Special Property Use by Appeal Board

The City of Longview has established a procedure that allows certain types of land use to exist within certain zoning districts, after a public review by the Appeal Board of Adjustment. This procedure is known as a Special Property Use Permit. The Special Property Use Permit procedure is a simple process that begins by contacting the Community Development Department. Applications for Special Property Use Permits are reviewed and decided in a public hearing by the Appeal Board of Adjustment.

This form is to be used to apply for a Special Property Use Permit in all zoning districts except the D-C Downtown Commerce Zoning District. Information regarding Special Property Use Permits in the D-C Downtown Commerce Zoning District is addressed on Handout #15.

Special Property Use Permits may set forth in writing any restrictions or conditions, which may include but not be limited to a definite time limit, provisions for front, side or rear yard setbacks greater than the minimum requirements specified by the City's Zoning Ordinance, suitable landscaping, off-street parking, and any other reasonable restrictions, conditions or safeguards that would mitigate any adverse effect upon neighboring properties in the zoning district by reason of the use extension, construction, or operation allowed.

If not otherwise specified by the Appeal Board of Adjustment, a Special Property Use Permit shall expire at the end of a period of six (6) months from the time it is granted unless a building permit an d/ or a certificate of occupancy are not secured within this time frame. A request for a six (6) month extension of time may be granted, if progress is being made to secure the appropriate permits. Special Property Use Permits are not transferable, and shall pertain only to the specific use and specific property of the applicant. Any permit granted shall become void if any change in use of the property occurs which was not fully described as authorized in the Special Property Use Permit. In such event, the use of the property shall immediately be restricted to the uses permitted that are identified in Title 19 of the Longview Municipal Code for the applicable zoning district. Any applicant desiring an amendment to an existing Special Property Use Permit must comply with the procedures for approval of a Special Property Use Permit as set forth in the Longview Municipal Code.

What you will need:

1. Special Property Use application form, completed and signed by the property owner or authorized agent.
2. Scaled drawing of your property with existing buildings and proposed new construction or improvements to be built or used in conjunction with the special property use. Improvements shown should include all buildings, landscaping and off-street parking. Legal description of the property.
3. Non-refundable filing fee of $300.00.

1. Application Form

All written material must be placed on the Special Property Use Permit application form.   The property owner(s) name(s), applicant(s) name(s) and agent, if applicable; addresses and daytime phone numbers are also required.   A brief description of the land use requested and the address where it will occur also needs to be included.

2. Scaled Drawing

A scaled drawing of the property parcel and improvements proposed for the property must be submitted. All existing buildings, proposed buildings, landscaped areas, and improvements to be used in conjunction with the business should be shown on the scaled drawing. Setback dimensions from all property lines to buildings must also be included, along with the dimensions of the property. Parking areas and calculations must also be shown. If parking is proposed to be accommodated within an off-site or municipal parking lot, the lot number, location of the lot, the distance from the farthest point of the lot to the business entrance and the number of parking spaces that are available within the lot must also be shown.

3. Legal Description

The legal description for the property must also be included in the application materials. Legal descriptions of property parcels are generally available to the public from either the Cowlitz County Assessor's Office or Auditor's Office.

4. Filing Fee

At the time of application submittal, a $300.00 non-refundable filing fee must be paid to the City of Longview in the form of cash or check only. If you are writing a check, make payment to the City of Longview. The City of Longview does not accept credit cards.

5. Procedure

The procedure begins when a completed application has been filed with the Community Development Department. The applicant should anticipate that the required public hearing before the Appeal Board of Adjustment will be held approximately 30-60 days following City receipt of the completed application. The 30 to 60 day lead time enables the City Staff to properly prepare a legal notice of the application, publish it in a newspaper of general circulation, send legal notices through the mail to all property owners within 300 feet of the proposed action at least 10 days prior to the public hearing as required by City Ordinance, post the subject property with a legal notice of proposed land use action and to analyze the appropriateness of the proposed use and prepare a staff report of findings, conclusions and recommendations on the application.

The Appeal Board of Adjustment meets on the second Tuesday of each month, in the Council Chambers on the second floor of City Hall, at 4:30 pm. The applicant or agent must be present at the public hearing.

The public hearing before the Appeal Board of Adjustment generally begins with the presentation of the staff report of findings, conclusions and recommendations by the City's Principal Planner, followed by questions by the members of the Board. The chairperson then asks if the applicant would like to make a presentation in support of the Special Property Use Permit request. The Board may ask questions of the applicant.

After the applicant's presentation, public comments both in support of and against the Special Property Use Permit proposal are heard. When all discussion and questions on the matter have been completed, the Appeal Board of Adjustment renders a decision. The Board may recommend to approve the Special Property Use Permit application, approve it with conditions, or the Board may deny the application. The Board's decision is immediately final and binding.

If you disagree with the Board's decision, you may appeal the decision to the Cowlitz County Superior Court in accordance with Longview Municipal Code Section 19.12.170.

Rev. 8 / 2004