Chapter 11.30 COMMERCIAL AGRICULTURAL LANDS (AC)

Chapter 11.30
COMMERCIAL AGRICULTURAL LANDS (AC)

Sections:

11.30.010 Permitted, accessory and conditional uses.

Permitted, accessory and conditional uses in this district shall be as identified in Chapter 11.04, District Use Chart, of this title. Said uses shall be allowed, as indicated in the district use chart, only after the provisions of this chapter and all other applicable provisions of the Chelan County Code are met. (Res. 2007-98 (part), 7/2/07: Res. 2006-74 (part), 6/6/06; Res. 2005-66 (part), 6/28/05; Res. 2002-8 (part), 1/15/02: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.30.020 Standards.

All development in this zone shall meet the applicable provisions of the Chelan County Code, including without limitation the following:

(1) Minimum lot size: ten acres, which measures to the centerline of adjoining public rights-of-way, which may be modified one time for:

(A) Cluster subdivisions and planned developments; or

(B) Fractional lot, no less than fifty percent of the minimum area of the district, within a major or minor plat; or

(D) Lot size reduction for existing dwellings, under the criteria listed in subsection (10) of this section.

(2) Minimum lot width: one hundred fifty feet at the front building line.

(3) Maximum building height: thirty-five feet, except as provided for in Section 11.88.170.

(4) Maximum Lot Coverage. Buildings and structures shall not occupy more than thirty-five percent of the lot area.

(5) Minimum Setback Distances. Minimum setback requirements shall be as provided in this section except when abutting commercial agricultural lands (AC), riparian and shoreline areas, or as modified by the provisions of this title:

(A) Front yard: twenty-five feet from the front property line or fifty-five feet from the street centerline, whichever is greater.

(B) Rear yard: twenty feet from the rear property line.

(C) Side yard: ten feet from the side property line. On corner lots the street side yard shall be a minimum of twenty-five feet from the property line or fifty-five feet from the street centerline, whichever is greater.

(6) Setbacks from Agriculture. No new dwelling unit shall be placed within one hundred feet of a property zoned as commercial agricultural lands (AC).

(A) Measurement. The entire width of any public right-of-way may be used as part of the setback area. In no case shall the setback from a public right-of-way be less than fifty-five feet from centerline or twenty-five feet from the front property line, whichever is greater. See Graphic G-2 in Appendix A.

(B) Administrative Modifications. The granting of a modification request must be necessary for the reasonable use of the land or building and the modification as granted by the administrator shall be the minimum necessary to accomplish this purpose. The decision of the administrator shall be appealable to the Chelan County hearing examiner.

(i) For lots/parcels legally created prior to the effective date of these provisions (September 9, 1997) the administrator may modify the required setback from land in agricultural use up to twenty percent.

(C) Waivers. Agricultural setbacks for dwelling units may be waived on an existing parcel within or adjacent to the commercial agricultural zoning district when a written waiver, signed by both the subject property owner and the adjacent property owner, is notarized, reviewed and approved by the department and recorded with the Chelan County auditor’s office (resulting in a notice to title). Where such a waiver is implemented, the setbacks identified within this chapter shall be utilized as the minimum standards.

(i) Where a waiver has been granted, enlargement of the dwelling or request for additional dwellings, within the one-hundred-foot setback, shall require a new waiver, consistent with subsection (6)(C) of this section.

(D) Existing Dwellings. For existing dwelling units, not placed with a waiver, the setback shall be defined by the exiting dwelling.

(7) Off-street parking requirements in this district shall be as follows:

(A) Two spaces per single-family dwelling unit;

(B) Other off-street parking and loading shall be provided as prescribed in Chapter 11.90 of this title.

(8) Landscape standards shall be provided as prescribed in Chapter 15.50 of Title 15, Development Standards, as amended.

(9) Chelan County requires that all plats, short plats, binding site plans, development permits, and building permits issued for development activities within five hundred feet of land designated as agricultural, forest, or mineral resource lands contain a notice that the subject property is within or near designated long-term commercial lands on which a variety of commercial activities may occur that are not compatible with residential development for certain periods of limited duration.

(10) Lot Size Reduction for Existing Dwellings. The owner of land with agricultural uses may segregate, one time only, the property into one additional lot subject to the following criteria:

(A) The initial parcel shall be a minimum of five acres prior to any segregation.

(B) When proposed lot size is the minimum necessary to incorporate legally constructed dwellings and accessory uses, on lots recorded prior to September 9, 1997. This provision does not apply to accessory dwelling units, dependent care housing or farm worker housing.

(D) The lot size meets the provisions of the Chelan-Douglas health district.

(E) Division is completed through a short subdivision process in Title 12.

(11) Additional Public Notice Provisions. Upon receipt of an application for all plats, short plats, conditional use permits, variances and similar land use applications, the county shall provide notice of the application to adjacent property owners and all owners of property located within one thousand feet of the proposed subdivision or development per the provisions of Section 14.08.050.

(12) All applications related to the following types of land uses shall meet with the agricultural review committee (ARC) to review proposed projects, identify possible impacts, outline possible mitigation measures, and make a formal recommendation to Chelan County staff prior to rendering a decision on the application or setting a public hearing. ARC review and recommendation shall be based on the agricultural good neighbor practices adopted by the Chelan County board of county commissioners, Chapter 10.30. All recommendations are for the consideration and final determination of the decision-making body.

(A) Food service associated with a use or activity allowed pursuant to this chapter are those services which are incidental or accessory to a permitted use or value-added food items produced from agricultural products grown on the applicant’s farm and may include sales of ancillary prepackaged foods or beverages that are not prepared on the premises for on-site consumption.

(B) Education services located on a farm shall be a subordinate element of the operation of an ongoing agricultural activity as defined by RCW 84.34.020(2).

(C) Ancillary entertainment/special events, including weddings/receptions, catered functions and musical events, shall be consistent with the character of permitted activities and uses.

(D) Accessory uses which support, promote, or sustain agricultural operations and production as a secondary, subordinate, and/or supplemental element of the operation of an ongoing agricultural activity as defined by RCW 84.34.020(2). Accessory commercial or retail uses shall predominantly sell regionally produced agricultural products from one or more producers, products derived from regional agricultural production, agriculturally related experiences, or products produced on site. Accessory commercial retail uses shall offer for sale products or services produced on site. (Res. 2018-8 (Att. A) (part), 1/30/18; Res. 2017-119 (Att. B) (part), 12/19/17; Res. 2015-73 (Atts. A, B) (part), 8/4/15; Res. 2011-86 (Att. A) (part), 10/4/11: Res. 2009-122 (Exh. A) (part), 11/3/09; Res. 2008-141 (part), 10/7/08; Res. 2008-13 (part), 2/5/08; Res. 2007-98 (part), 7/2/07: Res. 2006-74 (part), 6/6/06; Res. 2001-60 (part), 4/17/01; Res. 2000-129 (part), 10/17/00).