A.    A greenhouse or hothouse may be maintained accessory to a dwelling; provided, there are no sales.

B.    In districts where single-family residential uses are permitted outright, one freestanding garage may be constructed in advance of the construction of the intended principal residence; provided, that:

1.    Building permits have been issued for both the principal residence and the accessory garage;

2.    The garage structure does not contain any habitable floors as defined in Chapter 17.04;

3.    A covenant shall be recorded in a form approved by the prosecuting attorney restricting the use of the accessory structure as follows until such time as the principal residence is constructed and occupied:

a.    The garage is used only by the property owner, not leased to others nor used for sales.

b.    Storage is limited to household items, or household equipment and materials being actively used in the construction of the principal residence.

C.    The height of detached accessory buildings, including garages, greenhouses and similar structures, shall be regulated as follows:

1.    In areas zoned R-1.25, R-2.5, RA-5:

a.    On lots less than or equal to one and one-quarter acres, no accessory building shall exceed the height of the primary residence or twenty-five feet in height.

b.    On lots larger than one and one-quarter acres, no accessory building shall exceed thirty-five feet in height.

2.    In all other zoning districts, nonagricultural accessory buildings shall not exceed the maximum height limitation for the particular zoning district.

D.    Five or more dismantled, inoperable, unlicensed, or otherwise junk motor vehicles, trucks, boats and recreational vehicles on one lot shall constitute an automotive recyclable materials facility and shall not be considered an accessory use. The storage of farming-related equipment in the agricultural zones is excluded from these provisions.

E.    Shipping containers are prohibited for use as accessory structures in residential zones, excluding R-20. (Ord. O-02-25 § 1 (Exh. A))

A.    Purpose.

The purpose of this section is to:

1.    Provide an additional smaller, subordinate dwelling unit on a lot with, or in, an existing or new house.

2.    Provide for a greater range of choices of housing types in residential districts while protecting the character of the residential neighborhood.

B.    Applicability.

1.    Accessory dwelling units may be allowed in all residential zoned lots developed with an existing or proposed single-family dwelling, subject to the requirements of this section.

2.    A lot of record lawfully occupied by two or more single-family residences does not qualify for an ADU, unless the lot is short platted under Chapter 16.32. If a short plat is approved, an ADU for each dwelling unit is permitted only if all dimensional standards of the underlying zone and all other provisions of this section are met.

3.    An ADU shall not be located in a dwelling or on a lot where a major home business is operating.

C.    Development Standards.

1.    No more than one ADU per legal lot is permitted and it must be accessory to a single-family residence.

2.    ADUs require building permits to ensure compliance with applicable fire, health, and safety codes.

3.    An ADU may be created through:

a.    Internal conversion within an existing dwelling;

b.    The addition of new square footage to the existing house or to a garage;

c.    Conversion of an existing garage;

d.    Inclusion in the development plans for, or as part of, the construction of a new single-family detached dwelling unit; or

e.    A separate detached dwelling unit on the same lot as the primary dwelling unit when the accessory unit is located at least ten feet behind the most distant back or side wall or other structural element of the primary dwelling unit structure.

f.    Subject to the requirements of this section, a manufactured or modular home can be considered an ADU for the purposes of this subsection.

4.    An ADU shall conform to the standards of the zone, including but not limited to lot coverage and setbacks.

5.    Building height is limited to twenty-five feet for a detached ADU. Additions to existing dwellings shall meet the height requirements of the zone.

6.    Allowable Size.

a.    The minimum gross floor area of an ADU shall be four hundred square feet.

b.    The total gross floor area of an ADU shall not exceed one thousand square feet (exclusive of uninhabitable floor area) with the following exceptions:

i.        On lots that are two and one-half acres or greater, the maximum square footage of an ADU is not to exceed one thousand five hundred square feet, or sixty-five percent of the area of the primary dwelling’s living area, whichever is less.

ii.    The total floor area of a single level of a primary dwelling may be converted to an ADU; provided, that there is a separate exterior entrance.

7.    One off-street parking space shall be provided for the ADU.

8.    An attached ADU shall be connected to the same septic and water system as the primary unless a separate septic permit is obtained from the Adams County health department.

D.    Design Standards.

1.    The exterior appearance of an addition or detached ADU shall be architecturally compatible with the primary residence. Compatibility includes coordination of architectural style, exterior building materials and colors, roof form and pitch, window style and placement, other architectural features and landscaping. The administrator may approve variations as necessary to accommodate proposed energy-efficient building features into the ADU.

2.    New entrances for an ADU created by internal conversion or by an addition to an existing primary dwelling shall be located on the side or rear of the primary residence unless it can be demonstrated that no feasible alternative exists.

3.    Exterior Finish Materials. Plain concrete, concrete block, corrugated metal or plywood is prohibited if they are not the predominant exterior finish material on the primary dwelling, unless these materials duplicate or reflect the predominant finish.

4.    Roof Slopes. For buildings over fifteen feet in height, the slope of the accessory dwelling unit roof must be the same as that of the predominant slope of the primary dwelling structure.

5.    Historic Structures. If an ADU is on the same lot as or within a historic structure which has been designated on the national, state or local historic register, the following design guidelines are applicable:

a.    Exterior materials should be of the same type, size and placement as those of the primary dwelling structure.

b.    Trim on edges of elements of accessory structures and additions should be the same as those of the primary structure in type, size and placement.

c.    Windows in any elevation which faces a street should match those in the primary structure in proportion, i.e., same height, width and orientation (horizontal or vertical).

d.    Pediments and Dormers. Each accessory dwelling unit over twenty feet in height should have either a roof pediment or dormer if one or the other of these architectural features is present on the primary dwelling.

6.    Accessibility. To encourage the development of ADA-accessible housing units, the administrator may allow reasonable deviation from the requirements of this section for features that facilitate accessibility. (Ord. O-02-25 § 1 (Exh. A))

A.    Purpose. The purpose of this section is to:

1.    Provide for small single-family dwellings.

2.    Permit the construction and habitation of tiny homes under certain conditions in all residential districts where single-family housing is allowed.

3.    Permit the construction and habitation of tiny homes under certain conditions as housing for temporary farmworkers (Section 17.69.040) and farmworker housing (Section 17.69.050) where these uses are allowed.

B.    Development Standards.

1.    Tiny homes constructed or placed on a lot as a single-family dwelling shall meet the same requirements for a single-family dwelling in the zone as regulated in this title, except the provisions contained in Section 17.76.070.

2.    Tiny homes constructed or placed on a lot as an accessory dwelling unit (ADU) shall meet the requirements of an ADU per Section 17.69.020, with the exception of the minimum size requirement in Section 17.69.020(C)(6)(a). (Ord. O-02-25 § 1 (Exh. A))

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

1.    To ensure adequate availability of housing for temporary farmworkers and their families that is safe, decent, and affordable in conformance with Chapter 70.114A RCW;

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 as defined in RCW 43.70.334 through 43.70.340 and Chapter 70.114A RCW.

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

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.    Adams County building and planning; 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.    The applicant shall demonstrate that the number of requested units are necessary for the efficient operation of the farm; and

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

6.    Temporary worker housing shall comply with sanitary and health requirements of the State Department of Health and Adams County health department in compliance with Chapter 246-359 WAC.

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

8.    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.

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

10.    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 Adams County prosecuting attorney, shall be recorded prior to occupancy of newly approved dwellings. (Ord. O-02-25 § 1 (Exh. A))

A.    Applicability. The requirements of this section apply to farmworker housing in excess of four dwelling units associated with agricultural activities for housing for family members or permanent hired help, except for farm housing as temporary farm housing pursuant to Section 17.69.040.

B.    Permitted Use. Farmworker housing shall be an allowed use in the agricultural districts.

C.    Development and Operational Standards. The following standards shall apply to farmworker housing subject to this section, whether located on the farm parcel(s) or off site:

1.    Farmworker housing shall be provided only to persons who are directly involved in agricultural activities and employed, contracted or paid by the farm operator;

2.    Accommodations shall be clearly subordinate to agricultural activities on site or in the affected agricultural area and shall not detract from the rural environment and agricultural activities;

3.    If accommodations are located on the farm parcel, they shall be located so as to minimize the amount of agricultural land loss;

4.    Accommodations shall not require the extension of public sewer and water services; on-site sewage disposal systems and water supplies shall be adequate to support the facility;

5.    The applicant shall demonstrate that the number of requested units is necessary for the efficient operation of the farm; and

6.    The farmworker accommodations shall be located in a manner that will not negatively impact the viability of agricultural practices on the property and neighboring farms.

7.    Farmworker housing shall meet the setback requirements for the applicable zone, except for lots that are adjacent to single-family housing or single-family zoning, the setbacks should be one and one-half times the setback requirements for the applicable zone.

D.    Site Plan Review. Farmworker housing shall be subject to the requirements of Type II review process per Chapter 17.94. (Ord. O-02-25 § 1 (Exh. A))

A.    In the commercial and industrial districts, a caretaker’s residence may be permitted by special permit as an accessory use, provided the following circumstances are demonstrated by the applicant:

1.    The caretaker’s residence is solely intended to provide security for the established principal permitted use of the property.

2.    The residential structure, to include factory-assembled homes, will be located on a parcel at least two times the size of the caretaker’s residence.

3.    The structure will conform to other applicable codes and regulations for residential structures. (Ord. O-02-25 § 1 (Exh. A))

A.    Purpose. This section provides standards for the establishment of bed and breakfast facilities. The regulations also provide an alternative form of lodging for visitors who prefer a residential setting.

B.    Use-Related Regulations.

1.    A bed and breakfast establishment must be accessory to a household living on the site. This means that an individual or family who operates the establishment must own and occupy the house as their primary residence.

2.    The bed and breakfast establishments shall be operated in a way that will prevent unreasonable disturbance to area residents. The maximum allowed length of stay of any guest shall be no more than thirty days.

3.    Establishments containing three to six bedrooms for guests must meet the Department of Social and Health Services (DSHS) bed and breakfast guidelines administered by DSHS.

4.    Bed and breakfast establishments are only allowed on agricultural lands (PA-60, PA-40, GA-20) when they do not diminish the primary use of the land for long-term commercial production of agriculture or other natural resources.

C.    Site-Related Standards.

1.    Appearance. Residential structures may be remodeled for the development of bed and breakfast establishments, but not enlarged except for minor expansions to accommodate additional kitchen or bathroom needs. Internal structural alterations or minor expansions may not be made which prevent the structure being used as a home in the future.

2.    Parking. A minimum of two off-street parking spaces, plus one off-street parking space for each bedroom to be rented, are required. Any additional parking needed to accommodate the use shall be screened from abutting property by a minimum five-foot-tall solid fence or hedge. Hedge shall be installed immediately and provide a six-foot solid screen within one year of approval.

3.    Signs. Signs shall conform to Chapter 17.66, including obtaining a sign permit.

D.    Approval Process. Applications for bed and breakfasts shall be reviewed as follows:

1.    For renting of up to two bedrooms, a Type I process will be used. The applicant shall submit a site plan application including a site plan showing the location of off-street guest parking and a narrative addressing how the proposal meets the criteria in this section.

2.    For renting of three to six bedrooms, a Type III process will be used pursuant to Chapter 17.94. The applicant shall submit conditional use and site plan review applications with a statement indicating the potential traffic and land use impacts of the proposal on adjacent streets and properties. Requests must conform to all relevant county and state codes including fire, building, road and health standards. (Ord. O-02-25 § 1 (Exh. A))

The dwelling and short-term (vacation) rental use must comply with all county and state regulations and requirements as well as the following standards:

A.    Review of short-term rentals is a Type I process in accordance with Chapter 17.94.

B.    The owner is responsible for obtaining an inspection by the Adams County building and planning department to review that the structure has adequate means of egress, exits, smoke detectors, carbon monoxide alarms, fire extinguishers, and other fire protection systems in compliance with the building code.

C.    Connection to a public sanitary sewer or an on-site septic system that complies with Adams County health department regulations for on-site sewage systems. If connected to an on-site septic system, the owner is responsible for ensuring that the vacation rental occupancy is consistent with the design capacity of the on-site septic system and type of wastewater discharges allowed, and in compliance with any on-site septic system’s periodic inspection, maintenance, and reporting requirements if required by the Adams County health department.

D.    On-site parking adequate to accommodate vacation rental guests shall be provided.

E.    All outdoor storage of refuse and recyclables must be secured in covered containers. The owner is responsible to notify renters in writing that refuse and recyclables must be kept in secured containers provided for that purpose. Recycling and refuse shall not create a nuisance of odor or attract animals and shall remain in compliance with solid waste regulations.

F.    The owner is responsible for providing written notice to renters of:

1.    County sound and noise regulations pursuant to Chapter 9.20, Public Disturbance Noise.

2.    Rules of conduct, local laws, burn bans, and renter’s responsibility not to trespass on private property or to create disturbances (e.g., noise). If there is an easement that provides renters with legal access to off-site areas such as park and trail access, this shall be indicated on a map and the easement shall be clearly marked.

3.    The location of the breaker box, water shut-off, gas shut-off instructions, and information regarding the septic system, emergency numbers, and the name and number of a local contact person(s) for the vacation rental.

G.    The owner is responsible for complying with state transient accommodation requirements under Chapter 246-360 WAC; and the Washington State Department of Revenue requirements for short-term rentals of residences, including those pertaining to business licenses and any sale and lodging taxes. (Ord. O-02-25 § 1 (Exh. A))

Community buildings, social halls, lodges, fraternal organizations, clubs, public and private schools, private recreational facilities and churches shall be set back a minimum of thirty feet from side and rear lot lines. There shall be no external evidence of any incidental commercial activities taking place within the building. (Ord. O-02-25 § 1 (Exh. A))

A.    Purpose. The purpose of this section is to provide for small coffee and food stands, which are often a transitional use on underdeveloped sites, or additions to sites that are already developed, but have available space.

B.    Applicability and Exemptions.

1.    Coffee and food stands that are permanent or parked or placed on a semipermanent basis may be allowed in all commercial and industrial zones subject to the following:

a.    Each stand is limited to two hundred square feet;

b.    When there are multiple coffee or food stands on one development, only one stand is allowed to have drive-through facilities, unless a conditional use permit is obtained for multiple drive-through facilities.

2.    Mobile food trucks and carts that are removed from a site at the end of each day or weekend are exempt from the provisions of this section.

C.    Development Standards.

1.    Sites with on-site parking and/or drive-up facilities will require an approved driveway approach with adequate sight distance.

a.    Drive-Up Stacking. Stands with drive-up windows require a sixty-foot-long queuing space per window. A reduced length may be approved by the administrator; provided, that a plan is submitted that shows the site has sufficient overflow areas so that traffic will not block streets, sidewalks, or parking lot circulation aisles.

b.    Parking. Parking shall meet Section 17.76.090.

2.    Paving. Gravel parking and maneuvering areas may be approved, if they provide an adequate all-weather surface. Dust shall not become a nuisance, and gravel shall not be allowed to track onto sidewalks or streets. The creation of additional impervious surface may be subject to the stormwater requirements of Section 18.06.090.

3.    Building Permits. The stand and any structures associated with the stand, such as add-on canopies, stairs, and decks, shall comply with building codes. Trailer-type stands that are raised off wheels shall require building permits for adequate tie-downs.

4.    Landscaping. Landscaping is not required unless headlight glare associated with drive-up queuing areas will affect abutting residential uses. In those cases, the administrator may require screening in the form of shrubs or fencing.

5.    Public Health Approval. All coffee and food stands shall comply with county and state health department regulations, including the provision of restroom and hand-washing facilities for employees and patrons.

6.    Signage. Permanent signs are allowed subject to Chapter 17.66. One portable sign is allowed per street frontage without obtaining a permit. Portable signs shall not exceed six square feet per side, shall be removed at the end of each business day, and shall not obstruct vehicular sight distance.

7.    Accessibility. Outdoor seating areas and restroom facilities shall comply with ADA requirements.

8.    Structures, signs, and parking and maneuvering areas shall not obstruct sight distance.

9.    Frontage improvements are not required.

D.    Performance Standards. Failure to mitigate the effect of unpaved parking lots, reduced queuing and landscaping standards, portable signs, or on-street parking may result in the revocation of a permit.

E.    Process. Coffee and food stands require Type I site plan review under Chapter 17.94. Building permit applications may be submitted at the same time as the site plan review.

F.    Application Submittal Requirements.

1.    Application form;

2.    Application fee;

3.    Narrative that describes the existing conditions and proposed project in detail, including hours of operation, types of food and beverages to be prepared and served, whether outdoor seating is proposed, and the provision of:

a.    Restroom facilities;

b.    Water and wastewater;

c.    Off-site parking, if proposed;

d.    Plan to mitigate the effects of dust, gravel, glare and queuing overflow as applicable;

e.    Cooking and/or barista facilities; and

f.    Outdoor seating areas, if proposed;

4.    Site plan drawn to a legible scale to adequately show:

a.    Dimensions of property and right-of-way lines;

b.    The abutting street name, centerline, curb and sidewalk;

c.    The locations, width, and surface materials of driveways, queuing and parking spaces;

d.    The locations and dimensions of the stand(s), outdoor seating areas and restroom facilities;

e.    Proposed location of signs (both permanent and/or temporary);

f.    Scale of plan, and north arrow;

g.    If the parcel is large, the detailed plan can show only the part of the parcel proposed for the stands; provided, that an insert of the entire parcel is also shown with the area of detail shown on the insert; and

h.    Location of any easements;

5.    Copy of current deed to verify property dimensions and check whether any easements exist;

6.    Associated applications as applicable, such as floodplain, habitat, shoreline, wetlands must be submitted prior to or with the application;

7.    Any other information as determined by the administrator. (Ord. O-02-25 § 1 (Exh. A))

A.    Purpose.

1.    Encourage activities that support, promote, sustain and enhance agricultural operations and production.

2.    Support the commercial viability of small-farm operations by allowing farmers entry into direct marketing of their farm products.

3.    Differentiate between roadside farm stands and agricultural markets.

4.    Increase residents’ access to locally grown agricultural products.

5.    Promote the continued use of agricultural lands by allowing farm operations to generate supplemental income through activities that are compatible with the continued use of land for agricultural production.

B.    Applicability. Provisions of this section apply to roadside farm stands and agricultural markets, as defined in Chapter 17.04; provided, however, that existing agricultural markets/stands not legally established will be hereafter forgiven.

C.    Roadside farm stands which meet the following standards are exempt from land use review by the county:

1.    General Requirements.

a.    Sales are limited to agricultural products grown on the site and other farm operations in the local agricultural area.

b.    Operator of roadside farm stand must obtain written permission from owner of the property upon which the stand will be located.

c.    Compliance with Chapters 18.06, Critical Areas, and 18.08, Shorelines; and Titles 14 (Fire Prevention) and 15 (Buildings and Structures), along with all regulations as required by the Adams County health department, if applicable.

d.    Stand size shall not exceed two hundred square feet in size.

e.    One farm stand is allowed for each legal lot of record owned or leased by the stand operator. A maximum of three stands may be combined at one central location provided the cumulative requirements in subsections (C)(2), (C)(4) and (C)(6) of this section are met.

2.    Parking.

a.    Parking shall be provided per Section 17.76.090.

b.    On-street parking is allowed only when the adjacent road, street or highway includes a parking lane.

c.    Parking in the county road right-of-way is prohibited.

3.    Access. Ingress and egress to roadside farm stands obtaining access from a public road must be from an existing permitted driveway unless a road approach permit is obtained from Adams County public works or WSDOT.

4.    Size. The maximum display and sales area allowed for roadside farm stands is one thousand square feet.

5.    Setbacks. Minimum setbacks for structures or sales display areas shall be twenty feet from a front property line and sixty feet from neighboring property line, public right-of-way or private access easement, if applicable.

6.    Sales.

a.    The sale of incidental retail items shall be supplemental but subordinate to the principal use of the stand in support of ongoing commercial agricultural operations.

b.    Food service is permitted and subject to the requirements of the Adams County health department.

D.    Agricultural markets are allowed subject to the following standards:

1.    General Requirements.

a.    The market shall be operated by owner(s) or lessee of property upon which the market is located.

b.    The parcel upon which the market is located shall be actively managed for agricultural production, or the parcel owner owns or leases other local parcels currently in agricultural production.

c.    Storm Drainage. All stormwater drainage shall be contained on the site. Stormwater control facilities require engineer approval prior to construction.

d.    Compliance with Chapter 18.06 (Critical Areas and Shorelines); and Titles 14 (Fire Prevention), 15 (Buildings and Construction), and the requirements of the Adams County health department is required.

e.    An agricultural market shall cease operation when the parcel upon which it is located is developed, is no longer in agricultural production, or the parcel owner no longer owns or leases other local parcels that are in agricultural production.

2.    Sales.

a.    A majority of fresh and value-added farm products sold shall be locally grown or produced on the market owner’s farm operation, or on other farms in the local agricultural area. As used in this section, “value-added farm products” include jams, syrups, apple cider, animal products, and other similar items that have been processed and converted into another product.

b.    The sale of incidental retail items shall be subordinate and supplemental to principal use of the market in support of ongoing commercial agricultural operations and shall not include prepackaged processed food and nonfood items.

c.    Agritourism activities promoting the sale of farm crops are allowed provided they are supplemental to and compatible with continued use of the property for agricultural production. These activities may include, but are not limited to, corn mazes, pumpkin patches, farm animal viewing and petting, wagon rides, farm tours, harvest festivals, hayrides, educational activities and tours, and other agriculturally related similar experiences.

d.    Food service is permitted and subject to the requirements of the Adams County health department.

3.    Parking.

a.    Parking shall be provided per Section 17.76.090.

b.    On-street parking and parking in road right-of-way is prohibited.

4.    Driveways.

a.    Driveway access to the property shall have an approved approach permit with Adams County Public Works.

b.    Where connecting to a paved street, whether public or private, a driveway shall be paved twenty feet from the nearest edge of right-of-way.

5.    Private Road. Agricultural markets located on a private road shall mitigate for impacts to the road created by the market. Evidence of mitigation may be demonstrated through a neighbors’ agreement provided at time of application. For purposes of the agreement, “neighbors” shall include a majority of all who are entitled to use the private road. Impacts to be addressed include but are not limited to dust, smoke, lighting, noise, trip generation and road maintenance.

6.    Building Size. The maximum cumulative building area that may be used for sales and display of product in an agricultural market is as follows:

7.    Setbacks. Buildings used as an agricultural market shall meet the required setback for the zoning district from property line, public right-of-way or private access easement. Side and rear setbacks shall be those of the zone district in which the market is located.

8.    Noise. Activities associated with agricultural markets shall comply with the environmental noise levels established in Chapter 173-60 WAC.

9.    Lighting. All lighting associated with the market shall be consistent with RCW 47.36.180 on public roadways, and shall not cast significant light or glare off site onto adjacent properties.

10.    Signage.

a.    Off-premises signs are allowed provided written permission is obtained from owner of the property upon which the sign will be located.

b.    Signs associated with agricultural markets shall not create a hazard to traffic and shall meet the standards of Chapter 17.66.

11.    Approval Process. Prior to commencing operation, an agricultural market shall first obtain a permit.

a.    Submittal Requirements.

i.    An accurate drawing which shows location of property lines, size and type of structure containing the agricultural market, setbacks of the structure, off-street parking areas and driveways.

ii.    Size and location of properties, both owned and leased, that are actively farmed by the market operator.

iii.    For any off-premises sign, documentation showing that permission has been obtained from owner of the property upon which the sign will be located.

iv.    A completed agreement signed by property owner(s) of record agreeing to comply with agricultural market requirements.

v.    A management plan shall be provided to address the following issues:

(A)        Anticipated number of attendees;

(B)         Proposed days and hours of operation;

(C)         Methods of controlling ingress and egress to and from the site, and any other measures designed to minimize impacts on surrounding properties;

(D)        For agritourism activities that exceed two hundred attendees at any given time to promote the sale of farm crops are being proposed.

vi.    Payment of the applicable fee.

b.    An agricultural market is subject to a Type I review process per Chapter 17.94 if:

i.    The market takes access from a public road; or

ii.    The market takes access from a private road and the neighbors’ agreement in subsection (D)(5) of this section is submitted with the application.

c.    An agricultural market shall be subject to review under a Type II process per Chapter 17.94 if the market takes access from a private road and the neighbors’ agreement in subsection (D)(5) of this section is not submitted with the application. (Ord. O-02-25 § 1 (Exh. A))

A.    Where permitted, animal boarding facilities, animal day use facilities, and equestrian facilities shall meet the following requirements:

1.    Such facilities shall comply with site plan review requirements;

2.    Odor, dust, noise and drainage shall not constitute a nuisance, hazard or health problem to abutting property or uses.

a.    Animal boarding facilities shall comply with the noise standards in Chapter 173-60 WAC. All animals are to be housed within an enclosed soundproof structure between the hours of ten p.m. and seven a.m.

B.    Animal day use facilities shall comply with the noise standards in Chapter 173-60 WAC.

C.    Equestrian facilities are limited in size and scale as follows:

1.    A maximum of one hundred visitors may be on the site for an event at any one time.

2.    The footprint of the operation may not exceed five acres of land including but not limited to arenas, buildings, parking. This limitation does not include trails.

3.    Buildings or portions of buildings associated with a facility shall not exceed a cumulative maximum of thirty thousand square feet per establishment. (Ord. O-02-25 § 1 (Exh. A))

A.    Animal feeding operations (AFOs) are agricultural operations where animals are kept and raised in confined situations. An AFO is a lot or facility (other than an aquatic animal production facility) where the following conditions are met:

1.    Animals have been, are, or will be stabled or confined and fed or maintained for a total of forty-five days or more in any twelve-month period, and

2.    Crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility.

B.    Concentrated animal feeding operations (CAFO) are facilities defined by the Department of Ecology as commercial and/or industrial operations that produce animal and animal-based products that confine and feed large numbers of livestock and poultry in a small area. Animals are confined depending on the type of animal. At times, the confined animals may be pastured or given access to outside spaces.

C.    All commercial CAFO operations shall meet the permitting requirements of the Department of Ecology.

D.    The following standards shall apply to all commercial feedlots:

1.    Minimum lot area shall be ten acres; and

2.    Feedlot shall not be closer than one thousand five hundred feet of any existing dwelling other than the dwelling of the owner of the feedlot.

3.    Dairies (milking cows): five hundred head.

a.    Dairy Separation Standard. No more than two operations that are greater in size than one thousand three hundred (total head count) shall be located within an operation’s two-mile buffer. The buffer area shall be a two-mile radius from the edge of each operation’s animal confinement areas.

4.    Feedlots: under one thousand total head.

5.    Poultry and/or egg production: ten thousand total birds.

6.    Hog or swine raising (sows): one hundred total head.

7.    Horses: eight hundred total head.

8.    Animals not listed shall be limited to one thousand total animal units as determined by the USDA.

E.    All the above-mentioned head count numbers may be exceeded upon the approval of a conditional use permit with the exception that the dairy separation standard listed in subsection (D)(3) of this section shall apply to any confinement use regardless of animal type.

1.    On lots less than twenty acres, animals shall be limited as follows: one animal unit shall be allowed for each full ten-thousand-square-foot increment of land within the same parcel minus the area set aside for the minimum effective lot size for the dwelling on the lot (twelve thousand square feet); provided, that all barns, barnyards, chicken houses, or corrals shall be located not less than twenty-five feet from a public roadway and not less than ten feet from any adjoining or abutting property held under separate ownership. This requirement only applies to parcels that are less than twenty (net) acres in size and may be waived upon the approval of a conditional/special use permit. (Ord. O-02-25 § 1 (Exh. A))

The purpose of this section is to provide standards for the breeding of game fowl. All game fowl breeding operations shall be licensed and maintained by the Washington State Department of Fish and Wildlife in accordance with WAC 220-430-010. (Ord. O-02-25 § 1 (Exh. A))

A.    Defined. “Equestrian facility” means any structure or land that is used primarily for the care, breeding, boarding, rental, riding, or training of horses or the teaching of equestrian skills. An equestrian facility includes events such as competitions, exhibitions, or other displays of equestrian skills.

B.    Use Standards.

1.    Where an equestrian facility is allowed as a limited use, it must satisfy the following standards:

a.    The minimum gross acreage per horse is as follows:

i.    For one to two horses, two acres;

ii.    For three to ten horses, one acre per horse; and

iii.    For more than ten horses, ten acres plus an additional one-half acre for each horse over ten.

b.    Any equestrian facility that keeps or boards more than ten horses must meet all nutrient management, water quality, and soil conservation standards of the Washington State Department of Ecology.

c.    Each building, show ring, paddock, outdoor arena, and manure storage area must be located at least one hundred feet from any existing dwelling on any abutting property.

d.    Amplified sound must comply with Section 9.20.040.

e.    Any outdoor arena lighting must direct light downward using full cutoff fixtures; producing any glare or direct light onto nearby properties is prohibited. Illumination is prohibited after ten p.m. on Friday or Saturday, and after nine p.m. on Sunday through Thursday.

f.    Equestrian events are restricted per Table 17.69.150-1:

g.    A permit must be obtained for each event involving between one hundred fifty-one and three hundred participants and spectators per day. The applicant must specify the nature of the event, the anticipated attendance of spectators and participants, the number of days the event will take place, the hours during which the event will take place, the area to be used for parking, any traffic control measures intended to be put in place, and any other information determined by the administrator to be relevant to the issuance of the permit. A fee for issuance of the permit may be set by the county.

h.    An equestrian facility conditional use application may be filed to deviate from any limited use standard regarding number of participants and spectators; number of events each year; event acreage; or hours of operation. An equestrian facility conditional use approval must be renewed every five years. Before the conditional use is renewed the reviewing official must evaluate the effectiveness of the terms and conditions of the original approval.

C.    Where an equestrian facility is allowed as a conditional use, it may be permitted under all applicable standards in this chapter as well as the following standards:

1.    The equestrian facility must not adversely affect abutting land uses or the surrounding road network.

2.    In evaluating the compatibility of an equestrian facility on the surrounding land uses, the reviewing official must consider that the impact of an agricultural use on surrounding land uses in an agricultural zone does not necessarily need to be controlled as stringently as the impact in a residential zone.

3.    Any equestrian facility on less than five acres must establish through a pasture maintenance plan, feeding plan, and any other documentation the hearing examiner requires, that the site contains sufficient open pasture to ensure proper care of the horses and proper maintenance of the site.

4.    The reviewing official may limit or regulate more stringently than limited use standards the following:

a.    The number of horses that may be kept or boarded;

b.    The number of horses that may be rented out for recreational riding or instruction;

c.    The number and type of equestrian events that may be held in a one-year period; and

d.    The hours of operation of any equestrian event or activity.

5.    The facility operator must satisfy the state requirements for nutrient management concerning animal waste. (Ord. O-02-25 § 1 (Exh. A))

A.    The purpose of these regulations is to provide a definition of various types of animals; to set forth reasonable standards for the keeping and care of the defined various types of animals; and to protect the health, safety, and welfare of the general public. Within the residential districts, the following minimum standards shall apply:

1.    The number of animals allowed per acre along with the minimum acre required shall be in accordance with Table 17.69.160-1.

2.    Barns, shelters, or other buildings for the keeping or areas for feeding and watering of large animals/livestock shall be fifty feet from any property lines and at least two hundred feet from the nearest existing dwelling other than the dwelling of the owner. Animal runs and fences may be located up to the property lines.

3.    In the rural district poultry coops and aviaries shall be a minimum of ten feet or the minimum setbacks required by the district, whichever is greater, from neighboring property lines.

4.    Maximum animal density does not include offspring born on the property until said offspring is nine months of age.

5.    All animals listed as threatened or endangered on either a state or federal level and all illegally imported animals shall be prohibited.

1. As measured using the animal unit equivalent defined by the USDA.

B.    The administrator shall determine the equivalent number of animals allowed for animals not listed in Table 17.69.160-1, including miniature forms of large animals, and shall take into consideration the purpose of this section and the impacts to adjacent properties in making a determination. This is a Type I decision pursuant to Chapter 17.94.

C.    In instances where mixed livestock density is desired, the number of types of animals desired shall be divided into the maximum number allowed. For instance, when an individual who has one acre of land wants to have four types of animals, the maximum allowance is calculated by dividing the number of animals in Table 17.69.160-1 for each animal type by four, which is the number of types of animals desired. (Ord. O-02-25 § 1 (Exh. A))

A.    Applicability. This section applies to hobby and commercial kennel facilities as defined in Chapter 17.04. Animal boarding facilities and animal day use facilities are regulated under Section 17.69.120.

B.    General Standards and Provisions. The following standards and provisions shall apply to both private kennels and commercial kennels:

1.    Structures housing dogs shall be set back a minimum of fifty feet to all property lines.

a.    If the structure is sufficiently enclosed at all times to mitigate noise impacts to abutting properties, no landscaping buffer is required outside the structure.

b.    If the structure is not sufficiently enclosed at all times to mitigate noise impacts to abutting properties, a landscaped buffer is required between the structure and abutting properties; provided, that if the structure is over one hundred twenty-five feet to any property line, no landscaped buffer is required.

2.    Outdoor runs and outdoor exercise areas shall be screened from abutting properties as follows:

a.    Runs and exercise areas less than fifty feet from any property line shall provide a ten-foot-wide landscaped buffer between the run or exercise area and the property line.

b.    Runs and exercise areas between fifty feet and one hundred twenty-five feet from any property line shall provide a landscaped buffer between the run or exercise area and the property line.

c.    Landscaping may be placed immediately outside the run or exercise area, or may be placed along the perimeter of the site, provided all portions of the run or exercise area are screened from view of abutting properties.

3.    The administrator may reduce or waive the need for the setbacks and/or screening requirements of this section when circumstances such as topography, existing dense vegetation that is likely to remain, or distance from neighbors clearly makes such mitigation unnecessary.

4.    Dogs shall be kept in an enclosed structure between the hours of ten p.m. and seven a.m.

5.    Noise is subject to the maximum allowable environmental levels in WAC 173-60-040 or as amended, as shown in Table 17.69.170-1.

1 Environmental designation for noise abatement.

a.    Between the hours of ten p.m. and seven a.m., noise limits shall be reduced by ten dBA for receiving property within Class A EDNAs.

b.    At any hour of the day or night the applicable noise limitations may be exceeded for any receiving property by no more than:

i.    Five dBA for a total of fifteen minutes in any one-hour period; or

ii.    Ten dBA for a total of five minutes in any one-hour period; or

iii.    Fifteen dBA for a total of one and one-half minutes in any one-hour period.

6.    Kennels shall not cause external effects such as increased lighting or glare on nearby properties, or odors that are readily detectable at any point beyond the property line of the facility.

7.    All kennels shall comply with the requirements in Titles 6 (Animals), 14 (Fire Prevention), 15 (Buildings and Structures) and regulations set by the Adams County health department.

C.    Commercial Kennels. In addition to the requirements in subsection B of this section, the following additional requirements apply to commercial kennels:

1.    Process. Subject to Chapter 17.94, commercial kennels shall be reviewed using a Type II process demonstrating that the proposal complies with all development and performance criteria in this section.

2.    Minimum lot size is five acres, including right-of-way. Parcels that are less than five acres may be combined if abutting and under the same ownership to meet the five-acre minimum requirement. If setback requirements cannot be met, the administrator may impose additional conditions to mitigate impacts.

3.    In addition to describing the scope of the kennel operation, the narrative shall specifically address how the proposal will meet noise standards, the provision of adequate parking, and shall include a plan for dog waste disposal and runoff.

4.    Applications for kennels on a private road shall include evidence that safety and maintenance impacts are adequately mitigated. Impacts to be addressed shall include, but are not limited to: dust, noise, trip generation, and road safety and maintenance.

5.    Applications for commercial kennels shall include all items in Table 17.94.070-1, lines 1 through 6.a, and, in addition, a scaled site plan showing the name and width of any road frontage, dimensioned property lines, the location of buildings, dog runs, outdoor exercise areas, driveways, parking areas, landscaping, distances to the closest off-site residences and environmental features including watercourses, wetlands, and geohazard areas. Additional information may be required on a site-specific basis to determine whether the application meets or can meet the code requirements.

6.    For commercial kennels on noncommercial properties, the owner/operator of the kennel shall reside on the property on which the kennel is operated. (Ord. O-02-25 § 1 (Exh. A))

A.    Veterinary Clinics or Hospitals. Veterinary clinics or hospitals may be allowed in specific zoning districts, as an allowed outright use or subject to a conditional use permit.

B.    Veterinary clinics or hospitals are subject to the following standards:

1.    Current construction, maintenance and operation standards of the American Animal Hospital Association shall apply at all times;

2.    Boarding and grooming of animals, other than that incidental to medical and surgical care, shall be prohibited. (Ord. O-02-25 § 1 (Exh. A))

A.    Purpose. This section provides opportunities for electric vehicle infrastructure in all zoning districts in the county. These regulations are intended to:

1.    Provide adequate and convenient electric vehicle charging stations to serve the needs of the traveling public;

2.    Provide opportunities for Adams County residents to have safe and efficient personal electric vehicle charging stations located at their place of residence; and

3.    Provide the opportunity for commercial and industrial projects to supply electric vehicle charging station services to their customers and employees.

B.    Applicability.

1.    Electric vehicle infrastructure is permitted as follows:

a.    Electric vehicle charging stations equipped with Level 1 or Level 2 charging equipment as an accessory use in all zoning districts.

b.    Rapid charging stations (also known as Level 3 charging) in AP, C, HI, LI, and RS.

c.    Battery exchange stations in C, LI, and HI.

C.    Definitions. For the purposes of this section, the following definitions shall apply:

D.    General Requirements. Installation of electric vehicle infrastructure must be consistent with the rules for electric vehicle infrastructure requirements adopted by the State Building Code Council and the Department of Labor and Industries for the installation of electric vehicle infrastructure. All wires and equipment that convey electric current and any equipment to be operated by electric current must be consistent with the standards in RCW 19.27.540 and 19.28.281.

E.    Process.

1.    An application to establish electric vehicle infrastructure must obtain an electrical permit through Washington State Department of Labor and Industries.

2.    Battery exchange stations that are an addition to an existing use require a Type I site plan review process consistent with Chapter 17.94.

3.    New battery exchange stations require a Type II review process consistent with Chapter 17.94. (Ord. O-02-25 § 1 (Exh. A))

A.    Purpose. The purpose of this section is to protect the integrity of zoning districts of Adams County while allowing the use of property for home businesses. This section establishes approval criteria and standards to ensure that home businesses are:

1.    Conducted as lawful uses that allow for economic development compatible with the use of neighboring properties; and

2.    Secondary to the use of the dwelling for living purposes and maintain residential character of the neighborhood.

B.    Applicability and Exemptions.

1.    Applicability. All home businesses not exempt pursuant to this section shall be subject to the standards specified in this section.

2.    Exemptions. The following uses are exempt from the provisions of this section:

a.    Lawfully established home businesses established prior to August 19, 2025;

b.    Agriculture uses;

c.    Hobbies not engaged in for financial gain; and

d.    Parking of no more than one business vehicle with a GVW of ten thousand one pounds or less used by a resident for transportation to and from the dwelling.

3.    Uses otherwise allowed outright, as a conditional use, or by review and approval in the district in which the property is located cannot be approved under this section.

C.    Definitions.

1.    Activity Area. See “Home business activity area.”

2.    “Heavy equipment” means any freestanding piece of equipment with a gross vehicle weight of fifteen thousand pounds (as defined by the manufacturer) or greater that is used for the purpose of a home business and that is typically transported to a job site by a vehicle. The term shall include equipment that is motorized or nonmotorized, stationary, or self-propelled. Tools or pieces of machinery that are permanently located within an accessory structure shall not be counted as heavy equipment for the purposes of this section.

3.    “Home business” means a business in conjunction with a residential use which results in financial remuneration from a product or service and is conducted by at least one resident occupying the dwelling on the subject property.

4.    “Home business activity area” (hereafter “activity area”) means a defined outside area used in conjunction with a home business that includes all outside activities associated with the home business, including but not limited to parking areas used for business vehicles and equipment, areas used for loading and unloading, worker or client parking areas, and areas used for outdoor storage.

5.    “Incidental retail sales” means retail sales that are ancillary and secondary to the home business, such as selling shampoo from a home hair salon.

6.    “Outdoor storage” means the outdoor holding of any materials or merchandise, whether covered or uncovered, used or associated with a home business.

7.    Trailer. A “trailer” means a nonmotorized vehicle that is licensed for road use that is used exclusively, or in part, for the purpose of a home business. Trailers equipped by the manufacturer as combination tractor-trailers shall not be counted as a separate trailer, but shall be considered together with their tractor a part of a single vehicle.

8.    Vehicle. For the purposes of this section, “vehicle” means any motorized vehicle licensed for road use that is used exclusively, or in part, for the purpose of a home business. A vehicle equipped by the manufacturer to serve as a combination tractor-trailer shall be counted as a single vehicle.

D.    General Standards and Provisions. The following standards and provisions shall apply to all home businesses in Adams County:

1.    Home businesses shall be owned and operated by a resident owner or renter of the property who occupies the property as their principal residence.

2.    A home business permit may cover more than one business on a parcel as long as such businesses in combination do not exceed the applicable standards in this section.

3.    The maximum use of a dwelling devoted to a home business shall not exceed twenty-five percent of the gross floor area of the dwelling or exceed one thousand square feet, whichever is less. Gross floor area includes a basement and attached garage, but does not include an unfinished attic or a detached garage. Additional standards for accessory structures (including detached garages) are included in subsections E, F, and G of this section.

4.    Prohibited uses include on-site retail (other than incidental), adult entertainment enterprises as defined in Chapter 17.04, and automotive and other recyclable materials facilities.

5.    Storage of heavy equipment and material is allowed outside only in activity areas.

E.    Home Businesses—Exempt.

1.    Home businesses that meet the standards in subsection D of this section and the following standards are exempt from review by the county:

a.    Use of up to four hundred square feet of an accessory structure;

b.    Maximum of two employees who come to the home business location;

c.    Parking in accordance with Section 17.76.090 is provided;

d.    No customers that come to the home business location;

e.    No outside storage;

f.    No heavy equipment; no more than one home business-related vehicle;

g.    No on-site retail sales.

2.    There is no minimum lot size for exempt home businesses.

3.    Two or more exempt home businesses on the same parcel shall require a Type I or Type II permit if the combined features of each business exceed the exempt standards.

F.    Home Businesses—Minor.

1.    Home businesses that meet the standards in subsection D of this section and the following standards shall qualify as minor home businesses:

a.    Use of up to one thousand square feet of an accessory structure;

b.    Maximum of three nonresident employees who come to the home business location;

c.    Parking in accordance with Section 17.76.090 is provided;

d.    Customers: up to six on-site customers per day;

e.    No outside storage;

f.    Vehicles/heavy equipment: no more than two home business-related vehicles and two pieces of heavy equipment;

g.    Hours of operation: seven a.m. to eight p.m. for on-site businesses;

h.    Incidental on-site retail sales only.

2.    Minor home businesses qualifying under this subsection shall be reviewed using a Type I process as specified in Chapter 17.94, except as specified in subsection (F)(3) of this section. Should an operator of a minor home business expand operations in a manner that exceeds any of the performance standards in subsection (F)(1) of this section, the operator shall obtain a major home business permit.

3.    Minor home businesses on a private road shall be reviewed using a Type II process to ensure that safety and maintenance impacts are adequately mitigated unless evidence of mitigation of home business impacts on the private road through a written neighbors’ agreement is provided at the time of application. For purposes of the agreement, “neighbors’” shall include all who are entitled to use the private road. Impacts to be addressed shall include, but are not limited to: dust, noise, trip generation, and road maintenance.

4.    There is no minimum lot size for minor home businesses.

5.    All structures used in home businesses shall be legally permitted at the time of receipt of a home business permit.

G.    Home Businesses—Major.

1.    Home businesses that meet the standards in subsection D of this section and the following standards shall qualify as major home businesses:

a.    Accessory structures: see Table 17.69.200-1;

b.    Employees: see Table 17.69.200-1;

c.    Customers: see Table 17.69.200-1;

d.    Parking in accordance with Section 17.76.090 is provided;

e.    Activity area, including outside storage: see Table 17.69.200-1;

f.    Vehicles/commercial trucks/heavy equipment: see Table 17.69.200-1;

g.    Activity Area. All outside activity must be located in a defined activity area that is visually screened from adjacent residences either by existing vegetation, terrain, or sight-obscuring landscape/screening methods, and that is set back a minimum of fifty feet from any property line. Except where terrain provides a sight-obscuring barrier, landscaping and screening shall be located on the subject property. Required landscaping and screening shall be the responsibility of the resident business owner;

h.    Hours of operation: seven a.m. to eight p.m. for on-site businesses;

i.    Incidental retail sales only;

j.    Minimum lot size: two and one-half acres, including right-of-way. Calculations to determine eligible activity areas per Table 17.69.200-1 shall be determined based on lot sizes excluding public rights-of-way for perimeter streets;

k.    In accordance with Section 17.69.020(B)(3), a major home business is not permitted on a lot with an accessory dwelling unit.

2.    A major home business qualifying under this subsection shall be reviewed using a Type II process as specified in Chapter 17.94, demonstrating that the proposal complies with all development and performance criteria in this section.

3.    Applications for major home businesses on a private road shall include evidence that safety and maintenance impacts are adequately mitigated. Impacts to be addressed shall include, but are not limited to: dust, noise, trip generation, and road safety and maintenance.

4.    New home businesses that include facilities for servicing motor vehicles are considered major, and shall meet the following standards:

a.    An activity area of no more than two percent of the parcel and landscaped and screened;

b.    A maximum accessory structure size of one thousand five hundred square feet; and

c.    Compliance with all building, fire, and environmental code regulations.

5.    All structures used in home businesses shall be legally permitted at the time of receipt of a home business permit.

H.    Performance Standards.

1.    Home-based businesses shall comply with all state and county regulations governing nuisance effects and with the following standards:

a.    Noise. Home businesses shall comply with state maximum environmental noise levels as defined in Chapter 173-60 WAC.

b.    Odors, Lighting, Glare, Dust, Smoke and Vibration. Home businesses shall not cause external effects such as offensive odors, increased lighting or glare, dust, smoke, or vibration detectable to normal sensory perception at the property line.

c.    Electromagnetic Radiation and Line Fluctuation. Any business activities or use of equipment that creates visible or audible interference in radio or television receivers or fluctuations in line voltage at or beyond the property line is prohibited.

2.    Any use of hazardous material or disposal of hazardous waste by home-based businesses shall comply with all applicable federal, state and local regulations. Home businesses shall not discharge any liquids or gases in violation of any federal, state or county regulations, including such discharges into private septic systems.

3.    A home business permit shall be revoked should either of the following occur:

a.    An applicant/operator relocates his or her residence.

b.    The county finds that a home business has failed to comply with the general provisions and standards of this section or with the performance standards required by the permit.

Footnotes:

1. Parcels in contiguous ownership may not be added together for purposes of determining parcel size.

2. “Accessory structure” is defined in Chapter 17.04, and does not include an attached garage.

3. Includes contract employees and full-time employee equivalents.

4. As defined in subsection (C)(4) of this section. Activity areas are to be calculated on the basis of lot sizes excluding public rights-of-way for perimeter streets.

5. Must be kept within the landscaped/screened activity area.

(Ord. O-02-25 § 1 (Exh. A))

A.    Use. Manufactured home parks are for residential use only. A recreational vehicle (camper, camp trailer, recreational coach, park models, and similar uses) may be placed in a manufactured home park provided the unit has an applicable Washington State Department of Labor and Industries (L&I) tag for the use. Normal accessories for manufactured homes, such as awnings, patios, carports, ramadas, cabanas, or storage buildings, shall be allowed.

B.    Criteria for Locating a Manufactured Home Park. The following criteria must be taken into consideration in the establishment of manufactured home parks:

1.    Adequate buffering or screening may be required in order to make the manufactured home park compatible with adjacent surrounding residential uses. Buffering and screening shall be required when such parks abut commercial and industrial zones.

2.    Manufactured home parks should not be located within areas less than five acres nor more than fifty acres in area, unless it is demonstrated to the administrator that lesser or greater concentration of the use would be compatible with the surrounding property and its use, and that such variation is in the interest of the public health, safety and general welfare.

3.    The park must have its primary direct access to a county or public road, which shall have a minimum right-of-way of sixty feet, as shown on the master plan.

C.    Manufactured Home Space Requirements.

1.    Coverage. A manufactured home and all accessory structures shall not occupy more than fifty percent of the area of the manufactured home space.

2.    Density. Manufactured homes shall not exceed the density of the zoning district. Density shall be calculated on the gross area of the park.

3.    Setbacks. No manufactured home or accessory thereto shall be located any closer than twenty-five feet from a park property line abutting on a public street or road, five feet from all other park property lines and five feet from any such areas as a park street, a common parking area, or a common walkway.

4.    Spacing. A manufactured home shall be separated from an adjacent manufactured home by a minimum of ten feet.

5.    Overnight Spaces. Not more than five percent of the total manufactured home park area may be used to accommodate persons wishing to park their manufactured home or camping vehicles overnight.

6.    Parking. Two off-street parking spaces shall be provided for each manufactured home space, either on the space or within one hundred feet thereof, in the manufactured home park.

D.    Manufactured Home Park Requirements.

1.    Internal Streets and Walkways.

a.    Internal Streets. An internal street shall connect each manufactured home space to a public road. The street shall have a minimum twenty-four-foot paved surface width.

b.    Walkways. Walkways shall be provided in order to allow for internal pedestrian circulation to any service building, recreation area, and parking area.

c.    Paving. Internal streets shall be paved with crushed rock base asphalt or concrete surfacing.

2.    Buffering or Screening. Buffering or screening, if required to make the manufactured home park compatible with its adjacent surrounding uses, shall be a sight-obscuring fence, wall, evergreen, or other suitable planting. Where walls or fences are required along boundaries or public roads, the walls or fences shall be set back from the property lines to conform with setbacks for structures in the basic zone. Evergreen planting shall not be less than five feet in height, and shall be maintained in a healthy living condition for the life of the manufactured home park. All walls and fences shall be a minimum of five feet in height and shall be approved by the administrator.

3.    Landscaping. There shall be landscaping provided within the front and side setback areas and all open areas in the manufactured home park not otherwise used.

4.    Signs. Signs shall comply with the provisions of Chapter 17.66.

5.    Dumpsters/Solid Waste Containers. Dumpsters and solid waste containers shall be provided for common use.

6.    Recreational Area.

a.    Each unit shall provide a recreation area contained within the unit’s space, consisting of a minimum size of six hundred square feet and a minimum width of fifteen feet, except as otherwise specified in this subsection.

b.    When a common recreational area with a minimum of four hundred square feet per unit is provided, each space shall provide a minimum of two hundred square feet of outdoor living area per unit.

c.    The individual recreation area shall be usable open space that is intended to accommodate human activity such as outdoor eating, gardening, toddler play, lounging, etc.

d.    The common area, if provided, shall be open and accessible to all units, and shall include a mix of active and passive recreation opportunities, such as playgrounds, courtyards, gazebos, walkways, benches, etc.

7.    Accessories. Structures located on a manufactured home space, in addition to the manufactured home, shall be limited to the normal accessories, as set forth under subsection A of this section. No other structural additions shall be built onto or become part of any manufactured home, and no manufactured home shall support any building in any manner.

8.    Manufactured Home Pads. Pads, stands, strips or rails adequate for the support of the manufactured home shall be installed.

9.    Manufactured Home Skirting. All manufactured homes within the manufactured home park shall be skirted on their lower perimeter, if occupied for a period of more than ninety days.

E.    Manufactured Home Park Approval Criteria—Administrator Approval.

1.    Manufactured home parks may be permitted in the districts they are allowed upon site plan approval by the administrator. The administrator shall find that the internal design proposed shall separate traffic pattern from outdoor living or recreational areas, and will group the service facilities (such as the laundry and service buildings). Further, such approval shall be in the best interest of the public health, safety and general welfare. No manufactured home park shall be constructed without first obtaining site plan approval from the administrator.

2.    Manufactured Home Park Site Plan Submittal Requirements. In addition to the submittal requirements for site plan review, an application for a new manufactured home park shall include a plot plan of the proposed park. (Ord. O-02-25 § 1 (Exh. A))

A.    Nursery schools, preschools, kindergartens and commercial day care centers shall comply with the following criteria:

1.    Minimum site size shall be ten thousand square feet, except when a preschool, kindergarten or commercial day care center is designed as a part of an integrated industrial, commercial or multifamily development, in which case the minimum lot size may be reduced by the review authority, provided all other applicable code requirements are met.

2.    Provide and maintain outdoor play areas with a minimum area of one hundred square feet per individual based upon total capacity.

a.    The outdoor play area requirement shall not apply to strictly “drop-in facilities” where the individuals cared for are not on the premises for more than three hours in a twenty-four-hour period; provided, that the requirements of the Washington Administrative Code are met.

b.    Facilities with a capacity of forty individuals or more, under the licensing authority of the state Department of Social and Health Services (DSHS), and with an approved “shifting schedule” for the use of outdoor play area by DSHS, may calculate the outdoor play area based on one hundred square feet per individual using the outdoor area at any one time; however, a minimum of four thousand square feet of outdoor play area must be provided.

c.    Facilities with a capacity of thirty-nine or less, or which do not qualify with a “shifting” schedule as stated above, may count up to fifty square feet of dedicated indoor play area per individual of capacity toward the outdoor play area requirements.

3.    The play area shall be abutting the indoor facility.

4.    A sight-obscuring fence of at least four feet, but not more than six feet in height, shall be provided around the outdoor play area.

5.    Adequate off-street parking and loading space shall be provided. No parking or loading shall be permitted in the road right-of-way.

B.    Family day care facilities shall comply with the following criteria:

1.    When located in a agricultural, rural, or rural settlement zone, no exterior structural or decorative alteration which will alter the residential character of a residence is permitted.

2.    Adequate off-street parking and loading space shall be provided. No parking shall be permitted in the road right-of-way.

3.    Two nonresident or non-family member employees are permitted.

4.    Signage shall be limited to one sign, not to exceed two square feet in area, for identification purposes only. (Ord. O-02-25 § 1 (Exh. A))

Residential care facilities and homes, where permitted, shall be subject to the following:

A.    Prior to approval, the review authority shall find that:

1.    Construction or remodeling of structures necessary to accommodate the proposed use is compatible with the surrounding neighborhood;

2.    The use of the subject property as a residential care facility shall not result in a concentration of residential care facilities that would result in interference with the enjoyment of neighboring property, or the residential character of the neighborhood;

3.    Residential care facilities or residential care homes housing justice offenders and/or residents subject to partial or full confinement shall not be located within three hundred feet of existing schools or licensed commercial day care centers, as measured from property line to property line at the time of siting of the residential care facility or home.

B.    Upon approval, the review authority shall:

1.    Require that the applicant obtain all necessary certificates and approvals from state and federal agencies prior to the issuance of a certificate of occupancy;

2.    Limit the transferability of the permit either by providing that any transfer of ownership or management will require a new conditional use permit, or by prescribing specific criteria for such transfer to be applied by the reviewing official;

3.    Limit service to a specific number and class or classes of individuals. Any increase in the specific number or any change in the specific class or classes of individuals shall require a new conditional use permit;

4.    Restrict the number of vehicles permanently located at the facility or operated on a daily basis in connection with the facility;

5.    Require additional review of any subsequent remodeling. The reviewing official shall determine the need for review by the review authority;

6.    Include such other conditions or terms as may be deemed appropriate and in the public interest to prevent interference with the use and enjoyment of public or private neighborhood property;

7.    Review compliance with the permit conditions of approval through submittal for reviewing official review, to be conducted at one-year intervals or as determined appropriate by the review authority. (Ord. O-02-25 § 1 (Exh. A))

All landing strips for aircraft or heliports shall be so designed and the runways and facilities so oriented that the incidence of aircraft passing directly over dwellings during their landing or taking off patterns is minimized. They shall be located so that traffic shall not constitute a nuisance to neighboring uses. The proponents shall show that adequate controls or measures will be taken to prevent offensive noise, vibrations, dust or bright lights. (Ord. O-02-25 § 1 (Exh. A))

A.    Purpose. Recreational vehicle (RV) parks are intended to provide for the accommodation of visitors who travel by recreational vehicle and reside in that vehicle for a period not to exceed one hundred eighty days out of the year.

B.    Permitted Uses. Recreational vehicle (to include motor homes and recreational trailers) and caretaker’s units. Storage of RVs on site is prohibited unless such use is allowed by the zoning district.

C.    Development Standards.

1.    The minimum size of an RV park is two acres.

2.    Landscaping.

a.    Perimeter landscaping and screening shall be located on the perimeter of a lot or parcel. Required landscaping and screening shall not be located on a public right-of-way or private street easement.

b.    Interior landscaping shall be provided to enhance and beautify the park. The applicant shall submit a landscaping plan.

3.    Interior Accessways and Circulation.

a.    Access drives shall be paved to a width of not less than twenty-four feet, and provided with sidewalks meeting ADA requirements on one side.

b.    One-way road systems may reduce the access drive width to not less than twenty feet.

c.    Minimum turning radius of access drives shall accommodate emergency vehicle access.

d.    Emergency vehicle access shall be provided per Title 14.

e.    Parked vehicles shall not encroach into the required access drive width.

4.    Recreational Amenities. A minimum of ten square feet of outdoor or indoor recreational space such as, but not limited to, pool areas, sports/play fields and game courts, shall be provided for each RV space, but in no case shall be less than one thousand five hundred square feet.

5.    Individual RV Spaces. Individual spaces shall be designed to:

a.    Accommodate an RV and one standard vehicle parking space.

b.    Provide sufficient width such that the minimum recreational vehicle separation between spaces (including slide outs) shall be at least ten feet; separation between passenger vehicles and recreational vehicles shall be a minimum of five feet.

c.    All unpaved areas shall be landscaped.

6.    Utilities.

a.    All RV spaces shall be provided with electrical, potable water and sewer connections. All utilities shall be provided underground and shall be subject to purveyor’s requirements.

b.    Drinking water connections shall require a minimum six-inch riser. Confirmation of the approved water system must be obtained from the public water purveyor or public health and have backflow protection in conformance with state and purveyor requirements.

c.    Confirmation of connection to an approved public sewer system or on-site sewage system must be obtained from the public sewer provider or public health agency.

7.    Sanitary Facilities.

a.    One toilet, lavatory and shower for each sex for every fifty recreational vehicle spaces or fraction thereof shall be provided within an enclosed building.

b.    Toilet, lavatory and shower facilities shall be located not more than five hundred feet from any recreational vehicle space.

c.    Laundry facilities. One washing machine and dryer shall be provided for every fifty recreational vehicle spaces or fraction thereof.

d.    A minimum of one sanitation station per each one hundred RV spaces or fraction thereof shall be provided. Sanitation stations shall be located within the park in such a manner so as not to be obnoxious to the tenants of the park and shall be set back at least fifty feet from all property lines and at least one hundred feet from property lines that abut residential development.

8.    Solid Waste. Solid waste collection areas shall be provided at the rate of at least one hundred square feet for every thirty spaces. Such areas shall be equally distributed throughout the site and be obscured by a fence or similar enclosure.

9.    Parking. Off-street parking shall be provided for vehicles as follows:

a.    Each individual RV space shall provide one standard vehicle parking space in addition to the RV space itself. Such spaces shall not encroach into the required minimum access drive width.

b.    One visitor parking space shall be provided for every ten recreational vehicle spaces or fraction thereof in addition to parking spaces needed for office or caretaker’s units.

c.    In addition to standard vehicle parking spaces for office uses and any caretaker’s unit, parking areas for RVs shall be provided near office or check-in structures and shall not obstruct traffic circulation or emergency vehicle access.

10.    All storage of supplies, maintenance, materials and equipment shall be provided within a storage area. Such storage areas shall be screened from adjoining properties by a landscape buffer.

11.    Lighting shall be shielded and positioned away from abutting properties. Light standards shall be a maximum of eighteen feet in height.

12.    Americans With Disabilities Act Compliance. Office parking, individual RV spaces, and other site facilities such as restrooms and recreational areas shall be reviewed for compliance with current ADA guidelines.

13.    One caretaker’s residence and/or office facility for the owner or operator of the campground or recreational vehicle park may be allowed. A manufactured home can be utilized as the caretaker’s residence; however, no other manufactured homes shall be occupied, stored, or parked in a campground or recreational vehicle park. No manufactured home unit shall be used for commercial use, assembly of people, or accessory use within a campground or recreational vehicle park.

D.    Performance Standards.

1.    Length of Occupancy. The period of time that an RV may occupy the park must not exceed one hundred eighty consecutive days, or one hundred eighty calendar days of a year.

2.    Wheels or similar devices shall not be removed from recreational vehicles, nor shall any fixture other than awnings, etc., that is an integral part of the vehicle be added which will prevent the recreational vehicle from being moved.

3.    Site Management.

a.    An on-call maintenance manager that is able to respond to emergencies shall be available at all hours.

b.    Management of the RV park shall be responsible to ensure compliance with the noise standards of Chapter 173-60 WAC.

c.    Lighting generated from RV or camping spaces shall not cast glare on abutting properties. (Ord. O-02-25 § 1 (Exh. A))

A.    Purpose. The purpose of this section is:

1.    To provide methods of solid waste disposal which are calculated to make the most economical and efficient use of land where solid waste disposal either occurs or has occurred;

2.    To provide for the protection and preservation of land uses which might be adversely impacted by solid waste handling and/or disposal;

3.    To ensure that solid waste handling and/or disposal sites and/or facilities will not constitute nuisances to other land uses, especially residential neighborhoods;

4.    To ensure that premises utilized for solid waste handling and/or disposal are appropriately and timely reclaimed.

B.    Conditional Use Permit.

1.    The following solid waste activities shall be exempt from any permit requirements of this section:

a.    Any person may dump or deposit vegetative solid waste resulting from that person’s own residential or agricultural activities onto or under the surface of premises owned or leased by that person when such residential or agricultural activity is accessory to a residential or agricultural use of the premises permitted under zoning laws. Any nonvegetative solid waste is not exempt from the provisions of this code.

b.    Any person may fertilize grass, flower beds, flowers, gardens, landscaping, and any other vegetation of any kind, for commercial or residential purposes, if done accessory to, or in furtherance of, a use permitted on the premises under zoning laws. This exemption shall include the disposal of sewage sludge only if a permit therefor has been obtained from the health officer.

c.    Any composting activity accessory to another permitted use on the premises shall be a permitted use for which a permit is not required.

d.    Solid waste activities for which a short-term permit has been issued by the Adams County health department; provided, that such activities are not located within residential zoning districts.

e.    Solid waste recycling and reclamation activities not conducted on the same site as and accessory to a solid waste disposal operation; provided, that such recycling and reclamation activities shall be subject to the use regulation of this section.

C.    Public Notice.

1.    Notice of hearing mailed pursuant to Section 17.94.050(E) shall be sent to owners of property within one thousand feet of the proposed use.

2.    The solid waste advisory commission shall be deemed a party of record for the purposes of this code in proceedings to obtain the conditional use permit required by this section.

D.    Nonconforming Uses.

1.    Activities for which a conditional use permit would be required by this section and for which a solid waste permit was issued by the health officer prior to the effective date of the ordinance pursuant to Chapter 70A.205 RCW, or any ordinance adopted thereunder, shall not be altered or enlarged in any manner except in accordance with the scope of approval given under such health district permit unless a conditional use permit is obtained for the alteration or enlargement.

2.    Other activities for which a conditional use permit would be required by this section, which were either permitted uses or legally recognized nonconforming uses prior to the effective date of the ordinance codified in this title, shall not be altered or enlarged in any manner unless a conditional use permit is obtained for the alteration or enlargement; provided, structural changes may be permitted to make structures safe for occupancy or use.

3.    Upon application to the reviewing official by the owner or occupier of a building or structure, lot, or land devoted to a nonconforming use, or by the owner or occupier of a nonconforming structure, the said owner or occupier shall be entitled to receive from said reviewing official a certificate of occupancy or use permit evidencing the date of establishment or construction and the legality of such nonconforming use or structure, and describing the elements of its nonconformity.

E.    Information Requirements.

1.    Applications for a conditional use permit hereunder shall include the following information:

a.    A statement and plan detailing the proposed reclamation of the site, particularly as reclamation will relate to the compatibility of the site as reclaimed with existing and anticipated land uses and zoning; and

b.    Any geological or other studies which are deemed necessary to determine the appropriateness of the land for the use proposed.

F.    Permit Criteria.

1.    Whenever a use, or the location thereof, is permitted only if a conditional use permit is granted as provided by this section, the use and its location may be allowed subject to the following:

a.    Before such approval shall be given, the review authority shall find:

i.    That the use will not prevent the orderly and reasonable use and development of surrounding properties or of properties in adjacent zones.

ii.    That all public or private utilities necessary for the use are available, and that the roads serving the use are adequate to accommodate the type and extent of vehicular traffic.

iii.    That the reclamation plan submitted by the applicant for the proposed use and any expansion clearly demonstrates that the site as reclaimed may be utilized for uses permitted within the zoning district in which it is located.

iv.    That the proposed use and any expansion do not impair or impede the realization of the objective of the comprehensive plan, and it would not be detrimental to the public interest to grant such proposed use.

2.    In making such findings, the review authority shall consider, among other things, the following criteria:

a.    The character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any such conditional uses;

b.    The conservation of property values and the encouragement of the most appropriate uses of land;

c.    The effect that the location of the proposed use may have upon the creation of undue increase of vehicular traffic congestion on public streets or highways;

d.    The availability of adequate and proper public or private facilities for the treatment, removal, or discharge of sewage, refuse, or other effluent (whether liquid, solid, gaseous, or otherwise) that may be caused or created by or as a result of the use;

e.    Whether the use, or materials incidental thereto or produced thereby, may give off obnoxious gases, odors, smoke, or soot;

f.    Whether the use will cause disturbing emission of electrical discharges, dust, light, vibration, or noise;

g.    Whether the operations in pursuance of the use will cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if existing, or if proposed by the county or by other competent governmental agency;

h.    To the necessity for suitably surfaced space for purposes of off-street parking of vehicles incidental to the use, and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or abutting the plot wherein the use shall be had;

i.    Whether the plot area is sufficient, appropriate, and adequate for the use and the reasonably anticipated operation and expansion thereof;

j.    Whether the use to be operated is unreasonably near to a church, school, theater, recreational area, or other place of public assembly;

k.    Whether a hazard to life, limb, or property because of conditions created or which may be created by reason or as a result of the use, and what measures could be effectuated to eliminate or mitigate any such hazards;

l.    What restrictions should or should not be imposed in order to secure the purposes of this section and to protect the public and surrounding property owners; and

m.    The extent to which any of the criteria contained herein does not apply.

G.    Ownership. No permit shall be issued for a premises except with written consent of the owner or owners. Permission to engage in the use is granted to the permit applicant only or the permit applicant’s transferee. Permits shall be transferable unless the approval specifies otherwise; provided, that the transferee submits proof that the performance bond or other security required pursuant to subsection K of this section remains in effect. Transferees shall engage in the use authorized by the permit only to the extent authorized by this section and the permit itself.

H.    Restrictions Upon Operations. Pursuant to Section 17.85.030 reasonable restrictions upon operations may be imposed which are calculated to secure the purposes of this section and the purposes of the comprehensive plan and this title. Such restrictions may relate to any activity anticipated from the use proposed. Examples would be: hours of operation, traffic volume, types of materials processed, volumes of materials handled, setbacks, etc.

I.    Future Use of Premises.

1.    The future use of the premises may be limited as a condition of the granting of the permit in order to ensure that those uses of the property to be effectuated at the conclusion of the conditional use will be consistent with the character of the land and surrounding existing and permitted land uses and zoning. After the conclusion of the conditional use, the property owner or occupier will be entitled to engage in any appropriate uses allowable in the zoning district in which the use was located.

2.    A binding plan of future reclamation of the land shall be required.

3.    A binding plan of future development of land may be required.

4.    If, because of the nature of the conditional use, the uses generally allowed in the zone or use district in which the property is located would no longer be suitable land uses at the conclusion of the conditional use, the consent of the owner and/or occupier to a change in zone to a zone or use district designation which would more nearly reflect the appropriate land uses which should be allowed at the conclusion of the conditional use, may be required as a condition of permit approval as a prerequisite which must be accomplished before the permit may be issued.

J.    Permit Period—Renewals—Reviews. Permit periods may vary. However, the review authority shall specify either a date upon which a permit expires, or the occurrence of an event upon which the permit expires. The permit period shall be of sufficient duration to ensure the completion of the use for which the permit is required. No permit shall be granted for a period of time in excess of twenty years. Permit renewals shall be processed in the same manner as new applications.

K.    Performance Bonds. Prior to issuance of any grading or building permits, an irrevocable standby letter of credit, bond, or alternate form of security in an amount sufficient to fund the estimated decommissioning/reclamation costs required by this code is required. The security shall:

1.    Name the board of county commissioners of Adams County as the sole beneficiary of the letter of credit;

2.    Be issued by an A-rated financial institution based upon a rating provided by S&P, Moody’s, Fitch, AM Best, or other rating agency with similar credentials;

3.    Include an automatic extension provision or “evergreen clause”;

4.    Be “bankruptcy remote,” meaning the security will be unaffected by the bankruptcy of the facility operator;

5.    Adams County, in its sole discretion, may approve alternative forms of security such as, but not limited to, bonds, letters of credit, or other securities, if it finds that such alternative forms will provide an assurance of the availability of financial resources for decommissioning/reclamation that equals or exceeds that provided by the form required herein;

6.    Adams County, at its sole discretion, may also approve modified terms and timing of the bond amounts based on the life cycle stage of the proposed site; and

7.    Any bond, letter of credit, or other securities shall be updated every five years to match the decommissioning/reclamation cost estimates.

L.    Conditions. Any conditions may be imposed upon the granting of a special use permit which are calculated to further the purposes of this section, and/or the purposes for which the permit is issued, and/or the purposes for which the permit is required. (Ord. O-02-25 § 1 (Exh. A))

A.    Purpose. This section provides for the establishment of temporary uses and structures. Temporary uses and the use of temporary structures shall be limited to those uses allowed in the respective zone.

B.    Definitions.

1.    “Temporary use” means a use of land that has a limited time duration.

2.    “Temporary structure” means a structure that does not have a permanent foundation, that involves no grading or site improvements, and that, when removed, results in no physical alteration of the site.

3.    “Change of use” means a change in the use of a portion or all of a site, including, but not limited to, the use of an existing parking lot for sales or storage. “Change of use” does not include the erection of a temporary structure over an existing permitted use, such as, but not limited to, tents which cover a portion of an existing car sales lot, or tents to cover existing play equipment.

C.    Uses and Exceptions.

1.    Subject to Section 17.94.030 (Type I review), the following temporary uses and structures may be approved:

a.    For residential districts:

i.    Temporary modular sales and leasing offices for on-site residential development properties;

ii.    Placement of tents, canopies, or membrane structures for more than two weeks per year that do not meet setbacks of the underlying zone; and

iii.    Placement of storage containers for more than two weeks per year.

b.    For nonresidential districts:

i.    Temporary sales and leasing offices for on-site commercial or industrial development properties; and

ii.    Temporary changes of uses and associated temporary structures for more than two weeks per year.

2.    Subject to Section 17.94.040 (Type II review), the following uses and structures may be approved:

a.    Temporary use of the following equipment essential to and only in conjunction with the construction or building of a road, bridge, ramp, dock, and/or jetty in proximity to the approved construction site:

i.    Portable asphalt or concrete mixing plants;

ii.    Portable concrete batching plants;

iii.    Portable rock crushing plants; and

iv.    Accessory equipment essential to the use of the aforementioned plants.

b.    Outdoor public amusements, entertainment or assemblies, including circuses, carnivals or amusement rides, shall not occur within two hundred feet of a residential district.

3.    Exceptions. Certain structures and uses are exempt from the requirement to obtain a temporary use permit. However, building and fire code requirements still apply. The following are exempt from the requirement for a temporary use permit:

a.    For residential districts:

i.    Placement of tents, canopies, membrane structures or storage containers within the setbacks of the district for two weeks or less per year.

ii.    Placement of tents, canopies, or membrane structures that meet the setbacks of the district.

iii.    Temporary construction trailers, construction materials, and equipment storage areas, and construction offices accessory to a residential construction site.

b.    For nonresidential districts:

i.    Temporary construction trailers, construction materials, and equipment storage areas, and construction offices accessory to a construction or mining site.

ii.    Fireworks stands, subject to the provisions of Chapter 8.12.

iii.    Holiday-related seasonal sales lots along with their associated temporary structures.

iv.    Temporary changes in uses and associated temporary structures for a total of two weeks or less per year per site. The property owner must register the use with the Adams County permit services center before the structure(s) or use(s) are placed or the change of use begun.

v.    Placement of tents, canopies, or membrane structures which do not result in a change of use for one hundred eighty calendar days or less per year per site as allowed by the fire marshal.

D.    Performance Standards.

1.    Temporary uses shall comply with all state and county regulations governing nuisance effects, including Chapter 9.20, Public Disturbance Noise, and with the following standards:

a.    Noise. Temporary uses shall comply with state maximum environmental noise levels as defined in Chapter 173-60 WAC.

b.    Temporary uses shall not cause external effects such as offensive odors, increased lighting or glare, dust, smoke, or vibration detectable to normal sensory perception at the property line.

c.    Any use of equipment that creates visible or audible interference in radio or television receivers or fluctuations in line voltage at or beyond the property line is prohibited.

2.    Any use of hazardous material or disposal of hazardous waste shall comply with all applicable federal, state and local regulations.

3.    Temporary uses shall not generate life safety hazards. Specific mitigating conditions may be required by the administrator.

4.    A temporary use permit shall be revoked should the county find that the use has failed to comply with the general provisions and standards, or other performance standards required by the permit.

E.    Permits.

1.    The administrator may approve permits for temporary uses and structures, with conditions to mitigate negative impacts. Uses may be allowed for a period of not more than eighteen months, or less as may be specified by the administrator.

2.    Upon the expiration of the temporary use permit, the applicant shall immediately discontinue the temporary use. If at the end of this time period such temporary use or structure is not removed or discontinued, the county shall begin enforcement proceedings which may include penalties and liens subject to Chapter 17.88.

3.    Temporary permits may be renewed for a period of up to one additional year by a conditional use permit. A fully complete conditional use application shall be submitted within thirty days of the expiration of the original permit. Proof of additional time needed for the use or structure shall be provided by the applicant with the application.

4.    Additional temporary use permits for the same site within three years of the original temporary use permit issuance shall require a conditional use permit prior to the issuance of a second permit.

1. Building permits may still be required.

(Ord. O-02-25 § 1 (Exh. A))

Standards for gravel pits and other surface and subsurface mining:

A.    Minimum site size: five acres;

B.    The mining operation shall not be conducted closer than five hundred feet to any plat boundary;

C.    All private truck roads connecting mining operations with county or state roads shall be kept wetted while being used, or shall be oiled or hard-surfaced and maintained so as to prevent the creation of dust;

D.    No materials shall be dug, or otherwise removed from its natural site, closer than fifty feet to any property line other than the owner’s, or to a public right-of-way;

E.    No production of sand and gravel shall be permitted from an open pit which creates a slope steeper than one foot horizontal to one foot vertical;

F.    Property to be used for production may be required to be fenced along the exterior boundaries. Such fence shall be maintained in good condition at all times;

G.    No excavation shall be carried on in dedicated streets;

H.    Whenever production on any property shall have been completed, all plants, buildings, structures (except fences) and equipment shall be entirely removed from such property and all stockpiles shall be removed or backfilled into the pit within one year after such completion; provided, however, that the provisions of this subsection shall not apply to any plants, buildings, structures, equipment or stockpiles whenever and so long as any rock and gravel shall be available from other properties for processing by or through such plants, buildings, structures, or equipment;

I.    Additional conditions may be attached to the permit for the purpose of rehabilitation of the pit area;

J.    When deemed necessary a bond shall be provided to ensure reasonable rehabilitation of open pit or surface mining; the amount of such bond shall be computed by multiplying the square root of the acres involved by the factor of 2.23 (example: eleven-acre site; square root of eleven equals 3.3, times 2.23 equals seven thousand three hundred fifty-nine, equals seven-thousand-dollar bond);

K.    The property on which a sand and gravel pit or rock quarry operation shall be located shall not be less than one thousand feet from any residential zone;

L.    Additional conditions may be attached to the permit by the board of county commissioners on recommendation of the planning commission for the purpose of protecting public health and safety and to ensure a program of rehabilitation of the pit area;

M.    Fencing sufficient to exclude livestock and people if it is necessary in the interests of public health and safety, to be determined by the planning commission and recommended to the county commissioners;

N.    Dust control may be required on access roads if deemed necessary for public health and nuisance control by the review authority;

O.    Any part of the operation creating excessive noise, dust, danger from explosives, or other phenomena hazardous to public health and safety must be at least one thousand feet from the nearest occupied dwellings or from commercial, residential, or recreational-type zones;

P.    Road approaches to public streets must be graded to avoid steep slopes to permit entering vehicles to stop in a nearly level position, must intersect the street at a right angle, and must be sufficiently wide so that the vehicles entering or leaving the public street can turn without leaving their own traffic lane;

Q.    Development proposals for mineral extraction operations shall be consistent with the county’s land use, critical areas, transportation and other elements within the comprehensive plan. Regulatory controls will become applicable concurrent with state requirements;

R.    The development of a mineral resource site will be phased with reclamation taking place as one phase is depleted and another phase is being utilized;

S.    Settling ponds, retaining basins, ditches, dikes and/or revegetation of slopes will be required for mineral extraction operations to protect water quality and to prevent erosion;

T.    Filling will not be allowed in floodways and erosion control will be considered a priority and addressed in the operational plan;

U.    Site design shall include adequate measures to control potential negative impacts to adjacent properties, including but not limited to fugitive dust, late hours of operation, light and glare. Such measures may include paving or gravelling road surfaces, watering, limited hours of operation, buffers and locating stockpiles in wind-protected locations;

V.    During the operation of the site, and any associated remote stockpiling, noxious weeds will be controlled in order to prevent spreading of the noxious weeds onto other properties, particularly agricultural lands;

W.    Assure the reclamation of land for redevelopment after the completion of gravel and mineral extraction including, but not limited to, weed control, revegetation, with the intent being to reestablish adequate ground cover or other uses as allowed within the comprehensive plan;

X.    All applicable federal and state regulations will be complied with, including but not limited to those rules administered by the Washington State Departments of Natural Resources and Ecology. (Ord. O-02-25 § 1 (Exh. A); Ord. O-01-05 § 2 (part). Formerly 17.68.140)

Standards for wrecking/junk yards:

A.    A sight-obscuring, solid color fence must be constructed and inspected prior to the issuance of a certificate of occupancy for use of the yard;

B.    The fence shall be a minimum of six feet in height;

C.    No automobile or parts thereof, junk or salvage materials or parts thereof shall be visible from any public right-of-way. All materials or parts shall be located within the fenced area;

D.    Minimum lot area: twenty-five thousand square feet;

E.    Storage of materials shall be such that it does not rise above the sight-obscuring fence;

F.    In any case, the site shall be chosen, considering topography, in such a manner that the fence is not visible from any public right-of-way;

G.    A performance bond shall be required to assure compliance with the provisions of the permit;

H.    The permit shall be granted for a period not to exceed two years and at the end of such period an inspection shall be made of the premises to determine the advisability of renewing such permit;

I.    Traffic control plan to minimize traffic hazards may be required to contain all or part of the following:

1.    Right-angle approach to public right-of-way with near-level slope;

2.    Controlled access and egress;

3.    Width of access and egress sufficient to accommodate turning vehicles in their own traffic lanes;

4.    Off-ramps or turning lanes if necessary to minimize traffic hazards;

5.    Space for loading and unloading off the public right-of-way and behind the fencing;

6.    Off-street parking space sufficient to accommodate customers, visitors and employees;

J.    Fences must be set back forty feet from front property lines (or consistent with the established setbacks in the zone being occupied). Side and rear yard fencing has no setbacks except where the use borders a residential, commercial or agricultural zone, in which case the setback will be twenty-five feet. In no case will a fence be closer than one hundred feet from an occupied residence. (Ord. O-02-25 § 1 (Exh. A) Ord. O-01-05 § 2 (part). Formerly 17.68.260)

A.    Aerospace product and parts manufacturing facilities operating under a conditional use permit shall be under federal contract at time of application. Facilities shall meet a minimum five-hundred-foot setback from property lines, except for guard shacks and watch towers, which shall be required to meet a minimum setback of ten feet.

B.    Manufacturing facilities shall meet the minimum requirements as determined by the following:

1.    Section 17.36.020(B)(2), Exterior lighting.

2.    Section 17.76.090, Off-street parking.

3.    Section 17.76.030, Building height measurements.

4.    Any additional conditional requirements as set by the review official. (Ord. O-02-25 § 1 (Exh. A))

A.    Food trucks are permitted on a site in the short-term for a maximum of thirty days per year without site plan review. Otherwise, food trucks are permitted long-term with site plan review as a Type I project in accordance with Chapter 17.94.

B.    Vehicles must be currently licensed, operable, and able to leave a site at any time; towables are permitted.

C.    All non-county permits and approvals, including department of health and L&I, as well as any state or federal agency, must be maintained.

D.    The site must have off-street parking per Section 17.76.090.

E.    Restroom facilities must be provided, on or off site with a binding agreement, as follows:

1.    Restroom facilities for staff must be provided within five hundred feet.

2.    Where outdoor seating is provided, restroom facilities for customers must be provided within five hundred feet.

F.    There must be adequate provisions made for litter control.

G.    Any tents or temporary shelters used on the site must meet National Fire Protection Association (NFPA) standards and are subject to inspection. All tents must include an affixed manufacturer’s label stating the tent meets NFPA requirements. The building official is required to inspect and approve the final installation of all temporary structures over four hundred square feet (excluding portable toilets) and any applicable inspection fees apply. (Ord. O-02-25 § 1 (Exh. A))

A.    Honeybee colonies shall be maintained in the following condition:

1.    All honeybee hives shall be registered with the Washington State Department of Agriculture and comply with Chapter 15.60 RCW and rules adopted thereunder.

2.    Colonies shall be maintained in movable-frame hives, unless exempted by the Washington State Department of Agriculture as an educational exhibit.

3.    Adequate handling techniques, such as requeening, should be employed, and adequate space in the hive should be maintained to minimize swarming.

4.    Apiaries shall be managed and kept in a clean and orderly condition.

5.    Adequate supply of water for the bees shall be provided.

6.    An apiary(s) shall be marked in full compliance with WAC 16-602-040.

B.    Abandoned colonies, diseased bees, or bees living in trees, buildings, or any other space except in movable-frame hives shall constitute a public nuisance, and shall be abated.

C.    Setbacks. Hives shall be at least twenty-five feet from a property line, with the hive(s) entrance(s) facing away from or parallel to the nearest property line.

D.    Lot Size. Beehives are limited to fifty on sites less than five acres; the number of beehives shall not be limited on sites of five acres or greater. (Ord. O-02-25 § 1 (Exh. A))

Residential properties rented for personal social events, such as wedding receptions, private parties, or similar activities, are subject to the following provisions:

A.    Minor accessory special event centers are a Type I project per Chapter 17.94. Minor accessory special event centers can hold up to two events per year, with under three hundred total people (guests plus staff) per event.

B.    Major accessory special event centers are a Type III project per Chapter 17.94. Major accessory special event centers are considered major if they do not meet the definition for a minor accessory special event center per subsection A of this section.

C.    Hours of Operation. Hours of operation shall be limited from sunrise to sunset (outdoor events only), except where specifically addressed in a use permit decision.

D.    Adequate buffering addressing noise, lighting, parking areas, and other identified impacts is required at varying levels depending upon adjacent uses, adjacent zoning, and type of impact.

E.    Facility must provide adequate parking, sanitary facilities, emergency access, and overall public safety.

F.    The owner is responsible for ensuring that all events abide by the county’s noise ordinance, Chapter 9.20, and the state’s maximum environmental noise levels per WAC 173-60-020, 173-60-040, 173-60-050, and 173-60-090.

G.    Events with outdoor entertainment, music, public address systems and speeches (particularly those with amplified sound) shall not unreasonably impact neighboring residents or businesses.

H.    The owner is responsible for complying with all applicable permitting approvals and/or regulations, including those relating to food service, liquor, etc.

I.    The owner is responsible for ensuring that the total occupancy does not exceed the occupancy rating as determined by the building official (including vendors and hired personnel) at any given time.

J.    Any tents or temporary shelters used on the site must meet National Fire Protection Association (NFPA) standards and are subject to inspection. All tents must include an affixed manufacturer’s label stating the tent meets NFPA requirements. If a label is not attached, it will be the event organizer’s responsibility to produce documentation from the manufacturer that the tent meets this standard prior to its acceptance. The county’s building official is required to inspect and approve the final installation of all temporary structures over four hundred square feet (excluding portable toilets) and any applicable inspection fees will apply. (Ord. O-02-25 § 1 (Exh. A))