ORDINANCE 2007-12
(AN ORDINANCE AMENDING
WHEREAS, The Board of County Commissioners on July 3, 2007, established and extended for six months the moratorium on the acceptance and processing of building, mechanical and/or plumbing permits on any parcel of land 20 acres or larger that was created by deed since February 16, 2006, the acceptance and processing of land divisions (subdivisions and short subdivisions) creating lots of less than 10 acres, on the construction/placement of more than one single-family dwelling per legal lot of record, and the acceptance and processing of State Environmental Policy Act (SEPA) checklists related to forest practice conversions for any parcel located within Township 6 North, Range 5 East; Township 7 North, Range 5 East; Township 6 North, Range 6 East; and Township 7 North, Range 6 East, Willamette Meridian. All the aforementioned area is generally known as the Swift Subarea of Skamania County.
WHEREAS,
WHEREAS, on September 4, 2007, the Board of County Commissioners authorized the Planning Department to draft interim zoning controls for the Swift Subarea; and,
WHEREAS, the Board of County Commissioners determined that in order to protect the health, safety and general welfare of the public, at a minimum, the Interim Zoning Controls need to be adopted prior to repealing the moratorium; and,
WHEREAS, the Board of County Commissioners has the authority pursuant to RCW 36.70.795 to establish interim zoning controls, whether or not there is a recommendation on the matter from the Planning Commission or the Planning Department, that may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing for such longer period. Interim Zoning Controls may be renewed for one or more six-month period(s) if a subsequent public hearing is held and findings of fact are made prior to each renewal; and,
WHEREAS, a work plan for the Final Swift Zoning process has been developed; and,
WHEREAS, Board of County Commissioners determined that the Interim Zoning Controls shall consist of minimum lot sizes and uses that are consistent with the adopted Swift Subarea Plan; and,
WHEREAS, some uses in the adopted Swift Subarea Plan need further refinement, the creation of standards, and amendments to other county codes that will be accomplished during the Final Swift Zoning process and should not be included in the Interim Zoning Controls; and,
WHEREAS, the Board of County Commissioners having provided proper notice in the official newspaper of general circulation and with a quorum present, conducted a public hearing to consider adopting Interim Zoning Controls for the Swift Subarea for six months; and,
WHEREAS, after all those attending the hearing were given the opportunity to speak; the public hearing was closed to public testimony; and,
WHEREAS, the Board of County Commissioners corrected the error in proposed section 21.68.110(A) by deleting item number 13 and renumbering items 14, 15, & 16 to be items 13, 14, & 15; and,
WHEREAS, the Board of County Commissioners finds a sufficient basis to establish Interim Zoning Controls in the Swift Subarea for six (6) months; and,
WHEREAS, the Board of County Commissioners intends for these recitals to constitute its “findings of fact” as required by RCW 36.70.795; and,
NOW, THEREFORE BE IT HEREBY ORDAINED AND ESTABLISHED BY THIS BOARD OF COUNTY COMMISSIONERS AS FOLLOWS: the Board of County Commissioners hereby adopts Ordinance 2007-12 to amend Skamania County Code Title 21 by establishing a new chapter 21.68 (Swift Interim Zoning) and the following is the final draft of the Ordinance establishing Skamania County Code Chapter 21.68:
Sections:
21.68.010 APPLICABILITY
21.68.020 EFFECTIVE DATE
21.68.030 ZONING MAP
21.68.040 RELATIONSHIP TO BALANCE OF TITLE 21
21.68.050 ZONE CLASSIFICATIONS
21.68.060 MOUNTAIN RECREATIONAL 5 (MR5)
21.68.070 MOUNTAIN RECREATIONAL 10 (MR10)
21.68.080 MOUNTAIN RECREATIONAL 20 (MR20)
21.68.090 SWIFT RECREATIONAL (SR)
21.68.100 SWIFT FOREST LANDS 20 (S-FL20)
21.68.110 SWIFT COMMERCIAL RESOURCE LANDS 40 (S-CRL40)
21.68.010 APPLICABILITY
This chapter applies to all lands in that portion of unincorporated
21.68.020 EFFECTIVE DATE
This chapter shall become effective upon adoption hereof by the Board of County Commissioners. (Final Interim Zoning passed into law September 25, 2007).
21.68.030 ZONING MAP
A zoning map will be made a part of this chapter and shall be known as the “Swift Subarea Zoning Map.” The zoning map shall show the zone classifications assigned to specific parcels of property.
21.68.040 RELATIONSHIP TO BALANCE OF TITLE 21
Except to the extent that the provisions of this chapter are in conflict with or contradict the provisions of the balance of Title 21, the provisions set out in Title 21 shall remain in full force and effect in the Swift Subarea planning area. When conflict arises, the provisions of this Chapter are controlling.
21.68.050 ZONE CLASSIFICATIONS
Zones shall be shown on the Swift Subarea Zoning Map and its revisions. Where the abbreviated designation is used it has the same meaning as the entire zone classification title.
Abbreviated Designation/Zone Classification Title | Mapping Symbol |
Mountain Recreational 5 | MR5 |
Mountain Recreational 10 | MR10 |
Mountain Recreational 20 | MR20 |
Swift Recreational | SR |
Swift Forest Lands 20 | S-FL20 |
Swift Commercial Resource Lands 40 | S-CRL40 |
21.68.060 MOUNTAIN RECREATIONAL 5 (MR5)
A. ALLOWABLE USES.
1. Single-family dwellings.
2. Public, semi-public, and private water facilities and utility systems.
3. Accessory uses normally associated with an allowable use.
4. Co-location of new telecommunication antennas located on BPA towers.
5. Cottage Occupations, Light Home Industry and Professional Services consistent with Chapter 21.70 of this title.
6.
7. Cluster developments consistent with Section 21.70.150 of this title provided that:
a. any land division utilizing the cluster development concept shall not be granted a change in Comprehensive Plan designation or zoning classification for a minimum of 10 years from the date of recording the land division;
b. all clustered lots within the land division shall be at least two (2) acres in size;
c. the total number of allowable lots within the land division shall not exceed the overall density set by the comprehensive plan and the zoning classification; and,
d. all open space/common areas shall be owned in common by all landowners within the land division, with each landowner listed on the recorded deed.
B. ADMINISTRATIVE REVIEW USES.
1. Co-location of new telecommunication antennas on non-BPA towers, consistent with Section 21.70.160 of this title.
C. CONDITIONAL USES.
1. Meeting halls, such as but not limited to civic, social and fraternal organizations.
2. Scout camps, church camps, and/or youth camps.
3. New recreational vehicle parks and campgrounds.
4. New telecommunication tower facilities and co-location of communication tower facilities, consistent with Section 21.70.160 of this title.
5. Expansion of existing legally established mineral resource extraction and/or processing sites.
D. TEMPORARY USES PERMITTED.
Temporary uses shall be permitted in accordance with the requirements of Section 21.70.120 of this title.
E. PROHIBITED USES.
Any uses not listed above are prohibited, including but not limited to:
1. Industrial uses.
2. New mobile home parks.
3. Duplexes and multi-family (3 or more units) dwelling units.
4. New extraction or processing of mineral resources.
F. MINIMUM DEVELOPMENT STANDARDS.
1.
a. Minimum lot size shall be 5 acres. The lot depth should not exceed the lot width by more than a ration of four to one (four being the depth). Access panhandles shall not be taken into account as part of the area calculations relative to minimum lot size indicated above.
b. A minimum of five acres is required for each lot within a new land division, unless the Local Health Department Authority requires greater lot size.
2. Density Requirements.
a. Single-family: Each single family housing unit (including mobile homes) shall require the minimum lot area listed under 21.68.060(F)(1).
b. If more than one single-family dwelling is constructed or placed on a parcel, the total parcel size (acreage) is required to be at least five times the number of units.
3. Setbacks.
The standard setback requirements shall be as follows:
a. Front yard: No building or accessory building shall be constructed closer than 50 feet from the centerline of the public road right-of-way or private access easement (not including private driveways), or 20 feet from the front property line, whichever is greater.
b. Side yard: On each side of the building or accessory building, a side yard shall be provided of not less than 20 feet.
c. Rear yard: A rear yard shall be provided of not less than 20 feet, including accessory buildings.
d. Non-conforming lots: Lots of less than 2 acres in size shall conform to standard Building Code setback requirements.
e. A Yard that Fronts On More Than One Road: A setback requirement for the front yard of a lot that fronts on more than one road shall be the required setback for that zone classification. All other frontages shall have a setback of 15 feet from the property line, or the edge of the public road right-of-way or private road easement, whichever is greater if the parcel is less than 2 acres. If the parcel is greater than two (2) acres, the setback shall be 20 feet from the property line, or the edge of the public road right-of-way or private road easement, whichever is greater.
f. Setbacks from cul-de-sacs and hammerhead turnarounds shall be 20 feet from the property line, or the edge of the public road right-of-way or private road easement whichever is greater.
4. Other Standards.
a. No building or structure may be located within any easement.
21.68.070 MOUNTAIN RECREATIONAL 10 (MR10)
A. ALLOWABLE USES.
1. Single-family dwellings.
2. Public, semi-public, and private water facilities and utility systems.
3. Accessory uses normally associated with an allowable use.
4. Co-location of new telecommunication antennas located on BPA towers.
5. Cottage Occupations, Light Home Industry and Professional Services consistent with Chapter 21.70 of this title.
6. Forest practices and associated management activities of any forest crop, including but not limited to timber harvest, harvesting of forest resources (mushrooms, bear grass, boughs, berries, etc.), Christmas trees, and nursery stock.
7. Cluster developments consistent with Section 21.70.150 of this title provided that:
a. any land division utilizing the cluster development concept shall not be granted a change in Comprehensive Plan designation or zoning classification for a minimum of 10 years from the date of recording the land division;
b. all clustered lots within the land division shall be at least two (2) acres in size;
c. the total number of allowable lots within the land division shall not exceed the overall density set by the comprehensive plan and the zoning classification; and,
d. all open space/common areas shall be owned in common by all landowners within the land division, with each landowner listed on the recorded deed.
B. ADMINISTRATIVE REVIEW USES.
1. Co-location of new telecommunication antennas on non-BPA towers, consistent with Section 21.70.160 of this title.
C. CONDITIONAL USES.
1. Meeting halls, such as but not limited to civic, social and fraternal organizations.
2. Scout camps, church camps, and/or youth camps.
3. New recreational vehicle parks and campgrounds.
4. New telecommunication tower facilities and co-location of communication tower facilities, consistent with Section 21.70.160 of this title.
5. Expansion of existing legally established mineral resource extraction and/or processing sites.
D. TEMPORARY USES PERMITTED.
Temporary uses shall be permitted in accordance with the requirements of Section 21.70.120 of this title.
E. PROHIBITED USES.
Any uses not listed above are prohibited, including but not limited to:
1. Industrial uses.
2. New mobile home parks.
3. Duplexes and multi-family (3 or more units) dwelling units.
4. New extraction or processing of mineral resources.
F. MINIMUM DEVELOPMENT STANDARDS.
1.
a. Minimum lot size shall be 10 acres. The lot depth should not exceed the lot width by more than a ration of four to one (four being the depth). Access panhandles shall not be taken into account as part of the area calculations relative to minimum lot size indicated above.
b. A minimum of ten acres is required for each lot within a new land division, unless the Local Health Department Authority requires greater lot size.
2. Density Requirements.
a. Single-family: Each single family housing unit (including mobile homes) shall require the minimum lot area listed under 21.68.070(F)(1).
b. If more than one single-family dwelling is constructed or placed on a parcel, the total parcel size (acreage) is required to be at least ten times the number of units.
3. Setbacks.
The standard setback requirements shall be as follows:
a. Front yard: No building or accessory building shall be constructed closer than 50 feet from the centerline of the public road right-of-way or private access easement (not including private driveways), or 20 feet from the front property line, whichever is greater.
b. Side yard: On each side of the building or accessory building, a side yard shall be provided of not less than 20 feet.
c. Rear yard: A rear yard shall be provided of not less than 20 feet, including accessory buildings.
d. Non-conforming lots: Lots of less than 2 acres in size shall conform to standard Building Code setback requirements.
e. A Yard that Fronts On More Than One Road: A setback requirement for the front yard of a lot that fronts on more than one road shall be the required setback for that zone classification. All other frontages shall have a setback of 15 feet from the property line, or the edge of the public road right-of-way or private road easement, whichever is greater if the parcel is less than 2 acres. If the parcel is greater than two (2) acres, the setback shall be 20 feet from the property line, or the edge of the public road right-of-way or private road easement, whichever is greater.
f. Setbacks from cul-de-sacs and hammerhead turnarounds shall be 20 feet from the property line, or the edge of the public road right-of-way or private road easement whichever is greater.
4. Other Standards.
a. No building or structure may be located within any easement.
21.68.080 MOUNTAIN RECREATIONAL 20 (MR20)
A. ALLOWABLE USES.
1. Single-family dwellings.
2. Public, semi-public, and private water facilities and utility systems.
3. Accessory uses normally associated with an allowable use.
4. Co-location of new telecommunication antennas located on BPA towers.
5. Cottage Occupations, Light Home Industry and Professional Services consistent with Chapter 21.70 of this title.
6. Forest practices and associated management activities of any forest crop, including but not limited to timber harvest, harvesting of forest resources (mushrooms, bear grass, boughs, berries, etc.), Christmas trees, and nursery stock.
7. Cluster developments consistent with Section 21.70.150 of this title provided that:
a. any land division utilizing the cluster development concept shall not be granted a change in Comprehensive Plan designation or zoning classification for a minimum of 10 years from the date of recording the land division;
b. all clustered lots within the land division shall be at least two (2) acres in size;
c. the total number of allowable lots within the land division shall not exceed the overall density set by the comprehensive plan and the zoning classification; and,
d. all open space/common areas shall be owned in common by all landowners within the land division, with each landowner listed on the recorded deed.
B ADMINISTRATIVE REVIEW USES.
1. Co-location of new telecommunication antennas on non-BPA towers, consistent with Section 21.70.160 of this title.
C. CONDITIONAL USES.
1. Meeting halls, such as but not limited to civic, social and fraternal organizations.
2. Scout camps, church camps, and/or youth camps.
3. New recreational vehicle parks and campgrounds.
4. New telecommunication tower facilities and co-location of communication tower facilities, consistent with Section 21.70.160 of this title.
5. Expansion of existing legally established mineral resource extraction and/or processing sites.
D. TEMPORARY USES PERMITTED.
Temporary uses shall be permitted in accordance with the requirements of Section 21.70.120 of this title.
E. PROHIBITED USES.
Any uses not listed above are prohibited, including but not limited to:
1. Industrial uses.
2. New mobile home parks.
3. Duplexes and multi-family (3 or more units) dwelling units.
4. New extraction or processing of mineral resources.
F. MINIMUM DEVELOPMENT STANDARDS.
1.
a. Minimum lot size shall be 10 acres. The lot depth should not exceed the lot width by more than a ration of four to one (four being the depth). Access panhandles shall not be taken into account as part of the area calculations relative to minimum lot size indicated above.
b. A minimum of ten acres is required for each lot within a new land division, unless the Local Health Department Authority requires greater lot size.
2. Density Requirements.
a. Single-family: Each single family housing unit (including mobile homes) shall require the minimum lot area listed under 21.68.080(F)(1).
b. If more than one single-family dwelling is constructed or placed on a parcel, the total parcel size (acreage) is required to be at least twenty (20) times the number of units.
3. Setbacks.
The standard setback requirements shall be as follows:
a. Front yard: No building or accessory building shall be constructed closer than 50 feet from the centerline of the public road right-of-way or private access easement (not including private driveways), or 20 feet from the front property line, whichever is greater.
b. Side yard: On each side of the building or accessory building, a side yard shall be provided of not less than 20 feet.
c. Rear yard: A rear yard shall be provided of not less than 20 feet, including accessory buildings.
d. Non-conforming lots: Lots of less than 2 acres in size shall conform to standard Building Code setback requirements.
e. A Yard that Fronts On More Than One Road: A setback requirement for the front yard of a lot that fronts on more than one road shall be the required setback for that zone classification. All other frontages shall have a setback of 15 feet from the property line, or the edge of the public road right-of-way or private road easement, whichever is greater if the parcel is less than 2 acres. If the parcel is greater than two (2) acres, the setback shall be 20 feet from the property line, or the edge of the public road right-of-way or private road easement, whichever is greater.
f. Setbacks from cul-de-sacs and hammerhead turnarounds shall be 20 feet from the property line, or the edge of the public road right-of-way or private road easement whichever is greater.
4. Other Standards.
a. No building or structure may be located within any easement.
21.68.090 SWIFT RECREATIONAL (SR)
A. ALLOWABLE USES.
1. Public, semi-public, and private water facilities and utility systems.
2. Existing retail stores and service establishments where merchandise is displayed and sold and/or services are provided within an enclosed building.
3. Trails for recreation.
4. Scenic viewpoints and overlooks.
5. Boat docks and boat ramps.
6. Wildlife and botanical viewing and nature study areas.
7. Interpretative signs and displays, not exceeding a total of fifty (50) square feet.
8. Visitor information and environmental educational signs, displays and/or facilities.
9. Picnic areas.
10. Restrooms and comfort facilities.
11. Parking areas and trailheads.
12. Resource enhancement project, subject to compliance with other applicable federal, state and county codes.
13. Structures associated with hunting and fishing operations.
14.
15. Co-location of new telecommunication antennas located on BPA towers.
16. Replacement of any of the 204 legally established privately owned cabins in the Northwoods development.
17. A single new cabin on each of the four vacant cabin spaces in the Northwoods development.
B. ADMINISTRATIVE REVIEW USES.
1. Co-location of new telecommunication antennas on non-BPA towers, consistent with Section 21.70.160 of this title.
C. CONDITIONAL USES.
1. New recreational vehicle parks and campgrounds.
2. New telecommunication tower facilities and co-location of communication tower facilities consistent with Section 21.70.160 of this title.
3. Expansion of existing legally established mineral resource extraction and/or processing sites.
D. TEMPORARY USES PERMITTED.
Temporary uses shall be permitted in accordance with the requirements of Section 21.70.120 of this title.
E. PROHIBITED USES.
Any uses not listed above are prohibited, including but not limited to:
1. Land Divisions, unless there is evidence that the land division would further promote the recreational opportunities of the land in question.
2. Single-family dwellings.
3. New mobile home parks.
4. Cluster developments.
5. Duplexes and multi-family (3 or more units) dwelling units.
6. New extraction or processing of mineral resources
F. MINIMUM DEVELOPMENT STANDARDS.
1.
a. There is no minimum lot size in the SR zone. If a land division is allowed, then the minimum lot size for the new lots are that which is necessary to promote the recreational opportunities, or such size as required by the Local Health Department Authority.
2. Density Requirements.
a. No dwelling units are allowed in the SR zone.
3. Setbacks.
The standard setback requirements shall be as follows:
a. Front yard: No building or accessory building shall be constructed closer than 50 feet from the centerline of the public road right-of-way or private access easement (not including private driveways), or 20 feet from the front property line, whichever is greater.
b. Side yard: On each side of the building or accessory building, a side yard shall be provided of not less than 20 feet.
c. Rear yard: A rear yard shall be provided of not less than 20 feet, including accessory buildings.
d. Non-conforming lots: Lots of less than 2 acres in size shall conform to standard Building Code setback requirements.
e. A Yard that Fronts On More Than One Road: A setback requirement for the front yard of a lot that fronts on more than one road shall be the required setback for that zone classification. All other frontages shall have a setback of 15 feet from the property line, or the edge of the public road right-of-way or private road easement, whichever is greater if the parcel is less than 2 acres. If the parcel is greater than two (2) acres, the setback shall be 20 feet from the property line, or the edge of the public road right-of-way or private road easement, whichever is greater.
f. Setbacks from cul-de-sacs and hammerhead turnarounds shall be 20 feet from the property line, or the edge of the public road right-of-way or private road easement whichever is greater.
4. Other Standards.
a. No building or structure may be located within any easement.
21.68.100 SWIFT FOREST LANDS 20 (S-FL20)
A. ALLOWABLE USES.
1. Forest practices and associated management activities of any forest crop, including but not limited to timber harvest, harvesting of forest resources (mushrooms, bear grass, boughs, berries, etc.), Christmas trees, and nursery stock.
2. Uses such as log sorting and storage areas, scaling stations, and forest industry storage and maintenance facilities, provided the intent of the processing is initial reduction in bulk and/or to facilitate transport of products to a secondary processing center. These uses shall not include commercial and manufacturing uses such as but not limited to: manufacture of finished wood products such as furniture, lumber, or plywood, nor the retail sales of products from the site.
3.