ORDINANCE NO. 2005 - 02
(AN ORDINANCE AFFECTING SKAMANIA COUNTY CODE Title 21: AMEND SECTION 21.04.010, AMEND SECTION 21.04.030(B), AMEND SECTION 21.04.040, ADD SECTION 21.04.045, AMEND SECTION 21.08.010, AMEND SECTION 21.12.020, AMEND SECTION 21.16.010, AMEND SECTION 21.16.020, AMEND SECTION 21.16.040(A), REPEAL SECTION 21.16.040(I), AMEND SECTION 21.16.040(J), AMEND SECTION 21.16.050(A), AMEND SECTION 21.16.080, AMEND SECTION 21.16.120, AMEND SECTION 21.18.030, AMEND SECTION 21.18.050, AMEND SECTION 21.18.070(B), REPEAL SECTION 21.20.020
Whereas, on
Whereas, a Determination of Non-Significance (DNS) was issued on
Whereas, official notice of the public hearing was provided in the official newspaper of general circulation at least 10 days prior to the public hearing, meeting the notification requirements; and,
Whereas, the Planning Commission held a workshop on
Whereas, a legislative public hearing was held on
Whereas, the public hearing was closed to public comment on
Whereas, the
Whereas, the Planning Commission discussed the proposed changes and the public hearing was continued for further deliberations to
Whereas, the creation for temporary hardship dwellings and communication facilities will provide standards and consistency for the applicants and interested parties.
Whereas, the removal of obsolete text and text layout changes will provide the public with a better opportunity for understanding the zoning text.
Whereas, on
Whereas, on
Whereas, official notice of the public hearing was provided in the official newspaper of general circulation at least 10 days prior to the public hearing, meeting the notification requirements; and,
Whereas, on
NOW THEREFORE BE IT HEREBY ORDAINED
Skamania
Title 21 – Zoning
Chapter 21.04 General Provisions 1
Chapter 21.08 Definitions 3
Chapter 21.12 Applicability 11
Chapter 21.16 Administration 12
Chapter 21.18 Zoning Text and Map Amendments 18
Chapter 21.20 Non-Conformities 22
Chapter 21.24 Relationship to Comprehensive Plan 24
Chapter 21.28 Residential 1 Zone Classification (R-1) 26
Chapter 21.32 Residential 2 Zone Classification (R-2) 32
Chapter 21.36 Residential 5 Zone Classification (R-5) 35
Chapter 21.40 Residential 10 Zone Classification (R-10) 38
Chapter 21.44 Rural Estate Zone Classification (
Chapter 21.48 Community Commercial Zone Classification (CC) 44
Chapter 21.50 Commercial Recreation Zone Classification (CR) 50
Chapter 21.52 Industrial Zone Classification (MG) 52
Chapter 21.56 Resource Production Zone Classification (FOR/AG 10 & 20) 55
Chapter 21.60 Natural Zone Classification (
Chapter 21.64 Unmapped Classification (
Chapter 21.65
Chapter 21.66
Chapter 21.70 Supplementary Development and Use Standards 86
Chapter 21.85 Residential Care Facilities 98
Chapter 21.86 Child Care Facilities 100
Chapter 21.100 Violation – Penalty 104
Chapter 21.110 Severability 104
CHAPTER 21.04 - GENERAL PROVISIONS
Sections:
21.04.010 General title.
21.04.020 Short title.
21.04.030 Zoning map.
21.04.040 Standards, scope and compliance.
21.04.045 Effect on previously created parcels
21.04.050 Text and zoning map relationship.
21.04.010 GENERAL TITLE
The document codified in this title shall be known as and may be cited as the
21.04.020 SHORT TITLE
The document codified in this title may refer to itself internally as "this title". (Ord. 1985-05 §1.0.20).
21.04.030 ZONING
A. A zoning map will be made a part of this title as community areas are zoned which shall be known as the "zoning map". The zoning map shall show the zone classifications and special purpose district boundaries assigned to specific parcels of property.
B. The zoning map(s) shall be placed on file with the Department of Planning and Community Development. Retired zoning maps shall remain in the archives on file with the Department of Planning and Community Development.
21.04.040 STANDARDS, SCOPE
Standards provided by this title for particular districts and circumstances are determined to be the minimum requirement in the interest of public health, safety, and general welfare to achieve the objectives of the Skamania County Comprehensive Plan A. A parcel of land may be used or developed by land division or otherwise, and a structure may be used or developed by construction, reconstruction, alteration, occupancy or otherwise, only as this title permits. In addition to complying with criteria and other provisions within this title, each development shall comply with the applicable standards set forth in the Supplementary Development Standards section (see 21.70) of this title. The requirements of this title apply to the person undertaking a development or the user of a development, and to the person's successors in interest.
21.04.045 EFFECT ON PREVIOUSLY CREATED PARCELS
A. The applicable minimum lot size shall not be used to prohibit a use which is otherwise allowable on any legally created parcel of land.
B. Any legally created parcel of land which contains more than one (1) legally placed or constructed single-family dwelling may be divided so as each single-family dwelling is on a separate parcel of land, regardless of the applicable minimum lot size, pursuant to
21.04.050 TEXT
A. The text and zoning map are two distinct parts of zoning. One is ineffective without the other. The land use regulations contained in the text take effect in areas of
B. This title shall consist of the text hereof and the zoning map or maps identified by the approving signature of the Chairman of the Board. If any conflict between the zoning maps and the text of this title arises, the text of this title shall prevail. (Ord. 1985-05 §1.0.50).
21.08.010 DEFINITIONS - INTERPRETATION
Whenever the following words and phrases appear in this title they shall be given the meaning attributed to them by this section. When not consistent with the context, words used in the present tense shall include the future; the singular shall include the plural, and the plural the singular; the word "shall" is always mandatory, and the words "should" and "may" indicates a use of discretion in making a decision. Words used in this title which are not defined in this section shall (when necessary) be defined as to the meaning used in a college level dictionary; or (where required or necessary) as defined in state law under the appropriate RCW, WAC regulations, or county ordinances.
1. Accessory Use or Structure: One which is subordinate to the principal use or structure on the lot serving a purpose clearly incidental to the use or structure.
2. Access Panhandle: A strip of land less than 30 feet wide, primarily used for ingress and egress.
3. Accessory Equipment Structure: an un-staffed structure used to contain the equipment necessary for processing communication signals. The accessory equipment structure does not include guyed, lattice or monopole towers.
4. Agriculture, Commercial: All agricultural practices, including animal husbandry, resulting in commercial sales, whether on or off the premises.
5. Agriculture, Domestic: All agricultural practices, including animal husbandry, which are limited to personal, family use and do not result in commercial sales.
6. Amateur (or Ham) Radio: Radio transmission or receiving antenna or communication device operated for non-commercial purposes by individuals licensed by the Federal Communications Commission (FCC).
7. Antenna Array: One or more rods, panels, discs or similar devices used for the transmission or reception of communication signals, which may include omni-directional antenna (rod), directional antenna (panel), and parabolic antenna (disc). The antenna array does not include the communication tower.
8. Attached Communication Facility: An antenna array that is attached to a building or structure used for other than communication purposes. The term includes but is not limited to utility poles and water towers.
9. Billboard: Any freestanding sign exceeding twelve (12) feet in total height and ninety-six (96) square feet in area.
10. Board: The Board of
11. Board of Adjustment: A quasi‑judicial body whose responsibility is to hear appeals from decisions of the Planning Director and to consider requests for variances, conditional use permits, and other quasi‑judicial and administrative determinations as may be delegated by this title or other Skamania County Codes.
12. Building: A structure of permanent construction, having a roof and intended to be used for sheltering people, animals, property, or business activities. The term shall include mobile homes, mobile home units, and buildings which are capable of being moved. The term shall also include decks and balconies attached to a permanent structure.
13. Building, Accessory: A building which is on the same lot with, and of a nature customarily incidental and subordinate to, the principal building.
14. Building Coverage: The maximum percent allowable of the total lot area on which buildings and accessory buildings shall be permitted to occupy.
15. Building Location: Any area that is covered by a building, appendage, or architectural projection, to or from the building such as bays, porches, balconies, cornices, belt courses, water tables, sills, capitals, bases, or any other projection.
16. Child Day Care: The provision of supplemental parental care and supervision:
a. For a non-related child or children,
b. On a regular basis,
c. For less than 24 hours a day, and
d. Under license by the Washington State Department of Social and Health Services.
As used in chapter 21.86, the term is not intended to include babysitting services of a casual, non-recurring nature or in the child's own home. Likewise, the term is not intended to include cooperative, reciprocative childcare by a group of parents in their respective homes.
17. Child Day Care Facility: A building or structure in which an agency, person, or persons regularly provide care for a group of children for periods of less than 24 hours. It includes the following subcategories:
a. Family Day Care Home: A day care home for the care of 10 or fewer children, located in the family dwelling of the provider.
b.