35.15.350 Regulations – General.
(1) New single-family residential use and development on existing lots of record shall be permitted in all designations except the Aquatic designation through a statement of exemption or conditional use permit consistent with Table 2-1.
(2) New multifamily residential use and development may be permitted as a conditional use in the Marine Waterfront and Shoreline Residential – Intensive designations when consistent with the Program. New multifamily residential use and development shall be prohibited in the Natural, Resource Conservancy, and Shoreline Residential – Conservancy designations consistent with Table 2-1.
(3) To avoid adverse impacts on archaeological, historical and cultural resources, residential use and development shall comply with the applicable provisions of Article V of Chapter 35.25 CCC.
(4) To avoid adverse impacts on shoreline ecological functions and processes and protect residential properties from hazards, residential use and development shall comply with:
(a) The shoreline buffer and vegetation requirements of Chapter 35.30 CCC; and
(b) The critical area requirements of Chapter 35.35 CCC, including critical area buffer requirements prescribed therein; and
(c) The mitigation and no net loss requirements of Chapter 35.40 CCC; and
(d) The clearing, grading and filling requirements of Article II of Chapter 35.25 CCC; and
(e) The water quality requirements of Article IV of Chapter 35.25 CCC.
(5) Residential dwelling units, including accessory dwelling units, shall not be constructed in, over, or on the water or below the ordinary high water mark of any shoreline of the State.
(6) In-water, over-water or floating residences or accessory dwelling units are prohibited.
(7) New residential development on low bank marine shorelines that are designated Shoreline Residential – Intensive shall be designed to minimize damage from storm surges and coastal flooding. Structures shall be designed to incorporate freeboard above the required elevation of the lowest floor or bottom of the lowest horizontal member consistent with the FEMA Coastal Construction Manual, Fourth Edition (FEMA P-55). This regulation is intended to protect property and prevent the need for future flood control/erosion control structures.
(8) To preserve shoreline views, the maximum height above average grade level of any residential structure shall not exceed 35 feet.
(9) New residential developments shall comply with the utility provisions in CCC 35.15.530, 35.15.610 and 35.15.630.
(10) Access to new residential developments shall comply with the applicable transportation provisions in CCC 35.15.490.
(11) Home businesses that are located entirely within an existing single-family dwelling and clearly subordinate and incidental to the residential use of the dwelling may be permitted as an accessory use subject to the following provisions:
(a) The home business must be entirely contained within the existing dwelling and shall not occupy greater than 25 percent or 500 square feet of the dwelling gross floor area, whichever is less. Any business to be conducted in a separate, detached outbuilding in the shoreline jurisdiction is subject to compliance with commercial and industrial provisions under Article III of this chapter.
(b) The home business shall comply with all other provisions of this Program.
(c) The home business must also be a permitted use and consistent with home-based business standards of the Clallam County Zoning Code, CCC Title 33. Where there is a conflict with this Program, the most restrictive standards shall apply.
(12) Transient lodging (e.g., bed and breakfast, vacation rental) located entirely within a single-family residence and consistent with County Zoning and Building Codes as an appropriate use within a single-family residence shall be considered under this section. Other types of transient lodging shall be considered a commercial use under Article III of this chapter. New transient lodging within a single-family residence shall be subject to a shoreline substantial development permit.
(13) Domestic wells serving single-family developments, including a pump and appropriately sized pump house and storage tank, may be permitted in the shoreline or critical area buffer provided there is no alternative location outside of the buffer and the well is located and designed to minimize adverse impacts on shoreline functions.