Chapter 18.16 GENERAL REGULATIONS

The purpose of the general regulations is to provide a concise reference to requirements that are common to many different zoning districts, thereby providing a more efficient utilization of this title. (Ord. TLS 08-03-05 Exh. B (part): Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. F (part))

18.16.020 General requirements.

In order to provide for orderly development and to ensure the public health, safety, and welfare of the community, land use activity, buildings or structures shall not be erected, moved or utilized on any lot, tract or parcel of land except in compliance with this chapter and the DCC. (Ord. TLS 08-03-05 Exh. B (part): Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. F (part))

18.16.030 Building height measurement.

A. Building Height. Any building or structure or portion thereof hereafter erected in any use district shall not exceed the maximum height specified in the district, except as provided in subsections C and D of this section or as enumerated elsewhere in this title.

B. The building or structure height is the vertical distance above the reference datum from the highest point of the copping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building:

1. Industrial Zoning Districts. The reference datum shall be measured from the average finished grade of the building perimeter, except as provided below and as enumerated in subsection C of this section:

a. The reference datum for buildings, structures or multi-building complexes located not more than ten feet below the established sidewalk and/or road right-of-way shall be measured from the reference datum of the highest adjoining sidewalk or public road right-of-way to a maximum of ten feet; or

b. The reference datum for buildings, structures or multi-building complexes located more than ten feet below the highest grade of an adjoining sidewalk or road right-of-way shall be measured from the average distance between the highest grade of the adjoining sidewalk or public road right-of-way and the finished grade of the building perimeter to a maximum of twenty feet.

c. The height of a stepped or terraced building is the maximum height of any segment of the building.

2. Recreation, Rural and Agricultural Zoning Districts. The reference datum shall be measured from the average, existing natural grade of the building perimeter, except as provided in subsection C of this section for multifamily structures.

C. General Aviation. Buildings, structures or objects proposed to be located within one mile of a general aviation airport shall be reviewed to ensure they do not penetrate any of the airspace surfaces on or near a general aviation airport. The review authority shall deny any building, structure or object that is determined to penetrate or otherwise obstruct airspace surfaces. Special attention shall be given to the following areas:

1. Approach Surface. Land lying beneath the approach surface which extends outward uniformly to a width of one thousand two hundred fifty feet at a horizontal distance of five thousand feet from the runway end; and

2. Transitional Surface. The transitional surface begins at the runway end and on either side of the runway surface and slopes upward and outward at a 7:1 slope meeting the horizontal surface at one hundred fifty feet above the elevation of the airport.

D. The following types of structures or structural parts are not subject to the building height limitation of this title: aerials, belfries, chimneys, church spires, cupolas, domes, fire and hose towers, flagpoles, monuments, radio or television antennas, communication towers and associated antennas, water towers, windmills and other similar projections. These exceptions do not apply if the structure will penetrate the airspace of a general aviation airport as outlined in subsection C of this section. (Ord. TLS 08-03-05 Exh. B (part): Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 00-02-06 Exh. B (part): Ord. TLS 97-10-71B Exh. F (part))

18.16.040 Lot frontage.

All lots shall have not less than sixty feet of frontage on a public or private roadway, except when located within a cul-de-sac, a manufactured home park or a planned development. A minimum of thirty feet of contiguous frontage is required for lots located on a cul-de-sac (road right-of-way) in all use districts and lots located on the outside of a road curve with a radius of between fifty and seventy-five feet; however, the required front yard setback area shall be calculated as specified in DCC Section 18.16.080(A) and (E). (Ord. TLS 15-12-32B Exh. B (part): Ord. TLS 08-03-05 Exh. B (part): Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 00-02-06 Exh. B (part): Ord. TLS 97-10-71B Exh. F (part))

18.16.044 Clustering of existing rural and agricultural lots permitted.

Clustering of existing lots in a rural, recreational or agricultural district may be permitted through an exempt parcel transfer (boundary line adjustment) process. Exempt parcel transfers (minor boundary line adjustments) not involving clustering are not subject to the clustering provisions of this section. The cluster shall be required to meet applicable adopted development standards and the following:

A. Clustering of existing lots to locations within a property or contiguous properties may be permitted to minimize adverse effects on resource activities and critical areas, using lot size(s) that are at least equal in size or greater than required by the Chelan-Douglas Health District to address provisions for domestic water and sewage disposal, unless adjusted to follow physical features that act as obstacles to resource management, to a maximum of two acres. These lots are not eligible to be further subdivided while classified in a rural, recreational or agricultural district. A notice to title indicating this requirement shall be included in the exempt parcel transfer (boundary line adjustment) forms that are recorded.

B. For an existing lot to be eligible to be relocated into a cluster, it must be a legal lot of record existing for at least five years, and be considered a buildable lot. The number of lots may not be increased through this process.

C. Clustering shall be done in such a manner as to ensure that the proposed development will not adversely impact resource activities or critical areas on the balance of the property or on adjoining and nearby rural or agriculturally classified lands. The creation of small lots through clustering shall be prohibited within Airport Protection Zones 1—3 and 5 of the National Transportation Safety Board (NTSB) when underlying a Federal Aviation Parts 77 Transitional and Horizontal Surfaces of a General Aviation Airport.

D. Where possible, the cluster should be configured to include:

1. Use of physical features including rock outcrops, ravines or deep draws, irrigation canals, and critical areas to effectively separate the cluster from active resource production operations;

2. A location in close proximity to other compatible uses, dwellings and small lots;

3. Use of predominantly nonresource areas;

4. Use of nonirrigable areas of the property.

E. The large remaining lot may be further divided while classified in a rural, recreational or agricultural district when such division is in conformance with the Douglas County Code and will not result in densities greater than that accrued to the sum of the original parcels of record.

F. Lots created by a clustering of existing lots are not eligible for division pursuant to DCC Section 18.16.220(D), Limited Land Segregation, and (F), Lot Size Reduction for Existing Dwellings. (Ord. TLS 21-07-21B Exh. C; Ord. TLS 19-12-31C Exh. B (part): Ord. TLS 08-03-05 Exh. B (part): Ord. TLS 05-01 Att. B (part): Ord. TLS 03-01-01B Exh. B (part))

18.16.046 Cluster divisions.

A. Purpose. The purpose of this section is to provide for an innovative land division technique that allows development to occupy that portion of a project site that is most conducive to development while providing the opportunity to protect rural character, resource lands and critical areas consistent with the provisions of the Growth Management Act and the goals and policies of the comprehensive plan.

B. Process.

1. Cluster divisions are processed as either a subdivision or a short subdivision in accordance with the established procedures for those land divisions under Chapter 58.17 RCW and DCC Title 17 and in conformance with the applicable standards of the Douglas County Code.

2. Cluster divisions create two types of lots:

a. Individual lots that meet minimum dimensional standards; and

b. The reserve lot that is the portion of a proposed cluster division that is intended for one or a combination of the following uses: critical area, agriculture, forestry, open space, historic/cultural area, undeveloped area, recreation, and/or other similar use. The reserve lot is included as a lot for the purpose of determining the applicable land division process in accordance with Chapter 58.17 RCW.

3. Lands previously divided pursuant to the provisions of this section may be further divided not to exceed the standards of subsections D and (E)(4) of this section. Lands previously involved in a limited land segregation (DCC Section 18.16.220(D)), lot size reduction for existing dwellings (DCC Section 18.16.220(F)), or a clustering of existing lots (DCC Section 18.16.044) are not eligible to be included in a cluster division.

4. A resource disclosure statement shall be recorded on all deeds of record in accordance with DCC Section 18.16.180 if applicable.

C. Where Permitted.

1. Cluster divisions are only allowed in those agricultural and rural zoning districts that list cluster divisions as a permitted use; except, that clustering shall be prohibited within Airport Protection Zones 1—3 and 5 of the National Transportation Safety Board (NTSB) when underlying a Federal Aviation Parts 77 Transitional and Horizontal Surfaces of a General Aviation Airport.

2. Parcels must be at least eighty acres (one-eighth of a section) in size to be eligible for cluster division in a dryland agricultural (A-D) district.

3. Parcels of record that have been involved in a limited land segregation under the provisions of DCC Section 18.16.220(E) or a clustering of existing lots under the provisions of DCC Section 18.16.044 are not eligible to be divided in accordance with this section.

D. Density. The maximum density permitted for cluster divisions is the same as specified for the zoning district. Cluster divisions shall not transfer density/clustered residential lots from a rural zoning district to an irrigated agriculture (AC-5 or AC-10) zoning district. Density is calculated for all of the original parcel(s) of record, with calculations listed individually for the area within each zoning district that falls within the development boundaries. Traditional mathematical conventions for rounding shall be used for determining allowed densities and numbers of lots. Calculations ending in decimal numbers .50 and greater shall be rounded to the next higher whole number. Calculations ending in decimal numbers less than .50 shall be rounded to the next lower whole number.

E. Lot Size.

1. Individual lots within cluster divisions will be the minimum required by the Chelan-Douglas Health District to address provisions for domestic water and sewage disposal and not less than one-half acre.

2. Individual lots must identify an adequate building envelope that accommodates minimum setback requirements of the district.

3. Individual lots shall not exceed a size of two acres unless adjusted to: meet health requirements, follow physical features that act as obstacles to resource production, meet special setbacks or encompass existing improvements.

4. Reserve lots shall remain at least equal in size to seventy percent of the original parcel of record for the initial cluster division. Once reduced to seventy percent of the original parcel of record, reserve lots may not be further subdivided until such time as the zoning of the area would allow further subdivision. If the reserve lot is then developed, the existing lots from the previous cluster subdivisions must be included when calculating the maximum number of lots allowed.

F. Development Standards.

1. Lot Configuration.

a. Where practical, the majority of individual lots shall be arranged in a clustered/ concentrated pattern to be compatible with physical site features. The arrangement of individual lots is intended to discourage development forms commonly known as linear, straight-line or highway strip patterns.

b. Clustered lots may be located in different areas of the original parcel provided the number of lots in each cluster is four or more and all other criteria within this section are met.

2. Road Access.

a. Individual lots should be created in close proximity to existing roads, if possible, to minimize the need for construction of new roads.

b. Access shall be provided to all reserve tracts, unless those tracts are designated for critical area protection.

3. Reserve Lots.

a. The reserve lot shall be contiguous. Fragmentation of the lot by public or private roads, easements and/or building sites/lots shall not occur unless no other reasonable alternative exists.

b. The standards of DCC Section 18.16.080(I) shall apply where a reserve lot does not provide a buffer between individual lots and adjacent resource operations.

c. The reserve lot may be owned by a homeowner’s association, corporation, partnership, land trust, individual or other entity in accordance with DCC Section 18.16.160.

d. A management plan is required for the reserve lot. The plan shall be submitted and approved with the preliminary application. The plan shall identify permitted uses and management of the reserve lot so that it maintains its designated functions and provides for the protection of all critical areas. The management plan shall identify the responsibility for maintaining the reserve lot. The plan shall also include a description of any construction activities (trails, fencing, recreation, buildings or similar improvements) and vegetation clearing that may occur on-site. All subsequent activities must be conducted in conformance with the approved management plan. Management plans may be modified pursuant to DCC Section 14.10.020.

e. A note shall be placed on the plat and a restrictive covenant shall be recorded that clearly states that the reserve lot will only be used for the intended purpose pursuant to this section. The note and covenant shall also incorporate the management plan, as described above.

f. Structures/buildings shall not be allowed within reserve lots except as described in the management plan and necessary for associated recreational uses, historic buildings, public facilities or agricultural accessory structures essential to an agricultural use.

4. Infrastructure. All development facilities and infrastructure required pursuant to the Douglas County Code or other agency requirements shall be located within the interior boundaries of the lots or as otherwise allowed by this section. (Ord. TLS 21-07-21B Exh. C; Ord. TLS 09-03-22D Exh. C (part); Ord. TLS 08-03-05 Exh. B (part); Ord. TLS 05-01 Att. B (part): Ord. TLS 03-01-01B Exh. B (part))

18.16.060 Fences.

A. Fence Heights. In any use district outside of an urban growth boundary, except as otherwise provided in that district, or as provided below or in DCC Section 12.28.040, the following height standards apply:

1. Front yard: Forty-eight inches maximum height as measured from the finished grade of the lot within ten feet of the front lot line. DCC Section 12.28.040 governs height standards on corner lots and in clear view triangles.

2. Side yard: A maximum of forty-eight inches in height as measured from the established road grade within ten feet of the front lot line, at which point it may be a maximum of six feet in height as measured from the finished grade of the lot.

3. Rear yard: Six feet maximum height from the finished grade of the lot.

4. Open wire fences with a solid surface area not greater than ten percent, not including support posts, may be higher than six feet if installed to protect an agricultural activity.

5. Solid fences, sight-obscuring fences, and decorative walls shall not exceed a height of six feet; provided, that the height may be increased by one foot for each additional ten feet of setback from a property line, to a maximum height of eight feet. Examples: Six-foot-high solid fences may be constructed at ten feet from a front property line and on a side and rear property line; a seven-foot-high fence or wall can be constructed twenty feet from a front property line and ten feet from a side and/or rear property line; an eight-foot-high fence or wall can be constructed thirty feet from a front property line and twenty feet from a side and/or rear property line.

6. Fences located within the I-G district shall not exceed a height of eight feet, and may be located in a required front yard, provided they are set back a minimum of ten feet and meet DCC Section 12.28.040, Clear view triangle. Fences on properties located in the Baker Flats industrial area shall be located no closer than twenty-five feet from the front lot line adjacent to SR 2/97 Highway.

B. Double Frontage Lots. Double frontage lots located on a collector or arterial road may construct a fence six feet high on the front lot line adjacent to the arterial or collector. The fence height shall be measured from the established road grade. The following criteria shall be met:

1. Vehicular access is prohibited from the arterial or collector roadway for the affected lot;

2. A gate is located for each affected lot and is designed for pedestrian access only;

3. The fence complies with the minimum standards set forth in DCC Section 12.28.040;

4. The fence shall be maintained and kept in good repair; and

5. The owner obtains a permit from the county engineer to perform work on the country road right-of-way.

C. Permit and Design. A building permit must be applied for and issued prior to the installation of a fence greater than six feet in height. A design meeting the requirements of applicable codes including, without limitation, the International Building Code and the International Fire Code, must be prepared by an engineer and submitted with the permit application. (Res. TLS 14-10-36B Exh. B: Ord. TLS 08-03-05 Exh. B (part): Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. F (part))

18.16.080 Yards and setbacks.

The minimum yards and setbacks for permitted and accessory uses in all districts, except as enumerated in DCC Section 15.28.040, Exemptions, or elsewhere in this code, shall be as follows:

A. Front Yard.

1. No building or structure shall be erected less than twenty feet from any public or private road or highway, access road or other vehicular access easement; and no building or structure shall be erected less than twenty feet from the property line where access is gained.

2. The required front yard may be reduced, except for garages and carports pursuant to subsection D of this section, if the following apply:

a. The front yard may be reduced to twelve feet, when the front fifty feet of horizontal distance from the front property line of the lot equals or exceeds an average of forty percent grade.

B. Common Line Averaging. The front yard may be reduced if a residential dwelling(s) located on an immediately adjoining lot(s) has a front yard of less than the twenty feet. The required front yard in these instances is determined by averaging the front yard(s), but in no case shall the front yard be less than twelve feet. The front yard setback required in the district shall be used in calculating the setback for an abutting or adjoining lot in the following circumstances:

1. Where no residential dwelling exists on a lot(s) adjacent to the lot proposed for development;

2. Where a residential dwelling exists on a lot(s) adjacent to the lot proposed for development and the existing residential dwelling(s) is (are) located at a depth greater than the front yard requirement of the district.

C. The front yard may be reduced to a minimum of twelve feet in order to avoid impacts to a wetland, fish and wildlife habitat conservation area and/or delineated buffer where the following criteria have been met:

1. The setback reduction shall be processed in accordance with DCC Section 14.10.030, Full administrative review of applications;

2. The reduction in the front yard setback shall be the minimum necessary to address a hardship to the property owner caused by circumstances unique to the property;

3. The standards for avoidance have been addressed consistent with the provisions of DCC Title 19 or the Douglas County Regional Shoreline Master Program; and a habitat management and mitigation plan, by a biologist, and must be approved prior to development.

D. Garages and Carports. If the front yard requirement is to be reduced, all garages and carports in any zoning district that permits residential uses and within any residential planned unit development shall be set back twenty feet as measured from any public or private road or highway, access road or other vehicular access easement; and at the point of access from the property line. If the front yard requirement is to be reduced, all driveways and entrances to garages and carports entering onto a road shall be parallel or nearly parallel to the public or private road or highway, access road or other vehicular access easement, or provide an area or hammerhead for a turnaround in order to avoid the backing of vehicles directly onto the public or private road or highway, access road or other vehicular access easement.

E. Side Yard. No building or portion thereof shall be erected less than five feet from any side property line.

F. Rear Yard. No building or structure shall be erected less than fifteen feet from any rear property line. Detached garages or other detached accessory structures (pertinent to any residence) may be erected within five feet of any side or rear property line if the structure is a minimum distance of ten feet from any other building or structure. Buildings or structures shall cover not more than fifty percent of a required rear yard area.

G. Cornices, eaves, gutters, sunshades, chimneys and other similar architectural features may encroach no more than two feet into a required yard setback.

H. The director may require the applicant to retain an engineer to verify that the setback reduction will not adversely affect the public safety; where sight distance, roadway speeds, or site topography may be an issue.

I. Agricultural Buffer. When divisions of property for residential lots, planned developments, multifamily developments or manufactured home parks are created adjacent to an agricultural district, the front, side and rear yard buffer for any structure used for human habitation shall be increased to a distance of one hundred feet as measured horizontally from the agricultural district boundary. The required buffer may be reduced to forty feet, inclusive of buffer option(s), as approved by the director upon the installation of a six-foot-tall berm, or ten-foot-wide minimum type I landscaping, or solid six-foot fencing, or a combination thereof. The entire width of any public right-of-way may be used as part of the agricultural buffer. Agricultural buffer may be waived when a written waiver, signed by both the subject property owner and the adjacent property owner, is notarized on forms provided by the department and recorded with the Douglas County auditor’s office (resulting in a notice to title). Where such a waiver is implemented, the buffer identified within this chapter shall be utilized as the minimum standards. (Ord. TLS 22-07-25B Att. A; Ord. TLS 21-20-55B § 4, 2021; Ord. TLS 08-09-32B Exh. B (part): Ord. TLS 08-03-05 Exh. B (part); Ord. TLS 03-01-01B Exh. B (part); Ord. TLS 01-04-07B Exh. B (part); Ord. TLS 97-10-71B Exh. F (part))

18.16.110 Lot configuration requirement.

Where a lot, tract or parcel of land is proposed to be divided into lots within an RR-2, RR-5 or R-REC district, the director may require an arrangement, configuration or design of lots, roads, easements and building envelopes such as to facilitate future redivision of the property and logical extensions of the road system. (Ord. TLS 08-03-05 Exh. B (part): Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 00-02-06 Exh. B (part): Ord. TLS 97-10-71B Exh. F (part))

18.16.120 Storage standards.

A. General. All permitted storage shall be considered accessory. Storage of materials shall be located entirely within an enclosed building or shall be screened from view of the surrounding properties with a sight obscuring fence and/or landscaping, except as otherwise required by this title.

1. No storage of materials shall be located within any required front yard.

2. Storage of scrap lumber, metals, glass and other material sold or offered for sale is prohibited within residential classifications.

3. Cargo container, railroad cars and semi-truck trailers and other similar storage containers shall be modified to reflect the residential character of the lot and surrounding neighborhood. Modifications include siding materials, pitched roof, removal of wheels and other similar features.

B. Recreational Vehicles. Off-street storage or off-street parking areas shall be provided for all recreational vehicles, including, without limitation, boats, motor homes, travel trailers or similar type recreational vehicles.

C. Refuse Storage. All outdoor trash, garbage and refuse storage areas shall be screened on all sides from public view and, at a minimum, be enclosed with a five and one-half foot high wood, concrete or masonry wall, or sight obscuring fence and landscaping on all sides or as approved by the review authority.

1. Refuse storage shall be prohibited within a required front yard and within required rear or side yards when adjacent to a residential district.

2. Refuse storage areas shall be designed in accordance with the overall architectural theme of the associated building or structure. Single residential dwellings shall be exempt from this provision.

D. Accessory Attached or Detached Storage/Garage/Carport.

1. Single or Duplex Dwellings. At least one accessory carport, storage or garage building shall be constructed in conjunction with a residential dwelling and shall contain a minimum of three hundred square feet of floor area. If an accessory carport is constructed to meet this requirement the carport shall be designed and constructed in a manner that will allow the carport to be converted to a garage or storage building in the future. Carports shall be designed to include an enclosed storage area with a minimum of sixty square feet of floor area and a minimum height of six feet.

2. Multifamily Dwellings. At least one covered parking stall shall be provided for each multifamily dwelling unit together with a minimum of twenty square feet of storage area. The storage area shall measure at least six feet high and shall be accessible from outside of the dwelling unit. Storage may be provided in conjunction with the required covered parking, combined with the multifamily building complex or other means as approved by the review authority. (Ord. TLS 11-02-02B Exh. B (part): Ord. TLS 09-02-22B Exh. B (part); Ord. TLS 08-03-05 Exh. B (part): Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 01-04-07B Exh. B (part); Ord. TLS 00-02-06 Exh. B (part): Ord. TLS 97-10-71B Exh. F (part))

18.16.125 Storage facilities associated with residential development.

Centralized storage facilities for personal goods and recreational vehicles may be developed in conjunction with a residential development for the use of owners and residents within the development and the general vicinity of the development. Facilities must have no outward appearance of being a commercial facility, and be appropriately designed, screened and landscaped befitting the residential character of the development. (Ord. TLS 03-01-01B Exh. B (part))

18.16.130 Private parks associated with a residential subdivision.

Private parks may be developed in conjunction with a residential subdivision for the use of owners and residents within the development. The following standards shall be met:

A. Maximum size: one acre;

B. The park area shall be owned and maintained by a homeowners association and preserved in perpetuity within a tract, reserve lot, or easement;

C. Park areas shall provide substantial active or passive recreational opportunities which may include accessory structures not to exceed ten percent of the gross area of the park;

D. Outdoor lighting shall be directed towards the site and/or shielded in accordance with this chapter;

E. Access drives and storm water management shall be designed and constructed pursuant to DCC Title 12 and DCC Chapter 20.34;

F. Parks located adjacent to residential or commercial development shall install Type II landscaping as set forth in DCC Chapter 20.40;

G. Where provided, parking shall be in compliance with the minimum standards set forth in DCC Chapter 20.42;

H. Where provided, signage shall be in compliance with the minimum standards set forth in DCC Chapter 20.44. (Ord. TLS 10-06-30B Exh. B (part))

18.16.140 On-site recreation—Space required.

A. Duplex and multifamily residential developments at a density of six or more units per acre and involving one acre or more shall provide common recreation area on-site for the use and enjoyment of owners and residents within the development. The area required for on-site recreation shall be calculated at ten percent of the site area with a minimum total area of five thousand square feet.

B. Common recreation areas and/or on-site recreation space shall be located, designed and constructed for usable recreation space.

1. The following criteria shall be met:

a. A detailed recreation site plan and brief narrative shall be submitted for each proposed recreation area with the development application. The recreation plan shall illustrate the design, landscaping, construction elements and elements within the proposed park, i.e., half-court basketball court, sports court, playground, ball field, putt-putt golf, picnic area or other similar improvements.

b. On-site recreation areas shall be centrally located within the development and accessible to all proposed lots.

c. On-site recreation areas should be connected to an overall pedestrian trail system and sidewalk system. A portion of the required trail system as set forth in DCC Section 18.16.150 can be incorporated into the recreation element.

d. On-site recreation areas shall be designed as usable recreation space. At least seventy percent of the recreation space shall be designed with slopes of less than six percent.

2. If stormwater drainage is incorporated into the recreation area, the following criteria shall be applied:

a. The facility should be designed with emphasis as a recreation area, not a stormwater control structure. No more than thirty percent of the required recreation area shall incorporate components of stormwater detention.

b. The stormwater facility shall be designed as usable recreation area.

c. That portion of the stormwater facility not considered as usable recreation area shall not be counted toward the required recreation area allocation.

d. Facility design should blend them into the recreation area.

e. In no case shall more than thirty percent of the required on-site recreation area exceed a slope of seven horizontal units to one vertical unit (7:1).

3. The on-site recreation area shall be developed and landscaped appropriate to the types of recreation activities proposed.

4. Recreation areas shall be at least five thousand square feet in size, unless multiple recreation areas are proposed, in which case only one area must meet the minimum area requirements with the remaining recreation areas being not less than five hundred square feet. A portion of the on-site recreation area may be used for pedestrian/bicycle trails as required in DCC Section 18.16.150.

5. Recreation areas shall be permanently reserved for recreation purposes.

C. Each one square foot of intensively developed recreational area (swimming pool, recreation/game rooms, and game courts such as tennis, handball, racquetball, etc.) shall be calculated as 1.25 square feet toward each one square foot of usable recreation area required. (Ord. TLS 08-03-05 Exh. B (part): Res. TLS 04-39 Att. (part): Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 00-02-06 Exh. B (part): Ord. TLS 97-10-71B Exh. F (part))

18.16.150 Pedestrian and/or bicycle trail access.

Land development, uses and activities shall ensure provisions are made for safe and convenient pedestrian and/or bicycle access circulation systems that link lots, tracts, and/or buildings to adjoining properties. Trail systems shall provide continuity of public access and/or facilitate their eventual connection to other areas incrementally through time. Trail improvements and easements/tracts of land shall be provided whenever a division of land or other development activity occurs for residential, commercial, industrial, and/or recreation development when near parks, recreation areas, schools, churches, dead-end roads, bodies of water such as rivers or lakes, existing/future trails, public facilities and/or other similar activities and facilities.

A. The residents or tenants of the development shall be provided access to the trail easement or access tract.

B. Up to fifty percent of the required trail improvement may incorporate public sidewalks.

C. Trail systems may be used in part for meeting the required on-site recreation/open space areas enumerated in DCC Section 18.16.140.

D. The pedestrian/bicycle linkage system shall include provisions for access to lakes, rivers, schools, parks, major pedestrian corridors and trail systems existing or enumerated in the applicable comprehensive plan.

E. Establishment of pedestrian corridors shall provide safe unhindered pedestrian walking and be designed to allow access to all users of the development. Over fifty percent of the required trail shall be located within open space areas, between lots or physically separated from vehicles on roadway systems. The minimum separation shall not be less than six feet.

F. Pedestrian/bicycle linkage systems shall be provided/extended as property is developed or redeveloped by the property owner/developer.

G. The dimensions of the linkage system shall have a minimum easement width of ten feet with a minimum width of six feet improved with gravel, asphalt or other similar all-weather surface materials. Linkage corridors may be bridged or partially covered but are intended for pedestrian movement through the entire length of the corridor.

H. The location and alignment of the circulation system shall be submitted with the overall site plan of the proposed land development activity and for each phase of development. Such plans shall identify all dimensions and circulation features.

I. Pedestrian/bicycle access corridors shall be discouraged in areas designated as agricultural lands of long-term commercial significance.

J. Maintenance of any trail corridor or improvement retained in private ownership shall be the responsibility of the owner or other separate entity capable of long-term maintenance and operation in a manner acceptable to the county.

K. Where permitted, outdoor exhibits, displays, sales, service of food, or other activities may be conducted adjacent to corridors or located within open space areas, including plazas, on a temporary or permanent basis, provided movement through the area is free and uninterrupted. (Ord. TLS 08-03-05 Exh. B (part): Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 01-04-07B Exh. B (part); Ord. TLS 00-02-06 Exh. B (part): Ord. TLS 97-10-71B Exh. F (part))

18.16.160 Preservation of public and private open space.

All required open space shall be preserved in perpetuity for that purpose as shown in a development plan. Appropriate land use restrictions shall be contained in all deeds to ensure that the open space is permanently preserved. Deed restrictions shall be for the benefit of present as well as future property owners, and shall contain a prohibition against partition of open space for uses other than that allowed in this chapter. (Ord. TLS 08-03-05 Exh. B (part): Res. TLS 04-39 Att. (part): Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. F (part))

18.16.170 Accessory dwelling units.

Accessory dwelling units are permitted within rural or agricultural districts. Accessory dwelling units shall be on the same lot or parcel as the primary single-family residence and shall meet the following provisions:

A. Only one accessory dwelling unit per lot or parcel;

B. The property owner (which shall include title holders and contract purchasers) shall occupy either the primary single-family residence or the accessory dwelling unit as their permanent residence;

C. At least one additional off-street parking space shall be provided for use by the owner-occupants and/or tenant;

D. The accessory dwelling unit shall meet the minimum requirements of the International Residential Code, International Fire Code, health district and all other local, state and federal agencies;

E. Attached accessory dwelling units shall meet the following provisions:

1. The accessory dwelling unit size shall not exceed the gross conditioned habitable floor area of the primary single-family residence. The total gross floor area shall not include covered porches, patios, garages, carports, exterior stairway, exterior utility rooms and similar unconditioned uninhabitable incidentals; and

2. The minimum lot or parcel area shall be ten thousand square feet;

F. Detached accessory dwelling units shall meet the following provisions:

1. The minimum lot or parcel area shall be equal to or greater than sixteen thousand square feet;

2. The accessory dwelling unit shall not exceed one thousand five hundred square feet in total conditioned habitable gross floor area. The total gross floor area shall not include covered porches, patios, garages, carports, exterior stairway, exterior utility rooms and similar unconditioned uninhabitable incidentals;

3. When located within the R-REC area or RSC district, the location, design and construction of the accessory dwelling unit shall be completed in a manner that will facilitate the eventual division of the property into two or more lots or parcels. General provisions that apply include access, building setbacks, lot coverage, and road improvements;

4. Separate title to the accessory dwelling site shall be transferred only in conformance with the provisions of DCC Title 17, Subdivisions, if applicable;

G. The director may require the recording of title notices as appropriate to disclose the circumstances and conditions of the authorized accessory dwelling unit. (Ord. TLS 21-06-19B Exh. B; Ord. TLS 12-10-17B Exh. B (part); Ord. TLS 08-03-05 Exh. B (part): Res. TLS 06-13 § 1 (part); Res. TLS 04-39 Att. (part): Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 00-02-06 Exh. B (part): Ord. TLS 97-10-71B Exh. F (part))

18.16.180 Resource disclosure statement.

A note shall be placed on a final plat, final short plat or final binding site plan and noted in the deed of record or on a notice to title for each lot when a subdivision, short subdivision, binding site plan or other development is located within five hundred feet of a designated agricultural or mineral resource area. The property owner shall sign an affidavit acknowledging the following statement and shall record it with the county auditor for disclosure in the deed and mortgage records of the subject property. The statement shall essentially read as follows:

The subject property is located within or near designated agricultural lands or mineral resource lands on which a variety of activities may occur that are not compatible with residential or other type of development for certain periods of limited duration. Such activities may include but are not limited to noise, dust, smoke, odors and hours of operation resulting from harvesting, planting, fertilizing, pest control and other resource-related activities associated with usual and normal resource management practices which, when performed in accordance with county, state and/or federal law, shall not be subject to legal action as public nuisances.

(Ord. TLS 11-06-33B Exh. B (part): Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. F (part))

18.16.190 Livestock and poultry.

Livestock and poultry are permitted within rural and agricultural zoning classifications.

A. Barns, shelters or other buildings or structures for the keeping or feeding of livestock or poultry shall be located a minimum of one hundred feet from any off-premises residential dwelling.

B. Where permitted by the zoning district, the following uses shall not be permitted within the indicated distance of any primary arterial road, highway, school, public park, or rural service center:

1. Within one-half mile: commercial slaughter houses, rendering plants, manure composting, feed lots for cattle, swine, chickens or other livestock and poultry; and

2. Within three hundred feet: barns, shelters or other structures used for commercial purposes for the keeping or feeding of swine. (Ord. TLS 15-14-50B Exh. A (part): Ord. TLS 08-03-05 Exh. B (part): Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. F (part))

18.16.210 Agricultural refrigeration, packing and storage facilities.

Agricultural refrigeration, packing, and storage facilities shall meet the following criteria:

A. Agricultural resource industries such as packing, storage and distribution facilities lawfully permitted and established prior to adoption of or amendment to DCC Title 18 and as documented in DCC Section 18.82.020 shall not be considered nonconforming under the provisions of DCC Chapter 18.82. Authorization for the continuation/expansion of such uses shall be reviewed through the process described in DCC Section 14.10.040 and in accordance with all applicable provisions of the DCC.

B. A haul road agreement shall be required for all new and expanded agricultural resource industry facilities when locating within agricultural districts. The haul road agreement shall identify the intended routing of trucks to and from the facility. At no time shall the truck route include roads located within residential districts.

C. A traffic impact analysis shall be conducted prior to the issuance of a permit for development if required by the county engineer. The traffic impact analysis shall identify the traffic impacts anticipated and mitigation measures in accordance with DCC Chapter 20.30.

D. Facility design, development and operation shall be in conformance with all applicable standards and requirements of the DCC including, without limitation, provisions for access, road improvements, stormwater drainage, landscaping, light and glare, signs and parking.

E. Building height: sixty feet maximum height. For these uses, this height limit shall supersede building height requirements listed elsewhere in this title. (Ord. TLS 20-01-10B Exh. C (part): Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. F (part))

18.16.220 Agricultural support.

Agricultural support activities shall meet the minimum provisions of the DCC and the following provisions:

A. Ag-to-Ag Transfers. Where permitted, Ag-to-Ag transfers shall meet the following criteria:

1. The transfer of land area is solely for agricultural purposes;

2. Additional residential building sites are not created;

3. The Ag-to-Ag transfer shall be processed on forms provided by the department and is subject to limited administrative review pursuant to DCC Section 14.10.020;

4. A notarized certificate signed by both parties is recorded with the approved Ag-to-Ag transfer application. The notarized certificate shall state the purpose of the transfer and acknowledge that no new residential lots or parcels are created as a result of the transfer;

5. Ag-to-Ag transfers are not subject to the minimum lot size of the district within which the land involved is classified.

B. Family Farm Support Divisions. Where permitted, family farm support divisions shall meet the following criteria:

1. The minimum size of a family farm support lot shall be the minimum required by the Chelan-Douglas health district to provide domestic water and sewage disposal.

2. The maximum size of a family farm support lot is one acre. The lot size may be more than one acre to meet the domestic water and sewage requirements of the Chelan-Douglas health district, to encompass all existing outbuildings or to follow physical or natural features that act as obstacles to farming.

3. The maximum density permitted for family farm support divisions is the same as specified for the zoning district. Density is calculated for the entire parent parcel of record. All lots within the short plat, including any remainder parcels, and prior family farm support divisions which were a part of the same parent parcel, are subject to the maximum density standard of the district.

4. The maximum number of family farm support lots that may be created within a parent parcel is three.

5. The parent parcel must currently be assessed and classified as current use farm and agriculture land by the Douglas County assessor’s office as defined at RCW 84.34.020(2).

6. A notarized certificate shall be provided by the applicant declaring one of the following three statements as applicable to the creation of the family farm support lot(s):

a. The purpose of the applicant’s family farm support division is to provide a building site for a dwelling unit for an owner or manager of the agricultural operation.

i. Owner. Documentation must be submitted verifying the owner received taxable income directly from agricultural operations conducted on the parent parcel.

ii. Manager. Documentation must be submitted verifying the manager is actively engaged in managing agricultural operations and received taxable income directly from the agricultural operations and demonstrating that the agricultural operations require an on-site manager who devotes not less than one thousand hours per year to operations management. Payroll records for the five years preceding the application or a written evaluation from a qualified agronomist shall satisfy this requirement.

b. The purpose of the applicant’s family farm support division is to allow the existing owner of the parent parcel to retain the owner’s family home and sell or otherwise transfer ownership of the parent parcel.

c. The purpose of the applicant’s family farm support division is to allow the existing owner to create a separate parcel for a single-family residence or for a historic farmstead site established prior to December 16, 1997, so long as such farmstead site is not in active agricultural use. Where a historic farmstead site no longer contains a residence, the applicant shall provide documentation that a residence existed prior to December 16, 1997. Such documentation includes records maintained by the Douglas County assessor’s office, historic photos or building permits. Residential units established as temporary agricultural worker housing under Chapter 246-359 WAC, dependant care housing units established under DCC Section 18.80.160, accessory agricultural worker housing established under subsection C of this section, and accessory dwelling units established under DCC Section 18.16.170 do not qualify under this subsection.

7. Building sites on family farm support lots must be located where such development has the least impact to agricultural operations. Building sites shall be located in soils not categorized as prime and unique or in areas that are separated by natural barriers from agricultural operations. Location within prime or unique soils may be permitted if building elsewhere on the lot would create greater impacts to the agricultural operations. The department may require that the applicant provide a written evaluation from a qualified agronomist to demonstrate an alternative building site location is justified under this section.

8. All building sites must meet the requirements of DCC Section 18.16.080(I), Agricultural Buffer, unless a written, notarized waiver is obtained from all adjoining property owners conducting agricultural operations.

9. A note shall be placed on the face of the final short plat that all lots within the short plat, including the parent parcel, are not eligible for redivision under the provisions of subsection D of this section, Limited Land Segregation, subsection F of this section, Lot Size Reduction for Existing Dwellings, DCC Section 18.16.044, Clustering of existing rural and agricultural lots permitted, or DCC Section 18.16.046, Cluster divisions.

10. Parcels that have previously been amended or created by DCC Section 18.16.044, Clustering of existing lots permitted, DCC Section 18.16.046, Cluster divisions, or subsections D, Limited Land Segregation, and F, Lot Size Reduction for Existing Dwellings, of this section shall not be further divided under the provisions of this section. Lands previously divided pursuant to this section may be considered for further division under the provisions of DCC Section 18.16.046, Cluster divisions. All lots created from the parent parcel of the family farm support division shall be included in the density calculations for the cluster division.

11. The county engineer may defer road frontage improvements for county roads, where consistent with the provisions of DCC Title 12, Roads and Bridges. Deferral of road frontage improvements shall be conditioned upon the deferred frontage improvements being required to be constructed along the entire parent parcel upon further division or commercial or industrial development of any of the lots or a remainder parcel. This condition shall be referenced on the face of the final short plat.

C. Accessory Agricultural Housing. Where permitted, agricultural accessory housing shall meet the following criteria:

1. The farm or agricultural operation shall have a minimum of five acres in crop production;

2. Sanitary and health requirements of the Department of Labor and Industries, the Department of Health and the Chelan-Douglas health district shall apply;

3. The agricultural worker to be housed in the dwelling shall be employed in farming or agricultural operations on the premises or within the ownership of the agricultural operator;

4. A notarized certificate signed by the property owner certifying that the agricultural accessory housing is for the purposes of providing permanent or temporary housing for agricultural labor;

5. Agricultural accessory housing shall not be rented, leased or sold to the general public.

D. Limited Land Segregation. Where permitted, limited land segregations shall meet the following criteria:

1. One limited land segregation may be granted through the short subdivision process in those limited situations when the property is ten acres, or one-sixty-fourth of a section, in size or greater, including that area to the centerline of public rights-of-way; the property has not been involved in a cluster division process under DCC Section 18.16.044 or 18.16.046; no other land division methods including cluster divisions are available and the establishment of a residence on that land will not affect neighboring agricultural operations. Limited land segregations may be allowed where the applicant can demonstrate that the proposal will not adversely impact or interfere with accepted resource management practices on adjacent or nearby resource lands, given the type of resource production that is in the area and its relative susceptibility to nuisance complaints due to accepted resource operations and management practices. Where conflicts with resource management may exist, the applicant shall propose and be approved for the use of mitigation measures to effectively reduce the potential for land use conflicts and separate the site from active resource operations. Mitigation measures may include landscape buffers; special setbacks; screening; site design using physical features such as rock outcrops, ravines, roads, irrigation canals or critical areas; or proximity to established dwellings, small lots or other nonagricultural buildings.

2. Limited land segregations create two lots:

a. One lot that is intended for the establishment of a residence. The lot size for the new lot intended for the establishment of a residence shall be the minimum required by the Chelan-Douglas health district to address provisions for domestic water and sewage disposal unless adjusted to follow physical features that act as obstacles to resource management to a maximum of two acres.

b. One lot that is the remainder of the original parcel. Remainder lots must be at least equal in size to seventy percent of the original parcel of record as it exists at the time of the limited land segregation.

3. No lot, including the residential and remainder lots, created through the limited land segregation process, lot size reduction for existing dwellings or the cluster division process shall be further divided through the limited land segregation process.

4. A resource disclosure statement in accordance with DCC Section 18.16.180 shall be placed on the face of the final short plat.

5. The lot intended for the establishment of a residence shall not be created within Airport Protection Zones 1 through 3 and 5 of the National Transportation Safety Board (NTSB) when underlying Federal Aviation Part 77 transitional and horizontal surfaces of a general aviation airport.

6. The notice of application shall be mailed to twenty owners of property nearest to the parent parcel or all owners of property within one thousand feet of the parent parcel boundaries, whichever number of owners is greater.

7. The residential lot shall be owned and occupied by a relative related by blood, marriage, or adoption of the owner of the remainder parcel, the former owner of the remainder parcel, or a person employed on a full-time permanent basis by an agricultural operation that engages in agriculture on the remainder parcel. A condition on the approved short plat shall limit the ownership and occupancy of the residential lot as required by this subsection. A notice to title, acknowledged by the property owner and limiting ownership of the residential lot as required by this subsection, shall be recorded with the county auditor.

8. Lots created under this subsection shall not be used to support a de-designation of agricultural lands of long-term commercial significance, a comprehensive plan amendment, or a rezone.

E. Unsuitable Land Exception.

1. One unsuitable land exception lot may be granted through the short subdivision process in those limited situations when the property is greater than three acres, contains land that is unusable for agricultural purposes and establishment of a residence on that land will not affect neighboring agricultural operations, according to the following review criteria:

a. The applicant shall submit documentation that the proposed lot does not have soils meeting the following requirements, unless the lot is separated from other agricultural lands by buildings, roads or topographical features that function as barriers to agriculture:

i. Soils the Natural Resources Conservation Service classifies and maps as irrigated or non-irrigated Land Capability Classification System Class I, II, III and IV soils;

ii. Soils the Natural Resources Conservation Service identifies and maps as farmlands of statewide importance; or

iii. Soils the Natural Resources Conservation Service identifies and maps as prime or unique farmland.

b. In areas where irrigated agriculture is typical, the proposed lot is located in an area without irrigation water, as demonstrated by the unavailability of irrigation shares or rights, and the documented inability to acquire or to use them; provided, that this unsuitable land exception shall not be available for any proposed lot for which appurtenant water rights have been transferred or otherwise eliminated within ten years prior to the date of application.

c. The proposal will not adversely impact or interfere with the use of adjacent or nearby agricultural land for the production of food or agricultural products.

d. Use of mitigation measures to effectively prevent land use conflicts and separate the site from active agricultural operations, such as: landscape buffers; special setbacks; screening; site design using physical features such as rock outcrops, ravines, roads, irrigation canals or critical areas; or proximity to established dwellings, small lots or other nonagricultural buildings.

e. The unsuitable land exception is a permitted use in the AC-5 and AC-10 zoning districts, and prohibited in all other zoning districts.

2. The unsuitable land exception process may only be used in those situations where no other land division methods exist and the property has not been involved in a cluster division process under DCC Section 18.16.044 or 18.16.046, or a division under subsection B or D of this section.

3. If an unsuitable land exception lot is granted, it shall be one to three acres in size, except the director may authorize a larger lot size in order to: meet health requirements, follow physical features that act as obstacles to farming, or encompass existing improvements.

4. No lot that is or has been approved pursuant to this unsuitable land exception shall be further divided until such time the lot is included with an urban growth area.

5. Lots created pursuant to this unsuitable land exception shall be subject to the agricultural buffer standards of DCC Section 18.16.080(I), unless a written notarized waiver is obtained from all adjoining owners conducting agricultural operations.

7. Lots created under this unsuitable land exception shall not be used to support a de-designation of agricultural lands of long-term commercial significance, a comprehensive plan amendment, or a rezone.

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

1. The initial parcel shall be a minimum of five acres prior to any segregation;

2. When proposed lot size is the minimum necessary to incorporate legally constructed dwellings which are located on legal lots of record that have existed for at least fifteen years. This provision does not apply to accessory dwelling units, dependent care housing or farm worker housing;

3. The proposed lot has adequate access;

4. The lot size meets the provisions of the Chelan-Douglas Health District;

5. Division is completed through a short subdivision process;

6. The short subdivision process authorized by this subsection shall designate residential building areas outside of Accident Protection Zones 1–3 and 5 of the National Transportation Safety Board (NTSB) when underlying a Federal Aviation Part 77 Transitional and Horizontal Surfaces of the General Aviation Airport;

7. Lots that have previously been amended or created by DCC Section 18.16.044, Clustering of existing lots, DCC Section 18.16.046, Cluster divisions, or subsection D of this section, Limited Land Segregation, shall not be further divided under the provisions of this section;

8. Lots created under this subsection shall not be used to support a de-designation of agricultural lands of long-term commercial significance, comprehensive plan amendments, or a rezone. (Ord. TLS 21-07-21B Exh. C; Ord. TLS 12-16-49 Exh. A; Ord. TLS 12-03-05B Exh. B; Ord. TLS 12-02-05 Exh. B (part); Ord. TLS 09-10-49D Exh. B (part); Ord. TLS 08-03-05 Exh. B (part): Ord. TLS 05-01 Att. B (part): Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 00-02-06 Exh. B (part): Ord. TLS 97-10-71B Exh. F (part))

18.16.230 Home fruit stands.

Home fruit stands are permitted uses within all agricultural and rural zoning districts provided the following criteria are met:

A. The maximum area devoted to retail sales space shall not be greater than one thousand seven hundred sixty-four square feet in area;

B. A minimum of seventy-five percent of the products sold are produced by the owner/operator on site. Nonproduce items for sale shall be of an incidental, accessory nature to the primary products offered for sale;

C. Ingress and egress to the site shall be approved by the county engineer and/or WSDOT if appropriate;

D. Off-street parking shall be required in accordance with DCC Chapter 20.42; and

E. Signs shall not exceed a total of thirty-two square feet in area for wall mounted signs and thirty-two square feet of free standing or monument signs; signs shall meet the provisions set forth in DCC Chapter 20.44. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. F (part))

18.16.250 Public transit development.

Property owners and/or developers of proposed developments or other types of land uses located within the Link transit service area and which generate two hundred average daily or twenty peak hour vehicle trips, as determined by the county engineer, shall negotiate with the public transit authority for provision of facilities that would enhance the area for public transit. Improvements may include bus shelters, pull-outs, transit stops, and/or other necessary facilities to off-set transportation system impacts of the development and shall be analyzed as part of a traffic impact analysis prepared in accordance with DCC Chapter 20.30. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. F (part))

18.16.270 Light and glare.

Parking lot lights, security lights, or any exterior lighting shall be of low-intensity and designed to project toward the property, or shall be shielded to keep light from directly projecting over property lines. Single-family residential dwellings are exempt from this provision. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. F (part))

18.16.300 Bed and breakfast facilities for three or fewer rooms.

A. Bed and breakfast facilities shall meet all applicable health, fire safety, and building codes;

B. The bed and breakfast facility shall be the principal residence of the operator;

C. One sign nonilluminated or lighted with external direct lighting not to exceed sixteen square feet in area shall be permitted;

D. Driveways accessing a bed and breakfast shall be approved by the fire marshal and shall have a minimum easement width of thirty feet with an improved all-weather surface of twenty feet and be constructed at an acceptable grade;

E. One off-street parking space shall be provided for each room available for patrons in addition to the off-street parking spaces required for the underlying district. Patron parking shall not be located within any required front or side yard or setback area;

F. Outdoor activity shall be limited to the hours of nine a.m. to ten p.m., unless otherwise approved by the review authority; and

G. A resource disclosure statement shall be recorded on the deed of record in accordance with DCC Section 18.16.180 if applicable. (Ord. TLS 03-01-01B Exh. B (part))

18.16.310 Inert waste storage—General provisions.

A. Inert waste storage/treatment piles may be authorized on lands that are encompassed by a valid conditional use permit issued by Douglas County for mineral extraction and processing. The inert waste storage/treatment piles must be operated and maintained in a manner consistent with the standards established by the conditional use permit.

B. Inert waste storage/treatment piles may be authorized when they are necessary as an accessory component of a commercial and industrial construction project authorized by a Douglas County permit. Piles are to be directly related to the project and must be on the property subject to the permit or within reasonable proximity as determined by the land services director. Residential properties cannot be used. Materials must be removed and sites reclaimed prior to final building inspection and/or occupancy, whichever comes first.

C. Short-term storage shall not exceed eighteen months from date of approval. An extension of the eighteen-month time limit for short-term inert waste storage/treatment piles may be authorized by the land services director for good cause (e.g., unexpected delays in completing a contracted job, or obtaining a conditional use permit for permanent status). The extension of time shall not exceed one six-month period. (Ord. TLS 08-03-05 Exh. B (part): Ord. TLS 05-01 Att. B (part))

18.16.320 Utilities, communication and transmission facilities.

The following minimum conditions shall apply:

A. Adequate ingress and egress to the site shall be provided pursuant to DCC Title 12;

B. If the use requires parking, said parking shall be in accordance with DCC Chapter 20.42;

C. If the use involves outside storage, the use shall be enclosed in a view-obscuring fence or total view-obscuring landscape buffer;

D. A plan for the control of noxious and problem weeds must be submitted and implemented upon approval;

E. The minimum lot size in the district that a utility structure is located in may be waived upon a finding that the waiver will not result in detrimental effects to adjacent properties.

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

2. When the minimum lot size is waived for utilities exempted from platting by RCW 58.17.040(9), a notice to title shall be recorded with the county auditor stating that the parcel is not an allowable building site other than for the permitted utility use. The notice shall be in a form approved by the land services director.

F. In general, utility uses in the rural area shall be designed and constructed to harmonize with the character of the surrounding area. Landscaping alternatives incorporating water conservation, such as xeriscaping, are preferred. The land services director is granted broad authority and discretion to approve modifications to landscape standards. (Ord. TLS 05-02-34B Att. B (part))

18.16.330 Infrastructure.

There exists in the county a network of infrastructure necessary to support various uses and activities. These include utility transmission lines (electrical, communication, irrigation and domestic water, sanitary and storm sewer, etc.) and transportation systems (motorized and nonmotorized) including streets, highways, pedestrian and bicycle ways, bus stops and shelters. These activities are considered necessary infrastructure and are outright permitted under the terms of this title. Nothing in this section exempts these activities from compliance with the standards of other portions of the county code including without limitation those portions of the county code pertaining to critical areas, shoreline management, right-of-way franchise, road standards, and building and fire safety. (Ord. TLS 08-11-47D Exh. B (part))

18.16.340 Electric vehicle infrastructure.

A. Purpose. The purpose of this section is to facilitate adequate and convenient electric vehicle infrastructure to serve the needs of the traveling public, provide opportunities for Douglas County residents to have safe and efficient personal electric charging stations located at their place of residence, and to provide the opportunity for commercial and industrial developments to supply electrical vehicle charging station services to their customers and employees.

B. Where Authorized.

1. Level 1 and Level 2 charging stations shall be permitted uses in all mixed use, commercial and industrial districts; and accessory uses in all other districts.

2. Level 3 charging stations shall be permitted uses in all mixed use, commercial and industrial districts; conditional uses in rural service centers; and accessory uses in all other districts.

3. Battery exchange stations shall be permitted uses in all mixed use, commercial and industrial districts only.

C. Review Process.

1. Charging Stations. In general, charging stations do not require permits from Douglas County unless their installation involves new construction, additions and/or structural alterations to existing buildings, or if their installation is governed by other requirements of the county code. Electrical installations are under the administration of the Washington State Department of Labor and Industries and no aspect of the electrical infrastructure is administered by Douglas County.

2. Battery Exchange Stations. Installation of a battery exchange station shall be processed in accordance with DCC Section 14.10.030 for full administrative review of applications. Applications shall be reviewed concurrently with other required permit applications.

D. Design Criteria.

1. Design criteria for electric vehicle charging stations or battery exchange stations within commercial, industrial, and mixed-use zoning districts:

a. Electric vehicle charging stations shall be reserved for parking and charging electric vehicles only.

b. Each charging station space should be posted with signage indicating the space is only for electric vehicle charging purposes. Signage should include identifying voltage and amperage levels, time of use, fees or safety information.

c. Installation of wayfinding signs should be conveniently located to effectively guide motorists to the charging station space(s).

d. Where charging station equipment is provided adjacent to a pedestrian circulation area, such as a sidewalk or accessible route to the building entrance, charging equipment should be located so as to not interfere with accessibility requirements of WAC 51-50-005, as amended.

e. Design should be appropriate to the location and use. Facilities should be able to be readily identified by electric cars users but blended into the surrounding landscape/architecture for compatibility with the character and use of the site. (Ord. TLS 11-01-01 (part))

18.16.350 Energy generation as an accessory use.

A. Solar Energy Generation.

1. Purpose. To promote the safe, effective and efficient use of solar energy systems installed to reduce/replace the on-site consumption of utility supplied energy.

2. Where Authorized. Solar energy generation systems shall be authorized as an accessory use to a permitted use in all rural and agricultural zoning districts.

3. Height. Roof- and ground-mounted systems shall not exceed the maximum building height of the zoning district.

4. Setbacks. Roof- and ground-mounted systems shall observe all front, side and rear setback standards in accordance with this chapter. In no instance shall any part of a roof-mounted solar energy system extend beyond the edge of the roof.

5. Lot Coverage. The surface area of a ground-mounted system, regardless of the mounted angle, shall be calculated as part of the overall lot coverage.

6. General Standards.

a. Building permits shall be obtained for all roof-mounted solar energy systems.

b. A roof-mounted system may be mounted on a principal building or accessory building.

c. Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways.

d. All small energy systems that are connected to the utility grid shall comply with the requirements of Chapter 80.60 RCW, Net Metering of Electricity.

B. Wind Energy Generation.

1. Purpose. To promote the safe, effective and efficient use of wind energy installed to reduce/replace on-site consumption of utility supplied energy.

2. Where Authorized. Wind energy generation systems shall be authorized as an accessory use to a permitted use in all rural and agricultural zoning districts.

3. Height. Turbines shall not exceed three hundred twenty feet above grade. Rotors shall not exceed one hundred twenty feet in diameter.

4. Setbacks. The setback for ground-mounted systems shall be two times the height of the wind turbine from the outer perimeter’s edge of the wind farm project boundaries and a one-hundred-foot buffer setback from the outer permitted edge of the solar farm project boundaries. (Ord. TLS 22-06-24B Att. A; Ord. TLS 22-02-02B § 4 (Att. A); Ord. TLS 12-10-17B Exh. B (part))

18.16.355 Energy generation as a primary use.

A. Primary use energy facilities applications shall be approved by the Energy Facility Site Evaluation Council per Chapter 80.50 RCW prior to requesting permits from the county.

B. Facilities shall not be located, under any circumstance, within seven miles from an urban growth area boundary, or city/town limits boundary, municipal airport boundary, Pangborn Airport boundary and Pangborn Airport outer overlay zone boundary.

C. Facilities shall not be located within seven miles from a habitat boundary with sensitive, candidate, threatened or endangered plants, priority species and their habitat as identified by the Washington State Department of Fish and Wildlife and the United States Fish and Wildlife Service.

1. Reduction of the minimum seven-mile setback from the habitat boundary may be allowed upon submittal of a Washington State Department of Fish and Wildlife approved habitat management and mitigation plan when proposed mitigation provides greater ecological value to species and their habitat than what currently exists at the proposed project location; or

2. Reduction of the minimum seven-mile setback from the habitat boundary may be approved if the Washington State Department of Fish and Wildlife receives payment in lieu of on-site and/or off-site mitigation; or

3. Reduction of the minimum seven-mile setback from the habitat boundary can be approved by a combination of both subsections (C)(1) and (2) of this section, if approved by the Washington State Department of Fish and Wildlife.

D. Planning and site evaluation shall include implementation of RCW 36.21.320, and also provide early notification and coordination to the military to assist in resolving land use conflicts within the military training routes (MTRs) in all areas of the county.

E. Planning and siting of facilities shall include and demonstrate compliance with Growth Management Act goals and policies, including federal and local plans and regulations. (Ord. TLS 22-06-24B Att. A; Ord. TLS 22-02-02B § 4 (Att. A))

18.16.360 Marijuana cooperatives prohibited.

Marijuana cooperatives, as defined and described in RCW 69.51A.250 as it now exists or may hereafter be amended, are prohibited in all areas of unincorporated Douglas County regardless of zoning district classification. (Ord. TLS 17-01-02B Exh. A (part))