Provisions of this chapter are of general application to several districts unless otherwise noted. It is the intent of this title to provide standards sufficient to afford continuing protection to property and yet be adaptable enough to avoid unnecessary hardship or interference with growth and natural change. Accordingly supplementary provisions are also necessary to govern specific deviations from general rules. Those special deviations are to be contrasted with the grant of a variance which requires discretionary action by the board of adjustment where standards cannot be completely defined.

(Res. 13678 (Vol. 29, page 346)(part): Ord. 62678 (Vol. 29, page 404) § 3.1, 1978).

A.

In order to provide for effective farm operations, the established farm dwelling shall be exempted from lot and density provisions. The established farm dwelling shall be the original dwelling or the presently occupied dwelling on the farm.

B.

An additional dwelling may be placed on a farm for the purpose of housing family members or employees actively engaged in operating the farm. A determination will be made by the administrator upon receipt and review of an application that the dwelling will be occupied by a bona fide employee or family member whose principal income is, or will be (upon occupation of the dwelling), derived from the farm. If the farm operation ceases, the dwellings may be sold or leased as long as an acceptable size lot be included. Said lot size shall be no larger than twenty thousand square feet unless additional area is needed for inclusion of a septic tank and drainfield.

C.

A maximum number of three additional lots may be created on a bona fide farm operation for purposes of housing family members (father, mother, son, daughter, grandson, granddaughter) engaged in the operation of the farm upon approval of an application for same by the administrator. Lots so created shall be limited to residential use and shall be no larger in size than twenty thousand square feet unless additional area is needed for installation of septic tank and drainfield as determined by the jurisdictional health department and administrator. Lots so created shall not be sold outside the family for a period of five years. Such lots shall be created in accordance with Klickitat County short plat regulations. Restrictions contained herein shall be stated on the final short plat filed for record.

(Ord. 52184 (Vol. 38, page 343), 1984: Res. 13678 (Vol. 29, page 346)(part): Ord. 62678 (Vol. 29, page 404) § 3.2:1, 1978).

No property may be so reduced in area that it would be in violation of minimum lot size, yard provision, lot coverage, off-street parking or any other requirements of the district or use. Lots may be so reduced in area for purposes of disposing a second dwelling which existed prior to the adoption of the zoning requirements which prohibited such reduction, provided the lots would not be in violation of other requirements of the district.

(Ord. 0-080982-1 (Vol. 36, page 20)(part), 1982: Res. 13678 (Vol. 29, page 346)(part): Ord. 62678 (Vol. 29, page 404) § 3.3, 1978).

Buildings or structures may be erected, moved, or structurally altered on property which is less than the minimum lot area or dimensions for the district in which it is located provided such property existed by title in its present form and size before the date of adoption of the ordinance codified in this title. In such cases documentary proof of the fact and date of acquisition shall be submitted by the person claiming benefits from this clause. This section shall not waive other minimum requirements of this title.

(Res. 13678 (Vol. 29, page 346)(part): Ord. 62678 (Vol. 29, page 404) § 3.4, 1978).

The lot size minimums established by this title shall not apply to lots created solely for the purpose of financing the sale of a lot. Such lots shall be required to be sub-divided in the manner provided in any ordinance adopted by the county controlling subdivision and short platting. Lots created for the purpose of financing shall carry the following conditions:

A.

That the lots shall not be sold separately;

B.

That only one single-family dwelling will be permitted on the lots created, considered in their aggregate;

C.

That the smallest of the lots created shall be not less than one acre;

D.

That the lots will be recombined by the county assessor on completion of the financing arrangements.

(Res. 13678 (Vol. 29, page 346)(part): Ord. 62678 (Vol. 29, page 405) § 3.5(part), 1978).

In this title, the term setback is not used, as such a term represents a distance that is established in like manner as that for yard. Yard requirements are noted under the density provisions section for each district. Yard requirements shall be measured from property lines and the edge of rights-of-way.

(Res. 13678 (Vol. 29, page 346)(part): Ord. 62678 (Vol. 29, page 405) § 3.5(part), 1978).

On property meeting the provisions of Section 19.56.040, setback requirements may be reduced by the administrator but in no case shall setbacks be less than those of the rural center district (Section 19.22.040) without a variance from the board of adjustment.

(Res. 13678 (Vol. 29, page 346)(part): Ord. 62678 (Vol. 29, page 405) § 3.5:1. 1978).

Editor's note— Ord. No. O072214-1, § 2.1(Att. A), adopted July 22, 2014, repealed § 19.54.080, which pertained to temporary use of mobile homes. See Code Comparative Table and Disposition List for a detailed history of derivation.

A.

Type and Use. Home occupations when permitted are those which customarily are carried on within a dwelling by a member or members of family. Such activity shall be secondary to the use of the dwelling for living purposes. Not more than twenty-five percent of the floor space of the main floor which may be in the basement or on the first floor only of such dwelling may be used, and under no circumstances more than three hundred square feet.

B.

Disturbing Influences. No home occupation shall be permitted which is objectionable due to noise, dust, smoke, odor, glare, traffic attraction or other disturbing influences greater than that of other residential properties in the vicinity.

C.

Exterior Modification. There shall be no exterior modification or adornment of the structure which would suggest a use other than residential.

D.

Trade Limitation. In all residential districts no services shall be rendered on the premises which require the presence of persons in connection with the home occupation in excess of an average of four persons per day.

E.

The board of adjustment may hear requests for waiver, exemption, reduction or modification of these requirements if the proposed use and modification are determined by the board to be in keeping with the purpose and intent of the zone district involved.

(Res. 13678 (Vol. 29, page 346)(part): Ord. 62678 (Vol. 29, page 406) § 3.7, 1978).

Shorelines of the county covered by the adopted Shoreline Management Master Plan and Ordinance are subject to the provisions of that plan and ordinance. In case of conflicting regulation between that plan and ordinance, and the ordinance codified in this title, the more restrictive shall apply.

(Res. 13678 (Vol. 29, page 346)(part): Ord. 62678 (Vol. 29, page 406) § 3.8, 1978).

A.

[Defined.] An accessory dwelling unit (ADU) is a detached habitable living unit that is subordinate to an existing or proposed principal dwelling unit; or is a habitable living unit to be attached to an existing or proposed principal dwelling unit. The establishment of an ADU may be authorized through an administrative conditional use, if the criteria in this chapter are met, and the ADU is located within all zoning districts of the county where single-family dwelling is a principal permitted outright use. The proposed ADU shall comply with all applicable codes including, but not limited, to building code and health code requirements.

B.

[Purpose.] The purpose of the ADU is to:

1.

Expand opportunities for affordable housing.

2.

Make housing units available to moderate-income people who might otherwise have difficulty finding homes within the county.

3.

Accommodate the needs of people at all stages in the life cycle (e.g. allow first-time homeowners opportunity to off-set a high monthly mortgage commitment; allow homeowners income; allow elderly to have health-care provider living on the premises; allow the owner of the principal dwelling unit to move into the ADU after children have grown and the principal dwelling is too large to accommodate their needs thus allowing the owner to continue to live on the parcel and rent out the principal unit).

4.

Maintain property values, community characteristics and a single-family residential appearance by ensuring that ADUs remain subordinate to the principal unit.

C.

[Standards and criteria.] ADUs shall meet the following standards and criteria:

1.

The design and size of the ADU shall conform to all applicable standards in the building, plumbing, electrical, mechanical, fire, health, and any other applicable codes.

2.

Certification must be provided by the county health department or the responsible water purveyor that the water supply is adequate to serve both the principal unit and ADU. No additional well shall be drilled to accommodate the ADU. The ADU is required to utilize the existing well as the source of potable water supply. To ensure full compliance of the limitations of groundwater exemptions pursuant to the state requirements, landowners are strongly encouraged to meter the well and document the water usage on a monthly basis. The parcel must exceed the minimum usable land area requirement for an on-site sewage system; and the primary and reserve sewage disposal systems for the principal unit and ADU can be accommodated within the lot lines of the parcel.

3.

The ADU may be attached to an existing or proposed principal unit; or may be detached from an existing or proposed principal unit. If detached, the ADU shall be located completely within two hundred feet of the primary residence.

4.

Only one ADU may be established per principal unit in single-family zones; and only if there are no other existing dwellings on the parcel.

5.

The parcel owner, which shall include title holders and contract purchasers, must occupy either the principal unit or the ADU as their permanent residence for at least six months out of each year. The parcel owner must agree to not divide the parcel so as to result in the ADU and principal dwelling unit being located on separate parcels.

6.

An ADU must (a) not have more than two bedrooms; and (b) not be more than nine hundred twenty-four square feet in floor area and (c) a ceiling height of not less than seven feet measured from the finish floor to the lowest projection. Floor areas include but not limited to mezzanines/lofts, hallways, bathrooms, toilet rooms, laundry rooms or similar areas within a dwelling unit. The square footage requirement generally does not include covered porches, decks, carports or garages.

7.

The ADU shall be designed and placed so that, to the degree reasonably feasible, the appearance of the building and lot remains that of a single-family residence.

8.

One off-street parking space, in addition to that which is required by the ordinance for the underlying zone, shall be provided or as many spaces deemed necessary by the planning department to accommodate the actual number of vehicles used by the occupants of both the principal dwelling and the ADU. Parking spaces include garages, carports, or off-street areas reserved for parking of vehicles. The driveway of the existing or proposed principal dwelling shall be used as a driveway to serve the ADU (i.e., a new driveway or road approach to a public or private access road is not permitted).

9.

A condition of approval of the ADU will be that the parcel owner must record with the auditor a restrictive covenant (to be reviewed and approved by the planning department) that attaches to the title of the parcel and binds all future owners and occupants of the parcel to the preceding terms.

10.

Accessory dwelling units meeting the above criteria are considered part of the principal single family dwelling for zoning density purposes, and therefore are not considered an additional dwelling unit for the purposes of measuring compliance with zoning density restrictions. Any other structures containing two distinct sets of living quarters and two kitchens are considered duplexes. Duplexes are considered two dwelling units for purposes of measuring the number and size of parcels.

11.

Neither the principal unit nor the ADU shall be used as short-term vacation rentals. A short-term vacation rental is a rental which is less than sixty consecutive days in a single twelve-month period.

D.

Pre-existing ADUs, Permitted Hardship Manufactured Homes, Farm Laborers Residences and Duplexes.

1.

ADUs that may have been established without benefit of permits prior to the date of enactment of these ADU provisions may request certification as a legal ADU by applying to the planning department consistent with subsection (E) and demonstrating substantial compliance with this chapter.

2.

Permitted hardship manufactured homes may request certification as a legal ADU by applying to the planning department consistent with section subsection (E). A one-time exception to the maximum floor area may be granted administratively provided any further alteration, expansion and/or replacement of the ADU is in full compliance with the size limitation pursuant to this chapter.

3.

For zoning districts where up to three dwelling units for farm laborers residences are permitted as an accessory use, the landowner may elect to establish one ADU and up to two farm laborers residences. The maximum number of allowable dwellings shall remain as four. Note that both the ADU and the farm laborers residences are considered as an accessory use.

4.

For zoning districts where duplexes are listed as principal uses permitted outright, instead of a duplex, the landowner may elect to construct one primary dwelling and one ADU. An ADU in addition to a duplex is not authorized.

E.

Administrative Conditional Use Process. Following submittal of a complete application on forms approved by the planning department, written notice shall be mailed to adjacent landowners and other interested parties, whom shall have fourteen days to comment on the application.

The planning department may grant an administrative conditional use if the proposal demonstrates it will not be substantially detrimental to the public interest and is consistent and compatible in design, character and appearance with the existing or intended character and quality of development in the vicinity and with the physical characteristics of the subject property. The planning department may impose conditions to address consistency with this chapter, and other code requirements and applicable laws. The applicant shall be in full compliance with the conditions as imposed to ensure ADU consistency with this chapter, and other applicable legal requirements. If there is an inconsistency among legal requirements, the stricter provisions shall govern, as long as consistency with state laws is achieved. The applicant shall be responsible for obtaining all other applicable permits before commencing construction. If the ADU is not constructed and a certificate of occupancy for the ADU issued within two years, the administrative conditional use shall lapse.

(Ord. No. O091812(Attachment A), 9-18-12; Ord. No. O072214-1, § 2.1(Att. A), 7-22-14; Ord. No. O071718-2, § 2(Exh. A), 7-17-18)

New marijuana production, processing and retail sales and expansion of existing marijuana production, processing and retail sales are prohibited.

(Ord. No. O063015, § 2(Att. A), 6-30-15)