It is the purpose of this chapter to establish review and permit approval procedures for unusual or unique types of land uses, which, due to their nature, require special consideration of their impact on the neighborhood, and land uses in the vicinity. Administrative conditional uses or conditional uses may be located by special permission of the director and/or the hearing examiner under such conditions as the director or the hearing examiner as the case may be may impose.

(Ord. 981 § 1, 2003: Ord. 939 § 20 (part), 2000)

The administrative conditional uses listed in each district shall require an administrative conditional use permit in order to locate or operate in an appropriate zoning district within the city. An administrative conditional use permit runs with the land; compliance with the conditions of such a permit is the responsibility of the current owner of the property, whether that be the applicant or a successor.

(Ord. 981 § 2, 2003)

The conditional uses listed in each district shall require a conditional use permit in order to locate and operate in an appropriate zoning district within the city. A conditional use permit runs with the land; compliance with the conditions of such a permit is the responsibility of the current owner of the property, whether that be the applicant or the successor.

(Ord. 981 § 3, 2003: Ord. 939 § 20 (part), 2000)

A.

Application for administrative conditional use permits or conditional use permits shall be made in accordance with Chapter 17.81 of this code. An application shall not be considered unless and until a written application for said request is submitted to the city containing the following:

1.

Vicinity map;

2.

Name, address, phone number of property owner;

3.

Name, address, phone number of engineer or agent;

4.

Boundaries and dimensions of property;

5.

Adjacent public street;

6.

Easements, existing and proposed;

7.

Location of building, including setbacks;

8.

Location and layout of off-street parking;

9.

Location and size of signs;

10.

Landscape detail;

11.

A narrative statement demonstrating that the requested conditional use conforms to the standards as set forth in Section 17.72.050.

B.

The site plan shall be properly dimensioned and drawn at a scale not less than one inch equals fifty feet. The site plan must be easily reproducible. Two copies of the site plan shall be submitted at the time of application.

C.

The site plan shall be made part of the permit and subsequent building permits and construction activity shall be in accordance with the approved site plan. The director may approve minor adjustments to the site plan.

(Ord. 981 § 4, 2003: Ord. 939 § 20 (part), 2000)

Administrative decisions, public hearing(s) and public notice shall be made in accordance with Chapter 17.81 of this code.

(Ord. 981 § 5, 2003: Ord. 939 § 20 (part), 2000)

The director or hearing examiner as the case may be shall be guided by the following criteria in granting a conditional use permit:

A.

The proposed use will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the proposed use or in the district in which the subject property is situated;

B.

The proposed use shall meet or exceed the performance standards that are required in the district in which the subject property is situated;

C.

The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design;

D.

The proposed use shall be in keeping with the goals and policies of the Woodland comprehensive plan;

E.

All measures have been taken to minimize the possible adverse impacts, which the proposed use may have on the area in which it is located.

(Ord. 981 § 6, 2003: Ord. 939 § 20 (part), 2000)

(Ord. No. 1232, 3-19-2012)

The director or hearing examiner as the case may be may impose conditions on his/her approval of a conditional use, which he/she finds are necessary to ensure the use is compatible with other uses in the vicinity. These conditions may include, but are not limited to, the following:

A.

Limiting the hours, days, place, and manner of operation;

B.

Requiring design features, which minimize environmental impacts such as, noise, vibration, air pollution, glare, odor, and dust;

C.

Requiring additional setback areas, lot area, or lot depth or width;

D.

Limiting the building height, size or lot coverage, or location on the site;

E.

Designating the size, number, location, and design of vehicle access points;

F.

Requiring street right-of-way to be dedicated and the street to be improved;

G.

Requiring landscaping, screening, drainage and surfacing of parking and loading areas;

H.

Limiting the number, site location, height, and lighting of signs;

I.

Limiting or setting standards for the location and intensity of outdoor lighting;

J.

Requiring berming, screening or landscaping and the establishment of standards for their installation and maintenance;

K.

Requiring and designating the size, height, location, and materials for fences;

L.

Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas, and drainage areas.

(Ord. 981 § 7, 2003: Ord. 939 § 20 (part), 2000)

(Ord. No. 1232, 3-19-2012)

A performance bond or other adequate and appropriate security may be required by the director or hearing examiner as the case may be for any elements of the proposed project which the director and/or hearing examiner determines are crucial to the protection of the public welfare. Such bond shall be in an amount equal to one hundred percent of the cost of the installation or construction of the applicable improvements.

(Ord. 981 § 8, 2003: Ord. 939 § 20 (part), 2000)

An application for a conditional use permit which has been denied may not be resubmitted within six months from the date of the director's or hearing examiner's disapproval.

(Ord. 981 § 9, 2003: Ord. 939 § 20 (part), 2000)

(Ord. No. 1447, § 10, 2-3-2020)

A.

Approval of a conditional use by the director and/or hearing examiner shall be void if:

1.

Initial construction of the approved plan has not been started within a one-year period; or

2.

Construction on the site is a departure from the approved plan.

B.

The development review committee, upon written request by the applicant, may grant one extension of the approval period not to exceed one year provided that:

1.

No changes are made on the original conditional use plan as approved by the director and/or hearing examiner;

2.

The applicant can demonstrate that construction will be substantially complete on the site within the one year extension period; and

3.

There have been no changes to the applicable comprehensive plan policies and zoning ordinance provisions on which the approval was based.

C.

A conditional use permit shall be reviewed annually by a designated city official to ensure proper compliance with all permit provisions and conditions. At any time, if a permit is found to be in violation of permit conditions, the director and/or hearing examiner is empowered to review the permit and findings of the appropriate city official and, if deemed necessary, issue an order requiring compliance with the permit or revoke the permit.

D.

Notice of the decision shall be provided to the current permit holder and or owner of the property.

(Ord. 981 § 10, 2003: Ord. 939 § 20 (part), 2000)

A.

Adult Day Care Home Facilities Serving More than Six Adults and Day Care Facilities.

1.

Meet all applicable Washington Association of Adult Day Center and Child Day Care guidelines;

2.

Comply with all building, fire, safety, health code and business licensing requirements;

3.

Conform to lot size, building size, setbacks, and lot requirements of this chapter except if the structure is a legal nonconforming structure;

4.

Comply with the applicable provisions of the sign code of this title;

5.

Make no structural or decorative alteration which will alter the single-family character of an existing or proposed residential structure which would make it incompatible with surrounding residences, if located in a residential structure;

6.

When a day care facility is proposed to be located in the light industrial (I-1) or heavy industrial (I-2) zoning district, it shall be approved only when: (a) it is located in a building that has in it one or more of the outright permitted uses in the light industrial (I-1) zoning district as outlined in Section 17.44.020; and (b) it is used only for the on-site employees so it does not generate additional traffic. Provide a site access to the day care facility that is separate from the access to the industrial use(s) to ensure the safety of facility users.

B.

Churches, convents, monasteries and other religious institutions and associated accessory structures including, but are not limited to, assembly rooms, kitchen, library room or reading room, nurseries, recreation hall, adult day care, child day care, Sunday school rooms, private primary and secondary school facilities, and a one-family dwelling unit for use by church officials. In addition to meeting the criteria of Chapter 17.72 of this code, new accessory one-family dwelling units shall be placed on-site with sufficient distance between structures and in a manner that would allow for future subdivisions that would result in separate lots for the dwelling and church;

C.

Duplex on an individual lot that meets the following criteria in addition to the criteria of Chapter 17.72 of this code:

1.

No duplex shall neighbor another except a duplex lot can share a rear lot line with another duplex lot. A single-family dwelling that adds an accessory dwelling unit is not considered a duplex;

2.

The duplex lot shall be one hundred forty percent of the minimum lot size of the LDR district where the property is located;

3.

No more than twenty percent of the lots in a new subdivision shall be duplex lots;

4.

Duplex lots formed as part of a subdivision (Title 16, Article I) shall meet the criteria of this section but shall be approved as part of the subdivision application and do not need to receive a conditional use permit. No duplex can be located on an existing lot nor can a duplex lot be created by a short subdivision (Title 16, Article II) without a conditional use permit;

5.

A duplex shall be designed in a manner to complement the surrounding single-family homes in terms of scale, bulk, height, etcetera.

D.

Recreational Vehicle Camper Park.

1.

Signs. One single-faced or double-faced wall or freestanding park identification sign is permitted. Such sign shall be a maximum of thirty-six square feet in gross area per face and may be illuminated by indirect lighting only. Additional entrance and exit signs, one per entrance/exit and two square feet in area, each are permitted;

2.

Camper Space. There shall be a minimum of seven hundred fifty square feet of site per camper vehicle space;

3.

Sewer and Water. In all cases, camper parks shall be required to be served by public sewer and water systems. Restrooms, bath, and shower facilities shall be provided and shall meet all State Department of Social and Health Services standards;

4.

Open Space. Camper parks shall allocate at least twenty percent of the total site as usable open space or recreation area for use by the park's patrons;

5.

Residences. One residence or residential structure is allowed for use by the owner or manager of the camper park;

6.

Occupancy. No one camper unit shall occupy a camper site for more than ninety consecutive days per year. This standard shall not permit a camper to be moved off-site for one day or so and moved back in thereafter;

7.

Camper parks must meet all applicable state regulations and standards related to the operation and maintenance of recreational vehicle facilities.

E.

Veterinary Offices and Clinics with Outside Animal Runs.

1.

All buildings and structures shall meet the dimensional standards, parking requirements, and applicable supplementary provisions of the C-2 district;

2.

Outside animal runs are considered to be an integral part of the main office or building on the property and shall meet the appropriate setbacks;

3.

Animals, especially dogs, shall be kept indoors between the hours of eight p.m. and eight a.m. As determined by the hearing examiner, offices and clinics with outside animal runs which are adjacent to any residential district may be required to take special soundproofing measures and/or additional fencing or screening to minimize disturbance of nearby residents.

F.

Bed and Breakfast Inns.

1.

The owner of the property shall be the operator of the bed and breakfast inn and shall reside in the dwelling unit. No person other than members of the immediate family residing in the dwelling unit are to be engaged in the operation of the bed and breakfast inn;

2.

Travelers or transient guests may not stay longer than thirty consecutive days;

3.

The owner/operator of the bed and breakfast inn shall comply with the requirements and regulations of Chapter 70.62, Revised Code of Washington, "Transient Accommodations—Licensing—Inspections," Chapter 212-52, Washington Administrative Code, "Transient Accommodations, Standards for Fire Protection," and Chapter 248-144, Washington Administrative Code, "Transient Accommodations";

4.

No entrance to the space devoted to lodging units other than from within the dwelling unit shall be allowed except when otherwise required by law;

5.

Food shall be served only to registered overnight guests of the bed and breakfast inn. The owner/operator shall acquire the applicable permits and licenses related to preparing, storing and serving food from the Cowlitz health department.

G.

Sexually-Oriented Businesses.

1.

Conditions of Approval. Sexually-oriented businesses may be permitted as indicated in Sections 17.44.025 and 17.46.035 of this code but only if the following conditions are met:

a.

No sexually-oriented business shall be located east of the Northern Pacific Railroad Mainline or within two thousand feet of Dike Road;

b.

No sexually-oriented business shall be located closer than one thousand feet to another sexually-oriented business whether such facility is located within or outside the city limits. Such distance shall be measured by following a straight line from the nearest point of entry into the structure which will house the proposed sexually-oriented business to the nearest point of entry into the structure housing another sexually-oriented business;

c.

No sexually-oriented business shall be located closer than five hundred feet to any of the following uses whether such use is located within city corporate limits or within Cowlitz county:

i.

Public or private primary or secondary schools, colleges and universities,

ii.

Preschool facility,

iii.

Day care center,

iv.

Public library,

v.

Church, temple or synagogue or other facility primarily devoted to the teaching or practice of religious beliefs,

vi.

Public parks,

vii.

Bike or pedestrian paths or trails not associated with vehicle right-of-way,

viii.

Any residential use;

d.

In the event one or more of the uses denominated in subsection (G)(1)(c) of this section locates within five hundred feet of a sexually-oriented business after the sexually-oriented business has commenced operation, such sexually-oriented business shall be deemed a nonconforming use only if the subsequently established use is situated within three hundred feet of a sexually-oriented business;

e.

Such distance shall be measured by a straight line distance between the point of public entry into the structure housing the sexually-oriented business and:

i.

The nearest point on the property line of a public park or bike or pedestrian path or trail; or

ii.

The nearest point of public entry or point on a property line, whichever is closer, of public or private primary or secondary schools, colleges and universities, a preschool facility, day care center, public library, church, temple or synagogue or other facility primarily devoted to the teaching or practice of religious beliefs, or any residential use.

In the case of any use utilizing leased area or facilities, "property line," shall refer only to such leased area or facility;

2.

Building Facade. All sexually-oriented business building facades, exteriors, and exits must be indistinguishable from surrounding buildings. Illustrations depicting partially or totally nude males and/or females shall not be posted or painted on any exterior wall or sign of a building used for a sexually-oriented business, or on any door, sign or apparatus attached or pertaining to such building;

3.

Signs. Signs shall be permitted as allowed in accordance with Section 17.46.130 and Chapter 17.52 of this code with the following exceptions:

Height. No sign for a sexually-oriented business shall exceed a height of twenty feet from ground level to the top of the sign;

4.

Parking and Lighting Regulations. On-site parking shall be required and regulated in accordance with Chapter 17.56 of this code, and in addition shall meet the following requirements:

a.

All on-site parking areas and premise entries of sexually-oriented businesses shall be illuminated from dusk until an hour past closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot candle of light on the parking surface and/or walkways. An on-premise exterior lighting plan shall be presented to the city building department for approval prior to the operation of any sexually-oriented business;

b.

All parking must be visible from the fronting street. Access to the exterior rear of the building shall be denied to any persons other than employees and public officials during the performance of their respective duties and tasks by means of fencing as approved by the city building department;

5.

Number of Permitted Uses Per Structure. There shall be no more than one sexually-oriented business operating in the same building, structure, or portion thereof. In addition, there shall be no other nonsexually-oriented business operating in the same structure, building, or portion thereof in which a sexually-oriented business is currently operating;

6.

Sexually-Oriented Business—Forbidden in Other Zones. The allowance of adult arcades, adult bookstores, adult novelty stores, adult video stores, adult cabarets, adult motion picture theaters, adult theaters, sexual encounter establishments, nude or semi-nude model studios, escort agencies or adult motels shall be limited to the light industrial and heavy industrial districts and such uses are forbidden in all other zoning districts within the city;

7.

Sexually-Oriented Business—Pre-existing Sexually-Oriented Businesses. Sexually-oriented businesses existing prior to the adoption of the ordinance codified in this chapter shall be considered a nonconforming use and shall not be subject to the distance requirements set forth in subsection (G)(1) of this section, but shall be subject to the provisions of Chapter 17.60 of this code.

H.

Vending Stand or Kiosk. Vending or kiosk (e.g., espresso stands), either portable or permanent may be permitted with an approved administrative conditional use permit to site in the Highway Commercial (C-2) District, the Neighborhood Commercial (C-3) District, the Light Industrial (I-1) District, and the Heavy Industrial (I-2) District subject to the following conditions:

1.

Portable vending stands, permitted under this subsection shall not exceed one hundred square feet in area. All vending stands shall provide adequate trash receptacles and shall not be located within any required yard area;

2.

Placement of any vending stand or kiosk shall not be located on an established site which is nonconforming with this title's parking standards as to required dimensions or access/egress configurations such that siting the stand may exacerbate a substandard vehicle circulation situation. Further no vending stand shall occupy any parking stall of an establishment which is now nonconforming with this title's parking standards for number of stalls so as to result in a net loss of parking;

3.

Any such vending stand or kiosk, which is intended to cater to motorists, shall be located on a site in a manner so as to allow safe and convenient vehicular access and egress.

I.

Commercial Vehicle Dispatch and Maintenance Facility.

1.

All buildings and structures shall meet the dimensional standards, parking requirements, and applicable supplementary provisions of the C-2 district;

2.

Commercial dispatch and maintenance facilities may be permitted in the Highway Commercial (C-2) District with an approved conditional use permit and shall be required to meet the requirements of Chapter 17.36, together with conditions as set forth by the hearing examiner.

J.

Retreat Center.

1.

Food and beverage service shall be for registered and invited individuals and groups only. The owner/operator shall acquire the applicable permits and license related to preparing, storing and serving food from the county health department.

2.

Retreat centers shall have immediate and direct ingress and egress access to no less than one publicly dedicated road. Patron, delivery and service access to the site shall be from such ingress and egress access.

3.

The retreat center shall be located on a single lot or multiple lots under single ownership of no less than two acres.

4.

A maximum of six guest bedrooms shall be allowed for a retreat center situated on two acres. For every additional acre of land, one additional guest bedroom is allowed.

5.

The owner or proprietor of the retreat center must reside on the premises.

6.

Signage shall be that allowed to a home occupation business as regulated under WMC 17.52.

7.

Retreat center guests shall not stay more than seven consecutive days at the facility.

(Ord. 981 § 11, 2003: Ord. 941 § 3, 2001; Ord. 939 § 20 (part), 2000)

(Ord. No. 1186, § 1, 6-7-2010; Ord. No. 1232, 3-19-2012; Ord. No. 1437, 7-1-2019)