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