Chapter 18A.36
ACCESSORY DEVELOPMENT – GENERAL Amended Ord. 2019-36

Sections:

18A.36.010    Purpose.

18A.36.020    General Provisions for Accessory Uses and Structures.

18A.36.030    Cargo Container Storage.

18A.36.040    Mobile Food Service.

18A.36.050    Cafeteria.

18A.36.060    General Accessory Use List. Amended Ord. 2019-36

18A.36.070    Accessory Uses in Agricultural Resource Lands.

18A.36.010 Purpose.

The purpose of this Chapter is to identify certain uses and structures that may be established accessory to a principal use and to establish standards and conditions for regulating such uses and structures. (Ord. 2013-85 § 1 (part), 2013; Ord. 2013-30s2 § 5 (part), 2013)

18A.36.020 General Provisions for Accessory Uses and Structures.

A.    In all zones, there shall be no limit as to the number of accessory uses allowed on a lot provided:

1.    The use is not prohibited from locating in the zone classification;

2.    The use meets all applicable development regulations; and

3.    The use is accessory to a lawfully established principal use.

B.    All accessory uses must be customarily incidental and subordinate to the principal building or use of the lot upon which it is located.

C.    At such time as the principal use or structure is discontinued, all accessory uses and structures to the principal use or structure shall also be discontinued or removed.

D.    Where there is a question regarding the inclusion or exclusion of a particular accessory use within any zone classification, the Director shall have the authority to make the final determination. The determination shall be based upon the general standards of this Section and an analysis of the compatibility of the use or structural size and placement with consideration of the predominant surrounding land use pattern and with the permitted principal uses of the zone classification.

(Ord. 2016-33 § 2 (part), 2016; Ord. 2016-14s § 2 (part), 2016; Ord. 2013-85 § 1 (part), 2013; Ord. 2013-30s2 § 5 (part), 2013)

18A.36.030 Cargo Container Storage.

A.    Schools and public safety facilities shall be permitted to utilize a cargo container or containers for the storage of emergency equipment necessary to meet federal requirements or regulations when a Level F1 Fence, per PCC 18J.15.040 H.5., or Level L2 landscape buffer, per PCC 18J.15.040 H.2., surrounds the cargo container(s), except when the cargo container is not visible off site or from any parking lot open to the public.

B.    Industrial sites and animal and crop production use types may contain cargo containers used for the storage of materials associated with the use on the site. They may not be used for the storage of hazardous materials.

C.    Religious Assembly uses and Community Service uses such as food banks shall be permitted to utilize a cargo container or containers for storage purposes when a Level F1 Fence, per PCC 18J.15.040 H.5., or Level L2 landscape buffer, per PCC 18J.15.040 H.2., surrounds the cargo container(s), except when the cargo container is not visible off site or from any parking lot open to the public, additional fencing and landscaping is not required.

(Ord. 2016-33 §§ 1 (part), 2 (part), 2016; Ord. 2016-14s § 2 (part), 2016; Ord. 2015-86 § 1 (part), 2015; Ord. 2015-40 § 4 (part), 2015; Ord. 2013-85 § 1 (part), 2013; Ord. 2013-30s2 § 5 (part), 2013)

18A.36.040 Mobile Food Service.

Mobile food service, i.e., espresso trucks and lunch wagons, are permitted in commercial and industrial zone classifications and shall not be subject to the off-street parking standards of Chapter 18A.35 PCC or design standards of Chapter 18J.15 PCC unless they exceed more than two hours per day per site. (Ord. 2013-85 § 1 (part), 2013; Ord. 2013-30s2 § 5 (part), 2013)

18A.36.050 Cafeteria.

A.    Within commercial buildings which are established with a principal use, other than eating and drinking establishments, eating facilities such as cafeterias, espresso bars, cafes, and delis that do not serve alcohol, do not have drive-through facilities, and are no larger than 1,500 square feet shall be permitted.

B.    Within the EC and CE zones, cafeterias, espresso bars, cafes, delis, and other eating establishments that are attached to or are a part of a building for another use allowed in the zone, and do not serve alcohol and do not have drive-through facilities, shall be allowed. The part of the structure used for this purpose shall not exceed 15 percent of the square footage of the structure.

(Ord. 2013-85 § 1 (part), 2013; Ord. 2013-30s2 § 5 (part), 2013)

18A.36.060 General Accessory Use List. Amended Ord. 2019-36

A.    The following uses may be allowed accessory to principal uses found in one or more use categories.

1.    Antennae and satellite dishes for private telecommunication services;

2.    Decks and patios;

3.    Storage of equipment used for on-site landscape and grounds maintenance;

4.    Food service facilities for use primarily by employees with no exterior advertisement of the facility;

5.    Incidental storage of equipment, raw materials and finished products sold or manufactured on site and storage of agricultural products produced on site;

6.    Non-commercial recreational facilities and areas (indoor or outdoor), including swimming pools, for exclusive use by employees, or patrons, depending upon the principal land use;

7.    On-site hazardous waste treatment and storage;

8.    Private docks and mooring facilities;

9.    Retaining walls, free-standing walls, and fences;

10.    Small-scale composting facility which meets State and local solid waste regulations;

11.    Solid waste impoundments;

12.    Waste-to-energy facilities designed to burn less than 12 tons per day;

13.    Employee Housing.

a.    Dwelling units used exclusively for agricultural workers on the same site as the commercial agricultural activity. This housing is distinguished by shared kitchen/dining areas as well as shared restroom/shower facilities. No more than 20 individual sleeping units per building shall be allowed, with each unit requiring internal building access. Any provisions for cooking facilities within an individual sleeping unit are prohibited;

b.    Dwelling units used exclusively for caretaker or superintendent and their family on the same site as the commercial or industrial use;

14.    Wind power electrical generation equipment meeting the following standards in all categories except residential. See PCC 18A.37.090 for standards specific to residential use:

a.    Non-turbine/generators are permitted subject to the following standards:

(1)    Noise generation:

(a)    Noise generated from the unit may not exceed 57 dBA (sound pressure level in decibels) at the adjacent property lines when adjacent to residential use or urban or rural residential zoning;

(b)    Noise generated from the unit may not exceed 60 dBA at the adjacent property lines when adjacent to urban or rural commercial uses or zoning; and

(c)    Noise generated from the unit may not exceed 65 dBA at the adjacent property lines when adjacent to urban or rural industrial uses or zoning.

(2)    Support structures are permitted and must comply with the development standards;

(3)    Must be in compliance with applicable county, state and federal regulations; and

(4)    Must comply with all bulk requirements of the zone classification to include, but not limited to, height and setbacks.

b.    Freestanding wind turbine/generators are permitted subject to the provided standards:

(1)    Noise generation:

(a)    Noise generated from the unit may not exceed 57 dBA (sound pressure level in decibels) at the adjacent property lines when adjacent to residential use or urban or rural residential zoning;

(b)    Noise generated from the unit may not exceed 60 dBA at the adjacent property lines when adjacent to urban or rural commercial uses or zoning; and

(c)    Noise generated from the unit may not exceed 65 dBA at the adjacent property lines when adjacent to urban or rural industrial uses or zoning.

(2)    The rated capacity may not exceed 10 kilowatts, except when documentation is submitted to the Planning and Public Works Department justifying the need for greater kilowatt generators whose primary use is electricity generation to be used on the project site;

(3)    Support structures are permitted and must comply with the development standards;

(4)    Setback requirement that is consistent with zoning or 50 foot minimum setback to center of turbine/generator, whichever is greater;

(5)    Height requirement that is consistent with the zoning; or 50 foot setback increases for every foot greater than maximum height stipulated by the Zoning Code, but not to exceed a maximum height of 100 feet;

(6)    The outer and innermost guy wires must be clearly visible through the use of covers, flagging or other methods to a height of 6 feet above the guy wire anchors;

(7)    The guy wire anchors must be a minimum of 20 feet from all property lines; and

(8)    Must be in compliance with applicable county, state and federal regulations.

15.    Maintenance of the equipment, vehicles, and machinery used to support a principal use; and

16.    Personal hobby activities, limited to uses and activities permitted to take place within a residence or residential accessory structure per appropriate building and fire codes.

a.    Personal hobby activities shall be undertaken for personal use only and shall not be used to generate income of any sort.

b.    Personal hobby activities may not include uses that together would constitute a dwelling unit.

(Ord. 2017-12s § 2 (part), 2017; Ord. 2016-33 § 2 (part), 2016; Ord. 2016-14s § 2 (part), 2016; Ord. 2013-85 § 1 (part), 2013; Ord. 2013-30s2 § 5 (part), 2013)

18A.36.070 Accessory Uses in Agricultural Resource Lands.

A.    Agricultural accessory uses shall be located, designed and operated so as to not interfere with and to support the overall agricultural use of the property and neighboring properties.

B.    Agricultural accessory uses and activities include and are not limited to agritourism, the storage, distribution and marketing of regional agricultural products, and the production, marketing and distribution of value-added agricultural products, including the support services that facilitate these activities.

C.    Nonagricultural accessory uses and activities, including new buildings, parking or supportive uses, shall not be located outside of the general area already developed for buildings and residential uses and shall not otherwise result in the conversion of more than one acre of agricultural land to nonagricultural uses.

(Ord. 2016-24s2 § 1 (part), 2016)