Chapter 11.88
SUPPLEMENTARY PROVISIONS AND ACCESSORY USES

Sections:

11.88.010    General regulations.

11.88.020    Concurrency.

11.88.030    Livestock.

11.88.040    Setback provisions.

11.88.045    Lot coverage exemption.

11.88.050    Public transit development.

11.88.060    Unsuitable land.

11.88.070    Ingress, egress and driveway requirements.

11.88.080    Light and glare.

11.88.090    Clear view triangle.

11.88.100    Inoperable vehicles.

11.88.120    Exception to building height limitation.

11.88.130    Irregular-shaped lots.

11.88.140    Projections from buildings.

11.88.150    Verification of adequate provisions for domestic water and sewage disposal.

11.88.155    Location of wellhead protection and sanitary control areas.

11.88.160    Manufactured housing.

11.88.170    Accessory uses and structures.

11.88.175    Caretaker dwelling units.

11.88.190    Construction hours in and near residential areas.

11.88.200    Accessory dwelling unit.

11.88.210    Bed and breakfast.

11.88.220    Developed open space.

11.88.230    Home occupations.

11.88.240    In-home daycare.

11.88.250    Low impact public facility.

11.88.260    Roadside stand/winery/nursery/ value-added operation less than one thousand five hundred square feet of retail space.

11.88.010 General regulations.

(1) Except as specifically provided in this title, only one primary residential structure per lot is allowed in those zones that permit residential uses.

(2) Riparian habitat restoration/rehabilitation projects by an agency whose mandate includes such work which is unassociated with the mitigation of a specific development proposal shall be exempt from the provisions of this title. (Res. 2007-98 (part), 7/2/07: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.88.020 Concurrency.

No development permit requiring approval under this title shall be approved without a written finding that:

(1) After the 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, concurrently with the demand for such services and facilities.

(2) No county facilities will be reduced below adopted levels of service as a result of the development. (Res. 2007-98 (part), 7/2/07: Res. 2007-53 (part), 3/27/07; Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.88.030 Livestock.

(1) A fence adequate to contain the animals shall be maintained at all times.

(2) Animal Densities.

(A) Inside a county urban growth area:

(i) Lots less than one acre: no livestock is permitted.

(ii) Lots one acre or greater:

(a) One head of livestock per acre, including cattle, bison, sheep, goats, swine, horses, mules, llamas, ostriches and other like animals.

(b) Twelve poultry, rabbits or other similarly sized animals per acre.

(B) Outside an urban growth area:

(i) Lots less than one-half acre:

(a) No livestock.

(b) Twenty-four poultry, rabbits or other similarly sized animals.

(ii) Lots one-half acre or greater, but less than five acres:

(a) One head of livestock per one-half acre, including cattle, bison, sheep, goats, swine, horses, mules, llamas, ostriches and other like animals.

(b) Twenty-four poultry, rabbits or other similarly sized animals per one-half acre.

(iii) Lots five acres or greater:

(a) Four head of livestock per acre, including cattle, bison, sheep, goats, swine, horses, mules, llamas, ostriches and other like animals.

(b) Twenty-four poultry, rabbits or other similarly sized animals per one-half acre.

(3) All structures for the housing of small stock (chickens, rabbits and similarly sized animals) must be located at least fifteen feet from any property line.

(4) All structures for the housing of all other livestock must be located at least twenty-five feet from any property line.

(5) The property shall be maintained in a clean, sanitary condition so as to be free from offensive odors, fly breeding, dust and general nuisances and shall be in compliance with health district regulations.

(6) Adequate measures shall be taken to properly dispose of animal wastes. Accumulations of animal waste shall be prohibited from being stored closer than one hundred feet from any off-premises dwelling, surface water, and any domestic or irrigation well. Waste from swine shall be prohibited within two hundred feet of any surface water and domestic or irrigation well.

(7) Pastures shall be maintained with a permanent, uniform vegetative top cover and shall be kept free of noxious weeds. (Res. 2007-98 (part), 7/2/07: Res. 2005-66 (part), 6/28/05: Res. 2003-07 (part), 1/21/03; Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.88.040 Setback provisions.

(1) A zero-foot setback from property lines is allowed for bus shelters and related transit amenities.

(2) Reduction of Front Yard Setback Requirements Due to Slope. Front yard setback requirements may be reduced under the following conditions; see Graphics G-1A and G-1B in Appendix A:

(A) The front yard requirement may be reduced to twenty feet from the street right-of-way or fifty feet from the street centerline, whichever distance is greater, when the average natural slope is fourteen percent or greater, as calculated within the area defined by the width of the proposed structure, projected out to the front property line, and within the first fifty feet of lot depth;

(B) The front yard requirement may be reduced to fifteen feet from the street right-of-way or forty-five feet from the street centerline, whichever distance is greater, when the average natural slope is twenty-five percent or greater, as calculated within the area defined by the width of the proposed structure, projected out to the front property line, and within the first fifty feet of lot depth;

(C) The front yard requirement may be reduced to twelve feet from the street right-of-way or forty-two feet from the street centerline, whichever distance is greater, when the average natural slope is fifty percent or greater, as calculated within the area defined by the width of the proposed structure, projected out to the front property line, and within the first fifty feet of lot depth; and

(D) If the front yard requirement is to be reduced under the conditions specified in this section (slope reduction) only, all driveways and entrances to garages and carports shall be parallel or nearly parallel to the street. The purpose of this regulation is to avoid backing of vehicles directly onto the street and to allow vehicles to be completely outside the structure before entering the street where sight distance may be limited due to slope; see Appendix Graphics G-1A through G-1C.

(3) Regardless of side and rear yard requirements of the district, a side or rear yard may be reduced to five feet for an accessory structure erected more than sixty feet from streets, other than alleys, provided the structure is located ten feet or greater from any other building.

(4) Accessory structures may be built within a required rear yard; provided, that structures do not occupy more than fifty percent of the rear yard area; and provided, that the rear yard does not abut upon any street other than an alley.

(5) If dwellings are present on both adjoining lots, each with a required front yard less than the required size for the district, the front yard for the lot may be reduced to the average distance of the two adjoining lots.

(6) Lots with street frontage on two opposite sides shall maintain front yard setbacks on both street frontages.

(7) Setbacks from easements shall be maintained as follows:

(A) Setbacks from ingress/egress easements shall maintain a minimum five-foot setback from the easement line. The director shall have the authority to grant administrative modification from the minimum five-foot setback requirement as follows:

(i) The setback requirement may be adjusted pursuant to a reasonable use determination using the criteria from Section 11.98.020(5). However, in no case shall the setback be reduced below two feet.

(ii) The setback requirement may vary subject to condition of a prior subdivision approval.

(iii) The setback requirement may vary subject to the nonconformity provisions of this title.

(iv) No existing structures will be deemed nonconforming due to the adoption of this code amendment.

(B) For all easements, Chelan County assumes no liability whatsoever for the existence, status, location, nor nature of said easements.

(8) No dwelling unit adjacent to the commercial agricultural zoning district shall be placed within one hundred feet of a property line, including those across a right-of-way. The entire width of any public right-of-way may be used as part of the setback area. However, in no case shall the setback from a public right-of-way be less than fifty-five feet from centerline or twenty-five feet from the front property line, whichever is greater; see Graphic G-2 in Appendix A.

(9) Where a project proposal is within ten percent of meeting the established minimum requirements for setback areas within the applicable zoning district, said proposal may be authorized by the administrator through a limited administrative review process identified in Title 14 of the Chelan County Code, subject to the following:

(A) No reasonable alternative exists, as determined by the administrator based on the following:

(i) Topographic issues.

(ii) Unique physical characteristics.

(iii) Existing permitted structure(s) on the project site. (Res. 2014-38 (Atts. A, B) (part), 4/15/14; Res. 2011-110 (Att. A), 11/29/11; Res. 2011-86 (Att. A) (part), 10/4/11; Res. 2009-122 (Exh. A) (part), 11/3/09: Res. 2007-98 (part), 7/2/07: Res. 2003-95, 7/22/03; Res. 2002-8 (part), 1/15/02: Res. 2001-60 (part), 4/17/01).

11.88.045 Lot coverage exemption.

Where a project proposal is within ten percent of meeting the established minimum requirements for lot coverage within the applicable zoning district, except within the planned unit development overlay district (PDD), said proposal may be authorized by the administrator through a limited administrative review process identified in Title 14 of the Chelan County Code; subject to the following:

(1) No reasonable alternative exists, as determined by the administrator based on the following:

(A) Topographic issues.

(B) Unique physical characteristics.

(C) Existing permitted structure(s) on the project site. (Res. 2011-86 (Att. A) (part), 10/4/11).

11.88.050 Public transit development.

Property owners and/or developers of proposed developments requiring a development permit required under this title and located within the LINK transit service area which generate two hundred average daily trips or twenty peak hour vehicle trips or greater, as determined by the county engineer, shall negotiate with the public transit authority for the provision of facilities to address the impacts associated with the development as it relates to providing public transit in compliance with Chelan County Code Title 15. Improvements may include, but are not limited to, bus shelters, pull-outs, transit stops and/or other necessary facilities to offset transportation system impacts of the development. (Res. 2009-122 (Exh. A) (part), 11/3/09: Res. 2007-98 (part), 7/2/07: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.88.060 Unsuitable land.

Land which is determined to be unsuitable for the development of all permitted, accessory, administrative or conditional uses as defined by this title due to the potential failure to adequately mitigate life, health and safety issues shall not be developed unless the developer formulates adequate safeguards that are approved by the administrator or the appropriate hearing body. The safeguards shall be based on technical data and/or professional review as deemed necessary by the administrator or appropriate hearing body and in conformance with the critical area regulations contained in this title. If no adequate safeguards are available, the unsuitable land area shall be retained for agricultural, forestry, or open space purposes and properly redesigned as such in the next amendment of the comprehensive plan. Land can only be declared unsuitable through a resolution adopted by the board of Chelan County commissioners. (Res. 2007-98 (part), 7/2/07: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.88.070 Ingress, egress and driveway requirements.

(1) In all districts, driveway and roads standards contained in Chapter 15.30 shall apply for all development permits requiring approval under this title.

(2) An applicant for a development permit under this title shall obtain a driveway approach permit from the county engineer, except for existing approaches under Section 8.60.010, or instances where vehicular access is not required for the development permit, such as docks and piers and structures located on properties not accessed by motor vehicles.

(3) An applicant for a development permit under this title shall dedicate, when determined necessary by the county, right-of-way in conformance with the provisions contained in Chapter 15.30 and RCW 82.02.020.

(4) All uses requiring approval of a development permit under this title shall abut on or be accessed by a public or private road meeting the standards outlined in Chapter 15.30. Primitive and U.S. Forest Service roads are not considered adequate access for these purposes, except as provided below:

(A) The following uses can be allowed for property with access by a primitive road or U.S. Forest Service roads:

(i) Single-family residences;

(ii) Single-family accessory buildings;

(iii) Agricultural operational buildings;

(iv) Essential public facilities;

(v) Developed open space;

(vi) Passive recreation including nature trails, picnicking, sight-seeing, horseback riding, and necessary associated amenities, such as playground equipment, picnic shelters, equipment storage, signage, parking areas, restroom facilities;

(vii) Two lot short plats are allowed off a primitive road as long as the projected AADT is less than 100.

(B) All uses or development with access by a U.S. Forest Service road shall require proof of access from the U.S. Forest Service.

(C) As a condition precedent for granting any permit for a use or development with access by a primitive road, the applicant shall sign and record with the county auditor a notice to title setting forth that the applicant and applicant’s successors waive all objection to formation of a road improvement district for improvement of the primitive road when the county engineer determines that the average annual daily traffic upon the primitive road exceeds one hundred. (Res. 2010-68 (part), 7/13/10; Res. 2009-122 (Exh. A) (part), 11/3/09: Res. 2007-98 (part), 7/2/07: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.88.080 Light and glare.

Parking lot lights, security lights, or any exterior lighting shall be low-intensity, nonflashing and designed to project toward the property or shall be shielded to keep light from directly projecting over property lines. (Res. 2007-98 (part), 7/2/07: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.88.090 Clear view triangle.

(1) All corner lots at unsignalized (traffic signal) street intersections or railroads shall maintain, for safety vision purposes, a clear view triangle. The triangle shall consist of the area bounded by the centerlines of the intersecting streets extending along the centerlines for a distance of eighty feet from the intersection and a straight line connecting the ends of these two lines; provided, that each of the intersecting streets extend at least one hundred feet from the point of intersection.

(2) Nothing within the clear view triangle shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between the heights of three feet and ten feet above grade of centerline. (Res. 2007-98 (part), 7/2/07: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.88.100 Inoperable vehicles.

(1) No more than three hulk or abandoned vehicles, as defined by Title 9 of the Chelan County Code, or derelict vehicles and trailers, or parts thereof, shall be stored on a parcel or lot. Said vehicles and trailers, or parts thereof, shall be removed at the property owner’s expense within fourteen days of official notification. This shall include vehicles and trailers parked on private property, and streets, roads or rights-of-way within public view. If fourteen days after official notification the vehicles are not removed, the inoperable vehicle(s) or equipment may be removed by the county, at the owner’s expense.

(2) Property owners, or owners of derelict, inoperable or abandoned vehicles and trailers shall have the right to retain the above if contained in an enclosed structure, or if visually screened from public roads or private roads open to public use or surrounding property. (Res. 2009-122 (Exh. A) (part), 11/3/09: Res. 2007-98 (part), 7/2/07: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.88.120 Exception to building height limitation.

The following types of structures or structural parts are not subject to the building height limitations of this title: aerials, belfries, chimneys, church spires, cupolas, domes, fire and hose towers, flagpoles, monuments, observation towers, radio, telecommunication and television towers, smoke stacks, water towers, windmills and other similar projections. None of these exemptions, except chimneys, shall be used for or attached to residential structures. (Res. 2015-73 (Atts. A, B) (part), 8/4/15: Res. 2007-98 (part), 7/2/07: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.88.130 Irregular-shaped lots.

(1) In the case of a triangular shaped lot, the rear lot line shall be parallel to and at the maximum distance from the front lot line, see Appendix A Graphics G-3.

(2) In the case of “panhandle,” “flag” or other irregularly shaped lots, the front yard setback shall be measured at the nearest point from the front lot line where the lot meets the minimum width for the zoning district in which it is situated, see Appendix A Graphics G-3.

(A) The administrator may reduce the front yard setback to ten feet for “flag” lots where one or more of the following conditions are present:

(i) Where lot width cannot be met, front lot line shall be determined by the administrator.

(ii) Where lot depth is less than one hundred feet, as measured from the required lot width to the rear property line.

(iii) Where topographical or other critical area requirements limit the building area. (Res. 2014-38 (Atts. A, B) (part), 4/15/14: Res. 2009-122 (Exh. A) (part), 11/3/09: Res. 2007-98 (part), 7/2/07: Res. 2002-105 (part), 7/16/02: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.88.140 Projections from buildings.

(1) Cornices, eaves, gutters and sunshade features may not project more than two feet into a required yard setback.

(2) Projections for foundation support, such as attached wing-walls, landscape walls, or similar structures, may project into the required yard setback but shall not project into any critical area (including shoreline) or associated buffer or cross property lines. (Res. 2014-38 (Atts. A, B) (part), 4/15/14: Res. 2009-122 (Exh. A) (part), 11/3/09: Res. 2007-98 (part), 7/2/07: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.88.150 Verification of adequate provisions for domestic water and sewage disposal.

No building or structure to be used for human habitation or commercial enterprise shall be erected, nor shall any such building or structure be moved, altered, enlarged or rebuilt unless the building or structure has adequate provisions for domestic water supply and sewage disposal. The domestic water and sewage disposal system shall be approved by the Chelan-Douglas health district before certificate of occupancy of the building or structure. (Res. 2007-98 (part), 7/2/07: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.88.155 Location of wellhead protection and sanitary control areas.

The wellhead protection or sanitary control area or zone is governed by the Chelan Douglas Health District. (Res. 2014-38 (Atts. A, B) (part), 4/15/14).

11.88.160 Manufactured housing.

Manufactured and mobile housing shall be permitted as a single-family dwelling unit in all districts allowing residential uses when placed in accordance with the manufacturer’s setup manual. Uninstalled manufactured and mobile homes, or buildings from other sites, may only be stored on a property while building and development permits are being processed and issued for that structure’s installation on that property, except storage of the structure on a manufactured home sales lot. (Res. 2009-122 (Exh. A) (part), 11/3/09: Res. 2007-98 (part), 7/2/07: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.88.170 Accessory uses and structures.

Accessory uses are permitted upon compliance with the terms and provisions of this title. They must be clearly secondary to, supportive of, and must be compatible with the principal use(s) and consistent with the purpose and intent of the zoning district:

(1)(A) Fences shall be erected and maintained to a height not to exceed six feet in the side or rear yard area and four feet in the front yard, except on corner lots.

(B) Fences for public facilities, utilities, industrial, agricultural and commercial uses may be erected and maintained to a height not to exceed eight feet in the side or rear yard area and four feet in the front yard, except on corner lots.

(C) On corner lots, all fences located in the building setback for either street shall not exceed four feet, except where superseded by a clear view triangle (Section 11.88.090) which limits height to three feet.

(D) Fences outside of the building setback or required yard areas do not have a height restriction.

(E) All fences over seven feet (or as required by the International Building Codes) require a building permit.

(2) Swimming pools shall not be located within a required front yard setback area. Additionally, pools must be in compliance with Appendix G of the IRC, current edition;

(3) In any district that permits single-family residences, freestanding decks shall have a maximum height of thirteen feet;

(4) In any district that permits single-family residences, the renting of rooms to not more than two boarders, roomers, or lodgers is permitted as an accessory use;

(5) Dwellings may be located on upper floors of commercial structures in commercial districts;

(6) Temporary occupancy of not more than two recreational vehicles per lot for a time period of not more than ten days during any sixty-day period is permitted, provided each unit is parked on an off-street parking space outside of any required front or side yard and no rental fees are charged;

(7) In all zoning districts that permit the handling and processing of hazardous wastes, on-site waste treatment facilities shall be permitted as an accessory use; provided, that such facilities meet the state siting criteria adopted pursuant to Chapter 70.105 RCW;

(8) Temporary agricultural worker housing (occupied on a seasonal basis) shall be permitted when consistent with zoning;

(9) Permanent agricultural worker housing (occupied year-round) shall be permitted; provided, that the following conditions are met:

(A) The dwelling units are subject to all applicable building and health regulations;

(B) 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 administrator;

(C) 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;

(D) The total number of dwelling units shall not exceed the density of the district, excluding the primary residence;

(E) One parking space per residential unit, not within a required yard setback, shall be provided;

(10) Storage.

(A) Outside storage shall be maintained in an orderly manner and shall create no fire, safety, health or sanitary hazard;

(B) Required front yard areas shall not be used for storage;

(C) Commercial/Industrial Storage. Every reasonable effort shall be made by persons operating a business to store all such materials within an enclosed building with the following exceptions:

(i) Where inside storage is not practical or desired for reasons related to health, fire or safety codes;

(ii) Where outside storage of merchandise is a normal and standard practice;

(D) Uninstalled mobile/manufactured homes or buildings from other sites, see Section 11.88.160;

(E) Vehicles. Unless addressed within a municipal urban growth area, no more than a combined total of five cars, boats, trucks or recreational vehicles per dwelling unit may be stored outside of an enclosed building on any lot, with no more than two of the five being inoperable vehicles regulated under Section 11.88.100. An exemption to this provision is the storage of operable agricultural equipment used for agricultural purpose;

(11) Governing Standards.

(A) An accessory structure shall meet the dimensional standards of the district in which it is located, except as modified by this chapter.

(B) Accessory structures shall not be used as a dwelling unit, defined by the IRC, unless allowed under this title.

(C) Regardless of side and rear yard requirements of the district, a side or rear yard may be reduced to five feet for an accessory structure erected more than sixty feet from streets, other than alleys, provided the structure is located ten feet or greater from any other building.

(D) Accessory structures may be built within a required rear yard; provided, that structures do not occupy more than fifty percent of the rear yard area; and provided, that the rear yard does not abut upon any street other than an alley.

(E) Accessory buildings shall not exceed the building height limitation set forth in the applicable zoning district, except for barns and similar agricultural buildings shall not exceed fifty feet in height. (Res. 2014-38 (Atts. A, B) (part), 4/15/14; Res. 2009-122 (Exh. A) (part), 11/3/09: Res. 2007-98 (part), 7/2/07: Res. 2002-105 (part), 7/16/02; Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.88.175 Caretaker dwelling units.

Where permitted in the Chelan County Code Section 11.04.020 district use chart, caretaker dwelling units may be placed subject to the following standards:

(1) Dwelling units floor area shall be equal to or less than one thousand two hundred square feet.

(2) One additional structure may be permitted for a garage and or storage when equal to or less than three hundred square feet. (Res. 2011-86 (Att. A) (part), 10/4/11).

11.88.190 Construction hours in and near residential areas.

No construction activity shall be permitted within one thousand feet of an occupied residence between the hours of 8:00 p.m. to 6:00 a.m., Monday through Friday, and 8:00 p.m. to 7:00 a.m. on weekends. (Res. 2007-98 (part), 7/2/07: Res. 2003-07 (part), 1/21/03).

11.88.200 Accessory dwelling unit.

Accessory dwelling units shall meet the following criteria:

(1) There shall be no more than one accessory dwelling unit per lot in conjunction with a single-family dwelling unit.

(2) An accessory dwelling unit may be attached to, created within, or detached from a new or existing single-family dwelling unit.

(3) The accessory dwelling unit will require one parking space, which is in addition to any off-street spaces required for the primary residence.

(4) The floor area of the accessory dwelling unit may be attached to, created within, or detached from a new or existing single-family dwelling unit; provided, that the floor area of an accessory dwelling shall not exceed one thousand two hundred square feet. Excluded from the calculation of the allowed floor area are the following: garages, and any space subservient to the primary garage use (e.g., storage, mechanical, bathroom, utility room), carports, stairwells and uncovered decks.

(5) The property owner (which shall include title holders and contract purchasers) shall occupy either the primary unit or the accessory unit as their permanent residence.

(6) No recreational vehicle shall be considered an accessory dwelling unit.

(7) A common driveway servicing both the existing or new single-family dwelling unit and the accessory dwelling unit shall be used to the greatest extent possible.

(8) Both the titleholder and the director of the Chelan County community development department shall sign a notice to title. Said notice to title shall be notarized, and be recorded by the Chelan County auditor for the property prior to building permit issuance stating:

The separate sale or division of the accessory dwelling unit from the single-family dwelling unit is prohibited, unless all standards in zoning and subdivision can be met. This covenant is intended to run with the land burdening and benefiting the parties’ successors and assigns.

(Res. 2015-73 (Atts. A, B) (part), 8/4/15; Res. 2011-86 (Att. A) (part), 10/4/11: Res. 2009-122 (Exh. A) (part), 11/3/09: Res. 2007-98 (part), 7/2/07).

11.88.210 Bed and breakfast.

Bed and breakfast operations may have three or less lodging units for rent and shall meet the following criteria:

(1) Bed and breakfast facilities shall meet all applicable health, fire safety and building codes and shall be operated so as to not give appearance of being a business, and those facilities shall not infringe upon the right of neighboring residents to peaceful occupancy of their home.

(2) The bed and breakfast facility shall be the principal residence of the operator.

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

(4) Driveways accessing a bed and breakfast 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 patron parking space in addition to the residential parking requirements, not located within a setback, shall be provided for each lodging unit rented.

(6) The administrator may impose other conditions, such as additional parking, 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 or the facility. (Res. 2009-122 (Exh. A) (part), 11/3/09: Res. 2007-98 (part), 7/2/07).

11.88.220 Developed open space.

(1) Developed open space normally is considered a permitted use with the following criteria:

(A) Lighting shall be directed away from adjoining residential zones.

(B) Hours of operation shall be established for a proposed nighttime use. The administrator may impose hours of operation for other uses.

(C) The administrator may require fencing, screening and/or landscape buffers to screen outside storage or any other conditions to mitigate any adverse impact to surrounding property. (Res. 2014-38 (Atts. A, B) (part), 4/15/14: Res. 2009-122 (Exh. A) (part), 11/3/09: Res. 2007-98 (part), 7/2/07).

11.88.230 Home occupations.

The following minimum conditions shall apply to home occupations:

(1) Not over twenty-five percent of the entire floor area of the dwelling is to be used for the home occupation.

(2) The home occupation is to be secondary to the main use of the dwelling as a residence.

(3) Not more than one person outside the resident family shall be employed in the home occupation.

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

(5) No entrance to the space devoted to the home occupation other than from within the dwelling shall be allowed except when otherwise required by law.

(6) There shall be no exterior display or storage of materials.

(7) There shall be no stock in trade nor quantity kept for sale which is not produced on the premises, except storage of stock and commodities kept primarily for off-premises sales which is stored entirely indoors, and items which are accessory to the product or services produced on the premises may be allowed.

(8) No materials or mechanical equipment shall be used which will be detrimental to the residential use of the residence or adjoining residences because of vibration, noise, dust, smoke, odor, interference with radio or television reception, or other factors.

(9) No materials or commodities shall be delivered to or from the residence which are of such bulk or quantity as to require delivery by commercial vehicles having more than two axles.

(10) Home occupations may be conducted in an accessory building; provided, that at least two parking spaces other than those required for the dwelling are provided, and that the use of only one building of not more than five hundred square feet shall be allowed. (Res. 2007-98 (part), 7/2/07).

11.88.240 In-home daycare.

In-home daycare shall meet the following criteria:

(1) Care, supervision and guidance is provided for a child or group of children up to twelve years of age or under for a period of greater than four hours, but less than twenty-four hours per day where the facility meets all state and local licensing requirements.

(2) The daycare shall be for the care of twelve or fewer children. (Res. 2007-98 (part), 7/2/07).

11.88.250 Low impact public facility.

(1) The minimum lot size in the district where a public facility structure is located may be waived on a finding that the waiver will not result in noise or other detrimental effects on 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 the permitted public facility use. The requirement for verification of adequate provision for water and sewage 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 the permitted public facility use.

(2) Adequate ingress and egress to the site shall be provided pursuant to Title 15 of the Chelan County Code.

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

(4) Lighting shall be directed away from any adjacent residential district.

(5) If the use requires parking, said parking shall be in accordance with Chapter 11.90 of this title.

(6) The hearing examiner may impose any additional requirements as may be necessary to mitigate negative impacts created by the use. (Res. 2007-98 (part), 7/2/07).

11.88.260 Roadside stand/winery/nursery/ value-added operation less than one thousand five hundred square feet of retail space.

(1) Wineries less than one thousand five hundred square feet of retail space, including decks, patios or terraces associated with the retail use are limited to the small-scale processing and sale of wine or spirits, wine tasting, incidental and/or accessory food and beverage service, and limited sale of ancillary items related to the winery and its products, subject to the following conditions:

(A) 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, and traffic impacts.

(B) The use shall adhere to all applicable building, fire safety and health codes, and all zoning restrictions of the district in which it is located.

(C) The administrator 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.

(D) Incidental and/or accessory uses shall consist of no more than twenty percent of the overall allowed retail space.

(2) Roadside stands, nurseries, and value-added operations with less than one thousand five hundred square feet of retail space shall be permitted, provided the following criteria are met:

(A) The use shall be located on a site with a bona fide agricultural operation.

(B) A minimum of seventy-five percent of the products sold shall be produced within the local area.

(C) Ingress and egress shall be approved by the county engineer and/or WSDOT if appropriate.

(D) The use shall adhere to all applicable building, fire safety, health codes, and all zoning regulations of the district in which it is located.

(E) Promotional items advertising the agricultural business may be sold concurrently with the sale of on-site produced agricultural products.

(F) Other related uses, such as, but not limited to, value-added operations, farm stays and U-pick/Rent-A-Tree operations may be allowed; provided, that these uses are accessory to the roadside stand/nursery and that any required criteria for these uses are met.

(G) Food service may be allowed as part of the value-added operation; provided, that the primary focus of the food service is the agricultural product grown on-site.

(H) The administrator may impose other conditions, such as additional parking, 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. 2009-122 (Exh. A) (part), 11/3/09: Res. 2008-141 (part), 10/7/08; Res. 2007-98 (part), 7/2/07).