This article contains specific regulations providing for the location of certain special and accessory uses throughout the use districts of the county and provides supplementary controls for the protection of the essential uses of these districts.

(Ord. 241 § 13.08.010, 1998)

A.

Use.

1.

Except as provided in A2 below, short-term rentals are a permitted use only in the general development one (G-1), general development five (G-5), general residential (R-2), resort residential (R-3), rural residential (RR), Lake Quinault (LQ) and general commercial (C-2) zone districts, and only pursuant to a valid short-term rental permit issued in accordance with this section by the administrator.

2.

Short-term rentals approved with a conditional use permit or as part of a planned unit development under this title prior to March 22, 2022, do not require a short-term rental permit.

B.

Standards. Short-term rentals shall be subject to the following general requirements:

1.

The short-term rentals shall meet all applicable state and local health, safety and building codes regulations, as well as the provisions of WAC 458-20-166 and RCW 64.37 or their successors.

2.

Short-term rental dwellings shall:

a.

Have working smoke and carbon monoxide detectors per the IRC or its successor;

b.

Have a properly maintained and charged fire extinguisher;

c.

Maintain a properly functioning permitted septic system or sewer connection: and

d.

Maintain weekly solid waste collection during all months.

3.

Number of Occupants. The overnight sleeping occupancy of a short-term rental unit shall not exceed: two persons per bedroom plus two additional persons, or the number of persons accommodated by an on-site sewage disposal system as determined by the environmental health division, whichever number of persons is less.

4.

Signage. No exterior signage shall be permitted.

5.

Parking. A minimum of one on-site parking space per bedroom shall be provided.

6.

Limitations. Short-term rentals shall not be operated outdoors such as tent, yurt or tree-house, or in an accessory structure, any non-residential structure, or a recreational vehicle including but not limited to park model.

7.

Liability Insurance. The short-term rental shall have current, valid liability insurance of one million dollars or more that covers the use of the short-term rental unit as required by RCW 64.37.050 or its successor.

8.

Advertising. All advertising for any short-term rental, including electronic advertising, shall include the number of the short-term rental permit granted to the permit-holder.

C.

Property Management.

1.

Use of the short-term rental is not allowed for commercial events where adequate parking cannot be provided on-site.

2.

A sign shall be posted conspicuously inside the dwelling with:

a.

The short-term rental's permit number and maximum occupancy, if applicable;

b.

Floor plan indicating fire exits and escape routes, with outdoor location of trash receptacles;

c.

Contact information for the permit-holder or designated local contact person who shall be available twenty-four hours a day to accept telephone calls, and respond physically to the short-term rental within three hours if necessary;

d.

Local emergency numbers;

e.

Location of all safety equipment such as fire extinguishers and exit signage;

f.

Tsunami evacuation routes, if applicable;

g.

Designated on-site parking areas;

h.

Waste pickup schedule;

i.

Quiet times starting no later than 10:00 p.m. and ending no earlier than 7:00 a.m.; and

j.

Pet management.

3.

All short-term rental permit-holders shall comply with the provisions of any local, state or federal disaster or emergency order.

D.

Taxes and Records.

1.

The permit-holder shall timely remit all applicable local, state and federal taxes and county fees owed in connection with the short-term rental.

2.

The permit-holder shall maintain records of all short-term rental activity, including number of guests, booking dates, rental income, and taxes remitted, for the most recent three consecutive years, and shall be provided to the county upon request.

E.

Permit Issuance.

1.

Upon satisfactory submission of the required attestations and documentation herein, a short-term rental permit issued by the administrator shall contain:

a.

The site address of the short-term rental;

b.

The permit-holder's name:

c.

The permit number, and rental limitations, including guest occupancy limit;

d.

Contact information (name, mobile phone number and email address) of the permit-holder or local contact person who shall be available twenty-four hours a day to accept telephone calls, and respond physically within three hours if necessary; and

e.

Dates the permit is valid.

2.

On issuance, the permit-holder shall mail the information in subsection E.1 above to property owners within three hundred feet and provide an affidavit of mailing to the county within thirty days of permit issuance.

3.

Any permit issued pursuant to this section is non-transferable.

4.

All permits issued pursuant to this section shall be valid for one year from the date of issuance, and shall be re-applied for and renewed annually at least thirty days prior to the expiration date.

5.

Permit renewals shall also require:

a.

A new attestation of all information as outlined in subsections E.1 and E.2 above; and

b.

A new attestation of payment of all applicable taxes for the previous year to the state department of revenue for the subject property.

F.

Permit Fees. The fee for the initial issuance and renewal thereof shall be per the county's current fee schedule at the time of a complete application.

G.

Violations.

1.

Any violation of this section and the correlating provisions in this section may subject a violator to any remedy, legal or equitable, available to the county.

2.

Permit violations include but are not limited to:

a.

Advertisement or rental of a short-term rental without a valid short-term rental permit;

b.

Failure to include the permit number of a short-term rental in any advertisement;

c.

Advertising a short-term rental outside the permitted scope of a short-term rental permit; and

d.

Failure to remit all applicable taxes.

3.

Operation violations include but are not limited to:

a.

Failure to maintain required records; and

b.

Failure of local contact person to satisfactorily respond to or resolve complaints.

4.

The following penalties shall apply to notices of violation:

a.

For permit violations:

i.

First notice of violation: written warning;

ii.

Second notice of violation: penalty of one thousand dollars, and immediate revocation of the short-term rental permit.

b.

For operation violations:

i.

First notice of violation: written warning;

ii.

Second notice of violation: penalty of five hundred dollars, or revocation of permit;

iii.

Third notice of violation: penalty of one thousand dollars, or revocation of permit:

iv.

Fourth notice of violation: revocation of permit.

H.

Complaint Procedure.

1.

Any person having a complaint regarding any violation(s) regarding a short-term rental shall first direct the complaint to the permit-holder or contact person listed on the short-term rental permit.

2.

If the complainant feels that the permit-holder or contact person fails to satisfactorily resolve a complaint, the complainant shall notify the county planning division in writing. The planning division will investigate the complaint, and if deemed accurate, issue a notice of violation to the permit-holder.

3.

Any person may appeal a decision by the administrator pursuant to this section to the county board of adjustment.

(Ord. No. 469, § 11, 3-22-2022; Ord. No. 486, § 23, 8-22-2023; Ord. No. 498, § 6, 12-17-2024)

Editor's note— Ord. No. 469, § 11, adopted March 22, 2022, repealed § 17.60.020 which pertained to junk and derived from Ord. 241, adopted 1998 and Ord. No. 380, adopted April 27, 2009.

School sites shall be as follows:

A.

Elementary schools: a minimum of five acres plus an additional acre for each one hundred (100) pupils of predicted ultimate maximum enrollment.

B.

Junior high schools: a minimum of ten (10) acres plus an additional acre for each one hundred (100) pupils of predicted ultimate maximum enrollment.

C.

High schools: a minimum of ten (10) acres plus an additional acre for each one hundred (100) pupils of predicted ultimate maximum enrollment.

(Ord. 241 § 13.08.030, 1998)

A.

Churches, institutions, clubs, and similar semi-public and public use buildings in residential districts, together with the associated impervious surfaces shall not cover more than thirty-five percent of the lot-area. Front, side and rear yards shall be a minimum of thirty-five feet each. Minimum lot-area shall be twenty thousand square feet or the larger lot-area required by health regulations for the intended method of sewage disposal and water system.

B.

Artificial lighting of on-site parking areas shall be oriented away from adjacent residential properties.

(Ord. 241 § 13.08.050, 1998)

(Ord. No. 501, § 11, 6-10-2025)

A.

In any residential zone a home occupation may be permitted; provided, that the use meets the following criteria:

1.

The occupation is secondary to the use of the dwelling for dwelling purposes.

2.

Not more than one person not a resident of the property may be employed in the occupation on the property.

3.

There is no external display of merchandise.

4.

The occupation does not employ the use of any one piece of equipment with greater than five horsepower.

5.

The use does not involve more than one-fourth (¼) the total square footage of the dwelling.

6.

The home occupation shall in no way affect the appearance of the building as a residence, provided that signs in connection with the use may be permitted provided that the sign is unlighted, not more than four square feet and either attached flat to the main building or if free standing is less than three and one-half feet tall from ground level. Not more than one sign is permitted.

B.

In any general development or agricultural zone a home occupation may be permitted provided that the use meets the following criteria:

1.

The occupation is secondary to the use of the dwelling for dwelling purposes.

2.

There is no external display of merchandise.

3.

The use does not involve more than one-fourth the total square footage of the dwelling.

4.

The home occupation shall in no way affect the appearance of the building as a residence; provided, that signs in connection with the use may be permitted; provided, that the sign is unlighted, not more than eight square feet, and either attached flat to the main or accessory building or if free standing, is less than three and one-half feet tall from ground level.

(Ord. 241 § 13.08.060, 1998)

In a General Development-5 and any agricultural zone accessory structures commonly associated with a permitted use (such as barns, garages and sheds) may be used for commercial or industrial related purposes; provided, that a conditional land use permit is approved for the use and the following conditions are met: (a) the property is currently occupied by the owner; (b) the use of the accessory structures is related to a business owned and operated by the owner of the property; (c) the use shall be confined to an accessory structure and no storage or accumulation of equipment, material, junk or debris associated with the use shall be permitted outside the structure; (d) signs in connection with the use shall be permitted, provided that: the signs shall be unlighted and either attached flat to the main building or if freestanding, be less than three and one-half feet tall from ground level. In a General Development-5 or agricultural zone the signs shall not exceed eight square feet and not more than two shall be erected; (e) the use of the property shall cause no noise to emanate from the property between the hours of 10:00 p.m. to 7:00 a.m.

In considering an application for a conditional land use permit pursuant to this section, the board of adjustment may impose such other conditions as are deemed necessary to insure that the use remains secondary to the residential use and remains compatible with surrounding uses.

(Ord. 241 § 13.08.070, 1998)

Unless modified by the regulations of a specific district, signs shall be erected only in accordance with the following requirements:

A.

Residential nameplate bearing the name of the occupant and not exceeding two square feet in area.

B.

Identifying sign and/or bulletin board for a church, school, or other public or semi-public institution, not exceeding thirty (30) square feet in area and located on the same lot with the use to which the sign refers, provided that no portion thereof shall be closer than ten (10) feet from any right-of-way line.

C.

Outdoor advertising signs and structures but only on a building in which is conducted a use permitted in the district or on the immediate premises thereof, and pertaining only to a use conducted or a product sold, on the immediate premises.

D.

Signs advertising a subdivision or housing development located on the premises thereof, non-illuminated and not exceeding thirty (30) square feet in area;

5.

Signs when not exceeding a total area of six square feet nor two in number and pertaining only to the prospective sale or lease of the land or building upon which such signs are displayed; provided, that nothing in this section shall prohibit display of signs, out-of-doors on real property relating to the nomination or election of any individual for a public political office or advocating any measure to be voted on at any special or general election; and provided further, that all such political signs must be installed pursuant to the permission of the property owner and that nothing herein shall permit placement of signs on real property or structures owned by the county, or any other governmental entity.

(Ord. 299 § 5, 2002: Ord. 291 § 5, 2001: Ord. 241 § 13.08.090, 1998)

A.

Towers, gables, scenery lofts, cupolas, water tanks, similar structures and mechanical appurtenances may be erected on a building to a height greater than the limit established in any district.

1.

No such exception shall cover more than fifteen (15) percent of the area of the lot.

2.

No such exception shall be used for other than a use incidental or accessory to the main use.

B.

Chimneys, water tanks, civil defense siren, church spire, flag pole, monument, radio or television antenna or necessary government or public utility structure may be erected to a height greater than the limit established in any district provided: (1) No such exception shall cover more than ten (10) percent of the site; (2) On any lot, with an average slope greater than one foot vertical in seven feet of horizontal distance, one story in addition to the number permitted in the district in which lot is situated shall be permitted on the downhill side of any building erected on the lot; provided the height of the building shall not otherwise be increased above the limit specified for the district.

C.

In any district with a height limit of thirty-five (35) feet or less, public and semi-public buildings, schools, churches, hospitals, and other institutions permitted in such districts, may be erected to a height not exceeding fifty (50) feet, provided the front, rear and side yards shall be increased one foot for each one foot by which the building exceeds the height limit herein before established for such district.

(Ord. 241 § 13.08.100, 1998)

The purpose of this article is to provide rules and procedures for regulating the establishment, operation, and reclamation of surface excavations to ensure that the excavations are compatible with surrounding uses and in keeping with the comprehensive plan and other relevant goals and policies of the county.

(Ord. 241 § 13.08.110, 1998)

(Ord. No. 391, § 11, 6-7-2010; Ord. No. 401, § 5, 6-11-2012)

Editor's note— Ord. No. 486, § 24, adopted August 22, 2023, repealed § 17.60.100 which pertained to definitions and derived from Ord. 241, adopted 1998; Ord. No. 391, adopted June 7, 2010; and Ord. No. 401, adopted June 11, 2012.

This chapter applies to all surface excavations or extractions conducted within the unincorporated area of Grays Harbor County; provided that the following shall be exempt from the requirements of this chapter:

A.

Surface excavations or extractions by an owner of property for materials to be used exclusively for improvements to property under the same ownership;

B.

Surface excavations or extractions approved pursuant to the Grays Harbor County Shoreline Master Program which involve removal of sand or gravel only from the surface of naturally occurring deposits in or adjacent to a body of water subject to Grays Harbor County Shoreline Master Program;

C.

Surface excavations or extractions conducted on lands classified as forest lands pursuant to RCW 84.33 or on lands owned by a state, county, or municipal agency and dedicated to timber production and use, subject to the following limitations:

1.

Material excavated or extracted pursuant to this section shall be used exclusively for projects directly associated with commercial forest operation.

2.

Excavations or extractions pursuant to this section shall be located not less than one-half mile from any land not so classified or dedicated.

3.

Excavation or extractions pursuant to this section shall be subject to the requirements of this chapter for proper reclamation.

4.

The provisions of this section shall not apply on lands zoned as agricultural or residential.

Except as provided herein, no person shall establish or conduct a surface excavation or extraction unless and until a permit pursuant to this chapter has been approved and issued.

(Ord. 241 § 13.08.130, 1998)

(Ord. No. 391, § 13, 6-7-2010)

Applications for a permit to conduct surface excavations or extractions pursuant to this chapter shall be made to the planning and building division on forms provided for that purpose and shall, at minimum, include the information required below and such other information as the administrator deems necessary to insure proper review. Incomplete applications shall be returned to the applicant for completion and shall be withheld from the review process pending receipt of the necessary information. Applications shall be made in the name of, and be signed by the verified property owner of the property to be excavated. The signatures shall be notarized. All applications shall contain the following information:

A.

Surface Excavation/Extraction Plan. The plan shall: (1) explain the proposed method(s) of excavation/extraction and operation; (2) establish a timetable for completion of the excavation/extraction; (3) explain the methods and measures to be taken to prevent air, noise, aquifer, and water impacts; (4) explain the methods and measures to be taken to screen the view of the operation from public highways, roads, public parks, reserves and residential uses in the vicinity; (5) establish the accessory uses and associated activities (such as crushers, sorters, batch or mixing plants, and scales or blasting) if any, which are proposed for inclusion in the operation; (6) the hours of operation and any other information that is necessary to fully understand the proposed operation.

B.

Reclamation Plan. This plan shall provide that reclamation activities, particularly those relating to control of erosion, shall to the extent feasible be conducted simultaneously with surface excavation/extraction and shall be initiated at the earliest possible time after completion or abandonment of excavation/extraction of any segment of the permit area. The plan shall provide that reclamation activities shall be completed pursuant to direction provided by the State Department of Natural Resources after completion or abandonment of surface excavation/extraction on each segment of the area for which a permit is requested. The plan shall include, but is not limited to: (1) statement of the proposed subsequent use of the land; (2) proposed practices to protect adjacent surface resources; (3) specifications for surface gradient restoration to a surface suitable for the proposed subsequent use of the land after reclamation is completed, and the proposed method of accomplishment; (4) manner and type of re-vegetation or other surface treatment of the disturbed areas; (5) method of prevention or elimination of conditions that will create a public nuisance and endanger public safety, damage property, or be hazardous to vegetative, animal, fish, or human life in or adjacent to the area; (6) method of diverting surface waters around the disturbed areas; (7) method of control of contaminants and disposal of surface mining refuse; (8) method of restoration of stream channels and stream banks to a condition minimizing erosion and siltation and other pollution; (9) such maps and other supporting documents as reasonably required by the administrator; and (10) a time schedule for reclamation.

C.

Drawings.

1.

Vicinity map showing boundaries of the area which will be affected, topographic detail, location and names of all streams and other bodies of water, roads, railroads, and utility lines on or immediately adjacent to the area, location of proposed access roads to be built in conjunction with the excavation/extraction operation, and the names of the surface and mineral owners of all lands within the surface excavation/extraction area. Map shall have the following standards unless variation is approved by the administrator:

Contour intervals shall not be more than five feet. The centerline of all natural and/or manmade drainages shall be indicated. These shall include but are not limited to streams, ditches, canals, sloughs;

2.

Typical cross-sections of the land showing slopes and depths at the following stages of the project:

a.

Before excavation/extraction,

b.

Completion of excavation/extraction,

c.

Completion of reclamation.

Additional maps and details may be required by the administrator as deemed necessary.

D.

Environmental checklist, in accordance with requirements of Chapter 18.04.

E.

Title report specifying ownership interests and mineral rights.

F.

Hauling Plan. A plan specifying the county or state roads or other methods by which the excavated/extracted material will be removed from the site.

(Ord. 241 § 13.08.140, 1998)

(Ord. No. 391, § 14, 6-7-2010)

Upon receipt of a complete application, the administrator shall review the application for the purpose of making a preliminary threshold determination pursuant to the State Environmental Policy Act.

A.

If the threshold determination results in either a Determination of Non-Significance (DNS) or Mitigated Determination of Non-Significance (MDNS), the administrator shall prepare a threshold determination and circulate the proposal as required by Chapter 18.04. In addition, the application shall be circulated to the county department of public services and other agencies or departments with interest in the proposal. Upon completion of the environmental and technical review, the applicant may amend the application to mitigate identified adverse environmental effects or technical defects. Subsequent to completion of review and modifications, the administrator shall schedule the application for the next possible hearing date and give notice of the hearing pursuant to subsection C of this section.

B.

If the threshold determination results in a Determination of Significance (DS), the administrator shall inform the applicant in writing of the requirement to prepare an Environmental Impact Statement (EIS). The EIS shall be prepared at the applicant's expense under the supervision of the administrator and shall conform to the requirements of Chapter 18.04. The administrator shall notify affected property owners in accordance with (C)(2) of this section. The notice shall inform them of the application and of the availability of the Draft EIS. Upon publication of the Final EIS, the administrator shall schedule the application for a hearing and give notice of the hearing pursuant to subsection C of this section.

C.

For all hearings required pursuant to this section, the administrator shall give notice by: (1) publishing in the official county newspaper at least ten (10) days prior to the hearing; and (2) mailing to all property owners of record within three hundred (300) feet of the exterior boundaries of the subject parcel, a written notice of the pendency of the application and the date of hearing not less than ten (10) days prior to the hearing. In both cases the notice shall contain a brief description of the application; a description of the location of the proposal; a legal description of the parcel involved; and a statement of where the application may be reviewed. In the case of a DNS or MDNS, the notice shall state (1) that a determination has been made concluding that this proposal will not have a significant adverse environmental effect; and (2) where the information, on which this decision is based, is available.

(Ord. 241 § 13.08.150, 1998)

(Ord. No. 391, § 15, 6-7-2010)

The board of adjustment shall decide on applications made pursuant to this chapter only after conducting a public hearing and making findings of fact on which the decision is based. Any proposed use subject to this chapter shall be permitted to locate only if the board of adjustment finds that the proposed use, as limited by any conditions imposed upon it, will:

A.

Be compatible with other permitted uses in the same vicinity and zoning classification;

B.

Not impose excessive demands upon public utilities, public roads, and public services;

C.

Not become a nuisance or hazard to persons or property;

D.

Be compatible with adopted policies relating to conservation or resources and environmental quality;

E.

Comply with the standard set forth in Section 17.60.170. A Determination of Non-Significance (DNS) or a Mitigated Determination of Non-Significance (MDNS) shall be issued on the project prior to the board of adjustment taking action on the application. If it is determined that an EIS shall be prepared and circulated pursuant to the State Environmental Policy Act, no decision on the project shall be made by the board of adjustment until another public hearing has been held and notice thereof given pursuant to Section 17.60.130. The board of adjustment shall have the authority to impose conditions on the approval that are reasonably necessary to reduce or eliminate adverse effects on the environment that would otherwise be caused by the proposal. Approval of the application by the board of adjustment shall authorize the administrator to issue a permit for the operation pursuant to Section 17.60.150. The board of adjustment may authorize, in conjunction with surface excavation/extraction operations, additional accessory uses such as concrete batching plants or asphalt mixing plants, when such uses are located and conducted in such a manner as to be compatible with surrounding property and the uses made thereof. In no case shall an asphalt mixing plant, natural gas extraction facility, or oil extraction facility be permitted nearer than two thousand (2,000) feet to any residential use. Sand and gravel for such additional uses may be imported only to the extent authorized in the permit.

(Ord. 241 § 13.08.160, 1998)

(Ord. No. 391, § 16, 6-7-2010)

The administrator shall notify the applicant in writing of the decision of the board of adjustment. Such notice shall set forth the additional requirements or conditions attached to the approval. If the conditions imposed require further action by the applicant prior to delivery of the permit, the applicant shall be so notified, and the administrator shall not issue the permit until such conditions have been met. Upon completion of all prerequisites, the administrator shall issue the permit. The permit shall authorize operation and reclamation of site approval and the terms of this chapter.

(Ord. 241 § 13.08.170, 1998)

(Ord. No. 391, § 17, 6-7-2010)

The administrator is authorized to approve amendments to the approved permit and associated plans, except for the expansion of the acreage boundary governed by the approved permit, provided that the administrator issues written findings that the amendment does not result in a change that would substantially affect surrounding properties, the natural environment, or materially change the scope of the project. Written notification of the variation or amendment shall be sent to all property owners located within three hundred (300) feet of the subject property and all parties of record for the original permit, with the notification containing information on the appeal process for the administrator's decision.

Any other amendment to the approved permit and associated plans shall be applied for, processed and reviewed pursuant to the requirements for initial approval.

(Ord. 241 § 13.08.180, 1998)

(Ord. No. 391, § 18, 6-7-2010)

All surface excavations shall be conducted in accordance with the following standards:

A.

The operation shall comply with the requirements of RCW 70.107, the Noise Control Act of 1974.

B.

The operation shall be conducted in such a manner as to control dust and noise. The operator shall maintain haulage roads in a dust-free condition.

C.

To ensure the compatibility of authorized uses with surrounding properties, the following terms and conditions, in addition to those set forth above, shall apply: (1) when the excavation is complete to the extent allowed in the permit, or is abandoned, all operations authorized by the permit shall cease; (2) after operations have ceased, all non-reclaimed areas shall be restored in conformance with the reclamation plan approved by the State Department of Natural Resources and within the time limit specified in the permit.

D.

The reclamation plan shall provide that reclamation activities, particularly those relating to control of erosion, shall to the extent feasible, be conducted simultaneously with the surface mining and in any case shall be initiated at the earliest possible time after completion or abandonment of mining on any segment of the permit area for which a permit is requested.

E.

Excavation made to a depth of two feet or more below the low groundwater mark, which will result in the establishment of a lake, shall be reclaimed in the following manner: (1) all banks in soil, sand, gravel, and other unconsolidated materials shall be sloped to four feet below the seasonal low water line at a slope no steeper than three feet horizontal to one foot vertical; (2) portions of solid rock banks shall be stepped or other measures to be taken to permit a person to escape from the water.

F.

In all other excavations in soil, sand, gravel, and other unconsolidated materials, the side slopes between successive benches shall be no steeper than one and one-half feet horizontal to one-foot vertical for their entire length.

G.

The slopes of walls in rock or other consolidated materials shall have no prescribed angle of slope, but where a hazardous condition is created that is not indigenous to the immediate area, quarry shall be either graded or backfill led to a slope of one-foot horizontal to one-foot vertical, or other precautions must be taken to provide adequate safety.

H.

The peaks and depression of all spoil banks, berms, or dikes shall be reduced to a gently rolling topography which will minimize erosion and which will be in substantial conformity with the immediately surrounding land area.

I.

In no event shall any provision of this section be construed to allow stagnant water to collect or remain on the surface excavation area. Suitable drainage systems shall be constructed or installed to avoid such conditions if natural drainage is not possible.

J.

All grading and backfilling shall be made with non-noxious, nonflammable, noncombustible solids unless a permit has been granted for a supervised sanitary fill.

K.

In all types of surface excavations in order to prevent water pollution, all acid-forming materials shall be covered with at least two feet of clean fill. The final surface covering shall be graded so that surface water will drain away from the disposal area.

L.

Vegetative cover will be required in the reclamation plan as appropriate to the future use of the land.

M.

All surface excavations that will disturb streams must comply with the requirements of the state fisheries and other applicable laws and every application for a permit for such operations must have a reclamation plan approved by the State Department of Fish and Wildlife with regard to operations in stream as required by RCW Title 75.

N.

Soils on the site, but not within the active excavation area, which are exposed to erosion shall be immediately protected from erosion to the maximum extent feasible. Methods used should be appropriate to the situation.

(Ord. 241 § 13.08.190, 1998)

(Ord. No. 391, § 19, 6-7-2010)

A.

Administrator. The planning and building director or their designated representative shall administer this chapter.

B.

Inspections. The administrator shall be authorized to enter property for the purpose of investigations necessary for the administration and enforcement of this chapter.

C.

Compliance Orders. If an inspection or other valid evidence reveals a violation of the approved plans, conditions of approval or the terms of this chapter, the administrator shall notify the property owner and permittee, if any, in writing explaining the violation, and ordering compliance within a reasonable fixed time period. If the order is not appealed pursuant to subsection D of this section, the order becomes binding.

D.

Appeal of Compliance Order. A property owner or permittee may appeal a compliance order issued by the administrator in writing within twenty-one days of the date of issue of the order. Upon receipt of an appeal, the administrator shall set the matter for hearing by the board of adjustment. The board of adjustment shall determine only the validity of the compliance order and shall not amend the permit conditions or approved plans without first holding a public hearing pursuant to Section 17.60.130. The board of adjustment may uphold, modify, or reverse the decisions of the administrator.

E.

Penalties. Violations of this chapter shall be enforced as provided in Chapter 17.96 and/or Chapter 8.40.

F.

Revocation of Permit. The board of adjustment shall revoke any permit granted under this chapter if any of the following exist:

1.

Fraud in obtaining the permit;

2.

Concealment or misrepresentation of any material fact on the application or made during the course of the hearing of the application or on any subsequent report;

3.

The excavation authorized by the permit has been abandoned or suspended for more than one year;

4.

The operation is found to be in violation of the approved plans, conditions of approval, or the terms of this chapter, and the permittee has failed to correct the violation after notice thereof.

A temporary permit revocation order may be issued by the board of adjustment with or without written notice to the permittee but only if it clearly appears from specific facts that one of the grounds specified herein for permit revocation exists, and, for revocations without notice:

1.

Reasonable efforts have been made to notify the permit holder; and

2.

Notice should not be required.

Every temporary permit revocation order granted without notice shall expire within thirty days of issuance unless extended by the board of adjustment for good cause shown by the permittee. In all cases where a temporary permit revocation is issued, the administrator shall expeditiously proceed with a permanent permit revocation.

G.

Existing Gravel Excavations. Surface excavations which existed at the time of the adoption of this chapter and for which a valid conditional land use permit has been issued pursuant to Chapter 17.80, shall be exempt from the permit requirements of this chapter; provided, that expansion of such operations beyond the scope of the original permit shall require approval pursuant to this chapter.

H.

Application Fees. Fees are set by resolution of the board of county commissioners.

I.

Bonding. Before a surface excavation permit is issued, the applicant shall file with the administrator a bond executed by the applicant and a surety company authorized to do business in the state of Washington in an amount sufficient to insure compliance with the provisions of this chapter, and the conditions upon which the permit is granted, and fulfillment of the reclamation. In lieu of such bond, the administrator may accept other security sufficient to insure such compliance. Such bond or other security shall be continuously maintained until the requirements of the permit have been complied with and the reclamation completed. Proof that such bond or other security remains in force shall annually be furnished to the administrator.

Increased Bonding. Whenever the administrator determines that because of inflation or other causes the bonding or security is inadequate for the purpose intended, the administrator shall petition for an amendment to the surface excavation permit. Such petition shall be processed and decided in the same manner as permit revocations.

J.

Transfer of Permit. The permit, and responsibility for compliance with the terms thereof, shall not be transferred to other than the verified owner of the property on which the surface excavation is being conducted. No transfer shall be effective until written notice is delivered to the administrator stating the name and address of the new owner and acceptance by the new owner of the permit conditions. Information concerning the transfer shall be transmitted to the State Department of Natural Resources.

K.

Injunctive and Other Proceedings. Notwithstanding the imposition of any penalties hereunder, the county may institute any appropriate action or proceeding to require compliance with or to enjoin violation of the provisions of this chapter, or any administrative orders or determinations made pursuant to this chapter.

(Ord. 241 § 13.08.200, 1998)

(Ord. No. 391, § 20, 6-7-2010; Ord. No. 495, § 14, 7-9-2024)

Editor's note— Ord. No. 391, § 22, adopted June 7, 2010, repealed § 17.60.190, which pertained to public utility facilities. For complete derivation see the Ordinance Disposition Table/Code Comparative Table at the end of this volume.

Every surface excavation or extraction operation established pursuant to this chapter shall be located on a lot, parcel or tract of land which is adjacent to a public road or has direct access over a dedicated private road or access easement constructed in conformance with Chapter 12.02 and Chapter 15.12.

(Ord. 241 § 13.08.240, 1998)

(Ord. No. 391, § 21, 6-7-2010)

A.

Standards for considering an application for a conditional use permit in the A-1, A-2, I-1, I-2 and SD zone districts for a new cannabis processing and/or production facility.

1.

New cannabis processing and/or production facilities must be operated within fully secure indoor structures with non-membrane walls and roofs.

2.

Structures specifically exempted by WAC 51-50-007 or its successor shall not be used for the processing and/or production of cannabis.

3.

All structures for the processing and/or production of cannabis shall incorporate air filtration and ventilation systems designed by a licensed mechanical engineer. The air filtration and ventilation systems shall be effectively maintained per the engineer's requirements.

4.

Air filtration and ventilation systems for pollution control of cannabis odors must use best practices and mitigation measures recommended for the cannabis facilities by the Olympic Region Clean Air Agency.

5.

A conditional use permit for the cannabis processing and/or production facility is valid for one year. An annual renewal permit will be issued only if documentation by a licensed mechanical engineer is provided to the county that the above standards are satisfied.

B.

Permit fees. The fee for an annual renewal permit for a cannabis processing and/or production facility shall be per the county's current fee schedule at the time of a complete application for the renewal permit.

C.

Existing cannabis processing and/or production facilities. Existing cannabis processing and/or production facilities as currently operating are considered legal non-conforming uses, provided they are currently licensed by the Washington State Liquor and Cannabis Board, and permitted by the county, as of the effective date of adoption of the ordinance codified in this section. Expansion of these existing facilities, including new licenses at these existing facilities, and new buildings complying with the associated zoning setbacks, height and lot-coverage regulations, may be allowed, subject to issuance of the required development permits. Such an existing facility may expand on a contiguous parcel of land only after recording a boundary line adjustment pursuant to Title 16 or its successor, provided that there is no increase in size of the parcel of land containing the cannabis facility, and that a cannabis facility is not allowed on the other parcel of land.

(Ord. No. 482, § 17, 3-14-2023)

A.

New communication towers and any increase in height of existing towers legally established prior to the date of adoption of this chapter may be allowed as a Conditional Use in the Restricted Residential (R-1), General Residential (R-2), Resort Residential (R-3), Rural Residential (RR), Lake Quinault (LQ), General Development One (G-1), General Development Five (G-5) and General Commercial (C-2) zone districts, and as a Permitted Use in the Agricultural Use (A-1), Long Term Agricultural Use (A-2), Light Industrial (I-1) and Industrial (I-2) zone districts. A facility eligible under FCC regulations Section 6409 or its successor will be considered under the timeline established by those regulations.

B.

Standard for considering an application for siting a communication tower, except in the Satsop Development (SD) and Satsop Multi-Use (SM) zone districts:

1.

The tower must be setback a minimum distance equal to the height of the tower from all property lines; or

2.

A fall zone easement must be secured from the adjoining property owner(s).

C.

The following definitions are applicable to this section:

1.

"Tower" shall mean any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, monopole towers, radio and television transmission towers, microwave towers, cell phone towers, telecommunication towers, wireless towers, and the like.

2.

"Height" shall mean the distance measured from ground level to the highest point on the tower, even if the highest point is an antenna.

3.

"Fall zone easement" shall mean the maximum area (the farthest distance from the tower base) in which a tower may collapse in an event; and may allow for the construction of structures within the area covered by the easement.

(Ord. No. 491, § 2, 3-12-2024; Ord. No. 501, § 12, 6-10-2025)