Chapter 17.28
CONDITIONAL USE REGULATIONS
Sections:
17.28.004 Conditional uses—Generally.
17.28.005 Application and fee.
17.28.006 Public hearing notification.
17.28.008 Approval or rejection of application—Standards.
17.28.010 Denial of application—Appeal.
17.28.080 Auto engine, body repair and service stations.
17.28.002 Purpose.
This chapter describes the criteria or conditions to be applied to specific conditional uses as listed in each individual zoning district in which the specific conditional uses are permitted. The uses may be approved by the city council through the conditional use permit process described in this chapter if the standards and criteria of this chapter as the same exist now or may be hereafter amended are met. (Ord. 546 § 2 (part), 1992)
17.28.004 Conditional uses—Generally.
A. Conditional property uses, because of public convenience and necessity and their effect upon the neighborhood, shall be permitted only upon the approval of the city council, after due notice and a public hearing held in accordance with the provisions of this chapter.
B. Permits for conditional property uses shall be signed by the mayor and shall stipulate restrictions or conditions which may include a definite time limit, provisions for a front, side or rear yard greater than the minimum requirements of the Zoning Ordinance, suitable landscaping, off-street parking and any other reasonable restrictions, conditions or safeguards that would uphold the spirit and intent of the zoning code and mitigate any adverse effect upon the neighborhood properties by reason of the use extension, construction or operation allowed.
C. If not otherwise specified by the city council, the conditional use permit shall expire at the end of a period of one year from the time it is granted if the use for which the permit is granted is not substantially established by that time. Any conditional use permit, if granted, shall pertain only to the specific use and specific property of the applicant. In the event of any use of the property not fully described as authorized in the permit which was granted, such permit is void and the use of the property shall immediately be restricted to those permissive uses of the zone in which the property is situated. Any applicant desiring an amendment to an existing conditional use permit must comply with the procedures for approval of a conditional use permit as set forth in this chapter.
D. Any conditional property use shall meet the minimum dimensional standards of the zone in which it is located, as well as the minimum conditions listed in this chapter for specific conditional uses identified herein. (Ord. 546 § 2 (part), 1992)
17.28.005 Application and fee.
The conditional use permit application shall be in the form prescribed by the city clerk-treasurer and shall be accompanied by a nonrefundable fee established by resolution of the city council. No action shall be taken upon the application until a completed application has been received by the city and the fee has been paid. (Ord. 546 § 2 (part), 1992).
17.28.006 Public hearing notification.
A. Before a request for a conditional use permit is acted upon by the city council, the council shall consider the application at a public hearing. Notice of the city council public hearing on the application for a conditional use permit shall identify the property that is the subject of the conditional use permit application, and the date, time and place of the public hearing and contain a general description of the conditional use permit requested.
B. The notice described in subsection A of this section shall be:
1. Mailed to all property owners within three hundred feet of the boundaries of the property to which the conditional use permit application applies at least ten days prior to the public hearing; and
2. At the discretion of the mayor, additional announcement of the public hearing may be given by posting copies of the notice in a conspicuous place at or near the location of the proposal, or by such radio and/or press advertisement as deemed necessary by the mayor.
C. For purposes of mailing notices, the city clerk-treasurer shall compile a list of the names and addresses of the owners of record owning property within three hundred feet of the boundaries of the property that is the subject of the conditional use permit application from the records of the county assessor. Mailing notices to the property owners on the list shall constitute compliance with all notice mailing requirements of this chapter. (Ord. 571 § 4, 1993; Ord. 546 § 2 (part), 1992).
17.28.008 Approval or rejection of application—Standards.
The city council may approve a conditional use permit application only upon finding that:
A. The proposal is compatible with the intent of the comprehensive plan for the city;
B. Traffic patterns are not severely impacted;
C. Public facilities are available to serve the proposed development;
D. The proposal has no materially detrimental effects on neighboring properties due to excessive noise, lighting or other interference with the peaceful use and possession of the neighboring property; and
E. The proposal has been designed to minimize adverse effects on neighboring property. (Ord. 546 § 2 (part), 1992)
17.28.010 Denial of application—Appeal.
A. Any decision of the city council approving or disapproving any conditional use permit, shall be final. Any appeal of a decision of the Council must filed in the Okanogan County Superior Court and served on the city within ten days after the decision of the city council.
B. The cost of transcription of all records ordered certified by the court for such appeal shall be borne by the appellant at the rate prescribed by the administrator of this title. Such costs shall not exceed the amount necessary to reimburse the city for its expenses actually incurred. (Ord. 546 § 2 (part), 1992)
17.28.030 Churches.
A. The minimum building site shall be twenty thousand square feet.
B. Any new church building shall conform with all yard regulations of the use district in which it is to be located.
C. No existing building shall be converted to a church use unless it complies with all conditions.
D. No parking shall be allowed in the front yard of a church site.
E. Church sponsored uses shall comply with all provisions applicable to similar uses. (Ord. 253 Art. 6 (2), 1965)
17.28.040 Public utilities.
A. The need to locate such a facility on a particular site must be clearly demonstrated.
B. Screening may be required by the city council.
C. No outside storage shall be permitted in a residential area. (Ord. 546 § 3, 1992; Ord. 253 Art. 6 (3), 1965)
17.28.050 Schools.
A. Minimum building site shall be one entire block or sixty thousand square feet, whichever is appropriate to the proposed location.
B. Screening and the location of parking and buildings may be regulated by conditions imposed by the city council. (Ord. 546 § 4, 1992; Ord. 253 Art. 6 (4), 1965).
17.28.060 Child care.
Child care usage shall meet the following criteria:
A. Landscaping, screening or fencing, in required yard area of types, quantity and location as required by the city council sufficient to provide visual separation from adjacent residences;
B. Strict compliance with all regulations and restrictions of the licensing requirements for child day-care facilities administered by the Washington State Department of Social and Health Services and all other applicable state and local regulations;
C. Hours of operation shall be limited to the hours between six a.m. and nine p.m. Mondays through Saturdays; and
D. Any likely inconvenience or nuisance generated by the facility such as, but not necessarily limited to noise, shall be considered and the city council may require specific adequate measures be taken to protect nearby residential uses from any such inconvenience or nuisance. (Ord. 571 § 5, 1993)
17.28.070 Bed and breakfasts.
A. The outward appearance of a one-family dwelling shall be maintained.
B. The residential unit must be occupied by the owner.
C. A maximum of four rooms shall be provided for guests.
D. Bed and breakfasts shall be subject to an on-site inspection prior to operation to assure compliance with this section and Okanogan County Health District standards.
E. All retail sales of merchandise or other services other than what is essential to the operation of the bed and breakfast are prohibited.
F. Cooking facilities in the guest rooms or in auxiliary kitchens shall not be provided for the use of guests.
G. Bed and breakfasts shall be allowed to have food service which meets the criteria of WAC 246.215.180, as the same exists now or may be hereafter amended.
H. Off street parking shall be provided as per Section 17.32.010.
I. Signs may be permitted as per Section 17.10.160. (Ord. 668 § 4 (part), 1998)
17.28.080 Auto engine, body repair and service stations.
A. The exterior and surroundings must be maintained in a clean and orderly fashion to enhance and not detract from the neighborhoods.
B. No more than six vehicles may be parked outside the building for more than a seventy-two hour period.
C. No storage of vehicles on streets of public right-of-way.
D. No parts, motors or apparently inoperable vehicles to be stored outside.
E. Residences or outbuildings may not be modified and new construction shall conform to all city and safety standards as well as enhance the neighborhood as much as possible.
F. There shall be a public restroom maintained in a sanitary condition and not used for storage.
G. Structural changes or building additions shall be reviewed by the city council.
H. Noncompliance or violation with these conditions shall be strictly enforced by the city in accordance with Section 17.42.010 of this title. (Ord. 668 § 4 (part), 1998)