Chapter 21.70
SUPPLEMENTARY DEVELOPMENT AND USE STANDARDS
Sections:
21.70.020 Classes of uses and development.
21.70.030 Archaeological resources.
21.70.060 Lot size computation.
21.70.120 Temporary dwellings.
21.70.150 Cluster development standards.
21.70.160 Communication facility criteria.
21.70.170 Camping cabin facilities.
21.70.180 Accessory dwelling units.
21.70.190 Short-term vacation rentals.
21.70.200 Accessory alternative energy facilities.
21.70.210 Recreational facilities.
21.70.010 Purpose—Intent.
The provisions of this chapter shall apply to all zone classifications (except for the unmapped classification) unless otherwise noted in a particular zone classification. The standards are intended for certain uses, types of development, and as additional minimum development standards for each zone classification. These standards have been set forth in a single section of this title to avoid unnecessary duplication by being listed in each zone classification. (Ord. 2005-02 (part))
21.70.020 Classes of uses and development.
Within unincorporated Skamania County there are three types of uses/development reviews.
A. Allowable Uses. Uses which are allowed outright, with review only for consistency with setbacks, density requirements and the substantive provisions of other titles of the Skamania County Code.
B. Administrative Review Uses. Uses which are allowed, with administrative review by the department for consistency with standards placed upon those uses under this title and the following:
1. Submit a completed application and fee.
2. Submit a site plan which includes the following:
a. North arrow;
b. Scale;
c. Boundaries, dimensions, and size of subject parcel;
d. Significant terrain features or landforms;
e. Existing vegetation;
f. Watercourses/drainage;
g. Location and size of existing and proposed structures;
h. Location and width of existing and proposed roads, driveways and trials;
i. Location of existing and proposed services, including water, sewage, power and telephone;
j. Location and depth of all grading and ditching.
3. Notice to all adjacent property owners within three hundred feet.
4. Fourteen-day comment period (calendar days).
5. An appeal of the planning director’s decision shall be processed and heard pursuant to SCC 21.16.070(D).
6. The subject request will be reviewed for compliance with the following:
a. Compatibility with the surrounding development/area;
b. Sufficient off-street parking;
c. Clear and safe routes of ingress and egress;
d. Adequate buffers with surrounding uses to assure visual and audible screening. Buffers may include but are not limited to open space, vegetation, and fencing.
C. Conditional Uses. Uses which are subject to review by the hearing examiner, as described in Section 21.16.070 of this title. (Ord. 2007-02 (part): Ord. 2005-02 (part))
21.70.030 Archaeological resources.
A. No development permit shall be issued in an area known to have archaeological resources until the Washington State office of archaeology and historic preservation has been notified. The Skamania County museum shall serve as reference for such archaeological areas of the county.
B. If during the excavation or development of a site or building project, which has been issued a development permit by the county an area of potential archaeological significance is uncovered all development activity shall be discontinued and the planning director shall be notified.
C. The planning director shall notify the state office of archaeology and historic preservation of a development permit application where there is a known archaeological resource during the normal permit review period, and within three working days when notified by a permittee that an archaeological find has been unearthed. The state office shall have thirty calendar days from the date of notification by the planning director to inform the county of its interest in such a site, unless the permit applicant or permittee agrees to an extension of that time period. Such interest could include recommendations which would mitigate the impact on the archaeological resource or acquisition by a public or private entity. Such recommendation by the state office shall be nonbinding on the county, permit applicant or permittee, and shall serve only as a recommendatory course of action which could be taken by the applicant or permittee to negate or mitigate any considerable effects to the archaeological resource, if the development is completed as proposed or permitted under the county development permit. (Ord. 2005-02 (part))
21.70.040 Home occupations.
A. Type of Use. Home occupations when permitted are those occupations which are carried out on the same site as a residential dwelling, including within a residential dwelling, an accessory building, or an outdoor location. Such activity shall be secondary to the use of the dwelling for living purposes.
B. Neighborhood Disruptions. No home occupation shall be permitted which creates excessive noise, dust, smoke, odor, glare, or traffic that substantially interferes or disrupts the character of the neighborhood in which it is located.
C. Exterior Modification. The home occupation must maintain or improve the external residential appearance of the dwelling, accessory buildings, or outdoor areas. Any alterations to accommodate the home occupation shall maintain compatibility with the neighborhood. One building-mounted sign and one freestanding sign, each not exceeding four square feet in area, shall be allowed.
D. Work Force Limitation. Nonmember household workers (those workers who do not live on the property) shall be limited to five persons per day. Additional individuals may be employed by or associated with the home occupation, so long as they do not work at the home occupation property.
E. The hearing examiner may approve requests for deviations from these requirements if the proposed use and deviations are determined to be in keeping with the purpose and intent of the zone classification involved and any anticipated neighborhood disruptions are mitigated. (Ord. 2021-03, 11-30-21; Ord. 2007-02 (part): Ord. 2005-02 (part))
21.70.050 Height exceptions.
The following structures are not subject to the thirty-five-foot height limitation of this title: church spires, fixed utility equipment, transmission towers, masts, aerials, geothermal rigs, wind machines, wind turbines, temporary logging equipment, flag poles, and livestock, farm and agricultural buildings or structures, such as barns, silos, and horse arenas. (Ord. 2005-02 (part)) (Ord. 2011-07, 10-25-11)
21.70.060 Lot size computation.
For purposes of computing a minimum required lot size the lot area may include one-half of the public road right-of-way adjacent to the parcel in question and private road easements within the boundary of the parcel. This computation does not affect total ownership of land or assessment of acreage for tax purposes. (Ord. 2005-02 (part))
21.70.070 Off-street parking.
On-site parking shall be required for all vehicles owned or leased by the property owner or lessee including but not limited to; passenger vehicles, boats, campers, recreational vehicles, utility trailers, farm and forestry equipment. (Ord. 2005-02 (part))
21.70.080 Outdoor storage.
Refuse storage (including unlicensed passenger motor vehicles) shall be kept in an orderly fashion and screened from public view by fencing or landscaping. This provision shall not include unlicensed logging and agricultural equipment; provided, such equipment is serviceable (in useable condition, with exception of minor repair). If such equipment is in storage as refuse or for spare parts, then it shall be screened or hidden from public view. (Ord. 2005-02 (part))
21.70.090 Public displays.
Stands shall be limited to one seasonal, movable stand for the sale and display of products. Setback shall be a minimum of fifteen feet from any public road right-of-way or private road easement or property line. (Ord. 2005-02 (part))
21.70.100 Setbacks.
A. The minimum required setback for all yards shall be measured from the public road right-of-way/private road easement centerline or property line to the furthest edge of the roof line extended vertically to the ground line, and measured perpendicular to the yard line. Where decks or porches extend beyond the roof line the setback distance shall be measured to the furthest edge of such appendages.
B. All yard lines shall be established parallel to the lot property lines.
C. The front yard for a corner, double frontage, and reversed frontage lot shall be the yard accessed by a driveway from a public or private road. (Ord. 2005-02 (part))
21.70.110 Signs.
Sign standards are as follows:
A. General Provisions.
1. No sign shall be erected or placed in such a manner so that by reasons of its position, shape, or color it may interfere or be confused with, or obstruct the view of any traffic sign, signal or device.
2. Signs shall be maintained in a neat, clean, and attractive condition.
3. Off-premise signs erected in any zone classification shall be subject to a conditional use permit.
4. Signs shall be designed to be compatible with the environment of the area. Fluorescent colors are prohibited.
5. No freestanding sign shall exceed twelve feet in total height.
B. Prohibited Signs.
1. Moving signs (exempted are time/temperature display).
2. Flashing or mobile lights; except, for seasonal holidays.
3. Signs which project over public right-of-way.
4. Neon signs (except in-store display signs).
C. Exempt Signs.
1. Traffic signs, signals, and notices erected by public authority.
2. Building plaques, corner stones, name plates, and similar building identifications.
3. House and building numbers.
4. Temporary signs in connection with political and civic campaigns; provided that such signs are removed within fifteen days following the conclusion of the campaign.
5. Signs within sports parks or arenas designed for view by patrons within such facilities.
6. Signs or notices erected by public officers pursuant to law, administrative order, or court order.
7. Informational signs erected by the forest industry to indicate forestry activities such as Christmas tree cutting, wood cutting, tree farm, road closures, road identification, fire directional, junction markers, recreation areas, and logging operations.
8. Signs indicating membership in farm organizations.
9. Signs located within a building.
10. On-premise directional signs.
11. Signs posted by property owners indicating prohibited uses like “no trespassing,” “no hunting,” “no fishing.”
12. Construction signs which identify the architects, engineers, contractors and other individuals or firms involved with the construction (but not including the advertisement of any product) during the construction period, to a maximum area of sixteen square feet for each firm. The signs shall be confined to the site of the construction and shall be removed within fourteen days of the beginning of the intended use of the project.
13. Real estate signs advertising the sale or lease of the premises or part of the premises on which the signs are displayed, up to a total area of twelve square feet. Such signs shall be removed within fourteen days of the sale or lease.
14. Rental signs on the premises announcing rooms for rent, room and board, apartment or house for rent, and not exceeding four square feet in area.
15. Signs not exceeding two square feet in area, attached flat against the building, stationary and not illuminated, announcing only the names and occupation of building tenant.
16. Governmental or official notices, flags, emblems or insignia.
Exempt signs shall be subject to provisions of subsections (A)(1), (2), (3) and (4) of this section.
D. Sign Dimensions. The total sign area permitted shall not exceed twelve times the square root of the building frontage (see sign dimension chart below). In the case of multiple occupancy of a building, it shall be the owner’s responsibility to distribute the permitted sign area between the various occupants. The maximum area of an individual ground sign shall be ninety-six square feet. Where frontage is on more than one street, only the signs computed with respect to the frontage on a street shall face that street. Frontage on a limited access highway which provides no access to the property cannot be used to compute sign area.
|
Building Frontage (feet) |
Allowed Sign Area (square feet) |
|---|---|
|
15 |
46 |
|
20 |
54 |
|
25 |
60 |
|
30 |
66 |
|
35 |
71 |
|
40 |
76 |
|
50 |
85 |
|
60 |
93 |
|
70 |
100 |
|
80 |
107 |
|
90 |
114 |
|
100 |
120 |
|
125 |
134 |
|
150 |
147 |
|
175 |
159 |
|
200 |
170 |
|
250 |
190 |
|
300 |
208 |
|
400 |
240 |
|
500 |
268 |
(Ord. 2005-02 (part))
21.70.120 Temporary dwellings.
The purpose of this section is to allow temporary dwellings under certain circumstances to satisfy personal, but not financial hardships. Because such hardships or needs are personal and generally transitory, the approval of temporary dwellings does not constitute a long-term use commitment that conflicts with the comprehensive plan and implementing ordinances.
A. An owner of a parcel shall not allow a recreational vehicle on his or her parcel to be occupied for more than fourteen consecutive days or more than a total of one hundred twenty days during a calendar year. An owner of a parcel shall not allow a mobile home to be located on the parcel if such location would result in a violation of density requirements of that zone, unless a temporary dwelling permit is issued to the parcel owner. A parcel owner may apply for a temporary dwelling permit to authorize up to one temporary dwelling on his or her parcel under no more than one of the following circumstances:
1. An occupant of the recreational vehicle or mobile home will receive continuous care or assistance from someone who resides in a dwelling unit located on the parcel at issue, or such occupant will administer such care or assistance to someone else residing on the parcel at issue; or
2. The owner or owners of a parcel are in the process of building or placing a dwelling intended for the owner’s occupancy on the parcel.
B. To apply for a temporary dwelling permit a parcel owner shall submit a completed application on a form supplied by the planning department. The application shall be accompanied by:
1. A site plan drawn to a scale large enough to allow determination of the following:
a. The size and boundaries of the parcel;
b. The size and location of access, including driveways and access easements, from the parcel to a county, state road;
c. The location and size of all existing structures on the parcel; and
d. The proposed location and size of the temporary dwelling.
2. A description of the proposed dwelling;
3. A notarized statement signed by all owners of the parcel (excluding lien holders) setting forth the circumstances which necessitate the temporary dwelling; and
4. A nonrefundable fee as set by resolution of the board of county commissioners.
5. A statement from a physician substantiating a need for a person residing on the parcel to receive or administer continuous care and assistance, if applying pursuant to SCC subsection (A)(1) of this section.
C. Every temporary dwelling authorized in accordance with this chapter shall meet the following minimum criteria:
1. The temporary dwelling shall be designed, constructed and maintained in a manner which will facilitate its removal or conversion to an approved permanent structure on expiration or termination of the permit;
2. A current vehicular license shall be maintained for the recreational vehicle used as a temporary dwelling.
3. There shall be no more than one temporary dwelling per parcel.
4. No rent, fee or payment of any kind may be paid to the parcel owner for the placement and/or occupancy of the temporary dwelling.
5. The placement of the temporary dwelling must meet the Skamania County health department requirements.
6. Setback requirements applicable to other structures in the same zone classification shall be met.
D. A permit for a temporary dwelling shall be issued by the planning director after receipt of a completed application if he or she finds grounds exist for the application under subsection A of this section and the criteria in subsection C are met.
E. If, after reviewing the completed application, the planning director determines that the applicant does not meet the requirements of this chapter, he or she shall deny the request and inform the applicant in writing of the reasons for the denial.
F. Permit Term, Renewal and Revocation.
1. Term. A temporary dwelling permit issued to an applicant based on subsection A of this section shall be valid for one year, or until the cessation of the facts creating the basis for the application, whichever occurs first. Temporary dwelling permits may be renewed only under the circumstances set forth below.
2. Renewal.
a. A request for renewal of a temporary dwelling permit issued under Section 21.70.110(A)(1) of this chapter shall be submitted by the applicant at least thirty days prior to the expiration of the permit. That request must be made by filing a statement from a physician substantiating a need for a person residing on the parcel to receive or administer continuous care and assistance, and a notarized statement listing any changes in the information provided on the application for the original permit. Such temporary dwelling permit may be renewed for twelve-month intervals if the then existing conditions for renewal are met. However, if a request for renewal of a temporary dwelling permit under this subsection is not received thirty days prior to the expiration of the permit, the permit shall become null and void.
b. A request for renewal of a temporary dwelling permit issued under subsection (A)(2) of this section shall be submitted at least thirty days prior to the expiration of the permit. That request must be accompanied by a notarized statement showing that the conditions authorizing the temporary dwelling continue to exist and listing any changes in the information provided on the application for the original permit. A temporary dwelling permit may be renewed only once and for a term no longer the term of the initial temporary dwelling permit.
3. Revocation. If the planning director determines that:
a. Any of the requirements of this chapter have not been satisfied;
b. Any of the conditions attached to the permit have not been met; or
c. The grounds authorizing the permit no longer exist.
The temporary dwelling permit may be revoked after notice to the holder of the permit. If the permit holder has not demonstrated to the planning director within seven days of the mailing of such notice that no grounds for revocation exist, then the permit may be revoked and the matter referred to code enforcement for appropriate action pursuant to SCC Chapter 21.100.
4. Expiration. Occupancy of a temporary dwelling shall cease immediately upon expiration of a temporary dwelling permit and within fourteen days after mailing, by certified mail, of notification of revocation; all utilities shall be disconnected within thirty days after the date of expiration or revocation; and, if the temporary dwelling is a mobile home it shall be removed from the parcel within thirty days after the date of expiration or revocation, unless prior to such deadlines the parcel owner can demonstrate to the planning director that grounds did not exist for revocation. An unoccupied recreation vehicle may be stored on the property with all utilities disconnected, except for electrical power.
5. An appeal of the planning director’s decision under this chapter shall be processed and heard pursuant to SCC Section 21.16.070(D). (Ord. 2005-02 (part))
21.70.130 Vision clearance.
The board may order the removal or modification of sight obstructions which constitute a traffic hazard to operations of motor vehicles on public roads. (Ord. 2005-02 (part))
21.70.140 Lot reduction.
A. No property may be so reduced in area that it would be in violation of minimum lot size, yard provision lot coverage, off-street parking or any other requirements of the zone classification or use. However, lots may be so reduced in area for purposes of disposing of a second or multiple legally placed or constructed single-family dwellings which existed prior to the adoption of the zoning requirements which prohibited such reduction provided the lots would not be in violation of other requirements of the zone classification.
B. Lots may also be so reduced in area for purposes of establishing a building or use for public works, fire district, hospital district, or public and private provided such lots are restricted to the use and restricted from locating dwelling units thereon, and that such restrictions appear on the face of any plat creating same, and provided further, that such lots would not be in violation of other requirements of the zone classification. Setback requirements for such lots: front yard - if accessed by public road, in accordance with setback requirements for public roads, otherwise, five feet from property line. Side and rear yard - five feet from property line. However, no building or structure may be located within any easements. (Ord. 2005-02 (part))
21.70.150 Cluster development standards.
Development which is preplanned in its entirety with the subdivision and zoning controls applied to the project as a whole rather than to individual lots. Densities are calculated for the entire development, usually permitting a trade-off between clustering of housing and open space held in common by lot owners.
A. Where authorized, land divisions may create parcels smaller than the designated minimum size and may include a density bonus in order to cluster new development. Approval of cluster developments shall be contingent upon submission of plans specifying dwelling/structure sites and common areas.
B. Density bonuses shall be allowed only if clustering development will result in one or more of the following objectives:
1. Avoidance of significance landscape features;
2. Protection of the rural residential character of the landscape setting;
3. Reduction of interference with movement of deer or elk;
4. Consolidation of road access, septic drain fields or other development features to reduce impacts associated with grading or ground disturbance;
5. Reduction of adverse effects upon riparian areas, wetlands, natural areas, sensitive wildlife sites or habitat;
6. Increase in the likelihood of agricultural or forest management on the undeveloped land left by the cluster development; or
7. To allow a parcel which is partially within an urban exempt area and partially within the national scenic area (see Title 22) to realize the full density which would be allowed on the parcel if it were located entirely within the urban exempt area and within the same zone.
C. Following cluster development, no further division of any resulting parcel shall be allowed until and unless the property has a legislative or quasi-judicial map amendment to allow a greater density on the entire parcel than was allowed at the time the cluster development was created.
D. In the Carson Planning area, cluster developments may create up to twenty-five percent more parcels than otherwise allowed by the minimum parcel size on lands zoned high density residential, up to thirty-five percent more than otherwise allowed in the rural residential zone, and up to fifty percent more than otherwise allowed in the rural estate zone.
E. At least fifty percent of the land subject to a cluster development shall be permanently protected as undeveloped land. (Ord. 2005-02 (part))
21.70.160 Communication facility criteria.
A. The purpose of this chapter is to set forth regulations for the placement, development, and permitting communication facilities, including communication towers and antennas. These standards are designed to comply with the Telecommunications Act of 1996 and intended to minimize visual impacts and flight hazards while furthering the development of enhanced telecommunication services in the county.
B. Unless otherwise exempted under SCC subsection C of this section, the requirements of this chapter shall apply to the installation of any communication facilities, and the expansion and/or alteration of any communication facilities existing as of the effective date of this title, that are located within the unincorporated areas of the county, except for the general and special management area portions of the national scenic area.
C. The following facilities and activities are exempt from the provisions of this chapter:
1. Direct-to-home satellite services in any zoning district;
2. Antennas for citizen band radios and amateur (or ham) radio facilities; provided, such antennas and facilities are no more than sixty-five feet above the ground level;
3. Military, federal, state and local government communication facilities that are used for emergency preparedness and public safety purposes; provided, such facilities are no more than one hundred fifty feet above ground level;
4. Maintenance, repair and replacement of existing communication facilities and related equipment that do not increase the size, footprint, or bulk of such facilities and that complies with local, state and federal laws and regulations; and
5. Attached communication facilities located on BPA towers.
D. The development standards that follow shall apply to all nonexempt communication facilities and alterations thereto.
1. Height.
a. An attached communication facility shall not add more than twenty feet in height to an existing building or other structure to which it is attached.
b. Communication towers shall have the following maximum height as measured from the ground to the highest point on the communication facility, including the associated array:
i. One hundred twenty feet in the R-1, R-2, R-5, R-10, RES-20, CC, CR; Carson: HDR, RR, RE, DR, C; and Northwestern Lake: R-2, R-5.
ii. One hundred fifty feet in the MG, FORAG-10, FORAG-20; Carson: I.
c. Accessory equipment structures shall have a maximum height of thirty-five feet as measured from the ground to the highest point on the structure.
2. Setbacks.
a. Attached communication facilities may extend up to five feet horizontally beyond the edge of a property setback, building or structure to which it is attached, so long as the attached communication facility does not encroach upon any easements nor upon an adjoining parcel or public road right-of-way.
b. All communication towers shall be set back from all property lines the greater of the following distances: fifty feet or one foot for every foot in height of the communication tower.
c. Accessory equipment structures shall meet the setback requirements for accessory buildings in the underlying zoning district in which they are located.
3. Lighting and Fencing.
a. Lighting, if any, of a communication facility shall be as required by the Federal Aviation Administration (FAA), which shall, to the extent feasible, be installed in a manner to minimize impacts on adjacent residences.
4. Painting.
a. All painting of communication facilities shall be consistent with any such requirements of the FAA.
5. Aviation Requirements.
a. All communication facilities must comply with Federal Aviation Regulation Part 77, Objects Affecting Navigable Airspace, including but not limited to, providing such notice to the FAA as required thereunder and compliance with all requirements or prohibitions imposed by the FAA on the applicant’s proposed communication facility.
b. All communication towers shall be located at least one-half mile from the end of and at least one thousand feet from the sides of all runways which are available for public use and identified on the most current edition of the Sectional Aeronautical Charts produced by the National Aeronautical Charting Office (NACO).
6. Landscaping and Screening.
a. Landscaping shall be placed within or outside of the security fence and shall consist of fast growing vegetation with a minimum planted height of six feet, and placed so as to form a solid hedge within two years of planting.
b. An applicant may choose to provide brown privacy slats within the security fence rather than plant new vegetative screening.
E. Where stated in this title that a communication facility may be permitted upon administrative review, the following procedures set forth in SCC subsections F through N of this section shall apply.
F. The communication facility owner shall submit a complete application consisting of:
1. A completed application form supplied by the planning department and signed by the facility owner and the parcel owner;
2. A scaled site plan detailing: the outer boundary and dimensions of the property, all structures located on the parcel, the location of and height of the proposed communication facility, the distances from all proposed structures to all parcel lines, the distance of the proposed communication facility to the nearest point of the nearest runway of the nearest airport available for public use, the location of all public and private roads, the location of all easements, location of existing and proposed landscaping, the scale and a north arrow;
3. For communication facilities proposed to be located within four miles of the nearest point of the nearest runway of the nearest airport available for public use, the applicant must provide a written statement from the Federal Aviation Administration (FAA) that confirms the FAA has reviewed the proposal and which sets forth the FAA’s response, comments and requirements, if any, for the proposal; and
4. For communication facilities proposed to be located within four miles of a runway identified on the most current edition of the Sectional Aeronautical Charts produced by the National Aeronautical Charting Office (NACO), the applicant must provide a scale site plan showing the location of any such runways.
G. A nonrefundable application fee as established by resolution of the board of county commissioners shall be paid at the time the application is submitted.
H. The planning director shall refer the matter to appropriate agencies, allowing fourteen calendar days for their comments, and shall issue a communication facility permit if he or she determines that the proposed attached communication facility and/or communication tower will conform with the development regulations set forth in subsection D of this section and any other applicable SCC provisions.
I. Notice of the planning director’s decision as to whether the communication facility meets the necessary criteria and of the planning director’s decision whether to allow the use requested under this chapter shall be sent by first class mail to all persons signing the application.
J. Notice of the planning director’s decision will also be sent to the owners of all real property, as shown in the records of the Skamania County assessor, located within three hundred feet of any boundary of the property for which the proposed communication facility will be located; provided, if the owner of the property for which the property for which the proposed facility will be located owns another parcel or parcels adjacent to such property, notification also shall be mailed to owners of real property located within three hundred feet of any boundaries of such adjacent parcels.
K. The notification shall contain a statement as to whether the proposed use is not allowed or allowed and under what conditions.
L. The notification shall state that any person with standing shall have fourteen calendar days to file a written appeal of the planning director’s decision.
M. The planning director’s decision shall be deemed final upon the date of mailing of the written decision, unless a timely appeal is filed pursuant to subsection N of this section.
N. An appeal of the planning director’s decision under this chapter shall be processed and heard pursuant to subsection D of this section. (Ord. 2005-02 (part))
21.70.170 Camping cabin facilities.
A. Purpose.
1. Skamania County has a wide range of natural features, including climate, vegetation, water resources, scenic qualities, cultural, and geological features, which are desirable for a wide range of recreational users. The purpose of this section is to enhance and diversify the recreational and economic opportunities in Skamania County through the development of camping cabin facilities that complement the natural and cultural attractiveness of the area without significant adverse effects on natural and environmental features, and cultural or historic resources. This section allows for development of camping cabin facilities, which shall provide a designed mixture of visitor-oriented accommodations, and recreation uses consistent with the comprehensive plan.
B. Camping Cabin Standards.
1. Each camping cabin shall be allowed a maximum footprint of nine hundred square feet measured to outside of exterior walls (not including decks);
2. Total floor area for each camping cabin shall not exceed one thousand two hundred square feet (not including decks);
3. Decks shall be limited in size to thirty percent of the buildings footprint to which the deck is attached. Decks may be covered but shall not be enclosed.
4. Above or below ground basements are prohibited.
5. Crawl spaces must meet the minimum building code requirement but shall not exceed forty-eight inches to the bottom of the floor joists.
6. Camping cabins shall be separated from other buildings and structures by at least ten feet;
7. Camping cabins are detached facilities and shall not be connected to another building;
8. Individual camping cabins shall not have attached accessory structures but shall be allowed one temporary or permanent detached accessory structure with a maximum footprint not to exceed two hundred square feet;
9. At least two hundred square feet of parking space shall be required for each vehicle, with a minimum of two parking spaces located at each camping cabin. A common overflow parking area shall be provided equal to ten percent of the required number of spaces. Common parking areas shall be uncovered and no parking structures shall be allowed above or below ground.
10. No person seeking to develop a camping cabin facility shall be permitted to divide the land so that an individual cabin is located on an individual parcel. The owner of the development shall be permitted to sell the camping cabin units individually, but the land the structure is located on shall stay under the ownership of one entity. If the camping cabins are sold separately the development shall continue to function as one entity with respect to but not limited to: lot access, interior circulation, common area, landscaping, drainage facilities, maintenance, and parking.
11. Camping cabin facilities shall not be full time residential dwelling units.
12. The camping cabin facilities shall meet all applicable state and local health jurisdiction requirements.
13. Utility sheds for each individual camping cabin shall be allowed to house individual power generators. The utility shed shall be designed to meet the need of each individual cabin and they shall be no larger than necessary to store a generator and related power generation components. The utility shed shall be for the purpose of power generation only and is prohibited for use as a storage unit or storage area.
C. Density Requirements.
1. The maximum overall density for a camping cabin facility shall not exceed one individual camping cabin per acre within the approved development. No land division shall be approved to locate existing or proposed camping cabins onto separate parcels from the approved development.
D. Common Area.
1. At least fifty percent of the total land within all camping cabin facilities shall be designated as common area on the site plan.
a. Common area shall be land dedicated to common facilities such as picnic shelters, gazebos, restrooms, playgrounds, water systems, utility facilities, overflow parking areas, or recreation space.
b. At least half (fifty percent) of the common area must be suitable for active recreational pursuits and not include any buildings or structures.
c. This common area shall not include roads, or any commercial uses. The layout of common facilities and circulation (vehicular and pedestrian) within the development shall be designed in such a way to protect the public health, safety, and welfare. Pedestrian safety shall be addressed at points where walkways cross roads.
E. Proposed Site Plan Requirements.
1. The applicant(s) shall submit a proposed site plan drawing of the camping cabin facility to the county planning department in addition to the required conditional use permit application. The proposed site plan drawing shall be drawn to a scale of at least one hundred feet to one inch, on an eighteen inch by twenty-four inch paper, showing at least, but not limited to, the following features:
a. The area and dimensions of the parcel of land, indicating the portion to be used for the camping cabin facility;
b. The scale of the map and north directional indication;
c. The number, approximate location, and size of all proposed camping cabin sites;
d. The approximate location, names, and widths of all access roads, interior roads, and easements;
e. The approximate location of all existing and proposed structures, including but not limited to buildings, fences, culverts, bridges, roads and railroads;
f. The approximate location of all existing and proposed sewage disposal and water systems or wells, all existing and proposed utility lines and easements;
g. The approximate location of all areas to be preserved as buffers or reserved for a public or private use as recreational and open space;
h. The approximate location of all wetlands and the approximate location and direction of flow of all streams, creeks, and rivers;
i. A vicinity map;
j. Major pedestrian, equestrian, bicycle trails, ski trails, and any other recreational system, (if applicable);
k. If the development is proposed to occur in phases, a graphic breakdown of each phase as it relates to the whole development and its general timetable for completion.
2. A title report shall be submitted by the applicant for the property being developed which includes the legal description, all easements, and encumbrances of record, the status of property taxes, and confirms the ownership interest is vested in the name of the owners whose signatures appear on the application. Title reports cannot be more than two months old at the time the final site plan is recorded.
3. All conditional use applications shall be complete with all required information prior to review. An application lacking sufficient information for review shall be returned by the administrator and shall be accompanied by a written statement citing the reasons for return.
4. In addition to the above requirements, the applicant may be required to submit additional information as requested by the administrator.
F. Final Site Plan.
1. Following the approval of the proposed site plan by the hearing examiner, the applicant(s) shall have one year to meet the conditions of approval and to submit a final site plan, drawn by a Washington State licensed professional land surveyor, incorporating any changes required in the preliminary approval, unless the administrator grants an extension. An applicant’s request for an extension must be received in the planning department at least ten days before the deadline expires. If the administrator finds that the applicant has been duly diligent in attempting to submit a final site plan, the administrator may extend the deadline for an additional six months. The administrator may only grant three extensions.
2. The final site plan shall be administratively reviewed and approved if in compliance with the requirements set out herein and the conditions of approval required by the hearing examiner. The final site plan shall be on a sheet of stable base mylar polyester film having dimensions of eighteen inches by twenty-four inches. All drawing and lettering shall be in permanent black ink. All signatures affixed to the final site plan shall be original and written in permanent black ink. The final site plan shall include all of the information in the proposed site plan along with any amendments required by conditions of approval and the following information for recording in the county auditor’s office:
a. The legal description of the parcel the development plan is located within;
b. The name, signature, and certification stamp of the Washington State Registered Professional Land Surveyor;
c. A certificate giving:
i. A statement that the development has been made with the free consent and in accordance with the desires of the owner(s);
ii. The notarized signatures of the owner(s) having an interest in the land being developed.
iii. The owners name printed below the owner’s signature line.
d. The signature block on the final site plan shall include individual spaces for the signatures of the administrator, county engineer, county treasurer, county assessor, local health department authority, and county auditor. Specific wording for the individual space shall be determined by each department prior to mylar printing.
e. The applicant shall pay for the cost of recording the final site plan in the auditor’s records. The recording fee shall be submitted to the planning department along with the final site plan for recording. The recording fee shall be made payable to the Skamania County Auditor.
3. The camping cabin facility shall not be allowed to operate until the final site plan has been recorded and all conditions of approval have been met.
G. Modification of Approved Permit. The final site plan may be amended or modified at the request of the applicant or the applicant’s successor in interest by applying with the hearing examiner to amend the conditional use permit approval. If the request is approved then the modified final site plan shall be recorded in the auditor’s records following the same procedure as the original final site plan. (Ord. 2012-02, 5-1-12)
21.70.180 Accessory dwelling units.
A. Purpose. The purpose of this section is to provide homeowners with the ability to establish an accessory dwelling unit (ADU) while minimizing impacts to the character of the surrounding area. An ADU is a separate dwelling unit, having its own living, kitchen, sleeping and bathroom facilities, that is subordinate to a principal dwelling unit. An ADU may be attached or detached, but is clearly subordinate to the principal dwelling in terms of size, use and appearance. ADUs meeting the standards and criteria in this section are considered part of the principal single-family dwelling.
B. Standards and Criteria.
1. Only one ADU may be established per legal lot of record and only if a lot contains one principal dwelling unit and no other dwellings.
2. An ADU may be attached to, or detached from, the principal unit. If detached, the ADU shall be located within two hundred feet of the principal unit, unless the local health authority determines that a greater setback is required. Detached ADUs shall be set back at least twenty feet from the front of the principal unit and twenty feet from any adjacent parcel.
3. ADUs shall conform to all applicable standards in the building, plumbing, electrical, mechanical, fire, health, and any other applicable codes. Applicants for an ADU must provide proof of potable water and on-site septic and proof that existing systems have adequate capacity.
4. An ADU shall not have more than two bedrooms and shall not be larger than eight hundred square feet in size. If an ADU is located within or above an accessory building (such as a garage or workshop), the total square footage of that building shall not exceed twice the square footage of the accessory dwelling unit.
5. ADUs shall be designed to be compatible with the principal unit and located so that the appearance of the property remains that of a single-family residence. The use of the same or complementary materials, colors, and architecture is encouraged.
6. At least one dedicated off-street parking space shall be provided for the ADU. The ADU shall be accessed by the same road approach and driveway accessing the principal unit. In no case shall a second road approach be constructed to allow an ADU.
7. Home occupations shall be allowed, subject to Section 21.70.040, in either the ADU or the principal unit, but not both.
8. Either the ADU or the principal unit, but not both units, may be rented as a short-term vacation rental.
C. Preexisting Accessory Dwelling Units. ADUs established without the benefit of permits prior to the adoption of this section may be permitted as a legal ADU.
1. If by July 1, 2019, the owner of a property with an unpermitted ADU applies for an ADU building permit then no penalties shall be imposed and the following applies:
a. The property owner shall arrange for an inspection of the ADU by the building official who will provide the property owner with a list of any required corrections.
b. The property owner shall make all reasonable efforts to bring the ADU into compliance with the standards listed under subsection (B) of this section, including the requirements for compatibility with the principal unit. The planning director may waive any of the requirements under subsection (B) of this section, if strict compliance would cause an unreasonable hardship.
2. If by July 1, 2019, the owner of a property with an unpermitted ADU fails to apply for an ADU building permit then the property owner may still apply for an ADU building permit, but shall be required to pay an after-the-fact permit fee and the ADU shall comply with the standards listed under subsection (B) of this section.
D. Application Procedure. An application for an ADU building permit shall be made to the building division on a form provided by the building division. The application shall include at a minimum:
1. A site plan.
2. Building plans.
3. Proof of water and septic availability or of submission of an on-site septic design application. (Ord. 2020-08, 12-8-20; Ord. 2017-06, 12-19-17)
21.70.190 Short-term vacation rentals.
A. Purpose. The purpose this section is to establish regulations for the operation of short-term vacation rentals (STVRs) in Skamania County. These regulations do not apply to hotels, motels, or bed and breakfasts which operate as commercial uses. The provisions in this section are necessary to promote tourism and economic development within Skamania County while preventing unreasonable burdens on services and minimizing impacts to rural residential neighborhoods.
B. Development Standards and Operational Requirements.
1. A STVR may be located within any dwelling unit (including any entire dwelling unit or any portion of a dwelling unit), within any accessory dwelling unit, or within a residential accessory building. A park model recreational vehicle may be used as a STVR in accordance with the occupancy restrictions in Section 21.70.120(A).
2. Dedicated on-site parking shall be provided to accommodate all guests.
3. The STVR shall conform to all applicable standards in the building, plumbing, electrical, mechanical, fire, health (water and septic), and any other applicable codes. Functioning carbon monoxide detectors and smoke detectors shall be kept in operating order and installed as required by the International Residential Code (IRC). At least one functioning fire extinguisher shall be installed within the STVR.
4. Address numbers for the STVR shall be visible from the road.
5. The STVR shall be operated in a way that will prevent disturbances to neighboring properties not typical of a residential neighborhood, including but not limited to loud music, loud noises, excessive traffic, loud and uncontrolled parties, junk/debris/garbage accumulation in the yards, trespassing, barking dogs, or excess vehicles, boats or recreational vehicles parked in the streets in front of the unit. The rental shall not be used at any time to host commercial events, unless the rental is associated with an approved commercial event center.
C. Liability Insurance and Taxes.
1. Per RCW 64.37.050, a STVR operator must maintain primary liability insurance to cover the STVR in the aggregate of not less than one million dollars or conduct each STVR transaction through a platform that provides equal or greater primary liability insurance coverage.
2. Per RCW 64.37.020, STVR operators must remit all applicable local, state, and federal taxes unless the platform does this on the operator’s behalf.
D. Short-Term Vacation Rental Permits. All operators of STVRs shall maintain a short-term vacation rental permit as required in this section. It is a violation of this section to rent, offer for rent, or advertise for rent a STVR without first obtaining a STVR permit.
1. Application Procedure.
a. An application for a STVR permit shall be made to the community development department on a form provided by the department. The application shall include at a minimum:
i. Property owner information and the information for a contact person who must be available to respond twenty-four hours a day, seven days a week to any complaints or inquiries.
ii. Occupancy limit for the STVR as determined by the operator.
iii. A statement allowing the county reasonable access to the property for the purpose of verifying compliance with this section should the county receive complaints about the STVR.
iv. A statement that the STVR complies with the development standards and operational requirements in subsection (B) of this section.
v. A statement of intent to notify all property owners of record and/or occupants of properties within three hundred feet of the STVR. The notice shall include the telephone number of the owner and contact person. The purpose of this notice is so that neighbors can contact a responsible person to report and request resolution of problems associated with the STVR.
vi. A statement of intent to collect and remit all required taxes associated with the STVR and to provide liability insurance coverage as required by Chapter 64.37 RCW.
b. Applications shall be accompanied by a nonrefundable fee payable to the Skamania County treasurer in an amount established by the board of county commissioners. Application fees will be prorated if issued for less than half of the annual term.
c. The operator shall post a copy of the current permit in a conspicuous place in the STVR.
2. Term of Annual Permit.
a. A STVR permit shall be issued for a period not to exceed one year, with its effective date running from the date of issuance to December 31st.
b. STVR permits may be renewed annually. Operators shall report on the prior year’s occupancy at the time of renewal.
3. Revocation.
a. In addition to other enforcement options available to the county under Chapter 21.100, the following provisions apply to violations of this section:
i. Failure to meet the operational requirements of subsection (B) of this section or the discovery of material misstatements or providing of false information in the application or renewal process is grounds for immediate revocation of the permit.
ii. Other violations of this chapter, including but not limited to investigation/sustaining of complaints, shall be processed as follows:
(A) For the first and second violations within a twelve-month period, the sanction shall be a warning notice.
(B) If the same offense continues to occur or a third similar offense occurs at any time during a twelve-month period, the county may either issue a third warning, update the permit to include reasonable special operational standards, or revoke the permit.
b. The period of time for which a permit is revoked will be determined on a case-by-case basis, but shall not exceed twelve months.
c. If the STVR permit is updated or revoked, the community development department shall send written notice to the owner stating the basis for the decision. Operators may appeal the decision to the board of county commissioners within fourteen calendar days. Upon receipt of an appeal, the community development department shall stay the update or revocation decision until the appeal has been finally determined by the board of county commissioners. (Ord. 2020-08, 12-8-20)
21.70.200 Accessory alternative energy facilities.
A. It is the purpose of this section to promote the safe, effective, and efficient use of small-scale accessory alternative energy facilities, while setting practical guidelines for such implementation that are respectful of the neighborhood context within which such systems may occur. These facilities include, but are not limited to, solar and wind energy systems. This section does not apply to or authorize utility scale or commercial alternative energy systems.
B. Energy produced by accessory alternative energy facilities is intended to be utilized on site; however, excess energy output may be delivered to the utility grid if the owner has coordinated with and met all requirements of the grid operator.
C. Unless otherwise noted in this section, accessory alternative energy facilities are considered an accessory use related to the primary use of the property and shall be allowable in all zoning classifications. Compliance with this section shall not remove an applicant’s obligation to comply in all respects with the applicable provisions of any other federal, state, local law, or regulation, or relieve any person of the requirement for the safe and proper installation and operation of all equipment.
D. Accessory Solar Energy Facilities.
1. Building-Mounted Solar Energy Facilities.
a. Height. May extend up to five feet above the standard height limitation.
2. Freestanding Solar Energy Facilities.
a. Setbacks. Shall comply with the setbacks for accessory structures.
b. Height. Shall not exceed twenty feet.
3. Facilities shall be designed and located to avoid, to the extent possible, glare or reflection onto adjacent properties, businesses, residential homes, and adjacent roadways and shall not interfere with traffic or create a safety hazard. Where appropriate, impacts may be mitigated with plantings or other screening methods.
E. Accessory Wind Energy Facilities.
1. Building-Mounted Wind Energy Facilities.
a. Height. May extend up to fifteen feet above the standard height limitation.
2. Freestanding Wind Energy Facilities.
a. Facilities shall be sited and designed to minimize noise and visual impacts to the surrounding community.
b. Perch deterrents shall be placed on all surfaces where birds may be attracted and struck by a moving component on the tower, such as by the sweep of a wind turbine blade.
c. Height.
i. For parcels five acres or less in area, the facility height shall be limited to eighty feet, measured from the ground to the highest point of the blade.
ii. For parcels larger than five acres in area, the facility height shall be limited to ninety-five feet, measured from the ground to the highest point of the blade.
iii. Minimum blade clearance shall be fifteen feet from the ground and other obstacles.
d. Setbacks. The facility tower shall be no closer to the property line than one and one-half times the total height of the facility.
e. Review Requirements. Freestanding wind energy facilities taller than thirty-five feet shall be reviewed through the conditional use process.
3. Noise Restrictions. Except for wind energy systems accessory to agricultural uses, forestry uses, or systems located in commercial or industrial zones, no wind energy system shall exceed fifty-five dBA when measured at the property line.
F. Any alternative energy facility which becomes inoperable shall, at the owner’s expense, be made operational or shall be removed from the property within one year of the date the system became inoperable. (Ord. 2021-01, 5-25-21)
21.70.210 Recreational facilities.
A. It is the purpose of this section to promote the development of recreational facilities related to the county’s abundant recreational, scenic, and natural amenities in a manner that is respectful of adjoining land uses and consistent with the comprehensive plan.
B. The requirements of this section apply to commercial and public recreational facilities. This section does not apply to the uncompensated use of land by a private property owner and their guests for their own personal enjoyment.
C. Standards for All Recreational Facilities.
1. Adequate on-site parking shall be provided.
2. Any lighting shall be fully shielded and directed downward to limit off-site glare.
3. Adequate sanitation facilities shall be provided for all uses.
4. Uses shall comply with the noise regulations in Chapter 8.22.
5. Uses shall comply with all environmental health requirements, including those related to water, septic, food service, and pools.
6. A caretaker residence may be allowed upon a demonstrated need.
D. Standards for Campgrounds.
1. A minimum parcel size of five acres is required.
2. All campsites and facilities shall be set back one hundred feet from neighboring property lines. This setback may be reduced to fifty feet with adequate visual screening.
3. Campsite density shall not exceed ten units per acre. Cabins and yurts may make up no more than fifty percent of the total number of campsites.
4. Occupancy shall be limited to fourteen days, except for caretakers or camp hosts.
E. Standards for Rural Event Centers.
1. A minimum parcel size of five acres is required.
2. All event areas shall be set back one hundred feet from neighboring property lines.
3. Noise originating from the site shall be buffered to the maximum extent possible.
4. Lodging facilities including cabins, yurts, or campsites are allowed as an accessory use to provide lodging for event attendees. Lodging facilities may be made available to the general public on days when events are not taking place if this use is requested and approved with a conditional use application.
5. Conditional use applications for rural event centers shall include proposed hours of operation, proposed maximum number of annual events, and maximum event occupancy.
6. These standards do not apply to use of a private property by a property owner to host personal events, including weddings, reunions, and celebratory parties for family and friends, provided they are not collecting a fee for such an event.
F. Standards for Retreat Centers and Group Camps.
1. A minimum parcel size of ten acres is required.
2. All facilities shall be set back one hundred feet from neighboring property lines. This setback may be reduced to fifty feet with adequate visual screening.
3. Lodging facilities may include individual guest rooms, cabins, yurts, campsites, or similar facilities, but shall not include full kitchens. Retreat center lodging facilities may be made available to the general public if this use is requested and approved with a conditional use application.
4. Group camp occupancy shall be limited to fourteen days, except for camp hosts. (Ord. 2021-02, 6-22-21)