Chapter 17.56 CONDITIONAL USES

Uses designated in this chapter as conditional property uses shall be permitted, enlarged, or altered upon approval of the hearing examiner, except as specified in Section 17.56.020, in accordance with the standards and procedures of this chapter and Chapter 2.15. Conditional property uses are those which may be appropriate, desirable, convenient or necessary in the district in which they are allowed, but which by reason of their height or bulk or the creation of traffic hazards or parking problems may be injurious to the public health, safety, welfare, comfort, and convenience unless appropriate conditions are imposed. (Ord. 1448 § 6 (Exh. G) (part), 2012: Ord. 1411 § 4 (Exh. C) (part), 2010: Ord. 1206 § 2 (part), 2001: Ord. 314 § 14 (part), 1962).

17.56.015 Signs.

Signs for uses designated in this chapter as conditional property uses are subject to the requirements set forth in the sign code, Chapter 17.58 of the Chelan Municipal Code, as it now exists or as it may be hereafter amended. (Ord. 1448 § 6 (Exh. G) (part), 2012: Ord. 1411 § 4 (Exh. C) (part), 2010: Ord. 1022 § 11, 1995).

17.56.020 Permit – Restrictions or conditions stipulated.

A. Permits for conditional property uses shall be signed by the hearing examiner or planning director per Title 19 and shall stipulate restrictions or conditions which may include a definite time limit, provisions for a front, side or rear yard greater than the minimum requirements of the zoning ordinance, suitable landscaping, additional off-street parking, and any other reasonable restrictions, conditions or safeguard that would uphold the spirit and intent of the zoning ordinance, and mitigate any adverse effect upon the neighborhood properties by reason of the use extension, construction, or alteration allowed.

B. The following uses shall be approved administratively by the planning director:

1. Expansion of the floor area or ground area by twenty percent or less of a legally established conditional use.

2. Home occupations that generate customers on an appointment basis only, excluding barber and beauty shops.

3. Parking lots with twenty stalls or less.

4. Alteration of an existing permitted conditional use permit that does not result in an increase of twenty percent average daily trips and does not exceed fifty daily trips. A traffic impact study may be required.

5. Accessory dwelling units in the Single-Family (R-1) and Multi-Family (R-M) zones.

C. Process for administrative conditional use permits shall comply with Title 19 Type III, except the decision will be made by the planning director instead of the hearing examiner. (Ord. 1448 § 6 (Exh. G) (part), 2012: Ord. 1411 § 4 (Exh. C) (part), 2010: Ord. 1206 § 2 (part), 2001: Ord. 314 § 14 (part), 1962).

17.56.030 Permit – Duration.

If not otherwise specified by the hearing examiner, conditional property use permits shall expire at the end of a period of one year from the time they are granted, if the use for which the permit is granted is not established by that time. (Ord. 1448 § 6 (Exh. G) (part), 2012: Ord. 1411 § 4 (Exh. C) (part), 2010: Ord. 1206 § 2 (part), 2001: Ord. 314 § 14 (part), 1962).

17.56.040 Enforcement authority.

The officer having charge of the enforcement of this code shall have at any time the right and duty to investigate any complaints concerning the use of any structure or property or the continuance of use of any structure or property in accordance with the provisions covering conditional property uses.

Upon his or her finding that the use or continued use of said premises is contrary to the provisions of this title establishing conditions for such use then he shall forthwith issue a cease and desist order prohibiting the use or continuance of use of said premises for said purpose and it shall be abated as a public nuisance. Any order of cease and desist issued by the officer having charge of the enforcement of this code as above provided shall be appealable in writing to the hearing examiner for a period of twenty days after the issuance of the order. (Ord. 1448 § 6 (Exh. G) (part), 2012: Ord. 1411 § 4 (Exh. C) (part), 2010: Ord. 1206 § 2 (part), 2001: Ord. 314 § 14 (part), 1962).

17.56.050 Minimum dimensional standards and conditions required.

Any conditional property use shall meet the minimum dimensional standards of the zone in which it is to be located as well as the minimum conditions listed in this chapter. (Ord. 1448 § 6 (Exh. G) (part), 2012: Ord. 1411 § 4 (Exh. C) (part), 2010: Ord. 314 § 14 (part), 1962).

17.56.060 Home occupations.

Minimum conditions are as follows:

A. Districts permitted: R-1 Residential District, R-M Residential District, C-W Commercial District;

B. Minimum Conditions.

1. That the use of the premises as a home occupation will qualify as to the definition of a home occupation;

2. Not over twenty percent of the actual total floor area of one floor is to be used for the home occupation;

3. The home occupation is to be a secondary use of the dwelling;

4. No structural alteration or construction to accommodate the home occupation which would, upon the vacation of the home occupation, be of a character indicating a nonresidential use or which would not lend itself to the ordinary residential occupancy of this space formerly devoted to the home occupation, and no entrance to the space devoted to the home occupation from other than within the dwelling except when otherwise required by law will be allowed;

5. No person other than members of the immediate family and in no case more than two persons of the immediate family residing in a dwelling are to be engaged in said home occupation(s);

6. Repealed by Ord. 1022;

7. No window display and no sample commodities displayed outside the building;

8. No stock in trade stored nor commodity kept for sale which is not produced on the premises;

9. No materials or mechanical equipment shall be used which will be detrimental to the residential use of the residence or adjoining residences because of vibration, noise, dust, smoke, odor, interference with radio or television reception or other factors;

10. No materials or commodities shall be delivered to or from the residence which are of such bulk or quantity as to require delivery by a commercial vehicle or a trailer or the parking of customers’ vehicles in a manner or frequency as to cause disturbance or inconvenience to nearby residents or so as to necessitate off-street parking;

11. The home occupation must be conducted entirely within the dwelling. (Ord. 1448 § 6 (Exh. G) (part), 2012: Ord. 1411 § 4 (Exh. C) (part), 2010: Ord. 1071 § 6, 1997; Ord. 1022 § 12 (part), 1995; Ord. 314 § 14A, 1962).

17.56.070 Public schools and private schools offering curricula similar to public schools.

Minimum conditions are as follows:

A. Districts permitted: DSF Downtown Single-Family, DMR Downtown Mixed Residential, TMU Tourist Mixed-Use, DMU Downtown Mixed-Use, R-1 Residential District, R-M Residential District;

B. Minimum conditions:

1. Fifty-foot setback on front, side and rear yard;

2. Off-street parking area equal to at least five times the floor area of the auditorium or two stalls per classroom, whichever is the greater;

3. Conformance with the neighborhood and comprehensive plan. (Ord. 1448 § 6 (Exh. G) (part), 2012: Ord. 1411 § 4 (Exh. C) (part), 2010: Ord. 314 § 14B, 1962).

17.56.080 Mini day care centers and day care centers.

Minimum conditions are as follows:

A. Districts Permitted.

1. Mini day care centers:

a. R-1 Single-Family Residential District;

b. R-M Multi-Family Residential District;

2. Day care centers within churches and other semipublic buildings:

a. R-1 Single-Family Residential District;

b. R-M Multi-Family Residential District;

3. Day care centers not within churches and other semipublic buildings:

a. C-HS Highway Service Commercial District;

B. Minimum Conditions.

1. One temporary loading space (ten by twenty feet) for every six children (legal curbside on-street parking spaces adjacent to the day care home or facility may be applied toward this requirement);

2. Licensing in accordance with DSHS requirements;

3. The facility shall comply with the requirements of adopted building codes;

4. The facility shall comply with the requirements of the International Fire Code;

5. Permit shall be subject to automatic review by the planning director or designee six months after approval, to allow for review of compliance and adequacy of conditions. At this review the board of adjustment may elect to issue permanent approval, or require another review six months thereafter. (Ord. 1448 § 6 (Exh. G) (part), 2012: Ord. 1411 § 4 (Exh. C) (part), 2010: Ord. 840 § 1, 1988: Ord. 763 § 2, 1985: Ord. 712 § 6, 1983).

17.56.090 Schools and studios for group instruction.

Minimum conditions are as follows:

A. Districts permitted: R-M Residential District, DSF Downtown Single-Family, DMR Downtown Mixed Residential, TMU Tourist Mixed-Use, DMU Downtown Mixed-Use.

B. Minimum conditions: Same minimum conditions as specified for home occupations. (Ord. 1448 § 6 (Exh. G) (part), 2012: Ord. 1411 § 4 (Exh. C) (part), 2010: Ord. 314 § 14D, 1962).

17.56.100 Clinics, hospitals, and sanitariums.

Minimum conditions are as follows:

A. Districts permitted: R-M Residential District, DMR Downtown Mixed Residential. (Ord. 1448 § 6 (Exh. G) (part), 2012: Ord. 1411 § 4 (Exh. C) (part), 2010: Ord. 998 § 1, 1994; Ord. 314 § 14E, 1962).

17.56.110 Churches.

Minimum conditions are as follows:

A. Districts permitted: R-1 Residential District, R-M Residential District, C-HS Highway Service Commercial District, DSF Downtown Single-Family, DMR Downtown Mixed Residential, TMU Tourist Mixed-Use.

B. Minimum Conditions.

1. Minimum lot area: ten thousand square feet;

2. Minimum lot frontage: one hundred feet;

3. Site must be on or within one block of a major arterial or collector street;

4. The lot coverage shall be that of the zone in which the church is allowed as a conditional use except that in the case of a residential zone, the maximum lot coverage for a church structure shall be twenty-five percent;

5. Maximum height: forty feet;

6. Minimum setback distances: front yard same as required in district regulations, fifteen feet for side yard, and twenty feet for rear yard. Buildings on corner lots shall observe the minimum front yard setback on both streets;

7. Repealed by Ord. 1022. (Ord. 1448 § 6 (Exh. G) (part), 2012: Ord. 1411 § 4 (Exh. C) (part), 2010: Ord. 1183 § 1, 2000; Ord. 1176 § 2, 2000; Ord. 1022 § 12 (part), 1995; Ord. 314 § 14F, 1962).

17.56.120 Municipal building/structure.

Minimum conditions are as follows:

A. Districts permitted: R-1 Residential District, R-M Residential District, C-HS Commercial District, C-W Waterfront Commercial District, W-I Warehouse and Industrial District, T-A Tourist Accommodations District, DSF Downtown Single-Family, DMR Downtown Mixed Residential, TMU Tourist Mixed-Use.

B. Minimum conditions:

1. Maximum coverage: sixty-five percent for all buildings within the residential zones; that of the district in which the structure is located within all other zones;

2. Minimum setback distances: those of the district in which the structure is located;

3. Maximum height: that of the district in which the structure is located;

4. Parking requirements determined by city of Chelan development standards based on proposed use. (Ord. 1448 § 6 (Exh. G) (part), 2012: Ord. 1411 § 4 (Exh. C) (part), 2010: Ord. 314 § 14G, 1962).

17.56.130 Places of public or private assembly.

Minimum conditions are as follows, not otherwise specifically provided for in this title:

A. Districts permitted: R-M Residential District, T-A Tourist Accommodations District.

B. Minimum Conditions.

1. Other requirements of the district in which the structure is located. (Ord. 1448 § 6 (Exh. G) (part), 2012: Ord. 1411 § 4 (Exh. C) (part), 2010: Ord. 314 § 14H, 1962).

17.56.150 Motels.

Minimum conditions are as follows:

A. District permitted: C-W Commercial District.

B. Minimum Conditions.

1. Repealed by Ord. 1022;

2. Screening: Screening is to consist of a continuous fence supplemented by landscape planting or a continuous wall, evergreen hedge, or combination thereof, so as to effectively screen the motel along each property line which abuts upon or faces across a street, alley or any lot in a residential zone. The screening is to be maintained in good condition and the same maximum heights shall apply as for fences in the R-1 Residential District. (Ord. 1448 § 6 (Exh. G) (part), 2012: Ord. 1411 § 4 (Exh. C) (part), 2010: Ord. 1022 § 12 (part), 1995; Ord. 314 § 14J, 1962).

17.56.160 Public and commercial parking lots.

Minimum conditions are as follows:

A. District permitted: R-M Residential District.

B. Minimum conditions:

1. Development and screening: Parking areas in this district shall meet the requirements of the zoning code and development standards.

2. Repealed by Ord. 1022. (Ord. 1448 § 6 (Exh. G) (part), 2012: Ord. 1411 § 4 (Exh. C) (part), 2010: Ord. 1022 § 12 (part), 1995; Ord. 314 § 14K, 1962).

17.56.170 Mortuaries.

Minimum conditions are as follows:

A. Districts permitted: C-HS Commercial District, DMR Downtown Mixed Residential.

B. Minimum conditions:

1. Side and rear yard must be one and one-half times the minimum requirements for the zone in which said enterprise is to be located;

2. There shall be fencing or a planting screen provided of at least forty-two inches in height and no more than six feet in height located on all abutting property lines. (Ord. 1448 § 6 (Exh. G) (part), 2012: Ord. 1411 § 4 (Exh. C) (part), 2010: Ord. 314 § 14L, 1962).

17.56.180 Public dance halls.

Minimum conditions are as follows:

A. Districts permitted: C-L Commercial District, T-A Tourist Accommodations District.

B. Minimum conditions shall meet parking standards for places of public assembly as stated in the development standards.

C. Screening.

1. There shall be sight-obscuring fence or planting strip at least forty-two inches in height located on the setback line established for front yards and for side yards abutting a side street;

2. There shall be sight-obscuring fence or planting strip at least forty-two inches in height and no more than six feet in height located on rear property line and on side property line that does not abut a street;

3. The property shall be maintained and properly landscaped between the street and the setback line.

D. Lighting. Light shall comply with Chapter 17.62. Walkways, roadways and service facilities shall be well lighted. (Ord. 1448 § 6 (Exh. G) (part), 2012: Ord. 1411 § 4 (Exh. C) (part), 2010: Ord. 369 § 1, 1967: Ord. 314 § 14M, 1962).

17.56.200 Historical site or structure.

Such designation may be established by the hearing examiner upon the following conditions:

A. The site or structure is of historical significance to be identified and set aside for this purpose;

B. Repealed by Ord. 1022;

C. Hours of operation shall be limited to the hours of eight a.m. to six p.m. daily or as otherwise directed by the board of adjustment;

D. The hearing examiner has the authority to establish appropriate parking standards when the required standard substantially alters the historic site or structure. (Ord. 1448 § 6 (Exh. G) (part), 2012: Ord. 1411 § 4 (Exh. C) (part), 2010: Ord. 1022 § 12 (part), 1995; Ord. 625 § 2, 1979).

17.56.220 Gasoline service stations.

Minimum conditions are as follows:

A. A complete and detailed site plan shall be submitted to the planning director with the application, including, but not limited to, building location, size and site improvements;

B. Painting, reconstruction, or sale of motor vehicles on site shall not be permitted in C-W Waterfront Commercial district;

C. All freestanding gasoline pumps and automobile service station pump islands may be located in a required yard; provided, that they are at least fifteen feet from all lot lines;

D. A gasoline service station shall be enclosed by a view-obscuring security fence or solid wall at least six feet high where it adjoins the rear or side of any residential or residential planned development zone, or where it adjoins any public park, school, or church;

E. Repealed by Ord. 1022;

F. All gasoline storage tanks shall be installed underground;

G. No residential land uses shall be allowed upon any property containing a gasoline service station unit;

H. All gasoline service station driveways and parking areas shall be constructed with impervious paved surfaces designed to control drainage on site;

I. Display or storage of merchandise sold by the gasoline service station shall be allowed outside of any building in conformance with normal minimum setbacks of the districts in which the use is located;

J. Each gasoline service station shall be designed so that the attendants can maintain close surveillance on all pumps and islands the entire time the gasoline station is open for business;

K. Any lighting shall comply with Chapter 17.62;

L. Gasoline service stations shall conform to all applicable local, state, and federal fire and building code requirements. (Ord. 1448 § 6 (Exh. G) (part), 2012: Ord. 1411 § 4 (Exh. C) (part), 2010: Ord. 1022 § 12 (part), 1995; Ord. 730 § 5, 1984).

17.56.230 Bed and breakfast.

Minimum conditions are as follows:

A. Districts Permitted.

1. R-1 Single-Family Residential District;

2. R-M Multi-Family Residential District;

3. DMR Downtown Mixed Residential;

4. DSF Downtown Single-Family;

5. C-HS Highway Service Commercial District;

6. T-A Tourist Accommodations District; and

7. SUD Special Use District.

B. Minimum Conditions.

1. The owner of the premises shall be the applicant for the conditional use permit.

2. The bed and breakfast facilities shall be the principal residence of the owner.

3. Bed and breakfast facilities shall meet all applicable health, fire safety and building codes and shall be operated so as to not give the appearance of being a business, and those facilities in or adjacent to residential districts shall not infringe upon the right of neighboring residents to peaceful occupancy of their homes.

4. Repealed by Ord. 1022.

5. Driveways accessing a bed and breakfast which are more than one hundred feet in length shall have an improved width of at least twelve feet with appropriately spaced cutouts to facilitate the passage of two vehicles traveling in opposite directions.

6. A minimum of three parking stalls shall be provided.

7. The hearing examiner may impose other conditions, such as additional parking, improved access, landscaping or screening, if found necessary to protect the best interests of the surrounding properties of the neighborhood due to the nature of the site or the facility.

8. Conditional use permits granted shall specify the number of rooms available for rental by the owner. (Ord. 1448 § 6 (Exh. G) (part), 2012: Ord. 1411 § 4 (Exh. C) (part), 2010: Ord. 1114 § 8, 1998; Ord. 1040 § 1, 1996; Ord. 1022 § 12 (part), 1995; Ord. 800 § 7, 1987).

17.56.240 Motor vehicle sales.

Repealed by Ord. 1204. (Ord. 804 § 2, 1987).

17.56.250 Security fencing.

Minimum conditions are as follows:

A. Districts permitted: C-HS Highway Service Commercial District, C-W Waterfront Commercial District and W-I Warehousing and Industrial District.

B. Minimum Conditions.

1. Fence height shall not exceed eight feet.

2. All portions of a security fence shall be comprised of similar materials and shall be painted a uniform color.

3. Fencing materials shall be solid and shall provide an effective sight screen from any adjacent residential properties.

4. The planning director may require landscaping to be placed in front of a security fence if found necessary to protect the best interests of the surrounding properties of the neighborhood due to the nature of the site or the facility.

5. Setbacks.

a. Front yard: twenty feet;

b. Side yard: zero feet;

c. Rear yard: zero feet. (Ord. 1448 § 6 (Exh. G) (part), 2012: Ord. 1411 § 4 (Exh. C) (part), 2010: Ord. 886 § 9, 1989).

17.56.260 Veterinary hospitals.

A. Minimum conditions are as follows, unless otherwise specifically provided for in this title:

1. The “veterinary hospital facility” will not include outdoor animal holding pens.

2. The walls of the structure itself, or the area in which animals will be kept during treatment, will be constructed with additional soundproof buffering as required and approved by the city building code administrator.

3. Screening and landscape buffering will be provided in accordance with Section 17.28.050.

4. Animal carcasses will be frozen and placed in the waste receptacles on pickup day only.

5. The housing of livestock overnight will not be permitted. The housing of small animals overnight will be minimized. (Ord. 1448 § 6 (Exh. G) (part), 2012: Ord. 1411 § 4 (Exh. C) (part), 2010: Ord. 925 § 2, 1991).

17.56.270 Brewpubs.

Minimum conditions are as follows:

A. District permitted: the T-A Tourist Accommodations District.

B. Minimum Conditions.

1. Confirmation by the public works director that the sewer and water systems will not be required to provide services beyond their capacity with the addition of the proposed brewpub and other uses proposed at that time.

2. The public works director shall determine that the acidity and B.O.D. of all waste expected to be discharged to the sewer will not significantly impact the function of the sewer system. Any increase in the amount of beer proposed to be brewed in the original application will require another review and approval by the public works director.

3. The proposal shall be in compliance with the International Building Code and Uniform Plumbing Code.

4. The proposal shall have approval from Chelan-Douglas Health District prior to opening the business.

5. The conditional use file shall be reviewed by planning and community development staff after six months of operation by the brewpub to determine if any complaints have been received in regard to the smell created by the brewing process. If the department determines that the smell significantly affects the neighborhood, the brewpub will be further conditioned to brew only between the hours of ten p.m. and six a.m.

6. Restaurants with brewpubs in the Tourist Accommodations District shall not be located within one hundred fifty feet of any residential zone; provided, that if the structure to be used for the restaurant/brewpub was erected and used for a similar activity, and the residential development or designation went into effect after the structure was erected, this one-hundred-fifty-foot restriction shall not apply. (Ord. 1448 § 6 (Exh. G) (part), 2012: Ord. 1411 § 4 (Exh. C) (part), 2010: Ord. 1120 §§ 2, 3, 1998; Ord. 1101 § 3, 1998).

17.56.280 Large satellite dish antennas and broadcast and relay towers.

A. Generally. As provided in Section 17.70.020, large satellite dish antennas and broadcast and relay towers located within the R-M and R-1 zoning districts require a conditional use permit. No such permit may be granted until a hearing has been held by the hearing examiner and written findings and conclusions have been entered.

B. The minimum standards for broadcast and relay towers located within the R-M and R-1 zoning districts shall be as follows:

1. The applicant shall demonstrate through technical evidence from a qualified radio frequency engineer that the proposed facilities are essential to meeting the wireless coverage and level of service requirements set forth in applicable federal statutes, regulations, or licenses; that no locations outside of the R-M and R-1 zoning districts can be utilized to achieve the required level of coverage and service; and that the proposed facility is the smallest necessary to meet the required level of coverage and service;

2. The applicant shall demonstrate the proposed facility is designed in such a manner that it will be screened or camouflaged to the maximum extent possible through the use of existing buildings, structures, vegetation, trees, and other concealment technology;

3. The applicant shall demonstrate that the colors and finishing materials selected or proposed for the facility will blend into the natural and built environment surrounding the facility to the maximum extent possible;

4. The applicant shall demonstrate that the proposed facility and all of its ancillary equipment have been designed in such a manner that they shall comply with all applicable state and local noise regulations and that the use of site design and other built features, existing or proposed, result in the lowest possible noise impact upon existing residential uses; and

5. The applicant shall demonstrate that it has complied with all applicable federal, state, and local regulations related to the facility and that the proposed facility is consistent with the policies set forth in the comprehensive plan.

C. The minimum standards for large satellite dish antennas within the R-M and R-1 zoning districts shall be as follows:

1. The applicant shall demonstrate the proposed facility is designed in such a manner that it will be screened or camouflaged to the maximum extent possible through the use of existing buildings, structures, vegetation, trees, and other concealment technology;

2. The applicant shall demonstrate that the colors and finishing materials selected or proposed for the facility will blend into the natural and built environment surrounding the facility to the maximum extent possible;

3. The applicant shall demonstrate that the proposed facility and all of its ancillary equipment have been designed in such a manner that they shall comply with all applicable state and local noise regulations and that the use of site design and other built features, existing or proposed, result in the lowest possible noise impact upon existing residential uses;

4. The applicant shall demonstrate that it has complied with all applicable federal, state, and local regulations related to the facility and that the proposed facility is consistent with the policies set forth in the comprehensive plan; and

5. The applicant shall demonstrate that the proposed facility is essential to the communications needs of a business lawfully located within the R-M or R-1 zone and that reasonably comparable services cannot be obtained without use of a large satellite dish antenna. (Ord. 1448 § 6 (Exh. G) (part), 2012: Ord. 1411 § 4 (Exh. C) (part), 2010: Ord. 1214 § 2, 2001).

17.56.290 Parks.

A. Minimum conditions:

1. Compliance with parks and recreation design standards. (Ord. 1448 § 6 (Exh. G) (part), 2012: Ord. 1411 § 4 (Exh. C) (part), 2010: Ord. 1377 § 6 (App. D) (part), 2009).

17.56.300 Community waterfront parks.

A. Purpose. The intent of this section is to provide provisions for public open spaces and water access.

B. District permitted: all zoning districts.

C. Minimum Conditions.

1. Required lineal feet of shoreline:

a. Twenty contiguous lineal feet of shoreline for each residential unit, including multi-family, that is allowed access to the community waterfront area.

b. Any subdivision or multi-family development that provides contiguous shoreline greater than three hundred feet in length would be excluded from this requirement.

D. Buffers between Community Waterfront and Noncompatible Uses. Buffers to include physical spacing and visual screening will be required between parks and community waterfront and adjacent, noncompatible uses. Fences shall be placed on the dividing property line. Plantings shall be placed on property owned and maintained by the developer.

1. Buffers shall be created for all community waterfront parks adjacent to single- family homes.

2. New community waterfront parks adjacent to existing, unlike development shall provide visual and trespass-inhibiting screening to include the following:

a. A minimum six-foot (except for front yard fence requirements of the zoning district), sight-obscuring, trespass-resistant fence.

b. Plantings to include a minimum single row of evergreen shrubs or trees which will achieve a height of no less than six feet at maturity, spaced at appropriate intervals to provide a solid screen at maturity. (Plantings should be drought-tolerant and hardy to winter conditions typical to the area. Nuisance shrubs and trees, or those with root systems likely to damage pavement, utilities, fencing, adjacent lawns, or adjacent properties are prohibited.)

c. A minimum planting bed width of ten feet.

3. A planting plan submitted by a certified landscape architect. The plan must identify plantings that will achieve the visual screening, trespass inhibiting, and long-term sustainability goals of this section. (The planting plan must be submitted prior to project approval, and must comply with all other planting requirements of this code.)

4. An irrigation system sufficient to serve the entire planting strip. (An irrigation plan must be submitted prior to project approval.)

5. Maintenance of landscaped buffers shall be the responsibility of the property developer or future owner(s) of subject property. The long-term maintenance plan must be submitted with the landscape plan and approved by the responsible city official. A note on the deed will specify a responsibility for the long-term maintenance of the buffer to run with the land.

a. All planting beds must be weeded and maintained regularly. Maintain ten-foot width of beds to prevent encroachment from adjacent lawns.

b. Diseased or dying shrubs or trees must be replaced with similar items projected to achieve the desired screening effect.

c. Fences must be maintained in good order at all times.

6. Buffer planting, including plant materials, soil preparation, mulch, irrigation, and maintenance, shall be in accordance with the most current version of Standard Specifications for Road, Bridge and Municipal Construction, published by the Washington State Department of Transportation and the Washington State Chapter of the American Public Works Association (WSDOT/APWA), and any special provisions developed by the project landscape architect. See Section 25.05.080(A).

E. Lighting. Compliance with the Dark Sky Ordinance, Chapter 17.62, and the city park and recreation design standards.

F. Other Requirements. The hearing examiner may impose other conditions, such as additional parking, improved access, landscaping or screening, if found necessary to protect the best interests of the surrounding properties of the neighborhood due to the nature of the site or the facility. (Ord. 1448 § 6 (Exh. G) (part), 2012: Ord. 1411 § 4 (Exh. C) (part), 2010: Ord. 1377 § 6 (App. D) (part), 2009).

17.56.310 Single-family residences.

Minimum conditions are as follows:

A. District permitted: W-I Warehouse and Industrial District.

B. Minimum Conditions.

1. Single-family residences must be existing prior to September 1, 2010.

2. Dimensional Standards.

a. Minimum lot area: ten thousand square feet;

b. Minimum width of lot at building line: sixty feet;

c. Minimum lot depth: ninety feet;

d. Maximum height: thirty feet;

e. Maximum land coverage: forty percent for all buildings;

f. Minimum setback distances are as follows:

i. Front yard: twenty-five feet;

ii. Rear yard: twenty feet;

iii. Side yard: five feet;

iv. Corner Lot Buildings. Buildings on a corner lot shall observe the minimum front yard setback on one side and a fifteen-foot setback on the second front yard except that in the case of a garage or carport shall be at least twenty feet. (Ord. 1448 § 6 (Exh. G) (part), 2012: Ord. 1411 § 4 (Exh. C) (part), 2010).

17.56.320 Expanded home occupation.¹

Conditions are:

A. Minimum lot size shall be one acre.

B. Allowed as an accessory use to the single-family dwelling and subject to conditional use review.

C. Conducted on site by the individuals residing in the home.

D. The number of nonresident employees will be determined by the hearing examiner with a maximum of five at one time.

E. Accessory buildings containing expanded home occupation uses shall be limited in area to not more than two thousand four hundred square feet.

F. Storage of equipment and materials outside of the buildings shall be limited to a specific area not exceeding one thousand two hundred square feet and shall be appropriately screened to be not visible from outside the property boundaries.

G. Off-street parking shall be provided for the residential and business use in accordance with the development standards.

H. The use shall not create additional pedestrian or automobile traffic in excess of normal amount typical for the area. A traffic study may be required by the public works director.

I. No activity shall be allowed that creates offensive noise, dust, smoke, odor, or glare that is noticeable from beyond the property boundaries.

J. A single freestanding or wall sign may be permitted that meets the definition and dimensions within Chapter 17.58.

K. The hours of operation may be limited as deemed necessary to minimize adverse impacts to neighboring properties.

L. On-site retail sales and services are limited to the sale of goods and services produced on the premises. The area used for retail sales shall be limited to four hundred square feet. (Ord. 1448 § 6 (Exh. G) (part), 2012: Ord. 1423 § 3, 2011).

Code reviser’s note: Ord. 1423 adds these provisions as Section 17.56.310. The section has been editorially renumbered to prevent duplication of numbering.