Chapter 17.72
CONDITIONAL USES

Sections:

17.72.010    Approval required.

17.72.020    Permit – Contents.

17.72.030    Permit – Expiration.

17.72.040    Complaint investigation – Cease and desist order – Appeal.

17.72.050    Evaluation criteria and general standards.

17.72.060    Home occupations.

17.72.070    Bed and breakfast.

17.72.080    Public and private schools.

17.72.090    Day care, family home – B, mini day care and day care centers.

17.72.100    Schools, preschools and studios for group instruction.

17.72.110    Accessory dwelling units.

17.72.120    Repealed.

17.72.140    Utility substations and exchanges.

17.72.150    Value-added operation of winery/vineyard “B.”

17.72.010 Approval required.

Conditional property uses, because of public convenience and necessity and their effect upon the neighborhood, 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 or to adjacent and surrounding property. (Ord. 1196 § 4 (Exh. D), 2011; Ord. 1138 § 1 (Exh. A), 2008; Ord. 1097 § 1, 2007; Ord. 1039 § 1, 2004).

17.72.020 Permit – Contents.

Permits for conditional property uses shall be signed by the hearing examiner (Group A home occupations may be approved by the city administrator), 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, off-street parking, and any other reasonable restrictions, conditions or safeguards 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. (Ord. 1196 § 4 (Exh. D), 2011; Ord. 1138 § 1 (Exh. A), 2008; Ord. 1097 § 1, 2007; Ord. 1039 § 1, 2004).

17.72.030 Permit – Expiration.

A. 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.

B. The permit expires at the time the use for which the permit was granted is discontinued. (Ord. 1196 § 4 (Exh. D), 2011; Ord. 1138 § 1 (Exh. A), 2008; Ord. 1097 § 1, 2007; Ord. 1039 § 1, 2004).

17.72.040 Complaint investigation – Cease and desist order – Appeal.

The city administrator having charge of the enforcement of this code shall at any time have the right and duty to investigate complaints concerning the use of any structure or property or the continuance of use of any structure or property in accordance with the provisions of this title covering conditional property uses. Upon his finding that the use or continued use of the premises is contrary to the provisions of this title establishing conditions for such use, the city attorney shall forthwith issue a cease and desist order prohibiting the use or continuance of use of the premises for such purpose, and it shall be abated as a public nuisance. Any order of cease and desist issued by the city attorney provided in this section may be appealed in writing to the hearing examiner. Written notice of appeal must be filed with the city clerk-treasurer within 20 days after the issuance of the order. (Ord. 1196 § 4 (Exh. D), 2011; Ord. 1138 § 1 (Exh. A), 2008; Ord. 1097 § 1, 2007; Ord. 1039 § 1, 2004).

17.72.050 Evaluation criteria and general standards.

Conditional uses shall comply with the following evaluation criteria and general standards:

A. The proposed use will be harmonious and in accordance with the general and specific objectives of the comprehensive plan and all subarea plans.

B. The proposed use will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity.

C. The traffic generated by the proposed use shall be mitigated so as not to burden the traffic circulation system in the vicinity.

D. The proposed use will be adequately served by facilities and services such as highways, streets, law enforcement, fire protection, storm water drainage, refuse disposal, domestic water and sanitary sewers and schools; or that persons or agencies responsible for the establishment of the proposed use shall provide adequate services.

E. The proposed use will not create excessive additional requirements at public cost for public facilities and services.

F. The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or general welfare by reasons of excessive production of traffic, noise, smoke, fumes, vibration, glare or odors.

G. Proposed ingress and egress, driveway widths, parking and street improvements shall be approved pursuant to applicable chapters of the CMC and the Cashmere Design Standards Manual.

H. Adequate buffering devices such as fencing, landscaping, or topographic characteristics shall be in place in order to mitigate and protect adjacent properties from potential adverse impacts of the proposed use, including visual and/or auditory effects.

I. Conditional use permits shall comply with the CMC and all applicable local, state and/or federal regulations.

J. A conditional use shall ordinarily comply with the standards of the district within which the use is located and with the other applicable provisions of the CMC, except as modified by the approval of the conditional use permit and the standards of this chapter or as otherwise specified in the CMC.

K. The hearing examiner may, in addition to the standards and regulations specified in the CMC, establish other conditions found necessary to protect the health, welfare, safety and interest of surrounding properties, the neighborhood and the city as a whole. These conditions may address the following:

1. Increasing the required lot size or yard dimensions;

2. Limiting the coverage or height of buildings;

3. Mitigating traffic impacts through on-site and off-site improvements;

4. Increasing the number of off-street parking and loading requirements;

5. Limiting the number, location, design and size of signs and illumination devices;

6. Increasing required landscaping components to reduce noise and visual impacts, including glare;

7. Specifying time limits for construction and operation;

8. Requiring performance assurances acceptable to the city attorney;

9. Specifying time frames for compliance review; and

10. Other conditions deemed appropriate to address the requirements and intent of this chapter, the CMC and the comprehensive plan. (Ord. 1196 § 4 (Exh. D), 2011; Ord. 1138 § 1 (Exh. A), 2008; Ord. 1097 § 1, 2007; Ord. 1039 § 1, 2004).

17.72.060 Home occupations.

The minimum conditions for a Group B home occupation shall be as follows:

A. Have applied for and the ability to obtain a valid city business license;

B. The use of the premises as a home occupation will qualify as to the definition of a home occupation in Chapter 17.08 CMC;

C. Not over 20 percent of the total interior living space, not to exceed 600 square feet, is to be used for the home occupation;

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

E. Any member of the household and not more than one nonresident may be engaged in the home occupation;

F. No commercial advertising on site except one sign bearing the name of the business or resident, no larger than four square feet and flush-mounted on the residence;

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

H. Stock in trade stored or for sale shall not exceed 25 percent of the total home occupation area;

I. 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;

J. No 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. (Ord. 1196 § 4 (Exh. D), 2011; Ord. 1138 § 1 (Exh. A), 2008; Ord. 1097 § 1, 2007; Ord. 1039 § 1, 2004).

17.72.070 Bed and breakfast.

The minimum conditions for a bed and breakfast shall be as follows:

A. Principal Residence. The bed and breakfast facility shall be the principal residence of the owner;

B. Impact. A bed and breakfast shall be compatible with the residential character of the neighborhood and the owners shall provide screening with shrubs, fencing and other suitable materials to minimize the impact upon the residential character of the neighborhood;

C. Other Regulations. The applicant for a conditional use permit for a bed and breakfast shall at the time of filing the application provide evidence to the hearing examiner of compliance with all health, building and fire regulations;

D. Off-street parking as required in Chapter 17.54 CMC shall be behind the front yard setback line and shall be screened so as to minimize the visual and audio impact upon the residential character of the neighborhood;

E. Sign. Each bed and breakfast guest house facility may have one sign advertising the facility which shall comply with the CMC;

F. Bathrooms. Bathrooms must be provided in accordance with county and state bed and breakfast regulations;

G. Duration of Stay. Guests shall limit their length of stay to not more than 14 consecutive days;

H. Nontransferable. All conditional use permits for bed and breakfast facilities shall be nontransferable to subsequent owners of the residence;

I. Usage Density. Not more than 25 percent of the square footage of floor space of any facility shall be used for bed and breakfast purposes;

J. Application. All applications for bed and breakfast conditional use permits shall be accompanied with a floor plan and lot plan setting forth bathrooms and bedrooms to be used for bed and breakfast guest house facilities, their size, location and the lot plan showing the location of off-street parking, its size and any additions to premises and screening;

K. Food. Serving meals to paying guests shall be limited to guests staying at the facility only. (Ord. 1196 § 4 (Exh. D), 2011; Ord. 1138 § 1 (Exh. A), 2008; Ord. 1097 § 1, 2007; Ord. 1039 § 1, 2004).

17.72.080 Public and private schools.

The minimum conditions for public and private schools shall be as follows:

A. Minimum land area standards as now established and as they may be subsequently established by the State Department of Public Instruction;

B. Fifty-foot setback on front, side, and rear yards for a proposed school located in any residential district;

C. 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. (Ord. 1196 § 4 (Exh. D), 2011; Ord. 1138 § 1 (Exh. A), 2008; Ord. 1097 § 1, 2007; Ord. 1039 § 1, 2004).

17.72.090 Day care, family home – B, mini day care and day care centers.

The minimum conditions for mini day care and day care centers shall be as follows:

A. Submit a certificate of compliance with all applicable code requirements including without limitation all building, fire, safety, health code, and business licensing requirements;

B. Conform to lot size, building size, setbacks, and lot coverage standards applicable to the zoning district except if the structure is a legal nonconforming structure;

C. Obtain the applicable licensing by Washington State;

D. Provide a safe passenger loading area;

E. Hours of operation shall be established by the hearing examiner;

F. All equipment and play areas shall be located behind the front yard setback line;

G. All play areas shall be fenced and screened in a manner approved by the hearing examiner so as to minimize noise and visual interference with the adjoining neighborhood;

H. An on-site vehicle turnaround or separate entrance and exit points and passenger loading area must be provided. The city shall specifically consider the location and appearance of the proposed turnaround or access in determining the compatibility with the surrounding uses. The hearing examiner shall consider the traffic safety of the location for pickup and delivery of children;

I. The hearing examiner may impose such other conditions to mitigate any potential adverse impact on the surrounding area. The hearing examiner shall specifically consider the need to limit the hours of operation of use. The hearing examiner shall establish the maximum number of children permitted in the child care service at any one time;

J. Review and Transferability. This permit is nontransferable. This permit shall be revoked upon determination by the hearing examiner that a violation of the requirements has occurred. (Ord. 1196 § 4 (Exh. D), 2011; Ord. 1138 § 1 (Exh. A), 2008; Ord. 1097 § 1, 2007; Ord. 1046 § 2, 2004; Ord. 1039 § 1, 2004).

17.72.100 Schools, preschools and studios for group instruction.

Preschools and studios for group instruction that occur in a building/structure other than a residence, and that occur independent of a home, mini day care or day care center shall comply with the standards identified for mini day care and day care centers, as provided herein. (Ord. 1196 § 4 (Exh. D), 2011; Ord. 1138 § 1 (Exh. A), 2008; Ord. 1097 § 1, 2007; Ord. 1039 § 1, 2004).

17.72.110 Accessory dwelling units.

The minimum conditions for accessory dwelling units shall be as follows:

A. Only one accessory dwelling unit shall be allowed per building lot or home site in conjunction with a single-family structure, even if such structure is built on more than one platted lot.

B. An accessory dwelling unit may be attached to, created within, or detached from a new or existing primary single-family dwelling unit.

C. The property owner (which shall include title holders and contract purchasers) shall occupy either the primary unit or the accessory unit as their permanent residence. An annual ownership certification shall be required to ensure this condition is maintained.

D. The accessory dwelling unit will require one parking space, which is in addition to any off-street spaces required for the primary single-family dwelling unit.

E. The floor area for the accessory dwelling unit shall in no case exceed 900 square feet, nor be less than 300 square feet, and the accessory dwelling unit shall contain no more than two bedrooms. Additionally, the square footage of the accessory dwelling unit shall be no more than 50 percent of the area of the primary single-family dwelling.

F. An accessory dwelling unit, together with the primary single-family dwelling unit and other accessory buildings or structures with which it is associated, shall conform to all other provisions of this code, and no variance of yard setback or building lot coverage requirements will be granted.

G. The accessory dwelling unit shall meet the minimum requirements of the International Building Code, International Fire Code, health district and all other local, state and federal agencies.

H. The accessory dwelling unit shall have separate utility connections; however, the property owner, as shown on the Chelan County assessor records, shall be responsible for ensuring the utility bills associated with both the primary and accessory are paid in a timely fashion.

I. Future subdivision shall require compliance with all applicable provisions of the CMC including, without limitation, minimum lot size and yard area requirements.

J. Conversions of accessory storage structures, including without limitation garages and carports, to accessory dwelling units shall only occur when that existing structure meets the required yard setbacks for a residence, including without limitation the rear and side yard requirements. (Ord. 1196 § 4 (Exh. D), 2011; Ord. 1138 § 1 (Exh. A), 2008; Ord. 1097 § 1, 2007; Ord. 1039 § 1, 2004).

17.72.120 Churches and church-sponsored youth centers.

Repealed by Ord. 1264. (Ord. 1196 § 4 (Exh. D), 2011; Ord. 1138 § 1 (Exh. A), 2008; Ord. 1097 § 1, 2007; Ord. 1039 § 1, 2004).

17.72.140 Utility substations and exchanges.

The minimum conditions for utility substations and exchanges shall be as follows:

A. Completely enclosed within buildings which conform to and harmonize with surrounding buildings as to type of architecture and landscaping and comply with the setback requirements of the single-family district; or

B. If the use is of an outdoor nature, such as a neighborhood substation, it shall be completely enclosed in a view-obscuring fence or hedge, with the exterior grounds landscaped; such enclosure to meet the following setback requirements: front yard, 30 feet; side yard, 20 feet; and rear yard, 10 feet if abutting on alley, otherwise 20 feet. (Ord. 1196 § 4 (Exh. D), 2011; Ord. 1138 § 1 (Exh. A), 2008; Ord. 1097 § 1, 2007; Ord. 1039 § 1, 2004).

17.72.150 Value-added operation of winery/vineyard “B.”

Value-added operation of winery/vineyard “B” means a winery/vineyard that exceeds 2,500 square feet, or includes cumulative ancillary uses of more than 1,000 square feet. Value-added wineries/vineyards “B” shall be permitted as conditional or permitted uses provided property and vineyard are at least one acre in size. Ancillary uses may include decks, patios or terraces associated with the retail use and are limited to the processing and sale of wine or spirits, wine tasting, incidental and/or accessory food and beverage service, and sale of items related to the winery and its products and wine tasting events.

Value-added operation of winery/vineyard “B” proposals shall comply with CMC 17.72.050, Evaluation criteria and general standards. (Ord. 1196 § 4 (Exh. D), 2011).