Special Property Use in Downtown Commerce District

The City of Longview has established a procedure that allows certain types of land use to exist within the D-C, Downtown Commerce Zoning District. 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.

Special Property Use Permits in the Downtown Commerce (D-C) Zoning District are permitted only after a public review and recommendation by the Planning Commission. The Planning Commission forwards their recommendations on the Permit application to the City Council. The City Council may grant the Special Property Use Permit, after a duly publicized public hearing conducted by the Planning Commission, and the entering of findings, in accordance with Longview Municipal Code Section 19.52.030.

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 those uses permitted that are identified in Longview Municipal Code Section 19.52.020. 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.
3. Legal description of the property.

1. Application Form

All written material must be placed on the Special Property Use in the D-C District 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. 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 Longview Planning Commission 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 Planning Commission meets on the first Wednesday of each month, in the Council Chambers, at 7:00 pm. The Planning Commission sets its own agenda. The completed application is brought to the Planning Commission for scheduling on a future meeting agenda. The public hearing will be held on the date the Commission establishes. The applicant or agent must be present at the public hearing.

The public hearing before the Planning Commission 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 Planning Commission. The chairperson then asks if the applicant would like to make a presentation in support of the Special Property Use Permit request. The Commission 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 Planning Commission renders a decision. The Planning Commission may recommend approval of the Special Property Use Permit application, or the Commission may deny the application.

The Planning Commission serves in an advisory capacity to the City Council. Applications for Special Property Use Permits that are recommended for approval are forwarded to the City Council for review and action. Applications for Special Property Use Permits that are denied by the Planning Commission are not forwarded to the City Council, unless a petition to have the matter heard before the City Council is filed with the City Clerk within 30 days of the Planning Commission's decision.

The City Council may approve the Special Property Use Permit without a public hearing by placing it on their consent agenda. If the City Council wishes to discuss the item, they will conduct a public hearing prior to taking action on the application. The City Council public hearing is generally conducted 15-30 days after the Planning Commission public hearing.

The hearing format generally begins with a brief staff report outlining the request and notes the recommendations imposed by the Planning Commission. The Council may ask questions of staff after the presentation. The Mayor may ask if the applicant would like to make a presentation or to respond to any questions the Council may have. After this, public comments both for and against the proposal are heard. When all discussion and questions on the Special Property Use Permit have been completed, the Council renders a decision. The Council's decision is immediately final and binding.

Rev. 8 / 2004