Chapter 17.115 SPECIAL USE PERMITS

Chapter 17.115
SPECIAL USE PERMITS

Sections:

17.115.010 Purpose.

17.115.020 General criteria.

17.115.030 Special uses.

17.115.040 Application.

17.115.050 Hearing examiner review.

17.115.060 Special proceedings.

17.115.010 Purpose.

The purpose of this chapter is to identify the criteria by which special uses are to be considered by the hearings examiner. [Ord. 1170B, 2000]

17.115.020 General criteria.

The county adopts the following criteria as general criteria which shall be required as part of every special use permit issued by the County.

(1) The maximum environmental noise levels established by Chapter 173-60 WAC and incorporated herein by reference, together with any adjustments authorized therein.

(2) The air quality standards adopted by the Southwest Washington Air Pollution Control authority and any SWAPCA permit issued for a project.

(3) The terms of any permit issued for a project by a resource agency, including Washington State Department of Fish and Wildlife, HPA, water quality permit, Chapter 90.48 RCW, shoreline permit, Chapter 90.58 RCW, or permit issued by the U.S. Army Corps of Engineers.

(4) Conditions imposed in any final environmental determination, Mitigated Determination of Nonsignificance or Final Environmental Impact Statement under Chapter 43.21C RCW.

(5) Adequate provision must be made for potable water, waste disposal, parking, transportation, and storm water control.

(6) The general criteria shall be applied to all special uses and shall be the criteria for those uses not specifically identified below.

(7) No special use permit shall be approved in any subarea or location where the limits identified in LCC 17.42.040 for projects have been reached. [Ord. 1179, 2002; 1170B, 2000]

17.115.030 Special uses.

The following special uses shall be reviewed as provided in this chapter and shall be subject to the general criteria and the special criteria identified below.

(1) Group homes and other state-licensed residential care facilities. The hearings examiner shall make a written finding that all terms of the state license which govern location and physical development of the facility are met by the application.

(2) Rural resorts as identified in Tables 1 and 2, LCC 17.42.030 and 17.42.040.

(a) Special Conditions.

(i) Uses which propose development on more than 40 acres must be processed as a master plan pursuant to Chapter 17.120 LCC.

(ii) All permanent access roads and permanent parking areas shall be hard surface to reduce mud and dust.

(3) Recreation and camping facilities such as mining camps, river camps, and hunting and hiking camps which provide necessary facilities to permit use and enjoyment of the Lewis County out of doors.

(a) Special Conditions.

(i) All permanent access roads and permanent parking areas shall be hard surface to reduce mud and dust.

(4) Sports facilities and clubs including golf courses, playing fields for outdoor sports and other facilities, as identified in Tables 1 & 2, LCC 17.42.030 and -.040:

(a) Special conditions:

(i) Uses which are larger than 40 acres must be processed as a master plan pursuant to Chapter 17.120 LCC.

(ii) All permanent access roads and permanent parking areas shall be hard surface to reduce mud and dust.

(iii) As to pistol, rifle, skeet, and other shooting facilities which encourage education and training in the safe use of lawful firearms, the application shall include noise and range safety evaluation for property within one half mile of the proposed range. The hearing examiner must specifically find that the range does not pose a safety hazard to any resident within the study area.

(5) Private aviation facilities (facilities providing landing surface and takeoff for aircraft or heliports used by nine or fewer aircraft).

(a) Special conditions.

(i) All landing strips shall be so designed and the runways and facilities so oriented, that the incidents of aircraft passing directly over dwellings during their landing or taking off patters is minimized. They shall be located so that traffic shall not constitute nuisance to neighboring uses. The hearing examiner shall find, in writing, that the applicant has secured easements and other rights necessary to implement runway protection zones and other safety regulations required by the FAA consistent with the proposed aviation use.

(ii) The proponents shall show that adequate controls or measures will be taken to prevent offensive noise, vibrations, dust, or bright lights.

(iii) New private use landing strips and heliports shall be allowed in a rural or resource zone by a special use permit, with standards set forth in FAA regulations in effect on the date of application* and subject to the same notice requirements of subsection (6)(v) of this section.

(iv) For purposes of this section, an ultra light aircraft for personal use does not require a permit under this section and shall be considered an accessory use for any residential site in excess of five acres.

(6) Public aviation facilities (facilities providing landing surface and takeoff for 10 or more general aviation aircraft) (aircraft based at those landing areas are owned or controlled by the landowner or tenant and subject to any limitations deemed necessary by the hearing examiner)

(a) Special conditions.

(i) The minimum lot size shall be 60 acres.

(ii) The centerline of any such landing area shall not be located within 500 feet of any property line, building, or structure; except that a legal affidavit from adjacent property owner(s) allowing all, or a portion, of that 500 feet as a recorded easement on their property, presented as part of a special use permit application, shall be acceptable.

(iii) The field shall comply with the standards set forth in FAA regulations in effect on the date of application*.

(iv) Fuels and lubricants associated with the operation of personal use aircraft will be stored and handled in accordance with pertinent state and county codes. All aircraft and pilots must comply with all current Federal Aviation Regulations for the maintenance and operation of aircraft.

(v) Notification of special use permit application hearing shall go, by first class mail, to residents within 1,000 feet from any point on a proposed aircraft landing area.

This notification requirement is in addition to all other notification requirements for special use permit applications found in LCC 17.05.100, and those appropriate notification requirements of this chapter. In addition to public notice designed to meet the requirements of Chapter 17.12 LCC, recognizing the initial hearing will be before the Lewis County hearing examiner rather than before the planning commission. Notification for hearing examiner public hearings shall be published at least 10 days prior to any public hearing and such notice of hearing shall be published in the newspaper of record and in the newspaper of widest circulation in the area affected.

(vi) In addition to the requirements for a special use permit, the requirements of RCW 36.70.547 shall be met.

(vii) Such facilities shall be located on parcels where the aircraft allowed are at least 500 feet off of the ground prior to crossing a property line on takeoff or landing.

(viii) No residential structure shall be closer than 1,000 feet to the proposed air facility,

(ix) No place of public assembly shall be located within one half mile of the end of any such facility.

(x) The hearing examiner shall find, in writing, that the applicant has secured easements and other rights necessary to implement runway protection zones and other safety regulations required by the FAA consistent with the proposed aviation use.

(7) Residential, recreational, and other non-resource uses permitted under Chapter 17.30 LCC, Resource Lands.

(a) Special condition: Such uses shall demonstrate that the use does not adversely affect the overall productivity of the total resource parcel for the intended resource use by reason of the nonresource activity proposed.

(8) Home based businesses and isolated small businesses.

(a) Special conditions.

(i) Any new facilities shall be located more than 200 feet from lands designated as critical areas, and shall be required to identify and take steps to protect resource activities where such activities occur nearby.

(ii) All home occupation facilities must be located on property contiguous to the parcel upon which the owner or manager resides.

(iii) A permit granted under this section is applicable to the facilities approved, so long as all criteria for home based industries are met. Where an owner desires to move and to move the business as a home based industry, a new permit will be required for the new location.

(iv) The cumulative affect of similar uses in the neighborhood must be identified to assure that the land is capable of accommodating the use without creating the need for new services or facilities which are not rural in nature.

(9) Expansion of existing nonconforming commercial or industrial uses. (See also the requirements at 17.155)

(a) Special conditions.

(i) Use must have existed before July 26, 1999.

(ii) The new structure must not exceed 10,000 square feet.

(10) Cluster subdivisions greater than six units.

(a) Special conditions.

(i) Must be on properties 40 acres and larger.

(ii) No more than 24 cluster subdivision units in any 1/2-mile radius, except where separated by a visual geographic barrier.

(iii) The hearing examiner shall examine the existing and proposed development within a one-mile radius of the perimeter of the proposed site to protect rural character and shall:

(A) Determine the nature of existing development and availability of adequate facilities.

(B) Determine the likelihood of probably future cluster development.

(iv) The hearing examiner shall make written findings that the area in which the cluster is located is within the population targets of Table 4.3, p. 4-63 of the Lewis County comprehensive plan.

(v) The hearing examiner shall identify necessary conditions, including caps or specific limitations to assure that urban development defined in RCW 36.70A.030(17) as prohibited outside urban growth areas by RCW 36.70A.110 does not occur, and that the rural character identified in the comprehensive plan and RCW 36.70A.030(16) and RCW 36.70A.070(5)(b) is protected, and to achieve the specific requirements of RCW 36.70A.070(5)(c).

(11) Essential public facilities–local. All facilities identified as essential public facilities–local. (Essential public facilities – major, such as a solid waste disposal facility or hydroelectric project, must be sited and approved as a comprehensive plan amendment.)

(a) Special conditions.

(i) The use is located in accordance with the criteria identified in a comprehensive plan adopted by the service provider.

(ii) If outside a UGA, the use can be accommodated without requiring urban services or promoting urban growth in rural areas.

(12)(A) Small towns–mixed use/commercial buildings in excess of 5,000 sq.ft. Projects in small towns–mixed use/commercial exceeding 5,000 square feet.

(B) Small towns–industrial uses in excess of 20,000 sq.ft. Projects in small towns-industrial exceeding 20,000 square feet.

(a) Special conditions.

(i) The facility contains uses of a type and scale found in small towns.

(ii) That off-street parking is sized to accommodate the intended uses.

(iii) That the adequacy and rural facility tests of Chapters 17.130 and 17.150 LCC are met.

(13) Recreational vehicle park. A recreational vehicle park is a facility for the short- or long-term use of recreational vehicles, as distinguished from mobile homes or camp sites approved under other sections of this Code.

(a) Special conditions.

(i) Recreational vehicle parks shall conform to the requirements of the recreational vehicle park ordinance set forth in Title 16 of this Code. Per Tables 1 & 2, at LCC 17.42.030 and .040, RV Parks up to 100 sites or up to 10 acres are processed through a Special Use Permit; those over 100 sites and up to 40 acres go through a Rural Master Plan process, and those having more than 100 sites and larger than 40 acres go through as a Master Plan Resort.

(14) Creation of new surface mining areas or the expansion of the surface mining areas.

(a) Applicability. This section applies to the creation of new surface mining areas or the expansion of lawfully permitted activities beyond the approved DNR reclamation plan area in effect on July 26, 1999; provided, however, this does not cover any mining activity which is less than three acres in size and less than 5,000 yards per year.

(b) Mine development standards. All permits issued pursuant to this section shall require the following minimum standards. The hearing examiner may increase buffers and mitigation where good cause is shown.

(i) Setbacks/Screening.

(A) A fifty (50) foot setback from the mine property and from all abutting property, consistent with and subject to the reduction provisions of Section 17.30.810 LCC, shall be maintained for areas of direct cut or fill connected with resource extraction operations. For mining operations, setbacks may be increased when necessary to protect lateral support of abutting properties or public rights of way.

(B) A twenty-five (25) foot screen within the fifty (50) foot setback on the mine property, consisting of site obscuring vegetation, berms, or other methods to conceal the mine from public rights of way or property used for residential purposes as approved by Lewis County shall be maintained.

(C) Any direct extraction operation areas within a public utility right of way shall be subject to the written conditions of approval from the affected utility, which shall be incorporated into the permit.

(D) A two hundred (200) foot setback shall be maintained between any mining activity and any existing structure occupied for sleeping or eating purposes but not including accessory structures such as barns or out buildings, existing at the date of application.

(ii) Road use–In order to assure maintenance and development of adequate county roadways, owners of surface mining operations may be required to enter into a haul route agreement with the County Engineer upon adoption and implementation of a Haul Route Agreement Program. The haul route agreement shall address impacts immediately attributable to project use.

(iii) Traffic safety–The operator may be required to install traffic improvement, control, and warning signs to assure adequate access and traffic safety.

(iv) Noise/Bright lights

(A) No development or activity shall exceed the maximum environmental noise levels established by Chapter 173-60 WAC.

(B) Bright lights shall be shaded or shielded from adjoining residential properties.

(v) Surface mining operation with critical aquifer recharge areas–The purpose of this section is to protect critical aquifer recharge areas as required by RCW 36.70A.060(2). Any surface mining operation within a critical aquifer recharge area (as designated in Chapter 17.35 LCC) shall meet the following standards:

(A) Fuel tanks and oil drums shall be double containment construction and protected by bermed areas having adequate capacity to accommodate, contain, and allow the removal of petroleum spills. Fuel nozzles shall not contain locking devices. Fuel storage shall be above ground. Fueling of mobile equipment shall be located at least twenty feet above the seasonal high ground water level or within lined and bermed areas with adequate capacity to accommodate, contain, and allow the removal of petroleum spills. Where the nature of the operation is such that the machinery cannot be moved for fueling, or the aquifer is less than twenty (20) feet from the surface, the Hearings Examiner may approve an alternative fueling plan which accomplishes aquifer protection.

(B) All operations shall maintain a fuels/hazardous waste management plan maintained by the operator and available on the site at all times.

(C) Surface mines shall not use any noxious, toxic, flammable, compactable, or combustible materials not specifically authorized by Lewis County Department of Health for backfill or reclamation. Non-contaminated process water used for gravel washing shall be routed to settling ponds to minimize off-site discharges. A general permit from the Department of Ecology for process and storm water discharge may substitute for these requirements.

(D) On-site truck and equipment wash runoff shall be routed to retention facilities equipped with an oil-water separator prior to its release to settling ponds.

(E) Use of chemicals, petroleum or hazardous products, and disposal of such products, in concrete or asphalt plant operations within critical aquifer recharge areas shall meet all the standards set forth in Chapters 90.48 RCW and 173.303 WAC.

(vi) Public safety–Owners of surface mines shall ensure their operation(s) will not be hazardous to neighboring uses. Blasting activities shall be conducted so that ground vibrations comply with all state laws about peak particle velocity, air pressure, and other state requirements, including but not limited to Chapter 9 of the Blasting Guidance Manual identified below. All fly-rock shall be contained within the site. All activities shall comply with the standards set forth in official guidelines, including but not limited to Office of Surface Mining U.S. Department of Interior, Blasting Guidance Manual, 1987 ed., Explosives: WAC 296-52-493, Part F.

(vii) Surface water permit–WDOE NPDES Sand and Gravel General Permit or individual permit, as appropriate, shall be a condition of approval and incorporated herein by reference.

(viii) Hours of operation–Regular hours of operation shall be between the hours of six-thirty (6:30) o’clock AM and seven (7) o’clock PM; blasting shall only occur during the time period between ten (10) o’clock AM and four (4) o’clock PM. Prior to any blast, twenty-four (24) hours notice shall be given to all property owners or residences within five hundred (500) feet of any mine property line. If a blast does not occur as scheduled in a notification, twenty-four (24) hour renotification shall be required. The Hearings Examiner may inquire into the proposed hours of operation and set additional limits when deemed necessary to protect quiet enjoyment of neighboring residential properties. The Hearing Examiner may include provisions for exceptions from established regular hours of operation. Extended hours may be requested and approved under conditions set by the hearings examiner, particularly for work on public works contracts where an emergency may require work outside regular hours.

(c) Preferential right to manage resources and resource use notice. For those land owners of designated Mineral Resource Lands who choose to use their property for resource management, the provision of “Right to Mine” shall fully apply.

(d) Mining use notices–Designated Mineral Resource Lands.

(i) For properties designated Mineral Resource Land in the comprehensive plan and development regulations, the property owner(s) of said land shall submit to the County, for recording with the County Auditor, a written notice of the designation. This notice shall be in a form authorized by the Director of the Community Development Department and shall include:

(A) The legal description of the property subject to the designation

(B) The 1/16 section or sections which lie adjacent to the property designated in (A) above and any other property within 500 feet of the boundary of the designated property.

NOTIFICATION

This notification is to inform property owners that the property described herein is adjacent to or within 500 feet of the property line of land managed for mining. Mining operations may be carried out now or in the future. Lewis County has established designated Mineral Resource Land that sets as a priority the use of these lands for mining. The normal and usual practices associated with said operations when performed in accordance with county, state, and federal law, shall not be subject to legal action as a public nuisance.

The mineral right owner/operator shall execute and acknowledge the notice, and pay the fee to the County for recording the notice.

(ii) For properties designated Mineral Resource Land pursuant to the comprehensive plan and development regulations, the Director of the Community Development Department shall submit to the County Auditor for recording, a written notice of all Designated Mineral Resource Lands. This notice shall be in a form similar to the NOTIFICATION just prior above. The Director of the Community Development Department shall execute and acknowledge the notice, and no affected property owner shall be charged a fee for recording the notice.

(iii) For all properties within 500 feet of the property line of a parcel which includes designated Mineral Resource Lands, all plats, short subdivisions, large lot subdivisions, development permits and building permits issued by Lewis County after the effective date of this Chapter for development activities within 500 feet of property designated Mineral Resource Land, or within 500 feet thereof, shall contain a notice as specified in the NOTIFICATION just prior above.

(e) Project notification.

(i) Posted by the applicant on the county road nearest the proposed entrance, 4' x 4' sign identifying the time, place, and purpose of the proceedings

(ii) Mailed to property owners of record within 500 feet of the boundary of property on which the mine is to be located, but not greater than 1/4 section, so long as the proposed mine is less than 80 acres in size.

(f) Exceptions--This permit process shall not be applicable to mines regulated under federal mining laws.

(15) Auctioneering Facilities. Auctioneering facilities to serve the equipment needs of the transportation, industrial and agricultural industries (including the local and regional markets) are permitted as a special use. These facilities are deemed to be consistent with the rural character and development patterns of Lewis County as long as the following conditions are met:

(a) Site Characteristics.

(i) The site shall be at least 80 gross acres but shall not exceed 240 gross acres.

(ii) The building area on the site shall not exceed 80,000 gross square feet.

(iii) The site shall be located within one mile measured horizontally from a major transportation corridor.

(b) Services. The use does not require urban services.

(i) Critical areas on the site shall be preserved with their buffers.

(ii) No critical areas variances shall be granted except as needed to provide access and/or necessary utilities to the site.

(d) Off-Site Impacts. The special use shall adequately mitigate potential off-site impacts, including, but not limited to, parking, noise, lighting, fumes and dust. [Ord. 1210 §1 (Exh. 1, Att. C), 2009; Ord. 1179B Ex. B, 2003; Ord. 1170B, 2000]

*[Codifier’s Note: FAA regulations referenced are FAR Title 14, Part 157, Section 157.3, and as thereafter amended.]

17.115.040 Application.

The application shall include a special report to be prepared in connection with the environmental checklist which shall identify:

(1) The owner or owners of the property to be mined; a copy of the lease if the applicant is the tenant on a site.

(2) The legal description of the property to be mined--the entire parcel to be included in the special use approval, which may be less than the entire ownership, together with each separate ownership within the development area

(3) The application shall identify all uses proposed for the site, including direct or accessory uses. No use shall be permitted on a mineral site which is not shown on the map approved by the hearings examiner.

(4) A map or series of maps at a scale of 1” = 100 feet, which shows:

(a) Boundaries of the designated area

(b) Boundaries of individual ownerships, or leasehold interests if the mine is confined to a leasehold area

(d) Existing roads, highways, and driveways abutting the site and within 500 feet of the site, and the principal access from the site to the nearest arterial or state highway

(e) Property ownerships within 500 feet of the site.

(f) Wells within the development area or within 500 feet of the boundary of the site which are used for domestic use or identified through well log or water right records.

(g) A general identification and location of critical areas on the site or within 500 feet of the site and the identification of all Type 1, 2, and 3 streams under WDF&W criteria, and any streams or water bodies subject to jurisdiction under Chapter 90.58 RCW, the State Shoreline Management Act.

(h) For mineral extraction special use permits only: A mine plan consistent with DNR reclamation requirements, together with a proposed phasing plan.

(i) An environmental checklist. The environmental checklist shall specifically address:

(i) On-site and off-site critical areas, issues, protection, and mitigation.

(ii) Transportation--Present facilities and upgrades if required, new facilities, and phasing impact and mitigation required.

(iii) Stormwater, including facilities in place, facilities necessary to serve the new development by phase, and potential impact on off-site facilities, critical areas, or water resources, and all Type 4 and 5 streams affected by mines or accessory activities.

(iv) For mineral extraction special use permits only: Blasting, if applicable, and potential risks and mitigation.

(v) Water source and uses and affect on neighboring properties. [Ord. 1170B, 2000]

17.115.050 Hearing examiner review.

(1) All special use permits shall be heard by the hearings examiner. The hearings examiner shall approve the special use permit upon written findings that:

(a) The plan is consistent with and promotes the goals of the comprehensive plan and the general and special conditions of the special use;

(b) Adequate provision is made for public services and facilities concurrent with the development;

(d) Where state law establishes specific standards for operations (e.g. noise), such standards are to be specifically referenced in any permit; and

(e) Adequate protection is given critical areas, including surface and ground water consistent with the critical areas requirements of Chapter 17.35 LCC.

(f) Access to public streets is consistent with county standards.

(g) The provisions of Chapter 17.145 LCC have been met.

(2) The hearings examiner may condition such special use permit based on written recommendations in environmental documents, and as otherwise necessary to comply with the requirements of this chapter, the County Comprehensive Plan, development regulations, and environmental regulations.

(3) The hearing examiner shall hold an open record hearing and shall issue a decision which shall be final for County purposes. Any party aggrieved by the decision of the hearing examiner, with standing as provided by Chapter 36.70C RCW, LUPA, may appeal such decision pursuant to LCC 2.25.140, with further appeal to Superior Court pursuant to Chapter 2.25 LCC. [Ord. 1179, 2002; 1170B, 2000]

17.115.060 Special proceedings.

In addition to other remedies available under the laws of the State of Washington:

(1) For mine sites only: The hearings examiner shall, upon the request of the County or the petition of one or more property owners within one-half mile of a mine site, conduct a public hearing to determine:

(a) The extent of lawfully permitted mining activity on July 26, 1999

(b) Whether the current mining operation is operating within the boundaries of a lawful pre-existing mine site

(2) For any special use permit: The hearings examiner shall, upon the request of the County or petition of one or more residents within one-half mile of a special use permit site, conduct a public hearing to determine whether the terms of the permit are being followed. If the hearings examiner finds the conditions of the permit are not followed, the examiner may require modification of the permit to solve the problem. Where offsite damage has occurred, the examiner may suspend the permit until all necessary corrections are made, or when uncompensated damages have occurred attributable to mine operations, the examiner may condition reopening of permit upon payment of any damages caused by mining operations, including but not limited to replacing potable water supplies. Payment may be made under protest, or bond posted if the operator wishes to proceed and appeal the determination under LCC 2.25.130.

(3) Upon receipt of a petition under either (1) or (2) above, the County shall notify all property owners abutting or within 500 feet of the property which is the subject of the special use permit, to notify them of the proceeding and of their right to participate. The notice of the proceeding shall also be published in the newspaper of record.

(4) For mine sites only: Variances may be granted to a special use permit holder for the “Hours of Operation” provisions noted in LCC 17.115.030(19)(b)(viii) if findings are made that immediate compliance with any requirements cannot be achieved because of special circumstances rendering immediate compliance unreasonable in light of economic or physical factors requiring operations beyond such limitations. Any variance or renewal thereof shall be granted only for the minimum time period found to be necessary under the facts and circumstances, and shall otherwise comply with all other applicable regulations. Variances shall be reviewed and administratively issued by the Director of Community Development or his/her designee only upon application in writing and after being provided such information as may be requested. No variance shall be issued for a time period to exceed twenty-one (21) days, except upon due notice to the public and a public hearing before the hearings examiner, and no more than one variance in any 90-day period shall be issued without such notice and hearing on any subsequent variance request. [Ord. 1170B, 2000]