Loading...
NOH: Ord 1293 amending Lewis County Code Chapter 15.15 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF LEWIS COUNTY, WASHINGTON NOTICE OF A PUBLIC HEARING TO CONSIDER ORDINANCE ) RESOLUTION NO. 18- 25 1 1293, AN ORDINANCE AMENDING LEWIS COUNTY CODE ) CHAPTER 15.15—BUILDING SETBACK REGULATIONS ) WHEREAS, the Lewis County Code (LCC) contains Chapter 15.15—Building Setback Regulations—a section that details standards for building setbacks from public rights-of-way; and WHEREAS, under the chapter, a 55-foot setback is required from the centerline of a right-of-way that is under 60 feet in width, and a 25 foot setback is required for roads greater than 60-feet in width, and no special provisions are made for alleys or smaller roads, or areas with existing development that make it unlikely that the right-of-way will ever expand; and WHEREAS, the setbacks within the chapter are crafted in part to ensure that Lewis County will not have to purchase a structure in the future if a right-of-way needs to be expanded; and WHEREAS, if a right-of-way is unlikely to be expanded, the building setbacks serve a limited purpose; and WHEREAS,to reduce the instances where a larger setback may be required, but the road or alley will never be expanded, Lewis County desires to better distinguish when the building setbacks from a roadway may be required; and WHEREAS, a public hearing is required to make this Lewis County Code change. NOW THEREFORE BE IT RESOLVED that the Lewis County Board of County Commissioners will hold a public hearing on September 17, 2018 to take public testimony and/or written comment on the adoption of Ordinance 1293, amending Lewis County Code Chapter 15.15; and BE IT FURTHER RESOLVED that the Clerk of the BOCC is hereby instructed to proceed with all appropriate and necessary notifications, posting and publication for the code change as required by law. PASSED IN REGULAR SESSION THIS °.. DAY OF 0.nv.A 2018. APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS Jonath Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON (ag, AO ` - / By: Civil puty Prosecuting Attorney Ed.. J. Fund, C air ]i ' s?'`/ iti„., G ATTEST: R..ert C. ckson, Vic hair •••cPUNTrW• ,f/,5; r, Cidrk of the Board, i -o• Gary Stamp r, Commissi •o 5 SINCE ®N t` 1845 I i• .,kt,,Nss, cke •*•'G7ONS\sc•• ••• ••• NOTICE OF PUBLIC HEARINGS BEFORE THE LEWIS COUNTY BOARD OF COUNTY COMMISSIONERS AND INTENT TO ADOPT NOTICE IS HEREBY GIVEN that the LEWIS COUNTY,WASHINGTON, BOARD OF COUNTY COMMISSIONERS will hold two public hearings on September 17, 2018, starting at or after 10:00 AM. The first public hearing will consider Ordinance 1292.This ordinance would combine the two tables in Chapter 17.42; add the Rural Area Industrial,Tourist Service Area, and Park zones to the table; consolidate the standards for specific land uses into a new Chapter 17.142; and make related changes to the zoning code. The second public hearing will consider Ordinance 1293, amending Chapter 15.15—Building Setback Regulations.This change would: clarify the required setbacks for alleys; better articulate the process to reduce setbacks from rights-of-way; and remove the standards for setback variances. The public hearings will be at the Lewis County Courthouse, Commissioners' Hearing Room, 351 NW North Street,Chehalis,WA.At the hearings, individuals will be invited to speak and/or provide written statements regarding the proposed changes.All individuals wishing to speak are encouraged to attend. Written comments may be submitted in advance of the hearings to: fred.evander @lewiscoutywa.gov. Details about the proposals are available online at http://lewiscountywa.gov/community- development. Hard copies are available at Lewis County Community Development, 2025 NE Kresky Ave., Chehalis WA;the Timberland Regional Libraries located in Chehalis, Centralia, Salkum, Randle, Packwood, and Winlock; and the Lewis County Senior Centers in Morton, Packwood,Toledo,Twin Cities (Chehalis), and Winlock. The meeting site is barrier free. People needing special assistance or accommodations should contact the Community Development Department 72 hours in advance of the meeting. Rieva Lester/Publish in the Chronicle on August 14, 2018 ORDINANCE 1293 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF LEWIS COUNTY, WASHINGTON AN ORDINANCE OF THE COUNTY OF LEWIS, AMENDING ) ORD 1293 CHAPTER 15.15—BUILDING SETBACK REGULATIONS— ) TO REDUCE THE INSTANCES WHERE A LARGER SETBACK ) MAY BE REQUIRED, BUT THE ADJACENT ROAD OR ALLEY ) WILL NEVER BE EXPANDED ) WHEREAS,the Lewis County Code (LCC) contains Chapter 15.15—Building Setback Regulations—a section that details standards for building setbacks from public rights-of-way; and WHEREAS, under the chapter, a 55-foot setback is required from the centerline of a right-of-way that is under 60 feet in width, and a 25-foot setback is required for roads greater than 60-feet in width, and no special provisions are made for alleys or smaller roads, or areas with existing development that make it unlikely that the right-of-way will ever expand; and WHEREAS,the setbacks within the chapter are crafted in part to ensure that Lewis County will not have to purchase a structure in the future if a right-of-way needs to be expanded; and WHEREAS, if a right-of-way is unlikely to be expanded,the building setbacks serve a limited purpose; and WHEREAS,to reduce the instances where a larger setback may be required, but the road or alley will never be expanded, Lewis County desires to better distinguish when the building setbacks from a roadway may be required; and WHEREAS,the Board of County Commissioners (BOCC) held a public hearing on September 17, 2018, prior to making this Lewis County Code change; and WHEREAS,following the public hearing, the BOCC considered the proposed change to be in the public interest of residents in Lewis County; NOW THEREFORE BE IT RESOLVED that the Lewis County BOCC do hereby amend portions of Chapter 15.15 of the Lewis County Code as follows: SECTION 1: Chapter 15.15 is amended as follows: Chapter 15.15 BUILDING SETBACK REGULATIONS Sections: 15.15.010 Name and purpose. Ordinance 1293 I Page 1 15.15.020 Definitions. 15.15.030 Applicability. 15.15.040 Setback. 15.15.050 Variance. 15.15.060 Notice and penalties. 15.15.070 Fees. 15.15.010 Name-and--pPurpose. _{1-}-Name.-This chapter shall-be-known-as-the-Lewis-County road-right-o#way-setback-chapter- (21)Purpose.The purpose of this chapter shall-beis to establish standard setbacks for buildings along Lewis County road rights-of-way, and to promote the safety, health, welfare, comfort, and well-being of the residents of Lewis County;-and toprovide-for-notice-to prospective-builder-s-along-county-road rights- of-way of-appropriate setbacks. [Ord. 1157, 1998; Ord 1043 Art. I, 1975] 15.15.020 Definitions. (1) "Board" means the Lewis County board of commissioners. (2)"Building section" means the Lewis County community development departmentivision, building section. (3) "Building" means all residential buildings, attendant outbuildings, or commercial/industrial structures which are intended for use as housing for human beings, animals, or carrying on any commercial/industrial enterprise; provided such term shall not mean any fence, sign, or any similar structure. (4)"County" means Lewis County, a political subdivision of the state of Washington. (5) "Right-of-way" means a Lewis County road right-of-way, either existing-car,.to be dedicated as-part-of-a future-subdivision-of landor otherwise acquired. (6) "Setback" means the minimum distance between any portion of a any-building and a right-of-way boundary or centerline as hereinafter described. [Ord. 1157, 1998; Ord 1043 Art. II, 1975] 15.15.030 Applicability. (1)Applicability. Provisions of this chapter shall apply to all construction commenced upon or after the effective date of the ordinance codified in this chapter of-for any residential building, attendant outbuilding, or commercial/industrial structure upon any parcel of real estate bounded on any-one or more sides by any-one-or--more-a county road rights-of-way, or rights-of-way to be dedicated in the future to the county within a platted area. Ordinance 1293 I Page 2 (2) Requirements Maintained. Nothing in this chapter shall have the effect of waiving any of the requirements Chapter 5 of the International Building Code, and pursuant to Chapter 15.05 LCC pertaining to allowable area increases. [Ord. 1157, 1998; Ord 1043 Amendment 2, 1984; Ord 1043 Art. 111, 1975) 15.15.040 Setback. (1) Minimum Setback, 60-Foot Right-of-Way. (a)The Mminimum building setback from any county road right-of-way, 60 feet in width or less, shall be 55 feet from the right-of-way centerline, as established by the records of the Lewis County engineer. Provided that this standard shall not apply to alleys. (b)Where the existing right-of-way has only been constructed as a half street improvement(and the other half has not yet been constructed), the 55 feet shall be measured from the center of the overall width of the total right-of-way. (2) Minimum Setback, Greater than 60—Foot Right-of-Way. The minimum building setback from any county road right-of-way greater than 60 feet in width shall be 25 feet from the near edge of the road right-of-way as established by the records of the Lewis County engineer. (3) Setbacks Not Bounded by Rights-of-Way. All setbacks for buildings not bounded by or related to county road rights-of-way shall be determined from and controlled by Chapter 17.145 LCC or Table No. 602 of the International Building Code and Table No. R302.1 of the International Residential Code, and pursuant to Chapter 15.05 LCC, whichever is the more restrictive. (4) Reduced Setback Permits. (a)When applicable. Where topography or other existing conditions consideratiorRs-crake-desired promote setbacks from county road rights-of-way that are less than the minimum provided by in subsections (1) and (2) of this section, the owner of the subject land may apply to the county engineer and the-public works-division for a reduced setback perm+t. Approval of the request is at the discretion of the county engineer, as guided by this section. (b) Potential instances. Situations that may warrant a reduced setback include, but are not limited to: -(i) Parcels that require a 55-foot setback from the centerline (when the right-of-way is less than 60 feet in width) along a local access road that is unlikely ever to require expansion. Buildings that require a larger setback than adjacent existing neighboring buildings along the same street. (c)Considerations and findings of fact. (i) Considerations. In the consideration of a reduced setback, the county engineer should review the federal functional classification of nearby roads and determine if the subject road is, or will be, a key Ordinance 1293 I Page 3 transportation connection in the local area. If the connection is determined to be an important connection that is necessary to promote travel within the area and future expansion of the road is likely, no setback reduction shall be allowed. -permitting-a-reduetion-of-setbacks to the-di stance--specified-on-the-permit, which--distance-shall be-no-less than--a-minimum-of 35-feet-from--the enterGne-of-the-right-o€way,-©r-if-the-road-right-of-way-+s-greater-than 60-feet4n-width--then-ne-less-than a-minimus -of-five-feet-from-the right-of-way-line-{ii) Findings of fact_ The county engineer may issue Sucha reduced building setback permit public--works-department,-after review-by-the--public-works-division-review board-consisting-of the-public-services-director;-assistant county engineer-and-the-building official,-whenwhen: (A)The owner has-agreedacirees to locate and develop the access in the manner specified on the permit, which-and the access isshall be so designed that the backing of vehicles into or from the road section of the right-of-way will not be involved; and (B)The access is so located that if the existing or indicated sight distance is less than the sight distance recommended by the edition of the Design Manual of the Washington State Department of Transportation that is current on the date of application that the impaired sight distance is not further reduced by the reduced setback; and (C)The owner agrees not to request any further approach permits in any location that are inconsistent with the restrictions imposed by subsection (b) above; and (D)The reduced setbacks will not interfere with existing alignments or indicated realignments of the county road including changes in curves and slopes for cuts and fills. As-used-herein-ilndicated sight distances-and-indicated-realignments for county roads are determined-evaluated based upon the conformityance of the existing road in the vicinity of the land-affected-b-y-the-applicationsite to adopted county standards-for-county roads. (5) Appeal. Any person dissatisfied with the decision of the public works div4s4on-department in its consideration of the application for reduced setback permit may appeal such decision to the Lewis County hearing examiner pursuant to Chapter 2.25 LCC. [Ord. 1179 §3 (Exh. B), 2002; Ord. 1157, 1998; Ord 1043 Amendment 2, 1984; Ord 1043 Art. IV, 1975] 15.1-5,050-Variance. (-1-)-Application:-Any-person-to-whom-this--chapter-would otherwise-apply-may-make application for variance upon for^ s-to be-prov-ided-by-thebu44ding-section-Any-such-appl ication-shall-succinctly-state-the grounds-upon-which-variancc is sought-and-shall-be-submitted-to-the Lewis County-hearing-examiner pursuant--to-Chapter-2--25-LCC-for-purposes of-a substantive,publichearing: 42}kiearing:-At-any-heafingon-application-#or variance-to-this-chapter;--the-hearing..examiner-shall hear and-take4estimony and-evidence-of-each-and-every-kind-relevant-to the-issues-whether-application-of-this chapter-would occasion-undue, practical-difficulties for-the-applicant;and would-not-bee detrimentakto-the Ordinance 1293 I Page 4 health,safety and welf are-of-Lewis-Lour}ty-and its-residents-Safety-of land building-user raveling public,-parcelsize;shape-topography;use;vehicular entrances and-exits present and-reasonably foreseeable4uture-widths-of-right-of-way,road-site-d+stance;reasonably-foreseeabie-futur cad improvements-or e-hanges loss--af right to-use-subject4and shall be items-oonsldered--at-any-fearing-. { }--inding-lf-at-hearing on-application-for variance-to-this chapter-the-hearing-ex niner-shall-find-that application-of-the-normal--setback herein-con-tafned-would-cause u-nduc and-practical difficulties-to the applicant-and-the granting-ofthe-variance-would...not-be-detrimental to the health;safety-and-welfare of Lewis--County-and-its-residents;the hearing-examiner shall-have-authority4o-grant-such-variance-upon such-conditions as-shall-be-deemed necessary-and-proper-to-preserve-barmony-with the general purpose and-intent-of-this-chapter-{Ord.-145-7149&9&;-Ord-1043-Arnendrnent 1, 197-9;--Ord.-4043-Art-V- -1975] 15.15.060 Notice and penalties. (1)Notice to Builders. At4he--tune-any-building-perrnit-application is subrnitted-to-the-building-section-the applicant-shall-be-given written-not ice-of-the applicable setback-requirements for-his-proposed structure-,- as-the same are-related tocounty-read--rights-of-way-bounding-the-real-estate-whereupon-such-structure is-to-be-situated (12) Penalties. Any person who shall on or after the effective date of the ordinance codified in this chapter construct, erect, build, or commence construction, erection, or building, of any structure in violation of any setback established hereby, relative to county rights-of-way, shall be subject to the penalties in LCC 1.20.020 and 1.20.040. [Ord. 1180 §19, 2002; Ord. 1157, 1998; Ord 1043 Art. VI, 1975] 15.15.070 Fees. The fees for this chapter, except as otherwise referenced, are set forth in LCC 18. 05:035. [Ord. 1158, 1998]. SECTION 2. All provisions of the Lewis County Code not specifically addressed herein shall remain in full force and effect. SECTION 3. If any part of this ordinance is found to be invalid by a court of competent jurisdiction, the remainder of the ordinance shall remain valid and continue in full force and effect. SECTION 4. This ordinance is in the public interest and shall be effective immediately. PASSED IN REGULAR SESSION THIS DAY OF , 2018. APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY,WASHINGTON Ordinance 1293 I Page 5 By: Eric Eisenberg, Deputy Prosecuting Edna J. Fund, Chair Attorney ATTEST: Robert C. Jackson, Vice Chair Rieva Lester, Clerk of the Board Gary Stamper, Commissioner Ordinance 1293 I Page 6 BOCC AGENDA ITEM SUMMARY Resolution: BOCC Meeting Date: Aug 13, 2018 Suggested Wording for Agenda Item: Agenda Type: Notice Set a public hearing to consider Ordinance 1293, amending Lewis County Code chapter 15.15. CLiVLD it IA Contact Pat Anderson Phone: 3607402677 \UC 02 2010 Department: Community Development Action Needed: Approve Resolution Description LCC 15.15 details standards for building setbacks from public rights-of-way. Currently a 55-foot setback is required from the center line of rights-of-way that are under 60 feet in width, and a 25 foot setback is required for roads greater than 60-feet in width. Under the existing standards, no special provisions are made for alleys or smaller roads, or areas with existing development that make it unlikely that the right-of-way will ever expand. This ordinance would better distinguish when setbacks can be reduced in instances when it is unlikely that the adjacent road or alley will ever be expanded. Approvals: User Group Status Eisenberg, Eric Pending Lester, Rieva j Pending Napier, Lee Pending Sanford, Doyle j Pending Fife, Tim Pending Additional Copies Lee Napier Doyle Sanford Fred Evander Pat Anderson Eric Eisenberg Tim Fife