(1) Residential Density. There shall be no subdivision of land designated commercial forest or rural forest for residential purposes. However, nothing in this code shall be construed to prevent the owner of designated commercial or rural forest land from living on his/her land; provided, that applicable building requirements are met.
(2) Subdivisions and Use Limitations. Subdivision of commercial and rural forest lands for construction or installation of nonresidential purposes, as allowed in Table 3-1 in JCC §
18.15.040, shall be at least 80 acres in size within the commercial forest designation and 40 acres in size within the rural forest designation and must meet the following criteria:
(a) The facility cannot otherwise be suitably located on undesignated land;
(b) The installation cannot otherwise be accomplished without subdivision;
(c) The facility is to be located on the lowest feasible grade of forest land; and
(d) The facility removes as little land as possible from timber production.
(3) Setback Requirements for Adjacent Development. New structures proposed to be located on parcels adjacent to designated forest lands shall:
(a) Establish and maintain a minimum 250-foot building setback adjacent to commercial forest lands and 100 feet adjacent to the rural forest lands designation, which shall serve as a resource protection area, as measured from the property boundaries of adjacent forest lands except as follows:
(i) If the size, shape, and/or physical site constraints of an existing legal lot do not allow a setback of 250 feet adjacent to commercial forest lands and 100 feet adjacent to the rural forest lands designation, then the new structure shall maintain the maximum setback possible; or
(ii) If the owner of the land on which the new structure is proposed and the owner of the adjacent forest land each sign and file for record, in the manner required by law for covenants running with the land, a document which establishes an alternative setback for one or both of the properties, a setback of less than 250 feet adjacent to commercial forest lands and 100 feet adjacent to rural forest lands may be maintained;
(b) Provide adequate access for fire vehicles; and
(c) If the proposed structure is located within 250 feet of the boundary of commercial forest lands or within 100 feet of rural forest lands, in the area where the setback is to be applied, the property owner shall survey the property boundaries that abut forest land in the area where the setback is to be applied, locate the property boundaries on the ground, and submit a record of survey, or other means deemed acceptable to the administrator, with a building permit application.
(4) Setback Requirements on Designated Forest Lands. Builders of new structures proposed to be located on parcels designated commercial, rural, or inholding forest shall:
(a) Establish and maintain a minimum 250-foot setback, which shall be a resource protection area, from the property boundaries of adjacent commercial and rural forest lands except as follows:
(i) If the size, shape, and/or physical site constraints of an existing legal lot do not allow a setback of 250 feet, the new structure shall maintain the maximum setback possible.
(5) Establishment of Resource Protection Areas. Subdivisions, short subdivisions and rural cluster subdivisions of parcels adjacent to forest land shall establish a resource protection area of a minimum 250-foot width along commercial forest land boundaries and 100-foot width along rural forest and inholding forest land boundaries.
(Ord. 8-06 § 1; Ord. 14-18 § 4 (Exh. B))