Chapter 17.16
PERMITTED AND CONDITIONAL LAND USES

Sections:

17.16.010    Establishment of uses.

17.16.020    Interpreting the table of land uses.

17.16.030    Table of permitted and conditional uses.

17.16.040    Marijuana.

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. The use is considered permanently established when that use will or has been in continuous operation for a period exceeding thirty days. Any use that will operate for less than thirty days is considered a temporary use, and subject to a temporary use permit as provided in Section 17.24.180 of this chapter. All applicable requirements of the UDC, or other applicable state or federal requirements, shall govern any use located in the city of Elma. (Ord. 1047 §§2(part), 3(part), 2004).

17.16.020 Interpreting the table of land uses.

A.    The land use table in Section 17.16.030 of the UDC determines whether a specific use is allowed in a land use district. The land use 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 a permitted use, allowed by right in that district and subject to the general requirements of the UDC.

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 permit application procedures under Section 16.04.100 and subject to the general requirements of the UDC.

E.    If the letter "T" appears in the box at the intersection of the column and the row, the use is allowed subject to a temporary use permit application procedures under Section 16.04.110 and subject to the general requirements of the UDC.

F.    If a number accompanies a letter, the use is allowed in that zone subject to different development limitations or conditions. The development condition with the corresponding number immediately follows the table.

G.    All applicable requirements shall govern a use whether or not they are cross-referenced in a section. (Ord. 1047 §§2(part), 3(part), 2004).

17.16.030 Table of permitted and conditional uses.

Land use

G-R

R-R

C-1

C-2

C-3

I

Accessory uses and structures

P

P

P

P

P

P

Accessory dwelling units

P

P

P

P

 

 

Adult entertainment businesses

 

 

P

 

 

C

Adult family homes

P

P

P

P3

 

 

Agriculture

 

P

 

 

 

 

Agricultural produce stands

P

P

P

P

P

 

Automobile service stations

 

 

P

 

P

P

Automobile heavy maintenance and repair shops

 

 

C

 

P

P

Bars, cocktail lounges, and taverns

 

 

P

 

P

 

Bed and breakfast inns

C

C

P

C

P

 

Boarding houses

C

 

C

C

P

 

Bulk fuel and chemical storage facilities

 

 

 

 

C

C

Caretaker’s residence

 

 

 

 

C

C

Cemeteries

C

C

 

C

 

 

Community facilities

C

 

P

C

P

P

Contractor yards

 

 

 

 

C

P

Day care centers

C

 

C

 

P

 

Drive-in restaurants

 

 

P

 

P

 

Family day care centers

P

P

P

P

P

 

Financial, insurance, and real estate offices

 

 

P

P

P

 

Home occupations

P

P

P

P

P

 

Hospitals and medical clinics

C

 

C

C

P

 

Hotels and motels

 

 

C

 

P

 

Housing for the elderly and life care facilities

C

 

C

C

P

 

Indoor entertainment facilities

 

 

P

 

P

 

Industry, heavy

 

 

 

 

 

P

Industry, light

 

 

 

 

P

P

Kennels

 

 

 

 

C

 

Manufactured home parks

C

 

 

 

 

 

Manufactured homes, designated

P

P

 

P

 

 

Manufactured homes, non-designated

P1

 

 

P1

 

 

Marijuana production, processing

 

 

 

 

 

P

Marijuana retail business

 

 

P

 

P

 

Mineral extraction and processing

 

 

 

 

 

C

Multifamily dwellings

C

 

P2

C

P2

 

Office parks

 

 

 

 

P

P

Outdoor storage

 

 

 

 

P

P

Parking lots

 

 

P

 

P

P

Parking, RV and boat

 

 

 

 

 

 

Personal services

 

 

P

P

P

 

Personal wireless services facilities

C

C

C

C

C

C

Places of religious worship

C

 

P

C

P

 

Planned unit developments

P4

 

 

 

 

 

Private clubs and fraternal organizations

 

 

P

 

P

 

Professional offices

 

 

P

P

P

 

Public and private schools

C

 

C

C

C

 

Public utilities

P

P

P

P

P

P

Recreation areas/facilities, commercial

C

C

P

C

P

 

Recreational vehicle parks

 

 

C

 

C

C

Restaurants

 

 

P

 

P

 

Retail sales, indoor

 

 

P

 

P

 

Retail sales, outdoors

 

 

C

 

P

 

Self-service storage facilities

 

 

 

 

P

P

Single-family-dwellings, attached

C

 

P2

C

 

 

Single-family-dwellings, detached

P

P

P

P

 

 

Temporary uses

T

T

T

T

T

T

Truck and heavy equipment storage and repair

 

 

 

 

C

P

Warehousing

 

 

 

 

P

P

Wholesale sales

 

 

 

 

P

P

Wrecking, towing, or junk yards

 

 

 

 

 

C

1

Within a manufactured home park only.

2

Above the first floor only.

3

In an existing dwelling unit.

4

Approved through a PUD application with a short subdivision, subdivision or binding site plan.

(Ord. 1171 §1, 2018; Ord. 1168 §3, 2018; Ord. 1096 §2, 2009; Ord. 1072 §1, 2006; Ord. 1047 §§2(part), 3(part), 2004).

17.16.040 Marijuana.

A.    General. No use that is illegal under local or state law shall be allowed in any zone within the city.

B.    Specific Application--Medical Marijuana Dispensaries and Collective Gardens. Dispensaries of cannabis and/or collective gardens for the production, distribution, and dispensing of cannabis for medical uses, all as further defined and set forth in Chapter 69.51A RCW, as now existing or hereafter amended, are not allowed in any zone within the city.

For purposes of this section:

1.    "Dispensary" means any person, entity, site, location, facility, business, cooperative or collective, whether for profit or not for profit, that distributes, sells, dispenses, transmits, packages, measures, labels, selects, processes, delivers, exchanges or gives away cannabis for medicinal or other purposes.

2.    "Collective garden" means the growing, production, processing, transportation, and delivery of cannabis, by qualifying patients, for medical use, as set forth in Chapter 69.51A RCW, as now existing or hereafter amended or succeeded.

C.    Retailing of Marijuana Allowed. The retail sale of and retail outlets for the sale of marijuana and marijuana-infused products, all as defined in Initiative Measure No. 502, as codified in the Revised Code of Washington, including Chapter 69.50 RCW, and implementing regulations in Chapter 314-55 WAC, both as now existing or hereafter amended, by outlets possessing the required license issued by the state of Washington shall be allowed within the city subject to compliance with the following provisions and conditions:

1.    General Intent. It is the intent of this chapter to uphold the provisions of the Washington State requirements for the location of marijuana retailers.

2.    Location Regulations.

a.    A marijuana retail, processing, or production business shall not be located on parcels located within the following distances of parcels containing any of the following uses, as officially defined in WAC 314-55-010, as now existing or hereafter amended or succeeded. The distance shall be measured as the shortest straight line from property line to property line, as set forth in WAC 314-55-050(10).

i.    One thousand feet of elementary or secondary schools, public or private, and playgrounds which are publicly managed;

ii.    Five hundred feet of the following uses:

(A)    Recreation center or facility, providing a broad range of activities intended primarily for minors and managed by a public or charitable nonprofit entity;

(B)    Child care facility, licensed by the Department of Early Learning, providing child care regularly for less than twenty-four hours;

(C)    Public park, having facilities for active or passive recreation, exclusive of trails;

(D)    Public transit center where several transit routes converge;

(E)    Public library; or

(F)    Game arcade where admission is not restricted to persons age twenty-one and older.

b.    Retail marijuana retail business shall not be located nor operated within another business; provided, that more than one licensed marijuana retail business may be located in the same building if each licensee has its own area separated by full walls and with its own entrance. Product may not be commingled.

3.    A marijuana retail business is permitted only in the following districts as specified in Section 17.16.030: C-1 and C-3.

4.    Marijuana businesses are not permitted as a home occupation under Section 17.08.020 and shall not operate at an adult family home, condominium, single-family or single-family detached dwelling unit, or boarding house as defined by Section 17.16.020.

5.    Marijuana businesses shall not be located in a mobile structure.

6.    Special Regulations.

a.    To operate within the city, each marijuana business is required to have a current license issued by Washington State under the provisions of Chapter 314-55 WAC and a current business license issued by the city under the provisions of Chapter 5.01. No application for a business license for a marijuana business shall be accepted unless the applicant has a current license issued under Chapter 314-55 WAC.

b.    A retail marijuana business shall not sell marijuana, marijuana-infused products, or marijuana paraphernalia    or otherwise be open for business before eight a.m. or after eleven p.m. on any day.

c.    For signage, marijuana retail, processing and production businesses shall be subject to the substantive requirements of WAC 314-55-155 and Chapter 17.24, whichever is more restrictive. No off-premises signage is permitted.

d.    No more than two retail marijuana businesses shall be allowed within the city.

e.    A marijuana business must take place within a fully enclosed secure indoor facility with rigid walls, a roof, and doors.

f.    A retail marijuana business is subject to all applicable requirements of the Elma Municipal Code, including but not limited to the building code (Chapter 15.04) as now exists or may be amended.

g.    Marijuana plants, products, and paraphernalia shall not be visible from outside the building in which the marijuana business is located.

h.    Security. In addition to the security requirements in Chapter 314-55 WAC, during nonbusiness hours, the following provisions shall be fulfilled:

i.    All recreational marijuana producers, processors, and retailers shall store all useable marijuana, marijuana-infused products, and cash in a safe or in a substantially constructed and locked cabinet. The safe or cabinet shall be incorporated into the building structure or securely attached thereto.

ii.    For useable marijuana products that must be kept refrigerated or frozen, these products may be stored in a locked refrigerator or freezer container in a manner approved by the planning official, provided the container is affixed to the building structure.

iii.    As to retail marijuana businesses, the video systems required by WAC 314-55-083, as now existing or hereafter amended or succeeded, shall also provide recordings of all entrances and exits during the hours that the facility is not open to the public.

i.    Marijuana businesses are subject to all applicable requirements of RCW Title 69 and Chapter 314-55 WAC and other state statutes, as they now exist or may be amended.

j.    Marijuana businesses shall incorporate odor control technology and provisions, and ensure that emissions do not exceed Southwest Washington Clean Air Agency regulations, including but not limited to those specified for odors at WAC 173-400-040.

D.    Production and Processing of Marijuana. The production and processing of marijuana by a person or entity possessing a valid license to do so as a marijuana producer or marijuana processor which has been issued by the Washington State Liquor and Cannabis Board pursuant to its authority granted by Initiative 502 and applicable provisions of Chapter 69.50 RCW and Chapter 314-55 WAC, as now existing or hereafter amended or succeeded, shall be allowed as a permitted use in the industrial (I) zone so long as such activities are in compliance with the terms and conditions under which the license was issued.

1.    In relation to the uses authorized by this section, the following specific provisions shall apply:

a.    The facility shall be equipped with such air handling and filtering equipment so as to prevent the odor associated with the growth and processing of marijuana from escaping the interior of the facility.

2.    For purposes of this section, the following definitions apply; provided, that in the event that either Chapter 69.50 RCW or Chapter 314-55 WAC provides a different definition, the definition in the WAC or Chapter 69.50 RCW shall govern:

a.    "Marijuana processor" means a person licensed by the State Liquor and Cannabis Board to process marijuana into useable marijuana and marijuana-infused products, package and label useable marijuana and marijuana-infused products for sale in retail outlets, and sell useable marijuana and marijuana-infused products at wholesale to marijuana retailers.

b.    "Marijuana producer" means a person licensed by the State Liquor and Cannabis Board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers.

E.    Enforcement. In additional to prosecution which may be allowed under applicable criminal laws or ordinances, including but not limited to Chapter 69.50 RCW, any violation of the provisions of this section is declared to be a public nuisance per se, and shall be abated by the police department, code enforcement officer, or city attorney under the applicable provisions of this code or state law, including, but not limited to, the provisions of Chapter 17.40. (Ord. 1171 §1, 2018: Ord. 1163 §3, 2017: Ord. 1133 §2, 2014).