The ordinance codified in this title is adopted pursuant to the provisions of Chapter 36.70A RCW, which empowers a county to enact a zoning ordinance and provide for its administration, enforcement, and amendment. [Ord. 1325 §1 (Att. C), 2021; Ord. 1269 §8, 2016]

The purpose and intent of the title is to further the goals and policies of the Lewis County comprehensive plan by providing the authority for and procedures to be followed in regulating the physical development of Lewis County. [Ord. 1325 §1 (Att. C), 2021; Ord. 1269 §8, 2016]

(1) Unless otherwise provided, the regulations identified in this chapter shall apply to the following Lewis County Code (LCC) provisions:

(a) LCC Title 16, Subdivisions;

(b) LCC Title 17, Land Use and Development Regulations; and

(c) All other code sections that refer to this section for administration.

(2) Building permits subject to the State Environmental Policy Act (SEPA) shall follow the procedures of this chapter. Building permits exempt from SEPA shall be subject to the procedures identified within LCC Title 15 and not this chapter.

(3) In the event of a conflict between this chapter and any other applicable process, unless specifically provided otherwise, the director shall, in his or her sole discretion, determine the appropriate regulation, considering the following principles:

(a) State or federal provisions shall apply over local provisions;

(b) Specific provisions shall apply over general provisions; and

(c) Later enacted provisions shall apply over provisions enacted earlier. [Ord. 1325 §1 (Att. C), 2021; Ord. 1269 §8, 2016]

(1) Project permit applications are categorized as one of five types described below. Tables 17.05-1 and 17.05-2 specify various permits that fall within the categories and the methods for processing the various project permits.

(a) Type I applications involve decisions that require little notice which are decided by the administrator.

(b) Type II applications are administrative actions that require notice of application and a notice of decision.

(c) Type III applications are quasi-judicial actions that require an open record hearing and decision before the hearing examiner.

(d) Type IV applications are quasi-judicial actions that require an open record hearing before the hearing examiner and a decision by the Lewis County board of county commissioners.

(e) Type V governmental actions are those that require a public hearing before the planning commission and a decision by the board of county commissioners. The process and noticing requirements for the amendments are articulated in Chapter 17.12 LCC; if there is a conflict, Chapter 17.12 LCC supersedes Chapter 17.05 LCC.

(2) If this chapter does not expressly provide for review using one of the five types of procedures, and another specific procedure is not required by law, the director shall classify the application as one of the five procedural types and it will be processed accordingly. Questions about what procedure is appropriate shall be resolved in favor of the type providing the greatest public notice and opportunity to participate.

1    Please refer to Chapter 17.12 LCC for noticing requirements. Where there is a conflict, the noticing requirements of Chapter 17.12 LCC supersede Table 17.05-1.

2    Notice of SEPA determinations may be combined with other notices, so long as the requirements in WAC 197-11-510 and LCC 17.110.170 are met.

1    SEPA follows the mailing notification of the underlying project permit. No SEPA mailing is required for Type I applications.

2    These provisions apply, unless otherwise addressed in a resource land or critical areas chapter.

[Ord. 1358, 2024; Ord. 1340 (Exh. B), 2022; Ord. 1330 (Exh. B), 2021; Ord. 1325 §1 (Att. C), 2021; Ord. 1269 §8, 2016]

Applicants may request a preapplication meeting for all applications. The purpose of a preapplication is to conduct a review of the development application prior to submittal to the department. Preapplication review may include a discussion of the requirements for application completeness and review processes, permit or approval requirements, design standards, design alternatives, potential fees, environmental impact avoidance, other required permits, or other general development issues and questions from the applicant. To expedite development review, the department may invite all affected jurisdictions, agencies and/or special purpose districts to the preapplication meeting. [Ord. 1325 §1 (Att. C), 2021; Ord. 1269 §8, 2016]

(1) Except as provided elsewhere in this code, the department shall establish and may revise written submittal requirements for each type of project permit application required by this title. The department shall prescribe checklist forms, which shall clearly describe the material that must be submitted for an application to be accepted for processing.

(2) When a site plan is required per the project permit application prescribed checklist all of the following shall be included. Additional information may be required per the prescribed checklist. All site plans and maps shall be drawn to scale and shall include a scale bar and north arrow. When a survey map is required, the survey map shall be 18 inches by 24 inches in size and drawn by a Washington State Professional Land Surveyor (PLS).

(a) A label identifying the permit application name; examples include, but are not limited to, master site plan, boundary line adjustment, special use permit, septic permit, etc.

(b) Property boundary lines, parcel number(s) and street address.

(c) Location and width of all existing public roads, private roads, ingress, egress, or easements within or adjacent to the property.

(d) Location of all existing and proposed driveways.

(e) Location and footprint of all existing and proposed structures, with dimensions.

(f) All existing and proposed structures labeled with the existing or proposed use; examples include, but are not limited to, house, deck, garage, barn, shed, fence, culvert, retaining wall, etc.

(g) Number of bedrooms in each existing and proposed structure.

(h) Distance between existing and proposed structures and property boundaries.

(i) Distance between all existing and proposed structures, if within 10 feet.

(j) Location of all existing wells and sanitary control areas, septic systems and reserve areas, water lines, and other utility lines.

(k) Location of all existing and proposed stormwater facilities.

(l) Location and dimensions of all areas of disturbed land that will not be returned to predevelopment conditions, such as yard, garden and parking.

(3) Except for Type V governmental actions, which are addressed in Chapter 17.12 LCC, at minimum, a project permit application and any supplemental application shall include the following:

(a) A completed original project application form signed by the owner(s) of the property which is the subject of the application;

(b) A completed original supplemental application form;

(c) Parcel identification number;

(d) A copy of the preapplication meeting summary, if applicable;

(e) The applicable fee(s) adopted in LCC Title 18 for the application(s);

(f) If applicable, a State Environmental Policy Act environmental checklist;

(g) Permit-specific information required by submittal checklists distributed by the department in accordance with this section, or other relevant sections of Lewis County Code; and

(h) Any additional information, identified by the review authority needed to provide the department with sufficient information about the proposed project. [Ord. 1367 (Exh. C), 2025; Ord. 1358, 2024; Ord. 1340 (Exh. B), 2022; Ord. 1325 §1 (Att. C), 2021; Ord. 1269 §8, 2016]

(1) Procedurally Complete. An application will be deemed procedurally complete based solely on the procedural requirements as outlined on the permit application. Time frames for decision, as specified in Table 17.05-2, shall begin on the date the application is deemed procedurally complete.

(2) Within 28 calendar days after receiving a project permit application, the department shall provide a written determination to the applicant, stating that either:

(a) The application is procedurally complete; or

(b) The application is procedurally incomplete and what information is necessary to make the application procedurally complete.

(3) Incomplete Applications. When an application is determined to be procedurally incomplete, the review authority shall identify, in writing, the specific requirements or information necessary to constitute a procedurally complete application.

(a) When additional information is required, the applicant shall have 90 calendar days from the date of the written notification of incompleteness to submit the required information to the review authority. If the applicant does not submit all required information within the 90-day period, the project permit application shall automatically lapse.

(b) Prior to the lapse date, the applicant may request, in writing, an extension in order to provide the required information. The review authority may grant up to two 90-day extensions if it is determined that the required studies or information warrants additional time. Financial hardship shall not be considered for extensions of deadlines.

(c) Lapsed applications will not be further processed; however, they may be resubmitted as a new application with the submittal of full fees. Resubmittal of lapsed applications shall be governed by the regulations in effect at the time of the resubmittal.

(4) Upon submittal of the additional information, the review authority shall, within 14 calendar days, issue a letter of completeness or, in accordance with subsection (3)(a) of this section, identify what additional information is required.

(5) If the review authority fails to provide the written notice within 28 days, the application shall be automatically deemed procedurally complete.

(6) When an application is deemed procedurally complete, the review authority shall:

(a) Forward the application(s) for processing and the scheduling of a public hearing, if a hearing is required;

(b) Send a written notice to the applicant that acknowledges the completeness of the application, states the vesting date when applicable, lists the name and telephone number of a department contact person, and describes the expected review schedule, time frame for decision, and the date of a hearing, if applicable; and

(c) If applicable, provide notice of the application, in accordance with LCC 17.05.080.

(7) The determination of procedural completeness does not preclude the review authority from requesting additional information or studies either at the time of the notice of procedural completeness or afterward if new information becomes required or if there are changes in the proposed project. [Ord. 1358, 2024; Ord. 1325 §1 (Att. C), 2021; Ord. 1269 §8, 2016]

(1) Timing. Within 14 calendar days of an application being deemed procedurally complete under LCC 17.05.070, the review authority shall issue a notice of application for all applications that require public notice per Table 17.05-1. The notice of application and the SEPA threshold determination shall be issued at least 15 calendar days prior to the date of a decision or a public hearing.

(2) Content. The notice shall be dated and shall include, but not be limited to, the information required in RCW 36.70B.110(2) as hereafter amended.

(3) Distribution.

(a) Mailing. The director shall mail a copy of notices of application and hearings to:

(i) The applicant and the applicant’s representative. Electronic mailing may be used.

(ii) Owners of property within a radius of 500 feet of the property which is the subject of the application; provided, that an expanded radius shall be required for master planned industrial developments per RCW 36.70A.367(3)(k).

(A) The department shall use the records of the Lewis County assessor’s office for determining the address of all of the owner(s) of record within the appropriate radius.

(B) The failure of a property owner to receive notice shall not affect the decision if the notice was sent in accordance with this subsection. A certificate or affidavit of mailing shall be evidence that notice was properly mailed to parties listed or referenced in the certificate.

(iii) County departments, and agencies with jurisdiction, including tribal governments.

(iv) Community groups or local governments that the administrator may identify as having an interest in the proposal.

(v) Other persons who request such notice in writing.

(b) Publication. When required per Table 17.05-1, the department shall publish a summary of the notice in a newspaper of general circulation, including the date, time and place of the proposed hearing, the nature and location of the proposal and instructions for obtaining further information.

(c) Posting. When required per Table 17.05-1, the department shall place a notice sign(s) on the project site that is clearly visible and readily readable from each right-of-way that provides primary vehicular access to the subject property. The county shall remove and properly dispose of the notices after a decision on the project.

(i) At minimum, the public notice signs shall state the nature and location of the proposal; instructions for obtaining further information; and, if applicable, the date, time, and place of the public hearing.

(ii) At least two days before any hearing, the person responsible for posting the sign shall execute and submit an affidavit to the review authority certifying where and when the sign notices were posted.

(d) For notices that are required to be mailed pursuant to this chapter, the department may substitute a postcard notification that includes a short summary of information and provides the recipient with instructions regarding obtaining a complete notice either electronically or in person. [Ord. 1358, 2024; Ord. 1325 §1 (Att. C), 2021; Ord. 1269 §8, 2016]

(1) Project Permit Applications Submitted After the Effective Date.

(a) A project permit application submitted after the effective date of the ordinance codified in this chapter shall be vested under the zoning and land use regulations in effect at the time of a procedurally complete application.

(b) If the county has notified the applicant that the application is incomplete, the application shall not be deemed vested until the date the county notifies the applicant that the application is procedurally complete.

(c) Building permits shall be subject to the building codes in effect at the time of the complete building permit application.

(2) Additional Provisions.

(a) Nothing herein shall restrict the county’s authority to impose conditions on project permits pursuant to the State Environmental Policy Act (SEPA), Chapter 43.21C RCW and WAC 197-11-600.

(b) Nothing herein shall be construed to restrict the county’s ability, to the extent otherwise permitted by law, to apply new regulations to a project permit or project permit application. [Ord. 1358, 2024; Ord. 1325 §1 (Att. C), 2021; Ord. 1269 §8, 2016]

(1) Consolidation. Whenever possible, the department shall consolidate review for all project permit applications related to the same proposal to provide an integrated process and avoid duplication. Consolidated permit processing should generally follow the review, approval process and time frame of the highest numbered permit type represented among the consolidated permits, except that processing may be halted as needed for lower permit types when waiting on higher type permit review steps or actions. Type V is considered the highest and Type I is considered the lowest.

(2) Applicant to Request Individual Review. Applicants may request individual review of project applications that otherwise would be consolidated. Processing such a request will occur at the discretion of the administrator.

(3) Combined Public Meetings or Open Record Hearings. A public meeting or open record hearing required by this chapter may be combined with any public meeting or open record hearing that may be held on the project by another local, state, regional, federal, or other agency, in accordance with the provisions of Chapter 36.70B RCW. [Ord. 1325 §1 (Att. C), 2021; Ord. 1269 §8, 2016]

(1) Project permit applications and planned actions subject to the provisions of SEPA, Chapter 43.21C RCW, shall be reviewed in accordance with the policies and procedures contained in Chapter 17.110 LCC and Chapter 197-11 WAC.

(2) To the maximum extent possible, SEPA review shall be combined and integrated in all project permit application processing. [Ord. 1325 §1 (Att. C), 2021; Ord. 1269 §8, 2016]

(1) No more than one open record public hearing shall be conducted for each project application, unless the application has been individually reviewed subject to LCC 17.05.100 or has been submitted as separate project permits.

(2) All hearing examiner hearings shall be conducted in accordance with LCC 2.25.120.

(3) All Type V governmental actions shall follow the public workshop and hearing procedures in Chapter 17.12 LCC. [Ord. 1340 (Exh. B), 2022; Ord. 1325 §1 (Att. C), 2021; Ord. 1269 §8, 2016]

(1) Time Frames. Staff shall make decisions on permits based on the time frames specified in Table 17.05-2, except as provided for in subsection (3) of this section. When the time frames have or will be exceeded, staff shall send a written letter to the applicant explaining why no decision on the permit has been made and the estimated time to issue a decision.

(2) Missing or Incorrect Information. At any point during the specified time frame for decision, the review authority may request, in writing, additional information or studies that are necessary to issue a decision and the time frame for decision shall be paused until the applicant submits all requested information.

(a) When additional information is requested, the applicant shall have 90 calendar days from the date of the written notification to submit all required information to the review authority.

(b) Upon submittal of all requested information the time frame for decision shall be continued.

(c) If the applicant does not submit all requested information within the 90-day period and does not request an extension pursuant to subsection (2)(d) of this section, then the permit application shall be denied.

(d) Prior to the end of the 90-day period, the applicant may request, in writing, an extension. The review authority may grant an extension if it is determined that the required information or studies warrants additional time. Extensions, cumulatively, shall not exceed 240 days. Financial hardship shall not be considered for extensions of deadlines. The time frame for decision shall remain paused during the extension(s) and shall continue upon submittal of all requested additional information.

(3) Hearing Examiner Time Frame. The time frame for decision for permits decided by the hearing examiner shall be based on the date of the public hearing. Pursuant to Chapter 2.25 LCC, the hearing examiner shall have 10 days following close of the hearing to render a decision, which may extend the time frame for decision to 180 days without a fee refund being required. Through mutual agreement by the applicant and the review authority, the hearing examiner may continue a hearing beyond the 170-day time frame without a fee refund being required.

(4) Exceptions. Exceptions to the time limits for decision include:

(a) Standalone project permits that are reviewed solely under the following titles of the Lewis County Code:

(i) LCC Title 8, Health and Safety.

(ii) LCC Title 12, Public Roads and Places.

(iii) LCC Title 13, Public Utilities.

(iv) LCC Title 15, Buildings and Construction.

(b) Project permit application decisions that are dependent upon amendments to the comprehensive plan or development regulations, in which case the amendment shall be processed first;

(c) Cases when significant project revisions have been made or requested by the applicant, which do not constitute new applications, in which case the time frame for decision will be restarted and calculated from the date that the department determines the revised application to be procedurally complete;

(d) Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to Chapter 43.21C RCW;

(e) Projects involving the siting of essential public facilities;

(f) Any remand to the public hearing body in Table 17.05-1 by the decision-making body; or

(g) Instances where an applicant has requested individual review of the application pursuant to LCC 17.05.100(2). [Ord. 1358, 2024; Ord. 1325 §1 (Att. C), 2021; Ord. 1269 §8, 2016]

(1) Timing. Whenever a final decision has been made that requires a notice of decision, the review authority shall issue the notice within seven days of the final decision.

(2) Content. The notice of decision shall include, at a minimum, the following information:

(a) The decision on the project permit application.

(b) Any SEPA threshold determination made pursuant to Chapter 43.21C RCW.

(c) The procedure for appeal, if any.

(d) A statement that the complete case file, including findings, conclusions and any conditions of approval, is available for review. The statement shall list the place, days and times when the case file is available and the name and telephone number of the department representative to contact about reviewing the file.

(e) The notice of decision may be a copy of the report or decision, if such report or decision contains the information required in this subsection (2).

(3) Distribution. The notice of decision shall be mailed to the following:

(a) The applicant.

(b) Any parties of record.

(c) Any agencies with jurisdiction over the project permit application or any agencies that commented on the project permit or legislative application.

(4) Exemptions. A notice of decision shall not be required for any project or legislative permit that does not require a notice of application. [Ord. 1325 §1 (Att. C), 2021; Ord. 1269 §8, 2016]

(1) Duration of Approval.

(a) All project permit approvals shall be valid for a period of three years, after which they shall automatically expire, unless otherwise stated.

(b) Preliminary approval of land divisions shall be valid for the period specified in RCW 58.17.140, after which it shall expire. Prior to expiration, a complete application for final plat approval meeting all the legal requirements and conditions of approval shall be made.

(c) Site development activity permits shall be subject to the duration and extension requirements set forth elsewhere within the code.

(2) Extensions.

(a) Phased Development Extensions. Type III and Type IV applications specifically and expressly approved for phased development may receive multiple two-year extensions from the phasing schedule in accordance with the criteria in subsection (2)(c) of this section, so long as at least one phase was given final approval within the two years prior to each such subsequent extension request. The first extension shall be processed as a Type I application; subsequent extensions shall be processed as a Type II application.

(b) Nonphased Development Extensions. Applications specifically approved for development may receive one one-year extension in accordance with the criteria in subsection (2)(c) of this section.

(c) Criteria for Extensions. The director may approve, approve with conditions, or deny any timely request for an extension based on the review of the following criteria. Extensions shall be processed as a Type I application.

(i) The extension request is submitted in writing at least 30 calendar days prior to the expiration of the permit or any prior extension approval;

(ii) The director finds there are no significant concerns presented with a granting of an extension, or those concerns can be adequately mitigated by minor revisions to the original approval;

(iii) The director finds that there is tangible progress being made; and

(iv) The director finds there are no significant changes in conditions which would render approval of the extension contrary to the public health, safety or general welfare.

(3) Effect of Expiration. Once a permit is expired, it cannot be used to support further development. New applications shall be subject to the regulations in effect at the time of the submittal of the application.

(4) Permit Denials. If a project permit application is denied, the department shall not accept a new application for substantially the same matter within one year from the date of the final county action denying the prior application, unless the denial was without prejudice, or in the opinion of the director, new evidence is submitted or conditions have changed to an extent that further consideration is warranted. [Ord. 1325 §1 (Att. C), 2021; Ord. 1269 §8, 2016]

(1) Any approval granted in accordance with the procedures of this chapter may be revoked if any one or more of the following grounds are established:

(a) The approval or permit was obtained by fraud.

(b) The use for which such approval or permit was granted is not being executed.

(c) The approval or permit granted is being, or recently has been, exercised contrary to the terms or conditions of such approval or permit, or in violation of any statute, resolution, code, law or regulation.

(d) The use for which the approval or permit was granted was so exercised as to be detrimental to the public health or safety, or to constitute a nuisance.

(2) The hearing examiner shall hold a hearing on any proposed revocation after giving written notice to the permittee and/or owners of property consistent with LCC 17.05.080. [Ord. 1325 §1 (Att. C), 2021; Ord. 1269 §8, 2016]

Appeals of Type I, II, III and IV proposals shall occur in accordance with the appropriate portion of LCC 2.25.130 or 2.25.140. [Ord. 1340 (Exh. B), 2022; Ord. 1325 §1 (Att. C), 2021; Ord. 1269 §8, 2016]

(1) Authority. Except as otherwise stated, the director is responsible for administering and interpreting the provisions of this title and those titles listed in LCC 17.05.030, as well as Lewis County county-wide planning policies, and Lewis County comprehensive plan. However, approval authority rests with various entities based on permit type, as identified in Table 17.05-1.

(2) Third Party Review. At any point during review of an application, the department may require, or the applicant may request, third party review in cases where additional professional or technical expertise is required due to scale or complexity and/or in cases where independent review is deemed necessary. The time frame for decision shall be paused during third party review. The time frame for decision shall continue at the completion of third party review and submission of all required additional information that results from third party review. All third party review shall occur at the applicant’s expense.

(3) Interpretation.

(a) Director’s Administrative Interpretation. The director may initiate a code interpretation whenever necessary and the interpretation will be made available pursuant to this chapter.

(b) Director’s Informal Interpretation. The director may respond to informal inquiries from the public regarding code provisions in terms of applicability and interpretation prior to and outside of the context of a specific project permit application. These requests are neither subject to appeal nor binding on the department.

(c) Director’s Formal Interpretation. Any person(s) may submit a formal request for a code interpretation from the director and the interpretation will be made available by the department pursuant to this chapter. Formal director interpretations are Type I applications and may be appealed. A fee based on LCC Title 18 shall be assessed.

(d) Permanent Record. All code interpretations and hearing examiner decisions on such interpretations shall be retained by the department. Further, they may be prioritized and considered in the next applicable code update. Code interpretations shall be made available to the public and available for inspection. [Ord. 1358, 2024; Ord. 1325 §1 (Att. C), 2021; Ord. 1269 §8, 2016]

The Lewis County schedule of fees is established by local resolution on file with the board of county commissioners and codified under LCC Title 18. [Ord. 1325 §1 (Att. C), 2021; Ord. 1269 §8, 2016]

Refunds for permits subject to this chapter shall occur in accordance with the Lewis County schedule of fees established by local resolution on file with the board of county commissioners and codified under LCC Title 18 or shall occur if the time frame for decision is exceeded. If a time frame for decision is exceeded, a refund shall be issued to the applicant based on the schedule found in Table 17.05-3. Refunds are not required for any application determined to be procedurally complete after the review authority has instituted three of the options listed under RCW 36.70B.160(1)(a) through (j).

[Ord. 1358, 2024; Ord. 1325 §1 (Att. C), 2021; Ord. 1269 §8, 2016]

(1) It shall be unlawful for any person, firm, corporation, or association, or agent thereof, to violate any provision of this title.

(2) Each violation of the provisions of this title or the provisions of any regulation, order, permit or ruling promulgated pursuant thereto shall constitute a civil infraction. Infractions shall be processed according to the provisions of Chapter 1.20 LCC and subject to the penalties of that chapter. In addition, any violation of the provisions of this title or the provisions of any regulation, order, permit or ruling promulgated pursuant thereto shall be a misdemeanor. Each violation shall constitute a separate offense for each and every day or portion thereof during which the violation is committed, continued, or permitted.

(3) The provisions of this chapter are in addition to or as an alternative to, and not in lieu of, any other penalty, sanction or right of action provided in this title or by law, including a civil action in superior court. The initiation of a civil infraction or a civil action does not preclude initiation of criminal proceedings or the denial of any permit for violation of this title. [Ord. 1269 §9, 2016; Ord. 1192 §1, 2006]

Any violation of the provisions of this title or any order, permit, or ruling made in connection with administration or enforcement of this title is a public nuisance and the Lewis County prosecuting attorney may institute an action in superior court to prevent, restrain, correct or abate the violation(s). The court shall adjudge to the plaintiff such relief, by way of injunction or otherwise, as may be proper in order to fully effectuate the purposes of this title and of the regulations adopted and orders and rulings made pursuant thereto. [Ord. 1269 §9, 2016; Ord. 1192 §1, 2006]

Any person subject to the regulatory provisions of this title who violates any provision of this title or the provisions of a permit issued pursuant thereto shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area, within a reasonable time, to its condition prior to such violation. The Lewis County prosecuting attorney shall bring suit for damages under this section on behalf of the county. [Ord. 1269 §9, 2016; Ord. 1192 §1, 2006]

Certain terms and words used in this title are defined as follows:

(1) Words used in the present tense include the future; words in the singular number include the plural number, and words in the plural number include the singular number; the word “building” includes the word “structure” and the word “shall” is mandatory and not directory.

(2) Words defined within the Growth Management Act shall have the meanings in RCW 36.70A.030, as hereafter amended, unless otherwise noted.

(3) Words defined in WAC 365-190-030 shall have the meanings in that section, as hereafter amended, unless otherwise noted. [Ord. 1284 §1, 2018; Ord. 1271 §8, 2017; Ord. 1170B, 2000]

“Accessory building” means a detached subordinate building in which an accessory use is located.

“Accessory use” means a subordinate use which is customarily associated with or related to the primary uses of the premises, and which does not alter or change the character of the premises.

“Administrator” means the director of the community development department or his/her designee.

“Affordable housing” means residential housing that is rented by a person or household whose monthly housing costs, including utilities other than telephone, do not exceed 30 percent of the household’s monthly income. For the purposes of housing intended for owner occupancy, “affordable housing” means residential housing that is within the means of low- or moderate-income households.

“Agricultural activities” means conditions or activities which occur on a farm in connection with the commercial production of farm and timber products and includes, but is not limited to, marketed produce at roadside stands or farm markets; noise; odors; dust; fumes; smoke; operation of machinery and pumps; movement, including but not limited to use of current county roads and ditches, streams, rivers, canals, and drains, and use of water for agricultural activities; ground and aerial application of seed, fertilizers, conditioners and plant protection products; storage of explosives, fuels, and chemicals used for agriculture subject to all applicable local, state, and federal regulations; on-site treatment of wastewater; employment and use of labor; roadway movement of equipment and livestock; protection from damage by wildlife; prevention of trespass; construction and maintenance of buildings, fences, roads, bridges, ponds, drains, waterways and similar features; maintenance of stream banks and watercourses; and conversion from one agricultural activity to another.

“Agricultural activities, existing ongoing” means those activities conducted on lands defined in RCW 84.34.020(2), and those activities involved in the production of crops and/or raising or keeping livestock. Agricultural activities include associated activities, including the operation and maintenance of farm and stock ponds, drainage ditches, operation and maintenance of ditches, irrigation systems including irrigation laterals, canals, or irrigation drainage ditches, and normal operation, maintenance, and repair of existing serviceable agricultural structures, facilities or improved areas, and the practice of aquaculture. Agricultural activities include, but are not limited to, growing mint, bulb farming, haying, growing blueberries, hybrid poplars, Christmas trees, and other nursery and horticultural activities which may involve any rotation, not otherwise classified as a forest practice. To assure preservation of agricultural land, the ability to switch from one crop or activity to another to meet market forces is essential and shall be considered “existing and ongoing agricultural” use when such conversions occur. Further, land devoted to agricultural purposes shall be considered existing and ongoing even if in-between crop activities are limited to haying or grazing. Land shall cease to be existing and ongoing agriculture if: (a) platted or otherwise developed for nonagricultural purposes; (b) converted to nonagricultural use; or (c) the land has lain idle for a period of longer than five years, unless the idle land is registered in a federal or state soils conservation program.

Forest practices not regulated under Chapter 76.90 RCW and WAC Title 222 are not included in this definition.

“Agriculture” means the use of land for horticulture, floriculture, viticulture, dairy, apiary, vegetable or animal products, or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish in upland hatcheries, or livestock, and the necessary accessory uses for packing, treating, or storing the product; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities. The retention of idle land that is registered in a federal or state soils conservation program and the activities identified in the definition for “agricultural activities, existing ongoing” in this section are also considered agriculture. Forest practices are not included in the definition. For the purposes of agricultural uses regulated under the voluntary stewardship program and the shoreline master program, the definitions in RCW 90.58.065 shall apply instead of this definition.

“Agritourism” means any activity carried out on a farm or ranch whose primary business activity is agriculture or ranching and that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities including, but not limited to: farming; ranching; historic, cultural, and on-site educational programs; recreational farming programs that may include on-site hospitality services (e.g., farm stays, restaurant, retail); guided and self-guided tours; petting zoos; farm festivals; corn mazes; harvest-your-own operations; hayrides; barn parties including weddings; horseback riding; fishing; and RV parks and camping.

“Aircraft landing area” means any locality, either on land, water, or structures including airports/heliports and intermediate landing fields, which is used, or intended to be used, for the landing and/or takeoff of aircraft.

“Airport,” for the purpose of Chapter 17.80 LCC, Airport Obstruction Zoning, means the Packwood Airport, Ed Carlson Memorial Airport, or Chehalis-Centralia Airport.

“Airport elevation,” for the purpose of Chapter 17.80 LCC, Airport Obstruction Zoning, means the highest point of an airport’s usable landing area measured in feet from sea level.

(a) For the Packwood Airport, this elevation is 1,053 feet above mean sea level.

(b) For the Ed Carlson Memorial Field Airport, this elevation is 375 feet above mean sea level.

(c) For the Chehalis-Centralia Airport, this elevation is 174 feet above mean sea level.

“Alteration,” as it relates to Chapter 17.38 LCC, Critical Areas, means a human-induced action which materially affects a regulated critical area, such as a physical change to the existing condition of land or improvements containing, but not limited to, construction, clearing, filling, and grading.

“Animal unit” means 1,000 pounds of live weight.

“Approach surface,” for the purpose of Chapter 17.80 LCC, Airport Obstruction Zoning, means a surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in LCC 17.80.040. The perimeter of the approach surface coincides with the perimeter of the approach zone.

“Approach, transitional, horizontal, and conical zones” for the purpose of Chapter 17.80 LCC, Airport Obstruction Zoning, are set forth in LCC 17.80.035.

“Approval authority” means the county agency or position charged with making a final decision on a permit. The approval authority may include, among others, the director of the community development department or his/her designee, the county hearings examiner, and all other officials charged with issuing discretionary permits in accordance with the terms of this title.

“Assisted living facilities, convalescent homes, retirement facilities and similar uses” means the following activities defined in state law - adult family homes, assisted living facilities, nursing homes, retirement communities - and other similar uses.

“Auctioneering activity” means the business of conducting auctions by an “auction company,” as defined in RCW 18.11.050.

“Average grade level” means the average of the natural or existing grade on that part of the lot to be occupied by the building or structure measured by averaging the grade levels at the extreme points or corners of the building or structure. [Ord. 1367 (Exh. C), 2025; Ord. 1292 §1, 2018; Ord. 1284 §1, 2018; Ord. 1210 §1 (Exh. 1, Att. C), 2009; Ord. 1170B, 2000]

“Bathroom” means a room that includes a toilet, sink and bathtub or shower. A room that includes only a toilet and sink is considered a half-bathroom.

“Battery energy storage facilities” means one or more battery cells for storing electrical energy in a battery energy storage system with a battery management system.

“Battery energy storage system” (BESS) means an energy storage system that can store and deploy generated energy, typically a group of batteries that charge (i.e., collect energy) and store electrical energy from the grid or energy generation facility and then discharge that energy at a later time to provide electricity or other grid services when needed. BESS generally consists of batteries, battery storage containers, on-site switchyards, inverters, associated interconnection transmission lines, and supervisory control and data acquisition systems.

“Battery energy storage system, major” means an energy storage system that has an aggregate energy capacity greater than one MWh or is comprised of more than one storage battery technology in a room or enclosed area.

“Battery energy storage system, minor” means an energy storage system that has an aggregate energy capacity less than or equal to one MWh and, if in a room or enclosed area, consists of only a single energy storage system technology.

“Bed and breakfast establishment” means any privately owned dwelling in which, for compensation, one or more persons, either individually or as families, are housed or lodged for periods of less than one month as transients with limited food service.

“Bed and breakfast inn” means a bed and breakfast establishment offering three or more sleeping units.

“Best management practices” means conservation practices or system of practices and management measures that:

(a) Maximize the economic return;

(b) Control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxics, and sediment;

(c) Minimize adverse impacts to surface water and ground water flow, circulation patterns, and to the chemical, physical, and biological characteristics; and

(d) Take into account site-specific conditions, including, but not limited to, soil, climate, topography, operator’s skills and abilities, and owner and/or operator’s goals.

Best Management Practices, Right to Farm. “Best management practices” or “generally accepted agricultural and management practices,” for the purpose of Chapter 17.40 LCC, Right to Farm, means sound, economically feasible farming techniques and practices as defined and/or recommended by the American Society of Agronomy, United States Department of Agriculture Soil Conservation Service, Washington State Cooperative Extension Service, and other professional or industrial agricultural organizations.

“Biosolids” means municipal sewage sludge or septage that is a primarily organic, semisolid product resulting from the wastewater treatment process, that can be beneficially recycled and meets all the requirements of 40 CFR Part 503, Subpart A (which establishes “standards and general requirements, pollutant limits, management practices, and operational standards for the final use or disposal of sewage sludge generated during the treatment of domestic sewage in treatment works”). Sewage sludge or septage which does not meet all the requirements of Part 503 cannot be referred to as biosolids.

“Bottled water” is water intended for human consumption and sealed in bottles or other containers. The definition of bottled water includes enhanced bottled water, a category of beverages marketed as water with added ingredients, such as natural or artificial flavors, sugar, sweeteners, vitamins, and minerals. The extraction of ground or surface water for bottled water and/or the facilities for producing bottled water is a major industrial development that is an inconsistent use within any designated rural area zoning district, resource lands, and Chapter 17.150 LCC.

Buffer - Geologically Hazardous Area. For the purpose of the geologically hazardous area section, a “buffer” is an area established to protect the integrity or functions and values of a geologically hazardous area from potential adverse impacts. For purposes of geologically hazardous areas, a “buffer” means an undisturbed area preserved to provide an assurance that activities that subject people or property to risk will be located out of the area of influence of landslides or similar geological hazards and for the protection of native vegetation to provide slope stability and reduce the risk of erosion.

Buffer - Stream, Wetland and Habitat Critical Areas. For purposes of the wetland, stream, and habitat critical area sections, a “buffer” means an undisturbed area of native vegetation that is contiguous to and provides an area for related ecological functions to take place including, but not limited to, the continued maintenance, functioning, and/or structural stability of the wetland, stream, and habitat and/or separates and protects the ecological functions from adverse impacts associated with nearby land uses and shall reflect the sensitivity of the resource and the type and intensity of human activity.

“Building” means any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind.

“Building height” means the vertical distance measured from the average elevation of the area occupied by the structure to the highest point of the structure; provided, that towers, spires, steeples, and cupolas erected as part of a building and not used for habitation or storage may exceed the maximum building height in any zoning district by 20 feet. [Ord. 1367 (Exh. C), 2025; Ord. 1315 §2, 2020; Ord. 1284 §1, 2018; Ord. 1170B, 2000]

“Cabin” means a recreational dwelling used for transient accommodations which may include separate kitchen, bedroom and bathroom facilities. Cabins may be factory assembled structures, constructed dwellings with foundations, yurts or similar recreational structures.

“Camper club” means a type of master planned resort where camping sites are leased by members of an organization, but the parcel or tract of land is under the ownership of the organization.

“Campground” means any parcel or tract of land under the control of any person, organization, or governmental entity where two or more camping sites are offered for transient accommodations for a fee.

“Campground, primitive” means a campground with a minimal level of amenities that does not provide power, water or septage connections at individual camping sites.

“Camping, dispersed” means camping outside of a designated campground where no services or amenities, such as power, water, septage or trash removal, are provided.

“Camping site” means a space or area within a recreational vehicle park or campground designated for recreational vehicles or tents.

“Cannabis production” means the growing and wholesaling of cannabis (aka marijuana) by any person or entity that holds a valid license issued by the Washington State Liquor and Cannabis Board under WAC 314-55-075 as now in effect or hereafter amended.

“Cannabis retailer” means a retail outlet that sells usable cannabis (aka marijuana), cannabis-infused products, and cannabis paraphernalia and is owned by any person or entity that holds a valid cannabis retailer license issued by the Washington State Liquor and Cannabis Board under WAC 314-55-079 as now in effect or hereafter amended.

“Cemetery” means a place used and dedicated for burial of deceased humans with one or a combination of the following elements: (a) burial plot or plots for earth interments; (b) mausoleum for crypt interments; (c) columbarium for permanent cinerary interments.

“Channel migration zone” means the area along a river or stream within which the channel can reasonably be expected to migrate over time as a result of normally occurring processes. It encompasses that area of lateral stream channel movement that can be identified by credible scientific information that is subject to erosion, bank destabilization, rapid stream incision, and/or channel shifting, as well as adjacent areas that are susceptible to channel erosion. For the purpose of this code, linear facilities parallel to the direction of flow, including roads and railroads and flood control levees permanently maintained by a public agency, may be considered to form the boundary of a channel migration zone.

“Child day care center” means a facility that provides early childhood education and early learning services to a group of children for periods of less than 24 hours.

“Classification,” as it relates to Chapter 17.38 LCC, Critical Areas, means defining the value and hazard categories to which critical areas will be assigned.

“Clearing” means destruction of vegetation by manual, mechanical, or chemical methods resulting in exposed soils.

“Closed record appeal” means an administrative appeal on the record to Lewis County, as defined under LCC 2.25.010(3).

“Clustering” means the placement of dwellings and accessory buildings in a pattern of development, which reduces impervious surface area, lowers cost of development and maintenance, and retains larger expanses of property available for agriculture, forestry, or continuity of ecological functions.

“Co-living” means a type of residential development with sleeping units that are independently rented and lockable and provide living and sleeping space, and residents share common area such as dining room, kitchen, lounges, meeting rooms, recreation or laundry facilities, storage, guest rooms, library, workshops, and/or childcare, to serve only the co-living community. Co-living includes co-housing, congregate housing, boarding house, lodging house, residential suites and similar types of housing.

“Commercial” activities are primarily for a business or retail purpose, including but not limited to selling, offering for sale, displaying, distributing, or providing of goods, merchandise, or services as well as any advertising, promotion, or conveying of information or materials related to such goods, merchandise, or services, together with associated transport, storage, assembly, and repair.

“Community center” means land and/or building(s) owned by a public agency or private nonprofit entity used for social, civic, educational, or recreational purposes, which mainly serves the community where it is located; including but not limited to community halls and centers, grange halls, senior citizen centers, teen centers, youth clubs, field houses, and churches. The facilities are available for occasional public meetings. They may also have the minimal kitchen facilities required for occasional banquets. Private clubs as defined in this title are not included.

“Compensatory mitigation project,” as it relates to Chapter 17.38 LCC, Critical Areas, means actions necessary to replace project-induced critical area and associated buffer losses and includes, but is not limited to, land acquisition, planning, construction plans, monitoring, and contingency actions.

“Complex, apartment” means a group of residential buildings containing apartment dwelling units, located within a single development or property, usually managed by a single company or owner.

“Composting” means the biological degradation and transformation of organic solid waste under controlled conditions designed to promote aerobic decomposition. Natural decay of organic solid waste under uncontrolled conditions is not composting.

“Confined animal feeding operation” means a lot or facility (other than an aquatic facility) where more than 300 animal units are confined and fed or maintained for a period of 45 days or more in any 12-month period, and in which crops, vegetation, forage growth or post-harvest residues are not sustained in the normal growing season.

“Conical surface,” for the purpose of Chapter 17.80 LCC, Airport Obstruction Zoning (RA), means a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20:1 for a horizontal distance of 4,000 feet.

“Consistent” or “consistency” means a project’s conformance with the county’s development regulations or, in the absence of applicable development regulations, the appropriate elements of the county comprehensive plan or subarea plans adopted under Chapter 36.70A RCW.

“Convenience grocery or fuels” means a store designed and intended to serve the daily or frequent needs of nearby residents or visitors. The store may sell nonfood items such as household supplies, gas, pharmaceuticals, and items for personal hygiene.

“Correctional facility” means a facility operated by a governing unit primarily designed, staffed, and used for the housing of adult persons serving terms not exceeding one year for the purposes of punishment, correction, and rehabilitation following conviction of a criminal offense. It does not include state or federal correctional facilities.

“Cottage housing” means three or more detached single-family dwelling units located on one legal lot and sharing one primary access point, when each unit does not exceed 1,000 square feet in floor area.

“Country inn” means a restaurant or restaurant/lounge facility designed to encourage a rural dining experience which is dependent upon a rural location for appropriate ambiance.

“County commission” means the county commission of Lewis County.

“Crisis housing, safe and shelter” means housing provided to people experiencing temporary or ongoing conditions of mental or physical health challenges, such as domestic violence, elder abuse, and child abuse. Homelessness is not included in this definition.

“Critical area functions” means the physical, chemical, biological and geologic processes or attributes of a critical area. For example, wetlands perform many valuable functions including: functions that improve water quality, functions that change the water regime in a watershed such as flood storage, and functions that provide habitat for plants and animals.

“Critical area values” means the critical area processes, characteristics or attributes that are valuable or beneficial to society.

“Critical facilities,” as they relate to Chapter 17.38 LCC, Critical Areas, include, but are not limited to, schools; hospitals; police, fire, and emergency response installations; nursing homes; public and private facilities, including water wells, storage tanks, wastewater treatment facilities and power distribution facilities; and installations which produce, use, or store hazardous materials or hazardous waste.

“Culturally or historically important lands or structures” means lands or structures on a recognized historic preservation list approved by state, federal, or city authorities.

“Cumulative impacts or effects” means the combined, incremental effects of human activity on ecological or critical area functions and values. Cumulative impacts result when the effects of an action are added to or interact with the effects of other actions in a particular place and within a particular time. It is the combination of these effects, and any resulting environmental degradation, that should be the focus of cumulative impact analysis and changes to policies and permitting decisions. [Ord. 1367 (Exh. C), 2025; Ord. 1348 (Exh. C), 2023; Ord. 1333 (Exh. A), 2022; Ord. 1284 §1, 2018; Ord. 1179, 2002; Ord. 1170B, 2000]

“Dangerous wastes” means those wastes designated in WAC 173-303-070 through 173-303-120 as dangerous or extremely hazardous or mixed waste. The words “dangerous waste” refer to the full universe of wastes regulated by Chapter 173-303 WAC and are used interchangeably with “hazardous waste.”

“Debris flow” means a rapidly down-slope-moving mass of a viscous water-saturated mixture of rock fragments, soil, and mud, with more than half of the particles being larger than sand size.

“Decision,” on a project permit, means the following:

(a) “Approved” means the project meets all applicable rules and requirements.

(b) “Approved with conditions” or “conditionally approved” means if the stated conditions are met and implemented the project will meet all applicable rules and requirements.

(c) “Denied” means the project does not meet all applicable rules and requirements; the applicant failed to provide requested evidence necessary to determine if the project meets all applicable rules and requirements; or the applicant has not satisfied the conditions of approval.

(d) “Final approval” means the final official action taken by the board of county commissioners, or the administrator, as applicable under the provisions of LCC Title 16, Subdivisions, on the proposed plat, subdivision or dedication or portion thereof as previously received preliminary approval.

(e) “Issued” means the review authority has provided the written permit, either electronic or hard copy, to the legally responsible party or their designated representative.

(f) “Preliminary approval” means the official written action approving a proposed division of land, pursuant to LCC Title 16, Subdivisions, when provision of improvements or fulfillment of conditions is to occur prior to final approval. The applicant shall be entitled to final approval when the conditions are met or improvements are provided.

“Density,” when referring to residential development, means a ratio comparing the number of dwelling units with land area, and is expressed as the number of residential dwelling units per acre of land in a residential development.

“Department” means the department of community development of Lewis County.

“Department,” for the purposes of Chapter 17.110 LCC, State Environmental Policy Act, means any division, subdivision, or organizational unit of the county established by ordinance, rule, or order.

“Detached accessory dwelling unit” means a separate and complete dwelling unit not attached in any way to the main or existing dwelling unit; designed for occupancy by a family.

“Detached bedroom” means a detached incidental structure containing a bedroom and may contain living and bathroom facilities. Detached bedrooms do not include kitchen facilities.

“Detention facility” means a facility operated by a governing unit primarily designed, staffed, and used for the temporary housing of adult persons charged with a criminal offense prior to trial or sentencing and for the housing of adult persons for purposes of punishment and correction after sentencing or persons serving terms not to exceed 90 days. It does not include state or federal detention facilities.

“Determination,” as it relates to Chapter 17.38 LCC, Critical Areas, means an action by an agency or individual qualified in the science of identification and delineation of a critical area to identify, characterize, and/or locate a critical area.

“Developed land” means the total land area of any lot of record which has a building, parking area, and/or structure for a permitted or special use except the following uses: agriculture as defined above; the growth, harvest, and management of timber; or mining.

“Development” means any activity that requires federal, state, or local approval for the use or modification of land or its resource. These activities include, but are not limited to, subdivisions, short subdivisions, and large lot subdivisions; binding site plans; planned unit developments; variances; shoreline substantial developments; clearing activities; excavation and grading; conditionally allowed activities; building or construction; revocable encroachment permits; and septic approval.

“Development standards” means a minimum requirement or maximum allowable limit on the effect or characteristics of the use or activity for which a piece of land or its buildings is designed, arranged, or intended, or for which it is occupied or maintained pursuant to the Lewis County Code.

“Disturbance area” refers to a region of land or habitat that has been altered by natural events or human activities, leading to changes in its physical, chemical, or biological properties. These disturbances can affect vegetation, soil, water, and wildlife, consequently impacting the ecological balance and health of the area.

“Dwelling, apartment” means a set of attached dwelling units with shared access from a common area, such as a hall, stairwell or courtyard.

“Dwelling, condominium” means a building, or group of buildings, in which dwelling units are individually owned, and common areas and facilities are owned by all the owners on a proportional, undivided basis.

“Dwelling unit” means one or more attached rooms designed for occupancy by a person or persons for living and sleeping purposes, containing kitchen and bathroom facilities and rooms with internal accessibility, for use solely by the dwelling’s occupants.

“Dwelling unit, accessory” means a dwelling unit located on the same lot as the primary dwelling unit.

“Dwelling unit, attached” means a dwelling unit that shares at least one wall with another dwelling unit. [Ord. 1367 (Exh. C), 2025; Ord. 1358, 2024; Ord. 1284 §1, 2018; Ord. 1170B, 2000]

“Early notice,” for the purposes of Chapter 17.110 LCC, State Environmental Policy Act, means the county’s response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant’s proposal (mitigated determination of nonsignificance (MDNS) procedures).

“Economic viability,” for the purposes of Chapter 17.30 LCC, Resource Lands, means profit (or return) can reasonably be expected to be high enough to justify the investment. The prudent investor will not invest in resource land activity unless there is a reasonable expectation of a competitive return on his investment. That is, the owner will expect to get all his investment back, plus at least the cost of investment capital, plus a management fee.

“Electric vehicle charging station” means a station that delivers electricity from a source outside an electric vehicle into one or more electric vehicles. An electric vehicle charging station may include several charge points simultaneously connecting several electric vehicles to the station and any related equipment needed to facilitate charging plug-in electric vehicles.

“Emergency amendment” means an amendment to the comprehensive plan completed outside of the periodic update or annual docket when it is deemed by the board of county commissioners that there is a threat to life and property under the current comprehensive plan. The process includes a moratoria or interim zoning control, public notice, and opportunity for public comment. Emergency amendments must follow WAC 365-196-640.

“Emergency housing” means temporary indoor accommodation for individuals or families who are homeless or at imminent risk of becoming homeless that is intended to address the basic health, food, clothing, and personal hygiene needs of individuals or families. Emergency housing may or may not require occupants to enter into a lease or an occupancy agreement.

“Erosion control” means on-site and off-site control measures that control conveyance and/or deposition of earth, turbidity or pollutants after development, construction, or restoration.

“Essential public facilities” means those facilities that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities as defined in RCW 47.06.140, state and local correctional facilities, solid waste handling facilities, and inpatient facilities, including substance abuse facilities, mental health facilities, behavioral health facilities, and group homes.

“Essential rural retail services” means services including grocery, pharmacy, hardware, automotive parts, and similar uses that sell or provide products necessary for health and safety, such as food, medication, sanitation supplies, and products to maintain habitability and mobility.

“Event center” means a facility that provides a venue to host reoccurring events such as concerts, theatrical performances, sporting events, exhibitions, shows, ceremonies, weddings or other similar activities. The facility may include both indoor and outdoor event space. The facility may include restaurant or retail uses, provided the restaurant or retail use is clearly accessory to the primary event use.

Extraction, Commercial. “Commercial extraction” means extraction of sand or gravel or both from a site when the primary purpose of extraction is to obtain the minerals for road construction, building construction, ready-mix, re-sale, or other uses in which the minerals will be processed.

“Extraordinary hardship,” as it relates to Chapter 17.38 LCC, means instances where the strict application of the chapter and/or programs would cause or create severe financial loss, unreasonable safety risk, or health harm to the party seeking the exception, waiver, or variance under this chapter. [Ord. 1367 (Exh. C), 2025; Ord. 1284 §1, 2018; Ord. 1179B §2, 2003; Ord. 1170B, 2000]

“FAA” means the Federal Aviation Administration.

“Family day care provider” means an establishment for group care of nonresident adults or children which is accessory to a single-family residence that is the abode of the person or persons under whose direct care and supervision the clients are placed. Day care consists of both adult day care and child day care facilities, licensed by the state. A maximum of 12 adults or children in any 24-hour period, including children who reside at home, are permitted.

“Farm” means the land, buildings, manure lagoons, ponds, freshwater culturing and growing facilities, and machinery used in commercial production of farm and agricultural products.

“Farm enhancement” means promoting proposed agricultural production by application of structural, cultural, and management practices, including eliminating safety hazards such as excessive grades.

“Farm product” means those plants and animals (and the products thereof) useful to human beings which are produced on farms and include, but are not limited to, forages and sod crops, grains and feed crops, dairy and dairy products, poultry and poultry products, livestock including breeding, grazing and feed lots, fruits, vegetables, flowers, seeds, grasses, nursery products, trees and forest products, including Christmas trees and timber, freshwater fish and fish products, rabbits, apiaries, equine and similar products, or any other product which incorporates the use of food, feed, fiber or fur.

“Farmland” means land or freshwater ponds devoted primarily to the production, for commercial purposes, of livestock, freshwater aquaculture or other agricultural commodities.

“Flood” or “flooding” means a general or temporary condition of partial or complete inundation of normal dry land areas from the overflow of inland waters and/or the unusual and rapid accumulation of runoff of surface waters from any source.

Flood - 100-Year Flood/Base Flood. “100-year flood” or “base flood” means the flood having a one percent chance of being equaled or exceeded in any given year. For purposes of this chapter, Lewis County adopts the Federal Emergency Management Act (FEMA) flood hazard classifications.

“Floor area” means the sum expressed in square footage of the gross horizontal area of the floor or floors of the building, measured from the exterior faces of the exterior walls, including elevator shafts and stairwells on each floor and areas having a ceiling height of seven feet or more, but excluding roofed areas open on two or more sides, areas having a ceiling height of less than seven feet and areas used exclusively for storage or housing of mechanical or central heating equipment.

“Floor area of a nonresidential building” (to be used in calculating parking requirements) means the floor areas of the specified use excluding stairs, washrooms, elevator shafts, maintenance shafts and rooms, storage spaces, display windows, and similar areas.

“Forest practice” means any activity conducted on or directly pertaining to forest land and related to growing, harvesting, or processing timber as defined in Chapter 222-16 WAC.

“Forest products” means products obtained from stands of forest trees which have been either naturally or artificially established.

“Forestry” or “forest industries” means growth, removal, harvesting, management, wholesaling, and retailing of forest vegetation including, but not limited to, timber, fuel wood, cones, Christmas trees, shrubs, ferns, berries, mistletoe, herbs, and mushrooms; as well as associated forest practices, including but not limited to storage of explosives, fuels, and chemicals used for forestry, subject to all applicable local, state, and federal regulations. [Ord. 1367 (Exh. C), 2025; Ord. 1284 §1, 2018; Ord. 1170B, 2000]

“Geothermal resources” includes the natural heat of the earth, the energy, in whatever form, below the surface of the earth present in, resulting from, or created by, or that may be extracted from, the natural heat, and all minerals in solution or other products obtained from naturally heated fluids, brines, associated gases and steam, in whatever form, found below the surface of the earth, exclusive of helium or oil, hydrocarbon gas or other hydrocarbon substances, but including, specifically:

(a) All products of geothermal processes, including indigenous steam, and hot water and hot brines;

(b) Steam and other bases, hot water and hot brines resulting from water, gas, or other fluids artificially introduced into geothermal formations;

(c) Heat or other associated energy found in geothermal formations; and

(d) Any by-product derived from them.

“Glare” means the effect produced by light with intensity sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

“Grocery store” means a place of business engaged in selling to the public items generally used in and around homes including foods, drinks, medical aids, school supplies, papers, magazines and other household items.

“Gross density” means the number of dwelling units per unit of area. Gross density shall be computed based on the total area of the parcel of record.

“Ground water” as used within this code means the definition in RCW 90.44.035, as hereafter amended. [Ord. 1367 (Exh. C), 2025; Ord. 1292 §2, 2018; Ord. 1284 §1, 2018; Ord. 1179, 2002; Ord. 1170B, 2000]

“Hazard to air navigation,” for the purpose of Chapter 17.80 LCC, Airport Obstruction Zoning, means an obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

“Hazard tree” means any tree that is susceptible to imminent fall due to its condition (damaged, diseased, or dead) or other factors, and which because of its location is at risk of causing personal injury or damaging a property’s permanent physical improvements.

“Hazardous substances” means any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical, or biological properties described in WAC 173-303-090 or 173-303-100.

“Hazardous waste” means and includes all dangerous and extremely hazardous waste as defined by RCW 70.105.010, and by Chapters 8.15, 8.20 and 8.45 LCC. Treatment of hazardous waste means, in addition to the meanings in Chapters 8.15, 8.20 and 8.45 LCC, the physical, chemical, or biological processing of dangerous waste to make such wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume.

“Hazardous waste treatment and storage facilities” means facilities that require an interim or final status permit from the Department of Ecology under the Dangerous Waste Regulations, Chapter 173-303 WAC, and permitting under Chapters 8.15, 8.20 and 8.45 LCC. This does not include hazardous waste incineration and land disposal facilities that are state preempted.

“Hearing examiner” means the hearing examiner of Lewis County.

“Height,” for the purpose of determining the height limits in all zones set forth in Chapter 17.80 LCC, Airport Obstruction Zoning, and shown on the approach and clear zone map, shall mean sea level elevation unless otherwise specified.

“Home-based business” means limited commercial activities within a dwelling unit; provided, that the business does not interfere with the residential character of the neighborhood through noise, traffic, over-sized vehicles, signs, other outward manifestation or safety hazards that may be generated. Home-based business may involve new structures and activity outside of the dwelling units. Home-based business may also be referred to as “cottage industry” or “home based industry.”

“Horizontal surface,” for the purpose of Chapter 17.80 LCC, Airport Obstruction Zoning, means a horizontal plane 150 feet above the established airport elevation, the perimeter of which plane coincides with the perimeter of the horizontal zone.

(a) For the Packwood Airport, this horizontal plane is 1,203 feet above mean sea level.

(b) For the Ed Carlson Memorial Field Airport, this horizontal plane is 525 feet above mean sea level.

(c) For the Chehalis-Centralia Airport, this plane is 324 feet above mean sea level.

“Hostel” means a simple basic structure that serves as a safe, short-stay, low-cost accommodation for transient people of all ages from this country and abroad.

“Hotel” or “motel” means a group of attached or detached buildings for the temporary use by tourists and transients, which contain individual sleeping units, with or without cooking or kitchen facilities, with at least one parking space for each unit that is located on the same premises. The term includes auto courts, tourist courts, motor lodges, and resort cabins.

“Hydric soil” means a soil that is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part. The presence of a hydric soil shall be determined following the methods described in the approved federal wetland delineation manual and applicable regional supplements. [Ord. 1367 (Exh. C), 2025; Ord. 1292 §3, 2018; Ord. 1284 §1, 2018; Ord. 1170B, 2000]

“Impervious surface” means a hard surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development or that causes water to run off the surface in greater quantities or at an increased rate of flow compared to natural conditions prior to development. Common impervious surfaces may include, but are not limited to, rooftops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled macadam or other surfaces which similarly impede the natural infiltration of stormwater.

“Industrial” means activities pertaining to the creation, fabrication, alteration, combination, manufacture, or assembly of products for sale at wholesale or retail, and includes storage, transportation, and sales associated with the process or products.

“Infiltration” means the downward entry of water into the immediate surface of soil.

“In-kind compensation” means to replace critical areas with substitute areas whose characteristics and functions mirror those destroyed or degraded by a regulated activity.

“Isolated wetland” means a wetland that is hydrologically isolated from other aquatic resources, as determined by the United States Army Corps of Engineers (USACE). Isolated wetlands may perform important functions and are protected by state law (Chapter 90.48 RCW) whether or not they are protected by federal law. [Ord. 1284 §1, 2018; Ord. 1170B, 2000]

“Junk” means old iron, steel, brass, copper, tin, lead, or other base metals; old cordage, ropes, rags, fibers, or fabrics; old rubber; old bottles or other glass; bones; waste paper, plastic and other waste or discarded material which might be prepared to be used again in some form; any or all of the foregoing; and motor vehicles, no longer used as such, to be used for scrap metal or stripping of parts; but “junk” shall not include materials or objects accumulated by a person as by-products, waste or scraps from the operation of his/her own business or materials or objects held and used by a manufacturer as an integral part of his/her own manufacturing processes.

“Junkyard” means a property or portion thereof that is used for storage of junk. [Ord. 1367 (Exh. C), 2025; Ord. 1284 §1, 2018; Ord. 1170B, 2000]

“Kitchen” means a room or space with a sink, refrigerator, oven/stovetop and other appliances used for cooking. A room or space with a sink and refrigerator, but with no oven/stovetop is not considered a kitchen. [Ord. 1367 (Exh. C), 2025]

“Larger than utility runway,” for the purpose of Chapter 17.80 LCC, Airport Obstruction Zoning, means a runway that is constructed for and intended to be used by propeller-driven aircraft of greater than 12,500 pounds maximum gross weight and jet-powered aircraft. This definition shall only apply to the Chehalis-Centralia Airport.

Loading Space, Off-Street. “Off-street loading space” means space logically and conveniently located for bulk pickups and deliveries, scaled to delivery trucks, expected to be used and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading spaces are not to be included as off-street parking space in computation of required off-street parking space. All off-street loading spaces shall be located totally outside of any street or alley right-of-way.

“Lodging unit” means a building or portion thereof made available to the public for transient accommodations, and individually designated by number, letter, or other means of identification. Hotels, motels, bed and breakfasts and short-term rentals are considered lodging.

“Lot clustering” means a method of aggregating permitted densities on smaller tracts or area within a larger defined area for the purpose of creating economical building lots with spatially efficient sizes, reducing development cost, increasing energy efficiency and reserving areas of land that are suitable for agricultural, forestry, open space, or other future-approved development purposes.

“Lot coverage” means the percent of a lot or parcel which is, or will be, covered by structures.

“Lot, parent” means a lot which is subdivided into unit lots through a subdivision process.

“Lot, unit” means a subdivided lot, that allows for individual ownership of at least one primary dwelling unit, created from a parent lot and approved through the unit lot subdivision process. [Ord. 1367 (Exh. C), 2025; Ord. 1348 (Exh. C), 2023; Ord. 1284 §1, 2018; Ord. 1170B, 2000]

“Manufacturing” means establishments engaged in the mechanical or chemical transformation of materials or substances into new products including the assembling of component parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins, or liquors.

“Marijuana processing” means converting harvested marijuana into usable marijuana and marijuana-infused products by any person or entity that holds a valid marijuana processor license issued by the Washington State Liquor and Cannabis Board under WAC 314-55-077 as now in effect or hereafter amended.

(a) “Type 1 marijuana processing” means marijuana processing as provided under WAC 314-55-077 that is limited to drying, curing, trimming, and packaging marijuana for retail sale.

(b) “Type 2 marijuana processing” means marijuana processing as provided under WAC 314-55-077 that extracts concentrates, infuses products, or involves the mechanical and/or chemical processing in addition to or instead of drying, curing, trimming, and packaging for retail sale.

“Microbrewery” means producing less than 15,000 barrels annually; “micro-distillery” means producing less than 60,000 gallons annually; “micro-winery” means producing less than 99,999 liters annually; “micro-cidery” means producing less than 60,000 barrels annually.

“Mining” means quarrying or extraction of material including but not limited to sand, gravel, rock, clay, coal and valuable metallic and nonmetallic substances from the earth and associated exploitation, primary reduction, treatment, and processing of minerals or materials, together with the necessary buildings, structures, apparatus, or appurtenances on said property where at least one of the major mineral or material constituents being exploited is from said property, including, but not limited to, concrete hatching, asphalt mixing, brick, tile, terra-cotta, and concrete products, manufacturing plants, and rock crushers and the use of accessory minerals and materials from other sources necessary to convert the minerals and materials to marketable products.

“Miscellaneous or future marijuana uses” are marijuana activities other than marijuana production, processing, and retail.

(a) If any future marijuana activity regulated under Chapter 314-55 WAC, now or as hereafter amended or replaced, falls outside of the definitions of marijuana retailer, production, or processing herein, such activity shall be subject to this title’s provisions pertaining to marijuana uses to the extent possible, except as otherwise specified in this section.

(b) Persons growing medical marijuana solely for their own use (including members of a medical marijuana cooperative under WAC 314-55-410 et seq., now or as hereafter amended) shall be treated as a noncommercial greenhouse use under this title instead of as marijuana production or processing, so long as the marijuana activity complies with applicable state law and does not include any solvent- or CO2-based extraction. If the marijuana activity fails to comply with applicable state law and/or includes solvent- or CO2-based extraction, it shall be regulated as marijuana production or processing, as appropriate under this title.

“Mitigation” means actions taken to replace, compensate for, or enhance critical area functions impacted by a land use development permitted under this chapter. Mitigation may include individual actions or a combination of actions that follow mitigation sequencing in LCC 17.38.080(2) and generally fall into the following categories: protection/maintenance, enhancement, restoration, or creation.

Mitigation - Creation (Establishment). “Creation,” as it relates to Chapter 17.38 LCC, Critical Areas, means the manipulation of the physical, chemical, or biological characteristics of a site where the resource did not previously exist. Establishment results in a gain in area. For example, activities related to wetlands typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils, and support the growth of hydrophytic plant species.

Mitigation - Enhancement. “Enhancement,” as it relates to Chapter 17.38 LCC, Critical Areas, is the manipulation of the physical, chemical, or biological characteristics of a site to heighten, intensify, or improve specific ecologic function(s) or to change the growth stage or composition of the vegetation present. Enhancement projects result in a change in some ecological functions and can lead to a decline in other ecological functions, but do not result in a gain in overall area. Enhancement activities related to wetlands typically consist of planting vegetation, controlling nonnative or invasive species, modifying a site to influence hydroperiods, or some combination of these activities.

Mitigation - Protection/Maintenance (Preservation). “Protection/maintenance,” as it relates to Chapter 17.38 LCC, Critical Areas, means removing a threat to, or preventing the decline of, critical area conditions by an action in or near the area. This includes the purchase of land or easements, or, in the case of wetlands, projects to repair water control structures or fences. Preservation does not result in a gain of critical area acreage.

Mitigation - Restoration. “Restoration,” as it relates to Chapter 17.38 LCC, Critical Areas, means the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning the area to its natural or historical functions. For the purpose of tracking net gains in critical areas acreage, restoration is divided into re-establishment and rehabilitation.

(a) Re-establishment results in a gain in critical areas acres (and functions). Examples of re-establishment activities that are related to wetlands include removing fill material, plugging ditches, or breaking drain tiles, among others.

(b) Rehabilitation results in a gain in ecological function but does not result in a gain in critical area acreage. Rehabilitation activities related to wetland mitigation may involve breaching a dike to reconnect wetlands to a floodplain or other similar projects.

“Mobile food unit” means a readily movable food establishment. This includes mobile food trucks, trailers and mobile restaurants.

“Mobile home” or “manufactured home” means a detached single-family dwelling unit as defined and regulated under Chapter 15.25 LCC.

“Mobile home park” means any parcel or adjacent parcels of land as defined and regulated under Chapter 15.30 LCC.

“Modular/manufactured home” means a structure constructed off site and assembled on site which conforms to IBC requirements.

“Multifamily development” means three or more dwelling units on one lot of record whether or not attached.

“Multifamily dwelling” means a single building containing three or more attached dwelling units. [Ord. 1367 (Exh. C), 2025; Ord. 1284 §1, 2018; Ord. 1271 §8, 2017; Ord. 1170B, 2000]

“Native vegetation” means plant species which are indigenous to the site in question.

“Nonconforming structure” means a building or structure, or portion thereof, which was lawfully erected and maintained prior to the adoption of these regulations, but which does not conform to the regulations of the zone in which it is located.

“Nonconforming use” means a use of land which was lawfully established and maintained prior to the adoption of these regulations, but which does not conform to the regulations of the zone in which it is located.

Nonconforming Use, Airport Obstruction Zoning. “Nonconforming use” for the purpose of Chapter 17.80 LCC, Airport Obstruction Zoning, means any preexisting structure, object of natural growth, or use of land which is inconsistent with the provisions of the chapter or an amendment thereto.

“Nonprecision instrument runway,” for the purpose of Chapter 17.80 LCC, Airport Obstruction Zoning, means a runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned. This definition shall only apply to the Chehalis-Centralia Airport.

“Nuclear reactor” is defined as a facility where nuclear fission reaction occurs. A nuclear facility includes an area, structure, or activity related to nuclear operations, ensuring safe operations and compliance with safety standards. The U.S. Nuclear Regulatory Commission (NRC) regulates nuclear reactors to ensure safety and environmental protection.

“Nuclear reactor, micro,” also known as microreactors, are compact nuclear reactors that can generate up to 20 megawatts of thermal energy. They are a subcategory of small modular reactors (SMRs) and are designed to generate electricity on a smaller scale than traditional nuclear reactors. [Ord. 1367 (Exh. C), 2025; Ord. 1284 §1, 2018; Ord. 1170B, 2000]

“Obstruction,” for the purpose of Chapter 17.80 LCC, Airport Obstruction Zoning, means any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in LCC 17.80.040.

“Open record appeal hearing” means a hearing defined under LCC 2.25.010(9).

“Open record hearing” means a hearing as defined under LCC 2.25.010(9).

Open Space. As used within this title, “open space” shall have the same definition as in LCC 16.04.185. “Open space” should not be confused with the “open space land,” “open space agricultural,” or “open space timber” designations, which are tax designations assigned by the county under Chapter 3.50 LCC and Title 84 RCW. Such tax designations may be secured in any zone under this title and may be granted, amended, or deleted as provided in the applicable tax code and regulations.

“Ordinance,” for the purposes of Chapter 17.110 LCC, State Environmental Policy Act, means the ordinance, resolution, or other procedure used by the county to adopt regulatory requirements.

“Ordinary high water mark (OHWM)” on all lakes and streams means that mark which is found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland in respect to vegetation as that condition exists on June 1, 1971, or as it may naturally change thereafter; provided, that for:

(a) Lakes, where the ordinary high water mark cannot be found, it shall be the line of mean high water;

(b) Streams, where the ordinary high water mark cannot be found, it shall be the line of mean high water. For braided streams, the ordinary high water mark is found on the banks forming the outer limits of the depression within which the braiding occurs.

“Organic materials” means materials derived from living organisms, including vegetative food processing residue; food residuals; agricultural residuals; compostable products; nonrecyclable compostable paper; clean wood; or landscaping residue. It does not include biosolids.

“Organic materials composting facility” means structure(s) and/or premises designed, intended to be used, or used to conduct composting. “Composting facility” includes small composting facilities, large composting facilities, agricultural composting facilities, and organics consolidation facilities or operations. “Composting facility” does not include any structure or premises at which only individual residential use composting is conducted or land upon which finished or matured compost is applied.

“Outpatient treatment center” means a facility that provides medical or mental health services to individuals who do not require overnight accommodation. Includes clinics offering counseling, physical rehabilitation, and routine diagnostic services. Excludes hospitals, residential treatment centers, and urgent care centers providing emergency medical services.

“Owner of record” for notice purposes means the person or entity listed on the public records of the Lewis County auditor for the tax parcel(s) in question as of the date of application. [Ord. 1367 (Exh. C), 2025; Ord. 1284 §1, 2018; Ord. 1170B, 2000]

Parcel. For “parcel” see “contiguous land” definition at LCC 16.04.178.

“Park” means private or public areas of land that are designated for active or passive recreational uses. The areas may include buildings, athletic fields, and spectator seating facilities.

Parking Space, Off-Street. “Off-street parking space” means, for the purpose of this title, an area that:

(a) Is located totally outside of any street, alley, or public right-of-way;

(b) Is adequately sized to park an automobile, with room for opening doors on both sides of the vehicle; and

(c) Is sited appropriately to offer sufficient maneuvering room and access to a public street or alley.

“Permanent supportive housing” means subsidized, leased housing with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal history, and personal behaviors. Permanent supportive housing is paired with on-site or off-site voluntary services designed to support a person living with a complex and disabling behavioral health or physical health condition who was experiencing homelessness or was at imminent risk of homelessness prior to moving into housing to retain their housing and be a successful tenant in a housing arrangement, improve the resident’s health status, and connect the resident of the housing with community-based health care, treatment, or employment services.

“Permitted use” means a principal use of a site allowed as a matter of right in conformance with applicable zoning, building, and health codes, and not subject to special review or conditions under this title beyond those specifically set forth in zoning district regulations.

“Person” means an individual, firm, copartnership, association, corporation, or other legal entity, including any federal, state, or local municipal corporation, agency, or special purpose district.

“Planning commission” means the planning commission of Lewis County.

“Primary surface,” for the purpose of Chapter 17.80 LCC, Airport Obstruction Zoning, means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; for military runways or when the runway has no specially prepared hard surface or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in LCC 17.80.035. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

“Priority habitat and species database” means the database for the Washington Department of Fish and Wildlife Priority Habitats and Species Program, which provides the following products:

(a) Lists of the Washington Department of Fish and Wildlife’s most important habitats and species;

(b) Management recommendations for each priority habitat and species; and

(c) Maps showing the geographic location of priority habitats and species.

“Priority habitats” means areas associated with a species listed as endangered, threatened or sensitive by the Washington Department of Fish and Wildlife Priority Habitat and Species Program and which, if altered, may reduce the likelihood that the species will maintain or increase its population over the long term.

“Priority species” means animal species listed by the Washington Department of Fish and Wildlife Priority Habitats and Species Program that are of concern due to their low population and/or their sensitivity to habitat manipulation.

“Professional office” means a room or group of rooms used to conduct the business of a profession, business, service, government, or other organization, but excluding those uses which are primarily retail or wholesale in nature that have offices as part of their operation.

“Professional service” means any type of personal service to the public which requires as a condition precedent to the rendering of such service the obtaining of a license or other legal authorization and which prior to the passage of this chapter and by reason of law could not be performed by a corporation, including, but not by way of limitation, certified public accountants, chiropractors, dentists, osteopaths, physicians, podiatric physicians and surgeons, chiropodists, engineers, architects, veterinarians and attorneys-at-law.

“Prohibited use” means a use that is not allowed to be constructed or developed; provided, that existing uses may be continued as provided in Chapter 17.155 LCC, Nonconforming Uses and Parcels.

“Project permit” or “project permit application” means any land use or environmental permit or license required from Lewis County for a project action, including but not limited to building permits, subdivisions, binding site plans, planned unit developments, special use permits, shoreline substantial project permits, variances, lot consolidations, site plan reviews, permits, or approvals required by critical area ordinances, site-specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations except as otherwise specifically included in this definition.

“Public meeting” means an informal meeting, hearing, workshop, or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit or legislative action prior to the local government’s decision. A public meeting may include, but is not limited to, a meeting of a special review district, a community council meeting, or a scoping meeting for a draft environmental impact statement. A public meeting does not include an open record hearing. The proceedings of a public meeting may be recorded and a report or recommendation may be included in the county’s official file.

“Public recreation” means those recreation facilities developed and maintained by any department or branch of the federal, state or local government, or special purpose district, and used for public recreational purposes.

“Public sewer” means, for land use planning purposes, a system intended to dispose of sewage that meets the definition in LCC 8.40.040.

“Publicly accessible” or “public access” means an area, space or facility that is open and easily accessible to the general public for use without a fee. [Ord. 1367 (Exh. C), 2025; Ord. 1284 §1, 2018; Ord. 1170B, 2000]

“Qualified critical aquifer recharge area (CARA) professional” means a Washington State licensed hydrogeologist, geologist, or a professional engineer, with specific education and demonstrated professional competence related to ground water hazards.

“Qualified critical area professional” means a person, or a team of persons or organization with combined experience, education, and professional degrees and training pertaining to the critical area in question, and with experience in performing delineations, analyzing critical area functions and values, analyzing critical area impacts, and recommending critical area mitigation and restoration. The administrator may require professionals to demonstrate the basis for qualifications and shall make final determination as to qualifications. An unqualified professional who submitted a critical area report to Lewis County prior to January 1, 2026, may continue to submit critical area reports through December 31, 2030, subject to third-party review and associated fees as determined by the adopted fee schedule. A professional may be found to be unqualified if they consistently submit reports or assessments that do not meet industry standards or frequently contain egregious errors.

“Qualified floodplain professional” means a Washington State licensed engineer or land surveyor (for documentation of lowest-floor elevations only), with specific education and demonstrated professional competence related to flood hazard assessment and construction requirements.

“Qualified forester” means a person with a bachelor of science degree in forestry or the equivalent in post-secondary education and demonstrated two years’ work experience in forestry.

“Qualified geological hazard professional” means a Washington State licensed geologist, a licensed engineering geologist or a geotechnical engineer, or equivalent licensed engineer with specific education and demonstrated professional competence related to geologic hazards. For mine hazard assessments, a qualified professional must be a professional mining engineer or other professional engineer with demonstrated professional competence related to mine hazards. For foundation design for mine hazard areas, a qualified professional must be a professional engineer with demonstrated professional competence related to foundation design.

“Qualified habitat conservation professional” means a person with a bachelor of science degree in wildlife biology, ecology, fisheries, or closely related field and demonstrated two years’ professional experience related to the subject species/habitat type.

“Qualified wetlands professional” means either:

(a) A person with a bachelor’s degree in biology, ecology, soil science, botany, or a closely related scientific field, who maintains a wetland certification from an accredited program, such as professional wetland scientist (PWS) through the Society of Wetland Scientists, and has a minimum of two years’ experience delineating wetlands using the most current Army Corps of Engineers and Washington State Department of Ecology methods for the Pacific Northwest; or

(b) A person with a minimum of four years’ experience completing wetland assessments and delineations, using the most current Army Corps of Engineers and Washington State Department of Ecology methods for the Pacific Northwest, under the direct supervision of a qualified wetland professional who meets the criteria of subsection (a) of this definition. [Ord. 1367 (Exh. C), 2025; Ord. 1284 §1, 2018]

“Reclamation” means the process of reconverting disturbed lands to their former use or other compatible uses.

“Recreation areas” are those areas: (a) within five air miles of national park/national forest; (b) within one air mile of Riffe Lake, Mayfield Lake, Mineral Lake, Carlysle Lake; (c) within one-half mile of the Cowlitz, Chehalis, Tilton, Skookumchuck, and Newaukum Rivers, and Lincoln and Winston Creeks, and (d) all state parks.

“Recreational facility, local” means a park facility that serves a local population and includes limited and basic recreational facilities such as playgrounds, trails, open space and ballfields.

“Recreational facility, regional” means a facility that attracts a regional clientele, such as country clubs and golf courses, sports complexes, and intensive commercial recreational uses such as a golf driving range, race track, an amusement park, a paintball facility, or a gun club.

“Recreational vehicle” means a vehicular-type unit primarily designed for recreational camping or travel use, certified as an RV by the Washington State Department of Labor and Industries. The units include travel trailers, fifth-wheel trailers, folding camping trailers, truck campers, park trailers and motor homes.

“Recreational vehicle park” means any parcel or tract of land under the control of any person, organization, or governmental entity where two or more camping sites are offered for recreational vehicle transient accommodations.

“Religious organization” means the federally protected practice of a recognized religious assembly, school, or institution that owns or controls real property.

“Religious use” means a structure or group of structures devoted to spiritual or moral teachings. Associated activities include personal social services to the community.

“Resource uses” are all primary and accessory uses defined in the county’s resource land ordinance, Chapter 17.30 LCC.

“Restaurant” means an establishment where food and beverages are prepared and served for consumption either on or off premises. The term shall include cafes, coffee houses, and dining rooms. Restaurants may include cocktail lounge and facilities for dancing and live entertainment of patrons; provided, that these activities are clearly accessory to food service; and provided further, that these activities are not expressly prohibited in a specific zone.

“Retirement and convalescent homes” is a residential arrangement where nonfamily members are brought together in a home or residential care facility which does not require state licensing.

“Road” means the entire width between the right-of-way lines of every way for vehicular traffic that has been dedicated, platted, or granted as an easement for that purpose on public or private lands. The term does not include an alley, drainage easement, or path, but is intended to include the primary right(s)-of-way to which properties have vehicular access.

“Rooming house” means any dwelling in which, for compensation, three or more persons, either individually or as families, are housed or lodged, with or without meals. A boarding house, lodging house, tourist home or furnished room house shall be deemed a rooming house. A rooming house with six or more sleeping units, occupied by transients, shall be deemed a hotel.

“Runway,” for the purpose of Chapter 17.80 LCC, Airport Obstruction Zoning, means a defined area on an airport prepared for landing and takeoff of aircraft along its length.

“Rural governmental services” means those governmental services historically and typically delivered at an intensity usually found in rural areas including but not limited to domestic water systems, fire and police facilities, and schools. Storm and sanitary sewers are typically not a rural governmental service unless located within an unincorporated urban growth area or otherwise authorized by RCW 36.70A.110(4). A complete definition is provided within the Growth Management Act (RCW 36.70A.030(17)). [Ord. 1367 (Exh. C), 2025; Ord. 1348 (Exhs. B, C), 2023; Ord. 1175 Ex. A, 2000; Ord. 1173 Ex. A, 2000; Ord. 1292 §§4, 5, 2018; Ord. 1284 §1, 2018; Ord. 1179, 2002; Ord. 1170B, 2000]

“Seat” means, for purposes of determining the number of off-street parking spaces for certain uses, the number of seats; or the number of seating units installed or indicated; or each 24 lineal inches of benches, pews, or space for loose chairs.

“Self-storage” means a facility where an individual stores personal belongings in rented stalls, bays or lockers and that is designed for self-service access.

Sensitive, Endangered, Threatened Species. Lewis County adopts the state classifications as set forth in WAC 232-12-001, 232-12-011, and 232-12-014.

“SEPA rules,” for the purposes of Chapter 17.110 LCC, State Environmental Policy Act, means Chapter 197-11 WAC adopted by the Department of Ecology as revised.

“Setback” means a distance from a fixed boundary, property line, or right-of-way as set forth in this title. A front setback is measured to the street or point of access. A side setback is measured to an abutting property on the same street or access. A rear setback is the side of the structure away from the street or point of access, and is measured to the nearest property line. A structure may have two front yards.

“Sewage sludge” means semisolid matter consisting of settled sewage solids combined with varying amounts of water and dissolved material, remaining after the completion of wastewater treatment.

“Short-term rental” means a lodging use, that is not a hostel, hotel, motel, cabin or yurt village, or bed and breakfast, in which a dwelling unit, or portion thereof, is offered or provided to a guest for a fee for fewer than 30 consecutive nights. “Short-term rental” does not include the following:

(a) A dwelling unit that is occupied by the owner for at least six months during the calendar year and in which fewer than three rooms are rented at any time.

(b) A dwelling that is rented on a month-by-month basis where the renter is required to sign a full month lease.

(c) A dwelling unit, or portion thereof, that is operated by an organization or government entity that is registered as a charitable organization with the Secretary of State, state of Washington, or is classified by the federal Internal Revenue Service as a public charity or a private foundation, and provides temporary housing to individuals who are being treated for trauma, injury, or disease, or their family members.

“Sign” means any communication device visible from any public right-of-way, bicycle or pedestrian path, or sidewalk such as a placard, billboard, display, structure, fixture, messages, design, or other device intended to identify, inform, advertise, or attract attention to any private or public premises to aid in promoting the sale of products, goods, services or events or to identify a building or place using graphics, letters, figures, illustration, symbols, trademarks or written copy. Excluded from this definition are official traffic, directional, or warning devices; other official public notices; signs required by law; or flag of government; painted wall designs or patterns that do not represent a product, service or trademark or that do not identify the user are not considered signs.

“Significant” means a reasonable likelihood of more than a moderate impact. The determination of the significance of the impact should consider the physical setting, the magnitude or duration of the impact, along with its chance of occurring.

“Single-family dwelling” means a building designed or used for residence purposes by not more than one family, and containing one dwelling unit only.

“Site area” means the measured square footage of any lot, tract, or parcel of land or contiguous lots for purposes of determining density.

“Sleeping unit” means the sleeping provisions and measure of density provided in co-housing. A sleeping unit in co-housing equals one-quarter of a one-dwelling unit. For example, in zoning where three dwelling units per lot are allowed, 12 sleeping units would be permitted.

“Small wind energy system (SWES)” means a wind energy conversion system which converts wind energy into electricity through the use of a wind turbine generator, and includes any of the following to accomplish this production: a wind turbine, rotor blades, tower, foundation, and associated control or conversion electronics, which has a rated capacity of not more than 25 kW, less than 120 feet high and which is intended to primarily reduce on-site consumption of utility power.

“Solar power production facilities” or “SPPF” means a utility on an area of land designated for the purpose of producing photovoltaic electricity with a nameplate capacity of over 100 kilowatts (100 kW) and includes, but is not limited to, an assembly of solar panels and solar equipment that converts sunlight into electricity and then stores and/or transfers that electricity. Solar power production facilities may include mechanical buildings and other uses that are typical to SPPF; however, offices and other commercial uses are prohibited.

“Solid waste disposal facilities or sites” means the location where any final treatment, unitization, processing, or deposition of solid waste occurs in accordance with Chapters 8.15, 8.20, and 8.45 LCC. For the purposes of this title, “interim solid waste handling sites” of the following types are included: transfer stations, baling and compaction sites, source separation centers, and treatment sites. Drop boxes which provide the general public with containers to collect materials to be recycled and household hazardous waste collection stations for transfer elsewhere are excluded, but are defined as transitory solid waste facilities. For the purposes of this title, three types of solid waste disposal facilities or sites are defined:

(a) Demolition materials, inert materials, limited purpose landfills and wood waste landfills.

(b) Sewage sludge when a unitization permit is issued by the Lewis County department of public health and social services in accordance with WAC 173-304-300, biosolids application when siting approval is given by the Washington State Department of Ecology in accordance with Chapter 173-308 WAC, and any application site for compost which comes under Lewis County environmental health division regulation and has received the appropriate permits.

(c) All other solid waste disposal facilities and sites of a permanent nature including, but not limited to, landfills, incinerators, and transfer stations, in accordance with Chapters 8.15, 8.20, and 8.45 LCC.

“Special use” means a use permitted only after “public” review and approved by the hearing examiner, and to which “special” conditions may be attached by the hearing examiner to address mitigation requirements by reason of the specific location of a proposed use.

“Sport center, outdoors” means outdoor spaces for active and passive recreation that are provided to the public, typically for a fee, including but not limited to golf courses, ball fields, tennis courts, swimming, bike trails, hiking trails, zip lines, and other similar uses and associated accessory uses and buildings such as a clubhouse, offices, bathrooms, picnic shelters, food stands, warming huts, etc.

“Standalone food or beverage manufacturing” means a food or beverage processing use that is not accessory or incidental to a primary underlying agricultural use. The use may include the assembly or manufacturing of packaging for the processed product. Processing or manufacturing uses that are accessory or incidental to a primary agricultural use are considered an “agricultural” use for the purpose of Chapter 17.42 LCC. “Standalone food or beverage manufacturing” does not include the extraction of ground or surface water for bottled water and/or facilities for producing bottled water.

“Standalone retail, sales, or professional services” means retail, sales or professional services uses that are not associated with a single-family structure.

“Storage, personal” means a space or structure used for storage of personal belongings, such as a garage or shed; not including junkyards.

“Stormwater management facilities” include measures to control stormwater flow and water quality, and may include, but are not limited to, ditches designed and intended primarily for conveyance, biofiltration swales, filter strips, bubble diffusers, detention ponds, retention ponds, wet ponds, and similar facilities.

“Streams” means those areas where naturally occurring surface waters flow sufficiently to produce a defined channel or bed which demonstrates clear evidence of the passage of water, including, but not limited to, bedrock channels, gravel beds, sand and silt beds, and defined-channel swales. The channel or bed need not contain water during the entire year. The definition does not include watercourses that were created entirely by artificial means, such as irrigation ditches, canals, roadside ditches, or storm or surface water runoff features, unless the artificially created watercourse contains salmonids or conveys a stream that was naturally occurring prior to the construction of the artificially created watercourse.

“Structure,” for the purpose of this title, means anything which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, but not including unroofed paved areas, fill, any vehicle, or any fence six feet or less in height.

“Structure,” for the purpose of Chapter 17.80 LCC, Airport Obstruction Zoning, means an object, including a mobile object, constructed or installed by persons, including but without limitation buildings, towers, cranes, smokestacks, earth formations, and overhead transmission lines.

“Supportive housing, permanent,” also known as “permanent supportive housing,” means subsidized leased housing, utilizing admissions practices with lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing and which is paired with on-site or off-site voluntary services.

“Supportive housing, shelter” also known as “emergency shelter,” means a facility that provides a temporary shelter for individuals or families who are currently homeless. Emergency shelters may not require occupants to enter into a lease or an occupancy agreement. Emergency shelter facilities may include day and warming centers that do not provide overnight accommodations. (RCW 36.70A.030(15))

“Supportive housing, transitional” also known as “transitional housing,” means a project that provides housing and supportive services to homeless persons or families for up to two years and that has as its purpose facilitating the movement of homeless persons and families into independent living.

“Surface mining” means the process or business of extracting materials, including but not limited to sand, gravel, shale, rock, coal, soil, peat, or clay, from an open excavation in the earth. This shall not include (a) excavation and grading at building construction sites where such construction is authorized by a valid building permit; or (b) excavation and grading in county road or state highway rights of way or in public or private streets for purposes of on-site road construction when the work has been authorized by the engineering division; or (c) excavation and grading for the purpose of developing ponds or manure lagoons where the amount excavated does not exceed 10,000 cubic yards and where the total time of material hauling does not exceed 45 calendar days; or (d) excavation and grading in connection with and at the site of any creek, river or flood control or storm-drainage channel for the purpose of enlarging the hydraulic capacity or changing the location or constructing a new channel or storm drain where such work has been approved by the Public Works Department; or (e) gravel bar scalping projects within the jurisdiction of the shoreline management program; or (f) minor excavation on less than three acres (cumulative) and less than 5,000 yards of excavated material per year. The administrator may be called upon to determine whether other activities similar to those identified fall within or without of the regulated activity. [Ord. 1367 (Exh. C), 2025; Ord. 1315 §1, 2020; Ord. 1292 §§6, 7, 2018; Ord. 1284 §1, 2018; Ord. 1253, 2014; Ord. 1170B, 2000]

“Tandem parking” is defined as having two or more vehicles, one in front of or behind the others with a single means of ingress and egress.

“Tasting room” includes both off-site tasting rooms operated by, and on-site tasting rooms operated at, a licensed distillery or craft distillery premises.

“Tent” means a temporary structure, enclosure or shelter, except a yurt, constructed of fabric or pliable material supported in any manner except by air or the contents it protects.

“Tiny home,” also called an “efficient dwelling unit,” means a dwelling unit having a total floor area of not less than 220 square feet and not more than 1,000 square feet and that contains a living space, a bathroom and kitchen facilities.

“Transient accommodations” means any facility such as a hotel, motel, bed and breakfast, resort, short-term rental, campground, RV park or any other facility or place offering lodging units or camping sites to guests for a fee for periods no longer than 28 consecutive days, except campground/RV parks which may offer camping sites for periods no longer than 210 consecutive days.

“Transitional surfaces,” for the purpose of Chapter 17.80 LCC, Airport Obstruction Zoning, means those surfaces that extend outward at 90-degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal surface.

“Tree,” for the purpose of Chapter 17.80 LCC, Airport Obstruction Zoning, means any object of natural growth.

“Trucking company” means a business that specializes in transporting goods by truck. [Ord. 1367 (Exh. C), 2025; Ord. 1348 (Exh. C), 2023; Ord. 1175 Ex. A, 2000; Ord. 1173 Ex. A, 2000; Ord. 1284 §1, 2018]

“Unit lot subdivision” means division of a parent lot into two or more unit lots within a development and approved through the unit lot subdivision process.

“Unsuitable land” means land exposed to a condition that may cause a hazard on structures or human activity if the land in question is developed.

“Use” means the purpose for which a property is occupied and utilized, which may include a variety of activities related to the use. Uses may be categorized according to a variety of systems, in a number of manners that emphasize shared characteristics; land use is typically classified in terms of agricultural, residential, commercial, industrial, etc.; uses may be characterized in terms of high, moderate, and low intensity based on characteristics that impact other uses or activities.

“Utility lines” means a pipe, conduit, cable, or other similar facility by which services are conveyed to the public or individual recipients. Such services shall include, but are not limited to, water supply, electrical power, gas, communications, and stormwater or sanitary sewer transport facilities.

“Utility runway,” for the purpose of Chapter 17.80 LCC, Airport Obstruction Zoning, means a runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight [Ord. 1367 (Exh. C), 2025; Ord. 1284 §1, 2018; Ord. 1170B, 2000]

“Village, cabin or yurt” means a group of residential structures, yurts, trailers or similar structures located on a single property, used collectively as lodging accommodations. Caretaker accommodations are considered accessory to the cabin or yurt village.

“Visual runway,” for the purpose of Chapter 17.80 LCC, Airport Obstruction Zoning, means a runway intended solely for the operation of aircraft using visual approach procedures.

“Voluntary stewardship program” means the program established under Chapter 36.70A RCW. [Ord. 1367 (Exh. C), 2025; Ord. 1348 (Exh. C), 2023; Ord. 1284 §1, 2018]

“Warehouse or warehousing” means facilities for storage of goods, machinery, and/or equipment in an enclosure.

“Watershed” means an area draining to the surface water systems of the Chehalis, Cowlitz, Deschutes, or Nisqually Rivers.

“Wedding venue” means an indoor or outdoor facility that is advertised for rent as a location to hold a wedding ceremony or reception. An event center that is advertised for rent including but not limited to wedding ceremonies or receptions shall be defined as an event center.

“Wellhead protection area” means the area (surface and subsurface) managed to protect ground-water-based public water supplies.

“Wetland mitigation bank” means a site where wetlands are restored, created, enhanced, or in exceptional circumstances, preserved, expressly for the purpose of providing compensatory mitigation in advance of unavoidable impacts to wetlands or other aquatic resources that typically are unknown at the time of certification to compensate for future, permitted impacts to similar resources.

“Wetland mosaic” means an area with a concentration of multiple small wetlands, in which each patch of wetland is less than one acre; on average, patches are less than 100 feet from each other; and areas delineated as vegetated wetland are more than 50 percent of the total area of the entire mosaic, including uplands and open water.

“Wetlands” are those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands.

“Wholesale use” means an establishment or place of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

“Wind farm” means a single wind turbine exceeding 120 feet in height above grade or more than one wind turbine of any size proposed and/or constructed by the same person or group of persons on the same or adjoining parcels.

“Wind turbine” means any machine used to produce electricity by converting the kinetic energy of wind to electrical energy. Wind turbines consist of the turbine apparatus and any other buildings, support structures or other related improvements necessary for the generation of electric power.

“Wind turbine total height” means the distance measured from the grade plane to the tip of the rotor blade when extended vertically to its highest point.

“Wireless communication facility”* means an unstaffed facility for the transmission and reception of radio or microwave signals used for commercial or governmental communications. Wireless communication facilities are composed of two or more of the following components: antenna, support structure, equipment enclosure, or security barrier.

“Woody biomass energy production” means the generation of heat, electricity, or biofuels from by-products of logging, forest management, ecosystem restoration, or hazardous fuel reduction treatments. [Ord. 1367 (Exh. C), 2025; Ord. 1284 §1, 2018; Ord. 1170B, 2000]

*Note: LCC 15.50.020 et seq. also define wireless communications facility.

Reserved.

Yard, Front. “Front yard” means an open space on a lot, between the road right-of-way, or point of access (front property line), and the requisite minimum front yard setback line. Where a lot lies at the corner of two or more roads, it shall have a front yard setback area extending back from each road right-of-way. If the exact location of the right-of-way is not known, it shall be assumed that the improved traveling surface of the road is in the center of the road right-of-way. If the width of the road right-of-way is not known, it shall be assumed to be the statutory 60 feet.

Yard, Rear. “Rear yard” means an open space on a lot, between the rear property line and the building closest to the rear property line. In the case of a lot with more than one road frontage the rear yard shall be deemed to be the yard abutting the shorter rear property line; the other yard shall be treated as a side yard. In cases of doubt, the administrator shall make the determination.

Yard, Side. “Side yard” means any yard that is not a front or rear yard.

“Yurt” means a round structure constructed of fabric or pliable materials supported by a wooden or metal frame on a foundation, platform or similar base and typically served by electricity, water, and/or septage. [Ord. 1348 (Exh. C), 2023; Ord. 1284 §1, 2018; Ord. 1253, 2014; Ord. 1170B, 2000]

Reserved.

The purpose of this chapter is to establish procedures for amending the comprehensive plan and the development regulations found in LCC Titles 16 and 17 and sets forth the responsibilities of the department of community development (“department”), the planning commission (“commission”), and final approval by the board of county commissioners (“board”). [Ord. 1340 (Exh. A), 2022; Ord. 1330 (Exh. A), 2021]

(1) This chapter applies to the following Type V governmental actions, which require a public hearing before the commission and a decision by the board:

(a) An amendment to a comprehensive plan goal or policy;

(b) An amendment to the comprehensive plan maps;

(c) An amendment to the shoreline master program;

(d) An amendment to the countywide planning policies; or

(e) An amendment to development regulations, including the zoning map.

(2) Each amendment type above is a legislative matter, except for a site-specific amendment to a comprehensive plan map or zoning map, which is a quasi-judicial matter.

(3) The board must adopt all amendments to the comprehensive plan simultaneously each year and may not adopt amendments more frequently than once per year, except for amendments that qualify for one of the following exceptions:

(a) The initial adoption of a subarea plan;

(b) Adoption or amendment of the shoreline master program under procedures set forth in Chapter 90.58 RCW;

(c) The amendment of the capital facilities element concurrent with adoption or amendment of the county budget;

(d) Amendments to development regulations consistent with the comprehensive plan and countywide planning policies;

(e) Amendments needed to resolve an appeal of the comprehensive plan filed with the Growth Management Hearings Board or the court; or

(f) Amendments necessary in cases where the board finds an emergency exists. [Ord. 1340 (Exh. A), 2022; Ord. 1330 (Exh. A), 2021]

An application for a site-specific comprehensive plan map and zoning map amendment is a quasi-judicial action as defined in RCW 42.36.010 and is subject to the appearance of fairness doctrine, Chapter 42.36 RCW. For all quasi-judicial amendments, the commission and board shall process the application in accordance with Chapter 42.36 RCW in addition to all other requirements of this chapter. [Ord. 1340 (Exh. A), 2022; Ord. 1330 (Exh. A), 2021. Formerly 17.12.060]

(1) Any person or entity may file an amendment to the items listed in LCC 17.12.020(1), except an amendment to an urban growth area boundary may be filed by only the following:

(a) The department;

(b) The commission or board; or

(c) A city or town council.

(2) The department encourages applicants for an amendment to request a preapplication meeting as provided under LCC 17.05.050 before formally filing an application. Except for quasi-judicial matters, the department or applicant may discuss proposals with the commission or board before an application is submitted. In quasi-judicial matters, no such discussion is permitted; all contact with the commission or board on quasi-judicial proposals must be on the record in writing or at a public meeting.

(3) Quasi-judicial amendments must be filed with the department on forms provided by the department on or before the last business day of December for inclusion on the following year’s docket, except an amendment to an urban growth area must be provided to the department on or before the last business day of March for inclusion on the current year’s docket.

(4) At a minimum for quasi-judicial amendment, the applicant must provide the following information:

(a) A completed application form signed by the owner(s) of the property, or properties, which is the subject of the application, except an amendment to an urban growth area. An application to amend an urban growth area shall be signed by the department, commission, board or city council.

(b) Parcel(s) identification number.

(c) A State Environmental Policy Act environmental checklist.

(d) Findings of fact against applicable Growth Management Act rules and relevant sections of the Lewis County Code and countywide planning policies.

(e) Any additional information, identified by the review authority, needed to provide the department with sufficient information about the proposal.

(5) An amendment, except those filed by the department, commission or board, must include all fees required by the adopted fee schedule. The Lewis County schedule of fees is established by local resolution on file with the board and codified under LCC Title 18.

(6) Where a development regulation amendment requires a comprehensive plan amendment, the department shall process both amendments simultaneously. State Environmental Policy Act review, when required, shall be combined and integrated with the underlying governmental action process.

(7) Docketing refers to the process of establishing and maintaining a list of proposals to amend comprehensive plans or development regulations administered by the department pursuant to the Washington State Growth Management Act (RCW 36.70A.470). Dockets are useful for providing information about amendment proposals that may be considered by the commission and board in advance of public hearings. The docket is established as follows:

(a) The department shall maintain a proposed docket for amendments to items listed in LCC 17.12.020(1).

(i) The department, commission or board may place an amendment on the proposed docket at any time.

(ii) The department shall place applicant-initiated or city-initiated amendments on the proposed docket, pending determination of completeness.

(b) The department will present the proposed docket to the commission at least once per year, on or about the first business day of January, and the commission may vote to adopt the docket.

(c) The commission may vote to add or remove items from the docket at any time. [Ord. 1340 (Exh. A), 2022; Ord. 1330 (Exh. A), 2021. Formerly 17.12.030]

(1) Quasi-judicial amendments, except an amendment to an urban growth area, must be received on or before the last business day of December to be added to the subsequent year’s docket. A city-proposed amendment to an urban growth area must be received on or before the last business day of March to be added to the current year’s docket.

(2) The department shall review applications for quasi-judicial amendments, except an amendment to an urban growth area, to determine if the application is complete as provided below:

(a) Within 28 calendar days after receiving an application, the department shall mail, electronically mail, or provide in person a written determination to the applicant, stating that either:

(i) The application is complete.

(ii) The application is incomplete and what is necessary to make the application complete.

(b) Incomplete or Incorrect Applications. When an application is determined to be incomplete or incorrect, the review authority shall identify, in writing, the specific requirements or information necessary to constitute a complete application.

(i) When additional information is required, the applicant shall have 90 calendar days from the date of the written notification of incompleteness to submit the required information to the department. Prior to the 90-day deadline, the applicant may request, in writing, an extension in order to provide the required information. The review authority may grant up to two three-month extensions if it is determined that the required studies or information warrants additional time. Financial hardship shall not be considered for extensions of deadlines.

(ii) If the applicant does not submit the required information within the 90-day period or does not request an extension, the project permit application shall automatically lapse. Lapsed applications will not be further processed. Resubmittal of lapsed applications shall be governed by the regulations in effect at the time of the resubmittal.

(iii) Upon submittal of the additional information, the review authority shall, within 14 calendar days, issue a letter of completeness or, in accordance with subsection (2)(b) of this section, identify what additional information is required.

(iv) If an application is not determined to be complete by the first business day of April and has not lapsed, the department shall move that application for consideration to the following year’s docket.

(c) When an application is deemed complete, the review authority shall:

(i) Forward the application(s) for processing, including environmental if required, and schedule a public hearing, if a hearing is required;

(ii) Send a written notice to the applicant that acknowledges the completeness of the application, states the vesting date when applicable, lists the name and telephone number of a department contact person, and describes the expected review schedule, including the date of a hearing, if applicable; and

(iii) Provide notice of the application, in accordance with LCC 17.12.060.

(d) The determination of completeness does not preclude the review authority from requesting additional information or studies either at the time of the notice of completeness or afterward if new information becomes required or if there are changes in the proposed project.

(3) The department shall complete environmental review for each amendment, consistent with the requirements of Chapter 43.21C RCW and Chapter 17.110 LCC.

(a) After receipt and review of the environmental checklist for an amendment, the department must issue a threshold determination.

(b) If environmental review determines that the amendment may have a significant impact on the environment, and if acceptance of a final environmental impact statement is not complete by the first business day of April, the department shall move that amendment for consideration until the following year’s docket.

(4) The department shall prepare a staff report that includes recommendations and/or options for each docketed amendment.

(a) The staff report shall evaluate the proposed amendment(s) in relationship to the approval criteria under LCC 17.12.110 and any other relevant sections of the Lewis County Code. If the proposed amendment includes land within a city’s urban growth area, the staff report shall also address any comments from the city regarding consistency with the applicable city comprehensive plan and the ability of the city to provide needed utility services.

(b) The department shall forward both the report and the result of the environmental review to:

(i) The commission;

(ii) The applicant and the applicant’s designated representative; and

(iii) To the applicable city staff if the proposed amendment applies to land within a city’s urban growth area. [Ord. 1340 (Exh. A), 2022; Ord. 1330 (Exh. A), 2021. Formerly 17.12.040]

(1) For a quasi-judicial amendment, except an amendment to an urban growth area, within 14 calendar days of issuing a letter of completeness under LCC 17.12.050, the department shall issue a notice of application.

(2) The notice of application will be distributed to the applicant and the applicant’s representative, the appropriate city when the proposed amendment is within the urban growth area, county departments, agencies with jurisdiction including tribal governments, and properties as described in LCC 17.12.070(4)(a)(i) and (ii).

(3) The department shall place a notice sign on the project site in a conspicuous location that is clearly visible and readily readable from a public right-of-way that provides primary vehicular access to the subject property. The department shall remove and properly dispose of the notice after the comment period is closed.

(4) The notice shall include, but not be limited to, the information required in RCW 36.70B.110(2).

(5) The department shall publish a summary of the notice in the official county newspaper, including the nature and location of the proposal, the date public comments are due, and instructions for obtaining further information. [Ord. 1340 (Exh. A), 2022]

(1) The department shall publish notice of the public hearing in the official county newspaper and on the Lewis County website at minimum 15 calendar days before the scheduled hearing. The notice shall include:

(a) A summary of the amendment;

(b) The date, time, and place of the hearing;

(c) A statement that documents pertaining to the amendment, including a staff report and SEPA determination if applicable, are available for public review, including where the public may access them; and

(d) An explanation of the process for submitting comments.

(2) The department shall post the amendment, staff report(s) and SEPA determination, if applicable, to the county’s web page at a minimum 15 calendar days before the scheduled hearing. The posting shall include the name and contact information of the department representative to contact to receive a physical copy of the amendment and related materials.

(3) The department shall send notice to the applicant and the applicant’s representative, the appropriate city when the proposed amendment is within or would expand the urban growth area, parties of the record and to agencies with jurisdiction, school districts, and fire districts that will potentially be affected by the proposed amendment at least 15 calendar days prior to the hearing.

(4) For public hearings involving a quasi-judicial amendment, the department shall provide the following notice in addition to the requirements of subsections (1) through (3) of this section:

(a) At least 15 calendar days prior to the scheduled hearing, the department shall mail notice to property owners as follows:

(i) For quasi-judicial amendments located outside a LAMIRD, hearing notice shall be mailed to all property owners within one-quarter mile of the external boundaries of the subject property as shown by the records of the county assessor; or

(ii) For quasi-judicial amendments located within a LAMIRD, hearing notice shall be mailed to all property owners within 500 feet of the external boundaries of the subject property as shown by the records of the county assessor.

(b) The department shall post a sign as described in LCC 17.12.060(3) giving notice of the hearing at least 15 calendar days prior to the scheduled hearing. [Ord. 1340 (Exh. A), 2022; Ord. 1330 (Exh. A), 2021. Formerly 17.12.050]

(1) The commission shall hold at least one public hearing on an amendment to consider public comment before beginning its deliberations.

(2) At the completion of its deliberations, the commission shall vote to recommend adopting, not adopting, or amending the proposed plan, plan amendments or development regulation in relationship to the approval criteria under LCC 17.12.110.

(3) The commission recommendation shall include findings of fact, the reasons for the recommendation, and decision.

(4) Final recommendations on amendments by the commission should be complete and forwarded to the board by the last business day of August. If the commission has not made a recommendation by the last business day of August, the amendment shall be moved to the following year’s docket. [Ord. 1340 (Exh. A), 2022; Ord. 1330 (Exh. A), 2021. Formerly 17.12.070]

(1) At least 60 calendar days before the board reviews the recommendation of the commission, the department shall issue a notice of intent to adopt an amendment to the Department of Commerce.

(2) The department will forward the commission recommendations and all state agency comments to the board by the first business day of December. [Ord. 1340 (Exh. A), 2022; Ord. 1330 (Exh. A), 2021. Formerly 17.12.080]

(1) Upon receipt of a recommendation from the commission and after the 60-day review period by state agencies, the board shall consider and act on amendments. Except as provided under LCC 17.12.020(3), the board shall consider all proposals concurrently to evaluate the cumulative effect of the various amendments.

(2) The board shall hold a public hearing with notice as provided under LCC 17.12.070. Upon conclusion of the public hearing, the board shall deliberate and act on the amendment. The board may:

(a) Adopt by ordinance the commission’s recommendation;

(b) Adopt by ordinance the commission’s recommendation with modifications that include further findings of fact;

(c) Reject the commission’s recommendation; or

(d) Remand the proposed amendment to the commission for further review on the following year’s docket.

(3) Final action by the board on amendments on quasi-judicial actions should occur by the last business day of January. If the board has not made a decision by the last business day of January, the amendment shall be combined with the current year’s docket. [Ord. 1340 (Exh. A), 2022; Ord. 1330 (Exh. A), 2021. Formerly 17.12.090]

(1) To approve a comprehensive plan amendment, the commission and the board shall find that all of the following are met:

(a) The amendment conforms to the requirements of the Growth Management Act, is consistent with the countywide planning policies and the comprehensive plan, including any interlocal planning agreements, if applicable.

(b) The application and any studies submitted to the department, the commission, and the board demonstrates a need for the amendment.

(c) The public interest will be served by approving the amendment. In determining whether the public interest will be served, factors including but not limited to the following shall be considered:

(i) The anticipated effect upon the rate or distribution of population growth, employment growth, development, and conversion of land as envisioned in the comprehensive plan.

(ii) The anticipated effect on the ability of the county and/or other service providers, such as cities, schools, water purveyors, fire districts, and others as applicable, to provide adequate services and public facilities including transportation facilities.

(iii) The anticipated impact upon designated agricultural, forest and mineral resource lands.

(iv) The anticipated impact on designated critical areas and wildfire risk.

(d) The amendment does not include or facilitate spot zoning.

(2) To approve an amendment to the development regulations, the commission and board shall find that the amendment is consistent with the comprehensive plan and in the public interest. [Ord. 1367 (Exh. C), 2025; Ord. 1340 (Exh. A), 2022; Ord. 1330 (Exh. A), 2021. Formerly 17.12.100]

There is no time frame for decisions pursuant to this chapter. [Ord. 1340 (Exh. A), 2022]

(1) The department shall issue the notice of decision within seven calendar days of the final decision and shall publish the notice of decision pursuant to RCW 36.70A.290(2)(b).

(2) The decision shall be noticed as follows:

(a) Published in the official county newspaper.

(b) Mailed to the applicant, any parties of record, and any agencies with jurisdiction that provided comments on the proposal.

(3) The notice of decision shall include, at a minimum, the following information:

(a) The summary of the decision.

(b) A statement that ordinance and exhibits are available for public review and where the public may access them.

(c) The time frame for appeals, if any.

(d) The name and contact information of the department representative to contact about reviewing the file. [Ord. 1340 (Exh. A), 2022]

Appeals shall occur pursuant to Chapter 36.70A or 36.70C RCW. [Ord. 1340 (Exh. A), 2022]

(1) Authority. Except as otherwise stated, the director is responsible for administering and interpreting the provisions of this title and those titles listed in LCC 17.05.030, as well as Lewis County county-wide planning policies, and Lewis County comprehensive plan. However, approval authority rests with various entities based on permit type, as identified in Table 17.05-1.

(2) Third Party Review. At any point during review of an application, the department may require, or the applicant may request, third party review in cases where additional professional or technical expertise is required due to scale or complexity and/or in cases where independent review is deemed necessary. All third party review shall occur at the applicant’s expense.

(3) Interpretation.

(a) Director’s Administrative Interpretation. The director may initiate a code interpretation whenever necessary and the interpretation will be made available pursuant to this chapter.

(b) Director’s Informal Interpretation. The director may respond to informal inquiries from the public regarding code provisions in terms of applicability and interpretation prior to and outside of the context of a specific project permit application. These requests are neither subject to appeal nor binding on the department.

(c) Director’s Formal Interpretation. Any person(s) may submit a formal request for a code interpretation from the director and the interpretation will be made available by the department pursuant to this chapter. Formal director interpretations are Type I applications and may be appealed. A fee based on LCC Title 18 shall be assessed.

(d) Permanent Record. All code interpretations and hearing examiner decisions on such interpretations shall be retained by the department. Further, they may be prioritized and considered in the next applicable code update. Code interpretations shall be made available to the public and available for inspection. [Ord. 1345 (Exh. A), 2023]

Refunds for applications subject to this chapter shall occur in accordance with the Lewis County schedule of fees established by local resolution on file with the board and codified under LCC Title 18. [Ord. 1340 (Exh. A), 2022]

Errors in exact compliance with this chapter, or specific public participation programs developed for specific amendments, shall not constitute grounds for invalidation of any comprehensive plan amendment, development regulation, or other legislation adopted under this chapter so long as the spirit of the procedures is observed, unless otherwise provided by state or federal law. [Ord. 1340 (Exh. A), 2022]