Chapter 17.58
GENERAL REGULATIONS

Sections:

17.58.010    Purpose, intent and applicability.

17.58.020    Accessory structures – Residential zones.

17.58.030    Family home day care.

17.58.040    Group A home occupations.

17.58.050    Fences and hedges.

17.58.060    Repealed.

17.58.070    Swimming pools.

17.58.080    Domestic animals.

17.58.085    Livestock and poultry.

17.58.090    Storage standards.

17.58.100    Establishment of public nuisance.

17.58.110    Clear view triangle.

17.58.120    Manufactured permanent/temporary units.

17.58.130    Caretakers.

17.58.140    Flag poles, towers, and tower structures.

17.58.150    Value-added operation of winery/vineyard “A.”

17.58.010 Purpose, intent and applicability.

The purpose of the general regulations is to provide a concise reference to requirements that are common to many different zoning districts, thereby providing a more efficient utilization of this title. The provisions of this chapter shall apply to all districts unless otherwise stated. (Ord. 1196 § 3 (Exh. C), 2011; Ord. 1138 § 1 (Exh. A), 2008; Ord. 1097 § 1, 2007; Ord. 1039 § 1, 2004).

17.58.020 Accessory structures – Residential zones.

Where authorized pursuant to Chapter 17.18 CMC, District Use Chart, all accessory structures within residential districts shall meet the following minimum requirements:

A. Accessory structures shall not be used as a place of human habitation.

B. No accessory structure shall occupy any part of a required front yard area.

C. Detached accessory structures shall be no larger than the primary structure, and in no instance shall they exceed 24 feet in height. (Ord. 1196 § 3 (Exh. C), 2011; Ord. 1138 § 1 (Exh. A), 2008; Ord. 1097 § 1, 2007; Ord. 1039 § 1, 2004).

17.58.030 Family home day care.

Family day care providers, as defined in Chapter 17.08 CMC, shall be subject to a limited administrative review to determine that the following minimum criteria are met:

A. Comply with all building, fire, safety, health code, and business licensing requirements;

B. Conform to lot size, building size, setbacks, and lot coverage standards applicable to the zoning district except if the structure is a legal nonconforming structure;

C. Are certified by the State Department of Licensing;

D. Provide a safe passenger loading area;

E. Signage conforming with Chapter 17.60 CMC;

F. Hours of operation shall be clearly established and complied with to facilitate neighborhood compatibility, while also providing appropriate opportunity for persons who use family day care and who work a nonstandard work shift. (Ord. 1196 § 3 (Exh. C), 2011; Ord. 1138 § 1 (Exh. A), 2008; Ord. 1097 § 1, 2007; Ord. 1039 § 1, 2004).

17.58.040 Group A home occupations.

Where authorized pursuant to Chapter 17.18 CMC, District Use Chart, all Group A home occupations within residential districts shall meet the following minimum requirements:

A. Have applied for the ability to obtain a valid city business license;

B. Only resident family members are involved in the business;

C. Customers do not come to the home to receive goods and/or services;

D. Not more than 20 percent of the total interior living space, not to exceed 600 square feet, is to be used for the Group A home occupation;

E. No exterior signs or indications that a business is present in the home;

F. No window display and no sample commodities displayed outside the building;

G. Stock in trade stored or for sale shall not exceed 25 percent of the total home occupation area;

H. 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. (Ord. 1196 § 3 (Exh. C), 2011; Ord. 1138 § 1 (Exh. A), 2008; Ord. 1097 § 1, 2007; Ord. 1039 § 1, 2004).

17.58.050 Fences and hedges.

The following standards shall apply to all fences, hedges, and other landscape material unless otherwise provided for in this title:

A. Front yard fences, hedges and trees shall be pruned or maintained to 42 inches maximum height, so that a vehicle entering the street from a driveway can be seen by vehicles, pedestrians and bicyclists traveling on the public street or sidewalk.

B. On corner lots, fences, hedges, shrubs and all other materials shall be limited in height to a maximum of 36 inches measured along the right-of-way line from the intersection at least 15 feet. Slopes and embankments may necessitate a greater line of sight clearance so that a traffic safety hazard does not result to the vehicles, bicyclists, or pedestrians who are approaching the intersection.

C. Where two adjoining properties have front yards of differing depths, any fence built along the side yard between the two properties shall not exceed 42 inches adjacent to the front yard of either dwelling.

D. All fences, hedges, shrubs and other landscape materials shall not obstruct the clear view triangle as described herein.

E. Rear yard fences and side yard fences located beyond the front yard shall not exceed six feet in height. (Ord. 1196 § 3 (Exh. C), 2011; Ord. 1138 § 1 (Exh. A), 2008; Ord. 1097 § 1, 2007; Ord. 1039 § 1, 2004).

17.58.060 Decks, patios, porches, and slabs.

Repealed by Ord. 1264. (Ord. 1196 § 3 (Exh. C), 2011; Ord. 1138 § 1 (Exh. A), 2008; Ord. 1097 § 1, 2007; Ord. 1039 § 1, 2004).

17.58.070 Swimming pools.

Swimming pools are prohibited within the required yard setback areas of any zoning district, and the yard or area around them must be enclosed by a fence not less than five feet in height. (Ord. 1264 § 1 (Exh. A), 2017; Ord. 1196 § 3 (Exh. C), 2011; Ord. 1138 § 1 (Exh. A), 2008; Ord. 1097 § 1, 2007; Ord. 1039 § 1, 2004).

17.58.080 Domestic animals.

It is lawful in all zoning districts to have domestic animals as long as all applicable provisions of the CMC are complied with, including without limitation the provisions of this chapter. (Ord. 1196 § 3 (Exh. C), 2011; Ord. 1138 § 1 (Exh. A), 2008; Ord. 1097 § 1, 2007; Ord. 1039 § 1, 2004).

17.58.085 Livestock and poultry.

A. Compliance Required. It is unlawful for any person or persons to keep or maintain any livestock or poultry within the city limits except as provided in this chapter. For the purposes of this chapter, the terms “livestock” and “poultry” shall be as defined in Chapter 17.08 CMC, Definitions.

B. Livestock and Poultry – Permitted Where. Livestock and poultry are permitted within different zoning districts as determined by this title, provided the property ownership is at least one contiguous acre in size or greater and the other provisions of this chapter are met.

C. Criteria. The following minimum criteria shall be met where keeping of livestock and poultry are permitted by the zoning district, and provided the property ownership is at least one contiguous acre in size or greater:

1. The minimum pasture area maintained for each animal shall be as listed below:

a. One-half acre per each horse, pony, mule, cow and/or other similar size animal, except animals under one year of age shall be exempt from this requirement;

b. One-quarter acre per each sheep, goat or other similar size animal, except animals under one year of age shall be exempt from this requirement;

c. Twelve poultry per acre. Poultry may include any combination of chickens, ducks, geese, rabbits and similar type animals, except poultry under three months of age are exempt from this requirement;

d. One acre per each swine. When located within an urban growth area no more than three swine are permitted per property ownership. Swine under three months of age are exempt.

Example: The minimum land area required for one sheep and one horse shall be one acre, with three-quarters of an acre maintained in pasture as described below.

2. 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.

3. All livestock and poultry shall be kept in enclosures so constructed and maintained as to prevent the livestock from breaking through, out, or over the same and roaming at large through the city.

4. Adequate measures shall be taken to properly dispose of animal waste. Accumulations of animal waste shall be prohibited from being stored closer than 100 feet from any off-premises dwelling and/or any domestic or irrigation wells, and all accumulations of manure or refuse shall not be stored in excess of one week. Accumulated waste shall be prohibited within 200 feet of any domestic or irrigation well. Furthermore, all animals kept within the city shall be kept in a humane fashion and shall not create a noxious, foul or offensive condition.

5. Barns, shelters or other buildings or structures for the keeping or feeding of cattle, horses, goats, sheep, poultry or swine or other similar shelters for animals or birds shall be located a minimum of 100 feet from any off-premises residential dwelling.

6. Pastures are defined as that area which is enclosed within a perimeter fence, and shall not include that portion of the property used for residential purposes. Pasture areas shall be maintained with a permanent, uniform vegetative top cover and shall be kept free of noxious weeds.

7. Any future division of property must comply with the minimum standards above. The minimum pasture area and condition requirements must be met by each additional individual lot or parcel, including the original parcel of record, in order to maintain livestock or poultry on the property.

D. No person shall keep or maintain any wild, exotic, or nondomesticated animal within the corporate city limits. No exotic animals are allowed within an urban growth area without first obtaining a conditional use permit. The applicant shall submit the following facts:

1. The exotic or nondomesticated animals, at the location proposed, will not jeopardize, endanger, or otherwise constitute a menace to the public health or safety;

2. The proposed site is adequate in size and shape to accommodate the type of animal for which the permit is requested without harm to the animals or material detrimental to the use, enjoyment or valuation of the property of other persons located in the vicinity of the site; and

3. In no case shall a person have more than one poultry size or shape exotic animal per lot or parcel less than one acre. If greater than one acre, one exotic animal per acre.

All exotic animals shall comply with local, state and federal regulations. (Ord. 1196 § 3 (Exh. C), 2011; Ord. 1138 § 1 (Exh. A), 2008; Ord. 1097 § 1, 2007).

17.58.090 Storage standards.

It is unlawful and a violation of this title for the owner of any premises in the city, the owner’s agent, or the occupant of any premises in the city to store, keep or accumulate junk and/or junk vehicles on such property, or to allow anyone else to store, keep or accumulate junk and/or junk vehicles on such property. Any violations of these provisions shall be considered a public nuisance and shall be subject to the enforcement procedures described in Chapter 14.13 CMC.

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

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

2. Storage of junk, scrap lumber, metals, glass and other material is prohibited within all zoning classifications.

3. The repair of any personal automobile, truck or other vehicle of any kind upon the public streets or alleys in any residential district is prohibited. Said repair of personal vehicles shall only be conducted within a fully enclosed garage or other suitable structure meeting all of the applicable dimensional standards of this title.

4. No vehicle shall be stored on the lot so as to obstruct sidewalks or create a traffic hazard.

5. No shipping or cargo containers shall be permitted.

6. No unlicensed or inoperable vehicles shall be permitted.

7. A maximum of four vehicles located outside of an enclosed storage structure per lot or parcel within the single-family (SF), suburban residential (SR), and airport residential (AR) zone districts.

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

1. The storage of recreational vehicles shall be prohibited within a required front yard in a residential district or on the public right-of-way.

2. No more than one each boat and recreational vehicle per dwelling may be located outside of an enclosed building on any lot in any residential zoning district.

C. Refuse Storage. All outdoor trash, garbage and refuse storage areas associated with multifamily, commercial, public and/or industrial uses shall be screened on all sides from public view and, at a minimum, be enclosed with a five-and-one-half-foot-high wood, concrete or masonry wall, or sight-obscuring fence with landscaping on all sides.

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

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

D. It is unlawful for anyone to deliver and/or deposit any garbage or rubbish generated within the city or without the city at any disposal site other than a refuse disposal, processing, transfer or recover site lawfully permitted according to applicable local and state regulations. (Ord. 1196 § 3 (Exh. C), 2011; Ord. 1138 § 1 (Exh. A), 2008; Ord. 1097 § 1, 2007; Ord. 1039 § 1, 2004).

17.58.100 Establishment of public nuisance.

A. For the purposes of the CMC, public nuisances shall include but not be limited to those activities and situations defined in Chapter 17.08 CMC. Public nuisances are any nuisance that affects equally the rights of the entire community or neighborhood, although the extent of damage may be unequal. Public nuisances are considered hazards to the public health, safety and welfare adversely affecting the value and habitability of property within the city of Cashmere as a whole and may specifically cause substantial damage to adjoining and/or nearby property. The accumulated impacts of public nuisances if not abated will materially and adversely impact the quality of life and economic well-being of the neighborhood and the city. Chapter 8.36 CMC also addresses public nuisances.

B. Activities deemed to be a public nuisance that are conducted or occurring in any way on any lot, tract, parcel or premises shall be enforceable through Chapter 8.36 CMC, Public Nuisances; Chapter 14.13 CMC, Enforcement and Penalties; and any applicable Washington State statute. A public nuisance may include but is not limited to any thing, act, omission to act, occupation or use of property which:

1. Unreasonably annoys, injures or endangers the safety, health, comfort or repose of the public; and/or

2. Offends public decency; and/or

3. Unlawfully interferes with, obstructs, or renders dangerous for passage rivers, streams, canals, or a public park, square, street, alley, highway or sidewalk; and/or

4. Renders the public insecure in life or use of property; and/or

5. Creates an attractive nuisance by which the presence of a condition or activities can result in the attraction of children into a situation where hazards can threaten their health or safety, including but not limited to unused or abandoned large appliances, unused or abandoned motor vehicles, structurally unsound or unsafe fences, unsecured or abandoned excavations, unmaintained buildings, wells, pits, cisterns, storage tanks and any lumber, trash, debris or vegetation which may prove a hazard for minors; and/or

6. Additional public nuisances may be identified by the city and found to be in violation of the CMC when such conditions can be documented as resulting in conditions that are a menace to public health, safety, welfare and/or the public peace. (Ord. 1196 § 3 (Exh. C), 2011; Ord. 1138 § 1 (Exh. A), 2008; Ord. 1097 § 1, 2007; Ord. 1039 § 1, 2004).

17.58.110 Clear view triangle.

A. A clear view triangle shall be maintained for vision safety purposes on all corner lots, driveways and intersecting public/private roads. No fence, sign, utility structure, associated landscaping or any other sight obstruction between 42 inches and eight feet in height above the existing road grade shall be placed or maintained within the triangle.

B. The clear view triangle shall be established as follows:

1. At street intersections, it shall be determined by measuring 25 feet from the point of intersection of the two property lines, along the property lines adjacent to each street. The third side of the triangle shall be a line connecting the end points of the first two sides of the triangle.

2. At a driveway intersection with a street right-of-way, it shall be determined by measuring 15 feet along the road right-of-way and 15 feet along the edges of the driveway, beginning at the respective points of the intersection. The third side of the triangle shall be a line connecting the end points of the first two sides of the triangle. (Ord. 1196 § 3 (Exh. C), 2011; Ord. 1138 § 1 (Exh. A), 2008; Ord. 1097 § 1, 2007; Ord. 1039 § 1, 2004).

17.58.120 Manufactured permanent/temporary units.

Manufactured units (new or old) shall be permitted as a single-family dwelling unit in all residential districts. The minimum width of all manufactured units within residential districts shall be 24 feet. In addition, units shall be pit set with the first floor elevation no more than 12 inches above finished grade. The pit shall be of sufficient depth to accommodate 18 inches of clearance below the frame of the unit with crawl space access located near utility connections. The foundation shall be installed in compliance with the requirements of the Washington Administrative Code, Revised Code of Washington, International Residential Code and International Building Code. Skirting or sidewalls shall be installed around the perimeter, and the tongue and axle shall be removed.

Manufactured units within nonresidential districts shall comply with local, state and federal regulations and the most recent edition of the International Building Code. Units shall comply with one of the following uses:

A. Permanent Unit. Manufactured unit shall comply with manufacturer’s specifications for installations, and first floor elevation shall be no less than 18 inches above finished grade. The manufactured unit shall have a crawl space access located near utility connections. Skirting or sidewalls shall be installed around the perimeter, and the tongue and axle shall be removed.

B. Temporary Unit.

1. The maximum allowed time period for a temporary use is 45 days, and the use and placement of the units shall comply with the applicable zoning district’s development standards. The time period for a temporary unit may be extended for an additional 45 days, unless otherwise specified below.

2. No more than two renewals shall be issued for a temporary unit on a property within a 12-month period, unless specified below.

a. Specific Temporary Uses.

i. Construction Office. Construction office may be permitted as a temporary use incidental to construction occurring on the same site as the construction office proposed. (Ord. 1196 § 3 (Exh. C), 2011; Ord. 1138 § 1 (Exh. A), 2008; Ord. 1097 § 1, 2007).

17.58.130 Caretakers.

A. The caretaker’s residence shall be and remain incidental to the primary use of the property, and is limited to the duration of need associated with the custodial, maintenance or oversight of the owner’s property, building, and/or use.

B. Caretaker’s residences shall have separate utilities and meters.

C. The caretaker’s residence including covered garages/carports shall be limited to one residential structure, attached or detached, containing not more than 900 square feet.

D. Caretaker’s residence shall conform to lot size, building size, setbacks, and lot coverage standards applicable to the zoning district.

E. Both the title holder and the planning director 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 caretaker dwelling unit from the primary use of the land is prohibited, unless all standards in Cashmere Municipal Code can be met. This covenant is intended to run with the land burdening and benefiting the parties’ successors and assigns.

(Ord. 1196 § 3 (Exh. C), 2011; Ord. 1138 § 1 (Exh. A), 2008).

17.58.140 Flag poles, towers, and tower structures.

Flag poles, towers, and tower structures shall be permitted within all zoning districts.

A. Persons seeking to construct flag poles, towers, and tower structures pursuant to the provisions of this chapter shall complete and submit an application for a building permit for review and approval by city.

B. No more than three flag poles, towers, and tower structures shall be allowed per parcel or lot.

C. Flag poles, towers, and tower structures may be constructed within the warehouse/industrial, commercial/light industrial, and public lands to a maximum height of 15 feet greater than the established zoning district height requirement whether such structure is attached or freestanding. Flag poles, towers, and tower structures that exceed zoning district height requirements will require a conditional use permit, pursuant to Chapter 17.72 CMC, Conditional Uses.

D. Flag poles, towers, and tower structures shall comply with applicable zone district requirements unless otherwise stated within this chapter.

E. Flag poles, towers, and tower structures shall be located on the lot or license area so that the distance from the base of the tower or structure to any property line, license area boundary or adjacent/support structure is at least 100 percent of the proposed structural height.

F. Flag poles, towers, and tower structures shall comply with the most current edition of International Building Code (IBC) and International Residential Code (IRC).

G. Flag poles, towers, and tower structures that exceed zoning district height requirements shall have stamped signed plans and calculations submitted by an engineer to the city. Washington State professional engineer shall submit a report or letter showing that they addressed the following: wind speed of 90 miles per hour, seismic, snow and ice load, electrical grounding, and fall zone requirements.

H. Lighting of flag poles, towers, and tower structures is allowed. Downward and upward light shall be shielded and be incorporated into the design of the flag poles, towers, and tower structures. To contain the impacts of unsafe lighting and light pollution, the city prohibits the following, unless required by FAA, FCC or other federal, state, and local agencies:

1. Floodlights, searchlights, beacons, and laser source light fixtures.

2. Neon lighting.

3. Lighting which creates hazards to pedestrian and traffic safety, and which is a nuisance to surrounding properties because of excessive glare or light production.

4. Blinking, flashing, animated or moving lights.

I. All federal, state, and local regulations shall apply. (Ord. 1196 § 3 (Exh. C), 2011; Ord. 1138 § 1 (Exh. A), 2008).

17.58.150 Value-added operation of winery/vineyard “A.”

Value-added operation of winery/vineyard “A” means a winery or vineyard that is less than or equal to 2,500 square feet in size. Value-added winery/vineyard “A” is permitted provided the property and vineyard are at least one acre in size, and any and all cumulative ancillary uses are less than or equal to 1,000 square feet in size. Permitted ancillary uses may include decks, patios or terraces associated with the retail use and are limited to the small-scale processing and sale of wine or spirits, wine tasting, incidental and/or accessory food and beverage service, sale of ancillary items related to the winery and its products and small wine tasting events.

The following conditions shall apply to value-added operation of winery/vineyard “A”:

A. The applicant shall submit a site design plan which addresses and mitigates, if necessary, the impacts of the operation. Such impacts may include, but are not limited to, parking, noise, lighting, odor, drainage, and traffic.

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. (Ord. 1196 § 3 (Exh. C), 2011).