Chapter 15.340
INDEX OF SUPPLEMENTAL USE CRITERIA

Sections:

15.340.010    Bed and breakfasts.

15.340.020    Home occupations.

15.340.030    Manufactured homes.

15.340.040    Manufactured home park.

15.340.050    Recreational vehicle park.

15.340.060    Small wind energy systems.

15.340.070    Commercial wireless communication support towers, antenna arrays and facilities.

15.340.010 Bed and breakfasts.

Bed and breakfasts shall be permitted in accordance with the use tables in ECC 15.310.040, subject to the following:

A.    An approved floor plan shall be kept on file with the inspections department;

B.    There shall be no substantial modifications to the exterior appearance of the structure; however, fire escapes, handicapped entrances and other features may be added to protect public safety;

C.    Meals shall be available on the premises only for guests and employees of the inn. Rooms may not be equipped with cooking facilities; and

D.    Parking shall not be allowed between the building and the street. [Ord. 4656 § 1 (Exh. O2), 2013.]

15.340.020 Home occupations.

A.    Purpose. This section establishes standards for operation of home occupations in dwelling units within residential districts; ensures that such home occupations are compatible with adjacent and nearby residential properties and uses; and allows residents of the community to use their residences as places to enhance or fulfill personal economic goals.

B.    Applicability. This section applies to any activity undertaken for gain or profit that results in a product or service and is carried on in a dwelling or building accessory to a dwelling.

1.    No home occupation, except as otherwise provided in this section, may be initiated, established, or maintained in a dwelling except in conformance with the regulations and performance standards set forth in this section.

2.    If the proposed activity consists entirely of office procedures and tasks in support of a particular business, and furthermore involves no customer or delivery traffic to the residence in conjunction with the business, such activity shall be considered as an accessory residential use. Accessory residential uses do not require a home occupation permit.

C.    Procedures. Home occupations are subject to the Type I review process as set forth in Chapter 15.210 ECC.

D.    Application Contents. Applications for a home occupation shall contain the following:

1.    The minimum application requirements set forth in ECC 15.220.020 and a completed home occupation application form provided by the department; if the applicant is not the owner, the application shall include written authorization from the legal owner(s);

2.    Payment of the application fee in the amount established in the city’s adopted fee schedule;

3.    A general site plan that shows:

a.    The proposed home occupation dimensions in relation to the residence footprint;

b.    How the property is located in reference to existing streets, alleys, and sidewalks;

c.    The proposed project and dimensions in relation to all existing and proposed development on the property;

d.    All existing buildings or structures on the subject property which are proposed to be utilized for the home occupation with setback dimensions and distances between buildings; and

e.    Present and additional off-street parking, if required.

E.    Standards of Performance. Home occupations shall be permitted in accordance with the use tables in ECC 15.310.040, subject to the following:

1.    There shall not be structural alteration that would alter the outward appearance from a residential to commercial nature to accommodate the occupation. An example would be large storefront windows and/or a flat roof with a traditional cornice (see Figure 15.340.020);

Figure 15.340.020. Examples of commercial architecture that would not be appropriate for a home occupation in a residential zone.

2.    The use, including all storage space, shall not occupy more than 33 percent of the residence’s floor area which is finished for living purposes;

3.    Only members of the family who reside on the premises and no more than one nonresident shall be engaged in the occupation(s) at any one time; provided, that home occupations with a nonresident employee shall provide off-street parking for the employee on site;

4.    There shall be no window display nor shall sample commodities be displayed outside the building;

5.    No materials or mechanical equipment shall be used which will have a negative impact on the residential area because of vibration, noise, dust, smoke, odor, interference with radio or television reception, or other factors;

6.    If materials or commodities delivered to or from the residence require delivery by a commercial vehicle larger than a small parcel delivery van or truck, or if the parking of customers’ automobiles in a manner or frequency causes disturbance or inconvenience to nearby residences, or if a public parking lot is necessary to accommodate the business, the occupation shall be termed a primary business and not a home occupation;

7.    For purposes of this section, use of the defined term “residence” contained in this code for the purpose of considering a home occupation in an accessory building shall be limited to single-family uses. Home occupations in multifamily dwellings shall be confined to the principal dwelling unit buildings and not be allowed in accessory structures;

8.    Any home occupation granted would be personal to the person to whom it is granted and under no circumstances shall any home occupation be carried over as a result of a change in ownership of the business activity. Prior to January 15th of each year the holder of the home occupation approval shall submit written notice to the community development department that they continue to operate the home occupation at the approved location and are in compliance with all home occupation requirements and any conditions that might have been imposed in granting such approval. Failure to submit that annual written notice will result in immediate revocation of the approval; and

9.    Only one sign is permitted for a home occupation in a residential zone. A sign permit is required; the size of the sign shall conform to the requirements of ECC 3.12.300(D).

F.    Final Decision. The final decision to grant or deny the permit will be issued by the director, as provided in Chapter 15.210 ECC (Type I permits). [Ord. 4807 § 49, 2018; Ord. 4656 § 1 (Exh. O2), 2013.]

15.340.030 Manufactured homes.

A new designated manufactured home is allowed in all zoning districts that allow single-family residences (see ECC 15.130.130, Definitions), and meets the following criteria:

A.    Is comprised of at least two fully enclosed parallel sections each of not less than 12 feet wide by 36 feet long;

B.    Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of nominal 3:12 pitch; and

C.    Has exterior siding similar in appearance to siding materials allowed on conventional site-built single-family residences that are built pursuant to the applicable building code.

D.    A manufactured home (see ECC 15.130.130, Definitions) is allowed in a manufactured home park pursuant to ECC 15.340.040. [Ord. 4656 § 1 (Exh. O2), 2013.]

15.340.040 Manufactured home park.

Manufactured home parks shall be permitted in accordance with the use tables in ECC 15.310.040, subject to the following property development standards:

A.    Minimum area shall be three acres;

B.    Developments are subject to building setback and intensity standards for the applicable zoning district as set forth in Chapter 15.320 ECC unless otherwise directed herein;

C.    Setback Standards.

1.    Minimum front yard: five feet from internal private roads; otherwise, the minimum front yard shall be the same as set forth in Chapter 15.320 ECC;

2.    Minimum separation of manufactured homes on the site: 10 feet;

3.    Side and rear setbacks to the manufactured home park property line (or manufactured home park boundary line as shown on the site development plan) shall meet the setbacks for the applicable zone in Chapter 15.320 ECC; and

4.    Accessory structures shall be located no closer than:

a.    Ten feet to mobile or manufactured homes on adjacent spaces, unless constructed of noncombustible materials, in which case the minimum setback shall be five feet;

b.    Five feet to accessory structures of mobile or manufactured homes on adjacent spaces; and

c.    Five feet to the mobile or manufactured home or other accessory structures on the same space, except a carport or garage may be attached to the mobile or manufactured home, and the separation may be waived when such structures are constructed of noncombustible materials;

D.    Development shall include common open space that meets the design criteria of ECC 15.520.030(E)(1) and equals no less than five percent of the net project area;

E.    Internal access roads must conform to one of the three local access street design options as referenced in ECC 15.410.040, including auto lanes, parking lanes, planting strips (between the road and sidewalk only for private roads), and sidewalks. Through roads (streets that extend from one end of the lot to the other) shall be dedicated as public streets and must comply with Section 3, Street Standards, of the city’s public works development standards;

F.    Developments shall comply with block and connectivity standards set forth in ECC 15.420.020;

G.    Developments shall provide an appropriate side and rear yard design treatment along the manufactured home park property line (or manufactured home park boundary line as shown on the site development plan) that meets the provisions of ECC 15.520.020;

H.    At least one of the off-street parking spaces required for each manufactured home shall be located on or adjacent to each manufactured home pad;

I.    All utility distribution and service lines located within the boundaries of a manufactured home park, including electric power, water supply, sewage disposal, natural gas, telephone, and television antenna cable, shall be installed underground in accordance with applicable city codes;

J.    Every manufactured home shall be permanently connected to electric power, water supply, sewage disposal, gas, and telephone service lines in compliance with applicable city codes;

K.    Mobile homes may be sited within the manufactured home park provided they comply with manufactured home setbacks and other development standards herein. Mobile homes must also pass a fire safety inspection performed by the Washington State Department of Labor and Industries before an installation permit will be issued;

L.    All mobile homes supported by piers shall be fully skirted;

M.    A manufactured home park may include a storage area for RVs owned by residents of the park, provided the storage area contains no utility hook-ups and no RV within the storage area shall be used as living quarters; and

N.    Recreational vehicles, used as a primary residence, are permitted within manufactured home park per RCW 35A.21.312, provided they meet the service and utility provisions per subsection (J) of this section or ECC 15.340.050(M). [Ord. 4807 § 50, 2018; Ord. 4656 § 1 (Exh. O2), 2013.]

15.340.050 Recreational vehicle park.

Recreational vehicle parks shall be permitted in accordance with the use tables in ECC 15.310.040, subject to the following performance standards:

A.    Minimum Size of the Recreational Vehicle Park. One hundred thousand square feet;

B.    Maximum Gross Density. One recreational vehicle space per each 2,000 square feet of land area;

C.    Recreational Space. Eight percent of the total site area shall be provided as defined recreation space. The recreation space shall be easily accessible and shall be improved and maintained in such a manner so as to provide adequate recreational facilities for the residents of the recreational vehicle park;

D.    Minimum Width. Each recreational vehicle space shall have a minimum width of 25 feet;

E.    Interior Private Streets.

1.    Twelve feet of width per each travel lane and 10 feet of width per each parking lane. A minimum of 20 feet shall be provided for one-way systems; and

2.    The streets shall be improved in accordance with Section 3, Street Standards, of the city’s public works development standards. In addition, all streets shall be well-drained, well-lighted, and continuously maintained in operable condition;

F.    Spacing Between Units. There shall be a minimum side-to-side dimension of 12 feet between units and a minimum end-to-end dimension of 10 feet between units;

G.    Minimum Setbacks Required. The following setback requirements shall apply:

1.    Twenty-five feet from a public street;

2.    Five feet from an interior private street; and

3.    Fifteen feet from the park boundary;

H.    Off-Street Parking. A minimum of one off-street parking space shall be required for each recreational vehicle space. It shall be located within the recreational vehicle space. In addition, one off-street parking space per each three recreational vehicle spaces shall be required for guest parking. The guest parking spaces shall be grouped and distributed evenly throughout the park;

I.    Pedestrian Walkways. Pedestrian walkways having a width of not less than four feet shall be provided from the recreational vehicle spaces to all service buildings, and facilities, refuse collection areas, and recreation areas. The walkways shall be hard-surfaced, well-drained, and well-lighted;

J.    Landscaping. See Chapter 15.570 ECC for applicable landscaping standards;

K.    Limit of Stay. No recreational vehicle shall remain within in a recreational vehicle park for more than 120 days in any one-year period;

L.    Solid Waste Disposal. The storage, collection and disposal of solid waste in recreational vehicle parks shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, or accident or fire hazards. Individual or grouped refuse containers must be screened from view except on collection day;

M.    Utilities. The following requirements for utilities shall apply:

1.    A water supply system shall be provided in the recreational vehicle park for each recreational vehicle space designed to accommodate the park user occupying a self-contained recreational vehicle, the water system for a recreational vehicle park shall be constructed and maintained in accordance with all applicable state and local codes and regulations;

2.    Watering Stations. Each recreational vehicle park shall be provided with one or more accessible water supply outlets for filling recreational vehicle water storage tanks;

3.    Sewage Disposal System. An adequate and safe sewage disposal system shall be provided in a recreational vehicle park for each recreational vehicle space designed to accommodate the park user occupying a self-contained vehicle and shall be connected to the public sewage system. The sewage disposal system in a recreational vehicle park shall be constructed and maintained in accordance with all applicable state and local codes and regulations;

4.    Sanitary Stations. Each recreational vehicle park shall be provided with sanitary dumping stations in the ratio of one for every 100 recreational vehicle spaces or fractional part thereof. The construction of the sanitary station shall be in accordance with the appropriate county department of health. Sanitary stations shall be screened from other activities by a visual barrier such as fences, walls, or natural growth and shall be separated from any recreational vehicle space by a distance of not less than 50 feet;

5.    Electrical Supply System. Each recreational vehicle park shall be provided with an underground electrical system which shall be installed and maintained in accordance with all applicable state and local codes and regulations;

6.    Other Utility Systems. If other utility systems such as natural gas, television cable, or telephone are installed in a recreational vehicle park, such installation shall be in accordance with state and local codes and regulations; and

N.    All recreational vehicle spaces shall be well marked and numbered. [Ord. 4656 § 1 (Exh. O2), 2013.]

15.340.060 Small wind energy systems.

A.    Purpose. To facilitate the installation and construction of wind energy systems in the city of Ellensburg for private landowners, subject to reasonable restrictions.

B.    Applicability. The requirements set forth herein shall govern the siting of small wind energy systems (SWES) used to generate mechanical or electrical energy to perform work, and which may be connected to the utility grid pursuant to Chapter 80.60 RCW, Net Metering of Electricity, serve as an independent source of energy, or serve as part of a hybrid system.

The requirements of this title shall apply to all new small wind energy systems (SWES) proposed after the effective date of the ordinance codified in this title. Any SWES for which a required permit has been properly issued prior to the effective date of the ordinance codified in this title shall not be required to meet the requirements of this title; provided, however, that any such pre-existing SWES that is not producing energy for a continuous period of 12 months shall meet the requirements of this title prior to recommencing production of energy. No modification that increases the height of the system or significantly increases its output shall be allowed without full compliance with this title.

C.    Where Permitted.

1.    One SWES system per parcel is permitted in all zones subject to satisfying all requirements as set forth in this chapter, except:

a.    Where otherwise noted in ECC 15.310.040; and

b.    On properties listed in the Ellensburg landmarks register which must first undergo landmarks and design commission approval as a Type II permit per ECC 15.210.050(B).

2.    Multiple SWES per parcel are permitted in all zoning districts (except where otherwise noted in ECC 15.310.040) subject to the issuance of a conditional use permit per ECC 15.250.040.

D.    General Requirements for Small Wind Energy Systems. In addition to the general requirements listed below, the applicant must provide documentation showing that the SWES meets the AWEA Small Wind Turbine Performance and Safety Standards as promulgated by the American Wind Energy Association:

1.    Visual Appearance – Lighting and Power Lines.

a.    Wind turbines shall be painted a nonreflective, nonobtrusive color such as the manufacturer’s default color option or a color that conforms to the environment and architecture of the community, unless FAA standards require otherwise. The reviewing authority may require a photo of a SWES of the same model as that proposed in the landowner’s application, adjacent to a building or some other object illustrating scale (e.g., manufacturer’s photo).

b.    No SWES shall be artificially lighted, except to the extent required by the FAA or other applicable authority.

c.    No SWES shall be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the wind turbine.

d.    Electrical controls, control wiring and power lines shall be wireless or underground, except where SWES wiring is brought together for connection to the transmission or distribution network adjacent to that network.

2.    Setbacks and Height Limits. The following setback requirements shall apply to all SWES towers:

a.    SWES structures up to 40 feet shall be allowed in all zones as a Type I review project (see Chapter 15.210 ECC). SWES structures exceeding 40 feet, but no more than a maximum of 100 feet, are allowed in the P-R zone and all commercial and industrial zones with a conditional use permit per ECC 15.250.040;

b.    Property Lines. Each tower shall be set back from the nearest property line a distance no less than 1.1 times its tower height unless appropriate easements are secured from adjacent property owners, or other acceptable mitigation is approved by the reviewing authority;

c.    Communication and Electrical Lines. Each SWES shall be set back from the nearest above-ground public or private nonparticipating utility a distance no less than 1.1 times its tower height determined from the existing power line or telephone line. Each SWES shall be set back from the nearest above-ground public or private participating utility a distance as specified by said utility; and

d.    Setbacks shall be measured to the outer edge of the base of the SWES structure towers. Guy cables and other accessory support structures may be located within setback areas.

3.    Sound Levels and Measurement. Audible sound due to SWES operations shall not exceed 55 dBA for any period of time, when measured at the property line of any abutting property. The level, however, may be exceeded during short-term events such as utility outages and/or severe windstorms.

4.    Safety.

a.    The blade tip of any wind turbine shall, at its lowest point, have ground clearance of no less than 15 feet, as measured at the lowest point of the arc of the blades.

b.    Wind turbine towers shall not provide step bolts or a ladder readily accessible to the public and all step bolts, ladder or access apparatus shall be a minimum height of 10 feet above ground level.

c.    All electrical equipment shall be safely and appropriately enclosed from unintentional access by means such as barrier fencing, equipment cabinetry or similar. All access doors to wind turbine towers and electrical equipment shall remain locked until access is necessary.

d.    Appropriate warning signage (e.g., electrical hazards) shall be placed on wind turbine towers, and electrical equipment.

e.    All SWES shall be equipped with over speed controls to limit rotation of blades to a speed below the designed limits of the system. No changes or alterations from the certified design shall be permitted unless accompanied by a licensed professional engineer’s statement of certification.

f.    Any SWES found to be unsafe by the building official shall be repaired by the landowner to meet federal, state and local safety standards or removed within three months.

5.    Federal, State and Local Requirements.

a.    SWES shall comply with all current adopted city of Ellensburg codes and ordinances, including but not limited to ECC Titles 3, 4, and 15.

b.    SWES must comply with regulations of the Federal Aviation Administration (FAA).

c.    All SWES electrical systems shall comply with requirements per the Washington State Department of Labor and Industries and the current adopted edition of the National Electrical Code (NEC).

d.    All SWES with the intention to tie to their respective utility provider’s grid system shall meet the requirements of Chapter 80.60 RCW, Net Metering of Electricity.

E.    Abandonment Process.

1.    At such time that a SWES is scheduled to be abandoned or discontinued, the applicant will notify the building official by certified U.S. mail of the proposed date of abandonment or discontinuation of operations.

2.    Upon abandonment or discontinuation of use, the owner shall physically remove the SWES within 90 days from the date of abandonment or discontinuation of use. This period may be extended at the request of the owner and at the discretion of the building official. The term “physically remove” shall include, but not be limited to:

a.    Removal of the wind turbine and tower and related above grade structures.

b.    Restoration of the location of the SWES to its natural condition, except that any landscaping, grading or below grade foundation may remain in the after-conditions.

3.    In the event that an applicant fails to give such notice as required in subsection (E)(1) of this section, the SWES shall be considered abandoned or discontinued if it has been out-of-service for a continuous 12-month period. After the 12 months of inoperability, the building official may issue a notice of abandonment to the owner of the SWES. The owner shall have the right to respond to the notice of abandonment within 30 days from notice receipt date. The building official shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides information that demonstrates the SWES has not been abandoned.

4.    If the owner fails to respond to the notice of abandonment or if after review by the building official it is determined that the SWES has been abandoned or discontinued, the owner of the small wind energy system shall remove the SWES at the owner’s sole expense within three months of receipt of the notice of abandonment.

5.    As a condition of initial SWES permit approval, the applicant may be required to provide a form of surety (e.g., post a bond, letter of credit or establish an escrow account or other) at the time of building permit approval to cover costs of the removal in the event the city must remove the facility. The applicant shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism to accommodate the rate of inflation over 15 years. [Ord. 4656 § 1 (Exh. O2), 2013.]

15.340.070 Commercial wireless communication support towers, antenna arrays and facilities.

A.    Residential Zones – Type I Review Process. Commercial wireless communication support towers, antenna arrays and facilities which do not exceed 47 feet in height from adjacent grade shall be permitted in all residential zones subject to the setback requirements as set forth for other buildings and structures in the zone. Said commercial wireless facilities which exceed 47 feet in height from adjacent grade shall be permitted uses in all residential zones; provided, however, they shall maintain a minimum setback of 300 feet from any property line.

B.    Commercial, Industrial and Public Reserve Zones – Type II Review Process. Commercial wireless communication support towers, antenna arrays and facilities shall be permitted uses in all commercial, industrial and public reserve zones of the city; provided, that they are not greater than 12 feet in height above the buildings on which they are located, or 12 feet in height above adjacent buildings. Such commercial wireless communication support towers, antenna arrays and facilities greater than 12 feet in height above the building on which they are located or greater than 12 feet in height above adjacent buildings shall be permitted; provided, however, they are located at least 150 feet from any residential zone. In addition, commercial wireless communication antenna arrays shall be permitted uses on the city of Ellensburg water tower, located in the northeast quarter of the northwest quarter, Section 1, Township 17 North, Range 18 East, Willamette Meridian, commonly referred to as Craig’s Hill; provided, that they do not extend more than four feet in height above the tallest point of the water tower. Associated facilities shall also be permitted uses. Associated facilities shall not exceed 12 feet in height from ground elevation and shall be contained with a defined and vegetated, screened, city-maintained compound, approximately 8,000 square feet in size. Self-supporting towers and associated facilities must adhere to all the conditions set forth in this section.

C.    Subject to Building Permit Review. All wireless communication support towers, antenna arrays and facilities shall require a city of Ellensburg building permit if the tower or facility is greater than six feet in height measured from adjacent grade, and all such towers over six feet shall submit the manufacturer’s structural engineered plans for the erection of such towers. Any such towers or facilities located on public reserved zoned property shall be reviewed by KITTCOM prior to the issuance of a building permit.

D.    Facilities within an Ellensburg Landmark District. Construction of a wireless communication support tower, wireless communication antenna array or wireless communication facility within an Ellensburg landmark district are subject to the procedures set forth in ECC 15.280.090 and are reviewed as a Type II permit per ECC 15.210.050(B). [Ord. 4807 § 51, 2018; Ord. 4656 § 1 (Exh. O2), 2013.]