Chapter 17.100
RURAL DEVELOPMENT DISTRICT (RDD)

Sections:

17.100.010    Purpose.

17.100.015    General guidelines.

17.100.020    Permitted uses.

17.100.030    Accessory uses.

17.100.040    Special uses.

17.100.050    Prohibited uses.

17.100.060    Design standards.

17.100.070    Reserve tract.

17.100.080    Development standards.

17.100.090    Determination of adequate facilities.

17.100.100    Urban growth prohibited.

17.100.110    Rural airport overlay requirements.

17.100.120    Density bonus for cultural and historic sites.

17.100.010

Purpose.

The Rural Development District is the portion of land in Lewis County not otherwise designated. While the Rural Development District has an overall density designation of one unit per five acres, one unit per ten acres, one unit per twenty acres, the combinations of steep slopes, tight soils, flood plains, and unbuildable critical areas will provide a wide variety of rural residential densities, and will preserve the rural character of the county while providing reasonable opportunity for any low density development. The purpose of this chapter is to achieve a variety of lot sizes, protect rural character, and protect small rural business which have historically served the citizens of Lewis County. [Ord. 1179, 2002; Ord. 1170B, 2000]

17.100.015

General Guidelines.

(1) The Zoning Districts. The Rural Development District is divided into three density districts:

(a) Rural Development District at one dwelling unit per five acres (RDD 1-5);

(b) Rural Development District at one dwelling unit per 10 acres (RDD 1-10); and

(c) Rural Development District at one dwelling unit per 20 acres (RDD 1-20).

In the RDD 1-10 District, all contiguous property 15 acres or larger, but less than 20 acres, may be divided into two lots. In the RDD 1-20 District, all contiguous property 30 acres or larger, but less than 40 acres, may be divided into two lots. This provision is only applicable to legal lots of record in existence prior to the adoption date of May 12, 2002, and shall not apply to any lot created after that date. This provision is limited to a one-time division of property; no future multiple divisions are permitted.

(2) For purposes of subdivision, lot area shall be consistent with the methodology contained in RCW 58.17.040(2). [Ord. 1179B, §2, 2003; Ord. 1179, 2002]

17.100.020

Permitted uses.

The uses shown in Table 2 at LCC 17.42.040 shall be allowed within this district. [Ord. 1179, 2002; Ord. 1175 § 2, 2000; Ord. 1170B, 2000]

17.100.030

Accessory uses.

As defined at LCC 17.10.007, Accessory uses are considered part of the permitted uses. [Ord. 1179, 2002; Ord. 1170B, 2000]

17.100.040

Special uses.

All special uses authorized in Chapter 17.115 LCC shall be allowed in this district. Also, see Table 2 at LCC 17.42.040 for a listing of various types of special uses and criteria. [Ord. 1179, 2002; Ord. 1170B, 2000]

17.100.050

Prohibited uses.

All other uses. [Ord. 1170B, 2000]

17.100.060

Design standards.

The creation of new building lots, pursuant to this section, shall be governed by the following recommended design standards:

(1) The base residential density shall be one unit per five (R1-5), one unit per ten (R1-10), and one unit per 20 (R1-20) acres, which are mapped in accordance with criteria from the Comprehensive Plan. Also see Zoning Maps for specific sites. Minimum lot standards shall be consistent with County Health and Social Services Department requirements.

(2) Clustering is encouraged in rural lands to reduce the number of entrances onto public roads, and to reduce the disturbed areas resulting from rural area development and promote more cost-effective and service-efficient use of rural lands. Larger residual parcels in any clustered development may be used for any resource use, one residential lot, and/or any recreational, agricultural, or non-industrial/commercial use, consistent with County development standards and regulations. See LCC 17.115.030(10)* for specific requirements for clustered subdivisions having more than six units.

(a) Minimum lot size shall be determined by health and septic standards of the County. In residential districts, cluster developments require reserve areas and setbacks for all activities shall be 2X (double) the minimums from wetlands, streams, and steep slopes, including drain field standards as set forth in Ch. 8.40 LCC, on-site sewage regulations.

(b) Where a cluster program is chosen:

(i) Clustered building lots may be only created through the subdivision or short subdivision process.

(ii) Building lots should be designed and located to the fullest extent possible to be compatible with valuable or unique natural features, as well as physical constraints of the site.

(iii) Where practical, the majority of building sites should be arranged in a cluster or concentrated pattern to be compatible with physical site features, allow for the efficient conversion of the “reserve tract” to other uses in the future.

(iv) Driveways shall access internal roads and arterial access shall be limited to 500 foot separation.

(v) Common access to clustered building lots should be provided by short length roads or loop roads. In addition, interior streets shall be designed to allow access to the “reserve tract” for the purpose of use consistent with the comprehensive plan and this title.

(c) Any proposed cluster in excess of six units shall be processed as a special use permit.

(d) Consideration in the development of any cluster should include:

(i) Careful location of designated open space to preserve large areas of open space.

(ii) Location of the cluster away from resource lands or provision of adequate buffers between clusters and resource lands.

(iii) Limitations on the size and density of the built area to prevent the need for urban levels of service. [Ord. 1179, 2002; Ord. 1170B, 2000]

*[Note: scrivener’s error in referenced section corrected on codification]

17.100.070

Reserve tract.

For the purposes of this section, “reserve tract” is defined as that portion of a proposed subdivision or short subdivision which is intended for agricultural, forestry, open space, recreational facilities, or utilities. All “reserve tracts” created through the subdivision process shall be subject to the following provisions:

(1) After a site is initially subdivided pursuant to this section, the “reserve tract” may be retained by the subdivider, conveyed to residents of the subdivision or conveyed to a third party. Once full density has been reached, the reserve tract may not be further subdivided for residential use until such time as the comprehensive plan is amended consistent with the Growth Management Act.

(2) The “reserve tract” may be considered as a building lot; provided that such lot is included in the overall density calculation of the original parcel of record.

(3) The “reserve tract” may not be further subdivided unless the subarea comprehensive plan and zoning have been updated as part of the normal process. [Ord. 1170B, 2000]

17.100.080

Development standards.

All development shall be required to conform to the supplementary requirements of Chapter 17.145 LCC. [Ord. 1170B, 2000]

17.100.090

Determination of adequate facilities.

The applicant for any development permit, except for a building permit for a single-family use on an existing lot of record, shall provide evidence in the form of a letter of availability from the local service providers for schools, water, and fire, where applicable, that the project can be accommodated within the existing system or, alternatively, adequate provision has been made to upgrade or otherwise increase capacity concurrently with the development impact. No development can be approved under this chapter without a written finding that adequacy requirements are met consistent with Chapter 17.130 LCC. [Ord. 1179, 2002; Ord. 1170B, 2000]

17.100.100

Urban growth prohibited.

The Administrator shall find that any project submitted for approval under this chapter is consistent with Chapter 17.150 LCC and that appropriate conditions are imposed to assure that “urban growth” as defined in RCW 36.70A.030(17) and as prohibited outside urban growth areas by RCW 36.70A.110, does not occur as a result of the development in question, nor does the project create a need or demand for urban levels of public facilities or services. [Ord. 1170B, 2000]

17.100.110

Rural airport overlay requirements.

(1) Purpose. The purpose of the airport overlay requirements is to provide setbacks and building limitations in the vicinity of rural airports identified by the County on zoning maps as essential public facilities (including the Ed Carlson Memorial Field), to protect flight operations at the airport consistent with adopted master plans.

(2) Lateral setbacks. No buildings intended for use for multifamily and clustered residential purposes or places of public assembly shall be constructed within 500 feet of the centerline or end of the paved runway. This prohibition shall not apply to single-family residences, buildings intended for agricultural purposes, or accessory buildings to residential uses such as garages, shops, and similar structures, or all other uses allowed under Rural Development District zoning which do not constitute places of public assembly.

(3) Approach surface setbacks. Within such zones, no structures shall be constructed within 500 feet of the end of the runway. The prohibition shall not apply to buildings intended for agricultural purposes or accessory buildings to residential uses such as garages shops and similar structures constructed from 500 feet to 1,000 feet from the end of the runway. (See maps for reserved areas.)

(4) Clustering. The rural development zone permits clustering, and all land within either the designated lateral or approach surface setbacks shall be considered for determining overall density allocable to any property

(5) Notice and consent to air operations. Any new division of land, or use of land, approved pursuant to Title 16 LCC within 1,000 feet of the boundaries of the airport property shall contain the following provision which shall be recorded on the face of the plat or instrument of title:

NOTICE: This property is located within 1,000 feet of an operating airport. The development approved for this site was approved with the condition that the owner consents to the use of the airport, in accordance with the approved master plan and laws governing the operation of aircraft, and shall make no claim against the airport owners, its operators, or the operators of aircraft using the airport by reason of noise or overflight of aircraft using the airport in accordance with such plan and governing laws. This condition touches and concerns the land, runs with the land, and shall be binding on all successors in interest. Property owners located within 1,000 feet of the boundaries of the Ed Carlson Memorial Field will be notified in writing of any changes being proposed to the airport’s 1995 master plan.

[Ord. 1179, 2002; Ord. 1175 § 2, 2000; Ord. 1170B, 2000]

17.100.120

Density bonus for cultural and historic sites.

(1) Purpose. The purpose of this section is to provide incentives for the owners of property on which cultural or historic sites or structures are located to provide the opportunity for public and/or research access to the areas.

(2) Density Bonus. Where the owner of a property on which a cultural or historic structure or site is located designates the property for cultural or historic preservation and/or research, the owner shall be given a density credit equal to 2 times the density assigned to the property set aside. (A five-acre parcel would be assigned two units in the RDD, a 2.5-acre site or less would be assigned 1 unit.) The allowed density bonus shall be written on the recorded instrument. Such bonus is a recognized property right which may be transferred by deed. The density bonus so transferred may be used on any property within the Rural Development District, consistent with the other requirements of that zone. Thus the owner of a 40-acre parcel, who acquired one or more of such rights would be entitled to develop on the 40-acre parcel, the 8 units assigned to the 40-acre parcel, and additional units acquired by reason of the density transfer provisions. The limit on the number of units so transferred shall be the limits of the property to which the density is otherwise transferred to meet the other requirements of Title 17 LCC.

(3) Designation. Designation may be accomplished for purposes of this section through dedication to a public agency, the recording of a covenant and easement protecting the site and assuring public and/or research access to the site. Before recording, any designation must be approved by the Administrator, in writing, to receive the benefits of this section. The site may be segregated by the short plat process if less than 5 acres, and the simple large lot process if over five acres but less than 20 acres, and such division of land shall be exempt from all public health or improvement requirements of Title 16 LCC (operation of any structure for public use or access would be subject to health, sanitary, and fire regulations and appropriate building codes).

(4) Eligibility. The Administrator shall determine that sites proposed for designation shall be listed on a state, federal, or locally recognized list of historic or culturally important areas or structures. For new sites, the property must be approved as eligible for inclusion on such lists by the controlling authority. The controlling authority of the list must also approve the size and nature of access granted as appropriate to the site before the designation is approved.

(5) Limitation on authority. Designation under this section may only be requested by the owner of the property on which the site is located, and this section does not create any new criteria or rules governing the identification or use of such sites on private property. The sole purpose of this section is to encourage the set aside of such sites, where the owners choose to take advantage of this provision. [Ord. 1170B, 2000]