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Title 33
ZONINGChapters:
33.01 Purpose and Authorization
33.03 Definitions
33.05 Scope of Land Use Zones and Boundary Definitions
33.07 Resource and Public Zones
33.10 Rural Zones
33.13 Urban Zones
33.15 Commercial Zones
33.17 Industrial Zones
33.19 Sequim Urban Growth Area
33.20 Carlsborg Urban Growth Area
33.23 Planned Unit, Agricultural Retention, Rural Character
Conservation, Rural Low Mixed and Cluster Developments33.25 Master Planned Resorts
33.26 Transfer of Development Rights
33.27 Conditional Use Permits
33.30 Variances
33.33 Review of Administrator’s Action
33.35 Amendment
33.37 Public Notice and Application Requirements
33.40 General Requirements
33.43 Status of Nonconforming Use, Parcels, and Pre-existing Uses
33.45 Review of Energy Developments
33.47 Home Enterprise and Home-Based Industry Standards
33.49 Wireless Communications Facilities
33.50 Accessory Housing
33.53 Landscaping Requirements
33.55 Parking Standards
33.57 Signs
33.59 Enforcement
33.60 Administration
Chapter 33.01
PURPOSE AND AUTHORIZATIONSections:
33.01.010 Statutory authorization.
33.01.020 Purpose.
33.01.030 Content.
SOURCE: ADOPTED:
Ord. No. 581, 1995 12/19/95
33.01.010 Statutory authorization.
This title shall be known and cited as the Clallam County Zoning Code and is hereby a part of the Clallam County Code. This title is adopted under the authority of Chapter 36.70 RCW and the Clallam County Charter.
33.01.020 Purpose.
This title is adopted as an official land use control for the unincorporated area of Clallam County in order to:
(1) Maintain the public health, safety, and welfare;
(2) Direct the future growth and development of the County, consistent with the Clallam County Comprehensive Plan;
(3) Provide the economic, social, and aesthetic advantages resulting from an orderly planned use of land resources within the County;
(4) Provide definite and precise official land use regulations for public and private property within Clallam County;
(5) Maintain a high quality of life and environment in order to continue to attract people and desirable businesses from all over the nation; and
(6) Implement the goals and policies of the Comprehensive Plan in a manner which protects private property rights and in the least intrusive manner possible.
33.01.030 Content.
This title consists of the text hereof and the official zoning maps filed in the Clallam County Auditor’s Office identified by the signature of the Board of Clallam County Commissioners and marked and designated as the official zoning maps of the Clallam County Zoning Code. For the purposes of administration and enforcement, replicas of the zoning maps and any map amendment shall be located in the Clallam County Department of Community Development.
Chapter 33.03
DEFINITIONSSections:
33.03.010 Definitions.
SOURCE: ADOPTED:
Ord. No. 581, 1995 12/19/95
AMENDED SOURCE: ADOPTED:
Ord. No. 601, 1996 07/23/96
Ord. No. 644, 1998 07/28/98
Ord. No. 725, 2002 08/06/02
Ord. No. 727, 2002 08/20/02
Ord. No. 766, 2004 12/21/04
33.03.010 Definitions.
For the purpose of this title, certain terms or words herein shall be interpreted as specifically defined in this chapter. All other words in this title shall carry the meanings as specified in the latest edition of Webster’s New Collegiate Dictionary.
(1) “Accessory apartment” means an accessory housing unit located above the first floor of a multistoried commercial or limited industrial use building.
(2) “Accessory dwelling unit” or “ADU” means a separate dwelling unit within a single-family dwelling or a separate structure associated with a single-family dwelling which is incidental and subordinate to the primary residential use of the property. Accessory dwelling units are further defined as follows:
(a) Detached. Those accessory dwelling units that are lawfully constructed within existing outbuildings, or stand alone, where the ADU does not share a common wall with the primary residential dwelling unit. ADUs that are connected to a primary residential structure only by a covered breezeway or similar appurtenant structure shall be considered detached.
(b) Attached. Those accessory dwelling units that share a common wall or floor/ceiling with the primary dwelling unit and do not meet the definition of detached accessory dwelling unit.
(3) “Accessory housing” means an accessory single-family housing unit, the residential use of which remains a clearly incidental and subordinate use to a legally constructed primary single-family dwelling, commercial, or industrial use. Accessory housing includes accessory dwelling units, accessory apartments, caretaker apartments, and temporary medical hardship dwellings.
(4) “Accessory use or improvement” means a use or improvement which is necessary for the full use and enjoyment of the main use of the property, is typically associated with the main use, and is subordinate to or incidental to the main use of a parcel and which includes the utilities necessary to serve the accessory use. Accessory uses and improvements are allowed in all zoning districts.
(5) “Administrator” means the Director of the Department of Community Development of Clallam County or his/her designee.
(6) “Affected party” means those parties with standing to bring action on appeals of decisions rendered pursuant to this title and is limited to the following parties:
(a) The applicant or owner of property on which the development is proposed;
(b) Any person entitled to notice of the application pursuant to CCC 33.37.010; or
(c) Any person who deems themselves aggrieved by a decision and who will suffer direct and substantial impacts from the proposal.
(7) “Agriculture” means improvements and activities associated with the raising and harvesting of crops and livestock. “Agriculture” includes ancillary activities, including equipment storage and repair, seasonal employee housing, and temporary on-site retail stands for the sale of agricultural goods.
(8) “Airport, general aviation” means an area of land or water that is used or intended to be used for the landing and taking off of aircraft. General aviation airports are designated by the Federal Aviation Administration (FAA) and may include ancillary structures and facilities that support the public and/or commercial use of the airport, including boarding terminals, air traffic control towers, cargo decks, baggage and ticketing terminals, parking areas, fueling facilities, aircraft storage (hangars), and aircraft servicing and repair facilities.
(9) “Airport, private use” means an area of land or water that is used or intended to be used for the landing and taking off of aircraft. Private use airports are not designated by the Federal Aviation Administration (FAA) as general aviation airports and may include ancillary structures and facilities that support the private, noncommercial recreational use of the airport, including air traffic control towers, parking areas, fueling facilities, aircraft storage (hangars), and aircraft servicing and repair facilities.
(10) “Allowed use” means an activity or structure which is allowed outright by this chapter in one or more zones without issuance of a conditional use permit.
(11) “Antenna” means any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves external to or attached to the exterior of any building.
(12) “Asphalt plant” means a permanent (longer than three (3) months) installation of an asphalt plant; provided, that the facility complies with all applicable water quality, air quality, and other environmental regulations.
(13) “Bed and breakfast inns” means a single-family dwelling on property occupied by the owner or manager which is constructed or converted partially or entirely into an overnight, short-term boarding house which does not detract from the residential appearance of the structure, and has five (5) or fewer rooms for overnight accommodations.
(14) “Business park” means a commercial or industrial development supporting low-intensity activities compatible with adjoining residential land uses when properly landscaped.
(15) “Caretaker apartment” means an accessory housing unit that is permitted in association with a commercial or industrial use where no residential dwelling exists, and the expressed purpose of the accessory housing unit is to provide housing for an on-site security or operations personnel.
(16) “Child daycare center” means a person or agency that regularly provides care for a group of children for periods of less than twenty-four (24) hours (RCW 74.15.020).
(17) “Church” means a building or buildings intended for religious worship including ancillary activity and improvements such as religious education, assembly rooms, kitchen, reading room, recreation hall and may include a residence for church staff. This definition does not include schools devoted primarily to nonreligious education.
(18) “Commercial greenhouse or nursery” means a structure (greenhouse) or land (nursery) devoted to the cultivation and wholesale or retail of plants.
(19) “Commercial horse facility” means a facility greater than 2,000 square feet for the commercial boarding, care, training or riding of horses.
(20) “Commercial use” means any premises devoted primarily to the wholesaling or retailing of a product or service for the purpose of generating an income.
(21) “Commercial use, neighborhood” means commercial uses whose primary function are to serve a limited geographic market area intending to enhance a neighborhood or limited residential market.
(22) “Commission” means the Clallam County Planning Commission appointed by the Board of County Commissioners.
(23) “Communication relay facilities” means telephone, telegraph, television, radio, cables, microwave stations, retransmission improvements, substations and any other communication conveyance. This definition includes commercial broadcast stations, accessory control buildings and security fencing.
(24) “Comprehensive Plan” means the Clallam County Comprehensive Plan, CCC Title 31.
(25) “Conditional use” means an activity or structure which is permitted in a zoning district through a special permitting process with public input and a determination that the proposed use is consistent with applicable land use regulations and the character of the neighborhood.
(26) “Corner lot” means a lot abutting on and at the intersection of two (2) or more streets.
(27) “County” means Clallam County.
(28) “Density” means the number of dwelling units per gross acre of land, which includes road rights-of-way to the centerline of fronting streets, tidelands, and dedicated open space areas.
(29) “Development right” is defined as the difference between the existing use of a parcel and its potential use as permitted by existing law, i.e., a development right is equal to the unused development potential of a parcel of land. In simplest form, a single development right usually represents the potential to build one dwelling unit.
(30) “Development standards” means a set of requirements establishing parameters to be followed in site and/or building design and development.
(31) “Duplex” means two (2) dwelling units having a common roof.
(32) “Dwelling unit” means any building or any portion thereof which is intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes having independent living facilities for one family including permanent provisions for living, sleeping, eating, cooking, sanitation and including accessory structures and improvements.
(33) “Easement” means a grant of one or more property rights by the property owner to and/or for a specific or general use by a person or public.
(34) “Family daycare provider” means a child daycare provider who regularly provides child daycare for not more than twelve (12) children in the provider’s home in the family living quarters for periods of less than twenty-four (24) hours (RCW 74.15.020).
(35) “Grocery store” means a structure devoted primarily to the sale of staple foodstuffs and household commodities.
(36) “Gross floor area,” for structures used for commercial or industrial purposes, shall include the sum of the horizontal areas of one or more floors of a building measured from the exterior face of exterior walls or from the centerline of a wall separating two commercial uses but not including interior parking spaces, storage spaces, loading spaces and basements which are not used for human habitation or service to the public. For structures used for residential purposes, gross floor area shall include the sum of the horizontal areas of one or more floors of a building measured from the exterior face of exterior walls but not including garages or exterior storage spaces.
(37) “Group home” means a facility licensed by the State which is located in a single building utilized for the full-time shelter and care of a group of unrelated people. A group home is considered to be a multiple-family dwelling when it is occupied by seventeen (17) or more clients. A group home is considered to be a home enterprise when occupied by sixteen (16) or fewer clients and when consistent with the standards for a home enterprise.
(38) “Hazardous waste” means:
(a) Any discarded, useless, unwanted, or abandoned nonradioactive substances, including but not limited to certain pesticides or any residues or containers of such substances which are disposed of in such quantities or concentration as to pose a substantial present or potential hazard to human health, wildlife, or the environment because such wastes or constituents or combinations of such wastes; have short-lived toxic properties which may cause death, injury, or illness or have nutrogenic, teratogenic or carcinogenic properties; or are corrosive, explosive, flammable, or may generate pressure through decomposition or other means.
(b) Any waste described in subsection (38)(a) of this section which will persist in a hazardous form for several years or more at a disposal site and which in its persistent form presents a significant hazard and may be concentrated by living organisms through a food chain or may affect the genetic makeup of man or wildlife and is highly toxic to man or wildlife; or if disposed of at a disposal site in such quantities as would present an extreme hazard to man or the environment.
(39) “Hazardous waste treatment and storage facility” means a site or facility used to store or treat hazardous waste as defined in subsection (38) of this section.
(40) “Home-based industry” means a revenue generating enterprise which is located on a residential parcel and which generates or involves outdoor activity and/or outdoor storage of equipment or supplies.
(41) “Home enterprise” means a revenue generating enterprise which is conducted entirely within a dwelling and/or inside other legally existing buildings on a residential property and is subordinate to and incidental to the residential use of the dwelling.
(42) “Indoor shooting range” means a facility, commercial, public or private, which provides for recreational shooting and hunter education within a fully enclosed and soundproof structure which is clearly subordinate to the residential use, if applicable, of the property.
(43) “Industrial use” means any premises devoted primarily to the manufacturing of semi-finished products, finished products and the processing of materials. This definition includes accessory facilities such as but not limited to storage facilities, transfer facilities, warehousing, heavy vehicular storage and repair, log storage milling and sorting.
(44) “Kennel” means an establishment which is designed to accommodate the temporary boarding of six (6) or more household pets owned by persons other than the owner of the premises.
(45) “Land use” means an activity on land serving man in some manner.
(46) “Limited industrial use” means those industrial uses which generate minimal amounts of noise, odor, glare, traffic, and other nuisance characteristics.
(47) “Lodges” means any structure accommodating an organization which is operated not for profit where entrance to the premises is contingent upon the payment of a monthly or yearly fee.
(48) “Lot coverage” means the total ground coverage of all buildings or structures on a site measured from the outside of external or supporting walls, but not to include: at-grade, off-street parking lots; deck areas; terraces; swimming pools; pool deck areas; walkways; and roadways; and driveways.
(49) “Lot depth” means the horizontal length of a straight line drawn from the midpoint of the front property line of the lot to the midpoint of the rear property line.
(50) “Lot line, front” means the boundary of a lot which is common to a public or private road or access easement. Where the lot abuts two (2) or more roads the lot owner may designate one of the lot lines common to one of the roads as the front lot line at the time the lot is developed.
(51) “Lot line, rear” means the property line of a lot that is most opposite or most distant from the designated front lot line and that does not intersect any front lot line. In the case of a triangular lot, it means a line ten (10) feet in length within the lot parallel to and at the maximum distance from the front lot line. In the event that the front property is a curved line, then the rear property line shall be assumed to be a line parallel to a line tangent to the front property line at its midpoint. In the case of waterfront property, the rear lot line is that which adjoins the ordinary high water line, unless otherwise designated by the Zoning Administrator.
(52) “Lot line, side” means any lot line that is not a front or rear lot line, or any lot line that intersects a front lot line.
(53) “Lot, parcel, tract” means an ownership of land in which the boundary is defined by a deed recorded in the County Auditor’s Office and assigned a tax parcel number by the County Assessor; or a lot which has been defined by a survey recorded pursuant to Washington State surveying or platting laws and is assigned a tax parcel number by the County Assessor; or parcels recognized by resolution of the Board of County Commissioners adopted prior to the effective date of this title.
(54) “Lot width” means the horizontal distance between side lot lines measured at right angles to lot depth line at a point midway between the front and rear property line. If the side property lines are not parallel, the width of the lot shall be the length of a line at right angles to the depth line of the lot at a distance midway from the front and rear lines required for the district in which the lot is located.
(55) “Master planned resort” means a self-contained and fully integrated planned unit development, in a setting of significant natural amenities, with primary focus on destination resort facilities consisting of short-term visitor accommodations associated with a range of developed on-site indoor or outdoor recreation facilities.
(56) “Medical hardship” means a physical or mental incapacitation requiring daily care by an on-site caregiver and is attested to, in writing, by a licensed practicing physician in the State of Washington.
(57) “Medical hardship dwelling” means a mobile home or manufactured home, as defined by WAC 296-150M-0020, allowed to provide temporary housing in cases of documented medical hardship.
(58) “Medical service facility” means a licensed medical physician’s clinic or outpatient care clinic where overnight accommodations are not provided.
(59) “Mineral extraction” means activities involved in the extraction and processing of minerals from the earth for industrial, commercial, or construction uses, excluding water. For the purpose of this chapter, removal of solid materials from the earth is not deemed mineral extraction until the activity collectively results in more than three (3) acres of land being disturbed or that results in pit walls more than thirty (30) feet high and steeper than one horizontal to one vertical. This definition does not include disturbances greater than three (3) acres of land during any time period if the cumulative area that has not been rehabilitated according to the State’s reclamation requirements outlined in Chapter 78.44 RCW is less than three (3) acres. Farming, road construction, mineral exploration testing and site preparation for construction shall not be deemed mineral extraction activities.
(60) “Minimum lot size” means the smallest parcel size upon which a dwelling may be placed or constructed; provided, that roads and open spaces which are dedicated to the public and tidelands shall be excluded when calculating lot size; provided, that lots in the Rural (R1) zoning district may include roads dedicated to the public as part of a land division in the minimum lot size calculation.
(61) “Mixed-use” means development that combines two (2) or more different land uses on the same lot or contiguous lots in the same zone, such as retail uses and residential uses.
(62) “Mobile home park” means a lot or parcel of land occupied by two (2) or more mobile homes on a rent or lease basis, and approved by Clallam County pursuant to County regulations.
(63) “Motel/hotel” means a structure which provides overnight, short-term boarding to transient guests and not defined as a bed and breakfast inn facility.
(64) “Multiple-family dwelling” means a building containing three (3) or more dwelling units.
(65) “Nonconforming use or structure” means a lawful structure or use existing at the time this title or any amendment thereto becomes effective, which does not conform to the requirements of the zone in which it is located.
(66) “Off-street parking” means any space specifically allocated to the parking of motor vehicles that is not located within a public right-of-way, travel lane, service drive, or any easement for public use.
(67) “Outdoor-oriented recreation facilities” means buildings, land alterations, or other facilities which are intended to provide for recreational activity including, but not limited to, campgrounds, boat launching facilities, golf courses and ballfields.
(68) “Outdoor shooting range” means a facility, commercial, public or private, and use, part of which occurs outdoors, which is established for the purpose of recreational shooting and hunter education/training. An outdoor shooting range includes the discharge of firearms for any lawful purposes. Accessory uses which directly relate to the use of the site as an outdoor shooting range such as campgrounds and indoor retailing of shooting supplies are included.
(69) “Parking space” means an area set aside for the parking of one motor vehicle.
(70) “Performance standards” means criteria that are established and must be met before a particular use will be permitted. These measures are designed to guide development of property and include, but are not limited to, open space requirements, water and wastewater requirements, buffer zones, screening, size and height limits for buildings, noise, vibration, glare, heat, air or water contaminants, and traffic.
(71) “Permitted use” means an activity or structure which is either allowed in a zone pursuant to this chapter without conditions or formal action by the County, or is identified as a conditional use.
(72) “Person” means a man, woman, firm, association, partnership, political subdivision, government agency, corporation or any other human entity whatsoever.
(73) “Primary dwelling unit” means a structure consistent with the definition of “single-family dwelling,” as set forth in this section; provided, that this definition applies to those single-family residential structures on parcels where an accessory dwelling unit, consistent with the standards of Chapter 33.50 CCC, is also present.
(74) “Primitive campground” means a campground for day use and overnight accommodations by tenters only (no recreational vehicles or tent-trailers). A primitive campground is also an outdoor-oriented recreation use, unless specified in each zoning district.
(75) “Professional office” means a structure accommodating the following professional offices: medical, dental, chiropractic, accounting, consulting, cosmetologist, real estate offices or such other offices of persons required to be licensed by the State of Washington following completion of required training.
(76) “Public building” means a building or improvement which is used or owned by a governmental agency.
(77) “Public improvement” means a facility which is used or owned by a governmental agency.
(78) “Race track” means an area devoted to the racing of motor and nonmotorized vehicles or animals, and all improvements normally associated with racing such as off-street parking, patron seating, concessions, and a fixed race track.
(79) “Research facility” means an improvement devoted to or supporting research activities and having minimal nuisance characteristics related to odor, noise, glare and radiation. Research is an activity devoted to the obtaining of knowledge and does not include any product retailing or wholesaling activity. Testing for surface and subsurface minerals is not a research activity.
(80) “Retail use” means a land use devoted primarily to the wholesale and retail sale of a product or service to the general public.
(81) “RV park” means a campground for day use and overnight accommodations by motor homes, travel trailers, truck campers and camping trailers.
(82) “Satellite dish antenna” means a round, parabolic antenna intended to receive signals from orbiting satellites and other sources. Noncommercial dish antennas are defined as being less than four (4) meters in diameter. Commercial dish antennas are typically those larger than four (4) meters and typically used by broadcasting stations.
(83) “School” means a building where instruction is given to persons to enhance their knowledge or skills. Buildings where instruction is given primarily on religious matters are not deemed to be schools.
(84) “Setback” means the minimum distance allowed by this chapter between a lot line or the centerline of a street right-of-way and the foundation of any building on the lot; provided, however, that eaves, decks, porches, bay windows, chimneys or other architectural elements may project no more than two (2) feet in any required yard except in instances where such projection would be over or on an easement, which is not allowed; and provided further, that structures and improvements associated with utilities or roads dependent on location on or near road right-of-way shall be allowed without meeting the setback standards of the Zoning Code.
(85) “Shooting range” means a facility established for the purpose of recreational shooting, including, but not limited to, target and skeet shooting.
(86) “Single-family dwelling” means a dwelling unit detached from any other dwelling unit and intended for occupation by one family and including accessory improvements and uses. This definition includes manufactured homes such as mobile homes, modular homes and other homes manufactured in components or as one complete dwelling unit.
(87) “Storage facility” means a building or fenced open yard used solely for the storage of goods and materials; provided, that automobile wrecking or salvage facilities are excluded from this definition.
(88) “Street” means any vehicular right-of-way which:
(a) Is an existing State, County or municipal roadway; or
(b) Is a publicly owned easement; or
(c) Is shown upon a plat or short plat or survey approved pursuant to County regulations; or
(d) Is approved by other governmental action. The street shall include all land within the boundaries of the street right-of-way which is improved.
(89) “Street classifications” means those functional classifications given to streets by the Clallam County Board of Commissioners under the provisions of RCW 36.86.070.
(90) “Street right-of-way” means a strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation, and intended to be occupied by a street, as specified by recorded easements, recorded ownership instruments, or dedications accepted by the Board of County Commissioners for public transportation purposes.
(91) “Tavern” means any establishment with special space and accommodation for sale by the glass and for consumption on the premises, of beer and/or wine.
(92) “Timber harvesting” means improvements and activities associated with the growing and harvesting of trees. Such activity includes land preparation for tree planting, road construction, tree thinning, brush control, log storage and sorting yards, tree nursery facilities, research activity related to timber growing, improvements required for environmental impact mitigation, temporary chipping and barking activity utilizing portable equipment, storage of materials, vehicles and equipment supporting timber growing, harvesting and transportation activities, staging areas and facilities, timber trans-shipment facilities, log scaling facilities, the extraction of gravel and rock necessary to support timber management activity and all other silviculture and associated practices which are recognized by and consistent with the regulations of the Washington State Forest Practices Act of 1974.
(93) “Timber labor camp” means facilities which are designed to accommodate persons who are employed in timber management activities. Such facilities provide overnight sleeping, waste disposal and one cooking facility to serve the entire facility.
(94) “Tourist shop” means a facility devoted primarily to the sale of a product or service to the traveling public, including antique or curio shops, crafts, and memorabilia.
(95) “Transfer of development rights” or “TDR” means an innovative voluntary program in which unused transferable development rights (TDRs) credited by the County to one parcel can be sold and transferred without buying and selling the land. These transferable development rights may be utilized in an urban growth area to increase allowable densities.
(96) “Unclassified use” means an activity or land use not defined by this title and not listed as allowed use, a conditional use, or a prohibited use in this title.
(97) “Urban growth area” means those areas designated by Clallam County pursuant to the policies in the County-wide Planning Policy and the Comprehensive Plan.
(98) “Urban level of facilities and services” means those services defined as “urban governmental services” with levels of service as defined within capital facilities element of the Clallam County Comprehensive Plan.
(99) “Utility” means a fixed, conveyance type improvement serving two (2) or more ownerships. Said improvement conveys power, gas, water, sewage, surface drainage, or communication signals. This definition does not include intercounty or interstate transmission facilities.
(100) “Variance” means an exception from the minimum standards of this chapter allowed by the provisions of Chapter 33.30 CCC.
(101) “Vehicular repair” means a structure or land use devoted to the repair of motor vehicles and not otherwise defined as a home-based industry.
(102) “Wholesale commercial use” means establishments or places of business primarily engaged in selling merchandise or services to retailers, industrial customers, institutional agencies, professional business users or to other wholesalers.
(103) “Wood manufacturing” means any wood manufacturing premises devoted primarily to the manufacturing of semi-finished products, finished products and the processing of materials. This definition includes accessory facilities such as but not limited to storage facilities, transfer facilities, warehousing, heavy vehicular storage and repair, log storage, milling and sorting.
(104) “Wood manufacturing (small-scale)” means any wood manufacturing activity meeting the following criteria: cabinet shops and other wood finishing facilities; all activity takes place indoors; and the structure is less than 5,000 square feet.
(105) “Wrecking yard” or “junk yard” means an open area where scrap materials or motor vehicles are bought, sold, exchanged, recycled, stored, disassembled or handled, but which cannot be used again for the purpose for which it was originally intended.
(106) “Zone” means a mapped area to which a uniform set of regulations applies. The Clallam County Official Zoning Map describes the extent and boundaries for the zones described within this title.
(107) “Zoning” means the process by which a county or municipality legally controls the use of property and physical configuration of development upon tracts of land within its jurisdiction.
Chapter 33.05
SCOPE OF LAND USE ZONES AND BOUNDARY DEFINITIONSSections:
33.05.010 Land use zones.
33.05.020 Boundaries.
SOURCE: ADOPTED:
Ord. No. 581, 1995 12/19/95
AMENDED SOURCE: ADOPTED:
Ord. No. 627, 1997 10/10/97
Ord. No. 658, 1999 01/08/99
Ord. No. 662, 1999 02/23/99
Ord. No. 674, 1999 08/10/99
Ord. No. 682, 2000 02/08/00
Ord. No. 696, 2000 08/08/00
33.05.010 Land use zones.
In order to carry out the purpose of this chapter, the following land use zones are established:
Comprehensive Plan Designation
Regional Plan
Zoning Designation
CCC Section
Agricultural
Sequim-Dungeness
Agricultural Retention (AR)
33.07.010
Commercial Forest
All
Commercial Forest (CF)
33.07.020
Commercial Forest/Mixed Use 20
Port Angeles Straits
Commercial Forest/Mixed Use 20 (CFM20)
33.07.030
Commercial Forest/Mixed Use 5
Port Angeles Straits
Commercial Forest/Mixed Use 5 (CFM5)
33.07.040
Public
All
Public Land (P)
33.07.050
Airport Overlay District
33.07.060
Rural Very Low
All
Rural Very Low (R20)
33.10.010
Rural Low
All
Rural Low
33.10.020
Rural Moderate
All
Rural Moderate
33.10.030
Rural
Sequim-Dungeness
Rural
33.10.040
Rural Suburban Community
Port Angeles Straits
Rural
33.10.040
Rural Character Conservation 5
Port Angeles Straits
Rural Character Conservation 5 (RCC5)
33.10.050
Rural Character Conservation 3
Port Angeles
Rural Character Conservation 3 (RCC3)
33.10.060
Rural Low Mixed
Straits
Rural Low Mixed (RLM)
33.10.070
Urban Residential
Sequim-Dungeness
Urban Residential High (URH)
33.13.010
Urban Residential
Sequim-Dungeness
Urban Residential Low (URL)
33.13.020
Urban Very Low Density
Port Angeles
Urban Very Low Density (VLD)
33.13.030
Urban Low Density
Urban Low Density (LD)
33.13.040
Open Space Overlay
Urban Very Low Density/Urban Low Density (VLD/LD)
33.13.050
Urban Moderate Density
Urban Moderate Density
33.13.060
Open Space Overlay/Open Space Corridors (OS)
33.13.070
Rural Commercial
Sequim-Dungeness
Rural Commercial (RC)
33.15.010
Carlsborg Commercial
Sequim-Dungeness
Carlsborg Commercial (CC)
33.15.015
Rural Village
Sequim-Dungeness
Rural Village (RV)
33.15.020
Village Commercial
Sequim-Dungeness
Rural Village (RV)
33.15.020
Commercial
Sequim-Dungeness
Commercial (GC)
33.15.030
Rural Center
Sequim-Dungeness
Rural Center (CEN)
33.15.040
Rural Neighborhood Commercial
Port Angeles Straits
Rural Neighborhood Commercial (RNC)
33.15.050
Rural Limited Commercial
Port Angeles Straits
Rural Limited Commercial (RLC)
33.15.060
Urban Neighborhood Commercial
Port Angeles Straits
Urban Neighborhood Commercial (UNC)
33.15.070
Urban Regional Commercial
Port Angeles Straits
Urban Regional Commercial (URC)
33.15.080
Urban Center
Straits
Urban Center (UC)
33.15.090
Industrial
All
Industrial (M)
33.17.010
Industrial
Sequim-Dungeness
Light Industrial (LI)
33.17.020
Chapters 33.10 through 33.17 CCC set forth the permitted uses, conditional uses, densities and development standards for each of the above specified zones. Unclassified uses may be allowed through the issuance of a conditional use permit. The location and boundary of each zone listed above are specified on the official comprehensive plan map and amendments thereto as signed by the Board of County Commissioners and filed in the office of the County Auditor.
33.05.020 Boundaries.
Where uncertainty exists as to the boundaries of any zone shown upon the zoning map, the following rules shall apply:
(1) Where such boundaries are indicated as approximately following the centerline of streets or alleys or lot lines, such lines shall be construed to be such boundaries.
(2) Where one or more zone boundary intersects a parcel, the location of such boundary shall be determined by use of the scale appearing on said zoning map and the respective portions of the parcel shall be subject to the respective zones except as provided below.
(3) Where a public street is officially vacated or abandoned, the area comprising such vacated street or alley shall acquire the classification of the property to which it reverts.
(4) Where a zone boundary intersects a lot or lots which are a part of a subdivision approved pursuant to County subdivision regulations, the entire lot shall be subject to the requirements of the zone which is the most compatible with the purpose and function of the subdivision; provided, that this provision shall not diminish the effectiveness of applicable plat restrictions.
(5) Where a watercourse is designated as the boundary between two (2) zones, the centerline of said watercourse shall be the precise boundary.
Chapter 33.07
RESOURCE AND PUBLIC ZONES*Sections:
33.07.010 Agricultural Retention (AR).
33.07.020 Commercial Forest (CF).
33.07.030 Commercial Forest/Mixed Use 20 (CFM20).
33.07.040 Commercial Forest/Mixed Use 5 (CFM5).
33.07.050 Public Land (P).
33.07.060 Airport Overlay district.
SOURCE: ADOPTED:
Ord. No. 581, 1995 12/19/95
AMENDED SOURCE: ADOPTED:
Ord. No. 601, 1996 07/23/96
Ord. No. 627, 1997 10/10/97
Ord. No. 766, 2004 12/21/04
*Code Reviser’s Note: Ordinance No. 627, 1997, Sections 33.07.020 through 33.07.130 were assigned an incorrect numbering scheme. During codification, these were included as subsections under CCC 33.07.010, on the advice of the Chief Deputy Prosecuting Attorney.
33.07.010 Agricultural Retention (AR).
The purpose of the Agricultural Retention zone is to maintain and enhance the agricultural resource industry of Clallam County through conservation of productive agricultural lands and discouragement of incompatible land uses within the agricultural retention zone.
(1) Permitted Uses. The following uses are permitted in an Agricultural Retention zone:
Agricultural retention development
Agricultural activities
Commercial greenhouses (wholesale and retail)
Commercial horse facility
Family child care home
Fish and wildlife management structures and activities
Home enterprises consistent with the standards specified in CCC 33.47.010
Plant nurseries
Raising of livestock/exotic animals
Single-family dwellings
Timber harvesting
Tree farms
(2) Conditional Uses. The following uses are allowed in an Agricultural Retention zone subject to the procedures and requirements of Chapter 33.27 CCC:
Temporary (one-year) asphalt and concrete plants
Child daycare centers
Bed and breakfast inn facilities which do not interfere with the agricultural use of the adjacent land
Home-based industries not interfering with agricultural use
Mineral extraction on no more than twenty-five (25) percent of the parcel
(3) General Standards. The following general standards shall apply to all parcels of land within an Agricultural Retention zone except where the agricultural retention development option of subsections (4) to (10) of this section is utilized:
(a) Residential density shall not exceed one dwelling unit per sixteen (16) acres or one dwelling unit per parcel on existing parcels less than sixteen (16) acres in size which were created before the effective date of this title. Higher densities are permitted under the agricultural retention development standards outlined in subsection (10) of this section when an Agricultural Retention development is proposed.
(b) Minimum size for an Agricultural Retention development: sixteen (16) acres.
(c) Setbacks:
(i) Front yard – forty-five (45) feet from a local access street, fifty (50) feet from a arterial street, sixty (60) feet from a highway.
(ii) Side yard – ten (10) feet (forty (40) feet from the centerline of the right-of-way of a side street).
(iii) Rear yard – fifteen (15) feet (forty (40) feet from the centerline of the right-of-way of a rear street).
(4) Agricultural Retention Development. Agricultural Retention development may proceed in accordance with the standards and requirements of subsections (4) through (10) of this section. An Agricultural Retention development consists of a development section(s) and an agricultural reserve. The development section is the location of home sites which may be established on up to a maximum of twenty-five (25) percent of the area of the entire Agricultural Retention development parcel. The number of housing units allowed within the development section of the subject site is determined in accordance with the requirements of this chapter. The remainder of the Agricultural Retention development site constitutes an agricultural reserve which shall be reserved in perpetuity for agricultural land reservation uses as specified in this chapter.
(a) Developments with less than twelve (12) dwelling units must have a single development section. Larger developments, with more than one development section, may be approved; provided, that the minimum number of homes in a development with more than one development section is six (6) homes and that the maximum number of homes in one development section is fourteen (14) homes; and provided, that the provisions of subsection (7) of this section are available if the conditions can be met.
(b) Separate owners of contiguous parcels may combine their parcels for the purpose of designating the combined parcels as an Agricultural Retention development and an agricultural reserve site.
(c) In the case where contiguous parcels are under one ownership and are reflected in a survey recorded prior to the effective date of this title, such parcels may not be further subdivided except in accordance with the provisions of this chapter. No boundary line adjustments shall be approved which would in any way reduce the size of an agricultural reserve or would reduce the future ability of a parcel of land to be developed in accordance with this chapter.
(d) At the time the development site and the agricultural reserve are approved and recorded, the landowner(s) and any successors or assigns may not prohibit the use of the agricultural reserve site for agriculture purposes.
(e) Agricultural retention developments may be developed in phases with one or more lots set aside for future development in accordance with the Clallam County Land Division Code, CCC Title 29.
(5) Permitted Uses within the Development Section of an Agricultural Retention Zone. The following uses are permitted in a development section of an Agricultural Retention zone:
Single-family dwellings
Accessory facilities incidental to the residential use
Agricultural activities
Family daycare providers
Home enterprises consistent with the standards specified in CCC 33.47.010 and which do not interfere with the agricultural use of the land
Utilities and fire protection facilities necessary to serve permitted, special and conditional uses
Plant nurseries
(6) Conditional Uses within the Development Section of an Agricultural Retention Zone. The following conditional uses are permitted in the development section of an Agricultural Retention zone pursuant to the procedures and requirements of Chapter 33.27 CCC:
Child daycare centers
Bed and breakfast inn facilities which do not interfere with the agricultural use of the adjacent land
Home-based industries which do not interfere with the agricultural use of adjacent land
Commercial horse facility
Outdoor-oriented recreational uses
Commercial greenhouses
(7) Agricultural Land Reservation Permitted Uses. The following uses are permitted in an agricultural land reservation of a parcel in an Agricultural Retention zone:
Agricultural activities
One single-family dwelling and accessory unit; provided, that the agricultural land reserve involved is thirty-three (33) acres or larger in area and is being actively farmed. One existing single-family dwelling and accessory unit which may be located apart from the development section is also allowed in agricultural reserves larger than sixteen (16) acres and smaller than thirty-three (33) acres; provided, that any residential dwelling unit must be located within a single, legally created, residence parcel that is no larger than one and one-half (1.5) acres in size; and provided, that no other homes shall be built on the agricultural reserve and that the area of the detached single residence parcel shall be counted as a part of the development section area for percentage calculations. Any single-family dwelling permitted in an agricultural reserve shall be counted as part of, and not in addition to, the maximum density calculation of subsection (10) of this section.
Timber management activities
Power, sewer, water, drainage and irrigation conveyance facilities and communication cables
Plant nurseries
Septic drainfield lines serving adjacent residential development located in a development section of a parcel subject to the agricultural cluster zone; provided, that such facilities do not result in a reduction of the net acreage required for the agricultural land designation
Access roads to the development section of the cluster development site
Commercial greenhouses
Home enterprise
Commercial horse facility
(8) Agricultural Land Reservation Conditional Uses. The following conditional uses are permitted in an agricultural land reservation of a parcel in an Agricultural Retention zone pursuant to the procedures and requirements of Chapter 33.27 CCC:
Temporary asphalt and concrete plants and processing of rock aggregates. Temporary as used in this provision shall mean a period of time less than one year.
Home-based industry
Outdoor-oriented recreation facilities designed to be compatible with the agricultural use of the land
(9) Special Standards for Agricultural Retention Development within the Agricultural Retention Zone. The following special standards shall apply to all parcels of land within an Agricultural Retention zone when approved in accordance with this chapter:
(a) Where more than one home site would be permitted in a proposed development on a portion of the Agricultural Retention zone that does not contain previously divided lots of approximately five (5) acres and smaller, then the maximum lot size of additional home sites (beyond one home site) shall be limited to a maximum of two (2) acres in size in order to conserve farmable land. In this case where small lots of five (5) acres or less have not been previously created (approximately 3,900 acres of the Agricultural Retention zone), the sixteen (16) acre density allowed and the maximum lot size for home sites (two (2) acres) will increase the percentage of agricultural reserve retained to approximately eighty-eight (88) percent of the total development site while decreasing the size of the developable area for homesites to approximately twelve (12) percent of the total development site.
(b) A minimum of either seventy-five (75) percent (lands already divided into five (5) acre parcels) or approximately eighty-eight (88) percent (lands not divided into five (5) acre or smaller parcels) of the area to be developed shall be reserved for agricultural land uses as shown in subsections (7) and (8) of this section; provided, however, that if the parcel is greater than fifty (50) acres, the landowner may exclude any additional fifty (50) acre blocks of land under his ownership from the development site. The agricultural reserve shall be noted on the preliminary master site plan (PMSP) and final master site plan (MSP) and shall state that the reserve is to remain in agriculture in perpetuity. Once an agricultural reserve is established, the reserve area shall not be rezoned nor shall plat alterations or boundary line adjustments be allowed which would remove the land from its status as an agricultural reserve.
(c) The minimum residential lot area, width, frontage and yard requirements, setback standards, street standards, and building heights applying to development in this zone will be established in the preliminary master site plan, as approved in conformance with Chapter 33.23 CCC.
(d) A transition buffer shall be established within the perimeter boundaries of the development section of an agricultural retention development to assure the development is compatible to abutting property through appropriate screening and/or setbacks. The width of the transition buffer shall be at least fifteen (15) feet unless more appropriate standards are approved in the preliminary master site plan. The transition buffer shall consist of screening, landscaping, fencing or structural setbacks as appropriate to ensure compatibility to abutting property.
(e) The development portion should occupy that portion of the tract which is least appropriate for agricultural uses; provided, that the development section should meet all of the requirements of the Clallam County Critical Areas Code. Consideration shall be given to site conditions conducive to agriculture in reviewing the development portion location, such as maintenance of large contiguous blocks of farmland to allow for ease of equipment use and harvesting operations, minimizing unusable isolated portions of farmland within the development, soils, irrigation availability, winds, solar power, etc.
(f) The maximum number of dwelling units per gross acre of the parcel subject to the Agricultural Retention development shall be determined as outlined in subsection (10) of this section. The maximum number of dwellings within a single Agricultural Retention development area shall be fourteen (14) dwelling units.
(g) All final plats approved pursuant to this chapter shall include a notice that agricultural uses of the land are favored uses in this zone and that noise, tree removal, odors, insects, fumes, dust, smoke, operation of machinery, the storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides generated by agricultural land activities on the agricultural reserve site shall not be considered nuisances by the county if best management practices as defined by the Clallam County Conservation District are in use by the operator.
(h) The agricultural land reservation in all Agricultural Retention developments shall be a minimum of fifteen (15) acres in area.
(10) Maximum Residential Density for Agricultural Retention Developments within an Agricultural Retention Zone. The maximum density of residential development within this zone which can be used on-site for an Agricultural Retention development shall depend upon the pre-existing status of divided lots within the proposed agricultural retention development. In the case where the development is proposed on lands that are not divided in an existing pattern of contiguous parcels of approximately five (5) acres or less in size, then the maximum density which can be utilized on-site shall be one dwelling per sixteen (16) acres, with the remaining residential density calculated at one dwelling per five (5) acres plus a density bonus, available for transfer of development rights to areas outside the Agricultural Retention zone or for purchase of development rights.
In the case where the development is proposed on lands that are divided in an existing pattern of contiguous parcels of approximately five (5) acres or less in size, then the maximum density which can be utilized on-site shall be one dwelling per five (5) acres plus a density bonus. In either case the maximum total residential density shall be determined according to the formula [Gross acres developed x 0.30 = total development rights (rounded down to the nearest whole number)]. The number of units allowed in the development section and the number of development rights for sale off-site (areas not previously divided in small lots) are shown in the following table:
Total Acres Developed
Homes Allowed in Development Area
(area with an existing pattern of five (5) acre lots)
Homes Allowed in Development Area
(area with no pattern of existing five (5) acre lots)
Development Rights Which Can Be Sold
(area with no pattern of existing five (5) acre lots)
16 acres
4 homes
1 home
3 development rights
20 acres
6 homes
1 home
5 development rights
25 acres
7 homes
1 home
6 development rights
30 acres
9 homes
1 home
8 development rights
35 acres
10 homes
2 homes
8 development rights
40 acres
12 homes
2 homes
10 development rights
45 acres
13 homes
2 homes
11 development rights
50 acres
15 homes
3 homes
12 development rights
50+ acres
Acres x 0.30 = homes allowed in on-site development
Acres/16 = homes allowed in on-site development
(Acres x 0.30) – (Acres/16) = transfer development rights
33.07.020 Commercial Forest (CF).
The purpose of the Commercial Forest zone is to protect large forest land parcels from encroachment of uses which threaten effective forest management practices.
(1) Allowed Land Uses. The following land uses should be allowed outright in the Commercial Forest zoning district:
Agricultural activities
Communication relay facilities
Industrial land uses
Mineral extraction
Primitive campgrounds
RV parks in the western half of the Straits Regional Comprehensive Planning Area
Single-family dwellings1
Timber harvesting
Timber labor camps
(2) Conditional Land Uses. The following land uses should be permitted in the Commercial Forest zoning district through a special permitting process with public input and a determination that the proposed use is consistent with applicable land use regulations and the character of the neighborhood:
Asphalt plants
Commercial horse facilities
Family daycare providers
Home-based industries
Home enterprises
Outdoor-oriented recreation facility
Outdoor shooting ranges
Research facilities
RV parks
Single-family dwellings
Wood manufacturing
(3) Prohibited Land Uses. The following land uses should be prohibited in the Commercial Forest zoning district:
Airports
Bed and breakfast inns
Business parks
Cemeteries
Child daycare center
Churches
Commercial greenhouses
Commercial storage
Duplexes
Gas stations
Grocery stores
Lodges
Medical service facilities
Mobile home parks
Motels
Multiple-family dwellings
Planned unit developments
Professional offices
Race tracks
Restaurants
Retail stores
Schools
Taverns
Tourist shops
Vehicular repair
Veterinarian clinics/kennels
Wrecking yards
(4) Maximum Residential Density. One dwelling unit per eighty (80) acres or one-eighth of a standard section subdivision.
(5) Minimum Lot Size. The minimum lot size for dwelling units is eighty (80) acres.
(6) Maximum Lot Width to Depth Ratio. 1:4.
(7) Setbacks – Front, Side and Rear Yard. 130 feet, unless the lot is less than ten (10) acres in size and was legally created prior to June 27, 1995, in which case the setbacks are fifty (50) feet.
(8) Other Performance Standards.
(a) Land use activities allowed through a conditional permit should not be permitted unless the proposed activity is compatible with long-term timber management activities.
(b) The roofs of all single-family dwellings located in a Commercial Forest zoning district shall be of noncombustible materials. A thirty (30) foot buffer, cleared of all combustible materials, shall be maintained around the dwelling and all trees capable of falling on the dwelling shall be removed.
(c) Verification that the property owner has legal access to the property shall be provided to Clallam County prior to issuance of any permits for single-family dwellings within a Commercial Forest zoning district.
(d) Allowed industrial uses are those which can not be sited in urban areas or rural industrial zones due to noise, odor, or operational characteristics. When locating in the Commercial Forest zoning district, these uses must meet the following standards:
(i) Be self-contained in that extension of infrastructure is the minimum necessary to serve the facility and that no municipal sewer or water will be provided.
(ii) Require no upgrade to existing roads.
(iii) Be located, if possible, at least one-half mile, but not less than one-quarter mile from the edge of the Commercial Forest boundary.
(iv) Occupy no more than five (5) acres out of an eighty (80) acre forested parcel.
(e) Outdoor shooting ranges locating in the Commercial Forest zoning district must meet the following standards as minimum requirements for granting a conditional use permit:
(i) Be self-contained in that extension of infrastructure is the minimum necessary to serve the facility and that no municipal sewer or water will be provided.
(ii) Require only upgrades to existing roads for safety reasons and have clear access rights to roads.
(iii) Be located, if possible, at least one-half mile, but not less than one-quarter mile from the edge of the Commercial Forest boundary to reduce noise impacts.
(iv) All shooting areas must be designed so that spent shot or projectiles land well within the outer boundaries of the parcel.
(v) Any combination of clubhouse, indoor shooting range, or outbuildings is less than 10,000 square feet in total footprint. (Larger multi-use facilities are provided for as a master planned resort.)
(vi) Campgrounds provided for in the definition of outdoor shooting ranges includes RV campgrounds for overnight use without hookups.
33.07.030 Commercial Forest/Mixed Use 20 (CFM20).
The purpose of the Commercial Forest/Residential Mixed Use 20 zone is to maintain and enhance the forest resources of Clallam County through conservation of productive forest lands and discouragement of incompatible land uses. The Commercial Forest/Residential Mixed Use 20 zone provides for a compatible mix of commercial forest and residential land uses. The Commercial Forest/Residential Mixed Use 20 zone is usually found in association with the Commercial Forest zone and the forest reserves provided for under the cluster development option provide a buffer between Commercial Forest zoning and the housing allowed in the CFM zones and adjacent Rural Residential zones.
(1) Allowed Land Uses. The following land uses should be allowed outright in the Commercial Forest/Residential Mixed Use 20 zoning district:
Agricultural activities
Cluster developments
Commercial greenhouse (wholesale)
Communication relay facilities
Family daycare providers
Fish and wildlife management structures and activities
Forest or ecological research facilities and related educational facilities
Home enterprises
Mineral extraction
Power generating facilities having a capacity of not more than five (5) megawatts
Primitive campgrounds
RV park
Single-family dwellings
Timber harvesting
Water extraction facilities
(2) Conditional Land Uses. The following land uses should be allowed in the Commercial Forest/Residential Mixed Use 20 zoning district through a special permitting process with public input and a determination that the proposed use is consistent with applicable land use regulations and the character of the neighborhood:
Asphalt plant
Bed and breakfasts
Cemetery
Church
Commercial greenhouse (retail)
Commercial horse facility
Home-based industries
Lodge
Outdoor-oriented recreation facility
Outdoor shooting ranges
Race tracks
School
Timber labor camp
Veterinary clinics/kennels
Wood manufacturing
(3) Prohibited Land Uses. The following land uses should be prohibited in the Commercial Forest/Residential Mixed Use 20 zoning district:
Airports
Business parks
Child daycare center
Commercial storage
Duplexes
Gas stations
Grocery stores
Medical service facilities
Mobile home parks
Motels
Multiple-family dwellings
Planned unit development
Professional offices
Restaurants
Retail stores
Taverns
Tourist shops
Vehicular repair
Wrecking yards
(4) Maximum Residential Density. One dwelling unit per 19.6 acres.
(5) Minimum Lot Size. Five (5) acres.
(6) Maximum Lot Size. Ten (10) acres; provided, that a single forest reserve lot within a land division is allowed on divisions of forty (40) acres or greater. The forest reserve lot shall be located so as to buffer commercial forest lands and the smaller lots in the land division.
(7) Minimum Lot Width. Seventy-five (75) feet.
(8) Maximum Width to Depth Ratio. 1:5 (0.20).
(9) Setbacks. The setbacks are established by the underlying zoning district.
(a) Front yard – forty-five (45) feet from a local access street, fifty (50) feet from an arterial street, sixty (60) feet from a highway.
(b) Side yard – ten (10) feet (forty (40) feet from the centerline of the right-of-way of a side street).
(c) Rear yard – fifteen (15) feet (forty (40) feet from the centerline of the right-of-way of a rear street).
33.07.040 Commercial Forest/Mixed Use 5 (CFM5).
The purpose of the Commercial Forest/Residential Mixed Use 5 zone is to maintain and enhance the forest resources of Clallam County through conservation of productive forest lands and discouragement of incompatible land uses. The Commercial Forest/Residential Mixed Use 5 zone provides for a compatible mix of commercial forest and residential land uses. The Commercial Forest/Residential Mixed Use 5 zone is usually found in association with the Commercial Forest zone and the forest reserves provided for under the cluster development option provide a buffer between Commercial Forest zoning and the housing allowed in the CFM zones and adjacent rural residential zones.
(1) Allowed Land Uses. The following land uses should be allowed outright in the Commercial Forest/Residential Mixed Use 5 zoning district:
Agricultural activities
Cluster developments
Commercial greenhouse (wholesale)
Communication relay facilities
Family daycare providers
Fish and wildlife management structures and activities
Forest or ecological research facilities and related educational facilities
Home enterprises
Mineral extraction
Power generating facilities having a capacity of not more than five (5) megawatts
Primitive campgrounds
RV park
Single-family dwellings
Timber harvesting
Water extraction facilities
(2) Conditional Land Uses. The following land uses should be allowed in the Commercial Forest/Residential Mixed Use 5 zoning district through a special permitting process with public input and a determination that the proposed use is consistent with applicable land use regulations and the character of the neighborhood:
Asphalt plant
Bed and breakfasts
Cemetery
Church
Commercial greenhouse (retail)
Commercial horse facility
Home-based industries
Lodge
Outdoor-oriented recreation facility
School
Timber labor camp
Veterinary clinics/kennels
Wood manufacturing
(3) Prohibited Land Uses. The following land uses should be prohibited in the Commercial Forest/Residential Mixed Use 5 zoning district:
Airports
Business parks
Child daycare center
Commercial storage
Duplexes
Gas stations
Grocery stores
Medical service facilities
Mobile home parks
Motels
Multiple-family dwellings
Planned unit development
Professional offices
Race tracks
Restaurants
Retail stores
Shooting ranges
Taverns
Tourist shops
Vehicular repair
Wrecking yards
(4) Maximum Residential Density. One dwelling unit per 4.8 acres.
(5) Minimum Lot Size. One acre.
(6) Maximum Lot Size. 2.5 acres; provided, that a single forest reserve lot within a land division is allowed on divisions of forty (40) acres or greater. The forest reserve lot shall be located so as to buffer commercial forest lands and the smaller lots in the land division.
(7) Minimum Lot Width. Seventy-five (75) feet.
(8) Maximum Width to Depth Ratio. 1:5 (0.20).
(9) Setbacks. The setbacks are established by the underlying zoning district:
(a) Front yard – forty-five (45) feet from a local access street, fifty (50) feet from an arterial street, sixty (60) feet from a highway.
(b) Side yard – ten (10) feet (forty (40) feet from the centerline of the right-of-way of a side street).
(c) Rear yard – fifteen (15) feet (forty (40) feet from the centerline of the right-of-way of a rear street).
33.07.050 Public Land (P).
The purpose of the Public Land Use zoning district is to identify properties used for public purposes such as public buildings, schools, cemeteries, parks, playgrounds and recreational areas.
All new uses on public land zoning districts shall be conditional. They shall go through the conditional use permitting process with public input and a determination that the proposed use is appropriate and compatible with neighboring land use and/or includes mitigation that makes it an acceptable use.
(1) Maximum Residential Density. One single-family dwelling for a caretaker.
(2) Minimum Lot Size. The minimum necessary to provide adequate potable water and sewage disposal for the proposed use.
(3) Setbacks.
(a) Front yard – forty-five (45) feet from a local access street, fifty (50) feet from an arterial street, sixty (60) feet from a highway.
(b) Side yard – eight (8) feet (forty (40) feet from the centerline of the right-of-way of a side street).
(c) Rear yard – fifteen (15) feet (forty (40) feet from the centerline of the right-of-way of a rear street).
33.07.060 Airport Overlay district.
The purpose of the Airport Overlay district is to allow airport related uses in rural areas around pre-existing public and private airports. The airport must remain as the primary use in this district with airport-related accessory uses providing support for the continued viability of the airport.
(1) Allowed Land Uses. The following land uses should be allowed outright in the Airport Overlay district:
Agricultural activities
Aircraft hangars (less than 24,000 square feet)
Aircraft-related industrial (less than 10,000 square feet)
Aircraft-related retail
Aircraft sales and service
Airports
All land uses allowed in the underlying zoning district
Public buildings
(2) Conditional Land Uses. The following land uses should be permitted in the Airport Overlay zoning district through a special permitting process with public input and a determination that the proposed use is consistent with applicable land use regulations and the character of the neighborhood:
Aircraft hangars (greater than 24,000 square feet)
Aircraft related industrial (greater than 10,000 square feet)
Motels (twenty (20) units maximum)
Outdoor-oriented recreation facilities
Professional offices
Research facilities
(3) Prohibited Land Uses. The following land uses should be prohibited in the Airport Overlay zoning district:
Asphalt plants
Bed and breakfast inns
Business parks
Cemeteries
Child daycare center
Churches
Commercial greenhouses
Commercial horse facility
Commercial storage
Duplexes
Family daycare providers
Gas stations
Grocery stores
Home-based industries
Home enterprises
Lodges
Medical service facilities
Mineral extraction
Mobile home parks
Multiple-family dwellings
Planned unit developments
Private outdoor-oriented recreational activities
Race tracks
Retail stores
RV parks
Schools
Single-family dwellings
Taverns
Timber harvesting
Timber labor camps
Tourist shops
Vehicular repair
Veterinarian clinics/kennels
Wood manufacturing
Wrecking yards
(4) Other Performance Standards. In keeping with their rural location, airport-related retail stores, aircraft sales and service buildings, professional offices, public buildings, research facilities and buildings associated with outdoor-oriented recreation facilities shall be no larger than 6,500 square feet. Airport-related restaurants shall be no larger than 3,000 square feet.
Chapter 33.10
RURAL ZONESSections:
33.10.010 Rural Very Low (R20).
33.10.020 Rural Low (R5).
33.10.025 Western Region Rural Low (RW5).
33.10.030 Rural Moderate (R2).
33.10.035 Western Region Rural Moderate (RW2).
33.10.040 Rural (R1).
33.10.045 Western Region Rural (RW1).
33.10.045A Rural Suburban Community (RSC).
33.10.050 Rural Character Conservation 5 (RCC5) – Purpose.
33.10.060 Rural Character Conservation 3 (RCC3) – Purpose.
33.10.070 Rural Low Mixed (RLM) – Purpose.
33.10.080 Quillayute Residential (QR).
SOURCE: ADOPTED:
Ord. No. 581, 1995 12/19/95
AMENDED SOURCE: ADOPTED:
Ord. No. 597, 1996 07/09/96
Ord. No. 601, 1996 07/23/96
Ord. No. 620, 1997 07/08/97
Ord. No. 766, 2004 12/21/04
33.10.010 Rural Very Low (R20).
The purpose of the Rural Very Low zone is to conserve and enhance the forest resources of Clallam County by providing a transition between rural land uses and Commercial Forest zoning districts.
(1) Allowed Land Uses. The following land uses should be allowed outright in the Rural Very Low zoning district:
Agricultural activities
Bed and breakfast inns
Cemeteries
Commercial greenhouses (wholesale)
Commercial horse facility
Family daycare providers
Home-based industries
Home enterprises
Planned unit developments
Single-family dwellings
Timber harvesting
(2) Conditional Land Uses. The following land uses should be permitted in the Rural Very Low zoning district through a special permitting process with public input and a determination that the proposed use is consistent with applicable land use regulations and the character of the neighborhood:
Child daycare center
Churches
Commercial greenhouses (retail)
Mineral extraction
Outdoor-oriented recreational activity
Primitive campgrounds
Private schools with less than fifty (50) students
Race tracks
Research facilities
RV parks
RV parks in the western half of the Straits Regional Comprehensive Planning Area
Shooting ranges
Veterinarian clinics/kennels
Wood manufacturing (small-scale)
(3) Prohibited Land Uses. The following land uses should be prohibited in the Rural Very Low zoning district:
Airports
Asphalt plants
Business parks
Commercial storage
Duplexes
Gas stations
Grocery stores
Lodges
Medical service facilities
Mobile home parks
Motels
Multiple-family dwellings
Professional offices
Restaurants
Retail stores
Schools
Taverns
Timber labor camps
Tourist shops
Vehicular repair
Wrecking yards
(4) Maximum Residential Density. One dwelling unit per twenty (20) acres or 1/32 of a standard section subdivision.
(5) Minimum Lot Size. Five (5) acres or 1/128 of a standard section subdivision.
(6) Minimum Lot Width. Seventy-five (75) feet.
(7) Maximum Width to Depth Ratio. 1:5 (0.20).
(8) Setbacks.
(a) Front yard – forty-five (45) feet from a local access street, fifty (50) feet from an arterial street, sixty (60) feet from a highway.
(b) Side yard – ten (10) feet (forty (40) feet from the centerline of the right-of-way of a side street).
(c) Rear yard – fifteen (15) feet (forty (40) feet from the centerline of the right-of-way of a rear street).
33.10.020 Rural Low (R5).
The purpose of the Rural Low zone is to provide areas having a low density rural setting free from commercial, industrial, and moderate density residential developments.
(1) Allowed Land Uses. The following land uses should be allowed outright in the Rural Low zoning district:
Agricultural activities
Bed and breakfast inns
Commercial greenhouses (wholesale)
Commercial horse facility
Duplex2
Family daycare provider
Home enterprises
Single-family dwellings
Timber harvesting
(2) Conditional Land Uses. The following land uses should be permitted in the Rural Low zoning district through a special permitting process with public input and a determination that the proposed use is consistent with applicable land use regulations and the character of the neighborhood:
Cemeteries
Child daycare center
Churches
Commercial greenhouses (retail)
Home-based industries
Mineral extraction
Outdoor-oriented recreational activity
Primitive campgrounds
Private schools with less than fifty (50) students
Research facilities
RV parks in the western half of the Straits Regional Comprehensive Planning Area
Veterinarian clinics/kennels
Wood manufacturing (small-scale)
(3) Prohibited Land Uses. The following land uses should be prohibited in the Rural Low zoning district:
Airports
Asphalt plants
Business parks
Commercial storage
Gas stations
Grocery stores
Lodges
Medical service facilities
Mobile home parks
Motels
Multiple-family dwellings
Planned unit developments
Professional offices
Race tracks
Restaurants
Retail stores
RV parks
Schools
Shooting ranges
Taverns
Timber labor camps
Tourist shops
Vehicular repair
Wrecking yards
(4) Maximum Residential Density. One dwelling unit per 4.8 acres or 1/128 of a standard section subdivision.
(5) Minimum Lot Size. One acre.
(6) Minimum Lot Width. Seventy-five (75) feet.
(7) Maximum Width to Depth Ratio. 1:5 (0.20).
(8) Setbacks.
(a) Front yard – forty-five (45) feet from a local access street, fifty (50) feet from an arterial street, sixty (60) feet from a highway.
(b) Side yard – ten (10) feet (forty (40) feet from the centerline of the right-of-way of a side street).
(c) Rear yard – fifteen (15) feet (forty (40) feet from the centerline of the right-of-way of a rear street).
(d) From Resource zone – fifty (50) feet (twenty (20) feet for accessory structures).
33.10.025 Western Region Rural Low (RW5).
The purpose of the Western Region Rural Low zone is to provide home sites in rural forestry areas with limited encroachment of commercial and industrial activities in the western region of Clallam County.
(1) Allowed Land Uses. The following land uses should be allowed outright in the Western Region Rural Low zoning district:
Agricultural activities
Bed and breakfast inns
Cemeteries
Duplexes
Family daycare providers
Home-based industries
Home enterprises
Single-family dwellings
Timber harvesting
(2) Conditional Land Uses. The following land uses should be permitted in the Western Region Rural Low zoning district through a special permitting process with public input and a determination that the proposed use is consistent with applicable land use regulations and the character of the neighborhood:
Airports
Asphalt plants
Business parks
Child daycare center
Churches
Commercial greenhouses
Commercial horse facility
Commercial storage
Gas stations
Grocery stores
Industrial uses
Lodges
Medical service facilities
Mineral extraction
Mobile home parks
Motels
Multiple-family dwellings
Outdoor-oriented recreational activity
Planned unit developments
Primitive campgrounds
Private schools with less than fifty (50) students
Professional offices
Race tracks
Research facilities
Restaurants
Retail stores
RV parks
Schools
Shooting ranges
Taverns
Timber labor camps
Tourist shops
Vehicular repair
Veterinarian clinics/kennels
Wood manufacturing
Wrecking yards
(3) Prohibited Land Uses. The following land uses should be prohibited in the Western Region Rural Low zoning district: None.
(4) Maximum Residential Density. One dwelling unit per 4.8 acres or 1/128th of a standard section subdivision.
(5) Minimum Lot Size. 2.4 acres.
(6) Minimum Lot Width. Seventy-five (75) feet.
(7) Maximum Width to Depth Ratio. 1:5 (0.20).
(8) Setbacks.
(a) Front yard – forty-five (45) feet from a local access street, fifty (50) feet from an arterial street, sixty (60) feet from a highway.
(b) Side yard – ten (10) feet (forty (40) feet from the centerline of the right-of-way of a side street).
(c) Rear yard – fifteen (15) feet (forty (40) feet from the centerline of the right-of-way of a rear street).
33.10.030 Rural Moderate (R2).
The purpose of the Rural Moderate (R2) zone is to provide areas having a moderate density rural setting free from commercial, industrial, and high density residential developments.
(1) Allowed Land Uses. The following land uses should be allowed outright in the Rural Moderate zoning district:
Agricultural activities
Bed and breakfast inns
Commercial greenhouses (wholesale)
Duplexes3
Family daycare providers
Home enterprises
Single-family dwellings
Timber harvesting
(2) Conditional Land Uses. The following land uses should be permitted in the Rural Moderate zoning district through a special permitting process with public input and a determination that the proposed use is consistent with applicable land use regulations and the character of the neighborhood:
Cemeteries
Child daycare center
Churches
Commercial greenhouses (retail)
Commercial horse facility
Home-based industries
Mineral extraction
Outdoor-oriented recreation activity
Primitive campgrounds
Private schools with less than fifty (50) students
Research facilities
RV parks in the western half of the Straits Regional Comprehensive Planning Area
Veterinarian clinics/kennels
(3) Prohibited Land Uses. The following land uses should be prohibited in the Rural Moderate zoning district:
Airports
Asphalt plants
Business parks
Commercial storage
Gas stations
Grocery stores
Lodges
Medical service facilities
Mobile home parks
Motels
Multiple-family dwellings
Planned unit developments
Professional offices
Race tracks
Restaurants
Retail stores
RV parks
Schools
Shooting ranges
Taverns
Timber labor camps
Tourist shops
Vehicular repair
Wood manufacturing
Wrecking yards
(4) Maximum Residential Density. One dwelling unit per 2.4 acres or 1/256 of a standard section subdivision.
(5) Minimum Lot Size. One acre.
(6) Minimum Lot Width. Seventy-five (75) feet.
(7) Maximum Width to Depth Ratio. 1:5 (0.20).
(8) Setbacks.
(a) Front yard – forty-five (45) feet from a local access street, fifty (50) feet from an arterial street, sixty (60) feet from a highway.
(b) Side yard – ten (10) feet (forty (40) feet from the centerline of the right-of-way of a side street).
(c) Rear yard – fifteen (15) feet (forty (40) feet from the centerline of the right-of-way of a rear street).
(d) From Resource zones – fifty (50) feet (twenty (20) feet for accessory structures).
33.10.035 Western Region Rural Moderate (RW2).
The purpose of the Western Region Rural Moderate zone is to provide areas for persons who desire to live in a low-density rural setting with limited encroachment of commercial and industrial activities.
(1) Allowed Land Uses. The following land uses should be allowed outright in the Western Region Rural Low zoning district:
Agricultural activities
Bed and breakfast inns
Cemeteries
Duplexes
Family daycare providers
Home-based industries
Home enterprises
Single-family dwellings
Timber harvesting
(2) Conditional Land Uses. The following land uses should be permitted in the Western Region Rural Moderate zoning district through a special permitting process with public input and a determination that the proposed use is consistent with applicable land use regulations and the character of the neighborhood:
Airports
Asphalt plants
Business parks
Child daycare center
Churches
Commercial greenhouses
Commercial horse facility
Commercial storage
Gas stations
Grocery stores
Industrial uses
Lodges
Medical service facilities
Mineral extraction
Mobile home parks
Motels
Multiple-family dwellings
Outdoor-oriented recreational activity
Planned unit developments
Primitive campgrounds
Private schools with less than fifty (50) students
Professional offices
Race tracks
Research facilities
Restaurants
Retail stores
RV parks
Schools
Shooting ranges
Taverns
Timber labor camps
Tourist shops
Vehicular repair
Veterinarian clinics/kennels
Wood manufacturing
Wrecking yards
(3) Prohibited Land Uses. The following land uses should be prohibited in the Western Region Rural Moderate zoning district: None.
(4) Maximum Residential Density. One dwelling unit per 2.4 acres.
(5) Minimum Lot Size. 2.4 acres.
(6) Minimum Lot Width. Seventy-five (75) feet.
(7) Maximum Width to Depth Ratio. 1:5 (0.20).
(8) Setbacks.
(a) Front yard – forty-five (45) feet from a local access street, fifty (50) feet from an arterial street, sixty (60) feet from a highway.
(b) Side yard – ten (10) feet (forty (40) feet from the centerline of the right-of-way of a side street).
(c) Rear yard – fifteen (15) feet (forty (40) feet from the centerline of the right-of-way of a rear street).
33.10.040 Rural (R1).
The purpose of the Rural zone is to provide areas having a suburban/rural density setting free from commercial and industrial developments.
(1) Allowed Land Uses. The following land uses should be allowed outright in the Rural zoning district:
Agricultural activities
Bed and breakfast inns
Commercial greenhouses (wholesale)
Duplexes4
Family daycare providers
Home enterprises
Planned unit developments
Single-family dwellings
Timber harvesting
(2) Conditional Land Uses. The following land uses should be permitted in the Rural zoning district through a special permitting process with public input and a determination that the proposed use is consistent with applicable land use regulations and the character of the neighborhood:
Cemeteries
Child daycare center
Churches
Commercial greenhouses (retail)
Commercial horse facility
Home-based industries
Outdoor-oriented recreational activity
Primitive campgrounds
Private schools with less than fifty (50) students
Research facilities
Veterinarian clinics/kennels
(3) Prohibited Land Uses. The following land uses should be prohibited in the Rural zoning district:
Airports
Asphalt plants
Business parks
Commercial storage
Gas stations
Grocery stores
Lodges
Medical service facilities
Mineral extraction
Mobile home parks
Motels
Multiple-family dwellings
Professional offices
Race tracks
Restaurants
Retail stores
RV parks
Schools
Shooting ranges
Taverns
Timber labor camps
Tourist shops
Vehicular repair
Wood manufacturing
Wrecking yards
(4) Maximum Residential Density. One dwelling unit per acre.
(5) Minimum Lot Size. One acre.
(6) Minimum Lot Width. Seventy-five (75) feet.
(7) Maximum Width to Depth Ratio. 1:5 (0.20).
(8) Setbacks.
(a) Front yard – forty-five (45) feet from a local access street, fifty (50) feet from an arterial street, sixty (60) feet from a highway.
(b) Side yard – ten (10) feet (forty (40) feet from the centerline of the right-of-way of a side street).
(c) Rear yard – fifteen (15) feet (forty (40) feet from the centerline of the right-of-way of a rear street).
(d) From Resource zones – fifty (50) feet (twenty (20) feet for accessory structures).
33.10.045 Western Region Rural (RW1).
The purpose of the Western Region Rural zone is a land use classification in areas where residential one acre lots in rural areas is either currently the predominant land use or is proposed.
(1) Allowed Land Uses. The following land uses should be allowed outright in the Western Region Rural zoning district:
Agricultural activities
Bed and breakfast inns
Cemeteries
Duplexes
Family daycare providers
Home-based industries
Home enterprises
Single-family dwellings
Timber harvesting
(2) Conditional Land Uses. The following land uses should be permitted in the Western Region Rural zoning district through a special permitting process with public input and a determination that the proposed use is consistent with applicable land use regulations and the character of the neighborhood:
Airports
Asphalt plants
Business parks
Child daycare center
Churches
Commercial greenhouses
Commercial horse facility
Commercial storage
Gas stations
Grocery stores
Industrial uses
Lodges
Medical service facilities
Mineral extraction
Mobile home parks
Motels
Multiple-family dwellings
Outdoor-oriented recreational activity
Planned unit developments
Primitive campgrounds
Private schools with less than fifty (50) students
Professional offices
Race tracks
Research facilities
Restaurants
Retail stores
RV parks
Schools
Shooting ranges
Taverns
Timber labor camps
Tourist shops
Vehicular repair
Veterinarian clinics/kennels
Wood manufacturing
Wrecking yards
(3) Prohibited Land Uses. The following land uses should be prohibited in the Western Region Rural zoning district: None.
(4) Maximum Residential Density. One dwelling unit per acre.
(5) Minimum Lot Size. One acre.
(6) Minimum Lot Width. Seventy-five (75) feet.
(7) Maximum Width to Depth Ratio. 1:5 (0.20).
(8) Setbacks.
(a) Front yard – forty-five (45) feet from a local access street, fifty (50) feet from an arterial street, sixty (60) feet from a highway.
(b) Side yard – ten (10) feet (forty (40) feet from the centerline of the right-of-way of a side street).
(c) Rear yard – fifteen (15) feet (forty (40) feet from the centerline of the right-of-way of a rear street).
33.10.045A Rural Suburban Community (RSC).
The purpose of the Rural Suburban Community zone is to allow very limited, residential infill development at one acre densities in rural areas that were almost fully developed at these densities prior to the passage of the Growth Management Act. An existing Rural Suburban Community zone shall not be expanded and new Rural Suburban Community zones shall not be established.
(1) Allowed Land Uses. The following land uses should be allowed outright in the Rural Suburban Community zoning district:
Agricultural activities
Bed and breakfast inns
Family daycare providers
Home enterprises
Single-family dwellings
Timber harvesting
(2) Conditional Land Uses. The following land uses should be permitted in the Rural Suburban Community zoning district through a special permitting process with public input and a determination that the proposed use is consistent with applicable land use regulations and the character of the neighborhood:
Child daycare center
Home-based industries
Outdoor-oriented recreational activity
(3) Prohibited Land Uses. The following land uses should be prohibited in the Rural Suburban Community zoning district:
Airports
Asphalt plants
Business parks
Cemeteries
Churches
Commercial greenhouses (retail)
Commercial greenhouses (wholesale)
Commercial horse facility
Commercial storage
Duplex5
Gas stations
Grocery stores
Lodges
Medical service facilities
Mineral extraction
Mobile home parks
Motels
Multiple-family dwellings
Planned unit developments
Primitive campgrounds
Private schools with less than fifty (50) students
Professional offices
Race tracks
Restaurants
Retail stores
Research facilities
RV parks
Schools
Shooting ranges
Taverns
Timber labor camps
Tourist shops
Vehicular repair
Veterinarian clinics/kennels
Wood manufacturing
Wrecking yards
(4) Maximum Residential Density. One dwelling unit per acre.
(5) Minimum Lot Size. One acre.
(6) Minimum Lot Width. Seventy-five (75) feet.
(7) Maximum Width to Depth Ratio. 1:5 (0.20).
(8) Setbacks.
(a) Front yard – forty-five (45) feet from a local access street, fifty (50) feet from an arterial street, sixty (60) feet from a highway.
(b) Side yard – ten (10) feet (forty (40) feet from the centerline of the right-of-way of a side street).
(c) Rear yard – fifteen (15) feet (forty (40) feet from the centerline of the right-of-way of a rear street).
(d) From Resource zo