Cle Elum City Zoning Code
17.14 Permitted
Land Uses
Land uses within each zoning district shall be classified into four principal categories which establish a class of use. The class of use generally corresponds to a type of review that is based on a level of review complexity. However, certain circumstances may alter the type of review due to a higher or lower complexity.
A. Class (1) uses are permitted, provided the district standards are met. The administrative official shall use the procedures in CEMC Section 14.30.050 to review Class (1) uses and associated site improvements. Class (1) uses in certain situations may require a Type (2) review, as required by CEMC Section 14.30.040.
17.14.010 Purpose.
The purpose of this chapter is to provide clarity and consistency in the city’s zoning regulations by establishing a table of permitted uses that aligns with the intent and character of each zoning district. Some uses are inherently compatible with a district’s purpose and can be permitted outright, while others may require additional review to ensure that potential impacts are mitigated through careful site design. In some cases, certain uses may be fundamentally incompatible with a district’s objectives and are therefore not allowed. This chapter defines where specific uses are permitted, identifies the appropriate level of review for each, and ensures that zoning decisions support the city’s long-term vision for balanced growth, economic development, and community character.
17.14.020 Land use classification system.
Land uses within each zoning district shall be classified into four principal categories which establish a class of use. The class of use generally corresponds to a type of review that is based on a level of review complexity. However, certain circumstances may alter the type of review due to a higher or lower complexity.
A. Class (1) uses are permitted, provided the district standards are met. The administrative official shall use the procedures in CEMC Section 14.30.050 to review Class (1) uses and associated site improvements. Class (1) uses in certain situations may require a Type (2) review, as required by CEMC Section 14.30.040.
B. Class (2) uses are generally permitted in the district. However, the compatibility between a Class (2) use and the surrounding environment cannot be determined in advance, and occasionally a Class (2) use may be incompatible at a particular location. Therefore, a Type (2) review by the administrative official is required in order to promote compatibility with the intent and character of the district and the policies and development criteria of the Cle Elum comprehensive plan.
C. Class (3) uses are generally not permitted in a particular district, but may be allowed by the hearing examiner after a Type (3) review and public hearing. The hearing examiner may approve, deny, or impose conditions on the proposed land use and site improvements to promote compatibility with the intent and character of the district and the policies and development criteria of the Cle Elum urban area comprehensive plan.
D. Uses Not Permitted. Any use listed in Table 16.1 and not classified as either a Class (1), (2), or (3) use in a particular district shall not be permitted in that district. A request for an unclassified use, under CEMC Section 17.14.040, that is denied by the hearing examiner is considered as a use not permitted.
E. Multiple Uses. When two or more uses are proposed for the same project, the entire project shall be subject to the type of review required by the highest classified use, Class (3) uses being higher than Class (2), and Class (2) uses being higher than Class (1).
F. Administrative Official’s Determination of Table of Permitted Land Uses.
1. The administrative official shall be authorized to determine whether a new or expanded use not otherwise identified in Table 16.1, Permitted Land Uses, is consistent with or similar to those already provided for within the table.
2. In the event that an applicant is aggrieved by a verbal determination of the administrative official, the applicant may submit a request for a written determination to the city of Cle Elum planning division.
3. If the administrative official cannot conclusively determine that a new or expanded use is consistent with or similar to those identified within Table 16.1, the determination may be considered as an administrative interpretation under CEMC Section 14.10.030.
17.14.030 Table of permitted land uses.
Table 16.1. Permitted Land Uses
R = Residential | DC = Downtown Commercial | GC = General Commercial | |
MFR = Multiple-Family Residential | EC = Entry Commercial | I - Industrial | PU = Public Use |
R | MFR | DC | EC | GC | I | PU | |
|---|---|---|---|---|---|---|---|
AMUSEMENT AND RECREATION | |||||||
Entertainment Venue* | 2 | 1 | |||||
Game Room* | 3 | 2 | 1 | ||||
Open Air/Outdoor Market* | 1 | 1 | 1 | ||||
Parks* | 3 | 1 | 3 | 3 | 3 | 3 | 1 |
RV Park* | 3 | ||||||
Social Card Rooms* | 3 | 3 | 3 | ||||
Sports/Recreation Facility* | 2 | 1 | 1 | ||||
Theaters | 1 | 2 | 1 | ||||
COMMUNITY SERVICES | |||||||
Cemetery/Crematorium With Funeral Home | 2 | ||||||
Places of Worship* | 3 | 3 | 3 | 1 | 1 | 1 | |
Community Center* | 3 | 3 | 2 | 1 | 1 | 1 | |
Correctional Facilities | 3 | ||||||
Day Care Center* | 3 | 3 | 1 | 1 | |||
Day Care Facilities (Not Home Occupation): Family In-Home* | 1 | 1 | |||||
Funeral Home Not Associated With Cemetery/Crematorium | 3 | ||||||
Hospital* | 3 | 2 | 1 | ||||
Libraries | 3 | 3 | 1 | ||||
Meeting Halls, Fraternal Organizations* | 2 | 1 | 1 | 1 | |||
Museums, Art Galleries | 1 | 1 | 1 | ||||
Public Facility* | 3 | 3 | 1 | 1 | 1 | 1 | 1 |
Schools* | 3 | 3 | 1 | ||||
Business Schools* | 1 | ||||||
Vocational Schools* | 1 | ||||||
Community College/University | 1 | ||||||
RESIDENTIAL | |||||||
Detached Single-Family Dwelling | 1 | 1 | 3 | ||||
Accessory Dwelling Unit | 1 | 1 | |||||
Existing Detached Single-Family Dwelling on Existing Lots of Record 5,000 Sq Ft or Less | 2 | 2 | 2 | 2 | |||
Detached Single-Family Dwelling (Zero Lot Line) | 2 | 2 | |||||
Attached Single-Family Dwelling, Common Wall | 2 | 2 | |||||
Two-Family Dwelling (Duplex) | 1 | 1 | |||||
Converted Dwelling | 2 | 2 | |||||
Multifamily Development* | 1 | 2 | 2 | 2 | |||
Mixed-Use Building* | 1 | 2 | 2 | 2 | |||
Mobile Home Park | 3 | ||||||
Adult Family Homes/Group Homes | 1 | 2 | 32 | 3 | 3 | ||
Nursing/Convalescent Home (Medical)* | 3 | 1 | 2 | 2 | |||
Retirement Home (Assisted Living)* | 2 | 1 | 2 | 2 | |||
Bed and Breakfast | 3 | 2 | 2 | 2 | 2 | ||
RETAIL TRADE AND SERVICE | |||||||
Animal Clinic/Hospital/Veterinarian | 2 | 1 | 1 | 2 | |||
Car Wash/Detailing | 32 | 1 | 1 | 1 | |||
Bars/Taverns | 1 | 1 | 1 | ||||
Beauty and Barber Shops | 1 | 1 | 1 | ||||
Animal Grooming* | 2 | 1 | 1 | ||||
Convenience Store With Gas Station | 2 | 1 | 1 | ||||
Financial Institutions | 1 | 1 | 1 | ||||
General Retail | 1 | 1 | 1 | 23 | |||
Hotels/Motels | 11 | 1 | 1 | ||||
Pet Day Care/Animal Training/Kennel* | 2 | 3 | 2 | ||||
Laundromats/Dry Cleaners | 2 | 1 | 1 | 2 | |||
Lumber Yards | 2 | 1 | 1 | ||||
Maintenance and Repair Shops | 1 | 1 | 1 | ||||
Marijuana Retail | 3 | 3 | 3 | 3 | |||
Massage Therapy/Spa | 1 | 1 | 1 | ||||
Micro-Brewery, Distillery, or Winery | 1 | 1 | 1 | 2 | |||
Mobile Vendor | 1 | 1 | 1 | 1 | |||
Motor Vehicle Sales | 1 | 1 | 1 | ||||
Offices and Clinics | 3 | 1 | 1 | 1 | |||
Contractor Office With Yard or Storage | 22 | 1 | 1 | 1 | |||
Contractor Office Without Yard or Storage | 1 | 1 | 1 | ||||
Paint and Body Repair Shops | 1 | 2 | 1 | ||||
Parking Lots and Garages | 3 and 22 | 1 | 1 | 1 | |||
Parts and Accessories (Tires, Batteries, etc.) | 3 and 22 | 1 | 1 | 1 | |||
Broadcast Media | 2 | 1 | 1 | ||||
Recycling Drop-off Center (8) | 3 | ||||||
Sales/Rental: Auto, Truck, Trailer, Fleet Leasing Services With Storage | 2 | 2 | 1 | ||||
Sales/Rental: Heavy Equipment | 2 | 2 | 1 | ||||
Restaurant | 1 | 1 | 1 | ||||
Restaurants, With Drive-In or Drive-Through | 2 | 1 | 1 | 2 | |||
Short-Term Rental* | 2 | 2 | 2 | 2 | 2 | 3 | |
Towing Services | 1 | 2 | 1 | ||||
Wrecking and Dismantling Yard | 3 | ||||||
INDUSTRIAL (OR MANUFACTURING) | |||||||
Fabricated Structural Metal Products | 32 | 2 | 2 | 1 | |||
Food Processing Without Retail | 3 or 22 | 3 | 2 | 1 | |||
Machinery and Equipment | 3 | 3 | 1 | ||||
Marijuana, Producers, Processor, Research | 2 | ||||||
Plastic Products and Assembly | 3 | 3 | 1 | ||||
Paperboard Containers and Boxes | 3 | 3 | 1 | ||||
Prefabricated Structural Wood Products and Containers | 3 | 3 | 1 | ||||
Printing, Publishing and Binding | 3 | 2 | 2 | 1 | |||
Wineries | 3 | 3 | 1 | ||||
TRANSPORTATION | |||||||
Bus Terminals/Storage and Maintenance Facilities | 32 | 1 | 2 | 1 | |||
Transportation Brokerage Offices, With Truck Parking/Contract Truck Hauling | 32 | 2 | 3 | 1 | |||
Railroad Switch Yards, Maintenance and Repair Facilities, etc. | 32 | 2 | 2 | 1 | |||
Airport | 1 | ||||||
UTILITIES | |||||||
Power Generating Facilities* | 3 | 3 | 3 | ||||
Utility Services* | 3 | 3 | 3 | 3 | 3 | 2 | |
WHOLESALE TRADE – STORAGE | |||||||
Storage Facilities, Commercial* | 3 | 2 | 1 | ||||
Residential Mini-Storage* | 3 | 32 | 2 | 2 | 1 | ||
*Indicates a defined term (CMC Chapter 14.20).
1Hotels and residential uses shall be located in the upper floors of a building with only necessary entrances and lobbies at the street level.
2Where this footnote appears, the use is permitted at the indicated level of review only when not located on First Street.
Examples:
• Car wash/detailing would only be allowed as a Class (3) when not on First Street and prohibited on First Street.
• Parking lots and garages would be allowed as a Class (3) on First Street and a Class (2) everywhere else.
• Mobile vendor is a Class (1) everywhere (on First Street and everywhere else).
3Manufacturing, production or treatment of products clearly incidental to the conduct of a retail business conducted on the premises.
17.14.040 Unclassified uses.
Any use not listed in Table 16.1 is an unclassified use and shall be permitted only in those districts so designated by the hearing examiner. Any unclassified use permitted in a particular zoning district shall be allowed only as a Class (2) or (3) use, as determined by an administrative official or hearing examiner.
17.14.050 Home occupations.
A. Purpose. The conduct of an accessory business within an existing dwelling may be permitted under the provisions of this section. It is the intent of this section to:
1. Ensure the compatibility of home occupations with other uses permitted in the underlying zone; and
2. Preserve the existing dwelling as the primary use of the structure or property; and
3. Maintain and preserve the character of residential neighborhoods; and
4. Promote the efficient use of public services and facilities by assuring these services are provided to the residential population for which they were planned and constructed, rather than commercial uses.
B. Table of Permitted Home Occupations. Table 16.2 titled “Permitted Home Occupations” is incorporated as a part of this section. Each permitted home occupation listed in Table 16-2 is designated as a Type (1), (2) or (3) use for a particular zoning district. Proposed home occupations in existing dwellings in the commercial and industrial zoning districts shall follow the land use requirements of the MFR zoning district. All permitted home occupations are subject to the standards of this title, including the specific conditions of subsection (C) of this section and the applicable review procedures of CEMC Chapter 14.30. Specific uses not permitted as home occupations are listed in subsection (H) of this section.
Table 16.2. Permitted Home Occupations*
Notes:
*Refers to definition in CEMC Chapter 17.16.
1 = Type (1) permitted home occupation.
2 = Type (2) permitted home occupation.
C = Conditional use, public hearing and approval by the hearing examiner required.
C. Necessary Conditions. Home occupations are permitted as an accessory use to the residential use of a property only when all the following conditions are met:
1. The home occupation is conducted inside a structure within property on which is established the primary residence of the practitioner(s). For the purpose of administering this section, “primary residence” shall be defined as the residence where a person or persons reside for the majority of the calendar year;
2. The home occupation is incidental and subordinate to the residential functions of the property. No action related to the home occupation shall be permitted that impairs reasonable residential use of the dwelling;
3. There are no external alterations to the building which change its character from a dwelling;
4. The portion of the structure or facilities in which a home occupation is to be sited must be so designed that it may be readily converted to serve residential uses;
5. The business is conducted in a manner that will not alter the normal residential character of the premises, including but not limited to the use of lighting and signs, or the emission of noise, vibration, dust, glare, heat, smoke or odors;
6. The home occupation does not generate materially greater traffic volumes than would normally be expected in the residential neighborhood; the frequency of deliveries should be comparable to that of a single-family home without a home business. No more than six customers or vehicle trips are permitted per day unless otherwise permitted through review;
7. There is no outside storage or display of any kind related to the home occupation except for typical vehicle parking associated with the business, but not including job trailers, food trucks, or similar accessory vehicles visible from the public right-of-way;
8. The home occupation does not require the use of electrical or mechanical equipment that would change the fire rating of the structure;
9. The home occupation does not require the use of electrical equipment that exceeds FCC standards for residential use;
10. The home occupation does not increase water or sewer use so that the combined total use for the dwelling and home occupation is significantly more than the average for residences in the neighborhood;
11. A business license is purchased where required;
12. One employee in addition to the owner/occupant is permitted;
13. All stock in trade kept for sale on the premises is produced on site by hand without the use of automated or production line equipment.
In granting approval for a home occupation, the reviewing official may attach additional conditions to ensure the home occupation will be in harmony with, and not detrimental to, the character of the residential neighborhood. Any home occupation authorized under the provisions of this title shall be open to inspection and review at all reasonable times by the building and enforcement official for purposes of verifying compliance with the conditions of approval and other provisions of this title.
D. Materials and Storage. The storage of equipment, materials, or goods shall be permitted in connection with a home occupation provided such storage complies with the following standards:
1. All equipment, materials, or goods shall be stored completely within the space designated for home occupation activities and not visible from the public right-of-way.
2. Only those materials or goods that are utilized or produced in connection with the home occupation may be stored within the dwelling unit or accessory building.
3. All flammable or combustible compounds, products, or materials shall be maintained and utilized in compliance with the fire code.
4. The frequency of home deliveries should be comparable to that of a single-family home without a home occupation associated with the residence. No more than six customers or vehicle trips are permitted per day unless otherwise permitted through review.
E. Nameplates. Only one nameplate shall be allowed. It may display the name of the occupant and/or the name of the home occupation (e.g., John Jones, Accountant). The nameplate shall be attached to the dwelling but shall not exceed two square feet in area or be illuminated.
F. Application Fee and Review Period. Applications for home occupations which require a Type 2 review or conditional use permit for approval shall be made in accordance with the provisions of CEMC Chapter 14.30, except as noted, and shall be accompanied by the appropriate filing fee. The administrative official may accept an aerial photo of the site in lieu of a site plan when the aerial photo clearly shows all structures and parking areas, and no new construction or site modifications are proposed.
G. Unclassified Home Occupation – Review by the Hearing Examiner. Home occupations not listed in Table 16.2 shall be reviewed by the hearing examiner in accordance with the provisions of CEMC Chapter 14.30; provided, any unclassified home occupation permitted after review and decision by the hearing examiner in a particular district shall be allowed only as a Class (2) or (3) use.
H. Home Occupations Not Permitted. The following uses, by the nature of their operation or investment, have a pronounced tendency, once started, to increase beyond the limits permitted for home occupations and impair the use and value of a residentially zoned area for residential purposes. Therefore, the uses listed below shall not be permitted as home occupations:
1. Auto repair, body work, or similar automobile-related activity;
2. Parking and storage of motor vehicles, commercial trucks or heavy equipment;
3. Antique shop or gift shop;
4. Kennel;
5. Veterinary clinic or hospital;
6. Painting of vehicles, trailers or boats;
7. Large appliance repair including stoves, refrigerators, washers and dryers;
8. Upholstering;
9. Machine and sheet metal shops;
10. Taxidermist;
11. Vehicle sign painting (except for the application of decals);
12. Marijuana production, processing and/or retailing.
I. Denial of Application for a Home Occupation. An application for a home occupation shall be denied if the administrative official finds that either the application or record fails to establish compliance with the provisions of this chapter. When any application is denied, the administrative officer shall state the specific reasons and cite the specific provisions and sections of this title on which the denial is based.