(Recodified as Ch. 3.50 by Ord. 1244)

The purpose of this chapter is to identify means of siting essential public facilities within Lewis County. Essential public facilities include those facilities that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities, regional transit authority facilities, state and local correctional facilities, solid waste handling facilities, drug treatment programs, recovery residences, mental health facilities, and community transitional facilities. [Ord. 1367 (Exh. C), 2025; Ord. 1269 §36, 2016; Ord. 1170B, 2000]

The standards and procedures apply to institutional, utility and transportation facilities allowed pursuant to Chapter 17.42 LCC. The facility may be run by either a public or private entity. [Ord. 1367 (Exh. C), 2025]

(1) Essential Public Facilities - Major. All major essential facilities may be considered through a Type V comprehensive plan amendment and rezone per Chapter 17.05 LCC. The sponsoring agency may request such an amendment. Areas of specific consideration shall include the need for the facility, the ability of the community to provide adequate public facilities and meet concurrency requirements, the impact on designated resource lands, and the ability of the community to adequately mitigate, or compensate, where appropriate, local residences significantly impacted by the project.

(2) When consistent with requirements in the comprehensive plan and zoning code, future development of essential public facilities may be considered as part of a Type III master plan submitted pursuant to Chapter 17.120 LCC¹.

(3) Essential Public Facilities - Local. All facilities identified as essential public facilities - local shall be processed as a Type III application per Chapter 17.05 LCC.

(a) Special Conditions.

(i) The use is located in accordance with the criteria identified in a comprehensive plan adopted by the service provider.

(ii) If outside a UGA, the use can be accommodated without requiring urban services or promoting urban growth in rural areas. [Ord. 1269 §36, 2016; Ord. 1179, 2002; Ord. 1170B, 2000]

Code reviser’s note: Chapter 17.120 LCC was repealed by Ord. 1292.

The purpose and intent of this chapter is to establish a process for establishing and maintaining energy production and storage facilities in Lewis County. The standards are intended to protect the health, welfare, safety, and quality of life of the general public, to protect resource lands and rural character, and to ensure compatibility with land uses in the vicinity of these facilities. [Ord. 1367 (Exh. C), 2025]

This chapter applies to uses listed in Chapter 17.42 LCC Table 2 for the primary purpose of producing or storing energy. Distribution of energy is considered an accessory use to energy production and storage. Noncommercial, on-site energy production and storage is exempt. Energy production and storage facilities that are not listed in Chapter 17.42 LCC Table 2 or prohibited within a specific zoning designation shall obtain a permit through the state of Washington to be sited in Lewis County. [Ord. 1367 (Exh. C), 2025]

See Chapter 17.42 LCC Table 2, and Chapter 17.05 LCC. [Ord. 1367 (Exh. C), 2025]

Article II. Standards

In addition to applicable standards found in Chapter 17.142 LCC, the following general standards shall apply to all energy production and storage facilities:

(1) Federal and State Requirements. All applicable federal and state requirements shall be met including but not limited to Water Rights, RCW Title 90; Southwest Clean Air Agency (SWCAA); Emergency Response and Spill Prevention Plan, Chapter 90.56 RCW; Washington State Department of Health; Chapter 70A.388 RCW Nuclear Energy and Radiation; and Geothermal Resources, Chapter 78.60 RCW.

(2) Fire Protection. All energy production and storage facilities shall have a Lewis County fire marshal approved fire management plan provided by the applicant prior to any county permit approval. Energy production and storage facilities, when applicable, shall use as zoning reference the following standards: National Fire Protection Association 1: Fire Code; National Fire Protection Association 70: National Electric Code; National Fire Protection Association 855: Standard for the Installation of Stationary Energy Storage Systems; National Fire Protection Association: ESS Fact Sheet; and the International Fire Code in order to ensure that the system installations are meeting safety best practices. Additional requirements may be required by the Lewis County fire marshal.

(3) Electrical Housing. All electrical equipment shall be safely and appropriately enclosed from unintentional access by means such as barrier fencing, equipment cabinetry or similar means. All access doors to electrical equipment shall remain locked unless access is necessary. Appropriate warning signage (e.g., electrical hazards) shall be placed on all electrical equipment.

(4) Screening. All energy facilities shall meet the screen standards in LCC 17.142.205, except energy facilities on parcels zoned Major Industrial District (MID). [Ord. 1367 (Exh. C), 2025]

In addition to the general standards in LCC 17.127.040 and any other applicable standards, geothermal facilities shall meet the following standard:

(1) Any person proposing to drill a well or redrill an abandoned well for geothermal resources shall file with the Washington State Department of Natural Resources a written application for a permit to commence such drilling or redrilling. [Ord. 1367 (Exh. C), 2025]

In addition to the general standards in LCC 17.127.040 and any other applicable standards, hydroelectric and hydropower facilities shall meet all of the following:

(1) A fish passage plan shall be approved by Washington Department of Fish and Wildlife for all projects affecting stream flow.

(2) A flood hazard analysis shall be completed for facilities located within FEMA floodplain. [Ord. 1367 (Exh. C), 2025]

In addition to the general standards in LCC 17.127.040 and any other applicable standards, hydrogen facilities shall meet all of the following:

(1) All equipment associated with the facility shall be set back at least 1,000 feet from residential property lines, schools, and hospitals, and at least 500 feet from any water body or wetland.

(2) Storage tanks shall not exceed 15,000 gallons unless secondary containment is provided.

(3) Owners/operators of hydrogen energy production facilities shall complete and maintain an approved hazard materials management plan. [Ord. 1367 (Exh. C), 2025]

In addition to the general standards in LCC 17.127.040 and any other applicable standards, natural gas facilities shall meet all of the following:

(1) All equipment associated with the facility shall be set back at least 1,000 feet from residential property lines, schools, hospitals, and drinking water sources and at least 300 feet from public roads.

(2) Audible sound due to operations shall not exceed 55 dBA during the day and 45 dBA at night at the property line. [Ord. 1367 (Exh. C), 2025]

In addition to the general standards in LCC 17.127.040 and any other applicable standards, solar power production facilities shall meet all of the following:

(1) All equipment associated with the facility may occupy a single parcel, or combination of parcels under common ownership, of which at least one parcel shall be at least 10 acres in size.

(2) All equipment associated with the facility shall be set back at least 100 feet from any adjacent parcel where residential development is permitted.

(3) All equipment associated with the facility shall not exceed a maximum of 20 feet in height as measured from grade at the base of the equipment to its highest point during operation, as shown in Figure 1, except substations or transmission lines.

(4) Glare-resistant panels shall be required.

(5) Any disturbed areas that are not permanently occupied by equipment shall be revegetated.

Figure 1 - Solar Power Production Facility Equipment Maximum Height

[Ord. 1367 (Exh. C), 2025]

In addition to the general standards in LCC 17.127.040 and any other applicable standards, wind farm facilities shall meet all of the following:

(1) In urban growth areas, except Major Industrial Districts (MID), wind turbines shall not exceed a total height of 75 feet as measured from the ground at grade level at the tower to the tip of the rotor blade when extended vertically and rotors shall not exceed 30 feet in diameter.

(2) Any tower shall be set back at least 1.2 times the total height, as measured from the ground at grade level at the tower to the tip of the rotor blade when extended vertically, from all outer property lines, unless an easement is secured from the adjacent property.

(3) Wind turbines shall be painted a nonreflective, nonobtrusive color. Small wind energy towers shall maintain galvanized steel, brushed aluminum, white or gray finish, unless FAA standards require otherwise.

(4) No wind turbine shall be artificially lighted, except to the extent required by the FAA or other applicable authority.

(5) No wind turbine shall be used for displaying any advertising except for reasonable identification of the manufacturer.

(6) Electrical controls, control wiring and power lines shall be wireless or underground after reaching grade from the turbine and extending away from the base of the tower. Wiring may be exposed vertically from the turbine to the base of the tower.

(7) Audible sound due to operations shall not exceed 55 dBA for any period of time, when measured at the outer property line of any abutting property. The sound level may, however, be exceeded during short-term events such as utility outages and/or severe windstorms. During operations, the project shall comply with applicable state noise standards.

(8) The rotor blade tip of any wind turbine shall, at its lowest point, have ground clearance of no less than 15 feet, as measured at the lowest point of the arc of the rotor blades.

(9) The following safety requirements shall apply to all facilities:

(a) Wind turbine towers shall not be climbable up to 15 feet above ground level.

(b) All small wind energy systems shall be equipped with manual and/or automatic overspeed controls to limit rotation of the rotor blades to a speed below the designed limits of the system. [Ord. 1367 (Exh. C), 2025]

In addition to the general standards in LCC 17.127.040 and any other applicable standards, battery energy storage system (BESS) facilities shall meet all of the following:

(1) BESSs shall be constructed, maintained, and operated in accordance with applicable industry standards and best practices, including but not limited to National Fire Protection Association (NFPA) 855, Standard for the Installation of Stationary Energy Storage Systems, 2020 Edition, and subsequent editions; Underwriters Laboratories (UL) 9540A Edition 4-2019, Standard for Test Method for Evaluating Thermal Runway Fire Propagation in Battery Energy Storage Systems, and subsequent editions.

(2) BESS facilities and equipment shall be completely enclosed by a secure fence that consists of a fence at least eight feet high with a locking gate. A clearly visible warning sign shall be placed on the fence informing individuals of potential voltage hazards.

(3) BESS facilities and equipment shall not be used to display signs or advertising except for signs at ground level identifying the equipment manufacturer, the facility owner/operator, emergency contact information, and appropriate warnings as required by national, state and local laws.

(4) BESS and any related facilities or equipment shall meet all of the following:

(a) Be located at least 100 feet from any adjacent parcel and located at least 200 feet away from any adjacent parcel where residential development is permitted. BESS facilities that are adjacent to parcels where a substation is located are not required to be set back from the parcel containing the substation.

(b) Areas within 20 feet on each side of any BESS facility or equipment shall be cleared of combustible vegetation and other combustible growth. Single specimens of trees, shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground covers shall be permitted; provided, that they do not form a means of readily transmitting fire.

(5) The one-hour average noise generated from the battery energy storage systems, components, and associated ancillary equipment shall not exceed a noise level of 55 dBA as measured at the outside wall of any nonparticipating residence or occupied community building. Applicants may submit equipment and component manufacturers noise ratings to demonstrate compliance. The applicant may be required to provide operating sound pressure level measurements from a reasonable number of sampled locations at the perimeter of the battery energy storage system to demonstrate compliance with this standard. State noise standards also apply.

(6) Operators of BESS facilities with total combined energy storage exceeding 600 kWh must complete a hazard mitigation analysis, utilize fire suppression designs and equipment, conduct fire and explosion testing in accordance with UL 9540A, develop emergency planning, and conduct annual training of maintenance staff. [Ord. 1367 (Exh. C), 2025]

(1) At any time an energy production and storage facility is scheduled to be decommissioned or is abandoned or discontinued, the owner or operator shall notify the Lewis County building official and Lewis County fire marshal, or their designee. Upon discontinuation of use, the owner or operator shall physically remove all related structures and equipment within 90 days from the date of discontinuation of use. This period may be extended at the discretion of the Lewis County building official or their designee. The term “physically remove” shall include, but not be limited to:

(a) Removal of all above-grade structures and equipment.

(b) Restoration of the location of the energy production and storage facility to its natural condition, except that any landscaping, grading or below-grade foundation may remain.

(c) If any energy production and storage facility is not operational for a period of 12 consecutive months, the Lewis County building official or designee will notify the Lewis County code compliance officer, who may issue a notice of abandonment to the owner or operator of the facility. The owner shall have the right to respond to the notice of abandonment within 30 days of the notice receipt date. The Lewis County code compliance officer may withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides sufficient information to demonstrate that the facility has not been abandoned.

(d) If the owner fails to respond to the notice of abatement or if after review by the Lewis County code compliance officer it is determined that the facility has been abandoned or discontinued, the owner or operator of the facility shall remove all structures and equipment at the owner’s sole expense within three months of receipt of the notice of abandonment. If the owner fails to physically remove the structures and equipment after the notice of abandonment procedure, the county shall have the authority to enter the subject property and physically remove the structures and equipment and to recover costs associated with that removal from the property owner.

(2) The site shall be restored within six months of removal. The owner of any energy production and storage facility shall demonstrate decommission assurances to Lewis County in the form of a surety bond or escrow account to cover the cost of removal in the event the facility must be removed by Lewis County. The intent of this requirement is to guarantee performance (not just provide financial insurance) to protect the public interest and the county budget from an unanticipated, unwarranted burden to decommission an energy production and storage facility. The proponent shall submit a fully inclusive estimate of the costs associated with removal prepared by a qualified Washington State licensed engineer that is accepted by Lewis County. The decommissioning funds shall be equivalent to 125 percent of the engineer’s estimated cost for the purpose of guaranteeing completion of the work. The decommissioning assurance shall be reevaluated every five years to ensure sufficient funds for decommissioning and, if deemed appropriate at that time, the amount of decommissioning funds shall be adjusted accordingly. [Ord. 1367 (Exh. C), 2025]

Lewis County requires a determination of adequate facilities for all projects other than projects exempt from threshold review pursuant to Chapter 43.21C RCW and WAC 197-11-800. [Ord. 1358, 2024; Ord. 1179, 2002; 1170B, 2000]

(1) Water.

(a) Availability as required by Chapter 36.70A RCW and RCW 19.27.097.

(b) Quantity sufficient to meet proposed demand.

(c) Water sufficient to meet applicable fire suppression requirements, if any.

(d) Where a water district is present, the ability of the water district to serve the project with existing facilities or with facilities planned by the district or the project and reasonably available within the development phasing of the project.

(2) Waste Water. The ability to discharge waste water, including pretreatment where used, to lawful discharge points, including:

(a) Licensed treatment facilities in accordance with adopted comprehensive waste water plans and within service areas approved as of July 26, 1999.

(b) Septic tanks where the site contains soils suitable under the standards of the Lewis County Health Code for septic tanks, together with a full reserve area.

(c) Other discharges consistent with the Lewis County Health Code, including temporary service and experimental services lawfully approved.

(d) Other discharges consistent with permits issued by the Washington State Board of Health or Washington Department of Ecology, i.e., waste discharge permits, holding permits, gray water recycling permits.

(3) Fire/Emergency Service.

(a) For residential uses 35 feet tall or less and commercial uses two stories or less and 50,000 square feet or less, the local fire district has the equipment and personnel to serve the new facility without a change in the current level of service for similar facilities existing in the district.

(b) For industrial uses and all residential or commercial uses over 35 feet high, the district has the equipment and personnel to serve the new facility consistent with adopted standards within the district, including local fire codes.

(c) Fire districts can provide or secure adequate emergency services.

(4) Schools.

(a) For residential uses, that the school can reasonably accommodate the school population anticipated from the new development with existing facilities, together with state or federal funds expected as a result of growth or changes within the district.

(b) For commercial or industrial uses, that the traffic or other impact to the school does not interfere with reasonable school operations or safety.

(5) Transportation.

(a) That roads constructed for the project meet applicable road standards.

(b) That the traffic accessing the project can move through affected county arterial and collector roadway corridors and transit routes at a “D” level of service as determined consistent with the current edition of the Transportation Research Board Highway Capacity Manual, consistent with county concurrency guidelines as identified in the transportation element in the county’s comprehensive plan, at Transportation Policy T.13.6, 13.7, and T 13.8 (p. 6-8). A corridor is defined as including the principal routes and affected intersections, together with associated routes and intersections that provide reasonable alternatives for the expected trips. For purposes of concurrency, an affected corridor is determined as any road link or intersection on which the project may generate 50 new “peak time” trips or turning movements. The “peak time” is defined as the average of the 60-minute period between 4:00 p.m. and 6:00 p.m. with the greatest sum of traffic volumes on a roadway segment or passing through the area of the project and the highest hour to the peak commute hour. Concurrency is based on average of all affected intersections or links, and a single failing intersection will not defeat concurrency for purposes of RCW 36.70A.070(6)(b) where intersections reasonably available to the project still function at an acceptable level. (See comprehensive plan at p. 6-44.)

(c) Projects which impact a failing intersection may be permitted to pay a fair share of the cost to upgrade the facility to an acceptable level of service through Chapter 43.21C RCW, but such share shall not exceed the total project traffic expected to use the facility as a proportion of total capacity. It is the policy of Lewis County to have transportation facilities either in place or planned and funded to be in place within six years of any development, to assure that the county maintains concurrency between planned growth and needed facilities.

(d) State route use and access on state routes comply with Washington Department of Transportation regulations (LOS C).

(6) Transit. Adequate facilities are available where the project does not adversely affect the ability of the local and regional transit agency from accomplishing its stated goals as identified in the adopted comprehensive plan.

(7) Solid Waste. Adequate facilities are available where the project does not adversely affect the ability of the local and/or regional solid waste authorities from accomplishing the goals and objectives of the adopted county solid waste comprehensive plan. Adequacy includes adequate facilities to pick up, transport, and dispose or transfer solid waste, consistent with plan guidelines. Certain projects in rural areas outside adopted service areas may be required to provide for the initial pickup and transport if public or UTC approved services are not available. [Ord. 1179, 2002; Ord. 1175 §2, 2000; Ord. 1170B, 2000]

The purpose of this chapter is to list standards for various land uses in Lewis County. The general land use standards in LCC 17.142.020 apply to all land uses, and the specific use standards apply in addition to the general requirements. [Ord. 1292 §23, 2018]

(1) The administrator or hearing examiner shall ensure that the following general standards, in addition to the specific standards for the zoning district and use type, are met when approving a land use.

(2) General Use Findings. General use findings include the requirements that the land use:

(a) Will be harmonious and in accordance with the general and specific objectives of the Lewis County comprehensive plan and zoning regulations.

(b) Will be adequately served by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and waste disposal, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services.

(c) Will not create excessive additional requirements at public cost for public facilities and services, and will not be detrimental to the economic welfare of the community.

(d) Will not involve uses, activities, processes, materials, equipment, or conditions of operation that will be detrimental to any persons, property, or the general welfare by reasons of excessive production of traffic, noise, smoke, fumes, glare, or odors.

(e) Will have vehicular approaches to the property designed as to not create an interference with traffic on surrounding public streets.

(f) Will not result in the destruction, loss, or damage of any natural, scenic, or historic feature of major importance.

(g) Will ensure adequate protection is given critical areas, including surface and ground water consistent with the critical areas requirements of Chapter 17.38 LCC.

(h) Will ensure that on-site public facilities, or facilities designed to serve the site, are limited to the project area and are not available to spur growth outside the area of the permit, when located in a rural area.

The administrator or hearing examiner may condition such permits based on written recommendations in environmental documents, and as otherwise necessary to comply with the requirements of this chapter, the county comprehensive plan, development regulations, and environmental regulations.

(3) General Use Standards. The following criteria are used to help determine the conformance with the general findings for land uses:

(a) The applicable portions of the Lewis County Code, and the Lewis County road development standards.

(b) The handling and treatment of dangerous or hazardous waste in accordance with LCC Title 8, Chapter 173-303 WAC, and other applicable standards.

(c) The maximum environmental noise levels established by Chapter 173-60 WAC and incorporated herein by reference, together with any adjustments authorized therein.

(d) The air quality standards adopted by the Southwest Clean Air Agency (SWCAA) and any SWCAA permit issued for a project.

(e) Exterior light fixtures, except those required by the Federal Aviation Administration (FAA), shall be pointed downward, hooded and shielded to prevent glare and light from trespassing onto neighboring properties. FAA-required lights shall be minimized to the extent practicable in consultation with the FAA and as required by Chapter 70A.550 RCW for wind energy facilities. Wind turbines over 200 feet shall have obstruction lighting per FAA regulations. Aviation obstruction light-mitigation technology systems shall be FAA approved.

(f) The terms of any permit issued for a project by a resource agency, including Washington State Department of Fish and Wildlife, HPA, water quality permit, Chapter 90.48 RCW, shoreline permit, Chapter 90.58 RCW, or permit issued by the U.S. Army Corps of Engineers.

(g) Conditions imposed in any final environmental determination, mitigated determination of nonsignificance or final environmental impact statement under Chapter 43.21C RCW.

(h) Health standards for wells and drain fields as set forth in sections such as Chapters 8.40 and 8.41 LCC.

(i) Flood hazard standards as set forth in Chapter 15.35 LCC.

(j) Stormwater standards as set forth in Chapter 15.45 LCC.

(k) The supplemental requirements of Chapter 17.145 LCC.

(l) Other applicable standards. [Ord. 1367 (Exh. C), 2025; Ord. 1292 §23, 2018]

(1) Accessory buildings and structures shall comply with applicable side setback requirements.

(2) Accessory buildings and structures shall comply with applicable back setback requirements.

(3) On corner lots, accessory buildings in the side setback adjoining a street shall not be erected or altered so as to be nearer to the adjoining street line than 15 feet. [Ord. 1292 §23, 2018]

When a special use permit is required for an assisted living facility, convalescent home, retirement facility or similar use, the hearing examiner shall make a written finding that all terms of the state license which govern location and physical development of the facility are met by the application. [Ord. 1292 §23, 2018]

Auctioneering facilities to serve the equipment needs of the transportation, industrial and agricultural industries (including local and regional markets) shall be permitted as a special use. These facilities are deemed to be consistent with the rural character and development patterns of Lewis County so long as the following conditions are met:

(1) Site Characteristics.

(a) The site is at least 80 gross acres and does not exceed 240 gross acres.

(b) The building area on the site does not exceed 80,000 gross square feet.

(c) The site is located within one mile, measured horizontally, from a major transportation corridor.

(2) Services. The use does not require urban services.

(3) Preservation of Rural Areas.

(a) Critical areas and their buffers are preserved on the site.

(b) No critical area variances are needed except to provide access and/or necessary utilities to the site.

(4) Off-Site Impacts. The special use shall adequately mitigate potential off-site impacts, including, but not limited to, parking, noise, lighting, fumes and dust. [Ord. 1292 §23, 2018]

(1) The following conditions apply to aviation facilities that provide landing surface and takeoff for aircraft or heliports used by nine or fewer aircraft:

(a) All landing strips shall be designed, and the runways and facilities oriented, so that the incidents of aircraft passing directly over dwellings during their landing or takeoff patterns is minimized. The facilities shall be located so that traffic does not constitute a nuisance to neighboring uses. The hearing examiner shall find, in writing, that the applicant has secured easements and other rights necessary to implement runway protection zones and other safety regulations required by the FAA consistent with the proposed aviation use.

(b) The proponents shall show that adequate controls or measures will be taken to prevent offensive noise, vibrations, dust, or bright lights.

(c) New private use landing strips and heliports shall be allowed in rural or resource zones as a special use, with the standards set forth in FAA regulations in effect on the date of application and subject to the notice requirements of subsection (2)(f) of this section.

(d) For purposes of this section, an ultra-light aircraft for personal use does not require a permit under this section and shall be considered an accessory use for any residential site in excess of five acres.

(2) The following conditions apply to aviation facilities that provide landing surface and takeoff for 10 or more general aviation aircraft:

(a) The minimum lot size shall be 60 acres.

(b) The centerline of any such landing area shall not be located within 500 feet of any property line, building, or structure; provided, that a legal affidavit from adjacent property owner(s) allowing all, or a portion, of that 500 feet as a recorded easement on their property, which is presented as part of a special use permit application, shall be acceptable.

(c) The aviation facility shall comply with the standards set forth in the FAA regulations in effect on the date of application.

(d) Fuels and lubricants associated with the operation of personal use aircraft shall be stored and handled in accordance with pertinent state and county codes.

(e) Compliance with all current federal aviation regulations for the maintenance and operation of aircraft shall be required.

(f) Notification.

(i) Notification of a hearing for a special use permit application shall be sent, by first class mail, to residents within 1,000 feet from any point on a proposed aircraft landing area. This notification is intended to supplement all other notification requirements for special use permit applications found in Chapter 17.05 LCC, and the appropriate notification requirements in Chapter 17.158 LCC.

(ii) The notice of the special use hearing shall also be published in the newspaper of record and in the newspaper of widest circulation in the area affected.

(g) Public aviation facilities shall be located on parcels where the allowed aircraft are at least 500 feet off of the ground prior to crossing a property line on takeoff or landing.

(h) No residential structure shall be closer than 1,000 feet to the proposed air facility.

(i) No place of public assembly shall be located within one-half mile of the end of any such facility.

(j) The hearing examiner shall find, in writing, that the applicant has secured easements and other rights necessary to implement runway protection zones and other safety regulations required by the FAA consistent with the proposed aviation use. [Ord. 1292 §23, 2018]

(1) A bed and breakfast use shall only occur in an existing residential dwelling that will be occupied by the homeowner during the operation of the use.

(2) Bed and breakfasts, offering three or more lodging units to travelers and transient guests, shall meet the standards for transient accommodations in Chapter 246-360 WAC. [Ord. 1292 §23, 2018]

(1) Pursuant to RCW 36.70A.070(5)(d)(i)(C), commercial buildings that include retail or food service uses and are located in a Type I LAMIRD, which is designated as Small Town Mixed Use (STMU), Rural Residential Center (RRC) and Commercial Crossroad (CC) on the official zoning map, must not exceed the footprint of previously occupied space or 5,000 square feet, whichever is greater, for the same or similar use, or 2,500 square feet for a new use, unless the retail space is for an essential rural retail service and the designated LAMIRD is located at least 10 miles from an existing urban growth area, then the retail space must not exceed the footprint of the previously occupied space or 10,000 square feet, whichever is greater. “Essential rural retail service” 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.

(2) The public facilities and services that serve the commercial use shall be sized and located in a manner that is consistent with rural character and does not encourage urban development outside of urban growth areas. The adequate public facilities and services test of Chapter 17.130 LCC shall be met. [Ord. 1367 (Exh. C), 2025; Ord. 1292 §23, 2018]

(1) Clustered tourist uses incorporate a group of uses that are targeted to the traveling public. These uses include:

(a) Lodging and transient accommodations.

(b) Restaurants.

(c) Retail.

(d) Fueling/charging stations.

(e) Truck stops.

(f) Automotive maintenance and repair.

(g) Transit facilities.

(2) Clustered tourist uses may be located:

(a) On parcels within the Rural Development District (RDD) that are located within 1,000 feet of an Interstate 5 on- or off-ramp.

(b) Within the Freeway Commercial (FC) zone or Small-Town Mixed-Use (STMU) zone.

(3) The maximum square footage of building footprint for an entire group of clustered tourist uses shall not exceed 30,000 square feet. No standalone building shall exceed a 15,000-square-feet footprint.

(4) Clustered tourist uses may be approved through a Type I administrative review. [Ord. 1367 (Exh. C), 2025; Ord. 1333 (Exh. E), 2022; Ord. 1292 §23, 2018. Formerly 17.142.090]

(1) Noise and Vibration.

(a) All equipment associated with the data processing center shall be enclosed within a building(s).

(b) Building materials shall include installation of sound-absorptive materials for all walls, ceilings and floors.

(c) If the data center is in a multi-tenant building, vibration isolation technology shall be installed in walls or floors that separate the data processing center from other uses.

(d) An acoustic barrier or wall at least eight feet tall shall be constructed on all exterior property boundaries, except within 10 feet of a driveway. The barrier or wall shall be set back 10 feet from the abutting property line. Outside the barrier or wall, at least one shrub shall be planted for every 10 horizontal feet of barrier or wall.

(2) Building Facade.

(a) Reflective surfaces, such as mirrored glass or polished metal, are prohibited.

(b) The main entrance shall be differentiated from the building facade by a change in material, pattern, texture or color and the entrance shall project or recess from the adjoining building plane by at least five feet.

(3) Lighting. All exterior lighting shall meet the standards of LCC 17.142.020(3)(e), lighting. [Ord. 1367 (Exh. C), 2025]

(1) No more than two detached bedrooms are allowed per parcel.

(2) A detached bedroom is considered as a dwelling unit for the purposes of housing density. [Ord. 1367 (Exh. C), 2025]

The following standards apply to home-based businesses:

(1) All home-based businesses must be located on the parcel or contiguous to the parcel upon which the owner or manager resides.

(2) The use of the dwelling unit for the home-based business shall be clearly incidental and subordinate to its use for residential purposes by its occupants.

(3) No more than two persons, other than the family residing on the premises, shall be engaged in such occupation.

(4) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home business, other than one sign meeting the standards of LCC 17.142.207; except that day care facilities with 10 children or less may use yard areas for recreation.

(5) No traffic shall be generated by such home-based businesses in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home business shall meet the off-street parking requirements as specified in this title and shall not be located in a required front yard. No more than two vehicles used for the operation of the business may be parked on the site at any time.

(6) No equipment or process that creates noise, vibration, glare, fumes, odors, or electrical interference detectable to normal senses off the subject lots shall be used in a permitted home occupation. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuation in line voltage off the premises. [Ord. 1367 (Exh. C), 2025; Ord. 1333 (Exh. E), 2022; Ord. 1292 §23, 2018. Formerly 17.142.110]

(1) The location of all cannabis production and/or processing, including related structures, shall not be closer than 100 feet from any property line, except when located in the Small Town Industrial (STI), urban growth area - small town Industrial (IND) or Rural Area Industrial Districts (RAI) the underlying zoning setback requirements shall be met.

(2) The location of all cannabis production and/or processing, including related structures, shall be on parcels with direct access to a public right-of-way.

(3) No cannabis production and/or processing shall occur on parcels less than five acres in area, except in the Small Town Industrial (STI), urban growth area - small town Industrial (IND) or Rural Area Industrial Districts (RAI) zones. A special use permit for cannabis production and/or processing may require odor control measures to protect neighboring properties from potential odor nuisances, as specified by the director of community development pursuant to LCC 5.20.030(1).

(4) No facility used for cannabis production and/or processing shall use permanent standby or portable power generators using combustible fuels as a sole source of electrical power, except during periods of power outages.

(5) Any outside lighting proposed for cannabis production and/or processing, including security lighting, shall meet the standards of LCC 17.142.020(3)(e), lighting.

(6) The position of cameras required for surveillance systems for cannabis production and/or processing shall not intrude on the privacy of neighboring properties.

(7) All structures serving cannabis production and/or processing shall conform to LCC Title 15, except as provided under RCW 19.27.065.

(8) All structures and uses serving production and/or processing of recreational cannabis shall conform to LCC Title 8, pertaining to solid waste disposal, and to Chapter 8.40 LCC or Chapter 173-216, 173-218, or 173-303 WAC, as appropriate, pertaining to sewage or wastewater disposal.

(9) The development of a cannabis producing and/or processing facility that will generate a liquid industrial waste shall address either:

(a) The coordinated disposal with an existing municipal utility sewer treatment plant; or

(b) A permitted tank storage and transport disposal off site to a permitted facility; or

(c) An on-site closed loop system along with treatment and waste characterization.

(10) The development of a cannabis producing and/or processing facility shall implement a fully approved public water supply consistent with Chapter 246-290 WAC or Chapter 8.55 LCC.

(11) All structures and uses serving cannabis production and/or processing shall conform to the licensing requirements of Chapter 5.20 LCC.

(12) In addition to the buffer requirements stated in Chapter 314-55 WAC, cannabis production and/or processing shall not locate within 1,000 feet of any hospital or any family home child care center as defined in WAC 170-296A-1000. The distance shall be measured as the shortest straight-line distance from the property line of the cannabis production or processing facility to the property line of the hospital or family home child care center.

(13) A special use permit granted under Chapter 17.158 LCC for cannabis production and/or processing shall expire automatically if the Washington State Liquor and Cannabis Board revokes the facility’s valid license issued under Chapter 314-55 WAC or if the facility’s license under Chapter 5.20 LCC expires, is revoked, or ceases to be valid. [Ord. 1367 (Exh. C), 2025; Ord. 1333 (Exh. E), 2022; Ord. 1292 §23, 2018. Formerly 17.142.130]

(1) External lighting shall meet the standards of LCC 17.142.020(3)(e), lighting.

(2) The position of cameras required for surveillance systems for cannabis retailers shall not intrude on the privacy of neighboring properties.

(3) Cannabis retailers shall conform to LCC Title 8, pertaining to solid waste disposal, and to Chapter 8.40 LCC or Chapter 173-216, 173-218, or 173-303 WAC, as appropriate, pertaining to sewage or wastewater disposal.

(4) Cannabis retailers shall implement a fully approved public water supply if and to the extent required by Chapter 246-290 WAC and Chapter 8.55 LCC.

(5) All structures and uses serving cannabis retail shall conform to LCC Title 15, except as provided under RCW 19.27.065.

(6) All structures and uses serving cannabis retail shall conform to the licensing requirements of Chapter 5.20 LCC.

(7) Cannabis retailers shall locate on parcels with direct access to the following transportation routes under the standards of the Washington State Department of Transportation: state highways, local arterials, and local major collectors.

(8) Pursuant to RCW 39.50.331, any cannabis retailer shall not locate within 1,000 feet of the perimeter of the grounds of any elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, or library, or any game arcade, admission to which is not restricted to persons aged 21 years or older. In addition, cannabis retailers shall not locate within 1,000 feet of any community center, hospital, or correctional/detention facility. The distance shall be measured as the shortest straight-line distance from the property line of the cannabis retailer to the property line of the specified use.

(9) No cannabis retailer shall locate on a parcel that is within the same ZIP postal code region as any other cannabis retailer, except that in the region corresponding to the 98532 postal code, one retailer may locate on each side of Interstate 5. Only cannabis retailers in unincorporated Lewis County shall be counted when considering this limitation; cannabis retailers located within an incorporated town or city shall not preclude the location of another retailer within the same ZIP code.

(10) A special use permit granted under Chapter 17.158 LCC for a cannabis retailer shall expire automatically if the Washington State Liquor and Cannabis Board revokes the facility’s valid license issued under Chapter 314-55 WAC or if the facility’s license under Chapter 5.20 LCC expires, is revoked, or ceases to be valid. [Ord. 1367 (Exh. C), 2025; Ord. 1333 (Exh. E), 2022; Ord. 1292 §23, 2018. Formerly 17.142.140]

(1) Multifamily housing is only allowed in LAMIRDs that have centralized water and wastewater facilities that are able to accommodate the density of the units.

(2) The density of a multifamily housing development shall not exceed four units per lot. [Ord. 1367 (Exh. C), 2025; Ord. 1333 (Exh. E), 2022; Ord. 1292 §23, 2018. Formerly 17.142.150]

(1) An administrative permit is required for facilities in small town industrial (STI) zones and urban growth area - small towns in the industrial (IND) zones.

(2) Standards. All of the following standards must be met:

(a) Structures are required to be set back at least 100 feet from abutting lot lines if the abutting lot is not zoned RAI, IND or STI. If the abutting lot is RAI, IND or STI, then standard setbacks in Chapter 17.145 LCC apply.

(b) All organic material composting facilities shall meet the screening standards in LCC 17.142.205. [Ord. 1367 Exh. C, 2025; Ord. 1333 (Exh. E), 2022. Formerly 17.142.090]

Public utility buildings, telephone exchanges, sewage pump stations, electrical distribution substations, and similar developments necessary for the operation of utilities shall comply with the following requirements:

(1) If the installation is housed in a building, the building shall conform architecturally with the surrounding buildings or the type of buildings that are likely to develop in the districts.

(2) Any unhoused or housed installations that do not conform to the architectural requirements of subsection (1) of this section shall be surrounded by sight-obscuring planting.

(3) Any unhoused installation of a dangerous nature, such as an electrical distribution substation, shall be enclosed by a wire fence at least eight feet in height.

(4) All buildings, installations, and fences shall observe the yard requirements for buildings in the district in which they are located. [Ord. 1333 (Exh. E), 2022; Ord. 1292 §23, 2018. Formerly 17.142.160]

The following standards apply to regional recreational facilities:

(1) Permanent access roads and permanent parking areas shall be hard surface to reduce mud and dust.

(2) Pistol, rifle, skeet, and other shooting facilities, which encourage education and training in the safe use of lawful firearms, shall include a noise and range safety evaluation for property within one-half mile of the proposed range. The hearing examiner must specifically find that the range does not pose a safety hazard to any resident within the surrounding area. [Ord. 1333 (Exh. E), 2022; Ord. 1292 §23, 2018. Formerly 17.142.190]

For development or improvements where screening is required, screening around the perimeter of the site must be provided. Screening may include fences, walls, vegetation, earth berms with vegetation, or a combination of these methods. Screening shall meet all of the following standards:

(1) The screening shall be at least six feet high.

(2) Fences and walls shall be articulated by at least two feet in depth, or one shrub or one tree shall be planted on the outside of the fence or wall, for every 25 feet of fence or wall length.

(3) All vegetation used for screening must be of sizes, types, numbers and siting adequate to achieve 80 percent opacity within three years.

(4) The use of vegetation as screening and buffering is prohibited within 20 feet of any facilities or equipment associated with battery energy storage systems.

(5) All vegetation must be maintained in healthy condition and vegetation used for screening that dies must be replaced within six months. [Ord. 1367 (Exh. C), 2025]

(1) Applicability. This section applies to the creation of new surface mining areas or the expansion of lawfully permitted activities beyond an approved DNR reclamation plan area in effect on July 26, 1999; provided, however, this does not cover any mining activity which is less than three acres in size.

(2) Mine Development Standards. All permits issued pursuant to this section shall require the following minimum standards. The hearing examiner may increase buffers and mitigation when good cause is shown.

(a) Setbacks/Screening.

(i) A 50-foot setback from the mine property and from all abutting property, consistent with and subject to the reduction provisions of LCC 17.30.810, shall be maintained for areas of direct cut or fill connected with resource extraction operations. For mining operations, the setbacks may be increased when necessary to provide lateral support for abutting properties or public rights-of-way.

(ii) A 25-foot-wide screen, consisting of sight-obscuring vegetation, berms, or other methods approved by Lewis County, shall be maintained within the 50-foot setback on the mine property. This screen is meant to conceal the mine from public rights-of-way and/or property used for residential purposes.

(iii) Any direct extraction operation areas within a public utility right-of-way shall be subject to the written conditions of approval from the affected utility, which shall be incorporated into the permit.

(iv) A 200-foot setback shall be maintained between any mining activity and any existing structure occupied for sleeping or eating purposes but not including accessory structures such as barns or outbuildings, existing at the date of application.

(b) Road Use. To assure the maintenance and development of adequate county roadways, owners of surface mining operations may be required to enter into a haul route agreement with the county engineer upon adoption and implementation of a haul route agreement program. The haul route agreement shall address impacts immediately attributable to the project use.

(c) Traffic Safety. The operator may be required to install traffic improvement, control, and warning signs to assure adequate access and traffic safety.

(d) Noise/Bright Lights.

(i) No development or activity shall exceed the maximum environmental noise levels established by Chapter 173-60 WAC.

(ii) Bright lights shall be shaded or shielded from adjoining residential properties.

(e) Surface Mining Operation Within Critical Aquifer Recharge Areas. Surface mining operations within critical aquifer recharge areas (as designated in Chapter 17.38 LCC) shall meet the following standards:

(i) Fuel tanks and oil drums shall be double containment construction and protected by bermed areas having adequate capacity to accommodate, contain, and allow the removal of petroleum spills. Fuel nozzles shall not contain locking devices. Fuel storage shall be above ground. Fueling of mobile equipment shall be located at least 20 feet above the seasonal high ground water level or within lined and bermed areas with adequate capacity to accommodate, contain, and allow the removal of petroleum spills. Where the nature of the operation is such that the machinery cannot be moved for fueling, or the aquifer is less than 20 feet from the surface, the hearing examiner may approve an alternative fueling plan which accomplishes aquifer protection.

(ii) All operations shall maintain a fuels/hazardous waste management plan maintained by the operator and available on the site at all times.

(iii) Surface mines shall not use any noxious, toxic, flammable, compactable, or combustible materials not specifically authorized by Lewis County department of health for backfill or reclamation. Noncontaminated process water used for gravel washing shall be routed to settling ponds to minimize off-site discharges. A general permit from the Department of Ecology for process and stormwater discharge may substitute for these requirements.

(iv) On-site truck and equipment wash runoff shall be routed to retention facilities equipped with an oil-water separator prior to its release to settling ponds.

(v) Use of chemicals, petroleum or hazardous products, and disposal of such products, in concrete or asphalt plant operations within critical aquifer recharge areas shall meet the standards set forth in Chapter 90.48 RCW and Chapter 173-303 WAC.

(f) Public Safety. Owners of surface mines shall ensure their operation(s) will not be hazardous to neighboring uses. Blasting activities shall be conducted so that ground vibrations comply with all state laws about peak particle velocity, air pressure, and other state requirements, including but not limited to Chapter 9 of the Blasting Guidance Manual identified below. All fly-rock shall be contained within the site. All activities shall comply with the standards set forth in official guidelines, including but not limited to Office of Surface Mining U.S. Department of Interior, Blasting Guidance Manual, 1987 ed., Explosives: WAC 296-52-493, Part F, or as revised.

(g) Surface Water Permit. A National Pollutant Discharge Elimination System (NPDES) sand and gravel general permit or individual permit, as appropriate, shall be a condition of approval and incorporated herein by reference.

(h) Hours of Operation. Regular hours of operation shall be between the hours of 6:30 a.m. and 7:00 p.m.; blasting shall only occur during the time period between 10:00 a.m. and 4:00 p.m. Prior to any blast, 24-hour notice shall be given to all property owners or residences within 500 feet of any mine property line. If a blast does not occur as scheduled in a notification, 24-hour renotification shall be required. The hearing examiner may inquire into the proposed hours of operation and set additional limits when deemed necessary to protect quiet enjoyment of neighboring residential properties. The hearing examiner may include provisions for exceptions from established regular hours of operation. Extended hours may be requested and approved under conditions set by the hearing examiner if a declared emergency exists or for work on public works contracts that may require work outside regular hours and in either situation the request is for less than six consecutive months.

(3) Exceptions. This permit process shall not be applicable to mines regulated under federal mining laws. [Ord. 1367 (Exh. C), 2025; Ord. 1333 (Exh. E), 2022; Ord. 1292 §23, 2018. Formerly 17.142.200]

(1) Site Ownership.

(a) Transient accommodations with multiple parcels shall consolidate the lots into one larger parcel and ownership (as part of the application).

(b) No division of the ownership of transient accommodations is allowed.

(2) Access and Circulation. Transient accommodation sites shall meet the relevant county and state access and circulation standards.

(3) State Requirements. Conformity with the transient accommodation standards in Chapter 246-360 WAC shall be required. [Ord. 1333 (Exh. E), 2022; Ord. 1292 §23, 2018. Formerly 17.142.210]

This chapter establishes a permitting process for recreational vehicle parks and campgrounds that create two or more camping sites for purposes of transient accommodations.

Recreational vehicle parks and campgrounds that create camping sites which may be leased individually, and the membership of that camping site may be transferred to another person, shall be considered master planned resorts and must comply with Chapter 17.20E LCC, Master Planned Resorts. [Ord. 1348 (Exhs. F, G), 2023]

(1) Recreational vehicle parks and campgrounds shall be processed as a Type III special use permit application per Chapter 17.05 LCC, General Provisions.

(2) Recreational vehicle parks and campgrounds that exceed the maximum density standards listed in LCC 17.144.040 shall be administered as master planned resorts and must comply with Chapter 17.20E LCC, Master Planned Resorts.

(3) Existing legal nonconforming recreational vehicle parks or campgrounds are allowed to persist in accordance with Chapter 17.155 LCC, Nonconforming Uses and Parcels.

(4) Revisions to approved recreational vehicle parks and campgrounds shall proceed in compliance with the regulations and standards in Chapter 17.158 LCC, Special Use Permits, in effect at the time of complete project application.

(5) Revisions to existing legal nonconforming recreational vehicle parks or campgrounds shall proceed in compliance with the regulations and standards in Chapter 17.155 LCC, Nonconforming Uses and Parcels, in effect at the time of complete project application.

(6) Existing recreational vehicle parks or campgrounds that were permitted through the binding site plan process and found to be in violation of the binding site plan shall be subject to the noncompliance and violation provisions in Chapter 17.07 LCC, Violations and Civil Penalties. [Ord. 1348 (Exhs. F, G), 2023]

Article II. Standards

(1) In the event of a discrepancy between the standards established herein and those contained in any other applicable plan, control, or ordinance, the stricter standard shall apply.

(2) Every camping site shall be, or consist of, at least 500 square feet.

(3) All camping sites are subject to a minimum 10-foot setback between camping sites.

(4) All structures, except cabins or yurts, are subject to a minimum 10-foot setback from any camping site.

(5) All structures are subject to a minimum five-foot setback from any other structure, regardless of the size of the structure.

(6) Each camping site shall be numbered, and the number shall be prominently displayed on the camping site.

(7) Camping sites, caretaker accommodations, common facilities and accessory uses shall be maintained in functional and working condition. [Ord. 1348 (Exhs. F, G), 2023]

(1) A recreational vehicle park or campground may occupy a single parcel, or combination of parcels under common ownership, of which at least one parcel shall be a minimum of two and one-half acres; provided, a larger minimum parcel size may be required by the state or local departments for septage disposal, stormwater management, public water supply or applicable development regulations.

(2) Maximum density shall be:

(a) No more than 15 camping sites per acre when a community septage system with individual camping site connections or individual holding tanks for each camping site is provided.

(b) No more than seven camping sites per acre when a central septage dump station is provided with no individual camping site connections or individual holding tanks for each camping site.

(c) Permanent cabins or yurts may be included.

(i) The total number of cabins or yurts shall not exceed 25 percent of the total proposed camping sites. When calculations result in a fraction, the result is rounded down to the nearest whole number. For example, if there are 25 total camping sites, six of those may be occupied by a cabin or yurt. If a cabin or yurt is provided as caretaker accommodations, that cabin or yurt shall be counted towards the total number of cabins or yurts allowed.

(ii) The total floor area of each cabin or yurt shall not exceed 400 square feet, except a cabin or yurt provided as caretaker accommodations.

(iii) A cabin or yurt shall be completely contained within a single camping site.

(iv) Cabins must connect to a designed septic system when required by Lewis County public health and social services.

(d) For campgrounds that create sites for tent camping only, or other similar accommodations, and no recreational vehicles will be accommodated at the campground, then a maximum density of 25 camping spaces per acre is allowed, except that one camping site may be provided for caretaker accommodations.

(3) No more than one recreational vehicle may occupy a camping site at any given time. Camping sites occupied by a recreational vehicle may also be occupied by no more than one passenger vehicle and one appurtenance (e.g., a boat, an awning, etc.) at any given time.

(4) Camping sites that are occupied by a tent(s) may also be occupied by no more than three passenger vehicles or two passenger vehicles and one appurtenance (a boat, an easy-up, etc.) at any given time. Recreational vehicles are not allowed to occupy tent-only camping sites. [Ord. 1348 (Exhs. F, G), 2023]

(1) The maximum number of consecutive days that a camping site shall be occupied by the same party in a recreational vehicle or tent is 210 days, except one camping site may be permanently occupied by a caretaker, ranger, manager or similar role. Recreational vehicle parks and campgrounds that allow stays longer than 210 consecutive days shall be administered as a mobile home park and must be compliant with Chapter 15.30 LCC, Mobile Home Parks.

(2) The maximum number of consecutive days that a cabin or yurt shall be occupied by the same party is 30 days, except one cabin or yurt may be permanently occupied by a caretaker, ranger, manager or similar role. [Ord. 1348 (Exhs. F, G), 2023]

Accommodations for use by a recreational vehicle park or campground caretaker, ranger, manager or similar role is allowed. Caretaker accommodations may include a recreational vehicle, a new cabin or yurt, or an existing single-family residence or accessory dwelling unit. Caretaker accommodations are not subject to the length of stay limitations of LCC 17.144.050.

(1) No more than one caretaker accommodation per development is allowed.

(2) The total floor area of a new cabin or yurt provided as caretaker accommodations shall not exceed 1,296 square feet in size.

(3) Caretaker accommodations must connect to a designed septic system when required by Lewis County public health and social services.

(4) An existing single-family residence or accessory dwelling unit used as caretaker accommodations does not count towards the total number of cabins or yurts allowed in LCC 17.144.040. [Ord. 1348 (Exhs. F, G), 2023]

Accessory uses such as offices, maintenance sheds, swimming pools, playgrounds, restaurants, convenience stores less than 2,500 square feet, recreation facilities and other similar structures are allowed outright when directly connected with and in aid of the recreational vehicle park or campground. Accessory uses are required to be completely within the boundaries of the recreational vehicle park or campground. Accessory uses must connect to a designed septic system when required by Lewis County public health and social service. [Ord. 1348 (Exhs. F, G), 2023]

Article III. Required Improvements

(1) Water supply adequate for fire protection is required and shall be consistent with the International Fire Code, fire district recommendations, and applicable state and local laws.

(2) An approved firefighting vehicle and/or other permanent firefighting devices or equipment shall be installed within the confines of recreational vehicle parks or campgrounds when required by either the Washington State Department of Natural Resources, the U.S. Forest Service, the appropriate local fire district, or county fire marshal.

(3) No more than one fire pit per campsite is allowed. See Figure 1 of this section.

(a) The fire pit must be no wider than three feet in diameter and have a ring constructed of metal, concrete, stone, or brick at least eight inches above ground grade.

(b) There must be an additional area surrounding the fire pit with a minimum two-foot width constructed of noncombustible material, such as concrete, rock, brick, or cement blocks.

(c) All fire pits must be equipped with a spark arresting screen or similar device.

(d) Trees, tree limbs and shrubs must be cleared within 10 feet in all directions around a fire pit.

Figure 1: Minimum Fire Pit Dimensions

(4) Fire break trails shall be provided around the periphery of the development when required by either the Washington State Department of Natural Resources, the U.S. Forest Service, the local fire district, the county fire marshal or hearings examiner. [Ord. 1348 (Exhs. F, G), 2023]

No recreational vehicle park or campground shall be serviced by overhead utilities, and all electrical utilities associated with or incidental to the development of camping sites or other facilities and accessory uses shall be designed, installed and maintained in conformance with the rules, regulations, and standards of the Washington State Department of Labor and Industries. [Ord. 1348 (Exhs. F, G), 2023]

The purpose of screening and buffering is to protect the adjacent properties or roadways from unsightliness, visual distraction and/or noise impacts. The buffer area may be reduced where it can be demonstrated that alternative screening can adequately accomplish the purposes stated in this subsection.

(1) Screening and buffering areas shall be established with a minimum width of 25 feet along all exterior property lines. If a recreational trail is included in the buffer, the minimum width must be no less than 50 feet along all exterior property lines that contain such a trail.

(2) Screening and buffering may include fences, vegetation, earth berms, waterbodies or a combination of these methods.

(3) The screening shall be at least six feet high and shall obscure at least 80 percent visibility of all structures and improvements as seen from rights-of-way and adjacent properties, except when the buffer or a portion of the buffer is comprised of a waterbody, then the waterbody may be considered screening.

(4) Screening and buffering areas shall not contain any constructed facilities or structures, erected or placed, with the exception of utility lines, fencing, security posts or trails.

(5) Setbacks from adjacent resource lands must be in conformance with Chapter 17.30 LCC, Resource Lands. [Ord. 1348 (Exhs. F, G), 2023]

Common facilities such as service buildings, water systems, septage facilities, roads, paths, trails and other facilities shall be designed to accommodate maximum demand and occupancy.

(1) Potable water shall be available within 200 feet of each camping site. Adequate disposal for faucet overflow shall be provided at each distribution point.

(2) Service buildings containing toilet and handwashing facilities shall be available within 400 feet of each camping site.

(3) Common facilities must connect to a designed septic system when required by Lewis County public health and social services. [Ord. 1348 (Exhs. F, G), 2023]

Access and circulation within a recreational vehicle park and campground shall be designed to accommodate maximum demand and occupancy, and with appropriate consideration for existing and proposed lanes of vehicle travel, anticipated traffic patterns, topographic and drainage conditions, pedestrian access and safety, and the proposed uses of the land served.

(1) Lanes of vehicle travel within the confines of a recreational vehicle park or campground shall provide for access to each camping site, and ease of vehicular movement within the development. Lanes of vehicle travel shall be named and identified with appropriate signs approved by the county building official.

(2) Traffic signs and safety devices shall be provided and installed by the applicant in accordance with the Manual on Uniform Traffic Control Devices.

(3) Common use facilities, such as potable water or toilet facilities, shall have pedestrian access by path or trail from each camping site to the facility and all of the following shall be met:

(a) Each path or trail shall be at least five feet wide;

(b) Paths or trails shall not interfere with or cross camping sites; and

(c) Paths and trails shall not be co-located within a lane of vehicle travel. Paths and trails may cross a lane of vehicle travel if the path or trail is clearly marked. [Ord. 1348 (Exhs. F, G), 2023]

The purpose of this chapter shall be to provide specific regulations, providing for the location of certain special and accessory uses in all use districts and providing supplementary controls for the protection of essential uses of said districts. [Ord. 1170B, 2000]

(1) The minimum required setbacks shall be as follows. See also Chapters 17.17 LCC, Urban Growth Area - Small Towns, 17.20B LCC, Major Industrial Development, and 17.20E LCC, Master Planned Resorts.

1    In no instance shall parking associated with the proposed structure be allowed in an alley, or allowed to back directly into an alley.

(2) The administrator may reduce the required side or rear setbacks:

(a) To promote reasonable use of the property, where topography, critical areas or the lot’s size and configuration impact the reasonable development of the property.

(b) To complement surrounding commercial or industrial development, in existing commercial or industrial areas that are typified by setbacks that are less than those presented above, so long as adequate fire protection is included in the design of the structure.

(3) An administrative reduction will be considered if:

(a) Justification for the request is included in the application.

(b) The reduction will not adversely affect health and safety.

(c) When a reduction is used for the reasonable development of the property:

(i) It is demonstrated that the use of the proposed reduction cannot be reasonably accommodated elsewhere on the lot; and

(ii) If granted, the reduction would be the minimum necessary for reasonable use of the lot.

An administrative reduction will be processed in accordance with LCC 17.160.055.

(4) Additional setbacks may be required near resource lands in accordance with LCC 17.30.500, 17.30.660, 17.30.810 and Chapter 17.40 LCC. [Ord. 1367 (Exh. C), 2025; Ord. 1292 §24, 2018; Ord. 1253, 2014; Ord. 1170B, 2000]

(1) Unless otherwise designated in this title, the maximum height limit shall be as follows:

(a) Residential, 35 feet.

(b) Commercial, 50 feet, except 35 feet when abutting (or within 50 feet of) a residential zone.

(c) Industrial, 50 feet plus one foot for every foot from property lines.

(d) Agriculture, resource, communication, and public utility uses, none.

(2) Calculation of Building Height. The height of a building shall be the highest point of the structure when measured from the average point of elevation of the finished surface of the ground within five feet of the structure, provided narrow projections such as a chimney, spires, domes, elevator shaft housing, aerials, antennas, and flagpoles shall not be considered. [Ord. 1292 §25, 2018; Ord. 1170B, 2000]

(1) This section only applies to Chapters 17.45 LCC, Small Towns - Mixed Use/Commercial (STMU), 17.55 LCC, Small Towns - Industrial (STI), 17.60 LCC, Crossroads Commercial (CC), and 17.95 LCC, Rural Residential Centers (RCC).

(2) General requirements

(a) No building or structure shall be erected, substantially altered, or its use changed unless permanently maintained off-street parking and loading spaces have been provided in accordance with the provisions of this chapter.

(b) The provisions of this section, except where there is a change of use, shall not apply to any existing building or structure. Where the new use involves no additions or enlargements there shall be provided as many of such spaces as may be required by this chapter.

(c) Whenever a building or structure constructed after the effective date of this ordinance is changed or enlarged in floor area, number of employees, number of housing units, seating capacity, or otherwise to create a need for an increase in the number of existing parking spaces, additional parking spaces shall be provided on the basis of the enlargement or change; provided whenever a building or structure existing prior to the effective date of this ordinance is enlarged to the extent of 50 percent or more in floor area, number of employees, number of housing units, seating capacity, or otherwise, said building structure shall then and thereafter comply with the full parking requirements set forth herein.

(3) Parking space dimensions. A parking space shall have minimum rectangular dimensions of not less than 10 feet in width and 20 feet in length; provided, however, that for any parking area of 12 or more spaces, 35 percent of all parking spaces may have minimum rectangular dimensions of not less than eight feet in width and 15 feet in length; provided that these spaces are marked for use by compact automobiles. All dimensions shall be exclusive of driveways, aisles, and other circulation areas. The number of required off-street parking spaces is established in LCC 17.145.040(9) and Table 17.145A.

(4) Loading space requirements and dimensions. A loading space shall have minimum dimensions of not less than 14 feet in width, 60 feet in length, exclusive of driveways, aisles, and other circulation areas, and a height or clearance of not less than 15 feet. One off-street loading space shall be provided and maintained on the same lot for every separate occupancy requiring delivery of goods and having a gross floor area of at least 5,000 square feet in the case of manufacturing, warehouse, or terminal buildings, and 10,000 square feet for commercial, hotel, institutional, and public buildings. One loading space shall be provided for each additional 10,000 square feet for retail and restaurant buildings; and one for each additional 30,000 square feet for manufacturing, warehouse, and service uses. The Administrator may adjust dimensions to fit specific needs, consistent with the need for traffic circulation and safety (ASHTO guidelines).

(5) Drainage. All parking and loading areas shall provide for proper drainage of surface water to prevent the drainage of such water onto adjacent properties or walkways, and shall provide water quality benefits to comply with the minimum requirements of Chapter 15.45 LCC. Off-site drainage improvements and maintenance easements shall be secured to comply with Chapter 15.45 LCC to prevent damage to downstream property.

(6) Maintenance. The owner of property used for parking and/or loading shall maintain such area in good condition without holes and free of all dust, trash, and other debris.

(7) Lighting. Any parking area which is intended to be used primarily during nondaylight hours shall be properly illuminated to avoid accidents. Any lights used to illuminate a parking lot shall be so arranged as to direct the light away from the adjoining property and the public road.

(8) Access. Any parking area shall be designed in such a manner that any vehicle leaving or entering the parking area from or into a public or private street shall be travelling in a forward motion. Access of driveways for parking areas or loading spaces shall be located in such a way that any vehicle entering or leaving such lot shall be clearly visible for a reasonable distance to any pedestrian or motorist approaching the access or driveway from a public or private street. This requirement shall apply to parking areas of two or less required spaces only when exits are on state highways and major county arterials and collectors. No building permit shall be issued until an access plan is approved by the county engineer.

(9) Parking Space Requirements. Except within urban growth area - small town, the following minimum parking space requirements shall apply:

(a) Residential.

(i) Single-family, accessory dwelling units (ADUs), duplex, triplex, quadplex, townhomes, cottage housing, and detached bedrooms: two parking spaces for every dwelling unit.

(ii) Apartments and condos: three parking spaces for every two dwelling units.

(iii) Co-housing, assisted living, farm labor housing, adult family home, crisis housing, emergency housing, permanent supportive housing and nonpermanent supportive housing: one parking space for every bed.

(iv) Family day care, childcare provider as a home-based business: two parking spaces in addition to parking spaces required for the residential dwelling.

(b) Commercial/Professional.

(i) Home-based business: two parking spaces in addition to parking spaces required for the residential dwelling.

(ii) Retail: one parking space for every 250 square feet of floor area.

(iii) Restaurant: one parking space for every 100 square feet of floor area.

(iv) Fueling station: one parking space for every two employees, plus one parking space for every 250 square feet of floor area.

(v) Kennel, animal boarding, shelter: one parking space for every employee, plus two additional parking spaces.

(vi) Lodging and accommodations, except short term rental: one parking space for every unit, plus one parking space for every two employees. For hostels, two beds is the equivalent of one unit.

(vii) Short term rental: one parking space per bedroom.

(viii) Event center, wedding venue: one parking space for every four seats or guests at peak use.

(ix) Family care, child care as a standalone business: two parking spaces for every classroom, plus one parking space for every employee.

(x) Storage: one parking space for every two employees, plus two parking spaces.

(xi) Automotive sales, rental: one parking space for every employee, plus two additional parking spaces. Vehicle storage or showing areas shall not be counted towards parking requirements.

(xii) Professional office: one parking space for every 200 square feet of floor area.

(xiii) Other commercial and professional not otherwise specified: one parking space for every 200 square feet of floor area.

(c) Amusement/Recreation.

(i) Recreational equipment rentals or sales: one parking space for every two employees, plus two additional parking spaces. Vehicle storage or showing areas shall not be counted towards parking requirements.

(ii) RV park, campground: one parking space for every two employees. Parking associated with camp sites shall not be counted towards meeting parking requirements.

(iii) Trailhead: three parking spaces, plus one parking space for every five miles of trail.

(iv) Fairgrounds, amusement park, golf course, driving range, sport center, racetrack, water park: 20 parking spaces per one acre of land. Exhibition halls and auditoriums (e.g., grandstands) shall be additive.

(v) Gym: one parking space for every 250 square feet of floor area.

(vi) Museum: one parking space for every 300 square feet of floor area.

(vii) Movie theater, auditoriums, exhibition hall: one parking space for every four seats.

(viii) Bowling alley, arcade, miniature golf: one parking space for every 250 square feet of floor area.

(ix) Casino, adult entertainment: one parking space for every 100 square feet of floor area. Exhibition halls and auditoriums (e.g., grandstands) shall be additive.

(x) Other amusement or recreation, not otherwise specified: two parking spaces for every employee, plus one parking space for every 200 square feet of floor area or five parking spaces for every one acre of land, whichever is greater.

(d) Institutional.

(i) Community center, fraternal lodge, grange hall: one parking space for every 250 square feet.

(ii) Religious, place of worship: one parking space for every four seats.

(iii) Cemetery, crematorium, mausoleum, columbarium, funeral home: one parking space for every 100 square feet of floor area, plus one parking space for every acre of land designated for internment.

(iv) School, kindergarten through high school: two parking spaces for every classroom, plus one parking space for every four seats in an auditorium, gymnasium or stadium.

(v) School, post-secondary: one parking space for every three students, plus one parking space for every four seats in an auditorium, gymnasium or stadium.

(vi) Library: one parking space for every 300 square feet of floor area.

(vii) Health care facility, not including a hospital, veterinarian: one parking space for every two employees, plus one parking space for every exam room.

(viii) Emergency services: one parking space for every two employees.

(ix) Hospital: one and one-half parking spaces for every bed.

(x) Historic landmark: three parking spaces, plus one parking space for every one acre of land.

(xi) Radio, TV broadcasting: one parking space for every two employees.

(e) Industrial: one parking space for every two employees, plus two parking spaces. Retail sales associated with industrial uses shall have one parking space for every 250 square feet of floor area.

(f) Transportation/Utilities.

(i) Rest stop without fueling station: five parking spaces per acre of land.

(ii) Airport, aircraft landing field, heliport: whichever is greater, five parking spaces; or one parking space for every two employees, plus one parking space for every hangar or slip.

(iii) Bus station, train station: one parking space for every four passengers at peak use.

(iv) Other transportation utilities, not otherwise specified: one parking space for every two employees, and two parking spaces.

(10) Accessible parking. Parking shall be installed in accordance with federal and state regulations for ADA accessibility.

(11) General interpretations. In the interpretation of this section, the following rule shall govern:

(a) Parking spaces for other permitted or special uses not listed in this section shall be determined by the hearing examiner where a land use permit is required and by the Administrator for other permitted uses.

(b) Fractional numbers shall be increased to the next whole number.

(c) Where there is an adequate public transit system or where for any other reason parking requirements are unusually low, the parking space provisions cited above may be reduced proportionately by the Administrator.

(d) In portions of a lot devoted exclusively to the smaller spaces marked for use by small cars, aisle width may be reduced to 20 feet for 90 degree parking; to 15 feet for 60 degree parking; and to 12 feet for 45 degree parking.

(12) In all use districts, space for the off-street storage and parking and loading and unloading of motor vehicles shall be reserved and improved for use when any building or structure is erected, or when any building or structure is enlarged or expanded in height or ground coverage so as to increase the number of required parking spaces by 10 percent over the number required prior to the enlargement or expansion. Any on-street parking space immediately adjacent to a use may be counted toward fulfilling that use’s parking requirements.

(13) Layout plan. Prior to the issuance of a building permit for any building or use requiring more than one parking space, a plan showing proposed and existing buildings and the layout, dimension, and number of parking spaces shall be submitted to and approved by the Administrator.

(14) Mixed uses. In the case of mixed uses, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. Off-street parking facilities for one use shall not be considered as providing required facilities to any other use except as herein specified for a joint use.

(15) Parking, restrictions–recreational vehicles and boats. No recreational vehicle, boat, boat trailer, or similar equipment shall be parked within the required street setback or side setback of any lot in any residential zone. [Ord. 1367 (Exh. C), 2025; Ord. 1170B, 2000]

TABLE 17.145A
Off-Street Parking Diagram 

A permit shall be obtained from the county engineer or the State Department of Transportation, as appropriate, prior to the construction of any driveways on a public right-of-way. The location of driveways adjacent to a property line functioning as one point of ingress and egress to both properties shall be encouraged and shall be considered as one driveway. The location of driveways shall be in accordance with standards adopted by the county or, if appropriate, by the State Department of Transportation. These standards shall regulate location, width, and alignment as they relate to safety and traffic congestion. [Ord. 1170B, 2000]

In no use district shall there be a collection of junk, scrap, and abandoned equipment, except where specific provisions are made concerning such items in a specific use district. Junk yards, salvage yards, and recycling operations shall comply with all applicable state and local siting and permitting regulations; provided, however, this provision is not applicable to Rural Development District, Chapter 17.100 LCC, and Resource Lands, Chapter 17.30 LCC. [Ord. 1170B, 2000]

All minimum lot sizes shall be consistent with the requirements of the International Building Code as adopted by Lewis County and Lewis County health regulations and with the maximum residential density permitted within each use district. [Ord. 1292 §31, 2018; Ord. 1170B, 2000]

(1) Visibility at Intersections in Residential Zones. Fences, walls, or hedges may be installed except in the following instances in which they may only be four feet or of a substance which does not interfere with traffic visibility:

(a) Within a 25-foot vision clearance triangle formed by the intersection of two street rights-of-way.

(b) Within a 10-foot vision clearance triangle formed by the intersection of an alley and street right-of-way. [Ord. 1292 §32, 2018; Ord. 1233 §1, 2011; Ord. 1170B, 2000]

The purpose of this chapter is to protect rural character, prevent rural area sprawl and avoid the need for urban services in rural areas. [Ord. 1283 §19, 2017; Ord. 1170B, 2000]

(1) Rural Areas of More Intensive Development. Any permit issued in a rural area of more intensive development shall meet the following conditions:

(a) The proposed use is consistent with the uses authorized in RCW 36.70A.070(5)(d)(i) through (iii), Chapter 17.42 LCC and the Lewis County comprehensive plan.

(b) The public facilities and services that supply the development are sized and located in a manner that is consistent with the Lewis County comprehensive plan, countywide planning policies and Growth Management Act.

(c) No boundary change is required for the area of more intensive rural development. Where a boundary change is required, no change shall be allowed without an amendment of the comprehensive plan consistent with the requirements of RCW 36.70A.070(5)(d)(i) through (v).

(2) All Rural Area Uses. Any permit issued in rural areas shall meet the following conditions:

(a) Urban growth is prohibited in all rural area developments, except as otherwise allowed in Chapter 36.70A RCW, the Growth Management Act.

(b) To accomplish this objective, the review authority (either the administrator or hearing examiner, depending on the permit) shall find that:

(i) The project makes adequate provision to assure that the development is limited to rural development and rural governmental services.

(ii) The project does not, directly or in concert with growth likely in the area affected, create a demand for urban governmental services or establish a form of “urban growth” that is prohibited outside urban growth areas. [Ord. 1283 §19, 2017; Ord. 1170B, 2000]

(1) Special Characteristics of Rural Development.

(a) Rural development refers to development outside of urban growth areas and outside designated long-term agricultural forest and mineral resource lands. Rural development can consist of a variety of residential, commercial and industrial uses and densities, including clustered residential development, at levels which are consistent with the preservation of rural character as defined in the Lewis County comprehensive plan.

(b) Rural development in Lewis County typically relies on existing facilities for school and fire, though existing facilities may be upgraded or expanded.

(c) Rural development commonly uses existing small towns and crossroad commercial facilities to meet local commercial needs.

(d) Rural residential development typically minimizes any impacts to the overall productivity of designated long-term resource lands within a one-mile radius of the proposed development.

(e) Clustered developments are considered appropriate for rural development if:

(i) The overall density of the land does not exceed the underlying zoning of the parcel (unless bonus densities are awarded);

(ii) The development can be accommodated with fire, school, and other rural public facilities without the need to relocate or create a new facility to serve the newly developing area; and

(iii) The development can be served by commercial facilities in existing crossroad commercial areas and small towns and does not establish a new commercial center for the county.

(f) Industrial and commercial uses are appropriate forms of rural development if consistent with the requirements in RCW 36.70A.070(5)(d) and the descriptions of rural character in Lewis County comprehensive plan. [Ord. 1283 §19, 2017]

Except as otherwise provided in this chapter, the lawful use of any building or structure (whether or not covered by UBC or L&I), building, land, or premises, that exists on the effective date of the adoption or amendment of the ordinance codified in this chapter, may be continued although such use does not conform to the provisions hereof. If such nonconforming use is discontinued for a period of 36 months or more, any future use of said building, land, or premises shall be consistent with the provisions of this title. [Ord. 1292 §35, 2018; Ord. 1269 §38, 2016; Ord. 1170B, 2000]

(1) Expansion within Existing Structure. Nonconforming uses may be extended throughout any building or structure (whether or not covered by UBC or L&I) partially occupied by the use at the time of passage of the ordinance codified in this chapter.

(2) Expansion of Building or Site. The expansion of a nonconforming use shall be reviewed as a Type III application per Chapter 17.05 LCC. The expansion must be on the lot of record as it existed at the time the use became nonconforming and the use shall not be expanded onto adjacent lots. The expansion may be approved if it is consistent with the applicable zoning regulations, except the use restrictions, and the activity complies with Chapter 17.158 LCC. [Ord. 1292 §35, 2018; Ord. 1269 §38, 2016; Ord. 1170B, 2000]

When a zone district is changed, existing nonconforming uses may be continued consistent with the provisions of this title. [Ord. 1292 §35, 2018; Ord. 1269 §38, 2016; Ord. 1170B, 2000]

The change of a nonconforming use to another type of a nonconforming use shall be processed as a Type III application per Chapter 17.05 LCC. The change may be approved if it is consistent with the applicable zoning regulations, except the use restrictions, and the activity complies with Chapter 17.158 LCC, providing that such change does not require the provision of water and sewer services at a level greater than are currently available to the subject property, and that the new nonconforming use does not result in greater impacts upon surrounding properties than the original nonconforming use. [Ord. 1292 §35, 2018; Ord. 1269 §38, 2016; Ord. 1170B, 2000]

If a nonconforming use or physical feature of a building or structure or group of buildings or structures on a site is damaged or destroyed by any means, that use shall be permitted to be rebuilt equal to the square footage of the damaged or destroyed building(s), and for the same use and at the same location on the site. Any such rebuilding shall meet the current building codes in LCC Title 15 in effect at the time of the application for reconstruction. Rebuilding shall be timely if the application for development is filed within 36 months of such damage. [Ord. 1292 §35, 2018; Ord. 1269 §38, 2016; Ord. 1170B, 2000]

Lots of record shall be as defined in LCC 16.02.050. [Ord. 1292 §35, 2018; Ord. 1269 §38, 2016; Ord. 1170B, 2000]

Any permitted use or structure is allowed on legal lots of record which do not meet the minimum lot size or width requirements of the zone; provided, that the setbacks and other applicable requirements conform to Lewis County regulations. [Ord. 1292 §35, 2018; Ord. 1269 §38, 2016; Ord. 1253, 2014]

Special use permits may be allowed as set forth in this chapter. Special use permits shall be reviewed as a Type III application. [Ord. 1292 §36, 2018; Ord. 1269 §39, 2016]

Special use permits shall run with the land and be binding on all parties with an interest in the land to which the permit attaches. [Ord. 1292 §36, 2018; Ord. 1269 §39, 2016]

Revisions to special use permits may be processed as a Type I application; provided, that the proposed changes are within the scope and intent of the original permit. “Within the scope and intent of the original permit” shall mean the following:

(1) Lot coverage and height may be increased a maximum of 10 percent from the provisions of the original permit; provided, that revisions involving new structures not shown on the original site plan shall require a new permit; and provided further, that any revisions authorized under this subsection shall not exceed height, lot coverage, setback, or any other requirements of the regulations for the area in which the project is located.

(2) Landscaping may be added to a project without necessitating an application for a new permit; provided, that the landscaping is consistent with conditions (if any) attached to the original permit and is consistent with the regulations for the area in which the project is located.

(3) The use authorized pursuant to the original permit is not changed.

(4) No additional over-water construction will be involved for shoreline conditional use permits.

(5) No substantial increase in adverse environmental impacts will be caused by the project revision.

Revisions beyond the scope and intent of the original permit shall be processed as a Type III application. [Ord. 1292 §36, 2018; Ord. 1269 §39, 2016]

An application for an administrative approval and administrative reduction shall be processed as a Type II application. [Ord. 1269 §40, 2016]

(1) Home Occupation.

(a) No more than two persons, other than family residing on the premises, shall be engaged in such occupation.

(b) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants.

(c) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, other than one sign, not exceeding four square feet in area, nonilluminated and mounted on the property; except day care facilities with 10 children or less may use yard areas for recreation.

(d) No traffic shall be generated by such home occupations in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this title and shall not be located in a required front yard.

(e) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lots, if the occupation is conducted in a single-family residence or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuation in line voltage off the premises. [Ord. 1283 §21, 2017; Ord. 1269 §40, 2016; Ord. 1253, 2014; Ord. 1170B, 2000]

Variances shall be processed as a Type III application per Chapter 17.05 LCC. Variances may be granted that are in harmony with the general purposes and intent of this title; provided, that no variance shall be granted which authorizes a use which is not permitted by the underlying zoning.

(1) Conditions for Variances from General Zoning Regulations. Before any variance may be granted, it shall be shown that the following circumstances are found to apply:

(a) That any variance granted shall not constitute a grant of special privilege, be based upon reasons of hardship caused by previous actions of the property owner, nor be granted for pecuniary reasons alone.

(b) Because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of this title is found to cause a hardship and deprive the subject property of a reasonable use or improvement generally allowed in the zone classification. Aesthetic considerations or design preferences without reference to restrictions based upon the physical characteristics of the property do not constitute sufficient hardship under this section.

(c) That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the vicinity.

(2) Conditions for Airport Variances.

(a) Variances shall be required for any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property, not in accordance with the regulations prescribed within an airport overlay zone established in Chapter 17.80 LCC.

(b) Application for a variance request shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe and efficient use of navigable airspace.

(c) Standards of Review. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in practical difficulty or unnecessary hardship and the relief granted will not create a hazard to air navigation and will not be contrary to the public interest, but will do substantial justice, and will be in accordance within the spirit of this chapter.

(3) Conditions of Approval. Any variance granted may be subject to any reasonable conditions that the hearing examiner may deem necessary to effectuate the purposes of this chapter.

(4) Review of Variance Request by Airport Board. No application for a variance to the requirements of this chapter may be considered by the hearing examiner unless a copy of the application has been furnished to the respective airport board for advice as to the aeronautical effects of the variance. If the airport board does not respond within 15 days after receipt, the hearing examiner may act on his/her own to grant or deny said application. [Ord. 1269 §41, 2016]

The purpose of this chapter is to identify the maps which are incorporated into the Lewis County development regulations which delineate zoning districts. Where a conflict exists between the map and the text, the text shall prevail. The zoning districts may be refined from time to time by adoption of amendments (rezones) to the zoning map, in accordance with this text and Chapters 36.70 and 36.70A RCW and Chapter 1.05 LCC. Regardless of copies, the official zoning map shall be located in the board of county commissioners (BOCC) office. The community development department shall be the final authority as to the current boundaries of the zoning districts. [Ord. 1269 §43, 2016; Ord. 1223 §1 (Exh. A), 2011; Ord. 1179, 2002; Ord. 1170B, 2000]

In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements for development. In the event that uncertainty is deemed to exist on the official Lewis County zoning map, zoning district boundaries shall be on section lines; lot lines; the center lines of highways, streets, alleys, railroad rights-of-way or such lines extended; municipal corporation lines; natural boundary lines, such as streams and topography; the ordinary high water mark (OHWM) of lakes and streams subject to shoreline management program jurisdiction; or other lines to be determined by the use of scales shown on said map. Where a zoning district line purposely divides a land parcel, such parcel shall be subject to the procedures and requirements of the respective districts as applied. In the event that districts are overlaid by shoreline management program designation(s), the most restrictive regulations of either the shoreline management program or the official Lewis County zoning ordinance shall apply. [Ord. 1269 §43, 2016]

(1) Official Lewis County zoning map.

(2) Other maps as referenced within this title. [Ord. 1270, 2016; Ord. 1269 §43, 2016; Ord. 1241 (Att. B), 2012; Ord. 1238 (Att. A), 2012; Ord. 1230 §2 (Att. B), 2011; Ord. 1228 §2 (Exh. A), 2011; Ord. 1223 §1 (Exh. A), 2011; Ord. 1219 §§2-5, 2010; Ord. 1210 §§2, 3, 2009; Ord. 1207 §1, 2009; Ord. 1205 §1, 2009; Ord. 1203 §1, 2008; Ord. 1201 §1, 2008; Ord. 1198 §1, 2007; Ord. 1197 §1, 2007; Ord. 1179N §§1, 2, 2007; Ord. 1179I §§1-3, 2004; Ord. 1179H §2, 2004; Ord. 1179E §1, 2003; Ord. 1179B §3, 2003; Ord. 1179, 2002; 1170B, 2000. Formerly 17.200.020]

The purpose of this chapter is to establish authority and procedures for compliance with the Lewis County development regulations and other regulations as set forth in this chapter. [Ord. 1227 §1 (Att. A), 2011]

The provisions of this chapter shall be applicable to any development, land use or activity on a property that is contrary to any provision of the following regulations:

LCC Title 8, Health and Safety;

LCC Title 12, Public Roads and Places;

LCC Title 15, Building and Construction;

LCC Title 16, Subdivisions;

LCC Title 17, Land Use and Development Regulations.

Such development, activity or use shall be and is hereby declared to be an unlawful public nuisance and subject to the provisions contained within this chapter. Every owner has a duty to maintain his or her property free of public nuisances and to comply with any written order concerning the removal or abatement of a public nuisance. [Ord. 1227 §1 (Att. A), 2011]

(1) Permits and Approvals. Lewis County regulations require acquisition of permits or approvals before certain activity may be performed. It shall be unlawful to conduct these regulated activities without first obtaining a written permit or approval. When a permit or approval has been issued, it shall be unlawful to act in a manner which is inconsistent with such permit or approval.

(2) Uses. The development regulations identify zone classifications and uses allowed in various geographic areas. It shall be unlawful to use property contrary to those zones and use classifications unless such use is considered to be legally nonconforming or otherwise exempt from the development regulations.

(3) License, permit, or approval for uses or activity where the same would be in conflict with any provision of the Lewis County development regulations shall not be issued. In the event that conflicting licenses, permits, or approvals are issued, the most restrictive license, permit, or approval shall apply while any license, permit, or approval, if issued in conflict with the provisions hereof, shall be null and void. [Ord. 1227 §1 (Att. A), 2011]

(1) Notice and Orders to Correct, Stop Work Orders or Any Other Written Order.

(a) The county is authorized to issue a notice and order to correct, stop work order, or any other written order when any person, firm, corporation or agent thereof has engaged in any development activity or land use or activity contrary to any provision of the regulations listed in LCC 17.300.020. The order may be directed to the person, firm, corporation or agent thereof who committed the violation and/or to the owner of the property where the violation occurred.

(b) Notice and orders to correct, stop work orders, or any other written orders shall be obeyed upon issuance of the order. Such order shall specify each violation by reference to the specific title, chapter, and section, or by reference to the approved permit. Every written order shall describe the violation and shall order appropriate corrective action(s) to be taken within a specified time period.

(c) Any final written order shall be served by any one or combination of the following methods:

(i) By first class or certified mail with a return receipt requested to the last known address of the intended recipient; or

(ii) By posting the order in a prominent location on the property where the violation occurred; or

(iii) By personal service.

(d) Appeals of final written orders shall proceed according to LCC 2.25.130 as an appeal of an administrative order or decision. After hearing said matter, the examiner shall issue a decision upholding, revoking, or modifying the order. The decision of the examiner is final and conclusive unless said matter is determined otherwise by the appropriate court.

(2) Additional Enforcement Powers.

(a) The provisions of this subsection are in addition to, and not in lieu of, any other penalty, sanction, or right of action provided by law.

(b) The county may require the owner to remove any unpermitted development and/or restore the property to the predevelopment condition.

(c) The county may remove, correct, or replace unpermitted development or portion thereof. All expenses incurred by the county to remove, correct, or replace unpermitted developments on a property must be paid in full prior to the issuance of any additional permits.

(d) The county may record a notice of noncompliance with the Lewis County auditor against the property on which a violation has taken place. A notice of noncompliance is recorded on the title to notify any interested parties or lenders that a violation exists on the property; provided, that:

(i) Prior to recording a notice of noncompliance, the county shall provide written notice of intent to record to the owner. Notice shall be delivered either personally or by mailing a copy of such notice by regular first class or certified mail to last known address of the owner. If the owner’s address is unknown, the notice shall be mailed to the taxpayer as shown on the assessor’s records.

(ii) When any monetary penalty assessed for the violation has been paid and the violation has been remedied to the satisfaction of the county (i.e., final inspections have occurred and final approvals have been granted), the county may record a notice of compliance. The owner shall be responsible for paying the cost of recording the notice of noncompliance and the notice of compliance before the notice of compliance is recorded. [Ord. 1227 §1 (Att. A), 2011]

The purpose of penalty provisions is to discourage violations of existing codes and regulations and to provide a mechanism to obtain redress for ecological, recreational, and economic values lost or damaged due to any unlawful actions.

(1) Civil Infractions. Acts which are designated as civil infractions under this code shall be prosecuted in accordance with Chapter 1.20 LCC.

(2) Civil Penalty. The provisions of this subsection are in addition to and not in lieu of any other penalty, sanction, or right of action provided by law. Any person who fails to obtain a necessary permit prior to conducting activities governed by the provisions of this title and/or any person who fails to comply with a final written order may be assessed a civil penalty as follows:

(a) The director of each applicable county department or designee may assess the violator a civil penalty not to exceed $1,000 for each violation.

(b) Each violation or each day of continued unlawful activity shall constitute a separate violation. Each day that a person fails to comply with the terms of a final written order shall constitute a separate violation.

(c) Any person who, through an act of commission or omission, aids in a violation shall be considered to have committed the violation for purposes of the civil penalty.

(d) The director of each applicable county department or designee shall impose the penalty provided for in this section by sending written notice, either by certified mail with return receipt requested or by personal service, to the person incurring the penalty. Such written notice shall describe the violation with reasonable particularity and shall order appropriate corrective action(s) to be taken within a specified time period.

(e) Within 30 days after the notice of penalty is received, the person incurring the penalty may apply in writing to the director of each applicable county department or designee for remission or mitigation of such penalty. Upon receipt of the application, the director of each applicable county department or designee may remit or mitigate the penalty upon whatever terms are deemed proper to bring about compliance with the applicable regulations.

(f) Any decision(s) regarding remission or mitigation of penalties imposed pursuant to this subsection may be appealed to the Lewis County hearing examiner under Chapter 2.25 LCC as an appeal of an administrative order or decision.

(g) If the penalty is not appealed, the violator will have up to 30 days after receipt of notice to pay the penalty, unless a written request is made to the director of each applicable county department or designee, who may then grant a longer time period for payment.

(h) Any violation of the Lewis County hearing examiner conditions shall pay a penalty in the amount of one-half the cost of the original application fee. This penalty may not be applied toward application fees.

(i) The payment of a civil penalty for any violation shall not excuse the violation or allow it to continue.

(3) Misdemeanor. It shall be a misdemeanor for any person, firm, corporation, or association or any agent of any person, firm, corporation, or association to knowingly perform any act in violation of any of the provisions of the regulations listed in LCC 17.300.020, or to knowingly fail to comply with the terms of a final written order after being served with a copy of the order. Service of the order shall be by any one or combination of the methods listed in LCC 17.300.040(1)(c). A misdemeanor under this code shall be punishable by a fine of not more than $1,000 or by imprisonment of not more than 90 days, or both. The imposition of a penalty for any violation shall not excuse the violation or allow it to continue. Each person found guilty of a misdemeanor shall be deemed guilty of a separate offense for each day during any portion of which any violation of any provision of this code is committed, continued, or permitted by such person.

(4) Gross Misdemeanor. It shall be a gross misdemeanor for any person, firm, corporation, or association or any agent of any person, firm, corporation, or association to violate any provision of this title:

(a) Relating to the sale, offer for sale, lease or transfer of any lot, tract, or parcel of land in violation of state or local subdivision laws and/or regulations.

(b) Any person found to have willfully engaged in activities on the shorelines of the state in violation of the provisions of this title and/or the shoreline management regulations, or who knowingly fails to comply with a written order regarding regulated activities on the shorelines of the state after being served with a copy of the order, shall be guilty of a gross misdemeanor pursuant to the provisions set forth in RCW 90.58.220. Service of the order shall be by any one or combination of the methods listed in LCC 17.300.040(1)(c).

(5) Each Day a Separate Offense - Injunction. Each person, firm, or corporation found guilty of a violation shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of the regulations listed in LCC 17.300.020 is committed, continued, or permitted by such person, firm, or corporation and shall be punishable therefor as provided for in this chapter; and any development, activity, use, occupation, building, or structure maintained contrary to the provisions hereof shall constitute a public nuisance and may be enjoined as provided by law.

(6) Additional Penalties.

(a) Failure to comply with any provision of the regulations listed in LCC 17.300.020 will be cause for withholding or withdrawing approval of the overall project plans, suspension or denial of any permit applications, revocation of approvals or permits, suspension of building inspections, forfeiture of the financial guarantee submitted as part of an application to the county, and/or nonacceptance of the work by the county.

(b) Any person who violates any provision of the shoreline management regulations shall also be subject to additional penalties as set forth in RCW 90.58.210 and 90.58.230.

(7) Recovery of Costs Incurred by the County.

(a) Any person who discharges or causes a discharge which violates the county’s National Pollutant Discharge Elimination System (NPDES) permit and/or obstruction or causes damage to or impairs the county’s stormwater disposal system or causes damage to physical, chemical, or biological systems of waters of the state or waters of the United States shall be liable to the county for any expense, loss or damage caused by such violation or discharge, including the costs for bringing the county back into compliance with its NPDES permit associated with the violation of these regulations, and any fine levied for the violation of the county’s NPDES permit.

(b) Any person violating any of the regulations listed in LCC 17.300.020 shall be liable to the county for any expense, loss or damage caused by such violation including the costs to the county for bringing the property back into compliance.

(c) A bill issued by the director of each applicable county department or designee for collection of costs incurred under this subsection may be appealed to the Lewis County hearing examiner within 14 days of the date of the bill pursuant to LCC 2.25.130, Appeals with the examiner. [Ord. 1227 §1 (Att. A), 2011]