Chapter 21.43
CONDITIONAL USES
Sections:
21.43.020 Level 2 home business.
21.43.030 Fuel service stations.
21.43.040 Motor vehicle/vessel sales, rental, service, and repair.
21.43.050 Public administration/safety facilities.
21.43.060 Educational facilities.
21.43.080 Arts and cultural establishments and conference centers in the R-8 zone.
21.43.010 General provisions.
(1) This chapter establishes special development standards that apply to specific uses that are designated as conditional uses.
(2) The special development standards prescribed by this chapter shall be applied in conjunction with other development regulations applicable to the property.
(3) Where this chapter imposes a requirement that differs from the same development standard found elsewhere in this title, the requirement set forth in this chapter shall prevail. (Ord. 737 § 2 (Att. A), 2022)
21.43.020 Level 2 home business.
(1) This section applies to uses meeting the definition of “home business level 2” as defined in WMC 21.11B.090. A home business level 2 requires the obtaining of a home business permit pursuant to WMC 21.82.060 and an administrative conditional use permit pursuant to WMC 21.83.010.
(2) Dwelling units that are combined as an approved work-living unit are not subject to this section.
(3) The following conditions must be satisfied and maintained for approval of a home business level 2:
(a) The home business must be an accessory use of a single-family, duplex, townhome, multifamily, or accessory dwelling unit;
(b) The home business must be the principal residence of the person(s) conducting the home business;
(c) The lot area upon which the home business is located must be one acre in size or larger;
(d) The total floor/land area devoted to home businesses on the site cannot exceed 50 percent of the total gross floor area of the dwelling unit, excluding the floor area of attached garages, porches, and attached covered patios;
(e) Detached buildings including garages and sheds may be used for storage for the home business without counting towards the maximum floor area set forth in subsection (3)(d) of this section;
(f) Up to two people living off site may be employed and working on site of the home business in addition to people living on site;
(g) Additional on-site parking stalls are provided in addition to the parking required for the dwelling as follows:
(i) One parking stall for each nonresident employed and working on site of the home business; and
(ii) A minimum of one parking stall for customer parking plus one additional parking stall per 1,000 square feet of floor area inside the dwelling dedicated to the home business, and one additional parking stall per 2,000 square feet of work or storage area outside of the dwelling;
(h) Sales shall be limited to items produced on site, except for items collected, traded, and occasionally sold by hobbyists such as coins, stamps, and antiques;
(i) A 10-foot-wide Type 1 landscaped strip in accordance with WMC 21.36.060 shall be provided around parking and outside storage areas visible from adjoining properties or from a public street right-of-way.
(4) The following activities are prohibited of a home business:
(a) Outdoor repair of any motorized vehicle or heavy equipment;
(b) Outdoor autobody work; and
(c) All autobody painting.
(5) Pursuant to WMC 21.82.060(5) and 21.83.010(5), the Director may apply such conditions of approval as necessary including but not limited to:
(a) Limiting the type and size of equipment used by the home business;
(b) Providing increased setbacks and/or screening as needed to protect adjoining residential properties;
(c) Specifying hours of operation;
(d) Determining acceptable levels of outdoor lighting; and
(e) Requiring sound testing to verify compliance with Chapter 8.08 WMC, Noise Regulation.
(6) No vehicle, equipment or material shall be parked or stored within any required setback areas of the lot or on adjoining and adjacent streets. (Ord. 737 § 2 (Att. A), 2022)
21.43.030 Fuel service stations.
(1) Within the Central Business District zone, fuel service stations are prohibited in the Pedestrian Core and the Civic/Gateway Design Districts.
(2) Within the Central Business District and General Business zones, the following design standards shall apply to fuel service stations in addition to other design standards required by law:
(a) Buildings, walls, fences, pump islands, and covered areas shall be architecturally integrated using similar materials, colors, and detailing;
(b) Buildings should be located abutting the street; however, if pump islands are placed nearest to the street, a vertical trellis or screen having a minimum height of 30 inches with climbing vines or other approved screening materials shall be installed between the pump island and the street;
(c) Auto service bays, car wash openings, vacuum stations, loading areas, garbage and recycling facilities, and stacking lanes shall be located so as to not be facing adjoining properties with residential zones, residential development, or schools;
(d) Noise-generating facilities including but not limited to car washes and repair bays shall provide solid sound attenuation measures such as fences, walls, and berms with complementary landscaping to buffer adjoining properties from noise generators;
(e) Utility boxes, garbage and recycling facilities, loading docks and ramps, and ground-placed mechanical equipment shall be enclosed within buildings or screened from adjoining properties and streets with sight-obscuring measures such as walls and landscaping;
(f) The canopy over pump islands shall be integrated with buildings on site, and multiple canopies or canopies that express differing architectural masses are encouraged;
(g) Lighted bands, tubes or applied bands of corporate colors are prohibited;
(h) The use of translucent materials and internally lighted cabinets is prohibited as finishes or as applied treatments at the pump island or on the pump island canopy cover;
(i) Where a car wash is proposed that is visible to public areas, glass windows shall be provided for those portions of the car wash facing towards public areas;
(j) The landscaping requirements set forth in Chapter 21.36 WMC as applied to fuel service stations are modified to include the following:
(i) In-ground plantings should comprise the majority of landscaping, except raised planters are acceptable when designed to accentuate architecture features or outdoor seating areas;
(ii) A minimum 10-foot-wide Type 3 landscaping in accordance with WMC 21.36.060 adjoining street frontages;
(iii) A minimum 10-foot-wide Type 3 landscaping in accordance with WMC 21.36.060 adjoining interior property lines unless adjoining a residential zoned property where a minimum 20-foot-wide Type 3 landscaping in accordance with WMC 21.36.060 is required; and
(iv) A minimum 15 percent of the site, which may include the landscaping in subsections (2)(j)(ii) and (iii) of this section but shall exclude wetland and wildlife habitat areas including their buffers. (Ord. 737 § 2 (Att. A), 2022)
21.43.040 Motor vehicle/vessel sales, rental, service, and repair.
(1) Within the Central Business District zone, motor vehicle/vessel sales, rental, service, and repair uses are prohibited within the Pedestrian Core Design District.
(2) Within the Central Business District and the General Business zones, the repair and service of motor vehicles and vessels shall be inside enclosed buildings only. (Ord. 737 § 2 (Att. A), 2022)
21.43.050 Public administration/safety facilities.
Where public administration/safety facilities are allowed as a conditional use pursuant to the use tables in Chapter 21.21 WMC, only civic centers, fire safety facilities, and police facilities may be authorized. (Ord. 737 § 2 (Att. A), 2022)
21.43.060 Educational facilities.
Within the Central Business District and General Business zones, the conditions set forth in WMC 21.42.170 shall apply to level 2 and 3 educational facilities. (Ord. 737 § 2 (Att. A), 2022)
21.43.070 Golf facilities.
Where golf facilities are allowed as a conditional use pursuant to the use tables in Chapter 21.21 WMC, the conditions set forth in WMC 21.42.060 shall apply. (Ord. 737 § 2 (Att. A), 2022)
21.43.080 Arts and cultural establishments and conference centers in the R-8 zone.
Where arts and cultural establishments and conference centers are allowed as a conditional use in the R-8 zone pursuant to the use tables in Chapter 21.21 WMC, the arts and cultural establishment and/or conference center must be an accessory use to a building or site registered as a historical landmark pursuant to Chapter 21.47 WMC. (Ord. 737 § 2 (Att. A), 2022)