Chapter 15.310
PERMITTED USES

Sections:

15.310.010    Purpose.

15.310.020    Interpretation of land use tables.

15.310.030    Accessory uses.

15.310.040    Use tables.

15.310.050    Supplemental P-R zone provisions.

15.310.010 Purpose.

A.    The purpose of this chapter is to establish the uses generally permitted in each zone which are compatible with the purpose of the zone and other uses allowed within the zone.

B.    The use of a property is defined by the activity for which the building or lot is intended, designed, arranged, occupied, or maintained.

C.    The use is considered permanently established when that use will be or has been legally established in continuous operation for a period exceeding 60 days. A use which will operate for less than 60 days is considered a temporary use, and subject to the requirements of a temporary use permit (see ECC 15.250.010). [Ord. 4656 § 1 (Exh. O2), 2013.]

15.310.020 Interpretation of land use tables.

A.    The land use tables in this chapter determine whether a use is allowed in a zoning district. The zoning district is located on the vertical column and the 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, except for certain temporary uses.

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 Type I review procedures set forth in Chapter 15.210 ECC plus other applicable requirements in this title. Where the use is associated with new development, it is subject to the Type II review procedures, also set forth in Chapter 15.210 ECC.

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 procedures specified in ECC 15.250.040 and the general requirements of the code.

E.    If the letter “A” appears in the box at the intersection of the column and the row within the P-R zone column, the use is allowed as an accessory use to the primary permitted public on the property and is allowed in the district subject to the Type I review procedures set forth in Chapter 15.210 ECC plus other applicable requirements in this title.

F.    Clarification of Uses and Special Conditions.

1.    If a * appears after the use, then the use is defined in Chapter 15.130 ECC;

2.    Where an ECC reference/link appears after a use, then the use is subject to standards set forth in that section or chapter;

3.    If a number appears in the box at the intersection of the column and the row, the use may be allowed subject to the development condition with the corresponding number immediately following the land use table. If there are multiple numbers, then the use is subject to all applicable development conditions; and

4.    If more than one letter-number combination appears in the box at the intersection of the column and the row, the use is allowed in that zone subject to different sets of limitation or conditions depending on the review process indicated by the letter, the general requirements of the code and the specific conditions indicated in the development condition with the corresponding number immediately following the table. [Ord. 4656 § 1 (Exh. O2), 2013.]

15.310.030 Accessory uses.

An accessory use, as defined in ECC 15.130.010 and identified on the use tables in ECC 15.310.040 by an “A,” is permitted in any zone if:

A.    It is on the same lot as the principal use to which it is accessory; and

B.    It is of a nature customarily incidental and subordinate to, the principal use or structure. [Ord. 4656 § 1 (Exh. O2), 2013.]

15.310.040 Use tables.

Table 15.310.040. Residential-based uses. 

Use

R-S

R-L

R-M

R-H

R-O

C-N

C-T

C-H

C-C

C-C II

I-L

I-H

P-R

MHP

RESIDENTIAL, GENERAL

Dwelling, single-family* (ECC 15.540.020)

P

P

P

 

P

 

 

 

 

 

 

 

 

P

Dwelling, cottage* (ECC 15.540.050)

P

P

P

 

P

 

 

 

 

 

 

 

A6

 

Dwelling, duplex* (ECC 15.540.030)

P1

P1,2

P

 

P

 

 

 

P7

P7

 

 

A6

 

Dwelling, townhouse* (ECC 15.540.060)

P1,5

P1

P

P

P

P3

 

 

P7

P7

 

 

A6

 

Dwelling, multifamily* (Division V of this title)

P1,5

 

P

P

P

P3

 

 

P7

P7

 

 

A6

 

Dwelling, live-work*

P1,4

 

P4

P4

P4

P

 

 

P7

P7

 

 

 

 

Manufactured home park* (ECC 15.340.040)

 

 

C

P

C

 

 

 

 

 

 

 

A6

P

GROUP RESIDENCES

Boarding houses, lodging houses, sororities, fraternities*

 

C

P

P

C

 

 

 

P7

P7

 

 

A6

 

Adult family home*

P

P

P

P

P

P

 

 

P7

P7

 

 

A6

 

Community residential facility*

 

 

C

C

C

C

 

 

P7

P7

 

 

P/A6

 

Senior citizen assisted housing*

 

 

P

P

P

P

 

 

P7

P7

 

 

A6

 

RESIDENTIAL ACCESSORY USES

Accessory dwelling unit* (ECC 15.540.040)

P

P

P

P

P

 

 

 

P7

P7

 

 

 

 

Home occupations* (ECC 15.340.020)

P

P

P

P

P

P

P

P

P7

P7

P

P

P6

P

Yard sale use

A8

A8

A8

A8

A8

A8

A8

A8

A8

A8

A8

A8

A8

A8

TEMPORARY LODGING

Bed and breakfast (ECC 15.340.010)

 

 

P

P

P

 

 

 

P7

P7

 

 

 

 

Development conditions:

1.    Subject use may be permitted subject to density bonus incentives set forth in Table 15.320.030 and Chapter 15.330 ECC.

2.    Duplexes are permitted in the R-L zone per the following conditions:

a.    Lots at least 10,890 square feet in area; or

b.    Corner lots where building entries are provided on separate streets.

3.    Residential uses are permitted in the C-N zone provided nonresidential uses occupy the ground floor of all buildings fronting on the street. For example, residential uses could be on upper levels of buildings fronting on the street or, for deep lots, subject residential uses may occupy any buildings away from the street and behind the buildings that front onto the street.

4.    Nonresidential uses may be permitted within live-work dwellings subject to the use provisions for the applicable zoning district in Table 15.310.040 below.

5.    Townhouses and multifamily dwelling units shall not be located adjacent to existing single-family dwellings, except where such uses were approved on an individual plat.

6.    All uses permitted in the P-R zone must be either outright permitted and operated as a public use or must be an accessory use to the primary public use (see ECC 15.310.050).

7.    Except for lobbies or similar entrances, all permitted residential uses in the C-C and C-C II zones are prohibited within 30 feet of the sidewalk on the ground floor of properties fronting on storefront streets per ECC 15.510.050(E).

8.    Yard sales are permitted as an accessory use to a dwelling; provided, that the following conditions are met:

a.    Only two yard/garage sales per dwelling unit not exceeding three consecutive days in duration are allowed per year;

b.    The occupant or tenant of the dwelling unit shall supervise and be responsible for the yard/garage sale activities including ensuring that there is no impediment to the passage of traffic on public roads and sidewalks adjacent to the sale;

c.    No goods are to be displayed in public rights-of-way without first obtaining a right-of-way use permit from the public works and utilities department; and

d.    Signs advertising the sale shall not be attached to any public structure, sign, sign or utility pole or traffic control devices and shall be removed within 24 hours of the sale completion.

Table 15.310.040. Nonresidential uses. 

Use

R-S

R-L

R-M

R-H

R-O

C-N

C-T

C-H

C-C

C-C II

I-L

I-H

P-R

RETAIL

Auto sales, new and used

 

 

 

 

 

 

P1

P

P2

P

 

 

 

Farmers’ markets*

 

 

 

 

 

P

 

 

P

P

 

 

 

Fruit stands*

P

P

P

P

P

P

P

P

P

P

P

 

 

Heavy retail (ECC 15.130.080)

 

 

 

 

 

 

 

P10

P2

P

P

P

 

Heavy service (ECC 15.130.080)

 

 

 

 

 

 

 

P10

P2

P

P

P

 

Nurseries and greenhouses that are ancillary to a retail use*

P

 

 

 

 

 

 

P

P2

P

P

P

 

Restaurants, bars, and brewpubs*

 

 

P3

P3

P3

P

P

P

P

P

P11

 

A9

Coffee house, espresso bar

P8

 

P3

P3

P3

P

P

P

P

P

P11

 

A9

Retail, small scale (<2,000 sf floor area)

P8

 

P3

P3

P3

P

P

P

P

P

 

 

A9

Retail, medium scale (2,000 – 20,000 sf floor area)

 

 

 

 

 

P

 

P

P

P

 

 

A9

Retail, large scale (20,001 – 60,000 sf floor area)

 

 

 

 

 

P4

 

P

P

P

 

 

 

Retail, super scale (>60,000 sf floor area)

 

 

 

 

 

 

 

 

C

C

 

 

 

Outlet center

 

 

 

 

 

 

 

P

 

 

 

 

 

Regional retail commercial projects* (subject to the requirements in Chapter 15.390 ECC)

P13

P13

P13

P13

P13

P13

P13

P13

 

 

P13

 

 

Marijuana retailer*

 

 

 

 

 

P14

P14

P14

P14

P14

 

 

 

PERSONAL AND GENERAL SERVICE

Day care I facilities*

P

P

P

P

P

P

 

P

P

P

P

 

A9

Day care II facilities*

C

C

C

C

P

P

 

P

P

P

 

 

A9

General service establishments (ECC 15.130.070)

 

 

 

 

 

P5

P6

P

P2

P

P

 

 

Heavy services (see Heavy retail and services definition in ECC 15.130.080)*

 

 

 

 

 

 

 

P10

P2

P

P

P

 

Hotels/motels*

 

 

 

 

 

 

P

P

P

P

 

 

 

Hospitals*

C

C

C

 

P

 

 

 

C

P

 

 

P9

Offices, medical*

P8

 

 

 

P

P

P

P

P

P

 

 

P/A9

Kennels*

 

 

 

 

 

 

 

P

 

P

P

 

 

Nursing homes*

C

C

C

P

P

 

 

 

P

P

 

 

P/A9

Marijuana cooperative*

P15

P15

P15

P15

P15

P15

P15

P15

P15

P15

P15

P15

P15

Personal service establishments*

P8

 

P3

P3

P3

P

P

P

P

P

 

 

A9

Places of assembly*

C

C

C

C

P

P

 

 

P

P

C

 

A9

Radio station (commercial)

 

C

 

 

 

 

 

C

 

 

C

C

A9

Veterinary clinic

 

 

 

 

C

C

P

P

P

P

C

 

 

BUSINESS SERVICE

Conference center*

 

 

 

 

 

 

P

P

P

P

 

 

A9

Offices, business or professional*, small scale (<2,000 sf floor area)

P8

 

 

 

 

P

P

P

P

P

P7

 

P/A9

Offices, business or professional*, medium scale (2,000 – 20,000 sf floor area)

P8

 

 

 

 

 

P

P

P

P

P

 

P/A9

Offices, business or professional*, large scale (20,001 – 60,000 sf floor area)

 

 

 

 

 

 

 

P

P

P

P

 

P/A9

Miniwarehouse facility*

 

 

C

 

 

 

 

C

 

 

P

P

 

INDUSTRIAL

Light industry (ECC 15.130.120)

 

 

 

 

 

 

 

 

P2,11

P2,11

P

P

 

Hazardous waste treatment (off-site) (see definition of “off-site” in ECC 15.130.150)

 

 

 

 

 

 

 

 

 

 

C

C

 

Hazardous waste treatment (on-site) (see definition of “on-site” in ECC 15.130.150)

 

 

 

 

 

 

C

C

C

C

C

C

A9

Heavy industry (ECC 15.130.080)

 

 

 

 

 

 

 

 

 

 

 

C

 

Marijuana processor*

 

 

 

 

 

 

 

 

 

 

P14

P14

 

Marijuana producer*

 

 

 

 

 

 

 

 

 

 

P14

P14

 

Tow vehicle storage area*

 

 

 

 

 

 

 

 

 

 

P

P

 

Vehicle wrecking yard*

 

 

 

 

 

 

 

 

 

 

 

C

 

Development conditions:

1.    Sales of used vehicles in this zone are limited to uses that include sales of new vehicles as the primary use.

2.    Use must be enclosed entirely within a building.

3.    Use is permitted if located adjacent to a street corner and within a mixed-use building or within a live-work dwelling. Such uses shall be subject to secondary street frontage standards as set forth in ECC 15.510.060.

4.    Grocery stores shall be the only retail uses permitted with more than 20,000 square feet of gross floor area.

5.    Except for gas service stations, the use must be enclosed entirely within a building.

6.    Includes gas service stations with truck stop facilities only. No other general service uses are permitted.

7.    Except for office uses that are accessory to a permitted use, office uses may be permitted through the purchase of transferable development rights, subject to the adoption of a TDR program by the city.

8.    Subject nonresidential uses may be permitted in the R-S zone subject to the following conditions:

a.    The location for planned nonresidential uses shall be designated on the plat.

b.    Nonresidential uses may be integrated into subdivisions provided the subdivision encompasses at least five acres in gross land area and the planned uses are at least 1,200 feet from an existing C-N zone or commercial use.

c.    Nonresidential uses shall not be located adjacent to existing single-family dwellings, except where such uses were approved on an individual plat.

d.    For the purpose of identifying appropriate site orientation standards for future nonresidential development, the plat shall indicate the street frontage type designation for streets fronting planned nonresidential uses as either storefront, secondary, or landscaped street (see Chapter 15.510 ECC).

9.    All uses permitted in the P-R zone must be either outright permitted and operated as a primary public use or must be an accessory use to that primary public use. See ECC 15.310.050.

10.    Heavy retail and service uses are limited to buildings no larger than 50,000 gross square feet in area.

11.    Includes light industrial activities that result in the production of goods placed for on-site retail sale. Special restrictions:

a.    No power tools or equipment are allowed which by their decibel, frequency, and/or other feature of their operation would negatively impact the surrounding area by reason of decibel levels, light (see Chapter 15.580 ECC for standards), dust or other physical effect; and

b.    Production or manufacturing activity shall not occur between the hours of 10:00 p.m. and 6:00 a.m.

12.    Subject use is permitted in the district only when accessory to a permitted use (see accessory use definition in ECC 15.130.010).

13.    Regional retail is administered as an overlay zone pursuant to Chapters 15.390 and 15.390A ECC, and only permitted within the designated boundaries identified in ECC Figure 15.390.040(A), the south interchange area, and Figure 15.390.040(B), the west interchange area. Permitted uses and use restrictions within a regional retail commercial project are described in ECC 15.390.030. Design criteria for regional retail is governed by Chapter 15.390A ECC.

14.    All marijuana retail, production and processing facilities are subject to the requirements of Chapter 15.370 ECC.

15.    All marijuana cooperatives are subject to the requirements of ECC 15.370.030, Chapter 314-55 WAC and Chapter 69.51A RCW.

Table 15.310.040. Special uses. 

Use

R-S

R-L

R-M

R-H

R-O

C-N

C-T

C-H

C-C

C-C II

I-L

I-H

P-R

PARK, OPEN SPACE AND RECREATIONAL

Cemeteries, columbarium or mausoleums

P

P

 

 

 

 

 

 

 

 

 

 

 

Golf course

P

 

 

 

 

 

 

 

 

 

 

 

P11

Golf driving range (not associated with a golf course)

C

 

 

 

 

 

C

C

 

 

 

 

P11

Recreation – outdoor (commercial)*

 

 

 

 

 

 

P

P

 

 

C

 

A

Recreation – indoor (commercial)*

 

 

 

 

 

 

P

P

P

P

C

 

A

Recreational vehicle parks (ECC 15.340.050)

 

 

 

 

 

 

P

 

 

 

 

 

 

Parks, playgrounds (public or private)

P1

P1

P1

P1

P1

P1

 

P1

P1

P1

P1

 

P

CULTURAL AND ENTERTAINMENT

Adult entertainment establishment*

 

 

 

 

 

 

P2

 

 

 

 

 

 

Art, performing arts, and recording studios

 

 

 

 

 

 

 

P

P

P

 

 

P/A7

Museums

 

 

 

 

 

 

 

 

P

P

 

 

P/A7

EDUCATIONAL

Schools

C

C

C

C

C

 

 

C

C

C

 

 

P5

GOVERNMENTAL

Court

 

 

 

 

 

 

 

P

P

P

 

 

P

Fire facility

 

 

 

 

 

 

 

P

 

 

 

 

P

Police facility

 

 

 

 

 

P3

 

P

P3

P

P

 

P

Public agency or utility office*

 

 

 

 

 

P

P

P

P

P

P

P

P/A

Public agency or utility yard

P4

P4

P4

P4

P4

P

 

P

C4

P

P

P

P/A

Utility facility*8

P

P

P

 

P

P

P

P

P

P

P

P

P

Fairgrounds

 

 

 

 

 

 

 

 

 

 

 

 

P

Public transportation passenger terminals

 

 

 

 

 

 

P

P

P

P

 

 

P

RESOURCE

Gardening or fruit raising (accessory use or noncommercial)

P

P

P

P

P

P

P

P

P

P

P

P

P/A7

Agriculture*

P9

 

 

 

 

 

 

 

 

 

 

 

 

Small wind energy systems (ECC 15.340.060)

P10

P10

P10

P10

P10

P10

P10

P10

P10

P10

P10

P10

P10/A7

REGIONAL

Airport

 

 

 

 

 

 

 

 

 

 

 

 

PC6

Development conditions:

1.    Lighting for structures and fields shall be directed away from residential areas through the use of exterior full cut-off shields or through optics within the fixture.

2.    Adult entertainment is regulated pursuant to Chapter 6.72 ECC. Zoning locational standards within the C-T zone for adult entertainment establishments are:

All such establishments must be at least 1,000 feet from any residential zone, parks, schools, historic district, any dwelling, freeway, highway, interstate, or major arterial (see map on file in the city clerk’s office).

3.    Limited to “storefront” police offices. Such offices shall not have:

a.    Holding cells;

b.    Suspect interview rooms (except in the C-N zone); or

c.    Long-term storage of stolen properties.

4.    Public agency or utility yard conditions:

a.    Utility yards only on sites with utility district offices; or

b.    Public agency yards are limited to material storage, vehicle maintenance, and equipment storage for road maintenance, facility maintenance, and parks facilities.

5.    Excluding private or nonprofit commercial schools, for which the principal course work is business, vocational, or technical.

6.    A conditional use permit is required for the following uses:

a.    Facilities to sell, service and store airplanes, service airport patrons, and those ordinarily incidental and essential to operation of a municipal airport; and

b.    Airport landing areas.

7.    All uses permitted in the P-R zone must be either outright permitted and operated as a public use or must be an accessory use to the primary public use; see ECC 15.310.050. Subject uses must be managed by a public agency.

8.    Wireless communication facilities, including wireless communication support towers and antenna arrays, are subject to the provisions of ECC 15.340.070.

9.    Agriculture uses are permitted in the subject zone provided the following conditions are met:

a.    The raising of swine, poultry or goats shall be restricted to youth educational projects or limited household consumption occurring on the same lot, or lots of record;

b.    No nuisances, such as noise, odor, air pollution, wastes, vibration, traffic or physical hazards, shall result therefrom; and

c.    Fencing and housing adequate to certain livestock shall be provided where livestock are kept, and all livestock shall be kept and maintained in accordance with applicable laws and regulations.

10.    Small wind energy systems on properties listed in the Ellensburg landmarks register are subject to landmarks and design commission certificate of appropriateness.

11.    Subject use shall be permitted only if it is a public facility. [Ord. 4807 § 44, 2018; Ord. 4804 § 3, 2018; Ord. 4769 § 13, 2017; Ord. 4728 § 4, 2016; Ord. 4724 § 4, 2016; Ord. 4696 § 3, 2015; Ord. 4669 § 3, 2014; Ord. 4656 § 1 (Exh. O2), 2013.]

15.310.050 Supplemental P-R zone provisions.

A.    Permitted Accessory Uses.

1.    Services such as food, pharmacies, gift shops, bookstores, newsstands, flower shops and similar uses, and facilities such as vehicle service and repair, storage yards, and physical plants, that are associated with a permitted use, integral to the operation of the permitted use itself, and owned and operated by the public institution involved or conducted through a lease or contract with a private individual or entity;

2.    Facilities accessory to an institution, such as housing and dining facilities for students, staff or faculty of colleges, universities, and hospitals, are allowed within the principal building(s);

3.    Retail services, such as concessions and rental facilities usually associated with public parks, fairgrounds, other public recreation facilities, and public educational institutions;

4.    Helipads operated in conjunction with a public hospital;

5.    Human medical offices, such as doctor or dentist facilities, operated in conjunction with a primary permitted use.

B.    Conditional Use. Buildings located within 100 feet of a residential zone and intended to be higher than 35 feet may be permitted within the P-R zone through the granting of a conditional use permit according to the procedures set out in ECC 15.250.040.

C.    Master Planning. Recognizing that some institutions require long-range development plans and consist of large areas of land with multiple land uses, a master plan may be prepared for all, or a portion, of an entity’s land area which is subject to this chapter and which master-planned land encompasses an area of three acres or more. See ECC 15.250.080 for application requirements, review procedures, and decision criteria for such master plans.

D.    Rezone of P-R Property When No Longer Used for Public Purposes. Recognizing that over time some land and structures that are zoned P-R and are used for P-R purposes may change uses to non-public uses or may become obsolete or surplussed out of active public use and occupancy, the property owner may in such situations seek a rezone out of P-R zoning pursuant to the terms and processes set forth in ECC 15.250.100, subject to the following:

The rezone applicant may request that the P-R zoned property be rezoned to any zoning district classification that abuts the subject property.

1.    In the event that the P-R zoned property is developed with a structure that is not consistent with the development allowed in the abutting zones, such as a large school in the middle of a single-family residential zone, the rezone applicant may request to rezone the property to a different zoning classification other than the abutting zones; provided, that a concomitant agreement that identifies the types of future uses that will be permitted in the structure has been proposed by the applicant and agreed to by city council as part of any rezone approval.

2.    In the event that the P-R zoned property is developed with a structure that has been identified on the Ellensburg historic resource inventory and the property owner desires to demolish all or part of the structure, a certificate of appropriateness for such demolition must first be applied for and approved by the landmarks and design commission pursuant to ECC 15.280.090(D) before the rezone permit review can be initiated. [Ord. 4807 § 45, 2018; Ord. 4656 § 1 (Exh. O2), 2013.]