Chapter 17.52
CONDITIONAL USES
Sections:
17.52.050 General requirements.
17.52.070 Recreational vehicle parks.
17.52.100 “Type B” home occupations.
17.52.150 Utility uses/structures.
17.52.010 Purpose.
Conditional uses, because of public convenience and necessity and their effect upon the neighborhood, shall be permitted only upon the approval of the hearing examiner, after due notice and public hearing, and a finding that they will not be detrimental to the general comprehensive plan or to adjacent and surrounding property. The purpose of this chapter is to establish the minimum criteria for evaluating conditional use permit applications, and to establish general as well as specific standards that must be met by conditional use permit proposals. (Ord. 07-012 § 1).
17.52.020 Permit required.
A conditional use may be approved when authorized by this title when findings required by this title are made. All approved conditional uses shall be authorized by a permit which states the required findings and reasons therefor, the conditions imposed on the use/structure, the location of the conditional use and the time limit, if any. (Ord. 07-012 § 1).
17.52.030 Conditions imposed.
In addition to the other requirements of the title, any condition reasonably required to allow the proposed use or activity to meet the standards of the required findings below may be imposed. Such conditions may include but are not limited to:
(1) Requirements for environmental protection;
(2) Landscaping, clearing, planting, fencing and screening requirements;
(3) Requirements of site restoration, reforestation or regrading after use of the land;
(4) Setbacks, height and bulk requirements; refer to section describing; and
(5) Safety requirements, such as time of operations, traffic routing, limitations on processes, etc. (Ord. 07-012 § 1).
17.52.040 Required findings.
The following findings, at a minimum, shall be made in order to authorize a conditional use:
(1) The proposed use, at the proposed location, is consistent with the purposes on the comprehensive plan, the zoning code and the zone district in which it is to be located, and that the proposed use will meet all applicable requirements of the title.
(2) The use, as conditioned, will not be significantly detrimental to the public health, safety and welfare; diminish the value of nearby property or improvements; or disturb persons in the use of property unless the conditional use is a public necessity. (Ord. 07-012 § 1).
17.52.050 General requirements.
(1) The city shall determine whether the conditional use permit will run with the land or be personal. If the conditional use is personal, the permit is nontransferable to other persons. The city may require the permit to be recorded with the county auditor as a covenant on the property.
(2) The conditional use permit must be acted upon within one year from the date of approval or the permit shall expire. The holder of the permit may request an extension of time before the expiration date and the administrator may grant one extension of time of up to one year past the original expiration date.
(3) The conditional use permit, even if issued to the person, applies only to the property on which it was issued and may not be transferred to any other property.
(4) A conditional use permit may be denied if the city finds the proposed use cannot be conditioned so that the required findings can be made. (Ord. 07-012 § 1).
17.52.070 Recreational vehicle parks.
Recreational vehicle parks may be allowed as provided for in Chapter 17.40 KMC, District Use Chart, by conditional use permit with the following minimum provisions:
(1) Park and Lot Requirements.
(a) Minimum lot size: 40,000 square feet.
(b) Maximum Density. The maximum gross density allowed shall be one recreational vehicle space per 1,000 square feet of land area per recreational vehicle campground.
(c) Minimum Yard Requirements. All recreational vehicles or accessory buildings shall be located no closer than 25 feet from all public road rights-of-way, nor 15 feet from any side or rear property line.
(d) Recreational Vehicle Spaces. Each recreational vehicle space shall have a minimum width of 20 feet. Each recreational vehicle shall be so positioned to provide 10 feet between all other recreational vehicles and with all accessory buildings. Each recreational vehicle space shall be well marked and numbered.
(e) Open Space. There shall be a minimum of 10 percent of the total park area exclusive of roads, parking areas and yard setbacks, accessory buildings, and recreational vehicle park spaces set aside for recreational open space. This area shall be improved and maintained so as to provide recreational facilities for the residents of the park.
(f) Accessory Buildings. Accessory buildings permitted in recreational vehicle parks include structures for park offices, restrooms and shower facilities, recreation structures and facilities, and other uses incidental and necessary for park purposes.
(g) Limitations on Stay. No recreational vehicle shall remain in place in a recreational vehicle park for more than 120 days in any 12-month period.
(2) Utilities and Sanitation.
(a) Water Supply. An accessible, adequate, safe, and potable water supply system complying with all state and local regulations shall be provided in the recreational vehicle park. Individual water service connections to individual recreational vehicle spaces are encouraged; where not provided to individual spaces, water shall be available within 200 feet of every recreational vehicle space.
(b) Sewage Disposal. An adequate and safe sewage disposal system complying with all state and local regulations shall be provided in the recreational vehicle park and it shall be designed to accommodate convenient use by the campground users. The sewage disposal system shall be connected to a public sewerage system, where available.
(c) Sanitary Dumping Stations. Each recreational vehicle park shall be provided with sanitary dumping stations in the ratio of one for every 100 recreational vehicle spaces. Sanitary stations shall be so constructed and maintained so as to comply with all state and local regulations. Sanitary stations shall be properly signed and separated from all recreational vehicle spaces by a distance of not less than 50 feet.
(d) Solid Waste Disposal. The storage, collection, and disposal of solid waste in recreational vehicle parks shall be approved by the appropriate state or local health agency and shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, or accident or fire hazards.
(e) Electrical Supply System. Each recreational vehicle park shall be provided with an electrical supply system adequate to supply electricity to provide lighting to all streets, walkways, and service buildings within the campground. Electrical service shall be provided to individual recreational vehicle spaces, and the electrical supply system shall be installed and maintained in accordance with all applicable state and local codes and regulations.
(f) All utilities such as water, fire protection, power, etc., shall be installed and maintained in accordance to all applicable state and/or local guidelines.
(3) Recreational Park Road System and Parking.
(a) Streets. Interior private streets shall provide for continuous forward movement so as to prevent dead ends, cul-de-sacs, or barriers. Minimum interior road widths shall be 12 feet.
(b) All recreational vehicle park roads shall be on an adequate base, graded and surfaced to provide a dust-free, all weather surface.
(c) All internal recreational vehicle park roads shall be privately owned, constructed, and maintained.
(d) Parking. At least one off-street parking space shall be provided per recreational vehicle space. There shall be at least four off-street parking spaces provided for the recreational vehicle park office. Recreational unit check-in parking shall be provided as needed so as to prevent park access obstruction.
(e) All recreational park security systems shall be reviewed by local emergency response officials. (Ord. 18-005 § 1; Ord. 07-012 § 1).
17.52.080 Day care center.
Day care centers may be allowed as provided for in Chapter 17.40 KMC, District Use Chart, by conditional use permit with the following minimum provisions:
(1) Strict compliance with all regulations and restrictions of the licensing requirements for day-care centers administered by the state of Washington;
(2) Sixty-foot frontage on a public street;
(3) Nine hundred sixty square feet of outdoor play space plus an additional 80 square feet of outdoor play space per child over 12 children, exclusive of garage;
(4) All play areas shall be fenced and screened in a manner approved by the hearing examiner so as to minimize noise and visual interference with the adjoining neighborhood;
(5) Thirty-five square feet per student of room space for use by students;
(6) Prior to final approval of the conditional use permit the applicant must submit a certificate of compliance with all applicable code requirements from the building inspector of the city and the fire chief of the city;
(7) An on-site vehicle turnaround or separate entrance and exit points and passenger loading area must be provided. The city shall specifically consider the location and appearance of the proposed turnaround or access in determining the compatibility with the surrounding uses. The hearing examiner shall consider the traffic safety of the location for pickup and delivery of children. (Ord. 07-012 § 1).
17.52.090 Bed and breakfast.
Bed and breakfast facilities may be allowed as provided for in Chapter 17.40 KMC, District Use Chart, by conditional use permit with the following minimum provisions:
(1) The bed and breakfast facility shall be the principal residence of the owner;
(2) A bed and breakfast facility shall be compatible with the residential character of the neighborhood and the owners shall provide screening with shrubs, fencing and other suitable materials to minimize the impact upon the residential character of the neighborhood;
(3) The applicant for a conditional use permit for a bed and breakfast guest house shall at the time of filing the application provide evidence to the hearing examiner of compliance with all health, building and fire regulations;
(4) Off-street parking as required in Chapter 17.46 KMC shall be behind the front yard setback line and shall be screened so as to minimize the visual and audio impact upon the residential character of the neighborhood;
(5) One nonilluminated sign bearing the name of the bed and breakfast facility is permitted; provided, that the sign is not more than four square feet in area and is attached flush against the wall of the dwelling;
(6) Guests shall limit their length of stay to not more than 14 consecutive days;
(7) All applications for bed and breakfast guest house conditional use permits shall be accompanied with a floor plan and lot plan setting forth bathrooms and bedrooms to be used for bed and breakfast guest house facilities, their size, location and the lot plan showing the location of off-street parking, its size and any additions to premises and screening;
(8) Meals shall only be served to paying guests, not the general public. (Ord. 07-012 § 1).
17.52.100 “Type B” home occupations.
“Type B” home occupations may be allowed as provided for in Chapter 17.40 KMC, District Use Chart, by conditional use permit with the following minimum provisions:
(1) The use of the property for a home occupation shall be clearly incidental and subordinate to its use for residential purposes; and
(2) Any member of the household and only one nonresident person may be employed in the business; and
(3) One nonilluminated sign bearing the name and home occupation of the resident is permitted; provided, that the sign is not more than four square feet in area and is attached flush against the wall of the dwelling; and
(4) Parking facilities for customers and/or the nonresident employee shall be addressed as appropriate during the permit review process; and
(5) No window display and no sample commodities are displayed outside the building; and
(6) Home occupations shall occupy not more than 25 percent of the total floor area of the primary residence, or not more than 500 square feet of an accessory storage building; and
(7) Stock-in-trade stored or for sale shall not exceed 25 percent of the total home occupation area; and
(8) No materials or mechanical equipment shall be used which will be detrimental to the residential use of the residence or adjoining residences because of vibration, noise, dust, smoke, odor, interference with radio or television reception or other factors. (Ord. 07-012 § 1).
17.52.110 Mini-storage.
Mini-storage facilities may be allowed as provided for in Chapter 17.40 KMC, District Use Chart, by conditional use permit with the following minimum provisions:
(1) The minimum site size for a mini-storage facility shall be 30,000 square feet;
(2) A minimum 10-foot-wide buffer yard area shall be established along that portion of the mini-storage facility which adjoins a public street right-of-way and a five-foot-wide rear and side yard buffer area shall be established along all other rear and side property lines. All buffer yard areas shall be landscaped in accordance with the provisions in Chapter 17.44 KMC, General Regulations;
(3) In addition to the required landscaped buffer yard area, a six-foot sight-obscuring fence shall be installed along all property lines that adjoin a residential use and/or zone. (Ord. 07-012 § 1).
17.52.120 Pet services.
Pet grooming occupations may be allowed as provided for in Chapter 17.40 KMC, District Use Chart, by conditional use permit with the following minimum provisions:
(1) Domesticated animals are animals that are kept by humans as pets.
(2) Only domesticated dogs and cats will be groomed in the facility.
(3) All grooming shall take place within the residential structure or accessory structure.
(4) No more than four animals shall be on-site at any one time.
(5) All business-related materials shall be stored within the primary or accessory structure at the place of business.
(6) All pets must be secured in kennels, cages, leashes or in a manner that will protect and maintain a safe residential atmosphere. (Ord. 07-012 § 1).
17.52.130 Accessory dwelling.
Accessory dwelling units shall be on the same property as the primary residence and shall meet the following provisions:
(1) Only one accessory dwelling unit per lot;
(2) The property owner (which shall include title holders and contract purchasers) shall occupy either the primary unit or the accessory unit as their permanent residence;
(3) At least one additional off-street parking space shall be provided for use by the owner-occupant and/or tenant;
(4) The accessory housing unit shall meet all building and health and safety requirements;
(5) General provisions that apply include access, building setbacks, lot coverage, and road improvements;
(6) Attached accessory dwelling units or accessory dwelling units built as part of a detached accessory structure such as a garage shall meet the following provisions:
(a) The accessory dwelling unit size shall not exceed the gross floor area of the primary dwelling unit; and
(b) The accessory dwelling unit shall be allowed on any legal lot of record, provided the lot coverage requirements of the underlying zoning district can be met;
(7) Detached accessory dwelling units shall meet the following provisions:
(a) The minimum lot area shall be equal to or greater than 8,000 square feet.
(b) The accessory dwelling unit shall not exceed 1,200 square feet in area;
(8) The recording of title notices as appropriate to disclose the circumstances and conditions of authorized accessory residential use may be required. (Ord. 18-005 § 1; Ord. 07-012 § 1).
17.52.140 Winery/brewery.
Wineries and/or breweries shall meet the following provisions for development:
(1) A complete and detailed analysis of water and wastewater usage shall be conducted to ensure city facilities are adequate to meet peak level demands. To minimize impacts on the existing water system, water recycling within the development is encouraged.
(2) All tanks, equipment and supplies shall be kept within an enclosed building/structure(s).
(3) Hours of operations shall be considerate of surrounding uses.
(4) Event rooms/halls/outside areas and tasting rooms shall be clearly defined on the site plan, including parking requirements which shall be considered “general service” under Chapter 17.46 KMC.
(5) Odor and pest management shall limit the impact to surrounding property owners and land uses. (Ord. 07-012 § 1).
17.52.150 Utility uses/structures.
Utility uses and structures shall meet the following minimum conditions:
(1) In residential districts, any proposed buildings shall be designed to harmonize with the residential structures of the neighborhood.
(2) All setback requirements of the district shall be observed.
(3) If the facility is of an outdoor nature, it shall be completely enclosed by a view obscuring fence or hedge at least six feet in height and shall observe the restrictions that apply to fences in the district.
(4) Proposed enclosures that exceed a height of six feet shall observe the minimum setback requirements that apply to primary structures in the district. (Ord. 07-012 § 1).