Chapter 20.44
CU CONDITIONAL USES

Sections:

20.44.010    General procedures.

20.44.020    Application.

20.44.030    Requirements for environmental information.

20.44.040    Public hearings.

20.44.050    Notice of hearing.

20.44.060    Purpose of a conditional use permit.

20.44.070    Hearings examiner’s findings.

20.44.080    Standards for granting a conditional use permit.

20.44.090    Expiration.

20.44.100    Renewal of permits.

20.44.110    Revocation of permits.

20.44.120    Performance bond.

20.44.130    Appeal.

20.44.140    Resubmittal of application.

20.44.150    Fee.

20.44.160    Uses requiring a conditional use permit.

20.44.170    Churches.

20.44.180    Home occupations.

20.44.185    Bed and breakfast inns.

20.44.190    Public utility structures.

20.44.200    Day care and preschool facilities.

20.44.205    Family day care facilities.

20.44.210    Academic schools.

20.44.220    Automobile service stations.

20.44.230    Public buildings.

20.44.240    Care facilities.

20.44.250    Cemeteries.

20.44.260    Duplexes and triplexes.

20.44.270    Commercial parking lots and structures.

20.44.280    Motels and hotels.

20.44.290    Neighborhood commercial district.

20.44.300    Recreational vehicle parks.

20.44.310    Off-site hazardous waste treatment and storage facilities and off-site handling, storage or processing of hazardous substances.

20.44.320    Monopole I, monopole II and lattice tower telecommunications facilities.

20.44.330    Maximum ground floor area in the LI-C zone.

20.44.010 General procedures.

In harmony with the general purpose and intent of this title and in accordance with the provisions set forth in this chapter, the hearings examiner may hold hearings and recommend that the city council grant a conditional use permit. The city council, upon receipt of the hearings examiner’s recommendations, shall consider an application for a conditional use permit. (Ord. 1921-0518 (part), 2018; Ord. 1695-0307 § 1 (part), 2007: Ord. 1462-1296 § 2 (part), 1996)

20.44.020 Application.

The hearings examiner may require that any conditional use permit application be submitted on a special form available at the City Hall. Accompanying such applications shall be site plans as required by Section 20.32.140(B). (Ord. 1695-0307 § 1 (part), 2007: Ord. 1462-1296 § 2 (part), 1996)

20.44.030 Requirements for environmental information.

Environmental information shall be submitted in accordance with the State Environmental Policy Act of 1971, as amended, and Title 21 of this code. Information shall be submitted in a form approved by the hearings examiner. The evaluation and declaration of environmental significance shall be in accordance with Title 21 of this code. (Ord. 1695-0307 § 1 (part), 2007: Ord. 1462-1296 § 2 (part), 1996)

20.44.040 Public hearings.

Public hearings on applications for a conditional use permit shall be held by the hearings examiner as per all conditions and procedures set forth in Chapter 2.36. Decisions of the hearings examiner shall be final as per Section 2.36.110 unless appealed to the city council. The city council shall consider appeals per Sections 2.36.200 through 2.36.220. (Ord. 1921-0518 (part), 2018; Ord. 1695-0307 § 1 (part), 2007: Ord. 1534-0600 § 6(Exh. 5), 2000: Ord. 1462-1296 § 2 (part), 1996)

20.44.050 Notice of hearing.

Notice of hearing shall be required as in Section 20.02.120. (Ord. 1695-0307 § 1 (part), 2007: Ord. 1462-1296 § 2 (part), 1996)

20.44.060 Purpose of a conditional use permit.

The purpose of a conditional use permit shall be:

A.    To ensure, by means of imposing special conditions and requirements on development, that the compatibility of uses and the purpose of this title shall be maintained, considering other existing and potential uses within the general area of the proposed use.

B.    The conditions imposed shall be those which will reasonably ensure that nuisance or hazard to life or property will not develop. The hearings examiner may not use a conditional use permit to reduce the zoning requirements of the zone in which the use is to locate. Such reduction of requirements shall be accomplished through a rezone application or variance, whichever is applicable. (Ord. 1695-0307 § 1 (part), 2007: Ord. 1462-1296 § 2 (part), 1996)

20.44.070 Hearings examiner’s findings.

It shall be a further requirement that the decision or determination of the hearings examiner shall set forth each required finding in each specific grant of a conditional use permit, and, in each denial thereof, which of the required findings have not been satisfied. In any case, each finding shall be supported by substantial evidence or other data considered in reaching his decision, including the personal knowledge of or inspection by the hearings examiner. (Ord. 1695-0307 § 1 (part), 2007: Ord. 1462-1296 § 2 (part), 1996)

20.44.080 Standards for granting a conditional use permit.

The hearings examiner and city council shall be guided by the following standards and provisions in granting a conditional use permit:

A.    The use or modification requested by the conditional use permit shall be within the intent of this title, and in the public interest.

B.    The use or modification requested by the conditional use permit for the operation of a permitted business in a residential zone will not do damage to adjacent residential property by decreasing property values, creating excessive noises, or creating other nuisances; the applicant for a conditional use permit in any residential zone, for any business use, shall also provide the hearings examiner with an economic study to show the soundness of his or her business venture. The hearings examiner and city council shall evaluate this study as consideration for approval or denial.

C.    The use or modification requested by the conditional use permit for the continuation or enlargement of a nonconforming use shall be made on the basis of landscaping, building renovation, and other site improvements, if the improvements are to be made over a period greater than two years, the time of improvements shall be indicated. (Ord. 1921-0518 (part), 2018; Ord. 1695-0307 § 1 (part), 2007: Ord. 1462-1296 § 2 (part), 1996)

20.44.090 Expiration.

Whenever a conditional use permit has been granted, it shall be revoked unless a building permit conforming to plans for which the conditional use permit was granted is obtained within six months. Substantial construction shall be completed within one year from the date the conditional use permit becomes effective unless a renewal is granted or unless the grant of the conditional use permit specifically provides for a period greater than one year. (Ord. 1695-0307 § 1 (part), 2007: Ord. 1462-1296 § 2 (part), 1996)

20.44.100 Renewal of permits.

An approved application for a conditional use permit may be renewed by the hearings examiner for one year. No more than one renewal may be issued for any conditional use permit. (Ord. 1695-0307 § 1 (part), 2007: Ord. 1462-1296 § 2 (part), 1996)

20.44.110 Revocation of permits.

A.    The city council, after a recommendation from the hearings examiner, may revoke or modify any conditional use permit. Such revocation or modifications shall be made on any one or more of the following grounds:

1.    That the approval was obtained by fraud;

2.    That the use for which such approval was granted has been abandoned;

3.    That the use for which such approval was granted has at any time ceased for one year or more;

4.    That the permit granted is being exercised contrary to the terms or conditions of such approval or in violation of any statute, resolution, code, law or regulations; or

5.    That the use for which the approval was granted was so exercised as to be detrimental to the public health or safety.

B.    Individuals who are aggrieved may petition the city council to initiate revocation proceedings.

C.    Before a conditional use permit may be revoked or modified, a public hearing shall be made. Procedures concerning notice, reporting and appeals shall be the same as required by this title for the initial consideration of a conditional use permit application. (Ord. 1921-0518 (part), 2018; Ord. 1695-0307 § 1 (part), 2007: Ord. 1462-1296 § 2 (part), 1996)

20.44.120 Performance bond.

As a condition for granting a conditional use permit pursuant to the applicable provisions in this chapter, the applicant may be required to post a performance bond in an amount sufficient to ensure completion of the project. (Ord. 1695-0307 § 1 (part), 2007: Ord. 1462-1296 § 2 (part), 1996)

20.44.130 Appeal.

The appeal procedure shall follow the same procedure as detailed in Chapter 20.50 of this title. (Ord. 1695-0307 § 1 (part), 2007: Ord. 1462-1296 § 2 (part), 1996)

20.44.140 Resubmittal of application.

An application which has been disapproved by the city council cannot be resubmitted to the hearings examiner within six months of the date of disapproval. (Ord. 1921-0518 (part), 2018; Ord. 1695-0307 § 1 (part), 2007: Ord. 1462-1296 § 2 (part), 1996)

20.44.150 Fee.

The fee for a conditional use permit application shall be as required by the director of planning and paid upon submission of the application form to the director of planning. This fee shall not waive the cost of other applications required in conjunction with the application and in no case shall the fee be refunded. (Ord. 1695-0307 § 1 (part), 2007: Ord. 1462-1296 § 2 (part), 1996)

20.44.160 Uses requiring a conditional use permit.

A conditional use permit application shall be required for all uses listed under the various zoning categories in this title. In addition to being required to meet the general requirements established in each district, uses listed in this chapter are required to meet the additional requirements established herein. (Ord. 1695-0307 § 1 (part), 2007: Ord. 1462-1296 § 2 (part), 1996)

20.44.170 Churches.

Conditions applicable to all churches hereafter erected, established, or relocated:

A.    Before a church may be located in an NR use district, one of the following qualifications as to location shall be met:

1.    Within three hundred feet of an arterial street or highway; or

2.    Within three hundred feet of a school and/or a park; or

3.    The church shall have been the legal owner of the proposed site prior to the passage of the ordinance codified in this chapter.

B.    Plans showing the site layout and the design of the buildings shall be submitted for approval to the hearings examiner and city council. These plans shall demonstrate that the proposed development will be compatible with the appearance and character of the surrounding neighborhood and that such development will not be unduly detrimental to surrounding property.

C.    The minimum area for a building site shall be twenty thousand square feet.

D.    Any new church building shall conform with the yard requirements of the use district in which it is to be located and any additions to an existing structure shall not encroach upon any required yard.

E.    The height limitations of the pertinent use district need not be observed; however, if the height limitation of such use district is exceeded, then each side yard shall be equal in width to at least fifty percent of the height of the building, spires and towers excluded.

F.    Any dwelling located in conjunction with a church shall comply with the provisions governing residential uses of the use district in which it is located.

G.    No existing building or structure shall be converted to church use unless such building or structure complies or is brought into compliance with the provisions of this chapter and any other applicable city ordinance.

H.    There shall be no parking allowed in the front yard of any church that is located in an NR use district.

I.    There shall be suitable sight-obscuring screening on any border of a parking lot adjunct to a church that is located across the street from, or that abuts upon, a residential use.

J.    Church-sponsored uses such as educational uses, auditoriums used for social and sports activities, health centers, convents, church-supported and managed housing, preschool facilities, convalescent homes and others of a similar nature shall be subject to the setbacks, lot coverage requirements, and applicable design standards for the use for the land use district in which they are located. (Ord. 1921-0518 (part), 2018; Ord. 1695-0307 § 1 (part), 2007: Ord. 1462-1296 § 2 (part), 1996)

20.44.180 Home occupations.

A home occupation may be approved by conditional use permit if the hearings examiner decides that mitigation alleviates the impact(s) created when one or more of the following conditions have not been complied with:

A.    The occupation may include such uses as personal, business or professional services, offices and repair shops for household items; however, veterinarian offices and clinics are prohibited, and further, mechanical equipment used in a home occupation shall not be of the nature that is objectionable due to noise, dust, smoke, vibration, odor, or electronic interference.

B.    If the occupation is the type in which classes are held or instruction given, there shall be not more than two students allowed in any one class or instruction period.

C.    The occupation shall be carried on entirely within a residence by the occupant thereof. There shall be no structural alteration nor any exterior modification of the residence in order to accommodate the occupation. Entrance to the space devoted to the occupation shall be from within the residence unless otherwise required by law.

D.    The occupation shall be conducted in such a manner as to give no outward appearance nor manifest any characteristics of a business, in the ordinary meaning of the term, that would infringe upon the right of the neighboring residents to enjoy a peaceful occupancy of their homes.

E.    The area, inclusive of storage space, that is to be devoted to the home occupation shall not be more than twenty-five percent of the main floor of the main building and under no circumstances shall the area be more than three hundred square feet. No home occupation shall be located anywhere but in the main building.

F.    No more than one resident or employee, in addition to the owner or operator, may engage in the occupation on the premises.

G.    A flat, unlighted sign flush against the building is allowed. Such sign shall not exceed two square feet in area nor shall any side exceed two linear feet. This sign shall state only the name of the occupant and/or the type of occupation.

H.    No stock in trade shall be sold or displayed on the premises.

I.    If the occupation requires any clients or customers to visit the premises at any time, at least two off-street parking spaces shall be provided in addition to the owner’s or operator’s parking space.

J.    Material or commodities delivered to or from the residence which are of such bulk or quantity as to require regular or frequent delivery by a commercial motor vehicle or trailer, or the parking of customer or client automobiles in such a manner or frequency as to cause a disturbance or create a traffic hazard shall be prima facie evidence that the occupation has become a primary business and is no longer a home occupation.

K.    Once a conditional use permit has been obtained by the owner or operator of a home occupation, such permit is not transferable to another person nor can it apply to any address other than that stated on the permit. (Ord. 1695-0307 § 1 (part), 2007: Ord. 1462-1296 § 2 (part), 1996)

20.44.185 Bed and breakfast inns.

Bed and breakfast inns shall be located subject to the following conditions:

A.    A use such as this shall not be established on a building site of less than seven thousand square feet.

B.    Food service must be offered exclusively to people registered to use the inn for lodging.

C.    A bed and breakfast inn shall provide two off-street parking spaces for the owner’s use plus one parking space for each guest room. Parking facilities shall be located in accordance with Chapter 20.40, Parking Requirements.

D.    The proposed use must be served by adequate essential public facilities, such as streets, police and fire protection, refuse disposal, water and sewer.

E.    Sign regulations for residential zones shall apply to bed and breakfast inns located in residential zones.

F.    A telephone shall be available for occupant use. Emergency numbers and the address shall be clearly posted.

G.    The proposal shall not cause detrimental effects to adjacent residential property by decreasing property values, creating excessive noises, or creating other nuisances. (Ord. 1695-0307 § 1 (part), 2007: Ord. 1462-1296 § 2 (part), 1996)

20.44.190 Public utility structures.

Uses such as telephone exchanges, gas and water regulation stations, microwave and line-of-sight transmission stations, electrical substations, sewer pumping stations and other essential facilities of this nature may be allowed by conditional use permit subject to the following conditions:

A.    The need for the particular public utility facility in the proposed location must be clearly demonstrated by the applicant to the satisfaction of the hearings examiner.

B.    All buildings and structures shall conform to yard and height provisions of the use district in which they are to be located.

C.    Complete plans showing the elevations and locations of the buildings and structures, together with locations of buildings on adjoining properties, shall be submitted for approval of the hearings examiner. Approval shall be based upon appearance and compatibility with the development of the surrounding properties.

D.    There shall be no rotary converters, generating machinery or other equipment that would cause noise, electrical interference or similar disturbances.

E.    There shall be no garaging or storage of motor vehicles nor shall there be any storage of materials outside the buildings.

F.    The area devoted to the utility facility shall be screened; however, if the facility is entirely enclosed within a building, landscaping may suffice. (Ord. 1695-0307 § 1 (part), 2007: Ord. 1462-1296 § 2 (part), 1996)

20.44.200 Day care and preschool facilities.

“Day care and preschool facilities” are kindergarten, nursery schools, or day care centers, either public or private, which are used for more than four hours per week for the purpose of instruction, education, or recreation of more than twelve children.

A.    A use such as this shall not be established on a building site of less than twelve thousand square feet.

B.    Any childcare use must comply with all applicable state and federal regulations.

C.    Any portion of the premises that abuts upon a residential use shall be screened in such a manner so as to reduce the noise generated by the children. (Ord. 1695-0307 § 1 (part), 2007: Ord. 1462-1296 § 2 (part), 1996)

20.44.205 Family day care facilities.

“Family day care facilities” are a state-licensed day care provider as defined in RCW 74.15.020 who regularly provides day care for not more than twelve children in the provider’s home. (Ord. 1695-0307 § 1 (part), 2007)

20.44.210 Academic schools.

“Academic schools,” either public or private, are those that operate on a daily schedule and that teach the standard curriculum as approved by the State Board of Education. Colleges shall be exempt from the following conditions except when they are to be located in an NR, CR-V, or CR-G use district:

A.    The minimum building site shall be one entire block or sixty thousand square feet, whichever is most appropriate to the proposed location. Elementary schools shall not be located closer than two blocks or five hundred feet from an arterial street.

B.    The density shall not exceed one hundred students per one acre of ground nor shall there be more than one square foot of floor area per two square feet of ground area.

C.    Any portion of the site which abuts upon a residential use shall be screened in such a manner as to reduce the noise generated by students. (Ord. 1695-0307 § 1 (part), 2007: Ord. 1462-1296 § 2 (part), 1996)

20.44.220 Automobile service stations.

Automobile service stations located in the DT, CR-G, and CR-V zones shall be subject to the following conditions:

A.    Minimum lot width of not less than two hundred and fifty feet shall be provided along each street on which the lot abuts.

B.    Uses shall be located within two hundred seventy feet of a CI or I zone.

C.    Access to roads shall be at least seventy feet from the intersection of any streets.

D.    All activities except those to be performed at the fuel pumps shall be performed within a completely enclosed building.

E.    Fuel pumps shall be at least twenty-five feet from any ultimate street right-of-way.

F.    All automobile parts and similar articles shall be stored within a building.

G.    All refuse shall be stored within a building or enclosed area.

H.    Paint spraying or body and fender work shall not be permitted.

I.    Lubrication, oil changes, tire changes, and minor repairs are permitted if entirely within a building. Vehicles shall not be stored outdoors while awaiting repairs for more than five calendar days.

J.    Junk vehicles may not be stored in the open at any time. (Ord. 1695-0307 § 1 (part), 2007: Ord. 1462-1296 § 2 (part), 1996)

20.44.230 Public buildings.

“Public buildings” include government offices, public utility offices, public safety buildings, and other such facilities as are necessary to the safety, welfare, and enjoyment of the residents of the city.

A.    When public buildings are to be located in neighborhood residential districts, only those incorporating uses that are necessary or desirable for the enjoyment of the residents of the city should be allowed. The uses should be restricted to public safety, recreational, cultural or educational facilities.

B.    The design of buildings and structures should be compatible with adjacent areas. However, it is recognized that public buildings have the potential to create a “civic space” and thus should contribute some amenity to the neighborhood in the form of improved open space, meeting facilities, public art, or similar improvements.

C.    The location of public buildings shall be adjacent to an arterial street improved to applicable city standards.

D.    The site area, screening, parking, yard requirements, building size, and any other features of site planning shall be determined by the hearings examiner and shall be based on other developments within the neighborhood and with the utilization and functions of the use being established. (Ord. 1695-0307 § 1 (part), 2007: Ord. 1462-1296 § 2 (part), 1996)

20.44.240 Care facilities.

A.    Minimum lot sizes shall be as follows:

NR

1 acre

ME

20,000 sq. ft.

B.    Parking areas must be adequately screened when situated next to land zoned or used for residential use. (Ord. 1695-0307 § 1 (part), 2007: Ord. 1462-1296 § 2 (part), 1996)

20.44.250 Cemeteries.

A.    No building shall be located closer than one hundred feet from any property lot line.

B.    A protective fence and a landscaping strip of evergreen trees and shrubs at least ten feet in width shall be installed on all common boundary lines with NR, MU, CR-V, or CR-G zone property. (Ord. 1695-0307 § 1 (part), 2007: Ord. 1462-1296 § 2 (part), 1996)

20.44.260 Duplexes and triplexes.

A duplex or triplex on parcels in excess of the allowed one per “block” in a neighborhood residential (NR) zone may be allowed as a conditional use if the following conditions are met.

A.    “Block” shall be defined as all lots in a platted area measuring two hundred twenty feet by two hundred forty feet and bounded by four intersecting rights-of-way. Where blocks are larger or are not bounded by rights-of-way, a block shall be considered all lots within and touched by a radius of one hundred twenty feet from the boundaries of the subject property. Existing multifamily structures (four or more units) shall be exempted from these radii.

B.    For the first duplex or triplex built under a conditional use permit:

1.    All requirements of Chapters 20.08 and 20.64 shall be met.

2.    Buildings shall vary from other duplex or triplex units in the same block through two or more of the following methods: different facade treatments, changes in surface materials, changes in roof line or pitch, or modification of floor plans.

3.    The proposed use shall have no materially detrimental effects on neighboring residential properties due to excessive noise, lighting or other interference with the peaceful use and possession of said properties.

4.    The granting of the proposed conditional use permit is consistent and compatible with the goals and policies of the comprehensive plan and any code, ordinance, regulation or standard in effect to implement the plan.

5.    Both the building footprints and building facade shall vary significantly from other duplexes or triplexes in the same block. Reversal of facade treatment, minor changes in surface or color, or mirrored floor plans shall not be considered sufficient to meet this condition.

6.    The proposal shall be compatible with the surrounding residential neighborhood.

7.    The surrounding residential area will not be negatively impacted by the size, arrangement or architectural design of the proposed use. (Ord. 1695-0307 § 1 (part), 2007: Ord. 1556-1101 Exh. 1, 2001; Ord. 1462-1296 § 2 (part), 1996)

20.44.270 Commercial parking lots and structures.

Commercial parking lots and structures may be allowed in the DT and CR-V zones, provided the following conditions are met.

A.    Applicant shall provide the hearings examiner with an economic study which demonstrates the viability of the venture.

B.    All landscaping and screening requirements of Chapters 20.40 and 20.60 shall be met. In addition, commercial parking shall be located away from pedestrian walkways.

C.    Parking structures shall be subject to all design requirements of the zone in which they are constructed. (Ord. 1695-0307 § 1 (part), 2007: Ord. 1462-1296 § 2 (part), 1996)

20.44.280 Motels and hotels.

A.    Uses shall be exempt from floor area limitations; however, they shall provide additional open space at a ratio of one square foot of open space (either landscaped or in a natural state) per two square feet of floor area over the allowed maximum in an MU or CR-V zone.

B.    Structures shall comply with design requirements of Chapter 20.64.

C.    Uses in the MU zone shall be allowed only within three hundred feet of direct access (on- or off-ramp) to a Washington State or United States highway. (Ord. 1695-0307 § 1 (part), 2007: Ord. 1462-1296 § 2 (part), 1996)

20.44.290 Neighborhood commercial district.

Neighborhood commercial districts shall be allowed as a conditional use in all neighborhood residential (NR) zones subject to the following conditions.

A.    Allowed Uses within Neighborhood Commercial Areas.

1.    The following uses are permitted in the neighborhood commercial district, provided the use occupies no more than six thousand square feet of space and meets design requirements of Chapter 20.64:

Bakery

Banks and other financial services

Barber shop

Beauty salon

Book store

Business and professional offices

Candy stores

Community clubs

Convenience stores, no gas pumps

Day care, preschool

Deli

Drug stores

Eating and drinking places (no drive-thrus)

Florist

Food store

Gallery

Gift store

Groceries and related products

Health club, gym

Instruction studio

Laundromat

Neighborhood meeting hall

Parks

Post office

Residential uses above commercial

Tailor

Telecommuting services

Theater, under fifty seats

Travel and other agencies

Variety store

Video rental

2.    Uses similar to uses listed under subsection (A)(1) of this section may be approved by the site plan review committee upon finding the use is consistent with the intent of this chapter and in the best interest of the surrounding neighborhood.

3.    Uses other than those identified or described in subsections (A)(1) or (A)(2) of this section are prohibited.

B.    Community Environmental Performance Standards.

1.    General Character. Developments in this district shall be characterized by small buildings (less than three thousand square feet), low traffic generation, considerable walk-in trade, moderate interior and exterior lighting, quiet operations, and little or no night activity. Operating hours shall be limited to the hours between six a.m. and ten p.m.

2.    Location. Neighborhood commercial districts shall locate as freestanding nodes, but generally not located within less than one-half-mile radius from another neighborhood commercial district or any other commercial district. Exceptions to the radius may be made by the site plan review committee upon finding that NC designation is appropriate based on unusual circumstances (e.g., population density, topography).

3.    Storage. Outdoor storage shall be prohibited.

C.    Site Area. The size and shape of sites shall be as follows:

1.    Minimum lot size for the development of a site in this classification shall be six thousand square feet.

2.    Maximum size for a freestanding node containing one or more of the permitted uses shall be one acre; provided, that the site may be expanded to two acres if an additional three-quarter acres or more is devoted to contiguous public open space (e.g., a small park or town square).

3.    Arrangement of commercial uses around an intersection is required where possible, or shall face each other across a street (strip development along one side of a street is strongly discouraged). Other configurations may be deemed appropriate by the site plan review committee upon finding that the overall design fits the intent of this section.

D.    Building Size. The size of buildings shall be as follows:

1.    Maximum gross floor area of building for single use: six thousand square feet;

2.    Second floor residential uses shall be exempted from floor area calculations;

3.    Maximum building coverage: fifty percent;

4.    Maximum development coverage: seventy percent;

5.    Maximum building height: thirty-five feet;

6.    Building setbacks:

a.    Front: maximum ten feet, twenty feet in the case of a residential conversion, minimum zero feet;

b.    Rear: minimum fifteen feet;

c.    Side: minimum five feet, seven on a flanking street.

E.    Public Right-of-Way—Ingress and Egress.

1.    Land classified in this district should be located on a major collector, preferably with a collector cross street.

2.    Access to a site which is on a corner shall be limited to one driveway on each of the intersecting streets. Access to a site which is an interior lot shall be limited to one driveway unless the site plan review committee approves two driveways, one for entering and one for exiting the site.

F.    Parking.

1.    One parking space for each five hundred square feet of floor space shall be required.

2.    Parking spaces may be used for loading zones in this district; providing, that loading operations shall not obstruct driveways.

3.    Off-street parking spaces are to be so arranged as to make it unnecessary for vehicles to back out into the public right-of-way.

4.    Prior to opening of the business or office, all access to off-street parking spaces, including alleys to be used by business patrons or residents, is to be paved to applicable city standards.

5.    Parking shall be provided to the rear or side of the structure except for on-street parking. No parking shall be permitted between the front of the building and the right-of-way.

6.    Paved on-street parking fronting the property shall be allowed to help satisfy parking requirements, provided the paved road width allows for adequate room pursuant to city standards for on-street parking.

G.    Landscaping. Requirements of Chapter 20.60 shall be satisfied.

H.    Design Review. All requirements of Chapter 20.64 for NC areas shall be satisfied.

I.    Signage. All signs shall comply with the applicable regulations of Chapter 20.38. (Ord. 1713-1207 § 5, 2007: Ord. 1695-0307 § 1 (part), 2007: Ord. 1462-1296 § 2 (part), 1996)

20.44.300 Recreational vehicle parks.

Recreational vehicle (RV) parks shall be located in the NR zone or MU zone, subject to the following conditions:

A.    Location. Uses shall be located within one thousand feet of direct access (on- or off-ramp) to a United States Highway.

B.    Minimum site area: one acre.

C.    Minimum RV space size: one thousand square feet; provided, that tent areas shall have no minimum size per space.

D.    Maximum number of spaces: fifty, provided tent spaces shall not be included in this number.

E.    Setbacks. All RVs, together with additions and accessory structures, as well as all other structures on the site (excluding fences), shall observe the following setback requirements:

1.    A minimum twenty-five-foot setback from the public road right-of-way, and twenty feet along all other property lines;

2.    A minimum of five feet between an individual RV unit and an interior street;

3.    A minimum of five feet between an individual RV unit and a perimeter yard;

4.    A minimum of ten feet between RV units, and between RV units and unattached structures.

F.    Utility Structures. Structures providing flush toilets and showers for each sex shall be provided, at a number to be determined by the appropriate agency. All disposal systems for these structures and RV sites shall be approved through the appropriate agency.

G.    Sanitary Dump Station. A conveniently located dump station shall be provided. All dump stations shall be designed and developed to the standards of the Mason County Health Department and the Washington State Department of Health. Dump stations shall be screened from surrounding uses, and shall be a minimum of fifty feet from any RV space.

H.    Road Standards. All interior RV park roads shall be private roads, owned and maintained by the park operator. All roads shall be open at all times for access by police and other emergency vehicles, and shall comply with the following standards:

1.    Roads shall be paved to the standards of the public works department;

2.    Minimum width for one-way streets shall be twelve feet; for two-way streets, minimum width shall be twenty-two feet.

I.    One off-street parking space per each RV space shall be provided, and a minimum of four spaces shall be provided for the RV park office. Parking shall be developed and maintained in accordance with Chapter 20.40.

J.    Buffers and screening shall be landscaped as per Section 20.60.130(B).

K.    All RV parks shall include a minimum of ten percent of the gross area within the RV park for open space and recreational use; provided, that at least one area within the park shall contain at least two thousand five hundred square feet. Roads, parking, sites, and setbacks between sites shall not be counted as open space for the purposes of this subsection.

L.    Fires shall not be permitted except where pits or bases are constructed of a noncombustible material.

M.    RV parks must comply with all Shelton Municipal Code standards for stormwater runoff, critical areas, and all other regulations. (Ord. 1695-0307 § 1 (part), 2007: Ord. 1462-1296 § 2 (part), 1996)

20.44.310 Off-site hazardous waste treatment and storage facilities and off-site handling, storage or processing of hazardous substances.

A.    Hazardous waste and hazardous substance treatment and storage facilities must comply with the state’s siting criteria (Chapter 173-303 WAC) and shall be subject to site plan review.

B.    Facilities shall only store, handle, or process hazardous wastes generated within the city, with the exception of used motor oil, pesticides, and household wastes.

C.    The hearings examiner may impose conditions or mitigative measures designed to protect the public health, safety, and welfare as well as to safeguard the environment and avoid conflicts with surrounding land use. Facilities that can be reasonably expected, despite proposed mitigative measures, to pose significant risks for the public health and safety, wildlife or the environment, or reduce the value or utility of surrounding property shall be denied a conditional use permit. (Ord. 1695-0307 § 1 (part), 2007: Ord. 1462-1296 § 2 (part), 1996)

20.44.320 Monopole I, monopole II and lattice tower telecommunications facilities.

In addition to the conditional use permit standards specified in Section 20.44.080, the following specific criteria shall be met before a conditional use permit can be granted for monopole I, monopole II, and lattice pole telecommunications facilities as defined in Chapter 20.66:

A.    Visual Impact.

1.    Antennas may not extend more than fifteen feet above their supporting structure, monopole lattice tower, building or other structure.

2.    Site location and development shall preserve the pre-existing character of the surrounding buildings and land uses and the zone district to the extent consistent with the function of the communications equipment. Wireless communication towers shall be integrated through location and design to blend in with the existing characteristics of the site to the extent practical. Existing on-site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the site to the surrounding area.

3.    Accessory equipment facilities used to house wireless communications equipment should be located within buildings or placed underground when possible. When they cannot be located in buildings, equipment shelters or cabinets shall be screened and landscaped in conformance with Chapter 20.60.

B.    Noise. No equipment shall be operated so as to produce noise in levels above forty-five dB as measured from the nearest property line on which the attached wireless communication facility is located.

C.    Other Application and Conditional Use Criteria—FCC Preemption. In any proceeding regarding the issuance of a conditional use permit under the terms of this chapter, federal law prohibits consideration of environmental effects of radio frequency emissions to the extent that the proposed facilities comply with the Federal Communications Commission regulations concerning such emission. (Ord. 1695-0307 § 1 (part), 2007: Ord. 1483-1197 § 2, 1997)

20.44.330 Maximum ground floor area in the LI-C zone.

Maximum ground floor area in the LI-C zone may be increased to as much as six thousand square feet; provided, that a conditional use permit for such increase is obtained per this chapter. In addition to the conditional use permit standards specified in Section 20.44.080, the following specific criteria shall be met before a conditional use permit for larger area can be issued:

A.    Access to the site shall not be from Adams or Jefferson Street;

B.    The primary orientation of the structure, its main entrance, or other prominent features shall not be oriented toward Adams or Jefferson Street;

C.    Landscape screening, or other means of reducing noise and light impacts on properties across either Adams or Jefferson Street shall be provided;

D.    Site design shall be such that activities producing significant noise and/or light and glare are oriented away from Adams or Jefferson Street. (Ord. 1695-0307 § 1 (part), 2007: Ord. 1520-1099 Attch. E, 1999)