Walla Walla County Unincorporated
City Zoning Code
City Zoning Code
CHAPTER 17
16 - PERMITTED USES
17.16.010 - Establishment of uses.
The use of a property is defined by the activity for which the building or lot is intended, designed, arranged, occupied or maintained. All applicable requirements of this code, or other applicable state or federal requirements, shall govern a use located in unincorporated Walla Walla County. Marijuana cooperatives, marijuana producers, marijuana processors, marijuana retailers, and the sale of marijuana and/or marijuana products are prohibited land uses in unincorporated Walla Walla County. (Ord. 269 (part), 2002; Ord. 312 (part), 2005; Ord. 343 §§ 1, 2, 2007)
(Ord. No. 371, § III(Exh. A, Pt. D), 8-3-2009; Ord. No. 425, § II, 11-17-14; Ord. No. 461, § II, 12-23-2016)
17.16.012 - Interpretation of land use tables.
A.
The land use tables in this chapter determine whether a specific use is allowed in a zone district. The zone district is located on the vertical column and the specific use is located on the horizontal row of these tables.
B.
If no symbol appears in the box at the intersection of the column and the row, the use is not allowed in that district.
C.
If the letter "P" appears in the box at the intersection of the column and the row, the use is allowed in that district subject to the review procedures and general requirements of the code.
D.
If the letter "C" appears in the box at the intersection of the column and the row, the use is allowed subject to the conditional use review process specified in Chapter 17.40.
E.
If the letters "AC" appear in the box at the intersection of the column and the row, the use is allowed subject to the administrative conditional use review process specified in Chapter 17.40.
F.
If a number appears in the box at the intersection of the column and the row, the use maybe allowed subject to the specific conditions indicated in the development condition with the corresponding number immediately following the land use table. (Ord. 269 (part), 2002)
17.16.013 - Interpretation of land use types.
The director or her or his designee shall determine whether a proposed land use not specifically listed in a land use table is allowed in a zone. The director's determination shall be based on whether or not permitting the proposed use in a particular zone is consistent with the purposes of this title and the zone's purpose as set forth in Section 17.12.040, by considering the following factors:
A.
The physical characteristics of the use and its supporting structures, including but not limited to scale, traffic and other impacts, and hours of operation; and
B.
Whether or not the use complements or is compatible with other uses permitted in the zone.
C.
Whether the location of the use in a particular zone is consistent with the goals and policies of the comprehensive plan.
D.
If the use would require a zoning code text amendment. (Ord. 269 (part), 2002)
17.16.014 - Permitted uses table.
Residential Land Uses
Residential Land Uses
A.
Residential Land Uses—Development Conditions.
1.
The temporary placement of mobile/manufactured homes only applies to situations where there exists a personal hardship related to the aged, infirm or to persons incapable of maintaining a separate residence, whereby it is necessary to have someone living on the same premises. The following provisions are also required:
a.
A signed doctor's statement indicating the need for care shall be submitted with the application;
b.
The permit shall be issued for a specific person(s) and for a period of one year, requiring annual review and renewal. No change in occupancy shall take place without review of the planning commission. The mobile/manufactured home shall be removed within ninety days after the original need has ceased;
c.
The county health department shall approve the provisions of water and sewer service to the temporary dwelling unit;
d.
Each granting does not constitute an approval to divide land. The location of a temporary dwelling unit on a parcel of land shall not be considered the creation of a separate dwelling site and the lot area, frontage and access requirements of the applicable zoning district shall not apply.
2.
See the definition of accessory dwelling unit in ch. 17.08.
3.
An accessory use, structure or activity clearly incidental to the permitted use and which will not create a nuisance or hazard if permitted.
4.
Proposed home occupations shall be subject to the review process and requirements described in sections 17.08.260 and 17.08.261.
5.
Farmworker dwellings to accommodate agriculture employees and their families employed by the owner of the premises are permitted, provided that only three accessory farmworker dwelling units are permitted on a lot in addition to the owner's single-family residence and that each lot has a minimum of twenty acres and; provided further that such housing facilities shall be considered accessory to the main dwelling and shall conform to the provisions of the district pertaining to required yards and open spaces for dwellings. Verification of half time or greater employment is required before issuance of building permit.
6.
Only permitted within an approved Planned Unit Development. Increased density for two-family dwellings (duplex) and townhouses is a recognized public benefit in the R-96, R-72, R-60, RD-R, RFC, and RAC zoning districts.
7.
Transient labor camps are permitted provided they meet the state's minimum health and safety requirements for temporary worker housing (246-3 58 WAC Temporary Housing Rules).
8.
The accessory dwelling unit, excluding any garage area and other non-living areas, is prohibited on the first floor of the primary building.
9.
Any lot with a Type II bed and breakfast shall be limited to a total of three residential buildings, including the primary dwelling unit and any accessory building containing guest rooms or farmworker dwellings.
10.
Only allowed within the Burbank urban growth area.
Retail/Wholesale Land Uses
Retail/Wholesale Land Uses
B.
Retail/Wholesale Land Uses—Development Conditions.
1.
The primary building cannot exceed twenty thousand square feet per establishment.
2.
No gasoline or oil pump or appliance may be located within twelve feet of any street or property line unless within a building.
3.
Any accessory use, structure or activity clearly incidental to a permitted use and which will not create a nuisance or hazard is permitted.
4.
Livestock trailer sales and service uses shall be subject to the following conditions:
a.
The use shall be located, designed and operated so as not to interfere with the overall agricultural use of neighboring properties and of the site, if applicable, by these standards:
1.
The footprint of the operation may not exceed ten acres of land including buildings and parking.
2.
Buildings or portions of buildings associated with the facility shall not exceed a maximum of twenty thousand square feet per building.
3.
Limited to parcels that are less than one-half mile from Highway 12.
Government/General Services Land Uses
Government/General Services Land Uses
C.
Government/General Services Land Uses—Development Conditions.
1.
The primary building cannot exceed twenty thousand square feet per establishment.
2.
Permitted if conducted within an enclosure not less than eight feet in height with a solidity of not less than sixty percent and setback fifty feet from any public street.
3.
An accessory use, structure or activity clearly incidental to a permitted use and which will not create a nuisance or hazard is permitted.
4.
All cages, runs, pens or kennels used for holding animals shall be at least twenty-five feet from property lines and be kept in a clean and sanitary condition, and must be disinfected on a routine basis. All waste material must be disposed of daily in a sanitary method in accordance with regulations of the city/county health department. Cages and kennels must be of sufficient size to allow for exercise and maintenance of sanitary conditions.
Animals must be provided with adequate shelter to protect them from extremes of temperature and from rain and snow.
Fencing shall be adequate to contain all animals and to restrict the entry of animals not under the control of the kennel operator.
The kennel may be inspected during any reasonable hour by the director, the health officer or by the animal control officer, for compliance with these regulations, and/or the provisions of Title 6 of the Walla Walla County Code.
The following shall be considered when a conditional use permit is reviewed for a commercial kennel:
a.
Noise;
b.
Proximity to and compatibility with adjacent uses;
c.
Lot size and isolation;
d.
Location of kennel on the lot;
e.
Screening and buffering;
f.
Number of animal accommodations.
5.
Wedding and Event Centers are permitted outright at golf courses located within county land zoned Agriculture Residential-10 acre where the golf course has both facilities and parking to accommodate the use. Wedding and event centers not located at golf courses must be reviewed under either an administrative conditional use permit or conditional use permit, depending on the type.
6.
Allowed only at schools and fire stations.
Industrial/Manufacturing Land Uses
Industrial/Manufacturing Land Uses
D.
Industrial/Manufacturing Land Uses—Development Conditions.
1.
An accessory use, structure or activity clearly incidental to a permitted use and which will not create a nuisance or hazard is permitted.
2.
Industrial Uses Limits. Industrial uses shall be subject to the following conditions:
a.
The noise emanating from industrial activities shall be controlled so as not to become objectionable due to intermittent beat, frequency, volume and duration.
b.
Industrial and exterior lighting shall not produce glare on public highways and neighboring property. Arc welding, acetylene torch cutting or similar processes shall be screened from any point outside of the property.
c.
The storage and handling of inflammable liquids, liquefied petroleum gases, and explosives shall comply with rules and regulations of the state and other county regulations, the Uniform Building Code, and the Uniform Fire Code.
d.
Provisions shall be made for shielding or other preventive measures against electromagnetic interferences occasioned by mechanical, electrical and nuclear equipment, uses, or processes.
e.
The emission of odors shall be minimized and the emission of any toxic or corrosive fumes or gases shall be prohibited. Dust, smoke and other types of air pollution shall be minimized.
f.
Liquid and solid wastes, and storage of animal or vegetable waste which attracts insects or rodents or otherwise creates a health hazard shall be prohibited. No waste products shall be exposed to view from eye level from any property line in an industrial district.
g.
All storage shall be located within an area not closer than twenty feet from the street right-of-way line and shall be enclosed with a heavy wire fence or of a similar type, with the top of said fence not to be less than eight feet above the adjoining street level, or by an attractive hedge or board fence at least eight feet high. In the case of the open storage of lumber, coal, or other combustible material, a roadway shall be provided, graded, surfaced and maintained from the street to the rear of the property to permit access of fire trucks.
3.
See Chapter 17.22 for winery and brewery development standards.
4.
The primary building not to exceed thirty thousand square feet per establishment.
Editor's note— At the request of the county a duplicate reference to the "GC" district in the key to the above table was deleted.
Recreational/Cultural Land Uses
Recreational/Cultural Land Uses
E.
Recreational/Cultural Land Uses—Development Conditions.
1.
See Chapter 17.32 WWCC for RV park and campground development regulations.
2.
An accessory use, structure or activity clearly incidental to a permitted use and which will not create a nuisance or hazard is permitted.
a.
Buildings associated with accessory uses must be in or adjacent to a farm center if one is present.
b.
Buildings associated with accessory uses shall not exceed fifty thousand square feet in area.
3.
Up to twenty thousand square feet per establishment.
4.
See Chapter 17.26 WWCC for animal standards.
5.
This land use type shall not be permitted on lands identified as primary significance or unique farmlands per the adopted maps of the agricultural lands advisory committee.
6.
The primary building not to exceed twelve thousand square feet per establishment.
7.
Gun/Archery Ranges (Outdoor).
a.
Permitted only as a private use not open commercial to the public.
b.
Club-type ranges are allowed as part of this permitted use.
8.
Hunting/Fishing Lodges.
a.
Must be accessory to an existing farm.
b.
May include a shooting range for lodge guests.
c.
Lodging is permitted as an accessory use to a hunting club and the lodging is limited to twelve persons at one time.
d.
Each guest will be allowed to stay a maximum of thirty days per year.
e.
Ten recreational vehicle spaces are allowed in conjunction with a lodge.
f.
Must be sited on a parcel that conforms to the minimum lot size in the zoning district assigned to the property.
g.
May be sited on unfarmed lands or on poorer soils.
9.
All-Terrain Vehicle Park.
a.
No more than five ATV parks are permitted at any one time in the Primary Agricultural-40 zoning district.
b.
ATV parks are prohibited on lands in current crop production. ATV parks can be established on rangelands and/or on fallow lands and/or during post-harvest conditions such as stubble during crop rotation cycles.
c.
May include mountain bicycles.
d.
Shall not include grandstands or any other temporary or permanent structures.
e.
Shall not include any permanent vendors or concession stands, temporary or permanent.
f.
ATV parks cannot be sited in critical areas.
g.
All sanitary facilities must satisfy health department regulations.
10.
All existing assembly halls established be-fore May 15, 2001 will remain as nonconforming uses.
11.
Equestrian parks and riding facilities are limited in size and scale as follows:
a.
A maximum of one hundred visitors may be on the site for an event at any one time.
b.
The footprint of the operation may not exceed five acres of land including but not limited to arenas, buildings, parking. This limitation does not include trails.
c.
Buildings or portions of buildings associated with a facility shall not exceed a cumulative maximum of thirty thousand square feet per establishment.
Resource Land Uses
Resource Land Uses
F.
Resource Land Uses—Development Conditions.
1.
An accessory use, structure or activity clearly incidental to a permitted use and which will not create a nuisance or hazard is permitted.
2.
A permit is required for all agritourism enterprises and small scale value-added agriculture processing facilities.
Regional Land Uses
Regional Land Uses
G.
Regional Land Uses—Development Conditions.
1.
Only permitted when conducted within an enclosure not less than eight feet in height with a solidity of not less than sixty percent and located at least fifty feet from any public street.
2.
An accessory use, structure or activity clearly incidental to a permitted use and which will not create a nuisance or hazard is permitted.
3.
Radio and television broadcasting towers must comply with the following conditions:
a.
The applicant shall demonstrate that the selected tower design is as visually unobtrusive as possible, considering technical, engineering, economic or other constraints.
b.
The tower shall be painted silver or the galvanized finish be retained on towers less than two hundred feet or unless otherwise required by the FAA.
c.
Appropriate landscaping may be required and/or fencing and signage for radiation.
d.
No nighttime lighting of the tower may take place unless required by the FAA.
e.
The tower shall meet the minimum front yard setback for the district in which it is located or twenty percent of its height, whichever is greater and be set back from the side and rear property lines equal to twenty percent of its height.
4.
If located within one mile of another wireless communication facility, a conditional use permit is required.
5.
A conditional use permit for a wireless communication facility shall be subject to the following additional standards:
a.
Such facilities shall not be injurious to the neighborhood or otherwise detrimental to the public welfare.
b.
The applicant shall demonstrate the need for the proposed tower (wireless communication support structure) to be located near a residential area, the procedures involved in the site selection and an evaluation of alternative sites and existing facilities on which the proposed facility could be located or co-located.
c.
A site development plan shall be submitted showing the location, size, screening, and design of all buildings and structures, including fences, the location, size and nature of outdoor equipment, and the location, number, and species of all proposed landscaping.
d.
The facility shall be designed to be aesthetically and architecturally compatible with the natural and built environment. This includes, but is not necessarily limited to, building design and the use of exterior materials harmonious with the character of the surrounding neighborhood and the use of landscaping and privacy screening to buffer the facilities and activities on the site from surrounding properties. Any equipment or facilities not enclosed within a building (e.g., towers, transformers, tanks, etc.) shall be designed and located on the site to minimize adverse impacts on surrounding properties.
e.
The applicant shall demonstrate a justification for the proposed height of the structures and an evaluation of alternative designs which might result in lower heights. If additional height over that allowed in the zone is justified, it may be approved by the planning commission.
f.
The applicant shall include an analysis of the feasibility of future consolidated use of the proposed facility with other utility facilities.
These requirements shall not apply to utility facilities located on a property which are accessory to the property or to the transmission, distribution or collection lines and equipment necessary to provide a direct utility connection to the property or neighboring properties, or to those utility facilities located on public right-of-way.
6.
See Development Standards for Wireless Communication Facilities, Chapter 17.34.
7.
If located within one-half mile of another wireless communication facility, a conditional use permit is required. (Ord. 269 (part), 2002; Ord. 302, 2004; Ord. 307 (part), 2004; Ord. 322 Attach. F (part), 2005; Ord. 325 (Exhs. 1, 2), 2005; Ord. 339 § 2, 2007; Ord. 342 § 2, 2007; Ord. 347 § 2, 2007; Ord. 349 § 1, 2007; Ord. 357 § 3, 2007; Ord. 359 § 1, 2007; Ord. 364 § 1, 2008)
(Ord. No. 366, § 1, 10-20-2008; Ord. No. 367, § 1, 10-27-2008 Ord. No. 371, § III(Exh. A, Pt. D), 8-3-2009; Ord. No. 382, § III(Exh. A), 5-17-2010; Ord. No. 392, § III, 12-20-1010; Ord. No. 397, Exh. A, § III, 6-20-2011; Ord. No. 401, § III(Exh. A), 11-15-2011; Ord. No. 408, § III(Exh. A), 1-3-2012; Ord. No. 423, § III(Exh. A), 1-27-2014; Ord. No. 426, § III(Exh. B), 12-15-2014; Ord. No. 428, § III(Exh. A), 12-15-2014; Ord. No. 440, § III(Exh. A, § II), 12-14-2015; Ord. No. 441, § III(Exh. A, § II), 12-14-2015; Ord. No. 445, § IV(Exh. B), 6-27-2016; Ord. No. 446, § IV(Exh.B), 6-27-2016; Ord. No. 450, § III(Exh. A), 8-15-2016; Ord. No. 461, § IV(Exh. B), 12-12-2016; Ord. No. 463, § IV(Exh. B), 5-1-2017; Ord. No. 473, § III(Exh. A, § 1), 10-15-2018; Ord. No. 476, § III(Exh. A), 8-5-2019; Ord. No. 487, § III(Exh. A, § 2), 2-1-2021; Ord. No. 488, § IV(Exh. B, § 2), 5-24-21)
Editor's note— Ord. No. 371 contained a scrivener's error that in some cases set out the "Exclusive Agricultural District" as the "Exclusive Agreement District" in section 17.16.014 above. This scrivener's error has been corrected by the county during the codification of Ord. No. 371 in this Code.
17.16.015 - Permitted uses—Airport development district.
A.
The airport development district permits the full range of agricultural, aviation, industrial, office and commercial, public and quasi-public uses and incidental accessory uses.
B.
Specific use or uses of buildings and sites will be permitted by approval of the airport board, based on its land use and development plan. (Ord. 187 (Exh. A (part)), 1986)
(Ord. No. 371, § III(Exh. A, Pt. D), 8-3-2009)
17.16.020 - General requirements and procedure—Rural Residential Mill Creek-5 district.
A.
Upon receipt of a completed application for the creation of a lot within the RRMC-5 district, the planning director shall, within fourteen days approve or deny the proposal. All property owners within one thousand feet of the exterior boundaries of the lot to be created shall be notified of staff's action at the time of approval or denial. Such decision by the planning department shall be final and conclusive unless an appeal is filed within ten days from the date of mailing of the notices. If an appeal is received, a date for public hearing shall be set before the county planning commission after which their decision may also be appealed to the board of county commissioners.
B.
Application and appeal fees shall be the same as those established in Ordinance 198.
C.
All land divisions, within the RRMC-5 district shall comply with Walla Walla County Code, Title 16.
D.
Joint driveways shall be required wherever feasible. (Ord. 287, Part B, §8, 2004)
(Ord. No. 371, § III(Exh. A, Pt. D), 8-3-2009)