Chapter 18.52
CONDITIONAL USES
Sections:
18.52.050 General requirements.
18.52.060 Essential public facilities.
18.52.080 Public and private schools.
18.52.090 Public service facilities.
18.52.100 Animal clinics and kennels.
18.52.110 Winery/hard cider, distillery and micro-brewery.
18.52.150 Small-scale industry.
18.52.160 Data processing center.
18.52.170 Wireless communication facilities (WCF) and small cell facilities/towers.
18.52.010 Purpose.
Conditional 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 properties. 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. 814 § 2 (Exh. C), 2020; Ord. 735 § 1 (Exh. A), 2012; Ord. 701 § 1 (Exh. A), 2009; Ord. 673 § 1 (Exh. B), 2007)
18.52.020 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. 814 § 2 (Exh. C), 2020; Ord. 735 § 1 (Exh. A), 2012; Ord. 701 § 1 (Exh. A), 2009; Ord. 673 § 1 (Exh. B), 2007)
18.52.030 Conditions imposed.
In addition to the other requirements of the 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:
(1) Requirements for environmental protection;
(2) Landscaping, clearing, planting, fencing and screening requirements;
(3) Requirements of site restoration, reforestation or regrading after use of the land;
(4) Setbacks, height and bulk requirements; refer to section describing; and
(5) Safety requirements, such as time of operations, traffic routing, limitations on processes, etc. (Ord. 814 § 2 (Exh. C), 2020; Ord. 735 § 1 (Exh. A), 2012; Ord. 701 § 1 (Exh. A), 2009; Ord. 673 § 1 (Exh. B), 2007)
18.52.040 Required findings.
The following findings, at a minimum, shall be made in order to authorize a conditional use:
(1) 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.
(2) 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. 814 § 2 (Exh. C), 2020; Ord. 735 § 1 (Exh. A), 2012; Ord. 701 § 1 (Exh. A), 2009; Ord. 673 § 1 (Exh. B), 2007)
18.52.050 General requirements.
(1) The city 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 city may require the permit to be recorded with the county auditor as a covenant on the property.
(2) 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.
(3) 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.
(4) A conditional use permit may be denied if the city finds the proposed use cannot be conditioned so that the required findings can be made.
(5) All city, state and federal regulations and permits shall be met. (Ord. 814 § 2 (Exh. C), 2020; Ord. 735 § 1 (Exh. A), 2012; Ord. 701 § 1 (Exh. A), 2009; Ord. 673 § 1 (Exh. B), 2007; Ord. 607 § 1, 2003. Formerly 18.50.020)
18.52.060 Essential public facilities.
Essential public facilities may be allowed as provided for in Chapter 18.40 EMC, District Use Chart, by conditional use permit; provided, that the specific siting criteria and performance standards will be generated on a case-by-case basis. (Ord. 814 § 2 (Exh. C), 2020; Ord. 735 § 1 (Exh. A), 2012; Ord. 701 § 1 (Exh. A), 2009; Ord. 673 § 1 (Exh. B), 2007; Ord. 607 § 1, 2003. Formerly 18.50.040)
18.52.070 Reserved.
(Ord. 858 § 30, 2023)
18.52.080 Public and private schools.
Public and private schools may be allowed as provided for in Chapter 18.40 EMC, District Use Chart, by conditional use permit with the following minimum provisions:
(1) That a 50-foot setback be observed on front, side, and rear yards.
(2) That a bus loading area be provided outside of the public street rights-of-way.
(3) That all playgrounds and playfields be enclosed by a fence or equivalent containment structure built to the maximum height allowed in the district for residential fences. (Ord. 814 § 2 (Exh. C), 2020; Ord. 735 § 1 (Exh. A), 2012; Ord. 701 § 1 (Exh. A), 2009; Ord. 673 § 1 (Exh. B), 2007; Ord. 607 § 1, 2003. Formerly 18.50.070)
18.52.090 Public service facilities.
Public service facilities may be allowed as provided for in Chapter 18.40 EMC, District Use Chart, by conditional use permit with the following minimum provisions:
(1) All setback requirements of the district shall be observed.
(2) If the facility is of an outdoor nature, it shall be completely enclosed by a view-obscuring fence or hedge at least six feet in height and shall observe the restrictions that apply to fences in the district.
(3) Proposed enclosures that exceed a height of six feet shall observe the minimum setback requirements that apply to primary structures in the district. (Ord. 814 § 2 (Exh. C), 2020; Ord. 735 § 1 (Exh. A), 2012; Ord. 701 § 1 (Exh. A), 2009; Ord. 673 § 1 (Exh. B), 2007; Ord. 607 § 1, 2003. Formerly 18.50.080)
18.52.100 Animal clinics and kennels.
Animal clinics and kennels may be allowed as provided for in Chapter 18.40 EMC, District Use Chart, by conditional use permit with the following minimum provisions:
(1) The treatment and keeping of animals shall be for domesticated animals – those kept by humans as pets.
(2) Only domesticated dogs and cats will be groomed in the facility.
(3) All grooming shall take place within the structure or accessory structure.
(4) When within a residential district, no more than six animals shall be on site at any one time.
(5) All business-related materials shall be stored within the primary or accessory structure at the place of business.
(6) All pets must be secured in kennels, cages, by leashes or in a manner that will protect and maintain a safe atmosphere.
(7) Kennel rooms shall include noise-reducing devices.
(8) All pets shall be maintained on a leash while outside.
(9) The applicant shall show that odor, dust, noise, waste and drainage shall not constitute a nuisance, hazard or health problem to adjoining property or uses. (Ord. 814 § 2 (Exh. C), 2020; Ord. 735 § 1 (Exh. A), 2012; Ord. 701 § 1 (Exh. A), 2009; Ord. 673 § 1 (Exh. B), 2007)
18.52.110 Winery/hard cider, distillery and micro-brewery.
Winery, micro-brewery and brewery may be allowed as provided for in Chapter 18.40 EMC, District Use Chart, by conditional use permit with the following minimum provisions:
(1) A complete and detailed analysis of water and wastewater usage shall be conducted to ensure city facilities are adequate to meet peak level demands. To minimize impacts on the existing water system, water recycling within the development is encouraged.
(2) All tanks, equipment and supplies shall be kept within an enclosed building/structure(s).
(3) Hours of operation shall be considerate of surrounding uses.
(4) Event rooms/halls/outside areas and tasting rooms shall be clearly defined on the site plan.
(5) Parking requirements shall be considered retail commercial or light industrial for event rooms/halls/outside and tasting room areas, and light industrial facilities for production and storage areas under Chapter 18.46 EMC.
(6) Odor and pest management shall limit the impact to surrounding property owners and land uses. (Ord. 814 § 2 (Exh. C), 2020; Ord. 735 § 1 (Exh. A), 2012; Ord. 701 § 1 (Exh. A), 2009; Ord. 673 § 1 (Exh. B), 2007)
18.52.120 Auto towing.
Auto towing may be allowed as provided for in Chapter 18.40 EMC, District Use Chart, by conditional use permit with the following minimum provisions:
(1) Parking requirements shall be considered light industrial facilities under Chapter 18.46 EMC.
(2) Storage of vehicles shall be within a secured building.
(3) Repair or stacking of vehicles shall not be permitted.
(4) Fencing and landscaping shall be used to minimize the impact to surrounding property owners and land uses.
(5) Potential for contamination of the soil and/or groundwater from fluids such as fuel, antifreeze and oil leaking from the vehicles parked within the impound area shall be reviewed and mitigated. (Ord. 814 § 2 (Exh. C), 2020; Ord. 735 § 1 (Exh. A), 2012; Ord. 701 § 1 (Exh. A), 2009; Ord. 673 § 1 (Exh. B), 2007)
18.52.130 Bed and breakfast.
Bed and breakfast facilities may be allowed as provided for in Chapter 18.40 EMC, District Use Chart, by conditional use permit with the following minimum provisions:
(1) The bed and breakfast facility shall be the principal residence of the owner.
(2) A bed and breakfast facility 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.
(3) All health, building and fire regulations shall be met.
(4) Off-street parking as required in Chapter 18.46 EMC 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.
(5) One nonilluminated sign bearing the name of the bed and breakfast facility is permitted; provided, that the sign is not more than six square feet in area.
(6) Guests shall limit their length of stay to not more than 14 consecutive days.
(7) Application shall contain a floor plan and lot plan detailing 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.
(8) Meals shall only be served to paying guests, not the general public. (Ord. 814 § 2 (Exh. C), 2020; Ord. 735 § 1 (Exh. A), 2012; Ord. 701 § 1 (Exh. A), 2009; Ord. 673 § 1 (Exh. B), 2007)
18.52.150 Small-scale industry.
Light manufacturing and other industrial uses that do not meet the definition of small scale may be allowed as provided for in Chapter 18.40 EMC, District Use Chart, by conditional use permit with the following minimum provisions:
(1) Provisions for noise, odor, vibration, etc., shall be made to ensure surrounding uses are not negatively impacted.
(2) Storage shall be contained within a building structure.
(3) Truck entrance shall be screened from surrounding land uses.
(4) Hours of operation, especially production hours, shall be considerate of surrounding land uses, traffic patterns, goals and policies of the district. (Ord. 858 § 31, 2023; Ord. 814 § 2 (Exh. C), 2020; Ord. 735 § 1 (Exh. A), 2012; Ord. 701 § 1 (Exh. A), 2009; Ord. 673 § 1 (Exh. B), 2007)
18.52.160 Data processing center.
Data processing center is a facility where computing and networking equipment is concentrated for the purpose of collecting, storing, processing, distributing, ecommerce or allowing access to large amounts of data.
Data processing center may be allowed as provided for in Chapter 18.40 EMC, District Use Chart, by conditional use permit with the following minimum provisions:
(1) The use of cargo containers, railroad cars, semi-truck trailers and other similar storage containers for any component of the operation is strictly prohibited.
(2) All data center operations, including all ancillary equipment/operations for purposes such as cooling, shall be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the surrounding properties and not cause the dissemination of dust, smoke, glare, heat, vibration or noise in excess of the maximum environmental noise level established by WAC Title 6A or Chapter 173-60 WAC beyond the property line or affecting adjacent buildings. Violation of these established noise levels will result in revocation of a city business license pursuant to EMC and any other applicable penalties.
(3) Must provide documentation that a complete application was submitted and accepted by Chelan County PUD, which shall also include a system impact and subarea plan. (Ord. 814 § 2 (Exh. C), 2020)
18.52.170 Wireless communication facilities (WCF) and small cell facilities/towers.
The purpose is to establish appropriate locations, site development standards, and permit requirements to allow for wireless communication services, in a manner which will facilitate the location of various types of wireless communication facilities in permitted zoning districts. Minimizing the adverse visual impact of these facilities is one of the primary objectives. This is also intended to allow wireless communication facilities and small cell facilities/towers as provided in EMC use chart, which are sufficient to provide adequate service.
(1) Facilities shall comply with applicable zoning district height requirements.
(2) Towers shall be set back from each property line by a distance equal to one and one-half the tower height.
(3) No equipment shall be operated that produce noise in levels above 45 decibels as measured from the nearest property line on which the wireless communication facility is located.
(4) Sight-obscuring security fencing shall be required and shall be coated with nonreflective neutral colors, and landscaping shall be required pursuant to Chapter 18.48 EMC.
(5) Towers or antennas shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the city may require available lighting alternative and approve the design that would cause the least disturbance to the surrounding views.
(6) Commercial advertising is prohibited on tower(s), fencing, cabinets or other appurtenant structures.
(7) Wireless communication facilities shall not be placed on city light poles, city buildings or property.
(8) Co-location of wireless communication is encouraged. One freestanding pole or pole structure per parcel.
(9) All wireless communication facilities (WCF) and small cell facilities/towers will require a building permit and structural engineering as determined by city. (Ord. 814 § 2 (Exh. C), 2020)