The land use regulations and zoning maps of the UDC constitute the zoning ordinance and regulations for the unincorporated area of the county. It is the purpose of this title to classify, designate and regulate the development of land for agriculture, forest, residential, commercial, industrial and public land uses as a means of implementing the Clark County comprehensive plan text and map; to provide adequate open spaces for light, air and the prevention of fires; to provide the economic and social advantages which result from an orderly, planned use of land resources; to facilitate energy conservation and the use of renewable energy resources to enhance the livability and quality providing a basis for wise decisions with respect to such development; to provide for desirable, appropriately located living areas in a variety of dwelling types and at a suitable range of population densities; to provide for the preservation of adequate space for industrial, commercial and other activities necessary for a healthy economy; to lessen congestion of streets; to seek alternative transportation options in conformance with the adopted county transportation plan; to stabilize expectations regarding future development, thereby, timely and reasonable administration respecting the due process set forth in this title and other applicable laws; and to protect and promote the public health, safety and general welfare.

A.    Classification of Zoning Districts.    For the purposes of this title, the county is divided into zoning districts designated as shown in Table 40.200.020-1.(Amended: Ord. 2008-12-15; Ord. 2009-06-16; Ord. 2009-12-01; Ord. 2010-12-12; Ord. 2012-12-14; Ord. 2016-06-12; Ord. 2017-07-04; Ord. 2019-05-07)B.    Zoning Maps.1.    Original Maps. The designations, locations and boundaries of the districts set forth in Chapter 40.200 shall be shown on the zoning maps of Clark County, Washington. Said maps and all notations, references, data and other information shown thereon shall be and are hereby adopted and made a part of this title. The signed copies of the zoning maps containing the zoning districts designated at the time of adoption of ordinance codified in this title shall be maintained without change on file in the office of the County Auditor. Any land or property not specifically identified with a zone designation shall be considered to be zoned as is the most restrictive zone classification designated on adjoining and/or abutting properties, until such time as it is determined otherwise by a rezone action.2.    Revised Maps. Council may, from time to time, direct the County Auditor to replace the official zoning maps, or portions thereof, with a map or maps, or portions thereof, which include all lawful changes of zone to date. Such maps, or portions thereof, filed as replacements, shall bear dated, authenticating signatures of Council and County Auditor. Any maps or portions thereof thereby replaced shall be retained in a separate file by the County Auditor. Any revisions or replacements of said maps, when duly entered, signed, and filed with the County Auditor as authorized by this chapter, are part of this title.3.    Copies of Maps. The responsible official shall maintain up-to-date copies of the zoning maps. The responsible official shall cause the copies of the zoning maps to be revised so that they accurately portray changes of zone boundaries.(Amended: Ord. 2019-05-07)

The district boundary lines are indicated on the zoning maps. Where uncertainty exists as to the boundaries of any district as shown on the zoning maps, the following rules shall apply:A.    Wherever the zone boundary is indicated as being along or approximately along a street, alley, the centerline of a block, or a property line, then, unless otherwise definitely indicated on the maps, the centerline of the street, alley, or block, or the property line, shall be construed to be the boundary of the zone.B.    Where the location of a zone boundary line is not determined by the above rule, and is not indicated by a written dimension, the boundaries shall be located by the use of the scale appearing on the maps.C.    Whenever any street, alley, or other public way is vacated in the manner authorized by law, the zoning district abutting each side of such street, alley, or public way shall be automatically extended to the center of the former right-of-way and all of the area included in the vacation shall then and henceforth be subject to all regulations of the extended districts.D.    Where the application of the above rule does not clarify the zone boundary location, the responsible official shall interpret the maps, and by written decision, determine the location of the zone boundary. Said written decision shall be kept on file with the County Auditor.(Amended: Ord. 2005-04-12)

A.    General Rule.1.    When determining maximum standards for planning related calculations (including density, parking setbacks, etc.), the final number in any calculation shall be rounded down to the nearest whole unit. However, if two (2) or more amounts must be added to figure a total, applicants shall use numbers accurate to two (2) decimal places (hundredths) when adding the amounts and round off only the total. For example, if the density for a project were determined to be fifteen and eighty-nine-hundredths (15.89) units, only fifteen (15) units would be permitted.2.    When determining minimum standards for planning related calculations (including density, parking setbacks, etc.), the final number in any calculation shall be rounded up to the nearest whole unit. However, if two (2) or more amounts must be added to figure a total, applicants shall use numbers accurate to two (2) decimal places (hundredths) when adding the amounts and round off only the total. For example, if the required parking for a project were determined to be fifteen and eighty-nine-hundredths (15.89) spaces, a total of sixteen (16) spaces would be required.3.    These standards shall not apply for the purposes of engineering related calculations (surveying information, stormwater calculations, road construction information, etc.).B.    Density Calculations.1.    For all urban zoning districts with minimum densities except R1-5, R1-6, R1-7.5, R1-10 and R1-20, the following shall apply:a.    Minimum density or floor area ratio will be based on the developable area of the lot that remains after subtracting:(1)    Land devoted to public right-of-way or private street easements, public parks and trails, required landscaping and drainageways;(2)    Land designated by covenant or public dedication to be permanently maintained in an undeveloped state because the land is identified as sensitive due to the presence of steep slopes, unstable land, historical or archaeological sites, wetlands and buffers, or other permanent physical development limitations as may be determined by the responsible official. All other lands shall be considered in the calculation of minimum density including required setbacks, private recreation or common areas.b.    Maximum density or floor area ratio shall be calculated based upon the gross area of the site, excluding public right-of-way or private street easements.2.    For the R1-5, R1-6, R1-7.5, R1-10 and R1-20 zoning districts, minimum and maximum densities shall be calculated pursuant to the standards in Chapter 40.220.(Amended: Ord. 2009-03-02)C.    Lot Area Calculations.1.    Lot area is the computed area contained within the lot lines.a.    In the urban area, except for the UH zones, lot area excludes street and alley rights-of-way, street easements, and street tracts.b.    In the Urban Reserve (UR-10 and UR-20), Urban Holding (UH-10 and UH-20), Rural (R-5, R-10 and R-20), Rural Center (RC-1 and RC-2.5), agricultural (AG-20 and AG-WL) and forest resource (FR-40 and FR-80) districts, lot area includes on-site road easements, and one-half (1/2) the width, or thirty (30) feet, whichever is less, of abutting public rights-of-way for perimeter streets, excluding limited access state or interstate highways.c.    Driveways are included in lot area in all zones.2.    One (1) lot within a proposed subdivision, short plat or exempt division shall be considered in compliance with the minimum lot area requirements if it is within ten percent (10%) of the required lot area for the zone. To utilize this provision in the R1-5 and R1-6 zones, one lot may be excluded from the average minimum lot calculations and the ten percent (10%) lot area reduction may be applied to the excluded lot. The provisions of this section shall not apply to developments utilizing the following:a.    Density transfer (Section 40.220.010(C)(5));b.    Rural cluster (Section 40.210.020).(Amended: Ord. 2005-06-09; Ord. 2006-11-15; Ord. 2007-11-13; Ord. 2009-06-01; Ord. 2009-07-01; Ord. 2016-06-12; Ord. 2017-07-04; Ord. 2023-01-08)

A.    Utilities, structures and uses including, but not limited to, utility substations, pump stations, wells, watershed intake facilities, and gas and water transmission lines may be permitted on newly approved lots of less than the minimum parcel area.(Amended: Ord. 2007-11-13)B.    Existing Lots of Record.    If, as of June 11, 1980, a lot of record was lawfully occupied by two (2) or more single-family residences, such lot may be granted short plat approval under Chapter 40.540 in order to permit the segregated sale of such residences, even though some or all of the resulting new lots will have dimensions less than required for the zoning district in which the property is located; provided, however, that the degree of density nonconformity shall not be increased. All lots shall have a minimum of twenty (20) feet of access to a public or private street.(Amended: Ord. 2007-11-13; Ord. 2010-08-06)

A.    Agricultural structures, water towers and tanks shall not exceed thirty-five (35) feet in height in all zones, unless they are located at least fifty (50) feet from all property lines.B.    No height limit shall apply in any zone to chimneys, church spires, belfries, cupolas, domes, smoke-stacks, flagpoles, grain elevators, cooling towers, solar energy systems, monuments, fire house towers, masts, aerials, elevator shafts, and outdoor theater screens.C.    Subject to Section 40.310.010, signs are prohibited above thirty-five (35) feet in height; provided, that the name of the theater may be allowed on outdoor theater screens higher than thirty-five (35) feet.(Amended: Ord. 2011-08-08)

A.    Projections Into Required Setbacks. (Also see Sections 40.200.070(A)(7), 40.200.070(A)(8), and 40.320.010(C)(9) for limitations.)    Certain architectural features and structures may project into required setbacks, subject to applicable building and fire codes as follows:1.    Front Setback.a.    Fire escapes, porches, balconies, decks, landing places, or outside stairways over thirty (30) inches in height may project not more than six (6) feet into the required front setback, provided such features are open-sided and are uncovered.b.    Projections including bay windows, overhanging breakfast nooks, cornices, canopies, eaves, belt courses, sills or other similar architectural features and fireplaces may extend up to two (2) feet into the required setback.c.    Porches, decks, landings or stairways not more than thirty (30) inches in height above finished grade are allowed to within eighteen (18) inches of the front property line, provided such features are open-sided and uncovered.2.    Rear Setback.a.    Projections such as bay windows and overhanging breakfast nooks may extend up to two (2) feet into the required setback, provided such features are limited to ten (10) horizontal feet per projection and limited to thirty percent (30%) of the linear dimension of the rear building elevation.b.    Cornices, canopies, eaves, belt courses, sills or other similar architectural features and fireplaces may extend up to two (2) feet into the required setback.c.    Porches, decks, landings or stairways not more than thirty (30) inches in height above finished grade are allowed to within eighteen (18) inches of the rear property line, provided such features are open-sided and uncovered.3.    Side Setback.a.    The following features and structures may project into the required side setback not more than two (2) feet; provided, that no portion of the structure may be less than three (3) feet to the property line:(1)    In the R1-5 and R1-6 zones only, projections such as bay windows and overhanging breakfast nooks may extend up to two (2) feet into the required setback, provided such features are limited to ten (10) horizontal feet per projection and limited to thirty percent (30%) of the linear dimension of the side building elevation;(2)    Cornices, canopies, eaves, belt courses, sills or other similar architectural features; and(3)    Fireplaces.b.    Porches, decks, landings or stairways not more than thirty (30) inches in height above finished grade are allowed to within eighteen (18) inches of the side property line, provided such features are open-sided and uncovered.4.    Garden Sheds, Gazebos and Playhouses. One (1) garden shed, or one (1) gazebo or one (1) playhouse meeting all of the following requirements may be located in either the side or rear setback of single-family residential districts (R1-5, R1-6, R1-7.5, R1-10 and R1-20):a.    The structure contains no more than two hundred (200) square feet of floor area, with overhangs that do not exceed sixteen (16) inches;b.    The structure is set back from property lines a minimum of two (2) feet;c.    The floor elevation is eighteen (18) inches or less in height;d.    The structure is less than twelve (12) feet in height;e.    Roof drainage is contained on site; andf.    No utilities are connected to the structure.g.    If the structure is located within a utility easement, the property owner must obtain a waiver letter from all applicable utilities.5.    Aboveground rainwater cisterns in all urban residential districts are allowed reduced setbacks subject to the following:a.    Cisterns six (6) feet in height or less are allowed a setback of three (3) feet to an interior side or rear property line;b.    Other reductions from standard setbacks shall be limited to the height of the cistern. For example, a cistern eight (8) feet high is allowed a setback of no less than eight (8) feet to a rear property line in the R1-20 zone; provided, that the maximum height of any cistern under this provision shall not exceed twelve (12) feet;c.    If the cistern is located within a utility easement, the property owner must obtain a waiver letter from all applicable utilities;d.    Appropriate design and support to ensure the cistern does not affect on-site or off-site foundations, retaining walls, or other structures are required;e.    All other applicable building and plumbing codes shall apply.6.    Aboveground utilities.7.    The allowed projections noted above may not apply to landscape buffers. (See Section 40.320.010(C)(9).)8.    The allowed projections noted above apply to building and development envelopes except when limited by the following:a.    The applicable envelope line reflects a critical area or an easement;b.    The applicable envelope line reflects a landscape buffer, except as allowed by Section 40.320.010(C)(9); andc.    Information on a site plan or plat specifically prohibits such projections.9.    Fences and retaining walls, except as specified in Section 40.320.010(F) may be located in any setback.(Amended: Ord. 2004-06-11; Ord. 2006-05-01; Ord. 2006-09-13; Ord. 2007-06-05; Ord. 2009-03-02; Ord. 2011-08-08; Ord. 2012-02-03; Ord. 2020-03-01; Ord. 2024-03-01)B.    Exceptions to Front Setback Requirements.1.    If there are dwellings on both abutting lots with front setbacks less than the required depth for the district, the front setback for the lot need not exceed the average front setback of the abutting dwellings.2.    If there is a dwelling on one (1) abutting lot with a front setback less than the required depth for the district, the front setback need not exceed a depth of halfway between the depth of the front setback on the abutting lot and the required front setback depth.3.    In residential zoning districts, where a temporary turnaround easement constitutes all or part of the front lot line, front setbacks shall be a minimum of ten (10) feet from the temporary easement for the dwelling and fifteen (15) feet for the associated garage. Front setbacks from access and right-of-way easements intended to be permanent shall continue to be as stipulated by the applicable zoning district standard.4.    Setbacks from both streets on through lots shall be considered front setbacks. However, if one (1) of the streets has restricted access, the setback from the restricted access street shall be considered a rear setback. Access is considered restricted to a street if any of the conditions below exist:a.    A plat contains a note prohibiting access to one (1) of the abutting streets; b.    The road is clearly determined to be a restricted access road, such as but not limited to I-5, I-205, SR-14, SR-500, and Padden Expressway;c.    A covenant permanently restricting access to one (1) of the abutting streets (with the county being a party to the recorded document) is recorded individually for a through lot; ord.    Topographic constraints exist that prohibit access to the rear street based upon the responsible official’s judgment.(Amended: Ord. 2007-06-05; Ord. 2008-06-02; Ord. 2024-03-01)Figure 40.200.070-1 – Setback Exceptions(Amended: Ord. 2007-06-05; Ord. 2010-08-06; Ord. 2024-03-01)

A.    Purpose.    Because of heavy or arterial traffic volume and congestion, existing or probable intensive or commercial development of abutting properties, substandard paving widths, the probability of inadequate sight distances, and other like conditions affecting traffic safety and light, air, and vision along streets, Council finds that public health, safety and welfare require that building setback lines, as hereinafter specified, be and are hereby established on all properties abutting the streets and sections of streets referred to in Section 40.200.080(B). Where applicable, requirements set forth in this provision shall be in addition to the setback requirements specified for the zoning districts. Unless otherwise specified, the distances set forth shall be measured from the centerline and at right angles to the centerline of the right-of-way.(Amended: Ord. 2019-05-07)B.    Designation of Streets.    Development abutting a street for which a standard has been established by the Clark County Arterial Atlas, shall use as the line of reference for establishing the setback distance, the distance from the centerline necessary to accommodate one-half (1/2) of the right-of-way standard established by the arterial plans for the street. The building setback shall be in addition to the special setback and shall be the appropriate setback for that particular district.C.    Compliance.    The special setback area shall be treated as additional required setback area. The area shall be reserved for future street widening purposes.D.    Variance Procedures.    Where practical difficulties, unnecessary hardships, and results inconsistent with the general purposes of this section may result from the strict application of the provisions of this section, a variance may be granted pursuant to the provisions and procedures set forth in Chapter 40.550.

A.    Purpose.1.    Forest 80 District. The purpose of the Forest 80 district is to maintain and enhance resource-based industries, encourage the conservation of productive forest lands and discourage incompatible uses consistent with the Forest I policies of the comprehensive plan. The Forest 80 district applies to lands which have been designated as Forest Tier 1 on the comprehensive plan. Nothing in this chapter shall be construed in a manner inconsistent with the Washington Forest Practices Act.2.    Forest 40 District. The purpose of the Forest 40 district is to encourage the conservation of lands which have the physical characteristics that are capable of management for the long-term production of commercially significant forest products and other natural resources, such as minerals.3.    Agriculture 20 District. The purpose of the Agriculture 20 district is to encourage the conservation of lands which have the growing capacity, productivity, soil composition, and surrounding land use to have long-term commercial significance for agriculture and associated resource production.4.    Agricultural-Wildlife. The purpose of the AG-WL district is to encourage the preservation of agricultural and wildlife use on land which is suited for agricultural production, and to protect agricultural areas that are highly valuable seasonal wildlife habitat from incompatible uses. The district provides for activities which can be considered accessory only to agricultural, game, or wildlife habitat management, or recreational uses. Nothing in this chapter shall be construed to restrict normal agricultural practices.(Amended: Ord. 2018-01-09; Ord. 2018-10-02; Ord. 2019-03-05; Ord. 2019-07-01; Ord. 2020-03-08; Ord. 2023-03-01; Ord. 2025-07-01)B.    Uses.    The uses set out in Table 40.210.010-1 are examples of uses allowable in the various resource zone districts. The appropriate review authority is mandatory.•    “P” – Uses allowed subject to approval of applicable permits.•    “R/A” – Uses permitted upon review and approval as set forth in Section 40.520.020.•    “C” – Conditional uses which may be permitted subject to the approval of a conditional use permit as set forth in Section 40.520.030.•    “X” – Uses specifically prohibited.Where there are special use standards or restrictions for a listed use, the applicable code section(s) in Chapter 40.260, Special Uses and Standards, or other applicable chapter is noted in the “Special Standards” column.1 One (1) single-family dwelling on legal lot or legal nonconforming lot of record.2 One (1) guest house in conjunction with a single-family dwelling or home.3 Public, where no public master planning process has been completed, or private outdoor recreational facilities requiring limited physical improvements which are oriented to the appreciation, protection, study or enjoyment of the fragile resources of this area. In addition to those findings as specified by Section 40.520.030 (Conditional Use Permits), such uses shall be approved only upon the applicant establishing both of the following:o    There will be no significant environmental impact, especially as it relates to wildlife, resulting from the proposed use; ando    The subject site cannot be put to any reasonable economic use which is provided for in this section.4 Government facilities necessary to serve the area outside urban growth boundaries, including fire stations, ambulance dispatch facilities and storage yards, warehouses, or similar uses.5 Limited to fire stations only.6 Agriculture including: floriculture, horticulture, general farming, dairy, the raising, feeding and sale or production of poultry, livestock, furbearing animals, and honeybees including feedlot operations, animal sales yards, Christmas trees, nursery stock and floral vegetation and other agricultural activities and structures accessory to farming or animal husbandry.7 Additional surface mining and associated activities subject to zone change to add the surface mining overlay district, Section 40.250.022.8 Commercial uses supporting resource uses, such as packing, first stage processing and processing which provides value added to resource products. Chippers, pole yards, log sorting and storage, temporary structures for debarking, accessory uses including but not limited to scaling and weigh operations, temporary crew quarters, storage and maintenance facilities, disposal areas, saw mills producing ten thousand (10,000) board feet per day or less, and other uses involved in the harvesting of forest products.9 See Table 40.260.250-1.10 Once a property has been developed as a public facility, a docket is required to change the comprehensive plan designation from the current zone to the Public Facilities zone.11 A new cemetery, subordinate to a church in existence as of January 1, 2019, may be permitted subject to the approval of a conditional use permit.12 A new cemetery, subordinate to a church in existence as of January 1, 2024, may be permitted subject to the approval of a conditional use permit.(Amended: Ord. 2004-06-10; Ord. 2005-04-12; Ord. 2006-05-01; Ord. 2006-09-13; Ord. 2008-12-15; Ord. 2009-12-01; Ord. 2009-12-15; Ord. 2010-10-02; Ord. 2011-03-09; Ord. 2011-06-14; Ord. 2011-08-08; Ord. 2011-12-09; Ord. 2012-02-03; Ord. 2012-06-02; Ord. 2012-07-03; Ord. 2012-12-23; Ord. 2013-07-08; Ord. 2014-01-08; Ord. 2014-05-07; Ord. 2014-11-02; Ord. 2016-09-04; Ord. 2018-01-09; Ord. 2018-10-02; Ord. 2019-03-05; Ord. 2019-07-01; Ord. 2020-03-08; Ord. 2023-03-01; Ord. 2023-11-28; Ord. 2025-07-01)C.    Development Standards.1.    New lots and structures and additions to structures subject to this section shall comply with the applicable standards for lots and building height, and setbacks in Tables 40.210.010-2 and 40.210.010-3, subject to the provisions of Chapter 40.200 and Section 40.550.020.1 The following uses may be permitted on newly approved lots of less than the minimum parcel size:a.    Utilities, structures and uses including but not limited to utility substations, pump stations, wells, watershed intake facilities, gas and water transmission lines and telecommunication facilities.b.    Dams for flood control and hydroelectric generating facilities.2 Minimum lot width – One hundred forty (140) feet for legal lots created under Section 40.210.010(D).(Amended: Ord. 2006-05-01; Ord. 2007-11-13)1 See Section 40.530.010(D)(2) for nonconforming lots.2 From public road right-of-way or private road easement.3 All structures.4 Residential buildings only.(Amended: Ord. 2005-05-20; Ord. 2010-08-06)2.    Signs. Signs shall be permitted according to the provisions of Chapter 40.310.3.    Previous Land Divisions.a.    Within the FR-80, FR-40 and AG-20 districts, until the affected property is included within an urban growth boundary, no remainder lot of a previously approved agriculture or forest district “cluster” land division or lot reconfiguration shall be:(1)    Further subdivided or reduced in size below seventy percent (70%) of the total developable area of the original parent parcel constituting the cluster subdivision; or(2)    Reduced by a total of more than one (1) acre.b.    Applications for reduction in remainder lot size consistent with this provision shall be processed as a plat alteration pursuant to Section 40.540.120.c.    Exceptions to subsections (C)(3)(a) and (C)(3)(b) of this section. A remainder lot with an existing residence may be short platted further to contain the residence on its own lot, subject to the following:(1)    Process. Creation of the new lot is subject to the requirements of Section 40.540.030.(2)    Lot Size. The new lot shall be sized to require the minimum reduction in the remainder lot, but still meet minimum requirements of this section and for on-site sewage disposal as required by Clark County Public Health.(3)    The new lot may not include critical areas unless no other alternative exists. If no alternative is available, encroachment into these areas shall be limited to the least amount possible consistent with applicable critical areas ordinances.(4)    A building envelope containing the existing residence and accessory buildings shall be established within the new lot, subject to the following:(a)    A minimum one hundred (100) foot setback between the envelope and the remainder parcel is maintained, unless it can be shown that a lesser setback with existing or proposed landscaping or existing vegetation will provide the same or greater buffering. In no case shall a setback less than fifty (50) feet be approved.(b)    A minimum twenty (20) foot setback between the envelope and other cluster lots is maintained.(5)    A note shall be placed on the plat stating the following:The residential property is adjacent to agricultural or forest lands on which a variety of resource-related activities may occur that are not compatible with residential development. Potential discomforts or inconvenience may include, but are not limited to: noise, odors, fumes, dust, smoke, insects, operation of machinery (including aircraft) during any twenty-four (24) hour period, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides and pesticides.(6)    An open space, farm or forest management plan is required for the remainder parcel, which shall prohibit additional residential development. The plan shall be submitted and approved with the preliminary application. The plan shall identify permitted uses and management of the parcel so that it maintains its open space or other designated functions and provides for the protection of all critical areas. The management plan shall identify the responsibility for maintaining the remainder parcel. The plan shall also include any construction activities (trails, fencing, agricultural buildings) and vegetation clearing that may occur on site. All subsequent activities must be conducted in conformance with the approved management plan. Management plans may be modified through a Type II process. A note shall be placed on the plat and a restrictive covenant shall be recorded that clearly states that only the above uses are permitted on the remainder parcel. The note and covenant shall also incorporate the management plan, as described above.4.    Nonconforming lots may be reconfigured pursuant to Section 40.210.010(D).5.    Outdoor lights, except for seasonal holiday lights, must be directed or shielded to minimize glare visible from streets, nearby dwellings, and above the fixtures.(Amended: Ord. 2005-04-12; Ord. 2011-08-08; Ord. 2014-01-08; Ord. 2018-01-09; Ord. 2018-10-02; Ord. 2025-07-01)D.    Nonconforming Lots – Lot Reconfiguration Standards.1.    Purpose. It is in the public interest to encourage the protection of sensitive lands, expand the amount of commercially viable resource land under single ownership, reduce the amount of road and utility construction and, within the FR-80, FR-40 and AG-20 districts, to protect and buffer designated resource lands.2.    Lot Reconfiguration. Except for previously approved agricultural or forest zoned clusters or rural residential planned unit developments, these substandard lots may be modified where consistent with the following criteria. Parcels which meet all of the following criteria are eligible for reconfiguration and reduction in size subject to a Type II review:a.    Existing parcel(s) is:(1)    Smaller than the minimum lot size established for new lots in the applicable zoning district. Parcels which meet the minimum lot size may be adjusted as a part of this process, but may not be decreased below the established minimum lot size.(2)    Determined to be legally created, and be reasonably buildable. Within the FR-80, FR-40 and AG-20 districts, this section authorizes lot reconfiguration only where existing divisions are determined to have a reasonable probability of developing. For the purposes of this section the review authority shall determine whether the existing lots are reasonably buildable by considering the following: road access, septic suitability, topography, costs of providing infrastructure and the presence of sensitive land.b.    Proposed parcel(s) results in the following:(1)    No additional parcels;(2)    Have septic suitability approval;(3)    Have adequate potable water at the time of occupancy, subject to Section 40.370.020;(4)    Each resulting legal nonconforming parcel shall be at least one (1) acre in size with a minimum width of at least one hundred forty (140) feet; and(5)    In addition, within the FR-80, FR-40 and AG-20 districts:(a)    The location of the resulting reconfigured lots shall have the least impact on sensitive and resource lands;(b)    Access to reconfigured lots shall meet the minimum standards necessary to obtain a building permit;(c)    The remainder lot shall not be further subdivided or reduced in size unless the affected property is included within an urban growth boundary;(d)    Reconfigured lots shall not be further adjusted by boundary line adjustment without approval under this section.c.    Reconfigured lots shall result in achieving one (1) or more of the identified public interest issues in Section 40.210.010(D)(1).3.    Lot Requirements. The setback, dimensional, use and height standards for these lots shall be as established for the Rural-5 (R-5) district except that reductions in side and rear setbacks shall be granted where necessary to permit construction of a dwelling on the parcel; providing, when the parcel is abutting, or surrounded by, property zoned for resource uses, the minimum setback from those property lines shall be fifty (50) feet for all structures.4.    The review authority may impose conditions on the lot reconfiguration to further the purposes of this section.5.    Lot reconfigurations shall be finalized upon the filing of a record of survey or covenant.(Amended: Ord. 2018-10-02; Ord. 2025-07-01)E.    Land Divisions in the AG-20 and FR-40 Zones.1.    Applicability.a.    The provisions of this subsection shall apply to all land divisions in the AG-20 and FR-40 zoning districts after July 1, 2016.b.    Available options for land division are authorized:(1)    Pursuant to Chapter 40.540; or(2)    Pursuant to Chapter 40.540 and by using the cluster provisions in Section 40.210.010(E)(4).c.    In the AG-20 zoning district:(1)    Land divisions that result in parcels twenty (20) acres (or lots capable of being described as one-thirty-second (1/32) of a section) in size or larger are allowed under the exemption provisions of Section 40.540.020(B)(4)(b).(2)    Land divisions that result in parcels less than twenty (20) acres in size must be platted and meet the additional requirements of this chapter.d.    In the FR-40 zoning district, land divisions that result in parcels less than forty (40) acres in size must be platted and meet the additional requirements of this chapter.e.    Previously approved cluster or lot reconfiguration remainder lots are not eligible to use the provisions of this section.2.    Definitions. For the purposes of this subsection, the following definitions shall apply:3.    Development Standards for Subdivisions or Short Plats. Subdivisions and short plats are allowed pursuant to Chapter 40.540. The density shall be based on one hundred percent (100%) of the gross area of the site.4.    Development Standards for Clustering.a.    Cluster developments are allowed at a maximum density equivalent to that which would be permitted by applying the otherwise applicable minimum lot size requirements of this section. The density shall be based on one hundred percent (100%) of the gross area of the site.b.    Cluster lots shall be created, as follows:(1)    To minimize conflicts between housing and agricultural or forest uses;(2)    Along parent property boundary lines, adjacent to existing roads, and to minimize the need for new roads and driveways;(3)    To have building envelopes that avoid critical areas;(4)    On parcels with an existing house, one (1) of the cluster lots has to include the existing house;(5)    To be adjacent to each other and to any preexisting residence, unless the location of the existing residence would preclude compliance with the other provisions of this subsection;(6)    If located on agriculturally zoned land, to be limited to lands with poor soils or soils otherwise unsuitable for agricultural purposes; and(7)    Each cluster lot shall contain a buffer from abutting resource uses.c.    Remainder Parcel.(1)    The remainder parcel shall be contiguous. Fragmentation of the parcel by public or private road easements and/or building sites shall not occur unless no other reasonable alternative exists. Remainder parcels shall also be located adjacent to other bordering remainder parcels or public parks and open space, if practical.(2)    The remainder parcel shall be nonbuildable and used for the agriculture and forestry uses as listed in Table 40.210.010-1(8)(a), (8)(b) and (8)(d), or as open space.(3)    A farm or forest management plan is required for the remainder parcel. The plan shall be submitted and approved with the preliminary application. The plan shall:(a)    Identify permitted uses and management of the parcel so that it maintains designated agricultural or forest functions and provides for the protection of all critical areas;(b)    Identify the responsibility for maintaining agriculture or forest uses on the parcels; and(c)    Include any construction activities (for example, fencing or agricultural buildings) and vegetation clearing that may occur on site.    If in current use, the plan submitted for the current use taxation program shall suffice for meeting this requirement.(4)    A note shall be placed on the plat that the remainder parcel shall not be further subdivided or reduced in size unless brought into an urban growth area. In addition, a restrictive covenant shall be recorded that clearly states that only the above uses are permitted on the parcel. The note and covenant shall also incorporate the management plan, as described above.d.    Lot Requirements. New lots and structures and additions to structures subject to this section shall comply with the applicable standards for lots and building height, and setbacks in Tables 40.210.010-4 and 40.210.010-5, subject to the provisions of Chapter 40.200 and Section 40.550.020.1 Unless a larger size is required by Clark County Public Health. In no case shall a cluster lot exceed one-and-one-half (1.5) acres in size. Cluster lots can use right-of-way to meet the minimum lot size as permitted by Section 40.200.040(C)(1).2 The minimum standard for remainder parcels controls the maximum size of cluster lots.1 Except in cases where it can be shown that requiring the normal setback will result in the location of the building sites within inappropriate areas such as areas containing good agricultural soils, wildlife habitat or wetlands, or the dimensions of the development site render it unbuildable.2 Residential buildings only.e.    Design Requirements. The design requirements for cluster developments are listed below. These requirements shall be recorded on the plat.(1)    No entryway treatments, monument or other permanent development signs are permitted. This shall not be construed to prohibit landscaping.(2)    To the maximum practicable extent, existing historic rural features shall be preserved as part of the cluster development. These features include but are not limited to rock walls, fences, functional and structurally safe farm buildings, monuments and landscape features.f.    Landscaping Standards. Cluster developments shall be landscaped within the cluster lots to reduce views of the development from public right(s)-of-way, so that a filtered view is provided of the cluster and the cluster does not dominate the landscape.(1)    At a minimum, proposed or existing landscaping and vegetation shall be of sufficient size and type to provide a buffer of vegetation six (6) feet in height and fifty percent (50%) opaque year-round within three (3) years of planting. New landscaping materials shall consist of native vegetation as provided on the Clark County plant list (see the Standard Details Manual). A combination of trees and shrubs must be used.(2)    All landscaping shall be installed prior to final plat unless financial guarantees are made for its installation prior to any building permit activity. Any required landscaping materials that fail to survive within the first two (2) years shall be promptly replaced.g.    Notice of Resource Activities. For any areas abutting property zoned for agricultural or forestry uses, the following notice shall be recorded as part of the developer covenants to Clark County for each parcel within the cluster:The subject property is adjacent to commercial agricultural or forest lands on which a variety of commercial activities may occur that are not compatible with residential development. Potential discomforts or inconvenience may include, but are not limited to: noise, odors, fumes, dust, smoke, insects, operation of machinery (including aircraft) during any twenty-four (24) hour period, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides and pesticides.(Amended: Ord. 2016-06-12; Ord. 2017-07-04; Ord. 2018-10-02; Ord. 2025-05-08; Ord. 2025-07-01)

A.    Purpose.    The rural districts are intended to provide lands for residential living in the rural area. Natural resource activities such as farming and forestry are allowed and encouraged in conjunction with the residential uses in the area. These areas are subject to normal and accepted forestry and farming practices.(Amended: Ord. 2018-01-09; Ord. 2019-03-05; Ord. 2019-07-01; Ord. 2020-03-08; Ord. 2023-03-01; Ord. 2025-07-01)B.    Uses.    The uses set out in Table 40.210.020-1 are examples of uses allowable in the various rural zone districts. The appropriate review authority is mandatory.•    “P” – Uses allowed subject to approval of applicable permits.•    “R/A” – Uses permitted upon review and approval as set forth in Section 40.520.020.•    “C” – Conditional uses which may be permitted subject to the approval of a conditional use permit as set forth in Section 40.520.030.•    “X” – Uses specifically prohibited.Where there are special use standards or restrictions for a listed use, the applicable code section(s) in Chapter 40.260, Special Uses and Standards, or other applicable chapter is noted in the “Special Standards” column.1 Government facilities necessary to serve the area outside urban growth boundaries, including fire stations, ambulance dispatch facilities and storage yards, warehouses, or similar uses.2 Commercial uses supporting agricultural and forestry resource uses, such as packing, first stage processing and processing which provides value added to resource products.3 See Table 40.260.250-1.4 Once a property has been developed as a public facility, a docket is required to change the comprehensive plan designation from the current zone to the Public Facilities zone.(Amended: Ord. 2003-12-15; Ord. 2005-04-12; Ord. 2007-06-05; Ord. 2010-08-06; Ord. 2010-10-02; Ord. 2011-03-09; Ord. 2011-06-14; Ord. 2011-08-08; Ord. 2011-12-09; Ord. 2012-02-03; Ord. 2012-02-08; Ord. 2012-06-02; Ord. 2012-12-23; Ord. 2013-07-08; Ord. 2014-05-07; Ord. 2014-11-02; Ord. 2016-06-12; Ord. 2018-01-09; Ord. 2019-03-05; Ord. 2019-07-01; Ord. 2020-03-08; Ord. 2023-03-01; Ord. 2023-11-28; Ord. 2025-07-01)C.    Development Standards.1.    Unless otherwise permitted under Section 40.210.020(D) (Rural Cluster Development), new lots and structures and additions to structures subject to this section shall comply with the applicable standards for lots and building height, and setbacks in Tables 40.210.020-2 and 40.210.020-3, subject to the provisions of Chapter 40.200 and Section 40.550.020.1 Utilities, structures and uses, including but not limited to utility substations, pump stations, wells, watershed intake facilities, gas and water transmission lines and telecommunication facilities, may be permitted on newly approved lots of less than the minimum parcel size.2 Unless a greater width shall be required by the Clark County fire code.1 Side Setback. Minimum side setback on each side of the residential dwelling and incidental buildings shall be twenty (20) feet unless fire regulations require a greater setback, and fifty (50) feet for accessory buildings used for agricultural purposes. Side setbacks from abutting property zoned agricultural or forestry shall be a minimum of fifty (50) feet for all structures. Side setbacks from abutting property zoned for surface mining uses shall be one hundred fifty (150) feet, unless a lesser setback is approved per Section 40.250.022(D)(2)(b).2 Rear Setback. Minimum rear setback for all structures when the abutting property is not zoned for natural resource or surface mining uses is twenty (20) feet unless fire regulations require a greater setback. Minimum rear setback for all structures shall be fifty (50) feet when abutting property is zoned for natural resource uses. Rear setbacks from abutting property zoned for surface mining uses shall be a minimum of one hundred fifty (150) feet for all structures, unless a lesser setback is approved per Section 40.250.022(D)(2)(b).3 Residential buildings only.4 Nonconforming lots subject to the provisions of Section 40.530.010(D)(2).5 From public road right-of-way, private road easement or tract, or private driveway easement that provides access to the lot.(Amended: Ord. 2005-04-12; Ord. 2010-08-06; Ord. 2012-07-03; Ord. 2016-09-04; Ord. 2025-07-01)2.    Previous Land Divisions. Until the affected property is included within an urban growth boundary, no remainder lot of a previously approved cluster land division or lot reconfiguration may be:a.    Further subdivided or reduced in size below seventy percent (70%) of the total developable area of the original parent parcel constituting the cluster subdivision; orb.    Reduced by a total of more than one (1) acre.c.    Applications for reduction in remainder lot size consistent with this provision shall be processed as a plat alteration pursuant to Section 40.540.120.d.    Exceptions to Sections 40.210.020(C)(2)(a) and (C)(2)(b) may be allowed as follows:(1)    A remainder lot with an existing residence may be short platted further to contain the residence on its own cluster lot, subject to the following:(a)    Process. Creation of the new cluster lot is subject to the requirements of Section 40.540.030;(b)    Lot Size. The new cluster lot shall not be greater than one (1) acre in size, unless a greater size is required by Clark County Public Health;(c)    The new cluster lot must meet the requirements of Section 40.210.020(D)(3)(b) and the lot dimension and setback requirements of Tables 40.210.020-4 and 40.210.020-5;(d)    The reduced remainder shall not be further divided and shall be subject to the requirements in Sections 40.210.020(D)(3)(c)(2)(a)(i) and (D)(3)(c)(2)(a)(ii).(2)    A remainder lot created through a cluster subdivision or cluster short plat authorized under Section 18.301.090, Agricultural District, or Section 18.302.090, Forest District, may be further divided if each of the following requirements is satisfied:(a)    The property has been rezoned from Agricultural or Forest, twenty (20) acre minimum lot size to a nonresource zone;(b)    There exists no plat note restricting redivision before the property is brought into the urban growth area;(c)    There is compliance with the plat alteration provisions (RCW 58.17.215) related to the plat/short plat creating the remainder, if applicable; and(d)    The division of the remainder lot meets the requirement of Chapter 58.17 RCW.3.    Signs. Signs shall be permitted according to the provisions of Chapter 40.310.4.    Off-Street Parking. Off-street parking shall be provided as required in Chapter 40.340.5.    Outdoor lights, except for seasonal holiday lights, must be directed or shielded to minimize glare visible from streets, nearby dwellings, and above the fixtures.(Amended: Ord. 2011-08-08; Ord. 2014-01-08; Ord. 2018-01-09; Ord. 2023-03-01; Ord. 2025-07-01)D.    Rural Cluster Development.1.    Purpose. The purpose of this section is to provide for small lot residential development in the rural zoning districts (R-5, R-10 and R-20) which maintains rural character, maintains and conserves larger remainder parcels, protects and/or enhances sensitive environmental and wildlife habitat areas, and minimizes impacts to necessary public services. These goals are achieved by allowing the placement of homes on a small portion of the property while maintaining the majority of the site in a remainder parcel. This is consistent with the goals and policies of the Growth Management Act, especially the provisions for innovative development techniques to conserve open space and resource lands.2.    Definitions. For the purposes of this section, the following definitions shall apply:a.    “Building envelope” shall mean that buildable portion of a lot or parcel (the area outside of setbacks and easements) which is designated on the final plat for the location of a structure.b.    “Critical lands,” for the purposes of this section, shall mean those lands classified by Chapter 40.445 as wetlands, wetland buffers, or fish and wildlife habitat conservation areas, by Chapter 40.430 as landslide hazard areas, all lands subject to Shoreline Management Act jurisdiction by Chapter 40.460, and all lands within a designated one hundred (100) year floodplain or floodway by Chapter 40.420.c.    “Remainder parcel” shall mean the remainder parcel of the cluster provision that contains the majority of the land within the development and is devoted to open space, resource or other authorized use.3.    Development Standards.a.    Maximum Density. Cluster developments are allowed a maximum density equivalent to that which would be permitted by applying the otherwise applicable minimum lot size requirements of this section. The density shall be based on one hundred ten percent (110%) of the gross area of the site.b.    Cluster Lots.(1)    Cluster lots shall be sited to minimize conflicts between housing and adjacent agricultural or forest zoned property.(2)    Cluster lots and building envelopes may not include critical areas unless no other alternative exists. If no alternative is available, encroachment into these areas shall be limited to the least amount possible consistent with applicable critical areas ordinances.c.    Remainder Parcel.(1)    The remainder parcel shall be contiguous. Fragmentation of the parcel by public or private road easements and/or building sites shall not occur unless no other reasonable alternative exists. The remainder parcel shall provide a buffer for the cluster lots from adjacent lands in a resource zoning district. Remainder parcels shall also be located adjacent to other bordering remainder parcels or public parks and open space. To the maximum extent possible, all critical areas and any associated buffers existing on property proposed for cluster development shall be located within the remainder parcel. In order to retain the rural character, the remainder parcel should contain to the maximum extent possible forested areas, prominent hillsides, meadows and ridges.(2)    There are two (2) ways of utilizing the maximum density allowed within a cluster development, as follows:(a)    The creation of cluster lots equal to no more than the maximum allowed density, with a remainder parcel that can be used only for the agriculture and forestry uses as listed in Table 40.210.020-1(7)(a), (b) and (d) or as open space. An example of this would be a twenty (20) acre parcel in the R-5 district, where four (4) cluster lots and one (1) remainder are created. All of the allowed density is used on the cluster lots, and the remainder parcel can only be used as open space or for agriculture or forestry uses.(i)    If this option is used, an open space, equestrian, farm or forest management plan is required for the remainder parcel. The plan shall be submitted and approved with the preliminary application. The plan shall identify permitted uses and management of the parcel so that it maintains its open space or other designated functions and provides for the protection of all critical areas. The management plan shall identify the responsibility for maintaining the remainder parcel. The plan shall also include any construction activities (trails, fencing, agricultural buildings) and vegetation clearing that may occur on site. The plan shall include building envelopes for any proposed equestrian facility. This building envelope must be located outside of any critical areas including fish and wildlife habitat areas, riparian corridors, geologic hazard areas, areas of significant natural vegetation, wetlands, prominent hillsides, meadows, ridges and any buffers associated with the above areas. All subsequent activities must be conducted in conformance with the approved management plan. Management plans may be modified through a Type II process.(ii)    A note shall be placed on the plat and a restrictive covenant shall be recorded that clearly states that only the above uses are permitted on the parcel. The note and covenant shall also incorporate the management plan, as described above.(b)    The creation of cluster lots equal to no more than one (1) less than the maximum allowed density with a remainder parcel that can also be developed. If this option is used, the remainder parcel may contain the uses listed in Table 40.210.020-1. An example of this would be a twenty (20) acre parcel in the R-5 district, where three (3) cluster lots and one (1) remainder are created. The allowed density, less one (1), is used on the cluster lots. This permits the remainder parcel to be developed with any of the uses normally allowed in the rural districts. If the remainder parcel is to be residentially developed, a building envelope shall be delineated on the final plat. This building envelope must be located outside of any critical areas including fish and wildlife habitat areas, riparian corridors, geologic hazard areas, areas of significant natural vegetation, wetlands, prominent hillsides, meadows, ridges and any buffers associated with the above areas. This requirement shall not apply to pre-existing residences located on the remainder lot.4.    Lot Requirements. New lots and structures and additions to structures subject to this section shall comply with the applicable standards for lots and building height, and setbacks in Tables 40.210.020-4 and 40.210.020-5, subject to the provisions of Chapter 40.200 and Section 40.550.020.1 Unless a larger size is required by the Clark County Health Department. Cluster lots can use right-of-way to meet the minimum lot size as permitted by Section 40.200.040(C)(1).2 The minimum standard for remainder parcels controls the maximum size of cluster lots.3 Unless a greater width shall be required by the Clark County fire code.1 Except in cases where it can be shown that a lesser setback will provide the same or greater buffering or where requiring the normal setback will result in the location of the building sites within inappropriate areas such as wildlife habitat or wetland areas or the dimensions of the development site render it unbuildable.2 Residential buildings only.(Amended: Ord. 2007-06-05)5.    Design Requirements. The design requirements for cluster developments are listed below. These requirements shall be recorded on the plat.a.    No entryway treatments, monument or other permanent development signs are permitted. This shall not be construed to prohibit landscaping.b.    Sight-obscuring fences of any height are not permitted within fifty (50) feet of the public right-of-way, nor along cluster lot lines adjacent to the remainder lot. Sight-obscuring fences are at least fifty percent (50%) opaque.c.    To the maximum practicable extent, existing historic rural features shall be preserved as part of the cluster development. These features include but are not limited to rock walls, fences, functional and structurally safe farm buildings, monuments and landscape features.6.    Landscaping Standards. Cluster developments shall be landscaped within the developed portion of cluster lots, so as to reduce views of the development from the public right(s)-of-way so that a filtered view is provided of the cluster and the cluster does not dominate the landscape.a.    At a minimum, proposed or existing landscaping and vegetation shall be of sufficient size and type to provide a buffer of vegetation six (6) feet in height and fifty percent (50%) opaque year round within three (3) years of planting. New landscaping materials shall consist of native vegetation as identified by the Clark Conservation District. A combination of trees and shrubs must be used.b.    All landscaping shall be installed prior to final plat unless financial guarantees are made for its installation prior to any building permit activity. Any required landscaping materials that fail to survive within the first two (2) years shall be promptly replaced.7.    Previously Approved Cluster and Lot Reconfiguration Remainder Lots. Previously approved cluster or lot reconfiguration remainder lots are not eligible to use the provisions of this section.8.    Procedures. Cluster land divisions shall be processed in accordance with the established procedures for land divisions under Chapter 40.540.9.    Notice of Resource Activities. Where otherwise undevelopable cluster remainder parcels are designated for commercial timber or agricultural activities the following notice shall be recorded as part of the Developer Covenants to Clark County for each parcel within the cluster:The subject property is adjacent to commercial agricultural or forest lands on which a variety of commercial activities may occur that are not compatible with residential development. Potential discomforts or inconvenience may include, but are not limited to: Noise, odors, fumes, dust, smoke, insects, operation of machinery (including aircraft) during any twenty-four (24) hour period, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides and pesticides.10.    Additional Development Standards for Equestrian Cluster.a.    Utilization of maximum density shall be consistent with the method described in Section 40.210.020(D)(3)(a).b.    An equestrian cluster is required to provide the following shared facilities on the site:i.    Covered riding arena to be located on the remainder lot within development envelopes not to exceed two (2) acres.ii.    Continuous internal trail(s) system with access to all equestrian facilities and lots. The trails shall connect with existing and future trails.c.    An equestrian plan that addresses the following shall be developed and implemented:i.    Housing and confinement;ii.    Animal husbandry;iii.    Manure management; andiv.    Odor and noise management.d.    Landscaping Standards.i.    The perimeter of the cluster lots and the equestrian facilities shall be screened from abutting properties per Section 40.210.020(D)(6)(a).e.    If shared boarding facilities are proposed they shall be located on the remainder lot within development envelopes not to exceed two (2) acres and shall accommodate a minimum number of horses equal to the number of cluster lots in the proposed development. The shared boarding facility shall include the following features:i.    Wash rack.ii.    Grooming stand.iii.    Tack room.f.    The remainder lot in the final development plan that includes shared equestrian facilities, including trails, structures and/or landscaping shall be permanently maintained by and conveyed to the following:i.    An association of owners shall be formed and continued for the purpose of maintaining the shared equestrian facilities. The association shall be created as an association of owners under the laws of the state and shall adopt and propose articles of incorporation or association and bylaws, and adopt and improve a declaration of covenants and restrictions on the shared equestrian facility that is acceptable to the prosecuting attorney, in providing for the continuing care of the facilities. No equestrian facilities may be put to a use not specified in the final development plan unless the final development plan is first amended to permit the use. No change of use may be considered as a waiver of any covenants limiting the use of shared equestrian facilities, and all rights to enhance these covenants against any use permitted are expressly reserved.g.    A proposal with shared boarding facilities shall have cluster lots that are a minimum of one (1) acre in size unless a larger size is required by the Clark County Health Department.(Amended: Ord. 2005-04-12; Ord. 2005-06-09; Ord. 2007-11-13; Ord. 2012-12-20; Ord. 2012-12-23; Ord. 2014-01-08; Ord. 2023-03-01; Ord. 2025-07-01)

A.    Purpose.    The rural center residential zones are to provide lands for residential living in the rural centers at densities consistent with the comprehensive plan. These districts are only permitted in the designated rural centers. Natural resource activities such as farming and forestry are allowed to occur as small-scale activities in conjunction with the residential uses in the area. These areas are subject to normal and accepted forestry and farming practices.(Amended: Ord. 2018-01-09; Ord. 2019-03-05; Ord. 2019-07-01; Ord. 2020-03-08; Ord. 2025-07-01)B.    Location Criteria.    These zoning districts are only permitted within the designated rural centers adopted as part of the Clark County comprehensive plan in areas with a comprehensive plan designation of rural center residential.(Amended: Ord. 2018-01-09; Ord. 2019-03-05; Ord. 2019-07-01; Ord. 2020-03-08; Ord. 2025-07-01)C.    Uses.    The uses set out in Table 40.210.030-1 are examples of uses allowable in rural center residential zone districts. The appropriate review authority is mandatory.•    “P” – Uses allowed subject to approval of applicable permits.•    “R/A” – Uses permitted upon review and approval as set forth in Section 40.520.020.•    “C” – Conditional uses which may be permitted subject to the approval of a conditional use permit as set forth in Section 40.520.030.•    “X” – Uses specifically prohibited.Where there are special use standards or restrictions for a listed use, the applicable code section(s) in Chapter 40.260, Special Uses and Standards, or other applicable chapter is noted in the “Special Standards” column.1 Government facilities necessary to serve the area outside urban growth boundaries, including fire stations, ambulance dispatch facilities and storage yards, warehouses, or similar uses.2 See Table 40.260.250-1.3 Once a property has been developed as a public facility, a docket is required to change the comprehensive plan designation from the current zone to the Public Facilities zone.(Amended: Ord. 2003-12-15; Ord. 2005-04-12; Ord. 2007-06-05; Ord. 2011-03-09; Ord. 2011-06-14; Ord. 2011-08-08; Ord. 2011-12-09; Ord. 2012-02-03; Ord. 2012-02-08; Ord. 2012-06-02; Ord. 2012-07-03; Ord. 2013-07-08; Ord. 2014-05-07; Ord. 2014-11-02; Ord. 2016-03-11; Ord. 2016-06-12; Ord. 2018-01-09; Ord. 2019-03-05; Ord. 2019-07-01; Ord. 2020-03-08; Ord. 2023-11-28; Ord. 2025-07-01)D.    Development Standards.1.    New lots and structures and additions to structures subject to this section shall comply with the applicable standards for lots and building height, and setbacks in Tables 40.210.030-2 and 40.210.030-3, subject to the provisions of Chapter 40.200 and Sections 40.350.030 and 40.550.020.1 Utilities, structures and uses including but not limited to utility substations, pump stations, wells, watershed intake facilities, gas and water transmission lines and telecommunication facilities may be permitted on newly approved lots of less than the minimum parcel size.2 Unless a greater width shall be required by the Clark County fire code.1 Side Setback. Minimum side setback on each side of the residential dwelling and incidental buildings shall be ten (10) feet unless fire regulations require a greater setback, and fifty (50) feet for accessory buildings used for agricultural purposes. Side setbacks from abutting property zoned agricultural or forestry shall be a minimum of fifty (50) feet for all structures. Side setbacks from abutting property zoned for surface mining uses shall be one hundred fifty (150) feet, unless a lesser setback is approved per Section 40.250.022(D)(2)(b).2 Rear Setback. Minimum rear setback for all structures when the abutting property is not zoned for natural resource or surface mining uses is ten (10) feet unless fire regulations require a greater setback. Minimum rear setback for all structures shall be fifty (50) feet when abutting property is zoned for natural resource uses. Rear setbacks from abutting property zoned for surface mining uses shall be a minimum of one hundred fifty (150) feet for all structures, unless a lesser setback is approved per Section 40.250.022(D)(2)(b).3 For all structures.4 Setbacks for nonconforming lots shall be those as set forth for conforming lots except in cases where the standard setbacks will result in the buildable area of the lot being reduced to less than ten thousand (10,000) square feet. In these cases setbacks may be reduced to achieve a building envelope of at least ten thousand (10,000) square feet; however, in no case may they be reduced to less than twenty (20) feet for the front setback and five (5) feet for the side and rear setbacks.5 Setbacks in rural centers are measured from right-of-way, and not from public sidewalk easements; provided, that setbacks to garage and carport entrances shall maintain a minimum eighteen (18) foot setback from sidewalk easements.(Amended: Ord. 2008-06-02; Ord. 2016-09-04)2.    Previous Land Divisions.    The remainder lot of a previously approved agriculture or forest district “cluster” land division or the remainder lot of a reconfigured land division may be further divided only if the total number of lots in the previously approved “cluster” land division is below the density permitted in the existing zone. An example is a previously approved “cluster” short plat of three (3) one (1) acre and one (1) seventeen (17) acre remainder which is now zoned for five (5) acre lots. The original parcel was twenty (20) acres, divided by the current two and one-half (2.5) acre minimum lot size equals eight (8) lots. Since four (4) lots were already created, the remainder parcel can be further divided into not more than four (4) additional lots.3.    Signs. Signs shall be permitted according to the provisions of Chapter 40.310.4.    Off-Street Parking. Off-street parking shall be provided as required in Chapter 40.340.5.    Outdoor lights, except for seasonal holiday lights, must be directed or shielded to minimize glare visible from streets, nearby dwellings, and above the fixtures.(Amended: Ord. 2006-09-13; Ord. 2018-01-09; Ord. 2023-01-08; Ord. 2025-07-01)

A.    Purpose.    The CR-1 and CR-2 districts are intended to provide for the location of businesses and services that are sized to serve the rural community. These commercial areas are located in areas designated as rural commercial on the comprehensive plan map either within rural centers (CR-2) or in other areas of existing commercial activity in the rural area outside rural centers (CR-1). They should be designed to complement and support the rural environment without creating land use conflicts.(Amended: Ord. 2018-01-09; Ord. 2019-07-01; Ord. 2020-03-08; Ord. 2025-07-01)B.    Uses.    The uses set out in Table 40.210.050-1 are examples of uses allowable in the various zone districts. The appropriate review authority is mandatory.•    “P” – Uses allowed subject to approval of applicable permits.•    “R/A” – Uses permitted upon review and approval as set forth in Section 40.520.020.•    “C” – Conditional uses which may be permitted subject to the approval of a conditional use permit as set forth in Section 40.520.030.•    “X” – Uses specifically prohibited.Where there are special use standards or restrictions for a listed use, the applicable code section(s) in Chapter 40.260, Special Uses and Standards, or other applicable chapter is noted in the “Special Standards” column.1 In addition to the requirements of Section 40.520.020 or 40.520.030, the applicant shall submit detailed information that permits the review authority to make findings that:a.    The proposed use will support the natural resource activities and/or the needs of the rural community;b.    The proposed use is limited in size to serve primarily the surrounding rural community and does not require or create the need for urban levels of service for water, sewer and transportation; andc.    The proposed use is primarily for convenience and service needs necessary to support natural resource activities and/or the rural community and will not cause adverse impacts on surrounding natural resource activities.2 These areas must be identified and approved on the site plan.3 Such areas must be located behind buildings or to the rear of the site and away from street frontages and fully screened with landscaping to the L-4 standard.4 These uses are permitted to occupy up to ten percent (10%) of the total floor area of the development or building. Open air sale of vehicles and manufactured homes is not subject to this requirement, where permitted. This is not intended to prohibit temporary outside sales of a limited duration (less than two (2) weeks total per year) when in conjunction with a permitted use.5 Vehicle storage areas shall be located behind buildings or to the rear of the site to the extent practicable. Landscaping standards in excess of site plan review standards may be required in order to properly screen adjoining residential lands.6 See Table 40.260.250-1.7 Once a property has been developed as a public facility, a docket is required to change the comprehensive plan designation from the current zone to the Public Facilities zone.(Amended: Ord. 2011-02-13; Ord. 2011-06-14; Ord. 2011-08-08; Ord. 2011-12-09; Ord. 2012-02-03; Ord. 2012-06-02; Ord. 2013-07-08; Ord. 2014-05-07; Ord. 2014-11-02; Ord. 2016-06-12; Ord. 2018-01-09; Ord. 2019-07-01; Ord. 2020-03-08; Ord. 2025-07-01)C.        Development Standards.1.    New lots and structures and additions to structures subject to this section shall comply with the applicable standards for lots, building height, and setbacks in Tables 40.210.050-2 and 40.210.050-3, subject to the provisions of Chapter 40.200 and Section 40.550.020. Site plan review is required for all new development and modifications to existing permitted development unless expressly exempted by this title (see Section 40.520.040).2.    Signs. Signs shall be permitted according to the provisions of Chapter 40.310.3.    Off-Street Parking and Loading. Off-street parking and loading shall be provided as required in Chapter 40.340.4.    Landscaping. Not less than fifteen percent (15%) of the total lot area shall be landscaped. Pedestrian plazas, sidewalks over the minimum width and other pedestrian amenities may be used to meet the required landscaping at a one to one (1:1) ratio.5.    Outdoor lights, except for seasonal holiday lights, must be directed or shielded to minimize glare visible from streets, nearby dwellings, and above the fixtures.6.    Site Plan Review Standards. In addition to the site plan approval criteria contained in Section 40.520.040(E), the following shall apply to all development within the commercial district unless expressly exempted. The responsible official may modify these standards for the expansion of existing uses for site-specific issues:a.    Primary pedestrian circulation routes connecting the street(s) to the primary building entry or entries shall be a minimum of eleven (11) feet (eight (8) feet of sidewalk/walkway with a minimum of three (3) feet of landscaping on one (1) side of the pedestrian route). The minimum three (3) foot landscaped area shall contain suitable tree species planted every twenty-four (24) feet to provide for a continuous tree canopy. The required landscape area should function as a buffer between auto drives and the pedestrian routes. Where the pedestrian circulation route crosses vehicular accessways the landscape area is not required. b.    Landscaping is required along the side of all buildings where the primary pedestrian access is provided. Minimum requirements shall be trees, of a suitable species according to Section 40.320.010, provided every thirty (30) feet on center planted in a landscaped strip or tree wells along the length of the building.c.    Landscape buffers required by Section 40.320.010 shall not apply between pad development sites and the remainder of the development site.d.    Landscaping required between commercial developments may be altered where parking lots are adjoining as follows: a single, shared five (5) foot buffer instead of five (5) feet for each development; provided, that joint access is provided between parcels for auto and pedestrian access and trees are planted every twenty (20) feet on center along the length of the buffer.(Amended: Ord. 2010-12-12; Ord. 2011-03-09; Ord. 2015-11-24; Ord. 2025-07-01)

A.    Purpose.1.    The R1-20, R1-10, R1-7.5, R1-6 and R1-5 districts are intended to:a.    Provide for a mix of single-family and middle housing types in a low-density context at a neighborhood scale.b.    Establish higher densities where a full range of community services and facilities are present or will be present at the time of development.c.    Provide for additional related uses such as schools, parks and utility uses necessary to serve immediate residential areas. (Amended: Ord. 2018-10-02; Ord. 2019-07-01; Ord. 2020-03-08; Ord. 2020-12-02; Ord. 2024-03-02; Ord. 2025-07-01)B.    Uses.    The uses set out in Table 40.220.010-1 are examples of uses allowable in single-family residential zone districts. The appropriate review authority is mandatory.•    “P” – Uses allowed subject to approval of applicable permits.•    “R/A” – Uses permitted upon review and approval as set forth in Section 40.520.020.•    “C” – Conditional uses which may be permitted subject to the approval of a conditional use permit as set forth in Section 40.520.030.•    “X” – Uses specifically prohibited.Where there are special use standards or restrictions for a listed use, the applicable code section(s) in Chapter 40.260, Special Uses and Standards, or other applicable chapter is noted in the “Special Standards” column.1Reserved.2A maximum of four (4) attached single-family dwelling units per structure is permitted outright. A greater number of attached single-family dwelling units per structure is allowed in PUD developments only.3Including golf courses and country clubs, but not including such intensive recreation uses as a golf driving range (unless within a golf course), race track, amusement park or gun club.4Not including storage or repair yards, warehouses, or similar uses.5Including crematoria, columbaria, and mortuaries within cemeteries; provided, that no crematorium is within two hundred (200) feet of a lot in a residential district.6See Table 40.260.250-1.7 Once a property has been developed as a public facility, a docket is required to change the comprehensive plan designation from the current zone to the public facilities zone.(Amended: Ord. 2004-06-11; Ord. 2004-09-02; Ord. 2005-04-12; Ord. 2007-06-05; Ord. 2009-06-01; Ord. 2010-08-06; Ord. 2011-06-14; Ord. 2011-08-08; Ord. 2011-12-09; Ord. 2012-02-03; Ord. 2012-02-08; Ord. 2012-06-02; Ord. 2012-12-23; Ord. 2013-07-08; Ord. 2014-05-07; Ord. 2014-11-02; Ord. 2016-06-12; Ord. 2018-10-02; Ord. 2019-07-01; Ord. 2020-03-08; Ord. 2020-12-02; Ord. 2023-11-28; Ord. 2024-03-02; Ord. 2025-07-01)C.    Development Standards.1.    New lots and structures and additions to structures subject to this chapter shall comply with the applicable standards for lots, building height and setbacks in Tables 40.220.010-2 and 40.220.010-3, subject to the provisions of Chapter 40.200 and Section 40.550.020, except that single-family attached (townhouse) lots and structures shall comply with the applicable standards in Table 40.220.010-4.2.    An exception to the maximum average lot size may be granted for a short plat creating lot(s) for an existing legal residence(s) and one (1) remainder lot subject to the following:a.    For a two (2) lot short plat with one (1) existing residence, neither the lot with the residence nor the remainder lot must meet the maximum average lot area.b.    When three (3) or more lots are created, only those lots with existing residences are exempted from maximum lot area average calculations.c.    The resulting plat shall contain a plat note specifying that this exception may not be used for any further divisions of the subject lots.3.    Lots created for drainage facilities, parks, open space, wetlands and buffers or utilities shall not be subject to maximum lot size requirements.(Amended: Ord. 2004-06-11; Ord. 2007-06-05; Ord. 2009-03-02; Ord. 2009-06-01; Ord. 2011-03-09; Ord. 2020-12-02) 1 The maximum and minimum density is for the purpose of calculating densities for planned unit developments, cottage housing and compact lot developments. Densities shall be calculated based on the gross area of the site minus any public rights-of-way, private road easements, or street tracts. For developments that include middle housing, the maximum density shall be calculated on an equivalent lot area basis as follows: The adjusted gross area, in acres, times the maximum density times the minimum lot area for single-family detached dwellings in the zone shall equal the total maximum allowed lot area, which may be divided into any combination of middle housing lots, each meeting the applicable minimum lot size for the housing type proposed, including single-family attached (townhouse) dwellings subject to Table 40.220.010-4.2 Average for each individual lot.3The average minimum lot width and depth should be calculated for lots that abut pedestrian accessways to include one-half (1/2) of the pedestrian accessway in a tract when the pedestrian accessway is required per Section 40.350.015(E).(Amended: Ord. 2007-06-05; Ord. 2009-03-02; Ord. 2009-06-01; Ord. 2010-08-06; Ord. 2020-12-02)1 Carports and solar energy systems are excluded from this provision; provided, that the total lot coverage limitation is not exceeded by more than ten percent (10%) as a result of these exceptions.2 Solar energy systems are excluded from this provision; provided, that the total lot coverage limitation is not exceeded by more than ten percent (10%) as a result of this exception.3 Front setbacks shall be measured from the edge of any street right-of-way, street tract, street easement, or driveway easement that provides access to the lot, including any separate pedestrian easement that may exist between a street and the front setback line.4 Setbacks to driveway and pedestrian easements that do not provide access to a subject lot shall be a minimum of five (5) feet. 5 Setbacks from alleys to all structures including entrances to garages shall be a minimum of five (5) feet.6 Reserved.7 Accessory buildings shall meet the height requirements of Section 40.260.010(D).8 Front setbacks for garage fronts in these zones shall be a minimum of eighteen (18) feet. Sides and rear of garages that have no driveway access may use the ten (10) foot living space setback.9 The minimum setbacks for interior side yards on pie-shaped lots shall be five (5) feet.10 Side and rear setbacks from abutting property zoned for natural resource or surface mining uses shall be a minimum of fifty (50) feet for all structures.11 Increased setbacks apply for structures housing large urban livestock. See Section 40.260.235.12 Interior side setbacks for lots that abut pedestrian accessways in a tract may be reduced by fifty percent (50%) when pedestrian accessways are required per Section 40.350.015(E).13 Lot coverage for lots that abut pedestrian accessways may be increased by ten percent (10%) when pedestrian accessways in a tract or easement are required per Section 40.350.015(E).(Amended: Ord. 2007-06-05; Ord. 2010-08-06; Ord. 2011-08-08; Ord. 2012-12-23; Ord. 2014-01-08; Ord. 2020-12-02)1 Densities shall be calculated based on the gross area of the site minus any public rights-of-way, private road easements, or street tracts.2 Applies to interior lots only – corner lots shall be of sufficient width so that sight distance and driveway spacing requirements are met.3 May be reduced when alley access is provided per Section 40.260.155(D)(1).4 If not sharing a common wall, the setback shall be five (5) feet.5 No portion of any structure (including eaves, gutters, etc.) may extend across a property line unless such encroachments are authorized by a plat note or approved final site plan. Such authorization may require special fire-resistant construction standards.6 When access is provided via an alley, lot coverage may be increased per Section 40.260.155(D)(2).7 Additional requirements may apply, based on building and fire codes.4.    Density Transfer for Single-Family Detached Dwellings.a.    Purpose. To achieve the density goals of the comprehensive plan with respect to the urban area, while preserving environmentally sensitive lands and the livability of the low-density residential neighborhoods, while also maintaining compatibility with existing residences.b.    The density for property developed in low-density zone districts for single-family detached dwellings, if encumbered by land identified as sensitive due to the presence of steep slopes, unstable land, historical or archaeological sites, wetlands and buffers, regional stormwater facilities, or other permanent physical development limitations as may be determined by the responsible official or land voluntarily set aside for open space or commons as approved by the responsible official, from the gross acreage may be transferred to the remaining unencumbered land areas on the same development site, subject to the following limitations:(1)    Easements established for utility transmission lines such as Bonneville Power Administration (BPA), PacifiCorp a.k.a. Pacific Power (formally known as PP&L), Clark Public Utilities, and NW Natural cannot be utilized for density transfer.(2)    Maximum Number. The maximum number of units that can be achieved on the site is based on the density in Table 40.220.010-5, multiplied by the gross acreage of the entire site, both encumbered and unencumbered, without deducting for road easements or right-of-way. The potential maximum number of lots will be dependent upon site characteristics and the lot requirements of Table 40.220.010-5.(3)    The minimum lot depth of any lot abutting environmentally sensitive lands shall be fifty-five (55) feet.(4)    For parent parcels larger than two and one-half (2.5) acres:(a)    The resulting lots which abut R1-5, R1-6, R1-7.5, R1-10 or R1-20 zoned lots or parcels shall:(i)    Be at least ninety percent (90%) of the minimum lot area standard for the subject parcel;(ii)    Have a lot depth of not less than eighty percent (80%) of the minimum lot depth of the subject parcel;(iii)    Have a minimum lot width not less than ten (10) feet from the minimum lot width of the subject parcel.(b)    The resulting lots which are interior (not a part of the parent parcel abutting an adjacent property line) to the site shall conform to the lot requirements set out in Table 40.220.010-4.(5)    For parent parcels two and one-half (2.5) acres or less, all lots, both exterior and interior, to be created shall conform to the lot requirements in Table 40.220.010-5.(6)    This density transfer development provision may not be used in association with the planned unit development provisions of Section 40.520.080, the compact lot development provisions of Section 40.260.072, or the cottage housing provisions of Section 40.260.073.(7)    A recorded covenant shall be placed on those areas or tracts from which density is transferred prohibiting any development of the parcel or tract inconsistent with its intended use.(8)    Subdivision lots shall be subject to the maximum average lot area provisions of the underlying zone.(Amended: Ord. 2004-06-11; Ord. 2007-06-05; Ord. 2007-11-13; Ord. 2011-08-08)1 Minimum usable area is that portion of the lot which is unencumbered by the land voluntarily set aside, environmentally sensitive lands to be protected and their respective buffers, and shall exclude setbacks and easements. [Example: A typical five thousand (5,000) square foot lot would have three thousand (3,000) square feet of usable area, even if unencumbered by environmentally sensitive lands.]2 May be reduced subject to the provisions of this chapter and the variance procedures.3 The maximum density rates apply to the overall gross acreage of the site, whether encumbered or not. The actual maximum number of lots that may be achieved is also dependent on the other requirements of this table. The maximum density rates are based upon dividing the gross acres by the minimum lot size in the zone, minus twenty percent (20%) which would normally be devoted to road right-of-way or road easements in a typical subdivision.4 Average for each individual lot.5.    Signs. Signs shall be permitted according to the provisions of Chapter 40.310.6.    Off-Street Parking. Off-street parking shall be provided as required in Chapter 40.340.7.    An exemption to the maximum lot size shall be granted for parcels incapable of division into three (3) lots due to minimum lot size requirements but would not meet maximum lot size requirements for a two (2) lot division.(Amended: Ord. 2005-04-12; Ord. 2007-06-05; Ord. 2024-03-02; Ord. 2025-07-01)

A.    Purpose.1.    The residential (R-12, R-18, R-22, R-30 and R-43) districts are intended to provide for medium and higher density residential development based upon consistency with the comprehensive plan and compatibility with surrounding land uses. The following factors will be considered in the application of one (1) of these districts to a particular site:a.    Properties designated urban medium density residential on the comprehensive plan should not exceed a density of R-22. Urban high density residential areas are appropriate for densities in the R-30 and R-43 districts.b.    Proximity to major streets and the available capacity of these streets, adequacy of public water and sewer, vehicular and pedestrian traffic circulation in the area, proximity to commercial services and proximity to public open space and recreation opportunities. Development within these districts will be reviewed to ensure compatibility with adjacent uses including such considerations as privacy, noise, lighting and design.2.    The office residential (OR-15, OR-18, OR-22, OR-30, OR-43) districts are intended to provide for residential and professional office development based upon consistency with the comprehensive plan and compatibility with adjacent land uses. It is intended that office developments within these districts will be of a higher standard in recognition of their residential setting. The following factors will be considered in the application of one (1) of these districts to a particular site:a.    Proximity to major streets and the available capacity of these streets;b.    Availability of public water and sewer;c.    Vehicular and pedestrian traffic circulation in the area;d.    Proximity to commercial services; ande.    Proximity to public open space and recreation opportunities.    Development within these districts will be reviewed to ensure compatibility with adjacent uses, including such considerations as privacy, noise, lighting and design.(Amended: Ord. 2018-01-09; Ord. 2018-10-02; Ord. 2019-07-01; Ord. 2020-03-08; Ord. 2025-07-01)B.    Uses.    The uses set out in Table 40.220.020-1 are examples of uses allowable in residential and office residential zone districts. The appropriate review authority is mandatory.•    “P” – Uses allowed subject to approval of applicable permits.•    “R/A” – Uses permitted upon review and approval as set forth in Section 40.520.020.•    “C” – Conditional uses which may be permitted subject to the approval of a conditional use permit as set forth in Section 40.520.030.•    “X” – Uses specifically prohibited.Where there are special use standards or restrictions for a listed use, the applicable code section(s) in Chapter 40.260, Special Uses and Standards, or other applicable chapter is noted in the “Special Standards” column.1 An accessory dwelling unit may be allowed on any multifamily zoned lot developed with an existing single-family dwelling, except as noted in Section 40.260.020. Type I site plan review is required.2 Only in single-family residences.3 See Table 40.260.250-1.4 Once a property has been developed as a public facility, a docket is required to change the comprehensive plan designation from the current zone to the public facilities zone.(Amended: Ord. 2004-06-11; Ord. 2004-09-02; Ord. 2005-04-12; Ord. 2006-05-01; Ord. 2007-06-05; Ord. 2007-11-13; Ord. 2010-08-06; Ord. 2011-06-14; Ord. 2011-08-08; Ord. 2011-12-09; Ord. 2012-02-03; Ord. 2012-02-08; Ord. 2012-06-02; Ord. 2013-07-08; Ord. 2014-05-07; Ord. 2014-11-02; Ord. 2016-06-12; Ord. 2018-01-09; Ord. 2018-10-02; Ord. 2019-07-01; Ord. 2020-03-08; Ord. 2023-11-28; Ord. 2025-07-01)C.    Development Standards.1.    With the exception of mobile home parks, new lots and structures and additions to structures subject to this section shall comply with the applicable standards for minimum and maximum density, lots, building height, setbacks and building separation in Tables 40.220.020-2 through 40.220.020-5. Mobile home parks shall not be required to comply with the minimum density standards set out in this section, but are required to meet all other applicable standards.2.    Multifamily, single-family attached (townhouses), and single-family detached developments are each subject to different standards, described in Tables 40.220.020-2 through 40.220.020-5.3.    The development of single-family detached lots where permitted in these zones shall require setbacks to be shown on the final plat. In addition, lots less than forty (40) feet wide are also subject to the narrow lot standards in Section 40.260.155.4.    All townhome developments shall require submittal of a site plan that shows proposed building envelopes and driveway locations. In addition, lots less than forty (40) feet wide are also subject to the narrow lot standards in Section 40.260.155.5.    Replacement single-family detached structures and additions to existing single-family structures in the R-30, OR-30, R-43 and OR-43 zones shall use the setbacks for multifamily dwellings in Table 40.220.020-3.(Amended: Ord. 2006-05-01; Ord. 2012-07-03) 1 Additional setbacks and/or landscape requirements may apply, particularly when abutting residential uses or zones. See Section 40.320.010.2 Front setbacks shall be measured from the edge of any street right-of-way, street tract, street easement, or driveway easement that provides access to the lot, including any separate pedestrian easement that may exist between a street and the front setback line.3 Setbacks to driveway and pedestrian easements that do not provide access to a subject lot shall be a minimum of five (5) feet.4 Setbacks from alleys to all structures including entrances to garages shall be a minimum of five (5) feet.5 Additional requirements may apply, based on building and fire codes.(Amended: Ord. 2005-04-12; Ord. 2007-06-05; Ord. 2007-11-13; Ord. 2009-12-01)1 Applies to interior lots only – corner lots shall be of sufficient width so that sight distance and driveway spacing requirements are met.2 May be reduced when alley access is provided per Section 40.260.155(D)(1).3 If not sharing a common wall, the setback shall be five (5) feet.4 No portion of any structure (including eaves, gutters, etc.) may extend across a property line unless such encroachments are authorized by a plat note or approved final site plan. Such authorization may require special fire-resistant construction standards.5 When access is provided via an alley, lot coverage may be increased per Section 40.260.155(D)(2).6 Additional requirements may apply, based on building and fire codes.1 Applies to interior lots only – widths of corner lots shall be dependent upon the applicable narrow lot standards in Section 40.260.155(C)(2).2 May be reduced when alley access is provided per Section 40.260.155(D)(1).3 May also use zero lot line provisions of Section 40.260.260.4 If accessed by alley, may be increased per Section 40.260.155(D)(2).6.    Minimum and Maximum Densities within the R-12, R-18, R-22, R-30, R-43 and All OR Districts. For uses other than mobile home parks, the review authority shall find that the established minimum densities will be achieved by all proposed land divisions or site plans. The applicant shall demonstrate that all required densities will be achieved. The review authority shall establish appropriate conditions to ensure density is achieved. Demonstration that the established minimum densities will be achieved shall be provided by the applicant as follows:a.    Where single-family or duplex developments at densities below the minimum density are proposed for a portion of the project. The minimum density to be transferred to a higher density multifamily development elsewhere on the site may be approved; provided, that:(1)    The application shall provide for a fully integrated design; or(2)    The development shall provide for phasing in which each phase meets the minimum density; or(3)    The development shall provide a site plan for preliminary approval of the remainder of the site, which shall be binding on the land owner and all future land owners. The binding document shall be a deed covenant, approved by the county. The covenant shall require that the approved site plan for the multifamily development will be constructed at the densities approved. Where any portion of the project exceeds either the density of the zoning district or twenty-one (21) units per acre, a market analysis shall be provided demonstrating that such a project is economically feasible in the county. Where a difference in density of over three (3) units per acre is proposed between developments in the site plan, the applicant shall provide deed covenants which notify the future owners of the lower density developments of the type and density of the adjoining development.b.    For all other projects including multifamily and detached single-family structures the density of the project for each individual phase and at total project buildout shall meet the minimum density. In order to reduce impacts to and from adjacent properties, multifamily developments adjacent to industrial uses should include the following design standards:(1)    Aspects of the development that will not be utilized for residential purposes should be located adjoining to the industrially zoned property where possible. Examples of such uses include parking, garages, access roads, required open space, carports and stormwater facilities.(2)    If residential buildings must be placed adjoining to the industrially zoned property, single-story buildings should be used. If multiple-story structures are proposed, building openings above the first floor should face away from the adjoining property in order to limit views and exposure to the adjacent use.c.    Minimum density will be based on the developable area of the lot that remains after subtracting:(1)    Land devoted to public or private roads or alleys, common parking areas and required sight distance triangles required for narrow lots under Section 40.260.155, public parks and trails, required landscaping and drainageways;(2)    Land designated by covenant or public dedication to be permanently maintained in an undeveloped state because the land is identified as sensitive due to the presence of steep slopes, unstable land, historical or archaeological sites, wetlands and buffers, or other permanent physical development limitations as may be determined by the responsible official. All other lands shall be considered in the calculation of minimum density or floor area ratio including required setbacks, private recreation or common areas.d.    Maximum density shall be calculated based upon the gross area of the site, excluding public right-of-way or street easements.7.    Signs. Signs shall be permitted according to the provisions of Chapter 40.310.8.    Off-Street Parking. Off-street parking shall be provided as required in Chapter 40.340 and Section 40.260.155 as applicable.9.    Landscaping. Within the R-12, R-18, R-22, R-30 and R-43 and all Office Residential districts, a minimum of twenty percent (20%) of the site shall be landscaped to an L1 standard as described in Section 40.320.010. Additional setbacks and/or landscape requirements may apply, particularly adjoining residential uses or zones pursuant to Section 40.520.040 and Chapter 40.320.10.    Recreation Space. Recreation space shall be provided as required in Section 40.260.150.11.    Safe pedestrian routes, including sidewalks and other planning features, shall be provided for students who only walk to and from school.12.    Townhouses shall be assessed school and park impact fees at the multifamily rate. Traffic impact fees for townhouses are assessed at their own rate.(Amended: Ord. 2005-04-12; Ord. 2007-11-13; Ord. 2009-03-02; Ord. 2011-03-09; Ord. 2018-01-09; Ord. 2023-01-08; Ord. 2025-07-01)

A.    Purpose.1.    Neighborhood Commercial (NC) District. These commercial areas of limited size are intended to provide for the convenience shopping needs of the immediate neighborhood. This district is permitted under the neighborhood commercial and mixed use comprehensive plan designations.2.    Community Commercial (CC) District. These commercial areas are intended to provide for the regular shopping and service needs for several adjacent neighborhoods. This district is only permitted in areas designated as community commercial or mixed use on the comprehensive plan.3.    General Commercial (GC) District. These commercial areas provide a full range of goods and services necessary to serve large areas of the county and the traveling public. This district is limited to the general commercial comprehensive plan designation.(Amended: Ord. 2008-12-15; Ord. 2019-07-01; Ord. 2020-03-08; Ord. 2024-12-16)B.    Definitions.    For the purposes of this section, the following definitions shall apply:1.    Streets. In commercial zones, the definition of “street” shall be limited to public rights-of-way.(Amended: Ord. 2019-07-01; Ord. 2020-03-08; Ord. 2024-12-16)C.    Uses.    The uses set out in Table 40.230.010-1 are examples of uses allowable in the various zone districts. The appropriate review authority is mandatory.•    “P” – Uses allowed subject to approval of applicable permits.•    “R/A” – Uses permitted upon review and approval as set forth in Section 40.520.020.•    “C” – Conditional uses which may be permitted subject to the approval of a conditional use permit as set forth in Section 40.520.030.•    “X” – Uses specifically prohibited.Where there are special use standards or restrictions for a listed use, the applicable code section(s) in Chapter 40.260, Special Uses and Standards, or other applicable chapter is noted in the “Special Standards” column.1 Outdoor areas shall be fully screened to the F2 standard.2 These areas must be identified and approved on the site plan.3 Such areas must be located behind buildings or to the rear of the site and away from street frontages and fully screened with landscaping according to Section 40.320.010(D)(1).4 These uses are permitted to occupy up to ten percent (10%) of the total floor area of the development or building. Open air sale of vehicles and manufactured homes is not subject to this requirement, where permitted. This is not intended to prohibit temporary outside sales of a limited duration (less than two (2) weeks total per year) when in conjunction with a permitted use.5 Vehicle storage areas shall be located behind buildings or to the rear of the site. Landscaping standards in excess of site plan review standards may be required in order to properly screen adjoining residential lands.6 Kennels shall comply with the noise standards in Chapter 173-60 WAC. All animals are to be housed within a structure between the hours of 10:00 p.m. and 7:00 a.m.7 Once a property has been developed as a public facility, a docket is required to change the comprehensive plan designation from the current zone to the Public Facilities zone.8 Full Exception. Multifamily affordable housing projects located in the Vancouver Urban Growth Area will be exempt from the requirement to have any associated commercial use as required in subsection (1) of this table if the applicant provides evidence to the responsible official prior to building permit certificate of occupancy of an executed long-term restrictive covenant for a period of at least thirty (30) years that requires one hundred percent (100%) of the units at an average of sixty percent (60%) of Area Median Income (AMI) or less.(Amended: Ord. 2004-06-11; Ord. 2005-04-12; Ord. 2006-05-01; Ord. 2007-06-05; Ord. 2007-11-13; Ord. 2009-01-05; Ord. 2010-08-06; Ord. 2011-02-13; Ord. 2011-03-09; Ord. 2011-06-14; Ord. 2011-12-09; Ord. 2012-06-02; Ord. 2012-07-03; Ord. 2013-07-08; Ord. 2014-01-08; Ord. 2014-05-07; Ord. 2014-08-03; Ord. 2014-11-02; Ord. 2016-06-12; Ord. 2019-07-01; Ord. 2020-03-08; Ord. 2023-11-28; Ord. 2024-12-16)D.    Development Standards.1.    New lots and structures and additions to structures subject to this section shall comply with the applicable standards for lots, building height, and setbacks in Tables 40.230.010-2 and 40.230.010-3, subject to the provisions of Chapter 40.200 and Section 40.550.020. Site plan review is required for all new development and modifications to existing permitted development unless expressly exempted by this title (see Section 40.520.040).2.    Signs. Signs shall be permitted according to the provisions of Chapter 40.310.3.    Off-Street Parking and Loading. Off-street parking and loading shall be provided as required in Chapter 40.340.4.    Landscaping. Not less than fifteen percent (15%) of the total lot area shall be landscaped. Pedestrian plazas, other pedestrian amenities, and low impact development stormwater management facilities may be used to meet the required landscaping at a one to one (1:1) ratio.5.    Site Plan Review Standards. In addition to the site plan approval criteria contained in Section 40.520.040(E), the following shall apply to all development within the commercial district unless expressly exempted. The responsible official may modify these standards for the expansion of existing uses for site-specific issues:a.    Primary pedestrian circulation routes connecting the street(s) to the primary building entry or entries shall be a minimum of eleven (11) feet (eight (8) feet of sidewalk/walkway with a minimum of three (3) feet of landscaping on one (1) side of the pedestrian route). The minimum three (3) foot landscaped area shall contain suitable tree species planted every twenty-four (24) feet to provide for a continuous tree canopy. The required landscape area should function as a buffer between auto drives and the pedestrian routes. Where the pedestrian circulation route crosses vehicular accessways the landscape area is not required. b.    Landscaping is required along the side of all buildings where the primary pedestrian access is provided. Minimum requirements shall be trees, of a suitable species according to Section 40.320.010, provided every thirty (30) feet on center planted in a landscaped strip or tree wells along the length of the building.c.    Landscape buffers required by Section 40.320.010 shall not apply between pad development sites and the remainder of the development site.d.    Landscaping required between commercial developments may be altered where parking lots are adjoining as follows: a single, shared five (5) foot buffer instead of five (5) feet for each development; provided, that joint access is provided between parcels for auto and pedestrian access and trees are planted every twenty (20) feet on center along the length of the buffer.(Amended: Ord. 2004-06-11; Ord. 2006-09-13; Ord. 2009-01-01; Ord. 2010-12-12; Ord. 2015-11-24; Ord. 2024-12-16)

A.    Purpose.    The mixed use (MX) district requires mixed use developments to provide the community with a mix of mutually supporting retail, service, office and residential uses. It promotes cohesive site planning and design which integrates and interconnects two (2) or more land uses into a development that is mutually supportive. It provides incentives to develop a higher-density, active, urban environment than generally found in a suburban community, and which is further expected to:1.    Achieve goals and objectives of the community framework plan and the comprehensive plan;2.    Enhance livability, environmental quality and economic vitality;3.    Accommodate and respect surrounding land uses by providing a gradual transition adjacent to lower density neighborhoods that may encircle a potential mixed use site;4.    Maximize efficient use of public facilities and services;5.    Provide a variety of housing types and densities;6.    Reduce the number of automobile trips and encourage alternative modes of transportation; and7.    Create a safe, attractive and convenient environment for living, working, recreating and traveling.(Amended: Ord. 2019-07-01; Ord. 2020-03-08; Ord. 2024-12-16)B.    Applicability.1.    General. The provisions of this section shall be applied to parcels or groups of contiguous parcels designated mixed use on the zoning map.2.    Interpretation. If the requirements of the mixed use district conflict with other regulations, the more stringent of the two (2) shall apply as determined by the responsible official.(Amended: Ord. 2019-07-01; Ord. 2020-03-08; Ord. 2024-12-16)C.    Definitions.    For the purposes of this section, the following definitions shall apply:1.    “Mixed use development” shall mean a group of structures planned as a single entity and containing within and/or among them a variety of complementary and/or mutually supporting uses (such as housing, offices, retail, public service or entertainment).2.    “Developable area” means that portion of the site which is unencumbered by environmentally sensitive lands to be protected and their respective buffers, designated parks and open space, public right-of-way, and road easements. 3.    “Building footprint” means the area contained within the exterior building walls of the ground floor of a building plus the area of any portion of upper floors that extend outside of the footprint of the ground floor.4.    “Cottage housing” means a collection of small single-family detached dwelling units arranged around a common open space.5.    “Mixed use building” means any building that combines both permitted residential and nonresidential uses.6.    “Net ground floor area” means nonresidential floor area and excludes parking areas.7.    “Senior housing” means dwelling units specifically for occupancy by persons fifty-five (55) years of age or older.(Amended: Ord. 2019-07-01; Ord. 2020-03-08; Ord. 2024-12-16)D.    Uses. The uses set out in Table 40.230.020-1 are permitted or conditional in the mixed use (MX) district. Residential uses are permitted so long as the minimum required densities of this section are met. The appropriate review authority is mandatory.•    “P” – Uses allowed subject to approval of applicable permits.•    “R/A” – Uses permitted upon review and approval as set forth in Section 40.520.020.•    “C” – Conditional uses which may be permitted subject to the approval of a conditional use permit as set forth in Section 40.520.030.•    “X” – Uses specifically prohibited.1 All new development is subject to the Mixed Use Design Standards per Section 40.230.020(F).2 Provided, that single-family detached account for no more than thirty percent (30%) of the total dwelling units on the development site.3 For purposes of density calculations, accessory dwelling units shall qualify as a dwelling unit.4 Provided, they account for no more than fifty percent (50%) of the total dwelling units on the development site including the open space.5 Development site ten (10) acres or greater.6 Development site twenty (20) acres or greater.7 Finished product retailers with primary fabrication or assembly on site with an entirely enclosed building.8 Drive-through, drive-in or drive-up facilities are an allowed use for branch banks only.9 These areas must be identified and approved on the site plan.10 Once a property has been developed as a public facility, a docket is required to change the comprehensive plan designation from the current zone to the Public Facilities zone.(Amended: Ord. 2010-08-06; Ord. 2011-03-09; Ord. 2011-06-14; Ord. 2011-12-09; Ord. 2012-02-03; Ord. 2012-06-02; Ord. 2013-07-08; Ord. 2014-01-08; Ord. 2014-05-07; Ord. 2014-11-02; Ord. 2016-06-12; Ord. 2019-07-01; Ord. 2020-03-08; Ord. 2024-12-16)E.    Mixed Use Standards.1.    Residential.a.    Whether within a single building or on a development site, a minimum of twenty percent (20%) of the development shall be nonresidential and a minimum of twenty percent (20%) of the development shall be residential. This percentage shall be calculated by determining the percent of developable area devoted to each type of use. For mixed use buildings, the percentage shall be calculated by one (1) of the following methods:(1)    The percentage of total building’s floor area devoted to residential to nonresidential uses.(2)    The percentage of net ground floor area (for nonresidential uses) to gross ground floor area (residential and/or parking areas).b.    Partial Exception. The responsible official may allow a reduction in the percentage of required nonresidential uses as required in Section 40.230.020(E)(1)(a), to a minimum of five percent (5%) provided all of the following criteria are met:(1)    The development includes a vertical mix of uses in one (1) or more mixed use buildings. This shall include space for nonresidential uses on at least a portion of the ground floor and residential uses on one (1) or more upper floors;(2)    The development site is not larger than two (2) acres; and(3)    All ground floor residential units facing a public street shall maintain a minimum structural ceiling height of thirteen (13) feet to provide the opportunity for future conversion to nonresidential uses.c.     Full Exception. Multifamily affordable housing projects located in the Vancouver Urban Growth Area will be exempt from Section 40.230.020(E)(1)(a) if the applicant provides evidence to the responsible official prior to building permit certificate of occupancy of an executed long-term restrictive covenant for a period of at least thirty (30) years that requires one hundred percent (100%) of the units at an average of sixty percent (60%) of area median income (AMI) or less.d.    A minimum density of twelve (12) dwelling units per acre is required. This shall be based on the developable area devoted to residential use. If the development site is greater than five (5) acres and less than fifty (50) acres, the residential use shall contain a minimum three (3) permitted housing types as set forth in the Mixed Use Design Standards in Appendix A of this title. If the development site is fifty (50) acres or more, the residential use shall contain a minimum four (4) permitted housing types as set forth in the Mixed Use Design Standards in Appendix A of this title.e.    The maximum density shall be forty-three (43) dwelling units per acre. This shall be based on the developable area devoted to residential use. Exception: There shall be no maximum density for buildings featuring vertical mix of uses. To qualify, nonresidential uses (net ground floor area) shall occupy at least fifty percent (50%) of the building’s gross ground floor area. Residential uses shall occupy one (1) or more upper floors.f.    Conversion of Existing Structures. An existing residential structure may not be converted to a commercial or office use unless consistent with this chapter.2.    Nonresidential. All uses on the ground floor must maintain a minimum structural ceiling height of thirteen (13) feet. (Amended: Ord. 2011-08-08; Ord. 2024-12-16)F.    Design Standards. All new development shall be designed in accordance with the Mixed Use Design Standards as set forth in Appendix A of this title.(Amended: Ord. 2024-12-16)G.    Incentives. A reduction of the TIF may be granted pursuant to this section with the implementation and maintenance of the corresponding action in Table 40.230.020-2 on approval of the responsible official.(Amended: Ord. 2024-12-16)H.    Approval Process.1.    Site Plan Review Required. Mixed use developments shall require submittal of a site plan, as required under Section 40.520.040, Site Plan Review, and Table 40.510.050-1, Application Submittal Requirements. The mixed use site plan shall be processed under the Type III review process, per Section 40.510.030.a.    The applicant for a proposed mixed use development shall certify that two (2) or more of the following have been involved with the preparation of the preliminary mixed use development plan:(1)    An architect licensed in the state of Washington; and/or(2)    A landscape architect licensed in the state of Washington; and/or(3)    A registered civil engineer or a registered land surveyor licensed in the state of Washington; and/or(4)    A certified arborist, if a vegetation management plan is required.b.    One of the above professionals shall be designated by the applicant to be responsible for submitting materials to and communicating with the responsible official with respect to the concept and details of the development plan. This applicant designee shall act as a liaison between the responsible official, the design team and the applicant. The selection of this liaison shall not prevent the applicant or any member of the design team from conferring with the responsible official or presenting material to the responsible official. The responsible official may require that the expertise of other professionals be used in the planning and development of the mixed use development if it is determined that the site merits special consideration due to particularly unusual or adverse features or conditions. c.    All plans and specifications required for the development shall be prepared and designed by engineers and/or architects licensed in the state of Washington. 2.    Neighborhood Meeting Required. A neighborhood meeting shall be held prior to submission of an application for a mixed use development. The applicant shall hold a public meeting to offer owners of property adjacent to the affected property an opportunity to participate in the development process. A pre-application conference is not a substitute for the required neighborhood meeting. The applicant shall follow the neighborhood meeting guidelines established by the county.a.    The neighborhood meeting shall be held within ninety (90) days prior to submitting the application.b.    The applicant shall send a notice of the meeting at least fifteen (15) days prior to the neighborhood meeting to:(1)    The official representative(s) of the county-recognized neighborhood association(s), if applicable, in whose boundaries the affected property is located, based on the list of official neighborhood associations kept by the responsible official; and(2)    Residents and property owners of record of property within a radius of five hundred (500) feet of the subject property. The records of the County Assessor shall be used for determining the property owners of record. The mailing list used for notification shall be based on the most recent property tax assessment rolls within thirty (30) days of mailing of the Clark County Assessor. At the request of the applicant, and upon payment of an applicable fee, the county will provide the required mailing list.(3)    The responsible official.c.    The notice must identify the date, time and place of the meeting and provide a brief description of the proposed development.d.    A copy of the notice, proposed development plan as presented at the meeting, the mailing list, meeting summary and the sign-in sheet from the meeting shall be submitted with the application.3.    Master Plan. All developments with proposed phasing of uses shall submit a master plan pursuant to Section 40.520.070.(Amended: Ord. 2004-12-12; Ord. 2005-04-12; Ord. 2006-04-18; Ord. 2011-08-08; Ord. 2024-12-16)

A.    Purpose.    The University (U) district is intended to provide long-term opportunities for educational and related uses within the community. Such educational facilities enhance the identity and image of the community as a desirable place for human growth and development and provide opportunities and facilities for various activities and needs of a diverse and dynamic population. The purpose of this section is to allow such development to occur in a manner that does not adversely impact the community and provides and protects the natural and physical assets of the community. In addition, the purpose is to provide a timely but adequate review of such development and to create predictability for institutions of higher education in the planning process.(Amended: Ord. 2019-04-01; Ord. 2019-07-01; Ord. 2020-03-08)B.    Uses.    The uses set out in Table 40.230.050-1 are examples of uses allowable in this zone district. The appropriate review authority is mandatory.•    “P” – Uses allowed subject to approval of applicable permits.•    “R/A” – Uses permitted upon review and approval as set forth in Section 40.520.020.•    “C” – Conditional uses which may be permitted subject to the approval of a conditional use permit as set forth in Section 40.520.030.•    “X” – Uses specifically prohibited.Where there are special use standards or restrictions for a listed use, the applicable code section(s) in Chapter 40.260, Special Uses and Standards, or other applicable chapter is noted in the “Special Standards” column.1 See Table 40.260.250-1.(Amended: Ord. 2011-06-14; Ord. 2012-06-02; Ord. 2013-07-08; Ord. 2014-05-07; Ord. 2014-11-02; Ord. 2016-06-12; Ord. 2019-04-01; Ord. 2019-07-01; Ord. 2020-03-08; Ord. 2023-11-28)C.    Development Standards.1.    New lots and structures and additions to structures subject to this chapter shall comply with the applicable standards for lots, building height, setbacks and building separation in Tables 40.230.050-2 and 40.230.050-3, subject to the provisions of Chapter 40.200 and Section40.550.020. Site plan review is required for all new development and modifications to existing permitted development unless expressly exempted by this title (see Section 40.520.040)  1 Setback shall be ten (10) feet unless the site adjoins a residential district, in which case the minimum setback shall be twenty (20) feet.2 No building or structure shall be hereafter erected, enlarged, or structurally altered to exceed seventy-two (72) feet in height unless a conditional use permit is granted. Uninhabitable portions of a building, such as a spire, dome, lantern, clock tower, shall be allowed to exceed the height limit as provided for in Section 40.200.060.2.    Signs. Signs shall be permitted according to the provisions of Chapter 40.310.3.    Off-Street Parking and Loading.a.    Off-street parking shall be provided as required in Chapter 40.340. No off-street parking or loading area shall be allowed within twenty-five (25) feet of a property line, unless the responsible official finds that a buffer will exist that effectively screens the parking from an adjoining residential zone, in which case no off-street parking or loading area shall be allowed within ten (10) feet of an adjoining residential zone or public right-of-way or access easement.b.    All motor vehicle parking, maneuvering, and loading areas shall be paved. Other surfaces may be used for fire lanes as approved by the fire marshal and responsible official; provided, the alternative surface will accommodate emergency vehicle loads.c.    Bicycle and pedestrian paths shall be provided in accordance with the approved master plan. Such paths are allowed within the required setback areas.4.    Site Plan Approval. New development shall be subject to Section 40.520.040, Site Plan Approval, prior to issuance of a building permit. In addition to the requirements of Section 40.520.040, the following requirements shall apply to properties located within the U district:a.    Buildings and structures shall be sited to minimize to the extent possible the interruption of views from adjacent residential areas to any identified significant geographic feature, such as the Cascade Range.b.    Landscaping shall be provided that, at maturity, will adequately screen parking lots and vehicle loading and maneuvering areas from surrounding residences while not significantly obscuring views of identified significant geographic features, such as the Cascade Range.c.    Landscaping shall be of a type that has growth characteristics given conditions on the site to be effective at screening from the intended view shed within two (2) years of planting, although complete effectiveness may not occur for additional years. Minimum size for shrubs shall be six (6) feet within two (2) years of installation; minimum size for trees shall be twelve (12) feet within two (2) years of installation.d.    All required landscaping shall be installed prior to issuance of a certificate of occupancy, unless otherwise approved by the responsible official pursuant to Section 40.320.010(G). Landscaping shall be designated in phases in a reasonable manner to coincide with the phasing of the overall construction which may occur.e.    Areas which are to be preserved and maintained in their natural setting shall be so designated on a landscape plan, and subject to the review and approval of the responsible official. Preserving native vegetation can be used to meet stormwater requirements as designated in Chapter 40.386.f.    Any mature trees which are lost as a result of new building construction shall be replaced with new plantings of equivalent long-term quality and value based on the International Society of Arboriculture guidelines.g.    All mechanical heating and ventilating equipment shall be visually screened as required in Section 40.320.010(D)(2), as approved in the site plan review process.h.    Exterior lighting shall be installed to avoid disruption to abutting properties and to avoid traffic safety hazards as required in Section 40.570.080(C)(3)(i), as approved in the site plan review process.5.    Performance Standards. No land or structure shall be used or occupied within the U district unless there is compliance with the following minimum performance standards:a.    Noise. The maximum permissible noise levels shall be as determined by Chapter 173-60 WAC, as amended.b.    Vibration. Vibration which is discernible without instruments at the property line of the use concerned is prohibited.c.    Smoke and Particulate Matter. Air emissions must be approved by the Southwest Clean Air Agency.d.    Odors. The emission of noxious gases or matter in such quantities as to be readily detectable at any point beyond the property line of the use creating such odors is prohibited.e.    Lighting. Exterior lighting shall be directed so as to not shine onto or significantly interfere with uses of abutting properties and to avoid traffic safety hazards.f.    Heat and Glare. Except for exterior lighting, operations producing heat and glare shall be conducted entirely within an enclosed building.g.    Storage, Handling, and Use of Hazardous Materials. The storage, handling and use of hazardous materials shall be in compliance with all applicable local, state and federal regulations. Changes in the use of hazardous materials shall be reported to the county fire marshal for review and approval.h.    Rooftop and Ground-Level Exterior Equipment. The provisions of Section 40.320.010 shall apply. The screening shall be incorporated into the design of the building.i.    Solid Waste. All uses within the U district shall establish and implement a recycling program to reduce the amount of material disposed of at landfills.(Amended: Ord. 2006-09-13; Ord. 2015-11-24; Ord. 2019-04-01)D.    Special Requirements.1.    Development on properties of five (5) acres or more within the U district shall not be undertaken without first obtaining approval of a Master Development Plan (MDP). The hearing examiner shall consider the MDP at a public hearing conducted pursuant to Section 40.510.030. The application will be reviewed as a Type III process.2.    In the case of a property that is less than five (5) acres or in the case of a reuse of an existing building, no MDP shall be required.3.    The MDP application shall include the following:a.    Vicinity map;b.    Site analysis including key natural features;c.    Site plan showing the proposed locations of buildings and related facilities;d.    General layout of streets, utilities, and drainage management measures;e.    Maps and/or narrative showing off-site improvements, if any, necessary to serve the proposed development;f.    Proposed phasing of development and the overall schedule of phasing;g.    Other information as determined by the responsible official.4.    The hearing examiner shall approve the proposed MDP or approve with conditions only if it is found that the plan and schedule satisfy the following:a.    Provide an overall general plan which is properly related to and preserves the natural features and resources on the site and vicinity;b.    Provide for land uses and intensities that are consistent with the comprehensive plan, this chapter, and with the planned capacity of public facilities;c.    Assure that the proposed development is considered as a whole and will conform to the comprehensive plan, the zoning standards, and all applicable county plans;d.    Assure that phased development is properly coordinated;e.    Do not significantly adversely impact the surrounding properties and uses.    Projects for which an MDP or the equivalent have been reviewed as part of any other regulatory process for which a public hearing was required prior to January 1, 1995, shall be exempted from this requirement.5.    The responsible official shall have the authority to review and approve minor modifications to a previously reviewed MDP as a Type II process; provided, that the requirements of this section are satisfied. A minor change is one which does not change the overall land use concept and the project as a whole, does not substantially increase intensity of development, or does not materially affect the relationship of the development to adjacent land uses. Any other changes must be processed as a new application.(Amended: 2019-04-01)

A.    Purpose.    The Airport (A) district is intended to recognize and protect those areas devoted to public use aviation, and which are designated on the comprehensive plan. It is also intended to provide areas for those activities supporting or dependent upon aircraft or air transportation, when such activities benefit from a location within or immediately adjacent to primary flight operations and passenger or cargo service facilities.(Amended: Ord. 2019-07-01)B.    Uses.    The uses set out in Table 40.230.060-1 are examples of uses allowable in this zone district. The appropriate review authority is mandatory.•    “P” – Uses allowed subject to approval of applicable permits.•    “R/A” – Uses permitted upon review and approval as set forth in Section 40.520.020.•    “C” – Conditional uses which may be permitted subject to the approval of a conditional use permit as set forth in Section 40.520.030.•    “X” – Uses specifically prohibited.Where there are special use standards or restrictions for a listed use, the applicable code section(s) in Chapter 40.260, Special Uses and Standards, or other applicable chapter is noted in the “Special Standards” column.1 See Table 40.260.250-1.2 Once a property has been developed as a public facility, a docket is required to change the comprehensive plan designation from the current zone to the Public Facilities zone.(Amended: Ord. 2011-06-14; Ord. 2012-06-02; Ord. 2013-07-08; Ord. 2014-05-07; Ord. 2014-11-02; Ord. 2016-06-12; Ord. 2019-07-01)C.    Development Standards.1.    New lots and structures and additions to structures subject to this chapter shall comply with the applicable standards for lots, building height, setbacks and building separation in Tables 40.230.060-2 and 40.230.060-3, subject to the provisions of Chapter 40.200 and Section 40.550.020. Site plan review is required for all new development and modifications to existing permitted development unless expressly exempted by this title (see Section 40.520.040).1 When abutting a residential district.2 No building or structure shall be hereafter erected, enlarged, or structurally altered to exceed thirty-five (35) feet in height, unless a conditional use permit is granted.2.    Signs. Signs shall be permitted according to the provisions of Chapter 40.310.3.    Off-Street Parking and Loading. Off-street parking and loading shall be provided as required in Chapter 40.340.4.    Special Provisions. When an airport district abuts a residential district, there shall be a minimum of five hundred (500) feet from the end of any runway and the residential district.

A.    Purpose. The purpose of this section is to provide for a wide range of noncommercial economic development and employment opportunities that limit residential, institutional, commercial, office and other nonindustrial uses to those necessary for the convenience and support of such development and opportunities.(Amended: Ord. 2016-04-03; Ord. 2018-01-09; Ord. 2019-07-01; Ord. 2019-11-05; Ord. 2019-11-16; Ord. 2020-03-08)B.    Applicability. The regulations in this section shall be applicable in the following zoning districts:1.    Industrial (I) Districts.a.    Light Industrial District (IL). The light industrial district is intended to provide for those less-intensive industrial uses which produce little noise, odor and pollution. It also provides for resource-based uses and service uses that are deemed compatible with light industrial uses.b.    Business Park (BP) District. The business park district provides for the development of uses including limited light manufacturing and wholesale trade, light warehousing, business and professional services, research, business, and corporate offices, and other similar compatible or supporting enterprises not oriented to the general public.c.    Railroad Industrial District (IR). The railroad industrial district is intended to provide for those industrial uses that are most suited for and can take advantage of locations along the county’s rail line.2.    Heavy Industrial District (IH). The heavy industrial district is intended to preserve, enhance and create areas containing industrial and manufacturing activities which are potentially incompatible with most other uses.(Amended: Ord. 2016-04-03; Ord. 2018-01-09; 2019-07-01; Ord. 2019-11-05; Ord. 2019-11-16; Ord. 2020-03-08)C.    Uses. The uses set out in Table 40.230.085-1 are examples of uses allowable in the Industrial and Business Park zoning districts.    “P” – Uses allowed subject to approval of applicable permits.    “C” – Conditional uses which may be permitted, subject to the approval of a conditional use permit as set forth in Section 40.520.030.    “X” – Uses specifically prohibited.The list of uses is based on the 2012 North American Industrial Classification System (NAICS), http://www.naics.com/search.htm. NAICS is organized in a hierarchical structure as follows:•    Sector (two (2) digit);•    Subsector (three (3) digit);•    Industry groups (four (4) digit); and•    Industry (five (5) digit).In Table 40.230.085-1, each line is intended to include all lower divisions within it. If a specific industry group or industry is separately called out on its own line in the table under a subsector, it is to be separately regulated, but all other industry groups or industry under a subsector not listed will be regulated the same as the subsector. Where no industry group or industry is separately called out, the use category is intended to apply generally to uses within the subsector.The use categories apply to the industry sector of the user and are not intended to be applied individually to floor areas within each use category. 1 These uses shall be limited to a maximum of ten percent (10%) of the gross floor area of all buildings within the development site. These uses are intended to serve and support the needs of employees, clients, customers, vendors, and others having business at the industrial site, to allow limited retail sales of products manufactured on site, to attract and retain a quality workforce, and to further other public objectives such as trip reduction.2 Permitted only in association with a permitted use.3 The repair and maintenance subsector does not include all establishments that do repair and maintenance. For example, a substantial amount of repair is done by establishments that also manufacture machinery, equipment and other goods. These establishments are included in Sector 31-33, Manufacturing Uses. Repair of transportation equipment is often provided by or based at transportation facilities, such as airports and seaports, and these activities are included in Sector 48-49, Transportation and Warehousing. Excluded from this subsector are establishments primarily engaged in rebuilding or remanufacturing machinery and equipment. These are classified in Sector 31-33, Manufacturing Uses. Also excluded are retail establishments that provide after-sale services and repair. These are classified in Sector 44-45, Retail trade.4 Subject to the provisions of Section 40.250.022, Surface Mining Overlay District.5 Businesses that are actively working on construction projects and not just coordinating with other contractors. Uses include the storage of materials for use on construction projects, trucks, and other equipment, and shall not be a purely office use. These uses shall not include professional offices such as engineers, planners or architects that support land development and subdivision projects.6 Subject to the provisions of Section 40.260.200.7 See Table 40.260.250-1.8 Subject to the provisions of Section 40.260.055.9 Subject to the provisions of Section 40.260.025.10 Once a property has been developed as a public facility, a docket is required to change the comprehensive plan designation from the current zone to the Public Facilities zone.11 Subject to the provisions of Section 40.260.115.12 Subject to the provisions of Section 40.260.077.(Amended: Ord. 2013-07-08; Ord. 2014-01-08; Ord. 2014-05-07; Ord. 2014-11-02; Ord. 2016-04-03; Ord. 2016-06-12; Ord. 2018-01-09; Ord. 2019-07-01; Ord. 2019-11-05; Ord. 2019-11-16; Ord. 2020-03-08; Ord. 2023-11-28)D.    Development Standards. Development standards for employment zoning districts are as follows:1.    All districts.a.    New lots, structures and additions to structures subject to this section shall comply with the applicable standards for lots, building height, setbacks and landscaping in Table 40.230.085-2, subject to the provisions of Chapter 40.200 and Section 40.550.020. Site plan review is required for all new development and modifications to existing permitted development unless expressly exempted by this title (see Section 40.520.040).1 Additional setbacks and/or landscape requirements may apply, particularly abutting residential uses or zones. See Sections 40.230.085(E) and 40.320.010.2 Excluding unique architectural features such as towers, cupolas and peaked roofs. No height limitation for accessory towers.3 Building height is limited to sixty (60) feet for parcels on the perimeter of the district or on parcels adjacent to residential districts. Buildings on perimeter parcels may be up to one hundred (100) feet in height if the setback is increased to the building height.4 New parcels smaller than five (5) acres are not permitted unless consistent with a site plan approval.5 Twenty (20) feet when abutting residentially zoned property.6 For buildings exceeding thirty-six (36) feet in height, the building setback shall be equal to the height of the building, up to a maximum setback of fifty (50) feet.(Amended: Ord. 2014-01-08; Ord. 2016-04-03; Ord. 2019-11-05; Ord. 2019-11-16)b.    Site plan review pursuant to Section 40.520.040 is required for all new development and modifications to existing permitted development unless expressly exempted by this title.c.    Freestanding commercial retail buildings are permitted with the exception of drive-through retail businesses. Freestanding commercial retail buildings shall not exceed ten thousand (10,000) square feet. Where commercial retail uses are approved, a note shall be placed on the final site plan indicating the cumulative amount of the commercial retail areas that have been approved and the residual amount that remains available for use.d.    Signs. Signs shall be permitted according to the provisions of Chapter 40.310.e.    Off-Street Parking and Loading. Off-street parking and loading shall be provided as required in Chapter 40.340.f.    Landscaping. Landscaping and buffers shall be provided as required in Table 40.230.085-2 and Chapter 40.320.2.    Additional Development Standards for the Railroad Industrial District.a.    The perimeter around railroad industrial parks shall be landscaped to an L5 or L3 standard except along the rail line. In determining which standard applies, the responsible official will consider the potential impacts, such as noise and visual impacts to neighboring properties. Generally, greater impacts trigger the L5 standard and lesser impacts trigger the L3 standard.b.    The performance standards of Section 40.230.085(E) shall be met at the park perimeter.c.    No tracks are allowed in public roadways except at at-grade crossings.d.    At-grade crossings shall be minimized to the greatest extent practicable.e.    Applicants for development in this zoning district shall submit a rail use plan showing where they could build a spur track that will connect with the main line. A rail use plan does not apply if an applicant can show there is an existing track or spur. Development shall not preclude the extension of any spur track.3.    Additional Development Standards for the Business Park District.a.    Uses in Setbacks. No service road, spur track, hard stand, or outside storage area shall be permitted within required setbacks adjoining residential districts.b.    Setbacks. No minimum setback is required where side or rear lot lines abut a railroad right-of-way or spur track.c.    Fences. Fencing around the perimeter of the development and fencing abutting public or private streets shall be a combination of solid wall, wrought iron, or other similar treatment. Sections of fence or wall longer than fifty (50) feet shall be interspersed with trees or hedges at least every fifty (50) feet for a distance of at least five (5) feet to break up the appearance of the fence or wall. Fences or walls shall not block sight distance at intersections. The responsible official may approve and condition an alternative fence design that is compatible with existing, abutting fencing, landscaping, and land uses that still meets the intent of the development standards of the Business Park zoning district.d.    Site Landscaping and Design Plan. In addition to site plan requirements, the following requirements shall apply:(1)    Blank walls are discouraged next to residential zones. If a blank wall is adjacent to residential zones, the applicant shall provide and maintain a vegetative buffer at least eleven (11) feet high that creates a varied appearance to the blank wall. Other features such as false or display windows, artwork, and varied building materials are acceptable.(2)    Parking areas adjacent to rights-of-way shall be physically separated from the rights-of-way by landscaping or other features to a height of three (3) feet. A combination of walls, berms and landscape materials is preferred. Sidewalks may be placed within this landscaping if the street is defined as a collector or arterial with a speed limit of thirty-five (35) mph or above, in order to separate the pedestrian from heavy or high speed traffic on adjacent roads. The creation of a perimeter feature shall not interfere with the implementation of low impact development stormwater management features on site.(3)    If a development is located within two hundred fifty (250) feet of an existing or proposed transit stop, the applicant shall work with the transit agency in locating a transit stop and shelter as close as possible to the main building entrance.(4)    Parking island locations may be designed to facilitate on-site truck maneuvering.(5)    Required setback areas adjacent to streets and abutting a residential district shall be continuously maintained in lawn or live groundcover. Allowed uses in these areas are bikeways, pedestrian paths and stormwater facilities.(6)    A minimum fifteen percent (15%) of the site shall be landscaped. Vegetated stormwater facilities and pedestrian plazas may be used to satisfy this requirement. To qualify as a pedestrian plaza, the plaza must:(a)    Have a minimum width and depth of ten (10) feet and a minimum size of six hundred fifty (650) square feet; and(b)    Have a minimum of eighty percent (80%) of the area paved in a decorative paver or textured, colored concrete. Asphalt is prohibited as a paver in pedestrian plazas.(7)    Structures should be clustered on site to maximize open space within the development.e.    Pedestrian Access Plan. An on-site pedestrian circulation system must be provided which connects the street to the public entrances of the structure(s) on site.(1)    The circulation system shall be hard surfaced and be at least five (5) feet wide.(2)    Where the system crosses driveways, parking, and/or loading areas, the system must be clearly identifiable through the use of elevation changes, speed bumps, varied paving materials or other similar methods approved by the reviewing authority and in compliance with the Americans with Disabilities Act (ADA).(3)    The pedestrian circulation system and parking areas must be adequately lighted so that parking areas can be used safely when natural light is not present.(4)    The pedestrian system must connect the site to adjacent streets and transit stops. The pedestrian system must also connect on-site public open space or parks, commercial, office and institutional developments to adjacent like uses and developments for all buildings set back forty-five (45) feet or farther from the street lot line when existing development does not preclude such connection. Development patterns must not preclude eventual site-to-site connections, even if an adjoining site is not planned for development at the time of the applicant’s development.f.    Commercial Retail Bonus. Additional floor area beyond ten percent (10%) of the total may be devoted to commercial uses if the following conditions are met. Commercial and service bonuses are expressed as a percentage of total floor area of the development or building, up to a maximum of twenty percent (20%).(1)    All required parking is contained within the building or parking structure associated with the development: two and one-half percent (2.5%) bonus for each building served by the qualifying parking structure.(2)    The building is oriented such that access to a transit stop is available within one-half (1/2) mile: two and one-half percent (2.5%) bonus.(3)    Child care facilities are provided within the development: two and one-half percent (2.5%) bonus.(4)    Any six (6) of the following enhanced pedestrian spaces and amenities are provided: plazas, arcades, galleries, courtyards, outdoor cafes, widened sidewalks (more than six (6) feet wide outside of public right-of-way), benches, shelters, street furniture, public art or kiosks: two and one-half percent (2.5%) bonus.(Amended: Ord. 2015-11-24; Ord. 2016-04-03; Ord. 2018-01-09; Ord. 2019-11-05; Ord. 2019-11-16)E.    Performance Standards. No land or structure shall be used or occupied within employment districts unless there is continuing compliance with the following minimum performance standards:1.    Maximum permissible noise levels shall be as determined by Chapter 173-60 WAC, as amended, and applicable provisions of Subtitle 40.3.2.    Venting Standards. The venting of odors, vapors, smoke, cinders, dust, gas, and fumes shall be directed away from residential uses within fifty (50) feet of the vent.3.    Major Odor Sources.a.    When an application is made for a use which is determined to be a major odor source, the applicant shall demonstrate that:(1)    The odor abatement for the project shall comply with the best available control technology for odor control; and(2)    The emissions will not exceed SWCAA General Regulations.b.    Uses which involve the following odor-emitting processes or activities shall be considered major odor sources:(1)    Lithographic, rotogravure or flexographic printing;(2)    Film burning;(3)    Fiberglassing;(4)    Selling of gasoline and/or storage of gasoline in tanks larger than two hundred sixty (260) gallons;(5)    Handling of heated tars and asphalts;(6)    Incinerating (commercial);(7)    Metal plating;(8)    Tire buffing;(9)    Vapor degreasing;(10)    Wire reclamation;(11)    Use of boilers (greater than one hundred six (106) British thermal units per hour, ten thousand (10,000) pounds steam per hour, or thirty (30) boiler horsepower);(12)    Other uses creating similar odor impacts;(13)    Uses which employ the following processes shall be considered major odor sources, except when the entire activity is conducted as part of a retail sales and service use:(a)    Cooking of grains;(b)    Smoking of food or food products;(c)    Fish or fishmeal processing;(d)    Coffee or nut roasting;(e)    Deep-fat frying;(f)    Dry cleaning;(g)    Animal food processing;(h)    Other uses creating odors offensive to a person of ordinary sensitivity at any point along a boundary line of the property on which a use or structure is located.4.    Light and Glare Standards.a.    Except for exterior lighting, operations producing heat and glare shall be conducted entirely within an enclosed building.b.    Exterior lighting shall be shielded and directed away from lots in adjacent uses.c.    Interior lighting in parking structures shall be shielded to minimize nighttime glare affecting lots in adjacent uses.d.    When nonconforming exterior lighting is replaced, new lighting shall conform to the requirements of this section.e.    Glare diagrams which clearly identify potential adverse glare impacts on any residential zone and on arterials shall be required when:(1)    Any structure is proposed to have facades of reflective coated glass or other highly reflective material, and/or a new structure or expansion of an existing structure greater than sixty-five (65) feet in height is proposed to have more than thirty percent (30%) of the facades comprised of clear or tinted glass;(2)    The facade(s) surfaced or comprised of such materials either:(a)    Are oriented towards and are less than two hundred (200) feet from any residential zone; and/or(b)    Are oriented towards and are less than four hundred (400) feet from a major arterial with more than fifteen thousand (15,000) vehicle trips per day.f.    When glare diagrams are required, the responsible official may require modification of the plans to mitigate adverse impacts, using methods including but not limited to the following:(1)    Minimizing the percentage of exterior facade that is composed of glass;(2)    Using exterior glass of low reflectance;(3)    Tilting glass areas to prevent glare which could affect arterials, pedestrians or surrounding structures;(4)    Alternating glass and nonglass materials on the exterior facade; and(5)    Changing the orientation of the structure.5.    Outdoor Storage Standards.a.    All storage areas (including but not limited to areas used to store raw materials, finished and partially finished products and wastes) shall be screened from public rights-of-way to the L3 standard.b.    Outdoor storage is prohibited:(1)    In floodways;(2)    On slopes greater than fifteen percent (15%);(3)    In parking stalls required by Chapter 40.340;(4)    In areas where outdoor storage or display causes traffic or pedestrian circulation problems as determined by the responsible official or where a minimum five (5) foot wide walkway does not remain clear and free of obstructions;(5)    If any materials would likely attract animals, birds or vermin;(6)    In fire lanes; and(7)    In areas where outdoor storage may have the potential to create polluted stormwater runoff without proper containment or treatment prior to collection in the designated stormwater facility.c.    The applicant shall demonstrate that both outdoor storage and the screening for outdoor storage are in the appropriate locations on the site to minimize impacts, given the operational practices of the facility.6.    Vibration. Site generated ground vibrations shall not be perceptible by a person of ordinary sensitivity without instruments, at any point of any boundary line of the property. Vibrations from temporary construction activities and vehicles that leave the property (such as trucks, trains, airplanes and helicopters) are excluded.7.    Electromagnetic Interference. Electric fields and magnetic fields shall not be created that adversely affect the normal operation of equipment or instruments or normal radio, telephone, or television reception from off the premises where the activity is conducted. This section does not apply to telecommunication facilities which are regulated by the Federal Communications Commission under the Federal Telecommunication Act of 1996 or its successor.(Amended: Ord. 2012-12-14; Ord. 2015-11-24; Ord. 2016-04-03)

A.    Purpose.    The purpose of the Public Facilities district (PF) is to provide for already developed publicly owned parks, open space, and public facilities that are located permanently in a specific location, such as governmental facilities including, but not limited to, police buildings, fire stations, municipal administration buildings and wastewater treatment plants.1.    The Public Facilities zone has no development standards because these types of facilities are developed under the previous zoning.2.    New public facilities on land not yet zoned Public Facilities shall be developed according to the     standards of the current zone.3.    Once a vacant property is developed as a public facility, the property will be rezoned as a docket item.4.    New uses and additions to uses on property that is already zoned Public Facilities shall conform to the standards of the zone that existed immediately prior to development.5.    Any parcels released from the Public Facilities district shall be subject to legal lot determination standards, as are all unplatted parcels in Clark County.(Amended: Ord. 2018-01-01; Ord. 2020-03-08)B.    Uses.    The uses set out in Table 40.230.090-1 are examples of uses allowed in the Public Facilities district. The appropriate review authority is mandatory.•    “P” – Uses allowed subject to county approval of applicable permits.•    “R/A” – Uses permitted upon review and approval pursuant to Section 40.520.020.•    “C” – Conditional uses which may be permitted subject to the approval of a conditional use permit as set forth in Section 40.520.030.•    “X” – These uses are specifically prohibited.    For special standards or restrictions for a listed use, the applicable code section(s) in Chapter 40.260, Special Uses and Standards, or other applicable chapter is noted in the “Special Standards” column.1 Uses will develop per the standards and processes of the current zone prior to development. New uses and additions to uses on property that is already zoned Public Facilities shall conform to the standards of the zone that applied to that property immediately prior to development.(Amended: Ord. 2016-06-12; Ord. 2018-01-01; Ord. 2020-03-08)

The purpose of these regulations is to protect and provide for the enhancement of the scenic, cultural, recreational, and natural resources of the Columbia River Gorge, and to protect and support the economy of the Columbia River Gorge by allowing future economic development in a manner that enhances the scenic, cultural, recreational, and natural resources of the Gorge. These regulations are intended to be consistent with and implement the Management Plan for the Columbia River Gorge National Scenic Area (CRGSNA) adopted and amended by the Columbia River Gorge Commission. These regulations shall only apply to lands within the Clark County area within the National Scenic Area. If the provisions of this chapter differ from state law then the provisions of this chapter shall prevail. If conflicts occur between Chapter 40.240 and other Title 40 provisions, Chapter 40.240 shall prevail as to lands within the National Scenic Area, except when conflicts arise between buffer and/or riparian zone width requirements in Chapters 40.240 and 40.445, the broadest buffer and/or riparian zone width shall be required. The provisions of Chapter 40.240 shall provide the minimum protection of natural resources. Additional requirements providing greater levels of natural resources protection, pursuant to provisions of Chapter 40.445, shall be imposed.A.    Area Affected.1.    Chapter 40.240 shall:a.    Apply to all lands in Clark County, Washington within the Columbia River Gorge National Scenic Area as designated by the Columbia River Gorge National Scenic Area Act as may be amended;b.    Apply to all unincorporated lands within the National Scenic Area; andc.    Be applied by Clark County to the National Scenic Area within incorporated lands where authorized by state or federal law. Administration and enforcement of these incorporated areas may be subject to interlocal agreement between Clark County and the city of Washougal.2.    Those portions of Chapter 40.240 and any amendments thereto pertaining to the General Management Area (GMA) become effective once the Columbia River Gorge Commission finds it consistent with the Management Plan for the CRGNSA. Those portions of Chapter 40.240 and any amendments thereto pertaining to the Special Management Area (SMA) become effective when the Secretary of Agriculture concurs on the ordinances adopted by Clark County.B.    Review and Approval Required.    No building, structure or land shall be used and no building or structure shall be hereafter erected, altered or enlarged, including those proposed by state or federal agencies, in the Clark County portion of the Columbia River Gorge National Scenic Area except for the uses listed in this chapter, when considered under the applicable procedural and substantive guidelines of this chapter.C.    Uniform Application of Management Plan.1.    The Management Plan shall be applied consistent with and in the spirit of the National Scenic Area Act.2.    The Gorge Commission, Forest Service, and counties should strive to apply Management Plan provisions uniformly throughout the National Scenic Area, except when a county has adopted a more restrictive provision.3.    In applying provisions of the Management Plan, the Gorge Commission and Forest Service may consider, but shall not be constrained by, county interpretations, state interpretation and application of state law and administrative regulations, or judicial decisions that do not directly involve the Management Plan.4.    In reviewing and revising the Management Plan in 2020, the Gorge Commission and Forest Service used Webster’s Third New International Dictionary, unabridged (2002) for undefined terms. When interpreting the Management Plan and land use ordinances implementing the Management Plan, the Gorge Commission will use Webster’s Third New International Dictionary, unabridged (2002) for undefined terms. For terms that do not appear in this dictionary, the Gorge Commission will first consider the online (free) version of Merriam-Webster unabridged (currently at https://unabridged.merriam-webster.com/). For terms that do not appear in the online (free) version, the Gorge Commission will consider other available dictionaries.(Amended: Ord. 2006-05-04; Ord. 2006-08-21; Ord. 2021-12-02)

A.    All lands within the Clark County area lying within the Columbia River Gorge National Scenic Area shall carry a zoning map designation, and identical Comprehensive Plan map designation of one (1) of the following categories, as delineated on the adopted Clark County Columbia River Gorge National Scenic Area Zoning and Comprehensive Plan maps:1.    General Management Area (GMA):a.    Gorge Large-Scale Agriculture 80 (GLSA-80);b.    Gorge Large-Scale Agriculture 40 (GLSA-40);c.    Gorge Small-Scale Agriculture 20 (GSSA-20);d.    Gorge Small Woodland 20 (GSW-20);e.    Gorge Small Woodland 40 (GSW-40);f.    Gorge Open Space (GOS);g.    Gorge Residential 5 (GR-5);h.    Gorge Residential 10 (GR-10); ori.    Gorge Public Recreation (GPR).2.    Special Management Area (SMA):a.    Gorge SMA Agriculture (GSAG);b.    Gorge SMA Forest (GSFF); orc.    Gorge SMA Open Space (GSOS).B.    In addition, Columbia River Gorge National Scenic Area Management Plan maps for landscape settings and recreation intensity classes shall be used for limited regulatory purposes where referred to in this chapter. All maps listed shall be made available at the offices of the Clark County Community Development Department in Vancouver, Washington, and the Columbia River Gorge Commission in White Salmon, Washington.(Amended: Ord. 2006-05-04)

Clark County may initiate and complete changes to this chapter or associated map designations as follows, to be reviewed under procedures specified under Chapter 40.500:A.    Scrivener errors, spelling and numbering corrections may be undertaken administratively by county staff.B.    Minor textual alterations may be undertaken by Clark County through a Type IV legislative action under Section 40.510.040 upon a finding that such changes are consistent with the CRGNSA General Management Plan. Such alterations shall require subsequent approval by the Columbia River Gorge Commission, and the U.S. Secretary of Agriculture for alterations in the SMA, before taking effect.C.    Minor and major textual and map alterations may be undertaken by Clark County through a Type IV legislative action under Section 40.510.040 in response to changes in the CRGNSA General Management Plan and/or other actions by the Columbia River Gorge Commission authorizing such alterations.D.    Individuals seeking major textual and map changes requiring a change to the General Management Plan are encouraged to contact the Columbia River Gorge Commission to complete such changes before seeking corresponding changes within this chapter. Any changes to the zoning map’s designations shall require corresponding changes to the Comprehensive Plan map, and shall be considered major changes.(Amended: Ord. 2006-05-04; Ord. 2021-12-02)

As used in this chapter, unless otherwise noted, the following words and their derivations shall have the following meanings. The definitions do not apply to areas of Clark County outside of the Columbia River Gorge National Scenic Area.(Amended: Ord. 2006-05-04; Ord. 2021-12-02)

A.    Application for Review and Approval.1.    Applications received under this chapter shall be reviewed as Type II procedures specified in Section 40.510.020, except where specified otherwise herein.2.    Prior to initiating any use or development which requires review and approval by the responsible official or examiner, an application shall be completed pursuant to this section. The responsible official shall accept and review the application pursuant to Sections 40.240.050(C) through 40.240.400 for consistency with the appropriate guidelines of this rule. Review of a proposed use or development shall commence upon the acceptance of an application by the responsible official. The responsible official will charge a fee for review of applications.3.    Standard application forms shall be available at Clark County and Columbia River Gorge Commission offices.4.    An application for permit review within the Columbia River National Scenic Area shall submit eight (8) individually bound copies of the following materials unless a lesser number is specified:a.    The original application form provided by the planning responsible official shall be completed and signed by the applicant;b.    The pre-application conference summary and a description of information submitted in response to the pre-application conference;c.    The following maps of the GIS development packet (as available from the Community Development Department):(1)    General location map;(2)    Elevation contours map;(3)    Aerial photography map (most recent year available from the Community Development Department);(4)    Aerial photography with contours;(5)    Current zoning map;(6)    Current comprehensive plan map;(7)    Map of C-Tran bus routes, park and trails;(8)    Water, sewer and storm systems map;(9)    Soil type map;(10)    Environmental constraints map; and(11)    Assessor’s quarter-section map;d.    A narrative explaining how the application meets or exceeds each of the applicable approval criteria and standards, and issues identified in the pre-application conference, including the minimum area and dimensions of the base zone and a general description of how services will be provided to the site:(1)    The applicant shall provide conceptual elevation drawings for the proposed structures and a description of the height, shape, color, building materials, exterior lighting and landscaping materials. The drawings shall include the appearance of proposed buildings when built and surrounding final grades (see Section 40.240.800). The applicant shall provide a list of key viewing areas from which the proposed use or development would be visible. If the applicant feels the site is not visible from any key viewing areas the applicant shall demonstrate this;(2)    If the site is visible from any key viewing area, the applicant is encouraged to provide photographs from the key viewing area toward the building site with balloons or other siting device to verify visual subordination. Photographs can also be used to verify the site is not visible from any key viewing area, if that is the case;(3)    The height of buildings is required in the applications, even if the site is not visible from a key viewing area;(4)    The applicant shall address all applicable criteria outlined in Section 40.240.800;e.    Information necessary to demonstrate that the subject lot(s) has been created legally:(1)    Prior county short plat, subdivision, lot determination or other written approvals, if any, in which the parcel was formally created or determined to be a legal lot; or(2)    Sales or transfer of deed history, dating back to 1969, or a condition satisfying subsection (A)(4)(e)(1) of this section, to include copies of recorded deeds and/or contracts verifying the date of creation of the parcel in chronological order with each deed identified with the assessor’s lot number;f.    A proposed plan drawn to scale. The scale of the plan shall be large enough to allow the responsible official to determine the location and extent of the proposed use or development and evaluate its effects on scenic, cultural, natural, and recreation resources. The map shall be prepared at a scale of one (1) inch equals two hundred (200) feet (1:2,400), or a scale providing greater detail. The plan shall clearly depict the following information:(1)    General Information.(a)    Applicant’s name, mailing address and phone number;(b)    Owner’s name and mailing address;(c)    Contact person’s name, address and phone number;(d)    North arrow (oriented to the top, left or right of the page), scale and date;(e)    Proposed name of project;(f)    Vicinity map covering one-quarter (1/4) mile radius from the development site; and(g)    Area of the site in acres or square feet;(2)    Existing Conditions. (For purpose of fully complete determination, only those existing conditions that are shown on the GIS map, known by the applicant or are discussed in the pre-application conference summary must be included on the proposed plan.)(a)    Environmental. On or within one hundred (100) feet of the site:(i)    Topography (at two (2) foot contour intervals if available from a public source) including any significant terrain features or landforms;(ii)    Watercourses (streams, rivers, etc.) with thread of stream surveyed for all on-site watercourses;(iii)    Areas prone to flooding;(iv)    FEMA designated floodplains, flood fringe, or floodway;(v)    Water bodies and known wetlands;(vi)    Wetland delineation and assessment study for all on-site wetlands, four (4) copies of study required;(vii)    Any unstable slopes and landslide hazard areas;(viii)    Geotechnical report for all unstable slopes or landslide hazard areas on the site;(ix)    Significant wildlife habitat or vegetation; and(x)    Significant historic, cultural or archaeological resources;(b)    Land Use and Transportation.(i)    Boundaries, dimensions and size (acres or square feet) of the subject parcel(s);(ii)    Location and size of existing building(s) and structures on the site and their use;(iii)    Location of existing services, including power and telephone poles and lines, and outdoor lighting, and location and width of existing easements for access, drainage, utilities, etc.;(iv)    Name, location and width of existing rights-of-way;(v)    Name, location, width and surfacing materials (e.g., gravel, asphalt or concrete, etc.) of existing roads, driveways, trails and easements (private and public);(vi)    Location of existing driveways and those driveways across the street to include distance between driveways and roadways (centerline to centerline);(vii)    Location and width of existing pedestrian and bicycle facilities on and within one hundred (100) feet of the site; and(viii)    Transit routes and stops within one-quarter (1/4) mile of the development site;(c)    Water and Sewer. Make a note on the plan indicating the following:(i)    Location of and direction to the nearest fire hydrant;(ii)    Location of existing sewage disposal systems and wells or other water supplies on the site; and(iii)    Location of existing sewage disposal systems and wells or other water supplies within one hundred (100) feet of the site (as available from the health department);g.    Proposed Improvements.(1)    Environmental.(a)    Wetland, stream, steep bank buffer areas/protected areas; and(b)    Planned enhancement areas.(2)    Land Use and Transportation.(a)    Dimensions of all proposed easements;(b)    Location (i.e., dimensions from property lines) of any existing buildings to remain on the site to include square footage. For all structures include the number of stories, construction type (e.g., metal, wood, concrete block, etc.) and proposed uses;(c)    Setbacks from property lines shall be shown on the site plan;(d)    Location and width of all road rights-of-way;(e)    Location width (e.g., curb to curb distance) and surface material of all proposed roadways (private or public), provided by drawing or note and typical cross-section (from county road standards);(f)    Location of all road segments in excess of fifteen percent (15%) grade that are either on the site or within five hundred (500) feet of the site which are being proposed for site access;(g)    Location, width, estimated grade and surface material of off-site roads which will provide access to the site within five hundred (500) feet of the site;(h)    Location and width of existing and proposed roads, driveways and trails, including for corner lots and driveways where sight distance standards cannot be met;(i)    Sight distance triangles where sight distance standards cannot be met;(j)    Location and width of proposed pedestrian and bicycle improvements other than those in standard locations within road rights-of-way;(k)    Location of existing and proposed services, including wells or other water supplies, sewage disposal systems, power and telephone poles and lines, and outdoor lighting, and location and width of proposed easements for access, drainage, utilities, etc. (provided by drawing or note);(l)    Location and size of existing and proposed structures including square feet;(m)    Architectural drawings and sketches, indicating floor plan, elevation, types of materials and colors, and type of construction per the International Building Code;(n)    Narrative on proposed uses, hours of operation, frequency of truck deliveries, and construction schedule;(o)    Location, dimensions and number of off-street parking and loading areas;(p)    Sign plan; and(q)    Location and dimensions of recyclable and solid waste storage areas;(r)    Location and depth of all proposed grading and ditching.(3)    Landscape Plan.(a)    Location, number, species, size at planting, and spacing of trees and other vegetation proposed to be planted on the parcel;(b)    Location, number, species and size of existing trees and other vegetation on the parcel to be removed and/or retained;(c)    The location, type (such as sod, groundcover or shrub mass) and area (in terms of square feet and percentage of site) of all soft landscaped areas and buffers;(d)    Location, height and materials of fences, buffers, berms, walls and other methods of screening;(e)    Surface water management features integrated with landscape, recreation or open space areas;(f)    Location, size and construction type of hard landscaping features such as pedestrian plazas;(g)    Active or passive recreational or open space features;(h)    Final site contours; and(i)    The location of all fire hydrants;h.    A preliminary stormwater plan pursuant to Section 40.386.030;i.    A proposed phasing plan (if any proposed) to include transportation and water quality improvements;j.    A transportation impact study, if required, pursuant to Chapter 40.350;k.    A utility review from the public sewer purveyor or one (1) copy of a preliminary soil suitability analysis, or equivalent for on-site systems from the health department;l.    A utility review from the public water purveyor, noting the ability to meet water pressure and fire flow requirements of the fire marshal or current evidence of the availability of suitable groundwater where water purveyor has determined public water or community water systems cannot be provided;m.    A completed State Environmental Policy Act (SEPA) checklist;n.    Applications necessarily associated with the Gorge Permit review, to the extent applicable, for variances to dimensional requirements of the base or overlay zones, for wetland and habitat permits, and for modifications to the road standards in Chapter 40.350;o.    Any and all existing covenants or restrictions and easements that apply to the property;p.    The corners of each proposed building should be staked and flagged at the time of application;q.    Appropriate protections of the streams that are on the property need to be taken in accordance with Chapter 40.445 and Section 40.240.840;r.    A forest practice application is required for any commercial removal of trees from the property;s.    In the SMA, applications and/or site plans shall contain the natural resources information required in Section 40.240.880;t.    Any additional information that the applicant feels will assist in the evaluation of the proposal including, but not limited to, maps, drawings, and development plans;u.    The signature of the applicant and property owner or a statement from the property owner indicating that he is aware of the application being made on his property;v.    The signature of the property owner on a statement that authorizes the responsible official or the responsible official’s designee reasonable access to the site in order to evaluate the application.5.    Applications for the following uses or developments shall include additional information as required by the pre-application staff report or by the responsible official:a.    All buildings, roads, or mining and associated activities proposed on lands visible from key viewing areas, pursuant to Section 40.240.800;b.    In the GMA, production and/or development of mineral resources and expansion of existing quarries pursuant to Section 40.240.285;c.    In the GMA, all proposed structural development on sites visible from key viewing areas and involving more than two hundred (200) cubic yards of grading, regardless of slope, shall require a grading plan, pursuant to Section 40.240.800(B)(21);d.    In the GMA, all applications for structural development involving more than one hundred (100) cubic yards of grading with slopes greater than ten percent (10%) shall require a grading plan pursuant to Section 40.240.800(B)(21);e.    In the SMAs, all applications for structural development involving more than one hundred (100) cubic yards of grading with slopes greater than ten percent (10%) (except trails) shall include a grading plan pursuant to Section 40.240.800(B)(21);f.    Elevation drawings shall show the appearance of proposed structures and shall include natural grade, finished grade, and the geometrical exterior of at least the length and width of structures as seen from a horizontal view. Elevation drawings shall be drawn to scale, pursuant to Section 40.240.800(B)(21);g.    In the GMA, vegetation management projects in public rights-of-way along scenic travel corridors, pursuant to Section 40.240.800(D)(4);h.    Large-scale uses as listed in Section 40.240.820(A)(3)(c) shall include reconnaissance survey reports, pursuant to Sections 40.240.820(A)(3)(f) and (g);i.    Proposed uses that would alter the exterior architectural appearance of buildings and structures that are fifty (50) years old or older, or would compromise features of the surrounding area that are important in defining the historic or architectural character of buildings that are fifty (50) years old or older, pursuant to Section 40.240.820(A)(3)(h)(3);j.    In the GMA, new uses located in or providing recreational access to the Columbia River or its fishbearing tributaries, pursuant to Section 40.240.180(A)(1);k.    In the GMA, any review use in a wetland or within a wetland buffer zone, pursuant to Section 40.240.840(A)(2);l.    In the GMA, any review use in a stream, pond, lake, or within their buffer zones, pursuant to Section 40.240.840(C);m.    In the GMA, any review use within one thousand (1,000) feet of a sensitive wildlife area or site, pursuant to Section 40.240.860(A)(3). Large-scale uses as listed in Section 40.240.860(C) shall also include field survey information, pursuant to Section 40.240.860(C)(6);n.    In the GMA, any review use within one thousand (1,000) feet of a rare plant, pursuant to Section 40.240.870(A)(2). Large-scale uses as listed in Section 40.240.870(C) shall also include field survey information pursuant to Section 40.240.870(C)(6);o.    In the GMA, on lands zoned Gorge Large-Scale Agriculture, a single-family dwelling in conjunction with agricultural use, pursuant to Section 40.240.430(A)(9), and if applicable, Section 40.240.430(A)(10);p.    In the GMA, on lands zoned Gorge Large-Scale Agriculture, a single-family dwelling not in conjunction with agricultural use, pursuant to Section 40.240.430(A)(15);q.    In the GMA, on lands zoned Gorge Large-Scale Agriculture, a single-family dwelling for an agricultural operator’s relative, pursuant to Section 40.240.430(A)(11);r.    In the SMA, on lands zoned Gorge Forest or Agriculture, a single-family dwelling, pursuant to Section 40.240.510(B)(10);s.    In the SMA, on lands zoned Gorge Forest or Agriculture, forest practices, pursuant to Section 40.240.510(B);t.    In the SMA, on lands zoned Agriculture or Forest, clearing trees for new agricultural use, pursuant to Section 40.240.510(B)(24);u.    In the SMA, on lands designated Open Space, any new use or development, pursuant to Section 40.240.600;v.    In the SMA, on lands zoned Gorge Agriculture or Forest, a single-family dwelling necessary and accessory to agricultural use, pursuant to Section 40.240.430;w.    In the SMA, on lands zoned Gorge SMA Agriculture or Forest, farm labor housing and agricultural buildings, pursuant to Section 40.240.430(B)(4);x.    In the GMA, on lands zoned Gorge Small Woodland, a single-family dwelling pursuant to Section 40.240.510(A)(1);y.    In the GMA, on lands zoned Gorge Small Woodland, a single-family dwelling in conjunction with agricultural use pursuant to Section 40.240.430(A)(8);z.    In the GMA, on lands zoned Gorge Woodland, agricultural labor housing, pursuant to Section 40.240.510(A)(16); andaa.    Other uses as deemed necessary by the responsible official.6.    Completed application forms shall be submitted directly to the Community Development Department.7.    The requisite fee shall accompany the application.(Amended: Ord. 2007-11-13; Ord. 2009-01-01; Ord. 2015-11-24; Ord. 2018-01-09)B.    Pre-Application Conference.    Within the Columbia River Gorge National Scenic Area pre-application conferences shall be mandatory for land use proposals requiring Type II or Type III review pursuant to Section 40.510.020 or 40.510.030. The purposes of the conference shall be to acquaint the applicant with the substantive and procedural requirements of this chapter, to discuss the principal elements of the proposed action, and to identify guidelines that create opportunities or pose constraints for the proposed action.C.    Contingent Vesting of Applications.    An application that is subject to pre-application review shall earlier contingently vest on the date a complete pre-application is submitted. Contingent vesting shall become final if a fully complete application for substantially the same proposal is submitted within one hundred eighty (180) calendar days of the date the responsible official issues a written summary of pre-application review pursuant to Section 40.510.030(A)(4). D.    Acceptance of Application.    The responsible official shall review the application for completeness and adequacy within the time frame pursuant to Chapter 40.510. To determine that an application is fully complete refer to Section 40.240.050(A), Application for Review and Approval. Additional submittals additional to Section 40.240.050(A) may be required through reference in the pre-application report.1.    No application shall be accepted until all documented omissions and deficiencies have been corrected by the applicant. The responsible official shall notify the applicant of all omissions and deficiencies in writing within the time frame pursuant to Chapter 40.510.2.    No application shall be accepted which the responsible official deems cannot be acted upon reasonably within the time frame pursuant to Chapter 40.510, except when the applicant consents to a longer period for action.3.    No application shall be accepted unless accompanied by a list of names and addresses of the adjacent property owners within five hundred (500) feet of the subject parcel. A statement from the County Assessor or appropriate agency confirming the accuracy of the list shall accompany the list.4.    No application for a proposed use which is explicitly prohibited by Section 40.240.110 shall be accepted.a.    The application shall be returned to the applicant.b.    A letter, signed by the responsible official, stating that the proposed use is prohibited and citing the guideline which explicitly prohibits the proposed use, shall be sent to the applicant.c.    Issuance of this letter shall not prohibit the applicant from appealing this administrative decision pursuant to this title.(Amended: Ord. 2006-08-21)E.    Notice of Development Review.1.    Notice of development review shall be issued pursuant to Section 40.510.020(E) or 40.510.030(E), and shall provide the following information:a.    The notice shall state that the application and supporting documents are available for inspection at Clark County and Gorge Commission offices during normal working hours.b.    The notice shall state the applicant must comply with all applicable local, state and federal laws.c.    The notice sent to governments of the four (4) Columbia River Treaty Tribes shall request comments, recommendations, or concerns relating to the protection of treaty rights, including rights to access, hunt, fish, and gather. The notice shall include a site plan and also may include supplemental information and a proposed treaty rights protection plan.2.    The notice shall be sent to:a.    The Forest Service, Washington Department of Fish and Wildlife, Columbia River Gorge Commission, governments of the four (4) Columbia River Treaty Tribes, and the applicable city, and local library, and any other party that has requested notice; andb.    The Washington Department of Natural Resources Natural Heritage Program, if the responsible official or the Columbia River Gorge Commission or its staff determines that such notice is warranted; provided, that if the Columbia River Gorge Commission or its staff determines that such notice is warranted, it shall forward notice to the Heritage Program; andc.    As determined by Section 40.510.020(E) for Type II applications or Section 40.510.030(E) for Type III applications.3.    In addition to notice, fully complete application packets shall be routed to the Gorge Commission and any other party that has requested a fully complete application.F.    Comment Period.    Interested persons shall have fifteen (15) working days from the date which the notice is sent to submit written comments to the responsible official relative to the consistency of the proposed actions with the guidelines of this chapter. Comments received from a tribal government at any time during the responsible official’s or examiner’s review of a proposed development or use shall be considered to ensure that the proposed development or use does not affect or modify the treaty or other rights of that tribe. 1.    Within seven (7) days of the close of the comment period, the responsible official shall determine if a wildlife management plan pursuant to Section 40.240.860(F) or a rare plant protection and rehabilitation plan pursuant to Section 40.240.870(F) is required.2.    For proposed uses or developments where a cultural resources survey (reconnaissance or historic) is required and where the Commission is performing the survey, the survey shall be completed by the close of the comment period. Upon receipt of the completed survey, the responsible official shall forward the survey to the State Historic Preservation Officer (SHPO), and Indian Tribes pursuant to Sections 40.240.820(A)(2) and (B)(2)(a).3.    Within seven (7) days of the close of the thirty (30) day reconnaissance survey comment period for SHPO and Indian Tribes, the responsible official shall determine if an evaluation of significance pursuant to Section 40.240.820(C) is required.G.    Administrative or Examiner’s Decisions.1.    For a proposed use or development, the responsible official or examiner shall:a.    Consult with the applicant and such agencies as the responsible official deems appropriate;b.    Consider information submitted by the applicant and all other relevant information available; andc.    Consider all comments submitted pursuant to Section 40.240.050(F), and provide notice and consider the comments of the Forest Service and Columbia River Gorge Commission. The absence of timely comments of any parties provided notice shall not automatically preclude the issuance of an administrative or examiner’s decision.2.    The responsible official or examiner shall approve a proposed use or development only if it is consistent with the standards of this chapter and other applicable regulations. In approving a proposed development action, the responsible official may impose conditions as necessary to ensure consistency with this chapter. Conditions attached to approval of a proposed development action shall be recorded in county deeds and records to ensure notice of the conditions to successors in interest. The administrative or examiner’s decision shall include this requirement.3.    The administrative or examiner’s decision on a proposed use or development shall include findings of fact and conclusions of law and any conditions to ensure consistency with the standards of this chapter and other applicable regulations within the time frame pursuant to Section 40.510.020(F) or 40.510.030(F) except in one (1) or more of the following situations:a.    The applicant consents to an extension of time;b.    The responsible official or examiner determines that additional information is required pursuant to Section 40.240.050(A);c.    The responsible official or examiner determines that additional information is necessary to evaluate the impacts of the proposed use to scenic, cultural, natural, and recreation resources; ord.    Unforeseen circumstances including, but not limited to, weather or illness.4.    The responsible official shall send a copy of the administrative or examiner’s decision to the applicant, the Commission, the Forest Service, the applicable state, the four (4) tribal governments, the applicable county and city and each person who submitted comments pursuant to subsection (F) of this section. The administrative or examiner’s decision shall set forth the rights of appeal under Section 40.510.020(H) or 40.510.030(I).5.    The administrative or examiner’s decision shall be dispositive unless a notice of appeal is filed in accordance with this title.6.    The administrative or examiner’s decision approving a proposed development action shall become void:a.    When the development action is not undertaken within two (2) years of the administrative or examiner’s decision; orb.    When the development action is discontinued for any reason for one (1) year or more.7.    An applicant may request an extension of the validity of a development approval. Such request shall be considered an administrative action and shall be submitted to the responsible official prior to the expiration of such approval, in writing, stating the reason why an extension should be granted.8.    The responsible official may grant an extension of up to twelve (12) months in the validity of a development approval if it is determined that conditions, for which the applicant was not responsible, would prevent the applicant from commencing operation within the original time limitation. The responsible official shall not grant an extension if the site characteristics or new information indicate that the proposed use may adversely affect scenic, cultural, natural or recreation resources in the National Scenic Area.9.    The development approval timelines in this section shall take precedence over the development approval timelines in Section 40.500.010(B).H.    Standards for Applications and Expirations of Approvals.1.    Standards for Applications – Complete Application Required. Any proposed use, development or structure shall be reviewed according to the standards in effect on the date an applicant submitted a complete land use application to the reviewing agency. A complete application is one that the reviewing agency determines meets the Management Plan’s requirements for: a.    A complete application form;b.    A complete site plan showing the proposed site (site plans with alternative sites or building envelopes are not sufficient); andc.    All applicable information specified in the parts of the Management Plan titled Resource Protection and Enhancement, Land Use Designations, and Administration. Incomplete applications shall not be reviewed.2.    Expirations of Approvals.a.    Notice Not Required. Expiration of any land use approval issued pursuant to this Columbia River Gorge National Scenic Area (Management Plan) shall be automatic. Failure to give notice of expiration shall not affect the expiration of a land use approval.b.    Land Use Approvals without Structures. Any land use approval issued pursuant to the Management Plan for a use or development that does not include a structure shall expire two (2) years after the date the land use approval was granted, unless the use or development was established according to all specifications and conditions of approval in the land use approval. For land divisions, “established” means the final deed or plat has been recorded with the county recorder or auditor.c.    Land Use Approvals with Structures. Any land use approval issued pursuant to the Management Plan for a use or development that includes a structure shall expire as follows:(1)    When construction has not commenced within (2) two years of the date the land use approval was granted; or(2)    When the structure has not been completed within (2) two years of the date of commencement of construction.d.    Commencement of Construction. As used in subsection (H)(2)(c)(1) of this section, “commencement of construction” shall mean actual construction of the foundation or frame of the approved structure. For utilities and development without a frame or foundation, “commencement of construction” shall mean actual construction of support structures for an approved aboveground utility or development or actual excavation of trenches for an approved underground utility or development. For roads, “commencement of construction” shall mean actual grading of the roadway.e.    Completion of Structure. As used in subsection (H)(2)(c)(2) of this section, “completion of the structure” shall mean:(1)    Completion of the exterior surface(s) of the structure; and (2)    Compliance with all conditions of approval in the land use approval.f.    Extension of Validity of Land Use Approvals. A request for extension of the time frames in subsections (H)(2)(b), (c)(1) or (c)(2) of this section shall be submitted in writing before the applicable expiration date.(1)    A reviewing agency may grant one (1) twelve (12) month extension to the validity of a land use approval if it determines that events beyond the control of the applicant prevented commencement of the use or development (applicable to subsection (H)(2)(b) of this section) or commencement of construction (applicable to subsection (H)(2)(c)(1) of this section) within the original two (2) year time frame.(2)    An agency may also grant one (1) twelve (12) month extension if it determines that events beyond the control of the applicant prevented completion of the structure (applicable to subsection (H)(2)(c)(2) of this section) within the original two (2) year time frame.(3)    A request for extension shall state the reason why events beyond the control of the applicant warrant an extension.(4)    Approval or denial of a request for extension shall be considered an administrative decision.I.    Appeal Process.    Appeals will be handled pursuant to Section 40.510.020(H) for Type II applications or Section 40.510.030(I) for Type III applications.J.    Changes or Alterations to an Approved Action.    Any change or alteration to a development action approved by the Commission or responsible official pursuant to this rule shall be processed as new action, except that the responsible official may approve minor changes or alterations deemed to be consistent with the guidelines of this chapter and the findings and conclusions for the original action. If the responsible official approves a minor change, the Director shall notify all of the parties that would have standing to appeal the change, including the applicant, the Forest Service, the four (4) Indian tribal governments, the county planning department, and anyone who submitted comments during the comment period on the original land use application. The change itself (not the original administrative or examiner’s decision) is subject to appeal under the same time frames applicable to the original administrative or examiner’s decision.(Amended: Ord. 2006-05-04; Ord. 2021-12-02)

A.    Development Eligible for Expedited Review.    The following development may be reviewed using the expedited development review process, provided they comply with the resource protection and procedural guidelines contained in this section.1.    Except in Open Space, accessory structures between sixty (60) and two hundred (200) square feet in area and ten (10) feet or less in height. Only one (1) accessory building per parcel may be allowed under this guideline, regardless of whether the parcel already includes an accessory building(s). Additional accessory buildings shall be subject to full review. This category does not include signs, decks, fences, outdoor lights, retaining walls, transportation facilities, or utility facilities.2.    Additions and covered decks for existing buildings provided the existing building is at least five hundred (500) square feet in area and the addition or covered deck is no larger than two hundred (200) square feet in area and no taller than the height of the existing building. Only one (1) addition and one (1) covered deck per parcel may be allowed under this guideline, regardless of whether the parcel already includes an addition or covered deck.3.    Rail, solid or semi-solid fences accessory to existing dwellings less than or equal to six (6) feet in height and less than or equal to one hundred (100) feet in length.4.    Wire-strand fences other than those allowed outright, provided the fence complies with Section 40.240.860(G) if it is inside deer and elk winter range as delineated in the Gorge Commission and Forest Service natural resource data or determined by an appropriate federal or state agency.5.    In the GMA, woven-wire fences for agricultural use that would enclose eighty (80) acres or less.6.    Decks that are: a.    Uncovered; b.    Attached and accessory to existing dwellings; and c.    Five hundred (500) square feet or less in area and thirty (30) inches or less in height above existing grade.7.    Road closure gates.8.    Signs, other than those allowed outright.9.    Outdoor lights.10.    Air, weather, water and other similar research and monitoring facilities, provided the facilities are attached to existing structures or are less than or equal to one hundred twenty (120) square feet in size and less than or equal to twelve (12) feet in height.11.    Lot line adjustments in the GMA that would not result in the potential to create additional parcels through subsequent land divisions, pursuant to Section 40.240.380, except all lot line adjustments for parcels designated Open Space, Public Recreation, or Commercial Recreation shall be reviewed through the full development review process.12.    Lot line adjustments in the SMAs are subject to the SMA lot line adjustment standards of Section 40.240.380(B).13.    Removal/demolition of structures that are less than fifty (50) years old, including wells, septic tanks and fuel tanks.14.    Decommission nonpaved roads, including ripping the road surface, barriers, and revegetation.15.    Trail reconstruction involving up to one thousand (1,000) feet of trail re-routing.16.    The following transportation facilities, provided they are not a part of larger construction or reconstruction projects (which shall be reviewed as a whole):a.    New traffic barriers and guardrail ends, other than those allowed outright, and new wire-strand and woven-wire access control fences. This category does not include jersey barriers.b.    New traffic detection devices, vehicle weighing devices, and signal boxes less than or equal to one hundred twenty (120) square feet in size and less than or equal to twelve (12) feet in height. This category does not include signs.c.    Pave existing dirt and gravel roads; provided, that the activity does not increase the width of the road or disturb the toe of adjacent embankments, slopes or cut banks.d.    New weather, air, traffic or other monitoring equipment attached to existing structures or that are less than or equal to one hundred twenty (120) square feet in size and less than or equal to twelve (12) feet in height.17.    New underground utility facilities located inside road, utility or railroad rights-of-way or easements that have been disturbed in the past; provided, that (a) no ditch for linear facilities would be more than thirty-six (36) inches wide, and (b) no excavation for nonlinear facilities would exceed twenty (20) cubic yards.18.    The following aboveground and overhead utility facilities:a.    Modify existing aboveground and overhead utility facilities or develop new aboveground and overhead utility facilities including building and equipment foundations, poles, transformers, conduit, fencing, pumps, valves, pipes, and water meters; provided, that the development would be less than or equal to one hundred twenty (120) square feet in area and less than or equal to twelve (12) feet in height.b.    Replace existing aboveground and overhead utility facilities including building and equipment foundations, poles, transformers, conduit, fencing, pumps, valves, pipes, and water meters; provided, that the replacement facilities would be in the same location as and no more than fifteen percent (15%) larger than the physical size of the existing facilities.c.    New antennas and associated support structures necessary for public service on existing wireless communication poles and towers other than those allowed outright; provided, that the size is the minimum necessary to provide the service.19.    Replacing an existing mobile home in a mobile home space within a mobile home park; provided, that:a.    The mobile home to be replaced, the mobile home space and the mobile home park shall be existing, lawful uses according to the definition of existing use or structure and Sections 40.240.170(A) through (D);b.    The replacement mobile home shall be in the same location as the mobile home to be replaced; c.    The height of the replacement mobile home shall be no more than twenty percent (20%) greater than the mobile home to be replaced; andd.    The mass and footprint of the replacement mobile home shall be no more than one hundred percent (100%) greater than a single-wide mobile home to be replaced or no more than twenty-five percent (25%) greater than a double-wide mobile home to be replaced. 20.    Retaining walls accessory to existing dwellings less than or equal to two (2) feet in height and less than or equal to one hundred (100) feet in length.21.    In the SMAs, wind machines for frost control in conjunction with agricultural use.22.    Additions to existing buildings or structures that generate solar power for approved uses; provided, that the panels and hardware are nonreflective black or dark earth tone colors and do not increase the overall roof height. This category does not include freestanding solar arrays, which are subject to full review as new structures under the guidelines in “Renewable Energy Production” (Part II, Chapter 7: General Policies and Guidelines).(Amended: Ord. 2008-06-02)B.    Resource and Treaty Rights Protections Guidelines.    Proposed development reviewed using the expedited review process shall comply with the following resource protection guidelines:1.    Scenic Resources.a.    In the GMA, the scenic resource protection guidelines shall not apply to woven-wire fences for agricultural use that would enclose eighty (80) acres or less.b.    Except for signs, the colors of structures topographically visible from key viewing areas shall be dark earth tones found at the specific site or the surrounding landscape. The specific colors approved by the responsible official shall be included as a condition of approval. This guideline shall not apply to additions to existing buildings smaller in total area than the existing building, which may be the same color as the existing building.c.    Except for signs, structures topographically visible from key viewing areas shall use low or nonreflective building materials, including roofing, gutters, vents, and chimneys.d.    Any exterior lighting shall be directed downward and sited, limited in intensity, hooded, and shielded in a manner that prevents lights from being highly visible from key viewing areas and from noticeably contrasting with the surrounding landscape setting, except for road lighting necessary for safety purposes. Shielding and hooding materials shall be composed of nonreflective, opaque materials.e.    Signs shall comply with Section 40.240.300.f.    Structures within one-half (1/2) mile of a key viewing area and topographically visible from the key viewing area shall be sited, screened and designed to achieve the applicable scenic standard (e.g., visual subordinance, not visually evident).2.    Cultural Resources.a.    The expedited development review process shall only be used to review proposed development that does not require a reconnaissance survey or historic survey, pursuant to Sections 40.240.820(A)(3) and (4).b.    The GMA guidelines that protect cultural resources and human remains discovered during construction (Sections 40.240.820(F) and (G)) shall be applied as conditions of approval for all development approved under the expedited development review process.3.    Recreation Resources. The development shall not detract from the use and enjoyment of established recreation sites on adjacent parcels.4.    Natural Resources.a.    Water Resources (Wetlands, Streams, Ponds, Lakes, and Riparian Areas). The development is outside water resources and their buffer zones. This guideline shall not apply to lot line adjustments or development located inside road, utility or railroad rights-of-way or easements that have been previously disturbed and regularly maintained.b.    Sensitive Wildlife and Rare Plants.(1)    The development meets one (1) of the following:(a)    The development is at least one thousand (1,000) feet from known priority habitats or sensitive wildlife sites (excluding sensitive aquatic species, and deer and elk winter range) and known rare plants; or(b)    The development does not disturb the ground or is inside road, utility or railroad rights-of-way or easements or other areas that have been previously disturbed and regularly maintained; or(c)    For sensitive wildlife, the development is within one thousand (1,000) feet of known priority habitats or sensitive wildlife sites (excluding sensitive aquatic species, and deer and elk winter range), but an appropriate federal or state wildlife agency determines (1) the priority habitat or sensitive wildlife site is not active, or (2) the proposed development would not compromise the integrity of the priority habitat or sensitive wildlife site or occur during the time of the year when wildlife species are sensitive to disturbance;(d)    For rare plants, the development is within one thousand (1,000) feet of known rare plants, but the Washington Natural Heritage Program or a person with recognized expertise in botany or plant ecology hired by the applicant has determined that the development would be a least two hundred (200) feet from the rare plants.(2)    Development eligible for expedited review shall be exempt from the field survey requirements for sensitive wildlife (Section 40.240.860(C)) or rare plants (Section 40.240.870(C)).(Amended: Ord. 2008-06-02)C.    Treaty Rights Protection Guidelines.    Proposed development reviewed using the expedited review process shall comply with the following treaty rights guidelines:1.    Proposed development shall not affect or modify any treaty or other rights of any Indian tribe.2.    The expedited development review process shall cease and the proposed development shall be reviewed using the full development review process if a tribal government submits substantive written comments during the comment period that identify the treaty rights that exist in the project vicinity and explain how they would be affected or modified by the proposed development.3.    Except as provided in subsection (C)(2) of this section, the GMA and SMA treaty rights and consultation goals, policies and guidelines in Part IV, Chapter 3, Tribal Treaty Rights and Consultation, shall not apply to proposed developments reviewed under the expedited review process.D.    Procedure for Expedited Review Process.1.    Applications.a.    Prior to initiating any use or development, which requires review and approval by the responsible official or examiner, an application shall be completed pursuant to this section.b.    The responsible official shall accept and review the application pursuant to this section for consistency with the appropriate guidelines. c.    Standard application forms shall be available from the department, and shall be provided to the county offices for which this chapter is effective and the Forest Service.d.    Applications for uses eligible for expedited review shall include the information required for review uses listed in Section 40.240.050. They shall also include elevation drawings if the proposed development would be visible from a key viewing area. The drawing shall show natural grade and finished grade.2.    Acceptance of Applications. Applications shall be accepted pursuant to Section 40.510.020(A) through (C) or 40.510.030(A) through (C).3.    Notice of Development Review.a.    Within seven (7) days of the acceptance of an application, the responsible official shall issue notice of a proposed development review. The notice shall provide the following information:(1)    The name of the applicant;(2)    The general and specific location of the subject property;(3)    A brief description of the proposed action;(4)    The deadline for rendering an administrative or examiner’s decision; and(5)    The deadline for filing comments on the proposed action.b.    The notice shall state that the application and supporting documents are available for inspection at the county during normal working hours.c.    The notice shall state the applicant must comply with all applicable local, state, and federal laws.d.    The notice and a fully complete application packet shall be sent to the Gorge Commission, Forest Service, and the four (4) Columbia River treaty tribes. The notice shall be sent to applicable county or city planning office(s), libraries and other agencies and interested parties that request a notice or that the responsible official determines should be notified.4.    Comment Period. Any interested person or party shall submit written comments within ten (10) days from the date a notice is sent. Comments received by a tribal government at any time during the expedited review process shall be considered, to ensure that the proposed development or use does not affect or modify the treaty or other rights of that tribe. 5.    Written Administrative or Examiner’s Decision.a.    In making an administrative or examiner’s decision on a proposed use or development the responsible official or examiner shall:(1)    Consult with the applicant and such agencies as the responsible official deems appropriate;(2)    Consider information submitted by the applicant and all other relevant information available;(3)    Consider all comments submitted pursuant to Section 40.240.050; and(4)    Solicit and consider the comments of the Forest Service.b.    The responsible official shall approve a proposed use or development only if it is consistent with the standards applicable to the property that is subject to the proposed use or development and the purposes of the National Scenic Act.(1)    In approving a proposed development action, the responsible official or examiner may impose conditions as necessary to ensure consistency with the guidelines of this chapter.(2)    Conditions attached to approval of a proposed development action shall be recorded in county deeds and records to ensure notice of the conditions to successors in interest. The administrative or examiner’s decision shall include this requirement.c.    The responsible official or examiner shall issue an administrative or examiner’s decision on a proposed use or development including findings of fact and conclusions of law and any conditions to ensure consistency with standards applicable to the property that is subject to the proposed use or development and the purposes of the National Scenic Act within the timeframes outlined in Chapter 40.510.d.    The administrative or examiner’s decision shall be dispositive unless a notice of appeal is filed in accordance with Section 40.510.020(H) or 40.510.030(I). An applicant who chooses to proceed with an approved development during the appeal period shall assume all associated risks and liabilities.6.    Notice of Administrative or Examiner’s Decision and Opportunity to Appeal.a.    The responsible official shall send a copy of an administrative or examiner’s decision issued under the expedited review process to the four (4) tribal governments, the Gorge Commission, the Forest Service, and landowners within two hundred (200) feet of the perimeter of the subject parcel.b.    Any person wishing to appeal an administrative or examiner’s decision issued under the expedited review process shall do so pursuant to Section 40.240.050(I).7.    Expiration of Approvals. Approvals issued under the expedited review process shall expire in accordance with the standards for expiration of approvals for review uses in Section 40.240.050(H).8.    Changes or Alterations to an Approved Action. Changes or alterations to an approval issued under the expedited review process shall be made in accordance with the standards for changes or alterations to approved actions for review uses in Section 40.240.050(J).(Amended: Ord. 2006-05-04; Ord. 2006-08-21; Ord. 2021-12-02)

A.    General Guidelines.1.    Actions taken in response to an emergency/disaster event, as defined in Section 40.240.040, are allowed in all GMA/SMA land use designations, subject to the notification requirements in subsection (B)(1) of this section.2.    Following emergency/disaster response actions, best management practices (BMPs) to prevent sedimentation and provide erosion control shall be utilized whenever disaster response actions necessitate vegetation removal, excavation, or grading. BMPs may include but are not limited to: use of straw bales, slash windrows, filter fabric fences, sandbags, straw cover, jute netting, etc.3.    Structures or development installed or erected for a temporary use (e.g., sandbags, check dams, plastic sheeting, chain link fences, debris walls, etc.) shall be removed within one (1) year following an emergency event. If it can be demonstrated that the continued use of these devices is necessary to protect life, property, public services or the environment, an extension of no more than two (2) years may be granted by the responsible official or the Forest Service for federal agency actions.4.    The new exploration, development (extraction or excavation), and production of mineral resources, used for commercial, private or public works projects, shall not be conducted as an emergency/disaster response activity. 5.    No spoils resulting from grading or excavation activities shall be deliberately deposited into a wetland, stream, pond, lake or riparian area within the National Scenic Area as a part of an emergency/disaster response action. The only exception to this is for construction of a fire line during a wildfire, where avoiding the aquatic area or its buffer zone has been considered and determined to not be possible without further jeopardizing life or property. (Amended: Ord. 2006-08-21)B.    Notification Requirements.1.    Actions taken in response to an emergency/disaster event, as defined, are allowed in all GMA and SMA land use designations, subject to the following notification requirements:a.    Notification of an emergency/disaster response activity shall be submitted either within forty-eight (48) hours of the commencement of a response action, or by the next business day following the start of such an action, whichever is sooner. Notification shall be submitted by the party conducting an emergency/disaster response activity or their representatives. In the case of multiple responding parties, the first party to respond shall provide the required notification, unless, upon mutual agreement of responding parties, another responder elects to assume this responsibility.b.    Notification shall be submitted by mail, fax, telephone, e-mail or in person. If notification occurs by telephone, a hard copy of the notification shall be submitted by mail or in person within seven (7) days.c.    Notification shall be furnished to the responsible official or the Forest Service for federal agency actions. If the Forest Service is the action agency, it shall provide notice to the Gorge Commission.d.    At a minimum, the following information shall be required at the time of notification:(1)    Nature of emergency/disaster event;(2)    Description of emergency/disaster response activities and magnitude of response actions to be taken, if applicable (such as extent of earth movement, erection of structures, etc.);(3)    Location of emergency/disaster response activities;(4)    Estimated start and duration of emergency/disaster response activities; and(5)    Contact person and phone number for the parties conducting emergency/disaster response actions.e.    Repair and maintenance of an existing serviceable structure to its previously authorized and undamaged condition are not subject to the above referenced notification requirements.2.    Upon notification of an emergency/disaster response action, the responsible official, or Forest Service shall, as soon as possible:a.    Review its natural resource data and notify the contact person for the emergency/disaster response actions of all inventoried natural resource sites and their buffers, that are within or adjacent to the response area or that may be adversely affected by response activities;b.    Notify the Washington Department of Fish and Wildlife of all noticed emergency/disaster response actions, to provide that agency an opportunity to consult with responding agencies during the event; andc.    Notify the Forest Service, the Department of Washington Office of Archaeology and Historic Preservation, and the tribal governments of all emergency/disaster response activities. The Forest Service will review their cultural resource data and notify the contact person for the emergency/disaster response action as soon as possible of all inventoried cultural resource sites, or their buffers, that are within, or adjacent to, emergency/disaster response areas.3.    Upon notification of a response action, the Forest Service shall, as soon as possible, offer the services of a resource advisor to the agency(ies) conducting the response action. The resource advisor will provide on-site advice to minimize impacts to resources from emergency/disaster response actions.(Amended: Ord. 2006-08-21)C.    Post-Emergency/Disaster Response Development Review Application Requirements.1.    Within thirty (30) days following notification, a post-emergency/disaster response application shall be submitted by the party conducting the response action to the responsible official, or Forest Service for federal agency actions. In the case of an event with multiple responding parties, the party providing initial notification as required herein shall submit the application. An exception to this may occur if another responding party, by mutual agreement with the other respondents, elects to submit the application. Requests to extend this submittal deadline may be made in writing and shall include the reason why an extension is necessary. Extensions shall not exceed thirty (30) days in duration.2.    Post-emergency/disaster response applications shall only address development activities conducted during an emergency/disaster response. Applications shall specify if development placed during an emergency/disaster event is permanent or temporary. The terms “development activities” and “development” include the disposal of any spoil materials associated with an emergency/disaster response action. Applicants shall be responsible for operations under their control and that of other responders, upon mutual agreement. Responders not agreeing to have another responder address their actions shall be responsible to submit an application for those actions.3.    Emergency/disaster response actions not involving structural development or ground disturbance with mechanized equipment are exempt from these requirements, except for those actions within five hundred (500) feet of a known cultural resource (as determined in the notification process).4.    Applications shall include the following information:a.    Applicant’s name and address.b.    Location of emergency/disaster response.c.    A written description of the emergency/disaster response, including any structures erected, excavation or other grading activities, or vegetation removal.d.    A map of the project area drawn to scale, at a scale of one (1) inch equals two hundred (200) feet (1:2,400) or a scale providing greater detail. The map shall include:(1)    North arrow and scale;(2)    Boundaries, dimensions and size of subject parcel(s);(3)    Bodies of water, watercourses, and significant landforms;(4)    Existing roads and structures; and(5)    New structures placed and any vegetation removal, excavation or grading resulting from the response actions.e.    An exception to the scale requirements in subsection (C)(4)(d) of this section may be granted for an event encompassing an area greater than one square mile. In such cases, a clear sketch map of the entire response action area shall be provided. In addition, a map of one (1) inch equals two hundred (200) feet (1:2,400) or a scale providing greater detail shall be provided that shows a section of the response area exemplifying the specific actions taken.5.    Emergency/disaster response review uses may be allowed pursuant to a process that provides at minimum the following:a.    Notice of the application to landowners within two hundred (200) feet of the perimeter of the subject parcel, the Forest Service, Gorge Commission, the four (4) Columbia River treaty tribes, and interested parties;b.    A written administrative or examiner’s decision with findings of fact and conclusions of law; andc.    An opportunity to request a hearing.D.    Post-Emergency/Disaster Response Development Review.    Actions taken in all land use designations within the GMA or SMA that are in response to an emergency/disaster event, as defined, shall be reviewed for compliance with the following guidelines.1.    Scenic Resources.a.    Impacts of emergency/disaster response actions shall be evaluated to ensure that scenic resources are not adversely affected. In the GMA, such actions shall be rendered visually subordinate in their landscape setting as visible from key viewing areas to the greatest extent practicable, except for actions located in areas exempted from visual subordinance requirements in Section 40.240.800(C). In the SMAs, such actions shall meet the scenic standard to the greatest extent practicable.b.    Vegetation shall be used to screen or cover road cuts, structural development, landform alteration, and areas denuded of vegetation, as a result of emergency/disaster response actions.c.    Areas denuded of vegetation as a result of emergency/disaster response actions shall be revegetated with native plant species, or species commonly found within the applicable landscape setting, to restore the affected areas to its pre-response condition to the greatest extent practicable. Revegetation shall occur as soon as practicable, but no later than one (1) year after the emergency/disaster event. An exception to the one (1) year requirement may be granted upon demonstration of just cause, with an extension up to one (1) year.d.    The painting, staining or use of other materials on new structural development shall be used to ensure that the structures are nonreflective, or of low reflectivity, and visually subordinate in their landscape setting as visible from key viewing areas, unless the structure is fully screened from key viewing areas by existing topographic features.e.    Additions to existing structures, resulting from an emergency/disaster response action, which are smaller in total height, bulk or area than the existing structures may be the same color as the existing development. Additions larger than the existing development shall be visually subordinate in their landscape setting as visible from key viewing areas to the greatest extent practicable.f.    In the GMA, spoil materials associated with grading, excavation and slide debris removal activities in relation to an emergency/disaster response action shall comply with the following standards:(1)    The spoil materials shall either be:(a)    Removed from the National Scenic Area;(b)    Deposited at a site within the National Scenic Area permitted by the responsible official or examiner; or(c)    Recontoured, to the greatest extent practicable, to retain the natural topography, or a topography which emulates that of the surrounding landscape.(2)    The responsible official or examiner shall decide whether an applicant removes the spoil materials, deposits the spoil materials, or (re)contours the spoils materials. (3)    The responsible official or examiner shall select the action in subsection (D)(1)(f)(1) of this section that, to the greatest extent practicable, best complies with the policies and guidelines in the Management Plan that protect scenic, cultural, recreation, and natural resources. (4)    Disposal sites created pursuant to subsection (D)(1)(f)(1)(b) of this section shall only be used for spoil materials associated with an emergency/disaster response action. Spoil materials from routine road maintenance activities shall not be deposited at these sites.g.    In the SMAs, spoil materials associated with grading, excavation and slide debris removal activities in relation to an emergency/disaster response action shall comply with the following standards:(1)    The spoil materials shall either be:(a)    Removed from the National Scenic Area; or(b)    Deposited at a site within the National Scenic Area permitted by the responsible official or examiner within two (2) years of the emergency.(2)    After the spoils materials are removed, the emergency disposal site shall be rehabilitated to meet the scenic standard. (3)    All grading (i.e., recontouring) shall be completed within thirty (30) days after the spoils materials are removed.(4)    Sites shall be replanted using native plants found in the landscape setting or ecoregion to the maximum extent practicable.(5)    All revegetation shall take place within one (1) year of the date an applicant completes the grading. (6)    This provision shall take effect on August 3, 2006, or approval of a disposal site, whichever comes first.2.    Cultural Resources and Treaty Rights.a.    To the greatest extent practicable, emergency/disaster response actions shall not adversely affect cultural resources. b.    Emergency/disaster response actions shall not affect or modify tribal treaty rights.c.    The Forest Service shall determine if a reconnaissance survey or historic survey is necessary within three (3) days after receiving notice that a post-emergency land use application has been received by the responsible official.(1)    Reconnaissance surveys shall be conducted by the Forest Service and comply with the standards in Section 40.240.820(A)(3)(d). Reconnaissance survey reports shall comply with the standards in Section 40.240.820(A)(3)(e).(2)    Historic surveys shall be conducted by the Forest Service and shall describe any adverse effects to historic resources resulting from an emergency/disaster response action. Historic surveys shall document the location, form, style, integrity, and physical condition of historic buildings and structures. Such surveys shall also include original photographs, if available, and maps, and should use archival research, blueprints, and drawings as necessary.d.    Following the submittal of a post-emergency land use application, in addition to other public notice requirements that may exist, the county shall send a copy of all comments to the Gorge Commission and the tribal governments shall be notified by the responsible official when (1) a reconnaissance survey is required, or (2) cultural resources that are precontact or otherwise associated with Native Americans exist in the project area. Notices shall include a site plan. At a minimum, notice shall be sent via email where addresses are available. If a tribal government requests notice in another form, the responsible official shall comply with that request. Tribal governments shall have thirty (30) calendar days from the date a notice is sent to submit written comments. The tribal government may choose to include comments that describe the nature and extent of any cultural resources that exist in the project area or treaty rights that exist in the project area and how they have been affected, and identify individuals with specific knowledge about them. A copy of all comments shall be sent to the Gorge Commission.e.    When written comments are submitted in compliance with subsection (D)(2)(d) of this section, the project applicant shall offer to meet within five (5) calendar days with the interested persons. The five (5) day consultation period may be extended upon agreement between the project applicant and the interested persons. A report shall be prepared by the responsible official following the consultation meeting. Consultation meetings and reports shall comply with the standards in Section 40.240.820(B)(1) and Sections 40.240.180(A) and (D).f.    If cultural resources are discovered within the area disturbed by emergency response actions, the project applicant shall have a qualified professional conduct a survey to gather enough information to evaluate the significance of the cultural resources and what effects the action had on such resources. The survey and evaluation shall be documented in a report that generally follows the standards in Sections 40.240.820(A)(1) and (2), and Section 40.240.820(C)(1).g.    A mitigation plan shall be prepared by the project applicant if the affected cultural resources are significant. The mitigation plan shall be prepared according to the information, consultation, and report guidelines in Section 40.240.820(E). h.    A copy of all reconnaissance and historic survey reports and treaty rights protection plans shall be submitted to the SHPO and the tribal governments. Survey reports shall include measures to mitigate adverse effects to cultural resources resulting from emergency/disaster response actions. The SHPO and tribal governments shall have fifteen (15) calendar days from the date a survey report is sent to submit written comments. All written comments shall be recorded and addressed in the administrative or examiner’s decision.i.    The responsible official or examiner shall make a decision on whether the emergency/disaster response actions are consistent with the applicable cultural resource goals, policies, and guidelines. If the decision contradicts the comments submitted by the SHPO, or those submitted by a tribal government regarding treaty rights, the responsible official or examiner shall justify how the opposing conclusion was reached.j.    The cultural resource protection process may conclude when it has been determined that tribal treaty rights have not been not affected and one of the following conditions exists:(1)    The emergency/disaster response action does not require a reconnaissance or historic survey, or a reconnaissance survey demonstrates that no cultural resources are known to exist in the project area, and no substantiated concerns were voiced by interested persons within fifteen (15) calendar days of the date that a notice was sent.(2)    The emergency/disaster response action avoided cultural resources that exist in the project area.(3)    Adequate mitigation measures to affected cultural resources have been developed and will be implemented.(4)    A historic survey demonstrates that emergency/disaster response actions, and associated development, had no effect on historic buildings or structures because:(a)    The SHPO concluded that the historic buildings or structures are clearly not eligible, as determined by using the criteria in the “National Register Criteria for Evaluation” (36 CFR 60.4); or (b)    The emergency/disaster response actions did not compromise the historic or architectural character of the affected buildings or structures, or compromise features of the site that are important in defining the overall historic character of the affected buildings or structures, as determined by the guidelines and standards in The Secretary of the Interior’s Standards for Rehabilitation (U.S. Department of the Interior, 1990) and The Secretary of the Interior’s Standards for Historic Preservation Projects (U.S. Department of the Interior, 1983).3.    Natural Resources.a.    To the greatest extent practicable, emergency/disaster response actions shall not adversely affect natural resources.b.    Buffer zones for water resources, priority habitats or sensitive wildlife sites, and sites containing rare plants shall be the same as those established in Sections 40.240.840, 40.240.860(F)(4), 40.240.870(G), and 40.240.880(B) and (C).c.    Water Resources.(1)    Emergency/disaster response actions occurring within a water resource buffer zone shall be reviewed by the Washington Department of Fish and Wildlife. These areas are also referred to in this section as aquatic areas. State biologists will help determine if emergency/disaster response actions have affected or have a potential to affect these aquatic areas or their bigger zones. (2)    When emergency/disaster response activities occur within water resources or their buffer zones, the applicant shall demonstrate the following:(a)    All reasonable measures have been applied to ensure that the response actions have resulted in the minimum feasible alteration or destruction of the functions, existing contours, vegetation, fish and wildlife resources, and hydrology of wetlands, streams, ponds, lakes or riparian areas.(b)    Areas disturbed by response activities and associated development will be rehabilitated to the maximum extent practicable.(3)    Impacts to water resources and their buffers will be offset through mitigation and restoration to the greatest extent practicable. Mitigation and restoration efforts shall use native vegetation, and restore natural functions, contours, vegetation patterns, hydrology and fish and wildlife resources to the maximum extent practicable.(4)    If the responsible official, in consultation with the Washington Department of Fish and Wildlife, determines that the emergency/disaster response actions had minor effects on the water resource or its buffer zone that could be eliminated with simple modifications, a letter shall be sent to the project applicant that describes the effects and measures that need to be taken to eliminate them. The state biologist, or a Forest Service natural resource advisor (as available) in consultation with the state biologist, shall visit the site in order to make this determination. If the project applicant accepts these recommendations, they shall be incorporated into the administrative or examiner’s decision and the aquatic area protection process may conclude.(5)    Unless addressed through subsection (D)(3)(c)(4) of this section, mitigation and restoration efforts shall be delineated in a Water Resources Mitigation Plan. Water Resources Mitigation Plans shall satisfy the standards in Sections 40.240.840(K). Water Resources Mitigation Plans shall also satisfy the following:(a)    Plans shall include a plan view and cross-sectional drawing at a scale that adequately depicts site rehabilitation efforts. Plans will illustrate final site topographic contours that emulate the surrounding natural landscape.(b)    Planting plans shall be included that specify native plant species to be used, specimen quantities and plant locations.(c)    The project applicant shall be responsible for the successful rehabilitation of all areas disturbed by emergency/disaster response activities.d.    Wildlife Habitat.(1)    Emergency/disaster response actions occurring within one thousand (1,000) feet of a priority habitat or sensitive wildlife site shall be reviewed by the Washington Department of Fish and Wildlife. State wildlife biologists will help determine if emergency/disaster response actions have affected or have a potential to affect a priority habitat or sensitive wildlife site.(2)    Site plans for emergency/disaster response sites shall be submitted by the responsible official to the Washington Department of Fish and Wildlife for review as prescribed in Sections 40.240.860(E)(1) and (2). (3)    The wildlife protection process may terminate if the responsible official, in consultation with the Washington Department of Fish and Wildlife, determines (a) the priority habitat or sensitive wildlife site was not active, or (b) the emergency/disaster response did not compromise the integrity of the priority habitat or sensitive wildlife site or occurred at a time when wildlife species are not sensitive to disturbance.(4)    If the responsible official, in consultation with the Washington Department of Fish and Wildlife, determines that the emergency/disaster response activities had minor effects on the priority habitat or sensitive wildlife site that could be eliminated with simple modifications, a letter shall be sent to the project applicant that describes the effects and measures that need to be taken to eliminate them. The state wildlife biologist, or a Forest Service natural resource advisor (as available) in consultation with the state wildlife biologist, shall visit the site in order to make this determination. If the project applicant accepts these recommendations, they shall be incorporated into the administrative or examiner’s decision and the wildlife protection process may conclude.(5)    If the responsible official, in consultation with the Washington Department of Fish and Wildlife, determines that the emergency/disaster response activities had adverse effects on a priority habitat or sensitive wildlife site, the project applicant shall prepare a wildlife mitigation plan. Wildlife mitigation plans shall comply with standards in Section 40.240.860(F). Upon completion of the wildlife mitigation plan:(a)    The responsible official shall submit a copy of the wildlife mitigation plan to the Washington Department of Fish and Wildlife, for review. The Washington Department of Fish and Wildlife will have fifteen (15) days from the date that a plan is sent to submit written comments to the responsible official.(b)    Any written comments submitted by the Washington Department of Fish and Wildlife shall be recorded in the administrative or examiner’s decision. Based on these comments, the responsible official or examiner shall determine whether the proposed use would be consistent with the wildlife policies and guidelines. If the decision contradicts the comments submitted by the Washington Department of Fish and Wildlife, the responsible official or examiner shall justify how the opposing conclusion was reached.(c)    Require the project applicant to revise the Wildlife Mitigation Plan as necessary to ensure that the proposed use would not adversely affect a priority habitat or sensitive wildlife site.e.    Deer and Elk Winter Range. Any fencing permanently erected within deer and elk winter range, as a result of an emergency/disaster response, shall comply with the standards in Section 40.240.860(G).f.    Rare Plants.(1)    Emergency/disaster response actions occurring within one thousand (1,000) feet of a rare plant shall be reviewed by the Washington Natural Heritage Program. State heritage staff will help determine if emergency/disaster response actions have occurred within the buffer zone of a rare plant.(2)    Site plans for emergency/disaster response sites shall be submitted to the Washington Natural Heritage Program by the responsible official. State natural heritage staff will, within fifteen (15) days from the date the application is sent, identify the location of the affected plants and delineate a two hundred (200) foot buffer zone on the applicant’s site plan.(3)    The rare plant protection process may conclude if the responsible official, in consultation with the state natural heritage program, determines that emergency/disaster response activities occurred outside of a rare plant buffer zone.(4)    If the responsible official, in consultation with the state natural heritage program, determines that the emergency/disaster response activities had minor effects on rare plants or the rare plant buffer zone, a letter shall be sent to the project applicant that describes the effects and measures that need to be taken to eliminate them. The state natural heritage staff, or a Forest Service natural resources advisor (as available) in consultation with the state natural heritage staff, shall visit the site in order to make this determination. If the project applicant accepts these recommendations, they shall be incorporated into the administrative or examiner’s decision and the rare plant protection process may conclude.(5)    If emergency/disaster response activities occurred within a rare plant buffer zone that had adverse effects on rare plants or their buffer zone, the project applicant shall prepare a Rare Plant Mitigation Plan that meets the standards in Section 40.240.870(F).(6)    The responsible official shall submit a copy of all Rare Plant Mitigation Plans to the state heritage program for review. The state natural heritage program will have fifteen (15) days from the date the Rare Plant Mitigation Plan is sent to submit written comments to the responsible official.(7)    Any written comments submitted by the state natural heritage program shall be recorded in the administrative or examiner’s decision. Based on these comments, the responsible official or examiner shall make a decision on whether the proposed use would be consistent with the rare plant policies and guidelines. If the decision contradicts the comments submitted by the state natural heritage program, the responsible official or examiner shall justify how the opposing conclusion was reached.(8)    The responsible official or examiner shall require the project applicant to revise the Rare Plant Mitigation Plan as necessary to ensure that the proposed use would not adversely affect a rare plant site.4.    Recreational Resources.a.    To the greatest extent practicable, emergency/disaster response actions shall not adversely affect recreational resources.b.    Mitigation measures shall be implemented to mitigate any adverse effects on existing recreation resources caused by emergency/disaster response activities to the maximum extent practicable.(Amended: Ord. 2008-06-02)E.    Post-Emergency Construction.    Placement of structures necessary for continued public safety and the protection of private property and essential public services damaged during an emergency/disaster event is allowed in all land use designations in accordance with Sections 40.240.050, 40.240.100 through 40.240.180 (as applicable), and 40.240.800 through 40.240.900. This includes replacement of temporary structures erected during such events with permanent structures performing an identical or related function. Land use applications shall be submitted within twelve (12) months following an emergency/disaster event.(Amended: Ord. 2006-05-04; Ord. 2021-12-02)ARTICLE II. GENERAL GUIDELINES

A.    This chapter shall not apply to:1.    Any treaty or other rights of any Indian tribes.2.    Lands held in trust by the Secretary of the Interior for Indian tribes or for individual members of Indian tribes, and lands acquired by the U.S. Army Corps of Engineers and administered by the Secretary of the Interior for the benefit of Indian tribes or of individual members of Indian tribes, shall be exempt from regulation. This exemption shall extend to lands selected by the U.S. Army Corps of Engineers as “in lieu” or treaty fishing access sites pursuant to Public Law 79-14 and Public Law 100-581 before or after the effective date of the Management Plan. For those “in lieu” or treaty fishing access sites chosen after the effective date of the Management Plan, the exemption shall commence upon selection by the U.S. Army Corps of Engineers.3.    Rights to surface or groundwater.4.    Water transportation activities on the Columbia River or its tributaries. The term “activities” includes those facilities necessary for navigation.5.    The operation, maintenance and modification of existing transmission facilities of the Bonneville Power Administration.6.    Laws, rules or regulations pertaining to hunting or fishing.7.    The operation, maintenance and improvement of navigation facilities at Bonneville Dam pursuant to federal law, except for the off-site disposal of excavation material.8.    In the GMA, the rights and responsibilities of nonfederal timber landowners under the Washington Forest Practices Act, or under county regulations that supersede those acts.B.    Neither the Forest Service nor the Gorge Commission may establish any buffer zones or protective perimeters outside the boundaries of the Scenic Area.(Amended: Ord. 2006-05-04; Ord. 2021-12-02)

The following land uses and activities shall not be allowed within the Columbia River Gorge National Scenic Area in Clark County:A.    Solid waste disposal sites or sanitary landfills within the SMAs.B.    New industrial development in the National Scenic Area outside of the urban areas.C.    Collective gardens as defined in Section 40.100.070.(Amended: Ord. 2006-05-04; Ord. 2013-07-08; Ord. 2014-11-02; Ord. 2021-12-02)

A.    All Land Use Designations Except Open Space. 1.    The following uses may be allowed without review in all GMA and SMA land use designations, except GMA and SMA Open Space:a.    In the GMA, agricultural uses except new cultivation. Any operation that would cultivate land that has not been cultivated, or has lain idle, for more than five (5) years shall be considered new cultivation. For this guideline, cultivation and vegetation removal may be allowed in conjunction with a home garden.b.    In the SMAs, agricultural uses within previously disturbed and regularly worked fields or areas. c.    Forest practices in the GMA that do not violate conditions of approval for other approved uses and development.d.    Repair, maintenance and operation of existing structures, including, but not limited to, dwellings, agricultural structures, trails, roads, railroads, and utility facilities.e.    Accessory structures sixty (60) square feet or less in area and ten (10) feet or less in height, unless within the buffer zone of a wetland, stream, pond, lake or riparian area. This category does not include signs, fences, outdoor lights, retaining walls, flagpoles, roads, transportation facilities, or utility facilities.f.    Wire-strand or woven-wire fences used for gardens, yards, livestock, and similar uses less than or equal to five hundred (500) feet in length and less than or equal to ten (10) feet in height that are accessory to an existing dwelling; provided, that woven-wire fences (posts and wire) are brown or black if visible from key viewing areas. Height is measured from the ground to the top wire.g.    Wire-strand fences less than or equal to forty-eight (48) inches in height that are outside deer and elk winter range as delineated in the Gorge Commission and Forest Service natural resource data or determined by an appropriate federal or state agency. Height is measured from the ground to the top wire. This category does not include fences associated with transportation facilities or utility facilities.h.    The following transportation facilities:(1)    Replace existing safety or protective structures, including but not limited to guardrails, access control fences and gates, barriers, energy attenuators, safety cables, rockfall structures and traffic signals and controllers; provided, that the replacement structures are (a) the same location and size as the existing structures, and (b) the same building materials as the existing structures, or building materials that are dark brown with a flat, nonreflective finish, or building materials consistent with a scenic highway corridor strategy for Washington State Route 14 prepared according to the GMA policies in the section of the Scenic Resources chapter of the Management Plan titled “Scenic Travel Corridors.” (Part I, Chapter 1: Scenic Resources).(2)    Replace existing traffic detection devices, vehicle weighing devices, and signal boxes; provided, that the replacement structures are (a) the same location and size as the existing structures, and (b) the same building materials as the existing structures, or building materials that are dark brown with a flat, nonreflective finish, or building materials consistent with a scenic highway corridor strategy for Washington State Route 14 prepared according to the GMA policies in the section of the Scenic Resources chapter of the Management Plan titled “Scenic Travel Corridors.” (Part I, Chapter 1: Scenic Resources).(3)    New raised pavement markers, guide posts, object markers, inlay markers, and pavement markings and striping.(4)    Permanent public regulatory, guide, and warning signs, except those excluded below; provided, that (a) the signs comply with the Manual on Uniform Traffic Control Devices (2012 or most recent version), and (b) the support structures and backs of all signs are dark brown with a flat, nonreflective finish. This category does not include specific service signs; destination and distance signs; variable message signs; or signs that bridge or are cantilevered over the road surface.(5)    Extensions of existing guardrails or traffic barriers less than or equal to fifty (50) feet in length and new guardrail ends for existing guardrails; provided, that the guardrails and guardrail ends are (a) located inside rights-of-way that have been disturbed in the past, and (b) constructed of materials that match the existing structure, natural wood, weathering steel (e.g., Corten), or materials consistent with a scenic highway corridor strategy for Washington State Route 14 prepared according to the GMA policies in the section of the Scenic Resources chapter of the Management Plan titled “Scenic Travel Corridors.” (Part I, Chapter 1: Scenic Resources).(6)    New traffic barriers and guardrail ends; provided, that the structures are (a) located inside rights-of-way that have been disturbed in the past, and (b) are constructed of natural wood, weathering steel (e.g., Corten), or materials consistent with a scenic highway corridor strategy for Washington State Route 14 prepared according to the GMA policies in the section of the Scenic Resources chapter of the Management Plan titled “Scenic Travel Corridors.” (Part I, Chapter 1: Scenic Resources). This category does not include jersey barriers.(7)    In the GMA, replacement or expansion of existing culverts; provided, that the entity or person owning or operating the culvert shall obtain all necessary federal and state permits that protect water quality and fish and wildlife habitat before construction.(8)    In the SMAs, replacement or expansion of existing culverts for ephemeral streams or ditches; provided, that the visible ends of culverts shall be dark and nonreflective. The entity or person owning or operating the culvert shall obtain all necessary federal and state permits that protect water quality and fish and wildlife habitat before construction.(9)    Maintenance of existing railroad track and paved roads; provided, that the activity does not:(a)    Increase the width of a road or railroad; or(b)    Disturb the toe of adjacent embankments, slopes or cut banks.(10)    Apply dust abatement products to nonpaved road surfaces. (11)    Grade and gravel existing road shoulders; provided, that the activity does not:(a)    Increase the width of a road; or(b)    Disturb the toe of adjacent embankments, slopes or cut banks.(12)    Replace the superstructure of bridges (e.g., decks, beams) for bridges less than or equal to thirty (30) feet in length and less than or equal to one thousand (1,000) square feet in area. This category does not include guardrails, traffic barriers, or the substructure of bridges (e.g., foundations, abutments).i.    The following underground utility facilities:(1)    Replace or modify existing underground utility facilities located inside road, utility or railroad rights-of-way or easements that have been disturbed in the past or co-locate new underground utility facilities with existing underground facilities located inside road, utility or railroad rights-of-way or easements that have been disturbed in the past; provided, that no excavation would extend beyond the depth and extent of the original excavation.(2)    Replace or modify existing underground utility facilities located inside road, utility or railroad rights-of-way or easements that have been disturbed in the past or co-locate new underground utility facilities with existing underground facilities located inside road, utility railroad rights-of-way or easements that have been disturbed in the past; provided, that:(a)    No excavation would extend more than twelve (12) inches beyond the depth and extent of the original excavation;(b)    No ditch for linear facilities would be more than twenty-four (24) inches wide; (c)    No excavation for nonlinear facilities would exceed ten (10) cubic yards; and (d)    No recorded archaeological site is located within five hundred (500) feet of the development. To comply with this subsection (A)(1)(i)(2)(d), the entity or person undertaking the development shall contact the Washington Office of Archaeology and Historic Preservation and obtain a letter or other document stating no recorded archaeological site is located within five hundred (500) feet of the development.j.    The following aboveground and overhead utility facilities, subject to Chapter 12.20A for areas within, on, along, over, under or through Clark County public right-of-way:(1)    Replace existing aboveground and overhead utility facilities including towers, pole/tower-mounted equipment, cables and wires, anchors, pad-mounted equipment, service boxes, pumps, valves, pipes, water meters, and fire hydrants; provided, that the replacement facilities would have (a) the same location and size as the existing facilities, and (b) the same building materials as the existing structures, or building materials that are dark brown with a flat, nonreflective finish, or building materials consistent with the Historic Columbia River Highway Master Plan or a scenic highway corridor strategy for Washington State Route 14 prepared according to the GMA policies in the section of the Scenic Resources chapter of the Management Plan titled “Scenic Travel Corridors.” (Part I, Chapter 1: Scenic Resources).(2)    Replace existing utility poles; provided, that the replacement poles are:(a)    Located within five (5) feet of the original poles;(b)    No more than five (5) feet taller and six (6) inches wider than the original poles; and(c)    Constructed of natural wood, weathering steel (e.g., Corten), materials that match the original poles, or materials that are dark brown with a flat, nonreflective finish.(3)    New whip antennas for public service less than or equal to eight (8) feet in height and less than or equal to two (2) inches in diameter, cables, wires, transformers, and other similar equipment; provided, that all such structures are on existing utility poles or towers.k.    Flagpoles that are accessory to the principal building on a parcel; provided, that the height of the flagpole is less than or equal to the height of the highest ridgeline or parapet of the principal building.l.    The following signs:(1)    Election signs. Removal must be accomplished within thirty (30) days of election day. (2)    “For sale” signs not greater than twelve (12) square feet. Removal must be accomplished within thirty (30) days of close of sale.(3)    Temporary construction site identification, public service company, safety, or information signs not greater than thirty-two (32) square feet. Exceptions may be granted for public highway signs necessary for public safety and consistent with the Manual on Uniform Traffic Control Devices (2012 or most recent version). Removal must be accomplished within thirty (30) days of project completion.(4)    Signs posted on private property warning the public against trespassing, danger from animals, the private nature of a road, driveway or premises, or signs prohibiting or otherwise controlling fishing or hunting; provided, that such signs are not greater than six (6) square feet in the GMA and two (2) square feet in the SMAs.(5)    Temporary signs advertising civil, social, or political gatherings and activities; provided, that such signs do not exceed twelve (12) square feet. Removal must be accomplished within thirty (30) days of the close of the event.(6)    Signs posted by governmental jurisdictions giving notice to the public. Such signs shall be no larger than that required to convey the intended message. (7)    In the GMA, signs associated with the use of a building or buildings, if placed flat on the outside walls of buildings (not on roofs or marquees).m.    In the GMA, wind machines for frost control in conjunction with an agricultural use.(Amended: Ord. 2008-06-02)B.    GMA and SMA Open Space.1.    The following uses may be allowed without review in GMA and SMA Open Space:a.    Repair, maintenance and operation of existing structures, including, but not limited to, dwellings, agricultural structures, trails, roads, railroads, and utility facilities. This does not include trail, road, and railroad expansions.b.    The following transportation facilities:(1)    Replace existing safety or protective structures, including guardrails, access control fences and gates, barriers, energy attenuators, safety cables, and traffic signals and controllers; provided, that the replacement structures are (a) the same location and size as the existing structures, and (b) the same building materials as the existing structures, or building materials that are dark brown with a flat, nonreflective finish, or building materials consistent with the Historic Columbia River Highway Master Plan for the Historic Columbia River Highway or Washington State Route 14 prepared according to the GMA policies in the section of the Scenic Resources chapter of the Management Plan titled “Scenic Travel Corridors.” (Part I, Chapter 1: Scenic Resources).(2)    Replace existing traffic detection devices, vehicle weighing devices, and signal boxes; provided, that the replacement structures are (a) the same location and size as the existing structures, and (b) the same building materials as the existing structures, or building materials that are dark brown with a flat, nonreflective finish, or building materials consistent with the Historic Columbia River Highway Master Plan for the Historic Columbia River Highway or Washington State Route 14 prepared according to the GMA policies in the section of the Scenic Resources chapter of the Management Plan titled “Scenic Travel Corridors.” (Part I, Chapter 1: Scenic Resources).(3)    New raised pavement markers, guide posts, object markers, inlay markers, and pavement markings and striping.(4)    Permanent public regulatory, guide, and warning signs, except those excluded below; provided, that (a) the signs comply with the Manual on Uniform Traffic Control Devices (2012 or most recent version), and (b) the support structures and backs of all signs are dark brown with a flat, nonreflective finish. This category does not include specific service signs; destination and distance signs; variable message signs; or signs that bridge or are cantilevered over the road surface. (5)    Extensions of existing guardrails or traffic barriers less than or equal to fifty (50) feet in length and new guardrail ends for existing guardrails; provided, that the guardrails and guardrail ends are (1) located inside rights-of-way that have been disturbed in the past, and (2) constructed of materials that match the existing structure, natural wood, weathering steel (e.g., Corten), or materials consistent with the Historic Columbia River Highway Master Plan for the Historic Columbia River Highway or Washington State Route 14 prepared according to the GMA policies in the section of the Scenic Resources chapter of the Management Plan titled “Scenic Travel Corridors.” (Part I, Chapter 1: Scenic Resources).(6)    New traffic barriers and guardrail ends, provided the structures are (a) located inside rights-of-way that have been disturbed in the past, and (b) constructed of natural wood, weathering steel (e.g., Corten), or materials consistent with the Historic Columbia River Highway Master Plan or a scenic highway corridor for Washington State Route 14 prepared according to the GMA policies in the section of the Scenic Resources chapter of the Management Plan titled “Scenic Travel Corridors.” This category does not include jersey barriers.(7)    In the GMA, replacement or expansion of existing culverts; provided, that the entity or person owning or operating the culvert shall obtain all necessary federal and state permits that protect water quality and fish and wildlife habitat before construction.(8)    In the SMAs, replacement or expansion of existing culverts for ephemeral streams or ditches; provided, that the visible ends of culverts shall be dark and nonreflective.(9)    Maintenance of existing railroad track and paved roads; provided, that the activity does not:(a)    Increase the width of a road or railroad; or(b)    Disturb the toe of adjacent embankments, slopes or cut banks.(10)    Apply dust abatement products to nonpaved road surfaces. (11)    Grade and gravel existing road shoulders; provided, that the activity does not:(a)    Increase the width of a road; or(b)    Disturb the toe of adjacent embankments, slopes or cut banks.(12)    Replace the superstructure of bridges (e.g., decks, beams) for bridges less than or equal to thirty (30) feet in length and less than or equal to one thousand (1,000) square feet in area. This category does not include guardrails, traffic barriers, or the substructure of bridges (e.g., foundations, abutments).c.    The following underground utility facilities:(1)    Replace or modify existing underground utility facilities located inside road, utility or railroad rights-of-way or easements that have been disturbed in the past or co-locate new underground utility facilities with existing underground facilities located inside road, utility or railroad rights-of-way or easements that have been disturbed in the past; provided, that no excavation would extend beyond the depth and extent of the original excavation.(2)    Replace or modify existing underground utility facilities located inside road, utility or railroad rights-of-way or easements that have been disturbed in the past or co-locate new underground utility facilities with existing underground facilities located inside road, utility or railroad rights-of-way or easements that have been disturbed in the past; provided, that:(a)    No excavation would extend more than twelve (12) inches beyond the depth and extent of the original excavation;(b)    No ditch for linear facilities would be more than twenty-four (24) inches wide;(c)    No excavation for nonlinear facilities would exceed ten (10) cubic yards; and (d)    No recorded archaeological site is located within five hundred (500) feet of the development. To comply with this guideline, the entity or person undertaking the development shall contact the Washington Department of Archaeology and Historic Preservation and obtain a letter or other document stating no recorded archaeological site is located within five hundred (500) feet of the development.d.    The following aboveground and overhead utility facilities:(1)    Replace existing aboveground and overhead utility facilities including towers, pole/tower-mounted equipment, cables and wires, anchors, pad-mounted equipment, service boxes, pumps, valves, pipes, water meters, and fire hydrants; provided, that the replacement facilities would have (a) the same location and size as the existing facilities, and (b) the same building materials as the existing facilities, or building materials that are dark brown with a flat, nonreflective finish, or building materials consistent with the Historic Columbia River Highway Master Plan for the Historic Columbia River Highway or Washington State Route 14 prepared according to the GMA policies in the section of the Scenic Resources chapter of the Management Plan titled “Scenic Travel Corridors.” (Part I, Chapter 1: Scenic Resources).(2)    Replace existing utility poles; provided, that the replacement poles are:(a)    Located within five (5) feet of the original poles;(b)    No more than five (5) feet taller and six (6) inches wider than the original poles; and (c)    Constructed of natural wood, weathering steel (e.g., Corten), or materials that match the original poles, or materials that are dark brown with a flat, nonreflective finish.(3)    New whip antennas for public service less than or equal to eight (8) feet in height and less than or equal to two (2) inches in diameter, cables, wires, transformers, and other similar equipment; provided, that all such structures are on existing utility poles or towers.e.    The following signs: (1)    Election signs. Removal must be accomplished within thirty (30) days of election day.(2)    “For sale” signs not greater than twelve (12) square feet. Removal must be accomplished within thirty (30) days of close of sale.(3)    Temporary construction site identification, public service company, safety, or information signs not greater than thirty-two (32) square feet. Exceptions may be granted for public highway signs necessary for public safety and consistent with the Manual on Uniform Traffic Control Devices (2012 or most recent version). Removal must be accomplished within thirty (30) days of project completion.(4)    Signs posted on private property warning the public against trespassing, danger from animals, the private nature of a road, driveway or premises, or signs prohibiting or otherwise controlling fishing or hunting; provided, that such signs are not greater than six (6) square feet in the GMA and two (2) square feet in the SMAs.(5)    Temporary signs advertising civil, social, or political gatherings and activities; provided, that such signs do not exceed twelve (12) square feet. Removal must be accomplished within thirty (30) days of the close of the event.(6)    Signs posted by governmental jurisdictions giving notice to the public. Such signs shall be no larger than that required to convey the intended message.(7)    In the GMA, signs associated with the use of a building or buildings, if placed flat on the outside walls of buildings (not on roofs or marquees).(Amended: Ord. 2006-05-04; Ord. 2008-06-02; Ord. 2021-12-02)

All new buildings shall comply with the setbacks in Table 40.240.130-1 when proposed to be located on a parcel adjacent to lands zoned Gorge Large-Scale or Small-Scale Agriculture and which are currently used for agricultural use:A.    Setback Guidelines.B.    New buildings adjacent to lands designated large-scale or small-scale agriculture that are suitable, but currently not used for, agriculture shall use the open or fenced setback associated with the dominant type of agriculture in the vicinity. If a vegetation barrier, eight (8) foot berm, or terrain barrier exists, the corresponding setback shall apply. If more than one (1) type of agriculture is dominant, the setback shall be the larger width. C.    Earth berms may be used to satisfy, in part, the setback guidelines. Berms shall be a minimum of eight (8) feet in height, and contoured at three to one (3:1) slopes to look natural. Shrubs, trees or grasses shall be planted on the berm to control erosion and achieve a finished height of fifteen (15) feet.D.    The planting of a continuous vegetative screen may be used to satisfy, in part, the setback guidelines. Trees shall be at least six (6) feet high when planted and reach an ultimate height of at least fifteen (15) feet. The vegetation screen shall be planted along the appropriate parcel line(s), and be continuous.E.    The necessary berming or planting must be completed during the first phase of development and maintained in good condition.F.    If several crops or crop rotation is involved in the adjacent operation, the greater setback shall apply.G.    A variance to buffer setbacks may be granted upon a demonstration that the guidelines of Section 40.240.150 have been satisfied.(Amended: Ord. 2006-05-04; Ord. 2021-12-02)

If new buildings or structures may detract from the use and enjoyment of established recreation sites, an appropriate buffer shall be established between the building/structure and the parcel.(Amended: Ord. 2006-05-04)

A.    Variances from setbacks and buffers within the GMA shall be reviewed under administrative variance criteria of Section 40.550.020. When setbacks or buffers for the protection of scenic, cultural, natural, recreation, agricultural or forestry resources, or nonresource uses, overlap or conflict, the setbacks or buffers may be varied upon a demonstration that:1.    A setback or buffer to protect one (1) resource or use would cause the proposed use to fall within a setback or buffer to protect another resource; and2.    Variation from the specified setbacks or buffers would, on balance, best achieve the protection of the affected resources.(Amended: Ord. 2009-03-02)B.    A setback or buffer for protection of scenic, cultural, natural, recreation, agricultural or forestry resources, or nonresource uses, may be varied to allow a residence to be built on a parcel of land upon a demonstration that:1.    The land use designation otherwise authorizes a residence on the tract;2.    No site exists on the tract (all contiguous parcels under the same ownership) on which a residence could practicably be placed in full compliance with the setback or buffer; 3.    The variance from the specified setback or buffer is the minimum necessary to allow the residence; and4.    The variance shall not be used to permit an addition to a building (including, but not limited to, decks and stairs) when the addition would be within the setback, except where the building is wholly within the setback, in which case, the addition may only be permitted on the portion of the building that does not encroach any further into the required setback.C.    The responsible official may grant a variance to the setback and buffer requirements in Section 40.240.890, upon finding that the following conditions exist:1.    The proposed project is a public use, resource-based recreation facility providing or supporting either recreational access to the Columbia River and its tributaries, or recreational opportunities associated with a scenic travel corridor.2.    All reasonable measures to redesign the proposed project to comply with required setbacks and buffers have been explored, and application of those setbacks and buffers would prohibit a viable recreation use of the site as proposed.3.    Resource impacts have been mitigated to less than adverse levels through design provisions and mitigation measures.4.    The variance is the minimum necessary to accommodate the use.(Amended: Ord. 2006-05-04; Ord. 2021-12-02)

A landowner may submit a land use application to alter conditions of approval for an existing use or structure approved under prior National Scenic Area regulations (e.g., Columbia River Gorge National Scenic Area Final Interim Guidelines, original Management Plan), subject to the following standards:A.    The applicant shall apply for the same development that was reviewed in the original administrative or examiner decision.B.    The development shall remain in its current location.C.    The agency that currently has jurisdiction over the applicant’s property shall review the application and send notice of the application to agencies and other parties entitled to receive notice under the current rules.D.    The agency shall review the entire development to ensure that it would fully comply with all the current guidelines (i.e., land use, treaty rights, scenic resources, cultural resources, recreation resources and natural resources).E.    The agency shall issue a new administrative or examiner decision that supersedes the original decision.F.    The new administrative or examiner decision may remove or revise original conditions or approval or add new conditions or approval to ensure full compliance with all the current guidelines.(Amended: Ord. 2006-05-04; Ord. 2021-12-02)

A.    Except as otherwise provided, existing uses or structures in the Clark County portion of the Scenic Area may continue, so long as it is used in the same manner and for the same purpose.B.    Replacement of Existing Structures Not Damaged or Destroyed by Disaster.     Except as provided in Section 40.240.170(C), an existing structure may be replaced if a complete land use application for a replacement structure is submitted to the reviewing agency within one (1) year of the date the use of the original structure was discontinued. The replacement structure shall comply with the following standards:1.    The replacement structure shall have the same use as the original structure.2.    The replacement structure may have a different size or location than the original structure. An existing manufactured home may be replaced with a framed residence and an existing framed residence may be replaced with a manufactured home.3.    The replacement structure shall be subject to: a.    Scenic, cultural, recreation and natural resources guidelines; b.    Treaty rights guidelines; and c.    Land use designations guidelines involving agricultural buffer zones, approval criteria for fire protection, and approval criteria for siting of dwellings on forest land.4.    The original structure shall be considered discontinued if a complete land use application for a replacement structure is not submitted within the one (1) year time frame.C.    Replacement of Existing Structures Damaged or Destroyed by Disaster.    An existing structure damaged or destroyed by fire, flood, landslide or other similar disaster may be replaced if a complete land use application for a replacement structure is submitted to the reviewing agency within two (2) years of the date the original structure was damaged or destroyed. The replacement structure shall comply with the following standards:1.    The replacement structure shall have the same use as the original structure. An existing manufactured home may be replaced with a framed residence.2.    The replacement structure shall be in the same location as the original structure. An exception may be granted and the replacement structure may be sited in a different location if all the following conditions exist:a.    A registered civil engineer, registered geologist, or other qualified and licensed professional hired by the applicant demonstrates the disaster made the original building site physically unsuitable for reconstruction.b.    The new building site is no more visible from key viewing areas than the original building site. An exception may be granted if a registered civil engineer, registered geologist, or other qualified and licensed professional hired by the applicant demonstrates the subject parcel lacks alternative building sites physically suitable for construction that are no more visible from key viewing areas than the original building site.c.    The new building site complies with the cultural resources, natural resources, and treaty rights guidelines.3.    The replacement structure shall be the same size and height as the original structure; provided, that:a.    The footprint of the replacement structure may be up to ten percent (10%) larger than the footprint of the original structure. The footprint of a structure includes any covered decks and porches, attached garages, and breezeways that share a wall with the structure.b.    The walls of the replacement structure shall be the same height as the walls of the original structure unless a minor increase is required to comply with standards in the current jurisdictional building code. Height is generally defined as the greatest vertical distance between the lowest finished grade adjoining any exterior wall and the highest point of the roof.4.    The replacement structure shall only be subject to the following scenic resources standards:a.    The replacement structure shall comply with the guidelines regarding color and reflectivity in Section 40.240.800. These guidelines shall be applied to achieve the applicable scenic standard (visually subordinate or not visually evident) to the maximum extent practicable.b.    Decks, verandas, balconies and other open portions of the original structure shall not be rebuilt as enclosed (walls and roof) portions of the replacement structure.c.    In the GMA, the replacement structure shall comply with the GMA guidelines regarding landscaping in Section 40.240.800. These guidelines shall be applied to achieve the applicable scenic standard (visually subordinate) to the maximum extent practicable.d.    In the SMA, the replacement structure shall comply with the SMA guidelines regarding landscaping. These guidelines shall be applied to achieve the applicable scenic standard (visually subordinate or not visually evident) to the maximum extent practicable; provided, that:(1)    Use of plant species appropriate for the area and minimum sizes of new trees needed to achieve the standard (based on average growth rates expected for the recommended species) are required. Examples of native species are identified in the Scenic Resources Implementation Handbook as appropriate to the area.(2)    The height of any new trees shall not be required to exceed five (5) feet.(3)    The time frame for achieving the applicable scenic standard (visually subordinate or not visually evident) shall be ten (10) years.5.    The replacement structure shall be pursuant to Sections 40.240.170(B)(1), (B)(2) and (B)(3) if it would not comply with Sections 40.240.170(C)(2) and (C)(3).6.    The original structure shall be considered discontinued if a complete land use application for a replacement structure is not submitted within the two (2) year time frame.(Amended: Ord. 2006-08-21; Ord. 2008-06-02)D.    Changes to Existing Uses and Structures.    Except as otherwise provided, any change to an existing use or modification to the exterior of an existing structure shall be subject to review and approval pursuant to this chapter.1.    Expansion of Existing Commercial and Multifamily Residential Uses. In the Special Management Area, existing commercial and multifamily residential uses may expand as necessary for successful operation on the dedicated site, pursuant to Sections 40.240.800 through 40.240.900 to minimize adverse effects on scenic, cultural, natural and recreation resources. Expansion beyond the dedicated site is prohibited. 2.    Conversion of Existing Industrial Uses. In the GMA, existing industrial uses may convert to less intensive uses. A less intensive use is a commercial, recreation or residential use with fewer adverse effects upon scenic, cultural, natural and recreation resources.3.    Existing Development or Production of Mineral Resources. In the SMAs, uses involving the exploration, development or production of sand, gravel or rock in the SMAs may continue if both of the following conditions exist:(a)    The sand, gravel, or crushed rock is used for construction or maintenance of roads used to manage or harvest forest products in the Special Management Areas; and (b)    A determination by the Forest Service finds that the use does not adversely affect the scenic, cultural, natural or recreation resources.E.    Discontinuance of Existing Uses and Structures.    Except as provided in Section 40.240.170(C), any use or structure that is discontinued for one (1) year or more shall not be considered an existing use or structure. Proof of intent to abandon is not required to determine that an existing use or use of an existing structure has been discontinued.1.    Multiple Uses. An existing use or structure with more than one legally established use may discontinue one of the uses without discontinuing the others. 2.    Change in Use. An existing use or structure shall become discontinued if the use or use of the structure changes.F.    Discontinued Uses and Structures.    Re-establishment or replacement of any use or structure that has been discontinued shall be subject to all applicable policies and guidelines in the Management Plan, including, but not limited to, guidelines for land use designations and scenic, cultural, recreation and natural resources.(Amended: Ord. 2006-05-04; Ord. 2021-12-02)

A.    Proposed new review uses and development located in, providing recreation river access to, or on parcels that adjoin the Columbia River or its fishbearing tributaries shall include the following supplemental information:1.    The site plan map shall show adjacent river areas at least one-half (1/2) mile upstream and downstream from the project site, the locations at which river access is planned, and the locations of all tribal fishing sites known to the project applicant.2.    A description of the type of river access and uses proposed, estimated period when the development would be used, and anticipated levels of use (people, boats, and other uses) during peak-use periods.3.    Proposed treaty rights protection measures that will be used to avoid effects to Indian treaty or other rights. These measures may include reducing the size and modifying the location or design of the proposed uses, seasonal closures, stringent onsite monitoring, information signs, and highly visible buoys or other markers delineating fishing net locations.B.    At the same time that the county sends notice, the county shall offer to meet with or consult with the tribal government prior to making an administrative or examiner decision on the proposed development. Offers to meet or consult with a tribal government shall include phone calls and electronic communication to tribal government chairs, chief administrative officers, and natural and cultural resource staff. The county shall make more than one (1) attempt to contact a tribal government.C.    Tribal governments shall have thirty (30) calendar days from the date a notice is sent to request that the county consult with the tribal government regarding potential effects or modifications to treaty or other rights of the tribe. All substantive comments, recommendations, or concerns expressed by tribal governments during the consultation meeting shall be summarized by the county, subject to the following confidentiality standards:1.    The county shall keep confidential and may not disclose to any person or party who is not the applicant, the applicant’s representative or the necessary county planning staff and decision makers the tribal government’s comments, recommendations, and concerns, and notes of the consultation and other information related to protection of treaty rights, unless the tribal governments expressly authorizes disclosure. 2.    The confidential information shall be submitted to the Gorge Commission for review in the event of an appeal, and shall remain confidential and not subject to disclosure to any person or party other than the applicant, the applicant’s representative, the appellant, the appellant’s representative or the necessary Gorge Commission staff and Gorge Commission members unless the tribal government expressly authorizes disclosure.D.    Any time periods specified in a county ordinance to review an application shall stop when a tribal government requests consultation and shall not start again until the county meets with all tribal governments that requested consultation and the county receives all additional information and actions from the project applicant necessary to avoid effects to treaty rights to the satisfaction of the tribal governments that requested consultation.E.    A tribal government’s choice to consult with the county shall, in no way, be interpreted as a waiver of the tribe’s sovereign immunity or waiver of any claim that the proposed use affects or modifies a treaty right or other tribal rights.1.    All substantive comments, recommendations, or concerns expressed by tribal governments during the consultation meeting shall be resolved by the county or project applicant through revisions to the project application, conditions of approval, and, if necessary, in a treaty rights protection plan. The protection plan shall include measures to avoid effects or modifications to treaty and other rights of any Indian tribe.F.    Conclusion of the Treaty Rights Protection Process.1.    The administrative or examiner decision shall integrate findings of fact that address the county’s effort to meet with or consult with the tribal governments and any revisions and treaty rights protection plan resolving the tribal governments’ comments, recommendations, or concerns.2.    The treaty rights protection process may conclude if the responsible official determines that the proposed uses would not affect or modify treaty or other rights of any Indian tribe. Uses that would affect or modify such rights shall be prohibited.3.    A finding by the responsible official that the proposed uses would not affect or modify treaty or other rights, or a failure of an Indian tribe to comment or consult on the proposed uses as provided in these guidelines, in no way shall be interpreted as a waiver by the Indian tribe of a claim that such uses affect or modify treaty or other tribal rights.G.    For new development and uses in the SMA, the Forest Service shall determine effects on treaty rights and shall notify the responsible official of the determination.(Amended: Ord. 2006-05-04; Ord. 2021-12-02)ARTICLE III. USES AND STRUCTURES ALLOWED IN VARIOUS LAND USE DESIGNATIONS

A.    The size of proposed agricultural buildings shall not exceed the size needed to serve the current agricultural use and, if applicable, the proposed agricultural use.B.    To satisfy Section 40.240.200(A), applicants shall submit the following information with their land use application:1.    A description of the size and characteristics of current agricultural use.2.    An agricultural plan for any proposed agricultural use that specifies agricultural use (e.g., crops, livestock, products), agricultural areas and acreages (e.g., fields, pastures, enclosures), agricultural structures (e.g., irrigation systems, wind machines, storage bins) and schedules (e.g., plowing, planting, grazing).3.    A floor plan showing intended uses of the agricultural building (e.g., space for equipment, supplies, agricultural products, livestock).(Amended: Ord. 2006-05-04)

The responsible official shall make findings on property characteristics, parcel size and impacts to neighbors, and shall specify the maximum number of horses based on those findings and the number of recommended animal units provided in the guidance documents by the Clark Conservation District, WSU Extension Offices and the Natural Resource Conservation Service for the geographic area the application is located within.(Amended: Ord. 2009-03-02)

Temporary use hardship dwellings shall be permitted in the GMA and SMA on parcels containing a principal residential dwelling, subject to the following:A.    The temporary placement of a manufactured home, a tiny home on a trailer, or other similar structure may be granted under the following circumstances:1.    A family hardship exists where conditions relate to the necessary care for a family member and where medical conditions relate to the infirm or aged.2.    The hardship dwelling shall use the same subsurface sewage disposal system and well used by the existing dwelling, or utilize existing public sewer and water systems. In all cases well and septic systems shall be used in a manner and location to minimize impacts to resource lands.3.    The hardship dwelling is found to be consistent with the guidelines for protection of scenic, cultural, natural and recreation resources of Sections 40.240.800 through 40.240.900.4.    The structure does not require a permanent foundation.B.    A permit may be issued for a two (2) year period, subject to annual review for compliance with the provisions of this rule and any other conditions of approval.C.    Upon expiration of the permit or cessation of the hardship, whichever comes first, the hardship dwelling shall be removed within thirty (30) days. A new permit may be granted upon a finding that a family hardship continues to exist.(Amended: Ord. 2006-05-04; Ord. 2021-12-02)

A.    Sewer lines may be extended from an urban area into a rural area to serve:1.    Areas with a documented health hazard.2.    Recreation uses open to the public, only upon a demonstration by the responsible official that there is no practicable alternative to providing service to the area. In such cases, the lines shall be engineered and sized solely to serve the defined area or use. Such lines shall not be relied upon as the sole justification for revision to an urban area boundary.B.    New uses authorized in this chapter may hook up to existing sewer and water lines in rural areas.(Amended: Ord. 2006-05-04; Ord. 2021-12-02)

A.    New, private docks and boathouses serving only one (1) family and one (1) property may be allowed, up to one hundred twenty (120) square feet in size.B.    New, private docks and boathouses serving more than one (1) family and property may be allowed, up to two hundred (200) square feet in size.C.    Public docks open and available for public use may be allowed.D.    Boathouses may be allowed under Sections 40.240.230(A) and (B) only when accessory to a dwelling and associated with a navigable river or lake.(Amended: Ord. 2006-05-04; Ord. 2021-12-02)

Home occupations may be established as authorized in specified land use designations consistent with the following conditions:A.    May employ the residents of the home and up to three (3) outside employees.B.    No more than twenty-five percent (25%) of the total actual living space of the dwelling may be used for the home occupation.C.    No more than five hundred (500) square feet of an accessory structure may be used for a home occupation.D.    There shall be no outside, visible evidence of the home occupation, including outside storage.E.    Exterior structural alterations to the residence for the home occupation shall not be permitted. New structures shall not be constructed for the primary purpose of housing a home occupation.F.    No retail sales may occur on the premises.G.    One (1) nonanimated, nonilluminated sign, not exceeding two (2) square feet in area, may be permitted on the subject structure or within the yard containing the home occupation.H.    Parking not associated with residential use shall be screened so it is not visible from key viewing areas.I.    In the GMA, a bed and breakfast lodging establishment that is two (2) bedrooms or less is considered a home occupation and shall meet the guidelines of Sections 40.240.240 and 40.240.250.J.    In the SMA, a bed and breakfast lodging establishment that is two (2) bedrooms or less is considered a home occupation and shall meet the guidelines of Sections 40.240.240 and 40.240.250, except Section 40.240.250(D).(Amended: Ord. 2006-05-04; Ord. 2021-12-02)

Overnight accommodations may be established in a legal single-family dwelling, in the five (5) acre and ten (10) acre residential land use designations, consistent with the following conditions:A.    The owner of the subject parcel may rent the dwelling for up to ninety (90) room nights per year.B.    Parking areas shall be screened so they are not visible from key viewing areas.C.    The use is incidental and subordinate to the primary use of the property.D.    The dwelling must be the permanent residence of the owner and occupied by the owner during rental.E.    Commercial events are not permitted at overnight accommodations.F.    The overnight accommodation may employ up to three (3) employees other than the residents of the dwelling.G.    Land use approvals for overnight accommodations shall be valid for no more than two (2) years. Landowners must reapply for the use after a land use approval expires, demonstrating compliance with conditions of approval through financial and other records. Permits will not be renewed if there have been past violations, including failure to file.(Added: Ord. 2021-12-02)

Bed and breakfast inns may be established as authorized in specified land use designations subject to Section 40.260.050, and the following:A.    Guests may not occupy a facility for more than fourteen (14) consecutive days.B.    One (1) nonanimated, nonilluminated sign not exceeding four (4) square feet in area may be permitted on the structure or within the yard containing the structure.C.    Parking areas shall be screened so as to not be visible from key viewing areas.D.    In the SMAs, bed and breakfast inns associated with a residential use shall be allowed only in structures that are included in, or eligible for inclusion in, the National Register of Historic Places.(Amended: Ord. 2006-05-04; Ord. 2021-12-02)

Small-scale fishing support and fish processing operations in conjunction with a family-based commercial fishing business may be allowed on parcels designated GMA Residential, GMA Small Woodland, or GMA Small-Scale Agriculture, subject to the following conditions:A.    The operation shall comply with Section 40.240.180. In addition, if the operation will be located on land designated Small Woodland, then it shall also comply with Sections 40.240.540 and 40.240.550.B.    The following fishing support activities may be allowed: 1.    Maintenance, repair, and storage of boats, nets, fish totes and other commercial fishing equipment that is used in the family-based commercial fishing business; and 2.    Garaging of fish-hauling trucks, trailers and all other related equipment that is used in the family-based commercial fishing business.C.    The following fish processing activities may be allowed: cleaning, gutting, heading, and icing or freezing of fish that is caught by the family-based commercial fishing business. Other fish processing activities shall not be allowed, including, but not limited to, canning, smoking, salting or brining for wholesale or retail sale.D.    The operation shall be located on a lawful parcel that is contiguous with and has direct access to the Columbia River.E.    The subject parcel shall include a lawful dwelling, and the permanent resident of the dwelling shall participate in the fishing support and fish processing operation.F.    The operation may only employ residents of the dwelling and up to three (3) outside employees. G.    No more than twenty-five percent (25%) of the total actual living space of the dwelling may be used for the fishing support and fish processing operation.H.    The operation may take place in an existing or new lawful accessory building or an existing agricultural building on the subject parcel. A new building constructed for the purpose of housing a fishing support and fish processing operation shall be considered an accessory building. An existing agricultural building shall not be expanded and a new agricultural building shall not be constructed for the purpose of housing a fishing support and fish processing operation.I.    An accessory building used in the fishing support and fish processing operation may be allowed up to two thousand five hundred (2,500) square feet.J.    Docks may be allowed as follows:1.    One (1) dock serving a parcel with an approved fishing support and fish processing operation may be allowed up to five hundred (500) square feet in size.2.    For multiple contiguous parcels each with approved fishing support and fish processing operation, the area of the docks authorized in subsection (J)(1) of this section may be combined into one (1) dock; provided, that the total size of the dock shall not exceed two thousand (2,000) square feet. K.    There shall be no outside visible evidence of the fishing support and fish processing operation, including storage, other than boats and docks.L.    No retail sales may occur on the parcel.M.    The operation shall only support and process fish caught by residents of the dwelling and up to three (3) outside employees.N.    Before beginning the operation, applicants shall demonstrate that they have obtained and complied with federal, state and local water quality and wastewater permits.(Amended: Ord. 2006-05-04; Ord. 2021-12-02)

A.    Applications for resource enhancement projects must describe the goals and benefits of the proposed enhancement project. They must also thoroughly document the condition of the resource before and after the proposed enhancement project. Applicants shall seek technical assistance from federal, state or county technical experts for assistance in designing voluntary wetland, stream, habitat, plant, and scenic enhancement projects.B.    In addition to other guidelines that protect scenic, cultural, recreation, and natural resources, quarry enhancement projects shall comply with the following guidelines:1.    Application Requirements. In addition to other applicable requirements, land use applications for quarry enhancement projects shall include perspective drawings of the site as visible from key viewing areas as specified in Section 40.240.285 and a reclamation plan that provides at a minimum the following information:a.    A map of the site, at a scale of one (1) inch equals two hundred (200) feet (1:2,400) or a scale providing greater detail, with ten (10) foot contour intervals or less, showing pre-reclamation existing grades and post-reclamation final grades; locations of topsoil stockpiles for eventual reclamation use; location of catch basins or similar drainage and erosion control features employed for the duration of the use; and the location of storage, processing, and equipment areas employed for the duration of the use.b.    Cross-sectional drawings of the site showing pre-reclamation and post-reclamation grades.c.    Descriptions of the proposed use, in terms of estimated quantity and type of material removed, estimated duration of the use, processing activities, etc.d.    Description of drainage/erosion control features to be employed for the duration of the use.e.    A landscaping plan providing for revegetation consistent with the vegetation patterns of the subject landscape setting, indicating the species, number, size, and location of plantings for the final reclaimed grade, as well as a description of irrigation provisions or other measures necessary to ensure the survival of plantings.2.    Scenic Resource Standard. Quarry enhancement projects shall restore the site to a natural appearance that blends with and emulates surrounding landforms to the maximum extent practicable.3.    Natural Resource Standard. Sites shall be replanted using native plants found in the landscape setting or eco-region to the maximum extent practicable.4.    Time Frames. The following time frames shall apply to quarry enhancement projects:a.    All grading (e.g., excavating, filling and re-contouring) shall be completed within one (1) year of the date an applicant begins on-the-ground work.b.    All landscaping shall be planted within one (1) year of the date an applicant completes the grading.c.    An applicant may request one (1) one (1) year extension to the one (1) year grading time frame if a project is unexpectedly delayed by adverse weather or emergency/disaster. Such requests shall be considered an administrative action. An applicant shall submit such a request to the reviewing agency after grading has commenced and before the one (1) year grading time frame has expired.d.    An applicant may also request one (1) six (6) month extension to the one (1) year landscaping time frame if a project is unexpectedly delayed by adverse weather or emergency/disaster. Such requests shall be considered an administrative action. An applicant shall submit such a request to the reviewing agency after landscaping has commenced and before the one (1) year landscaping time frame has expired.C.    Enhancement of wetlands not associated with any other project proposal may be allowed if such efforts comply with the wetlands provisions in the Management Plan. Enhancement efforts shall be conducted pursuant to a written plan consistent with the provisions under Section 40.240.840(I).D.    Enhancement of streams, ponds, lakes, and riparian areas not associated with any other development proposal may be allowed. Enhancement efforts shall be conducted pursuant to a written plan consistent with the provisions under Section 40.240.840(K). E.    In the SMAs, enhancement of wetlands, streams, ponds, lakes, and riparian areas not associated with any other project proposal may be allowed if such efforts comply with the wetlands, streams, ponds, lakes, and riparian areas provisions in Section 40.240.840. Enhancement efforts shall be conducted pursuant to a written plan, consistent with the provisions described in Section 40.240.880.(Amended: Ord. 2006-05-04; Ord. 2021-12-02)

A.    Application Requirements.     In addition to other applicable requirements, land use applications for disposal sites shall include the same information that applicants are required to submit for expansion of existing quarries and exploration, development (extraction and excavation), and production of mineral resources in the GMA, including, but not limited to:1.    A reclamation plan that provides at a minimum the following information:a.    A map of the site, at a scale of one (1) inch equals two hundred (200) feet (1:2,400) or a scale providing greater detail, with ten (10) foot contour intervals or less, showing pre-reclamation existing grades and post-reclamation final grades; locations of topsoil stockpiles for eventual reclamation use; location of catch basins or similar drainage and erosion control features employed for the duration of the use; and the location of storage, processing, and equipment areas employed for the duration of the use.b.    Cross-sectional drawings of the site showing pre-reclamation and post-reclamation grades.c.    Descriptions of the proposed use, in terms of estimated quantity and type of material removed, estimated duration of the use, processing activities, etc.d.    Description of drainage/erosion control features to be employed for the duration of the use.e.    A landscaping plan providing for revegetation consistent with the vegetation patterns of the subject landscape setting, indicating the species, number, size, and location of plantings for the final reclaimed grade, as well as a description of irrigation provisions or other measures necessary to ensure the survival of plantings.2.    Perspective drawings of the site as visible from key viewing areas as specified in Section 40.240.285.3.    Cultural resource reconnaissance and historic surveys, as required by Section 40.240.820(A)(3)(a) and (b), respectively. Disposal sites shall be considered a “large-scale use” according to Section 40.240.820(A)(3)(c).4.    Field surveys to identify sensitive wildlife areas or sites and rare plants as described in Sections 40.240.860(C) and 40.240.870(C).B.    Siting Standard.     The proposed disposal site shall only be approved if the applicant demonstrates it is not practicable to locate the disposal site outside the National Scenic Area or inside an urban area. At a minimum, the applicant shall submit a feasibility and suitability analysis that compares the proposed disposal site to existing or potential disposal sites located both outside the National Scenic Area and inside an urban area.C.    Scenic Resource Standards.     Disposal sites shall comply with the same scenic resources protection standards as expansion of existing quarries and exploration, development (extraction and excavation), and production of mineral resources in the GMA, as follows:1.    Sites more than four (4) miles from the nearest key viewing area shall be visually subordinate as visible from any key viewing area, pursuant to Section 40.240.285. An interim period to achieve compliance with this requirement shall be established before approval. The period shall be based on site-specific topographic and visual conditions, but shall not exceed three (3) years beyond the start of on-the-ground activities.2.    Sites less than four (4) miles from the nearest key viewing area shall be fully screened from any key viewing area, pursuant to Section 40.240.285. An interim period to achieve compliance with this requirement shall be established before approval. The period shall be based on site-specific topographic and visual conditions, but shall not exceed one (1) year beyond the start of on-the-ground activities. Disposal activity occurring before achieving compliance with full screening requirements shall be limited to activities necessary to provide such screening (creation of berms, etc.).3.    Reclamation plans shall restore the site to a natural appearance that blends with and emulates natural landforms and vegetation patterns characteristic to the landscape setting to the maximum extent practicable.(Amended: Ord. 2006-05-04; Ord. 2006-08-21; Ord. 2021-12-02)

A.    Expansion of existing quarries and exploration, development (extraction and excavation), and production of mineral resources may be allowed where authorized in specified land use designations and consistent with subsections (B) through (G) of this section and with Section 40.250.022.B.    Expansion of existing quarries and exploration, development (extraction and excavation), and production of mineral resources proposed on sites more than four (4) miles from the nearest key viewing areas from which they are visible may be allowed upon a demonstration that:1.    The site plan requirements for such proposals pursuant to this chapter have been met.2.    The area to be mined and the area to be used for primary processing, equipment storage, stockpiling, etc., associated with the use would be visually subordinate as visible from any key viewing areas.3.    A reclamation plan to restore the site to a natural appearance that blends with and emulates distinctive characteristics of the designated landscape setting to the maximum extent practicable has been approved. At minimum, the reclamation plan shall comply with Sections 40.240.285(F) and (G).4.    A written report on a determination of visual subordinance has been completed, with findings addressing the extent of visibility of proposed mining activities from key viewing areas, including:a.    A list of key viewing areas from which exposed mining surfaces (and associated facilities/activities) would be visible.b.    An estimate of the surface area of exposed mining surfaces that would be visible from those key viewing areas.c.    The distance from those key viewing areas and the linear distance along those key viewing areas from which proposed mining surfaces are visible.d.    The slope and aspect of mining surfaces relative to those portions of key viewing areas from which they are visible.e.    The degree to which potentially visible mining surfaces are screened from key viewing areas by existing vegetation, including winter screening considerations.f.    The degree to which potentially visible mining surfaces would be screened by new plantings, berms, etc., and appropriate time frames to achieve such results, including winter screening considerations.C.    Unless addressed by Section 40.240.285(B), exploration, development (extraction and excavation), and production of mineral resources may be allowed upon a demonstration that:1.    The site plan requirements for such proposals pursuant to this chapter have been met.2.    The area to be mined and the area used for primary processing, equipment storage, stockpiling, etc., associated with the use would be fully screened from any key viewing area.3.    A reclamation plan to restore the area to a natural appearance that blends with and emulates surrounding landforms to the maximum extent practicable has been approved. At minimum, the reclamation plan shall comply with Sections 40.240.285(F) and (G).D.    An interim time period to achieve compliance with visual subordinance requirements for expansion of existing quarries and development of new quarries located more than four (4) miles from the nearest key viewing area from which it is visible shall be established before approval. The interim time period shall be based on site-specific topographic and visual conditions, but shall not exceed three (3) years beyond the date of approval.E.    An interim time period to achieve compliance with full screening requirements for new quarries located less than four (4) miles from the nearest key viewing area from which it is visible shall be established before approval. The interim time period shall be based on site-specific topographic and visual conditions, but shall not exceed one (1) year beyond the date of approval. Quarrying activity occurring before achieving compliance with full screening requirements shall be limited to activities necessary to provide such screening (creation of berms, etc.).F.    For all exploration, development (extraction and excavation), production of mineral resources and expansion of existing quarries, a reclamation plan is required to restore the site to a natural appearance that blends with and emulates distinctive characteristics inherent to its landscape setting to the maximum extent practicable. At a minimum, such reclamation plans shall include: 1.    A map of the site, at a scale of one (1) inch equals two hundred (200) feet (1:2,400) or a scale providing greater detail, with ten (10) foot contour intervals or less, showing pre-mining existing grades and post-mining final grades; locations of topsoil stockpiles for eventual reclamation use; location of catch basins or similar drainage and erosion control features employed for the duration of the use; and the location of storage, processing, and equipment areas employed for the duration of the use.2.    Cross-sectional drawings of the site showing pre-mining and post-mining grades.3.    Descriptions of the proposed use, in terms of estimated quantity and type of material removed, estimated duration of the use, processing activities, etc.4.    Description of drainage/erosion control features to be employed for the duration of the use.5.    A landscaping plan providing for revegetation consistent with the vegetation patterns of the subject landscape setting, indicating the species, number, size, and location of plantings for the final reclaimed grade, as well as a description of irrigation provisions or other measures necessary to ensure the survival of plantings.6.    If the site is visible from key viewing areas, the applicant shall also submit perspective drawings of the proposed mining areas as visible from applicable key viewing areas. G.    All reclamation plans for new quarries or expansion of existing quarries shall be sent to the appropriate state reclamation permitting agency for review and comment. The reviewing agency may request technical assistance from state agencies on reclamation plans for proposed mining not within the state agency’s jurisdiction. The state agency shall have thirty (30) calendar days from the date a reclamation plan is sent to submit written comments on the proposal. State agency comments shall address the following: 1.    Whether the proposed mining is subject to state reclamation permit requirements;2.    If subject to state jurisdiction, whether an application has been received for a state reclamation permit and, if so, the current status of the application; and3.    For uses subject to state jurisdiction, any issues or concerns regarding consistency with state reclamation requirements, or any suggested modifications to comply with state reclamation requirements.(Added: Ord. 2021-12-02)

A.    Commercial events include weddings, receptions, indoor concerts, farm dinners, or events similar in size and activity and must be incidental and subordinate to the primary use on a parcel.B.    Commercial events may be allowed in the GMA except on lands designated Open Space or Commercial Forest, subject to compliance with the following conditions and the scenic, cultural, natural and recreation resources guidelines:1.    The use must be in conjunction with an on-site lawful wine or cider sales and tasting room, bed and breakfast inn, or commercial use. If the use is proposed on a property with a building on or eligible for the National Register of Historic Places, it shall be subject to Section 40.240.310 and not the requirements of this section.2.    The owner of the subject parcel shall live on the parcel and shall operate and manage the use.3.    A single commercial event shall host no more than one hundred (100) guests.4.    The use shall comply with the following parking requirements:a.    A single commercial event shall include no more than fifty (50) vehicles for guests;b.    All parking shall occur on the subject parcel;c.    At least two hundred (200) square feet of parking space shall be required for each vehicle;d.    Parking areas may be developed using paving blocks, gravel, or other pervious surfaces; asphalt, concrete and other imperious materials shall be prohibited; ande.    All parking areas shall be fully screened from key viewing areas.5.    The owner of the subject parcel may conduct eighteen (18) single events up to one (1) day in length per year.6.    The owner of the subject parcel shall notify the reviewing agency and all owners of land within five hundred (500) feet of the perimeter of the subject parcel of each planned event. The notice shall be in writing and shall be sent at least seven (7) calendar days before an event.7.    Tents, canopies, portable restrooms and other similar temporary structures necessary for a commercial event may be allowed; provided, that all such structures are erected or placed on the subject parcel no more than two (2) days before the event and removed no more than two (2) days after the event. Alternatively, temporary structures may remain in place for up to ninety (90) days if they are fully screened from key viewing areas.8.    The use may be allowed upon demonstration that the following conditions exist to protect any nearby agricultural and forest operations:a.    The use would not force a change in or increase the cost of accepted agricultural practices on surrounding lands.b.    The use would be set back from any abutting parcel designated Large-Scale or Small-Scale Agriculture, as required in Section 40.240.130 or designated Commercial Forest Land or Large or Small Woodland, as required in Section 40.240.550.c.    A declaration has been signed by the landowner and recorded into county deeds and records specifying that the owners, successors, heirs and assigns of the subject parcel are aware that adjacent and nearby operators are entitled to carry on accepted agriculture or forest practices on lands designated Large-Scale or Small-Scale Agriculture, Commercial Forest Land or Large or Small Woodland.d.    All owners of land in areas designated Large-Scale or Small-Scale Agriculture, Commercial Forest Land, or Large or Small Woodland that is within five hundred (500) feet of the perimeter of the subject parcel on which the use is proposed to be located have been notified and given at least ten (10) days to comment prior to an administrative or examiner’s decision.e.    Counties may impose additional requirements to address potential impacts to surrounding neighbors. For example, they may limit noise, lighting and operating hours.f.    Land use approvals for commercial events shall not be valid for more than two (2) years. Landowners must reapply for the use after a land use approval expires.9.    A yearly report shall be submitted to the reviewing agency by January 31st reporting on the events held the previous year. This report shall include the number of events held, how many people were in attendance, and copies of catering contracts or other vendors used to verify.10.    Permits shall not be renewed if there have been past violations, including failure to file.(Amended: Ord. 2006-05-04; Ord. 2021-12-02)

A.    Signs may be allowed in all zoning districts in the GMA pursuant to the following provisions:1.    Except for signs along public highways necessary for public safety, traffic control or road construction which are consistent with the Manual on Uniform Traffic Control Devices (2012, or most recent version), the following signs are prohibited:a.    Luminous signs or those with intermittent or flashing lights. These include neon signs, fluorescent signs, light displays and other signs which are internally illuminated, exclusive of seasonal holiday light displays;b.    New billboards;c.    Signs with moving elements; andd.    Portable or wheeled signs, or signs on parked vehicles where the sign is the primary use of the vehicle.2.    Any sign which does not conform with a provision of this section and has existed prior to adoption of the Management Plan shall be considered nonconforming and subject to the following:a.    Alteration of existing nonconforming signs shall comply with this section.b.    Any nonconforming sign used by a business must be brought into conformance concurrent with any expansion or change in use which requires a development permit.3.    All signs shall meet the following guidelines unless they conflict with the Manual on Uniform Traffic Control Devices for public safety, traffic control or highway construction signs. In such cases, the standards in the Manual on Uniform Traffic Control Devices (2012, or most recent version) shall supersede these guidelines.a.    The support structure shall be unobtrusive and have low visual impact.b.    Lettering colors with sufficient contrast to provide clear message communication shall be allowed. Colors of signs shall blend with their setting to the maximum extent practicable.c.    Backs of all signs shall be unobtrusive, nonreflective, and blend in with the setting.d.    Spot lighting of signs may be allowed where needed for night visibility. Backlighting is not permitted for signs.e.    In addition to subsections (A)(3)(a) through (A)(3)(d) of this section, signs shall meet the below guidelines according to recreation intensity class (and subject to compliance with Sections 40.240.890(D) and (E)): (1)    Recreation Intensity Class 1 (Very Low Intensity). Simple interpretive signs or displays, not to exceed a total of fifty (50) square feet. Entry name signs, not to exceed ten (10) square feet per sign.(2)    Recreation Intensity Class 2 (Low Intensity). Simple interpretive signs and displays, not to exceed a total of one hundred (100) square feet. Entry name signs, not to exceed twenty (20) square feet per sign.(3)    Recreation Intensity Class 3 (Moderate Intensity). Interpretive signs, displays or facilities. Visitor information and environmental education signs, displays, or facilities. Entry name signs, not to exceed thirty-two (32) square feet per sign.(4)    Recreation Intensity Class 4 (High Intensity). Entry name signs, not to exceed forty (40) square feet per sign.f.    For recreation facility design projects, signs shall be limited to those necessary to provide relevant recreation or facility information, interpretive information, vehicular and pedestrian direction, and for safety purposes.B.    Signs in the SMA may be allowed pursuant to the following provisions:1.    Prohibited Signs.a.    Advertising billboards.b.    Signs that move or give the appearance of moving, except signs used for highway construction, warning or safety.c.    Portable or wheeled signs, or signs on parked vehicles where the sign is the primary use of the vehicle, except for signs used for highway construction, warning or safety.2.    Pre-existing signs are allowed to continue; provided, that no changes occur in size, structure, color, or message.3.    New signs may be allowed as specified in the applicable zoning district.4.    No sign shall be erected or placed in such a manner that it may interfere with, be confused with, or obstruct the view of any traffic sign, signal, or device.5.    Except for signs allowed without review pursuant to Section 40.240.120, all new signs shall meet the following guidelines, and be consistent with the Manual on Uniform Traffic Control Devices (2012, or most recent version):a.    Signs shall be maintained in a neat, clean and attractive condition.b.    The character and composition of sign materials shall be harmonious with the landscape and related to and compatible with the main structure upon which the sign is attached.c.    Signs shall be placed flat on the outside walls of buildings, not on roofs or marquees.d.    Signs shall be unobtrusive and have low contrast with the setting.e.    The visual impact of the support structure shall be minimized.f.    Outdoor sign lighting shall be used for purposes of illumination only, and shall not be designed for, or used as, an advertising display, except for road safety signs.g.    Backs of all signs shall be visually unobtrusive, nonreflective, and blend in with the setting.h.    Sign internal illumination or backlighting shall not be permitted except for highway construction, warning or safety.6.    Public signs shall meet the following guidelines in addition to subsections (B)(2) through (B)(5) of this section:a.    The Graphic Signing System provides design guidelines for public signs in and adjacent to public road rights-of-way. All new and replacement public signs, except those transportation regulatory, guide, and warning signs allowed outright shall conform to the guidelines in this system. Types of signs addressed include recreation site entry, interpretive, specific service signs, destination and distance signs, variable message signs, or signs that bridge or are cantilevered over the road surface.b.    Signs located outside public road rights-of-way are encouraged to be designed in such a way as to be consistent with similar purpose signs described in the Graphic Signing System.c.    Signs posted by governmental jurisdictions giving notice to the public shall be no larger than that required to convey the intended message.7.    Signs for public and commercial recreation facilities, home occupations, and commercial uses shall meet the following guidelines in addition to subsections (B)(2) through (B)(5) of this section:a.    Any sign advertising or relating to a business which is discontinued for a period of thirty (30) consecutive days shall be presumed to be abandoned and shall be removed within thirty (30) days thereafter, unless permitted otherwise by the jurisdictional authority.b.    Any signs relating to, or advertising, a business shall be brought into conformance with these sign guidelines prior to any expansion or change in use which is subject to review.c.    Off-site and on-site directional signs on approach roads to recreational facilities may be permitted. Name and interpretive signs may be permitted on-site, but should be kept to the minimum required to achieve the purpose(s) of the facilities.d.    Commercial recreation businesses approved in conjunction with a recreational facility may have a name sign not exceeding sixteen (16) square feet.e.    Recreation developments may have one (1) on-premises name sign at each principal entrance. Such signs are encouraged to be of a low profile, monument type, and shall conform to the Graphic Signing System.8.    Sign clutter and other negative visual effects from excessive signs along all roads and highways, and at parking lots and recreation facilities, shall be reduced.(Amended: Ord. 2006-05-04; Ord. 2008-06-02; Ord. 2021-12-02)

Special uses in historic buildings are allowed pursuant to the following:A.    For the purposes of this section, “historic buildings” means buildings either on or eligible for the National Register of Historic Places. Eligibility for the National Register shall be determined pursuant to Section 40.240.310(C)(1)(a).B.    Additional Review Uses for Historic Buildings.1.    Properties in all GMA land use designations except Open Space and Agriculture-Special with buildings included on the National Register of Historic Places may be permitted to hold commercial events, subject to the guidelines of Sections 40.240.800 through 40.240.900, and Sections 40.240.310(C)(1)(b) through (C)(1)(e) and (C)(2) through (C)(4).2.    Properties in all GMA land use designations except Open Space and Agriculture-Special with buildings included on the National Register of Historic Places and which were former restaurants or inns may be permitted to re-establish these former uses, subject to the guidelines of Sections 40.240.800 through 40.240.900, and Sections 40.240.310(C)(1)(b)(1) and (C)(1)(b)(2), (C)(1)(c) through (C)(1)(e), and (C)(2) through (C)(4). The capacity of restaurant use and overnight accommodation shall be limited to that existing in the former use, and the former use shall be contained within the limits of the building as of January 1, 2006. Banquets, private parties, and other special events that take place entirely within an approved restaurant facility shall be considered a restaurant use allowed under this section.3.    Properties in all GMA land use designations except Open Space and Agriculture-Special with buildings included on the National Register of Historic Places may be permitted to be open for public viewing, interpretive displays, and an associated gift shop that is no larger than one hundred (100) square feet and incidental and subordinate to the primary use of the property, subject to the guidelines of Sections 40.240.800 through 40.240.900, and Sections 40.240.310(C)(1)(b)(1) and (C)(1)(b)(2), (C)(1)(c) through (C)(1)(e), and (C)(2) through (C)(4). Voluntary donations and fees to support maintenance, preservation and enhancement of the cultural resource may be accepted by the landowner.4.    The following additional review uses may be allowed in all GMA land use designations except Open Space and Agriculture-Special on a property with a building either on or eligible for the National Register of Historic Places and that was fifty (50) years old or older as of January 1, 2006, subject to the guidelines of Sections 40.240.800 through 40.240.900, and Section 40.240.310(C):a.    Establishments selling food and beverages, limited to historic buildings that originally had kitchen facilities. The seating capacity of such establishments shall be limited to the building as the building existed on January 1, 2006, including any decks, terraces, or patios also existing as of that date. Banquets, private parties, and other special events that take place entirely within approved establishments selling food and beverages shall be considered part of the approved use.b.    Overnight accommodations, and the room capacity of such accommodations shall be limited to the number of existing rooms in the historic building as of January 1, 2006.c.    Commercial events in the building or on the subject property, incidental and subordinate to the primary use of the property.d.    Wineries, and cideries, within a historic building, as the building existed on January 1, 2006, in conjunction with an on-site vineyard or orchard, upon a showing that processing of wine or cider is from fruits harvested on the subject parcel and the local region.e.    Sales/tasting rooms in conjunction with an on-site winery or cidery, within a historic building, as the building existed on January 1, 2006.f.    Conference or retreat facilities within a historic building, as the building existed on January 1, 2006.g.    Artists studios and galleries within a historic building, as the building existed on January 1, 2006.h.    Gift shops within a historic building, as the building existed on January 1, 2006, that are:(1)    Incidental and subordinate to another approved use included in Section 40.240.310(B)(4); and(2)    No larger than one hundred (100) square feet.i.    Interpretative displays, picnic areas or other recreational day use activities on the subject property.j.    Parking areas on the subject property to support any of the uses in this subsection.5.    Uses in subsections (B)(1) and (B)(4)(c) of this section are not subject to the requirements of Section 40.240.290. Commercial events at historic properties are regulated by this section. Applications for commercial events shall meet the requirements of Section 40.240.310(C)(1)(b)(4). The following apply to commercial events at historic buildings:a.    Commercial events include weddings, receptions, indoor concerts, farm dinners, or events similar in size and activity and must be incidental and subordinate to the primary use of the parcel.b.    The owner of the subject property shall notify the reviewing agency and all owners of land within five hundred (500) feet of the perimeter of the subject property of each event. The notice shall be in writing and shall be sent at least seven (7) calendar days before an event.6.    Uses in subsections (B)(3) and (B)(4)(i) are not subject to the parking limits in Section 40.240.890.7.    Land use approvals for special uses in historic buildings shall be subject to review by the county every five (5) years from the date the original approval was issued. As part of this review, the applicant shall submit to the responsible official documentation on the progress made in implementing the protection and enhancement plan required by Section 40.240.310(C)(1)(b). The responsible official shall submit a copy of such documentation to the State Historic Preservation Officer (SHPO). The SHPO shall have thirty (30) calendar days from the date this information is sent to submit written comments to the responsible official. If the responsible official or examiner’s determination contradicts comments from the SHPO, the responsible official or examiner shall justify how the opposing conclusion was reached. The responsible official shall revoke the land use approval if the owner has failed to implement the actions described in the protection and enhancement plan according to the schedule for completing such actions in this plan. The responsible official, however, may allow such a use to continue for up to one (1) additional year from the date it is determined that the applicant has failed to implement the actions if the applicant submits a written statement describing unforeseen circumstances that prevented the applicant from completing the specified actions according to the approved schedule, what progress the applicant has made towards completing such actions, and a proposed revised schedule for completing such actions.(Amended: Ord. 2006-08-21)C.    Additional Resource Protection Standards for Uses in Historic Buildings. The following standards apply to the proposed uses listed in subsection (B) of this section, in addition to the requirements of Sections 40.240.800 through 40.240.900:1.    Cultural Resources.a.    All applications for uses listed in Section 40.240.310(B)(4) shall include a historic survey and evaluation of eligibility for the National Register of Historic Places, to be prepared by a qualified professional hired by the applicant. The evaluation of eligibility shall not be required for buildings previously determined to be eligible. For such properties, documentation of a prior eligibility determination shall be included in the application. The historic survey shall meet the requirements specified in “Historic Surveys and Reports” (Part I, Chapter 2: Cultural Resources). The evaluation of eligibility shall follow the process and include all information specified in the National Register Bulletin “How to Apply the National Register Criteria for Evaluation” (National Park Service, National Register Bulletin No. 15). Eligibility determinations shall be made by the responsible official, based on input from the SHPO. The responsible official shall submit a copy of any historic survey and evaluation to the SHPO. The SHPO shall have thirty (30) calendar days from the date this information is sent to submit written comments on the eligibility of the property to the responsible official. If the responsible official or examiner’s determination contradicts comments from the SHPO, the responsible official or examiner shall justify how the opposing conclusion was reached.b.    Applications for Special Uses for Historic Buildings shall include a protection and enhancement plan which shall include the following:(1)    A description of how the proposed use will significantly contribute to the protection and enhancement of the historic resource, including specific actions that will be taken towards restoration, protection and enhancement, and adequate maintenance of the historic resource, and a proposed schedule for completing such actions.(2)    A statement addressing consistency of the proposed use with the Secretary of the Interior’s Standards for Rehabilitation of Historic Properties and the Secretary of the Interior’s Standards for Preservation of Historic Properties.(3)    Detailed architectural drawings and building plans that clearly illustrate all proposed exterior alterations to the building associated with the proposed use. Any exterior additions to the building or outdoor components of the proposed use (e.g., parking areas, site for temporary structures, interpretive displays) shall be shown on the use plan.(4)    Any proposal for commercial events at a historic property shall include an operation plan for commercial events, to be incorporated into the protection and enhancement plan. The operational plan shall include sufficient information to demonstrate how the commercial events will remain incidental and subordinate to the primary use of the property, and shall, at a minimum, address:(a)    Number of events to be held annually;(b)    Maximum size of events, including number of guests and vehicles at the proposed parking area;(c)    Provisions for temporary structures, including location and type of structures anticipated; and(d)    How the proposed commercial events will contribute to protection and enhancement of the historic resource.c.    The responsible official shall submit a copy of the protection and enhancement plan to the SHPO. The SHPO shall have thirty (30) calendar days from the date this information is sent to submit written comments to the responsible official. The SHPO shall address consistency of the proposed use with the Secretary of the Interior’s Standards for Rehabilitation of Historic Properties and the Secretary of the Interior’s Standards for Preservation of Historic Properties, and the effect of the proposed use on the historic resource.d.    The proposed use has been determined by the responsible official to have no effect or no adverse effect on the historic character of the property, including features of the property contributing to its historic significance. If the responsible official or examiner’s decision contradicts the comments submitted by the SHPO, the responsible official or examiner shall justify how it reached its opposing conclusion.e.    Proposed alterations to the building or surrounding area associated with the proposed use have been determined by the responsible official to be consistent with the Secretary of the Interior’s Standards for Rehabilitation of Historic Properties and the Secretary of the Interior’s Standards for Preservation of Historic Properties. If the responsible official or examiner’s decision contradicts the comments submitted by the SHPO, the responsible official or examiner shall justify how it reached its opposing conclusion.2.    Scenic Resources.a.    New parking areas associated with the proposed use shall be located on the subject property as it existed on January 1, 2006. Such parking areas may be developed using paving blocks, gravel, or other pervious surfaces; asphalt and other impervious materials shall be prohibited.b.    New parking areas associated with the proposed use shall be visually subordinate from key viewing areas, and shall, to the maximum extent practicable, use existing topography and existing vegetation to achieve visual subordinance. New screening vegetation may be used if existing topography and vegetation are insufficient to help make the parking area visually subordinate from key viewing areas, if such vegetation would not adversely affect the historic character of the building’s setting.c.    Temporary structures associated with a commercial event (i.e., tents, canopies, portable restrooms) shall be placed on the subject property no earlier than two (2) days before the event and removed within two (2) days after the event. Alternatively, temporary structures may remain in place for up to ninety (90) days after the event if the responsible official or examiner determines that they will be visually subordinate from key viewing areas.3.    Recreation Resources. The proposed use shall not detract from the use and enjoyment of existing recreation resources on nearby lands.4.    Agricultural and Forest Lands.a.    The proposed use is compatible with and will not interfere with accepted forest or agricultural practices on nearby lands devoted to such uses.b.    The proposed use will be sited to minimize the loss of land suitable for production of crops, livestock, or forest products.c.    A declaration has been signed by the landowner and recorded into county deeds and records specifying that the owners, successors, heirs and assigns of the subject property are aware that adjacent and nearby operators are entitled to carry on accepted agriculture or forest practices on lands designated Large-Scale or Small-Scale Agriculture, Agriculture-Special, Commercial Forest Land, or Large or Small Woodland.d.    All owners of land in areas designated Large-Scale or Small-Scale Agriculture, Agriculture-Special, Commercial Forest Land, or Large or Small Woodland that are within five hundred (500) feet of the perimeter of the subject property on which the use is proposed to be located have been notified and given at least ten (10) days to comment prior to an administrative or examiner’s decision on an application for a special use for a historic building.(Amended: Ord. 2006-05-04; Ord. 2021-12-02)

A.    Production of electrical power, including, but not limited to, wind and solar production, for commercial purposes is considered an industrial use and is prohibited.B.    Solar and wind power generation that is accessory to a primary structure or allowed use is not considered an industrial use and may be permitted; provided, that the capacity for power generation is limited to the expected annual electrical power need of the structure or use. The generating equipment may serve only the parcel on which it is located, or an adjacent parcel in the same ownership and used in conjunction with the subject parcel. Sale of power back to the electrical grid is permitted; provided, that it is an occasional event, not ongoing over the course of the year.C.    Equipment attached to an existing structure is an addition to the structure on which it is located.D.    Freestanding equipment is a new accessory structure.(Added: Ord. 2021-12-02)ARTICLE IV. LAND DIVISIONS AND LOT LINE ADJUSTMENTS

A.    New land divisions in the SMA are not allowed, unless the creation of a new parcel will facilitate land acquisition by the federal government to achieve the policies and guidelines in the Management Plan.B.    New land divisions may be permitted in the GMA if the following are met:1.    Proposed land divisions comply with Chapter 40.510 and the procedural requirements of Chapters 40.520 and 40.540. Divisions of land resulting in four (4) or fewer lots shall be reviewed under the procedures of Sections 40.540.030 and 40.510.020. Divisions of land resulting in five (5) or more lots shall be reviewed under the procedures of Sections 40.540.040 and 40.510.030. 2.    Lots resulting from such proposed land divisions shall comply with all applicable provisions of this chapter, including minimum specified lot sizes and associated zoning maps.C.    Unless otherwise specified, creation of a parcel, regardless of size, or any division of land shall be subject to the guidelines of this chapter.D.    At the time of creation of one (1) or more new parcels, consolidation of access shall be considered in order to reduce adverse effects on scenic, cultural, natural and recreation resources.E.    Land divisions shall be limited in deer and elk winter range and turkey habitat as outlined in Sections 40.240.470 and 40.240.570.(Amended: Ord. 2006-05-04; Ord. 2021-12-02)

A.    The following guidelines shall apply to lot line adjustments in the GMA:1.    Lot line adjustments for parcels in all land use designations except Open Space, Commercial, Public Recreation, or Commercial Recreation shall comply with the following standards: a.    The lot line adjustment shall not result in the creation of any new parcel(s).b.    The lot line adjustment shall not result in the potential to create a new parcel(s) or residential development in excess of the maximum density allowed by the land use designation(s) for the affected parcels.c.    The lot line adjustment shall not allow a parcel that is equal to or larger than the minimum parcel size before the lot line adjustment to become less than the minimum parcel size after the lot line adjustment, except to allow a public or nonprofit entity to acquire land for the purpose of protecting and enhancing scenic, cultural, recreation or natural resources; provided, that the land to be acquired would be protected by a conservation easement or other similar property restriction that precludes future land divisions and development.d.    The lot line adjustment shall not allow a parcel that is smaller than the minimum parcel size to be reduced in size, except to accomplish one of the following purposes:(1)    Resolve boundary disputes, correct physical encroachments, provide reasonable access, or meet buffer or setback requirements; provided, that (a) the parcel to be enlarged would not become eligible for a subsequent land division, and (b) the amount of land transferred would be the minimum necessary to resolve the issue. (2)    Allow a public or nonprofit entity to acquire land for the purpose of protecting and enhancing scenic, cultural, recreation or natural resources; provided, that the land to be acquired would be protected by a conservation easement or other similar property restriction that precludes future land divisions and development.e.    The lot line adjustment shall not allow the boundary of a parcel designated Large-Scale Agriculture, Commercial Forest Land, Large Woodland or Open Space to be extended into another land use designation for the purpose of establishing a dwelling under less stringent guidelines (e.g., extending a parcel designated GMA Large-Scale Agriculture into a parcel designated Rural Center or Residential). f.    The lot line adjustment shall not allow previously approved parcels or development to violate conditions of approval or become out of compliance or further out of compliance with existing land use and resource protection guidelines, including, but not limited to, requirements for buffer zones and landscaping.g.    The lot line adjustment shall not result in a parcel that cannot comply with existing land use and resource protection guidelines, including, but not limited to, requirements for buffer zones and landscaping.2.    Lot line adjustments for parcels designated Open Space shall comply with the following standards:a.    The lot line adjustment may be allowed upon demonstration that it is necessary to facilitate efforts to protect and enhance scenic, cultural, natural, or recreation resources. There is no specified minimum parcel size for parcels designated Open Space.b.    The lot line adjustment shall comply with subsections (A)(1)(a), (b), (e), (f) and (g) of this section.3.    Lot line adjustments for parcels designated Commercial shall comply with subsections (A)(1)(a), (b), (e), (f) and (g) of this section. 4.    Lot line adjustments for parcels designated Public Recreation or Commercial Recreation shall comply with the following standards:a.    The lot line adjustment may be allowed upon demonstration that it is necessary to facilitate, enhance, or otherwise improve recreation uses on the parcel. There are no specified minimum parcel sizes for parcels designated Public Recreation or Commercial Recreation.b.    The lot line adjustment shall comply with subsections (A)(1)(a), (b), (e), (f) and (g) of this section.(Amended: Ord. 2008-06-02)B.    The following guidelines shall apply to lot line adjustments in the SMA:1.    The proposed lot line adjustment shall not result in the creation of any new parcel(s). 2.    A lot line adjustment shall not result in a parcel greater than or equal to forty (40) acres with a dwelling becoming less than forty (40) acres. 3.    A lot line adjustment shall not result in a parcel less than forty (40) acres becoming forty (40) acres or greater. 4.    A parcel that is smaller than forty (40) acres shall not be reduced in size, except to accomplish one of the following purposes:a.    Resolve boundary line disputes, correct physical encroachments, provide reasonable access, or meet buffer or setback requirements; provided, that (1) the parcel to be enlarged would not become forty (40) acres or greater, and (2) the amount of land transferred would be the minimum necessary to resolve the issue. b.    Allow a public or nonprofit entity to acquire land for the purpose of protecting and enhancing scenic, cultural, recreation or natural resources; provided, that the land to be acquired would be protected by a conservation easement or other similar property restriction that precludes residential development.5.    The lot line adjustment shall not cause previously approved parcels or development to violate conditions of approval or become out of compliance or further out of compliance with existing land use and resource protection guidelines, including, but not limited to, requirements for buffer zones and landscaping.6.    The lot line adjustment shall not result in a parcel that cannot comply with existing land use and resource protection guidelines, including, but not limited to, requirements for buffer zones and landscaping.(Amended: Ord. 2006-05-04; Ord. 2008-06-02; Ord. 2021-12-02)

A.    A unit of land shall be consolidated with adjacent lands in the same ownership if the unit of land:1.    Is smaller than the current minimum parcel size; 2.    Is located within a final subdivision, division of land created by record of survey, or division of land created by other means of greater than four (4) lots; and 3.    Is older than five (5) years from the date of filing.B.    No portion of a consolidated plat shall be considered a separate parcel solely because an existing parcel overlays, and possibly fragments, that consolidated subdivision.C.    Section 40.240.390(A) shall not be applied to consolidate two (2) or more units of land where each unit of land is developed with a dwelling that qualifies as an existing use or is subject to a fully complete application to develop a dwelling. One (1) or more undeveloped units of land shall be consolidated with one (1) or more developed units of land.(Amended: Ord. 2006-05-04; Ord. 2021-12-02)ARTICLE V. LAND USE DESIGNATIONS

Sections 40.240.400 through 40.240.470 shall apply to those areas zoned Gorge Large-Scale, Small-Scale Agriculture or Gorge SMA Agriculture on the Scenic Area Land Use Designation Map.(Amended: Ord. 2006-05-04)

The uses listed in Section 40.240.120(A) are allowed without review on lands designated Large-Scale Agriculture, Small-Scale Agriculture or SMA Agriculture.(Amended: Ord. 2006-05-04)

The uses listed in Section 40.240.060 are allowed with review through the expedited development review process on lands designated Large-Scale Agriculture, Small-Scale Agriculture or SMA Agriculture.(Amended: Ord. 2006-05-04)

A.    The following uses may be allowed on lands zoned Gorge Large-Scale or Small-Scale Agriculture pursuant to compliance with Sections 40.240.800 through 40.240.900:1.    New cultivation, pursuant to compliance with Sections 40.240.820 through 40.240.870, and upon demonstration that the landowner has sufficient water to support the use.2.    Agricultural structures in conjunction with agricultural use including new cultivation.3.    Agricultural buildings in conjunction with current agricultural use and, if applicable, proposed agricultural use that a landowner would initiate within one (1) year and complete within five (5) years, pursuant to Section 40.240.200.4.    Accessory structures for an existing or approved dwelling that are not otherwise allowed outright, eligible for the expedited development review process, or allowed in subsections (A)(5) and (6) of this section.5.    Accessory building(s) larger than two hundred (200) square feet in area or taller than ten (10) feet in height for a dwelling on any legal parcel less than or equal to ten (10) acres in size are subject to the following additional standards:a.    The combined footprints of all accessory buildings on a single parcel shall not exceed one thousand five hundred (1,500) square feet in area. This combined size limit refers to all accessory buildings on a parcel, including buildings allowed without review, existing buildings and proposed buildings.b.    The height of any individual accessory building shall not exceed twenty-four (24) feet.6.    Accessory building(s) larger than two hundred (200) square feet in area or taller than ten (10) feet in height for a dwelling on any legal parcel larger than ten (10) acres in size are subject to the following additional standards:a.    The combined footprints of all accessory buildings on a single parcel shall not exceed two thousand five hundred (2,500) square feet in area. This combined size limit refers to all accessory buildings on a parcel, including buildings allowed without review, existing buildings and proposed buildings.b.    The footprint of any individual accessory building shall not exceed one thousand five hundred (1,500) square feet.c.    The height of any individual accessory building shall not exceed twenty-four (24) feet.7.    The temporary use of a manufactured home, tiny house on a trailer, or similar structure in the case of a family hardship, subject to Section 40.240.210.8.    On lands zoned Gorge Large-Scale Agriculture, a single-family dwelling in conjunction with agricultural use, upon a demonstration that all of the following conditions exist:a.    The subject farm or ranch (including all of its constituent parcels, contiguous or otherwise) has no other dwellings that are vacant or currently occupied by persons not directly engaged in farming or working on the subject farm or ranch and that could be used as the principal agricultural dwelling; andb.    The farm or ranch upon which the dwelling will be located is currently devoted to agricultural use, where the day-to-day activities of one (1) or more residents of the agricultural dwelling will be principally directed to the agricultural use of the land. Current use includes a minimum area which would satisfy Section 40.240.430(A)(8)(c)(4); andc.    The farm or ranch is a commercial agricultural enterprise as determined by an evaluation of the following factors:(1)    Size of the entire farm or ranch, including all land in the same ownership;(2)    Type(s) of agricultural uses (crops, livestock) and acreage;(3)    Operational requirements for the particular agricultural use that are common to other agricultural operations in the area; and(4)    Annual income. The farm or ranch, and all its constituent parcels, produce at least eighty thousand dollars ($80,000) in gross annual income in 2020 dollars. This gross annual income amount shall be indexed for inflation on an annual basis using Consumer Price Index data from the U.S. Bureau of Labor Statistics, and the new adjusted amount for each calendar year (calculated from 2020 dollars) will be posted on the Gorge Commission website by January 15th of each year. This determination shall be made using the following formula:9.    On lands zoned Gorge Large-Scale Agriculture, a second single-family dwelling in conjunction with agricultural use when the dwelling would replace an existing dwelling which is included in, or is eligible for inclusion in, the National Register of Historic Places, in accordance with the criteria for use in evaluating the eligibility of cultural resources contained in the National Register Criteria for Evaluation (36 CFR 60.4).10.    On lands zoned Gorge Small-Scale Agriculture, a single-family dwelling on any legally created and existing parcel.11.    On lands zoned Gorge Large-Scale Agriculture, a single-family dwelling for an agricultural operator’s relative; provided, that all of the following conditions exist:a.    The dwelling would be occupied by a relative of the agricultural operator or of the agricultural operator’s spouse who will be actively engaged in the management of the farm or ranch. “Relative” means grandparent, grandchild, parent, child, brother or sister;b.    The dwelling would be located on the same parcel as the dwelling of the principal operator; andc.    The operation is a commercial enterprise as determined by Section 40.240.430(A)(8)(c).12.    Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation and natural resources, pursuant to Section 40.240.270. These projects may include new structures (e.g., fish ladders, sediment barriers) or activities (e.g., closing and revegetating unused roads, recontouring abandoned quarries).13.    Towers and fire stations for forest fire protection.14.    Agricultural labor housing upon a showing that:a.    The proposed housing is necessary and accessory to a current agricultural use;b.    The housing shall be seasonal unless it is shown that an additional full-time dwelling is necessary to the current agricultural use of the subject farm or ranch unit. Seasonal use shall not exceed nine (9) months; andc.    The housing will be located to minimize the conversion of lands capable of production of farm crops or livestock and shall not force a significant change in or significantly increase the cost of accepted agricultural practices employed on nearby lands devoted to agricultural use.15.    On lands designated Gorge Large-Scale Agriculture, on a parcel which was legally created and existed prior to November 17, 1986, a single-family dwelling not in conjunction with agricultural use upon a demonstration that all of the following conditions exist:a.    The dwelling will not force a change in or increase the cost of accepted agricultural practices on surrounding lands;b.    The subject parcel is predominantly unsuitable for the production of farm crops and livestock, considering soils, terrain, location and size of the parcel. Size alone shall not be used to determine whether a parcel is unsuitable for agricultural use. An analysis of suitability shall include the capability of the subject parcel to be utilized in conjunction with other agricultural operations in the area;c.    The dwelling shall be set back from any abutting parcel designated Gorge Large-Scale or Small-Scale Agriculture, as required in Section 40.240.130(A) or any abutting parcels zoned Gorge Large or Small Woodland, as required in Section 40.240.140;d.    A declaration has been signed by the landowner and recorded into county deeds and records specifying that the owners, successors, heirs and assigns of the subject property are aware that adjacent and nearby operators are entitled to carry on accepted agriculture or forest practices on lands zoned Gorge Large-Scale or Small-Scale Agriculture, or Gorge Small Woodland; ande.    All owners of land in areas zoned Gorge Large-Scale or Small-Scale Agriculture, or Gorge Small Woodland, within five hundred (500) feet of the perimeter of the subject parcel on which the dwelling is proposed to be located have been notified and given at least ten (10) days to comment prior to an administrative or examiner’s decision.16.    Life estates, pursuant to Section 40.240.450.17.    Land divisions, subject to Section 40.240.370.18.    Lot line adjustments that would result in the potential to create additional parcels through subsequent land divisions, pursuant to Section 40.240.380.19.    Additions to existing buildings greater than two hundred (200) square feet in area or greater than the height of the existing building.20.    Docks and boathouses, pursuant to Section 40.240.230.21.    Removal/demolition of structures that are fifty (50) or more years old, including wells, septic tanks and fuel tanks.22.    Commercial events, pursuant to Section 40.240.290.23.    Placement of structures necessary for continued public safety and the protection of private property and essential public services damaged during an emergency/disaster event. This includes the replacement of temporary structures erected during such events with permanent structures performing an identical or related function. Land use proposals shall be submitted within twelve (12) months following an emergency/disaster event.B.    The following uses may be allowed on lands zoned Gorge SMA Agriculture, pursuant to compliance with Sections 40.240.800 through 40.240.900. The use or development shall be sited to minimize the loss of land suitable for the production of agricultural crops or livestock:1.    New cultivation or new agricultural use outside of previously disturbed and regularly worked fields or areas. Clearing trees for new agricultural use is subject to the additional requirements of Section 40.240.510(B)(24).2.    Forest uses and practices as allowed in Section 40.240.510(B)(25).3.    A single-family dwelling necessary for and accessory to agricultural use upon a demonstration that all of the following conditions exist:a.    The proposed dwelling would be the only dwelling on the subject farm or ranch, including contiguous lots/parcels.b.    The farm or ranch upon which the dwelling will be located is currently devoted to agricultural use, where the day-to-day activities of one (1) or more residents of the dwelling will be principally directed to the agricultural use of the land. The farm or ranch must currently satisfy the guideline in Section 40.240.430(B)(3)(c)(4).c.    The farm or ranch is a commercial agricultural enterprise as determined by an evaluation of the following criteria:(1)    Size of the entire farm or ranch, including all land in the same ownership.(2)    Type(s) of agricultural uses (crops, livestock, orchard, etc.) and acreage.(3)    Operational requirements for the particular agricultural use that are common to other agricultural operations in the area.(4)    Average Income. The farm or ranch, and all its contiguous parcels, must produce at least eighty thousand dollars ($80,000) in gross annual income in 2020 dollars. This gross annual income amount shall be indexed for inflation on an annual basis using Consumer Price Index data from the U.S. Bureau of Labor Statistics, and the new adjusted amount for each calendar year (calculated from 2020 dollars) will be posted on the Gorge Commission website by January 15th of each year. This determination can be made using the following formula:d.    Minimum parcel size of forty (40) contiguous acres.4.    Farm labor housing on a parcel with an existing dwelling under the following conditions:a.    The proposed housing is necessary and accessory to a current agricultural use and a showing that the operation is a commercial agricultural enterprise as determined by Section 40.240.430(B)(3)(c).b.    The housing shall be seasonal unless it is shown that an additional full-time dwelling is necessary for the current agricultural use. Seasonal use shall not exceed nine (9) months.c.    The housing shall be located to minimize the conversion of lands capable of production of farm crops and livestock and shall not force a significant change in or significantly increase the cost of accepted agricultural uses employed on nearby lands devoted to agricultural use.5.    Agricultural structures, except buildings, in conjunction with agricultural use.6.    Agricultural buildings in conjunction with current agricultural use and, if applicable, proposed agricultural use that a landowner would initiate within one (1) year and complete within five (5) years, pursuant to Section 40.240.200.7.    Accessory structures for an existing or approved dwelling that are not otherwise allowed outright, eligible for the expedited development review process, or allowed in subsections (B)(8) and (B)(9) of this section.8.    Accessory building(s) larger than two hundred (200) square feet in area or taller than ten (10) feet in height for a dwelling on any legal parcel less than or equal to ten (10) acres in size are subject to the following additional standards.a.    The combined footprints of all accessory buildings on a single parcel shall not exceed one thousand five hundred (1,500) square feet in area. This combined size limit refers to all accessory buildings on a parcel, including buildings allowed without review, existing buildings and proposed buildings.b.    The height of any individual accessory building shall not exceed twenty-four (24) feet.9.    Accessory building(s) larger than two hundred (200) square feet in area or taller than ten (10) feet in height for a dwelling on any legal parcel larger than ten (10) acres in size are subject to the following additional standards:a.    The combined footprints of all accessory buildings on a single parcel shall not exceed two thousand five hundred (2,500) square feet in area. This combined size limit refers to all accessory buildings on a parcel, including buildings allowed without review, existing buildings and proposed buildings.b.    The footprint of any individual accessory building shall not exceed one thousand five hundred (1,500) square feet.c.    The height of any individual accessory building shall not exceed twenty-four (24) feet. 10.    Home occupations pursuant to Section 40.240.240. The use or development shall be compatible with agricultural use. Buffer zones should be considered to protect agricultural practices from conflicting uses.11.    Bed and breakfast inns subject to Section 40.240.250. The use or development shall be compatible with agricultural use. Buffer zones should be considered to agricultural practices from conflicting uses.12.    Fruit and produce stands.13.    Aquaculture.14.    Exploration, development, and production of sand, gravel, and crushed rock as defined by Section 40.240.040, for the construction, maintenance, or reconstruction of roads used to manage or harvest commercial forest products on lands with SMAs pursuant to Sections 40.240.010(B) and 40.240.285, and all applicable federal, state and county standards.15.    Utility facilities necessary for public service upon a showing that:a.    There is no alternative location with less adverse effect on agriculture lands.b.    The size is the minimum necessary to provide the service.16.    Temporary asphalt/batch plant operations related to public road projects, not to exceed six (6) months.17.    Community facilities and nonprofit facilities related to agricultural resource management.18.    Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation and natural resources, pursuant to Section 40.240.270. These projects may include new structures (e.g., fish ladders, sediment barriers) or activities (e.g., closing and revegetating unused roads, recontouring abandoned quarries).19.    Expansion of existing nonprofit group camps, retreats, and conference or education centers for the successful operation on the dedicated site. Expansion beyond the dedicated site is prohibited.20.    Public recreation, commercial recreation, interpretive and educational developments and uses consistent with Section 40.240.900.21.    Road and railroad construction and reconstruction.22.    Agricultural product processing and packaging, upon demonstration that the processing will be limited to products produced primarily on or adjacent to the property. “Primarily” means a clear majority of the product as measured by volume, weight, or value.23.    On a parcel of forty (40) acres or greater with an existing dwelling, the temporary use of a manufactured home or dwelling structure in the case of a family hardship, pursuant to Section 40.240.210.24.    Additions to existing buildings greater than two hundred (200) square feet in area or greater than the height of the existing building.25.    Docks and boathouses, pursuant to Section 40.240.230.26.    Removal/demolition of structures that are fifty (50) or more years old, including wells, septic tanks and fuel tanks.27.    Disposal sites managed and operated by the Washington State Department of Transportation or a Gorge county public works department for earth materials and any intermixed vegetation generated by routine or emergency/disaster public road maintenance activities within the National Scenic Area, pursuant to Section 40.240.280.28.    Placement of structures necessary for continued public safety and the protection of private property and essential public services damaged during an emergency/disaster event. This includes the replacement of temporary structures erected during such events with permanent structures performing an identical or related function. Land use proposals shall be submitted within twelve (12) months following an emergency/disaster event.(Amended: Ord. 2006-05-04; Ord. 2008-06-02; Ord. 2021-12-02)

The following uses may be allowed on lands zoned Gorge Large-Scale or Small-Scale Agriculture, subject to compliance with Sections 40.240.800 through 40.240.900, consistent with Section 40.240.460:A.    Construction, reconstruction, or modification of roads, utility facilities, and railroads necessary for public service upon a showing that:1.    There is no practicable alternative location with less adverse effect on agricultural or forest lands; and2.    The size is the minimum necessary to provide the service.B.    Home occupations in existing residential or accessory structures, subject to Section 40.240.240.C.    Fruit and produce stands.D.    Wineries and cideries, in conjunction with an on-site vineyard or orchard, upon a showing that processing of wine or cider is from fruits harvested on the subject farm and the local region.E.    Wine or cider sales and tasting rooms, in conjunction with an on-site winery or cidery.F.    Agricultural product processing and packaging, upon a showing that the processing will be limited to products grown primarily on the subject farm and sized to the subject operation.G.    Exploration of mineral and geothermal resources subject to Section 40.240.285 and all other applicable federal, state and county standards.H.    Development and production of mineral and geothermal resources, as defined by Section 40.240.040, and pursuant to Section 40.240.285 and all other applicable federal, state and county standards, including those of Section 40.250.022. Type III review procedures specified under Section 40.510.030 shall be required.I.    Personal-use airstrips including associated accessory structures such as a hangar. A personal-use airstrip is an airstrip restricted, except for aircraft emergencies, to use by the owner and, on an infrequent and occasional basis, by invited guests, and by commercial aviation activities in connection with agricultural operations. No aircraft may be based on a personal-use airstrip other than those owned or controlled by the owner of the airstrip.J.    Agriculture.K.    Recreation development, subject to the recreation intensity class provisions pursuant to Section 40.240.890.L.    Boarding of horses, pursuant to Section 40.240.205.M.    Temporary portable asphalt/batch plants related to public road projects, not to exceed six (6) months.N.    Bed and breakfast inns in single-family dwellings, subject to Section 40.240.250 and provided that the residence:1.    Is included in the National Register of Historic Places; or2.    Is listed on the Washington Heritage Register maintained by the Washington State Department of Archaeology and Historic Preservation.O.    Nonprofit, environmental learning or research facilities.P.    Expansion of existing schools or places of worship.Q.    On parcels designated Small-Scale Agriculture, small-scale fishing support and fish processing operations on parcels that are contiguous with and have direct access to the Columbia River, subject to Section 40.240.260.R.    Disposal sites managed and operated by the Washington State Department of Transportation, for earth materials and any intermixed vegetation generated by routine or emergency/disaster public road maintenance activities within the National Scenic Area, pursuant to Section 40.240.280.S.    Special uses in historic buildings, pursuant to Section 40.240.310.(Amended: Ord. 2006-05-04; Ord. 2020-02-13; Ord. 2021-12-02)

A landowner who sells or otherwise transfers real property on lands zoned Gorge Large-Scale or Small-Scale Agriculture may retain a life estate in a dwelling and a tract of land surrounding the dwelling. The life estate tract shall not be considered a parcel as defined in Section 40.240.040. A second dwelling in conjunction with agricultural use may be allowed, subject to compliance with Sections 40.240.800 through 40.240.900 and upon findings that:A.    The proposed dwelling is in conjunction with agricultural use, using guidelines from Section 40.240.430(A)(8).B.    Upon termination of the life estate, the original or second dwelling shall be removed.(Amended: Ord. 2006-05-04)

Uses identified in Section 40.240.440 may be allowed only if they meet both of the following criteria:A.    The use is compatible with agricultural uses and would not force a change in or significantly increase the cost of accepted agricultural practices on nearby lands devoted to agricultural use; andB.    The use will be sited to minimize the loss of land suitable for the production of crops or livestock.(Amended: Ord. 2006-05-04)

The following dimensional standard provisions shall apply to lands zoned Gorge Large-Scale or Small-Scale Agriculture, or Gorge SMA Agriculture unless otherwise noted herein. In the event of conflict between other Title 40 chapters and this chapter, the provisions of this chapter shall prevail.A.    All new land divisions shall comply with Section 40.240.370 and all applicable county regulations. Newly created lots shall comply with the following minimum lot size requirements:1.    Gorge Large-Scale Agriculture 80 (GLSA-80), eighty (80) acres.2.    Gorge Large-Scale Agriculture 40 (GLSA-40), forty (40) acres.3.    Gorge Small-Scale Agriculture (GSA), twenty (20) acres, except as provided in subsection (A)(5) of this section.4.    Gorge SMA Agriculture (GSA), forty (40) acres for a new residence. New land divisions shall be permitted in the SMA only when the creation of new parcels facilitates federal acquisition of lands to achieve the policies of the overall Management Plan.5.    On lands designated Large-Scale or Small-Scale Agriculture that include deer and elk winter range or turkey habitat, new parcels shall be forty (40) acres or larger.B.    Minimum lot width of six hundred sixty (660) feet for newly created lots.C.    No minimum lot depth requirement.D.    Minimum front setback of fifty (50) feet for all buildings from public road right-of-way or private road easement.E.    Minimum side setback of two hundred (200) feet for all residential buildings, and twenty-five (25) feet for nonresidential buildings.F.    Minimum street side setback of twenty-five (25) feet for all buildings.G.    Minimum rear setback of two hundred (200) feet for all residential buildings, and twenty-five (25) feet for nonresidential buildings.H.    Setbacks shall also comply with provisions of Sections 40.240.130 and 40.240.150.I.    Maximum height restriction of thirty-five (35) feet for residential structures, unless superseded by scenic review criteria of Section 40.240.800 or 40.240.810.J.    Where larger setbacks are not required by Section 40.240.130, parcels which are nonconforming as to minimum lot size or width and depth requirements may observe building setbacks of fifty (50) feet from all property lines except side setbacks adjacent to streets, which may observe building setbacks of twenty-five (25) feet.(Amended: Ord. 2006-05-04; Ord. 2021-12-02)

Sections 40.240.140 and 40.240.480 through 40.240.570 shall apply to those areas zoned Gorge Small Woodland and SMA Forest.(Amended: Ord. 2006-05-04)

The uses listed in Section 40.240.120(A) are allowed without review on lands designated Commercial Forest Land, Large Woodland, Small Woodland, or SMA Forest.(Amended: Ord. 2006-05-04)

The uses listed in Section 40.240.060 are allowed with review through the expedited development review processes on lands designated Commercial Forest Land, Large Woodland, Small Woodland, or SMA Forest.(Amended: Ord. 2006-05-04)

A.    The following uses may be allowed on lands zoned Gorge Small Woodland subject to compliance with Sections 40.240.800 through 40.240.900:1.    One (1) single-family dwelling on a legally created and existing parcel upon the parcel’s enrollment in the state’s forest assessment program. Upon a showing that a parcel cannot qualify, a parcel is entitled to one (1) single-family dwelling. In either case, the location of a dwelling shall comply with Sections 40.240.140 and 40.240.540. A declaration shall be signed by the landowner and recorded into county deeds and records specifying that the owners, successors, heirs and assigns of the subject parcel are aware that adjacent and nearby operators are entitled to carry on accepted farm or forest practices on lands designated Gorge Small Woodland, or Gorge Large-Scale or Small-Scale Agriculture.2.    One (1) single-family dwelling if shown to be in conjunction with and substantially contribute to the current agricultural use of a farm pursuant to Section 40.240.430(A)(8). The siting of the dwelling shall comply with Section 40.240.540.3.    Temporary on-site structures which are auxiliary to and used during the term of a particular forest operation. “Auxiliary” means a use or alteration of a structure or land which provides help or is directly associated with the conduct of a particular forest practice. An auxiliary structure shall be located on site, temporary in nature, and not designed to remain for the forest’s entire growth cycle from planting to harvesting. An auxiliary use is removed when the particular forest practice for which it was approved has concluded.4.    Temporary portable facilities for the primary processing of forest products grown on a parcel or contiguous parcels in the same ownership where the facility is to be located. The facility shall be removed upon completion of the harvest operation.5.    Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation and natural resources, pursuant to Section 40.240.270. These projects may include new structures (e.g., fish ladders, sediment barriers) or activities (e.g., closing and revegetating unused roads, recontouring abandoned quarries).6.    Structures associated with hunting and fishing operations.7.    Towers and fire stations for forest fire protection.8.    Agricultural buildings in conjunction with current agricultural use and, if applicable, proposed agricultural use that a landowner would initiate within one (1) year and complete within five (5) years, pursuant to Sections 40.240.200 and 40.240.540.9.    Accessory structures for an existing or approved dwelling that are not otherwise allowed outright, eligible for the expedited development review process, or allowed in subsections (A)(10) or (11) of this section.10.    Accessory building(s) larger than two hundred (200) square feet in area or taller than ten (10) feet in height for a dwelling on any legal parcel less than or equal to ten (10) acres in size are pursuant to Sections 40.240.540 and 40.240.550, and the following additional standards:a.    The combined footprints of all accessory buildings on a single parcel shall not exceed one thousand five hundred (1,500) square feet in area. This combined size limit refers to all accessory buildings on a parcel, including buildings allowed without review, existing buildings and proposed buildings.b.    The height of any individual accessory building shall not exceed twenty-four (24) feet.11.    Accessory building(s) larger than two hundred (200) square feet in area or taller than ten (10) feet in height for a dwelling on any legal parcel larger than ten (10) acres in size are pursuant to Sections 40.240.540 and 40.240.550 and the following additional standards:a.    The combined footprints of all accessory buildings on a single parcel shall not exceed two thousand five hundred (2,500) square feet in area. This combined size limit refers to all accessory buildings on a parcel, including buildings allowed without review, existing buildings and proposed buildings.b.    The footprint of any individual accessory building shall not exceed one thousand five hundred (1,500) square feet.c.    The height of any individual accessory building shall not exceed twenty-four (24) feet.12.    The temporary use of a manufactured home, tiny house on a trailer, or similar structure in the case of a family hardship, subject to Sections 40.240.210, 40.240.540 and 40.240.550.13.    A second single-family dwelling for a farm operator’s relative, subject to Sections 40.240.140, 40.240.430(A)(9) and 40.240.540.14.    Private roads serving a residence on the subject parcel, subject to Sections 40.240.140 and 40.240.540.15.    Recreation development, subject to Section 40.240.890 and the Recreation Development Plan (Management Plan, Part III, Chapter 1).16.    Agricultural labor housing upon a showing that:a.    The proposed housing is necessary and accessory to a current agricultural use on the subject farm.b.    The housing shall be seasonal unless it is shown that an additional full-time dwelling is necessary to the current agricultural use of the subject agricultural unit. Seasonal use shall not exceed nine (9) months.c.    The housing shall be located to minimize the conversion of lands capable of production of farm crops and livestock and will not force a significant change in or significantly increase the cost of accepted agricultural practices employed on nearby lands devoted to agricultural use.d.    The housing is subject to the criteria in Sections 40.240.540 and 40.240.550.17.    New cultivation, subject to compliance with Sections 40.240.820 and 40.240.840 through 40.240.870.18.    Agricultural structures, except buildings, in conjunction with agricultural use, including new cultivation, subject to the “Approval Criteria for Fire Protection” (Section 40.240.540).19.    Life estates on lands zoned Gorge Small Woodland, pursuant to Section 40.240.560.20.    Land divisions, subject to Section 40.240.370.21.    Placement of structures necessary for continued public safety and the protection of private property and essential public services damaged during an emergency/disaster event. This includes the replacement of temporary structures erected during such events with permanent structures performing an identical or related function. Land use proposals shall be submitted within twelve (12) months following an emergency/disaster event.22.    Lot line adjustments that would result in the potential to create additional parcels through subsequent land divisions, pursuant to Section 40.240.380.23.    Additions to existing buildings greater than two hundred (200) square feet in area or greater than the height of the existing building.a.    Docks and boathouses, pursuant to Section 40.240.230.b.    Removal/demolition of structures that are fifty (50) or more years old, including wells, septic tanks and fuel tanks.c.    Commercial events on lands designated Large Woodland or Small Woodland, pursuant to Section 40.240.290.B.    The following uses may be allowed on lands zoned Gorge SMA Forest pursuant to Sections 40.240.800 through 40.240.900. The use or development will be sited to minimize the loss of land suitable for the production of forest products:1.    Any use listed in Section 40.240.430(B).2.    New cultivation or new agricultural use outside of previously disturbed and regularly worked fields or areas. Clearing trees for new agricultural use is subject to the additional requirements of subsection (B)(24) of this section.3.    Railroad and road construction or reconstruction.4.    Exploration, development, and production of sand, gravel, or crushed rock, as defined in Section 40.240.040, for the construction, maintenance, or reconstruction of roads used to manage or harvest commercial forest products in the SMAs, pursuant to Sections 40.240.285 and 40.250.022, and all other applicable federal, state and county standards.5.    Silvicultural nurseries.6.    Utility facilities for public service upon a finding that:a.    There is no alternative location with less adverse effect on forest land; andb.    The size is the minimum necessary to provide the service.7.    Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation and natural resources, pursuant to Section 40.240.270. These projects may include new structures (e.g., fish ladders, sediment barriers) or activities (e.g., closing and revegetating unused roads, recontouring abandoned quarries).8.    Fish hatcheries and agricultural facilities.9.    Public recreation, commercial recreation, interpretive and educational developments and uses consistent with Section 40.240.810.10.    One (1) single-family dwelling on a parcel of forty (40) contiguous acres or larger if an approved forest management plan demonstrates that such dwelling is necessary for and accessory to forest uses. The forest management plan shall demonstrate the following:a.    The dwelling will contribute substantially to the growing, propagation, and harvesting of trees. The principal purpose for allowing a dwelling on forest lands is to enable the resident to conduct efficient and effective management. This requirement shall indicate a relationship between ongoing forest management and the need for dwelling on the subject property.b.    The subject parcel is enrolled in the state’s forest assessment program.c.    A plan for management of the parcel is approved by the Washington Department of Natural Resources and the responsible official or examiner. The plan must indicate the condition and productivity of lands to be managed; the operations the owner will carry out (thinning, harvest, planting, etc.); a chronological description of when the operations will occur, estimates of yield, labor, and expenses; and how the dwelling will contribute towards the successful management of the property.d.    The parcel has no other dwellings that are vacant or currently occupied by persons not engaged in forest management of the subject parcel.e.    The dwelling complies with all applicable building code and fire protection guidelines.f.    A declaration is signed by the landowner and recorded into county deeds and records specifying that the owners, successors, heirs, and assigns of the subject property are aware that adjacent and nearby operations are entitled to carry on accepted agricultural or forest practices.11.    Accessory structures for an existing or approved dwelling that are not otherwise allowed outright, eligible for the expedited development review process, or allowed in subsections (B)(12) or (13) of this section.12.    Accessory building(s) larger than two hundred (200) square feet in area or taller than ten (10) feet in height for a dwelling on any legal parcel less than or equal to ten (10) acres in size are subject to the following additional standards.a.    The combined footprints of all accessory buildings on a single parcel shall not exceed one thousand five hundred (1,500) square feet in area. This combined size limit refers to all accessory buildings on a parcel, including buildings allowed without review, existing buildings and proposed buildings.b.    The height of any individual accessory building shall not exceed twenty-four (24) feet.13.    Accessory building(s) larger than two hundred (200) square feet in area or taller than ten (10) feet in height for a dwelling on any legal parcel larger than ten (10) acres in size are subject to the following additional standards:a.    The combined footprints of all accessory buildings on a single parcel shall not exceed two thousand five hundred (2,500) square feet in area. This combined size limit refers to all accessory buildings on a parcel, including buildings allowed without review, existing buildings and proposed buildings.b.    The footprint of any individual accessory building shall not exceed one thousand five hundred (1,500) square feet.c.    The height of any individual accessory building shall not exceed twenty-four (24) feet.14.    Home occupations pursuant to Section 40.240.240.15.    Temporary portable facility for the processing of forest products.16.    Towers and fire stations for forest fire protection.17.    Community facilities and nonprofit facilities related to forest resource management.18.    Expansion of existing nonprofit group camps, retreats, or conference or education centers, necessary for the successful operation of the facility on the dedicated site. Expansion beyond the dedicated site shall be prohibited.19.    On a parcel of forty (40) acres or greater with an existing dwelling, the temporary use of a manufactured home or dwelling structure in the case of a family hardship pursuant to Section 40.240.210.20.    Additions to existing buildings greater than two hundred (200) square feet in area or greater than the height of the existing building.21.    Docks and boathouses, pursuant to Section 40.240.230.22.    Removal/demolition of structures that are fifty (50) or more years old, including wells, septic tanks and fuel tanks.23.    Disposal sites managed and operated by the Washington State Department of Transportation, or a Gorge county public works department for earth materials and any intermixed vegetation generated by routine or emergency/disaster public road maintenance activities within the National Scenic Area, subject to compliance with Section 40.240.280.24.    Clearing trees for new agricultural use with the following steps and subject to the following additional guidelines:a.    A stewardship plan pursuant to Section 40.240.510(B)(25)(c) shall be submitted and deemed complete by the responsible official and submitted to the Forest Service for review. b.    Clearing trees for new agricultural use shall be limited to fifteen (15) acres.c.    If the stewardship plan proves that the above guideline is detrimental to the proposed agricultural use, the final size of the clearing shall be determined by the application of subsection (B)(24)(d) of this section and pursuant to subsection (B)(24)(i) of this section.d.    After a thirty (30) day public comment period, the Forest Service shall review the stewardship plan using the following criteria:(1)    Scenic resource guidelines in Sections 40.240.510(B)(25)(d)(1) and (5).(2)    Applicable guidelines of Sections 40.240.800 through 40.240.900.(3)    The Natural Resource Conservation Service (NRCS) soil unit description shall indicate that soils are suitable for the proposed agricultural use. The woodland management tables shall be used as part of the analysis of suitability for both agricultural and forest uses.(4)    The size, shape and pattern on the landscape of the clearing for the new agricultural use shall blend with the surrounding landscape pattern either because the existing pattern includes agricultural openings or because the new agricultural opening is designed to appear natural.e.    The Forest Service shall send the review statement to the responsible official. The Forest Service shall state whether or not the new agricultural use should proceed including any conditions that are recommended to be required by the responsible official or examiner.f.    The responsible official will accept an application for new agricultural use on forested lands after receipt of a positive review statement from the Forest Service.g.    The forest practice portion of the new agricultural use shall not be approved by the State Forestry Department, responsible official or examiner until an administrative or examiner’s decision on the new agricultural use is issued by the responsible official or examiner.h.    The new agricultural use shall be operational within two (2) years of the time frame described in the approved stewardship plan.i.    New agricultural uses with an approved stewardship plan requiring more than fifteen (15) acres shall attain the final approved size sequentially. After the first fifteen (15) cleared acres are operational, each subsequent clearing shall not occur until the previous clearing is operational.25.    Forest practices in accordance with an approved forest practices application (see Section 40.240.050), and pursuant to Section 40.240.570.a.    The following information, in addition to general site plan requirements in Section 40.240.050, shall be required:(1)    Delineate the following on a recent aerial photo or detailed map:(a)    The size, shape, and exact location of the proposed treatment area including any clumps of leave trees to remain. If more than one silvicultural prescription is to be used, code each on the photo;(b)    Other important natural features of the subject parcel such as steep areas, streams, wetlands, rock outcrops, etc.;(c)    Road and structure construction or reconstruction location;(d)    Location of proposed rock or aggregate sources;(e)    Major skid trails, landings, and yarding corridors;(f)    Commercial firewood cutting areas; and(g)    Protection measures for scenic, cultural, natural, and recreation resources, such as road closures.(2)    A description of the existing forest in terms of species, ages, sizes, landscape pattern (including how it fits into the surrounding landscape pattern) and canopy closure for all canopy layers.(3)    A description of how the forest practice will fit into the existing landscape pattern and how it will meet scenic and natural resource standards in Sections 40.240.510(B)(25)(d) and (e). (4)    Written silvicultural prescriptions with projected post-treatment forest condition specified in terms of species, ages, sizes, landscape pattern (including how it fits into the surrounding landscape pattern) and canopy closure for all canopy layers.(5)    Road and structure construction or reconstruction design.(6)    Existing and proposed rock pit development plans.(7)    A discussion of slash disposal methods.(8)    A reforestation plan as reviewed by the appropriate state forest practices agency.b.    As part of the application, flag, stake or mark buffers, any trees or downed wood to be retained or removed (whichever makes the most sense), and areas for placing fill or removing material in preparation for a field visit by the reviewer.c.    Stewardship Plan Requirements. The following information, in addition to the applicable portions of the forest practice application requirements above, and general site plan requirements shall be provided:(1)    An outline of the long-term goals, proposed operations, and future sustainability of the subject parcel. (2)    A description of the time frame and steps planned to reach the long-term goals.(3)    For forest practices, describe how the proposed activities fit into the long-term goals and sustainability of the parcel and forest health. The following shall be addressed:(a)    The range of natural conditions expected in the forest in terms of tree species, structure, and landscape pattern;(b)    What the resulting tree species, structure, and landscape pattern will be after the proposed activities;(c)    A clear explanation of how a deviation from the applicable guidelines may better achieve forest health objectives; and(d)    A clear explanation of how and why the proposed activities will move the forest towards its range of natural viability and result in reaching sustainability, and resiliency to disturbances.(4)    For clearing trees for new agricultural use, the following shall be addressed in addition to Sections 40.240.510(B)(25)(c)(1) and (2):(a)    How each NRCS soil unit will be affected by the proposed clearing or treatment;(b)    A clear explanation, based on the needs of the operation, as to the exact size of the clearing needed and how it will meet the natural and scenic requirements set forth in Sections 40.240.510(B)(24)(d)(1) through (4);(c)    Describe in sufficient detail for evaluation the proposed agricultural use, the improvements needed on the parcel, timeline for its establishment, and its marketability; and(d)    Evidence that an agricultural specialist, such as the county extension agent, has examined and found the proposed agricultural use reasonable and viable.d.    For forest practices, the following scenic resource guidelines shall apply:(1)    Forest practices shall meet the design guidelines and scenic standards for the applicable landscape setting and zone.(2)    In the SMA Coniferous Woodland Landscape Setting, no more than eight percent (8%) of the composite key viewing area view shed from which the forest practice is topographically visible shall be in created forest openings at one (1) time. The view shed boundaries shall be delineated by the Forest Service. The Forest Service will assist (as available) in calculating and delineating the percentage of the composite key viewing area view shed that is in created forest openings at one (1) time.(3)    For all other landscape settings, created forest openings visible at one (1) time shall be within the desired range for the vegetation type as set forth in natural resources guidelines in Sections 40.240.510(B)(25)(e)(1) through (e)(3).(4)    Size, shape, and dispersal of created forest openings shall maintain the desired natural patterns in the landscape as set forth in natural resources guidelines in Sections 40.240.510(B)(25)(e)(1) through (e)(3).(5)    The maximum size of any created forest opening is set forth by the “Desired” vegetation type in the Forest Structure and Pattern Table.(a)    If the treatment is proposed to go beyond the above guideline based on forest health or ecosystem function requirements, a stewardship plan shall be required.(b)    If the stewardship plan proves that the above guideline is detrimental to either forest health or ecosystem function, the size of the created forest opening shall be within the natural range for the vegetation type as listed in the Desired Forest Structure and Pattern Table for each vegetation type, shall not mimic catastrophic fires, and shall maintain scenic standards.(6)    Created forest openings shall not create a break or opening in the vegetation in the skyline as viewed from KVAs.e.    Forest practices shall maintain the following in addition to applicable natural resources guidelines in Section 40.240.880:(1)    Silvicultural prescriptions shall maintain the desired natural forest stand structures (tree species, spacing, layering, and mixture of sizes) based on forest health and ecosystem function requirements. Forest tree stand structure shall meet the requirements listed in the Desired Forest Structure and Pattern Table for each vegetation type. Forest tree stand structure is defined as the general structure of the forest in each vegetation type within which is found forest openings.(2)    Created forest openings shall be designed as mosaics not to exceed the limits defined as “Desired” in the Desired Forest Structure and Pattern Table unless proposed as a deviation as allowed under the scenic resource guideline in Section 40.240.510(B)(25)(d)(5).(3)    Snag and down wood requirements shall be maintained or created as listed in the Desired Forest Structure and Pattern Table for each vegetation type.(4)    If the treatment is proposed to deviate from the snag and down wood requirements, a stewardship plan shall be required and shall demonstrate why a deviation from the snag and down wood requirements, based on forest health or ecosystem function requirements, is required.26.    Placement of structures necessary for continued public safety and the protection of private property and essential public services damaged during an emergency/disaster event. This includes the replacement of temporary structures erected during such events with permanent structures performing an identical or related function. Land use proposals shall be submitted within twelve (12) months following an emergency/disaster event. # Map available at the Forest Service National Scenic Area Office.* Does not apply to openings.Dbh: Diameter at breast height.(Amended: Ord. 2006-05-04; Ord. 2008-06-02; Ord. 2021-12-02)

The following uses may be allowed on lands designated Gorge Small Woodland, subject to compliance with Sections 40.240.800 through 40.240.900, and consistent with Section 40.240.530:A.    Construction, reconstruction, or modification of roads, utility facilities and railroads necessary for public service upon a showing that (1) there is no practicable alternative location with less adverse effect on agricultural and forest lands and on scenic, cultural, natural and recreation resources, and (2) the size is the minimum necessary to provide the service.B.    Home occupations in an existing residence or accessory structure, subject to the guidelines in Section 40.240.240.C.    Fruit and produce stands.D.    Wineries and cideries, in conjunction with an on-site vineyard or orchard, upon a showing that processing of wine or cider is from fruits harvested on the subject farm and the local region.E.    Wine or cider sales and tasting rooms, in conjunction with an on-site winery or cidery.F.    Agricultural product processing and packaging, upon a showing that the processing will be limited to products grown primarily on the subject farm and sized to the subject operation.G.    Exploration of mineral and geothermal resources, pursuant to Sections 40.240.285 and 40.240.800 through 40.240.900 and all other applicable federal, state and county standards.H.    Development and production of mineral and geothermal resources, as defined by Section 40.240.040, subject to Section 40.240.285 and all other applicable federal, state and county standards, including those of Section 40.250.022. Type III review procedures specified under Section 40.510.030 shall be required.I.    Aquaculture.J.    Boarding of horses, pursuant to Section 40.240.205.K.    Temporary portable asphalt/batch plants related to public road projects, not to exceed six (6) months.L.    Expansion of existing nonprofit group camps, retreats, or conference centers.M.    Bed and breakfast inns in single-family dwellings, subject to Section 40.240.250 and provided that the residence:1.    Is included in the National Register of Historic Places; or2.    Is listed on the Washington Heritage Register maintained by the Washington Department of Archaeology and Historic Preservation.N.    Nonprofit, environmental learning or research facilities.O.    On parcels designated Small Woodland, small-scale fishing support and fish processing operations on parcels that are contiguous with and have direct access to the Columbia River, pursuant to Section 40.240.260.P.    Disposal sites managed and operated by the Washington State Department of Transportation, or a Gorge county public works department for earth materials and any intermixed vegetation generated by routine or emergency/disaster public road maintenance activities within the National Scenic Area, pursuant to Section 40.240.280.Q.    Special uses in historic buildings, pursuant to Section 40.240.310.(Amended: Ord. 2006-05-04; Ord. 2021-12-02)

Uses identified in Section 40.240.520 may be allowed only if they meet the following criteria:A.    The owners of land designated Gorge Small Woodland, or Gorge Large-Scale or Small-Scale Agriculture, that lies within five hundred (500) feet of the perimeter of the subject parcel have been notified of the land use application and have been given at least ten (10) days to comment prior to an administrative or examiner’s decision;B.    The use will not interfere seriously with accepted forest or agricultural practices on nearby lands devoted to resource use;C.    The use will be sited in a way that minimizes the loss of forest or agricultural land and minimizes the chance of interference with accepted forest or agricultural practices on nearby lands; andD.    The use will not significantly increase fire hazard, fire suppression costs or risks to fire suppression personnel and will comply with Section 40.240.540.(Amended: Ord. 2006-05-04; Ord. 2021-12-02)

All uses, as specified, shall comply with the following fire safety guidelines within the GMA:A.    All buildings shall be surrounded by a maintained defensible space of at least fifty (50) feet. Hazardous fuels shall be removed within the defensible space area. Irrigated or fire-resistant vegetation may be planted within the defensible space. This could include green lawns and low shrubs (less than twenty-four (24) inches in height). Trees should be spaced greater than fifteen (15) feet between the crowns and pruned to remove dead and low (less than eight (8) feet) branches. Accumulated leaves, needles, and other dead vegetation shall be removed from beneath trees. Defensible space shall be adjusted to account for site slope, to protect riparian vegetation and other resources, or as recommended by local fire districts, conservation districts, or other professionals.B.    Buildings with plumbed water systems shall install at least one (1) standpipe a minimum of fifty (50) feet from the structure(s).C.    A pond, stream, tank or sump with storage of not less than one thousand (1,000) gallons, or a well or water system capable of delivering twenty (20) gallons per minute shall be provided. If a well pump is located on site, the electrical service shall be separate from the dwelling.D.    Access drives shall be constructed to a minimum of twelve (12) feet in width and not exceed a grade of twelve percent (12%). Turnouts shall be provided at a minimum of every five hundred (500) feet and at the building site. Access drives shall be maintained to a level that is passable to fire equipment pursuant to Section 40.350.030(B). Variances to road guidelines may be made only after consultation with the Director of Public Works, local rural fire district, and the Washington Department of Natural Resources.E.    Within one (1) year of the occupancy of a dwelling, the responsible official shall conduct a review of the development to assure compliance with these guidelines.F.    Utility supply systems shall be underground whenever possible.G.    Roofs of structures shall be constructed of fire-resistant materials such as metal, fiberglass, or Class A asphalt shingle or tile pursuant to Section 15.13.050 and NFPA 1144 2018 Edition. Roof materials such as cedar shake and shingle shall not be used.H.    Any chimney or stovepipe on any structure for use with a woodstove or fireplace should be equipped with a spark arrestor that includes at least one (1) screen no coarser than eighth (1/8) inch mesh metal that is noncombustible and corrosion resistant.I.    All structural projections such as balconies, decks and roof gables should be built with fire-resistant materials equivalent to those specified in the International Building Code. Structural projections shall be set back from slopes per Washington State Building Code.J.    Attic openings, soft vents, foundation louvers or other ventilation openings on dwellings and accessory structures should be screened with no coarser than eighth (1/8) inch mesh metal screen that is noncombustible and corrosion resistant.K.    Proposed uses shall comply with all applicable provisions of Title 15, Fire Prevention, including Chapters 14.05 and 15.13. This section’s requirements shall prevail in the event of conflict with these county codes.(Amended: Ord. 2006-05-04; Ord. 2021-12-02)

The approval of new dwellings and accessory structures on or immediately adjacent to lands within a Forest zone in the GMA shall comply with the following guidelines:A.    The dwelling and structures shall be sited on the parcel so that they will have the least impact on nearby or adjoining forest operations. Dwellings shall be set back at least two hundred (200) feet from adjacent parcels within the Forest zone. The responsible official may grant a variance to this setback under the provisions of Section 40.240.150.B.    The amount of forest land used to site dwellings, structures, access roads, and service corridors shall be minimized. This can include locating new dwellings and structures as close to existing public roads as possible, thereby minimizing the length of access roads and utility corridors; or locating the dwelling, access road, and service corridors on portions of the parcel that are least or poorly suited for forestry. Areas may not be suitable for forestry because of existing nonforest uses, adjacent dwellings, or land productivity.C.    Dwellings shall be located to minimize the risks associated with fire. Dwellings should be located on gentle slopes and in any case not on slopes which exceed thirty percent (30%). Dwellings should be set back from slopes per Washington State Building Code. Narrow canyons and draws should be avoided. Dwellings should be located to minimize the difficulty in gaining access to the structure in the case of fire. Dwellings should be located to make the access roads as short and flat as possible.D.    Grouping proposed development closer to existing development on adjacent lands may be used to minimize impacts on nearby or adjacent forest operations.(Amended: Ord. 2006-05-04; Ord. 2021-12-02)

A landowner who sells or otherwise transfers real property on lands zoned Gorge Small Woodland may retain a life estate in a dwelling and a tract of land surrounding the dwelling. The life estate tract shall not be considered a parcel. A second dwelling unit on lands designated Gorge Small Woodland may be allowed, pursuant to Sections 40.240.800 through 40.240.900 and upon findings that:A.    The proposed dwelling is in conjunction with agricultural use, using Section 40.240.430(A)(9).B.    The proposed dwelling complies with Section 40.240.510(A)(1).C.    Upon termination of the life estate, the original or second dwelling shall be removed.(Amended: Ord. 2006-05-04; Ord. 2021-12-02)

The following dimensional standard provisions shall apply to lands designated Gorge Small Woodland, Gorge SMA Forest unless otherwise noted herein. In the event of conflict between other Title 40 chapters and this chapter, the provisions of this chapter shall prevail.A.    All new land divisions shall comply with Section 40.240.370 and applicable county regulations. Newly created lots shall comply with the following minimum lot size requirements:1.    Gorge Small Woodland 40 (GSW-40), forty (40) acres.2.    Gorge Small Woodland 20 (GSW-20), twenty (20) acres, except as provided in Section 40.240.570(A)(4).3.    Gorge SMA Forest (GSFF), forty (40) acres for a new residence. New land divisions shall be permitted in the SMA only when the creation of new parcels facilitates federal acquisition of lands to achieve the policies of the overall Management Plan.4.    On lands designated Small Woodland that include deer and elk winter range or turkey habitat, new parcels shall be forty (40) acres or larger.B.    Minimum lot width of six hundred sixty (660) feet for newly created lots.C.    No minimum lot depth requirement.D.    Minimum front setback of fifty (50) feet for all buildings from public road right-of-way or private road easement.E.    Minimum side setback of two hundred (200) feet for all residential buildings, twenty-five (25) feet for nonresidential buildings.F.    Minimum street side setback of twenty-five (25) feet for all buildings.G.    Minimum rear setback of two hundred (200) feet for all residential buildings, twenty-five (25) feet for nonresidential buildings.H.    Setbacks shall also comply with Section 40.240.130.I.    Medium height restriction of thirty-five (35) feet for residential structures, unless superseded by scenic review criteria of Section 40.240.800 or 40.240.900.(Amended: Ord. 2006-05-04; Ord. 2021-12-02)

Sections 40.240.580 through 40.240.610 shall apply to those areas zoned Gorge Open Space and Gorge SMA Open Space on the Scenic Area Land Use Designation Map.(Amended: Ord. 2006-05-04)

The uses listed in Section 40.240.120(B) are allowed without review on lands designated Open Space.(Amended: Ord. 2006-05-04)

The uses listed in Section 40.240.260 may be allowed with review through the expedited development review process on lands designated Open Space.(Amended: Ord. 2006-05-04)

A.    The following uses may be allowed on all lands zoned Gorge GMA Open Space subject to compliance with Sections 40.240.800 through 40.240.900:1.    Low-intensity recreation, subject to Section 40.240.900(B).2.    Land divisions to facilitate efforts to protect and enhance scenic, cultural, natural or recreation resources. Such land divisions shall be subject to Section 40.240.370. There shall be no minimum size requirement for newly created lots.3.    Improvement, not including expansion of existing structures, trails, roads, railroads, utility facilities and hydroelectric facilities.4.    Removal of timber, rocks or other materials for purposes of public safety and placement of structures for public safety.5.    Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation and natural resources pursuant to Section 40.240.270. These projects may include new structures (e.g., fish ladders, sediment barriers) or activities (e.g., closing and revegetating unused roads, recontouring abandoned quarries).6.    Removal/demolition of structures that are fifty (50) or more years old, including wells, septic tanks and fuel tanks. 7.    Lot line adjustments pursuant to Section 40.240.380.B.    The following uses may be allowed on lands designated Gorge GMA Open Space – State Parks Recreation Areas within publicly owned lands:1.    All uses listed in Section 40.240.610(A);2.    Fish and wildlife management uses conducted by federal, state or tribal resource agencies;3.    Soil, water or vegetation uses performed in accordance with a conservation plan approved by a local conservation district;4.    Harvesting of wild crops, with written approval from the public agency owning or operating the land; and5.    Educational or scientific research.C.    The following uses may be allowed on lands zoned Gorge SMA Open Space, subject to compliance with Sections 40.240.800 through 40.240.900 and when consistent with an open space plan approved by the Forest Service pursuant to subsection (D) of this section:1.    Changes in existing uses including reconstruction, replacement, and expansion of existing structures and transportation facilities, except for commercial forest practices.2.    Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation or natural resources, pursuant to Section 40.240.270. These projects may include vegetation management and forest practices (pursuant to Section 40.240.510(B)(25)) for the restoration of forest health, new structures (e.g., fish ladders, sediment barriers) or activities (e.g., closing and revegetating unused roads, recontouring abandoned quarries). 3.    Low intensity recreation and uses and development, including educational and interpretive facilities, consistent with Section 40.240.900.4.    Utility facilities for public service upon a showing that:a.    There is no alternative location with less adverse effect on Open Space land.b.    The size is the minimum necessary to provide the service.5.    Removal/demolition of structures that are fifty (50) or more years old, including wells, septic tanks and fuel tanks.(Amended: Ord. 2008-06-02)D.    An SMA open space plan shall be completed by the primary managing agency or landowner prior to any new land uses or development, and shall be reviewed by the Forest Service. The open space plan shall include the following:1.    Direction for resource protection, enhancement, and management;2.    Review of existing uses to determine compatibility with open space values; and3.    Consultation with members of the public and with agency and resource specialists.E.    Subject to review, treatment of noxious weeds may be permitted without completion of an SMA open space plan, provided the following criteria are met:1.    The infestation of noxious weeds is recent and eradication is possible; and2.    Delaying or deferring treatment could cause widespread or significant adverse impacts to one (1) or more of the following resources:a.    Displacement of native and traditionally gathered plants; orb.    Degradation of wildlife habitat and forage; orc.    Degradation or loss of agricultural uses of land, such as cropland or livestock forage; ord.    Limitation of recreational uses; ore.    For federal lands, treatment effects have been thoroughly evaluated in an environmental assessment.(Amended: Ord. 2006-05-04; Ord. 2021-12-02)

Sections 40.240.620 through 40.240.670 shall apply to those areas designated Gorge Residential on the Scenic Area Land Use Designation Map.(Amended: Ord. 2006-05-04)

The uses listed in Section 40.240.120(A) are allowed without review on lands designated Residential.(Amended: Ord. 2006-05-04)

The uses listed in Section 40.240.060 are allowed with review through the expedited development review process on lands designated Residential.(Amended: Ord. 2006-05-04)

The following uses may be allowed on lands in the GMA zoned Gorge Residential, subject to compliance with Sections 40.240.800 through 40.240.900:A.    One (1) single-family dwelling per legally created and existing parcel.1.    If the subject parcel is located adjacent to lands zoned Gorge Large-Scale or Small-Scale Agriculture, the use shall comply with the buffer and notification requirements of Section 40.240.130, and the notification requirements of Section 40.240.430(A)(15)(e); and2.    If the subject parcel is located adjacent to lands zoned Gorge Small Woodland, the use shall comply with the buffer and notification requirements of Section 40.240.140, and the notification requirements of Section 40.240.530(A), and the placement of a dwelling shall also comply with Section 40.240.540.B.    Accessory structures for an existing or approved dwelling that are not otherwise allowed outright, eligible for the expedited development review process, or allowed in subsection (C) of this section.C.    Accessory building(s) larger than two hundred (200) square feet in area or taller than ten (10) feet in height for a dwelling on any legal parcel are subject to the following additional standards:1.    The combined footprints of all accessory buildings on a single parcel shall not exceed one thousand five hundred (1,500) square feet in area. This combined size limit refers to all accessory buildings on a parcel, including buildings allowed without review, existing buildings and proposed buildings.2.    The height of any individual accessory building shall not exceed twenty-four (24) feet.D.    The temporary use of a manufactured home, tiny house on a trailer, or similar structure in the case of a family hardship, pursuant to Section 40.240.210.E.    New cultivation, subject to compliance with Sections 40.240.820 and 40.240.840 through 40.240.870.F.    Agricultural structures, in conjunction with agricultural use, including new cultivation.G.    Land divisions, pursuant to Sections 40.240.370 and 40.240.680.H.    Lot line adjustments that would result in the potential to create additional parcels through subsequent land divisions pursuant to Section 40.240.380.I.    Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation and natural resources. These projects may include new structures or activities, pursuant to Section 40.240.270.J.    Agricultural buildings in conjunction with current agricultural use and, if applicable, proposed agricultural use that a landowner would initiate within one (1) year and complete within five (5) years, pursuant to standards in Section 40.240.200.K.    Additions to existing buildings greater than two hundred (200) square feet in area or greater than the height of the existing building.L.    Docks and boathouses, pursuant to Section 40.240.230.M.    Removal/demolition of structures that are fifty (50) or more years old, including wells, septic tanks and fuel tanks.N.    Commercial events, pursuant to Section 40.240.290.(Amended: Ord. 2006-05-04; Ord. 2021-12-02)

The following uses may be allowed on lands in the GMA zoned Gorge Residential subject to compliance with Sections 40.240.800 through 40.240.900, and Section 40.240.670:A.    Accredited child care centers on land designated five (5) acre Residential. A child care center may be allowed in Residential zones within an existing church or community building.B.    Schools within an existing church or community building.C.    Expansion of existing primary or middle schools on land purchased prior to June 8, 1999. For purposes of this section, “existing schools” means public schools that existed prior to adoption of the original Management Plan on October 15, 1991.D.    Construction and reconstruction of roads, utility facilities and railroads.E.    Home occupations pursuant to Section 40.240.240.F.    Fire stations.G.    Recreation development, subject to compliance with Section 40.240.890.H.    Community parks and playgrounds.I.    Bed and breakfast inns in single-family dwellings located on lands designated five (5) acre residential or ten (10) acre residential pursuant to Section 40.240.250.J.    Overnight accommodations in single-family dwellings located on lands designated five (5) acre residential or ten (10) acre residential, subject to the guidelines in Section 40.240.245.K.    Wineries and cideries, in conjunction with an on-site vineyard or orchard, upon a showing that processing of wine or cider is from fruits harvested on the subject farm and the local region.L.    Wine or cider sales and tasting rooms in conjunction with an on-site winery or cidery. The use shall comply with Section 40.240.240, with the following exceptions:1.    The use may employ an unlimited number of outside employees.2.    The wine or cider sales and tasting room may include interior and exterior space, provided the combined interior and exterior spaces shall not exceed one thousand (1,000) square feet.3.    The interior space may be located in an existing building or in a new building or addition to an existing building constructed for the primary purpose of housing the wine or cider sales and tasting room.4.    The exterior space may be a veranda, patio, or other similar type of structure.M.    Small-scale fishing support and fish processing operation on parcels that are contiguous with and have direct access to the Columbia River, pursuant to Section 40.240.260.N.    Special uses in historic buildings, pursuant to Section 40.240.310.(Amended: Ord. 2006-05-04; Ord. 2021-12-02)

The uses identified in Section 40.240.660 may be allowed only if they meet Sections 40.240.800 through 40.240.900 and all of the following:A.    The proposed use will be compatible with the surrounding area. Review of compatibility shall include impacts associated with the visual character of the area, traffic generation, and noise, dust and odors.B.    The proposed use will not require public services other than those existing or approved for the area.C.    If the subject parcel is located within five hundred (500) feet of lands zoned Gorge Large-Scale or Small-Scale Agriculture, Gorge Small Woodland, new buildings associated with the proposed use shall comply with Section 40.240.130.D.    If the subject parcel is located within five hundred (500) feet of lands designated Gorge Small Woodland, new buildings associated with the proposed use shall comply with Section 40.240.540.(Amended: Ord. 2006-05-04; Ord. 2021-12-02)

The following dimensional standard provisions shall apply to lands zoned Gorge Residential unless otherwise noted herein. In the event of conflict between other Title 40 chapters and this chapter, the provisions of this chapter shall prevail.A.    All new land divisions shall comply with Section 40.240.370 and applicable county regulations. Newly created lots shall comply with the following minimum lot size requirements:1.    Gorge Residential 5 (GR-5), five (5) acres;2.    Gorge Residential 10 (GR-10), ten (10) acres.B.    Minimum lot width of one hundred forty (140) feet for newly created lots, unless required otherwise by the Clark County Fire Marshal.C.    No minimum lot depth requirement.D.    Minimum front setback of fifty (50) feet for all buildings from public road right-of-way or private road easement.E.    Minimum side setback of twenty (20) feet for all residential and accessory buildings, fifty (50) feet for buildings used for agricultural purposes.F.    Minimum rear setback of twenty (20) feet for all buildings.G.    Setbacks shall also comply with provisions of Sections 40.240.130 and 40.240.150.H.    Maximum height restriction of thirty-five (35) feet for residential structures, unless superseded by scenic review criteria of Section 40.240.800 or 40.240.810.I.    Where larger setbacks are not required by Section 40.240.130, parcels which are nonconforming as to minimum lot size or width and depth requirements may observe building setbacks of fifty (50) feet from all property lines except side setbacks adjacent to streets, which may observe building setbacks of twenty-five (25) feet.(Amended: Ord. 2006-05-04; Ord. 2021-12-02)

Sections 40.240.690 through 40.240.730 shall apply to those areas zoned Gorge Public Recreation on the Scenic Area Land Use Map.(Amended: Ord. 2006-05-04)

The uses listed in Section 40.240.120(A) are allowed without review on lands designated Public Recreation.(Amended: Ord. 2006-05-04)

The uses listed in Section 40.240.060 are allowed with review through the expedited review process on lands designated Public Recreation.(Amended: Ord. 2006-05-04)

A.    The following uses may be allowed on lands in the GMA zoned Gorge Public Recreation, subject to compliance with Sections 40.240.890(D)(3) through (7):1.    Publicly owned, resource-based recreation uses consistent with Section 40.240.890;2.    Commercial uses and non-resource-based recreation uses that are part of an existing or approved, resource-based public recreation use consistent with the following:a.    Uses other than those providing public recreation opportunities may be allowed if they do not interfere with existing or approved recreation uses on the subject site or adjacent lands, and do not permanently commit the site to non-recreation uses. b.    Commercial uses may be allowed if they are part of an existing or approved public recreation use and are consistent with the following:(1)    Private concessions and other commercial uses at public recreation sites may be allowed pursuant to adopted policies of the public agency owning or managing the site. If a different agency manages the site, that agency’s policies shall apply, unless superseded by provisions of the owning agency’s policies.(2)    For commercial recreation sites and public recreation sites not owned or managed by a public park agency with adopted concession policies, the following policies shall apply:(a)    Retail sales at campgrounds shall be limited to camping supplies for overnight guests in dedicated space within the registration or central office building.(b)    Private concessions in permanent structures shall be limited to one (1) structure per park site. Sales shall be limited to those items necessary for enjoyment and use of recreation opportunities at the site, including food and beverages and recreation equipment rental.(c)    Mobile vendors may be permitted, subject to approval by the responsible official or examiner. This review shall address solid waste disposal, visual impacts of signs, traffic circulation, and safety. Such uses shall be limited to the term of the recreation season, and sales shall be limited to food and beverages and recreation equipment rental.3.    New cultivation, subject to compliance with Sections 40.240.840 through 40.240.870.B.    The following uses may be allowed on lands in the GMA zoned Gorge Public Recreation, subject to compliance with Section 40.240.730:1.    One (1) single-family dwelling for each existing parcel legally created prior to adoption of the first Management Plan on October 15, 1991. Exceptions may be considered only upon demonstration that more than one (1) residence is necessary for management of a park owned or managed by a public park agency.2.    Accessory structures for an existing or approved dwelling that are not otherwise allowed outright, eligible for the expedited development review process, or allowed in Section 40.240.720(B)(3).3.    Accessory buildings larger than two hundred (200) square feet in area or taller than ten (10) feet in height for a dwelling on any legal parcel are subject to the following additional standards:a.    The combined footprints of all accessory buildings on a single parcel shall not exceed one thousand five hundred (1,500) square feet in area. This combined size limit refers to all accessory buildings on a parcel, including buildings allowed without review, existing buildings and proposed buildings.b.    The height of any individual accessory building shall not exceed twenty-four (24) feet.4.    Agricultural structures in conjunction with agricultural use.5.    Agricultural buildings in conjunction with current agricultural use and, if applicable, proposed agricultural use that a landowner would initiate within one (1) year and complete within five (5) years.6.    Utility transmission, transportation, communication and public works facilities.7.    Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation or natural resources, pursuant to Section 40.240.270.8.    Additions to existing buildings greater than two hundred (200) square feet in area or greater than the height of the existing building.9.    Docks and boathouses, pursuant to Section 40.240.230.10.    Removal/demolition of structures that are fifty (50) or more years old, including wells, septic tanks and fuel tanks.11.    Commercial events, pursuant to Section 40.240.290.(Amended: Ord. 2007-11-13)C.    Land divisions, subject to compliance with Sections 40.240.370 and 40.240.730(C).D.    Special uses in historic buildings, pursuant to Section 40.240.310.(Amended: Ord. 2006-05-04; Ord. 2021-12-02)

The uses identified in Section 40.240.720(B) may be allowed only if they meet the following:A.    The proposed use will not interfere with existing or approved public recreation uses on the subject property or adjacent lands. Mitigation measures to comply with this criterion may include on-site buffers, seasonal or temporary closures during peak recreation use periods, etc.B.    The proposed use will not permanently commit the majority of the site to a non-recreational use. Careful siting and design of structures and other improvements may be used to comply with this criterion.C.    Land divisions may be allowed consistent with Section 40.240.370 if the applicant has demonstrated that the proposed land division is necessary to facilitate, enhance or otherwise improve recreational uses on the site.(Amended: Ord. 2006-05-04; Ord. 2021-12-02)ARTICLE VI. RESOURCE PROTECTION GUIDELINES

The following scenic review guidelines shall apply to all review uses in the GMA:A.    All Review Uses.1.    New development shall be sited and designed to retain the existing topography and reduce necessary grading to the maximum extent practicable.2.    New buildings and expansion of existing development shall be compatible with the general scale of existing nearby development. New buildings that are one thousand five hundred (1,500) square feet or less are exempt from this guideline. Findings addressing this guideline shall include but are not limited to:a.    Application of the landscape setting design guidelines, if applicable.b.    A defined study area surrounding the development that includes at least ten (10) existing buildings, not including existing buildings within urban areas or outside the National Scenic Area.c.    Individual evaluations of scale for each separate proposed building in the application and each separate building in the study area, including:(1)    All finished above ground square footage;(2)    Total area of covered decks and porches;(3)    Attached garages;(4)    Daylight basements;(5)    Breezeways, if the breezeway shares a wall with an adjacent building;(6)    Dimensions, based on information from the application or on Assessor’s records.d.    An overall evaluation demonstrating the proposed development’s compatibility with surrounding development. Buildings in the vicinity of the proposed development that are significantly larger in size than the rest of the buildings in the study area should be removed from this evaluation.3.    Landowners shall be responsible for the proper maintenance and survival of any planted vegetation required by the guidelines in this section.B.    Key Viewing Areas.1.    The guidelines in this section shall apply to proposed development on sites topographically visible from key viewing areas.2.    Each development shall be visually subordinate to its setting as visible from key viewing areas. New development shall be sited to achieve visual subordinance from key viewing areas, unless the siting would place such development in a buffer specified for protection of wetlands, riparian corridors, rare plants, or sensitive wildlife sites or would conflict with guidelines to protect cultural resources. In such situations, new development siting shall comply with this guideline to the maximum extent practicable.3.    Determination of potential visual effects and compliance with visual subordinance policies shall include consideration of the cumulative effects of proposed development.    A determination of the potential visual impact of a new development shall include written findings addressing the following factors:a.    The amount of area of the building site exposed to key viewing areas;b.    The degree of existing vegetation providing screening;c.    The distance from the building site to the key viewing areas from which it is visible;d.    The number of key viewing areas from which it is visible; ande.    The linear distance along the key viewing areas from which the building site is visible (for linear key viewing areas, such as roads). 4.    The extent and type of conditions applied to a proposed development to achieve visual subordinance to its landscape setting shall be proportionate to its potential visual impacts as visible from key viewing areas. Conditions may include, and shall be applied, using the following priorities:a.    Screening by topography;b.    Siting (location of development on the subject property, building orientation, and other elements);c.    Retention of existing vegetation on the applicant’s property;d.    Design (color, reflectivity, size, shape, height, architectural and design details and other elements); ande.    New landscaping on the applicant’s property;f.    New berms or other recontouring on the applicant’s property, where consistent with other applicable provisions.5.    New development shall be sited using existing topography and existing vegetation as needed to achieve visual subordinance from key viewing areas. 6.    Existing tree cover screening proposed development from key viewing areas shall be retained as specified in Section 40.240.800(C).7.    The silhouette of new buildings shall remain below the skyline of a bluff cliff or ridge as visible from key viewing areas.8.    The following guidelines shall apply to new landscaping used to screen development from key viewing areas:a.    New landscaping (including new earth berms) shall be required only when application of all other available guidelines in this section is not sufficient to make the development visually subordinate from key viewing areas. Alternate sites shall be considered prior to using new landscaping to achieve visual subordinance. Development shall be sited to avoid the need for new landscaping wherever possible.b.    If new landscaping is required to make a proposed development visually subordinate from key viewing areas, existing on-site vegetative screening and other visibility factors shall be analyzed to determine the extent of new landscaping, and the size of new trees needed to achieve the standard. Any vegetation planted pursuant to this guideline shall be sized to provide sufficient screening to make the development visually subordinate within five (5) years or less from the commencement of construction. If after five (5) years the vegetation has not achieved a size sufficient to screen the development, additional screening may be required by the responsible official to make the development visually subordinate.c.    Unless as specified otherwise by provisions in this section, landscaping shall be installed as soon as practicable, and prior to project completion. Applicants and successors in interest for the subject parcel are responsible for the proper maintenance and survival of planted vegetation, and replacement of such vegetation that does not survive.d.    The Scenic Resources Implementation Handbook shall include recommended species for each landscape setting consistent with the Landscape Settings Design Guidelines in Section 40.240.800(C), and minimum recommended sizes of new trees planted (based on average growth rates expected for recommended species).9.    Conditions regarding new landscaping or retention of existing vegetation for new development on lands designated Gorge Small Woodland shall meet both scenic guidelines and defensible space requirements in Section 40.240.540(A).10.    Unless expressly exempted by other provisions in this section, colors of structures on sites visible from key viewing areas shall be dark earth tones found at the specific site or in the surrounding landscape. The specific colors approved by the responsible official or examiner shall be included as a condition of approval.11.    The exterior of buildings on lands seen from key viewing areas shall be composed of nonreflective materials or materials with low reflectivity. Continuous surfaces of glass shall be limited to ensure visual subordinance. The Scenic Resources Implementation Handbook includes a list of recommended exterior materials and screening methods. 12.    Any exterior lighting shall be sited, limited in intensity, shielded, or hooded in a manner that prevents lights from being highly visible from key viewing areas and from noticeably contrasting with the surrounding landscape setting, except for road lighting necessary for safety purposes.13.    Additions to existing buildings smaller in total area than the existing building may be the same color as the existing building. Additions larger than the existing building shall be of dark earth tone colors found at the specific site or in the surrounding landscape. The specific colors approved by the responsible official or examiner shall be included as a condition of approval. 14.    Rehabilitation of or modifications to existing significant historic structures shall be exempted from visual subordinance requirements for lands visible from key viewing areas. To be eligible for such exemption, the structure must be included in, or eligible for inclusion in, the National Register of Historic Places or be in the process of applying for a determination of significance pursuant to such regulations. Rehabilitation of or modifications to structures meeting this guideline shall be consistent with National Park Service regulations for such structures.15.    New main lines on lands visible from key viewing areas for the transmission of electricity, gas, oil, other fuels, or communications, except for connections to individual users or small clusters of individual users, shall be built in existing transmission corridors unless it can be demonstrated that use of existing corridors is not practicable. Such new lines shall be underground as a first preference unless it can be demonstrated to be impracticable.16.    New communication facilities (antennas, dishes, etc.) on lands visible from key viewing areas, which require an open and unobstructed site, shall be built upon existing facilities unless it can be demonstrated that use of existing facilities is not practicable.17.    New communications facilities may protrude above a skyline visible from a key viewing area only upon demonstration that:a.    The facility is necessary for public service;b.    The break in the skyline is visible only in the background; andc.    The break in the skyline is the minimum necessary to provide the service.18.    Overpasses, safety and directional signs and other road and highway facilities may protrude above a skyline visible from a key viewing area only upon a demonstration that:a.    The facility is necessary for public service; and b.    The break in the skyline is the minimum necessary to provide the service.19.    New buildings shall not be permitted on lands visible from key viewing areas with slopes in excess of thirty percent (30%). A variance may be authorized if the property would be rendered unbuildable through the application of this guideline. In determining the slope, the average percent slope of the proposed building footprint shall be used.20.    Driveways and buildings shall be designed and sited to minimize visibility of cut banks and fill slopes from key viewing areas.21.    All proposed structural development involving more than two hundred (200) cubic yards of grading on sites visible from key viewing areas shall include submittal of a grading plan. This plan shall be reviewed by the responsible official or examiner for compliance with key viewing area policies. The grading plan shall include the following:a.    A map of the site, prepared at a scale of one (1) inch equals two hundred (200) feet (1:2,400), or a scale providing greater detail, with contour intervals of at least five (5) feet, including:(1)    Existing and proposed final grades; (2)    Location of all areas to be graded, with cut banks and fill slopes delineated; and (3)    Estimated dimensions of graded areas.b.    A narrative description (may be submitted on the grading plan site map and accompanying drawings) of the proposed grading activity, including:(1)    Its purpose;(2)    An estimate of the total volume of material to be moved;(3)    The height of all cut banks and fill slopes;(4)    Provisions to be used for compaction, drainage, and stabilization of graded areas (preparation of this information by a licensed engineer or engineering geologist is recommended);(5)    A description of all plant materials used to revegetate exposed slopes and banks, including type of species, number, size and location of plants, and a description of irrigation provisions or other measures necessary to ensure the survival of plantings; and(6)    A description of any other interim or permanent erosion control measures to be utilized.(Amended: Ord. 2006-08-21; Ord. 2008-06-02)C.    All review uses within the following landscape settings, as delineated by the Columbia River Gorge Management Plan Landscape Settings map, shall comply with the following applicable guidelines:1.    Pastoral.a.    Accessory structures, outbuildings and accessways shall be clustered together as much as possible, particularly towards the edges of existing meadows, pastures and farm fields.b.    In portions of this setting visible from key viewing areas, the following guidelines shall be employed to achieve visual subordinance for new development and expansion of existing development:(1)    Except as is necessary for site development or safety purposes, the existing tree cover screening the development from key viewing areas shall be retained.(2)    Vegetative landscaping shall, where feasible, retain the open character of existing pastures and fields.(3)    At least one-half (1/2) of any trees planted for screening purposes shall be species native to the setting. Examples of native species appropriate for the area are identified in the Scenic Implementation Handbook. (4)    At least one-quarter (1/4) of any trees planted for screening shall be coniferous for winter screening. Variances may be granted to this guideline when development is directly adjacent or adjoining a landscape setting where coniferous trees are not common or appropriate (as identified in the Scenic Implementation Handbook), and tree species ultimately selected for winter screening are natives characteristic to that setting.c.    Compatible recreation uses include resource-based recreation uses of a very low- or low-intensity nature (as defined by Section 40.240.890), occurring infrequently in the landscape.2.    Coniferous Woodland.a.    Structure height shall remain below the forest canopy level.b.    In portions of this setting visible from key viewing areas, the following guidelines shall be employed to achieve visual subordinance for new development and expansion of existing development:(1)    Except as is necessary for construction of access roads, building pads, leach fields, etc., the existing tree cover screening the development from key viewing areas shall be retained.(2)    At least one-half (1/2) of any trees planted for screening purposes shall be species native to the setting. Examples of native species appropriate for the area are identified in the Scenic Implementation Handbook.(3)    At least one-half (1/2) of any trees planted for screening purposes shall be coniferous to provide winter screening.c.    Compatible recreation uses include resource-based recreation uses of varying intensities. Typically, outdoor recreation uses should be low intensity, and include trails, small picnic areas and scenic viewpoints. Some more intensive recreation uses, such as campgrounds, may occur. They should be scattered, interspersed with large areas of undeveloped land and low-intensity uses.3.    Rural Residential.a.    Existing tree cover shall be retained as much as possible, except as is necessary for site development, safety purposes, or as part of forest management practices.b.    In portions of this setting visible from key viewing areas the following guidelines shall be employed to achieve visual subordinance for new development and expansion of existing development:(1)    Except as is necessary for site development or safety purposes, the existing tree cover screening the development from key viewing areas shall be retained.(2)    Vegetative landscaping shall, where feasible, retain the open character of existing pastures and fields.(3)    At least one-half (1/2) of any trees planted for screening purposes shall be species native to the setting or species identified in the Scenic Implementation Handbook as appropriate for the area.(4)    At least one-half (1/2) of any trees planted for screening purposes shall be coniferous to provide winter screening.c.    Compatible recreation uses should be limited to very low- and low-intensity resource-based recreation uses (such as scenic overlooks).4.    Rural Residential/Pastoral.a.    New development in this setting shall meet the design guidelines for both the Rural Residential setting and the more rural Pastoral setting with which it is combined unless it can be demonstrated that compliance with the guidelines for the more rural setting is impracticable. Expansion of existing development shall comply with this guideline to the maximum extent practicable.b.    In the event of a possible conflict between the guidelines, the guidelines for the more rural Pastoral setting shall apply, unless it can be demonstrated that application of such guidelines would not be practicable.c.    Compatible recreation uses should be limited to very low- and low-intensity resource-based recreation uses, scattered infrequently in the landscape.5.    River Bottomlands.a.    In portions of this setting visible from key viewing areas, the following guidelines shall be employed to achieve visual subordinance for new development and expansion of existing development:(1)    Except as is necessary for site development or safety purposes, existing tree cover screening the development from key viewing areas shall be retained.(2)    At least one-half (1/2) of any trees planted for screening purposes shall be species native to the River Bottomland setting. Public recreation development is encouraged to maximize the percentage of planted screening vegetation native to this setting.(3)    At least one-quarter (1/4) of any trees planted for screening purposes shall be coniferous for winter screening. Variances may be granted to this guideline when development is directly adjacent or adjoining a landscape setting where coniferous trees are not common or appropriate (as identified in the Scenic Implementation Handbook), and tree species ultimately selected for winter screening are natives characteristic to that setting.b.    Compatible recreation uses depend on the degree of natural resource sensitivity of a particular site. In the most critically sensitive River Bottomlands, very low-intensity uses which do not impair wetlands or special habitat requirements may be compatible. In other River Bottomland areas, nodes of moderate- or high-intensity recreation uses may be compatible; provided, that:(1)    Their designs emphasize retention or enhancement of native riparian communities;(2)    Structures and parking areas are visually subordinate; and(3)    They are separated from other areas of concentrated recreation usage by stretches of natural appearing shoreline and adjacent uplands.D.    All review uses within scenic travel corridors shall comply with the following applicable guidelines:1.    For the purposes of implementing this section, the immediate foreground of a scenic travel corridor shall include those lands within one-quarter (1/4) mile of the edge of pavement of the Washington State Route 14.2.    All new buildings and alterations to existing buildings shall be set back at least one hundred (100) feet from the edge of pavement of Washington State Route 14 (SR-14). A variance to this setback requirement may be granted pursuant to Section 40.240.150. All new parking lots and expansions of existing parking lots shall be set back at least one hundred (100) feet from the edge of pavement of SR-14, to the maximum extent practicable.3.    Additions to existing buildings or expansion of existing parking lots located within one hundred (100) feet of the edge of pavement of SR-14 shall comply with subsection (D)(2) of this section to the maximum extent practicable.4.    All proposed vegetation management projects in public rights-of-way to provide or improve views shall include the following:a.    An evaluation of potential visual impacts of the proposed project as visible from any key viewing area;b.    An inventory of any rare plants, sensitive wildlife habitat, wetlands or riparian areas on the project site. If such resources are determined to be present, the project shall comply with applicable guidelines to protect the resources.5.    When evaluating possible locations for undergrounding of signal wires or powerlines, railroads and utility companies shall prioritize those areas specifically recommended as extreme or high priorities for undergrounding in the Columbia River Gorge National Scenic Area Corridor Visual Inventory prepared in April, 1990.6.    New exploration, development (extraction or excavation), and production of mineral resources proposed within one-quarter (1/4) mile of the edge of pavement of SR-14 may be allowed upon a demonstration that full visual screening of the site from SR-14 can be achieved by use of existing topographic features or existing vegetation designed to be retained through the planned duration of the proposed project. An exception to this may be granted if planting of new vegetation in the vicinity of the access road to the mining area would achieve full screening. If existing vegetation is partly or fully employed to achieve visual screening, over seventy-five percent (75%) of the tree canopy area shall be coniferous species providing adequate winter screening. Mining and associated primary processing of mineral resources is prohibited within one hundred (100) feet of SR-14, as measured from the edge of pavement, except for access roads. Compliance with full screening requirements shall be achieved within time frames specified in Section 40.240.285(E).7.    Expansion of existing quarries may be allowed pursuant to Section 40.240.285. Compliance with visual subordinance requirements shall be achieved within time frames specified in Section 40.240.285(D).(Amended: Ord. 2006-05-04; Ord. 2008-06-02; Ord. 2021-12-02)

A.    SMA Design Guidelines Based on Landscape Settings.    The following guidelines apply to all lands within SMA landscape settings regardless of visibility from key viewing areas (includes areas visible from key viewing areas as well as areas not visible from key viewing areas):1.    Pastoral. Pastoral areas shall retain the overall appearance of an agricultural landscape.a.    The use of plant species native to the landscape setting. Examples of native species are identified in the Scenic Implementation Handbook as appropriate to the area shall be encouraged. The use of agricultural plant species in rows as commonly found in the landscape setting is also encouraged.2.    Coniferous Woodlands areas shall retain the overall appearance of a woodland landscape. New developments and land uses shall retain the overall visual character of the natural appearance of the Coniferous Woodland landscape.a.    Buildings in the Coniferous Woodland landscape setting designed to have a vertical overall appearance shall be encouraged.b.    Use of plant species native to the landscape setting shall be encouraged. Examples of native species are identified in the Scenic Implementation Handbook. Where non-native plants are used, they shall have native appearing characteristics.3.    River Bottomlands. River bottomlands shall retain the overall visual character of a floodplain and associated islands.a.    Buildings shall have an overall horizontal appearance in areas with little tree cover.b.    Use of plant species native to the landscape setting. Examples of native species are identified in the Scenic Implementation Handbook as appropriate to the area shall be encouraged. Where non-native plants are used, they shall have native appearing characteristics.B.    SMA Guidelines for Development and Uses Visible from Key Viewing Areas.1.    The guidelines in this section shall apply to proposed development on sites topographically visible from key viewing areas.2.    New development and land uses shall be evaluated to ensure that the required scenic standard is met and that scenic resources are adversely affected, including cumulative effects, based on the degree of visibility from key viewing areas.3.    In all landscape settings, scenic standards shall be met by blending new development with the adjacent natural landscape elements rather than with existing development.4.    Proposed development or land use shall be sited to achieve the applicable scenic standard. Development shall be designed to fit the natural topography to take advantage of landform and vegetation screening, and to minimize visible grading or other modifications of landforms, vegetation cover and natural characteristics. When screening of development is needed to meet the scenic standard from key viewing areas, use of existing topography and vegetation shall be given priority over other means of achieving the scenic standard such as planting new vegetation or using artificial berms.5.    The required SMA scenic standards for all development and uses are summarized below in Table 40.240.810-1.6.    The extent and type of conditions applied to a proposed development or use to achieve the scenic standard shall be proportionate to its degree of visibility from key viewing areas.a.    Administrative and examiner’s decisions shall include written findings addressing the factors influencing the degree of visibility, including but not limited to the following:(1)    Amount of area of the building site exposed to key viewing areas;(2)    Degree of existing vegetation providing screening;(3)    Distance from the building site to the key viewing areas from which it is visible;(4)    Number of key viewing areas from which it is visible; and(5)    Linear distance along the key viewing areas from which the building site is visible (for linear key viewing areas such as roads).b.    Conditions may be applied to various elements of proposed developments to ensure they meet the scenic standard for their setting as visible from key viewing areas, including but not limited to:(1)    Siting (location of development on the subject property, building orientation, and other elements);(2)    Retention of existing vegetation;(3)    Design (form, line, color, texture reflectivity, size, shape, height, architectural and design details and other elements); and(4)    New landscaping.7.    Sites approved for new development to achieve scenic standards shall be consistent with guidelines to protect wetlands, riparian corridors, rare plant or wildlife sites and the buffer zones of each of these natural resources, and guidelines to protect cultural resources.8.    Proposed developments shall not protrude above the line of a bluff, cliff, or skyline as visible from key viewing areas.9.    Structure height shall remain below the average tree canopy height of the natural vegetation adjacent to the structure, except if it has been demonstrated that meeting this guideline is not feasible considering the function of the structure.10.    The following guidelines shall apply to new landscaping used to screen development from key viewing areas:a.    New landscaping (including new earth berms) to achieve the required scenic standard from key viewing areas shall be required only when application of all other available guidelines in this chapter is not sufficient to make the development meet the scenic standard from key viewing areas. Development shall be sited to avoid the need for new landscaping wherever possible.b.    If new landscaping is necessary to meet the required standard, existing on-site vegetative screening and other visibility factors shall be analyzed to determine the extent of new landscaping, and the size of new trees needed to achieve the standard. Any vegetation planted pursuant to this guideline shall be sized to provide sufficient screening to meet the scenic standard within five (5) years or less from the commencement of construction.c.    Landscaping shall be installed as soon as practicable, and prior to project completion. Applicants and successors in interest for the subject parcel are responsible for the proper maintenance and survival of planted vegetation, and replacement of such vegetation that does not survive.d.    The Scenic Resources Implementation Handbook shall include recommended species for each landscape setting consistent with the Landscape Settings Design Guidelines in this chapter, and minimum recommended sizes of new trees planted (based on average growth rates expected for recommended species).11.    Unless expressly exempted by other provisions in this chapter, colors of structures on sites visible from key viewing areas shall be dark earth tones found at the specific site or the surrounding landscape. The specific colors or list of acceptable colors shall be included as a condition of approval. The Scenic Resources Implementation Handbook will include a recommended palette of colors as dark or darker than the colors in the shadows of the natural features surrounding each landscape setting.12.    The exterior of structures on lands seen from key viewing areas shall be composed of nonreflective materials or materials with low reflectivity. Continuous surfaces of glass shall be limited to ensure meeting the scenic standard. The Scenic Resources Implementation Handbook includes a list of recommended exterior materials and screening methods.13.    Any exterior lighting shall be sited, limited in intensity, and shielded or hooded in a manner that prevents lights from being highly visible from key viewing areas and from noticeably contrasting with the surrounding landscape setting except for road lighting necessary for safety purposes.14.    Seasonal lighting displays may be permitted on a temporary basis, not to exceed three (3) months’ duration.15.    New buildings shall be compatible with the general scale of existing nearby development. Expansion of existing development shall comply with this guideline to the maximum extent practicable. New buildings that are one thousand five hundred (1,500) square feet or less are exempt from this guideline. Findings addressing this guideline shall include but are not limited to:a.    Application of the landscape setting design guidelines, if applicable.b.    A defined study area surrounding the development that includes at least ten (10) existing buildings, not including existing buildings within urban areas or outside the National Scenic Area.c.    Individual evaluations of scale for each separate proposed building in the application and each separate building in the study area, including:(1)    All finished above ground square footage;(2)    Total area of covered decks and porches;(3)    Attached garages;(4)    Daylight basements;(5)    Breezeways, if the breezeway shares a wall with an adjacent building;(6)    Dimensions, based on information from the application or on Assessor’s records.d.    An overall evaluation demonstrating the proposed development’s compatibility with surrounding development. Buildings in the vicinity of the proposed development that are significantly larger in size than the rest of the buildings in the study area should be removed from this evaluation.(Amended: Ord. 2008-06-02)C.    SMA Guidelines for Key Viewing Area Foregrounds and Scenic Routes.1.    All new developments and land uses immediately adjacent to scenic routes shall be in conformance with state or county scenic route guidelines.2.    Scenic highway corridor strategies shall be implemented for Washington State Route 14 (SR-14). For SR-14 this involves ongoing implementation (and possible updating) of the associated existing documents.3.    The goals of scenic corridor strategies shall include: (a) providing a framework for future highway improvements and management that meet Management Plan scenic guidelines and public transportation needs; and (b) creating design continuity for the highway corridor within the National Scenic Area. Corridor strategies shall, at minimum, include design guidelines (e.g., materials, conceptual designs, etc.) for typical projects that are consistent with Management Plan scenic resources provisions and an interdisciplinary, interagency project planning and development process.4.    The following guidelines shall apply only to development within the immediate foregrounds of key viewing areas. Immediate foregrounds are defined as within the developed prism of a road or trail KVA or within the boundary of the developed area of KVAs such as Crown Pt. and Multnomah Falls. These guidelines apply in addition to applicable guidelines of Section 40.240.810(B).a.    The proposed development shall be designed and sited to meet the applicable scenic standard from the foreground of the subject key viewing area. If the development cannot meet the standard, findings must be made documenting why the project cannot meet the requirements in Section 40.240.810(B) and why it cannot be redesigned or wholly or partly relocated to meet the scenic standard.b.    Findings must evaluate the following:(1)    The limiting factors to meeting the required scenic standard and applicable guidelines from Section 40.240.810(B);(2)    Reduction in project size;(3)    Options for alternative sites for all or part of the project, considering parcel configuration and on-site topographic or vegetative screening; and(4)    Options for design changes including changing the design shape, configuration, color, height, or texture in order to meet the scenic standard.c.    Form, line, color, texture, and design of a proposed development shall be evaluated to ensure that the development blends with its setting as visible from the foreground of key viewing areas:(1)    Form and line design of the development shall minimize changes to the form of the natural landscape. Development shall borrow form and line from the landscape setting and blend with the form and line of the landscape setting. Design of the development shall avoid contrasting form and line that unnecessarily call attention to the development.(2)    Color shall be found in the project’s surrounding landscape setting. Colors shall be chosen and repeated as needed to provide unity to the whole design.(3)    Texture borrowed from the landscape setting shall be emphasized in the design of structures. Landscape textures are generally rough, irregular, and complex rather than smooth, regular, and uniform.(4)    Design solutions shall be compatible with the natural scenic quality of the Gorge. Building materials shall be natural or natural appearing. Building materials such as concrete, steel, aluminum, or plastic shall use form, line, color and texture to harmonize with the natural environment. Design shall balance all design elements into a harmonious whole, using repetition of elements and blending of elements as necessary.5.    Right-of-way vegetation shall be managed to minimize visual impact of clearing and other vegetation removal as visible from key viewing areas. Roadside vegetation management (vista clearing, planting, etc.) should enhance views from the highway.6.    Screening from key viewing areas shall be encouraged for existing and required for new road maintenance, warehouse, and stockpile areas.D.    SMA Guidelines for Areas Not Visible from Key Viewing Areas.1.    Unless expressly exempted by other provisions in this chapter, colors of structures on sites not visible from key viewing areas shall be dark earth tones found at the specific site. The specific colors or list of acceptable colors shall be approved as a condition of approval, drawing from other recommended palette of colors included in the Scenic Resources Implementation Handbook.2.    New buildings shall be compatible with the general scale of existing nearby development. Expansion of existing development shall comply with this guideline to the maximum extent practicable. New buildings that are one thousand five hundred (1,500) square feet or less are exempt from this guideline. Findings addressing this guideline shall include but are not limited to:a.    Application of the landscape setting design guidelines, if applicable.b.    A defined study area surrounding the development that includes at least ten (10) existing buildings, not including existing buildings within urban areas or outside the National Scenic Area.c.    Individual evaluations of scale for each separate proposed building in the application and each separate building in the study area, including:(1)    All finished above ground square footage;(2)    Total area of covered decks and porches;(3)    Attached garages;(4)    Daylight basements;(5)    Breezeways, if the breezeway shares a wall with an adjacent building;(6)    Dimensions, based on information from the application or on Assessor’s records.d.    An overall evaluation demonstrating the proposed development’s compatibility with surrounding development. Buildings in the vicinity of the proposed development that are significantly larger in size than the rest of the buildings in the study area should be removed from this evaluation.(Amended: Ord. 2006-05-04; Ord. 2021-12-02)

A.    General Provisions for Implementing the Cultural Resources Protection Process.1.    All cultural resource surveys, evaluations, assessments, and mitigation plans shall be performed by professionals whose expertise reflects the type of cultural resources that are involved. Principal investigators shall meet the professional standards published in 36 CFR Part 61 and Guidelines for Evaluating and Documenting Traditional Cultural Properties (Parker and King, no date).2.    Cultural resource surveys, evaluations, assessments, and mitigation plans shall generally be conducted in consultation with tribal governments and any party who submits written comments on the proposed use related to such surveys, assessments, plans and evaluations. Tribal governments shall be consulted if the affected cultural resources are precontact or otherwise associated with Native Americans. If the cultural resources are associated with non-Native Americans, such as an historic house or pioneer campsite, the tribal governments do not have to be consulted. Comments received from a tribal government at any time during the responsible official’s or examiner’s review of a proposed development or use shall be considered to ensure that the proposed development or use does not affect or modify the treaty or other rights of that tribe.3.    Reconnaissance and Historic Surveys and Survey Reports.a.    Reconnaissance Survey Requirements and Exceptions.(1)    Each proposed use or element of a proposed use within an application shall be evaluated independently to determine whether a reconnaissance survey is required; for example, an application that proposes a land division and a new dwelling would require a reconnaissance survey if a survey would be required for the dwelling.(2)    A reconnaissance survey shall be required for all proposed uses within five hundred (500) feet of a known cultural resource, and all proposed uses within one hundred (100) feet of a high probability area, including those uses listed as exceptions in Section 40.240.820(A)(3)(a)(3). The Forest Service maintains a map of known cultural resources and a probability map. Both maps are confidential as required by the National Scenic Area Act, other federal law, and Washington law.(3)    A reconnaissance survey shall be required for all proposed uses, except:(a)    The modification, expansion, replacement, or reconstruction of existing buildings and structures.(b)    Proposed uses that would not disturb the ground, including land divisions and lot line adjustments; storage sheds that do not require a foundation; installation of surface chemical toilets; hand treatment of brush within established rights-of-way; and new uses of existing structures.(c)    Proposed uses that involve minor ground disturbance, as defined by depth and extent, including repair and maintenance of lawfully constructed and serviceable structures; home gardens; livestock grazing; cultivation that employs minimum tillage techniques, such as replanting pastures using a grassland drill; construction of fences; new utility poles that are installed using an auger, post-hole digger, or similar implement; and placement of manufactured homes where septic systems and underground utilities are not involved. The Gorge Commission shall review all land use applications and determine if proposed uses would have a minor ground disturbance.(d)    Proposed uses that occur on sites that have been disturbed by human activities; provided, that the proposed uses do not exceed the depth and extent of existing ground disturbance. To qualify for this exception, a project applicant must demonstrate that land-disturbing activities occurred in the project area. Land-disturbing activities include grading and cultivation.(e)    Proposed uses that would occur on sites that have been adequately surveyed in the past. Past surveys must have been conducted by a qualified professional and must include a surface survey and subsurface testing. The nature and extent of any cultural resources in the project area must be adequately documented.(f)    Proposed uses occurring in areas that have a low probability of containing cultural resources, except:(i)    Residential development that involves two (2) or more new dwellings for the same project applicant.(ii)    Recreation facilities that contain parking areas for more than ten (10) cars, overnight camping facilities, boat ramps, and visitor information and environmental education facilities.(iii)    Public transportation facilities that are outside improved rights-of-way.(iv)    Electric facilities, lines, equipment, and appurtenances that are thirty-three (33) kilovolts or greater.(v)    Communications, water and sewer, and natural gas transmission (as opposed to distribution) lines, pipes, equipment, and appurtenances.(4)    Areas that have a low probability of containing cultural resources shall be identified by the Columbia River Gorge Commission using the results of reconnaissance surveys conducted by the Gorge Commission, the Forest Service, public agencies, and private archaeologists.(5)    The Gorge Commission may choose to conduct a reconnaissance survey for proposed uses listed in the exceptions if, in its professional judgment, a reconnaissance survey may be necessary to ensure protection of cultural resources.b.    A historic survey shall be required for all proposed uses that would alter the exterior architectural appearance of buildings and structures that are fifty (50) years old or older, or would compromise features of the surrounding area that are important in defining the historic or architectural character of buildings or structures that are fifty (50) years old or older.c.    The Gorge Commission shall conduct and pay for all reconnaissance and historic surveys for small-scale uses in the GMA. When archaeological resources or traditional cultural properties are discovered, the Gorge Commission also shall identify the approximate boundaries of the resource or property and delineate a reasonable buffer zone. Reconnaissance surveys and buffer zone delineations for large-scale uses shall be the responsibility of the project applicant. Project applicants are responsible for paying for evaluations of significance and mitigation plans for cultural resources that are discovered during construction of small-scale and large-scale uses in the GMA. For this section, large-scale uses include residential development involving two (2) or more new dwellings; all recreation facilities; commercial and industrial development; public transportation facilities; electric facilities, lines, equipment, and appurtenances that are thirty-three (33) kilovolts or greater; and communications, water and sewer, and natural gas transmission (as opposed to distribution) lines, pipes, equipment, and appurtenances.d.    Reconnaissance Surveys for Small-Scale Uses.(1)    Reconnaissance surveys for small-scale uses shall be designed by a qualified professional.(2)    Reconnaissance surveys for small-scale uses shall generally include a surface survey and subsurface testing. They shall meet the following guidelines:(a)    A surface survey of the project area shall be conducted, except for inundated areas and impenetrable thickets.(b)    Subsurface testing shall be conducted if the surface survey reveals that cultural resources may be present. Subsurface probes shall be placed at intervals sufficient to determine the absence or presence of cultural resources.e.    Reconnaissance Survey Reports for Small-Scale Uses. The results of a reconnaissance survey for small-scale uses shall be documented in a confidential report that includes:(1)    A description of the fieldwork methodology used to identify cultural resources, including a description of the type and extent of the reconnaissance survey.(2)    A description of any cultural resources that were discovered in the project area, including a written description and photographs.(3)    A map that shows the project area, the areas surveyed, the location of subsurface probes, and, if applicable, the approximate boundaries of the affected cultural resources and a reasonable buffer zone.f.    Reconnaissance Surveys for Large-Scale Uses.(1)    Reconnaissance surveys for large-scale uses shall be designed by a qualified professional. A written description of the survey shall be submitted to and approved by the Gorge Commission’s designated archaeologist.(2)    Reconnaissance surveys shall reflect the physical characteristics of the project area and the design and potential effects of the proposed use. They shall meet the following guidelines:(a)    Archival research shall be performed before any fieldwork. It should entail a thorough examination of tax records; historic maps, photographs, and drawings; previous archaeological, historic, and ethnographic research; cultural resource inventories and records maintained by federal, state, and local agencies; and primary historic accounts, such as diaries, journals, letters, and newspapers.(b)    Surface surveys shall include the entire project area, except for inundated areas and impenetrable thickets.(c)    Subsurface probes shall be placed at intervals sufficient to document the presence or absence of cultural resources.(d)    Archaeological site inventory forms shall be submitted to the State Historic Preservation Officer whenever cultural resources are discovered.g.    Reconnaissance Survey Reports for Large-Scale Uses. The results of a reconnaissance survey for large-scale uses shall be documented in a confidential report that includes:(1)    A description of the proposed use, including drawings and maps.(2)    A description of the project area, including soils, vegetation, topography, drainage, past alterations, and existing land use.(3)    A list of the documents and records examined during the archival research and a description of any precontact or historic events associated with the project area.(4)    A description of the fieldwork methodology used to identify cultural resources, including a map that shows the project area, the areas surveyed, and the location of subsurface probes. The map shall be prepared at a scale that provides accurate and readable details. In no event shall the scale be less than one (1) inch equals one hundred (100) feet (1:1,200).(5)    An inventory of the cultural resources that exist in the project area, including a written description, photographs, drawings, and a map. The map shall be prepared at a scale that provides accurate and readable details. In no event shall the scale be less than one (1) inch equals one hundred (100) feet (1:1,200).(6)    A summary of all written comments submitted by tribal governments and other interested parties.(7)    A preliminary assessment of whether the proposed use would or would not have an effect on cultural resources. The assessment shall incorporate concerns and recommendations voiced during consultation meetings and information obtained through archival and ethnographic research and field surveys.h.    Historic Surveys and Reports.(1)    Historic surveys shall document the location, form, style, integrity, and physical condition of historic buildings and structures. They shall include original photographs and maps. Archival research, blueprints, and drawings should be used as necessary.(2)    Historic surveys shall describe any uses that will alter or destroy the exterior architectural appearance of the historic buildings or structures, or compromise features of the site that are important in defining the overall historic character of the historic buildings or structures.(3)    The project applicant shall provide detailed architectural drawings and building plans that clearly illustrate all proposed alterations.4.    The responsibility and cost of preparing an evaluation of significance, assessment of effect, or mitigation plan shall be borne by the project applicant for resources of small-scale and large-scale uses.5.    Cultural resources are significant if one (1) of the following criteria is satisfied:a.    The cultural resources are included in, or eligible for inclusion in, the National Register of Historic Places. The criteria for evaluating the eligibility of cultural resources for the National Register of Historic Places appear in the “National Register Criteria for Evaluation” (36 CFR 60.4). Generally, cultural resources must meet one (1) or more of the following criteria. If a cultural resource meets one (1) or more of the criteria, then it shall be assessed for integrity of location, design, setting, materials, workmanship, feeling, and association. If a cultural resource has the requisite integrity, then it would be eligible for the National Register of Historic Places.b.    The cultural resources are determined to be culturally significant by a tribal government, based on criteria developed by that tribal government.6.    The Gorge Commission shall establish a Cultural Advisory Committee (CAC). The CAC shall comprise cultural resource professionals, interested individuals, and at least one (1) representative from each of the four (4) Columbia River treaty tribes. If a project applicant’s and tribal government’s evaluations of significance contradict, the Cultural Advisory Committee (CAC) shall review the applicant’s evaluation and tribal government’s substantiated concerns. The CAC will submit a recommendation to the responsible official or examiner as to whether affected cultural resources are significant.7.    Determination of potential effects to significant cultural resources shall include consideration of cumulative effects of proposed development that is subject to any of the following: (a) a reconnaissance or historic survey; (b) a determination of significance; (c) an assessment of effect; or (d) a mitigation plan.(Amended: Ord. 2018-03-04)B.    Cultural Resource Reconnaissance and Historic Surveys.1.    Consultation and Ethnographic Research.a.    When written comments are submitted to the responsible official or examiner within the comment period provided for in Section 40.240.050(F), the project applicant shall offer to meet with the commenting parties within ten (10) calendar days. The ten (10) day consultation period may be extended upon agreement between the project applicant and the commenting parties. Consultation meetings should provide an opportunity for commenting parties to explain how the proposed use may affect cultural resources. This consultation meeting may include oral history identification through tribal sources. Recommendations to avoid potential conflicts should be discussed. All written comments and consultation meeting minutes shall be incorporated into the reconnaissance or historic survey report, except that sensitive tribal information may be redacted by an appropriate tribal representative. In instances where a survey is not required, all such information shall be recorded and addressed in a report that typifies a survey report; inapplicable elements may be omitted.b.    A project applicant who is proposing a large-scale use shall conduct interviews and other forms of ethnographic research if parties commenting on the application submit a written request for such research. All requests must include a description of the cultural resources that may be affected by the proposed use and the identity of knowledgeable informants. Ethnographic research shall be conducted by qualified specialists. Recordings, maps, photographs, and minutes shall be used when appropriate. All written comments, consultation meeting minutes, and ethnographic research shall be incorporated into the reconnaissance or historic survey report. In instances where a survey is not required, all such information shall be recorded and addressed in a report that typifies a survey report.2.    Notice of Survey Results.a.    The responsible official shall submit a copy of all cultural resource survey reports to the SHPO and the tribal governments. Survey reports may include measures to avoid affected cultural resources, such as a map that shows a reasonable buffer zone.b.    The SHPO and the tribal governments shall have thirty (30) calendar days from the date a survey report is sent to submit written comments to the responsible official or examiner. The responsible official or examiner shall record and address all written comments in the administrative or examiner’s decision.3.    Conclusion of the Cultural Resource Protection Process.a.    The administrative or examiner’s decision shall address whether the proposed use would be consistent with this section. If the decision contradicts the comments submitted by the SHPO or tribal government, the responsible official or examiner shall justify how it reached an opposing conclusion.b.    The cultural resource protection process may conclude when one (1) of the following conditions exists:(1)    The proposed use does not require a reconnaissance or historic survey, no cultural resources are known to exist in the project area, and no substantiated concerns were voiced by parties commenting on the application within thirty (30) calendar days of the date that a notice was sent.(2)    A reconnaissance survey demonstrates that cultural resources do not exist in the project area and no substantiated concerns were voiced by commenting parties within thirty (30) calendar days of the date that a notice was sent.(3)    The proposed use would avoid archaeological resources and traditional cultural resources that exist in the project area. To meet this guideline, a reasonable buffer zone must be established around the affected resources or properties; all ground disturbing activities shall be prohibited within the buffer zone. Buffer zones must preserve the integrity and context of cultural resources. They will vary in width depending on the eventual use of the project area, the type of cultural resources that are present, and the characteristics for which the cultural resources may be significant. A deed covenant, easement, or other appropriate mechanism shall be developed to ensure that the buffer zone and the cultural resources are protected.c.    An evaluation of significance shall be conducted if a project applicant decides not to avoid the affected cultural resource. In these instances, the reconnaissance survey and survey report shall be incorporated into the evaluation of significance.d.    A historic survey demonstrates that the proposed use would not have an effect on historic buildings or structures:(1)    To demonstrate that the proposed use would not have an effect on historic buildings or structures, the historic survey must satisfy one (1) of the following guidelines:(a)    The SHPO concludes that the historic buildings or structures are clearly not significant, as determined by using the criteria in the “National Register Criteria for Evaluation” (36 CFR 60.4); or(b)    The proposed use would not compromise the historic or architectural character of the affected buildings or structures, or compromise features of the site that are important in defining the overall historic character of the affected buildings or structures, as determined by the guidelines and standards in The Secretary of the Interior’s Standards for Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (U.S. Department of the Interior 19832017 or most recent revision).(2)    The historic survey conducted by the Gorge Commission may provide sufficient information to satisfy these guidelines. If it does not, architectural and building plans, photographs, and archival research may be required. The project applicant shall be responsible for providing information beyond that included in the survey conducted by the Gorge Commission. (3)    The historic survey and report must demonstrate that these guidelines have been clearly and absolutely satisfied. If the SHPO, responsible official or examiner question whether these guidelines have been satisfied, the project applicant shall conduct an evaluation of significance.C.    Evaluation of Significance.1.    Evaluation Criteria and Information Needs. If cultural resources would be affected by a new use, an evaluation of their significance shall be conducted. Evaluations of significance shall meet the following guidelines:a.    Evaluations of significance shall follow the procedures in How to Apply the National Register Criteria for Evaluation (U.S. Department of the Interior, 1997 or most recent revision) and Guidelines for Evaluating and Documenting Traditional Cultural Properties (Parker and King, 1998 or most recent revision). They shall be presented within local and regional contexts and shall be guided by previous research and current research designs that are relevant to specific research questions for the Columbia River Gorge.b.    To evaluate the significance of cultural resources, the information gathered during the reconnaissance or historic survey may have to be supplemented. Detailed field mapping, subsurface testing, photographic documentation, laboratory analyses, and archival research may be required.c.    The project applicant shall contact tribal governments and commenting parties as appropriate. Ethnographic research shall be undertaken as necessary to fully evaluate the significance of the cultural resources.d.    The evaluation of significance shall follow the principles, guidelines, and report format recommended by Washington Department of Archaeology and Historic Preservation (Washington DAHP). It shall incorporate the results of the reconnaissance or historic survey and shall illustrate why each cultural resource is or is not significant. Findings shall be presented within the context of relevant local and regional research.e.    All documentation used to support the evaluation of significance shall be cited. Evidence of consultation with tribal governments and other commenting parties shall be presented. All comments, recommendations, and correspondence from tribal governments and commenting parties shall be appended to the evaluation of significance.2.    Notice of Evaluation Results.a.    If the evaluation of significance demonstrates that the cultural resources are not significant, the responsible official shall submit a copy of the evaluation of significance to the SHPO and the tribal governments for concurrence.b.    The SHPO, tribal governments, and commenting parties shall have thirty (30) calendar days from the date the evaluation of significance is sent to submit written comments to the responsible official. The responsible official or examiner shall record and address all written comments in the administrative or examiner’s decision.3.    Cultural Resources are Culturally Significant.a.    If a tribal government believes that the affected cultural resources are culturally significant, contrary to the evaluation submitted by the project applicant, the Cultural Advisory Committee (CAC) shall make an independent review of the application’s evaluation and the tribal government’s substantiated concerns. The CAC shall formulate a recommendation regarding the significance of the cultural resources.b.    The tribal government shall substantiate its concerns in a written report. The report shall be submitted to the responsible official, CAC, and the project applicant within fifteen (15) calendar days from the date the evaluation of significance is sent. The CAC must submit its recommendation to the responsible official within thirty (30) calendar days from the date the evaluation of significance is sent.4.    Conclusion of the Cultural Resource Protection Process.a.    The administrative or examiner’s decision shall address whether the affected resources are significant. If the decision contradicts the comments or recommendations submitted by the SHPO or CAC, the responsible official or examiner shall justify how an opposing conclusion was reached.b.    The cultural resource protection process may conclude if the affected cultural resources are not significant.c.    If the project applicant, responsible official or examiner determines that the cultural resources are significant, the effects of the proposed use shall be assessed.D.    Assessment of Effect.1.    Assessment Criteria and Information Needs. If a use could potentially affect significant cultural resources, an assessment shall be made to determine if it would have no effect, no adverse effect, or an adverse effect.a.    The assessment of effect shall be based on the criteria published in “Protection of Historic Properties” (36 CFR 800.5) and shall incorporate the results of the reconnaissance or historic survey and the evaluation of significance. All documentation shall follow the requirements listed in 36 CFR 800.11.(1)    Proposed uses are considered to have an effect on cultural resources when they alter or destroy characteristics of the resources that make them significant (36 CFR 800.5).(2)    Proposed uses are considered to have an adverse effect when they may diminish the integrity of the cultural resource’s location, design, setting, materials, workmanship, feeling, or association (36 CFR 800.5). Adverse effects on cultural resources include, but are not limited to:(a)    Physical destruction, damage, or alteration of all or part of the cultural resource.(b)    Isolation of the cultural resource from its setting or alteration of the character of the resource’s setting when that character contributes to the resource’s qualification as being significant.(c)    Introduction of visual, audible, or atmospheric elements that are out of character with the cultural resource or its setting.(d)    Neglect of a significant cultural resource resulting in its deterioration or destruction, except as described in 36 CFR 800.5.b.    The assessment of effect shall be prepared in consultation with tribal governments and interested persons, as appropriate. The concerns and recommendations voiced by tribal governments and interested persons shall be recorded and addressed in the assessment.c.    The effects of a proposed use that would otherwise be determined to be adverse may be considered to be not adverse if any of the following instances apply:(1)    The cultural resources are of value only for their potential contribution to archaeological, historical, or architectural research, and when such value can be substantially preserved through the conduct of appropriate research before development begins, and such research is conducted in accordance with applicable professional standards and guidelines.(2)    The undertaking is limited to the rehabilitation of buildings and structures, and is conducted in a manner that preserves the historical and architectural character of affected cultural resources through conformance with The Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (U.S. Department of the Interior 2017 or most recent revision).(3)    The proposed use is limited to the transfer, lease, or sale of non-federal lands that contain cultural resources, and adequate restrictions or conditions are included to ensure preservation of the significant features of the resources.2.    Notice of Assessment Results.a.    If the assessment of effect concludes that the proposed use would have no effect or no adverse effect on significant cultural resources, the responsible official shall submit a copy of the assessment to the SHPO and the tribal governments.b.    The SHPO, tribal governments, and interested persons shall have thirty (30) calendar days from the date the assessment of effect is sent to submit written comments to the responsible official. The responsible official or examiner shall record and address all written comments in the administrative or examiner’s decision.3.    Conclusion of the Cultural Resource Protection Process.a.    The administrative or examiner’s decision shall address whether the proposed use would have no effect, no adverse effect, or an adverse effect. If the decision contradicts the comments submitted by the SHPO or tribal government, the responsible official or examiner shall justify how an opposing conclusion was reached.b.    The cultural resource protection process may conclude if the proposed use would have no effect or no adverse effect on significant cultural resources.c.    A mitigation plan shall be prepared if a project applicant, responsible official or examiner determines that the proposed use would have an adverse effect on significant cultural resources.(Amended: Ord. 2008-06-02)E.    Mitigation Plans.1.    Mitigation Plan Criteria and Information Needs. Mitigation plans shall be prepared when proposed uses would have an adverse effect on significant cultural resources. The plans shall reduce an adverse effect to no effect or no adverse effect. Mitigation plans shall meet the following guidelines:a.    Mitigation plans shall be prepared in consultation with persons who have concerns about or knowledge of the affected cultural resources, including tribal governments, Native Americans, the responsible official, and the SHPO.b.    Avoidance of cultural resources through project design and modification is preferred. Avoidance may be affected by reducing the size, scope, configuration, and density of the proposed use.c.    Alternative mitigation measures shall be used only if avoidance is not practicable. Alternative measures may include, but are not limited to, requiring a monitor during construction, burial under fill, stabilization, removal of the cultural resource to a safer place, and partial to full excavation and recordation. If the mitigation plan includes buffer zones to protect cultural resources, a deed covenant, easement, or other appropriate mechanism shall be developed and recorded in county deeds and records. Mitigation plans shall incorporate the results of the reconnaissance or historic survey, the evaluation of significance, and the assessment of effect, and shall provide the documentation required in 36 CFR 800.11, including, but not limited to:(1)    A description and evaluation of any alternatives or mitigation measures that the project applicant proposes for reducing the effects of the proposed use.(2)    A description of any alternatives or mitigation measures that were considered but not chosen and the reasons for their rejection.(3)    Documentation of consultation with the SHPO regarding any alternatives or mitigation measures.(4)    A description of the project applicant’s efforts to obtain and consider the views of tribal governments, commenting parties, and the responsible official.(5)    Copies of any written recommendations submitted to the responsible official or project applicant regarding the effects of the proposed use on cultural resources and alternatives to avoid or reduce those effects.2.    Notice of Mitigation Plan Results.a.    If a mitigation plan reduces the effect of a use from an adverse effect to no effect or no adverse effect, the responsible official shall submit a copy of the mitigation plan to the SHPO and the tribal governments.b.    The SHPO, tribal governments, and commenting parties shall have thirty (30) calendar days from the date the mitigation plan is sent to submit written comments to the responsible official. The responsible official or examiner shall record and address all written comments in the administrative or examiner’s decision.3.    Conclusion of the Cultural Resource Protection Process.a.    The administrative or examiner’s decision shall address whether the mitigation plan would reduce an adverse effect to no effect or no adverse effect. If the decision contradicts the comments submitted by the SHPO or tribal government, the responsible official or examiner shall justify how an opposing conclusion was reached.b.    The cultural resource protection process may conclude if a mitigation plan would reduce an adverse effect to no effect or no adverse effect.c.    The proposed use shall be prohibited when acceptable mitigation measures fail to reduce an adverse effect to no effect or no adverse effect.(Amended: Ord. 2008-06-02)F.    Cultural Resources Discovered After Construction Begins.    The following procedures shall be put into effect when cultural resources are discovered during construction activities, and shall be included as conditions of approval for all review uses. All survey and evaluation reports and mitigation plans shall be submitted to the responsible official and the SHPO. Tribal governments also shall receive a copy of all reports and plans if the cultural resources are precontact or otherwise associated with Native Americans.1.    Halt of Construction. All construction activities within one hundred (100) feet of the discovered cultural resource shall cease. The cultural resources shall remain as found; further disturbance is prohibited.2.    Notification. The project applicant shall notify the responsible official and the Gorge Commission within twenty-four (24) hours of the discovery. If the cultural resources are precontact or otherwise associated with Native Americans, the project applicant shall also notify the Indian tribal governments within twenty-four (24) hours.3.    Survey and Evaluation. The Gorge Commission shall survey the cultural resources after obtaining written permission from the landowner and appropriate permits from the SHPO. (See Chapter 27.53 RCW.) It shall gather enough information to evaluate the significance of the cultural resources. The survey and evaluation shall be documented in a report that generally follows the guidelines in Sections 40.240.820(A)(3)(g) and (C)(1). Based on the survey and evaluation report and any written comments, the administrative or examiner’s decision shall address whether the resources are significant. Construction activities may recommence if the cultural resources are not significant. A mitigation plan shall be prepared if the affected cultural resources are significant.4.    Mitigation Plan. Mitigation plans shall be prepared according to the information, consultation, and report guidelines contained in Section 40.240.820(E)(1). Construction activities may recommence when the conditions in the mitigation plan have been executed.G.    Discovery of Human Remains.    The following procedures shall be used when human remains are discovered during a cultural resource survey or during construction and shall be included as a condition of approval for all review uses. “Human remains” means articulated or disarticulated human skeletal remains, bones, or teeth, with or without attendant burial artifacts.1.    Halt of Activities. All survey, excavation, and construction activities shall cease. The human remains shall not be disturbed any further.2.    Notification. Local law enforcement officials, the responsible official, the Gorge Commission, and the tribal governments shall be contacted immediately. Do not contact any other entity other than those listed here.3.    Inspection. The county coroner, or appropriate official, shall inspect the remains at the project site and determine if they are precontact, historic, or modern. Representatives from the tribal governments shall have an opportunity to monitor the inspection.4.    Jurisdiction. If the remains are modern, the appropriate law enforcement officials shall assume jurisdiction and the cultural resource protection process may conclude.5.    Treatment. Precontact or historic remains of Native Americans shall generally be treated in accordance with the procedures set forth Chapters 27.44 and 68.05 RCW if the remains are precontact or historic. If the human remains will be re-interred or preserved in their original position, a mitigation plan shall be prepared in accordance with the consultation and report requirements specified in Section 40.240.820(E)(1). The mitigation plan shall accommodate the cultural and religious concerns of Native Americans. The cultural resource protection process may conclude when the conditions set forth in Section 40.240.820(E)(3) are met and the mitigation plan is executed.(Amended: Ord. 2006-05-04; Ord. 2021-12-02)

A.    General Guidelines for Implementing the Cultural Resources Protection Process.1.    All cultural resource information shall remain confidential, according to Section 6(a)(1)(A) of the National Scenic Area Act. Federal agency cultural resource information is also exempt by statute from the Freedom of Information Act under 16 USC 470(hh) and 36 CFR 296.18.2.    All cultural resources surveys, evaluations, assessments, and mitigation plans shall be performed by professionals whose expertise reflects the type of cultural resources that are involved. Principal investigators shall meet the professional standards published in 36 CFR 61.3.    The Forest Service will be responsible for performing the literature review and consultation, inventory, evaluations of significance, assessments of effect, and mitigation requirements in Section 40.240.830(D) for federal forest practices and National Forest System lands.4.    New developments or land uses shall not adversely affect significant cultural resources.5.    The SMA provisions will have little effect on federal or federally assisted developments. These developments must continue to comply with Section 106 of the Historic Preservation Act of 1966.B.    The procedures and guidelines in Section 40.240.820 shall be used to review all proposed developments and land uses other than those on all federal lands, federally assisted projects and forest practices.C.    The procedures and guidelines in 36 CFR 800 and Section 40.240.830(D) shall be used by federal agencies to evaluate new developments or land uses on federal lands, federally assisted projects, and forest practices.D.    The following procedures as well as the provisions in 36 CFR 800 shall be used to assess potential effects to cultural resources:1.    Literature Review and Consultation.a.    An assessment shall be made to determine if any cultural resources listed on the National Register of Historic Places at the national, state or county level exist on or within the area of potential direct and indirect impacts.b.    A search shall be made of state and county government, National Scenic Area/Forest Service and any other pertinent inventories, such as archives and photographs, to identify cultural resources, including consultation with the State Historic Preservation Office and tribal governments. State and tribal government response to the consultation request shall be allowed for thirty (30) days.c.    Consultation with cultural resource professionals knowledgeable about the area.d.    A field inventory by a cultural resource professional shall be required if the Forest Service determines that a recorded or known cultural resource exists on or within the immediate vicinity of a new development or land use, including those reported in consultation with the tribal governments.2.    Field Inventory.a.    Tribal representatives shall be invited to participate in the field inventory.b.    The field inventory shall consist of one (1) or the other of the following guidelines, as determined by the cultural resource professional:(1)    Complete survey: the systematic examination of the ground surface through a controlled procedure, such as walking an area in evenly spaced transects. A complete survey may also require techniques such as clearing of vegetation, augering or shovel probing of subsurface soils for the presence of buried cultural resources.(2)    Sample survey: the sampling of an area to assess the potential of cultural resources within the area of proposed development or use. This technique is generally used for large or difficult to survey parcels, and is generally accomplished by a stratified random or nonstratified random sampling strategy. A parcel is either stratified by variables such as vegetation, topography or elevation, or by nonenvironmental factors such as a survey grid.    Under this method, statistically valid samples are selected and surveyed to indicate the probability of presence, numbers and types of cultural resources throughout the sampling strata. Depending on the results of the sample, a complete survey may or may not subsequently be recommended.c.    A field inventory report shall be prepared, and shall include the following:(1)    A narrative integrating the literature review of subsection (D)(1) of this section with the field inventory of subsection (D)(2)(b) of this section.(2)    A description of the field inventory methodology used, including the type and extent of field inventory, supplemented by maps which graphically illustrate the areas surveyed, not surveyed, and the rationale for each.(3)    A statement of the presence or absence of cultural resources within the area of the new development or land use.(4)    When cultural resources are not located, a statement of the likelihood of buried or otherwise concealed cultural resources shall be included. Recommendations and standards for monitoring, if appropriate, shall be included.d.    The report shall follow the format specified by the Washington Department of Archaeology and Historic Preservation for inventories conducted in the state of Washington.e.    The field inventory report shall be presented to the Forest Service for review.3.    Evaluations of Significance.a.    When cultural resources are found within the area of the new development or land use, an evaluation of significance shall be completed for each cultural resource in accordance with to the criteria of the National Register of Historic Places (36 CFR 60.4).b.    Evaluations of cultural resource significance shall be guided by previous and current research designs relevant to specific research questions for the area.c.    Evaluations of the significance of traditional cultural properties shall follow National Register Bulletin 38, Guidelines for the Evaluation and Documentation of Traditional Cultural Properties, within local and regional contexts.d.    Recommendations for eligibility to the National Register shall be completed for each identified resource, in accordance with National Register criteria A through D (36 CFR 60.4). The Forest Service shall review evaluations for adequacy.e.    Evidence of consultation with tribal governments and individuals with knowledge of the cultural resources in the project area, and documentation of their concerns, shall be included as part of the evaluation of significance.f.    An assessment of effect shall be required if the Forest Service determines that the inventoried cultural resources are significant.4.    Assessment of Effect.a.    For each significant (i.e., National Register eligible) cultural resource inventoried within the area of the proposed development or change in use, assessments of effect shall be completed, using the criteria outlined in 36 CFR 800.5 (“Assessing Effects”). Evidence of consultation with tribal governments and individuals with knowledge of the cultural resources of the project area shall be included for subsections (D)(4)(b) through (D)(4)(d) of this section. The Forest Service shall review each determination for adequacy.b.    If the proposed development or change in use will have “no adverse effect,” as defined by 36 CFR 800.4, to a significant cultural resource, documentation for that finding shall be completed, following the “Documentation Standards” of 36 CFR 800.11. If the proposed development or change in use will have an effect then the criteria of adverse effect (36 CFR 800.5) must be applied.c.    If the proposed development or change in use will have an “adverse effect,” as defined by 36 CFR 800.5, to a significant cultural resource, the type and extent of “adverse effect” upon the qualities of the property that make it eligible for the National Register shall be documented (36 CFR 800.6 “Resolution of Adverse Effects”). This documentation shall follow the process outlined under 36 CFR 800.11 (“Failure to Resolve Adverse Effects”).d.    If the “effect” appears to be beneficial (i.e., an enhancement to cultural resources), documentation shall be completed for the recommendation of that effect upon the qualities of the cultural resource that make it eligible to the National Register. This documentation shall follow the process outlined under 36 CFR 800.11 (“Documentation Standards”).5.    Mitigation.a.    If there will be an effect on cultural resources, measures shall be provided for mitigation of effects (36 CFR 800.6 “Resolution of Adverse Effects”). These measures shall address factors such as avoidance of the property through project design or modification and subsequent protection, burial under fill, data recovery excavations, or other measures which are proposed to mitigate effects.b.    Evidence of consultation with tribal governments and individuals with knowledge of the resources to be affected, and documentation of their concerns, shall be included for all mitigation proposals.c.    The Forest Service shall review all mitigation proposals for adequacy.(Amended: Ord. 2008-06-02)E.    Discovery During Construction.     All authorizations for new developments or land uses shall be conditioned to require the immediate notification of the responsible official if cultural resources are discovered during construction or development.1.    If cultural resources are discovered, particularly human bone or burials, work in the immediate area of discovery shall be suspended until a cultural resource professional can evaluate the potential significance of the discovery and recommend measures to protect and if possible recover the resources.2.    If the discovered material is suspected to be human bone or a burial, the following procedure shall be used:a.    The applicant shall stop all work in the vicinity of the discovery.b.    The applicant shall immediately notify the responsible official, the Forest Service, the applicant’s cultural resource professional, the State Medical Examiner, and appropriate law enforcement agencies.c.    The Forest Service or the responsible official shall notify the tribal governments if the discovery is determined to be an Indian burial or a cultural resource.d.    A cultural resource professional shall evaluate the potential significance of the resource pursuant to Section 40.240.830(D)(3) and report the results to the Forest Service.3.    The cultural resource review process shall be complete and work may continue if the Forest Service determines that the cultural resource is not significant.4.    The cultural resource professional shall recommend measures to protect and if possible recover the resource pursuant to Section 40.240.830(D)(5) if the Forest Service or the responsible official determines that the cultural resource is significant.(Amended: Ord. 2006-05-04; Ord. 2021-12-02)

A.    Wetlands Boundaries and Site Plans for Review Uses in Water Resources.1.    If the proposed use is within a wetland or wetlands buffer zone, the applicant shall be responsible for determining the exact location of the wetland boundary.a.    The approximate location and extent of wetlands in the National Scenic Area are indicated on the list of hydric soils and the soil survey maps and the National Wetlands Inventory (U.S. Department of the Interior). Wetlands boundaries shall be delineated using the procedures specified in the Corps of Engineers Wetland Delineation Manual (Wetlands Research Program Technical Report y-87-1, online edition). Some wetlands may not be shown on the wetlands inventory or soil survey maps. Wetlands that are discovered during an inspection of a potential project site shall be delineated and protected.b.    All wetlands delineations shall be conducted by a professional who has been trained to use the federal delineation process.c.    The responsible official may verify the accuracy of, and may render adjustments to, a wetlands boundary delineation. In the event the adjusted boundary delineation is contested by the applicant, the responsible official shall, at the applicant’s expense, obtain professional services to render a final delineation.2.    In addition to the information required in all site plans, site plans for proposed uses in water resources or their buffer zones shall include:a.    A site plan map prepared at a scale of one (1) inch equals one hundred (100) feet (1:1,200), or a scale providing greater detail;b.    The exact boundary of the water resource, ordinary high water mark, or normal pool elevation, and the buffer zone; andc.    A description of actions that would affect the water resource.(Amended: Ord. 2018-03-04)3.    Uses allowed outright in wetlands and wetlands buffer zones are listed in Section 40.240.120. This section shall not apply to proposed uses that would occur in the main stem of the Columbia River. The main stem of the Columbia River is depicted on the map titled “Boundary Map, Columbia River Gorge National Scenic Area,” numbered NSA-001 and dated September 1986. This map is available at county planning departments and Commission and Forest Service offices. The boundaries of the main stem appear as a heavy black line that generally follows the shoreline. For Section 40.240.050, backwaters and isolated water bodies created by roads and railroads are not part of the main stem of the Columbia River.(Amended: Ord. 2018-03-04)B.    Review Uses in Wetlands 1.    The following uses may be allowed in wetlands, subject to compliance with Sections 40.240.800 through 40.240.900 and 40.240.840(E):a.    The modification, expansion, replacement, or reconstruction of serviceable transportation or other public infrastructure (this does not include private road and driveways), if such actions would not:(1)    Increase the size of an existing structure by more than one hundred percent (100%).(2)    Result in a loss of water resource functions.(3)    Result in a loss of water quality, natural drainage, and fish and wildlife habitat. b.    The construction, modification, expansion, replacement, or reconstruction of minor water-related recreation structures that are available for public use. Structures in this category shall be limited to: boardwalks; observation decks; interpretative aids, such as kiosks and signs; and trails and paths, provided their surface is not constructed of impervious materials.c.    The construction, modification, expansion, replacement, or reconstruction of minor water-dependent structures that are placed on pilings, if the pilings allow unobstructed flow of water and are not placed so close together that they effectively convert an aquatic area to dry land. Structures in this category shall be limited to public and private docks and boat houses, and fish and wildlife management structures that are constructed by federal, state, or tribal government resource agencies.C.    The following uses may be allowed in water resources (except wetlands) and may be allowed in all water resource buffer zones (including wetlands buffer zones), when approved pursuant to the provisions in Section 40.240.840(F), and reviewed under the applicable provisions of Sections 40.240.800 through 40.240.900:1.    The modification, expansion, replacement, or reconstruction of serviceable structures, if such actions would not:a.    Increase the size of an existing structure by more than one hundred percent (100%);b.    Result in a loss of water resources acreage or functions; c.    Result in a loss of water quality, natural drainage, and fish and wildlife habitat; andd.    Intrude further into a water resource or water resources buffer zone. New structures shall be considered intruding further into a water resource or water resources buffer zone if any portion of the structure is located closer to the water resource or buffer zone than the existing structure.2.    The construction, modification, expansion, replacement, or reconstruction of minor water-related recreation structures that are available for public use. Structures in this category shall be limited to boardwalks; trails and paths, provided their surface is not constructed of impervious materials; observation decks; and interpretative aids, such as kiosks and signs.3.    The construction, modification, expansion, replacement, or reconstruction of minor water-dependent structures that are placed on pilings, if the pilings allow unobstructed flow of water and are not placed so close together that they effectively convert an aquatic area to dry land. Structures in this category shall be limited to public and private docks and boat houses, and fish and wildlife management structures that are constructed by federal, state, or tribal government resource agencies.(Amended: Ord. 2008-06-02; Ord. 2018-03-04)D.    Uses not listed in Sections 40.240.840(B) and (C) may be allowed in water resources (except wetlands) and in all water resources buffer zones (including wetland buffer zones), when approved pursuant to Section 40.240.840(G) and reviewed under the applicable provisions of Sections 40.240.800 through 40.240.900.E.    Approval Criteria for Uses in Wetlands.1.    The uses identified in Section 40.240.840(B)(1) may be allowed only if they meet all of the following criteria:a.    Practicable alternatives for locating the structure outside of the wetland do not exist.b.    All reasonable measures have been applied to ensure that the use will result in the minimum loss of wetlands and in the minimum degradation of ecological functions, water quality, existing contour, vegetation, fish and wildlife resources, and hydrology.c.    The use will be constructed using best management practices. Best management practices can include measures to prevent soil erosion, the introduction and spread of invasive plants and aquatic species, and other impacts to plants, wildlife, soil, and water. Boardwalks and observation decks shall be constructed using non-toxic materials to protect water quality. d.    Areas disturbed during construction of the use will be rehabilitated to the maximum extent practicable.e.    The use complies with the approval criteria for other review uses in water resources in Section 40.240.840(G).f.    Proposed uses in wetlands shall be evaluated for adverse effects, including cumulative effects, and adverse effects shall be prohibited.g.    The use complies with all applicable federal, state, and local laws.F.    Applications for modifications to serviceable structures and minor water-dependent and water-related structures in water resources listed in Section 40.240.840(C) shall demonstrate that:1.    Practicable alternatives to locating the structure outside of the water resource or buffer zone do not exist;2.    All reasonable measures have been applied to ensure that the use will result in the minimum alteration or degradation of ecological functions, water quality, existing contour, vegetation, fish and wildlife resources, and hydrology;3.    The structure will be constructed using best management practices. Best management practices can include measures to prevent soil erosion, the introduction and spread of invasive plants and aquatic species, and other impacts to plants, wildlife, soil, and water. Boardwalks and observation decks shall be constructed using non-toxic materials to protect water quality;4.    Areas disturbed during construction of the use will be rehabilitated to the maximum extent practicable;5.    Proposed uses in water resources and their buffer zones shall be evaluated for adverse effects, including cumulative effects, and adverse effects shall be prohibited; and6.    The structure complies with all applicable federal, state, and county laws.G.    Applications for all other review uses listed in Section 40.240.840(D) in water resources shall demonstrate that:1.    The proposed use is water-dependent, or is not water-dependent but has no practicable alternative considering all of the following:a.    The basic purpose of the use cannot be reasonably accomplished using one (1) or more other sites in the vicinity that would avoid or result in less adverse effects on water resources, wildlife areas and sites or plant areas and sites;b.    The basic purpose of the use cannot be accomplished by reducing its proposed size, scope, configuration, or density as proposed, or by changing the design of the use in a way that would avoid or result in less adverse effects on water resources, or wildlife areas or sites or plant areas and sites; andc.    Reasonable attempts have been made to remove or accommodate constraints that caused a project applicant to reject alternatives to the use as proposed. Such constraints include inadequate infrastructure, parcel size, and zone designations. If a land use designation or Recreation Intensity Class is a constraint, an applicant must request a Management Plan amendment to demonstrate that practicable alternatives do not exist. An alternative site for a proposed use shall be considered practicable if it is available and the proposed use can be undertaken on that site after taking into consideration cost, technology, logistics, and overall project purposes.2.    Public Interest Test. The proposed use is in the public interest. The following factors shall be considered when determining if a proposed use is in the public interest:a.    The extent of public need for the proposed use. For uses in wetlands, public need is limited to uses necessary to alleviate a current public safety issue supported by evidence establishing the safety issue;b.    The extent and permanence of beneficial or detrimental effects that the proposed use may have on the public and private uses for which the property is suited;c.    The functions and size of the water resource that may be affected;d.    The economic value of the proposed use to the general area; ande.    The ecological value of the water resource and probable effect on public health and safety, fish, plants, and wildlife.3.    Measures will be applied to ensure that the proposed use results in the minimum feasible alteration of the resource. As a starting point, the following measures shall be considered when new development and uses are proposed in water resources or buffer zones: a.    Ecological functions, contour, and hydrology shall be maintained. Nonstructural controls and natural processes shall be used to the greatest extent possible.b.    Construction shall occur during periods when fish and wildlife are least sensitive to disturbance. Work in streams, ponds, and lakes shall be conducted during the periods specified in Washington State’s published guidelines for in-water work, or as advised by the Washington Department of Fish and Wildlife.c.    All vegetation shall be retained to the greatest extent practicable, including wetland, aquatic, and riparian vegetation.d.    Bridges, roads, pipelines and utility corridors, and other water crossings shall be minimized and should serve multiple purposes and properties.e.    Stream channels shall not be placed in culverts unless absolutely necessary for property access. Bridges are preferred for water crossings to reduce disruption to streams, ponds, lakes, and their banks. When culverts are necessary, oversized culverts with open bottoms that maintain the channel’s width and grade should be used. State agencies with permitting responsibility for culverts shall be consulted.f.    Temporary and permanent control measures shall be applied to minimize erosion and sedimentation when water resource areas are disturbed, such as slope netting, berms and ditches, tree protection, sediment barriers, infiltration systems, and culverts.g.    Measures shall be taken to prevent the introduction or spread of invasive plants or aquatic species.4.    Groundwater and surface-water quality will not be degraded by the proposed use.5.    Those portions of a proposed use that are not water-dependent or have a practicable alternative will not be located in water resources or buffer zones.6.    The proposed use complies with all applicable federal, state, and county laws.7.    Areas that are disturbed during construction will be rehabilitated. When a project area cannot be completely restored or rehabilitated, such as when a boat launch permanently displaces aquatic and riparian areas, enhancement shall also be required.8.    Proposed uses in water resources and their buffer zones shall be evaluated for adverse effects, including cumulative effects, and adverse effects shall be prohibited.9.    Unavoidable impacts to water resources will be offset through restoration, creation, or enhancement of impacted resources. Restoration, creation, and enhancement are not alternatives to the guidelines listed above; they shall be used only as a last resort to offset unavoidable water resource impacts.10.    Restoration, creation, and enhancement shall improve water quality, natural drainage, and fish and wildlife habitat of the affected wetland, stream, pond, lake, or buffer zone. When a project area has been disturbed in the past, it shall be rehabilitated to its natural condition to the maximum extent practicable. The following water resource restoration, creation, and enhancement guidelines shall apply:a.    Impacts to wetlands shall be offset by restoring or creating new wetlands or by enhancing degraded wetlands. Wetlands restoration shall be the preferred approach when wetlands are impacted.b.    Water resources restoration and enhancement projects shall be conducted in accordance with a wetlands compensation plan or water resources mitigation plan. Voluntary enhancement project applications shall be encouraged. See Part III, Chapter 4: “Enhancement Strategies” of the Management Plan and Section 40.240.270.c.    Water resources shall be replanted with native plant species that replicate the original vegetation community.d.    Natural hydrologic conditions shall be replicated, including current patterns, circulation, velocity, volume, and normal water fluctuation.e.    Natural stream channel and shoreline dimensions shall be replicated, including depth, width, length, cross-sectional profile, and gradient. Riparian areas shall be rehabilitated to their original configuration, including slope and contour.f.    The bed of the affected aquatic area shall be rehabilitated with materials appropriate for the channel and hydrologic features.g.    Fish and wildlife habitat features shall be replicated, including pool-riffle ratios, substrata, and structural habitat features including large woody debris and boulders.h.    Rehabilitation and enhancement efforts shall be completed no later than ninety (90) days after the water resource or buffer zone has been altered, or as soon thereafter as is practicable.i.    The size of replacement wetlands shall equal or exceed the following ratios (the first number specifies the required acreage of replacement wetlands and the second number specifies the acreage of wetlands altered):j.    Replacement wetlands shall replicate the functions of the wetland that will be altered such that improvement of wetlands functions occurs.k.    Replacement wetlands should replicate the type of wetland that will be altered. If this guideline is not feasible or practical due to technical constraints, a wetland type of equal or greater benefit may be substituted; provided, that improvement of wetlands functions occurs.l.    Wetlands restoration, creation, or enhancement should occur within one thousand (1,000) feet of the affected wetland. If this is not practicable due to physical or technical constraints, replacement shall occur within the same watershed and as close to the altered wetland as practicable.m.    Restoration, creation, and enhancement efforts should be completed before a water resource is altered. If it is not practicable to complete all restoration, creation, and enhancement efforts before the water resource is altered, these efforts shall be completed before the new use is occupied or used.n.    Five (5) years after a wetland is restored, created, or enhanced, or three (3) years after a stream, pond, lake, or riparian area is restored, at least seventy-five percent (75%) of the replacement vegetation shall survive. For a period of at least five (5) years, the owner shall monitor the hydrology and vegetation of the replacement water resource, provide reports, and shall take corrective measures to ensure that it conforms with the approved wetlands compensation plan or water resources mitigation plan and this guideline.H.    Water Resources Buffer Zones.1.    All water resources shall, in part, be protected by establishing undisturbed buffer zones as specified below. 2.    Buffer zones shall be measured outward from the bank full flow boundary for streams, the ordinary high water mark for ponds, lakes and the Columbia River below Bonneville Dam, the normal pool elevation for the main stem Columbia River above Bonneville Dam, and the wetland delineation boundary for wetlands on a horizontal scale that is perpendicular to the water resource boundary.3.    The project applicant shall be responsible for determining the exact location of the bank full flow boundary, ordinary high water mark, normal pool elevation, or wetland delineation boundary. The responsible official may verify the accuracy of and render adjustments to the applicant’s determination. If the project applicant contests the adjustment, the responsible official shall obtain professional services to render a final delineation, at the project applicant’s expense.4.    The width of wetlands, lakes, and ponds buffer zones shall be based on the dominant vegetation community that exists in a buffer zone.a.    The dominant vegetation community in a buffer zone is the vegetation community that covers the most surface area of that portion of the buffer zone that lies between the proposed activity and the affected wetland. Vegetation communities are classified as forest, shrub, or herbaceous.(1)    A forest vegetation community is characterized by trees with an average height equal to or greater than twenty (20) feet, accompanied by a shrub layer; trees must form a canopy cover of at least forty percent (40%) and shrubs must form a canopy cover of at least forty percent (40%). A forest community without a shrub component that forms a canopy cover of at least forty percent (40%) shall be considered a shrub vegetation community.(2)    A shrub vegetation community is characterized by shrubs and trees that are greater than three (3) feet tall and form a canopy cover of at least forty percent (40%).(3)    An herbaceous vegetation community is characterized by the presence of herbs, including grass and grass-like plants, forbs, ferns, and nonwoody vines.5.    The following buffer zone widths for wetlands, lakes and ponds shall be required:6.    Except as otherwise allowed, water resources buffer zones shall be retained in their natural condition. When a buffer zone is disturbed by a new use, it shall be replanted with native plant species.7.    The width of buffer zones for streams used by anadromous or resident fish (tributary fish habitat), special streams, intermittent streams that include year-round pools, and perennial streams shall be one hundred (100) feet. 8.    The width of buffer zones for intermittent streams, provided they are not used by anadromous or resident fish, shall be fifty (50) feet.(Amended: Ord. 2012-12-23)I.    Wetlands Compensation Plans.    Wetlands compensation plans shall be prepared when a project applicant is required to restore, create or enhance wetlands. A written plan addressing the guidelines in this section is also required for voluntary enhancement projects. All wetlands compensation plans must be approved by the responsible official, after consultation with federal and state agencies with jurisdiction over wetlands. They shall satisfy the following guidelines and any others required by federal and state agencies:1.    Wetlands compensation plans shall be prepared by a qualified professional hired by a project applicant. They shall provide for land acquisition, construction, maintenance, and monitoring of replacement wetlands.2.    Wetlands compensation plans shall include an ecological assessment of the wetland that will be altered and the wetland that will be restored, created, or enhanced. The assessment shall include information on flora, fauna, hydrology, and wetlands functions.3.    Compensation plans shall also assess the suitability of the proposed site for establishing a replacement wetland, including a description of the water source and drainage patterns, topography, wildlife habitat opportunities, and value of the existing area to be converted.4.    Plan view and cross-sectional, scaled drawings; topographic survey data, including elevations at contour intervals no greater than one (1) foot, slope percentages, and final grade elevations; and other technical information shall be provided in sufficient detail to explain and illustrate:a.    Soil and substrata conditions, grading, and erosion and sediment control needed for wetland construction and long-term survival.b.    Planting plans that specify native plant species, quantities, size, spacing, or density; source of plant materials or seeds; timing, season, water, and nutrient requirements for planting; and where appropriate, measures to protect plants from predation.c.    Water quality parameters, water source, water depths, water control structures, and water level maintenance practices needed to achieve the necessary hydrologic conditions.5.    A five (5) year monitoring, maintenance, and replacement program shall be included in all plans. At a minimum, a project applicant shall provide an annual report that documents milestones, successes, problems, and contingency actions. Photographic monitoring stations shall be established and photographs shall be used to monitor the replacement wetland.6.    A project applicant shall demonstrate sufficient fiscal, technical, and administrative competence to successfully execute a wetlands compensation plan.J.    Determining the exact location of the ordinary high water mark or normal pool elevation shall be the responsibility of the project applicant. The responsible official may verify the accuracy of, and may render adjustments to, an ordinary high water mark or normal pool delineation. In the event the adjusted boundary delineation is contested by the applicant, the responsible official shall, at the project applicant’s expense, obtain professional services to render a final delineation.K.    Water Resources Mitigation Plans.     Mitigation plans shall be prepared when a project applicant is required to rehabilitate or enhance a stream, pond, lake or buffer area. A written plan addressing the guidelines in this section is also required for voluntary enhancement projects. Plans shall satisfy the following guidelines and any others required by federal and state agencies:1.    Mitigation plans are the responsibility of the project applicant; they shall be prepared by qualified professionals.2.    All plans shall include an assessment of the physical characteristics and natural functions of the affected stream, pond, lake, or buffer zone. The assessment shall include hydrology, flora, and fauna.3.    Plan view and cross-sectional, scaled drawings; topographic survey data, including elevations at contour intervals of at least two (2) feet, slope percentages, and final grade elevations; and other technical information shall be provided in sufficient detail to explain and illustrate:a.    Soil and substrata conditions, grading and excavation, and erosion and sediment control needed to successfully rehabilitate and enhance the stream, pond, lake, and buffer zone.b.    Planting plans that specify native plant species, quantities, size, spacing, or density; source of plant materials or seeds; timing, season, water, and nutrient requirements for planting; and where appropriate, measures to protect plants from predation.c.    Water-quality parameters, construction techniques, management measures, and design specifications needed to maintain hydrologic conditions and water quality.4.    A minimum three (3) year monitoring, maintenance, and replacement program shall be included in all rehabilitation and enhancement plans. At a minimum, a project applicant shall prepare an annual report that documents milestones, successes, problems, and contingency actions. Three (3) years after an aquatic area or buffer zone is rehabilitated or enhanced, at least seventy-five percent (75%) of the replacement vegetation shall survive. The project applicant shall monitor the replacement vegetation and take corrective measures to meet this guideline. Photographic monitoring shall be used to monitor all rehabilitation and enhancement efforts.5.    A project applicant shall demonstrate sufficient fiscal, administrative, and technical competence to successfully execute and monitor a mitigation plan.(Amended: Ord. 2006-05-04; Ord. 2021-12-02)

A.    Site Plans and Field Surveys for Review Uses Near Priority Habitats and Sensitive Wildlife Sites.1.    Except uses allowed outright, proposed uses may be allowed within one thousand (1,000) feet of a priority habitat or sensitive wildlife area or site subject to compliance with Sections 40.240.800 through 40.240.900 and 40.240.860(E).2.    Proposed uses within one thousand (1,000) feet of a priority habitat or sensitive wildlife site shall be evaluated for adverse effects, including cumulative effects, and adverse effects shall be prohibited. 3.    In addition to the information required in all site plans, uses within one thousand (1,000) feet of a priority habitat or sensitive wildlife site shall include a map prepared at a scale of one (1) inch equals one hundred (100) feet (1:1,200), or a scale providing greater detail.4.    Proposed uses that would adversely affect priority habitats or sensitive wildlife sites shall be prohibited.(Amended: Ord. 2018-03-04)B.    Uses.    Uses allowed outright in sensitive wildlife areas are listed in Section 40.240.120.C.    Field Survey.    A field survey to identify priority habitat and sensitive wildlife sites shall be required for:1.    Land divisions that create four (4) or more parcels;2.    Recreation facilities that contain parking areas for more than ten (10) cars, overnight camping facilities, boat ramps, and visitor information and environmental education facilities;3.    Public transportation facilities that are outside improved rights-of-way;4.    Electric facilities, lines, equipment, and appurtenances that are thirty-three (33) kilovolts or greater; and5.    Communications, water and sewer, and natural gas transmission (as opposed to distribution) lines, pipes, equipment, and appurtenances and other project-related activities except when all of their impacts will occur inside previously disturbed road, railroad or utility corridors, or existing development utility sites, that are maintained annually.6.    Field surveys shall cover all areas affected by the proposed use or recreation development. They shall be conducted by a professional wildlife biologist hired by the project applicant. All priority habitat and sensitive wildlife sites discovered in a project area shall be described and shown on the site plan map.(Amended: Ord. 2007-11-13)D.    Uses not listed in Section 40.240.860(B) may be allowed within one thousand (1,000) feet of a sensitive wildlife area or site, when approved pursuant to Section 40.240.860(E) and reviewed under the applicable provisions of Sections 40.240.800 through 40.240.900.E.    The approximate locations of sensitive wildlife sites are maintained by the Gorge Commission, Forest Service, and state wildlife agencies. State wildlife biologists will help determine if a new use would adversely affect a priority habitat or sensitive wildlife area or site. Uses that are proposed within one thousand (1,000) feet of a priority habitat or sensitive wildlife site shall be reviewed as follows:1.    Site plans shall be submitted to the Washington Department of Fish and Wildlife by the responsible official. State wildlife biologists will review the site plan and their field survey records and:a.    Identify or verify the precise location of the priority habitat or sensitive wildlife site;b.    Ascertain whether the priority habitat or sensitive wildlife site is active or abandoned; andc.    Determine if the proposed use may compromise the integrity of the wildlife habitat or site or occur during the time of the year when wildlife species are sensitive to disturbance, such as nesting or rearing seasons. In some instances, state wildlife biologists may conduct field surveys to verify wildlife data and assess the potential effects of a proposed use.2.    Oregon white oak shall not be removed if practicable alternatives exist. If no practicable alternative exists, a wildlife survey and mitigation plan shall be required. This criterion shall not apply to forest practices that are otherwise allowed and that do not violate conditions of approval for other approved uses.3.    The following factors may be considered when site plans are reviewed:a.    Biology of the affected wildlife species;b.    Published guidelines regarding the protection and management of the affected wildlife species. For example, the Washington Department of Fish and Wildlife has prepared guidelines for a variety of species, including the western pond turtle, the peregrine falcon, Oregon white oak and the Larch Mountain salamander;c.    Physical characteristics of the subject parcel and vicinity, including topography and vegetation;d.    Historic, current, and proposed uses in the vicinity of the priority habitat or sensitive wildlife site;e.    Existing condition of the priority habitat or sensitive wildlife site and the surrounding habitat.4.    The wildlife protection process may terminate if the responsible official, in consultation with the Washington Department of Fish and Wildlife, determines:a.    The sensitive wildlife site is not active; orb.    The proposed use would not compromise the integrity of the priority habitat or sensitive wildlife site or occur during the time of the year when wildlife species are sensitive to disturbance.5.    If the responsible official, in consultation with the Washington Department of Fish and Wildlife, determines that the proposed use would have only minor effects on the priority habitat or sensitive wildlife site that could be eliminated through measures recommended by the state wildlife biologist or by simply modifying the site plan or regulating the timing of new uses, a letter shall be sent to the applicant that describes the effects and measures needed to eliminate them. If the project applicant accepts these recommendations, the responsible official or examiner shall incorporate them into the administrative or examiner’s decision and the wildlife protection process may conclude.6.    The project applicant shall prepare a wildlife mitigation plan if the responsible official, in consultation with the Washington Department of Fish and Wildlife, determines that the proposed use would adversely affect a priority habitat or sensitive wildlife site and the effects of the proposed use cannot be eliminated through site plan modifications or project timing.7.    The responsible official shall submit a copy of all field surveys and wildlife mitigation plans to Washington Department of Fish and Wildlife. The Washington Department of Fish and Wildlife will have thirty (30) days from the date that a field survey or management plan is sent to submit written comments to the responsible official. 8.    The responsible official or examiner shall record and address any written comments submitted by the Washington Department of Fish and Wildlife in the administrative or examiner’s decision. 9.    Based on the comments from the Washington Department of Fish and Wildlife, the responsible official or examiner will make a decision on whether the proposed use would be consistent with the wildlife policies and guidelines. If the decision contradicts the comments submitted by the Washington Department of Fish and Wildlife, the responsible official or examiner shall justify how the opposing conclusion was reached.10.    The responsible official or examiner shall require the applicant to revise the wildlife mitigation plan as necessary to ensure that the proposed use would not adversely affect a priority habitat or sensitive wildlife site.11.    If the responsible official discovers a new protected wildlife location during the review process, the responsible official shall submit this information to the Washington Department of Fish and Wildlife to be updated in their species databases.F.    Wildlife Mitigation Plans.    Wildlife mitigation plans shall be prepared when a proposed use is likely to adversely affect a priority habitat or sensitive wildlife site. Their primary purpose is to document the special characteristics of a project site and the habitat requirements of affected wildlife species. This information provides a basis for the project applicant to redesign the proposed use in a manner that protects priority habitats and sensitive wildlife sites, maximizes their development options, mitigates temporary impacts to the sensitive wildlife site or buffer zone, and offsets unavoidable negative impacts to priority habitats and sensitive wildlife sites. Wildlife mitigation plans shall meet the following guidelines:1.    Wildlife mitigation plans shall be prepared by a professional wildlife biologist hired by the project applicant.2.    All relevant background information shall be documented and considered, including biology of the affected species, published protection and management guidelines, physical characteristics of the subject parcel, past and present use of the subject parcel, and habitat value of the wildlife site.3.    Where applicable, the core habitat of the rare wildlife species shall be delineated. It shall encompass the sensitive wildlife area or site and the attributes, or key components, that are essential to maintain the long-term use and integrity of the wildlife site.4.    A wildlife buffer zone shall be employed. It shall be wide enough to ensure that the core habitat is not adversely affected by new uses, or natural forces, such as fire and wind. Buffer zones shall be delineated on the site plan map and shall reflect the physical characteristics of the project site and the biology of the affected species.5.    The size, scope, configuration, or density of new uses within the core habitat and the wildlife buffer zone shall be regulated to protect the rare wildlife species. The timing and duration of all uses shall also be regulated to ensure that they do not occur during the time of the year when wildlife species are sensitive to disturbance. The following shall apply:a.    New uses shall generally be prohibited within the core habitat. Exceptions may include uses that have temporary and negligible effects, such as the installation of minor underground utilities or the maintenance of existing structures. b.    Intensive uses shall be generally prohibited in wildlife buffer zones. Such uses may be conditionally authorized when a wildlife area or site is inhabited seasonally, provided they will have only temporary effects on the wildlife buffer zone and rehabilitation or enhancement will be completed before a particular species returns.6.    Rehabilitation or enhancement shall be required when new uses are authorized within wildlife buffer zones. When a buffer zone has been altered in the past, it shall be rehabilitated to its natural condition to the maximum extent practicable. When complete rehabilitation is not possible, such as when new structures permanently displace wildlife habitat, enhancement shall also be required. Enhancement shall achieve a no net loss of the integrity of the wildlife site. Rehabilitation and enhancement actions shall be documented in the wildlife mitigation plan and shall include a map and text.7.    The applicant shall prepare and implement a three (3) year monitoring plan when the affected priority habitat or sensitive wildlife site is occupied by a species that is listed as endangered or threatened pursuant to federal or state wildlife lists. It shall include an annual report and shall track the status of the priority habitat or sensitive wildlife site and the success of rehabilitation or enhancement actions. 8.    At the end of three (3) years, rehabilitation and enhancement efforts may conclude if they are successful. In instances where rehabilitation and enhancement efforts have failed, the monitoring process shall be extended until the applicant satisfies the wildlife mitigation plan guidelines.G.    New Fences in Deer and Elk Winter Range.1.    New fences in deer and elk winter range may be allowed only when necessary to control livestock or exclude wildlife from specified areas, such as gardens, priority habitat or sensitive wildlife sites. The areas fenced shall be the minimum necessary to meet the immediate needs of the project applicant.2.    New and replacement fences that are allowed in winter range shall comply with the guidelines in the Forest Service document Specifications for Structural Range Improvements (Sanderson, et al., 1990), as summarized below, and may be revised from time to time, unless the applicant demonstrates the need for an alternative design. To allow deer and other wildlife safe passage:a.    To make it easier for deer to jump over the fence, the top wire shall not be more than forty-two (42) inches high.b.    The distance between the top two (2) wires is critical for adult deer because their hind legs often become entangled between these wires. A gap of at least ten (10) inches shall be maintained between the top two (2) wires to make it easier for deer to free themselves if they become entangled.c.    The bottom wire shall be at least sixteen (16) inches above the ground to allow fawns to crawl under the fence. It should consist of smooth wire because barbs often injure animals as they crawl under fences.d.    Stays, or braces placed between strands of wire, shall be positioned between fence’s posts where deer are most likely to cross. Stays create a more rigid fence, which allows deer a better chance to wiggle free if their hind legs become caught between the top two (2) wires.3.    Woven wire fences may be authorized only when it is clearly demonstrated that such a fence is required to meet specific and immediate needs, such as controlling hogs and sheep.4.    Any fencing permanently erected within deer and elk winter range, as a result of an emergency/disaster response, shall comply with Section 40.240.860(G)(2).(Amended: Ord. 2006-05-04; Ord. 2021-12-02)

A.    Rare Plants and Site Plans for Review of Uses Near Rare Plants.1.    Proposed uses shall not adversely affect rare plants. “Rare plants” are:a.    Endemic to the Columbia River Gorge and vicinity. Table 40.240.870-1 lists the endemic plants as of the date of adoption of the Management Plan revision, which the Gorge Commission developed in consultation with the Washington Natural Heritage Program; b.    Listed as endangered or threatened pursuant to federal or state endangered species acts; c.    Designated global or state status rank 1, 2, or 3 by the Washington Natural Heritage Program. This includes designated native plant communities;d.    Updated lists of plant species and ecosystems included in subsections (A)(1)(b) and (c) of this section can be found on the website for the Washington Natural Heritage Program. The Forest Service and the Gorge Commission also maintain updated lists.2.    In addition to the information required in site plans, site plans for uses within one thousand (1,000) feet of a rare plant site shall include a map prepared at a scale of one (1) inch equals one hundred (100) feet (1:1,200), or a scale providing greater detail.3.    Proposed uses within one thousand (1,000) feet of a rare plant shall be evaluated for adverse effects, including cumulative effects, and adverse effects shall be prohibited.(Amended: Ord. 2018-03-04)B.    Uses.    Uses allowed outright in rare plant areas are listed in Section 40.240.120.C.    Field Survey. A field survey to identify rare plants shall be required for:1.    Land divisions that create four (4) or more parcels;2.    Recreation facilities that contain parking areas for more than ten (10) cars, overnight camping facilities, boat ramps, and visitor information and environmental education facilities;3.    Public transportation facilities that are outside improved rights-of-way;4.    Electric facilities, lines, equipment, and appurtenances that are thirty-three (33) kilovolts or greater; and5.    Communications, water and sewer, and natural gas transmission (as opposed to distribution) lines, pipes, equipment, and appurtenances and other project-related activities, except when all of their impacts will occur inside previously disturbed road, railroad or utility corridors, or existing developed utility sites, that are maintained annually;6.    Field surveys shall cover all areas affected by the proposed use or recreation facility. They shall be conducted by a person with recognized expertise in botany or plant ecology hired by the project applicant. They shall be conducted when plants are expected to be flowering or most easily detectable. Field surveys shall identify the precise location of the rare plants and delineate a two hundred (200) foot buffer zone. The results of a field survey shall be shown on the site plan map and kept confidential by the responsible official as required by state law.D.    Uses not listed in Section 40.240.870(B) may be allowed within one thousand (1,000) feet of a rare plant, when approved pursuant to Section 40.240.870(E), and reviewed under the applicable provisions of Sections 40.240.800 through 40.240.900.E.    Uses that are proposed within one thousand (1,000) feet of a rare plant shall be reviewed as follows:1.    Site plans shall be submitted to the Washington Natural Heritage Program by the responsible official. The Natural Heritage Program staff will review the site plan and their field survey records. They will identify the precise location of the affected plants and delineate a two hundred (200) foot buffer zone on the project applicant’s site plan. If the field survey records of the state heritage program are inadequate, the project applicant shall hire a person with recognized expertise in botany or plant ecology to ascertain the precise location of the affected plants.2.    The rare plant protection process may conclude if the responsible official, in consultation with the Natural Heritage Program staff, determines that the proposed use would be located outside of a rare plant buffer zone.3.    New uses shall be prohibited within rare plant buffer zones, except those listed in Section 40.240.870(B).4.    If a proposed use must be allowed within a rare plant buffer area in accordance with Section 40.240.150, the project applicant shall prepare a mitigation plan pursuant to Section 40.240.870(F).5.    The responsible official shall submit a copy of all field surveys and mitigation plans to the Washington Natural Heritage Program. The Natural Heritage Program staff will have twenty (20) days from the date that a field survey is sent to submit written comments to the responsible official. 6.    The responsible official or examiner shall record and address any written comments submitted by the Natural Heritage Program staff in the land use review order. 7.    Based on the comments from the Natural Heritage Program staff, the responsible official or examiner will make a decision on whether the proposed use would be consistent with the rare plant policies and guidelines. If the decision contradicts the comments submitted by the Natural Heritage Program staff, the responsible official or examiner shall justify how the opposing conclusion was reached.F.    Rare Plant Mitigation Plans.    Rare plant mitigation plans shall minimize and offset unavoidable impacts that result from a new use that occurs within a rare plant buffer zone as the result of a variance. 1.    Rare plant mitigation plans shall be prepared by a professional botanist or plant ecologist hired by the project applicant.2.    Construction, protection, and rehabilitation activities shall occur during the time of the year when ground disturbance will be minimized and protection, rehabilitation, and replacement efforts will be maximized.3.    Rare plants that will be altered shall be transplanted or replaced, to the maximum extent practicable. “Replacement” is used here to mean the establishment of a particular plant species in areas of suitable habitat not affected by new uses. Replacement may be accomplished by seeds, cuttings, or other appropriate methods. Replacement shall occur as close to the original plant site as practicable. The project applicant shall ensure that at least seventy-five percent (75%) of the replacement plants survive three (3) years after the date they are planted.4.    Rare plants and their surrounding habitat that will not be altered shall be protected and maintained. Appropriate protection and maintenance techniques shall be applied, such as fencing, conservation easements, livestock management, and noxious weed control.5.    Habitat of a rare plant that will be affected by temporary uses shall be rehabilitated to a natural condition.6.    Protection efforts shall be implemented before construction activities begin. Rehabilitation efforts shall be implemented immediately after the plants and their surrounding habitat are disturbed.7.    Rare plant mitigation plans shall include maps, photographs, and text. The text shall:a.    Describe the biology of rare plant species that will be affected by a proposed use.b.    Explain the techniques that will be used to protect rare plants and their surrounding habitat that will not be altered.c.    Describe the mitigation actions that will minimize and offset the impacts that will result from a proposed use.d.    Include a three (3) year monitoring, maintenance, and replacement program. The project applicant shall prepare and submit to the responsible official an annual report that documents milestones, successes, problems, and contingency actions.G.    Rare Plant Buffer Zones.1.    A two hundred (200) foot buffer zone shall be maintained around rare plants. Buffer areas shall remain in an undisturbed, natural condition.2.    Buffer zones may be reduced if a project applicant demonstrates that intervening topography, vegetation, manmade features, or natural plant habitat boundaries negate the need for a two hundred (200) foot radius. Under no circumstances shall the buffer zone be less than twenty-five (25) feet.3.    Requests to reduce buffer areas shall be considered if a professional botanist or plant ecologist hired by the project applicant:a.    Identifies the precise location of the rare plants;b.    Describes the biology of the rare plants; andc.    Demonstrates that the proposed use will not have any negative effects, either direct or indirect, on the affected plants and the surrounding habitat that is vital to their long-term survival. d.    All requests shall be prepared as a written report. Published literature regarding the biology of the affected plants and recommendations regarding their protection and management shall be cited. The report shall include detailed maps and photographs.4.    The responsible official shall submit all requests to reduce rare plant species buffer areas to the Washington Natural Heritage Program. The Natural Heritage Program staff will have twenty (20) days from the date that such a request is sent to submit written comments to the responsible official. 5.    The responsible official or examiner shall record and address any written comments submitted by the Washington Natural Heritage Program in the administrative or examiner’s decision. 6.    Based on the comments from the Washington Natural Heritage Program, the responsible official or examiner will make a decision on whether the reduced buffer area is justified. If the decision contradicts the comments submitted by the Natural Heritage Program staff, the responsible official or examiner shall justify how the opposing conclusion was reached.(Amended: Ord. 2006-05-04; Ord. 2021-12-02)

A.    All new development and uses, as described in a site plan prepared by the applicant, shall be evaluated using the following guidelines to ensure that the natural resources are protected from adverse effects. Proposed uses that would adversely affect water resources (wetlands, streams, ponds, lakes, and riparian areas) shall be prohibited. Proposed uses that would adversely affect rare wildlife or rare plant areas or sites shall be prohibited. Uses adversely affect rare wildlife or rare plant sites and areas when they compromise the integrity of an area or site or occur during a time of the year when affected wildlife or plant species are sensitive to disturbance. Cumulative effects analysis is not required for expedited review uses or development. Comments from state and federal agencies shall be carefully considered.(Amended: Ord. 2018-03-04)B.    Water Resources (Wetlands, Streams, Ponds, Lakes, and Riparian Areas).1.    All water resources shall, in part, be protected by establishing undisturbed buffer zones as specified in subsections (B)(1)(b)(1) and (2) of this section. These buffer zones are measured horizontally from a wetland, stream, lake, or pond boundary as defined below.a.    All buffer zones shall be retained undisturbed and in their natural condition, except as permitted with a mitigation plan.b.    Buffer zones shall be measured outward from the bank full flow boundary for streams, the high water mark for ponds and lakes, the normal pool elevation for the Columbia River, and the wetland delineation boundary for wetlands on a horizontal scale that is perpendicular to the wetlands, stream, pond or lake boundary. The following buffer zone widths shall be required:(1)    A minimum two hundred (200) foot buffer on each wetland, pond, lake, and each bank of a perennial or fish-bearing stream, some of which can be intermittent.(2)    A fifty (50) foot buffer zone along each bank of intermittent (including ephemeral), non-fish-bearing streams.(3)    Maintenance, repair, reconstruction and realignment of roads and railroads within their rights-of-way shall be exempted from the wetlands and riparian guidelines upon demonstration of all of the following:(a)    The wetland within the right-of-way is a drainage ditch not part of a larger wetland outside of the right-of-way;(b)    The wetland is not a critical habitat; and(c)    Proposed activities within the right-of-way would not adversely affect a wetland adjacent to the right-of-way.c.    The buffer width shall be increased for the following:(1)    When the channel migration zone exceeds the recommended buffer width, the buffer width shall extend to the outer edge of the channel migration zone.(2)    When the frequently flooded area exceeds the recommended riparian buffer zone width, the buffer width shall be extended to the outer edge of the frequently flooded area.(3)    When an erosion or landslide hazard area exceeds the recommended width of the buffer, the buffer width shall be extended to include the hazard area.d.    Buffer zones can be reconfigured if a project applicant demonstrates all of the following:(1)    Integrity and function of the buffer zones are maintained;(2)    Total buffer area on the development proposal is not decreased;(3)    Width reduction shall not occur within another buffer; and(4)    Buffer zone width is not reduced more than fifty percent (50%) at any particular location.    Such features as intervening topography, vegetation, manmade features, natural plant or wildlife habitat boundaries, and floodplain characteristics should be considered.e.    Requests to reconfigure buffer zones shall be considered if an appropriate professional (botanist, plant ecologist, wildlife biologist, or hydrologist), hired by the project applicant:(1)    Identifies the precise location of the rare wildlife or plant or water resource;(2)    Describes the biology of the rare wildlife or plant or hydrologic condition of the water resource; and(3)    Demonstrates that the proposed use will not have any negative effects, either direct or indirect, on the affected wildlife or plant and their surrounding habitat that is vital to their long-term survival or water resource and its long-term function.f.    The responsible official shall submit all requests to reconfigure rare wildlife or plant or water resource buffers to the Forest Service and the appropriate state agencies for review. All written comments shall be included in the project file. Based on the comments from the state and federal agencies, the responsible official or examiner will make a decision on whether the reconfigured buffer zones are justified. If the decision contradicts the comments submitted by the federal and state agencies, the responsible official or examiner shall justify how the opposing conclusion was reached.(1)    When a buffer zone is disturbed by a new use, it shall be replanted with only native plant species of the Columbia River Gorge.(2)    The applicant shall be responsible for identifying all water resources and their appropriate buffers.(3)    Wetlands boundaries shall be delineated using the following:(a)    The approximate location and extent of wetlands in the National Scenic Area as shown on the National Wetlands Inventory (U.S. Department of the Interior). In addition, the list of hydric soils and the soil survey maps shall be used as an indicator of wetlands.(b)    Some wetlands may not be shown on the wetlands inventory or soil survey maps. Wetlands that are discovered by the local planning staff during an inspection of a potential project site shall be delineated and protected.(c)    The project applicant shall be responsible for determining the exact location of a wetlands boundary. Wetlands boundaries shall be delineated using the procedures specified in the Corps of Engineers Wetland Delineation Manual (online edition) and applicable regional supplements.(d)    All wetlands delineations shall be conducted by a professional who has been trained to use the federal delineation procedures.2.    Stream, pond, and lake boundaries shall be delineated using the bank full flow boundary for streams and the high water mark for ponds and lakes. The project applicant shall be responsible for determining the exact location of the appropriate boundary for the water resource.3.    The responsible official may verify the accuracy of, and render adjustments to, a bank full flow, high water mark, normal pool elevation (for the Columbia River), or wetland boundary delineation. If the adjusted boundary is contested by the project applicant, the responsible official shall obtain professional services, at the project applicant’s expense, or ask for technical assistance from the Forest Service to render a final delineation.4.    Buffer zones shall be undisturbed unless the following criteria have been satisfied:a.    The proposed use must have no practicable alternative as determined by the practicable alternative test in Section 40.240.880(E). Those portions of a proposed use that have a practicable alternative will not be located in water resources or their buffer zones.b.    Filling and draining of wetlands shall be prohibited with exceptions related to public safety or restoration or enhancement activities as permitted when all of the following criteria have been met:(1)    A documented public safety hazard exists or a restoration or enhancement project exists that would benefit the public and is corrected or achieved only by impacting the wetland in question;(2)    Impacts to the wetland must be the last possible documented alternative in fixing the public safety concern or completing the restoration or enhancement project; and(3)    The proposed project minimizes the impacts to the wetland.c.    Unavoidable impacts to wetlands and aquatic and riparian areas and their buffer zones shall be offset by deliberate restoration and enhancement or creation (wetlands only) measures as required by the completion of a SMA mitigation plan.5.    Proposed uses and development within water resources and their buffer zones shall be evaluated for cumulative effects to natural resources and cumulative effects that are adverse effects shall be prohibited.(Amended: Ord. 2018-03-04)C.    Wildlife and Plants.1.    Protection of wildlife or plant areas and sites shall begin when proposed new development or uses are within one thousand (1,000) feet of a rare wildlife or rare plant area or site. Rare wildlife areas and endemic plants are those areas depicted in wildlife and plant data including all sensitive wildlife sites and priority habitats listed in Table 40.240.870-1 and Table 40.240.880-1. The approximate locations of rare wildlife and plant areas and sites are shown in wildlife and rare plant data.2.    The responsible official shall submit site plans (of uses that are proposed within one thousand (1,000) feet of a rare wildlife or rare plant area or site) for review to the Forest Service, the Washington Department of Fish and Wildlife for wildlife issues and the Washington Natural Heritage Program for plant issues.3.    The Forest Service wildlife biologists and botanists, in consultation with the appropriate state biologists, shall review the site plan and their field survey records. They shall:a.    Identify and verify the precise location of the wildlife or plant area or site;b.    Determine if a field survey will be required;c.    Determine, based on the biology and habitat requirements of the affected wildlife or plant species, if the proposed use would compromise the integrity and function of or result in adverse effects (including cumulative effects) to the wildlife and plant area or site. This would include considering the time of year when wildlife and plant species are sensitive to disturbance, such as nesting, rearing seasons, or flowering season; andd.    Delineate the undisturbed two hundred (200) foot buffer on the site plan for rare plants or the appropriate buffer for rare wildlife areas or sites, including nesting, roosting, and perching sites.(1)    Buffer zones can be reconfigured if a project applicant demonstrates all of the following:(a)    Integrity and function of the buffer zones are maintained;(b)    Total buffer area on the development proposal is not decreased;(c)    Width reduction shall not occur within another buffer; and(d)    Buffer zone width is not reduced more than fifty percent (50%) at any particular location. Such features as intervening topography, vegetation, manmade features, natural plant or wildlife habitat boundaries, and floodplain characteristics could be considered.(2)    Requests to reduce buffer zones shall be considered if an appropriate professional botanist, plant ecologist, wildlife biologist, or hydrologist, hired by the project applicant:(a)    Identifies the precise location of the rare wildlife or plant or water resource;(b)    Describes the biology of the rare wildlife or plant or hydrologic condition of the water resource; and(c)    Demonstrates that the proposed use will not have any negative effects, either direct or indirect, on the affected wildlife or plant and their surrounding habitat that is vital to their long-term survival or to the water resource and its long-term function.(3)    The responsible official shall submit all requests to reconfigure rare wildlife or plant or water resource buffers to the Forest Service and the appropriate state agencies for review. All written comments shall be included in the record of application and, based on the comments from the state and federal agencies, the responsible official or examiner will make a decision on whether the reduced buffer zones are justified. If the decision contradicts the comments submitted by the federal and state agencies, the responsible official or examiner shall justify how the opposing conclusion was reached.4.    The responsible official, in consultation with the state and federal wildlife biologists and botanists, shall use the following criteria in reviewing and evaluating the site plan to ensure that the proposed development or uses do not compromise the integrity and function of or result in adverse effects to the wildlife and plant area or site:a.    Published guidelines regarding the protection and management of the affected wildlife or plant species. Examples include: Washington Department of Fish and Wildlife guidelines for a variety of species, including the western pond turtle, the peregrine falcon, and the Larch Mountain salamander (Rodrick and Milner, 1991).b.    Physical characteristics of the subject parcel and vicinity, including topography and vegetation.c.    Historic, current, and proposed uses in the vicinity of the rare wildlife or plant area or site.d.    Existing condition of the wildlife or plant area or site and the surrounding habitat of the area or site.e.    In areas of winter range, habitat components, such as forage, and thermal cover important to the viability of the wildlife must be maintained or, if impacts are to occur, enhancement must mitigate the impacts so as to maintain overall values and function of winter range.f.    The site plan is consistent with published guidance documents such as Washington’s Aquatic Habitat Guidelines (2002 or most recent version).g.    The site plan activities coincide with periods when fish and wildlife are least sensitive to disturbance. These would include, among others, nesting and brooding periods (from nest building to fledging of young) and those periods specified.h.    The site plan illustrates that new development and uses, including bridges, culverts, and utility corridors, shall not interfere with fish and wildlife passage.i.    Maintain, protect, and enhance the integrity and function of priority habitats as listed in Table 40.240.880-1. This includes maintaining structural, species, and age diversity, maintaining connectivity within and between plant communities, and ensuring that cumulative impacts are considered in documenting integrity and function.5.    The wildlife or plant protection process may terminate if the responsible official, in consultation with the Forest Service and Washington Department of Fish and Wildlife, or Heritage Program, determines:a.    The rare wildlife area or site is not active; orb.    The proposed use is not within the buffer zones and would not compromise the integrity of the wildlife or plant area or site; orc.    The proposed use is within the buffer and could be easily moved out of the buffer by simply modifying the project proposal (site plan modifications).    If the project applicant accepts these recommendations, the responsible official or examiner shall incorporate them into the administrative or examiner’s decision and the wildlife or plant protection process may conclude.6.    If the measures in this section fail to eliminate the adverse effects, the proposed project shall be prohibited, unless the project applicant can meet the practicable alternative test in Section 40.240.880(E) by preparing a mitigation plan to offset the adverse effects by deliberate restoration and enhancement.7.    The responsible official shall submit a copy of all field surveys (if completed) and mitigation plans to the Forest Service and appropriate state agencies. The responsible official or examiner shall include all comments in the record of application and address any written comments submitted by the state and federal wildlife agency or heritage programs in the decision. Based on the comments from the state and federal wildlife agency or heritage program, the responsible official or examiner shall make a decision on whether the proposed use would be consistent with the wildlife or plant policies and guidelines. If the decision contradicts the comments submitted by the state and federal wildlife agency or heritage program, the responsible official or examiner shall justify how the opposing conclusion was reached.8.    The responsible official shall require the project applicant to revise the mitigation plan as necessary to ensure that the proposed use would not adversely affect a rare wildlife or plant area or site.9.    Proposed uses and developments within one thousand (1,000) feet of sensitive wildlife areas and sites or within one thousand (1,000) feet of rare plants shall be evaluated for cumulative effects to natural resources and cumulative effects that are adverse shall be prohibited.(Amended: Ord. 2018-03-04)D.    Soil Productivity. 1.    Soil productivity shall be protected using the following guidelines:a.    A description or illustration showing the mitigation measures used to control soil erosion and stream sedimentation.b.    New developments and land uses shall control all soil movement within the area shown on the site plan. c.    The soil area disturbed by new development or land uses, except for new cultivation, shall not exceed fifteen percent (15%) of the project area. d.    Within one (1) year of project completion, eighty percent (80%) of the project area with surface disturbance shall be established with effective native ground cover species or other soil-stabilizing methods to prevent soil erosion until the area has eighty percent (80%) vegetative cover. Priority habitats are defined by the Forest Service and state wildlife agencies through State Wildlife Action Plan efforts.E.    Practicable Alternative Test.     An alternative site for a proposed use shall be considered practicable if it is available and the proposed use can be undertaken on that site after taking into consideration cost, technology, logistics, and overall project purposes. A practicable alternative does not exist if a project applicant satisfactorily demonstrates all of the following: 1.    The basic purpose of the use cannot be reasonably accomplished using one (1) or more other sites in the vicinity that would avoid or result in less adverse effects on water resources, or wildlife or plant areas or sites. 2.    The basic purpose of the use cannot be reasonably accomplished by reducing its proposed size, scope, configuration, or density, or by changing the design of the use in a way that would avoid or result in less adverse effects on water resources, or wildlife or plant areas or sites.3.    Reasonable attempts were made to remove or accommodate constraints that caused a project applicant to reject alternatives to the proposed use. Such constraints include inadequate infrastructure, parcel size, and land use designations. If a land use designation or Recreation Intensity Class is a constraint, an applicant must request a Management Plan amendment to demonstrate that practicable alternatives do not exist.F.    SMA Mitigation Plans.1.    A mitigation plan shall be prepared when: a.    The proposed development or use is within a buffer zone (wetland, pond, lakes, riparian areas, or wildlife or plant areas or sites); andb.    There is no practicable alternative as outlined in Section 40.240.880(E).2.    In all cases, mitigation plans are the responsibility of the applicant and shall be prepared by an appropriate professional (botanist or ecologist for plant sites, a wildlife or fish biologist for wildlife or fish sites, and a qualified professional for water resource sites). 3.    The primary purpose of this information is to provide a basis for the project applicant to redesign the proposed use in a manner that protects the identified water resources, and rare wildlife or plant areas and sites, that maximizes their development options, and that mitigates, through restoration, enhancement, creation and replacement measures, impacts to the water resources and wildlife and plant area or site and buffer zones. 4.    The applicant shall submit the mitigation plan to the responsible official. The responsible official shall submit a copy of the mitigation plan to the Forest Service, and appropriate state agencies. If the decision contradicts the comments submitted by the state and federal wildlife agency or heritage program, the responsible official or examiner shall justify how an opposing conclusion was reached. 5.    A project applicant shall demonstrate sufficient fiscal, technical, and administrative competence to successfully execute a mitigation plan involving wetland creation.6.    Mitigation plans shall include maps, photographs, and text. The text shall: a.    Describe the biology and function of the protected resources (e.g., wildlife or plant species, or wetland) that will be affected by a proposed use. An ecological assessment of the protected resource and the condition of the resource that will result after restoration shall be required. Reference published protection and management guidelines.b.    Describe the physical characteristics of the subject parcel, past, present, and future uses, and the past, present, and future potential impacts to the protected resources. Include the size, scope, configuration, or density of new uses being proposed within the buffer zone.c.    Explain the techniques that will be used to protect the protected resources and their surrounding habitat that will not be altered (for example, delineation of core habitat of the rare wildlife or plant species and key components that are essential to maintain the long-term use and integrity of the wildlife or plant area or site). d.    Show how restoration, enhancement, and creation measures will be applied to ensure that the proposed use results in minimum feasible impacts to protected resources, their buffer zones, and associated habitats. e.    Show how the proposed restoration, enhancement, or replacement (creation) mitigation measures are not alternatives to avoidance. A proposed development or use must first avoid a sensitive resource, and only if this is not possible should restoration, enhancement, or creation be considered as mitigation. In reviewing mitigation plans, the responsible official, appropriate state agencies, and Forest Service shall critically examine all proposals to ensure that they are indeed last resort options.7.    At a minimum, a project applicant shall provide to the responsible official a progress report every three (3) years that documents milestones, successes, problems, and contingency actions. Photographic monitoring stations shall be established and photographs shall be used to monitor all mitigation progress.8.    A final monitoring report shall be submitted to the responsible official for review upon completion of the restoration, enhancement, created or replacement activity. This monitoring report shall document successes, problems encountered, resource recovery, status of any rare wildlife or plant species and shall demonstrate the success of restoration or enhancement actions. The responsible official shall submit copies of the monitoring report to the Forest Service, who shall offer technical assistance to the responsible official in helping to evaluate the completion of the mitigation plan. In instances where restoration and enhancement efforts have failed, the monitoring process shall be extended until the applicant satisfies the restoration and enhancement guidelines.9.    Mitigation measures to offset impacts to resources and buffers shall result in no net loss of water quality, natural drainage, fish, wildlife and plant habitat, and water resources by addressing the following:a.    Restoration and enhancement efforts shall be completed no later than one (1) year after the protected resource or buffer zone has been altered, or as soon thereafter as is practicable. b.    All natural vegetation within the buffer zone shall be retained to the greatest extent practicable. Appropriate protection and maintenance techniques shall be applied, such as fencing, conservation buffers, livestock management, and noxious weed control. Within five (5) years, at least seventy-five percent (75%) of the replacement vegetation shall survive. All plantings shall be with native plant species that replicate the original vegetation community.c.    Habitat that will be affected by either temporary or permanent uses shall be rehabilitated to a natural condition. Habitat shall be replicated in composition, structure, and function, including tree, shrub and herbaceous species, snags, pool-riffle ratios, substrata, and structures, such as large woody debris and boulders.d.    If this standard is not feasible or practical because of technical constraints, a protected resource of equal or greater benefit may be substituted; provided, that no net loss of protected resource functions occurs; and further provided, that the responsible official, in consultation with the appropriate state and federal agency, determines that such substitution is justified.e.    Rare plants that will be altered shall be transplanted or replaced, to the maximum extent practicable. “Replacement” is used here to mean the establishment of a particular plant species in areas of suitable habitat not affected by new uses. Replacement may be accomplished by seeds, cuttings, or other appropriate methods. Replacement shall occur as close to the original plant site as practicable. The project applicant shall ensure that at least seventy-five percent (75%) of the replacement plants survive three (3) years after the date they are planted.f.    Nonstructural controls and natural processes shall be used to the greatest extent practicable: (1)    Bridges, roads, pipeline and utility corridors, and other water crossings shall be minimized and should serve multiple purposes and properties. (2)    Stream channels shall not be placed in culverts unless absolutely necessary for property access. Bridges are preferred for water crossings to reduce disruption to hydrologic and biologic functions. Culverts shall only be permitted if there are no practicable alternatives as demonstrated by the practicable alternative test in Section 40.240.880(E).(3)    Fish passage shall be protected from obstruction. (4)    Restoration of fish passage should occur wherever possible.(5)    Show location and nature of temporary and permanent control measures that shall be applied to minimize erosion and sedimentation when riparian areas are disturbed, including slope netting, berms and ditches, tree protection, sediment barriers, infiltration systems, and culverts.(6)    Groundwater and surface water quality will not be degraded by the proposed use. Natural hydrologic conditions shall be maintained, restored, or enhanced in such a manner that replicates natural conditions, including current patterns (circulation, velocity, volume, and normal water fluctuation), natural stream channel and shoreline dimensions and materials, including slope, depth, width, length, cross-sectional profile, and gradient. (7)    Those portions of a proposed use that are not water-dependent or that have a practicable alternative shall be located outside of stream, pond, and lake buffer zones.(8)    Stream bank and shoreline stability shall be maintained or restored with natural vegetation.(9)    The size of restored, enhanced, and created wetlands shall equal or exceed the following ratios. The first number specifies the required acreage of replacement wetlands, and the second number specifies the acreage of wetlands altered:g.    Wetland creation mitigation shall be deemed complete when the wetland is self-functioning for five (5) consecutive years. Self-functioning is defined by the expected function of the wetland as written in the Mitigation Plan. The monitoring report shall be submitted to the responsible official to ensure compliance. The Forest Service, in consultation with appropriate state agencies, shall extend technical assistance to the responsible official to help evaluate such reports and any subsequent activities associated with compliance.h.    Wetland restoration or enhancement can be mitigated successfully by donating appropriate funds to a nonprofit wetland conservancy or land trust with explicit instructions that those funds are to be used specifically to purchase protection easements or fee title protection of appropriate wetlands acreage in or adjacent to the Columbia River Gorge meeting the ratios given in subsection (F)(9)(f)(9) of this section. These transactions shall be explained in detail in the mitigation plan and shall be fully monitored and documented in the monitoring report.(Amended: Ord. 2006-05-04; Ord. 2021-12-02)

Each Recreation Intensity Class includes a description of the desired social, physical and managerial setting for recreation development within each Recreation Intensity Class. Each Recreation Intensity Class also includes a list of allowable uses, subject to compliance with Sections 40.240.890(D) and (E).A.    Recreation Intensity Class 1 – Very Low Intensity.1.    Social Setting. Visitors in this designation have a high chance of finding solitude and opportunities to experience activities that rely on self-reliance, challenge and risk. Encounters with other visitors are low throughout the designation. Perceived crowdedness is low to non-existent away from roads and recreation sites. Visitor encounters and perceived crowdedness is low to moderate at or near (within one (1) mile) roads and recreation sites.2.    Physical and Managerial Setting. Predominately natural or natural appearing landscapes with rustic improvements characterize this designation. Nodes of developed recreation facilities are allowed. Developed recreation site regulations and controls (signing, regulations or other regimentation) are noticeable but harmonize with the natural environment. Away from developed recreation sites there is minimal or subtle control of users.3.    Trail development is simple and typically accommodates low use levels. Users are highly skilled with a high degree of orienteering skills.4.    The following uses may be permitted:a.    Parking areas, not to exceed a site-wide capacity of ten (10) vehicles, when associated with any allowed uses in Recreation Intensity Class 1; accommodations for mass transportation facilities should be considered where compatible with the social and physical settings;b.    Trails for hiking, equestrian and mountain biking use;c.    Pathways for pedestrian and bicycling use;d.    Trailheads (with provisions for hitching rails and equestrian trailers at trailheads accommodating equestrian use);e.    Scenic viewpoints and overlooks;f.    Wildlife and botanical viewing and nature study areas;g.    River access areas;h.    Boat docks, piers or wharves;i.    Picnic areas; andj.    Restrooms and comfort facilities.B.    Recreation Intensity Class 2 – Low Intensity.1.    Social Setting. RIC 2 is characterized by opportunities to experience relaxation, physical fitness and outdoor learning and where there is a moderate probability to experience solitude. Typically encounters with other visitors throughout the designation are low to moderate. Visitor encounters are low to moderate on trails and away from developed recreation sites and roads, and moderate to high near (within one (1) mile) recreation sites and roads.2.    Physical and Managerial Setting. Predominately natural or natural appearing landscapes with rustic improvements characterize this designation. Nodes of highly developed recreation facilities may be allowed. Developed recreation site regulations and controls (signing, regulations or other regimentation) are noticeable but harmonize with the natural environment. Away from developed recreation sites there is minimal or subtle control of users. 3.    Trails are moderately developed (native surface or gravel, trail bridges and other facilities are provided for user convenience). Trail use is typically low to moderate. Trails are suitable for a wide range of users and are challenging and involve intermediate to advanced skills.4.    The following uses may be permitted:a.    All uses permitted in Recreation Intensity Class 1;b.    Parking areas, not to exceed a site-wide capacity of twenty-five (25) vehicles, when associated with any allowed uses in Recreation Intensity Class 2; parking spaces for campground units shall be included in this number. Accommodations for mass transportation facilities should be considered where compatible with the social and physical settings;c.    Boat ramps, not to exceed two (2) lanes; andd.    Campgrounds for twenty (20) units or less, tent sites only.C.    Recreation Intensity Class 3 – Moderate Intensity.1.    Social Setting. A high degree of interaction with other visitors with opportunities to experience relaxation and activities that provide little challenge or risk in a natural appearing environment characterizes this designation. Visitor encounters are moderate to high on trails away from developed recreation sites and roads.2.    Physical and Managerial Setting. Changes to the natural landscape may be evident but in harmony with characteristics of the landscape setting. Highly developed recreation facilities and trails are constructed for visitor convenience. On-site regulation and controls are noticeable but harmonize with the natural characteristics of the landscape. 3.    Trails typically accommodate moderate to high use and are well developed (native, gravel or paved surfaces, trail facilities such as bridges are provided for convenience). Trails are easily traveled by a wide range of users who have intermediate skill level and minimal orienteering skills.4.    The following uses may be permitted:a.    All uses permitted in Recreation Intensity Classes 1 and 2;b.    Parking areas, not to exceed a site-wide capacity of seventy-five (75) vehicles, when associated with any allowed uses in Recreation Intensity Class 3. Parking spaces for campground units shall be included in this number;c.    Accommodation of facilities for mass transportation (bus parking, etc.) shall be required for all new Recreation Intensity Class 3 day-use recreation sites, and improvements to existing Class 3 day-use recreation sites where the improvement would increase the use of the site, except for sites predominantly devoted to boat access. The number and size of the mass transportation facilities shall reflect the physical capacity of the site;d.    Boat ramps, not to exceed three (3) lanes;e.    Concessions stands, consistent with the following:(1)    Private concessions and other commercial uses at public recreation sites may be allowed pursuant to adopted policies of the public agency owning or managing the site. If a different agency manages the site, that agency’s policies shall apply, unless superseded by provisions of the owning agency’s policies.(2)    For commercial recreation sites and public recreation sites not owned or managed by a public park agency with adopted concession policies, the following policies shall apply:(a)    Retail sales at campgrounds shall be limited to camping supplies for overnight guests in dedicated space within the registration or central office building.(b)    Private concessions in permanent structures shall be limited to one (1) structure per park site. Sales shall be limited to those items necessary for enjoyment and use of recreation opportunities at the site, including food and beverages and recreation equipment rental.(c)    Mobile vendors may be permitted, subject to responsible official or examiner approvals. This review shall address solid waste disposal, visual impacts of signs, traffic circulation, and safety. Such uses shall be limited to the term of the recreation season, and sales shall be limited to food and beverages and recreation equipment rental; andf.    Campgrounds for fifty (50) individual units or less for tents and recreational vehicles, with a total density of no more than ten (10) units per acre (density to be measured based on total size of recreation facility and may include required buffer and setback areas). Class 3 campgrounds may also include one (1) group campsite area, in addition to the individual campground units or parking area maximums allowed as described herein.D.    Approval Criteria for Recreation Uses.    All proposed recreation projects outside of Public Recreation zones shall comply with Sections 40.240.800 through 40.240.900, and shall satisfy the following:1.    Cumulative effects of proposed recreation projects on landscape settings shall be based on Section 40.240.800(C).2.    For proposed recreation projects in or adjacent to lands zoned Gorge Large-Scale or Small-Scale Agriculture, or Gorge Small Woodland:a.    The use would not seriously interfere with accepted forest or agricultural practices on surrounding lands devoted to forest or farm uses. Provision of on-site buffers may be used to partially or fully comply with this criterion, depending upon project design and site conditions.b.    A declaration has been signed by the project applicant or owner and recorded with county deeds and records specifying that the applicant or owner is aware that operators are entitled to carry on accepted forest or farm practices on lands zoned Gorge Large-Scale or Small-Scale Agriculture or Gorge Small Woodland.3.    For proposed projects including facilities for outdoor fires for cooking or other purposes or proposed campgrounds: The project applicant shall demonstrate that a sufficient quantity of water necessary for fire suppression (as determined pursuant to applicable fire codes or the county fire marshal) is readily available to the proposed facility, either through connection to a community water system or on-site wells, storage tanks, sumps, ponds or similar storage devices. If connection to a community water system is proposed, the project applicant shall demonstrate that the water system has adequate capacity to meet the facility’s emergency fire suppression needs without adversely affecting the remainder of the water system with respect to fire suppression capabilities. In addition, in order to provide access for fire-fighting equipment, access drives shall be constructed to a minimum of twelve (12) feet in width and a maximum grade of twelve percent (12%). Access drives shall be maintained to a level that is passable to fire-fighting equipment.4.    Trail or trailhead projects shall comply with the following: a.    Where applicable, new trails should incorporate existing segments of older or historic trails, abandoned roads and railroad rights-of-way, and other previously developed areas suitable for recreation use to the maximum extent practicable.b.    Trails that are intended for multiple user groups shall be required to post signs at trailheads alerting users that multiple user groups may be present on the trail. Trails shall be designed such that user conflicts and safety issues are minimized.c.    Applications for new trails or trailheads shall include measures to minimize the potential spread of noxious weeds.d.    Applications for new trails or trailheads shall consider the potential of fire risk during critical fire hazard periods in developing the physical and managerial setting of the site.5.    For proposed projects providing recreation access to the Columbia River or its tributaries: applicants shall demonstrate that the new facility is consistent with and does not affect or modify tribal treaty rights.6.    For proposed projects on public lands or proposed projects providing access to the Columbia River or its tributaries: compliance with the guidelines.7.    For proposed projects which include interpretation of natural or cultural resources: a demonstration that the interpretive facilities will not adversely affect natural or cultural resources and that appropriate and necessary resource protection measures shall be employed.8.    Applications for public recreation development in Recreation Intensity Class 3 shall demonstrate how the proposed recreation development will be equitable and accessible (regardless of income level, ethnicity, gender, ability, or age). Applications for public recreation development in RIC 1 and 2 shall meet this standard to the maximum extent practicable.9.    Applications shall demonstrate compliance with the social, physical and managerial setting characteristics in the applicable Recreation Intensity Class description.E.    Facility Design Guidelines for All Recreation Projects.1.    Recreation facilities which are not resource-based in nature may be included at sites providing resource-based recreation uses consistent with the guidelines contained herein, as long as such facilities comprise no more than one third (1/3) of the total land area dedicated to recreation uses or facilities. Required landscaped buffers may be included in calculations of total land area dedicated to recreation uses or facilities.2.    The facility design guidelines contained herein are intended to apply to individual recreation facilities. To be considered a separate facility from other developments or improvements within the same recreation intensity class, recreation developments or improvements must be separated by at least one-quarter (1/4) mile of undeveloped land (excluding trails, pathways, or access roads).3.    Existing vegetation, particularly mature trees, shall be maintained to the maximum extent practicable. These trees may be utilized to satisfy requirements for perimeter and interior landscaped buffers.4.    Parking areas providing over fifty (50) spaces shall be divided into discrete “islands” separated by unpaved, landscaped buffer areas.5.    Lineal frontage of parking areas and campsite loops to scenic travel corridors shall be minimized to the greatest extent practicable.6.    Ingress and egress points shall be consolidated to the maximum extent practicable, providing for adequate emergency access pursuant to applicable fire and safety codes.7.    Signs shall be limited to those necessary to provide relevant recreation or facility information, interpretive information, vehicular and pedestrian direction, and for safety purposes.8.    Innovative designs and materials which reduce visual impacts (such as “turf blocks” instead of conventional asphalt paving) shall be encouraged through incentives such as additional allowable parking spaces and reduced required minimum interior or perimeter landscaped buffers. Upon determination that potential visual impacts have been substantially reduced by use of such designs and materials, the responsible official or examiner may allow either reductions in required minimum interior or perimeter landscape buffers up to fifty percent (50%) of what would otherwise be required, or additional parking spaces not to exceed ten percent (10%) of what would otherwise be permitted.9.    A majority of trees, shrubs and other plants in landscaped areas shall be species native to the landscape setting in which they occur. The landscape setting descriptions and design guidelines are found in Section 40.240.800(C). Project applicants that are required to use new landscaping are encouraged to place trees, shrubs and other plants in a manner approximating their natural condition.10.    For any parking area with over fifty (50) spaces, interior landscaped buffers breaking up continuous areas of parking into discrete “islands” shall be provided. The minimum width of interior landscaped buffers between each parking lot of fifty (50) spaces or less shall be twenty (20) feet.11.    Grading or soil compaction within the drip line of existing mature trees shall be avoided to the maximum extent practicable, to reduce risk of root damage and associated tree mortality.12.    Project applicants shall utilize measures and equipment necessary for the proper maintenance and survival of all vegetation utilized to meet the landscape guidelines contained herein, and shall be responsible for such maintenance and survival.13.    All parking areas shall be set back from property boundaries by at least fifty (50) feet. All campsites and associated facilities shall be set back from property boundaries by at least one hundred (100) feet.(Amended: Ord. 2006-05-04; Ord. 2021-12-02)

A.    The following shall apply to all new recreation developments and land uses in the Special Management Area:1.    New development and land uses shall not displace existing recreational use;2.    Only natural resource-based recreation shall be allowed;3.    Recreation resources shall be protected from adverse effects by evaluating new development and land uses as proposed in the site plan. An analysis of both on- and off-site cumulative effects shall be required;4.    New pedestrian or equestrian trails shall not have motorized uses, except for emergency services;5.    Mitigation measures shall be provided to preclude adverse effects on the recreation resource;6.    The Facility Design Guidelines in Section 40.240.890(E) are intended to apply to individual recreation facilities. Development or improvements within the same Recreation Intensity Class are considered as separate facilities if they are separated by at least one-quarter (1/4) mile of undeveloped land (excluding trails, pathways, or access roads); and7.    New development and reconstruction of scenic routes shall include provisions for bicycle lanes.B.    SMA Recreation Intensity Class Guidelines.    Each Recreation Intensity Class includes a description of the desired social, physical and managerial setting for recreation development within each Recreation Intensity Class. Each Recreation Intensity Class also includes a list of allowable uses, subject to compliance with Section 40.240.890(E).1.    Recreation Intensity Class 1 – Very Low Intensity.a.    Social Setting. Visitors in this designation have a high chance of finding solitude and opportunities to experience activities that rely on self-reliance, challenge and risk. Encounters with other visitors are low throughout the designation. Perceived crowdedness is low to non-existent away from roads and recreation sites. Visitor encounters and perceived crowdedness are low to moderate at or near (within one (1) mile) roads and recreation sites.b.    Physical and Managerial Setting. Predominately natural or natural appearing landscapes with rustic improvements characterize this designation. Nodes of developed recreation facilities may be allowed. Developed recreation site regulations and controls (signing, regulations or other regimentation) are noticeable but harmonize with the natural characteristics of the landscape setting. Away from developed recreation sites there is minimal or subtle control of users. c.    Trail development is simple and typically accommodates low use levels. Users are highly skilled with a high degree of orienteering skills.d.    The maximum design capacity for parking areas shall be ten (10) vehicles.e.    The following uses may be permitted:(1)    Trails and trailheads;(2)    Parking areas;(3)    Dispersed campsites accessible only by a trail;(4)    Viewpoints and overlooks;(5)    Picnic areas;(6)    Signs;(7)    Interpretive exhibits and displays;(8)    Restrooms;(9)    Accommodations for mass transportation facilities should be considered where compatible with the social and physical settings.2.    Recreation Intensity Class 2 – Low Intensity.a.    Social Setting. RIC 2 is characterized by opportunities to experience relaxation, physical fitness, and outdoor learning, and where there is a moderate probability to experience solitude. Visitor encounters are low to moderate on trails and away from developed recreation sites and roads, and usually moderate to high near (within one (1) mile) recreation sites and roads.b.    Physical and Managerial Setting. Predominately natural or natural appearing landscapes with rustic improvements characterize this designation. Nodes of highly developed recreation facilities may be allowed. Developed recreation site regulations and controls (signing, regulations or other regimentation) harmonize with the natural characteristics of the landscape setting. Away from developed recreation sites there is minimal or subtle control of users.    Trails are moderately developed (native surface or gravel, trail bridges and other facilities are provided for user convenience). Trail use is typically low to moderate. Trails are suitable for a wide range of users and are challenging and involve intermediate to advanced skills.c.    The maximum design capacity shall be twenty-five (25) vehicles.d.    All uses permitted in Recreation Intensity Class 1 are permitted in Recreation Intensity Class 2. The following uses may also be permitted:(1)    Campground for twenty (20) units or less, tent sites only;(2)    Boat anchorages designed for no more than ten (10) boats at one (1) time; and(3)    Swimming areas;(4)    Accommodations for mass transportation facilities should be considered where compatible with the social and physical settings.(Amended: Ord. 2006-05-04; Ord. 2021-12-02)

A.    Purpose.1.    General. These overlay districts are intended to provide notice of pending pre-applications and applications to nearby airports, provide an opportunity to mitigate adverse impacts of new development on airport operations and provide for comment from the airport owner, Federal Aviation Administration and State Aviation Division on development pre-applications and applications.2.    Airport Environs (AE-1) Overlay. This district is intended to identify and protect existing general aviation public use airports that have been significantly impacted by adjacent development. This overlay provides for notification of airport owners, Federal Aviation Administration and the State Aeronautics Division to provide an opportunity to mitigate the adverse impacts of new development on airport operations, reduce the range of airport noise sensitive uses from locating in close proximity to the airport and require notification to future land owners of the impacts on property inherent in locating near an airport.3.    Airport Environs (AE-2) Overlay. This district is intended to identify and protect future/new general aviation public use airports by providing, in addition to the protections of the AE-1 overlay, protective surfaces standards that are combined with the underlying zoning district to minimize the conflicts between airports and proposed future development. These protective surfaces: (a) prevent future incompatible uses and the establishment of airspace obstructions in airport clear zones, approaches and surrounding areas through height restrictions, (b) restrict noise-sensitive uses and regulate further establishment of uses sensitive to airport operations by precluding some uses and notification of airport impacts of other uses.B.    Applicability.1.    The application of the AE-1 overlay zone extends outward from the airport runway approximately two thousand (2,000) feet as shown on the official maps adopted by Clark County.2.    The AE-2 overlay zone will be applied on the official zoning map of Clark County and include the AAZ and RPZ; provided, the RPZ shall be applied only if the airport owns the property subject to this zone.3.    Where the standards contained in this district conflict with base zone standards, the more restrictive standard shall apply.C.    Definitions.    For the purposes of this section, the following definitions shall apply:D.    Comments Required.1.    Applicants with property within an airport or airport environs overlay district shall provide written comments from the Washington State Department of Transportation Aviation, the Federal Aviation Administration and the airport owner to Clark County at the pre-application conference.2.    Where no pre-application conference is required, the written comments shall be provided with the application packet.3.    Where the applicant has provided written requests for comments and the agency or airport owner has failed to respond within thirty (30) days from the date the written request was mailed, the applicant may submit the pre-application or application without the required comments.(Amended: Ord. 2009-12-01)E.    Standards.1.    General.a.    Noise-Sensitive Uses. Prior to final approval, the land owners of land divisions and site plan reviews located within an AE zone shall sign and separately record in the deed and mortgage records of Clark County a notice of airport activities and submit it to the airport sponsor and the responsible official, pursuant to Section 40.250.010(F).b.    Lighting. New development that creates glare or lighting that interferes with lights necessary for aircraft landings is prohibited.2.    Airport Environs Overlay (AE-1). Based on the responses from the airport owner, state and federal aviation authorities, Clark County shall determine whether the proposal causes a significant threat to the health or safety of people on or off the property. Where a significant adverse structural impact is identified the responsible official may issue a determination of significance where mitigation measures are not known or a mitigated determination of nonsignificance where mitigation measures are known.3.    Airport Environs Overlay (AE-2).a.    While it is desirable to prevent new obstructions from the runway protection zone (RPZ), some uses are permitted, provided they do not attract wildlife, are below the approach surface, and do not interfere with airport operations.(1)    Agricultural operations (other than forestry or livestock farms).(2)    Golf courses (but not club houses).(3)    Automobile parking facilities.b.    Places of public assembly are prohibited in the AAZ.c.    No structure shall penetrate into the airport imaginary surfaces as defined under Section 40.250.010(C).F.    Notice of Airport Activities.    Land divisions and site plan applications within an airport environs overlay district shall contain or be accompanied by a notice provided by the responsible official. Said notice shall include the following disclosure:1.    The subject property is near an airport where a variety of airport related activities occur that are not compatible with development. Potential discomforts or inconveniences may include, but are not limited to: noise, aircraft takeoffs and landings.2.    Such notice shall be recorded separately with the County Auditor.

A.    Purpose.The purpose of the surface mining overlay district is to ensure the continued availability of rock, stone, gravel, sand, earth and mineral products without disrupting or endangering adjacent land uses, while safeguarding life, property and the public welfare.B.    Applicability.1.    The provisions in this section shall apply to parcels designated with the surface mining overlay.2.    With the exception of Section 40.250.022(F), the provisions of this section shall apply only to new applications for surface mines and related uses and expansions of existing mines. Operation of existing surface mines and related uses shall conform to the conditions of approval adopted with their site plan and/or conditional use approval. Section 40.250.022(F) is applicable, according to its terms, to all existing, expanded, and new surface mines and related uses.3.    Provisions of Chapter 78.44 RCW and Chapter 332-18 WAC pertaining to surface mining that are applicable to Clark County are adopted by reference.4.    Surface mining activity and related processing within the Columbia River Gorge National Scenic Area are subject to Chapter 40.240. Where Section 40.250.022 is in conflict with Chapter 40.240, the provisions of Chapter 40.240 govern.C.    Uses.1.    Permitted Uses. In addition to uses allowed in the underlying zoning district, the following uses are permitted in the surface mining overlay district:a.    Temporary offices, shops or other accessory buildings and structures used for the management and maintenance of on-site mining and processing equipment; andb.    Short-term stockpiling of extracted materials at a road improvement site or construction site, for use at that job site.2.    Conditional Uses. In addition to uses allowed conditionally in the underlying zoning district, the following uses are allowed in the surface mining overlay district, subject to conditional use approval:a.    Extractions of rock, stone, gravel, sand, earth and minerals;b.    Asphalt mixing;c.    Concrete batching;d.    Clay bulking; ande.    Rock crushing.D.    Standards. 1.    Site Area. When the activity includes both extraction and any one (1) of the other uses listed in Section 40.250.022(C)(2), the total site area shall be a minimum of twenty (20) acres. Activities which are limited to extraction only shall not have a minimum site size.2.    Setbacks.a.    Mineral uses on designated mineral resource land shall be set back at least two hundred (200) feet from abutting parcels with existing lawfully established residential structures or adjacent rural (R) zoning. The setback area shall be used only for roads, berms, landscaping, signs, fencing and reclamation activities. The setback may be reduced by the responsible official if the purposes of this chapter can be met with the reduced setback.b.    Structures on properties adjacent to designated mineral resource land shall be set back at least one hundred fifty (150) feet from such land. The setback may be reduced by the responsible official if the purposes of this chapter can be met with the reduced setback or if it is not feasible to meet the setback due to site constraints. Setbacks shall not apply to existing structures.3.    Access. Roads into the site shall be gated and the site or mining area shall be fenced and posted “No Trespassing.”4.    Noise. Maximum permissible noise levels must be in accordance with the provisions of Chapter 173-60 WAC or as identified in the SEPA document.5.    Hours and Days of Operation.a.    No operations shall take place on Sundays or on the following holidays: New Year’s Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day, Easter, MLK Day, Veterans Day, and Christmas Day.b.    All operations and activities other than blasting and maintenance are restricted to the hours of 6:00 a.m. to 6:00 p.m. Monday through Friday and 8:00 a.m. to 5:00 p.m. Saturday.c.    Blasting is restricted to the hours of 9:00 a.m. to 4:00 p.m. Monday through Friday.d.    Maintenance activities, excluding mining, crushing, and loading, may be performed outside the normal hours of operation; provided, that no equipment with narrow-band (beeping) backup alarms is used. Noise levels must comply with nighttime noise requirements.e.    Loading and hauling outside of normal hours of operation may be approved by the responsible official; provided, that:(1)    The applicant provides at least fourteen (14) days’ notice to the county prior to the event such that the county can provide at least ten (10) days’ notice to property owners within one-half (1/2) mile of the site boundary and to owners of all parcels abutting local access roads to be used for hauling that are between the site and roads designated in the Arterial Atlas as connectors, arterials, or State highways;(2)    The applicant provides evidence that the contract requires delivery of rock or rock products outside of normal operating hours; and(3)    All equipment shall utilize broadband backup alarms or reverse-activated strobe lights conforming to Mining Safety and Health Administration (MSHA) requirements.(4)    In an emergency, the responsible official may waive the requirements of this subsection.6.    Stormwater and erosion control must meet the standards of Chapter 40.386.7.    Blasting and mining activities shall not:a.    Adversely affect the quality or quantity of groundwater or groundwater wells; orb.    Cause damage to off-site structures, where such structures were constructed pursuant to an approved permit, if one (1) was required.8.    Notice of blasting events shall be provided by the operator to property owners within one-half (1/2) mile of the mining limits by mail at least seven (7) days prior to blasting. Any person requesting notice via electronic communication shall be notified at least twenty-four (24) hours prior to blasting.9.    Mining activities must meet applicable Federal, State and county standards governing odors, dust, smoke, blasting and vibration. Lighting shall not cast significant light or glare on adjacent properties.10.    The Director of Public Works may require pavement wear agreements for public roads used to access the site. Public access roads to mining sites must be maintained to the satisfaction of the Director of Public Works, to minimize problems of dust, mud, potholes, runoff and traffic safety. All vehicles shall comply with RCW 46.61.655 (escape of load materials and cleaning of vehicles).11.    Internal access roads shall be paved within one hundred (100) feet of a paved county road or State highway to reduce tracking of dirt, mud and rocks.12.    The applicant shall identify the source or potential source and approximate amount of water anticipated to be used on the site. If this amount exceeds the exemption provided for under RCW 90.44.050, the applicant must present evidence that adequate water can be made available without adversely affecting nearby uses.13.    Consistent with Section 32.04.040, the operator shall grant access for inspection of the mine operation in order for the county to monitor and, if necessary, enforce the provisions of the conditional use permit. (Amended: Ord. 2015-11-24)E.    Approval Process.1.    Site plan approval is required prior to any surface mining use.2.    Plans shall be drawn to an engineer’s scale and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that they will conform to the provisions of this section and all other relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give the location of the work, the names and addresses of the owner, and the person by whom they were prepared. The plans shall include the following minimum information:a.    General vicinity maps of the proposed site;b.    Property boundaries and contours of existing ground, details of existing terrain, and details of existing area drainage;c.    Proposed elevations and contours of the greatest extent of the proposed mining and proposed drainage channels and related construction;d.    Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams, berms, settling ponds and other protective devices to be constructed with or as a part of the proposed work, together with the maps showing the drainage area and the estimated runoff of the area served by any drains;e.    Location of any buildings or structures on the property where the work is to be performed, and the location of any buildings or structures on land of adjacent property owners which are within two hundred (200) feet of the property;f.    Location of access roads and primary haul routes;g.    Stormwater calculations and proposed treatment facilities for runoff from access roads and impervious areas;h.    A hydrogeology report which characterizes the groundwater and surface water and identifies wells within one-half (1/2) mile of the proposed mining limits and a monitoring and mitigation plan if there are existing wells within one-half (1/2) mile of the proposed site; andi.    A traffic impact analysis including the following elements, or as directed by the Director of Public Works:(1)    Trip generation, including passenger and haul vehicles;(2)    Trip assignment and distribution;(3)    Capacity analysis: existing and proposed operational level of service at the site access and intersections along primary and secondary haul routes including any proposed mitigations;(4)    Safety analysis: sight distance at intersections and crash history at intersections and along all haul route corridors, including any proposed mitigations;(5)    Vehicle maneuvering analysis: turning movements at intersections and tracking at intersections and horizontal curves including any proposed mitigations; and(6)    Structural capacity analysis: remaining life of primary and secondary haul routes under current and proposed loading including any improvements needed to achieve a fifteen (15) year structural capacity.3.    Conditional uses permitted under Section 40.250.022(C)(2) shall be reviewed through a conditional use process pursuant to Section 40.510.030.4.    For temporary uses permitted under Section 40.250.022(C)(1) that are not exempt from review per Section 40.260.220(C)(3)(b), the responsible official shall review and approve plans and specifications through a Type I process pursuant to Section 40.510.010.5.    Notice required by Sections 40.250.022(E)(3) and (4) shall be sent to owners of property within a radius of one (1) mile of the site and to owners of all parcels abutting local access roads identified as the primary haul route that are between the site and roads designated in the Arterial Atlas as collectors, arterials or State highways. F.    Monitoring and Enforcement.The following shall apply to all existing, expanded and new mining operations, except that subsections (F)(2) and (3) of this section shall not apply to mining operations that predate the adoption of this section.1.    Operating requirements and standards shall be implemented through compliance with conditions of approval as specified in this section and in the conditional use permit issued by the county.2.    In order to ensure compliance with conditions of approval, the applicant shall develop and conduct a monitoring program. The monitoring program shall be approved by the county prior to beginning operations under the permit, and shall include the following:a.    A statement of the operating requirements and standards for each condition of approval in the permit for mineral extraction, materials processing, and materials transport;b.    A description of the methodology for determining compliance with each requirement and standard; andc.    A schedule for conducting the required monitoring.3.    At the applicant’s expense, all results of the required monitoring shall be kept for at least ten (10) years, and included in a report submitted to the county:a.    Beginning twelve (12) months after approval of the conditional use permit;b.    Continuing at twelve (12) month year intervals thereafter; andc.    As needed, in the determination of the responsible official, to correct any instances of noncompliance.4.    The county shall conduct a periodic performance review of permit requirements and standards at the end of the first three (3) years, and at three (3) year intervals after that. The periodic review shall be a Type 2 land use decision. The periodic review shall determine whether the facility is operating consistent with all existing permit conditions.5.    The county shall conduct an inspection of the mining facility no less than once per year in order to assess the accuracy and effectiveness of the monitoring program and, if necessary, enforce the provisions of the conditional use permit, pursuant to the provisions of Title 32.6.    Failure to comply with the operating requirements and standards specified in the conditional use permit may result in revocation of the conditional use permit, pursuant to the provisions of Title 32 and Section 40.520.030.G.    Resource Activity Notification.1.    All approvals for subdivisions, short plats, site plans, zone reclassifications, manufactured home park site plan approvals, variances, conditional use permits, shoreline permits and building permits issued or approved for land on or within one thousand (1,000) feet of lands designated as natural resource land (agricultural, forest or mineral lands), pursuant to RCW 36.70A.170, shall contain or be accompanied by a notice stating the following:The subject property is adjacent or in close proximity to designated mineral resource land on which a variety of commercial mining activities may occur that are not compatible with residential development. Potential disturbances or inconveniences may occur 24 hours per day and include but are not limited to: noise, blasting, odors, fumes, dust, smoke, and operation of heavy machinery.2.    In the case of plats, short plats and binding site plans, notice shall also be included in the plat or binding site plan dedication.H.    Land Restoration.1.    Upon the exhaustion of minerals or materials, or upon the permanent abandonment of the quarrying or mining operation, all buildings, structures, apparatus or appurtenance accessory to the quarrying and mining operation which are nonconforming to the underlying district shall be removed or otherwise dismantled to the satisfaction of the responsible official.2.    Unless approved as a sanitary landfill, grading or backfilling shall be made with nonnoxious, nonflammable, noncombustible and nonputrescible solids.3.    Such graded or backfilled areas, except for roads, shall be sodded or surfaced with soil of a quality at least equal to the topsoil of the land areas immediately surrounding, and to a depth of at least four (4) inches, or a depth of that of the topsoil of land areas immediately surrounding, if less than four (4) inches.4.    Such topsoil as required by Section 40.250.022(H)(3) shall be planted with trees, shrubs or grasses. If the site is within an AG or FR district, the topsoil shall be of a similar type to the surrounding area.5.    Graded or backfilled areas shall be reclaimed in a manner which will not permit stagnant water to remain. Suitable drainage systems approved by the responsible official shall be constructed or installed if natural drainage is not possible.6.    Waste or soil piles shall be leveled and the area treated, as required in Sections 40.250.022(H)(3) and (4).I.    Applicability to Pre-Existing Operations.Notwithstanding Section 40.530.010, the provisions of the surface mining overlay district shall apply to surface mining operations commenced prior to, and in continued operation, as of December 30, 1997. (Added: Ord. 2014-12-06)

A.    Purpose.    The purpose of this section is to provide for the identification, evaluation and protection of historic and prehistoric resources within the county and to encourage the preservation, restoration and rehabilitation of eligible historic and/or cultural resources within the county for future generations in order to:1.    Safeguard the heritage of the county as represented by those properties that reflect the significant elements of the county’s history;2.    Increase recognition of the county’s historic and cultural resources;3.    Foster a sense of identity based upon the county’s history;4.    Assist, encourage and provide incentives to property owners for preservation, restoration and use of significant properties; and5.    Promote and facilitate the early identification and resolution of conflicts between preservation of historic/cultural resources and alternative land uses.(Amended: Ord. 2018-08-04; Ord. 2019-11-06)B.    Applicability.    This section applies to any property which falls into the following categories:1.    Listed on the Clark County Cultural Resources Inventory or for which application to be listed has been filed with the Historic Preservation staff per Section 40.250.030(K);2.    Listed on the National Register of Historic Places or Washington State Heritage Register or the Washington Department of Archaeology and Historic Preservation (DAHP) has requested the Historic Preservation Commission to review and provide a recommendation on a nomination per Section 40.250.030(D)(4)(f);3.    Listed on the Clark County Heritage Register or for which a nomination application to be listed has been filed with the Historic Preservation staff per Section 40.250.030(E).(Amended: Ord. 2018-08-04; Ord. 2019-11-06)C.    Definitions.     For the purposes of this section, the following definitions shall apply, unless a different meaning clearly appears from the context:(Amended: Ord. 2009-07-01; Ord. 2018-08-04; Ord. 2019-11-06) D.    Clark County Historic Preservation Commission.1.    Creation and Size. There is established a Clark County Historic Preservation Commission (the Commission), consisting of seven (7) members. Five (5) members of the Commission shall be appointed by the County Council and shall be residents of the county, except as provided in Section 40.250.030(D)(2)(b), and two (2) members of the Commission shall be appointed by the Vancouver City Council, except as provided in Section 40.250.030(D)(2)(b).2.    Composition of the Commission.a.    The County Council must ensure that all members appointed to the Commission have a demonstrated special interest, experience or knowledge in history, historic preservation, architecture or related disciplines as listed in Section 40.250.030(D)(2)(b).b.    The Vancouver City Council and the County Council must coordinate to ensure that the Commission includes at least two (2) professionals who have experience in identifying, evaluating, and protecting historic and cultural resources, and are selected from among the disciplines of history, public history, architecture, architectural history, historic preservation, planning, cultural anthropology, archaeology, cultural geography, American studies, or the practice of historic rehabilitation or restoration. The Commission may take action even if there is a temporary vacancy of one (1) or all of the professional positions, unless the Commission action is related to meeting certified local government (CLG) responsibilities cited in the certification agreement between the County Council and the State Historic Preservation Officer. Furthermore, an exception to the residency requirement of Commission members may be granted by the County Council for the commission members appointed by the County Council in order to obtain representatives from these disciplines. An exception to the residency requirement of Commission members may be granted by the Vancouver City Council for the commission members appointed by the Vancouver City Council in order to obtain representatives from these disciplines.3.    Terms.a.    The appointments to the Commission are staggered. The terms are for three (3) years. Membership on the Commission is limited to two (2) full consecutive three (3) year terms. Reappointment after two (2) full consecutive terms may be made after at least a one (1) year absence.b.    Vacancies occurring otherwise than through the expiration of terms shall be filled for the unexpired terms. Members appointed by the County Council may be removed by the County Council for inefficiency, neglect of duty, or malfeasance in office. The County Council shall select Commission members without regard to political affiliations.4.    Powers and Duties. The major responsibilities of the Historic Preservation Commission are to identify and actively encourage the conservation of the county’s historic and cultural resources by initiating and maintaining a register of historic places and reviewing proposed changes to register properties; to raise community awareness of the county’s historic and cultural resources; and to serve as the county’s primary resource in matters of historic preservation. In carrying out these responsibilities, the Commission shall engage in the following:a.    Conduct and maintain a comprehensive inventory of historic and cultural resources within the boundaries of Clark County and known as the Clark County Cultural Resources Inventory; publicize and periodically update inventory results;b.    Maintain the Clark County Heritage Register (CCHR). This official register shall be compiled of properties identified by the Commission as having historic significance worthy of recognition by the county and encouragement of efforts by owners to maintain, rehabilitate, and preserve properties;c.    Review nominations to the Clark County Heritage Register according to criteria in Section 40.250.030(E)(1) and adopt standards in its rules and procedures to be used to guide this review;d.    Review proposals to construct, change, alter, modify, remodel, move, demolish, or significantly affect properties or districts on the Clark County Heritage Register as provided in Section 40.250.030(F); and adopt standards in its rules and procedures to guide this review and the issuance of a certificate of appropriateness or waiver;e.    Conduct all Commission meetings in compliance with Chapter 42.30 RCW, Open Public Meetings Act, to provide for adequate public participation and adopt standards in its rules and procedures to guide this action;f.    Review nominations to the National Register of Historic Places and provide recommendations to the applicable agency according to criteria in the Commission’s rules and procedures;g.    Submit nominations to the Washington State Heritage Register and National Register of Historic Places;h.    Provide for comment by the Commission on all applications for approvals, permits, environmental assessments or impact statements, and other similar documents pertaining to identified historic or cultural resources, or adjacent properties when requested to by staff;i.    Provide information, comment, and support to the public and agencies on matters related to historic preservation;j.    Encourage recognition of noteworthy efforts in the rehabilitation or maintenance of historic properties and districts, and new construction in historic areas;k.    Serve as the local review board for special valuation pursuant to Chapter 84.26 RCW and Section 40.250.030(I).5.    Compensation. All members shall serve without compensation.6.    Rules and Officers.a.    The Commission shall establish and adopt its rules and procedures not inconsistent with this section.b.    The Commission shall select from among its membership a Chair and Vice-Chair to conduct the Commission’s business.c.    All official actions of the Commission shall require a majority vote of the members. No member shall be eligible to vote upon any matter unless that member has attended the hearing.7.    Commission Staff. Staff assistance shall be provided by the Community Planning Department with additional assistance and information to be provided by other county or city departments as may be necessary to aid the Commission in carrying out its duties and responsibilities under this section.8.    Interlocal Agreement Required. Prior to review by the Commission of nominations or certificates of appropriateness for properties within incorporated cities, an interlocal agreement shall be established as per Section 40.250.030(J).(Amended: Ord. 2006-05-01; Ord. 2009-07-01; Ord. 2018-08-04; Ord. 2019-11-06)E.    Clark County Heritage Register (CCHR).1.    Criteria for Determining Eligibility for Designation in the Register. Any property or district may be designated for inclusion in the CCHR if:a.    It is at least fifty (50) years old, or is of lesser age and has exceptional importance; andb.    It is historically significant; andc.    It has integrity of location, design, setting, materials, workmanship, feeling, or association.2.    The properties must meet the criteria in Section 40.250.030(E)(1) as well as fall into at least one (1) of the following categories documenting its significance:a.    It is associated with events that have made a significant contribution to the broad patterns of national, state, or local history;b.    It embodies the distinctive architectural characteristics of a type, period, style or method of design or construction, or represents a significant and distinguishable entity whose components may lack individual distinction;c.    It is an outstanding work of a designer, builder, or architect who has made a substantial contribution to their field;d.    It exemplifies or reflects special elements of the county’s history;e.    It is associated with the lives of persons significant in national, state, or local history;f.    It has yielded or may be likely to yield important archaeological information related to history or prehistory;g.    It is a historic building or cultural resource removed from its original location but which is significant for architectural value, or association with a historic person or event, or prehistory;h.    It is a birthplace or grave of a prehistoric or historical figure of outstanding importance, and is the only surviving structure or site associated with that person;i.    It is a cemetery or burial site which derives its primary significance from age, from distinctive design features, or from association with historic events, or cultural patterns;j.    It is a reconstructed building that has been executed in a historically accurate manner on the original site;k.    It is a creative and unique example of folk architecture and design created by persons not formally trained in the architectural or design professions, and which does not fit into formal architectural or historical categories.3.    Nominating, Designating and Listing Properties to the CCHR.a.    A property owner or owners must consent in writing before a nomination application may be accepted by the county. Any person may prepare a nomination form; however, it will not be scheduled for public hearing without the consent of every owner.b.    Nominations shall be made on official nomination forms provided by the Historic Preservation staff, shall be filed with the Historic Preservation staff, and shall include all data required by the Commission, as described in Section 40.250.030(E)(3)(d) and the rules and procedures. c.    The nomination or designation of a historic resource shall constitute nomination or designation of the parcel which is occupied by the historic resource unless the nomination specifically indicates only the footprint of a building, structure, site or object.d.    Properties should be described in detail on the nomination form. All interior and exterior features and outbuildings which contribute to the designation should be mentioned and described. Noncontributing features should also be mentioned and described. e.    The original form should be presented along with the following documentation:(1)    An assessor’s tax parcel map of Clark County should be included, with the parcel prominently identified. Color highlighting of the map is not acceptable.(2)    A legal description which includes the tax lot(s), section(s), township(s), and range(s).(3)    A sketch or scaled map showing significant property elements and property boundaries for nominations involving more than a single structure or site.(4)    Digital photographs detailing the historic nature of the property. All photo files must be clearly labeled to identify location, subjects, and the direction the photograph was taken. The Clark County Historic Preservation Commission staff should be consulted regarding exact photo requirements for specific nominations. (5)    Any other documentation (newspaper articles, historic photographs, etc.) that supports the information in the nomination.f.    Upon receipt by the Historic Preservation staff of any nomination for designation, the staff shall review the nomination, consult with the person or persons submitting the nomination and the owner, and request additional information on the nomination. It is the responsibility of the person or persons submitting the nomination to perform such research as is necessary for consideration by the Commission. g.    The Commission shall consider the merits of the nomination, according to the criteria in Section 40.250.030(E)(1), at a public hearing. Staff shall publish notice of the hearing for a nomination in a newspaper of general circulation in Clark County and post the property at least fifteen (15) days prior to the hearing. Staff shall also distribute the notice to:(1)    The applicant and the applicant’s representative;(2)    The neighborhood association in which the property is located;(3)    Property owners within a radius of three hundred (300) feet of the nominated property if the nominated property is inside the urban growth boundary or within a radius of five hundred (500) feet if the property is outside the urban growth boundary;(4)    Agencies with jurisdiction; and(5)    To known interest groups and other people the responsible official believes may be affected by the proposed action or who request such notice in writing.h.    The Commission shall hear, deliberate, and make a decision on the nomination at a public hearing. The Chair of the Commission determines when the public record closes, after which no additional evidence or arguments can be submitted.(1)    If the Commission finds that the nominated property is eligible for the CCHR, the Commission shall list the property in the register with owner’s consent.(2)    After the hearing, staff shall prepare the Commission’s decision in writing, which shall state the findings of fact and reasons relied upon in reaching its decision, within fourteen (14) days of the close of the case record.i.    The Commission staff shall ensure that the following actions are taken with regard to each property which is listed on the CCHR: (1)    Record a copy of the listing certificate with the County Auditor’s office.(2)    Note in the electronic permit tracking system or other database of the county or any CLG city to alert staff and public as to the presence of a historic property. Archaeological sites are exempt from this requirement.(3)    Identify the property on county maps as being listed in the CCHR, except site-specific archaeological sites.j.    The procedures set forth in this section may also be used to amend existing designations. If the Commission approves an amendment to an existing designation, the updated record will be filed with Clark County Community Planning.4.    Nominating, Designating, and Listing of Historic Districts. (THIS SECTION RESERVED).5.    Removal of Property from the CCHR.a.    A property owner may request a review of a property for possible removal from the CCHR. A written request may be submitted to the Commission and considered at a public meeting. However, there is no automatic right to have a property be considered for removal from the CCHR.b.    The Commission may determine at a public meeting whether to hold a public hearing to consider removal of a property from the CCHR. The Commission may remove a property from the CCHR with the same criteria and process as provided for in establishing the designation, per Section 40.250.030(E), except that a property may be removed from the CCHR without the owner’s consent.6.    Effects of Listing on the CCHR. Nominations to the CCHR of historic districts in unincorporated Clark County are not provided for in this section. References to historic districts in this section are for the purpose of reviewing district nominations and designations of jurisdictions with historic district criteria written into their ordinance(s), and with which Clark County has a valid interlocal agreement for such review.a.    Listing on the CCHR is an honorary designation denoting significant association with the historic, architectural, archaeological, engineering, or cultural heritage of the community. Properties are listed individually or as contributing properties within a historic district.b.    Prior to the commencement of any work associated with the significant features as defined in the designation of the registered property, excluding ordinary repair, maintenance and emergency measures defined in Section 40.250.030(F), the owner must request and receive a certificate of appropriateness from the Commission for the proposed work.c.    Prior to whole or partial demolition of a registered property, the owner must request and receive a waiver of a certificate of appropriateness per Section 40.250.030(F)(3)(d).d.    After demolition of a structure, the Commission may initiate removal of the property from the CCHR, per Section 40.250.030(E)(5)(b).e.    While Clark County is certified as a certified local government (CLG), all properties listed on the CCHR and the National Register of Historic Places may be eligible for a special tax valuation on their rehabilitation pursuant to Section 40.250.030(I).f.    The owner must provide ordinary repair and maintenance to ensure protection of the contributing historic features of the property as defined in the historic designation.(Amended: Ord. 2018-08-04; Ord. 2019-11-06)F.    Review of Changes to CCHR Properties – Certificate of Appropriateness Process.1.    Review Required. No person shall construct any new building or structure, or reconstruct, alter, restore, remodel, repair, move, demolish, or make any material change affecting significant historic features as listed in the designation form(s) to any existing property on the CCHR, or within a historic district on the CCHR, without review by the staff or Commission, and without receipt of a certificate of appropriateness, or, in the case of demolition, a waiver of certificate of appropriateness, as a result of the review. The review shall apply to all features of the property, interior and exterior, that contribute to its designation and are listed on the designation. This requirement shall apply whether or not the proposed alteration also requires a building or other permit, except as noted under Section 40.250.030(F)(2). Information required by the Commission to review the proposed changes is established in rules and procedures. A pre-application conference is recommended but is at the request of the applicant.2.    Exemptions. The following activities do not require a certificate of appropriateness or review by the Commission:a.    Ordinary repair and maintenance which do not affect significant historic features including:(1)    Painting or emergency measures as defined in Section 40.250.030(C).(2)    Ordinary repairs and maintenance which do not alter the appearance of a significant feature and do not utilize substitute materials.(3)    Repairs to, or replacement of, utility systems.b.    A registered property may be altered, relocated, or demolished without a certificate of appropriateness if the Building Official attests in writing that the condition of the registered property poses a clear and immediate hazard to public safety provided the alteration, relocation or demolition is limited to only what is necessary to mitigate the hazard and, in the case of demolition, that it is the only feasible option to mitigate the hazard. All pertinent codes and regulations in Section 14.14A of the Dangerous Building Code shall remain in effect. The comments of the Building Official with sufficient evidence to support his or her conclusions shall be provided to the Historic Preservation staff within fifteen (15) days of making his or her decision. The Historic Preservation staff will make these materials available to the Historic Preservation Commission at their next regular meeting. 3.    Certificate of Appropriateness Review Process.a.    Requests for Review and Issuance of a Certificate of Appropriateness or Waiver. The Building or Zoning Official shall report any application for a permit to work on a designated CCHR property or in a Clark County heritage historic district to Commission staff. If the activity is not exempt from review, the Commission or staff shall notify the applicant of the review requirements. The responsible official shall not issue any such permit (except as provided in Section 40.250.030(F)(2)), until a certificate of appropriateness or a waiver is received from the Commission but shall work with the Commission in considering Building and Fire Code requirements.b.    There shall be two (2) types of reviews for issuance of a certificate of appropriateness:(1)    Staff Review. An administrative review by Commission staff for repairs and replacements-in-kind as listed below, but not limited to the following:(a)    Repairs (other than ordinary repair and maintenance) using the same materials and design as the original;(b)    Reroofing using the same type and color of material;(c)    Replacement of sidewalks and driveways using the same type and color of materials;(d)    Replacement of foundations or major portions thereof, using the same type and color of materials;(e)    Replacement of utility systems if contributing interior features of significance are present;(f)    Structural or seismic upgrades which do not alter or affect significant features.(2)    Commission Review. A public hearing review by the Commission for alterations in appearance, replacement of historic materials, new construction or additions, or demolition or removal of a CCHR property or cultural resource. Demolition of structures or facilities with recognized historical significance is also subject to the State Environmental Policy Act.c.    When a certificate of appropriateness is required, the following procedures shall govern according to the type of review required:(1)    Staff Review. An application for a certificate of appropriateness shall be reviewed by the Commission staff.(a)    An application for the certificate shall be submitted to the Commission staff on forms provided by the Commission and in accordance with the following submission requirements: a clear photograph or photographs of the property, a brief description of the intended work, and samples of replacement material for comparison with the existing or the original building or structure must be furnished with the application.(b)    Decision of the Commission staff on the application shall be made within fifteen (15) days from the date on which the Commission staff receives a fully complete application.(c)    The Commission staff may, on his or her own motion, refer the application to the Commission for a decision in accordance with the procedures set forth for a Commission review per Section 40.250.030(F)(3).(d)    Appeals of Staff Decision. Staff reviews may be appealed to the Commission.(i)    A final decision regarding an application subject to a staff review procedure may be appealed by a party of record. Final decisions may be appealed only if, within fourteen (14) calendar days after written notice of the decision is mailed, a written appeal is filed with the responsible official. (ii)    Submittal Requirements. An appellant shall submit the following information for an appeal: the case number designated by the county and the name of the applicant, the name and signature of each appellant and a statement showing that each appellant is entitled to file the appeal under Section 40.250.030(F)(3)(d). If multiple parties file a single appeal for review, the appeal shall designate one (1) party as the contact representative for all contact with the responsible official. All contact with the responsible official regarding the appeal, including notice, shall be with this contact representative, and the specific aspect(s) of the decision being appealed, the reasons why each aspect is in error as a matter of fact or law, and the evidence relied on to prove the error.(iii)    Appeal Decision. The Historic Preservation Commission shall hear appeals in a public hearing. Staff shall provide notice of an appeals hearing by mailing notification to the parties of record, and publishing notice in the newspaper of general circulation, and by posting notice on the property. Staff shall prepare a report and the Commission shall hold a hearing and make a decision. Staff shall prepare a final decision report and make it publicly available and provide it to the parties of record. The decision can be appealed per Section 40.250.030(G).(2)    Commission Review. Alterations in appearance, replacement of historic material (other than in-kind), new construction or additions, alteration in the appearance of a significant contributing feature, the replacement of historic material (other than in-kind) in a significant feature, additions to a CCHR structure, or new construction on a CCHR property or in a historic district requires a Commission review for a certificate of appropriateness.(a)    The owner or the owner’s agent (architect, contractor, lessee, etc.) shall apply to the Commission for a certificate of appropriateness or, in the case of demolition, a waiver.(b)    Staff shall publish notice of the hearing for a certificate of appropriateness application in a newspaper of general circulation and post the property at least fifteen (15) days prior to the hearing. Staff shall also distribute the notice to:(i)    The applicant and the applicant’s representative;(ii)    The neighborhood association in which the property is located;(iii)    Property owners within a radius of three hundred (300) feet of the nominated property if the nominated property is inside the urban growth boundary or within a radius of five hundred (500) feet if the property is outside the urban growth boundary;(iv)    Agencies with jurisdiction; and(v)    To known interest groups and other people the responsible official believes may be affected by the proposed action or who request such notice in writing.(c)    The Commission shall hear, deliberate, and make a decision on the certificate of appropriateness at a public hearing. The Chair of the Commission determines when the public record closes, after which no additional evidence or arguments can be submitted.(d)    After the hearing, staff shall prepare the Commission’s decision in writing, which shall state the findings of fact and reasons relied upon in reaching its decision within fourteen (14) days of the close of the case record. (e)    If the owner agrees to the Commission’s decision, a certificate of appropriateness shall be awarded by the Commission according to standards established in its rules and procedures.(f)    The Commission’s recommendations and decision, and, if awarded, the certificate of appropriateness, shall be transmitted to the Building or Zoning Official. If a certificate of appropriateness is awarded, the Building or Zoning Official may then issue the permit.d.    Demolition. A waiver of certificate of appropriateness is required before a permit may be issued to allow whole or partial demolition of a designated CCHR property or in a CCHR historic district. Demolition is subject to review under the State Environmental Policy Act.(1)    The owner or the owner’s agent shall attend a pre-application conference with staff to review demolition or alternative plans. After the pre-application conference the applicant may apply to the Commission for a review of the proposed demolition and request a waiver.(2)    The application for the waiver shall provide a bona fide list of alternatives to demolition, which includes, but is not limited to:(a)    Economic analysis;(b)    Offers to lease, sell or dedicate site to a private, public or nonprofit entity, and outcome of the offer;(c)    Relocation of building, etc.(3)    The applicant shall meet with the Commission to review alternatives to demolition.(4)    Commission consideration of the alternatives to demolition shall last no longer than forty-five (45) days from the date of application, unless an extension of time is necessary. In no case shall a request for extension extend beyond an additional forty-five (45) days. If no request for an extension is made or no alternative to demolition has been agreed to, the Commission shall act and advise the official in charge of issuing a demolition permit of the approval or denial of the waiver of a certificate of appropriateness.(5)    When issuing a waiver, the Commission may require the owner to mitigate the loss of the CCHR property by means determined by the Commission at the public hearing. Mitigation may include, but is not limited to, an identification plaque, use of an architectural element in new construction, moving the building, and/or buffering of the historic or cultural resource.(6)    The Commission’s recommendations, decision and conditions of approval shall be transmitted to the responsible official. Any conditions in this review process shall become conditions of approval of the permits granted. After the property is demolished, the Commission may initiate removal of the property from the CCHR.4.    Violation. Violations of this section shall be grounds for the Commission to review the property for removal from the register and are subject to enforcement under Title 32. The property owner may also be subject to special valuation disqualification as stated in WAC 458-15-070 and Chapter 3.22.(Amended: Ord. 2009-07-01; Ord. 2009-10-19; Ord. 2018-08-04; Ord. 2019-11-06)G.    Appeals of the Historic Preservation Commission’s Decision. A final decision of the Historic Preservation Commission on a certificate of appropriateness or a nomination to the CCHR may be appealed only by a party of record, as that term is defined in this section. For properties located in the unincorporated area of Clark County, final decisions may be appealed only if, within twenty-one (21) calendar days after written notice of the decision is mailed, a written appeal is filed in the Superior Court of Clark County, pursuant to Chapter 36.70C RCW or applicable state law. For properties located in an incorporated city or town, an appeal of decisions by the Historic Preservation Commission is governed by the provisions of the jurisdiction’s code, or in the absence of an adopted code provision, is governed by this section, pursuant to Chapter 36.70C RCW or applicable state law.(Added: Ord. 2018-08-04; Amended: Ord. 2019-11-06)H.    Relationship to Zoning. Property designated to the CCHR shall be subject to the provisions set forth herein, as well as the bulk, use, setback, and other controls of the zoning district in which they are located. Nothing contained herein shall be construed to be repealing, modifying or waiving any zoning provisions.(Amended: Ord. 2009-07-01; Ord. 2009-10-19; Ord. 2018-08-04; Ord. 2019-11-06)I.    Review and Monitoring of Properties for Special Property Tax Valuation. This section implements the local option special valuation tax incentive program as established in Chapter 84.26 RCW.1.    Timelines.a.    Applications must be filed with the County Assessor’s office and shall be forwarded to the Commission by the Assessor within ten (10) days of filing.b.    For applications filed at least thirty (30) days prior to the next regularly scheduled meeting of the Commission, the case may be put on the agenda for that meeting. If there are not thirty (30) days, the case will be scheduled for the next regularly scheduled meeting of the Commission.c.    Applications shall be reviewed by the Commission before December 31st of the calendar year in which the application is made.d.    Commission decisions regarding the applications shall be certified in writing and filed with the Assessor within ten (10) days of the decision.2.    Procedure.a.    The applicant files an application for special valuation with the County Assessor’s office no later than October 1st preceding the tax assessment year in which they wish to apply. A fee is required as established in Title 6 and is payable to the Community Planning Department.b.    The Assessor forwards the application(s) to the Commission staff within ten (10) days of receipt of the completed application.c.    The Commission reviews the application(s), consistent with its rules and procedures, and determines if the application(s) are complete, and if the property meets the criteria set forth in WAC 254-20-070(1) and listed in Section 40.250.030(I)(3).(1)    If the Commission finds the property meets all the criteria, then it shall approve the application(s).(2)    If the Commission determines the property does not meet all the criteria, then it shall deny the application(s).d.    The Commission’s decision shall be made in writing and state the facts upon which the approvals or denial are based. Staff shall file copies of the decision with the County Assessor.e.    For approved applications:(1)    The Commission staff forwards copies of the agreements, applications and supporting documentation (as required by WAC 254-20-090(4) and identified in Sections 40.250.030(I)(3) and 40.250.030(I)(4)) to the County Assessor;(2)    The Commission staff forwards the signed agreement and application documents to the County Auditor for recording. The applicant shall be assessed fees for recording as prescribed by the County Auditor and other applicable Clark County Code sections;(3)    Notifies the Washington State Advisory Council that the property(ies) have been approved for special valuation; and(4)    Monitors the property for continued compliance with the agreements throughout the ten (10) year special valuation period. Monitoring may include an annual site visit by staff or Commission members.f.    The Commission determines in a manner consistent with its rules and procedures, whether or not property is disqualified from special valuation either because of:(1)    The owner’s failure to comply with the terms of the agreement; or(2)    Because of a loss of historic value resulting from physical changes to the building or site.g.    For disqualified property pursuant to RCW 84.26.080, the Commission shall notify the owner, Assessor, and Washington State Advisory Council in writing and state the facts supporting its findings.3.    Criteria.a.    Historic Property Criteria. The class of property eligible to apply for special valuation in Clark County shall mean all property listed on the National Register of Historic Places, CCHR or property certified as contributing to local and/or National Register Historic Districts which have been substantially rehabilitated at a cost and within a time period which meets the requirements set forth in Chapter 84.26 RCW.b.    Application Criteria. Complete applications shall consist of the following documentation:(1)    A legal description of the historic property;(2)    A copy of the nomination form to the National Register of Historic Places, CCHR for the subject property;(3)    Comprehensive exterior and interior photographs of the historic property before and after rehabilitation. Digital photographs must be clearly labeled to identify case, location, subjects and the direction the photograph was taken. Photographs shall include:(a)    Photos taken prior to construction;(b)    Historic photos or other source materials of replicated features; and(c)    A current streetscape;(4)    Architectural plans or other legible drawings depicting the completed rehabilitation work signed by the architect or draftsperson;(5)    Notarized affidavit(s):(a)    Attesting to the actual itemized cost of the rehabilitation work completed prior to the date of application; and(b)    Indicating rehabilitation work was completed within the twenty-four (24) month period of time prior to application for special valuation. Documentation of both must be made available to the Commission;(6)    Samples of utilized materials may be required by the Commission;(7)    Other information as required by staff or the Commission at a pre-application meeting.c.    Property Review Criteria. In its review, the Commission shall determine if the property meets all the following criteria:(1)    The property is listed on the Clark County Heritage Register and/or national registers;(2)    The property has been rehabilitated at a cost which meets the definition set forth in RCW 84.26.020(2) and identified in Section 40.250.030(I)(3) within twenty-four (24) months prior to the date of application; and(3)    The property has not been altered in any way which adversely affects those elements which qualify it as historically significant as determined by applying the Washington State Advisory Council’s Standards for the Rehabilitation and Maintenance of Historic Properties, WAC 254-20-100(1) and listed in the rules and procedures.d.    Rehabilitation and Maintenance Criteria. The Washington State Advisory Council’s Standards for the Rehabilitation and Maintenance of Historic Properties in WAC 254-20-100 shall be used by the Commission as minimum requirements for determining whether or not a historic property is eligible for special valuation and whether or not the property continues to be eligible for special valuation once it has been so classified.4.    Agreement. The historic preservation special valuation agreement in WAC 254-20-120 shall be used by the Commission as the minimum agreement necessary to comply with the requirements of RCW 84.26.050(2).5.    Appeals. Any decision of the Commission acting on any application for classification as historic property, eligible for special valuation, may be appealed to Superior Court under RCW 34.05.510 through 34.05.598 in addition to any other remedy of law. Any decision on the disqualification of historic property eligible for special valuation, or any other dispute, may be appealed to the County Board of Equalization.(Amended: Ord. 2006-05-01; Ord. 2009-07-01; Ord. 2009-10-19; Ord. 2018-08-04; Ord. 2019-11-06)J.    Interlocal Agreements.1.    Interlocal agreements may be established in accordance with Chapter 39.34 RCW between cities and the county for historic preservation services.2.    The Commission may act on behalf of an incorporated city within Clark County if an interlocal agreement for that purpose is in effect between the city and Clark County. The interlocal agreement must specify who has final decision-making power on nominations, designation, and/or certificate of appropriateness applications.(Amended: Ord. 2009-10-19; Ord. 2018-08-04; Ord. 2019-11-06)K.    Clark County Cultural Resources Inventory.1.    There are no regulatory requirements for property owners arising from inclusion on the inventory.2.    Application to the Inventory.a.    A property owner may make application to request listing on the inventory by completing an inventory survey form available from the Community Planning Department and submitting it to the Commission staff.b.    The county may conduct a historic and cultural resource survey and make application for listing on the inventory without property owner consent.3.    Listing on the Inventory.a.    New listings of properties or districts to the inventory are subject to review by the Community Planning Department. Consideration of listing shall be based upon development of a comprehensive inventory methodology which determines a rank order.b.    Properties which are demolished shall be maintained in the inventory records for historical research purposes.(Amended: Ord. 2006-05-01; Ord. 2009-07-01; Ord. 2009-10-19; Ord. 2018-08-04; Ord. 2019-11-06)

A.    Purpose.    A resort is a self-contained and fully integrated planned unit development in a setting of significant natural amenities with primary focus on destination resort facilities consisting of short-term visitor accommodations associated with a range of indoor and outdoor recreational facilities (RCW 36.70A.360). A resort may include other housing for full-time or seasonal employee residential uses within its boundaries, but only if the residential uses are integrated into and support the on-site recreational nature of the resort (RCW.36.70A.360). This district is intended to provide development guidelines for existing (RCW 36.70A.362) and new (RCW 36.70A.360) resort facilities that complement the natural and cultural attractiveness of the area without significant adverse effects on natural and environmental features. The district provides for recognition of existing, self-contained, indoor and outdoor recreational facilities that are outside of urban growth areas and in a rural or resource area setting of significant natural amenities. This district is intended to identify and protect existing general resort-like facilities.(Amended: Ord. 2016-06-12)B.    Applicability.    This section is applicable to the unincorporated portions of the county, excluding urban growth areas. The application of this district shall not result in any permanent residential uses or a predominance of commercial uses. When applied, such an overlay district does not change the existing, underlying zoning designation.C.    Uses.    The following uses are permitted in the area subject to this overlay district:1.    Lawful existing uses and structures in existence on July 1, 1990.2.    All uses specifically permitted or conditional in the base-zoning district shall continue to be allowed according to the review procedures consistent with this title.3.    Overnight lodging, including lodges, hotels, motels, timeshare units and similar temporary living accommodations only when oriented and sized to serve the recreational uses on the site.4.    Housing may be provided for full-time or seasonal employees.5.    Subject to an approved development plan, the following uses may be permitted when provided as part of, and intended primarily to serve as, an accessory part of destination resort. These uses shall be oriented to meet the needs of visitors to the resort and to a scale that ensures a subordinate status to the resort itself:a.    Restaurants, lounges and clubs serving the resort.b.    Commercial services and specialty shops to provide for the needs of resort guests and employees.c.    Kennels as a service for resort guests only.d.    Craft and art studios and galleries catering to guests of the resort.e.    Indoor and outdoor recreational facilities and uses including, but not limited to, accessory structures and facilities, such as clubhouses, practice facilities, and maintenance facilities, tennis courts, swimming pools, marinas, hiking and nature trails, bicycle paths, equestrian facilities, and other recreational uses deemed to be consistent with the on-site recreational nature of the resort.f.    Community sewer, water, security and fire protection may be provided on site and sized to meet only the needs of the development. Other utilities and services may be provided only to the extent necessary to maintain and operate the resort.g.    Temporary and/or permanent structures to serve as sales offices.h.    Any other similar uses deemed by the responsible official to be consistent with the purpose and intent of this chapter, the county comprehensive plan policies and RCW 36.70A.362.(Amended: Ord. 2016-06-12)D.    Standards.    The following standards apply to uses in the overlay district:1.    New and modified uses shall ensure that at least fifty percent (50%) of the site is dedicated to permanent open space, excluding yards, streets and parking areas.2.    Standards for development shall be subject to the design standards contained in Subtitle 40.3. In addition, changes to the existing resort shall be consistent with and scaled to service the needs of the resort. In addition, a site-specific proposal shall address other elements of the comprehensive plan policies including protection of critical areas and treatment of impacts to adjacent lands.E.    Approval.    A new resort overlay may be approved in an area outside of established urban growth boundaries provided it meets the following criteria:1.    Is not located in agricultural or forest resource land;2.    The location, design, and provision of necessary utilities does not allow for the development of new urban or suburban land uses in the immediate vicinity;3.    The proposed site includes unique natural amenities, such as views, streams, lakes or other features that provide a natural attraction for public use;4.    The proposed development provides public services appropriate for the resort use and is strictly contained within the boundaries of the resort property by design and construction;5.    The proposed site for the master planned resort is sufficient in size and configuration to provide for a full range of resort facilities while maintaining adequate separation from any adjacent rural or resource land uses;6.    Residential uses are designed for short-term or seasonal use. Full-time residential uses are prohibited, except for employee housing;7.    The major recreational facilities within the master planned resort must be open to the public and the overall facilities and recreational activities must promote tourism and the recreational goals of the comprehensive plan;8.    Each proposal includes a full inventory of critical wildlife habitat, significant wetlands, shorelines and floodplains, and cultural resources;9.    Significant natural and cultural features of the site are preserved and enhanced to the greatest degree possible;10.    Commercial uses and activities are limited in size to serve the customers within the master planned resort and located within the project; and11.    Adequate emergency services are available to the area to ensure the health and safety of people using or likely to use the facility.(Added: Ord. 2016-06-12)

A.    Purpose.    The Highway 99 overlay district (TC-1) is intended to implement the Highway 99 Sub-Area Plan. It provides for cohesive site planning and design standards to facilitate the transition of this area into a vibrant, transit-oriented, pedestrian-friendly community.B.    Applicability.    The provisions of this section shall be applied to parcels or groups of parcels located within the geographic area of the Highway 99 Sub-Area Plan shown in Figure 40.250.050-1 and as described in Chapter 2, Regulating Plans, in Appendix F.Figure 40.250.050-1C.    Standards.1.    The standards that shall apply to properties within the Highway 99 overlay district can be found in Appendix F.2.    Uses and land divisions for the site known as the 78th Street Property (tax lot No. 148084000) are found in the Clark County 78th Street Master Plan, which is adopted by reference. The 78th Street Property is located within the 78th Street Property Master Plan Area and development of the 78th Street Property shall comply with the standards found in Appendix F.(Amended: Ord. 2008-12-15; Ord. 2009-12-16)

A.    Purpose.    The Mill Creek overlay district (MC) is intended to implement the Mill Creek Sub-Area Plan. It provides for special provisions to be applied to developments within the overlay district boundary. B.    Applicability.    The provisions of this section shall apply to parcels within the geographic area of the Mill Creek Sub-Area Plan shown in Figure 40.250.060-1.Figure 40.250.060-1C.    Standards.The following additional standards apply in the overlay district:1.    New lots created adjacent to urban subdivision lots existing at the time of the adoption of the Mill Creek Overlay District shall meet or exceed the average lot size of the abutting subdivision lots unless there are at least two hundred (200) feet of open space between the existing and proposed lots. 2.    Prior to approval of any development that would add traffic to NE 37th Avenue, additional access via a public road connection to NE 40th Avenue or NE 174th Street must be assured.3.    A minimum lot size of nine thousand (9,000) square feet is required for all land divisions in the R1-10 and R1-20 districts proposing to develop under the density transfer provisions of Section 40.220.010(C)(5), or the planned unit development provisions of Section 40.520.080. The exceptions to lot sizes in Section 40.200.050 shall still apply.(Amended: Ord. 2009-06-16; Ord. 2009-12-01)

A.    Purpose.     The purpose of the railroad overlay district (RR) is to allow the development of land uses that require and can take advantage of rail access.B.    Uses.     The uses set out in Table 40.250.070-1 are examples of uses allowable in the railroad overlay district. The appropriate review authority is mandatory.•    “P” – Uses allowed subject to approval of applicable permits.•    “C” – Conditional uses which may be permitted, subject to the approval of a Conditional Use Permit as set forth in Section 40.520.030.•    “X” – Uses specifically prohibited. C.    Development Standards. 1.    New lots and structures and additions to structures subject to this section shall comply with the applicable standards for lots, building height, setbacks and building separation in Table 40.250.070-2, subject to the provisions of Chapter 40.200 and Section 40.550.020. Site plan review is required for all new development and modifications to existing permitted development unless expressly exempted by this title (see Section 40.520.040). 1 Additional setbacks and/or landscape requirements may apply, particularly abutting residential uses or zones. See Section 40.320.010. All utility or tower facilities shall be set back twenty (20) feet from all property lines, and provide additional landscaping, as required in Table 40.320.010-1. See Section 40.260.250 for requirements for wireless communications facilities.2 May be zero (0) feet for any side facing tracks.2.    Signs. Signs shall be permitted according to the provisions of Chapter 40.310. 3.    Off-street parking and loading. Off-street parking and loading shall be provided as required in Chapter 40.340. 4.    Landscaping. Landscaping and buffers shall be provided as required in Table 40.230.080-2 and Chapter 40.320. D.    Performance Standards.     No land or structure shall be used or occupied within this district unless there is continuing compliance with the minimum performance standards pursuant to Section 40.230.085(E).(Amended: Ord. 2010-12-12; Ord. 2012-12-14)

A.    Purpose.    The rural center mixed use overlay district is intended to provide the opportunity for a limited number of residential lots within rural centers to develop with a mix of retail, service, office, and residential uses. Maintaining the rural character of rural centers is the paramount goal when considering mixed use development.B.    Applicability.1.    This section shall apply only to:a.    Parcels in rural centers with a mixed use overlay designation; and b.    Applications proposing a mixed use development on such parcels. 2.    Where the requirements of this section conflict with other regulations, the more stringent regulations shall apply. C.    Uses.1.    Residential and commercial uses that are permitted or conditional in RC-1, RC-2.5, and CR-2 districts (Tables 40.210.030-1 and 40.210.050-1) are permitted or conditional in this overlay district. D.    Development Standards.1.    Mixed use development shall require a residence on the parcel.2.    A maximum of fifty percent (50%) of the total combined structure floor area may be commercial. This percentage shall be calculated based on the square footage devoted to each type of use. 3.    All ground floor units intended for commercial use shall have a minimum structural ceiling height of ten (10) feet.4.    Development shall meet the standards of Table 40.210.030-3 for setbacks and Table 40.320.010-1 for landscaping.5.    Signs. Signs shall be permitted according to the provisions of Chapter 40.310.6.    Mixed uses on nonconforming lots (size) shall be contained within a single structure. 7.    Open Storage. Open storage is prohibited unless allowed by conditional use. Long-term business vehicle parking within parking lots shall not be construed to be open storage.8.    Parking and Loading. Off-street parking and loading shall be provided in accordance with Chapter 40.340.E.    Approval Process.1.    Site plan review is required pursuant to Section 40.520.040 and Table 40.510.050-1. 2.    Applications shall be processed using a Type II process, unless a conditional use permit is required.(Added: Ord. 2011-03-09)    Code reviser’s note: Ordinance 2011-03-09 adds this section as Section 40.250.070. It has been editorially renumbered to avoid duplication of numbering.

A.    Purpose.     This overlay is intended to promote equestrian activities, by allowing the development of communities with a focus on equestrian facilities, access to trails, and on sustaining the area’s rich equestrian tradition.B.    Applicability.    An equestrian overlay (EQ) may only be established on parcels located outside of the urban growth boundary. Ideally, an equestrian overlay will be located on lands primarily adjacent to or in close proximity to existing and future open space and trail systems, in particular, open space and trails which support equestrian uses; and lands adjacent to or in close proximity to rural centers.     This overlay will apply to property owners who voluntarily agree to ensure that equestrian activities may continue on their land through the formation of an association with adopted bylaws, conditions, covenants and restrictions and/or easements running with the land. C.    Uses.    The following uses are permitted in the overlay:1.    All uses specifically permitted or conditional in the base zoning district shall continue to be allowed according to the review procedures consistent with the Unified Development Code. 2.    Equines to be housed on a property for the landowner’s private use.D.    Process.    Establishing the EQ requires a comprehensive plan map amendment subject to the provisions of Section 40.560.010(D).E.    Submittal Requirements.    Comprehensive Plan Map Amendment. In addition to the submittal requirements in Section 40.560.010(D)(3) the following are required:1.    Location of all equestrian trails and easements related to the equestrian trails;2.    Location of all land to be dedicated or reserved for shared use with the use indicated; 3.    Include location of equestrian community signs, as well as location of those signs at the entrances of the equestrian area; 4.    Location of any easements or crossings that may cross any right-of-way; 5.    A copy of any bylaws, articles of incorporation of the association, easements, maintenance agreements and any covenants. Prior to recording with the County Auditor, any conditions, covenants and restrictions shall be approved as to form by the Prosecuting Attorney.6.    An equestrian plan that addresses the following:a.    Housing and confinement; b.    Animal husbandry; c.    Manure management; andd.    Odor and noise management.(Added: Ord. 2016-06-12)

A.    Purpose.    Urban reserve lands are identified as being possible future additions to urban growth areas and may only be changed during the comprehensive plan update process. These lands are outside of but adjacent to urban growth boundaries. The purpose of the urban reserve overlay is to protect areas from premature land division and development that would preclude efficient transition to urban development. The urban reserve overlay is implemented by Urban Reserve-10 (UR-10) and Urban Reserve-20 (UR-20).1.    Urban Reserve-10 (UR-10). The Urban Reserve-10 overlay protects identified land adjacent to urban growth boundaries from premature land division and development that would preclude efficient transition to urban development.2.    Urban Reserve-20 (UR-20). The Urban Reserve-20 overlay protects identified land adjacent to urban growth boundaries from premature land division and development that would preclude efficient transition to large-scale nonresidential development.B.    Uses.1.    The uses allowed in the underlying district are allowed in the urban reserve overlay.2.    In addition to the criteria in Section 40.520.030, in order to be approved, the following criteria shall be met by all conditional uses:a.    Permanent structures or facilities shall be designed and located to provide for the orderly extension of public roads, water and sewer to the site and surrounding urban reserve properties.b.    All necessary road, drainage and other rights-of-way or easements necessary to ensure that future urban development will occur in an orderly manner shall be identified and approved by the county engineer and dedicated or otherwise protected.c.    The property owner shall submit with the conditional use application a signed agreement(s) between the property owner and the service provider(s) that obliges the property owner to connect to public sewer and water when each becomes available within three hundred (300) feet of the site. The agreements must be consistent with Section 40.370.010.3.    In addition to the criteria in Section 40.520.030, in order to be approved, the following criteria shall be met by all schools:a.    The proponent shall demonstrate that the proposed site is more suitable than specific alternative sites within the existing urban growth area. The proponent shall address suitability criteria, which includes property size, topography, zoning, surrounding land uses, transportation (including adequacy of roads and transit services), environmental concerns and location within the area to be served.b.    Schools shall be located within one-quarter (1/4) mile of the urban growth boundary unless the applicant demonstrates no suitable property is available.C.    Development Standards.1.    New lots and structures and additions to structures subject to this section shall comply with the applicable standards for building height and setbacks in the underlying zoning districts, subject to the provisions of Chapter 40.200 and Section 40.550.020.2.    Signs. Signs shall be permitted according to the provisions of Chapter 40.310.3.    Off-Street Parking. Off-street parking shall be provided as required in Chapter 40.340.(Amended: Ord. 2016-06-12; Ord. 2016-09-04; Ord. 2017-07-04)

A.    Purpose.    The urban holding overlay is used to protect areas from premature land division and development that would preclude efficient transition to urban development or large-scale industrial development. 1.    The Urban Holding-10 overlay (UH-10) may be applied to protect certain lands identified within urban growth areas from premature development when public policy establishes urbanization criteria such as requiring annexation prior to development. The Urban Holding-10 district is also appropriate where public facilities are inadequate to support development under the urban zoning designation. 2.    The Urban Holding-20 overlay (UH-20) has the same purpose as UH-10 except that the area is intended to be developed for industrial or office type nonresidential uses and retention in larger lots will ensure the site is adequate in size to accommodate large industrial or office developments.(Amended: Ord. 2018-01-09; Ord. 2019-07-01; Ord. 2020-03-08; Ord. 2025-07-01)B.    Uses.    The uses set out in Table 40.250.110-1 are examples of uses allowable in various areas under the urban holding overlay. The appropriate review authority is mandatory.•    “P” – Permitted uses.•    “R/A” – Uses permitted upon review and approval as set forth in Section 40.520.020.•    “C” – Conditional uses which may be permitted subject to the approval of a conditional use permit as set forth in Section 40.520.030 and the additional conditional use criteria herein:1.    Permanent structures or facilities shall be designed and located to provide for the orderly extension of public roads, water and sewer to the site and surrounding properties.2.    All urban road, drainage and other urban development requirements shall apply to ensure that future urban development will occur in an orderly manner.3.    The property owner shall submit with the conditional use application a signed agreement(s) between the property owner and the service provider(s) that obliges the property owner to connect to public sewer and water when each becomes available within three hundred (300) feet of the site. The agreements must be consistent with Section 40.370.010.•    “X” – Uses specifically prohibited.    Where there are special use standards or restrictions for a listed use, the applicable code section(s) in Chapter 40.260, Special Uses and Standards, or other applicable chapter is noted in the “Special Standards” column.1 Including fire stations, ambulance dispatch facilities and storage yards, warehouses, or similar uses.2 Commercial uses supporting agricultural and forestry resource uses, such as packing, first stage processing and processing which provides value added to resource products.3 See Table 40.260.250-1.4 Allowed only for properties with a base zone of IL.5 Outdoor storage is subject to the provisions of Section 40.230.085(E)(5).6 Once a property has been developed as a public facility, a docket is required to change the comprehensive plan designation from the current zone to the Public Facilities zone.(Amended: Ord. 2018-01-09; Ord. 2019-07-01; Ord. 2020-03-08; Ord. 2023-11-28; Ord. 2025-07-01)C.    Development Standards.1.    New lots and structures and additions to structures subject to this section shall comply with the applicable standards for lots and building height, and setbacks in Tables 40.250.110-2 and 40.250.110-3, subject to the provisions of Chapter 40.200 and Section 40.550.020. Site plan review is required for all new development and modifications to existing permitted development unless expressly exempted by this title (see Section 40.520.040).1 Utilities, structures and uses including but not limited to utility substations, pump stations, wells, watershed intake facilities, gas and water transmission lines and telecommunication facilities may be permitted on newly approved lots of less than the minimum parcel size.2 Unless a greater width shall be required by the Clark County fire code.1 Side Setback. Minimum side setback on each side of the residential dwelling and incidental buildings shall be twenty (20) feet unless fire regulations require a greater setback, and fifty (50) feet for accessory buildings used for agricultural purposes. Side setbacks from abutting property zoned agricultural or forestry shall be a minimum of fifty (50) feet for all structures. Side setbacks from abutting property zoned for surface mining uses shall be one hundred fifty (150) feet, unless a lesser setback is approved per Section 40.250.022(D)(2)(b).2 Rear Setback. Minimum rear setback for all structures when the abutting property is not zoned for natural resource or surface mining uses is twenty (20) feet unless fire regulations require a greater setback. Minimum rear setback for all structures shall be fifty (50) feet when abutting property is zoned for natural re- source uses. Rear setbacks from abutting property zoned for surface mining uses shall be a minimum of one hundred fifty (150) feet for all structures, unless a lesser setback is approved per Section 40.250.022(D)(2)(b).3 Residential buildings only.4 Nonconforming lots subject to the provisions of Section 40.530.010(D)(2).2.    Nonconforming Lots – Lot Reconfiguration Standards.a.    Purpose. It is in the public interest to allow a greater degree of flexibility in the adjustment of lots to enable a more efficient transition to greater urban density or large scale development.b.    Lot Reconfiguration. Substandard lots may be modified where consistent with the following criteria. Parcels which meet all of the following criteria are eligible for reconfiguration and reduction in size subject to a Type II review if:(1)    Existing parcel(s) are:(a)    Smaller than the minimum lot size established for new lots in the applicable zoning district. Parcels which meet the minimum lot size may be adjusted as a part of this process, but may not be decreased below the established minimum lot size;(b)    Determined to be legally created, have lawful access, and be buildable.(2)    Proposed parcel(s) result in the following:(a)    No additional parcels;(b)    Have septic suitability approval;(c)    Have adequate public or private potable water at the time of occupancy;(d)    Each resulting legal nonconforming parcel shall be at least one (1) acre in size with a minimum width of at least one hundred forty (140) feet; and(e)    Meets the intent of subsection (C)(2)(a) of this section.c.    Lot Requirements. The setback, dimensional, use and height standards for these lots shall be as established for the Rural 5 zone except that reductions in side and rear setbacks shall be granted where necessary to permit construction of a dwelling on the parcel, according to the provisions of Sections 40.200.070 and 40.530.010(D)(2); provided, when the parcel is abutting, or surrounded by, property zoned for resource uses, the minimum setback from those property lines shall be fifty (50) feet for all structures.3.    Signs. Signs shall be permitted according to the provisions of Chapter 40.310.4.    Off-Street Parking. Off-street parking shall be provided as required in Chapter 40.340.(Amended: Ord. 2016-06-12; 2016-09-04; Ord. 2018-01-09; Ord. 2025-07-01)

A.    A greenhouse or hothouse may be maintained accessory to a dwelling; provided, there are no sales.B.    A guesthouse may be maintained accessory to a dwelling, unless otherwise limited by the zoning district.C.    In districts where single-family residential uses are permitted outright, one freestanding garage may be constructed in advance of the construction of the intended principal residence; provided, that:1.    Building permits have been issued for both the principal residence and the accessory garage;2.    The garage structure does not contain any habitable floors per Section 40.100.070 of this title;3.    A covenant shall be recorded in a form approved by the Prosecuting Attorney restricting the use of the accessory structure as follows until such time as the principal residence is constructed and occupied:a.    The garage is used only by the property owner, not leased to others nor used for sales.b.    Storage is limited to household items, or household equipment and materials being actively used in the construction of the principal residence.D.    The height of detached accessory buildings, including garages, greenhouses, guesthouses and similar structures, shall be regulated as follows:1.    In areas zoned R1-20, R1-10, R1-7.5, R1-6 and R1-5:a.    On lots less than or equal to twenty thousand (20,000) square feet in area, no accessory building shall exceed eighteen (18) feet in height.b.    On lots larger than twenty thousand (20,000) square feet in area, no accessory building shall exceed thirty-five (35) feet in height.2.    In all other zoning districts, nonagricultural accessory buildings shall not exceed the maximum height limitation for the particular zoning district.3.    Agricultural buildings over thirty-five (35) feet in height shall maintain a minimum fifty (50) foot setback from all property lines per Section 40.200.060.(Amended: Ord. 2011-08-08)E.    In the R1-5, R1-6, R1-7.5, R1-10 and R1-20 zoning districts, garden sheds, gazebos and play houses may be permitted in side or rear setbacks in the single-family residential zones subject to the provisions of Section 40.200.070(A)(4).F.    Three (3) or more dismantled, obsolete or inoperable motor vehicles on one (1) lot shall constitute an automotive recyclable materials facility as defined by this title and shall not be considered an accessory use.(Amended: Ord. 2006-05-01; Ord. 2007-06-05)

A.    Purpose.    The purpose of this section is to:1.    Provide additional smaller, subordinate dwelling units on a lot with, or in, an existing or new single-family detached dwelling.2.    Provide for a greater range of choices of housing types in residential districts that contribute to the character of the residential neighborhood.(Amended: Ord. 2024-03-02; Ord. 2025-07-01)B.    Applicability.1.    Accessory dwelling units may be allowed in any district within the urban growth area that allows for single-family homes on any lot developed with an existing or planned single-family detached dwelling, duplex, triplex, townhome, or other housing unit, subject to the requirements of this section.2.    A lot of record lawfully occupied by two (2) or more single-family detached dwellings per Section 40.200.050 does not qualify for an ADU, unless the lot is short platted under Chapter 40.540. If a short plat is approved, an ADU for each dwelling unit is permitted only if all dimensional standards of the underlying zone and all other provisions of this section are met.(Amended: Ord. 2024-03-02; Ord. 2025-07-01)C.    Development Standards.1.    Up to two (2) ADUs per legal lot are permitted and they must be accessory to a single-family detached dwelling. All of the following ADU types, in any combination, are permitted:a.    Internal conversion within an existing dwelling;b.    The addition of new square footage to the existing house or to a garage;c.    Conversion of an existing garage, including existing garages within nonconforming setbacks; provided, that the nonconformity predated April 26, 2024, and the portion of the ADU within the setback does not increase the height of the existing garage;d.    Inclusion in the development plans for, or as part of, the construction of a new single-family detached dwelling unit; ore.    One (1) or two (2) separate detached structures.f.    Subject to the requirements of this section, a manufactured or modular home can be considered an ADU for the purposes of this subsection.2.    An ADU shall conform to the standards of the zone, including but not limited to lot coverage and setbacks.3.    Building height of an ADU shall meet the height requirements of the zone.4.    Allowable Size.a.    The total gross floor area of an ADU shall not exceed one thousand (1,000) square feet. Notwithstanding the definition of “gross floor area” in Section 40.100.070, “gross floor area” of an ADU means the interior habitable area including basements and attics but not including a garage or accessory structure.b.    On lots that are at least twenty thousand (20,000) square feet, the maximum square footage of an ADU may be increased up to one thousand five hundred (1,500) square feet; however, the combined maximum square footage of two (2) ADUs shall not exceed two thousand (2,000) square feet.c.    The total floor area of a basement of the primary dwelling may be used as the ADU exceeding one thousand (1,000) square feet; provided, that there is a separate exterior entrance and the basement area does not exceed the size of the primary dwelling unit.d.    The minimum area of an ADU shall be one hundred fifty (150) square feet.5.    Parking. No parking is required for the ADU.6.    An ADU shall connect to public sewer and water unless a sewer waiver is obtained under Section 40.370.010.7.    ADUs shall be subject to a seventy-five percent (75%) reduction in school, transportation and park impact fees from the rate imposed for multifamily dwelling units.(Amended: Ord. 2024-03-02; Ord. 2025-07-01)D.    Design Standards for Historic Structures.    If an ADU is on the same lot as or within a historic structure which has been designated on the national, state or local historic register, the following design guidelines are applicable:1.    Exterior materials should be of the same type, size and placement as those of the primary dwelling structure.2.    Trim on edges of elements of accessory structures and additions should be the same as those of the primary structure in type, size and placement.3.    Windows in any elevation which faces a street should match those in the primary structure in proportion, i.e., same height, width and orientation (horizontal or vertical).4.    Pediments and Dormers. Each accessory dwelling unit over twenty (20) feet in height should have either a roof pediment or dormer if one (1) or the other of these architectural features is present on the primary dwelling.(Amended: Ord. 2024-03-02; Ord. 2025-07-01)E.    Process.1.    Accessory dwelling units are exempt from site plan review under Section 40.520.040.2.    Building permits are required to ensure compliance with applicable fire, health, and safety codes.(Amended: Ord. 2010-08-06; Ord. 2018-01-17; Ord. 2024-03-02; Ord. 2025-07-01)

A.    Purpose.    The purpose of this section is to provide an additional smaller, subordinate dwelling unit attached to or in an existing or new house. RADUs are intended to provide for a greater range of choices of housing types in rural and resource lands while maintaining rural community character and ensuring the conservation, enhancement and protection of resource lands.(Amended: Ord. 2024-03-01)B.    Applicability.1.    Rural accessory dwelling units may be allowed in the RC-1, RC-2.5, R-5, R-10, R-20, AG-20, FR-40, FR-80 and AG-WL zones, on lots of record that are either already developed with a single-family dwelling, or that will be developed with a dwelling that includes the primary dwelling unit and the RADU, subject to the requirements of this section.2.    A lot of record lawfully occupied by two (2) or more single-family residences per Section 40.200.050 does not qualify for a RADU.3.    A RADU shall not be located in a dwelling or on a lot where a Type II home business is operating.(Amended: Ord. 2024-03-01)C.    Development Standards.1.    No more than one (1) RADU per legal lot is permitted and it must be accessory to a single-family residence.2.    RADUs shall comply with applicable fire, health, and safety codes.3.    A RADU may be created through:a.    Internal conversion of space within an existing dwelling;b.    The addition of new square footage to the existing house, subject to the requirements of the Clark County Code;c.    Conversion of an existing garage that is attached to a single-family dwelling; ord.    Inclusion in the development plans for, or as part of, the construction of a new single-family detached dwelling unit.4.    The dwelling unit that includes the primary unit and the RADU together shall conform to the standards of the zone, including but not limited to lot coverage and setbacks.5.    Building height shall meet the height requirements of the zone.6.    Allowable Size.a.    Subject to Section 40.260.022(C)(6)(c), and except as allowed under Section 40.260.022(C)(6)(b), the total floor area of an RADU shall not exceed one thousand five hundred (1,500) square feet. “Total floor area” of an RADU means the total interior area, including nonhabitable space but excluding garages.b.    The total floor area of the dwelling’s basement may be used as the RADU, provided there is a separate exterior entrance, and the basement area does not exceed the size of the primary dwelling unit.c.    The minimum total floor area of an RADU shall not be less than one hundred fifty (150) square feet.7.    Parking.    One (1) parking space shall be provided on site for the RADU.8.    RADUs shall be subject to a seventy-five percent (75%) reduction in school and transportation impact fees from the rate imposed for multifamily dwelling units.(Amended: Ord. 2024-03-01)D.    Design Standards.1.    New entrances for an RADU created by internal conversion or by an addition to an existing primary dwelling shall be located on the side or rear of the RADU unless it can be demonstrated that no feasible alternative exists.2.    Historic Structures.     If a RADU is within a historic structure which has been designated on the national, state or local historic register, the following design guidelines are applicable:a.    Exterior materials should be of the same type, size and placement as those of the primary dwelling structure.b.    Trim on edges of elements of accessory structures and additions should be the same as those of the primary structure in type, size and placement.c.    Windows in any elevation which faces a street should match those in the primary structure in proportion, i.e., same height, width and orientation (horizontal or vertical).d.    Pediments and Dormers.    Each accessory dwelling unit should have either a roof pediment or dormer if either one (1) of these architectural features is present on the primary dwelling.3.    Accessibility.    To encourage the development of ADA-accessible housing units, the responsible official may allow reasonable deviation from the requirements of this section for features that facilitate accessibility. (Added: Ord. 2018-01-17; Amended: Ord. 2024-03-01)

A.    Purpose.1.     Encourage activities that support, promote, sustain and enhance agricultural operations and production.2.    Support the commercial viability of small-farm operations by allowing farmers entry into direct marketing of their farm products.3.    Differentiate between roadside farm stands and agricultural markets.4.    Increase residents’ access to locally grown agricultural products.5.    Promote the continued use of agricultural lands by allowing farm operations to generate supplemental income through activities that are compatible with the continued use of land for agricultural production.B.    Applicability.1.    Provisions of this section apply to roadside farm stands and agricultural markets, as defined in Section 40.100.070; provided, however, that existing agricultural markets/stands not legally established will be hereinafter forgiven.2.    Living history farms listed on the Clark County Heritage Register are exempt from these regulations.C.    Roadside farm stands which meet the following standards are exempt from land use review by the county:1.    General Requirements.a.     Sales are limited to agricultural products grown on the site and other farm operations in the local agricultural area.b.    Operator of roadside farm stand must obtain permission from owner of the property upon which the stand will be located.c.    Compliance with Chapter 40.386 (Stormwater and Erosion Control) and Chapter 13.26A; Subtitle 40.4 (Critical Areas and Shorelines); and Titles 14 (Buildings and Structures), 15 (Fire Prevention), and 24 (Public Health) is required, if applicable. No building permit is required.d.    One (1) farm stand is allowed for each legal lot of record owned or leased by the stand operator. A maximum of three (3) stands may be combined at one (1) central location provided the cumulative requirements in Sections 40.260.025(C)(2), (4) and (6) are met.2.    Parking.a.    Off-street parking for at least two (2) vehicles shall be provided on the parcel upon which the farm stand is located. Compliance with Chapter 40.340 is not required.b.    On-street parking is allowed only when the adjacent road, street or highway includes a parking lane.3.    Access. Ingress and egress to roadside farm stands obtaining access from a public road must be from an existing driveway unless a road approach permit is obtained.4.    Size. The maximum display and sales area allowed for roadside farm stands is one thousand (1,000) square feet.5.    Setbacks. Minimum setbacks for structures or sales display areas shall be twenty (20) feet from any property line, public right-of-way or private access easement, if applicable.6.    Signage.a.    Off-premises signs are allowed provided permission is obtained from owner of the property upon which the sign will be located;b.    Signs associated with roadside stands shall not be illuminated or create a hazard to traffic;c.    Any sign associated with a roadside farm stand shall not exceed eight (8) feet in height unless a building permit is obtained; andd.    Sign permits are not required for signs associated with roadside farm stands.7.     Sales.a.    The sale of incidental retail items shall be supplemental but subordinate to the principal use of the stand in support of ongoing commercial agricultural operations.b.    Food service is permitted subject to the requirements of Section 40.260.245(D)(3).(Amended: Ord. 2015-11-24)D.    Agricultural markets are allowed subject to the following standards:1.     General Requirements.a.    The market shall be operated by owner(s) or lessee of property upon which the market is located.b.    The parcel upon which the market is located shall be actively managed for agricultural production, or the parcel owner owns or leases other local parcels currently in agricultural production.c.    Compliance with Chapter 40.386 (Stormwater and Erosion Control) and Chapter 13.26A; Subtitle 40.4 (Critical Areas and Shorelines); and Titles 14 (Buildings and Structures), 15 (Fire Prevention) and 24 (Public Health) is required.d.    An agricultural market shall cease operation when the parcel upon which it is located is developed, is no longer in agricultural production, or the parcel owner no longer owns or leases other local parcels that are in agricultural production.2.    Sales.a.    A majority of fresh and value-added farm products sold shall be grown or produced on the market owner’s farm operation, or on other farms in the local agricultural area. As used in this section, “value-added farm products” include jams, syrups, apple cider, animal products, and other similar items that have been processed and converted into another product.b.    The sale of incidental retail items shall be subordinate and supplemental to principal use of the market in support of ongoing commercial agricultural operations.c.    Agritourism activities promoting the sale of farm crops are allowed provided they are supplemental to and compatible with continued use of the property for agricultural production. These activities may include, but are not limited to, corn mazes, pumpkin patches, farm animal viewing and petting, wagon rides, farm tours, harvest festivals, hayrides, educational activities and tours, and other agriculturally related similar experiences.d.    Food service is permitted subject to the requirements of Section 40.260.245(D)(3).3.    Parking.a.    With exception of the paved parking requirement set forth in Section 40.340.010(A)(8), agricultural markets shall comply with off-street parking standards set forth in Section 40.340.010.b.    On-street parking is prohibited.4.    Driveways.a.    Driveways to the property shall have a minimum twenty-four (24) foot wide approach from a public or private road.b.    Where connecting to a paved street, whether public or private, a driveway in urban areas shall be paved twenty-five (25) feet back from the nearest edge of the traveled lane. Driveways in rural areas shall be paved twenty (20) feet from the nearest edge.5.    Private Road. Agricultural markets located on a private road shall mitigate for impacts to the road created by the market. Evidence of mitigation may be demonstrated through a neighbors’ agreement provided at time of application. For purposes of the agreement, “neighbors” shall include a majority of all who are entitled to use the private road. Impacts to be addressed include but are not limited to dust, smoke, lighting, noise, trip generation and road maintenance.6.    Building Size. The maximum cumulative building area that may be used for sales and display of product in an agricultural market is as follows: 7.    Setbacks. Buildings used as an agricultural market shall be set back twenty (20) feet from any front property line, public right-of-way or private access easement. Side and rear setbacks shall be those of the zone district in which the market is located.8.    Noise. Activities associated with agricultural markets shall comply with the environmental noise levels established in Chapter 173-60 WAC.9.    Lighting. All lighting associated with the market shall be consistent with RCW 47.36.180 on public roadways, and shall not cast significant light or glare off site on adjacent properties.10.    Signage.a.    Off-premises signs are allowed provided permission is obtained from owner of the property upon which the sign will be located.b.    Signs associated with agricultural markets shall not be illuminated or create a hazard to traffic.c.    Sign permits are not required for signs associated with agricultural markets. Building permits are required for signs exceeding eight (8) feet in height.11.    Approval Process. Prior to commencing operation, an agricultural market shall first obtain a permit.a.    Submittal Requirements.(1)    An accurate drawing which shows location of property lines, size and type of structure containing the agricultural market, setbacks of the structure, off-street parking areas and driveways.(2)    Size and location of properties, both owned and leased, that are actively farmed by the market operator.(3)    For any off-premises sign, documentation showing that permission has been obtained from owner of the property upon which the sign will be located.(4)    A completed agreement signed by property owner(s) of record agreeing to comply with agricultural market requirements.(5)    A management plan addressing issues in Sections 5.32.040(8) and (11) if agritourism activities that exceed five hundred (500) attendees at any given time to promote the sale of farm crops are being proposed.(6)    Payment of the applicable fee.b.    An agricultural market is subject to a Type I review process if:(1)    The market takes access from a public road; or(2)    The market takes access from a private road and the neighbors’ agreement in Section 40.260.025(D)(5) is submitted with the application.c.    An agricultural market shall be subject to review under a Type II process if the market takes access from a private road and the neighbors’ agreement in Section 40.260.025(D)(5) is not submitted with the application.(Amended: Ord. 2012-06-02; Ord. 2015-11-24)

A.    In the R1-5, R1-6, R1-7.5, R1-10, R1-20, R-12, R-18, R-22, R-30, R-43, OR-15, OR-18, OR-22, OR-30, OR-43, R-5, R-10, R-20, FR-80, FR-40, AG-20 and AG-WL districts, an ambulance dispatch facility may be permitted upon issuance of a conditional use permit; provided, that the site has a minimum lot size of ten thousand (10,000) square feet in the urban area and should be on a street designated as an arterial on the county’s comprehensive plan.B.    Properties will develop per the standards of the current zone.C.    Once a property has been developed as a public facility, a docket is required to change the comprehensive plan designation from the current zone to the Public Facilities zone.(Amended: Ord. 2016-06-12; Ord. 2017-07-04)

FACILITIES, ANIMAL DAY USE FACILITIES, AND EQUESTRIAN FACILITIESA.    Where permitted, animal feed yards, animal sales yards, animal boarding facilities, animal day use facilities, and equestrian facilities shall meet the following requirements:1.    Such facilities shall comply with site plan review requirements;2.    Structures for animal feed yards and animal sales yards shall be located not less than two hundred (200) feet from any property line; and3.    Odor, dust, noise and drainage shall not constitute a nuisance, hazard or health problem to abutting property or uses.     Animal boarding facilities shall comply with the noise standards in Chapter 173-60 WAC. All animals are to be housed within an enclosed soundproof structure between the hours of 10:00 p.m. and 7:00 a.m.B.    Animal day use facilities shall comply with the noise standards in Chapter 173-60 WAC.(Amended: Ord. 2007-06-05; Ord. 2011-03-09; Ord. 2012-02-03)

A.    Purpose.    This section provides standards for the establishment of bed and breakfast facilities. The regulations are intended to allow for a more efficient use of large, older houses for a purpose which has been found to be compatible with residential uses. These regulations enable owners to protect and maintain large residential structures in a manner which keeps them primarily in residential uses. The proprietor can take advantage of the scale and often the architectural and historical significance of a residence. The regulations also provide an alternative form of lodging for visitors who prefer a residential setting.(Amended: Ord. 2017-07-04)B.    Use-Related Regulations.1.    A bed and breakfast establishment must be accessory to a household living on the site. This means that an individual or family who operates the establishment must own and occupy the house as their primary residence. The house must have been used as a residence for at least a total of five (5) years prior to filing the application for a bed and breakfast establishment.2.    Banquets, parties, weddings or meetings for guests or other non-family members are prohibited. Services may only be provided to overnight patrons of the facility.3.    Establishments containing three (3) to six (6) bedrooms for guests must meet the Department of Social and Health Services (DSHS) bed and breakfast guidelines administered by DSHS.4.    Bed and breakfast establishments are only allowed on resource lands (FR-80, FR-40, AG-20, and AG-WL) when they do not diminish the primary use of the land for long-term commercial production of agriculture or forest products and other natural resources.(Amended: Ord. 2004-06-10; Ord. 2010-08-06; Ord. 2016-06-12; Ord. 2017-07-04)C.    Site-Related Standards.1.    Appearance. Residential structures may be remodeled for the development of bed and breakfast establishments, but not enlarged except for minor expansions to accommodate additional kitchen or bathroom needs. Internal structural alterations or minor expansions may not be made which prevent the structure being used as a home in the future.2.    Parking. A minimum of two (2) off-street parking spaces, plus one (1) off-street parking space for each bedroom to be rented, are required. Any additional parking needed to accommodate the use shall be screened from abutting property by a minimum five (5) foot tall solid fence or hedge. Hedge shall be installed immediately and provide a six (6) foot solid screen within one (1) year of approval.3.    Signs. Signs shall conform to Chapter 40.310, including obtaining a sign permit pursuant to Section 40.310.010(E).(Amended: Ord. 2010-08-06)D.    Approval Process.    Bed and breakfast establishments may be permitted in all zoning districts except IL and IH. Applications for bed and breakfasts shall be reviewed as follows:1.    For renting of up to two (2) bedrooms, a Type I process will be used. The applicant shall submit a site plan application including a site plan showing the location of off-street guest parking and a narrative addressing how the proposal meets the criteria in this section.2.    For renting of three (3) to six (6) bedrooms, a Type II-A process will be used pursuant to Section 40.510.025. The applicant shall submit conditional use and site plan review applications with a statement indicating the potential traffic and land use impacts of the proposal on adjacent streets and properties. Requests must conform to all relevant county and state codes including fire, building, road and health standards.3.    Bed and breakfast establishments in RC-1 and RC-2.5 districts shall meet the requirements of Section 40.260.050(D)(1).(Amended: Ord. 2010-08-06; Ord. 2011-03-09; Ord. 2012-12-14)

A.    Purpose.     The purpose of this section is to provide for small coffee and food stands, which are often a transitional use on underdeveloped sites, or additions to sites that are already developed, but have available space. B.    Applicability and Exemptions.1.    Coffee and food stands that are either parked or placed on a semi-permanent basis may be allowed in all commercial, urban holding, and employment zones, subject to the following:a.    Each stand is limited to two hundred (200) square feet; b.    A maximum of six (6) coffee and/or food stands are allowed per these standards per development site; c.    Only one (1) stand is allowed to have drive-through facilities;d.    When located in an employment zone, such facilities may be stand-alone uses and are not subject to Section 40.230.085(D)(1)(c).2.    Mobile food trucks and carts that are removed from a site at the end of each day or weekend are exempt from the provisions of this section.C.    Development Standards.1.     Sites with on-site parking and/or drive-up facilities will require an approved driveway approach with adequate sight distance per Section 40.350.030(B)(8).2.     Drive-up stacking. Stands with drive-up windows require three (3), eighteen (18) foot-long queuing spaces per window. Fewer spaces may be approved by the responsible official; provided, that a plan is submitted that shows the site has sufficient overflow areas so that traffic will not block streets, sidewalks, or parking lot circulation aisles. 3.     Parking. Parking shall meet minimum ADA requirements. One (1) parking space per employee per shift shall be provided. Additional parking for walk-up patrons on undeveloped sites shall be provided at a rate of one (1) space per outdoor seating table. Parking may be provided by the following methods:a.    On site;b.    On-street parking; provided, that the parking space is legally available and along the site’s street frontage. Posted-time or day-restricted parking spaces do not qualify as legally available for the purposes of this section; orc.    If no parking space is available on-site or on-street, a joint agreement for off-site parking may be used subject to Section 40.340.010(A)(5).4.    Paving. Gravel parking and maneuvering areas may be approved, if it provides an adequate all-weather surface. Dust shall not become a nuisance, and gravel shall not be allowed to track onto sidewalks or streets. The creation of additional impervious surface may be subject to the stormwater requirements of Chapter 40.386.5.    Building Permits. The stand and any structures associated with the stand, such as add-on canopies, stairs, and decks shall comply with building codes. Trailer-type stands that are raised off wheels shall require building permits for adequate tie-downs. 6.    Landscaping. Landscaping is not required unless headlight glare associated with drive-up queuing areas will affect abutting residential uses. In those cases, the responsible official may require screening in the form of shrubs or fencing.7.    Public Health Approval. All coffee and food stands shall comply with county and state health department regulations, including the provision of restroom and hand washing facilities for employees and patrons. 8.    Stands approved under this section are not considered “new structures” for the purposes of Section 40.370.010(C).9.    Signage. Permanent signs are allowed subject to Chapter 40.310. One (1) portable sign is allowed per street frontage without obtaining a permit under Section 40.310.010(D)(10). Portable signs shall not exceed six (6) square feet per side, shall be removed at the end of each business day, and shall not obstruct vehicular sight distance.10.     Accessibility. Outdoor seating areas and restroom facilities shall comply with ADA requirements.11.    Setbacks. All stands and accessory structures shall be set back per the requirements of Table 40.320.010; however, the setback area need not be landscaped. Structures, signs, and parking and maneuvering areas shall not obstruct sight distance per Section 40.350.030(B)(8).12.     Frontage improvements are not required.13.    Developments approved under this section are not subject to traffic impact fees.(Amended: Ord. 2015-11-24; Ord. 2016-09-04)D.     Performance Standards. Failure to mitigate the effect of unpaved parking lots, reduced queuing and landscaping standards, portable signs, or on-street parking may result in the revocation of a permit. E.    Process. Coffee and food stands require Type I site plan review under Section 40.510.010. Building permits may be submitted at the same time as the site plan review.F.    Application Submittal Requirements.1.    Application form;2    Application fee;3.    Narrative that describes the existing conditions and proposed project in detail, including hours of operation, types of food and beverages to be prepared and served, whether outdoor seating is proposed, and the provision of:a.    Restroom facilities;b.    Water and wastewater;c.    Off-site parking, if proposed;d.    Plan to mitigate the effects of dust, gravel, glare and queuing overflow as applicable;e.    Cooking and/or barista facilities; andf.    Outdoor seating areas, if proposed;4.    Site plan (eleven (11) inches by seventeen (17) inches minimum size) drawn to a legible scale to adequately show:a.    Dimensions of property and right-of-way lines;b.    The abutting street name, centerline, curb and sidewalk; c.    The locations, width, and surface materials of driveways, queuing and parking spaces;d.    The locations and dimensions of the stand(s), outdoor seating areas and restroom facilities; e.    Proposed location of signs (both permanent and/or temporary); f.    Scale of plan, and north arrow;g.    If the parcel is large, the detailed plan can show only the part of the parcel proposed for the stands; provided, that an insert of the entire parcel is also shown with the area of detail shown on the insert; andh.    Location of any easements;5.    Copy of current deed to verify property dimensions and check whether any easements exist;6.    Water utility review letter; and7.    Associated applications as applicable, such as floodplain, habitat, shoreline, wetlands must be submitted prior to, or with the application.(Added: Ord. 2014-01-08)

Community buildings, social halls, lodges, fraternal organizations, clubs, public and private schools, private recreational facilities and churches in R1-5, R1-6, R1-7.5, R1-10, R1-20, R-12, R-18, R-22, R-30, R-43, OR-15, OR-18, OR-22, OR-30, or OR-43 districts shall be set back a minimum of thirty (30) feet from side and rear lot lines. There shall be no external evidence of any incidental commercial activities taking place within the building.

A.    Purpose.    The purposes of the compact lot development provisions are:1.    To encourage development of underutilized and challenged parcels within developed portions of the low-density residential districts by providing flexibility for smaller, more efficient housing.2.    To diversify the county’s housing stock by providing a variety of housing types, sizes and price points that responds to changing household sizes and ages, such as retirees, small families, and single-parent households.3.    To encourage development in existing residential areas by allowing a density bonus and design flexibility.4.    To mitigate potential impacts of density and narrow lots through site design balancing community connections and privacy.5.    To integrate developments into existing neighborhoods.(Added: Ord. 2024-03-02)B.    Applicability.1.    Compact lot developments are permitted on parcels created prior to the adoption date of the ordinance codified in this section that meet all of the following criteria:a.    The parcel is three (3) acres or smaller in area, excluding any critical areas, public rights-of-way, private road easements, or street tracts; andb.    The proposed development can and will be served by urban services at the time of final plat or development approval. For the purposes of this chapter, “urban services” shall mean public water and sewer service as described in Chapter 40.370.2.    Compact lot developments may not be used in conjunction with a planned unit development per Section 40.520.080.3.    Compact lot developments shall also be subject to the narrow lot standards of Section 40.260.155.(Added: Ord. 2024-03-02)C.    Review Required.     A site plan is required that meets the requirements of Section 40.260.155(C)(1). The site plan shall be submitted with the preliminary land division application.(Added: Ord. 2024-03-02)D.    Development Standards.1.    Compact lot developments may include single-family detached dwellings at up to two hundred percent (200%) of the maximum density of the underlying zone, including any accessory dwelling units.2.    Minimum lot area and lot dimensions for single-family detached dwellings shall be as follows:1 Applies to interior lots only – corner lots shall be of sufficient width so that sight distance and driveway spacing requirements are met.2 May be reduced when alley access is provided per Section 40.260.155(D)(1).3 May utilize zero lot line development standards in Section 40.260.260.4 When access is provided via an alley, lot coverage may be increased per Section 40.260.155(D)(2).3.    Notwithstanding the setbacks in Table 40.260.072-1, setbacks from the exterior perimeter of the development site shall meet the applicable minimum setbacks for single-family detached dwellings in the underlying zone with no setback less than ten (10) feet.4.    Additional types of middle housing dwellings may be included within a compact lot development subject to the development standards of the underlying zone; no additional density bonus or modifications to dimensional standards shall apply to lots created for middle housing.(Added: Ord. 2024-03-02)E.    Main Entrances.     Main entrances shall be visible from the street and must have a porch or entry set back no more than eight (8) feet from the longest street-facing wall of the structure. The entry must: face the street, open onto the porch, or be oriented at an angle of not more than forty-five (45) degrees from the street-facing facade. Corner lot homes may be oriented to either street.Figure 40.260.072-1 Main Entrance Orientation Options(Added: Ord. 2024-03-02)F.    Garages.     The width of the garage door facing the street may be up to sixty percent (60%) of the lot width or ten (10) feet, whichever is greater. Garage width limitations do not apply to residential development accessed through rear alleys, or where the garage is located in the rear of the lot.(Added: Ord. 2024-03-02)

 A.    Purpose.    The purposes of the cottage housing provisions are:1.    To promote sustainable development practices through smaller, more efficient housing and effective use of residential land.2.    To diversify the county’s housing stock by providing a housing type that is less expensive and that responds to changing household sizes and ages, such as retirees, small families, and single-parent households.3.    To encourage development in existing residential areas by allowing a density bonus and design flexibility.4.    To provide centrally located and functional common open space that fosters a sense of community and openness within the cottage development.5.    Repealed by Ord. 2024-03-02.6.    To integrate cottage developments into existing residential neighborhoods and ensure compatibility between cottage developments and their neighbors.(Amended: Ord. 2024-03-01; Ord. 2024-03-02)B.    Applicability.1.    This section applies to cottage housing developments as defined in Section 40.100.070, except for cottage developments within the mixed use (MX) zone which shall be subject to the cottage housing standards in Appendix A.2.    Cottage housing developments shall be subject to site plan review in accordance with Section 40.520.040. Where the site is proposed to be platted with each cottage on its own lot, the site plan review application may be reviewed in conjunction with the land division application.3.    The narrow lot development standards in Section 40.260.155 shall not apply to cottage housing developments.4.    Cottage housing developments may not be used in conjunction with a planned unit development per Section 40.520.080.(Amended: Ord. 2024-03-01; Ord. 2024-03-02)C.    Development Standards.1.    Cottage housing developments may include single-family detached dwellings, accessory dwelling units, duplexes and attached single-family dwellings with up to two (2) attached dwellings.2.    Cottage housing developments may be allowed at up to two hundred percent (200%) of the maximum density of the underlying zone, including any accessory dwelling units; except cottage housing developments in the R1-7.5, R1-6 and R1-5 zones may be allowed at up to 21.8 d.u./acre, calculated based on the gross area of the site minus any public rights-of-way, private road easements, or street tracts.3.    Cottage housing developments shall contain a minimum of four (4) and a maximum of twelve (12) units in a cluster; provided, that a cottage development may contain more than one (1) cluster. Each cluster must have its own common open space and may not be intersected by a public or private road.4.    For platted cottage developments, the minimum lot area and lot dimension standards of the underlying zone shall not apply; provided, that the cottage on each lot meets the setback and separation standards herein.5.    Cottages and accessory structures shall maintain the following minimum setbacks:a.    Ten (10) feet from public rights-of-way or private street easements.b.    Five (5) feet from external non-street property boundaries.c.    Eighteen (18) feet from a street for garage doors; provided the minimum garage door setback from an alley may be two (2) feet.d.    Eight (8) feet minimum space between buildings (including accessory structures).6.    No maximum lot coverage standard shall apply to cottage housing developments, including cottages platted on individual lots.7.    Required Parking and Parking Design.a.    On-site parking shall be provided at a minimum rate of one (1) parking space per dwelling.b.    On-site parking may be provided in any combination of shared parking lot(s), shared detached garage(s), and/or individual garages or carports.c.    Individual detached garages may not exceed four hundred (400) square feet in floor area. Shared detached garages may not exceed one thousand (1,000) square feet in floor area.d.    Common off-street parking areas shall meet the following:(1)    Parking and maneuvering areas shall meet the applicable requirements in Chapter 40.340 and screening requirements in Section 40.320.010(E).(2)    Such spaces may be designed to allow backing movements directly into local access streets other than collectors or arterials.(3)    Parking areas shall be owned and maintained by a homeowners’ association or a maintenance agreement shall be recorded with the plat.8.    Common Open Space Standards.     Each cottage cluster must share a common open space in order to provide a sense of openness and community of residents. Common open spaces must meet the following standards:a.    A minimum of two hundred (200) square feet of common open space must be provided per cottage unit within the associated cluster. Common open space may not include critical areas, critical area buffers, or slopes greater than fifteen percent (15%). LID stormwater BMPs, like rain gardens, may be integrated in up to twenty-five percent (25%) of the minimum required usable open space area.b.    The common open space must be contiguous, generally rectangular or ovoid, and no narrower than fifteen (15) feet wide at its narrowest dimension.c.    The common open space shall be developed with a mix of landscaping, lawn area, pedestrian paths, and/or paved courtyard area, and may also include recreational amenities. Impervious elements of the common courtyard shall not exceed fifty percent (50%) of the total common courtyard area.d.    Common open space shall be located with cottages abutting on at least two (2) sides.e.    Pedestrian paths must be included in a common open space. Parking areas, required setbacks, and driveways do not qualify as part of a common open space.f.    The development application shall include a plan for ongoing maintenance of the common open space, including a mechanism for ensuring that the maintenance plan will be implemented through a homeowners’ association or similar entity.9.    Cottage Orientation.     Cottages must be clustered around a common open space, meaning they abut the associated common open space or are directly connected to it by a pedestrian path, and must meet the following standards (see Figure 40.260.073-1):a.    Each cottage within a cluster must either abut the common open space or must be directly connected to it by a pedestrian path.b.    A minimum of fifty percent (50%) of cottages within a cluster must be oriented to the common open space and must:i.    Have a main entrance facing the common open space;ii.    Be within ten (10) feet from the common open space, measured from the facade of the cottage to the nearest edge of the common open space; andiii.    Be connected to the common open space by a pedestrian path.c.    Cottages not oriented to the common space must either:i.    Have a main entrance facing the street if located within twenty (20) feet of a street property line; orii.    Have a main entrance facing a pedestrian path that is directly connected to the common open space.Figure 40.260.073-1 Cottage Orientation10.    Pedestrian Access.     A pedestrian path that is hard-surfaced and a minimum of three (3) feet wide must be provided that connects the main entrance of each cottage to the following:a.    The common open space;b.    Shared parking or solid waste storage areas;c.    Community buildings; andd.    Sidewalks in public rights-of-way abutting the site or rights-of-way if there are no sidewalks.(Amended: Ord. 2024-03-01; Ord. 2024-03-02)D.    Building Design Standards.1.    Cottages shall have a minimum of one hundred fifty (150) and a maximum of one thousand six hundred (1,600) square feet total floor area. Total floor area of a cottage dwelling means the total floor area interior to the structure excluding garages. The maximum floor area allowed on the ground or main floor shall be one thousand two hundred (1,200) square feet.2.    Cottages located adjacent to a street shall provide a covered entry feature with minimum dimensions of six (6) feet by six (6) feet facing the street.3.    Cottage facades facing the common open space or common pathway shall feature a roofed porch at least eighty (80) square feet in size with a minimum dimension of eight (8) feet on any side.4.    The maximum building height shall be twenty-five (25) feet for cottages and ADUs built over garages and eighteen (18) feet for accessory structures.5.    An existing single-family detached dwelling on the same lot as a proposed cottage housing development may be allowed within a cottage cluster exempt from the maximum gross floor area, footprint and height standards of this section; provided, that existing dwellings that exceed any of those maximums may not be expanded.(Added: Ord. 2012-02-03; Amended: Ord. 2018-01-17; Ord. 2024-03-01; Ord. 2024-03-02)E.    Community Buildings.     Cottage cluster projects may include community buildings for the shared use of residents that provide space for accessory uses such as community meeting rooms, guest housing, exercise rooms, day care, community eating areas, community gardens, or picnic shelters. Community buildings must meet the following standards:1.    Each cottage cluster is permitted one (1) community building.2.    The community building shall have a maximum floor area of one thousand two hundred (1,200) square feet.(Added: Ord. 2024-03-02)F.    Solid Waste Provisions.     The development application shall include a plan for access for solid waste and recycling collection service, indicating common or individual unit collection points with demonstrated access and turning space for solid waste vehicles.(Added: Ord. 2024-03-02)*    Code reviser’s note: Ordinance 2012-02-03 adds this section as Section 40.260.075. It has been editorially renumbered to avoid duplication of numbering.

A.    Purpose.    This section provides opportunities for electric vehicle infrastructure in all zoning districts in the county. These regulations are intended to:1.    Provide adequate and convenient electric vehicle charging stations to serve the needs of the traveling public;2.    Provide opportunities for Clark County residents to have safe and efficient personal electric vehicle charging stations located at their place of residence; and3.    Provide the opportunity for commercial and industrial projects to supply electric vehicle charging station services to their customers and employees.B.    Applicability.1.    Electric vehicle infrastructure is permitted, as follows:a.    Electric vehicle charging stations equipped with Level 1 or Level 2 charging equipment as an accessory use in all zoning districts.b.    Rapid charging stations also known as Level 3 charging in CR-1, CR-2, R-30, R-43, OR-15, PR-18, OR-22, OR-30, OR-43, MX, CC, GC, IL, IH, BP, U, A, UH-10 and UH-20.c.    Battery exchange stations in CC, GC, IL and IH.(Amended: Ord. 2016-06-12)C.    Definitions.    For the purposes of this section, the following definitions shall apply:D.    General Requirements.    Installation of electric vehicle infrastructure must be consistent with the rules for electric vehicle infrastructure requirements adopted by the State Building Code Council and the Department of Labor and Industries for the installation of electric vehicle infrastructure. All wires and equipment that convey electric current and any equipment to be operated by electric current must be consistent with the standards in RCW 19.27.540 and 19.28.281.E.    Process.1.    An application to establish electric vehicle infrastructure must obtain an electrical permit through Washington State Department of Labor and Industries.2.    Battery exchange stations that are an addition to an existing use require a Type I site plan review process consistent with Section 40.520.040(B)(3).3.    New battery exchange stations require a Type II review process consistent with Section 40.520.040.(Added: Ord. 2011-06-14; Ord. 2012-12-14)

A.    Purpose.1.    The purpose of this section is to establish a process for identifying and siting of essential public facilities (EPF) that are difficult to site.2.    Essential public facilities are defined in Section 40.100.070.3.    Comprehensive plans and development regulations cannot preclude the siting of essential public facilities within jurisdictional boundaries. Nothing in this chapter should be construed as an attempt by Clark County to preclude the siting of such facilities within the county when the essential public facility is consistent with the Washington State Growth Management Act and other state statutes and regulations.B.    Applicability and Exemptions.1.    Applicability. Essential public facilities that are determined difficult to site by the responsible official will be subject to this section. The responsible official shall determine if an application is an essential public facility and difficult to site, if one or more of the following criteria is met per WAC 365-196-550(2):a.    The public facility needs a specific type of site such as size, location, available public services, of which there are few choices.b.    The public facility needs to be located near another public facility or is an expansion of an essential public facility at an existing location.c.    The public facility has, or is generally perceived by the public to have, significant adverse impacts that make it difficult to site.d.    Use of the normal development review process would effectively preclude the siting of an essential public facility.e.    Development regulations require the proposed facility to use an essential public facility siting process.2.    Exemptions. Essential public facilities that have been evaluated through a state or regional siting process, per WAC 365-196-550(3)(d).C.    Application and Review Process.1.    Applications that seek approval for an essential public facility as defined by Section 40.100.070 shall follow the procedures established in Section 40.510.025 for a Type II-A process and Section 40.520.030 for a conditional use permit, and as part of the pre-application conference with the applicant.2.    If, after the pre-application review, the responsible official finds the use is difficult to site, the application will be reviewed under this section and Sections 40.510.030, Type III Quasi-Judicial Decisions, and 40.520.030, Conditional Use Permits, along with any additional requirements per Clark County Code, as part of the pre-application conference process.3.    If the use is identified as an EPF and determined not to present siting difficulties, it will be reviewed through a Type II-A process in Section 40.510.025, the conditional use permit process in Sections 40.520.030, and 40.520.040, Site Plan Review, and any additional requirements per Clark County Code.D.    Application Submittal Requirements if Determined Difficult to Site.1.    A complete application for a conditional use permit for an essential public facility that has been determined to be difficult to site shall include all items required by Section 40.510.050, Application Submittal Requirements, Section 40.520.030, Conditional Use Permits, and the following information:a.    A detailed written description of the proposed and potential public services to be provided, including a proposed site plan, the proposed service area of the facility, the source or sources of funding, and identification of any applicable public regulatory agencies or regional state or federal project agency sponsors and the federal or state authority which the agency has been granted for siting decision-making; andb.    A written statement of the need, in statistical or narrative form, for the proposed project currently and over the following ten (10) year period; andc.    An inventory of known, existing or proposed facilities, by name and address, within Clark County, or within the region, serving the same or similar needs as the proposed project; andd.    An explanation of the need and suitability for the proposed facility in the proposed county location(s); ande.    Documentation showing the minimum siting requirements for the proposed facility. Site requirements may be determined by the following factors: minimum size of the facility, access, support facilities, topography, geology, and mitigation need. The applicant shall also identify future expansion needs of the facility;f.    A written analysis providing documentation of alternative site investigation and indicating whether any alternative sites have been identified that meet the minimum site requirements of the facility;g.    An assessment of the suitability of the proposed location in the county in terms of local, county, regional and/or state needs in order to minimize public costs (where appropriate) and environmental impacts, to discern the suitability of the facility’s location in the county or within another jurisdiction, to determine the number of jurisdictions affected or served by the proposed EPF, and to decide what, if any, inter-jurisdictional approach is most appropriate or available; andh.    An analysis of the environmental, social, economic, financial and infrastructure impacts of the proposed EPF, including an assessment of the proportionate financial impacts on affected jurisdictions, agreements that allocate the financial burdens of the proposed project on the county and other jurisdictions, and the approximate area in which the proposed project could potentially have adverse impacts. These impacts may include an increase in traffic congestion, public safety risks, noise, glare, emissions, and/or other environmental impacts; andi.    A written analysis demonstrating that the proposal is consistent with the applicant’s own long-range plans for facilities and operations;j.    An analysis of the proposal’s consistency with the county’s comprehensive plan and development regulations, and plans and policies of other affected jurisdictions, including but not limited to Clark County county-wide planning policies; andk.    Documentation of public involvement efforts to date, including public and agency comments received, and plans for future public participation; andl.    All application materials required by other chapters of Clark County Code for components of the project not covered by this chapter, such as platting requirements, critical area code compliance, traffic concurrency, comprehensive plan and zoning, etc., so that code compliance for all components of the project can be reviewed together; andm.    Such information as requested by the director as determined necessary to complete the preliminary analysis or to otherwise assist the director, staff, and the hearing examiner in making the final determination on the application.E.    Decision Criteria.1.    The following criteria shall be used to make a determination on the application:a.    The proposal shall be consistent with the comprehensive plan and types of uses of the underlying zoning of the proposed site;b.    The project applicant has demonstrated a need for the project, as supported by an analysis of the projected service population, an inventory of existing and planned comparable facilities, and the projected demand for the type of facility proposed;c.    If applicable, the project would serve a significant share of the county’s population, and the proposed site will reasonably serve the project’s overall service population;d.    The applicant has reasonably investigated alternative sites, as evidenced by a detailed explanation of site selection methodology;e.    The project is consistent with the applicant’s own long-range plans for facilities and operations;f.    The project has fewer impacts in the particular geographic area in contrast with other available locations;g.    The applicant has provided a meaningful opportunity for public participation in the siting decision and development of mitigation measures that is appropriate in light of the project’s scope, applicable requirements of the county code, and state or federal law;h.    The proposal complies with applicable requirements of all other applicable provisions of the county code;i.    The project site meets the facility’s minimum physical site requirements, including projected expansion needs. Site requirements shall be determined by the minimum size of the facility, setbacks, access, support facilities, topography, geology, and on-site mitigation needs;j.    The proposal, as conditioned, adequately mitigates significant adverse impacts to life, limb, property, the environment, public health and safety, transportation systems, economic development and other identified impacts;k.    The proposal shall not have any probable significant adverse impact on critical areas or resource lands, except for lineal facilities, such as highways, where no feasible alternative exists;l.    The proposal incorporates specific features to ensure it responds appropriately to the existing or planned character, appearance, quality of development, and physical characteristics of the site and surrounding property;m.    Major public facilities which generate substantial traffic should be sited near major transportation corridors;n.    The project applicant has proposed mitigation measures that are consistent with the Uniform Relocation Assistance Act, Chapter 8.26 RCW, as now and hereafter amended when otherwise required by law;o.    The proposal will not be materially detrimental to uses or property in the immediate vicinity;p.    The proposal is compatible with and incorporates specific features, conditions, or revisions that ensures it responds appropriately to the existing or intended character, appearance, quality of development, and physical characteristics of the site and surrounding property; andq.    Essential public facilities shall also comply with all other applicable state and federal siting and permitting requirements.F.    Decision.1.    The hearings examiner may approve an application for an essential public facility that is difficult to site, approve with conditions or require modification of the proposal to comply with specified requirements or local conditions. The hearing examiner may deny an application for an essential public facility if the placement of the use would be unreasonably incompatible with the surrounding area or incapable of meeting the criteria required for approval or with specific standards set forth in this code.2.    The hearings examiner, giving substantial weight to the recommendations of the staff report, shall review the application under the following criteria:a.    Whether the proposed action as recommended by county staff is consistent with the criteria established under Section 40.260.077(E);b.    Whether modifications to recommended conditions or restrictions, if any, are adequate to mitigate impacts in a manner which meets the standards of this code and any related development agreement; andc.    Whether project conditions cumulatively are reasonable and would not preclude development of the EPF.3.    Recognizing that RCW 36.70A.200(2) prohibits the county from precluding the siting of an essential public facility, if the permit application proposes siting of a project in a location other than the county’s preferred location (if a preferred location is recommended) by county staff or otherwise designated under the county’s comprehensive plan or this title, the applicant shall present information as to why the county’s preferred location, rather than the location applied for, will preclude development of the project. In addition, the applicant would be responsible for providing supporting data and documentation for both their preferred site and the county’s preferred location for whichever is chosen. The applicant shall provide any engineering, financial and other studies and information necessary to explain its position, unless it has already done so through the comprehensive planning process. However, financial studies will not be required for linear transportation projects, such as roads and highways, proposed by the Washington State Department of Transportation. The hearing examiner, with additional analysis and input from county staff and the applicant, if requested, shall make findings and a decision as to whether siting the project at the county’s preferred location would be impossible, impracticable, or otherwise preclusive. The said findings and decision shall not be deemed, however, to preclude the authority of a regional decision-making body, under law now existing or subsequently amended, to determine where a regional EPF shall be sited, assuming applicable laws and legal requirements are complied with. This section shall not apply to the siting of secure community transmission facilities.4.    If the county doesn’t have a preferred location, the applicant shall be responsible for providing supporting data and documentation for both their preferred site, or alternative sites pursuant to Section 40.260.077(D)(1)(f) for whichever is chosen.5.    As a condition of approval pursuant to this section, the hearing examiner may:a.    Increase requirements in the standards, criteria, or policies established by this title;b.    Stipulate the exact location as a means of minimizing hazards to life or limb, property damage, impacts to the environment, erosion, underground collapse, landslides, or transportation systems;c.    Impose conditions necessary to avoid, minimize or mitigate any adverse impacts identified as a result of the project;d.    Require the posting of construction and maintenance bonds sufficient to secure to the county the estimated cost of construction, installation and maintenance of required improvements; ande.    Impose any requirement that will protect the public health, safety, and welfare.(Added: Ord. 2023-11-28)

A.    General Provisions.1.    Purpose. This section is established pursuant to Chapter 76.09 RCW and Chapter 222-20 WAC. It shall be officially cited as Section 40.260.080, Forest Practices, and may be commonly referred to as the Clark County forest practice code. This section sets forth procedures and review criteria for approval of Class IV conversion forest practices, conversion option harvest plans (COHPs), and certain Class I forest practices, and establishes a process for implementing development moratoria on properties which have been harvested in violation of forest practice requirements.2.    Description of Forest Practice Classes. The description of forest practice classifications is described in Chapter 222-16 WAC and Chapter 76.09 RCW.3.    Applicability. The provisions of this section comprise the standards necessary for the review of Class IV conversion forest practices, COHPs, and certain Class I forest practices. The provisions of this chapter also provide the criteria for the establishment or removal of development moratoria and exceptions for single-family dwellings located on lands subject to a development moratorium. All forest practice approvals and associated development moratoria issued by Clark County shall comply with this section.a.    The following forest practice activities are subject to review under this section:(1)    All Class IV conversion forest practices;(2)    A COHP in which a Class II, III, or IV special forest practice is applied for;(3)    All Class I forest practices:(a)    Within urban growth areas (UGAs) that involve timber harvesting or road construction;(b)    Outside UGAs which are associated with forestlands that are being converted to another use;(c)    Hazard tree removal determinations.4.    Exemptions. The following forest practices are exempt from the provisions of this chapter:a.    Forest practices are exempt from this chapter on lands in a UGA where the landowner submits a ten (10) year statement of nonconversion to the Department of Natural Resources (reforestation agreement) together with either an acceptable ten (10) year forest management plan or proof that the land is currently enrolled under the provisions of Chapter 84.33 or 84.34 RCW.b.    Class I forest practices resulting in the removal of less than five thousand (5,000) board feet of timber for personal use in any twelve (12) month period. Although a forest practice permit is not required, Class I forest practices proposed within a wetland, stream, landslide hazard area, habitat conservation area, or other critical area or its buffer shall comply with all applicable requirements of Section 40.260.080(A)(6)(b)(1).c.    Commercial Nurseries and Christmas Tree Farms. The removal of trees which have been grown to be sold as Christmas trees or as landscaping.d.    Landscape Maintenance. Landscape maintenance, pruning, or other tree management practices which do not impair the health or survival of trees required to be retained or planted under the authority of this chapter.e.    Street Trees. Removal of street trees with the written approval of the Director of Public Works and when recommended by a certified arborist, professional forester, or landscape architect.5.    Administration.a.    Approvals Required. An approval pursuant to this chapter must be obtained from Clark County for the following:(1)    Forest Practice Approvals.(a)    Class IV General Forest Practices. An approved forest practices permit shall be obtained from Clark County prior to conducting any forest practices defined as Class IV general pursuant to Section 40.260.080(A)(2).(b)    Class IV Special Forest Practices. Class IV general forest practice which is reclassified to Class IV special and is a conversion, Clark County will be lead agent for SEPA action, and the Department of Natural Resources would act as lead on the approval of the FPA.(c)    Class I Forest Practices. Class I forest practices not exempt from this chapter pursuant to Section 40.260.080(A)(3)(a)(4) shall require a forest practice permit from Clark County. These forest practices shall be reviewed using the procedures set forth in Section 40.260.080(B)(4), except that these forest practices shall not be subject to environmental review under Chapter 43.21C RCW (State Environmental Policy Act).(d)    Conversion Option Harvest Plan. A COHP approval from Clark County shall be required for all Class II, III, and IV special nonconversion forest practices outside UGAs where the land owner desires to avoid the imposition of a six (6) year development moratorium.(2)    Request for Removal of Development Moratorium. An approved request for removal of development moratorium shall be required prior to the approval of any development permits by Clark County for land which is subject to a development moratorium except for the construction of one (1) single-family residence, pursuant to Section 40.260.080(D).(3)    Request for Single-Family Dwelling Waiver. An approved request for single-family dwelling waiver shall be required prior to the construction of a single-family residence or related improvements on land which is subject to a development moratorium.b.    Application Requirements for Class I and Class IV General Permits.(1)    Preliminary Review. The provisions for conducting a pre-application review of any Class I and Class IV-G application filed pursuant to this chapter are set forth in Subtitle 40.5. Pre-application review is voluntary for applications filed under this section.(2)    Application Filing. Applications filed pursuant to this chapter shall be reviewed to determine full completeness in accordance with submittal standards herein and pursuant to Subtitle 40.5.(3)    Application Site Plan. All pre-applications and applications shall include a site plan of the proposal that includes the following, if applicable:(a)    Drafted at a scale no smaller than one (1) inch to two hundred (200) feet;(b)    With the scale being shown in legend on the drawing;(c)    Harvest boundaries and tree retention areas;(d)    North arrow;(e)    The approximate location of any existing structures;(f)    The location of all existing and proposed streets, rights-of-way, easements, skid roads, haul roads, and landings within the proposal;(g)    The location of future land development including stormwater management facilities, and vegetation to be retained for site landscaping, open space, wildlife habitat, screening, and/or buffers;(h)    Site topography at a contour interval of twenty (20) feet, ten (10) feet if available from a public source;(i)    Critical areas and critical area buffers;(j)    Drainageways and culverts;(k)    Site area targeted for further harvest including proposed timing; and(l)    A vicinity map that includes all abutting ownership.(4)    Field Marking of Site Features. At the time of submittal of any application required pursuant to this chapter, the following features shall be clearly marked at the site with flagging or colored paint by the applicant:(a)    Critical areas and critical area buffers;(b)    Centerline of all proposed roads;(c)    Landing areas;(d)    Tree retention areas and leave trees; and(e)    Cutting boundaries.c.    Review.(1)    Initial Review. The Department shall conduct an initial review of any application in accordance with the provisions outlined in Subtitle 40.5, Procedures.(2)    Review Responsibilities.(a)    The responsible official is responsible for administration, circulation, and review of an application filed for Class I and Class IV general permits, COHPs, requests for lifting of development moratoria and single-family dwelling waivers.(b)    The hearing examiner shall be the decision authority for requests to remove a development moratorium and administrative appeals.(c)    Other county departments and state agencies, as determined by the Department, may review an application and forward their respective recommendations to the responsible official or examiner as appropriate.6.    Standards.a.    General. Forest practices subject to this chapter shall be subject to the standards of WAC Title 222 except as modified or supplemented by county critical area ordinances as specified below. In the event of inconsistency between applicable federal, state and local regulations, provisions which afford the greatest critical area protection shall apply.b.    Specific. In addition to the general provisions of Section 40.260.080(A)(6)(a), the following critical area ordinance provisions apply depending upon the class of the forest practice:(1)    Class I and Class IV-G Forest Practice.(a)    Wetland and fish and wildlife habitat conservation area regulations in Chapter 40.445.(b)    Geologic hazard areas regulations in Chapter 40.430.(c)    Shoreline master program regulations in Chapter 40.460.(2)    Conversion Option Harvest Plans.(a)    The forested wetland provisions of the county wetland protection ordinance such that:(i)    Harvest is prohibited within the forested wetland; and(ii)    No forested wetland buffer applies, but reforestation may be required pursuant to Section 40.260.080(B)(3)(e).(b)    Review of proposed post-harvest activities subject to Chapter 40.445, Wetlands and Fish and Wildlife Habitat Conservation Areas, shall assume pre-harvest conditions.c.    Time Limitations.(1)    Expiration of Approval.(a)    Class I and Class IV general permits shall be valid for two (2) consecutive years following the date of issuance unless a different time limit has been established through an associated development permit approval. Expiration of the Class I and Class IV general permits shall be the same as the expiration date of the approved development permit.(b)    A COHP shall be valid for a period of two (2) years from the date of county approval.(2)    Time Period for Final Decision. The provisions for issuing a notice of final decision on any application filed pursuant to this chapter are set forth in Subtitle 40.5, Procedures.d.    Development Applications. Development applications submitted with or subsequent to a forest practice application are subject to the development standards of this title.7.    Fees. Fees for applications and/or review of reports or studies filed pursuant to this section are set forth in Title 6. (Amended: Ord. 2023-03-01; Ord. 2025-07-01)B.    Forest Practice Approvals.1.    Purpose. a.    This section provides tree farmers with options to encourage continued use of the land for tree farming and establishes a Type I review process pursuant to Clark County Code, Subtitle 40.5, Procedures, with review criteria, and necessary findings for certain Class I forest practice permits. b.    In addition, this section provides the general requirements, establishes a Type II review process pursuant to Subtitle 40.5, Procedures, with review criteria, and necessary findings for Class IV general forest practice permits and COHPs. Compliance with an approved Class IV general permit or COHP releases the landowner from the six (6) year moratorium.2.    Class IV General Forest Practice Permits. An approved Class IV general permit provides the landowner the ability to harvest timber and to convert a site to a use other than commercial forest production.a.    General Requirements.(1)    A Class IV general permit shall be submitted prior to conducting forest practices on the project site;(2)    All Class IV general permit applications shall describe the harvest method, including type of equipment to be used and the expected dates of commencement and completion of all harvest activity;(3)    All Class IV general permit applications shall declare the type, extent, and schedule of future development plans;(4)    Land that is to be converted to nonforestry uses shall be withdrawn from current use designation under the provisions of Chapters 84.33 and 84.34 RCW or Chapter 3.08 prior to issuance of county land use approvals for nonforestry uses;(5)    Pasture conversions must be consistent with a farm management plan approved for the property by the Natural Resources Conservation Service or the Clark County conservation district. Those forest practices involving conversion of forest lands to pasture shall be required to meet the same buffer requirements as set forth in Section 40.260.080(A)(6)(b)(1).b.    Review Criteria.(1)    Class IV general permits shall comply with Section 40.260.080(A)(6).(2)    Class IV general permits shall comply with the conditions of approval established through the associated development permit, forest practice permit or approved COHP.c.    Approval Authority.(1)    The responsible official shall review all requests for approvals, any comments received, and applicable regulations or policies and shall inspect the property prior to rendering a decision.(2)    The responsible official may approve an application for a Class IV general permit, approve the application with conditions, require modification of the proposal to comply with specified requirements or local conditions, or deny the application if it fails to comply with requirements of this section.d.    Required Written Findings and Determinations. A Class IV general permit shall be approved by the responsible official if the application is consistent with Section 40.260.080(A)(6).3.    Conversion Option Harvest Plans (COHP). An approved COHP provides the landowner the ability to manage and harvest timber prior to application for a development permit while maintaining an option to convert lands to a nonforestry use. A six (6) year moratorium shall not be imposed on a site that meets the conditions of an approved COHP.a.    General Requirements.(1)    A COHP shall be submitted to the responsible official pursuant to WAC 222-20-050 and shall also contain the requirements described in this section.(2)    A COHP shall include:(a)    A narrative description of the objectives of the timber harvest, relationship of the harvest to future development of the site, built and natural features present at the site, measures to be taken to preserve and protect critical areas, harvest method including type of equipment to be used, and the expected dates of commencement and completion of all harvest activity;(b)    A conceptual layout of a probable future site development, drawn to scale, based on the existing zoning and physical limitations of the property, including likely building areas, roads, driveways, septic system areas and lot lines. The conceptual layout shall meet all applicable land use requirements of this title to be considered for vesting.(3)    The COHP shall be submitted prior to application for development and/or conducting forest practices on the project site.(4)    The approved COHP shall be recorded with the county auditor by the county upon approval. The recorded COHP shall contain an expiration date which is the same as the expiration date of the COHP.(5)    The COHP shall be approved by the responsible official prior to application or notification to the DNR for the required Class II, Class III, or Class IV special forest practice.(6)    The approval of a COHP shall not release a landowner from the requirement to reforest a site pursuant to Chapter 222-34 WAC.b.    Review Criteria.(1)    It shall be recognized that varying levels of management may occur in the riparian area depending on distance from the stream and functions to be provided. This shall be accomplished through approved alternate plans, which meet or exceed the current riparian function. Forest practices which utilize proven silvicultural techniques may also provide a continual source of solid wood fiber production, when executed through multiple entry limited harvests. The intended long-term benefits include an incentive through utilization, to reforest riparian areas which are currently understocked or nonstocked, to discourage overharvesting outside of the riparian areas and habitat fragmentation, and to create an older age class of the seral species and multi-structured canopies within the riparian areas.(2)    Long-term silvicultural plans identifying current and projected biometrics which support the function and structure of riparian habitat shall be submitted for approval by the county for harvest within those areas which are identified as riparian habitat by the Washington Department of Fish and Wildlife. Any partial harvest activities allowed in any part of the riparian areas shall be consistent with riparian management areas rules per Chapter 222-30 WAC.(3)    COHP approvals shall comply with Clark County Code as set forth in Section 40.260.080(A)(6) and all applicable sections of this title, except as otherwise provided by this section.(4)    All forested wetland and buffer boundaries shall be flagged on site and verified by the Department.(5)    Those parcels subject to the small forest landowner exemption (RCW 76.13.130) shall be subject to the riparian management zone rules found in WAC 222-30-023.c.    Approval Authority.(1)    The responsible official shall review all requests for approvals, any comments received, and applicable county regulations or policies and shall inspect the property prior to rendering a decision.(2)    The responsible official may approve an application for a COHP, approve the application with conditions, require modification of the proposal to comply with specified requirements or local conditions, or deny the application if it fails to comply with requirements of this section.d.    Required Written Findings and Determinations. A COHP shall be approved by the responsible official if the application is consistent with standards referenced in Section 40.260.080(A)(6).e.    Reforestation. All COHPs that are converted must have forested wetland buffers reforested within the following two (2) planting seasons after harvest in accordance with standards in Chapter 222-34 WAC.f.    Conversions. Conversion of property subject to an approved COHP is prohibited for two (2) years following date of county approval unless a significant hardship is demonstrated, through a Type I process pursuant to Section 40.510.010, relating to the death or disability of the landowner.g.    Vesting. Residential plat applications submitted following COHP approval shall be subject to local land development codes in effect on the date of COHP approval as defined by contingent vesting requirements as outlined in Chapter 40.510, except that subsequently enacted critical area ordinance amendments related to recovery of threatened or endangered fish shall apply.h.    Recorded Covenant. A declaration shall be recorded giving notice of the conversion option harvest plan and approval conditions with the protective measures relating to the conversion. This covenant shall be binding upon the landowner and successors in interest for a period of six (6) years from the date of timber harvest.4.    Class I Forest Practice Permits. An approved Class I permit provides the landowner the ability to carry out minor forest practices not otherwise exempted pursuant to Section 40.260.080(A)(4).a.    General Requirements.(1)    An application for a Class I permit shall be submitted prior to conducting forest practices on the project site;(2)    All Class I permit applications shall describe the harvest method, including type of equipment to be used and the expected dates of commencement and completion of all harvest activity;(3)    All Class I permit applications shall declare the type, extent, and schedule of future development plans;(4)    Land that is to be converted to a non-forestry use shall be withdrawn from current use designation under the provisions of Chapters 84.33 and 84.34 RCW or Chapter 3.08 prior to issuance of county land use approvals for non-forestry uses;(5)    Pasture conversions must be consistent with a farm management plan approved for the property by the Natural Resources Conservation Service or the Clark Conservation District. Those forest practices not involving conversion of forest lands to pasture shall be required to meet the same buffer standards as set forth in Section 40.260.080(A)(6)(b)(1).b.    Review Criteria.(1)    Class I permits shall comply with Section 40.260.080(A)(6)(b)(1).(2)    Class I permitees shall comply with the conditions of approval established through the forest practice permit and any associated development permits.c.    Approval Authority.(1)    The responsible official shall review all requests for approvals, any comments received, and applicable regulations or policies and shall inspect the property prior to rendering a decision.(2)    The responsible official may approve an application for a Class I permit, approve the application with conditions, require modification of the proposal to comply with specified requirements or local conditions, or deny the application if it fails to comply with requirements of this code.d.    Required Written Findings and Determinations. A Class I permit shall be approved by the responsible official if the application is consistent with this code.5.    Class I Hazard Tree Removal Determinations. An approved Class I hazard tree removal determination allows the landowner to remove hazard and/or diseased trees located within a horizontal distance of one and one-half (1 1/2) tree lengths of the hazard and/or diseased tree from permanent buildings (such as a house, barn, shop, or pumphouse). This is not to be confused with the removal of healthy trees around permanent buildings, to which a Class I permit is the appropriate permit for such situations not otherwise exempted pursuant to Section 40.260.080(A)(4).a.    General Requirements.(1)    All Class I hazard tree determinations shall be submitted prior to conducting forest practices on the project site;(2)    All Class I hazard tree determinations shall describe the harvest method, including type of equipment to be used and the expected dates of commencement and completion of all harvest activity;(3)    All Class I hazard tree determinations shall include a certified arborist/professional forester/landscape architect report. The purpose of this report is to adequately document the rationale supporting a determination that a tree(s) is a hazard, dangerous and/or diseased and that abatement and/or tree removal is necessary. This report should include the following items:(a)    General description of proposal;(b)    Final plat notes applicable to proposal (if applicable);(c)    A description of the property(ies) subject to the danger/hazard;(d)    A description of the forest stand/greenbelt, including approximate stand age and tree species;(e)    A site plan indicating the location of the hazard/dangerous and/or diseased trees and associated structures;(f)    A description of the hazard/dangerous and/or diseased tree(s) including age, species, defect, disease, and/or structural integrity;(g)    A description of the recommended abatement treatment for each tree (e.g., removal, habitat cut, thinning and restructuring) and anticipated timeline;(h)    A detailed replanting plan and/or mitigation plan. Include anticipated schedule of installation. Replanting should be completed within sixty (60) days of the tree abatement;(i)    A description regarding the fate of the tree(s) to be cut (i.e., will the tree(s) be removed, decked, or left in place); and(j)    Documentation that the report was prepared by a certified arborist, licensed landscape architect or professional forester or other expert approved by Clark County.b.    Review Criteria.(1)    Class I hazard tree determinations shall comply with Section 40.260.080(A)(6).(2)    Class I hazard tree determinations shall comply with the conditions of approval established through the forest practice permit.c.    Approval Authority.(1)    The responsible official shall review all requests for approvals, any comments received, and applicable regulations or policies and shall inspect the property prior to rendering a decision.(2)    The responsible official may approve an application for a Class I hazard tree determination, approve the application with conditions, require modification of the proposal to comply with specified requirements or local conditions, or deny the application if it fails to comply with requirements of this code.d.    Required Written Findings and Determinations. A Class I hazard tree determination shall be approved by the responsible official if the application is consistent with this code.(Amended: Ord. 2023-03-01; Ord. 2025-07-01)C.    Development Moratoria.1.    Purpose. This subsection provides the criteria for establishing development moratoria. The subsection also provides standards for the hearing examiner to remove a six (6) year development moratorium and for the responsible official to approve single-family dwelling moratoria waivers.2.    Development Moratoria.a.    General Requirements. All development moratoria established pursuant to this section shall be mandatory. Development applications and project construction for any development activity shall be prohibited for a term of six (6) years on a site subject to a moratorium.b.    Actions That Result in a Development Moratorium. The following actions shall result in a six (6) year development moratorium being imposed:(1)    The approval or notification by the Department of Natural Resources of a Class II, III, or IV special forest practices permit that does not have an associated COHP approval;(2)    The violation of a COHP or Class IV general forest practice permit;(3)    Activity that meets the definition of Class II, III, or IV forest practices on a parcel without an approved forest practices application or notification;(4)    No development action shall occur within an approved COHP unless granted relief under Section 40.260.080(C)(3), unless authorized by the COHP.c.    Consequences of a Development Moratorium.(1)    Clark County shall terminate review of any application for development of land which is, or becomes, subject to a six (6) year development moratorium. A new application shall be required for development of the site after the six (6) year moratorium expires.(2)    Clark County shall not accept applications for any development of land which is subject to a six (6) year moratorium, during the moratorium period.(3)    All development moratoria recorded by Clark County shall extend to the harvest area indicated in the forest practices permit or COHP. If no forest practice permit or COHP was issued, the moratorium shall apply to the entire parcel.(4)    Prior to any development permit application, the property owner shall be required to submit a Class IV general permit application on land that was cleared without a required forest practice application or notification, without an approved COHP, or in violation of a Class II, Class III, or Class IV special permit.(5)    Clark County shall notify the appropriate state agency if a forest practice activity that meets the definition of Class II, III, or IV special forest practices has been initiated on a parcel without an approved forest practices application or notification.d.    Effective Date of a Moratorium.(1)    The six (6) year development moratorium shall be imposed from the effective date of a Class II, Class III, and Class IV special forest practice permit.(2)    If a forest practice occurs on a site without the appropriate permit, a six (6) year development moratorium shall be recorded from the date the unpermitted forest practices were documented by Clark County or the Department of Natural Resources.(3)    Where a site is subject to an approved Class II, III, or IV special forest practices permit with or without a COHP, forest practices occurring at the site which are outside the scope of the approved permit shall be considered unpermitted forest practices for moratorium purposes. In these cases, a six (6) year development moratorium shall be imposed from the date the unpermitted forest practices were documented by Clark County or the Department of Natural Resources.(4)    If a condition of a COHP approval is significantly violated, a six (6) year development moratorium shall be recorded from the date the associated forest practice approval became effective.3.    Request for Lifting of Development Moratorium. Any development moratorium established pursuant to Section 40.260.080(C)(2) may be lifted by the hearing examiner when the following requirements are met:a.    Public Hearing Required.(1)    The responsible official shall set a date for public hearing before the hearing examiner after all the requests for additional information or plan correction have been satisfied.(2)    The public hearing shall follow the procedures set forth in Subtitle 40.5, Procedures.b.    Review Criteria. The hearing examiner shall consider the lifting of a development moratorium established pursuant to this section when the following criteria are met:(1)    The forest practices conducted on the site meet the standards set forth in Section 40.260.080(A)(6).(2)    Corrective actions are implemented which would bring the forest practices into compliance with this section.(3)    If critical areas or critical area buffers have been damaged, the hearing examiner may impose increased critical area buffer standards together with additional requirements to mitigate the damage, the cost of which shall equal at least twice the value of the timber harvested within a critical area and buffer.c.    Approval.(1)    The hearing examiner shall review all requests for removal of a development moratorium, any comments received, and applicable county regulations or policies and may inspect the property prior to rendering a decision.(2)    The hearing examiner may approve an application for a request to remove a development moratorium, approve the application with conditions, require modification of the proposal to comply with specified requirements or local conditions, or deny the application if it fails to comply with requirements of this section.d.    Required Written Findings and Determinations. Removal of a development moratorium shall be approved by the hearing examiner if the application meets the review and approval criteria in Sections 40.260.080(C)(3)(b) and (C)(3)(c). (Amended: Ord. 2023-03-01; Ord. 2025-07-01)D.    Single-Family Dwelling Moratoria Waiver.1.    Purpose. To authorize the construction of one (1) single-family dwelling unit on a site that is subject to a six (6) year development moratorium.2.    Request for Single-Family Dwelling Moratoria Waiver. The responsible official, through a Type I procedure, shall waive the six (6) year moratorium solely for construction of one (1) single-family residence and related accessory buildings on a building site outside of urban growth boundaries, under the following conditions:a.    General Requirements.(1)    The parcel is a legal lot of record;(2)    The building site area intended as developed property shall not exceed two (2) acres in size;(3)    The construction activity is consistent with Chapters 40.430 (Geologic Hazard Areas), 40.445 (Wetlands and Fish and Wildlife Habitat Conservation Areas), and 40.460 (Shoreline Master Program) including the shoreline management master program.b.    Review Criteria. The responsible official shall consider the lifting of a development moratorium established pursuant to this subsection when the following criteria are met:(1)    The harvest was conducted under, and consistent with, an approved forest practices permit in compliance with the State Forest Practices Act.(2)    Corrective actions are implemented which would bring the forest practices into compliance with the requirements of Section 40.260.080(D)(2)(a).c.    Approval Authority.(1)    The responsible official shall review all sites that are subject to a six (6) year development moratorium and may inspect the property prior to rendering a decision.(2)    A binding written commitment submitted to, and approved by, the county, and recorded by the applicant with the County Auditor, so as to run with the land, which:(a)    Contains a site plan depicting the building site area, any critical areas within the building site area, and access roads;(b)    Commits the applicant to complete the reforestation in accordance with applicable forest practice reforestation requirements for areas other than the building site area.(3)    The development moratorium shall remain in effect for all other non-forestry uses of the site that are subject to county approval.d.    Required Written Findings and Determinations. Request for single-family dwelling moratoria waiver shall be approved by the responsible official if the application meets the review and approval criteria of this code.(Amended: Ord. 2011-08-08; Ord. 2023-03-01; Ord. 2025-07-01)

Garage sales are permitted without special permit provided they meet the following standards:A.    Sales last no longer than three (3) days;B.    Sales are held no more than twice in a calendar year;C.    Sales are conducted on the owner’s property. Multiple-family sales are permitted if they are held on the property of one of the participants;D.    Any signs shall be freestanding and removed within twenty-four (24) hours of completion of the sale. Each sign shall state the owner’s name, address and telephone number and inclusive dates of the garage sale. A garage sale sign permit is not required if the sign(s) comply with this section;E.    All signs placed on private property shall have the owner’s permission; andF.    No sign shall be larger than two (2) feet by three (3) feet.

A.    Purpose.    The purpose of this section is to protect the integrity of zoning districts of Clark County while allowing the use of property for home businesses. This section establishes approval criteria and standards to ensure that home businesses are (1) conducted as lawful uses that allow for economic development compatible with the use of neighboring properties, and (2) secondary to the use of the dwelling for living purposes and maintain residential character of the neighborhood.B.    Applicability and Exemptions.1.    Applicability. All home businesses not exempt pursuant to this section shall be subject to the standards specified in this section. A rural home business is located in a zoning district outside an urban growth boundary. An urban home business is located in a zoning district inside an urban growth boundary but outside of any city limits.2.    Exemptions. The following uses are exempt from the provisions of this section:a.    Lawfully established home occupations established prior to June 15, 2004;b.    Agriculture and forest uses;c.    Hobbies not engaged in for financial gain; andd.    Parking of no more than one (1) business vehicle with a GVW of ten thousand one (10,001) pounds or less used by a resident for transportation to and from the dwelling.3.    Uses otherwise allowed outright, as a conditional use, or by review and approval in the district in which the property is located cannot be approved under this section.(Amended: Ord. 2009-12-01)C.    Definitions.1.    Activity Area. See “home business activity area.”2.    Heavy Equipment. “Heavy equipment” means any freestanding piece of equipment with a gross vehicle weight of fifteen thousand (15,000) pounds (as defined by the manufacturer) or greater that is used for the purpose of a home business and that is typically transported to a job site by a vehicle. The term shall include equipment that is motorized or nonmotorized, stationary, or self-propelled. Tools or pieces of machinery that are permanently located within an accessory structure shall not be counted as heavy equipment for the purposes of this section.3.    Home Business. “Home business” means a business in conjunction with a residential use which results in financial remuneration from a product or service and is conducted by at least one (1) resident occupying the dwelling on the subject property.4.    Home Business Activity Area. “Home business activity area” (hereafter “activity area”) means a defined outside area used in conjunction with a home business that includes all outside activities associated with the home business, including, but not limited to parking areas used for business vehicles and equipment, areas used for loading and unloading, worker or client parking areas, and areas used for outdoor storage.5.    Incidental Retail Sales. “Incidental retail sales” means retail sales that are ancillary and secondary to the home business, such as selling shampoo from a home hair salon.6.    Outdoor Storage. “Outdoor storage” means the outdoor holding of any materials or merchandise, whether covered or uncovered, used or associated with a home business.7.    Trailer. A “trailer” is a nonmotorized vehicle that is licensed for road use that is used exclusively, or in part, for the purpose of a home business. Trailers equipped by the manufacturer as combination tractor-trailers shall not be counted as a separate trailer, but shall be considered together with their tractor a part of a single vehicle.8.    Vehicle. For the purposes of this section, “vehicle” means any motorized vehicle licensed for road use that is used exclusively, or in part, for the purpose of a home business. A vehicle equipped by the manufacturer to serve as a combination tractor-trailer shall be counted as a single vehicle.D.    General Standards and Provisions.    The following standards and provisions shall apply to all home businesses in Clark County:1.    Home businesses shall be owned and operated by a resident owner or renter of the property who occupies the property as their principal residence.2.    A home business permit may cover more than one (1) business on a parcel as long as such businesses in combination do not exceed the applicable standards in this section.3.    The maximum use of a dwelling devoted to a home business shall not exceed twenty-five percent (25%) of the gross floor area of the dwelling or exceed one thousand (1,000) square feet, whichever is less. Gross floor area includes a basement and attached garage, but does not include an unfinished attic or a detached garage. Additional standards for accessory structures (including detached garages) are included in Sections 40.260.100(E), (F) and (G).4.    One (1) sign related to the home business of two (2) square feet or less is allowed in the urban area or six (6) square feet or less in the rural area. A separate sign permit is not needed if included with the home business permit application.5.    Prohibited uses include on-site retail (other than incidental), adult entertainment enterprises as defined in Chapter 5.45, automotive recyclable materials facilities, and, in urban areas, new facilities for servicing motor vehicles.6.    Storage of heavy equipment and material is allowed outside only in activity areas.E.    Home Businesses – Exempt.1.    Home businesses that meet the standards in Section 40.260.100(D) and the following standards are exempt from review by the county:a.    In urban areas:(1)    No use of accessory structures for the home business;(2)    Maximum of two (2) employees who come to the home business location, with one (1) parking space on-site for each nonresident employee;(3)    No customers that come to the home business location;(4)    No outside storage;(5)    No heavy equipment; no more than one (1) home business-related vehicle;(6)    No on-site retail sales.b.    In rural areas:(1)    Use of up to four hundred (400) square feet of an accessory structure;(2)    Maximum of two (2) employees who come to the home business location, with one (1) parking space on-site for each nonresident employee;(3)    No customers that come to the home business location;(4)    No outside storage;(5)    No heavy equipment; no more than one (1) home business-related vehicle;(6)    No on-site retail sales.2.    There is no minimum lot size for exempt home businesses.3.    Two (2) or more exempt home businesses on the same parcel shall require a Type I or Type II permit if the combined features of each business exceed the exempt standards.F.    Home Businesses – Minor.1.    Home businesses that meet the standards in Section 40.260.100(D) and the following standards shall qualify as minor home businesses:a.    In urban areas:(1)    Use of up to four hundred (400) square feet of an accessory structure;(2)    Maximum of two (2) nonresident employees who come to the home business location, with one (1) additional parking space on-site for each nonresident employee;(3)    Customers: up to six (6) on-site customers per day;(4)    No outside storage;(5)    No heavy equipment; no more than one (1) home business-related vehicle;(6)    Hours of operation: 7:00 a.m. to 8:00 p.m. for on-site businesses;(7)    Incidental on-site retail sales only.b.    In rural areas:(1)    Use of up to one thousand (1,000) square feet of an accessory structure;(2)    Maximum of three (3) nonresident employees who come to the home business location, with one (1) additional parking space on-site for each nonresident employee;(3)    Customers: up to six (6) on-site customers per day;(4)    No outside storage;(5)    Vehicles/heavy equipment: no more than two (2) home business-related vehicles and two (2) pieces of heavy equipment;(6)    Hours of operation: 7:00 a.m. to 8:00 p.m. for on-site businesses;(7)    Incidental on-site retail sales only.2.    Minor home businesses qualifying under this subsection shall be reviewed using a Type I process as specified in Section 40.510.010, except as specified in Section 40.260.100(F)(3). Should an operator of a minor home business expand operations in a manner that exceeds any of the performance standards in Section 40.260.100(F)(1), the operator shall obtain a major home business permit.3.    Minor home businesses on a private road shall be reviewed using a Type II process to ensure that safety and maintenance impacts are adequately mitigated, unless evidence of mitigation of home business impacts on the private road through a neighbors agreement is provided at the time of application. For purposes of the agreement, ‘neighbors’ shall include all who are entitled to use the private road. Impacts to be addressed shall include, but are not limited to: dust, noise, trip generation, and road maintenance.4.    There is no minimum lot size for minor home businesses.5.    All structures used in home businesses shall be legally permitted at the time of receipt of a home business permit.G.    Home Businesses – Major.1.    Home businesses that meet the standards in Section 40.260.100(D) and the following standards shall qualify as major home businesses:a.    In urban areas:(1)    Use of up to nine hundred (900) square feet of an accessory structure;(2)    Maximum of three (3) nonresident employees, with one (1) additional parking space on-site for each nonresident employee;(3)    Customers: up to twelve (12) on-site customers per day;(4)    No outside storage;(5)    No heavy equipment; no more than three (3) business-related vehicles;(6)    Hours of operation: 7:00 a.m. to 8:00 p.m. for on-site businesses;(7)    Incidental on-site retail sales only;(8)    Minimum lot size: ten thousand (10,000) square feet.b.    In rural areas:(1)    Accessory structures: see Table 40.260.100-1;(2)    Employees: see Table 40.260.100-1, with one (1) additional parking space for each nonresident employee;(3)    Customers: see Table 40.260.100-1;(4)    Activity area, including outside storage: see Table 40.260.100-1;(5)    Vehicles/heavy equipment: see Table 40.260.100-1;(6)    Activity area: All outside activity must be located in a defined activity area that is visually screened from adjacent residences either by existing vegetation, terrain, or sight obscuring landscape/screening methods to at least an L3 standard as established in Section 40.320.010, and that is set back a minimum of fifty (50) feet from any property line. Except where terrain provides a sight-obscuring barrier, landscaping and screening shall be located on the subject property. Required landscaping and screening shall be the responsibility of the resident business owner;(7)    Hours of operation: 7:00 a.m. to 8:00 p.m. for on-site businesses;(8)    Incidental retail sales only;(9)    Minimum lot size: two and one-half (2.5) acres, including right-of-way to the extent permitted by Section 40.200.040(C) and/or de minimus standards set forth in Section 40.520.010(G). Calculations to determine eligible activity areas per Table 40.260.100-1 shall be determined based on lot sizes excluding public rights-of-way for perimeter streets.2.    Subject to Section 40.520.020, major home businesses qualifying under this subsection shall be reviewed using a Type II process as specified in Section 40.510.020, demonstrating that the proposal complies with all development and performance criteria in this section.3.    Applications for major home businesses on a private road shall include evidence that safety and maintenance impacts are adequately mitigated. Impacts to be addressed shall include, but are not limited to: dust, noise, trip generation, and road safety and maintenance.4.    New rural home businesses that include facilities for servicing motor vehicles are considered major, and shall meet the following standards:a.    An activity area of no more than two (2) percent of the parcel and landscaped and screened to an L3 standard (see Section 40.320.010);b.    A maximum accessory structure size of one thousand five hundred (1,500) square feet; andc.    Compliance with all building, fire, and environmental code regulations.5.    All structures used in home businesses shall be legally permitted at the time of receipt of a home business permit.(Amended: Ord. 2006-11-15; Ord. 2008-06-02; Ord. 2012-06-02)H.    Performance Standards.1.    Home-based businesses shall comply with all state and county regulations governing nuisance effects, including Chapter 9.24, Nuisances, and with the following standards:a.    Noise. Home businesses shall comply with state maximum environmental noise levels as defined in Chapter 173-60 WAC.b.    Odors, Lighting, Glare, Dust, Smoke and Vibration. Home businesses shall not cause external effects such as offensive odors, increased lighting or glare, dust, smoke, or vibration detectable to normal sensory perception at the property line.c.    Electromagnetic Radiation and Line Fluctuation. Any business activities or use of equipment that creates visible or audible interference in radio or television receivers or fluctuations in line voltage at or beyond the property line is prohibited.2.    Any use of hazardous material or disposal of hazardous waste by home-based businesses shall comply with all applicable federal, state and local regulations. Home businesses shall not discharge any liquids or gases in violation of any federal, state or county regulations, including such discharges into private septic systems.3.    A home business permit shall be revoked pursuant to Chapter 32.12 should either of the following occur:a.    An applicant/operator relocates his or her residence.b.    The county finds that a home business has failed to comply with the general provisions and standards of this section or with the performance standards required by the permit.Footnotes:1 Parcels in contiguous ownership may not be added together for purposes of determining parcel size.2 ‘Accessory structure’ is defined in Section 40.100.070, and does not include an attached garage.3 Includes contract employees and full-time employee equivalents.4 As defined in Section 40.260.100(C)(4). Activity areas are to be calculated on the basis of lot sizes excluding public rights-of-way for perimeter streets.5 Must be kept within the landscaped/screened activity area.(Amended: Ord. 2004-06-10; Ord. 2006-11-15; Ord. 2007-11-13; Ord. 2008-06-02; Ord. 2012-07-03)

A.    Purpose. The purposes of the temporary worker housing provisions are:1.    To ensure adequate availability of housing for temporary farm workers and their families that is safe, decent, and affordable;2.    To protect the character of the county’s rural and resource lands; and3.    To prevent the inappropriate conversion of rural lands to higher density residential uses.B.    Applicability.1.    This section applies to the construction and operation of housing that is provided by an agricultural employer for agricultural employees and the employees’ family members. 2.    Temporary worker housing shall be considered accessory to the primary use of the property for agriculture or forestry, and may be allowed in addition to other permanent dwellings on a parcel.3.    Where allowed, housing for temporary workers shall comply with the standards, requirements, and limitations in Section 40.260.105(C). C.    Development and Operational Standards.1.    Prior to the construction or placement of any temporary worker housing facility, the operator shall obtain approval of a building permit from:a.    Clark County Community Development; orb.    The Washington State Department of Health and/or the Department of Labor and Industries.2.    Temporary worker dwellings and structures shall be located in accordance with the setbacks of the underlying zoning district, and shall not be considered agricultural structures for setback purposes.3.    Temporary worker housing shall not be subject to site plan review.4.    Operators with five (5) or more dwelling units or with ten (10) or more occupants shall be licensed in accordance with Chapter 246-358 WAC.5.    Temporary worker housing shall comply with sanitary and health requirements of the State Department of Health and Clark County Public Health.6.    The operator shall be responsible to implement a plan for collection and proper disposal of household waste and recyclables.7.    Temporary worker housing shall be used exclusively for workers and family members of workers employed in the agricultural operations on the subject property or within the ownership of the agricultural operator.8.    Temporary worker housing shall not be rented, leased or sold to the general public.9.    Temporary worker housing units shall be removed from the site or demolished once they are no longer used on a seasonal annual basis for the purpose of housing temporary laborers. A covenant to this effect, acceptable to the Clark County Prosecuting Attorney, shall be recorded prior to occupancy of newly approved dwellings.(Added: Ord. 2011-12-09)

A.    Applicability. This section applies to private and commercial kennel facilities as defined in Section 40.100.070. Animal boarding facilities and animal day use facilities are regulated under Section 40.260.040.B.    General Standards and Provisions.1.    Private and Commercial Kennels in the Rural Area. The following standards and provisions shall apply to both private kennels and commercial kennels in the rural area:a.    In the rural area, structures housing dogs shall be set back a minimum of fifty (50) feet to all property lines.(1)    If the structure is sufficiently enclosed at all times to mitigate noise impacts to abutting properties, no landscaping buffer is required outside the structure.(2)    If the structure is not sufficiently enclosed at all times to mitigate noise impacts to abutting properties, an L3 landscaped buffer is required between the structure and abutting properties; provided, that if the structure is over one hundred twenty-five (125) feet to any property line, no landscaped buffer is required.b.    Outdoor runs and outdoor exercise areas shall be screened from abutting properties as follows:(1)    Runs and exercise areas less than fifty (50) feet to any property line shall provide a ten (10) foot wide L4 landscaped buffer between the run or exercise area and the property line.(2)    Runs and exercise areas between fifty (50) feet and one hundred twenty-five (125) feet to any property line shall provide an L3 landscaped buffer between the run or exercise area and the property line.(3)    Landscaping may be placed immediately outside the run or exercise area, or may be placed along the perimeter of the site, provided all portions of the run or exercise area are screened from view of abutting properties.c.    The responsible official may reduce or waive the need for the setbacks and/or screening requirements in Section 40.260.110(B)(1)(a) and/or Section 40.260.110(B)(1)(b) when circumstances such as topography, existing dense vegetation that is likely to remain, or distance from neighbors clearly makes such mitigation unnecessary.d.    Dogs shall be kept in an enclosed structure between the hours of 10:00 p.m. and 7:00 a.m.e.    Noise is subject to the maximum allowable environmental levels in WAC 173-60-040, as shown in Table 40.260.110-1.(1)    Between the hours of 10:00 p.m. and 7:00 a.m., noise limits shall be reduced by ten (10) dBA for receiving property within Class A EDNAs. (2)    At any hour of the day or night the applicable noise limitations may be exceeded for any receiving property by no more than:(a)    Five (5) dBA for a total of fifteen (15) minutes in any one (1) hour period; or(b)    Ten (10) dBA for a total of five (5) minutes in any one (1) hour period; or(c)    Fifteen (15) dBA for a total of one and one-half (1.5) minutes in any one (1) hour period.f.    Kennels shall not cause external effects such as increased lighting or glare on nearby properties, or odors that are readily detectable at any point beyond the property line of the facility.g.    All kennels shall comply with the requirements in Titles 8 (Animals), 14 (Buildings and Structures), 15 (Fire Prevention) and 24 (Public Health).2.    Commercial Kennels in the Rural Area. In addition to the requirements in Section 40.260.110(B)(1), the following additional requirements apply to commercial kennels in the rural area:a.    Process. Subject to Section 40.520.020, commercial kennels shall be reviewed using a Type II process as specified in Section 40.510.020, demonstrating that the proposal complies with all development and performance criteria in this section.b.    Minimum lot size is five (5) acres, including right-of-way to the extent permitted by Section 40.200.040(C) and/or de minimus standards set forth in Section 40.520.010(G). Parcels that are less than five (5) acres may be combined if abutting and under the same ownership to meet the five (5) acre minimum requirement. Commercial kennels that have been in operation since April 15, 2011, may be approved on less than five (5) acres providing that a fully complete application is submitted by August 15, 2013. If setback requirements cannot be met, the responsible official may impose additional conditions to mitigate impacts.c.    In addition to describing the scope of the kennel operation, the narrative shall specifically address how the proposal will meet noise standards, the provision of adequate parking, and shall include a plan for dog waste disposal and runoff.d.    Parking shall meet the requirements in Section 40.340.010, except that parking areas need not be paved as required in Section 40.340.010(A)(8).e.    One (1) sign of sixteen (16) square feet or less is allowed. A separate sign permit is not needed if included with the kennel application.f.    Applications for kennels on a private road shall include evidence that safety and maintenance impacts are adequately mitigated. Impacts to be addressed shall include, but are not limited to: dust, noise, trip generation, and road safety and maintenance. Evidence of mitigation of impacts on the private road may be through a neighbors agreement provided at the time of application. For purposes of the agreement, “neighbors” shall include all who are entitled to use the private road.g.    Applications for commercial kennels shall include all items in Table 40.510.050-1, lines 1 through 9.a and, in addition, a scaled site plan showing the name and width of any road frontage, dimensioned property lines, the location of buildings, dog runs, outdoor exercise areas, driveways, parking areas, landscaping, distances to the closest off-site residences and environmental features including watercourses, wetlands, and geohazard areas. Additional information may be required on a site-specific basis to determine whether the application meets or can meet the code requirements.h.    For commercial kennels on noncommercial properties, the owner/operator of the kennel shall reside on the property on which the kennel is operated.3.    Commercial Kennels in the Urban Area. The following standards and provisions shall apply to commercial kennels in the CC, GC, IL, IH and BP zoning districts:a.    Setbacks for structures and allowed outdoor runs and exercise areas for commercial kennels requiring a conditional use permit are determined by the conditional use criteria in Section 40.520.030(G)(2). Setbacks for indoor commercial kennel facilities not subject to conditional use requirements are determined by the applicable landscaping buffers in Section 40.320.010.b.    Outdoor dog runs and exercise areas are prohibited within one hundred twenty-five (125) feet of residential zoning districts.c.    Noise is subject to the maximum allowable environmental levels in WAC 173-60-040. See Table 40.260.110-1.d.    Kennels shall not cause external effects such as increased lighting or glare on nearby properties, or odors that are readily detectable at any point beyond the property line of the facility.e.    Site plan review subject to Section 40.520.040 is required.f.    In addition to describing the scope of the kennel operation, the narrative shall specifically address how the proposal will meet noise standards, the provision of adequate parking, and shall include a plan for dog waste disposal and runoff.g.    Dogs shall be kept in an enclosed structure between the hours of 10:00 p.m. and 7:00 a.m.(Added: Ord. 2012-02-03; Amended: Ord. 2012-12-14; Ord. 2013-11-14)

A.    Purpose.    The purpose of this section is to implement Chapter 69.50 RCW, the Washington Uniform Controlled Substances Act, and Chapter 314-55 WAC, which address the producing, processing, and retailing of marijuana. This section addresses the facilities for such uses by establishing criteria to adequately separate such facilities from schools, community centers, parks, licensed daycare facilities, and other such facilities, and to establish minimum performance standards to address public health and safety impacts from such facilities.(Amended: Ord. 2017-07-04; Ord. 2019-07-01; Ord. 2020-03-01; Ord. 2020-10-11)B.    Applicability.1.    This section shall apply to all unincorporated areas of the county.2.    The location restrictions and special standards in this section apply to any facility that:a.    Is a producer of marijuana as defined in WAC 314-55-075;b.    Is a processor of marijuana as defined in WAC 314-55-077; orc.    Is a retailer of marijuana as defined in WAC 314-55-079.3.    This section does not pertain in any respect to medical marijuana cooperatives as defined in WAC 314-55-410.(Amended: Ord. 2017-07-04; Ord. 2019-07-01; Ord. 2020-03-01; Ord. 2020-10-11)C.    Definitions. For purposes of this section, the following definitions shall apply:(Amended: Ord. 2017-07-04; Ord. 2019-07-01; Ord. 2020-03-01; Ord. 2020-10-11)D.    Location Standards.1.    Subject to Section 40.260.115(D)(1)(d), marijuana facilities as defined in Section 40.260.115(C) may be sited as follows:a.    Marijuana production facilities may be allowed on legal parcels of at least five (5) acres in size zoned AG-20 and FR-40, and on legal conforming parcels zoned IL and IH.b.    Marijuana processing facilities may be allowed on legal parcels as follows:(1)    Processor I facilities, on legal conforming parcels zoned IL, IH, and BP;(2)    Processor I facilities, on parcels of at least five (5) acres in size zoned AG-20 and FR-40, but only as accessory to licensed production facilities; and(3)    Processor II facilities, on parcels zoned IH, IL, and BP.c.    Marijuana retailing facilities may be allowed on legal conforming parcels zoned GC and CC.d.    No production or processing facilities are allowed within one thousand (1,000) feet of the perimeter of the grounds of the following entities. The distance shall be measured as the shortest straight line distance from the property line of the proposed building/business location to the property line of the entities listed below pursuant to WAC 314-55-050:(1)    Elementary or secondary school;(2)    Public playground;(3)    Recreation center or facility, including the Clark County Events Center;(4)    Child care center;(5)    Public park;(6)    Public transit center;(7)    Library;(8)    Any game arcade where admission is not restricted to persons aged twenty-one (21) or older;(9)    Churches and religious facilities; or(10)    Substance use disorder treatment facilities.e.    Except as limited by WAC 314-55-050(11)(a), no retail facilities are allowed within five hundred (500) feet of the perimeter of the grounds of the following entities. The distance shall be measured as the shortest straight line distance from the property line of the proposed building/business location to the property line of the entities listed below pursuant to WAC 314-55-050:(1)    Recreation center or facility, including the Clark County Events Center;(2)    Child care center;(3)    Public park;(4)    Public transit center;(5)    Library;(6)    Any game arcade where admission is not restricted to persons aged twenty-one (21) or older; (7)    Churches and religious facilities; or(8)    Substance use disorder treatment facilities.2.    Where allowed, production and processing facilities may co-locate on the same parcel, if they otherwise meet the requirements of Chapter 314-55 WAC and this section.(Amended: Ord. 2016-06-12; Ord. 2017-07-04; Ord. 2019-07-01; Ord. 2020-03-01; Ord. 2020-10-11)E.    Development Standards.1.    The requirements of Chapter 314-55 WAC are considered minimum standards for the purposes of this section.2.    Any facilities as described in Section 40.260.115(B)(2) shall be located entirely within an enclosed and secure structure with an engineered foundation, and shall be constructed in compliance with Titles 14 (Buildings and Structures), 15 (Fire Prevention), and 24 (Public Health).3.    Marijuana plants, products, and paraphernalia shall not be visible from outside the building in which the marijuana business is located.4.    Cannabis plants shall not be visible from the public right-of-way or any public place.5.    Signs.a.    In accordance with RCW 69.50.369, licensed marijuana retailers shall not display any signage in a window, on a door, or on the outside of the premises of a retail outlet that is visible to the general public from a public right-of-way, other than two (2) signs no larger than one thousand six hundred (1,600) square inches each identifying the retail outlet by the licensee’s business or trade name.b.    No signs for production and processing facilities are allowed.c.    Signs shall be subject to applicable sections in Chapter 40.310 and Appendix F, Section 8.4.6.    Hours of operation for retailing facilities shall be between 8:00 a.m. and 11:00 p.m.7.    Measures shall be implemented to prevent adverse health and safety effects to nearby residents from odors, noise, noxious gases, light, smoke and security.a.    Odors. Facilities shall not create odors or smoke that is objectionable to residents or employees of adjacent properties.b.    Lighting. All lights used for security shall be shielded or positioned to prevent glare impacts to nearby properties.c.    Noise. Maximum noise levels of WAC 173-60-040 shall not be exceeded.d.    Security. Security measures shall include, at a minimum, the requirements of WAC 314-55-083 and Title 14.e.    Waste Disposal. Waste materials generated from any facility must be disposed of in accordance with the plan filed as part of the license application.(Amended: Ord. 2019-07-01; Ord. 2020-03-01; Ord. 2020-10-11)F.    Approval Process.    Applications for production, processing, and retailing facilities shall be considered using a Type II process pursuant to Section 40.510.020.(Amended: Ord. 2019-07-01; Ord. 2020-10-11)G.    Enforcement.    Violations of this chapter shall be subject to enforcement action as contained in Title 32, Enforcement.(Amended: Ord. 2014-05-07; Ord. 2019-07-01; Ord. 2020-10-11)

A.    Use.    A manufactured home park may be placed or located on any parcel of land in any multifamily (R-12, R-18, R-22, R-30, R-43, OR-15, OR-18, OR-22, OR-30 and OR-43) district upon approval of the responsible official, and provided such manufactured home park is for residential use only. A recreational vehicle (camper, camp trailer, recreational coach, park models, and similar uses) may be placed in a manufactured home park provided the unit has an applicable Washington State Department of Labor and Industries (L&I) tag for the use. Normal accessories for manufactured homes, such as awnings, patios, carports, ramadas, cabanas, or storage buildings, shall be allowed.(Amended: Ord. 2018-10-02)B.    Criteria for Locating a Manufactured Home Park.    The following criteria must be taken into consideration in the establishment of manufactured home parks:1.    Adequate buffering or screening may be required in order to make the manufactured home park compatible with adjacent surrounding residential uses. Buffering and screening shall be required when such parks abut commercial and industrial zones.2.    Manufactured home parks should not be located within areas less than five (5) acres nor more than fifty (50) acres in area, unless it is demonstrated to the responsible official that lesser or greater concentration of the use would be compatible with the surrounding property and its use, and that such variation is in the interest of the public health, safety and general welfare.3.    The park must have its primary direct access to a county or public road, which shall have a minimum right-of-way of sixty (60) feet, as shown on the master plan.(Amended: Ord. 2018-10-02)C.    Manufactured Home Space Requirements.1.    Coverage. A manufactured home and all accessory structures shall not occupy more than fifty percent (50%) of the area of the manufactured home space.2.    Density. Manufactured homes shall not exceed the density of the zoning district. Density shall be calculated on the gross area of the park.3.    Setbacks. No manufactured home or accessory thereto shall be located any closer than twenty-five (25) feet from a park property line abutting on a public street or road, five (5) feet from all other park property lines and five (5) feet from any such areas as a park street, a common parking area, or a common walkway.4.    Spacing. A manufactured home shall be separated from an adjacent manufactured home by a minimum of ten (10) feet.5.    Overnight Spaces. Not more than five percent (5%) of the total manufactured home park area may be used to accommodate persons wishing to park their manufactured home or camping vehicles overnight.6.    Parking. Two (2) off-street parking spaces shall be provided for each manufactured home space, either on the space or within one hundred (100) feet thereof, in the manufactured home park. Each parking space shall not be less than nine (9) by twenty (20) feet in size.(Amended: Ord. 2018-10-02)D.    Manufactured Home Park Requirements.1.    Park Streets and Walkways.a.    Park Streets. A park street shall connect each manufactured home space to a public road. The park street shall be a minimum of thirty (30) feet in width, with a paved surface width of at least twenty-four (24) feet.b.    Walkways. Walkways of not less than forty-four (44) inches in width shall be provided from each manufactured home space to any service building, recreation area, and parking area.c.    Paving. Park streets shall be paved with crushed rock base asphalt or concrete surfacing.2.    Buffering or Screening. Buffering or screening, if required to make the manufactured home park compatible with its adjacent surrounding uses, shall be a sight-obscuring fence, wall, evergreen, or other suitable planting. Where walls or fences are required along boundaries or public roads, the walls or fences shall be set back from the property lines to conform with setbacks for structures in the basic zone. Evergreen planting shall not be less than five (5) feet in height, and shall be maintained in a healthy living condition for the life of the manufactured home park. All walls and fences shall be a minimum of five (5) feet in height and shall be approved by the responsible official.3.    Landscaping. There shall be landscaping provided within the front and side setback areas and all open areas in the manufactured home park not otherwise used.4.    Signs. Signs shall comply with the provisions of Chapter 40.310, specifically Section 40.310.010(I).5.    Recreational Area. A recreational area shall be a contiguous, improved area, and be suitably maintained for recreational purposes. Such land shall be determined on a gross area basis. The amount of land to be established as recreational shall be determined by dividing the number of dwelling units into the gross development area. The following minimum areas shall be required:6.    Accessories. Structures located on a manufactured home space, in addition to the manufactured home, shall be limited to the normal accessories, as set forth under Section 40.260.140(A). No other structural additions shall be built onto or become part of any manufactured home, and no manufactured home shall support any building in any manner.7.    Manufactured Home Pads. Pads, stands, strips or rails adequate for the support of the manufactured home shall be installed.8.    Manufactured Home Skirting. All manufactured homes within the manufactured home park shall be skirted on their lower perimeter by fire-resistant siding, if occupied for a period of more than ninety (90) days.(Amended: Ord. 2009-03-02; Ord. 2018-10-02)E.    Manufactured Home Park Approval Criteria – Responsible Official Approval.    Manufactured home parks may be permitted in any multifamily district upon site plan approval by the responsible official. The responsible official shall find that the internal design proposed shall separate traffic pattern from outdoor living or recreational areas, and will group the service facilities (such as the laundry and service buildings). Further, such approval shall be in the best interest of the public health, safety and general welfare. No manufactured home park shall be constructed without first obtaining site plan approval from the responsible official.(Amended: Ord. 2018-10-02)F.    Manufactured Home Park Site Plan Submittal Requirements. In addition to the submittal requirements for site plan review, an application for a new manufactured home park shall include a plot plan of the proposed park.(Amended: Ord. 2018-10-02)

A.    Applicability.    This section applies to multifamily developments containing twelve (12) or more residential units.(Amended: Ord. 2024-03-01)B.    Private Residential Outdoor Areas.1.    Each ground-level residential living unit shall have an outdoor private area (patio, terrace porch, yard) containing at least forty-eight (48) square feet and a width of at least four (4) feet. A balcony used for an entrance or exit shall be considered an open space only if it is for the exclusive use of the dwelling unit in question and it contains at least forty-eight (48) square feet and a width of at least four (4) feet.2.    Private outdoor areas for multifamily residential units shall be screened from view from other residential units, abutting land uses, and public or private streets to the extent practicable using the orientation and location of structures, windows, and private outdoor spaces, landscaping and screening, natural features such as topography and open space, and built features such as windowless walls; provided, an applicant is not required to reduce the otherwise permitted density of a proposed development or to increase the cost of a proposed development by more than five percent (5%) per unit to comply with these standards.(Amended: Ord. 2024-03-01)C.    Shared Recreation Areas for Multifamily Residential Uses.1.    Usable recreation space shall be provided in residential development for the shared or common use of all residents in the following amounts:a.    Studio size up to and including two-bedroom units, two hundred (200) square feet per unit; andb.    Three (3) or more bedroom units, three hundred (300) square feet per unit.2.    The required recreation space may be all outdoor space or part outdoor space and part indoor space and all public or common space or part public and part common space; provided all public and common outdoor recreation spaces shall be readily observable from residential units and/or public or private streets to allow for surveillance that contributes to greater public safety.3.    The boundaries of public areas, such as streets or public gathering places, semipublic areas, such as transition areas between streets and dwelling units, and private outdoor areas shall be clearly defined so that a person can readily determine where the public space ends and the private space begins, such as by using one (1) or more of the following:a.    A deck, patio, low wall, fence or other suitable structures;b.    Landscaping, such as a hedge or draping vine on a trellis or arbor;c.    A change in the texture of the path material;d.    Signs; ore.    Substantial natural features, such as a drainageway or tree grove.(Amended: Ord. 2024-03-01)

A.    Purpose.     The purpose of this section is to guide development and alleviate conflicts that can arise from the platting of residential lots of less than forty (40) feet in width. These standards are intended to:1.    Eliminate conflicts between the design and location of driveways with public and private utilities, on-street parking and other common features such as street trees, street lights and signs, fire hydrants, common mailboxes, etc.;2.    Provide for adequate guest parking;3.    Ensure adequate access for solid waste and recycling collection vehicles;4.    Minimize the dominance of garages on narrow lots; and5.    Provide incentives for lots which utilize alleys for access.(Amended: Ord. 2018-01-09; Ord. 2020-03-01; Ord. 2024-03-02)B.    Applicability.1.    This section shall apply to newly platted residential land divisions having lots less than forty (40) feet wide as measured at the front building setback line, with the following exception:a.    Land divisions with fewer than twenty-five percent (25%) of the lots being less than forty (40) feet wide need not be subject to this section, provided the following:(1)    All required sidewalks along street frontage in the development shall be detached; and(2)    No corner lot shall be less than forty (40) feet wide.2.    The standards of this section apply only to those lots in the land division that are less than forty (40) feet in width. (Amended: Ord. 2018-01-09; Ord. 2020-03-01; Ord. 2024-03-02)C.    Narrow Lot Development Standards.1.    A site plan is required that demonstrates that utilities, driveways, street trees, and other features have been located and designed to minimize conflicts with one another. The site plan shall be submitted with the preliminary land division application and shall be incorporated into the final construction plan set. The site plan shall show, at a minimum, all of the following features:a.    Location and width of streets, sidewalks and landscape buffers, when applicable; b.    Location, species, and size of required street trees, to include the mature height and crown width; c.    Parking spaces, as required by Section 40.260.155(C)(3);d.    Stormwater facilities, including roof infiltration systems, if proposed; e.    Location of other infrastructure including solid waste and recycling areas if required by Section 40.260.155(C)(5)(a), light poles (if proposed by applicant), fire hydrants, community mailboxes and existing overhead lines; f.    Location and width of driveways, if proposed, and not exempted by Section 40.260.155(C)(8);g.    Location and dimensions of ADA sidewalk ramps and landings for attached sidewalks at driveway crossings, and ADA sidewalk ramps and landings at street intersections, whether using attached or detached sidewalks;h.    Building envelopes which reflect the final setbacks for each lot; andi.    Intersection sight distance or applicable traffic control measures proposed at intersections and the impact on the developable area of corner lots. 2.    Corner Lots. The minimum lot dimensions in Tables 40.210.010-4, 40.220.020-4 and 40.220.020-5 shall not apply to corner lots.a.    Development on corner lots shall meet minimum sight distance requirements of Section 40.350.030(B)(8).b.    Corner lot driveways shall meet the requirements in Section 40.350.030(B)(4)(b)(1)(b).3.    Parking Standards. Both off-street parking and guest parking shall be provided in narrow lot developments.a.    Off-street parking for each lot shall be provided that meets the requirements of Table 40.340.010-4.b.    Guest parking shall be provided at a minimum ratio of one (1) guest parking space for every three (3) narrow lots in the development. Such spaces may be located on-street (on local access streets only) or in common off-street parking areas.c.    Common off-street parking areas shall meet the following:(1)    Parking and maneuvering areas shall meet the applicable requirements in Chapter 40.340 and screening requirements in Section 40.320.010(E).(2)    Such spaces may be designed to allow backing movements directly into local access streets other than collectors or arterials.(3)    Parking areas shall be owned and maintained by a homeowners’ association or a maintenance agreement shall be recorded with the plat.d.    On-street parking shall meet the following:(1)    Single on-street parallel parking spaces between driveways shall be at least seventeen (17) feet in length, measured from the top of the slope of the driveway wing. Two (2) or more consecutive on-street parallel parking spaces shall require two (2) additional feet between each space.(2)    Angled or head in parking “bulb outs” may be provided on local access streets provided:(a)    Such parking shall be within the street right-of-way or street tract; and(b)    Backing over sidewalks is prohibited.(3)    On-street parking to meet the guest parking requirements of this section shall not require creation of a neighborhood parking plan under Section 40.340.030.4.    Street Trees.a.    Unless the requirements of Chapter 40.320 require a higher level of landscaping, a minimum of one (1) tree shall be provided along the street frontage of each narrow lot; provided, that sight distance triangles are not obstructed. Trees that are appropriate to the size of the space may be provided either within the street frontage right-of-way or on the lot. Street trees located in the right-of-way shall comply with the Standard Details Manual requirements. In the event that no feasible location exists along a lot’s frontage due to required utilities or other features, the responsible official may approve grouping of trees or other landscaping options that provide variety to the streetscape. 5.    Solid Waste and Recycling Collection. a.    Where collection is not feasible on each lot, such as when lots are accessed by a shared driveway with no turnaround, a designated common collection point, located no further than one hundred fifty (150) feet from any lot it serves, shall be provided. Common collection points shall be shown on the site plan, and sized to provide at least two (2) feet of clearance space between individual garbage, yard debris, and recycling containers for each dwelling unit. b.    Designated collection points shall be located adjacent to alleys or streets, but shall not obstruct sidewalks, bike lanes, or vision clearance triangles. 6.    Alleys and Lots with Alley Access. a.    Alleys and alley access are optional. Where provided, alleys shall meet the minimum dimensional requirements of Figure 40.260.155-3. A minimum of twenty-four (24) feet of clear area (unobstructed by fences or other structures) with an unobstructed vertical clearance of not less than thirteen and one-half (13.5) feet shall be provided. Alleys with a paved width of less than twenty (20) feet shall be privately owned and maintained.b.    When garbage and recycling collection is proposed to be from an alley, the ability of collection vehicles to maneuver safely to all points of collection shall be demonstrated, based on a thirty-five (35) foot long by ten (10) foot wide vehicle. c.    All lots adjacent to an alley shall provide access to the garage or parking space from the alley, not from an adjacent street. d.    Residences with access from alleys shall be oriented to face the public or private street, not the alley.e.    Alleys serving narrow lots under this section shall connect with a public or private street at both ends, unless otherwise approved by the public works director. f.    Maintenance of private alleys shall be the responsibility of the homeowners association, or a maintenance agreement shall be recorded with the plat.7.    Shared Driveways. Shared driveways are optional. The following shared driveway provisions apply only to narrow lots qualifying under this section:a.    Shared driveways may be used to provide access to a maximum of four (4) lots.b.    Shared driveway approaches for two (2) abutting lots sharing one (1) curb cut shall meet the specifications in Figure 40.260.155-4 or 40.260.155-5. c.    Shared driveways which provide access to more than two (2) lots shall be at least twelve (12) feet wide, and shall be within an easement at least twenty (20) feet wide. 8.    Narrow Driveways. Narrow driveways are optional. Where provided for a narrow lot, narrow driveways shall meet the following requirements:a.    Narrow driveways shall be no wider than ten (10) feet measured at the driveway throat, unless the applicant demonstrates on the development plan that a wider driveway will not result in conflicts.b.    Where possible, narrow driveways on adjoining lots shall be grouped in close proximity to create space along the frontage for parking, trees, utilities, etc.c.    Narrow driveways are exempt from the minimum driveway width required in Section 40.350.030(B)(4)(b)(2).d.    Garages accessed from narrow driveways shall be either single car-width and located no closer to the street than the front wall (not porch) of the residence or, if wider than a single car garage, set back at least five (5) feet from the front wall (not porch) of the residence.9.    Driveway Requirements in Single-Family Detached Developments. In order to provide flexibility in site design, driveway locations for non-corner lots in single-family detached developments are not required on the site plan, provided:a.    Detached sidewalks that meet ADA requirements are provided; andb.    Guest parking requirements for the development are shown to be met by one (1) or more of the following methods:(1)    Designated on-street parking areas that will not be subject to future driveway placement; or(2)    Provision of common off-street parking areas.c.    Driveway locations shall be shown for all corner lots, regardless of the other provisions of this subsection.10.    Density Calculations. Additional lot area needed for sight distance triangles on corner lots and common parking areas may be deducted from the gross acreage when determining minimum density requirements. Additional lot area shall include the area of the sight distance triangle that is in excess of the setback requirements, along with any additional area in excess of the setback requirements that is required. Such calculations shall be shown on the site plan.(Amended: Ord. 2018-01-09; Ord. 2020-03-01; Ord. 2024-03-02)D.    Incentives for Providing Alleys.    Any narrow lot that is provided with alley access shall qualify for the following modifications to development standards:1.    Minimum lot area, dimensions and setbacks that differ from those required of the underlying zone may be approved; provided, that the applicant demonstrate the following as applicable:a.    Privacy between the proposed residential units and the street is not compromised. Alternate methods of providing privacy such as elevated first floors or raised landscape planters may be approved by the responsible official.b.    Alternate setbacks do not violate building or fire codes.c.    A minimum building separation of eight (8) feet is maintained. d.    Side and rear setbacks around the perimeter of the development site shall not be reduced.2.    The maximum lot coverage may be increased by ten percent (10%) over that allowed in the zoning district.3.    The area of an alley easement or tract may be included in the minimum required lot area and counted when calculating maximum lot coverage.(Amended: Ord. 2020-03-01; Ord. 2024-03-02)E.    Narrow Lot Special Street and Driveway Details.     The following narrow lot street, alley and driveway details provide options to the other standards in Section 40.350.030, and may be used only in association with narrow lots as defined in this section. Deviations from the street and alley standards and details in this section require approval of a road modification under Section 40.550.010. Deviations from the shared driveway details shown in Figure 40.260.155-4 or 40.260.155-5 require a variance under Section 40.550.020. Figure 40.260.155-1 Narrow Lot Street Figure 40.260.155-2 Narrow Lot Street Cross-SectionFigure 40.260.155-3 Narrow Lot Alley Cross-Section    Cross-slope details and concrete curb and pan shown are optional. Alternate cross-slope details may be approved; provided, the minimum pavement width and right-of-way is provided. Structural pavement sections shall meet the minimum requirements for an Urban Alley drawing in the Standard Details Manual.Figure 40.260.155-4 Narrow Lot Shared Driveway Detail with Attached SidewalkFigure 40.260.155-5 Narrow Lot Shared Driveway Detail with Detached Sidewalk(Added: Ord. 2011-03-09; Ord. 2020-03-01; Ord. 2024-03-02)

A.    Purpose.    Parks provide access to basic recreation opportunities for residents, enhance community identity, and preserve open space. These provisions are intended to:1.    Allow flexibility in the use and development of parks;2.    Recognize that demographics and program needs change over time, and that alterations to parks respond to those changes; and 3.    Maintain compatibility with surrounding properties.(Amended: Ord. 2018-01-09)B.    Applicability.    The provisions of this section apply to development of parks as defined in Section 40.100.070.(Amended: Ord. 2018-01-09)C.    Amenities.    Parks typically include, but are not limited to, the amenities shown in Table 40.260.157-1: •    “P” – Amenities allowed subject to approval of applicable permits.•    “X” – Uses specifically prohibited.(Amended: Ord. 2018-01-09)D.    Development Standards.1.    Parking Requirements. a.    For community and regional parks, the minimum number of on-site parking spaces shall be calculated by using peak rate of trips generated as established by a submitted traffic study. On-site parking shall meet the requirements of Section 40.340.010.b.    For neighborhood parks, parking spaces are not required, as they are intended to serve residents who can walk to the facility.2.    Accessibility requirements, as adopted by reference in Section 14.01.010, shall be reviewed and approved by the Chief Building Official and shall apply to all structures and facilities; accessible routes thereto, including parking, public ways, and public services; and their surrounding areas serving the structures and facilities within a neighborhood park. Areas outside of these, such as trails and secondary entrances, are not subject to approval under Section 14.01.010, but shall be in compliance with Washington State Building Code, 2004 ADA-ABA, or other applicable state and national standard and any subsequent revisions.3.    Transportation impact fees (TIF) for community and regional parks shall be calculated in accordance with Chapter 40.620.(Amended: Ord. 2018-01-09)E.    Review Process.1.    Parks are subject to the review requirements pursuant to Chapter 40.510 and the site plan review requirements pursuant to Section 40.520.040. Table 40.260.157-2 shows required levels of review.2.    Alteration to Approved Plan. Changes or additions to an approved parks plan may occur at any time without further site plan review, provided:a.    The alteration replaces or proposes addition of any amenity identified in Table 40.260.157-1 with another amenity in Section 1. The uses in Section 2 require a modified site plan and a Type I review to ensure compatibility with the surrounding neighborhood.b.    Any change or alteration does not expand onto an abutting property which was not considered in the original site plan review application.c.    There is no change in compliance with building, fire, health, life safety, accessibility, critical areas, or other development requirements of the code.d.    The changes do not trigger Minimum Requirement No. 1 pursuant to Chapter 40.386.(Amended: Ord. 2016-06-12; Ord. 2018-01-09)

A.    Nursery schools, preschools, kindergartens and commercial day care centers shall comply with the following criteria:1.    Minimum site size shall be ten thousand (10,000) square feet, except, when a preschool, kindergarten or commercial day care center is designed as a part of an integrated industrial, commercial or multifamily development, in which case the minimum lot size may be reduced by the review authority, provided all other applicable code requirements are met.2.    Provide and maintain outdoor play areas with a minimum area of one hundred (100) square feet per individual based upon total capacity.a.    The outdoor play area requirement shall not apply to strictly “drop-in facilities” where the individuals cared for are not on the premises for more than three (3) hours in a twenty-four (24) hour period; provided, that the requirements of the Washington Administrative Code are met.b.    Facilities with a capacity of forty (40) individuals or more, under the licensing authority of the state Department of Social and Health Services (DSHS), and with an approved “shifting schedule” for the use of outdoor play area by DSHS, may calculate the outdoor play area based on one hundred (100) square feet per individual using the outdoor area at any one (1) time; however, a minimum of four thousand (4,000) square feet of outdoor play area must be provided.c.    Facilities with a capacity of thirty-nine (39) or less, or which do not qualify with a “shifting” schedule as stated above, may count up to fifty (50) square feet of dedicated indoor play area per individual of capacity toward the outdoor play area requirements.3.    The play area shall be abutting the indoor facility.4.    A sight-obscuring fence of at least four (4) feet, but not more than six (6) feet in height, shall be provided around the outdoor play area.5.    Adequate off-street parking and loading space shall be provided pursuant to Chapter 40.340.(Amended: Ord. 2008-06-02)B.    Family day care facilities shall comply with the following criteria:1.    When located in a resource, rural or residential zone (R1-5, R1-6, R1-7.5, R1-10, R1-20, R-12, R-18, R-22, R-30, R-43, OR-15, OR-18, OR-22, OR-30, OR-43, R-5, R-10, R-20, FR-80, FR-40, AG-20, and AG-WL districts), no exterior structural or decorative alteration which will alter the residential character of a residence is permitted.2.    Adequate off-street parking and loading space shall be provided pursuant to Chapter 40.340.3.    Two (2) nonresident or non-family member employees are permitted if located within a resource, rural or residential zone.4.    Signage shall be limited to one (1) sign, not to exceed two (2) square feet in area, for identification purposes only.(Amended: Ord. 2016-06-12; Ord. 2017-07-04)

The purpose of this section is to establish regulations describing the siting criteria for opiate substitution treatment facilities.The Growth Management Act (RCW 36.70A.200) defines opiate substitution treatment facilities as essential public facilities and, as such, no local government regulations may preclude the siting of such facilities.A.    Opiate substitution treatment facilities, where permitted, shall be Type II uses per the requirements of Section 40.520.020, and shall be subject to the requirements contained in subsections B and C of this section.B.    No opiate substitution treatment facility shall be sited within one thousand (1,000) feet of the following:1.    Public and private schools and their associated grounds;2.    Public parks;3.    Public libraries;4.    Other opiate substitution treatment facilities.C.    The proposed project shall comply with all applicable provisions of this title, all other provisions of the county code, SEPA, and other federal, state, and local statutes, codes and ordinances.(Added: Ord. 2009-01-05)

All landing strips for aircraft or heliports shall be so designed and the runways and facilities so oriented that the incidence of aircraft passing directly over dwellings during their landing or taking off patterns is minimized. They shall be located so that traffic shall not constitute a nuisance to neighboring uses. The proponents shall show that adequate controls or measures will be taken to prevent offensive noise, vibrations, dust or bright lights.A.    Private landing strips and heliports may be permitted upon approval of a conditional use permit only in the R-5, R-10, R-20, AG-20, FR-40, IL and IH zoning districts.(Amended: Ord. 2012-12-14)B.    Heliports, helipads and helispots are permitted outright only in the FR-80 district.C.    Private use heliports may also be permitted upon approval of a conditional use permit in the CC, CL, GC and OR districts.(Amended: Ord. 2016-06-12; Ord. 2017-07-04)

A.    Purpose. Recreational vehicle (RV) parks are intended to provide for the accommodation of visitors who travel by recreational vehicle and reside in that vehicle for a period not to exceed one hundred eighty (180) days.B.    Permitted Uses. Recreational vehicle (to include motor homes and recreational trailers) and caretaker’s units. Storage of RVs on site is prohibited unless such use is allowed by the zoning district.C.    Development Standards.1.    Minimum size of an RV park is two (2) acres.2.    Landscaping.a.    Perimeter landscaping and buffers shall be those as required by Table 40.320.010-1 except that those portions of the perimeter of the site that abut residential land uses, regardless of zoning, shall be landscaped to an L-4 standard.b.    Interior landscaping shall be provided at the rate of one (1) tree per every two (2) RV spaces. Deciduous trees used for interior landscaping shall be fully branched, have a minimum caliper of one and one-half (1 1/2) inches, and a minimum height of eight (8) feet at the time of planting. Evergreen trees used for interior landscaping shall be fully branched and a minimum of six (6) feet high at the time of planting. Location of trees can be grouped, but each RV space shall be no further than fifty (50) feet from a tree. Trees shall be protected from damage by a curb stop or other approved method, and shall be maintained in accordance with Section 40.320.010(G)(6).3.    Interior Accessways and Circulation.a.    Access drives shall be paved to a width of not less than twenty-four (24) feet, and provided with sidewalks meeting ADA requirements on one (1) side.b.    One (1) way road systems may reduce the access drive width to not less than twenty (20) feet.c.    Minimum turning radii of access drives shall accommodate emergency vehicle access.d.    Emergency vehicle access shall be provided per Title 15.e.    Parked vehicles shall not encroach into the required access drive width.4.    Recreational Amenities. A minimum of ten (10) square feet of recreational space such as, but not limited to, pool areas, sports/play fields and game courts, shall be provided for each RV space, but in no case shall be less than one thousand five hundred (1,500) square feet. Interior recreational areas that provide amenities such as arcade or game tables may be counted as one hundred fifty percent (150%) of the required square footage.5.    Individual RV Spaces. Individual spaces shall be designed to:a.    Accommodate an RV and one (1) standard vehicle parking space.b.    Provide sufficient width such that the minimum recreational vehicle separation between spaces (including slide outs) shall be at least ten (10) feet; separation between passenger vehicles and recreational vehicles shall be a minimum of five (5) feet.c.    All unpaved areas shall be landscaped in accordance with Section 40.320.010.6.    Utilities.a.    All RV spaces shall be provided with electrical, potable water and sewer connections. All utilities shall be provided underground and shall be subject to purveyor’s requirements.b.    Drinking water connections shall require a minimum six (6) inch riser. Confirmation of the approved water system must be obtained from the public water purveyor or public health, and have backflow protection in conformance with state and purveyor requirements.c.    Confirmation of connection to an approved public sewer system or on-site sewage system must be obtained from the public sewer provider or public health.7.    Sanitary Facilities.a.    One (1) toilet, lavatory and shower for each sex for every fifty (50) recreational vehicle spaces or fraction thereof shall be provided within an enclosed building.b.    Toilet, lavatory and shower facilities shall be located not more than five hundred (500) feet from any recreational vehicle space.c.    Laundry Facilities. One (1) washing machine and dryer shall be provided for every fifty (50) recreational vehicle spaces or fraction thereof.d.    A minimum of one (1) sanitation station per each one hundred (100) RV spaces or fraction thereof shall be provided. Sanitation stations shall be located within the park in such a manner so as not to be obnoxious to the tenants of the park and shall be set back at least fifty (50) feet from all property lines and at least one hundred (100) feet from property lines that abut residential development.8.    Solid Waste. Solid waste collection areas shall be provided at the rate of at least one hundred (100) square feet for every thirty (30) spaces. Such areas shall be equally distributed throughout the site and meet the design requirements of Section 40.360.030.9.    Parking. Off-street parking shall be provided for vehicles as follows:a.    Each individual RV space shall provide one (1) standard vehicle parking space in addition to the RV space itself. Such spaces shall not encroach into the required minimum access drive width.b.    One (1) visitor parking space shall be provided for every ten (10) recreational vehicle spaces or fraction thereof in addition to parking spaces needed for office or caretaker’s units.c.    In addition to standard vehicle parking spaces for office uses and any caretaker’s unit required by Section 40.340.010, parking areas for RVs shall be provided near office or check-in structures, and shall not obstruct traffic circulation or emergency vehicle access.10.    All storage of supplies, maintenance, materials and equipment shall be provided within a storage area. Such storage areas shall be screened from adjoining properties by a minimum L3 landscape buffer.11.    Lighting shall be hooded and positioned away from abutting properties. Light standards shall be a maximum of eighteen (18) feet in height.12.    Americans with Disabilities Act Compliance. Office parking, individual RV spaces, and other site facilities such as restrooms and recreational areas shall be reviewed for compliance with current ADA guidelines.13.    A caretaker’s residence which meets applicable building codes shall be provided.D.    Performance Standards.1.    Length of Occupancy. The period of time that an RV may occupy the park must not exceed (180) consecutive days, or one hundred eighty (180) calendar days of a year.2.    Wheels or similar devices shall not be removed from recreational vehicles, nor shall any fixture other than awnings, etc., that is an integral part of the vehicle be added which will prevent the recreational vehicle from being moved.3.    Site Management.a.    An on-call maintenance manager that is able to respond to emergencies shall be available at all hours.b.    Management of the RV park shall be responsible to ensure compliance with the noise standards of Chapter 173-60 WAC.c.    Lighting generated from RV or camping spaces shall not cast glare on abutting properties.(Added: Ord. 2017-12-10)

A.    Residential building permits for individual residences, additions to existing residences, or “model” homes may be approved on the sites of preliminary land divisions prior to the recordation of the final plat under the following circumstances:1.    Only one (1) home is allowed per each existing lot of record within the boundaries of the preliminary land division.2.    Single-family attached dwelling units are not allowed under this subsection.3.    A survey and certificate stamped by the surveyor is required to verify that the placement of homes meets the platting and zoning requirements of the existing lot of record, either as originally configured or as modified under this title, as well as the approved preliminary plat.4.    Impact fees will be calculated at the current rate at the time of building permit application.(Amended: Ord. 2018-01-09)B.    Residential building permits for “model” homes may be issued on lots within recorded final plats prior to the construction of all required public improvements subject to the following conditions:1.    Performance bonds or financial guarantees required under Section 40.540.080(B) have been accepted and approved for those public improvements which have not been constructed.2.    Only one (1) home is allowed per each twenty (20) lots within the plat. Plats with fewer than twenty (20) lots do not qualify under this subsection.3.    Engineering services must authorize the issuance of the building permit to ensure that adequate provisions exist for necessary services and facilities.(Amended: Ord. 2018-01-09)C.     Residential building permits may be issued on lots within recorded final plats prior to the construction of all required public improvements subject to the following conditions:1.    Performance bonds or financial guarantees required under Section 40.540.080(B) have been accepted and approved for those public improvements which have not been constructed.2.    Public improvements are substantially completed.(Amended: Ord. 2007-06-05; Ord. 2009-07-01; Ord. 2011-08-08; Ord. 2018-01-09. Formerly 40.260.145)

Residential care facilities and homes, where permitted as a conditional use, shall be subject to the following:A.    Prior to approval, the review authority shall find that:1.    Construction or remodeling of structures necessary to accommodate the proposed use is compatible with the surrounding neighborhood. No sign indicating its use shall be permitted;2.    The use of the subject property as a residential care facility shall not result in a concentration of residential care facilities that would result in interference with the enjoyment of neighboring property, or the residential character of the neighborhood;3.    Residential care facilities or residential care homes housing justice offenders and/or residents subject to partial or full confinement shall not be located within three hundred (300) feet from existing schools or licensed commercial day care centers, as measured from property line to property line at the time of siting of the residential care facility or home;(Amended: Ord. 2008-06-02)B.    Upon approval, the review authority shall:1.    Require that the applicant obtain all necessary certificates and approval from state and federal agencies prior to the issuance of a certificate of occupancy;2.    Limit the transferability of the conditional use permit either by providing that any transfer of ownership or management will require a new conditional use permit, or by prescribing specific criteria for such transfer to be applied by the responsible official;3.    Limit service to a specific number and class or classes of individuals. Any increase in the specific number or any change in the specific class or classes of individuals shall require a new conditional use permit;4.    Restrict the number of vehicles permanently located at the facility or operated on a daily basis in connection with the facility;5.    Require additional review of any subsequent remodeling. The responsible official shall determine the need for review by the review authority;6.    Include such other conditions or terms as may be deemed appropriate and in the public interest to prevent interference with the use and enjoyment of public or private neighborhood property;7.    Review compliance with the conditional use permit conditions of approval through submittal for responsible official review, to be conducted at one (1) year intervals.(Amended: Ord. 2008-06-02)

A.    Purpose.    The purpose of this section is:1.    To provide opportunities for development of a variety of housing and residential types, in appropriate locations, to serve retirement age citizens, the fastest growing segment of the county’s population.2.    To help ensure that retirement age residents have the opportunity to remain socially integrated, maintain mobility, have access to outdoor recreation, and to provide other features that will allow these citizens to continue to interact with the general population.3.    To protect abutting and surrounding properties and neighborhoods by providing design and development standards that will mitigate potential off-site impacts of retirement housing developments.B.    Applicability.    The provisions of this section apply to adult family homes, assisted living facilities, and nursing homes, as defined in Section 40.100.070. These provisions do not apply to independent living retirement communities, except to the extent that a retirement community includes adult family homes, assisted living facilities, or nursing homes, required by the state of Washington to be licensed. Furthermore, these provisions are not intended to prevent an assisted living facility from including independent living units.C.    Adult family homes shall be allowed in all zones where single-family residences are permitted and in new or existing single-family or duplex dwellings, subject to building permit approval and inspection, and subject to the following:1.    Commercial signs on the site related to the adult family home business are prohibited; and2.    Off-street parking shall be provided on the site at a minimum of one (1) parking space per three (3) residents (including resident caretakers).(Amended: Ord. 2011-03-09)D.    Assisted living facilities shall be allowed in the multifamily residential, office residential, commercial, and mixed use zones, subject to site plan approval in accordance with Section 40.520.040, and subject to the following:1.    Off-street parking spaces shall be provided on site in accordance with Section 40.340.010.2.    Maximum building height shall be that of the underlying zone, except that the maximum height may be exceeded if the minimum setback of the higher portion of the building is increased at a one-to-one (1:1) ratio (excess height in feet: extra setback in feet).3.    Assisted living facilities may exceed the maximum density standard of the underlying zone by up to fifty percent (50%) of the standard; provided, that in cases where the zoning density standard is exceeded, the property owner shall record a covenant in a form to be approved by the Clark County Prosecuting Attorney, that exclusively limits the use of the structure(s) to an assisted living facility.4.    Assisted living facilities shall provide transportation services for residents unless a public transit stop is located within three hundred (300) feet from the facility’s primary entrance.5.    Service commercial uses, such as barber shops, beauty salons, spas, pharmacies, and commissaries, sized to serve the assisted living facility, shall be allowed as part of the development; provided, as follows:a.    The total floor area devoted to all service commercial uses shall not exceed ten percent (10%) of the gross floor area of the assisted living development.b.    The business customers shall be limited to the residents of the assisted living facility, except for incidental purchases by visitors of the facility. The business(es) shall not be open to the general public.c.    No commercial signs visible from off-site shall be allowed.d.    An assisted living facility within a mixed use development in the mixed use zone, or in a planned unit development, shall not be subject to the limitations in Section 40.260.190(D)(5)(a) through (c), but shall be subject to the applicable regulations of the mixed use zone or a planned unit development.E.    Nursing homes, where allowed as a conditional use, shall be subject to the following:1.    Off-street parking spaces shall be provided on site in accordance with Section 40.340.010.2.    Maximum building height shall be that of the underlying zone; provided, that the maximum height may be exceeded if the minimum setback of the higher portion of the building is increased at a one-to-one (1:1) ratio (excess height in feet: extra setback in feet).(Amended: Ord. 2010-08-06)

A.    Purpose.    The purpose of this section is:1.    To provide methods of solid waste disposal which are calculated to make the most economical and efficient use of land where solid waste disposal either occurs or has occurred;2.    To provide for the protection and preservation of land uses which might be adversely impacted by solid waste handling and/or disposal;3.    To ensure that solid waste handling and/or disposal sites and/or facilities will not constitute nuisances to other land uses, especially residential neighborhoods;4.    To ensure that premises utilized for solid waste handling and/or disposal are appropriately and timely reclaimed.B.    Conditional Use Permit.1.    Solid waste handling and disposal sites, including but not limited to transfer stations, solid waste disposal sites, sanitary landfills, and construction and demolition debris disposal sites, shall be permitted land uses anywhere within the unincorporated areas of the county, and in all zones having been created, or to be created, by Council pursuant to Chapter 36.70 or 35.63 RCW, except that no solid waste disposal site or solid waste handling facility shall be maintained, established, substantially altered, expanded, or improved until the person operating such site has obtained a conditional use permit as provided in this section and Section 40.520.030.2.    The following solid waste activities shall be exempt from any permit requirements of this section:a.    Any person may dump or deposit solid waste resulting from that person’s own residential or agricultural activities onto or under the surface of premises owned or leased by that person when such residential or agricultural activity is accessory to a residential or agricultural use of the premises permitted under zoning laws.b.    Any person may fertilize grass, flower beds, flowers, gardens, landscaping, and any other vegetation of any kind, for commercial or residential purposes, if done accessory to, or in furtherance of a use permitted on the premises under zoning laws. This exemption shall include the disposal of sewage sludge only if a permit therefor has been obtained from the health officer.c.    Any composting activity accessory to another permitted use on the premises shall be a permitted use for which a permit is not required.d.    Solid waste activities for which a short-term permit has been issued by the health officer pursuant to Section 24.12.330; provided, that such activities are not located within residential zoning districts.e.    Solid waste recycling and reclamation activities not conducted on the same site as and accessory to a solid waste disposal operation; provided, that such recycling and reclamation activities shall be subject to the use regulation of this section.(Amended: Ord. 2019-05-07)C.    Public Notice.1.    Notice of hearing mailed pursuant to Section 40.510.030(E) shall be sent to owners of property within one thousand (1,000) feet of the proposed use.2.    The Solid Waste Advisory Commission shall be deemed a party of record for the purposes of Chapter 2.51 and Subtitle 40.5 of this code in proceedings to obtain the conditional use permit required by this section.D.    Nonconforming Uses.1.    Activities for which a conditional use permit would be required by this section and for which a solid waste permit was issued by the health officer prior to March 10, 1976, pursuant to Chapter 70.95 RCW, or any ordinance adopted thereunder, shall not be altered or enlarged in any manner except in accordance with the scope of approval given under such health district permit unless a conditional use permit is obtained for the alteration or enlargement.2.    Other activities for which a conditional use permit would be required by this section which were either permitted uses or legally recognized nonconforming uses prior to March 10, 1976, shall not be altered or enlarged in any manner unless a conditional use permit is obtained for the alteration or enlargement; provided, structural changes may be permitted to make structures safe for occupancy or use.3.    Activities for which a special use permit was obtained pursuant to the provisions of the former Chapter 18.70 of the Clark County Code shall be deemed to be operating under a conditional use permit and shall be subject to the transfer and enforcement provisions applicable thereto.4.    Upon application to the responsible official by the owner or occupier of a building or structure, lot, or land devoted to a nonconforming use, or by the owner or occupier of a nonconforming structure, the said owner or occupier shall be entitled to receive from said responsible official a certificate of occupancy or use permit evidencing the date of establishment or construction and the legality of such nonconforming use or structure, and describing the elements of its nonconformity.E.    Information Requirements.    In addition to the requirements of Section 40.510.050 of this title, application for a conditional use permit hereunder shall include the following information:1.    A statement and plan detailing the proposed reclamation of the site, particularly as reclamation will relate to the compatibility of the site as reclaimed with existing and anticipated land uses and zoning; and2.    Any geological or other studies which are deemed necessary to determine the appropriateness of the land for the use proposed.F.    Permit Criteria.    Whenever a use, or the location thereof, is permitted only if a conditional use permit is granted as provided by this section, the use and its location may be allowed subject to the following:1.    Before such approval shall be given, the review authority shall find:a.    That the use will not prevent the orderly and reasonable use and development of surrounding properties or of properties in adjacent zones.b.    That all public or private utilities necessary for the use are available, and that the roads serving the use are adequate to accommodate the type and extent of vehicular traffic.c.    That the reclamation plan submitted by the applicant for the proposed use and any expansion clearly demonstrates that the site as reclaimed may be utilized for uses permitted within the zoning district in which it is located.d.    That the proposed use and any expansion does not impair or impede the realization of the objective of the comprehensive plan, and it would not be detrimental to the public interest to grant such proposed use.2.    In making such findings, the review authority shall consider, among other things, the following criteria:a.    The character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any such conditional uses;b.    The conservation of property values and the encouragement of the most appropriate uses of land;c.    The effect that the location of the proposed use may have upon the creation of undue increase of vehicular traffic congestion on public streets or highways;d.    The availability of adequate and proper public or private facilities for the treatment, removal, or discharge of sewage, refuse, or other effluent (whether liquid, solid, gaseous, or otherwise) that may be caused or created by or as a result of the use;e.    Whether the use, or materials incidental thereto or produced thereby, may give off obnoxious gases, odors, smoke, or soot;f.    Whether the use will cause disturbing emission of electrical discharges, dust, light, vibration, or noise;g.    Whether the operations in pursuance of the use will cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if existing, or if proposed by the county or by other competent governmental agency;h.    To the necessity for suitably surfaced space for purposes of off-street parking of vehicles incidental to the use, and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or abutting the plot wherein the use shall be had;i.    Whether the plot area is sufficient, appropriate, and adequate for the use and the reasonably anticipated operation and expansion thereof;j.    Whether the use to be operated is unreasonably near to a church, school, theater, recreational area, or other place of public assembly;k.    Whether a hazard to life, limb, or property because of conditions created or which may be created by reason or as a result of the use, and what measures could be effectuated to eliminate or mitigate any such hazards;l.    What restrictions should or should not be imposed in order to secure the purposes of this section and to protect the public and surrounding property owners; andm.    The extent to which any of the criteria contained herein does not apply.G.    Ownership.    No permit shall be issued for a premises except with written consent of the owner or owners. Permission to engage in the use is granted to the permit applicant only or the permit applicant’s transferee. Permits shall be transferable unless the approval specifies otherwise: provided, that the transferee submits proof that the performance bond or other security required pursuant to Section 40.260.200(K) remains in effect. Transferees shall engage in the use authorized by the permit only to the extent authorized by this section and the permit itself.H.    Restrictions upon Operations.    Pursuant to Section 40.520.030(E), reasonable restrictions upon operations may be imposed which are calculated to secure the purposes of this section and the purposes of the comprehensive plan and this title. Such restrictions may relate to any activity anticipated from the use proposed. Examples would be: hours of operation, traffic volume, types of materials processed, volumes of materials handled, setbacks, etc.I.    Future Use of Premises.1.    The future use of the premises may be limited as a condition of the granting of the permit in order to ensure that those uses of the property to be effectuated at the conclusion of the conditional use will be consistent with the character of the land and surrounding existing and permitted land uses and zoning. After the conclusion of the conditional use, the property owner or occupier will be entitled to engage in any appropriate uses allowable in the zoning district in which the use was located.2.    A binding plan of future reclamation of the land shall be required.3.    A binding plan of future development of land may be required.4.    If because of the nature of the conditional use, the uses generally allowed in the zone or use district in which the property is located would no longer be suitable land uses at the conclusion of the conditional use, the consent of the owner and/or occupier to a change in zone to a zone or use district designation which would more nearly reflect the appropriate land uses which should be allowed at the conclusion of the conditional use, may be required as a condition of permit approval as a prerequisite which must be accomplished before the permit may be issued.J.    Permit Period – Renewals – Reviews.    Permit periods may vary. However, the review authority shall specify either a date upon which a permit expires, or the occurrence of an event upon which the permit expires. The permit period shall be of sufficient duration to ensure the completion of the use for which the permit is required. No permit shall be granted for a period of time in excess of twenty (20) years. Permit renewals shall be processed in the same manner as new applications.K.    Performance Bonds.    Performance bonds or other security acceptable to the review authority in an amount deemed satisfactory to cover the costs of ensuring compliance with the provisions of this title and the terms and conditions of any permit issued hereunder, including required reclamation shall be required as a condition of permit approval.L.    Conditions.    Any conditions may be imposed upon the granting of a special use permit which are calculated to further the purposes of this section, and/or the purposes for which the permit is issued, and/or the purposes for which the permit is required.

A.    Purpose.    The purposes of the staffed residential homes provisions are:1.    To provide opportunities for establishing homes that provide needed care, health, safety, and well-being for foster children, expectant mothers, and children with special needs. 2.    To maintain the character of existing residential neighborhoods and ensure harmony and compatibility between staffed residential homes and their neighbors.3.    To provide additional oversight to ensure ongoing compliance by staffed residential homes with state licensing and certification standards and requirements. B.    Applicability.1.    This section applies to staffed residential homes as defined in Section 40.100.070.2.    Staffed residential homes, where permitted, are a conditional use and shall comply with the standards, requirements, and limitations in Section 40.260.205(C).C.    Development Standards and Requirements.1.    Prior to the submittal of an application for a staffed residential home, a neighborhood meeting, as required by Section 40.510.025(C)(2), shall be conducted. The information provided at the neighborhood meeting shall include:a.    A comprehensive description of the proposed use and operation;b.    The number of children to be served and the number of on-site supervisors; andc.    A general description of the treatment program.2.    A written agreement between the neighborhood association and the applicant shall be required as part of the application. The party’s willingness to meaningfully participate in county facilitated mediation, if necessary, will be a factor in determining whether the parties are reasonably trying to enter into the neighborhood agreement. If the Director of Community Development finds that the applicant is not reasonably pursuing the neighborhood agreement, the application will be deemed not fully complete. If the neighborhood is not reasonably pursuing the neighborhood agreement, the Director of Community Development is authorized to waive the requirement for a neighborhood agreement.3.     A minimum of one (1) on-site paved parking space shall be provided for each adult supervisor. 4.    Perimeter fencing shall be required along the side and rear boundaries of the site. The fence shall be a six (6) foot high fence meeting the F2 standard in Section 40.320.010. 5.    Within any three hundred sixty-five (365) day period, if the site generates six (6) or more calls for law enforcement services regarding a specific issue, such as assault or runaway, the applicant is required to provide issue specific training for all on-site staff, conducted by qualified professionals, within one hundred twenty (120) days from the last law enforcement call for service.6.    Ongoing activities on the site shall be conducted in strict compliance with Section 9.14.010 with regard to noise and disturbances. Violation of said standards shall be considered grounds for revocation of the conditional use permit, in accordance with Section 40.520.030(H).7.    Applicant shall demonstrate that there is not another staffed residential home located within a one (1) mile radius of the proposed development.8.    Compliance with the conditions of approval imposed pursuant to Section 40.520.030.(Added: Ord. 2012-02-08)

A.    Authorized – Hardship. Subject to the conditions and upon the issuance of the permit provided for herein, one (1) or more temporary dwellings may be established and maintained on a lot, tract, or parcel if the parcel is already occupied by one (1) or more principal dwellings, for use by one (1) of the following:1.    A person who is to receive from or administer to a resident of the principal dwelling, continuous care and assistance necessitated by advanced age or infirmity, the need for which is documented by a physician’s medical statement; or2.    A caretaker, hired hand or other similar full-time employee working on the lot, tract or parcel in connection with an agricultural or related use of the premises; or3.    Relatives over sixty-two (62) years of age with an adjusted household gross income, as defined on IRS Form 1040 or its equivalent, which is at or below fifty percent (50%) of the median family income for Clark County (as adjusted), who are related by blood or marriage to a resident of the principal dwelling;4.    Within the forest and agricultural districts (Section 40.210.010) only:a.    Relatives; orb.    A purchaser of the lot, tract, or parcel if a seller who is at least sixty (60) years of age has retained a life estate to occupy the principal dwelling as a primary residence.(Amended: Ord. 2017-07-04; Ord. 2025-07-01)B.    Conditions. Temporary dwellings authorized herein shall be subject to the following minimum conditions:1.    The lot, tract or parcel shall be of such size and configuration, and the temporary dwelling shall be located in such a manner as to enable compliance with such zoning and subdivision regulations as would be applicable but for the authorization of this section; provided, that:a.    One (1) temporary dwelling may be approved for each authorized permanent dwelling, if the tract or parcel of which it is a part is either:(1)    One (1) acre or larger in size; or(2)    Able to comply with the residential density standards for the applicable zoning district with the addition of the temporary dwelling(s). For example, the addition of one (1) temporary dwelling on a ten thousand (10,000) square foot lot in the R1-5 zoning district with one (1) existing dwelling.b.    Within the agriculture and forest districts (FR-80, FR-40, AG-20):(1)    The additional dwelling(s) private well and septic system shall be located where they will minimize adverse impacts on resource land;(2)    If practical, the temporary dwelling shall be located within two hundred (200) feet of the principal dwelling.c.    The temporary dwelling shall be a temporary structure such as a manufactured or modular home designed, constructed and maintained in a manner which will facilitate its removal at such time as the justifying hardship or need no longer exists; provided, that either:(1)    The additional dwelling authorized by Section 40.260.210(A)(4)(b) need not be a temporary structure if the declaration required by Section 40.260.210(C)(1)(e) includes a covenant obligating the purchaser or successors to remove or otherwise decommission the existing dwelling upon the death or permanent change in residency of the seller retaining a life estate; or(2)    The applicant is constructing a new dwelling and converting the existing dwelling to temporary use for the requested hardship and records a covenant obligating the owner or successors to remove or otherwise decommission the converted dwelling upon cessation of the hardship.2.    A current vehicular license plate, if applicable, shall be maintained on the temporary dwelling.3.    No more than one (1) temporary dwelling shall be authorized under this chapter if the primary dwelling is a manufactured or modular home.4.    Upon cessation of the hardship or need justifying the temporary dwelling permit, either such dwelling shall be removed or the owner of the lot, tract or parcel shall comply with all applicable zoning subdivision requirements.(Amended: Ord. 2016-06-12; Ord. 2017-07-04; Ord. 2018-10-02; Ord. 2025-07-01)C.    Permits.1.    Applications for a single temporary dwelling permit shall be subject to a Type I review process pursuant to Section 40.510.010. Applications shall be accompanied by a processing fee established for manufactured or modular home placement permit, and shall include:a.    A site plan showing the size and boundaries of the lot, tract or parcel; the location of all existing buildings; and the proposed location of the temporary dwelling;b.    A description of the proposed temporary dwelling;c.    Documentation of approval of water supply and sewage disposal system by the appropriate governmental agency;d.    Statement signed by the applicant describing the hardship or need; provided, that if the applicant is relying upon Section 40.260.210(A)(1), a letter from a medical doctor verifying the need for continuous care and assistance shall also be submitted;e.    A declaration to be filed with the County Auditor upon approval of the application setting forth the temporary nature of the dwelling.2.    Applications seeking approval for two (2) or more temporary dwellings on the same lot, tract or parcel are subject to conditional use permit approval as set forth in Section 40.520.030.3.    A temporary dwelling permit shall be valid for two (2) years, and may be renewed by the issuing body for successive two (2) year periods upon written substantiation by the applicant to the continuing hardship or need justification. Upon the expiration of the two (2) year period, or at the end of each successive two (2) year period(s), if granted, the applicant shall notify the responsible official in writing that the temporary dwelling has been removed and, further, said notice shall include a request for an inspection to determine that the temporary dwelling has, in fact, been removed in compliance with the permit.(Amended: Ord. 2018-10-02; Ord. 2025-07-01)D.    Revocation.    In addition to any other remedies provided for by law, violation of permit conditions, standards of this chapter, or other applicable land use requirements, including the provisions of Chapter 9.24 of the Clark County Code, shall constitute grounds for revocation of a temporary dwelling permit. Such revocation may be ordered following a public hearing by the Hearing Examiner, whose decision shall be final unless a timely appeal is filed with the Superior Court.(Amended: Ord. 2009-10-19)

A.    Purpose.    This section provides for the establishment of temporary uses and structures. Temporary uses and the use of temporary structures shall be limited to those uses allowed in the respective zone.B.    Definitions.1.    “Temporary use” means a use of land that has a limited time duration.2.    “Temporary structure” means a structure that does not have a permanent foundation, that involves no grading or site improvements, and that, when removed, results in no physical alteration of the site. 3.    “Change of use” means a change in the use of a portion or all of a site, including, but not limited to, the use of an existing parking lot for sales or storage. “Change of use” does not include the erection of a temporary structure over an existing permitted use, such as, but not limited to, tents which cover a portion of an existing car sales lot, or tents to cover existing play equipment.C.    Uses and Exceptions.1.    Subject to Section 40.510.010 (Type I review), the following temporary uses and structures may be approved:a.    For residential districts:(1)    Temporary modular sales and leasing offices for on-site residential development properties;(2)    Placement of tents, canopies, or membrane structures for more than two (2) weeks per year that do not meet setbacks of the underlying zone; and(3)    Placement of storage containers for more than two (2) weeks per year. b.    For nonresidential districts:(1)    Temporary sales and leasing offices for on-site commercial or industrial development properties; and(2)    Temporary changes of uses and associated temporary structures for more than two (2) weeks per year. 2.    Subject to Section 40.510.020 (Type II review), the following uses and structures may be approved:a.    Temporary use of the following equipment essential to and only in conjunction with the construction or building of a road, bridge, ramp, dock, and/or jetty in proximity to the approved construction site: (1)    Portable asphalt or concrete mixing plants;(2)    Portable concrete batching plants;(3)    Portable rock crushing plants; and(4)    Accessory equipment essential to the use of the aforementioned plants.b.    Outdoor public amusements, entertainment or assemblies, including circuses, carnivals or amusement rides, shall be subject to the provisions of Chapter 5.32. However, if a circus, carnival or amusement ride is proposed in a commercial or industrial district and will not occur within two hundred (200) feet of a residential district, it may be reviewed as a Type I. 3.    Exceptions.Certain structures and uses are exempt from the requirement to obtain a temporary use permit. However, building and fire code requirements still apply. The following are exempt from the requirement for a temporary use permit:a.    For residential districts:(1)    Placement of tents, canopies, membrane structures or storage containers within the setbacks of the district for two (2) weeks or less per year. (2)    Placement of tents, canopies, or membrane structures that meet the setbacks of the district. (3)    Temporary construction trailers, construction materials, and equipment storage areas, and construction offices accessory to a residential construction site.b.    For nonresidential districts:(1)    Temporary construction trailers, construction materials, and equipment storage areas, and construction offices accessory to a construction or mining site. (2)    Fireworks stands, subject to the provisions of Chapter 5.28.(3)    Holiday-related seasonal sales lots during the month of December, along with their associated temporary structures. (4)    Temporary changes in uses and associated temporary structures for a total of two (2) weeks or less per year per site. The property owner must register the use with the Clark County permit services center before the structure(s) or use(s) are placed or the change of use begun.(5)    Placement of tents, canopies, or membrane structures which do not result in a change of use for one hundred eighty (180) calendar days or less per year per site as allowed by the Fire Marshal.(Amended: Ord. 2014-12-06)D.    Performance Standards.1.    Temporary uses shall comply with all state and county regulations governing nuisance effects, including Chapter 9.24, Nuisances, and with the following standards:a.    Noise. Temporary uses shall comply with state maximum environmental noise levels as defined in Chapter 173-60 WAC.b.    Temporary uses shall not cause external effects such as offensive odors, increased lighting or glare, dust, smoke, or vibration detectable to normal sensory perception at the property line.c.    Any use of equipment that creates visible or audible interference in radio or television receivers or fluctuations in line voltage at or beyond the property line is prohibited.2.    Any use of hazardous material or disposal of hazardous waste shall comply with all applicable federal, state and local regulations. 3.    Temporary uses shall not generate life safety hazards. Specific mitigating conditions may be required by the responsible official. 4.    A temporary use permit shall be revoked pursuant to Chapter 32.12 should the county find that the use has failed to comply with the general provisions and standards, including the nuisance standards of Section 40.260.220(D)(1), or other performance standards required by the permit.E.    Permits.1.    The responsible official may approve permits for temporary uses and structures, with conditions to mitigate negative impacts. Uses may be allowed for a period of not more than eighteen (18) months, or less as may be specified by the responsible official.2.    Upon the expiration of the temporary use permit, the applicant shall immediately discontinue the temporary use. Within thirty (30) days of the expiration of the temporary permit, the applicant shall remove any temporary structures associated with the temporary use. If at the end of this time period such temporary use or structure is not removed or discontinued, the county shall begin enforcement proceedings which may include penalties and liens subject to Title 32.3.    Temporary permits may be renewed for a period of up to one (1) additional year by a conditional use permit under Section 40.520.030. A fully complete conditional use application shall be submitted within thirty (30) days of the expiration of the original permit. Proof of additional time needed for the use or structure shall be provided by the applicant with the application.4.    Additional temporary use permits for the same site within three (3) years of the original temporary use permit issuance shall require a conditional use permit prior to the issuance of a second permit.(Amended: Ord. 2010-08-06)1Building permits may still be required.(Amended: Ord. 2005-04-12; Ord. 2006-09-13; Ord. 2007-06-05; Ord. 2019-03-05)

A.    Main Entrance.     At least one (1) main entrance per triplex or quadplex structure shall be visible from the street and must have a porch or entry set back no more than eight (8) feet from the longest street-facing wall of the structure. The entry must: face the street, open onto the porch, or be oriented at an angle of not more than forty-five (45) degrees from the street-facing facade. Corner lot structures may be oriented to either street.Figure 40.260.225-1 Main Entrance Orientation Options(Added: Ord. 2024-03-02)B.    Garages.     The cumulative width of the garage door(s) facing the street may be up to fifty percent (50%) of the width of the street-facing building facade or twenty (20) feet, whichever is greater. Garage limitations do not apply to residential development accessed through rear alleys, or where the garage is located in the rear of the lot.(Added: Ord. 2024-03-02)C.    For the purposes of applying the location of parking and loading facilities standards of Section 40.340.010(A)(4), the access and circulation standards of Section 40.340.020(A), and the access management standards of Section 40.350.030(B)(4), triplexes and quadplexes shall be subject to the same standards as a single-family or duplex dwelling.(Added: Ord. 2024-03-02)D.    Triplexes and quadplexes shall be reviewed through a Type I site plan review per Section 40.520.040.(Added: Ord. 2024-03-02)

A.    Purpose.    The purpose of this section is to allow for the protection and preservation of livestock within urban growth areas of the county through the use of best management practices while protecting the uses on neighboring parcels.B.    Applicability.1.    This section shall apply to new livestock uses begun after January 1, 2008, on all parcels in the county within urban growth boundaries outside city limits. Existing livestock uses begun on any parcel prior to January 1, 2008, are exempt from all provisions in this section. A change in livestock type from the original exempt livestock use shall continue to be exempt.2.    Agricultural uses, including livestock use, are allowed in all zoning districts in the county; nothing in this section precludes those uses; provided, that livestock uses subject to this section shall employ best management practices.3.    Livestock uses subject to this section as determined by Section 40.260.235(B)(1) shall meet the standards and follow the applicable best management practices for livestock listed in Section 40.260.235(D). Livestock management plans containing the applicable elements of Section 40.260.235(D)(2)(a) are not required to be filed with the county unless substantiated complaints are received under Section 40.260.235(G).C.    Definitions.    For purposes of this section, the following definitions shall apply:D.    Development Standards.1.    The development standards of the underlying zone shall apply, except that the setbacks for new structures used for large livestock shall be twenty (20) feet from all property lines.2.    Livestock Plans.a.    Pursuant to Section 40.260.235(G), a livestock plan that addresses the following shall be developed and implemented:(1)    Housing and confinement;(2)    Animal husbandry;(3)    Manure management; and(4)    Odor and noise management. Noise from urban livestock shall be managed so that it does not unreasonably disturb the peace, quiet, comfort and repose of others.b.    Urban livestock owners may create their own plans or seek assistance from livestock management organizations such as Clark Conservation District to create a plan.c.    Urban livestock owners shall manage livestock according to best management practices. Information on best management practices, including but not limited to the following, will be used as the basis for livestock plans:(1)    Healthy Horses, Clean Water, Clark Conservation District, 2006;(2)    Tips on Land and Water Management for Small Acreages in Southwest Washington, Clark Conservation District, 2001;(3)    Small Livestock Management, Clark Conservation District, 2012;(4)    The Backyard Livestock Management Series, Clark Conservation District, 2012;(5)    From the WSU Extension Service Small Acreage Program:(a)    Keeping Clean Water Clean and Reducing Mud: Managing Roof Runoff;(b)    Reduce Mud and Keep Water Clean: Sacrifice Areas;(c)    Self-Assessment Guide for Small Acreages;(d)    How Green Is Your Grass: Five Steps to Better Pasture and Grazing Management; and(e)    Composting Manure on Your Property.d.    Plans, when required under Section 40.260.235(G), shall be filed with the responsible official through a Type I process.3.    Buildings used for urban livestock shall comply with the applicable requirements of Title 14.E.    Prohibited Animals. Turkeys, peacocks and roosters are prohibited within the urban growth zone for the city of Vancouver.F.    Education and Technical Assistance. All urban livestock owners are encouraged to use guidance documents and work with the Clark Conservation District, WSU Extension, or USDA Natural Resources Conservation Service for implementing best management practices related to livestock and livestock waste management.G.    Enforceability.1.    Substantiated complaints from two (2) separate households shall require the complainants to attempt mediation with the livestock owner to resolve issues related to livestock. If the livestock owner fails to participate, or if mediation fails to resolve the dispute, or if the result of the mediation requires it, the livestock owner shall file a livestock management plan with the county. The plan shall contain the applicable requirements within Section 40.260.235(D)(2).2.    Failure to provide and comply with a livestock plan constitutes a nuisance violation and shall be enforced in accordance with the civil provisions of Title 32.(Amended: Ord. 2009-10-04; Ord. 2012-02-03; Ord. 2017-12-21)

A.    The erection, construction, reconstruction, alteration and maintenance of underground or aboveground transmission and distribution systems, including poles, towers, wires, mains, drains, sewers, in-ground sewage pumping facilities, pipes, conduits, cables, antennas, fire alarm boxes, police call boxes, traffic signals and other similar equipment, which does not require aboveground enclosed buildings as defined by Section 40.100.070, shall be permitted in any zoning district. Utility transmission lines, poles, and towers may exceed the height limitations otherwise provided for in this title. This section does not apply to wireless communications facilities as defined in Section 40.260.250(C).B.    The erection, construction, reconstruction or alteration of utility substation facilities, as defined in Section 40.100.070, shall be permitted in any zoning district, subject to site plan approval pursuant to Section 40.520.040.C.    Utilities installed under properties owned by Clark County and properties that are or will be dedicated to the county for road rights-of-way may require a utility permit pursuant to Chapter 12.20A and Chapter 13.12A.(Amended: Ord. 2006-11-07; Ord. 2007-06-05)

A.    Purpose.    The purpose of this section is to encourage the development of wineries in the county while mitigating impacts to neighboring parcels.B.    Applicability.1.    A winery as defined in Section 40.100.070 is allowed as an agricultural use.2.    A tasting room and/or events under this section are only allowed in conjunction with a licensed winery as defined in Section 40.100.070.3.    A licensed winery on land zoned for agriculture or forestry wishing to include food service and/or events must:a.    Have a minimum of twenty percent (20%) of the winery’s land area cultivated in crops used in wine production; andb.    Operate with food service and/or events that are clearly accessory to the primary use of the parcel as a winery.C.    Definitions.    For purposes of this section, the following definitions apply:D.    Development Standards.1.    Licensed wineries with tasting rooms and/or events shall:a.    Have a minimum twenty-four (24) foot wide approach to the property from a public road or approved private road. If the driveway access is connected to a paved public or private road, the driveway must be paved for a minimum distance of twenty (20) feet from the edge of the connecting road;b.    Have off-street parking. Such parking shall comply with Section 40.340.010 with the exception of Section 40.340.010(A)(8). On-street parking is prohibited;c.    Have structures and equipment that comply with the requirements of Titles 14 (Buildings and Structures), 15 (Fire Prevention), and 24 (Public Health) if those structures or equipment will be used by or for the public;d.    Be exempt from building review, provided they are less than thirty-six hundred (3,600) square feet and are not occupied by non-family employees or the public;e.    Limit the cumulative building area for tasting rooms and events, as follows: f.    Adequately address traffic management issues;g.    Adequately mitigate for any impacts to the road if access is taken from a private road. Evidence of mitigation may be demonstrated through a neighbor’s agreement provided at the time of application. For purposes of the agreement, “neighbors” shall include a majority of all who are entitled to use the private road. Impacts to be addressed include, but are not limited to: dust, smoke, lighting, noise, trip generation and road maintenance;h.    Have adequate and safe drinking water and domestic wastewater disposal in compliance with Public Health regulations. For events exceeding the permitted capacity of the septic system, a specific management plan for handling on-site sanitary waste shall be approved by Public Health; andi.    Comply with the standards of Chapter 173-60 WAC.2.    Events. a.    Events are allowed in conjunction with a licensed winery with a wine tasting/events permit that includes an event management plan.b.    The number of events is limited to fifty (50) in a calendar year, with:(1)    Forty-two (42) in a calendar year limited to a maximum of five hundred (500) persons; and(2)    An additional eight (8) in a calendar year limited to a maximum of fifteen hundred (1,500) persons.3.    Food Service.    In compliance with Public Health regulations, a licensed winery will be allowed Level 1 or Level 2 food services as an accessory use to the winery within the limits of state law, including the Growth Management Act.4.    Retail Sales.    Retail sales directly related to the winery, such as sales of wine and wine-related merchandise, are permitted.E.    Approval Process.1.    Licensed wineries without tasting rooms or events are exempt from land use review.2.    A licensed winery wishing to have events and/or a tasting room must obtain a wine tasting/events permit. Applications for such permits shall include the following:a.    A plot plan; b.    An event management plan that describes how the development and performance standards in this section will be addressed if events are to be held at the winery;c.    Obtaining the necessary permits and approvals required by Titles 14 and 15; andd.    Payment of the applicable fee.    Applications may also include a neighbor’s agreement per Section 40.260.245(D)(1)(g).3.    A Type I process will be used to review applications for wine tasting/events permits if:a.    The winery takes access from a public road; orb.    The winery takes access from a private road and a neighbor’s agreement pursuant to Section 40.260.245(D)(1)(g) is submitted.4.    A Type II process will be used to review applications for wine tasting/events permits if the winery takes access from a private road and no neighbor’s agreement pursuant to Section 40.260.245(D)(1)(g) is submitted.5.    The Sheriff’s Office will be notified by the wine tasting/events permit holder at least ten (10) days in advance of any event.(Amended: Ord. 2010-10-02; Ord. 2013-08-11; Ord. 2015-06-20)

A.    Purpose. The purpose of this section is to protect visual and aesthetic features of Clark County while providing continuing opportunities for effective wireless communications services throughout the county. The following specific goals are intended to protect the safety and welfare of the citizens of Clark County, and to provide for planned development consistent with the comprehensive plan:1.    Promote maximum utilization and encourage collocation of new and existing wireless communications antennas to minimize the total number of support structures and towers throughout the county;2.    Encourage careful consideration of topography and location to ensure sites have minimal impact on views;3.    Encourage the location of support towers and antenna arrays in nonresidential areas; and4.    Encourage siting of new support towers that minimizes wildlife impacts.(Amended: Ord. 2017-07-04; Ord. 2018-01-09; Ord. 2023-03-01; Ord. 2024-03-01)B.    Applicability and Exemptions.1.    Applicability. All wireless communications facilities (WCFs) that are not exempt pursuant to this section shall conform to the standards specified in this section. All WCFs in the Columbia River Gorge National Scenic Area shall additionally comply with the requirements of Chapter 40.240.2.    Exemptions. The following are exempt from the provisions of this section and shall be allowed in all zoning districts:a.    Wireless communications facilities that were legally established prior to the effective date of the ordinance codified in this section;b.    Temporary facilities used on the same property for seven (7) days or less;c.    Temporary facilities that are used solely for emergency communications in the event of a disaster, emergency preparedness, or public health or safety purposes;d.    Two-way communication transmitters used for (1) emergency services including, but not limited to, fire, police, and ambulance services, and (2) essential public utility services, including but not limited to electric, water and wastewater;e.    Licensed amateur (ham) radio stations and citizen band stations;f.    Any maintenance, repair, replacement, or upgrade of previously approved wireless communications facilities, support structures, and support towers; provided:(1)    Such activities do not increase the overall height of the facility by more than ten percent (10%) or twenty (20) feet, whichever is greater, and any additional height meets the allowable height requirements in Section 40.260.250(F);(2)    None of the activities causes a light to be required where none was previously approved;(3)    Expansion or replacement of support structures may be subject to site plan review under Section 40.520.040;(4)    An existing wireless carrier may add antennas to its facility, but the collocation of an additional wireless carrier is not exempt from review under this title;(5)    Replacements and upgrades under this subsection shall require building safety review; and(6)    The addition of generators that were not previously approved are not exempt activities.g.    Roof-mounted dish antennas used for residential purposes, and VHF and UHF receive-only television antennas, provided they are fifteen (15) feet or less above the existing or proposed roof of the associated residential structures; andh.    The installation and use of an antenna or antennas smaller than one (1) meter in diameter for use by a private dwelling occupant for personal, home business, utility metering or private telecommunications purposes.(Amended: Ord. 2005-04-12; Ord. 2014-01-08; Ord. 2017-07-04; Ord. 2018-01-09; Ord. 2023-03-01; Ord. 2024-03-01)C.    Definitions.    For the purposes of this section, the following definitions apply:(Amended: Ord. 2017-07-04; Ord. 2018-01-09; Ord. 2023-03-01; Ord. 2024-03-01)D.    Site Location of Wireless Communications Facilities. Wireless communications facilities are permitted in any zone in the unincorporated county subject to the following preferences and the limitations in Section 40.260.250(E)(2). New wireless communications facilities shall be in conformance with all applicable standards as provided by this section.1.    Facility Priorities. The county’s preferences for WCFs are listed below in descending order with the highest preference first.a.    Collocation with legally existing WCFs on support structures or support towers in nonresidential districts;b.    Collocation with legally existing WCFs on support structures or support towers in residential districts;c.    New attached WCFs on support structures in nonresidential districts;d.    New attached WCFs on support structures in residential zones;e.    New support towers.2.    Utility Pole Placement/Replacement. Placement of antennas or antenna arrays on existing structures such as utility poles, light standards, and light poles for street and parking lots is preferred over new towers. Utility poles may be replaced for purposes of adding WCFs. Such replacements shall not be considered new support towers, and parcel size, setback, landscaping, and screening requirements of this section shall not apply. Unless SEPA review is required, utility pole placements/replacements require a Type I review and are subject to the following:a.    The existing pole may be replaced with a similar pole not exceeding twenty (20) additional feet in height. Such increase in height shall only be allowed for the first replacement of the pole.b.    A pole extension may not exceed the diameter of the pole at the mounting point for the antennas.c.    For placement or replacement in public rights-of-way, auxiliary support equipment shall be mounted on the pole or placed underground. No at-grade support equipment in the right-of-way is permitted.d.    Replacements in public rights-of-way are subject to Chapters 12.20A and 13.12A.3.    Location Priorities for New Towers. The county’s preferences for new support tower locations in rural areas and in urban areas are listed below in descending order with the highest preference first. There is no preference for urban versus rural locations.a.    Order of preference for new support towers in rural areas:(1)    Rural Industrial outside rural centers (IH), to include UR-20 and UR-40;(2)    Forest Tier I (FR-80) and Tier II (FR-40);(3)    Rural Industrial inside rural centers (IH);(4)    Agriculture (AG-20);(5)    Rural (R-20);(6)    Rural (R-10; R-5), to include UR-10;(7)    Rural Commercial outside rural centers (CR-1);(8)    Rural Commercial inside rural centers (CR-2);(9)    Rural Center Residential (RC-2.5; RC-1).b.    Order of preference for new support towers in urban areas:(1)    Heavy Industrial (IH);(2)    Light Industrial (IL), to include UH-20;(3)    General Commercial (GC);(4)    Other commercial districts, to include UH-10;(5)    Mixed Use (MX) districts;(6)    Residential districts.4.    Lease Areas.a.    Except as otherwise required in this section, lease areas for new support towers shall be exempt from all lot standards of the zone in which they are permitted.b.    Approval of a tower site under this section shall not be construed as creating a separate building lot for any other purpose unless it is created through platting or binding site plan approval.(Amended: Ord. 2005-04-12; Ord. 2010-12-12; Ord. 2012-12-14; Ord. 2014-01-08; Ord. 2016-06-12; Ord. 2017-07-04; Ord. 2018-01-09; Ord. 2023-03-01; Ord. 2024-03-01)E.    Development Standards.1.    Collocation. Wireless communications facilities shall be collocated to the greatest extent possible to minimize the total number of support towers throughout the county. To this end, the following requirements shall apply:a.    Proposals for collocation of new transmission equipment on an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station shall not be denied.b.    The county shall deny an application for a new support tower if the applicant does not demonstrate a good faith effort to collocate on an existing facility. Applicants for new support towers shall demonstrate to the responsible official that collocation is infeasible by showing that at least one (1) of the following conditions exists:(1)    No existing towers or structures are located within the applicant’s projected or planned service area for their facility; or(2)    According to a qualified RF specialist, existing towers or structures cannot be reconfigured or modified to achieve sufficient height; or(3)    According to a qualified RF specialist, collocation would result in electronic, electromagnetic, obstruction or other radio frequency interference with existing or proposed installations; or(4)    According to a structural engineer, existing towers or structures do not meet minimum structural specifications or structural integrity for adequate and effective operations to meet service objectives; or(5)    Collocation would cause a nonconformance situation (e.g., exceeding height restrictions); or(6)    A reasonable financial arrangement between the applicant and the owner(s) of existing facilities could not be reached.c.    Carriers who collocate on existing towers or structures shall be allowed to construct or install accessory equipment and shelters as necessary for facility operation. Such development shall be subject to regulations under the International Building Code (IBC), applicable development standards of the underlying zone, and applicable development standards pursuant to this section (e.g., lighting, security, signage).d.    Collocated WCFs within one (1) mile of any public safety building such as police or fire station shall be reviewed with Clark Regional Emergency Services Agency for possible interference with public safety communications.2.    New Support Towers. The following standards shall apply to new support towers:a.    New support towers allowed under this section shall be designed to accommodate collocation. The following provisions shall apply:(1)    All new support towers shall accommodate collocation opportunities for a minimum total of two (2) antenna arrays. A height bonus of up to twenty percent (20%) of the maximum tower height allowed in Section 40.260.250(F)(1)(b)(1) is allowed with one (1) or more additionally proposed antenna arrays if the screening requirements of Section 40.260.250(F)(1)(b)(2) are met.(2)    A support tower owner approved under this section shall not deny a wireless provider the ability to collocate on their facility at a fair market rate or at another cost basis agreed to by the affected parties.b.    New support tower installations shall be a minimum of one thousand (1,000) feet from the county portions of NE Lucia Falls Road and SE Evergreen Highway, designated by the state as scenic highways.c.    Unless the State Historic Preservation Officer determines there is no material impact, new support towers shall be a minimum of one thousand (1,000) feet from all sites listed on either the National Register of Historic Places or the Clark County Heritage Register.d.    New support towers within three (3) miles of a national wildlife refuge or within one thousand (1,000) feet of those features or areas identified in Section 40.260.250(G)(2)(b)(2)(h)(iii) shall be reviewed for possible impacts to wildlife.e.    New support towers within one (1) mile of any public safety building such as a police or fire station shall be reviewed with Clark Regional Emergency Services Agency for possible interference with public safety communications.f.    New support towers shall comply with all FAA and state aeronautics requirements and regulations. Upon request, the applicant must provide evidence or certification of such compliance.g.    Building permits for support towers shall not be issued to infrastructure providers until one (1) or more wireless communications service providers that will use the support tower are identified.3.    Signage. Support towers and antenna(s) shall not be used for signage, symbols, banners, or other devices or objects attached to or painted on any portion of a WCF. Any emergency information, public safety warnings, or additional signage required by a governmental agency shall be displayed in an appropriate manner.4.    Noise. Wireless communications facilities shall not generate noise levels in excess of maximum standards set forth in Chapter 173-60 WAC. Generators may be operated only for emergency purposes. If air conditioning or other noise-generating equipment is proposed, the applicant shall provide information detailing the expected noise level and any proposed abatement measures. This may require noise attenuation devices or other mitigation measures to minimize impacts.(Amended: Ord. 2006-05-01; Ord. 2009-03-02; Ord. 2017-07-04; Ord. 2018-01-09; Ord. 2023-03-01; Ord. 2024-03-01)F.    Design Standards.1.    Height.a.    Support Structures. Attached WCFs shall not add more than twenty (20) feet in height to the support structure (including utility pole replacements) to which they are attached.b.    New Support Towers.(1)    Subject to height bonus allowances in Sections 40.260.250(E)(2)(a) and (F)(1)(b)(2), new support tower heights including all attachments are limited to the following:(a)    Rural areas: one hundred sixty-five (165) feet.(b)    Urban nonresidential districts: one hundred twenty (120) feet, except as provided for in Section 40.260.250(F)(1)(b)(1)(c).(c)    Urban nonresidential districts: one hundred fifty (150) feet when the tower setback is greater than twice the total tower height or the parcel is completely surrounded by industrial parcels.(d)    Urban residential districts: one hundred (100) feet.(2)    Tower height may be increased if eighty percent (80%) of the final proposed tower is screened.2.    Setbacks.a.    All new support towers in rural areas shall maintain a setback as described below, whichever is greater:(1)    A minimum fifty (50) foot setback from the property line of the parent parcel or from a right-of-way line; or(2)    A distance equal to or greater than the total tower height from the nearest residence located on another parcel.b.    Setbacks for all new support towers in urban nonresidential areas shall be those of the underlying district.c.    All new support towers in urban residential areas shall maintain a setback equal to or greater than the tower height from the nearest residence on another parcel, or otherwise comply with the setbacks of the underlying district.d.    Setbacks for auxiliary support equipment shall be those of the underlying zoning district.e.    An exception may be granted for a location within the setback which is clearly preferable based on a review by the responsible official and provided such location has written approval from the property owners adjacent to the affected setback line.f.    Setbacks shall not apply to easements established solely for the purpose of access to the WCF.3.    Landscaping and Screening.a.    A landscaping and screening plan shall be submitted with all new support tower applications.b.    Screening. Screening of new towers with existing tower-obscuring vegetation or buildings is preferred. If this requirement cannot be met, new support towers shall be screened with vegetation appropriate to the site, unless incompatible with the general surroundings and environment in the area. Such vegetation shall consist of a mix of native tree species that will reach a height of thirty (30) feet or more and be eighty percent (80%) opaque year-round. Planted evergreen species shall be fully branched and a minimum of six (6) feet high when planted. The required screening shall be permanently maintained in accordance with the provisions of Section 40.320.010.c.    Landscaping. All new support towers and associated structures shall be fully enclosed within a minimum six (6) foot high gated and locked security fence. A minimum five (5) foot landscape buffer shall be established surrounding the enclosure, containing landscape plantings meeting the L3 standard as described in Section 40.320.010. A wall or fence may be substituted for the required shrubs where compatible with the general surroundings and environment of the area. Fencing, and landscaping, and screening are not required on any side of the site made up by existing buildings. The required landscaping shall be permanently maintained in accordance with the provisions of Section 40.320.010. The responsible official may waive all or portions of this requirement subject to the following findings:(1)    The electrical equipment control box is fully enclosed and secured from access by the public.(2)    The waiver will encourage support tower design that is more compatible with the site setting and surrounding uses.d.    Owner Assurances. To assure continued compliance with landscaping and screening requirements, a covenant or other appropriate instrument may be required from the property owner.4.    Color. For all new wireless communications facilities, the following criteria shall apply:a.    Unless otherwise required by the FAA, all support towers and antennas shall have a nonglare finish and blend with the natural background.b.    Attached WCFs shall be of a color that matches the color of the supporting structure to the greatest extent to minimize visual impacts.5.    Lighting. Except as required by the FAA, artificial lighting of wireless communications towers shall be prohibited. Security lighting for equipment shelters or cabinets and other on-the-ground auxiliary equipment is allowed; provided, that lighting is shielded to keep direct light within the site boundaries. Strobe lighting is prohibited unless required by the FAA.6.    Variances. Any applicant may request a variance from the standards of this section. Requests for variance shall be made in accordance with the procedures and criteria specified in Section 40.550.020. In addition to the requirements of Section 40.550.020, the applicant shall demonstrate the following:a.    Strict adherence to the provisions of this section will result in an inability of the applicant to provide adequate WCF services within Clark County; andb.    The granting of the variance will not adversely affect views from designated scenic highways or areas of historic or cultural significance.(Amended: Ord. 2006-09-13; Ord. 2006-11-07; Ord. 2007-06-05; Ord. 2014-01-08; Ord. 2017-07-04; Ord. 2018-01-09; Ord. 2023-03-01; Ord. 2024-03-01)G.    Permit Process.1.    Process Review. Table 40.260.250-1 shows required levels of WCF application review in terms of district location. Each type is subject to Section 40.520.040, Site Plan Review, and Chapter 40.510, Type I, II, III and IV Processes. Proposals requiring Type III review shall necessitate approval of a conditional use permit. Facilities exempt from threshold determination and EIS requirements under SEPA are listed in WAC 197-11-800(25). 1Adding WCFs such as antennas to previously approved WCFs.2Adding WCFs to structures where none were previously approved.3 Type 1s become Type 2s if the facility is not categorically exempt under WAC 197-11-800(25).42; 3 = Type 2, unless tower location is within five hundred (500) feet of a parcel where a Type 3 review would be required.The preferred district locations for WCFs in rural and urban areas are in order from top to bottom.The preferred WCF types are in order from left to right.(Amended: Ord. 2012-12-14; Ord. 2014-01-08; Ord. 2016-06-12)2.    Application Submittal. Applications for the location and development of wireless communications facilities shall include the following:a.    For wireless collocation applications:(1)    A written narrative that addresses the following:(a)    How the application meets or exceeds each of the applicable approval criteria and standards;(b)    How the proposed plan meets the minimum area and dimensions of the base zone;(c)    A comprehensive description of the existing or proposed facility including the technical reasons for the design and configuration of the facility, design and dimensional information, anticipated coverage of the facility, and the ability to accommodate future collocation opportunities;(d)    If camouflage technology is proposed, the applicant shall provide a complete description of the suggested camouflage, including style and materials to be used, a photographic depiction of the proposed facility, and a maintenance plan detailing provisions for the continued effectiveness of the suggested camouflage for the life of the facility;(e)    The frequency of vehicular trips the proposal could be expected to generate.(2)    A site plan that is drawn to a minimum engineer’s scale of one (1) inch equals two hundred (200) feet on a sheet no larger than twenty-four (24) inches by thirty-six (36) inches. The following information shall be clearly depicted:(a)    Applicant’s name, mailing address and phone number;(b)    Owner’s name and mailing address;(c)    Contact person’s name, mailing address, and phone number;(d)    North arrow (orientated to the top, left or right of page), scale and date;(e)    Proposed name of project;(f)    Vicinity map covering one-quarter (1/4) mile radius from the development site (not required for rural area plans); and(g)    Area of the site in acres or square feet.(h)    Existing Conditions on the Site. A copy of the previously approved site plan and elevation drawings for the existing facility, or a site plan depicting:(i)    The entire parcel, drawn to scale, with property lines, north arrow (orientated to the top, left or right of page), footprint of existing structures and driveways, parking spaces, abutting streets (name, centerline, curb and sidewalk), and existing fire hydrants;(ii)    Elevation drawings of existing site and facility, including the tower, equipment structures, antennas, mounts and, if applicable, existing structures. Other applicable features, including but not limited to security fencing and screening, shall be included.(i)    Proposed Improvements.(i)    Show the location of all proposed structures, driveways and roads, easements, number and layout of proposed parking spaces (as applicable) and proposed location of fire hydrants;(ii)    Landscape plan if landscaping is proposed;(iii)    Elevation drawings of the proposed site and facility changes.(3)    Documentation that establishes the applicant’s right to use the site shall be provided at the time of application by a copy of the proposed lease agreement, easement agreement, license agreement or letter of authorization to use the facility from the owner of the support structure.(4)    Submit an original letter, signed and stamped by an engineer licensed in the state of Washington, certifying that the existing cell tower or support structure is of sufficient structural capacity to support the addition of the proposed collocation based on Telecommunications Industry Association Standard TIA/EIA-222. b.    For new support tower applications:(1)    A written narrative that addresses the following:(a)    How the application meets or exceeds each of the applicable approval criteria and standards;(b)    How the proposed plan meets the minimum area and dimensions of the base zone;(c)    How the issues identified in the pre-application conference have been addressed, and generally, how services will be provided to the site;(d)    A comprehensive description of the existing or proposed facility including the technical reasons for the design and configuration of the facility, design and dimensional information, anticipated coverage of the facility and the ability to accommodate future collocation opportunities.(e)    If camouflage technology is proposed, the applicant shall provide a complete description of the suggested camouflage, including style and materials to be used, a photographic depiction of the proposed facility, and a maintenance plan detailing provisions for the continued effectiveness of the suggested camouflage for the life of the facility.(f)    An analysis of the proposal area and discussion of factors influencing the decision to target the proposed location. Such analysis shall include the good faith efforts and measures taken to secure a higher priority location; how and why such efforts were unsuccessful; and how and why the proposed site is essential to meet service demands for the geographic service area.(g)    An analysis of existing WCFs within the intended service area, describing the status of collocation opportunities at these sites.(h)    The proposed frequency of trips the proposal could be expected to generate.(2)    A site plan that is drawn to a minimum engineer’s scale of one (1) inch equals two hundred (200) feet on a sheet no larger than twenty-four (24) inches by thirty-six (36) inches. The following information shall be clearly depicted:(a)    Applicant’s name, mailing address and phone number;(b)    Owner’s name and mailing address;(c)    Contact person’s name, mailing address, and phone number;(d)    North arrow (orientated to the top, left or right of page), scale and date;(e)    Proposed name of project;(f)    Vicinity map covering one-quarter (1/4) mile radius from the development site (not required for rural area plans); and(g)    Area of the site in acres or square feet.(h)    An aerial photograph, which clearly indicates the location of the proposed facility in relation to:(i)    Significant features within one thousand three hundred twenty (1,320) feet including, but not limited to, existing and/or proposed site structures, public rights-of-way, residential developments, adjacent land uses, and properties used for public purposes;(ii)    Governmental jurisdictional boundaries within five hundred (500) feet of the proposal boundaries; and(iii)    Cliffs, snags, talus, Oregon white oak woodlands, Washington State biodiversity areas and corridors, waterfowl habitat and bald eagle foraging areas within one thousand (1,000) feet as defined by the Washington Department of Fish and Wildlife as Priority Habitats and Species areas subject to Chapter 40.445.(i)    A photographic analysis of the proposed site, including a representation of existing conditions and photographic simulations depicting views of any new support structures or towers.(j)    Elevation drawings of the proposed site and facility, including the tower, equipment structures, antennas, mounts and, if applicable, any existing structures. Other applicable features, including but not limited to security fencing and screening, shall be included.(k)    A detailed landscaping and screening plan, including existing and proposed vegetation, installation procedures, and landscaping/screening maintenance plans in accordance with Section 40.320.030.(l)    Any additional applicable information the responsible official deems necessary to adequately review the proposal.(3)    Documentation that establishes the applicant’s right to use the site shall be provided at the time of application by a copy of the proposed lease agreement, easement agreement, or license agreement.(4)    Evidence that a neighborhood meeting has been held in compliance with the neighborhood meeting requirements set forth in Section 40.260.250(G)(3).(5)    The application materials shall include a report stamped, dated and signed by a licensed professional engineer registered in the state of Washington demonstrating the following:(a)    The facility complies with all requirements of the International Building Code;(b)    The structural capability of the facility will support collocated antennas (if applicable);(c)    The facility complies with all applicable standards of the FAA and FCC, including RF energy standards;(d)    The basis for the calculation of capacities.(6)    The location of new support towers in relation to any national wildlife refuge.(7)    Applicants shall provide evidence of compliance with FAA requirements at the time of application.3.    Community Meeting.a.    The applicant shall hold a community meeting no more than ninety (90) days prior to the submission of a Type III application for a new support tower. The sole purpose of the community meeting is to exchange information on the siting and design of the new support tower, and should be scheduled to allow maximum flexibility for review of issues and alternatives prior to the application. The community meeting shall be held at a location within a reasonable distance of the proposed development site on a weekday evening at a reasonable time. A pre-application conference is not a substitute for the required community meeting.b.    Requirements.(1)    The applicant shall send a notice of the meeting at least fifteen (15) days prior to the scheduled meeting to:(a)    The county-recognized official representative of the neighborhood association, if one exists, that includes the proposed site;(b)    The county staff representative responsible for neighborhood relations; and(c)    All landowners within the notification radius of the proposed site as specified in Section 40.260.250(G)(4). The mailing list used for notification shall be based on the most recent property tax assessment rolls within thirty (30) days of mailing of the Clark County assessor. At the request of the applicant, and upon payment of an applicable fee, the county will provide the required mailing list.(2)    Coincidental with the notification mailing, the applicant shall post the meeting notification in the neighborhood news section of the local press, and shall post a sign with the meeting notification in a conspicuous location near the edge of the property containing the proposed development.(3)    The notice must identify the date, time and place of the meeting and provide a brief description of the proposed development.(4)    A copy of the notice, mailing list and the proposed development plan as presented at the meeting, as well as minutes and the sign-in sheet from the meeting, shall be submitted with the application.4.    Notification. Notification procedures of Chapter 40.510 shall apply, except that for new support towers, the notification radius shall be one thousand three hundred twenty (1,320) feet (one-quarter (1/4) mile) in rural areas and six hundred sixty (660) feet (one-eighth (1/8) mile) in urban areas.5.    Third Party Review. The review authority may require a technical review by a third party of the applicant’s justification under Section 40.260.250(E)(1) for a new tower location as part of the Type III permit review process. The first two thousand dollars ($2,000) of cost of the technical review shall be borne by the applicant, and such cost will be adjusted annually based on the implicit price deflator as determined by the Clark County Budget Office.(Amended: Ord. 2005-04-12; Ord. 2006-09-13; Ord. 2006-11-07; Ord. 2008-06-02; Ord. 2011-08-08; Ord. 2014-01-08; Ord. 2017-07-04; Ord. 2018-01-09; Ord. 2023-03-01; Ord. 2024-03-01)H.    Temporary Facilities.    In order to facilitate continuity of services during maintenance or repair of existing installations, or prior to completion of construction of a new WCF, temporary facilities shall be allowed subject to a Type I administrative review. Temporary facilities shall not be in use in excess of sixty (60) days at any one (1) location during in any given one hundred eighty (180) day period. Temporary facilities shall not have a permanent foundation, and shall be removed within thirty (30) days of suspension of services they provide.(Amended: Ord. 2024-03-01)I.    Removal for Discontinuance of Service.1.    WCFs which have not provided service for one hundred eighty (180) days shall be removed, and the site revegetated, unless an application is pending for service provision.2.    Permits for new towers shall contain a provision requiring written notice to the department of any discontinuance of service which exceeds ninety (90) consecutive days.(Amended: Ord. 2024-03-01)

A.    Purpose.    Zero lot line provisions are intended to provide flexibility for the placement of structures in new residential land divisions in order to increase usable yard area. Zero lot line developments are different from townhouse developments in that structures are not attached at property lines.(Amended: Ord. 2024-03-02)B.    Applicability.    These provisions can be used as an alternative to standard side or rear setback requirements in the R1-5, R1-6, R1-7.5, R-12, OR-12, R-18, OR-18, R-22 and OR-22 zoning districts, including within a compact lot development subject to Section 40.260.072, when the requirements of this section are applied in conjunction with a land division application.(Amended: Ord. 2024-03-02)C.    Requirements.1.    Preliminary plats using zero lot line provisions may not be approved without approval of a submitted site plan. Both the site plan and preliminary plat shall be consistent with the standards of this section and all other applicable requirements.2.    Conditions may be imposed to ensure that development on the resultant lots is consistent with the approved site plan.3.    Building permits for structures may only be approved when consistent with the approved site plan and land division.4.    Developments meeting all requirements of this section are exempt from separate site plan review under Section 40.520.040.5.    Zero setbacks may be applied to a side or rear property line; provided, that the setback on the lot abutting a zero setback lot line shall be at least ten (10) feet in the applicable single-family residential districts, and eight (8) feet in the applicable residential or office residential district, except that the setback shall be at least six (6) feet in a compact lot development in any residential district.6.    Structures less than three (3) feet to a property line must meet fire resistive provisions of the residential building code.7.    A note shall be placed on the final plat, and covenants running with the land shall be approved by the Prosecuting Attorney and recorded with the County Auditor to guarantee that the required setbacks are kept perpetually free of structures.8.    Easements for such purposes as maintenance, or for building projection encroachments beyond a zero setback line, shall be shown on the plat.(Amended: Ord. 2024-03-02)D.    Figure 40.260.260-1.(Amended: Ord. 2008-06-02; Ord. 2009-06-01; Ord. 2010-08-06; Ord. 2024-03-02)