51 December 20, 2022 Exhibit Q: Docket Item 22-20 Refuse Disposal/Recycle Limitation KCC 17.15.060.1 58:-�iF�►�l�ci�e�x r�sie��-exls#�ra�•��iaiy-svµF�•aq�gr�er�d-3a�i4�i�s:••PJew-€a�i ii�ies�re 2021 Docket Enabling Ordinance December 20, 2022 Page 52 Exhibit P: Docket Item 22-21 Fiorito Brothers, Inc. (CP-22-00001 & RZ-22-00001) Land use and Rezone Proposal: Rural Working and Agriculture 20 to Commercial Agriculture and Commercial Agriculture A proposal to change the land use and zoning designations of one parcel (12311) from a land use designation of Rural Working to Commercial Agriculture and zoning designation from Agriculture 20 to Commercial Agriculture. Parcel 12311 is surrounded by Commercial Agriculture Land Uses and Zoning designations on all sides. A comprehensive plan amendment (CP-22-00001), rezone application (RZ-22-00001), and SEPA checklist were submitted as part of the application packet. The processing of this non -project specific rezone and land use designation change is consistent with Kittitas County Code 1513.03 Amendments to Comprehensive Plan. [The complete record for this specific proposal can be found on the county website at littps://wewwim.kittitas.wa,usleds/lajid-use/detault.aspx then navigate to "Rezones" and then selecting the "RZ 22-00001 Fiorito Brothers".] Location Tax parcel # 12311, located approximately 1400 feet north of the intersection of 1-82 and Thrall Road off No. 8 Road In a portion of the SE % of Section 30, Township 17, Range 19, W.M.; Kittitas County parcel map number 17-19- 30040-0003. 2021 Docket Enabling Ordinance December 20, 2022 Page 53 Exhibit Q: Docket Item 22-22 Thorp Landing LLC (CP-22-00002 & RZ-22-00002) Land use and Rezone Proposal: Rural Working and Agriculture 20 to Rural Residential and Agricultural 5 A proposal to change the land use and zoning designations of eight parcels (443233, 493233, 19590, 19591, 19589, 19588,19592 and 19593) from a land use designation of Rural Working to Rural Residential and zoning designation from Agriculture 20 to Agriculture 5. A comprehensive plan amendment (CP-22-00002), rezone application (RZ-22- 00002), and SEPA checklist were submitted as part of the application packet. The processing of this non -project specific rezone and land use designation change is consistent with Kittitas County Code 158.03 Amendments to Comprehensive Plan. [The complete record for this specific proposal can be found on the county website at htrps://www.co.kittiras.wzuslcds/land-usel4cfault.aspZ then navigate to "Rezones" and then selecting the "RZ- 22-00002 Thorp Landing".] Location Tax parcels 443233, 493233, 19590, 19591, 19589, 19589, 19588, 19592 and 195933, located approximately 1500 feet northwest of the intersection of N Thorp Hwy and 1-90 off of Thorp Landing Lane in Section 11, Township 18, Range 17, W.M.; Kittitas County. 2021 Docket Enabling Ordinance December 20, 2022 Page 54 Exhibit R: Docket Item 22-23 Flying A Land LLC (CP-22-00003 & RZ-22-00003) Land use and Rezone Proposal; Rural Working and Agriculture 20 to Rural Residential and Agricultural 5 A proposal to change the land use and zoning designations of eighteen parcels (956822, 956823, 956824, 956825, 956826, 956827, 956828, 956829, 956816. 956817, 956818, 956819, 956820, 956821, 536136, 094834,12133, and 958408) from a land use designation of Rural Working to Rural Residential and zoning designation from Agriculture 20 to Agriculture 5. A comprehensive plan amendment (CP-22-00003), rezone application (RZ-22-00003), and SEPA checklist were submitted as part of the application packet. The processing of this non -project specific rezone and land use designation change is consistent with Kittitas County Code 158.03 Amendments to Comprehensive Plan. [The complete record for this specific proposal can be found on the county website at littps://www.co.kittitas.wa.ustcdslland-use/de9atilt.asox then navigate to "Rezones" and then selecting the "RZ- 22-00003 Flying A Land".] Location Tax Parcel numbers 956822, 956823, 956824, 956825, 956826, 956827, 956828, 956829, 956816, 956817, 956818, 956819, 956820, 956821, 536136, 094834, 12133, and 958408 located south of Game Farm Road, 0.5 miles east of Wilson Creek Road 0.5 miles west of Vantage Highway, in Section 32, Township 18, Range 19 In Kittitas County. 2021 Docket Enabling Ordinance December 20, 2022 Page 55 Exhibit S: Docket Item 22-24 Teanaway Ridge LLC (CP-22-00004 & RZ-22-00004) Land use and Rezone Proposal Rural Residential and Rural Working to Rural Residential and Rural 5 A proposal to change the land use and zoning designations of two parcels (346534 and 19132 — which must be sold together) from two land use designations of Rural Residential and Rural Working and two zoning designations of Rural 5 and Forest & Range to a Single Land Use designation of Rural Residential and a Single Zoning Designation of Rural 5. Parcel 17916 is adjacent to the south of parcels zoned Rural 5 in the Rural Residential land use designation. The parcels have a current land use applications for a 2 parcel short plat, shoreline substantial development permit and Conditional Use permit in process wikh WtUtas County for the Yakima River Campground under CUP application number CU-15-00002. A comprehensive plan amendment (CP-22-00004), rezone application (RZ-22-00004), and $EPA checklist were submitted as part of the application packet. The processing of this non - project specific rezone and land use designation change is consistent with lGitltas County Code 1513.03 Amendments to Comprehensive Plan. [The complete record for this specific proposal can be found on the county website at hfitt)s:l/vnuw.cn.kittitas.wit.us/cdsfland-useldefault.asnx then navigate to "Rezones" and then selecting the "RZ- 22-00004".] Location Tax Parcel numbers 346634 and 19132 located south of Highway 10, approximately u.2 miles southeast of the junction of Highway 10 and State Route 970, in Section 4, Township 19, Range 16, bearing Assessor's Map numbers 19-16-04020-0002 and 19-16-04050-0401, in Kitt#m County, 2021 Docket Enabling Ordinance December 20, 2022 Page 56 Exhibit T: Docket Item 22-25 Mardee Lake Inc. (CP-22-00005 & RZ-22-00005) Land use and Rezone Proposal Rezone from Rural Working Land Use and Forest an Range Zoning to Rural Recreation Zoning and Land Use. A proposal to change the land use and zoning designations of four parcels (808335, 818335, 828335 and 838335) from Rural Working Land Use and Forest and Range Zoning to Rural Recreation Zoning and Land Use. Parcel 808335 is adjacent to the north of parcels zoned Rural Recreation in the Rural Recreation land use designation. A comprehensive plan amendment (CP-22-00005), rezone application (RZ-2240005), and SEPA checklist were submitted as part of the application packet. The processing of this non -project specific rezone and land use designation change is consistent with Kittitas County Code 1513,03 Amendments to Comprehensive Plan. [The complete record for this specific proposal can be found on the county website at litti)s:Llyww.co.kittitas.wa.us/cds/laiid-use/�(default.aspx then navigate to "Rezones* and then selecting the "RZ- 22-00005".j Location Tax parcels 808335, 818335, 828335 and 838335, located on Snoqualmie Pass northeast of the 1-90 Exit 54 in Section 15, T.22N, R.11E, W.M.; Kittitas County Parcel map numbers 22-11-15020-0001, 22-11-15020-0002, 22-11- 15020-0003 and 22-11-15010-0002. 2021 Docket Enabling Ordinance December 20, 2022 Page 57 The Planning Staff Kittitas County Amend KCC Commission recommended 22-20 Prosecutor and 17.15.060(1) to be unanimously approval of the CDS Staff consistent with WAC recommended approval amendment as 365-I96-550(3)(a). of the amendment as proposed. proposed, Comprehensive Plan The Planning Staff Amendment from Rural Commission recommended 22-21 Working to Commercial unanimously approval of the CP-22-00001 Citizen Request — Agriculture and Rezone recommended approval proposed RZ-22-00001 Fionto Brothers from Agriculture 20 to of the proposed comprehensive Commercial Agriculture. comprehensive plan plan amendment amendment and and rezone. rezone. The Planning Staff Comprehensive Plan Commission recommended 22-22 Amendment from Rural unanimously approval of the CP-22-0Q002 Citizen Request — Working to Rural recommended approval proposed RZ-22-00002 Thorp Landing Residential and Rezone of the proposed comprehensive from Agriculture 20 to comprehensive plan plan amendment Agriculture 5. amendment and and rezone rezone. The Planning Staff Comprehensive Plan Commission recommended 22-23 Amendment from Rural unanimously approval of the CP-22-00003 Citizen Request — Working to Rural recommended approval proposed RZ-22-00003 Flying A Land Residential and Rezone of the proposed comprehensive from Agriculture 20 to comprehensive plan plan amendment Agriculture 5. amendment and and rezone. rezone. The Planning Staff Comprehensive Plan Commission recommended 22-24 Amendment from Rural unanimously approval of the CP-22-QQOQ4 Citizen Request — Working to Rural recommended approval proposed RZ-22-OQ0Q4 Teanaway Ridge Residential and Rezone of the proposed comprehensive from Forest & Range comprehensive plan plan amendment and Rural 5 to Rural 5. amendment and and rezone. rezone. Comprehensive Plan The Planning Staff Amendment from Rural Commission recommended 22-25 Citizen Request — Working to Rural recommended approval approval of the CP-22-00005 Mardee Lake Recreation and Rezone of the proposed proposed RZ-22-00005 from Forest &Range to comprehensive plan comprehensive Recreation. amendment and rezone plan amendment by a vote of 4 to 1. and rezone. 22-26 WITHDRAWN