Chapter 17.64
CONDITIONAL USES

Sections:

17.64.010    Purpose.

17.64.030    Public schools and private schools offering curriculum similar to public schools.

17.64.040    Child day care centers.

17.64.050    Repealed.

17.64.060    Clinics, hospitals and sanitariums.

17.64.070    Churches.

17.64.080    Municipal buildings.

17.64.090    Places of public or private assembly.

17.64.100    Repealed.

17.64.110    Telephone exchanges and electrical substations.

17.64.120    Neighborhood centers.

17.64.130    Mobile/manufactured home parks.

17.64.140    Multifamily dwellings, boardinghouses, lodging houses.

17.64.150    Parks and playgrounds.

17.64.160    Bed and breakfast facilities.

17.64.170    Increased building height.

17.64.010 Purpose.

This chapter describes the criteria or conditions to be applied to specific conditional uses listed in each individual zoning district in which the specific conditional uses are permitted. The uses may be approved by the board of adjustment through the conditional use permit process described in Chapter 17.92 EWMC if they meet the standards of this chapter and the criteria of Chapters 17.92 and 17.96 EWMC as presently enacted or hereafter amended of this code. (Ord. 92-1 § 2, 1992; Ord. 91-5 § 2, 1991)

17.64.030 Public schools and private schools offering curriculum similar to public schools.

Public schools and private schools offering curriculum similar to public schools must meet the following minimum conditions:

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;

C. Parking: the off-street parking requirements shall be as set forth in EWMC 17.72.010, as the same exists now or may hereafter be amended;

D. Conformance with the neighborhood or comprehensive plan. (Ord. 02-18 § 1, 2002; Ord. 91-5 § 2, 1991)

17.64.040 Child day care centers.

Child day care centers (Groups 1 and 2) shall meet the following provisions:

A. Shall provide a copy of a valid Washington State child day care license;

B. Shall comply with all building, fire safety, health code, and business licensing requirements;

C. Signage must comply with the standards listed for home occupations in EWMC 17.74.080(A)(3), as the same exists now or may hereafter be amended;

D. An on-site vehicle pullout and passenger loading area or separate entrance and exit points shall be provided. The city shall specifically consider the location and appearance of the proposed passenger loading area or access in determining safety and compatibility with surrounding uses;

E. The site shall be landscaped as required by EWMC 17.72.060, as the same exists now or may hereafter be amended;

F. All outdoor play areas shall be entirely enclosed within a solid wall or fence a minimum of six feet in height, with self-closing gated openings;

G. Parking: the off-street parking requirements shall be as set forth in EWMC 17.72.010, as the same exists now or may hereafter be amended. (Ord. 02-18 § 2, 2002; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991)

17.64.050 Schools and studios for group instruction.

Repealed by Ord. 13-04. (Ord. 02-18 § 5, 2002; Ord. 91-5 § 2, 1991)

17.64.060 Clinics, hospitals and sanitariums.

Clinics, hospitals and sanitariums shall be as follows:

A. Districts permitted:

1. Clinics: R-M, R-H, C-M and C-H districts;

2. Hospitals: R-M, R-H and C-M districts;

3. Sanitariums: R-M, R-H, and C-M districts;

B. Minimum conditions:

1. Parking: the off-street parking requirements shall be as set forth in EWMC 17.72.010, as the same exists now or may hereafter be amended;

2. Minimum setback distances:

a. Clinics and sanitariums: one and one-half times the minimum requirements of the district in which it is to be located plus one-half foot for each foot by which the building height exceeds 20 feet,

b. Hospitals: R-M and R-H districts: the front, rear and side yard shall be at least 30 feet plus one foot for each foot by which the building height exceeds 20 feet;

3. Accessory living quarters for hospital personnel may be allowed on the hospital site;

4. If streets adjacent to a hospital are narrower than city standards widening for to city standards shall be dedicated. If necessary to improve circulation and access in an area, new streets adjacent to a hospital site shall be required and dedicated;

5. An applicant for a conditional property use permit for a hospital shall furnish the city with a contractual agreement to assure the applicant’s share of the development of streets, curbs, gutters, sidewalks and water and sewer facilities are developed to city standards;

6. Additional requirements may be imposed to assure that a hospital, clinic or sanitarium will be in harmony with the surrounding area, including preservation of light, air and view; to protect the adjacent streets from undue congestion; and to provide for suitable open space, landscaping and screening. (Ord. 02-18 § 1, 2002; Ord. 91-5 § 2, 1991)

17.64.070 Churches.

Churches shall meet the following minimum conditions:

A. Minimum lot area: 10,000 square feet;

B. Minimum lot frontage: 100 feet;

C. Site must be within one block of a major or secondary arterial;

D. Maximum land coverage: SR-20,000, SR-12,500 and R-L districts – 25 percent for all buildings. R-M, R-H, C-L and C-M districts – same as required in the district in which the church is proposed to be located;

E. Maximum heights: 40 feet;

F. Setback distances: Front yard and rear yard – same as required in the district in which the church is proposed to be located. Side yard in residential districts – 15 feet plus one-half foot for each foot by which the building height exceeds 40 feet. Side yards in commercial districts – same as required in the district in which the church is proposed to be located, however if the side yard is adjacent to the residential district, the side yard requirements shall be 15 feet plus one-half foot for each foot by which the building height exceeds 40 feet. Building on corner lots shall observe the minimum front yard setback on both streets;

G. Repealed by Ord. 2000-03;

H. Parking: the off-street parking requirements shall be as set forth in EWMC 17.72.010, as the same exists now or may hereafter be amended. (Ord. 02-18 § 1, 2002; Ord. 2000-03 § 4, 2000; Ord. 91-5 § 2, 1991)

17.64.080 Municipal buildings.

Municipal buildings shall meet the following minimum standards:

A. Maximum coverage: 65 percent for all buildings within residential districts; that of the district in which the structure is located within all other zones;

B. Minimum setback distances: those of the district in which the structure is located;

C. Maximum height: that of the district in which the structure is located;

D. Parking: the off-street parking requirements shall be as set forth in EWMC 17.72.010, as the same exists now or may hereafter be amended;

E. Landscaping requirements: that of the district in which the structures are located or additional as required by the planning commission. (Ord. 02-18 § 1, 2002; Ord. 91-5 § 2, 1991)

17.64.090 Places of public or private assembly.

Unless otherwise specifically provided for in this title, conditional property uses for places of public or private assembly shall be as follows:

A. Districts permitted: C-M and C-H districts;

B. Minimum conditions:

1. Parking: the off-street parking requirements shall be as set forth in EWMC 17.72.010, as the same exists now or may hereafter be amended;

2. Other requirements of the district in which the structure is located. (Ord. 02-18 § 1, 2002; Ord. 91-5 § 2, 1991)

17.64.100 Professional offices.

Repealed by Ord. 13-04. (Ord. 02-18 § 2, 2002; Ord. 91-5 § 2, 1991)

17.64.110 Telephone exchanges and electrical substations.

Telephone exchanges, electrical substations and similar uses of public service corporations must meet the following minimum conditions:

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 R-L District;

B. If the use is of an outdoor nature, such as a neighborhood electric substation, it shall be completely enclosed by a view-obscuring fence with the exterior grounds landscaped and the enclosure to meet the following setback requirements:

1. Front yard, 30 feet;

2. Side yard, 20 feet;

3. Rear yard, 10 feet if abutting on alley, otherwise 20 feet. (Ord. 91-5 § 2, 1991)

17.64.120 Neighborhood centers.

“Neighborhood centers” means a neighborhood center providing services of a social, economic and educational nature. Such centers may be permitted subject to the following conditions:

A. Front, side and rear yard setbacks of sufficient distance as determined by the planning commission to provide noise and light separation from adjacent residential uses;

B. Landscaping and screen planting in required yard area of types, quantity and location as prescribed by the board of adjustment sufficient to provide noise and light diffusion;

C. Parking: the off-street parking requirements shall be as set forth in EWMC 17.72.010, as the same exists now or may hereafter be amended;

D. Limitation on the hours of operation so as not to interfere with residential character of the neighborhood;

E. One unlighted identification sign not to exceed six square feet in area and located no closer to the property line than the required setback and parallel thereto;

F. No use of sound amplification or lighting equipment that would be audible or visible form adjacent properties;

G. Other conditions as deemed necessary by the board of adjustment to further the intent and purposes of this title and the city sign ordinances. (Ord. 02-18 § 1, 2002; Ord. 91-5 § 2, 1991)

17.64.130 Mobile/manufactured home parks.

Provided such developments meet the requirements of the Chelan-Douglas Health District and other applicable codes and ordinances pertaining to mobile/manufactured homes and mobile/manufactured home parks and provided the following minimum conditions are met:

A. The minimum size of mobile/manufactured home lots or spaces shall be 3,500 square feet and at least 40 feet wide;

B. There shall be a minimum distance of 15 feet between mobile/manufactured homes;

C. There shall be a minimum distance of 10 feet between mobile/manufactured homes and interior park streets;

D. Interior park streets shall be at least 22 feet wide exclusive of on-street parking space. Asphaltic surfacing or its equivalent and stormwater collection and disposal facilities shall be included meeting the applicable standards of EWMC 15.16.010 and EWMC Titles 12 and 13, including all future amendments, subject to approval of the city engineer and fire marshal;

E. Interior area lighting shall be provided at 200-foot intervals along park streets or at such lesser distances as are required by major changes in road direction;

F. A minimum setback distance of 15 feet shall be observed between mobile/manufactured homes and exterior project property lines. Additionally, mobile/manufactured homes located adjacent to the public rights-of-way shall maintain a minimum setback of 15 feet from the front property line or 45 feet from the street centerline, whichever distance is greater;

G. That fire hydrant(s) of a type, flow, in location(s) and numbers as determined by the city fire marshal shall be installed in compliance with Chapter 15.16 EWMC, the International Fire Code, including all future amendments;

H. Mobile/manufactured homes shall meet the following:

1. All mobile/manufactured homes not established as permanent residences within the city prior to August 27, 1984 (the effective date of Ordinance No. 370) shall bear the insignia of inspection and approval by the U.S. Department of Housing and Urban Development (manufactured since June 1976);

2. Minimum Size. The mobile/manufactured homes shall contain at least 960 square feet within the walls (smallest double wide);

3. Minimum Roof Pitch. Roof pitch shall be not less than two feet of rise for each 12 feet of horizontal run;

4. Skirting. Each mobile/manufactured home shall be completely enclosed between its underside and the ground level either with (a) skirting materials which are a similar material color and pattern as to the siding of the mobile home, or (b) a solid foundation;

5. Tongue. The tongue of all mobile/manufactured homes shall be removed or screened to the extent that they are not exposed;

6. A minimum of 80 square feet of enclosed accessory storage exclusive of automobile parking shall be provided for each mobile home;

I. Parking. The off-street parking requirements shall be as set forth in EWMC 17.72.010, including all future amendments;

J. Landscaping shall be installed in compliance with the provisions of Chapter 17.72 EWMC, including all future amendments;

K. All mobile/manufactured home parks established after the effective date of the ordinance codified in this section shall comply with the requirements for a binding site plan as provided in Chapter 16.18 EWMC, including all future amendments. (Ord. 12-20 § 7, 2012; Ord. 02-18 § 2, 2002; Ord. 91-5 § 2, 1991)

17.64.140 Multifamily dwellings, boardinghouses, lodging houses.

Multifamily dwellings, boardinghouses, lodging houses, in a commercial district, when not accessory to a commercial use, may be permitted as a conditional use provided that:

A. The development complies with the dimensional standards of the R-H district established in EWMC 17.32.050, as the same exists now or may hereafter be amended.

B. The off-street loading and parking requirements shall be as set forth in EWMC 17.72.010, as the same exists now or may hereafter be amended.

C. The board of adjustment makes a finding that the property is within 500 feet of a residential district and that the proposed use is not unduly detrimental to the development of commercial property in the area. (Ord. 02-18 § 3, 2002; Ord. 91-5 § 2, 1991)

17.64.150 Parks and playgrounds.

Parks and playgrounds shall meet the following minimum conditions:

A. Parks and playgrounds, including park buildings, shall be of such a character, size and design to service only the area within the neighborhood in which the park, playground or building is located;

B. Be consistent with provisions of the Comprehensive Plan;

C. Parking: the off-street parking requirements shall be as set forth in EWMC 17.72.010, as the same exists now or may hereafter be amended. (Ord. 02-18 § 2, 2002; Ord. 91-5 § 2, 1991)

17.64.160 Bed and breakfast facilities.

The following minimum conditions shall apply:

A. Bed and breakfast facilities shall meet all applicable health, fire safety, and building codes;

B. The bed and breakfast facility shall be the principal residence of the operator or have an on-site resident manager;

C. One wall-mounted sign nonilluminated or lighted with external direct lighting not to exceed 16 square feet in area shall be permitted;

D. Driveways accessing a bed and breakfast shall be approved by the fire marshal and the city street superintendent;

E. One off-street parking space shall be provided for each room available for patrons in addition to the off-street parking spaces required for the underlying district. Patron parking shall not be located within any required front or side yard or setback area;

F. Outdoor activity shall be limited to the hours of 9:00 a.m. to 10:00 p.m., unless otherwise approved by the review authority. (Ord. 05-07 § 7, 2005)

17.64.170 Increased building height.

A. Applicable districts: R-L, R-M, R-H, CBD, and G-C.

B. The maximum allowable building height may be increased up to 20 percent of the maximum height allowed in the applicable zoning district with approval of a conditional use permit if, in addition to the requirements of Chapter 17.92 EWMC, it is demonstrated that:

1. View opportunities from lots within 100 feet of the subject property are not substantially reduced;

2. Adequate provisions for fire protection are available at the time of construction (use of innovative construction techniques as approved by the fire marshal, fire flow, hydrant access, etc.);

3. No unstable slopes or soils are on the building site; and

4. Solar access of neighboring lots is not substantially (less than 50 percent) reduced.

C. In the CBD and G-C zoning districts, the height may be increased an additional 10 percent (30 percent maximum) if the applicant demonstrates that:

1. The increased height facilitates underground or enclosed under-building parking to the extent feasible.

2. The building massing contains significant modulations.

3. Thirty percent of the property is retained as pervious surface area.

Pervious surface areas can include landscaping, unpaved stormwater management facilities, and pervious trails. Setback areas and significant tree retention areas can count towards the required pervious surface area. Pervious surface areas shall exclude areas covered by:

a. Structures, including decks, fountains, and artwork, utility cabinets, lighting fixtures, trash enclosures, and signs; and

b. Areas covered by paving and/or gravel, including sidewalks, impervious paths, patios, parking areas, and driveways.

4. Mechanical equipment shall be enclosed or screened, and such enclosures or screening shall be architecturally integrated into the building design or landscape plan.

5. The project provides one or more public amenities that would not otherwise be provided, such as significant tree retention or provision of more open space than is otherwise required, publicly accessible play areas, trails, or benches, or other amenities proposed by the applicant and approved by the city. (Ord. 08-09 § 3 Exh. A-1(8), 2008)