Document klickitatcounty_gov_doc_c12b73e04a

KLICKITAT COUNTY, WASHINGTON ZONING ORDINANCE NO. 62678 AS AMENDED: 1/27/86 12/21/87 1/11/05 4/20/92 3/5/05 6/13/94 3/15/05 7/5/94 6/28/05 3/11/96 10/10/06 8/23/99 8/7/07 1/3/00 8/17/10 3/4/00 5/31/11 3/20/00 4/3/12 11/20/00 6/5/12 8/18/03 9/18/12 7/13/04 7/22/14 6/2/15 Enacted, April 30, 1979 ---PAGE BREAK--- INDEX ZONING ORDINANCE KLICKITAT COUNTY, WASHINGTON 62678 LEGISLATIVE INTENTS Section 1.1 Title and Adoption I-1 Section 1.2 General Intent I-1 Section 1.3 Map and Policy I-1 Section 1.4 Police Power I-1 Section 1.5 Public Welfare I-2 Section 1.6 Standards I-2 Section 1.7 Text and Official Map I–2 Section 1.8 Columbia River Gorge Scenic Area I-2 USE CLASSIFICATION Section 2.1 Use Classification II-1 Section 2.2 Boundaries of Districts, Streets and Alley's, Lot Lines II-2 Section 2.3 Divided Ownership II-2 Section 2.4 Forest Resource District (FR) 2.4:1 Purpose II-4-1 2.4:2 Permitted Uses II-4-1 2.4:3 Conditional Uses II-4-1 2.4:4 Density Provisions II-4-1 2.4:5 Dwelling Regulations II-4-2 2.4:6 Signs II-4-2 2.4:7 Accessory Uses Permitted II-4-2 2.4:8 Parking Space Required II-4-3 Section 2.5 Open Space District (OS) 2.5:1 Purpose and Intent II-5-1 2.5:2 Principal Uses Permitted Outright II-5-1 2.5:3 Accessory Uses Permitted II-5-2 2.5:4 Conditional Uses Permitted II-5-2 2.5:5 Parking Space Required II-5-3 2.5:6 Signs II-5-3 2.5:7 Density Provisions II-5-3 Section 2.6 Extensive Agriculture (EA) 2.6:1 Purpose II-6-1 2.6:2 Principal Uses Permitted Outright II-6-1 2.6:3 Conditional Uses II-6-1 2.6:4 Density Provisions II-6-2 2.6:5 Accessory Uses Permitted II-6-2 2.6:6 Parking Space Required II-6-3 2.6:7 Signs II-6-3 Section 2.7 General Rural Zone (GR) 2.7:1 Purpose II-7-1 2.7:2 Principal Uses Permitted Outright II-7-1 3.7:3 Conditional Uses II-7-1 2.7:4 Density Provisions II-7-2 2.7:5 Accessory Uses Permitted II-7-2 ---PAGE BREAK--- 2.7:6 Signs II-7-2 2.7:7 Parking II-7-2 Section 2.8 Rural Residential Zone (RR) 2.8:1 Purpose II-8-1 2.8:2 Principal Uses Permitted Outright II-8-1 2.8:3 Conditional Uses II-8-1 2.8:4 Density Provisions II-8-2 2.8:5 Accessory Uses Permitted II-8-2 2.8:6 Signs II-8-3 2.8:7 Parking II-8-3 Section 2.9 Rural Center (RC) 2.9:1 Purpose II-9-1 2.9:2 Principal Uses Permitted Outright II-9-1 2.9:3 Conditional Uses II-9-2 2.9:4 Density Provisions II-9-2 2.9:5 Accessory Uses II-9-3 2.9:6 Signs II-9-3 2.9:7 Parking II-9-3 Section 2.10 Residential Zone 2.10:1 Purpose II-10-1 2.10:2 Principal Uses Permitted Outright II-10-1 2.10:3 Conditional Uses II-10-1 2.10:4 Density Provisions II-10-1 2.10:5 Accessory Uses Permitted II-10-2 2.10:6 Signs II-10-2 2.10:7 Parking II-10-2 Section 2.11 Suburban Residential District (SR) 2.11:1 Purpose II-11-1 2.11:2 Principal Uses Permitted Outright II-11-1 2.11:3 Conditional Uses II-11-1 2.11:4 Density Provisions II-11-2 2.11:5 Accessory Uses Permitted II-11-2 2.11:6 Signs II-11-2 2.11:7 Parking II-11-2 Section 2.11A Single Family Residential District (R-1) 2.11:A1 Accessory Uses Permitted II-11-3 2.11:A2 Conditional Uses II-11-3 2.11:A3 Density Provisions (R-1) II-11-4 2.11:A4 Parking Space Required II-11-4 Section 2.11B Two-Family Residential District (R-2) II-11-5 2.11:B1 Accessory Uses Permitted II-11-5 2.11:B2 Conditional Uses II-11-5 2.11:B3 Density Provisions II-11-6 2.11:B4 Parking Space Required II-11-6 Section 2.11C Multi-Family Residential District (R-3) II-11-7 2.11:C1 Accessory Uses Permitted II-11-7 2.11:C2 Conditional Uses II-11-7 2.11:C3 Density Provisions R-3 II-11-8 2.11:C4 Parking Space Required II-11-8 Section 2.12 General Commercial District (GC) 2.12:1 Purpose II-12-1 2.12:2 Principal Uses Permitted Outright II-12-1 2.12:3 Conditional Uses II-12-1 2.12:4 Density Provisions II-12-2 2.12:5 Accessory Uses II-12-2 ---PAGE BREAK--- 2.12:6 Signs II-12-3 2.12:7 Parking Space Required II-12-3 Section 2.13 Industrial Park (IP) 2.13:1 Purpose II-13-1 2.13:2 Principal Uses II-13-1 2.13:3 Accessory Uses II-13-2 2.13:4 Conditional Uses II-13-2 2.13:5 Outdoor Storage II-13-3 2.13:6 Landscaped Yards II-13-3 2.13:7 Density Provisions II-13-3 2.13:8 Signs II-13-4 2.13:9 Prohibited Uses II-13-4 2.13:10 Site Plan Required II-13-4 Section 2.14 General Industrial District (GI) 2.14:1 Purpose II-14-1 2.14:2 Principal Uses Permitted Outright II-14-1 2.14:3 Conditional Exceptions II-14-1 2.14:4 Accessory Uses II-14-3 2.14:5 Outdoor Storage II-14-3 2.14:6 Density Provisions II-14-3 2.14:7 Prohibited Uses II-14-4 2.14:8 Parking II-14-4 2.14:9 Signs II-14-4 2.14:10 Site Plan Review II-14-4 Section 2.15 Planned District (PD) DELETED PER ORDINANCE 0031196 Section 2.16 Tourist Commercial (TC) 2.16:1 Purpose II-16-1 2.16:2 Principal Uses Permitted Outright II-16-1 2.16:3 Conditional Uses II-16-1 2.16:4 Signs II-16-2 2.16:5 Density Provisions II-16-2 2.16:6 Accessory Uses and Exceptions II-16-2 2.16:7 Off-Street Parking II-16-3 2.16:8 Utilities II-16-3 2.16:9 Dallesport Subarea Master Plan District, Master Plan Requirements II-16-3 Section 2.17 Airport Approach Zone (AA) 2.17:1 Purpose and Function II-17-1 2.17:2 Principal Uses Permitted Outright II-17-1 2.17:3 Area of Jurisdiction II-17-1 2.17:4 Restrictions II-17-2 2.17:5 Application II-17-3 Section 2.18 Aggregate Resource (AR) 2.18:1 Purpose II-18-1 2.18:2 Principal Uses Permitted Outright II-18-1 2.18:3 Operation Standards II-18-1 2.18:4 Application II-18-2 Section 2.19 Flood Hazardous Area (FA) 2.19:1 Intent and Purpose II-19-1 2.19:2 Uses Permitted II-19-2 2.19:3 Conditional Uses Permitted II-19-2 2.19:4 Application II-19-3 2.19:5 Special Definitions Pertaining to Flood Hazardous Zoning II-19-3 ---PAGE BREAK--- Section 2.20 Scenic Design Area (DA) 2.20:1 Intent and Purpose II-20-1 2.20:2 Prohibited Uses II-20-1 2.20:3 Application II-20-1 Section 2.21 View Protection District (VP) 2.21:1 Intent and Purpose II-21-1 2.21:2 Building Height II-21-1 2.21:3 Application II-21-1 Section 2.22 Illumination Control (IC) 2.22:1 Intent and Purpose II-22-1 2.22:2 General Requirements II-22-1 2.22:3 Acts Declared Unlawful II-22-1 2.22:4 Conditional Exemptions II-22-2 2.22:5 Exemptions II-22-2 2.22:6 Enforcement II-22-2 2.22:7 Application II-22-2 Section 2.23 Intent to Rezone 2.23:1 Purpose II-23-1 2.23:2 Resolution of Intent to Rezone II-23-1 2.23:3 Site Plan Required II-23-1 2.23:4 Site Plan Composition II-23-1 2.23:5 Resolution of Intent Binding II-23-2 2.23:6 Resolution of Intent Void upon Failure to comply II-23-2 2.23:7 Application II-23-2 Section 2.24 Cluster Agriculture Overlay 2.24:1 Intent and Purpose II-24-1 2.24:2 Validation II-24-2 2.24:3 Site Plan approval II-24-2 2.24:4 Site Plan design, application requirements, other II-24-2 2.24:5 Approval criteria – All of the following criteria must be satisfied for approval of a site plan II-24-4 Section 2.25 Gorge Protection Area (GP) 11-25-1 Section 2.26 Resource Lands District (RL) 2.26:1 Purpose and Intent II-26-1 2.26:2 Principal Uses Permitted Outright II-26-1 2.26:3 Conditional Uses II-26-2 2.26:4 Resource Lands Evaluation II-26-3 2.26:5 Site Plan Requirements II-26-3 2.26:6 Resource Lands Evaluation Process II-26-3 2.26:7 Development Standards II-26-4 2.26:8 Density and Open Area Provisions II-26-5 2.26:9 Yard Requirements II-26-5 2.26:10 Signing II-26-6 2.26:11 Parking II-26-6 2.26:12 Findings II-26-6 2.26:13 Time Limitations II-26-7 2.26:14 Redivision of Open Area II-26-7 Section 2.27 Rural District (RRL) 2.27:1 Purpose II-27-1 2.27:2 Principal Uses Permitted Outright II-27-1 2.27:3 Conditional Uses II-27-2 2.27:4 Density Provisions II-27-3 ---PAGE BREAK--- 2.27:5 Accessory Uses Permitted II-27-4 2.27:6 Signs II-27-4 2.27:7 Parking II-27-4 2.27:8 Substandard Lots & Existing Uses II-27-5 Section 2.28 Public 2.28:1 Purpose II-28-1 2.28:2 Long Range Development Plan Required II-28-1 2.28:3 Principal Uses Permitted Outright II-28-1 2.28:4 Conditional Uses II-28-2 2.28:5 Density Provisions II-28-2 2.28:6 Accessory Uses II-28-2 Section 2.29 Airport Development District (AD) 2.29:1 Purpose and Intent II-29-1 2.29:2 Principal Uses Permitted Outright II-29-1 2.29:3 Conditional Uses II-29-1 2.29:4 Master Plan and Binding Site Plan II-29-2 2.29:5 Master Plan and Binding Site Plan Review Process II-29-2 2.29:6 Special Provisions II-29-4 2.29:7 Minimum Lot Area II-29-4 Section 2.30 Energy Overlay Zone (EOZ) 2.30:1 Purpose II-30-1 2.30:2 Applicability II-30-1 2.30:3 Other Applicable Requirements II-30-2 2.30:4 Principal Uses II-30-2 2.30:5 Review Process for Energy Resource Operations II-30-2 2.30:6 Public Notice Requirements II-30-4 2.30:7 Application Requirements II-30-4 2.30:8 Other Application Requirements II-30-6 2.30:9 Development Standards II-30-6 2.30:10 Use and Construction Standards II-30-7 2.30:11 Appeal II-30-15 Section 2.31 Gorge Urban Area 2.31:1 Purpose II-31-1 2.31:2 Principal Uses Permitted Outright II-31-1 2.31:3 Conditional Uses II-31-1 2.31:4 Application II-31-2 GENERAL AND SUPPLEMENTARY PROVISIONS Section 3.1 Purpose III-1 Section 3.2 Lot Provisions 3.2:1 Farm Dwellings not Subject to Lot Provisions III-1 Section 3.3 Lot Reduction to Violation III-2 Section 3.4 Minimum Lot Exemption III-2 Section 3.5 Lots Created for the Purpose of Financing III-2 Section 3.6 Setback Distances and Yard Requirements III-3 3.6:1 Establishment, Alterations, or Elimination of Setback Lines III-3 Section 3.7 Temporary Use of a Mobile Home III-3 Section 3.8 Home Occupations III-4 ---PAGE BREAK--- Section 3.9 Shorelines Control III-4 Section 3.10 Accessory Dwelling Unit III-4 PERFORMANCE STANDARDS Section 4.1 Intent IV-1 Section 4.2 Off-Street Parking Requirements IV-1 Section 4.3 Access IV-2 Section 4.4 Vision Clearance IV-2 Section 4.5 Signs IV-2 4.5:1 Exempt Signs in all Zoning Districts IV-2 ADMINISTRATION Section 5.1 Intent V-1 Section 5.2 Exceptions V-1 Section 5.3 Interpretations V-1 Section 5.4 Official Zoning Map V-2 Section 5.5 Comprehensive V-2 Section 5.6 Public Hearing V-2 Section 5.7 Conflict V-2 Section 5.8 Twelve Month Validity V-2 Section 5.9 Recording V-3 Section 5.10 Non-conforming Uses V-3 5.10:1 Policy V-3 5.10:2 Special Definitions V-3 5.10:3 General Provisions V-4 5.10:4 Schedule of Continuance: Non-conforming "Open" Land Uses V-5 Section 5.11 Unlawful Uses Not Authorized: Special Exceptions V-6 Section 5.12 Permits V-6 Section 5.13 Hearings Examiner V-6 Section 5.14 Reapplication V-6 Section 5.15 Powers and Duties of the Administrator V-6 5.15:1 General V-6 5.15:2 Right of Entry V-7 5.15:3 Liability V-7 5.15:4 Cooperation of Other Officials V–7 5.16 Projects Estimated to Exceed One Million Dollars in Value V-7 ADJUSTMENTS, VARIANCES AND APPEALS Section 6.1 Policy and Intent VI-1 Section 6.2 Board of Adjustment Created VI-1 6.2:1 Board of Adjustment Members VI-1 6.2:2 Board of Adjustment: Quorum VI-1 6.2:3 Duties and Powers: Board of Adjustment VI-1 Section 6.3 Appeals - Time Limit VI-2 Section 6.4 Notice of Time and Place of Hearing VI-2 Section 6.5 Appeal - Notice of Time and Place VI-2 Section 6.6 Scope of Authority on Appeal VI-3 Section 6.7 Board of Adjustment - Action Final VI-3 Section 6.8 Inclusion of Findings of Fact VI-3 ---PAGE BREAK--- Section 6.9 Appeals to Board of County Commissioners VI-3 Section 6.10 Designation of Hearing Examiner by Board of County Commissioners VI-3 S ection 6.11 Application Procedure VI-4 AMENDMENTS Section 7.1 Map Changes VII-1 Section 7.2 Text Changes VII-1 Section 7.3 Application Procedure VII-1 VALIDITY AND INTERPRETATION Section 8.1 Validity VII-1 Section 8.2 Interpretation VII-1 VIOLATIONS AND PENALTIES Section 9 Violations and Penalties IX-1 DEFINITIONS Section 10.1 General Definitions X-1 Section 10.2 Specific Definitions X-1 REPEALER Section 11 Repealer XI-1 ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- 2.4 Forest Resource District (FR) (Amended 06/02/2015; Ordinance No. O060215) 2.4:1 Purpose The Forest Resource District is intended to provide a stable commercial forest and wild land base and to encourage good multiple use forest management in its broadest definition. Any activities, uses, products and value related to forests and wild lands are considered appropriate and compatible. 2.4:2 Permitted Uses in the Forest Resource District 1. All otherwise legal uses, activities, products and values associated with wild or managed forests and wild lands shall be permitted. These uses and activities include but are not limited to grazing, mining, water management, fish and wildlife management, recreation and sports, and management of crops of various kinds. 2. Permitted developments shall include roads, railroads, canals, ditches, utility service, both service and residential structures, mobile and stationary equipment, facilities and structures, rock and other mineral developments, water impoundments and such other developments as are appurtenant to the management of forests and wild lands and that contribute to the realization of the full benefits of ownership of such lands. 2.4:3 Conditional Uses Subject to the other requirements of this chapter, the Board of Adjustment may permit as conditional uses any other uses it judges to be no more detrimental to the adjacent properties than, and of the same type and character as, those uses permitted outright. 2.4:4 Density Provisions Minimum lot size: Twenty (20) acres. Minimum yard requirements: Front, side and rear yards, twenty-five (25) feet. Maximum building height: Two stories or forty (40) feet, whichever is greater. ---PAGE BREAK--- II-4-1 2.4:5 Dwelling Regulations Dwellings shall be permitted in the Forest Resource District subject to the following provisions: 1. One single family dwelling, (including mobile homes) along with necessary accessory buildings is permitted on existing platted lots and on existing recorded parcels of one or more acres. 2. One single family dwelling (including mobile homes) is permitted on any parcel of twenty (20) or more acres, created and recorded after the adoption of this ordinance. 2.4:6 Signs in a Forest Resource Zone In a Forest Resource zone the following signs are permitted: 1.Residential Non-flashing residential name plates not exceeding sixty-four (64) square inches bearing only the name and address of the occupant; non-flashing bulletin boards or signs not exceeding thirty (30) square feet for quasi-public institutional or other buildings. 2. Commercial or Industrial Advertising signs and outdoor advertising structures not exceeding three hundred (300) square feet in area and not exceeding thirty-five (35) feet in height. Signs may be illuminated but shall not be of a flashing or moving type. 3. See Section 4.5 also. 2.4:7 Accessory Uses Permitted 1. General: Accessory uses customarily incidental to a principal use permitted outright, such as private garages or parking areas for non- commercial vehicles only, conservatories for plants and flowers, but not including any business, trade or industry. Onsite hazardous waste treatment and storage facilities as an accessory use to any activity generating hazardous waste and lawfully allowed in this zone, provided that such facilities meet the state siting criteria adopted pursuant to the requirements of ---PAGE BREAK--- RCW 70.105.210. II-4-2 2. Accessory Exceptions: The accessory exceptions for an FR District which may be authorized by the Board of Adjustment include only those uses customarily incidental to conditional uses permitted pursuant to Section 2.4:3. 2.4:8 Parking Space Required At least one permanently maintained off-street parking space or a private garage shall be on the same lot as a dwelling, or be attached thereto or made a part of the main building. See also Section 4.2. ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- 2.11 Suburban Residential District (SR) (Amended 06/02/2015; Ordinance No. O060215) 2.11:1 Purpose To provide for large-lot rural residential environments at housing densities consistent with the physical characteristics of the areas in which these development patterns occur. 2.11:2 Principal Uses Permitted Outright 1. Single-family dwelling, including mobile home. 2. Agriculture. 3. Home occupation. 2.11:3 Conditional Uses 1. Agricultural produce stand. 2. Public or private school. 3. Golf course, country club, swimming club, or tennis club. 4. Community center, fraternal, or lodge building. 5. Cemetery. 6. Buildings and uses of a public works, public service or public utility nature, but not including equipment storage or repair yards, warehouses, or related activities. 7. Church. 8. Excavation, removal, and processing of sand, gravel, stone, loam, dire, or other earth or natural materials. 9. Hospital, sanitarium, rest homes, home for the aged, nursing home, convalescent home, or retirement home. 10. Temporary sales or development office for subdivisions, planned unit developments, or mobile home parks. 11. Planned districts conforming to PD requirements of this ordinance. 12. Mobile home park. II-11-1 ---PAGE BREAK--- 13. Kennel. 14. Any other uses judged by the Board of Adjustment to be consistent with the purposes and intent of this chapter and to be no more detrimental to the adjacent properties than, and of the same type and character as, the above listed uses. 2.11:4 Density Provisions Density provisions for the SR district are as follows: 1. Maximum number of dwelling structures for permanent living permitted per lot: 1. 2. Maximum height of buildings: 2 story but not to exceed 40 feet. 3. Minimum area of lot: 20,000 square feet or larger if deemed necessary by the health officer and planning director for protection of public health. 4. Minimum width of lot: 100 feet. 5. Minimum front yard depth: 20 feet. 6. Minimum side yard width: 5 feet. 7. Minimum rear yard required: 20 feet. 2.11:5 Accessory Uses Permitted 1. Uses customarily incidental to a principal use permitted outright, such as private garages or parking areas for non-commercial vehicles only, but not including any business, trade or industry. 2. The renting of rooms by the resident owner for lodging purposes only and for the accommodation of not more than 2 roomers in a dwelling unit. 2.11:6 Signs Non-flashing residential name plates not exceeding 64 square inches bearing only the name and address of the occupant; non-flashing bulletin boards or signs not exceeding 30 square feet for quasi-public institutional or other buildings. See also Section 4.5. 2.11:7 Parking Minimum of one off-street parking space per dwelling. See also Section 4.2. II-11-2 ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- 2.13 Industrial Park (IP) (amended Klickitat County Ordinance #0082399, as amended 06/02/2015; Ordinance No. O060215) 2.13:1 Purpose It is the policy of the Board to permit the establishment of industrial manufacturing and processing type activities and uses in appropriate districts in accordance with the comprehensive plan. The industrial park district is a light industrial zoning classification suitable for the manufacture, distribution and assembly of finished products. 2.13:2 Principal Uses Permitted Outright 1. Assembly and fabrication of products. 2. Auto reconditioning, painting, upholstering, motor rebuilding. 3. Assembly of electrical appliances, electronic instruments and devices. 4. Boat building. 5. Body and fender work; farm equipment repair. 6. Cereal mills. 7. Enameling or metal coating (galvanizing), electroplating. 8. Machine shop. 9. Manufacture, compounding, processing, packaging or treatment of such products. 10.Manufacture, compounding, assembling or treatment of articles or merchandise from previously prepared materials, such as but not limited to bone, cellophane, canvas, cloth and glass. 11.Spinning or knitting of cotton, wool, flax or other fibrous materials. 12.Warehouses. 13.Wholesale businesses. II-13-1 ---PAGE BREAK--- 2.13:3 Accessory Uses Accessory uses in an IP district may be permitted which are customarily incidental and subordinate to the principal use. All such accessory uses must conform to all requirements for the principal uses. Onsite hazardous waste treatment and storage facilities as an accessory use to any activity generating hazardous waste and lawfully allowed in this zone, provided that such facilities meet the state siting criteria adopted pursuant to the requirements of RCW 70.105.210. 2.13:4 Conditional Uses The following uses may be permitted on a IP district only when the location of such use shall have been approved by the Board of Adjustment after public hearing and examination of the location: 1. Agricultural equipment and implement sales. 2. Brewery, distillery or winery. 3. Commercial businesses with extensive yard requirements, as approved by the Commission and Board. 4. Contractors or loggers equipment and trucks storage yard, plant, repair, rental. 5. Farm co-operatives. 6. Foundry. 7. Fuel oil distributor. 8. Fuels, solid, yard. 9. Grain elevator. 10.Machinery, sales, repair storage or salvage. 11.Railroad facilities of all types, except repair shops. 12.Tire retreading or recapping. 13.Welding shop. 14.Asphalt and concrete batch processing. 15.Stone, marble and granite monument works. 16.Resource extraction and processing activities. II-13-2 ---PAGE BREAK--- 17.Any other uses judged by the Board of Adjustment to be consistent with the purposes and intent of this chapter and to be no more detrimental to the adjacent properties than, and of the same type and character as, the above listed uses. 2.13:5 Outdoor Storage Outdoor storage in an IP district must be maintained in an orderly manner at all times. For outdoor storage in this district, uses such as scrap metal storage is permitted under the following conditions: 1. No scrap material may be piled higher than the top of the fence or screening material; such screening material to be a seven foot sight-obscuring fence or evergreen planting seven feet high at maturity, which shall completely enclose said use. 2. Such storage shall be no closer than two hundred (200) feet from any public thoroughfare of GC district and not closer than three hundred (300) feet from any residential district. 3. Storage of animal or vegetable wastes shall be prohibited which would attract insects or rodents or otherwise create a health hazard. 4. The surface of such areas shall be paved or graveled and maintained at all times in a dust-free condition. 5. Any lighting maintained in conjunction with material and equipment storage areas shall be so oriented as to not shine on or reflect into abutting properties or streets and shall be shielded to prevent excess glare (vertically). 2.13:6 Landscaped Yards All yard areas and all other yards not used for open storage or paved parking and loading areas, shall be landscaped. 2.13:7 Density Provisions 1. Maximum lot coverage: None. 2. Maximum height limitations for this district: None. 3. Minimum front yard: No front yards are required in an IP district except where such property flanks or is opposite a residential zone in which case the setbacks of the residential district shall be observed. II-13-3 ---PAGE BREAK--- 4. Minimum sideyards: No side yards are required in an IP district except where such property flanks or is opposite a residential zone in which case the setbacks of the residential district shall be observed. 5. Minimum rear yard: No rear yards are required in an IP district except where such property flanks or is opposite a residential zone in which case the setbacks of the residential district shall be observed. 6. Minimum lot size: None if on public sewer system; otherwise as determined by the Health Officer. 2.13:8 Signs 1. Advertising signs and outdoor advertising structures shall not exceed three hundred (300) square feet in area and thirty-five (35) feet in height. 2. Signs may be illuminated but shall not be of a flashing or moving type. 3. See also Section 4.5. 2.13:9 Prohibited Uses No building, structure, or premises, or portions thereof, established after the effective date of this ordinance, shall be used for human habitation, except as quarters for a caretaker, guard, or other persons whose permanent residency on the premises is required for operational safety or protective purposes. 2.13:10 Site Plan Required Uses may be permitted only after site plan review by the Planning Commission. The Commission may recommend conditions to site plan approval. Site plan composition shall conform to Section 2.23:4. Site plan review and approval for uses on lands zoned Industrial Park under the ownership of the Port of Klickitat shall be made by the Port of Klickitat commissioners rather than the Planning Commission. II-13-4 ---PAGE BREAK--- 2.14 General Industrial District (GI) (Amended June 2, 2015; Ordinance No. O060215) 2.14:1 Purpose This district provides for the establishment of heavier industrial uses essential to a balanced economic base in the county, with a minimum of conflict between industry and other land uses. 2.14:2 Principal Uses Permitted Outright: The following uses and associated buildings/improvements are permitted outright unless listed as conditional uses. 1. Manufacturing, fabrication, recycling, storage, distribution, marketing, wholesale/retail sale, or repair of products and other items; 2. Transportation-oriented facilities of all types; 3. Rock, sand, and gravel extraction and processing; 4. Public facilities and associated activities including, but not limited to utilities and cogeneration, public works, parks; 5. Storage facilities for businesses such as construction companies, landscape companies, distribution/warehouse, service oriented businesses. 6. Other uses determined by the Planning Director to be similar to the above uses. (Ord. 0031196 (Vol. 60, page 190) §32 (part), 1996; Res. 13678 (Vol. 29, page 346) (part) Ord. 62678 (Vol. 29, pages 376 and 377) §2.14:2, 1978). 2.14:3 Conditional Uses The following uses may be permitted on a GI district only when the location of such use shall have been approved by the Board of Adjustment after public hearing and examination of the location: 1. Acid manufacture. 2. Blast furnace. 3. Cement, lime, gypsum or plaster of paris manufacture. 4. Coke ovens. II-14-1 ---PAGE BREAK--- 5. Dump, rubbish, slag or sawdust. 6. Fat rendering. 7. Explosives, manufacture or storage. 8. Fertilizer manufacture. 9. Garbage, offal, or dead animal reduction or dumping. 10. Gas manufacture, or storage (artificial, natural, industrial liquified or compressed gases). 11. Junk yards, including processing, storage, sales. 12. Ore reduction. 13. Pulp and paper manufacture. 14. Petroleum refining, petroleum gasoline and other inflammable liquid storage. 15. Salvaging (including processing and storage) of metal, paper, cloth, etc. 16. Slaughter of animals or meat packing. 17. Smelting of copper, iron, lead, tin or zinc, and other metallic ores. 18. Steel manufacture. 19. Stock yards or feeding pens. 20. Tannery or the curing or storage of raw hides. 21. Wrecking of automobiles and equipment of all kinds. 22. Offsite hazardous waste treatment and storage facilities, provided that such facilities meet the state siting criteria adopted pursuant to the requirements of Chapter 70.105 RCW. 23. Stand-alone energy production from biomass facilities. (Amended 10/10/06; Ordinance No. 0101006) II-14-2 ---PAGE BREAK--- 24. Any other uses judged by the Board of Adjustment to be consistent with the purposes and intent of this chapter and to be no more detrimental to the adjacent properties than, and of the same type and character as, the above listed uses. (Ordinance No. 0031196 [Vol. 60. page 190] §35 (part), 36, 1996; Ordinance No. 110788 [Vol 50, page 59] 1988: Res. Pages 378 and 379 §2.14:13, 1978). 2.14:4 Accessory Uses Accessory uses may be permitted in a GI district which are customarily incidental and subordinate to the principal use. Onsite hazardous waste treatment and storage facilities as an accessory use to any activity generating hazardous waste and lawfully allowed in this zone, provided that such facilities meet the state siting criteria adopted pursuant to the requirements of RCW 70.105.210. 2.14:5 Outdoor Storage Outdoor storage in a GI district must be maintained in an orderly manner at all times. Outdoor storage in this district, such as junk yards, auto wrecking and scrap metal storage is permitted under the following conditions: 1. No wrecked autos or scrap material may be piled higher than the top of the fence or screening material; such screening material to be a seven foot sight-obscuring fence or evergreen planting seven feet high at maturity which shall completely enclose said use. 2. Such storage shall be not closer than one hundred (100) feet from any public thoroughfare and not closer than three hundred (300) feet from any residential district. 3. Storage of animal or vegetable wastes which would attract insects or otherwise create a health hazard are prohibited. 2.14:6 Density Provisions Density provisions for a GI district are as follows: 1. Maximum lot coverage: None. 2. Maximum height: None. II-14-3 ---PAGE BREAK--- 3. Minimum frontyard: No frontyards are required except where such property flanks or is opposite residential zone in which case the setbacks of the district shall be observed. 4. Minimum sideyard: No sideyards are required except where such property flanks or is opposite residential zone in which case the setbacks of the district shall be observed. 5. Minimum rearyard: No rearyards are required except where such property flanks or is opposite residential zone in which case the setbacks of the district shall be observed. 6. Minimum lot size: None if on a public sewer system; otherwise as determined by the Health Officer. 2.14:7 Prohibited Uses No building, structure, premises, or portions thereof established after the effective date of this ordinance, shall be used for human habitation, except as quarters for a caretaker, guard or other persons whose permanent residency on the premises is required for operational safety or protective purposes. 2.14:8 Parking See Section 4.2. 2.14:9 Signs 1. Advertising signs and outdoor advertising structures not exceeding three hundred (300) square feet in area and not exceeding thirty-five (35) feet in height. 2. Signs may be illuminated but shall not be of a flashing or moving type. 3. See also Section 4.5 II-14-4 ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- 2.24 Cluster Agriculture Overlay (amended 4/3/2012; Ordinance No. 040312-2) Rationale for the Cluster Overlay An alternative to subdivision into 20-acre lots; allows the farmer/rancher to divide off parcels/lots in smaller sizes (e.g. 1-5 acre lots) on lands least suited to farming/ranching (due to poor soils, topography, isolation from the main operation), while preserving the more productive land in a single lot; and provides flexibility to sell lots and retain the productive land, provided that the resulting small residential lots will not result in need for new/expanded public services/improvements (and associated costs to the public) and will not interfere with existing agricultural operations. 2.24:1 Intent and Purpose It is the intent and purpose of this district to: • Provide ability of landowners of agricultural land in the Extensive Agriculture and Open Space Zones to create small acreage residential lots; and • Enhance lands best suited to agricultural for long-term commercial production and minimize reductions in agricultural productivity; and • Avoid or minimize the need (and associated costs) for new/expanded public and private services such as, but not limited to fire protection (for homes and other improvements), school bus service, new school facilities, road maintenance, law enforcement, medical response, wildfire response, PUD services, noxious weed control; and • Prevent the spread of wildfire and damage to property, structures and crops; and • Prevent the spread of noxious weeds; and • Create non-agricultural lots with safe access to public roads; and • Avoid conflicts with other on-going agricultural enterprises; and • Encourage small non-agricultural lots to be located on the least productive lands within the Site Plan. The Cluster Agriculture Overlay is applied to lands within Extensive Agriculture and Open Space Zones per the rezone process, simultaneously with consideration/approval of a Site Plan (i.e. a rezone application to the Cluster Agriculture Overlay will not be accepted without a complete application for the Site Plan). II-24-1 ---PAGE BREAK--- 2.24:2 An approved Site Plan and rezone to Cluster Agriculture Overlay is valid for five years from the date of approval; if the proposal is not developed to the extent fully envisioned in the approved Site Plan at the end of five years, development of the remaining undeveloped non-agricultural lots shall become invalid. If a final plat for the Site Plan has not been filed at the end of five years, the rezone to Cluster Agriculture Overlay shall become void, as well as voiding the Site Plan. 2.24:3 Site Plan Approval The Planning Commission shall review the proposed rezone to Cluster Agriculture Overlay and proposed Site Plan after review and comment by the planning director, county engineer, county sanitarian and other agencies of concern. The Planning Commission shall issue a recommendation to the Board of Commissioners, who shall summarily accept or reject the proposal, or remand back to the Planning Commission. The property shall be developed in accordance with the approved Site Plan and other applicable county ordinances. Further development beyond that allowed by the under lying zone shall not be allowed unless underlying zoning changes to permit increased density. 2.24:4 Site Plan design, application requirements, other 1. The minimum acreage proposed for rezoning to Cluster Agriculture Overlay and Site Plan is 40 contiguous acres. 2. The proposal may be applied only to land under a single deed (note: if an applicant intends to include several existing/adjacent parcels, the parcels must be united per a single deed prior to submittal of the application). The total number of lots within the proposed Site Plan shall not exceed the total number allowed per the zoning density. 3. A minimum of 90% of the total area of the proposed Site Plan shall remain as one parcel to be used in a manner that is consistent with the underlying zone. In other words 90% will remain in one lot to be used for uses consistent with the respective Open Space or Extensive Agriculture Zone; and at a minimum, 80% of the “farmable/productive” land within the Site Plan shall be maintained in agricultural use. 4. The size of each non-agricultural parcel/lot shall II-24-2 ---PAGE BREAK--- be the minimum size required to support an individual well and primary/reserve septic system as specified by the Health Department. The non- agricultural parcels/lots may be larger (up to a maximum of 5 acres each) with approval by the Planning Commission/Board of Commissioners, based on unique circumstances e.g. larger parcels are required due to topographic limitations, wetlands, critical areas, or other natural features of the land that necessitate an area larger than the Health Department recommendation for lot size. 5. The Site Plan shall portray the build-out and uses of each lot; and if the site plan portrays less than the total potential number of lots the Site Plan shall bind/limit development as shown and approved. 6. Development within approved Site Plan may be developed per Subdivision process in Phases, but the entire development/subdivision process must be completed within 5 years of the date of approval of the Site Plan. 7. Final plats shall include notation that the resource lot (ranch/farm) shall not be further divided; and a deed restriction for the resource lot shall be recorded with a restrictive covenant, stating the lot cannot be further divided. 8. The site plan shall be accompanied by: information regarding locations and acreages of soil types (from Conservation District), current uses, improvements and historical uses; topographic map information; parcel/ownership map of the surrounding area within one mile of the exterior boundary of the proposed Site Plan. 9. A 50’ buffer shall be designated along the perimeter of each non-agricultural lot line (except for along lot lines that front a public road). The purpose of the 50’ buffer is to ensure that as individual owners of the lots develop wells and septic systems, the systems will not be established adjacent to common lot lines in such a way that may limit the future locations of wells/septic systems on adjacent lots per health regulations that require 100’ separation between septic systems and drainfields, even when located on different lots. The 50-ft buffer areas as portrayed on final plat maps shall include notation that wells/septic systems are not to be located in the buffer areas. Variation of buffers may be allowed per review and approval by the II-24-3 ---PAGE BREAK--- Planning Commission and Health Department. 2.24:5 Approval criteria – All of the following criteria must be satisfied for approval of a site plan: 1. The proposed lots within the Site Plan must be located/designated to minimize need for new infrastructure. 2. The respective fire protection district, school district, and County Sheriff shall provide written confirmation of ability to effectively serve the proposed Site Plan without additional cost and/or expanded service needs. 3. The proposal shall include provisions that address wildfire (e.g. provisions to limit potential for wildfire caused by small lot development and provisions to protect small lots in the event of wildfire), noxious weeds (e.g. provisions that require small lot owners to eliminate weeds on their property from spreading onto adjacent properties), domestic animal control (e.g. provisions that ensure that small lot owners are aware of issues related to unrestrained dogs/pets who may harass livestock or be destroyed by rural traffic/farm operations) and other issues as identified by the Planning Commission. Typically, these provisions are implemented per covenants and restrictions that are enforceable by the owner of the agricultural parcel or other land owners in the cluster development. 4. The proposed Site Plan’s design shall be consistent with the Subdivision design requirements. II-24-4 ---PAGE BREAK--- ---PAGE BREAK--- 2.26 Resource Lands District (RL) (Additional by Ordinance No. 120982 dated December 9, 1982; amended by Ordinance No. O010300 dated January 3, 2000; Ordinance No. O010300 rescinded by Ordinance No. O081803 dated August 18, 2003; amended by Ordinance No. O060512-1 dated June 5, 2012 rescinded by Ordinance No. O060915 dated June 9, 2015) 2.26:1 Purpose and Intent The purposes of this district are to provide land for present and future commercial farm and forest operations in areas of productive soils and other conditions suitable for the continued success of such operations and to minimize conflicts between farm and forest practices and various nonfarm uses by allowing development of such land in accordance with performance criteria, evaluating the resource and development suitability of the individual parcels within the district. 2.26:2 Principal Uses Permitted Outright 1. Farm and forest use. 2. All land use activities, operations, building structures and other facilities necessary for agriculture, dairy, grazing, horticulture, forestry and growing and harvesting of agriculture, other crops and timber. 3. All legal uses, activities, products and values associated with wild or managed forest, wild land, forest preserves, wildlife reservations and watershed protection areas. 4. Fishing lakes, fish rearing ponds, hunting preserves and similar recreational uses. 5. Single-family dwellings, mobile homes and seasonal homes. 6. Home occupations. 7. Commercial or industrial activity directly serving agriculture and timber operations, including the preparation and storage of farm and forest products. 8. Development of roads, railroads, canals, ditches, utility services, service and residential structures, mobile and stationary equipment, facilities and structures. II-26-1 ---PAGE BREAK--- 2.26:3 Accessory Uses 1. Uses customarily incidental to a principal use permitted outright, such as private garages or parking areas for non-commercial vehicles only, conservatories for plants and flowers, but not including any business, trade or industry. 2. The renting of rooms by the resident owner for lodging purposes only and for the accommodation of not more than two roomers in a dwelling unit. 3. Residences provided for farm laborers, not to exceed three dwelling units. 4. The accessory exceptions for Resource Lands District which may be authorized by the Board of Adjustment include only those customarily incidental to conditional exceptions allowed. 2.26:4 Conditional Uses Permitted 1. Multi-family residential dwellings and condominiums. 2. Public, private and parochial schools and supporting dormitory facilities. 3. Churches and other charitable organizations. 4. Fire stations. 5. Railroad rights-of-way, but not yards or other similar facilities. 6. Franchised and public utility and communication facilities such as branch telephone, exchanges, static transformers, booster stations, pumping stations - no service or storage buildings or yards. 7. Cemeteries, mausoleums, crematoriums. 8. Quarries, mines, sand and gravel pits. 9. Airports. 10. Park, playground, golf courses, country clubs, riding academies and stables, camping clubs, recreation and conservation clubs, ski resorts, private clubs, lodges, convents or community center. II-26-2 ---PAGE BREAK--- 11. Migrant labor and farm-hand housing and facilities of more than three dwellings. 12. Dams, powerhouses, pipelines, flood control structures, reservoirs and fish hatcheries. 13. Any other uses judged by the Board of Adjustment to be consistent with the purposes and intent of this chapter and to be no more detrimental to the adjacent properties than, and of the same type and character as, the above listed uses. 2.26:5 Application It is intended that the Resource Lands District be designated only within areas designated as resource lands in the Klickitat County Comprehensive Plan. 2.26:6 Site Plan Requirements All proposed land divisions will be required to file a Resource Lands application with the planning department, to include a sketch of the ownership parcel which locates existing buildings, roads, drainage patterns, well sites and other information necessary for a land evaluation of the site. Dwelling unit densities shall be assigned in accordance with criteria as specified in the Klickitat County Comprehensive Plan. 2.26:7 Development Review Process All development proposed within the Resource Lands district shall be evaluated and acted upon in accordance with the following procedures: 1. Filing of Application An application for development in a Resource Lands District shall be completed and filed by the applicant at the planning department. A sketch of the ownership parcel shall be included with the application indicating the information specified on the application. 2. Identification and Classification An on-site evaluation of the ownership parcel shall take place between the applicant and the planning department. Specific items included within the resource criteria checklist shall include, but not be limited to: II-26-3 a. Existing/adjacent land use ---PAGE BREAK--- b. Lot size and ownership pattern c. Soil type d. USDA Soil Capability Classification e. Timber Productivity Classification (CMAI) f. Seedling mortality rate g. Erosion hazard h. Slope aspect and steepness The development suitability criteria checklist shall include, but not be limited to: a. Existing/adjacent land use b. Lot size and ownership pattern c. Slope d. Fault line or zone e. Sanitary facilities f. Building site development g. Water management h. Critical wildlife habitat (species present) i. Geology j. Public services 3. Map of Parcel After an evaluation of the information contained in the application, on-site review criteria checklists, and evaluation criteria in the comprehensive plan, a map is drawn by the planning department that delineates land that is identified as best, good and limited suitability for resource production and development. 4. Density Assignment Using the parcel map, the planning department assigns a density of dwelling units per acre that corresponds to the amount of acreage in the best, good and limited classifications. 2.26:8 Density and Open Area Provisions In evaluating a parcel for agriculture/forest suitability and development suitability, dwelling unit densities for single-family units and clustering of homesite locations shall be assigned to the ownership parcel. The maximum number of dwelling units per acre shall be four except when otherwise approved by the Board of Adjustment for multi-family residential use. II-26-4 The open area requirement specified for each corresponding ---PAGE BREAK--- density assignment shall be maintained on all ownership parcels larger than two acres in size. No open area requirement shall apply for areas two acres in size or less. Density assignments for resource lands two acres or less shall be one dwelling unit per two acres for limited development suitability, one dwelling unit per one acre for good development suitability and two dwelling units per one acre for best development suitability. An average lot size of 20,000 square feet shall apply. SINGLE-FAMILY DEVELOPMENT SUITABILITY Resource Suitability: Limited Good Best Best Open Area=95% 1 d.u./20 acre 1 d.u./20 acre 1 d.u./10acre Good Open Area=85% 1 d.u./20 acre 1 d.u./10 acre 1 d.u./5 acre Limited Open Area = 75% 1 d.u./5 acre a. a. CLUSTERING DEVELOPMENT SUITABILITY Resource Suitability Limited Good Best Best Open Area = 97.5% 1.3 d.u./20 acre 1.3 d.u./20 acre 1.3 d.u./ 10 acres Good Open Area = 90% 1.3 d.u./20 acre 1.3 d.u./10 acre 1.3 d.u./ 5 acres Limited Open Area = 85% 1.3 d.u./5 acre b. b. d.u. - dwelling units a. - 3 dwelling units per acre computed within development area only b. - 4 dwelling units per acre computed within development area only II-26-5 2.26:9 Yard Requirements ---PAGE BREAK--- Minimum lot width: 100 feet Minimum lot depth: 100 feet Minimum front yard: 20 feet Minimum side yard: 5 feet Minimum rear yard: 20 feet Yard requirements may be raised or lowered by the planning commission and Board when approving subdivisions and by the Short Plat Administrator when approve short subdivisions provided the altered requirements are clearly and legibly shown on the long or short plat map and public health, safety and welfare is not jeopardized. 2.26:10 Signing In a Resource Lands zone the following signs are permitted: 1. Residential Non-flashing residential name plates not exceeding 64 square inches bearing only the name and address of the occupant; non-flashing bulletin boards or signs not exceeding 30 square feet for quasi-public institutional or other buildings. 2. Commercial or Industrial Advertising signs and outdoor advertising structures not exceeding 300 square feet in area and not exceeding 35 feet in height. Signs may be illuminated but shall not be of a flashing or moving type. 3. See Section 4.5 also. 2.26:11 Parking At least one permanently maintained off-street parking or a private garage for one car shall be on the same lot as a dwelling, or attached thereto or made a part of the main building. Adequate parking shall be provided for accessory or conditional uses and may be established by the Board of Adjustment. See also Section 4.2. II-26-6 ---PAGE BREAK--- 2.26:12 Findings Prior to application approval of a conditional use, subdivision or short subdivision, the Board of Adjustment, Planning Commission, Board of Commissioners, or Short Plat Administrator shall make the following findings: 1. That there is a public need for the proposed use, subdivision or short plat. 2. That the proposed use, subdivision or short plat complies with the adopted comprehensive plan. 3. That the property is suitable for the proposed use, subdivision or short plat. 4. That the public facilities and services to serve the use are adequate for the proposed use, subdivision or short plat. The applicant shall be notified in writing whether the application has been granted or denied. 2.26:13 Redivision of Open Area The open area of a short plat or subdivision processed in accordance with this section shall be clearly and legibly designated on the face of the short plat or subdivision plat map as "open area", and it shall be further stated that "No further division of this area can take place for a period of five years from the date of approval" of said short plat or subdivision. II-26-7 ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- SECTION 3: GENERAL AND SUPPLEMENTARY PROVISIONS 3.1 Purpose Provisions of this section are of general application to several districts unless otherwise noted. It is the intent of the ordinance to provide standards sufficient to afford continuing protection to property and yet be adaptable enough to avoid unnecessary hardship or interference with growth and natural change. Accordingly supplementary provisions area also necessary to govern specific deviations from general rules. Those special deviations are to be contrasted with the grant of a variance which requires discretionary action by the Board of Adjustment where standards cannot be completely defined. 3.2 Lot Provisions 3.2:1 Farm Dwellings not Subject to Lot Provisions In order to provide for effective farm operations, the established farm dwelling shall be exempted from lot and density provisions, the established farm dwelling shall be the original dwelling or the presently occupied dwelling on the farm. An additional dwelling may be placed on a farm for the purpose of housing family members or employees actively engaged in operating the farm. A determination will be made by the administrator upon receipt and review of an application that the dwelling will be occupied by a bona fide employee or family member whose principal income is, or will be (upon occupation of the dwelling), derived from the farm. If the farm operation ceases, the dwellings may be sold or leased as long as an acceptable size lot be included. Said lot size shall be no larger than 20,000 square feet unless additional area is needed for inclusion of a septic tank and drainfield (Amended 5/21/84; Ordinance No. 0052184) A maximum number of three additional lots may be created on a bone fide farm operation for purposes of housing family members (father, mother, son, daughter, grandson, granddaughter) engaged in the operation of the farm upon approval of an application for same by the administrator. Lots so created shall be limited to residential use and shall be no larger in size than 20,000 square feet unless additional area is needed for installation of septic tank and drainfield as determined by the jurisdictional health department and administrator. Lots so created shall not be sold outside the family for a period of five years. Such lots shall be created in accordance with Klickitat County short plat regulations. Restrictions contained herein shall be stated on the final short plat filed for record. (Amended 5/21/84; Ordinance No. 00521840). III-1 ---PAGE BREAK--- 3.3 Lot Reduction to Violation No property may be so reduced in area that it would be in violation of minimum lot size, yard provision lot coverage, off-street parking or any other requirements for the district or use. Lots may be so reduced in area for proposes of disposing of second dwelling which existed prior to the adoption of the zoning requirements which prohibited such reduction provided the lots would not be in violation of other requirements of the district. Lots may also be so reduced in area for purposes of establishing a building or use of a public works or utility nature provided said lots are restricted to the use and restricted from locating dwelling units thereon, and that said restrictions appear on the face of the plat creating same, and provided further, that said lots would not be in violation of other requirements of the district. (Amended 8/9/92; Ordinance No. 0-080982-1. Amended 7/1/85; Ordinance No. 0070185.) 3.4 Minimum Lot Exemption Buildings or structures may be erected, moved or structurally altered on property which is less than the minimum lot area or dimensions for the district in which it is located provided such property existed by title in its present form and size before the date of adoption on this ordinance. In such cases documentary proof of the fact shall be submitted by the person claiming benefits from this clause. This section shall not waive other minimum requirements of this ordinance. (Amended 9/7/89; Ordinance No. 0-090789.) 3.5 Lots Created for the Purpose of Financing The lot size minimums established by this ordinance shall not apply to lots created solely for the purpose of financing the sale of a lot. Such lots shall be required to be subdivided in the manner provided in any ordinance adopted by Klickitat County controlling subdivision and short platting. Lots created for the purpose of financing shall carry the following conditions: 1. That the lots shall not be sold separately; 2. that only one single family dwelling will be permitted on the lots created, considered in their aggregate; 3. that the smallest of the lots created shall be not less than one(1) acre; and 4. that the lots will be recombined by the county assessor on completion of the financing arrangements. III-2 ---PAGE BREAK--- 3.6 Setback Distances and Yard Requirements In this ordinance, the term setback is not used, as such a term represents a distance that is established in like manner as that for yard. Yard requirements are noted under the Density Provisions section for each district. Yard requirements shall be measured from property lines and the edge of rights-of-way. 3.6:1 Establishment, Alterations, or Elimination of Setback Lines On property meeting the provisions of Section 3.4, setback requirements may be reduced by the administrator but in no case shall setbacks be less than those of the RC District (Section 2.9:4) without a variance from the Board of Adjustment. 3.7 Temporary Use of a Mobile Home (Repealed 7/22/2014; Ordinance No. O072214-1) 3.8 Home Occupations 1. Type of Use: Home occupations when permitted are those which customarily are carried on within a dwelling by a member or members of family. Such activity shall be secondary to the use of the dwelling for living purposes. Not more than 25 percent of the floor space of the main floor which may be in the basement, or on the first floor only, of such dwelling may be used, and under no circumstances more than 300 square feet. 2. Disturbing Influences: No home occupation shall be permitted which is objectionable due to noise, dust, smoke, odor, glare, traffic attraction or other disturbing influences greater than that of other residential properties in the vicinity. 3. Exterior Modification: There shall be no exterior modification or adornment of the structure which would suggest a use other than residential. 4. Trade Limitations: In all residential districts no services shall be rendered on the premises which require the presence of persons in connection with the home occupation in excess of an average of 4 persons per day. 5. The Board of Adjustment may hear requests for waiver, exemption, reduction or modification of these requirements if proposed use and modifications are determined by the Board to be in keeping with the purposes and intent of the zone district involved. III-3 ---PAGE BREAK--- 3.9 Shorelines Control Shorelines of the county covered by the adopted Shoreline Management Master Plan and Ordinance are subject to the provisions of that plan and ordinance. In case of conflicting regulation between the plan and ordinance, and this ordinance, the more restrictive shall apply. 3.10 Accessory Dwelling Unit Amended 7/22/2014; Ordinance No. O072214-1) An accessory dwelling unit (ADU) is a detached habitable living unit that is subordinate to an existing or proposed principal dwelling unit; or is a habitable living unit to be attached to an existing or proposed principal dwelling unit. The establishment of an ADU may be authorized through an administrative conditional use, if the criteria in this chapter are met, and the ADU is located within Forest Resource (FR), Open Space (OS), Extensive Agriculture (EA), General Rural (GR), Rural Residential (RR), Rural Center (RC), Suburban Residential (SR) and Rural (RRL) zoning districts of the County, except for within the Husum/BZ Corner and Dallesport/Murdock Sub-Areas. Proposed ADU shall comply with all applicable codes, including but not limited to building code and health code requirements. 3.10:1 The purpose of the ADU is to: 1. Expand opportunities for affordable housing. 2. Make housing units available to moderate-income people who might otherwise have difficulty finding homes within the county. 3. Accommodate the needs of people at all stages in the life cycle (e.g. allow first-time homeowners opportunity to off-set a high mortgage commitment; allow homeowners income; allow elderly to have health-care provider living on the premises; allow the owner of the principal dwelling unit to move into the ADU after children have grown and the principal dwelling is too large to accommodate their needs thus allowing the owner to continue to live on the parcel and rent out the principal unit). 4. Maintain property values, community characteristics and a single-family residential appearance by ensuring that ADUs remain subordinate to the principal unit. 3.10:2 ADUs shall meet the following standards and criteria: 1. The design and size of the ADU shall conform to all applicable standards in the building, plumbing, electrical, mechanical, fire, health, and any other applicable codes. III-4 ---PAGE BREAK--- 2. Certification must be provided by the County Health Department or the responsible water purveyor that the water supply is adequate to serve both the principal unit and ADU. No additional well shall be drilled to accommodate the ADU. The ADU is required to utilize the existing well as the source of potable water supply. To ensure full compliance of the limitations of groundwater exemptions pursuant to the State requirements, landowners are strongly encouraged to meter the well and document the water usage on a basis. The parcel must exceed the minimum usable land area requirement for an on-site sewage system; and the primary and reserve sewage disposal systems for the principal unit and ADU can be accommodated within the lot lines of the parcel. 3. The ADU may be attached to an existing or proposed principal unit; or may be detached from an existing or proposed principal unit. If detached, the ADU shall be located within two hundred (200) feet of the primary residence. 4. Only one ADU may be established per principal unit in single-family zones; and only if there are no other existing dwellings on the parcel. 5. The parcel owner, which shall include title holders and contract purchasers, must occupy either the principal unit or the ADU as their permanent residence for at least 6 months out of each year. The parcel owner must agree to not divide the parcel so as to result in the ADU and principal dwelling unit being located on separate parcels. 6. An ADU must not have more than 2 bedrooms; and not be more than 900 square feet. However, for purposes of certifying an ADU which was constructed before the County adopted its first ADU regulations on September 18, 2012, a certificate may be issued for an ADU which exceeds 900 square feet as long as the ADU is no more than 40% of the total floor area of the residential portion of the principal dwelling’s occupancy, as defined by Klickitat County Codes Titles 15 and/or 16 7. The ADU shall be designed and placed so that, to the degree reasonably feasible, the appearance of the building and lot remains that of a single-family residence. 8. One off-street parking space, in addition to that which is required by the Ordinance for the underlying zone, shall be provided or as many spaces deemed necessary by the Planning Department to accommodate the actual number of vehicles used by the occupants of both the principal dwelling and the ADU. Parking spaces include garages, carports, or off-street areas reserved for parking of vehicles. The driveway of the existing or proposed principal dwelling shall be used as a driveway to serve the ADU (i.e. a new driveway or road approach to a public or private access road is not permitted). III-5 ---PAGE BREAK--- 9. A condition of approval of the ADU will be that the parcel owner must record with the Auditor a restrictive covenant (to be reviewed and approved by the Planning Department) that attaches to the title of the parcel and binds all future owners and occupants of the parcel to the preceding terms. 10. Accessory dwelling units meeting the above criteria are considered part of the principal single family dwelling for zoning density purposes, and therefore are not considered an additional dwelling unit for the purposes of measuring compliance with zoning density restrictions. Any other structures containing two distinct sets of living quarters and two kitchens are considered duplexes. Duplexes are considered two dwelling units for purposes of measuring the number and size of parcels. 11. Neither the principal unit nor the ADU shall be used as short-term vacation rentals. A short-term vacation rental is a rental which is less than 60 consecutive days in a single 12 month period. 3.10:3 Pre-existing ADUs, Farm Laborers Residences and Duplexes. 1. ADUs that may have been established without benefit of permits prior to the date of enactment of these ADU provisions may request certification as a legal ADU by applying to the Planning Department consistent with section 3.10:4 and demonstrating substantial compliance with this chapter. 2. For zoning districts where up to three dwelling units for farm laborers residences are permitted as an accessory use, the landowner may elect to establish one ADU and up to two farm laborers residences. The maximum number of allowable dwellings shall remain as four Note that both the ADU and the farm laborers residences are considered as an accessory use. 3. For zoning districts where duplexes are listed as principal uses permitted outright, instead of a duplex, the landowner may elect to construct one primary dwelling and one ADU. An ADU in addition to a duplex is not authorized. 3.10:4 Administrative Conditional Use Process. Following submittal of a complete application on forms approved by the Planning Department, written notice shall be mailed to adjacent landowners and other interested parties, whom shall have fourteen (14) days to comment on the application. The Planning Department may grant an administrative conditional use if the proposal demonstrates it will not be substantially detrimental to the public interest and is III-6 ---PAGE BREAK--- consistent and compatible in design, character and appearance with the existing or intended character and quality of development in the vicinity and with the physical characteristics of the subject property. The Planning Department may impose conditions to address consistency with this chapter, and other code requirements and applicable laws. The applicant shall be in full compliance with the conditions as imposed to ensure ADU consistency with this chapter, and other applicable legal requirements. If there is an inconsistency among legal requirements, the stricter provisions shall govern, as long as consistency with state laws is achieved. The applicant shall be responsible for obtaining all other applicable permits before commencing construction. If the ADU is not constructed and a certificate of occupancy for the ADU issued within two years, the administrative conditional use shall lapse. III-7 ---PAGE BREAK--- III-8 ---PAGE BREAK--- SECTION 4: PERFORMANCE STANDARDS (amended 06/02/2015; Ordinance No. O060215) 4.1 Intent It is the intent of this section to allow for future adoption of standards for administrative determinations in certain classifications of uses according to performance standards. 4.2 Off-Street Parking Requirements At the time a new structure is erected or enlarged, or the use of the existing structure is changed, off- street parking spaces shall be provided as set forth in this section, unless greater requirements are otherwise established by any other sections of this ordinance or by the Board or the Board of Adjustment. Parking facilities provided in connection with an existing use prior to the adoption date of this ordinance shall not be reduced below the requirements of this section. 1. Residential use: One space per dwelling unit. 2. Commercial accommodation: One space per guest room. 3. Institutional use: One space per bed. 4. Place of assembly: One space per four seats or eight feet of bench length in the main auditorium. If no permanent seats are provided, one space per 35 space feet of floor area used for meeting rooms. 5. Commercial amusement use: Bowling alley - three spaces per lane. Dance hall or skating rink - one space per 100 square feet of floor area. 6. Commercial use: Retail store - one space per 200 square feet of floor space. Bank or office - one space per 400 square feet of floor area. Repair shop or shop exclusively handling bulky merchandise - one space per 600 square feet of floor area. IV-1 ---PAGE BREAK--- Restaurant - one space per 100 square feet of floor area. Mortuary or funeral home - five spaces for each room used as a parlor or chapel. 7. Industrial use: Manufacturing establishment - one space per 1,000 square feet of floor area. Wholesale establishment - one space per 2,000 square feet of floor area. 4.3 Access All lots used for residential purposes shall have frontage on a public road or private road of at least 25 feet. 4.4 Vision Clearance The Board may order the removal or modification of sight obstructions which constitute a traffic hazard to operators of motor vehicles on public roads. The County Engineer may vary or increase the specific requirements in those instances where structures or plantings interfere with sight distances. 4.5 Signs Intent 1. The intent of County sign code regulations is to protect public safety, including transportation and pedestrian safety, while also protecting the economic base, and providing for businesses, civil, philanthropic, educational, and religious organizations to advertise, consistent with enhancing the overall economy and environment of the County. 2. It is the intent of the County sign code regulations to recognize that an attractive County will encourage desirable economic development and to ensure that signing works to the advantage of all citizens by reasonable control of the size, number and location of signs. IV-2 ---PAGE BREAK--- 4.5:1 Signs – General Provisions 1. Light from signs shall be directed away from and not be reflected upon adjacent premises. 2. No sign shall be erected or placed in such a manner so that by reason of its position, shape or color it may interfere with, obstruct the view of, or be confused with any traffic sign, signal, or device. 3. Signs shall be maintained in good repair and sound structural. This includes keeping signage clean and neatly painted. 4. Signs shall be removed by the property owner within 15 days after the advertised business, product or service is abandoned or no longer in use. 5. Signs located upon or projecting over public roads and right-of-way are prohibited except for official signs and notices and as set forth in Title 12. 6. Signage located within public right-of-way must be reviewed by applicable local and state agencies, approved by the Klickitat County Department of Public Works, Office of the County Engineer, and be consistent with applicable local and state requirements, including Title 12 and the current edition of the Manual on Uniform Traffic Control Devices for Streets and Highways. 4.5:2 Exempt Signs in All Zoning Districts 1. Official signs, including but not limited to traffic signs and signals; and notices erected by public officers pursuant to law, administrative order or court order. 2. Temporary on-premises signs pertaining to the sale, lease or rental of real estate if removed within 15 days of sale, lease or rental. 3. Building plaques, corner stones, name plates, house and building numbers, and similar building identifications. 4. Temporary signs in connection with political and civic campaigns, provided that such signs are removed within 15 days following the conclusion of the campaign. IV-3 ---PAGE BREAK--- 5. Signs within sports parks, stadiums, arenas or open theaters, designed for view by patrons within such facilities. 6. Information signs erected by the forest industry to indicate forestry activities such as Christmas tree cutting, wood cutting, tree farm, road closures, road identification, fire directionals, recreation areas, and logging operations, if removed within 15 days of the event. 7. Signs indicating membership in farm organizations. 8. Signs located within a building. 9. On-premises directional signs. 10. Temporary signs identifying proposed or existing construction if removed within 15 days of construction cessation. 11. Signs posted by property owners indicating prohibited uses like “no trespassing,” “no hunting,” and “no fishing.” 12. Lettering painted on or magnetically flush-mounted onto a motor vehicle operating in the normal course of business. 4.5:3 Off-Premises Signs 1. Off-premise signs require a sign permit, which requires approval by the planning department. 2. After a sign application is deemed complete, landowners within 300 feet of the property boundaries shall be notified and a minimum 14-day comment period provided. 3. Following the close of the comment period, a final decision shall be made within 14-days. 4. The sign permit must be applied for on forms prepared by the planning department, which shall require property owner signature, a depiction of the sign, including its height, size, and exact location. 5. No off-premises sign shall be erected closer to the edge of the right-of-way than the building setback line. Additional setback may be required in order to promote public safety by preserving reasonable sight distances for vehicular traffic IV-4 ---PAGE BREAK--- at road intersections for corner lots. In cases where no setback is required, no portion of any off-premises sign shall extend beyond the property line or extend over the right-of-way line of any street or highway. 6. No off-premises sign shall be larger than 30 square feet or 35 feet in height. Signs may be illuminated but shall not be a flashing or moving type. 7. Any off-premises sign shall conform with applicable building code and state law requirements, and any other code requirements, including those applicable within specific zoning designations. 4.5:4 Nonconforming Signs 1. Any sign in existence on the effective date of the ordinance adopting the amendments in this chapter, erected consistent with pre-existing legal requirements, may continue in existence at its present location and may be maintained, and its message may be changed, as long as the sign itself is not increased beyond its existing size. 2. A nonconforming sign must be removed or brought into compliance if: a. It is damaged or deteriorated by more than ten (10) percent of its replacement value; or b. It has not been used for a period of six months or longer. 4.5:5 Definitions "Official signs and notices" means signs and notices erected by a local government agency operating within its territorial jurisdiction as authorized by law, which are necessary to protect and regulate the public health, safety and welfare. Such signage may include traffic or pedestrian directional and control signs, public safety warnings or hazards signs, and official public notice signs. 1. "Off-premises sign” means any commercial sign used for the purpose of identifying or directing attention to a business, product or service not located on the lot where such sign is displayed. IV-5 ---PAGE BREAK--- 2. A "public officer" is an official of a local government agency when acting in his or her government capacity and within the agency’s territorial jurisdiction. 4.5:6 Substitution With respect to any authorized commercial sign, a noncommercial message may be substituted in the place of any commercial message. IV-6 ---PAGE BREAK--- SECTION 5: ADMINISTRATION (Amended 06/02/15; Ordinance O060215) 5.1 Intent The provisions of this ordinance shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare; therefore, where this ordinance imposes greater restriction than is imposed or required by other laws, ordinance rules or regulations the provisions of the ordinance shall prevail. 5.2 Exceptions Recognizing that there are certain uses of property that may, or may not, be detrimental to the public health, safety and general welfare, depending upon the facts of each particular case, the Administrator shall have limited power to issue special permits for new or unusual uses which are of similar character and not specifically mentioned elsewhere in the ordinance as a permitted use. And, the Administrator may modify any of the provisions of this ordinance upon application in writing by the applicant, or his duly authorized representative, where there are practical difficulties in the way of carrying out the strict letter of the ordinance provided that the spirit of the ordinance shall be complied with, public welfare insured and substantial justice done. The particulars of such modification shall be granted or allowed and the decision of the Administrator shall be entered upon the records of the department and a signed copy shall be furnished to the applicant. 5.3 Interpretations The planning commission may permit by interpretation in a zoning district any use not described in this ordinance, not a prohibited use, or not expressly allowed in a less restrictive district, and deem it to be in general keeping with the uses authorized in such district. A record shall be kept of such interpretations to facilitate equitable future administration and to permit periodic amendments to this ordinance. 5.4 Official Zoning Map It shall be the duty of the planning commission to interpret the provisions of this ordinance in such a way as to carry out the intent and purpose of the official zoning plan as shown by the zoning map on file in the auditor's office and planning department. V-1 ---PAGE BREAK--- 5.5 Comprehensive Plan It shall be the duty of the planning commission, Board of Adjustment and Board of County Commissioners to interpret and/or administer the provisions of this ordinance in such a way as to carry out the intent and purpose of the long range comprehensive plan prepared by the planning commission as required by Chapter 36.70 RCW and adopted by the Board of County Commissioners. 5.6 Public Hearing Whenever a public hearing is required by this ordinance, no less than three notices thereof shall be posted by the planning director in conspicuous places on or adjacent to the tract, lot or other land or building area affected. Written notices shall be mailed to adjacent land owners of record and others likely to be affected. Such notices shall state the time and place of such hearing and the nature of the question to be heard and shall be posted no less than fourteen (14) days prior to the date of hearing. Notices shall be sent to owners of record of all property within a distance of 300 feet, streets and alleys excluded, all property which is the subject of the public hearing. 5.7 Conflict In the event of conflict of provisions in this ordinance the most restrictive requirements shall prevail. 5.8 Twelve Month Validity Whenever any permit or exception is issued pursuant to provisions of this ordinance, unless otherwise provided pursuant to this title, any final decision, permit or exception shall remain effective no more than twelve (12) months, unless the use allowed is begun within that time. If not in use, or if related construction is not undertaken within twelve (12) months, the authorized use shall become invalid and the principal uses permitted outright in the district shall prevail, provided that two extension periods of six months may be granted upon proof of need and timely application therefore is made to the Director of Planning. If the decision is appealed, the twelve (12) months shall be counted from when the appeal is dismissed or the litigation is otherwise resolved. V-2 ---PAGE BREAK--- 5.10 Non-Conforming Uses 5.10:1 Policy It is declared to be the policy of the Board to provide regulatory mechanics for non-conforming uses as found and determined to be reasonable and equitable in many jurisdictions. This policy is pursued in order that non-conforming uses in existence at the time of adoption of the ordinance, or amendments thereto, shall be brought to conformity or amortized and removed within such period of time as are compatible with justice to the owners of properties affected and with the interests of the safety, health and general welfare of the county. 5.10:2 Special Definitions 1. “Nonconforming Lot” means a lot lawfully existing at the time of this ordinance becomes effective, which does not meet the area or width requirements of the zone in which it is located. 2. “Nonconforming Structure” means a building or structure or portion thereof lawfully existing at the time this ordinance becomes effective, which was designed, erected, or structurally altered, for a use that does not conform to the use regulations of the zone in which it is located, or which does not conform to the setbacks for maximum lot coverage or other provisions herein established for the zone. 3. “Nonconforming Use” means a use to which a building or land was lawfully put at the time this ordinance becomes effective and which does not comfort with the use regulations of the district in which it is located. 5.10:3 General Provisions 1. The lawful use of land or structures existing on the effective date of this ordinance may be continued. With approval of the Board of Adjustment, nonconforming uses or structures may be altered or expanded. The extension of a nonconforming use to a portion of a structure which was arranged or designed for the nonconforming use at the time this ordinance becomes effective is not an expansion of a nonconforming use. A nonconforming structure which conforms with respect to use may be altered or expanded if the alteration or expansion does not cause the structure to deviate further from the standards of this ordinance. V-3 ---PAGE BREAK--- 2. A nonconforming use is discontinued for a period of six consecutive months further use of the property shall conform to this ordinance. 3. A nonconforming use if changed to a conforming use may not thereafter be changed back to a nonconforming use. 4. A nonconforming use may be changed with approval of the Board of Adjustment to another nonconforming use of the same or of a more restricted nature. 5. Nothing contained in this regulation shall require any change in the plans, construction, alteration, or designated use of a structure upon which construction has commenced prior to the effective date of this ordinance. If the designated use will be nonconforming, it shall be in operation within two years from the effective date of this ordinance; otherwise future use of the property shall be in conformance with the zoning district in which the property is located. Construction plans for a building or structure filed with the Building Codes Administrator prior to effective date of this ordnance shall constitute a permit for construction. Such construction shall, however, be commenced within sixty (60) days and completed within two years from the effective date of this ordinance. 6. Normal repairs and alterations may be made to a lawful nonconforming building, provided that no structural alterations shall be made, except those required by law. No existing nonconforming structure designed, arranged, intended for, or devoted to, a use not permitted under this ordinance for the district in which said building is located shall be enlarged, extended, reconstructed, structurally altered, or moved unless such use is changed to a use permitted under the regulations specified by this ordinance for the district in which said building is located; and provided, further, that nothing this ordinance shall be deemed to prevent the strengthening or restoring to as safe condition of any building or part thereof declared to be unsafe and ordered to be strengthened or restored to a safe condition, unless such building has been destroyed by an extent exceeding seventy-five (75) per cent of full value, as determined by consideration of the assessed value referred to above. V-4 ---PAGE BREAK--- 7. When a building or other structure containing a nonconforming use is damaged by fire or by any other cause so that the cost of renewal of the damaged parts exceed seventy-five (75) per cent of the cost of the replacement of the entire building (exclusive of foundations) using new materials, then such building shall not be rebuilt unless the building and its construction and uses conform fully to this ordinance and other codes of the county as applied to new buildings and structures and to uses for the district in which it is located. The determination of whether a building is destroyed to the extent described above shall rest with the Board of Adjustment. 5.10:4 Schedule of Continuance: Nonconforming "Open" Land Uses The two alternatives provided to meet compliance with nonconforming "open" land uses are: 1. The use of land (not having buildings thereon) which does not conform to the use provisions of the ordinance, and becomes nonconforming by reason of subsequent amendments shall be discontinued within five years from the effective date of this ordinance, amendments thereto, or 2. All uses of land for outdoor work or storage purposes, which after the adoption of this ordinance or amendments thereto exist as nonconforming use, be completely enclosed within a view-obscuring fence approved by the Board of Adjustment. Such fence shall be of a sufficient height so that the fence and supplemental land screening will at all seasons of the year completely screen all operations of such establishments from view from adjacent land and buildings. 5.11 Unlawful Uses Not Authorized: Special Exceptions Nothing in this ordinance shall be interpreted as authorization for, or approval of, the continuance of, nor the allowing of a special permit, exception or variance for the use of a structure or premises in violation of the zoning regulations in effect at the time of the effective date of this ordinance. V-5 ---PAGE BREAK--- 5.12 Permits It shall be the duty of the Director of Planning to see that this ordinance is enforces through the proper legal channels. No permit shall be approved for the construction or alteration of any building or part thereof unless the plans, specifications and intended use of such building conform in all respects with the provisions of this ordinance. 5.13 Hearings Examiner Pursuant to Chapter 36.70 RCW the Board may establish a Hearings Examiner position under this section and adopt standards for implementation of the position. 5.14 Reapplication Once the Board of County Commissioners or Board of Adjustment has denied any particular zone change, conditional use permit, variance or any other permit application or proposal, that proposal or any similar to it may not be resubmitted for review and action for a period of six months from the date of denial. 5.15 Powers and Duties of the Administrator 5.15:1 General The Director of Planning, as Administrator of this ordinance, is authorized and directed to enforce all the provisions of the ordinance. V-6 ---PAGE BREAK--- 5.15:2 Right of Entry Whenever necessary to make an inspection to enforce any of the provisions of this ordinance, the administrator or the administrator's authorized representative may enter such property and/or premises at all reasonable times to inspect the same or to perform any duty imposed upon the administrator by this ordinance; provided that is such property or premises be occupied, the administrator shall first present proper credentials and demand entry; and if such property or premises be unoccupied, the administrator shall first make a reasonable effort to locate the owner or other persons having charge or control of the property or premises and demand entry. If such entry is refused, the administrator or the administrator's authorized representative shall have recourse to every remedy provided by law to secure entry. 5.15:3 Liability The administrator, or any employee charged with the enforcement of this ordinance, acting in good faith and without malice for the county in the discharge of his duties, shall not thereby render himself liable personally and the administrator is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result or any act required or by reason of any act or omission in the discharge of his duties. Any suit brought against the administrator, or employee because of such act or omission performed by him in the enforcement of any provisions of this ordinance, shall be defended by the legal department of the county until final termination of the proceedings. 5.15:4 Cooperation of Other Officials The administrator may request, and shall receive so far as may be necessary in the discharge of his duties, the assistance and cooperation of other officials of the county. 5.16 Projects Estimated to Exceed One Million Dollars in Value For certain applications and permits provided for and required by county planning documents, the following will apply: 1. For any project estimated to exceed one million dollars in value, the applicant will be billed for V-7 ---PAGE BREAK--- the county’s actual costs including staff costs and the fees of consultants employed by the county for purposes of evaluating the application and advising the county. 2. Within thirty days of the filing of the application, the county shall provide the applicant with an estimate of the costs of initial review, which amount must be paid in order for the application to be deemed complete. Additional billings for actual costs must be paid within thirty days of receipt and prior to the commencement of construction. (Ordinance 020695). V-8 ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- SECTION 9: VIOLATIONS AND PENALTIES (Amended 06/02/15; Ordinance No. O060215) Any person violating the provisions of this chapter is subject to penalty pursuant to Klickitat County Code Chapter 1.20, Chapter 15.38 and/or any other provisions of the County Code addressing enforcement. Further, violation of this title is declared unlawful and a public nuisance. Actions against such nuisances may be brought by the owner or owners of land lying within the County or by residents of the County; or the Prosecuting Attorney may commence actions(s) or proceedings(s) to obtain such relief as will abate or remove buildings, structures, or uses or will restrain any person from setting up, erecting, building, moving, or maintaining any such building or structure, or using any property contrary to the provisions of County Ordinances and Resolutions. IX-1 ---PAGE BREAK--- SECTION 10: DEFINITIONS 10.1 General Definitions For the purpose of this ordinance certain terms are herewith defined. When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural, and words in the plural number include the singular; the word "person" may be taken for persons, association, firm, co-partnership or corporation; the word "structure" includes building; the word "occupied" includes premises designed or intended to be occupied; the word "used" includes designed or intended to be uses; and the word "shall" is always mandatory and not merely directive. 10.2 Specific Definitions Accessory Use of Structure is one which is subordinate to the principal use of a building on the lot serving a purpose customarily incidental to the principal use of a building. Agriculture, Agriculture Use. The use of the land for crop and tree farming; the raising of livestock, poultry, fur-bearing animals or honeybees; the tilling of the soil; the raising of field and tree crop including agriculture, horticulture, floriculture, silviculture, viticulture, nurseries and greenhouses, and the necessary uses for agriculture activity. Agriculture includes the preparation and storage of the products raised on such land for man's use and animal use and disposal by marketing or otherwise. Agriculture use shall not include auction yards, slaughter houses or rendering plants. Alley: A public right-of-way not over thirty (30) feet wide which affords, generally, a secondary means of access to abutting lots, not intended for general use. Apartment House: A building or portion thereof used or intended to be used as a home with three or more families or householders living independently of each other. Basement: A portion of a building included between a floor with its level two feet or more below the level from which the height of the building is measured and the ceiling next above said floor. X-1 ---PAGE BREAK--- Billboard: An outdoor advertising sign, being any structure or portion thereof, situated on private premises, upon which lettered or pictured material is displayed for advertising purposes, other than the name and occupation of the use, or the nature of the business conducted on such premises or the products primarily sold or manufactured thereon. Board: The Board of County Commissioners. Building: Any structure, permanent, mobile, demountable or movable built or used for the support, shelter, or enclosure of any persons, animals, goods, equipment, or chattels and property of any kind. Building Lane: A line established by this ordinance to govern the placement of buildings with respect to highways, streets and alleys. The front property line shall be the front line as shown upon official plats of the property in all subdivisions platted. In all other cases the front line shall be according to the comprehensive plan or the determination of the Director of Planning. Bulk Plant: An establishment where flammable liquids are received by tank vessel, pipelines, tank car, or tank vehicle, and are stored or blended in bulk for the purpose of distributing such liquids by tank vessel, pipeline, tank care, tank vehicles or container. Campground: An area where facilities are provided to accommodate the temporary use of tents, campers, recreational trailers, or motor homes by the traveling public. For the purposes of this definition, "temporary" means that each visitation within a campground shall not exceed fifteen (15) days. Cemetery: Land dedicated for burial purposes, including mortuary, crematory, mausoleum, and columbarium, when operated within the boundary of the cemetery. Clinic: A building or portion of a building containing offices and facilities for providing medical, dental or services for out-patients only. Comprehensive Plan: "Comprehensive Plan" refers to the plans, maps, and reports which have been adopted by the board in accordance with state law. X-2 ---PAGE BREAK--- Conditional Use: An activity specified by this ordinance as a conditional use or exception, permitted when authorized by the board of adjustment and subject to the imposition of reasonable conditions and/or restrictions which, when imposed, renders the use compatible with the existing and potential uses in the vicinity which are permitted outright. (Amended 1/27/86 Ordinance No. 0 012786) Density Provisions: Requirements for each land use district to encourage, protect and preserve the health, safety and general welfare of the area, through standards which include yards, height, bulk, lot area, lot coverage and occupancy limitations. Designated Manufactured Home: A manufactured home constructed after June 15, 1976, in accordance with state and federal requirements for manufactured homes, which: a. Is comprised of at least two fully enclosed parallel sections each of not less than twelve feet wide by thirty-six feet long; b. Was originally constructed with and now has composition or wood shake or shingle, coated metal, or similar roof of nominal 3:12 pitch; and c. Has exterior siding similar in appearance to siding materials commonly used on conventional site-built uniform building code single-family residences. (Amended 6/28/05 Ordinance No. O062805) Director of Planning: The person designated by the Board of County Commissioners who is charged with the responsibility of administering the zoning ordinance in terms of the comprehensive plan and in accordance with the decisions of the planning commission and board of adjustment, and the board of county commissioners. District or Zone: A section or district of the county within which the standards governing the use of buildings and premises are uniform. Dwelling: Any structure designed and intended to be used for year-round habitation, including site-built homes (“stick-build” homes), modular homes, and designated manufactured homes with a combination of housekeeping and cooking facilities. (Amended 6/28/05 Ordinance No. O062805) X-3 ---PAGE BREAK--- Dwelling Group: A "dwelling group" shall consist of three or more detached dwelling structures located on the same lot. Exception: A use permitted only after review of an application therefore by the Board of Adjustment, rather than administrative officials. Family: A person living alone, or two or more persons customarily living together as a single household or housekeeping unit and using common cooking facilities, as distinguished from a group occupying a hotel, club, board or lodging house. Farm, Farm Use: The current employment of land for the purpose of obtaining a profit in money by raising, harvesting, and selling crops or by the feeding, breeding, management and sale of, or the produce of, livestock, poultry, fur-bearing animals or honeybees or for dairying and the sale of dairy products or any other agricultural or horticultural use or animal husbandry or any combination thereof. Farm use includes the preparation and storage of the products raised on such land for man's use and animal use and disposal by marketing or otherwise. It does not include the use of land for commercial forestry and to the construction and use of dwellings and other buildings provided in conjunction with farm use. Except as limited by the paragraph on "current employment", of this subsection, farm use land shall not be regarded as being used for the purpose of obtaining a profit in money if the whole parcel has not produced a gross income from farm uses of five hundred (500.00) dollars per year for three of the five calendar years immediately preceding the assessment day of the tax year for which farm use is claimed by the owner or allowed by the assessor, notwithstanding that such land is included within the boundaries of a farm use zone. In case of question, the burden of proving the gross income of a parcel of land for the years designated in this paragraph is placed upon the owner of the land. X-4 ---PAGE BREAK--- "Current employment" of the land for farm use includes land subject to the soil bank provisions of the Federal Agricultural Act of 1956, as amended (P.L. 4- 540, 70 Stat. 188); land lying fallow for one year as a normal and regular requirement of good agricultural husbandry; land planted in orchards or other perennials prior to maturity for bearing crops; and farm woodlots of less than twenty (20) acres appurtenant to farm use land which fulfills the requirements of the paragraph on gross income of this subsection. The acres of land within the categories described in this paragraph shall not be subject to the requirements of the paragraph on gross income of this subsection. Floor-Area-Ratio: The ratio of usable floor area of a structure to the total area of the lot or land area occupied by such structure. Floor Area: The total interior dimensions of a building. Flood: A temporary rise in stream flow or stage that results in water overtopping its banks and inundating areas adjacent to the channel. Flood Plain: The land adjacent to a body of water which has been or may be hereafter covered by flood. General Store: An establishment located in a rural community and primarily engaged in the retail sale of a general line of merchandise of which the most important line is food, and the more important subsidiary lines are notions, apparel, farm supplies, and gasoline. Home Occupation: A use customarily carried on within a dwelling by the inhabitants thereof which use is incidental to the residential use, and not primarily considered as a business. Hazardous Waste: All dangerous and extremely hazardous waste as defined in RCW 70.105.010(15), except for moderate risk waste as set forth in RCW 70.105.010(17). Hazardous Waste Storage: The holding of hazardous waste for a temporary period, as regulated by the State Dangerous Waste Regulations, Chapter 173-393 WAC. X-5 ---PAGE BREAK--- Hazardous Waste Treatment: The physical, chemical or biological processing of hazardous waste for the purpose of rendering these wastes nondangerous or less dangerous, safer for transport, amendable for energy or material resource recover, amendable for storage, or reduced in volume, as regulated by the State Dangerous Waste Regulations, Chapter 173-303 WAC. Hotel: A building in which lodging is provided and offered to the public for compensation and which is open to transient guests. Junk Yard: A place where waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including house wrecking yards, used-lumber yards, and yards for use of salvaged house wrecking and structural steel materials and equipment. Kennel: A business conducted for the purpose of board and/or sale of dogs and cats. Lot: A parcel of land under one ownership used or capable of being used under the regulations of this ordinance, including both the building site and all required yards and other open spaces. Lot Coverage: That portion of a lot that is occupied by the principal building and its accessory buildings, expressed as a percentage of the total lot area. It shall include all projections except eaves. Lot Depth: The horizontal distance between the front and rear lot lines. Lot Width: The distance between side lot lines measured at the front yard building line; in case of irregular shaped lots, the lot shall be measured at a point midway between the front and rear lot lines. Major Thoroughfares: Primary and secondary arterials and state highways as shown on the comprehensive plan. Mobile Home: Factory-built dwellings built prior to June 15, 1976, and all manufactured homes constructed to Department of Housing and Urban Development standards but not including “designated manufactured home”. (Amended 6/28/05 Ordinance No. O062805) Mobile Home Park: Any property used for the accommodation of more than two inhabited trailer or mobile home coaches. X-6 ---PAGE BREAK--- Multiple Family Residences: A building arranged to be occupied by more than two families. Net Area: The total usable area exclusive of space dedicated to such things as streets, easements, and use out of character with the principal uses. Nonconforming Use: A use or an activity involving a building or land occupied or in existence at the effective date of this ordinance or at the time of any amendments thereto which does not conform to the standards of the zoning district in which located. Off-Street Parking Space: A permanently surfaced area not situated within a public right-of-way for the parking of a motor vehicle. Offsite Hazardous Waste Treatment and Storage Facility: Treatment and storage facilities which treat and store hazardous waste generated on properties other than those in which the offsite facilities are located. Onsite Hazardous Waste Treatment and Storage Facility: Treatment and storage facilities which treat and store hazardous wastes generated from the same property. Outdoor Light Fixtures: Include but are not limited to lighting for billboards, street lights, shopping center parking area lights, externally or internally illuminated on site of business advertising signs and area-type lighting. Premises: The lot or parcel that a building is located on. (Adopted 3/11/96; Ordinance No. 0031196) Principal Uses Permitted Outright: Uses allowed as a matter of right within certain land use districts without public hearing, zoning permit, conditional exception, or variance; provided that such use is in accordance with requirements of a particular district and general conditions stated elsewhere in the ordinance. Prohibited Uses: Any use which is not specifically enumerated or interpreted as allowable in that district. Service Station: A retail establishment for the sale on the premises of motor vehicle fuel and other petroleum and automobile accessories, and for the washing, lubrication, and minor repair of automotive vehicles. X-7 ---PAGE BREAK--- Sign: Any device which identifies, describes, illustrates, or otherwise directs attention to a product, place, activity, person, institution or business, and which is affixed to a building, structure or the land. Each display surface of a sign shall be considered a separate sign. Story: That portion of a building included between the surface of any floor and the surface of the floor next above it, and if there be no floor above it, then the space between such floor and the ceiling next above it. First story means any floor not over four and one-half (4½) feet above the established grade, or if set back, above average ground level at front line of the building. Story-half: A space under a sloping rook which has the line of intersection of roof decking and wall face not more than four feet above the top floor level. A half-story containing independence apartments or living quarters shall be counted as full story. Structure: Anything constructed or erected, and having a fixed base or a fixed connection to the ground or another structure. Use: An activity or purpose for which land or premises or a building thereon is designed, arranged, or intended, or for which it is occupied or maintained, let or leased. Variance: A modification of the regulations of this ordinance when authorized by the Board of Adjustment after finding that the literal application of the provision of this ordinance would cause undue and unnecessary hardship in view of certain facts and conditions applying to a specific parcel of property. Proper use of the variance is to relieve specific land parcels of restrictions which serve no public purpose and thus unnecessarily burden the parcel because of its unique characteristics. Variances shall only be applicable to dimensional requirements of a zone. Variances shall not be applicable to use requirements of a zone and applications for such variances shall not be accepted for filing. (Amended 1/17/86, Ordinance No. o- 012786) Vicinity: The area surrounding a use in which such use produces a discernable influence by aesthetic appearance, traffic, noise, glare, smoke, or similar influences. X-8 ---PAGE BREAK--- Wrecking Yard: Premises used for the storage or sale of new or used automobile parts, or for the storage, dismantling, or abandonment of junk, obsolete automobiles, trailers, truck machinery, and parts thereof. Yards: Land unoccupied or unobstructed, from the ground upward, except for such encroachments as may be permitted by this ordinance surrounding a building site. Yard, Front: An open space, other than the court, on the same lot with the building, between the front line of the building (exclusive of steps) and the front property line. Yard, Rear: An open space on the same line with the building, between the rear line of the building (exclusive of steps, porches and accessory buildings) and the rear line of the lot. Yard, Side: An open space on the same lot with the building between the side wall line of the building and the side line of the lot. Zoning: The regulation of the use of private lands or the manner of construction related thereto in the interest of achieving a comprehensive plan of development. Such regulation shall also govern those public and quasi-public land use and buildings which provide for the proprietary type service for the community's benefit as contrasted with governmental activities. Governmental activities are encouraged to cooperate under these regulations to secure harmonious development. Zoning Lot: A tract of land occupied or to be occupied by a principal building and its accessory facilities, together with such open spaces and yards as are required under the provisions of this ordinance, having not less than the minimum area required by this ordinance for a zoning purpose in the district in which such land is situated, and having its principal frontage on a public street of standard width. A "zoning lot" which refers to land designated as a separate and distinct parcel on a legally recorded subdivision plat or in a legally recorded deed filed in the records of the county. Zone Transition Lot: A parcel of land abutting a district boundary where the district boundary is not a street upon which more restrictive standards are affixed. The width of such parcel shall be the width of the lot, if platted, but not to exceed one hundred (100) feet in any distance. X-9 ---PAGE BREAK--- ---PAGE BREAK---