PURPOSE AND GUIDELINES

Chapter 17.05
GENERAL PROVISIONS

Sections:

17.05.010    Statutory authority

17.05.020    Statement of purpose.

17.05.030    Interpretation and conflict.

17.05.040    Vesting of permits.

17.05.045    Contents of application.

17.05.050    Administrative responsibilities.

17.05.060    Title.

17.05.070    Application.

17.05.080    Establishment of districts.

17.05.090    Adoption of district zoning maps.

17.05.100    Notice.

17.05.010 Statutory authority.

This ordinance is adopted pursuant to the provisions of Chapter 36.70A RCW, which empowers a county to enact a zoning ordinance and provide for its administration, enforcement, and amendment. [Ord. 1170B, 2000]

17.05.020 Statement of purpose.

The purpose and intent of the title is to further the goals and policies of the Lewis County comprehensive plan by providing the authority for and procedures to be followed in regulating the physical development of Lewis County. [Ord. 1170B, 2000]

17.05.030 Interpretation and conflict.

In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements for development. In the event that uncertainty is deemed to exist on the official Lewis County zoning map, zoning district boundaries shall be on section lines; lot lines; the center lines of highways, streets, alleys, railroad rights of way or such lines extended; municipal corporation lines; natural boundary lines, such as streams and topography; the ordinary high water mark (OHWM) of lakes and streams subject to Shoreline Management Program jurisdiction; or other lines to be determined by the use of scales shown on said map. Where a zoning district line purposely divides a land parcel, such parcel shall be subject to the procedures and requirements of the respective districts as applied. In the event that districts are overlaid by Shoreline Management Program designation(s), the most restrictive regulations of either the Shoreline Management Program or the official Lewis County Zoning Ordinance shall apply. [Ord. 1170B, 2000]

17.05.040 Vesting of permits.

(1) Project Permits Defined. For the purpose of this section, “project permit” and “project permit application” shall be as defined in RCW 36.70B.020(4):

Any land use or environmental permit or license required from a local government for a project action, including but not limited to building permits, subdivisions, binding site plans, master plans, conditional uses, special use permits, shoreline substantial development permits, site plan review, permits or approvals required by critical area ordinances, site-specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations except as otherwise specifically included in this subsection.

(2) Project Permits Applied for or Approved Prior to Effective Date.

(a) Project permits which have been applied for or approved by Lewis County on or before the effective date of the ordinance codified in this section are hereby deemed to be vested under the zoning and land use regulations in effect at the time of the complete application therefor.

(b) Future building permits that may be required to construct or complete the project as originally approved shall be subject to the building codes in effect at the time of the completed project permit application.

(3) Project Permit Applications Submitted After the Effective Date.

(a) Project permit applications submitted after the effective date of the ordinance codified in this section shall be vested under the zoning and land use regulations in effect at the time of application; provided, that the county has not subsequently notified the applicant that the application is incomplete.

(b) If the county has notified the applicant that the application is incomplete, the application shall not be deemed vested until the date the county notifies the applicant that the application is complete.

(c) Future building permits that may be required to construct or complete the project as originally approved shall be subject to the building codes in effect at the time of the completed project permit application.

(4) Additional Provisions.

(a) Nothing herein shall restrict the county’s authority to impose conditions on project permits pursuant to the State Environmental Policy Act (SEPA), Chapter 43.21C RCW and WAC 197-11-600.

(b) Nothing herein shall be construed to restrict the county’s ability, to the extent otherwise permitted by law, to apply new regulations to a project permit or project permit application. [Ord. 1170B, 2000]

17.05.045 Contents of application.

(1) For a “project permit application”, defined in LCC 17.10.173 and referenced in RCW 36.70B.080, to be deemed complete for purposes of beginning the formal project review and starting the review clock, the basic submittal information in section (3), below, shall be provided; EXCEPT, that such basic submittal information shall not be required in addition to the application requirements under LCC 15.30.040, 15.35.140, 15.45.130-.150, 16.05.050, 16.10.390, 16.12.390, 16.15.040, 17.20.030, 17.30.320, 17.35.460, and LCC Chapters 17.115, 17.120 & 17.160, unless expressly indicated on the face of the permit application or as a supplemental written requirement from the Administrator included with the application. FURTHER, the Administrator may waive any portion of the following basic submittal information on the face of any application form or by separate written notification for a particular project permit application.

(2) In processing project permit applications under Titles 15, 16 & 17 LCC, including ‘vested’ permits under LCC 17.05.040, additional information or studies may be requested in writing by the Administrator if needed to address particular aspects of the project or site. While the project review clock will formally stop during the time that the additional information is being assembled, department review of other aspects of the project will continue. If the application is deemed incomplete or if additional information is required, and except where otherwise expressly provided for in Titles 15, 16 & 17 LCC, the applicant shall have one hundred eighty calendar days to submit the required information to the community development department. The department shall notify the applicant as to when the one-hundred-eighty-day period will end. If the applicant does not submit the required information within the one-hundred-eighty-day period, the application shall lapse. Prior to the expiration date, the applicant may request in writing an extension of time.

The Administrator may grant an extension if the required studies or information warrant additional time.

(3) Except as otherwise described above, an application for a project permit shall contain the following basic submittal information in clear and intelligible form:

(a) An application form provided by Lewis County containing all of the information requested on the form, including a single applicant contact to receive all determinations and notices;

(b) A narrative summary of all uses and activities proposed to occur on-site, including hours of operation for nonresidential uses and activities. For nonresidential developments, provide a statement which indicates whether hazardous materials, as defined in LCC 17.35.240 LCC, will be used, stored or disposed of on-site, or as a result of site activities;

(c) Full size copies (quantity as stated on application form) and a site plan drawing or drawings of a type and a scale to be designated by the Administrator, which shall include or show:

(i) The location and height of all existing and proposed structures, including, but not limited to, mobile/manufactured homes, houses, sheds, garages, barns, fences, culverts, bridges, storage tanks, signs and exterior lighting,

(ii) The boundaries, including dimensions, of the property proposed to be developed,

(iii) Setback distance measurements from all property lines (or road access easements) to all existing and proposed buildings. For mobile (manufactured) home parks, show location and size of all home pads with dimensions of each yard and all proposed lighting,

(iv) All areas, if any, to be preserved as buffers or to be dedicated to a public, private or community use or for open space under the provisions of this title,

(v) The location of all existing and proposed easements,

(vi) The location of any area protected by (covenanted) setbacks on the project site (or other location, as applicable) for water supply sources,

(vii) The location of all existing and proposed public and on-site utility structures and lines, including existing and proposed on-site sewage systems, sewer lines, water lines, wells and springs (including those within two hundred feet of the project site, depending on the applicant’s ability to gain access to adjacent properties or to secure records of existing Washington State Department of Ecology or Lewis County well log records). [*If off-site utilities are proposed, a letter must be provided from the utility purveyor indicating under what conditions they are willing to serve the proposal. See also subsection (ix), immediately below],

(viii) Existing location and name of drainage/surface water on-site,

(ix) Proposed stormwater drainage facilities type and location,

(x) All means, existing and proposed, of vehicular and pedestrian ingress and egress to and from the site, including disabled parking and access provisions, if applicable, and the size and location of sidewalks (within urbanized/subdivision areas), driveways, streets, internal circulation roads, and fire access roads, and including existing and proposed road names and existing county and state rights-of-way,

(xi) Known adjacent/neighbor accesses to public road,

(xii) The location and size of all parking and outside storage areas,

(xiii) The location of all loading spaces, including, but not limited to, loading platforms and loading docks,

(xiv) A north arrow, map scale, date, site address and directions to the site,

(xv) If required for stormwater, aesthetics, buffering or mitigation, all existing vegetation proposed to remain and all proposed landscaping, including location and type,

(xvi) Location of any existing critical areas or buffers affecting the site, both on-site and on adjacent properties, including but not limited to shorelines, wetlands, streams, steep slopes and special habitats. Off-site information obtained from available county mapping is sufficient.

(c) Vicinity sketch, at a scale to be determined by the Administrator, indicating the boundary lines and names of adjacent developments, streets and boundary lines of adjacent parcels, and the relationship of the proposed development to major roads and highways, schools, parks, shopping centers and similar facilities. A topographic map may also be requested by the Administrator;

(d) Written estimate of trips to and from the site daily for the proposed use. Specifically list trucks and other traffic;

(e) Description of proposed grading, including a written estimate of both cut and fill quantities in cubic yards and a map showing the location of cut and fill areas;

(f) The number of square feet covered by each existing and proposed building, total square feet in graveled, paved or covered surfaces, whether covered by buildings, driveways, parking lots or any other structure, and the total number of square feet in the entire subject parcel or parcels;

(g) The proposed number of dwelling units in the development, including the density calculation method used in deriving the total number of units for the project;

(h) For projects where new or altered on-site sewage systems are proposed, a soils report, as prescribed in Ch. 8.40 LCC, Lewis County Onsite Septic System, shall be submitted or soil test pits shall be dug in the proposed location of the on-site sewage system, as prescribed in said Chapter. The location of the soil test pits shall be shown on the site plan. During project review, county staff will initially perform the soils review. In some instances, the applicant may be required to retain the services of an on-site sewage system designer, as defined in said Chapter, to conduct further analysis of soil and site conditions;

(i) Applicable fees;

(j) Applicable environmental documents, e.g. SEPA Checklist, critical areas administrative review form or written agreement to complete an environmental impact statement;

(k) There may be additional submittal requirements for certain special uses, as listed in Chapter 17.115 LCC;

(l) In addition to the information listed in subsections (3)(c)(i) through (xii) above, for multifamily developments (more than two dwelling units on a single parcel) and planned residential developments, the following information is required:

(i) Program for development, including estimated phasing or timing of development and estimated build-out data for each year during the construction period,

(ii) Provisions to assure permanence and maintenance of common open space through homeowner’s association formation, condominium development or other means acceptable,

(iii) Dwelling unit breakdown by type and size;

(m) In addition to the information listed in subsections (3)(c)(i) through (xii) above, for planned rural residential developments, the following information is required:

(i) The location of both prime farmland soils and land grades 2 & 3 forest soils for purposes of agricultural resource lands and forest resource lands, respectively, as defined by Ch.17.30 LCC,

(ii) General land uses adjoining a proposed development,

(iii) The approximate location of any designated resource use parcels, designated long-term commercially significant agriculture or forest areas, identified critical areas, designated open space, greenbelts, parks, and wildlife corridors adjoining the proposed subdivision,

(iv) Intended use of a resource use parcel, including the siting of any residence(s),

(v) If not all of the allowable density is used, the number of lots which may be created in the future shall also be noted on any recorded platting document. Any imposed limitations on the use and further subdivision of any resource use parcel shall be noted on any recorded plat. These limitations shall be effective until such time as the property is annexed,

(vi) Proposed ownership of resource use parcel and open space areas,

(vii) Provisions to assure permanence and maintenance of any commonly owned open space through homeowners association formation or other means acceptable;

(n) Each application for a quasi-judicial rezone shall contain only the following in clear and intelligible form:

(i) A rezone application form containing all of the information requested on the form, including detailed responses to the following questions:

(A) What is the relationship between the proposed use of the land to be zoned and the surrounding land uses (i.e., is your proposed use of land significantly different than existing land uses surrounding your property)? Explain,

(B) Why is the property not usable by you as presently zoned, including the events which lead you to this conclusion?

(C) How have conditions affecting the subject site changed to make the proposed zone more appropriate than the existing zone?

(D) How would the proposed zone change be in the interests of not only the applicant but the public as a whole?

(E) Does the rezone request conform with the Lewis County Comprehensive Plan?

(ii) Site plan drawing or drawings, of a type and a scale to be determined by the Administrator, which shall include or show:

(A) A narrative summary of all uses and activities proposed to occur on-site,

(B) The location of all existing and proposed structures, including, but not limited to, mobile homes, houses, sheds, garages, barns, fences, culverts, bridges, storage tanks, signs, and exterior lighting,

(C) The boundaries, including dimensions, of the property proposed to be developed,

(D) The location of all existing and proposed easements,

(E) A north arrow, map scale, date, site address and directions to the site,

(F) Location of any existing critical areas or buffers affecting the site, both on-site and on adjacent properties, including, but not limited to, shorelines, wetlands, streams, steep slopes and special habitats. Off-site information obtained from available county mapping is sufficient.

(G) The boundaries and land use of all adjacent parcels,

(iii) Topographic map showing two-foot contours for the entire subject parcel or parcels and a minimum of fifty feet into adjacent parcels, based on available county information. Contours may be placed on the site plan or on a separate map of the same scale. The topographic information may be generalized to the smallest, even-numbered, contour interval that is legible in areas of steep slopes where two-foot contour lines would otherwise be illegible to read,

(iv) Applicable fees,

(v) Applicable environmental documents, e.g. SEPA checklist, CARL, administrative review form or written agreement to complete an environmental impact statement. [Ord. 1174A §9, 2001]

17.05.050 Administrative responsibilities.

The Community Development Department is responsible for the administration of this title.* The department shall act as a coordinating agent to ensure that the regulatory process is expeditious and shall recognize input provided by state agencies or other County departments having appropriate expertise or jurisdiction, including: the Public Works Department for road and stormwater; the fire chief of the appropriate district for fire-related issues; the health and social services department for domestic water, septic and sewage, waste disposal, and septage; the health department for solid waste; and the community development department for land use, building and construction, and general site design. All departments of county government shall endeavor to cooperate fully with the community development department in the exercise of their duties relative to land use controls and regulations. [Ord. 1170B, 2000]

*Note: Office of Prosecuting Attorney oversees and administers codification and publication of this title.

17.05.060 Title.*

This title may be cited as either:

(1) Official Lewis County Zoning Ordinance; or

(2) Title 17, Lewis County Code; or

(3) Lewis County Zoning Code. [Ord. 1170B, 2000]

*Note: currently codified as “Land Use and Development Regulations”

17.05.070 Application.

This title shall be applicable within lands regulated by the Lewis County comprehensive plan. [Ord. 1170B, 2000]

17.05.080 Establishment of districts.

For the purpose of furthering the goals and policies of the comprehensive plan and to carry out the provision of this title, Lewis County is hereby divided into the following districts:

Chapter	Abbreviation	District
17.45	STMU	Small Towns - Mixed Use/Commercial
17.50	STR-4	Small Towns - Residential
17.55	STI	Small Towns - Industrial
17.60	CC	Crossroads Commercial
17.65	FC	Freeway Commercial
17.70	TCA	Tourist Services Areas - Overlay
17.75	RAI	Rural Area Industrial
17.80	RA-P	Packwood Airport Obstruction Zoning - Overlay
17.85	RA-TW	Ed Carlson Memorial Field Airport Obstruction Zoning - Overlay
17.90	RA-CC	Chehalis-Centralia Airport Obstruction Zoning - Overlay
17.95	RRC*	Rural Residential Centers
17.100	RDD	Rural Development District
17.105	RAD	Rural Agricultural District - Overlay
17.107	AFPOD	Agriculture and Forest Protection Overlay District

*[Note: originally adopted as “RCC” as a scrivener’s error, and corrected on codification]

Land within the UGAs (Chapters 17.15 and 17.20 LCC) shall be governed by the provisions of the chapters and associated maps. [Ord. 1179, 2001; Ord. 1170B, 2000]

17.05.090 Adoption of district zoning maps.

The boundaries and district classification hereby established are shown on a map and series thereof, entitled the “Official Lewis County Zoning Map.” Such maps are enumerated in Chapter 17.200 LCC and all such maps, together with notations, references, data, and other information shown thereon are by reference made part of this title. [Ord. 1170B, 2000]

17.05.100 Notice.

(1) Purpose. The purpose of this section is to assure that notice is available by people affected by proposals considered by the county under the terms of this Title 17.

(2) Notice. In addition to property-specific notice and publication which may be required by law or other provisions of this title, the following notices shall be provided for actions taken pursuant to this title:

(a) Special Use Permits. A four foot by four foot wooden sign, painted white with three-inch red lettering, shall be located within 10 feet of the county right-of-way on any open public roads abutting the property or the property access road. The sign shall be posted not less than 30 days prior to public hearings and shall be clearly visible from the public right-of-way. The sign shall read:

Notice of land use action.
Special use permit proceedings for a
[Name of Facility]
For information on the project and hearing dates, contact:
Lewis County Department of Community Development.
350 N. Market Blvd., Chehalis, WA 98532
(360/740-1146)
[Owner/developer’s name and contact]

(b) Master Plan Proceedings. A four foot by eight foot wooden sign, mounted with four inch by four inch or better posts, painted white with four inch lettering shall be located within 10 feet of each county right-of-way abutting the property to be addressed in the master plan, and within 10 feet of any open public road which serves as access to the site, where the road does not abut the site. The sign shall be posted not less than 30 days prior to the hearings and shall be clearly visible from the public right-of-way. The sign shall be maintained on the property until the hearings are complete and the decision issues. The sign shall read as follows:

Notice of land use action.
Master plan proceedings for a
[Name of Facility]
For information on the project and hearing dates, contact:
Lewis County Department of Community Development.
350 N. Market Blvd., Chehalis, WA 98532
(360/740-1146)
[Owner/developer name and contact]

(c) Comprehensive Plan Development Regulation Changes Affecting More Than One Property. The county shall cause to be published, in addition to other notices required by law, a public notice, eleven inches by seventeen inches which shall identify the time, place, and purpose of the county proceedings and the contact sites at county offices for additional information. The county will include a subarea map showing the area affected, if less than the whole county. The notice shall be posted in at least two places of public assembly within each of the subareas affected, as shown on Map 106. A place of public assembly for these purposes shall include the senior centers, the post offices, or grocery stores nearest the area potentially affected.

(d) The county community development department shall develop guidelines for the timely removal of signs.

(e) Applicant shall prepare and install and remove all signs required by this section. [Ord. 1175 §2, 2000; Ord. 1170B, 2000]