The purpose of this chapter is to promote the health, safety, and welfare of the general public by establishing standards for the location, development, and operation of wrecking yards. Such standards will help ensure that wrecking yards are sited in appropriate locations, are developed in a way that will minimize unsightliness, and are operated in a safe manner and in accordance with applicable laws and regulations.
(Ord. 89-184 § 2, 10-30-1989)
For the purpose of this chapter certain terms and words shall be defined as follows:
"Board"
means Board of County Commissioners of Cowlitz County.
"Department"
means Cowlitz County Department of Building and Planning.
"Director"
means the Director of the Department.
"Motor vehicle wrecker"
means a person, firm, partnership, association, or corporation engaged in the business of buying, selling, and/or dealing in vehicles of a type required to be licensed under the laws of this state, for the purpose of wrecking, dismantling, disassembling or substantially changing the form of any motor vehicle, or who buys or sells integral secondhand parts of component material thereof, or who deals in secondhand motor vehicle parts.
"Permit"
means a wrecking yard permit.
"Planning Commission"
means Cowlitz County Planning Commission.
"Pre-existing wrecking yard"
means a wrecking yard existing in the unincorporated portion of Cowlitz County on the effective date of the ordinance codified in this chapter.
"Public notice"
means, at a minimum: (1) publishing notice of the hearing once, at least seven days before the hearing, in a newspaper of general circulation within Cowlitz County; (2) mailing at least seven days' advance notice of the hearing to the applicant, the owner and operator of the wrecking yard, and the appellant (whichever apply); and (3) mailing at least seven days' advance notice of the hearing to every person who has submitted a written request therefor.
"Wrecking yard"
means an enclosure, building, structure, or area used by a motor vehicle wrecker in the conduct of his or her business.
(Ord. 89-184 § 3, 10-30-1989)
No person shall construct, expand, or operate a wrecking yard in the unincorporated portion of Cowlitz County without first obtaining a permit under this chapter. No permit is required for a pre-existing wrecking yard, provided: (A) the wrecking yard has all approvals and licenses required by Ordinance 697, as amended; (B) a permit under this chapter shall be obtained before the area comprising the wrecking yard is expanded; and (C) the wrecking yard is operated in accordance with the standards contained in CCC § 18.16.050. A permit required for the expansion of a pre-existing wrecking yard shall apply only to the area comprising the expansion.
(Ord. 89-184 § 4, 10-30-1989)
Every proposed wrecking yard must meet the following site standards:
A. 
Use of the property as a wrecking yard must be authorized under the Cowlitz County Zoning Code; if the proposed location is unzoned, such use must be authorized under the Cowlitz County Comprehensive Plan.
B. 
The proposed location must contain at least two acres.
C. 
The proposed location must be at least 200 feet from any river, stream, lake, or wetland, provided that the Planning Commission may authorize a lesser setback if it determines that such a setback will not adversely affect the river, stream, lake or wetland or the use or enjoyment thereof by any other person or the public.
D. 
The proposed location in its entirety must be at least 200 feet from any state highway or primary or secondary county arterial highway.
E. 
If any portion of the proposed location is within 1,000 feet of the nearest edge of the right-of-way of any interstate or federal-aid primary highway, the wrecking yard must be screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main-traveled way of such highway or to otherwise be removed from sight; provided, that the requirements of this subsection shall not apply where the wrecking yard in its entirety:
1. 
Is located in an area zoned MH under the Cowlitz County Zoning Code; or
2. 
Is located in an "unzoned industrial area" as defined in WAC 468-74-010, as now or hereafter amended.
F. 
Every wrecking yard must be completely enclosed by a wall or fence that is at least eight feet high and that obscures the wrecking yard from public view. Such wall or fence shall be painted or stained in a neutral shade to blend with surrounding premises. Any fence made of chain link must include slats or other construction that will prevent public view of the wrecking yard. A living hedge at least eight feet high and with sufficient density to prevent public view of the wrecking yard may be substituted for the wall or fence. All walls, fences, and other enclosures shall be kept in good repair. Dying portions of any hedge shall be replaced.
(Ord. 89-184 § 5, 10-30-1989)
Every person owning or operating a wrecking yard shall comply with the following requirements:
A. 
Scrap, parts, and other materials stored outside shall not be piled to heights above the wall, fence, or hedge enclosing the wrecking yard.
B. 
Acids, gasoline or other flammable materials or toxic materials shall not be drained or deposited onto the ground.
C. 
Burning of any materials is forbidden.
D. 
All solid wastes and hazardous wastes shall be handled, treated, and disposed of in compliance with all applicable federal, state, and local laws and regulations.
E. 
Premises and records shall be maintained in a neat and orderly manner, and shall be open to inspection at all reasonable times by the Department, the Cowlitz-Wahkiakum Health District, the fire protection/abatement authority, and the Washington State Patrol.
F. 
The owner and operator of any wrecking yard shall maintain all permits, licenses, and approvals necessary for the operation of the wrecking yard. The development and operation of the wrecking yard shall comply with all applicable federal, state, and local laws and regulations.
(Ord. 89-184 § 6, 10-30-1989)
A. 
The Director shall be responsible for administering this chapter.
B. 
Any person may meet with the Department staff before applying for a permit, in order to discuss wrecking yard requirements, location options, and the permit process.
C. 
Applications for permits shall be filed with the Department on forms the Department shall provide.
D. 
A completed application form must be signed by the owner(s) of the property upon which the wrecking yard is proposed to be located, and by the owner(s) and operator(s) of the proposed wrecking yard. The completed application must be accompanied by:
1. 
Two copies of plans for the wrecking yard, including a site development plan drawn at a scale of not less than one inch equals 200 feet, and a general vicinity sketch showing the proposed wrecking yard in relation to the surrounding area; and
2. 
The application fee, the amount of which shall be set from time to time by resolution of the Board.
E. 
The Department shall notify the following persons and agencies of the application:
1. 
County Engineer, Cowlitz-Wahkiakum Health District, Washington State Department of Ecology, Washington State Patrol;
2. 
Washington State Department of Transportation, when any portion of the proposed wrecking yard would be located within 1,000 feet of the right-of-way of any interstate or federal-aid primary highway, or any state highway;
3. 
Any city that adjoins or is within one mile of any portion of the proposed wrecking yard;
4. 
All persons owning property within 300 feet of any portion of the proposed wrecking yard;
5. 
Any other agency or persons deemed appropriate by the Director.
Failure to provide such notice shall not deprive the Department, the Planning Commission, or the Board of jurisdiction to process the application.
(Ord. 89-184 § 7, 10-30-1989)
Once the applicant has provided all information required by this chapter, the Department shall investigate the proposal and prepare a report to the Planning Commission. The report shall discuss how the proposal complies with this chapter and shall include the Department's recommendation. The Department shall schedule the proposal for a public hearing by the Planning Commission and give public notice thereof.
(Ord. 89-184 § 8, 10-30-1989)
A. 
The Planning Commission shall conduct a public hearing on the application. The applicant and any other interested person may attend, testify, and submit written materials. If the Planning Commission finds that the proposal will comply with this chapter it shall approve the application, subject to such conditions as it deems appropriate to best carry out the purposes of this chapter. The provisions of the State Environmental Policy Act, Chapter 43.21C RCW, shall supplement the Planning Commission's authority to approve, condition, or deny an application. The Planning Commission shall issue its decision in writing within 15 days of the conclusion of the public hearing. The Department shall mail copies of the decision to the applicant and other interested persons. A written decision approving an application, with or without conditions, shall constitute the permit. The Planning Commission's decision may be appealed under CCC § 18.16.110.
B. 
The applicant shall have one year from the date the permit is issued to complete any screening required by CCC § 18.16.040(E), the enclosure required by CCC § 18.16.040(F), and any other site requirements of this chapter or the permit. The one-year period shall begin on the date the Planning Commission issues its written decision; if such decision is appealed, the one-year period shall begin on the date the appeal is finally resolved. Upon written request of the applicant made prior to the expiration of the one-year period, the Director may grant one one-year extension if the Director finds that the applicant has made substantial progress towards completion and has not abandoned the work. The Director's decision granting or denying an extension shall be in writing, and may be appealed under CCC § 18.16.110. If the requirements described in this subsection are not completed within the initial one year nor within any extension, the permit shall lapse automatically and shall thereafter be null and void.
C. 
No operations may be conducted at the wrecking yard until the Director or his or her designee has inspected the premises and certified in writing that the wrecking yard complies with all requirements of this chapter and the permit. It is the permit holder's responsibility to request such inspection and certification.
D. 
A permit shall apply to the property on which the wrecking yard is located, and shall remain valid for such property notwithstanding changes in ownership of the property or of the wrecking yard, or changes in the identity of the operator. Any subsequent owner or operator shall be bound by the provisions of this chapter and the permit. No subsequent owner or operator shall be entitled to receive any written notice provided for by this chapter until such owner or operator advises the Department in writing of his or her name, address, and status with respect to the wrecking yard.
(Ord. 89-184 § 9, 10-30-1989)
The Director shall enforce the provisions of this chapter. The Director and any employee of the Department may enter any wrecking yard at any reasonable time to inspect for compliance with this chapter. The filing of an application for a permit or the operating of any wrecking yard constitutes consent to such entries and inspections.
(Ord. 89-184 § 10, 10-30-1989)
In addition to the authority to issue notices of infraction under CCC § 18.16.120, the Director may suspend or revoke any permit for cause, including continued, repeated, or major violations of this chapter. Unless immediate action is necessary to respond to an imminent threat to public health or safety, the Director shall give the wrecking yard owner and operator prior written notice of the action contemplated and the reasons therefor. Such written notice shall inform the wrecking yard owner and operator that they may respond in person and/or in writing and shall give a deadline for their response. After considering any response the Director shall decide whether or not to revoke or suspend the permit. Any notice of revocation or suspension shall be in writing and shall be served on the owner and operator personally or by certified mail, return receipt requested. The owner and operator shall cease all wrecking yard operations immediately upon service of the notice; a notice sent by mail shall be deemed served on the third day after mailing. A notice of revocation or suspension may be appealed under CCC § 18.16.110. The filing of an appeal shall stay the revocation or suspension until the appeal is finally resolved, except that the Board and any reviewing court may order the revocation or suspension continued while the appeal is pending if necessary to protect against an imminent threat to public health or safety.
(Ord. 89-184 § 11, 10-30-1989)
A. 
The following decisions may be appealed to the Board: (1) a decision of the Planning Commission approving, denying, or approving with conditions an application for a permit; (2) a decision by the Director granting or denying an extension of time under CCC § 18.16.080(B); and (3) a decision by the Director revoking or suspending a permit. Any person aggrieved by one of the above decisions may file an appeal. Any appeal shall be in writing and filed with the Department within 15 days of the date stated on the document containing the decision being appealed. The appellant shall provide a brief written description of the basis for the appeal; this may be included in the notice of appeal itself, but if it is not the Department shall notify the appellant in writing of such requirement, and the appellant must file the description with the Department within 15 days of the date of the Department's notice. If the notice of appeal is timely filed and the appellant has timely provided a description of the grounds, the Department shall transmit the record to the Clerk of the Board, who shall schedule a public hearing on the appeal and give public notice thereof.
B. 
The Board shall hold the public hearing and conduct a de novo review of the decision being appealed. The Board may affirm, reverse, or modify the decision. The Board shall issue its decision in writing not later than 15 days after the conclusion of the public hearing. The Clerk of the Board shall mail copies of the decision to the appellant and other interested persons.
(Ord. 89-184 § 12, 10-30-1989)
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 § 22, 7-6-1993)