Chapter 18.10 LAND USE ORDINANCE

Cross-references:
RCW 36.70.550 – 36.70.800: Zoning controls.
Chapter 2.40 CCC: Department of Building and Planning to administer planning, building, permit coordination.

GENERAL PROVISIONS

18.10.010 Title.

This chapter shall be known and may be cited as the “Cowlitz County Zoning Code.” [Ord. 5848, § 2, 7-31-78; Ord. 4107, § 1.01, 4-14-75.]

This chapter is adopted as an official land use control for the unincorporated areas of County of Cowlitz, State of Washington, and is established to serve the public, health, safety and general welfare and to provide the economic, social and aesthetic advantages resulting from an orderly planned use of land resources and is a means of carrying out the general purposes set forth and defined in the adopted Comprehensive Plan of Cowlitz County as provided for by Chapter 36.70 RCW. The basic purpose of this chapter is to classify uses and to regulate the location of uses which are mutually compatible, and to protect each such group of uses from the intrusion of incompatible uses. To further accomplish the goal of compatibility, varying degrees of regulations are established for certain uses specified herein. A further purpose of this chapter is to provide a suitable environment for living, business and industry, and to maintain reasonable population densities and reasonable intensities of land use, all for the general purpose of conserving the quality of the environment, public health, safety, convenience and general welfare. Land uses and development located within the unzoned areas (U) of the unincorporated portions of the county shall be governed by the relevant development guidelines and the goals and policies of the Comprehensive Plan land use category for the parcel on which the use or development is proposed. [Ord. 24-042 § 1, 5-14-24; Ord. 4107, § 1.02, 4-14-75.]

18.10.030 Scope and content.

This chapter shall consist of the text hereof and in addition thereto land use maps identified by the appropriate signature of the Chairman of the Board of County Commissioners and marked and designated as the official maps of the Land Use Ordinance of Cowlitz County, which are filed in the office of the Auditor of Cowlitz County, Washington. Said chapter and each and all of its terms are to be read and interpreted in the light of the commitments of said maps. For the purposes of administration and enforcement, the land use maps in the Public Works Department shall be considered as official land use maps. Any and all amendments of the official land use map shall also be made on the land use maps in said Department at the time the amendment is filed with the County Auditor. If any conflict of maps and the text should arise, the maps of the chapter shall prevail. [Ord. 4107, § 1.03, 4-14-75.]

DEFINITIONS

18.10.040 Definitions.

For the purpose of this chapter certain terms or words herein shall be interpreted as follows; except where specifically defined in this chapter all words used in this chapter shall carry the customary meanings:

“Accessory” means a use, building or structure which is subordinate to and the use of which is incidental to that of the main activity, structure, building or use on the same lot or parcel. If an accessory use is attached to the main building by a common wall or roof, such accessory building shall be considered a main part of the main building.

“Accessory dwelling unit” or “ADU” means a smaller (subordinate in size), attached or detached second dwelling, which is similar in appearance to the primary single-family dwelling. An accessory dwelling is not considered a temporary dwelling approved under the provisions of CCC 18.10.585(A)(13).

“Agriculture use” means land that is primarily used for the purpose of growing crops and/or raising of livestock including all accessory structures and improvements necessary to further these activities.

“Airport” means the Southwest Washington Regional Airport and/or the Woodland State Airport.

“Airport approach zone” shall mean the land beneath the approach surface, excluding the runway protection zone.

“Airport elevation” means the highest point of an airport’s usable landing area measured in feet above sea level.

“Airport overlay district” includes all land area within the imaginary surfaces as defined in this section.

“Alley” means a passage or way less than 21 feet wide, open to public travel and dedicated to public use, affording generally a secondary means of vehicular access to abutting lots and not intended for general traffic circulation.

“Approach surface” means an imaginary surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface at a slope of 50:1 for a horizontal distance of 2,566 feet and at a slope of 34:1 for an additional 47,434 feet. An approach surface is applied to each end of the runway based upon the planned approach. The inner edge of the approach surface is the same width as primary surface and expands uniformly to a width of 4,400 feet at a distance of 50,200 feet from the threshold.

“Battery charging station” means a public or private electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by Chapter 19.27 RCW, as amended, and consistent with rules adopted under RCW 19.27.540, as amended.

“Battery exchange station” means a public or private fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes and regulations set forth by Chapter 19.27 RCW, as amended, and consistent with rules adopted under RCW 19.27.540.

“Building” means any structure used or intended for supporting or sheltering any use for occupancy.

“Charging levels” means the standardized indicators of electrical force, or voltage, at which an electric vehicle’s battery is recharged. Levels 1, 2, and 3 are the most common electric vehicle charging levels, and include the following specifications:

1. Level 1 is considered slow charging, typically requiring a 15- or 20-amp breaker on a 120-volt AC circuit and standard outlet.

2. Level 2 is considered medium charging, typically requiring a 40-amp to 100-amp breaker on a 240-volt AC circuit.

3. Level 3 is considered fast or rapid charging, typically requiring a 60-amp or higher dedicated breaker on a 480-volt or higher three-phase circuit with special grounding equipment. Level 3 charging uses an off-board charger to provide the AC to DC conversion, delivering DC directly to the car battery.

“Church” means an establishment, the principal purpose of which is religious worship and for which the principal building or other structures contains the principal place of worship and including accessory uses in the main building or in separate buildings or structures including Sunday school rooms and religious education classrooms, assembly rooms, kitchen, library room or reading room, recreation hall, and may include residences on site for nuns and clergy but shall exclude facilities for training of religious orders.

“Commercial feed lot” means a pen, corral, holding area or series of same where cattle or other large livestock are fed and maintained for imminent transport to market or slaughter; provided pastures, queuing areas for dairy cattle, and winter or seasonal feeding areas for beef cattle, dairy cattle or other large livestock shall not be considered commercial feed lots.

“Commercial use” means an activity which serves all or a portion of the public with the objective of earning a profit for the owners of the activity. This definition excludes industrial uses.

Commission. Whenever the term “Commission” is used in this chapter it shall mean the Cowlitz County Planning Commission.

“Conforming use” means an activity or use, the nature and type of which is permitted in a land use district pursuant to this chapter.

“Conical surface” means an imaginary surface extending outward and upward from the periphery of the horizontal surface at a slope of 20:1 for a horizontal distance of 4,000 feet.

“Department” means the Department of Building and Planning of Cowlitz County.

“Development” means any human-made change to improved or unimproved real property, including but not limited to construction or placement of any building, structure, dam, wall, bridge, wharf, embankment, levee, dike, road, pile, abutment, excavation, sign, short subdivision, subdivision, culvert, fill, earth movement or removal, mining, storage of flammables, explosives or other hazardous material, or other similar development attached to or occurring upon real property. The term “development” is synonymous with the term “use.”

“Director” means the Director of the Cowlitz County Building and Planning Department. The term includes Planning Director, and may include any person designated by the Director to administer the provisions of this chapter.

“District” means an area specifically defined as to boundaries and location and classified by this chapter for certain types of uses and excluding other types of uses subject to approval of special use pursuant to this chapter.

“Dwelling” means a building or portion thereof designed exclusively for residential purposes including one-family, two-family and multiple-family dwellings but not including hotels, boarding houses or motel units. Such building includes a kitchen and plumbing facilities.

“Electric vehicle” means any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on board for motive purposes. “Electric vehicle” includes the following:

1. “Battery electric vehicle (BEV)” means any vehicle that operates exclusively on electrical energy from an off-board source that is stored in the vehicle’s batteries; and produces zero tailpipe emissions or pollution when stationary or operating.

2. “Plug-in hybrid electric vehicle (PHEV)” means an electric vehicle that (a) contains an internal combustion engine and also allows power to be delivered to drive wheels by an electric motor; (b) charges its battery primarily by connecting to the grid or other off-board electrical source; (c) may additionally be able to sustain battery charge using an on-board internal-combustion-driven generator; and (d) has the ability to travel powered by electricity.

3. “Neighborhood electric vehicle” means a self-propelled, electrically powered four-wheeled motor vehicle whose speed attainable in one mile is more than 20 miles per hour and not more than 25 miles per hour and conforms to federal regulations under 49 CFR 571.500.

4. “Medium-speed electric vehicle” means a self-propelled, electrically powered four-wheeled motor vehicle equipped with a roll cage or crush-proof body design, whose speed attainable in one mile is more than 25 miles per hour but not more than 35 miles per hour and otherwise meets or exceeds the federal regulations set forth in 49 CFR 571.500.

“Electric vehicle charging station” means a public or private parking space located together with a battery charging station which permits the transfer of electric energy (by conductive or inductive means) to a battery or other storage device in an electric vehicle.

“Electric vehicle infrastructure” means public or private structures, machinery, and equipment necessary and integral to support an electric vehicle.

“Explosive materials” means explosives, blasting agents and detonators including but not limited to dynamite and other high explosives; slurries, emulsions and water gels; black powder and pellet powder; initiating explosives; detonators or blasting caps; safety fuses; squibs; detonating cord; igniter cord, igniters and Class B special fireworks, as defined in the Uniform Fire Code.

“Federal Aviation Administration or FAA” shall mean the branch of the U.S. Department of Transportation responsible for the regulation of all civil aviation activities.

“Flammable solid” means a solid substance, other than one which is defined as a blasting agent or explosive, that is liable to cause fire through friction or as a result of retained heat from manufacture, which has an ignition temperature below 212 degrees Fahrenheit, or which burns so vigorously or persistently when ignited that it creates a serious hazard. Flammable solids include finely divided materials which when dispersed in air as a cloud may be ignited and cause an explosion.

“Forestry industries use” means an activity or use on a tract or parcel of land that involves the growing and harvesting of trees including accessory structures and improvements normally associated with timber production such as storage buildings, loading docks, railroad and associated bridges, labor camps and roads necessary to provide access to harvest timber. This definition does not include processing of timber into finished or semi-finished products.

“Form 7460-1” means FAA Form 7460-1 Notice of Proposed Construction or Alteration, or as hereafter amended.

“Front lot line” means the property line abutting a road. For corner lots on major and minor collector roads, collectors, arterials or principal arterials, the front lot line shall be the local access road whenever possible. Where a lot line abutting a road is curved, the front lot line is the chord or straight line connecting the ends of the curb. For a flag lot, the front lot line is the line adjoining the pole portion of the lot, excluding the pole area.

“Front yard” means an open space that is located between the front lot line and the structure that includes the primary use of the land or parcel involved and that such space is unoccupied and unobstructed.

“Hazard to air navigation” means an obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

Hazardous Waste.

1. “Hazardous waste treatment and storage facility” means a location at which hazardous waste is treated and/or stored.

2. Hazardous waste treatment and storage facilities are categorized as “on-site,” “off-site,” or both.

a. An “on-site” facility is one that treats and stores hazardous waste generated on the same, geographically contiguous, or bordering property.

b. An “off-site” facility is one that treats and stores hazardous waste generated on any property other than that on which the facility is located.

3. “Hazardous waste” has the same meaning as defined in Chapter 70.105 RCW and the regulations thereunder, as now or hereafter amended.

4. “Treatment” means the physical, chemical, or biological processing of hazardous waste to make such waste nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume.

5. “Storage” means the holding of hazardous waste for a temporary period. Accumulation of hazardous waste, by the generator on the site of generation, is not storage as long as the generator complies with the applicable requirements of WAC 173-303-200 and 173-303-201, as now or hereafter amended.

6. “State siting criteria” means the criteria currently or hereafter developed by the Washington State Department of Ecology under the authority of RCW 70.105.210 for the siting of hazardous waste management facilities.

“Hearing Examiner” means the Hearing Examiner of Cowlitz County.

“Horizontal surface” means a horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs with a radius of 5,000 feet for all runways designed as utility or general; and 10,000 feet from all other runways from the center of each end of the primary surface and connecting the adjacent arc by tangent lines.

Lot. A “lot” is a parcel of land the boundaries of which are as described in the records of the Cowlitz County Auditor.

“Lot area” means the computed area contained within the lot lines, exclusive of public road rights-of-way or easements.

“Lot line” means any line bounding a lot as defined in this chapter.

“Lot width” means the horizontal distance between opposite side lot lines as measured at the front building setback line.

“Mobile home” means a factory-assembled structure or structures constructed so as to be readily movable as a dwelling unit on its own running gear and designed to be used as a dwelling without a permanent foundation.

“Mobile home park” means a plot of ground under the ownership or management of one or more persons which is primarily utilized as the location for two or more mobile homes for living or sleeping purposes.

“Multiple-family dwellings” means a building or portion thereof designed for occupancy by two or more families living independently of each other with each unit containing cooking facilities and plumbing facilities. “Multiple-family dwelling” includes: duplex, triplex, four-plex, apartment house dwellings and flats designed for occupancy on a permanent basis as distinguished from a transient basis.

Nonconforming Preexisting Structure. For the purposes of this chapter, “nonconforming preexisting structure” means a building or structure or portion thereof which was lawfully erected or altered and maintained but which because of the application of this chapter no longer conforms to the regulations of the district in which it is located as defined and regulated under Chapter 18.02 CCC.

Non-nuisance Light Industrial Use. For the purposes of this chapter, a “non-nuisance light industrial use” shall be one that has minimal adverse impacts on such environmental qualities as air, noise, odor, aesthetics, and other elements of the environment. Light industry includes activities such as processing, fabrication, storage and wholesale trade. Generally, these activities require reasonable accessibility to the highway network and/or a rail system.

“Obstruction to navigation” means any penetration of an imaginary surface defined in this section.

“Occupancy” means the purpose for which a building or a part thereof is used or intended to be used.

“Person” means individual, firm, association, co-partnership, political subdivision, government agency, municipal industry, public or private corporation, or any other human entity whatsoever.

“Primary surface” means a surface longitudinally centered on the runway, extending 200 feet beyond each end of the runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

“Rear lot line” means the lot line opposite the front lot line.

“Rear yard” means an open space on a lot located between the rear lot line and the structure containing the primary use contained on the lot and such space is unoccupied and unobstructed.

“Road” means a dedicated or publicly maintained road or road right-of-way; or a private road right-of-way or easement providing access to three or more lots or dwellings.

“Runway” means a defined area on an airport prepared for landing and take-off of aircraft along its length.

“Runway protection zone” is that ground area under the approach surface which extends from the primary surface to a point where the approach surface is 50 feet above the ground.

“Setback” means the required open space located on the lot between the lot lines and the structure including the primary use on said lot as required by this chapter and such space is unoccupied and unobstructed.

“Side lot line” means any lot line which is not a front lot line or a rear lot line.

“Side yard” means an open space on a lot located between the structure that includes the primary use on the lot and the side lot line and such space is unoccupied or unobstructed.

“Sign” means any structure or device that attracts the attention of, or communicates information to, persons not on the premises on which the structure or device is located. The term also includes the following:

1. Freestanding Sign. A sign that is attached to some structure (such as a pole, mast, frame or other structure) that is not itself an integral part of or attached to a building or other structure. A sign that stands without support elements, such as a sandwich sign, is also a freestanding sign. If the message is removed from a structure that was originally designed and used as a freestanding sign, this structure shall still be considered a sign.

2. Off-Premises Sign. A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction or other enterprise or activity that exists or is conducted, sold, offered, maintained or provided at a location other than the premises on which the sign is located.

3. On-Premises Sign. A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction or other enterprise or activity that exists or is conducted, sold, offered, maintained or provided on the premises where the sign is located.

4. Projecting Sign. A sign that is attached to and hangs outward from a building.

“Single-family dwellings” are one-family dwellings located in a detached building designed exclusively for occupancy by one family.

Special Use. A “special use” is any works, structure, or activity that is not explicitly permitted in a specific land use district pursuant to this chapter, but may be permitted pursuant to obtaining approval of the Hearing Examiner as specified in this chapter.

Special Use Permit. A “special use permit” is the issuance of special use approval by the Hearing Examiner and such approval may contain certain conditions that assure that the use will conform to the County Comprehensive Plan and this chapter.

Stable.

1. A “private stable” means an accessory building for the keeping of horses or other livestock owned by the occupants of the premises and not kept for remuneration.

2. A “public stable” means a building in which horses or other livestock are kept for remuneration, including facilities for saddle and riding clubs, and training or exhibition facilities.

“Structure” means an object (including a mobile object) constructed or installed by persons, including, but without limitation, buildings, towers, cranes, smokestacks, earth formations, and overhead transmission lines.

Substantial Progress. For the purpose of this chapter, “substantial progress” means a development approved pursuant to this regulation in which 25 percent or more of the development has been completed during the initial approval period.

“Surface mine” means an operation required for extraction of minerals from the earth including mining by open-pit method and extraction of rock or minerals near the surface. The terms “surface mining” and “excavation” shall have the same meaning. The terms shall also include extraction of placed dredge spoils. Notwithstanding any other provision of this chapter, surface mines shall be a permitted use solely pursuant to a special use permit issued pursuant to CCC 18.10.280 through 18.10.315, and subject to administrative guidelines and standards adopted by resolution of the Board of County Commissioners.

“Transitional surface” means that imaginary surface that extends outward and upward at right angles to the runway centerline and extended runway centerline at a slope of 7:1 from the sides of the primary surface and from the sides of the approach surfaces. The surface width is 600 feet at the beginning and increases uniformly to a width of 6,376 feet at a distance of 52,000 feet from the threshold. Transitional surfaces for those portions of a precision approach surface which project through and beyond the limits of the conical surface extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at right angles to the runway centerline.

“Tree” means any object of natural growth.

“Variance” means a modification of specific regulations in accordance with the terms of this title for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone and/or Comprehensive Plan classification. Except as set forth or referenced herein, variances do not apply to use, or required density, or required design standards. [Ord. 22-078 § 4, 8-16-22; Ord. 16-167 § 2(a), 12-13-16; Ord. 16-128 § 1, 10-11-16; Ord. 15-030 § 1, 3-10-15; Ord. 14-053 § 1 (Exh. A), 6-10-14; Ord. 10-048 § 1, 4-20-10; Ord. 02-044, §§ 1, 2, 2-26-02; Ord. 95-193, § 1, 12-4-95; Ord. 95-166, § 1, 11-6-95; Ord. 94-005 §§ 1 – 5, 7 – 16, 1-3-94; Ord. 88-102, § 2, 6-27-88; Ord. 80-322, § 1, 9-22-80; Ord. 80-196, § 1, 6-23-80; Ord. 4107, §§ 2.01, 2.01.01 – 2.01.07, 2.01.09 – 2.01.11, 2.01.18 – 2.01.33, 4-14-75. Formerly 18.10.040 – 18.10.106.]

LAND USE DISTRICT BOUNDARIES – MAP

18.10.120 Land use districts – Establishment.

In order to accomplish the purpose of this chapter, land use districts are hereby established as set forth in Article IV* and regulations are set forth herein defining permitted land use activities, densities, and development performance standards. Those permitted uses specified in each of the above articles* are exclusive excepting special uses approved pursuant to CCC 18.10.280 through 18.10.315. [Ord. 4107, § 3.01, 4-14-75.]

*Codifier’s note: “Article IV” is codified herein as CCC 18.10.150 – 18.10.275. “Each of the above articles” apparently refers to the various sections of Article IV.

18.10.130 Boundaries.

Where uncertainty exists as to the boundaries of any district shown upon the land use map or any part or unit thereof, the following rules shall apply.

A. Where such boundaries are indicated as approximately following the centerline of streets or alleys or lot lines, such lines shall be construed to be such boundaries.

B. In the case of unsubdivided property, and where a district boundary divides such property, the location of such boundaries, unless the same are indicated by dimensions, shall be determined by use of the scale appearing on said land use map.

C. Where a public street or alley is officially vacated or abandoned, the area comprising such vacated street or alley shall acquire the classification of the property to which it reverts.

D. Where a lot subdivided and recorded subsequent to the land use of the area in which it is located becomes so placed that it is unequally bisected longitudinally by the boundary lines of different land use districts, the district boundary shall be considered as following the lot lines of the lot in such manner as to place the lot wholly in that land use classification or area district which applies to the major portion of the lot.

E. Where a lot is equally bisected longitudinally by a land use district boundary line, the total lot shall acquire the most restrictive use classification and the highest area requirement of the two land use classifications or districts involved.

F. Where a lot is bisected by the boundary line between two land use districts and such boundary line parallels the street on which such lot fronts, the total area of such bisected lot shall acquire the same use classification or area district requirement as the front portion of the lot. These provisions shall not apply to through lots.

G. Where property abuts a non-navigable body of water, the use classification shall extend to the center of such body of water, and where property abuts a navigable body of water, the use classification shall extend to the line of ordinary high water mark. [Ord. 4107, § 3.02, 4-14-75.]

18.10.140 Land use district map.

The location and boundaries of the various land use districts are as specified on the electronic version prepared by Parametrix, Inc. on September 19, 2018, as amended. [Ord. 18-096 § 1, 10-23-18; Ord. 4107, § 3.03, 4-14-75. Amendments, see following note.]

Codifier’s note: The following ordinances have enacted amendments to the official land use map: Ord. 18-096; Ord. 10-074, June 2010; Ord. 09-104, 6-30-09; Ord. 08-100, 8-19-08; Ord. 08-065, 5-20-08; Ord. 07-172, 11-20-07; Ord. 07-050, 3-27-07; Ord. 06-131, 9-26-06; Ord. 06-094, 7-27-06; Ord. 06-054, 5-2-06; Ord. 05-091, 7-12-05; Ord. 04-183, 8-31-04; Ord. 03-122, 8-19-03; Ord. 02-196, 11-19-02; Ord. 02-116, 7-16-02; Ord. 01-132, 8-21-01; Ord. 01-064, 4-9-01; Ord. 01-015, 1-29-01; Ord. 00-036, 4-24-00; Ord. 00-018, 2-28-00; Ord. 99-101, 6-21-99; Ord. 99-068, 4-19-99; Ord. 99-020, 2-1-99; Ord. 99-019, 2-1-99; Ord. 98-192, 11-16-98; Ord. 98-114, 7-20-98; Ord. 98-031, 2-23-98; Ord. 98-030, 2-23-98; Ord. 97-196, 10-13-97; Ord. 97-195, 10-13-97; Ord. 97-185, 9-29-97; Ord. 97-161, 8-25-97; Ord. 97-102, 5-27-97; Ord. 96-220, 12-23-96; Ord. 95-175, 11-13-95; Ord. 95-174, 11-13-95; Ord. 94-005, 1-3-94; Ord. 93-072, 5-3-93; Ord. 93-054, 4-5-93; Ord. 92-173, 10-26-92; Ord. 92-139, 9-14-92; Ord. 92-110, 8-3-92; Ord. 92-014, 2-3-92; Ord. 91-200, 12-23-91; Ord. 91-179, 11-25-91; Ord. 91-102, 7-22-91; Ord. 90-205, 12-3-90; Ord. 88-057, 5-2-88; Ord. 87-135, 7-6-87; Ord. 87-097, 5-26-87; Ord. 87-013, 1-26-87; Ord. 87-012, 1-26-87; Ord. 86-199, 10-27-86; Ord. 85-232, 11-18-85; Ord. 84-102, 4-23-84; Ord. 84-066, 3-12-84; Ord. 83-060, 3-7-83; Ord. 83-055, 2-28-83; Ord. 82-245, 8-30-82; Ord. 82-152, 6-7-82; Ord. 82-112, 5-10-82; Ord. 82-023, 1-25-82; Ord. 81-777, 10-12-81; Ord. 81-724, 9-8-81; Ord. 81-696, § 2, 8-10-81; Ord. 81-662, § 2, 7-6-81; Ord. 81-623, §§ 9, 10, 4-20-81; Ord. 81-592, § 2, 5-18-81; Ord. 81-588, § 2, 5-18-81; Ord. 80-197, § 2, 6-23-80; Ord. 80-196, § 6, 6-23-80; Ord. 80-123, § 2, 4-21-80; Ord. 80-001, § 5, 1-14-80; Ord. 6362, 10-15-79; Ord. 6150, 4-5-79; Ord. 5845, 7-24-78; Ord. 5060, 1-24-77; Ord. 4830, 9-8-76; Ord. 4821, 8-30-76; Ord. 4638, 3-31-76; Ord. 4508, §§ 3, 4, 12-17-75; Ord. 4207, 7-14-75.

LAND USE DISTRICTS

18.10.150 Rural residential (RR-1) – Permitted uses.

Only the following uses are permitted in this district:

A. Single-family dwellings;

B. Accessory buildings and uses including but not limited to the following:

1. Vehicular garages;

2. Small animals (household pets) not to exceed four in any combination thereof, when kept on the same lot as the resident dwelling of the owner of said animals;

3. Swimming pools and other recreational facilities for the sole use of the occupants of the premises and their guests;

C. Sale of seasonal produce, farms, truck gardening, orchards or nurseries, provided no retail or wholesale business sales office is maintained on the premises, and provided, no poultry or livestock, other than normal household pets, shall be housed within 100 feet of any residence other than the dwelling on the same lot;

D. Timber management practices, including planting and harvesting of timber crops and harvesting of any wild crop such as ferns, bark, cones and berries;

E. Other uses compatible with the residential character of this zone subject to special use permit approval pursuant to CCC 18.10.280 and 18.10.490. [Ord. 80-001, 1-14-80; Ord. 4508, § 1-4.01.01, 12-17-75; Ord. 4107, § 4.01.01, 4-14-75.]

18.10.155 RR-1 – General requirements.

Developments in this district shall comply with the requirements set forth in CCC 18.10.500 through 18.10.580 applicable to this land use district (RR-1). [Ord. 4508, § 1-4.01.02, 12-17-75; Ord. 4107, § 4.01.02, 4-14-75.]

18.10.160 Rural residential (RR-2) – Permitted uses.

Only the following uses are permitted for this district:

A. Any use permitted in the RR-1 district;

B. Other uses compatible with the residential character of this land use district subject to special use permit approval pursuant to CCC 18.10.280 through 18.10.490. [Ord. 4508, § 1-4.02.01, 12-17-75.]

18.10.165 RR-2 – General requirements.

Developments in this district shall comply with the requirements set forth in CCC 18.10.500 through 18.10.580 applicable to this land use district (RR-2).* [Ord. 4508, § 1-4.02.02, 12-17-75.]

*Codifier’s note: Original has “(RR-1)”, apparently a typographical error.

18.10.167 Rural residential-5 (RR-5) – Permitted uses.

Only the following uses are permitted in this district:

A. Single-family dwellings;

B. Accessory buildings and uses including, but not limited to the following:

1. Vehicular garages;

2. Small animals (household pets) not to exceed six in any combination thereof, when kept on the same lot as the resident dwelling of the owner of said animal;

3. Swimming pools and other recreational facilities for the sole use of the occupants of the premises, and their guests;

4. Sale of seasonal produce, farms, truck gardening, orchards or nurseries, provided no retail or wholesale business sales office is maintained on the premises and provided no poultry or livestock, other than normal household pets, shall be housed within 100 feet of any residence other than the dwelling on the same lot;

5. Timber management practices, including planting and harvesting of timber crops and harvesting of any wild crop such as ferns, bark, cones and berries;

6. Other uses compatible with the residential character of this zone subject to special use permit approval pursuant to CCC 18.10.280 through 18.10.490. [Ord. 80-001, § 4, 1-14-80.]

18.10.168 RR-5 – General requirements.

Developments in this district shall comply with the requirements set forth in CCC 18.10.500 through 18.10.580 applicable to this zone (RR-5). [Ord. 80-001, § 5, 1-14-80.]

18.10.170 Suburban residential (SR) – Permitted uses.

Only the following uses are permitted in this district.

A. Any use permitted in the R-R* district.

*Codifier’s note: Thus in original. “R-R” was the abbreviation for the “Rural Residential” land use district as established by Ord. 4107, prior to the amendments of Ord. 4508 which replaced “R-R” with “RR-1” and “RR-2”.

**Codifier’s note: The section numbers in the history note refer to the original form of Ord. 4107. The copies of the Land Use Ordinance distributed by the Department of Community Development, which include the amendments of Ord. 4508, have renumbered the remaining sections of Article IV (CCC 18.10.170 – 18.10.275), so that the section numbers therein are one greater in the third digit than the original numbers noted here.

18.10.175 SR – General requirements.

All development in this district shall conform to the requirements specified in CCC 18.10.500 through 18.10.580 applicable to this land use district (SR).

18.10.180 Urban residential (UR) – Permitted uses.

Only the following uses are permitted in this district:

A. Any use permitted in the R-R* district;

B. Multiple-family dwellings, up to three total dwellings per lot, attached or detached;

C. Other uses compatible with the residential character of this land use district subject to special use permit approval pursuant to CCC 18.10.280 through 18.10.490. [Ord. 22-078, § 2, 8-16-22.]

*Codifier’s note: See first note following CCC 18.10.170.

18.10.185 UR – General requirements.

All development in this district shall conform to the requirements specified in CCC 18.10.500 through 18.10.580 applicable to this land use district (UR). [Ord. 4107, § 4.03.02, 4-14-75.]

18.10.190 Multiple-family (MF) – Permitted uses.

Only the following uses are permitted in the multiple-family land use district (MF):

A. Any permitted use in the UR land use district;

B. Multiple-family dwellings;

C. Other uses compatible with the character of this land use district subject to special use permit approval pursuant to CCC 18.10.280 through 18.10.490. [Ord. 4107, § 4.04.01, 4-14-75.]

18.10.195 MF – General requirements.

All development in this district shall conform to the requirements specified in CCC 18.10.500 through 18.10.580 applicable to this land use district. [Ord. 4107, § 4.04.02, 4-14-75.]

18.10.200 Neighborhood commercial (C-1) – Purpose.

The purpose of this classification is to provide for the location and grouping of retail activities and services which will serve the daily needs of the neighborhoods in the general area. [Ord. 4107, § 4.05.01, 4-14-75.]

18.10.205 C-1 – Permitted uses.

The following are the permitted uses in the neighborhood commercial (C-1) zone district:

A. Neighborhood food stores and convenience markets, not exceeding 5,000 square feet in total area;

B. Self-service laundries;

C. Gasoline service stations;

D. Barber and beauty shops;

E. Caretaker’s apartment as an accessory to a permitted use, provided the apartment is within or attached to a structure occupied by the permitted use, and provided the apartment is occupied by the owner or his employee for the purpose of caring for, watching, or guarding the property. The apartment shall not be rented or occupied by any person not employed in the main business occupying the property, except that the caretaker’s family may also occupy the apartment;

F. Other uses accessory to a permitted use, including but not limited to employee and off-street parking, and utilities. [Ord. 88-102, § 3, 6-27-88; Ord. 82-194, § 1, 7-19-82.]

18.10.207 C-1 – Special uses.

The following uses may be permitted in a C-1 district upon obtaining a special use permit pursuant to the provisions of CCC 18.10.280 through 18.10.490, or as hereafter amended:

A. Churches, public or private schools, community halls, parks, and recreation facilities;

B. Professional services;

C. Day-care establishments providing services for six or more children;

D. Other uses compatible with the character of the land use district in which they propose to locate. [Ord. 82-194, § 2, 7-19-82.]

18.10.210 C-1 – General requirements.

All uses in the C-1 district shall comply with the applicable standards and requirements set forth in CCC 18.10.500 through 18.10.580. [Ord. 82-194, § 3, 7-19-82.]

18.10.215 Urban commercial (C-2) – Purpose.

The purpose of this classification is to provide for the location and grouping of retail activities which serve the needs of the county and traveling public. [Ord. 4107, § 4.06.01, 4-14-75.]

18.10.220 C-2 – Permitted uses.

The following uses are the permitted uses in the urban commercial (C-2) zone district:

A. Any use permitted in the C-1 zone district;

B. Apartments above the first floor of a commercial building;

C. Automobile repair, where conducted entirely within a building;

D. Storage or sales of automobiles in good operating condition;

E. Printing and newspaper establishments;

F. Bakeries, including a retail shop or office in connection therewith;

G. Retail stores of all descriptions where the merchandise is arranged and sales concluded within a building;

H. Shops for the repair or servicing of household appliances and personal equipment, where the repair and servicing are conducted entirely within a building;

I. Taverns, restaurants, lounges, and other establishments serving food and/or beverages;

J. Hospitals, medical clinics, homes for aged or children, except none of the foregoing shall be used for the purpose of corrections;

K. Lawful commercial amusement facilities, including but not limited to theaters, dancehalls, skating rinks, swimming pools, and bowling alleys;

L. Mortuaries;

M. Bus terminals and stations;

N. Commercial off-street parking lots and garages;

O. Hotels and motels;

P. Laundries and dry-cleaning establishments;

Q. Food stores, supermarkets, and drugstores;

R. Gift, curio, novelty, and variety stores;

S. Small animal and veterinary clinics, except kennels or open runs;

T. Business, financial, and professional services;

U. On-site hazardous waste treatment and storage facilities; provided: (1) such facilities are accessory to and clearly subordinate to another permitted use; (2) such facilities comply with the state siting criteria; and (3) such facilities are developed and operated in compliance with all applicable federal and state laws and regulations, including but not limited to Chapter 70.105 RCW and the regulations thereunder, as now or hereafter amended. [Ord. 88-102, § 4, 6-27-88; Ord. 82-194, § 4, 7-19-82.]

18.10.222 C-2 – Special uses.

The following uses may be permitted in a C-2 district upon obtaining a special use permit pursuant to the provisions set forth in CCC 18.10.280 through 18.10.490, or as hereafter amended.

A. Public or private schools;

B. Churches, community halls;

C. Parks, recreation facilities;

D. Other uses compatible with the character of the district in which they propose to locate. [Ord. 82-194, § 5, 7-19-82.]

18.10.225 C-2 – General requirements.

All uses in the C-2 district shall comply with the applicable standards and requirements set forth in CCC 18.10.500 through 18.10.580. [Ord. 82-194, § 6, 7-19-82.]

18.10.230 Light manufacturing (ML) district – Purpose.

The purpose of this zoning classification is to allow light industrial uses or structures where the primary use involves fabrication, manufacturing, assembly, processing and distribution of predominately prefabricated materials. Such uses are expected to be non-nuisance industries. Light industries are expected to refrain from activities that generate environmental pollutants such as noise, smoke, dust, odors, toxic gases, vibration, glare and heat. [Ord. 94-005, § 17, 1-3-94.]

18.10.231 ML – Permitted uses.

The following are the permitted uses in a light manufacturing (ML) zone district:

A. Any use permitted in the C-1 and C-2 districts except single-family dwellings, multiple-family dwellings, apartment houses, hotels, motels, rooming houses, provided, a caretaker’s apartment shall be allowed as an accessory to a permitted use, so long as the apartment is within or attached to a structure occupied by the permitted use, and so long as the apartment is occupied by the owner or his employee for the purpose of caring for, watching, or guarding the property. The apartment shall not be occupied by any person not employed in the main business occupying the property, except that the caretaker’s family may also occupy the apartment;

B. Auto and truck salvage and wrecking operations provided the operation is approved and licensed pursuant to Chapter 5.05 CCC, or as hereafter amended;

C. Bakeries producing for the wholesale market with retail sales limited to items produced on the premises;

D. Buildings, yards, and developments necessary for the operation of a public utility, but not including thermal power generating facilities;

E. Construction and contracting offices, and equipment and material storage yards;

F. Construction and logging equipment manufacture, sales, repair, and service;

G. Employee cafeterias accessory to a permitted use;

H. Farm and agricultural production, product processing, canning, packaging and distributing, except large animal (sheep, goats, horses, cattle) feedlots and slaughter facilities;

I. Laboratories and research organizations;

J. Light manufacturing and fabrication of previously processed metals and materials;

K. Major automobile and truck repair including painting and body work;

L. Storage and wholesale and retail sales of wood, lumber and building materials;

M. Storage and distribution of petroleum, propane, liquefied gas, coal, and wood as an accessory to a permitted use, so long as all fire and safety specifications are met;

N. Rental and leasing services using extensive outdoor storage and/or warehousing, and primarily serving other permitted uses within the land use district in which they are located;

O. Storage buildings for household goods and property, e.g., mini-storage;

P. Veterinary offices and clinics and hospitals; outside animal runs, dog grooming facilities, kennels or animal boarding establishments;

Q. Warehouses, storage facilities, and distribution centers, including truck terminals and transit storage; provided that docking and loading activities do not use any public street, alley or sidewalk;

R. Nurseries, greenhouses, yard and garden supply outlets;

S. On-site hazardous waste treatment and storage facilities; provided: (1) such facilities are accessory to and clearly subordinate to another permitted use; (2) such facilities comply with the state siting criteria; and (3) such facilities are developed and operated in compliance with all applicable federal and state laws and regulations, including but not limited to Chapter 70.105 RCW and the regulations thereunder, as now or hereafter amended. [Ord. 88-102, § 5, 6-27-88; Ord. 82-181, § 2, 6-28-82.]

18.10.232 ML – Special uses.

The following uses may be permitted in an ML district upon obtaining a special use permit pursuant to the provisions of CCC 18.10.280 through 18.10.490, or as hereafter amended:

A. Churches, community halls, parks, recreation uses;

B. Other uses compatible with the character of the district in which they propose to locate. [Ord. 82-181, § 3, 6-28-82.]

18.10.234 ML – General requirements.

All uses in the ML district shall comply with the applicable standards and requirements set forth in CCC 18.10.500 through 18.10.580. [Ord. 82-181, § 4, 6-28-82.]

18.10.235 Heavy manufacturing (MH) – Purpose.

The purpose of this zoning classification is to allow heavy industrial uses or structures where the primary use involves fabrication, manufacturing, assembly, processing and distribution of raw materials, primarily serving nonlocal wholesale and retail markets. Heavy industrial uses may generate some noise, smoke, dust, odors, toxic gases, vibration, glare, heat and other environmental pollutants in conformance with applicable regulations and must be tolerated, to the benefit of the economy and general welfare of the county. Heavy industrial uses are dependent upon rail, water or arterial access to the interstate highway system. [Ord. 94-005, § 19, 1-3-94.]

18.10.236 MH – Permitted uses.

The following are permitted uses in a heavy manufacturing (MH) zone district:

A. Any use permitted in the ML zone district;

B. On-site and off-site hazardous waste treatment and storage facilities; provided: (1) such facilities are accessory to and clearly subordinate to another permitted use; (2) such facilities comply with the state siting criteria; and (3) such facilities are developed and operated in compliance with all applicable federal and state laws and regulations, including but not limited to Chapter 70.105 RCW and the regulations thereunder, as now or hereafter amended;

C. Special Use. Mining and storage of dredge materials may be permitted by special use permit if found compatible with the character of this zone district, pursuant to CCC 18.10.280 through 18.10.315.

D. All other uses that do not require a special use permit, except single-family dwellings, multiple-family dwellings, apartment houses, hotels, rooming houses, auto courts, motels and mobile home parks, except a caretaker’s apartment or dwelling shall be allowed for any business except a gasoline service station; provided the apartment is within the same structure as the business and is occupied by the owner or his employee whose duty it shall be to care for, watch and guard the property. The apartment or dwelling shall not be rented or occupied by any party not employed in the main business occupying the property. [Ord. 24-042 § 2, 5-14-24; Ord. 88-102, § 6, 6-27-88; Ord. 81-623, § 4, 4-20-81.]

18.10.237 MH – General requirements.

All development in this district shall conform to the standards and requirements set forth in CCC 18.10.500 through 18.10.580. [Ord. 81-623, § 5, 4-20-81.]

18.10.239 MH – Special provisions.

All heavy manufacturing uses shall comply with state and federal pollution abatement standards both prior to commencement of operation, and at all times thereafter. [Ord. 81-623, § 6, 4-20-81.]

18.10.241 Agriculture-industrial (AG-I).

A. Purpose. It is the purpose of this district to protect agricultural uses, while providing for the conversion of land to light industrial uses that support diversification of the county’s industrial base. This can be accomplished by allowing specific light industrial uses as special uses if the site is near other urban development and appropriate infrastructure, if such special use will conform with applicable regulations regarding noise, smoke, dust, odors, toxic gases, vibration, glare and heat, and if such special use will not create an unreasonable risk of fire, explosion or other hazard.

B. Permitted Uses. The following uses and structures are permitted in the AG-I zone district:

1. Agricultural activities: farms, dairies, pastures, apiaries, horticulture, floriculture, animal and poultry husbandry, slaughterhouses, cultivation, management and harvest of any forest crop and private stables;

2. All activities associated with the production of agricultural products, including but not limited to the following:

a. Operation, maintenance, and repair of farm equipment,

b. Disposal and use of manure,

c. Spraying and fertilizing,

d. Preparation of farm products for market,

e. Sale of produce,

f. Storage and transportation of agricultural products;

3. All buildings associated with the production of agricultural products, including but not limited to:

a. Barns, private stables,

b. Storage,

c. Roadside stands for the sale of produce,

d. Nurseries and greenhouses,

e. Buildings for farm produce production, storage and distribution,

f. On-site hazardous waste treatment and storage facilities; provided: (1) such facilities are accessory to and clearly subordinate to a permitted use or special use; (2) such facilities comply with the state siting criteria; and (3) such facilities are developed and operated in compliance with all applicable federal and state laws and regulations, including but not limited to Chapter 70.105 RCW and the regulations thereunder, as now or hereafter amended.

C. Accessory Uses. The following uses are allowed accessory to the above permitted uses:

1. Housing for the property owner’s immediate family members and employees, providing there is no division of land, except as provided in CCC 18.10.547 through 18.10.548, as now enacted or hereafter amended.

D. Special Uses. The following uses are allowed by special use permit, pursuant to CCC 18.10.280 through 18.10.315, if found compatible with the character of this zone district, and are geographically logical, outward expansions of urban development from the Woodland city limits, within the Woodland Urban Growth Management Area. All special uses shall, at a minimum, meet the applicable development standards and performance standards in CCC 18.10.500 through 18.10.729. Additional conditions may be attached to a special use permit when circumstances or characteristics of the proposed use warrant such conditions to make the proposal consistent with the intent of the Comprehensive Plan and this district.

1. Nurseries, greenhouses, yard and garden supply sales;

2. Livestock training, auction, or exhibition facilities;

3. Commercial feedlots;

4. Public stables;

5. Feed and seed stores and other agricultural materials, supplies and machinery sales and service;

6. Equipment assembly, sales, rental, repair and service;

7. Bakeries producing for the wholesale market with retail sales limited to items produced on the premises;

8. Storage buildings and warehouses for consumer goods;

9. Cold and ice storage plants including storage and office within the building;

10. Laboratories and research facilities;

11. Light industrial fabrication; processing, storage and distribution of prefabricated materials. All such uses must comply with applicable federal, state and local regulations, and must not create an unreasonable risk of fire or explosion to adjacent properties. Retail sales must be secondary to the production and wholesale sales of the products and materials;

12. Major automobile, motorcycle and truck repair/auto and truck frame repair and straightening; vehicle painting; and engine, transmission, and suspension repair and rebuilding. Outdoor storage of vehicle shall be behind a sight-obscuring fence, wall or hedge;

13. Construction and contracting offices and equipment and material storage yards;

14. Rental and leasing services requiring extensive outdoor storage and warehousing, and primarily serving other permitted uses within this district;

15. Buildings, yards and development necessary for the operation of a public utility; provided thermal power generating facilities shall not be allowed;

16. Petroleum, propane, liquefied gas, coal, wood and similar bulk fuel storage and distribution facilities;

17. Veterinary offices and clinics including outside animal runs; dog grooming facilities;

18. Employee cafeterias as part of the special use;

19. Other light industrial uses not listed, but having similar characteristics and site requirements;

20. Nonmotorized recreation, educational and scientific projects, road and utility corridors, and other activities authorized by county critical areas regulations where such activities are located to buffer industrial uses and agricultural uses from critical areas and resource lands. [Ord. 94-005, § 22, 1-3-94.]

18.10.245 Agriculture (AG) – Permitted uses.

The following uses are permitted in this zone district:

A. Single-family dwellings and accessory buildings and uses;

B. Agricultural uses including the raising of livestock and accessory buildings and uses;

C. Recreation uses;

D. On-site hazardous waste treatment and storage facilities; provided: (1) such facilities are accessory to and clearly subordinate to another permitted use; (2) such facilities comply with the state siting criteria; and (3) such facilities are developed and operated in compliance with all applicable federal and state laws and regulations, including but not limited to Chapter 70.105 RCW and the regulations thereunder, as now or hereafter amended;

E. Other uses compatible with the character of this zone district, pursuant to CCC 18.10.280 through 18.10.315. [Ord. 88-102, § 8, 6-27-88; Ord. 4107, § 4.08.01, 4-14-75.]

18.10.250 AG – General requirements.

Uses permitted in this district shall comply with the standards set forth in CCC 18.10.500 through 18.10.580 applicable to this land use district. [Ord. 4107, § 4.08.02, 4-14-75.]

18.10.251 Agriculture-38 (AG-38).

A. Purpose. The purpose of the AG-38 district is to protect agricultural uses and agricultural soils, and to provide for long-term agricultural activities with minimal encroachment of nonagricultural uses.

B. Permitted Uses. The following uses are permitted in the AG-38 district:

1. Agricultural activities: farms; dairies; pastures; apiaries; horticulture; floriculture; animal and poultry husbandry; commercial feedlots; slaughterhouses; cultivation, management and harvest of any forest crop; and private stables;

2. All activities associated with the production of agricultural products, including but not limited to the following:

a. Operation, maintenance, and repair of farm equipment;

b. Disposal and use of manure;

c. Spraying and fertilizing;

d. Preparation of farm products for market;

e. Sale of produce;

f. Storage and transportation of agricultural products;

3. All buildings associated with the production of agricultural products including but not limited to:

a. Barns, private stables;

b. Storage;

c. Roadside stands for the sale of produce;

d. Housing for the property owner’s immediate family members and employees, providing there is no division of land, except as provided in CCC 18.10.547 through 18.10.548, as now enacted or hereafter amended;

e. Nurseries and greenhouses;

f. Buildings for farm produce production, storage, and distribution;

g. On-site hazardous waste treatment and storage facilities; provided: (1) such facilities are accessory to and clearly subordinate to a permitted agricultural use, (2) such facilities comply with the state siting criteria, and (3) such facilities are developed and operated in compliance with all applicable federal and state laws and regulations, including but not limited to Chapter 70.105 RCW and the regulation thereunder, as now enacted or hereafter amended.

C. Special Use. The following uses may be permitted by special use permit if found compatible with the character of this zone district, pursuant to CCC 18.10.280 through 18.10.315:

1. Mining and storage of dredge materials;

2. Handling and storage of forest products;

3. Water-oriented outdoor recreational uses;

4. Utility and transportation corridor(s);

5. Public stables;

6. On-site hazardous waste treatment and storage facilities; provided: (a) such facilities are accessory to and clearly subordinate to an approved special use, (b) such facilities comply with the state siting criteria, and (c) such facilities are developed and operated in compliance with all applicable federal and state laws and regulations, including but not limited to Chapter 70.105 RCW and the regulations thereunder, as now or hereafter amended. [Ord. 24-042 § 3, 5-14-24; Ord. 94-005, § 20, 1-3-94.]

18.10.252 AG-38 – General requirements.

Uses in this zone shall comply with the standards set forth in CCC 18.10.500 through 18.10.729. [Ord. 94-005, § 21, 1-3-94; Ord. 80-196, § 4, 6-23-80.]

18.10.255 Forestry-recreation (FR) – Purpose.

The forestry-recreation land use district is intended to provide for the maintenance of a stable commercial forest land base for the development and sustained production of forest products and to protect this resource from the intrusion of incompatible uses. Compatible uses, such as recreation, water use, and wildlife habitat, are also permitted subject to such conditions necessary to eliminate incompatible aspects of such uses. [Ord. 4107, § 4.09.01, 4-14-75.]

18.10.260 FR – Permitted uses.

The following uses are permitted in the FR zone district:

A. All uses permitted in the AG and AG-38 zone districts;

B. Forestry industries;

C. Portable and temporary milling, chipping and barking equipment;

D. Harvesting any wild crop such as ferns, bark, cones and berries;

E. Fish and wildlife management and structures incidental thereto;

F. Sanitary landfills and solid waste transfer facilities;

G. The construction, operation and maintenance of a transportation system for the management and protection of the forest lands and the removal of forest products;

H. Individual recreation uses which may be permitted by the landowner, such as hiking, horseback riding, hunting, fishing, swimming, boating, and camping at undeveloped sites;

I. On-site hazardous waste treatment and storage facilities; provided: (1) such facilities are accessory to and clearly subordinate to another permitted use; (2) such facilities comply with the state siting criteria; and (3) such facilities are developed and operated in compliance with all applicable federal and state laws and regulations, including but not limited to Chapter 70.105 RCW and the regulations thereunder, as now or hereafter amended;

J. Other uses compatible with the character of the zone district, pursuant to CCC 18.10.280 through 18.10.315. [Ord. 24-042 § 4, 5-14-24; Ord. 88-102, § 10, 6-27-88; Ord. 4107, § 4.09.02, 4-14-75.]

18.10.261 FR – Special uses.

Surface mining operations, as defined in Chapter 18.15 CCC, shall be permitted by special use permit pursuant to the procedures of CCC 18.10.280 through 18.10.315 and subject to the special use permit requirements of Chapter 18.15 CCC for surface mining. [Ord. 24-042 § 5, 5-14-24.]

18.10.265 FR – General requirements.

All developments in this land use district shall comply with the requirements set forth in CCC 18.10.500 through 18.10.580 applicable to this land use district. [Ord. 4107, § 4.09.03, 4-14-75.]

18.10.270 Unzoned (U) – Area of application.

Unzoned areas are those areas not precisely zoned by the Official Land Use Map. The areas to which this classification is to be applied are generally those areas of Cowlitz County which have not had extensive urban development and probably will not have any degree of such development in the foreseeable future. [Ord. 15-039 § 1, 3-24-15.]

18.10.275 U – Permitted uses.

A. In the U district all uses which have not been declared a nuisance by statute, resolution, ordinance, or court of competent jurisdiction are permitted.

B. Surface mining operations in the unzoned areas of the county shall require a special use permit as provided in CCC 18.10.280 through 18.10.315 and subject to the review criteria for surface mining special uses in Chapter 18.15 CCC. [Ord. 24-042 § 6, 5-14-24; Ord. 4107, § 4.10.02, 4-14-75.]

SPECIAL USES

18.10.280 Applicability.

A. Any person proposing to develop a land use requiring special or conditional use review, and not otherwise addressed under county code or state regulation, shall apply for and obtain a special use permit prior to beginning development.

B. 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.

C. Uses that require a special use review and are subject to the express standards of this chapter are identified in the land use districts in this chapter, Chapter 18.15 CCC, Surface Mining Special Use, and Chapter 18.17 CCC, Race Facilities Special Use, where applicable. [Ord. 24-042 § 7, 5-14-24; Ord. 16-167 § 2(b), 12-13-16; Ord. 4107, § 5.01.01, 4-14-75.]

18.10.285 Application forms – Information required.

Forms for application of special use permits shall be supplied by the Cowlitz County Department of Building and Planning. Such forms shall require the following information:

A. Signature of applicant;

B. Signature of landowners;

C. Method of supplying development with the essential public services such as sewage disposal, water, power, solid waste disposal;

D. Approximate value of development;

E. A vicinity sketch showing the relationship of the proposed development to existing streets;

F. Name of engineer, if applicable;

G. Location of natural or artificial drainage ways on the development site;

H. A plan of the proposed use showing streets, open spaces, structures, uses of each structure, parking areas, fencing, and walkways;

I. Such additional information as required by Chapter 18.15 CCC, Surface Mining Special Use, or Chapter 18.17 CCC, Race Facilities Special Use, or as the Department deems necessary for the Hearing Examiner to review and take action pursuant to CCC 18.10.295. [Ord. 24-042 § 8, 5-14-24; Ord. 02-044, § 3, 2-26-02; Ord. 95-193, § 5, 12-4-95; Ord. 4107, § 5.01.02, 4-14-75.]

18.10.286 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. 24-042 § 9, 5-14-24.]

18.10.287 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. 24-042 § 10, 5-14-24.]

18.10.288 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 be subject to special use review standards and use conditions of the more restrictive or conditioned zone. [Ord. 24-042 § 11, 5-14-24.]

18.10.289 Conversion of public and semipublic development.

When the need for an existing public or semipublic 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 semipublic 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 semipublic use and operated as such use for a minimum of five years. [Ord. 24-042 § 12, 5-14-24.]

18.10.290 Review of application.

Upon receipt of application for a special use permit, the Director shall review it for completeness. Upon determination that the application is complete, the Director shall review the application for potential consistencies and inconsistencies with the County Comprehensive Plan, for consistencies and inconsistencies with Chapter 18.15 CCC, Surface Mining Special Use, or Chapter 18.17 CCC, Race Facilities Special Use, if applicable, and any other relevant provisions of this chapter and shall develop a report of findings to be attached to the application. In reviewing a special use permit application, the Director shall coordinate with all other agencies of jurisdiction. Upon completion of his/her review, the completed application shall be submitted, together with the report of the Director, to the Hearing Examiner. 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. 24-042 § 13, 5-14-24; Ord. 02-044, § 4, 2-26-02; Ord. 95-193, § 6, 12-4-95; Ord. 4107, § 5.01.03, 4-14-75.]

18.10.295 Review by Hearing Examiner and public testimony for the record.

A. Upon receipt of an application for a special use permit, the Director shall set a date for a public hearing to consider such application. The Director or his/her authorized agent shall provide notice of such hearing pursuant to CCC 18.10.480.

B. Any person interested in any application for special use permits may appear at the hearing set for review thereof and present his/her remarks for the record. This hearing is considered to be the open record hearing as defined in RCW 36.70B.020. “For the record” means that all persons or parties who testify or file a written statement at the Hearing Examiner public hearing become part of the permanent record.

If the Hearing Examiner finds that the proposed action is consistent with the Comprehensive Plan and conforms to this regulation, the Hearing Examiner shall approve the application subject to such conditions as may be necessary to assure that development will comply with the Comprehensive Plan and will be compatible with other uses in the district and this chapter. Such conditions may include but may not be limited to the following:

1. Specific location, construction sequence and timing, operation and maintenance, duration of use, removal of development upon termination of use, dedication of lands, compliance with approved engineering plans and specifications, off-street parking, setbacks and special screening.

2. Where the Hearing Examiner finds that additional information is necessary, action on said application shall be continued.

C. If the Hearing Examiner finds that the proposed action is consistent with this chapter and the land use district in which it is located but not consistent with the Comprehensive Plan, said application shall be denied and the action of the Hearing Examiner shall be noted on the application; provided, that the Hearing Examiner may find that the proposed action is in conformance to the goals and spirit of the Comprehensive Plan, but not in conformance to the land use element of said plan; and provided further, that the Hearing Examiner may give preliminary approval to said application subject to amendment of the County Comprehensive Plan pursuant to RCW 36.70.410. Following amendment of the County Comprehensive Plan, the Hearing Examiner shall give final approval to said special use permit subject to conditions that it deems appropriate to assure conformance to the Comprehensive Plan and this chapter. [Ord. 02-044, § 5, 2-26-02; Ord. 95-193, § 7, 12-4-95; Ord. 4107, § 5.01.04, 4-14-75.]

18.10.300 Effective period of special use permit.

A special use permit shall be effective for the duration stated therein. If no duration is stated, the permit shall remain effective until it is revoked, or otherwise becomes void. A special use permit may be revoked upon order of the Hearing Examiner if the permit holder fails to comply with any condition or requirement set forth in the permit. Any physical site improvements required under a special use permit shall, unless otherwise stated in the permit, be completed within one year from the date the permit is issued. If the required improvements are not completed within such one-year period or such other period as may be stated in the permit, but substantial progress thereon has been made, the Director may grant one one-year extension of the deadline for completion. If at the end of such one-year extension the required improvements have not been completed, the special use permit shall be void.

A special use permit shall become void upon expiration of its duration, if applicable. Upon such expiration, all special uses on the property for which the special use permit was issued shall cease, unless a new special use permit is obtained pursuant to the provisions of CCC 18.10.280 through 18.10.315. [Ord. 16-167 § 2(c), 12-13-16; Ord. 02-044, § 6, 2-26-02; Ord. 81-664, § 1, 7-20-81.]

18.10.310 Appeals.

Appeals of the Hearing Examiner decision shall be to a court of competent jurisdiction pursuant to Chapter 36.70C RCW, the Land Use Petition Act. [Ord. 02-044, § 7, 2-26-02.]

18.10.315 Issuance of special use permit.

Special use permits shall be issued not later than 10 days following approval; provided that no appeal has been filed pursuant to CCC 18.10.310. [Ord. 4107, § 5.01.08, 4-14-75.]

18.10.320 Appeals – Action by the Board of County Commissioners.

Repealed by Ord. 02-044. [Ord. 95-193, § 9, 12-4-95; Ord. 92-149, § 1, 9-21-92: Ord. 4107, § 5.01.09, 4-14-75.]

18.10.325 Inclusion of findings of fact.

Repealed by Ord. 02-044. [Ord. 4107, § 5.01.10, 4-14-75.]

VARIANCES

18.10.340 Hearing Examiner – Appointment.

A Hearing Examiner possesses powers and authority under this chapter as set forth in Chapter 2.05 CCC. [Ord. 15-030 § 2, 3-10-15.]

18.10.341 Variances – General.

All variance requests under this chapter shall be processed as either Type 1 or Type 2 applications. The request shall be made on forms provided by the Director. Matters related to the application shall be reviewed, and findings made as to consistency with this chapter. The Director may coordinate review with those county agencies that have an interest in the application. [Ord. 15-030 § 3, 3-10-15.]

18.10.345 Type 1 variance procedures.

A. An application for variance shall be subject to Type 1 review if the variance is for up to and including 25 percent of the numerical standard in question. A Type 1 variance shall be reviewed administratively by the Director.

B. No less than 14 days prior to issuing a written decision in accordance with this section, the Director shall provide written notice via U.S. mail of the Type 1 variance application to all landowners of record within 300 feet of the subject property. Said notice shall be addressed as shown on the current tax rolls.

C. The Director shall, in making an order, decision, or termination, include in the written record of the case the findings of fact upon which the action is based.

D. Appeals of the decision of the Director shall be processed in accordance with CCC 18.10.370 through 18.10.395. [Ord. 15-030 § 4, 3-10-15.]

18.10.350 Type 2 variance procedures.

A. An application for variance shall be subject to Type 2 review if the variance requested is more than 25 percent of the numerical standard in question. As set forth in Chapter 2.05 CCC, the Cowlitz County Hearing Examiner shall have the power to grant Type 2 variances. The Director shall transmit their findings regarding the application to the Hearing Examiner 10 days prior to the public hearing set pursuant to Chapter 2.05 CCC.

B. Upon receipt of a complete application for a Type 2 variance, the Director shall set the time and place for a public hearing on the subject matter.

C. Written notice of the Type 2 variance hearing shall be mailed to all landowners of record within 300 feet of the subject property. Said notice shall be addressed as shown on the current tax rolls and transmitted via U.S. mail not less than 14 days prior to the hearing date.

D. Notice of time, place, and purpose of the Type 2 variance hearing shall be made not less than 14 days prior to the hearing date. A copy of the Hearing Examiner’s hearing notice shall be transmitted to the applicant.

E. The Hearing Examiner shall, in making an order, decision, or termination, include in the written record of the case the findings of fact upon which the action is based. The Hearing Examiner decision shall be appealable in the manner to a court of competent jurisdiction as proscribed by state law. [Ord. 15-030 § 5, 3-10-15.]

18.10.355 Variance approval criteria.

A. The responsible official may grant a variance to numerical standards, including, but not limited to, setbacks, buffers, building height, landscaping, width, lot area, lot coverage, lot dimensions and parking standards.

B. The applicant shall provide substantial evidence that the following conditions exist:

1. Unusual circumstances are applicable to the subject property, which may include size, shape, topography, surroundings or location.

2. The strict application of this chapter would deprive the applicant of property rights and privileges enjoyed by others in the vicinity.

C. The responsible official shall approve the variance request if, based on substantial evidence in the record, the applicant has sustained the burden of proving the variance complies with all of the following:

1. The variance will not be materially detrimental to public health, or injurious to property in the vicinity or district in which the property is located.

2. The variance will not detract from livability or appearance of a residential area, or character of a nonresidential area.

3. The variance will not adversely effect significant natural, scenic, historic, cultural, open space or energy resources.

4. The variance will not materially compromise the goals and policies of the Comprehensive Plan, or the spirit of this chapter.

5. If more than one variance is requested, the cumulative effect shall be consistent with this chapter.

D. Adverse impacts resulting from the variance shall be mitigated to the extent practicable. [Ord. 15-030 § 6, 3-10-15.]

18.10.360 Notice of hearing.

Repealed by Ord. 15-030. [Ord. 95-193, § 14, 12-4-95; Ord. 4107, § 5.02.05, 4-14-75.]

18.10.365 Inclusion of findings of fact.

Repealed by Ord. 15-030. [Ord. 95-193, § 15, 12-4-95; Ord. 4107, § 5.02.06, 4-14-75.]

APPEALS AND ADMINISTRATIVE REVIEW

18.10.370 Hearing Examiner review of Director’s decisions.

The Hearing Examiner may review any interpretation of the provisions of this chapter made by the Director and any order, requirement, decision or determination relating thereto made by him/her in the application of the specific provisions in this chapter to any parcel, structure or use. The Hearing Examiner may affirm or reverse the interpretation of the provisions of this chapter, by the Director and any order, requirement, decision or determination relating thereto. Appeals of the Hearing Examiner decision shall be to a court of competent jurisdiction pursuant to the Land Use Petition Act, Chapter 347, Washington Laws, 1995. [Ord. 95-193, § 16, 12-4-95; Ord. 4107, § 5.03.01, 4-14-75.]

18.10.375 Guidelines for Hearing Examiner action.

The Hearing Examiner shall interpret the provisions of this chapter in such a way as to carry out the intent and purpose of this chapter as shown on the land use district maps herein, and as amended in the text. Where further clarification is needed, the Hearing Examiner may utilize the Comprehensive Plan to guide him/her in his/her decisions. [Ord. 95-193, § 17, 12-4-95; Ord. 4107, § 5.03.02, 4-14-75.]

18.10.390 Burden of proof.

At every stage of the special use permit and variance approval process, the burden of demonstrating that any proposed development is consistent with the Comprehensive Plan, this chapter and is compatible with the character of the uses in the land use district in which it will be located is upon the applicant. [Ord. 4107, § 5.04.01, 4-14-75.]

18.10.395 Appeals.

All decisions and orders of the Board of County Commissioners and Hearing Examiner in the furtherance of the provisions of this regulation shall be final subject only to review by the Superior Court of Cowlitz County. Appeals of the Hearing Examiner decision shall be to a court of competent jurisdiction, pursuant to the Land Use Petition Act, Chapter 347, Washington Laws, 1995. [Ord. 95-193, § 18, 12-4-95; Ord. 4107, § 5.04.02, 4-14-75.]

AMENDMENTS

18.10.410 Land use ordinance or maps may be amended.

Whenever public necessity, convenience and general welfare require, the boundaries of the land use districts established on maps by this chapter, and the classification of property uses herein or other provisions of this chapter may be amended as follows:

A. By the amendment of the text of the chapter; or

B. By amendment of the land use map. [Ord. 4107, § 5.05.01, 4-14-75.]

18.10.415 Initiation of amendment.

Amendments of this chapter and the maps which are a part thereof, may be initiated by:

A. The verified application of one or more owners of the property which is proposed to be changed or reclassified; or

B. By the adoption of a motion by the Board of County Commissioners requesting the Commission to set the matter for hearing or recommendation; or

C. By adoption of a motion by the Commission. [Ord. 4107, § 5.05.02, 4-14-75.]

18.10.420 Amendment initiated by application.

A. An application to amend this chapter shall be filed with the Building and Planning Department. If the application is for an amendment to the land use district map, it shall include a legal description and location of the property to be redesignated. An application for a redesignation must be signed by not less than 51 percent of the property owners of the area to be redesignated, and representing at least 51 percent of the area proposed for redesignation.

B. Each signer of an amendment application for a redesignation shall give his address and tax parcel number of his property as shown in the Assessor’s records. [Ord. 95-193, § 19, 12-4-95; Ord. 4107, § 5.05.03, 4-14-75.]

18.10.425 Public hearing is required.

The Commission shall hold at least one public hearing before taking action on any amendment to this chapter, and notice of such hearing shall be given as provided in CCC 18.10.480. [Ord. 4107, § 5.05.04, 4-14-75.]

18.10.430 Time limit for decision on application.

Conclusive action on an application shall be taken by the Commission within 90 days from the date of the initial hearing upon the matter, or the application shall be deemed approved. The matter may be continued for a longer period of time with the written consent of the applicant. [Ord. 4107, § 5.05.05, 4-14-75.]

18.10.435 Notice of Commission’s decision.

When the Commission’s action is to recommend approval or denial of an amendment, the Building and Planning Department shall notify the applicant of said decision. Other persons at the hearing requesting notice of the action shall be notified in the same manner as the applicant. If the action of the Commission is to recommend approval of an amendment, a copy of the action together with the findings considered by the Commission to be controlling shall be forwarded to the Board of County Commissioners within 14 days of said action. The findings shall be made available to the public upon request. [Ord. 95-193, § 20, 12-4-95; Ord. 4107, § 5.05.06, 4-14-75.]

18.10.440 Board to hold public hearing.

At the next regular public meeting of the Board of County Commissioners, following the filing of the Commission’s recommended approval of any amendment, the Board shall set the date for a public hearing to consider the recommendations of the Commission. Notice of the public hearing shall be given pursuant to CCC 18.10.490. [Ord. 4107, § 5.05.07, 4-14-75.]

18.10.445 Finality of Planning Commission’s action.

The action of the Commission in denying an application for an amendment shall be final and conclusive unless an appeal is filed as provided in CCC 18.10.450. [Ord. 4107, § 5.05.08, 4-14-75.]

18.10.450 Appeal of Planning Commission action.

The action of the Planning Commission may be appealed to the Board of County Commissioners by filing a written notice of the appeal setting forth the basis for the appeal with the Building and Planning Department along with the appeal fee not later than 20 calendar days after the action of the Planning Commission. The appeal before the Board of County Commissioners is considered to be a closed record hearing as defined by Section 402 of Chapter 347, Washington Laws, 1995, and the submission of new evidence or information shall be limited as provided therein. Only those parties to the open record hearing through testimony or filed written statements, will be allowed to testify at the appeal hearing before the Board of County Commissioners. If an appeal is requested, a typed transcript along with all evidence submitted to the Planning Commission will be forwarded to the Board of County Commissioners. The person or persons requesting the appeal before the Board of County Commissioners shall be required to pay for the typed transcript and shall pay for the same in advance along with the appeal fee, as established by Board of County Commissioners resolution. Notice of the public hearing shall be given pursuant to CCC 18.10.490. The Board shall render a decision after the hearing and shall notify the appellant of its decision by mail. In the event the Board determines the record on appeal is incomplete, the application may be remanded to the Planning Commission for further proceedings. [Ord. 95-193, § 21, 12-4-95.]

18.10.455 Report appeal to the Board.

The Building and Planning Department shall advise the Board of County Commissioners of the filing of the appeal, and shall, prior to the consideration of such appeal by the Board, file with the Board a report containing the findings and recommendations upon which the Commission’s action was based. [Ord. 95-193, § 22, 12-4-95; Ord. 4107, § 5.05.10, 4-14-75.]

18.10.460 Decision of Board.

Enactment of an ordinance by the Board of County Commissioners approving an amendment shall constitute final action. When the action of the Board is to deny a request for an amendment, the adoption of the motion shall constitute final action. Written notice of the action shall be forwarded to the Building and Planning Department to be attached to the permanent file of the case and the Building and Planning Department shall notify the applicant of the final action of the Board. The Board shall make its findings available to the public upon request. [Ord. 95-193, § 23, 12-4-95; Ord. 4107, § 5.05.11, 4-14-75.]

18.10.465 Compliance with Comprehensive Plan.

Proposed amendments to the text or the map portion of this chapter shall be reviewed by the Planning Commission and the Board of County Commissioners to assure conformance of the amendment to the Comprehensive Plan. [Ord. 4107, § 5.05.12, 4-14-75.]

18.10.480 Public hearing notice requirements – Planning Commission review of special use permit applications and proposed amendments to the land use district map.

The County Planning Commission shall provide notice of public hearings required by this chapter to be published in a newspaper of general circulation in the county at least once, not less than 10 days prior to the date set for the hearing. Notice shall be sent by mail at least 10 days prior to the date of said hearing to the owners of the property proposed for the location of a special use or map amendment and to all owners of property within 300 feet of the boundary of the area proposed for the special use or map amendment. Failure to send notice by mail to any such property owner where the address of said owner is not a matter of public record or because his ownership is not of public record shall not invalidate any proceedings in connection with a proposed special use permit application or amendment application. Notice of said public hearing shall be posted in at least two conspicuous places in the affected area at least 10 days prior to the public hearing. The Planning Commission may issue additional notification as it deems appropriate.

Said public notices shall set forth the date, time, place and purpose of the public hearing and in general terms describe the nature of the proposed special use. Documents of record shall be controlling as to the status of legal ownership. [Ord. 4107, § 5.06.01, 4-14-75.]

18.10.490 Public hearing notices – Board of County Commissioners review of special use permit applications and proposed amendments to the land use district map.

The Board of County Commissioners shall give notice of all public hearings required to be held under the provisions of this chapter by publishing said notice at least once in a newspaper of general circulation within the county, not less than 10 days prior to the date fixed for such hearing. Such notice shall set forth the date, time, place, and purpose of the public hearing and shall state in general terms the nature of the proposed special use or amendment. In addition, written notice shall be given to the owners of the property proposed for the location of the special use or map amendment. Notice shall be posted in at least two conspicuous places in the affected area at least 10 days prior to the public hearing. The Board may provide additional notice as it deems appropriate. [Ord. 4107, § 5.06.02, 4-14-75.]

PERFORMANCE STANDARDS
AND REQUIREMENTS

18.10.500 Application of standards.

After April 14, 1975, any use established and any building, structure, or tract of land developed, constructed or used for any permitted or special use shall comply with the applicable performance standards set forth herein.

If any existing use or building or other structure is extended, enlarged, moved, structurally altered, the standards included within this section are to be considered applicable to these activities and they shall be considered minimum standards. [Ord. 4508, § 2-6.01, 12-17-75; Ord. 4107, § 6.01, 4-14-75.]

18.10.501 Standards.

All development shall conform to the development standards of the zone district classifications in which the development is located as indicated in Table 18.10.501. However, Table 18.10.501 contains only minimum standards, and stricter standards may be required by other regulations, including building codes, fire codes, stormwater management or regulations governing sewage disposal or water service. Where Table 18.10.501 lists more than one standard, the stricter standard shall apply.

Table 18.10.501

Minimum Zone District Development Standards

Land Use Zone District	Lot Area (acres or sq. ft.)	Lot Width at Building Line (feet)	Rear Yard Setback (feet)	Side Yard Setback (feet)	Building Height (feet)	Maximum Lot Coverage (percentage)	Minimum District Size (acres)
RR-1	1 acre	120	15	5	(CCC 18.10.535)	50	—
RR-2	2 acres	180	15	10	(CCC 18.10.535)	30	—
RR-5	5 acres	300	15	10	(CCC 18.10.535)	15	—
SR	15,000 sq. ft.	60	15	5	(CCC 18.10.535)	65	—
UR	6,000 sq. ft.	60	15	5	(CCC 18.10.535)	65	—
MF	Table 18.10.541	—	15	5	(CCC 18.10.535)	90	—
C-1	—	—	—	—	(CCC 18.10.535)	—	1
C-2	—	—	—	—	(CCC 18.10.535)	—	3
ML	—	—	—	—	(CCC 18.10.535)	—	—
MH	—	—	—	—	(CCC 18.10.535)	—	—
AG-I	38 acres (CCC 18.10.518)	(CCC 18.10.518)	15 (CCC 18.10.510)	10 (CCC 18.10.520)	(CCC 18.10.535)	—	—
AG	5 acres	—	15	10	(CCC 18.10.535)	—	5
AG-38	38 acres	—	15	10	(CCC 18.10.535)	—	76
FR	5 acres	—	15	10	(CCC 18.10.535)	—	20
U	Mandatory minimums as per Comprehensive Plan guidelines and recommended acreages	Mandatory minimums as per Comprehensive Plan guidelines	15	10	(CCC 18.10.535)	—	—

[Ord. 16-144 § 1, 11-22-16.]

18.10.502 Standards – AG-I zone.

The following performance standards apply to any commercial or light industrial use in the AG-I zone, and are in addition to other applicable standards.

A. Lighting. Lighting, including permitted illuminated signs, shall be designed and arranged to avoid:

1. Glare or reflection onto any residential use not on the same property;

2. Conflicts with the readability of traffic signs and control signals;

3. Interference with motor vehicle or bicycle traffic on roads.

B. Storm Drainage. Any light industrial or commercial development shall have effective storm drainage, as follows:

1. Stormwater runoff may not cause any measurable increase in peak runoff levels in the receiving drainage way.

2. All drainage plans shall be designed by an engineer, licensed in the State of Washington, to handle stormwater runoff for a 25-year storm event.

3. All stormwater drainage improvements shall be completed prior to issuance of an occupancy permit for the use. Stormwater runoff shall be treated in oil-water separators, grass-lined biofiltration swales, or by other best management practice methods prior to discharge from the site.

4. Any development site that disturbs five or more acres must have a general permit from the Washington State Department of Ecology prior to construction of the stormwater drainage system, unless the Department of Ecology provides otherwise.

C. Building and Yard Maintenance.

1. All buildings and grounds shall be maintained in a neat and orderly manner. Any required landscaping shall be maintained in healthy condition, and any dead or unhealthy landscape plants shall be removed and replaced with healthy specimen during the appropriate planting season.

2. Any structure, building, fence or wall shall be kept free of rust, corrosion, peeling paint and other surface deterioration.

3. Except as specifically permitted by other applicable laws, development may not emit or cause excessive smoke, dust, glare, odors, vibration, noise, hazards, or air pollution or water pollution that jeopardizes the general public’s safety and welfare, or injures any human, animal or plant life, or any property.

D. Noise. Every development shall comply with Chapter 173-60 WAC, Maximum Environmental Noise Levels. Procedures for measuring sound levels shall be as described in Chapter 173-58 WAC, Sound Level Measurement Procedures.

The following noise sources are exempt from this subsection:

1. Devices which are utilized solely for warning, safety or emergency purposes and whose use is temporary and infrequent;

2. Transient noises of moving sources such as automobiles, trucks, airplanes and railroads, except as provided in CCC 10.25.050(P);

3. Aircraft noise that is regulated under federal or state law;

4. Sources and activities not under the direct control of the site operator or owner.

E. Air Emissions. All emissions to the air shall comply with Chapter 70.94 RCW, the regulations thereunder, and the rules and standards of the Southwest Air Pollution Control Authority.

F. Explosive Materials. The storage or manufacture of explosive materials is prohibited.

G. Flammable Solids. The storage or manufacture of flammable solids is prohibited.

H. Glare. Lighting shall be directed, shielded or screened so that it will not be directly or indirectly cast into adjacent or nearby residential areas, or hinder motorists on public or private roads.

I. Monitoring Equipment. The Director or Planning Commission may require the owner or operator of a development to install and operate instruments to monitor or control noise, glare, heat, air pollution, smoke, hazardous substances or vibration. [Ord. 94-005, § 33, 1-3-94.]

18.10.505 Front yard setback.

A. The front yard setback in all land use districts, including the unzoned district, shall be a minimum of 20 feet from the front property line or 50 feet from the center of the right-of-way or easement of the fronting road, whichever is greater. If the fronting road is classified as an urban arterial or rural arterial, the distance from the center of the right-of-way or easement shall be increased to 55 feet and 60 feet, respectively.

B. Exceptions.

1. Front yard setback may be reduced to 10 feet if parking area is accessed from the rear of the lot, or if enclosed parking area is recessed or aligned to provide at least 20 feet to edge of property line.

2. If commercial use, setback may be reduced to zero feet as required to accommodate half-width right-of-way requirements, so long as garage doors are not located along the facade. To utilize this exception a survey prepared by a licensed surveyor must be submitted at the time of permitting to validate front property line. Building and fire code requirements may supersede this exception.

3. Features such as porches, stoops, decks, balconies, fire escapes, and exterior stairways may encroach up to 50 percent into front setback identified in subsection A of this section, provided such features are open sided.

4. Projections such as bay windows, masonry clad chimneys, cornices, canopies, eaves, sills, and other architectural features may extend up to three feet into the required setback.

5. In an area of prior development where at least 50 percent of existing surrounding front yard setbacks within a 300-foot radius of the site are less than currently required, an exception of up to 50 percent of the standard setback may be allowed, so long as the following criteria are met:

a. Enclosed parking area is recessed or aligned to provide at least 20 feet to edge of property line.

b. The reduction will not be materially detrimental to public health, or injurious to property in the vicinity or district in which the property is located.

c. The reduction will not detract from livability or appearance or a residential area, or character of a nonresidential area.

d. The reduction will not adversely affect significant natural, scenic, historical, cultural, open space or energy resources.

e. The reduction will not materially compromise the goals and policies of the Comprehensive Plan, or the spirit of this chapter.

6. Public art, flagpoles and signs not subject to front yard setback requirements. [Ord. 17-077 § 1, 9-12-17; Ord. 15-039 § 3, 3-24-15.]

18.10.510 Rear yard setback – Alleys.

The rear yard setback for a lot that abuts an alley shall be five feet from the rear lot line or 15 feet from the centerline of the alley right-of-way, whichever is greater. [Ord. 94-005, § 28, 1-3-94.]

18.10.514 Rear yard setback exemptions – Accessory buildings.

The rear yard setback for any detached residential accessory structure shall be a minimum of five feet from the rear lot line. [Ord. 94-005, § 28, 1-3-94.]

18.10.516 Side and rear yard setback exceptions – AG-I zone.

Every light and heavy industrial development located within 200 feet of a residence on a separate lot must have a minimum 10-foot side yard setback and a minimum 15-foot rear yard setback. The rear and side yard setbacks shall each be increased by one foot for each vertical foot above 35 feet. If a greater setback is required by the building code or fire code, such greater setback is required. [Ord. 94-005, § 29, 1-3-94.]

18.10.518 Exception to standards – AG-I lot size and lot width.

A. The minimum lot size for lots in the AG-I zone may be reduced by special use permit, except that no lot may be less than one acre unless it is served by a sanitary sewer and municipal water.

B. The minimum lot width for light industrial land uses in the AG-I zone shall be 65 feet. [Ord. 94-005, § 26, 1-3-94.]

18.10.520 Corner lot side yard setback.

A corner lot must have a minimum 15-foot side yard setback between any building and a lot line abutting any road other than the fronting road. [Ord. 94-005, § 30, 1-3-94; Ord. 4107, § 6.03.01, 4-14-75.]

18.10.525 Exceptions – Fire wall.

A zero lot line shall be permitted between structures in all areas except AG, FR, RR, SR and UR land use districts upon certification from the Building Inspector that the sides in common of each structure are provided with a firewall in conformance to the County Building Code. [Ord. 4107, § 6.03.02, 4-14-75.]

18.10.530 Exceptions – Duplexes.

Repealed by Ord. 22-078. [Ord. 4107, § 6.03.03, 4-14-75.]

18.10.535 Exceptions – Setbacks related to building heights.

Buildings exceeding 35 feet in height shall be provided with a side and rear yard setback equal to the required yard plus three feet for each story above 35 feet. [Ord. 4107, § 6.03.04, 4-14-75.]

18.10.537 Setbacks – Prior development.

Repealed by Ord. 17-077. [Ord. 5901, § 1, 9-6-78; Ord. 4107, § 6.03.05, 4-14-75.]

18.10.538 Setbacks – Unincorporated unzoned area.

Repealed by Ord. 15-039. [Ord. 95-193, § 25, 12-4-95; Ord. 6142, §§ 1, 2, 3, 3-21-79.]

18.10.539 Commercial and industrial setbacks abutting residential areas.

No building occupied by a commercial or industrial use shall locate closer than 10 feet from a boundary between the district in which such building is located, and an RR-1, RR-2, RR-3, RR-4, RR-5, SR, UR or MF district. [Ord. 82-194, § 7, 7-19-82.]

18.10.540 Minimum lot width and minimum building line for lots fronting on cul-de-sac and road curves.

The minimum lot width for cul-de-sac lots or lots fronting on road curves shall be 40 feet. Said lots shall be provided a minimum building line width of not less than 60 feet and shall be located not less than 25 feet back from the front lot line as measured perpendicular to the front lot line or 55 feet from the centerline of the fronting street, whichever is greater. [Ord. 4107, § 6.04, 4-14-75.]

18.10.541 Multiple-family residential development – Minimum lot size.

Minimum lot size for multiple-family dwellings in all zoned or unzoned areas shall be calculated as indicated in Table 18.10.541. However, larger lot sizes may be required by other regulations, including building codes, fire codes or regulations governing sewage disposal or water service.

Table 18.10.541

Number of Units	Minimum Lot Size
2 – 3	6,000 square feet.
4 – 6	6,000 square feet, plus 1,500 square feet per unit in excess of 3 units.
7 or More	10,500 square feet, plus 1,000 square feet per unit in excess of 6 units.

For example: a four-unit multiple-family dwelling development requires a lot size of 7,500 square feet, a six-unit multiple-family dwelling development requires a lot size of 10,500 square feet, and an eight-unit multiple-family development requires a lot size of 12,500 square feet.

[Ord. 22-078, § 1, 8-16-22.]

18.10.542 Hazardous waste facilities located in unincorporated, unzoned areas.

A. This section applies only to unzoned areas of unincorporated Cowlitz County.

B. Subject to the requirements of subsection D of this section, an on-site hazardous waste treatment and storage facility is allowed on property designated under the Cowlitz County Comprehensive Plan as regional commercial, light industrial, heavy industrial, agriculture-industrial, agriculture-38, or forestry-open space.

C. Subject to the requirements of subsection D of this section, an off-site hazardous waste treatment and storage facility is allowed on property designated under the Cowlitz County Comprehensive Plan as heavy industrial.

D. The hazardous waste treatment and storage facility must: (1) receive special use approval under the procedures of CCC 18.10.280 through CCC 18.10.315; (2) comply with the state siting criteria; and (3) be developed and operate in compliance with all applicable federal and state laws and regulations, including but not limited to Chapter 70.105 RCW and the regulations thereunder, as now or hereafter amended. [Ord. 88-102, § 11, 6-27-88.]

18.10.543 Electric vehicle infrastructure.

A. Purpose. The purpose of this section is to facilitate adequate and convenient electric vehicle infrastructure to serve the needs of the travelling public, provide opportunities for Cowlitz County residents to have safe and efficient personal electric charging stations at their place of residence, and to provide the opportunity for commercial and industrial developments to supply electrical vehicle charging station services to their customers and employees.

B. Charging Station Siting.

1. Level 1 and Level 2 charging stations shall be permitted uses in the commercial (C-1 and C-2) and industrial (ML, MH, and AG-I) zoning districts. Level 1 and Level 2 charging stations shall be accessory uses in all other zoning districts.

2. Level 3 charging stations and battery exchange stations shall be permitted uses in the commercial (C-1 and C-2) and industrial (ML, MH and AG-I) zoning districts. Level 3 charging stations and battery exchange stations shall be special uses in all other zoning districts.

3. Where a special use permit is required, it shall be processed in accordance with CCC 18.10.280 through 18.10.315.

C. Installation Process.

1. Charging Station Installation. Charging stations do not require a specific installation approval from the county; except, that installations may require approvals under state building codes and provisions of county code, depending upon station design and construction. Electrical installations are subject to Washington State Department of Labor and Industries approval.

2. Signage Installation. Signs identifying the location of charging stations placed within or adjacent to a public right-of-way may be subject to approvals by federal, state and local agencies.

D. General Requirements.

1. Electric vehicle charging stations shall be reserved for charging electric vehicles only.

2. Each charging station space should be posted with signage indicating the space is only for electric vehicle charging purposes. Signage should include identifying voltage and amperage levels, time of use, fees or safety information.

3. Installation of wayfinding signs should be conveniently located to effectively guide motorists to the charging station space(s).

4. Charging station equipment shall not interfere with accessibility requirements of WAC 51-50-005. [Ord. 14-053 § 1 (Exh. A), 6-10-14]

18.10.545 Commercial (C-1, C-2) and manufacturing (ML, MH) land use districts – Screening.

A. Where property occupied by a commercial or industrial use adjoins an RR-1, RR-2, RR-3, RR-4, RR-5, SR, UR or MF district, a strip of land five feet wide and parallel to the common property boundary shall be planted with a vegetative screen of hardy evergreen shrubs or trees. The screen shall be no less than four feet in height, but shall not be of such height as to interfere with solar access of other properties. The screen shall be maintained in a healthy condition by the owner and/or operator of the commercial or industrial use. The screen shall be designed, placed and maintained in such a manner that it does not impair vehicle visibility at intersections or along lines of ingress or egress.

B. Alternative forms of screening may be permitted, providing the owner or operator demonstrates that the proposed alternative effectively screens the commercial or industrial use from view of all adjoining residential properties. A fence proposed as an alternative shall not exceed eight feet in height. Landscaping in addition to the proposed alternative screen may be required. Requests for alternative screening shall be considered as requests for variances under CCC 18.10.340 through 18.10.365. [Ord. 94-005, § 35, 1-3-94; Ord. 82-194, § 8, 7-19-82.]

18.10.546 Screening – AG-I zone.

A. Where a property located in the AG-I zone and occupied by a commercial or industrial use is located within 200 feet of a residence on another lot, a strip of land five feet wide and parallel to the residential use shall be planted with a vegetative screen of hardy evergreen shrubs or trees. The screen shall be no less than four feet in height at the time of planting, but the mature vegetation shall not be of such height as to interfere with solar access of the residence. The vegetative screen shall be maintained in healthy condition by the owner or operator of the commercial or industrial use.

B. A fence or wall that is not more than eight feet high may be used as an alternative form of screening. The Director may require vegetation in addition to a fence or wall in order to reduce the impacts of noise, light or glare onto adjacent residential property. Any screening shall meet the following standards.

1. Fences and walls shall be uniform in color and material; except for scenic murals. A scenic mural shall not include advertising or business identification;

2. No fence or wall shall be used for outdoor advertising or merchandise display purposes;

3. Front yard landscaping shall not obscure doors and windows from view from the road;

4. Employee and customer parking are allowed in front yards so long as a minimum five-foot strip of land adjacent to the front lot line is landscaped with hardy vegetation that does not reduce sight distance or visibility requirements in violation of CCC 18.10.569. [Ord. 94-005, § 34, 1-3-94.]

18.10.547 Small lot provision – Agriculture-38 (AG-38) – Exception to 38-acre minimum lot size.

A. In the agriculture-38 district, lots smaller than the 38-acre minimum of CCC 18.10.510 may be created in the manner and subject to the conditions provided in this section.

B. For the purposes of this section the term “combined ownership” shall mean an owner’s total ownership, whether or not contiguous, in the agriculture-industrial and agriculture-38 districts.

C. For every 38 acres of combined ownership the owner thereof may make a division of land under the short subdivision provisions of Chapter 18.34 CCC to create one new lot. However, no such division of land shall be permitted except to provide a lot for a single-family residence for a person who (1) is a family member of the owner of the parcel to be divided, and (2) is actively engaged in agricultural activities on the parcel to be divided. For the purpose of this subsection, the term “family member” is limited to the spouse and children of the owner of the parcel to be divided; provided, that where the owner of the parcel is a corporation, the term “family member” shall mean the spouse and children of the person(s) holding a controlling interest in the corporation; provided further, that nothing in this section shall limit the right of a person who meets the two above criteria to have his or her family reside together with him or her on a lot created pursuant to this section.

D. During a five-year period beginning with the date the first lot is created as allowed under this section (such date being the date that a short plat under Chapter 18.34 CCC is filed), up to three such lots (counting the first lot) may be created. Thereafter, one such lot may be created every five years. Such lots may be adjoining or nonadjoining.

E. Any new lot created under this section shall be subject to the following conditions:

1. Such lot shall be at least one-half acre and no greater than two acres in area; provided, that the two-acre maximum shall be increased to the extent (a) that the Cowlitz-Wahkiakum Health District determines that a larger area is required for the proper installation of approved water and/or sewer systems; or (b) of a variance granted by the Director to allow a division of land to follow topographic features (including but not limited to natural and manmade drainage ways, and ravines) that obstruct normal and necessary agricultural practices.

2. Such lot shall have a minimum width of 100 feet (measured from the required front setback).

3. The short plat creating such lot shall bear a notation, in a form prescribed by the Director, stating that the lot is situated in an agricultural area and is subject to noise, dust, smoke, odors, and the application of chemicals resulting from usual and normal practices associated with nearby agricultural uses. [Ord. 84-223, § 2, 10-8-84.]

18.10.548 Segregation of owner-occupied residence.

A. In the agriculture-38 district, lots smaller than the 38-acre minimum of CCC 18.10.510 may be created in the manner and subject to the conditions provided in this section. Divisions of land allowed under this section are in addition to those allowed under CCC 18.10.547.

B. That portion of a parcel that contains an owner-occupied residence may be divided from the remainder of the parcel under the short subdivision provisions in Chapter 18.34 CCC; provided, that no such division shall be allowed if the lot on which the owner-occupied residence is located was created after the effective date of this chapter; provided further, that when the parcel is owned by a corporation, a residence thereon shall be considered as “owner-occupied” when it is occupied by (1) the person(s) who own(s) a controlling interest in the corporation, or (2) the person(s) who within the past five years has/have owned a controlling interest in the corporation.

C. Any division of land under this section must meet the standards of CCC 18.10.547(E). [Ord. 84-223, § 3, 10-8-84.]

18.10.550 Sewer and water.

Sewer and water requirements for each land use shall be as specified by the Cowlitz-Wahkiakum Health District. The minimum lot size of lots not provided with community sewers shall be as specified by the County Sanitation Ordinance. However, where the application of the provisions of the County Sanitation Ordinance permit a less restrictive lot than is specified in CCC 18.10.501, the requirements in CCC 18.10.510 shall apply. [Ord. 4107, § 6.05, 4-14-75.]

Codifier’s note: The County Sanitation Ordinance [Ord. 1122] has been superseded by state and Health District regulations. See Chapter 248-96 WAC.

18.10.552 Home occupations.

A. The following occupations, when conducted in compliance with the standards set forth in subsection B of this section, shall be permitted as home occupations in all land use districts and shall not be required to obtain special use permit approval:

1. In home workspaces for artists, musicians, craft practitioners, clergy, professional services including classes led by such practitioners and other similar uses that meet the requirements of subsection B of this section;

2. Licensed family day care providers as defined in RCW 43.216.010(1)(c), or hereafter amended.

B. All home occupations shall comply with the following standards:

1. The home occupation shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes;

2. The outward appearance of the structure shall not be altered or the occupation be conducted in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, or the emission of sounds, exhausts, or vibrations that carry beyond the premises;

3. A home occupation shall be conducted entirely within the dwelling, or within an attached or detached accessory building on the same lot as the dwelling. Licensed family day care providers are exempt from this requirement;

4. Only the occupant(s) of the dwelling on the lot on which the home occupation is conducted may engage in such home occupation; provided, that such occupant(s) may employ no more than two nonresident employees;

5. No more than 25 percent of the floor space of a dwelling may be used primarily for the home occupation. Licensed family day care providers are exempt from this requirement;

6. No storage or display of goods and equipment shall be located within a public view, except what is customary for a residence;

7. Adequate off-street parking shall be provided;

8. One nonanimated, nonilluminated sign, not exceeding three square feet in area, may be mounted on the home occupation structure and one such sign may be installed near the adjacent road frontage. [Ord. 22-079, § 1, 8-16-22.]

18.10.560 Off-street parking.

Off-street parking requirements in CCC 18.10.561 and 18.10.562 are minimum requirements and shall apply in all unincorporated areas of Cowlitz County. Such requirements must be met whenever:

A. A new building is erected;

B. An existing building is altered such that the alteration costs exceed 50 percent of the county-assessed market value of the building, or the building’s floor space is increased by more than 50 percent; or

C. The use of an existing building is changed. [Ord. 81-796, § 1, 10-12-81; Ord. 81-678, § 1, 7-27-81.]

18.10.561 Off-street parking – General provisions.

The following general provisions shall apply.

All off-street parking areas shall meet the minimum standards for spaces, aisles, and access ways set forth in the Off-Street Parking Diagram and Dimensional Table below. Notwithstanding the foregoing, for any parking area of 12 or more spaces, 25 percent of the spaces may be reduced to minimal dimensions 15 feet in length, provided the spaces are marked for use by small automobiles.

OFF-STREET PARKING DIAGRAM

OFF-STREET PARKING DIMENSIONAL TABLE

	Less than 90°	90°	Parallel
A. Width of Parking Space	9'	9'	9'
B. Length of Parking Space	18'	18'	22'
C. Width of Driveway Aisle	18'	24'	12'

Access to off-street parking areas shall comply with county and state road approach standards.

A. Location. All required off-street parking spaces shall be located within 300 feet from the building or use they are intended to serve.

B. Joint Use Facilities. The Director may approve common parking for two or more uses. Owners or operators of the uses must show that their operations and parking needs do not overlap in time. If the uses are under separate ownerships, the right to joint use of the parking spaces must be evidenced by a deed, lease, contract or other appropriate written document satisfactory to the Director.

C. Development and Maintenance Standards for Off-Street Parking Areas. Every parcel of land used as a public or private parking area shall meet the following standards:

1. All one- and two-family dwellings shall be provided with safe access to and from public streets and roads;

2. For all other uses, safe access shall be provided to and from public streets and roads; no parking space shall be so situated as to create a reasonable likelihood that automobiles will proceed from the space to a public street or road while in reverse gear; and no off-street parking shall be permitted within street easements or rights-of-way;

3. All parking surfaces shall be constructed with all-weather materials and shall be well-drained. Fugitive dust emission shall be controlled as required by federal, state and local regulations. [Ord. 81-678, § 1, 7-27-81.]

18.10.562 Number of off-street parking spaces required.

The number of off-street parking spaces required for particular uses shall be as follows:

	Use	Number of Spaces
A. Residential
	1. 1-, 2-, and 3-unit family dwellings	2 spaces/dwelling unit
	2. Multifamily dwelling containing 4 or more dwelling units	3 spaces/2 dwelling units
	3. Apartment, rooming or boarding house	3 spaces/2 units
B. Commercial Residential
	1. Hotel	1 space/2 guest rooms plus 1 space/2 employees
	2. Motel	1 space/guest room or suite, plus 1 additional space for the owner or manager
C. Institutions
	1. Welfare or correctional institution	1 space/3 beds for patients or inmates
	2. Hospital, nursing home, sanitarium, rest home, home for the aged	1 space/3 beds for patients or residents
D. Places of Public Assembly
	1. Church	The greatest of: 1 space/5 seats; 1 space/10 ft. of bench length in the main auditorium; or 1 space/40 s.f. of assembly area
	2. Library, reading room, museum, art gallery	1 space/400 s.f. of floor area, plus 1 space/2 employees
	3. Preschool nursery; kindergarten, public, private or parochial	2 spaces/teacher or employee
	4. Elementary or junior high school, public, private, or parochial	The greatest of: 1 space/ employee; or 1 space/5 seats in auditorium, gymnasium or assembly room, or 1 space/10 ft. of bench length in auditorium, gymnasium or assembly room
	5. High school, public, private or parochial	The greatest of: 1 space/ employee, plus 1 space/6 students; 1 space/4 seats in the main auditorium; or 1 space/8 ft. of bench length in the main auditorium
	6. College, commercial school for adults	1 space/3 seats in classrooms
	7. Other auditoriums, meeting rooms, lodges, clubs, community halls	The greatest of: 1 space/5 seats; 1 space/10 ft. of bench length; or 1 space/40 s.f. of floor area
E. Commercial Amusements
	1. Stadium, arena, theater, gymnasium	The greatest of: 1 space/5 seats; 1 space/10 ft. of bench length; or 1 space/ 40 s.f. of floor area
	2. Bowling alley	4 spaces/lane, plus 1 space/2 employees
	3. Dance hall, skating rink	1 space/150 s.f. of floor area, plus 1 space/2 employees
F. Commercial
	1. Grocery store; supermarket; retail store; except retail store selling bulky merchandise	1 space/200 s.f. of floor area
	2. Service or repair shop, retail store selling furniture, automobiles, or other bulky merchandise, where the merchandise display occupies the major area of the building	1 space/600 s.f. of floor area
	3. Bank, office (except medical and dental)	1 space/400 s.f. of floor area, plus 1 space/2 employees
	4. Medical or dental office or clinic	1 space/150 s.f. of floor area, plus 1 space/2 employees
	5. Eating or drinking establishment	1 space/200 s.f. of floor area
	6. Mortuary	1 space/4 seats, or 1 space/8 ft. of bench length in chapels, whichever is greater
	7. Small animal clinic, veterinary hospital	1 space/1000 s.f. of floor area, plus 1 space/employee
	8. Snack bar, souvenir or concession stand	4 space/employee
G. Industrial
	1. Manufacturing establishment	1 space/2 employees on the combined total of the 2 largest shifts
	2. Storage warehouse, wholesale establishment, rail or trucking freight terminal	1 space/2000 s.f. of floor area

Uses not specifically listed above shall furnish parking as required by the Director. The Director shall use the above list as a guide for determining requirements for other uses. [Ord. 81-678, § 1, 7-27-81.]

18.10.564 Equipment storage – AG-I zone.

Equipment storage shall not be allowed in any front yard setback area. Equipment storage areas shall be screened if the area is located within 200 feet of a residence on a separate lot. [Ord. 94-005, § 31, 1-3-94.]

18.10.565 Loading and unloading – AG-I zone.

Loading and unloading areas shall have access to a public road. However, no vehicle proceeding to or from a loading or unloading area may block traffic on any road. [Ord. 94-005, § 32, 1-3-94.]

18.10.568 Signs – AG-I zone.

A. The following standards shall apply to any sign in the AG-I zone:

1. Number.

a. Each development shall have no more than one business identification sign. The sign may be single-faced or double-faced and may be a freestanding, window, wall, roof, fence or projecting type of sign. A business located on a corner lot may have one sign facing each intersecting road, or one sign with two faces at up to 90 degrees from one another, and installed in a manner that provides visibility from both roads. One industrial or business park sign is permitted per contiguous park,

b. All signs shall be on-premises and refer directly to the business, goods and services provided; off-premises signs advertising a commercial or industrial development shall not be permitted;

2. Area.

a. Business identification signs of the window, wall, roof, fence or projecting types shall be no larger than 10 percent of the front face of the primary business structure, provided that such signs may be a minimum of 35 square feet per face. Permitted directional signs shall be no larger than six square feet in area per sign,

b. An industrial or business park sign shall be no larger than 150 square feet in area per face;

3. Height. Wall, projecting or roof signs shall be no higher than 10 feet above the roof or parapet line of the building and in no case greater than 45 feet in height. Exception: Business identification signs may be greater in height if attached flush to auxiliary industrial structures such as water tanks, towers, exhaust stacks and storage elevators. Freestanding signs shall be a maximum of 25 feet in height for any light or heavy industrial use, or the height of the primary structure, whichever is greater. Signs for tourist commercial or regional commercial uses in the unzoned, unincorporated area shall not exceed 45 feet in height;

4. Freestanding signs and other signs not attached to a building shall be set back a minimum of 15 feet from all property lines, or 15 feet from the road right-of-way or easement line. In calculating the setback, the road right-of-way or easement shall be deemed to be 30 feet from the centerline of the road right-of-way or easement, or the actual half-width of the road right-of-way or easement, whichever is greater. No sign may violate the sight distance requirements of CCC 18.10.569;

5. Sign Illumination.

a. The light from any illuminated sign shall be shaded, hooded, shielded or directed so that the light does not cast glare into residential areas, and does not endanger public safety by creating conflicts with traffic or traffic controls,

b. No sign shall have rotating, flashing or blinking lights, or other illuminating devices which change in light intensity, brightness or color. Beacon and search lights are not permitted, except at airports, or as provided in subsection D of this section;

6. Any existing, nonconforming sign shall become conforming at the time the sign is replaced; provided, any existing signs on trees or utility poles shall be removed by December 31, 1993.

B. The following signs are exempt from the standards listed in subsection A of this section:

1. Signs required or authorized by law;

2. Official public notices;

3. The U.S. flag and the flag of any government or noncommercial institution such as a school;

4. Plaques, tablets or inscriptions indicating the name of a building, its date of erection, or other commemorative information, which are an integral part of the building structure or are attached flat to the face of the building, which are nonilluminated, and which do not exceed three square feet in surface area;

5. “No trespassing,” “no dumping,” “no parking,” “private,” and other information or warning signs, which shall not exceed four square feet in surface area;

6. One business or private establishment flag per business premises;

7. Public service directional signs for public buildings such as public schools, libraries, hospitals and similar public services facilities placed within public rights-of-way;

8. Temporary signs, not larger than 32 square feet, for the purpose of endorsing political candidates or ballot propositions, or for advertising fairs, rodeos or similar temporary activities, provided such signs are removed within 15 days following cessation of the activities for which the sign was posted;

9. A single sign for the purpose of advertising a particular lot, building or premises for sale or lease. The sign may not exceed six square feet in area. A corner lot may have two such signs;

10. A temporary agricultural sign that provides directional information to a business offering for sale seasonal agricultural products on the property where the sale is taking place, provided the sign is removed at the end of the agricultural product’s season.

C. Signs – Construction – Content – Maintenance. The following requirements apply to all signs:

1. All signs shall meet the construction and operations standards of the Uniform Sign Code and the National Electrical Code, latest editions and amendments as appropriate. Where conflicting standards between this section and the codes exist, the more stringent shall apply;

2. All signs, including signs installed before the effective date of the ordinance codified in this section, shall be constantly maintained to ensure a state of security, safety and repair. If any sign is found not so maintained or is insecurely fastened or otherwise dangerous, it shall be the duty of the owner or occupant of the premises on which the sign is fastened to repair or remove the sign within five days after receiving notice from the Director or Building Official. The premises surrounding a freestanding sign shall be kept free of rubbish;

3. All freestanding signs shall be designed to prevent automobiles from hitting the sign-supporting structure. Landscaping, curbs or other means may be used to accomplish this.

D. Prohibited Signs. The following signs are not permitted, except as indicated. Prohibited signs are subject to removal at the owner’s expense after appropriate notification by the Director, Building Official or other county official.

1. Signs which are animated, rotate, move, are audible, or illuminated by any intermittent, flashing or scintillating source of light or sound. Signs and displays utilizing banners, pennants, streamers, twirlers or propellers, strings of light, beacon or search lights, flares, balloons and similar devices are permitted only for a maximum of 15 days for grand openings or special sales. The movement of the hands of a clock or digital changes indicating time and temperature are permitted;

2. Signs affixed to or painted on trees, rocks, or other natural features or on utility poles, bridge abutments and other public structures, unless otherwise permitted as official signs;

3. Window signs containing material unrelated to the merchandise for sale or service performed by the person or business on whose property the sign is located; provided, however, on-premises signs may call the attention of the public to public holidays or community events, the time and temperature;

4. Unofficial signs that, for advertising purposes, imitate or resemble an official traffic sign or signal, or bear the words, “stop,” “caution,” “danger,” “warning” or similar words;

5. Signs which, by reason of their size, location, movement, content, coloring or manner of illumination may be confused with or construed as a traffic control sign, signal or device, or the light of an emergency or radio equipment vehicle; or which obstruct the visibility of any traffic or road sign or signal device;

6. Signs that promote an illegal activity. [Ord. 94-005, § 36, 1-3-94.]

18.10.569 Visibility and sight distance – Number of driveways – AG-I zone.

A. The following minimum sight distance requirements apply to roads abutting a commercial or industrial development in the AG-I zone:

1. If the abutting road has a speed limit of 35 miles per hour or less, the minimum sight distance is 240 feet.

2. If the abutting road has a speed limit of 40 miles per hour, the minimum sight distance is 275 feet.

3. If the abutting road has a speed limit of 45 miles per hour, the minimum sight distance is 315 feet.

4. If the abutting road has a speed limit of 50 miles per hour or more, the minimum sight distance is 350 feet.

The minimum sight distances apply to any intersection of a driveway that serves the development and a road that abuts the development. If the development occupies a corner formed by the intersection of two roads, the minimum sight distances also apply to both such roads; the road for which the minimum sight distance is computed is called the abutting road, and the other road is called the intersecting road. The minimum sight distance along the abutting road is determined from the point of view of a motorist who is on the driveway or intersecting road, who is facing the abutting road, and who is 20 feet from the center of the nearest lane of the abutting road. The minimum sight distance is measured from that point, in both directions along the abutting road. Within the minimum sight distance, clearance for motorists’ vision must be maintained between two and one-half feet and 10 feet above the surface of the abutting road. No fence, wall, tree, vegetation or other object may be allowed to obstruct the minimum sight distance. The Director may vary the requirements of this section due to physical conditions of the property that are beyond the reasonable control of the owner or operator of the development.

B. Driveways. The Director may require driveway access onto county maintained principal arterials, minor arterials, collectors, major collectors or minor collectors, or any road where the speed limit is 35 m.p.h. or greater, to be shared or combined to avoid the proliferation of multiple access points and turning movements. [Ord. 94-005, § 38, 1-3-94.]

18.10.570 Building height standards.

The maximum height of buildings exceeding 35 feet in height shall be no greater than the capability of the fire abatement equipment of the Fire District in which the building is located. Buildings not located in a Fire District shall not exceed a building height of 35 feet. [Ord. 4107, § 6.07, 4-14-75.]

18.10.575 Manufactured home park overlay district.

A. Purpose and Intent. The Cowlitz County manufactured home park overlay district is created with the general intent of promoting flexibility when permitting new and expanding manufactured home parks, while ensuring compatibility within their vicinity.

B. Applicability. The manufactured home park overlay district shall apply to all lawfully established manufactured home or mobile home parks within unincorporated Cowlitz County as of the date of adoption of the ordinance codified in this section, as well as those areas approved for future use of the manufactured home park overlay pursuant to CCC 18.10.410 through 18.10.490.

C. Administration. The Director of the Department of Building and Planning, or their designee, shall be responsible for administering the requirements of the manufactured home park overlay district in unincorporated areas of Cowlitz County. The Director has the responsibility to develop policies, implement and maintain maps and databases, and enforce the standards as defined by this section.

D. Performance Standards. Development or redevelopment of property within the manufactured home park overlay district shall comply with Chapter 18.42 CCC, or as hereafter amended.

E. Enforcement. Cowlitz County Department of Building and Planning is hereby charged with enforcement of this section.

F. Appeals. Affected property owners may appeal to the Cowlitz County Hearing Examiner in the process outlined in Chapter 2.05 CCC within 14 days of the date that written notice is sent to the property owner. To be timely, the written notice of appeal must be received within the 14-day time limit.

G. Severability. If any section, subsection, clause, phrase or word in this section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such section shall be deemed a separate provision and such holding shall not affect the validity of the remaining portion of this section. [Ord. 19-084 § 1, 8-13-19.]

18.10.580 Airport overlay district.

A. Purpose and Intent. The Cowlitz County airport overlay district is created with the general intent of promoting land use compatibility near airports in Cowlitz County. More specifically:

1. To help reduce the potential for airport hazards by establishing a process for review.

2. To help protect the viability of the Southwest Washington Regional Airport and Woodland State Airport as significant community resources by encouraging compatible land uses and density standards for the purpose of promoting public health, safety and welfare of Cowlitz County residents and aviation users.

3. To recognize the Southwest Washington Regional Airport and Woodland State Airport as essential public facilities, as they are important for Cowlitz County emergency and transportation access, and have continued economic benefits to the region.

4. To define a series of imaginary surfaces and safety zones within the influence area of each airport based on federal aviation regulations.

5. To associate an overlay with these imaginary surfaces, to be used in conjunction with the land use requirements determined for these areas in the Land Use Ordinance and the Comprehensive Plan.

B. Applicability. The regulations contained in this section shall apply to all land, buildings, structures, natural features and uses located within an airport overlay district defined by this chapter.

C. Administration. The Director of the Department of Building and Planning, or his or her designee, shall be responsible for administering the requirements of the airport overlay district in unincorporated areas of Cowlitz County. The Director has the responsibility to develop policies, implement and maintain maps and databases, and enforce the standards as defined by this section.

D. Exemptions. The following structures, uses, and activities are exempt from the provisions of the airport overlay district when permitted in the underlying zoning district:

1. Necessary Aviation Facilities. Any air navigation facility, airport visual approach, or aircraft arresting device, or meteorological device, or a type of device approved by the FAA, the location and height of which is fixed by its functional purpose.

2. Temporary Uses. Aviation shows and related events may be exempt when determined by the Director to be minor or incidental in nature and within the intent of this district. A request for a review shall be required for the temporary use.

3. Nonconforming Uses. A use, lot, building or structure that does not meet the criteria pursuant to this section, but which exists prior to the effective date of this section, shall be allowed to continue subject to the requirements of Chapter 18.02 CCC.

4. Agricultural Operations. Including but not limited to cropping, grazing of livestock, dairying, horticulture and floriculture and all practices common or incidental to agriculture. This shall not include permanent buildings or structures, which are otherwise subject to the requirements of this section. Temporary stands for the sale of agricultural products produced on premises shall be exempt.

5. Home Occupations. When otherwise permitted in the underlying zoning district within an existing residence and no exterior improvements are proposed.

E. Performance Standards.

1. No use, building or structure shall penetrate an imaginary surface defined by this chapter without a conditional determination from the FAA outlining mitigation measures. Such proposed use, building or structure shall be reviewed by Cowlitz County as a special use, pursuant to the provisions of CCC 18.10.280 through 18.10.315. Notice of the special use application shall be provided to the Airport Manager, along with opportunity to comment.

2. New development determined by the FAA to be a hazard to air navigation, or is otherwise determined by the FAA to be objectionable, shall be prohibited.

3. When a division of land occurs within an airport overlay district, the following language shall be placed on the face of the plat or survey prior to recording with the Cowlitz County Auditor:

The subject property is located within an airport overlay district in which a variety of aviation uses and activities occur. Such activities may include, but are not limited to, noise, interference with sleep, vibration, chemicals, odors, dust or other particulate matter, fuel particles, low flying aircraft and other activities associated with the operation of aircraft and operation as well as potential expansion of the airport

F. Enforcement.

1. Cowlitz County Department of Building and Planning is hereby charged with enforcement of this section.

2. Whenever a use, construction, building alteration or development is proposed within an airport overlay district in Cowlitz County, it shall be the duty of the applicant to provide documentation of compliance with Subpart B of the Federal Aviation Regulations Part 77, “Objects Affecting Navigable Airspace.” This shall include submittal to and review by the FAA of Form 7460-1.

G. Appeals. Affected property owners may appeal to the Cowlitz County Hearing Examiner in the process outlined in CCC 18.10.370 through 18.10.395 within 14 days of the date that written notice is sent to the property owner. To be timely, the written notice of appeal must be received within the 14-day time limit. [Ord. 16-167 § 2(d), 12-13-16; Ord. 16-128 § 2, 10-11-16.]

18.10.585 Accessory dwelling units.

The county promotes development of accessory dwelling units as a means of enhancing and creating opportunities for individual property owners to provide housing options for families and generate rental income.

A. Performance Standards. An ADU shall comply with the following standards:

1. Where Permitted. An accessory dwelling unit (ADU) may be allowed in all Comprehensive Plan designations, and in all zoned areas except for MH, ML, C-1, and C-2, on a lot occupied by an existing single-family dwelling.

2. Minimum Lot Size. An ADU shall not be established on any parcel smaller than 6,000 square feet.

3. Configuration. ADUs shall be permitted as an additional dwelling unit that may be either within, attached to, or detached from the primary single-family dwelling.

4. Density. In areas classified as urban and suburban in the Cowlitz County Comprehensive Plan, one attached ADU and one detached ADU may be established as an accessory to a single-family dwelling per lot. In all other Comprehensive Plan classifications, only one ADU may be established as an accessory to a single-family dwelling per lot.

5. Building Permits. ADUs require building permits to ensure compliance with applicable fire, health and safety codes.

6. Maximum Unit Size. The gross floor area (square footage), calculated from finished wall to finished wall on all levels of an existing structure, an addition, or new detached structure, converted to or constructed for the purpose of creating an ADU shall not exceed 1,200 square feet. The maximum height shall be no taller than 35 feet or two stories.

7. Minimum Unit Size. The gross floor area (square footage) of an ADU shall not be less than that allowed by state law and the requirements of the adopted building code, Chapter 16.05 CCC.

8. Setbacks. The applicable setbacks shall be the same as those prescribed for the primary residence.

9. Connectivity. Attached ADUs shall have at least one external entry.

10. Accessibility. To encourage the development of housing units for people with disabilities, the responsible official may allow reasonable deviation from the stated requirements of this section to install features that facilitate accessibility.

11. Parking. Additional on-site parking of one space is required in conjunction with the establishment of each ADU. The off-street parking requirements set forth in CCC 18.10.562 shall be maintained for the primary residence. No additional curb cuts shall be allowed to accommodate an ADU.

12. Repealed by Ord. 20-036.

13. Temporary Accessory Dwelling Units. Accessory dwelling units not intended for permanent use may be allowed in temporary medical hardship situations upon recording of a covenant stating that the dwelling will be removed once the medical hardship has ended or prior to sale of the property to a third party, whichever occurs first. [Ord. 20-036 § 1, 5-5-20; Ord. 18-093 § 1, 10-16-18.]

SUPPLEMENTARY PROVISIONS

18.10.590 Continuation of a nonconforming pre-existing use or structure.

Repealed by Ord. 16-167. [Ord. 4107, § 7.01, 4-14-75.]

18.10.600 Pre-existing structure.

Repealed by Ord. 16-167. [Ord. 4107, § 7.02, 4-14-75.]

18.10.610 Discontinuance of a nonconforming pre-existing use.

Repealed by Ord. 16-167. [Ord. 4107, § 7.03, 4-14-75.]

18.10.620 Change of nonconforming pre-existing use.

Repealed by Ord. 16-167. [Ord. 4107, § 7.04, 4-14-75.]

18.10.630 Destruction of a nonconforming pre-existing use or structure.

Repealed by Ord. 16-167. [Ord. 4107, § 7.05, 4-14-75.]

18.10.640 Completion of structure.

Repealed by Ord. 16-167. [Ord. 4107, § 7.06, 4-14-75.]

18.10.650 Eminent domain or public acquisition of land.

Repealed by Ord. 16-167. [Ord. 94-005, § 37, 1-3-94.]

18.10.660 Agricultural uses in residential land use districts.¹

Farming, truck gardening, orchards and nurseries are permitted in residential land use districts provided that no retail or wholesale business sales office is maintained on the premises and provided no poultry or livestock other than normal household pets shall be housed within 100 feet of any residence other than the dwelling on the same lot. [Ord. 4107, § 7.08, 4-14-75.]

18.10.670 Exception of building height limitations.

The following types of structures or structural parts are not subject to the building height limitations of this chapter: chimneys, belfries, church spires, cupolas, domes, elevator shafts, fire and hose towers, monuments, observations towers, radio station towers, smoke stacks, transmission towers, water towers, windmills and other similar projections. [Ord. 4107, § 7.09, 4-14-75.]

18.10.680 Projections from buildings.

Cornices, eaves, gutters, sunshades, and other similar architectural features may not project more than two feet into a required yard. [Ord. 4107, § 7.10, 4-14-75.]

18.10.690 Access.

All lots or parcels of land less than five acres in area shall abut upon a publicly developed and maintained road, or on a private roadway that was permitted by the county beginning October 25, 1999, or on a road thereafter regulated or permitted by the county, for a minimum distance of 25 feet; except as otherwise provided by this title. [Ord. 23-099 § 1, 6-20-23.]

18.10.700 Authorization of similar land uses.

The Hearing Examiner may rule that a use not specifically named in the allowed uses of the district shall be included among the allowed uses if it is of the same general type and is similar to the allowed uses. However, this section does not authorize the inclusion of a use in a district where it is not listed when the use is specifically listed in another district. [Ord. 95-193, § 26, 12-4-95; Ord. 4107, § 7.12, 4-14-75.]

18.10.710 Nonconforming lots of record.

Repealed by Ord. 16-167. [Ord. 94-005, § 39, 1-3-94.]

18.10.720 Reclassification of nonconforming pre-existing uses or structures.

Repealed by Ord. 16-167. [Ord. 95-193, § 27, 12-4-95; Ord. 4107, § 7.13, 4-14-75.]

ADMINISTRATION AND ENFORCEMENT

18.10.730 Interpretation.

A. In interpreting and applying the provisions of this chapter, the provisions shall be held to be the minimum requirements for the promotion of the environmental quality, public health, safety and general welfare; therefore, when this chapter imposes a greater restriction upon the use of buildings or premises, or requires larger open spaces than are imposed or required by other laws, resolutions, rules or regulations, the provisions of this chapter shall control. This chapter shall supersede any conflicting section of any regulation adopted prior to April 14, 1975.

B. The provisions of this chapter shall be so interpreted as to carry out the land use district maps herein or hereinafter adopted and the general plans for physical development adopted by the Board of County Commissioners. [Ord. 4107, § 8.01, 4-14-75.]

18.10.740 Administration.

All applications under this chapter shall be made to the Cowlitz County Building and Planning Department. It shall be the duty of the Director or his designee to process any application pursuant to this chapter, and to administer the provisions of this chapter. The Director shall prepare any forms necessary to administer the provisions of this chapter. [Ord. 94-005, § 40, 1-3-94.]

18.10.750 Enforcement.

It shall be the duty of the Building and Planning Director to see that this title is enforced through the proper legal channels. The County Building Official shall issue no permits for the construction, alteration or repair of any building or part thereof, unless such plans and intended use of such building or land use conform in all respects with the provisions of this chapter. All applications for a building permit shall be accompanied by a plot plan showing the actual dimensions and structures of the plot to be built upon, the size, use and the location of all existing and proposed buildings. [Ord. 95-193, § 24, 12-4-95; Ord. 4107, § 8.03, 4-14-75.]

18.10.760 Fees and charges.

The fees and charges for processing applications for land use district map and/or text amendments, special use permits and variances, public hearing notices, appeals and other administrative actions under this chapter shall be as from time to time established by resolution by the Board of County Commissioners. [Ord. 87-015, § 1, 2-2-87.]

18.10.770 Violations – Penalties.

It is a civil infraction for any person to violate this chapter or assist in the violation of this chapter. Violations are subject to the provisions of Chapter 2.06 CCC. Any violation is a public nuisance. Each day a violation exists is a separate violation. Payment of any penalty imposed for a violation does not relieve a person from the duty to comply with this chapter. [Ord. 93-102, § 20, 7-6-93.]

18.10.900 Severability.

Should any section, clause or provision of this chapter be declared by the courts to be invalid, the same shall not affect the validity of the chapter as a whole or any part thereof other than the part so declared to be invalid. [Ord. 4107, § 8.06, 4-14-75.]

18.10.910 Conflicts with other regulations – Effective date.

Where other county regulations are in conflict with this chapter, the more restrictive regulation shall apply and such application shall extend to those specific provisions which are more restrictive.

This chapter is necessary for the immediate preservation of the public’s peace, health and safety and shall take effect April 14, 1975. [Ord. 4107, § 8.07, 4-14-75.]

Code reviser’s note: Ord. 16-167 inadvertently repealed CCC 18.10.660 through 18.10.700. Those sections have been reinstated at the county’s request.