A. Applicability: A conditional use permit is required for the following:
1. A new school;
2. The remodel of an existing school which increases enrollment in any one year by the lesser of fifty percent (50%) or seventy five (75) students;
3. The remodel of an existing school which substantially increases the intensity of an existing school (e.g., conversion of a middle school into a high school which increases parking requirements and which may affect traffic); or
4. The remodel of an existing school which increases the "net area" of a school by ten percent (10%). For the purpose of this section, "net area" shall mean the area consistently used by students, teachers and employees for instruction, such as classrooms and assembly areas, but does not include hallways, storage areas, employee break areas, restrooms and machinery rooms.
B. Criteria For Review: The commission shall review the particular facts and circumstances based on the standards set forth below for the entire school. Before any approval of a conditional use permit, the commission shall find adequate evidence showing that such use at the proposed location:
1. Will comply with the standards for any conditional use found in section 17.11.040.01 of this chapter.
2. Will be located on or within four hundred feet (400') of an existing collector street, as designated by section 18.06.010 of this Code. The four hundred foot (400') requirement shall be measured along the path of an existing street.
3. Will have sidewalks, bike and vehicle facilities necessary to accommodate vehicular, pedestrian and bicycle traffic on site and between the nearest collector street and the school site.
4. Will comply with the parking requirements in chapter 17.09 of this title, unless the applicant can provide and guarantee alternative parking arrangements, such as shared parking or bussing of staff and parents.
5. Will comply with the outdoor lighting requirements in chapter 17.08, article C of this title.
6. Will construct fencing around all play areas at elementary schools adjacent to private or public streets in accordance with section 17.08A.010 of this title.
7. Will comply with the following site design standards:
a. Landscaping shall be restricted to trees with canopies higher than ten feet (10') and bushes less than three feet (3') high to deter hiding.
b. A minimum of thirty five feet (35') of space on real property owned or leased by the school shall be provided around buildings in which trees and bushes shall be separated (i.e., not clumped) and maintained and in which no buildings will be constructed.
c. Sidewalks, bike and vehicle improvements shall meet the applicable standards in title 18 of this Code. (Ord. 1191, 2015)
17.11.040.04: NB AND PA DISTRICTS:
A. For convenience stores, food service, mercantile, personal services and professional and general offices proposed to be located in Neighborhood Business (NB) Zoning District and the Peri-Urban Agricultural (PA) Overlay Zoning District, or for peri-urban retreat center and community event center proposed to be located in the Peri-Urban Agricultural (PA) Overlay District, the commission or the hearing examiner shall review the particular facts and circumstances of each proposed conditional use in terms of the standards below. The applicant has the burden of demonstrating compliance with the following standards:
1. Will comply with the standards for any conditional use found in section 17.11.040.01 of this chapter.
2. Will be clearly subordinate to, and supportive of, the permitted or conditional uses in the Peri-Urban Agricultural (PA) Overlay District and any underlying zoning district, and not be detrimental to the downtown Business Zone District. (Ord. 1220, 2017)