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. 4107 § 5.01.01, 4-14-1975; Ord. 16-167 § 2(b), 12-13-2016; Ord. 24-042 § 7, 5-14-2024)
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. 4107 § 5.01.02, 4-14-1975; Ord. 95-193 § 5, 12-4-1995; Ord. 02-044 § 3, 2-26-2002; Ord. 24-042 § 8, 5-14-2024)
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, 5-14-2024)
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, 5-14-2024)
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, 5-14-2024)
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. 4107 § 5.01.03, 4-14-1975; Ord. 95-193 § 6, 12-4-1995; Ord. 02-044 § 4, 2-26-2002; Ord. 24-042 § 13, 5-14-2024)
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. 4107 § 5.01.04, 4-14-1975; Ord. 95-193 § 7, 12-4-1995; Ord. 02-044 § 5, 2-26-2002)
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. 81-664 § 1, 7-20-1981; Ord. 02-044 § 6, 2-26-2002; Ord. 16-167 § 2(c), 12-13-2016)
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, 2-26-2002)