40.260.105 Housing for Temporary Workers

A.    Purpose. The purposes of the temporary worker housing provisions are:

1.    To ensure adequate availability of housing for temporary farm workers and their families that is safe, decent, and affordable;

2.    To protect the character of the county’s rural and resource lands; and

3.    To prevent the inappropriate conversion of rural lands to higher density residential uses.

B.    Applicability.

1.    This section applies to the construction and operation of housing that is provided by an agricultural employer for agricultural employees and the employees’ family members.

2.    Temporary worker housing shall be considered accessory to the primary use of the property for agriculture or forestry, and may be allowed in addition to other permanent dwellings on a parcel.

3.    Where allowed, housing for temporary workers shall comply with the standards, requirements, and limitations in Section 40.260.105(C).

C.    Development and Operational Standards.

1.    Prior to the construction or placement of any temporary worker housing facility, the operator shall obtain approval of a building permit from:

a.    Clark County Community Development; or

b.    The Washington State Department of Health and/or the Department of Labor and Industries.

2.    Temporary worker dwellings and structures shall be located in accordance with the setbacks of the underlying zoning district, and shall not be considered agricultural structures for setback purposes.

3.    Temporary worker housing shall not be subject to site plan review.

4.    Operators with five (5) or more dwelling units or with ten (10) or more occupants shall be licensed in accordance with Chapter 246-358 WAC.

5.    Temporary worker housing shall comply with sanitary and health requirements of the State Department of Health and Clark County Public Health.

6.    The operator shall be responsible to implement a plan for collection and proper disposal of household waste and recyclables.

7.    Temporary worker housing shall be used exclusively for workers and family members of workers employed in the agricultural operations on the subject property or within the ownership of the agricultural operator.

8.    Temporary worker housing shall not be rented, leased or sold to the general public.

9.    Temporary worker housing units shall be removed from the site or demolished once they are no longer used on a seasonal annual basis for the purpose of housing temporary laborers. A covenant to this effect, acceptable to the Clark County Prosecuting Attorney, shall be recorded prior to occupancy of newly approved dwellings.

(Added: Ord. 2011-12-09)