Chapter 18.01
SPECIAL USE*
Sections:
18.01.030 Applications for land use approvals.
18.01.050 Automatic special use status.
18.01.060 Development standards for special uses.
18.01.070 Sites with split zoning.
18.01.080 Conversion of public and semi-public development.
18.01.105 Violations – Penalties.
18.01.110 Expansion of nonconforming use.
*Prior legislation: Ord. 18-064.
18.01.010 Title.
This chapter shall be known and may be cited as the “Special Use Code.” [Ord. 20-003, § 1, 1-23-20.]
18.01.015 Reserved.
[Ord. 20-003 § 1, 1-23-20; Ord. 18-042 § 1, 6-12-18.]
18.01.020 Purpose.
A. Certain uses are subject to the special use standards because they may have adverse effects on the environment, overburden public services, change the desired character of an area or create major nuisances. A review of these uses is necessary due to the potential individual or cumulative impacts they may have on the surrounding area or neighborhood. The special use review provides an opportunity to allow the use when there are minimal impacts, to allow the use but impose mitigation measures to address identified impacts or to deny the use if the impacts cannot be resolved.
B. Uses that require a special use review and are subject to the express standards of this chapter are identified below. The review procedures and decision making for various special use situations are located in Chapter 2.05 CCC, CCC 18.10.280 to 18.10.295, and Chapter 19.11 CCC, SEPA. [Ord. 20-003 § 1, 1-23-20; Ord. 18-042 § 1, 6-12-18.]
18.01.030 Applications for land use approvals.
Any application for new land use approvals or for approvals on expanded, existing land use that are submitted to the Cowlitz County Department of Building and Planning, Department of Health, Department of Public Works, or any other county department, after the time and date of adoption hereunder, and are subject to but which did not address these interim regulations, shall be returned as incomplete along with a refund of any application or processing fees, and at the option of the applicant, for completion and resubmission. [Ord. 20-003 § 1, 1-23-20; Ord. 18-042 § 1, 6-12-18.]
18.01.040 Reserved.
[Ord. 20-003 § 1, 1-23-20; Ord. 18-042 § 1, 6-12-18.]
18.01.050 Automatic special use status.
Over time, the zoning standards applicable to a specific site may change. This may result from changes to the zoning standards or the zoning map, including annexation or rezoning. Following an amendment to the zoning standards or zoning map that changes a use that was previously allowed outright or was a conforming use to a special use under the amended regulation or map, the use is considered an approved special use and may continue to operate. Any changes to the use are subject to the criteria and process of CCC Title 18, and the appropriate criteria of this chapter. [Ord. 20-003 § 1, 1-23-20; Ord. 18-042 § 1, 6-12-18.]
18.01.060 Development standards for special uses.
The development standards for special uses are those of the base zone, any applicable overlay zones, and any relevant standards in CCC 18.10.280 to 18.10.295, and as set forth below for specific special uses. [Ord. 20-003 § 1, 1-23-20; Ord. 18-042 § 1, 6-12-18.]
18.01.070 Sites with split zoning.
When a proposed use is located on a parcel which has more than one zone, and the use is a special use, any proposals on the allowed site will subject to special use review standards and use conditions of the more restrictive or conditioned zone. [Ord. 20-003 § 1, 1-23-20; Ord. 18-042 § 1, 6-12-18.]
18.01.080 Conversion of public and semi-public development.
When the need for an existing public or semi-public development in any zone no longer exists, the building may be converted to those uses listed in the zone in which it is located. The development may be converted to any use allowed in the base zone if a special use permit is approved by the Hearing Examiner after public hearing. The Hearing Examiner must find the existing development suitable for the proposed use and that the proposed use is not unduly detrimental to the immediately surrounding properties. To qualify for the special use permit hearing, the public or semi-public development may not have more than 12,000 square feet of total floor area in any building, which building must have been constructed to house the public or semi-public use and operated as such use for a minimum of five years. [Ord. 20-003 § 1, 1-23-20; Ord. 18-042 § 1, 6-12-18.]
18.01.090 Approval process.
A request for a new special use is subject to Hearing Examiner review under Chapter 2.05 CCC unless another type of application is indicated in the primary use table of the zone. [Ord. 20-003 § 1, 1-23-20; Ord. 18-042 § 1, 6-12-18.]
18.01.100 Decision criteria.
Decision criteria for special uses are generally stated in CCC 18.10.280 to 18.10.295, except as stated below. Those special uses with decision criteria, in addition to that provided in this chapter, are listed below. Requests for special uses will be approved if the Hearing Examiner finds that the applicant has shown that all of the decision criteria have been met.
A. Essential public facility. [Reserved]
B. Mining. These approval criteria apply to surface mining, which shall be allowed only as a special use permit in all zones.
1. Exemptions. The provisions of this section shall not apply to the following activities. Activities exempt from this section remain subject to application of the Cowlitz County grading ordinance.
a. Surface excavation or grading for farming or agricultural practices which are less than three acres in size and less than 5,000 yards per calendar year.
b. All Washington State Department of Natural Resources regulated Class I, II, III or IV special forest practice activity conducted in accordance with Chapter 76.09 RCW and WAC Title 222.
c. Stockpiling of materials for public roadway construction.
d. Surface mines that lawfully existed at the time of adoption of these regulations. The expansion of an existing site or operation beyond the scope of previously issued permits shall subject the site to review under the provisions of this section. Surface mines lawfully existing at the time of adoption of the ordinance codified in this subsection shall be subject to CCC 18.02.090 (Existing development) and this chapter as applicable.
2. Definitions. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage.
“Department” unless otherwise specified means the Department of Building and Planning of Cowlitz County.
“Director” refers to the Director of the Department of Building and Planning of Cowlitz County, or his or her designee.
“Operations” means all mine-related activities, exclusive of reclamation, that include, but are not limited to, activities that affect noise generation, air quality, surface and ground water quality, quantity, and flow, glare, pollution, traffic safety, and ground vibrations. Operations specifically include:
a. The mining or extraction of rock, stone, gravel, earth, minerals, and sand. Dredge spoils are included in this definition;
b. Blasting, equipment maintenance, sorting, crushing and loading;
c. On-site mineral processing including asphalt or concrete batching, concrete recycling, and other aggregate recycling;
d. Transporting minerals to and from the mine, on-site road maintenance, road maintenance for roads used extensively for surface mine activities, traffic safety and traffic control;
and shall specifically exclude short-term stockpiling of extracted materials at a public road improvement site or at a lawful construction site, for use at that job site.
Responsible Official. For the purposes of this chapter, the “responsible official” shall be as defined in CCC 18.02.030(A).
“Surface mine” means an operation required for extraction of rock or minerals from the earth including mining by open-pit method and extraction of rock or minerals near the surface. Surface mines include any area or areas in close proximity to each other where extraction of minerals results in more than three acres of disturbed area; or surface mined slopes greater than 30 feet high and steeper than one foot horizontal to one foot vertical; or more than one acre of disturbed area within an eight-acre area when the disturbed area results from mineral prospecting or exploration activities.
3. Resource Activity Notification.
a. Prior to operations and permits issuance, the owner of any site within 1,000 feet of mineral resource land, as defined in this chapter, shall record a title notice with the Cowlitz County Auditor. Such notification shall be in the form set forth below:
PROPERTY ADJACENT TO MINERAL RESOURCE LAND TITLE NOTIFICATION
Parcel Number:
NOTICE: This parcel lies within 1,000 feet of mineral resource land as defined in CCC 18.20. A variety of commercial mining activities may occur which may not be compatible with other development. Potential disturbances or inconveniences may occur 24 hours per day and include but are not limited to: noise, blasting, odors, fumes, dust, smoke, and operation of heavy machinery.
b. The Department shall require the owner of any site within 1,000 feet of mineral resource land, as defined in this chapter, for which a subdivision or short subdivision is submitted to record a title notice with the Cowlitz County Auditor. Such notification shall be in the form set forth below:
PROPERTY ADJACENT TO MINERAL RESOURCE LAND TITLE NOTIFICATION
Parcel Number:
NOTICE: This parcel lies within 1,000 feet of mineral resource land as defined in CCC 18.20. A variety of commercial mining activities may occur which may not be compatible with other development. Potential disturbances or inconveniences may occur 24 hours per day and include but are not limited to: noise, blasting, odors, fumes, dust, smoke, and operation of heavy machinery.
4. Development Operating Conditions. Development operating conditions shall address the following, with the applicant having the burden by substantial evidence to demonstrate any given development standard will impose an unnecessary hardship for purposes of variance under CCC 18.10.355:
a. Siting. All new and expanded surface mines shall be located within mineral resource lands so classified within the Cowlitz County Comprehensive Plan.
b. Lot Width. The minimum lot width for a new surface mine shall be no less than 180 feet, to accommodate the setback requirements below.
c. Setbacks. Mineral extraction operations on land classified as mineral resource land shall be set back at least 30 feet from abutting parcels not classified as mineral resource land, or a greater distance as necessary to meet other regulations. The setback area shall only be used for roads, berms, landscaping, signs, fencing and reclamation activities.
d. Access.
i. All roads providing ingress and egress to the surface mine site shall be gated and posted “Active Surface Mining – No Trespassing.” Emergency telephone contact information shall also be included on the sign.
ii. The applicant shall obtain an approach permit from the Cowlitz County Department of Public Works for access from the surface mine site to the county road(s) and/or Washington State Department of Transportation for access to the state highway(s), as applicable. The applicant shall also obtain a haul road permit pursuant to CCC 12.20.070 if required by the County Engineer, which may include a road maintenance agreement to be incorporated into the terms and conditions of any approvals granted hereunder. Such agreements may include, but are not limited to, safety, restoration, rehabilitation, and resurfacing of the affected roadways and/or financial participation in county road preservation projects.
iii. The applicant shall prevent materials from the surface mine site from entering upon the county rights-of-way from mining, mineral processing and hauling, and from any accessory use or activity, and shall promptly and safely remove any materials which enter upon the rights-of-way. Such materials may include, but are not limited to, rock, sand, mud, soil, water, and/or oil.
iv. The operator shall grant access for inspection of the mine operation in order for the county to monitor and, if necessary, enforce the provisions of the surface mine permit.
e. Noise. Maximum permissible noise levels must be in accordance with the provisions of Chapter 173-60 WAC or as specified during the permit process. The county may require additional measures to control noise, such as placing rubber or urethane screens and liners or crushing and screening equipment, equipping loaders and dozers with ambient-sensitive back-up alarms, or muffling engine noise, if site conditions or the site’s proximity to residential use warrants.
f. Hours and Days of Operation.
i. No operations shall take place on Sundays or on the following holidays: New Year’s Day, MLK Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, and Christmas Day.
ii. All operations and activities other than blasting and maintenance are restricted to the hours of 7:00 a.m. to 6:00 p.m. Monday through Friday, and 8:00 a.m. to 5:00 p.m. Saturday.
iii. Blasting is restricted to the hours of 9:00 a.m. to 5:00 p.m. Monday through Friday.
iv. Maintenance activities, excluding mining, crushing, and loading, may be performed outside the normal hours of operation; provided, that no equipment with narrow-band back-up alarms is used. Noise levels for activities performed outside normal hours of operation shall comply with the maximum permissible environmental noise levels identified in WAC 173-60-040.
v. Loading and hauling outside of normal hours of operation may be approved by the Director; provided, that:
(A) The applicant provides at least 14 days’ notice to the county prior to the event;
(B) The applicant provides evidence that an urgent business need requires delivery of products outside of normal operating hours; and
(C) All equipment shall utilize broadband back-up alarms or reverse-activated strobe lights conforming to Mining Safety and Health Administration (MSHA) requirements.
(D) In an emergency, the Director may waive the requirements of this subsection.
g. Stormwater and Erosion Control. Stormwater and erosion control must be provided in accordance with the applicable chapters of CCC Title 16. Additionally, the applicant is responsible for compliance with all other applicable local, state and federal stormwater and erosion control permitting requirements.
h. Blasting and mining activities shall not:
i. Adversely affect the quality or quantity of groundwater or groundwater wells; or
ii. Cause damage to off-site lawfully constructed structures.
iii. Notice of blasting events shall be provided by the operator to property owners within one-half mile of the mining limits, as well as to the Cowlitz County Department of Building and Planning, by mail at least seven days prior to blasting.
i. Mining activities must meet applicable federal, state and county standards governing odors, dust, smoke, blasting and vibration.
j. Lighting. Significant light or glare shall not be cast onto adjacent properties.
k. Aesthetics. The site shall be screened to minimize viewing from adjacent properties not classified as mineral resource lands. Screening may include vegetation, berms or other topographic conditions, fencing and/or other techniques as approved by the responsible official. Landscaping and fencing shall be maintained in good condition at all times during active operations and until such time as the site is reclaimed.
l. Reclamation Plan.
i. The applicant shall prepare and provide an acceptable reclamation plan to the Washington State Department of Natural Resources. The plan shall be prepared in accordance with the standards as set forth in Chapter 78.44 RCW, and as subsequently amended. The Department of Natural Resources shall have the sole authority to approve reclamation plans. The Department shall support reclamation plans that emphasize the avoidance of off-site post-closure degradation due to off-site migration of pollutants from the surface mining site.
ii. Prior to commencement of operations, the applicant shall provide the Department with copies of all permits/approved plans filed with the Department of Natural Resources.
5. Development Site Conditions. The development site application and review conditions shall address the following:
a. An application for a surface mine approval shall include information and details as necessary to sufficiently indicate the nature and extent of the current and future operations proposed and demonstrate conformance with the provisions of this section and all other relevant laws, codes, rules and regulations. Plans and submittals made to state or regional agencies for approvals to operate the same surface mine may be with the application to provide the information, provided at minimum such documentation includes the following:
i. Plans Drawn to an Engineer’s Scale. All plans must include a scale, bar scale, north arrow, legend, and title block.
(A) General vicinity maps of the proposed site;
(B) Parcel boundaries and contours (at intervals of five feet or less) of existing ground, details of existing terrain, and details of existing area drainage;
(C) Boundaries of area that will be disturbed by mining;
(D) Proposed elevations and contours (at intervals of five feet or less) of the greatest extent of the proposed mining and proposed drainage channels and related construction;
(E) Location of existing site features, such as roads, railroads, utility lines, easements, streams, wells, lakes, springs and wetlands;
(F) Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams, berms, settling ponds and other protective devices to be constructed with or as a part of the proposed work, together with the maps showing the drainage area and the estimated runoff of the area served by any drains;
(G) Location of any buildings or structures on the property where the work is to be performed, and the location of any buildings or structures on land of adjacent property owners which are within 200 feet of the property;
(H) Topsoil and overburden storage areas;
(I) Location and type of proposed screening;
(J) Location of access roads and primary haul routes;
(K) Documentation of all necessary easements providing proof of legal access to site.
ii. Cross Sections. At least two cross sections (generally at right angles) that extend completely across and 60 feet beyond the boundaries of the area to be disturbed by mining. Cross sections shall depict the original and final topography and the water table.
iii. Backfilling. If backfilling is proposed, provide a plan detailing source of backfill material, quantity needed, grading and compaction scheme, erosion control plan, and immediate vegetation plan. All backfill shall be made with non-noxious, nonflammable, noncombustible solids unless approval has otherwise been granted by the Cowlitz County Health Department.
iv. Storm Drainage and Erosion Control Plan. Prepared by a registered professional engineer in the state of Washington. Plan must address continued maintenance and operation of storm drainage and erosion control system. Plan shall include stormwater calculations and proposed treatment facilities for runoff from access roads and impervious surfaces. Plan shall be prepared in accordance with the applicable chapters of CCC Title 16.
v. Hydrogeology Report. Prepared by a registered professional engineer in the state of Washington. The report shall provide evidence that groundwater will not be affected by the proposed activity, through data collection and analysis. The report shall:
(A) Identify, review and include the location of adjacent well logs;
(B) Identify adjacent water rights and water use;
(C) Provide a measurement of static water levels in adjacent wells;
(D) Provide a determination of the current potentiometric surface.
vi. Traffic Impact Analysis. Prepared by a registered professional engineer in the state of Washington. The analysis shall include the following elements, and any additional elements as requested by the Director, or the Director of the Department of Public Works:
(A) Trip generation, including passenger and haul vehicles;
(B) Trip assignment and distribution;
(C) Capacity analysis: Existing and proposed operational level of service at the site access and intersections along primary and secondary haul routes including proposed mitigation, if any;
(D) Safety analysis: Sight distance at intersections and crash history at intersections and along haul route corridor, including proposed mitigation, if any;
(E) Vehicular maneuvering analysis: Turning movements at intersections and tracking at intersections and horizontal curves including proposed mitigation, if any;
(F) Structural capacity analysis: Remaining life of primary and secondary haul routes under current and proposed loading including current and proposed improvements needed to achieve a 15-year structural capacity.
vii. Dust Control Plan. Demonstrating how dust will be controlled on site and on public roadways.
viii. County shall send, at applicant’s expense, written notice of surface mine permit application, and any applicable associated applications, to owners of property within a radius of one mile of the site and to owners of all parcels abutting local access roads identified as the primary haul route that are between the site and roads designated as a collector or arterial by the Department of Public Works, or as a state highway. Said notice shall be addressed as shown on the current tax rolls and transmitted not less than 14 days prior to the Hearing Examiner hearing, conducted pursuant to Chapter 2.05 CCC.
b. The special use review of the surface mining shall include the following criteria and findings in making a decision as to whether or not to approve a permit:
i. Surface mining is an essential economic development activity, and that it may not be possible to extract minerals without producing some impacts.
ii. The standards and requirements in this section are the minimum standards based on unique site-specific factors or conditions as appropriate to protect public health, safety and welfare.
iii. Conditions of approval shall include mitigation on the detrimental impacts to the environment. Mitigation conditions shall be performance based and endeavor to:
(A) Be directly and proportionately related to surface mining impacts;
(B) Be reasonable, practicable and capable of being achieved by the mine operator, so as not to unduly limit the viability of the operator’s business;
(C) Seek to alleviate existing and potential incompatibilities between mineral extraction operation and adjacent parcels and/or land uses;
(D) Take into consideration the length of time mining operations were first conducted on the property and when adjacent incompatible uses were first developed.
(E) The applicant shall develop and conduct a monitoring program. All monitoring shall be conducted at the applicant’s expense. The monitoring program shall be approved by the county prior to beginning operations under the permit, and shall include the following:
(1) A statement of the operating requirements and standards for each condition of approval in the permit for extraction, processing and transport;
(2) A description of the methodology for determining compliance with each requirement and standard; and
(3) A schedule for conducting the required monitoring. At minimum the schedule shall be:
(a) Beginning 12 months after approval of the surface mine permit;
(b) Continuing at 12-month intervals thereafter; and
(c) As needed to correct any instances of noncompliance, as determined by the responsible official.
(d) Each monitoring activity shall be reported to the county.
(e) This monitoring activity and reporting shall not be construed to hold Cowlitz County, or any officer or employee thereof, responsible for damages to persons or property by reason of review or nonreview, certification or inspection or noninspection of any operations, equipment or property as herein authorized.
(F) Failure to comply with the conditions of approval of the surface mine special use approval or any other associated permit or standard may result in revocation of approval for operation of the surface mine.
C. Race Facilities. These approval criteria apply to outdoor race facilities, which shall be allowed only as a special use permit in all zones.
1. For purposes of this section, “race facilities” shall include any private location, course or track intended for periodic or seasonal motor sports and recreational use, including competitive racing, vehicle testing and driving skills activities with motorized vehicles, off-road vehicles and motorcycles, and including but not limited to: race tracks, speedways, drift tracks, drag strips, kart tracks, and motocross tracks, and shall include the entire area of the parcel of land and approved perimeter buffer areas posted or designated for such use, and including all improvements normally associated with such facilities such as parking (including RV parking), bleachers, stages, information and registration structures, loading or unloading areas, viewing areas, campgrounds, picnic areas and shelters, refuse collection areas, restroom facilities, signage, lighting, caretaker housing, administrative structures and maintenance storage areas, and incidental accessory features such as fencing, potable water sources, portable sanitation facilities, and admission or ticket booths. As used herein, competitive racing events, recreation or driving skills shall mean that the facility serves more than an immediate family living on the site, and their occasional guests.
2. Development site review conditions shall address:
a. On-site vehicle circulation and off-site traffic control measures;
b. Compliance with building and health codes;
c. Protection for critical areas;
d. Stormwater flow control and water quality treatment;
e. Visual screening from adjoining residential properties;
f. On-going monitoring and reporting to measure compliance with the development and operating agreements;
g. Fire protection;
h. Potable water supply and sanitary disposal;
i. Any other impacts or potential impacts addressed during SEPA or that are related to the specific site being developed, including impacts to or from: historic and cultural resources, fish and wildlife, dust, erosion, noise and/or vibration, or any other elements of the natural or built environment, and operations of the proposed facility.
3. Development operating conditions shall address:
a. Days and hours of operation;
b. Frequency and nature of general usage and scheduled events;
c. Use activities, including types and numbers of motor vehicles;
d. On-site and off-site lighting, dust, smoke, particulates, and odor; and
e. Maximum noise levels. [Ord. 21-0361 § 1, 5-4-21; Ord. 20-003 § 1, 1-23-20; Ord. 19-018 § 1, 2-26-19; Ord. 18-042 § 1, 6-12-18.]
18.01.105 Violations – Penalties.
Violations of this chapter are subject to the provisions of Chapter 2.06 CCC, and this chapter shall be considered a land use ordinance under CCC 2.06.030. Payment of any penalty imposed for a violation does not relieve a person from the duty to comply with this chapter. [Ord. 20-003 § 1, 1-23-20; Ord. 19-018 § 2, 2-26-19.]
18.01.110 Expansion of nonconforming use.
A. For purposes of CCC 18.02.090(B) and this chapter, a pre-existing, lawful use, structure or facility which is nonconforming with the standards under this chapter may be continued and maintained, provided it is not enlarged, expanded, extended, replaced or altered in any way which increases its nonconformity unless a special use permit is granted by the Hearing Examiner under Chapter 2.05 CCC, CCC 18.10.280 to 18.10.295, and Chapter 19.11 CCC, SEPA. Any enlargement, expansion, extension, replacement or alteration of nonconforming uses, nonconforming facilities or nonconforming structures shall be required to comply with the special use provisions of this chapter; provided, that portions of nonconforming structures that legally existed prior to adoption of this section shall not be subject to such provisions, except as expressly required by fire or building or health related state standards.
1. Normal maintenance of existing nonconforming structures, improvements or facilities includes those usual acts to prevent a decline or lapse, or cessation from a lawfully established condition. Examples of normal maintenance shall be painting, reroofing and similar remedial actions to maintain safe building requirements under the state building code. Normal reconstruction or rebuilding means to restore a structure, improvement or facility to a state comparable to its original condition prior to damage from natural causes which did not exceed 50 percent of the replacement costs thereof.
2. Enlargement, expansion, extension, replacement or alteration of a nonconforming use or structure which is necessary to accommodate handicapped accessibility requirements, fire code, or other life safety-related code requirements is allowed outright when said modification is expressly mandated by local, state, or federal standards. [Ord. 20-003 § 1, 1-23-20; Ord. 18-042 § 1, 6-12-18.]
Code reviser’s note: Ord. 21-036, interim official controls related to mining, has been extended by Ords. 21-047, 22-062 and 23-036, with Ord. 23-036 extending the provisions until June 6, 2024.