Rock Island City Zoning Code
CHAPTER 17
50 CONDITIONAL USES
§ 17.50.010 Purpose.
Conditional uses are those uses and activities that may be appropriate, desirable, convenient or necessary in the district within which they are allowed, however, due to inherent characteristics of the use, may be injurious to the public health, safety, welfare or interest unless appropriate conditions are established. This chapter describes the criteria for review, authority for action on and minimum conditions applied to certain uses. The requirements of this chapter and the authorization to conduct a conditional use do not supersede, and rely upon, other requirements and standards of this title and other provisions of the RIMC.
(Ord. 99-025 § 2; Ord. 07-093 § 1)
§ 17.50.020 Authorization.
A.
The hearing examiner is authorized to approve, approve with conditions or deny permits for conditional uses as specified in this chapter. Uses designated in this title as conditional shall be permitted, enlarged or altered only upon approval of the hearing examiner in accordance with the standards and procedures specified in this title and other applicable provisions of the RIMC.
B.
The city shall not accept an application for a conditional use permit which was the subject of a previous application which was denied during the previous 12 months, unless there has been substantial modification or reduction in the intensity of the proposal, as determined by the city.
C.
An application for a conditional use permit shall be considered as an action subject to quasi-judicial review as set forth in RIMC Title 14.
(Ord. 99-025 § 2; Ord. 07-093 § 1)
§ 17.50.030 Evaluation criteria.
A.
The proposed use will be harmonious and in accordance with the general and specific objectives of the comprehensive plan.
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 of the area.
C.
The traffic generated by the proposed use shall be mitigated so as not to unduly burden the traffic circulation system in the vicinity.
D.
The proposed use will be serviced adequately by essential public facilities such as highways, streets, law enforcement, fire protection, drainage, refuse disposal, water and sewers, and schools; or the 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.
The proposed use will have vehicular approaches to the property that shall be so designed to meet the standards adopted by the city.
H.
Adequate buffering devices such as fencing, landscaping, or topographic characteristics shall be in place in order to mitigate and protect adjacent properties from adverse affects of the proposed use, including adverse visual or auditory effects.
I.
Conditional use permits shall comply with this title and all local, state, or federal regulations pertinent to the activity pursued.
(Ord. 99-025 § 2; Ord. 07-093 § 1)
§ 17.50.040 Governing standards.
A.
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 RIMC, except as modified by the approval of the conditional use permit and the standards of this chapter or as otherwise specified in this code.
B.
The hearing examiner, in addition to the standards and regulations specified in the RIMC, may establish other conditions found necessary to protect the health, welfare, safety and interest of surrounding property, the neighborhood and the county 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 because of reduction of light and air to adjacent property or obstruction of views;
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 surety;
9.
Specifying time frames for compliance review;
10.
Other conditions deemed appropriate to address the requirements and intent of this chapter, the RIMC and the comprehensive plan.
(Ord. 99-025 § 2; Ord. 07-093 § 1)
§ 17.50.050 Minimum landscaping standards.
All conditional uses shall at a minimum meet the landscaping standards of Chapter 17.44 RIMC.
(Ord. 99-025 § 2; Ord. 07-093 § 1)
§ 17.50.060 Alterations to existing uses.
A change in use, expansion or contraction of site area, or alteration of structures or uses which are classified as conditional and existed prior to the effective date of this title shall conform to the provisions of this chapter.
(Ord. 99-025 § 2; Ord. 07-093 § 1)
§ 17.50.070 Revisions to permits.
A.
Minor revisions to a conditional use approved by the hearing examiner may be approved by the city when the revisions may affect the precise placement or dimensions of buildings but do not change approved uses, affect the basic building character or arrangement, increase the site area, increase the total floor area or required off-street parking spaces by more than five percent, increase the density or intensity of residential or recreational uses or alter specific conditions of approval.
B.
Requests for revisions determined by the city not to be minor in nature shall be reviewed by the hearing examiner as a new request for a conditional use permit.
(Ord. 99-025 § 2; Ord. 07-093 § 1)
§ 17.50.080 Compliance.
The property owner/operator of any conditional use shall comply with the standards of this title and of the conditional use permit at all times. Violations of the terms of the permit and/or requirements of the zoning district not expressly modified by the permit shall be processed as a violation of this title subject to enforcement and penalties as set forth in RIMC Title 14, as now exists or as may be hereafter amended.
(Ord. 99-025 § 2; Ord. 01-062 § 2; Ord. 07-093 § 1)
§ 17.50.090 Home occupation – Type B.
A home occupation – type B shall comply with the following standards:
A.
The use of the property for a home occupation shall be clearly incidental and subordinate to its use for residential purposes.
B.
Home occupations shall occupy not more than 25 percent of the total floor area of all buildings/structure improvements.
C.
Any occupation which may produce waste products of a quality or quantity not normally associated with residential use shall not qualify as a home occupation.
D.
No exterior structural alterations are made to the building which changes its character from a residential dwelling or other structures normally associated within the zoning district.
E.
No merchandise, stock, equipment, or materials shall be sold, displayed, stored, altered or repaired in any exterior portion of the premises which is associated with the home occupation and/or building.
F.
The home occupation shall not generate greater traffic volumes than would normally be expected in the residential neighborhood.
G.
The home occupation shall be conducted in a manner that will not alter the normal residential character of the premises by the use of color, materials, and lighting; or the emission of noise, vibration, dust, glare, heat, smoke, or odors.
H.
A minimum of two off-street parking spaces shall be provided for the occupation in addition to the required spaces for the existing use. Additional parking space may be required depending on the type of business.
I.
The sign indicating such proposed use shall not be more than four square feet in area (576 square inches) with only one sign permitted.
(Ord. 99-025 § 2; Ord. 07-093 § 1)
§ 17.50.100 Day-care center/mini-day-care center.
A day-care center and mini-day-care center shall comply with the following standards:
A.
Landscaping, screen planting or fencing in required yard areas of types, quantities and locations as prescribed by the hearing examiner. Said screen shall be sufficient to provide visual separation from adjacent residences and to ensure child safety.
B.
The gross floor area of the room(s) used shall provide at least 35 square feet per child.
C.
Any likely inconvenience or nuisance generated by the facility such as noise, dust, or lighting shall be considered and adequate measures taken to protect nearby uses.
D.
Any outside play area must be completely enclosed with a minimum four-foot fence and shall comply with the minimum provisions set forth in RIMC § 17.16.030.
E.
An appropriate off-street loading area shall be designated and located on the same lot as the facility for the purposes of providing a safe loading and unloading zone for children using the facility.
1.
Loading areas shall be designed and located so vehicles using these spaces do not project into any public right-of-way.
2.
Loading areas shall be easily accessible.
F.
Current Washington State day-care license.
G.
Current city of Rock Island business license.
(Ord. 99-025 § 2; Ord. 07-093 § 1)
§ 17.50.110 Churches, schools, clinics, hospitals, and municipal buildings.
Churches, schools, clinics, hospitals and municipal buildings shall comply with the following standards:
A.
The minimum lot size shall be 20,000 square feet.
B.
The facility shall be located within one block of a designated collector or arterial street.
C.
Ingress and egress to the facility shall be subject to the approval of the city.
D.
Minimum lot frontage shall be 100 feet.
E.
Signage as set forth in Chapter 17.46 RIMC.
F.
Off-street parking as set forth in Chapter 17.42 RIMC.
(Ord. 99-025 § 2; Ord. 07-093 § 1)
§ 17.50.120 Utilities, communication and transmission facilities.
Utilities, communication and transmission facilities shall comply with the following standards:
A.
If possible, shall be completely enclosed within buildings which conform to and harmonize with surrounding buildings as to type of architecture and landscaping, and that complies with the setback requirements of the district. No outside storage shall be permitted;
B.
If the use is of an outdoor nature, such as a neighborhood electric substation, it shall be screened and landscaped with a combination of fencing, trees, shrubs and ground cover. Landscaping standards set forth in RIMC § 17.50.050 shall be required;
C.
The site shall be maintained in a clean and orderly manner free of weeds; and
D.
The minimum lot size of the district may be waived by the hearing examiner on finding that the waiver will not result in adverse impact from noise, light, glare, drainage or other detrimental effects to adjacent property. The minimum lot size may be reduced to that necessary to accommodate the use and compliance with applicable provisions of the RIMC including, without limitation, minimum required yards/setbacks and area required for landscaping, parking, drainage control, street improvements, etc. The waiver shall not be construed as an exemption from the requirements of RIMC Title 16 and Chapter 58.17 RCW.
(Ord. 99-025 § 2; Ord. 07-093 § 1)
§ 17.50.130 Dependent care housing.
Dependent care housing shall comply with the following standards:
A.
Dependent care housing may be provided as a temporary use to assist in the care of persons in need of special assistance by reason of advanced age, infirmity or disability.
B.
The second residence shall be a manufactured home only, as defined in Chapter 14.98 RIMC.
C.
The property owner shall reside in either the existing dwelling or the second dwelling.
D.
The manufactured home shall meet all applicable building, health and zoning codes, except those relating to density, home size and home width of the district in which it is located. The hearing examiner may also waive or prescribe alternatives to requirements for perimeter masonry foundation during the time the manufactured home is used for dependent care purposes.
E.
Only one dependent care manufactured home shall be permitted on a lot, tract or parcel under ownership by the care provider or recipient.
F.
A written statement by a licensed physician and by the care provider shall be submitted with the application attesting that the recipient of the dependent care is physically or mentally incapable of caring for themselves and/or their property.
G.
Utilities from the dependent care manufactured home shall be connected with those of the permanent residence, unless certified by the appropriate agency that the connection to the primary residence is not feasible.
H.
No rent, fee, payment or charge in lieu thereof may be made between the care provider and the recipient for the use of the primary dwelling or the manufactured home.
I.
The hearing examiner may establish conditions to assure home placement is harmonious with residential use in the district. Such conditions may address, without limitation, the provision of amenities normally befitting a single-family residence including landscaping and required off-street parking.
J.
Annual renewal shall be required and administered by the city of Rock Island without requiring a new hearing. The city council may establish a renewal licensing fee by way of resolution.
K.
When the original need for the manufactured (mobile) home ceases, then the residence shall be removed within 30 days.
L.
Upon approval for dependent care housing and prior to the issuance of a manufactured home placement permit, the applicant shall submit documentation that a notarized statement by the owner of the property has been filed with the city clerk and county auditor acknowledging:
1.
That the placement of the manufactured home is temporary.
2.
That the use of the primary residence and the manufactured home is for the owner and care provider/recipient.
3.
The manufactured home cannot be transferred with the property should it be sold, leased or transferred, unless the property is divided in accordance with this title and other applicable provisions of the RIMC.
4.
The manufactured home shall be removed within 30 days after the need for the dependent care housing ceases.
5.
Other acknowledgments determined by the hearing examiner as appropriate to the specific permit.
6.
The statement shall include the legal description of the property, the assessor's parcel number and the conditional use permit file number.
(Ord. 99-025 § 2; Ord. 07-093 § 1)
§ 17.50.140 Vehicle repair, supply and service shops.
Vehicle, supply and service shops shall comply with the following standards:
A.
All repair of vehicles shall occur inside an enclosed building.
B.
All vehicles and parts shall be stored within a sight-obscuring fence (placed within the required landscaping) a minimum of six feet in height.
C.
All storage is prohibited within any required yard setback.
(Ord. 99-025 § 2; Ord. 07-093 § 1)
§ 17.50.150 Recreational vehicle parks or campgrounds.
Recreational vehicle parks or campgrounds shall comply with the following standards:
A.
The minimum site size for a recreational vehicle park or campground shall be five contiguous, nonsubmerged acres.
B.
Maximum units per acre shall be eight, and each recreational vehicle stall shall have a minimum width of 20 feet.
C.
Alterations to the recreational vehicle that would make the unit less mobile are prohibited including but not limited to removing the wheels, removing the towing apparatus, etc.; recreational vehicle parks containing extended stay sites shall install an approved domestic water and sewage disposal system according to the applicable federal, state, and/or local regulations; each extended stay site shall be required to have full hookups to utilities, including without limitation power, water, and sewer; and each recreational vehicle parked in an extended stay site shall be connected to those utilities at all times.
D.
Traveled roadways on site shall be a paved or gravel dust-free surface with a minimum width of 20 feet, unless otherwise approved by the city.
E.
The recreational vehicle park or campground shall have access from a public road or street. Ingress and egress points shall be located so as not to divert traffic onto residential streets classified as local access by the adopted comprehensive plan.
F.
Entrances and exits to the recreational vehicle park or campground shall be designed for safe and convenient movement of traffic into and out of the park and to minimize marginal friction with free movement of traffic on adjacent streets. All traffic into or out of the site shall be through such entrances and exits.
G.
Accessory uses including management headquarters, recreational facilities, restrooms, dumping stations, showers, laundry facilities, and other uses and structures customarily incidental to operation of a recreational vehicle park or campground are permitted, provided all applicable health and safety regulations are complied with, including without limitation regulations governing potable water, sewage disposal, and fire safety. One caretaker's residence will be allowed for each recreational vehicle park or campground.
H.
A minimum of 20 percent of the gross site area for the recreational vehicle park or campground shall be set aside and developed as common use areas for open space. Up to eight percent may be used for enclosed recreation facilities. Recreational vehicle stalls, private roadways, storage areas, or utility sites shall not be used for meeting this requirement.
I.
Every application for the construction, operation, maintenance, and occupancy for a recreational vehicle park or campground shall be accompanied with plans, specifications, and dimensions, fully setting out the vehicle stalls (spaces), motor vehicle parking spaces, the interior road circulation and design, open space and enclosed spaces for recreational opportunities, landscaping plans, and utility infrastructure.
J.
Sight-obscuring landscaping, berm, or any combination thereof meeting the standards set forth in Chapter 17.26 RIMC, as the same exists now or may hereafter be adopted or amended, shall be required to assure compatibility with adjacent uses. All landscaping, recreational and open space areas shall be maintained free of weeds and trash, and any diseased, damaged, unhealthy, or dead plants shall be replaced in accordance with the approved landscape plan.
K.
Recreational vehicle parks and campgrounds shall be kept in a neat, orderly fashion, and shall be subject to all other provisions of the RIMC, including without limitation public nuisance, storage, and abandoned vehicle regulations.
(Ord. 99-025 § 2; Ord. 01-062 § 2; Ord. 06-085 § 1; Ord. 06-086 § 1; Ord. 07-093 § 1; Ord. 14-134 § 1 (Exh. A))
§ 17.50.160 Essential public facilities.
Essential public facilities (EPFs) shall comply with the following review criteria and requirements:
A.
Conformance with the comprehensive plan:
1.
Facility siting and design shall be based on supporting the needs of the 20-year projected population;
2.
Facility siting and design shall be in accord with state and federal siting standards;
3.
A fiscal analysis of the long-term and short-term public costs shall be submitted by an EPF applicant and shall include a strategy to mitigate identified disproportionate financial burdens on the city of Rock Island that may result from facility siting;
4.
Compatibility of the facility with surrounding land use, existing zoning classification, and the present and projected population density of surrounding areas;
5.
An analysis of the likelihood of associated development being induced or precluded by the siting of an essential public facility shall be submitted by an EPF applicant and shall include an analysis of the urban nature of the facility, the existing urban growth near the facility site, the compatibility of the facility with continued urban growth and the location of the facility in relation to any nearby urban growth areas;
6.
Essential public facilities shall not be located on designated resource lands or critical areas, open spaces and historic, archaeological and/or cultural sites unless it can be demonstrated that facility design and operation will not be incompatible with these designated areas;
7.
Facility design and operation for specific facilities shall include mitigation measures necessary to alleviate identified adverse environmental impacts;
8.
EPFs shall not adversely impact existing public facilities and services;
9.
EPFs that are appropriate for location outside of urban growth areas due to exceptional bulk or potentially dangerous or objectionable characteristics shall be self-contained or served by governmental services in a manner that will not promote sprawl through further service extension or connection;
10.
Public hearings for permits required by the county, federal or state laws shall be combined with any public hearings required by the city whenever feasible; and
11.
Effective and timely notice and an opportunity to comment on a proposed EPF shall be provided to citizens in accord with notice requirements of this title, to affected agencies and to municipalities when an EPF is proposed to locate within five miles of the urban growth boundary within which the municipality is located.
(Ord. 99-025 § 2; Ord. 07-093 § 1)
§ 17.50.170 Mineral extraction.
Mineral extraction shall comply with the following standards:
A.
The applicant shall submit documentation prepared by a licensed engineer, and/or geologist as deemed appropriate by the hearing examiner, that the operation(s) will not create hazardous conditions, adversely impact lands and transportation systems in the vicinity, impair the slope stability or cause lateral movements such as slump, creep or landslide, or cause soil erosion or sedimentation;
B.
A water supply and management plan shall be submitted for approval in conjunction with the application that discloses the source and volume of water necessary and available for dust control and associated mineral extraction, and how waste water from operations and stormwater retention will be accomplished. The plans shall be implemented through all phases of the operation(s);
C.
A dust abatement plan shall be submitted for approval that specifies dust control measures to be employed throughout the life of the operation to assure that fugitive dust from all sources does not escape on-site containment. The dust abatement plan shall identify the names and telephone numbers of persons responsible for dust control on a 24-hour basis;
D.
Adequate buffering measures shall be taken to screen the project from public view. Such devices may include landscaping or topographic characteristics or a combination thereof as approved by the hearing examiner;
E.
Site illumination shall be designed and located so that lighting sources are not directly visible from residential uses or public roads. Lighting shall not cast glare on adjacent properties;
F.
Hours of operation and duration of the project shall be established by the hearing examiner;
G.
Drainage and stormwater runoff control shall be designed and implemented in accordance with RIMC § 17.16.070 as approved by an engineer selected by the mayor;
H.
Haul route agreements for internal access and external ingress and egress to, and travel on, public roads shall be required between the operator and the city prior to commencing any operations. The city shall consult with other affected agencies such as the state of Washington and Douglas County as may be appropriate for the intended haul route(s);
I.
The hearing examiner may establish minimum setbacks and other requirements for the excavation area, structures, buildings or nonmobile machinery associated with extraction, washing, sorting or crushing that will be adequate to minimize potential adverse impacts to adjoining properties or public road rights-of-way;
J.
The maximum height of stockpiles shall be determined by the hearing examiner and at no time shall exceed a height of 30 feet. Appropriate measures identified in the dust abatement and water management plans shall be implemented;
K.
All topsoil shall be retained on site for the reclamation of the mineral extraction operation and shall not be sold or otherwise disposed of unless it can be demonstrated that there is sufficient topsoil to cover the area disturbed by the mineral operation to a minimum depth of three feet and as approved by the hearing examiner at the time of application review;
L.
A reclamation plan shall be submitted that provides for:
1.
Topsoil retained and set aside from the operation for subsequent use during reclamation. The stockpiles shall be revegetated during the time period it is reserved to prevent erosion;
2.
Reclamation in two-acre to 10-acre increments, as appropriately responsive to the size and intensity of the particular excavation activities. Revegetation of the reclaimed areas excavated shall be accomplished annually by September 30th;
3.
Reclaimed side slopes that at no time shall be greater than one and one-half feet horizontal to one-foot vertical;
4.
The final topography of the site to be consistent with the surrounding area and graded to a maximum of a four-foot horizontal to one-foot vertical slope; and
M.
The hearing examiner may require financial assurance in accordance with Chapter 14.90 RIMC to guarantee/warranty compliance with permit conditions, completion of the reclamation, protection of public facilities and conformance with other applicable requirements of the RIMC.
(Ord. 99-025 § 2; Ord. 07-093 § 1)
