Chapter 17.10


17.10.001    Generally.

17.10.003    Accessory apartment.

17.10.005    Accessory building.

17.10.007    Accessory use.

17.10.009    Administrator.

17.10.011    Agriculture.

17.10.013    Aircraft landing area.

17.10.015    Approval authority.

17.10.016    Auctioneering.

17.10.017    Average grade level.

17.10.019    Barn.

17.10.021    Bed and breakfast establishment.

17.10.023    Bed and breakfast inn.

17.10.027    Building.

17.10.029    Building height.

17.10.031    Building line.

17.10.033    Campground.

17.10.035    Cemetery.

17.10.037    Church.

17.10.039    Clearing.

17.10.041    Clearing activity.

17.10.043    Closed record appeal.

17.10.047    Commercial.

17.10.049    Community center.

17.10.053    Consistency.

17.10.055    Convenience retail shop.

17.10.057    Conversion option harvest plan (COHP).

17.10.058    Country inn.

17.10.059    County commission.

17.10.060    Culturally or historically     important lands or structures.

17.10.061    Density.

17.10.063    Department.

17.10.065    Detached accessory dwelling unit.

17.10.067    Developed land.

17.10.069    Development.

17.10.071    Development standards.

17.10.072    Disability.

17.10.073    Drainage ditch.

17.10.075    Dwelling unit.

17.10.076    Essential public facilities, local

17.10.07601    Essential public facilities, major.

17.10.077    Extraction, commercial.

17.10.079    Extraction, noncommercial.

17.10.081    Fabrication.

17.10.083    Family.

17.10.085    Family dwelling.

17.10.086    Family emergency.

17.10.08601    Family member.

17.10.087    Farm enhancement.

17.10.091    Floor area of a nonresidential building.

17.10.093    Floor area.

17.10.095    Floor area ratio (FAR).

17.10.097    Forest industries.

17.10.099    Forest practice.

17.10.101    Forest products.

17.10.103    Grade (adjacent ground     elevation).

17.10.105    Grocery store.

17.10.107    Gross density.

17.10.108    Group home.

17.10.109    Hazardous waste.

17.10.111    Hazardous waste treatment and storage facilities.

17.10.113    Hearing examiner.

17.10.115    Home based industry.

17.10.117    Home occupation.

17.10.119    Hotel.

17.10.121    Industrial.

17.10.122    Junk.

17.10.123    Launch ramp.

17.10.125    Loading space, off-street.

17.10.126    Repealed.

17.10.127    Lot clustering.

17.10.129    Lot coverage.

17.10.131    Manufacturing.

17.10.132    Marijuana processing.

17.10.13201    Marijuana production.

17.10.13202    Marijuana retailer.

17.10.13203    Miscellaneous or future marijuana uses.

17.10.133    Mobile home.

17.10.134    Modular/manufactured home.

17.10.135    Mobile home park.

17.10.137    Motel.

17.10.139    Multifamily development.

17.10.141    Multifamily dwelling.

17.10.143    Nonconforming structure.

17.10.145    Nonconforming use.

17.10.147    Open record appeal hearing.

17.10.149    Open record hearing.

17.10.150    Open space.

17.10.151    Ordinary high water mark (OHWM).

17.10.153    Owner of record.

17.10.154    Parcel.

17.10.155    Park.

17.10.157    Parking space, off-street.

17.10.159    Permanent foundation.

17.10.161    Permitted use.

17.10.163    Person.

17.10.165    Planning Commission.

17.10.167    Private club.

17.10.169    Professional office.

17.10.171    Prohibited use.

17.10.173    Project permit - Project permit application.

17.10.175    Public comment period.

17.10.177    Public facilities.

17.10.179    Public Meeting.

17.10.181    Public and private playgrounds and golf grounds.

17.10.183    Public recreation.

17.10.185    Public services.

17.10.187    Public sewer.

17.10.189    Public water.

17.10.191    Recreational vehicle.*

17.10.193    Recreational subdivision.*

17.10.195    Recreational vehicle park.*

17.10.196    Recreation areas.

17.10.197    Reserve tract.

17.10.199    Residential unit.

17.10.201    Resident.

17.10.203    Resource uses.

17.10.205    Restaurant.

17.10.207    Reclamation.

17.10.208    Retirement and convalescent home.

17.10.209    Road.

17.10.211    Rooming house.

17.10.213    Seat.

17.10.214    Setback.

17.10.215    Sign.

17.10.217    Single-family dwelling.

17.10.219    Site area.

17.10.221    Solid waste disposal facilities or sites.

17.10.223    Special use.

17.10.225    Structure.

17.10.227    Surface mining.

17.10.229    Truck stop.

17.10.231    Unbuildable land.

17.10.233    Unsuitable land.

17.10.235    Warehousing.

17.10.237    Wholesale trade.

17.10.239    Wireless communication facility.

17.10.241    Yard, front.

17.10.243    Yard, rear.

17.10.245    Yard, side.

17.10.001 Generally.

Certain terms and words used in this title are defined as follows: Words used in the present tense include the future; words in the singular number include the plural number, and words in the plural number include the singular number; the word “building” includes the word “structure” and the word “shall” is mandatory and not directory. [Ord. 1271 §8, 2017; Ord. 1170B, 2000]

17.10.003 Accessory apartment.

“Accessory apartment” means a separate complete residential unit designed for occupancy by a family. It is substantially contained within the structure of a single-family dwelling unit and there is internal access between units. [Ord. 1170B, 2000]

17.10.005 Accessory building.

“Accessory building” means a detached subordinate building in which an accessory use is located. [Ord. 1170B, 2000]

17.10.007 Accessory use.

“Accessory use” means a subordinate use which is customarily associated with or related to the primary uses of the premises, and which does not alter or change the character of the premises. [Ord. 1170B, 2000]

17.10.009 Administrator.

“Administrator” means the director of the community development department or his/her designee. [Ord. 1170B, 2000]

17.10.011 Agriculture.

“Agriculture” means the use of land for horticulture, floriculture, viticulture, dairy, apiary, vegetable or animal products, or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish in upland hatcheries, or livestock, and the necessary accessory uses for packing, treating, or storing the product; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities. Agriculture includes activities identified in LCC 17.35.1075. [Ord. 1170B, 2000]

17.10.013 Aircraft landing area.

“Aircraft landing area” means any locality, either on land, water, or structures including airports/heliports and intermediate landing fields, which is used, or intended to be used, for the landing and takeoff of aircraft. [Ord. 1170B, 2000]

17.10.015 Approval authority.

“Approval authority” means the county agency or position charged with making a final decision on a permit. The approval authority may include, among others, the director of the community development department or his/her designee, the county hearings examiner, and all other official charged with issuing discretionary permits in accordance with the terms of this title. [Ord. 1170B, 2000]

17.10.016 Auctioneering.

“Auctioneering activity” shall mean the business of conducting auctions by an “auction company,” as defined in RCW 18.11.050, for agricultural/industrial equipment. [Ord. 1210 §1 (Exh. 1, Att. C), 2009]

17.10.017 Average grade level.

“Average grade level” means the average of the natural or existing grade on that part of the lot to be occupied by the building or structure measured by averaging the grade levels at the extreme points or corners of the building or structure. [Ord. 1170B, 2000]

17.10.019 Barn.

“Barn” means any housing for horses, cows, steers, sheep, goats, or similar large animals, as well as housing for rabbits, domestic fowl, and similar smaller birds or animals. [Ord. 1170B, 2000]

17.10.021 Bed and breakfast establishment.

“Bed and breakfast establishment” means any privately-owned dwelling in which, for compensation, one or more persons, either individually or as families, are housed or lodged for periods of less than one month as transients with limited food service. [Ord. 1170B, 2000]

17.10.023 Bed and breakfast inn.

“Bed and breakfast inn” means a bed and breakfast establishment offering three or more sleeping units. [Ord. 1170B, 2000]

17.10.027 Building.

“Building” means any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind. [Ord. 1170B, 2000]

17.10.029 Building height.

“Building height” means the vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building:

(1) The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building when such a sidewalk or ground surface is not more that 10 feet above lowest grade.

(2) An elevation 10 feet higher than the lowest grade when the sidewalk or ground surface described in paragraph (1) above is more than 10 feet above lowest grade.

The height of a stepped or terraced building is the maximum height of any segment of the building. Mobile homes shall also meet these building height standards.

Exceptions: Towers, spires, steeples, and cupolas erected as part of a building and not used for habitation or storage may exceed the maximum building height in any zoning district by 20 feet; additional height may be approved by administrative approval under Chapter 17.160 LCC. [Ord. 1170B, 2000]

17.10.031 Building line.

“Building line” means a straight line which touches that portion of a building closest to the road upon which the lot fronts, and which intersects the two side lot lines at angles as close as possible to 90 degrees. The building line is the point of compliance for yard and setback requirements. [Ord. 1170B, 2000]

17.10.033 Campground.

“Campground” means any parcel or adjacent parcels of land in the same ownership, either public or private, which provides sanitary facilities and spaces for pitching tents for short-term occupancy of a transient, recreational nature. A private camping club is included within this definition. Those campground facilities, which provide occupancy during the period addressed in Chs. 15.25 & 15.30 LCC, shall also be governed by the provisions of those regulations.* [Ord. 1170B, 2000]

*Note: Ch. 16.14 LCC, Recreational Vehicle Park Divisions, also governs campground facilities and occupancy.

17.10.035 Cemetery.

“Cemetery” means a place used and dedicated for burial of deceased humans with one or a combination of the following elements: (1) burial plot or plots for earth interments; (2) mausoleum for crypt interments; (3) columbarium for permanent cinerary interments. [Ord. 1170B, 2000]

17.10.037 Church.

“Church” means a structure or group of structures devoted to spiritual or moral teachings. Associated activities include personal social services to the community. [Ord. 1170B, 2000]

17.10.039 Clearing.

“Clearing” means destruction of vegetation by manual, mechanical, or chemical methods resulting in exposed soils. [Ord. 1170B, 2000]

17.10.041 Clearing activity.

“Clearing activity” means clearing taking place on a single parcel of record or as part of a single project. A clearing activity will be considered to be complete once the site has been revegetated and stabilized. [Ord. 1170B, 2000]

17.10.043 Closed record appeal.

“Closed record appeal” means an administrative appeal on the record to Lewis County, as defined under LCC 2.25.010(3). [Ord. 1170B, 2000]

17.10.047 Commercial.

“Commercial” activities are primarily of a business or retail purpose, including but not limited to selling, offering for sale, displaying, distributing, or providing of goods, merchandise, or services as well as any advertising, promotion, or conveying of information or materials related to such goods, merchandise, or services, together with associated transport, storage, assembly, and repair. [Ord. 1170B, 2000]

17.10.049 Community center.

“Community center” means land and/or building(s) owned by a public agency or private non-profit entity used for social, civic, educational, or recreational purposes, which serves mainly the community where located; including but not limited to community halls and centers, grange halls, senior citizen centers, teen centers, youth clubs, field houses, and churches. The facilities are available for occasional public meetings. They may also have the minimal kitchen facilities required for occasional banquets. Private clubs as defined in this ordinance are not included. [Ord. 1170B, 2000]

17.10.053 Consistency.

“Consistency” means a project’s performance, in accordance with the county’s development regulations or in the absence of applicable development regulations, the appropriate elements of the county comprehensive plan or subarea plans adopted under Chapter 36.70A RCW, including but not limited to compliance and conformity. [Ord. 1170B, 2000]

17.10.055 Convenience retail shop.

“Convenience retail shop” means a food store designed and intended to serve the daily or frequent needs of the residential population living primarily within one mile of the shop. The food store may sell nonfood items such as household supplies, drugs, and items for personal hygiene. [Ord. 1170B, 2000]

17.10.057 Conversion Option Harvest Plan (COHP).

“Conversion Option Harvest Plan (COHP)” means a voluntary plan developed by the landowner and approved by the county prior to submittal to the Department of Natural Resources, indicating the limits of harvest areas, road locations, critical area buffers, and open space. The plan provides the landowner with the opportunity to log under a DNR Class II, III, or IV special permit without a county project permit while maintaining the option to convert the land at a later date. Under this condition, the imposition of a six-year moratorium on future development will not apply. [Ord. 1170B, 2000]

17.10.058 Country inn.

A “Country Inn” is a restaurant or restaurant/lounge facility designed to encourage a rural dining experience (such as Johnson Creek Winery or Alice’s Restaurant), and is dependent upon a rural location for appropriate ambiance. [Ord. 1179, 2002]

17.10.059 County Commission.

“County Commission” means the County Commission of Lewis County. [Ord. 1170B, 2000]

17.10.060 Culturally or historically important lands or structures.

“Culturally or historically important lands or structures” means lands or structures on a recognized historic preservation list approved by state, federal, or city authorities. [Ord. 1170B, 2000]

17.10.061 Density.

“Density” means the total number of acres in a parcel divided by the number of dwelling units located on the same parcel after development is complete. [Ord. 1170B, 2000]

17.10.063 Department.

“Department” means the Department of Community Development of Lewis County. [Ord. 1170B, 2000]

17.10.065 Detached accessory dwelling unit.

“Detached accessory dwelling unit” means a separate and complete dwelling unit not attached in any way to the main or existing dwelling unit; designed for occupancy by a family. [Ord. 1170B, 2000]

17.10.067 Developed land.

“Developed land” means the total land area of any lot of record which has a building, parking area, and/or structure for a permitted or special use except the following uses: agriculture as defined above; the growth, harvest, and management of timber; or mining. [Ord. 1170B, 2000]

17.10.069 Development.

“Development” means any activity that requires federal, state, or local approval for the use or modification of land or its resource. These activities include, but are not limited to, subdivision short subdivisions, and large lot subdivisions; binding site plans; planned unit developments; variances; shoreline substantial development; clearing activity; excavation and grading; embankment; activity conditionally allowed; building or construction; revocable encroachment permits; and septic approval.

17.10.071 Development Standards.

“Development Standards” means a minimum requirement or maximum allowable limit on the effect or characteristics of the use or activity for which a piece of land or its buildings is designed, arranged, or intended, or for which it is occupied or maintained pursuant to this chapter and the following as they exist now and as they may be amended from time to time:*

Lewis County Ordinance No. 1169 (Title 16 LCC - Subdivisions)

Lewis County Ordinance No. 1051 (LCC 15.30 - Mobile Home Park Binding Site Plan)

Lewis County Ordinance No. 1146/1146A (LCC 15.05 - Building Codes)

Lewis County Ordinance No. 1043 (LCC 15.15 - Building Setback Regulations)

Lewis County Ordinance No. 1145 (LCC 15.35 - Flood Damage Prevention)

Lewis County Ordinance No. 1161 (LCC 15.45 - Stormwater Management)

Lewis County Bd of Health Ord. Nos. H98-0326/-0326A (LCC 8.40 - On-Site Sewage Systems) [Ord. 1170B, 2000]

*Note: Portions of the named, ordinances have been amended or supplemented, as reflected in the named, Code sections.

17.10.072 Disability.

“Disability” means a situation where the owner of the designated property is eligible for disability benefits. (County shall require written evidence of qualifying disability.) [Ord. 1179, 2002]

17.10.073 Drainage ditch.

“Drainage ditch” means an artificially created watercourse constructed to drain surface or ground water. [Ord. 1170B, 2000]

17.10.075 Dwelling unit.

“Dwelling unit” means a building, or portion of a building or modular manufactured housing unit that is constructed or installed on a permanent foundation and designed for long-term human habitation, which has facilities for cooking, eating, sleeping, sewage, and bathing for use by one family (including resident domestic employees); the term does not include tents, campers, recreational vehicles, or travel trailers. [Ord. 1170B, 2000]

17.10.076 Essential public facilities, local.

“Essential public facilities, local” means transportation, utility, and education facilities; special needs facilities; solid waste facilities; port facilities administered by ports; juvenile detention facilities; community jail and other facilities all administered by an agency or entity headquartered in Lewis County. Local general aviation airports owned and/or operated by municipal authorities shall be an essential public facility. [Ord. 1179B § 2, 2003]

17.10.07601 Essential public facilities, major.

“Essential public facilities, major” means those facilities which are not required to be located in Lewis County, but which may be designated for Lewis County by the appropriate agency and which have the potential for material local impact. Such facilities include, but are not limited to, state prisons and correctional facilities administered by the Washington State Department of Corrections, regional or international airports operated by authorities not located in Lewis County, energy facilities proposed by a utility not headquartered in Lewis County. [Ord. 1179B § 2, 2003]

17.10.077 Extraction, commercial.

“Commercial extraction” means extraction of sand or gravel or both from a site when the primary purpose of extraction is to obtain the minerals for road construction, building construction, ready-mix, re-sale, or other uses in which the minerals will be processed. [Ord. 1170B, 2000]

17.10.079 Extraction, noncommercial.

“Noncommercial extraction” means extraction of sand or gravel or both from a site when it is incidental to a primary use, when it is intended to enhance agricultural productivity and when it will facilitate more uniform management of agricultural land. [Ord. 1170B, 2000]

17.10.081 Fabrication.

“Fabrication” means the manufacturing from standardized parts of a distinct object differing from the individual components. [Ord. 1170B, 2000]

17.10.083 Family.

“Family” means an individual; two or more persons related by blood or marriage; a group of two or more disabled residents protected under the Federal Housing Act Amendments, who are not related by blood or marriage, living together as a single housekeeping unit; a group of eight or fewer residents, who are not related by blood or marriage, living together as a single housekeeping unit; or a group living arrangement where six or fewer residents receive supportive services such as counseling, foster care, or medical supervision at the dwelling unit by resident or non-resident staff. For purposes of this definition, minors livingwith parent shall not be counted as part of the maximum number of residents. [Ord. 1170B, 2000]

17.10.085 Family dwelling.

“Family dwelling” means any building designed for and occupied by any person or family established or tending to establish a legal residence or acquiring a legal settlement for any purpose upon the premises so occupied. [Ord. 1170B, 2000]

17.10.086 Family emergency.

“Family emergency” means a situation where the owner of the designated property is involuntarily required to move from the property, due to health, requirements of a current employer, or involuntary termination of current employment. (County shall require proof of notice of requirements forcing involuntary action.) [Ord. 1179, 2002]

17.10.08601 Family member.

“Family member” shall include only mother, father, sons, daughters, stepsons, stepdaughters, whether natural or adopted, for families on the property in question on the effective date of this ordinance. [Ord. 1179, 2002]

17.10.087 Farm enhancement.

“Farm enhancement” means promoting proposed agricultural production by application of structural, cultural, and management practices, including eliminating safety hazards such as excessive grades. [Ord. 1170B, 2000]

17.10.091 Floor area of a nonresidential building.

“Floor area of a nonresidential building” (to be used in calculating parking requirements) means the floor areas of the specified use excluding stairs, washrooms, elevator shafts, maintenance shafts and rooms, storage spaces, display windows, and similar areas. [Ord. 1170B, 2000]

17.10.093 Floor area.

“Floor area” means the sum expressed in square footage of the gross horizontal area of the floor or floors of the building, measured from the exterior faces of the exterior walls, including elevator shafts and stairwells on each floor and areas having a ceiling height of seven feet or more, but excluding roofed areas open on two or more sides, areas having a ceiling height of less than seven feet and areas used exclusively for storage or housing of mechanical or central heating equipment. [Ord. 1170B, 2000]

17.10.095 Floor area ratio (FAR).

“Floor area ratio (FAR)” means the square footage of the building divided by the square footage of the area of the site the building is to be located on. [Ord. 1170B, 2000]

17.10.097 Forest industries.

“Forest industries” means the growth, harvest, and management of timber, associated forest practices and the manufacture of wood products. [Ord. 1170B, 2000]

17.10.099 Forest practice.

“Forest practice” means any activity conducted on or directly pertaining to forest land and related to growing, harvesting, or processing timber (Chapter 222-16 WAC) including, but not limited to: (1) road and trail construction; (2) fertilization; (3) prevention and suppression of diseases and insects; or other activities which qualify as a use or development subject to the Forest Practices Act. [Ord. 1170B, 2000]

17.10.101 Forest products.

“Forest products” means products obtained from stands of forest trees which have been either naturally or artificially established. [Ord. 1170B, 2000]

17.10.103 Grade (adjacent ground elevation).

“Grade (adjacent ground elevation)” means the lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line, or when the property line is more than five feet from the building, between the building and a line five feet from the building. [Ord. 1170B, 2000]

17.10.105 Grocery store.

“Grocery store” means a place of business engaged in selling to the public items generally used in and around homes including foods, drinks, medical aids, school supplies, papers, magazines and other household items. [Ord. 1170B, 2000]

17.10.107 Gross density.

“Gross density” means the number of dwelling units per unit of area. Gross density shall be computed based on the total area of the parcel of record and shall include the area of adjoining road right-of-way if the parent parcel is five acres or greater; however, adjoining road rights of way shall be excluded for parent parcels of less than five acres. [Ord. 1170B, 2000]

17.10.108 Group home.

A “Group home” is a residential care facility which requires licensing under the laws of the State of Washington. In this Title, the term Group Home includes all types of licensed residential care facilities. [Ord. 1179, 2002]

17.10.109 Hazardous waste.

“Hazardous waste” means and includes all dangerous and extremely hazardous waste as defined by RCW 70.105.010, and by Chapters 8.20, 8.25 & 8.45 LCC. Treatment of hazardous waste means, in addition to the meanings in Chapters 8.20, 8.25 & 8.45 LCC, the physical, chemical, or biological processing of dangerous waste to make such wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume. [Ord. 1170B, 2000]

17.10.111 Hazardous waste treatment and storage facilities.

“Hazardous waste treatment and storage facilities” means facilities that require an interim or final status permit from the Department of Ecology under the Dangerous Waste Regulations, Chapter 173-303 WAC, and permitting under Chapters 8.20, 8.25 & 8.45 LCC. This does not include hazardous waste incineration and land disposal facilities which are state preempted. [Ord. 1170B, 2000]

17.10.113 Hearing examiner.

“Hearing examiner” means the hearing examiner of Lewis County. [Ord. 1170B, 2000]

17.10.115 Home based industry.

“Home based industry” means small industrial, commercial, manufacturing, or service operations on land which is accessory to the operator’s residential use. A home based industry is limited in size and scale, but may involve new structures and activity outside the residence. Such uses may retain uses existing at the date of the adoption of this chapter or new facilities or activities consistent with this title. See limits in LCC 17.115.030(11). [Ord. 1170B, 2000]

17.10.117 Home occupation.

“Home occupation” means an activity conducted in a dwelling unit, in trade or commerce, which is a home occupation and involves no external development or activity which evidences the commercial use, other than parking, or outdoor recreational use for day care centers with less than 10 children. [Ord. 1170B, 2000]

17.10.119 Hotel.

“Hotel” means any building containing six or more rooms intended or designed to be used, rented or hired out, or to be occupied for sleeping purposes only by transients. [Ord. 1170B, 2000]

17.10.121 Industrial.

“Industrial” means activities pertaining to the creation, fabrication, alteration, combination, manufacture, or assembly of products for sale at wholesale or retail, and includes storage, transportation, and sales associated with the process or products. [Ord. 1170B, 2000]

17.10.122 Junk.

“Junk” means old iron, steel, brass, copper, tin, lead, or other base metals; old cordage, ropes, rags, fibers, or fabrics; old rubber; old bottles or other glass; bones; waste paper, plastic and other waste or discarded material which might be prepared to be used again in some form; any or all of the foregoing; and motor vehicles, no longer used as such, to be used for scrap metal or stripping of parts; but “junk” shall not include materials or objects accumulated by a person as by-products, waste or scraps from the operation of his/her own business or materials or objects held and used by a manufacturer as an integral part of his/her own manufacturing processes. [Ord. 1170B, 2000]

17.10.123 Launch ramp.

“Launch ramp” means an inclined slab, set of pads, or planks, or graded slope used for launching boats with trailers, or occasionally by hand; extensive parking and turn-around areas are usually required. [Ord. 1170B, 2000]

17.10.125 Loading space, off-street.

“Off-street loading space” means space logically and conveniently located for bulk pickups and deliveries, scaled to delivery trucks, expected to be used and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading spaces are not to be included as off-street parking space in computation of required off-street parking space. All off-street loading spaces shall be located totally outside of any street or alley right-of-way. [Ord. 1170B, 2000]

17.10.126 Long-term agricultural resource lands.

Repealed. [1179M §1, 2007]

17.10.127 Lot clustering.

“Lot clustering” means a method of aggregating permitted densities on smaller tracts or area within a larger defined area for the purpose of creating economical building lots with spatially efficient sizes, reducing development cost, increasing energy efficiency and reserving areas of land that are suitable for agricultural, forestry, open space, or other future-approved development purposes. [Ord. 1170B, 2000]

17.10.129 Lot coverage.

“Lot coverage” means the percent of a lot or parcel which is, or will be, covered by all structures located thereon. Coverage is determined by measuring areas covered by a weather tight roof. [Ord. 1170B, 2000]

17.10.131 Manufacturing.

“Manufacturing” means establishments engaged in the mechanical or chemical transformation of materials or substances into new products including the assembling of component parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins, or liquors. [Ord. 1271 §8, 2017; Ord. 1170B, 2000]

17.10.132 Marijuana processing.

“Marijuana processing” means converting harvested marijuana into usable marijuana and marijuana-infused products by any person or entity that holds a valid marijuana processor license issued by the Washington State Liquor Control Board under WAC 314-55-077 as now in effect or hereafter amended.

(1) “Type 1 marijuana processing” means marijuana processing as provided under WAC 314-55-077 that is limited to drying, curing, trimming, and packaging marijuana for retail sale.

(2) “Type 2 marijuana processing” means marijuana processing as provided under WAC 314-55-077 that extracts concentrates, infuses products, or involves the mechanical and/or chemical processing in addition to or instead of drying, curing, trimming, and packaging for retail sale. [Ord. 1271 §8, 2017]

17.10.13201 Marijuana production.

“Marijuana production” means the growing and wholesaling of marijuana by any person or entity that holds a valid license issued by the Washington State Liquor Control Board under WAC 314-55-075 as now in effect or hereafter amended. [Ord. 1271 §8, 2017]

17.10.13202 Marijuana retailer.

“Marijuana retailer” means a retail outlet that sells usable marijuana, marijuana-infused products, and marijuana paraphernalia and is owned by any person or entity that holds a valid marijuana retailer license issued by the Washington State Liquor Control Board under WAC 314-55-079 as now in effect or hereafter amended. [Ord. 1271 §8, 2017]

17.10.13203 Miscellaneous or future marijuana uses.

“Miscellaneous or future marijuana uses” are marijuana activities other than marijuana production, processing, and retail.

(1) If any future marijuana activity regulated under Chapter 314-55 WAC, now or as hereafter amended or replaced, falls outside of the definitions of marijuana retailer, production, or processing herein, such activity shall be subject to this title’s provisions pertaining to marijuana uses to the extent possible, except as otherwise specified in this section.

(2) Persons growing medical marijuana solely for their own use (including members of a medical marijuana cooperative under WAC 314-55-410 et seq., now or as hereafter amended) shall be treated as a noncommercial greenhouse use under this title instead of as marijuana production or processing, so long as the marijuana activity complies with applicable state law and does not include any solvent- or CO2-based extraction. If the marijuana activity fails to comply with applicable state law and/or includes solvent- or CO2-based extraction, it shall be regulated as marijuana production or processing, as appropriate under this title. [Ord. 1271 §8, 2017]

17.10.133 Mobile home.

“Mobile home” means a detached single-family dwelling unit as defined and regulated under Chapter 15.25 LCC. [Ord. 1271 §8, 2017; Ord. 1170B, 2000]

17.10.134 Modular/manufactured home.

“Modular/manufactured home” means a structure constructed offsite and assembled onsite which conforms to IBC requirements. [Ord. 1170B, 2000]

17.10.135 Mobile home park.

“Mobile home park” means any parcel or adjacent parcels of land as defined and regulated under Chapter 15.30 LCC. [Ord. 1170B, 2000]

17.10.137 Motel.

“Motel” means a group of attached or detached buildings containing individual sleeping units, with or without cooking or kitchen facilities, with at least one parking space for each unit located on the same premises, all for the temporary use by tourists and transients. This term includes auto courts, tourist courts, motor lodges, and resort cabins. [Ord. 1170B, 2000]

17.10.139 Multifamily development.

“Multifamily development” means two or more dwelling units on one lot of record whether or not attached. [Ord. 1170B, 2000]

17.10.141 Multifamily dwelling.

“Multifamily dwelling” means a single building containing two or more attached residential units. [Ord. 1170B, 2000]

17.10.143 Nonconforming structure.

“Nonconforming structure” means a building or structure, or portion thereof, which was lawfully erected and maintained prior to the adoption of these regulations, but which does not conform to the regulations of the zone in which it is located. [Ord. 1170B, 2000]

17.10.145 Nonconforming use.

“Nonconforming use” means a use of land which was lawfully established and maintained prior to the adoption of these regulations, but which does not conform to the regulations of the zone in which it is located. [Ord. 1170B, 2000]

17.10.147 Open record appeal hearing.

“Open record appeal hearing” means a hearing defined under LCC 2.25.010(9). [Ord. 1170B, 2000]

17.10.149 Open record hearing.

“Open record hearing” means a hearing as defined under LCC 2.25.010(9). [Ord. 1170B, 2000]

17.10.150 Open space.

“Open space” shall have the same definition as in 16.04.185 LCC. See also “Open space land” defined at LCC 3.50.030(7). Under this title “open space” is not to be confused with “open space open space,” “open space agricultural,” or “open space timber” designations, which are tax designations assigned by the County under Title 84 RCW for property tax purposes, as defined in RCW 84.34.020(1)(2)(3). Such tax designations may be secured in any zone under this title and may be granted, amended, or deleted as provided in the applicable tax code and regulations. [Ord. 1170B, 2000]

17.10.151 Ordinary high water mark (OHWM).

“Ordinary high water mark (OHWM)” means that mark as defined under LCC 17.25.030(7). [Ord. 1170B, 2000]

17.10.153 Owner of record.

“Owner of record” for notice purposes means the person or entity listed on the public records of the Lewis County Auditor for the tax parcel or tax parcels in question as of the date of application. [Ord. 1170B, 2000]

17.10.154 Parcel.

For “parcel” see “contiguous land” definition at LCC 16.04.078. [Ord. 1170B, 2000]

17.10.155 Park.

“Park” means private or public areas of land with or without buildings, designated for active or passive recreational uses. This includes athletic fields with unenclosed spectator seating facilities. [Ord. 1170B, 2000]

17.10.157 Parking space, off-street.

“Off-street parking space” means, for the purpose of this ordinance, an area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, but shall be located totally outside of any street, alley, or public right-of-way. [Ord. 1170B, 2000]

17.10.159 Permanent foundation.

“Permanent foundation” means a foundation constructed of masonry, concrete, or treated wood in conformance to the requirements of the International Building Codes, and shall extend below the frost line or other method as accepted by the building official. [Ord. 1170B, 2000]

17.10.161 Permitted use.

“Permitted use” means a principal use of a site allowed as a matter of right in conformance to applicable zoning, building, and health codes, and not subject to special review or conditions under this ordinance beyond those specifically set forth in zoning district regulations. [Ord. 1170B, 2000]

17.10.163 Person.

“Person” means an individual, firm, copartnership, association, corporation, or other legal entity, including any federal, state, or local municipal corporation, agency, or special purpose district. [Ord. 1170B, 2000]

17.10.165 Planning Commission.

“Planning Commission” means the Planning Commission of Lewis County. [Ord. 1170B, 2000]

17.10.167 Private club.

“Private club” means land and/or building that is privately owned and normally restricted from use by the general public, and which is operated as an assembly area by and for a nonprofit organization, society, lodge, fraternity, yacht club, or similar entity. The facility may or may not feature eating, drinking, dancing, or similar activities. [Ord. 1170B, 2000]

17.10.169 Professional office.

“Professional office” means a room or group of rooms used to conduct the business of a profession, business, service, government, or other organization, but excluding those uses which are primarily retail, wholesale, or other than clerical in nature that have offices as part if their operation. [Ord. 1170B, 2000]

17.10.171 Prohibited use.

“Prohibited use” means a use not allowed to be constructed or developed; provided that existing uses may be continued as provided in Chapter 17.155 LCC, Nonconforming Uses. [Ord. 1170B, 2000]

17.10.173 Project permit - Project permit application.

“Project permit” or “project permit application” means any land use or environmental permit or license required from Lewis County for a project action, including but not limited to building permits, subdivisions, binding site plans, planned unit developments, special use permits, shoreline substantial project permits, variance, lot consolidation, site plan reviews, 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. [Ord. 1170B, 2000]

17.10.175 Public comment period.

“Public comment period,” for purposes of this title, means a prescribed period of time, starting from the date of a notice of application, in which the public may provide information and comments to Lewis County staff who are obligated to incorporate such input into a staff report addressing the project permit application. Generally, public comment may be accepted by the decision making body up to, and until, the close of the open record hearing. [Ord. 1170B, 2000]

17.10.177 Public facilities.

“Public facilities” include streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, and schools. [Ord. 1170B, 2000]

17.10.179 Public Meeting.

“Public meeting” means an informal meeting, hearing, workshop, or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit prior to the local government’s decision. A public meeting may include, but is not limited to, a design review or architectural control board meeting, a special review district or community council meeting, or a scoping meeting of a draft environmental impact statement. A public meeting does not include an open record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the county’s project permit application file. [Ord. 1170B, 2000]

17.10.181 Public and private playgrounds and golf grounds.

“Public and private playgrounds and golf grounds” means areas of land with or without buildings designated for recreational uses. [Ord. 1170B, 2000]

17.10.183 Public recreation.

“Public recreation” means those recreation facilities developed and maintained by any department or branch of the federal, state or local government, or special purpose district created for the purpose of providing recreation facilities, and such facilities shall be used for public purposes. [Ord. 1170B, 2000]

17.10.185 Public services.

“Public services” include fire protection and suppression, law enforcement, public health, education, recreation, environmental protection, and other governmental services. [Ord. 1170B, 2000]

17.10.187 Public sewer.

“Public sewer” means, for land use planning purposes, a system intended to dispose of sewage meeting the definition of LCC 8.40.040(36). [Ord. 1170B, 2000]

17.10.189 Public water.

“Public water” means, for land use planning purposes, a system or water supply intended or used for human consumption or other domestic uses, including source, treatment, storage, transmission, and distribution facilities; where water is furnished to any community, collection or number of individuals, or is made available to the public for human consumption or domestic use; and is managed by: a municipality or special purpose district; or any classification of water system that is deemed appropriate by state or local health department to serve the densities provided in the appropriate subarea comprehensive plan and attendant zoning regulations, and meets engineering requirements consistent with the class and type of system in accordance with Chapters 246-290 to 246-295 WAC. [Ord. 1170B, 2000]

17.10.191 Recreational vehicle.*

“Recreational vehicle” means a motor vehicle, or portable structure capable of being transported on the highways by a motor vehicle, as regulated under Chapter 15.30 LCC. [Ord. 1170B, 2000]

*Note: see below

17.10.193 Recreational subdivision.*

“Recreational subdivision” means a subdivision created for the purposes of providing private lots primarily for seasonal recreational use for camping or recreational vehicles, but not for permanent housing. [Ord. 1170B, 2000]

*Note: see below.

17.10.195 Recreational vehicle park.*

“Recreational vehicle park” means a parcel of land in which two or more sites are primarily for occupancy by recreational vehicles for travel, recreation, or vacation uses. For mobile home parks, only spaces that are designated and/or are used for recreational vehicles shall constitute a recreational vehicle park as regulated under Chapter 15.30 LCC. For the purpose of these regulations, the term “recreational vehicle park” shall include camping clubs as defined in RCW 19.105.010. [Ord. 1170B, 2000]

*Note: Ch. 16.14 LCC, Recreational Vehicle Park Divisions, now governs recreational vehicle parks and recreational subdivisions.

17.10.196 Recreation Areas.

“Recreation Areas” are those areas: (a) within 5 air miles of national park/national forest; (b) within 1 air mile of Riffe Lake, Mayfield Lake, Mineral Lake, Carlysle Lake; (c) within one-half mile of the Cowlitz, Chehalis, Tilton, Skookumchuck, and Newaukum Rivers, and Lincoln and Winston Creeks, and (d) all State parks. [Ord. 1179, 2002]

17.10.197 Reserve tract.

When the lot clustering method of land division or subdivision is used, the “reserve tract” is that portion of a proposed division, subdivision, or short subdivision which is intended for agricultural, forestry, open space, or other future-approved development purposes. [Ord. 1170B, 2000]

17.10.199 Residential unit.

“Residential unit” means a single family dwelling unit intended for long-term human habitation and occupancy by a resident family. [Ord. 1170B, 2000]

17.10.201 Resident.

“Resident” means one who lives and usually works in the vicinity; not a visitor or transient. [Ord. 1170B, 2000]

17.10.203 Resource uses.

“Resource uses” are all primary and accessory uses defined in the County’s resource land ordinance, Ch. 17.30 LCC. [Ord. 1170B, 2000]

17.10.205 Restaurant.

“Restaurant” means an establishment where food and beverages are prepared and served for consumption either on or off premises. This term shall include cafes, coffee houses, cabarets, and dining rooms, but shall not include taverns. Restaurants may include cocktail lounge and facilities for dancing and live entertainment of patrons; provided that these activities are clearly accessory to food service; and provided further that these activities are not expressly prohibited in a specific zone. [Ord. 1170B, 2000]

17.10.207 Reclamation.

“Reclamation” means the process of reconverting disturbed lands to their former use or other compatible uses. [Ord. 1170B, 2000]

17.10.208 Retirement and convalescent home.

“Retirement and Convalescent Homes” is a residential arrangement where non-family members are brought together in a home or residential care facility which does not require State licensing. (For facilities requiring State licensing, see “Group Home.”) [Ord. 1179, 2002]

17.10.209 Road.

“Road” means the entire width between the right-of-way lines of every way for vehicular traffic that has been dedicated, platted, or granted as an easement for that purpose on public or private lands. The term does not include alley, drainage easement, or path, but is intended to include the right(s) of way to which properties have vehicular access. [Ord. 1170B, 2000]

17.10.211 Rooming house.

“Rooming house” means any dwelling in which, for compensation, three or more persons, either individually or as families, are housed or lodged, with or without meals. A boarding house, lodging house, tourist home or furnished room house shall be deemed rooming houses. A rooming house with six or more sleeping units, occupied by transients, shall be deemed a hotel. [Ord. 1170B, 2000]

17.10.213 Seat.

“Seat” means, for purposes of determining the number of off-street parking spaces for certain uses, the number of seats; or the number of seating units installed or indicated; or each 24 lineal inches of benches, pews, or space for loose chairs. [Ord. 1170B, 2000]

17.10.214 Setback.

“Setback” means a distance from a fixed boundary, property line, or right-of-way as set forth in LCC Title 17. A front setback is measured to the street or point of access. A side setback is measured to an abutting property on the same street or access. A rear setback is the side of the structure away from the street or point of access, and is measured to the nearest property line. A structure may have two front yards. [Ord. 1253, 2014; Ord. 1170B, 2000]

17.10.215 Sign.

“Sign” means any placard, billboard, display, messages, design, letters, symbols, light figure, illustration, set of pennants, or other devise intended to identify, inform, advertise, or attract attention to any private or public premises, and placed mainly outdoors so as to be seen from any public or quasi-public place. Excluded from this definition are official traffic, directional, or warning devises; other official public notices; signs required by law; or flag of government or other noncommercial institution. [Ord. 1170B, 2000]

17.10.217 Single-family dwelling.

“Single-family dwelling” means a residential unit permanently installed and served with utilities. [Ord. 1170B, 2000]

17.10.219 Site area.

“Site area” means the measured square footage of any lot, tract, or parcel of land or contiguous lots for purposes of determining density. Site area shall include measurement to the center of public rights of way. [Ord. 1170B, 2000]

17.10.221 Solid waste disposal facilities or sites.

“Solid waste disposal facilities or sites” means the location where any final treatment, unitization, processing, or deposition of solid waste occurs in accordance with Chapters 8.20, 8.25 & 8.45 LCC. For the purposes of this ordinance, “interim solid waste handling sites” of the following types are included: transfer stations, baling and compaction sites, source separation centers, and treatment sites. Drop boxes which provide the general public with containers to collect materials to be recycled and household hazardous waste collection stations for transfer elsewhere are excluded, but are defined as transitory solid waste facilities. For the purposes of this ordinance, three types of solid waste disposal facilities or sites are defined:

(1) Demolition materials, inert materials, and wood waste landfills.

(2) Sewage sludge when a unitization permit is issued by the Lewis county department of health in accordance with WAC 173-304-300, biosolids application when siting approval is given by the Lewis County department of health in accordance with Chapter 173-308 WAC, and any application site for compost which comes under Lewis County health department regulation and has received the appropriate permits.

(3) All other solid waste disposal facilities and sites of a permanent nature including, but not limited to, landfills, incinerators, and transfer stations, in accordance with Chapters 8.20, 8.25 & 8.45 LCC. [Ord. 1170B, 2000]

17.10.223 Special use.

“Special use” means a use permitted only after “public” review and approved by the hearing examiner, and to which “special” conditions may be attached by the hearing examiner to address mitigation requirements by reason of the specific location of a proposed use. [Ord. 1170B, 2000]

17.10.225 Structure.

“Structure” means anything constructed in or on the ground or water, or anything erected which requires location on the ground or water, or is attached to something having been constructed or located on or in the ground or water, requiring a permit under the State UBC or L&I standards, but not including unroofed paved areas or fill, or any vehicle. [Ord. 1170B, 2000]

17.10.227 Surface mining.

“Surface mining” means the process or business of extracting materials, including but not limited to sand, gravel, shale, rock, coal, soil, peat, or clay, from an open excavation in the earth. This shall not include (1) excavation and grading at building construction sites where such construction is authorized by a valid building permit; or (2) excavation and grading in county road or state highway rights of way or in public or private streets for purposes of on-site road construction when the work has been authorized by the engineering division; or (3) excavation and grading for the purpose of developing ponds or manure lagoons where the amount excavated does not exceed 10,000 cubic yards and where the total time of material hauling does not exceed 45 calendar days; or (4) excavation and grading in connection with and at the site of any creek, river or flood control or storm-drainage channel for the purpose of enlarging the hydraulic capacity or changing the location or constructing a new channel or storm drain where such work has been approved by the Public Works Department; or (5) gravel bar scalping projects within the jurisdiction of the shoreline management program; or (6) minor excavation on less than three acres (cumulative) and less than 5000 yards of excavated material per year. The Administrator may be called upon to determine whether other activities similar to those identified fall within or without of the regulated activity. [Ord. 1170B, 2000]

17.10.229 Truck stop.

“Truck stop” means a service station, along with other facilities customarily used by commercial trucking operations during long trips, including truck washing, restaurants, and limited sleeping accommodations. [Ord. 1170B, 2000]

17.10.231 Unbuildable land.

See “unsuitable land.” [Ord. 1170B, 2000]

17.10.233 Unsuitable land.

“Unsuitable Land” means land exposed to a condition that may cause a hazard on structures or human activity if the land in question is developed. Such lands include, but are not limited to: areas with slopes exceeding 15 percent when accompanied by additional erosion hazards as identified in LCC 17.35.920, 17.35.930, 17.35.940, and 17.35.950, such as unstable geologic formations, as indicated by soil survey and/or past experience of movement or settling of the land; soils of low or variable shear strength or load-bearing capacity; any slope in excess of 40%; major ground water recharge areas; or areas designated formally by a federal, state or county agency as flood hazard areas. [Ord. 1170B, 2000]

17.10.235 Warehousing.

“Warehousing” means facilities for storage of goods, machinery, and/or equipment in an enclosure. [Ord. 1170B, 2000]

17.10.237 Wholesale trade.

“Wholesale trade” means establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. [Ord. 1170B, 2000]

17.10.239 Wireless communication facility.*

“Wireless communication facility” means an unstaffed facility for the transmission and reception of radio or microwave signals used for commercial communications. Wireless communication facilities are composed of two or more of the following components: antenna, support structure, equipment enclosure, or security barrier. [Ord. 1170B, 2000]

*Note: LCC 12.25 et seq., also defines wireless communications facility.

17.10.241 Yard, front.

“Front yard” means an open space on a lot, between the road right-of-way, or point of access (front property line), and the requisite minimum front yard setback line. Where a lot lies at the corner of two or more roads, it shall have a front yard setback area extending back from each road right-of-way. If the exact location of the right-of-way is not known, it shall be assumed that the improved traveling surface of the road is in the center of the road right-of-way. If the width of the road right-of-way is not known, it shall be assumed to be the statutory 60 feet. [Ord. 1253, 2014; Ord. 1170B, 2000]

17.10.243 Yard, rear.

“Rear yard” means an open space on a lot, between the rear property line and the building closest to the rear property line. In the case of a lot with more than one road frontage the rear yard shall be deemed to be the yard abutting the shorter rear property line; the other yard shall be treated as a side yard. In cases of doubt, the administrator shall make the determination. [Ord. 1253, 2014; Ord. 1170B, 2000]

17.10.245 Yard, side.

“Side yard” means any yard that is not a front or rear yard. [Ord. 1253, 2014; Ord. 1170B, 2000]