For any particular district, there are some uses that are consistent with the intent and character of the zoning district; some uses that may be consistent if careful site design neutralizes the adverse characteristics of the use or site; and other land uses that, regardless of site design, are not consistent with the intent or character of the district. The purpose of this chapter is to establish the degree to which each land use is permitted in each district, and establish the appropriate level of review for each land use in terms of the specific standards and requirements of each district.

(Ord. 2274 § 1 (part), 2000)

Land uses within each zoning district shall be classified into four principal categories as follows:

A.

Class (1). Class (1) uses not requiring Class (2) review are permitted, provided that district standards are met. The building official shall use the procedures in Chapter 17.12 to review Class (1) uses, and associated site improvements, for compliance with the provisions and standards of the zoning district in which they are located. Class (1) uses require Class (2) review when:

1.

All or part of the development, except for agricultural buildings, single-family dwellings, and duplexes, is in the greenway overlay district; or

2.

All or part of a planned residential development, mobile home park, or multi-family dwelling is in the airport overlay district; or

3.

The proposed use includes hazardous materials.

B.

Class (2). 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, Class (2) review by the administrative official is required in order to promote compatibility with the intent and character of the district, and the objectives and development criteria of the Union Gap comprehensive plan. The administrative official may approve, approve with conditions, or refer a proposal to the hearing examiner for Class (3) review.

The procedures in Chapter 17.13 shall be used to review and evaluate Class (2) uses.

C.

Class (3). The hearing examiner may permit a Class (3) use subject to review in a public hearing. The hearing examiner may approve, deny, or impose conditions on the proposed use and site improvements to promote compatibility with the intent and character of the district and the objectives and development criteria of the Union Gap comprehensive plan.

The procedures in Chapter 17.14 shall be used to review and evaluate Class (3) uses.

D.

Uses Not Permitted. Uses listed in Table 17.04.030, and not classified in subsections A, B or C of this section, in a particular district, are not permitted in that district.

When two or more uses are proposed in the same project, the entire project shall be subject to the level 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).

(Ord. 2407 (part), 2004; Ord. 2274 § 1 (part), 2000)

Table 17.04.030 titled "Permitted Land Uses" is incorporated as part of this section. Each permitted land use listed in Table 17.04.030 is designated a Class (1), (2), or (3) use for a particular zoning district. In addition, some Class (1) uses may require a Class (2) review in accordance with subsection 17.04.020(A). All permitted land uses and associated site improvements are subject to the design standards and review procedures of this title.

TABLE 17.04.030

PERMITTED LAND USES

(Ord. 2568 § 2 (part), 2008; Ord. 2407 (part), 2004; Ord. 2274 § 1 (part), 2000)

(Ord. No. 2675, § 6, 5-24-10; Ord. No. 2801, 11-26-12; Ord. No. 2861, § 2(Att.), 5-27-14; Ord. No. 2879, § 2(Att.), 9-14-15; Ord. No. 3107, § 1, 9-23-24)

Any use not listed in Table 17.04.030 is an unclassified use and shall be permitted only in those districts 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. The hearing examiner shall follow the provisions of Chapter 17.24 when determining which zoning districts are appropriate for a particular unclassified use.

(Ord. 2407 (part), 2004: Ord. 2274 § 1 (part), 2000)

A.

Generally. An accessory use is a use customarily incidental and subordinate to the principal use of a structure or site. Accessory uses are permitted only upon compliance with the terms and provisions of this title. They must be clearly secondary to, supportive of, and compatible with the principal use(s); and consistent with the purpose and intent of the zoning district. The land use classification and review requirements of an accessory use shall be the same as that of the principal use(s), unless otherwise specified.

B.

On-Site Hazardous Waste Treatment and Storage. Outside hazardous waste treatment and storage is permitted as an accessory use in the C-2, CBD, W/W, and L-I districts, subject to state citing criteria in the Washington Administrative Code adopted pursuant to the requirements of Chapter 70.105 RCW.

C.

Garages. Private garages are permitted as an accessory use, provided that in residential districts they are primarily used to store motor vehicles that are used by the occupants of the primary site use.

D.

Pets. Pets are permitted as an accessory use provided that in residential districts they are subject to the following restrictions (see definition of "kennel"):

1.

They are a domesticated animal, kept for pleasure or as a hobby rather than utility, such as fish, birds, dogs, and cats, except such as to constitute a kennel;

2.

Their presence does not create undue noise or odors, such as would create a nuisance or diminish the residential nature of the neighborhood; and

3.

Such animals are properly fed, watered, and kept in a humane manner.

E.

In the light-industrial district the retail sale of items grown, manufactured, assembled, or processed on the premises is permitted.

F.

Electrical Passenger Vehicle Charging Stations when installed within an existing garage or parking space associated with an approved use, subject to special development standards in UGMC 17.09.140.

(Ord. 2274 § 1 (part), 2000)

(Ord. No. 3107, § 1, 9-23-24)

A.

Review Required. Any commercial use having a drive-through service window or booth shall require one higher level of review than shown in Table 17.04.030, except:

1.

Those noted as Class (3) review which will remain Class (3) review; and

2.

Financial institutions or properties that do not abut residential zones. Such drive-through facilities mean a window or station for providing service to customers who remain in their vehicle to conduct a business transaction, excluding motor vehicle fueling and car washes.

B.

Purpose. Such review is required in recognition of the potential impacts of drive-through uses on adjoining residential uses and arterial systems.

C.

Elements of Review. Review is intended to modify or mitigate negative impacts upon adjoining residential uses and arterial systems. It shall include consideration of impacts of noise and fumes to residential uses, impacts to traffic flow, and carrying capacity to arterial systems.

(Ord. 2274 § 1 (part), 2000)

Yard or garage sales shall be permitted as an accessory use to a dwelling, provided all of the following provisions are met:

A.

Only two yard sales per dwelling unit per year shall be allowed; and

B.

Each yard sale shall not exceed three days in duration.

(Ord. 2274 § 1 (part), 2000)

Caretaker dwellings or shelters for the occupancy of guards, watchmen, or caretakers may be permitted as accessory uses in the C-1, C-2, CBD, W/W and L-I districts subject to Class 3 review. A caretaker dwelling or shelter located within the structure used for the principal use may be permitted subject to Class 2 review in the C-l, C-2, and CBD districts.

(Ord. 2274 § 1 (part), 2000)

Swimming pools are permitted as an accessory use to: dwellings, hotel/motels, boardinghouses, retirement homes, and other residential uses; schools, and recreational facilities if the following provisions are met:

A.

Setbacks.

1.

Front Yard. The swimming pool, apron, and pump-house meet the required front yard setback in Table 17.05.020;

2.

Side and Rear Yard. The swimming pool and pump-house are setback at least three feet from the property line. The swimming pool apron may extend up to the property line, provided that provisions are made to retain stormwater on-site;

3.

From an Easement. The swimming pool, apron, and pump-house may extend up to, but shall not encroach upon, an easement.

B.

Fencing. A protective fence, not less than four feet in height, encloses the area around the pool.

(Ord. 2274 § 1 (part), 2000)

A.

Purpose. The conduct of business within a property may be permitted in the residential districts under the provisions of this section. It is the intent of this section to:

1.

Insure the compatibility of the home occupations or other uses permitted in the residential districts;

2.

Maintain and preserve the character of residential neighborhoods;

3.

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 17.04.090 titled "Permitted Home Occupations" is incorporated as part of this section. Each permitted home occupation listed in Table 17.04.090 is designated as a Class (1), (2), or (3) use for a particular residential zoning district. All permitted home occupations are subject to the standards of this title, including the specific conditions of Section 17.04.090(C) and applicable review procedures of Chapters 17.12, 17.13, and 17.14. Specific uses not permitted as home occupations are listed in Section 17.04.090(G).

C.

Necessary Conditions. Home occupations are permitted as an accessory use to the residential use of a property only when all of 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);

2.

The home occupation is incidental and subordinate to the residential functions of the property;

3.

No action related to the home occupation shall be permitted that impairs residential use of the dwelling;

4.

There are no external alternations to the building that changes its character from a dwelling;

5.

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;

6.

The business is conducted in a manner that will not alter the normal residential character of the premises because of color, materials, lighting and signs, or the emission of noise, vibration, dust, glare, heat, smoke, or odors;

7.

The home occupation does not generate materially greater traffic volumes than would normally be expected in a residential neighborhood;

8.

There is no outside storage or display, of any kind, related to the home occupation;

9.

The home occupation does not require the use of electrical or mechanical equipment that would change the fire rating of the structure;

10.

The home occupation does not require the use of electrical equipment that exceeds the FCC standards for residential use;

11.

The home occupation does not increase water or sewer use so that the combined total use for the dwelling and home occupation is significantly greater than the average for residences in the neighborhood;

12.

A business license is purchased, when required;

13.

No more than one person outside the resident family shall be employed in the home occupation;

14.

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.

Any home occupation authorized under the provisions of this title shall be opened 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.

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 and shall not exceed two square feet in area, or be illuminated.

E.

Application, Fee, and Review Period. Application for a home occupation shall be made in accordance with the provisions of Title 18, except as noted, and shall be accompanied by the appropriate filing fee. The administrative official may waive part or all of the requirements for a site plan for Class (1) home occupations.

F.

Unclassified Home Occupations, Review by the Hearing Examiner. The hearing examiner, in accordance with the provisions of Chapter 17.24, shall review home occupations not listed in Table 17.04.090 and subsection (G); 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.

G.

Home Occupations Not Permitted. The following uses, by the nature of their operation or investment, have a pronounced tendency to grow 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;

2.

Antique shop or gift shop;

3.

Kennel;

4.

Veterinary clinic or hospital;

5.

Painting of vehicles, trailers, or boats;

6.

Large appliance repair, including stoves, refrigerators, washers and dryers;

7.

Upholstering;

8.

Machine and sheet metal shops;

9.

Martial arts school;

10.

Taxidermist;

11.

Two-way radio and mobile telephone system sales and service;

12.

Vehicle sign painting (except for the application of decals).

H.

Denial of Application for a Home Occupation. An application for a home occupation shall be denied if the reviewing official finds that either the application or the record fails to establish compliance with the provisions of this chapter. When any application is denied, the reviewing official shall state the specific reasons, and shall cite the specific provisions and sections of this title on which the denial is based.

I.

Parking. The administrative official shall determine parking requirements for home occupations, as provided by Chapter 17.06.040(B). This determination may be guided by, but not restricted by, the standards of Chapter 17.06.

(Ord. 2407 (part), 2004; Ord. 2274 § 1 (part), 2000)

Table 17.04.090

HOME OCCUPATIONS

1. Permitted outright, business license required

2. Permitted subject to Class 2 review

3. Permitted subject to Class 3 review

Blank, not permitted

Temporary use permits may be issued by the building official for temporary structures and associated site improvements used for the storage of equipment or supervisory offices in connection with major construction projects; provided, that such temporary structures and associated site improvements may not be maintained for more than one year. The building official may extend this period for one additional year.

(Ord. 2274 § 1 (part), 2000)

A.

In addition to the maximum number of dwelling units permitted on a lot, a mobile/manufactured home may be permitted as a temporary use in all zoning districts. Applications for a temporary hardship unit permit shall be subject to Class (3) review, and shall only be issued when all of the following conditions are met:

1.

The applicant provides a physician's statement certifying the accessory living quarters are for a person(s) requiring daily care or supervision;

2.

The temporary hardship unit meets the minimum setback and height standards for principal uses in the applicable district;

3.

The temporary hardship unit and principal dwelling together do not exceed the lot coverage standards for the applicable district;

4.

The temporary hardship unit has an approved sewage disposal system, water supply, and electrical connection prior to occupancy;

5.

The approval of the unit will not materially harm the public interest, the intent of the district, or the character of the neighborhood.

B.

Only one temporary hardship unit shall be permitted on a parcel. Temporary hardship unit permits shall be subject to annual renewal, at which time the building official shall review and certify the justification for continuation of the use, or terminate the permit. The temporary hardship unit shall be removed within ninety days from termination of the use, or revocation of the permit. The responsibility for applying for and obtaining an extension of the temporary use permit shall be solely that of the permit holder.

(Ord. 2274 § 1 (part), 2000)

The maximum municipal sewer and water demands in the L-I district are as follows. Any use exceeding these limitations shall be subject to issuance of a conditional use permit. The administrator may require that a registered professional engineer certify the estimated flows for any proposed use:

A.

Discharge to Public Sewer.

1.

Average Day. Three hundred sixty gallons per day/gross acre.

2.

Maximum Day. Eight hundred seventy gallons per day/gross acre.

B.

Municipal Water Demand.

1.

Average Day. One thousand one hundred ninety gallons per day/gross acre.

2.

Instantaneous Peak. One and three-tenths gallons per minute/gross acre.

(Ord. 2274 § 1 (part), 2000)

Uses in the C-1 district shall be limited to a maximum gross floor area of ten thousand square feet excluding caretaker's residence.

(Ord. 2274 § 1 (part), 2000)

A.

In the residential districts, and as an accessory use to a dwelling, in any district, the following is permitted:

1.

The placement of a temporarily occupied recreational vehicle, adjacent to an occupied residence, to be used exclusively for visitors and guests of that residence for a time period of up to fourteen days in each calendar year, provided the administrator may grant one extension for an additional fourteen days each year;

2.

The temporary placement of a recreational vehicle adjacent to a vacant residence, under construction or renovation, for a time period of up to six months. The administrator may grant one extension for a period of up to six additional months;

3.

One recreational vehicle, mobile, or manufactured home is permitted adjacent to a commercial, industrial, or institutional building under construction subject to the following:

a.

The structure must be placed on the same parcel as the building under construction,

b.

The maximum time of placement is one year, provided the administrator may grant one extension for a period of up to one year.

B.

Parking lots in the commercial and manufacturing districts may have a recreational vehicle used as temporary living quarters subject to the following:

1.

The parking lot meets the improvement standards of Section 17.06.110;

2.

Spaces occupied by the recreational vehicle and tow vehicles are in excess of the number of spaces required for the underlying business as determined by Table 17.06.040;

3.

The recreational vehicle is allowed for a maximum of two weeks per calendar year, provided the administrator may grant an extension of an additional two weeks;

4.

The units must be fully self-contained and all wastewater, including gray water, is disposed of properly;

5.

Where permanent dedicated potable water, sewage disposal, and electrical power hookups are provided, recreational vehicles are allowed for a maximum of four weeks, provided the administrator may grant an extension for an additional four weeks;

6.

Recreational vehicles and other structures used solely in the conduct of a temporary business for which a business license has been issued, such as an automobile sale, Christmas tree lots, and carnivals shall be allowed for a period of up to four weeks per calendar year, provided the administrator may grant an extension of four additional weeks;

7.

A permit is obtained prior to placement of the recreational vehicle.

C.

As an accessory use to a recreational vehicle manufacture in any district, recreational vehicles occupied by customers of the manufacture in conjunction with sales, service and promotional activities are permitted outright, provided that the length of stay does not exceed seven calendar days.

(Ord. 2274 § 1 (part), 2000)