Chapter 17.52
CONDITIONAL USES
Sections:
17.52.020 General requirements.
17.52.040 Essential public facilities.
17.52.070 Public and private schools.
17.52.080 Public service facilities.
17.52.090 Adult businesses and entertainment facilities.
17.52.010 General provisions.
A. Conditional uses shall be permitted only upon the approval of the hearing authority after a duly publicized public hearing and the entering of a finding that the conditional uses will not be unduly detrimental to the purposes of the comprehensive plan or to adjacent and surrounding properties.
B. Permits for conditional uses shall set forth in writing any restrictions or conditions which may include but not be limited to, provisions for setbacks greater than the minimum requirements of the applicable zoning district, suitable landscaping, off-street parking, and any other reasonable restrictions, conditions, or safeguards that would uphold the spirit and intent of the zoning code and mitigate any undue adverse effect upon the neighborhood properties or town as a whole.
C. Any authorized conditional use shall pertain only to the specific use and specific property considered by the hearing authority. In the event of any change in use not described fully in the permit, an appropriate amendment to the original permit must be made by the hearing authority prior to being authorized.
D. The officer charged with the responsibility of administering and enforcing the zoning code shall have the right and duty to investigate any complaint concerning conditional use permits. Upon finding that the use of said premise is contrary to the provisions of this chapter establishing conditions for such uses or that the conditions imposed by the hearing authority are not being observed, shall forthwith issue a cease and desist order prohibiting those unauthorized activities as a public nuisance. Any cease and desist order issued as above provided shall be appealable in writing to the hearing authority for a period of twenty days after issuance of the order.
(Ord. 453 § 1(part), 2007).
17.52.020 General requirements.
Any conditional use shall meet the dimensional requirements of the zone in which it is located as well as the applicable requirements found in Sections 17.52.030 through 17.52.080. Additionally, all 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 sub-area 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, stormwater 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 codes and regulations of the town of Mattawa.
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 this title 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 town of Mattawa, except as modified by the approval of the conditional use permit and the standards of this chapter or as otherwise specified in the town’s regulations.
K. The hearing authority may, in addition to the standards and regulations specified in this title, establish other conditions found necessary to protect the health, welfare, safety and interest of surrounding properties, the neighborhood and the town 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 town attorney;
9. Specifying time frames for compliance review; and
10. Other conditions deemed appropriate to address the requirements and intent of this chapter, other town regulations and the comprehensive plan.
(Ord. 453 § 1(part), 2007).
17.52.030 Churches.
Minimum conditions or required findings:
A. Minimum lot area: ten thousand square feet;
B. Minimum lot frontage on a public street: eighty feet;
C. Maximum lot coverage: same as required in the zoning district in which the church is proposed to be located;
D. Minimum setback distances:
1. Front yard: same as required in the district in which the church is proposed to be located except, in residential districts, the front yard setback shall be that required in the district plus one-half foot for each foot that the building height exceeds twenty feet, and
2. Rear yard: same as required in the district in which the church is proposed to be located, and
3. Side yard: same as required in the district in which the church is proposed to be located except in residential districts, the side yard setback shall be fifteen feet plus one-half foot for each foot that the building height exceeds twenty feet;
E. Sign requirements in residential zones:
1. Applicable districts: R-1, R-2,
2. Signs located in required setback areas shall observe the maximum height limitations that apply to fences in the district that the church is proposed to be located.
(Ord. 453 § 1(part), 2007).
17.52.040 Essential public facilities.
Minimum Conditions. Specific siting criteria and performance standards will be generated on a case-by-case basis by the county-wide advisory project analysis committee and site evaluation committee. Due to the extraordinary diversity of those types of facilities, this process has been designed to comply with the requirements of R.C.W. 36.70A.200 and follow the process found in Policy 3 of the Grant County county-wide planning policies.
(Ord. 453 § 1(part), 2007).
17.52.070 Public and private schools.
Minimum conditions:
A. That a fifty-foot setback be observed on front, side, and rear yards;
B. That a bus loading area be provided outside of the public street rights-of-way;
C. 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. 453 § 1(part), 2007).
17.52.080 Public service facilities.
Minimum conditions:
A. In residential districts, any proposed buildings shall be designed to harmonize with the residential structures of the neighborhood.
B. All setback requirements of the district shall be observed.
C. 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.
D. Proposed enclosures that exceed a height of six feet shall observe the minimum setback requirements that apply to primary structures in the district.
(Ord. 453 § 1(part), 2007).
17.52.090 Adult businesses and entertainment facilities.
Adult businesses including adult retail use and entertainment establishments create adverse secondary effects including health, safety, economic and aesthetic impacts upon neighboring properties and the community as a whole. These standards are intended to address the anticipated effect on the community with respect to the location of these facilities and reduce some of the unwanted effects experienced by the community surrounding the adult retail use and entertainment establishments. Adult business establishments, due to their very nature, have serious objectionable operational characteristics, particularly when located in close proximity to residential neighborhoods, day care centers, religious facilities, public parks, and schools, thereby having a deleterious impact upon the quality of life in the surrounding areas.
An adult retail use establishment or adult entertainment establishment must be located on property of sufficient size and frontage to contain the establishment together with off-street parking, driveways, building setbacks and landscaping as required by this chapter and, further, the location must meet the following requirements:
A. An adult retail use establishment or an adult entertainment establishment may not be located or maintained within one thousand feet, measured from the nearest property line of the adult retail business establishment or of the adult entertainment establishment to the nearest property line of any of the following pre-existing uses located inside or outside of the town of Mattawa:
1. Public library;
2. Public playgrounds or parks;
3. Recreation facilities;
4. Public or private school and its grounds, from kindergarten to twelfth grade;
5. Nursery school, mini-day care center or day care center;
6. Church, convent, monastery, synagogue, or other place of religious worship;
7. Another adult retail use establishment or an adult entertainment establishment, subject to the provisions of this section.
B. Hours of Operation. An adult retail business use establishment or an adult entertainment establishment may not be operated or otherwise open to the public between the hours of twelve midnight and ten a.m.
C. Age of Customers. An adult retail business use establishment or an adult entertainment establishment shall prohibit patrons under the age of twenty-one. A sign must be posted at each public entrance of the establishment clearly stating the age limitation.
(Ord. 453 § 1(part), 2007).