Chapter 20.16
CONDITIONAL USE REQUIREMENTS AND PROCEDURES

Sections:

20.16.010    General provisions.

20.16.020    Conditional uses.

20.16.030    Standards generally.

20.16.040    Conditional use procedure.

20.16.010 General provisions.

A. Certain uses because of their unusual size, infrequent occurrence, special requirements, possible safety hazards or detrimental effects on surrounding properties and other similar reasons, are classified as conditional uses.

B. Certain uses may be allowed in certain general use types by a conditional use permit granted by the hearing examiner, provided such use is specified under the conditional use subsection of the appropriate general use type handbook and it is clearly shown that:

1. The proposed use will promote the health, safety, and general welfare of the community.

2. The proposed use will satisfy the purpose and intent of the general use type in which it is located.

3. The proposed use will not be detrimental to the surrounding neighborhood.

C. Nonconforming uses may be allowed to expand, enlarge, or increase in intensity by a conditional use permit granted by the hearing examiner; provided, that the added impacts from the proposed modification are shown to be consistent with the standards set forth in BMC 20.14.020(E) and in subsections (B)(1) and (3) of this section.

D. Prior to the granting of such permit, the hearing examiner shall hold a public hearing as provided herein and such permit shall only be issued if it shall be evident that all conditions for that particular use have been satisfied. Any request for a conditional use permit or variance which is part of a consolidated permit process as provided in BMC Title 21 shall be reviewed under the procedures of said title.

E. In applying the standards set forth in subsection (B) of this section the hearing examiner shall consider the following factors as to whether the proposed use will:

1. Be harmonious with the general policies and specific objectives of the comprehensive plan.

2. Enable the continued orderly and reasonable use of adjacent properties by providing a means for expansion of public roads, utilities, and services.

3. Be designed so as to be compatible with the essential character of the neighborhood.

4. Be adequately served by public facilities and utilities including drainage provisions.

5. Not create excessive vehicular congestion on neighborhood collector or residential access streets.

6. Not create a hazard to life, limb, or property resulting from the proposed use, or by the structures used therefor, or by the inaccessibility of the property or structures thereon.

7. Not create influences substantially detrimental to neighboring uses. “Influences” shall include, but not necessarily be limited to: noise, odor, smoke, light, electrical interference, and/or mechanical vibrations.

8. Not result in the destruction, loss, or damage to any natural, scenic, or historic feature of major consequence.

F. The hearing examiner shall not waive or reduce the minimum requirements of this title or any other title of the city code, unless upon proper variance petition.

G. Any conditional use permit that is issued shall certify the location, nature, and extent of the use, together with all conditions that are imposed and any other information deemed necessary for the issuance of said permit. A copy of this permit shall be kept on file and if at any time after implementation of the permit it is found that the property no longer complies with the conditions therein specified, then the owner shall be declared in violation of this title and shall be subject to its penalties.

H. An application for a conditional use permit which has been denied in whole or part shall not be resubmitted for a period of two years from the date of such denial, provided a conditional use application may be resubmitted if it is “sufficiently different.”

An application is “sufficiently different” when one of the following has been altered:

1. The application is for a different use.

2. The site area on a square foot basis has enlarged or decreased by at least 50 percent.

3. If the use has remained the same, when the total floor area on a square foot basis of all structures on the site has decreased by at least 50 percent.

4. The application satisfactorily addresses concerns identified by the hearing examiner as part of the public hearing preceding denial of the permit in whole or in part.

I. The director, may, if requested by the applicant, administratively consider and approve, one-time, nonaccumulative additions, modifications or changes when the intent of the hearing examiner, or specific conditions required by the hearing examiner, shall not be reduced or eliminated, and the modifications meet all of the following criteria:

1. The alterations result in an improved development plan for both the use itself, and the neighborhood.

2. Any alterations to structures constitute less than a 10 percent change on a square foot basis of the total floor area as originally approved.

3. The alterations will not infringe upon any requirements of this title.

4. The alterations will not have significant impact beyond the site.

Notification of such determination shall be forwarded to the city council and hearing examiner. [Ord. 2004-09-065; Ord. 2002-10-069 § 47; Ord. 10719 § 3, 1996; Ord. 9591 § 1, 1986; Ord. 9251 § 3, 1983; Ord. 9024, 1982].

20.16.020 Conditional uses.

A. 1. Adaptive Use.

a. Definition. Any approved use, generally not permitted within the area’s land use classification, which occurs or will occur in a building listed in the Bellingham register of historic places as provided for in BMC 17.90.050 or the local landmark register established under the prior landmark preservation code, Chapter 17.90 BMC.

b. Conditional in the following general use types: residential single, residential multi, commercial, and industrial.

c. Special Requirements. The proposal shall comply with the adaptive use provisions in BMC 17.90.080, Review of adaptive uses.

2. Art School.

a. Definition. A facility that provides instruction in the arts (drawing, painting, sculpture), arts crafts, music, theater or dance. This term does not include instruction in martial arts, sports, gymnastics and similar activities.

b. Conditional in the residential single and multi, and the neighborhood commercial general use types.

c. Special Requirements. Noise levels from the facility shall not exceed state noise standards in WAC 173-60-040 as amended, or city noise standards as may be adopted.

B. 1. Bed and Breakfast Facilities.

a. Definition. A single-family residence with not more than two rooms let as transient housing. For the purpose of this section, a transient shall be defined as a person who stays for a period not to exceed two weeks.

b. Conditional in residential single and residential multi (duplex and multi) designations.

c. Special Requirements.

i. The proposed use must be serviced by adequate essential public facilities, such as streets, police and fire protection, refuse disposal, water and sewer. Septic systems and private water systems may be authorized if approved by Whatcom County health department. However, septic systems shall not be permitted in the Lake Whatcom watershed.

ii. There shall be no change in the outside appearance of the building or premises, or visible evidence of the conduct of the bed and breakfast establishment, other than one flat, unlighted sign, not exceeding two square feet in area, mounted flush against the building.

iii. The applicant shall comply with local fire codes and guidelines promulgated by the Bellingham fire marshal and is encouraged to follow health guidelines developed by the Bellingham/Whatcom County district department of health for bed and breakfast establishments.

iv. A telephone shall be available for occupant use, emergency numbers and the address shall be clearly posted.

v. The proposal shall not cause detrimental effects to the surrounding neighborhood.

vi. No additional parking needs to be provided unless specifically found to be necessary by the hearing examiner in its review process.

2. Boarding and Rooming House.

a. Definition. A structure used for the purpose of providing lodging or lodging and meals, for persons other than those permitted under the “family” definition. This term includes dormitories, cooperative housing and similar establishments but does not include hotels, motels, medical care facilities, or bed and breakfast facilities.

b. Conditional in residential multi general use type.

c. Special Requirements.

i. The maximum occupancy shall not exceed one person per 250 square feet of ground area.

ii. Parking shall be provided off an alley if one is available. Such alley must be improved to a standard where it is dust free, well drained, and at least 10 feet in width.

C. 1. Child Placing Agency.

a. Definition. An agency which places children for temporary care, continued care or for adoption.

b. Conditional in the residential multi general use type.

c. Special Requirements.

i. The agency must be licensed by the state of Washington.

ii. The agency shall primarily consist of an office related use. However, temporary (i.e., overnight) lodging may be permitted if no other alternative means of lodging can be provided and such lodging is supervised by an employee of the agency.

2. Church.

a. Definition. A building used primarily for religious worship.

b. Conditional in all designations.

c. Special Requirements.

i. The border of the parking lot abutting or across the street from any residential use or residential general use type shall be screened. The hearing examiner may waive this provision if it specifically finds that such screening is not necessary due to an exceptional situation, and its deletion will not cause hardship or detrimental impact on present or future neighbors.

ii. The height limitations prescribed in the regulations of the district may be exceeded, provided the side yards are increased in width to at least 50 percent of the height of the building (spires and towers excluded). BMC 20.08.020, Height definition No. 1, shall always apply in determining the height of the building.

iii. Church sponsored uses located apart from the main building, such as residences, schools, auditoriums, convents, day care facilities, or other similar uses shall be considered separate uses and shall be subject to the applicable provisions of this title.

3. Commercial Recreation.

a. Definition. Land and/or building which is used for recreational activities by the general public or whose membership is not restricted to persons residing within a specific area, which normally operates with the intent of monetary gain. Such facilities shall include, but not necessarily be limited to, tennis and/or racquetball courts, bowling lanes, pool or billiard parlors, health and exercise spas, golf driving ranges and miniature golf courses. Specifically excluded from this definition are neighborhood club and activity centers and golf course facilities.

b. Conditional in the neighborhood commercial designation.

c. Special requirements – none.

4. Crematories.

a. Definition. A furnace or place of incineration or remains whether animal or human.

b. Conditional in the light industrial designation.

c. Special Requirements.

i. The use shall be screened from any residential use.

ii. All loading and unloading areas shall be screened from the view of surrounding properties.

D. 1. Day Care.

a. Definition. The supervised nonmedical care of people for periods less than 24 hours. There are three day care subcategories. The care of up to 12 children under the age of 12 years, including children who reside at the home, supervised by the occupant of the residence and licensed as a “family child care home” by the state of Washington shall be regarded as an accessory use requiring no permit. All day care facilities, including family day care homes, shall comply with state regulations and licensing requirements. Day care does not include provision of transitional facilities intended to provide rehabilitation or social adjustment:

i. Mini-Day Center. The care of more than 12 children, including children who reside at the home, conducted by the occupant within their residential structure. A mini-day center shall be regarded as a home occupation. (See home occupation.) (No temporary permits.)

ii. Day Center. The care of children within a nonresidential facility.

iii. Adult Day Care. The care of not more than 10 elderly adults within a residential structure not requiring a license from the state of Washington.

b. Day centers and adult day care are a conditional use in the residential single, multi, and the neighborhood commercial designations.

c. Special Requirements (Day Center Only).

i. The facility must be licensed by the state of Washington.

ii. The entire site shall be fenced if located abutting an arterial street.

iii. When outdoor play is permitted, there shall be provided a fenced play area of at least 75 square feet of play area per child and in no case shall the area be less than 750 square feet.

2. Day Treatment Center.

a. Definition. A facility which provides care, supervision, and appropriate therapeutic and educational services during part of a 24-hour day to children under the age of 18 years, who are unable to adjust to regular or special school programs or full time family living because of disruptive behavior, family stress, learning disabilities or other serious, emotional, or social handicaps.

b. Conditional in the residential single and multi general use types.

c. Special Requirements.

i. The facility must be licensed by the state of Washington.

ii. The facility must take place in a residential structure.

iii. There shall be no exterior modification of the building, nor shall there be any outward manifestation that the building is being used for other than residential use.

3. Drinking Establishment.

a. Definition – An establishment or any part thereof where alcoholic beverages are sold and consumed on the premises.

b. Conditional in the neighborhood commercial designation.

c. Special requirements – none.

E. Eating Establishment.

1. Definition. An establishment or any part thereof where prepared food is sold, but not alcoholic beverages.

2. Conditional in residential multi multiple general use type.

3. Special Requirement. Drive-through restaurants should be permitted only along designated arterials.

F. Golf Course Facility.

1. Definition. A publicly or privately owned facility devoted primarily to golf. It may include a clubhouse, eating and drinking facilities and other recreational or social activities such as tennis, horseback riding and outdoor recreation. Sleeping facilities other than quarters for one caretaker or manager (and family) shall be prohibited.

2. Conditional in the residential single and multi general use types.

3. Special Requirements.

a. Vehicular access shall be provided by a designated arterial street.

b. All main buildings shall be at least 100 feet from any property line.

c. Outdoor lighting and loudspeakers shall be controlled so as not to constitute a nuisance to adjacent property owners.

d. Quarters for animals must be approved by the least 200 feet from any property line.

e. All parking and service and delivery areas shall be screened from view of abutting property.

G. 1. Hazardous Waste Treatment and Storage Facilities.

a. Intent. Conditional with federal laws and policies related to the proper management of hazardous wastes, it is the express intent of the city, in complying with the State Hazardous Waste Management Act, to accommodate off-site facilities which process hazardous wastes used or generated by industries, businesses, or consumers of Bellingham.

b. Conditional in the light, heavy, and marine industrial land use designations. A possible permitted use in the planned industrial land use designation.

c. Facility Limitation.

i. It shall be the responsibility of the applicant to document to the satisfaction of the approving body the anticipated sources, types, volumes and final disposition of hazardous wastes to be collected and the type of treatments associated with those wastes. The permit shall be limited exclusively to those types of wastes and treatments as documented and approved.

ii. Total off-site facility capacity shall be limited to that needed to treat and store wastes generated within the city limits by generators requiring off-site management of hazardous wastes; provided, however, waste streams may be sourced from other jurisdictions through interagency zone designation agreements as approved by the city council, not to exceed 10 percent of the total local waste stream.

d. Siting Requirements. The site proposed for a treatment and storage facility must satisfy all of the siting criteria as adopted by the state. No variances from any dimensional or measurement standard shall be allowed.

e. Mitigation Required.

i. All facilities which require mitigation pursuant to state siting criteria shall be so conditioned by the approving body.

ii. All state siting criteria requiring consideration shall be addressed by staff in their report and conditions shall be imposed if deemed necessary by the approving body.

iii. Additional mitigating measures shall be required in regard to operational impacts if deemed appropriate pursuant to the State Environmental Policy Act.

f. Records and Inspection Reports.

i. Prior to occupancy of the facility, the State Department of Ecology shall certify to the city that the facility has been constructed consistent with state requirements.

ii. As a condition of approval, the applicant shall be required to keep and maintain accurate and current records of the types, amounts, sources, and final disposition of hazardous wastes collected. The applicant shall provide such records annually to the city, or sooner upon city request. If the facility is found to be exceeding the waste stream limitations or permit restrictions, the city staff shall so report to the approving body who shall have the authority to revoke the permit, following a public hearing, if the limitation has been exceeded absent an emergency situation. Any emergency must be documented by city staff.

iii. Annual inspections of the facility shall be a minimum city requirement. The applicant shall be required to forward copies of all facility inspection reports to the city. If deficiencies are found, the operator shall, within 15 days, submit to the city for approval an implementation schedule of corrective measures. Such schedule shall include specific completion dates and inspection reporting procedures.

If the state does not inspect the facility within the year, the applicant shall be required to arrange and bear all costs for an inspection by a qualified and independent inspection agency satisfactory to the city.

iv. Should the facility be found to consistently operate in a manner unsatisfactory to the city in regard to the public health and safety, the permit may be revoked by the approving body following a public hearing.

2. Height, Optional.

a. Purpose. To ensure that buildings exceeding the height limitation imposed by the standard building regulations of Chapter 20.32 BMC do so in a manner which will be safe, compatible with the general character of the neighborhood, and will not result in excessive bulk, intrusiveness, or a continuous wall of buildings whereby view or sunlight is impeded.

b. Conditional in the residential multi multiple designation.

c. Special Requirements.

i. The density specified in the neighborhood plan must be from zero to 1,500 square feet of land per unit. Neighborhood densities requiring more than 1,500 square feet of land per unit cannot apply.

ii. The applicant must submit a scaled rendering of the proposed building and the surrounding structures from at least two differing viewing situations.

iii. The minimum side and rear yards shall be 25 feet and 35 feet, respectively.

iv. The fire chief or fire marshal shall either certify that the proposed building can be properly protected in case of fire or shall make recommendations to ensure proper fire protection.

H. 1. Medical Care Facility.

a. Definition. Establishments, licensed by the state of Washington, which provide care to the elderly, sick, and disabled. These centers include hospitals, sanitariums, nursing homes, congregate care facilities, extended care centers, convalescent homes, and similar institutions. Doctor and dentist offices, day care and service care facilities are explicitly not permitted under this definition.

b. Conditional in the residential single and multi general use types and the neighborhood commercial designation.

c. Special Requirements.

i. The site must be adequate to accommodate the required parking and at least one off-street loading space in addition to that space required for the building.

ii. An accessory pharmacy may be allowed.

2. Monument and Stone Works.

a. Definition. Establishments engaged in the lettering, finishing or shaping to custom order of partly finished monuments and tombstones.

b. Conditional in the light industrial designation.

c. Special Requirements. The use shall not be located within 300 feet of any residential general use type.

I. 1. Neighborhood Club/Activity Center.

a. Definition. Land and/or building(s) used by a nonprofit group or organization for social, civic, educational, or recreational purposes which primarily serves the neighborhood in which it is located. Occasional banquets and special events are permissible; however, operation of eating and/or drinking facilities not associated with such banquets shall be prohibited.

b. Conditional in the residential single and multi general use types and the neighborhood commercial designation.

c. Special Requirements.

i. Buildings shall be landscaped and parking screened from the view of abutting residential property.

ii. Outdoor lighting shall be controlled so as not to be unduly bright and thereby constitute a nuisance to persons or property beyond the site.

iii. The use of outside loudspeakers shall be prohibited.

iv. Sleeping facilities shall be prohibited.

v. Neighborhood clubs and activity centers may be considered part of, or accessory to, other conditional uses, provided:

(A) The facility is clearly secondary and accessory to the primary use.

(B) The facility is located within the main building occupied by the primary use.

(C) Adequate off-street parking is provided.

2. Nursery, Agricultural.

a. Definition. An establishment where trees, shrubs, vines, and other plant stock are grown, propagated and/or stored for the purpose of sale or wholesale.

b. Conditional in the residential single and multi general use type.

c. Special Requirements. At least 50 percent of the total site area must be devoted to growing and/or propagation.

J. 1. Parking Facilities (Nonretail).

a. Definition. Land area or structure devoted to the temporary parking or storage of motor vehicles for which a fee is not charged and where no service or repairs of any kind are furnished. Lots used for the sale or rental of cars shall not be included in this definition.

b. Conditional in the residential multi general use type.

c. Special Requirements.

i. Must be used in conjunction with other principal or conditional uses allowed in the residential multi general use type.

ii. Screening shall be required on all sides facing or abutting residential uses.

iii. The parking facility must be hard surfaced.

iv. Lighting may be permitted if deemed necessary to safeguard property in the area; however, it shall be designed to offer the minimum of glare to neighboring uses.

v. Security measures, such as chaining off all access areas, may be required by the hearing examiner.

2. Private Uses in Public Designations.

a. Definition. Uses which are not customarily subordinate to the primary use of a public designation, but because of the nature of the primary use can enhance the intent of the public use.

b. Conditional in all use qualifiers of the public designation.

c. Special Requirements.

i. The use shall support and enhance the primary or intended use of the property and shall not detract from the intent of the public designation or interfere with delivery of public services.

ii. There shall be a demonstrated need for such use in the area in which it is proposed. It shall be the applicant’s responsibility to clearly demonstrate that private businesses nearby will not be substantially negatively impacted.

iii. Preference shall be given to operation of the use by a nonprofit organization.

iv. Revenues generated by lease of the property shall go toward enhancing service delivery of the primary use.

v. Signage is limited to 16 square feet. Signs shall be unlighted or indirectly lighted.

3. Private Club and Lodge.

a. Definition. Land and/or building that is privately owned and normally restricted from use by the general public and operated as an assembly area by and for a nonprofit organization, society, lodge, fraternity, yacht club or similar entity. The facility may feature eating, drinking, dancing, or similar activities.

b. Conditional in the neighborhood and auto commercial designated areas.

c. Special Requirements. All property lines adjacent to any residential general use type shall be screened.

4. Public Utilities – Community.

a. Stormwater detention facilities or water storage facilities that are approved by the city as part of a preliminary plat, binding site plan contract or planned contract shall not require a separate conditional use approval. In these cases, the factors listed in subsection (J)(4)(c) of this section shall be considered.

b. The hearing examiner shall have the authority to require standards more stringent than the zone’s development regulations or allow relief from these standards if the hearing examiner finds that such modifications are necessary to accommodate the special needs of an appropriate use and/or mitigate impacts from the use.

c. The following factors shall be considered during evaluation of the proposal:

i. The demonstrated community need for the facility.

ii. Adequacy of streets, utilities and public services required to serve the use.

iii. Traffic impacts on surrounding streets and pedestrian circulation.

iv. The adequacy of parking, circulation and access.

v. The degree to which the design of the facility has considered the nature of the adjacent land uses and has incorporated measures to minimize adverse impacts, to the extent practicable, by screening, landscaping, lighting, arrangement of facilities on the site, choice of architectural type and similar features.

vi. Availability of public transportation, if applicable.

vii. Consistency with the goals and policies of the Bellingham comprehensive plan.

viii. Compliance with other local, state and federal regulations.

ix. Adequacy of pedestrian access.

5. Public Utilities.

a. Definition. A use owned or operated by a public or publicly licensed or franchised agency which provide essential public services such as telephone exchanges, electric substations, radio and television stations and towers, microwave and line-of-site transmission stations, gas and water regulation stations, and other facilities of this nature.

b. Conditional in residential single, residential multi, and commercial general use types.

c. Special Requirements.

i. The rationale for the particular facility in the proposed location must be clearly demonstrated by the applicant to the hearing examiner’s satisfaction.

ii. A minimum 20 feet yard shall be required on all sides of the site and such yards shall be landscaped; provided, however, that in the case of towers or other overheight structures, each yard shall be of a width no less than 50 percent of the height of the highest part of the structure.

iii. Complete plans showing the elevations, locations of the proposed structures, and locations of buildings on adjoining properties shall be submitted for approval by the hearing examiner. Approval shall be based upon appearance and compatibility with the development of the surrounding properties.

iv. There shall be no garaging or storage of motor vehicles nor shall there be any storage of materials outside the building.

v. There shall be no machinery or equipment installed that would cause noise, electrical interference or similar disturbances to the surrounding property.

vi. In the event personnel are required on a day-to-day basis on the premises in order to operate the facility, one off-street parking space shall be required for each employee on duty.

K. 1. Recreational Vehicle Parks and Campgrounds.

a. Definition. Land used for the temporary storage of recreational vehicles or camp sites for the traveling public.

b. Conditional in the auto commercial general use type.

c. Special Requirements.

i. The proposed site must be serviced by adequate essential public facilities such as streets, police and fire protection, refuse disposal, water and sewer. An adequate street shall be not less than the minimum standard of the city.

ii. Sewage disposal, restroom, shower and laundry facilities shall be provided.

iii. Unless building codes provide otherwise, accessory structures, such as washrooms and toilets, shall be located no closer than five feet from other accessory structures.

iv. The proposed use shall comply with state and local fire and health codes and guidelines promulgated by the Bellingham fire department and Whatcom County health department.

v. The proposal shall not cause detrimental effects to the surrounding neighborhood. A perimeter buffer or screen may be required to protect adjacent property and roadways from unsightliness, visual distraction, and noise impact. Perimeter buffers may be supplemented by a fence. Any lighting shall be designed, located, and shielded in such a manner as to prevent glare onto neighboring properties and to not create safety hazards or interference with adjacent uses.

vi. There shall be no storage or handling of hazardous, explosive, or flammable materials unless specifically authorized and approved by the fire department.

vii. Proper management during the operation of the recreational vehicle park shall be provided and shall include, at minimum, the following:

(A) A management building or facility providing registration, first aid, and information on park rules.

(B) A general manager or security person available 24 hours per day.

(C) A telephone available to the public with emergency numbers clearly posted together with the address of the park.

2. Recycling Collection Center.

a. Definition. A premises used for the collection of bottles, cans, newspapers, and other small recyclable materials normal to residential waste. Processing, other than preparation of the materials for transportation to a processing center, is prohibited.

b. Conditional in the neighborhood commercial designation.

c. Special Requirements.

i. The operation must be carried on entirely within an enclosed structure, except that pick up and delivery may be conducted in the open.

ii. The site shall be screened from abutting residential uses.

iii. Hours of operation shall not be longer than 7:00 a.m. to 7:00 p.m.; however, the hearing examiner may further adjust such operating hours if deemed necessary.

iv. The size of the operation shall be commensurate with the size of the neighborhood served.

v. At any time the use becomes unsightly, unsanitary, or a nuisance it shall cease to operate.

3. Riding Academy.

a. Definition. A use devoted to the training and/or exercise of horses.

b. Conditional in the residential single and multi, neighborhood commercial, and light industrial general use types.

L. 1. School.

a. Definition. An institution of learning, whether public or private, which offers instruction in those courses of study required by the Washington Education Code or which is maintained pursuant to standards required by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school or any special institution of education, but it does not include “art schools” or “institutions of higher education” as defined herein.

b. Conditional in the residential single and multi, neighborhood commercial, and light industrial general use types.

c. Special Requirements.

i. A school(s) should not become the only use within a neighborhood commercial subarea (or district when there are contiguous commercial subareas).

ii. Any school proposal shall be consistent with the policies outlined within the applicable neighborhood plan.

iii. Within the Light Industrial General Use Type.

(A) The applicant shall demonstrate that there is adequate and safe pedestrian and bicycle access to the site for any students using these modes of transportation.

(B) Outdoor activity areas and site entries shall be separated from adjacent properties with fencing or other boundary defining measures as determined by the hearing examiner. The hearing examiner may reduce and modify the standard light industrial district landscaping and screening requirements for required yards.

(C) A crime prevention through environmental design (CPTED) analysis shall be conducted by the police department. The hearing examiner shall consider these recommendations and may include them as conditions of approval.

(D) The applicant shall demonstrate that the light industrial district uses will not be detrimental to the functioning of the school.

2. Service Care.

a. Definition. A group residence licensed by the state operated with full-time supervision for housing resident persons who, by reasons of their mental or physical disability, addiction to drugs or alcohol or family and social adjustment problems, require a transitional nonmedical treatment program for rehabilitation and social readjustment. For the purposes of this title, a nonmedical treatment program consists of counseling, vocational guidance, training, group therapy and other similar rehabilitative services but does not include drug and/or alcohol detoxification. Monitoring the taking of prescription medication shall be permitted. The use of medication by any resident shall be incidental to that person’s residence in the facility and shall not be a criterion for residence in the facility. Programs providing alternatives to imprisonment, including prerelease, work-release and probationary programs which are under the supervision of a court, state or local agency are included in this definition.

i. Foster Home. A home which provides regular care other than with a permanent live-in supervisor for up to four developmentally disabled adults, or up to four adults in need of protection who are recipients of state or federal financial assistance services, or up to four foster children under the age of 18 (or up to six on an interim basis) or up to three expectant mothers in a residential structure of the person or persons under whose direct care and supervision the people are placed.

ii. Group Home. The care of more than four but not more than 10 people.

iii. Child Care Facility. The care of more than 10 children under the age of 18 years.

b. Conditional in the residential single, residential multi, and neighborhood commercial designations.

c. Special Requirements.

i. The facility must be licensed by the state of Washington.

ii. The hearing examiner shall determine the required number of off-street parking spaces.

3. Single-Family Residence, Containing 5,500 Square Feet or More.

a. Explanation. A conditional use permit is required for the construction of a single-family residence when the main building contains at least 5,500 square feet of total floor area or for any addition to the main building of a single-family residence that will result in a building containing at least 5,500 square feet of total floor area. For the purpose of this subsection, “total floor area” shall include the sum of the gross horizontal area of the floor or floors of the building, measured from the exterior faces of the exterior walls including elevator shafts and stairwells on each floor and including garages, but excluding unroofed areas and roofed areas open on two or more sides.

b. Conditional in the residential single and residential multi designations.

c. Special Requirements. In neighborhood areas with a “view” special condition or other locations which have views of lakes, the bay or mountains, the applicant shall provide an analysis of the anticipated impacts on views from adjacent properties that may be affected by construction of the proposed residence or addition. The hearing examiner must find that the proposal will not cause significant adverse impacts on views from other properties that are due to the size or design of the building and which could be reduced by an alternative design.

In all locations, regardless of whether views are a consideration, the building should minimize adverse impacts on the surrounding residential area by employing roof styles and building articulation that is comparable to those commonly found in single-family residential construction. Adverse impacts should also be minimized by attention to the relationship between the building and topography of the site. [Ord. 2014-09-049 §§ 34 – 37; Ord. 2007-04-031; Ord. 2005-12-094; Ord. 2004-09-065; Ord. 2002-10-069 § 47; Ord. 2002-06-045 § 2; Ord. 2001-07-049; Ord. 1998-05-032 § 2; Ord. 10643 § 5, 1995; Ord. 10510 § 1, 1994; Ord. 10038 § 2, 1990; Ord. 9908 § 4, 1989; Ord. 9814 § 5, 1988; Ord. 9639 § 2, 1987; Ord. 9582 § 2, 1986; Ord. 9024, 1982].

20.16.030 Standards generally.

Conditional use proposals must satisfy, as a minimum, the standard building and sign regulations specified in the general use type development handbook in which they are located, as well as the special requirements detailed in the previous subsection. In addition, conditional use proposals must satisfy the general parking and landscaping requirements found in Chapter 20.12 BMC. [Ord. 9024, 1982].

20.16.040 Conditional use procedure.

Conditional use applications shall follow the procedures in Chapter 21.10 BMC. [Ord. 2004-09-065; Ord. 10719 § 4, 1996; Ord. 10160 § 7, 1991; Ord. 9630 § 4, 1986; Ord. 9582 § 4, 1986; Ord. 9024, 1982].