12 - ZONING AND USE CLASSIFICATIONS4
Editor's note— Ordinance No. W-55, § 3, adopted March 10, 2015, renamed chapter 21.12 from "Zoning Classifications" to "Zoning and Use Classifications."
For the purpose of developing a comprehensive arrangement of land uses and related standards, regulations, rules and specifications, there is provided the classification of zoning. This chapter also classifies uses into a limited number of use types on the basis of common functional or compatibility characteristics, thereby providing a basis for the regulation of uses.
(Ord. No. W-22, § 30, 4-22-2014; Ord. No. N-90, § 1(part), 1986; Ord. No. U-97, § 79, 1-27-2009)
The city has established the zoning classifications of all residential, business and industrial zones to be known by the zone symbols shown:
TABLE 21.12.020-1
Comprehensive Plan and Corresponding Zoning District Designations
(Ord. No. W-22, § 31, 4-22-2014; Ord. No. U-97, § 80, 1-27-2009; Ord. No. U-59, § 32, 2008; Ord. No. O-92, § 1, 1991; and Ord. No. N-90, § 1(part), 1986)
A.
Residential use types.
1.
Household living. Living facilities for small groups (households) of people who are related or unrelated, featuring self-contained units including facilities for cooking, eating, sleeping, and hygiene. Tenancy is longer than 30 calendar days. Household structures include single-family detached and attached dwellings; duplexes; multi-family dwellings; and modular and manufactured housing units. Most types of senior housing, (e.g., congregate care or assisted living) are considered to be household living if residents live in self-contained units, even if there are also shared facilities within the building. The maximum number of people who may reside in any given dwelling unit shall be determined per the CMC.
2.
Group living. Living facilities for groups of unrelated individuals that include at least one person residing on the site who is responsible for supervising, managing, monitoring and/or providing care, training or treatment of residents. Larger group living facilities may also be characterized by shared facilities for eating, hygiene and/or recreation. Examples include nursing/convalescent homes, residential care homes or centers; sororities/fraternities and convents/monasteries. Tenancy is typically 30 days or more. This would exclude detention and post-detention facilities (see CMC 21.12.030(E)(5), detention facilities).
3.
Transitional housing. Public or non-profit living facilities for groups of unrelated individuals that include at least one person residing on the site who is responsible for supervising, managing, monitoring and/or providing care, training or treatment of residents where tenancy is typically less than 30 days. Examples include: Homeless shelters and drug/alcohol treatment facilities. Can include associated soup kitchens or other on-site food preparation and service. Excludes private, for-profit-short-term housing (see CMC 21.12.030(C)(1), commercial lodging); and detention and post-detention facilities (see CMC 21.12.030(E)(5), detention facilities).
4.
Home occupation. Commercial, office or other economic activity wholly contained within the residence or accessory building within which it is located, and is clearly subordinate to the primary residential use.
B.
Civic use types.
1.
Basic utilities. Unstaffed community infrastructure, including, but not limited to, water tanks, sewer pump stations, telephone exchanges, and electric power substations.
2.
Colleges, Institutions of higher education. Accessory uses may include classrooms, laboratories, theaters, auditoriums, libraries, dormitories, eating facilities, bookstores, other small-scale retail, general offices, and parking. Such a facility that has regional or state-wide significance is classified as an essential public facility by the provisions of the Growth Management Act.
3.
Community recreation. Public, private, and non-profit recreational, social and multi-purpose facilities that are open to the public for free or fee (including membership fees). Examples include: community centers; senior centers; health/fitness clubs; indoor or outdoor tennis/racquetball and soccer clubs and other sports fields; indoor/outdoor swimming pools; boat launches; golf courses, and shooting ranges. Accessory uses include clubhouses, pro shops, offices, locker rooms, restaurants/delis/concession stands, child care facilities, rest rooms, maintenance facilities, and parking.
4.
Cultural institutions. Public or non-profit cultural facilities including libraries, museums, historic sites, and galleries.
5.
Day care.
a.
Child care. As defined by RCW Chapter 43.215:
1.
Family child day care home. A facility where a person regularly providing care during part of the 24-hour day to 12 or fewer children in the family abode of the person or persons under whose direct care the children are placed.
2.
Child care center. A person or agency that provides care for 13 or more children during part of the 24-hour day.
b.
Adult day care. Provision of services, including respite, recreational, social and therapeutic activities, to disabled and/or elderly adults in a group setting. Categories include:
1.
Residential adult day care. Provision of adult day care services for five or fewer handicapped and/or elderly adults, with or without compensation, in the home of the provider.
2.
Institutional adult day care. Provision of adult day care services for six or more handicapped and/or elderly adults either in a residential or institutional, e.g., nursing home, setting.
6.
Emergency services. Public safety facilities including police and fire stations, and emergency communications, but not including ambulance services.
7.
Human service facilities. Any office, store, assembly place or facility, the general purpose of which is to provide human need services directly and at no or reduced cost to individuals who do not have the means, ability or opportunity to obtain such services themselves. Offices or clinics where medical, dental, psychological or other such essential human services are provided shall not be considered human service facilities unless low or no cost services are provided to more than 50 percent of patients or clients.
8.
Medical centers. Facilities providing inpatient, outpatient, emergency, and related ancillary services to the sick and infirm. Usually developed in campus setting. Accessory uses may include diagnostic and treatment facilities; laboratories; surgical suites; kitchen/food service facilities; laundry; housekeeping and maintenance facilities; administrative offices; and parking. Medical centers may also include free-standing offices for hospital-based and/or private-practice physicians and other allied health care professionals; these medical office buildings are regulated as offices (see CMC 21.12.030(C)(6)(b)). Such a facility that has regional or state-wide significance is classified as an essential public facility by the provisions of the Growth Management Act.
9.
Parks/open space. Lands that are maintained in a natural state and/or developed that are designed for public active and passive recreation. Examples include parks, public squares, recreational trails, nature preserves and cemeteries. Does not include areas in active cultivation (see CMC 21.12.030(E)(1), agriculture/horticulture).
a.
Neighborhood parks. Small parks usually no greater than five acres designed to serve the immediate neighborhood. Access is on foot or bicycle with little or no on-site parking provided. Accessory uses may include low-impact outdoor playing/practice fields (without associated parking), playgrounds, sports courts, picnic areas, educational/interpretive facilities, walking/jogging paths, rest rooms, and seating areas. May collocate with schools.
b.
Community parks. Larger parks typically six acres or larger designed to serve a larger geographic area than a neighborhood park. Access is on foot and by bicycle, transit, and vehicle. May contain one or more community recreation uses as defined in CMC 21.12.030(B)(3). Other accessory uses may include walking/jogging trails; picnic shelters; outdoor performance facilities; off-leash dog, bicycle, and skateboard parks; sports courts, community gardens; bicycle, pedestrian, and transit amenities; educational/interpretive facilities; viewpoints; concessions; rest rooms; caretaker and maintenance facilities; and parking. May collocate with schools.
c.
Regional parks. Any park greater than 50 acres designed to serve regional needs. Accessory uses include any of the facilities found in neighborhood and community parks.
d.
Trails. Publicly accessible walking, jogging or bike trails that extend beyond the boundaries of a single subdivision or development project. Accessory uses may include signage/maps; interpretive centers; viewpoints; and trailhead facility, restrooms, and parking. Does not include trails or portions of trails created as part of neighborhood, community and regional parks.
10.
Postal service. Refers to postal services and processing as traditionally operated by the U.S. Postal Service. Such facilities include customer sales, mail sorting, and fleet truck storage. Excludes profit-making parcel post or mail services (see CMC 21.12.030(C)(4)(b), general retail, personal services).
11.
Religious institutions. Permanent places of religious worship that may include related accessory uses that are clearly incidental and secondary to religious worship, congregation, and teaching such as administrative offices; child care centers/pre-schools; classrooms for religious instruction; auditoriums; social halls; rectories; and gymnasiums, playgrounds and other recreational facilities.
12.
Schools. Public and private pre-school, kindergarten, elementary, middle, and high schools. Accessory uses include administrative offices; classrooms and laboratories; kitchen/cafeterias; auditoriums; gymnasium, swimming pools; playing fields and related indoor and outdoor physical education facilities; and storage and maintenance facilities. The programs and activities of other public and non-profit organizations including those associated with adult education, after-school care, recreation and social services may collocate in a school facility. Such a facility that has regional or state-wide significance is classified as an essential public facility by the provisions of the Growth Management Act.
13.
Social/fraternal and clubs/lodges. Non-profit organizations with social, philanthropic and/or recreational functions and activities.
14.
Transportation facilities. Bus, heavy rail transit stops and stations; and accessory bicycle parking. Excludes public streets and sidewalks; and heavy and light rail maintenance/switching yards (see CMC 21.120.030(D)(7), railroad yards). Such a facility that has regional or state-wide significance is classified as an essential public facility by the provisions of the Growth Management Act.
15.
Park and ride facilities. Park and ride facilities means parking facilities that serve motorists transferring to or from urban public transportation vehicles or private car-pool vehicles.
C.
Commercial use types.
1.
Commercial lodging. Residential facilities such as hotels, motels, rooming houses and bed-and-breakfast establishments where tenancy is typically less than one month. May include accessory meeting, convention facilities, and restaurants/bars.
2.
Eating and drinking establishments. Establishments that sell prepared food and beverages for consumption on site or take-away including restaurants, delicatessens, bars, taverns, brew pubs, and espresso bars.
3.
Entertainment-oriented.
a.
Adult entertainment. Facilities including adult motion picture theaters; adult video/book stores; and topless, bottomless, and nude dance halls which include materials and activities characterized or distinguished by an emphasis on matters depicting specified sexual activities or anatomical areas.
c.
Indoor entertainment. Commercial indoor facilities such as recreation facilities, skating rinks, bowling alleys, arcades, shooting ranges, movie, and live performance theaters.
d.
Outdoor/major event entertainment. Facilities such as recreation facilities, auditoriums, stadiums, arenas, amphitheaters, convention centers, paintball facilities, and race tracks which provide athletic, cultural or entertainment events and exhibits for large groups generally exceeding 1,000 spectators.
4.
General retail.
a.
Sales-oriented. Establishments which provide consumer-oriented sales, leasing and rental of consumer, home and business goods including art; art supplies; bicycles; clothing; dry goods; electronic equipment; fabric; gifts; groceries; hardware; household products; jewelry; pets and pet products; pharmaceuticals; plant; printed materials; stationery; and videos. Excludes large-scale consumer products (see CMC 21.12.030(C)(4)(d), bulk sales); and those sold primarily outdoors (see CMC 21.12.030(C)(4)(e), outdoor sales).
b.
Personal services. Establishments which provide consumer services such as banks and credit unions; barber and beauty shops; automated teller machines (ATMs) and related automated vending facilities; pet grooming; laundromats and dry cleaners; copy centers; photographic studios; specialized instructional schools; trade/vocational schools; massage therapy; acupuncture; and mortuaries.
c.
Repair-oriented. Establishments which engage in the repair of consumer and business goods including television and radios; bicycles; clocks; jewelry; guns; small appliances and office equipment; tailors and seamstresses; shoe repair; locksmiths; and upholsterers.
d.
Bulk sales. Establishments which engage in the sales, leasing and rental of bulky items requiring extensive interior space for display including furniture, large appliances, and home improvement sales.
e.
Outdoor sales. Establishments that engage in sales requiring outdoor display and/or storage including lumberyards and nurseries.
5.
Motor vehicle related.
a.
Motor vehicle sales/rental. Includes car, light and heavy truck, mobile home, boat and recreational vehicle sales, rental and service.
b.
Motor vehicle servicing/repair. Free-standing vehicle servicing and repair establishments including quick and general vehicle service, car washes and body shops not an accessory to new vehicle sales.
c.
Vehicle fuel sales. Establishments engaging in the sale of gasoline, diesel fuel, and oil products for cars, trucks, recreational vehicles, and boats.
e.
Electric vehicle (EV) basic charging station. A slow to medium level charging station for electric vehicles that is typically accessory to another use, such as single-family residences, apartments, and/or businesses. Level 1 (120-volt AC) is considered slow charging. Level 2 (240-volt AC) is considered medium charging.
e.
Electric vehicle (EV) rapid charging station (commercial). An industrial grade electrical outlet that allows for faster charging of electric vehicle batteries through higher power levels and that meets or exceeds any standards, codes, and regulations set forth by chapter RCW chapter 19.28 and consistent with rules adopted under RCW 19.27.540. Such stations are also known as Level 3 facilities and are considered fast or rapid charging (480-volt AC), and are generally available to the public.
f.
Electric vehicle (EV) battery exchange station. A facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery. Such exchange stations may use a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by RCW chapter 19.27.
6.
Office.
a.
General office. Government, business and professional offices that operate during typical weekday hours. Examples include local, regional, state, and federal offices and agencies; veterinary clinics; medical and dental laboratories; blood collection centers; offices for attorneys, architects, accountants, engineers, stockbrokers, real estate agents, mortgage bankers, insurance brokers, and other consultants; headquarters offices; sales offices; radio, and television studios. Also includes painting, landscaping, building and janitorial contractors where the indoor storage of materials and equipment are incidental to the office use.
b.
Industrial office. Industrial office businesses are characterized by activities that, while conducted in an office-like setting, are more compatible with industrial activities, businesses, and districts. Their operations are less service-oriented than other office uses and focus on the research, development, testing, production, processing, packaging, or assembly of goods and products, which may include digital products such as internet home pages, media content, designs and specifications, computer software, advertising materials, and others. They primarily provide products to other businesses. They do not require customers or clients to visit the site; any such visits are infrequent and incidental. Accessory uses may include parking, warehouses, and storage yards.
c.
Medical office. Offices for physicians, dentists, chiropractors, and allied health care professionals; free-standing outpatient health care facilities; urgency clinics; naturopathic, and homeopathic facilities; and home health organizations that provide on-site services to patients and that generally operate during typical peak weekday hours.
d.
Coworking space. This is an office space arrangement in which workers of different companies share an office space, allowing cost savings and convenience through the use of common infrastructures, such as equipment, utilities, and receptionist and custodial services, and in some cases refreshments and parcel acceptance services.
7.
Non-accessory parking. Any private or public vehicle parking, either paid or free, which is not accessory to a primary use. Includes public and private parking structures and lots; and free-standing fleet vehicle parking lots.
8.
Self-service storage. Commercial operations that provide rental of storage space to the public. The storage areas are designed to allow private access by the tenant for storing or removing personal property. These facilities do not include moving and storage companies where there is no individual storage or where employees are primary movers of the goods to be stored (see CMC 21.12.030(D)(5), warehouse/freight movement).
9.
Artisan and specialty goods production. Small scale businesses that manufacture artisan goods or specialty foods. Small manufacturing production aims at direct sales rather than the wholesale market. This small-scale manufacturing use is intended to be allowed where compatible with the commercial and residential fabric of the city center. An allowance for public viewing or customer service space is required with artisan and specialty goods production. This use category includes the following uses: sugar and confectionary, fruit and vegetable preserving and specialty foods, bakeries and tortilla manufacturing; artisan leather, glass, cutlery, hand tools, wood, paper, ceramic, textile and yarn products; micro-breweries, micro-distilleries, and wineries.
D.
Industrial use types.
1.
Industrial services. Includes the repair and servicing of industrial and business machinery, equipment and/or products. Examples include; machine shops; welding shops; sales, repair, storage, salvage or wrecking of heavy machinery, metal and building materials; towing and vehicle storage; auto and truck salvage and wrecking; heavy truck servicing and repair; tire recapping and retreading; truck stops; building, heating, plumbing or electrical contractors; exterminators; janitorial and building maintenance contractors where the indoor storage of materials is more than incidental to the office use; fuel oil distributions; solid fuel yards; laundry, dry-cleaning and carpet cleaning plants; and photo-finishing laboratories.
2.
Manufacturing and production. Includes production, processing, assembling, packaging or treatment of semi-finished or finished products from raw materials or previously prepared materials or components. Manufacturing production is intended for the wholesale market rather than for direct sales.
3.
Railroad yards. A terminus of several light or heavy railroad lines where the loading, unloading, transshipment, switching, maintenance, and storage of rail cars is undertaken.
4.
Research and development. Facility featuring a mix of uses including office, research laboratories, and prototype manufacturing. If the use contains no on-site manufacturing component, then it is considered general office (see CMC 21.12.030(C)(6)(a)).
5.
Warehouse/freight movement. Uses involved in the storage and movement of large quantities of materials or products indoors and/or outdoors; associated with significant truck and/or rail traffic. Examples include free-standing warehouses associated with retail furniture or appliance outlets; household moving and general freight storage; cold storage plants/frozen food lockers; weapon and ammunition storage; major wholesale distribution centers; truck, marine and air freight terminals and dispatch centers; bus barns; grain terminals; and stockpiling of sand, gravel, bark dust or other aggregate and landscaping materials.
6.
Waste-related. Uses that receive solid or liquid wastes from others for disposal on the site or for transfer to another location, uses that collect sanitary wastes or use that manufacture or produce goods or energy from the composting of organic material. Examples include: recycling/garbage transfer stations; landfills; composting, energy recovery and sewage treatment plants; and hazardous waste handling and transfer facilities that do not treat or dispose of hazardous waste, as that term is defined in the Code of Federal Regulations, Title 40, Part 261. Such a facility that has regional or state-wide significance is classified as an essential public facility by the provisions of the Growth Management Act. Hazardous waste or disposal facilities are not included in this classification and are therefore not permitted in the City of Cheney.
7.
Wholesale sales. Involves sales, leasing or rental of equipment or products primarily intended for industrial, institutional or commercial businesses. Businesses may or may not be open to the general public, but sales to the general public are limited. Examples include the sale or rental of machinery, equipment, building materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment, and store fixtures; mail order houses; and wholesalers of food, clothing, auto parts, and building hardware.
E.
Other use types.
1.
Agriculture/horticulture. Open areas devoted to the raising of fruits, vegetable, nuts, nursery stock and/or flowers, including community gardens; may include on-site sales of products grown on the site. Excludes nurseries (see CMC 21.12.030(C)(4)(e), outdoor sales).
2.
Animal kennel/shelters. Animal kennel and shelter facilities for the overnight boarding of dogs, cats and other domestic pets. Excludes veterinary clinics (see CMC 21.12.030(C)(6)(a), general offices).
3.
Cemeteries. Facilities for storing human remains. Accessory uses may include chapels, mortuaries, crematoria, mausoleums, administrative offices, maintenance facilities, and parking.
4.
Detention and post-detention facilities. Uses which have the characteristics of group living but are devoted to the housing, training and supervision of those under judicial detention. Examples include prisons; jails; probation centers; juvenile detention homes; and related post-incarceration and half-way houses. Such a facility that has regional or state-wide significance is classified as an essential public facility by the provisions of the Growth Management Act.
5.
Dog day care. Dog day care shall mean any premises containing four or more dogs, which are five months or older, where these domestic animals are dropped off and picked up daily for temporary care on site and where they may be groomed, trained, exercised, and socialized, but are not kept or boarded overnight, bred, sold or let for hire. Excludes animal kennel/shelters (See CMC 21.12.030(E)(2), animal kennel/shelters).
6.
Mining. Uses that mine or extract mineral or aggregate resources from the ground for off-site use. Accessory uses may include storage, rock crushing, sorting, and transfer facilities.
7.
Rail lines/utility corridors. The regional corridors in public or private ownership dedicated for use by rail lines; above-grade or underground power or communication lines; water, sewer and storm sewer lines or similar services.
8.
Temporary uses. Uses that are generally a few days or less located on private property outside of the public right-of-way. These can include things such as farmers markets, Christmas tree lots, pumpkin patches, and vendors related to EWU activities.
9.
Wireless communication facilities. Includes publicly- and privately-owned towers and related transmitting equipment for television; AM/FM radio; cellular and two-way radio and microwave transmission; and related ancillary equipment buildings. Does not include radio/television transmission facilities that are part of the public safety network (see CMC 21.12.030(B)(6), Emergency Services). Does not include amateur (ham) radio antennas or towers.
(Ord. No. Y-9, § 1, 3-22-2022; Ord. No. W-22, § 32, 4-22-2014)
A.
Purpose. Not all uses that will be compatible within a zoning district can be listed; therefore, unintentional omissions occur. The purpose of these provisions is to establish a procedure for determining whether certain specific uses would have been permitted in a zoning district had they been contemplated and whether such unlisted uses are compatible with the listed uses.
B.
Approval standards. The planning official shall use the following criteria to determine the appropriate category for an unlisted use as follows:
1.
Approval or denial of an unlisted use application by the planning official shall be based on findings that:
a.
The use is consistent with the intent and purpose of the applicable zoning district;
b.
The use is similar to and of the same general type as the typical uses listed in the zoning district;
c.
The use has similar intensity, density, and off-site impacts as the typical uses listed in the zoning district; and
d.
The use has similar impacts on the community facilities as the typical listed uses. Community facilities include streets, schools, libraries, hospitals, parks, police and fire stations, water, sanitary sewer, and storm drainage systems.
(Ord. No. W-22, § 33, 4-22-2014)
12 - ZONING AND USE CLASSIFICATIONS4
Editor's note— Ordinance No. W-55, § 3, adopted March 10, 2015, renamed chapter 21.12 from "Zoning Classifications" to "Zoning and Use Classifications."
For the purpose of developing a comprehensive arrangement of land uses and related standards, regulations, rules and specifications, there is provided the classification of zoning. This chapter also classifies uses into a limited number of use types on the basis of common functional or compatibility characteristics, thereby providing a basis for the regulation of uses.
(Ord. No. W-22, § 30, 4-22-2014; Ord. No. N-90, § 1(part), 1986; Ord. No. U-97, § 79, 1-27-2009)
The city has established the zoning classifications of all residential, business and industrial zones to be known by the zone symbols shown:
TABLE 21.12.020-1
Comprehensive Plan and Corresponding Zoning District Designations
(Ord. No. W-22, § 31, 4-22-2014; Ord. No. U-97, § 80, 1-27-2009; Ord. No. U-59, § 32, 2008; Ord. No. O-92, § 1, 1991; and Ord. No. N-90, § 1(part), 1986)
A.
Residential use types.
1.
Household living. Living facilities for small groups (households) of people who are related or unrelated, featuring self-contained units including facilities for cooking, eating, sleeping, and hygiene. Tenancy is longer than 30 calendar days. Household structures include single-family detached and attached dwellings; duplexes; multi-family dwellings; and modular and manufactured housing units. Most types of senior housing, (e.g., congregate care or assisted living) are considered to be household living if residents live in self-contained units, even if there are also shared facilities within the building. The maximum number of people who may reside in any given dwelling unit shall be determined per the CMC.
2.
Group living. Living facilities for groups of unrelated individuals that include at least one person residing on the site who is responsible for supervising, managing, monitoring and/or providing care, training or treatment of residents. Larger group living facilities may also be characterized by shared facilities for eating, hygiene and/or recreation. Examples include nursing/convalescent homes, residential care homes or centers; sororities/fraternities and convents/monasteries. Tenancy is typically 30 days or more. This would exclude detention and post-detention facilities (see CMC 21.12.030(E)(5), detention facilities).
3.
Transitional housing. Public or non-profit living facilities for groups of unrelated individuals that include at least one person residing on the site who is responsible for supervising, managing, monitoring and/or providing care, training or treatment of residents where tenancy is typically less than 30 days. Examples include: Homeless shelters and drug/alcohol treatment facilities. Can include associated soup kitchens or other on-site food preparation and service. Excludes private, for-profit-short-term housing (see CMC 21.12.030(C)(1), commercial lodging); and detention and post-detention facilities (see CMC 21.12.030(E)(5), detention facilities).
4.
Home occupation. Commercial, office or other economic activity wholly contained within the residence or accessory building within which it is located, and is clearly subordinate to the primary residential use.
B.
Civic use types.
1.
Basic utilities. Unstaffed community infrastructure, including, but not limited to, water tanks, sewer pump stations, telephone exchanges, and electric power substations.
2.
Colleges, Institutions of higher education. Accessory uses may include classrooms, laboratories, theaters, auditoriums, libraries, dormitories, eating facilities, bookstores, other small-scale retail, general offices, and parking. Such a facility that has regional or state-wide significance is classified as an essential public facility by the provisions of the Growth Management Act.
3.
Community recreation. Public, private, and non-profit recreational, social and multi-purpose facilities that are open to the public for free or fee (including membership fees). Examples include: community centers; senior centers; health/fitness clubs; indoor or outdoor tennis/racquetball and soccer clubs and other sports fields; indoor/outdoor swimming pools; boat launches; golf courses, and shooting ranges. Accessory uses include clubhouses, pro shops, offices, locker rooms, restaurants/delis/concession stands, child care facilities, rest rooms, maintenance facilities, and parking.
4.
Cultural institutions. Public or non-profit cultural facilities including libraries, museums, historic sites, and galleries.
5.
Day care.
a.
Child care. As defined by RCW Chapter 43.215:
1.
Family child day care home. A facility where a person regularly providing care during part of the 24-hour day to 12 or fewer children in the family abode of the person or persons under whose direct care the children are placed.
2.
Child care center. A person or agency that provides care for 13 or more children during part of the 24-hour day.
b.
Adult day care. Provision of services, including respite, recreational, social and therapeutic activities, to disabled and/or elderly adults in a group setting. Categories include:
1.
Residential adult day care. Provision of adult day care services for five or fewer handicapped and/or elderly adults, with or without compensation, in the home of the provider.
2.
Institutional adult day care. Provision of adult day care services for six or more handicapped and/or elderly adults either in a residential or institutional, e.g., nursing home, setting.
6.
Emergency services. Public safety facilities including police and fire stations, and emergency communications, but not including ambulance services.
7.
Human service facilities. Any office, store, assembly place or facility, the general purpose of which is to provide human need services directly and at no or reduced cost to individuals who do not have the means, ability or opportunity to obtain such services themselves. Offices or clinics where medical, dental, psychological or other such essential human services are provided shall not be considered human service facilities unless low or no cost services are provided to more than 50 percent of patients or clients.
8.
Medical centers. Facilities providing inpatient, outpatient, emergency, and related ancillary services to the sick and infirm. Usually developed in campus setting. Accessory uses may include diagnostic and treatment facilities; laboratories; surgical suites; kitchen/food service facilities; laundry; housekeeping and maintenance facilities; administrative offices; and parking. Medical centers may also include free-standing offices for hospital-based and/or private-practice physicians and other allied health care professionals; these medical office buildings are regulated as offices (see CMC 21.12.030(C)(6)(b)). Such a facility that has regional or state-wide significance is classified as an essential public facility by the provisions of the Growth Management Act.
9.
Parks/open space. Lands that are maintained in a natural state and/or developed that are designed for public active and passive recreation. Examples include parks, public squares, recreational trails, nature preserves and cemeteries. Does not include areas in active cultivation (see CMC 21.12.030(E)(1), agriculture/horticulture).
a.
Neighborhood parks. Small parks usually no greater than five acres designed to serve the immediate neighborhood. Access is on foot or bicycle with little or no on-site parking provided. Accessory uses may include low-impact outdoor playing/practice fields (without associated parking), playgrounds, sports courts, picnic areas, educational/interpretive facilities, walking/jogging paths, rest rooms, and seating areas. May collocate with schools.
b.
Community parks. Larger parks typically six acres or larger designed to serve a larger geographic area than a neighborhood park. Access is on foot and by bicycle, transit, and vehicle. May contain one or more community recreation uses as defined in CMC 21.12.030(B)(3). Other accessory uses may include walking/jogging trails; picnic shelters; outdoor performance facilities; off-leash dog, bicycle, and skateboard parks; sports courts, community gardens; bicycle, pedestrian, and transit amenities; educational/interpretive facilities; viewpoints; concessions; rest rooms; caretaker and maintenance facilities; and parking. May collocate with schools.
c.
Regional parks. Any park greater than 50 acres designed to serve regional needs. Accessory uses include any of the facilities found in neighborhood and community parks.
d.
Trails. Publicly accessible walking, jogging or bike trails that extend beyond the boundaries of a single subdivision or development project. Accessory uses may include signage/maps; interpretive centers; viewpoints; and trailhead facility, restrooms, and parking. Does not include trails or portions of trails created as part of neighborhood, community and regional parks.
10.
Postal service. Refers to postal services and processing as traditionally operated by the U.S. Postal Service. Such facilities include customer sales, mail sorting, and fleet truck storage. Excludes profit-making parcel post or mail services (see CMC 21.12.030(C)(4)(b), general retail, personal services).
11.
Religious institutions. Permanent places of religious worship that may include related accessory uses that are clearly incidental and secondary to religious worship, congregation, and teaching such as administrative offices; child care centers/pre-schools; classrooms for religious instruction; auditoriums; social halls; rectories; and gymnasiums, playgrounds and other recreational facilities.
12.
Schools. Public and private pre-school, kindergarten, elementary, middle, and high schools. Accessory uses include administrative offices; classrooms and laboratories; kitchen/cafeterias; auditoriums; gymnasium, swimming pools; playing fields and related indoor and outdoor physical education facilities; and storage and maintenance facilities. The programs and activities of other public and non-profit organizations including those associated with adult education, after-school care, recreation and social services may collocate in a school facility. Such a facility that has regional or state-wide significance is classified as an essential public facility by the provisions of the Growth Management Act.
13.
Social/fraternal and clubs/lodges. Non-profit organizations with social, philanthropic and/or recreational functions and activities.
14.
Transportation facilities. Bus, heavy rail transit stops and stations; and accessory bicycle parking. Excludes public streets and sidewalks; and heavy and light rail maintenance/switching yards (see CMC 21.120.030(D)(7), railroad yards). Such a facility that has regional or state-wide significance is classified as an essential public facility by the provisions of the Growth Management Act.
15.
Park and ride facilities. Park and ride facilities means parking facilities that serve motorists transferring to or from urban public transportation vehicles or private car-pool vehicles.
C.
Commercial use types.
1.
Commercial lodging. Residential facilities such as hotels, motels, rooming houses and bed-and-breakfast establishments where tenancy is typically less than one month. May include accessory meeting, convention facilities, and restaurants/bars.
2.
Eating and drinking establishments. Establishments that sell prepared food and beverages for consumption on site or take-away including restaurants, delicatessens, bars, taverns, brew pubs, and espresso bars.
3.
Entertainment-oriented.
a.
Adult entertainment. Facilities including adult motion picture theaters; adult video/book stores; and topless, bottomless, and nude dance halls which include materials and activities characterized or distinguished by an emphasis on matters depicting specified sexual activities or anatomical areas.
c.
Indoor entertainment. Commercial indoor facilities such as recreation facilities, skating rinks, bowling alleys, arcades, shooting ranges, movie, and live performance theaters.
d.
Outdoor/major event entertainment. Facilities such as recreation facilities, auditoriums, stadiums, arenas, amphitheaters, convention centers, paintball facilities, and race tracks which provide athletic, cultural or entertainment events and exhibits for large groups generally exceeding 1,000 spectators.
4.
General retail.
a.
Sales-oriented. Establishments which provide consumer-oriented sales, leasing and rental of consumer, home and business goods including art; art supplies; bicycles; clothing; dry goods; electronic equipment; fabric; gifts; groceries; hardware; household products; jewelry; pets and pet products; pharmaceuticals; plant; printed materials; stationery; and videos. Excludes large-scale consumer products (see CMC 21.12.030(C)(4)(d), bulk sales); and those sold primarily outdoors (see CMC 21.12.030(C)(4)(e), outdoor sales).
b.
Personal services. Establishments which provide consumer services such as banks and credit unions; barber and beauty shops; automated teller machines (ATMs) and related automated vending facilities; pet grooming; laundromats and dry cleaners; copy centers; photographic studios; specialized instructional schools; trade/vocational schools; massage therapy; acupuncture; and mortuaries.
c.
Repair-oriented. Establishments which engage in the repair of consumer and business goods including television and radios; bicycles; clocks; jewelry; guns; small appliances and office equipment; tailors and seamstresses; shoe repair; locksmiths; and upholsterers.
d.
Bulk sales. Establishments which engage in the sales, leasing and rental of bulky items requiring extensive interior space for display including furniture, large appliances, and home improvement sales.
e.
Outdoor sales. Establishments that engage in sales requiring outdoor display and/or storage including lumberyards and nurseries.
5.
Motor vehicle related.
a.
Motor vehicle sales/rental. Includes car, light and heavy truck, mobile home, boat and recreational vehicle sales, rental and service.
b.
Motor vehicle servicing/repair. Free-standing vehicle servicing and repair establishments including quick and general vehicle service, car washes and body shops not an accessory to new vehicle sales.
c.
Vehicle fuel sales. Establishments engaging in the sale of gasoline, diesel fuel, and oil products for cars, trucks, recreational vehicles, and boats.
e.
Electric vehicle (EV) basic charging station. A slow to medium level charging station for electric vehicles that is typically accessory to another use, such as single-family residences, apartments, and/or businesses. Level 1 (120-volt AC) is considered slow charging. Level 2 (240-volt AC) is considered medium charging.
e.
Electric vehicle (EV) rapid charging station (commercial). An industrial grade electrical outlet that allows for faster charging of electric vehicle batteries through higher power levels and that meets or exceeds any standards, codes, and regulations set forth by chapter RCW chapter 19.28 and consistent with rules adopted under RCW 19.27.540. Such stations are also known as Level 3 facilities and are considered fast or rapid charging (480-volt AC), and are generally available to the public.
f.
Electric vehicle (EV) battery exchange station. A facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery. Such exchange stations may use a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by RCW chapter 19.27.
6.
Office.
a.
General office. Government, business and professional offices that operate during typical weekday hours. Examples include local, regional, state, and federal offices and agencies; veterinary clinics; medical and dental laboratories; blood collection centers; offices for attorneys, architects, accountants, engineers, stockbrokers, real estate agents, mortgage bankers, insurance brokers, and other consultants; headquarters offices; sales offices; radio, and television studios. Also includes painting, landscaping, building and janitorial contractors where the indoor storage of materials and equipment are incidental to the office use.
b.
Industrial office. Industrial office businesses are characterized by activities that, while conducted in an office-like setting, are more compatible with industrial activities, businesses, and districts. Their operations are less service-oriented than other office uses and focus on the research, development, testing, production, processing, packaging, or assembly of goods and products, which may include digital products such as internet home pages, media content, designs and specifications, computer software, advertising materials, and others. They primarily provide products to other businesses. They do not require customers or clients to visit the site; any such visits are infrequent and incidental. Accessory uses may include parking, warehouses, and storage yards.
c.
Medical office. Offices for physicians, dentists, chiropractors, and allied health care professionals; free-standing outpatient health care facilities; urgency clinics; naturopathic, and homeopathic facilities; and home health organizations that provide on-site services to patients and that generally operate during typical peak weekday hours.
d.
Coworking space. This is an office space arrangement in which workers of different companies share an office space, allowing cost savings and convenience through the use of common infrastructures, such as equipment, utilities, and receptionist and custodial services, and in some cases refreshments and parcel acceptance services.
7.
Non-accessory parking. Any private or public vehicle parking, either paid or free, which is not accessory to a primary use. Includes public and private parking structures and lots; and free-standing fleet vehicle parking lots.
8.
Self-service storage. Commercial operations that provide rental of storage space to the public. The storage areas are designed to allow private access by the tenant for storing or removing personal property. These facilities do not include moving and storage companies where there is no individual storage or where employees are primary movers of the goods to be stored (see CMC 21.12.030(D)(5), warehouse/freight movement).
9.
Artisan and specialty goods production. Small scale businesses that manufacture artisan goods or specialty foods. Small manufacturing production aims at direct sales rather than the wholesale market. This small-scale manufacturing use is intended to be allowed where compatible with the commercial and residential fabric of the city center. An allowance for public viewing or customer service space is required with artisan and specialty goods production. This use category includes the following uses: sugar and confectionary, fruit and vegetable preserving and specialty foods, bakeries and tortilla manufacturing; artisan leather, glass, cutlery, hand tools, wood, paper, ceramic, textile and yarn products; micro-breweries, micro-distilleries, and wineries.
D.
Industrial use types.
1.
Industrial services. Includes the repair and servicing of industrial and business machinery, equipment and/or products. Examples include; machine shops; welding shops; sales, repair, storage, salvage or wrecking of heavy machinery, metal and building materials; towing and vehicle storage; auto and truck salvage and wrecking; heavy truck servicing and repair; tire recapping and retreading; truck stops; building, heating, plumbing or electrical contractors; exterminators; janitorial and building maintenance contractors where the indoor storage of materials is more than incidental to the office use; fuel oil distributions; solid fuel yards; laundry, dry-cleaning and carpet cleaning plants; and photo-finishing laboratories.
2.
Manufacturing and production. Includes production, processing, assembling, packaging or treatment of semi-finished or finished products from raw materials or previously prepared materials or components. Manufacturing production is intended for the wholesale market rather than for direct sales.
3.
Railroad yards. A terminus of several light or heavy railroad lines where the loading, unloading, transshipment, switching, maintenance, and storage of rail cars is undertaken.
4.
Research and development. Facility featuring a mix of uses including office, research laboratories, and prototype manufacturing. If the use contains no on-site manufacturing component, then it is considered general office (see CMC 21.12.030(C)(6)(a)).
5.
Warehouse/freight movement. Uses involved in the storage and movement of large quantities of materials or products indoors and/or outdoors; associated with significant truck and/or rail traffic. Examples include free-standing warehouses associated with retail furniture or appliance outlets; household moving and general freight storage; cold storage plants/frozen food lockers; weapon and ammunition storage; major wholesale distribution centers; truck, marine and air freight terminals and dispatch centers; bus barns; grain terminals; and stockpiling of sand, gravel, bark dust or other aggregate and landscaping materials.
6.
Waste-related. Uses that receive solid or liquid wastes from others for disposal on the site or for transfer to another location, uses that collect sanitary wastes or use that manufacture or produce goods or energy from the composting of organic material. Examples include: recycling/garbage transfer stations; landfills; composting, energy recovery and sewage treatment plants; and hazardous waste handling and transfer facilities that do not treat or dispose of hazardous waste, as that term is defined in the Code of Federal Regulations, Title 40, Part 261. Such a facility that has regional or state-wide significance is classified as an essential public facility by the provisions of the Growth Management Act. Hazardous waste or disposal facilities are not included in this classification and are therefore not permitted in the City of Cheney.
7.
Wholesale sales. Involves sales, leasing or rental of equipment or products primarily intended for industrial, institutional or commercial businesses. Businesses may or may not be open to the general public, but sales to the general public are limited. Examples include the sale or rental of machinery, equipment, building materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment, and store fixtures; mail order houses; and wholesalers of food, clothing, auto parts, and building hardware.
E.
Other use types.
1.
Agriculture/horticulture. Open areas devoted to the raising of fruits, vegetable, nuts, nursery stock and/or flowers, including community gardens; may include on-site sales of products grown on the site. Excludes nurseries (see CMC 21.12.030(C)(4)(e), outdoor sales).
2.
Animal kennel/shelters. Animal kennel and shelter facilities for the overnight boarding of dogs, cats and other domestic pets. Excludes veterinary clinics (see CMC 21.12.030(C)(6)(a), general offices).
3.
Cemeteries. Facilities for storing human remains. Accessory uses may include chapels, mortuaries, crematoria, mausoleums, administrative offices, maintenance facilities, and parking.
4.
Detention and post-detention facilities. Uses which have the characteristics of group living but are devoted to the housing, training and supervision of those under judicial detention. Examples include prisons; jails; probation centers; juvenile detention homes; and related post-incarceration and half-way houses. Such a facility that has regional or state-wide significance is classified as an essential public facility by the provisions of the Growth Management Act.
5.
Dog day care. Dog day care shall mean any premises containing four or more dogs, which are five months or older, where these domestic animals are dropped off and picked up daily for temporary care on site and where they may be groomed, trained, exercised, and socialized, but are not kept or boarded overnight, bred, sold or let for hire. Excludes animal kennel/shelters (See CMC 21.12.030(E)(2), animal kennel/shelters).
6.
Mining. Uses that mine or extract mineral or aggregate resources from the ground for off-site use. Accessory uses may include storage, rock crushing, sorting, and transfer facilities.
7.
Rail lines/utility corridors. The regional corridors in public or private ownership dedicated for use by rail lines; above-grade or underground power or communication lines; water, sewer and storm sewer lines or similar services.
8.
Temporary uses. Uses that are generally a few days or less located on private property outside of the public right-of-way. These can include things such as farmers markets, Christmas tree lots, pumpkin patches, and vendors related to EWU activities.
9.
Wireless communication facilities. Includes publicly- and privately-owned towers and related transmitting equipment for television; AM/FM radio; cellular and two-way radio and microwave transmission; and related ancillary equipment buildings. Does not include radio/television transmission facilities that are part of the public safety network (see CMC 21.12.030(B)(6), Emergency Services). Does not include amateur (ham) radio antennas or towers.
(Ord. No. Y-9, § 1, 3-22-2022; Ord. No. W-22, § 32, 4-22-2014)
A.
Purpose. Not all uses that will be compatible within a zoning district can be listed; therefore, unintentional omissions occur. The purpose of these provisions is to establish a procedure for determining whether certain specific uses would have been permitted in a zoning district had they been contemplated and whether such unlisted uses are compatible with the listed uses.
B.
Approval standards. The planning official shall use the following criteria to determine the appropriate category for an unlisted use as follows:
1.
Approval or denial of an unlisted use application by the planning official shall be based on findings that:
a.
The use is consistent with the intent and purpose of the applicable zoning district;
b.
The use is similar to and of the same general type as the typical uses listed in the zoning district;
c.
The use has similar intensity, density, and off-site impacts as the typical uses listed in the zoning district; and
d.
The use has similar impacts on the community facilities as the typical listed uses. Community facilities include streets, schools, libraries, hospitals, parks, police and fire stations, water, sanitary sewer, and storm drainage systems.
(Ord. No. W-22, § 33, 4-22-2014)