Chapter 22.12 ZONING SUPPLEMENTAL STANDARDS ON USES AND STRUCTURES (GMA AND SMA)

Chapter 22.12
ZONING SUPPLEMENTAL STANDARDS ON USES AND STRUCTURES (GMA AND SMA)

Sections:

22.12.010 Agricultural buildings.

22.12.020 Bed and breakfast inns.

22.12.030 Commercial events (GMA only).

22.12.040 Disposal sites for spoil materials from public road maintenance activities.

22.12.050 Docks and boathouses.

22.12.060 Home occupations.

22.12.070 Resource enhancement projects.

22.12.080 Signs—General management areas.

22.12.090 Signs—Special management areas.

22.12.100 Small-scale fishing support and fish processing operations.

22.12.110 Temporary use hardship dwelling.

22.12.120 Special uses in historic buildings (GMA only).

22.12.130 Renewable energy production (GMA only).

22.12.140 Overnight accommodations.

22.12.150 Recreation resorts.

22.12.010 Agricultural buildings.

A. The size of proposed agricultural buildings shall not exceed the size needed to serve the current agricultural use and, if applicable, the proposed agricultural use.

B. To satisfy subsection (A) of this section, applicants shall submit the following information with their land use application:

1. A description of the size and characteristics of current agricultural use.

2. An agricultural plan for any proposed agricultural use that specifies agricultural use (e.g., crops, livestock, products), agricultural areas and acreages (e.g., fields, pastures, enclosures), agricultural structures (e.g., irrigation systems, wind machines, storage bins) and schedules (e.g., plowing, planting, grazing).

3. A floor plan showing intended uses of the agricultural building (e.g., space for equipment, supplies, agricultural products, livestock). (Ord. 2021-05 (Att. A), 12-14-21; Ord. 2018-04 (Exh. A), 4-17-18; Ord. 2008-06 (part): Ord. 2006-11 (part))

22.12.020 Bed and breakfast inns.

Bed and breakfast inns may be established as authorized in specified land use designations consistent with the following:

A. Guests may not occupy a facility for more than fourteen consecutive days.

B. One non-animated, non-illuminated sign not exceeding four square feet in area may be permitted on the structure or within the yard containing the structure.

C. Parking areas shall be screened so as to not be visible from key viewing areas.

D. In special management areas, bed and breakfast inns associated with residential use shall be allowed only in structures that are included in, or eligible for inclusion in, the National Register of Historic Places. (Ord. 2021-05 (Att. A), 12-14-21; Ord. 2018-04 (Exh. A), 4-17-18; Ord. 2008-06 (part): Ord. 2006-11 (part))

22.12.030 Commercial events (GMA only).

A. Commercial events include weddings, receptions, indoor concerts, farm dinners, or events similar in size and activity and must be incidental and subordinate to the primary use on a parcel.

B. Commercial events may be allowed in the general management area except on lands classified as open space or commercial forest, subject to compliance with the following criteria and the scenic, natural, cultural, and recreation resource protection provisions:

1. The use shall be in conjunction with an on-site winery, wine or cider sales/tasting room, bed and breakfast inn, commercial use, or a building on or eligible for listing in the National Register of Historic Places pursuant to Section 22.12.120.

2. The owner of the subject parcel shall live on the parcel and shall operate and manage the use.

3. A single commercial event shall host no more than one hundred guests.

4. The use shall comply with the following parking requirements:

a. A single commercial event shall include no more than fifty vehicles for guests.

b. All parking shall occur on the subject parcel.

c. At least two hundred square feet of parking space shall be required for each vehicle.

d. Parking areas may be developed using paving blocks, gravel, or other pervious surfaces; asphalt, concrete and other impervious materials shall be prohibited.

e. All parking areas shall be fully screened from key viewing areas.

5. The owner of the subject parcel may conduct up to eighteen single events up to one day in length per year.

6. The owner of the subject parcel shall notify the administrator and all owners of land within five hundred feet of the perimeter of the subject parcel of each planned event. The notice shall be in writing and shall be mailed at least seven calendar days before an event.

7. Tents, canopies, portable restrooms and other similar temporary structures necessary for a commercial event may be allowed, provided all such structures are erected or placed on the subject parcel no more than two days before the event and removed no more than two days after the event. Alternatively, temporary structures may remain in place for up to ninety days if they are fully screened from key viewing areas.

8. The use may be allowed upon demonstration that the following conditions exist to protect any nearby agricultural and forest operations:

a. The use would not force a change in or increase the cost of accepted agricultural practices on surrounding lands (See Sections 22.14.010 and 22.14.020).

b. The use would be set back from any abutting parcel classified as large-scale agriculture (Ag-1) or small-scale agriculture (Ag-2), as required in Sections 22.14.010(D) and 22.14.020(D), or classified as commercial forest (F-1), large woodland (F-2) or small woodland (F-3), as required in Sections 22.14.030(B), 22.14.040(B), and 22.14.050(B).

c. A declaration has been signed by the landowner and recorded in the Skamania County auditor’s office specifying that the owners, successors, heirs and assigns of the subject parcel are aware that adjacent and nearby operators are entitled to carry on accepted agriculture or forest practices on lands classified as large-scale agriculture (Ag-1), small-scale agriculture (Ag-2), commercial forest (F-1), large woodland (F-2) or small woodland (F-3) (see Sections 22.14.010 through 22.14.050).

d. All owners of land in areas classified as large-scale agriculture (Ag-1) or small-scale agriculture (Ag-2), or commercial forest (F-1), large woodland (F-2) or small woodland (F-3) that is within five hundred feet of the perimeter of the subject parcel on which the use is proposed to be located have been notified and given at least ten days to comment prior to a decision (see Sections 22.14.010 through 22.14.050).

9. The administrator may impose additional requirements to address potential impacts to surrounding neighbors. For example, there may be conditions to limit noise, lighting, and hours of operation.

10. Administrative decisions for commercial events shall not be valid for more than two years. Landowners must submit a new application for review after the administrative decision expires. Permits shall not be renewed if there have been past violations, including failure to file.

11. A yearly report shall be submitted to the administrator by January 31st reporting on the events held the previous year. This report shall include the number of events held, how many people were in attendance, and copies of catering contracts or other vendors used to verify. (Ord. 2021-05 (Att. A), 12-14-21; Ord. 2018-04 (Exh. A), 4-17-18; Ord. 2008-06 (part): Ord. 2006-11 (part))

22.12.040 Disposal sites for spoil materials from public road maintenance activities.

A. Application Requirements. In addition to other applicable requirements, land use applications for disposal sites shall include the same information that applicants are required to submit for expansion of existing quarries and exploration, development (extraction and excavation), and production of mineral resources, including, but not limited to:

1. A reclamation plan that provides at a minimum the following information:

a. A map of the site, at a scale of one inch equals two hundred feet (1:2,400) or a scale providing greater detail, with ten-foot contour intervals or less, showing prereclamation existing grades and post-reclamation final grades; locations of topsoil stockpiles for eventual reclamation use; location of catch basins or similar drainage and erosion control features employed for the duration of the use; and the location of storage, processing, and equipment areas employed for the duration of the use.

b. Cross-sectional drawings of the site showing prereclamation and post-reclamation grades.

c. Descriptions of the proposed use, in terms of estimated quantity and type of material removed, estimated duration of the use, processing activities, etc.

d. Description of drainage and erosion control features to be employed for the duration of the use.

e. A landscaping plan providing for revegetation consistent with the vegetation patterns of the subject landscape setting, indicating the species, number, size, and location of plantings for the final reclaimed grade, as well as a description of irrigation provisions or other measures necessary to ensure the survival of plantings.

2. Perspective drawings of the site as visible from key viewing areas as specified in Section 22.06.100(E)(6).

3. Cultural resource archaeological and historic surveys, as required in Chapter 22.22. Disposal sites shall be considered a “large-scale use.”

4. Field surveys to identify priority habitats, sensitive wildlife sites and rare plants as described in Chapter 22.20.

B. Siting Standard. The proposed disposal site shall only be approved if the applicant demonstrates it is not practicable to locate the disposal site outside the National Scenic Area or inside an urban area. At a minimum, the applicant shall submit a feasibility and suitability analysis that compares the proposed disposal site to existing or potential disposal sites located both outside the National Scenic Area and inside an urban area.

C. Scenic Resource Standards. Disposal sites shall comply with the same scenic resources protection standards as expansion of existing quarries and exploration, development (extraction and excavation), and production of mineral resources in the GMA, including, but not limited to:

1. Sites more than four miles from the nearest key viewing area shall be visually subordinate as seen from any key viewing area. An interim period to achieve compliance with this requirement shall be established before approval. The period shall be based on site-specific topographic and visual conditions, but shall not exceed three years beyond the start of on-the-ground activities.

2. Sites less than four miles from the nearest key viewing area shall be fully screened from any key viewing area. An interim period to achieve compliance with this requirement shall be established before approval. The period shall be based on site-specific topographic and visual conditions, but shall not exceed one year beyond the start of on-the-ground activities. Disposal activity occurring before achieving compliance with full screening requirements shall be limited to activities necessary to provide such screening (creation of berms, etc.).

3. Reclamation plans shall restore the site to a natural appearance that blends with and emulates natural landforms and vegetation patterns characteristic to the landscape setting to the maximum extent practicable. (Ord. 2021-05 (Att. A), 12-14-21; Ord. 2018-04 (Exh. A), 4-17-18; Ord. 2008-06 (part): Ord. 2006-11 (part))

22.12.050 Docks and boathouses.

A. Docks and boathouses may be allowed when authorized by the land use designation of the appurtenant land served by the dock or boathouse. Boathouses may be allowed only when accessory to a dwelling or dwellings and associated with a navigable river or lake.

B. New, private docks and boathouses serving only one family and one property may be allowed, up to one hundred twenty square feet in size.

C. New, private docks and boathouses serving more than one family and property may be allowed, up to two hundred square feet in size.

D. Public docks open and available for public use may be allowed.

E. Floating uses and uses anchored to the bottom of the Columbia River or its tributaries, such as floating cafes and mooring buoys, are not allowed. (Ord. 2021-05 (Att. A), 12-14-21; Ord. 2018-04 (Exh. A), 4-17-18; Ord. 2008-06 (part): Ord. 2006-11 (part))

22.12.060 Home occupations.

Home occupations may be established as authorized in specified zones consistent with the following:

A. A home occupation may employ only residents of the home and up to three outside employees.

B. No more than twenty-five percent of the total actual living space of the dwelling may be utilized for the home occupation.

C. No more than five hundred square feet of an accessory structure may be utilized for a home occupation.

D. There shall be no outside visible evidence of the home occupation, including outside storage.

E. Exterior structural alterations to the residence for the home occupation shall not be permitted. New structures shall not be constructed for the primary purpose of housing a home occupation.

F. No retail sales may occur on the premises.

G. One non-animated, non-illuminated sign, not exceeding two square feet in area may be permitted on the subject structure or within the yard containing the home occupation.

H. Parking not associated with residential use shall be screened from key viewing areas.

I. Bed and breakfast lodging establishment which is two bedrooms or less is considered a home occupation, but shall also comply with the provisions of Section 22.12.020; except in the SMA, Section 22.12.020(D) is not required. (Ord. 2021-05 (Att. A), 12-14-21; Ord. 2018-04 (Exh. A), 4-17-18; Ord. 2008-06 (part): Ord. 2006-11 (part))

22.12.070 Resource enhancement projects.

A. Applications for resource enhancement projects must describe the goals and benefits of the proposed enhancement project. They must also thoroughly document the condition of the resource before and after the proposed enhancement project. Applicants shall seek technical assistance from federal, state, or county technical experts for assistance in designing voluntary wetland, stream, habitat, plant, and scenic enhancement projects.

B. In addition to other provisions that protect scenic, cultural, recreation, and natural resources, quarry enhancement projects shall comply with the following provisions:

1. Application Requirements. In addition to other applicable requirements, land use applications for quarry enhancement projects shall include perspective drawings of the site as visible from key viewing areas as specified in Section 22.06.100(E)(6), and a reclamation plan that provides, at a minimum, the following information:

b. Cross-sectional drawings of the site showing prereclamation and post-reclamation grades.

c. Descriptions of the proposed use, in terms of estimated quantity and type of material removed, estimated duration of the use, processing activities, etc.

d. Description of drainage and erosion control features to be employed for the duration of the use.

2. Scenic Resource Standard. Quarry enhancement projects shall restore the site to a natural appearance that blends with and emulates surrounding landforms to the maximum extent practicable.

3. Natural Resource Standard. Sites shall be replanted using native plants found in the landscape setting or ecoregion to the maximum extent practicable.

4. Time Frames. The following time frames shall apply to quarry enhancement projects:

a. All grading (e.g., excavating, filling and recontouring) shall be completed within one year of the date an applicant begins on-the-ground work.

b. All landscaping shall be planted within one year of the date an applicant completes the grading.

c. An applicant may request a single one-year extension to the one-year grading time frame if a project is unexpectedly delayed by adverse weather or emergency/disaster. Such requests shall be considered an administrative action. An applicant shall submit such a request to the reviewing agency after grading has commenced and before the one-year grading time frame has expired.

d. An applicant may also request a single six-month extension to the one-year landscaping time frame if a project is unexpectedly delayed by adverse weather or emergency/disaster. Such requests shall be considered an administrative action. An applicant shall submit such a request to the reviewing agency after landscaping has commenced and before the one-year landscaping time frame has expired.

5. Enhancement of wetlands not associated with any other project proposal may be allowed if such efforts comply with the wetlands provisions in Chapter 22.20. Enhancement efforts shall be conducted pursuant to a written plan consistent with Section 22.20.020(J).

6. Enhancement of streams, ponds, lakes, and riparian areas not associated with any other development proposal may be allowed, if such efforts comply with the water resource provisions in Chapter 22.20. Enhancement efforts shall be conducted pursuant to a written plan consistent with Section 22.20.020(K).

7. In the SMA, enhancement of wetlands, streams, ponds, lakes, and riparian area water resources not associated with any other project proposal may be allowed, if such efforts comply with the wetlands, streams, ponds, lakes, and riparian area water resources provisions in Chapter 22.28. Enhancement efforts shall be conducted pursuant to a written plan, consistent with Sections 22.28.010 and 22.28.040. (Ord. 2021-05 (Att. A), 12-14-21; Ord. 2018-04 (Exh. A), 4-17-18; Ord. 2008-06 (part): Ord. 2006-11 (part))

22.12.080 Signs—General management areas.

A. Except signs allowed without review elsewhere in this title, all new signs must meet the following standards unless those standards conflict with the Manual on Uniform Traffic Control Devices (2012, or most recent version) for public safety, traffic control or highway construction signs. In such cases, the standards in said manual shall supersede the following:

1. The support structure shall be unobtrusive and have low visual impact.

2. Lettering colors with sufficient contrast to provide clear message communication shall be allowed. Signs shall be colored to blend with their setting to the maximum extent practicable.

3. Backs of all signs shall be unobtrusive, nonreflective and blend in with the setting.

4. Spotlighting of signs may be allowed where needed for night visibility. Backlighting is not permitted for signs.

5. Except for signs along public highways necessary for public safety, traffic control, or road construction and consistent with the Manual on Uniform Traffic Control Devices (2012, or most recent version), the following signs are prohibited:

a. Luminous signs or those with intermittent or flashing lights. These include neon signs, fluorescent signs, light displays, and other signs that are internally illuminated, exclusive of seasonal holiday light displays.

b. New billboards.

c. Signs with moving elements.

d. Portable or wheeled signs, or signs on parked vehicles where the sign is the primary use of the vehicle.

6. In addition to subsections (A)(1) through (5) of this section, signs shall meet the below guidelines according to recreation intensity class (and subject to compliance with Chapter 22.24):

a. Recreation intensity class 1 (very low intensity)—Simple interpretive signs or displays, not to exceed a total of fifty square feet. Entry name signs, not to exceed ten square feet per sign.

b. Recreation intensity class 2 (low intensity)—Simple interpretive signs and displays, not to exceed a total of one hundred square feet. Entry name signs, not to exceed twenty square feet per sign.

c. Recreation intensity class 3 (moderate intensity)—Interpretive signs, displays or facilities. Visitor information and environmental education signs, displays, or facilities. Entry name signs, not to exceed thirty-two square feet per sign.

d. Recreation intensity class 4 (high intensity)—Entry name signs, not to exceed forty square feet per sign.

7. For recreation facility design projects, signs shall be limited to that necessary to provide relevant recreation or facility information, interpretive information, vehicular and pedestrian direction, and for safety purposes.

B. Any sign that does not conform with a provision of this section and has existed before its adoption is subject to the following provisions:

1. Alteration of existing nonconforming signs shall comply with this section.

2. Any nonconforming sign used by a business must be brought into conformance concurrent with any expansion or change in use that requires a development permit. (Ord. 2021-05 (Att. A), 12-14-21; Ord. 2018-04 (Exh. A), 4-17-18; Ord. 2008-06 (part): Ord. 2006-11 (part))

22.12.090 Signs—Special management areas.

A. Sign Standards.

1. New signs shall be allowed as specified in the applicable land use zone.

2. No sign shall be erected or placed in such a manner that it may interfere with, be confused with, or obstruct the view of any traffic sign, signal or device.

3. Preexisting signs are allowed to continue, provided no changes occur in size, structure, color or message.

4. Except for signs allowed without review pursuant to Sections 22.10.040(A)(12) and (B)(5), all new signs shall meet the following provisions and be consistent with the Manual on Uniform Traffic Control Devices:

a. Signs shall be maintained in a neat, clean and attractive condition.

b. The character and composition of sign materials shall be harmonious with the landscape and/or related to and compatible with the main structure upon which the sign is attached.

c. Signs shall be placed flat on the outside walls of buildings, not on roofs or marquees.

d. Signs shall be unobtrusive and have low contrast with the setting.

e. The visual impact of the support structure shall be minimized.

f. Outdoor sign lighting shall be used for purposes of illumination only, and shall not be designed for, or used as, an advertising display, except for road safety signs.

g. The backs of all signs shall be visually unobtrusive, nonreflective and blend in with the setting.

h. Internal illumination or backlighting of signs shall not be permitted except for highway construction, warning or safety.

5. Public signs shall meet the following standards in addition to those set out in subsections (A)(1) through (4) of this section:

a. The graphic signing system provides design standards for public signs in and adjacent to public road rights-of-way. All new and replacement public signs, except those transportation regulatory, guide, and warning signs allowed outright, shall conform to the provisions of that system. Types of signs addressed include recreation site entry, interpretive, specific service signs, destination, and distance signs, variable message signs, or signs that bridge or are cantilevered over the road surface.

b. Signs located outside public road rights-of-way are encouraged to be designed in a way that is consistent with similar purpose signs described in the graphic signing system.

c. Signs posted by governmental jurisdictions giving notice to the public shall be no larger than that required to convey the intended message.

6. Signs for public and commercial recreation facilities, home occupations, and commercial uses shall meet the following standards in addition to those set out in subsections (A)(1) through (4) and (B) of this section:

a. Any sign advertising or relating to a business that is discontinued for a period of thirty consecutive days shall be presumed to be abandoned and shall be removed within thirty days thereafter, unless permitted otherwise by the administrator.

b. Any signs relating to or advertising for a business shall be brought into conformance with these sign standards before any expansion or change in use that is subject to review under this title.

c. Off-site and on-site directional signs on approach roads to recreational facilities may be permitted. Name and interpretive signs may be permitted on site, but should be kept to the minimum required to achieve the purpose(s) of the facilities.

d. Commercial recreation businesses approved in conjunction with a recreational facility may have a name sign not exceeding sixteen square feet.

e. Recreation developments may have one on-premises name sign at each principal entrance. Such signs are encouraged to be of a low profile, monument type, and shall conform to the graphic signing system.

7. Sign clutter and other negative visual effects from excessive signs along all roads and highways, and at parking lots and recreation facilities, shall be reduced.

B. Prohibited Signs.

1. Advertising billboards.

2. Signs that move or give the appearance of moving, except signs used for highway construction, warning or safety.

3. Portable or wheeled signs, or signs on parked vehicles where the sign is the primary use of the vehicle, except for signs used for highway construction, warning or safety. (Ord. 2021-05 (Att. A), 12-14-21; Ord. 2018-04 (Exh. A), 4-17-18; Ord. 2008-06 (part): Ord. 2006-11 (part))

22.12.100 Small-scale fishing support and fish processing operations.

Small-scale fishing support and fish processing operations in conjunction with a family-based commercial fishing business may be allowed on parcels designated GMA residential, GMA small woodland, or GMA small-scale agriculture, subject to the following conditions:

A. The operation shall comply with Section 22.06.180, and if located in the small woodland (F-3) classification, then Sections 22.14.050(A) and (B).

B. The following fishing support activities may be allowed: maintenance, repair, and storage of boats, nets, fish totes and other commercial fishing equipment that is used in the family-based commercial fishing business; and garaging of fish hauling trucks, trailers and all other related equipment that is used in the family-based commercial fishing business.

C. The following fish processing activities may be allowed: cleaning, gutting, heading, and icing or freezing of fish that is caught by the family-based commercial fishing business. Other fish processing activities shall not be allowed, including, but not limited to, canning, smoking, salting or brining for wholesale or retail sale.

D. The operation shall be located on a lawful parcel that is contiguous with and has direct access to the Columbia River.

E. The subject parcel shall include a lawful dwelling, and the permanent resident of the dwelling shall participate in the fishing support and fish processing operation.

F. The operation may only employ residents of the dwelling and up to three outside employees.

G. No more than twenty-five percent of the total actual living space of the dwelling may be used for the fishing support and fish processing operation.

H. The operation may take place in an existing or new lawful accessory building or an existing agricultural building on the subject parcel. A new building constructed for the purpose of housing a fishing support and fish processing operation shall be considered an accessory building. An existing agricultural building shall not be expanded, and a new agricultural building shall not be constructed for the purpose of housing a fishing support and fish processing operation.

I. An accessory building used in the fishing support and fish processing operation may be allowed up to two thousand five hundred square feet.

J. Docks may be allowed as follows:

1. One dock serving a parcel with an approved fishing support and fish processing operation may be allowed up to five hundred square feet in size.

2. For multiple contiguous parcels each with approved fishing support and fish processing operation, the area of the docks authorized in subsection (J)(1) of this section may be combined into one dock, provided the total size of the dock shall not exceed two thousand square feet.

K. There shall be no outside visible evidence of the fishing support and fish processing operation, including storage, other than boats and docks.

L. No retail sales may occur on the parcel.

M. The operation shall only support and process fish caught by residents of the dwelling and up to three outside employees.

N. Before beginning the operation, applicants shall demonstrate that they have obtained and complied with federal, state and local water quality and wastewater permits. (Ord. 2021-05 (Att. A), 12-14-21; Ord. 2018-04 (Exh. A), 4-17-18; Ord. 2008-06 (part): Ord. 2006-11 (part))

22.12.110 Temporary use hardship dwelling.

A permit for the temporary placement and occupancy of a recreational vehicle or manufactured home may be granted if:

A. A family hardship exists where conditions relate to the necessary care for a family member and where medical conditions relate to the infirm or aged.

B. The hardship dwelling will use the same subsurface sewage disposal system used by the existing dwelling if the system is adequate to accommodate the additional dwelling and unless the hardship dwelling can use an existing public sanitary sewer system.

C. The recreational vehicle or manufactured home does not require a permanent foundation and is installed in a manner which will facilitate its removal upon expiration of the permit.

D. Upon expiration of the permit or cessation of the hardship, whichever comes first, the hardship dwelling shall be removed within thirty days.

E. The hardship dwelling and its placement are otherwise consistent with all applicable laws.

F. A permit may be issued for a two-year period, subject to annual review for compliance with the provisions of this section and any other conditions of approval.

G. A new permit may be granted upon a finding that a family hardship continues to exist. (Ord. 2021-05 (Att. A), 12-14-21; Ord. 2018-04 (Exh. A), 4-17-18; Ord. 2008-06 (part): Ord. 2006-11 (part))

22.12.120 Special uses in historic buildings (GMA only).

A. Special uses in historic buildings may be allowed as follows and subject to subsection (B) of this section, Additional Resource Protection Provisions for Special Uses in Historic Buildings.

1. Properties in all GMA land use designations except open space and agriculture-special with buildings included on the National Register of Historic Places shall be permitted to be open for public viewing, interpretive displays, and an associated gift shop that is no larger than one hundred square feet and incidental and subordinate to the primary use of the property, subject to compliance with the applicable provisions to protect scenic, cultural, natural and recreation resources and the following sections of the “Additional Resource Protection Provisions for Special Uses in Historic Buildings” cultural resources provisions, (subsections (B)(1)(b)(i) and (ii) and (B)(1)(c) through (e) of this section); and all scenic, recreation, agriculture and forest lands provisions (subsection (B)(2) through (4) of this section). Voluntary donations and fees to support maintenance, preservation and enhancement of the cultural resource may be accepted by the landowner.

2. Properties in all GMA land use designations except open space and agriculture-special with buildings included on the National Register of Historic Places, and which were former restaurants or inns, shall be permitted to reestablish these former uses subject to compliance with the applicable provisions to protect scenic, cultural, natural and recreation resources and the following sections of the “Additional Resource Protection Provisions for Special Uses in Historic Buildings” cultural resources provisions (subsections (B)(1)(b)(i) and (ii) and (B)(1)(c) through (e) of this section); and all scenic, recreation, agriculture and forest lands provisions (subsections (B)(2) through (4) of this section). The capacity of restaurant use and overnight accommodations shall be limited to that existing in the former use, and the former use shall be contained within the limits of the building as of January 1, 2006. Banquets, private parties and other special events that take place entirely within an approved restaurant facility shall be considered a restaurant use allowed under this section.

3. Properties in all GMA land use designations except open space and agriculture-special with buildings included on the National Register of Historic Places shall be permitted to hold commercial events, subject to compliance with the applicable provisions to protect scenic, cultural, natural and recreation resources and the following sections of the “Additional Resource Protection Provisions for Special Uses in Historic Buildings” cultural resources provisions (subsections (B)(1)(b) through (e) of this section); and all scenic, recreation, agriculture and forest lands provisions (subsections (B)(2) through (4) of this section).

4. The following additional review uses may be allowed in all GMA land use designations except open space and agriculture-special on a property with a building either on or eligible for the National Register for Historic Places and that was fifty years old or older as of January 1, 2006, subject to compliance with the applicable provisions to protect scenic, cultural, natural and recreation resources and “Additional Resource Protection Provisions for Special Uses in Historic Buildings”:

a. Establishments selling food and beverages, limited to historic buildings that originally had kitchen facilities. The seating capacity of such establishments shall be limited to the building, as the building existed as of January 1, 2006, including any decks, terraces or patios also existing as of that date. Banquets, private parties and other special events that take place entirely within approved establishments selling food and/or beverages shall be considered a part of the approved use.

b. Overnight accommodations. The room capacity of such accommodations shall be limited to the total number of existing rooms in the historic building as of January 1, 2006.

c. Commercial events in the building or on the subject property, incidental and subordinate to the primary use of the property.

d. Wineries and cideries, in conjunction with an on-site vineyard or orchard, upon a showing that processing of wine or cider is from fruits harvested on the subject parcel and the local region, within a historic building, as the building existed as of January 1, 2006.

e. Sales/tasting rooms in conjunction with an on-site winery or cidery, within a historic building, as the building existed as of January 1, 2006.

f. Conference or retreat facilities within a historic building, as the building existed as of January 1, 2006.

g. Artist studios and galleries within a historic building, as the building existed as of January 1, 2006.

h. Gift shops within a historic building, as the building existed as of January 1, 2006, that are:

i. Incidental and subordinate to another approved use included in subsection (A)(4) of this section; and

ii. No larger than one hundred square feet in area.

i. Interpretive displays, picnic areas or other recreational day use activities on the subject property.

j. Parking areas on the subject property to support any of the above uses.

5. For the purposes of the provisions in this section, the term “historic buildings” refers to buildings either on or eligible for the National Register of Historic Places. Eligibility for the National Register shall be determined pursuant to cultural resources provisions in subsection (B)(1)(a) of this section.

6. Uses listed in subsections (A)(3) and (4)(c) of this section are not subject to the “commercial events” provisions in Section 22.12.030. Commercial events at historic properties will be regulated by the provisions contained in this section. Applications for commercial events shall include all information in the “operational plan for commercial events” as specified in subsection (B)(1)(b)(iv) of this section. The following apply to commercial events at historic properties:

a. Commercial events include weddings, receptions, indoor concerts, farm dinners, or events similar in size and activity and must be incidental and subordinate to the primary use on a parcel.

b. The owner of the subject property shall notify the reviewing agency and all owners of land within five hundred feet of the perimeter of the subject property of each event. The notice shall be in writing and shall be mailed at least seven calendar days before an event.

7. Uses listed in subsections (A)(1) and (4)(i) of this section are not subject to the parking limits and associated facility design provisions in the recreation intensity classes.

8. Land use approvals for special uses in historic buildings shall be subject to review by the administrator every five years from the date the original approval was issued. As part of this review, the applicant shall submit documentation to the administrator on the progress made in implementing the protection and enhancement plan required in cultural resources (subsection (B)(1) of this section). The administrator shall submit a copy of the applicant’s documentation to the Washington State Department of Archaeology and Historic Preservation (DAHP). DAHP shall have thirty calendar days from the date this information is mailed to submit written comments to the administrator. If the administrator’s determination contradicts comments from the DAHP, the administrator shall justify how the opposing conclusion was reached. The administrator shall revoke the land use approval if the applicant has failed to implement the actions described in the protection and enhancement plan according to the schedule for completing such actions in this plan. The administrator may, however, allow such a use to continue for up to one additional year from the date the administrator determines the applicant has failed to implement the actions if the applicant submits a written statement describing unforeseen circumstances that prevented the applicant from completing the specified actions according to the approved schedule, what progress the applicant has made towards completing such actions, and a proposed revised schedule for completing such actions.

B. Additional Resource Protection Provisions for Special Uses in Historic Buildings. The following provisions apply to proposed uses listed under “special uses for historic buildings” in addition to all other relevant provisions for protection of scenic, cultural, natural and recreation resources:

1. Cultural Resources.

a. All applications for uses listed in subsection (A)(4) of this section shall include a historic survey and evaluation of eligibility for the National Register of Historic Places, to be prepared by a qualified professional hired by the applicant. The evaluation of eligibility shall not be required for buildings previously determined to be eligible. For such properties, documentation of a prior eligibility determination shall be included in the application. The historic survey shall meet the requirements specified in historic surveys and reports (Section 22.22.020). The evaluation of eligibility shall follow the process and include all information specified in the National Register Bulletin “How to Apply the National Register Criteria for Evaluation” [National Park Service, National Register Bulletin No. 15].

Eligibility determinations shall be made by the administrator, based on input from DAHP. The administrator shall submit a copy of any historic survey and evaluation of eligibility to DAHP. DAHP shall have thirty calendar days from the date this information is mailed to submit written comments on the eligibility of the property to the administrator. If the administrator’s determination contradicts comments from DAHP, the administrator shall justify how an opposing conclusion was reached.

b. Applications for special uses for historic buildings shall include a protection and enhancement plan which shall include the following:

i. A description of how the proposed use will significantly contribute to the protection and enhancement of the historic resource, including specific actions that will be taken towards restoration, protection and enhancement, and adequate maintenance of the historic resource, and a proposed schedule for completion of such actions.

ii. A statement addressing consistency of the proposed use with the Secretary of the Interior’s standards for rehabilitation of historic properties and the Secretary of the Interior’s standards for preservation of historic properties.

iii. Detailed architectural drawings and building plans that clearly illustrate all proposed exterior alterations to the building associated with the proposed use. Any exterior additions to the building or outdoor components of the proposed use (e.g., parking areas, site for temporary structures, interpretive displays) shall be shown on the site plan.

iv. Any proposal for commercial events at a historic property shall include an operation plan for commercial events, to be incorporated into the protection and enhancement plan. The operational plan shall include sufficient information to demonstrate how the commercial events will remain incidental and subordinate to the primary use of the property, and shall, at minimum, address:

(A) Number of events to be held annually.

(B) Maximum size of events, including number of guests and vehicles at proposed parking area.

(D) How the proposed commercial events will contribute to protection and enhancement of the historic resource.

c. The administrator shall submit a copy of the protection and enhancement plan to DAHP. DAHP shall have thirty calendar days from the date this information is mailed to submit written comments to the administrator. DAHP comments shall address consistency of the proposed use with the Secretary of the Interior’s standards for rehabilitation of historic properties and the Secretary of the Interior’s standards for preservation of historic properties, and the effect of the proposed use on the historic resource.

d. Any alterations to the building or surrounding area associated with the proposed use have been determined by the administrator to be consistent with the Secretary of the Interior’s standards for rehabilitation of historic properties and the Secretary of the Interior’s standards for preservation of historic properties. If the administrator’s final decision contradicts the comments submitted by DAHP, the administrator shall justify how an opposing conclusion was reached.

e. The proposed use has been determined by the administrator to have no effect or no adverse effect on the historic character of the property, including features of the property contributing to its historic significance. If the administrator’s final decision contradicts the comments submitted by DAHP, the administrator shall justify how an opposing conclusion was reached.

2. Scenic Resources.

a. New parking areas associated with the proposed use shall be located on the subject property as it existed as of January 1, 2006. Such parking areas may be developed using paving blocks, gravel, or other pervious surfaces; asphalt, concrete and other impervious materials shall be prohibited.

b. New parking areas associated with the proposed use shall be visually subordinate from key viewing areas, and shall, to the maximum extent practicable, use existing topography and existing vegetation to achieve visual subordinance. New screening vegetation may be used if existing topography and vegetation are insufficient to help make the parking area visually subordinate from key viewing areas, if such vegetation would not adversely affect the historic character of the building’s setting.

c. Temporary structures associated with a commercial event (e.g., tents, canopies, portable restrooms) shall be placed on the subject property no sooner than two days before the event and removed within two days after the event. Alternatively, temporary structures may remain in place for up to ninety days after the event if the administrator determines that they will be visually subordinate from key viewing areas.

3. Recreation Resources.

a. The proposed use shall not detract from the use and enjoyment of existing recreation resources on nearby lands.

4. Agricultural and Forest Lands.

a. The proposed use is compatible with and will not interfere with accepted forest or agricultural practices on nearby lands devoted to such uses.

b. The proposed use will be sited to minimize the loss of land suitable for production of crops, livestock or forest products.

c. A declaration has been signed by the landowner and recorded in the county auditor’s records specifying that the owners, successors, heirs and assigns of the subject property are aware that adjacent and nearby operators are entitled to carry on accepted agriculture or forest practices on lands classified Ag-1, Ag-2, F-1, F-2, and F-3.

d. All owners of land in areas classified as Ag-1, Ag-2, F-1, F-2, or F-3 that lies within five hundred feet of the perimeter of the subject property on which the use is proposed to be located have been notified and given at least ten days to comment prior to a decision on an application for a special use for a historic building. (Ord. 2021-05 (Att. A), 12-14-21; Ord. 2018-04 (Exh. A), 4-17-18; Ord. 2008-06 (part): Ord. 2006-11 (part))

22.12.130 Renewable energy production (GMA only).

A. Renewable energy production may be allowed where authorized in specified land use designations and consistent with the guidelines in this section.

B. Except as specified in subsection (C) of this section, production of electrical power, including but not limited to wind and solar production, for commercial purposes is considered an industrial use and is prohibited.

C. Solar and wind power generation that is accessory to a primary structure or allowed use in the GMA is not considered an industrial use and may be permitted; provided, that the capacity for power generation is limited to the expected annual electrical power need of the structure or use. The generating equipment may serve only the parcel on which it is located, or an adjacent parcel in the same ownership and used in conjunction with the subject parcel. Sale of power back to the electrical grid is permitted; provided, that it is an occasional event, not ongoing over the course of the year.

D. Equipment attached to an existing structure is an addition to the structure on which it is located.

E. Freestanding equipment is a new accessory structure. (Ord. 2021-05 (Att. A), 12-14-21)

22.12.140 Overnight accommodations.

A. Overnight accommodations may be allowed where authorized in specified land use designations and consistent with the following requirements:

1. Overnight accommodations may only be located within a building used as a single-family dwelling. Either the entire dwelling or a portion of the dwelling may be rented. The dwelling must be the permanent residence of the owner.

2. The use shall be incidental and subordinate to the primary use of the property.

3. The owner of the subject parcel may rent the dwelling for up to ninety room nights per year.

4. Dedicated on-site parking shall be provided to accommodate all guests. Parking areas shall be screened so they are not visible from key viewing areas.

5. Overnight accommodations shall be operated in a way that will prevent disturbances to neighboring properties not typical of a residential neighborhood, including but not limited to loud music, loud noises, excessive traffic, loud and uncontrolled parties, junk/debris/garbage accumulation in the yards, trespassing, barking dogs, or excess vehicles, boats or recreational vehicles parked in the streets in front of the unit. The rental shall not be used at any time to host commercial events.

6. Functioning carbon monoxide detectors and smoke detectors shall be kept in operating order and installed as required by the International Residential Code (IRC). At least one functioning fire extinguisher shall be installed within the dwelling unit.

7. The overnight accommodation may employ up to three employees other than the residents of the dwelling.

B. Pursuant to Chapter 64.37 RCW, owners must maintain primary liability insurance to cover the dwelling in the aggregate of not less than one million dollars and shall remit all applicable local, state, and federal taxes.

C. Approvals for overnight accommodations shall be valid for no more than two years. Landowners must reapply or renew an approval for the use and demonstrate past compliance with conditions of approval through financial and other records. The administrator may renew an existing permit for an additional two years if that permit has not expired. A new permit is necessary if the overnight accommodation permit has expired. An existing permit shall not be renewed, and a new permit shall not be approved if there have been past violations, including failure to file a new application while still operating overnight accommodations. The operator shall post a copy of the current permit in a conspicuous place in the dwelling. (Ord. 2021-05 (Att. A), 12-14-21)

22.12.150 Recreation resorts.

A. Recreation resorts may be allowed where authorized in specified land use designations and consistent with the guidelines in subsections (B) through (E) of this section.

B. Uses Allowed. All commercial development (except for privately owned, public use resource-based recreation uses) and accommodations within a recreation resort shall be located within the resort core. Recreation facilities associated with the recreation resort shall be included on the resort master plan and may extend to contiguous and adjacent lands under other land use designations only if consistent with the land use designation and the recreation intensity class policies and guidelines in Chapter 22.24.

1. Accommodations that are part of a recreation resort shall meet the following standards:

a. The total number of accommodation units and campground sites shall not exceed that which is approved by the resort master plan.

b. The average size of accommodation units shall not exceed one thousand three hundred square feet. Individual accommodation units shall be no larger than one thousand six hundred square feet in total floor area.

c. No unit shall contain more than one kitchen.

d. Parking shall be predominantly in common lots or structures and accessed through shared driveways. Individual accommodation units shall not have separate or attached garages.

e. All accommodation units shall have design and use restrictions that effectively limit their use to short-term occupancy and that require occupancy to be limited to no more than forty-five days in any ninety-day period.

2. Commercial uses that are part of a recreation resort shall meet the following standards:

a. Commercial uses shall be located predominantly within and oriented internally toward the center of the resort core or to serve adjacent recreation areas, rather than at or toward the resort perimeter.

b. Commercial uses are limited to restaurants and pubs, a mini-mart, recreation equipment rental, and other small-scale retail and guest services. Conference and meeting facilities may be permitted.

c. Gas stations, banks, grocery stores, or other services commonly found in urban areas or catering to the traveling public shall not be permitted.

d. Commercial uses shall be sized and oriented to primarily serve resort guests and recreation-site users rather than the traveling public.

3. Notwithstanding Section 22.18.010, new recreation resort buildings located within the resort core may be compatible with the general scale (height, dimensions and overall mass) of industrial buildings that existed within the existing industrial complex.

a. The cumulative footprint of all recreation resort buildings located within the resort core shall not exceed that of buildings located within the existing industrial complex at the time of application.

b. Buildings shall not exceed two and one-half stories in height.

4. Land divisions for the purpose of selling individual accommodation units shall not be permitted within the resort core.

C. An application for a recreation resort shall include the following materials in addition to those required for large-scale review uses in Chapters 22.18, 22.20, 22.22, and 22.24:

1. A master plan including the contents listed in subsection (E)(1) of this section. The master plan shall include all areas where recreational, commercial, and resort uses are proposed and where mitigation and enhancement measures are planned or necessary.

2. A traffic impact study meeting the applicable local or state Department of Transportation standards that projects future conditions for each phase and after the project is completed.

3. A description of economic impacts of resort development prepared by a qualified economist that includes:

a. Assessment of effects on public services and emergency response needs; and

b. Assessment of net economic effect on surrounding communities and counties that takes into account public services costs, job creation, effect on tax base, and commercial activity in nearby urban areas.

4. An engineering assessment of impact on community water facilities and surface water quality due to projected water use and treatment methods at resort build-out.

5. Assessment of effects on existing recreation resources at and adjacent to the resort that evaluates:

a. Types of recreation resources and levels of current use;

b. Existing site conditions and recreation site capacity, including parking, safety, river access, and on-river conditions;

c. Projected additional use and effect on existing recreation areas due to recreation resort development, by phase and at full build-out;

d. Potential effect on the quality of the recreation experience at adjacent recreation sites; including effects due to potential changes in parking, traffic, public health and safety due to recreation resort development; and

e. Identification of potential mitigation and enhancement actions that would improve the quality of the experience for current and projected levels of use.

6. Assessment of effect on surrounding areas. Review of impacts at a minimum shall include the visual character of the area, traffic generation, emergency response, fire risk and lighting.

7. A delineation of the boundary of the existing industrial complex, and an inventory of existing development within the complex, including the dimensions and locations of all buildings.

D. All development within the recreation resort shall be based on a master plan. Master plans shall be sufficiently detailed to enable the reviewing agency to confirm the guidelines of this section will be met through the development.

1. The resort master plan shall include all the following:

a. Land Use Plan. This shall designate uses for all areas within the development. This shall also include a delineation of the resort core.

b. Building Design Plan. This shall describe the location, materials, colors, and dimensions of all structures proposed.

c. Landscape Plan. This shall identify all areas where existing vegetation is to be removed and retained, and describe proposed landscape plantings, species and size of plants used, as well as irrigation and landscape maintenance plans.

d. Traffic Circulation Plan. This shall describe all roadway and parking locations, widths, and surfacing materials.

e. Roadway Improvement Plan. This shall describe all on-site and off-site improvements necessary to mitigate traffic impacts and enhance driver and pedestrian safety in the vicinity of the resort.

f. Grading and Drainage Plan. This shall indicate existing and proposed contours throughout the redevelopment area. Stormwater drainage routes and facilities shall also be indicated on this plan.

g. Infrastructure Development Plan. This shall describe the location, size, basic design, funding mechanisms, and operational plans for water, sewer, power, and emergency services.

h. Construction Phasing Plan. This shall indicate intended phasing of development of the project, if any, including anticipated initiation and completion dates for each component of the development. This shall also discuss how the project will function at interim stages prior to completion of all phases, and how the resort may operate successfully and meet its resource protection and enhancement commitments should development cease before all phases are completed.

i. Resource Protection and Enhancement Plan. This shall describe and indicate proposed measures that will be implemented to protect and enhance scenic, natural, cultural and recreation resources, including measures necessary to mitigate impacts identified through assessments required by this section.

2. Resort master plan and phase approval shall be reviewed pursuant to the application process in Sections 22.06.110 and 22.06.120, and the following:

a. Construction of all phases of the master plan shall be completed within twelve years from the date of approval. The administrator may grant one extension of time, not to exceed three years, to the validity of the master plan if they determine that events beyond the control of the applicant prevented completion of all phases of the master plan.

b. The initial phase of the master plan shall be commenced within three years of master plan approval by the administrator. The administrator may approve one extension of time, not to exceed two years, to initiate the initial phase if they determine that events beyond the control of the applicant prevented commencement of the phase.

c. The administrator shall review each phase of the master plan for consistency with the master plan prior to any construction on that phase. The review for consistency shall be an administrative decision. Each phase of the master plan shall be completed within three years from the date the administrator determines that phase is consistent with the master plan. The administrator may grant one extension of time, not to exceed two years, if they determine that events beyond the control of the applicant prevented completion of that phase.

d. The administrator may approve minor changes in accordance with Section 22.06.150(D) to the findings, conclusions, and conditions of approval for master plans and phases if the change is deemed to be consistent with the guidelines of this section and does not generate new significant potential impacts not previously addressed in the original review. Approval or denial of a request for a minor change or extension shall be an administrative decision.

E. Development Standards. The applicant shall demonstrate, and the administrator shall make findings that determines the following standards are met through development under the approved master plan for the recreation resort:

1. Master Plan.

a. Removal. The first phase of recreation resort development shall result in the elimination of industrial uses and removal of all portions of the industrial complex that are not planned for use as part of the resort. Existing residential uses may remain.

b. Infrastructure. The recreation resort shall provide its own sewer, water and internal circulation system, including roads. The development shall accommodate mass transportation to access the site and adjacent recreation areas.

c. On-site and off-site infrastructure impacts shall be fully considered and mitigated. Mitigation may include assessment of impact fees, provision of community facilities within or adjacent to the resort. The reviewing agency may require that some or all reasonable and negotiated costs, expenses or charges associated with the alteration, construction or improvement of public services and facilities shall be the responsibility of the applicant.

d. Phasing. Each phase shall be self-sufficient, in conjunction with existing elements of the resort. Transportation, parking, utilities, landscaping, as well as recreation mitigation and enhancements for each phase shall be satisfied within each phase and shall not be dependent upon a future phase.

i. Each phase of the development shall be designed to be completed within two years of the commencement of construction for that phase.

ii. Off-site recreation mitigation and enhancement shall be included in the first phase and completed prior to occupancy of resort buildings and initiation of a second phase.

iii. On-site recreation mitigation and enhancement shall be developed in proportion to the type and amount of development in each phase.

e. Landscaping necessary to screen development from key viewing areas shall be sized to provide sufficient screening to make development of each phase visually subordinate within five years or less from the commencement of construction of that phase, except for landscaping necessary to screen development from the section of SR 14 passing through the resort core. Such landscaping may be sized to provide sufficient screening to make development visually subordinate within ten years from the commencement of construction of each phase. Landscaping for each phase shall be installed as soon as possible and prior to phase completion.

f. Bonding sufficient to ensure remediation and clean-up of the site and completion of resource enhancements identified in the master plan is required.

2. Potentially adverse impacts of a recreation resort on surrounding areas shall be mitigated.

a. Traffic, safety, and circulation impacts shall be mitigated in conformity with reviewing agency requirements. For each phase of the proposed development, the developer shall make road and intersection improvements to maintain traffic levels of service existing prior to each phase. The developer shall ensure that in no event may it cause the public road system to operate below a level-of-service (LOS C) for intersection delay during the peak traffic hour. LOS C standards shall be determined based on the most recently adopted version of the Highway Capacity Manual (Transportation Research Board).

b. The administrator may apply additional restrictions on noise, odor, lighting and water treatment in order to mitigate identified impacts.

3. Recreation resources on the subject property shall be protected and enhanced by the development of the recreation resort. Recreation resources on adjacent lands and nearby areas shall be protected.

a. Potentially adverse impacts to adjacent recreation sites due to the development shall be mitigated.

b. Recreation enhancements shall include, but are not limited to, measures that address existing site conditions and provide new or expanded facilities that are open to the public.

c. Resource protection and enhancement plans shall address at a minimum:

i. Improvements to recreation user areas;

ii. New or improved access to recreation sites;

iii. Parking improvements and other potential methods to reduce parking demand at adjacent recreation sites by resort guests, such as shuttles or parking restrictions;

iv. Cooperative agreements with the management of adjacent recreation sites to jointly address potential adverse impacts;

v. Establishment of mitigation funds to be applied to improvements at public recreation sites; and

vi. Development of secondary activities, such as spectator seating, development of recreational trials, interpretation sites and trails.

4. Scenic resources shall be protected and enhanced by the development of the recreation resort. All new development, including additions or reuse of existing structures for resort use shall be visually subordinate as visible from key viewing areas. Enhancements may include, but are not limited to: removal of visually discordant structures and building materials not associated with the existing industrial complex, grading and vegetative restoration of previously disturbed areas and permanent protection of undeveloped lands in the master plan area or adjoining lands in the same ownership.

5. Cultural resources shall be protected and enhanced by development of the recreation resort. Cultural resource reconnaissance survey procedures and standards for large-scale uses are applicable to recreation resort development. Enhancements may include, but are not limited to, interpretive displays, restoration or adaptive re-use of historical structures.

6. Natural resources shall be protected and enhanced by the development of the recreation resort. Enhancements may include, but are not limited to, habitat improvements, permanent protection of undeveloped lands, water-quality improvements.

7. Development of the recreation resort shall not affect or modify the treaty or other rights of the four Columbia River treaty tribes. (Ord. 2021-05 (Att. A), 12-14-21)