The purpose of this chapter is to establish supplemental development standards which qualify or supplement, as the case may be, the district regulations contained herein. The supplemental development standards are intended to assure land use compatibility and promote the public health, safety and welfare of the community.

(Ord. 7-2005 § 33.1.0, 2005)

Table 70-1 "Permitted Land Uses" is incorporated as part of this section and is inserted at the end of this chapter. The land uses listed in Table 70-1 are designated as permitted by right (P), accessory (A) or requiring a conditional use permit (CUP).

(Ord. 7-2005 § 33.2.0, 2005)

The following use(s) are specifically prohibited in all zoning districts in unincorporated Franklin County.

A.

Medical marijuana cooperatives, per RCW 69.51A.250, (formerly referred to as collective gardens per RCW 69.51A.085) unless otherwise allowed by federal law.

B.

The establishment, location, permitting, licensing, or operation of marijuana production, processing, and/or retailing to the extent authorized by Initiative 502 or applicable law.

(Ord. No. 10-2013, 10-30-2013; Ord. No. 6-2015, 12-16-2015; Ord. No. 4-2017, § 1, 5-31-2017)

A.

Prior to issuance of a building permit or factory assembled residential structure (FAS) permit, the applicant for such permits shall demonstrate either of the following:

1.

That the parcel upon which the building or FAS will be located fronts upon and has direct access to a county road, state highway, city street; or

2.

There is an access easement recorded in the Franklin County auditor's office that provides access to the parcel from a county road, state highway or city street. Any such access easement shall be continuous from the boundary or the parcel for which the permit is to be issued to county road, state highway, or city street and shall be a minimum of twenty (20) feet in width, unless additional width is required by any other Franklin County Code provision.

B.

The responsibility for construction and maintenance of an access easement shall be vested with the property owner and not with Franklin County. Any person submitting an application for a building or FAS permit based upon an access easement shall submit a copy of the recorded access easement to the planning and building director or building official. If such access easement is crossing an irrigation canal right-of-way or a railroad right-of-way, then the applicant must provide to the planning and building director or building official a valid crossing permit from the respective agency.

(Ord. 7-2005 § 33.3.0, 2005)

A building, structure or use which is considered necessary to the operation or enjoyment of a lawful permitted use or conditional use, and is appropriate, incidental, and subordinate to any such building, structure or use, shall be considered accessory when located on the same lot. A use which involves an increase in the number of dwelling units in a building or on a lot beyond that which is permitted in the district, shall not be considered an accessory building.

A.

General Standards.

1.

Yard setback requirements are identified in each zoning district.

2.

Corner lot setback standards are discussed in Chapter 17.72 of this title.

3.

Front setback standards are measured from the public road or access easement.

4.

No portion of the building shall be located within or encroach into a utility easement.

5.

Decertified mobile homes (factory assembled homes), recreational vehicles, and mobile office structures or trailers shall also not be considered as accessory buildings.

6.

Tent and/or canvas covered storage buildings/structures shall be no greater in size than four hundred eighty (480) square feet within urban growth area residential zoning districts and the rural community 1 zoning district. The size may be exceeded upon the approval of a conditional use/special use permit.

7.

Within residentially zoned properties which restrict the number of accessory structures allowed, no more than two accessory structures, which are of a size that do not require a building permit, may be placed on a parcel or lot. The side and rear yard setback for these structures is five feet.

8.

Storage containers are a permitted use in the AP-20, AP-40, and I-2 Zoning Districts. The approval of a conditional use permit is required for placement in the Office, C-1 and C-2 Zoning Districts. Storage containers are not permitted in any residential zoning districts with the exception of the RR-5, RC-1 and RC-5. Placement of a storage container in the RR-5, RC-1 and RC-5 Zoning Districts shall comply with the following standards:

a.

The parcel where the container is to be located shall be a minimum of two and one-half acres in size and allow for the placement of only one container;

b.

The container shall be located in the side and rear yards only;

c.

The color of the container shall be similar to the primary structure;

d.

Shall comply with the standards described in Section 8.3.0, Permitted Accessory Uses and Section 8.5.0, Development Standards for the RR-5 Zoning District and Section 9.3.0, Permitted Accessory Uses and Section 9.5.0, Development Standards for the RC-1 Zoning District and Section 10.3.0, Permitted Accessory Uses and Section 10.5.0, Development Standards for the RC-5 Zoning District.

e.

The container shall be screened with live vegetation or other materials or structures approved for use in this zone so no more than fifty percent (50%) of the container is visible from the county R-O-W and neighboring properties.

f.

Site plan approval to ensure compliance with the above described standards shall be approved by the planning department.

B.

Riverfront Standards. Lands with river frontage or frontage to corp of engineers (government) owned riverfront land with a residential zoning classification may construct an accessory building within the designated front yard area (between the home and street) without approval of a conditional use/special use permit if the following design criteria is complied with:

1.

Roofing materials must be compatible and similar in relation to the primary structure.

2.

Exterior siding must be compatible and similar in relation to the primary structure.

3.

Placement of accessory buildings must conform to all applicable yard requirements for the zoning district in which they are located. Front yard setback standards are the same as the primary structure.

4.

Placement of accessory building shall not encumber more than forty (40) percent of the front facing wall of the single-family home.

5.

The size and height requirements for accessory buildings described in the applicable zoning district shall be complied with.

6.

The planning and building department director shall review each accessory building for compliance with the above described criteria.

C.

An accessory building which is an integral part of the primary structure; i.e., has a common wall must comply with the provisions of this chapter applicable to the primary structure. An accessory building that is detached or connected by a breezeway must comply with this section.

1.

A detached accessory building that is connected by a breezeway may be considered to be a portion of the primary structure provided the following provisions are complied with:

a.

The breezeway connecting the primary structure and accessory building shall not be more than twenty-five (25) feet in length.

b.

The breezeway connecting the primary structure and accessory building shall be constructed out of similar materials (both type and color) as the primary structure and at a minimum have the same roof pitch as the primary structure. This is to maintain the same look as and match the primary structure as closely as possible (i.e., siding and roofing).

c.

The breezeway connecting the primary structure and accessory building shall be fully soffitted, utilizing similar materials (both type and color) as the primary structure. This is to maintain the same look as and match the primary structure as closely as possible (i.e., siding).

d.

The accessory building, being attached to the primary structure via the breezeway, shall be constructed out of similar materials (both type and color) as the primary structure and at a minimum have the same roof pitch as the primary structure. This is to maintain the same look as and match the primary structure as closely as possible (i.e., siding and roofing).

e.

If the above provisions are utilized, the setback and height restrictions shall be the same as the primary structure.

D.

Accessory buildings shall not be permitted prior to the completion of the primary building/structure and/or permitted use within any zoning district (verification of at least fifty (50) percent completion of the primary building/structure and/or permitted use will constitute the eligibility to apply for an accessory building permit). This subsection can be waived upon the completion and approval of a Franklin County "accessory building declaration of occupancy use" form.

E.

The following standards shall apply to all accessory buildings in any zoning district within the urban growth area boundaries of Franklin County:

1.

Roofing materials must be compatible and similar in relation to the primary structure.

2.

Exterior siding must be compatible and similar in relation to the primary structure.

3.

Placement of accessory buildings must conform to all applicable yard requirements for the zoning district in which they are located.

(Ord. 7-2005 § 33.4.0, 2005)

(Ord. No. 4-2011, § 33.4.0, 8-3-2011; Ord. No. 8-2013, 9-25-2013)

One accessory dwelling is permitted per single-family dwelling within all single-family districts under the following conditions:

A.

An accessory apartment may be developed in an existing or new residence.

B.

An accessory apartment must be under the same roof as the principal dwelling and cannot be detached in any manner from the principal dwelling.

C.

An accessory apartment must have its own outside entrance, but not within the same facade as the main entrance of the dwelling.

D.

An accessory dwelling shall have a kitchen and bathroom and shall not contain more than two bedrooms.

E.

Shall not exceed forty (40) percent of the principal dwelling's total floor area, and shall not exceed eight hundred (800) square feet.

F.

One additional off-street parking space shall be provided in conformity with Chapter 17.78 of this title.

G.

One dwelling must be owner-occupied for eight months of the year.

H.

The dwelling and the accessory dwelling must meet all applicable setbacks, lot coverage and building height requirements.

I.

Must be connected to the utilities (except telephone and television) of the principal dwelling unit and cannot have separate services.

J.

Must not require any modification that would alter the single-family character of the principal dwelling.

K.

If the post office permits house-mounted mailboxes, only one shall be permitted on the principal dwelling.

L.

An accessory dwelling permit is required prior to the issuance of a building permit for construction or alteration of an accessory dwelling.

M.

Any accessory dwelling unit lawfully existing prior to adoption of the ordinance codified in this title are considered legal nonconforming uses. All such units are required to obtain an accessory dwelling permit.

N.

The renting of rooms for lodging purposes is prohibited in single-family homes where there is an accessory dwelling unit.

(Ord. 7-2005 § 33.5.0, 2005)

One detached accessory dwelling unit is permitted per dwelling within all single-family districts subject to the following conditions:

A.

Single-family residence situated upon a parcel of real estate being two acres in size or larger.

B.

The accessory dwelling is a separate or detached dwelling.

C.

The accessory dwelling shall have a floor space exceeding seven hundred twenty (720) square feet, but not to exceed one thousand six hundred (1,600) square feet. The accessory dwelling shall have provided off-street parking in conformity with off-street parking.

D.

The accessory dwelling may be developed only upon the granting of a conditional use permit. The conditional use permit may require that, upon the termination of the specified occupant's(s') use and occupancy of the accessory dwelling, such dwelling shall be removed from the premises permanently, with any underground or permanent improvements to the premises to be capped and/or abandoned.

E.

The exterior colors of the accessory dwellings siding must be compatible with the primary dwelling.

F.

The accessory dwelling may be a factory assembled home or may be constructed within an existing or proposed detached accessory building. If the detached accessory dwelling is to be a factory assembled home, the placement and age of the structure shall comply with the zoning requirements in effect for the placement of a single-family home for the specific project location.

G.

The use of the accessory dwelling unit shall be only for the care of aged parents, aged relatives, disabled children or disabled relatives.

H.

The accessory dwelling must meet all applicable setbacks, lot coverage and building height requirements.

I.

The accessory dwelling must be connected to utilities (except telephone and television).

J.

An accessory dwelling permit is required prior to the issuance or application for the conditional use permit, and both of such permits are required prior to the issuance of a building permit for the placement of the accessory dwelling.

K.

Any accessory dwelling unit lawfully existing prior to the adoption of the ordinance codified in this title are considered legal nonconforming uses.

L.

An accessory dwelling unit may not be rented, nor may the rooms therein be rented, nor may the accessory dwelling unit be used for business purposes.

(Ord. 7-2005 § 33.6.0, 2005)

(Ord. No. 4-2011, § 33.6.0, 8-3-2011)

A.

Adult entertainment facilities are a special use/conditional use within the general industrial district (I-2) only.

B.

No adult entertainment facility shall operate, and the same are prohibited from operation within one thousand three hundred twenty (1,320) feet from the nearest property line of the following:

1.

Any residential zoning area;

2.

Any public or private primary or secondary school;

3.

Any church, synagogue, temple, mosque or other place of worship;

4.

Any library, public playground or park;

5.

Any public or private preschool or nursery school;

6.

Any commercial day-care facility.

C.

No adult entertainment facility shall operate within seven hundred fifty (750) feet from the nearest property line of any other adult entertainment facility.

(Ord. 7-2005 § 33.7.0, 2005)

A.

"Bed and breakfast facility" means any facility within a single-family dwelling unit in which travelers are lodged (maximum of five bedrooms) for two weeks or less and morning meals are provided, and for which compensation of any kind is paid. For the purposes of this definition, a bed and breakfast facility is not a hotel, inn, motel, lodging or rooming house, or restaurant.

B.

A bed and breakfast facility is permitted as a special/conditional use in all zoning districts which permits single-family dwellings.

C.

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

D.

Banquets, parties, weddings, or meetings for guests or other non-family members are prohibited unless these type of activities are specifically stated in an approved special/conditional use permit.

E.

Bed and breakfast facility shall comply with all applicable health (including Department of Health and Social Service review), fire safety and building codes.

F.

One sign not to exceed thirty-two (32) square feet in area shall be allowed. Lighted signs may be permitted with external direct lighting.

G.

Driveways accessing a facility shall be approved by the appropriate fire district and shall have a minimum easement width of thirty (30) feet with a twenty (20) foot fire apparatus road and be constructed at an acceptable grade.

H.

One off-street parking space shall be provided for each room available for patrons in addition to the off-street parking requirements for the underlying zoning district.

I.

Outdoor activity shall be limited to the hours of seven a.m. to ten p.m.

J.

A bed and breakfast facility is required to have an approved and current Franklin County business registration.

(Ord. 7-2005 § 33.8.0, 2005)

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:

A.

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

B.

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.

C.

The structure will conform to other applicable codes and regulations for residential structures.

D.

A special permit granted for a caretaker's residence may be reviewed annually upon written request of owners of property within three hundred (300) feet of such residence or upon written request of the planning director.

E.

A special permit granted for a caretaker's residence shall include a timeline for future planning commission and board of county commissioners review of the permit (separate from subsection D of this section). This involves the applicant applying for a new special permit for the structure.

(Ord. 7-2005 § 33.9.0, 2005)

A.

Communication towers are permitted in all zoning districts for noncommercial purposes provided:

1.

Such structures and appurtenances shall not be located in the required front yard or in front of the front line of the dwelling or principal building.

2.

Such structures shall not exceed a height of ten (10) feet within a required side or rear yard.

3.

Such structures shall not exceed a height of eighty (80) feet within the yard area between the rear yard setback and the rear of the building.

4.

Not more than one such structure per lot or parcel shall exceed a height of thirty (30) feet.

B.

Wireless communication facilities (WCFs) are permitted under the following conditions and guidelines:

1.

Applicability. The requirements of this section apply to all wireless communication facilities, except as follows:

a.

Pre-existing WCFs. WCFs for which a permit has been issued prior to the effective date of the ordinance codified in this chapter shall not be required to meet the requirements of this section.

b.

Exclusion for Amateur Radio Facilities. This section shall not govern the installation of any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.

2.

Wireless Communication Facilities—Uses.

a.

Permitted Use. WCFs shall be an allowed/permitted use in all industrial or C-3 zoning districts, provided the tower location is five hundred (500) feet or more from a residential district. Any location closer than five hundred (500) feet requires a conditional use permit/special permit in accordance with Chapter 17.82 of this title.

b.

Conditional Use. The following WCF applications may be permitted by a conditional use/special permit in all zoning districts:

i.

The WCF is attached to or located on an existing or proposed building, structure or tower that is higher than thirty-five (35) feet (a conditional use permit may be waived per co-location, subsection (B)(2)(c)(ii) of this section;

ii.

The WCF is located on or within a publicly owned facility such as a water reservoir, fire station, police station, school, county/city or port facility;

iii.

Subsections (B)(2)(b)(i) and (ii) of this section may be waived in the agricultural production zoning district.

c.

Co-location.

i.

Co-location Encouraged. In order to minimize facility proliferation, WCFs shall be required, to the greatest extent practicable, to be co-located. Co-location will be a condition of any land use permit or other development approval unless an applicant submits a demonstration that supports, to the satisfaction of the planning department, the conclusion that sharing space on an existing facility or a facility that has been approved/pending construction is not feasible or possible based on one or more of the following factors:

(A)

Available space on existing (or approved/pending construction) facilities;

(B)

The facility owner's ability to lease space;

(C)

The facility's structural capacity;

(D)

Radio frequency interference;

(E)

Geographic service area requirements;

(F)

Mechanical or electrical incompatibilities;

(G)

The comparative costs of co-location and new construction;

(H)

Any FCC limitation on facility or structural support sharing.

ii.

Co-location in Nonresidential Zones—Waiver of Conditional/Special Permit Requirements. Co-location proposals may be reviewed administratively by the planning department in nonresidential zones provided:

(A)

The co-located WCF is attached to an existing structure (such as a building, sign, light pole, water tower, or other freestanding nonresidential structure) or tower, so long as the attachment does not increase the height of such structure or tower. Any increase in height will require the approval of a conditional/special permit.

(B)

The co-located WCF is allowed only one equipment structure (see subsection (E)(4) of this section), any increase in the number of structures will require the approval of a conditional/special use permit.

(C)

Co-location in Nonresidential Zones—Administrative Review.

(1)

The applicant must submit detailed plans to the planning department for a determination as to whether the conditional use permit process and public hearings may be waived.

(2)

Co-locations are required to comply with any other permit, license, lease, or franchise requirement including the issuance of a Franklin County building permit and business license.

C.

Application Requirements. The following application requirements apply to permitted and conditional/special use WCF proposals. For conditional/special use permit applications, the requirements stated in Chapter 17.80 of this title also apply. At a minimum, the application requirements shall include the following:

1.

Land development application form provided by the planning department (including a statement from the applicant which explains the WCF's specific use).

2.

Franklin County business license application form provided by the planning department.

3.

Any SEPA documents (SEPA checklist), as applicable.

4.

Site Plan. A scaled site plan showing the location, point of reference, type, height and horizontal location (coordinates) of the proposed support structures and antennas, existing buildings, adjacent roadway rights-of-way, parking areas if applicable, proposed means of access, setbacks from property lines, the approximate distance between the proposed support structures and the property lines, and method of fencing.

5.

Landscaping Plan. A landscaping plan shall be prepared indicating the specific placement of the WCF on the site. Trees and other significant site features, the type and location of plant materials used to screen the facility and the proposed color(s) of the facility shall also be indicated.

6.

Service Area Map. A current map showing the location of the proposed support structure, the locations and service areas of other WCFs operated by the applicant and those proposed by the applicant that are close enough to impact service within the county.

7.

Co-location demonstration pursuant to subsection (B)(2)(c)(i) of this section including a statement that the applicant has made a diligent attempt to mount the facilities on an existing (or approved/pending construction) support structure or tower that is within a one mile (within an urban growth area boundary) or five-mile radius (outside an urban growth area boundary) of the chosen site. For non co-location applications within the above described radius, the county may hire/contract with a neutral party (cost of this hire is the responsibility of the applicant) to determine the applicants' co-location feasibility on existing (or approved/pending construction) towers/facilities.

8.

Co-location Statements. A statement by the applicant as to whether construction of the support structure will accommodate co-location of additional antenna(s) for future users. If so, a signed statement shall be included indicating that: (i) the applicant and landowner agree they will diligently negotiate in good faith to facilitate co-location of additional WCFs by other providers on the applicant's structure or within the same site location; and (ii) the applicant and/or landowner agree to remove the facility within ninety (90) days after abandonment.

9.

Compliance Letter. A letter signed by the applicant stating the support structure and antenna will comply with all applicable federal, state and local laws and regulations, and this section.

10.

Interference Certification. Certification that the antenna usage will not interfere with other adjacent or neighboring transmission or reception functions of other communications facilities.

11.

Licenses. Copies of any FCC licenses required under FCC regulations for the provision of service within the county.

D.

Siting Requirements. WCF sites are subject to the following siting requirements:

1.

An applicant proposing to site a WCF shall demonstrate by a propagation map that the WCF must be located at the site to satisfy its function in the applicant's grid system.

2.

Further, the applicant must demonstrate by a propagation map that the height requested is the minimum height necessary to fulfill the site's function within the applicant's grid system. An analysis by a professional engineer documenting these demonstrations shall accompany the propagation maps.

3.

WCFs shall be located and designed to minimize adverse impacts on residential properties. WCFs shall be placed in locations where the existing topography, vegetation, buildings or other structures provide the greatest amount of screening.

4.

WCFs shall be located to minimize adverse impacts on existing airports/airstrips (private and public) and the associated impacts on the agricultural aerial flight patterns (for agricultural spraying) in an area. A WCF shall not be located any closer than one mile from an existing and established private airport/airstrip.

E.

Design Standards. WCFs and WCF sites are subject to the following standards:

1.

The entire facility shall be aesthetically and architecturally compatible with its environment.

2.

New facilities shall be designed to accommodate co-location which shall consist of a minimum three available spaces per tower. New WCFs/towers are also subject to providing, at a minimum, one co-location agreement (with a service provider) to the planning department prior to obtaining a building permit. This shall be a condition of approval of all special/conditional use permits.

3.

Lights, Signals and Signs. Signals, lights, or signs may be required on WCFs by the FCC, FAA or the governing body.

4.

Equipment structures. A WCF shall be limited to one of the following options:

a.

Two equipment structures are allowed per WCF. The maximum floor area allowed for each structure is three hundred (300) square feet. The maximum structure height is fifteen (15) feet.

b.

WCF's may have one building with a maximum size of seven hundred twenty (720) square feet if the building is constructed in a fashion to accommodate a minimum of three service providers. The maximum structure height is fifteen (15) feet.

5.

Fencing. A fence shall be provided around each WCF (including equipment shelter) that is not less than six feet in height from the finished grade. Access to the tower shall be through a locked gate.

6.

All towers must meet or exceed current standards and regulations of the FAA and FCC. All applications for building permits must be accompanied by verification of approval by the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA) and any other state or federal requirements for tower design and location.

7.

All tower construction plans shall be designed and stamped by a licensed professional engineer.

8.

Tower and Antenna Height. In addition to the siting requirements in subsection D of this section, the following height requirements apply:

a.

Industrial Zones. The maximum height for a WCF shall be one hundred forty (140) feet.

b.

C-3 General Commercial Zone. The maximum height for a WCF shall be one hundred twenty (120) feet.

c.

Other Commercial Zones. The maximum height for a WCF shall be one hundred (100) feet.

d.

Residential Zones. The maximum height for a WCF shall be sixty (60) feet.

e.

Agricultural Zones. The maximum height for a WCF shall be determined by the conditional/special use process.

F.

Non-use, Abandonment and Removal of WCFs. Any WCF that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such a WCF shall have it removed within ninety (90) days from the date of notice from the governing authority that the WCF is abandoned. If such WCF is not removed within ninety (90) days, the governing authority may remove such WCF at the owner's sole expense. The permit shall be reviewed one year after the date of issuance to make sure the permitted use is still the actual use of the land (i.e., to make sure the WCF is still an active tower). If there are two or more users of a single WCF, then this provision shall not become effective until all users cease using the WCF.

G.

Nonconforming WCFs. WCFs in existence on the date of the adoption of the ordinance codified in this title that do not comply with the requirements of this section (nonconforming WCFs) may:

1.

Continue in use for the purpose now used, but may not be expanded without complying with this section, except as further provided in this subsection.

2.

Add additional antennas (belonging to the same carrier or other carriers) subject to policies discussed in this section.

3.

Be repaired and restored to their former use, location and physical dimensions if damaged or destroyed due to any reason or cause, subject to obtaining a building permit therefor, but without otherwise complying with section.

4.

Be replaced, repaired, rebuilt and/or expanded in order to improve the structural integrity of the WCF support structure, to allow the facility to accommodate co-located antennas or facilities, or to upgrade the facilities to current engineering, technological or communication standards, without having to conform to the provisions of this section, so long as such facilities are not increased in height or setbacks are not decreased.

(Ord. 8-2006 § 4, 2006; Ord. 7-2005 § 33.10.0, 2005)

Compost boxes or piles are permitted in rear yards only as accessory uses in any residential zoning district provided, they are maintained in such a manner so as not to be a nuisance is located at least five feet from any adjoining property.

(Ord. 7-2005 § 33.11.0, 2005)

A.

No person, firm, or corporation shall use any parcel(s), lot(s), or tract(s) of land for disposal of dangerous or extremely hazardous waste (chemical) as defined by Chapter 173-303 of the Washington Administrative Code.

B.

Any operation involving radioactive material greater than one curie in a sealed form, or any radioactive material in a non-sealed form, but excluding any place of medical practice; except upon a conditional use permit granted by the board of commissioners. In developing a recommendation, the planning commission, shall, in addition to the requirements of Chapter 17.82 of this title, also consider the location of the proposed use, the zoning regulations, the threat to the public health, safety or welfare, the effect of surrounding property values and development, reclamation of property, and the suitability of the property for the use proposed.

C.

Uses or activities that process or dispose of medical wastes as defined by Chapter 173-303 of the Washington Administrative Code are required to obtain a special permit.

(Ord. 7-2005 § 33.12.0, 2005)

Consistent with Chapter 41, Section 41.2.0(19), mobile structures, including mobile offices, require the approval of a conditional use permit. The exception to this standard is for mobile offices within the AP-20, AP-40, and I-2 Zoning Districts. A mobile office is a permitted use in these zoning districts, subject to building permit review and approval. Additionally, within the AP-20 and AP-40 Zoning Districts, the property for which a mobile office is to be placed, must be of a size which constitutes a "farm", as defined in Chapter 3, Section 3.40.0, Farm.

(Ord. No. 4-2011, § 33.13.0, 8-3-2011)

Editor's note— Ord. No. 4-2011, § 33.13.0, adopted Aug. 3, 2011, set out provisions that renumbered §§ 17.66.130—17.66.260 as §§ 17.66.140—17.66.270, as set out below.

A.

Mineral Extraction. Mineral extraction, quarrying, rock crushing or related activities such as a batch plant or a premix plant may be permitted in any zone, on approval of a special permit and as provided in this chapter, the excavation and sale of sand and gravel, clay, shale, or other natural mineral deposits (except topsoil) for the quarrying of any kind of rock formation shall be subject to the following conditions:

1.

In case of an open excavation or quarry, there shall be a substantial fence with suitable gates completely enclosing the portion of the property in which the excavation is located and such fence shall be located at all points forty (40) feet or more from the edge of the excavation or quarry.

2.

Whenever production in any area used as a gravel pit, sand pit, clay pit, or quarry shall have been completed, then all plants, buildings, structures and equipment shall be entirely removed from such property and stockpiles shall be removed or backfilled into the pit within one year after such completion. When production shall have been completed, then the owner shall take such measures to rehabilitate the area as deemed reasonable by the engineer and/or as required in the special permit.

B.

Agricultural Uses.

1.

All existing agricultural uses (limited to existing acreage) occurring within any zoning district in the urban growth areas where not expressly permitted by this code, shall be deemed a lawfully established nonconforming agricultural use.

2.

The production of alfalfa or pasture grasses on acreage of any size shall be considered permitted uses within all zoning districts.

C.

Stripping of Topsoil. No person, firm or corporation shall strip, excavate or otherwise remove topsoil for sale or for use other than on the premises from which the same shall be taken, except in connection with the construction or alteration of a business on such premises, in which an excavation could be incidental thereto.

(Ord. 7-2005 § 33.13.0, 2005)

(Ord. No. 4-2011, 8-3-2011)

In all residential zoning districts, outdoor residential lighting shall be so arranged as to not constitute a nuisance to passing traffic or adjoining residential properties. Lighting should be directed or shielded in a manner to limit glare and encroachment on neighboring lands. In some instances, the height, type of light, watt or bulb may need to be evaluated and limited to assist in meeting the general intent of the residential area and of this chapter.

(Ord. 7-2005 § 33.14.0, 2005)

(Ord. No. 4-2011, 8-3-2011)

Where the business of selling merchandise is permitted under this title, such business shall be within an enclosed structure meeting the requirements for the particular type of occupancy. An enclosed structure shall mean a building or similar established structure, but shall not mean a vehicle or other device capable of readily being removed from the premises. The requirements of this section shall not apply to businesses selling merchandise in the following situations:

A.

Where there is specific authorization by this chapter that clearly permits the conducting of the business outside an enclosed structure, but only to the extent clearly permitted.

B.

Where there is specific authorization by this chapter that permits a business to be conducted and such business by its very nature must be conducted outside an enclosed structure, but only to the extent that it must be so conducted.

C.

Where the merchandise is of such size as to render it impractical to contain the merchandise within a building or is of a character that does not readily deteriorate when exposed to the elements.

D.

Where the merchandise is plants, shrubbery, or trees growing or cut.

E.

When the merchandise being sold is on the same premises, or adjoining (premises, or on a premises within two hundred (200) feet of the premises from which a business is conducted from within an enclosed building and the operator of the business conducted within an enclosed building has control of and is responsible for the use of the premises.

F.

Where the merchandise is fruits, vegetables, berries, butter, eggs, fish, milk, poultry, meats, or any farm products or edibles raised, caught, produced, or manufactured in any place in this state by the person selling the merchandise.

G.

Where the merchandise is food or liquid refreshment being sold for immediate consumption.

(Ord. 7-2005 § 33.15.0, 2005)

(Ord. No. 4-2011, 8-3-2011)

Pawn shop and secondhand dealers as defined are prohibited from operating in zones in the C-2 (rural service commercial), the C-1 (retail business district), the B-P (business park district) zone, "O" (office district) zone, C-R (regional commercial) zone and any residential zone. Pawn shops and secondhand dealers are permitted to operate in the C-3 (general business district) zone and the I-2 (general industrial district) zone; provided, however no new pawn shops and secondhand dealers' licenses shall be issued to an establishment located closer than one thousand (1,000) feet from an existing pawn shop or secondhand dealer. All business activities of pawn shop and secondhand dealers located in the C-3 (general business district) zone shall be conducted entirely within an enclosed structure.

(Ord. 7-2005 § 33.16.0, 2005)

(Ord. No. 4-2011, 8-3-2011)

The following site built and new factory assembled home design standards, with the exception of multifamily structures, shall apply in the R-1, R-2, R-3, RS-1, RS-12, RS-20, RS-40, R-T, RC-1 and RC-5 zoning districts. For property zoned RC-1 and RC-5, the following standards only apply to property outside designated rural settlement areas as identified in the county comprehensive plan.

A.

Single-family homes shall be either new site built construction or a newly placed factory assembled structures.

1.

Factory Assembled Structures. All factory assembled structures shall be brand new as determined by the manufacture date (within the present calendar year and/or within the previous calendar year provided such unit has not been previously owned and/or lived in).

2.

Relocation of Existing Site Built Dwellings. Existing site built dwellings may be relocated to a new location without meeting the provisions of this section, provided the dwelling must be relocated to a lot on which the dwelling meets all other requirements of the zoning district and the value of the dwelling being relocated must not be less than one hundred (100) percent of the average assessed value, as determined by the records of the county assessor, of improvements on surrounding lots within seven hundred fifty (750) feet in all directions.

B.

The main entry doors of all dwellings must face the street on which the dwelling is addressed. Limited deviations from this requirement may be approved by the planning director upon site plan and site design review.

C.

A minimum of thirty-two (32) square feet of glazing must be on the portion of the dwelling facing the street. Dwellings with less than thirty-two (32) square feet of glazing must contain covered porches with a minimum of a four-foot overhang.

D.

All entry porches/landing areas must be constructed as an integral part of the dwellings architecture.

E.

The main roof of all dwellings shall have a minimum five-twelfths pitch; except dwellings with less than a five-twelfths pitch legally established prior to the effective date of the ordinance codified in this title shall be permitted to be rebuilt, altered, enlarged or remodeled without the roof being changed to a five-twelfths pitch; and except for flat-pitched roofs (roofs with a pitch of one-half or less) and/or shed-style roofs with carrying pitches as part of an architecturally integrated design.

F.

All eave overhangs shall be a minimum of twelve (12) inches.

G.

Dwellings with four-twelfths pitch roofs may be permitted provided the main roof includes one or more secondary roofs intersecting the main roof at right angles. The secondary roof(s) must have separate, elevated eaves. This provision does not apply to false or artificial dormers.

H.

All foundations must be poured concrete or masonry block.

I.

All dwellings must be positively connected to foundations, meeting seismic and wind loading standards for Franklin County, Washington.

J.

No more than twelve (12) inches of foundation wall can be exposed on the walls facing a street.

K.

All siding must be of durable materials, such as brick, masonry, stucco, vinyl, exterior grade wood, exterior grade composites all with a life span of at least twenty (20) years under normal conditions.

L.

All siding must extend below the top of the foundation one and one-half to two inches. A bottom trim board does not qualify as siding and cannot be used to cover the top of the foundation.

M.

All trim materials around windows doors, corners and other areas of the dwelling, must be cedar or other approved materials that are not subject to deterioration.

N.

All electric meters must be securely attached to an exterior wall of the dwelling and not readily visible from the street upon which the dwelling is addressed.

O.

All additions and/or other architectural features must be designed and positively connected to the dwelling so as to be an integral part of the dwelling.

P.

Primary driveways shall terminate into an architecturally integrated garage. No parking pad is permitted in front of a dwelling unless such pad leads to a garage. (See also Section 17.66.040 (Accessory buildings) of this chapter for the utilization of breezeways to meet the requirements of this section regarding the architecturally integrated garage standards.)

Q.

At least one required off-street parking space must be located behind the front building setback line of the dwelling.

(Ord. 7-2005 § 33.17.0, 2005)

(Ord. No. 4-2011, 8-3-2011; Ord. No. 2-2018, 5-1-2018)

The following site built and factory assembled home design standards, with the exception of multifamily structures, shall apply in the RR-1, RS-2, RC-1 and RC-5. For property zoned RC-1 and RC-5, the following standards only apply to land inside designated rural settlement areas as identified in the county comprehensive plan.

A.

Any newly placed factory assembled structure shall be no older than five years from the current calendar year.

B.

The outside dimension shall not be less than twenty-four (24) feet and the home must provide one thousand (1,000) square feet of living space excluding basements and attached garages.

C.

The roofing materials must be approved composition shingles, coated metal or similar roofing material. The roof pitch shall not be less than three-twelfths.

D.

The exterior siding must consist of cottage lap, T1-11 or similar residential siding materials.

E.

Placement of homes must conform to all applicable yard requirements for the zoning district in which it is located.

F.

Title elimination must occur within one year of installation.

G.

All wheels, tongues and other transportation equipment must be removed from the unit when placed upon the lot.

(Ord. 7-2005 § 33.18.0, 2005)

(Ord. No. 4-2011, 8-3-2011)

Rural retail businesses associated with agricultural products grown or produced on-site subject to the following criteria:

A.

The business is considered an accessory use to the permitted use in the AP-20, AP-40, RR-1, RR-5, and/or RC-5 zoning districts; must be on the same parcel with a permitted use and is clearly incidental and secondary to the permitted uses; and must be operated by the owner or lessee of the land and structures.

B.

The business shall be designed to primarily serve a need for people who reside in the area of the proposed business and not for the traveling public.

C.

Access to the business must be from an existing, improved (hard surface) county arterial. Access permits must be obtained from the county public works department.

D.

Review and approval by the planning and building department including site plan review, building application, and business registration.

E.

Review and approval by the county fire marshal for fire code review.

F.

Review and approval by the county health department including food service, waste disposal and water service.

G.

Department of Social and Health Services (if applicable).

H.

One on-premise sign shall be allowed to advertise the business. Setbacks shall be as defined in the zoning ordinance, and the sign area shall be regulated by the sign ordinance for commercial uses.

I.

Businesses will be permitted with the intention of permitting uses which will not adversely affect the public health, safety and general welfare, and the uses allowed within the applicable zoning district. Additional review may be necessary for certain rural retail businesses as follows:

1.

A conditional/special use permit is required for rural retail businesses associated with agricultural products grown or produced on-site if that business also involves the sale of products, goods or commodities that are grown, produced, or packaged off-site.

2.

Businesses that outgrow their area, and which in the opinion of the planning department pose a threat to the purpose and intent of the applicable zoning district, pose a traffic hazard or violate these standards shall cause Franklin County to review (the approval of) the business and may cause such business to relocate to a more suitable area within established commercially zoned areas.

(Ord. 7-2005 § 33.19.0, 2005)

(Ord. No. 4-2011, 8-3-2011)

When a use is not specifically listed in the sections devoted to uses permitted or within Table 70-1 of this chapter, it shall be assumed that such uses are expressly prohibited unless a decision by the planning commission determines that such use is similar to and not more objectionable than the use specifically permitted. The decision shall be known as a "planning determination" and will be reviewed by the planning commission on their regular meeting date. Applications for a planning determination are to be completed on forms provided by the planning department and received by the planning department at least seven days prior to the regular planning commission meeting. No new use may be allowed until such time that the development regulations have been amended in accordance with this chapter.

(Ord. 7-2005 § 33.20.0, 2005)

(Ord. No. 4-2011, § 33.21.0, 8-3-2011)

Swimming pools and hot tubs may be constructed and placed as an accessory use for a residence provided that:

A.

A swimming pool may be constructed within any side or rear yard. Setbacks for swimming pools located in a designated rear or side yard include the following:

The edge of water line shall not be located within five feet of a designated front yard, five feet from any rear or side yard; and one-foot from any utility easement.

1.

A swimming pool may be constructed in a designated front yard area with the approval of conditional/special use permit. Setbacks for swimming pools, located in a designated front yard with the approval of a conditional/special use permit, include the following: The edge of water line shall not be located within twenty-five (25) feet of a front property line, five feet from any rear or side yard, and one-foot from any utility easement, unless otherwise approved in the special/conditional use permit process.

B.

Swimming pools shall be entirely enclosed by buildings, fences or walls not less than four (4) feet in height and with no openings that are greater in size than four inches. Such fences shall be equipped with self-latching gates or doors, the latching device being located not less than four feet above the ground. All fencing must be in place and approved by the building department before water is run into the pool. All lighting of pool areas shall be so hooded that the light does not shine toward abutting properties.

C.

Hot tubs shall include a pre-manufactured approved locking top. If an approved locking top is not provided, the unit shall comply with the swimming pool enclosure and fencing requirements in subsection B of this section. This standard shall not apply to hot tubs located within an enclosed building.

(Ord. 7-2005 § 33.21.0, 2005)

(Ord. No. 4-2011, § 33.21.0(1), 8-3-2011; Ord. No. 06-2023, § 1(Exh. A), 8-23-2023)

A.

Inside the Pasco urban growth area and the rural shoreline area (RC-1 only) the following swine/pig animal standards apply for each lot/parcel:

1.

Three swine/pigs for 4-H/FFA purposes only.

B.

Inside the Connell, Mesa, and Kahlotus urban growth areas and for land that is zoned AP-20, AP-40, RR-5, RR-1, RC-5 and RC-1 (outside rural shoreline areas), the following swine/pig animal standards apply for each lot/parcel:

1.

Lots that are two acres and less in size: three swine/pigs for any use.

2.

Lots that are between two acres and twenty (20) acres: five swine/pigs for any use.

3.

In the AP-20 and AP-40 zones with parcel sizes greater in size than twenty (20) acres, see Chapters 17.70 and 17.78 of this title for animal unit standards on a farm.

C.

Separation Standards. For subsections (A)(1), (B)(1) and (2) of this section, all swine shelter/barns and pen/corrals shall maintain a property line setback of twenty-five (25) feet.

D.

A special permit/conditional use permit may be requested for the number of swine and separation standards listed in subsections A through C of this section.

(Ord. 7-2005 § 33.22.0, 2005)

(Ord. No. 4-2011, 8-3-2011)

Tattoo parlors, as defined, are prohibited from operating in the C-1 (retail business district), the B-P (business park district) zone, the "O" (office district) zone, the C-R (regional commercial) zone, and any residential zone.

(Ord. 7-2005 § 33.23.0, 2005)

(Ord. No. 4-2011, 8-3-2011)

The temporary use of a mobile home/trailer (see Sections 17.06.270 and 17.06.640 of this title) may be allowed under the following cases, subject to securing a temporary mobile home/travel trailer permit from the planning department:

A.

During a family hardship condition, where the condition related to the aged, infirm, or to persons incapable of maintaining a separate residence, a trailer may be temporarily located and occupied as a second dwelling on a lot, subject to approval of the Benton-Franklin health district and county building department. Such temporary permit may be obtained from the Franklin County planning department after health department approval and shall expire after a six-month period.

B.

During periods of construction of a residence, a mobile home or trailer may be occupied to provide temporary living quarters during such construction. In most cases, a temporary trailer permit may be issued by the planning department for a six-month period subject to health department and building department approval.

C.

For farm family, or farm labor, a mobile home or trailer may be occupied to provide assistance for the day-to-day operations of the primary farm. In most cases, a temporary trailer permit may be issued by the planning department for a six-month period subject to health department and building department approval.

D.

The permit may be extended for an additional six-month period after the approval of a conditional use permit.

(Ord. 7-2005 § 33.24.0, 2005)

(Ord. No. 4-2011, 8-3-2011)

A.

Any building to be used as an auto body shop, as defined, shall have a spray paint room or spray paint booth, which complies with the requirements of the Uniform Fire Code and/or Uniform Building Code.

B.

Inoperable vehicles, as defined, are permitted within the agricultural production (A-P) zoning districts and rural residential, rural community, residential suburban, and residential zoning districts and on all nonconforming residential uses in other districts subject to the following conditions:

1.

Only one inoperable vehicle may be stored outside of a fully enclosed building and/or site-obscuring fence (screened or not visible from the street or other public or private property). A site-obscuring fence or screening includes a completely enclosed fence that is six feet in height. The vehicle shall be an accessory use to the dwelling unit.

a.

The vehicles stored in a fully enclosed building or behind a site-obscuring fence shall not constitute the storage of and/or collection of vehicles which meet the intent of a junk yard or nuisance. No more than two inoperable vehicles may be stored or parked behind a site-obscuring fence without the approval of a Franklin County conditional use permit.

2.

The inoperable vehicle stored outside shall be parked in a designated parking area or driveway and shall not be stored upon a public right-of-way or in the front yard area of the property, and shall not conflict with other residential requirements such as off-street parking and lot coverage.

3.

The trunk of the outside inoperable vehicle shall be removed or locked at all times it is unattended.

4.

All vehicle parts not properly installed upon a vehicle shall be stored inside a fully enclosed building except that parts may be stored within the outside inoperable vehicle.

C.

Vehicle Repair on Private Property on Residential Premises. Servicing, repairing, assembling, modifying, restoring, or otherwise working on any vehicle on any residential premises in any residential zoning district shall be subject to the following:

1.

Work shall be limited to the repair and maintenance of vehicles, equipment, or other conveyance (painting is not permitted) and is currently registered (by the state) to the occupant or a member of the occupant's family, which shall be limited to parents, grandparents, spouse, or children related by blood, marriage or adoption. This limitation prohibits auto repair on residential premises by any commercial entity.

2.

Such work shall be conducted on no more than one vehicle at any one time.

3.

Such work shall only be done on residential driveways (or designated parking area), within an enclosed building (such as a garage) or in an area which is screened from public view.

4.

Such work shall not be done in a public right-of-way.

5.

Such work shall be done only between the hours of six a.m. and ten p.m.

6.

Storage of parts, equipment, or other supplies needed for the repair of the vehicle on the premises must be kept within an enclosed structure.

7.

Upon completion of any work allowed by this section, the property shall be cleaned of all debris, oil, grease, gasoline, cloths, rags, and equipment or material used in the work, and shall be left in such a condition that no hazard to persons or property shall remain.

8.

Waste products shall be disposed of in an appropriate location and manner.

D.

The parking and/or storage of no more than one commercial vehicle (semi-tractor/trailer) exceeding fourteen thousand (14,000) GVW may be permitted within all residential zoning districts (including AP-20 and AP-40) provided the following:

1.

The minimum acreage of the lot, tract, or parcel of land that would allow for this use to occur would have to be 2.5 acres in size.

2.

The commercial vehicles shall not include the transporting of flammable, hazardous, or combustible materials and/or liquids. This activity is only allowed in the industrial zones and shall not be located in residential zones.

3.

The use will only allow for a vehicle that is operated and driven solely by the property owner(s) on which it is parked and/or stored.

4.

The vehicle may be part of an approved business operation located on the lot, parcel, and/or tract of land on which it is parked and/or stored.

5.

The Franklin County public works department shall approve a proper approach for means of ingress and egress from and to this site. This is required to insure that the public health, safety and welfare can be maintained.

6.

The Franklin County planning department shall review and approve a site plan showing that a parking area is provided. This area shall be maintained and/or constructed to allow this use to be site-obscuring from the public view. This area shall have a minimum setback of fifty (50) feet from any public roadway and/or street right-of-way.

7.

The use will be permitted with the intention of permitted uses, which (in the opinion of the approving body) will not adversely affect the public health, safety, and general welfare, and the uses allowed within the zoning district.

8.

If this permitted use causes a public nuisance, poses a traffic hazard and/or the property owner violates the standards and requirements listed, then Franklin County will review this permitted use and may cause and/or take whatever action it may deem necessary to correct, abate, revoke or suspend this use on the property involved.

(Ord. 7-2005 § 33.25.0, 2005)

(Ord. No. 4-2011, 8-3-2011)

The following standards must be met or exceeded in the urban growth areas:

A.

Outdoor Storage. Outdoor storage of any kind, except wine storage, is prohibited unless such storage is completely screened from public view by an opaque screening device. Screening visible from public rights-of-way and less intense zoning districts shall be constructed of brick, decorative concrete, natural stone, decorative masonry or cedar fencing material. Screening shall be constructed and maintained at a sufficient height to visually screen all stored materials.

B.

Utilitarian Areas. All areas of the property used for loading and unloading purposes, trash receptacles, transformers and utility purposes shall be visually screened as provided in subsection A of this section.

C.

Landscape and Buffering. In addition to the landscape and screening provisions, the planning commission may require additional landscape features to insure the proposed winery will be in harmony with and not impair the value of present and future development of adjacent lands. The spacing of shade trees in all buffer areas shall not be greater than thirty (30) linear feet. Buffer area trees shall be a caliper size of one and one-half inch at the planting.

D.

Exterior Lighting. Exterior lighting shall be directed on-site so as not to interfere with the comfort and repose of adjoining property owners.

E.

Building Design. The exterior of all structures shall be constructed of brick, natural stone, exposed aggregate, decorative concrete, stucco, cedar siding or lap siding as approved by the planning commission. Roofing materials may consist of composition shingles, standing rib or delta rib baked enamel metal roofs, or alternate as approved by the planning commission.

(Ord. 7-2005 § 33.26.0, 2005)

(Ord. No. 4-2011, 8-3-2011)

Table 70-1—Land Use by Zoning District

(Ord. 7-2005 Table 70-1, 2005)

(Ord. No. 4-2011, Table 70-1, 8-3-2011; Ord. No. 8-2013, 9-25-2013)