Chapter 20.67 CONDITIONAL USES

The intent of this chapter is to allow a land use that, because of its unique characteristics or potential impact on the municipality, surrounding neighbors, or adjacent land uses, may be compatible only if certain conditions are required that mitigate or eliminate the harmful or damaging impacts or, if those impacts or effects cannot be mitigated or eliminated, to prohibit such use. (Ord. 2445 §§ 1, 2 (Exh. A) (part), 2020).

20.67.020 Application – Contents and fee.

A. Only a property owner may file an application for a conditional use permit.

B. Submission Requirements. An applicant for conditional use permit shall submit an application containing the following information:

1. Narrative describing the proposed uses for the site, hours of operation, hours and the frequency of deliveries, and construction schedule.

2. Drawn to scale site plan, showing an accurate representation of the size and shape of the parcel(s), including easements of any kind, all dimensions, and parcel orientation. Include north arrow.

3. Locations, dimensions, and height of all existing and proposed buildings and structures, including garages, carports, decks, patio covers, and other accessory structures. Include dimensions from all structures and from all property lines. Indicate usage of all structures.

4. Location, height, and material of fences, buffers, berms, walls, and other proposed screening. Note the location and dimensions of the area of terraces, decks, shelters, and play areas.

5. Lighting plan. This plan shall show all proposed fixtures on site and within rights-of-way. Show all existing above- and underground power lines.

6. Location and detailed layout of vehicle access, site circulation, off-street parking and loading areas, lighting, landscaping, and buffering as required by Chapter 20.72 CMC. Include all parking stalls, accessible route of travel, proposed ramp, and signage, as required by the most current version of the Washington Administrative Code (WAC) governing accessibility for disabled persons. Include location and screening for proposed solid waste and recyclables storage areas.

7. Provide the total site area, gross floor area by use (e.g., manufacturing, office, retail, storage), itemized number of parking stalls, total lot coverage proposed, and amount of landscaped area.

8. Floor plan showing the gross square footage of each structure and outdoor activity area proposed on the site, including existing structures and outdoor activity areas to be retained. Include a description of the proposed uses of each structure or portions of a structure and each outdoor activity area. Include the location of aboveground utilities and typical elevation drawings of each structure.

9. One set eight-and-one-half-by-eleven-inch plans.

10. Payment of the required processing fee for conditional use permit at the time of filing.

11. Any information deemed necessary to address mitigation for the specific development circumstances. (Ord. 2445 §§ 1, 2 (Exh. A) (part), 2020).

20.67.030 Hearing.

A. Upon the filing of an application for a conditional use permit, the hearing examiner shall set a time and place for a public hearing to consider the application under the provisions of Chapter 20.02 CMC.

B. Notice of any public hearing shall be in accordance with the provisions of Chapter 20.02 CMC. (Ord. 2445 §§ 1, 2 (Exh. A) (part), 2020).

20.67.040 Conditional use permit criteria.

A. Approval Standards. The hearing examiner shall approve, approve with conditions, or deny an application for a conditional use permit or to enlarge or alter a conditional use.

B. The hearing examiner shall be guided by the following criteria in reviewing or granting a conditional use permit:

1. The proposed use shall be in keeping with the goals and policies of the Centralia comprehensive plan, including subarea plans, and applicable ordinances;

2. The applicable requirements of the zoning district and other applicable documents are met except as amended by the conditional use permit or variances requested pursuant to Chapter 20.02 CMC;

3. The proposed use shall not be materially detrimental to the public health or welfare, the environment, or injurious to the property or improvements near the proposed use or in the zoning district in which the subject property is situated. The following shall be considered in making a decision on a conditional use permit:

a. The generation of noise, noxious or offensive odors or emissions, light, glare, traffic, surface water or groundwater pollution, electronic interference, impacts to environmentally sensitive areas or protected species, impacts to historic or cultural resources, or other impacts or nuisances that may be injurious to the public health or welfare or to property or improvements in the vicinity of the proposed use or in the district in which the subject property is situated; and

b. Availability of public service which may be necessary or desirable for the support of the proposed use. These may include, but shall not be limited to, availability of utilities, transportation systems, education, police and fire facilities, and social and health services;

4. The impacts of the proposed use of the site can be accommodated considering size, shape, location, topography and natural features. (Ord. 2445 §§ 1, 2 (Exh. A) (part), 2020).

20.67.050 Imposition of conditions.

The hearings examiner may impose conditions on the approval of a conditional use in addition to or above and beyond those required elsewhere in this Title if it is found 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/or manner of operation;

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

C. Requiring additional setback areas, lot area and/or lot depth or width;

D. Limiting the building height, size or lot coverage, and/or location on the site;

E. Designating the size, number, location and/or design of vehicle access points;

F. Requiring street right-of-way to be dedicated and street(s) to be improved;

G. Requiring additional landscaping, screening, drainage and/or surfacing of parking and loading areas;

H. Limiting the number, size, location, height and/or lighting of signs;

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

J. Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance;

K. Requiring and designating the size, height, location and/or materials for fences;

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

M. Requiring the construction of pedestrian/bicycle pathways in accordance with the adopted pedestrian/bicycle pathway plan. (Ord. 2445 §§ 1, 2 (Exh. A) (part), 2020).

20.67.060 Notification of hearing examiner decision.

Notification of the hearing examiner decision shall be in accordance with the provisions of Chapter 20.02 CMC. (Ord. 2445 §§ 1, 2 (Exh. A) (part), 2020).

20.67.070 Resubmittal of application – Appeal.

The decision of the hearing examiner shall be final unless appealed to the Lewis County superior court in accordance with the provisions of Chapter 20.02 CMC. (Ord. 2445 §§ 1, 2 (Exh. A) (part), 2020).

20.67.080 Frequency of and time limitation on resubmittal of unamended, rejected applications.

The original applicant can resubmit, once, the unamended application three hundred sixty-five days after rejection by the hearing examiner upon payment of the application fee. (Ord. 2445 §§ 1, 2 (Exh. A) (part), 2020).

20.67.090 Time limitations.

A. If the use for which the conditional use permit was granted has not been issued a building permit and/or business license within three hundred sixty-five days of the approval of the hearing examiner the permit shall expire. A specific approval period, as deemed necessary by the nature of the project or the other permits required by the project, may be imposed by the hearing examiner as a condition of the initial permit approval. The hearing examiner may extend the permit for a period of one year.

B. When a conditional use shall cease to be used for that particular use for twelve consecutive months, its use shall be limited to those uses permitted in that particular zoning district. (Ord. 2445 §§ 1, 2 (Exh. A) (part), 2020).

20.67.100 Revocation of conditional use permit.

It shall be unlawful for any person to violate any condition imposed by a conditional use permit. The hearing examiner may revoke any conditional use permit for noncompliance with conditions imposed in the granting of the permit after first holding a public hearing and giving notice of such hearing as provided in Chapter 20.02 CMC. (Ord. 2445 §§ 1, 2 (Exh. A) (part), 2020).

20.67.110 Specific conditional use permit.

Any specific conditional use permit, if granted, shall pertain only to the specific use and specific property for which application was made. Such granted permit does not apply to the applicant for use on any other property he/she may control. (Ord. 2445 §§ 1, 2 (Exh. A) (part), 2020).

20.67.120 Environmental performance standards.

A. Conditional uses shall comply with the environmental performance standards as described in Chapter 20.57 CMC and may be required to comply with stricter standards upon a finding by the city that stricter standards are necessary and reasonable to protect adjacent properties, or the health or general welfare of the community.

B. Specific requirements are established in this chapter for certain conditional uses. In the event that the specific requirements are found to be in conflict with the requirements of the use district in which the conditional use is to be located, the requirements of this chapter shall govern. (Ord. 2445 §§ 1, 2 (Exh. A) (part), 2020).

20.67.130 Minimum conditions.

Any conditional use shall meet the density regulations of the zone in which it is located, as well as the minimum conditions listed in the applicable sections of this chapter. The hearing examiner may impose any additional conditions deemed necessary to ensure the protection of adjacent uses, health, safety, and general welfare. (Ord. 2445 §§ 1, 2 (Exh. A) (part), 2020).

20.67.140 “A” uses.

Animal Clinics and Animal Hospitals.

A. Minimum Conditions.

1. Must meet all applicable licensing requirements of the state;

2. If located within three hundred feet of a residential zone or within a LBD or GC zoning district, all animals must be kept at all times within a fully enclosed building with adequate controls so that animal noises and odor cannot be detected on adjoining property, except in cases when the animals are under the direct control and supervision of an animal clinic, animal hospital staff, or the owner of the animal, while on a leash or similar restraint.

Assisted Living Facility.

A. Minimum Conditions.

1. The authorization for such a use shall be subject to the issuance of a license and/or certification by all appropriate local, state and/or federal agencies, and the use shall be discontinued when any such required license or certification is withdrawn or expired.

2. Except as stricter standards may be required by this chapter, the lot and yard coverage requirements of the zone in which the facility is to be located shall apply.

3. The use of the property shall not result in a concentration of social service facilities that would result in an unreasonable interference with the enjoyment of neighboring property or substantially interfere with the residential character of the neighborhood.

4. Meet the requirements in the underlying zoning district. (Ord. 2445 §§ 1, 2 (Exh. A) (part), 2020).

20.67.150 “B” uses.

Bed and Breakfasts.

A. Minimum Conditions.

1. The use shall be permitted only in owner-occupied residences. “Owner-occupied residence” shall mean a residence in which the fee owner, contract purchaser or life tenant resides for more than eight months per calendar year.

2. Bed and breakfast rooms shall not be located in any structure except the principal residence upon the subject premises. The proposed use shall not require exterior structural alterations of the residence. In order to preserve the residential appearance of the structure, there shall be no exterior evidence of the use other than a permitted sign, up to two hundred forty square inches in area.

3. In addition, the following factors shall be taken into consideration in determining whether to issue a conditional use permit:

a. Parking;

b. Impact on neighbors;

c. Aesthetics;

d. Historical nature of the site;

e. Size of home;

f. Environmental performance standards (CMC 20.67.040).

4. Meet the requirements in the underlying zoning district.

Boarding Houses or Hostels.

A. Minimum Conditions.

2. Boarding houses or hostels shall not be located in any structure except the principal residence upon the subject premises. The proposed use shall not require exterior structural alterations of the residence. In order to preserve the residential appearance of the structure, there shall be no exterior evidence of the use other than a permitted sign, up to two hundred forty square inches in area.

3. In addition, the following factors shall be taken into consideration in determining whether to issue a conditional use permit:

a. Parking;

b. Impact on neighbors;

c. Aesthetics;

d. Historical nature of the site;

e. Size of home;

f. Environmental performance standards (CMC 20.67.040).

4. Meet the requirements in the underlying zoning district. (Ord. 2445 §§ 1, 2 (Exh. A) (part), 2020).

20.67.160 “C” uses.

Child Care of More Than Seven Children.

A. Minimum Conditions.

2. Except as stricter standards may be required by this chapter, the lot and yard coverage requirements of the zone in which the facility is to be located shall apply.

3. The use of the property shall not result in an unreasonable interference with the enjoyment of neighboring property or substantially interfere with the residential character of the neighborhood.

4. Meet the requirements in the underlying zoning district.

Convalescent Care Facility/Nursing Home/Long-Term Care Facility.

A. Minimum Conditions.

2. Except as stricter standards may be required by this chapter, the lot and yard coverage requirements of the zone in which the facility is to be located shall apply.

4. Meet the requirements in the underlying zoning district. (Ord. 2445 §§ 1, 2 (Exh. A) (part), 2020).

20.67.170 “D” uses.

(Ord. 2445 §§ 1, 2 (Exh. A) (part), 2020).

20.67.180 “E” uses.

Enhanced Services Facility.

A. Minimum Conditions.

1. Enhanced services facilities shall not be located within one thousand feet of public parks, playgrounds, recreation/community centers, libraries, child care centers, schools, game arcades, and public transit centers. The method of measuring is from the closest property line to closest property line.

2. The authorization for such a use shall be subject to the issuance of a license and/or certification by all appropriate local, state and/or federal agencies, and the use shall be discontinued when any such required license or certification is withdrawn or expired.

3. Except as stricter standards may be required by this chapter, the lot and yard coverage requirements of the zone in which the facility is to be located shall apply.

4. The use of the property shall not result in a concentration of social service facilities that would result in an unreasonable interference with the enjoyment of neighboring property or substantially interfere with the residential character of the neighborhood.

5. Meet the requirements in the underlying zoning district.

Essential Public Facilities.

A. Minimum Conditions.

1. The following uses are considered essential public facilities, which shall require a conditional use permit as indicated in each individual zone.

a. Airports, landing strips, heliports or helipads.

b. Railroad terminals, switching facilities, maintenance or repair shops, and spurs.

c. Bus terminals.

d. Large scale state or regional transportation facilities (interstate, railroad, etc.).

e. Prisons, jails, and other correctional facilities including but not limited to: jails, juvenile detention facilities, prisons, prerelease facilities, sexual offender secure community transition facilities as defined in RCW 71.09.020, and work release facilities.

f. Solid waste disposal facilities, including transfer stations, incinerators, and sanitary landfills.

2. Provide early notification and involvement of affected citizens and jurisdictions as follows:

a. At least ninety days before submitting an application for an essential public facility, the prospective applicant shall notify the city of Centralia of the general type and nature of the proposal, identify sites under consideration for accommodating the proposed facility and identify opportunities to comment on the proposal.

b. The applicant shall hold a neighborhood meeting with properties within one thousand feet of the proposed project and provide minutes/comments from that meeting and the mailing list.

c. Essential public facilities shall not have any probable significant adverse impact on critical areas or resource lands, except for lineal facilities, such as highways, where no feasible alternative exists.

d. Essential public facility shall not be located within the FEMA floodplain or shoreline area except transportation systems.

e. Essential public facilities which generate substantial traffic should be sited near major transportation corridors.

f. Applicants shall provide an analysis of the alternative sites considered for the proposed facility. This analysis shall include the following:

i. An evaluation of the site’s capability to meet basic siting criteria for the proposed facility, such as size, physical characteristics, access, and availability of necessary utilities and support services;

ii. An explanation of the need for the proposed facility in the proposed location;

iii. The site’s relationship to the service area and the distribution of other similar public facilities within the service area or jurisdiction, whichever is larger;

iv. A general description of the relative environmental, traffic, and social impacts associated with locating the proposed facility at the alternative sites, which meet the applicant’s basic siting criteria. The applicant shall also identify proposed mitigation measures to alleviate or minimize significant potential impacts; and

v. The applicant shall also briefly describe the process used to identify and evaluate alternative sites.

g. Landscaping/Buffers.

i. The applicant shall submit a landscaping plan, which serves to maintain or enhance the character of the area without jeopardizing security. This plan shall incorporate at least a twenty-five-foot landscaping buffer along public rights-of-way;

ii. The applicant shall install an eight-foot-high fence in character with the neighborhood between the facilities and all property boundaries, with the exception of the landscaped street frontage, which effectively screens the site from adjacent properties;

iii. The hearing examiner may waive or lessen this requirement if he/she determines that, due to existing site features or the type of character of adjoining uses, the privacy and security of the occupants of adjoining properties can be maintained in the absence of a fence or with a lower fence.

h. The proposed project shall comply with all applicable provisions of the comprehensive plan, zoning ordinance, critical areas ordinance, and other city regulations.

i. Should any of the above-listed facilities be proposed to be sited in the city, they should be consistent with the intent of the underlying zoning of the proposed site.

j. The hearing examiner may waive or lessen these requirements if it is determined that, due to existing site features or the type of character of adjoining uses.

k. Meet the requirements in the underlying zoning district. (Ord. 2445 §§ 1, 2 (Exh. A) (part), 2020).

20.67.190 “F” uses.

(Ord. 2445 §§ 1, 2 (Exh. A) (part), 2020).

20.67.200 “G” uses.

(Ord. 2445 §§ 1, 2 (Exh. A) (part), 2020).

20.67.210 “H” uses.

(Ord. 2445 §§ 1, 2 (Exh. A) (part), 2020).

20.67.220 “I” uses.

(Ord. 2445 §§ 1, 2 (Exh. A) (part), 2020).

20.67.230 “J” uses.

(Ord. 2445 §§ 1, 2 (Exh. A) (part), 2020).

20.67.240 “K” uses.

Kennels.

A. Minimum Conditions.

1. Must meet all applicable licensing requirements of the city, county, state, or federal government;

2. No off-street parking or loading areas will be allowed in any required yard area, except off-street parking may be allowed in the front yard area;

3. Screening shall be provided on each side of the parking area, which abuts upon or faces across an alley, or any lot in a residential zone;

4. If located in a residential zone or within five hundred feet of a residential zone or LBD zone, all animals must be kept at all times within a temperature-controlled building with adequate controls so that animal noises and odor cannot be detected on adjoining properties. When animals are outdoors and not within a fenced compound, they shall be under the direct control and supervision of the kennel operator or owner of the animal on a leash or similar restraint. An outdoor exercise area may be utilized if it meets the following:

a. Completely enclosed with a six-foot chain link or similar type of fence;

b. The outdoor exercise area shall be set back at least one hundred feet from an adjacent property line; and

c. Waste products shall be cleaned up daily;

5. Meet the requirements in the underlying zoning district;

6. Lots must be three acres or larger if located in a residential district;

7. A maximum of twenty dogs are allowed. (Ord. 2503 § 2, 2022; Ord. 2445 §§ 1, 2 (Exh. A) (part), 2020).

20.67.250 “L” uses.

Long-Term Care Facility.

See “Assisted care facility.” (Ord. 2445 §§ 1, 2 (Exh. A) (part), 2020).

20.67.260 “M” uses.

Multifamily Five-Plus Units.

A. Minimum Conditions.

1. The property must be zoned C-1 and front on either Grand Avenue or Gold or Kresky Streets.

2. The property must be one acre in size or larger.

3. The maximum density of residential units is eight units per acre.

4. The amount of square footage of residential cannot exceed the square footage of commercial on the property or project.

5. The property or project must have existing commercial development on site or construction of at least fifty percent of the commercial square footage in the development must be completed before any building permits will be issued for the construction of residential uses.

6. Parking – two per unit plus guest parking at one stall per every three units; one parking stall per unit must be covered either in a garage or a carport. Shared parking with commercial developments is encouraged for guest parking.

7. Lighting. On-site lighting, including parking lot lighting and illuminated signs, shall be located, directed or designed in a manner to prevent glare on adjacent properties and be designed for pedestrians. All lighting should have similar design elements throughout the development.

8. All building equipment and service areas, including on-grade and roof mechanical equipment and transformers that are readily visible from the public right-of-way, shall be screened from public view.

9. Architectural Character and Materials. A differentiated base will provide human scale through change, contrast, and intricacy in facade form. Scaling elements such as insets and projects serve to break up flat or monotonous facades along with color and a change in materials. Stone or brick are strongly encouraged to break up the base. Colors should be medium to dark earth tones and follow the character of adjacent developments.

10. Entrance and Visual Access. The intent in this district is to encourage pedestrian activity between the public street/sidewalk and buildings. Sidewalks shall provide continuous, uninterrupted interest to the pedestrian by providing visual interest and/or amenities. The use of blank building facade walls is discouraged.

11. Pedestrian amenities such as park benches will be required.

12. All residential projects will be required to have open space (soft or hard) like a plaza, etc.

13. Sidewalks and street lamps installed in the public right-of-way shall be of the type specified in the city’s design and development standards. All parking lot lights will be required to match the city’s standards.

14. Meet the requirements in the underlying zoning district.

15. Design Review. Architectural and building materials review will be critical in this district to ensure that new or remodeled structures maintain an appearance which is highly compatible with adjoining commercial.

16. Stand-alone residential buildings in the floodplain must be constructed a minimum of three feet above the BFE. In buildings that contain a mix occupancy of both commercial and residential the building shall be floodproofed to three feet above the BFE and residential units cannot be on the ground floor. All developments in the floodplain must meet Chapter 16.21 CMC.

17. Every building shall be located on its own lot, with the exception of accessory structures/buildings. Creation of a lot or lots shall meet all requirements of the subdivision and short plat code. (Ord. 2445 §§ 1, 2 (Exh. A) (part), 2020).

20.67.270 “N” uses.

Nursing Home or Skilled Nursing Facility.

See “Convalescent care facility.” (Ord. 2445 §§ 1, 2 (Exh. A) (part), 2020).

20.67.280 “O” uses.

(Ord. 2445 §§ 1, 2 (Exh. A) (part), 2020).

20.67.290 “P” uses.

(Ord. 2445 §§ 1, 2 (Exh. A) (part), 2020).

20.67.300 “Q” uses.

(Ord. 2445 §§ 1, 2 (Exh. A) (part), 2020).

20.67.310 “R” uses.

Recreational Vehicle (RV) Parks.

A. Minimum Conditions.

1. The minimum lot size requirement shall be four acres and be connected to city electric, water, and sewer systems unless the property is located in the city’s urban growth area (UGA);

2. No structure or recreational vehicle site shall be closer than fifty feet to any property line shared with residential use. The setback from a property line shared with nonresidential uses shall be twenty-five feet. The area created by such setback shall be used for landscaping to screen the recreational vehicles from adjoining properties;

3. Landscaping Requirements. The site shall meet the requirements listed in Chapter 20.50 CMC; the buffer areas shall be planted with no less than seventy-five percent evergreen trees no less than eight feet tall and twenty-five percent deciduous trees not less than one and one-half inches caliper;

4. The site shall be fenced as per CMC 20.50.060 when adjacent to residential uses or zone;

5. A commercial playground is required to be installed;

6. Permitted improvements include picnicking areas, boating, fishing, swimming pool, outdoor game area and uses customarily incidental to the operation of the park;

7. Facilities for storage and disposal of trash and garbage in a sanitary manner shall be provided in accordance with CMC 20.50.070;

8. The maximum time any recreational vehicle may stay at the park shall be thirty days. They must then leave the park for a minimum of ten calendar days before they may stay again. The maximum time a recreational vehicle may be allowed to stay at the RV park is one hundred eighty days during any twelve-month period. The only exemption for this condition shall be if the resident manager/owner is living in an RV. They shall be allowed to reside at the RV park year-round;

9. Each recreational vehicle site shall contain a minimum paved parking area of one thousand square feet and be equipped with a picnic table;

10. The RV park shall contain a walking trail system. If a public sidewalk or trail is adjacent to the RV site, the walking trail provided by the RV park must connect to the public trail or sidewalk;

11. The RV park shall be either owner-occupied or have a resident manager on site during operation;

12. The RV park may not be used for tent camping unless it is in conjunction with an RV on site;

13. If the RV park is located in the floodplain or the floodway, the owner of the park must enter into an agreement with the city requiring the evacuation of the site when either the Lewis County emergency management or the city of Centralia emergency management declares an emergency for a Phase I or greater flooding event;

14. Meet the requirements in the underlying zoning district.

Recycling Collection Centers/Salvage Yard.

A. Minimum Conditions.

1. The development must comply with the requirements of Chapter 20.57 CMC, Environmental Performance Standards, and Chapter 10.30 CMC, Nuisances;

2. Adequate off-street loading/unloading areas shall be provided; these areas shall not be located within any required setback or landscaping area;

3. All parking, storage, maneuvering, or loading/unloading areas shall be paved with an impervious material such as asphalt or concrete;

4. The facility shall not cause or allow the emission or generation of any odor from any source, which unreasonably interferes with another person’s use and enjoyment of their property;

5. To minimize wind-blown debris and dust, all areas where recyclable materials are loaded, unloaded, or transferred between containers shall be in an enclosed building;

6. To minimize contact with precipitation and the potential for contamination of runoff, all recyclable materials shall be stored under a roofed area or in containers with lids that are kept closed;

7. Meet the requirements in the underlying zoning district.

Residential care facility.

See “Convalescent care facility.”

Residential Treatment Facility.

A. Minimum Conditions.

2. Except as stricter standards may be required by this chapter, the lot and yard coverage requirements of the zone in which the facility is to be located shall apply.

4. Meet the requirements in the underlying zoning district. (Ord. 2445 §§ 1, 2 (Exh. A) (part), 2020).

20.67.320 “S” uses.

Storage, Manufacture or Sale of Highly Volatile Explosives, or Extremely Hazardous Substances and Off-Site Hazardous Waste Treatment and Storage Facilities.

A. Minimum Conditions.

1. No handling of explosives or radioactive materials that present a potential public health or safety hazard;

2. Site of volatile or hazardous materials may be subject to additional setbacks as appropriate to ensure the protection of residential areas, groundwater supplies, and concentrations of people;

3. The hearing examiner may impose reasonable conditions to assure the public health and safety. Such conditions may include restrictions in hours of operation, transportation routing, material handling, site location, and other operational functions;

4. Meet the requirements in the underlying zoning district. (Ord. 2445 §§ 1, 2 (Exh. A) (part), 2020).

20.67.330 “T” uses.

(Ord. 2445 §§ 1, 2 (Exh. A) (part), 2020).

20.67.340 “U” uses.

(Ord. 2445 §§ 1, 2 (Exh. A) (part), 2020).

20.67.350 “V” uses.

(Ord. 2445 §§ 1, 2 (Exh. A) (part), 2020).

20.67.360 “W” uses.

Wireless Communication Facilities (WCFs).

A. Minimum Conditions.

1. Setbacks. WCFs shall meet the setbacks as per the underlying zoning. No wireless communication facilities site shall be closer than one hundred feet to any property line shared with a residential use.

2. Landscaping Requirements. The site shall meet the requirements listed in Chapter 20.50 CMC.

3. Fencing. The wireless communication facilities site shall be fenced as per CMC 20.50.060.

4. Design. Wireless communication facilities must be designed to complement surrounding structures through the use of muted paint schemes, locating the facility within or on an existing structure or similar means or stealth in nature. The WCF support structures shall be designed and placed on the site in a manner that takes maximum advantage of existing trees, mature vegetation, and structures so as to: (a) use existing site features to screen as much of the total WCF as possible from prevalent views; and/or (b) use existing site features as a background so that the total WCF blends into the background with increased sight distances.

5. Lighting. No lights or signs shall be permitted on a freestanding WCF unless required by the FCC or FAA.

6. Other Protections. The city may require shields to protect from ice falling from towers, anti-climbing devices to prevent unauthorized persons from climbing towers, or other appurtenances necessary to protect life and property.

7. Removal upon Abandonment. The provider of the WCF shall provide the city with notice to the FCC of intent to cease operations and shall remove the obsolete WCF within three months from the date of said notice or when the site has been abandoned as evidenced by the discontinuance of electrical power for more than sixty days. If an abandoned WCF is not removed, the city may have it removed at the provider’s expense.

8. Collocation. Freestanding WCFs must be designed for collocation.

9. Height: one hundred feet.

10. No new freestanding WCF may be constructed within one mile of an existing freestanding WCF, unless it can be demonstrated to the satisfaction of the city that the existing freestanding WCF is not available for collocation of an additional wireless communication facility, or that its specific location does not satisfy the operational requirements of the applicant.

11. All WCFs must meet or exceed current standards and regulations of the Federal Aviation Administration and FCC, and any other agency of the federal government with the authority to regulate WCFs.

Wrecking Yards and Junkyards.

A. Minimum Conditions.

1. No off-street parking or loading areas will be allowed in any required yard area;

2. Landscaping/Buffers.

a. The applicant shall submit a landscaping plan, which serves to maintain or enhance the character of the area without jeopardizing security. This plan shall incorporate at least a twenty-five-foot landscaping buffer along public rights-of-way;

b. The applicant shall install an eight-foot-high fence in character with the neighborhood between the facilities and all property boundaries, with the exception of the landscaped street frontage, which effectively screens the site from adjacent properties. The hearing examiner may waive or lessen this requirement if he/she determines that, due to existing site features or the type of character of adjoining uses, the privacy and security of the occupants of adjoining properties can be maintained in the absence of a fence or with a lower fence;

c. Barbed wire topped fencing shall not be visible from public rights-of-way;

3. All outdoor storage or handling areas must be screened in accordance with the requirements of Chapter 20.50 CMC;

4. All parking, storage, dismantling, or maneuvering areas shall be paved with an impervious material such as asphalt or concrete;

5. The facility shall comply with all applicable federal, state, and county regulations concerning the handling, storage, or disposal of hazardous waste and/or materials. In addition, the requirements of Chapter 20.57 CMC, Environmental Performance Standards, and CMC Title 16, Environment, shall be adhered zoning;

6. Meet the requirements in the underlying zoning district. (Ord. 2445 §§ 1, 2 (Exh. A) (part), 2020).

20.67.370 “X” uses.

(Ord. 2445 §§ 1, 2 (Exh. A) (part), 2020).

20.67.380 “Y” uses.

(Ord. 2445 §§ 1, 2 (Exh. A) (part), 2020).

20.67.390 “Z” uses.

(Ord. 2445 §§ 1, 2 (Exh. A) (part), 2020).