Chapter 10.65 CONDITIONAL USES

Conditional uses do provide for public convenience and necessity; however, because of their special nature or characteristics they can have adverse impacts upon or be incompatible with other uses of land in the neighborhood. The purpose of this chapter is to establish the minimum criteria for evaluating conditional use permit applications and to establish general and specific use standards applicable to conditional uses. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.65.030 Conditions imposed.

In addition to the other requirements of this title and the WCC, as amended, the hearing examiner may impose any condition reasonably required to allow the proposed use or activity to meet the general requirements of this chapter, specific use criteria, and the required items listed in WCC 10.65.070. 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 including but not limited to regrading and replanting;

(4) Setbacks, height and bulk requirements;

(5) Management requirements to reasonably prevent nuisances to the public and/or nearby properties and existing uses;

(6) Safety requirements, such as time of operations, traffic routing, limitations on processes, etc. (Ord. 2013-41 § 1 (Exh. B); Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.65.050 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 three years 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 director may grant one extension of time of up to one year past the original expiration date.

(3) The conditional use permit only applies to the specific location for which it was issued.

(4) The property owner/operator of any conditional use shall maintain compliance with the standards of this title and of the conditional use permit at all times. Violation of the terms of the permit and/or requirements of the WCC not expressly modified by the permit shall be processed as a violation pursuant to Chapter 13.13 WCC, Enforcement and Penalties. (Ord. 2013-41 § 1 (Exh. B); Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.65.060 Conditional use permit criteria.

The development standards of this title shall be used by the applicant in preparing the conditional use permit application. The applicant has the burden of demonstrating that the proposed use is consistent with the following review criteria:

(1) All requirements of a specified use can be satisfied;

(2) The requirements of the zoning district within which the lot is located can be met;

(3) All applicable requirements and regulations found within the WCC, as amended, can be satisfied;

(4) The proposal is compatible with adjacent uses and will protect the character of the surrounding area;

(5) The proposal will not result in the creation of nuisances to the public and/or nearby properties and existing uses;

(6) The proposed use will not result in undue adverse impacts affecting the public health, safety, and welfare; and

(7) The proposed use is consistent and compatible with the comprehensive plan and any implementing regulation. (Ord. 2013-41 § 1 (Exh. B); Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.65.070 Hearing examiner action.

(1) Any decision of approval by the hearing examiner shall include the following:

(a) A statement of the applicable criteria and standards in the development codes and other applicable law;

(b) A finding that the proposed use, at the proposed location, is consistent with the purposes of the comprehensive plan, the zoning code and the zoning district in which it is to be located, and that the proposed use will meet all applicable requirements of this title;

(c) A statement of the findings of the reviewing authority, stating the applicant’s compliance or noncompliance with the criterion contained above, and assurance of compliance with applicable standards;

(d) A finding that 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;

(e) A finding that the proposal has been designed to minimize adverse effects on neighboring properties, to include at minimum the effects of lighting, transportation, noise, and appearance;

(f) A finding that the decision of the application and, if approved, conditions of approval are the minimum necessary to ensure the proposed development will comply with all applicable laws and regulations;

(g) A finding that the conditions placed upon the proposed use are conditions that are measurable, can be enforced and monitored;

(h) A statement that the decision is final unless appealed as provided for in WCC Title 13. An appeal of a decision of the hearing examiner must be filed in writing within 21 days of the date of decision.

(2) A conditional use permit may be denied if the hearing examiner finds the proposed use cannot be conditioned so that the above required findings can be made. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.65.080 Auditoriums, neighborhood centers, and places of worship.

(1) Maximum building height, RS, RL and RM: 40 feet. Other districts: same as the height limitation of the zoning district for other buildings.

(2) Minimum Setback Distance.

(a) Street: same as required in the underlying zoning district;

(b) Rear and side: same as required in the underlying zoning district, plus one-half foot for each foot by which the building height exceeds 20 feet where a rear or side yard adjoins an RF, RS, RL or RM district.

(3) Auditoriums in residential zoning districts must be accessory to another nonresidential use such as a school, neighborhood center, or institution of higher education. A separate conditional use permit is not required for this use but if a new auditorium is proposed, it must be included in the review of the CUP for that property.

(4) Landscaping and Screening. Off-street parking shall comply with Chapter 10.62 WCC, Landscaping Standards, as amended.

(5) Architectural Scale. New nonresidential buildings in the RF, RS, RL, RM, and RH zoning districts shall meet WCC 10.48.270. Deviations to these standards may be considered where the applicant can demonstrate that the change or deviation in design is either necessary due to the inherent function of the facility, and/or the change provides for equal or greater compatibility with the character of the surrounding neighborhood. Consideration of such a deviation shall include an informal design review workshop recommendation of the planning commission, where input from the surrounding neighborhood shall be solicited, and incorporated in staff analysis before the hearing examiner. (Ord. 2020-11 § 2 (Exh. A); Ord. 2019-35 § 9; Ord. 2013-41 § 1 (Exh. B); Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.65.100 Clinic.

(1) Off-street parking shall be provided as prescribed in Chapter 10.60 WCC;

(2) Time Limitations. Clinics shall be open during normal business hours, but in no case should be open prior to 7:00 a.m. or after 7:00 p.m., unless it can be demonstrated that extending hours of operation will not adversely affect residences within the same development and neighboring residences;

(3) Landscaping and Screening. The clinic and off-street parking shall comply with Chapter 10.62 WCC, Landscaping Standards, as amended. (Ord. 2013-41 § 1 (Exh. B); Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.65.110 Child day care center.

(1) Compliance with applicable state and local regulations relating to child day care homes and centers;

(2) In residential zones, one unlighted wall sign not exceeding 12 square feet in area shall be permitted;

(3) Off-street parking shall be provided as required by Chapter 10.60 WCC, as amended, including off-street loading/unloading space;

(4) All off-street parking required for child day care centers shall be improved with a durable, dustless surface of asphalt, grass-crete or concrete, and shall be so graded and drained as to dispose of all surface water on site in a manner acceptable to the city engineer;

(5) Any outdoor play area shall be completely enclosed by a fence meeting the height limitations for fences;

(6) Architectural Scale. New child day care center buildings in the RS, RL, RM, and RH zoning districts shall meet WCC 10.48.270. (Ord. 2019-35 § 9; Ord. 2013-41 § 1 (Exh. B); Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.65.120 Equipment rental services, commercial.

(1) Storage, repairing, and other similar type handling of products, merchandise, and equipment shall occur within an enclosed building or such area that shall not be viewable from the public right-of-way or surrounding properties;

(2) All unloading and deliveries of merchandise and equipment shall make provisions on site so that these activities do not take place in the public right-of-way. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.65.130 Essential public facilities.

Specific siting criteria and performance standards will be generated on a case-by-case basis by the county-wide advisory project analysis committee and site evaluation committee. Due to the extraordinary diversity of these types of facilities, this process has been designed to comply with the requirements of RCW 36.70A.200 and follow the process found in Policy 3 of the Chelan County County-Wide Planning Policies, as amended. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.65.140 Group home (seven or more).

(1) Common Open Space.

(a) A minimum of 100 square feet of common open space shall be provided per bedroom;

(b) The common open space shall provide a centrally located focal area for the development;

(c) No dimension of an open space area used to satisfy the minimum square footage requirement shall be less than 10 feet, unless part of an integrated pathway or trail;

(d) Common open space shall be improved for passive or active recreational use. Examples may include, but are not limited to, courtyards, orchards, landscaped picnic areas or gardens;

(e) Common open space shall include amenities such as seating, landscaping, trails, gazebos, barbecue facilities, covered shelters or water features;

(f) Surface water management facilities shall not be included in the open space calculation for meeting minimum requirements, unless it can be demonstrated that they are designed so that residents can use the space similar to other open space designations;

(2) Parking needs shall be evaluated by the hearing examiner consistent with Chapter 10.60 WCC, as amended;

(3) All off-street parking shall be improved with a durable, dustless surface of asphalt, grass-crete or concrete, and shall be so graded and drained as to dispose of all surface water on site in a manner acceptable to the city engineer;

(4) Landscaping and Screening. The development shall comply with Chapter 10.62 WCC, Landscaping Standards, as amended. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.65.150 Home occupations.

(1) For the purposes of this section, any use that is not consistent with the definition of “home occupation,” or is similar in nature to the following listed uses, shall not be allowed as a home occupation:

(a) Delivery services, local;

(b) Equipment rental services, commercial;

(d) Kennels;

(e) Service and repair, nonmotorized;

(f) Service and repair, motorized;

(g) Welding and fabrication;

(2) The applicant will need to demonstrate that the home occupation is compatible with the surrounding residential neighborhood;

(3) The use of the dwelling for the home occupation shall be clearly incidental and subordinate to its use for residential purposes with not more than 50 percent of the floor area of one floor being used in the active conduct of the home occupation;

(4) Home occupation(s) within an accessory structure shall not occupy a floor area greater than 50 percent of the main floor area of the residence or 800 square feet, whichever is smaller;

(5) No structural alterations shall be allowed except when otherwise required by law;

(6) No persons other than residents of the structure and one outside employee may be employed in the home occupation;

(7) There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation other than one sign not exceeding six square feet in area, nonilluminated and mounted on the building;

(8) There shall be no window display and no sample commodities displayed outside of the building;

(9) The maximum number of vehicle trips per day for the home occupation shall not exceed 10 vehicle trips. As used here, a trip is considered either the arrival or the departure of a vehicle from the household. For example, one vehicle making a delivery and then leaving immediately would be considered two trips;

(10) Parking.

(a) A maximum of two additional parking spaces shall be required unless determined by the hearing examiner that additional parking is not necessary;

(b) Parking needs shall be evaluated by the hearing examiner consistent with Chapter 10.60 WCC, as amended;

(d) Required street setbacks shall not be used for parking;

(e) All off-street parking shall be improved with a durable, dustless surface of asphalt, grass-crete or concrete, and shall be so graded and drained as to dispose of all surface water on site in a manner acceptable to the city engineer;

(11) The home occupation shall ensure that water, sewer, and storm water use is consistent with the WCC;

(12) No equipment or process shall be used which creates noise, vibration, glare, fumes, odors or electrical interference or causes fluctuations in line voltage off the premises;

(13) Materials, goods or commodities shall be delivered to or from the home occupation only between 7:00 a.m. and 7:00 p.m.;

(14) No equipment or employees shall be dispatched from the residential premises, except the owner and owner’s vehicle;

(15) The home occupation(s) may use or store a vehicle for pickup of materials used by the home occupation(s) or the distribution of products from the site, provided:

(a) No more than one such vehicle shall be allowed;

(b) Such vehicle shall not park within any required setback areas of the lot or on adjacent streets;

(c) Such vehicle shall not exceed a weight capacity of one ton. (Ord. 2019-35 § 9; Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.65.160 Humanitarian service and shelter facility.

(1) Use within the residential high (RH) zoning district shall be limited to existing vacant buildings, provided no more than 50 percent of the original floor area may be demolished for reuse.

(2) All setback requirements of the district in which the facility is proposed shall be observed.

(3) Parking needs shall be evaluated by the hearing examiner consistent with Chapter 10.60 WCC, as amended.

(4) Landscaping and Screening. The development shall comply with Chapter 10.62 WCC, Landscaping Standards, as amended. (Ord. 2010-03 § 1 (Exh. A); Ord. 2009-17 § 2. Formerly 10.65.155)

10.65.170 Institution of higher education.

(1) Off-street parking shall be provided as prescribed in Chapter 10.60 WCC;

(2) Minimum Setback Distance.

(a) Street: same as required in the underlying zoning district;

(3) Maximum building height, RS, RL and RM: 40 feet. Other districts: same as the height limitation of the zoning district for other buildings;

(4) All bus loading areas shall be located off the public right-of-way;

(5) Landscaping and Screening. The development shall comply with Chapter 10.62 WCC, Landscaping Standards, as amended;

(6) Architectural Scale. New nonresidential buildings in the RS, RL, RM, and RH zoning districts shall meet WCC 10.48.270. Deviations to these standards may be considered where the applicant can demonstrate that the change or deviation in design is either necessary due to the inherent function of the facility, and/or the change provides for equal or greater compatibility with the character of the surrounding neighborhood. Consideration of such a deviation shall include an informal design review workshop recommendation of the planning commission, where input from the surrounding neighborhood shall be solicited, and incorporated in staff analysis before the hearing examiner. (Ord. 2019-35 § 9; Ord. 2013-41 § 1 (Exh. B); Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A). Formerly 10.65.160)

10.65.180 Libraries and museums.

(1) Parking shall be provided consistent with Chapter 10.60 WCC, as amended;

(2) Landscaping and Screening. The development shall comply with Chapter 10.62 WCC, Landscaping Standards, as amended;

(3) Minimum Setback Distance.

(a) Street: same as required in the underlying zoning district;

(4) Architectural Scale. New nonresidential buildings in the RS, RL, RM, and RH zoning districts shall meet WCC 10.48.270. Deviations to these standards may be considered where the applicant can demonstrate that the change or deviation in design is either necessary due to the inherent function of the facility, and/or the change provides for equal or greater compatibility with the character of the surrounding neighborhood. Consideration of such a deviation shall include an informal design review workshop recommendation of the planning commission, where input from the surrounding neighborhood shall be solicited, and incorporated in staff analysis before the hearing examiner. (Ord. 2020-11 § 2 (Exh. A); Ord. 2019-35 § 9; Ord. 2013-41 § 1 (Exh. B); Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.65.200 Parking facility.

(1) All off-street parking shall be improved with a durable, dustless surface of asphalt, grass-crete or concrete, and shall be so graded and drained as to dispose of all surface water on site in a manner acceptable to the city engineer;

(2) Any illumination shall be shielded or directed in such a manner as to not shine directly or trespass onto adjoining residential properties;

(3) All parking stalls shall be located behind the required street setback;

(4) Landscaping and Screening. The development shall comply with Chapter 10.62 WCC, Landscaping Standards, as amended. (Ord. 2019-35 § 9; Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.65.210 Places of worship.

Repealed by Ord. 2013-41. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.65.220 Public utilities and services.

(1) Any buildings proposed shall be designed to harmonize with the residential structures of the neighborhood;

(2) All setback requirements of the district in which the public service facility is proposed shall be observed;

(3) If the facility is of an outdoor nature, it shall be completely enclosed by a view-obscuring fence or landscaping at least six feet in height and shall observe the restrictions that apply to fences in the underlying zoning district;

(4) Proposed enclosures for public service facilities that exceed a height of six feet shall observe the minimum setback requirements that apply to primary structures in the underlying zoning district;

(5) Landscaping and Screening. The development shall comply with Chapter 10.62 WCC, Landscaping Standards, as amended. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.65.230 Recreation, indoor commercial.

(1) No sound amplification equipment shall be used that is audible from adjacent properties;

(2) Hours of operation shall be established to protect the residential character of the neighborhood in which the facility is proposed. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.65.240 Recreation, neighborhood.

(1) The applicant shall demonstrate that the location, size, height, and design characteristics of the buildings, structures, walls, landscaping and screening, and parking is compatible with the intent of the zoning district and surrounding properties;

(2) The use shall be limited to streets designated as major and minor arterials or collectors, as shown on the circulation map within the comprehensive plan, as amended;

(3) The hearing examiner shall ensure that traffic from the proposed use does not significantly impact or alter traffic in the neighborhood. Therefore, a traffic analysis shall be provided;

(4) Day care facilities and concessions may be allowed as accessory uses; provided, that such facilities do not occupy more than 25 percent of the gross floor area of the facility;

(5) Parking shall be provided in accordance with Chapter 10.60 WCC, as amended. A 20 percent reduction in required parking may be granted, provided the applicant can show that public transit will be a viable alternative to driving to the facility and/or the facility serves the neighborhood in which it is located and additional parking is not necessary to support the facility;

(6) Landscaping and Screening. The development shall comply with Chapter 10.62 WCC, Landscaping Standards, as amended;

(7) Signs. One monument sign shall be permitted:

(a) In no case shall the height exceed six feet;

(b) In no case shall the sign exceed 32 square feet in area;

(d) The sign shall observe the height limitations that apply to fences in instances where the sign is located in a required street setback;

(e) The sign shall not be illuminated;

(f) It shall be demonstrated that any proposed signage is compatible with the surrounding area;

(8) The applicant shall ensure that site lighting contributes to the character of the site and does not disturb adjacent development, or potential adjacent development;

(9) Hours of operation may be restricted to assure compatibility with surrounding development;

(10) The applicant shall ensure that pedestrian and vehicular traffic associated with the use will not be hazardous or conflict with existing and anticipated traffic in the neighborhood;

(11) Minimum Lot Size. Such facilities shall be located on a parcel no less than one acre in size and shall have adequate buffers from adjoining property to minimize impacts and to ensure compatibility with adjoining uses. (Ord. 2019-35 § 9; Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.65.250 Recreational vehicle parks.

(1) No recreational vehicle (RV) shall be used as a permanent place of habitation or dwelling for more than 180 days in any 12-month period;

(2) Any action toward removal of wheels of a recreational vehicle, except for temporary purposes of repair, or placement of the unit on a foundation, is hereby prohibited;

(3) No external appurtenances, such as carports, cabanas or patios, may be attached to any recreational vehicle while it is in a park;

(4) No space within a recreational vehicle park shall be rented for any purpose other than recreation or vacation;

(5) The minimum site area of a park shall be 10 acres;

(6) Design Standards. The purpose of this section is to establish minimum design standards for recreational vehicle parks:

(a) Density. The number of recreational vehicles permitted in a park shall not exceed a density of 20 units per gross acre;

(b) Campsite Size. Each individual recreational vehicle site shall be not less than 800 square feet in size;

(c) Access Points. All traffic into and out of the park shall be through entrances and exits that are designed for safe and convenient movement of traffic;

(d) Parking.

(i) At least one parking space shall be provided on each designated RV or campsite;

(ii) At least one parking space for each five sites shall be provided for visitor parking in the park;

(iii) All parking shall be improved with a durable, dustless surface of asphalt, grass-crete or concrete, and shall be so graded and drained as to dispose of all surface water on site in a manner acceptable to the city engineer;

(e) Internal Park Roads. All internal park roads shall be privately owned and maintained. Internal roads shall be designed and constructed as approved by the city engineer;

(f) Open Space/Recreational Facilities.

(i) A minimum of 20 percent of the site shall be set aside and maintained as open space for the recreational use of park occupants;

(ii) Open space shall be accessible and usable for passive or active recreation;

(iii) Parking spaces, driveways, access streets, and storage areas are not considered to be usable open space;

(g) Signs. Signs and advertising devices shall be prohibited in recreational vehicle parks except:

(i) One identification sign at each entrance of the park which may be indirectly lit, but not flashing, and not to exceed 16 square feet of copy area;

(ii) Directional and information signs for the convenience of occupants of the park and located internally;

(h) Utilities. All utility lines in the park shall be underground and shall be approved by the agency or jurisdiction providing the service;

(i) Storm Drainage. Storm drainage control facilities shall be subject to approval by the city engineer and shall comply with the WCC;

(j) Public Facilities. Recreational vehicle parks shall provide the following public facilities:

(i) Restroom facilities containing showers and toilets connected to the city’s sewer utility, the minimum number of which shall be one commode and one shower for each 20 recreational vehicle sites;

(ii) Refuse containers for solid waste in adequate quantity shall be provided and contracts shall be made with the service provider for regular pickup and disposal;

(iii) Park garbage shall be picked up daily and the park shall be maintained free of any uncontrolled garbage;

(iv) Each park shall have an on-site manager available 24 hours per day, seven days per week; and

(v) A written management plan shall be submitted for approval as a part of the conditional use permit process. It shall include, at a minimum, the proposed management structure, proposed park rules and regulations, and proposed methods to enforce occupancy limitations and other requirements of this section. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.65.260 Restaurants without drive-in or drive-through.

(1) Hours of operation shall be 7:00 a.m. to 10:00 p.m. and shall not interfere with the surrounding residential uses;

(2) The restaurant shall be restricted to a ground floor use;

(3) The gross floor area shall not exceed 3,000 square feet;

(4) Landscaping and Screening. The development shall comply with Chapter 10.62 WCC, Landscaping Standards, as amended;

(5) Parking shall be provided in accordance with Chapter 10.60 WCC, as amended. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.65.270 Satellite dishes, commercial.

(1) The development shall be designed to complement or match adjacent structures and landscapes with specific design considerations such as architectural designs, height, scale, color, and texture designed to blend with existing surroundings to the greatest extent feasible.

(2) Site placement shall take advantage of existing structures, landscaping, and/or topography to screen the development from pedestrian views. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.65.280 Schools.

(1) All playground areas shall be enclosed by a fence or equivalent containment structure built to the maximum height allowed in the underlying zoning district for fences;

(2) Minimum Setback Distance.

(a) Street: same as required in the underlying zoning district;

(3) Maximum building height, RS, RL and RM: 40 feet. Other districts: same as the height limitation of the zoning district for other buildings;

(4) All bus loading and unloading areas shall be located off the public right-of-way;

(5) Landscaping and Screening. The development shall comply with Chapter 10.62 WCC, Landscaping Standards, as amended;

(6) Any proposed reader boards/electronic message centers shall be reviewed as part of the conditional use permit;

(7) Architectural Scale. New nonresidential buildings in the RS, RL, RM, and RH zoning districts shall meet WCC 10.48.270. Deviations to these standards may be considered where the applicant can demonstrate that the change or deviation in design is either necessary due to the inherent function of the facility, and/or the change provides for equal or greater compatibility with the character of the surrounding neighborhood. Consideration of such a deviation shall include an informal design review workshop recommendation of the planning commission, where input from the surrounding neighborhood shall be solicited, and incorporated in staff analysis before the hearing examiner. (Ord. 2019-35 § 9; Ord. 2013-41 § 1 (Exh. B); Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.65.290 Service and repair, nonmotorized.

(1) Storage, repairing, and other similar type handling of products, merchandise, and equipment shall occur within an enclosed building or such area that will not be viewable from the public right-of-way or surrounding properties;

(2) All unloading and deliveries of merchandise and equipment shall not take place in the public right-of-way;

(3) The use shall be located on the ground floor within any mixed use development;

(4) The gross floor area shall be limited to 3,000 square feet. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.65.300 Student housing.

(1) Minimum lot area: 8,400 square feet or 600 square feet of lot area per sleeping room or two persons accommodated, whichever is greater;

(2) Student housing developments shall be located within one mile from a college or other institution of higher education;

(3) Landscaping and Screening. The development shall comply with Chapter 10.62 WCC, Landscaping Standards, as amended;

(4) Parking shall be based upon occupancy and consistent with Chapter 10.60 WCC, as amended. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.65.310 Supervised living facilities.

Supervised living facilities include nursing, congregate care, assisted living, and convalescence homes.

(1) Parking shall be provided per hearing examiner based upon occupancy and consistent with Chapter 10.60 WCC, as amended;

(2) Landscaping and Screening. The development shall comply with Chapter 10.62 WCC, Landscaping Standards, as amended;

(3) Architectural Scale. New supervised living facility buildings in the RS, RL, RM, and RH zoning districts shall meet WCC 10.48.270. (Ord. 2019-35 § 9; Ord. 2013-41 § 1 (Exh. B); Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.65.315 Parking facility, temporary.

The intent is to provide minimum standards for interim/temporary parking uses. Temporary parking facilities are intended where properties meet the code required number of parking stalls and have an immediate and temporary need for additional parking. Temporary parking facilities are also intended as a transitional use for vacant properties anticipating future development.

(1) The maximum operation shall not exceed two years. A property may reapply for a CUP at the end of the two years upon demonstration that such extension is needed to accommodate future development or a permanent parking facility. Performance review of previous conditions shall be required for reapplications.

(2) Parking areas shall be developed with a durable surface able to accommodate vehicle traffic. Gravel is allowed; provided, that a surface treatment is applied to control windblown dust.

(3) Ingress and egress points are required to be developed in a manner to prevent tracking of parking area surface material onto public streets.

(4) An engineered stormwater drainage control plan shall be established to protect neighboring properties from runoff.

(5) If conditions are not satisfactorily maintained, city has the right to revoke the CUP pursuant to WCC 13.13.020. (Ord. 2011-01 § 2)

10.65.320 Veterinary offices/clinics.

(1) The office or clinic shall make provisions to ensure that noise, odor, and any other potential nuisance will not adversely affect adjoining properties or existing uses;

(2) Landscaping and Screening. The development shall comply with Chapter 10.62 WCC, Landscaping Standards, as amended. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.65.330 Warehousing and storage.

All unloading and deliveries of merchandise and equipment shall make provisions on site so that these activities do not take place in the public right-of-way. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.65.340 Wholesale sales.

10.65.350 Wireless communication towers.

(1) Wireless communication towers shall be restricted to 150 feet in height for commercial zoning districts (CBD, NWBD, SWBD, I, and WMU) and 90 feet in height for residential zoning districts (RS, RL, RM, RH, CN, OMU, and RMU);

(2) Security fencing shall enclose all facilities, shall be no less than six feet in height, and shall be equipped with an appropriate anti-climbing device;

(3) Perimeter and street frontage landscaping shall be located outside of the fenced area;

(4) Accessory equipment facilities used to house wireless communications equipment should be located within buildings or placed underground when possible. When they cannot be located in buildings, equipment shelters or cabinets shall be screened and landscaped in conformance with Chapter 10.62 WCC, as amended;

(5) Site location and development shall preserve the preexisting character of the surrounding buildings and land uses and the underlying zoning district to the extent consistent with the function of the communications equipment. Wireless communication towers shall be integrated through location and design to blend in with the existing characteristics of the site to the extent practical. Existing on-site vegetation shall be preserved or improved, and disturbance of existing topography shall be minimized, unless such disturbance would result in less visual impact of the site to the surrounding area;

(6) A study shall be provided showing that the structure is required for present and future network coverage, that the height requested is the minimum necessary to provide for the function and potential collocated antennas and why the antennas could not be collocated on an existing structure;

(7) Visual impacts shall be minimized to the greatest extent possible by maximum feasible use of camouflage or screening, including but not limited to fencing, landscaping, strategic placement adjacent to existing buildings or live or simulated vegetation, undergrounding of accessory equipment structures, incorporation of wireless communications support structures, antennas and other appurtenances into the architectural features of existing buildings or structures and by requiring compatibility with key design elements in the surrounding area; for example, use of brick or other material similar to that used in adjacent buildings or structures, incorporation of support structures into compatible architectural features such as flag poles, bell towers or cornices, or use of simulated vegetation to camouflage support structures. (Ord. 2017-31 § 1 (Exh. B); Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))