Loading...
HomeMy WebLinkAboutPublic Notice to Consider Rescinding Item 22-25 In Kittitas County Ordinance9126123, 10:55AM newspaper-text (11).htmt Public Notice Kittitas County, Eltensburg WA The Board of Kittitas County Commissioners will meet at 2:00 pm on October 17,2023 in the Commissioners'Auditorium, 205 Wbst 5th Avenue, Room I 09, Kittitas County Courthouse, Ellensburg, WA to consider rescinding ltem 22-25 in KittitasCounty Ordinance 2022-017 . For more information, please contact Community Development Services at50g-g61-7506. of the Publish Daily Record : 10105 /2023; l0l I2|Z0Z3 North Kittitas County Tribune: 10/0512023; IO/L2I2023 fi le:///C:/Users/candie.leader/Downloads/newspaper-telit ( 1 1 ). html 'U1 9126123,10:55 AM For more information, contact Public Works www-text (11).html Anyone with an interest in this matter is urged to attend said hearing where all testimony will be taken. Written comments may be received at205 W 5thAve. STE 108, Ellensburg, WA 98926 at or prior to the hearing. Kittitas County complies with all ADArequirements. fi le:i//C:/Users/candie.leaderlDownloads/www-text ('l'l ).html 1t1 BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RBVISIONS 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 Ptan, contains four sections of findings, as follows: ORDINANCE No.2022 - -a1'? Procedural Findings Board of County Commissioners Findings Final Decision and Signatures Changes to Kittitas County Code and Conrprehensive Plan Section I - Section II - Section III - Exhibits A-T - Whereas, Whereas, Whereas, Whereas, Whereas, Whereas, Whereas, Whereas, Whereas, Whereas, Whereas, SECTION I PROCEDURAL FINDINGS Kittitas County opted into the Growth Management Act, RCW 36.70A, volunlarily on December 27, 1990, through Resolution 90-138; and The Kittitas County GMA Comprehensive Plan was originally adopted on July 26, 1996 by the Kittitas County Board of Counfy Commissioners; and Kittitas County Code 158.03.030 indicates that any interested person, including applicants, citizens, county oommission and board members, and staff of other agencies may suggest plan or development regulation amendments for annual consideration by the Kittitas County Planning Cornmission and Board of County Commissioners; and Kittitas County Code 158.03.030 requires amendments to the comprehensive plan or development regulations that are docketed by June 30u'must be approved or denied by the Board of County Commissioners on or before Deceinbsr 3 l't of that same calendar year; and Kittilas 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 offrcial website; and 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 Comtnents were received frorn state agencies and members of the public; and 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 dooket items on September 8,2022 through authority of WAC 197-ll-340; and One timely SEPA appeal was received for the Mardee Lake comprehensive plan amendment and rezone applications (CP-22-0000 5 & RZ-22-AA005); and 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 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 afler deliberation rnade 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 Novemb er 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 presentcd; 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 Decernber 20,2022. SECTION II_BOARD OF COUNTY COMMISSIONERS FINDINGS (icneral Findlnss: 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 mernbers 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 Recommcndation Staff Recommendation 22-01 Kittitas County Amend KCC l7,l l, l7 .08, l7 ,15, 1'l .16, l'1 .22, 17 .24, 17 ,32, 17.36,17.40, 17.44, 17.48, and 17 .52 to implement Interlocal Agreement (ILA) between Kittitas County and the City of Ellensburg regarding development in the Ellensburg Urban Growth Area (Resolution 2022-013). The Planning Commission unanimously recommended approval of the amendments as proposed and recommended that comments from Steve Willard be forwarded to the Board of County Commissioners for consideration. Staff recommended approval ofthe amendment as proposed. 22-02 Kittitas County CDS Staff 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 Planning Commission unanimously recommended denial of the amendment as proposed. Staff rccommended approval ofthe amendment as proposed. 22-03 Kittitas County CDS Staff Housekeeping arnendments to KCC Title 15, 16, and 17. Thc Planning Commission unanimously recommended approval of the amendment as Droposed^ Staff recommended approval ofthe amendment as proposed. 22-04 Kittitas County CDS Staff Amend KCC l?.08 to update definitions of "Accessory dwelling unit,'o "Accessory living quartersr" and "Guesthouse." The Planning Commission unanimously recomrnended approval of the amendment as proposed. Staff recommended approval ofthe amendment as proposed. 22-05 Kittitas County CDS Staff 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. The Planning Commission unanimously recommended approval with a minor amendment and recommended these provisions be extended to the Rural 5 and Rural 3 zoning districts. Staff recornmended approval ofthe amendment as proposed. 22-06 Commissioner Osiadacz Amend KCC 17.44.060 to increase maximum building height in the Highway Commercial Zone lo 40 feet and remove the reference to "stories." The Planning Commission unanimously recommended approval of the amendrneut as proposed Staff recommended approval ofthe amendment as proposed. 22-07 Commissioner Wright Amend KCC 12.05 to allow for vesting of exiting driveway accesses established prior to county road access permits. The Planning Commission unanimously recommended approval of the amendment as proposed Staff recommended approval ofthe amendment as proposed. 22-08 Commissioner Wright Amend KCC 16.12.040 to allow for lots smaller than the zoning minimum lot size in Cornmercial 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 l5 years, The Planning Commission recommended approval as originally proposed but with a minor arnendment, by a vote of 4 to 0 with one abstention. Staff reconrmended a revision of the proposed amendment that would perpetually limit the remainder lot's use to agricultural purposes. 22-09 Kittitas County CDS Staff 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 l8-inch structural The Planning Commission unanimously recommended approval of the amendment as proposed Staff recommended approval ofthe arnendment as proposed. encroachment into setbacks. 22-t0 WITHDRAWN 22-tl Kittitas County CDS Staff Amend KCC 17.80.010 to clarifu that alterations or expansions of nonconforming residential structures shall not increase their nonconformity. The Plannirrg Commission unanimously recommended approval of the amendment as proposed. Staff recommended approval ofthe arnendment as proposed. 22-t2 Kittitas Couuty CDS Staff Amend 17.16.080, 17.18.080, t7.28.060, 17,284.060, 11 .29.07 0, l7 .31.070, and 17.56.060 to remove "to the main building" language. The Planning Commission unanimously reconrrnended approval of the amendment as DroDosed. Staff reconrrnended approval ofthe amendment as proposed. 22-t3 WITHDRAWN 22-14 Kittitas County CDS Staff Ar:rend KCC Title l5A Table A to include Reasonable Use and Public Agency and Utility Exception that were adopted with new critical areas ordinance in202l. The Planning Commission unanimously recommended approval with the proposed staff revision. Staff recommended approval ofthe amendment with one minor revision. 22-15 Kittitas County Solid Waste New Chapter 8.21 that would expand recycling and yard waste services in Kittitas County. The Planning Commission unanimously recommended approval of the amendment with revisions, Staff recommended approval ofthe amendment with revisions as proposed by Waste Management. 22-16 WITHDRAWN 22-t7 Kittitas County CDS Staff Amend KCC 17.08 to clari$, which lot lines and yards are considered "front.t' The Planning Commission unanimously recommended approval of the amendment as proposed. Staff recommended approval ofthe amendment as proposed. 22-18 Kittitas County CDS Staff Amend KCC 17,84.010(4) to add defi nition of "substantial construction." The Planning Commission unanimously recommended approval of the amendment with revision to allow extensions when conditions are outside of anolicant's conlrol, Staff recommended approval ofthe amendrnent as proposed. 22-19 Kittitas County CDS Staff Amend KCC I7.08.290 to provide limitations for employees and customers for home occupations. The Planning Commission unanimously recommended denial of the arnendment. Staff recommended approval ofthe amendment as proposed. 22-20 Kittitas County Prosecutor and CDS Staff Amend KCC 17.15.060(l) to be consistent with WAC 365-l 96-ss0(3)(a). The Planning Commission unanimously recommended approval of the amendment as proposed. Staff recommcnded approval ofthe amendment as proposed. 22-21 cP-22-00001 RZ-22-04001 Citizen Request - Fiorito Brothers Comprehensive Plan Amendment frorn Rural Working to Commercial Agriculfure and Rezone from Agriculture 20 to Commercial Agriculture. The Planning Commission unanimously recommended approval ofthe proposed comprehensive plan amendment and rezone. Staff recommended approval ofthc proposed comprehensive plan amendment and rezone. 22-22 cP-22-00002 RZ-22-00002 Citizen Request - Thorp Landing Comprehensive Plan Amendment from Rural Working to Rural Residential and Rezone from Agriculture 20 to Agriculture 5. The Planning Commission unanimously recommended approval of the proposed comprehensive plan arnendment and rezone. Staff recommended approval ofthe proposed comprehensive plan amendment and rezone. ))-)'4, cP-22-00003 RZ-22-00003 Citizen Request - Flying A Land Comprehensive Plan Amendment from Rural Working to Rural Residential and Rezone from Agriculture 20 to Agriculture 5. The Planning Commission unanimously recommended approval ofthe proposed comprehensive plan amendment and rezone, Staff recommended approval ofthe proposed comprehensive plan amendment and rezone. 22-24 cP-22-00004 RZ-22-00004 Citizen Request - Teanaway Ridge Comprehensive Plan Amendment fiom Rural Working to Rural Residential and Rezone from Forest & Range and Rural 5 to Rural 5. The Planning Commission unanimously recommended approval ofthe proposed comprehensive plan amendment and rezone. Staff recommended approval ofthe proposed comprehensive plan amendment and rezone. 22-25 cP-22-00005 RZ-22-00005 Citizen Request - Mardee Lake Comprehensive Plan Amendment from Rural Working to Rural Recreation and Rezone from Forest & Range to Recreation. The Planning Commission recommended approval ofthe proposed comprehensive plan amendment and rezone by a vole of 4 to l. Staff reconrmended approval ofthe proposed comprehensive plan amendment and rezone. 22-26 WITHDRAWN 22-01 Kittitas County Proposal: Amend KCC 17.11,17.08,17.15, 17.16,11,22,17.24,17.32,t7.36rt7.40,11.44,17,49rand 12.52 to implcment Interlocal Agreement (ILA) between Kittitas County and the City of Ellensburg regarding development in the Ellensburg Urban Growth Area (Resolution 2022-013). The proposed amendments wou Id irnpl em ent Resolu tion 2022-0 I 3 . 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: L 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.ilI. 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 (rConstruction Business and Trades" and "ContractorYard" and amend KCC 17.15 to add "Contractor Yard" to land use tables The proposed amendment to KCC 17.08 and KCC l?.15 would allow contractor yards by conditional use permit in the Ag 5, Rural 5, Ag20, 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 Ceneral 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 Novernber 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.II. 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 Titte 15, 16o and 17. The proposed amendments to KCC Title 15, 16, and l7 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. IL No public testimony for this proposal was received.ilI. The change meets the Growth Management Act and the objectives of the County's Comprehensive Plan, 22-04 Kittitas County Proposal: Antend KCC 17.08 to update delinitions of "Accessory dwelling unito" "Accessory living quartersrtt and ttGuesthouse.tt This amendrnent would amend these definitions to clariS that these uses contain an installed cook source, The Board of County Commissioners held a public hearing on Novernber 29,2022, and approved the request as presented by a 3-0 vote, hnding that: I. The Planning Commission recommended approval to the Board of County Commissioners with a vote of 5-0. IL 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 f 7.08.195 to redefine ftDaycare 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 pennitted 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: L 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. II. Public testimony was received for this proposal. III. The change meets the Growth Management Act and the objectives of the Comprehensive Plan. 2l-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 ttstories.tt 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: L The Planning Commission recommended approval to the Board of County Commissioners with a vote of 5-0. It No public testimony for this proposal was received. IIl. The change meets the Growth Management Act and the objectives of the Comprehensive Plan. 22-A7 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 Cornmissioners 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 obiectives of the Comprehensive Plan. 22-08 Kittitas County Proposal: Amend KCC f6.12.040 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: l. 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 1?.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 l8-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: L 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, IlL The change meets the Growth Management Act and the objectives of the Comprehensive Plan. 22.10 WITHDRAWN 22-ll Kittitas County Proposal: Amend KCC f 7.80.010 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 nonconfonning residential strucfures 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.IIl, The change meets the Growth Management Act and the objectives of the Cunprehensive Plan. 22-12 Kittitas County Proposal: Amend 17.16.080, 17.18.080, 17.28.060, 17.28A.060, 11.29.070, 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: L The Planning Commission recornmended approval to the Board of County Commissioners with a vote of 5-0. II. No public testimony for this proposal was received. IIL The change meets the Growth Management Act and the objectives of the Comprehensive Plan. 21-13 WITHDRAWN 22-14 Kittitas County Proposal: Amend KCC Title 15A Table A to include Reasonable Use and Public Agency and Utility Exception that rvere adopted with new critical areas ordinance in 2021. The proposed amendment to KCC Title l5A Table would include Reasonable Use and Public Agency and Utility Exceptions that were adopted with new citical areas ordinancein2A2l. 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: I. The Planning Commission recommended approval with a staff-recommended revision to the Board of County Commissioners with a vote of 5-0. il. 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 Proposah 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. IL 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 fifront." 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 Novembe r 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. IL No public testirnony was received for this proposal. III. The change meets the Growth Management Act and the objectives of the Comprehensive Plan. 22-18 Kittitas County Proposal: Amend KCC 17.84.0f 0(4) to add definition of '(substantial construction." The ptoposed 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 conshuction 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 f,s 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. IL No public testimony for this proposal was received. IIL The change meets the Growth Managentent Act and the objectives of the Comprehensive Plan. 22-19 Kittitas County Proposal: Amend KCC 17.08.290 to provide limitations for employees and customers for home occupations. The proposed amendment to KCC 17.08.290 would provide limitations for employccs and customers for home occupations in order to lirnit irnpacts 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 recomrnended denial to the Board of County Commissioners with a vote of 5-0.II. No public testimony for this proposal was received. IIL The change meets the Growth Management Act and the objectives of the Comprehensive Plan. 22-20 Kittitas County Proposal: Amend KCC 17.15.060(l) to be consistent with WAC 365-196-550(3Xa). The proposed amendment to KCC 17.15.060(l) 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: L The Planning Commission recommended approval to the Board of County Cornmissioners with a vote of 5-0. II. No public testirnony 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 beeu assigned file numbers CP-22-00001 and RZ'22-00001. Fiorito Brolhers 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-prqject specific rezone is consistent with Kittitas County Code 158.03 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: I. The Planning Commission recommended approval to the Board of County Commissioners with a vote of 5-0. n. No public testimony for this proposal was received. IIL The change meets the Growth Management Act and the objectives of the Comprehensive Ptan. 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 aud a rezone of 72.78 acres from Agricultural 20 to Agricultural 5. A comprehensive plan amendment (CP-22-00002), tezone application (RZ-22-00002), and SEPA checklisr were submitted as part of the application packet. The processing of this non-project specific rezone is consistent with Kittitas County Code 158.03 Amendments to Comprehensive plan. The Board of County Commissioners held a public hearing on November 29,2022 and approved the request as presented by a2-l vote, finding that: I. The Planning Commission recornmended 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-InitiatedProposal: Comprehensive Plan Amendment and Rczone This amendment was proposed by a private citizen and has been assigned file numbers CP,22-00003 and RZ-22-00043. Flying A Land LLC is proposing a comprehensive plan land use map arnendment 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-22-00A03), and SEPA checklist were submitted as part of the application packet. The processing of this non-project specilic rezone is consistent with Kittitas county code 158.03 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: L 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 amendrnent was proposed by a private citizen and has been assigned file numbers CP-22-00004 and RZ-22-OOO04. 'l'eanaway 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 158.03 Amendments to Cornprehensive 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 ihat: I. The Planning Commission recommended approval to the Board of County Commissioners with a vote of 4-0.II. Public testimony was received for this proposal. ilL 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 fourparcels (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 arnendment (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 158.03 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 II. The cornprehensive plan amendment and rezone do not have environmental impacts.III. The County's Critical Areas Ordinancc and other environmental regulations would still apply to future development of the property. ry. 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 r€zone 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- l. IL Public testirnony was received for this proposal. IIL 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, herebyapprovesamendmentstoKCC l?.11, 17.08, 17.15,17.16,17.22,17.24,17.32,17.36,17,40, 17.44,17.48, and 77.52, as shown in Exhibit A. BE IT f,'URTHER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves housekeeping arnendments 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 Kiltitas 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 amendrnent to 17.44.060, as shown in Exhibit E. BE IT FURTHER ORDAINED that the Board of Kittitas County Cornmissioners, after due deliberation, hereby approves arnendment to KCC 12.05, as shown in Exhibit F. BE IT FURTIIER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves arnendments to KCC 16.12.040, as shown in Exhibit G. BE IT FURTI{ER ORDAINED that the Board of Kittitas County Comrnissioners, after due deliberation, hereby approves amendments to KCC 17.08, as shown in Rxhibit 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 L BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves amendments to KCC 17.16.080, 17.18.080, 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 amendrnents 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 arnendments to KCC 17.08, as showr 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 thc Board of Kittitas County Commissioners, after due deliberation, hereby approves amendments to KCC 17.15.060(l), as shown in Exhibit O. BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves a cornprehensive map and rezone,'as shown in Exhibit P. BE IT FURTHER ORDAINED lhat 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 lhe 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 20n day of December2022, at Ellensburg, Washington. COMMISSIONERS , WASHINGTON Brett Commissioner APPROVED AS TO tr'ORM: tr Deputy Clerk of the Bout$- Mandy Buchholz Neil Caulkins, Deputy Prosecuting Attorney signing for Gregory L.Zanpel Prosecuting Attorney lln KjorsvikJulieBoard-theof Exhibit A: Docket ltem 22-Al City of Ellensburg UGA lnterlocal Agreement Chapter 17.08 DEFINITIONS* Sections 17.08.010 Generallv. 17.08.011 Definitions within the Ellensburg,Urban Growth Area (UGA) 17.08,020 Accessory building or accessory use. 17 .08.022 Accessorv dwellino unit. 17 .08.023 Accessorv livino ouarters. 17.08.030 Access road. 1 7.08.0304 Administrative. 17.08.031 Adult Family Home. 17,08.032 Ag ricu ltu re processi ng. 1 7.08.033 Aoriculture oroduction. 1 7.08.034 Agricu lture sales. 17.08.0344 Aoriculture sales - enhanced. 17.08.0348 Agricultural enhanced uses (AEU). 1 7.08.034C Ag ricu ltura I d irect marketing activities. 1 7.08.034D Agricultural seasonal harvest festivities, 1 7.08.034E Agricultural expanded seasonal harvest festivities. 17.08.035 Agriculture Study Overlay Zone. 17.08.040 Airoort. 17.08.050 Alteration. 17.08.060 Amendment. 1 7,08.06-3 Amenitv funds, 17 .08.067 Animal boarding. 1 7.08.068 Animal Crematory. 17.08.070 Reoealed. 17.08.100 Auto wrecking yard. 1 7.08.1 01 Batterv charoino station. 17.18lAZ Battery electric vehicle (BEV). 1 7.08.1 03 Batterv exchanoe station. 17.08.105 Bed and breakfast. 17.08.110 Board. 17.09j20 Repealed. 17,08.130 Buildino. 17.08.135 Building height. 1 7.08.140 Buildino line. 17.08,150 Repealed. 17.08.155 Camooround. 1 7.08,1 55A Camooround. orimitive. 17.08.156 Campsite. 17.08.157 Camping unit. 1 7.08.1 58 Charging levels. 17.08.190 Clinic. 1 7.08.1 61 Clubhouses, fraternities and lodges 17.08.162 Reoealed. 17.08.163 Reoealed. 1 7.08.1 65 Commercial activities associated with agriculture 17.08."170 Commission. 17.Q8.171 Common area 1 7.08.1 B0 Conditional uses. 1 7.08.1B3 Conservation easement. 17.08.187 Conservation or resource values. 17.08.188 Countv 17.08.190 Countv arterial road. 17.08.191 Critter pad. 1 7.08.195 Dav care facilities. 17.08.197 Densitv(ies). 17.08.198 Reoealed. 17.08.198A Develoo 17.08,1 98B Development 1 7.08.1 99 Develooment rioht. 17.08.199A Director 17.08.200 Dwellino. 17 .08.21 O Dwellino. mu ltiole-familv. 17 .08.21 1 Dwelli no. sinole-familv 17,08.220 Dwelling, two-family. 17.08.221 Electric scooters and motorcycles. 17 .08.222 Electric vehicle. 17.08.223 Electric vehicle charging station. 17.08.2234 Electric vehicle charging station - restricted. 17.08.2238 Electric vehicle charging station - public. 17 .08.224 E lectric vehicle infrastructu re. 17.08.2244 Electric vehicle parking space. 17.08.225 Exolosives. 17.08.226 Explosives Magazine. 17.08.227 Exolosives Process Buildino. 17 .08.228 Explosives, Storage or Manufacture. 17 .08.229 Extremelv hazardous waste.l 17.08.230 Familv. 17.08.240 Repealed. 17.08.250 Farm. 17,08.255 Farm labor shelter. :1 7.08.2554 Farm visit. 17.08,256 Farm stands. 17.08,260 Feedlot. 17.08.261 Forestrv 17 .08.261 A Forest oroduct processino 17.08.2618 Forest product sales 17.08.261C Freighting and trucking yard or terminal 17.08.262 Golf Course. 17.08.2624 Grade 17.08.2628 Gradino 17.08.262C Grazino 17.08.263 Grouo care facilitv. 17.08.265 Group home. 1 7 .08.268 Guest houses. 17.08.270 Guest ranch or guest farm. 1 7.08.280 Hazardous waste. 17.08.281 Hazardous waste facility. 17 .08.282 Hazardous waste storage. 1 7.08.283 Hazardous waste treatment. 17 .08.290 Home occu pation. 17.08.300 Hosoital. 17.08.310 Hospital, animal or veterinary. 1 7.08.320 lmoound/towino vard. 17.0B.321 lnfill. 17 .08.324 lnterlocal ag reement. 1 7.08.326 lnteroretive Center. 17.08.327 Reoealed. 17.08.329 Junk. 17.08.330 Junkvard. 17.08.340 Reoealed, 17.08.360 Lot. 17.08.361 Lot. flao 17.08.370 Lot line, front. 17.08.380 Lot Iine, rear. 17.08.390 Lot line, side. 1 7.08.390A Lot, through 17,08.391 Manufactured home. '17 .08.392 M a nufacturing 1 7.08.392A Mariiuana orocessino 1 7.08.3928 Mariiuana oroduction 17.08.392C Marijuana retail sales 17.08,393 Medium-speed electric vehicle. 17.08.395 Repealed. 17.08.396 Reoealed. 1 7.08.397 Mini warehouse. 17,08.3974 Mininq and Excavation 17.08.398 Mobile home. 17,08.399 Modular home. 17.08.400 Renealed. 1 7.08.408 Neighborhood electric vehicle. 1 7.08.41 0 Nonconforming use. 17.08.415 Nurseries. 17 .08.412 Non-electric vehicle, L7 .08.420 Nursino home. 17.08.421 Office 17 .08.424 Off-site hazardous waste facilities. 17 .08.427 On -site haza rdous waste facilities. 17.08.428 Open space 17,08.430 Outdoor advertising signs and billboards. 1 7.08.430A Overlay zone/district 1208.4308 Ownership i 7.08.43i Park model trailer. 17.08.440 Parkino space. 17.08.445 Parks and olavorounds. 1 7.08.450 Planned unit development. 17.08.455 Planning commission or commission. 17.08.455A Plug-ln hybrid electric vehicle (PHEV). 17.08.456 Repeoled. 17.08.457 Public facilities 17.08.460 Public office building. 17,08.461 Raoid charoino station. 17.08.462 Receivino site. 17 .08.463 Recreation, indoor. 17 .08.464 Recreation, outdoor. 17 .08.465 Recreationa l vehicle. 1 7.08.465A Recreational vehicle park. 1 7.08.465 B Recreationa I vehicle/eq u ipment service and repa ir. 17.08.466 Refuse disoosal/recvclino 17.08.467 Relioious institutions 17.08.468 Resource based industry 17.08.469 Restaurant 1 7.08.4694 Retail sales 17.08.470_ Rezone. 17.08.47 1 Rock Crushing 17.08.47 1 4 R.V. Storage 17.08,172 Services 17.08.480 School. oublic or orivate. 17.08.485 Shootino ranoe. 17 .08.487 Sending site. 1 7.08,490 Small-scale event facility. 17.08.500 Soecial care dwellino. 1 7,08,5 1 Q Structural alteration. 17.08.520 Structure. 17.08.530 Reoealed. 17.08.535 Reoealed. 17.08.540 Trailer park, trailer camp, trailer court and mobile home park. 17.08.541 Trails, 17.08.542 Transfer of development rights (TDR). 1 7.08.543 TDR certificate. 17.48.544 TDR certificate letter of intent. 17.08.545 TDR credit. 17.08.546 TDR orooram. 17,08.547 TDR sending site application. 17.08.550 Use. 17.08.550A U-oick/U-cut ooerations. lTOBJOQ Variance. 1 7.08.5604 Vehicle/equipment service and repair 1 7.08.5608 Warehouse and Distribution 1 7.08.560C Watershed management facilities 17.08.561 Winerv. '17.08.570 Yard. 17.08.580 Yard deoth. 17.08.590 Yard, front. 17,08.600 Yard, rear. 17.08.610 Yard, side. 17.08.620 Yurt. * Prior history: Ords. 82-7-2,79-2-3,77 -12,77 -12,76-3,75-9,73-3, 68-17 1, Renumbered from 17.08.225 by Ord. 2018-021,2018 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) 17.08.011 Definitions within Ellensburg Urban Grorvth Area (UGAI, Within the City of Ellensburg UGA. the definitions in KCC 17.11.036 shall apply. Where terms are not defined KCC 17.1 1.036. the definitions in KCC 17.08 shall apBly, 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. 201 3-001, 2013i Res. 83-10, 1 983) 17.O8.O22 Accessory dwelling unit. "Accessory dwelling unit" means separate living quarters detached from the primary residence. (Qrd. 2013-008.2013; Ord.2013:001,2013; Ord.2010-014, 2010; Ord. 0-2006-01, 2006) 17.08.023 Accessory living 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) 1 7.08.030 Administrative "Administrative" means a discretionary action or permit decision made without a public hearing. (Olcl. 20'13 00i ,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. (Ard-?p1l:04L,2013; Ord.2007-22,2007) 17 .08.O32 Agricultu re 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 p repa ration. (Or d-ZQl.3:8Q1, 201 3) I 7.08.033 Agriculture production "Agriculture production" means raising of crops, animals and other agricultural products. Definition excludes feedlots, which are defined separately. (Qfl-2-111-*805 , 2014;.Arrl,2tr!3:091, 2013) 1 7.08.034 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.. (Atd.Jga1_-!l_5 , 2021; Olcl-.?Q13:QQ1,2013) I 7.08.034A 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. ffl-20J3 UL 2014; 17.08.0348 Agricultural enhanced uses (AEU) "Agricultural enhanced uses (AEU)" refers to a use that is accessory 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. (Q"r'cl. Z0Zl-0tS,2021; Ord.2016-023, 2016) 1 7.08.034C Agricu ltura I 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.9. crafts, antiques, kitchen goods, etc.), educational classes and tours, commercial farm rides on premises, and temporary food services. (Otd,2021-Q15,2021) 1 7.08.034D Agricultural seasonal haruest 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.9. corn mazes, craft booths, etc,), (Otd. ?021-015, 2021) 1 7.08.034E Agricultu ra I 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 Haruest Festivities is to allow direct marketing of crops to the public. lt is not to provide alternative ways to create permanent or semi-permanent sales businesses that would othenrvise require a zone reclassification to a commercial zone. (Qrd, ?021 015,2021) 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. 17.08.040 Airport. "Airpoft" means any area of land or water designed and set aside for landing and taking off of aircraft. (Res, B3-10, 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 ('l) trade or use to another or from one (1) division of a trade or use to another. (Qtd-2Q13:0Qf , 2013; Res. 83-1 0, 1 983) 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) 1 7.08.053 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 An imal board ing. "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. (Orc|.2019-013,2019; Ord.2013- 001, 201 3; Ord. 2009-25, 2009; Ord. 2007 -22, 2007) 1 7.08.068 Animal Crematory. Animal Crematory: A dedicated area within a building approved for animal cremation services or an accessory building wherein animal remains are cremated. (Ord. 2021-0'15 , 2021) 17.08.070 Repealed. (Ord. 201.3-0{L 2013; Res. 83-1 0, 1 983) 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 19.28 RCW and consistent with rules adopted u nder ltCW 1 9.27.540. (Ord. _201 'l :01 3. 201 1 ; Res. 83- 1 0, 1 983) 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. (Qld ?O]_-?-"Opt,2013; Qld. 20'l 'l "0,!-3,2011; Res. 83-10, 1983) 17.08.103 baftery 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 BeW 19.27.54Q. (Qrd,28:!liQ01, 2013; Ord. 201 1-01J,2011; Res. B3-10, 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. (QrrJ. 2813'001, 2013; Ord. 93-21 (part), 1993) 17,08.110 Board. "Board" means Kittitas County Board of County Commissioners. (Ord-?0l Ltl_O_} 2013; Res. 83-10, 1 e83) 17.08.120 Repealed. (Oxl-20 1 2'009, 201 2; Res, 83- 1 0, 1 983) 17.08.130 Building. "Building" means a structure having roof supported by columns or walls for the shelter, suppoft or enclosure of persons, animals or chattels. (Res.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. (Orrl.2013f0Q1, 2013; Or{ ?010-0i4, 2010) 1 7.08.140 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) 17.08.150 Repealed. ()d."0l3:001, 2013; Res. 83-1 0, 1 983) 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. (C:rcl. 20?'l-01_5 ,2021; Afd-?![3:Ua 2013; 8xL?013:9Q1, 2013;Ord, 2007-22,2007) 1 7.08.1 55A 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 grates. Dispersed camping is not allowed in the vicinig 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 pavernent are allowed except for paved road aprons or similar. (Ord. 2018-021, 2018; Ord, 201 5-010, 2015) 17.08.155 Camp site. "Camp site" means a specific area within an RV park or campground that is set aside for use by a camping unit. (Ord. 201 3-001, 201 3; 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) I 7.08.1 58 Charging levels. "Charging levels" means the standardized indicators of electrical force, or voltage, at which an electric vehicle's battery is recharged. The terms "1:' "2:'and "3" are the most common EV charging levels, and include the following specifications:r Level 1 is considered slow charging.. Level 2 is considered medium charging.o Level 3 is considered fast or rapid charging. (Ord,2013-001 ,2O13; Ord. 2Q11-013, 201 1; 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) I 7.08.1 61 Clubhouses, fraternities and lodges. "Clubhouses, fraternhies 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. (qrd. 2013-0U,2O13i Ord. 2013-001, 2013) 17.08.163 Repealed. (Qrd-eQ13:A]4 2013; Ord. 2013-001, 2013) 1 7.08.1 65 Commercial Activities 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 36.704,177(3) as currently existing or hereafter amended, and shall be limited to lands with poor soils or those unsuitable for agriculture. (Ord. ?01 8-001, 201 8; Ord. 2009-25, 2009) 17.08.170 Commission. "Commission" means the Kittitas County Planning Commission, {Qrcl. 2013 001.,2013; Res. 83-10, 1 983) 17.08.171Common area "Common area" means land commonly owned to include open space, landscaping or recreation facilities (e.9., typically owned by a homeowners' association or by the State through conservation easements), (Qrrl. 201 3-001, 2013) 17.08.180 Conditional uses. For the definition of "Conditional uses" see "Use" (OcL AUS_-!0-1 , 2Q13; Res. B3-10, 1983) 1 7.08.1 83 Conseruation 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. lt 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 Conseruation 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. (AdJ0l"3:00'i, 2013; Ord. 2009-25,2009) 17.08.188 Coun{ "County" means the County of Kittitas, Washington. (Clrrl. ?013-001 ,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. (O6L2A]3:001,2013; Res.83-10, 1983) 17.08.191 Critter pad. "Critter pad" means livestock flood sanctuary areas. (Otrd, ?A]3-0Ul ,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. (Qrcl.2013-00'1,2013; Ord.90-15 5 1, 1990) 17 .08,197 Density(ies). "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. lt does not include land previously dedicated as right-of-way. Densig is a measurement used generally for reside ntia l uses. (Ord. 201 31C01., 201 3; Ord. 2007 -22, 2007) 17.08.198 Repealed. (ord. 201 -012 , 2013; Ord?01.i.001 ,2013; Ord.200T-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. 2013-00_1, 2013) 1 7.08.1 988 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 lmprovements. (Qr_1!.ZQllr00!, 2013; orc]- l0l_1 Q01, 2013) 1 7.08.1 99 Development right. "Development right" rneans 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 Coun$ Community Development Services department or designee. (Orcl. 2llrll{Q1, 201 3) 17.O8.20A Dwelling. "Dwelling" means a building or portion thereof designed exclusively for residential occupancy. (Res. 83-10,1983) 17.O8.210 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. 83-10, 1983) 17.08.211 Dwelling, single-family "Single-family dwelling" means a dwelling designed or used for occupancy by one (1 ) family. (Ord. 2013-001,2013) 1 7 .O8.22O Dwelling, two-family. "Two family dwelling" means a building designed exclusively for occupancy by two (2) families living independently of each other. (Qrd. 2CI13:00'i, 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. (Q1d*20L3:001 ,2013; Old. 201 1-013, 201 1; Res. 83-10,1983) 17 .48.222 Electric veh icle. "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. (Qd-?01I 01. ,2Afi; Res. B3-10, 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-2Q1,1":013, 2011; Res. B3-10, 1983) 17.O8.223A 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.9., single-family home, executive parking, designated employee parking) or (2) publicly owned and restricted (e.9" fleet parking with no access to the genera I p u b I ic). (Q_d-2l)l!_-! 13, 201 1 ; Res. 83- 1 0, 1 983) 17.08.2238 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.9., Park & Ride parking, public library parking lot, on-street parking) or (2) privately owned and publicly available (e.9,, shopping center parking, non-reserved parking in multi-family parking lots). (Or"d-201'LU3 ,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. 201 1-013,2011; 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-20'tl013 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. ln addition the term "explosives" shall include all material which is classified as division 1.1. 1.2, 1.3, 1.4,1.5, 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. (QrcL 201-0-02!, 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 plocess 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. Qrd-?01-8-0ZL 201 8) 17.08.228 Exploslves 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, 201B) 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-ZO'!_A+eL 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 uniL 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 traveltrailers provided alltrailers 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. Enha nced a g ric u ltu ra I sales a re a llowed. (QLd-?01*4-0 1 5, 201 4:) 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. (Ad*&!l"U!, 2015; Otd-2-AH.0ll , ?014; Ord. 2013-001, 201 3; 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. {Ofd,20'l_3_-001 ,2A13; Ord.91-4 1991: Res.83-10, 1983) 17.08.261Forestry. "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--00f , 2013) Repealed by Ord. 2009-25. (Ord.2009-25, 2009; Ord. 200113 (pan), 2001) 1 7.08.261 A Forest product processing. "Forest product processing" means the harvesting and commercial production of forest products including but not limited to saw mills, chippers, log softing and storage. (Orcl, 2013-001 ,2013) 17,08.2618 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, (Ord. 2013-001, 2013) 17.08.261C 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. 2013-00!,2A13) 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. {4d..:!13:001 , 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 bu i l di ns. (odJO13 -001, 2013) 17.08.2628 Grading "Grading" means all cuts, fills, embankments, stockpile areas, and equipment maneuvering areas associated with development. (Ord. 201'3-001 ,2013) 17.O8.262C 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.2013-00'1,2013) 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. lf 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 . (Qrcl, ?0 1 B -001, 20 1 8; Q. Lrl,-?0 lJ*9_Q.j", 201 3; 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. (Qre| 2013-001,2013; Ord.87-9 5 1,1987) 17.08.256 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 (Orcl, 2013-00'l , 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, 2014-015, 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 Part26l and regulated as hazardous waste by the United States EPA. (Ord.93-1 (part), 1993) 1 7.08.281 Hazardous waste facility. "Hazardous waste facili$" 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 othenruise specific in this chapter, the terms "facility," "treatmen!" "storage," "disposal facility" or "waste management facility" shall be used interchangeably. (Ord. 93-1 (part), 1993) 17 .A8.282 Haza rdous 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 173-30 -200 and 173-303-201 . (Ord. 93-1 (part), 1993) I 7.08.283 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), 1 993) 17 .08.290 Ho me occupation. "Home occupation" means any lawful profession, craft or service commonly carried on within a 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 (241hour 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. (Ot"t!_, 2013-001 ,2013; Res. B3-10, 1 983) 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) 1 7.08.320 lmpound/towing Yard. "lmpound/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.(Q&|. 2014-Ql.5,2014; QLd*2*0,1j_0Q-1 , 2013; Res. 83-10, 1983) 17.08.321 lnfill. "lnfill" means the development of new housing or other buildings on scattered vacant sites in a built- u p a rea. Lorcl. 20 1 3 - 001, 201 3; Ord. 2007 -22, 2007) 1 7.08.324 | nterloca I ag reement. "lnterlocal agreement" means a legal contract between two (2) or more localjurisdictions (cities and counties) that specifies the condition under which TDR credits may be transferred (typically from an unincorporated county into an incorporated city). lnterlocal agreements must be endorsed by the legislative bodies of both jurisdictions. (Ord.2013,001,2013; Ord. 2009-25,2009) 1 7.08.326 lnterpretive Center. An institution for dissemination of knowledge of natural or cultural heritage of the surrounding area. {ad-za1&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. ldentification of intervening ownership shall be processed consistent with Kittitas County Code 17.60B Administrative Uses, (grcl-?O13-001, 2013; Ord. 2009-25, 2009; Ord. 2007 -22, 2OO7) 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 eq u i p m ent. (QLcl- 291 -3:Q8jl, 2A1 3; Ord. 2A07 -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. (QrrL ?013 001 ,2013; Ord.2007-22,2007; Res. 83-10, 1983) 17.08.340 Repealed. (Olci. 2013-Q01 , 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 lotwith 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. (Qrd- 2013-0ot ,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 vehicularaccessr otherthan an alley. (Ord. ?019-0'13,2019; Res, 83-10, 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. 83-10 1983) 17.08.390 Lot line. side. "Side lot line" means any boundary line not a front or rear lot line. (Res. 83-10, 19B3) 1 7.08.3908 Lot, through. "Lot, through" means a lot that has frontage on two (2) easements (public or private) for access. (Ord. 201 9-013, 2019; Orcl. 201 3-001, 201 3) 1 7.08.390C Street frontage. "Street frontage" means the linear frontage of a parcel or property abutting a street or vehicular access easement, (g_Id"?0L9_01 3, 201 9;) Note: A scrivener's errorin Ord,2019-013, Exhibit D, incorrectlynumbered this section as 17.O8.790C, and incorrectly references Res, 201 2-78 (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 (B) 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 Depaftment of Labor and lndustries. 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 lndustries. (Ord.2Ql&001,20'13; Ord.9822 (part), 1998) 17 .08.392 M a nufactu ri ng "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) 1 7.08.392A Marijuana processing "Marijuana processing" means the preparation of marijuana products including, but not limited to, boxing, bulk packaging, portioning, labeling, or the crea\ion of marijuana derivative and edible products. Qrd- ZO'!4-04!, 201 4;) 1 7.08.3928 Mariiuana production "Marijuana production" means any operation to raise or produce marijuana. (Qtd-20'!4-00,1, 2014) 1 7.08.392C Marijuana, retail sales "Marijuana, retail sales" means any operation or business selling, distributing, or dispensing usable marijuana or mar'ljuana-infused products which have been prepared, processed, or packaged for end user consumption.(Ord. 201_4-CI!5 201 4;) 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 thirly-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. 83-10, 1983) 17.08,395 Repealed. (ord. 2014-015 ,2014; ord. 2014-0_04,2014; Ord, 2013-001. 2013; Res. g3-10, 1903) 17.08.396 Repealed. (Ord. 2013-001 ,2013; Qrd.2007-22, 2007) 1 7.08.397 Mini warehouse. "Miniwarehouse" means a building or group of buildings containing individual compartmentalized access stalls or lockers for the dead storage of customers' goods or wares. Qfd*ZOU-0qt,2013; Ord. 83-2-2 (part), 1 983) 17.08.397A Minlng and Excavatlon. "Mining and excavation" means exffaction 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 bb excavated from natural deposits on or in the earth for commercial, industrial, or construction use. (Qtd.20'13-00'!, 201 3) 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 lndustries. LOrd. 201 3-001, 2013; Ord. 98-22 (pa rt), 1 998: Res. 83- 1 0, 1 983) 1 7.08.399 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{our (846) square feet of enclosed living area. A modular home shall be considered a "dwelling" or "single- family residence". A "modular home" constructed to lnternational Building Code standards and bearing the gold insignia from the Washington State Department of Labor and lndustries shall be considered to be a single-family residence. (Ord.2013-001 ,2013;Ord.2007-22,2007; Ord.9B-22 (part), 1998: Ord.93-21 (part), 1993) 17.08.400 Repealed. (Ord. 2013-001 ,2013; Res. 83-10 1983) I 7.08.408 Neighborhood electric vehicle. "Neighborhood electric vehicle" means a self-propelled, electrically powered four-(4)-wheeled motor vehicle whose speed attainable in one (1) mile is more than twenty (20) miles per hour and not more than twenty{ive (25) miles per hour and conforms to federal regulations under Title 49 C.F.R, Part 571.500. (Qrd. 201 3-001. 201 3; Ord. 201 1 -01 3, 2011; Res. B3-1 0, 1 983) I 7.08.41 0 Nonconforming use. For more information on "nonconforming use" see "Use". Q1d-ZOE:AO'!.,2013; Ord.2007-22,2007; Res. B3-1O 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. 201 1-013 , 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 roc( topsoil, and mulch, conducted within or without an enclosed building. (Ord. 20i B-021, 2018) 17.O8.42O Nurcing 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. Q1d-ZO'E:AEL 2013; Res. 83-10, 1983) 17.08.421Office ''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 haza rdous waste faci lities. "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 O n -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) 17.08.428 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. (Ord. 2013-001, 2013) 17.08.430 Outdoor advertislng signs and billboards. 1. "Outdoor adveftising 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) 1 7.08.43 0A Overlay Zoneldistrict "Overlay zoneldistrict" 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. (Qt:d"?01_3-pq1 ,2013) 17.08.4308 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. (QLd-20-13:Q01, 2013) 17,09.431 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. lt has a gross trailer area not exceeding four hundred (400) square feet, (Qlcl. 201j:40L, 20i 3; 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-2913-0J?,20'13; QrL20lLtrCtl,2013; Ord.2005-35,2005) I 7.08.450 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. (Ofd J013-3Ql,,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 (PHEV). "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, 20i 1-013 ,2011; Res. 83-10, 1983) 17.08.456 Repealed. (Qlci. 201,s"01 0, 201 5) 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. (Orc{. 2013-00'1, 2013) 17.08.450 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- 1 0, 1 983) 17.08.461 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 $49 (Qr'd"201.1J813, 201 1) l7 .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) 1 7.08.463 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 hall, billiard hall, theaters, indoor tennis and racquetball courts, and indoor swimming pools. This definition excludes stadiums. lndoor recreation uses for the private use of the landowner are permitted outright, (Ord. 2013 012 , ?013) 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. 2.013:q1?,2013) 17 .08,465 Recreationa I 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 lnternational Building Code standards. A recreational vehicle has a green and silver insignia from the Department of Labor and lndustries. (OrclJ-013-001. 2013; Ord. 2007-22, 2007; Ord.98-22 (part), 1998) 1 7.08.465A Recreational vehicle park. "Recreational vehicle park" means land designed to accommodate predominantly recreational vehicles (RVs) 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. (Ord,2013-012, 2013) 1 7.08.465 B Recreationa I vehicle/eq u ipment seruice and repair. This definition is the same as "Vehicle/equipment service and repair" (KCC 17.08.5604) 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. (Orcl. 2019- 013,2019' 17 .A8.466 Refuse d isposal/recycling. "Refuse collection/recycling" means a facility for the collection of solid waste or recyclables for softing, compaction, composting, processing (including changing the form of materials) or transfer to a landfill. This definition excludes concrete recycling. (_O3|?_Q]],mL, 2013) 17 .08.467 Religious i nstitutions. "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. (Orrl; 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. aq:1.3:,Q0-1, 2013) I 7.08.469A 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. 20'l4-015, 2014; Qrd.2O14-00A, 2014: Ord. 2013-001 ,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 originalzoning. (Res. B3-10 1983) 17.08.47 I Rock Crushing. "Rock crushing" means an activity which reduces the size and weight of rock material into useable bui ld i ng or landscaping materia l. (Ord-2!l J:QQI, 201 3) 17.08.459 RV Storage. A commercial indoor and or outdoor space/area used to store recreational vehicle for any amount of time.. (ord. 20J B-0_01, 201 3) 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. (Qt'd, 2013-001. 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 th is defi nitio n. (Qrd*.?0,i3--00 i, 20 1 3; Res. 83 - 1 0, 1 983) 17.08.485 Shooting range. "Shooting range" means an area or facility designated or operated for archery (ncluding 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. lncidentaltarget practice areas on private property. (Qrd. 2013-001 ,2013; Ord. 2009-25, 2009) 17.08.487 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) 1 7.08.490 Small-scale event facility. "Small-scale event facility" means a facility that is open to the public for events, seminart wedding or other social gatherings. May include eating and food preparation facilities provided meals are only served to guests attending events. (O.rd. 201 3 -0 1 2, 2013: Ord._?Q1 3-001 . 2013; Ord. 98-22 (part), 1 998) 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) 1 7.08.51 0 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 walls, columns, beams or girders. (Res. B3-10, 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. (Qrd-. 2015.-0lO 2015; Res. B3-10, 1 983) 17.08.530 Repealed. Qrd-2E13:001, 2013; Res. 83-1 0, 1 983) 17.08.535 Repealed. 17.08.540 Repealed. (Ord. 2013-001, 2013; Res. 83-10, 1983) 17.08.541 Trails. "Traib" means man-made pathways designed and intended for use by pedestrians, bicyclists, equestrians, snowmobiles and other recreational users togetherwith associated parking and trailhead facilities. (Ord. 2013-012, 2013) 17.08.542 Transfer of development rights (TDR). "Transfer of development rights (TDR)" means the transfer of the right to develop or build from sending sites to receiving sites. (Ord. 20'l 3-001, 2013; Ord. 2009-25, 2009) 17 .08.543 TDR certifi cate. "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. (0rci..lQl"3_:00J, 201 3; 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. 2009-25,2A09) 17.A8.547 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 17.608. 3. "Administrative Conditional use" means a use which may be permitted in a zone classification following review under the provisions of KCC Chapter 17.60A. 4. "Conditional use" means a use which may be permitted in a zone classification following review and hearing under the provisions of KCC Chapter 17.60A 5. "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. (Orct.2018'0-01, 2018;Qrd..ZQ7tr:9-12,2013; Ord, 2013-001, 2013; Res, B3-10, 1983) 1 7.08.550A U- Picly'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. (oLcl. 2014$15,2014;) 17.08.560 Variance. "Variance" means a waiver of the strict interpretation of the requirements. lt is a special dispensation given to the petitioner to disregard certain stipulations in the zoning code in order to develop his property, (Res. 83-1 0, 1 983) 1 7.08.560A Vehicle/equ ipment service a nd 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) 1 7.08.5608 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 seruice manufacturing and retail establishments. Agriculture products and Hay Storage are not included in this definition. (Qrd-202!:015,2021;) 1 7.08.550C 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. 2013-001,201 3) 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, ortasting 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. 83-10, 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.83-10, 1983) 17.08.510 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. 83-10, 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 17.1 1.010 Puroose and lntent. 17 .1 1.O20 lnteroovernmental Review. 17.1 1.030 City of Ellensburg Urban Growth Area lnterlocal Agreements. 17.11.031 Conflicts 17.1 1.032 Adoption by refererrce and modified code sections 1 7.1 i.033 Aoolicabilitv 17.11.034 Airoort Zone 17.1 1.035 County/Ci[v Zoning conversion chart 17.11.036 Definitions 17.1 1,037 Permitted Uses 17.11.038 Buildinq Setback and lntensitv Standards 1 7.1 1.039 Off-Street Parking 17 .1 1.040 I nfrastructu re. 1 7.1 1.050 Minimum Density. 17.1 1.060 Maximum Lot Coverage. ADD SECTION ADDITIONS ONCE COMPLETED 17.11.010 Purpose and lntent. 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) 17.71.O2O lntergovernmental Review Proposed projects occurring within the Urban Growth Area shall bejointly reviewed with the associated city. (Ord. 2007 -22, 2007) 17.11.030 CiU of Ellensburg Urban Growth Area lnterlocal Agreements{14}. t}ec€n €d} Kittitas County and the Cily of Ellensburo have adopted an interlocal agreement to f,acilitatg. the order:ly transition of urban services from the County to the City throughout the Urban Growth Area fUGA) and to coordinate and manage growth and develonment within the UGA. Permit process and development standards outlined in KCC 17.11.030 through KCC 17.11.039 are aqlqpted for application to properties within the City of Ellensburg Urbqn Growth Area. These sections shall take effect on June 30. 2023. These provisions shall not apply to the Airport Overlay or properties not requesting City of Ellensburg water and sewer utility extensions. (grU-Zgg-a:n:geZ) 17.11.031-Conflicts lf there is a conflict between the provisions vr{ithin KCC 17.1 1 or the llA and other sections of Kittitas County Code. KCC 17.04,020 and 17.04.040 shall be utilized to resolve the conflict. When 17.04 is utilized to resolve a conflict the county will notify the city* 17.1 I .032 - Adoption by reference and modified code sections Resolution No. 2022-1. a resolution authorizing execution of an interlocal agreement with the City of Ellensburg regarding development in its Urban Growth Area (UGA), is adopted by reference except as amended by the provisions 17.1 1,030 through 17.11.039. Provisions shall apply to City of Ellensburg code sections as currently adopted as of the date of Resolution No. 2022-1 or hereby amended in the future by the City. This includes the following Chapters of the CiV of Ellensburg code: Exhibits A (Ellensburg UGA rnap) and B (Future Land Use Map) within Resolutiorr No. 2022-1 are provided for reference only and do not modify the UGA boundary or change the land use designatiorr of any property, The UGA boundarv and land use designations of prope[Les are identified within tlre Kittitas CounW Comprehensive Plan. The followinglGity of Ellensburg code sections have been rnodified as provided for within this code section. Thev include: 1 7.1 1.033 Annlicabilitv This Agree.rnent applies to the lands within the Ellensburg Utban Growth Area as currently adopted and identified in the County Cornprehensive Plan, as of the date of execution of Resolution No. 2022- 1 and hereby amended in the future. Where the ILA does not identify development standards to be utilized for development within the UGA. existing Kittitas County Code standards apply, The City of Ellensb-urg agrees to notify Kittitas Copnty and provide the opportunity to comrnent on any code changes which Would modify this interlocal agreement. Further. the City of Ellensburg shall delay implenlentation of new ordinances for 30 days afterjadoption to give Kittitas County time tg implement the new standards. The City of Ellensburg shall provide a copy of the signed ordinance within 7 davs of adootion. 17.11.034 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 Countv/Citv Zonino convercion chart Wh.ere Cit)rutf Ellensburrg zoning designations are referred to within the adopted ILA or this chapter, the following conversion chart shall be utilized. 1. 2. 3. 4. Chapter 15.130 - Land Development Code - Definitions Chapter 15.3i 0 - Land Developnrent Code - Permitting Uses Chapter 15.3JQ - Land Development Code - Building Setback and lntensity Standards Chapter '15.550 - Land Development Code - Off-Street Parking Countv Zone Anolicable Citv Zone R-Residential UR-Urban Residential R-S Residential Suburban l-L Light lndustrial l-[ lioht ]ndustrial l-G General lndustrial l-H Heaw lndustrial C-G GeneralCommercial C-H Commercial Hiohwav C-H Highway Commercial C-L Limited Commercial C-H Commercial Hiohwav PUD Planned Unit Dev. (Bender/Reecer)R-S Residential Suburban PUD Plarrned Unit Dev. (the Verge)R-H Residential High HTC Historic Trailer Court MHP Manufactured Home Park F-R Forest and Ranoe Refer to CountJr standards 17.11.036 Definitions The following definitions shall apply and be utilized for projects located within the Ellensburg UGA, Where ternrs are not defined, the definitions in KCC 17.08 shall apply. "Accesso.ry dwelling unit" rneans a self-contained residential unit that is accessory to a single- fanrily dwelling on a lot and may be added to, created within, or detached from the primary single-family dwelling unit. An accessory dwelling unit has its own bathroom. kitchen facilities. living and sleeping areas, thouoh it can share other feaiures with the sinole-familv dwellino irrcludino the vard, parkinq. or storaoe. "Accessory use" means on the same lot witlr, and of a nature customarily incidental and subordinate tg, the principal use or structure" lAdult family home" nreans a residential homg in which a person or persons provide personal care. special care. room and board to more than one but not more than six adults who are not relatecl by blood or marriage to the person or persons providinglhe services. "Aoricultttre" means the rrse of land for farm . dairvino. oasturino and orazino. horticulture. ftpriqirlture. viticulture, apiaries, animal and pgultry husbandry. Christmas trees not subject to the excise tax imposed by RCW 84.33.100 thr.ough 84.33.140. finfish in upland hatcheries. and accessory.activities. including, but not limited to, storage. haryesting. feeding or maintertance of equipment, but exclu.ding stockyards, slaughtering or commerciaJ food processing. "Boarding houses. lodging houses. sororities. fraternities" means an eqtablishment with lodging for five or more persons on a weekly or longer basis with a central kitchen and dining area maintained exclusively for residents and their guests. "Community residential facility" means a facility that provides,_pn a regular basis. personal care, including dressing and eating and health-related care and sewiceslor at least five, but not more than 15 functionally disabled persons and which is not licensgd undgr Chapter 70.128 RCW. A residential care facility shall not provide the degr ee of care and treatment that a hospital or long- term care facility orovides. "Conference center" means an establish.ment developed primarily as a m.eqling f3qilily, including only facilities for recreation, overnight lodging. and related actiVities provided for conference participants, "Cooperative" means a group of more than one. but no ntore than four qualified medical marUuana patients and/or designated providerE_lyho sharg responsibility for growing and processing malU-u.png. only for the medical use of the members of the cooperative, "Da,v care" means an establishment for g.roup care of nonresident adr"rlts or children. Specifically-l 1. Day care shall ittclude child day care services. adult day gare centqrs. and the following: a. Adult day care. such as adult day health centers or social day cale as defined by the Washington State Department of Social and Healtlr Services; b. Nursery scltools for children under rninimum age for education in Eubjic schools. c. Ptivately qonducted]indelgartens or pre-kindergartens when not a l>art of a. publit or parochialschool: and d. Progranrs coveringjrfter-school care for school children. 2. Day care establishmer:rts arqsubclassified as follows: a. Day care I - a maximum of 12 adults or children in any 24-lrour period; and b. Day cale ll - over 12 adults or children in any 24-hour period. Dwelling, Cottage, "Cottage" rneans a small single-family dwelling that is clustered with other similar units surrounding ? conu0on open space. See ECC 15.540.050 for specialcottage housing provisions. Dwelling. Duplex, "Duplexl' fe{.ers to-a building that is entirely surrounded by open space on the same lot and contains two dwelling units or two dwelling units that are physically separated but on tlre same lot. A duplex will not. be colside!_ed a duplex for purposes of the land develqpjnent code standards if more than one duplex buildino is located orr one lot, Dwelling, Live-Work Unit. "Live-work unit" means an individual dwelling unit tlrat is used for residential and nonresidential use typgS. The dwelling unit type may be any type that is permitted in the applicable zoning district. Permitted nonresidential uses may be tlrose that are.pelmitted in the applicable zoning district. Dwell ing, Multifarnily, See defin ition o{ " Multifamily, " Dwelling, Single-Family. "Single-family dwelling" means one dwelling unit or one dwelling unit with an attaclred or detached accessory dwelling unit used. intended, or designed to be used, rented, leased. let. qr-hired out !p be occupied for living purposes. Dwqlling Townhousg "Townhouse" is a single-family dwelling constructed in a group of three or more attached units in which each unit extends from the foundation to the roof and with ogen space on at least two sides. Ownership of a townhouse includes the unit's building and associated property, " Farmers' market" means a public market at which farmers and other vendors sell agricultural products. crafts, and food and beverages. "Fruit stand". means a -building, structure. or land area used for the sale of fresh fruit or vegetables grown on-site. "Heary service" includes service activities that may have reoular exterior service. or storagre areas. This use category includes. but is not limited to, contractors. heating fuels. truck stgp_s. breweries and warehousing. Heavy service uses At'e limited to buildings no larger than 50.000 gross square feet in area. "l-lome occupatign" rneans any artivity undertaken for gain or profit that IesultsjLa product or service and is carried on in a dwelling, or building accessory to a dwelling. "Hospital" means an iDstitution receiving inpatients and outpatients and rendering medical. surgical arrd/gr: obstetrical care and associated support facilities Such as adrninistrative offices. information technology dqpadrnent,pr olher similar facilities. "Hotel" means any building or portion thereof in wlrich lodging is provided and offered to the public fol coml:ertsatiQn. and whiqh is_ open to transient guests and is not a boarding. lodging, sorority or fraternitv house. "Kennel" or'lshelter'l means any outdoor or indoor facili$r which houses four ot more small domestic alinals (that nunlter nol inEluding one unweaned litter) for periods longef than 24 hpufs.ps,a commercial venture. as a nonprofit organization, or for a governrnental purpose. The facility may be either a separatq business- or an eccesso0l_use. A kennel is to be distinquished fiom a Veterinary clinic which ltouses animals for periods that nray exceed 24 hours as a commercial venture tlrat is accessory to the primary nredical activity performed in a veterinary clinic. ,Manufactured home park" mgAn$ gloJ_parcel. or tract of land having as its principal uqg the rpntal of space for occupancy by hvo or more manufactured homes. including any accessory buildings. structures or use$ customarily incidental thereto. "MarUuana processor" nreans a person licensed by tlre State Liquor and Cannabis Board to process marijuana into marUuana concentrates, useable marijuana and marijuana-infuse.d pte-ducts. package and label malUuana concentrates. useable marUuana and marUuana-infused products for sale inJetail outlets. and sell marUuana concentrates, useable marUuana and marijuana-infusgd products at wholeF..alq-lq-Irafjjuana retailers (as defined in RCW 69.50.101 and provided herein for refgrencq). "M?rjiuana producer" means a person licensed by the State l=iguor Alnd Cannabir Board to produce and sell marUuana at wholesale to marijuana processors and other mariiuana producers (as defined in RCW 69.50.101 and orovided herein for reference). "Marijuana retailer" means a person liceJrse-elb..V-ttre State Liquor and Cannabis Board to sell mariiuana corrcentrates. useable marUuana and marijuana;infused products in a retail outlet (as defined in RCW 69. 50. 1 0 1 a n d p rpvid e-db.etei n f p-Lfefe re nce]" "Miniwarehouse" means an enclosed single-story building(s\ designed and constructed to provide individual compartmentalized controlled access stalls or lockers which shall be use_d only for the storage of personal property. Ministorage is synonymous with miniwarehouse. Motel. See definition for "Hotel". "Nursery and greenhouses" means an establishment for the growth. display, and/or sale of Blants. shrubs, trees, and materials used in indoor or outdoolplantings conducted within or without an enclosed buildingu "Nursing bome" nreans any facility licqnsed by the Washington State Dgpatment of Social and Health Sery!-ces Crr other appropriate state-a.gencies. providing convalescent. chronic or dorniciliary care {or a period in excess of 24 consecutive lrours. for three or more patients or residents not related by blood or marriaggto the licensee. Office. &usin-ess or Professional, "Business or professional office" means an office wherein business, technical or scientific services are rendered involving labor. skill, education and Special knowledge for certain co$pgnsatlorr or profit, but such labor- skill, education and snecial knowledge being predominqrrtly mental or intellectual, rather than physical, manual or mereantile in nature. Examples of such uses would include, but not be limited to, the offices of lawyers. accountants, brokers. and insurange agents. Office. Medical, "Medical office" means an office or clinic used primarily by physicians. dentists, optometrisls- ptrd-similar nersonnel for the treatment and examination of patients solely on an outpatient basis.; provided, that no overnight patients shall be kept on the premises. "Petsotal iervices" means services rendered to individuals for thqlr p.ersonal physical appearance and conditionieg-nggds. Examples would include but not be limited to the follgwing types of services: barber, beautician, masseur. and steam and sauna baths. "Places of assembly" means a structure for oroups of people to gather for arr event or regularly scheduled prsgram. Examples include but are not lirxited to arenas. religjgus institutions. lecture halls, banquet facilities. and similar facilities. "Publiq agency or utility office" means a building or ponion thereof usgd primarily for administration purppses by a public agency or uti[$/- "Recreation - indoor commercial" means a commercial recreation land use conducted entirely withirr a building, including. but nqt limited to, athletic and.health glubs. pool or billiard halls. skating rinks. 5y[imming-pools. and tennis coutts. "Recreation - outdoot commercial" nteans a conrmercial recreation land use conducted prilnarily outdoors. including. but not limited to, water parks. amusement parks. anfuniniature golf_gourses. l'Regional retail commercial" refers to any use which involves the display and sale of retail consumer goods as.part of a reqional retail master siteplan. Permittecl uses and exceptions are descibed within ECC15.390.030. Regional retail commqfqlal developments contain a minimum of 100,000 square feet of enclosed gross floor area of allowable uses; provided, that at least 50,000 square feet nrust be used by one retailer. Serl'or citizen assisted hou5ingl' means housinq in a building consisting of two or mole.dwelling_llnils restllcted to oecupanev bv at least one occupant 62 vears of aqe or older per urrit, and must include at least twg of the following support seruices: 1. Common dining facilities or food preparation service; 2, Group activity areas separate from dining facilities: 3. A vehicle exclusively dedicated to providing transportation services to housing occupants; 4, Have a boarding home (assisting living) licerrse from Washington St-ate Depaftrnent of Social and Health Seruices. l'Tow vehicle storage area" mearrs the approved yard and buildings where stored vehicles are keg[ The storage areas a-nd fencing rnust comply with the requirements established by the Washington. St3te.DepaltmgFt of Licqnsing, Washington State Patrol. and all localJoning rules and regulations. All tow vehicle storage areas must be physically located witlrin the tow zone assigned to the operator. "Utility facility" nOeans anv privately. publicly. or cooperatively owned line, Jacility, or system for pfoducing, transmitting, or distributing.cornmunications. power. electricity, light, heat, gas. oil, crude products. water. steam, waste. stormwater not connected with highw.ay drairlege, or any other similar comrnodity, irrcluding any fire or police signal systern or street lighting systern. whiclr directly or indirectlv gerves the public. For commercial wireless comnrunication support towers, antenna arrays. and facilities, "Wrecking ya{d., v.-ehiclF" ttreans any area, lot. land, parcel. building. structure. or part thereof where luyjng, selling, or dggling_in vehicles of a type recluired to be registered under Washington State law, for the purp.ose of wrecking. disrnantling. disassembling, or substantially clranging the form of a vehicle, or buying or selling integral secondhand parts. in whole or in part is taking place. 1 7.1 1.037 Permitted Uses 1. Purnose: a. The nurpose of this chapter is to establish the uses generally permitted in each zone which are compatible with the purpose of the zone and other uses allowed within the zone. b. The use of a proper:ty is defined by the activity for wlrich the building or lot is intended. desi g ned. a rranged. occupie-d-or Erainta i ned. c. This section only applies to uses within those zones identified within use tables in 17.11.037(4)(a) below. See KCC 17.22,035 for County/Cilv conversption chart. For those zones within the UGA that are not listed in the tables below, the use tables 17.16 through 17.57 shallapply. 2. lnterpretation of Land Use Tables: a. The land use tables in this chapter deterrnine whether a use is allowed in a zoning district. The zonina district is located on the vertical column and the use is located on the horizontal row of these tables. b. lf no symbol appears in the box at the intersection of tlre column and the row. the use is trot allowed in that district, except for certain temporary uses. For temporary use requirements, see KCC 17.92.010. c. lf the letter "P" appears in the box at the intersection of the column and the row, tlre use is allowed in that district. lf allowed, the use would follow the Kittitas County process for permitting. d. lf the letter "C" appears in the box at the intersectiorr of the column and the row, the use is qllowed subject to the conditional use review procedures specified in KCC 17.50A and the general requirements of the code. e, Clarification of Uses and Special Conditions. i. lf a * appears after the use, then the use is defined in KCC 17.1 1.036 ii. Uses.are subject to footnote requirements in KCC 17.15.080.2 exceErt where they conflict with the tables in 17.1 1.037(4Xa-c) regardirrg the permit process.3. Accessory Uses. An accessory use. as defined in KCC 17.11,036 and identified on the use tables in KCC 17.11.037(4)(al by an "A" is permitted in any zone if: a. lt is on the same lot as the principal use to which it is accessory; and b. lt is of a natuJlc-ustomarily incidental and subordinate to, the principal use or structure. 4. Use Tables: Use R-S c-H t-L t-H RESIDENTIAL, GENERAL Dwelling, single-familv*P Dwellino. cottaoe*P Dwellino. duolex{P Dwelling. townhouse*P Dwelling. multifarnily*P Dwelling. live.work*P Vanufactured home park* GROUP RESTpENCES 3oardino houses. lodoino lrouses. sororities. iraternities* {dult family homen P Communitv residentia I facilitv* Senior citizen assisted housing* RESIDENTIAT ACCESSORY USES {ccessorv dwellino unit*P {ome occupations* (KCC 17.15.080.2)P P P P /ard sale use A A A A TEMPORARY TODGING Bed and breakfast c-H l-L t-HUseR-S RETAIT Auto sales. new and psed P Farmers' markets* Fruit stands*P P P Heaw retail P P P P P PHeaw service P P Nurseries and.greenhouses that are lncillary to a retail use*P P lestaurants. bars. and brewpubsi P P Coffee house. espresso bar P P P Retail. small scale {<2 080 qf flpor areal P P Retail. medium pcale (2.000 - 20.000 sf floor area)P Retail, large scale (20.001 - 60.000 sf floor area)E Retail. suoer scale (> 60.000 sf floor area) PSutlet center Regional retail commercial projects"P P P \4arijuana retailer*P PERSONAL AND SERVICES )ay care I facilities*P P P )a)Lcare ll facilities*c P General service establis hmentq P B Heaw services P P P PHotels/motels* Hospitals*c Offices. medicalr P P Kennelsn P P Nursing homes*e P PMarUuana cooperative*P P Personal service establishments*P P Usc R-S c-H t-L t-H Places of assemblv*e c Radio station (comrnercial\c e c Veterinarv clinic P c BUSINESS SERVICE Conference center*P Cffices. business or professional*, small ;cale (<2,000 sf floor area)P e P Offices. business or professional*. medium scale {2.000 - 20.000 sf floor area)P P ? O,tfices, business or professional{, laroe scale [20,001 - 60.000 sf floor area]P P Viniwarehouse facilitv*c P P INDUSTRIAT Lioht industrv P P Hazardous waste treatment (off-site) C c Hazardous waste treatment (on-site) e c C Heaw industrv e N4ariiuana Drocessor*P P VarUuana pro._ducer*P P Tow velricle storaoe area*P P Vehicle wrecking vard*E Use B$H I-L t-H PARK. OPEN SPACEAND RECREATIONAL lemeteries, columbarium or mausoleums P Solf course P Golf driving range (not associated with a golf course)e c Recreation - outdoor (commercial)*P e Recreatiorr - lndoor (commercial)"P e Usc R-S c-H l-L l:H Parks. plavorounds (nublic or orivate)P P P CULTURAT AND ENTERTAINMENT {rt. perforrning art.s, and recording studios P EDUCATIONAI Schools e c GOVERNMENTAL Court P Fire facilitv e )olice facilitv P P Public agency or utility office*P P P Public agency or utilitir yard P P P P Utility facility*P P P P Public transportation passenger terminals P RESOURCE Cardenino or fruit raising (accessory use rr noncommercial)P P P P Aoriculturen P Small wind enerov svstems P P P P 17.11.038 Building Setback and lntensity Standardq 1. Purposg a. To promote forms of development that reinforce aryJ/or enhance the dgsifg{ghatacter of Ellensburg neighborhoods; b. To promote compatibility between develppJnents; ald e. To rninimize environmental imoacts of development. 2. lnterpretation of Tablesj a, The building setback and intensity standards tables address the building setback and intensity of development specific tq individual zpning districts-,_Ihe zoning disttict is located on the vertical column and the forrnlintensity toBic being addressed is located on the horizontal row qf these tables, b. Where a code reference/link appears after the building setback and intensity topic,,then the use is subject to_s-tAndards tet forth in that section or chapter. c. lf a nutnber appears in the box at tlte intersection of the column arrd the rowJefer to the- development condition witlr the corresponding rrumber inrmediately following the table. lf there afe multiple numbers. then all development conditions apply. d. KCC 17.11.03t{4} through 17.11.038(10) provide clarification and exceptions to the bu i ld ing set.backS nd i ntengity. standards herein. 3. Use Tables: 17.11.038.1 Development condition footnotes associated w!!h Tgble: 1. Lot sizes may be variable provided they are sized and shaped sufficient to accommodate pcrmitted uses ancl conform to applicable design and density standards, lopic R-S R-H DEVELOPMENT I NTENSITY AND CONFIGURATION Minimum lot area Nonel Nonel Minirnum frontaoe Nonel Nonel Density. minimum (KCC 17,1 1.038(4)'l B None '15 du/acre De.nsity" maximum (KCC 1 7.1 1.038(4))6 du/acre No limit Maximum building height 35ft 45 ftz Vinimum front vard setbacks a 15 ft 15 ft 3araqe front vard setback 22 ft 22tt Virrimum rear vard setback 20ft 20 tr Minimunr rear yard setback, accessory buildings (including garages)5ft6 5 ft6 Minimum rear yard setback. detached accessory dwelling unit (sge KCC 17.1 1.038{6Xc)) 5 ft6 5 ft6 Minimum side yard setback (includes comer lot interior ot linq)5 5 ft/10 ft7 5 ft/10 ft7 [4inimum side yard setback (comer lot exterior lot line]10 ft 10ft \4inimum garage side ya-td.gqlba.ck (comer lot exterior ot line)22ft 22ft 2. For buildings. or podions thereof, with pitclred roofs, the rnaximum height may be increased by five feet. Applicable roof slopes must be at 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 vard is reouired for buildinos adiacent to desionated "storefront streets. "Towtthouses and zero lot line homes are exempt from side yard standards internal to a development, However. sucn uses s develooment. 5. Townhouses and zero lot line homes are exenlpljrom side yard -s-tandatds inteltal-tot development. However. such uses slrall nreet applicable side yard standards for adiacent lots outside of the development, 6. Accessory buildings or accessory dwelling units. where built orr top o{ an existing gatage. may be built to a property line abutting an alle,v. providgd sufficient turnina mqLement angl ernergenclr vehicle access is provided within the alley. 7. For lots 6.000 souare feet or less the mininrum side yard shall be five feet on each side. 8. Minimurr densities apply except when limited due to Airport overlay requitements in KCC 17.58. c-H l-L l-H Standard DEVELOPMENT I NTENSITV AN D CONFIGURATION Minimum lot area Nonel Nonel Nonel Density. minimum (KCC 17.1 1.03B(41)NA NA NA Density, maximum (KCC 17.1 1.038(4))None NA NA 35 ft NoneN4aximum building height (see (CC 17.1 1.03B(5) for height exceptions) 3sft BUILDING PLACEMENT (see KCC 17.11.038(51 through 17.11.038{10}l 1! ft 10 ft 10 ft\4inimum front varcl 22ltSarage front yard setback 22tt 22ft Minimum rear yard None2 Nonez None2 Minimum side yard None2 None2 None2 17.11.038.2 Develooment condltion footnotes associated with Table: 1. Lot sizes may be variable provided they are sized and shaped sufficient to accommodate permitted uses and conform to applicable-design arrd density standards. For areas within 100 feet of a residential zone. the maximum building height slrall be 35 feet. 2. Where the subjeci property borders a residgntial ?one, tlre.Brinirnum side or rgar setbacksslull be the same as the adiacent residential zone; End of footnotes 3. Critical Areas as defined by Kittitas County Codq. ealeulatiprr.g for Determining Maximum Density - Gross Developable Acreage, a. Nl site areas nray be used in the calculation of the maxlr:nlrn allowed residential densiU or project floor area except as outlined urrder the provisions of subsection (BX2) of tlris section. b. CriticalAreas as defined by Kittitas County Code shall not be credited toward the maximum density or floor area calculations.. Propefiy used for new roadways, trails. stormwater facilities. or otlrer features used b){ r:esidenls may be counted as part of the site area for densitv calculations. Propertv trarrsferred to the citv for the construction of public roadways or other public feature slrall be counted as part of the site area if the city and propefty owner reach such an agreement as part of the transfel 4. DensitvCalculations. a. Maximurn density for an individual site shall be calqulated by multiplying the gross develonable acreaoe bv the applicable number of dwellino units, When calculation results in a fraction, 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 b.e rounded down. d. Prshibited Reduction. AnV portion of a lot that was used to calculate compliance with the standards and reaulations qf tllis title s!!rllne! b_elubsequently subdivided or segregated from such lot. 5. Height exceptions. Thq foljpWing structures may be erected above the height limits sp! fo-rth in KCC 17,11.038(3Xa) and KCC '17.11,038€Xb): a, Arr additional two feet in hejght is allowed for structures with green toofs occu.pying-a"t least 50 percent of the area of the roof; b. Skylights, flaqpoles, chimneys. church steeples, crosses, spires, comrnu.nLc-ation tiansmission and receiving structures, and similar structures. 6. Setbackmeasurements. a. Front Yarcl Setback. The front yard is measured from the street right-of-way or the edge of a surface.imnrovement (sidewalk) which extends beyond a right.of-way. whichever is closer to the proposed structure, to a line parallel to and measured @ street right:of- way or the edge of the surtace improvement at the depth orescribed for each zone. For dual frontage properties, the frontyard is measured from the street right- of-way that is-lhe pfgperly's street address and primary access. b. Side Yard Setback. The side ]rard setback is measured from the side lot line adjacerrt to another Brivate property to a line parallel !q and measured perpendicularly from the side lot lines at thg @c. Rgar Yard SetLack, The rear yard setback is rneasured frpm the rear lot lirlgadjacent to another ptiyate property or an alley to a line parallel to and nreasured psrpendicularly frorrr the rear lot lines atthe depth presciibed for each zone. d. Corn-er Lots. For corner lots with two streei trontages. lclbacks from the addr-e..ssed street side shAll.ggnfqrm-lg the frorrt !:ard setback for the underlying zoning distrjEt, The s.etbacks for lhe flanking side shall conforn to the exterior side yarcl setbacks {or the underlying zoning district. e. For measurements on a pointedor irlegular lot refer to definition of lot line in KCC 17.1 1.035 7. Perrnitted pro,iections into yards. The following..strugtures may extend into or be located in reouired setkrcks: a. Firgplace st.ructures. bay or garderr windows. enclosed stair landings._glosets, or similaf structures r.nay project 30 inches into a fiorrt or rearyard, provided such projectiorrs are: i. Limited to two per facade: and ii. Not wider than 10 feet: b, Eaves. cornices. and signs may not l:roject more than; i. Three feet irrto a front or rear yard; and ii. Two feet into the side yard; c. Porches and covered entries may projqct up to SiX fegt into the front yard _subje.ct to conformance with any required site vision standards set forth in Section 3. Street Standards, of the city's l>Lrblic wgrks developme.nt stanClards Appligable to the lot; d, Uncovered porches and decks. wlrich exceed 1B inches above the firrislted grade, nralt project up to six feet into the front or rear yardl; e. Storefront weather protection nrojections into the public right-of-way are acceptable, provided they don't interfere yfith street trees or extend beyond the sdge pf th.e sidewalk: f. Tbe. following features may project into any front,vard: i. Unenclosed porclierand entry features may project six feet inlo_thgfront yard ii. Mailboxes and newspaper boxes; iii. Fire hydrarrts and associated appendages; iv. Bus shelters; and v. Mgrument siglrs; g. The following features may project into any yard: i. Telephorre poles arrd lines; ii. Power poles and lines; iii. Cable TV and internet lines; iv. Light and flagpgles; v. Spdnkler systems; vi. Trellises not exceeding.eight feet in height, not wider than 10 feet; vii. Culverts atrd unde4ground water. sewer. and accessory facilities fpl.the provisjon of utilities, such as drainsr viii, Electrical equipment cabinets and sirnilqr ptiligr bpxgg_ald_vag[g ix. Surface and stormwater water malragement facilitiesr x. Uncovered porches and,decks not.exgeeding 1.&inches above the finished grade; and xi. Rqqkerier-_reta[[g walls and curbs provided these structures do not exceed-a height of six feet from the property line grade: and h. B. Setbacks from alleys. Accessory buildings and accessory dwelling units. where built on top of an existing garage, may be built to a property line abutting an alley, provided sufficient turning movement and emergency vehicle access is provided-witlrin tlre allgjt 9. Setbackmodifications. a. ln additiott to ptoJt'ding the standard street setback, a lot a4ioirring a half-street or designated-arterial shall provide an additional width of .street setback sufficient to accommodate construction of tlre planned half-street or arterial, b. For residential lots adiacent to designated local streets and built to ap-pllcable standards set forth irr SectionS SUeet Standards. of the clty's public works developmqnt standards. setbacks shall be measured from the back of the sidewalk rather than the right-of-way edge. provided no residential structures are built within tlre public right-of-way. c. Variance. See procedures in KCC 17.84. 10, Lot or site divided bJ zone_b-o.u.fldarv, W-lren a lotis divided by a zone boundary, the fo[owing rules shall apply: a. When a lot contains both residential and nonresidential zoni.ng*lllg_:gtg_:bouttda$l between the zones slrall be considered a lot line for determining permitted building height and required -sgtbacks on the site: b, When a lot contains rcsidential Zones of varying density: i. Any res.idenLial .density transfer within the lot shall be Allovyed f.rp.rn thgJro.ilLiorr with the lesser residential density to tlrat of the greater residential density; ii, Compliance with these criteria shall be evaluated during_fgview of any develQpment pjoposals in whiclr such a transfer is proposed; arrd iii. Uses on ei_ch.portig-n of the lot sliall only be those permittgdin eachZsne_pursu.an! to KCC 17.11.037. 17.1 1.039 - Off-StreelParking 1. Purpose: a. The purpose of this chapter is to provide adequate parking foljrll uses allowed in this title, to reduce demand for parking by encouraging alternative rneans of tr?nsportation including public transit and bicycles. and to increase pedestria.n mobility by: i. S_elting nrinimum off.stree.t parking standards for different land uses and districts that assure safe. convenient and adequately sized parking facilities; ii. Recognizing that developed pf.epqfiigs are likelyjg support a variety o{ diflerent uses over time; and iii. Providing for parking and storage of bi_cycles, 2. Authority and application. a. The regulations of this chapter applJ._tg all off-street parking areas in all zoning districts within the City of Ellensburg's Urban Growth Area. b. The regulations of_thisShapter apply to all new developrnent applicatipns. all new parking lot construction or enlargement. ln addition, these regulations shall apply at the time of enlarg1-ng, moving or increasing the capacity of existing structures by creating or adding dwelling units, cornmercialor industrial floor space, or seatingjacilities, and shall also apply ra{hen an existing lartd use within an existing ltructure is clranged to a category of land use as set forth below that is different than the category of land use for which the existing parking facility was designed and installed. c. Before an occupancv permit lnay be granted fpr anv new or enl?rged buildinq or for a change of use in any existing building. the use shall be required to meet the provisions of this chapter. d, lf this chapler does not specify a parking requirement for a land use. the director shall establish the rninimum requirement basqd on a study of anticipated parking demand. Transportation denrand nranagement actiqns taken at the site shall be considered in determining anticipated denrand. ln the study the applicant slrall provide sufficient information to demonstlate that the parking demand for a specific land use will be satisfied. Parking studies shall be prqpared by a.professional engrineer with expertise in traffic and parking analyses. or an equally qualified individual as autlrorized bv the director. e. The Electric Vehicle lnfrastructure regulations in KCe U,66 shall be utilized in conjunction witlr this Chaptel3. Parking plan -Building_perrnit, surety bond, and occupancy r.equirernenls, a. Building Permit. No building per:rnit nor parking lot construction or enlargernent shall be lEsued until a parking plan showing provisions for the required off-street parking, as tpecified in tlris chapter. has beerr subrnitted and approved by the director. The plan slrall clearly indicate the proposed developrrnent, irtcluding parking lot location, size, _rluBg design. number of spaces. curb cuts, lighting. and other features and appurtenances required by this- chapter. The parking plan shall slrow/state the number of_pg-fking spaces and handicap soaces required and provided. b. Surety, Before a building permit is issued for any building or structu.re for which this chapter' reqqiles off-street parking and where suclr off-street parkino is not to be contained within the building Jor which the building permit is requested, the director may require that the applicant prpv!.de the city with a surety bond or other sufficient security approved by the directol ouaranteeing to the county the installation and improvenrent of the required off- Lrujlgljno(s) forwhich such ofFstreet parking iS to be nrovided. c. Occupancy. All required off-streel parking areas must be completed and landscapecl prior to occuoancv of anv structure. 4. Computation of required off-street parking spaces. a. $paces Required. Except as modified in subsections below, off-street parking areas shall contain at a minimum the rrumber of parking spaces as stipulated irr the following table. Off- street parking ratios expressed as number of spaces per square feet means the usable or net square footage of floor area, exclusive of nonpublic areas. Nonpublic areas includq but ate nbt limited to building maintenance areas, slorage areas,.closet$ or restrooms. lf the formula for determining the number of off-street parking spaces resultsjn 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 roqtding down, Category of land User lMinimum Parkino Snaces h"."rl*d - RESIDENTIAT/LODCING Accessorv dwellino unit lNone reouirecl Aoartment: Duolex Townhouse Studio units It.z o"r. dwellino unit Studio and l-bedroom units in C-C zone outside of the lowntown historic district 1-bedroom units It.s o", cJwellino unit Z-bedroom residential units and larger in C-C zone outside of the downtown historic district 2-bedrcom units or larger It.o o"r. bedroom Cottage housing l,.u ou, dwellino unit Category of Land Usel lMinimum Parkinu Soacesffi Seniq.I Gjtizen assisted housing h.0 per 2 dwelling or sleeping units Community residential facilities It.o o.r, 2 bedrooms Boarding.houses, lodging houses. sororilies. fraternities lt.o ou'. bedroom Hotel/motels (where restaurants and conference facilities are ncluded. see standards {or applicable use} 3ed and breakfast guestlrouse GENERAL RETAIL AND SERVICE Offices, banks. medical .clinict supenrlarkets. retail shops. depafiment stores, or similar uses 3 Seneral retail or service use with drive-in facility Day care facility FOOD AND BEVERAGE Restaurant, taverns. or similar uses where patrons sit down for service Drive-in restaurant Driverin coffee stand Restaurant. taverns. or sinrilar uses where patrons sit down for seruice Drive-in restaurant accommodate 6 vehicles without Drive-in coffee stand PIACES OF ASSEMBTY 3hurqhes. funeral homes, mortuaries. clubs. lodges. museums. ruditoriums, theaters. conference facilities, plrblic or commercial 'ecreational facilities, or sirnilar uses INDUSTRIAL AND TAND CONSUMPTIVE USES PUBLIC AND QUAS-I-PUBLIC USES Hospital Elef.nentary and junior lrigh schools digh schools. college or university, trade schqol, or business. ;chool Governmental office .0 oer 350 souare feet of oross floor area 17.11.039.1 Footnotes Associated with Table: 1. ln those situations where a particular use is not specifically mentioned in this table. the requirements for off-street parking shall be deternrined by the director and in accordance with the most comparable use listed. a, Shell Building Permit Applications. When the county has received a sllell building permit application. off-street parking requirements shall be bsed on the postible tenan! improvements or trses authorized by the zone designation and compatible with the linritations of the shell permit. When the range of pqssible uses results in different parking 1gquirements, the director shall establishlhe amount of parking based on a likely rang.e of uses..For example. an applicant submits a permit fpr a 5.000-square-foot shell building in the C-H zone. The zone allows for a ralrgg of retail, personal, and general service retai! uses, Most permitted uses in this zone fall in the category of general retail and servigg uses in Table 1 7.1 1.039(4)(ir)fi) which requires one space per 300 square feet of oross floor area. Restaurarrts require more parkingjone space pgr 200 square feet,of gross floor areAl, While the director might find it unreasonable to reouire parkinq. for the "worst case scenario" irr termgof possible use types. he or she will typically choose A requirement that falls between tlre possible use scenarios. ln this case. the odds are that most possible uses fAll in the general retail and service Use categpry with a loJver parking requirement,. tholgh a slightly higher parking requirement would make sense given the possibility of a use such as a restaurant, which requires qreater parking. Thus. a conpromise standard, requiring a minimum of one space per 275 square fqet of gros{ floor area. we-uld bg reasonable in this instance. b. Otlier Provisions of Code, Where other provisions of this code stjpulate reduced mirrimum. parking requirements, tlrose provisions shall apply. c. Bicyde Parking, Multifamily .and nonresidential clevelopments shall provide for bicycle parking per the standards below: i. Amount qf Bicycle Ppfkjng" ii. Parking Location and Design - Nonresidential Us,es, Bicycle facilities for patrons shall be located within 100 feet of the building entrance and locqted in safe. viEibLe areas that do n-ot irnpede pedestrian or vehicle traffic flow. iii. Parking tocation and Qesign -Residential Uses. Bicycle facilities for residenls_shall be located within 100 feetof all building or individualunit entrances and located on the ground leve I in safe. visible areas tha_t do not imped.qp-edestrian _or vebiclq traffic flow. iv. Bieycle parf,ing-l-lardware shall lte installed according to its man-ufacturer's instructions. allowing adequate clearance for biqycles and their riders. 5. Primary Use.The minimum number of parking.spaces shall be computed baserJ on the primary uses on the property, excepl as stated in subsection (G) of this section that addresses accqssory uses. When there are two or morq sgpafate primary Uses on a properly, the required off-street parking for the propertv is the sum of the required parking for the indivldual prinrary uses. 6. Accg$sory Use. Whqn more than 20 percent of the gross floor area on a property is in an a.ccgssory use, the required off-street park!ng shall bll calculated separately for the accessory use and for the prirnary use and then added together for the total required off-street parking. When 20 percent or less of the.gross flpor area on a property is in an accessory use. the required off.street parking shall be calculated on the gross floor area of the building as if it were all under the primary use. Cateoorv of Land Use lrrlinimum Parkino Snaces lR"""l*d Single-family dwelling lruon"l- I 10.5 space per dwellinq unit (units ffieexemot)\4ultifamily dwelling -lotellmotels I 11.0 per 20 ouest rooms Offices, banks, rnedical clinics, supermarkets. retailj;hep"t departmerrt stores, or similar usqq Rgstaurant, taverns. or similar uses where patrons sit down for ;ervice .0 per 5 required vehicje parking spaces {ll other uses Examples: a. A 40.000:square"foot building containing a 30,000-square-foot warelrouse spaqe (75 percent of total) and a 10.000-sqllare-foot accessory office space (25 per-cent of total). The minimurn parking tequirernent vyould be calculated separately for the office use and tllq warehouse use arrd then added together. b. The same 40.000-square-foot building containing a 35.000-square-foot warehouse qpace 'l'he reqpired parking would be based solely on the gross floor area of the buildinq as if it were allthe orimarv use (40.000), 7. On-Street Parkinq. On-street oarkinq imnrediatelv adiacent to the DroDertv mav be counted tgwprds the parking requirenrerrt for nonresidential uses. 8. All required off-street parking tyrust have direct and unobstructecl access to ingress and egress fronr a public street, and stacke.d or tandem parkirrg shall not be counted toward rfrpeting;fig pquired off-street narking requirements in any zoning district except for single-farnily residential structures anel duplex dwelling units as per Table 17.1 1.039(4XaXi). 9. Garages. Required off-street parking that is_provided in garages or carports shall be credited toward the required off:street parking spaces except thall_rostacked or tapdem parkinq that blocks off thgse*garages or carport parking spaces from direct or unobstructed acqess to ingress or eStess to a public street Shall be cfedited tpward the recluirecl pqfug5pagq5_ercep! lor sinqle-family r 17"1 1.039(4Xa)(0" 10. HetdieapaeLParkioq. Off-street Darkinq and access for tlre phvsicallv handicapped shall be provided in accordance with the Uniform Building Code. 11. Fire Lane Standards. Fire larres may be required by the fire codes and by Kittitas Valley Fire and Rqscue within off-street parking facilities. Such fire lanes. including dirnensiorrs, widtlr, location. etc., shall be irtstalled as required by the fire code or Kittitas Valley Fire and Rescue and shall remairr in effect throughout the ljfgof the parking facility. 12. Changes in useto a different land use categoryshallprovidetlre mirrimum off-street parking for the new gengral land us-e_ catsgory. 13. eontinued use of required parking spaces, a. Continued Use. Required off-street Jrarking spaces must be available.lpillbe continued use of residents, custonrers. or ernployees of the use, and the continued use of a building or structure or property for wlrich off-street parkingjS required shall be conditioned upon the corrtinued existence of such off-street parking. lf the required off-street parking ceases to exist in connection with the use for which it was reserued- arrd no equivalent off-street parking is provided, such occupancy and use of the br"rilding or structure or property shall becoqre illegal qnd tlre occupancy pM b. Assignmerrt Prohibited. Reouired off-street parking spaces may rrot bc assigned in any way to another use on another site. c. Use {or Non-Parking Purposes Prohibited. Required off-street parking spaces shall not bq used for the parkino of eguipment or for storage ef mAterials or goods or inoperable vehicles. Use of required off.'street Barking for cornrnercial or other purpgses in co4junction with a temporary use of A limited and specific duration shall require separAte review and approval by the director in conjunction with tlre temporary use. d. Maintenance Required. The off-street parking required by this chafrter shAll be_naintained in a good and functioning condition as determirred by the director, 14. Loadinq sDace requirements. a. Every nonresidential building engaged in retail. rryholesale. manufacturing, or storage activities, excluding self-service storage facilities. slrall provide loFding spaces in accordance with the standards listed below: Table 17.11.039(14)(a)(i) Loading space requirements for retail, wholesale, manufacturirrg. or storage b. Every building enggged in hotel. office building. restaurant. hospital, auditorium. convention hall, exhibition hall. sports arena/$Jpdiunr or other similar use shall provide loading spaces in accorclance with the standards listed below: Ta.-hle-'17.11.039(14XaXii) Loading space requ-ir:gnCnls for hotel, office building. restaurant, hospital, auditorium. convention hall, exhibition hall. sports arena/stadium. or other similar uses, c. For storefronts and other similar buildings sited adiacent to a street without individual businesses ov-er 10,000 square feet and no alley access. loading soace may be provided by on- strget desionated loading zorres upon approval of the public works and utilities director as an administrative decision based on access and safeV considgations. A site plan. proposed conditions, and reason for on-street loading facilities shall be included i[ the application. d. [ach loading space required by this section shall be a nrininrum of '10 feet wide, 30 feet long. and ha-v:? an unobstructed vertical clearance of 14 feet six inches. and shall be surfaced, iEproved and maintained as required by this chapter. Loading spaces shall be located so that trucks shall not obstruct pedestrian or vehicle traffic movement or project into any public right- of-way. All loading space areas shall be separated from parking areas atd- shalLbejpsignated as truck loading spaces, Gross Floor Area ftgguired Number of loading Spqcps 10.000 to 40.000 square feet h 40.001 to 96,000 square feet E 96.001 to 160.000 square feet 13 160.001 to 196.000 square feet b Eoreach additional 70,000 square feet h adcJitional Gross Floor Area lReouired Number of Loadino Snaces 40.000 to 120.000 square feet h I20.001 to 264.000 square feet E 264,001to 520,000 souare feet 13 520,001 to 784,000 square feet V 784.001 to 920000 square feet F For each additional 200,000 souare feet h additional e. Any loading space located within 100 feet of areas zoned for residential use shall be screened and.pp-erated as necessary to reduce noise and visual impacts. Noise mitigption measures may include architectural or structural barriers, beams. walls. or restrictions on the hours of operation. f. Multi-story self'service storage facilities shall provide two loading spaces. and single-story facilities one loadinggrace, a4jacent to each building entrance that provides common access to interior storage rJnits. Each loading berth shall measure nqt le.$s than 25 feet by 12 feet with an unobstructed vertical clearance of 14 feet six inches. and shall be surfaced. improved. and maintained as reguired by this chapter. Any floor area additions or structural alterations to a building shall be required to provide loading space or spaces as set forth in this chaoter. 15. PAIking lot design and construqtjon standardE a. Parking Area Access Standards. See Section 6, Parking Standards, of the city's public works development standards. b. Parking Stall and Aisle Dimensions. See Section 6. Parking S.tafdards, of the city's publiq works development standards. c. Parkino Area DeveloDment and Desion Provisions. iii. For parking area surfacing standards, see Section 6, Parking Standards. of the cityt public works development standards. Fire lane shall be in accordanee with the lnternational Fire Code (lFO as adopted in KCC 14.M, 17.1 l.O4O I nfrastructure. Except as modified by a UGA interlocal agreement. Dglevelopment of infrastructure relating to municipal water and sewer services shall be referred to the requirements as outlined by the corresponding cities code. Joint review shall occur in the development of roads with both the city and county road standards. (Ord. 2007 -22, 2007) 17.1 1.050 Minimum Density. @ep ef-a€$sDensity 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. 2019-013. 2019; Ord.2007-22,2007) 17.11.060 Maxlmum Lot Coverage. Except as modified by a UGA interlocal agreement. Tlhe 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 17.15 ALLOWED USES Sections 17.1 5.010 Categories of uses established. 17.1 5.015 Allowed uses for certain zones within the Ellensburg Urban Growth Area (UGA) 17.15.020 Establishment of zoning use tables. 1 7.1 5.030 lnterpretation of tables. 17.15.040 Zonino use tables. 17.15.050 Allowed uses in resource lands. 17.15.060 Allowed uses in rural non-LAMIRD lands. 17.i5.070 Allowed uses in rural LAMIRD lands. 17.15.080 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 17.608. 3. Administrative Conditional Use. Land uses which may be permitted within a zone classification following review under the provisions of KCC Chapter 17.60A. 4. Conditional Use. Land uses which may be permitted within a zone classification following review and hearing under the provisions of KCC Chapter 17.604. (ord. 2016-023, 2016; Ord. 2013-012, 2013; Ord. 2013-001, 2013) 17.15.015 Allowed uses for certain zones within the Ellen..slurg Urban Growth Area {UGA) Properties located within the Ellensburg UGA which are zoned R. UR. C-H. C-1. l-1. l-G. and PUD {Bgnder Reecer and the Verge) shall utilize the use tables in KCC 17.'11.037(4Xa), 17.11.037(4Xb). and 1 7.1 1 .037(4Xc). 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; O-rd. 2013-001, 201 3) 1 7.1 5.030 lnterpretation 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 17.08 are indicated with an asterisk (*). 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. ln 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. (Qrd. 201 3-01 2, 2013; Ad*?013:g0t, 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-l-AMIRD Lands a. Rural Residential i. Agriculture 5 ii. Rural 5 iii. Planned Unit Development b. RuralWorking i. Agriculture 20 ii, Forest and Range c. Rural Recreation i. Master Planned Resort ii. GeneralCommercial iii. Rural Recreation iv. Planned Unit Development 3. Rural LAMIRD Lands a. Residential b. Residential 2 c. Agriculture 3 d. Agriculture 20 e. Rural 3 f. Rural 5 g. Limited Commercial h. GeneralCommercial i. Highway Commercial j. Light lndustrial k. General lndustrial l. Forest Range m. Planned Unit Development 4. Urban Lands a. Residential b. Urban Residential c. Agriculture 3 d. Rural3 e. Rural 5 f. Limited Commercial g. GeneralCommercial h. Highway Commercial i, Light lndustrial j. General lndustrial k. Forest Range L Planned Unit Development {gd. 201_3:001",2013) 17.15.050Allowed Uses in Resource Lands. 17.15.050.1 Resource Use Table Resource Commercial Agriculture CU P P P CU CU CU P P CU CU AC AC P Permitted PA Permitted Administrative CU Conditional Use ACU Admin. Conditional Use *See KCC Chopter 17.08 Definitions A. Agriculture Animal boarding* AnimalCrematory* Aqricultural Enhanced Uses* Aqriculture processinq* Aqriculture production* Aqriculture sales*, Produce Farm Aqriculture sales Dairy Feedlot* Grazinq* Mariiuana Processinq* Mariiuana Production* Mariiuana, retail sales* Nurseries Ridinq academies Small-scale event faciliU* U-Pick/U-Cut Operations* Farm Visit*AC Commercial Activities associated with aqriculture* B. Civic Cultural Uses Cemetery Clubhouses, fraternities and lodges* Cultural and educational facilities Libraries Meetinq facilities Museums and galleries Reliq ious institutions* School, public or private* lnterpretive Center* C. Commercial Auction sales of non-aqriculture products Bank Bed and breakfast* Clinic* Day care facilities* Funeral home/mortuary Hospital* Hospital, animal or veterinary* Hotel/motel Office* Restaurant Retail sales,* general Retail sales,* lumber and buildinq materials Retail sales,* vehicles and equipment Services Shootinq ranqe* Taverns Temporary sales office Vehicle/equipment seruice and repair* D. lndustrial Airpoft* Asphalt/concrete plants Explosives, storage or manufacture Forest product orocessinq* (portable) Forest product processino* (permanent) Freiqhtinq and truckinq yard or terminal* Hazardous waste storage* AC Commercial Commercial Iture AC P Commercial Iture P re P AC CU CU CU Hazardous waste treatment* lmpound/towinq vard* Junkyard* Manufacturinq* Mini-warehouse Refuse disposal/recvcle* Research laboratories Wastewater treatment Warehousinq and distribution Wholesale business E. Recreation Campqround* Golf course* Guest ranch or Guest Farm* Parks and plavgrounds* Recreation, indoor* Recreation, outdoor* Recreational vehicle storaoe Stadium Trails F. Residential Accessory dwellinq unit* Accessory livinq quarters* Adult familv home* Boardinq house Convalescent home Dwell inq, sinqle-family* Dwellinq, two-family* Dwel linq, mu ltiple-familv* Farm labor shelter* Group home* Home occupation* Manufactured home* Manufactured home park Mobile home Specialcare dwellinq* Temporary trailers G. Resource Forestry* CU PA Commercial rlculture CU PA Commercial P P P10 P6 P P P CU P P P Commercial P cuu- Commercial PA 31 1 PA 17.15.050.2 Footnotes Associated with Resource Use Table. 1. Pursuant to KCC Chapter 17.61, Utilities. 2. Provided: a. The shelters are used to house farm laborers on a temporary or seasonal basis only, regardless of change of ownership, if it remains in farm labor- needed status; b. The shelters must conform with all applicable building and health regulations; c. The number of shelters shall not exceed four (4) per twenty (20) contiguous acres of land area; d. The shelters are owned and maintained by the owner or operator of an agricultural operation which clearly demonstrates the need for farm laborers; e. Should the parent agricultural operation cease or convert to non- agriculture use, then the farm labor shelters shall conform with all applicable buildings and health regulations. 3. Pursuant to KCC Chapter 17.66, Electric Vehicle lnfrastructure. 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, P P Forest product sales* Mining and excavation* Rock crushing* H. Utilities and Public Facilities Electric vehicle i nfrastructure* Public facilities* Solar Power Production Facilities Utilities Watershed manaqement activities* k. An ADU must have adequate acreage to meet maximum density within the zone classification. 5. Subject to the following requirements: a. Accessory Living Quarters shall be located within an owner occupied primary residence; b. Accessory Living Quarters are limited in size to no greater than fifty percent (507d 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 afte/life inspection approved by the Washington State Department of Labor and lndustries. 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 modeltrailers 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 lndustries. B. No sign advertising a home occupation shallexceed 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. ln-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 70.128j40. 1 1, 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 conditionaluse 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 NaturalArea 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 agriculturalactivities. 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. ln 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 propefty 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 Bg!yl6.lgA.J-ZII$ 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 shalloccur within a calendar year. 26. Existing facilitiesare permitted;newfacilities requirea conditionaluse permit. Limited to agricultu ral 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 12.fle050 and 17,61C.060. (Qrd*.2021-015,2021: Ord, 2018-02J,2018; Ord,2018-018, 2018;OrcJ.201B-00'l ,2018;Ord.2016- 023,20'16; Ord.2015-010,2015; Old.20'!4:015,2014; Ord.201tL005,2014; Ord.2014-004, 2014; Qrd. 11013-012 2013; Orcl. 201.3-00& , 2013; Ord. ?01 3-001, 201 3) 17.15.060 17.15.060.1 Allowed Uses in Rural Non-LAMIRD Lands P Permitted PA Permitted Administrative CU Conditional Use ACU Admin. Conditional Use Rural Non-LAMlRD * See KCC Chapter 1 7.08 Definitions Rural Recreation Master Planned Pzq Pzz / ACst Rural Residential Rural Working Ao 549 Rural 549 Ag 2019 Forest & Range A. Agriculture Agricultural Enhanced Uses* Ps5 Pss Agricultural direct marketing activities* P62 Poz Paz P62 Agricultural seasonal harvest festivities* P63 PG3 P6f,P63 Agricultural expanded seasonal harvest festivities* c c c c Animal boarding*P P P P Agricultu re processing*CU ZA CU z:cu* Agricultu re productionn PU P P P?A Farm Stand,*P22 / ACsl P2z / ACsj.Pn / ACsj.Pzz / ACsl Agriculture Sales,*CU CU Dairy CU CU CU CU CU P Feedlot*CU cu" P P P PGrazing* Marijuana processing* Mar'ijuana production* Marijuana, retail sales* Nurseries P P P cu* CU CURiding academies CU AC45/CU Ac4s/cUSmall-scale event facility* AC4s/CU AC45/CU P / ACslU-Pick/U-Cut Operations* P / ACsl CU P / ACsl CU AC5,l ACslFarm Visit CU Commercial Activities associated with agriculture* AC AC A9 5r_!"Rural 5-st Ag 20st Forest 8t Range B. Civic Uses/Community Services Pzt Pzt cu*Cemetery P21 ACe ACa_5Clubhouses, fraternities and lodges* ACqq AClp Cultural and education {acilities Libraries cu3 Meeting facilities Museums and galleries CUReligious institutions CU CU CU CU Master Planned Pzt AC P P CU Schools, public or private* P?5 Pzs CU lnterpretive Center*AC AC Ag 5st Rural 551 Ao 20st Forest & Range 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, animalor veterinary* CU Hotel/motel Office* Restaurant cu 36 Retail sales,* general CU 36 Retail sales,* lumber and building materials Retail sales,* vehicles Services Shooting range*cu3l CU -'31 Tavern CU:O Master Planned CUO Pza P P P Temporary sales office CU 36Vehicle/equipment service and repair* P16 P i-6 Ag 551 Ao 20st Forest & Ranoe5l Rural 5s_1 D. lndustrial CUAirport*CU CU CU i7Aspha ltKoncrete plants Explosives, storage or manufacture cu 35Forest product processing* (portable) P P CU cu'-Forest product processing* (permanent) CU Freighting and trucking yard or terminaln Hazardous waste storage* Hazardous waste treatment* lmpound/towing yard* Junkyard* Manufacturing* Mini-Warehouse cu 59 Refuse disposal/recycle*CU Ig cUsB Research laboratories Wastewater treatment P P4? Master Plan ned CU Warehousing and distribution PA47 PA47 PA47 /CU46 PA47 Wholesale business Ag 5s-r Rural 551 Ao 20st Forest & Ranoes'l E. Recreation Campground*CU tz CU 12 cuL2 CU12 Ps4" Golf course*CU CU CU cu* Guest ranch or guest farm* CU CU CU cu"' Parks and playgrounds*P P P3 P Recreation, indoor* Recreation , outdoor*AC AC CU CU Recreational vehicle park* CU CU Recreational vehicle/equipment service and repair* CU 60 Recreational vehicle storage CU26 Stadiums Trails PA PA PA PA Ag 5sr Rural 5st Ao 20st Forest & Range5l F. Residential Accessory dwelling unit*PAZI PA27 PAA PAzl,.r Accessory living quarters* P28 P28 P28 P aB-- P P Master Planned CU:; CU PA Master Plan ned AC CU P2i Adult family home*P41 P41 P41 P41 cu?9-Boarding house cu 29 Convalescent home CU cu" Dwelling, single-family*P33 P4 P P34 P34Dwelling, two-family*P P3 Dwelling, multiple- family* Farm labor shelter*cuj CU 4cu4 Group homen CU CU cus6 CUGroup Care Facility*CUSO CU P/CU 5 PlCU5 P/CU s--Home occupation*P/CU 5 Manufactured home*P P P P" Manufactured home park Mobile home P38 P38 P34 Specialcare dwelling*PJo P3o P:p P30 PZ Pt"Temporary trailer PZ PZ Ao 5s1 Rural 5s1.Ao 20st Forest & Ranoe5 l G. Resource P PsaForestry*P P PForest product salesn CU cu 3e CU P34Mining and excavation* Rock crushing*CU rg P33 Rural 5st Ag 20st Forest & Rangell Ag 5:t P4i P1 P3 Pt P/CUs P Pz Master Planned Master Planned P32 PA53 57 P 11 /ACU 11 / PA n" Publisher's Note: Footnote 37 was erroneously referenced in this section by Qrdinanqg_201.3-:flp] 17.15.060.2 Footnotes Associated with Rural Non-LAMIRD Use Table. 1. Provided use is integrated into and supports the on-site recreational nature of the master planned resort and short-term visitor accommodation units constitute greater than fifty percent (50%) of the total resort accommodation units. 2. No new residence shall be permitted except that related to the business or enterprises allowed in this zone such as janitor or night watchman. Any such residence shall meet the requirements of the residential zone. 3. Not permitted in the Agriculture Study Overlay Zone, Clubhouses, fraternities and lodges limited to facilities that serve traditional rural or resource activities (such as granges). 4. Provided: a. The shelters are used to house farm laborers on a temporary or seasonal basis only, regardless of change of ownership, if it remains in farm labor- needed status; b. The shelters must conform with all applicable building and health regulations; c, The number of shelters shall not exceed four (4) per twenty (20) contiguous acres of land area; d. The shelters are owned and maintained by the owner or operator of an agricultural operation which clearly demonstrates the need for farm laborers; e. Should the parent agricultural operation cease or convert to non- agriculture use, then the farm labor shelters shall conform with all applicable buildings and health regulations. 5, No sign advertising a home occupation shall exceed sixteen (16) square feet in size, Home occupations with no outdoor activities or noise are permitted; home occupations with outdoor activities or noise are a conditional use. ln-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. H. Utilities and Public Facilities Electric vehicle i nfrastructu re* P32 P32 P32 P32 Public facilities*PA53 PA53 PA53 PA53 Solar Power Production Facilities 57 57 57 57 Utilities P9/ACU9/CU9 P9/ACUg/CU9 P 10IACU lglcu 1o P9/ACUg/CU9 Watershed management activities* PA PA PA PA 6. Provided short-term visitor accommodation units constitute greater than fifty percent (50%) of the total resoft 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.L Public transportation deadhead stations permitted; passenger terminals are a ConditionalUse. 9. Utilities are defined and regulated by KCC Chapter 17.61, Utilities. 10. Utilities are defined and regulated by KCC Chapter 17.61, Utilities. Not permitted in the Agriculture Study Overlay Zone. 1 1. Utilities are defined and regulated by KCC Chapter 1 7.61. Utilities. Limited to the capital facilities, utilities, and services necessary to maintain and operate the master planned resort. 12. ln considering proposals for location of campgrounds, the Board shallconsider 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 d isturbances; b. Traffic volumes generated by such a development should not create a nuisance or impose on the privacy of nearby residences or interfere with normaltraffic 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 seruices 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. 23. 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 Chaoter 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 othenrvise 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, ln 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. lt 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 lnfrastructure 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 Quaders 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 modeltrailers 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 lndustries. 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. ln 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 36J9A.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 lnfrastructure. 33, Single family homes located in Twin Pines Trailer Park, Central Mobile Home Park, or Swiftwater shall be subject to the provisions of KCC Chapter 17.24, Historic Trailer Court Zone. 34. When located in the Liberty Historic Overlay Zone, this use is subject to the provisions of KCC Chapter 17.59. 35. Limited to facilities that serve traditional rural or resource activities (such as granges). Allowed as a permitted use in the Liberty Historic Overlay Zone, subject to the provisions of KCC Chapter 17.59. 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 firellife inspection approved by the Washington State Department of Labor and lndusiries. 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 Tra iler 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. lncludes 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 a g ricultural products. 47. Limited to seasonal, non-structural hay storage. 48. Services limited to resource based industries 49. All lots greater than one-halt (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 17.08.155A. 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 ]f 7.61 C.050 and 1 7.61 C.060. 58. Limited to expansion of existing county owned and/or operated facilities. New facilities afe prohibited. (t'tote: A scrivener's error in O-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. lt 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 Commercia I Forest zoning districts; d. Measures shall be taken 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 .1 5.060.2, Foot rrote 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 forV (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. lt 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. 61. 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 cornply with all of the following standards: a. The subject properly 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 localordinances. 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. lnflatable 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. (ad-202!:015,2021; Orcl.2019;01i,2019; Ald" lQru_0-aL,2018; Otcl.201B"018,2A18; Qtd-Z0]-tl" 001. 2018; Or:d, 2016-0?3 , 2016; OrL2gl-5j.U0, 2015; Qrd*2Ql_4.0.1"5 , 2014; Ard-24.U:0!5, 201a; Ord,2014-004,2014; Orcl. 2013-01?,2013; Od,aU3:009 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.O7O.1 Rural LAMIRD Use Table P Permitted PA Permitted Administrative CU Conditional Use ACU Admin. Conditional Use *See KCC Chapter 1 7.08 Definitions Rural LAMIRD+g (Type 1 LAMIRDs) Residential Residential 2 Rural 5 Agriculture 3 Gen' A, Agriculture P PlC P P P Animal boarding*CUT P P P Ag riculture processing*Pz Agriculture production*cul P P5 Agriculture sales,* Farm stand* Pz/Ac Agriculture sales CU Feedlot* Grazing*P P Marijuana Processing* Mar'ljuana Production* Marijuana, retail sales* Nurseries CU CU P Riding academies CU Small-scale event facility. U-Pick/Cut Operations* Farm Visit* Commercial Activities associated with agriculture* AC Residential Residential 2 Rural 5 Agriculture 3 B. Civiland Cultural P9CemeteryP9P9 P9 Clubhouses, and lodges*CU P P10 Gen, P9 Cultural and education facilities CU Libraries CU CU Meeting facilities Museums and galleries CU CU Religious institutions*CU CU CU Schools, public and private* CU CU CU CU lnterpretive Center* Residential Residential 2 Rural 5 Agriculture 3 C. Commercial Auction sales of non- agriculture products Bank Bed and breakfast*CU CU CU CU Clinic*CU TZ CU Day care facilities*CU Funeral home/mortuary Hospital* Hospital, animalor Veterinary* Hotel/motel Office* Restaurant Retail sales,* general CU CU CU CU PA CU CU CU CU Gen, CU PA PA P4€ Retail sales,* lumber and building materials Retail sales,* vehicles Services Shooting range* Tavern Temporary sales office Vehicle/equipment service and repair* Residential Residential 2 Rural 5 Agriculture 3 D. lndustrial CUAirport* Asphalt/Concrete plants Explosives, storage or manufacture P PForest product processing* (portable) Forest product processi ng* (perma nent) CU Freighting and trucking yard or terminal* Hazardous waste storage* Hazardous waste treatment* lmpound/Towing Yard* Junkyard* Manufacturing* Pt_5 P+: P CU P11 Gen, Mini-warehouse Refuse disposal/recycle* Research laboratories Wastewater treatment Warehousing and distribution Wholesale business Agriculture 3ResidentialResidential 2 Rural 5 E. Recreation CU 21 CU 21Campgrounds Golf courses CU CU Guest ranch or guest farm CU CU PParks and playgrounds*P P P Recreation, indoorn Recreation, outdoor* Recreational vehicle park* Recreational vehicle storage* Stadiums PA PATrailsPAPA Residential Residential 2 Rural 5 Agriculture 3 F. Residential P24Accessory dwelling unit Pzq P?4 Pzt P36 P36Accessory living quarter P 3_6 P3g Gen CU CU CU P2: P P PA Gen Pz5 cuiTBoarding house CU 3J CUConvalescent home PDwelling, sing le-family P P P Dwelling, two-family P PP Dwelling, multiple-family CU CU zEFarm Labor Shelter CUGroup Home Facility* Group Care CU P/CUZg PlCU-Home occupation PlCUzt P/CUza P P PManufactured home P CUsE CUsAManufactured home park CU5B P3B PEMobile homes P39Specialcare dwelling P3e P3e P3e P29Temporary trailers P29 P2e P2e Agriculture 3ResidentialResidential 2 Rural 5 G. Resource PForestry*P Forest product sales* Mining and excavation* Rock crushing* Agriculture 3ResidentialResidential 2 Rural 5 H. Utilities and Public Facilities Adult family home Pnz P42 Paz Pqz P42 PZ: PlC P P P P39 Pu Gen, Gen' PA55 PA55Public facilities PAss PA55 59 s9 .59Solar Power Production Facilities 59 P 33 /ACU 33 /CU 33P 33 /ACU 33 /CU 33 P 33IACU 33 /CU 33 P3 /ACU33/CU33Utilities PAPAPAPAWatershed management activities Electric vehicle infrastructure P23 P23 17,15,070.2 Footnotes Associated with RuraltAMlRD Use Table. 1. Limited to the keeping of horses or cattle for personal enjoyment of the owner or occupant of the lot, provided that the lot contains one (1) acre or more. 2. Limited to products produced on the premises. 3. Hay processing and small-scale processing of agricultural products produced on the premises are permitted outright. 4. Slaughterhouses require a conditional use permit. 5. Provided the lot contains one (1) acre or more. Agriculture production on smaller lots requires a conditional use permit. Raising of swine and mink prohibited. 6. As of September 1, 1998, mobile homes are no longer allowed to be transported and placed within Kittitas County. Those units presently located in Kittitas County that are to be relocated within Kittitas County must have a firellife inspection approved by the Washington State Department of Labor and lndustries. 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 Coutt Zone. 7. When located no more than forty{ive (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. P?3 P23 P22 P3r PA PA! 59 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. lncludes 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; l. 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 storag e and/or treatment. Off-site materials shall be accepted only from Kittitas County source sites. ln 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. ln 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 developrnent 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 fofly (a0) square feet each in area; and f. ln Type 3 LAMIRDS, the use shall be conducted wholly within an enclosed building. 23. Subject to provisions of KCC Chapter 17.66, Electric Vehicle lnfrastructure. 24. Subject to the following requirements: a. Only one (1)ADU shallbe allowed per lot; b. Owner of the property must reside in either the primary residence or the ADU; c. The ADU shall not exceed the square footage of the habitable area of primary residence; 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 recreationalvehicles 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. 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 allapplicable 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. ln Type 3 l,AMlRDs, 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 7one. 35. Where the use is only serving a residential PUD and where all applicable standards are met. Electric Vehicle lnfrastructure 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 (507d of the habitable area of the primary residence; c. The Accessory Living Quarters are subject to applicable health district standards for water and sewage disposal; d. Only one (1) Accessory Living Quarters shall be allowed per lot; e. Accessory Living Quarters are to provide additional off-street parking; f. Accessory Living Quarters are not allowed where an Accessory Dwelling Unit or Special Care Dwelling exists; and g. ln 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 firellife inspection approved by the Washington State Department of Labor and lndustries. 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 allapplicable 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 modeltrailers shall be inspected and approved byWashington State Department of Labor and lndustries. 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. ln 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 properly. 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 36.704.1721$ as currently existing or hereafter amended, and shall be limited to lands with poor soils or those unsuitable for agriculture. 4'1. Outdoor recreation activities that cause noise require a conditional use permit. 42. Subiect to orovisions of RCW 70.128.140. 43. Use shall not exceed 10,000 square feet and no more than eight (B) events shalloccur within a calendar year. zl4. 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(sxdxi).* 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(sXdXiii)." 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 LAMIRDS.* 54, Wholesale activity will not exceed 4000 square feet in space.* 55. Pursuant to KCC Chapter 17.62. Public Facilities Permits. 56. Required to meet all the review criteria requirements for conditional use permits found in KCC 17.604.015. 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 (10o/r) ol 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 17.61C.050 and 17.61C-060. 60. Applies only to Snoqualmie Pass l-AMlRD. (Ord. 2021 -01 5 ,2021; Qrd*?gl_8:ge1,2A1B; Ord. 20!4-010, 2018; 8d-?01_B:001, 2018; Qrd.20l5' 01 0. 201 5; Ot'd. 201 4- 01 5, 2U 4; Ar d, 201 4 -0A5, 201 4; Ord. 201 4 -004. 2U 4; Ar d. 2A13412 2013; Orcl. 2013-008,2013; Ord, 2013-001, 2013) 17.15.080 Allowed Uses in Urban Lands (See KCC 17,11.037(4Xa), 17.11.037(4Xb). and 17.11.037(41(c) for allowed uses within the Ellensburg UGA which are zoned Residential (R). Urban Residential (URl. Highway Commercial (C-H). limited Commercial (C-L]. Light lndustrial (l'L). General lndustrial (l-Gll. and PUD (BenderlReecer and thg Vergel, P Permitted PA Permitted Administrative CU Conditional Use ACU Admin. Conditional Use Urban *See KCC Chopter 1 7,98 Definitions. Within the Ellensburg UGA see Chanter 1 7. 7 1.036 for definitions Rural 3 P P Residential Urban Residential Historic Trailer Court Agriculture 3 A. Agriculture Animal boarding*cu1 CU Agricultural Enhanced Uses* Ag riculture processing*PZ Agriculture production*CUT CUS P5 PZ/ AC46Agriculture sales,* Produce Farm stand Agriculture sales CU CU Dairy Feedlot*cu9 Grazing*P P Marijuana Processing* Mar'ljuana Production* Marijuana, retail sales* CU CU PNurseries Riding Academies CU CU ACalCUSmall-scale event facility* P / AC45U-Cut/U-Pick operation* Farrn Visit*CU AC ACCommercial Activities associated with ag ricu ltu re* Residential Urban Residential Historic Trailer Court Agriculture 3 B. Civic and Cultural P9 PgCemeteryP9P9 PClubhouses, fraternities and lodges* AC AC Cultural and educational facilities CU Libraries CU Meeting facilities CUMuseums and galleries CU CU CU CUReligious institutions*CU Schools, public or private* CU CU lnterpretive Center* Agriculture 3ResidentialUrban Residential Historic Trailer Court C. Commercial P CU AC42/CU Rural 3 P9 P Rural 3 Auction sales of non- agriculture products CU Bank Bed and breakfast*AC Clinic*CUtz Day care facilities*CU Funeral home/mortuary Hospital*CU CU Hospital, animalor veterinary* Hotel/motel Office* Restaurant Retailsales,* general Retail sales,* lumber and building materials Retail sales,* vehicles Services Shooting range* Tavern Temporary sales office Vehicle/ equipment service and repair* Residential Urban Residential Historic Trailer Court Agriculture 3 D. lndustrial Rural 3 CUAirpoft* Asphalt/Concrete plants Explosives, storage or manufacture PForest product processing* (portable) CUForest product processi ng* (permanent) Freighting and trucking yard or terminal* Hazardous waste storage* Hazardous waste treatment* lmpound/Towing Yard* Junkyard* Manufacturing* Mini-Warehouse Refuse disposal/recycle* Research laboratories Wastewater treatment PA33 PA{3 PAa:PA43Warehousing and distribution Wholesale business Urban Residential Historic Trailer Court Agriculture 3Residential E. Recreation P cu22 PA43 Rural 3 Campground*cuel Golf course*CU Guest ranch or guest farm* AC Parks and playgrounds*P P P Recreation, indoor*CU Recreation, outdoor*AC Recreational vehicle park* Recreational vehicle storage Stadiums Trails PA PA PA PA Residential Urban Residential Historic Trailer Court Agriculture 3 F. Residential Accessory dwelling unit*P24 P24 P24 Accessory living quarters* P36Pgo P36 Adult family home*Pqt ?41 Pqt Pqt Boarding house CU 37 CU gz Convalescent home Dwelling, sing le-family*P P P40 P Dwelling, two-family*P P P Dwelling, multiple- family* AC cu?1 AC P CU AC CU Rural 3 P24 Pao Pqt PA P CU2iFarm labor shelter* Group home* Group Care Facility* Home occupation*P/CU?7 P/CUaB P/CUl-f. Manufactured home*P P P P Manufactured home park CU50 CU50CUso Mobile home P38 P40 Pv PtzSpecial care dwelling*Ptt Temporary trailer P29 P2e Pze P2e Urban Residential Historic Trailer Court Agriculture 3Residential G. Resource Forestry*P Forest product sales* Mining and excavation*CU 30 Rock crushing" Residential Urban Residential Historic Trailer Court Agriculture 3 H. Utilities and Public Facilities Electric vehicle infrastructure* Pro PI)P1o P1o Public facilities*PAat-PAqI PA47 PA47 Solar Power Production Facilities 5l 51 s1 51 Utilities P 33 /ACU 33 /CU 33 P 33 /ACU 33 /CU 33 P 33 /ACU 33 /CU 33 CU PlCUZA P P cu5A P38 Pn Pzs Rural 3 CU 31 cu 31 Rural 3 P1o PA47 51 P 33/ACU 33 /Cl. PA 17.15.O8O.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. ln 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 ownert their livestock, their agricultural products, and their property. b. Adherence to the practices and recommendations of the 'NRA Range Sourcebook," c. Adherence to the practices and recommendations of the "EPA Best Management Practices for Lead at Outdoor Shooting Ranges." d. Proposed shooting ranges in areas designated as agricultural land of long term commercial significance shall comply with RCW 36.70A.177{3) as currently existing or hereafter amended, and shall be limited to lands with poor soils or those unsuitable for agriculture. 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. L 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 lnfrastructure. 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 toudsm 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 SpecialCare Dwelling must meet all applicable health depaftment 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 lndustries. 18, Limited to service stations, provided there shall be no repairing, repainting, reconstruction or sale of motor vehicles from the premises, 19, lncludes 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; l. 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. ln 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. ln 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 normaltraffic 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 shatl 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. l. 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 17.61, Utilities. 34. Utilities are defined and regulated by KCC Chapter 17.61, Utilities. Not permitted in the Agriculture Study Overlay Zone. 35. Where the use is only serving a residential PUD and where all applicable standards are met. 36. Subject to the following requirements: a. Accessory Living Quarters shall be located within an owner occupied primary residence. b. Accessory Living Quarters are limited in size to no greater than fifty percent (507d 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 SpecialCare 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 lndustries. 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 allthe review criteria requirements for conditional use permits found in KCC 17.604.015. 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 agriculturalsales are provided. 47. Pursuant to KCC ghafXetlZ-6e, Public Facilities Permits. 48. Limited to primitive campgrounds as defined by KCC 17.09J_t5& 49. Agricultural Enhanced Uses which include eating and drinking establishments and/or event facilities for seminars or other socialgatherings are limited to 10,000 square feet of total indoor floor area. 50. Subject to the following requirements: a, Manufactured home parks shall require approvalof 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 park shall provide not less than ten percent ('lW/o) 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 17,6iC.050 and 17.61C.060. (Ord. ZOZ1_-015,2021; Ord. 2019-013. 2019; Ord. 201B-018. 2018; Ord. 2018-001, 2018; Ord. 2015- 023. 2016; Ord. 201 5-01 0,2015; Ord. 201 5-002. 201 5; Ord. 2014-01 5, 2014; Ord. 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, 17.16.015 Development within the Ellensburo Urban Growth Area (UGA) 17.16.020 Allowed uses. 1 7.1 6.030 Minimum lot requirements. 17j6040 Maximum lot coverage. 1 7.1 6.050 Maximum structure height. 17.16.060 Yard reouirements - Front. 17.16.070 Yard requirements - Side. 17.16.080 Yard requirements - Rear. 17.16.085 Yard requirements - Zones Adjacent to Commercial Forest Zone. 1 7.1 6.090 Half streets. 17.16.100 Sale or conveyance of lot portion. 17.1 6.1 1 0 Off-street oarkino. 17.16.120 Reoealed. 17.16.121 Reoealed. * 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.832-2 (part), 1983) 1 7.15.01 5 Development within the Ellensburg Urban Growth Area (UGA) For properties located within the City of Ellensburg UGA. the uses and development standards in KCC 17,11,030 through 17,11.039 shall be utilized. Where KCC 17.11.030 through 17.11,039 does not identify development uses and standards to be utilized for development within the Ellensburg UGA, this chaoter shall aoplv. 1 7.1 6.020 Allowed uses. Uses allowed in the Residentialzone include those uses pursuant to KCC Chapter 17."15. (Qrd. 2013- 001. 2013; Ord. 201ll-013, 2011; Ord. 0-2006-01, 2006; Ord. 96-19 (part), 1996; Ord. 83-2-2 (part), 1983: Res.83-10, 1983) I 7.16.030 Minimum lot requirements. 1. Minimum lot sizes in the R zone are as follows: a. Single family dwelling, seven thousand two hundred (7,zAq square feet; b. Two (2) family dwelling, ten thousand (10,000) 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. ln 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, (Orcl, 2013-Q01, 2013;Ord. 83-Z-2 (part), '1983; Res.83-1O 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 17,1 1.060. (Qd-?01!:014, 2018; Ord. 201 3 -001, 20 1 3; Res. 83 -1 0, 1 983) 1 7.1 5.050 Maximum structure height. No structure shall exceed two and one-half (2 %) stories, or thirty-five (35) feet, whichever is less in height. (Ord, 2013-001, 2013; Res. 83-10, 1983) 17.16.050 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. lf one (1) lot is occupied and the other vacant, the setback shall be the setback of the occupied lot plus one-half (%) the remaining distance to the required fifteen (15) foot setback. lf 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 LAMIRD. (Ord. 2013-001, 2013; Res. 83-10, 1983) 17.15.070 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. 202?-005 ,2022; Ord. 201-9:Q13, 2019; Qrd-ZQ]3"001, 2013; Res. B3-10, 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. (Qrd,2022:005 2022; Ord. 2019-013, 2019; Ord. 201 3-001, 2013; Res. 83-1 0, 1 983) 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 17.57.050Q\. (Ord. 20'13-00'L 2013; Ord. 2007-22,2007) 1 7.16.090 Half streets. ln 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 Sale 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. B3-10, 1983) I 7.1 6.1 1 0 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. 83-10, 1983) 17.16.120 Repealed. 17.15.121 Repealed. (Ord. 201 3-001, 2013; Ord. 2007 -22, 200n Chapter 17.22 UR - URBAN RESIDENTIAL ZONE* Sections 17.22.010 Purpose and intent. 17.22.015 Development within the Ellensburg Urban Growth Area (UGA) 17 .22.020 Allowed uses. 17.22.030 Lot - Size required. 17.22.040 Maximum lot coverage. 17.22.050 Maximum height permitted. 17 .22.060 Yard requ irements. 17.22.065 Yard requirements- Zones Adjacent to Commercial Forest Zone. 17.22.090 Grazing. 17.22.100 Repealed. 17.22.110 Reoealed. 17.22.120 Reoealed. * Prior history: Ord. 277 -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.83-2-2 (part), 1983) 17.22.015 Development within the Ellensburg Urban Growth Area {UGA) For propegies located within the City of Ellensburg UGA. the uses and development standards ie KCC 17.11.030 through 17.11.039 shall be utilized. Where KCC 17.11.030 through 17.11.039 does not identify uses and development standards to be utilized for development within the Ellensburg UGA, this chap-tgr shall apply. This provision shall not apply to the Airport Overlay or properties not reouesting CiW of Ellensburg water and sewer utiliV extensions. 17 .22.020 Allowed uses. Uses allowed in the Urban Residential zone include those uses pursuant to KCC Chapter 17,15. (9rd. 2013-001.2013; Ord.2011-013 ,2011; Ord. 0-2006-01,2006;Ord.96-19 (part),1996;Res. 83-10, 1e83) 17.22.O3O lot - Size required. 1. This provision shall not apply to the Airport Overlay. 2. Minimum lot sizes in the UR zone are as follows: a,-€ingile{amitf dw€$ing?€€ven-theusand*rre-hundred-{df 0$+qu+r€+e$ a. Two (2) family dwelling, ten thousand (10,000) 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.O4O Maximum lot coverage. Refer to KCC 17.11.060. Qrd*2019-014 2018; Ord. 2013-001. 2013; Res. 83-10, 1983) 17.22.O5O Maximum height permitted. No structure shall exceed two and one-half (2%) stories or thirty-five (35) feef whichever is less in height. (Ord. 2013-001, 2013; Res. 83-10, 1983) 17.22.060 Ya rd requl rements. No structure shall be built or located closer than Wventy-five (25) feet to the front and rear property line or within fifteen (15) feet of any side properly 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 .A50Q]r. (Qtd*20'lL.OOL 2013; Ord. 2010-01 4, 201 0; Ord. 2007 -22, 2007) 17.22.090 Repealed. (Ord.2013-001. 2013;Ord. 88-4 $ 2 (part), 1988; Res.83-10, 1983) 17.22.1OO Repealed. (Ord. 2013-001.2013; Ord. 2010-014, 2010;Ord. 0-2009-25, 2009;Ord. 2007-22,2007;Ord. 0-2006- 01, 2006; Ord. 90-10 (part), 1990; Ord.83-2-2 (part), 1983; Res. B3-10, 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 17,24.010 Purpose and intent. 17.24.015 Development within the Ellensburg Urban Growth Area (UGA) 17-24 S20A Existi no Uses. 17.24.0208 Reoealed. 17 .24.030 M inimu m requirements. 17 .24.040 Ya rd reo uirements. 17.24.045 Yard requirements- Zones Adjacent to Commercial Forest Zone. 17 .24.050 Desig n standards. 17.24.060 Plot olan reouired.** 17 .24.07 0 Off -street oa rkino. * Prior history: Ords.68-18,2. ** Pu bl isher's note: Ord inan ce 2007 -22 removed 1 7 .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. 83-2-2 (part), 1983) 17.24.015 Development withln the Ellensburg Urban Growth Area (UGAI For properties located, Within the eity" qf Ellensburg UGA. the uses and development standards in KCC 17.11.030through 17.11.039shallbeutilized.Where KCC 17.11.030through 17.11.039doesnot identify uses and develgpment staosbgds to be utilized for developmeni within the Elleqthufg U$A, this chapter shall apply, 17 .24,020 A Exlsting Uses. The following trailer court zone developments exist in Kittitas County: Millpond Manor. (Ord. 2013- 001 . 201 3; Ord. 2007 -22, 2007 ; Res. 83- 1 0 1 983) 17.24.0208 Repealed. (Ord. 201 3-001. 201 3; 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 for a historic trailer (mobile home) court site shall be three thousand five hundred (3,500) square feet tinfes 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-S zone. 3. Electric Vehicle lnfrastructure. See KCC Chapter 17.66 (Ord.2013-001, 2013; Ord.2011- 01 3, 201 1; Ord. 2007 -22, 2007; Res. 83-1 0, 1 983) 17.24.MO 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- 001, 2013; Res. 83-10, 1983) 17.24.045 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(2). (ord. 2013-001. 2013; Ord. 2007-22,20A7) 17.24.O5O Desig n sta nda rds. 1. All access roadways, parking areas and seruice 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.83-10, 1983) 17.24.060 Repealed. Repealed by Ordinance 2007 -22, 2007. 17,24.07 O Off -street pa rkin g. 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. lf 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 perrnitted on one (1) side at the approval of the Commission providing the driveway width is increased to a minimum of twenty-eight (28) feet. (Qrd-20'!_3:00'!, 2013; Res. 83-10, 1983) Chapter 17.32 C.L . LIMITED COMMERCIAL ZONE* Sections 17.32.010 Puroose and intent. 17.24.015 Development within the Ellensburg Urtran Growth Area (UGAI 17 .32.020 Allowed uses. 17.32.030 Lot size reouired. 17.32.040 Yard requirements - Front. 17.92.050 Yard requirements - Side. 17.32.060 Yard reouirements - Rear. 17.32.065 Yard requirements- Zones Adjacent to Commercial Forest Zone. 17.32.07 0 Maximu m structure height. 17,32.090 Access reouirement. U.3a*]jig 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 wlthin the Ellensburg Urban Growth Area (UGAI For properties located within the CiW of Ellensburg UGA. the uses and development standards in KCC 17.11.030 throuoh 17.11.039 shall be utilized. Where KCC 17.11.030 through 17.11.039 does not identify uses and development standards to be utilized for development within the Ellensburg UGA. this chapter shall apply. 17 .32.020 Allowed uses. Uses allowed in the limited commercial zone include those uses pursuant to KCC Chapter 17.15. (Ord.2013-001.2013;Ord.2011-013,2011;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) 17.92.040 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 vacanf the setback shall be the setback of the occupied lot, plus one-half (1/z) the remaining distance to the required twenty-(20)-foot setback. lf neither of the abutting side lots or tracts are occupied by a structure, the setback shall be twenty (20) feet long. (Qrd-2013:0OL 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. (Ord. 2021-015, 2021; Ord, 2013-001,201 3;Res. 83-10, 1983) 17.92.060 Yard requirements - Rear. There are no rear yard requirements. However, if a rear yard is provided, the minimum depth shall be twelve (1 2) feet. (Ord. 201,3 :00_1, 201 3; Res. 83-1 0, 1 983) 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 Lz57*p50(2). (Ord. 2013-001, 2013; Ord. 2007-22,2007) 17.32.07 O Maximum structure heig ht. The maximum height of any structure shall be two and one-half (2%) stories or thirty-five (35) feet, whichever ls less. (Ord. 2013-00'1, 2A13; Res. 83-10, 1 983) 1 7.32.090 Access requirement. All lots in this zone shall abut a public street, or shall have such other access as deemed suitable by the Board. (Od.2013-001..2013;Ord. 83-Z-2 (part),1983: Res. B310, 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. B3-10, 1983) B C rlro aht,do--Al5it, I eulL0lt{G AREA iluLTrPr[s Cf 2(l Ollttr al Ccrnty Rood Enf rntr t KITTITAS COUNTY cou}lrY toro Frlil r{0, I gTAflOARD PLAI{ VEHICLE SERYICE BUSINE$S. Ororn 4 3a- Dot. r-!o-Ge g$9LY-C! EsUerF-rJlE- ola ,. $ Gorb ot orl|ar ooDrorf! Do?rlir ,lOTgr Itcludat 3)l 6,,.i.rn trrtrnltrrr StrYiCr ccngprat gllora6 ol rhgrtr FO4R0 OF COurftY Gouilr!9r94659l(lTltT4S C0uilTt ,of FXlrFrlrt c Chapter 17.36 PTANNED UNIT DEVELOPMENT ZONE* Sections 17.36.010 Puroose and intent. 1 7.36.01 5 Applicability, *enaaveA.l i'y' t, h./e- 4 $1 k - 17.36.016 Development within the Ellensburq Urban Growth Area (UGAI - Bender/Reecer and the Veroe PUDs 17.36.020 Uses permitted. 17.36.025 Allowed density. 17.36.030 Submittal requirements - Preliminary development plan. 17.36.040 Submittal requirements - Final development plan. 17 .36.45 Review criteria. 17.36.050 Permit issuance and conditions. 1 7.36.060 Reouired imorovements. 17.36.070 Reoealed. 1 7.36.080 Planned unit development alterations. 1 7,36.090 Extensions and expiration. * Prior history: Ords.74-6,2. 17.35,010 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 rnore 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; (Ord.2013-001. 2013;Ord. 2007-22,2007;Ord.90-6 (part), 1990: Res.83-10, 1983) 1 7.35.01 5 Applicability. 1. lnside the Urban Growth Area (UGA) and Rural l-AMlRDs: 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 RuralWorking Land Use Designation, (O rd,_20'L!_-001, 20 1 3) 17.35.016 Development within the Ellqnsburg Urban Growth Area (UGAI - Bender/Receer and the Veroe PUDs For Broperties located within the Bender/Reecer and the Vero_e PUDs r,'yhich are located Within the City of Ellensburg UGA. the uses and development standards ih KCC 17.1 1.030 through 17.1 1,039 shall be utilized. Where KCC 17.11.030 through 17.11.039 does not identify uses and develoornent standards to be utilized for development within the Ellensburg UGA this chapter shall apply. 17,36,020 Allowed uses. 1. lnside the Urban Growth Area and Rural l,AMlRDs, 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, Comrnercial-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. Communitybuildings; ii. lndoor 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,trruo-family; v. Dwelling, multiple-family; vi. Specialcaredwelling; vii. Parks and playgrounds; and b. The following uses where they are only seruing a residential PUD and where all other applicable standards are met: i. Communitybuildings; ii. lndoor 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; iv. Electrical vehicle infrastructure, pursuant to KCC Chapter 17.66; and v. Recreation vehicle storage areas. (Qrcl-201.€:Q23, 2016; Ord. e013"001. 2013; Ord. 20'l 1-013 ,2011; Ord.2007-22,2007; Ord. 90-6 (part), 1990: Res.83-10, 1983) 17.36.025 Allowed density. 1. lnside 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 socialamenities beyond the required minimums are provided. 2. Outside the Urban Growth Area (UGA) and Rural LAMIRDs: 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 LAM|RDs, the density shall be consistent with the character of the existing area as required by RCW 3EjIA,QZAOd). (Qrcl. 2021 -015, 2021;; Orcl. 2013-001, 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 interuals 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; 5. A Landscaping plan. 5. 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); i. The method proposed to insure the permanent retention and maintenance of common open space; i. 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; l. 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 serue as a guide in each successive stage of development until its completion; m. lf 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. (ftd-eU3j0Ql ., 201 3; Ord. 20 1 -0-006. 20 1 0-; Ord. 2007 -22, 2007 ; O rd. 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. {Orcl-?010-006 2010;Ord.2007- 22, 2007 ; Ord. 96-1 9 (part), 1 996; Ord. 90-6 (part), 1 990: Res. 83-1 0, 1 983) 17.96.045 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: i. PUD complies with all amendment criteria in KCC Chapter 17.98; 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 lnteragency 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 lncluding Rural, Commercial and Private Developments"; and/or (3) Urban Wildland lnterface Code {or 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. (Ord, 2013-00.l ,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. (Orci 2013: 001.2013; Ord. 96-19 (part), 1996; Ord.90-6 (part), 1990:Res.83-10, 1983) 1 7.36.050 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. Gd-20$:0Qf,2013; Ord. 90-6 (part), 1990: Res. 83-10, 1983) 17 .36.07 O I nter-jurisdiction review. Proposed projects occurring within the Urban Growth Area shall be jointly reviewed with the associated city. (Ord. 2007 -22, 2007) 1 7.36.080 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. (Ord.?0J3- 001, 201 3; Ord. 2007 -22, 2007) 1 7.36,090 Extensions and expiratlon. 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 7.36.040, unless an extension has been granted pursuant to subsections 3 or 4 below. lf the PUD is associated with a plat with a longer submittal timeframe the longer timeframe shallapply, pursuant to RCW 58.17.140. 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. ln 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 pursuantto subsections 3 or4 below.lf the PUD phase is associated with a plat with a longer submittal timeframe the longer timeframe shall apply, pursuant to RCW 58,17,L40. 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. 5. 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. lmplernenting 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 untilDecember31.2017, to submit final development plans and shall be subject to the timeframes established in subsection 5 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. lf 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. 201 3 -001. 201 3; Ord. 2007 -22, 2007) Chapter 17.40 C.G . GENERAI COMMERCIAL ZONE* Sections 17.40.010 Puroose and intent. 17.40.015 Development within the Ellensburg.Urban Growth Area UGA) 17 .410.020 Allowed uses. 17.40.030 Lot size reouired. 17.40.040 Maximum lot coverage, 17.40.050 Maximum floor area. 1 7.40.p60 Yard requirements. 17 .40.07 0 Heiq ht restriction. 17.40.080 Reoealed. 1 7.40.090 Access reouirement. 17.40.100 Half streets. 17.40.110 Reoealed. * 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 (i.e., Vantage, Easton) where a wide range of community retail shops and services are available. (Ord. 83-Z-Z (part), 1983) 17.40.015 Development within the Ellensburg Urban Glowth Area (UGAJ For properties Lgcated within the CiW of Ellensburg UGA, the use and development standards in KCC 1 7.1 1 .030 through 17.1 1 .039 shall bq utilized. Where-.KCC 1 7.1 1 .030 throuoh 17.1 1 .039 does not identify use and development standards to be utilized for development within the Ellensburg UGA. this chapter shall apply, 17 .4O.O2O Allowed uses. Uses allowed in the general commercial zone include those uses pursuant to KCC Chapter 17.1 5. (9rd..2013-001 ,2013; Ord. 2012-009,2012; Ord. 2011-013. 201 1; Ord. 2010-014. 2010; Ord. 2007-22, 2O07: Ord.96-19 (part), 1996; Ord. 93-1 (part), 1993; Res. 83-10, 1983) 17.40.030 Lot size required. There shall be no limitation. (Res.83-10, 1983) 17.40.040 Maximum lot coverage. There shall be no limitation. (Res, 83-10, 1983) 17.40.050 Maximum floor area. There shall be no limitation. (Res. B3-10, 1983) I 7.40.060 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. (Ord. 2013-001 ,2013t Res. 83-10, 1983) 17.4O.O7 0 Height restriction. There shall be no limitation. (Res.83-10, 1983) 17.40.080 Repealed. (Ord. 201 3-001, 2O13; Res. 83-10, 1983) 1 7.40.090 Access requircment. All lots in this zone shall abut a public street, or shall have such other access as deemed suitable by the Commission and Board. QrO-AE!g-Ogt 2013; Ord. 83-2-2 (part), 1983: Res,83-10, 1983) I 7.40.100 Half streets. ln 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. (Qrd. 2013-001, 2013; Res. 8310, 1983) Chapter 17.44 C-H HIGHWAY COMMERCIAL ZONE Sections 11/ !19 Purpose and intent. 17.48.015 Development within the Ellensburg Urban Growth Area UGAI 17.44.020 Allowed uses, 17.44.030 Reoealed. 17.44.040 Minimum lot size. 17 .44.050 Setback requ i rements. 17.44.055 Setback requirements- Zones Adjacent to Commercial Forest Zone. 17 .44.060 Buildino heioht. 17.44.070 Reoealed. 17.44.080. Access. 17-44.O1O 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. 83-2-2 (part),'l 983) 17.44.015 Developmentwithin the Ellensburg Urban Growth Area (UGAI For proBerties located within the City of Ellensburg UGA. the use and development standards in KCC 17.11.030 through 17.11.039 shall be utilized. Where KCC 17.11.030 through 17.11.039 does not id-entify use and development standads to be Utilized for develop-nent within the Ellensburg UGA. this chapter shall aoolv. 17.44.O2O Allowed uses. Uses allowed in the highway commercial zone include those uses pursuant to KCC Chapter 17.15. (Ord. 2013-001 ,2013; Ord. 201 1-013. 201 1; Ord. 2007-22, 2007; Ord.96-19 (part), 1996; Ord. 83-2-2 (part), 1983) 17,4.O1O Repealed. (Ord. 2013-001, 2013; Ord. 83-Z-2 (part), 1983) 17.4,O4O 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. 83-2-2 (part), 1983) 17.4.O5O 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) feet 3. Rear Setback. Ten (10) feet; 4. Side and rear yard setbacks may be modified in accordance with KCC 16.10.065. @r!.24?2-Oa5 2022; Ord. 201 3-001. 201 3; Ord. 2007 -22, 2007 : Qrd. 83-Z-2 (part), 1 983) 17.U.O55 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. 2013-001. 2013; Ord. 2007-22,2007) 17.4.060 Build ing height. The maximum height of any structure shall be two and one-half (2%) stories or thirty-five (35) feet, whichever is less. {Ord.83-2-2 (part), 1983) 17.4.O7O Repealed. (Ord. 201 3-001, 201 3; Ord. 83- Z-2 (part), 1 983) 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. 't7.48.015 Develo.pmgnt within the Ellensburg Urban Growth Area UGA'I 17 .48.020 Allowed uses. 17.48,030 Minimum lot size. 37,.48.040 Front, side and rear yard requirements. 17.48.050 Setbacks. 1 7,48,060 Heioht restrictions. 17 .48.07 0 Lot coveraoe. * Prior legislation: Ord. 2 $5 13, 13.01, 13,02.01, 13.02,02, 13,02.03, 13.02.04, 1 3.02.05, Ord. 71 -5 and Ord 76-3. 17.48,010 Purpose and intent. The light industrial zone is established to preserue 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. (QId.20l;!-00'!, 2013; Ord. 83-2-2 (part), 1983) 17.48.015 Development within the Ellensburg Urban Growth Area (UGAI For oroperties located within the City of Ellensburg UGA. the use and development standards in KCC 17.11.030 through 17.11.039 shall be utilized. Where KCC 17.11.030 through 17^11.039 does not identify use and develgoment standards to be utilized for development within the Ellensburg UGA. this chaoter shall aoolv. 17 .48.O2O Allowed uses. Uses allowed in the light industrial district include those uses pursuant to KCC Chapter 17.15. (Ord. 2013-001.2013;Ord.2012-009,2012;Ord.2011-013.2011;Ord.2010-014.2010;Ord.96-19(part), 1996; Ord, 832-2 (part), 1983) 17.48.030 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. (Ora*aEE:QU, 2013; Ord. 93-1 (part), 1 993) 17.48.040 Front side and rear yard requircments. There are no yard requirements, unless the properly 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.83-2-2 (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. lf 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. 20'!_3-00'!, 2013; Ord. 83-2-2 (part), 1983) I 7.48.060 Heig ht restrictions. There shall be no limitations. (Ord. 83-Z-2 (part), 1983) 1 7.48.070 Lot coverage. No structure or combination of structures, including buildings, shall occupy or cover more than fifty (507o) percent of the total lot area.(Ord.20'!.3:00'L 2013; Ord.20'12-009. 2O12;Ord.93-1 (part), 1993) Chapter 17.52 I.G GENERAT INDUSTRIAL ZONE Sections 17.52.010 Puroose and intent. 17.52.015 Development withiqthe Ellensburg Urban Growth Area UGA) 17 .52.020 Al lowed uses. 17.52.030 Reoealed. 17.52.040 Front side and rearyard requirements. 17.52.050 Setbacks. 1 7. 52.060 Heiqht 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. (Ord.2013-001. 2013; Ord. 83-2-2 (part), 1983) 17.52.015 Developmentwlthin the Ellenrburg Urban Growth Area {UGA! For properties located within the City of Ellensburg UGA. the uses and development standards in KCC 17.11.030through 17.11.039 shallbe utilized. Where KCC 17.11.030 through 17.11.039 does not identify development uses and standards to be utilized for development within the Ellensburg UGA. this chanter shall aoolv. 17 .52.020 Uses permitted. Uses allowed in the general industrial zone include those uses pursuant to KCC Chapter L7.'U. (Qd" 2013-001, 2013; Ord. 2012-009, 2012; Ord.2il1-A13,2011; Ord. 2ffi7-22,2007; Ord. B3-Z-2 (part), 1983) 17.52.030 Repealed. (Ord.2013-001. 2013; Ord. 2012-009, 2012; Ord 2007-22,2007; Ord, 93-1 (part), 1 993; Ord. 83-72 (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. (Ard.83-2-2 (part), 1983) 17.52.050 Setbacks. lf 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 ,2O13; Qrd. 2012-009, 2012; Ord. 2007-22,2007; Ord. 96-19 (part), 1996; Ord. 83-Z-2 (part), 1983) 1 7.52.060 Helght restrictions. There shall be no limitations. (Ord. 83-2-2 (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. (Ord.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 rr$Frfi{l{}-ttrnn- 1i1,r.{'5)-unrelated individuals living together as a single housekeeping unit, and doing their cooking on the premises exclusively as one (l) I 54.05.020 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: l. Staff presentation, including submittal of any administrative repofis. Members of the hearing body may ask questions of the staff. 2. Applicant presentation, including submiual of any materials. Members of the hearing body may ask questions of the applicant. Questions to the staffshall be posed by the chair at is-j1g discretion. 1 7.608.050 Adminishative 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 pormitting 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 fbllowing findings can be made regarding the proposal and are supported by the record: l. That the granting of the proposed administrative use permit approval will not: l. 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 plan, and any implementing regulation. KCCl7.15.060.1 Allowed Uses in Rural Non-LAMIRD Lands P Permitted PA Permitted Administrative CU Conditional Use ACU Admin. Conditional Use * See KCC Chapter 17.08 Definitions E. Recreation Rural Non-LAMIRD Rural Rural Residential Working Rural Recreation Master General Rural Planned Commercial Recreation Ag 54e Ag 2@ Forest & Range Rural Residential & Rural Recreation PUD CU l2 Rural 54e CU12 CU CUUPt2 54 **Campground* Golf course* CU CU CU CU ** CU Guest ranch or guest farm* CU CU CU CU ** Parksandplaygrounds* P P P! P P P Recreation, indoor* P CU Recreation, outdoor* AC AC CU CU AC AC Recreational vehicle park* CU CU CU Recreational vehicle/equipment service CU as and repair* Recreational vehicle storage cu 26 Stadiums Trails PA PA PA PA PA PA 17.15.060,2 Footnotes Associated with Rural Non-LAMIRD Use Table. CUl3 CUra CUU CU P P16 p+a CU CtJu P26 PA CU CU P CU AC CU PA 26. Recreational vehicle storagemay be enclosed or outdoor storage ofrecreational vehicles orboth. 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, recreafional vehicles shall not be stored outside when the site is contiguous to a residential zoningdistrict. 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. I 5.060.2 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 afterial, 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. L 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-? 3ili!Jil-0 .!Lf{t.Qil_(], 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 5{t.l 7.140. t7 .7 0.060 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) {**iq;t-l-'orr*+nlpt-silrns-aslNrviderl-ir.-ltG(,'--{ieeden-!{-@0-.lg-n$ll signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attaohment to a rigid wall, frame or sfucfure. 17.15.070.1 Rural LAMIRD Use Table Residertial Residential 2 Rural Agricultur Lighl Gcneml Forest& Industrial Indushial Range Gener Limited al Highway LiCht PUD Commerci Com Commercia Industria al merci I I al cu4! Geneml Highway Commercia Commercia lt D. Industrial Airport* ,{,sphalt/Concrete plants Explosives, storage or manufacture CU cui: CIJ CU 17.15.070.2 Footnotes Associated with Rural LAMIRD Use Table. 46. No new airports. Existing airports may expand or enlarge in compliance with applicable standards and regulations.* tt ttrl -tr+glt lt f ioll;.-x 14.O4,O45 Recreational Vehicles and Park Model Trallers. l. Definitions 7. Additions to a park model are prohibited. 8. An RV may not be ussd as a residence, except if it is a primary residence and is located in a manufacturer/mobile home community as defined in RCW 59.20.030 that was in existence before June 8, 2008, except that a park model trailer may be used as a special care dwelling unit per KCC 17.08.500. Such placement shall be conditioned upon meeting all the requirements placed upon a park models, mobile and/or manufactured home in the same location. 9. Except as provided in KCC l?.92.010, unless an RV is being used as a primary residence pursuant to subsection (?8) above, an RV may be used for no more than four (4) weeks out of any six (6) weeks and shall be fully licensed and ready for highway at all times. An RV must be disconnected from utilities during the weeks that it is not in use. Exhibit C: Docket Item 22-A4 Residential Structure Definitions 17.08.022 Accessory dwelling unit. "Accessory dwelling unit" means separate living quarters detached from the primary residence lhal ilclrrdcs alt ittstallcllceir* Sqltu {$uch as n rangc/Ovctrllroqd vcnl}. I 7.08.023 Accessory living quarters. "Accessory living quarters" means separate living quarters )vith an,i(r$taUglcook source (such as a $ugdiyctduud vglll) 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 care facilities" means *ly-lrrltrrt -tnretl lirr dte thily'eat+.and srl1ttrra,i'rii*t-*r{-rlrirtee**{.J)-+*lHore l.i-.t.:r:U.r_c.r! Crt{[[s!111t1X1."1iry Hr3!!l) !ij!tr] of r4lrrrcsitle rri rrduljs-or,eldldrgU. 17.15.070,1Rura| LAMIRD Use Table P Permitt d PA Permitt d Admini slrativs CU Conditi onal Use ACU Admin. Conditi onal Rural LAMROdg (Type I LAMIRDs) Rural Employment Centerss,g (Type 3 LAMIRDs) Residen tial Resid ential 2 R u ra I 5 Agr icul ture 3 Gener al Com merci al Hish way Com merci at Lish t Indu srial Gen eral Indu stial Fo res t& Ra ng e P U D Limite d Com merci al Gener al Com mercl al Hish way Com merci al Lish t Indu shial Use *See KCC Chapter 17.08 Definiti ons A. Agricul ture Animal boardin stfib CUl P P P P P P Agricul hre processi ng* pz P/CU 4 PIC U{ PlC U4 c U P/CUt P/CU 4 PlCU 4 PlC Ul Agricul ture product ion* cul P P5 p4 p4 Ps p4 Agricul ture sales,* Farm stand* P7 IA C P P P P P Agricul fure sales CU Feedlot rfi PPPP PPPPGrazrng *P P P Marijua na Prooess ing* AC u56 AC u56 Marijua na Product ion* AC r T56U_ AC u56 Mariiua n4 retail sales* Nurseri es CU CU P C U P P P CU Riding academ ies CU c U Small- scale event facility * U- Pick/Cu t Operati ons* Farm Visitf Comme rcial Activiti es associat ed with agricult ure* AC Residen tial Resid ential 2 R u ra I 5 Agr icul ture 3 Gener al Com merci al High way Com merci al Ligh t lndu strial Gen eral Indu strial Fo res t& Ra ng P U D Limite d Com merci al Gener al Com merci al High way Com merci al Ligh t Indu shial B. Civil and Cultural Cemete ry pe pe P 9 po pe pe pe pe c U P 9 pe po pe pe Clubho uses,CU P Pl0 rr U and lodges* Cultural and educati on facilitie s CU Librarie s CU CU Meetin db facilitie S Museu ms and gallerie s CU CU CU l"u c U CU CU Religio ns instituti ons* CU CU CU c U Schools , public and private* CU CU c U C UCU Interpre tive Center* Residen tial Resid ential 2 R u ta I 5 Agr icul ture 3 Gener al Com merci al Hish way Com merci al Ligh t Indu strial Gen eml Indu strial Fo res t& Ra ng e P U D Limite d Com merci al Gener al Com merci al High way Com merci al Lieh t Indu strial c. Comme rcial Auction sales of non- agricult ure P P product Bank PA PA Bed and breakfa st* CU CU C U CU CU CU C U c U cutl CUsT CU!! Clinic*CU12 CU CU Day care facilitie str rlicl P/cu!1 CU CU CU Footnote (r3-, Uiu,!-rus-!s9!]i!req rsry.r!'itlc -! ] u1 rruls rrdulls "u{ r,lukL-su .r:rthur a ?4:ltqu lurrrx! Lu-gni!:u ir 17.15.080 Allowed Uses in Urban Lands P Permitte d PA Permitte d Adminis trative CU Conditio nal Use ACU Admin. Conditio nal Use *See KCC Urban Resident ial Urban Resident ial H ist or lC Tr ai le r c o ur t Agr icul ture 3 Rura l3 Rura ls Limite d Comm ercial Genera I Comm ercial Highw ay Comm eroial Light Indus hial Gene ral Indus hial Fore st& Rang e P U D Chapter 17.08 Definiti ons A. Agricult ure Animal boardin g* cul CU CU CU Agricult ural Enhance d Uses* Ple o49 Agricult urg processl ngtF p2 P p4 p4 cu Agricult ure producti on* CUl CU5 P5 P P P4 P4 P5 Agricult ure salesr* Produce Farm stand P7l AC4 5 P Pll AC46 Agricult ure sales CU CU CU CU Dall"y Feedlot*CU c cu! Grazing *P P_P P P P P P_P-P Marijua na Processi ng* ACU u ACU M Marijua na Producti on* ACU 44 ACU a Marijua na, retail sales* Nurserie s CU CU P P P P P P CU Riding Academ ies CU CU CU CU Small- scale event facility* AU- 4C U AClz /CU Le /cu AE /CU U. Cut/U- Pick operatio ntF P/ AC4 Farm Visit*CU CU CU CU CU CU CU Commer cial Activitie s associat ed with agricult urer AC AC Resident ial Urban Resident ial or ic al 1e r c o Agq icul ture 3 Rura l3 Rura l5 Limite d Comm ercial Genera I Comm ercial Highw ay Comm ercial Lieht lndus trial Gene ral Indus trial Fore st& Rang e P U D B. Civic and Cultural Cemeter v pe Pe P 2 pe pe pe pe Pe pe Pe pe CU pe Clubhou s9s, fraterniti es and lodges* AC AC P P P AC Cultural and educatio nal facilities CU Librarie CU P P Meeting facilities Museum s and galleries CU CU CU DTI P CU Religiou s instituti ons* CU CU CU CU Schools, public or private* CU CU P P CU Interpret tve Centert Resident ial Urban Resident ial H ist of ic Tr ai le r C o llr t Agr icul ture 3 Rura l3 Rura l5 Limite d Comm ercial Genera I Comm ercial Highw ay Comm ercial Light lndus trial Gene ral lndus rial Fore st& Rang e P U D c. Commer cial Auction sales of non- agricult ure products CU P CU Bank P P Bed and breakfas tt( AC AC AC Clinic*CUU Day care facilities * rull eeujj CU p/c.ui4 p/ct r5a CU CU CU CU Footnote 54. llav Llarc Faeilities scrdc,Lnq lJ_crrrrxlls fldulrs olduklltuyllll1trjl4:luru_tujorlle_glurl;-il iet-di!tpliil-Ujsllcrrnit-All I)uy-e;ur lrrsrl(lsillgs!--e-qtltd-y..$'-[hi!!1..-s]gtc lis$$!ulsgu!.t'sl.r-ctr!s* 2021 Docket Enabling Ordinnnce Page 31 December 20,2022 Exhibit E: Docket Item 22-06 Highway Commercial Maximum Structure Height 17,44.060 Building height. The maximum height of any structure shall be trvs*n*onetralfi?-l4lr*trlliss+x.{tir'ry{ivs (35i &e&-ny-1ffi evel' f les,Ap-.tht. 2021 Docke( Ennbllng Ordlnancs Page 32 December 20,2n22 Exhibit F: Docket Item 22-07 Vesting of Access Points l?.{}5.090 l}rive}vav Apce$s Pledfltirlq thc Adopliuti qf'ltpnd'Devek}nment ti$ndsrd$ I)rivswny $$qqs$ sxi$ling pdlrr to.lhn (gnuly's. u"{rr}ptiorr of $tart{af{l Sprcilfuatioitr rj Boad $nd lliidqq 2021 Docket Enebllng Odlnlnce Page 33 Dccomber 2412022 Exhibit G: Docket ltem 22-48 Subdivision for Existing Residence and Lot 16.12.040 Comprehensive plan and zoning regulation conformance. All proposed subdivisions shall conform to the county comprehensive plan and all applicable zoning regulations in effect at the time they are submitted for approval. Lots shall be of sufficient area, width and length to satisff zoning requirements, or, where zoning controls do not apply, to satisfy the minimum health and sanitation requirements of the county health department, If, as of July 26,1996, an existing lot was lawfully occupied by two (2) single family dwellings, such lot may be granted short plat approval under KCC Chapter 16.32 in order to permit the segregated sale or refinance of such dwellings, even though one or both of the resulting new lots will have dimensions less than required for the zoning district in which the property is located; provided, however, that the degree of density nonconformity shall not be increased. Site triangles shall be consistent with KCC I 2.04.030. (Ord. 2022-005 , 2022; Ord. 202 I -01 5 , 2021; Ord. 201 6- 023, 2016: Ord. 2005-3 l, 2005) Nr:u, Snrnll l,ols i\r'ourrrl lr.li.1hg ltcsirlcnccs A. l,r.l: U,itli! A-(rzlruilrg tli.stdq$ i-rrr-:ly!irrg {'ornmerr":ilrl IU. r\!i-,1!l arrd 4(i-5 z.orus lhAt itLC gl,t).tr!;r lltitl.lht,:q a.q;1-c5lpity [ru sqlrrlirj<k:rl {o r:tcllt: !_)!.r!].Ig-t1l-l lrrlttt.tttttUl ntt g_4jstiqg r9_q!-<!9,nge. subject to lccordirlg of a covenant prgctu{ipg fuflb,e-f"divi.siqn qf Uu $Lbiqcl.lut u:}ilt dsrrcrri[c.q! &rt itsl:i!:ulturql uss-hl Urli 4d1111lsr! Kiltttas,(ur.ul-y lLqlrus{puril'r'!'!rrruliruu-uitu lbu trridrnull (!di[$l,lu!:.rll !se-q.!,\it!J tl) ir11g911rq11p-r,l_r.1lr; !J41 1p191r1r,s.gq!1qs.g, itrttl il lta.r t:orrllirrcrl it lrtrr lirlly exi.!!ittg t'esitlctrcc lirt' i.!L l!tt,\.1 t hu -hrL !l t-!: )i!;i!!..:. -rldr r.li,t ! ! r !.[! lirl le rrrit g, .!'lrt: Jivq J,eiu clitlc [irr the est;rblisltIrqtrt ol'it lau'lirlly ,-,xisJittg re-sitlencc Fli.!r:t$ l.t!l!.U.1-ll!":"j,,5lr-liULlc ddr: t{.'l !,-r"-tlilisl!.p 111'! )9s11p,1111r:l -1,::tl!r'; !.lujlrlirrg(lLiU:ritlur lltc {.irir:rrl't.hrl ligu uli'r1r tlrc i{tttl.ir\1'qd.-litpl Jll.\l!_r:r-t&)!! lsr ilUi !4s!.lll"1ti-rr,U pq1ni1, il'!!,rr,'tgrLleU$s i-t it.lUir-Lt-Lli-*lrUSd lrll!r.e_, t!-UtUputtttit htU$.tbilg1l 1o ob-tairr l ('cllilic-41u r"rj-!).u!itUlit!tty lu ir1t11r'9vcrl lirlirl-itrurcc-tirru -rtl'it !',l.s.l!luut:!:, tlrt: iqrplic--lnt u!r!)' llt-r)-v:i(h; ttll$r cr,'i{_uttr:c lo c-stahlislr.!lt-c lllt!c ul'l,lr-c lr:sitlctt-q1:. lltrtvcve!,i lrtl illttrliQidl!!s JiU !iUr_tl.tlivLrr-o1ryill hr: i!q-i&p-t_c!l r.Ur!i! .rUu! titrt_r": tlriU tr-!l_clti!'!c_itlq jrl' !.|-ctr.!tl*iqt_E-v-.lr-.1t,[u:eu igsu,crl er lpprg\,.r:tl llrri-rl itt.:rLqq!.intt.ltiUbSCtt g!lll1d!I$-!! i1gll.-!!-ll 1ct;11ir.q1l cl.tiUtgpr ltuve_ hectlnrltlc. il'1911uit!(l-by.Jltr: !SUi.lrlirtg_(lJUUrjtl, Sr_rqlttlrnrl'iltrtt!_r.r-ltrrirql lirr t'r.',!rtlcttrig:.:*,isXd!"i:!rg[ 2021 Docket Enabling Ordinance Page 34 December 20r2022 p1i91_ltr tht: atltrplion ol tlrc lruiltlirtq codc by Kittitns (lountv rtn AIUIlJf, 1984. il @ to three acres i[size, except lhe Director may authuriz.c a laru,cr lut sizc undql'subsscti{rn I6.I2,040(I XAXiii). iii. l,ntretl,glllruAUlgta!'d.'l'hc Director m$y nllrorizc_a lqreer lol u!t-'; lylrsttllrciup!js!t!t! ritthtnil.!.cvidsllp otjnfor:qatiollbat documenlqane or more of the fbllowing: a. '!hs.Kil[!.$-lluur-rly. f,lealth !&niuUus[l dslslxurc"s-illarger$ea-u nccossaly.to inqludc flpproved wdlct: $utlply ilrld sswa[c disposal sfgeru wttlr it lhc lgL ot b. Iulagrsa!_dtrr.uau tgcrciUglls-lrl-jidlqug lp]ysieal l'ealur,s which acts as- g .bstafid9,p:Agligpl-abslade.tq -uapqd -qed necessary farminq practices (e.e.. rock outcrops: Type S and NP streams. slopes exceedins llVo: or a different inlervenins in-fee owrcrslrip plrysically scllarntcs_Llral Dgl'ccl [r.y n Slnte lrielrryay rI' prUUlry,UrigillX111 "dl$ie!-q{U0l_or.11lAior su b lqlqnl): _e!: c. gjg1gcrJot siz!, is_ncscssury l(r enepmlra.ss cx.islilrq-fglfllcd-!Sgt-![' structures in immediate proximitv The lot comprising the balance of the division shall be capable of meeting all applicable setbacks and other requirements to ensure its continued auricultutal usc. -Any snrall lot nlkrtved trt bc thrce acles o[ sreatcr: in rize sllall still bS sansrdsrtd o rnudl lp! rrttl!"ts_ttel_ aqpablgl{ bsillg liu-lbcr -s-ubdiyldsd untlci' lhis'Scction. A covcrrant or nlal rrote intlicatirrg tlris rcstrictio0 shall be recorded whenever a largel lot size is granted. lv 2021 Docket Enabling Ordinance Page 35 December 2nr2022 Exhibit H: Docket ltem 22-09 Stnrcture Setbacks for Retaining Walls and Overhang Setback Encroachment 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, an<Letairrirrg walls that arc 4 [ee! !r less irr height measured llont the bpttorr of .tlre looilttgto tlte tE>.pf ttre wall-r:Ot supBElingjt_ru$Atge-otinspguding Class l. ll or lll-A liquids are excluded from this definition. 17.08.580 Vard depth. "Yard depth" means the minimum perpendicular distance between any point on a lot line and the nearest part of any structure or building, excludinq arr 18 inch eave (overlrano) no closer tlrart 5 fe.et to tlre.p-ppetty lirle-atd excluding retairlirrg walls rtecessar${ot access- perrnits as d-etetntted lrJ Kit tila:-eouty- -BuhliE-Ws*:. 2021 Docket Enabling Ordinence Page 36 Decembcr 20,2022 Exhibit I: Docket ltem 22-ll 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. Ni4!qqn&!x!tg-rc.r-rdud'r!-.:!rur'!ues-l}gll- trc!-lrrr'isule(lclqlr!ru=uurreleel itr rruz-u:tt-l.lrrlt i [g"lgitlc:r,rulacf r r i lbr"rr.U_!-y, 202I Docket Enabling Ordlnnnce Page 37 December 20,2022 Exhibit J: Docket Item 22-12 Rear Yard Setbacks 17,16.080 Yard requirements - Rear. 1. There shall be a rear yard with a minimum depth of twenty-five (25) feet-tt*he-rntrir {rui}4it6, 2. The rear yard setback depth shall be fifteen (15) feet to.the *rairr lxrildinp for parcels within the Snoqualmie Pass LAMIRD. 3. Rear yard setbacks may be modified in accordance with KCC 16,10.065. (Ora-2422-0q5,2022; Ord. 2019-013, 2019;Ord. 2013-001, 2013;Res. 83-10, 1983) 17.f8.080 Yard requirements - Rear. t. There shall tre a rcnr yard witlr a mininrurn depth of twenty-live (25) fecl t* the,rnni*huilding. However one accessory structure may be conshucted within five (5) feet of the rear lot line. 2. The rear yard setback depth shall be fifteen (15) feet lr+{he+nai**xrilCing'for parcels within t}re Snoqualmie Pass LAMIRD. 3. Rear yard setbacks may be modified in accordance with KCC 16.10.065. Qd. ZOZZ-OOS ,2022; Ord. 2019-013,2019; Ord. 2013-001 ,2013: Ord. 8910 (pa$, 1989) 17.28.060 Yard requirements - Rear. There shall be a rear yard with a minimum depth of twenty-five (25) feel-lo tlre-nrnin lruildirrg. Rear yard setbacks may be modified in accordance with KCC 16.10.065. (Qd.2922-00f ,2022; Ord. 2013-001, 2013; Res.83-10, 1983) 17.284.060 Yard requirements - Rear. There shall be a rear yard with a minimum depth of twenty-five (25) feet-lo{he+n*irr-builtlir4. Rear yard setbacks may be modified in accordance with KCC 16.10.065. (Ord,2A22-005,2022; Ord.?gl3-001, 2013; Ord. 2005-05, 2005) n.29.470 Yard requirements - Reor yard. There shall be a rear yard with a minimum depth of twenty-five (25) feet+e+he-n+ai,n-build$g. Rear yard setbacks may be modified in accordance with KCC I 6. 10.065. (Qd.lOZZ.QQi , 2022; Ord. 201 3-001 , 2013; Res.83-10, 1983) 17,31.070 Yard requirernents - Rear yard. There shall be a rear yard with a minimum depth of twenty-five (25) feet trl+he-r.rlrri*l*riltlilg. Rear ymd setbscks may be modified in accordance with KCC 16.10.065. (Ord. 2022-005,2022; Ord. 2013-001, 2013; Ord. 96-15 (pa$, 1996) 2021 Docket Enabling Ordinance Page 38 December 20,2022 17.56.060 Yard requirementc. l. Front Yard. There shall be a minimum front yard of twenty-five (25) feet. 2. Side Yard. Side yard shall be ten (10) feet. 3. Rear Yard. There shall be a rear yard with a minimum depth of ten (10) feet-.tt+{he-rnrir-buiklir6. 4. Side and rear yard setbaoks may be modilied in accordance with KCC 16.10,065. 2021 Docket Enabllng Ordlnance Page 39 Decembor 2012022 Exhibit K: Docket ltem 22-14 Public Agency and Utility Exception 15A Tobte A trrollt{t Adorilirltlil! Ut* 1 Stl' 1 Publlc Cornm.nt P.tlod ll d.yr sr.p f Op.n R.cord Hlrrlng tlonc s|lp 3 Drchlon Strll Strp 4 Adrrlnhindvr ApFill Sr+ 5 Jrdlchl AppoF soD. Covi slp,Cilrt U$-.lgJil ,!ur,.!s!!.1 t$,CourtHE llndlng slt Plrn!15 dryr l{onc shr HE lS.byi Noil It ll lllZonho Vxhn(cr $nI tlJf:..d* - At.nryrrldUilllryflopllor !lser:BLXT !.qr-!U'l{!ji:-::li-!!! tsoption !i rl{rt !$]1e !!}]{st 2021 Docket Enabllng Ordlnance Prge 40 December 2012022 Exhibit L: Docket ltem 22-15 Recycling Service Level Chapter 8.21 Recvclinq Servioe Level Sections 8.21.005 Effective Date 8;21.010 Purpose. 8.21.020 Deflnitions. B.?1.030 .Regidential cutbslde recvclinq and vaJd waste rollection boundadeg 8.21.040 Minimum levels of curbside recvclinq and vard waste collection service. 9.21.050 Curbside recyclinq and yqrd waste collectiotrates. 8.21.060 Countv notification of WUTC tariff filinqs. 8.21.070 Proqram promotion and education requirements. 0.21 .Q80 Feporting Requirert0ents. 8.21.005 Effective Date This ordinance shall take effect on Januarv 1, 2024. 8.21.010 Puroose To address increased demand from Kittitas Countv Re$idttnts for curb.$ide recvclinq and vard waste collection. 8.21.020 Definitions. Sections 8.21.021 Cal 8.21.022 Curb or Curbside 8.21 .023' CoinBsst Facilftv. 8:21 .024 Curbside iecvclinq. 8.21.025 Division. 8.21.026 Eliqible Residence 8.21.027 Group Coflection Sito. 8.21.028 Material Recoverv Facilitv. 8,2.1 .029 Multifamilv Ctrstomer. 8.2 1 .030 Multifamllv Residence. 2021 Docket Enabling Ordlnance Page 41 December 20r2A22 8.21.021 1 Recvclable Materials. 8.21.0212 Sinole-Familv Customer. 8.21,0213 Solid Waste. 8.21.0214 Sslid Waste Comoanv. 8.21.0215 Yard Waste. 8.21.0216 WUTC. 8.21.O21 Carl. "Cart" means a watertiqht hqavv plaslic tecgi,tacle with a raled oapacitv of anoroxirnatelv ninety-siI (96) oallpns. luvino a hinoed. lishl-flttinq lid and two (2) wheels. 8.21.022 Curb or Curbside "Curb or Curbside" means the area within five (5) feet of a public street where collection services occur. lf safe access is diflicult or if extraordinary circumstances preclude a parlioular location, curbsidb shall be colqidered a placemerlt suitable for customers, csnvenient fof contractor'g equipment, and muluallv aqreed to bv contractor and WUTC. Contractor will assess a fee for communities that have covenants that do not allow curbside placement of cgntainers. 8.21 .023: Compost Facilitv. "Compost facilitv' means anvfacilitv that is permitted to accept orqanic materials as defined in WAC 173-350-100. 8,2:1.024 Curbside recvcllna. "Curbsicle recyclinq" means the collection of food packaoinc{. producl packaoinq. and paper produots desiqhated in the curfent Kitlilas Countv oomprehensive solid waste manaqement plan and comin0nlv found ln rebldential garbaqe that are best manaqed bv returnino thern to a remanufacturino ovcle. 8.21.O25 Division. "Division" means the solid waste division of Kittitas Countv.deparlment of .solid waste. 8.2 1 .026 Elioible Residence 'jElioible resldence' shallmean anv residence located within the urban areas of l(ittitas Countv. whlch recolves oarbage colleotion serviee fronr a certificaled hauler, The certifioated hauler must provide the fevel of service described in this Ordinance lo all those eliqible residsnces and the qugtornqr must pav for the service on a subscription bases. "Eliqible residence" shallalso include anlresidence locatgd witlrin.the urb r , 2021 Docket Enabllng Ordlnance December 20r20TL Page42 qarb.erqe collection service frorn a oerlificated hauler but elects to receive the reovcling service describqd in this Ordinance. These eliqlble resldenses. nol oltrerwise required to pav for the qarbacte and recvclinq services. must pay fof tlle recyclinq Gollection service onlv if the oustomer elects to receive it. These residences that becsnre eliqible residences bv election onlv. are not required to accept qarbage collection service from a eertificated haulor, even if thgv eleot tq receive reovclinq collection servlce, 8.21.027 Group Collection Site. "Group Collection Site," a location established bv the solid waste collection companv to servioe carts frorn multlple accounts, where collection vehicle access is limited. 8.?1.028 Material Recove_rv Faoilitv. "Material recoverv facilitv!'means anv facilitv that csllects. compacts, repackages, sorts, or processes for transport souroe separated soliti waste for the purpose of recvclinq (WAC 1 73-350-1 00). 8.2 1 .029 MultifaFilv..CuStomer. "Multifamily customer" means the manager or owner of a multifanrilv residence. 8.21 .030 Multifamilv Residence. "Multifamilv residence"_means anv structure housinq two or more dwelling units (wAc 480-70-041). 8.21 .021 1 Recvclable Materials. "Recvclable materials" means materials desionated in the ourient Kittitas Couhtv. 'cpirnprehehsiVe solid waste manaoenient nlah, lhat are transnorled for fecvolino, reprocessino, reclamation, or for anv process thal extracts or modifies the commodilv for reuse or another corrrmerciallv valuable pur,pose (WAC 480-70-041). .8.2 1 .02 12 Sinqle:Fatnilv Customer, iSinqle-familv customer" means a person or familv llvinq in a residential unil desioned exclusivelv for oooupancv of one lamilv livino independenllv. 8.21.0213 Sglid Waste, "Solid wastel lneans allpulrescillle and nonoutresqible sslid and semisolld wastes inoludins,. but not limited to"oarbaqe. rubbish, refuse. swill. ashes. industrial wasteg. 2021 Docket Enebling Ordlnance Page 43 December 20,20in 8.21.0214 Solid Waste Companv. "Solid waste combanv" meens everv common r:rrier,includ tno aco ntrect carner who orovides solid waste collection service as authorized bv the Washinston 8.21.0215 Yard Waste, Yard waste," a Oomponent of composlable organics, mearrs plant rnaterial commonlv oenerated wlrile nraintalninq vards and qardens. and throuqlr horticulture. qardeninq. landscapins. or similar activities. Yard waste includes. but is not limited to. grass clipoinqs. leaves, branches. brush, weeds. flowers. roots, windfallfruit, veqetable qarden waste, holidav trees. and tre-e pruning's twelve inches or less in diameter, 8.21.0216 WUTC. "WUTC" means the Washinqton Utilities and Transportation Commission. 8.21.030 Residentlal curbside recvclinq and vard waste collection boundarles. 1. Curbsirle Recyclinq. Curbside recvclinq service will be.available to all sinole- fantilv customers in the Urban Growth area of the Citv of Ellensbr.rro, !hg_0itv of Cle El_urn, Roslv.n and in all Master Planned Resorts. 2. Boundaries for the purpose of eslablishinq minimum l€rvels of curbside collection of yard waste from sinqle-famllv and multifamllv customer.s wlll be the same. 8,21.040 Minimum levels of curbslde recvelinq and vard waste eollectlon service. The minimum levels of service and the Washinqton Utilities and Transportation Conrinission (WUTC) requlatiorr 6f lhe solid waste comoanv. pursuant to Ohapter 81.77 RCW will continue from the effective date-of, the ordinanee oodified in this ihaster unless terminated bv the county. The minimum level of curbside recvolinq and vard,Waste colleation service to be provided bv the solid waste comoanv in unirioorporated Kittitas Gountv must inelude tlie followinq; 1. Sinnle-FamilvCurbsideRecvclinq. A. Sinole-family cuStomers'reoeivinq ourbside qarbase oollection service will receiVe and pav for curbside recvclinq service. 2021 Docket Enrbllng Ordinsnce Prge44 December 2012022 B. Sincrle-farnilv customers not receivinq curttside qarbaoe collecUqn service mav contact the solid waste companv to receive and be billed for ourbside recvclinq service. C, Recvclable Material Collected. The followinq recvclable materialWill be collecled frorn sincrle.familv custonrers as specilied herein. Material willbe conrminqled in each collection container. i. Tin-coatedsteelcans. ii, Aluminum cans. iii. Newspaper, includino qlossv adyerlisements and inserts that are delivered witlr the newspaper. iv. Mixed paper. inoludins nrai!, ntanazines. oataloos. phone bosks. paoerback books. computer paper, Wlrite arnd colored ledqer, file folders, file cardS. and chipbciard. v. Paper food containers, includinq paper baqs. drv food boxes. frozen foed boxes. and milk cartons, vi. Corruqatedcardboard. vii. Plastic containers includinq bottles. iuqs,jars, and dairv tubs. D., Collection Schedule. The recvclable material listed in subsection (1)LC) of this section must be collected at least everv other week. E. Collection Containers. The solid waste companv shall provide a minimum of one 96:qallon blue cart (or carl with blue lid) to eash sinqle-familv customor. Sinqle-familv customers that qenerate more recvclable material between collections have thg follswing options: l, Request additional cartg from the solid waste companv. Adclitlonal recvciableg carts shall be m?de availatlle bv the solid waste collector. The solid waste collector mav charoe for additional recvclinq carts. ii. Reevclables that do not fit witlrin the cart mav be nlaced in a cardboard box or container marked "Recvclinq" for collection and shall be subiect to additional charqes, iii. .Haul extra reovclable,mater:ialto tho rrearest countv-owned 2021 Docket Enabling Ordinence Page 45 December 20,2022 recvclinq facilitv. There is no additional charoe for usinq the recvelinq facilitv. 2, Multifamilv Curbside Recvclins. A. Multifamilv customer:s receivine curbside oarbaqe esllection service will receive and be billed for curbside recvclino service. B. Reovclqble Material Collected. Allthe recvclable material listed in subsection {1)(C) of this section will be collected from nrultifamilv custonrers as specified herein.Mate.rial will be comminqled in each recvcling collection container. C. Collection Schedule. The recvclable msterial listed in subsectiolr ( 1 l(C| of this section must be collecled at least everv other week. D. 9ollection Containers. Carls must be placed at each qarbaoe collection location where spqce for nr'ultiple carts or stoe-l conlainers and access for recvclinq trucks is available. The solid waste companv in consultation with the division will determine the correct number of reavclino carts or steel containers forgach_mgltifamilv guqtomer. Everv effort must-be made bv the customer. in coordination with the haulino companv, to orovide adeouate space to accommodate 0,1 cubic vards of recvclinq capacitv per unit, per week. 3. Ootional Curbside Comoostable Oroanics Collection. A. Curbside vard waste collection service will be available to all sinqle-familv and multifamilv customers within the curbside collection boundaries as follows: i, Collectlon of residential vard waste must be made available to all residences within lhe permanent residential burn ban areas. ii, Additional a[eas outsidelhe burn ban boupdarigs. in which the colleclion comoanv and the eountv lrave aqreod that adequate. demand and route delsilv exist, wlll be oive0 access to collection gervices. B. Sinqle-familv and multifamilv customers will receive and pav for curbside vard waste collection onlv if thev request this service. C. Material Collected. fhe followinq materialwill be,collected as spesified lierein: 2021 Docket Ennbling Ordlnance Page 46 I)ecember 2012022 i, Sjngle-femily: Yard w-asto a. Yard waste commonlv oenerated while maintainino vards and gardens. and throush horticulture. qardenirtq, landscaping, or similaf activilies, includinq. bul not linlited to, qrass clippinqs, leaves. branohes. brush. weeds. flowers. roots, windfall fruil, vegetable sarden waste. holidav trees, and tree pruninq's twelve inches or less in diameter. D. Collection Containers. The solid waste comoanv will orovide the number of ninetv-six-s?llon carts reqVested bv the.qustomer. 4. Additional Service Provisions. The followinq pJovisions apply to-the collection services described in this chapter: A. All carts must be standardized {hr.ouohout tlre counbr. Ihe solid-waste cornpanv wlll provide Blue carts for recvcllnq and Greon carts for Errd waste to remain conslstent throuohout. B. The sslid waste, cornBanv mav refuse to collect curbside recvcling and composlable orqanicg material set oqt for collection if the material will be gnmarketable due to contamination.-lf collectiqn is reftlsed. the solg! waste companv must attach information to the cart explaining whv the materialwas not collected. The customer will have the choice to clean lhe recvclable and vard waste material or ask the solid waste gompanv to dispose of the material as qarbaqe at the neXt scheduled pick up. The division in consultation With the solid waste companv will develon this information. C. Solid waste comoanv is not obliqated to collect contaminated containers from customers. For purposes of this ordinance. a container is contaminated when. based on phvsical and/or electronic visual inspection it is determined that (i) a recvclables container contains non-recvclables (pursuant to the lisl of materials set forth in Exhibit B, (ii) a vard debris container contains material other than vard debris. and/or (iii) anv container contains anv unaoceptable waste. lf solid waste,comoanv elects not to collect a contaminaled cpntainer. solld waste comoanv shall notifv the customer exolaininq whv. Such notice mav be provided bv container taq. email. sr other method of aommunication. $olicl waste cornpanv will not knowinqlv collect a contarnlnated cart if contamination is visible bv the driver prior to oollection. lf solid waste 2021 Docket Ennbling Ordinance Page 47 December 2012022 conroanv services a conlainor. and subseqLrentlv discovers contamination in the truck hopper at lhe stop. solid waEle. colnpanv rnav charqe lhe customer a oontamination cltaroe. pursuant to the rates. Such contamination charge m_ay be included in the customer's reqular invoice or billed separatelv. D. The solid waste companv rrrusl clean up anv nraterial spilled bv lhgllegplovees or equiprne do sp mayresult in a fing bv the Kitlitas C.ouritv Public Health DistriCl. E. The solid wasle company will notdispose of curbslde recvolinq material or vard waste bv landfillin$ incineration. or other means without the written consent of the division. The division will not withhold oonsent unreasonably in the case of contaminated loads that are unmarketable. When consent is granted. the solid waste company must report the tvoe of material. the natureg[ conlamination. the weiohl and volurne ofu[Aterialdisnosed, and date and method of disposal to the division within two business davs. F. The divisiqn and the solid waste companv willdiscuss the economic viabilitv of anv proposed ohanqes lo the list of recvclable or vard waste materiaito be collected, or to the seryice boundaries. Chanoes in service area boundaries are subiecl to arrproval of the countv. 8.21.050 Curbside reovclinq and vard waste collection rates. The solid waste comEnv must use rate structures and billinq svstems consistent with the solid waste maneqement priorities set forth under RCW 70.95.010, 8.21.060 Countv notificatlon of WUTC tarlff filinos. Pursuant to WAC 480-70'271, the solid wasle oompanv nrust notifv.lhe division when filinq a tariff revision for qadba.qe. curbside recvclins, or vard waste.Golleotibn rates with the WUTC. The solid'wgste companv musl notifv the division. wilhin two business davs. of scheduled timeq and dates of anv open meetinqs or public hearinos before the WUTC for Bmposals that miqht irave an effect on customers that reside in Kittitas Cpuntv, 8.21.070 Proqram promotion and education requlrements. 1. The solid waste companv wili prepare and publish rnaterials lhat encouraqe the use of curbside recvclinq, vard waste pnd oarbaqe,coll6ction services. The division rirav direct the solid waste oomp'ilnv to distribute. prinled material to ctrstomers, Distribution methods lnclude: Publishlnq mpterials qn the hquler:s website. rnailinqs. and eart taoqinq proorams. 2021 Docket Enrbllng Ordlnance Page 4E I)ecember 20,2022 2 customers. 3. The solid waste companv musl preDare and distribute calerrdarsqf collection dates to all customers. The calendar must list the solid waste companv's phone number and the WUTC's consumer affairs lollfree phone number. 4. The solid waste companv will not distribute anv promotional or educational materials to the customer without prior review and aporoval of the materials bv the division. 8.21.080 Reportinq Requlrements. 1. The solid waste companv must submit oarbaqe. curbside recvcling, and vard waste collection data to the division in a format determined bv the division on a quarterlv basis. These reports must also include contamination rates gnd material composiiion of comminoled recvolables from MRF audits. and nuntber of residential recvclino aqcounts taoged or not serviced due to contamination. 2. The solid waste oompanv must annuallv provide a summarv report to lhe Division of all rnnltifamilv fa$ilitv servioe levels. inolLfdirlo qarbaqe and recvclinq containers and service freouenov. 2021 Docket Enabling Ordlnrnce Page49 December 20r2022 Bxhibit M: Docket ltem 22-17 Lot Line and Yard Frontage 17.08.370 Lot line, front. "Lot line, front" means a lot line l.lmt*rbuls-rvith li'ontatte ort any public street, private street, right-of-way or other means of vehicular access, other than an alley. (or'tt.20!q-0lJ, 2019; Res. 83-10,1983) 17.08.590 Yard, front. "Front yard" means any yard nbutting'1y,i{1[1q1l4gt_a1a public or private street. (Res. 83-10, re83) 2021 Docket Enabling Ordinance Page 50 December 20,20?:2 Exhibit N: Docket Item 22-18 Variance Substantial Constnrction 17.84.010 Granted when. Pursuant to Title l5A 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: L 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 dishict; 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. l'Sr1!,s!qflial cortsttttctiou" lhqll !E dcfrncd aq thg Bscidsl4.e-o-ds $es-l-t!'rr3!.Q,9 glrd..tl:-e lilsrlationcl B-uildine Codelsc"trqnl -10*-T-Dire9!arjs nrrtirorized to g!'ant-up to thrsc (3't cxtgusiorrs. not to excecd 365 dnvs pgl exlcltsiqlt. Extcttsiotts shntl bc rguucsted irr writirrl lrior to ngnnit sxpitirtiell oud slrdldenronslrate!@gl constiucliotr soukl ntlt ta-ke Dlace. 5. Pursuant to Title l5A 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 oonditions and facts identified within subsections A through D of this section are found by the Hearing Examiner to exist. (Ord. 2012-009 ,2012; Ord. 96-19 (part), 1996; Res.83-10, 1983) 2021 Docket Enabling Ordiuance Page 5l December 20r20Zz Exhibit O: Docket Item 22-20 Refuse Disposal/Recycle Limitation KCC 17.15.060.1 58+iffiited+o-expansion-o{+xistingFc6unq/-6wncd+ndler+peratedJaeil.i{ies-Nerp-faeilities"+re prel*bite4 2021 Docket Enabling Ordinance Prge 52 December 2012022 Exhibit P: Docket Item 22-21 Fiorito Brothers, fnc. (cP -22-0000 I & Rz-22-0ooo I ) Land use and Rezone Proposal: Rural Working and Agriculture 20 to Commercial Agriculture and Commercial Agriculture A proposalto 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 123'11 is sunounded 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 parl of the application packet, The processing of this non-project specific rezone and land use designation change is consistent with Kittilas County Code 158.03 Amendments lo Comprehensive Plan. flhe complete record for lhis specific proposal can be found on the county website at htto{:l/www.co.kittitas.wa.us,&ds/lalrd-use/d.clhult.as!x then navigate lo "Rezones" and then selecling lhe "RZ- 22-00001 Fiorito Brothers".l Location Tax parcel # 12311,located approximately 1400 feet north of the intersection of l-82 and Thrall Road off No, 6 Road in a portion of the SE % of Section 30, Township 17, Range 19, W.M.; Kittitas County parcelmap number 17-19- 30040-0003. 2021 Docket Enabling Ordinance Page 53 December 2012022 Exhibit Q: Docket ltem 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 1443233,493233, 19590, 1 9591, 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 amendmenl (CP-22-00002), rezone application (PZ-22- 00002), and SEPA checklist were submitted as part of the application packet, The processing of lhis non-project specific rezone and land use designation change is consistent with Kittitas County Code 158,03 Amendments to Comprehensive Plan. fihe complete record for this specilic proposal can be found on the county website at htlps://rvww.sp.kittitns.rLn u$/cds/land-use/dcfaull,aspx then navigate to "Rezones" and then selecting the 'RZ- 22-00002 Thorp Land ing", l Location Tax parcels 443233,493233, 19590,1959'1,19589,19589, 19588, 19592 and 19593, located approximately'1500 feet northwest of the intersection of N Thorp Hwy and l-90 off of Thorp Landing Lane in Seclion 11, Township 18, Range 17, W.M,; Kittitas County. 202I Docket Enabling Ordinance Page 54 December 20r20Zz Exhibit R: Docket ltem 22-23 Flying A Land LLC (cP -22-00003 & Rz-22-00003) Land use and Rezone Proposal: Rural Working and Agriculture 20 to Rural Residentialand Agricultural 5 A proposal lo change the land use and zonlng designations of eighteen parcels (956822, 956823, 956824, 956825, 956826, 956827,956828,956829,956816,956817,956818,956819,956920,956921,536136,094934, 12133, and 95&108)from a land use designation of Rural Working to Rural Residentialand 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 consislent wilh Kittitas County Code 158,03 Amendments to Comprehensive Plan. ffhe complete record for this specific proposal can be found on the county website al lLtttrs://wrvu,.co.kittitns.rva.us/cdslland-usc/default.asux then navigale to *Rezones" and then selecting the'RZ- 22-00003 Flying A Land",l 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 ofGame 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 Counly. 2021 Docket Enabling Ordinance Page 55 December 20,2022 Bxhibit S: Docket Item 22-24 Teanaway Ridge LLC (cP -22-00004 & RZ-22-000 04) Land use and Rezone Proposal Rural Residentialand RuralWorking 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 designalions 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 lhe 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 with Kittitas 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 SEPA checklist were submitied 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 Amendmenls to Comprehensive Plan. fl"he complete record for this specific proposal can be found on the county website at hlttls://wu'w.co.kittitas.wa.us/cdsilnnd-use/delhult.aspx then navigate to "Rezones" and then selecting lhe "RZ- 22-00004"I Location Tax Parcel numbers 346534 and 19132 located south of Highway 10, approximately 0.2 miles southeast of the junction of Highway 10 and State Route 970, in Section 4, Township 19, Range 16, bearlng Assessor's Map numbers 1 9-1 6-04020-0002 and 1 9-1 6-04050-0401, in Kittitas County, 2021 Docket Enabling Ordinance Page 56 Ilecember 20,2022 Exhibit T: Docket ltem 22-25 Mardee Lake Inc. (cP -22-0000s & Rz-22-0000s) Land use and Rezone Proposal Rezone from Rural Working Land Use and Forest an Range Zoning to Rural Recreation Zoning and Land Uae. 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 Recreaiion in the Rural Recreation land use designation. A comprehensive plan amendment (CP-22-00005), rezone application (RZ-22-00005), and SEPA checklist were submitted as part of the application packet, The processing of this non-proj,ect specific rezone and land use designation change is consistent with Kittitas County Code 158,03 Amendments to Comprehensive Plan. Fhe complete record for lhis specific proposal can be found on the counly website at Irttlrs:i/uwlv.co.kitlita.s"rva.us/cds/land-useidclhu.lt.aspx then navigate to "Rezones" and then selecting the "RZ- 22-00005".1 Location Tax parcels 808335, 818335, 828335 and 838335, located on Snoqualmie Pass northeast of the l-90 Exit 54 in Section 15, T.22N, R.11E, W,M,; Kittitas County Parcelmap numbers 22-11-15020-0001,22-11-15A20-0002,22-11- 1 5020-0003 and 22-1 1 -1501 0-0002, 2021 Docket Enabling Ordinance Page 57 December 2012022 22-20 Kittitas County Prosecutor and CDS Staff Arnend KCC 17.15.060(l) to be consistent with WAC 365-l 96-550(3Xa). The Planning Commission unanimously recommended approval of the amendment as DroDosed. Staff recommended approval ofthe amendment as proposed. 22-21 cP-22-00001 RZ-22-00001 Citizen Request - Fiorito Brothers Comprehensive Plan Amendment frorn Rural Working to Commerciat Agriculture and Rezone from Agriculture 20 to Commercial Agriculture. The Planning Commission unanimously recommended approval of the proposed comprehensive plan amendment and fezone, Staff recommended approval ofthc proposed comprehensive plan amendment and rezone. 22-22 cP-22-00002 RZ-22-00002 Citizen Request - Thorp Landing Comprehensive Plan Amendment from Rural Working to Rural Residential and Rezone from Agriculture 20 to Agriculture 5. The Planning Commission unanimously recommended approval of the proposed comprehensive plan amendment and rezone. Staff recommended approval ofthe proposed comprchensive plan amendment and rezone. ))-)?, cP-22-00003 RZ-22-00003 Citizen Request - Flying A Land Comprehensive Plan Amendment from Rural Working to Rural Residential and Rezone from Agricullure 20 to Agriculture 5. The Planning Commission unanimously recommended approval ofthe proposed comprehensive plan amendment and rezone. Staff recommended approval ofthe proposed comprehensive plan amendment and rezone. 22-24 cP-22-00004 RZ-22-00004 Citizen Request - Teanaway Ridge Comprehensive Plan Amendment from Rural Working to Rural Residential and Rezone from Forest & Range and Rural5 to Rural5. The Planning Commission unanimously recommended approval ofthe proposed comprehensive plan amsndment and rezone. Staff recommended approval ofthe proposed comprehensive plan amendment and rezone. 22-25 cP-22-00005 RZ-22-00005 Citizen Request - Mardee Lake Comprehensive Plan Amendnent from Rural Working to Rural Recreation and Rezone from Forest & Range to Recreation. The Planning Commission recommended approval of the proposed comprehensive plan amendment and rezone byavoteof4to1. Staff reconrmended approval of the proposed comprehensive plan amendment and rezone. 22-26 WITHDRAWN