A.    Purpose and Applicability.1.    This chapter describes how the county will process applications for development subject to review under the UDC and Title 14 of this code, and is intended to identify the procedure for determining whether development proposals are, or can be conditioned or mitigated to be, consistent with applicable policies and standards. Consistency is determined by consideration of substantial evidence in the record that is relevant to these policies and standards.2.    Interpretations and Authority. Upon request, the responsible official shall issue a formal written interpretation of a development regulation. A formal written interpretation shall be a Type I action and shall be subject to the appeal provisions of Section 40.510.010(E). If an application for an interpretation is associated with another application(s) subject to this title, then the application for the interpretation shall be combined with the associated application(s) and is subject to the same procedure type as the applications with which it is combined.3.    Authorization for Similar Uses. The responsible official may determine that a use, not specifically named in the allowed uses of a district, may be included among the allowed uses; provided, however, that a use already allowed in any other zoning district, except the industrial zoning districts, may not be permitted. The responsible official must find that the proposed use is similar in nature and has impacts on adjacent land uses and property similar to uses already allowed in the district. When this determination is made in conjunction with another application it shall be considered as the same type and subject to the same appeals process, pursuant to this chapter, as the associated application. When this determination is made without any associated application, but for a specific lot, it shall be considered a Type II process. If this determination is made without any associated application, and without a specific lot identified, it shall be considered as a Type I process. This determination may be appealed at this stage or when the determination is used in a subsequent application for development.(Amended: Ord. 2005-04-12; Ord. 2006-04-18; Ord. 2018-01-09; Ord. 2020-03-01; Ord. 2023-03-01)B.    Development Approvals Timeline – General.1.    Basic Rule. Preliminary approval of land divisions (Chapter 40.540), site plan approval (Section 40.520.040), uses subject to review and approval (R/A) (Section 40.520.020), approval of conditional use permits (Section 40.520.030), approval of planned unit developments (Section 40.520.080), approval of mixed use developments (Section 40.230.020), approval of master plans (Section 40.520.070), and approval of variances (Section 40.550.020) shall be valid for a period of seven (7) years after approval. The right to develop an approved land division, site plan, use permitted subject to review and approval (R/A), conditional use permit, planned unit development or variance or part thereof expires seven (7) years after the effective date of the decision approving such development, unless:a.    For land divisions – A fully complete application for a final plat has been submitted.b.    For use approvals that do not require a building permit – The permitted use has legally commenced on the premises.c.    For all other approvals – A building permit for the approved development has been issued and remains in effect, or a final occupancy permit has been issued.2.    Extensions – Phased Developments.a.    Those applications specifically approved for phased development may receive an unlimited number of subsequent two (2) year extensions in accordance with the following:(1)    At least one (1) phase has met the general development approvals timeline basic rule described in Section 40.500.010(B)(1);(2)    The request for the extension has been submitted in writing to the responsible official at least thirty (30) days prior to the seven (7) year deadline, or, in the case of a subsequent extension request, at least thirty (30) days prior to the expiration of the approval period;(3)    The applicant has demonstrated an active effort in pursuing the next phase of the application; and(4)    The applicant has demonstrated that there are no significant changes in conditions which would render approval of the application contrary to the public health, safety or general welfare.b.    The responsible official shall take one (1) of the following actions upon receipt of a timely extension request:(1)    Approve the extension request if no significant issues are presented under the criteria set forth in this section;(2)    Conditionally approve the application if any significant issues presented are substantially mitigated by minor revisions to the original approval;(3)    Deny the extension request if any significant issues presented cannot be substantially mitigated by minor revisions to the approved plan.c.    A request for extension approval shall be processed as a Type I action. Appeal and post-decision review of a Type I action is permitted as provided in this title.3.    Developer Agreements. Notwithstanding the foregoing, Council may approve a developer agreement under RCW 36.70B.170 through 36.70B.240 providing for a longer approval duration per Section 40.550.030.4.    Special Stormwater Rules. All permits issued pursuant to the regulations contained in Chapter 40.386 or earlier stormwater code and the 2009 or earlier version of the Clark County Stormwater Manual will expire on January 8, 2021, unless approved construction has begun on site before January 8, 2021. “Construction has begun” means, at a minimum, that site work associated with and directly related to the approved project has begun, for example, grading the project site to final grade, or the installation of utilities. Simply clearing the project site does not constitute the beginning of construction.(Amended: Ord. 2005-04-12; Ord. 2006-04-18; Ord. 2011-08-08; Ord. 2012-12-23; Ord. 2015-11-24; Ord. 2016-09-04; Ord. 2018-01-09; Ord. 2019-05-07; Ord. 2020-03-01; Ord. 2023-03-01)C.    Reapplication.    No person, including the original applicant, shall reapply for a similar use on the same land, building, or structure within a period of one (1) year from the date of the final decision on such previous application, unless such decision is a denial without prejudice, or unless, in the opinion of the review authority, conditions have substantially changed.(Amended: Ord. 2023-03-01)D.    Application Types and Classification.1.    Applications for review pursuant to Section 40.500.010(A) shall be subject to a Type I, Type II, Type III or Type IV process as summarized in Table 40.500.010-1.2.    Unless otherwise required, where the county must approve more than one (1) application for a given development, all applications required for the development may be submitted for review at one (1) time. Where more than one (1) application is submitted for a given development, and those applications are subject to different types of procedure, then all the applications are subject to the highest-number procedure that applies to any of the applications.3.    If this code expressly provides that an application is subject to one (1) of the four (4) types of procedures or another procedure, then the application shall be processed accordingly. If this code does not expressly provide for review using one (1) of the four (4) types of procedures, and another specific procedure is not required by law, the responsible official for the application in question shall classify the application as one (1) of the four (4) types of procedures.a.    The act of classifying an application shall be a Type I action. Classification of an application shall be subject to reconsideration and appeal at the same time and in the same way as the merits of the application in question.b.    Questions about what procedure is appropriate shall be resolved in favor of the type providing the greatest notice and opportunity to participate.c.    The responsible official shall consider the following guidelines when classifying the procedure type for an application:(1)    A Type I process involves an application that is subject to clear, objective and nondiscretionary standards or standards that require the exercise of professional judgment about technical issues, and that is exempt from SEPA review. The responsible official is the review authority for Type I decisions.(2)    A Type II process involves an application that is subject to objective and subjective standards that require the exercise of limited discretion about non-technical issues and about which there may be a limited public interest. The responsible official is the review authority for Type II decisions.(3)    A Type III process involves an application for relatively few parcels and ownerships. It is subject to standards that require the exercise of substantial discretion and about which there may be a broad public interest. The hearing examiner is the review authority for Type III decisions.(4)    A Type IV process involves the creation, implementation or amendment of policy or law by ordinance. In contrast to the other three (3) procedure types, the subject of a Type IV process generally applies to a relatively large geographic area containing many property owners, and except for annual reviews, an application subject to a Type IV process can be filed only by the county. Council is the review authority for Type IV decisions.(Amended: Ord. 2004-12-12; Ord. 2005-04-12; Ord. 2007-06-05; Ord. 2009-03-02; Ord. 2009-06-15; Ord. 2010-08-06; Ord. 2019-05-07; Ord. 2023-03-01)

A.    Review for Counter Complete Status.1.    Before accepting an application for review for fully complete status, and unless otherwise expressly provided by code, the responsible official shall determine the application is counter complete.2.    The responsible official shall decide whether an application is counter complete when the application is submitted, typically “over the counter.”3.    In order to review the applicable requirements with the applicant and to expedite the review process, a preliminary review meeting is strongly encouraged prior to submittal of an application for final site plan/final construction plan.a.    To request a preliminary review meeting, an applicant shall submit a completed form provided by the responsible official for that purpose. The applicant is encouraged to provide in advance or bring to the meeting all available draft application submittal requirements.b.    The responsible official shall coordinate the involvement of agency staff. Relevant staff shall attend the preliminary review meeting or shall take other steps to fulfill the purposes of the meeting.c.    If feasible, the preliminary review meeting shall be scheduled not more than fourteen (14) calendar days after the responsible official accepts the request for a preliminary review meeting.4.    An application is counter complete if the responsible official finds that the application purports and appears to include the information required by Section 40.510.010(B); provided, no effort shall be made to evaluate the substantive adequacy of the information in the application in the counter complete review process. Required information which has been waived by the responsible official shall be replaced by a determination from the responsible official granting the waiver.5.    If the responsible official decides the application is counter complete, then the application shall be accepted for review for fully complete status; provided, that for final plat applications, submittal requirements may be requested and reviewed in increments established by the responsible official.6.    If the responsible official decides the application is not counter complete, then the responsible official shall immediately reject and return the application and identify what is needed to make the application counter complete.(Amended: Ord. 2017-07-04)B.    Review for Fully Complete Status.1.    Except as noted below, before accepting an application for processing, the responsible official shall determine that the application is fully complete.a.    Final plat applications shall not be deemed fully complete until all of the required materials specified in Section 40.540.070 have been submitted; however, the responsible official may establish application procedures to allow final plat applications to be processed in increments in advance of a fully complete application.b.    Pursuant to Section 40.510.010(C)(2), applications for approval of final site plan/final construction plan shall be reviewed for completeness and correctness concurrently.2.    The responsible official shall decide whether an application is fully complete subject to the following:a.    Within twenty-one (21) calendar days after the responsible official determines the application is counter complete; orb.    Within fourteen (14) calendar days after an application has been resubmitted to the county after the application has been returned to the applicant as being incomplete.3.    An application is fully complete if it includes all the required materials specified in the submittal requirements for the specific development review application being applied for and additional materials specified in the pre-application conference. If submittal requirements are not specified in the applicable code sections the application is fully complete if it includes the following:a.    A signed statement from the applicant certifying that the application has been made with the consent of the lawful property owner(s) and that all information submitted with the application is complete and correct. False statements, errors, and/or omissions may be sufficient cause for denial of the request. Submittal of the application gives consent to the county to enter the property(ies) subject to the application;b.    The signature of the property owner or the property owner’s authorized representative;c.    A legal description supplied by the Clark County Survey Records Division, a title company, surveyor licensed in the state of Washington, or other party approved by responsible official, and current County Assessor map(s) showing the property(ies) subject to the application;d.    The applicable fee(s) adopted by Council for the application(s) in question;e.    An application shall include all of the information listed as application requirements in the relevant sections of this code.(1)    The responsible official may waive application requirements that are clearly not necessary to show an application complies with relevant criteria and standards and may modify application requirements based on the nature of the proposed application, development, site or other factors. Requests for waivers shall be reviewed as a Type I process before applications are submitted for counter complete review or the application must contain all the required information;(2)    The decision about the fully complete status of an application, including any required engineering, traffic or other studies, shall be based on submittal requirements listed in Section 40.510.050 and other applicable submittal requirements and shall not be based on the quality or technical accuracy of the submittal;f.    Any applicable SEPA document, typewritten or in ink and signed.4.    If the responsible official decides an application is not fully complete, then, within the time provided in Section 40.510.010(B)(2), the responsible official shall send the applicant a written statement indicating that the application is incomplete based on a lack of information and listing what is required to make the application fully complete.a.    The statement shall specify a date by which the required missing information must be provided to restart the fully complete review process pursuant to Section 40.510.010(B)(2)(b). The statement shall state that an applicant can apply to extend the deadline for filing the required information, and explain how to do so.b.    The statement also may include recommendations for additional information that, although not necessary to make the application fully complete, is recommended to address other issues that are or may be relevant to the review.5.    If the required information is not submitted by the date specified and the responsible official has not extended that date, within seven (7) calendar days after that date the responsible official shall take the action in Sections 40.510.010(B)(5)(a), (B)(5)(b) or (B)(5)(c). If the required information is submitted by the date specified, then within fourteen (14) calendar days the responsible official shall decide whether the application is fully complete and, if not, the responsible official shall:a.    Reject and return the application and scheduled fees and send to the applicant a written statement which lists the remaining additional information needed to make the application fully complete; orb.    Issue a decision denying the application, based on a lack of information; orc.    The responsible official may allow the applicant to restart the fully complete review process a second time by providing the required missing information by a date specified by the responsible official, in which case the responsible official shall retain the application and fee pending expiration of that date or a fully complete review of the application as amended by that date.    If the responsible official decides an application is fully complete, then the responsible official shall begin processing the application pursuant to Section 40.510.010(C).6.    A fully complete determination shall not preclude the county from requesting additional information, studies or changes to submitted information or plans if new information is required or substantial changes to the proposed action occur.(Amended: Ord. 2006-05-01; Ord. 2012-07-03; Ord. 2017-07-04; Ord. 2019-05-07)C.    Procedure.1.    Except for applications for approval of final site plan/final construction plan, the responsible official shall approve, approve with conditions, or deny the application within twenty-one (21) calendar days after the date the application was accepted as fully complete. An applicant may request in writing to extend the time in which the responsible official shall issue a decision, provided the county receives the request within the twenty-one (21) day period. If the responsible official grants such a request, the responsible official may consider new evidence the applicant introduces with or subsequent to the request.2.    Applications for Approval of Final Site Plan/Final Construction Plan.a.    Initial Review. Initial review shall be completed within twenty-one (21) calendar days of a counter-complete submittal. During the initial review, the plans shall be reviewed for completeness and correctness and the responsible official shall identify errors, omissions or inaccuracies in the application. The submittal shall also be reviewed by county staff for compliance with additional requirements including, but not limited to, wetland review, required dedications, and approval letters from other agencies. County staff shall notify the applicant or the applicant’s representative when the reviewed submittal materials are available to be picked up and, unless waived by the responsible official, shall schedule a meeting with the applicant or the applicant’s representative to review county staff’s comments.(1)    If, after the initial review, the responsible official concludes that the application complies with the requirements of the code the responsible official shall issue a decision pursuant to Section 40.510.010(C)(2)(d).(2)    If, after the initial review, the responsible official concludes that the application does not comply, the applicant shall amend the application and submit the amended application to the county for a second review.b.    Second Review. The second review shall be completed within fourteen (14) calendar days of the submittal of corrected plans. County staff shall notify the applicant or the applicant’s representative when the reviewed submittal materials are available.(1)    If, after the second review, the responsible official concludes that the application complies with the requirements of the code, the responsible official shall issue a decision pursuant to Section 40.510.010(C)(2)(d).(2)    If, after the second review, the responsible official concludes that the application does not comply, the applicant shall amend the application and submit the amended application to the county for a third review.c.    Third Review. The third review shall be completed within seven (7) calendar days of the submittal of corrected plans. Upon completion of the third review, the responsible official shall issue a decision pursuant to Section 40.510.010(C)(2)(d).d.    Within five (5) calendar days of the completion of the county’s review, the responsible official shall approve or deny the application; provided:(1)    An applicant may request additional reviews (fourth review, etc.). Such a request shall be made in writing and shall be accompanied by the fees required for such additional reviews.(2)    An applicant may request in writing to extend the time in which the responsible official shall issue a decision. The responsible official may consider new evidence the applicant introduces with or after such a written request.3.    Notice of a decision regarding a Type I process shall be sent to the applicant and applicant’s representative within seven (7) days of the issuance of the decision. The applicant may appeal the decision pursuant to Section 40.510.010(E) or may apply for post-decision changes pursuant to Section 40.520.060.4.    Notice of Agricultural, Forest or Mineral Resource Activities.a.    All plats, building permits or development approvals under this title issued for residential development activities on, or within a radius of five hundred (500) feet for lands zoned agriculture-wildlife (AG-WL), agriculture (AG-20), forest (FR-40 and FR-80), or surface mining (S), or in current use pursuant to Chapter 84.34 RCW, shall contain or be accompanied by a notice provided by the responsible official. Such notice shall include the following disclosure:The subject property is within or near designated agricultural land, forest land or mineral resource land (as applicable) on which a variety of commercial activities may occur that are not compatible with residential development for certain periods of limited duration. Potential discomforts or inconveniences 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.b.    In the case of subdivisions or short plats, such notice shall be provided in the Developer Covenants to Clark County; in the case of recorded binding site plans, such notice shall be recorded separately with the County Auditor.(Amended: Ord. 2005-04-12; Ord. 2016-06-12; Ord. 2017-07-04)D.    Vesting.1.    Type I applications shall be considered under the land development regulations in effect at the time a fully complete application for preliminary approval is filed; provided, an application which is subject to pre-application review shall earlier contingently vest on the date a complete pre-application is filed, which contingent vesting shall become final if a fully complete application for substantially the same proposal is filed within one hundred eighty (180) calendar days of the date the review authority issues its written summary of pre-application review.2.    Special rules apply to certain nonconforming uses under Section 40.530.010.3.    For concurrency approval requirements, see Section 40.350.020.E.    Appeals.1.    Applicability. A final decision regarding an application subject to a Type I procedure may be appealed by any interested party. Final decisions may be appealed only if, within fourteen (14) calendar days after written notice of the decision is sent, a written appeal is filed with the responsible official. Final site plan and final construction plan decisions are not subject to administrative appeals under this section.2.    Submittal Requirements. The appeal shall contain the following information:a.    The case number designated by the county and the name of the applicant;b.    The name and signature of each petitioner and a statement showing that each petitioner is entitled to file the appeal under Section 40.510.010(E)(1). If multiple parties file a single petition for review, the petition shall designate one (1) party as the contact representative for all contact with the responsible official. All contact with the responsible official regarding the petition, including notice, shall be with this contact representative;c.    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; andd.    The appeal fee adopted by Council; provided, the fee shall be refunded if the appellant files with the responsible official at least fifteen (15) calendar days before the appeal hearing a written statement withdrawing the appeal.3.    Appeal Decision.a.    The hearing examiner shall hear appeals, other than appeals of final site plan/final construction plan decisions, in a de novo hearing. Notice of an appeal hearing shall be sent to parties of record, but shall not be posted or published. A staff report shall be prepared, a hearing shall be conducted, and a decision shall be made and noticed and can be appealed as for a Type III process.b.    Except for SEPA appeals which are governed by RCW 43.21C.075, the applicant shall have the burden of proving by substantial evidence compliance with applicable approval standards. Where evidence is conflicting, the examiner shall decide an issue based upon the preponderance of the evidence.(Amended: Ord. 2007-11-13; Ord. 2019-05-07; Ord. 2021-07-03)

A.    Pre-Application Review.1.    The purposes of pre-application review are:a.    To acquaint county staff with a sufficient level of detail about the proposed development to enable staff to advise the applicant accordingly;b.    To acquaint the applicant with the applicable requirements of this code and other law. However, the conference is not intended to provide an exhaustive review of all the potential issues that a given application could raise. The pre-application review does not prevent the county from applying all relevant laws to the application; andc.    To provide an opportunity for other agency staff and the public to be acquainted with the proposed application and applicable law. Although members of the public can attend a pre-application conference, it is not a public hearing, and there is no obligation to receive public testimony or evidence.2.    Pre-application review is required for applications, with the following exceptions:a.    The application is for one (1) of the following use classifications:(1)    Section 40.210.010, Forest and Agriculture districts;(2)    Section 40.520.020, Planning Director reviews and similar use determinations;(3)    Chapter 40.260, special uses (unless specified as a Type III review);(4)    Section 40.260.220, temporary permits;(5)    Section 40.530.010(F)(6), change in nonconforming use;(6)    Section 40.260.210, temporary dwelling permit;(7)    Section 40.520.060, post-decision reviews;(8)    Section 40.445.040, preliminary (stand-alone) wetland permit;(9)    SEPA review for projects that are not otherwise Type II reviews (e.g., grading);(10)    Section 40.500.010, interpretations;(11)    Section 40.550.020, administrative variances;(12)    Section 40.540.120(E)(3), minor plat alterations; orb.    The applicant applies for and is granted a pre-application waiver from the responsible official. The form shall state that waiver of pre-application review increases the risk the application will be rejected or processing will be delayed. Pre-application review generally should be waived by the responsible official only if the application is relatively simple. The administrative decision regarding a pre-application waiver can be appealed as a Type I administrative decision.3.    To initiate pre-application review, an applicant shall submit a completed form provided by the responsible official for that purpose, the required fee, and all information required by the relevant section(s) of this code. The applicant shall provide the required number of copies of all information as determined by the responsible official.4.    Information not provided on the form shall be provided on the face of the preliminary plat, in an environmental checklist or on other attachments. The responsible official may modify requirements for pre-application materials and may conduct a pre-application review with less than all of the required information. However, failure to provide all of the required information may prevent the responsible official from identifying all applicable issues or providing the most effective pre-application review and will preclude contingent vesting under Section 40.510.020(G). Review for completeness will not be conducted by staff at the time of submittal and it is the responsibility of the applicant.5.    Within fifteen (15) calendar days after receipt of an application for pre-application review, the responsible official shall send written notice to the applicant and to other interested agencies and parties, including the neighborhood association in whose area the property in question is situated. The notice shall state the date, time and location of the pre-application conference, the purposes of pre-application review, and the nature of the proposal.6.    The responsible official shall coordinate the involvement of agency staff responsible for planning, development review, roads, drainage, parks and other subjects, as appropriate, in the pre-application review process. Relevant staff shall attend the pre-application conference or shall take other steps to fulfill the purposes of pre-application review.7.    The pre-application conference shall be scheduled at least five (5) calendar days after the notice is mailed but not more than twenty-eight (28) calendar days after the responsible official accepts the application for pre-application review. The responsible official shall reschedule the conference and give new notice if the applicant or applicant’s representative cannot or does not attend the conference when scheduled.8.    Within seven (7) calendar days after the date of the pre-application conference, the responsible official shall send to the applicant and to other parties who attend the conference or who otherwise request it in writing, a written summary of the pre-application review. The written summary generally shall do the following to the extent possible given the information provided by the applicant:a.    Summarize the proposed application(s);b.    Identify the relevant approval criteria and development standards in this code or other applicable law and exceptions, adjustments or other variations from applicable criteria or standards that may be necessary;c.    Evaluate information the applicant offered to comply with the relevant criteria and standards, and identify specific additional information that is needed to respond to the relevant criteria and standards or is recommended to respond to other issues;d.    Identify applicable application fees in effect at the time, with a disclaimer that fees may change;e.    Identify information relevant to the application that may be in the possession of the county or other agencies of which the county is aware, such as:(1)    Comprehensive plan map designation and zoning on and in the vicinity of the property subject to the application;(2)    Physical development limitations, such as steep or unstable slopes, wetlands, wellhead protection areas, water bodies, or special flood hazard areas, that exist on and in the vicinity of the property subject to the application;(3)    Those public facilities that will serve the property subject to the application, including fire services, roads, storm drainage, and, if residential, parks and schools, and relevant service considerations, such as minimum access and fire flow requirements or other minimum service levels and impact fees; and(4)    Other applications that have been approved or are being considered for land in the vicinity of the property subject to the proposed application that may affect or be affected by the proposed application;f.    Where applicable, indicate whether the pre-application submittal was complete so as to trigger contingent vesting under Section 40.510.020(G).9.    An applicant may submit a written request for a second pre-application conference within one (1) calendar year after an initial pre-application conference. There is no additional fee for a second conference if the proposed development is substantially similar to the one reviewed in the first pre-application conference or if it reflects changes based on information received at the first pre-application conference. A request for a second pre-application conference shall be subject to the same procedure as the request for the initial pre-application conference.10.    A new request for or waiver of a pre-application review for a given development shall be filed unless the applicant submits a fully complete application that the responsible official finds is substantially similar to the subject of a pre-application review within one (1) calendar year after the last pre-application conference or after approval of waiver of pre-application review.(Amended: Ord. 2005-04-12; Ord. 2006-05-01; Ord. 2007-06-05; Ord. 2007-11-13; Ord. 2009-03-02; Ord. 2009-07-01; Ord. 2010-08-06; Ord. 2017-07-04; Ord. 2020-03-01; Ord. 2024-03-01; Ord. 2025-07-01)B.    Review for Counter Complete Status.1.    Before accepting an application for review for fully complete status, and unless otherwise expressly provided by code, the responsible official shall determine the application is counter complete.2.    The responsible official shall decide whether an application is counter complete when the application is accepted, typically “over the counter.”3.    An application is counter complete if the responsible official finds that the application purports and appears to include the information required by Section 40.510.020(C); provided, no effort shall be made to evaluate the substantive adequacy of the information in the application in the counter complete review process. Required information which has been waived by the responsible official shall be replaced by a determination from the responsible official granting the waiver.4.    If the responsible official decides the application is counter complete, then the application shall be accepted for review for fully complete status.5.    If the responsible official decides the application is not counter complete, then the responsible official shall immediately reject and return the application and identify what is needed to make the application counter complete.(Amended: Ord. 2017-07-04; Ord. 2024-03-01; Ord. 2025-07-01)C.    Review for Fully Complete Status.1.    Before accepting an application for processing, the responsible official shall determine that the application is fully complete.2.    The responsible official shall decide whether an application is fully complete subject to the following:a.    Within twenty-one (21) calendar days after the responsible official determines the application is counter complete; orb.    Within fourteen (14) calendar days after an application has been resubmitted to the county after the application has been returned to the applicant as being incomplete.3.    An application is fully complete if it includes all the required materials specified in the submittal requirements for the specific development review application being applied for and additional materials specified in the pre-application conference. If submittal requirements are not specified in the applicable code sections the application is fully complete if it includes the following:a.    A signed statement from the applicant certifying that the application has been made with the consent of the lawful property owner(s) and that all information submitted with the application is complete and correct. False statements, errors, and/or omissions may be sufficient cause for denial of the request. Submittal of the application gives consent to the county to enter the property(ies) subject to the application;b.    The signature of the property owner or the property owner’s authorized representative;c.    A legal description supplied by the Clark County Survey Records Division, a title company, surveyor licensed in the state of Washington, or other party approved by the responsible official, and current County Assessor map(s) showing the property(ies) subject to the application;d.    A current County Assessor map(s) showing the property(ies) within a radius of the subject site as required in Section 40.510.020(E);e.    Unless the responsible official has waived the pre-application conference or a pre-application conference was not required pursuant to Section 40.510.020(A)(2), a copy of the pre-application conference summary, and information required by the pre-application conference summary, unless not timely prepared as required by Section 40.510.020(A)(8);f.    The applicable fee(s) adopted by Council for the application(s) in question;g.    An application shall include all of the information listed as application requirements in the relevant sections of this code.(1)    The responsible official may waive application requirements that are clearly not necessary to show an application complies with relevant criteria and standards and may modify application requirements based on the nature of the proposed application, development, site or other factors. Requests for waivers shall be reviewed as a Type I process before applications are submitted for counter complete review or the application must contain all the required information;(2)    The decision about the fully complete status of an application, including any required engineering, traffic or other studies, shall be based on the criteria for completeness as established by the responsible official and shall not be based on differences of opinion as to quality or accuracy;h.    Any applicable SEPA document, typewritten or in ink and signed.4.    If the responsible official decides an application is not fully complete, then, within the time provided in Section 40.510.020(C)(2), the responsible official shall send the applicant a written statement indicating that the application is incomplete based on a lack of information and listing what is required to make the application fully complete.a.    The statement shall specify a date by which the required missing information must be provided to restart the fully complete review process pursuant to Section     40.510.020(C)(2)(b). The statement shall state that an applicant can apply to extend the deadline for filing the required information, and explain how to do so.b.    The statement also may include recommendations for additional information that, although not necessary to make the application fully complete, is recommended to address other issues that are or may be relevant to the review.5.    If the required information is not submitted by the date specified and the responsible official has not extended that date, within seven (7) calendar days after that date the responsible official shall take the action in Section 40.510.020(C)(5)(a) or (C)(5)(b). If the required information is submitted by the date specified, then within fourteen (14) calendar days the responsible official shall decide whether the application is fully complete and, if not, the responsible official shall:a.    Reject and return the application and scheduled fees and send to the applicant a written statement which lists the remaining additional information needed to make the application fully complete; orb.    Issue an administrative decision denying the application, based on a lack of information; provided, the responsible official may allow the applicant to restart the fully complete review process a second time by providing the required missing information by a date specified by the responsible official, in which case the responsible official shall retain the application and fee pending expiration of that date or a fully complete review of the application as amended by that date.6.    If the responsible official decides an application is fully complete, then the responsible official shall, within fourteen (14) calendar days of making this determination:a.    Forward the application to the county staff responsible for processing it;b.    Send a written notice of receipt of a complete application to the applicant acknowledging acceptance, listing the name and telephone number of a contact person for the responsible official, and describing the expected review schedule;c.    Prepare a public notice in accordance with Section 40.510.020(E).7.    An application shall be determined fully complete if a written determination has not been sent to the applicant within twenty-eight (28) calendar days of the date the application is submitted. An application shall be determined fully complete if a written determination has not been sent to the applicant within fourteen (14) calendar days of the date that the necessary additional information is submitted.8.    A fully complete determination shall not preclude the county from requesting additional information, studies or changes to submitted information or plans if new information is required or substantial changes to the proposed action occur.(Amended: Ord. 2006-05-01; Ord. 2012-07-03; Ord. 2017-07-04; Ord. 2019-05-07; Ord. 2024-03-01; Ord. 2025-07-01)D.    Procedure.1.    Within fourteen (14) calendar days after the date an application is accepted as fully complete, the responsible official for the application shall issue a public notice of the application pending review consistent with the requirements of Section 40.510.020(E).2.    The responsible official shall send to the applicant a copy of comments timely received in response to the notice together with a statement that the applicant may respond to the comments within fourteen (14) calendar days from the date the comments are sent. The responsible official shall consider the comments timely received in response to the notice and timely responses by the applicant to those comments. The responsible official may consider comments and responses received after the deadline for filing.3.    An administrative decision shall be made within the timelines specified by Section 40.510.020(F), and shall include:a.    A statement of the applicable criteria and standards in this code and other applicable law;b.    A statement of the facts that the responsible official found showed the application does or does not comply with each applicable approval criterion and assurance of compliance with applicable standards;c.    The reasons for a conclusion to approve or deny; andd.    The administrative decision to deny or approve the application and, if approved, conditions of approval necessary to ensure the proposed development will comply with applicable law.4.    Within seven (7) calendar days of the administrative decision, the responsible official shall send a notice of administrative decision to the applicant and applicant’s representative, the neighborhood association in whose area the property in question is situated, and all parties of record regarding the application. For applications on all lands within the Columbia River Gorge National Scenic Area, the responsible official shall also send a notice of administrative decision to the parties listed in Section 40.240.050(G)(4) for applications reviewed under the standard review process or Section 40.240.060(D)(6) for applications reviewed under the expedited review process. The notice shall include the following information:a.    A statement that the administrative decision and SEPA determination may be appealed as provided in Section 40.510.020(H) to the hearing examiner within fourteen (14) calendar days after the notice of administrative decision. The appeal closing date shall be listed in boldface type. The statement shall describe how a party may appeal the administrative decision or SEPA determination or both, including applicable fees and the elements of an appeal statement; andb.    A statement that the complete case file, including findings, conclusions and conditions of approval, if any, is available for review. The notice shall list the place, days and times where the case file is available and the name and telephone number of the county representative to contact about reviewing the case file.5.    Notice of Agricultural, Forest or Mineral Resource Activities.a.    All plats, building permits or development approvals under this title issued for residential development activities on, or within a radius of five hundred (500) feet for lands zoned agriculture-wildlife (AG-WL), agriculture (AG-20), forest (FR-40 and FR-80), or surface mining (S), or in current use pursuant to Chapter 84.34 RCW, shall contain or be accompanied by a notice provided by the responsible official. Such notice shall include the following disclosure:The subject property is within or near designated agricultural land, forest land or mineral resource land (as applicable) on which a variety of commercial activities may occur that are not compatible with residential development for certain periods of limited duration. Potential discomforts or inconveniences 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.b.    In the case of subdivisions or short plats, such notice shall be provided in the Developer Covenants to Clark County; in the case of recorded binding site plans, such notice shall be recorded separately with the County Auditor.(Amended: Ord. 2005-04-12; Ord. 2016-06-12; Ord. 2017-07-04; Ord. 2024-03-01; Ord. 2025-07-01)E.    Public Notice.1.    The notice of the application shall include the following information, to the extent known:a.    The project name, the case file number(s), date of application, the date the application was determined fully complete, and the date the notice is sent;b.    A description of the proposed project and a list of project permits included with the application;c.    A statement of the public comment period, that the public has the right to comment on the application, receive notice of and participate in any hearings, request a copy of the administrative decision once made, and any appeal rights. A statement shall indicate that written comments received by the county within fifteen (15) calendar days from the date of the notice will be considered;d.    The deadline for submitting a SEPA appeal pursuant to Section 40.570.080(D);e.    A statement of the preliminary SEPA determination, if one has been made;f.    A list of applicable code sections;g.    The name of the applicant or applicant’s representative and the name, address and telephone number of a contact person for the applicant, if any;h.    A description of the site, including current zoning and nearest road intersections, reasonably sufficient to inform the reader of its location and zoning;i.    A map showing the subject property in relation to other properties or a reduced copy of the site plan;j.    The date, place and times where information about the application may be examined and the name and telephone number of the county representative to contact about the application; andk.    Any additional information determined appropriate by the county;l.    Additional information as specified in Sections 40.240.050(E) and 40.240.060(D) for applications on all lands within the Columbia River Gorge National Scenic Area.2.    Distribution.a.    The responsible official shall send a copy of the notice to:(1)    The applicant and the applicant’s representative;(2)    The neighborhood association in whose area the property in question is situated, based on the list of neighborhood associations kept by the responsible official and known interest groups;(3)    Owners of property within a radius of five hundred (500) feet of the property that is the subject of the application if the subject property is inside the urban growth boundary or to owners or property within a radius of one thousand (1,000) feet of the property if the subject property is outside the urban growth boundary; provided, however, that the notification radius shall be increased until it includes at least twenty (20) neighboring properties;(a)    The records of the County Assessor shall be used for determining the property owner of record. The failure of a property owner to receive notice shall not affect the administrative decision if the notice was sent. A sworn certificate of mailing executed by the person who did the mailing shall be evidence that notice was mailed to parties listed or referenced in the certificate, and(b)    If the applicant owns property adjoining the property that is the subject of the application, then notice shall be mailed to owners of property within a five hundred (500) or one thousand (1,000) foot radius, as provided in this subsection, of the edge of the property owned by the applicant adjoining the property that is the subject of the application; provided, however, that the notification radius shall be increased until it includes at least twenty (20) neighboring properties;(4)    Agencies with jurisdiction; and(5)    To other people the responsible official believes may be affected by the proposed action or who request such notice in writing;(6)    Other parties as outlined in Sections 40.240.050(E) and 40.240.060(D) for applications on all lands within the Columbia River Gorge National Scenic Area.(Amended: Ord. 2007-06-05; Ord. 2024-03-01; Ord. 2025-07-01)F.    Administrative Decision Timelines.    Not more than seventy-eight (78) calendar days after the date an application is determined fully complete, the responsible official shall issue a written administrative decision regarding the application(s); provided:1.    If a determination of significance (DS) is issued, then the responsible official shall issue an administrative decision not sooner than seven (7) calendar days after a final environmental impact statement is issued.2.    An applicant may request in writing to extend the time in which the responsible official shall issue an administrative decision. If the responsible official grants such a request, the responsible official may consider new evidence the applicant introduces with or subsequent to the request.3.    In determining the number of days that have elapsed after the county has notified the applicant that the application is fully complete, the following periods shall be excluded:a.    Any period during which the applicant has been requested by the county to correct plans, perform required studies, or provide additional required information. The responsible official shall specify a time period based on the complexity of the required information in which the required information must be submitted. The period shall be calculated from the date the county notifies the applicant of the need for additional information until the date the information has been provided to the county.b.    If the county determines that the information submitted by the applicant under Section 40.510.020(F)(3)(a) is insufficient, it shall notify the applicant of the deficiencies and the procedures under Section 40.510.020(F)(3)(a) shall apply as if a new request for studies had been made.c.    Any period of time during which an environmental impact statement is being prepared; provided, that the maximum time allowed to prepare an environmental impact statement shall be one (1) year from the issuance of the determination of significance unless the responsible official and applicant have otherwise agreed in writing to a longer period of time. If no mutual written agreement is completed, then the application shall become null and void after the one (1) year period unless the responsible official determines that delay in completion is due to factors beyond the control of the applicant.d.    Any period of time as outlined in Section 40.240.180(D) for applications within the Columbia River Gorge National Scenic Area.(Amended: Ord. 2024-03-01; Ord. 2025-07-01)G.    Vesting.1.    Type II applications shall be considered under the development regulations in effect at the time a fully complete application for preliminary approval is filed.2.    Contingent Vesting. An application which is subject to pre-application review shall earlier contingently vest on the date a fully complete pre-application is submitted. This 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 its written summary of pre-application review subject to the limitations of Section 40.510.020(A)(4). Requests to waive contingent vesting rights by the applicant shall be approved, subject to the request being submitted in writing and submitted as part of the full application package.3.    Special rules apply to certain nonconforming uses under Section 40.530.010.4.    For concurrency approval requirements, see Section 40.350.020.(Amended: Ord. 2007-06-05; Ord. 2024-03-01; Ord. 2025-07-01)H.    Appeals.1.    Applicability. An administrative decision may be appealed only by a party of record. Administrative decisions may be appealed if, within fourteen (14) calendar days after written notice of the administrative decision is sent, a written appeal is filed with the responsible official.2.    Submittal Requirements. The appeal shall contain the following information:a.    The case number designated by the county and the name of the applicant;b.    The name of each petitioner, the signature of each petitioner or his or her duly authorized representative, and a statement showing that each petitioner is entitled to file the appeal under Section 40.510.020(H)(1). If multiple parties file a single petition for review, the petition shall designate one (1) party as the contact representative for all contact with the responsible official. All contact with the responsible official regarding the petition, including notice, shall be with this contact representative;c.    The specific aspect(s) of the administrative decision and/or SEPA issue 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; andd.    The appeal fee adopted by Council; provided, the scheduled fee shall be refunded if the applicant files with the responsible official at least fifteen (15) calendar days before the appeal hearing a written statement withdrawing the appeal.3.    Appeal Procedures.a.    The hearing examiner shall review administrative decisions de novo. The record for the appeal shall not be limited to the record of the administrative decision; any person may submit new information and argument for the examiner’s consideration on appeal. Notice of an appeal hearing shall be sent to parties of record, but shall not be posted or published. A staff report shall be prepared, a hearing shall be conducted, and an examiner’s decision shall be made and noticed.b.    Except for SEPA appeals which are governed by RCW 43.21C.075, the applicant shall have the burden of proving by substantial evidence compliance with applicable approval standards. Where evidence is conflicting, the examiner shall decide an issue based upon the preponderance of the evidence.(Amended: Ord. 2005-10-04; Ord. 2007-11-13; Ord. 2019-05-07; Ord. 2021-07-03; Ord. 2021-12-02; Ord. 2024-03-01; Ord. 2025-07-01)

A.    Purpose.    The purpose of this section is to provide an alternative process for reviews of conditional uses, planned unit developments, and master plans which combine features of the Type II and Type III processes.(Amended: Ord. 2024-03-01)B.    Applicability.1.    Under this section, applications for conditional use permits, planned unit developments, and master plans shall be reviewed using a Type II-A process, and in conjunction with Sections 40.520.030(C), 40.520.070(D) and (E), and 40.520.080(F).(Amended: Ord. 2024-03-01)C.    Approval Process.1.    Pre-application review under Section 40.510.030(A) is required for all conditional uses, planned unit developments and master plans.2.    Community Meeting.a.    The applicant must hold a community meeting within the ninety (90) day period prior to the submittal of an application for a conditional use, planned unit development, or master planned development. This meeting is to exchange information on the development design, and review issues and alternatives prior to the application. The meeting must be held on a weekday evening at a location within a reasonable distance of the proposed development site and/or a widely available virtual meeting platform. A pre-application conference does not substitute for a community meeting.b.    The applicant must send out notices at least fifteen (15) days prior to the meeting to the following:(1)    The county-recognized official representative of the neighborhood association, if one exists, that includes the proposed site;(2)    The county staff representative responsible for neighborhood relations; and(3)    All landowners within a radius of one thousand (1,000) feet of the proposed site; provided, however, that the notification radius shall be increased until it includes at least twenty (20) neighboring properties.(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.c.    The notice must identify the date, time and place of the meeting and provide a description of the proposed development.d.    The applicant must post the meeting notification in the neighborhood news section of the local press, and post a sign with the meeting notification in a conspicuous location near the edge of the property containing the proposed development.e.    A copy of the notice, mailing list, proposed development plan, minutes and sign-in sheet from the meeting must be submitted with the application.3.    After the community meeting is held, the application shall be processed following the procedures in Section 40.510.020, unless a public hearing is required under Section 40.510.025(C)(5).4.    Exceptions.a.    A public hearing is required if:(1)    The applicant requests the application be processed as a Type III review;(2)    The responsible official refers the proposal to the Hearing Examiner; or(3)    A hearing is requested by anyone within twenty-one (21) days from when the public comment period began.5.    Public Hearing Requested.    If a public hearing is requested:a.    Public hearing notices and procedures as required under Section 40.510.030 shall be required; andb.    The Hearing Examiner shall review the application and approve, approve with conditions, or deny the application.(Added: Ord. 2010-08-06; Ord. 2012-07-03; Ord. 2012-12-23; Ord. 2024-03-01)

A.    Pre-Application Review.1.    The purposes of pre-application review are:a.    To acquaint county staff with a sufficient level of detail about the proposed development to enable staff to advise the applicant accordingly;b.    To acquaint the applicant with the applicable requirements of this code and other law. However, the conference is not intended to provide an exhaustive review of all the potential issues that a given application could raise. The pre-application review does not prevent the county from applying all relevant laws to the application; andc.    To provide an opportunity for other agency staff and the public to be acquainted with the proposed application and applicable law. Although members of the public can attend a pre-application conference, it is not a public hearing, and there is no obligation to receive public testimony or evidence.2.    Pre-application review is required for applications, with the following exceptions:a.    The application is for a post-decision review, as described in Section 40.520.060; orb.    The applicant applies for and is granted a pre-application waiver from the responsible official. The form shall state that waiver of pre-application review increases the risk the application will be rejected or processing will be delayed. Pre-application review generally should be waived by the responsible official only if the application is relatively simple. The administrative decision to waive a pre-application can be appealed as a Type I administrative decision.3.    To initiate pre-application review, an applicant shall submit a completed form provided by the responsible official for that purpose, the required fee, and all information required by the relevant section(s) of this code. The applicant shall provide the required number of copies of all information as determined by the responsible official.4.    Information not provided on the form shall be provided on the face of the preliminary plat, in an environmental checklist or on other attachments. The responsible official may modify requirements for pre-application materials and may conduct a pre-application review with less than all of the required information. However, failure to provide all of the required information may prevent the responsible official from identifying all applicable issues or providing the most effective pre-application review and will preclude contingent vesting under Section 40.510.030(G). Review for completeness will not be conducted by staff at the time of submittal and it is the responsibility of the applicant.5.    Within fifteen (15) calendar days after receipt of an application for pre-application review, the responsible official shall send written notice to the applicant and to other interested agencies and parties, including the neighborhood association in whose area the property in question is situated. The notice shall state the date, time and location of the pre-application conference, the purposes of pre-application review, and the nature of the conference.6.    The responsible official shall coordinate the involvement of agency staff responsible for planning, development review, roads, drainage, parks and other subjects, as appropriate, in the pre-application review process. Relevant staff shall attend the pre-application conference or shall take other steps to fulfill the purposes of pre-application review.7.    The pre-application conference shall be scheduled at least five (5) calendar days after the notice is sent but not more than twenty-eight (28) calendar days after the responsible official accepts the application for pre-application review. Pre-applications for essential public facilities will have a longer scheduling timeline of not more than forty-five (45) calendar days after the responsible official accepts the application for pre-application review. The responsible official shall reschedule the conference and give new notice if the applicant or applicant’s representative cannot or does not attend the conference when scheduled.8.    Within seven (7) calendar days after the date of the pre-application conference, the responsible official shall send to the applicant and to other parties who attend the pre-application conference or who otherwise request it in writing, a written summary of the pre-application review. The written summary generally shall do the following to the extent possible given the information provided by the applicant:a.    Summarize the proposed application(s);b.    Identify the relevant approval criteria and development standards in this code or other applicable law and exceptions, adjustments or other variations from applicable criteria or standards that may be necessary;c.    Evaluate information the applicant offered to comply with the relevant criteria and standards, and identify specific additional information that is needed to respond to the relevant criteria and standards or is recommended to respond to other issues;d.    Identify applicable application fees in effect at the time, with a disclaimer that fees may change;e.    Identify information relevant to the application that may be in the possession of the county or other agencies of which the county is aware, such as:(1)    Comprehensive plan map designation and zoning on and in the vicinity of the property subject to the application;(2)    Physical development limitations, such as steep or unstable slopes, wetlands, well head protection areas, water bodies, or special flood hazard areas, that exist on and in the vicinity of the property subject to the application;(3)    Those public facilities that will serve the property subject to the application, including fire services, roads, storm drainage, and, if residential, parks and schools, and relevant service considerations, such as minimum access and fire flow requirements or other minimum service levels and impact fees; and(4)    Other applications that have been approved or are being considered for land in the vicinity of the property subject to the proposed application that may affect or be affected by the proposed application;f.    Where applicable, indicate whether the pre-application submittal was complete so as to trigger contingent vesting under Section 40.510.030(G).9.    An applicant may submit a written request for a second pre-application conference within one (1) calendar year after an initial pre-application conference. There is no additional fee for a second conference if the proposed development is substantially similar to the one reviewed in the first pre-application conference or if it reflects changes based on information received at the first pre-application conference. A request for a second pre-application conference shall be subject to the same procedure as the request for the initial pre-application conference.10.    A request for or waiver of a pre-application review for a given development shall be filed unless the applicant submits a fully complete application that the responsible official finds is substantially similar to the subject of a pre-application review within one (1) calendar year after the last pre-application conference or after approval of waiver of pre-application review.(Amended: Ord. 2007-11-13; Ord. 2009-03-02; Ord. 2017-07-04; Ord. 2023-11-28; Ord. 2024-03-01; Ord. 2025-07-01)B.    Review for Counter Complete Status.1.    Before accepting an application for review for fully complete status, and unless otherwise expressly provided by code, the responsible official shall determine the application is counter complete.2.    The responsible official shall decide whether an application is counter complete when the application is accepted, typically “over the counter.”3.    An application is counter complete if the responsible official finds that the application purports and appears to include the information required by Section 40.510.030(C)(3); provided, no effort shall be made to evaluate the substantive adequacy of the information in the application in the counter complete review process. Required information which has been waived by the responsible official shall be replaced by a determination from the responsible official granting the waiver.4.    If the responsible official decides the application is counter complete, then the application shall be accepted for review for fully complete status.5.    If the responsible official decides the application is not counter complete, then the responsible official shall immediately reject and return the application and identify what is needed to make the application counter complete.(Amended: Ord. 2017-07-04; Ord. 2024-03-01; Ord. 2025-07-01)C.    Review for Fully Complete Status.1.    Before accepting an application for processing, the responsible official shall determine that the application is fully complete.2.    The responsible official shall decide whether an application is fully complete subject to the following:a.    Within twenty-one (21) calendar days after the responsible official determines the application is counter complete; orb.    Within fourteen (14) calendar days after an application has been resubmitted to the county after the application has been returned to the applicant as being incomplete.3.    An application is fully complete if it includes all the required materials specified in the submittal requirements for the specific development review application being applied for and additional materials specified in the pre-application conference. If submittal requirements are not specified in the applicable code sections the application is fully complete if it includes the following:a.    A signed statement from the applicant certifying that the application has been made with the consent of the lawful property owner(s) and that all information submitted with the application is complete and correct. False statements, errors, and/or omissions may be sufficient cause for denial of the request. Submittal of the application gives consent to the county to enter the property(ies) subject to the application;b.    The signature of the property owner or the property owner’s authorized representative;c.    A written narrative that addresses the following:(1)    How the application meets or exceeds each of the applicable approval criteria and standards; and(2)    How the issues identified in the pre-application conference have been addressed, and generally, how services will be provided to the site;d.    A current County Assessor map(s) showing the property(ies) within a radius of the subject site as required in Sections 40.510.030(E);e.    A legal description supplied by the Clark County Survey Records Division, a title company, surveyor licensed in the state of Washington, or other party approved by the responsible official, and current County Assessor map(s) showing the property(ies) subject to the application;f.    Unless the responsible official has waived the pre-application conference, a copy of the pre-application conference summary, and information required by the pre-application conference summary, unless not timely prepared as required by Section 40.510.030(A)(8);g.    A preliminary site plan or plat that shows existing conditions and proposed improvements;h.    The applicable fee(s) adopted by Council for the application(s) in question;i.    Any applicable SEPA document, typewritten or in ink and signed.4.    An application shall include all of the information listed as application requirements in the relevant sections of this code.a.    The responsible official may waive application requirements that are clearly not necessary to show an application complies with relevant criteria and standards and may modify application requirements based on the nature of the proposed application, development, site or other factors. Requests for waivers shall be reviewed as a Type I process before applications are submitted for counter complete review or the application must contain all the required information;b.    The decision about the fully complete status of an application, including any required engineering, traffic or other studies, shall be based on the criteria for completeness and methodology set forth in this code or in implementing measures timely adopted by the responsible official and shall not be based on differences of opinion as to quality or accuracy.5.    If the responsible official decides an application is not fully complete, then, within the time provided in Section 40.510.030(C)(2), the responsible official shall send the applicant a written statement indicating that the application is incomplete based on a lack of information and listing what is required to make the application fully complete.a.    The statement shall specify a date by which the required missing information must be provided to restart the fully complete review process pursuant to     Section 40.510.030(C)(2)(b). The statement shall state that an applicant can apply to extend the deadline for filing the required information, and explain how to do so.b.    The statement also may include recommendations for additional information that, although not necessary to make the application fully complete, is recommended to address other issues that are or may be relevant to the review.6.    If the required information is not submitted by the date specified and the responsible official has not extended that date, within seven (7) calendar days after that date the responsible official shall take the action in Section 40.510.030(C)(6)(a) or (C)(6)(b). If the required information is submitted by the date specified, then within fourteen (14) calendar days the responsible official shall decide whether the application is fully complete and, if not, the responsible official shall:a.    Reject and return the application and scheduled fees and send to the applicant a written statement which lists the remaining additional information needed to make the application fully complete; orb.    Issue an administrative decision denying the application, based on a lack of information; provided, the responsible official may allow the applicant to restart the fully complete review process a second time by providing the required missing information by a date specified by the responsible official, in which case the responsible official shall retain the application and fee pending expiration of that date or a fully complete review of the application as amended by that date.7.    If the responsible official decides an application is fully complete, then the responsible official shall, within fourteen (14) calendar days of making this determination:a.    Forward the application to the county staff responsible for processing it, and schedule public hearing;b.    Send a written notice of receipt of a complete application to the applicant acknowledging acceptance, listing the name and telephone number of a contact person at the review authority, and describing the expected review schedule, including the date of a hearing for a Type III process;c.    Prepare a public notice in accordance with Section 40.510.030(E).8.    An application shall be determined fully complete if a written determination has not been sent to the applicant within twenty-eight (28) calendar days of the date the application is submitted. An application shall be determined fully complete if a written determination has not been sent to the applicant within fourteen (14) calendar days of the date that the necessary additional information is submitted.9.    A fully complete determination shall not preclude the county from requesting additional information, studies or changes to submitted information or plans if new information is required or substantial changes to the proposed action occur.(Amended: Ord. 2006-05-01; Ord. 2012-07-03; Ord. 2017-07-04; Ord. 2019-05-07; Ord. 2024-03-01; Ord. 2025-07-01)D.    Procedure.1.    At least one (1) public hearing before the hearing examiner is required. The public hearing should be held within seventy-eight (78) calendar days after the date the responsible official issues the determination that the application is fully complete.2.    At least fifteen (15) calendar days before the date of a hearing, the responsible official shall issue a public notice of the hearing consistent with the requirements in Section 40.510.030(E).3.    At least fifteen (15) calendar days before the date of the hearing for an application(s), the responsible official shall issue a written staff report and recommendation regarding the application(s), shall make available to the public a copy of the staff report for review and inspection, and shall send a copy of the staff report and recommendation without charge to the hearing examiner and to the applicant and applicant’s representative. The responsible official shall send or provide a copy of the staff report at reasonable charge to other parties who request it.4.    Public hearings shall be conducted in accordance with the rules of procedure adopted by the hearing examiner, except to the extent waived by the hearing examiner. A public hearing shall be recorded electronically.a.    At the beginning of a hearing or agenda of hearings, the hearing examiner shall:(1)    State that testimony will be received only if it is relevant to the applicable approval criteria and development standards and is not unduly repetitious;(2)    Identify the applicable approval criteria and development standards;(3)    State that the hearing examiner will consider any party’s request that the hearing be continued or that the record be kept open for a period of time and may grant or deny that request;(4)    State that the hearing examiner must be impartial and whether the hearing examiner has had any ex parte contact or has any personal or business interest in the application. The hearing examiner shall afford parties an opportunity to challenge the impartiality of the authority;(5)    State whether the hearing examiner has visited the site;(6)    State that persons who want to receive notice of the examiner’s decision may sign a list for that purpose at the hearing and where that list is kept; and(7)    Summarize the conduct of the hearing.b.    At the conclusion of the hearing on each application, the hearing examiner shall announce one (1) of the following actions:(1)    That the hearing is continued. If the hearing is continued to a place, date and time certain, then additional notice of the continued hearing is not required to be mailed, published or posted. If the hearing is not continued to a place, date and time certain, then notice of the continued hearing shall be given as though it was the initial hearing. The hearing examiner shall adopt guidelines for reviewing requests for continuances;(2)    That the public record is held open to a date and time certain. The hearing examiner shall state where additional written evidence and testimony can be sent, and shall announce any limits on the nature of the evidence that will be received after the hearing. The hearing examiner may adopt guidelines for reviewing requests to hold open the record;(3)    That the application(s) is/are taken under advisement, and an examiner’s decision will be issued as provided in Section 40.510.030(D)(6); or(4)    That the application(s) is/are denied, approved or approved with conditions, together with a brief summary of the basis for the examiner’s decision, and that an examiner’s decision will be issued as provided in Section 40.510.030(D)(5).5.    Unless the applicant agrees to allow more time, within fourteen (14) calendar days after the date the record closes, the examiner’s decision shall be issued; provided, the examiner’s decision shall not be issued until at least fifteen (15) calendar days after the threshold determination under Chapter 40.570 is made. The examiner’s decision shall include:a.    A statement of the applicable criteria and standards in this code and other applicable law;b.    A statement of the facts that the hearing examiner found showed the application does or does not comply with each applicable approval criterion and standards;c.    The reasons for a conclusion to approve or deny; andd.    The examiner’s decision to deny or approve the application and, if approved, any conditions of approval necessary to ensure the proposed development will comply with applicable criteria and standards.6.    Within seven (7) calendar days from the date of the examiner’s decision, the responsible official shall send the notice of examiner’s decision to the applicant and applicant’s representative, the neighborhood association in whose area the property in question is situated, and all parties of record. For applications on all lands within the Columbia River Gorge National Scenic Area, the responsible official shall also send a notice of the examiner’s decision to the parties listed in Section 40.240.050(G)(4). The notice shall include the following information:a.    A statement that the examiner’s decision and SEPA determination, if applicable, may be appealed as provided in Section 40.510.030(I) within fourteen (14) calendar days after the date the notice is sent. The appeal closing date shall be listed in boldface type. The statement shall describe how a party may appeal the examiner’s decision or SEPA determination, or both, including applicable fees and the elements of a petition for review;b.    A statement that the complete case file is available for review. The statement shall list the place, days and times where the case file is available and the name and telephone number of the county representative to contact for information about the case.7.    Notice of Agricultural, Forest or Mineral Resource Activities.a.    All plats, building permits or development approvals under this title issued for residential development activities on, or within a radius of five hundred (500) feet for lands zoned agriculture-wildlife (AG-WL), agriculture (AG-20), forest (FR-40 and FR-80), or surface mining (S), or in current use pursuant to Chapter 84.34 RCW, shall contain or be accompanied by a notice provided by the responsible official. Such notice shall include the following disclosure:The subject property is within or near designated agricultural land, forest land or mineral resource land (as applicable) on which a variety of commercial activities may occur that are not compatible with residential development for certain periods of limited duration. Potential discomforts or inconveniences 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.b.    In the case of subdivisions or short plats, such notice shall be provided in the Developer Covenants to Clark County; in the case of recorded binding site plans, such notice shall be recorded separately with the County Auditor.(Amended: Ord. 2005-04-12; Ord. 2008-06-02; Ord. 2016-06-12; Ord. 2017-07-04; Ord. 2019-05-07; Ord. 2024-03-01; Ord. 2025-07-01)E.    Public Notice.1.    The notice of the application shall include the following information, to the extent known:a.    The project name, the case file number(s), date of application, the date the application was determined fully complete, and the date the notice is sent;b.    A description of the proposed project and a list of project permits included with the application;c.    A description of the site, including current zoning and nearest road intersections, reasonably sufficient to inform the reader of its location and zoning;d.    A map showing the subject property in relation to other properties or a reduced copy of the site plan;e.    The name of the applicant or applicant’s representative and the name, address and telephone number of a contact person for the applicant, if any;f.    A list of applicable code sections;g.    A statement of the public comment period, that the public has the right to comment on the application, receive notice of and participate in any hearings, request a copy of the examiner’s decision once made, and any appeal rights. A statement shall indicate that written comments received by the county within fifteen (15) calendar days from the date of the notice will be considered by staff in their recommendations;h.    The date, time, place and type of hearing;i.    A statement of the preliminary SEPA determination, if one has been made;j.    A statement that a consolidated staff report and SEPA review will be available for inspection at least fifteen (15) calendar days before the public hearing, and the deadline for submitting written comments;k.    The deadline for submitting a SEPA appeal pursuant to Section 40.570.080(D);l.    The date, place and times where information about the application may be examined and the name and telephone number of the county representative to contact about the application;m.    The designation of the hearing examiner as the review authority, and a statement that the hearing will be conducted in accordance with the rules of procedure adopted by the hearing examiner; andn.    Any additional information determined appropriate by the county;o.    Additional information as specified in Sections 40.240.050(E) and 40.240.060(D) for applications on all lands within the Columbia River Gorge National Scenic Area.2.    Where the notice of application under Section 40.510.030(E)(1) is incomplete, a separate notice of public hearing shall be provided which is consistent with Section 40.510.030(E)(3).3.     Distribution.a.    The responsible official shall mail a copy of the notice to:(1)    The applicant and the applicant’s representative;(2)    The neighborhood association in whose area the property in question is situated, based on the list of neighborhood associations kept by the responsible official;(3)    Owners of property within a radius of five hundred (500) feet of the property that is the subject of the application if the subject property is inside the urban growth boundary or to owners or property within a radius of one thousand (1,000) feet of the property if the subject property is outside the urban growth boundary; provided, however, that the notification radius shall be increased until it includes at least twenty (20) neighboring properties;(a)    The records of the County Assessor shall be used for determining the property owner of record. The failure of a property owner to receive notice shall not affect the examiner’s decision if the notice was sent. A sworn certificate of mailing executed by the person who did the mailing shall be evidence that notice was mailed to parties listed or referenced in the certificate; and(b)    If the applicant owns property adjoining the property that is the subject of the application, then notice shall be mailed to owners of property within a five hundred (500) or one thousand (1,000) foot radius, as provided in this subdivision, of the edge of the property owned by the applicant adjoining or contiguous to the property that is the subject of the application; provided, however, that the notification radius shall be increased until it includes at least twenty (20) neighboring properties;(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;(6)    Other parties as outlined in Sections 40.240.050(E) and 40.240.060(D) for applications on all lands within the Columbia River Gorge National Scenic Area.b.    The county shall publish in a newspaper of general circulation a summary of the notice, including the date, time and place of the hearing, the nature and location of the proposal and instructions for obtaining further information.c.    Except for plat alteration applications that have been elevated to Type III applications, and shorelines permits, the applicant shall post one (1) four (4) foot by eight (8) foot sign board on the property subject to the development application as follows:(1)    Location. The board shall be installed at the midpoint along the site street frontage at a location five (5) feet inside the property line, or as otherwise directed by the responsible official to maximize visibility.(2)    Required Information. The sign shall include the following information:(a)    The project name, a brief description (i.e., one hundred (100) single-family lots; fifty thousand (50,000) square feet of retail commercial space; etc.), case number, public hearing date, time and location.(b)    The telephone number and internet address through which interested parties may contact the county for additional information.(c)    The preliminary land subdivision, site plan or other plot plan view depicting the applicable development permit request.(d)    The name of the applicant’s contact and his or her telephone number, should interested parties wish to contact the applicant directly.(e)    The sign shall be made of materials that will endure inclement weather conditions typical of Clark County.(f)    The responsible county official shall provide the applicant a template for the sign.(3)    Construction Specifications. The sign board shall be constructed with four (4) foot by eight (8) foot material and secured with at least two (2) four (4) inch by four (4) inch posts. The board shall be affixed to the posts with at least two (2) five (5) inch long three-eighths (3/8) inch diameter bolts, washers and nuts per post. Bracing shall be provided in order for the sign board to withstand high wind conditions that may occur. Posts shall be dug twenty-four (24) to thirty-six (36) inches into the ground for stability. The top of the sign board shall be designed to be between seven (7) and eight (8) feet above grade.(4)    Installation and Removal Requirements. The sign board, including all required information per Section 40.510.030(E)(3)(c)(2), shall be installed on the site at least thirty (30) calendar days in advance of the public hearing. The applicant shall maintain the sign board in good condition throughout the application review period, which shall extend through the time of the county examiner’s decision on the proposal including the expiration of the applicable appeal period of the hearings examiner’s decision if submitted. If the sign board is removed, county review of the land use application may be discontinued until the board is replaced and has remained in place for the required period of time. The applicant shall remove the sign board within fourteen (14) calendar days after the examiner’s decision on the application, including expiration of applicable appeal periods.(5)    Affidavit of Installation. The applicant shall execute an affidavit certifying where and when the sign board was posted and submit to the responsible official for inclusion in the project file.(Amended: Ord. 2006-11-07; Ord. 2007-06-05; Ord. 2007-11-13; Ord. 2009-03-02; Ord. 2011-08-08; Ord. 2014-01-08; Ord. 2024-03-01; Ord. 2025-07-01)F.    Examiner’s Decision Timelines.    Not more than ninety-two (92) days after the date an application is determined fully complete, the hearing examiner shall issue a written examiner’s decision regarding the application(s); provided:1.    If a determination of significa7nce (DS) pursuant to Chapter 40.570 is issued, then the hearing examiner shall issue an examiner’s decision not sooner than seven (7) calendar days after a final environmental impact statement is issued.2.    An applicant may agree in writing to extend the time in which the hearing examiner shall issue an examiner’s decision. If the hearing examiner grants such a request, the hearing examiner may consider new evidence the applicant introduces with or subsequent to the request. New evidence may not be considered unless the time extension would allow for public review and response to the new evidence.3.    In determining the number of days that have elapsed after the county has notified the applicant that the application is fully complete, the following periods shall be excluded:a.    Any period during which the applicant has been requested by the county to correct plans, perform required studies, or provide additional required information. The responsible official shall specify a time period based on the complexity of the required information in which the required information must be submitted. The period shall be calculated from the date the county notifies the applicant of the need for additional information until the date the information has been provided to the county.b.    If the county determines that the information submitted by the applicant under Section 40.510.030(F)(3)(a) is insufficient, it shall notify the applicant of the deficiencies and the procedures under Section 40.510.030(F)(3)(a) shall apply as if a new request for studies had been made.c.    Any period of time during which an environmental impact statement (EIS) is being prepared; provided, that the maximum time allowed to prepare an EIS shall not exceed one (1) year from the issuance of the determination of significance unless the responsible official and applicant have otherwise agreed in writing to a longer period of time. If no mutual written agreement is completed, then the application shall become null and void after the one (1) year period unless the responsible official determines that delay in completion is due to factors beyond the control of the applicant.d.    Any period of time as outlined in Section 40.240.180(D) for applications on all lands within the Columbia River Gorge National Scenic Area.(Amended: Ord. 2024-03-01; Ord. 2025-07-01)G.    Vesting.1.    Type III applications (other than zone change proposals) shall be considered under the land development regulations in effect at the time a fully complete application for preliminary approval is filed.2.    Contingent Vesting. An application which 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 its written summary of pre-application review subject to the limitations of Section 40.510.030(A)(4). Requests to waive contingent vesting rights by the applicant shall be approved, subject to the request being submitted in writing and submitted as part of the full application package.3.    Special rules apply to approved planned unit developments under Section 40.520.080 and certain nonconforming uses under Section 40.530.010.4.    For concurrency approval requirements, see Section 40.350.020.(Amended: Ord. 2007-06-05; Ord. 2024-03-01; Ord. 2025-07-01)H.    Burden of Proof. Except for SEPA appeals which are governed by RCW 43.21C.075, the applicant shall have the burden of proving by substantial evidence compliance with applicable approval standards. Where evidence is conflicting, the examiner shall decide an issue based upon the preponderance of the evidence.(Amended: Ord. 2007-11-13; Ord. 2024-03-01; Ord. 2025-07-01)I.    Appeals.1.    Applicability. Except as outlined in Section 40.510.030(I)(3), an examiner’s decision may be appealed only by a party of record. 2.    Except as outlined in Section 40.510.030(I)(3), examiner’s decisions may be appealed only if, within twenty-one (21) calendar days after written notice of the examiner’s decision is sent, a written appeal is filed in the superior court of Clark County, pursuant to Chapter 36.70C RCW or applicable state law. 3.    Except as otherwise provided in Columbia River Gorge Commission Rule 350-60-240, examiner’s decisions on all lands within the Columbia River Gorge National Scenic Area may be appealed by any person or entity who is adversely affected by the examiner’s decision and who files a written appeal with the Columbia River Gorge Commission within thirty (30) calendar days after written notice of the examiner’s decision is sent. An examiner’s decision is a final decision by the county for appeals of decisions regarding proposed development of any lands within the Columbia River Gorge National Scenic Area.(Amended: Ord. 2005-04-12; Ord. 2005-10-04; Ord. 2006-09-13; Ord. 2007-11-13; Ord. 2009-10-19; Ord. 2011-08-08; Ord. 2024-03-01; Ord. 2025-07-01)J.    Special appeal procedure applicable to uses licensed or certified by the Department of Social and Health Services or the Department of Corrections.1.    In accordance with RCW 35.63.260 (Section 1, Chapter 119, Laws of 1998), prior to the filing of an appeal of an examiner’s decision involving a conditional use permit application requested by a party that is licensed or certified by the Department of Social and Health Services or the Department of Corrections, the aggrieved party must, within five (5) days after the examiner’s decision, initiate formal mediation procedures in an attempt to resolve the parties’ differences. If, after initial evaluation of the dispute, the parties agree to proceed with mediation, the mediation shall be conducted by a trained mediator selected by agreement of the parties. The agreement to mediate shall be in writing and subject to RCW 5.60.707. If the parties are unable to agree on a mediator, each party shall nominate a mediator and the mediator shall be selected by lot from among the nominees. The mediator must be selected within five (5) days after formal mediation procedures are initiated. The mediation process must be completed within fourteen (14) days from the time the mediator is selected except that the mediation process may extend beyond fourteen (14) days by agreement of the parties. The mediator shall, within the fourteen (14) day period or within the extension if an extension is agreed to, provide the parties with a written summary of the issues and any agreements reached. If the parties agree, the mediation report shall be made available to the county. The cost of the mediation shall be shared by the parties.2.    Any time limits for filing of appeals are tolled during the pendency of the mediation process.3.    As used in this section, “party” does not include county, city or town.(Amended: Ord. 2007-11-13; Ord. 2021-07-03; Ord. 2021-12-02; Ord. 2024-03-01; Ord. 2025-07-01)

A.    Decision.1.    The provisions of this section apply to all Type IV legislative decisions, which include and are limited to adoption or amendment, pursuant to the Growth Management Act (GMA), Chapter 36.70A RCW, and Chapter 40.560, of the following:a.    Comprehensive plan map and text, and zoning change consistent with the map change;b.    Development regulations;c.    Arterial atlas; andd.    Shoreline Master Program (SMP) pursuant to the Shoreline Management Act, Chapter 90.58 RCW, and Chapter 40.460.2.    This section is intended to supplement, and not to limit, county authority and procedures for adopting legislation.3.    When revisions to the comprehensive plan are made through the periodic update pursuant to RCW 36.70A.130(5), the procedures in this chapter are to be used as a guide, with the exception that public noticing per Section 40.510.040(E)(1)(b)(4) is not required.(Amended: Ord. 2020-03-01; Ord. 2024-03-01)B.    Process.1.    Adoption or amendment of the comprehensive plan and development regulations is a legislative decision, rather than a project-specific decision. The legislative process includes a public hearing before the Clark County Council and may include a public hearing before the Planning Commission. It is designed to solicit a broad range of public input at all levels pursuant to RCW 36.70A.035.2.    A Type IV decision shall be final and conclusive unless an appeal is timely filed to the Growth Management Hearings Board in accordance with RCW 36.70A.280 and 36.70A.290, except as otherwise provided by law.3.    Council legislative action on other matters is governed by the Clark County Home Rule Charter and other applicable law, and is not subject to this section.(Amended: Ord. 2020-03-01; Ord. 2024-03-01)C.    Procedure.1.    A Type IV procedure may include one (1) or more public hearings before the Planning Commission and includes one (1) or more public hearings before Council.2.    Planning Commission review is not required for interim actions, moratoria, and emergency legislation authorized by RCW 35.63.200, 36.70A.130(2)(b), or 36.70A.390 as described in Section 40.510.040(H).(Amended: Ord. 2020-03-01; Ord. 2024-03-01)D.    Staff Report to the Planning Commission.1.    At least fifteen (15) calendar days before the date of the first Planning Commission hearing, the responsible official shall:a.    Issue a written staff report and State Environmental Policy Act (SEPA) official determination regarding the application(s) pursuant to Chapter 40.570;b.    Post the staff report and SEPA official determination to the Clark County website; andc.    Provide a copy of the staff report at reasonable charge to any member of the public who requests it.(Amended: Ord. 2020-03-01; Ord. 2024-03-01)E.    Public Notice.1.    For a site-specific application or a county initiated site-specific request under Chapter 40.560, at least fifteen (15) calendar days before the date of the first Planning Commission hearing, the responsible official shall:a.    Prepare a notice of application that includes the following information:(1)    The case file number(s);(2)    A description and map(s) of the area that will be affected by the application, if approved, which is reasonably sufficient to inform the reader of its location;(3)    A summary of the proposed application(s);(4)    The date, time, and place where information about the application may be examined and the name and contact information for the county representative to contact about the application;(5)    A statement that the notice is intended to inform potentially interested parties about the hearing and to invite interested parties to appear orally or by written statement at the hearing;(6)    The date, time, and place of the Planning Commission hearing, and a statement that the hearing will be conducted in accordance with the rules of procedure adopted by the Planning Commission;(7)    A statement that a staff report and, whenever possible, a SEPA review document, will be available for inspection at no cost at least fifteen (15) calendar days before the hearing and will be provided at reasonable cost; and(8)    A general explanation of the process for submitting testimony and the conduct of the hearing.b.    Send written notice prepared under Section 40.510.040(E)(1)(a) to:(1)    The applicant and the applicant’s representative;(2)    Any person who has submitted a written request for notice of such matters;(3)    The neighborhood association in whose area the subject property is situated, based on the list of county recognized neighborhood associations kept by the responsible official; and(4)    Owners of record of property and residents within five hundred (500) feet of the subject property if the subject property is inside the urban growth boundary, or to owners of property and residents within one thousand (1,000) feet of the subject property if the subject property is outside the urban growth boundary; provided, however, that the notification radius shall be increased until it includes at least twenty (20) neighboring properties.(a)    The records of the County Assessor shall be used for determining property owners of record. The failure of a property owner to receive notice shall not affect the validity of the decision if the notice was sent. A Clark County ship request form and a copy of the mailing labels executed by the person who did the mailing shall be evidence that notice was mailed to parties listed or referenced in the certificate; and(b)    If the applicant owns property adjoining the property that is the subject of the application, then notice shall be mailed to owners of property within five hundred (500) or one thousand (1,000) feet, as provided in this subdivision, of the boundary of the property owned by the applicant adjoining or contiguous to the subject property; provided, however, that the notification radius shall be increased until it includes at least twenty (20) neighboring properties; and(5)    Agencies with jurisdiction.c.    Publish in a newspaper of general circulation the date, time, and place of the hearing, manner of making comments, staff contact information, and a summary of the subject of the Type IV process.d.    Provide other notice deemed appropriate and necessary by the responsible official based on the subject of the Type IV process.2.    For comprehensive plan amendments or development regulations implementing the comprehensive plan under Chapter 40.560, at least fifteen (15) calendar days before the date of the first Planning Commission hearing, the responsible official shall:a.    Publish in a newspaper of general circulation the date, time, and place of the hearing, manner of making comments, staff contact information, and a summary of the subject of the Type IV process pursuant to Section 40.510.040(E)(1)(a).b.    Provide other notice deemed appropriate and necessary by the responsible official based on the subject of the Type IV process pursuant to RCW 36.70A.035 and 36.70A.140.(Amended: Ord. 2020-03-01; Ord. 2024-03-01)F.    Planning Commission Hearings.1.    Planning Commission hearings shall be conducted in accordance with the rules of procedure adopted by the Planning Commission; provided, that the Planning Commission Chair shall preside over the meeting and may modify the procedural rules as necessary and reasonable. A public hearing shall be recorded electronically.2.    At the conclusion of a Planning Commission hearing, the Planning Commission shall announce one (1) of the following actions:a.    That the Planning Commission recommends against or in favor of approval of the proposal, with or without amendment, or that the Planning Commission will recommend neither against nor for approval of the application(s), together with a brief summary of the basis for the recommendation and posted to the website within three (3) business days following the hearing.b.    The Planning Commission recommendation shall be by the affirmative vote of the majority of the quorum present.c.    A hearing may be continued if it extends past 10:00 p.m. on any evening. If the hearing is continued to a place, date, and time certain, then additional notice of the continued hearing need not be mailed, published or posted. If the hearing is not continued to a place, date, and time certain, the county shall provide notice of the continued hearing as though it was the initial hearing before the Planning Commission.(Amended: Ord. 2020-03-01; Ord. 2024-03-01)G.    Council Hearings.1.    Council hearings shall be conducted in accordance with the rules of procedure adopted by the Council; provided, that the Council Chair shall preside over the meeting and may modify the procedural rules as necessary and reasonable. A public hearing shall be recorded electronically.2.    At least sixty (60) days before the council hearing, the responsible official shall issue a notification to the Department of Commerce pursuant to WAC 365-196-630 of its intent to propose adoption or amendment of a comprehensive plan or development regulation.3.    At least fifteen (15) calendar days before the date of the first Council hearing, the responsible official shall:a.    Provide a written copy of the Planning Commission’s recommendation to the Council;b.    Prepare a notice that includes the information listed in Section 40.510.040(E) of this section except the notice shall be modified as needed:(1)    To reflect any changes made in the application(s) during the Planning Commission review;(2)    To reflect that Council will conduct the hearing, and date, time, and place of the Council hearing; and(3)    To state that the Planning Commission recommendation and SEPA determination are available for inspection at no cost and copies will be provided at reasonable cost;c.    Provide a written copy of that notice to the parties identified in Section 40.510.040(E);d.    Publish in a newspaper of general circulation the date, time, and place of the hearing, manner of making comments, staff contact information, and a summary of the subject of the Type IV process pursuant to Section 40.510.040(E)(1)(a); ande.    Provide other notice deemed appropriate and necessary by the responsible official based on the subject of the Type IV process.4.    At the conclusion of its initial hearing, Council may continue the hearing or may adopt, modify or give no further consideration to the application or recommendations. If the hearing is continued to a place, date, and time certain, then additional notice of the continued hearing is not required to be provided. If the hearing is not continued to a place, date and time certain, then notice of the continued hearing shall be given as though it was the initial hearing before the Council.(Amended: Ord. 2020-03-01; Ord. 2024-03-01)H.    Interim Actions, Moratoria, and Emergencies.1.    The Council may adopt a Type IV action as an interim action, a moratorium, or an emergency under RCW 35.63.200 or 36.70A.390.2.    Except as provided in Section 40.510.040(E)(2), the Council may adopt a Type IV action by emergency action only after holding at least one (1) public hearing following public notice as described in Section 40.510.040(E)(2).3.    Pursuant to RCW 35.63.200 and 36.70A.390, the Council may adopt a Type IV action that is a moratorium, interim zoning map, interim zoning ordinance, or interim official control without holding a public hearing, if within at least sixty (60) days of its adoption the Council holds a public hearing following public notice as described in Section 40.510.040(E)(2) and adopts findings in support of the action.(Amended: Ord. 2019-05-07; Ord. 2024-03-01)

A.    Applicability.    Table 40.510.050-1 identifies information to be included with pre-applications and applications for all Type I, Type II and Type III applications, as follows:1.    Type I applications: Submittal items 1 and 2, and any additional materials required by the responsible official.2.    All Type II and Type III applications not listed in Section 40.510.050(A)(3), submittal items 1 through 6.3.    For applications for a conditional use, master plan, planned unit development (PUD), preliminary plat for a short plat, preliminary plat for a subdivision, and/or a site plan: all submittal items as applicable.(Amended: Ord. 2018-01-09; Ord. 2018-10-02)B.    Submittal Copies.1.    Pre-Applications.a.    The following shall be submitted with the pre-application:(1)    One (1) copy of the main submittal with original signatures; and(2)    One (1) copy of any special studies (e.g., wetland, floodplain, etc.).b.    Reduced copies (eleven (11) inches by seventeen (17) inches in size) shall be included for all pre-application materials larger than eleven (11) inches by seventeen (17) inches in size.c.    Failure to provide any of the required information listed in Table 40.510.050-1 precludes contingent vesting pursuant to Section 40.510.020(G) or 40.510.030(G).2.    Applications.a.    The following shall be submitted with the application:(1)    One (1) copy of the main submittal with original signatures bound by a jumbo clip or rubber band; and(2)    One (1) copy of any special studies (e.g., wetland, floodplain, etc.), and bound separately.b.    Reduced copies eleven (11) inches by seventeen (17) inches in size shall be included for any application materials larger than eleven (11) inches by seventeen (17) inches in size.c.    When all required information is submitted with the original application, the applicant will be directed to submit five (5) additional individually bound copies of the main submittal, including copies of the “Developer’s GIS Packet.”d.    The applicant will also be directed to submit additional individually bound copies of any special studies as identified below. These copies must contain any revisions or additional information required in the fully complete review:(1)    Archaeological predetermination report, one (1) original and three (3) copies;(2)    Archaeological study, one (1) original;(3)    Traffic study and road modification requests, one (1) original and three (3) copies;(4)    Critical aquifer recharge areas (CARA), floodplain, geo-hazard, habitat, shoreline, stormwater, erosion control plan, and wetland, if necessary, one (1) original and two (2) copies of all other special studies or permits;(5)    Mining permit applications: a sixth copy of the main submittal package must be submitted for distribution to the Department of Natural Resources. (Amended: Ord. 2004-12-12; Ord. 2005-04-12; Ord. 2006-05-01; Ord. 2007-06-05; Ord. 2007-11-13; Ord. 2009-01-01; Ord. 2009-03-02; Ord. 2010-07-07; Ord. 2011-03-09; Ord. 2015-11-24; Ord. 2016-09-04; Ord. 2016-12-09; Ord. 2018-01-09; Ord. 2018-10-02; Ord. 2023-11-28)

A.    Purpose and Summary.1.    The purpose of this section is to provide a process and criteria for determining whether parcels are lots of record consistent with applicable state and local law, and to include a listing of potential remedial measures available to owners of property which do not meet the criteria.2.    In summary, parcels are lots of record if they were in compliance with applicable laws regarding zoning and platting at the time of their creation. Zoning laws pertain primarily to the minimum lot size and dimensions of the property. Platting laws pertain primarily to the review process used in the creation of the lots. Specific provisions are listed herein.(Amended: Ord. 2019-11-15)B.    Applicability.    The standards of this section apply to all requests for lot determinations, or for building permit, placement permit, site plan review, short plat, subdivision, conditional use permit, rezone, or comprehensive plan change application.(Amended: Ord. 2019-11-15)C.    Determination Process.    Lot of record status may be formally determined through the following ways:1.    Lot Determinations as Part of a Building Permit or Other Development Request. Building or other development applications for new principal structures on parcels which are not part of a platted land division shall be reviewed by the county for compliance with the criteria standards of this section, according to the timelines and procedures of the building permit or other applicable review involved. Lot determination fees pursuant to Title 6 shall be assessed, unless the parcel was recognized through a previous lot determination or other review in which such recognition was made. Lot determination fees will be assessed for placement or replacement of primary structures. A separate written approval will not be issued unless requested by the applicant. Request for determinations based on the innocent purchaser or public interest exception criteria of this chapter shall require separate submittal under Section 40.520.010(C)(2).2.    Lot Determinations Requests Submitted Without Other Development Review. Requests for determinations of lot of record status not involving any other county development reviews, or any requests for innocent purchaser or mandatory public interest exceptions shall submit an application for lot determination, with fees assessed pursuant to Title 6 of this code. A Type I process per Section 40.510.010 shall be used, unless the request is based on the public interest exception discretionary criteria of Section 40.520.010(F)(3), in which case Type II reviews as per Section 40.510.020 will be used. The county will issue a letter of determination in response to all such requests.(Amended: Ord. 2008-06-02; Ord. 2019-11-15)D.    Application and Submittal Requirements.1.    The following shall be submitted with all applications for lot determination, or applications for other development review in which a lot determination is involved. Applicants are encouraged to submit material as necessary to demonstrate compliance with this section.a.    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 lot of record;b.    Sales or transfer deed history dating back to 1969;c.    Prior segregation request, if any;d.    Prior recorded survey, if any;e.    At the discretion of the applicant, any other information demonstrating compliance with criteria of this section.2.    Requests for the innocent purchaser exception shall also include a written explanation of the circumstances surrounding the purchase of the property which demonstrates compliance with innocent purchaser criteria of Section 40.520.010(F)(1). Additional documentation such as earnest money agreements, written affidavits, previous tax statements or property advertisements may be included at the discretion of the applicant.3.    Requests for the public interest exception shall also include a written explanation which demonstrates compliance with applicable public interest exception criteria of this chapter.(Amended: Ord. 2019-11-15)E.    Approval Criteria.1.    Basic Criteria. Parcels which meet both of the following basic criteria are lots of record:a.    Zoning. The parcel meets minimum zoning requirements, including lot size, dimensions and frontage width, in effect currently or at the time the parcel was created; andb.    Platting.(1)    The parcel was created through a subdivision or short plat recorded with Clark County; or(2)    The parcel is five (5) acres or more in size and was created through any of the following:(a)    An exempt division which occurred prior to April 19, 1993,(b)    A tax segregation requested prior to April 19, 1993,(c)    A survey completed as to boundaries prior to April 19, 1993, and recorded prior to July 19, 1993; or(3)    The parcel was created through a division or segregation of four (4) or fewer lots requested prior to July 1, 1976; or(4)    The parcel was created through division or segregation and was in existence prior to August 21, 1969; or(5)    The parcel was created by a process listed as exempt from platting requirements by RCW 58.17.035, 58.17.040, or Section 40.540.010(A), or through an exemption from platting regulations provided by law at the time of creation of the parcel; or(6)    The parcel was segregated at any time and is twenty (20) acres or more in size.2.    Prior Determination. Parcels which have been recognized through a previous lot determination review, or other county planning approval in which lot recognition is made, are lots of record. Such parcels shall remain lots of record until changed by action of the owner.3.    Dormant territorial plats lots created through land divisions which were recorded prior to 1937, and not subsequently developed or improved shall not be considered legal lots of record under the basic criteria of Section 40.520.010(E)(1)(b), although they may be recognized if they meet other approval criteria of this chapter.4.    Parcels created as a result of government condemnation for road construction under Section 40.540.020(B)(4)(c) do not qualify as legal lots in the Columbia River Gorge National Scenic Area District, as specified under the definition of “parcel” in Section 40.240.040.(Amended: Ord. 2004-06-11; Ord. 2005-04-12; Ord. 2007-06-05; Ord. 2019-11-15)F.    Exceptions.1.    Innocent Purchaser Exception. The responsible official shall determine that parcels which meet both of the following exception criteria are lots of record:a.    Zoning. The parcel meets minimum zoning dimensional requirements, including lot size, dimensions and frontage width, which are currently in effect or in effect at the time the parcel was created; andb.    Platting. The current property owner purchased the property for value and in good faith, and did not have knowledge of the fact that the property acquired was divided from a larger parcel after August 21, 1969, in the case of subdivisions, or after July 1, 1976, in the case of short plats, or after April 19, 1993, in the case of any segregation resulting in parcels of five (5) acres or larger.2.    Public Interest Exception, Mandatory. The responsible official shall determine that parcels which meet the following criteria are lots of record:a.    Date of Creation. The lot was created before January 1, 1995;b.    Zoning. The parcel meets minimum zoning dimensional requirements currently in effect, including lot size, dimensions and frontage width; andc.    Platting.(1)    The responsible official determines that improvements or conditions of approval which would have been imposed if the parcel had been established through platting are already present and completed; or(2)    The property owner completes conditions of approval such as, but not limited to, road, sidewalk, and stormwater improvements which the responsible official determines would otherwise be imposed if the parcel had been established through platting under current standards. Preliminary and final submittal plans and fees shall be required where applicable. Such plans may include final engineering plans and a final land division plan in lieu of a final plat.3.    Public Interest Exception, Discretionary. The responsible official may, but is not obligated to, determine that parcels meeting the following criteria are lots of record:a.    Zoning. The parcel lacks sufficient area or dimension to meet current zoning requirements but meets minimum zoning dimensional requirements, including lot size, dimensions and frontage width, in effect at the time the parcel was created; andb.    Platting.(1)    The responsible official determines that conditions of approval which would have been imposed if the parcel been established through platting under current standards are already present on the land; or(2)    The property owner completes conditions of approval such as, but not limited to, road, sidewalk, and stormwater improvements which the responsible official determines would otherwise be imposed if the parcel had been established through platting under current standards. Preliminary and final submittal plans and fees shall be required where applicable. Such plans may include final engineering plans and a final land division plan in lieu of a final plat.c.    The responsible official shall apply the following factors in making a lot of record determination under the discretionary public interest exception:(1)    The parcel size is generally consistent with surrounding lots of record within one thousand (1,000) feet;(2)    Recognition of the parcel does not adversely impact public health or safety;(3)    Recognition of the parcel does not adversely affect or interfere with the implementation of the comprehensive plan; and(4)    The parcel purchase value and subsequent tax assessments are consistent with a buildable lot of record.4.    Recognition of lot of record status based on the public interest exception shall be valid for five (5) years from the date of lot determination or review in which the determination was made. If a building or other development permit is not sought within that time, the determination will expire. Applications for development or lot recognition submitted after five (5) years shall require compliance with applicable standards at that time.(Amended: Ord. 2009-03-02)G.    De Minimis Lot Size Standard.    For the purposes of reviewing the status of pre-existing lots for compliance with platting and zoning standards, parcels within one percent (1%) of minimum lot size requirements shall be considered in compliance with those standards. Parcels within ten percent (10%) of lot size standards shall be similarly considered in compliance unless the responsible official determines that public health or safety impacts are present.H.    Potential Remedial Measures.    Transfer or sale of properties created in violation of land division regulations is a gross misdemeanor pursuant to RCW 58.17.300. Buyers of property not in compliance with lot of record criteria, including exceptions, listed in this section may consider pursuing one (1) or more of the following, listed in no particular order:1.    Purchase of additional land from surrounding properties if necessary to reach compliance with zoning standards, and subsequent boundary line adjustment which does not result in any other parcels becoming inconsistent with minimum zoning standards.2.    Private action to seek damages, including the cost of investigation and suit from the selling party if the property was transferred in violation of applicable zoning and platting regulations, as authorized by RCW 58.17.210.3.    Private action to rescind the sale or transfer, and recover cost of investigation and suit from the selling party if the property was transferred in violation of applicable zoning and platting regulations, as authorized by RCW 58.17.210.4.    Application for a variance if necessary to reach compliance with zoning standards. Such applications will be reviewed solely under variance criteria of Section 40.550.020, and shall not be granted on the basis of illegal lot status.5.    Application for zoning changes under Section 40.560.020 and/or comprehensive plan changes under Section 40.560.010 if an alternative designation can bring the parcel into lot of record status. Such plan and zone change requests shall be reviewed solely according to their compliance with respective criteria of Section 40.560.020 and/or Section 40.560.010, and shall not be granted on the basis of illegal lot status.

A.    Purpose.    Upon review of the responsible official, uses designated as permitted subject to review and approval (R/A) may be allowed in the various districts; provided, that the responsible official is of the opinion that such uses would be compatible with neighboring land uses.(Amended: Ord. 2018-10-02; Ord. 2024-03-02)B.    Review Procedures.    Uses subject to review and approval (R/A) shall be reviewed through a Type II process; provided, that the responsible official, at his or her discretion, may refer any proposal to the hearing examiner for review and approval, or denial. Any uses approved under the provisions of this chapter, by either the responsible official or the hearing examiner in public hearing, shall be compatible with adopted county land use policies and goals.(Amended: Ord. 2018-10-02; Ord. 2024-03-02)C.    Approval Criteria – General.    Except for the uses listed in Section 40.520.020(D), in approving a use, the responsible official shall first make a finding that all of the following conditions exist:1.    The site of the proposed use is adequate in size and shape to accommodate the proposed use;2.    All setbacks, spaces, walls and fences, parking, loading, landscaping, and other features required by this title are provided;3.    The proposed use is compatible with neighborhood land use;4.    The site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;5.    The proposed use will have no substantial adverse effect on abutting property or the permitted use thereof; and6.    In the case of residential uses, the housing density of the development is consistent with the existing zoning densities, or the general plan, and that all other aspects of the development are consistent with the public health, safety, and general welfare for the development and for adjacent properties.(Amended: Ord. 2018-10-02; Ord. 2024-03-02)D.    Approval Criteria – Special Uses.    When the following uses are allowed subject to review and approval (R/A) the responsible official shall review them subject to the applicable standards and criteria in Chapter 40.260:1.    Bed and breakfast establishments (Section 40.260.050);2.    Home businesses – Type II (Section 40.260.100);3.    Kennels (Section 40.260.110);4.    Manufactured home parks (Section 40.260.140);5.    Opiate substitution treatment facilities (Section 40.260.165);6.    Wireless communications facilities (Section 40.260.250).(Amended: Ord. 2005-04-12; Ord. 2009-01-05; Ord. 2009-03-02; Ord. 2009-06-01; Ord. 2012-02-03; Ord. 2016-09-04; Ord. 2018-10-02; Ord. 2024-03-02)

A.    Purpose.    The purpose of this chapter is to provide a review process for uses with unusual characteristics, or uses that are located in areas with special characteristics. Such uses can be approved with appropriate conditions of approval to ensure that the uses are properly located and restricted in size and/or intensity to comply with the objectives of Section 40.520.030.B.    Responsible Official Authority.    The responsible official shall have the authority to approve, approve with conditions, deny, or revoke conditional use permits subject to the Type II-A process in Section 40.510.025.C.    Pre-Application Submittal Requirements for a Conditional Use Permit.1.    A pre-application conference is required for all conditional use permit applications subject to the requirements in Section 40.510.030(A).2.    An applicant for a pre-application review of a conditional use permit shall comply with the submittal requirements in Section 40.510.050.D.    Neighborhood Meeting.    The applicant shall hold a neighborhood meeting no more than ninety (90) days prior to the submission of a Type II-A application as required in Section 40.510.025(C)(2).E.    Concurrent Application.    Conditional use applications may be submitted concurrently with the associated site plan review application, where applicable.F.    Application Submittal Requirements for a Conditional Use Permit.    An application for a review of a Type II-A conditional use permit shall comply with the submittal requirements in Section 40.510.050.G.    The Action by the Responsible Official.1.    The responsible official may impose, in addition to regulations and standards expressly specified in this title, other conditions found necessary to protect the interests of the surrounding properties or neighborhood, or the county as a whole. These conditions may include but are not limited to requirements:a.    Increasing the required lot size or setback dimensions;b.    Increasing street widths;c.    Controlling the location and number of vehicular access points to the property;d.    Increasing the number of off-street parking or loading spaces required;e.    Limiting the number of signs;f.    Limiting the lot coverage or height of buildings because of obstructions to view and reduction of light and air to adjacent property;g.    Limiting building area and intensity of the use;h.    Limiting or prohibiting openings in sides of buildings or structures or requiring screening and landscaping where necessary to reduce noise and glare and maintain the property in a character in keeping with the surrounding area;i.    Establishing hours of operation;j.    Establishing maintenance standards; andk.    Establishing standards under which any future enlargement or alteration of the use shall be reviewed by the county and new conditions imposed.2.    The responsible official must find that the establishment, maintenance or operation of the use applied for will not be significantly detrimental to the health, safety or general welfare of persons residing or working in the neighborhood of the proposed use or be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the county.H.    Revocation.    The responsible official may revoke any conditional use permit for noncompliance with conditions set forth in the granting of said permit through a Type II-A process in Section 40.510.030. The revocation shall not be the exclusive remedy, and it shall be unlawful and punishable under Title 32 for any person to violate any condition imposed by a conditional use permit.I.    Expansions.1.    Subject to Section 40.520.030(G)(2), a conditional use may be expanded or modified as follows:a.    An existing permitted conditional use may be expanded or modified by site plan approval pursuant to Section 40.520.040 if the expansion or modification complies with other applicable regulations and is not expressly prohibited by the approved conditional use permit for the site.b.    A lawful, but nonconforming conditional use that was commenced prior to a conditional use permit being required may be expanded or modified by site plan approval if the expansion or modification:(1)    Complies with other applicable regulations;(2)    Does not add a new conditional use other than that already existing on the site; and(3)    Qualifies as a Type I site plan review pursuant to Section 40.520.040.c.    A lawful but nonconforming conditional use that was commenced prior to a conditional use permit being required must first obtain a conditional use permit and the necessary site plan review approval subject to the standards in Sections 40.520.030(G)(2) and 40.520.040 if the expansion or modification qualifies as a Type II site plan review pursuant to Section 40.520.040, or includes a new conditional use not already existing on the site.2.    School Modulars or Portables.    Installation of modular or portable buildings on school sites is exempt from additional conditional use review, provided the project meets other provisions of this section. Site plan review may be required under Section 40.520.040(B)(4)(g). Whether or not site plan review is required under Section 40.520.040(B)(4)(g), building permits may be subject to conditions required under the existing conditional use permit.3.    A conditional use permit in the urban low density residential districts and office residential districts shall not require a new conditional use permit application to expand the same use on the same property; provided, that potential adverse impacts resulting from the proposed expansion can be mitigated with the existing county ordinances.4.    An expansion involving the absorption of an abutting parcel(s) of land not considered in the original conditional use permit review shall be subject to a Type II-A application if the proposed use was never proposed or discussed in the original application.5.    An expansion involving the absorption of an abutting parcel(s) of land that was considered in the original conditional use permit review shall be a Type II application, if the proposed use was approved or if the expansion involves an existing approved use in a prior conditional use permit review.(Amended: Ord. 2010-08-06; Ord. 2012-07-03; Ord. 2012-12-23; Ord. 2014-01-08; Ord. 2016-09-04)

A.    Purpose.    The purpose of this section is to provide a plan review process that is proportional to the potential impacts of a proposed development. With the exception of minor development proposals, site plan review is intended to provide public notice to encourage public participation, and help ensure a transparent review and approval process.(Added: Ord. 2010-08-06; Amended: Ord. 2024-03-01; Ord. 2024-06-04)B.    Applicability.1.    Site plan review is required for new development and modifications to existing development, unless expressly exempted by this chapter.2.    A site plan is subject to a Type II review process as provided in Section 40.510.020 if the proposal meets one (1) or more of the following:a.    Conditional use;b.    Planned unit development or cottage housing development;c.    New development in all urban holding, urban residential, office residential, business park, mixed use, university, commercial, industrial, surface mining and airport zones;d.    Change of use from residential to commercial or industrial use;e.    A modification to existing permitted development or a permitted modification to an existing nonconforming use, as allowed under Section 40.530.010, if it will cause any of the following:(1)    An increase in density or lot coverage by more than ten percent (10%) for residential development if the change is made along the development site perimeter; or twenty percent (20%) or more for the development;(2)    A change in the type of dwelling units proposed in a residential development (e.g., a change from detached to attached structures or a change from single-family to multifamily) if the change is made along the development site perimeter;(3)    An increase of more than ten percent (10%) in required on-site parking or an increase of more than forty (40) on-site parking spaces, unless the required parking spaces exist on site and meet the design standards for parking and landscaping;(4)    An increase in the height of an existing structure(s) by more than fifty percent (50%) if the structure is located within twenty (20) feet of the property lines;(5)    A change in the location of accessways to frontage roads where off-site traffic would be affected;(6)    A change in the location of parking where the parking is closer to land zoned or used for residential or mixed residential/other purposes;(7)    A change in location or increase in size of a stormwater facility if the change is made along the development site perimeter;(8)    An increase in vehicular traffic generated to and from the site of more than twenty (20) average daily trips, based on the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual or substantial evidence by a professional engineer licensed in the state of Washington with expertise in traffic engineering;(9)    An increase in floor area of a structure used for nonresidential purposes by more than ten percent (10%) and at least five thousand (5,000) square feet;(10)    A SEPA determination is required by Chapter 40.570;(11)    A reduction in the area used for recreational facilities, screening, buffering, landscaping and/or open space by more than ten percent (10%), provided the minimum standards and conditions of approval under the original decision are met; or(12)    A modification, other than one listed in this section, if subject to Type II review based on the post-decision procedures in Section 40.520.060 or based on other sections of this title;f.    Aboveground storage tanks over two thousand (2,000) gallons and underground tanks larger than ten thousand (10,000) gallons in size. SEPA review is required for tanks that exceed the thresholds in WAC 197-11-800(2)(h). CARA provisions in Sections 40.410.010(B) and 40.410.020(A) may also apply.3.    A site plan is subject to a Type I review process as provided in Section 40.510.010 if:a.    It is not subject to Type II review under Section 40.520.040(B)(2);b.    It is a vacant commercial pad located within a larger development which has received previous site plan approval, if:(1)    The commercial pad is served by stormwater facilities already approved within the overall development site; and(2)    Changes to the approved overall development site plan are not proposed (e.g., changes to site access, parking, required landscaping, etc.);c.    It is not exempt under Section 40.520.040(B)(4); ord.    It is listed below:(1)    Walk-up or drive-through vendors such as espresso and coffee carts, flower stands and food carts that do not exceed three hundred (300) square feet; provided, that such uses are accessory to existing legally permitted nonresidential development on the same site;(2)    A triplex or quadplex;(3)    Neighborhood parks; or(4)    Aboveground tanks over one hundred twenty-five (125) gallons up to and including two thousand (2,000) gallons. CARA provisions in Sections 40.410.010(B) and 40.410.020(A) may also apply.4.    The following land uses and development are exempt from site plan review, provided applicable standards of this title are met:a.    A single-family detached dwelling or duplex and modifications to it;b.    Accessory dwelling units;c.    Development exempt from review under Chapter 14.05;d.    Modifications to the interior of existing structures that do not change the use or the amount of a use;e.    Changes in use that do not require a need for an increased number of parking spaces over those required for the existing use, based on Table 40.340.010-4. The proposed change in use must be a permitted use in the zoning district and may not violate the existing site plan approval. The existence of on-site parking greater than the minimum number of spaces required for a new use exempts a development from site plan review; provided, all parking spaces meet the design standards for parking and landscaping. Additional transportation impact fees (TIC fees) may apply;f.    Land divisions;g.    School modulars or portables, provided:(1)    The total gross floor area of the modulars does not exceed thirty percent (30%) of the gross floor area of the existing school building, not including existing modulars; and (2)    The project is either exempt from SEPA, or the applicant takes on lead agency status for SEPA; andh.    Other development the responsible official finds should be exempt, because it does not result in an increase in land use activity or intensity or in an adverse impact perceptible to a person of average sensibilities from off-site, and because the county can assure the development complies with applicable standards without site plan review.(Amended: Ord. 2006-09-13; Ord. 2006-11-07; Ord. 2007-06-05; Ord. 2009-12-01; Ord. 2010-08-06; Ord. 2012-07-03; Ord. 2012-12-14; Ord. 2012-12-23; Ord. 2024-03-01; Ord. 2024-06-04)C.    Binding Site Plans.1.    The purpose of binding site plan approval is to provide an alternative to the standard subdivision process for specific types of development. The binding site plan shall only be applied for the purpose of dividing land for:a.    Sale or for lease of commercially or industrially zoned property as provided in RCW 58.17.040(4);b.    Lease as provided in RCW 58.17.040(5) when no residential structure other than manufactured homes or travel trailers are permitted to be placed upon the land; provided, that the land use is in accordance with the requirements of this title; and2.    In addition to the requirements of a standard site plan, a binding site plan shall contain:a.    Inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land; andb.    Provisions making any development conform to the site plan.3.    In addition to the requirements of a standard final site plan, a final binding site plan application shall contain:a.    Survey prepared by a licensed land surveyor in the state of Washington showing the project boundary with mathematical closures and any land division lines created through the binding site plan process; andb.    Parcel area of lots expressed in square footage for developments in the urban area and acreage for developments in the rural area. (Amended: Ord. 2004-11-04; Ord. 2010-08-06; Ord. 2011-08-08; Ord. 2024-03-01; Ord. 2024-06-04)D.    Approval Process.1.    A site plan subject to a Type I review is not subject to pre-application review unless requested by the applicant.2.    A site plan subject to a Type II review is subject to pre-application review pursuant to Section 40.510.020, unless waived.3.    An application for a pre-application review of a site plan shall comply with the submittal requirements in Section 40.510.050 regarding pre-application review.4.    An application for a review of a site plan shall comply with the submittal requirements in Section 40.510.050.5.    Developments that are subject to site plan review and require grading an area of more than fifteen thousand (15,000) square feet are subject to the requirements in Section 40.570.080(C)(3)(k) even if the development is exempt from SEPA.(Amended: Ord. 2010-08-06; Ord. 2013-06-15; Ord. 2024-03-01; Ord. 2024-06-04)E.    Approval Criteria.1.    If the responsible official finds that a site plan application does or can comply with the applicable approval and development standards, the responsible official shall approve the site plan, or approve the site plan subject to conditions of approval that ensure the proposed development will comply with the applicable standards.2.    If the responsible official finds that a site plan application does not comply with one (1) or more of the applicable approval or development standards, and that such compliance cannot be achieved by imposing a condition or conditions of approval, the responsible official shall deny the site plan application.3.    If a site plan is subject to a standard(s) over which the responsible official does not have sole jurisdiction, then the responsible official shall not make a final decision regarding the site plan until the related decision(s) regarding the applicable standard(s) has been received.4.    A change of use on a lawfully developed site with nonconforming landscaping and screening shall be brought into compliance with standards in Section 40.320.010, subject to the following:a.    An alternate landscaping or screening plan may be approved if:(1)    Compliance with requirements in Section 40.320.010 is not reasonably possible due to location of existing structures, topography, life safety concerns, etc.; or(2)    Requirements for on-site parking, including access drive aisles, will not meet standards in Section 40.340.010; or(3)    The required landscaping improvements exceed ten percent (10%) of the value of construction costs of all building and site improvements, except landscaping, for the change in use; however, the minimum requirements under Section 40.520.040(E)(4)(b) shall be met.b.    At a minimum, outdoor storage areas shall be screened from adjoining properties or public rights-of-way by a six (6) foot fence or wall meeting the F2 standard.5.    Site Plan Approval Criteria. In addition to other applicable provisions of this code, a site plan application shall comply with the following standards or modifications or variations to those standards permitted by law:a.    Use and development standards of the applicable base zones and overlay zones in this title;b.    Sign standards in Chapter 40.310;c.    Landscaping and screening design standards in Chapter 40.320;d.    Crime prevention guidelines in Chapter 40.330;e.    Parking and loading standards in Chapter 40.340;f.    Transportation and circulation standards in Chapter 40.350;g.    Solid waste and recycling standards in Chapter 40.360;h.    Sewer and water standards in Chapter 40.370;i.    Stormwater and erosion control standards in Chapter 40.386;j.    Critical areas standards in Subtitle 40.4;k.    Fire safety standards in Chapter 15.12; andl.    Applicable ADA standards.(Amended: Ord. 2007-06-05; Ord. 2009-01-01; Ord. 2010-08-06; Ord. 2012-07-03; Ord. 2015-11-24; Ord. 2024-03-01; Ord. 2024-06-04)F.    Final Site Plan/Final Construction Plan Review.1.    Submittal Requirements. All of the materials listed below must be submitted for a complete application, unless otherwise authorized by the responsible official:a.    Completed application form;b.    Application fee pursuant to Title 6;c.    Construction Plans. Where improvements are required, plans for such improvements shall be submitted to the County Engineer who shall review them for conformance with conditions of preliminary site plan approval and other adopted county standards as of the date of preliminary site plan approval. Approval shall be given by the County Engineer on the construction plans. Improvements shall be designed by or under the direct supervision of a licensed engineer where required by statute (Chapters 18.08, 18.43, and 18.96 RCW). The licensed engineer shall certify same by seal and signature. All construction plans shall comply with the provisions of the Clark County Code.Unless waived by the County Engineer, the construction plan set shall include the following elements:(1)    Final grading plan pursuant to Chapter 40.386;(2)    Final transportation plan pursuant to Chapter 40.350;(3)    Final signing and striping plan;(4)    Final stormwater plan and Technical Information Report (TIR) pursuant to Chapter 40.386;(5)    Proposed erosion control plan pursuant to Chapter 40.386;(6)    Final landscaping plan;(7)    Final wetland and/or habitat mitigation plan;(8)    Final water and wastewater disposal plan; and(9)    Additional information as required by the responsible official consistent with the conditions of the preliminary approval or as otherwise required by the code;d.    Proposed Final Site Plan. Unless waived by the responsible official, a proposed final site plan shall be approved prior to the issuance of a building permit for all development subject to site plan review. Where construction plans are required, the proposed final site plan shall be included as a sheet in the construction plan set. The proposed final site plan shall include the following:(1)    Project name;(2)    Legend;(3)    Location, including one-quarter (1/4) section, section, township, range, and, as applicable, donation land claim and/or subdivision;(4)    Boundary survey;(5)    Lot, block and street right-of-way and centerline dimensions;(6)    Street names;(7)    Scale, including graphic scale, north arrow and basis of bearings;(8)    Identification of areas to be dedicated;(9)    Special setbacks (if any);(10)    Private easements (if any);(11)    Utility easements;(12)    Walkways (if any);(13)    Building square footage; and(14)    Parking layout and number of spaces;e.    Conditions, covenants and restrictions, notes, and/or binding agreements as required by this code, SEPA, conditions of preliminary plat approval or other law, including but not limited to the following:(1)    Private road maintenance agreement, if applicable,(2)    Stormwater covenant, if applicable,(3)    Wetland and/or habitat covenant(s), if applicable,(4)    Recorded conservation covenant, if applicable, and(5)    Latecomer’s agreement, if applicable;f.    Verification of installation of required landscape;g.    Copy of recorded public and private off-site easements and right-of-way dedications for required improvements;h.    Final archaeology comments, if applicable;i.    Receipt showing payment of concurrency modeling fees;j.    Other supporting documents required pursuant to the preliminary site plan decision.2.    Copies. All plans and materials shall be submitted in the format and number established by the responsible official.3.    Construction Plan and Final Site Plan Review Procedure.a.    Final site plan/final construction plan applications are subject to a Type I review pursuant to Section 40.510.010.b.    The responsible official shall approve final site plan/final construction plans and forward the final site plans to the appropriate department for issuance of a building permit if the approval criteria below are met:(1)    The construction plans, if required, and final site plan are in proper form as established by the submittal requirements;(2)    The construction plans, if required, meet the technical performance requirements of the county. Improvements were designed by or under the direct supervision of a licensed engineer where required by statute (Chapters 18.08, 18.43, and 18.96 RCW) and the licensed engineer has certified same by seal and signature;(3)    The construction plans, if required, and final site plan are in conformance with the conditions of the preliminary site plan approval; and(4)    The construction plans, if required, and final site plan are in compliance with the requirements of this chapter and all applicable, adopted statutes and local ordinances.c.    The construction plan approval shall be given by the County Engineer on the improvement plans. (Amended: Ord. 2004-11-04; Ord. 2006-05-01; Ord. 2009-01-01; Ord. 2015-11-24; Ord. 2024-03-01; Ord. 2024-06-04)

A.    A sign permit shall only be issued if it complies with all of the applicable provisions of Chapter 40.310 and the county code. One (1) sign permit application may include all signs proposed for the premises. In addition, a temporary sign permit may include all temporary signs proposed within one (1) year. Although permits are not required for other types of signs such as those indicated in Section 40.310.010(F), all signs are required to conform to the provisions of this chapter. Additionally, a building permit may be required for the installation of a sign pursuant to Title 14.B.    Application Requirements.    Applications for sign permits must be submitted with the following information:1.    Completed application form containing:a.    Applicant’s name, address and phone number;b.    Contractor’s license number, if the sign is not being installed by the owner;c.    Owner name;d.    Section, township, range and tax lot(s) and serial number(s) of the lot(s) on which the sign(s) are to be located; ande.    Description of all signs proposed in the application, including number of signs, area and height.2.    Site plan to scale which identifies:a.    All the boundaries of the property;b.    General location of all buildings, driveways, parking areas;c.    The name and location of all streets;d.    The location of all existing freestanding signs; ande.    The location of all proposed signs including the minimum distance to the property line and center of abutting streets and driveways, as applicable.3.    Front elevation view of sign which identifies:a.    Size and shape of sign;b.    Height of sign;c.    Types of support(s);d.    All permanent graphics; ande.    Type of lighting, if any, such as direct, indirect, internal or ground-mounted.4.    Side elevation required for building signs which project more than one (1) foot beyond the building line or one (1) foot above the eave of the building.5.    Any other information requested by the responsible official which is necessary to determine compliance with the provisions of this section, or the vision clearance requirements of Section 40.350.030(B)(8).(Amended: Ord. 2006-09-13)C.    Sign Permit Review.    The responsible official shall approve, approve with conditions, deny or return plans to the applicant for revisions within five (5) working days from the receipt of a fully complete application. If the decision is not rendered within five (5) working days, the applicant may meet with the responsible official to discuss the application and may appeal the decision or lack of decision to the hearing examiner.D.    Appeals.    Appeals shall follow the process described under Chapter 40.510.

A.    Purpose.    The purpose of this section is to allow minor changes to preliminarily approved development applications in a timely and cost effective manner. Such changes may be warranted by ambiguities or conflicts in a decision and by new or more detailed information, permits, or laws. It allows for public notice and input relative to the degree and scope of the proposed changes. The responsible official may approve some de minimis changes without a post-decision review using the final plat/final site plan review process.B.    Applicability.    An applicant who has obtained preliminary approval of a development application, including land division, site plan review, conditional use permit, or planned unit development, may file a post-decision review application requesting a minor change to aspects of the development proposal or conditions of approval. The post-decision review application may be filed at any time during the period of validity of the preliminary decision; provided:1.    A post-decision review application shall not be accepted for a land division after a final plat has been recorded.2.    A post-decision review application for a site plan review shall not be accepted for a development after issuance of a certificate of occupancy.a.    For phased site plan review projects, no application for post-decision review shall be accepted for a phase after issuance of an occupancy permit for that phase.3.    Post-decision review shall not substantially change the nature of development approved under a given decision.4.    An application that is denied is not eligible for post-decision review.C.    Modification of a development other than by a timely appeal or post-decision review shall be through review of a new application; provided, a new application cannot be filed within one (1) calendar year after the date of a decision denying a substantially similar application, unless such earlier decision provides otherwise.    The responsible official may determine that proposed changes exceed the scope of the post-decision review process and that a new development application is warranted. Such determination may be appealed to a Hearings Examiner in accordance with Section 40.510.010(E).D.    Vesting.    Vesting for a proposed development is based on the original development application, in accordance with Section 40.510.010(D), 40.510.020(G), or 40.510.030(G); provided, that any changes that increase impacts beyond the original development application will be subject to the applicable ordinances in effect on the day that a fully complete post-decision review application is filed.E.    Classification.    The responsible official shall classify the application as subject to a Type I, Type II, or Type III process. This classification decision may be appealed to the Hearings Examiner in accordance with Section 40.510.010(E).1.    An application for post-decision review of a Type I decision shall be subject to a Type I review process.2.    An application for post-decision review of a Type II, Type II-A or a Type III decision shall be subject to a Type I review process, if the responsible official finds that the requested change in the decision:a.    Will not result in an increase in land use activity or intensity; andb.    Will not result in an adverse impact; andc.    Does not involve an issue of broad public interest.3.    An application for post-decision review of a Type II decision or a Type II-A decision not subjected to public hearing shall be subject to a Type II review process if it does not qualify for Type I review under subsection (E)(2) of this section.4.    An application for post-decision review of a Type II-A decision that was subjected to public hearing or a Type III decision shall be subject to a Type II review process if the responsible official finds that the requested change in the decision:a.    Does not increase the potential adverse impact of the development authorized by the decision or SEPA determination;b.    Adds up to two (2) lots for a subdivision that proposed up to twenty (20) lots; three (3) lots for a subdivision that proposed up to forty (40) lots; or five (5) lots for a subdivision that proposed more than forty (40) lots;c.    Requires a Type I or Type II variance;d.    Is consistent with county, state and federal laws and regulations, but may involve changes that neighboring property owners should be aware of;e.    Does not involve an issue of broad public interest, based on the record of the decision. An issue of public interest is one about which testimony was submitted to the record either at the public hearing or in writing.5.    An application for post-decision review of a Type II-A decision that was subjected to public hearing or a Type III decision shall be subject to a Type III review process if it:a.    Proposes reductions in effectiveness of exterior landscaping;b.    Proposes to reduce dedications for public facilities;c.    Results in a change of routing traffic or requires a road modification that has off-site impacts;d    Reduces transportation safety or concurrency obligations;e.    Exceeds the limits of subsection (E)(4)(b) of this section;f.    Involves an issue of broad public interest based on the record of the decision. An issue of public interest is one about which testimony was submitted to the record either at the public hearing or in writing;g.    Increases the potential adverse impact of the development authorized by the decision or SEPA determination.6.    When a post-decision review application requests a change involving a condition of approval that was imposed in the original decision to address a specific potential impact of the proposed development, that condition of approval can be changed only using the same type process as the original decision.(Amended: Ord. 2012-12-23)F.    Submittal Requirements.    Application for post-decision review shall include the following:1.    A narrative describing the nature of the proposed change to the development and the basis for that change, including the applicable facts and law;2.    A copy of the approved development plan;3.    A copy of the original development review decision and any approved modifications;4.    A copy of the proposed development plan;5.    Application fee;6.    Reduced copies eleven (11) inches by seventeen (17) inches in size shall be included for any application materials larger than eleven (11) inches by seventeen (17) inches in size; and7.    Any other relevant information the applicant thinks may be helpful.(Amended: Ord. 2010-08-06)

A.    Purpose.    The master planning standards in this section are intended to:1.    Promote coordinated and cohesive site planning and design of large, primarily light industrial and mixed use sites that will occur over an extended period of time;2.    Promote coordinated and cohesive site planning and design of large, heavy industrial sites that will occur over an extended period of time;3.    Provide a means of streamlining and consolidating development review processes. For large sites, intensive and integrated master planning review may occur earlier within the development process, lessening the scope of piecemeal review later as individual developments occur;4.    Through consolidation of review processes, provide a level of predictability to project applicants, the county and the community at large regarding the nature and type of development which will occur in the future; and5.    Through flexibility of standards and consolidation of reviews, promote and facilitate quality development of larger sites in an integrated, cohesive manner providing for functional, design and other linkages between, and consistency among, a mix of individual uses and structures.(Amended: Ord. 2012-12-14; Ord. 2019-11-16)B.    Applicability.1.    Light Industrial (IL) Zones.     Any development equal to or greater than fifty (50) contiguous acres in size shall be eligible to apply for approval of a master plan by the reviewing authority. A minimum of seventy-five percent     (75%) of the area proposed for master planning shall be held under common ownership at the time of application. A minimum of eighty-five percent (85%) of the area proposed for master planning shall be zoned light industrial (IL), or a change in zoning requested to this effect, at the time of application. The master plan shall consist of both a concept plan which shows the location, distribution and phasing of land uses and related facilities and a development plan as each phase of the plan is developed.2.    Mixed Use (MX) Zone.    Any development with proposed phasing of uses shall submit a master plan. A minimum of seventy-five percent (75%) of the area proposed for master planning shall be held under common ownership at the time of application. The master plan shall consist of both a concept plan which shows the location, distribution and phasing of land uses and related facilities and a development plan as each phase of the plan is developed.3.    Heavy Industrial (IH) Zone.    Any development equal to or greater than fifty (50) contiguous acres in size shall be eligible to apply for approval of a master plan by the reviewing authority. A minimum of seventy-five percent (75%) of the area proposed for master planning shall be held under common ownership at the time of application.(Amended: Ord. 2012-12-14; Ord. 2014-12-16; Ord. 2019-11-16)C.    Approval Process.1.    Applications for a master plan shall be reviewed using a Type II-A process as described in Section 40.510.025, unless submitted with a subdivision, when it shall be reviewed using a Type III process.2.    The master planning review is intended to provide a means of consolidating various reviews into a single master plan application and review, such that development subsequent to an approved master plan can be processed through site plan review. The master plan ordinance is not intended to integrate proposed large-scale zone or comprehensive plan changes to commercial designations, or to facilitate development to that effect.3.    Master plan review and subsequent site plan review shall serve to integrate the following review processes:a.    Conditional use review;b.    Mixed use review;c.    Zone changes, consistent with the procedural ordinance, necessary to meet the applicability requirement of this section;d.    Responsible official review;e.    Variance.4.    Proposed comprehensive plan map changes increasing areas of commercial designations shall be processed separately under Section 40.560.010.5.    Upon approval by the reviewing authority and timely implementation as described in Section 40.520.070(H), the master plan shall remain in force unless amended through Section 40.520.060, Post-Decision Review. All development in the master plan area shall thereafter comply with the master plan requirements and standards included or referenced therein. Provisions of this subsection may be implemented through this section, incorporating Sections 501 through 506 of Chapter 347, Laws of 1995.6.    All post-decision reviews of master plans in MH zones are Type I reviews. Development sites within the master planned area may be reconfigured under post-decision review as necessary to attract uses as defined in Section 40.520.070(B)(3).(Amended: Ord. 2010-08-06; Ord. 2014-12-16; Ord. 2019-11-16)D.    Approval Criteria.    In approving the master plan, site plans subsequent to master plan approval, or amendments to the master plan, the review authority shall make a finding that the following approval criteria are met:1.    All of the following general goals are met:a.    Achievement of the goals and objectives of the community framework plan and the comprehensive plan;b.    Enhancement of economic vitality, particularly opportunities for high wage employment; c.    Efficient provisions and use of public facilities and services; d.    Measures to reduce the number of automobile trips generated and to encourage alternative modes of transportation; ande.    Goals provided in the purpose statements of the applicable zoning district.2.    All of the following conditions exist:a.    The master plan contains adequate provisions for ensuring that the original visions and goals as stated in the master plan will be implemented;b.    The site of the proposed master plan is adequate in size and shape to accommodate the proposed uses and all yards, spaces, walls and fences, parking, loading, landscaping, and other features as required by this title, and to ensure that said use will have no significant detrimental impacts on neighboring land uses and the surrounding area;c.    The site for the proposed uses relates to streets and highways that are or will be adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed uses;d.    Adequate public utilities are or will be available to serve the proposed project;e.    The establishment, maintenance, and/or conduct of the use for which the development plan review is sought will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, or welfare of persons residing or working in the neighborhood of such use and will not, under the circumstances of the particular case, be detrimental to the public welfare, injurious to property or improvements in said neighborhood; nor shall the use be inconsistent with the character of the neighborhood or contrary to its orderly development;f.    The proposed master plan facilitates quality development in an integrated manner which provides for a functional and design interrelation of uses and/or structures;g.    The master plan meets all submittal requirements of this section, and material submitted provides sufficient detail to enable review for compliance;h.    All areas of the master plan site to be developed with commercial uses shall be so delineated on the master plan. (1)    Light industrial (IL) zone: Commercially delineated areas proposed within industrially zoned areas of the master plan site shall account for no more than ten percent (10%) of the total area. (2)    Mixed use (MX) zone: Uses shall conform to the requirements of Section 40.230.020.(3)    Heavy industrial (IH) zone: Commercially delineated areas proposed within industrially zoned areas of the master plan site shall account for no more than ten percent (10%) of the total building square footage.3.    The review authority may impose conditions as necessary to satisfy the requirements of this section.4.    The applicant may choose one (1) of two (2) options for environmental review:a.    Environmental review for buildout of the master plan. Projects included in the environmental review of the master plan shall not require additional environmental review; orb.    Environmental review of the conceptual master plan followed by project-specific environmental review to be completed at the time of individual project development. This option includes situations where the conceptual SEPA review for the master plan is completed concurrently with project-specific SEPA review on a first phase. The scope of a narrower review of project proposals may be based on relevant similarities, such as common timing, impacts, implementation or subject matter (per WAC 197-11-060(3)).(Amended: Ord. 2012-12-14)E.    Site Plan Review Process Under an Approved Master Plan.    Development proposals submitted pursuant to an approved master plan shall be reviewed under Section 40.520.040, subject to a demonstration of consistency with the approved master plan and applicable conditions of master plan approval. Such development proposals do not require a public hearing on a project-specific basis so long as the original master plan is followed. The review authority may impose conditions of approval for such site plan proposal as necessary to ensure compliance with master plan approval criteria or conditions.F.    Development Standards, Covenants and Guidelines.1.    Mixed use (MX) zoned lands shall comply with Section 40.230.020.2.    Light industrial (IL) and heavy industrial (IH) zoned lands: The applicant has two (2) options in establishing development standards to control development in the master plan area:a.    Incorporate the development standards as adopted by the ordinance codified in this section; orb.    Propose new development standards (which may incorporate some of the standards in this section). Development standards that differ from the existing land use code requirements will be reviewed as part of master plan review.c.    Development standards shall address:(1)    Permitted, accessory and conditional uses and uses permitted with administrative review;(2)    Floor area ratios for office, commercial and industrial development, where permitted;(3)    Maximum building heights;(4)    Maximum lot coverage (building and impermeable surface);(5)    Setbacks;(6)    Minimum spacing between buildings;(7)    Circulation/access to and within each lot and/or area;(8)    Landscaping requirements (minimum landscaped area);(9)    Open space;(10)    Parking requirements (location, design, amount);(11)    Street standards;(12)    Signage; and(13)    Handicapped accessibility.3.    Covenants, Conditions and Restrictions. Notwithstanding any other provision in this section, the review authority may enter into developer agreements pursuant to RCW 36.70B.170 through 36.70B.210. Council may also declare the master plan a planned action pursuant to RCW 43.21C.031.a.    Other site development restrictions, such as easements and covenants, not covered by the development standards or applicable ordinances may be incorporated into the master plan, in a section stipulating covenants, conditions and restrictions that run with the land;b.    Where separate ownership of lots within the master plan area may occur, to ensure consistency in development and protect the character of the development, the owners may be required, or may desire, to confer responsibility for maintaining common open space, communal recreational areas and facilities, private roads and landscaping to one (1) of the following:(1)    An association of owners that 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 common open space that is acceptable to the Prosecuting Attorney. Automatic membership in the association upon purchase of property and association fees shall be contained in covenants that run with the land. The association must have the power to levy assessments. Nonpayment of association fees can become a lien on the property; or(2)    Dedication to a public agency that agrees to maintain the common open space and any buildings, structures or other improvements which have been placed on it.4.    Other conditions which may be addressed in this section of the master plan document are agreements and assurances on the part of the applicant and on the part of the county with respect to future development. Other general provisions may be included in the final master plan: effective date, duration, cooperation and implementation, intent and remedies, periodic review, dispute resolution, assignment, relationship of parties, hold harmless, notices, severability and termination, time of essence, waiver, successors and assigns, governing state law, constructive notice and acceptance, processing fees.5.    The owner may choose to establish architectural design guidelines to promote consistency throughout the development. Administering the guidelines shall be the responsibility of the owner of the site or the association of owners. The guidelines may consist of, for example, roof pitches, building materials, window treatments, paving materials, and building articulation, etc.6.    The comprehensive plan map shall be amended to add the suffix “-mp” to the site at the time of annual review for all approved master plans approved in the previous calendar year.(Amended: Ord. 2012-12-14; Ord. 2019-05-07)G.    Final Master Plan Review.     The final master plan shall be submitted in conjunction with the final construction/site plan application, as required under Section 40.520.040(F).H.    Master Plan Approval Timelines.    The master plan approval timelines shall be those established under Section 40.500.010(B).(Note: Section 40.520.060, Post-Decision Procedures, addresses the process for subsequent changes to a master plan; and Section 40.510.020(H) addresses appeals.)(Amended: Ord. 2006-04-18; Ord. 2011-03-09)

A.    Purpose.    The master planning standards in this section are intended to:1.    Promote coordinated and cohesive site planning and design of rural industrial development sites that will develop over an extended period of time;2.    Provide a means of streamlining and consolidating development review processes, lessening the scope of piecemeal review as individual developments occur;3.    Provide a level of predictability to project applicants, the county and the community at large regarding the nature and type of development which will occur in the future; and4.    Through flexibility of standards and consolidation of reviews, promote and facilitate quality development in an integrated, cohesive manner providing for functional, design and other linkages between, and consistency among, a mix of individual uses and structures.(Amended: Ord. 2019-11-16) B.    Applicability.    This chapter applies to rural industrial sites established pursuant to RCW 36.70A.365 and Section 40.560.010(H). Such sites are to be a minimum of one hundred (100) acres in size and zoned light industrial (IL).(Amended: Ord. 2019-11-16) C.    Approval Process.1.    A master plan prepared for a rural industrial site will be processed as part of the application, pursuant to Section 40.560.010(H).2.    The master planning review is intended to provide a means of consolidating various reviews into a single master plan application and review, such that specific major industrial developments subsequent to an approved master plan can be processed through site plan review. 3.    Master plan review and subsequent site plan review for specific major industrial developments shall serve to integrate the following review processes:a.    Conditional use review;b.    Responsible official review; andc.    Variance.4.    Upon approval by the reviewing authority, the master plan shall remain in force unless amended through Section 40.520.060, Post-Decision Review. All development in the master plan area shall thereafter comply with the master plan requirements and standards included or referenced therein. Provisions of this subsection may be implemented through this section, incorporating Sections 501 through 506 of Chapter 347, Laws of 1995.5.    All post-decision reviews of master plans are Type I reviews.(Amended: Ord. 2019-11-16) D.    Approval Criteria. 1.    In approving the master plan, site plans subsequent to master plan approval, or amendments to the master plan, the review authority shall make a finding that the following approval criteria are met:a.    General goals:(1)    Achievement of the goals and objectives of the community framework plan and the comprehensive plan;(2)    Enhancement of economic vitality, particularly opportunities for high wage employment; (3)    Efficient provisions and use of public facilities and services; (4)    Plan sufficient infrastructure to meet concurrency needs; and(5)    Goals provided in the purpose statements of the applicable zoning district.b.    Specific conditions:(1)    The master plan contains adequate provisions for ensuring that the original visions and goals as stated in the master plan will be implemented;(2)    The site of the proposed master plan is adequate in size and shape to accommodate the proposed uses and all yards, spaces, walls and fences, parking, loading, landscaping, and other features as required by this title, and to ensure that said use will have no significant detrimental impacts on neighboring land uses and the surrounding area;(3)    The site for the proposed uses relates to streets and highways that are or will be adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed uses;(4)    Adequate public utilities are or will be available to serve the proposed project;(5)    The establishment, maintenance, and/or conduct of the use for which the development plan review is sought will not, under the circumstances of the particular case, be detrimental to the health, safety, or welfare of persons residing or working in the neighborhood of such use and will not, under the circumstances of the particular case, be detrimental to the public welfare, injurious to property or improvements in said neighborhood; nor shall the use be inconsistent with the character of the neighborhood or contrary to its orderly development;(6)    The proposed master plan facilitates quality development in an integrated manner which provides for a functional and design interrelation of uses and/or structures;(7)    The master plan meets all submittal requirements of this section, and material submitted provides sufficient detail to enable review for compliance;(8)    All areas of the master plan site to be developed with commercial uses shall be so delineated on the master plan. Commercially delineated areas proposed within industrially zoned areas of the master plan site shall account for no more than ten percent (10%) of the total area. 2.    The review authority may impose conditions as necessary to satisfy the requirements of this section.3.    The applicant may choose one (1) of two (2) options for environmental review:a.    Environmental review for build-out of the master plan. Projects included in the environmental review of the master plan shall not require additional environmental review; orb.    Environmental review of the conceptual master plan followed by project-specific environmental review to be completed at the time of individual project development. This option includes situations where the conceptual SEPA review for the master plan is completed concurrently with project-specific SEPA review on a first phase. The scope of a narrower review of project proposals may be based on relevant similarities, such as common timing, impacts, implementation or subject matter (per WAC 197-11-060(3)).E.    Site Plan Review Process Under an Approved Master Plan.    Major industrial development proposals submitted pursuant to an approved master plan shall be reviewed under Section 40.520.040, subject to a demonstration of consistency with the approved master plan and applicable conditions of master plan approval. Such specific major industrial developments are subject to a Type III review process according to Section 40.510.030, with the following specific hearing notice requirements that supersede those of Section 40.510.030: An open record public hearing shall be held before the hearing examiner with notice published at least thirty (30) days before the hearing date and mailed to all property owners within one (1) mile of the site. The review authority may impose conditions of approval for such site plan proposal as necessary to ensure compliance with master plan approval criteria or conditions.F.    Development Standards, Covenants, and Guidelines. 1.    The applicant has two (2) options in establishing development standards to control development in the master plan area:a.    Incorporate the development standards as adopted by the ordinance codified in this section; orb.    Propose new development standards (which may incorporate some of the standards in this section). Development standards that differ from the existing land use code requirements will be reviewed as part of master plan review.2.    Development Standards. See Section 40.230.085(D).3.    Covenants, Conditions and Restrictions. Notwithstanding any other provision in this section, the review authority may enter into developer agreements pursuant to RCW 36.70B.170 through 36.70B.210. Council may also declare the master plan a planned action pursuant to RCW 43.21C.031.a.    Other site development restrictions, such as easements and covenants, not covered by the development standards or applicable ordinances may be incorporated into the master plan, in a section stipulating covenants, conditions and restrictions that run with the land;b.    Where separate ownership of lots within the master plan area may occur, to ensure consistency in development and protect the character of the development, the owners may be required, or may desire, to confer responsibility for maintaining common open space, communal recreational areas and facilities, private roads and landscaping to one (1) of the following:(1)    An association of owners that 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 common open space that is acceptable to the Prosecuting Attorney. Automatic membership in the association upon purchase of property and association fees shall be contained in covenants that run with the land. The association must have the power to levy assessments. Nonpayment of association fees can become a lien on the property; or(2)    Dedication to a public agency that agrees to maintain the common open space and any buildings, structures or other improvements which have been placed on it.4.    Other conditions which may be addressed in this section of the master plan document are agreements and assurances on the part of the applicant and on the part of the county with respect to future development. Other general provisions may be included in the final master plan: effective date, duration, cooperation and implementation, intent and remedies, periodic review, dispute resolution, assignment, relationship of parties, hold harmless, notices, severability and termination, time of essence, waiver, successors and assigns, governing state law, constructive notice and acceptance, processing fees.5.    The owner may choose to establish architectural design guidelines to promote consistency throughout the development. Administering the guidelines shall be the responsibility of the owner of the site or the association of owners. The guidelines may consist of, for example, roof pitches, building materials, window treatments, paving materials, and building articulation, etc.6.    The comprehensive plan map shall be amended to add the suffix “-mp” to the site at the time of approval of master plans approved under this chapter.(Added: Ord. 2014-12-16; Amended: Ord. 2016-04-03; Ord. 2019-05-07)

A.    Purpose.    The intent of planned unit developments (PUD) is to allow flexibility in design and creative site planning, and in some cases density, while providing for the orderly development of the county that meets the comprehensive plan. Planned unit developments should allow for a mix of housing types, lot sizes, and uses.    The legislature through the Growth Management Act (RCW 36.70A.090 and RCW 36.70A.020(4)) and the county in its comprehensive plan (Chapter 2.7.1) encourages a creative approach to affordable and diversified housing. Council finds and concludes that planned unit developments are an important development alternative to meet the needs of home buyers by providing a variety of lot sizes and housing styles. Furthermore, the PUD code reduces the restrictive impact of critical area ordinances. Therefore, Council concludes that a PUD implements GMA and the comprehensive plan and that applicants need not demonstrate a change of circumstances.(Amended: Ord. 2019-05-07; Ord. 2024-06-04)B.    Applicability.1.    Planned unit developments are permitted pursuant to the provisions of this section within the following districts: 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, CR-1, CR-2, NC, CC, CL, GC and MX districts.2.    Uses Permitted.    Any use consistent with the zone districts designated for the parcel(s) within the proposed planned unit development boundary may be permitted in planned unit developments. The location of the uses in planned unit developments may vary from underlying zoning; provided, that the total allowed uses (e.g., number of residential uses or area assigned to commercial use) was limited by the maximum allowed on each respectively zoned parcel. Applications for PUDs shall be reviewed using a Type II-A process unless submitted with a subdivision, then it shall be reviewed using a Type III process.(Amended: Ord. 2024-06-04)C.    Design Flexibility.1.    Design Flexibility. Zoning standards that may be varied without the need of a variance include, but are not limited to, lot standards, setbacks, landscaping, and parking. Design flexibility for transportation, stormwater, critical area, and other nonland-use-related standards may be reviewed separately through other review processes such as a road modification or stormwater variance.2.    Site Size. A PUD shall be located on a minimum site size of three (3) acres unless the responsible official finds that the site of the proposed use is adequate in size and shape to accommodate the proposed use and all setbacks, parking, loading, landscape/screening, and other features as required by this title.3.    Building Height. 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).4.    Open Space. All PUDs shall provide a minimum of twelve percent (12%) open space based on the net site area for active or passive recreational purposes:a.    Active recreational areas include features such as jogging trails, child play equipment, open fields for pick-up games, game courts, swimming pools, club houses, picnic areas and pavilions.b.    Passive recreational areas include features such as natural protected areas and open space with features like access trails, benches, interpretive signs and view corridors.c.    Stormwater facilities may be counted as open space only if they are not fenced, and include features such as natural areas, water gardens and habitat, and are incorporated into the overall open space design.d.    The open space shall be consistent with the character of the PUD, considering its size, density, expected population, topography, and the number and type of dwellings.5.    All open space shall be conveyed to and permanently maintained by a home owners association unless a public agency agrees to maintain the open space and any structures or improvements located on it. Prior to final plat/site plan approval, the association of owners will be created under the laws of the state and shall adopt and propose articles of incorporation or association and bylaws, and covenants, conditions and restrictions limiting the uses of the open space shall be adopted and approved by the Prosecuting Attorney.6.    All PUDs shall provide street trees on public and private roads as well as street lighting, except street lighting will not be required on functional classifications of arterial, collector, and scenic route roadways. One (1) street tree shall be provided on an average of twenty-four (24) linear feet, species chosen from the Clark County Standard Details Manual or specified by a certified landscape architect. Street trees on private roads shall be conveyed and permanently maintained by the home owners association.(Amended: Ord. 2024-06-04)D.    Approval Criteria.    Prior to preliminary approval of the proposed PUD, the Hearing Examiner or the responsible official must find that the following three (3) conditions exist:1.    Alternate designs proposed will provide a plan equal or superior to the standard being varied.2.    Through lot size, setbacks, building orientation, and screening, the proposed PUD shall provide a gradual transition adjacent to lower density neighborhoods or nonresidential uses.3.    The applicant proposes design features that may include, but are not limited to, designs centered on protected natural areas, front porches/recessed garages, pedestrian-friendly orientation, benches/gazebos, water features, recreational areas, stormwater systems designed as features, and affordable housing.(Amended: Ord. 2024-06-04)E.    Residential Density Bonus.    A density bonus may be granted for those PUDs that provide design concepts that will enhance the livability of the proposed development and surrounding area. Each of the following design concepts may result in a three percent (3%) density increase, with a maximum density increase of ten percent (10%):1.    Variety of housing types and densities.2.    A mix of uses.3.    Design that reduces automobile trips and encourages alternative modes of transportation.4.    Alley vehicle access only for at least fifty percent (50%) of the units.5.    PUDs that contain more than fifteen percent (15%) open space based on the net site area.6.    Low impact developments (LID).(Amended: Ord. 2006-05-01; Ord. 2024-06-04)F.    Open Space for LIDs.    LIDs that provide lot sizes equal to or greater than that required by the zoning district shall be exempt from the open space requirements in subsection (C)(4) of this section.(Amended: Ord. 2010-08-06; Ord. 2024-06-04)

A.    Purpose.    Lots, uses, and structures exist which were lawful when established but whose establishment would be restricted or prohibited under current zoning regulations. The intent of this chapter is to allow continuation of such nonconforming uses and structures. It is also the intent of this chapter to, under certain circumstances and controls, allow modifications to nonconforming uses and structures consistent with the objectives of maintaining the economic viability of such uses and structures while protecting the rights of surrounding property owners to use and enjoy their properties.(Amended: Ord. 2017-07-04)B.    Applicability.    All nonconforming lots, uses and structures shall be subject to provisions of this chapter.1.    If a lot, use or structure deemed legal nonconforming under past zoning regulations is brought into compliance with current standards, it shall be considered conforming.2.    The provisions in this chapter do not supersede or relieve a property owner from compliance with building, fire, health or other life safety requirements of the code.(Amended: Ord. 2017-07-04)C.    Nonconforming Status.1.    Any lot, use, or structure which, in whole or part, is not in conformance with current zoning requirements shall be considered as follows:a.    Legal Nonconforming. Lots, uses and structures legally created or established under prior zoning and/or platting regulations. These lots, uses and structures may be maintained or altered subject to provisions of this chapter.b.    Illegal Nonconforming. Lots, uses and structures which were not in conformance with applicable zoning and/or platting regulations at the time of creation or establishment. Illegal nonconforming lots, uses and structures shall be discontinued, terminated or brought into compliance with current standards.2.    It shall be the burden of a property owner or proponent to demonstrate the legal nonconformity of a lot, use, and structure.(Amended: Ord. 2017-07-04)D.    Legal Nonconforming Lots.    A legal lot of record, as defined in Section 40.100.070 and created as a building site, which does not conform to minimum lot area, width or depth requirements of the zoning district in which it is currently situated may be developed, subject to the following:1.    A permitted use or structure shall meet all existing development standards of the zoning district within which it is located including, but not limited to, required yards/setbacks, lot coverage, density, parking, landscaping, storm drainage, signage, and road standards.2.    For the purpose of establishing setbacks from property lines, any residential lot of record in the rural (R-5, R-10 and R-20), resource (FR-80 and FR-40, AG-20, and AG-WL), urban reserve (UR-10 and UR 20) and urban holding (UH-10 and UH-20) districts which has a smaller lot area, width and/or depth than that required by the zone in which it is located may use that residential zoning classification which most closely corresponds to the area or dimensions of the lot of record.3.    A legal nonconforming lot shall not be further diminished in size or dimension unless approved through a lot reconfiguration under Section 40.210.010(D) or Section 40.250.110(C)(2).4.    A legal nonconforming lot may be increased in size to bring it into closer conformance with area requirements of the zone in which it is located.5.    A legal nonconforming lot which is increased in area or dimension such that it is brought into compliance with any or all of the lot requirements for the zoning district in which it is located shall thereafter remain in compliance.6.    A legal lot of record that is reduced through governmental action or adverse possession below, or further below the required minimum size of the zoning district in which it is located shall be deemed a legal nonconforming lot, subject to review through a Type I process.(Amended: Ord. 2012-07-03; Ord. 2016-06-12; Ord. 2017-07-04)E.    Legal Nonconforming Buildings or Structures.    A legally established building or structure may continue to be used or occupied by a use permitted in the zoning district in which it is currently located even though it does not comply with present development standards (e.g., setbacks, lot coverage, density, height, etc.) of said zone. The legal nonconforming building or structure may be maintained as follows:1.    Maintenance and Repair.    Ordinary repairs to correct deterioration or wear may be made to legal nonconforming structures. Minor maintenance and repair includes such things as painting, roof repair and replacement, plumbing, wiring, mechanical equipment replacement, and weatherization.2.    Expansion or Structural Alteration.    A legal nonconforming building or structure may be expanded, enlarged, or structurally altered, provided the modification meets applicable development standards for the zoning district in which it located. In no case shall said modification increase the building or structure’s nonconformity. Expansion of nonresidential and multifamily buildings or structures may require site plan approval.Figure 40.530.010-13.    Restoration of Damaged Building or Structure.    A legal nonconforming building or structure that is damaged by fire, flood, explosion, wind, earthquake, war, riot, calamity or other catastrophic event may be restored or repaired as follows:a.    Partial Destruction.    If the extent of damage does not exceed sixty percent (60%) of either the square footage or assessed value of such building or structure as established by the most current County Assessor’s tax roll, the building or structure may be reconstructed to the footprint existing immediately prior to the time of partial destruction, provided:(1)    A building permit for said restoration shall be applied for within one (1) year of the date of damage or disaster.(2)    Restoration/reconstruction shall be completed within two (2) years of the date of partial destruction.(3)    Upon receiving a written request, the responsible official may, through a Type I review process, extend the above time limitations due to special circumstances beyond the control of the owner of said building or structure.b.    Substantial Destruction.    If the extent of damage exceeds sixty percent (60%) of either the square footage or assessed value of such building or structure as established by the most current County Assessor’s tax roll, the building or structure shall not be repaired or reconstructed unless it conforms to development requirements of the zoning district in which it is located.4.    Relocation.    A legal nonconforming building or structure shall not be relocated on the same lot unless said move results in bringing the building or structure into compliance with requirements of the zoning district in which it is situated.5.    Signs.    Legal nonconforming signs are subject to provisions in Section 40.310.010(H).F.    Legal Nonconforming Uses.    Any lawfully established nonconforming use or development may be continued at the same gross floor area or land coverage occupied on the effective date of the ordinance codified in this title, or any amendment thereto, that made the use no longer permissible. Use of these buildings and land are subject to the following:1.    Establishment of Legal Nonconforming Status.a.    Any person may request a determination through a Type I process regarding legal status of a nonconforming use.b.    Evidence submitted by the applicant shall demonstrate that the use was lawfully created or established in accordance with the zoning regulations in existence at that time, and that said use has been maintained continuously since the time zoning regulations governing the land changed. Acceptable documentation may consist of, but is not limited to, such items as:(1)    Dated business receipts showing types of service or goods provided;(2)    Statements or records from utilities, such as power, water or gas, which indicate the date and type of use;(3)    Business licenses;(4)    Property rental invoices or receipts;(5)    Income tax records;(6)    Dated listings in telephone, business or Polk directories;(7)    Records of the County Assessor;(8)    Building, land use or development permits;(9)    Dated photographs, newspaper clippings, and other relevant documentation; or(10)    Notarized affidavits from neighbors or persons who have observed the nonconforming use over the required period of time may assist in substantiating its presence but shall not be the primary document upon which a determination is based.2.    Change of Ownership, Tenancy, or Management.    The legal nonconforming status of a use runs with the land, and is not dependent upon ownership, tenancy, or management, provided the nature, character, intensity or occupancy classification of the use does not change.3.    Maintenance and Repair.    Ordinary repairs and incidental alterations to correct deterioration or wear may be made to buildings containing a legal nonconforming use, provided the cost of such repairs in any twelve (12) month period does not exceed twenty-five percent (25%) of the assessed valuation of such building or structure as established by the most current County Assessor’s tax roll. Minor maintenance and repair includes such things as painting, roof repair and replacement, plumbing, wiring, mechanical equipment replacement, and weatherization. Incidental alterations may include construction of nonbearing walls or partitions.4.    Expansion or Alteration of Uses Established with Planned Unit Development or Site Plan Approval.    Applications for expansion or alteration of existing nonconforming uses which have been established pursuant to a valid planned unit development or site plan approval from the county may be considered, subject to the following:a.    All applicable conditions of the planned unit development or site plan approval shall be fully complied with; andb.    The responsible official may apply specific standards of the zoning district in which the planned unit development or site plan was approved, rather than standards of the underlying zoning district, as deemed necessary to ensure compliance with this chapter.5.    Other Expansions or Alterations.    Other than as allowed under Section 40.530.010(F)(4), a legal nonconforming use shall not be enlarged, expanded, or extended to include a portion of a structure or site it did not previously occupy on the date said use became nonconforming. For the purposes of this section, the term “enlarged, expanded, or extended” shall include, but not be limited to:a.    Increased hours;b.    Increased services or programs;c.    Increased number of residential dwellings;d.    Interior renovations or structural additions that increase the occupant load of the structure dedicated to the nonconforming use;e.    Any new structures accessory to the nonconforming use;f.    Expansion or replacement of the structure (or portions thereof) dedicated to the nonconforming use; org.    Anything beyond regular maintenance and minor repairs.6.    Change of Use.    The legal nonconforming use of a building, structure, or land may be changed through the site plan review process in Section 40.520.040, subject to the following:a.    Permitted Use in the Zone.    A conversion from a nonconforming use to a use permitted in the zone shall require site plan review under the provisions of Section 40.520.040 to ensure compliance with applicable development standards. Whether the application is a Type I or Type II will depend on the criteria in Section 40.520.040(B). Once converted to a permitted use, the nonconforming use may not be re-established.b.    Different Nonconforming Use.    A legal nonconforming use may be changed to another nonconforming use, subject to a Type II site plan review, only if all of the following conditions are met:(1)    The proposed new use must have equal or lesser overall adverse impacts to the surrounding area considering such factors as traffic, required on-site parking, hours of operation, noise, glare, dust, odor, and vibration.(2)    The proposed use will not introduce hazards or interfere with development potential of nearby properties in accordance with current zoning regulations.(3)    The change in use will not result in an increase in the amount or area devoted to outdoor storage of goods or materials.(4)    The proposed new use will not increase the amount of space occupied by a nonconforming use.(5)    The proposed change in use will involve minimal structural alteration.(6)    The responsible official may impose conditions to ensure compliance with subsections (F)(6)(b)(1) and (2) of this section.(Amended: Ord. 2012-12-23)7.    Restoration of Damaged Building or Structure.    A building or structure containing a legal nonconforming use that is damaged by fire, flood, explosion, wind, earthquake, war, riot, calamity or other catastrophic event may be restored or repaired as follows:a.    Partial Destruction.    If the extent of damage does not exceed sixty percent (60%) of either the square footage or assessed value of such building or structure as established by the most current County Assessor’s tax roll, the building or structure may be reconstructed to the footprint existing immediately prior to the time of partial destruction.(1)    A building permit application for said restoration shall be filed for within one (1) year of the date of damage or disaster.(2)    Restoration/reconstruction shall be completed within two (2) years from the date of partial destruction.(3)    Upon receiving a written request, the responsible official may through a Type I review process extend the above time limitations for special circumstances beyond the control of the owner of said building or structure.b.    Substantial Destruction.    If the extent of damage exceeds sixty percent (60%) of either the square footage or assessed value of such building or structure as established by the most current County Assessor’s tax roll, the building or structure shall not be repaired, reconstructed or reoccupied for any use unless such use conforms to development requirements of the zoning district in which the building or structure is located.8.    Discontinuation of Legal Nonconforming Use.    If a legal nonconforming use of land is discontinued or terminated, it shall not be re-established. Any subsequent use of the building or land shall conform to requirements of the zoning district in which it is located.a.    A use is considered discontinued if customary operation of said use has ceased for a period of twelve (12) months or more.b.    The responsible official may, through a Type I process, grant an extension to the timeframe identified above, provided the property owner submits documentation demonstrating there was no intent to abandon the use. Documentation may include, but is not limited to, the following:(1)    Requests for approvals necessary to re-establish the use or structure submitted to appropriate county, state and federal agencies within twelve (12) months after the use was discontinued;(2)    The property or structure has been involved in litigation;(3)    Disputes in insurance settlements in the case of fire or casualty;(4)    Delay in transferring title due to probate proceedings; or(5)    Attempts to lease the site are ongoing due to:(a)    The length of time involved for marketing the premises; or(b)    The structure is a specialized type of building requiring a specialized type of use due to equipment, processes or configuration.c.    A statement from the property owner merely stating that there is no intent to abandon is not sufficient documentation without a showing of additional actions taken by the property owner to re-establish the use or structure.G.    Nonconforming Landscaping and Screening.    On a lawfully developed property which is nonconforming as to landscaping or screening, a change of use which requires site plan review under Section 40.520.040 shall be brought into compliance with landscape and screening standards in Section 40.520.040(E)(4).(Amended: Ord. 2010-08-06)H.    Nonconconforming Vehicles/Boats.    On any lawfully developed property which is nonconforming based on the presence of inoperable boats in violation of Section 9.24.010, after July 15, 2014, the owner and persons occupying the property must bring the property into conformance with current code within six (6) months.(Added: Ord. 2014-07-13)

A.    A boundary line adjustment (BLA) is a process for the purpose of adjusting boundary lines which does not create any additional lot, tract, parcel, site or division nor create any lot, tract, parcel, site or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site.(Amended: Ord. 2006-11-07; Ord. 2007-06-05)B.    Boundary line adjustments across public roadways are not allowed.(Amended: Ord. 2007-06-05)C.    Boundary line adjustments recorded through the County Auditor’s office do not ensure such adjustments meet current zoning requirements. BLA applications approved through the Community Development Department ensure compliance with current zoning requirements, and are reviewed and approved through a Type I process, pursuant to Section 40.510.010.(Amended: Ord. 2006-05-01; Ord. 2006-11-07; Ord. 2007-06-05; Ord. 2012-07-03)D.    Blanket utility easements existing along lot lines, that are specifically required as a condition of development approval, may be moved during a boundary line adjustment; provided, there is compliance with RCW 64.04.175 and the easement is not occupied by a utility. If the easement is occupied, this provision is inapplicable, and the provisions of Section 40.540.120 and RCW 64.04.175 shall apply.(Amended: Ord. 2006-11-07; Ord. 2007-06-05)E.    Application submittal requirements for BLAs include:1.    A completed application form;2.    The appropriate fee;3.    Sales history since 1969 for each parcel to include:a.    Copies of all deeds or real estate contracts showing previous owners or division of the original parcel;b.    Prior segregation requests;c.    Prior recorded surveys; andd.    Other information demonstrating compliance with the approval criteria.4.    A site plan showing current conditions, including:a.    The applicant’s and contact person’s name, mailing address and phone number;b.    Owner’s name and address;c.    Layout and dimensions of parcels drawn to scale (minimum eight and one-half (8.5) by eleven (11) inches);d.    North arrow (oriented to the top, left or right of page), scale and date;e.    Area of existing sites in acres or square feet;f.    Location of all existing buildings/structures, septic tanks and drainfields, wells and on-site utilities, and their distance in feet from all property lines;g.    Public and private roads and their dimensions and location; andh.    Private road and utility easements and their dimensions and location.5.    A site plan showing proposed conditions, including:a.    Layout and dimensions of adjusted parcels drawn to scale (minimum eight and one-half (8.5) by eleven (11) inches);b.    North arrow (oriented to the top, left or right of page), scale and date;c.    Area of adjusted sites in acres or square feet;d.    Location of all existing buildings/structures, septic tanks and drainfields, wells and on-site utilities, and their distance in feet from all property lines;e.    Public and private roads and their dimensions and location; andf.    Private road and utility easements and their dimensions and location.(Amended: Ord. 2006-11-07; Ord. 2007-06-05; Ord. 2009-06-01)

A.    Purpose. In addition to those purposes set forth in RCW 58.17.010, the following purposes are also essential to the regulation of the subdivision of land within the unincorporated areas of the county:1.    To promote the effective utilization of land;2.    To make adequate provision for the housing, commercial, and industrial needs of the county;3.    To prescribe procedures for the subdivision of land in accordance with officially adopted plans, policies, and standards, including the provisions of any adopted zoning ordinance; and4.    To provide for the efficient processing of subdivision applications without undue delay.(Amended: Ord. 2019-11-15)B.    Applicability.1.    Plat, Short Plat or Other Review Required. All divisions of land, except those specifically listed in Section 40.540.020(B)(4), shall be subject to the provisions of the applicable portions of Chapter 58.17 RCW and this chapter.2.    Agreement to Transfer Land After Preliminary Plat Approval. Agreements to transfer land prior to final plat or short plat is authorized; provided, that the performance of an offer or agreement to sell, lease or otherwise transfer a lot, tract or parcel of land following preliminary plat or short plat approval is expressly conditioned on the recording of the final plat or short plat containing the lot, tract or parcel.3.    Redivisions. Any division of land occurring after June 20, 1989, which is exempt from review under RCW 58.17.040(2) and Section 40.540.020(B)(4)(b) shall not be further divided using the short plat process for a period of five (5) years following the date of such exempt division.4.    Exemptions. The provisions of this chapter shall not apply to the following:a.    Cemeteries and burial plots while used for that purpose.b.    Divisions of land into lots or tracts, each of which is one thirty-second (1/32) of a section of land or larger, or twenty (20) acres or larger, if the land is not capable of description as a fraction of a section of land. For purposes of computing the size of any lot under this item which borders on a street or road, excluding limited-access streets or roads, the lot size shall be expanded to include that area which would be bounded by the centerline of the road or street, and the side lot lines of the lot running perpendicular to such centerline.c.    Divisions of land which are the result of the actions of governmental agencies, such as condemnation for road construction purposes.d.    Divisions of land made by testamentary provisions, or the laws of descent.e.    Divisions of land into lots or tracts classified for industrial or commercial use, when the responsible official has approved a “binding site plan” for use of the land in accordance with Section 40.520.040(C).f.    Divisions of land made for the purpose of lease when no residential structure other than mobile homes or travel trailers are permitted to be placed upon the land, when the responsible official has approved a “binding site plan” for the use of land in accordance with Section 40.520.040.g.    Divisions of land made by subjecting a portion of a parcel or tract of land to Chapter 64.32 RCW.h.    Divisions of land made through a process listed as exempt from platting requirements by RCW 58.17.035, 58.17.040, or Section 40.540.010(A); provided, that the parcel meets all other provisions of the UDC, including, but not limited to, applicable zoning and dimensional requirements.i.    A boundary line adjustment pursuant to Section 40.540.010.j.    A division for the purpose of leasing land for facilities providing personal wireless services while used for that purpose. “Personal wireless services” means any federally licensed personal wireless service. “Facilities” means unstaffed facilities that are used for the transmission or reception, or both, of wireless communication services including, but not necessarily limited to, antenna arrays, transmission cables, equipment shelters, and support structures.(Amended: Ord. 2016-09-04; Ord. 2019-11-15)

A.    Purpose.    The purpose of this section is to provide a process to divide property into nine (9) or fewer lots in the urban area, or four (4) or fewer lots in the rural area, with a level of review that is proportional to the effect those lots may have on the surrounding area.(Amended: Ord. 2006-05-01; Ord. 2007-06-05; Ord. 2019-03-05)B.    Preapplication Review for a Preliminary Short Plat.    A preliminary short plat shall be subject to preapplication review as provided in Section 40.510.020(A) unless waived as permitted by that section. An applicant for preapplication review of a preliminary short plat shall submit the requisite fee, a completed preapplication review form provided for that purpose by the responsible official, and the information listed in Section 40.510.050.(Amended: Ord. 2019-03-05)C.    Preliminary Short Plat Application.1.    An applicant for review of a preliminary short plat shall submit the requisite fee, a completed application review form provided for that purpose by the responsible official, and one (1) copy of the information listed in Section 40.510.050.2.    Counter-complete and fully complete review of a preliminary short plat application shall be conducted as a Type I process. Review of the application shall be conducted as a Type II process. Appeal and post-decision review of Type I and II actions are permitted as provided in Chapter 40.510.(Amended: Ord. 2019-03-05)D.    Approval Criteria for a Preliminary Short Plat.    The responsible official shall approve a preliminary short plat if the applicant has sustained the burden of proving that the application complies with the approval criteria in Section 40.540.040(D) or that the application can comply with those criteria by complying with conditions of approval, and those conditions are adopted.(Amended: Ord. 2019-03-05)E.    Approval Criteria for Tracts for Nonbuilding Purposes.1.    Tracts established for the purpose of providing utilities, access or stormwater facilities shall not apply to the maximum number of lots permitted through the short plat process. A covenant(s), or a note(s) on the plat, shall be recorded to ensure tracts will be used only for the intended nonbuilding use.2.    A tract established through platting, whether or not designated as a nonbuilding tract, shall not be considered a legal lot of record. A separate platting process shall be required to convert a previously platted tract to a legal lot of record.(Amended: Ord. 2019-03-05)F.    Expiration of Preliminary Short Plat Approval.    The expiration and extension of preliminary short plat approvals are determined pursuant to Section 40.500.010(B).G.    Final Short Plat Application.    An applicant for review of a final short plat shall submit the requisite fee, a completed application review form provided for that purpose by the responsible official, and copies of the information as required by Section 40.540.070. Review of a final short plat shall be conducted as a Type I process.H.    Waiver of Survey Requirement.    Survey requirements may be waived by the County Engineer if the following conditions exist:1.    The short plat contains no more than two (2) lots, and approval has not been granted to the same owner for other lots within the property in which the proposed short plat is located.2.    The short plat is not a further division of a previously recorded, unsurveyed short plat.3.    The short plat is not located within any area designated as urban or suburban residential by the comprehensive plan.4.    The estimated cost to survey the property, including necessary ties, would exceed ten percent (10%) of the valuation of the land as listed or as on file with the records of the County Assessor. Estimates must be obtained from two (2) firms. Each estimate submitted must be in writing and be prepared by a land surveyor registered in the state of Washington.

A.    Preapplication Submittal Requirements.1.    An application for a preliminary plat for a subdivision shall be subject to preapplication review as provided in Section 40.510.030(A) unless waived as permitted by that section.2.    An applicant for a preapplication review of a preliminary plat for a subdivision shall comply with the submittal requirements in Section 40.510.050 of this code.3.    Site-specific information should be provided if it is available or if the condition is significant. Where known by the applicant, the boundaries of these conditions should be shown on the preliminary plat. The level of detail provided in the preapplication materials may be less than in an application for preliminary plat review. For instance, a wetland reconnaissance that does not involve detailed on-site investigation may be appropriate for a preapplication review. If the reconnaissance shows wetlands are reasonably likely to exist on a site, a more detailed wetlands delineation and assessment may be needed for the preliminary plat. Failure of the applicant to provide site-specific information for preapplication review may prevent the review authority from identifying relevant issues or providing the most effective review early in the process.4.    Information not provided on the form shall be provided on the face of the preliminary plat, in an environmental checklist or on other attachments. The responsible official may modify or waive requirements for preapplication materials and may conduct a preapplication review with less than all of the required information. However, failure to provide all of the required information may prevent the responsible official from identifying all applicable issues or providing the most effective pre-application review will preclude the application from contingent vesting pursuant to Section 40.510.030(G).(Amended: Ord. 2006-09-13)B.    Application Submittal Requirements for Review of a Preliminary Subdivision Plat.1.    Counter-complete and fully complete review of an application for approval of a preliminary plat for a subdivision shall be conducted as a Type I process.2.    Review of a fully complete application of a subdivision shall use a Type III process. Appeal and post-decision review are permitted as provided in Chapter 40.510 and Section 40.520.060.3.    An applicant for a review of a preliminary plat for a subdivision shall comply with the submittal requirements in Section 40.510.050.C.    Subdivisions of Properties Zoned Commercial and Industrial.    Preliminary plats for commercial and industrial properties shall comply with all of the requirements of this chapter, except that only blocks and street layout need be shown.D.    Approval Criteria for a Preliminary Plat Application.    The review authority shall approve a preliminary plat if he or she finds the applicant has sustained the burden of proving that the application complies with the following approval criteria or that the application can comply with those criteria by complying with conditions of approval:1.    The preliminary plat is in the public interest;2.    The following facilities are adequate to serve the proposed subdivision before or concurrent with development of the preliminary plat:a.    Public and private streets and roads,b.    Open spaces, parks and recreation,c.    Drainage,d.    Access to mass transit where there is or will be such transit,e.    Potable water supplies,f.    Sanitary waste collection and treatment,g.    Schools and educational services (if residential),h.    Pedestrian facilities (if residential), particularly for students who only walk to and from school, andi.    Fire prevention services;3.    The proposal complies with all applicable standards in this code or variations therefrom permitted by law, including:a.    Subtitle 40.1, Introduction and Administration;b.    Subtitle 40.2, Land Use Districts;c.    Subtitle 40.3, Design Standards;d.    Subtitle 40.4, Critical Areas and Shorelines;e.    Subtitle 40.5, Procedures;f.    Subtitle 40.6, Development Impact Fees; andg.    Title 15, Fire Prevention;4.    If a phasing plan is proposed, then the applicant also shall show:a.    The phasing plan includes all land within the preliminary plat;b.    Each phase is an independent planning unit with safe and convenient circulation and with facilities and utilities coordinated with requirements established for the entire subdivision; andc.    All road improvement requirements are assured.(Amended: Ord. 2005-04-12)E.    Approval Criteria for Tracts for Nonbuilding Purposes.1.    Tracts established for the purpose of providing utilities, access or stormwater facilities shall not apply to the maximum number of lots permitted through the subdivision process. A covenant(s), or a note(s) on the plat, shall be recorded to ensure tracts will be used only for the intended nonbuilding use. 2.    A tract established through platting, whether or not designated as a nonbuilding tract, shall not be considered a legal lot of record. A separate platting process shall be required to convert a previously platted tract to a legal lot of record.F.    Expiration and Extensions of Preliminary Plat Approval.    The expiration and extension of preliminary plat approvals are determined pursuant to Section 40.500.010(B).(Amended: Ord. 2019-03-05)

A.    Parks.    Proposed community parks and recreation sites, major urban park sites, regional park sites and other park and recreation sites serving an area larger than that of the proposed subdivision or short subdivision area that are located in whole or in part in the proposed subdivision or short subdivision as indicated in the park plan elements of the comprehensive plan or other adopted plans or policies of the county, may be required to be reserved by the subdivider when recommended by the Clark County Parks Director, for purchase by the public within a one (1) year period of time after final subdivision approval.B.    Open Space and Greenbelts.    Portions of the county designated in the park plan element of the comprehensive plan or other adopted plans and policies of the county for regional open space or greenbelt systems and located within a proposed subdivision may be required to be reserved by the subdivider when recommended by the Clark County Parks Director for purchase by the public within a one (1) year period of time after final subdivision approval.C.    Separate from Plat.    All reservations shall be considered independently of the proposed subdivision or short subdivision for any of the purposes of this chapter.

A.    Preferred Scale Proportions.    The preferred scale proportions for preliminary and final plats are ratios as follows: (1) one to six hundred (1:600) (1 inch = 50 feet); (2) one to one thousand, two hundred (1:1,200) (1 inch = 100 feet); or (3) one to two thousand, four hundred (1:2,400) (1 inch = 200 feet); but in no case shall the proportion exceed one to two thousand four hundred (1:2,400).B.    Final Plat Drawing Requirements.1.    The final plat shall either (a) be drawn with ink upon 3-mil Mylar film, or equivalent, or (b) consist of a photo Mylar with a fixed silver halide base; said sheets to be either (a) thirty (30) inches by twenty-one (21) inches or (b) thirty-six (36) inches by twenty-four (24) inches, with a one (1) inch border on each side.2.    The following layers of the final plat shall be prepared as a drawing interchange file (DXF). This digital file shall be saved on a 3.5" high density disk, CD-ROM, or transmitted via electronic mail. The submitted DXF shall conform to the layering scheme in Table 40.540.060-1:C.    Lettering.1.    For the hard copy submittal, lettering shall be at least eight one-hundredths (0.08) inch high, in uppercase letters with line weight and lettering style suitable for reduction and microfilming. The perimeter of the final plat shall be depicted with heavier lines (dashed) than the remaining portion of the plat.2.    For the digital file, the text shall be configured as follows:a.    The size and the orientation of lot numbers shall be such that the entire text string is within the parcel boundary.b.    The street name shall be in capital letters.D.    Location.    All data necessary for the location in the field of all points within the plat shall be shown. Straight lines shall be designated with bearing and distance; curves shall be designated by arc length, central angle, and radius. All dimensions shall be in feet or meters, and decimals thereof to the nearest one-hundredth (0.01) of a foot, or five-thousandths (0.005) of a meter; except that angles shall be in degrees to the nearest second.

A.    Application Form.    An application form shall be provided by the department, and shall contain the following information:1.    Plat name;2.    Name, mailing address and telephone number of owner and/or developer, and surveyor of the plat;3.    Location;4.    Date;5.    Acreage;6.    Number of lots;7.    Zoning designation; and8.    Comprehensive plan designation.(Amended: Ord. 2018-01-09)B.    Submittal Requirements.    All of the materials listed below must be submitted for a fully complete application, unless otherwise authorized by the responsible official:1.    Completed application form;2.    Application fee pursuant to Title 6;3.    Proposed final plat:a.    Proposed Final Plat – Map Data. The final plat shall be prepared in compliance with the drafting standards in Section 40.540.060 and shall include the following:(1)    Subdivision name;(2)    Legend;(3)    Location, including one-quarter (1/4) section, section, township, range, and, as applicable, donation land claim and/or subdivision;(4)    Boundary survey;(5)    Lot, block and street right-of-way and centerline dimensions;(6)    Street names;(7)    Scale, including graphic scale, north arrow and basis of bearings;(8)    Identification of areas to be dedicated;(9)    Surveyor’s certificate, stamp, date and signature;(10)    Signature blocks for the following:(a)    County Engineer;(b)    County Auditor;(c)    County Manager;(d)    County Assessor;(e)    Clark County Health Department (if septic or well systems are proposed); and(f)    The responsible official;(11)    Special setbacks (if any);(12)    Private easements (if any);(13)    Utility easements;(14)    Walkways (if any); and(15)    Parcel areas of lots expressed in square footage for developments in the urban area and acreage for developments in the rural area.b.    Mathematical closures.c.    Proposed Final Plat – Copies.(1)    The number of copies (“bluelines”) of the proposed final plat established by the responsible official, and(2)    One (1) reduced copy of the proposed final plat at a scale of one (1) inch equals two hundred (200) feet (1′′ = 200′).4.    Final habitat permit and mitigation plan, if applicable.5.    Construction plan approval letter, sight distance compliance letter or county approved approach permit.a.    Where improvements are required, construction plan approval letters for the design of required improvements pursuant to Section 40.540.080 shall be submitted.b.    For developments that do not require the submittal of construction plans, a Sight Distance Compliance Letter and/or a copy of the associated county approved approach permit shall be submitted. The compliance letter, verifying compliance with Chapter 40.350, shall be stamped, signed and dated by a professional civil engineer registered in the state of Washington.6.    Written acceptance of the final public and private improvements or performance guarantee pursuant to Section 40.540.080, if applicable.7.    Legal Documentation. The following signed and notarized original documents shall be provided:a.    Certification for platting from a title company;b.    Dedication of Plat. A plat certificate shall be provided, including dedications, if any (RCW 58.17.165). The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat or short plat showing the dedication thereon; and, the acceptance by the public shall be evidenced by the approval of such plat for filing;c.    A treasurer’s certificate;d.    Legal description of the boundary which has been certified by the land surveyor shall be provided, with seal and signature as being an accurate description of the lands actually surveyed;e.    Conditions, covenants and restrictions, notes, and/or binding agreements as required by this code, SEPA, conditions of preliminary plat approval or other law, including but not limited to the following:(1)    Private road maintenance agreement, if applicable;(2)    Recorded conservation covenant, if applicable; and(3)    Latecomer’s agreement, if applicable;f.    Utility letter(s) from the respective water and sewer service providers verifying the services have been installed, inspected and approved; g.    Other legal documents required pursuant to the preliminary plat decision;h.    Copy of recorded public and private off-site easements and right-of-way dedications for required improvements; andi.    Developer Covenants to Clark County.8.    Supporting Documentation. Additional fees and documentation may be required, including the following:a.    Receipt showing payment of concurrency modeling fees;b.    Verification that fees have been paid for stormwater and roadway improvements, if applicable.c.    Copy of recorded public and private off-site easements and right-of-way dedications for required improvements;d.    Verification of the installation of required landscape. Prior to recording the final plat, the applicant shall provide verification in accordance with Section 40.320.030(B) that the required landscape has been installed in accordance with the approved landscape plan(s); ande.    Other supporting documents required pursuant to the preliminary plat decision.9.    Mylar and Digital File. Upon compliance of the final plat and the construction plans with all preliminary plat conditions and with all applicable, adopted statutes and local ordinances, the responsible official shall request submittal of the final plat Mylar(s) for signature and submittal of a digital file for layers specified in Section 40.540.060 that conforms to all applicable requirements discussed in Section 40.540.060. If the applicant chooses, the county will prepare the digital file based upon the submitted Mylar. The applicant shall provide payment for the preparation of the digital file in accordance with Section 6.110A.020(2)(B)(III). Additionally, the responsible official shall forward the digital file to the Department of Assessment and GIS. (Amended: Ord. 2004-06-11; Ord. 2004-11-04; Ord. 2005-04-12; Ord. 2018-01-09)C.    Final Plat Procedure.1.    Final plat applications are subject to a Type I review pursuant to Section 40.510.010.2.    An applicant requesting final approval of a plat shall submit to the responsible official copies of the materials specified in Section 40.540.070(B).3.    The responsible official shall review each submittal package for counter-completeness before initiating processing. Incomplete submittals will be returned to the applicant. An application shall not be deemed fully complete until all legal requirements and conditions of approval that are required to be fulfilled before final plat have been met.4.    The department shall coordinate the final subdivision review among the appropriate county departments. The applicant shall be responsible for coordination with other agencies.5.    Upon consideration of the approval criteria below, the responsible official shall sign and forward the final plat to the County Manager as provided by RCW 58.17.100.a.    The plat is in proper form for recording as established by the submittal requirements;b.    The final plat map and mathematical closures are in compliance with the survey standards set forth in Section 40.540.100;c.    All required improvements have been completed or the arrangements or contracts have been entered into to guarantee that such required improvements will be completed;d.    The final plat is in conformance with conditions of preliminary plat approval. Final plats for commercial and industrial properties shall be in substantial conformance with the preliminary plat if lot sizes are within the range of lot sizes proposed for the preliminary plat;e.    The final plat complies with the requirements of this chapter and all applicable, adopted statutes and local ordinances.6.    The County Manager, upon consideration of the final subdivision, shall sign the final plat accepting such dedications and easements as may be included thereon. Written notice of the County Manager’s decision shall be provided to the applicant and the applicant’s representative.7.    Recording. Upon approval of the final plat by the County Manager, and after all other statutory requirements have been met, the plat shall be recorded by the County Auditor pursuant to Section 40.540.110. In addition, if copies of conservation covenants pursuant to Section 40.540.070(B)(7)(e) and public and private off-site easements and right-of-way dedications for required improvements pursuant to 40.540.070(B)(7)(h) have not previously been recorded, they shall be recorded concurrently with the plat. (Amended: Ord. 2004-11-04; Ord. 2018-01-09)

A.    Construction Plans.    Where improvements are required, plans for such improvements shall be submitted to the County Engineer, who shall review them for conformance with conditions of preliminary plat approval and other adopted county standards as of the date of preliminary plat approval. Approval shall be given by the County Engineer on the improvement plans. Improvements shall be designed by or under the direct supervision of a licensed engineer where required by statute (Chapters 18.08, 18.43, and 18.96 RCW). The licensed engineer shall certify same by seal and signature. All construction plans shall comply with the provisions of Subtitle 40.3, and in addition to the above certification shall contain the following:1.    Subdivision name;2.    Name, mailing address, and telephone number of engineer preparing the plan; and3.    Date (month and year).(Amended: Ord. 2024-03-01)B.    Construction Prior to Final Plat Approval Bonds.1.    In lieu of the completion of any required public improvements prior to approval of a final plat, the County Engineer may accept a bond, in an amount and with surety and conditions satisfactory to him, or other secure method as the County Engineer may require, providing for and securing to the county the actual construction and installation of such improvements within a period specified by the County Engineer, and specified in the bond or other agreement; and to be enforced by the County Engineer by appropriate legal and equitable remedies.2.    Construction shall not start prior to both the construction plans having been approved by the County Engineer and the final plat survey computations having been approved by the County Engineer; except that rough grading operations may proceed before the plans are approved by the County Engineer under the following conditions:a.    The grading plan is submitted separately, along with an application for the grading permit;b.    The grading plan is in conformance with the approved preliminary plat;c.    The grading plan will not be in substantial conflict with the street profiles and drainage structure plans; andd.    The grading permit is issued.(Amended: Ord. 2024-03-01)

A.    Imprinted Monumentation.    All monuments set in subdivisions and surveyed short subdivisions shall be at least one-half (1/2) inch by twenty-four (24) inch steel bar or rod, or equivalent, with durable cap imprinted with the license number of the land surveyor setting the monument.B.    Centerline Monumentation.    After paving, except as provided in Section 40.540.090(E), monuments shall be driven flush with the finished road surface at the following intersections:1.    Street centerline intersections.2.    Points of intersection of curves if placement falls within the paved area; otherwise, at the beginnings and endings of curves.3.    Intersections of the plat boundaries and street centerlines.C.    Property Line Monumentation.    All front corners, rear corners, and beginnings and endings of curves shall be set with monuments, except as provided in Section 40.540.090(E). In cases where street curbs are concentric and/or parallel with front right-of-way lines, front property line monumentation may be provided by brass screws or concrete nails at the intersections of curb lines and the projections of side property lines. If curb monumentation is used, it shall be noted on the plat, and also that such monumentation is good for projection of line only and not for distance.D.    Post-Monumentation.    All monuments for the exterior boundaries of the subdivision shall be set and referenced on the plat prior to plat recording. Interior monuments need not be set prior to recording if the developer certifies that the interior monuments shall be set within ninety (90) days of final subdivision construction inspection by the County Engineer, and if the developer guarantees such interior monumentation.1.    The developer shall sign the following certification, which shall be recorded with the plat dedication, if post-monumentation of the interior monuments is chosen:DEVELOPER’S CERTIFICATION FOR POST-MONUMENTATION
I,                   , certify that the post-monumentation of the interior monuments of this plat shall be accomplished within ninety (90) days of final acceptance of subdivision construction by the County Engineer for Clark County, Washington.
(Signature)2.    The land surveyor shall clearly note on the face of the plat which corners are to be post-monumented. After performing any post-monumentation, the land surveyor shall certify that the interior monuments have been set in compliance with the final plat, and shall record the following certification with the county auditor:I,                   , certify that I have set the interior monuments for “                  ”, a subdivision plat recorded in Book                   , Page                   , Records of Clark County, and that said monuments are set in compliance with said final plat.
DATED this                    day of      , 20      .
(License number, seal, and signature of surveyor)3.    If the surveyor cannot certify that the monuments are in compliance with the final plat, the discrepancy shall be resolved by filing an amended final plat in accordance with the provisions of Section 40.540.070.E.    Post-Monumentation Bonds.    In lieu of setting interior monuments prior to final plat recording as provided in Section 40.540.090(C), the County Engineer may accept a bond in an amount and with surety and conditions satisfactory to him, or other secure method as the County Engineer may require, providing for and securing to the county the actual setting of the interior monuments as provided in Section 40.540.090(C), and to be enforced by the County Engineer by appropriate legal and equitable remedies.

A.    Standards.    All surveys shall comply with standards set forth by state statutes, drafting standards of this title, and Chapter 332-130 WAC, except that linear closures after azimuth adjustment shall be at least a ratio of one to ten thousand (1:10,000) for WAC 332-130(1)(c)(d)(e). Where conflicts are identified, the most restrictive standard shall prevail.B.    Elevations or Vertical Information.    Where required, any elevations or vertical information shall have an accuracy of third-order specifications as published by the U.S. Department of Commerce in a bulletin entitled “Classification, Standards of Accuracy, and General Specifications of Geodetic Control Surveys,” and benchmarks with the datum used shall be shown on the plat.

A.    Purpose.    The purpose of this chapter is to implement the Survey Recording Act (Chapter 50, Laws of 1973) and to assist in preserving evidence of land surveys by establishing fees for recording a public record as prescribed by the act.B.    Record of Survey.    The record of land surveys shall be a size as prescribed by the County Auditor and filed according to a fee schedule established by the County Surveyor and based on costs incurred.C.    Record of Survey – Copies.    Copies of the record of survey shall be provided on request according to a fee schedule to be established by the County Surveyor, and shall be based on costs incurred.D.    Record of Monument.    The record of monument shall be filed without charge on the standard form prescribed by the Department of Natural Resources, Bureau of Survey and Maps.E.    Record of Monument – Copies.    Copies of the record of monument shall be provided on request according to a fee schedule established by the County Surveyor and based on the incurred costs.F.    Plat Check.    A fee pursuant to Chapter 6.110A will be charged payable at the time of submittal of final plat.G.    Land Survey Office to Be Self-Sustaining.    It is the intent that the county land survey office shall be self-sustaining by survey recording fees and plat checking fees.H.    Deputy Auditor.    The county surveyor shall be sworn in as a deputy auditor and shall report to the director of the Department of Public Works.

A.    Purpose.    The purpose of this section is to provide procedures and criteria for the alteration and vacation of recorded plats and short plats consistent with state law (RCW 58.17.215, 58.17.217). No recorded short plat or subdivision shall be changed in any respect, except as processed and approved through this section unless exempt from this chapter as indicated in Section 40.540.020(B)(4). This process cannot be used to create additional lots, tracts or parcels.(Amended: Ord. 2020-03-01)B.    Process.1.    Pre-Application Review. Pre-application review is required for all plat alteration or vacation applications in accordance to Section 40.510.020(A) except for minor plat alterations submitted under Section 40.540.120(E)(3).2.    Preliminary Approval. Preliminary approval of a plat alteration shall be considered a Type II application pursuant to Section 40.510.020 provided the following:a.    A public hearing shall be required for alteration proposals if a hearing is requested by any person within fifteen (15) days from the date the public comment period began or if the department determines that the public hearing is within the public interest. Where a public hearing is requested or required, the department shall consider the application a Type III process and refer the application to the hearing examiner for consideration. Notices required pursuant to Section 40.510.030(E) shall include language notifying the public of the alterative hearing process provided for by this section; however, the four (4) foot by eight (8) foot notice sign as specified in Section 40.510.030(E)(3)(d) shall not be required.b.    If a public hearing is not requested for a proposed alteration, the responsible official is delegated the authority to review and approve, approve with conditions or deny the application for preliminary approval. The final revised drawing or other alteration, if approved, shall be signed by the legislative body, without a public hearing.c.    All applications for vacation of a recorded plat shall be considered Type III applications and are not eligible for the alternative hearing process.d.    In addition to the notice requirements of Section 40.510.030(E), notice of the proposed alteration or vacation shall include all property owners holding an interest in the entire subdivision to be altered, including all phases.3.    Final Approval. Within seven (7) years of the date of preliminary approval of the vacation or alteration, the applicant shall submit for final plat approval through the final plat process of Section 40.540.070. If the nature of the plat alteration is minor, the review authority may set appropriate conditions and processes for final review and recording of the alteration at the time of preliminary approval.(Amended: Ord. 2007-11-13; Ord. 2016-09-04; Ord. 2020-03-01)C.    Pre-Application Submittal Requirements for a Plat Alteration or Plat Vacation.    An applicant for a pre-application review of a proposed plat alteration or plat vacation shall submit an original and the number of individually bound copies as established by the responsible official of the following materials:1.    A completed original application form provided by the responsible official and signed by the applicant;2.    The requisite fees as specified in Title 6;3.    A copy of the recorded plat including eleven (11) inch by seventeen (17) inch reductions of any oversized materials;4.    Restrictive covenants (if any);5.    The proposed revised plat map;6.    A narrative describing the nature, purpose, and desired effect of the proposed alteration or vacation; and7.    The following maps (as available from the Community Development Department through the “developer’s GIS packet”):a.    General location map;b.    Elevation contours map;c.    Aerial photography map (most recent year currently available through the Community Development Department);d.    Aerial photography with contours;e.    Current zoning map;f.    Current comprehensive plan map;g.    Map of C-Tran bus routes, park and trials;h.    Water, sewer, and storm systems map;i.    Soil type map;j.    Environmental constraints map; andk.    Quarter section map.(Amended: Ord. 2006-05-01; Ord. 2020-03-01)D.    Application Submittal Requirements for a Plat Alteration or Plat Vacation.    An applicant for a plat alteration or vacation shall submit the number of individually bound copies as established by the responsible official of the following materials:1.    A completed original application form provided by the responsible official signed by the majority of those persons having an ownership interest of lots, tracts, parcels, sites or divisions in the subject plat or portion thereof to be altered. Applications for the vacation of plats shall include signatures of all property owners having an ownership interest;2.    The requisite fees as specified in Title 6;3.    A copy of the recorded plat including eleven (11) inch by seventeen (17) inch reductions of any oversized materials;4.    Current recorded deeds or real estate contracts for each lot to be altered;5.    Restrictive covenants;6.    The proposed revised plat map;7.    A narrative explaining how the proposed alteration or vacation meets or exceeds the applicable approval criteria and standards and any issues raised during the pre-application process;8.    Documentation from any person, utility, company or other entity having a vested interest in any easement proposed to be altered or vacated that they agree to the alteration or vacation;9.    The following maps (as available from the Community Development Department through the “developer’s GIS packet”):a.    General location map;b.    Elevation contours map;c.    Aerial photography map (most recent year currently available through the Community Development Department);d.    Aerial photography with contours;e.    Current zoning map;f.    Current comprehensive plan map;g.    Map of C-Tran bus routes, park and trails;h.    Water, sewer, and storm systems map;i.    Soil type map;j.    Environmental constraints map; andk.    Quarter section map.10.    Pre-application conference summary; and11.    Existing conditions map including all of the following within fifty (50) feet of the proposed alteration:a.    Streets;b.    Location(s) of any existing building(s);c.    Location and width of existing easements for access, drainage, utilities, etc., if not already on the plat;d.    Name, location and width of existing rights-of-way, if not already on the plat;e.    Location and width of existing driveways; andf.    Other items that are relevant to the approval standards for the alteration or vacation.(Amended: Ord. 2006-05-01; Ord. 2020-03-01)E.    Approval Criteria for Plat Alterations and Vacations.1.    The review authority may approve plat alteration requests if the following criteria is met:a.    The plat alteration is within the public interest; andb.    The approval criteria in Section 40.540.040(D), as applicable to the proposed plat alteration, is met; andc.    The approval of the plat alteration will not result in the violation of any requirements of the original approval unless conditions necessitating such requirements have changed since the original plat was recorded.2.    The review authority may approve the vacation of a plat if it is in the public interest.3.    Minor plat alterations may be processed with reduced submittal requirements as determined by the responsible official. The criteria of what constitutes a minor plat alteration are as follows:a.    The alteration consists of correcting a scrivener’s error which is clearly inconsistent with the intent of the preliminary review, and, in the judgment of the responsible official, does not affect the public interest; orb.    The alteration will provide consistency with current code requirements, and, in the judgment of the responsible official, does not affect the public interest.(Amended: Ord. 2020-03-01)F.    Limitations.1.    If the plat or portions of the plat contain restrictive covenants which were filed with the plat and the proposed alteration will result in the violation of a covenant, the application shall contain an agreement signed by all parties to the covenant providing that all parties agree to alter or revoke the covenants specified in the application.2.    Vacations of county roads may be approved through this process only when the road vacation is proposed with the vacation of a subdivision or portions thereof. Vacations of roads may not be made that are prohibited under RCW 36.87.130 and Chapter 12.28.3.    If any land within the alteration contains a dedication to the general use of the persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties.4.    Blanket utility easements existing along the lot lines, but not specifically required as a condition of development approval, may be moved during a boundary line adjustment; provided, there is compliance with RCW 64.04.175 and the easement is not occupied by a utility. If the easement is occupied, the provisions of this section and RCW 64.04.175 shall apply.(Amended: Ord. 2020-03-01)

A.    Purpose. In cases where unusual topographic conditions, nature of existing development, unique or innovative development design or similar factors make strict adherence to the road standards undesirable, or cause undue hardships, or serve no useful purpose, the requirements of these standards may be modified.(Amended: Ord. 2024-03-01)B.    Classification of Modifications. Modification requests shall be classified as either a minor deviation, technical road modification, or major road modification. Acceptance of a request under one (1) category shall not preclude the county from reclassifying the request upon further review.1.    Minor Deviation. The purpose of a minor deviation is to allow minor modifications that occur routinely and that clearly meet the general approval criteria in Section 40.550.010(C).a.    Minor Deviation Classification Guidelines. In order for a modification to be considered a minor deviation, the modification proposal shall meet all the following:(1)    Does not require engineering analysis to demonstrate compliance with the approval criteria except as required by Section 40.550.010(B)(1)(c); and(2)    Does not involve safety or off-site impacts; and(3)    Involves minimal review to approve and document;(4)    Does not involve the public interest; and(5)    Is similar to other approved modifications that have shown to have no adverse impacts.b.    Examples of Minor Deviations. Examples of minor deviations that may be approved include, but are not limited to:(1)    Reduced cross-sectional requirements, in order to match existing roadway and curb line when there is no expectation to ever change the existing cross-section to the current standard.(2)    Alternative pavement design, roadway cross-section, roadway geometry or construction material changes for local access roads.(3)    Minor access spacing changes when no alternative is feasible.(4)    Access to a higher classification roadway when no feasible alternative exists.(5)    A minor increase to the length of a cul-de-sac.(6)    A minor increase to the number of lots accessed from a cul-de-sac.(7)    A minor increase to the maximum number of lots or dwelling units without a secondary access road.(8)    Minor deviations may be approved for residential developments which generate no more than twenty (20) new ADT, when the cost of the required improvements per average daily trip generated by the development is shown to be disproportional to the requirements imposed by the county for other approved projects.(9)    For frontage improvements along roads abutting small residential developments, if the street block face (including the subject parcel) has no frontage improvements or is unlikely to subdivide, the subject development may not be required to provide full frontage improvements. For purposes of exempting frontage improvements, the predominant condition of the street block face shall be defined by considering the existing frontage condition for all parcels fronting the half-street. If less than fifty percent (50%) of the street block face (including the subject parcel) have frontage improvements and are unlikely to subdivide, the subject development shall not be required to provide full frontage improvements. Where fifty percent (50%) or more have full street frontage improvements, or are likely to subdivide, half-street frontage improvements shall be required. For the purpose of this code section, small residential developments are defined as developments consisting of four (4) lots or less.(10)    Alternate hammerhead turnaround designs on private driveways and roadways.c.    Improvements to roads that abut a development site shall not be required if the development cannot access the road due to topographic or other constraints and the development results in no additional traffic on these roads. A traffic study including trip distribution analysis may be required.d.    Minor deviations to sidewalk requirements may be granted if found to be consistent with the requirement to provide safe walking conditions to schools as required by RCW 58.17.110.2.    Technical Road Modifications. Technical road modifications may be approved for minor changes to standards that include, but are not limited to, access, safety, road cross-sections, or construction materials. Due to an increased potential for on-site or off-site impacts, these modifications require a greater level of review, discretion and documentation than minor deviations.a.    Technical Road Modification Classification Guidelines. In order for a modification to be considered a technical road modification, the proposal shall meet one (1) or more of the following as applicable:(1)    Limited engineering analysis by the applicant is sufficient to demonstrate the proposal meets the approval criteria in Section 40.550.010(C);(2)    Potential safety impacts are expected to be minimal;(3)    County review and approval requires moderate analysis, discretion, and documentation, and requires multiple review staff;(4)    The proposed modification is expected to generate minimal public interest; and(5)    The proposed modification requires an analysis of rough proportionality and nexus issues.b.    Examples of Technical Road Modifications. Examples of technical road modifications that may be approved include, but are not limited to:(1)    Any modification request, including those affecting cross-circulation requirements, which is based on a nexus, rough proportionality, hardship, or constructability claim.(2)    Alternative pavement design, roadway cross-section, roadway geometry or construction material changes for collector and higher classification of roadways.(3)    Reduced right-of-way dedication requirements.(4)    Removal of on-street parking.(5)    Design speed reductions.(6)    Sight distance reductions.(7)    Add, eliminate, or modify medians, access locations or roadway channelization when no off-site impacts result.(8)    Design or construction material changes that could have future cost impacts to the county.(9)    Design changes to roadway grade standards.(10)    Retaining walls located within the right-of-way.(11)    Low impact development designs and cross-sections.(12)    Alternate hammerhead turnaround designs on public roadways.3.    Major Road Modifications. Major road modifications are those that have the potential for significant impacts to the public or the county. These tend to be unique cases, requiring extensive analysis and documentation.a.    Major Road Modification Classification Guidelines. When one (1) or more of the following apply, the modification will qualify as a major road modification:(1)    The proposed modification requires an extensive analysis of public impacts, rough proportionality and nexus issues;(2)    Extensive engineering analysis by the applicant is required to demonstrate the proposal meets the general approval criteria;(3)    The potential exists for material impacts to public safety;(4)    The potential exists for shifting improvement obligations on to future developers or the county;(5)    The proposal may have material impacts to future development patterns;(6)    The proposal requires significant county review and documentation;(7)    The proposed modification can be expected to generate considerable public interest; and(8)    Approval of the proposal may have public policy implications.b.    Examples of Major Road Modifications. Examples of major road modifications that may be approved include, but are not limited to:(1)    Addition or elimination of medians when potential impacts to local development may occur.(2)    Cross circulation changes when the obligation may be passed on to other properties.(3)    Design changes concerning traffic or pedestrian safety.(4)    Access changes with potential material impacts to other parties.(Amended: Ord. 2011-08-08; Ord. 2012-07-03; Ord. 2014-01-08; Ord. 2024-03-01)C.    Approval Criteria.1.    In reviewing a modification request, the county shall consider the applicable factors that include, but are not limited to, the following:a.    Public safety, durability, cost of maintenance, function, and appearance;b.    Advancing the goals of the comprehensive plan as a whole;c.    Any modification shall be the minimum necessary to alleviate the hardship or disproportional impact;d.    Potential benefits of low impact development or innovative concepts;e.    Self-imposed hardships shall not be used as a reason to grant a modification request.2.    Modifications to the standards contained in Chapter 40.350 may be granted when the applicant demonstrates at least one (1) of the following:a.    Topography, right-of-way, existing construction or physical conditions, or other geographic conditions make compliance with standards clearly impractical for the circumstances;b.    A minor change to a specification or standard is required to address a specific design or construction problem which, if not enacted, will result in an unusual hardship;c.    An alternative design is proposed which will provide a plan that is functionally equivalent or superior to the standards;d.    Application of the standards of Chapter 40.350 to the development would be grossly disproportional to the impacts created;e.    A change to a specification or standard is required to ensure consistency with existing features adjacent to or affected by the site where those existing features are not expected to change over time.3.    In addition to Sections 40.550.010(C)(1) and (2) above, in considering a road modification request, the county recognizes that in order to address issues associated with rapid growth, the legislature enacted the Growth Management Act. The Act requires urban growth areas to be sized to accommodate growth and prevent urban sprawl by focusing development in underdeveloped portions of an urban area. Consistent with that legislation, the county will require that in the absence of geographic or development constraints, sufficient right-of-way shall be dedicated, and frontage improvements and cross circulation roads shall be constructed in urban growth areas in Clark County such that frontage and cross circulation roads will be substantially completed within the twenty (20) year period provided in RCW 36.70A.110.D.    Procedures.1.    All classifications of road modifications require an application that includes technical information to support the modification request.2.    Modifications Requested with an Associated Preliminary Land Use Application.a.    Minor deviations are reviewed and approved through the transportation review findings of the underlying land use application and do not require a separate application.b.    Technical and major road modification requests shall be proposed under a separate application in conjunction with an application for the underlying development proposal in accordance with Chapter 40.500.3.    Modifications Requested after the Preliminary Land Use Decision.a.    Minor deviations may be approved during the engineering construction plan review process without a separate application.b.    Technical or major road modifications requested after the preliminary land use decision shall be submitted with an application for post-decision review under Section 40.520.060 if the responsible official finds that the proposed modification has the potential to affect land use aspects of the original decision or has the potential for off-site impacts. If no post-decision review is required under Section 40.520.060, the modification shall be processed as a separate road modification application with the applicable fee listed in Title 6.4.    Modifications Requested That Are Not Associated with Land Use Applications or Decisions. A stand-alone road modification may be requested as a separate road modification request at any time.(Amended: Ord. 2011-01-01; Ord. 2012-07-03; Ord. 2023-01-08)

A.    Type I and II (Administrative) Variances.1.    The responsible official may grant a variance to numerical standards including but not limited to: setbacks, buffers, building height, landscaping, width, lot area, lot coverage, lot dimensions and parking standards but not including qualifying standards for programs such as density transfer as provided in this title. Variances for lot area will occur only on parcels within urban growth boundaries.2.    An application for a variance(s) shall be subject to Type I review if the variance(s) is for up to and including ten percent (10%) of the numerical standard(s) in question, except as provided in Section 40.550.020(A)(5). A variance for lot area by ten percent (10%) or less for one (1) lot shall be automatically granted, and no application shall be required.3.    An application for a variance(s) shall be subject to Type II review if the variance(s) is for:a.    More than ten percent (10%) up to and including twenty-five percent (25%) of the numerical standard(s) in question for any lot/proposed lot, except as provided in Section 40.550.020(A)(5); orb.    Up to ten percent (10%) on more than one lot.    The responsible official may not approve an administrative variance of more than twenty-five percent (25%) of any numerical standard.4.    The responsible official shall approve an administrative variance(s) if, based on substantial evidence in the record, the applicant has sustained the burden of proving the variance(s) complies with all of the following:a.    Granting the variance(s) will not substantially detract from the livability or appearance of a residential area or from the desired character of a nonresidential area, or the variance(s) will substantially enhance the livability or appearance of a residential area or the desired character of a nonresidential area, such as by preserving or protecting significant natural, scenic, historic, cultural, open space or energy resources; andb.    If variances to more than one (1) regulation are being requested, the cumulative effect of the variances shall be consistent with the purpose of the zone in which the site is situated; andc.    Adverse impacts resulting from the variance(s) are mitigated to the extent practical; andd.    The variance(s) does not substantially impair or impede the availability or safety of access that would otherwise exist for vehicles or for pedestrians, or alternative access is provided.5.    Relationship of Administrative Variance to Associated Applications.a.    If an application for an administrative variance is associated with another application(s) subject to this title, or if it is reasonably likely and foreseeable that it will be associated with another application(s) subject to this title, then the application for the administrative variance shall be combined with the associated application(s) for processing and shall be subject to the same procedure type as the highest number procedure type application(s) with which it is combined.b.    If an administrative variance is approved, and, subsequently, an application(s) subject to an equal or higher number procedure type is filed, the decision approving the administrative variance may be altered for good cause by the decision on the merits of subsequent application(s).c.    If an administrative variance is proposed as a post-decision action, then it shall be subject to the procedure type required in Section 40.520.060.(Amended: Ord. 2006-05-01; Ord. 2009-06-01)B.    Type III Variances.1.    Approval Standards for a Type III Variance. The review authority may permit and authorize a variance from the requirements of this title only when unusual circumstances cause undue hardship in the application of this title. A variance shall be made only when all of the following conditions and facts exist:a.    Unusual circumstances or conditions apply to the property and/or to the intended use that do not apply generally to other property in the same vicinity or district; andb.    Such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same vicinity or district; andc.    The authorization of such variance will not be materially detrimental to the public welfare or injurious to property in the vicinity or district in which property is located; andd.    That the granting of such variance will not adversely affect the realization of the comprehensive plan.(Amended: Ord. 2009-06-01)C.    Application and Fee.    A request for a variance may be initiated by a property owner or the property owner’s authorized agent by filing an application with the responsible official. The application shall be accompanied by a site plan prepared in accordance with Section 40.510.050, and other drawings or material essential to an understanding of the proposed use and its relationship to the surrounding properties. A fee shall be paid to the county at the time of filing the application in accordance with Chapter 6.110A.

A.    Purpose. The purposes of this section include one (1) or more of the following, as appropriate in the circumstances:1.    Create a procedure for application, review, consideration, and conditioning of certain development projects according to the extent to which they advance the comprehensive plan’s goals and policies.2.    Subject to the provisions of Section 40.550.030(D)(1)(c), provide certainty to a developer that a project may proceed to be developed per the development standards, zoning ordinances, regulations, and other code provisions in effect at the time of the approval.3.    Provide assurance that currently allowed uses for a property may be maintained for a specified period of time in exchange for specific consideration which advances the comprehensive plan’s goals and policies.4.    Provide a consistent process and criteria for review of proposed development agreements.(Added: Ord. 2020-03-08)B.    Applicability.1.    This section applies to development agreements authorized pursuant to RCW 36.70B.170 through 36.70B.210 between Clark County and any person having ownership or control of real property located within Clark County’s jurisdiction.2.    The provisions of this section do not apply to or affect the validity of any contract rezone, concomitant agreement, annexation agreement, or other agreement in existence on or before the effective date of this section, or adopted under separate authority, even though such agreements may also relate to development standards, mitigation and other regulatory requirements.3.    The county is authorized, but not required, to accept, review and approve a proposed development agreement. This process is voluntary on the part of both the applicant and the county. The decision to approve a development agreement is discretionary with the Clark County Council.4.    Neither application nor approval of a development agreement vests a project to development standards, zoning ordinances, regulations, and other code provisions, except as specified in the development agreement.5.    Development agreements or amendments thereto shall terminate ten (10) years from the date of recordation, unless otherwise specified, in the terms of the development agreement.6.    Development agreements provide flexibility and creativity to some or all of the development standards set forth in this title, such as permitted uses, residential densities, nonresidential densities, building sizes, payment of impact fees, affordable housing, parks and open space provisions, phasing, review procedures, vesting of applicable standards, and any other appropriate development requirement.(Added: Ord. 2020-03-08)C.    Types of Development Agreements.1.    Project Development Agreement. A project development agreement shall relate to a specific development proposal that is or would be subject to a Type II or III process defined in Chapter 40.510. The applicant shall submit a detailed site design with the identification of specific uses and activity. The level of detail shall be such that the project can be reviewed to determine the appropriate level of mitigation related to, but not limited to, transportation, stormwater and critical areas.2.    Nonproject Development Agreement. A nonproject development agreement shall address a conceptual development that involves a legislative decision associated with a Type IV process defined in Chapter 40.510.(Added: Ord. 2020-03-08)D.    Development Standards.1.    Project Development Agreement.a.    A development agreement may set forth the development standards, zoning ordinances, regulations, and code provisions that shall apply to and govern the project, for the duration specified in the agreement.b.    In order to encourage innovative land use management and provide flexibility to achieve public benefits, a development agreement adopted pursuant to this section may impose development standards that differ from, but are consistent with, the development standards of the Clark County Code that would otherwise apply to a proposed development. Development standards imposed by the development agreement must be consistent with the comprehensive plan, and adequately address public health, safety, welfare and environmental requirements.c.    Subsequently adopted standards which differ from those in the development agreement shall apply to the subject site only if necessary to address a serious threat to public health and safety or if the development agreement specifies a time period or phase after which certain identified standards may be modified. Building permit applications shall be subject to the building codes in effect when the building permit application is deemed complete.2.    Nonproject Development Agreement. A nonproject development agreement may allow one (1) or more of the following: permitted land use types associated with the zoning, innovative land use types that advance the comprehensive plan’s goals and policies, or existing legally established uses in effect at the time the agreement is approved.(Added: Ord. 2020-03-08)E.    Development Agreement Application.1.    The applicant shall submit a form provided by the county to initiate a development agreement. The application form for proceeding with a development agreement may include a draft development agreement, but must include a narrative that details:a.    The proposed development or Type IV nonproject proposal;b.    The need to deviate from the Clark County Code;c.    The specific consideration that the applicant will provide to the county pursuant to the DA; andd.    How the development agreement would be consistent with state law, development standards, zoning ordinances, regulations and other code provisions and would comply with the Clark County comprehensive plan’s goals and policies.(Added: Ord. 2020-03-08)F.    Contents of a Development Agreement.1.    A project development agreement shall be recordable pursuant to Washington State law and include the following:a.    A site plan depicting boundaries and project elements, such as: location, acreage and range of densities for residential development, if applicable; location and range of types of uses of nonresidential development, if applicable; location and size of critical areas and buffers, if any; perimeter buffers, if any; location and acreage of active and passive recreational areas, if any; and motorized and nonmotorized circulation routes, including route connections to streets and pedestrian and bicycle routes servicing and/or abutting the site;b.    The identification of consideration provided by the developer that furthers the goals and policies of the Clark County twenty (20) year Comprehensive Growth Management Plan in exchange for implementing the agreement;c.    The expected build-out period and, if applicable, the phasing of development;d.    The duration of the agreement, which must comply with Section 40.550.030(B)(5);e.    Provisions for the termination of the development agreement, which must comply with Section 40.550.030(B)(5);f.    If environmental review is required under the State Environmental Policy Act, measures to mitigate significant adverse impacts including, but not limited to, any impacts to public services and facilities;g.    A traffic impact study consistent with the requirements of Section 40.350.020(D);h.    A title report containing proof of ownership;i.    If the applicant is not the owner of the property, a written and notarized statement by the owner authorizing the applicant to submit and negotiate the application on the owner’s behalf, and for the county to process, review, negotiate, and consider the application for approval;j.    Identification of whether the development agreement runs with the land;k.    Provisions acknowledging that at the time a specific development application is submitted, all development regulations in effect at the time of submittal shall be applicable; andl.    Cost recovery provisions and timelines for processing, administering, and monitoring compliance with any required permits and approvals.2.    A nonproject development agreement shall be recordable pursuant to Washington State law and include the following:a.    A map depicting boundaries of the area subject to the development agreement;b.    The identification of consideration provided by the developer that furthers the goals and policies of the Clark County twenty (20) year Comprehensive Growth Management Plan in exchange for implementing the agreement;c.    The listing of use types or specific uses that shall be permitted or prohibited pursuant to the development agreement, and their phasing, if applicable, and build-out periods;d.    The duration of the agreement, which must comply with Section 40.550.030(B)(5);e.    Provisions for the termination of the agreement, which must comply with Section 40.550.030(B)(5);f.    A map depicting the location of specific public amenities, infrastructure improvements or other public benefits that shall be provided through implementation of the agreement;g.    A traffic impact study consistent with the requirements of Section 40.350.020(D);h.    A title report containing proof of ownership;i.    If the applicant is not the owner of the property, a written and notarized statement by the owner authorizing the applicant to submit and negotiate the application on the owner’s behalf, and for the county to process, review, negotiate, and consider the application for approval;j.    Identification of whether the development agreement runs with the land; andk.    Provisions acknowledging that at the time a specific development application is submitted, all development regulations in effect at the time of submittal shall be applicable.(Added: Ord. 2020-03-08)G.    Review Criteria.1.    The County Manager or designee(s) shall negotiate acceptable terms and conditions of the proposed development agreement, subject to initial authorization by the Clark County Council and to final approval of the development agreement by the Clark County Council.2.    A development agreement must conform to the existing Clark County twenty (20) year Comprehensive Growth Management Plan. The agreement must not allow for use types or densities currently not permitted by the existing zoning ordinance or existing legally established uses.3.    A development agreement must advance the goals and policies of the existing Clark County twenty (20) year Comprehensive Growth Management Plan. Examples of compliance with this requirement include, but are not limited to, demonstration of one (1) or more of the following:a.    Promoting vitality of an area designated as a regional, countywide or local center;b.    Preserving resource lands;c.    Promoting community sustainability through complete, compact and connected communities;d.    Dedicating lands for public facilities or services; ande.    Constructing of public improvements.(Added: Ord. 2020-03-08)H.    Procedures.1.    Preliminary Review.a.    Preliminary review is required for all development agreement applications. To initiate preliminary review, an applicant shall submit a completed development agreement application, pursuant to Section 40.550.030(E), to the Permit Center, along with the required preliminary review fee. The required preliminary review fee shall be twenty percent (20%) of the total fee cost established in Section 6.110A.010. The Land Use Division of the Community Development Department shall determine whether the application is fully complete.b.    Within twenty-one (21) calendar days after acceptance of a fully complete development agreement application, the County Manager or designee(s) shall collect a cursory assessment from each of the departments of Community Development, Community Planning, and Public Works.c.    Upon receipt of the cursory assessments, or no later than seven (7) days after receipt of the cursory assessments, the County Manager or designee(s) shall schedule a public meeting with the Council to occur no less than ten (10) days after the deadline for collection of the cursory assessments. The County Manager or designee(s) shall provide all materials contemporaneously with scheduling the public meeting.d.    The preliminary review procedures, required by this section, may be waived by Clark County Council when the county requests a development agreement to be executed.2.    Initial Authorization by the Clark County Council.a.    The Clark County Council shall hold a public meeting in accordance with the rules and procedures adopted by the Council. The County Manager shall present the preliminary departmental assessments and a recommendation whether the county should proceed to negotiate the proposed development agreement.b.    The Clark County Council may direct the County Manager to proceed with negotiating the terms of the draft development agreement, or it may deny the development agreement application.3.    Negotiation and Recommendation.a.    The applicant shall submit all the materials required by Section 40.550.030(F), along with a final review fee, to initiate negotiations. The required final review fee shall be the total fee established in Section 6.110A.010, less the fee paid at preliminary review.b.    The County Manager may appoint a designee to conduct negotiations on behalf of the county and provide a recommendation to the County Manager.c.    The draft development agreement shall be forwarded to each affected department which shall review and comment to the County Manager regarding the policy and financial implication of the proposal.d.    After negotiating the terms of a proposed project development agreement, or an amendment thereto, the County Manager shall forward the proposal with a recommendation to the Clark County Council for its review and potential approval by action in a public hearing.e.    After negotiating the terms of a proposed nonproject development agreement, the County Manager shall forward the proposed development agreement with a recommendation to the Planning Commission. The Planning Commission shall consider the proposed development agreement in a public hearing and shall recommend that the County Council approve or deny the proposal. The County Manager shall forward a proposed amendment of an approved nonproject agreement, with a recommendation, to the Planning Commission for consideration in a public hearing if the proposed amendment includes a request to amend the comprehensive plan. In that case, the Planning Commission shall recommend that the County Council approve or deny the proposed amendment; otherwise, the Planning Commission shall not hear and make a recommendation on the proposed amendment.4.    Final Consideration by Clark County Council.a.    The Clark County Council shall consider a proposed development agreement in a public hearing and the Council shall adopt a resolution authorizing the County Manager to enter into the development agreement or may deny the proposed development agreement.b.    The County Manager will designate in writing the department responsible for administering and monitoring compliance with the approved development agreement.(Added: Ord. 2020-03-08)I.    Effect.1.    A development agreement pursuant to Chapter 36.70B RCW and this section shall bind the parties and their successors, including a city that assumes jurisdiction through incorporation or annexation of the area covering the property subject to the development agreement;2.    Upon approval of a development agreement pursuant to Section 40.550.030(H) and its execution by all the parties to the agreement, the county shall record the agreement with the Clark County Auditor. On the date of recordation, or any later date specified in the agreement, the development agreement will take effect.(Added: Ord. 2020-03-08)J.    Amendment.1.    Any revision to an approved development agreement must be by written amendment, made during the term of the development agreement, duly authorized by the Council pursuant to the procedures set forth in Sections 40.550.030(H)(2) through (4), and signed by the parties.(Added: Ord. 2020-03-08)

A.    Purpose.1.    The purpose of this section is to set forth procedures for adoption or amendment of the comprehensive plan and development regulations pursuant to applicable provisions of the Growth Management Act, Chapter 36.70A RCW (GMA), the Shoreline Master Program (SMP) pursuant to the Shoreline Management Act, Chapter 90.58 RCW (SMA), the State Environmental Policy Act, Chapter 43.21C RCW (SEPA), and the Washington Administrative Code (WAC).2.    Plan amendments will be reviewed in accordance with applicable provisions of the GMA, SEPA, the WAC, the countywide planning policies, the community framework plan, the goals and policies of the comprehensive plan, Clark County Code, the capital facilities plan, and official population growth forecasts.3.    The SMP will be reviewed in accordance with the goals, policies and regulations of the SMP, consistent with the SMA and the state shoreline guidelines in Chapter 173-26 WAC, and with SEPA.(Amended: Ord. 2007-09-13; Ord. 2017-07-04; Ord. 2018-01-01; Ord. 2019-05-07)B.    Applicability.    All amendments to the comprehensive plan are legislative actions subject to a Type IV process (Section 40.510.040). The criteria and requirements of this section apply to all applications or proposals for changes to the comprehensive plan including:1.    Countywide comprehensive plan map changes involving urban growth area (UGA) boundary changes and rural map changes;2.    Comprehensive plan map changes not involving a change to UGA boundaries;3.    Comprehensive plan policy or text changes;4.    Arterial atlas amendments;5.    Changes to other plan documents (such as capital facilities and the shoreline master program); and6.    Amendments that may be reviewed and acted upon outside the annual amendment cycle are subject to the review criteria established in this chapter, and are limited to the following:a.    Resolution of an emergency condition or situation that involves public health, safety or welfare, when adherence to the amendment process set forth in this section would be detrimental to the public health, safety or welfare;b.    The initial adoption of a subarea plan that does not modify the comprehensive plan policies and designations applicable to the subarea, if the cumulative impacts of the proposed plan are addressed by appropriate environmental review under SEPA;c.    The adoption or amendment of a shoreline master program pursuant to Chapter 90.58 RCW;d.    To resolve an appeal of a comprehensive plan adoption or amendment filed with the Growth Management Hearings Board or a court of competent jurisdiction pursuant to RCW 36.70A.300;e.    Siting of major industrial developments and/or master planned locations outside UGA boundaries consistent with the requirements of state statute RCW 36.70A.365;f.    The amendment of the capital facilities element of the comprehensive plan that occurs concurrently with the adoption of the county budget pursuant to RCW 36.70A.130(2)(a)(iv); org.    Technical, nonsubstantive corrections to obvious land use mapping errors which do not involve interpretation or application of the criteria for the various land use designations contained in the comprehensive plan.Subsection (B)(1) of this section may only occur consistent with RCW 36.70A.130. Subsection (2) of this section may be initiated by either the county or a property owner. Subsections (3) to (6) of this section may only be initiated by the county.(Amended: Ord. 2004-09-02; Ord. 2007-09-13; Ord. 2016-09-04; Ord. 2017-07-04; Ord. 2018-01-01; Ord. 2019-05-07)C.    Annual Review Cycle.1.    Proposed annual site-specific comprehensive plan amendments pursuant to RCW 36.70A.130(2) that are submitted for review are subject to a Type IV process pursuant to Section 40.510.040.2.    Applications for plan map amendments are generally processed in conjunction with concurrent rezone requests. Rezone applications considered with a plan map amendment request are reviewed consistent with the plan designation to zone consistency tables in Chapter 1, Land Use, of the comprehensive plan, and according to the procedures and timing specifications for plan map amendment specified in this section. Rezone applications considered with a plan map amendment request must comply with Sections 40.510.040 and 40.560.020.(Amended: Ord. 2007-09-13; Ord. 2017-07-04; Ord. 2018-01-01; Ord. 2019-05-07)D.    Governmental Coordination.1.    The county shall coordinate the annual review process with each city and town.(Amended: Ord. 2007-09-13; Ord. 2017-07-04; Ord. 2018-01-01; Ord. 2019-05-07)E.    Comprehensive Plan Map Changes – General.    All plan map changes must be accomplished through the following:1.    Changes approved by the county as a result of a comprehensive periodic review of the plan to be initiated by Clark County pursuant to RCW 36.70A.130(5)(b);2.    Changes approved by the county in response to county-initiated amendments or property owner site-specific requests, not more than once per year pursuant to RCW 36.70A.130(2)(a);3.    Out-of-cycle amendments, as authorized by RCW 36.70A.130(2), initiated and approved by the county at any time;4.    Applications for map changes and urban growth area boundary amendments must be consistent with the plan designation to zone consistency tables in Chapter 1, Land Use, of the comprehensive plan and accompanied by concurrent rezone applications;5.    A county-initiated proposal for siting major industrial facilities consistent with RCW 36.70A.365, and processed if accompanied by a current property owner-submitted rezone application;6.    The county shall assess the cumulative impacts of all proposed plan map changes prior to Council taking action. Monitoring benchmarks may be used to assess impacts.(Amended: Ord. 2004-09-02; Ord. 2007-09-13; Ord. 2017-07-04; Ord. 2018-01-01; Ord. 2019-05-07)F.    Criteria for All Map Changes.    Map changes may only be approved if all of the following are met:1.    The proponent shall demonstrate that the proposed amendment is consistent with the applicable requirements of the GMA and the WAC, the county comprehensive plan, the county code, and official population growth forecasts; and2.    The proponent shall demonstrate that the designation is in conformance with the appropriate locational criteria identified in the plan; and3.    The map amendment or site is suitable for the proposed designation, and there is a lack of appropriately designated alternative sites within the vicinity; and4.    The plan map amendment either: (a) responds to a substantial change in conditions applicable to the area within which the subject property lies; (b) better implements applicable comprehensive plan policies than the current map designation; or (c) corrects an obvious mapping error; and5.    Where applicable, the proponent shall demonstrate that the full range of urban public facilities and services can be adequately provided in an efficient and timely manner to serve the proposed designation. Such services may include water, sewage, storm drainage, transportation, fire protection, and schools. Adequacy of services applies only to the specific change site.(Amended: Ord. 2007-09-13; Ord. 2017-07-04; Ord. 2018-01-01; Ord. 2019-05-07)G.    Additional Criteria for Rural Map Changes.1.    Natural Resource Land Designation.    The proponent of an amendment to the plan map for changing a natural resource land designation to a smaller lot size natural resource land designation shall demonstrate that all of the following criteria have been met:a.    The amendment complies with applicable provisions of GMA and the WAC;b.    The requested change does not impact the character of the area to the extent that further plan map amendments will be warranted in future annual reviews; andc.    The amendment meets the locational criteria for the requested designation.2.    Rural Centers.a.    The county shall consider and evaluate the expansion of, or change of land use within, a rural center through the annual review process under this chapter.b.    The county shall consider and evaluate the creation of a rural center through the docket process under this chapter.c.    Before the county considers establishing a new rural center, the proponent(s) shall submit to the county a petition signed by at least sixty percent (60%) of the property owners of the land within the boundaries of the proposed new rural center.d.    The proponent of an amendment to create or expand a rural center shall demonstrate that all of the following criteria have been met:(1)    The proposed rural center complies with the provisions of RCW 36.70A.070(5)(d); and(2)    The requested change does not impact the character of the area to the extent that further plan map amendments will be warranted in future annual reviews; and(3)    The site does not meet the criteria for the existing resource plan designation; and(4)    The amendment meets the locational criteria for the requested designation.3.    The county may consider changes to the urban reserve overlay only during a comprehensive plan periodic review and not on an annual basis.(Amended: Ord. 2007-09-13; Ord. 2008-12-15; Ord. 2017-07-04; Ord. 2018-01-01; Ord. 2019-05-07)H.    Additional Criteria for Rural Major Industrial Map Changes.    This section governs designations outside of UGAs for major industrial developments under RCW 36.70A.365.1.    Application. The county shall process an application for a rural industrial development designation pursuant to RCW 36.70A.365 as a Type IV legislative action pursuant to Section 40.510.040 and this chapter.2.    Rural industrial designations require a minimum of one hundred (100) acres, and are designated as follows:a.    Comprehensive Plan.(1)    Major industrial developments (light industrial).b.    Zoning.(1)    Major industrial developments (IL).3.    Process. Prior to formally proposing a designation under this section, the county shall:a.    Undertake an inventory of available urban industrial land;b.    Consult with affected city(ies) regarding a proposed designation;c.    Make a preliminary assessment that the applicable statutory criteria are met and that the proposed location is superior to other potential rural sites;d.    Negotiate an appropriate or statutorily required interlocal agreement with affected city(ies); ande.    Complete a master plan for the development site as required pursuant to Section 40.520.075.4.    Approval Criteria.a.    In addition to the other applicable designation criteria under this chapter, major industrial developments may only be approved upon a finding that the requirement and criteria of RCW 36.70A.365, respectively, are met.b.    Development Agreement. No designation under this section may be approved unless accompanied by a development agreement pursuant to RCW 36.70B.170 and Section 40.350.020 which at a minimum assures compliance with statutory requirements and criteria.5.    Adjacent Nonurban Areas. A designation under this section does not permit urban growth in adjacent nonurban areas.(Amended: Ord. 2004-09-02; Ord. 2007-09-13; Ord. 2008-12-15; Ord. 2012-12-14; Ord. 2014-12-16; Ord. 2017-07-04; Ord. 2018-01-01; Ord. 2019-05-07; Ord. 2019-11-16)I.    Additional Required Criteria Specific to Urban Holding Map Changes.1.    Plan map and rezone amendments proposing to remove the urban holding designation must be processed through a Type IV process initiated by the county and be consistent with the procedures and criteria identified in Chapter 14 of the comprehensive plan, Procedural Guidelines.2.    All development agreements are subject to Chapter 40.350.(Amended: Ord. 2019-05-07)J.    Additional Required Criteria Specific to Urban Growth Area (UGA) Boundary Map Changes.1.    The county shall adopt countywide growth targets, and regional suballocations, and shall map corresponding UGA boundaries and designations as follows:a.    Adopt countywide twenty (20) year target population and employment levels consistent with official State of Washington Office of Financial Management (OFM) population growth forecasts ranges; andb.    Officially suballocate the adopted countywide population and employment targets to urban growth areas associated with each incorporated municipality in the county, and to the remaining rural area; andc.    Adopt urban growth area boundaries and comprehensive plan land use designations, which are consistent in their sizes and designations, with the official suballocation for each UGA and the rural area.2.    To allow for a comprehensive review and assessment of cumulative impacts, the county shall initiate all UGA boundary review proposals as part of periodic review and update of the plan.3.    To expand the UGA, the county shall demonstrate that necessary urban services can and will be provided within ten (10) years’ time. This demonstration must include a need analysis estimating what urban services will be required, both in the expansion area and elsewhere in the county, and estimates as to when such services will be needed. Service providers shall submit written documentation indicating when, how, at what cost, and from which funding sources service will be provided.4.    A UGA boundary expansion must provide a twenty (20) year supply of vacant and buildable lands within the UGA. The calculation of supply must be based on population growth projections within the UGA, where such projections are consistent with adopted countywide growth targets and regional suballocations. If necessary, the county may adjust countywide growth targets and regional suballocations; provided, that they are consistent with official OFM forecasts.5.    In evaluating potential changes to a particular UGA boundary, the county shall consider countywide implications for other UGAs and their suballocations.6.    The amendment does not include lands that are designated as natural resource (agricultural, forest, mineral resource) unless such lands are de-designated pursuant to Chapter 36.70A RCW and Chapter 365-190 WAC.7.    The county shall exercise its best efforts to coordinate UGA boundary change proposals with the affected city(ies), including the preparation of joint staff recommendations, where possible. Unless waived by the affected city(ies), the county shall give those city(ies) at least sixty (60) days’ notice of the proposal prior to a county hearing thereon.8.    Except as provided for in RCW 36.70A.110(8), the county may not expand a UGA into the one hundred (100) year floodplain of a river segment when the river has a mean annual flow of one thousand (1,000) or more cubic feet per second.9.    Sections 40.560.010 (J)(1) through (J)(8) do not apply to:a.    Correction of obvious mapping errors involving a small area or few properties;b.    An order from a court of competent jurisdiction or as a result of a Growth Management Hearings Board remand.(Amended: Ord. 2006-09-13; Ord. 2007-09-13; Ord. 2008-12-15; Ord. 2016-06-12; Ord. 2018-01-01; Ord. 2019-05-07)K.    Comprehensive Plan Policy or Text Changes.1.    Action and Required Timing. Plan policy or text changes must be accomplished as actions initiated and approved by the county. These changes may occur as part of the periodic review update to occur consistent with RCW 36.70A.130, or as part of annual changes to the plan once per calendar year, or, subject to applicable provisions of this chapter, as part of interim or emergency amendments, which may be brought forward at any time.2.    Required Criteria. The county may approve a plan text or policy change only when the amendment complies and is consistent with all the applicable requirements of the GMA and WAC, and the comprehensive plan, including without limitation countywide planning policies, the community framework plan, and the capital facilities plan.(Amended: Ord. 2007-09-13; Ord. 2008-12-15; Ord. 2018-01-01; Ord. 2019-05-07)L.    Arterial Atlas Amendments.1.    Action Required. The county shall initiate and may approve all arterial atlas amendments. These changes may occur as part of the periodic review update to occur consistent with RCW 36.70A.130, or as part of annual changes to the plan once per calendar year, or as part of emergency amendments which may be brought forward at any time, subject to applicable provisions of this chapter.2.    Required Criteria. Arterial atlas amendments may be approved only when all of the following are met:a.    There is a need for the proposed change;b.    The proposed change complies with the GMA;c.    The proposed change is consistent with the adopted comprehensive plan, including the land use plan and the rest of the arterial atlas;d.    The proposed change is consistent with applicable interlocal agreements; ande.    The proposed change does not conflict with the adopted Metropolitan Transportation Plan.(Amended: Ord. 2007-09-13; Ord. 2008-12-15; Ord. 2018-01-01; Ord. 2019-05-07)M.    Other Plan Amendment Categories.The county shall review:1.    Capital facilities plan and updates at a minimum every four (4) years in Type IV public hearings for those facilities subject to county jurisdiction. In updating capital facilities plans, policies, and procedures, the county must determine that these updates are consistent with applicable provisions of the GMA and WAC, and policies and implementation measures of the comprehensive plan, and in conformance with the purposes and intent of the applicable interjurisdictional agreements.2.    School capital facility plans and updates at least every four (4) years in Type IV public hearings for those facilities subject to county jurisdiction.3.    The Clark County Parks, Recreation, and Open Space Plan at least every four (4) years.4.    Changes to the SMP may occur only once a year, following the plan map procedures schedule in Section 40.560.040. Any amendments thereto are limited amendments consistent with WAC 173-26-201(1)(c), and must be processed as Type IV applications pursuant to Section 40.510.040.5.    The six (6) year Transportation Improvement Plan annually per RCW 36.81.121 and WAC 136-15-050.(Amended: Ord. 2007-09-13; Ord. 2008-12-15; Ord. 2010-12-12; Ord. 2016-06-12; Ord. 2016-09-04; Ord. 2018-01-01; Ord. 2019-05-07)N.    Siting of State and Regional Public Facilities of a Countywide or Statewide Nature.    The county shall consider plan amendments to implement the policies of the comprehensive plan regarding proposals for siting essential public facilities such as airports, state educational facilities, and other institutions necessary to support community development, as follows:1.    Government facilities may be established as provided in other land use districts through the procedures specified in the applicable district without plan amendment.2.    Application for siting of public facilities may be approved if criteria, as noted herein, are met. In cooperation with other jurisdictions, the county shall ensure the following:a.    Siting of regional facilities is consistent with all elements of the adopted county comprehensive plan, local city plan and other supporting documents;b.    The proposed project complies with all applicable provisions of the comprehensive plan, including countywide planning policies;c.    The proposal for siting of a public facility contains interjurisdictional analysis and financial analysis to determine financial impact, and applicable intergovernmental agreement;d.    Needed infrastructure is provided;e.    Provision is made to mitigate adverse impacts on adjacent land uses;f.    The plan for the public facilities development is consistent with the county’s development regulations established for protection of critical areas; andg.    Development agreements or regulations are established to ensure that urban growth will not occur if located adjacent to nonurban areas.(Amended: Ord. 2007-09-13; Ord. 2008-12-15; Ord. 2018-01-01; Ord. 2019-05-07) O.    Additional Criteria for Surface Mining Overlay Changes.1.    The county may designate additional areas with the surface mining overlay only if:a.    The designation criteria in the comprehensive plan have been met;b.    The quantity and characteristics of the resource, including the size of the deposit, the depth of overburden, the distance to market, the cost of transport, and resource availability in the region, suggest that mining is economically viable; andc.    At least sixty percent (60%) of the area within one thousand (1,000) feet of the proposed mineral resource land is characterized by parcels of five (5) acres or larger.2.    The county may remove the surface mining overlay only if at least one (1) of the following conditions is met:a.    The mineral resources have been depleted;b.    There is evidence that the mining of the mineral resource is not economically feasible based on the factors listed in Section 40.560.010(O)(1)(b);c.    Environmental or access constraints make it impractical to mine the resource; ord.    The area has been brought into an urban growth boundary or adjacent land uses or developments are incompatible with mineral extraction.(Added: Ord. 2014-12-06; Ord. 2018-01-01; Ord. 2019-05-07)P.    Cumulative Impact.    In reviewing all prospective comprehensive plan changes, the county shall analyze and assess the following to the extent possible:1.    The cumulative impacts of all plan map changes on the overall adopted plan, plan map, and relevant implementing measures, and adopted environmental policies;2.    The cumulative land use environmental impacts of all applications on the applicable local geographic area and adopted capital facilities plans; and3.    Where adverse impacts are identified, the county may require mitigation. Conditions which assure that identified impacts are adequately mitigated may be proposed and, if determined to be adequate, imposed by the county as a part of the approval action.(Amended: Ord. 2007-09-13; Ord. 2008-12-15; Ord. 2014-12-06; Ord. 2018-01-01; Ord. 2019-05-07)Q.    Fees.    Filing fees for all plan amendments and zone changes are subject to the provisions of Sections 6.110A.010 and 6.110A.015.(Amended: Ord. 2004-09-02; Ord. 2007-09-13; Ord. 2008-12-15; Ord. 2014-12-06; Ord. 2018-01-01; Ord. 2019-05-07)

A.    Procedure, General. The county may amend zoning districts and the Clark County Unified Development Code (Title 40) as follows:1.    A zone change must occur through the Type III process (rezone) where the proposed zoning is consistent with the current comprehensive plan map designation;2.    A comprehensive plan map and zone change must occur through a Type IV process pursuant to Section 40.560.010;3.    A code amendment must occur through a Type IV process that includes Planning Commission review.(Amended: Ord. 2007-09-13; Ord. 2019-05-07; Ord. 2020-03-01)B.    Application. Type III Map Amendments. Type III map amendments must follow the Type III application procedures described in Section 40.510.030.(Amended: Ord. 2007-09-13; Ord. 2019-05-07; Ord. 2020-03-01)C.    Public Hearings.1.    Type III Map Amendments. Type III map amendments must follow the Type III public hearing procedures described in Section 40.510.030.2.    Type IV Text Amendments.a.    Before taking final action on a proposed amendment, the Planning Commission shall hold a public hearing thereon. After receipt of the report on the amendment from the Planning Commission, Council shall hold a public hearing on the amendment. The Planning Commission shall hold public hearings in accordance with the provisions of Section 40.510.040.b.    Resubmittal. In a case where a request for an amendment is denied by Council, the request shall not be eligible for resubmittal for one (1) year from the effective date of denial.(Amended: Ord. 2007-09-13; Ord. 2019-05-07; Ord. 2020-03-01)D.    Record of Amendments.    The responsible official shall maintain on file a signed copy of each amendment to the text of the comprehensive plan and code and to the comprehensive plan and zoning maps.(Amended: Ord. 2007-09-13; Ord. 2019-05-07; Ord. 2020-03-01)E.    Release of Concomitant Rezone Agreements.1.    Upon petition by the property owner, a concomitant rezone covenant may be fully or partially released, or modified, by the County Council following a public hearing with notice as prescribed by Section 40.510.040(E) and in accordance with the criteria set forth in this section.2.    In considering requests for release or modification of concomitant rezone covenants, the review authority shall consider the following:a.    In the case of full covenant release, whether development of the site would be consistent with current zoning regulations and comprehensive plan recommendations; andb.    In the case of either full or partial covenant release or covenant modification, whether adequate public/private services are available to support development of the site; andc.    In the case of either full or partial covenant release or covenant modification, whether the requested action would unreasonably impact development undertaken on nearby properties in reliance upon the covenant commitments; andd.    In the case of partial covenant release or covenant modifications, whether future development under current zoning will be consistent with existing and planned development.(Amended: Ord. 2007-09-13; Ord. 2019-05-07; Ord. 2020-03-01)F.    Approval Criteria.    Zone changes may be approved only when all of the following are met:1.    Requested zone change is consistent with the comprehensive plan map designation.2.    The requested zone change is consistent with the plan policies and locational criteria and the purpose statement of the zoning district.3.    The zone change either:a.    Responds to a substantial change in conditions applicable to the area within which the subject property lies;b.    Better implements applicable comprehensive plan policies than the current map designation; orc.    Corrects an obvious mapping error.4.    There are adequate public facilities and services to serve the requested zone change.(Amended: Ord. 2008-06-02; Ord. 2019-05-07)

A.    Purpose.1.    This section is enacted pursuant to RCW 36.70A.470.2.    It is the purpose of this section to:a.    Provide a means by which the county will docket identified deficiencies in plans or regulations and ensure their considerations for possible future plan or development regulation amendments; andb.    Promote orderly growth and development by providing for suggested improvements in comprehensive plans and development regulations submitted by interested persons, hearing examiners and staff of other agencies.(Amended: Ord. 2019-05-07)B.    Definitions.    For the purposes of this section, the following definitions apply:(Amended: Ord. 2019-05-07)C.    Method of Review.    The responsible official shall maintain a docket that is kept in a manner to ensure that suggested changes will be considered by the county and will be available for review by the public. The following are the procedures for considering all suggested changes:1.    Suggested plan or development regulation amendments may be submitted in writing to the responsible official.2.    Any plan map changes initiated through this section must be processed in accordance with Section 40.560.010 and relevant county code and plan provisions.3.    Requests for map or text amendments to the comprehensive plan or implementing development regulations received by the county prior to September 1st will be considered in conjunction with the adoption of following year’s work program.4.    The compiled list of suggested changes must be:a.    Available for public review and comment; andb.    Forwarded to affected city and other agencies for comment.5.    Based on the comments and staff evaluation, the responsible official shall at least on an annual basis review the docket and any comments thereon, and shall recommend in the annual work program items to be included for future plan or development regulation amendments.6.    Placement of an item on the docket does not establish the right to have that matter considered beyond what is provided in this section.(Amended: Ord. 2019-05-07)D.    Council Determination.    Council shall review the recommendation of the responsible official at a work session for the following year’s work program and determine which of the proposed amendments and revisions should be:1.    Rejected;2.    Included in the following year’s work program; or3.    Placed on a future work program.(Amended: Ord. 2019-05-07)

A.    Annual Review Timeline and Submittal Requirements.1.    Site-specific plan map amendments (annual reviews) requested by property owners pursuant to RCW 36.70A.130(2) are legislative actions, subject to Type IV process (Section 40.510.040).2.    An applicant proposing a site-specific plan map amendment shall submit the following:a.    Between October 1st and November 30th, a preapplication form containing all of the following information:(1)    The preapplication fee pursuant to Section 6.110A.015;(2)    Application form signed by the owner(s) of record;(3)    Description of request;(4)    GIS packet;(5)    Related or previous permit applications and approvals; and(6)    A statement on how the plan/zone change request is consistent with all of the applicable policies and criteria in the comprehensive plan and this chapter.b.    Between October 15th and December 31st, county staff and the applicant shall complete preapplication meetings.c.    Between January 1st and January 31st, the applicant shall submit an application form containing all of the following, including the information required by Section 40.560.040(D):(1)    The applicable comprehensive plan and rezone application fees;(2)    SEPA checklist and applicable fee;(3)    Copy of deed, real estate contract or earnest money agreement;(4)    A full analysis of how the plan/zone change request is consistent with the applicable policies and criteria in the comprehensive plan and this chapter;(5)    A market analysis is required for amendments to add or remove land with a commercial designation;(6)    A Transportation Analysis. A transportation analysis may be waived by the Public Works Director as provided by Section 40.350.020(D)(8); and(7)    Any additional information the applicant believes is necessary to justify the amendment.d.    The responsible official shall determine if the application is fully complete as required by Section 40.560.040(D). Once the application has been determined to be fully complete, the responsible official shall complete the actions in Section 40.560.040(E).e.    The above process and timeline is intended as a guideline. Actual processing time may depend upon the number of applications and activity level at the time of formal applications.f.    If the applicant has not supplied the required information by March 15th, the responsible official shall inform the property owner and their representative in writing that no further consideration will be given to the request for this annual review cycle.g.    The responsible official shall schedule a public hearing before the Planning Commission subsequent to a fully complete determination.h.    The responsible official shall schedule a public hearing before Council and forward to Council the Planning Commission recommendation.i.    At the conclusion of Council hearings on the annual review cycle, Council will adopt a single ordinance disposing of all annual reviews.3.    Burden of Proof. The proponent bears the burden of proving compliance with the criteria for plan amendments.4.    The county may not accept annual review applications for properties within an urban growth boundary which are in the process of being annexed.B.    Preapplication Review.1.    The purposes of preapplication review are:a.    To acquaint county staff with a sufficient level of detail about the proposed development to enable staff to advise the applicant accordingly;b.    To acquaint the applicant with the applicable requirements of this code and other law. However, the preapplication conference is not intended to provide an exhaustive review of all the potential issues that a given application could raise. The preapplication review does not prevent the county from applying all relevant laws to the application; andc.    To provide an opportunity for other agency staff and the public to be acquainted with the proposed application and applicable law. Although members of the public may attend a preapplication conference, it is not a public hearing, and there is no obligation to receive public testimony or evidence.2.    Preapplication review is required for all applications for annual review.3.    To initiate preapplication review, an applicant shall submit a completed development application form provided by the responsible official for that purpose, the required fee, and all information required by the relevant section(s) of this code. The applicant must provide the required number of copies of all information as determined by the responsible official.4.    Information not provided on the development application form must be provided on attachments to the form. The responsible official may modify requirements for preapplication materials and may conduct a preapplication review with less than all of the required information. However, the applicant’s failure to provide all of the required information may prevent the responsible official from identifying all concerns and issues or providing the most effective preapplication review. Review for completeness will not be conducted by staff at the time of submittal; completeness is the responsibility of the applicant.5.    Within fifteen (15) calendar days after receipt of an application for preapplication review, the responsible official shall provide written notice to the applicant, the applicant’s representative, and to other interested agencies and parties, including the school district and neighborhood association in whose area the property in question is situated. The responsible official shall post notice of the preapplication conference to the Clark County Planning Department web pages. The notice shall state the date, time and location of the preapplication conference, the purposes of preapplication review, and the nature of the conference.6.    The responsible official shall coordinate the involvement of agency staff responsible for planning, roads, drainage, parks, schools, and other subjects, as appropriate, in the preapplication review process. Relevant staff shall attend the preapplication conference or shall take other steps to fulfill the purposes of preapplication review.7.    The responsible official shall schedule a preapplication conference at least five (5) calendar days after the notice is sent out but not more than twenty-eight (28) calendar days after the responsible official accepts the application for preapplication review. The responsible official shall reschedule the conference and give new notice if the applicant or applicant’s representative cannot attend the conference when scheduled.8.    Within seven (7) calendar days after the date of the preapplication conference, the responsible official shall provide a written summary of the preapplication review to the applicant, and other parties who sign a register provided for such purpose at the preapplication conference or who otherwise request it in writing. The summary will be emailed to the applicant and other parties, unless they request that it be mailed. The written summary must do the following to the extent possible given the information provided by the applicant:a.    Summarize the proposed application(s);b.    Identify the relevant approval criteria and development standards in this code or other applicable law and exceptions, adjustments or other variations from applicable criteria or standards that may be necessary;c.    Evaluate information the applicant offered to comply with the relevant criteria and standards, and identify specific additional information that is needed to respond to the relevant criteria and standards or is recommended to respond to other issues;d.    Identify applicable application fees in effect at the time, with a disclaimer that fees may change;e.    Identify information relevant to the application that may be in the possession of the county or other agencies of which the county is aware, such as:(1)    Comprehensive plan map designation and zoning on and in the vicinity of the property subject to the application;(2)    Physical development limitations, such as steep or unstable slopes, wetlands, wellhead protection areas, water bodies, or special flood hazard areas, that exist on and in the vicinity of the property subject to the application;(3)    Other applications that have been approved or are being considered for land in the vicinity of the property subject to the proposed application that may affect or be affected by the proposed application.C.    Review for Counter Complete Status.1.    Before accepting an application for review for fully complete status, and unless otherwise expressly provided by this code, the responsible official shall determine the application is counter complete.2.    The responsible official shall decide whether an application is counter complete when the application is accepted, typically “over the counter.”3.    An application is counter complete if the responsible official finds that the application purports and appears to include the information required by Section 40.560.040(D)(1). Staff shall make no effort to evaluate the substantive adequacy of the information in the application in the counter complete review process. The responsible official may waive a requirement to provide certain information upon determining that the information is not necessary.4.    If the responsible official decides the application is counter complete, then the application is accepted for review for fully complete status.5.    If the responsible official decides the application is not counter complete, then the responsible official shall immediately reject and return the application and identify what is needed to make the application counter complete.D.    Review for Fully Complete Status.1.    An application is fully complete if it includes all the required materials specified in the submittal requirements and in the preapplication conference report. In addition to the submittal requirements in the applicable code sections, to be considered fully complete, the application must also include the following:a.    If the property owner is not filing the application, the property owner shall sign a statement authorizing the applicant to file the application on their behalf;b.    A signed statement from the applicant certifying that the application has been made with the consent of the lawful property owner(s) and that all information submitted with the application is complete and correct. False statements, errors, and/or omissions may be sufficient cause for denial of the request. Submittal of the application gives consent to the county to enter the property(ies) subject to the application;c.    The signature of the property owner or the property owner’s authorized representative;d.    A written narrative that addresses the following:(1)    How the application meets or exceeds each of the applicable approval criteria and standards; and(2)    How the issues identified in the preapplication conference have been addressed, and, generally, how services will be provided to the site;e.    A copy of the developer’s GIS packet obtained for the preapplication submittal;f.    A legal description supplied by the Clark County Survey Records Division, a title company, surveyor licensed in the state of Washington, or other party approved by the responsible official, and a current County Assessor map(s) showing the property(ies) subject to the application;g.    A copy of the preapplication conference summary, and information required by the preapplication conference summary;h.    The applicable fee(s) adopted by the County Council for the application(s) in question;i.    An applicable SEPA document, typewritten or in ink and signed.2.    An application must include all of the information listed as application requirements in the relevant sections of this code. The responsible official shall determine the fully complete status of an application, including any required engineering, traffic or other studies, based on the criteria for completeness and methodology set forth in this code. Staff shall evaluate the substantive adequacy of the information in the application.3.    If the responsible official decides an application is fully complete, then the responsible official shall, within fourteen (14) calendar days of making this determination:a.    Send to the applicant a written notice of receipt of a complete application which acknowledges acceptance, lists the name and telephone number of a contact person on county staff, and describes the expected review schedule; andb.    Forward the application to the relevant staff for processing.4.    A fully complete determination does not preclude the county from requesting additional information, studies or changes to submitted information or plans.5.    If the responsible official decides an application is not fully complete, then the responsible official shall, within fourteen (14) calendars days of making this determination:a.    Send the applicant a written statement indicating that the application is incomplete based on a lack of information and listing what is required to make the application fully complete. The statement must specify that the required missing information must be provided within fourteen (14) calendar days of the date of the letter.b.    If the applicant resubmits the application for a second review for fully complete status, the responsible official shall notify the applicant within seven (7) calendar days from the date it was resubmitted, whether it is deemed fully complete or whether it is incomplete. If complete, the responsible official shall forward the application to the relevant staff for processing.c.    If the responsible official decides the application is still incomplete, the responsible official shall send the applicant a written statement indicating that the application is incomplete based on a lack of information and listing what is required to make the application fully complete. The required missing information must be provided within seven (7) calendar days of that written statement.d.    If the applicant resubmits the application for a third review for fully complete status, the responsible official will notify the applicant within seven (7) calendar days from the date it was resubmitted, whether it is deemed fully complete or whether it is incomplete.e.    If the responsible official decides the application is fully complete, the responsible official shall forward the application to the relevant staff for processing. If the responsible official decides the application is not fully complete, the responsible official shall reject and return the application and submitted fees.E.    Once an application has been determined to be fully complete, staff shall include the following in its review:1.    Completion of county SEPA official determination;2.    Circulation and publication of SEPA determinations to the applicant, affected jurisdiction(s), neighborhood associations, and agencies;3.    Preparation of a single staff report and recommendation based on an assessment of impacts of plan change requests, and any other plan changes initiated by the county; and4.    Schedule a public hearing before the Planning Commission.F.    After the Planning Commission hearing, the responsible official shall schedule a public hearing before Council and forward to Council the Planning Commission recommendation.G.    After the public hearing by Council, Council shall adopt a single ordinance disposing of all annual reviews and dockets.(Added: Ord. 2019-05-07)

A.    Authority.    Clark County adopts this chapter under the authority and mandates of the State Environmental Policy Act (SEPA), RCW 43.21C.120 and 43.21C.135, and of the SEPA Rules, WAC 197-11-020.B.    Contents.    The SEPA Rules must be used in conjunction with this chapter, which incorporates provisions of the SEPA Model Ordinance, Chapter 173-806 WAC. This chapter contains the county’s SEPA policies as prescribed by WAC 197-11-902, and SEPA procedures as required by WAC 197-11-904.

A.    Purpose of This Chapter and Adoption by Reference.    This section contains the basic requirements that apply to the SEPA process. The county adopts the following sections of the SEPA Rules by reference, as supplemented by this section:WAC197-11-030    Policy197-11-040    Definitions197-11-050    Lead agency197-11-055    Timing of the SEPA process197-11-060    Content of environmental review197-11-070    Limitations on actions during SEPA process197-11-080    Incomplete or unavailable information197-11-090    Supporting documents197-11-100    Information required of applicants197-11-158    GMA project review – Reliance on existing plans and regulations197-11-164    Planned actions – Definitions and criteria197-11-168    Ordinances or resolutions designating planned actions – Procedures for adoption197-11-172    Planned actions – Project review197-11-910    Designation of responsible official197-11-912    Procedures on consulted agencies197-11-210    SEPA/GMA integration197-11-220    SEPA/GMA definitions197-11-228    Overall SEPA/GMA integration procedures197-11-230    Timing of an integrated GMA/SEPA process197-11-232    SEPA/GMA integration procedures for preliminary planning, environmental analysis, and expanded scoping197-11-235    Documents197-11-238    Monitoring197-11-250    SEPA/Model Toxics Control Act integration197-11-253    SEPA lead agency for MTCA actions197-11-256    Preliminary evaluation197-11-259    Determination of nonsignificance for MTCA remedial actions197-11-262    Determination of significance and EIS for MTCA remedial actions197-11-265    Early scoping for MTCA remedial actions197-11-268    MTCA interim actionsB.    Designation of Responsible Official for the Purposes of SEPA.1.    For public proposals, the head (administrative official) of the lead department or division making the proposal shall be the responsible official. Whenever possible, agency people carrying out SEPA procedures should be different from agency people making the proposal (WAC 197-11-926(2)).2.    For private proposals, the head (administrative official) of the department or division with primary responsibility for approving or processing the permits and licenses for the proposal shall be the responsible official. When multiple officials have permitting authority, the assignment of responsibility shall be reached by agreement.3.    For all proposals for which the county is the lead agency, the responsible official shall evaluate the environmental impacts of the proposal, make the threshold determination, supervise scoping and preparation of any required environmental impact statement (EIS), and perform any other functions assigned to the “lead agency” or “responsible official” by those sections of the SEPA Rules adopted by reference in Section 40.570.020(A), including consulted agency responsibilities under WAC 197-11-912 when the county is not the lead agency.4.    Departments of the county are authorized to make agreements as to lead agency status or shared lead agency duties for a proposal under WAC 197-11-942 and 197-11-944; provided, that the responsible official and any department that will incur responsibilities as the result of such agreement approve the agreement.5.    The county shall retain all documents required by the SEPA Rules (Chapter 197-11 WAC) and make them available in accordance with Chapter 42.17 RCW.C.    Additional SEPA Timing Considerations.1.    The following time limits (expressed in calendar days) shall apply when the county processes licenses for all private projects and those governmental proposals submitted to the county by other agencies requesting the county to perform lead agency functions:a.    The county should complete threshold determinations that can be based solely upon review of the environmental checklist for the proposal within fifteen (15) calendar days of determining that an application is fully complete pursuant to Section 40.510.020(C) for Type II decisions or Section 40.510.030(C) for Type III decisions, but no sooner than the end of the comment period on any notice of application required pursuant to Section 40.510.020(E) for Type II decisions or Section 40.510.030(E) for Type III decisions.b.    When the responsible official requires further information from the applicant or consultation with other agencies with jurisdiction:(1)    The county should request such further information within fifteen (15) calendar days of determining that an application is fully complete;(2)    The county shall wait no longer than thirty (30) days for a consulted agency to respond;(3)    The responsible official should complete the threshold determination within fifteen (15) calendar days of receiving the requested information from the applicant or the consulted agency; provided, that a threshold determination shall not be issued until the expiration of the comment period on the notice of application, and shall be issued at least fifteen (15) calendar days prior to any open record pre-decision hearing required pursuant to Section 40.510.030(C).c.    When the county must initiate further studies, including field investigations, to obtain the information to make the threshold determination, the county should complete the studies within thirty (30) days of determining that the application is fully complete.2.    For nonexempt proposals, the determination of nonsignificance (DNS) or final EIS for the proposal shall be combined with the county’s staff recommendation to any appropriate advisory or decision-making body, such as the planning commission, hearing examiner, or council.3.    If the county’s only action on a proposal is a decision on a building permit or other license that requires detailed project plans and specifications, the applicant may request in writing that the county conduct environmental review prior to submission of the detailed plans and specifications. The point at which environmental review may be initiated for specific permits or other licenses requiring detailed project plans and specifications is upon filing of a fully complete application, including an environmental checklist, and preliminary or conceptual site development plans.(Amended: Ord. 2019-05-07)D.    SEPA/GMA Integration.    The county endorses the amended procedures of WAC 197-11-210 through 197-11-235 regarding the optional integration of SEPA review with actions being considered for adoption under the Growth Management Act and, when used, shall supersede the SEPA process requirements that would otherwise apply.E.    GMA Project Review – Reliance on Existing Plans and Regulations.    The county endorses the amended procedures of WAC 197-11-158 regarding reliance on existing plans, laws, and regulations for environmental review and any supplement provisions adopted pursuant to this part, and shall apply such procedures to the review of project proposal where appropriate.F.    Planned Actions.1.    Procedure and Criteria for Evaluating and Determining Projects as Planned Actions. The responsible official shall determine that the probable significant adverse environmental impacts for the proposed developments have been adequately addressed in the Highway 99 SEIS and that it is consistent with the Highway 99 Sub-Area Plan. 2.    Planned Action Designated. Land uses and activities described in the Highway 99 Final SEIS dated December 2, 2008, and the Highway 99 Sub-Area Plan adopted by Ordinance 2008-12-16 may be designated as planned actions. 3.    Planned Action Review Criteria. The responsible official may designate as a planned action, pursuant to RCW 43.21C.031(2), a proposed project which meets all of the following conditions, as demonstrated by the application for the project: a.    The application proposes that the project be located within the geographical area of the Highway 99 Overlay district;b.    The application proposes uses and activities that are consistent with those described in the Highway 99 Final SEIS; c.    The significant adverse environmental impacts of the proposed project have been identified in the Highway 99 Final SEIS; d.    The significant adverse impacts of the proposed project have been mitigated by application of the measures identified in this title; e.    The application demonstrates compliance with all applicable local, state and/or federal laws and regulations, and the responsible official determines that these constitute adequate mitigation; and f.    The proposal is not for an essential public facility as defined in RCW 36.70.200. 4.    Pre-Application Review. Pre-application review under the provisions of Chapter 40.510 shall be required for all proposed projects that may qualify as planned action projects. 5.    Submittal Requirements. A development application for a project that may qualify as a planned action shall be subject to the submittal requirements for counter-complete status as governed by Chapter 40.510 and shall include:a.    A SEPA checklist or other project review form as specified in WAC 197-11-315 and Section 40.570.040(B) is required and exempt from Table 6.110A.010(X)(I); b.    If an archaeological predetermination is required under Section 40.570.080(C)(3)(k), a letter from the Department of Archeology and Historic Preservation shall be submitted stating that DAHP has reviewed the predetermination and concurs that no further archaeological work is required; andc.    A signed Planned Action Application Form. 6.    Threshold Determination for Planned Actions. No threshold determination need be issued for planned action projects; provided, that a planned action project may be conditioned to mitigate any adverse environmental impacts which are reasonably likely to result from the project action. 7.    When a Project Is Not a Planned Action. Where the responsible official determines that the application proposed does not qualify as a planned action under Section 40.570.020(F), a threshold determination is required. The application shall be reviewed, processed, and subject to appeal under the decision-making procedures otherwise applicable under this chapter, and the application shall be reviewed under the county’s SEPA regulations as governed by this chapter. When reviewed under this chapter, the applicant may use or incorporate relevant elements of the Highway 99 Final SEIS and Highway 99 Sub-Area Plan adopted for the planned action area. 8.    Notice of Decision. Any notice of decision issued under Section 40.570.020(F) shall contain: a.    A statement of findings supporting the conclusions that the application proposal meets the criteria for designation as a planned action, that the project will implement the Highway 99 Sub-Area Plan, and that the application is consistent with the Comprehensive Plan; b.    A statement of the requirements, standards, and mitigation measures conditioned or required pursuant to all applicable local, state, and/or federal laws and regulations; c.    A statement that the probable significant adverse environmental impacts of the application proposal have been adequately addressed and mitigated. 9.    Public Notice Requirements. No public notice is required for a planned action.(Amended: Ord. 2010-07-16; Ord. 2012-07-03)

A.    Purpose of this Section and Adoption by Reference.    This section contains uniform usage and definitions of terms under SEPA. The county adopts the following sections of the SEPA Rules by reference, as supplemented by this section:WAC197-11-700    Definitions197-11-702    Act197-11-704    Action197-11-706    Addendum197-11-708    Adoption197-11-710    Affected tribe197-11-712    Affecting197-11-714    Agency197-11-716    Applicant197-11-718    Built environment197-11-720    Categorical exemption197-11-721    Closed record hearing197-11-722    Consolidated appeal197-11-724    Consulted agency197-11-726    Cost-benefit analysis197-11-728    County/city197-11-730    Decision-maker197-11-732    Department197-11-734    Determination of nonsignificance (DNS)197-11-736    Determination of significance (DS)197-11-738    EIS197-11-740    Environment197-11-742    Environmental checklist197-11-744    Environmental document197-11-746    Environmental review197-11-750    Expanded scoping197-11-752    Impacts197-11-754    Incorporation by reference197-11-756    Lands covered by water197-11-758    Lead agency197-11-760    License197-11-762    Local agency197-11-764    Major action197-11-766    Mitigated DNS197-11-768    Mitigation197-11-770    Natural environment197-11-772    NEPA197-11-774    Non-project197-11-775    Open record hearing197-11-776    Phased review197-11-778    Preparation197-11-780    Private project197-11-782    Probable197-11-784    Proposal197-11-786    Reasonable alternative197-11-788    Responsible official197-11-790    SEPA197-11-792    Scope197-11-793    Scoping197-11-794    Significant197-11-796    State agency197-11-797    Threshold determination197-11-799    Underlying governmental action.B.    Additional Definitions.    In addition to those definitions contained within WAC 197-11-700 through 197-11-799, when used in this chapter, the following terms shall have the following meanings, unless the context indicates otherwise:

A.    Purpose of This Section and Adoption by Reference.    This section contains the rules for deciding whether a proposal has a “probable significant, adverse environmental impact” requiring an environmental impact statement (EIS) to be prepared. This section also contains rules for evaluating the impacts or proposals not requiring an EIS. The county adopts the following sections of the SEPA Rules by reference, as supplemented in this section:WAC197-11-300    Purpose of this part197-11-310    Threshold determination required197-11-315    Environmental checklist197-11-330    Threshold determination process197-11-335    Additional information197-11-340    Determination of nonsignificance (DNS)197-11-350    Mitigated DNS197-11-355    Optional DNS process197-11-360    Determination of significance (DS)/initiation of scoping197-11-390    Effect of threshold determinationB.    Environmental Checklist.1.    A completed environmental checklist (or a copy), substantially in the form provided in WAC 197-11-960, shall be filed at the same time as an application for a permit, license, certificate, or other approval not specifically exempted in this chapter; except, a checklist is not needed if the county and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. The county shall use the environmental checklist to determine the lead agency and, if the county is the lead agency, for determining the responsible official and for making the threshold determination.2.    For private proposals, the county will require the applicant to complete the environmental checklist, providing assistance as necessary. For county proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.3.    The county may require that it, and not the private applicant, will complete all or part of the environmental checklist for a private proposal, if either of the following occurs:a.    The county has technical information on a question or questions that is unavailable to the private applicant; orb.    The applicant has provided inaccurate information on previous proposals or on proposals currently under consideration.C.    Threshold Determinations.    In reviewing an environmental checklist, the responsible official shall apply the threshold determination criteria of WAC 197-11-330 and, if necessary, may initiate the additional information-gathering procedures of WAC 197-11-335. Upon completion of this process, the responsible official shall issue one (1) of the following documents and proceed with requirements of the respective sections and subsections below: determination of nonsignificance (DNS); mitigated DNS; or determination of significance (DS).D.    Determination of Nonsignificance (DNS).1.    If the responsible official determines there will be no probable significant adverse environmental impacts from a proposal, a determination of nonsignificance (DNS) shall be prepared. The DNS shall be combined with the environmental checklist and other supporting documents to accompany the proposal through the normal review process.2.    If the proposal for which any DNS is issued involves another agency with jurisdiction, demolition of any nonexempt structure, issuance of non-exempt clearing or grading permits, or a GMA action, the following requirements apply:a.    The DNS, environmental checklist, and other supporting documents shall be sent for a fourteen (14) calendar day review and comment period to agencies with jurisdiction, the Washington Department of Ecology, affected tribes, and each local agency or political subdivision whose public services would be changed as a result of implementation of the proposal;b.    Public notice shall be given in accordance with Section 40.570.060(C); andc.    The proposal shall not be acted upon for fourteen (14) calendar days after the date of issuance of the DNS.3.    The responsible official shall reconsider the DNS based on comments received, and may retain, modify or withdraw the DNS under WAC 197-11-340(2)(f) and (3)(a). Any modified DNS shall be sent to agencies with jurisdiction, but does not require a new comment period.E.    Optional DNS Process.1.    For all proposals for which the county is the lead agency and determines upon a reasonable basis that adverse environmental impacts are unlikely, the county may use a single integrated comment period to obtain comments on the notice of application and the likely threshold determination for the proposal. When this process is used, a second comment period for the DNS will typically not be required.2.    Where the optional DNS process is used, the county shall:a.    State on the first page of the notice of application that it expects to issue a DNS for the proposal, and that:(1)    The optional DNS process is being used;(2)    This may be the only opportunity to comment on the environmental impacts of the proposal;(3)    The proposal may include mitigation measures under applicable codes, and the project review process may incorporate or require mitigation measures regardless of whether an EIS is prepared; and(4)    A copy of the subsequent threshold determination for the specific proposal may be obtained upon request.b.    List in the notice of application the conditions being considered to mitigate environmental impacts, if a mitigated DNS is expected;c.    Comply with the requirements for a notice of application and public notice in RCW 36.70B.110; andd.    Send the notice of application and environmental checklist to:(1)    Agencies with jurisdiction, the Washington Department of Ecology, affected tribes, and each local agency or political subdivision whose public services would be changed as a result of implementation of the proposal; and(2)    Anyone requesting a copy of the environmental checklist for the specific proposal.3.    If the lead agency indicates on the notice of application that a DNS is likely, an agency with jurisdiction may assume lead agency status during the comment period on the notice of application (WAC 197-11-948).4.    The responsible official shall consider timely comments on the notice of application and either:a.    Issue a DNS or mitigated DNS with no comment period using the procedures in Section 40.570.040(E)(5);b.    Issue a DNS or mitigated DNS with a comment period using the procedures in Section 40.570.040(E)(5), if the lead agency determines a comment period is necessary;c.    Issue a DS; ord.    Require additional information or studies prior to making a threshold determination.5.    If a DNS or mitigated DNS is issued under Section 40.570.040(E)(4)(a), the lead agency shall send a copy of the DNS or mitigated DNS to the Washington Department of Ecology, agencies with jurisdiction, those who commented, and anyone requesting a copy. A copy of the environmental checklist need not be recirculated.F.    Mitigated DNS.1.    As provided in this section and in WAC 197-11-350, the responsible official may issue a DNS based on conditions attached to the proposal by the responsible official or on changes to, or clarification of, the proposal made by the applicant.2.    An applicant may request in writing early notice of whether a DS is likely under WAC 197-11-350. The request must:a.    Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the department is lead agency; andb.    Precede the county’s actual threshold determination for the proposal.3.    The responsible official should respond to the request for early notice within ten (10) working days. The response shall:a.    Be written;b.    State whether the county currently considers issuance of a DS likely and, if so, indicate the general or specific area(s) of concern that is/are leading the county to consider a DS; andc.    State that the applicant may change or clarify the proposal to mitigate the indicated impacts, revising the environmental checklist and/or permit application as necessary to reflect the changes or clarifications.4.    As much as possible, the county should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.5.    When an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the county shall base its threshold determination on the changed or clarified proposal and should make the determination within fifteen (15) days of receiving the changed or clarified proposal:a.    If the county indicated specific mitigation measures in its response to the request for early notice, and the applicant changed or clarified the proposal to include those specific mitigation measures, the county shall issue and circulate a DNS under Section 40.570.040(D)(2) and WAC 197-11-340(2).b.    If the county indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a DNS, the county shall make the threshold determination, issuing a DNS or DS as appropriate.c.    The applicant’s proposed mitigation measures (clarifications, changes or conditions) must be in writing and must be specific. For example, proposals to “control noise” or “prevent stormwater runoff” are inadequate, whereas proposals to “muffle machinery to X decibel” or “construct 200-foot stormwater retention pond at Y location” are adequate.d.    Mitigation measures which justify issuance of a mitigated DNS may be incorporated in the DNS by reference to agency staff reports, studies, or other documents.6.    A mitigated DNS is issued under Section 40.570.040(D)(2) and WAC 197-11-340(2), requiring a fifteen (15) day comment period and public notice.7.    Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit, or enforced in any manner specifically prescribed by the county.8.    If the county’s tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated DNS for the proposal, the county should evaluate the threshold determination to assure consistency with WAC 197-11-340(3)(a) (withdrawal of DNS).9.    The county’s written response under Section 40.570.040(F)(2) shall not be construed as a determination of significance. In addition, preliminary discussion of clarifications or changes to a proposal, as opposed to a written request for early notice, shall not bind the county to consider the clarifications or changes in its threshold determination.G.    Determination of Significance (DS).1.    If the responsible official determines that a proposal may have a probable significant adverse environmental impact, a determination of significance (DS) shall be prepared. The DS document shall also serve as a scoping notice for soliciting comments on the scope of the EIS. If a determination of significance is made concurrently with any notice of application required pursuant to Section 40.510.020(E) for Type II decisions or Section 40.510.030(E) for Type III decisions, the notice of application shall be combined with the DS/scoping notice.2.    The responsible official shall circulate the DS/scoping notice to the applicant, the Washington Department of Ecology, other agencies with jurisdiction and expertise, affected tribes, and the public. Notice shall be given under Section 40.570.060(C). In the event a proposal is changed so as to result in a withdrawn determination of significance, a DNS shall be sent to all who commented on the DS/scoping notice; in such cases, a new public notice and fifteen (15) day comment period shall be provided.

A.    Purpose of This Section and Adoption by Reference.    This section contains the rules for preparing environmental impact statements. The county adopts the following sections of the SEPA Rules by reference, as supplemented by this section:WAC197-11-400    Purpose of EIS197-11-402    General requirements197-11-405    EIS types197-11-406    EIS timing197-11-408    Scoping197-11-410    Expanded scoping (optional)197-11-420    EIS preparation197-11-425    Style and size197-11-430    Format197-11-435    Cover letter or memo197-11-440    EIS contents197-11-442    Contents of EIS on non-project proposals197-11-443    EIS contents when prior non-project EIS197-11-444    Elements of the environment197-11-448    Relationship of EIS to other considerations197-11-450    Cost-benefit analysis197-11-455    Issuance of DEIS197-11-460    Issuance of FEISB.    Scoping.1.    An environmental impact statement (EIS) is required to analyze only those probable adverse environmental impacts that are significant (RCW 43.21C.031). The responsible official shall narrow the scope of every EIS to the probable significant adverse impacts and reasonable alternatives, including mitigation measures.2.    Scoping is required for the preparation of all new draft EIS’s, but is optional at the discretion of the responsible official for the preparation of a supplemental EIS or when adopting another environmental document for the EIS.3.    As a minimum, the county shall invite agency and public comment on the scope of the EIS by circulating the DS/scoping notice in accordance with Section 40.570.040(G)(2). The scoping notice may stipulate that written comments are required, in which case agencies and the public shall be allowed twenty-one (21) days from the date of issuance of the DS in which to respond.C.    Preparation of EIS – Additional Considerations.1.    Preparation of draft and final EIS’s (DEIS and FEIS) and draft and final supplemental EIS’s (SEIS) shall be under the direction of the responsible official. Before the county issues an EIS, the responsible official shall be satisfied that it complies with this chapter and Chapter 197-11 WAC.2.    The DEIS and FEIS or draft and final SEIS may be prepared by county staff, or by a consultant selected by the county or the applicant and approved by the county. For private proposals, the applicant will normally be required to retain a consultant to prepare a preliminary environmental document that county staff may then refine into a draft EIS. If the responsible official requires an EIS for a proposal and determines that someone other than the county will prepare the EIS, the responsible official shall notify the applicant immediately after completion of the threshold determination. The responsible official shall also notify the applicant of the county’s procedure for EIS preparation, including approval of the DEIS and FEIS prior to distribution.3.    The county may require an applicant to provide information the county does not possess, including specific investigations. However, the applicant is not required to supply information that is not required under this chapter or that is being requested from another agency. (This does not apply to information the county may request under another ordinance or statute.)D.    Availability of EIS.1.    A draft EIS shall be distributed in accordance with WAC 197-11-455(1), and public notice that a DEIS is available shall be given under Section 40.570.060(C). Any person or agency may submit written comments on the DEIS within thirty (30) days of the date of issue, or within any extension to that comment period.2.    A final EIS should normally be issued within sixty (60) days of the end of the DEIS comment period, and shall be completed within one (1) year of the issuance of the determination of significance unless the county and applicant have otherwise agreed in writing to a longer period of time. The FEIS shall be sent to the Washington Department of Ecology (two (2) copies), to all agencies with jurisdiction, to all agencies submitting written comments on the DEIS, and to anyone requesting a copy of the FEIS. The responsible official shall also send a notice of FEIS availability and cost to anyone who commented on the DEIS and to those who received but did not comment on the DEIS, and to other parties of record. The county shall not act on a proposal for which an EIS has been required prior to seven (7) days after issuance of the FEIS.

A.    Purpose of This Section and Adoption by Reference.    This section contains the rules for accommodating agency and public awareness of environmental documents and determinations, including procedures for input and response. The county adopts the following sections of the SEPA Rules by reference, as supplemented in this section:WAC197-11-500    Purpose of this part197-11-502    Inviting comment197-11-504    Availability and cost of environmental documents197-11-508    SEPA register197-11-510    Public notice197-11-535    Public hearings and meetings197-11-545    Effect of no comment197-11-550    Specificity of comments197-11-560    FEIS response to comments197-11-570    Consulted agency costs to assist lead agencyB.    Filing of Environmental Documents.1.    The county shall submit the following documents in a timely manner to the Washington Department of Ecology (DOE) for publication in the SEPA Register:a.    All determinations of nonsignificance (DNS’s), except those involving proposals for which there is no other agency with jurisdiction; provided, that DNS’s for clearing or grading permits, demolition permits and GMA actions shall be submitted to DOE regardless of jurisdictional agencies;b.    All mitigated DNS’s;c.    All determinations of significance (DS/scoping notices);d.    All environmental impact statements (EIS’s), including draft (DEIS), final (FEIS), and supplemental (SEIS) documents, and notices of adoption of EIS’s or EIS addenda; ande.    All notices of action published under the optional provisions of RCW 43.21C.080.2.    SEPA documents not listed in Section 40.570.060(B)(1) involve no statutory comment or response period, and are limited to certain EIS addenda (WAC 197-11-625) and DNS documents on proposals for which the county is the only agency with jurisdiction. These documents may, but are not required to, be circulated for agency and public review or comment.C.    Public Notification.1.    A notice of action may be publicized in the manner prescribed by RCW 43.21C.080. Whenever the county issues any other document listed in Section 40.570.060(B)(1), public notice shall be given as follows:a.    If public notice is required for a nonexempt license, the notice may state whether a DNS, DS or EIS has been issued and, if applicable, when comments are due.b.    If no public notice is required or given pursuant to Section 40.570.060(C)(1)(a), the county shall give notice of the DNS, DS or EIS availability by the following methods:(1)    Notifying the applicable neighborhood association in whose area the property in question is situated, based on the list of neighborhood associations kept by the responsible official and known interest groups;(2)    Notifying owners of property within a radius of three hundred (300) feet of the property that is the subject of the application if the subject property is inside the urban growth boundary, or to owners of property within a radius of five hundred (500) feet of the property if the subject property is outside the urban growth boundary;(3)    Publishing notice in agency newsletters and/or sending notice via agency e-mail, provided the agency has consented to e-mail notice, or regular mailing. A sworn certificate of mailing executed by the person who did the mailing shall be the evidence that notice was e-mailed or mailed to agencies referenced in the certificate; and(4)    Posting notice on the county web page.2.    Whenever possible, the county shall integrate the public notice required under this section with existing notice procedures for the county’s nonexempt permit(s) or approval(s) required for the proposal.3.    The county may require an applicant to complete the public notice requirements for the applicant’s proposal at his or her expense.(Amended: Ord. 2007-06-05)D.    Comments and Responses.1.    The county shall use reasonable methods to inform agencies and the public of environmental determinations, document availability, and review or comment opportunities. In particular, the county shall invite written comments on the environmental aspects of any nonexempt proposal to be submitted within the prescribed time limits, which are:a.    Fourteen (14) calendar days from the date of issuance of any DNS under Section 40.570.060(B)(1);b.    Twenty-one (21) days from the date of issuance of any DS/scoping notice under WAC 197-11-408(2)(a); andc.    Thirty (30) days from the date of issuance of any draft EIS, unless an extension is granted under WAC 197-11-455(7).2.    Written comments on environmental documents submitted by any person or agency should be as specific as possible. The county shall consider and may respond to comments as deemed appropriate:a.    Comments on a DNS may be used in reevaluating the threshold determination and in considering mitigation measures, but will normally involve no written response;b.    Comments on a DS will be used in determining the scope of an EIS; andc.    Comments on a draft EIS will be evaluated for response in the FEIS, with primary consideration given to substantive comments.

A.    Purpose of This Section and Adoption by Reference.    This section contains the rules for using and supplementing existing environmental documents prepared under SEPA or the National Environmental Policy Act (NEPA) for the county’s own environmental compliance. The county adopts the following sections of the SEPA Rules by reference, as supplemented in this section:WAC197-11-600    When to use existing environmental documents197-11-610    Use of NEPA documents197-11-620    Supplemental environmental impact statement – Procedures197-11-625    Addenda – Procedures197-11-630    Adoption – Procedures197-11-635    Incorporation by reference – Procedures197-11-640    Combining documentsB.    Methods for Utilizing Existing Documents.    Whenever possible, the county shall reduce paperwork and the accumulation of background data by using existing environmental documents. The responsible official shall determine when the use of existing documents is appropriate, and may employ one (1) or more of the following methods:1.    Preparation of a supplemental EIS under WAC 197-11-620, if there are substantial changes in a proposal or new information which would identify probable significant adverse environmental impacts not covered in the existing environmental documents;2.    Preparation of an addendum that adds to, but does not substantially change, analyses or information in the existing environmental document, in accordance with WAC 197-11-625;3.    Adoption by notice of part or all of an existing environmental document to meet SEPA responsibilities under WAC 197-11-630; and4.    Incorporation by reference of existing studies or material into environmental documents being prepared, as prescribed by WAC 197-11-635.C.    Using NEPA Documents.    The county may use any environmental analysis prepared under NEPA to satisfy requirements of SEPA, subject to the limitations of WAC 197-11-610. In particular, either a NEPA environmental assessment or a NEPA EIS may be adopted as a substitute for preparing a SEPA EIS. A NEPA assessment may also be used in support of a SEPA determination of nonsignificance.

A.    Purpose of This Section and Adoption by Reference.    This section contains the rules and policies for exercising SEPA’s substantive authority, which means to condition or deny proposals based on SEPA. This section also contains procedures for appealing SEPA determinations. The county adopts the following sections of the SEPA Rules by reference, as supplemented in this section:WAC197-11-650    Purpose of this part197-11-655    Implementation197-11-660    Substantive authority and mitigation197-11-680    Appeals(Amended: Ord. 2023-03-01)B.    Substantive Authority.1.    The policies and goals set forth in this chapter are supplementary to those in the existing authorizations of Clark County.2.    Subject to RCW 43.21C.060 and 43.21C.240, the county may attach conditions to a permit or approval for a proposal so long as:a.    Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to this chapter;b.    Such conditions are in writing;c.    The mitigation measures included in such conditions are reasonable and capable of being accomplished;d.    The county has considered whether other local, state or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; ande.    Such conditions are based on one (1) or more policies in Section 40.570.080(C) and cited in the license or other decision document.3.    Subject to RCW 43.21C.060 and 43.21C.240, the county may deny a permit or approval for a proposal on the basis of SEPA so long as:a.    A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in an FEIS or final SEIS prepared pursuant to this chapter;b.    A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; andc.    The denial is based on one (1) or more policies identified in Section 40.570.080(C) and identified in writing in the decision document.(Amended: Ord. 2023-03-01)C.    SEPA Policies.    The county designates the following general policies as the basis for county’s exercise of authority pursuant to this chapter:1.    The county shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs and resources to the end that the county and its citizens may:a.    Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;b.    Assure for all people of Clark County healthful, productive and aesthetically and culturally pleasing surroundings;c.    Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;d.    Preserve important historic, cultural and natural aspects of our national heritage;e.    Maintain, wherever possible, an environment which supports diversity and variety of individual choice;f.    Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life’s amenities; andg.    Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.2.    The county recognizes that each person has a fundamental and inalienable right to a healthy environment, and that each person has a responsibility to contribute to the preservation and enhancement of the environment.3.    The county designates the following policies applicable to the major elements and selected subelements of the environment as defined by WAC 197-11-444, and incorporates by reference the policies in the cited county codes, ordinances, resolutions and plans, and all amendments to them in effect prior to the date of application of any building permit or preliminary plat, or prior to issuance of a DNS or DEIS for any other action:a.    Earth. It is the county’s policy to avoid or minimize adverse impacts from ground-disturbing activities and land use changes within areas of steep or unstable slopes, areas with severe soil limitations, areas most susceptible to earthquake damage, and areas of erosion potential. The following code provisions offer more specific policies:(1)    Chapter 40.386, Stormwater and Erosion Control;(2)    Chapter 40.430, Geologic Hazard Areas Regulations;(3)    Chapter 14.07, Grading, Excavation, Fill, and Stockpile; and(4)    Section 40.250.022, Surface Mining Overlay District.b.    Air. It is the county’s policy to maintain and enhance air quality in the community. The county generally defers to the Southwest Clean Air Agency (SWCAA) on matters of stationary sources of air pollution, while supporting the Regional Transportation Council (RTC) in the reduction of mobile sources of air pollution. It is the county’s policy to require air quality analyses for proposed developments when recommended by SWCAA or RTC. In addition to compliance with the standards and requirements of the following code provisions, it is also the county’s policy to further mitigate the generation of dust and odors from land use activities through the local permitting process:(1)    Section 40.200.010, Purpose;(2)    Section 40.230.085(E)(2) and (3), Employment districts;(3)    Section 40.230.050(D)(5), University district;(4)    Section 40.250.022, Surface Mining Overlay District;(5)    Sections 40.260.040 (Animal Feed Yards, Animal Sales Yards, Animal Boarding Facilities, Animal Day Use Facilities, and Equestrian Facilities) and 40.260.170 (Private Use Landing Strips for Aircraft and Heliports);(6)    Section 40.340.010, Parking, Loading and Circulation;(7)    Section 40.260.200(F)(2)(e) and (f), Solid Waste Handling and Disposal Sites.(Amended: Ord. 2012-12-14)c.    Water. It is the county’s policy to conserve and protect the quality, quantity and functional value of surface waters, wetlands, floodplains, and groundwater by enforcing the following code provisions and resolutions and through the imposition of other reasonable measures, including monitoring and hydrologic studies of surface and groundwaters, to mitigate water-related impacts; provided, that minor new construction including the construction, reconstruction or expansion of single-family residences or accessory residential structures on pre-existing lots containing wetlands shall only be subject to State Environmental Policy Act mitigation measures where clearly necessary to prevent or lessen identified and significant environmental degradation:(1)    Chapter 40.386, Stormwater and Erosion Control;(2)    Chapter 40.445, Wetlands and Fish and Wildlife Habitat Conservation Areas;(3)    Chapter 40.410, Critical Aquifer Recharge Areas;(4)    Chapter 40.420, Flood Hazard Areas;(5)    Section 40.250.022, Surface Mining Overlay District;(6)    Chapter 40.460, Shoreline Overlay District;(7)    Chapter 40.370, Sewer and Water;(8)    Chapter 24.17, On-Site Sewage Systems Rules and Regulations;(9)    Chapter 24.12, Solid Waste Management;(10)    Resolution No. 1991-07-35, coordinated water system plan;(11)    Resolution No. 1994-03-16, groundwater management plan.d.    Plants and Animals. It is the county’s policy to recognize the valuable functions provided by vegetation, and to mitigate impacts resulting from removal or replacement of vegetation. It is also the county’s policy to preserve sensitive wildlife habitat areas and to conserve priority habitat areas, while also providing generally for wildlife habitat and corridors in the development review process where practicable. The county recognizes that some disruption of animal habitat and plant species is unavoidable and inevitable. In addition to implementing the following code provisions, it is further the county’s policy to provide special protection for rare, threatened and endangered plant species, and for habitat of rare, threatened or endangered species of fish and wildlife:(1)    Title 7, Weed Control Code;(2)    Title 8, Animals;(3)    Chapter 40.386, Stormwater and Erosion Control;(4)    Chapter 40.445, Wetlands and Fish and Wildlife Habitat Conservation Areas;(5)    Chapter 15.13, Wildland Urban Interface/Intermix Ordinance;(6)    Section 40.210.010, Forest, Agriculture and Agriculture/Wildlife District, Section 40.210.010(A);(7)    Chapter 40.460, Shoreline Overlay District;(8)    Chapter 40.320, Landscaping and Screening.e.    Energy and Natural Resources. It is the county’s policy to promote energy conservation measures, including the use of solar energy. The county recognizes the importance of electric, natural gas, oil and wood/pellet stoves in meeting energy needs, and supports the efforts of Clark Public Utilities in finding new sources of electric energy, including co-generation facilities and small hydroelectric projects; provided, that impacts associated with the development of these energy sources can be adequately mitigated. The following code provisions offer more specific policies regarding energy conservation:(1)    Chapter 14.05, International Building Code;(2)    Chapter 51-11 WAC, Washington State Energy Code;(3)    Section 40.200.010, Purpose;(4)    Section 40.220.010, Single-Family Residential Districts, Section 40.220.010(C);(5)    Section 40.520.080, Planned Unit Developments, Section 40.520.080(E)(1)(a)(2).f.    Environmental Health. It is the county’s policy to avoid or minimize environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, and release of hazardous material spills and wastes. Specific policies relating to the control of these hazards are contained throughout the following code provisions:(1)    Title 7, Weed Control Code;(2)    Title 8, Animals;(3)    Title 9, Public Peace, Safety and Morals;(4)    Title 10, Vehicles and Traffic;(5)    Title 12, Streets and Roads;(6)    Title 13, Public Works;(7)    Title 14, Buildings and Structures;(8)    Title 15, Fire Prevention;(9)    Title 24, Public Health;(10)    Title 40, Unified Development Code.g.    Noise. It is the county’s policy to minimize noise impacts associated with land use changes, including those related to existing sources of noise. To this end, it is the policy of the county to require that new sources of noise be limited to the maximum environmental noise levels of Chapter 173-60 WAC; even within these regulatory standards, an increase of more than five (5) decibels (dBA) over ambient noise levels at the receiving properties may be considered significant. It is further the county’s policy to encourage that sources of noise otherwise exempt from Chapter 173-60 WAC that may affect existing or proposed residential uses (e.g., traffic, discharge of firearms, utility installations, etc.) be mitigated to the standards thereof as a Class B source of noise (i.e., fifty-seven (57) dBA), and to require noise studies where necessary to assure that proposals address these policies. Additional noise policies are contained within the following code provisions:(1)    Section 8.11.060, Animal nuisances;(2)    Chapter 9.14, Public Disturbance Noises;(3)    Section 40.220.020, Residential Districts and Office Residential Districts, Sections 40.220.020(A)(1)(b) and (A)(2);(4)    Section 40.230.030, Office Campus District, Section 40.230.030(D)(7);(5)    Section 40.230.030, Business Park District, Section 40.230.030(D)(7);(6)    Section 40.230.080, Industrial Districts, Section 40.230.080(D);(7)    Section 40.230.050, University District, Section 40.230.050(C)(5)(a);(8)    Section 40.250.022, Surface Mining Overlay District;(9)    Section 40.520.040, Site Plan Review, Section 40.520.040(E)(2);(10)    Section 40.520.030, Conditional Use Permits, Section 40.520.030(E);(11)    Chapter 40.260, Special Uses and Standards, Sections 40.260.040 and 40.260.170;(12)    Section 40.260.200, Solid Waste Handling and Disposal Sites, Section 40.260.200(F)(2)(f);(13)    Chapter 40.510, Type I, II, III and IV Processes, Sections 40.510.010(C)(3), 40.510.020(D)(5) and 40.510.030(D)(7); and(14)    Chapter 24.12, Solid Waste Management, Section 24.12.270.h.    Land and Shoreline Use. It is the county’s policy to assure that an adequate supply of land exists for residential, commercial, industrial, recreational, natural resource use and open space needs. In addition to requiring compliance with the following code provisions and plan, it is further the policy of the county to assure that all reasonable measures are taken to maintain or promote compatibility among land and shoreline uses:(1)    Title 9, Public Peace, Safety and Morals;(2)    Title 10, Vehicles and Traffic;(3)    Chapter 13.20, Informational Signs;(4)    Chapter 40.445, Wetlands and Fish and Wildlife Habitat Conservation Areas;(5)    Chapter 14.05, International Building Code;(6)    Chapter 14.14A, Dangerous Building Code;(7)    Chapter 14.32A, Mobile Home Permits;(8)    Chapter 40.540, Boundary Line Adjustments and Land Division;(9)    Title 40, Unified Development Code;(10)    Comprehensive plan.i.    Aesthetics. It is the county’s policy to maintain and enhance the aesthetic quality of the community, including preservation of scenic views and vistas, and to avoid or minimize adverse impacts of light and glare or other visual impacts associated with land use changes. Additional policies related to aesthetics and community appearance are contained within the following code provisions and plan:(1)    Chapter 10.10, Truck and Trailer Parking on Residential Streets;(2)    Chapter 13.20, Informational Signs;(3)    Chapter 40.430, Geologic Hazard Areas Regulations;(4)    Title 40, Unified Development Code;(5)    Chapter 24.12, Solid Waste Management;(6)    Comprehensive plan.j.    Recreation. It is the county’s policy that recreational needs be met through acquisition of park sites, open space, trail corridors and impact fees in the development review process, including shoreline public access. It is also the policy of the county to maintain and enhance recreational opportunities in the community, and to encourage private recreational facilities; provided, that impacts associated with these facilities can be adequately mitigated. The following code provisions, resolutions and plan provide additional policies in this regard:(1)    Chapter 9.05, Park Rules;(2)    Chapter 9.12, Restricted Firearms Discharge;(3)    Chapter 9.17, Off-Road Vehicles;(4)    Chapter 14.20, Swimming Pools;(5)    Title 16, Boating;(6)    Section 40.540.050, Reservations – Park Sites;(7)    Title 40, Unified Development Code;(8)    Comprehensive plan;(9)    Resolution 1993-10-07, trails and bikeway system plan;(10)    Resolution 1994-06-18, comprehensive park, recreation, and open space plan.k.    Historic and Cultural Preservation.(1)    Purpose. It is the county’s policy to recognize and protect important historic and cultural resources, including those listed on the national, state and local registers of historic places; cultural resources inventoried by the State Archaeologist and Clark County; and as yet unrecorded sites, objects or structures.(2)    Definitions. For the purposes of this chapter, the following definitions shall apply:(3)    Applicability. The county adopts by this reference the statewide Archaeological Predictive Model and associated probability maps. The predictive model and probability maps may be periodically updated to reflect the best available information. Table 40.570.080-1 is based on the predictive model and maps, and shall be used to determine when an archaeological predetermination shall be required. The determinations within the table are further subject to the additional provisions in Section 40.570.080(C)(3)(k)(3)(a).1 Low potential impacts: Those activities involving no ground disturbance, normal maintenance and repair of existing structures and facilities, lands that have been substantially disturbed to a depth of more than eight (8) inches, and areas that have been adequately surveyed in the past with no discovery of resources.2 Moderate potential impacts: Activities involving slight ground disturbance not otherwise characterized as having low or high impact potential.3 High potential impacts: Activities involving disturbance of more than twelve (12) inches below the ground surface and more than ten thousand (10,000) square feet of area.(a)    Regardless of the probability map designation in Table 40.570.080-1, predeterminations shall be required as specified below:(i)    A predetermination shall be required for any high potential impact project located within one-quarter (1/4) mile of a recorded site.(ii)    A predetermination shall be required for any moderate through high potential impact project located within five hundred (500) feet of a known, but unregistered, site.(4)    Predeterminations. When required, a predetermination completed by a professional archaeologist shall be submitted to the DAHP for their review and approval. As part of a counter complete development application, the applicant shall submit proof via an e-mail confirmation or other conclusive method that the DAHP has received the site-specific document for review. If the DAHP required additional archaeological studies as a result of a prior predetermination, any such studies shall be completed, and proof shall be submitted that the DAHP has received the study prior to the submittal of a development application. (5)    Survey. An archaeological survey shall be required if the predetermination report calls for a survey, or is required by the DAHP, or upon discovery of an archaeological site during development of any permitted project.(6)    Mitigation Measures. An archaeological survey shall result in a report addressing the significance of cultural resources present on the site. The study shall include recommendations to mitigate impacts to the archaeological site consistent with WAC 25-48-020.(7)    If human remains are discovered, all work shall stop, and local law enforcement officials shall be notified immediately.(8)    It is further the county’s policy to consult with affected Native American interests in matters of cultural resource preservation. The following code provisions and plan policies also apply to historic and cultural resources:(a)    Chapter 14.07, Grading, and IBC Sections 106 and 3407;(b)    Section 40.250.030, Historic Preservation, and Rules and Procedures of the Clark County Heritage Commission;(c)    Chapter 40.240, Columbia River Gorge National Scenic Area Districts; and(d)    Chapter 8 of the Clark County Comprehensive Plan.l.    Transportation. It is the county’s policy to promote multimodal, safe and efficient transportation systems, including roads and highways, mass transit systems, trails and bikeways, and facilities for air, rail and water transport. In addition to complying with the following code provisions and plan, proposals that are likely to place significant demands on transportation facilities may be subject to transportation analyses in order to identify appropriate mitigation measures:(1)    Chapter 9.05, Park Rules;(2)    Chapter 9.17, Off-Road Vehicles;(3)    Title 10, Vehicles and Traffic;(4)    Title 12, Streets and Roads;(5)    Chapter 13.20, Informational Signs;(6)    Chapter 14.16, House and Street Numbering;(7)    Title 15, Fire Prevention;(8)    Title 16, Boating;(9)    Chapter 40.540, Boundary Line Adjustments and Land Division;(10)    Title 40, Unified Development Code; and(11)    Comprehensive plan, Chapter 5.m.    Public Services and Utilities. It is the county’s policy to require documentation of adequate levels of utility and public services necessary to support development proposals prior to their approval, including fire and police protection, water supply and sewage disposal, schools and parks, storm drainage, transportation facilities, solid waste disposal, and energy and telecommunication services. In addition to compliance with the following code provisions, resolutions and plan, it is also the county’s policy to require urban density developments to be served by sanitary sewer systems, and to require public water supplies for new developments with two (2) or more water service connections:(1)    Title 12, Streets and Roads;(2)    Title 13, Public Works;(3)    Title 15, Fire Prevention;(4)    Chapter 40.540, Boundary Line Adjustments and Land Division;(5)    Title 40, Unified Development Code;(6)    Title 24, Public Health;(7)    Title 36, Cable Television;(8)    Resolution 1991-07-35, coordinated water system plan;(9)    Resolution 1994-03-16, groundwater management plan;(10)    Resolution 1994-06-18, comprehensive park, recreation, and open space plan;(11)    Comprehensive plan, Chapter 6.4.    Through the project review process:a.    If the applicable regulations require studies that adequately analyze all of the project’s specific probable adverse environmental impacts, additional studies under this chapter will not be necessary on those impacts;b.    If the applicable regulations require measures that adequately address such environmental impacts, additional measures would likewise not be required under this chapter; andc.    If the applicable regulations do not adequately analyze or address a proposal’s specific probable adverse environmental impacts, this chapter provides the authority and procedures for additional review.(Amended: Ord. 2006-05-01; Ord. 2006-09-13; Ord. 2007-11-13; Ord. 2009-01-01; Ord. 2009-03-02; Ord. 2012-07-03; Ord. 2013-06-15; Ord. 2015-11-24; Ord. 2016-09-04; Ord. 2023-03-01)D.    Appeals.1.    The appellate procedures provided for by RCW 43.21C.060, which provides for an appeal to a local legislative body of any decision by a non-elected official conditioning or denying a proposal under authority of SEPA, are formally eliminated. Clark County establishes the following administrative appeal procedures which are to be construed consistently with RCW 43.21C.075 and WAC 197-11-680:a.    All appeals under this title shall be in writing, filed with the responsible official and accompanied by an appellate fee pursuant to Chapter 6.110A; provided, no additional appellate fee shall be charged for appeals under this section filed in conjunction with an available administrative hearing on the underlying permit or approval.b.    Appeals under this section are limited to the following:(1)    The responsible official’s procedural compliance with SEPA and Chapter 197-11 WAC in issuing the following determinations or documents:(a)    Determination of nonsignificance (DNS),(b)    Determination of significance (DS),(c)    Environmental impact statement (EIS);(2)    The conditioning or denial of a proposal under the authority of SEPA by a non-elected county official.2.    Appeals under this section shall be processed as follows:a.    Determination of Significance (DS). An appeal may only be made by the proposal applicant or sponsor, and shall be filed within fourteen (14) calendar days of the issuance of the DS/scoping notice. The appeal shall be heard and decided by a hearing examiner appointed pursuant to Chapter 2.51, whose decision shall be final and not subject to further administrative appeal.b.    Determination of Nonsignificance (DNS)/Environmental Impact Statement (EIS). An appeal may be filed by any agency or person in conjunction with the first nonexempt action on the proposal by a non-elected administrative official, as follows:(1)    For proposals which may be approved by an administrative official without public hearing, including but not limited to building permits, site plan approvals, floodplain permits, shoreline permits, grading permits, wetland permits, habitat conservation permits, short plats, mobile home parks and residential planned unit developments, SEPA appeals must be filed in conjunction with, and within the limitation period applicable to, an available administrative appeal of the applicable permit or approval; provided, that if no administrative appeal of the underlying administrative permit or approval is otherwise provided for, an appeal under this section shall be filed within fourteen (14) calendar days of the issuance of the permit or approval, and shall be heard and decided by a hearing examiner appointed pursuant to Chapter 2.51. The decision of the hearing examiner or other initial appeal body on the SEPA appeal shall be final and not subject to further administrative appeal.(2)    For proposals which may only be recommended for approval following a public hearing by the Planning Commission, including but not limited to comprehensive plan amendments and rezones, SEPA appeals shall be filed in writing with Council within fourteen (14) calendar days of issuance of said recommendation, which appeal shall be decided by Council in conjunction with its decision on the underlying recommendation.(3)    For proposals which may only be approved following a public hearing by the hearing examiner, including but not limited to rezones, conditional use permits, subdivisions, and mixed use planned unit developments, SEPA appeals of a procedural determination under SEPA shall be filed within fourteen (14) calendar days after a notice of SEPA determination. Such procedural and substantive SEPA appeal shall be decided by the examiner in conjunction with the examiner’s final order on the proposal. The examiner’s procedural SEPA decision is final and not subject to further administrative appeal.c.    Substantive SEPA Determination.(1)    For proposals subject to final administrative action by a non-elected administrative official or tribunal for which no administrative appeal is otherwise provided, any agency or person may appeal conditions or denials, or the failure to condition or deny, based upon substantive SEPA authority within fourteen (14) calendar days of the issuance of the administrative decision. Such appeal shall be heard and decided by a hearing examiner appointed pursuant to Chapter 2.51, whose decision shall be final and not subject to further administrative appeal. The examiner’s open record appeal hearing shall be held within ninety (90) days, unless parties to the appeal agree to extend this time period.(2)    For proposals subject to final administrative action by a non-elected administrative official or tribunal for which an administrative appeal is otherwise provided, any agency or person may appeal conditions or denials, or the failure to condition or deny, based upon substantive SEPA authority by utilizing such otherwise available administrative appeal process.3.    For any appeal under this subsection, the county shall provide for a record that shall consist of the following:a.    Findings and conclusions;b.    Testimony under oath; andc.    A taped or written transcript.4.    The procedural determination by the county’s responsible official shall carry substantial weight in any appeal proceeding.5.    The county shall give official notice under WAC 197-11-680(5) whenever it issues a permit or approval for which a statute or ordinance establishes a time limit for commencing judicial appeal.(Amended: Ord. 2019-05-07)

A.    Purpose of This Section and Adoption by Reference.    This section contains rules for determining if a proposal is exempt from environmental review under this chapter. This section also applies optional criteria for exemptions, including establishment of local thresholds, designation of critical areas, and selection of nonexempt actions within those areas. The county adopts the following sections of the SEPA Rules by reference, as supplemented in this section:WAC197-11-305    Categorical exemptions197-11-800    Categorical exemptions197-11-880    Emergencies197-11-890    Petitioning DOE to change exemptions197-11-908    Critical areasRCW43.21C.410    Battery charging and exchange station installation(Amended: Ord. 2009-07-01; Ord. 2011-06-14; Ord. 2018-01-09; Ord. 2023-03-01)B.    Use of Exemptions.1.    Each department within the county that receives an application for a license or, in the case of governmental proposals, the department initiating the proposal, shall determine whether the license and/or the proposal is exempt. The department’s determination that a proposal is exempt shall be final and not subject to administrative review. If a proposal is exempt, none of the procedural requirements of this chapter apply to the proposal. The county shall not require completion of an environmental checklist for an exempt proposal.2.    In determining whether or not a proposal is exempt, the department shall make certain the proposal is properly defined and shall identify the governmental licenses required (WAC 197-11-060). If a proposal includes exempt and nonexempt actions, the department shall determine the lead agency, even if the license application that triggers the department’s consideration is exempt.3.    If a proposal includes both exempt and nonexempt actions, the county may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that:a.    The county shall not give authorization for:(1)    Any nonexempt action;(2)    Any action what would have an adverse environmental impact; or(3)    Any action that would limit the choice of alternatives;b.    A department may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if nonexempt action(s) were not approved; andc.    A department may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if nonexempt action(s) were not approved.(Amended: Ord. 2018-01-09; Ord. 2023-03-01)C.    Exempt Levels for Minor New Construction.    Clark County establishes the following exempt levels for the minor new construction activities under WAC 197-11-800(1)(b) based on local conditions except when undertaken wholly or partly on lands covered by water as authorized under RCW 43.21C.135:1.    For residential structures in WAC 197-11-800(1)(b)(i), thirty (30) or fewer single-family residential dwelling units shall be exempt within unincorporated urban areas designated by the comprehensive plan; within designated urban reserve and rural areas, twenty (20) or fewer dwelling units shall be exempt.2.    For residential structures in WAC 197-11-800(1)(b)(ii), sixty (60) or fewer multifamily residential dwelling units shall be exempt within unincorporated urban areas designated by the comprehensive plan.3.    For agricultural structures in WAC 197-11-800(1)(b)(iii), the exempt threshold shall be forty thousand (40,000) square feet.4.    For office, school, commercial, recreational, service or storage buildings (but not including manufacturing buildings) in WAC 197-11-800(1)(b)(iv), up to thirty thousand (30,000) square feet of gross floor area and up to ninety (90) associated or stand-alone parking spaces shall be exempt within unincorporated urban areas designated by the comprehensive plan; within designated urban reserve and rural areas, the exempt levels for these facilities shall be twelve thousand (12,000) square feet or less, and up to forty (40) associated or stand-alone parking spaces.5.    For landfills and excavations in WAC 197-11-800(1)(b)(v), not associated with an exempt project in Section 40.570.090(C)(1) through (4), up to one thousand (1,000) cubic yards shall be exempt.6.    Whenever the county establishes new exempt levels under this section, it shall send them to the Washington Department of Ecology, Headquarters Office, Olympia, Washington 98504, under WAC 197-11-800(1)(c).(Amended: Ord. 2009-07-01; Ord. 2013-06-15; Ord. 2018-01-09; Ord. 2023-03-01)D.    Critical Areas.1.    Clark County designates the following as critical areas, in which the exemptions as specified in subsection (E) of this section do not apply:a.    Shoreline Management Areas. Land and water areas under jurisdiction of the Shoreline Management Act are critical areas. These shorelines of the county are mapped in the Clark County shoreline master program, which maps are incorporated in this chapter by reference. All development subject to shorelines substantial development permits, shorelines conditional use permits, and shorelines variance permits are subject to SEPA, except that SEPA review shall not be required for the exempt shoreline developments listed in Section 40.460.230(B); provided, that no part of the exempt shoreline development is undertaken on lands covered by water as defined in WAC 197-11-756. In addition, the minor repair or replacement of structures such as pilings, ramps, floats, or mooring buoys, or minor repair, alteration, or maintenance of docks that are specifically exempted within WAC 197-11-800(3) shall also be exempt from SEPA review.b.    Floodplains. Except for exempt shoreline developments listed in Section 40.570.090(D)(1)(a) that are above the ordinary high water mark, or other development outside of shorelines areas that do not require a flood hazard permit under Chapter 40.420, all areas within special flood hazard areas delineated by the Federal Emergency Management Agency (FEMA) under the Flood Insurance Study for Clark County are critical areas. These special flood hazard areas are designated on FEMA’s Flood Insurance Rate Maps (FIRM), which are incorporated in this chapter by reference.c.    Wetlands subject to the provisions of Chapter 40.445 are critical areas.(1)    Exemptions listed in Section 40.445.040 shall be exempt from SEPA.(2)    Other exemptions as specified in Section 40.570.090(E) do not apply unless authorized by a Level 1 wetland permit under Section 40.445.080.d.    The following critical areas regulation ordinances but only for personal wireless service facilities:(1)    Chapter 40.445, Wetlands and Fish and Wildlife Habitat Conservation Areas;(2)    Chapter 40.430, Geologic Hazard Areas;(3)    Chapter 40.410, Critical Aquifer Recharge Areas (CARAs).2.    The scope of environmental review of actions within these areas shall be limited to:a.    Documenting whether the proposal is consistent with the requirements of the applicable critical areas ordinance; andb.    Evaluating potentially significant impacts on the critical area resources not adequately addressed by the comprehensive plan and implementing ordinances, including any additional mitigation measures needed to protect the critical areas in order to achieve consistency with SEPA and other applicable environmental review laws.3.    The county shall treat proposals located wholly or partially within a critical area no differently than other proposals under this chapter, making a threshold determination for all such proposals. The county shall not automatically require an EIS for a proposal merely because it is proposed for location in a critical area.(Amended: Ord. 2012-12-23; Ord. 2013-06-15; Ord. 2016-09-04; Ord. 2018-01-09; Ord. 2023-03-01)E.    Non-Applicable Exemptions to Critical Areas.    Clark County selects the following categorical exemptions to be inapplicable within certain critical areas as specified below:1.    The minor new construction exemptions under Section 40.570.090(C) do not apply within any critical area, except that agricultural structures in Section 40.570.090(C)(3) are exempt in shoreline and unstable slope areas, and on slopes of forty percent (40%) or greater.2.    Other minor new construction exemptions under WAC 197-11-800(2) do not apply as follows:a.    Bus shelters and other transit facilities in WAC 197-11-800(2)(b) are not exempt in any critical area;b.    Commercial and public signs in WAC 197-11-800(2)(c) are not exempt in shoreline management areas;c.    Minor road and street improvements in WAC 197-11-800(2)(d) are not exempt in any critical area;d.    Grading, septic tank installation, and other activities in WAC 197-11-800(2)(e) are not exempt in any critical area;e.    Building additions and modifications in WAC 197-11-800(2)(f) are not exempt in any critical area;f.    Demolition of structures in WAC 197-11-800(2)(g) is not exempt in shoreline management areas;g.    Underground storage tanks in WAC 197-11-800(2)(h) are not exempt in any critical area; andh.    Street or road vacations in WAC 197-11-800(2)(i) are not exempt in shoreline management areas.3.    The approval of short plats under WAC 197-11-800(6)(a) is not exempt in any critical area.4.    Licenses for amusement and entertainment activities in WAC 197-11-800(13)(c) are not exempt in any critical area.5.    Utility-related exemptions under WAC 197-11-800(23) do not apply as follows:a.    Communication lines in WAC 197-11-800(23)(a) are not exempt in shoreline management areas;b.    Water, sewer and stormwater facilities in WAC 197-11-800(23)(b) are not exempt in any critical area;c.    Electric facilities in WAC 197-11-800(23)(c) are not exempt in shoreline management areas;d.    Natural gas distribution facilities in WAC 197-11-800(23)(d) are not exempt in shoreline areas; ande.    Right-of-way clearing in WAC 197-11-800(23)(f) is not exempt in shoreline areas.6.    The natural resources management exemptions under WAC 197-11-800(24) do not apply as follows:a.    Issuance of leases for school sites in WAC 197-11-800(24)(e) is not exempt in any critical area; andb.    Development of recreational sites in WAC 197-11-800(24)(g) is not exempt in any critical area.7.    Personal wireless service facilities in WAC 197-11-800(25) are not exempt in any critical area.(Amended: Ord. 2006-05-27; Ord. 2013-06-15; Ord. 2016-09-04; Ord. 2018-01-09)F.    Exempt Levels for Battery Charging and Exchange Station Installation.    Clark County establishes the following exempt levels for battery charging and exchange station installation authorized under RCW 43.21C.410:1.    The installation of individual battery charging stations and battery exchange stations, which individually are categorically exempt under the rules adopted under RCW 43.21C.110, may not be disqualified from such categorically exempt status as a result of their being parts of a larger proposal that includes other such facilities and related utility networks under the rules adopted under RCW 43.21C.110.2.    The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.a.    “Battery charging station” means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.b.    “Battery exchange station” means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.(Added: Ord. 2011-06-14)

A.    Purpose of This Section and Adoption by Reference.    This section contains rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, listing agencies with environmental expertise, selecting the lead agency, and applying these rules to current agency activities. The county adopts the following sections of the SEPA Rules by reference, as supplemented by this section:WAC197-11-900    Purpose of this part197-11-902    Agency SEPA policies197-11-904    Agency SEPA procedures197-11-906    Content and consistency of agency procedures197-11-914    SEPA fees and costs197-11-916    Application to ongoing actions197-11-920    Agencies with environmental expertise197-11-922    Lead agency rules197-11-924    Determining the lead agency197-11-926    Lead agency for governmental proposals197-11-928    Lead agency for public and private proposals197-11-930    Lead agency for private projects with one agency with jurisdiction197-11-932    Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city197-11-934    Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies197-11-936    Lead agency for private projects requiring licenses from more than one state agency197-11-938    Lead agencies for specific proposals197-11-940    Transfer of lead agency status to a state agency197-11-942    Agreements on lead agency status197-11-944    Agreements on division of lead agency duties197-11-946    DOE resolution of lead agency disputes197-11-948    Assumption of lead agency statusB.    Fees.    The county shall require the following fees for its activities in accordance with the provisions of this title:1.    Threshold Determinations. For every environmental checklist the county will review when it is lead agency, the county shall collect fees as set forth in Chapter 6.110A.2.    Environmental Impact Statement.a.    When the county is the lead agency for a proposal requiring an EIS, the county may charge and collect a reasonable fee from any applicant to cover costs incurred by the county in preparing the EIS including costs associated with the review and revision of a proposed EIS that initially is provided by the applicant. The responsible official shall advise the applicant(s) of the projected costs for the EIS prior to actual preparation; the applicant shall provide a deposit, post bond, or otherwise ensure payment of such costs.b.    The responsible official may determine that the county will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, for activities initiated by some persons or entity other than the county, and may bill such costs and expenses directly to the applicant. The county may require the applicant to post bond or otherwise ensure payment of such costs. Such consultants shall be selected by mutual agreement of the county and the applicant.c.    If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under Sections 40.570.110(B)(2)(a) or (B)(2)(b) which remain after incurred costs are paid.3.    The county may collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this title relating to the applicant’s proposal.4.    The county shall not collect a fee for performing its duties as a consulted agency.5.    The county may charge any person for copies of any document prepared under this title, and for mailing the document, in a manner provided by Chapter 42.17 RCW.6.    The responsible official shall promulgate procedures to implement this section.7.    Additional environmental review fees may be assessed if the proposed development has changed substantially from that which was earlier reviewed.

A.    Adoption by Reference. The county adopts the following forms and sections of the SEPA Rules by reference:WAC197-11-960    Environmental checklist197-11-965    Adoption notice197-11-970    Determination of nonsignificance (DNS)197-11-980    Determination of significance and scoping notice (DS)197-11-985    Notice of assumption of lead agency status197-11-990    Notice of action