Ord 1292: Amending Zoning Use Tables in LCC Chapter 17.42, Consolidating Standards for Specific Land Uses into a new chapter 17.142 ORDINANCE 1292
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
AN ORDINANCE OF THE COUNTY OF LEWIS,AMENDING THE ) ORD 1292
ZONING USE TABLES IN LEWIS COUNTY CODE CHAPTER 17.42,
CONSOLIDATING THE STANDARDS FOR SPECIFIC LAND USES
INTO A NEW CHAPTER 17.142,AND MAKING RELATED CHANGES )
TO THE ZONING CODE
WHEREAS, Lewis County is required to plan for future development in accordance with the goals and
policies of the Growth Management Act (Chapter 36.70A); and
WHEREAS,as part of its system for planning, Lewis County utilizes two tables in Lewis County Code
Chapter 17.42—Rural Area Zoning Summary—to articulate the zones where certain uses are allowed,
and the approval processes that are needed for each of the types of land use; and
WHEREAS,these tables include a long and complicated list of allowed uses, do not correspond exactly
with each other, and do not list each of the zones in Lewis County; and
WHEREAS,to improve the chapter, the Planning Commission elected to combine the tables into one
single table, to simplify some of the use categories,and to include additional zones in the table; and
WHEREAS,to best incorporate the changes from the zoning tables into the remainder of the code,the
Planning Commission elected to consolidate the standards for individual land uses into one section of
the code (the new Chapter 17.142); and
WHEREAS,staff provided notice of a Public Hearing on the proposed changes to the zoning tables and
use standards in the manner prescribed in LCC 17.12.050 on July 5, 2018; and
WHEREAS, on July 24, 2018, the Lewis County Planning Commission held a public hearing on the
proposed changes to the Lewis County Code and found that the proposal was in accordance with the
public interest; and
WHEREAS,the Lewis County Community Development Department sent a 60-Day Notice of Proposed
Amendment of the proposed amendments to the Washington State Department of Commerce on June
29, 2018; and
WHEREAS,the Lewis County Community Development Department issued a SEPA Determination of
Nonsignficance on the proposed changes on July 31, 2018; and
WHEREAS,the Lewis County Board of County Commissioners (BOCC) held a duly-noticed public hearing
on the proposed changes on September 17, 2018; and
WHEREAS,following the public hearing,the BOCC found that the proposed changes were appropriate
and in the public interest;
Ordinance 1292 I Page 1
NOW THEREFORE BE IT RESOLVED that the BOCC do hereby amend the Lewis County Code as follows:
SECTION 1. Section 17.10.01503 is added as follows:
"Assisted living facilities, convalescent homes, retirement facilities and similar uses" means the following
activities defined in state law—adult family homes, assisted living facilities, nursing homes, retirement
communities—and other similar uses.
SECTION 2. Section 17.10.108 is deleted as follows:
{Ord. 1179, 20021
SECTION 3. Section 17.10.117 is deleted as follows:
-- e -- --- - - 'e•- - - - -- - • - _ •. - ' e. I
20001
SECTION 4. Section 17.10.191 is added as follows:
17.10.191 Recreational facility, local.
"Recreational facility, local" means a park facility that serves a local population and includes limited and
basic recreational facilities such as playgrounds, trails, open space and ballfields.
SECTION 5. Section 17.10.192 is added as follows:
17.10.192 Recreational facility, regional.
"Recreational facility, regional" means a facility that attracts a regional clientele, such as country clubs
and golf courses, sports complexes, and intensive commercial recreational uses such as a golf driving
range, race track, an amusement park, a paintball facility, or a gun club.
SECTION 6. Section 17.10.22301 is added as follows:
17.10.22301 Standalone food or beverage manufacturing.
"Standalone food or beverage manufacturing" means a food or beverage processing use that is not
accessory or incidental to a primary underlying agricultural use.The use may include the assembly or
Ordinance 1292 I Page 2
manufacturing of packaging for the processed product. Processing or manufacturing uses that are
accessory or incidental to a primary agricultural use are considered an "agricultural" use for the purpose
of Chapter 17.42.
SECTION 7. Section 17.10.22303 is added as follows:
17.10.22303 Standalone retail, sales, or professional services.
"Standalone retail, sales, or professional services" means retail, sales or professional services use that
are not associated with a single-family structure.
SECTION 8. Chapter 17.42 is amended as follows:
RURAL ZONES
Chapter 17.42
RURAL AREA ZONING SUMMARY
Sections:
17.42.010 Purpose.
17.42.015 Conflicts.
17.42.020 General conditions.
17.42.030 Land use summary- Local areas of more intensive rural development.
17.42.040 Rural area land use zoning summary.
17.42.010 Purpose.
Rural lands are divided into a number of zoning districts. The uses permitted in each of the zoning
districts are set forth on a zoning chart wish-that is intended to identify uses and limitations. [Ord. 1283
§9, 2017; Ord. 1269 §29, 2016; Ord. 1197 §4, 2007; Ord. 1179, 2002]
17.42.015 Conflicts.
Where there arc conflicts between the text and the zoning summary charts exist-a4-L-GC1-7.12.030 and
17.12.040, said-the charts shall prevail. [Ord. 1283 §9, 2017; Ord. 1269 §29, 2016; Ord. 1197 §4, 2007;
Ord. 1179, 2002]
17.42.020 Land Use Summary
See Table 1 of this section. ZONING USE TABLE TO BE ADDED - -- e __._ - - - -_ '-• e --
rural lands. The four tiers arc as follows:
Ordinance 1292 I Page 3
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•Tier - - •• -. - -- " -• - ••Tier •••• - -•- - - -
CoE
Tier - . ..••• .• _. . • . . .-- -- - '
4* rural ar as, but limited in number, reflecting
the need to avoid unduo proliferation so as to
protect rural character.
Tier " . - . - - . -• , - --
wh�isfa may-leo-located in rural areas if they
eet the statutory criteria for siting.
[Ord. 1283 §9, 2017; Ord. 1269§29, 2016; Ord. 1197 §1, 2007; Ord. 1179, 20021
See Table 1 of this section. [Ord. 1283§9, 2017; Ord. 1271 §9, 2017; Ord. 1269§29, 2016; Ord. 1267
§1, 2016; Ord. 1197§4, 2007; Ord 1179, 20021
17.95
Rural
Use 17.45 1 �0 17.55 1-740 17.65 Residential
Sm all-Town Small-Town Small Town Crossroads
Tier Rural Area Lands Center/
:
M d-- ��� e Residential Industrial Commercial Commercial
Shoreline
Residential
I P---to X P related P 2- 5,000 P to X
(nonresource-use) 10,000 ft2 to industrial ft2 10,000
or resource (small scale} ft2-per-use
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>10,000 fP
Ordinance 1292 I Page 12
17.95
Rural
Use Uses-of
17.45 1-7-,50 17.55 �7 68 17.65 Residential
Small-Town Small-Town Small-Town Ccossceads Freeway
Tier Rural Area L ands Center/
Mixed-Use Residential Industrial Commercial Commercial
Shoreline
Residential
I Retail sales P to X P rela+td P < 5,000 P to X
{nonresource use) 1-0,009-ft2 to industrial ft, 10,000
or resource {primarily ft,per use
ll SUP use serve-lesal-) - -
>10,000 ft2
P X P P—<-5,000 P X
{nonresource use) ft,
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facilities Local
ala Ma}sr Amend-CP Amend CP Amend CP Amend CP Amend CP Amend CP
I Public facilities, public - - - - - -
cervices, and utilities P P P P P P
I - - - -
religious,community P P X P P P
seaters
and tourist:
- Bed and breakfast(up P P X P P P
- Motels(100 units); P X X X P X
- Restaurants{150 seats) P X X X P X
I Residential single P P X P on existing X-{except nla
family, lots caretaker)
4 units/acre
I Residential centers nla a/a n/a n/a nla Density set
one-reap
Ordinance 1292 I Page 13
17.95
Rural
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ldse Uses-e# Residential
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/'
Tier Rural Are-+ 1 anrd,s venter/
Mixed-Ilse Residential Industrial Commercial Cormerciat
Shoreline
Residential
I Residential:duplex, - - - - - -
• on existing X X
lots
X P
Os-so-stated
with-existing
residential
uses-)
I P P P-eat-xistiag X R
lots
owner's family)
44 >6 persons SUP SUP X SUP SUP SUP
44 Group homcs (applies SUP - - - -
X SUP
facilities)
II A X P P/A' P X
shelters, boarding,
- occupations - - - - - -
I (cottage-industries) P P R R R R
A. In existing rosidonco - - - - - -
er-assesiated - - - - - -
occupant, plus 2
nonresident FTE. No
exterior appearance of
the business except a
Ordinance 1292 I Page 14
17.95
Rural
17.45 4-7.58 17.55 4-7.68 17.65
Use Uses-of Res F1tial
Small-Town Small-Town Small-Town Crossroads Freeway
Tier Rural-Area-Lands
Mixed Use Residential Industrial Commercial Commercial
Shoreline
Residential
small sign. No vehicles
used off site for the
business; okay to park
vehicles overnight.
14 B. Businesses with up A A A A A X
to 5 on site nonresident
FTE plus owner
occupant. May include
new structures up to
5,009 ft2
14 SUP SU-P SUP SUP SLIP X
through the special use
permit procec.., Up to
1-0,000 Wwith up to 10
nonresident FTE on
site.
11 Manufacturing, SUP to X P-te-29,090 X SUP to X
089-ft2 ft2 10090 ft2
of-goads SUP
>2-0,0-0-61442
14 Storage,transportation SUP to X P-te-20;998 SUP---to X
540-0-42 1-0,980-ft2
{via Tier I)
SUP
>28;000-ft2-
14 Shoreline-uses-from _ _ -
.. - P P P X nFa P
Program Permit {Use {-Use (Use (Use
exempt density, density; density density,
DRs, or DRs, SMP, DRs, or DRs-or
Ordinance 1292 I Page 15
17.95
Rural
17.45 1�a8 17.55 1-76A 17.65
USe Uses-of Residential
Small-Town Small-Yawn Small-Town Crossroads Freeway
Tier Rural-Area-Lands Center/
Mixed Use Residential Industrial Commercial Commercial
Shoreline
Residential
SMP-; whichever is SMP, SMP
whichever-is more whichever--is wig-ion-ever-is
more restrictive) more more
restrictive) restrictive) restrictive)
11
activity within 200 ft of
shoreline
I On site treatment/ P-- l? P— P— P-- P--
storage of hazardous assessory accessory accessory accessory accessory accessory
waste
11 Type 1 marijuana X X SUP X X X
pcosessIng
11 Type 2 marijuana X X SUP X X X
processing
11 X X SUP X X
14 Marijuana retailers SUP X X SUP SUP X
u�v P- Permitted Use SUP - Special Use Permit -
- A-Ad X- Prohibited -
n/a- not applicable - - - -
1--Ar;imal-kennels, sholtors, boar •
commercial areas, the proposal-requiresn-administrative approval to ensure that notice is provided to
§2, 2016; Ord. 1210 §1 (Exh. 1-, Att. C), 2009; Ord. 1197 §1, 2007; Ord. 1179, 20021.
Ordinance 1292 I Page 16
Tief Use R 1 5 R-1--14) R--1-20
I Single family residential P P P
I Acce ory dwelling unit P P P
I Duplex P(10 acre P(20 acre P (40-acre
minimum lot minimum lot mi im m-let
size) size) size)
I Cemeteries P R P
- Churches: - - -
I up to 6,000 sq.ft., 5 acres developed P P P
It up to 10,000 sq.ft., on 10 acres A A A
I Schools in-er within 5 miles of a small town P P P
- Community canters, grange halls, buildings of public assembly - - -
l up to 6,000 sq.ft., 5 acres developed P P P
14 up to 10,000 sq.ft., on 10 acres A A A
14 Group hemcs(applies to all state licensed facilities) SUP SUP SUP
III Retirem-et, senvalesccnt homes,and similar uses not requiring
state licensing.
up to 6 parsons; P P P
7 20 persons SUP SUP SUP
44 Utilities,-reads, support facilities; and public facilities, public A A A
cervices, including parks
II Type 1 marijuana procc°sing SUI? St-P SUP
Il SUP SUP SUP
44 L-osal SUP SUP SUP
n/a dal Amend-CP Amend-CP Amend CP
occupant aed-2 FTE employee(s) for a total of 3, whore there is
Ordinance 1292 I Page 17
Tier Use R 1 5 R--1--1-9
14 B.Businesses which have up to 5 FIE war-king on site, in A A A
structures up to 5,000 sq.ft.
144 C. Uses permitted through the special use permit process. Such SUP SUP SUP
uses may be up to 10,000 sq.ft. and may have up to 10 FTE on
site.
1-64 Isolated small business(nonresource) - - -
`• _- A A A
structures up to 5,000 sq.ft.
111 - - •• - ---• - - - - - e.: -._ SUP SUP SUP
uses may be up to 10,000 sq.ft. and may have up to 10 FTE on
site.
Section 1
641 A. Bed and breakfast I? P I?
e e
114 B. Motelslinns, up to 30 rooms SUP SUP X
Size: 5 acres or less
144 C. Country inn X Ski SUP
Location: Recr ation or as
Size: 10 acre minimum lot size
fit `. tee -- -- - ..e •-•••-• SUP SUP X
Location: arterial or state highway
Size: 5 acres or less
144 E. Recreation service retail not to exceed 5,000 sq. ft. A A A
(Boat shop, boat&tackle shop,cam-ping supplies, limited
grocery and sundries, including storage)
Location: State highway or direct access to rocroation area
Sizo: 2 acres or lees, not to exceed 5,089 sq.ft. por building
Ordinance 1292 I Page 18
Tier Use R4-5 R-x--10 84-20
141 F.Cam.e _ •• •• -- -• - -
Size: Up to 140 sites andlor up to 10 acres SUP SUP SUP
e !! - - - .. •! .. - RMP RMP RMP
IV Over 109 sites-and/or more than 40 acres MPR MPR MPR
144 G-New regional auctionooring facility and supporting uses on SUP SUP- SUP
sites not anr-gr ator than 210 acres
114 H.RV parks
Location: recreation areas or 2 miles from state hwy.
Size: Up to 100 cites and/or up to 10 acres SUP SUP SUP
Over 100 sites and/or up to 40 acres RMP RMP RMP
IV Over 100 sites and/or more than 10 acres MPR MPR MPR
141 . -- . - - ___ e
(Also-permitted as accessory use to"E"above.)
11 .. , .. _ . •- -• - - •- - A A A
master program
14 - " • • _ :••e -- __ Substantial Substantial Substantial
.. '. - •- _:••: e-'-- dev. permit do. permit de _P mit
111 K.Tourist/rest stops A A A
Freeway,a cluster of uses
lntorstato 5 onloff ramp
Size limits: double A E, I above
144 L. Rural resorts(replaces stand alone resorts) SUP SUP SUP
Location:recreation areas
i i. -- - 3:: - - - - - .. -
ce
IV Larger projects MPR MPR MPR
Ordinance 1292 I Page 19
Tier Use R 1 5 P.440 P.440
Section-2
11 A. New-equestrian facilities with events up to 100 participants SUP SUP SUP
shows)
IV Larger-new facilities MPR MPR MPR
14 B. Motor sports up to 20 acres developed X SUP SUP
4-V Larger facilities MPR MPR MPR
44 C. New or nonexempt commercial sport facilities (e.g., including SUP SUP SUP
- but not limited to soccer, baseball, track and field)
4 Isolated commercial events(no permit facilities required)(e.g.,
P P P
14 D. New, outdoor pistol, rifle, skeet, and other rolated facilities X SUP SUP
II Indoor pistol,rifle;skeet, and other related facilities A A A
- E. New golf courses, driving ranges;and related facilities - - -
14 200 acres or Icso SUP SUP SUP
IV >200 acres Mid MP-R MP-R
accessory uses must meet rural criteria
44 - -. _ A A A
Location: In spcc;al subdivisions; requires subdivision--approval
Section-3
I Ar sal-kennels-, shelters, boarding, grooming and hospitals P P P
11 New private aviation facilities, 9 or fewer permanently based SUP SUP SUP
aircraft, or a private aviation subdivision•11 N o -• - - - - - , ! - - - ...•-• --_o a SUP SUP SUP
aircraft(see LCC 17.158.030(6))
}} P P P
New or expansion of existing approved mine area SUP SUP SUP
4 Forestry uses listed in LCC 17.30.150(1)and(2) P P P
Ordinance 1292 I Page 20
Ties Use R 1-5 R4-4-0-4-0 R-1--28
14
•. :••e_ _ - - •-• - __•-_ _ P/SUP over P/SUP over P/SUP over
B anent(fixed installation or more than 1 year) 20 acres 20 acres 20 acres
f Agricultural uses as listed in P P P
LCC 17.30.6-1-9, 1-7.30.620 and 17.30.630**
KEY: P- Permitted Use SUP- Special Use Permit
- - - - -. .•
X-=-Pronidited - le- - ■ - -- ---
WIP- Major Industrial Park(county and
state planning requirements)
* [Section 2] Exc t-Activitios:Facilities used for personal or limited activities -se-charge or cover costs.
•Agricultural processing facilities.
•Commercial greenhouse operations.
• Regulated tr-eatment of wastewater.
health-reg l�,ntions.
• Storago of oxplosivos;fuels, and chemicals used for agriculture and forestry, subject to all local, state,
and federal regulations.
• Private aircraft landing fields, heliports.
•Agricultural storage and processing.
SECTION 9, Chapter 17.45 is amended as follows:
Ordinance 1292 I Page 21
Chapter 17.45
SMALL TOWNS - MIXED USE/COMMERCIAL (STMU)
Sections:
17.45.010 Purpose.
17.45.020 Permitted uses.
17.45.030 Accessory uses.
17.15.010 Special uses.
17.15.050 Prohibited uses.
17,45.060 Development standards.
17/15.070 Determination of adequate facilities.
17/15.080 Urban growth prohibited.
17.45.010 Purpose.
Small towns have been the historic, cultural, and commercial hubs for rural Lewis County.As such, public
infrastructure including schools, fire, and often water systems are in place. The purpose of the Mixed
Use/Commercial District is to provide land areas within the small towns for the siting of commercial uses
which serve the surrounding community with a broad range of retail goods and services. Property within
this district may also serve to meet the residential needs of the community in accordance with the
capability of local facilities. The Mixed Use/Commercial Districts are designed to assure infilling consistent
with surrounding uses and the existing public facilities and character of the area. [Ord. 1170B, 2000]
17.45.020 Permitted uses.
All permitted uses may be accomplished in stand alone facilities or in mixed use developments on a
within this district. [Ord. 1179, 2002; Ord. 11-7-0-B, 20-081Allowed uses, shown in LCC 17.42, shall be
permitted within this district. [Ord. 1179,2002; Ord. 11708, 20001
17.45.030 Accessory uses.
As defined at LCC '? ? Accessory Uses are considered part of the permitted uses. [Ord. 1179,
2002; Ord. 1170B, 2000]
Special-uses shall be allowed in this district as provided in LCC 17.115. Sce, Table 1 at
- - .• -'-1 - - - - - - -- --- - - --- - - - - a e , !I ; a '
2000]
All other uses. [Ord. 1170B, 20001
17.45.060 Development standards.
Ordinance 1292 I Page 22
All development shall be required to conform to the supplementary requirements of Chapter 17.145 LCC.
[Ord. 1170B, 20001
(2)There shall be ta-e pr4ction of noise at any property line of any use in this district in excess of state
noise guidelines at the boundary of the mixed usolcommorcial zone.
- • • . ' . • l
(1)The supplemental requirements of Chapter 17.115 LCC shall be met. [Ord. 1283419, 2&17; Ord.
1179, 2002; Ord. 1170B, 20001
1179, 2002; Ord. 1170B, 20001
. : . •
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, 20001
SECTION 10. Chapter 17.50 Small Town-Residential (STR-4) is amended as follows:
Chapter 17.50
SMALL TOWNS - RESIDENTIAL (STR-4)
Sections:
17.50.010 Purpose.
17.50.020 Permitted uses.
17.50.030 Accessory uses.
Ordinance 1292 Page 23
17.50.040 Prohibited uses.
17.50.050 Maximum density.
17.50.060 Development standards.
17.50.070 Determination of ad-equate facilities.
17.50.080 Urban growth prohibited.
17.50.010 Purpose.
To promote and protect areas within Lewis County small towns which were historically exclusively
residential in character. [Ord. 1170B, 2000]
17.50.020 Permitted uses.
The uses as shown in Table 1 at LCC 1-7.42.030 shall be allowed within this district. [Ord. 1179, 2002;
Ord. 1170B, 2000}Allowed uses, shown in LCC 17.42, shall be permitted within this district. [Ord. 1179,
2002; Ord. 11708, 20001
17.50.030 Accessory uses.
As defined at LCC 17.10.007,Accessory Uses are considered part of the permitted uses. [Ord. 1179,
2002; Ord. 1170B, 2000]
17.50.040 Prohibited usec
All other uses. [Ord. 1170B, 2000]
17.50.050 Maximum density.
The maximum density in the STR-4 zone shall be four units per gross acre. [Ord. 1170B, 2000]
17.50.060 Development standards.
All development shall be required to conform to the supplementary requirements of Chapter ' '.1 ;- LCC.
[Ord. 1170B, 2000]
providers for schools, water, and fire, where applicable, that the project can be accommodated within the
' •e- • " o '•e.•e •. _e-e_.. -e_' •••=nts are met consistent with Chapter 17.130 LCC. [Ord.
1179, 2002; Ord. 1170B, 20001
- • - .
The Administrator shall find that any project submitted for approval under this chapter is consistent with
Ordinance 1292 I Page 24
urban levels of public facilities or services. [Ord. 1170B, 2000]
SECTION 11, Chapter 17.55 Small Towns-Industrial (STI) is amended as follows:
Chapter 17.55
SMALL TOWNS - INDUSTRIAL (STI)
Sections:
17.55.010 Purpose.
17.55.020 Permitted uses.
17.55.030 Accessory uses.
17.55.040 Development standards.
. .
•- - -
17.55.060 Urban growth prohibited.
17.55.010 Purpose.
Small towns in Lewis County, and particularly Packwood and Randle, have provided significant
employment centers for substantial numbers of Lewis County rural residents, typically in the form of mills
and companies servicing the forest products and agricultural industries. The purpose of the Small Town
Industrial District is to assure that areas historically devoted to intensive employment activities are
protected to enable communities to maintain or re-establish their economic base and to assure
continuation of locations to provide services and support to maintain long-term commercially significant
resource activities. [Ord. 1170B, 2000]
17.55.020 Permitted uses.••- - - - - • • _e - - - ' •11 - .. - - . • . . .. ! e. • !! ;
Ord. 11708, 2000]Allowed uses, shown in LCC 17.42, shall be permitted within this district. [Ord. 1179,
2002; Ord. 1170B, 20001
17.55.030 Accessory uses.
As defined at LCC 1 ? Accessory Uses are considered part of the permitted uses. [Ord. 1179,
2002; Ord. 1170B, 2000]
17.55.040 Development standards.
All development shall be required to conform to the supplementary requirements of Chapter 17.145 LCC.
JOrd. 1170B, 20001
The following provisions shall apply to all uses within this-district:
Ordinance 1292 I Page 25
(1)The point of compliance for noise guidelines under Chapter 173 60 WAC, together with any
adjustment authorized therein, shall be the property line of the contiguous parcel on which the source of
noise is located.
{2)There shall be no emission of duct, dirt, odors, smoke, or toxic gases and fumes in excess of
(3)The supplemental requirements-of Chapter 17.115 LCC shall be met. {Ord. 1283§11, 2017; Ord.
1170B, 20001
1179, 2002; Ord. 1170B, 20001
I .I
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 cervices. [Ord. 1 !B, 2000}
SECTION 12. Chapter 17.60 is amended as follows:
Chapter 17.60
CROSSROADS COMMERCIAL (CC)
Sections:
17.60.010 Purpose.
17.60.020 Permitted uses.
17.60.030 Accessory uses.
17.60.010 Prohibited uses.
17.60.050 Maximum building size
17.60.060 Development standards
..49.9. . .- - .. . . .
17.60.080 Urban growth prohibited.
17.60.010 Purpose.
Ordinance 1292 I Page 26
The Crossroads Commercial District is identified for areas which have historically provided rural
commercial services to residents in the rural areas. The purpose of the Crossroads Commercial District is
to provide for small, concentrated land areas intended for retail sales of convenience goods and service
to persons residing within a neighborhood trade or service area. District uses are designed as infill uses
to compliment the service area and uses without expanding the uses outside the designated area. [Ord.
1170B, 2000]
17.60.020 Permitted uses.
The uses shown in Table 1 of LCC 17.42.030 shall be allowed within this district. [Ord. 1179, 2002; Ord.
1170B, 2000}Allowed uses, shown in LCC 17.42, shall be permitted within this district. [Ord. 1179, 2002;
Ord. 1170B, 20001
17.60.030 Accessory uses.
As defined at LCC 17.10.007, Accessory Uses are considered part of the permitted uses. [Ord. 1179,
2002; Ord. 1170B, 2000]
17.60.040 Prohibited
All other uses. [Ord. 1170B, 20001
(1) Maximum allowable floor area per occupancy shall not exceed 5,000 square feet.
shall not exceed 10,000 square feet. [Ord. 1170B, 20001
17.60.060 Development standards.
All development shall be required to conform to the supplementary requirements of Chapter 17.145 LCC.
[Ord. 1170B, 20001
The following provisions shall apply to all uses within this district:
- - - - - - =' '-' - --- , - - - - - -- - •- e e e - - --- ,
label requirements.
(2)There shall be no production of noise at any property line of any use in this district in excess of state
District.
SWAPCA"guidelines.
(4)The supplemental requirements of Chapter 17.145 LCC shall-bo met. [Ord. 11708,2000]
Ordinance 1292 I Page 27
1179, 2002; Ord. 1170B 20001
The Administrator shall find that any project submitted for approval under this chapter is consistent-with
• - - -
not occur as a result of the development in question, nor does the project create a need or demand for
SECTION 13. Chapter 17,65 is amended as follows:
Chapter 17.65
FREEWAY COMMERCIAL (FC)
Sections:
17.65.010 Purpose.
17.65.020 Permitted uses.
17.65.030 Accessory uses.•.■ . • -
1 7.65.050 Development standards.
17.65.060 Determination of adequate facilities.
17.65.070 Urban growth prohibited.
17.65.010 Purpose.
Lewis County is centrally located on Western Washington's principal traffic link, 1-5. As the local economy
has shifted away from historical resource uses, the freeway links in the community have historically
provided crossroads commercial centers, focusing on the traveling public and serving resource industries,
as well as local community services. The districts provide a base of support for county-wide resource
activities and provide a base for needed economic activity and job growth, particularly transportation. The
purpose of the Freeway Commercial District is to supply sufficient areas arranged in a concentrated form
for land use activities which promote services to the traveling public, convenient access to major
transportation routes, and provide areas for new commercial development which does not interfere with
existing residential neighborhoods and result in new development beyond areas currently affected by the
interchange or interchange oriented development. [Ord. 1170B, 2000]
Ordinance 1292 I Page 28
17.65.020 Permitted uses.
The uses as shown in Table 1 at LCC 17.42.!.! . _ • - _ e . •, !! ;
Ord. 1170B, 20001AIlowed uses, shown in LCC 17.42, shall be permitted within this district. [Ord. 1179,
2002; Ord. 1170B, 20001
17.65.030 Accessory uses.
As defined at LCC 17.10.007, Accessory Uses are considered part of the permitted uses. [Ord. 1179,
2002; Ord. 1170B, 2000]
All other uses. [Ord. 1170B, 20001
17.65.050 Development standards.
All development shall be required to conform to the supplementary requirements of Chapter 17.145 LCC.
]Ord. 1170B, 20001
The following provisions shall apply to all uses within this district:
(1)The proposed use shall not be hazardous or disturbing to existing or future development within the
district
guidelines.
fumes in excess of SWAPCA* requirements.
•_ _ _ _ •_ _• -. • _ _ _ _ -e' _ __•_ce drainage ways in violation of the requirements of
Chapter 90.18 RCW.
{5)The supplemental requirements of Chapter 17.145 LCC shall be met.
(6) No use shall impose offsite impacts which endanger the traveling public on the freeway or
interchange. [Ord. 1170B, 2000]•* - -' - • - • - e-:. - - - - -- - -e. • _ ' - ' - - - :.• '• ' ' - ' '
Ordinance 1292 I Page 29
without a written finding that adequacy requirements are met consistent with Chapter 17.130 LCC. [Ord.
1179, 2002; Ord. 1170B, 20001
The Administrator shall find that any project submitted for approval under this chapter is consistent with
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]
SECTION 14. Section 17.70.090 is deleted as follows:
The applicant for any development permit, except for a building permit for a single family use on an
providers for schools, water, and fire, where applicable, that the project can be accommodates
capacity concurrently with the development impact. No development can be approved under this chapter
• -- - - •- - •-- e.' .. -• - - ' - - - - -- - . -' - -.
1179, 2002; Ord. 1170B, 2000]
SECTION 15. Section 17.70.100 is deleted as follows:
The Administrator shall find that any project submitted for approval under this chapter is consistent with
defined in RCW 36.70A.030(17)and as prohibited outside urban growth areas by RCW 36.70A.110, dons
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]
SECTION 16. Section 17.75.035 is amended as follows:
17.75.035 Permitted uses -General purpose rural industrial sites.
All other designated rural industrial sites may be used for general purpose industrial, transportation, and
associated activities, including warehousing and storage, or other uses allowed in LCC 17.42. Such uses
are confined to the lot or lots designated and any permit for development or redevelopment within such
site shall assure that the facilities used to serve the industrial and associated uses shall not be used to
serve development outside the designated industrial areas, except consistent with the provisions of the
uses permitted under charts shown in LCC 17.42.030 and 17.42.040. [Ord. 1179, 2002]
SECTION 17. Section 17.75.037 is deleted as follows:
Ordinance 1292 I Page 30
17.75.037 Special-uses.
(1) Marijuana production.
(2)Type 1 marijuana processing. (Ord. 1271 §11, 2017}
SECTION 18. Section 17.75.040 is deleted as follows:
the local service providers for schools, water, and fire, where applicable, that the project can be
Chapter 17.130 LCC. [Ord. 1179, 2002; Ord. 1170B, 2000}
SECTION 19. Section 17.75.050 is deleted as follows:
a a
defined in RCW 36.70A.030(17)and as prohibited outside urban growth areas by RCW 36.70A.110, doeG
not occur as a result of the development in question, nor does the project crgate a need or demand for
urban levels of public facilities or services:[Ord. 1170B, 2000J
SECTION 20. Chapter 17.95 is amended as follows:
Chapter 17.95
RURAL RESIDENTIAL CENTERS (RRC)*
Sections:
17.95.010 Purpose.
17.95.020 Permitted uses.
17.95.030 Accessory uses.
17.95.010 Prohibited uses.
17.95.050 Maximum density and minimum lot size.
17.95.060 Development standards.
17.95.080 Urban growth prohibited.
17.95.010 Purpose.*'`
Ordinance 1292 I Page 31
Rural residential centers are areas in rural Lewis County which historically had development and facilities
at densities and intensities greater than rural development, but outside of urban growth areas and
authorized in accordance with RCW 36.70A.070(5)(d)(i). The zones are necessarily limited to areas of
existing development or development impact and defined by logical boundaries and service areas. This
chapter provides guidelines for residential development in rural residential centers and shoreline-related
development in designated shoreline areas to assure infilling consistent with surrounding uses and the
existing public facilities and character of the area. [Ord. 1179, 2002; Ord. 1170B, 2000]
*"[Note: "suburban enclave" language has been replaced on codification with"rural residential centers"
language in accordance with redesignation of this chapter].
17.95.020 Permitted uses.
The uses shown in Table 2 at LCC 17.12.0110 shall be allowed within this district. [Ord. 1283 §12, 2017;
Ord. 11708, 2000]Allowed uses, shown in LCC 17.42, shall be permitted within this district. [Ord. 1179,
2002; Ord. 1170B, 2000]
17.95.030 Accessory uses.
As defined at LCC 17.10.007, accessory uses are considered part of the permitted uses. [Ord. 1283 §13,
2017; Ord. 1170B, 2000]
17.95.040 Prohibited uses.
All other uses. [Ord. 1170B, 20001
17.95.050 Maximum density and minimum lot size.
Designation criteria.The maximum density and minimum lot size shall be set to reflect the historic
development pattern to assure infilling is accomplished at the same or similar density.
(1) For areas designated one unit per 10,000 square feet, the maximum density shall be 4.356 units per
gross acre. Such areas shall be designated "RRC-R10000"on the official zoning map.
(2) For areas designated one unit per one-half acre, the maximum density shall be two units per gross
acre. Such areas shall be designated "RRC-R.5A"on the official zoning map.
(23) For areas designated one unit per acre, the maximum density shall be one unit per gross acre. Such
areas shall be designated "RRC-R1A" on the official zoning map.
(34) For areas designated one unit per two acres, the maximum density shall be one unit for each two
gross acres. Such areas shall be designated "RRC-R2A" on the official zoning map.
{mil)Where the average existing lot size is less than one half acre or where the property is served by a
Ordinance 1292 I Page 32
- •• ..e . . - _ . .-e- .. . . _ [Ord. 1170B, 2000]
17.95.060 Development standards.
All development shall be required to conform to the supplementary requirements of Chapter 17.145 LCC.
fOrd. 1170B, 20001
All development shall be required to conform to the supplementary requirements of
-- - • • ., . . . e. e:, I I I
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, 20001
The Administrator shall find that any project submitted for approval under this chapter is consistent with
defined in RCW 36.70A.030(17)and as prohibited outside urban growth ar as 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
- e.• - - _ .-. . _ .os or corvicos. [Ord. 1170B, 2000]
SECTION 21. Chapter 17.100 is amended as follows:
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.
17.100.010 Special uses.
17.100.050 Prohibited uses.
17.100.060 Design standards.
17.100.070 Repealed.
17.100.080 Development standards.
17.100.090 Determination of adequate facilities.
Ordinance 1292 I Page 33
17.100.100 Urban growth prohibited.
17.100.110 Repealed.
17.100,120 Repealed.
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 (RDD4-5);
(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 RDD4-10 District, all contiguous property 15 acres or larger, but less than 20 acres, may be
divided into two lots. In the RDD4-20 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 shat _ - _ _ • - - - '- . e . e ; e _.
1175§2, 2000; Ord. 1170B, 2000]Allowed uses, shown in LCC 17.42, shall be permitted within this
district. [Ord. 1179, 2002; Ord. 1170B, 20001
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]
Ordinance 1292 j Page 34
All special uses authorized in Chapter 17.115 LCC shall be allowed in this district. Also, sec Table 2 at
LCC 17.42.040 for a listing of various types of special uses and criteria. [Ord. 1179, 2002; Ord. 1170B,
200.01
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, one unit per 10, or one unit per 20 acres. See
zoning maps for specific density allowances.
(2) Clustering shall be encouraged in rural lands per Chapter i i.?`? LCC. [Ord. 1283 §14, 2017; Ord.
1179, 2002; Ord. 1170B, 2000]
17.100.070 Reserve tract.
Repealed by Ord. 1283. [Ord. 1170B, 20001
17.100.080 Development standards.
All development shall be required to conform to the supplementary requirements of Chapter 17.145 LCC.
[Ord. 1170B, 2000]
• ... .. ::merit permit, except for a building permit for a single family use on an
providers for schools, water, and fire,where applicable, that the project can be accommodated within the
without a written finding that adequacy requirements are met consistent with Chapter 17.130 LCC. [Ord.
1179, 2002; Ord. 1170B, 20001
el ..
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, Boos
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, 20001
Ordinance 1292 I Page 35
17.100.120 Density bonus for cultural and historic sites.
Repealed by Ord. 1283. [Ord. 1170B, 2000}
SECTION 22. Chapter 17.120 is deleted as follows:
Chapter 17.120
Scctions:
17.120.010 Purpose.
17.120.020 Application.
17.120.030 Master plan required.
17.120.040 Process.
17 19A 0l Dnrp se
1170B, 2000}
17.120.020 Application
A master plan for rural area uses shall be processed as a-Type-II+-applicatien.Where the division of lam
is sought as part of the application, the applicant may submit a binding site plan for the proposal, instead
--- -- - .e•-: - - - - -I - _- - -- .e.-. - -- - .•. e
1269 §35, 2016; Ord. 1170B, 20001
The master plan process is required for tourist services area developmont under Chapter 17.70 LCC and
•
17.120.040 Process.
• -• __ _ -_ -- -_ _ elan and detail the source and adequacy
of water,waste water treatment, fire control, transportation, stormwater tr atment, surface and ground
water protection, critical areas and protection, and mitigation of adjacent properties from direct impacts
from noise, fugitive dust, odor, and runoff.
(1)The hearing examiner shall review the master plan and make written findings on the following issues:
(a)The plan is consistent with and promotes the goals-of the comprehensive plan and the
(b)Adequate provision is made for public servicos and facilitios concurrent with the development.
Ordinance 1292 I Page 36
(c) On site public services or facilities are limited to the project argia and not available-to-spur
growth outside the master plan area.
(d)Adequate provision is given adjacent properties from the impacts of noise, fugitive dust, odor,
and-runof,
(f)County standards are met as provided in Chapter 17.115 LCC.
requirements of this chapter. [Ord. 1269§35, 2016; Ord. 1170B, 20001
SECTION 23: Add Lewis County Code Chapter 17.142 as follows:
17.142.010 Purpose.
The purpose of this chapter is to list standards for various land uses in Lewis County. The general land
use standards in 17.142.020 apply to all land uses, and the specific use standards apply in addition to the
general requirements.
17.142.020 General land use standards.
(1)The administrator or hearing examiner shall ensure that the following general standards, in addition to
the specific standards for the zoning district and use type, are met when approving a land use.
(2) General use findings. General use findings include the requirements that the land use:
(a)Will be harmonious and in accordance with the general and specific objectives of the Lewis County
comprehensive plan and zoning regulations.
(b)Will be adequately served by essential public facilities such as highways, streets, police and fire
protection, drainage structures, refuse disposal, water and waste disposal, and schools; or that the
persons or agencies responsible for the establishment of the proposed use shall be able to adequately
adequately any such services.
(c)Will not create excessive additional requirements at public cost for public facilities and services, and
will not be detrimental to the economic welfare of the community.
(d)Will not involve uses, activities, processes, materials, equipment, or conditions of operation that will be
detrimental to any persons, property, or the general welfare by reasons of excessive production of traffic,
noise, smoke, fumes, glare, or odors.
Ordinance 1292 I Page 37
(e)Will have vehicular approaches to the property designed as to not create an interference with traffic on
surrounding public streets.
(f)Will not result in the destruction, loss, or damage of any natural, scenic, or historic feature of major
importance.
(q)Will ensure adequate protection is given critical areas, including surface and ground water consistent
with the critical areas requirements of Chapter 17.35 or 17.38 LCC.
(h)Will ensure that on-site public facilities, or facilities designed to serve the site, are limited to the project
area and are not available to spur growth outside the area of the permit, when located in a rural area.
The administrator or hearing examiner may condition such permits based on written recommendations in
environmental documents, and as otherwise necessary to comply with the requirements of this chapter,
the county comprehensive plan, development regulations, and environmental regulations. [Ord. 1269 §39,
20161
(3)General use standards. The following criteria are used to help determine the conformance with the
general findings for land uses:
(a)The applicable portions of the Lewis County Code, and the Lewis County road development
standards.
(b)The handling and treatment of dangerous or hazardous waste in accordance with LCC Title 8,
Chapter 173-303 WAC, and other applicable standards.
(c)The maximum environmental noise levels established by Chapter 173-60 WAC and incorporated
herein by reference, together with any adjustments authorized therein.
(d)The air quality standards adopted by the Southwest Clean Air Agency (SWCAA)and any SWCAA
permit issued for a project.
(e)The terms of any permit issued for a project by a resource agency, including Washington State
Department of Fish and Wildlife, HPA, water quality permit, Chapter 90.48 RCW, shoreline permit,
Chapter 90.58 RCW, or permit issued by the U.S. Army Corps of Engineers.
(f) Conditions imposed in any final environmental determination, mitigated determination of
nonsignificance or final environmental impact statement under Chapter 43.21 C RCW.
(q) Health standards for wells and drain fields as set forth in sections such as Chapters 8.40 and 8.41
LCC.
(h) Flood hazard standards as set forth in Chapter 15.35 LCC.
Ordinance 1292 I Page 38
(i) Stormwater standards as set forth in Chapter 15.45 LCC.
(j)The supplemental requirements of Chapter 17.145 LCC.
(k)Other applicable standards.
17.142.030 Accessory Buildings.
(1)Accessory buildings and structures shall comply with applicable side setback requirements.
(2)Accessory buildings and structures shall comply with applicable back setback requirements.
(3) On corner lots, accessory buildings in the side setback adjoining a street shall not be erected or
altered so as to be nearer to the adjoining street line than 15 feet.
17.142.040 Assisted living facilities, convalescent homes, retirement facilities and similar uses.
When a special use permit is required for an assisted living facility, convalescent home, retirement facility
or similar use, the hearing examiner shall make a written finding that all terms of the state license which
govern location and physical development of the facility are met by the application.
17.142.050 Auctioneerinq Facilities—Regional.
Auctioneerinq facilities to serve the equipment needs of the transportation, industrial and agricultural
industries (including local and regional markets) shall be permitted as a special use. These facilities are
deemed to be consistent with the rural character and development patterns of Lewis County so long as
the following conditions are met:
(1) Site Characteristics.
(a)The site is at least 80 gross acres and does not exceed 240 gross acres.
(b)The building area on the site does not exceed 80,000 gross square feet.
(c)The site is located within one mile, measured horizontally, from a major transportation
corridor.
(2) Services. The use does not require urban services.
(3) Preservation of Rural Areas.
(a)Critical areas and their buffers are preserved on the site.
fb) No critical area variances are needed except to provide access and/or necessary utilities to
the site.
Ordinance 1292 ( Page 39
(4) Off-Site Impacts. The special use shall adequately mitigate potential off-site impacts, including, but not
limited to, parking, noise, lighting, fumes and dust, [Ord. 1283 §20, 2017; Ord. 1269 §39, 20161
17.142.060 Aviation Facilities.
(1)The following conditions apply to aviation facilities that provide landing surface and takeoff for aircraft
or heliports used by nine or fewer aircraft.
(a)All landing strips shall be designed, and the runways and facilities oriented, so that the incidents of
aircraft passing directly over dwellings during their landing or take off patterns is minimized. The facilities
shall be located so that traffic does not constitute a nuisance to neighboring uses. The hearing examiner
shall find, in writing, that the applicant has secured easements and other rights necessary to implement
runway protection zones and other safety regulations required by the FAA consistent with the proposed
aviation use.
(b)The proponents shall show that adequate controls or measures will be taken to prevent offensive
noise, vibrations, dust, or bright lights.
(c) New private use landing strips and heliports shall be allowed in rural or resource zones as a special
use,with the standards set forth in FAA regulations in effect on the date of application and subject to the
notice requirements of subsection (2)(a)(f)of this section.
(d) For purposes of this section, an ultra-light aircraft for personal use does not require a permit under this
section and shall be considered an accessory use for any residential site in excess of five acres.
(2)The following conditions apply to aviation facilities that provide landing surface and takeoff for ten or
more general aviation aircraft.
(a)The minimum lot size shall be 60 acres.
(b)The centerline of any such landing area shall not be located within 500 feet of any property line,
building, or structure. Provided that, a legal affidavit from adjacent property owner(s) allowing all, or a
portion, of that 500 feet as a recorded easement on their property, which is presented as part of a special
use permit application, shall be acceptable.
(c)The aviation facility shall comply with the standards set forth in the FAA regulations in effect on the
date of application.
(d) Fuels and lubricants associated with the operation of personal use aircraft shall be stored and handled
in accordance with pertinent state and county codes.
(e) Compliance with all current federal aviation regulations for the maintenance and operation of aircraft
shall be required.
Ordinance 1292 I Page 40
(f) Notification.
(i) Notification of a hearing for a special use permit application shall be sent, by first class mail, to
residents within 1,000 feet from any point on a proposed aircraft landing area. This notification is
intended to supplement all other notification requirements for special use permit applications
found in Chapter 17.05 LCC, and the appropriate notification requirements in LCC 17.158.
(ii)The notice of the special use hearing shall also be published in the newspaper of record and
in the newspaper of widest circulation in the area affected.
(q) Public aviation facilities shall be located on parcels where the allowed aircraft are at least 500 feet off
of the ground prior to crossing a property line on takeoff or landing.
(h) No residential structure shall be closer than 1,000 feet to the proposed air facility.
(i) No place of public assembly shall be located within one-half mile of the end of any such facility.
(j)The hearing examiner shall find, in writing, that the applicant has secured easements and other rights
necessary to implement runway protection zones and other safety regulations required by the FAA
consistent with the proposed aviation use.
17.142.070 Bed and breakfast use.
(1)A bed and breakfast use shall only occur in an existing residential dwelling that will be occupied by the
homeowner during the operation of the use.
(2) Bed and breakfasts, offering three or more lodging units to travelers and transient guests, shall meet
the standards for Transient Accommodations in Chapter 246-360 WAC.
17.142.080 Commercial/industrial buildings in certain LAMIRDs.
(1)A special use permit is required in the Small Town Mixed Use, Small Town Industrial and Rural
Residential Center/Shoreline Residential zones when certain proposals exceed the sizes specified below:
(a)Commercial/industrial uses, specified in 17.42, that exceed 15,000 square feet and do not otherwise
require a Special Use Permit in the Small Town— Mixed Use/Commercial (STMU) and the Rural
Residential Center/Shoreline Residential (RRC/SR)Zones.
(b)Commercial/industrial uses, as specified in LCC 17.42, that exceed 20,000 square feet in the Small
Town—Industrial (STI)zone.
(c)These provisions do not apply to home-based businesses.
(2)Special conditions.
Ordinance 1292 I Page 41
(a)The facility shall contain uses of a type and scale found in small towns/rural settlements.
(b) Off-street parking shall be sized to accommodate the intended uses.
(c)The adequacy and rural facility tests of Chapters 17.130 and 17.150 LCC shall be met.
17.142.090 Clustered tourist uses.
(1)Clustered tourist uses incorporate a group of uses that are targeted to the traveling public. These uses
include:
(a) Bed and breakfast uses.
(b) Motels/inns.
(c) Food service establishments.
(d) Convenience grocery or fuels.
(2)Convenience tourist uses may be located:
(a) On parcels within the Rural Development District that are located within 1,000 feet of the exit 63 or 68
on or off-ramps.
(b)Within the Freeway Commercial Zone or Small Town Mixed Use Zone.
(3)The maximum square footage of buildings for an entire group of clustered tourist uses shall be 30,000
square feet. No individual use shall exceed 15,000 square feet in size.
17.142.100 Fences Greater than Seven Feet.
(1) Fences greater than seven feet in height measured from existing average grade will be permitted
along the side and rear property lines if the following information is submitted and administrative approval
granted as provided below.
(a) Plan(s)showing the location of the proposed fence on the site plan and all buildings within 50 feet.
(b) Information about the type of fence material, proposed height, and construction details.
(2)The administrative approval shall find the following has been met in the approval decision:
(a)The fence shall not modify or impede existing drainage patterns.
(b)The fence must be erected and maintained within the property lines, and no fence shall be erected to
encroach upon a public right-of-way or access easement(s).
Ordinance 1292 I Page 42
(c)The supporting members of the fence, if erected along or adjacent to a property line, shall face the
tract or parcel of land upon which the fence is erected.
(d)The maintenance of the fence shall be accessible from the property on which the fence is located. If
access is needed from abutting property owners, a maintenance easement shall be established and
recorded with the county between property owners. The applicant shall be responsible for obtaining and
recording any maintenance easement(s) between property owners and shall provide the recorded
easement to Lewis County community development prior to approval.
(e)The fence will not be located within a clear view triangle per 17.145.140.
(f)The placement of the fence will not interfere with above and below ground utility easements and their
maintenance. If the proposed fence is within a utility easement written verification from the appropriate
utility company that it does not interfere is required prior to approval.
(q)The building official, planning and public works directors or their designee shall find that the fence as
proposed will not be detrimental to the neighborhood in terms of view, light, and air or injurious to traffic
safety and meets construction requirements/regulations as prescribed in the Lewis County Code. (Ord.
1233 § 1, 2011; Ord. 1170B, 20001
17.142.110 Home-Based Businesses that are Permitted Outright.
The following standards apply to home-based businesses that are considered a Permitted Use:
(1) No more than two persons, other than the family residing on the premises, shall be engaged in such
occupation.
(2)The use of the dwelling unit for the home-based business shall be clearly incidental and subordinate
to its use for residential purposes by its occupants.
(3)There shall be no change in the outside appearance of the building or premises, or other visible
evidence of the conduct of such home business, other than one sign, not exceeding four square feet in
area, non-illuminated and mounted on the property; provided that, day care facilities with 10 children or
less may use yard areas for recreation.
(4) No traffic shall be generated by such home-based businesses in greater volume than would normally
be expected in a residential neighborhood, and any need for parking generated by the conduct of such
home business shall meet the off-street parking requirements as specified in this title and shall not be
located in a required front yard. No more than two vehicles used for the operation of the business may be
parked on the site at any time.
(5) No equipment or process that creates noise, vibration, glare, fumes, odors, or electrical interference
detectable to normal senses off the subject lots shall be used in a permitted home occupation. In the case
of electrical interference, no equipment or process shall be used which creates visual or audible
Ordinance 1292 I Page 43
interference in any radio or television receivers off the premises, or causes fluctuation in line voltage off
the premises. [Ord. 1283 §21, 2017; Ord. 1269 §40, 2016; Ord. 1253, 2014; Ord. 1170B, 20001
17.142.120 Home-Based Businesses and Isolated Small Businesses that Require an
Administrative or Special Use Permit.
The following standards apply to home-based businesses and isolated small businesses that require an
Administrative or Special Use Permit.
(1) Permit required.
(a)An administrative permit is required for facilities up to 5,000 square feet in size, including home-based
businesses that change the outward appearance of a residence or building premises.
(b)A special use permit is required for facilities between 5,000 and 10,000 square feet in size.
(2) New facilities shall be in conformance with the Lewis County critical areas ordinance, and shall be
required to identify and take steps to protect resource activities where such activities occur nearby.
(3)All home-based businesses must be located on property contiguous to the parcel upon which the
owner or manager resides.
(4)A permit granted under this section shall be applicable to the facilities approved.When an owner
desires to move and to move the business, a new permit shall be required.
(5)The cumulative effect of similar uses in the neighborhood must be identified to assure that the land is
capable of accommodating the use without creating the need for new services or facilities which are not
rural in nature.
17.142.130 Marijuana production and processing.
(1)The location of all marijuana production and/or processing, including related structures, shall not be
closer than 100 feet from any property line when not located in the small town industrial and rural area
industrial districts.
(2)The location of all marijuana production and/or processing, including related structures, shall be on
parcels with direct access to a public road.
(3) No marijuana production and/or processing shall occur on parcels less than five acres in area, except
in the small town industrial and rural area industrial districts.A special use permit for marijuana production
and/or processing may require odor control measures to protect neighboring properties from potential
odor nuisances, as specified by the director of community development pursuant to LCC 5.20.030(1).
Ordinance 1292 I Page 44
(4) No facility used for marijuana production and/or processing shall use permanent standby or portable
power generators using combustible fuels as a sole source of electrical power, except during periods of
power outages.
(5)Any outside lighting proposed for marijuana production and/or processing, including security lighting,
shall have hoods and/or shields to prevent light transmission to neighboring properties.
(6) The position of cameras required for surveillance systems for marijuana production and/or processing
shall not intrude on the privacy of neighboring properties.
(7)All structures serving marijuana production and/or processing shall conform to LCC Title 15, except as
provided under RCW 19.27.065.
(8)All structures and uses serving production and/or processing of recreational marijuana shall conform
to LCC Title 8, pertaining to solid waste disposal, and to Chapter 8.40 LCC or Chapter 173-216, 173-218,
or 173-303 WAC, as appropriate, pertaining to sewage or wastewater disposal.
(9)The development of a marijuana producing and/or processing facility that will generate a liquid
industrial waste shall address either:
(a)The coordinated disposal with an existing municipal utility sewer treatment plant; or
(b)A permitted tank storage and transport disposal off site to a permitted facility; or
(c)An on-site closed loop system along with treatment and waste characterization.
(10)The development of a marijuana producing and/or processing facility shall implement a fully
approved public water supply consistent with Chapter 246-290 WAC or Chapter 8.55 LCC.
(11)All structures and uses serving marijuana production and/or processing shall conform to the licensing
requirements of Chapter 5.20 LCC.
(12) In addition to the buffer requirements stated in Chapter 314-55 WAC, marijuana production and/or
processing shall not locate within 1,000 feet of any hospital or any family home child care center as
defined in WAC 170-296A-1000. The distance shall be measured as the shortest straight-line distance
from the property line of the marijuana production or processing facility to the property line of the hospital
or family home child care center.
(13)A special use permit granted under Chapter 17.158 LCC for marijuana production and/or processing
shall expire automatically if the Washington State Liquor Control Board revokes the facility's valid license
issued under Chapter 314-55 WAC or if the facility's license under Chapter 5.20 LCC expires, is revoked,
or ceases to be valid. /Ord. 1271 §13, 20171
17.142.140 Marijuana retailers.
Ordinance 1292 I Page 45
(1) External security lighting for marijuana retailers shall shield glare or light transmission to neighboring
properties.
(2)The position of cameras required for surveillance systems for marijuana retailers shall not intrude on
the privacy of neighboring properties.
(3) Marijuana retailers shall conform to LCC Title 8, pertaining to solid waste disposal, and to
Chapter 8.40 LCC or Chapter 173-216, 173-218, or 173-303 WAC, as appropriate, pertaining to sewage
or wastewater disposal.
(4) Marijuana retailers shall implement a fully approved public water supply if and to the extent required
by Chapter 246-290 WAC and Chapter 8.55 LCC.
(5)All structures and uses serving marijuana retail shall conform to LCC Title 15, except as provided
under RCW 19.27.065.
(6)All structures and uses serving marijuana retail shall conform to the licensing requirements of
Chapter 5.20 LCC.
(7) Marijuana retailers shall locate on parcels with direct access to the following transportation routes
under the standards of the Washington State Department of Transportation: state highways, arterials, and
major collectors.
(8) In addition to the buffer requirements stated in Chapter 314-55 WAC, marijuana retailers shall not
locate within 1,000 feet of any hospital or any family home child care center as defined in WAC 170-
296A-1000. The distance shall be measured as the shortest straight-line distance from the property line of
the marijuana retailer to the property line of the hospital or family home child care center.
(9) No marijuana retailer shall locate on a parcel that is within the same ZIP postal code region as any
other marijuana retailer, except that in the region corresponding to the 98532 postal code, one retailer
may locate on each side of Interstate 5. Only marijuana retailers in unincorporated Lewis County shall be
counted when considering this limitation: Marijuana retailers located within an incorporated town or city
shall not preclude the location of another retailer within the same ZIP code.
(10)A special use permit granted under Chapter 17.158 LCC fora marijuana retailer shall expire
automatically if the Washington State Liquor Control Board revokes the facility's valid license issued
under Chapter 314-55 WAC or if the facility's license under Chapter 5.20 LCC expires, is revoked, or
ceases to be valid.IOrd. 1271 §13, 20171
17.142.150 Multifamily Housing.
(1) Multifamily housing is only allowed in LAMIRDs that have centralized water and wastewater facilities
that are able to accommodate the density of the units.
Ordinance 1292 I Page 46
(2)The density of a multifamily housing development shall not exceed 24 units per acre.
17.142.160 Public facilities.
Public utility buildings, telephone exchanges, sewage pump stations, electrical distribution substations,
and similar developments necessary for the operation of utilities shall comply with the following
requirements:
(1) If the installation is housed in a building, the building shall conform architecturally with the surrounding
buildings or the type of buildings that are likely to develop in the districts.
(2)Any unhoused or housed installations that do not conform to the architectural requirements of
subsection (1)of this section, shall be surrounded by sight-obscuring planting.
(3)Any unhoused installation of a dangerous nature, such as an electrical distribution substation, shall be
enclosed by a wire fence at least eight feet in height.
(4)All buildings, installations, and fences shall observe the yard requirements for buildings in the district
in which they are located. [Ord. 1170B, 20001
17.142.180 Religious buildings, community centers, grange halls, and similar structures for public
assembly.
(1) New religious buildings, community centers, grange halls and similar quasi-public use buildings in
residential use districts shall not cover more than 35 percent of their lots.
(2) Off-street parking shall be required and shall meet the standards of LCC 17.145. [Ord. 1170B, 20001
17.142.190 Regional Recreational Facilities.
The following standards apply to regional recreational facilities:
(1) Permanent access roads and permanent parking areas shall be hard surface to reduce mud and dust.
(2) Pistol, rifle, skeet, and other shooting facilities, which encourage education and training in the safe use
of lawful firearms, shall include a noise and range safety evaluation for property within one-half mile of the
proposed range. The hearing examiner must specifically find that the range does not pose a safety
hazard to any resident within the surrounding area.
17.142.200 Surface Mining Areas.
(1)Applicability. This subsection applies to the creation of new surface mining areas or the expansion of
lawfully permitted activities beyond an approved DNR reclamation plan area in effect on July 26, 1999.,
provided, however, this does not cover any mining activity which is less than three acres in size.
Ordinance 1292 I Page 47
(2) Mine Development Standards. All permits issued pursuant to this section shall require the following
minimum standards. The hearing examiner may increase buffers and mitigation when good cause is
shown.
(a) Setbacks/Screening.
(i)A 50-foot setback from the mine property and from all abutting property, consistent with and
subject to the reduction provisions of LCC 17.30.810, shall be maintained for areas of direct cut
or fill connected with resource extraction operations. For mining operations, the setbacks may be
increased when necessary to provide lateral support for abutting properties or public rights-of-
way.
(ii)A 25-foot wide screen, consisting of site obscuring vegetation, berms, or other methods
approved by Lewis County,shall be maintained within the 50-foot setback on the mine property.
This screen is meant to conceal the mine from public rights-of-way and/or property used for
residential purposes.
(Hi)Any direct extraction operation areas within a public utility right-of-way shall be subject to the
written conditions of approval from the affected utility,which shall be incorporated into the permit.
(iv)A 200-foot setback shall be maintained between any mining activity and any existing structure
occupied for sleeping or eating purposes but not including accessory structures such as barns or
outbuildings, existing at the date of application.
(b) Road Use.To assure the maintenance and development of adequate county roadways, owners of
surface mining operations may be required to enter into a haul route agreement with the county engineer
upon adoption and implementation of a haul route agreement program. The haul route agreement shall
address impacts immediately attributable to the project use.
(c)Traffic Safety. The operator may be required to install traffic improvement, control, and warning signs
to assure adequate access and traffic safety.
(d) Noise/Bright Lights.
(i) No development or activity shall exceed the maximum environmental noise levels established
by Chapter 173-60 WAC.
(ii) Bright lights shall be shaded or shielded from adjoining residential properties.
(e) Surface Mining Operation within Critical Aquifer Recharge Areas. Surface mining operations within
critical aquifer recharge areas (as designated in Chapter 17.35A LCC) shall meet the following standards:
(i) Fuel tanks and oil drums shall be double containment construction and protected by bermed
areas having adequate capacity to accommodate, contain, and allow the removal of petroleum
Ordinance 1292 I Page 48
spills. Fuel nozzles shall not contain locking devices. Fuel storage shall be above ground. Fueling
of mobile equipment shall be located at least 20 feet above the seasonal high ground water level
or within lined and bermed areas with adequate capacity to accommodate, contain, and allow the
removal of petroleum spills. Where the nature of the operation is such that the machinery cannot
be moved for fueling, or the aquifer is less than 20 feet from the surface, the hearing examiner
may approve an alternative fueling plan which accomplishes aquifer protection.
(ii)All operations shall maintain a fuels/hazardous waste management plan maintained by the
operator and available on the site at all times.
(iii)Surface mines shall not use any noxious, toxic, flammable, compactable, or combustible
materials not specifically authorized by Lewis County department of health for backfill or
reclamation. Noncontaminated process water used for gravel washing shall be routed to settling
ponds to minimize off-site discharges.A general permit from the Department of Ecology for
process and stormwater discharge may substitute for these requirements.
(iv) On-site truck and equipment wash runoff shall be routed to retention facilities equipped with
an oil-water separator prior to its release to settling ponds.
(v) Use of chemicals, petroleum or hazardous products, and disposal of such products, in
concrete or asphalt plant operations within critical aquifer recharge areas shall meet the
standards set forth in Chapter 90.48 RCW and Chapter 173-303 WAC.
(f) Public Safety. Owners of surface mines shall ensure their operation(s)will not be hazardous to
neighboring uses. Blasting activities shall be conducted so that ground vibrations comply with all state
laws about peak particle velocity, air pressure, and other state requirements, including but not limited to
Chapter 9 of the Blasting Guidance Manual identified below.All fly-rock shall be contained within the site.
All activities shall comply with the standards set forth in official guidelines, including but not limited to
Office of Surface Mining U.S. Department of Interior, Blasting Guidance Manual, 1987 ed., Explosives:
WAC 296-52-493, Part F, or as revised.
(g) Surface Water Permit.A National Pollutant Discharge Elimination System (NPDES) sand and gravel
general permit or individual permit, as appropriate, shall be a condition of approval and incorporated
herein by reference.
(h) Hours of Operation. Regular hours of operation shall be between the hours of 6:30 a.m. and 7:00
p.m.; blasting shall only occur during the time period between 10:00 a.m. and 4:00 p.m. Prior to any blast,
24-hour notice shall be given to all property owners or residences within 500 feet of any mine property
line. If a blast does not occur as scheduled in a notification, 24-hour renotification shall be required. The
hearing examiner may inquire into the proposed hours of operation and set additional limits when deemed
necessary to protect quiet enjoyment of neighboring residential properties. The hearing examiner may
include provisions for exceptions from established regular hours of operation. Extended hours may be
Ordinance 1292 I Page 49
requested and approved under conditions set by the hearing examiner, particularly for work on public
works contracts where an emergency may require work outside regular hours.
(3) Exceptions. This permit process shall not be applicable to mines regulated under federal mining laws.
17.142.210 Transient Accommodations other than Bed and Breakfasts.
(1) Site ownership.
(a)Transient accommodations with multiple parcels shall consolidate the lots into one larger parcel
and ownership (as part of the application).
(b) No division of the ownership of transient accommodations is allowed.
(2)Access and circulation. Transient accommodation sites shall meet the relevant county and state
access and circulation standards.
(3) State requirements. Conformity with the transient accommodation standards in Chapter 246-360 WAC
shall be required.
SECTION 24: Section 17.145.020 is amended as follows:
17.145.020 Required setbacks.
(1)Unless otherwise designated in this title or Chapter 15.15 LCC, tThe minimum required setbacks shall
be as follows:
Setback Residential Commercial Industrial
Front 25
40
40
As defined in LCC Chapter 15.15
Ffrom public right-of-way
From private right-of-way easement 0 I 0 0
Side 5
From public right-of-way As defined in LCC Chapter 15.15
From alley' 5 5 5
from-From property line 5 10 10
Ordinance 1292 I Page 50
Rear 45
0
0
From alley' 5 5 5
from-From property line 15 0 0
From abutting residential zone Rear
- 25 50
1 In no instance shall parking associated with the proposed structure be allowed in an alley,or allowed to back directly into an
alley.
(2)The administrator may reduce the required side or rear setbacks:
(a)To promote reasonable use of the property,where topography, critical areas or the lot's size
and configuration impact the reasonable development of the property.
(b)To compliment surrounding commercial or industrial development, in existing commercial or
industrial areas that are typified by setbacks that are less than those presented above, so long as
adequate fire protection is included in the design of the structure.
(3)An administrative reduction will be considered if:
(a)Justification for the request is included in the application. ad
(b)The reduction will not adversely affect health and safety_;and •
(c)When a reduction is used for the reasonable development of the property:
alt is demonstrated that the use of the proposed reduction cannot be reasonably
accommodated elsewhere on the lot; and
(iid)If granted, the reduction would be the minimum necessary for reasonable use of the lot.
An administrative reduction will be processed in accordance with LCC 17.160.055.
(3)Additional setbacks may be required near resource lands in accordance with
LCC 17.30.500, 17.30.660, 17.30.810 and Chapter 17.40 LCC. [Ord. 1253, 2014; Ord. 1170B, 2000]
SECTION 25. Section 17.145.030 is amended as follows:
17.145.030 Height limit.
Ordinance 1292 I Page 51
(1) Unless otherwise designated in this title, the maximum height limit shall be as follows:
(a4-) Residential, 35 feet
(b2) Commercial, 50 feet, except 35 feet when abutting (or within 50 feet of)a residential zone
(c3) Industrial, 50 feet plus one foot for every foot from property lines.
(d4)Agriculture, resource, communication, and public utility uses, none. [Ord. 1170B, 2000]
(2) Calculation of Building Height. The height of a building shall be the highest point of the structure when
measured from the average point of elevation of the finished surface of the ground within five feet of the
structure, provided narrow projections such as a chimney, spires, domes, elevator shaft housing, aerials,
antennas, and flagpoles shall not be considered.
SECTION 26. Section 17.145.050 is deleted as follows:
- .e • -
WAC, together with any med4icatiees permitted under the guidelines. More rigorous standards may be
• • . . . . .t.
SECTION 27. Section 17.145.080 is deleted as follows:
. - •- •
(1) Road construction standards as set forth in Resolution 97 441, as it may her after be amended;
(2) Health standards for wells and drain fields as set forth in Chapters 8A0 and 8.41 LCC;
process of updating the flood hazard maps in concert with the U.S. Army Ce9es of Engineers. Where the
• a. - -
__•. .• . - - --.e - - -- -- - - - - . - leee - - '=--- - • ' -- .. _ •-
l, A -11
(5)The development standards as identified in LCC 17.10.071 and this title. [Ord. 1198, 20001
Ordinance 1292 I Page 52
SECTION 28. Section 17.145.100 is deleted as follows:
requ}', ,eras
buildings or the type of buildings that are likely to develop in the districts.
planting.
(3)Any unhoused installation of a dangerous nature, such as an electrical distribution su-bctation, shall be
0)All buildings, installations, and fences shall observe the yard requirements for buildings in the district
in which they arc located.[Ord. 1170B, 20001
SECTION 29. Section 17.145.110 is deleted as follows:
Churches, institutions, clubs, and similar-asi public use buildings in residential use districts shall cover
not more than 35 percent of their lots;off street parking shall be required and meet tho standards of this
e••.-.-. e. !_, fte
SECTION 30. Section 17.145.120 is deleted as follows:
(1)The home occupation shall be clearly incidental to the residential use of the dwelling.
individuals other than those of the immediately family; except day care, which may provide recreational
(3)There is no external or internal alteration affecting the residential character of the building, and no
4) - - - - - .. ... . = - . - e • - • . . .', eft
SECTION 31. Section 17.145.130 is amended as follows:
Ordinance 1292 Page 53
17.145.130 Lot Area.
(1)Area. In any residential use district, the All minimum lot sizes shall be consistent with the requirements
of the International Building Code as adopted by Lewis County and Lewis County health regulations and
with the maximum residential density permitted within each use district.
(c)On corner lots, accessory buildings in the side setback adjoining a street shall not be erected or
within five feet of the structure, provided narrow projections such-as-a-eh-imhey, spires, domes, elevator
shaft housing, aerials, antennas, and flagpoles shall not be considered. [Ord. 1170B, 2000}
SECTION 32. Section 17.145.140 is amended as follows:
17.145.140 Clear view triangle
(1)Visibility at Intersections in Residential Zones. Fences, walls, or hedges may be installed except in the
following instances in which they may only be four feet or of a substance which does not interfere with
traffic visibility:
(a)Within a 25-foot vision clearance triangle formed by the intersection of two street rights of way.
(b)Within a 10-foot vision clearance triangle formed by the intersection of an alley and street right-of-way.
{2)Habitation in Rccr ational Vehicles. No rccr ational vehicle skull-be-used in place of habitation,
granted as provided below. •
- - - •' e.. -• - - *es - - - - - -• - - - -- - • •
(b) Provide the type of fence material, proposed height, and construction details.
(c)The administrative approval shall find the following has been met in the approval decision:
Ordinance 1292 I Page 54
encroach upon a public right of way or access casement(s).
easement to Lewis County corn unity development prier-to-approval,
(vi)The placement of the fence will not interfere with above and below ground utility casements and their
maintenance. If the proposed fence is within a utility easement written verification from the appropriate
utility company that it does not interfere is required prior to approval.
safety and meets construction requirements/regulations as prescribed in the Lewis County Code. [Ord.
1233 § 1, 2011; Ord. 1170B, 20001
SECTION 33. Section 17.145.150 is deleted as follows:
17.145.150 Development standards for marijuana production and processing.
industrial districts.
(2)Tho location of all marijuana production and/or processing, including related structures, shall be on
{3) No marijuana production and/or processing shall occur on parcels less than five acres in area, except
power-outages:
Ordinance 1292 I Page 55
shall not intrudo on tho privacy of neighboring properties.
. • .
to LCC Title 8, pertaining to solid waste disposal, and to Chapter 8. 10 LCC or Chapter 173 216, 173 218,
e A- 1 1
industrial waste shall address either:
(10)The development of a marijuana producing and/or processing facility shall i
approved public water supply consistent with Chapter 216 290 WAC or Chapter 8.55 LCC.
(11)All structures and uses serving marijuana production and/or processing shall conform to the licensing
requirements of Chapter 5.20 LCC.
•• • - . ,
defined in WAC 170 296A 1000. The distance shall be measured as the shortest straight line distance
.. . . - -
or ceases to be valid. [Ord. 1271 §13, 20171
SECTION 34. Section 17.145.160 is deleted as follows:
Ordinance 1292 Page 56
properties.
(2)The position of cameras-r-squired for surveillance systems for marijuana-retailers shall not intrude on
{3)Marijuana retailers shall conform to LCC Title 8, pertaining to solid waste disposal, and to
. _ - - . - * ••-• - - --- - e :.- qty--if and to the extent required
-•-e _ : '! A £ and Chapter 8.55 LCC.
nder RCW 19.27.065.
Chapter 20
under the standards of the Washington State Department of Transportation: state hig• _ , - '. .
major-colesters:
locate-within 1,000 feet of any hospital or any family home child care center as defined in WAC 170
(9)-No-marijuana retailer shall locate on a parcel that is within the same ZIP postal code region as any
other marijuana retailer, except that in the region corresponding to the 98532 postal code, one retailer•' - _ ._ •• - - -- - _- - • -- - - - - - -__•_ - - - - - -
automatically if the Washington State Liquor Control Board revokes the facility's valid license issued
under Chapter 311 55 WAC or if the facility's license under Chapter 5.20 LCC expires, is revoked, or
ceases to be valid. [Ord. 1271 §13, 20171
SECTION 35. Chapter 17.155 Nonconforming Uses is amended as follows:
Chapter 17.155
NONCONFORMING USES AND PARCELS
Ordinance 1292 I Page 57
Sections:
17.155.010 Continuation.
17.155.020 Expansion of nonconforming use.
17.155.030 Zone district change-Continuation.
17.155.040 Change to another nonconforming use.
17.155.050 Damage or destruction - Rebuilding permitted.
17.155.060 Lots of record.
17 155.065 Nonconforming lots of record.
17.155.010 Continuation.
Except as otherwise provided in this chapter, the lawful use of any building or structure (whether or not
covered by UBC or L&I), building, land, or premises, existing that exists on the effective date of the
adoption or amendment of the ordinance codified in this chapter, may be continued although such use
does not conform to the provisions hereof. If such nonconforming use is discontinued for a period of 36
months or more, any future use of said building, land, or premises shall be consistent with the provisions
of this title. [Ord. 1269 §38, 2016; Ord. 1170B, 2000]
17.155.020 Expansion of nonconforming use.
1. Expansion within Existing Structure. Nonconforming uses may be extended throughout any building or
structure (whether or not covered by UBC or L&I) partially occupied by such-the use at the time of
passage of the ordinance codified in this chapter.
2. Expansion of Building or Site. The expansion of a nonconforming use -:. _ • . _ •• • shall
be reviewed as a Type III application per Chapter 17.05 LCC, The expansion must be on the lot of record
as it existed at the time the use became nonconforming and the use shall not be expanded onto adjacent
lots. The expansion shallmay be approved if it is consistent with the applicable zoning regulations, except
the use restrictions, and the activity complies with Chapter ;. LCC. [Ord. 1269 §38, 2016; Ord.
11708, 2000]
17.155.030 Zone district change -Continuation.
When a zone district is changed, existing nonconforming uses may be continued consistent with the
provisions of this title. [Ord. 1269 §38, 2016; Ord. 1170B, 2000]
17.155.040 Change to another nonconforming use.
The change of a nonconforming use to another type of a nonconforming use shall be processed as a
Type III application per Chapter 17.05 LCC. The change of -e•_e• e -• •e _ _ •. may be approved if it
is consistent with the applicable zoning regulations, except the use restrictions, and the activity complies
with Chapter 17.158 LCC, providing that such change does not require the provision of water and sewer
utility-services at a level greater than that are currently available to the subject property, and that the new
nonconforming use does not result in greater impacts upon surrounding properties than the original
nonconforming use. [Ord. 1269 §38, 2016; Ord. 1170B, 2000]
Ordinance 1292 I Page 58
17.155.050 Damage or destruction -Rebuilding permitted.
If a nonconforming use or physical feature of a building or structure or group of buildings or structures on
erne-a site is damaged or destroyed by any means, that use shall be permitted to be rebuilt equal to the
square footage of the damaged or destroyed building(s), and for the same use and at the same location
on the site. Any such rebuilding shall meet the current building codes in LCC Title 15 in effect at the time
of the application for reconstruction. Rebuilding shall be timely if the application for development is filed
within 36 months of such damage. [Ord. 1269 §38, 2016; Ord. 1170B, 2000]
17.155.060 Lots of record.
Lots of record shall be as defined in LCC 16.02.050. [Ord. 1269 §38, 2016; Ord. 1170B, 2000]
17.155.065 Nonconforming lots of record.
Any permitted use or structure is allowed on legal lots of record which do not meet the minimum lot size
or width requirements of the zone; provided, that the setbacks requirements-and all other applicable
requirements conform to Lewis County regulations. [Ord. 1269§38, 2016; Ord. 1253, 2014]
SECTION 36. Chapter 17.158 Special Use Permits is amended as follows:
Chapter 17.158
SPECIAL USE PERMITS
Sections:
17.158.010 Purpose.
17.158,012 Special use permits.
17.158.020 Coneral criteria.
17.158.024 Special use criteria.
17.158.030 Special uses.
17.158.040 Revisions to special use permits.
17.158.010 Purpose.
Special use permits may be allowed as set forth in this chapter. Special use permits shall be reviewed as
a Type III application. [Ord. 1269§39, 2016]
17.158.012 Special use permits.
Special use permits shall run with the land and be binding on all parties with an interest in the land to
which the permit attaches. [Ord. 1269 §39, 2016]
The county adopts the following criteria as general criteria which shall be required as part of every special
use permit issued by the county:
. • • _• _ - _ - - - - -- - - - -- _ e t I I - - e _e -- - -
herein by reference, together with any adjust—:- - -. •- ' - •- -
Ordinance 1292 I Page 59
•- ,
any SWAPCA permit issued for a project.
Department of Fish and Wildlife, HPA, water quality permit, Chaptor 90.118 RCW, shoreline permit,
Chapter 90.58 RCW, or permit issued by the U.S. Army Cer{ ef Ems.
20464
proposed special use at the proposed location:
{1)Will be harmonious and in accordance with the general and specific objectives of the Lewis County
comprehensive plan and zoning regulations.
{2)W+N be adequately served by essential public facilities such as highways, streets, police and fire
protection, drainage structures, refuse disposal, water and waste disposal, and schools; or that the
persons or agencies responsible for tho establishment of tho proposed use shall bo able to provide
adequately any such services.
{3) not create excessive additional requirements at public cost for public facilities and services, and
{'1)Will-not involve uses, activities, processes, materials, equipment, or condit :•- : :-- _ _• _
de ,... - - -• - -- , - se:- , - - •: - - - - e -..e•. - - - • - - -- - - - - •
sur -... .. ... -
importance.• •
{7)Will ensure adequate protection is given critical areas, including surface and ground water consistent
with the critical areas requirements of Chapter 17.35 or 17.35A LCC.
The hearing examiner may condition such special use permit based on written-recommendations in
the county comprehensive plan, dovolopment regulations, and environmental regulations. [Ord. 1269§39,
2-0461
Ordinance 1292 I Page 60
•- _ _ . - •. . - • . . e •e e •n this chapter:
_ • •
(2)Rural Resorts as Identified in Tables 1 and 2, LCC 17A2.030 and 17.42.010.
(a) Special Conditions.
(i)Uses which propose development on more than 40 acres must be processed as a master
plan pursuant to Chapter 17.120 LCC.
(ii)All pormanont-assess roads and permanent parking areas shall be hard surfaso te-reduco
mud and dust.
{3) Recreation and Camping Facilities Subject to a Special-Use Permit Such as Mining Cams, River•-- - - - .•1 - - ----e ' ••.• - . •. . . - _ _ _ ••• - ' .•e ••eymerrt
of the Lewis County Out of Doors.
(a)Special Conditions. All permanent access roads and per---.-• e. . . . - •. -
surface to reduce mud and dust.
• --- - - - - - .. - .. - -- --- - , • - •- • - - a. ... --- - - • •-•17.120 LCC.
mud and dust.
specifically find that the range does not pose a safety hazard to any resident within the study
area-
(5) Private Aviation Facilities (Facilities Providing Landing Surface and Takeoff for Aircraft or Heliports
Ordinance 1292 I Page 61
{a)Special Conditions.
(i)All landing strips shall be so designed and the runways and facilities so oriented that the
required by the FAA consistent with the proposed aviation use.
offensive noise, vibrations, dust, or bright lights.
{iii) New private use landing strips and heliports shall be allowed in a rural or resource zee by
.. • • . .
application and subje to the same notice requirements-of subsection (6)(a)(v)of this section.
permit under this section and shall be considered an accecsory use for any residential site in
exec-s of five acres.
.
,'
tenant and subject to any limitations deemed necessary by the h aring examiner.)
(a)Special Conditions.•,. . . ••
• • .. ..
line, building,or structure; except that a legal affidavit from adjacent property owner(s)
allowing all, or a portion, of that 500 feet as a recorded easement on their property, presented
of application.
aircraft.
(v) Notification of special use permit application hearing shall go, by first class mail, to
- _ • • • ,fel _ - e• - - .._. e .' - -• - - - - -
Ordinance 1292 I Page 62
••• . - -.et
(vi) In addition to the requirements for a special use permit, the requirements of
RCW 36.70.547 shall be met.
(ix) No place of public assembly shall be located within ono half mile of the end of any such
facility.
other rights necessary to implement runway protection zones and other safety regulations•- - -- L A
-• • • --
(7-)Home Based Businesses and Isolated Small Businesses That Requ+re a Special Use Permit.
(a) Special Conditions.
(i)Any new facilities shall be located more than 200 feet from lands designated as critical
(ii)All home occupation facilities must be located on property contiguous to the parcel upon
which the owner or manager resides.
(iii)A permit granted under this section is applicable to the facilities approved, so long as all
criteria for home based industries are met. Where an owner desires t
{iv)The cumulative effect of similar uses in the neighborhood must be identified to assure that
_ _ • ■■• -e - - -e••••- -- - - - . ... ---- - -- . ' - . -
srea-ll-owns mixed use/commercial exceeding 10,000 square feet.
• -. - - • - 9,90e -e.. - -• . - _ - • • - _ • -
. ... - --
Ordinance 1292 I Page 63
(i)Special Conditions.
(A)The facility contains uses of a type and scale found in small towns.
(B)That off street parking is sized to accommodate the intended uses.
met
this code.
LCC 17.'12.030 and 17.12.040, RV parks up to 100 sites or up to-10 acres are processed through a
special use permit; those over 100 sites and up to 40 acres go through a rural master plan process,
(10)Crea#o.n-of New Surface Mining Areas or the Expansion of the Surface Mining Areas.
(a)Applicability.This subsection applies to the cr ation of new surface mining ar as or the
on July 26, 1999; provided, however, this does not cover any mining activity which is less than
three acres in size and less than 5,000 yards per year.
(b)Mine Development Standards.All permits issuod pursuant to this section shall roquiro tho
following minimum standards. The hearing oxaminor may increase buffers and mitigation whore
good-cause is shown.
(i)Setbacks/Screening.
(A)A 50 feat setback from the mine property and from all abutting proporty, consistent
with and subject to the reductien previsien✓' of LCC 17.30.810, shall be maintained for
_ _ _. ._ _ _. _. e • - ource extraction operations. For mining
abutting properties or public rights of way.
(B)A 25 foot screen within the 50 foot setback on the mine property, consisting of site
obscuring vegetation, berms, or other methods to conceal the mine from public rights of
maintained,
Ordinance 1292 I Page 64
{C)Any direct extraction operation a -. • ••• - --- - . •-• - - -
subject - •- • -• .e•- -• - --- - - - • •- . . . . -
• a I I t.- ••••• •••• -•
roadways, owners of surface mining operations may be required to enter into a haul route
to project use.
(iii)Traffic Safety.The operator may be required to install traffic improvement, control, and
warning signs to assure adequate access and traffic safety.
established by Chapter 173 60WAC.
-- -- - O- - - . • _ • - ' - - e- •- .. .. - _
subsection is to protect critical aquifer recharge areas as required by RCW 36.70A.060{2).
{A) Fuel tanks and oil drums shall be double containment construction and protected by
••_ _ _ e- - , _ - •_ I not contain locking devices. Fuel storage
Where the nature of the operation is such that the machinery cannot be moved for
fueling, or the aquifer is less than 20 foet from the surface, the hearing examiner may
by the operator and available on the site at all times.
Ordinance 1292 I Page 65
be routod to settling ponds to minimizo off site discharges. A general permit from the
requirements.
equipped with an oil water separator prior to its rcl ace to settling ponds.
all the standards set forth in Chapter 90.18 RCW and Chapter 173 303 WAC.
(vi)Public Safety. Owners of surface mines shall ensure their operation(s)will not be
hazardous to neighboring uses. Blasting activities shall be conducted so that ground
vibrations comply with all state laws about p ak particle velocity, air pressure, and other state
below.All fly rock shall be contained within the site. All activities shall comply with the
U.S. Department of Interior, Blasting Guidance Manual, 1987 ed., Explosives: WAC 296 52
193, Part F.
a. -_
and 7:00 p.m.; blasting shall only occur during the time period between 10:00 a.m.and 4:00
p.m. Prior to any blast, 24 hour notice shall be given to all property owners or residences
within 500 feet of any mine property line. If a blast does not occur as scheduled in a
the proposed hours of operation and set additional limits when deemed necessary to protect
segues - . - .-e - - .e•- -•- -- - - •-- e e-•... . - • -
laws:
(11)Auctioneering Facilities. Auctioneering facilities to serve the equipment needs-of the transportation,
industrial and agricultural industries (including the local and regional markets)are permitted as a special
Ordinance 1292 I Page 66
use. These facilities are deemed to be consistent with the rural character and development patterns of
(a)Site Characteristics.
(i)The site shall be at least 80 gross acres but shall not exceed 240 gross acres.
• e.' . _ __ _• • - •- I not exceed 80,000 gross square feet.
corridor.
(b)Services. The use does not require urban-sew ices,
(c)Preservation of Rural Areas.
(i) Critical ar as on the site shall be preserved with their buffers.
necessary utilities to the site. •.• _•
--- •- -- - - - •-• - •• -- - -- • - e• - --- , -but not limited to, parking, noiso, lighting, fumes and dust. [Ord. 1283§20, 2017; Ord. 1269§39,
2016]
17.158.040 Revisions to special use permits.
Revisions to special use permits may be processed as a Type I application; provided, that the proposed
changes are within the scope and intent of the original permit. "Within the scope and intent of the original
permit" shall mean the following:
(1) Lot coverage and height may be increased a maximum of 10 percent from the provisions of the
original permit; provided, that revisions involving new structures not shown on the original site plan shall
require a new permit; and provided further, that any revisions authorized under this paragraph shall not
exceed height, lot coverage, setback, or any other requirements of the regulations for the area in which
the project is located.
(2) Landscaping may be added to a project without necessitating an application for a new permit;
provided, that the landscaping is consistent with conditions (if any) attached to the original permit and is
consistent with the regulations for the area in which the project is located.
(3)The use authorized pursuant to the original permit is not changed.
(4) No additional over-water construction will be involved for shoreline conditional use permits.
Ordinance 1292 I Page 67
(5) No substantial increase in adverse environmental impacts will be caused by the project revision.
Revisions beyond the scope and intent of the original permit shall be processed as a Type III application.
[Ord. 1269§39, 20161
SECTION 37. All provisions of the Lewis County Code not specifically addressed herein shall remain in
full force and effect.
SECTION 38. 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 39. This ordinance is in the public interest and shall be effective September 24, 2018.
PASSED IN REGULAR SESSION THIS lilt DAY OF , 2018.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathap.Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
By: Civil Deputy Prosecuting Attorney Edn. J. Fund, j
art ATTEST: Robe C. J ck on, Vice Chair
Rieva Lester, Clerk of the Board Gary St mper, Co missioner
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Ordinance 1292 I Page 68
ATTACHN ENT B
LEIS COUNTY PLANNING COMMISSION
Robert W'hanneli,Chairman
LETTER OF TRANSMITTAL
To: Lewis County Board of County Commissioners
From: Lewis County Planning Commission
Date: July 24, 2018
Subject: Transmittal to the BOCC: Revisions to the Zoning Tables in Lewis County Code Chapter
17.42;and the Specific Standards for Uses Mentioned within the Tables
Dear Commissioners:
The purpose of this report is to transmit draft revisions to Lewis County Code Chapter 17.42,
and the standards for the uses mentioned within the tables.
General findings of fact:
1. Lewis County is required to plan for future development in accordance with the goals and
policies and Growth Management Act (Chapter 36.70A).
2. As part of its system for planning, Lewis County utilizes two tables in Lewis County Code
Chapter 17.42—Rural Area Zoning Summary—to articulate the zones where certain uses
are allowed, and the approval process needed for each of the use types. These tables
include a long and complicated list of allowed uses, do not correspond exactly with each
other, and do not list each of the zones in Lewis County.
3. To improve the chapter,the Planning Commission elected to combine the tables into one
common table, to simplify some of the use categories, and to include additional zones
within the table.
4. To best incorporate the changes from the zoning tables into the remainder of the code, the
Planning Commission elected to move some of the descriptions for some of the land uses to
the requirements for the individual use type.
5. The Commission also elected to consolidate all the standards for individual land uses into
one section of the Lewis County Code (the new Chapter 17.145). This revision would pull
the existing standards from a number of different code provisions including Chapter 17.42
(Rural Area Zoning Summary); Chapter 17.145 (Supplemental Use Standards); Chapter
17.158 (Special Use Permits); and Chapter 17.160 (Procedures for Administrative Approvals
and Administrative Reductions) and would place them into one chapter.
6. Staff provided notice for a Public Hearing on the proposed changes to the zoning tables and
use standards in the manner prescribed in LCC 17.12.050 on July 5, 2018.
7. On July 24, 2018,the Lewis County Planning Commission held a public hearing on the
proposed changes to the zoning tables in Lewis County Code Chapter 17.42; and the
standards for the uses mentioned within the tables.
8. Following the public hearing, the Planning Commission deliberated the measures and
determined that the proposed amendments reflected the needs of area residents, met the
intent and requirements of the Growth Management Act, and were in accordance with the
public interest.
Conclusions
Based on the above findings and conclusions, the Lewis County Planning Commission
recommends that the Board of County Commissioners pass an ordinance that adopts the
proposed changes to the zoning tables in Lewis County Code Chapter 17.42;and the standards for the
uses mentioned within the tables.
Being duly authorized to transmit the recommendations on behalf of the Lewis County Planning
Commission, I hereby respectfully submit the document to the Lewis County Board of County
Commissioners.
Submitted by '�'+ ti ,� �-�c,, Date 7 - 2...' - ,x)(8
Robert Whannell, Chair
Lewis County Planning Commission
ATTACHMENT
The following need to be considered as this proposal is moved forward
Biosolids, (as defined in RCWs), includes the following:
Class A biosolids, as produced by Chehalis and Centralia WVW'TPs locally and Three Rivers
WWTP (Longview)and Pierce County Chambers Creek WWTP (Waste Water Treatment Plant).
These are currently being applied in Lewis County on both ARL,RDD and Urban land. Have
Chehalis and Centralia WWTPs been told that they will need to check zoning of land their
biosolids is being applied to?
Class B biosolids,as produced by all other WWTPs in Lewis County and most others in the
state. Requires a state approval of Site Specific Land Application Plan and coverage under the
Statewide Biosolids Management Permit.Class B differs from Class A in level of pathogen
treatment. Class A is close to 100% reduction, Class B is 99% reduction, (average numbers,
clarification on request), Final treatment occurs on the land application site thus site has
considerable restrictions. (Pathogen level in class B biosolids averages less than 0.5% of what is
in chicken or cow manure that are applied without restriction). (There has never been a
confirmed or suspected case of pathogen transfer from a controlled biosolids site to human
reported in scientific literature anywhere in the world,and yes, they have looked. How many
people have gotten sick and died from pathogen transfer from animal manure?)
Biosolids Compost, a class A product currently being sold in Lewis County and used on urban
and rural lands. Also used in 60% of all potted plants sold in Washington. Is it the intent of this
proposal to require a Special Use Permit to put compost on your flower garden?
Biosolids bagged products, (registered as commercial fertilizer normally),currently sold in
Lewis County and used on urban and rural lands in Lewis County.
All of these biosolids products are restricted under proposed matrix. How is the county going to
regulate this? You won't be able to use compost on RDD land but you can use it on a day care
play ground in the city? The reality is this will be one more example of Lewis County's standard
operating procedure of selective enforcement. They will pick and choose who has to comply
based on politics.
Claim by"county staff' that the state did not "monitor diligently enough" biosolids use is simply
absurd. Although I have many concerns about the state biosolids regulation, it looks really well
when compared to Lewis County's last ten years they had delegation, which can only be classed
as bumbling incompetence. Consider Lewis County's refusal to regulate the sludge produced
from Darigold plant that was taken to Bob Nix's farm for over 20 years without any permits.
While at the same time we had to have solid waste permits to handle similar products. Even after
formal complaints were filed they continued to look the other way. Then when we began
handling the Darigold sludge we were told we had to have solid waste facility permits for it.
Compare monitoring of biosolids on our farms to the monitoring of other agricultural practices.
We spend many thousands of dollars each year monitoring our land as required by DOE. We
have identified problem areas and made corrections as needed. Most of these problem areas were
caused from other farm activities, not the biosolids, which would not have been identified were it
not for the monitoring required by DOE for biosolids. Our monitoring has also identified many
problems on neighboring farms.
Biosolids use presents less environmental risk and public health risk than use of animal manure.
With known environmental impacts coming from misuse of animal manures in the county we
only have minimal over sight of dairy operations and none of other animal operations. Perhaps
increased diligent in monitoring should be applied here rather than claiming biosolids needs
more oversight.
County has had documented evidence that on-sight septic systems are having a considerable
negative impact on water quality for over 25 years yet done little or nothing to fix the problem.
Now the claim biosolids is not"monitor diligently enough". It is time the county pulled their
head out of the sand and started dealing with what was real, instead of only dealing with those
things that are politically expedient.
Most commercial farms are a combination of ARL and RDD zoned land. Thus, some
practices will be restricted on some parts and not other parts of the farm. Zoning in Lewis
County was done in such a manner that there are no zones just differing restrictions on each
parcel. Timber land that was owned and operated along with farm land was classified RDD. The
result is commercial farms are restricted from expanding farm operations on land that is"part of
the farm"or on adjacent lands that might come up for sale. The actions proposed will only add to
the counties continuing effort to strangle and shut down commercial farms in Lewis County. Do
we really want a county with no real agriculture?
Unless the county is ready to reevaluate the zoning, that has individual parcels designated not
anything resembling zones, then all normal farm uses need to be allowed on all rural land.
Biosolids used on agricultural crops is a "normal and customary agricultural practice"
this has been confirmed by the courts. If this is adopted as is, we no longer have a Right to Farm
ordinance in Lewis County.
Confined Animal feeding operations are also banned from RDD zones in this proposal.
Banning and or restricting these uses would be a violation of Right to Farm acts as well (county
and state). This on the surface may not be a concern to some, but in reality, will mean the Right
to Farm ordnance is a worthless document when county can remove "normal and customary
agricultural practices" for political purposes at wilt. Also note that DOE now defines confined
animal feeding as one animal confined for 45 days.
Composting for off site sale is a normal activity on many dairy farms. If that dairy is located, or
part located on RDD land do we want to remove that option.
Storage of agricultural waste for off site use will require a S.U.P. Does this mean that is
someone has two acres and three horses they can not let the neighbor use the manure on their
garden?
How long will it be before we are going after other politically sensitive agricultural activities.
Pesticide use, GMOs, hemp production, large dairy operations, who will be next? Once the
county is allowed to start down this slippery slope there will be no stopping.
Fire Mountain Farms will survive. This has no immediate impact on us, but I see it as the foot in
the door to drive us and all other commercial farms out of the county. Those who want to keep
commercial agriculture as part of the landscape in Lewis County need to be very concerned.
Robert Thode
ATTACHMENTD
July 22, 2018
Lewis County Planning Commission
Chehalis Washington
Dear Commissioners:
Thank you for listening to me at your hearing last week I know you all take your
responsibility serious for the citizens of Lewis County.
In my statements I covered many things about the applications of class B biosolids
in our county. I am sure you know Fire Mountain has about seven application sites
in our county.
I gave you information of what our neighborhood has experienced with the
application application at the Newaukum Prairie located along Hiway 508 and
Forest Napavine road.
I believe one of several problems with the application at the Newaukum site is the
fact that class B material has to be stored either in a bunker or now a lagoon until
the land dries out enough to permit application. While the material is stored it
continues anaerobic action when it can be applied the smell is overwhelming to the
surrounding area.
A bunker was constructed on the Newaukum site about 2001 with the material
being applied in the late summer the vector smell was so bad it would water your
eyes and cause gagging in one case I ask County Commissioner Dennis l Iadler to
come out and observe the operation he proceeded to upchuck in the ditch. My friend
was a endontist by profession and stated to me that is the worst smell I have ever
encountered. I live across the hiway from the Newaukum Prairie site when
biosolids were applied during the week we could not even have a comfortable
backyard picnic on the weekend because of the smell being overwhelming,on
several occasions invited guest left because of the smell. I might add I complained to
DOE many times
After several years of application to the fields from the bunker Fire Mountain
constructed a lagoon capacity 3 million gallons 1 am told. I would ask you to check
out if a permit was ever issued to construct the lagoon. When the lagoon was
completed I was ask by DOE to come down and inspect the lagoon I told DOE I was
quite sure it would leak biosolids into the ground. Wen Hoffman, Lori Davies, Kyle
Dorsey from DOE Bob Thode and myself looked at the lagoon, I stated this lagoon
will leak into the aquifer. Bob Thode stated to the DOE personal present there is no
way this will leak because it is lined with an impervious clay liner. I also made the
statement that the Canadian Geese will be feeding off the fields this fall on the
biosolids and grass,
just as pair of geese landed on the field. For several years the goose hunters were
shooting. For several years Fire Mountain continued to apply from the lagoon
applications ranged from big gun sprinklers to liquid tankers and disking in an
attempt to apply under the surface the biosolids just popped up when the clay soil
closed back up. I have to give credit to Fire Mountain they tried several methods of
application HOWEVER the smell was always overwhelming. After several years of
operation the impervious clay liner failed and the ground water was being affected
by a leaking lagoon. (16.1 mg-N/L) THEN Fire Mountain Farms made the decision to
install a liner in the bottom of the lagoon the test at monitoring well before the liner
was installed was the highest ever at test NP-MWO2S. YOU SHOULD TEST THAT
WELL TODAY
I delivered many pictures to the county commission showing these operations and
always got the answer that the DOE was in charge to the operation and the only
thing they could monitor was the health hazards to citizens. I am aware of residents
who live near several to the sites around the county who have complained of the
vector (smell) when application is taking place, (Lincoln Creek, Middle Fork,and
Bunker Creek (Tony Schulter)
This material is applied so thick, I don't believe at an agronomic rate and with only
one person assigned to monitor from DOE, who really knows how many tons per
acre are being applied YEAR AFTER YEAR on the same acreage.The tons applied are
reported by Fire Mountain Farms. I tried to get tonnage reports from DOE many
times only received the reports given too DOE by the applicator.
I can tell you there has been a healthy stand of Douglas Fir trees growing for over
fifty years on the west side of the application site and those trees are all dead now
most have been taken down and cut up for fire wood. On my land 200 feet south of
the Lagoon most of the Cedar trees on my hoarder have died. I have observed
thousands of birds feeding I believe on cutworms just north of the lagoon; I believed
caused by over application, the area looked total brown. How many tons on the
same ground year after year is applied I don't think the department of Ecology
knows.The reports they get are from the applicator. (Fire Mountain Farms)
After asking for accountability to our county officials many times Commissioner
Shultie as I understand discovered that Fire Mountain had been putting Kalama
Chemical waste in the lagoon, the DOE said the waste was not a biosolid that could
be used for beneficial use and applied, the lagoon has been shut down for the last
three years. I have been told several times by DOE (Peter Lyon) the contents of the
lagoon will not he applied to the fields and must go to a land fill.The only actions
that I have seen at the lagoon are the pumping of the water that builds up in the
winter and is sent to a wastewater facility for treatment. Thus eliminating the over
flow of water to the fields. DOE has required this action. YOU NEED TO KNOW
WHAT IS IN THE KALAMA CHEMICAL
I have documentation that shows Fire Mountain Farms has been receiving Kalama
Chemical since 2001 we have the letter addressed to the DOE Win Hoffman stating
they were receiving the material HOWEVER the report of application and what it is
composed of is not in the report. It shows that year alone they received 2141.6 tons
from BF Goodrich which is now Kalama Chemical. (What is in it and over the years
how much came to Lewis County and NOW the DOE says it cannot be applied to the
ground) IT IS MY UNDERSTANDING THAT FIRE MOUNTAIN FARMS IS APPLYING
FORA DELISTING OF THE MATERIAL SUPPLIED BY KALAMA CHEMICAL
I believe quite a few of the application sites in Lewis County is on wet ground
therefore application of the material cannot happen until later in the summer,
commissioners ask your self what happens when you get rain all winter 42 "of rain,
where does the remainder of the Class B biosolids go,could it be down stream?An
adjoining landowner said sometimes after a heavy application in the fall of the year
the ditch west of the site after a heavy rain has run black. (Stated by Art Bloom
neighbor to the west of Newaukum site) I invite you to ask the neighbors about the
smell in the area during application.
Mr. Bob Thode stated at a hearing on August 7th 2009 that there has been significant
research done on biosolids use over the past 25 years and there is less enviornm
ental and public health risk than with fertilizers and animal manures. I would ask
the commission do you know all the different types of waste that has been applied in
Lewis County. It has not been jus class B biosolids.
I ask why now is the DOE saying Kalama Chemical waste cannot be applied when it
has been applied since 2001.
I testified before the Washington State Senate Committee in the presence of Lori
Davies that I felt ground water was being affected as well as surface water here in
our county by application of biosolids on the several sites that are permitted by DOE
for DUMPING in our county.
I would also like you to know that both Centralia and Chehalis waste water plants
produce CLASS A biosolids from there waste water treatment plants. The dumping
of waste from all over western Washington waste plants is a business and a cost
savings to those plants rather than hauling the material to a dry area in Eastern
Washington to be tilled in. I believe if you look at the profit of using Lewis County as
a DUMP the fees out weigh the profit of the products raised by the farmer on that
land.
?�c o 7, 2 474:/39
ATTACHMENT E
July 24, 2018
Lewis County Commission
Opinion In reg rds to Lewis County Bio-solids regulation.
Today bio-solids are exclusively regulated by the Washington State Department of Ecology(DOE).
Arguably, the DOE has not protected local families. They have known since as early as 2001, that
chemicals and Bio-solids were being mixed together and applied to Lewis County fields and without
making the elemental test results available publically or by FOIA, in this regard.
This has allowed man-made materials and inorganic/organic chemical contaminates that are not
recognized as Bio-solids by definition and law, to be obscured without pertinent permitting oversight.
Presently,the DOE has few staff members for on-site compliance state wide.Generally, the untreated
human waste material is held in leaking ponds most of the year and then applied to the soil over a few
month period,at the rate of 1,000 tons per field, making it an impossible quantity for one or two
inspectors to monitor. We need local governance of the Bio-solids industry, by revising the Lewis County
code.
Further, we do not know the level of contamination on our Newaukum Prairie fields or in our water.
According to a 2013 water report reformed for Fire Mountain Farm, one local test well is trending up in
Nitrates(16mg N/L)or about 60%above the state's safe drinking water level. We need chemical
contamination data on BF Goodrich, Kalama and Emerald Chemicals for the past decades and the Nitrate
trends(if they exist for this site). Further, we need to sample the DOE test wells, holding pond and other
private wells, with forensic level analytical techniques, performed by a state certified lab with data and
legal precedence. Technology today can be used to identify the unique signature of these aged and
complicated chemical slurries.The use of Mass Spectroscopy coupled with Gas and Liquid
Chromatography, are very definitive analyses tools, when used correctly for unknown substances like
chemicals mixed with 8io-solids.
Obviously, at a minimum, we need oversight and to enforce the State's ecology and water law's. Our
county could be an aid to the State, adding a fee structure to pay the cost of local over sight and testing.
I certainly would hope that you would support neighbors of the holding pond off the 508 and the
Newaukum Prairie area residents, to ensure health and safety for all, by doing your job in lieu of LC
citizens.
Sincerely,
Mark D. Winsor, 3623 Jackson Highway, Forest
ATTACHMENT F
To: Lewis County Planning
Lewis County Commissioners
I am very concerned about the proposed changes in that they would require Special Use Permit
for several"normal and customary agricultural practices" on RDD zoned land.
1. RDD zone is not just rural residential. The majority is production agriculture or forestry. From
my look at the maps and google earth, most of it is commercial forestry. Much of the RDD zone
is part of current commercial fanning operations.
2. Many commercial farms had part of their land zoned ARL and part RDD. This was not based
on land use but on lot size. Restricting confined animal feeding or composting or storage of
agricultural waste for sale on parts of existing farms will do great damage to our current
agriculture in Lewis County. All these are current practices on dairy and poultry operations. Both
of these can sell manure to certified organic farms, do you want to ban this practice?
3. Confined animal feeding is now defined by DOE as one animal for 45 days.Needs to be
defined as to how the county is going to view it. Dairy waste management rules now say 250
animal units and there is a push to lower that considerably.
4. Biosolids use should be encouraged. Biosolids presents less environmental and public health
risk than other fertilization methods. It is a resource we have available on the west side that
allows farms here to remain competitive. So will your decision be based on reality or politics?
5. Class B biosolids has been processed to "significantly reduce pathogens", Class A has been
processed to "further reduce pathogens". All other factors are the same. Pathogen risk of all
biosolids is exponentially lower that animal manure. There has never been a suspected or
confirmed case of pathogen transfer from a controlled biosolids land application site to human,
anywhere in the developed world. How many have gotten sick or died from animal manure use
on certified organic production. Biosolids has 80% less risk of runoff than animal manure and
less risk of leaching nitrates than animal manure or commercial fertilizer. It provides micro-
nutrient not found in commercial fertilizer and improves soil filth.
6. Chehalis and Centralia waste water treatment plants now produce Class A biosolids, all others
in the county produce class B biosolids. This will increase the difficulty and costs for small
treatment plants in the county. Under current state rules each source will need its own site and
can not be blended with other sources. Large farms with ARL land are not going to be interested
in a source that only produces enough for one to ten acres a year. But small farms in RDD might
be interested in providing a land application site. Time and time again the regulatory system has
stuck it to the small town WWTPs, looks like the county wants to jump on that band wagon.
7. Banning class B biosolids on some of our agricultural and forestry land may violate state law
and court case that found DOE was responsible for regulating biosolids. County should check
this out prior to adoption and wasting a lot of county funds.
8. When land use rules were passed in Lewis County the agricultural community was promised
that all normal and customary agricultural activities would be allowed in all rural land. We have
had a lot of lip service from elected officials claiming to support agriculture, now we find out if
any of that was real or not.
9. The Lewis County"Right to Farm"Ordinance clearly states that it covers all rural lands. Is it
the intent of the county to now invalidate the right to farm ordinance. That is what passing this
now would do. Was all the talk about preserving natural resource industry just that, talk?
I have worked much of my life trying to keep agriculture part of Lewis County. To survive
farming must be profitable. It is very depressing to see much of government, at all levels, trying
to drive it out. In Lewis County our soils are not the best, our climate is too wet in the winter and
too dry in the summer, labor is more expensive, land prices are out of reach of most ag
operations. So you have to find a competitive reason to be here.
For some that competitive advantage is close to market such as direct marketing vegies,For
others it is being able to make use of local resources such as cannery silage and other food
processing residuals as animal feed. For my operation it has been recycling biosolids for
fertilizer. It is the only way I know of that you can raise beef profitable in Lewis County. We
have also been able to improve economics of other farms trying to survive the negatives. For
others they inherited the land and will survive only until a generation has to pay fair market
value for it.
Look at what we have lost and ask yourself why is it gone. Turkeys once big here are gone, labor
costs and land prices were too high. Peas and sweet corn all but gone due to poor production, low
transport costs, (local cannery now ships in all peas and corn from other counties), and no water
rights available. Strawberries gone due to labor costs, land costs and laws preventing youth from
working. We are losing dairy operations every year due to high labor and land costs and inability
to expand to profitable scale. Many dairys will stay through this generation but when the heirs
want to split the pie, it will be sold. There are some direct market operations but several of these
are using water without a water right. Water rights that do become available for transfer are
grabbed by municipal or industrial use.
Now is the time to step up to the plate and either support agriculture or let us sell out and move
to a county that wants farm and forestry to be part of the landscape. If you want commercial
agriculture to be here you need to support the promises made when GMA/zoning was passed. All
normal and customary agricultural practices are allowed in all rural zones. There is no some ok
some not, start down the slippery slope and fanning is dead in Lewis County.
Respectfully submitted by
Robert Thode
Off riding my moto in Bulgaria, email if you have questions, RT @FireMtn.US
STAFF REPORT PUBLIC HEARING:ZONING TABLE AND USE STANDARDS
Date: July 31, 2018
To: Lewis County Board of County Commissioners
From: Fred Evander,Senior Long Range Planner
RE: PUBLIC HEARING:ZONING TABLE AND USE STANDARDS
Attachments: Attachment A: Ordinance 1292 (68 pages)
Attachment B: Letter of Transmittal (2 pages)
Attachment C: Letter from Robert Thode (dated June 26, 2018) (2 pages)
Attachment D: Letter from Bob Guenther(dated July 22, 2018) (3 pages)
Attachment E: Letter from Mark Windsor(dated July 24, 2018) (1 page)
Attachment F: Letter from Robert Thode (received July 25, 2018) (2 pages)
At the September 17, 2018 meeting of the Lewis County Board of County Commissioners,the Board will hold a
public hearing on potential changes to the zoning tables in Lewis County Code Chapter 17.42 and a new chapter
that would consolidate the standards for certain land uses (Chapter 17.142).
CONTEXT
Zoning Tables—The existing zoning tables in the Lewis County Code have several drawbacks:
• The existing tables are unnecessarily complicated. On the tables, certain uses are broken into several
categories,even though the categories have similar review processes.
• The matrices attempt to regulate: the appropriateness of the use; and to provide standards for the use.The
standards for the use should ultimately be in another section of the code to ensure that the requirements are
easier to locate.
• The tables related to Limited Areas of More Intensive Rural Development(LAMIRDs) (17.42.030) and Rural
Land Uses (17.42.040) do not regulate the same types of activities.Within the matrices, several uses are
regulated on one table, but are not addressed on the other. Mention on one table, but not the other, causes
confusion about whether the uses are permitted.
• Three mapped rural zones are not included on the tables. Within the code, two zones are entirely regulated
by the text of the code (Tourist Service Area and Rural Area Industrial), and one of the zones has no standards
for allowed uses (Park).
Use Standards—In addition to these drawbacks, the text of the code presents its own difficulties.Within the
current Lewis County Code, standards for land uses are spread throughout several sections of the document.
Some standards are located within the zoning tables themselves (17.42); some are found in Chapter 17.145
(Supplemental Requirements); some are found in Chapter 17.158 (Special Use Permits)and others are found in
Chapter 17.160(Procedures for Administrative Approvals and Administrative Reductions).
1
PROPOSED
With the proposed revisions,all zones,except Resource zones,would be consolidated into one matrix and many
of the use categories within the table would be combined. Additionally, all the standards for the uses would be
removed from the zoning tables and put into a separate section that would articulate the specific standards for
certain uses (the proposed Chapter 17.142).Together,these changes would dramatically improve the usability of
the code.
In making these changes, staff and the Planning Commission also cleaned up or revised several components of the
tables.Among the changes include the following:
• Multifamily housing would be permitted in certain LAMIRDs that have a public water system and a centralized
wastewater treatment plant.
• Mini-storage and event centers would be added as new use categories and would be allowed in certain
LAMIRDs.These activities are currently allowed in the Rural Development District, using the Isolated Small
Business process, but are not allowed in LAMIRDs.
• Certain agricultural uses would no longer require a Special Use Permit when conducted on Rural Development
District lands.
For a complete depiction of the potential changes to the zoning tables, please view the marked up version of the
tables at: https://iewiscountywa.gov/community-development/use-standard-changes
PUBLIC PROCESS
The Planning Commission conducted their public review in accordance with LCC 17.12.This review culminated in a
Public Hearing on the proposal on July 24, 2018. Following the hearing, the Commission voted 4 to 2 to forward
the changes included in the attached document to the Board of County Commissioners.
PUBLIC COMMENTS ON PROPOSED CHANGES
Several written comments were received over the course of the public outreach process.These comments are
attached to this Staff Report and pertain entirely to one small section of the code related to biosolids. Of the
comments,only the email from Robert Thode to Lewis County Planning/Lewis County Commissioners, was not
considered by the Planning Commission in making their recommendation of approval.
Additionally, it should be noted that, while not reflected in the record, representatives of the Farm Bureau,
participated in the development of the code changes, particularly the Resource provisions in Table 1 of Section
17.42.020. While their perspectives are not reflected in the record, members of the group that drafted the
changes have voiced their support to staff about the proposed revisions.
RECOMMENDATION
The Board of County Commissioners should consider the changes to the zoning table in LCC 17.42,as well as the
potential complementary use standards, at the public hearing on September 17, 2018. Following the
consideration of any public comment,the Commission may adopt Ordinance 1292 or take any other action that
the Board deems fit.
2
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
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I
RECYCLING.
Date: September 17, 2018
RE: Proposed Lewis County Ordinance 1292
Comments from Bio Recycling Corporation, Centralia WA
Dear Commissioners:
Bio Recycling Corporation (Bio) is based in Centralia. It was formed in 1991 to receive
and treat the liquid waste materials collected by Lewis County septic tank pumpers. The
need for this service grew out of regulatory compliance issues at the Lewis County
owned septage composting site on the Centralia-Alpha road and capacity constraints at
the Centralia treatment plant at Mellon street which frequently resulted in exceeding
regulatory standards in its effluent discharged into the Chehalis river. Shortly after Bio
began operations, Lewis County and Centralia chose to stop accepting deliveries from
septic tank pumpers. We continue to provide this service at our plant located on Fords
Prairie near Centralia. We have 12 full time employees that enjoy family wage jobs and
many company provided benefits.
Bio utilizes the EPA approved process of alkaline stabilization for treatment. This
process reduces odors and kills virtually all pathogens. Trash and grit are removed and
sent to landfills. The treatment process takes a minimum of 24 hours and produces
liquid Class B biosolids. These biosolids have been delivered to and applied to local
farm lands on a year-around basis since 1991. Forage crops for hay production and
cattle grazing are produced. The services offered by Bio benefit thousands of home
owners in Lewis and surrounding counties. Lewis County home owners enjoy one of
the lowest cost septage disposal rates in Western Washington.
Bio supports regulations that improve the safety of recycling biosolids. As a major
provider of essential waste management services, we have always been invited to
review and comment on the impact of state regulations. Since its inception in 1991, Bio
has never been contacted by Lewis County regarding proposed county regulations that
could adversely impact its business, including ordinance 1292.
Bio supports Lewis County's efforts to protect the natural resources and rural nature of
the county through land use zoning that encourages agriculture and forestry. In
particular we support the changes in Ordinance 1292 that eliminate the need for a
special use permit for the agricultural practices listed in Lewis County code sections
I
R
17.30.610 through 630. However, we cannot support H in Table 1 which makes it
necessary to obtain a special use permit to apply biosolids to RDD 5, RDD 10 and RDD
20 zoned land unless the biosolids are applied according to WAC 173-308-250 and 260.
We hereby request that Lewis County not single out Class B biosolids in a manner which
conveys to the public that Lewis County's leaders believe biosolids recycling is not
adequately regulated by the State. Bio understands the negative public perception of
biosolids. We live with it every day. Our employees live with it every day. The
perception begins at a very young age and is reinforced throughout most people's lives.
Although recycling is almost universally accepted as a necessary practice, many people
can never accept the concept of converting human waste into a soil amendment or plant
fertilizer, a fact that almost certainly will not change. But government leaders have a
duty to serve all of the public's interests, setting policy derived from an objective
consideration of factual information from credible sources. Don't send the wrong
message, don't contribute to fear and lack of understanding. Zoning changes that
restrict the beneficial recycling of biosolids in Lewis County will likely increase future
costs to most homeowners. Changes to the code with respect to biosolids as proposed
will foster the belief that biosolids recycling should be discouraged in Lewis County, that
the right to farm does not extend to those who wish to use biosolids as a soil
amendment.
Thank you for your time and consideration,
Roger and Linda Hickey
Owners
About us:
Both Linda and I grew up and attended school in the Centralia area and we continued
our education at Centralia College. We started our family and careers in this area,
eventually choosing to base our business in Centralia. Bio Recycling has operated in
Lewis County for 27 years, we are now a second-generation business with both our son
and daughter managing the business. Our family strives to serve the public with pride
and honesty as entrepreneurs. The decision to start a business in biosolids treatment
and management was based on my twelve years of working in land reclamation at the
Centralia Coal Mine and witnessing the benefits of utilizing biosolids to reclaim mined
lands.
www.biorecycle.com
BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: Sep 17, 2018
Suggested Wording for Agenda Item: Agenda Type: IIearing
1-fold a public hearing for Ordinance 1292, changes to LCC 17.42, zoning tables.
Contact Lee Napier Phone: 3607402677
Department: Community Development
Action Needed: Approve Ordinance (traffic or other)
Description
Lewis County currently utilizes two tables to regulate land uses within the County (in LCC 17.42). These tables
include a long and complicated list of allowed uses, do not correspond exactly with each other and do not list
each of the zones in Lewis County.
To improve the land use regulation system, the Planning Commission elected to combine the two tables into a
single table, to simplify some of the categories, and to include additional zones within the table. The
Commission also proposed consolidating some of the standards for individual land uses into a new Chapter
17.142.
Publication Requirements:
Approvals:
_..............................._................. — ...�.. -- — i Hearing Date: Sep 17, 2018
User Group Status
Publications:
Eisenberg, Eric Pending
Lester, Rieva Pending Publication Dates:
Napier, Lee Pending
Additional Copies
Lee Napier
Fred Evander
Pat Anderson
Eric Eisenberg