Chapter 18.52
CONDITIONAL USES

Sections:

18.52.010    Application – Requirements.

18.52.030    Hearing – Recess – Decision – Final action notice.

18.52.040    Application – Postponement or withdrawal.

18.52.050    Approval or denial – Authority.

18.52.060    Additional requirements and conditions.

18.52.070    Use change – Conformance required.

18.52.080    Bond – Authority to require.

18.52.090    Approval – Term – Permanent.

18.52.100    Notice of violation – Hearing.

18.52.110    Conditional use permit – Mini-day care or day care center.

18.52.120    Conditional use permit – Bed and breakfast.

18.52.125    Reserved.

18.52.130    Conditional use permit – Two-family dwelling units (duplexes).

18.52.135    Conditional use permit – Underground parking facility in the multifamily zone district to provide parking for a commercial zone district.

18.52.140    Conditional use permit – Coffee roasting.

18.52.150    Conditional use permit – Pet care centers.

18.52.010 Application – Requirements.

A request for a conditional use may be initiated by a property owner or his authorized agent by filing an application with the hearing examiner on forms prescribed by the examiner, at least 15 days prior to the commission meeting at which the proposal is to be considered. The application shall be accompanied by a site plan, drawn to scale, showing the dimensions and arrangement of the proposed development and its relationship to the surrounding property. Each application shall be accompanied by a receipt indicating payment of a fee, charged according to a schedule of fees set forth in Chapter 18.64 LMC or modifications or changes thereto duly adopted by the city council. [Ord. 1467 § 1 (Att. A), 2014; Ord. 1421 § 1 (Att. A), 2012; Ord. 1373 § 1 (Exh. A), 2010; Ord. 762 § 1, 1985; Ord. 754 § 8, 1984; Ord. 551 § 36.110(10), 1976; Ord. 531 § 1, 1973.]

18.52.030 Hearing – Recess – Decision – Final action notice.

The hearing examiner may recess a hearing on a request for a conditional use in order to obtain additional information. Upon recessing for this purpose, the examiner shall announce the time and date when the hearing will be resumed. The examiner shall make his or her decision on a conditional use within 75 days after the first public hearing on the conditional use. The examiner shall cause written notification of his or her action to be mailed to the applicant for a conditional use within five days after the decision has been rendered. [Ord. 1467 § 1 (Att. A), 2014; Ord. 1421 § 1 (Att. A), 2012; Ord. 1373 § 1 (Exh. A), 2010; Ord. 762 § 1, 1985; Ord. 754 § 8, 1984; Ord. 551 § 36.110(20), 1976; Ord. 531 § 1, 1973.]

18.52.040 Application – Postponement or withdrawal.

Any applicant, or his agent, may at any time request withdrawal or postponement of consideration of his application. [Ord. 1467 § 1 (Att. A), 2014; Ord. 1421 § 1 (Att. A), 2012; Ord. 1373 § 1 (Exh. A), 2010; Ord. 762 § 1, 1985; Ord. 754 § 8, 1984; Ord. 551 § 36.110(25), 1976; Ord. 531 § 1, 1973.]

18.52.050 Approval or denial – Authority.

Uses designated in this title as conditional uses shall be permitted only upon approval of the Leavenworth hearing examiner, after a public hearing, in accordance with this chapter. Conditional uses are those which may be appropriate, desirable, convenient or necessary in the district in which they are allowed, but which by reason of their height or bulk or creation of traffic hazards or parking problems or other adverse conditions may be injurious to the public health, safety, welfare, comfort and convenience unless appropriate conditions are imposed. [Ord. 1467 § 1 (Att. A), 2014; Ord. 1421 § 1 (Att. A), 2012; Ord. 1373 § 1 (Exh. A), 2010; Ord. 1203 § 4, 2003; Ord. 1029 § 1, 1996; Ord. 929 § 1, 1993; Ord. 762 § 1, 1985; Ord. 754 § 8, 1984; Ord. 551 § 36.100(10), 1976; Ord. 531 § 1, 1973.]

18.52.060 Additional requirements and conditions.

In permitting a conditional use, the hearing examiner may impose, in addition to the regulations and standards expressly specified by this title, other conditions found necessary to protect the best interests of the surrounding property, the neighborhood, or the county as a whole. These conditions may include but are not limited to the following:

A. Increasing the required lot size or yard dimensions;

B. Limiting the coverage or height of buildings because of obstruction to view and reduction of light and air to adjacent property;

C. Controlling the location and number of vehicular access points to the property;

D. Increasing the street width;

E. Increasing the number of off-street parking or loading spaces required;

F. Limiting the number, location and size of signs;

G. Requiring suitable landscaping where necessary to reduce noise and glare and to maintain the property in a character in keeping with the surrounding area;

H. Specifying a specific time limit for construction, alteration or enlargement to begin for a structure to house a conditional use;

I. Requiring that any future enlargement or alteration of the use be reviewed by the hearing examiner in view of specifying new conditions. [Ord. 1467 § 1 (Att. A), 2014; Ord. 1421 § 1 (Att. A), 2012; Ord. 1373 § 1 (Exh. A), 2010; Ord. 929 § 2, 1993; Ord. 762 § 1, 1985; Ord. 754 § 8, 1984; Ord. 551 § 36.100(15), 1976; Ord. 531 § 1, 1973.]

18.52.070 Use change – Conformance required.

A change in use, expansion or contraction of a site area, or alteration of structures or uses which are classified as conditional and are existing prior to the effective date of the ordinance codified in this title, shall conform to all regulations pertaining to conditional uses. [Ord. 1467 § 1 (Att. A), 2014; Ord. 1421 § 1 (Att. A), 2012; Ord. 1373 § 1 (Exh. A), 2010; Ord. 762 § 1, 1985; Ord. 754 § 8, 1984; Ord. 551 § 36.100(20), 1976; Ord. 531 § 1, 1973.]

18.52.080 Bond – Authority to require.

The hearing examiner may require that the applicant for a conditional use furnish the city with a performance bond of up to the value of the cost of the improvement to be guaranteed by such bond, in order to assure the proper development of the conditional use according to the restrictions and conditions specified by the examiner. [Ord. 1467 § 1 (Att. A), 2014; Ord. 1421 § 1 (Att. A), 2012; Ord. 1373 § 1 (Exh. A), 2010; Ord. 762 § 1, 1985; Ord. 754 § 8, 1984; Ord. 551 § 36.100(25), 1976; Ord. 531 § 1, 1973.]

18.52.090 Approval – Term – Permanent.

Any approval of any application for a conditional use shall:

A. Automatically be for a period of one year from the date of approval;

B. At the expiration of its first year of approval, and after review by the community development director and assurance by the director that all conditions of approval have been or are being met, any such approved conditional use may be continued. At any time, the city may at its discretion require that the conditional use permit be reviewed by the hearing examiner, who will have the authority to revise the initial conditions of approval if need for mitigation is determined. All conditions of the permit shall continue to apply throughout the life of the use. [Ord. 1467 § 1 (Att. A), 2014; Ord. 1421 § 1 (Att. A), 2012; Ord. 1373 § 1 (Exh. A), 2010; Ord. 1285 § 1 (Exh. A § 1(c)), 2007; Ord. 762 § 1, 1985; Ord. 754 § 8, 1984; Ord. 551 § 36.100(30), 1976; Ord. 531 § 1, 1973.]

18.52.100 Notice of violation – Hearing.

The administrative official shall give the holder of a valid conditional use permit written notification of any observed or reported violation of the terms of the permit or of any terms of the zoning district which are not expressly modified by the conditional use permit. Such notification shall include the violation and the terms of the ordinance which apply thereto, and shall give the permit holder 10 days to correct the violation. In the event that a violation is continued beyond the 10-day notification period, the hearing examiner shall review the matter at a public hearing and, on its finding that the violation does exist and that the notification of correction did not produce a correction of the violation, may declare any such conditional use permit null and void and refer the matter to the city attorney for legal action. [Ord. 1467 § 1 (Att. A), 2014; Ord. 1421 § 1 (Att. A), 2012; Ord. 1373 § 1 (Exh. A), 2010; Ord. 762 § 1, 1985; Ord. 754 § 8, 1984; Ord. 551 § 36.100(35), 1976; Ord. 531 § 1, 1973.]

18.52.110 Conditional use permit – Mini-day care or day care center.

In granting a conditional use permit for a mini-day care center or a day care center, the hearing examiner shall impose the following minimum conditions:

A. Forty feet of frontage on a public street;

B. One off-street parking space per employee, and, for day care centers, one off-street loading space (10 feet by 20 feet) for every five children beyond the first 12 children;

C. One hundred fifty square feet of fenced outdoor play space per child, exclusive of garage area, located in the rear yard;

D. Fifty square feet of interior floor space per child;

E. Hours of operation shall be between 6:00 a.m. and 9:00 p.m.;

F. Licensing shall be in accordance with Department of Social and Health Services regulations;

G. Confirmation by the building official that the facility meets the requirements of Chapters 8 and 33 of the International Building Code;

H. Confirmation by the fire marshal that the facility meets the requirements of Chapter 212-12 WAC. [Ord. 1467 § 1 (Att. A), 2014; Ord. 1421 § 1 (Att. A), 2012; Ord. 1373 § 1 (Exh. A), 2010; Ord. 762 § 1, 1985; Ord. 754 § 8, 1984.]

18.52.120 Conditional use permit – Bed and breakfast.

In granting a conditional use permit for a bed and breakfast in addition to the criteria in LMC 18.52.050 and 18.52.060 where applicable, the hearing examiner shall impose the following minimum conditions to allow a bed and breakfast as a conditional use:

A. The bed and breakfast facility shall be the principal residence of the property owner. A property owner must live on-site throughout the visitor’s stay.

B. Detached units with rooms are allowed. Accessory dwelling units may be allowed to be a part of the bed and breakfast.

C. A bed and breakfast may only be offered in a space intended for human habitation. For example, a property owner may not rent a space in an accessory structure that is a storage shed or garage.

D. The maximum number of occupants permitted to stay overnight shall be two people for each bedroom, excluding children under the age of six.

E. Bed and breakfast facilities shall meet all applicable health, fire safety, and building codes. New, converted, or annexed bed and breakfast facilities shall be inspected by the city of Leavenworth prior to operations. Thereafter with renewal of annual permits, inspections shall be conducted by the property owner via the “Annual Building, Fire and Life Safety Occupancy Permit Application” provided by the city with the annual permit renewal process. All bed and breakfasts shall receive an annual permit from January 1st to December 31st, under limited administrative review, documenting conformance with city code and agreement to conform to all permits, licenses and permits. The International Fire, Residential, and Building Codes shall be applied at the time of permit for use.

F. Bed and breakfasts shall be residential in appearance.

G. Bed and breakfast facilities in or adjacent to residential districts shall not infringe upon the right of neighboring residents to reasonable peaceful occupancy of their homes. Bed and breakfasts shall obtain a city business license and separate annual permits provided by the city. In any advertisement of the bed and breakfast, the property owner must include the business license number issued by the city.

H. A written management plan shall be submitted for approval as a part of the conditional use permit process. It shall include, at a minimum, the proposed management structure, providing guests with information related to emergency exit routes, 24 hours a day seven days a week contact information, required guest rules and regulations, including for litter control, quiet hours, parking and proposed methods to enforce occupancy limitations and other requirements. In addition to providing the plan to the city of Leavenworth, contact information shall be provided to the adjacent properties, District 3 fire chief, and Chelan County sheriff. A legible sign shall be placed adjacent to the front door (outside), clearly visible to the general public listing the maximum number of occupants permitted to stay overnight, the maximum number of vehicles allowed to be parked on site, and the name and contact information of the contact person. Quiet hours shall, at a minimum, be from 10:00 p.m. to 7:00 a.m., or as otherwise provided by city or state regulations, whichever is more stringent. The management plan may be modified with amendment to the conditional use permit.

I. One nonilluminated sign, not to exceed four square feet, on the exterior of the bed and breakfast shall be permitted subject to the review process appropriate to the zoning district.

J. The property owner must clearly advertise the bed and breakfast as property owner occupied. This applies even in cases in which the bed and breakfast takes place in an accessory dwelling unit.

K. Driveways accessing a bed and breakfast which are more than 100 feet in length shall have an improved width of at least 12 feet with appropriately spaced cutouts to facilitate the passage of two vehicles traveling in opposite directions.

L. One off-street patron/visitor parking space, not located within a required yard area, shall be provided for each room rented. All parking must be accommodated on site.

M. The hearing examiner may impose other conditions, such as additional parking, improved access, landscaping, or screening, if found necessary to protect the best interests of the surrounding properties of the neighborhood due to the nature of the site or the facility.

N. An affidavit certifying that the property owner will comply with all of the provisions of the bed and breakfast regulations, conditional use permit, business license conditions for operating a bed and breakfast, and all relevant laws shall be required.

O. Violation of the conditions of approval, as determined by the city, shall result in revocation of the bed and breakfast and a potential monetary penalty of $2,000 enforced in accordance with Chapter 21.13 LMC. Re-establishment shall be allowed administratively with compliance and remittance of the monetary penalty, and any other fees necessary for permit issuance.

P. Within the annual permits provided by the city, the property owner shall report to the city the following minimum information:

1. The address of the bed and breakfast; and the contact name(s) of the property owner.

2. The total number of nights that the bed and breakfast was occupied for transient accommodation or lodging.

3. The property owner shall both have legal responsibility for the collection of all applicable taxes and remittance of the collected tax.

4. The property owner must provide its clients or potential clients the following disclosure:

On January 24, 2017, the Leavenworth City Council adopted the new Bed and Breakfast Ordinance reiterating its existing prohibition on the rental of entire dwellings as vacation rentals. The new Bed and Breakfast Ordinance also legalized the short-term rental of a portion of a person’s home when the property owner lives on-site throughout the visitor’s stay and when the property owner obtains appropriate permits, including a business license. The property owner is also required to collect and remit necessary taxes.

Q. The city of Leavenworth hereby adopts a fire and life safety self-inspection program for bed and breakfast facilities operating within the city limits of Leavenworth. After the initial inspections with permitting, the property owner from that time forward, shall conduct a self-inspection of their property annually and submit a self-inspection form to the city no later than 30 days after receipt from the city. The inspection is to be conducted by the property owner, or their designee.

R. A standard letter from the city will be mailed to the property owner requiring the self-inspection. A partial list of fire and building inspection review elements will be included with the inspection form. The city supplied self-inspection form shall be completed and signed by the property owner and returned to the city. A copy of the certificate of occupancy or change of use permit application must accompany the self-inspection form together with the applicable application fee as established by resolution of the city of Leavenworth.

S. In the event a property owner fails to timely file the self-inspection form with the city of Leavenworth, the city may order an on-site inspection by the city building and/or fire official or designee and the property owner shall be billed the applicable fee for said on-site inspection. Random inspections may be conducted by the city at the city’s discretion. Within a three-year cycle, all properties shall be inspected by the city. The inspection fee shall be established by resolution of the city council.

T. Any person, partnership, association, firm or corporation who violates or fails to comply with this chapter is guilty of a civil infraction and is subject to the civil penalties and remedies and corrective actions as set forth in Chapter 21.13 LMC. [Ord. 1542 § 1 (Att. A), 2017; Ord. 1467 § 1 (Att. A), 2014; Ord. 1431 § 1 (Att. A), 2012; Ord. 1421 § 1 (Att. A), 2012; Ord. 1373 § 1 (Exh. A), 2010; Ord. 762 § 1, 1985; Ord. 754 § 8, 1984.]

18.52.125 Reserved.

Repealed by Ord. 1467. [Ord. 1421 § 1 (Att. A), 2012; Ord. 1373 § 1 (Exh. A), 2010; Ord. 1285 § 1 (Exh. A § 1(b)), 2007.]

18.52.130 Conditional use permit – Two-family dwelling units (duplexes).

In granting a conditional use permit for a two-family dwelling unit in the residential low density zone, the hearing examiner shall impose the following minimum conditions:

A. The minimum lot area shall be 12,000 square feet for a duplex. [Ord. 1467 § 1 (Att. A), 2014; Ord. 1431 § 1 (Att. A), 2012; Ord. 1421 § 1 (Att. A), 2012; Ord. 1373 § 1 (Exh. A), 2010; Ord. 979 § 4, 1995.]

18.52.135 Conditional use permit – Underground parking facility in the multifamily zone district to provide parking for a commercial zone district.

A. In granting a conditional use permit for an underground parking facility on property(ies) in the multifamily zone district to provide parking for the use of property(ies) located in a commercial zone district, the hearing examiner shall impose the following minimum conditions:

1. Parking facilities which provide parking for the use of a property in a commercial zone district shall only be allowed if on an adjacent land parcel which is zoned multifamily and which is contiguous to or separated only by an alley from the commercially zoned property.

2. All parking facilities shall be underground with the following exception:

a. The entryway to the facility may be located aboveground to accommodate slope requirements for the access driveway but shall be minimized to only the extent necessary to provide access to the facility.

3. All components of underground parking facilities shall be set back a minimum of five feet from adjacent properties and shall comply with aboveground yard requirements of the zone district in which they are located with the following exceptions:

a. The entryway to the facility may be located within setback and yard areas but shall be minimized in height and width to only the extent necessary to provide access to the facility; and

b. Those underground components of the garage that abut public rights-of-way shall be exempt from setback requirements.

4. The city may require those protective measures and financial securities it deems necessary for protection when excavating adjacent to or in close proximity to the right-of-way.

5. Aboveground improvements (vents, ducts, piping or emergency egress stairs, and/or other similar items) are not allowed in aboveground setback and yard areas and shall be shielded with landscaping or similar natural barriers.

6. Machinery to serve the underground parking facility shall not be located aboveground unless enclosed by a structure which shall be required to meet all setback and yard standards.

7. Underground parking facilities shall not be subject to aboveground lot coverage restrictions except where parking facility elements are visible or exist aboveground.

8. Aboveground parking facility elements shall not exceed the lot coverage requirements of the zone district in which they are located.

9. A perpetual parking easement or analogous document, as approved by the city, shall be required for the utilization of the property(ies) located in the multifamily zone district by a property or properties in the commercial zone district. The properties may be allowed to have different owners; however, a covenant or declaration shall be recorded to title on both properties which describes all properties and identifies the dominant and subordinate tenant(s) and that the easement is perpetual.

10. No at-grade alley or street crossings by vehicles to access the parking facility and/or components of the parking facility shall be allowed so that circulation within and/or between parking facility components shall have a reduced impact to on-street and/or alley traffic patterns.

11. Applicants shall be required to obtain an easement from the city in order to create a passage under a public right-of-way. The city can choose to approve, approve with conditions, or deny this request.

12. Visual impacts created by the parking facility shall be minimized by:

a. All visible portions of the parking facility shall have a five-foot landscape buffer and shall incorporate some vertical landscape elements at least every 20 feet; and

b. All visible portions of the facility, including, but not limited to, windows, ventilation openings, and ingress/egress points shall be subject to the design standards outlined in the Old World Bavarian design theme, with particular attention to LMC 14.08.040, Design elements.

B. In granting a conditional use permit, the hearing examiner shall evaluate the use for impacts and may impose conditions as he/she determines necessary to mitigate the impacts. At a minimum, the hearing examiner shall evaluate the following in this process:

1. Impacts from size, location, noise, light, pollution, and/or vibration to neighboring properties. For example: If a proposed facility is located next to a property with a pre-existing structure with nonconforming yard requirements, the hearing examiner could require that the garage be set back an additional distance and/or relocated. Another example: If there is the potential for venting of fumes in close proximity to an adjacent structure, the hearing examiner could require the relocation or reorientation of the vent and exhaust system;

2. Impacts to adjacent properties from damages and disturbances during construction. For example: The hearing examiner could require bonding to correct any damages;

3. Impacts to residentially and commercially zoned neighborhoods from altered traffic patterns. For example: To avoid impacts to the residential neighborhood from higher levels of commercial traffic, access to the commercial component of the parking garage could be required to be through the commercially zoned property only and access to the multifamily residential component of the parking facility could be required to be through multifamily zoned property only. In other words, the hearing examiner could require that underground parking facilities be designed such that flow patterns between separate uses are physically and/or functionally separated; and

4. Impacts to alleys from heightened traffic levels. For example: To avoid impacts of higher traffic and potential crossflow of traffic in alleys, the hearing examiner could require that access to the facility be required to be taken from a public street and alley access would not be permitted unless no other viable access point exists. Another example is requiring improvements such as widening, resurfacing, and traffic controls if the alley is allowed to be used. [Ord. 1467 § 1 (Att. A), 2014; Ord. 1421 § 1 (Att. A), 2012; Ord. 1373 § 1 (Exh. A), 2010.]

18.52.140 Conditional use permit – Coffee roasting.

In granting a conditional use permit for coffee roasting, the hearing examiner shall impose the following minimum conditions:

A. The coffee roasting operation shall be in combination with a restaurant, drive-in restaurant or retail food store;

B. An effective afterburner shall be used;

C. An inspection report shall be obtained from Chelan County fire district No. 3 stating that fire code inspection is complete and satisfactory, and shall be given to the department of community development for the file;

D. The building size shall be no larger than 3,500 square feet;

E. No more than 20 percent of the floor area of the building shall be used for coffee roasting, assembling and packing. The 20 percent shall include fire code setbacks;

F. Only one production roaster shall be allowed. [Ord. 1467 § 1 (Att. A), 2014; Ord. 1421 § 1 (Att. A), 2012.]

18.52.150 Conditional use permit – Pet care centers.

A. In granting a conditional use permit for a pet care center located in a commercial zone district, the hearing examiner shall impose the following minimum conditions:

1. The receiver of the CUP is required to provide an annual report to the city which confirms continued compliance with any and all requirements of the CUP.

2. In the event of notice of violation and enforcement of violation, the CUP shall be revoked immediately, and the operations shall be immediately ceased and desist.

3. Any and all pet areas shall be climate controlled and sheltered.

4. Waste disposal shall be approved by the city of Leavenworth.

5. Health and disease control inspections shall be conducted by the Chelan County Humane Society at the permittee’s expense. A kennel license must be obtained.

6. The facilities shall be constructed to include sound reduction and barrier improvements to reduce or remove exterior noise.

7. A 24-hour attendant is required.

8. A minimum of 50 square feet for every five animals of secure private walk and play area (use of public parks for operations is prohibited) shall be required for each pet. A minimum of 50 square feet of secure private walk and play area shall be required.

9. A minimum of six-foot-by-four-foot kennel area is required for each pet.

B. In granting a conditional use permit, the hearing examiner shall evaluate the use for impacts and may impose conditions as he/she determines necessary to mitigate the impacts. At a minimum, the hearing examiner shall evaluate the following in this process:

1. Impacts from size, location, odor, and/or noise to neighboring properties. [Ord. 1467 § 1 (Att. A), 2014; Ord. 1421 § 1 (Att. A), 2012.]