Chapter 18.24
CONDITIONAL USES1
Sections:
18.24.010 Conditional uses established.
18.24.020 Conditional use permit – Purpose.
18.24.025 Conditional use permit – Application, review process and fees.
18.24.030 General criteria – Conditional use permit.
18.24.040 DC, NB and IMU zones – Conditional approval of certain commercial and industrial uses.
18.24.050 EP-1 and EP-2 zones – Conditional approval of certain commercial and industrial uses.
18.24.060 Commercial buildings greater than maximum building size specified in Table 18.10.040(11)(c) – Additional criteria.
18.24.070 Adult entertainment facilities – Additional criteria.
18.24.080 Secure community transition facilities (SCTFs) – Additional criteria.
18.24.090 Major utilities – Additional criteria.
18.24.100 Essential public facilities – Additional criteria.
18.24.110 Childcare/day care center in LDR or HDR zones.
18.24.120 Conditional use permit terms of approval and revocation.
18.24.130 Appeals.
18.24.010 Conditional uses established.
Each zoning district chapter sets out uses that are conditionally permitted in that district. Conditionally permitted uses are those uses that require a level of review and opportunity for public input that is greater than that required for permitted uses. The procedures for processing conditional use permits are set out in NBMC Title 20. (Ord. 1256 § 1 (part), 2006: Ord. 1172 § 16, 2002: Ord. 1053 § 28, 1998: Ord. 1020 (part), 1997).
18.24.020 Conditional use permit – Purpose.
The purpose of a conditional use permit is to assure, by allowing for a public process and for the imposition of special conditions and requirements, that conditional uses as listed in Table 18.10.030 are compatible with the uses permitted by this title and that the purpose of this title is maintained. (Ord. 1256 § 1 (part), 2006: Ord. 1237 § 16 (part), 2005: Ord. 1172 § 17, 2002: Ord. 1020 (part), 1997).
18.24.025 Conditional use permit – Application, review process and fees.
A. Applications for a conditional use permit shall follow the procedures for a Type II application pursuant to NBMC Title 20.
B. Conditional use permits shall be processed as a Type II application in accordance with NBMC Title 20, Administration of Development Regulations.
C. Fees for a conditional use permit shall be as established by city schedule and collected at the time of the conditional use permit application. (Ord. 1256 § 1 (part), 2006)
18.24.030 General criteria – Conditional use permit.
Applications for conditional use permits shall be granted only if the decision-making body makes written findings of fact and conclusions of law demonstrating that the application satisfies all of the following:
A. The use is consistent with the North Bend Municipal Code and the North Bend comprehensive plan;
B. The use is designed, constructed, operated and maintained in a manner that is compatible with the existing or intended character, appearance, quality of development and physical characteristics of the subject property and the general vicinity;
C. The location, size, and height of buildings, structures, walls, fences, and screening vegetation for the conditional use shall not hinder neighborhood circulation or discourage the permitted development or use of neighboring properties;
D. The type of use, hours of operation, and appropriateness of the use in relation to adjacent uses will not create unusual hazards or result in adverse impacts;
E. The use shall be served by adequate public facilities and services and will not adversely affect public services to the surrounding area or conditions can be established to mitigate adverse impacts of such facilities;
F. In addition to compliance with the criteria set out here, an applicant for a conditional use permit shall comply with all requirements of this title. (Ord. 1256 § 1 (part), 2006: Ord. 1172 § 18, 2002: Ord. 1020 (part), 1997).
18.24.040 DC, NB and IMU zones – Conditional approval of certain commercial and industrial uses.
The downtown commercial zoning district is intended to accommodate commercial and residential uses. The neighborhood business zoning district is intended to accommodate businesses operating on less than a 24-hour basis and residential uses in a neighborhood setting. Some commercial and light manufacturing or fabrication uses are conditionally permitted in the DC and NB zoning district subject to meeting the following criteria:
A. The boundary of the site for the proposed use is more than 300 feet from residential-zoned property.
B. The proposed use will comply with all of the environmental quality standards set forth in Table 18.10.050(8.00).
C. The site is connected to city water and sewer systems.
D. The proposed use will not create unmitigated off-site impacts.
E. The size of the use will not be greater than 10 percent of the total floor area in the continuous portion of the zoning district where it is located. (Ord. 1256 § 1 (part), 2006).
18.24.050 EP-1 and EP-2 zones – Conditional approval of certain commercial and industrial uses.
The EP-1 and EP-2 zones provide areas for various commercial land uses, including office, warehouse, distribution, manufacturing enterprises, industrial uses, and research and development facilities that complement, enhance, and support the mix of land uses within the city of North Bend. Retail sales or related services are limited to a few select uses, or allowed only as incidental to underlying permitted uses. Some uses are conditionally permitted in the EP-1 and EP-2 zoning district subject to meeting the following criteria:
A. The boundary of the site for the proposed use is more than 300 feet from residential-zoned property.
B. The proposed use will comply with all of the environmental quality standards set forth in Table 18.10.050(8.00).
C. The site is connected to city water and sewer systems.
D. Wrecking yards shall be developed in full compliance with best available practices for containment of ground water pollution and full screening with landscaping and/or fencing to shield the use from views of properties in the vicinity of the vehicle storage component of the wrecking yard. (Ord. 1256 § 1 (part), 2006: Ord. 1172 § 20, 2002: Ord. 1020 (part), 1997).
18.24.060 Commercial buildings greater than maximum building size specified in Table 18.10.040 (11)(c) – Additional criteria.
Special care is necessary to ensure that commercial buildings greater than the maximum building size specified in Table 18.10.040(11)(c) comply with the historic scale of existing development in the subject zoning district and do not negatively affect the streetscape or vistas of the surrounding areas. Such buildings may be permitted subject to consideration of the following criteria:
A. The proposed building(s) shall be subject to design review approval that meets the criteria set out in Chapter 18.34 NBMC, Design Standards and Guidelines. Additionally, other design features to reduce the mass and scale of the building are required. Such features shall be determined in consultation with an architect responsible for peer review of the application.
B. The proposed building(s) shall be an architectural amenity to North Bend consistent with the design standards and the 2005 comprehensive plan.
C. The proposed building will meet one or more of the following criteria:
1. The proposed use will provide a large number of jobs (one per 500 gross square feet of building floor area excluding parking structures) and the majority (50 percent or more) of those jobs are family wage jobs in accordance with the state of Washington determination of a family wage.
2. The proposed use will provide a retail sales tax base to the city.
3. The proposed use will provide goods and/or services that are necessary to meet the needs of the population of the North Bend urban growth area and not otherwise available at a location in the North Bend urban growth area.
4. The proposed use will create opportunities for other economic development as outlined in subsections (C)(1) through (C)(3) of this section. (Ord. 1256 § 1 (part), 2006: Ord. 1172 § 21, 2002: Ord. 1020 (part), 1997).
18.24.070 Adult entertainment facilities – Additional criteria.
Siting on adult entertainment facilities entails documented risks that must be minimized by application of the following criteria:
A. Adult entertainment facilities are limited to lots fronting on North Bend Way between Sydney Avenue North on the west and Main Avenue North on the east.
B. An “adult cabaret” license is required under Chapter 5.14 NBMC.
C. The proposed building and site shall be in full conformance with the performance standards below and all other applicable provisions of the NBMC:
1. An adult entertainment establishment shall not locate closer than 150 yards from another adult entertainment establishment.
2. Use of exterior neon lighting is prohibited.
3. Exterior windows shall be composed of material or finished in a manner to prevent persons outside the establishment from looking inside the establishment. Mirrored glass, boarded-over windows, shuttered windows, or windows covered in any manner from the outside are prohibited.
4. Entry shall consist of an outside door and a second, interior door so that persons outside the establishment cannot see into the establishment past the second, interior door.
5. Signs are prohibited from displaying overtly sexual or offensive images or language. (Ord. 1256 § 1 (part), 2006: Ord. 1172 § 22, 2002: Ord. 1020 (part), 1997).
18.24.080 Secure community transition facilities (SCTFs) – Additional criteria.
These criteria are intended to set out standards for secure community transition facilities to comply with Chapter 71.09 RCW while maintaining compatibility with other land uses and services permitted within the city.
A. SCTFs can only be located in the EP-1 zoning district.
B. SCTFs shall be in conformance with all of the performance standards set forth below:
1. Maximum number of residents is three persons, excluding resident staff.
2. Should be located in relationship to transportation facilities in a manner appropriate to their transportation needs.
3. No SCTF shall be allowed in or within 500 feet of any LDR or HDR zone districts or any other residentially zoned or group home property.
4. No SCTF shall be allowed adjacent to, immediately across a street or parking lot from, or within the line of sight of a “risk potential activity” as defined in RCW 71.09.020, as amended, that include, but are not limited to:
a. Public and private schools.
b. School bus stops.
c. Licensed day care and licensed preschool facilities.
d. Public parks, publicly dedicated trails, and sports fields.
e. Recreational and community centers.
f. Churches, synagogues, temples, and mosques.
g. Public libraries.
5. The distances specified above shall be measured by following a straight line from the nearest point of the property parcel upon which the SCTF is to be located, to the nearest point of the parcel or land use district boundary line from which the proposed land use is to be separated.
6. Each SCTF shall provide on-site dining, on-site laundry or laundry service, and on-site recreation facilities to serve the residents.
7. Any application for an SCTF shall include the following:
a. The siting process used for the SCTF, including alternative locations considered.
b. An analysis showing that utmost consideration was given to potential sites such that siting of the facility will have no undue impact on any one racial, cultural, or socio-economic group, and that there will not be a resulting concentration of similar facilities in a particular neighborhood, community, jurisdiction, or region.
c. Proposed mitigation measures including the use of extensive buffering from adjacent uses.
d. A detailed security plan for the facility and the residents.
e. Proposed operating rules for the facility.
f. A schedule and analysis of all public input solicited or to be solicited during the siting process.
8. RCW 71.09.250(8) requires the city of North Bend to have considered the “equitable distribution” of residents assigned to SCTFs. North Bend considers an equitable distribution to be the number of potential residents determined by the following formula:
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North Bend population (2000 U.S. Census) |
X |
Number of potential SCTF residents from King County |
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King County population (2000 U.S. Census) |
(Ord. 1256 § 1 (part), 2006: Ord. 1172 § 23, 2002: Ord. 1020 (part), 1997).
18.24.090 Major utilities – Additional criteria.
In addition to the general conditional use permit criteria specified in NBMC 18.24.030, the following specific criteria shall be met before a conditional use permit can be granted:
A. All Major Utilities.
1. The boundary of the site for the proposed use screened in a manner consistent with the landscaping code in NBMC 18.18.080 for the proposed utility use and the surrounding land uses.
2. The proposed use will comply with all of the environmental quality standards set forth in Table 18.10.050(8.00).
3. The site is connected to city water and sewer systems if designed for consistent human occupancy.
B. Wireless Facilities.
1. Antennas may not extend more than 15 feet above their supporting structure, monopole, building or other structure. Supporting structure height shall be no taller than the maximum building height permitted in the applicable zoning district or the maximum permitted building height of the adjacent zoning district for a site located on a right-of-way.
2. Site location and development shall preserve the pre-existing character of the surrounding buildings and land uses and the zone district to the extent consistent with the function of the communications equipment. Wireless communications 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 the existing topography shall be minimized, unless such disturbance would result in less visual impact of the site to the surrounding area.
3. 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 18.18 NBMC, Landscaping Regulations, and Chapter 18.34 NBMC, Design Standards and Guidelines.
4. No equipment shall be operated so as to produce noise in levels above 45 dB as measured from the nearest property line on which the attached wireless communications facility is located. (Ord. 1256 § 1 (part), 2006).
18.24.100 Essential public facilities – Additional criteria.
This criteria is intended to address the siting of essential public facilities (EPF) as defined by state law. Siting of EPFs shall be subject to consideration of the following additional criteria:
A. Whether there is a public need for the facility.
B. The impact of the facility on the surrounding uses and environment, the city and the region.
C. Whether the design of the facility or the operation of the facility can be conditioned, or the impacts otherwise mitigated, to make the facility compatible with the affected area and the environment.
D. Whether city or county services, businesses, job opportunities, and public transportation are sufficient to accommodate the proposed use.
E. Whether a package of incentives can be developed that would make siting the facility within the community more acceptable.
F. Whether the factors that make the facility difficult to site can be modified to increase the range of available sites or to minimize impacts on affected areas and the environment.
G. Whether the proposed essential public facility is consistent with the comprehensive plan.
H. If a variance is requested, the proposal shall also comply with the variance criteria.
I. Essential public facilities shall comply with any applicable state siting and permitting requirements. (Ord. 1256 § 1 (part), 2006).
18.24.110 Childcare/day care center in LDR or HDR zones.
A. A childcare center in the LDR or HDR zone with more than 12 children shall meet all of the standards in Table 18.10.050(1.32), except the location shall be confined to a public or quasi-public structure (i.e., church, school, recreation center).
B. In approving, conditioning, or denying an application for a childcare/day care business license, the hearing examiner may consider, in addition to the general criteria in NBMC 18.24.030, the following:
1. The location of the proposed facility in relation to traffic impacts and safety concerns to the adjacent neighborhood.
2. The impacts the proposed facility may have on the residential character of the neighborhood.
3. The cumulative impacts of the proposed facility in relation to similar city-approved facilities in the immediate vicinity.
4. The imposition of a condition under which the city reserves the right to impose conditions or to reconsider the facility within a certain timeframe from approval date, based on complaints filed with the city on violation of childcare/day care standards. (Ord. 1256 § 1 (part), 2006).
18.24.120 Conditional use permit terms of approval and revocation.
A. A conditional use permit granted in accordance with this chapter that requires construction of a building or similar facility development shall expire five years from the date of such approval. All construction in accordance with the conditional use permit shall be completed by the permit expiration date. A single one-year extension may be granted by the director if the applicant can show a good faith effort to complete construction and all construction is scheduled to be completed within that one-year time period.
B. A conditional use permit granted in accordance with this chapter for a use shall not expire, except if the permitted use does not commence within one year from the date of the permit approval, or if the use is discontinued for a period of one continuous year, the conditional use permit shall be deemed expired. A single one-year extension may be granted by the director one year after the original approval if the applicant can show a good faith effort to commence the approved use and the approved use is scheduled to commence within that additional one-year time period.
C. A conditional use permit granted for a use associated with a building is considered to be a permit for that use in that building and the conditional use permit may be used by any other occupier of that same building using a like amount of square footage for a like use.
D. A conditional use permit can be approved, approved with conditions, or denied by the hearing examiner who shall make a decision revealed by findings of fact and conclusions of law. The examiner shall find the following in reaching their decision: First, the examiner must identify a public need(s) that the condition is designed to address. Second, the examiner must show that the development for which the permit is sought will create or exacerbate the identified public need. Third, the examiner must show that its proposed condition tends to solve, or at least to alleviate, the identified public need. Finally, the examiner must show that the proposed solution to the identified public problem is “roughly proportional” to that part of the need that is created or exacerbated by the landowner’s development. The goal is to show that the proposed condition is reasonably related to all or part of an identified public need that arises from the development project.
E. A conditional use permit may be revoked by the hearing examiner. Revocation proceedings may be initiated by the director or aggrieved individuals may petition the hearing examiner to initiate revocation proceedings. A public hearing shall be held using the same procedures as required for initial consideration of an application for a conditional use permit. Such revocation or modifications shall be made on any one or more of the following grounds:
1. That the use for which such approval was granted has been abandoned;
2. That the use for which such approval was granted has at any time ceased for a continuous period of one year or more;
3. That the permit granted is being exercised contrary to the terms or conditions of such approval or in violation of any statute, resolution, code, law or regulation;
4. That the use for which the approval was granted was so exercised as to be detrimental to the public health or safety. (Ord. 1256 § 1 (part), 2006).
18.24.130 Appeals.
Appeals of any decisions of the examiner relating to conditional use permits shall be administered per guidelines in Chapter 20.06 NBMC. (Ord. 1256 § 1 (part), 2006: Ord. 1172 § 24, 2002: Ord. 1020 (part), 1997. Formerly 18.24.090).
Prior legislation: Ord. 336.