Chapter 17.76
GENERAL STANDARDS
Sections:
17.76.020 General requirements.
17.76.030 Building height measurement.
17.76.050 Animals/livestock for personal use.
17.76.060 Accessory dwellings.
17.76.070 Residential performance standards.
17.76.100 Clear view triangle.
17.76.120 Development and control plan.
17.76.150 Pit area rehabilitation.
17.76.170 Family farm support divisions.
17.76.180 Cluster developments.
17.76.010 Purpose.
The purpose of the general regulations is to provide a concise reference to requirements that are common to many different zoning districts, thereby providing a more efficient utilization of this title. (Ord. O-01-05 § 2 (part))
17.76.020 General requirements.
In order to provide for orderly development and to ensure the public health, safety, and welfare of the community, any land use activity, buildings or structures shall not be erected, moved or utilized on any lot, tract or parcel of land, except in compliance with this chapter and other applicable ordinances. (Ord. O-01-05 § 2 (part))
17.76.030 Building height measurement.
A. Any building or structure or portion thereof hereafter erected in any use district shall not exceed the maximum height specified in the district, except as provided in subsection B of this section, or as enumerated elsewhere in this title.
B. The following types of structures or structural parts are not subject to the building height limitation of this title: aerials, belfries, chimneys, church spires, cupolas, domes, fire and hose towers, flagpoles, grain elevators, monuments, radio or television antennas, communication towers and associated antennas, water towers, windmills and other similar projections. (Ord. O-01-05 § 2 (part))
17.76.040 Swimming pools.
Above- and below-ground swimming pools are subject to the required yard and setback requirements of the underlying district and shall be enclosed by a solid or woven wire fence at least forty-two inches high with a locking entry gate. (Ord. O-01-05 § 2 (part))
17.76.050 Animals/livestock for personal use.
Within the residential and rural residential zones the following minimum standards shall apply:
A. The overall property ownership shall be at least two contiguous acres in size or greater.
B. Barns, shelters or other buildings for the keeping or feeding of animals/livestock shall be fifty feet from any property lines and at least two hundred feet from the nearest existing dwelling other than the dwelling of the owner. Animal runs and fences may be located up to the property lines;
C. Not more than three animals per acre are permitted for property ownerships between two acres and four and one-half acres (an animal unit is one cow or one horse or animal unit equivalents of smaller animals).
D. Livestock and poultry in any number for property ownerships is at least four and one-half acres. (Ord. O-01-05 § 2 (part))
17.76.060 Accessory dwellings.
Where allowed by the district use chart in Chapter 17.08, accessory dwellings shall meet the following minimum standards:
A. Accessory dwellings shall be limited to a minimum of eight hundred forty square feet in floor area and must connect, whenever feasible, to the utilities (water, power and sewer) of the primary single-family dwelling.
B. All other applicable provisions of the zoning district and general regulations shall apply to the accessory dwelling, including without limitation minimum floor area, setbacks, lot coverage, etc.
C. Mobile homes as defined in Section 17.04.605 will not be allowed as accessory dwelling units.
D. There shall not be more than one accessory dwelling located on a lot in addition to the primary single-family residence, and for the purposes of calculating residential density, shall not count as a dwelling unit. (Ord. O-01-07 § 8; Ord. O-01-05 § 2 (part))
17.76.070 Residential performance standards.
All residential dwellings shall meet the following provisions as a minimum standard. Manufactured home, designated (“Designated manufactured home”) as defined in Section 17.04.580 is included in these provisions. Manufactured/mobile home placements in approved manufactured/mobile home parks are excluded from these provisions.
A. Width. The minimum width of the main body of the home, as assembled on the site, shall not be less than fourteen feet as originally designed and constructed, and as measured across the narrowest portion, except in the R-1 district that distance shall be twenty-four feet as originally designed and constructed.
B. Siding Materials. Siding materials shall be wood, masonite, masonry, stucco, vinyl, or other comparable materials. The exterior siding material shall extend to the top of the foundation or skirting.
C. Foundation. Manufactured homes shall have a foundation or skirting that is similar in appearance to the foundations of site-built housing. (Ord. O-01-07 § 9: Ord. O-01-05 § 2 (part))
17.76.080 Storage.
A. General. All permitted storage shall be considered accessory. Storage of materials shall be located entirely within an enclosed building or shall be screened from view of the surrounding properties with a sight-obscuring fence and/or landscaping, except as otherwise required by this title.
1. No storage of materials shall be located within any required front yard.
2. Storage of scrap lumber, metals, glass and other material sold or offered for sale is prohibited within residential classifications.
3. No premises shall be used as a storage area for any purpose other than the storage of materials or equipment used in connection with a permitted use.
4. Mobile homes shall not be used as accessory storage structures.
B. Recreational Vehicles. Off-street storage or off-street parking areas shall be provided for all recreational vehicles, including, without limitation, boats, motor homes, travel trailers, or similar type recreational vehicles.
1. The storage of recreational vehicles shall be prohibited within a required front yard in a residential district or on the public right-of-way.
2. No more than a total of five cars, trucks, boats and recreational vehicles per dwelling may be located outside of an enclosed building on any lot in the residential zones.
C. Refuse Storage. All outdoor trash, garbage and refuse storage areas associated with multifamily, commercial, public and/or industrial uses shall be screened on all sides from public view and at a minimum, be enclosed with a five-and-one-half-foot-high wood, concrete or masonry wall, or sight-obscuring fence and landscaping on all sides.
1. Refuse storage shall be prohibited within a required front yard and within required rear or side yards when adjacent to a residential district.
2. Refuse storage areas shall be designed in accordance with the overall architectural theme of the associated building or structure. Single-family and duplex dwellings shall be exempt from this provision.
D. It is unlawful and a violation of this title for the owner of any premises in the county, the owner’s agent, or the occupant of any premises in the county to store, keep or accumulate junk and/or junk vehicles on such property, or to allow anyone else to store, keep or accumulate junk and/or junk vehicles on such property. The storage of farming-related equipment in the agricultural zones is excluded from these provisions. (Ord. O-01-05 § 2 (part))
17.76.090 Off-street parking.
A. Off-street parking as required by this title shall be provided when:
1. A new principal building is constructed;
2. A principal building is relocated; and
3. The use or building is changed or expanded to the extent that the number of required parking spaces is increased by fifteen percent.
B. In determining the gross area required for off-street parking spaces, two hundred and fifty square feet shall be required for each off-street parking space. The gross area shall include area required for driveways. The net area required for each off-street parking area shall be determined on the basis of two hundred square feet. Area required for off-street parking may be figured on a gross or net basis, but if the net area basis is used, driveways cannot be included as off-street parking, and driveways shall be designated and kept free from all structures.
C. All required parking spaces shall remain open and accessible for parking during the hours the use is open to the public or residents.
D. Off-street parking shall be provided based on the following requirements:
1. Dwelling unit: one space for each dwelling unit;
2. Agricultural industrial uses: one space for each employee plus one additional space for each company-owned vehicle;
3. Auction yards must provide sufficient off-street parking space to accommodate all vehicles of those attending auctions, off the public right-of-way;
4. Airfield parking must be sufficient to accommodate all parked vehicles off the public right-of-way;
5. Convalescent and retirement homes: one space for each three beds;
6. Hotels or motels: one space for each unit or room;
7. Public assembly: one space for each six seats and one for every employee;
8. Medical or dental clinics: four spaces for each doctor or dentist;
9. Retail commercial buildings: one off-street parking space for each employee and each company-owned or operated vehicle. Not less than four customer parking spaces;
10. Industrial buildings: one off-street parking space for each three employees of the largest shift and one off-street parking space for each company-owned vehicle. Not less than four customer parking spaces;
11. Wholesale warehouse and office: one off-street parking space for each employee and each company-owned or operated vehicle. Not less than four customer parking spaces;
12. Buildings exempt from property tax: one space for each four people accommodated by the building, except for those used as a residence, in which case one space for each dwelling unit;
13. Outdoor or other recreational uses: sufficient space so that all vehicles are accommodated in off-street parking and off the public right-of-way. This includes parking space for boats, luggage and camping trailers and all other parked vehicles.
E. Cooperative arrangements may be made among two or more establishments to provide off-street parking.
F. Where lighting is done the lights shall not glare or reflect into adjoining areas which permit residential uses.
G. Where off-street parking abuts residential zones, a fence, wall or ornamented screening hedge will be built and maintained by the owner of the off-street parking area.
H. All retail commercial, offices, personal service, health care, community facilities, multifamily buildings with dwelling units for rent and other places of public accommodation which are subject to these parking regulations shall provide barrier-free spaces as required by the Federal Americans with Disabilities Act and state of Washington barrier-free parking standards.
I. Improvement of Parking Spaces. Any off-street parking in the commercial, industrial and public use zone districts for ten or more vehicles shall be developed in accordance with the following requirements:
1. Off-street parking facilities shall be surfaced with a concrete, asphalt/concrete or similar surface approved by the county, and shall include a drainage system to dispose of surface water, and shall be maintained in a condition free of weeds, dust, trash, and debris, and shall be landscaped;
2. If the parking area is located adjacent to residentially zoned property, illumination of all street parking facilities shall be so arranged as to deflect light away from adjoining residential premises. (Ord. O-01-05 § 2 (part))
17.76.100 Clear view triangle.
A. The fencing and planting standards in the residential zone shall be sight-obscuring fencing and plantings along the front property line and extending rearward from the front property line for a distance of thirty feet, and along street-bordered side yards, and shall not be in excess of thirty inches high.
B. No fence or hedge over thirty-six inches in height may be erected within the front yard of any lot used for residential purposes. No fence shall exceed a height of six feet without a special permit from the board of adjustment. (Ord. O-01-05 § 2 (part))
17.76.110 Sign standards.
A. Off-premises signs (billboards), and signs within the commercial and industrial districts shall comply with the following standards:
1. Maximum area per sign of four hundred fifty square feet;
2. Maximum height above ground of thirty-five feet;
3. Light control to exclude directed light or bright glare onto streets in such a manner as to be a traffic hazard;
4. No signs placed on public rights-of-way;
5. No sign structures or parts to extend over any part of street traffic ways, including curbside parking;
6. One sign may be permitted as a freestanding structure to identify each establishment or place of business;
7. All signs and sign structures shall be of permanent-type construction conforming to the building code of the county;
8. Plans for such signs and their proposed location shall be submitted as a part of the development permit;
9. The location and structural design of freestanding signs shall be such as not to interfere with the safe and efficient use of off-street parking and loading areas including aisleways and access driveways thereto, or with public roads within or adjoining the restricted commercial zone;
10. Any illuminated sign which does not maintain, when in operation or use, a stationary light of constant intensity and color shall be prohibited.
B. Within the agricultural and residential zones, off-premises signs (billboards) and other advertising displays or structures, except as they identify home occupations, home industries, permitted and conditional uses, are prohibited. Identification signs and advertising must be on the buildings on the premises or in the vicinity of the use that they identify or advertise. (Ord. O-01-05 § 2 (part))
17.76.120 Development and control plan.
Departments and officials charged by this title with the enforcement thereof shall assure that all access and egress driveway locations, off-street parking and loading areas, screening areas, and other improvements required in the approved development and traffic control plan are indeed established, constructed and maintained. Such administrative procedures may include the requirement that an owner or lessee of property, upon application for a building or occupancy permit, post a good and sufficient bond or surety running to the county in an amount equal to the estimated cost of construction of any improvements required in the approved development permit. Development within the commercial and industrial zones, and for other development as deemed necessary by Adams County, shall require a development and control plan consisting of the following components:
A. Not increase traffic congestion so as to break down the design of the limited-access highway interchange nearest to the proposed restricted commercial zone;
B. Provide for the proper handling of traffic on the county road providing direct access to the proposed restricted commercial zone;
C. Prevent or minimize adverse effects upon adjoining land developed or zoned for residential use. Such development and traffic control plan shall show the use, location and extent of the proposed:
1. Building and other improvements including sign structures;
2. Off-street parking and loading spaces;
3. Access and egress driveway locations;
4. Street dedication and/or widening, if any;
5. Such other information as may be required by the planning commission or the board of county commissioners. (Ord. O-01-05 § 2 (part))
17.76.130 Exterior lighting.
Exterior lighting must be so controlled as to prevent glare on public streets and adjoining property. (Ord. O-01-05 § 2 (part))
17.76.150 Pit area rehabilitation.
Whenever production on any area used as a gravel pit, sand pit, clay pit, or quarry, whether established prior to or after the enactment of this title, shall have been completed, then all plants, buildings, structures (except fences) and equipment shall be entirely removed from such property and all stockpiles shall be removed or backfilled into the pit within one year after such completion; provided, however, that provision of this section shall not apply to any plants, buildings, structures, equipment or stockpiles whenever and so long as any rock and gravel shall be available from other properties for processing by or through such plants, buildings, structures, equipment, or stockpiles. Whenever production shall have been completed, then the owner shall take such measures to rehabilitate the area as deemed reasonable by the county road engineer and planning director as well as those specifically set forth in the land use permit authorizing the pit operation. (Ord. O-01-05 § 2 (part))
17.76.160 Trailers.
Trailers, when used as temporary residences, shall be permitted in a public or semipublic recreation or lake area during the summer months. (Ord. O-01-05 § 2 (part))
17.76.170 Family farm support divisions.
Where allowed by Section 17.08.040, District use chart, family farm support divisions shall meet the following minimum provisions:
A. The maximum number of lots created is two, including the original parent parcel, regardless of the status of that original parent parcel as “exempt” or as a specific lot within boundaries of the subdivision;
B. The minimum lot size for the new lot intended for the family farm support shall be the minimum required by the Adams County health department to address provisions for domestic water and sewage disposal;
C. The maximum lot size for the new lot intended for family farm support is the amount necessary to encompass all of the outbuildings, as well as any amount of the surrounding land that is not currently in active crop or livestock production, or in the Conservation Reserve Program, as confirmed by the Natural Resource Conservation Service (NRCS) local program office;
D. No further family farm support divisions shall occur out of the original parent parcel for a period of ten years;
E. A notarized certification/acknowledgement on the face of the short plat shall indicate which one of the two statements below is appropriate:
1. The purpose is to provide a building site for a dwelling unit for persons who own or manage the farming operation;
2. The purpose is to allow the existing owner to retain the family home and sell, lease or transfer ownership of the farm ground to another individual. (Ord. O-01-05 § 2 (part))
17.76.180 Cluster developments.
Where allowed by Section 17.08.040, District use chart, cluster developments shall meet the following minimum provisions:
A. Cluster developments are processed as either a subdivision or a short subdivision in accordance with the established procedures for those land divisions under RCW Chapter 58.17 and Title 16, Subdivisions, of the Adams County Code and in conformance with all other applicable standards of the Adams County Code.
B. Cluster developments create two types of lots:
1. Individual lots that meet minimum dimensional standards; and
2. The reserve lot that is the portion of a proposed cluster development intended for one or a combination of the following uses: critical area, agriculture, forestry, open space, historic/cultural area, undeveloped area, recreation, and/or other similar use. The reserve lot is included as a lot for the purpose of determining the applicable land division process in accordance with RCW Chapter 58.17.
C. Where cluster developments maximize the allowed density of development of an original parent parcel, further division shall not be allowed until such time as the property is rezoned to permit a higher density, consistent with the comprehensive plan.
D. Where cluster developments do not maximize the allowed density of development of an original parent parcel, further division that would maximize the development will be allowed not more frequently than five years from date of final plat approval.
E. Density. The maximum density permitted for cluster developments is the same as specified for the zoning district.
F. Minimum Lot Sizes:
1. Individual lots within cluster divisions will be the minimum required by the Adams County health department to address provisions for domestic water and sewage disposal.
2. Individual lots must identify an adequate building envelope that accommodates minimum setback requirements of the district.
3. Individual lots shall not exceed a size of three acres unless adjusted to: meet health requirements, follow physical features that act as obstacles to resource production, meet special setbacks or encompass existing improvements.
4. Reserve lots shall be at least the minimum lot size of the zoning district, and in no case less than seventy percent of the original parcel of record for the cluster development.
G. Minimum Development Standards:
1. Lot Configuration:
a. Where practical, the majority of individual lots shall be arranged in a clustered/concentrated pattern to be compatible with physical site features. The arrangement of individual lots is intended to discourage development forms commonly known as linear, straight-line or highway strip patterns.
b. Clustered lots may be located in different areas of the original parcel, provided the number of lots in each cluster is four or more, and all other criteria within this section are met.
2. Road Access.
a. Individual lots should be created in close proximity to existing roads, if possible, to minimize the need for construction of new roads.
b. Access shall be provided to all reserve tracts, unless those tracts are designated for critical areas protection.
3. Reserve Lots.
a. The reserve lots shall be contiguous. Fragmentation of the lot by public or private roads, easements and/or building sites/lots shall not occur unless no other reasonable alternative exists.
b. Any structure used for human habitation shall maintain a setback of one hundred feet as measured horizontally to the boundary of the reserve lot. Other buffering methods may be utilized to reduce the setback as approved by the director and may include berms, landscaping, fencing or a combination thereof. At no time shall the buffer be reduced to less than sixty feet.
c. The reserve lot may be owned by a homeowners’ association, corporation, partnership, land trust, individual or other entity as proposed, reviewed and approved by Adams County.
d. A management plan is required for the reserve lot. The plan shall be submitted and approved with the preliminary application. The plan shall identify permitted uses and management of the reserve lot so that it maintains its designated function and provides for protection of all critical areas. The management plan shall identify responsibility for maintaining the reserve lot. The plan shall also include a description of any construction activities (trails, fencing, recreation, buildings or similar improvements) and vegetation clearing that may occur on-site. All subsequent activities must be conducted in conformance with the approved management plan. Modification of management plans may be approved by the director, provided the original purpose and intent of the reserve lot is maintained.
e. A note shall be placed on the plat and a restrictive covenant shall be recorded clearly stating that the reserve lot will only be used for the intended purpose pursuant to this section. The note and covenant shall also incorporate the management plan, as described above.
f. Structures/buildings shall not be allowed within reserve lots, except as described in the management plan and necessary for associated recreational uses, historic buildings, public facilities or agricultural accessory structures essential to an agricultural use.
4. Infrastructure. All development facilities and infrastructure required pursuant to Adams County Code or other agency requirements shall be located within the interior boundaries of the lots or as otherwise allowed by this section.
5. All property owners of the individual lots in a cluster development shall sign and record with the Adams County auditor’s office a notarized statement, upon purchase, acknowledging the following statement, and shall record it with the county auditor for disclosure in the deed and mortgage records of the subject property:
The subject property is located within or near designated agricultural lands, forest lands or mineral resource lands on which a variety of activities may occur that are not compatible with residential or other type of development for certain periods of limited duration. Such activities may include but are not limited to: noise, dust, smoke, odors and hours of operation resulting from harvesting, planting, fertilizing, pest control and other resource-related activities associated with usual and normal resource management practices which, when performed in accordance with county, state and/or federal law, shall not be subject to legal action as public nuisances.
(Ord. O-01-05 § 2 (part))