Selah City Zoning Code

10.28 Permitted

Administrative and Conditional Uses

Reference to Table 10.28-A Alphabetical Listing of Class 1, 2, and 3 Uses

Table 10.28A Permitted, Administrative and Conditional Uses

(a) Chapter 10.28, Table 10.28A, lists those uses which may be permitted through Class I, II or III review in the various zoning districts defined in this title. Uses not listed in Chapter 10.28, Table 10.28A, are not permitted uses. Proposed uses not listed in Chapter 10.28, Table 10.28A, may be considered as a similar use in accordance with Section 10.28.030, Similar uses. In addition to Chapter 10.28, Table 10.28A, reference to the individual zoning districts and, where indicated, the regulatory notes contained in Section 10.28.040 and definitions in Title 10, Appendix A, is necessary in order to determine if any specific requirements apply to the listed use.

(b) Land uses not specifically permitted in Table 10.28A are not permitted uses within any zoning district within the city of Selah unless authorized through the similar use process set forth in this chapter.

10.28.010 Designations.

(a) Class 1 uses listed in Title 10.28, Table 10.28A are permitted subject to review by the administrative official for compliance with Chapter 10.08 and the applicable standards of this title.

(b) The Class 2 and Class 3 uses listed in Chapter 10.28, Table 10.28A, and all matters directly related thereto possess characteristics that warrant review consistent with S.M.C. Title 21, and Chapter 10.08, to ensure:

(1) Consistency with the city's comprehensive plan goals, objectives, policies and development criteria;

(2) The intent, character and development standards appropriate to the zoning district within which it is to be located;

(3) Compatibility with other uses; and

(4) Other relevant requirements of state or city law.

(c) If a proposed use is to be situated on property within the jurisdictional boundaries of the city's shorelines management master program, it shall be subject to the permits and procedural requirements thereof in addition to all applicable standards of this title. If a conflict exists between the standards of the city's shoreline management master program and this title, the more restrictive provisions shall apply.

(d) Illegal uses are not permitted under any classification within the city of Selah. See section 10.28.020 of this chapter. (Ord. 1946, § 4, 2014; Ord. 1634, § 100, 2004.)

10.28.020 Land use table.

(1) General. Uses that are deemed illegal under local, state, or federal law are prohibited and not permitted within any zoning district within the city of Selah.

(2) Recreational Cannabis/Marijuana Cultivation, Production, Processing, and Retailing. The cultivation, production, processing and retail sale and retail outlets for the sale of cannabis/marijuana (all as defined under I-502, as may be codified in the Revised Code of Washington and as used in the implementing regulations in Chapter 314-55 of the Washington Administrative Code) are prohibited and not permitted within any zoning district within the city of Selah. (Ord. 1946, § 4, 2014; Ord. 1634, § 101, 2004.)

10.28.030 Similar uses.

(a) When a proposed use is found that is not classified within any of the categories of Chapter 10.28, Table 10.28A, the administrative official may determine whether or not the unclassified use is similar to a use currently listed as a Class 1, II or III use for the zoning district.

(b) Similar use requests shall be initiated by written application and accompanying fee, or directly by the administrative official. Each request shall set forth the specific basis for the request and its compliance with subsection (d) below. The administrative official may submit the similar use request to the planning commission, hearing examiner or any interested, affected or concerned agency(s) or person(s) for review and comment before making a determination. In addition, the administrative official may schedule the planning commission or hearing examiner to conduct a public hearing to consider the similar use request.

(c) The administrative official shall not approve a similar use determination request unless evidence is presented to demonstrate that the proposed use will comply with the purpose, intent, goals, objectives and policies of the comprehensive plan and the zoning district in which it is proposed to be located. The administrative official shall prepare written findings stating the rational upon which the determination was based.

(d) If the administrative official finds that the proposed use is similar, he shall also establish whether the proposed use shall be processed as a Class 2 or a Class 3 use according to Chapter 10.28, Table 10.28A. If a proposed use is not determined to be a similar use it shall not be considered an allowable use. Similar use determinations may be appealed to the legislative authority as provided in Chapter 10.48 and S.M.C. Title 21. (Ord. 1634, § 102, 2004.)

10.28.040 Regulatory notes.

The following regulatory notes correspond to the uses listed in Chapter 10.28, Table 10.28A:

(a) Structures used to house livestock or other farm animals. In the low density single-family (LDSF) and the one-family residential (R-1) zoning districts, no portion of any structure used to house livestock or other farm animals shall be located within one hundred feet of any residence, other than the dwelling on the same lot.

(b) Agricultural stands for the sale of agricultural products, excepting livestock, provided they:

(1) Are a seasonal operation;

(2) Have sufficient area to allow automobiles to park safely off the road right-of-way and to re-enter the traffic in a forward direction;

(3) Are less than one thousand square feet in area;

(4) Limit sales to agricultural produce and to incidental related products. (See definition in Title 10, Appendix A.)

(c) Campgrounds and recreational vehicle parks, as defined in Title 10, Appendix A, shall be subject to approval of a binding site plan of the same nature required for manufactured home parks (see Chapter 10.26) except that alternate buffer requirements may be considered when consistent with the character of the area in which the facility is proposed. Review and conditioning of the proposal shall generally follow the requirements for manufactured home parks, as appropriate.

(d) Outdoor commercial amusements, as defined in Title 10, Appendix A, shall be subject to the following requirements:

(1) Access to such uses shall be only from full width roads, which shall be paved or surfaced in accordance with specifications approved by the director of public works.

(2) Parking areas for permanent outdoor commercial amusements shall be paved to eliminate dust or mud.

(e) Manufactured home parks, as defined in Title 10, Appendix A, shall have a maximum density consistent with the comprehensive plan future land use map designation.

(f) The first floor of mixed (residential and commercial) use along the street frontage must be used for commercial uses. Dwelling units may be located above the first floor or to the back of the building. The proposal must be served by a municipal water supply and sewage disposal system. The mixed use shall provide sufficient off-street parking to accommodate the mixed uses in accordance with Chapter 10.34.

(g) Bed and breakfast inns, as defined in Title 10, Appendix A, shall be subject to the following requirements:

(1) Bed and breakfast inns may only be permitted within the low density single-family (LDSF), one-family residential (R-1), professional business (B-1) and general business (B-2) zoning districts when established within an existing single-family residence.

(2) Bed and breakfast inns shall meet all applicable health, fire safety and building codes and, within residential zones, shall be operated so as not to give the appearance of being a business and the inn shall not infringe upon the rights of neighboring residents to peaceful occupancy of their homes. Minimal outward modifications of the structure or grounds may be made only if such changes are compatible with the character of the area or the neighborhood.

(3) Bed and breakfast inns shall be considered to be single-family residences, whether occupied and operated by the owner or by a hired manager. No additional dwelling shall be placed on the same lot as the bed and breakfast inn unless as otherwise permitted by this title.

(4) Meals shall only be served to guests taking lodging in the inn, even if the inn is required to be licensed as a restaurant under state regulations.

(5) The number of guest rooms shall not exceed five.

(6) One off-street parking space per guest room shall be provided. In residential zones the front yard area shall not be used for off-street parking for bed and breakfast guests unless the parking area is screened and found to be compatible with the neighborhood.

(7) One nonilluminated or externally illuminated sign not to exceed the maximum size allowed within the zoning district in which located and bearing only the name of the inn and/or the operator shall be permitted.

(8) The administrative official may authorize use of the bed and breakfast inn for receptions, group meetings and special gatherings based upon the size of the inn, availability of adequate off-street parking space, access, public health considerations and compatibility with the surrounding neighborhood. Food may be served under these circumstances.

(9) Any commercial uses, such as gift stores, art galleries or the like, that are associated with or housed within the inn shall be subject to separate application, if listed as a Class 1, 2, or 3 use in the underlying zoning district.

(h) Communication towers, as defined in Title 10, Appendix A, shall be subject to the following requirements:

(1) The facility shall use state-of-the-art technology to reduce visual impact;

(2) At a minimum the facility shall be camouflaged to industry standards;

(3) Preferential consideration will be given to facilities which co-locate on existing towers, buildings, and structures without an increase in the tower, building, or structure height;

(4) Communication towers exceeding the zoning district height limitations established in Section 10.08.050 shall require a variance approval;

(5) Communication towers shall meet the principal structure setback standards established in Section 10.08.090, Table 8-3. Communication equipment buildings shall meet the accessory setback standards established in Section 10.08.090, Table 8-4.

(i) Home occupations are classified as two distinct types: (1) minor and (2) major as defined in Title 10, Appendix A. The intent of home occupations is to permit the resident(s) of a dwelling to conduct a business within the dwelling while limiting the impacts of the business on adjacent properties and the immediate residential neighborhood. Minor and major home occupations shall be subject to the following:

(1) Minor home occupations are limited to those occupations which are conducted within a dwelling and/or an on-site accessory building; the only employees are members of the family residing in the dwelling; there is no customer traffic to the dwelling; and the home occupation excludes all manufacturing, assembly and/or repair operations.

(A) There shall be no exterior evidence of the home occupation other than a permitted sign that would cause the premises to differ from its existing residential character (e.g., outward physical appearance; lighting; the generation/emission of noise, fumes, or vibrations as determined by the administrative official using normal senses or create any visible or audible interference in radio or television reception or cause fluctuations in electrical line voltage serving the dwelling).

(2) Major home occupations are limited to those occupations which are conducted within a dwelling and/or an on-site accessory building by members of the family residing in the dwelling; may include nonresident employees; may attract customer traffic to the dwelling; and may include on-site services, sales, manufacturing, assembly and/or repair operations.

(A) There shall be no exterior evidence of the home occupation (e.g., outside storage of materials, equipment, supplies, or the display of goods or equipment) other than the following:

i. A permitted sign;

ii. One commercial vehicle as it pertains to the home occupation;

iii. Employee and customer parking which shall be provided off-street in a location other than within the required front yard setback.

(3) Family daycare providers shall be reviewed under subsection (i)(1) of this section, not as major home occupations.

(j) All canines in kennels, as defined in Title 10, Appendix A, and veterinary clinics shall be provided with indoor sleeping areas, in order to minimize nighttime noise impacts to neighboring properties.

(k) Mini-storage facilities, as defined in Title 10, Appendix A, shall be subject to the following minimum requirements:

(1) The site is contiguous to a designated arterial or collector. Ingress and egress to the facility is directly onto such arterial or collector;

(2) Along all property lines abutting a residential district a six-foot-high, sight-obscuring, decorative fence or wall shall be installed and maintained;

(3) The facility is used exclusively for storage of personal property and/or recreational vehicles with no commercial storage or commercial sales authorized.

(l) Family daycare providers, as defined in Title 10, Appendix A, are allowed in areas zoned for residential or commercial uses. They shall be reviewed through Class 1 review and as part of the issuance of a city business license. The following may be required as conditions of Class 1 approval:

(1) That the facility complies with all building, fire, safety, health code and business license requirements;

(2) Unless the structure is legally nonconforming, that it conforms to lot size, building size, setbacks and lot coverage standards of the zoning district;

(3) That the Department of Early Learning licensor certifies that the facility is provided with a safe passenger loading area;

(4) That any signage conforms to applicable regulations;

(5) Hours of operation may be limited to facilitate neighborhood compatibility. The city may allow extended hours of operation; provided, that:

(A) Extended hours are requested by the applicant in writing as a part of the application to the city;

(B) The applicant documents that extended hours provide appropriate opportunities for family daycare facility clients who work nonstandard work shifts;

(6) That the family daycare provider, before licensing, provides proof of written notification to adjoining property owners of the intent to locate and maintain such a facility. If a dispute arises between the neighbors and the family daycare provider over licensing requirements, the licensor may provide a forum to resolve the dispute.

(7) Other zoning conditions on the establishment and maintenance of a family daycare provider's home; provided, that such conditions shall be no more restrictive than conditions imposed on other residential dwellings in the same zone and the establishment of daycare provider facilities is not precluded. (Ord. 2018, § 2, 2017; Ord. 1958, § 2, 2015; Ord. 1634, § 103, 2004.)