Cluster developments will be strictly managed and designed to conserve and preserve community-wide agricultural lands and encourage the agricultural economy through the following objectives:
A. 
Preserve land for long-term farming and minimize reductions in farm productivity; and
B. 
Generally site homes to minimize negative impacts to the protection of farmland; and
C. 
Minimize conflicts between working farms and nonfarm dwellings; and
D. 
Buffer the impacts of new lots from farms and farmland; and
E. 
Provide flexibility to land owners when dividing their property and configure new parcels to be less than the minimum normally required by zoning; and
F. 
Prevent the spread of wildfire and damage to property, structures and crops; and
G. 
Prevent the spread of noxious weeds; and
H. 
Create lots with safe access to public roads.
(Formerly 18.145.010; Ord. 2019-06 § 2 (Exh. D); Ord. 2020-02 § 2 (Exh. B))
A. 
The county requires compliance with this chapter for lawfully created parcels of record as of the date of approval of the ordinance codified in this chapter. "Parcel" is defined as a lot created by a subdivision, short plat or exempt segregation per Chapter 58.17 RCW. Assessor's parcels, created for taxation purposes only, are not lawfully created lots of record.
B. 
Cluster developments are permitted only in the agricultural 1 (A-1) zone subject to approval of an appropriate land division designed in compliance with the provisions of this chapter.
C. 
Land divisions on resource lands zoned A-1 or that are included in the areas identified as being either "primary significance" or "unique land," as shown on maps in the county's comprehensive plan, shall comply with the provisions of this chapter except as provided in subsection (D) of this section.
D. 
The creation of parcels that are 40 acres or larger within the A-1 zone are exempt from the requirements of subsection (C) of this section.
(Formerly 18.145.020; Ord. 2019-06 § 2 (Exh. D); Ord. 2020-02 § 2 (Exh. B))
A fee will be established and adopted by resolution by the Columbia County board of commissioners and will be maintained with the planning department fee schedule.
(Formerly 18.145.030; Ord. 2019-06 § 2 (Exh. D); Ord. 2020-02 § 2 (Exh. B))
Applications for a cluster development are processed in accordance with the following procedures:
A. 
For cluster development applications that consist of the creation of nine or fewer lots, the processing provisions as outlined within Chapter 17.10 CCC, Short Subdivision and Platting, shall be followed.
B. 
For cluster development applications that consist of the creation of 10 or more lots, the processing provisions as outlined within Chapter 17.05 CCC, Long Subdivision and Platting, shall be followed.
(Formerly 18.145.040; Ord. 2019-06 § 2 (Exh. D); Ord. 2020-02 § 2 (Exh. B))
Cluster developments shall be designed and approved in accordance with the following requirements:
A. 
Cluster developments will be allowed only at the density permitted by the assigned zoning.
B. 
The minimum land area needed to implement a cluster development is as follows:
1. 
A-1 zone: 80 acres.
C. 
Cluster developments do not have to comply with minimum lot size requirements specified by the assigned zoning.
D. 
All required infrastructure improvements to serve the development, such as potable water, wastewater disposal, and access to public roads shall occur concurrent with development.
E. 
Cluster development lot width shall be a minimum of 150 feet.
F. 
Cluster developments may occur in phases.
G. 
New residential parcels in the A-1 zone shall create contiguous lots, whereas new lots will not be created in more than one location within the parent parcel.
H. 
At least 70 percent of the overall development site shall be maintained and preserved for agricultural use to preserve long-term commercially significant land use through a recorded instrument approved by the director.
I. 
Within the A-1 zone, the maximum number of parcels smaller than the minimum parcel size is specified by the assigned zoning, and shall comply with the following limits:
1. 
Where there are existing domestic and irrigation water rights, no more than 12 smaller parcels shall be created;
2. 
Where there are existing irrigation water rights only, no more than 11 smaller parcels shall be created;
3. 
Where there are no existing water rights (domestic nor irrigation), no more than four smaller parcels shall be created.
J. 
Sufficient water to serve both domestic and residential irrigation needs must in fact be present and shall be required. With regard to provision of domestic water and consistent with the requirements regulating the number of smaller parcels allowed on an overall site, the following requirements shall be met:
1. 
Where there are sufficient existing domestic and irrigation water rights to serve the development, a community water system shall be implemented for the smaller parcels;
2. 
Where there are existing irrigation water rights only, or where there are no existing water rights (domestic nor irrigation), an exempt well(s) may be utilized to serve the smaller parcels with domestic water, provided all applicable regulations governing exempt wells are met, as demonstrated by approval from the Washington State Department of Ecology.
K. 
Wellhead protection zones shall be overlapped to the extent possible.
L. 
Cluster developments shall comply with all applicable county and state health requirements for water and sewage disposal.
M. 
A farm center parcel containing farm-related buildings can be up to 10 acres in size, provided the new property line follows the perimeter of the existing farm center footprint comprised of such structures as a home, outbuildings, equipment storage areas, barns and corrals.
1. 
Where an application indicates the creation of a farm center parcel that exceeds the 10-acre maximum, the provisions within CCC § 18.05.050 and 18.05.055 shall be utilized, depending on the variance requested within the application.
N. 
No parcel in the cluster development, except a farm center parcel with existing building or a resource parcel, shall exceed five acres in area.
O. 
The buffer space shall be a minimum of 50 feet from the adjacent resource parcel to any dwelling in the cluster development. All required buffers between the resource parcel and the smaller development parcels shall be provided within the new lots, and shall not encumber the resource parcel.
P. 
Setbacks. For all nonfarm-related development within agricultural resource areas or on lands adjacent to or abutting agricultural resource lands, all structures shall maintain a minimum setback of 50 feet from land designated for agricultural purposes.
Q. 
Public access to development sites shall meet applicable county road standards.
R. 
Development sites shall meet applicable county development standards.
S. 
A right-to-farm statement shall be on the face of the recorded land division plat.
T. 
Owners of cluster lots created under the provisions of this chapter shall prevent the spread of noxious weeds. All development approvals shall include this requirement. A covenant enforceable by an adjacent property owner shall be on the face of the recorded land division plat (see Washington State Noxious Weed List).
U. 
Prior to issuance of a permit for lots in a cluster development, the property owner(s) shall acknowledge that the site is in or near agricultural lands through a statement on the face of the recorded land division plat that is binding upon future owners, heirs and successors.
V. 
A land division approved under the authority of this chapter shall include a statement on the face of the recorded land division plat stating that the acreage shall not be used more than once for determining the allowable number of units. The applicant shall state on the face of the recorded land division plat the specific acreage used for determining the proposed new lots.
W. 
Cluster lot density can be transferred from contiguous parcels in the same ownership where density is transferred between lands in the same zoning district. Legal parcels separated by roads (all types) and/or railroads are considered to be contiguous.
(Formerly 18.145.050; Ord. 2019-06 § 2 (Exh. D); Ord. 2020-02 § 2 (Exh. B))
Property owners of a parcel that is larger than 40 acres and smaller than 80 acres shall be permitted a one-time land division, consistent with all of the following provisions:
A. 
This land division process is limited to the A-1 zone; and
B. 
Lots created via the one-time land division shall be not less than two acres and not more than five acres, unless used to divide off an existing farmstead, in which case the new lot can be up to 10 acres, provided the new property line follows the existing farm center footprint comprised of such structures as a home, outbuildings, equipment storage areas, barns and corrals.
1. 
Where an application indicates the creation of a farm center parcel that exceeds the 10-acre maximum, the provisions within CCC § 18.05.050 and 18.05.055 shall be utilized, depending on the variance requested within the application; and
C. 
Sufficient surface and/or ground water rights shall be available to the new smaller parcels to permit for domestic use, reasonable irrigation, such as yard, garden, and caring for animals, fire suppression, and to avoid a portion of the smaller lots becoming a nuisance with regard to such concerns as dust and weed control; and
D. 
A one-time land division counts against the maximum number of dwellings in a future clustering proposal.
(Formerly 18.145.060; Ord. 2019-06 § 2 (Exh. D); Ord. 2020-02 § 2 (Exh. B))