Chapter 15.15
BUILDING SETBACK REGULATIONS
Sections:
15.15.010 Purpose.
The purpose of this chapter is to establish standard setbacks for buildings along Lewis County road rights-of-way, and to promote the safety, health, welfare, comfort, and well-being of the residents of Lewis County. [Ord. 1293 §1, 2018; Ord. 1157, 1998; Ord 1043 Art. I, 1975]
15.15.020 Definitions.
(1) “Board” means the Lewis County board of commissioners.
(2) “Building section” means the Lewis County community development department, building section.
(3) “Building” means all residential buildings, attendant outbuildings, or commercial/industrial structures which are intended for use as housing for human beings, animals, or carrying on any commercial/industrial enterprise; provided such term shall not mean any fence, sign, or any similar structure.
(4) “County” means Lewis County, a political subdivision of the state of Washington.
(5) “Right-of-way” means a Lewis County road right-of-way, either existing, to be dedicated or otherwise acquired.
(6) “Setback” means the minimum distance between any portion of a building and a right-of-way boundary or centerline as hereinafter described. [Ord. 1293 §1, 2018; Ord. 1157, 1998; Ord 1043 Art. II, 1975]
15.15.030 Applicability.
(1) Applicability. Provisions of this chapter shall apply to all construction commenced on or after the effective date of the ordinance codified in this chapter for any residential building, attendant outbuilding, or commercial/industrial structure upon any parcel of real estate bounded on one or more sides by a county road right-of-way, or right-of-way to be dedicated in the future to the county within a platted area.
(2) Requirements Maintained. Nothing in this chapter shall have the effect of waiving any of the requirements of Chapter 5 of the International Building Code, and pursuant to Chapter 15.05 LCC pertaining to allowable area increases. [Ord. 1293 §1, 2018; Ord. 1157, 1998; Ord 1043 Amendment 2, 1984; Ord 1043 Art. III, 1975]
15.15.040 Setback.
(1) Minimum Setback, 60-Foot Right-of-Way.
(a) The minimum building setback from any county road right-of-way, 60 feet in width or less, shall be 55 feet from the right-of-way centerline, as established by the records of the Lewis County engineer; provided, that this standard shall not apply to alleys.
(b) Where the existing right-of-way has only been constructed as a half street improvement (and the other half has not yet been constructed), the 55 feet shall be measured from the planned center of the overall width of the total right-of-way.
(2) Minimum Setback, Greater Than 60-Foot Right-of-Way. The minimum building setback from any county road right-of-way greater than 60 feet in width shall be 25 feet from the near edge of the road right-of-way as established by the records of the Lewis County engineer.
(3) Setbacks Not Bounded by Rights-of-Way. All setbacks for buildings not bounded by or related to county road rights-of-way shall be determined from and controlled by Chapter 17.145 LCC or Table No. 602 of the International Building Code and Table No. R302.1 of the International Residential Code, and pursuant to Chapter 15.05 LCC, whichever is the more restrictive.
(4) Reduced Setback Permits.
(a) When Applicable. Where topography or other existing conditions promote setbacks from county road rights-of-way that are less than the minimum provided in subsections (1) and (2) of this section, the owner of the subject land may apply to the county engineer for a reduced setback. Approval of the request is at the discretion of the county engineer, as guided by this section.
(b) Potential Instances. Situations that may warrant a reduced setback include, but are not limited to:
(i) Parcels that require a 55-foot setback from the centerline (when the right-of-way is less than 60 feet in width) along a local access road that is unlikely ever to require expansion.
(ii) Buildings that require a larger setback than adjacent existing neighboring buildings along the same street.
(c) Considerations and Findings of Fact.
(i) Considerations. In the consideration of a reduced setback, the county engineer should review the federal functional classification of nearby roads and determine if the subject road is, or will be, a key transportation connection in the local area. If the connection is determined to be an important connection that is necessary to promote travel within the area and future expansion of the road is likely, no setback reduction shall be allowed.
(ii) Findings of Fact. The county engineer may issue a reduced building setback permit when:
(A) The owner agrees to locate and develop the access in the manner specified on the permit, and the access is so designed that the backing of vehicles into or from the road section of the right-of-way will not be involved;
(B) The access is so located that, if the existing or indicated sight distance is less than the sight distance recommended by the edition of the Design Manual of the Washington State Department of Transportation that is current on the date of application, the impaired sight distance is not further reduced by the reduced setback;
(C) The owner agrees not to request any further approach permits in any location that are inconsistent with the restrictions imposed by subsection (4)(c)(ii)(B) of this section; and
(D) The reduced setback will not interfere with existing alignments or indicated realignments of the county road including changes in curves and slopes for cuts and fills. Indicated realignments for county roads are evaluated based on the conformity of the existing road in the vicinity of the site to adopted county standards.
(5) Appeal. Any person dissatisfied with the decision of the public works department in its consideration of the application for reduced setback permit may appeal such decision to the Lewis County hearing examiner pursuant to Chapter 2.25 LCC. [Ord. 1293 §1, 2018; Ord. 1179 §3 (Exh. B), 2002; Ord. 1157, 1998; Ord 1043 Amendment 2, 1984; Ord 1043 Art. IV, 1975]
15.15.060 Penalties.
(1) Penalties. Any person who shall on or after the effective date of the ordinance codified in this chapter construct, erect, build, or commence construction, erection, or building, of any structure in violation of any setback established hereby, relative to county rights-of-way, shall be subject to the penalties in LCC 1.20.020 and 1.20.040. [Ord. 1293 §1, 2018; Ord. 1180 §19, 2002; Ord. 1157, 1998; Ord 1043 Art. VI, 1975]
15.15.070 Fees.
The fees for this chapter, except as otherwise referenced, are set forth in LCC Title 18. [Ord. 1293 §1, 2018; Ord. 1158, 1998].