Adams County Unincorporated
City Zoning Code
City Zoning Code
CHAPTER 17
76 GENERAL STANDARDS
§ 17.76.010 Purpose.
The purpose of the general standards is to provide a concise reference to requirements that are common to many different zoning districts, thereby providing a more efficient utilization of this title.
(Ord. O-01-05 § 2 (part); Ord. O-02-25 § 1 (Exh. A))
§ 17.76.020 Applicability.
In order to provide for orderly development and to ensure the public health, safety, and welfare of the community, any land use activity, buildings or structures shall not be erected, moved or utilized on any lot, tract or parcel of land, except in compliance with this chapter and other applicable ordinances.
(Ord. O-02-25 § 1 (Exh. A); Ord. O-02-25 § 1 (Exh. A))
§ 17.76.030 Building height measurement.
A.
The height of a building is the vertical distance at the center of a building’s principal front measuring from the average elevation of the finished grade along the front of the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof.
B.
Any building or structure or portion thereof hereafter erected in any use district shall not exceed the maximum height specified in the district, except:
1.
As enumerated elsewhere in this title; and
2.
The following types of structures or structural parts are not subject to the building height limitation of this title: aerials, belfries, chimneys, church spires, cupolas, domes, fire and hose towers, flagpoles, grain elevators, monuments, radio or television antennas, communication towers and associated antennas, water towers, windmills and other similar projections.
(Ord. O-01-05 § 2 (part); Ord. O-02-25 § 1 (Exh. A))
§ 17.76.070 Residential performance standards.
All residential dwellings shall meet the following provisions as a minimum standard. Manufactured homes are included in these provisions, except that manufactured/mobile home placements in approved manufactured/mobile home parks are excluded from these provisions.
A.
Width. The minimum width of the main body of the home, as assembled on the site, shall not be less than fourteen feet as originally designed and constructed, and as measured across the narrowest portion.
B.
Siding Materials. Siding materials shall be wood, masonite, masonry, stucco, vinyl, or other comparable durable materials. The exterior siding material shall extend to the top of the foundation or skirting.
C.
Foundation. Manufactured homes shall have a foundation or skirting that is similar in appearance to the foundations of site-built housing.
D.
Manufactured Homes.
1.
All used manufactured home placements must include proof of a “Fire Life Safety Inspection” by the Washington State Department of Labor and Industries (L&I).
2.
For new placements of manufactured homes, the age of the manufactured home shall not be greater than twenty years, as measured from the date of approval from L&I.
(Ord. O-01-05 § 2 (part); Ord. O-01-07 § 9; Ord. O-02-25 § 1 (Exh. A))
§ 17.76.080 Storage.
A.
General. All permitted storage shall be considered an accessory use. Storage of materials shall be located entirely within an enclosed building or shall be screened from view of the surrounding properties with a sight-obscuring fence and/or landscaping, except as otherwise required by this title.
1.
No storage of materials shall be located within the front yard setback.
2.
Storage of scrap lumber, metals, glass and other material sold or offered for sale is prohibited within residential zones.
3.
No premises shall be used as a storage area for any purpose other than the storage of materials or equipment used in connection with a permitted use.
4.
Mobile homes shall not be used as accessory storage structures.
B.
Recreational Vehicles. Off-street storage or off-street parking areas shall be provided for all recreational vehicles, including, without limitation, boats, motor homes, travel trailers, or similar type recreational vehicles.
1.
The storage of recreational vehicles shall be prohibited within the required front yard setback in a residential district or on the public right-of-way.
C.
It is unlawful and a violation of this title for the owner of any premises in the county, the owner’s agent, or the occupant of any premises in the county to store, keep or accumulate junk and/or junk vehicles on such property, or to allow anyone else to store, keep or accumulate junk and/or junk vehicles on such property. The storage of farming-related equipment in the agricultural zones is excluded from these provisions.
(Ord. O-01-05 § 2 (part); Ord. O-02-25 § 1 (Exh. A))
§ 17.76.090 Off-street parking.
A.
Applicability. The following standards shall apply in all zoning districts to all development under this code. Off-street parking shall be established prior to occupancy of any new or expanded building or before a change of use occurs in the use of an existing building.
B.
Improvement of Parking Spaces. Any off-street parking in the commercial, industrial and public uses for ten or more vehicles shall be developed in accordance with the following: Off-street parking facilities shall be surfaced with a concrete, asphalt/ concrete or similar surface approved by the county, and shall include a drainage system to dispose of surface water on site, and shall be maintained in a condition free of weeds, dust, trash, and debris, and shall be landscaped;
C.
General Provisions.
1.
Off-street parking spaces for dwellings shall be located on the same lot as the dwelling.
2.
Parking spaces shall be located no further than one thousand feet from the use they are serving.
3.
If the required amount of off-street parking has been proposed to be provided off site, the applicant shall provide written contracts with affected landowners showing that required off-street parking shall be provided in a manner consistent with the provisions of this chapter.
4.
Wheel stops shall be provided where necessary to protect structures or landscaping and to prevent vehicles from encroaching onto any adjacent property, right-of-way or pedestrian routes.
5.
Loading spaces for a given use shall be situated on the same lot as the use it serves, except as provided for joint use of facilities.
D.
Lighting. Light fixtures in parking or loading areas shall be consistent with RCW 47.36.180 on public roadways and not cast significant light or glare off site on adjacent properties. Lights must be downward directional.
E.
Required Off-Street Parking.
1.
The number of off-street parking spaces for various land uses is listed in Table 17.76.090-1.
2.
An applicant may request a modification of the minimum number of parking spaces by providing a study or memo prepared by a qualified professional that substantiates that parking demand can be met with a reduced parking requirement. In such cases, the administrator may approve a reduction of the minimum number of spaces required.
3.
Unspecified Uses. In those instances where this title does not specify a parking requirement for a specific use, the administrator shall establish the minimum requirement on a case-by-case basis as a Type I decision per Chapter 17.94. The applicant may be required to provide sufficient information to demonstrate that the parking demand for a specific use will be satisfied, based upon existing uses similar to the proposed use and other relevant factors, including but not limited to required parking for the proposed use as determined by other comparable jurisdictions and based on available planning and technical studies. The administrator may require the applicant to have a parking study for the proposed use prepared by a professional consultant with expertise in preparing traffic and parking demand analyses.
4.
Rounding. When calculations result in a fraction, the number of off-street parking spaces shall be rounded up.
5.
Off-street parking and access for physically disabled persons shall be provided in accordance with the regulations adopted pursuant to Chapter 19.27 RCW, State Building Code, and Chapter 70.92 RCW, Public Buildings—Provisions for Aged and Disabled.
6.
When provided, parking for electric vehicle charging station space may be included in the calculation for minimum required parking spaces.
Table 17.76.090-1 Off-Street Parking Requirements | |
|---|---|
Use | Required Parking |
1. Amusement and Recreation | |
Auditorium, exhibit halls, stadiums, and sports arenas | One space for each six fixed seats based upon maximum seating capacity, or for places with no fixed seating, one space for every 100 square feet of floor area |
Bowling alleys | Four spaces for each lane |
Game rooms, card rooms, pool halls | One space for each playing table, or one space for every three machines |
Gymnasiums, exercise facilities | One space for each 200 square feet of floor area |
Horse racing tracks, speedways | One space for each six grandstand seats based upon maximum seating capacity |
Movie theaters | One space for each four seats |
Roller/ice-skating rinks | One space for each 200 square feet of skating surface area |
Swimming Pools | One space for each 200 square feet of water surface area |
2. Community Service-Type Facilities | |
Churches, synagogues, temples, funeral homes, and similar places of assembly | One space for each six seats based upon maximum seating capacity |
Convalescent homes, nursing homes, congregate care facilities | One space for each three beds plus one space for each two employees |
Fire and police stations | One space for each 300 square feet of floor area |
Hospital | One space for every five patients plus one additional space for each staff doctor and one space for each three employees |
Library | One space for each 250 square feet of floor area |
Museums, art galleries | One space for each 250 square feet of floor area |
Juvenile detention centers | One and one-half spaces for each bed |
3. Educational Facilities | |
Elementary schools | One space per each employee and faculty member |
Middle schools | One space per each employee and faculty member |
High schools | One space for each employee and faculty member plus one space for each eight students |
School auditoriums | See requirements for auditoriums under amusement; this number is in addition to the parking requirements of the specific type of school where the auditorium is located |
Daycare centers | One parking space for each employee and one space per 6 children |
Vocational schools, beauty schools | One parking space for each 300 square feet of floor area or one space for each teaching chair/bed/station |
4. Manufacturing Industries | |
All uses including but not limited to warehouses, storage, and wholesale business and freight terminals | One space for each two employees on maximum working shift |
5. Residential | |
Residential units | Two spaces per unit |
Congregate care facilities | One space for every three beds and one space for every two employees |
6. Retail Trade and Services | |
General retail uses | One space for each 300 square feet of floor area |
Coffee and food stands | One space for each employee on maximum working shift, plus one space per outdoor seating table. |
Beauty and barber shop | One space for each 150 square feet of floor area |
Financial institutions | One space for each 300 square feet of floor area |
Furniture and appliances | One space for each 600 square feet of floor area |
Office buildings, medical and dental clinics | One space for each 300 square feet on the ground floor; one space for each 500 square feet of floor space above or below the first floor |
Motels and hotels | One space for each lodging room and one space for every two employees |
Restaurants and tasting rooms | One space for each 100 square feet of floor area |
Food truck | One space for each employee on a working shift, plus four spaces for customers |
Home business | One space for each employee on a working shift who comes to the home, plus two spaces for customers if customers come to the home |
F.
Minimum Parking Lot Dimensions. The minimum parking space and aisle dimensions for the most common parking angles are shown in Table 17.76.090-2. For parking angles other than those shown in Table 17.76.090-2, the minimum parking space and aisle dimensions shall be as approved by the county engineer.
Table 17.76.090-2 Minimum Dimensions for Parking Stalls and Aisles | |||||
|---|---|---|---|---|---|
Parking Angle (°) | Stall Width | Curb Length per Stall | Stall Depth | Aisle Width | |
One-Way | Two-Way | ||||
0 | 9.0' | 24.0' | 9.0' | 12.0' | 20.0' |
45 | 10.0' | 15.0' | 19.0' | 14.0' | 20.0' |
60 | 10.0' | 12.0' | 20.0' | 18.0' | 20.0' |
90 | 10.0' | 10.0' | 20.0' | 20.0' | 26.0' |
G.
Frontage. All parking areas fronting streets shall be set back ten feet from the right-of-way line. All parking lot setback areas shall be treated with a variety of landscape elements.
(Ord. O-01-05 § 2 (part); Ord. O-02-25 § 1 (Exh. A))
§ 17.76.100 Clear view triangle.
The fencing and planting standards in the residential zone shall be sight-obscuring fencing and plantings along the front property line and extending rearward from the front property line for a distance of thirty feet, and along street-bordered side yards, and shall not be in excess of thirty inches high.
(Ord. O-01-05 § 2 (part); Ord. O-02-25 § 1 (Exh. A))
§ 17.76.120 Development and traffic control plan.
Departments and officials charged by this title with the enforcement thereof shall ensure that all access and egress driveway locations, off-street parking and loading areas, screening areas, and other improvements required in the approved development and traffic control plan are indeed established, constructed and maintained. Such administrative procedures may include the requirement that an owner or lessee of property, upon application for a building or occupancy permit, post a good and sufficient bond or surety running to the county in an amount equal to the estimated cost of construction of any improvements required in the approved development permit. Development within the commercial and industrial zones, and for other development as deemed necessary by Adams County, shall require a development and traffic control plan consisting of the following components:
A.
Not increase traffic congestion so as to decrease the existing level of service on nearby roadways;
B.
Provide for the proper handling of traffic on the county road providing direct access to the proposed commercial zone;
C.
Prevent or minimize adverse effects upon adjoining land developed or zoned for residential use. Such development and traffic control plan shall show the use, location and extent of the proposed:
1.
Building and other improvements including sign structures;
2.
Off-street parking and loading spaces;
3.
Access and egress driveway locations;
4.
Street dedication and/or widening, if any;
5.
Such other information as may be required by the planning commission or the board of county commissioners.
(Ord. O-01-05 § 2 (part); Ord. O-02-25 § 1 (Exh. A))
§ 17.76.140 Screening and buffering standards.
A.
All zoning districts shall comply with certain screening and buffering standards to help mitigate the impacts associated with more intense development.
B.
Unused Right-of-Way in Commercial and Industrial Zones. The area between property lines and street curbs or sidewalks, exclusive of driveways for ingress/egress, shall be treated with landscape materials.
C.
All disturbed areas of a lot or parcel not landscaped or covered with improvements shall be reseeded with native grasses or otherwise treated to control erosion and dust. Residential gardens within established landscapes are excluded from this provision in residential districts.
D.
In addition to the requirements contained in this section, commercially and industrially zoned properties adjacent to properties in less intense zoning districts shall have either a ten-foot-wide live landscaping buffer or a sight-obscuring wall the side immediately adjacent to the less intense zoning district.
1.
Live vegetation, if provided, shall meet the following standards:
a.
Live vegetation within the landscape buffer shall be planted with a mix of evergreen and deciduous trees and shrubs interspersed throughout the landscape buffer.
b.
Trees shall be provided at a minimum rate of one tree for every twenty lineal feet of property line and spaced no more than thirty feet on center spacing along each property line, unless planted in groupings of three trees, with groupings spaced no more than five feet on center along each property line.
c.
Shrubs shall be provided at a minimum rate of one per eight linear feet of property line and spaced no more than sixteen feet apart on center.
d.
Landscaping must be maintained.
2.
The sight-obscuring wall, if provided, shall meet the following standards:
a.
Must be six feet high; and
b.
Must be view-obscuring fence, made of wood, masonry block, or concrete.
E.
Trash Receptacles. All outdoor trash, garbage and refuse areas associated with multifamily, commercial, public and/or industrial uses shall be screened on all sides from public view and at a minimum, be enclosed with a five-foot-high wood, concrete or masonry wall, or sight-obscuring fence and landscaping on three sides.
1.
Refuse storage shall be prohibited within the front setback and within required rear or side setbacks when adjacent to a residential district.
2.
Refuse storage areas shall be designed in accordance with the overall architectural theme of the associated building or structure. Single-family and duplex dwellings shall be exempt from this provision.
(Ord. O-02-25 § 1 (Exh. A))
§ 17.76.180 Agricultural reserve developments.
“Agricultural reserve developments” means a development design technique that concentrates buildings or lots in specific areas on a site to preserve the remaining land. Agricultural reserve developments are permitted in the agricultural districts and R-20. They shall meet the following minimum provisions:
A.
Agricultural reserve developments are processed as either a subdivision or a short subdivision in accordance with the established procedures for those land divisions under Chapter 58.17 RCW and Title 16, Subdivisions, and in conformance with all other applicable standards of the Adams County Code.
B.
Agricultural reserve developments create two types of lots:
1.
Individual lot(s); and
2.
The reserve lot that is the portion of a proposed agricultural reserve development intended for one or a combination of the following uses: critical area, agriculture, forestry, open space, historic/cultural area, undeveloped area, recreation, and/or other similar use. The reserve lot is included as a lot for the purpose of determining the applicable land division process in accordance with Chapter 58.17 RCW.
C.
Where agricultural reserve developments maximize the allowed density of development of an original parent parcel, further division shall not be allowed until such time as the property is rezoned to permit a higher density, consistent with the comprehensive plan.
D.
Where agricultural reserve developments do not maximize the allowed density of development of an original parent parcel, further division that would maximize the development will be allowed no sooner than five years from date of final plat approval.
E.
Density. The minimum acreage in the reserve area must be equal to the minimum lot size of the zone for every individual lot. For example, if the minimum lot size is forty acres, two individual lots must be supplied with eighty acres of reserve area.
F.
Lot Sizes.
1.
Individual lots within agricultural reserve divisions will be the minimum required by the Adams County health department to address provisions for domestic water and sewage disposal and shall be no smaller than as shown in Table 17.76.180-1.
2.
Individual lots must identify an adequate building envelope that accommodates minimum setback requirements of the district.
Table 17.76.180-1 Agricultural Reserve Development Dimensional Standards. | ||||
|---|---|---|---|---|
Lot Requirements—PA-60, PA-40 and GA-20 Agricultural Reserve Developments | ||||
Lot Type | Minimum Lot Size | |||
PA-60 | PA-40 | GA-20 | R-20 | |
Individual Lot | 10 acres | 5 acres | 5 acres | 5 acres |
Reserve Lot | Minimum lot size of the zone, for each individual lot | |||
G.
Minimum Development Standards.
1.
Lot Configuration.
a.
Where multiple individual lots are proposed, where practical, the majority of individual lots shall be arranged in a clustered/concentrated pattern to be compatible with physical site features. The arrangement of individual lots is intended to discourage development forms commonly known as linear, straight-line or highway strip patterns.
b.
Lots may be located in different areas of the original parcel, provided all other criteria within this section are met.
2.
Road Access.
a.
Individual lots should be created in close proximity to existing roads, if possible, to minimize the need for construction of new roads.
b.
Access shall be provided to all reserve tracts, unless those tracts are designated for critical areas protection.
3.
Reserve Lots.
a.
The reserve lots shall be contiguous. Fragmentation of the lot by public or private roads, easements and/or building sites/lots shall not occur unless no other reasonable alternative exists.
b.
Any structure used for human habitation shall maintain a setback of one hundred feet as measured horizontally to the boundary of the reserve lot. Other buffering methods may be utilized to reduce the setback as approved by the director and may include berms, landscaping, fencing or a combination thereof. At no time shall the buffer be reduced to less than sixty feet.
c.
The reserve lot may be owned by a homeowners’ association, corporation, partnership, land trust, individual or other entity as proposed, reviewed and approved by Adams County.
d.
A management plan is required for the reserve lot. The plan shall be submitted and approved with the preliminary application. The plan shall identify permitted uses and management of the reserve lot so that it maintains its designated function and provides for protection of all critical areas. The management plan shall identify responsibility for maintaining the reserve lot. The plan shall also include a description of any construction activities (trails, fencing, recreation, buildings or similar improvements) and vegetation clearing that may occur on site. All subsequent activities must be conducted in conformance with the approved management plan. Modification of management plans may be approved by the director, provided the original purpose and intent of the reserve lot is maintained.
e.
A note shall be placed on the plat and a restrictive covenant shall be recorded clearly stating that the reserve lot will only be used for the intended purpose pursuant to this section. The note and covenant shall also incorporate the management plan, as described above.
f.
Structures/buildings shall not be allowed within reserve lots, except as described in the management plan and necessary for associated recreational uses, historic buildings, public facilities or agricultural accessory structures essential to an agricultural use.
4.
Infrastructure. All development facilities and infrastructure required pursuant to Adams County Code or other agency requirements shall be located within the interior boundaries of the lots or as otherwise allowed by this section.
5.
All property owners of the individual lots in a agricultural reserve development shall sign and record with the Adams County auditor’s office a notarized statement, upon purchase, acknowledging the statement in Section 17.76.190(E) and shall record it with the county auditor for disclosure in the deed and mortgage records of the subject property.
6.
The minimum setbacks are per Table 17.76.180-2.
Table 17.76.180-2 Agricultural Reserve Development Setbacks | |||||
|---|---|---|---|---|---|
Zoning District | Use | Minimum Setbacks1 | |||
Front (feet) | Side | Rear (feet) | |||
Street (feet) | Interior (feet) | ||||
PA-60 | Residential | 300 | 300 | 300 | 300 |
Accessory | 100 | 100 | 100 | 100 | |
PA-40 | Residential | 150 | 150 | 150 | 150 |
Accessory | 75 | 75 | 75 | 75 | |
GA-20 | Residential | 60 | 60 | 60 | 60 |
Accessory | 60 | 30 | 30 | 30 | |
R-20 | Residential | 502 | 252 | 20 | 20 |
Accessory | 502 | 252 | 20 | 20 | |
1. | Special setbacks may apply to all lots neighboring an agricultural district (see Chapter 17.42). |
2. | From public road right-of-way or private road easement. |
(Ord. O-02-25 § 1 (Exh. A))
§ 17.76.190 Right to farm.
A.
Purpose. Agricultural activities conducted on farmland are often subjected to nuisance lawsuits, and such suits encourage and even force the premature removal of the lands from agricultural uses. It is therefore the purpose of this section to provide that agricultural activities conducted on farmland be protected from nuisance lawsuits.
B.
Agricultural Activities and Forest Practices—Presumed Reasonable and Not a Nuisance—Exception—Damages.
1.
Agricultural activities conducted on farmland, if consistent with good agricultural practices, are presumed to be reasonable and shall not be found to constitute a nuisance unless the activity or practice has a substantial adverse effect on public health and safety.
2.
If those agricultural activities are conducted under generally accepted agricultural and management practices and do not conflict with federal, state, and local laws and regulations, they are presumed to be good agricultural practices not adversely affecting the public health and safety. An agricultural activity that is in conformity with such laws and rules shall not be restricted as to the hours of the day or day or days of the week during which it may be conducted.
3.
Nothing in this section shall affect or impair any right to sue for damages.
C.
Definitions. For the purposes of this section, definitions are found in RCW 7.48.310.
D.
Claims by Farmer—Costs—Recovery.
1.
A farmer who prevails in any action, claim, or counterclaim alleging that agricultural activity on a farm constitutes a nuisance may recover the full costs and expenses determined by a court to have been reasonably incurred by the farmer as a result of the action, claim, or counterclaim.
2.
A farmer who prevails in any action, claim, or counterclaim (a) based on an allegation that agricultural activity on a farm is in violation of specified laws, rules, or ordinances, (b) where such activity is not found to be in violation of the specified laws, rules, or ordinances, and (c) actual damages are realized by the farm as a result of the action, claim, or counterclaim, may recover the full costs and expenses determined by a court to have been reasonably incurred by the farmer as a result of the action, claim, or counterclaim.
3.
The costs and expenses that may be recovered according to subsection (D)(1) or (D)(2) of this section and as hereafter amended include actual damages and reasonable attorneys’ fees and costs. For the purposes of this section, “actual damages” includes lost revenue and the replacement value of crops or livestock damaged or unable to be harvested or sold as a result of the action, claim, or counterclaim.
4.
In addition to any sums recovered according to subsection (D)(1) or (D)(2) of this section, a farmer may recover exemplary damages if a court finds that the action, claim, or counterclaim was initiated maliciously and without probable cause.
5.
A farmer may not recover the costs and expenses authorized in this section from a state or local agency that investigates or pursues an enforcement action pursuant to an allegation as specified in subsection (D)(2) of this section.
6.
A state or local agency required to investigate a complaint alleging agricultural activity on a farm is in violation of specified laws, rules, or ordinances and where such activity is not found to be in violation of such specified laws, rules, or ordinances may recover its full investigative costs and expenses if a court determines that the complaint was initiated maliciously and without probable cause.
E.
Notice of Agricultural and Mineral Land Activities. All plats, building permits or development approvals under this title issued for residential development activities on or within a radius of five hundred feet of agricultural activities, agriculturally zoned lands (GA-20, PA-40, and PA-60), mineral resource lands, or in current use pursuant to Chapter 84.34 RCW, shall contain or be accompanied by a notice provided by the administrator. Such notice shall include the following disclosure (as applicable):
1.
For Agricultural Lands.
The subject property is within or near agricultural uses or designated agricultural land on which a variety of commercial activities may occur that are not compatible with residential development for certain periods of limited duration. The county will not consider to be a nuisance those inconveniences or discomforts arising from agricultural activities, provided such activities are consistent with commonly accepted agricultural best management practices. Potential discomforts or incon-veniences may include, but are not limited to: noise, odors, fumes, dust, smoke, insects, operation of machinery (including aircraft) during any twenty-four-hour period, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides and pesticides. |
2.
For Mineral Lands.
The subject property is within or near mineral resource lands on which a variety of commercial activities may occur that are not compatible with residential development for certain periods of limited duration. The county will not consider to be a nuisance those inconveniences or discomforts arising from mining and mineral extraction activities, provided such activities are consistent with commonly accepted best management practices in compliance with local, state, and federal laws. A variety of mining and mineral extraction activities which are in conformance with existing laws and regulations occurs on adjacent lands that may be inconvenient or cause discomfort to residents of this property, including, but not limited to, extraction, washing, crushing, stockpiling, blasting, transporting, and recycling of materials and the operation of heavy equipment and machinery, any of which may cause dust, fumes, noise, glare, vibrations, and truck traffic. |
(Ord. O-02-25 § 1 (Exh. A))
