Chapter 17.43


17.43.010    Intent.

17.43.020    Permitted uses.

17.43.030    Accessory uses.

17.43.040    Conditional uses.

17.43.050    Prohibited uses.

17.43.060    Development standards.

17.43.070    Off-street parking requirements.

17.43.080    Landscaping.

17.43.090    Signs.

17.43.100    Repealed.

17.43.110    Design standards and guidelines.

17.43.010 Intent.

The intent and objective of this classification and its application is to provide for the location of a grouping of uses which are considered compatible uses having common or similar performance standards in that they represent types of enterprises involving the rendering of services, both professional or to the person, or on-premises retail activities. This zone represents the primary commercial designation for small- to moderate-scale commercial activities and should be developed in a manner which is consistent with and attracts pedestrian-oriented activities. This zone encourages leisure shopping and provides amenities conducive to attracting shoppers. (Ord. 15-09 § 9 (Exh. B), 2015)

17.43.020 Permitted uses.

Hereafter all buildings, structures or parcels of land shall only be used for the following, unless otherwise provided for in this title:

A. Arcades for games;

B. Art, music and photography studios;

C. Automobile parking facilities;

D. Automobile sales and leasing, new and/or used, including light pickup trucks and vans but not including recreational vehicles or heavy trucks, provided the following requirements are met:

1. The business shall be located on an arterial;

2. No repairing, painting or body work shall be conducted outside of a building and no parts storage or inoperable vehicles may be stored outside of a building;

3. If abutting a residential zone, a Type 1 screening shall be required meeting the requirements of EWMC 17.72.080(A) along all property lines abutting a residential zoning district;

4. A minimum of a 25-foot setback shall be required of any building abutting any residential zone;

5. Other landscaping or architectural improvements may be required to ensure compatibility with present and potential C-L uses in the vicinity; and

6. Vehicle storage may not occupy more than 60 percent of the site that is not covered by structures;

E. Automobile service stations, provided they are located at the intersection of two streets, one of which must be an arterial;

F. Bakery and pastry shops; products made must be sold at retail on premises;

G. Banking and related financial institutions, including drive-in facilities;

H. Bowling alleys;

I. Brew pubs;

J. Child day care facilities, including Group 1 and 2 child day care centers and family day care homes;

K. Civic, social and fraternal clubs;

L. Dance studio;

M. Delicatessens;

N. Dry cleaning and laundry services;

O. Funeral homes;

P. Government facilities;

Q. Grocery stores;

R. Hobby shops;

S. Hospitals and medical and dental clinics;

T. Hotels;

U. Household goods mini-storage, provided the following requirements are met:

1. No more than two main entrances and/or exits to the building and access to the individual storage areas shall be from the inside of the building;

2. Landscaping and architectural improvements required to ensure compatibility with present and potential C-L uses in the vicinity;

V. Laundry, self-service;

W. Massage parlors;

X. Meeting rooms and/or reception facilities;

Y. Motels;

Z. Nursing home, or assisted living facility;

AA. Personal service shops;

BB. Pharmacies;

CC. Printing and publishing;

DD. Professional offices;

EE. Radio and television broadcasting studios;

FF. Residential Structures, Existing. Existing residential structures, legally established before the effective date of this zoning district, are permitted to continue as a place of habitation; provided, if the structure housing the residential use obtains an occupancy permit for any other use established in this section, the residential status protected under this provision is revoked;

GG. Retail stores and shops, including department and variety stores;

HH. Religious institutions;

II. Restaurant, including outdoor seating and drive-in facilities. Sale of alcoholic beverages is a secondary use and is limited to on-premises consumption;

JJ. Schools – commercial, including art, business, barber, beauty, dancing, martial arts and music;

KK. Secretarial services;

LL. Theaters, except drive-in;

MM. Veterinary services and clinics for small animals; no outside runs or kennels are permitted;

NN. Wireless communications facilities. (Ord. 19-11 § 5 (Exh. A), 2019; Ord. 15-09 § 9 (Exh. B), 2015)

17.43.030 Accessory uses.

A. Caretaker or owner residence;

B. Mixed-use development; provided, that each use is a permitted or conditional use within the zone. Multiple-family dwellings or duplexes as part of a mixed-use development; provided, that compliance to all of the following is demonstrated:

1. Multiple-family dwellings or duplexes shall only occur concurrent with or subsequent to the development and construction of nonresidential components of the mixed-use development;

2. Applications for mixed-use development inclusive of multiple-family residential dwellings and duplexes shall include transportation and traffic analyses appropriate to the type and scale of the proposed development based on the concurrent determination of the city engineer. The city engineer may require the analysis to address, including, but not limited to, a.m. or p.m. traffic impacts; and/or area circulation planning for motorized and nonmotorized modes of travel and connectivity; and/or transportation demand management (TDM) strategies;

3. Applications for the mixed-use development inclusive of multifamily residential dwellings or duplexes shall include written and plan information demonstrating compliance to applicable design standards for mixed-use development contained in the Greater East Wenatchee Area Design Standards and Guidelines;

4. Mixed-use development comprised of a maximum of one building on a development site must have the entire ground floor comprised of one or more commercial retail, entertainment or office uses. Uses normal and incidental to the building, including, but not limited to, interior entrance areas, elevators and associated waiting areas, mechanical rooms, and garbage/recycling areas, may be allowed on the ground floor and are permitted. Non-street frontage vehicle garages located on the ground floor together with all other normal and incidental uses shall occupy a maximum of 50 percent of the ground floor space; and

5. Mixed use development that is geographically distributed on a development site amongst two or more buildings must have a minimum of 50 percent of the cumulative building ground floor square footage comprised of one or more commercial retail, entertainment or office uses that are permitted outright or conditionally. (Ord. 15-09 § 9 (Exh. B), 2015)

17.43.040 Conditional uses.

The following uses may be permitted when a conditional use permit has been issued pursuant to the provisions of Chapters 17.64 and 17.92 EWMC, including all future amendments:

A. Utility substations or facilities.

B. Duplexes or multifamily housing when not an accessory use in accordance with the provisions of EWMC 17.64.140, including all future amendments. (Ord. 15-09 § 9 (Exh. B), 2015)

17.43.050 Prohibited uses.

All uses not listed above as permitted uses, accessory uses, or conditional uses shall be prohibited uses. Upon application to the hearing examiner, the hearing examiner may rule that a use not specifically named in the permitted uses of a district shall be included among the allowed uses if the use is of the same general type and is similar to the permitted uses; however, this section does not authorize the inclusion of a use in a district where it is not listed when the use is specifically listed in another district.

Prohibited uses include but are not limited to:

A. Adult entertainment or adult entertainment facility;

B. General industrial uses;

C. Marijuana-related business;

D. Residential uses, except as specifically permitted in this chapter;

E. Storage of explosives or materials of such character or in such quantities as to constitute a significantly greater hazard to persons, property or environmental health than that posed by materials commonly used or stored in the ordinary retail and service establishments permitted in this district;

F. Vehicle wrecking yards including junk, scrap metal, and other material salvage operations, with the exception of recycling centers, or as provided in this chapter. (Ord. 15-09 § 9 (Exh. B), 2015)

17.43.060 Development standards.

A. Minimum lot area: none required.

B. Minimum lot width: none required.

C. Minimum lot depth: none required.

D. Maximum lot coverage: 65 percent for all buildings.

E. Maximum building height: 50 feet.

F. Minimum Setbacks.

1. Front: 10 feet.

2. Side, interior: none required.

3. Side, street: 10 feet.

4. Rear: none required.

5. Notwithstanding the foregoing, side and rear yards shall be 20 feet when the lot abuts a residential district.

G. All uses shall be conducted entirely within a building or structure except:

1. Automobile parking lots;

2. Automobile sales and leasing;

3. Display or sales of goods that do not extend eight feet past the front of the building, do not block entrances or interfere with pedestrian travel, do not interfere with the parking areas and do not encroach upon public property;

4. Outdoor seating for restaurants, theaters or other entertainment;

5. Unloading and loading areas;

6. Utility substations or facilities;

7. Refuse containers;

8. Play areas for day cares.

H. Any repairing done on the premises shall be incidental only, and limited to custom repairing of the types of merchandise sold on the premises at retail. The floor area devoted to such repairing shall not exceed 30 percent of the total floor area occupied by the particular enterprises, except that the limitations of this subsection shall not apply to shoe, radio, television or other small appliance repair services.

I. Storage shall be limited to accessory storage of commodities sold at retail on the premises or materials used in the limited fabrication of commodities sold at retail on the premises. No outside storage is permitted.

J. All storage shall be within an enclosed building or entirely enclosed with a view-obscuring fence supplemented with a landscape strip located between the fence and the property line. Said land

scaping strip shall comply with the requirements of EWMC 17.72.080(A) for Type I landscaping, including all future amendments.

K. The display of products or outdoor exhibits for public view or show is permitted; provided, that products for sale or rent are stored or displayed outdoors only during business hours and that such products are not located within any pedestrian walkway, parking areas or rights-of-way. Displays of automobiles, boats, farm equipment, and recreational vehicles intended for sale are exempt from this provision provided they are located within an approved display area.

L. Operations conducted on the premises shall not be objectionable beyond the property boundary lines by reason of noise, odor, fumes, gases, smoke, vibration, hazard or other causes.

M. No on-site hazardous substance processing and handling or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On-site hazardous waste treatment and storage facilities shall be subject to the state siting criteria (Chapter 70.105 RCW). (Ord. 15-09 § 9 (Exh. B), 2015)

17.43.070 Off-street parking requirements.

Off-street parking space shall be required in accordance with the provisions set forth in Chapter 17.72 EWMC, including all future amendments. (Ord. 15-09 § 9 (Exh. B), 2015)

17.43.080 Landscaping.

Landscaping shall be required pursuant to the terms of Chapter 17.72 EWMC, including all future amendments. (Ord. 15-09 § 9 (Exh. B), 2015)

17.43.090 Signs.

Signs shall comply with the requirements of Chapters 15.24 and 17.74 EWMC, including all future amendments. (Ord. 15-09 § 9 (Exh. B), 2015)

17.43.100 Site plan review.

Repealed by Ord. 22-08. (Ord. 15-09 § 9 (Exh. B), 2015)

17.43.110 Design standards and guidelines.

Development within this district shall comply with the applicable sections of the Greater East Wenatchee Urban Growth Area Design Standards and Guidelines, which are adopted by this reference as if fully set forth herein, including all future amendments. (Ord. 15-09 § 9 (Exh. B), 2015)