Chapter 11.93 CONDITIONAL USE PERMITS

The provisions of this chapter shall apply to all uses listed as conditional uses in Chapter 11.04, District Use Chart. Conditional uses shall be permitted, enlarged or altered only upon approval of the hearing examiner in accordance with the standards and procedures specified in this chapter. Conditional uses are those uses subject to the outright standards contained in this chapter and those additional standards before the hearing examiner. Proposed developments are subject to SEPA review. (Res. 2007-98 (part), 7/2/07: Res. 2002-8 (part), 1/15/02: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.93.020 Purpose.

Conditional uses are those uses that because of their special impact or characteristics can have adverse impacts upon or be incompatible with other uses of land. This impact often cannot be determined in advance of the use being proposed for a specific location. Such uses may be allowed to locate within given districts only through the public hearing process for a conditional use permit. This chapter establishes general and specific development standards for conditional uses and provides for a review process which will evaluate the location, scale and characteristics of said uses and their impact on adjacent properties and the community as a whole. (Res. 2007-98 (part), 7/2/07: Res. 2002-8 (part), 1/15/02: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.93.030 Authorization to grant or deny conditional uses.

The hearing examiner is authorized to approve with the outright conditions stated in this chapter and additional conditions deemed necessary to satisfy the purposes of this chapter, and the review criteria found in Section 11.93.040, a request for a conditional use permit. Any additional requirements obtained from other sections of the Chelan County Code above those specified in this title or modification of the proposal to comply with specified requirements or local conditions are also authorized. The hearing examiner may deny an application for a conditional use permit if the proposal fails to meet the criteria outlined in Section 11.93.040.

When the hearing examiner determines that additional information is necessary to make a decision, action on said application shall be continued until such information is available; provided, that the extension shall not exceed thirty days unless the applicant consents to a longer period. Following the review of the additional information, the hearing examiner shall take action on the application. (Res. 2007-98 (part), 7/2/07: Res. 2002-8 (part), 1/15/02: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.93.040 Conditional use permit criteria.

The development standards of this title shall be used by the applicant in preparing the conditional use permit application and by the hearing examiner in determining the acceptability of permitting a conditional use in a certain location. The applicant has the burden of proving that the proposed use meets the criteria set forth in this chapter. A conditional use permit may be approved only if all of the following review criteria and any special criteria listed in this chapter are met:

(1) All criteria required for a specified use by this chapter can be satisfied.

(2) A finding can be made that the design standards of the zoning district within which the lot is located, critical area regulations, and all other applicable development standards and regulations can be met.

(3) Compatibility with the adjacent uses and the protection of the character of the surrounding area.

(4) Detrimental impacts on the natural environment and productive use of surrounding natural resource lands can be mitigated or avoided.

(5) No conditional use permit shall be issued without a written finding that:

(A) After adequate opportunity for review and comment, all providers of water, sewage disposal, schools, and fire/police protection serving the development have issued a letter that adequate capacity exists or arrangements have been made to provide adequate services for the development.

(B) No county facilities will be reduced below adopted levels of service as a result of the development.

(6) The proposed use shall not result in undue adverse impacts affecting the public health, safety and welfare.

(7) A finding shall be made that adequate provisions have been provided for roads, ingress and egress, stormwater, parking and loading, domestic and irrigation water, sanitary facilities, power, fire protection, and other necessary facilities, improvements or services consistent with the requirements of Titles 11 and 15 of the Chelan County Code. Primitive or forest service roads may be considered appropriate access as provided in Section 11.88.070.

(8) Noise, light, heat, steam, erosion, water quality, glare, odors, air pollution, smoke, wastes, dust, vibration, electrical disturbance, physical hazards and related impacts on adjacent properties and to the vicinity can be mitigated or avoided.

(9) The granting of the proposed conditional use permit is consistent and compatible with the intent, goals, objectives and policies of the comprehensive plan, and any implementing regulation.

(10) All conditions necessary to mitigate the impacts of the proposed use are conditions that are measurable and can be monitored and enforced. (Res. 2009-122 (Exh. A) (part), 11/3/09: Res. 2007-98 (part), 7/2/07: Res. 2002-8 (part), 1/15/02: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.93.050 Hearing examiner action.

A decision by the hearing examiner shall include the information required for a quasi-judicial review process, as established in Title 14 of the Chelan County Code. (Res. 2007-98 (part), 7/2/07: Res. 2002-8 (part), 1/15/02: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.93.060 Permit processing and notice.

Conditional use permits shall be processed in accordance with the provisions for quasi-judicial review, as established in Title 14 of the Chelan County Code. (Res. 2007-98 (part), 7/2/07: Res. 2002-8 (part), 1/15/02: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.93.070 Effect.

In any case where a conditional use permit is granted under the terms of this title, no building or other permit shall be issued until after the end of the appeal period allowed in Title 14 of the Chelan County Code. (Res. 2007-98 (part), 7/2/07: Res. 2002-8 (part), 1/15/02: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.93.080 Transfer of ownership.

The granting of a conditional use permit and the conditions set forth runs with the land; compliance with the conditions of the conditional use permit is the responsibility of the current owner of the property, whether that is the applicant or a successor. (Res. 2007-98 (part), 7/2/07: Res. 2002-8 (part), 1/15/02: Res. 2000-129 (part), 10/17/00).

11.93.090 Reapplication.

Upon final action of the hearing examiner to deny an application for a conditional use permit, the department shall not accept filing of an application for substantially the same matter within one year from the date of the final denial of the application. (Res. 2007-98 (part), 7/2/07: Res. 2002-8 (part), 1/15/02: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.93.100 Alterations to conform.

A change in use, expansion or contraction of site area, or alteration of structures or uses which are classified as conditional and are existing prior to the effective date of Resolution 2000-129, codified in this title, shall conform to all regulations pertaining to conditional uses. (Res. 2007-98 (part), 7/2/07: Res. 2002-8 (part), 1/15/02: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.93.110 Expiration.

(1) A conditional use permit shall become void if not acted upon, including but not limited to submitting a building permit or the placement of all infrastructure, within three years after approval or such other time period as established by the hearing examiner. The applicant may request a one-year extension, to be reviewed administratively, if the applicant submits a written request with community development thirty days prior to expiration.

(2) The owner of land with a conditional use permit may request the revoking of the conditional use permit through an administrative determination application.

(3) The county may revoke a conditional use permit if it has been determined that the use has been discontinued or vacated for a period of twelve consecutive months or greater. Such determination shall be made by administrative determination after notice to the affected property owner(s) listed on the tax records. The administrator may authorize an additional twelve consecutive months, for a total of no more than twenty-four consecutive months, when the owner demonstrates a hardship, such as a health issue. (Res. 2018-8 (Att. A) (part), 1/30/18: Res. 2015-73 (Atts. A, B) (part), 8/4/15: Res. 2007-98 (part), 7/2/07: Res. 2002-8 (part), 1/15/02: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.93.120 Appeal of decision.

Action of the hearing examiner is final unless appealed pursuant to the judicial appeal provisions of Title 14 of the Chelan County Code. (Res. 2007-98 (part), 7/2/07: Res. 2002-8 (part), 1/15/02: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

Article II. Standards for Selected Conditional Uses

11.93.125 AC district conditional uses.

The following conditions, criteria and standards apply to the issuance of a conditional use permit for activities and uses identified in Chapter 11.30 of this title:

(1) The activity and/or use shall be in conformance with all applicable local, state and federal regulations or requirements including but not limited to the Chelan County Code.

(2) On-farm retail sales activity and/or use must be a subordinate, supplemental and contributing element of the operation of an ongoing commercial agriculture activity as defined by RCW 84.34.020(2) or permitted as an agricultural theme market or element thereof, within existing or new buildings in conformance with all applicable building codes and requirements of this title. New agricultural theme market buildings/structures shall not exceed five thousand square feet in gross retail sales floor area.

(3) Retail sales activities, structures and uses must maintain a setback from adjacent properties a minimum of one hundred feet in width. Such retail sales activities, structures and uses include but are not limited to the following: parking, buildings, benches, tables, play areas, display areas, public areas and similar activities, uses or structures. The setback is required to safeguard agricultural operations on adjacent or nearby properties and to protect the public from incompatible agricultural uses and activities.

(4) Developed retail areas must be buffered from adjacent properties. Buffering may include: maintained or natural open space (distance), vegetated berms, trees, shrubs, orchards, solid or sight-obscuring fences or plantings, streets or roads, and/or natural vegetation or terrain.

(5) Hours of operation shall be consistent with the need to safeguard agricultural operations on adjacent properties.

(6) “Agricultural theme market” means a building, structure or land area devoted to retail sales/service uses and activities allowed pursuant to Chelan County Code Chapter 11.30, which may include, but is not limited to, restaurants, bakeries, and vehicle repair/welding in association with agricultural operations. Agricultural theme markets may utilize existing structures and/or buildings without size limitation in conformance with the requirements of this title. Agricultural theme markets provide principally for the retail sales of local and regionally produced agricultural products, value-added agricultural products and specialty items of a local/regional nature, and uses and activities allowed pursuant to Chapter 11.30, including arts and crafts. This definition does not include commercial feedlots, stockyards and/or livestock sales lots, and the sale of gasoline or fuels. Agricultural theme markets may be either a primary or subordinate use.

(7) Areas containing marginal or nonagricultural soils within the commercial agriculture zone districts are encouraged to be utilized for permitted retail sales/service activities and uses allowed pursuant to Chapter 11.30, thereby conserving agricultural lands of long-term economic significance for production of agricultural products. (Res. 2007-98 (part), 7/2/07: Res. 2006-74 (part), 6/6/06).

11.93.130 Animal boarding facilities.

The following minimum conditions shall apply to animal boarding facilities:

(1) All kennels, or any other animal boarding facilities, riding academies and stables that exceed the livestock densities set forth in Section 11.88.030 shall be located not less than one hundred feet from any property line.

(2) The applicant shall provide parking and loading spaces designed to minimize traffic hazards and congestion.

(3) The applicant shall show that odor, dust, noise, and drainage shall not constitute a nuisance, hazard or health problem to adjoining property or uses.

(4) For kennels, indoor sleeping quarters shall be provided to minimize nighttime noise impacts to surrounding properties.

(5) Any animal boarding facility will require submission of a conceptual master development plan to be reviewed by the Chelan County department of building/fire safety and planning for compliance with adopted standards and reviewed by the Chelan County public works department for compliance with county road standards.

(6) The hearing examiner may require greater setbacks, screening, buffering or additional conditions to mitigate any adverse impacts. (Res. 2007-98 (part), 7/2/07: 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).

11.93.133 Business incubators.

The following minimum conditions shall apply to business incubators:

(1) Business incubator uses shall be limited to publicly owned parcels equal to or greater than ten acres in gross area, as measured by the zone standards.

(2) All structures, temporary or permanent, that contain business incubator uses must be set back a minimum of fifty feet from all property lines, except on properties adjacent to commercial agricultural uses, where the setback shall be one hundred feet from the property line.

(3) The applicant shall submit a site design plan which addresses and mitigates, if necessary, the impacts of the facility. Such issues may include, but are not limited to, parking, noise, lighting, odor, drainage, critical areas, and traffic impacts. Review of permanent and temporary structures shall meet applicable building and fire code standards in Title 3.

(4) On-site retail must be outdoors and temporary in nature, such as portable food trucks or food booths. The facility may include a courtyard where live, nonamplified music may be permitted during events.

(5) Business incubator uses shall operate on seasonal basis (April 1st through October 31st). Activities supporting business incubator uses may occur during other months where authorized by the county subject to subsection (7) of this section.

(6) Business incubator hours shall be limited to Thursday through Sunday, nine a.m. to ten p.m. unless otherwise authorized by the county subject to subsection (7) of this section.

(7) The director may authorize business incubator activities in alternative months, days, or hours of operation, if:

(A) The business incubator activities’ size and location are compatible with planned or existing adjacent land uses.

(B) Activities continue to be seasonal and temporary and would avoid or mitigate impacts addressed in subsection (3) of this section.

(D) Notice shall be given to all adjacent property owners, identifying the proposed change in alternative months, days, or hours of operation. Public comment may warrant an amendment to the CUP through the hearing examiner. (Res. 2023-24 (Att. A), 2/7/23).

11.93.135 Cannabis production/processing.

All cannabis production/processing shall follow the requirements of Chapter 11.100. (Res. 2017-75 § 3 (Exh. E), 8/22/17).

11.93.150 Commercial feedlots.

Commercial feedlots shall apply to all animal operations in which the densities are greater than the prescribed densities set forth in Chapter 11.88 and shall meet the following conditions:

(1) Feedlots shall not be located in a floodway or floodplain.

(2) Feedlots shall not be located within two hundred feet of any naturally occurring body of water or well used for domestic or municipal purposes, and designed to prevent infiltration or other movement of livestock waste into the aquifer or surface water.

(3) Five-hundred-foot setbacks shall be maintained between the feedlot and any existing residential structure on adjacent property not under the applicant’s ownership.

(4) One-hundred-foot setbacks shall be maintained from any animal enclosure and any lot line with the exception of fenced pastures.

(5) The hearing examiner may require additional provisions such as screening from a public right-of-way, dust abatement or other measures to mitigate any adverse impacts. (Res. 2007-98 (part), 7/2/07: Res. 2003-93 (part), 7/22/03: Res. 2002-8 (part), 1/15/02: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.93.155 Criteria applicable to accessory uses which support, promote, or sustain agricultural operations.

The following criteria and standards shall apply to the issuance of a conditional use permit for accessory uses which support, promote, or sustain agricultural operations in Sections 11.08.010, 11.10.010, 11.12.010, and 11.14.010:

(1) The activity and/or use shall be in conformance with all applicable local, state and federal regulations or requirements including but not limited to the Chelan County Code.

(2) On-farm retail sales activity and/or use must be a secondary, subordinate, and supplemental element of the operation of an ongoing commercial agriculture activity as defined by RCW 84.34.020(2).

(3) Accessory uses may operate out of existing or new buildings with parking and other supportive uses consistent with the size and scale of existing buildings on the site or within the area. Accessory uses or activity shall not exceed three thousand square feet in the RR2.5 and RR5 zone districts. Accessory retail sales activities, structures, and uses must maintain a setback from adjacent properties a minimum of one hundred feet in width. Such accessory retail sales activities, structures and uses include but are not limited to the following: parking, buildings; benches; tables; play areas; display areas, public areas or similar activities, uses or structures. The setback is required to safeguard agricultural operations on adjacent or nearby properties and to protect the public from incompatible agricultural activities.

(4) Off-street vehicle parking shall be provided in accordance with Chapter 11.90 of this title.

(5) Setback and Screening Requirements.

(A) Developed accessory use or activity area must be located a minimum of one hundred feet from adjacent property lines, and must have screening and/or buffering from adjacent roads and properties. Screening and/or buffering may include: maintained or natural open space; vegetated berms; trees; shrubs; orchards; solid or sight-obscuring fences or plantings; streets or roads; and/or natural vegetation or terrain.

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

(C) No vehicles shall be located within one hundred feet of a property line and shall be visually screened from public roads or private roads open to public use and from surrounding properties.

(6) Hours of operation may be from eight a.m. to ten p.m. consistent with the need to safeguard existing agriculture operations on adjacent properties and other adjacent uses, or as may be determined by the hearing examiner subject to the proposal. (Res. 2007-98 (part), 7/2/07: Res. 2004-84 (part), 7/27/04).

11.93.160 Daycare centers/preschools.

The following minimum conditions shall apply to daycare centers and preschools that are housed in their own structure and/or care for more than twelve children:

(1) All such uses shall be located so as to have access adequate to accommodate pedestrian and vehicular traffic to and from the use as determined by the hearing examiner.

(2) When such a use is located in or adjacent to a residential district, screening in the form of plantings, walls, or fencing shall be provided of such a nature and density as determined by the hearing examiner.

(3) Parking space shall be provided in accordance with Chapter 11.90.

(4) Adequate outdoor play space shall be provided.

(5) Thirty-five square feet of room space per child shall be provided.

(6) The use shall be licensed and operated per state regulations. (Res. 2007-98 (part), 7/2/07: Res. 2003-93 (part), 7/22/03: Res. 2002-8 (part), 1/15/02: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.93.165 Essential public facilities.

Sanitary landfill criteria are located under Section 11.93.360. All other essential public facilities shall be considered under the following criteria:

(1) The proposal is consistent with the goals and policies of the comprehensive plan and all applicable county code provisions.

(2) There shall be a demonstrated need for the essential public facilities and/or special use within the community at large which shall not be contrary to the public interest.

(3) The applicant shall demonstrate that they have conducted a site selection process that has evaluated alternative sites within the county. The administrator may request review of specific sites or areas.

(4) The applicant shall demonstrate that appropriate public participation in the siting decision has occurred consistent with state law.

(5) The proposal/development incorporates specific features to ensure that it is consistent with the existing or intended character, appearance, and physical characteristics of the site and surrounding property.

(A) Additional landscaping and yard setbacks or open space may be required as necessary to mitigate the impacts or maintain consistency with the surrounding land uses.

(6) The applicant shall document known impacts to county services (water, sewer/septic, road, power, police/fire, etc.) and mitigation options to be reviewed and approved by the administrator.

(A) The administrator may request specific county services impact studies. (Res. 2017-119 (Att. B) (part), 12/19/17).

11.93.170 Guest inns.

Guest inn operations with a total (main structure and cabin units) of six lodging units or less for rent shall meet the following criteria in addition to the general conditional use criteria:

(1) Guest inns shall meet all applicable health, fire safety and building codes. The facility shall not infringe upon the right of neighboring residents to peaceful occupancy of their homes.

(2) The guest inn shall be the principal residence of the owner/operator.

(3) One nonilluminated sign not to exceed four square feet, not located in a required yard setback and bearing only the name of the facility and/or operator shall be permitted.

(4) Driveways accessing a guest inn which are greater than one hundred fifty feet in length shall have an improved width of at least twelve feet with appropriately spaced cutouts to facilitate the passage of two vehicles traveling in opposite directions.

(5) One off-street parking space per unit, in addition to the residential parking requirements, not located within required yard setbacks shall be provided for each room rented.

(6) For guest inn facilities which utilize cabins or other outbuildings for guest accommodation:

(A) The cabin units shall not contain more than two bedrooms.

(B) The cabin units shall be no larger than six hundred square feet in size. (Res. 2007-98 (part), 7/2/07: Res. 2003-93 (part), 7/22/03; Res. 2002-8 (part), 1/15/02: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.93.180 High and low impact utilities.

The following minimum criteria shall apply to public utility uses:

(1) Equipment storage shall be within an enclosed building.

(2) In all residential districts, no equipment storage shall be permitted on-site.

(3) The use shall be fenced.

(4) The use shall be landscaped per the requirements of Chapter 15.50 of this code.

(5) The minimum lot size in the district that a utility use is located in may be waived on a finding that the waiver will not result in noise or other detrimental effects to adjacent properties.

(A) When the minimum lot size is waived, a note shall be placed on the face of the plat that states that the parcel is not a building site other than for a permitted public utility use. The requirement for verification of adequate provisions for domestic water and sewage disposal may be waived.

(B) When the minimum lot size is waived, a notice to title shall be recorded with the Chelan County auditor stating that the parcel is not an allowable building site other than for a permitted utility use.

(6) The hearing examiner may impose additional requirements to address issues such as, but not limited to, noise, public health and safety, vehicular access, and odor. (Res. 2007-98 (part), 7/2/07: Res. 2003-09 (part), 1/21/03: Res. 2002-8 (part), 1/15/02: Res. 2001-60 (part), 4/17/01: Res. 2002-4 (part), 01/15/02).

11.93.190 High impact public facilities.

The hearing examiner may impose requirements in addition to the ones listed below to mitigate any adverse impacts which may be generated by the use.

(1) General Requirements.

(A) The minimum lot size in the district that a public facility is located in may be waived on a finding that the waiver will not result in noise or other detrimental effects to adjacent properties.

(i) When the minimum lot size is waived, a note shall be placed on the face of the plat that states that the parcel is not a building site other than for the permitted public facility use. The requirement for verification of adequate provisions for domestic water and sewage disposal may be waived.

(ii) When the minimum lot size is waived, a notice to title shall be recorded with the Chelan County auditor stating that the parcel is not an allowable building site other than the permitted public facility use.

(B) The hearing examiner may impose additional requirements to address issues such as, but not limited to, noise, public health and safety, vehicular access and odor.

(2) Schools.

(A) Setbacks for front, side and rear yards shall be a minimum of fifty feet from property lines.

(B) All bus loading areas shall be located off of public streets.

(D) Off-street parking shall be in accordance with Chapter 11.90.

(3) Composting Facility, Solid Waste Transfer Station.

(A) Projects shall be designed and operated in compliance with all applicable local, state and federal regulations.

(B) Property on which the composting facility use is located shall be at least one mile from the closest residence at the time of approval.

(C) All buildings and structures shall meet the required yard setbacks for the district. The hearing examiner may establish setbacks greater than those required in the district for buildings, structures, stockpiles and non-mobile machinery to minimize potential adverse impacts to adjoining lands and public rights-of-way.

(D) A haul route agreement shall be approved by the county engineer prior to the commencement of operations.

(E) Site illumination shall be designed and oriented so as not to create glare and so that lighting sources are not visible from off-site residences and public roads.

(F) The hearing examiner may specify the hours and duration of operations.

(G) Maximum noise levels shall not exceed the standards of Chapter 173-60 WAC, as amended.

(H) Air emissions must comply with the Clean Air Act, Chapter 70.94 RCW.

(I) The use shall be landscaped per the standards of Chapter 15.50, Title 15 of this code.

(4) Public Agency Equipment Storage/Maintenance Yard.

(A) Equipment storage shall be within an enclosed building or behind a view-obscuring fence.

(B) The use shall be landscaped per the standards of Chapter 15.50, Title 15 of this code. (Res. 2007-98 (part), 7/2/07: Res. 2002-8 (part), 1/15/02: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.93.195 Home-based businesses.

The following criteria and conditions shall apply:

(1) Not over fifty percent of the entire floor area of the residence is to be used for the home-based business.

(2) Office space for the home-based business may be located in an accessory structure.

(3) The residential character of the building shall be maintained and the business shall be conducted in such a manner as not to give an outside appearance of a business.

(4) Signage shall be in accordance with Chapter 11.92.

(5) No retail activities are allowed on the premises.

(6) Maximum environmental noise levels shall be in accordance with the provisions of Chapter 173-60 WAC, Maximum Environmental Noise Levels, at the property line.

(7) Employee parking (outside of the immediate family) shall be limited to two employee vehicles and shall be behind the front yard setback line.

(8) All equipment and materials stored overnight shall be stored behind the front yard setback line and if practical should be stored in such a manner as to not be visible from any public right-of-way or from adjacent properties.

(9) The equipment or materials storage area must be located at least fifty feet from any existing adjacent residence.

(10) Storage of equipment is limited to not more than four pieces of equipment including not more than one each of the following types: backhoe, flatbed trailer, two-cubic-yard loader, tree spade, dump trucks no larger than ten cubic yards, trucks up to thirty-six thousand GVW or automobiles. Storage of equipment that requires transport via flatbed semi-trucks is not allowed.

(11) Business operations including movement of equipment shall be permitted only between the hours of six a.m. to eight p.m., Monday through Saturday, unless the hearing examiner determines that no nuisance exists, or that unusual circumstances are present.

(12) No more than two employees outside of the resident family may be employed and working on the premises at one time. (Res. 2007-98 (part), 7/2/07: Res. 2006-45 (part), 4/4/06).

11.93.200 Isolated nonresidential uses.

Expansion of legally established, isolated nonresidential uses in existence prior to July 1, 1990: Expansion shall be limited to a maximum of fifty percent of the existing building footprint and/or fifty percent of the existing outdoor working area; provided, that the total expansion does not exceed a total of one thousand five hundred square feet for areas inside of urban growth areas and three thousand square feet for areas outside of urban growth areas, and that all of the standards below are met. The total square footage of allowable expansion is determined on a one-time basis, based on the area of use as of July 1, 1990.

(1) The expansion will occur on the same lot upon which the existing use is located; and

(2) The expansion shall not include a new residential component; and

(3) Expanded or permitted hours of operation shall take into consideration impacts to adjoining land uses. (Res. 2011-86 (Att. A) (part), 10/4/11: Res. 2007-98 (part), 7/2/07: Res. 2002-8 (part), 1/15/02: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00. Formerly 11.93.190).

11.93.220 Inert waste landfills.

The following minimum conditions shall apply to all inert waste landfills:

(1) Projects shall be designed and operated in compliance with all applicable local, state and federal regulations.

(2) All buildings and structures shall meet the required yard standards of the district. The hearing examiner may establish setbacks greater than those required in the district for buildings, structures, excavation and fill areas, stockpiles and nonmobile machinery to minimize potential adverse impacts to adjoining lands and public rights-of-way.

(3) No grading, excavation, filling, or stockpiling activities shall occur within a critical area or drainage way, and the operation will not create hazardous conditions, impair the physical stability of lands in the area or cause lateral movements such as slump, creep, landslide, erosion or sedimentation.

(4) Dust control measures shall be employed throughout the life of the operation to assure that fugitive dust from all sources does not escape on-site containment. The applicant shall submit a dust abatement plan for approval. The dust abatement plan shall identify names and telephone numbers of persons responsible for dust control on a twenty-four-hour basis.

(5) The hearing examiner may require that a haul route agreement be submitted for approval by the county engineer prior to the commencement of operations.

(6) Fill, topsoil and other stockpiled materials shall be vegetated or treated with dust suppression agents, as approved by the review authority. Stockpile heights may be specified by the hearing examiner but in no case shall they exceed thirty feet.

(7) The hearing examiner may specify the hours and duration of operations.

(8) The entire site, less any lawn, office area, or required setback, shall be fully screened from any public right-of-way or point of public view.

(9) A reclamation plan shall be submitted for approval that discloses final proposed topography, measures to retain slopes as appropriate, methods for reserving topsoil for final grading, revegetation of the site and phases of reclamation. Reclamation shall be undertaken in accordance with the approved plan.

(10) No burning shall take place in connection with such use, subject to review on an annual basis toward compliance with any future air pollution standards which may be established by a county or regional air pollution control authority; and the hearing examiner in accordance with the provisions of this resolution may require a performance bond. (Res. 2007-98 (part), 7/2/07: Res. 2002-8 (part), 1/15/02: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00. Formerly 11.93.210).

11.93.230 Junkyards/automobile wrecking yards/impound lots.

The following minimum conditions shall apply to junkyards, wrecking yards and impound lots:

(1) All operations shall be entirely enclosed by a solid fence or wall at least eight feet high constructed of plank boards, brick, cinder blocks, concrete, metal, or a totally sight-obscuring natural screen, with access only through solid gates. Such fence or wall shall be kept in good repair and neatly painted in a uniform color and in harmony with the surrounding neighborhood.

(2) The contents of junk or wrecking yards shall not be placed or deposited to a height greater than the fence.

(3) Provisions shall be made for the control and treatment of runoff.

(4) Junk or wrecking yards shall obtain and maintain a solid waste permit from Chelan/Douglas County environmental health. (Res. 2007-98 (part), 7/2/07: Res. 2002-8 (part), 1/15/02: Res. 2001-60 (part), 4/17/01. Formerly 11.93.220).

11.93.240 Mineral extraction, long-term.

The following minimum conditions shall apply to long-term mineral extraction:

(1) Performance Standards.

(A) All excavation operations and trucking directly related to such operations may be permitted only between the hours of six a.m. and five-thirty p.m., Monday through Saturday, unless the hearing examiner determines at a public hearing that no nuisance exists, or that unusual circumstances are present, in which case the relaxation of this regulation shall terminate when such conditions and circumstances are deemed by the hearing examiner to no longer exist.

(B) If property to be utilized has an exterior boundary line which shares a common property line with residential property or resource zoning districts, or if in the judgement of the hearing examiner, the nature and location of the operation is such as to constitute a hazard to public safety, then a solid wall or fence no less than five feet in height shall be installed and maintained no closer than fifty feet from the excavated area. Locked gates shall bar all openings in the fence when the permittee or his agents are not on premises.

(C) The area shall be posted with signs having letters at least three inches high and two inches wide, giving clear warning of the dangerous conditions resulting from the excavation. Said signs shall be no farther than one hundred feet apart around the periphery of the subject property and shall be maintained in good repair until excavation and reclamation operations are completed.

(D) Whenever the property is adjacent to developed residential property, public roads, streets or highways, streams, lakes or other public installations, there shall be installed and maintained or cultivated in addition to any required fence, a view-obstructing planting screen not less than fifteen feet in width, and in such planting strip shall be shrubs, bushes or trees which shall be selected to be evergreen, indigenous, fast-growing, compatible with the soil, and on the basis of size, form and minimum maintenance requirements. Said planting screen shall be planted according to acceptable practice in good soil, irrigated as necessary and maintained in a good condition at all times at the expense of the operator. Such view-obstructing planting screen herein required shall be installed as a yard improvement at or before the time excavation operations commence or within a reasonable time thereafter, in the judgement of the hearing examiner, giving due consideration of local planting conditions. Where natural flora does not exist, a view-obstructing fence may be installed, subject to the conditions given above, which fence shall maintain a fifteen-foot setback from the property line.

(E) Operators shall divert or protect all natural drainage courses to prevent pollution or reduction of natural flow, shall impound runoff as necessary to hold runoff to levels existing prior to the introduction of excavation operations, shall protect streams and grounds from acid-forming or toxic materials exposed or produced by excavation operations, shall seal off to the extent directed by the hearing examiner any breakthrough of acid water creating a hazard, shall not allow water to collect or permit stagnant water to remain in excavations. Wherever possible, the operator shall refrain from disturbing natural drainage course, streams, rivers and lakes.

(F) Blasting or other activities producing ground vibrations shall not constitute a nuisance to, or damage in any way, the property of adjacent landowners. The hearing examiner may require testimony by technical specialists in order to determine appropriate amounts and placement of explosives and other vibration-producing equipment, and may place such restrictions as are appropriate to resolve the problem.

(G) Maximum permissible noise levels shall be according to the provisions of Chapter 173-60 WAC, Maximum Environmental Noise Levels.

(H) Excavation operations shall be permitted no closer than one hundred feet from any property line, street, road or highway. In no case shall mining operations impair lateral support or cause earth movements or erosion to extend beyond the exterior boundary lines of property being excavated. Structures or buildings shall not be located closer than fifty feet from a developed residential property line. Office buildings shall maintain a twenty-five-foot setback.

(I) Underground excavation operations shall not be left in a condition so as to be or become hazardous. Mine shafts, air courses, inclines, or horizontal workings temporarily unused or deserted shall be blocked by solid bulkheads constructed of concrete, wood or steel. A locked manway or door may be installed as part of the bulkhead. Where shafts, air courses, inclines or horizontal workings are to be permanently abandoned in accordance with good mining practice, the collar portal to such workings shall be completely blocked by permanent bulkheads constructed of concrete and/or steel or by causing the collapse of solid rock at such collar or portal in such manner as to prohibit the reopening of said workings by natural movement of the collapsed rock by gravity down inclined workings.

(J) Vertical Limitations/Aquifer Protection.

(i) Surface mining shall be limited to only one aquifer unless approved by the Washington State Department of Ecology. Hydrological barriers separating aquifers shall not otherwise be disturbed.

(ii) Activities related to mineral extraction and processing operations in the vicinity of aquifers must provide safeguards including containment to prevent direct contamination to the open aquifers and indirect contamination through infiltration on mining operation pollutants.

(iii) Imported material shall not be used as a backfill for mine sites where an aquifer has been breached.

(iv) Disturbed aquifers shall be reclaimed as ponds, lakes or wetlands.

(v) Additional buffers may be required if necessary to prevent over-excavation when mining on an aquifer.

(vi) All relevant provisions of Chapters 11.80, 11.82 and 11.86 are to be met.

(K) Such topsoil as exists on this site shall be retained on the site in sufficient quantities to ensure an adequate supply for reclamation purposes; and

(L) One copy of approved excavation and reclamation plans and specifications shall be kept on-site at all times during the progress of the excavation operation;

(M) Additional conditions may be required to address the following specific objectives:

(i) The height and location of all equipment installed on the site, above and beyond the setback restrictions of this chapter, if unusual circumstances bearing on public safety or other vital concerns are deemed to exist;

(ii) The number and locations of points of ingress to and egress from any mining operations are subject to regulation by the hearing body;

(iii) Wherever possible, the operator shall schedule his excavation sequence in such a manner as to provide either natural or reclaimed buffers between the operation and adjoining properties;

(iv) Lighting may be regulated by the hearing body to minimize visibility from adjacent property and preclude it from shining directly onto adjoining property;

(v) Stockpiles and tailings shall not exceed the height, slope and moisture content limits determined by the hearing body, nor shall such stockpiles or tailings be located as to threaten adjacent slopes or properties. In making this determination, the hearing body may consult with the Washington State Department of Transportation, the Department of Natural Resources, the director of public works, or other authoritative sources.

(2) Application Materials. In addition to the application and procedural requirements of Title 14, Development Permit Procedures and Administration, the applicant shall submit the following materials:

(A) A copy of the reclamation plan being submitted to the appropriate state regulatory agency in application for a state permit and, when available, an approved copy of the final plan, and in those cases where such a plan is not required by the state, a special reclamation plan acceptable to the hearing examiner which shall consider the following: compatibility with existing neighboring land uses, present land use of the site, transportation systems, utility extensions, the physical character of the site and the surrounding landscape, zoning patterns and the comprehensive plan;

(B) The estimated quantities of all materials to be extracted;

(D) An on-site study to determine appropriate mitigation requirements for noise, vibration, and dust levels. The study should specify what levels the applicant deems satisfactory to mitigate off-site disturbances;

(E) An operation proposal detailing estimated frequency of blasting, estimated truckloads per day, what provisions for screening and fencing are proposed and estimated hours of operation;

(F) Proposed hauling routes to and from the site;

(G) A completed environmental checklist;

(H) A map at suitable scale identifying the following on the proposed site:

(i) The perimeter of the actual deposit within the site;

(ii) Present and proposed contours at five-foot intervals of the area to be excavated and of adjacent land as may reasonably be required;

(iii) The location, size and type of all machinery, structures, scales, stockpiles, roads and other site developments;

(iv) All major topographic features;

(v) A drainage plan showing present and proposed drainageways, seasonal or continuous, and directions of flow;

(vi) Cross-section diagrams at intervals acceptable to the administrator indicating present and proposed elevations;

(vii) A statement of the expected time of completion of excavation operations;

(viii) An excavation phasing schedule.

(3) Reclamation. Reclamation of surface mining sites shall be in accordance with the requirements of the State Department of Natural Resources. Reclamation activities shall not allow landfilling unless sites comply with Chapter 173-351 WAC, and other relevant state and federal regulations. If the operation is not subject to the State Department of Natural Resources permitting requirements, the following minimum standards shall apply. All reclaimed slopes shall:

(A) Have a varied slope;

(B) Have a natural appearance in both profile and plan view;

(D) Not exceed two horizontal to one vertical except as necessary to blend with natural adjacent slopes;

(E) Be compacted if significant back-filling is required to produce the final reclaimed slope;

(F) Provide measures to establish a beneficial wetland where a lake or pond or swamp is created; and

(G) Place topsoil and revegetate as necessary to stabilize slopes and control erosion. (Res. 2007-98 (part), 7/2/07: Res. 2007-53 (part), 3/27/07; Res. 2002-8 (part), 1/15/02: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00. Formerly 11.93.230).

11.93.250 Mineral extraction, short-term.

The following minimum conditions shall apply to short-term mineral extraction:

(1) The applicant shall adhere to the performance standards of Section 11.93.240(1)(A) through (C) and (E) through (M).

(2) The applicant shall submit all of the application materials required in Section 11.93.240(2).

(3) The applicant shall perform the reclamation operations specified in Section 11.93.240(3). (Res. 2007-98 (part), 7/2/07: Res. 2002-8 (part), 1/15/02: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00. Formerly 11.93.240).

11.93.260 Mini-storage.

The following minimum conditions shall apply to mini-storage facilities:

(1) Any outdoor storage area shall be enclosed with a six-foot-high, view-obscuring fence and vegetative site screening that will achieve a height of not less than six feet within three years.

(2) All access, travel surface and loading area building aprons shall be paved. Where appropriate, other areas not covered by structures or landscaping shall be surfaced with asphaltic concrete, or better.

(3) All exterior lighting shall meet the requirements of Section 11.88.080.

(4) The use of the facility shall be limited to the storage of excess personal property. No garage sales, servicing or repair of vehicles or appliances, commercial business or other similar activities shall be conducted on the premises.

(5) A twenty-foot landscaped buffer that meets the requirements of Chapter 15.50 of this code shall be installed along all street frontages. Along all other property lines a six-foot-high, site-obscuring fence shall be installed and maintained.

(6) The hearing examiner may require exterior modifications of structures, including use of architectural features or details, materials for siding and roofing, reduction of building mass and numbers of units when necessary to assure compatibility with adjoining residential districts. (Res. 2007-98 (part), 7/2/07: Res. 2002-8 (part), 1/15/02: Res. 2001-60 (part), 4/17/01).

11.93.270 Mobile/manufactured home parks.

The following minimum conditions shall apply to mobile/manufactured home parks:

(1) The minimum size shall be two acres.

(2) The minimum lot area per home stall shall be five thousand square feet per stall.

(3) The minimum width of home stalls shall be thirty-five feet.

(4) The minimum setback requirements shall be as follows:

(A) All homes shall be kept at all times a minimum of twenty-five feet from the street right-of-way and ten feet from all other lot lines;

(B) There shall be a minimum setback distance of fifteen feet between homes and all community or service buildings.

(5) The density of the park shall adhere to the density limitations of the zone in which it is located.

(6) Each access road connecting with a street shall have a minimum width of at least thirty feet.

(7) A recreation area shall be provided which contains a minimum of two thousand square feet per ten home stalls or fraction thereof.

(8) All areas other than access, egress, parking and circulation shall be completely and permanently landscaped.

(9) Screening shall be provided on each side of a mobile/manufactured home park which abuts upon or is across a street or alley from an area which is located within an agricultural or residential district. Such screening shall consist of a continuous fence, supplemented with landscape planting or a continuous wall, evergreen hedge or combination thereof, so as to effectively screen the park from view. The screening shall be maintained in good condition at all times.

(10) The park shall also comply with the State Board of Health regulations pertaining to mobile/manufactured homes and mobile/manufactured home parks.

(11) All applications for conditional use permits for mobile/manufactured home parks shall be accompanied by two scale drawings of the proposed layout of the park. The scale drawings shall show the location of all buildings, spaces, water, electric, and sewage systems, a circulation and parking plan, and landscaping/screening plan. The scale drawings shall be submitted to the Chelan-Douglas health district who shall determine whether or not the proposed park will meet the requirements of the State Board of Health and this chapter. The health district shall keep one copy of the sketch and submit the other copy, endorsed as to whether or not it meets regulations, to the board of adjustment for further action.

(12) A second vehicular access shall be provided for parks over forty spaces. (Res. 2007-98 (part), 7/2/07: Res. 2002-8 (part), 1/15/02: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00. Formerly 11.93.250).

11.93.280 Isolated cottage industries.

The following minimum conditions shall apply to new development of isolated cottage industries:

(1) No more than three people outside of the family shall be employed on-site at one time.

(2) No outside storage of equipment or material shall be permitted unless fenced or screened from view from streets and adjacent property.

(3) Signage shall meet the requirements of Chapter 11.92.

(4) The operation shall not create a level of noise, vibration, smoke, dust, odors, heat or glare beyond that which is common to the adjacent area.

(5) The operation does not create a parking demand beyond that which is normal to the adjacent area.

(6) The conditions found in Section 11.88.230(2), (5), (9) and (10) shall apply. (Res. 2011-86 (Att. A) (part), 10/4/11: Res. 2007-98 (part), 7/2/07: Res. 2002-8 (part), 1/15/02: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00. Formerly 11.93.260).

11.93.290 Isolated small-scale business.

The intent of this section is to provide for small-scale businesses in noncommercial zones per the provisions of the comprehensive plan. Businesses shall be created to export services or products and shall not be designed to service local needs. Such uses may include manufacturing/assembly, research facilities, telemarketing, online/telephone sales and services. The following minimum conditions shall apply:

(1) A two-hundred-foot setback shall be maintained from all adjoining properties for new construction.

(2) Maximum building size shall be five thousand square feet.

(3) Maximum of five hundred square feet may be used for a retail component of the use.

(4) The hearing examiner may limit hours of operation or require fencing, screening and/or landscape buffers to screen outside storage or any other conditions to mitigate any adverse impact to surrounding property. (Res. 2011-86 (Att. A) (part), 10/4/11: Res. 2007-98 (part), 7/2/07: Res. 2002-8 (part), 1/15/02: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00. Formerly 11.93.270).

11.93.300 Off-site agricultural worker housing.

Off-site agricultural worker housing shall be used for temporary (seasonal) or permanent (year-long) workers, except as noted below, who are employed in agricultural operations that are not located on the same site or ownership. The following criteria shall apply:

(1) Dwelling units are subject to all applicable building and health regulations.

(2) Structures shall be compatible with surrounding land uses.

(3) The dwelling units are to be used to house agricultural workers and their families who are employed in an agricultural operation. A covenant shall be recorded in a form acceptable to the county that the housing is exclusively for the use of agricultural workers and their families.

(4) The height of the structure(s) shall not exceed the limits set forth in the district.

(5) Structures shall not exceed the lot coverage set forth in the district.

(6) In the industrial districts, agricultural worker housing shall not be used for year-long occupancy. Housing in these districts shall be used only for seasonal occupancy.

(7) One parking space per residential unit, not within a required yard setback, shall be provided. (Res. 2007-98 (part), 7/2/07: Res. 2003-93 (part), 7/22/03: Res. 2002-8 (part), 1/15/02: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00. Formerly 11.93.280).

11.93.310 Permanent agricultural worker housing.

Permanent agricultural worker housing shall be used for permanent (year-long) workers, who are employed on-site or within the ownership of the owner/operator of the housing.

(1) The dwelling units are subject to all applicable building and health regulations.

(2) The structures shall be compatible with surrounding land uses and, where necessary, shall include increased setbacks from property lines, landscaping, buffering or design provisions as determined by the hearing examiner.

(3) The dwelling units are to be used to house agricultural workers and their families who are employed in agricultural operations on the premises or a site adjacent to the agricultural operation. A covenant shall be recorded in a form acceptable to the county that the permanent agricultural worker housing is exclusively for the use of agricultural workers and their families.

(4) The total number of dwelling units shall not exceed the density of the district.

(5) One parking space per residential unit, not within a required yard setback, shall be provided. (Res. 2007-98 (part), 7/2/07: Res. 2003-93 (part), 7/22/03: Res. 2002-8 (part), 1/15/02: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00. Formerly 11.93.290).

11.93.315 Places of public and private assembly.

The following minimum conditions shall apply to places of public and private assembly:

(1) The applicant shall submit for review and approval an operation plan and vehicle/pedestrian circulation plan.

(2) The use shall be landscaped per the requirements of Chapter 15.50, and comply with the parking provisions pursuant to Chapter 11.90.

(3) The operation shall include adequate sanitary facilities based on proposed capacity.

(4) The proposal will not reduce county facilities below adopted levels of service as a result of the development.

(5) Administrative review of the operation to determine compliance with conditions of approval shall be performed in the first and fifth year of operation, or upon receipt of a written complaint.

(6) All events and activities shall comply with Chapter 173-60 WAC, Noise.

(7) The proposal shall include the maximum number of attendees (baseline) which shall be used minimally to determine the number of parking spaces, traffic flow estimates, review occupancy load and building standards including restroom requirements.

(A) A twenty-five percent expansion to the number of attendees (bonus attendees) for up to three events per calendar year may be permitted, if the following conditions can be met:

(i) Additional parking can be provided on site in an “overflow” area, which is not required to be paved; or off-site parking is provided. Off-site parking sites shall be either designated public parking areas or lands dedicated as parking areas.

(ii) The overall occupancy load for bonus attendees, as determined by the Chelan County building official, shall not be exceeded.

(iii) The applicant shall provide the required number of restroom facilities, standard and ADA accessible, for bonus attendee events. Portable facilities may be used if approved by the Chelan-Douglas health district and the Chelan County building official.

(iv) The applicant shall provide adequate fire facilities/equipment, as determined by the fire marshal, at all events to serve the bonus attendee levels of service.

(v) The applicant shall provide a written statement to community development within thirty calendar days of each event exceeding the approved baseline number of attendees.

(8) If a school is to be included in the facility as a separate structure, the criteria of Section 11.93.190 shall be met in addition to any other applicable criteria.

(9) If a daycare center/preschool is to be included in the facility, the criteria of Section 11.93.160 shall be met in addition to any other applicable criteria.

(10) For churches and religious facilities, one single-family dwelling unit may be included in addition to the facility for the residence of the cleric/priest/pastor/etc. (Res. 2019-54 (Att. A) (part), 4/23/19: Res. 2015-73 (Atts. A, B) (part), 8/4/15: Res. 2007-98 (part), 7/2/07: Res. 2003-93 (part), 7/22/03).

11.93.320 Roadside stands/wineries/nursery/ value-added operation retail component of nursery greater than one thousand five hundred square feet.

The following minimum conditions shall apply to roadside stands/wineries/nurseries/value-added retail components of nurseries greater than one thousand five hundred square feet:

(1) Roadside stands, nurseries, and value-added operations with a retail component greater than one thousand square feet shall meet the requirements established in Section 11.93.420.

(2) Wineries as a conditional use, in addition to wine production and sales, may include an entertainment component such as, but not limited to, catered functions, wedding services and musical events. The conditions set forth in Section 11.93.420 shall be adhered to.

(3) Wineries as a conditional use may include incidental or accessory uses, including but not limited to a tasting room, food and beverage service, agricultural theme market, place of public/private assembly, and other value added operations. When criteria are found within Chapter 11.88 or this chapter for these uses, the applicant shall address each criteria as part of the conditional use permit.

(4) The hearing examiner may impose other conditions, such as additional parking, noise, increased setbacks, improved access, landscaping or screening, found necessary to protect the best interests of surrounding properties or the neighborhood due to the nature or character of the site of the facility. (Res. 2008-141 (part), 10/7/08: Res. 2007-98 (part), 7/2/07: Res. 2002-8 (part), 1/15/02: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00. Formerly 11.93.300).

11.93.330 Recreational vehicle parks/campground.

The following minimum conditions shall apply to major recreational vehicle (RV) parks/campgrounds, minor recreational vehicle (RV) parks/campgrounds, and small-scale recreational and tourist uses:

(1) Location of an RV Park/Campground.

(A) Any parcel of property being considered for an RV park/campground must front on and/or have direct access to a public street or road at a minimum of one location. Primitive roads and U.S. Forest Service roads shall not be considered suitable access to an RV park/campground.

(B) RV parks/campgrounds shall not be permitted in any area found unsuitable for such development because of poor drainage, physical topography, soil characteristics, rock formations, or other features that may be harmful to the public health, safety, or general welfare.

(2) RV Park Site Requirements.

(A) Size/Density of RV and Camp Spaces.

(i) The minimum area of an RV space shall be one thousand two hundred and fifty square feet.

(ii) The minimum width of an RV space shall be twenty-five feet.

(iii) The maximum allowed average unit density for RV and camp sites is twenty-five units per acre. All other area standards must be met.

(B) RV Unit Setbacks and Spacing.

(i) All RV units shall observe the applicable zoning district requirements pertaining to setbacks from public roads.

(ii) There shall be a minimum distance of five feet between an RV unit and the interior line of a perimeter buffer.

(iii) There shall be a minimum distance of five feet between an RV unit and an adjoining interior park street.

(iv) There shall be a minimum distance of five feet between an RV unit and a side or rear property line.

(v) There shall be a minimum distance of ten feet between RV units and between an RV unit and unattached structures.

(vi) An RV unit may be located on a side space line; provided, that a minimum separation of ten feet is maintained between units.

(3) RV Park Road System.

(A) At a minimum, all RV park roads and access roads shall be on an adequate base, graded and surfaced to provide a dustless, all-weather surface. The road system within an RV park shall be privately owned, constructed, and maintained. Road construction standards are as follows:

(i) Access junctions with public roads shall be as approved by the appropriate public agency.

(ii) Interior streets shall have the following minimum widths:

No On-Street Parking	On-Street Parking One Side Only
One-way streets: 20 feet	One-way streets: 20 feet
Two-way streets: 22 feet	Two-way streets: 28 feet

(iii) Road termini shall be provided with a loop to permit relative ease of turning.

(iv) Additional ingress/egress routes for emergency access to a public road shall be required for parks designed for forty or more RV spaces.

(4) Off-Street Automobile Parking Facilities.

(A) Off-street parking shall be provided at the rate of one space for each RV site. The hearing examiner may require additional off-street parking space as deemed appropriate to accommodate additional parking needs.

(B) There shall be at least four off-street parking spaces provided for the RV park office, together with one additional parking space for each twenty-five RV sites.

(C) Each parking space shall be a minimum of ten feet by twenty feet in size. All individual and common parking spaces shall be treated to eliminate dust.

(5) Sewage Disposal Requirements.

(A) Provisions for the disposal of grey water shall be made at fifty-foot radii from those sites not connected to the sewer system.

(B) Utility buildings providing flush toilets and showers for each sex shall be provided at convenient intervals throughout the park. Where RV spaces are not provided with individual sewer connections, utility buildings shall be located within three hundred feet of those spaces. The health officer shall determine the number of toilets and showers. All sewage from RVs and park buildings shall be discharged into a sewage disposal system approved by the appropriate agency.

(6) Fire Protection Standards.

(A) All RV park proposals shall be reviewed by the Chelan County fire marshal to ensure adequate ingress and egress and internal circulation for emergency vehicles.

(B) The Chelan County fire marshal shall review all RV park proposals to determine what fire protection measures are necessary for the park.

(C) In the absence of adequate on-site water sources, as determined by the Chelan County fire marshal, such as reservoirs, swimming pools, lakes, rivers and streams, the provisions of the current edition of the International Building/Fire Code, as adopted by Chelan County, shall apply for purposes of satisfying the required fire flows.

(7) Solid Waste.

(A) The storage, collection, and disposal of solid waste in an RV park shall be accomplished so as to prevent fire and health hazards, rodent harborage, insect breeding, accidents and odor.

(B) Approved solid waste containers shall be located not more than one hundred fifty feet from any RV site.

(8) Utilities.

(A) All RV parks situated within five hundred feet of a public sewer trunk line shall be required to connect to the line if the owner of the line permits.

(B) All utilities, such as domestic water, irrigation water, fire protection, storm drainage systems, etc., shall be installed in accordance with established guidelines. All power and communication lines shall be placed underground except where topography, soil, or other conditions make underground installation impractical as evidenced by the response of the supplier of such utilities.

(9) Sanitary Dump Stations. A conveniently located dump station for the disposal of self-contained sewage shall be provided in parks with twenty-five or more spaces. Additional dump stations may be required in parks having forty or more RV spaces. All dump stations shall be designed and developed to the standards of the Chelan-Douglas health district and the Department of Social and Health Services.

(10) Perimeter Buffer Yards, Landscaping, Fencing, Landscape Materials.

(A) A minimum twenty-five-foot buffer yard shall be established along that portion of the RV park that adjoins a public right-of-way. A minimum twenty-foot-wide buffer yard shall be established along all other property lines, unless otherwise provided for in this title.

(B) The purpose of a buffer yard is to create an area providing landscape screening and fencing which is used to reduce visual, noise, light and compatibility impacts. The hearing examiner will determine on a case-by-case basis the need and extent of landscape screening or fencing necessary to mitigate these impacts.

(C) When determined necessary by the hearing examiner, plantings in each buffer yard shall include a mix of evergreen and deciduous overstory trees, intermediate and understory trees and shrubs. Additionally, a six-foot-high fence, ornamental wall or view-obscuring planting screen may be established at the rear of all buffer yards. Existing healthy plant material located within the buffer yard may be counted, as contributing to the total plant materials required. The minimum size of landscape plant materials at the time of planting shall be as follows:

(i) Canopy trees: single stem, six feet high; multi-stem, six feet high;

(ii) Understory: four feet high;

(iii) Evergreen trees: three feet high;

(iv) Shrubs: deciduous, twelve-inch spread; evergreen, eighteen-inch spread.

(D) A permanently installed irrigation system may be required, depending upon the geographical location of the RV park and plant materials utilized, to ensure adequate maintenance of the landscaping throughout the park and buffer yard areas.

(E) The hearing examiner may impose additional landscaping requirements in accordance with Chapter 15.50, Title 15 of the Chelan County Code.

(11) Recreation Areas. Usable recreation area shall be provided at a rate of not less than five hundred square feet for each RV site in the park. Required buffer yards, parking areas and RV spaces shall not constitute recreational areas. Minimum recreation areas shall be at least ten percent of the total area of the park. Each one square foot of intensively developed recreational area (swimming pool, recreation/game room, and game courts such as tennis, badminton, etc.) shall be calculated as one and one-quarter square feet toward each square foot required of usable recreation area required.

(12) Lighting.

(A) All lighting shall be designed so as to eliminate light and glare spillover onto adjoining properties.

(B) Community structures shall be adequately lit at night.

(13) Signs. Signs and advertising devices shall be permitted in an RV park as follows:

(A) One identification sign, not to exceed thirty-two square feet in total area, at the entrance of the RV park shall be permitted. The sign may be indirectly illuminated but shall be nonflashing.

(B) Directional or informational signs for the conveyance of tenants and the public relating to parking, office, community buildings, circulation, etc., shall be permitted; provided, that each sign is not larger than two square feet in area.

(C) Signs within the required buffer or required front yard along a public road shall be no higher than forty-two inches. No sign shall exceed the normal building height requirement prescribed by the zoning resolution for the district in which the park is located.

(14) One single-family dwelling unit shall be permitted for an on-site manager’s residence. The permitted manager’s residence may include additional services to be located within the structure, as allowed by existing building codes, including but not limited to the following: office, convenience store, recreation/game facilities, laundry, bathrooms, showers, etc. Such facilities are intended to serve the needs of the park users and staff only.

(15) Required Plan.

(A) All conditional use permit applications for an RV park shall be accompanied by a site plan, drawn to scale not to exceed one inch to one hundred feet, a circulation and parking plan, and a landscape plan.

(B) Information Required.

(i) Site plans for an RV park shall, at a minimum, disclose the following information: location of existing and proposed buildings, RV spaces, domestic and irrigation water distribution, sewage collection system, electrical and communication lines, solid waste collection areas, fire hydrants, location of lighting and signs, perimeter buffer and site boundaries and recreation areas and open space. If necessary, contour information shall be provided at two-foot intervals for slopes of zero percent to five percent and five-foot intervals for slopes of five percent or greater.

(ii) Parking and circulation plans shall include public and private roads, ingress and egress routes, storm water drainage system, and number and location of parking spaces.

(C) Landscaping plans shall include the name, location, and type of vegetation as well as its size at planting and maturity. Landscaping plans shall also disclose the provisions made for a permanently installed irrigation system where necessary. Screening plans shall describe the type, height and location of proposed screens and/or fences.

(16) Recreational Vehicle Spaces, Camp Sites, Cabins and/or Lodge Units Allowed.

(A) Major Recreational Vehicle (RV) Parks/Campgrounds. Developed campgrounds having more than fifty units composed of any combination of the following:

(i) More than fifty RV spaces and/or camp sites, twenty-five percent of which may be cabin and/or lodge units.

(B) Minor Recreational Vehicle (RV) Parks/Campgrounds. Developed campgrounds having fifty or fewer units composed of any combination of the following:

(i) A total of fifty RV spaces and/or camp sites which may include:

(ii) In the rural residential resource (RR5) zoning district, the rural waterfront (RW) zoning district, and the rural recreational/residential (RRR) zoning district, five of the allowed units may be cabins and/or lodge units, or

(iii) In all zones (except the RR5, RW, and RRR zones) where minor recreation vehicle (RV) parks/campgrounds are allowed, twenty-five percent of the units may be cabins and/or lodge units.

(17) Lodge and Cabin Units.

(A) Lodge/Cabins. The lodges/cabins or a combination thereof, as allowed, comprised of not more than two bedrooms per unit.

(B) The lodge or cabin units shall not contain more than two bedrooms per unit.

(D) New residential development shall not be permitted on the site for year-round or second home residential housing, except as permitted in subsection (14) of this section.

(E) The maximum allowed density for lodge units and/or cabin units is fifteen units per acre.

(F) Permitted lodges may include additional services to be located within the structure, as allowed by existing building codes, including but not limited to the following: office, convenience store, recreation/game facilities, laundry, bathrooms, showers, etc. Such facilities are intended to serve the needs of the park users and staff only.

(18) Accessory Structures. Accessory structures are permitted to accommodate additional campground user services, including but not limited to park office, convenience store, recreation/game facilities, bathrooms and showers. Such facilities are intended to serve the needs of the park users and staff only. (Res. 2011-86 (Att. A) (part), 10/4/11; Res. 2007-98 (part), 7/2/07: Res. 2002-101 (part), 7/16/02; Res. 2002-8 (part), 1/15/02: Res. 2002-6 (part), 1/15/02; Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00. Formerly 11.93.320).

11.93.340 Remote industrial use.

Remote industrial uses are those which cannot be sited in urban areas or rural industrial zones due to noise, odor, or operational characteristics. When locating remote industrial uses, the following minimum conditions must be met:

(1) Be self-contained in that extension of infrastructure is the minimum necessary to serve the use and that no municipal sewer or water will be provided.

(2) Roads serving the site shall be found adequate to accommodate any increase in traffic loading. A traffic study may be required upon the recommendation of the county engineer.

(3) The activity shall not exceed “maximum environmental noise levels” of Chapter 173-60 WAC at the project property lines.

(4) Blasting or other activities producing ground vibrations shall not constitute a nuisance to, or damage in any way, the property of landowners within the above-mentioned range. The hearing examiner may require testimony by technical specialists in order to determine any potential impacts and may place restrictions as are appropriate to resolve the problem.

(5) Hazardous waste treatment and storage shall meet all applicable local, state and federal regulations.

(6) The hearing examiner may require additional measures such as limited hours of operation, bonding, increased buffering or setbacks as well as expert testimony. Fencing, screening and/or landscape buffers shall be required to screen outside storage in order to mitigate any adverse impacts. (Res. 2007-98 (part), 7/2/07: Res. 2002-8 (part), 1/15/02: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00. Formerly 11.93.330).

11.93.350 Rock crushing, sorting and batching of concrete or asphalt.

The applicant for a rock crushing, sorting or batching conditional use permit shall adhere to the performance standards listed in Section 11.93.240(1)(A) through (G) and submit the materials listed in Section 11.93.240(2)(C) through (F), in addition to the application and procedural requirements of Title 14, Development Permit Procedures and Administration. (Res. 2007-98 (part), 7/2/07: Res. 2002-8 (part), 1/15/02: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00. Formerly 11.93.340).

11.93.360 Sanitary landfills.

Sanitary landfills shall be reviewed based on the following criteria:

(1) Projects shall be designed and operated in compliance with all applicable local, state and federal regulations.

(2) The minimum site size for a sanitary landfill shall be forty acres.

(3) Property proposed for landfill use shall be at least one mile from the closest residence and two miles from any general aviation airport existing at the time of complete application.

(4) All buildings and structures shall meet the required yard standards of the district. The hearing examiner may establish setbacks greater than those required in the district for buildings, structures, excavation and fill areas, stockpiles and nonmobile machinery to minimize potential adverse impacts to adjoining lands and public rights-of-way.

(5) An applicant shall submit documentation prepared by an engineer verifying that no grading, excavation, filling, or stockpiling activities shall occur within a critical area or drainage way, and that the operation will not create hazardous conditions, impair the physical stability of lands in the area or cause lateral movements such as slump, creep, landslide, erosion or sedimentation.

(6) Dust control measures shall be employed throughout the life of the operation to assure that fugitive dust from all sources does not escape on-site containment. The applicant shall submit a dust abatement plan for approval. The dust abatement plan shall identify names and telephone numbers of persons responsible for dust control on a twenty-four-hour basis.

(7) A haul route agreement shall be approved by the county engineer prior to the commencement of operations.

(8) Site illumination shall be designed and oriented so as not to create glare and so that lighting sources are not visible from off-site residences and public roads.

(9) Fill, topsoil and other stockpiled materials shall be vegetated or treated with dust suppression agents, as approved by the review authority. Stockpile heights may be specified by the hearing examiner but in no case shall they exceed thirty feet.

(10) The hearing examiner may specify the hours and duration of operations.

(11) The entire site, less any lawn, office area, or required setback, shall be fully enclosed within a view-obscuring fence. If the proposed site slopes so as to permit a view over a required fence from a point or points outside it, the applicant may be required to landscape, recontour, reorient or relocate the entire use to achieve the desired view obstruction.

(12) A reclamation plan shall be submitted for approval that discloses final proposed topography, measures to retain slopes as appropriate, methods for reserving topsoil for final grading, revegetation of the site and phases of reclamation. Reclamation shall be undertaken in accordance with the approved plan.

(13) No burning shall take place in connection with such use, subject to review on an annual basis toward compliance with any future air pollution standards which may be established by a county or regional air pollution control authority; and the hearing examiner in accordance with the provisions of this section may require a performance bond. (Res. 2017-119 (Att. B) (part), 12/19/17: Res. 2007-98 (part), 7/2/07: Res. 2002-8 (part), 1/15/02: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00. Formerly 11.93.350).

11.93.370 Small-scale recreational or tourist use.

The following uses and respective conditions shall apply:

(1) Small-scale recreational and tourism uses include activities and facilities defined in Section 14.98.1795.

(2) Facilities and activities that may occur within small-scale recreational or tourist uses include administrative and storage buildings, meeting/conference facilities, recreational facilities including but not limited to trails, equestrian facilities, interpretive and/or educational facilities, ball fields, swimming pools, exercise facilities/gymnasiums, as well as short-term visitor accommodations such as lodges, cabins, tent and RV camp sites, consistent with applicable building codes and the requirements of this code.

(3) No more than six thousand five hundred square feet of gross floor area shall be devoted to buildings and structures for each ten acres of land area within the project site. Caretakers’ residences authorized herein may be in addition to the six thousand five hundred square feet of gross floor area for other buildings and structures.

(4) One single-family dwelling unit may be allowed for each twenty acres of land within the project site for the use of on-site staff or landowner. The permitted residence may be a detached residential unit, or it may be part of an overall structure that includes additional services, as allowed by existing building codes, including but not limited to: an office, convenience store, recreation/game room, laundry, bathrooms, showers, etc. Such facilities are intended to serve the needs of the park facility users and staff only. New residential development shall not be permitted on the site for year-round or second home residential housing, except as permitted herein for an on-site manager, caretaker, or landowner.

(5) Lodging facilities associated with small-scale recreational or tourist uses shall meet the following standards:

(A) Permitted lodges may include additional services to be located within the structure, as allowed by existing building codes, including but not limited to the following: office, convenience store, recreation/game facilities, laundry, bathrooms, showers, etc. Such facilities are intended to serve the needs of the park facility users and staff only. Commercial uses shall not be opened and/or available for use by the general public.

(B) Campground/RV parks shall meet the general site development requirements of Section 11.93.330, and shall have no more than twenty camp or RV sites or any combination thereof to the maximum of twenty.

(C) As approved by the hearing examiner, short-term/temporary occupancy of recreational vehicles for a time period of not more than ten days during any sixty-day period is permitted.

(D) Mixed use development allows the option to create up to five units within a lodge or five cabin units, and fifteen RV or tent sites, provided all other applicable provisions of this section are met. (Res. 2014-38 (Atts. A, B) (part), 4/15/14; Res. 2007-98 (part), 7/2/07: Res. 2006-114 (part), 8/29/06: Res. 2002-101 (part), 7/16/02: Res. 2002-8 (part), 1/15/02: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00. Formerly 11.93.360).

11.93.390 Short-term stockpiling of inert waste including concrete, asphalt, earth and rock.

The following criteria, standards and conditions shall apply to the issuance of a conditional use permit for stockpiling of inert waste including asphalt and concrete:

(1) Projects shall be designed and operated in compliance with all applicable local, state and federal regulations.

(2) Short-term stockpiling shall be authorized for a period of time not to exceed one year.

(3) Property on which the facility is located shall be at least one-half mile from the closest residence at the time of approval in the RR zone districts.

(4) All buildings and structures shall meet the required yard setbacks for the district. The hearing examiner may establish setbacks greater than those required in the district for buildings, structures, stockpiles and non-mobile machinery to minimize potential adverse impacts to adjoining lands and public rights-of-way.

(5) A haul route agreement shall be approved by the county engineer prior to the commencement of operations.

(6) All on-site illumination shall be hooded or shaded to prevent glare to receiving properties.

(7) The hearing examiner may specify the hours and duration of operations.

(8) Maximum noise levels shall not exceed the standards of Chapter 173-60 WAC, as amended.

(9) Air emissions must comply with the Clean Air Act, Chapter 70.94 RCW.

(10) No grading, excavation, filling, or stockpiling activities shall occur within a critical area or drainage way, and the operation will not create hazardous conditions, impair the physical stability of lands in the area or cause lateral movements such as slump, creep, landslide, erosion or sedimentation.

(11) Dust control measures shall be employed throughout the life of the operation to assure that fugitive dust from all sources does not escape on-site containment. The applicant shall submit a dust abatement plan for approval. The dust abatement plan shall identify names and telephone numbers of persons responsible for dust control on a twenty-four-hour basis.

(12) Stockpiled materials shall be treated with dust suppression agents, as approved by the review authority. The hearing examiner may specify stockpile heights but in no case shall they exceed thirty feet.

(13) The entire site shall be fully screened from any public right-of-way or point of public view.

(14) A reclamation plan shall be submitted for approval that discloses final proposed topography, measures to retain slopes as appropriate, methods for reserving topsoil for final grading, revegetation of the site and phases of reclamation. Reclamation shall be undertaken in accordance with the approved plan. A performance bond in the amount of one hundred fifty percent of the estimated cost of reclamation shall be posted to ensure removal of stockpiles and reclamation of the site within the prescribed time frame. (Res. 2007-98 (part), 7/2/07: Res. 2003-96 (part), 7/22/03).

11.93.400 Recycling of inert waste.

Recycling of inert waste shall be conducted in conformance with all applicable local, state and federal regulations and requirements including but not limited to the applicable standards and criteria as determined by the hearing examiner in conformance with the following provisions of this title: Chapter 11.93, Conditional Use Permits; Section 11.93.240, Mineral extraction, long-term; Section 11.93.250, Mineral extraction, short-term; Section 11.93.220, Inert waste landfills; Section 11.93.350, Rock crushing, sorting and batching of concrete or asphalt; and Section 11.93.430, Stockpiling of sand, gravel, etc. (Res. 2007-98 (part), 7/2/07: Res. 2003-96 (part), 7/22/03).

11.93.410 Duplex and multifamily dwelling units in RV zone districts.

The following criteria and requirements shall be met for a duplex or multifamily dwelling unit structure in the RV zone district:

(1) All criteria and requirements for a specified use by this title can be satisfied.

(2) The applicant must demonstrate that the proposed duplex or multifamily dwelling unit structure is in keeping with the rural character and the built environment within the area of the RV zone district for which development is proposed as of February 1, 2000.

(3) A finding can be made that the design standards of the zoning district within which the lot is located, critical area regulations, and all other applicable development standards and regulations can be met.

(4) Compatibility with the adjacent uses and the protection of the character of the surrounding area.

(5) Detrimental impacts on the natural environment and productive use of surrounding rural lands and natural resource lands can be mitigated or avoided.

(6) No duplex or multifamily permit shall be issued without a written finding that:

(A) After adequate opportunity for review and comment, all jurisdictional agencies and/or providers of water, sewage disposal, and fire protection serving the development have certified that adequate capacity exists or arrangements have been made to provide adequate services for the development.

(B) No county facilities will be reduced below adopted levels of service as a result of the development.

(7) The proposed use shall not result in undue adverse impacts affecting the public health, safety, and welfare.

(8) A finding shall be made that adequate provisions have been provided for roads, ingress and egress, stormwater, parking and loading, domestic and irrigation water, sanitary facilities, on-site sewage disposal, power, fire protection, and other necessary facilities, improvements or services consistent with the requirements of this title and Title 15 of the Chelan County Code.

(9) Noise, light, heat, steam, erosion, water quality, glare, odors, air pollution, smoke, wastes, dust, vibration, electrical disturbance, physical hazards and related impacts on adjacent properties and to the vicinity can be mitigated or avoided.

(10) The granting of the proposed permit is consistent and compatible with the intent, goals, objectives and policies of the comprehensive plan, and any implementing regulation.

(11) The administrator may impose other conditions, such as additional parking, improved access, landscaping or screening, found necessary to mitigate potential adverse impacts to surrounding properties or the neighborhood due to the nature or character of the proposal and/or of the site of the facility. All conditions necessary to mitigate the impacts of the proposed use shall be conditions that are measurable and can be monitored and enforced. (Res. 2009-122 (Exh. A) (part), 11/3/09: Res. 2007-98 (part), 7/2/07).

11.93.420 Parking garage.

The following minimum criteria shall apply to parking garages:

(1) Parking lots shall be designed according to Chapter 11.90 of this title.

(2) Parking garages shall be designed in accordance with the International Building Code, Group S, Division 2 (open parking garages).

(3) Landscaping shall be provided pursuant to Title 15 of the Chelan County Code.

(4) Stormwater runoff generated by the construction of the parking lot/garage shall be processed in accordance with the Chelan County stormwater standards and guidelines.

(5) Adequate ingress and egress to the parking lot/garage shall be provided pursuant to Title 15 of the Chelan County Code. (Res. 2011-86 (Att. A) (part), 10/4/11: Res. 2007-98 (part), 7/2/07).

11.93.430 Stockpiling of sand, gravel, etc.

The following criteria shall be met for stockpiling of sand, gravel, etc.:

(1) Operations shall be permitted only between the hours of five a.m. and five-thirty p.m., Monday through Saturday, unless the administrator determines at a public hearing that no nuisance exists, or that unusual circumstances are present, in which case the relaxation of this regulation shall terminate when such conditions and circumstances are deemed by the administrator to no longer exist.

(2) Operators shall divert or protect all natural drainage courses to prevent pollution or reduction of natural flow, shall impound runoff as necessary to hold runoff levels existing prior to the introduction of operations, shall protect streams and grounds from excessive sedimentation, shall not allow water to collect or permit stagnant water to remain. Whenever possible, the operator shall refrain from disturbing natural drainage courses, streams, rivers and lakes.

(3) Maximum permissible noise levels shall be in accordance with the provisions of Chapter 173-60 WAC, Maximum Environmental Noise Levels, at the property line.

(4) Additional conditions may be required to address the following specific objectives:

(A) The height and location of all equipment installed on the site, above and beyond the setback restrictions, if unusual circumstances bearing on public safety or other vital concerns are deemed to exist.

(B) The number and locations of points of ingress to and egress from any stockpiling operation are subject to regulation by the administrator.

(C) Lighting may be regulated by the administrator to minimize visibility from adjacent property and preclude it from shining directly onto adjacent property.

(D) Stockpiles shall not exceed height, slope and moisture content limits determined by the administrator, nor shall such stockpiles be located as to threaten adjacent slopes or properties. In making this determination the administrator may consult with the Washington Department of Transportation, the Department of Natural Resources, the director of public works or other authoritative sources. (Res. 2009-122 (Exh. A) (part), 11/3/09: Res. 2007-98 (part), 7/2/07).

11.93.440 Dependent care housing.

The purpose of this section is to allow for the temporary housing of person(s) in need of special care and/or assistance by reason of advanced age, infirmity, or handicap. Dependent care housing that is designed as attached to the single-family residence shall meet the requirements of an accessory dwelling unit. Dependent care housing that is detached from the single-family residence shall only be a mobile or manufactured home as defined by the Chelan County Code. The following minimum conditions shall apply to detached dependent care housing:

(1) The dependent care housing shall not be operated for profit.

(2) The owner of the property must reside in either the single-family dwelling or the mobile/manufactured home.

(3) The mobile/manufactured home must meet all yard, off-street parking and lot coverage requirements excepting those relating to density of the zoning district in which it is located.

(4) The mobile/manufactured home shall be located in conformance with all applicable building and health code requirements.

(5) The recipient and/or provider home shall permit only one dependent care mobile/manufactured on a lot, tract, or parcel of land under ownership or lease.

(6) No additional road approaches, access roads or accessory structures to serve the dependent care housing shall be permitted, to the greatest extent possible.

(7) The mobile/manufactured home shall be removed when the need for the dependent care ceases.

(8) The dependent care permit shall be reviewed every two years through a full administrative review process, pursuant to Title 14. (Res. 2007-98 (part), 7/2/07).

11.93.450 Short-term rentals.

All short-term rental applications requiring a conditional use permit shall comply with and are subject to the provisions of this chapter in addition to Chapter 11.88. (Res. 2021-95 (Att. A), 7/27/21).