Section 40.240.120

40.240.120 Uses Allowed Outright

A. All Land Use Designations Except Open Space.

1. The following uses may be allowed without review in all GMA and SMA land use designations, except GMA and SMA Open Space:

a. In the GMA, agricultural uses except new cultivation. Any operation that would cultivate land that has not been cultivated, or has lain idle, for more than five (5) years shall be considered new cultivation. For this guideline, cultivation and vegetation removal may be allowed in conjunction with a home garden.

b. In the SMAs, agricultural uses within previously disturbed and regularly worked fields or areas.

c. Forest practices in the GMA that do not violate conditions of approval for other approved uses and development.

d. Repair, maintenance and operation of existing structures, including, but not limited to, dwellings, agricultural structures, trails, roads, railroads, and utility facilities.

e. Accessory structures sixty (60) square feet or less in area and ten (10) feet or less in height, unless within the buffer zone of a wetland, stream, pond, lake or riparian area. This category does not include signs, fences, outdoor lights, retaining walls, flagpoles, roads, transportation facilities, or utility facilities.

f. Wire-strand or woven-wire fences used for gardens, yards, livestock, and similar uses less than or equal to five hundred (500) feet in length and less than or equal to ten (10) feet in height that are accessory to an existing dwelling; provided, that woven-wire fences (posts and wire) are brown or black if visible from key viewing areas. Height is measured from the ground to the top wire.

g. Wire-strand fences less than or equal to forty-eight (48) inches in height that are outside deer and elk winter range as delineated in the Gorge Commission and Forest Service natural resource data or determined by an appropriate federal or state agency. Height is measured from the ground to the top wire. This category does not include fences associated with transportation facilities or utility facilities.

h. The following transportation facilities:

(1) Replace existing safety or protective structures, including but not limited to guardrails, access control fences and gates, barriers, energy attenuators, safety cables, rockfall structures and traffic signals and controllers; provided, that the replacement structures are (a) the same location and size as the existing structures, and (b) the same building materials as the existing structures, or building materials that are dark brown with a flat, nonreflective finish, or building materials consistent with a scenic highway corridor strategy for Washington State Route 14 prepared according to the GMA policies in the section of the Scenic Resources chapter of the Management Plan titled “Scenic Travel Corridors.” (Part I, Chapter 1: Scenic Resources).

(2) Replace existing traffic detection devices, vehicle weighing devices, and signal boxes; provided, that the replacement structures are (a) the same location and size as the existing structures, and (b) the same building materials as the existing structures, or building materials that are dark brown with a flat, nonreflective finish, or building materials consistent with a scenic highway corridor strategy for Washington State Route 14 prepared according to the GMA policies in the section of the Scenic Resources chapter of the Management Plan titled “Scenic Travel Corridors.” (Part I, Chapter 1: Scenic Resources).

(3) New raised pavement markers, guide posts, object markers, inlay markers, and pavement markings and striping.

(4) Permanent public regulatory, guide, and warning signs, except those excluded below; provided, that (a) the signs comply with the Manual on Uniform Traffic Control Devices (2012 or most recent version), and (b) the support structures and backs of all signs are dark brown with a flat, nonreflective finish. This category does not include specific service signs; destination and distance signs; variable message signs; or signs that bridge or are cantilevered over the road surface.

(5) Extensions of existing guardrails or traffic barriers less than or equal to fifty (50) feet in length and new guardrail ends for existing guardrails; provided, that the guardrails and guardrail ends are (a) located inside rights-of-way that have been disturbed in the past, and (b) constructed of materials that match the existing structure, natural wood, weathering steel (e.g., Corten), or materials consistent with a scenic highway corridor strategy for Washington State Route 14 prepared according to the GMA policies in the section of the Scenic Resources chapter of the Management Plan titled “Scenic Travel Corridors.” (Part I, Chapter 1: Scenic Resources).

(6) New traffic barriers and guardrail ends; provided, that the structures are (a) located inside rights-of-way that have been disturbed in the past, and (b) are constructed of natural wood, weathering steel (e.g., Corten), or materials consistent with a scenic highway corridor strategy for Washington State Route 14 prepared according to the GMA policies in the section of the Scenic Resources chapter of the Management Plan titled “Scenic Travel Corridors.” (Part I, Chapter 1: Scenic Resources). This category does not include jersey barriers.

(7) In the GMA, replacement or expansion of existing culverts; provided, that the entity or person owning or operating the culvert shall obtain all necessary federal and state permits that protect water quality and fish and wildlife habitat before construction.

(8) In the SMAs, replacement or expansion of existing culverts for ephemeral streams or ditches; provided, that the visible ends of culverts shall be dark and nonreflective. The entity or person owning or operating the culvert shall obtain all necessary federal and state permits that protect water quality and fish and wildlife habitat before construction.

(9) Maintenance of existing railroad track and paved roads; provided, that the activity does not:

(a) Increase the width of a road or railroad; or

(b) Disturb the toe of adjacent embankments, slopes or cut banks.

(10) Apply dust abatement products to nonpaved road surfaces.

(11) Grade and gravel existing road shoulders; provided, that the activity does not:

(a) Increase the width of a road; or

(b) Disturb the toe of adjacent embankments, slopes or cut banks.

(12) Replace the superstructure of bridges (e.g., decks, beams) for bridges less than or equal to thirty (30) feet in length and less than or equal to one thousand (1,000) square feet in area. This category does not include guardrails, traffic barriers, or the substructure of bridges (e.g., foundations, abutments).

i. The following underground utility facilities:

(1) Replace or modify existing underground utility facilities located inside road, utility or railroad rights-of-way or easements that have been disturbed in the past or co-locate new underground utility facilities with existing underground facilities located inside road, utility or railroad rights-of-way or easements that have been disturbed in the past; provided, that no excavation would extend beyond the depth and extent of the original excavation.

(2) Replace or modify existing underground utility facilities located inside road, utility or railroad rights-of-way or easements that have been disturbed in the past or co-locate new underground utility facilities with existing underground facilities located inside road, utility railroad rights-of-way or easements that have been disturbed in the past; provided, that:

(a) No excavation would extend more than twelve (12) inches beyond the depth and extent of the original excavation;

(b) No ditch for linear facilities would be more than twenty-four (24) inches wide;

(d) No recorded archaeological site is located within five hundred (500) feet of the development. To comply with this subsection (A)(1)(i)(2)(d), the entity or person undertaking the development shall contact the Washington Office of Archaeology and Historic Preservation and obtain a letter or other document stating no recorded archaeological site is located within five hundred (500) feet of the development.

j. The following aboveground and overhead utility facilities, subject to Chapter 12.20A for areas within, on, along, over, under or through Clark County public right-of-way:

(1) Replace existing aboveground and overhead utility facilities including towers, pole/tower-mounted equipment, cables and wires, anchors, pad-mounted equipment, service boxes, pumps, valves, pipes, water meters, and fire hydrants; provided, that the replacement facilities would have (a) the same location and size as the existing facilities, and (b) the same building materials as the existing structures, or building materials that are dark brown with a flat, nonreflective finish, or building materials consistent with the Historic Columbia River Highway Master Plan or a scenic highway corridor strategy for Washington State Route 14 prepared according to the GMA policies in the section of the Scenic Resources chapter of the Management Plan titled “Scenic Travel Corridors.” (Part I, Chapter 1: Scenic Resources).

(2) Replace existing utility poles; provided, that the replacement poles are:

(a) Located within five (5) feet of the original poles;

(b) No more than five (5) feet taller and six (6) inches wider than the original poles; and

(c) Constructed of natural wood, weathering steel (e.g., Corten), materials that match the original poles, or materials that are dark brown with a flat, nonreflective finish.

(3) New whip antennas for public service less than or equal to eight (8) feet in height and less than or equal to two (2) inches in diameter, cables, wires, transformers, and other similar equipment; provided, that all such structures are on existing utility poles or towers.

k. Flagpoles that are accessory to the principal building on a parcel; provided, that the height of the flagpole is less than or equal to the height of the highest ridgeline or parapet of the principal building.

l. The following signs:

(1) Election signs. Removal must be accomplished within thirty (30) days of election day.

(2) “For sale” signs not greater than twelve (12) square feet. Removal must be accomplished within thirty (30) days of close of sale.

(3) Temporary construction site identification, public service company, safety, or information signs not greater than thirty-two (32) square feet. Exceptions may be granted for public highway signs necessary for public safety and consistent with the Manual on Uniform Traffic Control Devices (2012 or most recent version). Removal must be accomplished within thirty (30) days of project completion.

(4) Signs posted on private property warning the public against trespassing, danger from animals, the private nature of a road, driveway or premises, or signs prohibiting or otherwise controlling fishing or hunting; provided, that such signs are not greater than six (6) square feet in the GMA and two (2) square feet in the SMAs.

(5) Temporary signs advertising civil, social, or political gatherings and activities; provided, that such signs do not exceed twelve (12) square feet. Removal must be accomplished within thirty (30) days of the close of the event.

(6) Signs posted by governmental jurisdictions giving notice to the public. Such signs shall be no larger than that required to convey the intended message.

(7) In the GMA, signs associated with the use of a building or buildings, if placed flat on the outside walls of buildings (not on roofs or marquees).

m. In the GMA, wind machines for frost control in conjunction with an agricultural use.

(Amended: Ord. 2008-06-02)

B. GMA and SMA Open Space.

1. The following uses may be allowed without review in GMA and SMA Open Space:

a. Repair, maintenance and operation of existing structures, including, but not limited to, dwellings, agricultural structures, trails, roads, railroads, and utility facilities. This does not include trail, road, and railroad expansions.

b. The following transportation facilities:

(1) Replace existing safety or protective structures, including guardrails, access control fences and gates, barriers, energy attenuators, safety cables, and traffic signals and controllers; provided, that the replacement structures are (a) the same location and size as the existing structures, and (b) the same building materials as the existing structures, or building materials that are dark brown with a flat, nonreflective finish, or building materials consistent with the Historic Columbia River Highway Master Plan for the Historic Columbia River Highway or Washington State Route 14 prepared according to the GMA policies in the section of the Scenic Resources chapter of the Management Plan titled “Scenic Travel Corridors.” (Part I, Chapter 1: Scenic Resources).

(2) Replace existing traffic detection devices, vehicle weighing devices, and signal boxes; provided, that the replacement structures are (a) the same location and size as the existing structures, and (b) the same building materials as the existing structures, or building materials that are dark brown with a flat, nonreflective finish, or building materials consistent with the Historic Columbia River Highway Master Plan for the Historic Columbia River Highway or Washington State Route 14 prepared according to the GMA policies in the section of the Scenic Resources chapter of the Management Plan titled “Scenic Travel Corridors.” (Part I, Chapter 1: Scenic Resources).

(3) New raised pavement markers, guide posts, object markers, inlay markers, and pavement markings and striping.

(5) Extensions of existing guardrails or traffic barriers less than or equal to fifty (50) feet in length and new guardrail ends for existing guardrails; provided, that the guardrails and guardrail ends are (1) located inside rights-of-way that have been disturbed in the past, and (2) constructed of materials that match the existing structure, natural wood, weathering steel (e.g., Corten), or materials consistent with the Historic Columbia River Highway Master Plan for the Historic Columbia River Highway or Washington State Route 14 prepared according to the GMA policies in the section of the Scenic Resources chapter of the Management Plan titled “Scenic Travel Corridors.” (Part I, Chapter 1: Scenic Resources).

(6) New traffic barriers and guardrail ends, provided the structures are (a) located inside rights-of-way that have been disturbed in the past, and (b) constructed of natural wood, weathering steel (e.g., Corten), or materials consistent with the Historic Columbia River Highway Master Plan or a scenic highway corridor for Washington State Route 14 prepared according to the GMA policies in the section of the Scenic Resources chapter of the Management Plan titled “Scenic Travel Corridors.” This category does not include jersey barriers.

(8) In the SMAs, replacement or expansion of existing culverts for ephemeral streams or ditches; provided, that the visible ends of culverts shall be dark and nonreflective.

(9) Maintenance of existing railroad track and paved roads; provided, that the activity does not:

(a) Increase the width of a road or railroad; or

(b) Disturb the toe of adjacent embankments, slopes or cut banks.

(10) Apply dust abatement products to nonpaved road surfaces.

(11) Grade and gravel existing road shoulders; provided, that the activity does not:

(a) Increase the width of a road; or

(b) Disturb the toe of adjacent embankments, slopes or cut banks.

c. The following underground utility facilities:

(2) Replace or modify existing underground utility facilities located inside road, utility or railroad rights-of-way or easements that have been disturbed in the past or co-locate new underground utility facilities with existing underground facilities located inside road, utility or railroad rights-of-way or easements that have been disturbed in the past; provided, that:

(a) No excavation would extend more than twelve (12) inches beyond the depth and extent of the original excavation;

(b) No ditch for linear facilities would be more than twenty-four (24) inches wide;

(d) No recorded archaeological site is located within five hundred (500) feet of the development. To comply with this guideline, the entity or person undertaking the development shall contact the Washington Department of Archaeology and Historic Preservation and obtain a letter or other document stating no recorded archaeological site is located within five hundred (500) feet of the development.

d. The following aboveground and overhead utility facilities:

(1) Replace existing aboveground and overhead utility facilities including towers, pole/tower-mounted equipment, cables and wires, anchors, pad-mounted equipment, service boxes, pumps, valves, pipes, water meters, and fire hydrants; provided, that the replacement facilities would have (a) the same location and size as the existing facilities, and (b) the same building materials as the existing facilities, or building materials that are dark brown with a flat, nonreflective finish, or building materials consistent with the Historic Columbia River Highway Master Plan for the Historic Columbia River Highway or Washington State Route 14 prepared according to the GMA policies in the section of the Scenic Resources chapter of the Management Plan titled “Scenic Travel Corridors.” (Part I, Chapter 1: Scenic Resources).

(2) Replace existing utility poles; provided, that the replacement poles are:

(a) Located within five (5) feet of the original poles;

(b) No more than five (5) feet taller and six (6) inches wider than the original poles; and

(c) Constructed of natural wood, weathering steel (e.g., Corten), or materials that match the original poles, or materials that are dark brown with a flat, nonreflective finish.

e. The following signs:

(1) Election signs. Removal must be accomplished within thirty (30) days of election day.

(2) “For sale” signs not greater than twelve (12) square feet. Removal must be accomplished within thirty (30) days of close of sale.

(6) Signs posted by governmental jurisdictions giving notice to the public. Such signs shall be no larger than that required to convey the intended message.

(7) In the GMA, signs associated with the use of a building or buildings, if placed flat on the outside walls of buildings (not on roofs or marquees).

(Amended: Ord. 2006-05-04; Ord. 2008-06-02; Ord. 2021-12-02)