Chapter 15.15
BUILDING SETBACK REGULATIONS

Sections:

15.15.010    Name and purpose.

15.15.020    Definitions.

15.15.030    Applicability.

15.15.040    Setback.

15.15.050    Variance.

15.15.060    Notice and penalties.

15.15.070    Fees.

15.15.010 Name and purpose.

(1) Name. This chapter shall be known as the Lewis County road right-of-way setback chapter.

(2) Purpose. The purpose of this chapter shall be to establish standard setbacks for buildings along Lewis County road rights-of-way, to promote the safety, health, welfare, comfort, and well-being of the residents of Lewis County, and to provide for notice to prospective builders along county road rights-of-way of appropriate setbacks. [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 division, 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 or to be dedicated as part of a future subdivision of land.

(6) “Setback” means the minimum distance between any portion of any building and a right-of-way boundary or centerline as hereinafter described. [Ord. 1157, 1998; Ord 1043 Art. II, 1975]

15.15.030 Applicability.

(1) Applicability. Provisions of this chapter shall apply to all construction commenced upon or after the effective date of the ordinance codified in this chapter of any residential building, attendant outbuilding, or commercial/industrial structure upon any parcel of real estate bounded on any one or more sides by any one or more county road rights-of-way, or rights-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 Chapter 5 of the International Building Code, and pursuant to Chapter 15.05 LCC pertaining to allowable area increases. [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. 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.

(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. Where topography or other considerations make desired setbacks from county road rights-of-way less than the minimum provided by subsections (1) and (2) of this section, the owner of the subject land may apply to the county engineer and the public works division for a reduced setback permit permitting a reduction of setbacks to the distance specified on the permit, which distance shall be no less than a minimum of 35 feet from the centerline of the right-of-way, or if the road right-of-way is greater than 60 feet in width then no less than a minimum of five feet from the right-of-way line. Such permit may be issued by the public works department, after review by the public works division review board consisting of the public services director, assistant county engineer and the building official, when:

(a) The owner has agreed to locate and develop access in the manner specified on the permit, which access shall be so designed that backing of vehicles into or from the road section of the right-of-way will not be involved; and

(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 current on the date of application that the impaired sight distance is not further reduced by the reduced setback; and

(c) The owner agrees not to request any further approach permits in any location inconsistent with the restrictions imposed by subsection (b) above; and

(d) The reduced setbacks will not interfere with existing alignments or indicated realignments of the county road including changes in curves and slopes for cuts and fills. As used herein indicated sight distances and indicated realignments are determined based upon conformance of the existing road in the vicinity of the land affected by the application to adopted county standards for county roads.

(5) Appeal. Any person dissatisfied with the decision of the public works division 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. 1179 §3 (Exh. B), 2002; Ord. 1157, 1998; Ord 1043 Amendment 2, 1984; Ord 1043 Art. IV, 1975]

15.15.050 Variance.

(1) Application. Any person to whom this chapter would otherwise apply may make application for variance upon forms to be provided by the building section. Any such application shall succinctly state the grounds upon which variance is sought and shall be submitted to the Lewis County hearing examiner pursuant to Chapter 2.25 LCC, for purposes of a substantive, public hearing.

(2) Hearing. At any hearing on application for variance to this chapter, the hearing examiner shall hear and take testimony and evidence of each and every kind relevant to the issues whether application of this chapter would occasion undue, practical difficulties for the applicant, and would not be detrimental to the health, safety and welfare of Lewis County and its residents. Safety of land or building users, traveling public, parcel size, shape, topography, use, vehicular entrances and exits, present and reasonably foreseeable future widths of right-of-way, road site distance, reasonably foreseeable future road improvements or changes, loss of right to use subject land, shall be items considered at any hearing.

(3) Finding. If at hearing on application for variance to this chapter the hearing examiner shall find that application of the normal setback herein contained would cause undue and practical difficulties to the applicant and the granting of the variance would not be detrimental to the health, safety and welfare of Lewis County and its residents, the hearing examiner shall have authority to grant such variance upon such conditions as shall be deemed necessary and proper to preserve harmony with the general purpose and intent of this chapter. [Ord. 1157, 1998; Ord 1043 Amendment 1, 1979; Ord. 1043 Art. V, 1975]

15.15.060 Notice and penalties.

(1) Notice to Builders. At the time any building permit application is submitted to the building section, the applicant shall be given written notice of the applicable setback requirements for his proposed structure, as the same are related to county road rights-of-way bounding the real estate whereupon such structure is to be situated.

(2) 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. 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 18.05.035. [Ord. 1158, 1998].