Chapter 18.32 UNCLASSIFIED USES

Chapter 18.32
UNCLASSIFIED USES

Sections

18.32.010 Purpose.

18.32.020 Uses requiring unclassified use permit.

18.32.030 Uses requiring conditional use permit.

18.32.040 Yard requirements.

18.32.050 Permitted height – Floor area – Area coverage.

18.32.060 Off-street parking and loading area requirements.

18.32.010 Purpose.

All of the following uses described in this chapter, and all matters directly related thereto, are declared to be uses possessing characteristics of such unique and special form as to make impractical their being included automatically in any classes of use as set forth in the various zones defined in this title, and the authority for the location and operation thereof shall be subject to review and the issuance of a use permit. The purpose of a review shall be to determine that the characteristics of any such use shall not be unreasonably incompatible with the type of uses permitted in surrounding areas and for the further purpose of stipulating such conditions as may reasonably assure that the basic purpose of this title shall be served. Factors to be considered are as set forth in DMMC 18.36.050. [Ord. 1237 § 3, 1999; Ord. 175 § 1(24.44.010), 1964.]

18.32.020 Uses requiring unclassified use permit.

The following uses may locate subject to the issuance of an unclassified use permit processed as provided in chapter 18.60 DMMC:

(1) Booster stations or conversion plants with the necessary buildings, apparatus, or appurtenances incident thereto of public utilities or utilities operated by mutual agencies, except these uses are specifically excluded from the RS, SR and S-E zones. Distribution mains are permitted in any zone without review;

(2) Sewage treatment plants;

(3) Sanitary Fills. Reclamation for public purpose by public agency, including drainage or other facilities for off-site discharge of storm water runoff or other liquids or substances, except that closed drainage systems or “tight lines” constructed and maintained to sanitary sewer standards (Washington State/APWA) are excluded from this requirement, and drainage systems that are substantially closed are excluded from this requirement, when:

(a) There has been a finding by the city’s responsible SEPA official that predicted environmental impacts are significantly less than projected in a totally closed system proposal; and

(b) The system is approved by the city council in the form of an interlocal agreement;

(4) Towing operations, including storage of impounded vehicles, but no wrecking yards, except that such use is permitted only in the highway commercial (H-C) zone;

(5) Horticultural nurseries, including on-premises sales uses, except as permitted in the downtown commercial (D-C) zone;

(6) Mixed uses, except as permitted in the downtown commercial (D-C) and Pacific Ridge (PR) zones;

(7) Group home facilities, in residential zones, personal to the applicant and nontransferable without prior consent of the city council, and subject to the provisions governing home occupations found in DMMC 18.08.020(18);

(8) Bed and breakfast facilities, in residential zones, personal to the applicant and nontransferable without prior consent of the city council, and subject to the provisions governing home occupations found in DMMC 18.08.020(18);

(9) Unclassified Uses Limited to the D-C Zone. The uses listed in this subsection, and uses similar in nature as determined by the community development director, may be permitted in the D-C zone, and only in the D-C zone, subject to issuance of an unclassified use permit as provided in this chapter. Each use is more fully described in the “Standard Industrial Classification Manual.” The numbers in parentheses following each of the following listed uses refer to the Standard Industrial Classification (SIC) code numbers:

(a) Water transportation of passengers (448);

(b) Communications facilities (48);

(d) Unclassifiable establishments (99) and uses requiring an unclassified use permit as itemized in DMMC 18.32.020 and as otherwise provided in this chapter;

(10) Unclassified Uses Limited to the B-P Zone. Permitted uses listed in DMMC 18.25.020 utilizing hazardous materials exceeding the quantities in Uniform Building Code Table 3-D, “Exempt Amounts of Hazardous Materials Presenting a Physical Hazard – Maximum Quantities Per Control Area,” and Table 3-E, “Exempt Amounts of Hazardous Materials Presenting a Health Hazard – Maximum Quantities Per Control Area,” as presently constituted or subsequently amended, may only be permitted subject to issuance of an unclassified use permit as provided in this chapter;

(11) Unclassified Uses Limited to the PR Zone. The uses listed in this subsection, and uses similar in nature as determined by the community development director, may be permitted in the PR zone, and only in the PR zone, subject to issuance of an unclassified use permit as provided in this chapter. Each use is more fully described in the “North American Industry Classification System” (NAICS). The numbers in parentheses following each of the following listed uses refer to NAICS code numbers:

(a) Electric power transmission facilities (22112), such as transformer stations; and

(b) Commuter rail systems (485112);

(12) Unclassified Uses Limited to the PR-C2 Zone.

(a) The uses listed in this subsection may be permitted in the PR-C2 zone, and only in the PR-C2 zone, subject to issuance of an unclassified use permit as provided in this chapter;

(b) Secure community transition facilities as defined by RCW 71.09.020, as presently constituted or as may be subsequently amended, may be permitted in the PR-C2 zone when all of the following conditions are satisfied:

(i) All requirements of chapter 71.09 RCW as presently constituted or as may be subsequently amended;

(ii) The city council finds that the application conforms to the equitable distribution goals, objectives, and requirements of chapter 71.09 RCW. If the city council finds that the application raises public safety concerns that outweigh equitable distribution objectives, the city council may assign greater weight to public safety concerns than to equitable distribution;

(iii) All requirements of “Policy Guidelines: The Siting and Operation of Secure Community Transition Facilities” published by the Washington State Department of Social and Health Services as presently constituted or as may be subsequently amended;

(iv) All goals, policies, and strategies of the City of Des Moines Comprehensive Plan;

(v) All requirements of the Des Moines Municipal Code;

(vi) All requirements of the contract and mitigation agreements authorized by chapter 71.09 RCW between the city and the Washington State Department of Social and Health Services;

(vii) All conditions of approval deemed necessary by the city council and allowed by law to mitigate potential adverse impacts and to preserve public health, safety and welfare. If the city council finds that potential adverse impacts cannot be mitigated, the city council may deny the permit;

(13) Unless authorized by other provisions of this title, essential public facilities as defined by RCW 36.70A.200, as presently constituted or as may subsequently be amended. [Ord. 1374 § 3, 2006: Ord. 1306 § 1, 2002: Ord. 1267 § 3, 2000: Ord. 1237 §§ 2, 3, 1999; Ord. 1199 § 3, 1997: Ord. 1170 § 5, 1996; Ord. 1140 § 6, 1995; Ord. 1104 § 16, 1994; Ord. 693 §§ 3, 4, 1987; Ord. 674 § 1, 1986; Ord. 645 § 1, 1985; Ord. 617 § 2, 1985; Ord. 588 § 1, 1984; Ord. 575 § 1, 1983; Ord. 527 § 1, 1981; Ord. 175 § 1(24.44.020), 1964.]

18.32.030 Uses requiring conditional use permit.

The following uses may locate subject to the issuance of a conditional use permit processed as provided in the hearing examiner code:

(1) Cemeteries; provided:

(a) No building shall be located closer than 100 feet from a boundary line;

(b) 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 residential zoned property;

(2) Columbariums, crematories, and mausoleums; provided, these uses are specifically excluded from all residential zones unless inside a cemetery;

(3) Commercial establishments or enterprises involving large assemblages of people or automobiles as follows; provided, these uses are specifically excluded from all residential zones:

(a) Amusement parks;

(b) Boxing and wrestling arenas;

(d) Fairgrounds and rodeos;

(e) Golf driving ranges;

(f) Labor camps (transient);

(g) Open-air theaters;

(h) Race tracks, drag strips, motorcycle hills, and Go-Kart tracks;

(i) Stadiums;

(4) Fire stations and public works maintenance and storage facility buildings when located in any residential zone; provided, the following conditions shall be conformed to:

(a) All buildings and structures shall maintain a distance of not less than 20 feet from any property line that is a common property line with residential zoned property; and

(b) A building from which firefighting equipment emerges onto a street shall maintain a distance of 35 feet from such street.

(5) Hospitals, mental and alcoholic; provided, they are specifically excluded from all single-family residential, RA, RM-2,400 and RM-1,800 zones;

(6) Institutions for training of religious orders;

(7) Antenna systems which:

(a) Are not within the limitation of DMMC 18.08.020(2)(h) or DMMC 18.20.020(8); or

(b) Consist of parabolic antennas such as microwave dishes; or

(8) Recreational areas, commercial, including yacht clubs, beach clubs, tennis clubs, parks, ski areas, marinas, and similar activities;

(9) Universities and colleges, including dormitories and fraternity and sorority houses when on campus;

(10) Fraternal societies as approved by the planning agency when located in an single-family residential zone;

(11) Day care centers, but excluding family day care providers subject to the following minimum conditions:

(a) A play yard or equipment yard shall not be located in any required side or front yard;

(b) All buildings and structures on the lot shall maintain a distance of not less than 20 feet from any property line that is common property line with single-family residential property. If a greater setback is specified in a particular zone then the setback requirements of the particular zone shall prevail over the minimum setback set forth in this subsection;

(d) State licensing standards for such facilities, chapter 388-73 WAC, shall be met;

(e) Such uses shall comply with the parking code requirements of chapter 18.44 DMMC.

(12) Telecommunication facilities as described in the provisions of Title 20 DMMC. [Ord. 1237 § 4, 1999; Ord. 1200 § 123, 1997: Ord. 1197 § 27, 1997; Ord. 1106 § 7, 1994: Ord. 793 § 4, 1989; Ord. 445 § 5, 1978; Ord. 391 § 1, 1976; Ord. 248 § 8, 1969; Ord. 175 §§ 1(24.44.030), 28, 1964.]

18.32.040 Yard requirements.

The requirements for front and side yards and open spaces applicable to the particular zone in which any such use is proposed to be located shall prevail, unless in the findings and conditions recited in the action dealing with each such matter, specific additions are made with respect thereto. [Ord. 175 § 1(24.44.040), 1964.]

18.32.050 Permitted height – Floor area – Area coverage.

The provisions applying to height, floor area, and lot area coverage applicable to the particular zone in which any such use is proposed to be located shall prevail, unless in the findings and conditions recited in the action dealing with each such matter, specific additional limitations are made with respect thereto. [Ord. 175 § 1(24.44.050), 1964.]

18.32.060 Off-street parking and loading area requirements.

The requirements for provision of off-street parking and loading areas applicable to the particular use shall prevail, unless in the findings and conditions recited in the action dealing with each such matter, specific additional requirements are made with respect thereto. [Ord. 175 § 1(24.44.060), 1964.]