Chapter 17.52
CONDITIONAL USES1
Sections:
17.52.050 General requirements.
17.52.070 Recreational vehicle parks.
17.52.010 Purpose.
Conditional uses, because of public convenience and necessity and their effect upon the neighborhood and/or town water supply, shall be permitted only upon the approval of the hearing examiner, after due notice and public hearing, and a finding that they will not be detrimental to the general comprehensive plan, to adjacent and surrounding property, or on the town’s water supply. The purpose of this chapter is to establish the minimum criteria for evaluating conditional use permit applications, and to establish general as well as specific standards that must be met by conditional use permit proposals. (Ord. 815 § 3 (Exh. A), 2020; Ord. 758 § 1, 2015; Ord. 635 § 1, 2003).
17.52.020 Permit required.
A conditional use may be approved when authorized by this title when findings required by this title are made. All approved conditional uses shall be authorized by a permit which states the required findings and reasons therefor, the conditions imposed on the use/structure, the location of the conditional use and the time limit, if any. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).
17.52.030 Conditions imposed.
In addition to the other requirements of this title, any condition reasonably required to allow the proposed use or activity to meet the standards of the required findings below may be imposed. Such conditions may include but are not limited to:
A. Requirements for environmental protection;
B. Landscaping, clearing, planting, fencing and screening requirements in compliance with WMC 17.44.140;
C. Requirements of site restoration, reforestation or regrading after use of the land;
D. Setbacks, height and bulk requirements; refer to section describing;
E. Safety requirements, such as time of operations, traffic routing, limitations on processes, etc.; and
F. Limitations on usage of town water. (Ord. 815 § 3 (Exh. A), 2020; Ord. 758 § 1, 2015; Ord. 635 § 1, 2003).
17.52.040 Required findings.
The following findings, at a minimum, shall be made in order to authorize a conditional use:
A. The proposed use, at the proposed location, is consistent with the purposes of the comprehensive plan, the zoning code and the zone district in which it is to be located, and that the proposed use will meet all applicable requirements of this title.
B. The use, as conditioned, will not be significantly detrimental to the public health, safety and welfare; diminish the value of nearby property or improvements; or disturb persons in the use of property unless the conditional use is a public necessity. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).
17.52.050 General requirements.
A. The town shall determine whether the conditional use permit will run with the land or be personal. If the conditional use is personal, the permit is nontransferable to other persons. The town may require the permit to be recorded with the county auditor as a covenant on the property.
B. The conditional use permit must be acted upon within one year from the date of approval or the permit shall expire. The holder of the permit may request an extension of time before the expiration date and the administrator may grant one extension of time of up to one year past the original expiration date.
C. The conditional use permit, even if issued to the person, applies only to the property on which it was issued and may not be transferred to any other property.
D. A conditional use permit may be denied if the town finds the proposed use cannot be conditioned so that the required findings can be made. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).
17.52.070 Recreational vehicle parks.
Recreational vehicle parks may be allowed as provided for in Chapter 17.40 WMC, District Use Chart, by conditional use permit with the following minimum provisions:
A. Park and Lot Requirements.
1. Each RV pad/space shall be rented by owner-occupied recreational units only for a period not to exceed 14 consecutive days;
2. A minimum 25-foot-wide buffer yard area shall be established along that portion of the recreational vehicle park which adjoins a public street right-of-way and a five-foot-wide rear and side yard buffer area shall be established along all other rear and side property lines. All buffer yard areas shall be landscaped in accordance with the provisions of Chapter 17.44 WMC, General Regulations;
3. In addition to the required landscaped buffer yard area, a six-foot sight-obscuring fence shall be installed along all property lines that adjoin a residential use and/or zone;
4. Each RV pad/space shall be a minimum width of 25 feet;
5. Each RV pad/space shall be a minimum size of 1,000 square feet;
6. All recreational units and additional structures shall maintain a minimum setback of five feet from all lot lines or be designed so as to have 10 feet of separation between all recreational units and additional structures. Where RV pads/spaces and/or other structures are located on the lot adjacent to a residential use and/or zone, the setback shall be increased to 25 feet;
7. Each RV pad/space shall contain at least one suitable stabilized vehicular parking pad of paving or other suitable material; and
8. All RV pads/spaces shall be limited to one recreational vehicle, except for those stored on a temporary basis.
B. Utilities and Sanitation.
1. Each recreational unit space shall be provided with one easily accessible water supply outlet;
2. All utilities such as water, fire protection, power, etc., shall be installed and maintained in accordance to all applicable state and/or local guidelines;
3. The collection, storage and disposal of solid waste in a recreational park shall be consummated so as to prevent any type of fire or health hazards, rodent harborage, insect breeding, accidents, and odor; and
4. All solid waste storage and sewage collection and disposal systems shall be approved by the appropriate state or local health agency.
C. Recreational Park Road System and Parking.
1. All access junctions with public roads shall be approved by the appropriate state and county agencies;
2. All recreational park roads and access roads shall be on an adequate base, graded and surfaced with an asphalt surface. All internal recreational park roads shall be privately constructed, owned and maintained;
3. Off-street parking shall be at least one space per recreational unit lot. There shall also be at least four off-street parking spaces provided for the recreational park office, so as to prevent park access obstruction;
4. All interior roads shall provide for continuous forward movement so as to prevent dead ends, cul-de-sacs, barriers, etc. Road widths and changes in road alignment shall be reviewed and approved on a site-specific basis by the appropriate fire protection agency; and
5. All recreational park security systems shall be reviewed by local emergency response officials. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).
17.52.110 Mini-storage.
Mini-storage facilities may be allowed as provided for in Chapter 17.40 WMC, District Use Chart, by conditional use permit with the following minimum provisions:
A. The minimum site size for a mini-storage facility shall be 30,000 square feet;
B. A minimum 10-foot-wide buffer yard area shall be established along that portion of the mini-storage facility which adjoins a public street right-of-way and a five-foot-wide rear and side yard buffer area shall be established along all other rear and side property lines. All buffer yard areas shall be landscaped in accordance with the provisions in Chapter 17.44 WMC, General Regulations;
C. In addition to the required landscaped buffer yard area, a six-foot sight-obscuring fence shall be installed along all property lines that adjoin a residential use and/or zone. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).
Prior legislation: Ord. 671.