Ord 1293: Amending Chapter 15.15 Building Setback Regulations to reduce instances where a larger setback may be required. ORDINANCE 1293
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
AN ORDINANCE OF THE COUNTY OF LEWIS,AMENDING ) ORD 1293
CHAPTER 15.15—BUILDING SETBACK REGULATIONS— )
TO REDUCE THE INSTANCES WHERE A LARGER SETBACK )
MAY BE REQUIRED, BUT THE ADJACENT ROAD OR ALLEY )
WILL NEVER BE EXPANDED )
WHEREAS,the Lewis County Code (LCC)contains Chapter 15.15—Building Setback Regulations—a
section that details standards for building setbacks from public rights-of-way; and
WHEREAS, under the chapter, a 55-foot setback is required from the centerline of a right-of-way that is
under 60 feet in width, and a 25-foot setback is required for roads greater than 60-feet in width, and no
special provisions are made for alleys or smaller roads, or areas with existing development that make it
unlikely that the right-of-way will ever expand; and
WHEREAS,the setbacks within the chapter are crafted in part to ensure that Lewis County will not have
to purchase a structure in the future if a right-of-way needs to be expanded; and
WHEREAS, if a right-of-way is unlikely to be expanded,the building setbacks serve a limited purpose;
and
WHEREAS,to reduce the instances where a larger setback may be required, but the road or alley will
never be expanded, Lewis County desires to better distinguish when the building setbacks from a
roadway may be required; and
WHEREAS,the Board of County Commissioners (BOCC) held a public hearing on September 17, 2018,
prior to making this Lewis County Code change; and
WHEREAS,following the public hearing,the BOCC considered the proposed change to be in the public
interest of residents in Lewis County;
NOW THEREFORE BE IT RESOLVED that the Lewis County BOCC do hereby amend portions of Chapter
15.15 of the Lewis County Code as follows:
SECTION 1: Chapter 15.15 is amended as follows:
Chapter 15.15
BUILDING SETBACK REGULATIONS
Sections:
15.15.017 Name and purpose.
Ordinance 1293 I Page 1
15.15.020 Definitions.
15.15.030 Applicability.
15.15 040 Setback.
15.15.050 Variance.
15..15.060 Notice and penalties.
15.15.070 Fees.
15.15.010 Narne-and-pPurpose.
(21)Purpose. The purpose of this chapter shalt-beis to establish standard setbacks for buildings along
Lewis County road rights-of-way, and to promote the safety, health, welfare, comfort, and well-being of
the residents of Lewis County, and to provide f orc along county road rights
of way of appropriate-setbacks. [Ord. 1157, 1998; Ord 1043 Art. I, 1975]
15.15.020 Definitions.
(1)"Board" means the Lewis County board of commissioners.
(2)"Building section" means the Lewis County community development departmentivisier}, building
section.
(3)"Building" means all residential buildings, attendant outbuildings, or commercial/industrial structures
which are intended for use as housing for human beings, animals, or carrying on any
commercial/industrial enterprise; provided such term shall not mean any fence, sign, or any similar
structure.
(4)"County"means Lewis County, a political subdivision of the state of Washington.
(5)"Right-of-way" means a Lewis County road right-of-way, either existing-or,,to be dedicated as-part-of-a
or otherwise acquired.
(6)"Setback"means the minimum distance between any portion of a any-building and a right-of-way
boundary or centerline as hereinafter described. [Ord. 1157, 1998; Ord 1043 Art. II, 1975]
15.15.030 Applicability.
(1)Applicability. Provisions of this chapter shall apply to all construction commenced upon or after the
effective date of the ordinance codified in this chapter of-for any residential building, attendant outbuilding,
or commercial/industrial structure upon any parcel of real estate bounded on any-one or more sides by
any one or more a county road rights-of-way, or rights-of-way to be dedicated in the future to the county
within a platted area.
Ordinance 1293 I Page 2
(2) Requirements Maintained. Nothing in this chapter shall have the effect of waiving any of the
requirements Chapter 5 of the International Building Code, and pursuant to Chapter 1 5.05 LCC pertaining
to allowable area increases. [Ord. 1157, 1998; Ord 1043 Amendment 2, 1984; Ord 1043 Art. III, 1975]
15.15.040 Setback.
(1) Minimum Setback, 60-Foot Right-of-Way.
(a)The Mminimum building setback from any county road right-of-way, 60 feet in width or less, shall be
55 feet from the right-of-way centerline, as established by the records of the Lewis County engineer.
Provided that this standard shall not apply to alleys.
(b)Where the existing right-of-way has only been constructed as a half street improvement(and the other
half has not yet been constructed), the 55 feet shall be measured from the planned center of the overall
width of the total right-of-way.
(2) Minimum Setback, Greater than 60—Foot Right-of-Way.The minimum building setback from any
county road right-of-way greater than 60 feet in width shall be 25 feet from the near edge of the road
right-of-way as established by the records of the Lewis County engineer.
(3)Setbacks Not Bounded by Rights-of-Way.All setbacks for buildings not bounded by or related to
county road rights-of-way shall be determined from and controlled by Chapter 17.145 LCC or Table No.
602 of the International Building Code and Table No. R302.1 of the International Residential Code, and
pursuant to Chapter 15.05 LCC, whichever is the more restrictive.
(4)Reduced Setback Permits.
(a)When applicable.Where topography or other existing conditions se
promote setbacks from county road rights-of-way that are less than the minimum provided twin
subsections (1)and (2)of this section, the owner of the subject land may apply to the county engineer
ion-for a reduced setback +t.Approval of the request is at the discretion of
the county engineer, as guided by this section.
(b) Potential instances. Situations that may warrant a reduced setback include, but are not limited to:
-(i) Parcels that require a 55-foot setback from the centerline(when the right-of-way is less than 60 feet in
width)along a local access road that is unlikely ever to require expansion.
(ii) Buildings that require a larger setback than adjacent existing neighboring buildings along the same
street.
(c)Considerations and findings of fact.
(i)Considerations. In the consideration of a reduced setback, the county engineer should review the
federal functional classification of nearby roads and determine if the subject road is, or will be, a key
Ordinance 1293 I Page 3
transportation connection in the local area. If the connection is determined to be an important connection
that is necessary to promote travel within the area and future expansion of the road is likely, no setback
reduction shall be allowed.
-perrnittirig-a-reduction of setbacks h= - - - -- --- -- e - e- .- •..• . -•-: .hal} }o less•tbab-a-rnirdfnuib-ef-36-fee e•• •: - - •- - •- . -- e . e _. -
60 feet in width th • e _ _. •• . .e• , (iilFindings of fact_
The county engineer may issue Mucha reduced building setback permit publ.- e . _. -• , -
minty engineer and the buildi when:
(A)The owner has-agreedagrees to locate and develop the access in the manner specified on the
permit, which-and the access isshall-be so designed that the backing of vehicles into or from the
road section of the right-of-way will not be involved; and
(B)The access is so located that if the existing or indicated sight distance is less than the sight
distance recommended by the edition of the Design Manual of the Washington State Department of
Transportation that is current on the date of application,that the impaired sight distance is not
further reduced by the reduced setback; and
(C)The owner agrees not to request any further approach permits in any location that are
inconsistent with the restrictions imposed by subsection (b) above; and
(D)The reduced setbacks will not interfere with existing alignments or indicated realignments of the
county road including changes in curves and slopes for cuts and fills.As used heroin llndicated
sight-distances-and-indicated-realignments for county roads are determined-evaluated based upon
the conformi�rance of the existing road in the vicinity of the land-affected-by-the-applicationsite to
adopted county standards for county roads.
(5)Appeal.Any person dissatisfied with the decision of the public works division department in its
consideration of the application for reduced setback permit may appeal such decision to the Lewis County
hearing examiner pursuant to Chapter 2.25 LCC. [Ord. 1179§3 (Exh. B), 2002; Ord. 1157, 1998; Ord
1043 Amendment 2, 1984; Ord 1043 Art. IV, 19751
4 050-Variance:
(4)-Applicatio -Arry-p- .. . . .. . ... .•.e• • - e. d-otherwiseapply-may+ ake-application for
variance-open-forms-te-b- - - .2"e - •- e- - e -- - . 'ny such application shall succinctly state the
n' -e--• -•2 - 2" - - -- - ---myhearingexaminer
pursuant to Chapter 2.25 LCC, for purposes of a substantive, public „ng
(2)Hearing.At any hearing on application-for-varia--: - .•.: .
, - •-- '11g-examiner-sk}all hoar•d-take .: e --- .•e - - •e - - -• - •- •: •: - -- -
chaptor would occasioc--undue, e -- -- e.• -- •-- -
- --- -- - • -- - •- e: - •errtal-te-the
Ordinance 1293 I Page 4
health, safety and welfare of Lewis County and its residents. Safety of land or building users, traveling
mile-parcel size, shape, topography,use, vehicular entra - e - , e - -• -•_ - _•._ .
foreseeable future widths of right of way, re.: • - . . _• oreseea
ids or changes, loss-of-right-to--use-subject land, shall be items considered-at any hearing.
(3)Finding. If at-h . _• _ - ._ _ - .•.* - -e-hearing examiner shall find that
application-of the normal-setback herein contained--would-cause-undue and practioal4iffioulties-ta-the
applicant and the granting of the vato t-be detrimental to t-- •-_ - . .nd_Welfare-of
Lewis County and its residents, tlehearing-examin- . - .. •_ • . o grant such variance upon
such conditions as shall-be-deemed necessary-and--proper-to preserve-harmony ral-purpose
and-intent of this chap - . e , !•;.; e e !•_ • • . •-nt 1, 1979; Ord. 1013 Art. V, 1975}
15.15.060 Notice and penalties.
)�letise to {+ild- • •. --- .• . e.' e...* :: --it application is-submitted-to-the build e
applicant shall-be-given written notice of the applicable setback-requirements—for—his p
as-the same are related to county road rights-of-way-bounding the real estate-whereupon such structure
is to be situated.
(12) Penalties. Any person who shall on or after the effective date of the ordinance codified in this chapter
construct, erect, build, or commence construction, erection, or building, of any structure in violation of any
setback established hereby, relative to county rights-of-way, shall be subject to the penalties in
LCC 1.20.020 and;1.20.040. [Ord. 1180§19, 2002; Ord. 1157, 1998; Ord 1043 Art.VI, 1975]
15.15.070 Fees.
The fees for this chapter, except as otherwise referenced, are set forth in LCC €;. 05,-035. [Ord. 1158,
1998].
SECTION 2. All provisions of the Lewis County Code not specifically addressed herein shall
remain in full force and effect.
SECTION 3. If any part of this ordinance is found to be invalid by a court of competent
jurisdiction, the remainder of the ordinance shall remain valid and continue in full force and
effect.
SECTION 4. This ordinance is in the public interest and shall be effective immediately.
PASSED IN REGULAR SESSION THIS 1111—DAY OF 4k44t12-,-2018.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Ordinance 1293 Page 5
By: Eric Eisenberg, Deputy Prosecuting Ed'a J. Fund, C air /
Attorney /
ATTEST: 'obert Ja kso ice Chair
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Rieva Lester, Clerk of the Board ary S a pe , C m ssioner
•4�1s COUNTx •�„•
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Ordinance 1293 l Page 6
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
STAFF REPORT PUBLIC HEARING: BUILDING SETBACK REGULATION AMENDMENTS
Date: July 30, 2018
To: Lewis County Board of County Commissioners
From: Fred Evander, Senior Long Range Planner
RE: PUBLIC HEARING: BUILDING SETBACK REGULATION AMENDMENTS
Attachments: Ordinance 1293—Building Setback Regulations Amendments (5 Pages)
At the September 17, 2018 meeting of the Lewis County Board of County Commissioners, the Commission will
hold a public hearing on Ordinance 1293, potential changes to Lewis County Code (LCC) Chapter 15.15, relating
to building setbacks from public roads.
CONTEXT
Lewis County Code Chapter 15.15—Building Setback Regulations—details standards for building setbacks from
public rights-of-way. Under the chapter:
• A 55-foot setback is required from the centerline of rights-of-way that are under 60 feet in width.
• A 25-foot setback is required for roads greater than 60 feet in width.
• No special considerations are made for alleys or smaller roads,or areas with existing development,
that make it unlikely that the right-of-way will ever expand.
The existing setbacks are crafted in part to ensure that Lewis County will not have to purchase a structure in
the future if a right-of-way needs to expand. However, in areas where a right-of-way is unlikely to ever expand
or along alleys, the standards are unnecessarily restrictive.
PROPOSED CODE CHANGES
The proposed code changes would expand the number of situations where building setbacks could be reduced
by landowners, particularly in instances where the width of the adjacent right-of-way is unlikely to ever
expand. Potential instances of when a right-of-way is unlikey to expand include:
• Along a local access road that is unlikely ever to require increased width.
• When a building requires a larger setback than adjacent existing neighboring buildings along the same
street.
As part of the consideration of proposals to reduce the setbacks, "the county engineer should review the
federal functional classification of nearby roads and determine if the subject road is, or will be, a key
transportation connection in the local area. If the connection is determined to be an important connection
that is necessary to promote travel within the area and future expansion is likely, no setback reduction shall be
allowed."
RECOMMENDATION
The Board of County Commissioners should hold a public hearing to consider Ordinance 1293 on September
17, 2018.
1
BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: Sep 17, 2018
Suggested Wording for Agenda Item: Agenda Type: Hearing
Hold a public hearing to consider Ordinance 1293, amending Lewis County Code chapter 15.15.
Contact Fred Evander Phone: 3607402677
Department: Community Development
Action Needed: Approve Ordinance (traffic or other)
Description
LCC 15.15 details standards for building setbacks from public rights-of-way. Currently a 55-foot setback is
required from the center line of rights-of-way that are under 60 feet in width, and a 25 foot setback is required
for roads greater than 60-feet in width. Under the existing standards, no special provisions are made for alleys
or smaller roads, or areas with existing development that make it unlikely that the right-of-way will ever
expand.
This ordinance would better distinguish when setbacks can be reduced in instances when it is unlikely that the
adjacent road or alley will ever be expanded.
Approvals:
Publication Requirements:
:........................ �.. — Hearing Date: Sep 17, 2018
User Group Status Publications:
Eisenberg, Eric Pending
Lester, Rieva Pending Publication Dates:
Fife, Tim Pending
Napier, Lee I Pending
Additional Copies
Lee Napier
Doyle Sanford
Fred Evander
Pat Anderson
Eric Eisenberg
Tim Fife