Chapter 18.54
CONDITIONAL USES

Sections:

18.54.010    Application.

18.54.020    Fee.

18.54.021    Site plan required.

18.54.030    Conditional uses in general.

18.54.042    Conservation cluster housing.

18.54.043    Day care/adult day care – Type II.

18.54.045    Off-site parking facilities.

18.54.047    Multi-use or multipurpose trails.

18.54.048    Public and private community facilities.

18.54.049    Kennels.

18.54.050    Building height.

18.54.060    Land coverage.

18.54.070    Screening and landscaping.

18.54.080    Lighting.

18.54.090    Parking.

18.54.010 Application.

It will be necessary to obtain the approval of the hearing examiner for each conditional use. Application for each conditional use, together with a complete plot plan showing the location, height of a building, parking facilities, signage and screening will be made to the hearing examiner. The hearing examiner’s decision will be based on a consideration of the guidance provided by this chapter and special circumstances pertinent to the petition and the results of a public hearing held by the hearing examiner. (Ord. 924 § 6, 2005; Ord. 773 § 3, 1999)

18.54.020 Fee.

The application fee for a conditional use shall be established in the city fee schedule. (Ord. 773 § 3, 1999)

18.54.021 Site plan required.

For purposes of determining conformance with the criteria, conditions, and requirements contained herein, a site plan showing ultimate location and use of all buildings, location of signs, location and amount of off-street parking areas, location and adequacy of ingress to and egress from parking areas, any traffic and pedestrian improvements, existing and proposed landscaping, environmentally sensitive areas, location of any proposed drainage facilities, exterior lighting plans, and sketches to scale showing the building elevations, shall be filed with the application for conditional use permit. (Ord. 773 § 3, 1999)

18.54.030 Conditional uses in general.

The conditional uses contained in this chapter, or other such uses as may be compatible with the intent of this title, may be authorized by the hearing examiner, following a public hearing, and procedures established for conditional use permits. Conditional uses existing at the time of adoption of the ordinance codified in this title will not require approval after adoption of that ordinance. A conditional use may be authorized upon a finding that the proposal conforms to specific development criteria established for that use, if any, and that it meets the following minimum criteria:

A. The proposed use is consistent with the policies and goals of the comprehensive plan;

B. The proposed use is not materially detrimental to other property in the neighborhood;

C. The proposed use will supply goods or services that will satisfy a need of the community;

D. The proposed use is designed in a manner which is compatible with the character and appearance with the existing or proposed development in the vicinity of the subject property;

E. The proposed use is designed in a manner that is compatible with the physical characteristics of the subject property;

F. Any requested modifications to the standards of the underlying zoning shall require a variance and be subject to mitigation to minimize or remove any impacts from the modification;

G. The proposed use is not in conflict with the health and safety of the community;

H. The proposed use is such that pedestrian and vehicular traffic associated with the use will not be hazardous or conflict with existing and anticipated traffic in the neighborhood;

I. The conditional use will be supported by adequate public facilities or services and will not adversely affect public services to the surrounding area or conditions can be established to mitigate adverse impacts on such facilities;

J. The applicant’s past performance regarding compliance with permit requirements and conditions of any previously issued land use permit including building permits, conditional uses or variances, shall be considered before approving any new permit. (Ord. 924 § 7, 2005; Ord. 773 § 3, 1999)

18.54.042 Conservation cluster housing.

Conservation cluster housing is intended to be alternative housing that respects and maintains the character of the surrounding neighborhood while decreasing the environmental impact of the housing. When 50 percent or more of a property is encumbered by a permanent conservation easement, critical areas or critical area buffers and the subject property or properties are in a single-family zone classification, a larger number of small detached or duplex single-family dwelling units may be built and occupied subject to the following provisions:

A. A neighborhood meeting, conducted in accordance with LFPMC 16.26.050, is required prior to submittal of an application for this conditional use.

B. Up to three dwelling units shall be allowed for each one dwelling unit allowed by the site’s underlying zoning classification. Only areas outside of critical areas and their buffers are eligible for the purposes of calculating the number of units under this provision.

C. Units are single-family detached or duplex dwelling units.

D. A site must contain a minimum number of three dwelling units and no more than a maximum of 10 dwelling units.

E. Setbacks from lot lines and streets shall be a minimum of 10 feet. Critical area buffer requirements shall apply.

F. Spacing between the dwelling units of the site shall be a minimum of six feet. Additional fire protection may be required if spacing is under 10 feet between dwelling units.

G. Minimum street frontage requirements of the underlying zoning classification shall not apply to a conservation cluster housing site.

H. Dwelling units shall be only single or two-story and be a maximum of 950 square feet, with a main floor of no more than 750 square feet.

I. The site shall contain an outdoor common area of at least 200 square feet per dwelling unit on the site. Critical areas and buffers are not to be eligible for meeting this requirement.

J. The site shall contain one parking space per unit, which shall be screened from the street and adjacent properties with landscaping. Landscaping shall meet the requirements of LFPMC 18.45.090(A) (design guidelines for southern gateway single-family residential zone – Type II landscaping). Up to 0.5 parking spaces of the one parking space per unit requirement may be provided using adjacent on-street improved facilities.

K. All buildings within the development are subject to compliance with the development standards of the zoning classification. In the case of a conflict between the development standards and this section, this section shall take precedence over and supersede any conflicting provision of LFPMC Title 18, including provisions incorporated by reference into this title. (Ord. 1150 § 3, 2017)

18.54.043 Day care/adult day care – Type II.

Day care nurseries and adult day care are allowed by conditional use when more than 12 children or adults are to be cared for at one time, subject to the following provisions:

A. A minimum site area of 7,200 square feet is required for 13 children or adults, and an additional 400 square feet of site area is required for each additional child or adult to be cared for.

B. Direct access to a designated and developed arterial street shall be required.

C. A minimum of one off-street parking space for each 10 children or adults cared for plus one for each employee on duty shall be required, provided no parking shall be located within required yards.

D. Buildings, structures and landscaping shall be of a character which is appropriate for the area.

E. For day care nurseries, outdoor play areas shall be provided with a minimum of 75 square feet in area for each child using the area at one time, and shall be completely enclosed by a solid barrier such as a berm, wall or fence, with no openings except for gates, and having a minimum height of six feet, to minimize visual and noise impacts and prevent trespassing on adjacent residentially classified properties.

F. The hours of operation may be restricted to assure compatibility with surrounding development. (Ord. 773 § 3, 1999)

18.54.045 Off-site parking facilities.

Off-site parking facilities for establishments located in a BN or CC zone, or a transit park and ride lot, may be allowed as a conditional use in a residential zoning district. Such uses must meet the following criteria and the hearing examiner may attach such conditions as, but not limited to, limitation of size, location on property and screening.

A. The parking facilities are accessory and adjacent to a legally established use or to serve a public transportation system.

B. No more than 50 parking spaces are provided.

C. Safe ingress and egress to a public street is provided by maintaining minimum requirements established by the city of Lake Forest Park.

D. The parking area must comply with the requirements of Chapter 18.62 LFPMC and shall be screened with fencing, landscaping, or a combination thereof, to reduce potential aesthetic, light, glare and noise impacts on adjacent properties.

E. No such area shall be used for an automobile, trailer or boat sales area or for the accessory storage of such vehicles. (Ord. 924 § 8, 2005; Ord. 773 § 3, 1999)

18.54.047 Multi-use or multipurpose trails.

A multi-use or multipurpose trail facility may be allowed, added to or altered as a conditional use in any land use zone of the city. In granting such conditional use, the hearing examiner is instructed to attach appropriate conditions such as, but not limited to, the following: limitation of size, location on property and screening and to only issue conditional use permits conditioned upon compliance with any requirements provided under this chapter. (Ord. 909 § 2, 2005)

18.54.048 Public and private community facilities.

The following public and private facilities may be allowed as a conditional use in a residential zoning district. In granting such conditional use, the hearing examiner is instructed to attach appropriate conditions such as, but not limited to, the following: limitation of size, location on property and screening and to only issue conditional use permits conditioned upon compliance with any requirements provided under this chapter.

A. Recreational facilities, and community noncommercial facilities, including clubhouse facilities, provided:

1. Any building or structure on the site shall maintain a distance not less than 25 feet from any abutting RS or RM classified property;

2. The site shall be located upon, or have adequate access to a public thoroughfare;

B. Private clubs and fraternal societies, except those the chief activity of which is a service customarily carried on as a business, provided all buildings and structures shall maintain a distance not less than 20 feet from any lot in an R zone;

C. Churches.

1. All buildings and structures on the site shall not cover more than 40 percent of the area of the site;

2. Buildings and structures on the site shall not be closer than 30 feet to any property line, except that a detached one-family dwelling on such site need conform only to the yard requirements and required distance between buildings as prescribed for residences by this chapter;

3. The height limits of the RS classification shall apply, except that the height shall be measured to the mean height of the roof;

4. On interior lots, the required side yards may be used to provide off-street parking areas, and on corner lots the interior side yards may be similarly used. Under no circumstances may the required front yard or the side yard on the side street be used for off-street parking;

5. Church sites shall abut and be accessible from at least one public street having two moving traffic lanes and a dedicated width that will permit not less than a 36-foot roadway;

D. Government and municipal buildings and uses, including courts and police stations, fire stations, and utilities;

E. Libraries;

F. Instructional Institution.

1. No less than the following minimum site areas shall be provided:

a. For elementary schools, five acres;

b. For junior high schools, 10 acres;

c. For senior high schools, 15 acres;

2. All buildings and structures shall maintain a distance not less than 30 feet from any property line;

3. All buildings, including accessory buildings and structures, shall not cover more than 40 percent of the area of the site;

G. Cemeteries.

1. No building shall be located closer than 100 feet from any boundary line;

2. A protective fence and a landscaped strip of evergreen trees and shrubs at least 10 feet in width shall be installed on all common boundary lines with an RS or RM zoned property;

3. Columbariums, crematories, and mausoleums are specifically excluded from all RS and RM zones unless they are located inside a cemetery. (Ord. 909 § 1, 2005; Ord. 924 § 9, 2005; Ord. 773 § 3, 1999)

18.54.049 Kennels.

Animal kennels are only allowed when located in a BN or CC zone.

A. Kennels located adjacent to any RS or RM zoned properties shall be located indoors.

B. Animals shall be kept in suitable, clean structures. Structures and animal runs shall be located at least 15 feet from any property line. (Ord. 773 § 3, 1999)

18.54.050 Building height.

Church spires and other architectural features of a building in conditional use may exceed the height requirements of the zone in which located after consideration and approval by the hearing examiner. (Ord. 924 § 10, 2005; Ord. 773 § 3, 1999)

18.54.060 Land coverage.

Maximum land coverage by all conditional use structures shall be no more than 35 percent of the lot area, unless otherwise specified. (Ord. 773 § 3, 1999)

18.54.070 Screening and landscaping.

All conditional use sites must have adequate screening and landscaping, subject to the regulations of Chapter 18.62 LFPMC. (Ord. 773 § 3, 1999)

18.54.080 Lighting.

All lighting provided to illuminate any exterior area or building shall be so arranged as to direct light away from adjoining premises and public thoroughfares. (Ord. 773 § 3, 1999)

18.54.090 Parking.

Parking requirements for conditional uses shall be subject to the requirements of Chapter 18.58 LFPMC. (Ord. 773 § 3, 1999)