Chapter 18.50
CONDITIONAL USES*
Sections:
18.50.020 Hazardous waste treatment and storage facilities.
18.50.030 Mini-storage facilities.
18.50.040 Airports or heliports outside the AI—Airport Industrial district.
18.50.090 Medical care facilities.
18.50.110 Gravel pits or excavations.
18.50.150 Child day care centers.
18.50.160 Conditional uses in Commercial Industrial (CI) district.
18.50.180 Adult entertainment uses.
* Prior ordinance history: Ord. 1286.
18.50.010 Procedures.
(a) Certain uses, because of their unusual size, infrequent occurrences, special requirements, possible safety hazards, detrimental effects on surrounding properties or other similar reasons are classified as conditional uses. Conditional use requests shall be processed as a Type III action in accordance with Title 19. Conditional uses specifically mentioned in the various use districts may be authorized by the hearing examiner, provided it is clearly shown that:
(1) The proposed use will promote the health, safety and general welfare of the community.
(2) The proposed use and development complies with provisions of all other applicable ordinances.
(3) There will be a minimum of detrimental effects caused by the proposed use. To that end, the hearings examiner may, after considering recommendations of the administrator, impose any condition, requirement, limitation, or standard deemed necessary to carry out the purpose and intent of this title or to further the goals and objectives of the comprehensive plan.
(b) All conditional uses approved by the city shall be subject to an annual review by the enforcing officer to ensure compliance with all conditions imposed at the time of permit approval. Conditional uses found to be in violation of said conditions are subject to revocation and to enforcement action under Chapter 18.52.
(c) Any conditional uses discontinued for a period of six consecutive months shall be deemed null and void. Any further use or sale of the property or business for the same use shall require the approval of a new conditional use or other permit as required by this code.
(d) Those uses requiring a conditional use permit are identified in Chart 1.0, District Use Chart, in Section 18.11.050. (Ord. 1812 § 2 (Exh. B)(part), 2015: Ord. 1667 § 18, 2010; Ord. 1562 § 5, 2006; Ord. 1381 § 1, 1998; Ord. 1344 § 1 (part), 1997: Ord. 1325 § 6 (part), 1996).
18.50.020 Hazardous waste treatment and storage facilities.
(a) Hazardous waste treatment and storage facilities shall be subject to the following conditions:
(1) Applicant must provide state identifying number if required by RCW 70.105 or WAC 173-303;
(2) Applicant must submit a detailed plan noting location of planned hazardous waste treatment and storage facility;
(3) Applicant must provide written description of method of treatment and storage;
(4) Applicant must provide written confirmation that the proposal complies with all applicable state and federal regulations regarding the storage and treatment of hazardous waste;
(5) Applicants for off-site hazardous waste treatment and storage facilities must provide written confirmation of property owner’s approval for such a facility, origin of materials to be brought on-site and state identifying number (if required by RCW 70.105 or WAC 173-303) of person or firm generating waste to be treated off-site. (Ord. 1325 § 6 (part), 1996).
18.50.030 Mini-storage facilities.
(a) Requirements:
(1) Facility shall not be in the shoreline area;
(2) Facility shall not front on Main Street, Ash Street or Central Avenue;
(3) Conditional use applicant must submit detailed site plans and elevation drawings accurately depicting design and appearance;
(4) Facility shall not be used to store solid waste, hazardous waste, toxic materials and/or waste;
(5) No retail sales allowed on site;
(6) No repair of automotive or motorized vehicles;
(7) Storage of dry goods only (may include: household goods, recreational vehicles, and other similar items);
(8) Storage must be located inside only, provided that recreational vehicles, including boats, may be stored outside;
(9) Annual inspection of the facility for compliance, or as necessary due to reasonable citizen complaints;
(10) Access road must be surfaced; and
(11) Provide on-site drainage of surface water.
(b) Landscaping shall meet those requirements for industrial uses as outlined in Section 18.16.040 of this title. (Ord. 1325 § 6 (part), 1996).
18.50.040 Airports or heliports outside the AI—Airport Industrial district.
(a) Conditions applicable to all airports and/or heliports established or enlarged after the effective date of the ordinance codified in this chapter and those airports and/or heliports not lying within the AI—Airport Industrial district:
(1) A plan shall be required showing all proposed runways, accessory buildings, potential ancillary uses, and other elements of the complete proposal; such plan shall be the basis for the permit and shall be binding upon future development. An FAA approved airport layout plan (ALP) shall be filed with the city of Omak for all public airports;
(2) The approach and take-off patterns shall not be over any existing residential areas and the board shall ascertain that appropriate measures have been or will be taken to protect the community from noise, pollution, and traffic problems and other incompatibilities or potential hazards;
(3) This section shall not apply to the present Omak Municipal Airport;
(4) Airports and heliports must meet all applicable FAA requirements. (Ord. 1358 § 5, 1997: Ord. 1344 § 1 (part), 1997: Ord. 1325 § 6 (part), 1996).
18.50.050 Cemeteries.
(a) Conditions applicable to all cemeteries established or enlarged after the effective date of the ordinance codified in this chapter:
(1) A plan shall be required showing all proposed burial areas and buildings; the use of such buildings shall be clearly stated;
(2) The board shall impose conditions that will reduce any detrimental effects. In the event a crematorium is proposed, special care must be taken to protect surrounding areas from potential nuisances. (Ord. 1325 § 6 (part), 1996).
18.50.060 Churches.
(a) Conditions applicable to all churches erected, relocated, substantially enlarged, or established after the effective date of the ordinance codified in this chapter:
(1) A plan shall be submitted showing the site, locations of proposed uses, design of all buildings, and the parking and landscaping plan;
(2) Any new building shall conform with the yard requirements of the use district in which it is located and any additions to an existing building shall not encroach upon any required yard;
(3) The minimum site area shall be twenty thousand square feet;
(4) The required parking shall be located on the site or within walking distance of no more than three hundred feet. Parking may be shared with any other use whose activities at no time nor in any way coincide with the activities of the church. A suitable sight-obscuring screening on any border of the parking lot adjunct to the church when such parking is located across the street from, or that abuts upon a residential use may be required;
(5) The height limits of the use district may be exceeded, provided the side yards are increased in width to at least fifty percent of the height of the building, spires and towers excluded;
(6) Church-sponsored uses such as residences, schools, auditoriums, convents, preschool facilities, convalescent homes or similar uses shall be considered separate uses and subject to the applicable provisions of this title. (Ord. 1325 § 6 (part), 1996).
18.50.070 Drive-in theaters.
(a) Conditions applicable to all drive-in theaters established, relocated, rearranged, or enlarged after the effective date of the ordinance codified in this chapter:
(1) A plan shall be required showing the location of the buildings and structures, the drives and access points, the traffic flow, and the adjacent properties that will be affected. The capacity of the theater must be specified;
(2) Any new or relocated theater shall be directly accessible to an arterial street and no traffic to and from the theater shall be allowed on residential streets;
(3) In the event the movie screen is oriented in such a way that the movies can be seen from adjacent residential uses, the board of adjustment shall give careful consideration to the rights and opinions of the residents and owners of such uses. (Ord. 1325 § 6 (part), 1996).
18.50.080 Group homes.
(a) All group homes permitted under this section shall meet the licensing requirements of the state of Washington.
(1) The minimum site area shall be ten thousand square feet;
(2) There shall be no exterior modification of the building except general maintenance and normal remodeling, nor shall there be any outward manifestation that the building is used for other than normal residential purposes. (Ord. 1325 § 6 (part), 1996).
18.50.090 Medical care facilities.
The board of adjustment shall set conditions deemed necessary to protect the neighborhood from detrimental effects such as traffic congestion, parking congestion, noise, glare and other potential nuisances. (Ord. 1325 § 6 (part), 1996).
18.50.100 Public utilities.
(a) A plan showing all buildings and visible outside features of the utilities shall be required. There shall be no service or storage buildings or yards on the premises. Sight-obscuring landscaping is required, as described in Section 18.16.040.
(b) It must be clearly shown that the utility is essential in the proposed location and that it cannot be reasonably located in a use district in which it is a permitted use.
(c) There shall be no machinery or equipment installed that would cause noise, electrical interference, or similar disturbances to the surrounding properties.
(d) Public utilities located on a public right-of-way or completely underground shall be exempt from the necessity of obtaining a conditional use permit.
(e) Landscaping shall meet those requirements for industrial uses as outlined in Section 18.16.040(d)(3) of this title. (Ord. 1325 § 6 (part), 1996).
18.50.110 Gravel pits or excavations.
(a) A complete plan of the proposal is required. Such plans shall consist of topographic mapping of the area affected by the proposed excavations including:
(1) The cross-sections of the extent and depth of the excavations and the quantity and type of material to be removed;
(2) The streets, alleys, and surrounding properties and the anticipated traffic, traffic routes and destinations of the material;
(3) The plan for the restoration of the ground after excavation and the reclamation of the land;
(4) An environmental impact statement shall be required prior to the board’s actions. Such statement shall be the basis for the board’s decision and the conditions imposed shall mitigate any detrimental effects of the project. (Ord. 1325 § 6 (part), 1996).
18.50.120 Schools.
(a) Preschools. When outdoor play is permitted, there shall be a fenced play area sized according to current state of Washington requirements.
(b) Academic Schools. The site shall be commensurate with the number and age of the students. The size of school grounds will be determined from current state of Washington requirements. (Ord. 1325 § 6 (part), 1996).
18.50.150 Child day care centers.
Conditions applicable to all day care centers requiring a conditional use permit, erected, relocated, substantially enlarged, or established after the adoption of this title:
(1) A plan shall be submitted showing the site, locations of proposed uses, designs of all buildings, and the parking and landscaping plan;
(2) Any new building shall conform with the yard requirements of the use district in which it is located and any additions to an existing building shall not encroach upon any required yard;
(3) Repealed.
(4) The required parking shall be located on the site and provided as follows:
a.Child day care centers shall provide a minimum of two parking spaces per employee; seventy-five percent must be permanent and twenty-five percent may be temporary loading zone;
(5) All child day care centers shall provide proof of compliance with WAC 388-73. (Ord. 1477 § 1, 2002; Ord. 1344 § 1 (part), 1997: Ord. 1325 § 6 (part), 1996).
18.50.160 Conditional uses in Commercial Industrial (CI) district.
(a) All uses proposed in the Commercial Industrial (CI) district that require a conditional use permit, as identified by the Chart 1.0, District Use Chart, shall conform to the following:
(1) Applicant must submit detailed site plans and elevation drawings accurately depicting building size, design, and appearance;
(2) Applicant must submit a written description of the traffic impacts resulting from the proposed use. Information regarding types of vehicles, estimated daily trips, probable routes of travel, and character and quantity of traffic that will be generated by the proposed use must be provided;
(3) After considering recommendations from the administrator, the board of adjustment shall set conditions deemed necessary to protect the neighborhood from detrimental effects such as excessive noise, dust, smoke, traffic, fumes, light or glare, toxic substances, and other potential nuisances. Such conditions may include, but are not limited to:
(A) Landscaping that meets or exceeds those requirements for industrial uses as outlined in Section 18.16.040 of this title,
(B) There shall be no machinery or equipment installed that would cause noise, electrical interference, or similar disturbances to the surrounding properties,
(C) Lot coverage, building height, setback, and density requirements found in Section 18.16.020 of this code may be modified, depending on proposed use(s),
(D) All required parking shall be located on the site. (Ord. 1325 § 6 (part), 1996).
18.50.170 Minor auto repair.
(a) The exterior and surroundings must be maintained in a clean and orderly fashion to enhance and not detract from the neighborhoods.
(b) Vehicle entry to the auto repair area will not front Main Street, Ash Street, or Central Avenue.
(c) No more than six vehicles may be parked outside the building for more than a seventy-two hour period.
(d) No street storage of vehicles.
(e) No parts, motors or apparently inoperable vehicles to be stored outside.
(f) Recreational vehicles, if stored for a short time awaiting service, should be as inconspicuous as possible and not cause congestion.
(g) 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.
(h) There shall be a public restroom maintained in a sanitary condition and not used for storage.
(i) No tow trucks will be allowed to be stored on the property.
(j) Structural changes or building additions shall be reviewed by the city council.
(k) Noncompliance or violation of these conditions shall be strictly enforced by in accordance with Section 18.52.070 of this title. (Ord. 1344 § 1 (part), 1997).
18.50.180 Adult entertainment uses.
Adult entertainment uses are allowed upon approval of a conditional use permit subject to the following regulations and other applicable regulations enforced by the city of Omak and state of Washington.
(a) Purpose. It is the purpose of this section to regulate certain sexually oriented adult entertainment uses to promote the health, safety, and welfare of the citizens of the city of Omak. The city of Omak finds that these businesses, when unregulated, promote illegal activities including obscenity, sexual offenses, tax evasion, and prostitution, as well as creating a variety of negative secondary impacts on local communities including increase of crime, decline in property values, blighting of neighborhoods, diminution of the quality of life, and depression of business activity. This title has neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment to the United States Constitution or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. It is also neither the intent nor effect of this section to condone or legitimize the distribution of obscene material for child pornography nor the display or distribution of harmful materials to minors.
(b) Where Prohibited. No person or persons shall use any property or premises for an adult entertainment use within the city of Omak, except as allowed by this section and by Sections 18.16.035 and 18.11.050 of this title, Title 4 of the Omak Municipal Code, and applicable state of Washington laws, as they exist or are hereafter amended.
(c) Regulated Uses. The provisions of this section shall apply to all adult entertainment uses, including adult retail establishments, adult panorama theaters or arcades, adult motion picture theaters, adult cabaret, and adult motels.
(d) Regulations Applicable to Retail Establishments Not Qualifying as Adult Entertainment Uses. Retail establishments, such as video stores, that do not fit the definition of an adult retail establishment as provided in this title but that sell or otherwise distribute films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas, and less than ten percent of their revenues, inventory, or floor space includes such items, shall be subject to Chapter 9.68 RCW, and the following:
(1) All such items as are described above shall be physically segregated and closed off from other portions of the store such that these items are not visible and/or accessible from other portions of the store.
(2) No advertising for such items shall be posted or otherwise visible, except where such items are authorized by law for display.
(3) Signs, in English and Spanish, readable at a distance of twenty feet shall be posted at the entrance to the area where such items are displayed stating that persons under the age of eighteen are not allowed to the area where “erotic” items as defined by state statute and/or court order are displayed.
(4) The manager or attendant shall take reasonable steps to monitor the area where such “erotic” items are displayed to ensure that persons under eighteen years of age do not access the age-restricted area.
(5) Rental or sale of obscene material, as defined by this title, shall be considered a moral nuisance, and subject to abatement pursuant to this section and RCW 7.48.058.
(6) Employees of such retail establishments shall check identification for the age of all persons renting or purchasing such erotic items.
(e) Exemptions. This section shall not be construed to prohibit or otherwise regulate the following uses and activities:
(1) Plays, operas, musicals, or other dramatic works that are not obscene;
(2) Classes, seminars, and lectures held for serious scientific or educational purposes that are not obscene; or
(3) Exhibitions, performances, expressions, or dances that are not obscene;
(4) Persons appearing in a state of nudity or seminudity in a nude or seminude model studio operated by:
(A) A proprietary school, licensed by the state of Washington; a college, or junior college supported entirely or partly by taxation,
(B) A private college approved by a national accrediting association, which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation.
(f) Administrative Review and Determination. The city of Omak shall not issue a building permit for the establishment or expansion of an adult entertainment use unless and until the requirements of the section have been fully met. The administrator is responsible for ascertaining whether a proposed adult entertainment use for which a building permit is being applied for complies with all requirements enumerated herein and all other applicable zoning laws and regulations. Applicants shall submit any and all information deemed necessary by the administrator to determine compliance with this section. Upon receipt and review of this information, the administrator shall prepare a staff report, including findings of fact. Upon completion, such staff report shall be provided to the city clerk for distribution as part of the adult entertainment business license application, as referenced by Section 4.44.080(a).
(g) Dispersal Requirement. No adult entertainment use shall be located closer than one thousand five hundred feet to another adult entertainment use whether such use is located within or outside the city limits. Such distance shall be measured by following a straight line from the nearest point of public entry into the structure which will house the proposed adult entertainment use to the nearest point of public entry into the structure housing another adult entertainment use.
(h) Buffers From Incompatible Uses. No adult entertainment use shall be located closer than one thousand feet to any of the following uses whether such use is located within or outside the city limits:
(1) Public or private primary or secondary schools, colleges and universities;
(2) Preschool facilities;
(3) Child day care centers;
(4) Family child care homes;
(5) Public libraries;
(6) Community centers;
(7) Churches or other places of worship primarily devoted to the teaching or practice of religious beliefs;
(8) Public parks;
(9) Bike or pedestrian paths or trails not associated with vehicle rights-of-way;
(10) The boundary of any residential zoning district.
(i) Measuring Required Distances. Required buffers from incompatible uses shall be measured by following a straight line distance between the point of public entry into the structure housing the adult entertainment use and:
(1) The nearest point on a property line of a public park or bike or pedestrian path not associated with a vehicle right-of-way; or
(2) The nearest point of any residential land use district (RS, RD, RM);
(3) The nearest point of public entry or point on a property line, whichever is closer, of the land uses and facilities identified in subsection (h) of this section.
(j) Building Facade. All buildings in which adult entertainment uses are located shall have facades and all other exterior surfaces that are indistinguishable from surrounding buildings. Illustrations depicting partially or totally nude males and/or females shall not be posted or painted on any exterior wall of a building or sign used for an adult entertainment use.
(k) Construction and Maintenance. All adult entertainment uses such as adult motion picture theaters and adult panoramas or arcades that allow customers’ viewing of depictions of human nudity and/or sexual conduct of any nature, including specified sexual activities, shall comply with the following regulations:
(1) All viewing areas or booths within adult entertainment uses shall be visible from a manager’s station and shall not be obscured by any curtain, door, wall or other enclosure. Any door, curtain, or other enclosure at the entrance to a viewing area or booth must be transparent. As used in this subsection, “viewing area or booth” means the area where a patron or customer would be positioned while watching a film, video, or other viewing device.
(2) All viewing areas or booths shall be separated by transparent partitions constructed of a nonbreakable material. No openings in such partitions for ventilation or other purposes shall extend higher than twelve inches from the floor or lower than eighty-four inches from the floor.
(3) All viewing areas or booths shall be maintained in a clean and sanitary condition at all times with sufficient lighting so that all objects are plainly visible at all times.
(4) No steps or risers are allowed in any viewing area or booth.
(5) No viewing area or booth shall have more than one permanently affixed stool type seat. In order to prevent obscuring the occupant of a viewing area or booth from view, no stool for seating within a viewing area or booth shall have any seat back or sides.
(6) Only one person may occupy a viewing booth at any given time.
(l) Parking and Lighting. On-site parking for adult entertainment uses shall be required and regulated in accordance with Section 18.16.070 and in addition shall meet the following requirements:
(1) All on-site parking areas and premises entries shall be illuminated from dusk until one hour past closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one footcandle of light on the parking surfaces and walkways.
(2) All parking must be visible from the fronting street. Access to the exterior rear of the building shall be denied to any persons other than employees and public officials during the performance of their respective duties and tasks.
(3) All adult entertainment premises must be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons, members, or customers are permitted access at an illumination of not less than ten footcandles as measured at the floor level at all times while patrons, members, or customers are permitted within the premises.
(m) Preexisting Adult Entertainment Uses. Any adult entertainment use operating on the effective date of this title that, as a result of the enforcement of this section, is in violation of locational or structural configuration requirements described herein shall be deemed a nonconforming use under Section 18.52.030 and shall not be subject to the distance requirements set forth in subsection (h) of this section, but shall be subject to all other provisions of this section.
(n) Violations. In addition to other penalties for violations found in Section 18.52.070 of this title, any adult entertainment use in violation of subsection (h) of this section shall be deemed a public nuisance, which, in addition to all remedies, may be abated by injunctive relief.
(o) Appeals. Appeals of administrative decisions related to the administration and enforcement of this section shall be made to the Omak city council using the appeals procedure found in Section 18.52.080 of this title. (Ord. 1344 § 1 (part), 1997).