Chapter 18.44
GENERAL REGULATIONS
Sections:
18.44.025 Accessory dwelling units.
18.44.030 Exception to height limitations.
18.44.040 Exceptions to setback requirements.
18.44.050 Places of habitation.
18.44.060 Clear view triangle.
18.44.070 Residential performance standards.
18.44.080 Livestock and poultry standards.
18.44.090 Pedestrian and/or bicycle access.
18.44.100 Caretaker’s residence.
Prior legislation: Ord. 660.
18.44.010 Purpose.
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. (Ord. 858 § 27, 2023; Ord. 735 § 1 (Exh. A), 2012; Ord. 701 § 1 (Exh. A), 2009; Ord. 673 § 1 (Exh. B), 2007; Ord. 607 § 1, 2003)
18.44.020 Short-term rental.
(1) Purpose. The purpose of this section is to establish regulations for the operations of a short-term rental as defined in EMC 18.10.753, also known as a vacation rental. The provisions of this chapter are necessary to promote the public health and safety by protecting year-round residents the enjoyment of their homes and neighborhoods by minimizing the impact of vacation rentals/short-term rentals on adjacent residences, to promote and protect the development of affordable housing, and to encourage appropriate locations and growth of short-term rentals.
(2) Standards. Short-term rentals may be allowed as provided for in Chapter 18.40 EMC, District Use Chart, with the following minimum provisions and approval of a short-term rental permit:
(a) A short-term rental shall require one off-street parking space for each bedroom rented as part of the short-term rental, plus one additional space. The parking spaces must be provided on the property being rented.
(b) The total number of adults occupying a short-term rental may not exceed two adults per bedroom, or six adults total regardless of the number of bedrooms.
(c) Owner must have property insurance and liability coverage for the short-term rental.
(d) Short-term rentals are prohibited to be utilized as event space (i.e., no weddings, parties, or other events that include guests who are not occupants of the vacation rental/short-term rentals).
(e) If the unit is not an owner-occupied short-term rental, then a local contact must be provided who is able to respond 24 hours a day, seven days a week to any complaints. The local contact must be within 25 miles of the Entiat city limits. The owner shall post a sign both indoors and outdoors of each unit with contact information of a designated person to be notified concerning property use and/or complaints. Signs shall contain the following information of the contact person: name, address, and telephone number, and email.
(f) A sign shall be posted conspicuously inside the dwelling to provide property information, including: the property address; emergency contact information for fire, police, or emergency medical services, a floor plan with fire exits and escape routes, information on maximum occupancy; a site map depicting the property boundaries and location of off-street parking; the location of public shoreline access; contact information for the property owner or local contact; a street map showing emergency evacuation routes; and the renter’s responsibility to not allow occupants or pets to trespass on private property or to create noise and other disturbances.
(g) Functioning carbon monoxide detectors and smoke detectors shall be kept in operating order and installed as required by the International Residential Code (IRC).
(h) Functioning fire extinguisher(s) shall be installed and be kept in operating order within the short-term rental. There shall be one fire extinguisher per floor with a rating of 2-A:10-B:C or higher (commonly referred to as a “five-pound ABC” fire extinguisher) as recommended by NFPA 10, Standards for Portable Fire Extinguishers.
(i) Trash containers must be provided and serviced weekly.
(j) When a burn ban is in effect, the owner shall post a sign at the short-term rental to inform the occupants of the specific restrictions.
(k) The short-term rental shall operate out of a legally established dwelling unit or accessory dwelling unit. No more than one short-term rental shall be operated per each single-family property. In multifamily structures, no more than 20 percent of the units shall operate as short-term rental, except multifamily properties with only three or four units may have up to one short-term rental per property. In no case shall a short-term rental be operated out of a recreational vehicle, tent, parking space, garage, or other structure that is not designated as a dwelling unit.
(3) Permit Required. Short-term rentals shall not operate within the city of Entiat without an approved short-term rental permit.
(a) Short-term rental permits are nontransferable.
(b) Short-term rental permits expire if the business license is not renewed within 60 days after business license expiration.
(4) Business License. A business license issued by the city of Entiat shall be applied for within six months of the short-term rental permit approval. Prior to application of the business license, the owner shall request the city perform a safety inspection to verify the installation and operation of carbon monoxide detectors, smoke detectors, and fire extinguishers, that the local contact person information and property information is posted, and that all required conditions of approval of the permit have been complied with. The business license must be renewed each year. The owner must submit the following information to receive a business license or business license renewal:
(a) Verification of insurance;
(b) Safety inspection approval, or in subsequent years, self-certification of functioning fire extinguishers, carbon monoxide detectors, and smoke detectors, and that the local contact person information and property information is posted;
(c) Name, address, and telephone contact number of the property owner and local contact.
(5) Violations. It is the owner’s responsibility to ensure that all codes and requirements regarding the operation of short-term rentals are in compliance with all applicable codes regarding fire, life, safety, health, building, and other city ordinances. Any owner who allows the use of the property in violation of this section is subject to the enforcement authority of Chapter 14.12 EMC.
(6) Revocation of Permit. In addition to the revocation procedures within EMC 14.12.110, the city may immediately revoke the vacation rental/short term rental permit as a result of the following actions:
(a) Operating a vacation rental/short term rental without a business license.
(b) The discovery of material misstatements or providing of false information in the application or business license renewal process.
(c) Violations of this chapter of a sufficient severity in the reasonable judgment of the administrator.
(d) Three offenses of a similar nature within a 12-month period, issued pursuant to Chapter 14.12 EMC. (Ord. 858 § 27, 2023)
18.44.025 Accessory dwelling units.
An accessory dwelling unit, as defined in Chapter 18.10 EMC, shall meet the following minimum requirements:
(1) Only one accessory dwelling unit shall be allowed per building lot or home site in conjunction with a single-family structure, even if such structure is built on more than one platted lot;
(2) An accessory dwelling unit may be attached to, created within, or detached from a new or existing primary single-family dwelling unit;
(3) The property owner (which shall include title holders and contract purchasers) shall occupy either the primary unit or the accessory unit as their permanent residence;
(4) The accessory dwelling unit will require one parking space, which is in addition to any off-street spaces required for the primary single-family dwelling unit;
(5) The floor area for the accessory dwelling unit shall in no case exceed 900 square feet, nor be less than 300 square feet, and the accessory dwelling unit shall contain no more than two bedrooms. Additionally, the square footage of the accessory dwelling unit shall be no more than 50 percent of the area of the primary single-family dwelling;
(6) An accessory dwelling unit, together with the primary single-family dwelling unit and other accessory buildings or structures with which it is associated, shall conform to all other provisions of this code, and no variance of yard setback or building lot coverage requirements will be granted;
(7) The accessory dwelling unit shall meet the minimum requirements of the International Building Code, International Fire Code, health district and all other local, state and federal agencies;
(8) The accessory dwelling unit must be connected to the water and sewer utilities of the dwelling unit and may not have separate services;
(9) Future subdivision would require compliance with all applicable parts of the city of Entiat Municipal Code including, without limitation, water and sewer hook-up; and
(10) Conversions of accessory storage structures, including without limitation garages and carports, to accessory dwelling units shall only occur when that existing structure meets the required yard setbacks for a residence, including without limitation the rear and side yard requirements. (Ord. 858 § 27, 2023; Ord. 735 § 1 (Exh. A), 2012; Ord. 701 § 1 (Exh. A), 2009; Ord. 673 § 1 (Exh. B), 2007; Ord. 607 § 1, 2003)
18.44.030 Exception to height limitations.
The height limitations contained within each zoning district chapter do not apply, and are not limited to, the following: spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, flagpoles, smoke stacks, transmission towers, utility poles, radio and television towers, roof-top mechanical and ventilation equipment, or other appurtenances usually required to be placed above roof level and not used or intended to be used for human occupancy. (Ord. 858 § 27, 2023; Ord. 735 § 1 (Exh. A), 2012; Ord. 701 § 1 (Exh. A), 2009; Ord. 673 § 1 (Exh. B), 2007; Ord. 607 § 1, 2003)
18.44.040 Exceptions to setback requirements.
(1) Eaves, cornices, awnings, or other architectural projections may extend two feet into required front, side or rear yard areas.
(2) Covered patios, not exceeding 200 square feet, may extend into the rear setback 10 feet.
(3) Steps or decks of 30 inches or less in height may project into required setback areas.
(4) A lot in a district that permits residential uses when joined on one or both sides by lots on which primary structures are set back less than the district minimum may observe a required front yard setback equal to the average of adjacent primary structures or the average of the district minimum and an adjoining structure.
(5) All structures in residential zones shall set back at least 55 feet from the right-of-way nearest the undedicated side of any half-street. (Ord. 858 § 27, 2023; Ord. 735 § 1 (Exh. A), 2012; Ord. 701 § 1 (Exh. A), 2009; Ord. 673 § 1 (Exh. B), 2007; Ord. 607 § 1, 2003)
18.44.050 Places of habitation.
Recreational vehicles are prohibited as places of habitation when located outside of approved mobile home parks, or other areas having specific city authorization for such use. At no time shall recreational vehicles be used as permanent places of habitation. A recreational vehicle may be used for visitors for a total of 30 days in any 12-month period, provided it is parked on a lot that has an existing, permanent residential dwelling already constructed. Recreational vehicles may be used for temporary living purposes during the construction of a residence subject to all of the following conditions:
(1) A valid building permit for the residential dwelling has been issued by the city;
(2) Substantial progress is being made toward completing the construction of the residential dwelling for which the building permit was issued, as determined by the city;
(3) A written request is received by the city asking permission to use a recreational vehicle for temporary living purposes during construction of a residential dwelling, and specific written authorization from the city is granted with an identified start date for using the recreational vehicle for the stated purpose;
(4) The recreational vehicle is located on the same lot as the residential dwelling that is being constructed;
(5) The recreational vehicle is connected to the city’s water and wastewater services;
(6) Only one recreational vehicle is allowed;
(7) The same recreational vehicle shall be used for the duration of the authorized use, unless written authorization is requested by the owner and granted by the city to change the recreational vehicle. A change in the recreational vehicle used for the temporary living quarters for residential dwelling construction purposes shall not alter the allowed duration of the temporary living quarters use as established by the city; and
(8) The recreational vehicle shall be removed from the site and the temporary living use shall be discontinued at the completion of the construction of the residential dwelling or within one year of the start of the use of the recreational vehicle for temporary living purposes, as documented by the city, whichever occurs first. No extensions to this time line shall be granted. (Ord. 858 § 27, 2023; Ord. 735 § 1 (Exh. A), 2012; Ord. 701 § 1 (Exh. A), 2009; Ord. 673 § 1 (Exh. B), 2007; Ord. 607 § 1, 2003)
18.44.060 Clear view triangle.
(1) 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.
(2) The clear view triangle shall be established as follows:
(a) 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.
(b) 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. 858 § 27, 2023; Ord. 735 § 1 (Exh. A), 2012; Ord. 701 § 1 (Exh. A), 2009; Ord. 673 § 1 (Exh. B), 2007; Ord. 607 § 1, 2003)
18.44.070 Residential performance standards.
All residential dwellings permitted in the city of Entiat shall meet the following provisions. Manufactured home placement within manufactured home parks, in existence prior to adoption of the ordinance codified in this chapter, is excluded from these provisions:
(1) Minimum Width. The minimum width of the main body of a residence on a site shall not be less than 16 feet;
(2) Minimum living space floor area: 400 square feet for all types of residences;
(3) Minimum roof pitch: three feet vertical distance for every 12 feet horizontal distance; however, nothing in this section shall prevent a site-built home from using a roof with less pitch, provided the design, engineering and construction ensure the structure maintains the adopted snow load requirements;
(4) Foundation. A manufactured home shall have a foundation or skirting that is similar in appearance to foundations of housing built on site; and
(5) As allowed in EMC 18.40.020, District use chart, designated manufactured homes and manufactured homes located on individual lots, parcels or tracts of land shall be no more than 12 years old from the date of manufacture, at the time the placement permit application is submitted, which is determined by the date affixed to the home by the manufacturer or as listed on the deed or title identifying the date of construction. (Ord. 858 § 27, 2023; Ord. 735 § 1 (Exh. A), 2012; Ord. 701 § 1 (Exh. A), 2009; Ord. 673 § 1 (Exh. B), 2007; Ord. 607 § 1, 2003)
18.44.075 Home occupations.
Home occupations may be allowed as provided for in Chapter 18.40 EMC, District Use Chart, by home occupation permit with the following minimum provisions:
(1) The home occupation shall be clearly incidental and subordinate to the residential use, and the location of the home occupation must be the primary residence of the person conducting the home occupation.
(2) If located in the dwelling, the active conduct of the home occupation shall not use more than 50 percent of the floor area of one floor.
(3) If located in an accessory structure, the area devoted to the home occupation shall be based upon the floor area of the dwelling, as described in subsection (2) of this section.
(4) No persons other than residents of the dwelling and one outside employee may be employed in the home occupation. If there is an outside employee, there shall be one additional off-street parking space provided.
(5) If the business provides on-site service to clients or customers, there shall be one additional off-street parking space provided.
(6) There shall be no window displays and no commodities displayed or stored outside of the structure.
(7) No equipment or process shall be used which creates noise, vibration, glare, fumes, odors, or electrical interference or causes fluctuations in line voltage off the premises. (Ord. 858 § 27, 2023)
18.44.080 Livestock and poultry standards.
Livestock and poultry are permitted within different zoning districts as determined by EMC 18.40.020, District use chart, provided the property ownership is at least two contiguous acres in size or greater and the following minimum standards are met:
(1) The minimum pasture area maintained for each animal shall be as listed below:
(a) One acre per each horse, pony, mule, cow and/or other similar size animal.
(b) One-half acre per each sheep, goat or other similar size animal.
(c) Twelve poultry per acre. Poultry may include any combination of chickens, ducks, geese, rabbits and similar type animals.
(d) No swine, pigs, hogs or similar animals are allowed inside the city limits.
Example: The minimum land area required for one sheep and one horse shall be one and one-half acres 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 wastes. 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, 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.
(8) Exotic or unique animals shall be classified within one of the above categories according to similar size, weight, or type of animal, as determined by the director, and subject to the applicable regulations. (Ord. 858 § 27, 2023; Ord. 780, 2018; Ord. 735 § 1 (Exh. A), 2012; Ord. 701 § 1 (Exh. A), 2009; Ord. 673 § 1 (Exh. B), 2007; Ord. 617 § 1, 2004; Ord. 607 § 1, 2003)
18.44.090 Pedestrian and/or bicycle access.
All land development, uses and activities shall ensure provisions are made for safe and convenient pedestrian and/or bicycle access circulation systems that link lots, tracts, and/or buildings to adjoining parks and trail systems. Trail systems shall provide continuity of public access and/or facilitate their eventual connection to other areas incrementally through time.
(1) Trail improvements and easements/tracts of land shall be provided whenever a division of land or other development activity occurs for residential, commercial, industrial, and/or recreation development when near parks, recreation areas, schools, churches, dead-end roads, bodies of water such as rivers or lakes, existing/future trails, public facilities and/or other similar activities and facilities.
(2) The dimensions of the linkage system shall have a minimum easement width of 15 feet with a minimum width of 10 feet improved with gravel, asphalt or other similar all-weather surface materials. Linkage corridors may be bridged or partially covered but are intended for pedestrian movement through the entire length of the corridor.
(3) Maintenance of any trail corridor or improvement retained in private ownership shall be the responsibility of the owner or other separate entity capable of long-term maintenance and operation in a manner acceptable to the city. (Ord. 858 § 27, 2023; Ord. 735 § 1 (Exh. A), 2012; Ord. 701 § 1 (Exh. A), 2009; Ord. 673 § 1 (Exh. B), 2007)
18.44.100 Caretaker’s residence.
Caretaker’s residences shall be located on a second story or behind retail space located along the street frontage. (Ord. 858 § 27, 2023; Ord. 735 § 1 (Exh. A), 2012; Ord. 701 § 1 (Exh. A), 2009; Ord. 673 § 1 (Exh. B), 2007)
18.44.110 Outdoor lighting.
(1) Purpose. The purpose of this chapter is to provide regulations that preserve the view of the dark sky; and promote health, safety, and security. The provisions of this chapter are intended to control glare and light trespass. It is the intent of this chapter to provide standards for appropriate lighting practices and systems that will enable people to see essential detail in order that they may undertake their activities at night, facilitate safety and security of persons and property, and curtail the degradation of the nighttime visual environment.
(2) Applicability.
(a) All outdoor lighting fixtures installed on private and public property shall comply with this chapter.
(b) In the event of a conflict between the requirements of this chapter and any other requirement of the Entiat Municipal Code the more specific requirement shall apply.
(3) Exemptions. The following are exempt from the provisions of this section:
(a) Traffic control signals and devices;
(b) Outdoor lighting installed prior to the date of the ordinance codified in this section; provided, that when a fixture becomes inoperable, any replacement lighting shall be subject to the provisions of this section;
(c) Temporary emergency lighting (i.e., fire, police, repair workers) or warning lights;
(d) Moving vehicle lights;
(e) Navigation lights (i.e., radio/television towers, docks, piers, buoys) or any other lights where state or federal statute or other provision of the Entiat Municipal Code requires lighting that cannot comply with this chapter. In such situations, lighting shall be shielded to the maximum extent possible, and lumens shall be minimized to the maximum extent possible, while still complying with state or federal statute;
(f) Seasonal/holiday decorations do not have to be shielded;
(g) Outdoor lighting including aircraft searchlights approved by the director for temporary or periodic events not to exceed 11:00 p.m. and two consecutive nights (e.g., fairs, nighttime construction);
(h) Flags of any U.S. government agency.
(4) General Standards. The following general standards shall apply to all nonexempt outdoor lighting fixtures and accent lighting:
(a) All outdoor lighting fixtures and accent lighting shall be designed, installed, located and maintained such that there is no light trespass (see Figure 2 in subsection (6) of this section).
(b) Outdoor lighting fixtures and structural accent lighting must be shielded and aimed so as not to trespass on adjacent property. See Figures 1 and 2 in subsection (6) of this section. The shield must mask the direct horizontal surface of the light source. The light must be aimed to ensure that the illumination only illuminates the owner’s property and does not affect the night sky.
(c) Outdoor lighting fixtures and accent lighting shall not directly illuminate public waterways unless it is navigational light subject to state or federal regulations.
(d) Landscape lighting shall be directed onto the illuminated object or area and not toward the sky or adjacent properties. Direct light emissions of such accent lighting shall not be visible above the roof line or beyond the building, structure, or object edge.
(e) Spotlighting on landscaping and foliage shall be limited to 150 watts or equivalent and comply with other standards in this chapter.
(5) Prohibited.
(a) The following fixtures (luminaires) are prohibited: (i) searchlights for any other purpose except as stated in subsection (3)(g) of this section (Exemptions) or temporary emergency lighting; (ii) quartz lamps; (iii) mercury vapor lamps; and (iv) laser lights unless permitted by the city.
(b) The city reserves the right to further restrict outdoor lighting when it is deemed to be in the best public interest consistent with the purpose of this section.
(6) Figures of Acceptable Shielding and Direction of Outdoor Light Fixtures.
Figure 1: Freestanding Outdoor Lighting Fixtures
Figure 2: Outdoor Lighting Fixtures – Street and Lot Light Cut-Off at Property Line
(Ord. 858 § 27, 2023; Ord. 786 § 1 (Exh. A), 2018)