Chapter 19.70
GENERAL DEVELOPMENT STANDARDS
Sections:
19.70.010 Accessory dwelling units.
19.70.020 Adult entertainment establishments.
19.70.030 Agricultural uses and animals.
19.70.040 Day care facilities.
19.70.070 Mobile and manufactured home parks.
19.70.080 Open space and set-aside lands.
19.70.090 Solid/hazardous waste handling, treatment, and storage facilities.
19.70.100 Vehicle impound yards.
19.70.110 Secure community transition facilities.
19.70.120 Manufactured housing.
19.70.130 Drive-through and drive-up facilities.
19.70.140 Marijuana related uses.
19.70.010 Accessory dwelling units.
A. Purpose. Accessory dwelling units (ADUs) are intended to increase the supply of affordable and independent housing for a variety of households, increase home and personal security, provide supplemental earnings for people with limited incomes, and increase residential densities. This should occur by utilizing the existing infrastructure and community resources throughout the City while protecting the existing character of single-family neighborhoods.
B. General Requirements. The creation of an ADU shall be subject to the following general requirements:
1. Number. Up to two ADUs shall be allowed per lot of record as an accessory use in conjunction with any detached single-family structure, provided, only one detached ADU shall be allowed on a lot that does not meet the minimum lot size for the zone in which the property is located.
2. Type of Unit. An ADU may be attached to the principal unit, a separate detached accessory structure (e.g., cottage), or part of a detached accessory structure (e.g., carriage unit above garage).
3. Size. An ADU shall not exceed 1,000 square feet; provided, if the ADU is to be established within an existing multistory structure and located entirely on a single floor, the Director may allow increased size in order to efficiently use all area of this single floor.
4. Location. An attached ADU shall be physically connected to the principal unit by a shared wall or attached covered structure. Attached ADUs shall meet the same setbacks, height requirements, and other dimensional standards as the principal unit.
A detached ADU not to exceed 1,000 square feet may be placed in a side and/or rear yard in accordance with UPMC 19.45.040(H) and shall comply with the following building standards:
a. The total area of a detached ADU and other detached accessory structures placed in a side or rear yard shall not exceed the size limitations set forth in UPMC 19.45.040(H)(1)(a);
(1) The total ground floor footprint of a structure with an ADU located above (e.g., carriage unit) shall not exceed 600 square feet in gross floor area;
(2) For ground floor ADUs that exceed 600 square feet in gross floor area, no additional accessory structure floor area (e.g., garages, carports, and sheds) shall be permitted in the side or rear yard setback;
b. Maintain five-foot minimum side and rear yard setbacks;
c. Have no portion of the structure, such as eaves, closer than three feet from any property line;
d. Be no greater than 24 feet in height at top of ridge and 10 feet at the top wall plate where the roof structure connects to the wall, if located within a required side or rear yard;
e. Be no closer than five feet to the primary structure;
f. No more than one detached ADU may be placed within the reduced setbacks. Any second detached ADU must comply with the setbacks applicable to the principal unit; and
g. A detached ADU may be located at a property line abutting a public alley, as defined in Chapter 13.20 UPMC, provided the City does not routinely plow the public alley for snow. No portion of the structure shall encroach into the public alley.
5. Parking. No off-street parking shall be required for an ADU when the property is within one-half mile walking distance of a major transit stop as defined in RCW 36.70A.696. Property not subject to this exemption shall provide off-street parking for accessory dwelling units as follows:
a. One off-street parking space shall be required per ADU on lots 6,000 square feet or smaller.
b. Two off-street parking spaces shall be required per ADU on lots greater than 6,000 square feet.
c. Any additional off-street parking provided in conjunction with an ADU shall, to the extent possible, be located to the side or rear of the principal unit to minimize visual impacts on the streetscape. Such parking must be provided in the rear of the lot when alley access is available. Off-street parking shall be designed to reduce impacts on adjoining properties through the installation of vegetative screening and/or fencing.
6. In order to encourage the development of housing units for people with disabilities, the Director may allow reasonable deviation from the requirements of this section when necessary to install features that facilitate accessibility. These facilities shall conform to Washington State regulations for barrier-free facilities.
C. Procedures. Any owner seeking to establish an ADU shall apply for approval in accordance with the following procedures:
1. Application. The owner shall apply for a building permit for an ADU. A complete application form must demonstrate that all size thresholds and parking standards are met.
2. Notice of Title. Prior to issuance of building permits, the owner shall record a notice on the property title acknowledging the existence of the ADU with the Pierce County Auditor. Such notice shall be in a form as specified by the Department.
3. Reports. The Department shall report annually to the City Council on ADU applications, the number of units established and their distribution throughout the City, the average size of the units, and the number and types of complaints and enforcement-related actions.
(Ord. 775 § 1 (Exh. A), 2023; Ord. 741 § 1 (Exh. O), 2020; Ord. 688 § 1 (Exh. A), 2017; Ord. 607 § 1 (Exh. A), 2012; Ord. 559 § 10 (Exh. A), 2009; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.70.020 Adult entertainment establishments.
A. Purpose. The purpose of this section is to regulate adult entertainment establishments and to provide certain limitations to the siting of these uses. Development standards are used to reduce conflicts between these uses and other uses that may not be compatible.
B. Uses Permitted. Adult entertainment establishments may be permitted by conditional use permit in the MU-U/I75 zone pursuant to the City of University Place Comprehensive Plan and zoning ordinance as now and hereafter amended.
C. Locational Requirements. Distances provided in this section shall be measured by following a straight line, without regard for intervening buildings, from the nearest point of the parcel of property or the zone classification boundary line from which the proposed land use is to be separated.
1. Adult entertainment establishments shall not be located on lots which contain, abut or are adjacent to a lot which contains a residential use. For the purposes of this subsection, in addition to its common usage, in determining whether a lot abuts or is adjacent to a lot containing a residential use, this also includes those lots which directly touch or are across a street from the proposed use.
2. Adult entertainment establishments shall not be allowed within 50 feet of any other adult business (as measured from property lines).
3. Adult entertainment establishments shall not be allowed within 50 feet of any “sensitive receptor.”
D. Variance to Locational Requirements. A variance to the dispersal provisions may be granted by the Hearings Examiner if all the following criteria can be met:
1. That free speech rights which are entitled to protection by the First Amendment to the United States Constitution of an applicant for an adult business cannot be adequately protected on parcels allowed for siting because other adult businesses are in place, or sensitive receptors limit additional uses in the MU-U/I75 zone.
2. That the natural or built environment in the immediate vicinity would result in an effective separation between the proposed adult entertainment establishment and any sensitive zones or uses in terms of visibility and access.
3. The proposed use complies with the goals and policies of the Comprehensive Plan.
4. The proposed use is otherwise compatible with abutting and surrounding land uses.
5. The applicant has proposed conditions that would minimize the secondary adverse effects of the proposed use.
E. Development Requirements. The development standards in this section shall apply to all buildings, uses, and property used for adult business or entertainment establishment purposes. The development standards for adult entertainment establishment uses are the same as the applicable zoning regulations for the zoning district in which they are located, except as follows:
1. Visual Impact.
a. No owner or operator of an adult business shall allow any merchandise or activity of the establishment to be visible from any point outside the establishment.
b. No owner or operator of an adult business shall allow the exterior to have flashing lights or any lettering, photographs, silhouettes, drawings, or pictorial representations of any kind other than to the extent permitted by this section or Chapter 19.75 UPMC, Signs.
c. The exterior of an adult business, if painted, must be painted (stained or otherwise colored) in a single achromatic color, except if:
(1) The adult business is part of a commercial multi-unit center; and
(2) The exteriors of each individual unit in the commercial multi-unit center, including the adult business, are painted the same color as one another or are painted in such a way so as to be a component of the overall architectural style or pattern of the commercial center.
2. Signage. In addition to the restrictions imposed by Chapter 19.75 UPMC, the following restrictions apply to any adult business:
a. There may be no more than two signs (one freestanding sign and one wall sign, or two wall signs), even if the business fronts on more than one street. Each display surface of a sign must:
(1) Be a flat plane, rectangular in shape;
(2) Not be flashing or pulsating;
(3) Have characters of a solid color;
(4) Have all characters of the same print type, size, and color; and
(5) Have all background in one solid color.
b. Reader board signs are not allowed.
F. Nonconforming Adult Entertainment Establishments. An adult entertainment use shall be deemed a legal conforming use and shall be subject to the requirements of Chapter 19.80 UPMC, Nonconforming Lots, Uses, and Structures, if a zone that allows residential uses is located abutting or adjacent to the adult entertainment establishment or if a sensitive receptor identified in Chapter 19.10 UPMC locates within 50 feet of the adult entertainment establishment facility after the date the adult entertainment facility has located within the City in accordance with the requirements of this section.
(Ord. 741 § 1 (Exh. O), 2020; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.70.030 Agricultural uses and animals.
A. Purpose. The purpose of this section is to regulate agricultural uses and animals and to provide certain limitations for the placement of these uses. Minimum lot sizes, setbacks, and best management practices are used to reduce conflicts between land uses that may not be compatible and to protect environmentally sensitive areas.
B. Exceptions.
1. Hobby Farms. Farm animals, agricultural activities, and associated structures may be established on any lot as a noncommercial use without an associated dwelling unit, provided:
a. The applicant completes a hobby farm agreement provided by the Department. Each hobby farm agreement shall:
(1) Define the type and intensity of all proposed agricultural activities;
(2) Clarify that the use of the site is for private noncommercial use;
(3) Provide time frames for periodic Departmental monitoring; and
(4) Be signed by the property owner and recorded as a title notice with the Pierce County Auditor.
b. Hobby farms must comply with all other requirements of this section.
2. Wildlife Rehabilitation.
a. Those persons licensed through the State Department of Wildlife for wildlife rehabilitation are exempt from the provisions of this code to care for the following categories of wildlife as defined by the Washington Department of Fish and Wildlife:
(1) Small mammals;
(2) Medium mammals;
(3) Lagomorphs (rabbits, hares, pikas); and
(4) Nonraptor avians.
b. Other categories, including carnivores and raptors, are excluded from this exemption.
C. Standards. Agricultural uses and animals shall be permitted in all zone classifications as an accessory use to a residential dwelling, subject to the following requirements:
1. Animals Accessory to Residential Use. Animals kept shall be permitted subject to the following criteria:
a. Livestock. Livestock shall be permitted as an accessory use to a dwelling unit on any lot, subject to the following provisions:
(1) Area Requirements.
(A) Livestock are not permitted in lots of less than one acre.
(B) On any lot from one acre to less than two acres in size, the number of animals shall not exceed two that are 12 months or more of age.
(C) On any lot exceeding two acres in size, there may be one more livestock animal for each additional acre beyond the initial two acres.
(D) All pens, stables, barns, corrals, or similar concentrated enclosures used for the keeping of livestock shall be set back a minimum of 35 feet from all property lines.
(2) A fence used to enclose pasture lands may be constructed on the property line, provided such pasture is maintained as required in this section.
(3) A fence constructed to permanently keep livestock out of buffers abutting streams, rivers, and wetlands shall be required following wetlands and fish and wildlife habitat areas codes. Such fence shall be constructed before livestock are introduced to a site.
b. Small Animals. Small animals shall be permitted as an accessory use to a dwelling unit on any lot subject to the following provisions:
(1) Poultry, Pigeons, Peacocks, and Rabbits. Poultry, peacocks, pigeons, and similar birds, or rabbits and similar mammals (e.g., ferrets, pot-belly pigs) raised for domestic, noncommercial use shall be permitted, provided:
(A) All animals kept outside shall be cooped or kept in hutches or pens or similar enclosures.
(B) A minimum setback of 15 feet from all property lines shall be required for all pens, hutches, coops, or similar enclosures.
(C) No more than 12 poultry, peacocks, or rabbits or similar mammals shall be permitted per acre. This requirement shall be calculated on a fractional basis. The allowed number of animals shall be rounded down to the nearest whole number.
(D) Aviaries or lofts shall provide for one square foot for each pigeon or similar bird, and shall not exceed 600 square feet.
(2) Dogs and Cats. Any combination of five dogs or cats that individually exceed seven months of age is permitted. Kennels for six or more dogs or cats are prohibited.
c. Wild Animals and Reptiles. No person shall have, maintain, or possess any wolf, fox, chimpanzee, emu, ostrich, or other exotic, vicious, or poisonous animal or reptile.
2. Crop Production Accessory to Residential Use. Agricultural activities such as noncommercial gardens and orchards shall be permitted and shall not be limited in any zone classification.
D. Additional Standards for Critical Areas. In addition to the other requirements of this section, the following standards shall apply to all commercial and noncommercial agricultural uses in critical areas:
1. Livestock shall be limited to one animal per acre of fenced usable pasture.
2. Small animals shall be limited as follows: poultry, pigeons, peacocks, and rabbits are limited to eight animals per acre.
E. Commercial Agricultural Activities. See UPMC 19.25.080, Resource use category – Descriptions, for commercial agricultural uses, and UPMC 19.70.050, Home occupations, for same.
(Ord. 741 § 1 (Exh. O), 2020; Ord. 688 § 1 (Exh. A), 2017; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.70.040 Day care facilities.
A. The purpose of this section is to provide operating criteria to meet the need for quality, affordable and safe day care facilities for adults and children in all areas of University Place. There are two types of day care facilities: family day care facilities and day care centers.
B. Family Day Care Facilities. Family day care facilities operate from a residence and provide child care and early learning services for not more than 12 children. Children include both the provider’s children, close relatives and other children irrespective of whether the provider gets paid to care for them. Family day care facilities provide their services in the family living quarters of the day care provider’s home. Family day care facilities shall be permitted in residential dwellings located in any area zoned for residential or commercial use.
C. Day Care Centers. Day care centers are facilities that operate in places other than a residence. There are two types of day care centers: adult day care centers, and child day care centers that provide care for 13 or more children during part of the 24-hour day.
1. Operating Criteria for Day Care Centers.
a. Minimum Fencing/Screening Required. Outdoor recreation areas must be enclosed by a six-foot-high fence.
b. Off-Street Parking. A minimum of one stall for every employee plus one for every 10 children or adults shall be provided. Off-street parking area shall meet the landscaping requirements in UPMC 19.65.110, Parking lot and impervious surface area landscaping.
c. Loading. There shall be an off-street area for loading and unloading children or adults, clearly marked. Adequate vehicle turnaround shall be provided on site for parking and loading so as to preclude the necessity of backing out onto the street.
d. Signs. One sign will be permitted at a size to be determined by the zone classification where the facility is located.
2. Permitted Zones. Day care centers shall be permitted as specified in Chapter 19.25 UPMC, Uses and Zone Classification Tables.
(Ord. 741 § 1 (Exh. O), 2020; Ord. 662 § 1 (Exh. A), 2015; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.70.050 Home occupations.
A. Purpose. The purpose of this section is to provide standards which allow a resident of a dwelling unit to operate a limited business activity from their principal residence or permitted accessory structure while achieving the goals of retaining residential character, maintaining property values, and preserving environmental quality.
B. Applicability. Home occupations are allowed as an accessory use in conjunction with a dwelling unit. A home occupation in a dwelling that is not occupied as a primary residence is prohibited.
C. Performance Standards.
1. Intent. It is the intent of this section to provide performance standards for home occupation activities, not to create a specific list of every type of possible home-based business activity. The following performance standards prescribe the conditions under which home occupation activities may be conducted when incidental to residential use. Activities exceeding these performance standards shall refer to Chapter 19.25 UPMC, Uses and Zone Classification Tables, to determine the appropriate commercial, industrial, civic, or office use category which applies to the activity.
2. General Provisions and Standards. The following general provisions and standards shall apply to all home occupation activities:
a. The activity is clearly incidental and secondary to the use of the property for residential purposes and shall not change the residential character of the dwelling or neighborhood.
b. There shall be no structural or decorative external alteration relating to the home occupation which is inconsistent with the residential character of the structure and neighborhood.
c. Home occupation activities shall comply with building and fire code requirements for permits, occupancy, and inspection, including use of hazardous materials or equipment.
d. The activity does not require truck delivery or pickup not common to a residential dwelling.
e. The activity does not involve installation and use of heavy equipment, large power tools, or power sources not common to a residential dwelling or any other usage that creates a level of noise, vibration, smoke, dust, odors, heat, or glare beyond that which is common to a residential area at or beyond the property line of the subject property.
f. The activity does not involve production, generation, storage, or use of hazardous waste, as defined by the State Department of Ecology.
g. Use of electrical or mechanical equipment which creates visible or audible interference on radio or television receivers or fluctuation in line voltage at or beyond the property line is prohibited.
h. Manufacturing shall be limited to small-scale assembly of already manufactured parts, but does not preclude production of small, individually handcrafted items or furniture or other wood items as long as the activity meets the other standards of this section.
i. See Chapter 19.75 UPMC for sign requirements.
j. No more than one outside volunteer or employee who is not a principal resident of the premises is permitted, except for an occasional meeting.
k. The activity shall be performed completely inside the residence, an accessory structure, or a combination of the two. The activity shall be limited to an area of less than 500 square feet or a size equivalent to 50 percent of total floor area of the living space within the residence, whichever is less.
l. The home occupation(s) may use or store a vehicle for pickup of materials used by the home occupation(s) or the distribution of products from the site, provided:
(1) No more than one such vehicle shall be allowed;
(2) Such vehicle shall not park within any required setback areas of the lot or on abutting or adjacent streets;
(3) Such vehicle shall not exceed a weight capacity of 10,000 pounds GVW.
m. There shall be no outside display or storage of materials, merchandise, or equipment.
(Ord. 741 § 1 (Exh. O), 2020; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 369 § 1(Exh. B), 2003; Ord. 307 § 2, 2001).
19.70.060 Improvements.
A. Purpose. The purpose of this section is to provide standards for the minimum improvements to meet the goals of the Comprehensive Plan.
B. Sanitary Sewers.
1. All new subdivisions creating five or more lots shall hook up to sanitary sewers.
2. Sanitary sewer hookups shall be required for all other new development, if sewer lines are located within 300 feet of the development. In those cases where sewer lines are not located within 300 feet of the development, the City may permit such development to use interim septic on-site systems and dry sewer facilities.
3. Existing properties that expand an on-site septic system or are required to replace or repair a failed system are required to hook up to sanitary sewer if there is a sewer line available within 200 feet.
4. A sanitary sewer system shall be considered available when the structure can be connected to an existing sewer line within the specified distance from the property by way of a public right-of-way or private utility easement between the property and the existing sewer line.
5. Upon application by the property owner, the Director shall approve an exception to the requirement to connect to the sanitary sewer system only if all the following criteria are met:
a. The cost of extending the sewer system to serve the property would be an economic hardship to the owner; an economic hardship exists if the estimated cost of the extension is greater than 200 percent of the cost of the septic or other private disposal system; and
b. The proposed septic system will not have an adverse environmental impact on potable water wells, ground water, streams or other surface bodies of water; and
c. The proposed septic system is in compliance with all applicable Federal, State, and local health and environmental regulations.
d. This exception does not allow a new subdivision of more than four lots to be developed without sanitary sewer hookups.
6. If the sanitary sewer system is not available or if an exception has been granted, the Director shall approve an interim on-site septic system subject to the following conditions:
a. The property owner shall record an agreement to connect on a form approved by the City that shall be a covenant running with the land. The agreement to connect shall provide that the structure shall be connected to the sanitary sewer system at such time as the system becomes available and that the owner will not protest the formation of any future ULID for extension of a sewer system that would serve the property.
b. The property owner shall install dry sewer facilities.
7. Leach Creek Area. There is hereby established on the zoning map the “Leach Creek Area.” The “Leach Creek Area” includes all properties zoned R2 within the area bounded by 44th Street West to the north, Orchard Street to the east, Cirque Drive to the south, and Alameda Avenue to the west. Within this area, development more intense than a single-family dwelling on an existing lot as of July 13, 1998, shall be required to hook up to sanitary sewer at the property owner’s expense regardless of distance to existing and available sewers.
C. Access. All new residential lots shall access off internal plat roads, except as authorized by the City engineer.
D. Lighting. Street lighting shall be provided in conjunction with all new development or major tenant improvements on the arterial streets of the City. Street lighting shall be provided along arterial streets in accordance with specifications and standards approved by the City Engineer. In multifamily, commercial, and industrial developments and major tenant improvements, lighting and glare shall be shielded or directed away from moderate density single-family zones and residential uses.
E. Equipment and Outdoor Activities. Mechanical equipment or outdoor activities such as but not limited to storage, loading, and waste disposal shall be integrated into the design of the building(s) or development and screened from view. Recreational facilities shall be located away from single-family neighborhoods and screened from view.
F. Open Space and Parks. In new single-family subdivisions of 10 or more lots and multifamily residential developments of greater than 10 units, a minimum of seven percent of the property shall be set aside as an open space or park area. This area shall be improved, landscaped, and include recreational equipment such as but not limited to a big toy, sport court, picnic area, and/or provide trail connections. The open space or park area shall be in a relatively flat area suitable for recreational activity and outside any critical areas such as steep slopes and wetlands. The location of the open space or park area shall be convenient to residents in the development.
(Ord. 741 § 1 (Exh. O), 2020; Ord. 688 § 1 (Exh. A), 2017; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 386 § 4, 2003; Ord. 307 § 2, 2001).
19.70.070 Mobile and manufactured home parks.
A. Purpose. The purpose of this section is to provide regulations for the development of mobile and manufactured home parks.
B. Design Criteria. The following criteria shall govern the design of a mobile or manufactured home park:
1. A mobile or manufactured home park shall contain not less than two spaces and shall not exceed the densities established in UPMC 19.45.030, Density standards.
2. A mobile or manufactured home park shall not be established on any site providing less than a 30-foot-wide access to a public street.
3. Only one mobile home or manufactured home dwelling unit shall occupy any given space in the park.
4. No building, structure, or land within the boundaries of a mobile or manufactured home park shall be used for any purpose other than the following:
a. Mobile or manufactured home used as single-family residence only;
b. A patio, carport, or garage as an accessory use for a mobile or manufactured home;
c. Recreation buildings and structures including facilities such as swimming pools for the exclusive use of park residents and their guests;
d. One residence for the use of the owner, manager, or caretaker responsible for maintaining or operating the property, which may be either a mobile or manufactured home or a site-built structure; or
e. Public or private utilities where related exclusively to serving the mobile or manufactured home park.
5. Setbacks. No mobile or manufactured home, building or other structure shall be located closer to a park boundary property line than is specified by the zone district in which the park is located. A mobile or manufactured home or accessory structure shall not be located closer than 15 feet from any other mobile or manufactured home, or closer than five feet from the interior park roadway. Attached structures shall be considered a part of the mobile or manufactured home for setback purposes. Swimming pools shall be located not closer than 50 feet from a park boundary property line in residentially zoned areas and shall be suitably fenced.
6. Two off-street parking stalls shall be provided for each mobile or manufactured home space with a minimum 10 feet access to a park street. All required off-street parking spaces shall be not less than eight by 20 feet and shall be paved or a crushed rock surface and maintained in a dust-free surface. On-street or curbside parking shall not be counted as part or all of the required parking for a mobile or manufactured home park where moving traffic lanes are used for this purpose.
7. All interior park roads shall be privately owned and shall be paved with asphalt or concrete to a width to safely accommodate the movement of a mobile or manufactured home and emergency vehicles. Dead-end streets shall be provided with a 70-foot minimum diameter roadway surface turnaround, exclusive of parking lanes.
8. Storage areas comprising not more than 10 percent of the total mobile or manufactured home park area for recreational vehicles, boats, and trailers may be provided. Such areas shall be enclosed by a sight-obscuring fence or hedgerow.
9. There shall be Level IV landscaping and groundcover within open areas of the mobile or manufactured home park not otherwise used for park purposes. Such open areas and landscaping shall be continually and properly maintained.
10. Mobile or manufactured homes may be maintained with or without mobility gear but in either event shall be secured to the ground in a manner approved by the City Building Official. Each mobile or manufactured home shall be skirted with weather-resistant, noncombustible material compatible with the exterior finish of the mobile or manufactured home.
C. Phased Development. Proposed mobile or manufactured home parks of 10 or more acres in size developed after the effective date of the ordinance codified in this section may be developed in phases. Notwithstanding a change of zone or reclassification of the site which would ordinarily preclude further development, a mobile or manufactured home park which has completed the initial phase of development may be continued and developed into all additional phases indicated on the approved site plan. This exception shall only be applicable to phases which can be substantially completed within five years of the adoption of the change of zone.
D. Park Administration.
1. It shall be the responsibility of the park owner and manager to assure that the provisions of this code are observed and maintained within the mobile or manufactured home park. Violations of this code shall subject both the owner and the manager of the facility to any penalties provided for violation of the code.
2. No travel trailer or recreational vehicle shall be utilized except as temporary living quarters. However, the parking of an unoccupied recreational vehicle in duly designated storage areas shall be permitted.
3. All refuse shall be stored in insect-proof, animal-proof, watertight containers which shall be provided in sufficient number and capacity to accommodate all refuse. Any storage area for refuse containers shall be enclosed by sight-obscuring fence or screening and shall be situated on a concrete pad and shown on the site plan. Refuse shall be collected and disposed of on a regular basis.
4. Construction of accessory structures and alterations and additions to the mobile or manufactured home park shall be subject to review by the Building Official, and necessary permits and inspections shall be obtained as required for such construction.
5. All electrical connections to each mobile or manufactured home shall comply with the electrical code and shall be inspected.
6. Portable fire extinguishers rated for class A, B, and C shall be kept in service buildings and at other locations, conveniently and readily accessible for use by all residents, and shall be maintained in good operating condition.
7. The park shall be maintained free of any brush, leaves, and weeds which might communicate fires between manufactured homes and other improvements. No combustible materials shall be stored in, around, or under any manufactured home.
8. Individual mailboxes shall be provided for each space in the park.
9. The owner, or a designated agent, shall be available and responsible for the direct management of the mobile or manufactured home park.
(Ord. 741 § 1 (Exh. O), 2020; Ord. 688 § 1 (Exh. A), 2017; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.70.080 Open space and set-aside lands.
A. Purpose. The purpose of this section is to outline the provisions for classifying open space or designating set-aside lands in conjunction with new development. Open space serves to:
1. Preserve the character of the natural environment;
2. Protect stream corridors, ridgelines, shorelines, critical areas, and fish and wildlife movement corridors;
3. Provide residents with usable open space for passive recreation and alternative nonmotorized transportation corridors; and
4. Protect the health and welfare of citizens by providing space for the control and enhancement of natural processes such as aquifer recharge, water quality, and flood water storage capacity.
B. Incentives. As a mechanism to encourage open space classification or set-aside designation, the following incentives shall be available:
1. Tax Relief. Any property owner who has classified open space in accordance with this section may apply for tax relief pursuant to the provision of Chapter 84.34 RCW, Open Space, Agricultural, and Timber Lands – Current Use Assessment – Conservation Futures.
C. General Provisions.
1. Open Space Locational Criteria.
a. The location of a proposed classification of open space shall be determined utilizing one or more of the following criteria:
(1) Tract(s) which are identified for a proposed new trail or extension of an existing trail system;
(2) Tract(s) which create a linkage to another classified open space or public park on an abutting or adjacent parcel;
(3) Tract(s) which create a linkage to a critical area and its associated buffer(s);
(4) Tract(s) which provide access to marine, lake, river, creek, or stream shoreline areas;
(5) Tract(s) which preserve sensitive areas for aquifer recharge and enhancement of water quality or provide flood water storage capacity;
(6) Tract(s) which provide consolidated common open lawn areas for residents or employees in a development with an emphasis on access, visibility, and usability; or
(7) Tract(s) which preserve critical areas such as steep slopes, wetlands, and fish and wildlife habitat areas.
b. Tract(s) should be contiguous or form a linear system unless separation into multiple tracts would be more beneficial in fulfilling the locational criteria herein established.
2. Permitted Uses. The following uses shall be permitted in areas which have been classified for open space:
a. Urban Open Space.
(1) Pervious and impervious surface trails;
(2) Passive recreation and accessory structures;
(3) Agricultural practices and associated agricultural structures;
(4) Aquaculture;
(5) Utility easements; and
(6) Drainfields.
D. Classification of Open Space.
1. Classification Mechanism.
a. To assure that the open space is adequately protected, a restriction shall be placed on the title of the property and a note placed on the face of the final plat, if platting is required, which specifies that the tract(s) has been classified as permanent open space. The restriction shall also indicate that uses permitted within the open space are limited to those identified in subsection (C)(2) of this section.
b. Prior to or concurrent with final approval of a discretionary land use permit or building permit, the open space area(s) shall be placed in a separate tract(s), protective easement, public or private land trust dedication, or similarly preserved through an appropriate protective mechanism as determined by the Department.
2. Public Access.
a. If tax benefit incentive is used, the Department shall require public access to the open space tract(s) except as provided in subsection (D)(2)(c) of this section.
b. If the Department requires public access to an open space tract(s) as specified in subsection (D)(2)(a) of this section, then, prior to or concurrent with final approval of a discretionary land use permit or building permit, an easement shall be granted to the City of University Place providing for public access to the classified tract(s).
c. Public access is not required when determined to be inappropriate due to the presence of sensitive environmental areas or other unique features which would be better preserved and protected by limiting access.
(Ord. 741 § 1 (Exh. O), 2020; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.70.090 Solid/hazardous waste handling, treatment, and storage facilities.
A. Purpose. The purpose of this section is to use buffering, fencing, and landscaping concepts to:
1. Provide mitigation measures to reduce noise, odor, dust, litter, and lighting impacts on users of the site and abutting uses and to coordinate these measures with the permit requirements of other local and State agencies;
2. Promote compatibility between land uses and unify development with aesthetic screening;
3. Provide mitigation measures for security, vector, and fire control;
4. Provide for potential corrective measures for ground water protection; and
5. Promote the use of water conservation in the design, planting, and maintenance of landscaping.
B. Development Standards. The following development standards are applicable to all solid waste facilities whether or not a solid waste permit is required by State regulations or the Tacoma-Pierce County Health Department, unless otherwise stated. These standards are in addition to the other requirements of each zone classification. Individual facilities requiring a special use permit may be subject to increases to these standards by the Hearings Examiner.
C. Waste Handling Facilities.
1. Applicability. These development standards apply to the following types of facilities:
a. Organic waste processing facility, including any solid waste facility specializing in the controlled composition of organic solid waste and requiring a solid waste permit under Chapter 70.95 RCW, and to any soil treatment or composting facility designed to handle more than 40 cubic yards and which composts a feedstock material other than municipal solid waste;
b. Municipal solid waste (MSW) composting facility, including any MSW composting facility which requires a solid waste permit including a facility located within an enclosed structure; and
c. Transfer station, waste separation recovery facility, and moderate-risk waste facility, including all interim transfer facilities receiving solid waste from off site and which require a solid waste permit under Chapter 70.95 RCW.
2. Buffering. Waste handling facilities shall have a buffer zone around the active area so that the active area is no closer than 50 feet to the facility property line when adjacent to existing public, residential or commercial zones, including the R1, R2, MF-L, MF-H, POS, MU-O, MU, MU-M, NC, MU-N45, MU-U75 and MU-C110 zones.
3. Fencing. To impede entry by the public and animals, a waste handling facility shall have perimeter fencing six feet in height with lockable gate; provided, that no sight-obscuring fence constituting a traffic hazard is erected within any required setback flanking a street. Every fence shall be maintained in a condition of good repair and shall not be allowed to become or remain in a condition of disrepair including, but not limited to, noticeable leaning, sagging, missing sections or broken supports.
4. Landscape Screening. To be adequately screened to prevent blowing of litter and minimize noise and dust nuisances, a waste handling facility shall have a perimeter landscaping area which is not less than 20 feet in width. Landscape screening shall be designed and maintained so as not to impair vehicle visibility at corner intersections or adjacent to points of ingress and egress. Landscape planting screens shall be planted according to an approved site plan, with due consideration to seasonal planting conditions, irrigated as necessary, and permanently maintained. All planting material which does not live shall be replaced within the next planting season. Landscaping areas shall incorporate the following elements:
a. A perimeter, sight-obscuring earth berm when adjacent to existing public, residential, or commercial uses or public, residential, or commercial zones, including the R1, R2, MF-L, MF-H, POS, MU-O, MU, MU-M, NC, MU-N45, MU-U75 and MU-C110 zones, at least three feet high with a slope of not more than 40 percent (1:2.5) on the side away from the active area, and terraced and/or planted with groundcover to minimize erosion;
b. At least one row of deciduous and evergreen trees, staggered and spaced not more than 15 feet apart;
c. At least one row of evergreen shrubs spaced not more than five feet apart which will grow to form a continuous hedge at least five feet in height when adjacent to existing public, residential, or commercial uses or public, residential, or commercial zones, including the R1, R2, MF-L, MF-H, POS, MU-O, MU, MU-M, NC, MU-N45, MU-U75 and MU-C110 zones; and
d. A mixture of lawn, low-growing shrubs, or hardy evergreen groundcover over the balance of the area.
5. Use of Existing Vegetation to Satisfy Requirements. The applicant is responsible for submitting to the City an alternative conceptual landscape plan, supporting photographs, and a brief explanation as to how the alternative plan satisfies the intent of the landscaping required for each type of facility. Supplemental plant material may be required to be installed within the natural landscape area, critical area, or critical area buffer to fully comply with the intent of this section.
D. Drop Box Transfer Station. This subsection applies to all drop box transfer stations receiving solid waste from off site and requiring a solid waste permit under Chapter 70.95 RCW.
1. Fencing. To impede entry by the public and animals, a drop box transfer station shall have perimeter fencing six feet in height with lockable gate; provided, that no sight-obscuring fence constituting a traffic hazard is erected within any required setback flanking a street. Every fence shall be maintained in a condition of good repair and shall not be allowed to become or remain in a condition of disrepair including, but not limited to, noticeable leaning, sagging, missing sections or broken supports.
2. Landscape Screening. To be adequately screened from residential development, a drop box transfer station shall have a perimeter landscaping area of mixed evergreen trees and shrubs that is not less than six feet in width when adjacent to existing public, residential, or commercial uses or public, residential, or commercial zones, including the R1, R2, MF-L, MF-H, POS, MU-O, MU, MU-M, NC, MU-N45, MU-U75 and MU-C110 zones. Landscape planting screens shall be planted according to an approved site plan, with due consideration to seasonal planting conditions, irrigated as necessary, and permanently maintained. All planting material which does not live shall be replaced within the next planting season.
(Ord. 741 § 1 (Exh. O), 2020; Ord. 662 § 1 (Exh. A), 2015; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.70.100 Vehicle impound yards.
Vehicle impound yards use type refers to uses dealing with impound facilities for motor vehicles. Vehicle impound yards are subject to all the following performance standards:
A. The maximum size of a vehicle impound yard is one acre.
B. One vehicle impound yard is permitted per every 10,000 City population (based on most recent State Office of Financial Management population estimate).
C. A minimum 50-foot setback shall be required between a vehicle impound yard area and all zones other than Mixed Use – Urban/Industrial.
D. That portion of a vehicle impound yard within 200 feet of a zone other than MU-U/I75 shall provide Level I landscaping. Portions of vehicle impound yards beyond 200 feet of zones other than MU-U/I75 shall provide Level III landscaping.
E. A sound-attenuating wall shall be required between the vehicle impound yard and any zone other than MU-U/I75 within 200 feet. The wall shall be approved by the Director.
F. Lighting shall be shielded from residential areas.
G. Water quality protection systems for the vehicle impound yard shall be provided in compliance with City standards and best management practices.
H. That portion of a vehicle impound yard within 200 feet of a zone other than MU-U/I75 shall have hours of operation only between 7:00 a.m. and 8:00 p.m.
(Ord. 741 § 1 (Exh. O), 2020; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.70.110 Secure community transition facilities.
A. Applicability. This section applies to secure community transition facilities. The requirements of this section shall be imposed at the initiation of any secure community transition facility use, and upon any addition or modification to a secure community transition facility use or structure housing that use.
B. Location. Secure community transition facilities are permitted in the MU-U/I75 zone subject to the provisions of Chapter 19.40 UPMC, Essential Public Facilities, and upon obtaining a conditional use permit and subject to the following siting criteria:
1. In no case may a secure community transition facility be sited adjacent to, immediately across a street or parking lot from, or within the line of sight of sensitive receptors in existence at the time a site is listed for consideration. “Within the line of sight” means that it is possible to reasonably visually distinguish and recognize individuals.
2. In no case may a secure community transition facility be sited within 300 feet of a residential zoning district.
C. Use Requirements. The following requirements apply to each secure community transition facility:
1. The applicant must demonstrate that the facility meets the definition of secure community transition facility.
2. The secure community transition facility and its operator must have received all necessary permits or approvals from the State of Washington Department of Social and Health Services.
3. The applicant must demonstrate compliance with State of Washington Department of Social and Health Services guidelines established pursuant to Chapter 71.09 RCW now or as hereafter amended.
4. The applicant must demonstrate compliance with the requirements of Chapter 71.09 RCW, now or as hereafter amended.
5. For purposes of this section, the applicant must demonstrate compliance with the cited guidelines and statutory provisions through a written description specifically describing the steps taken to satisfy such guidelines or statutory requirements. In the event that compliance with the cited guidelines and statutory provisions can occur only during the construction of the facility or during its operation, then the applicant shall set forth the specific steps that will be taken to comply with such provisions, and such steps shall be made a condition of the conditional use permit for the facility.
D. Conditions. The City may impose conditions to mitigate any and all potential adverse impacts of the facility on surrounding uses, except that for the requirements specifically addressed in RCW 71.09.285 through 71.09.340 inclusive, now or as hereafter amended, such conditions may not impose restrictions on the facility greater than those set forth in the cited statutory provisions. A maximum of three beds can be provided in a secure community transition facility.
E. Additional Public Safety Measures. The City may seek additional public safety measures for any facility proposed under this section beyond those suggested by statute or proposed by the applicant. The City shall submit the comments to the Department of Social and Health Services in the manner and at the times set forth in Chapter 71.09 RCW now or as hereafter amended. The City may petition the Governor to designate a person with law enforcement expertise to review the Department of Social and Health Services response to the City’s comments in the manner set forth in Chapter 71.09 RCW.
F. Additional Risk Potential Activities. The City may suggest additional risk potential activities, as defined in Chapter 71.09 RCW, now or as hereafter amended, for consideration by the Department of Social and Health Services, consistent with the provisions of Chapter 71.09 RCW, now or as hereafter amended.
(Ord. 741 § 1 (Exh. O), 2020; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003).
19.70.120 Manufactured housing.
Manufactured homes are permitted in all zones that permit single-family detached and duplex housing provided:
A. The manufactured home shall be a new manufactured home;
B. The manufactured home shall be set upon a permanent foundation, as specified by the manufacturer, and the space from the bottom of the home to the ground shall be enclosed by concrete or an approved concrete product which can be either load bearing or decorative;
C. The manufactured home shall comply with all design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located;
D. The home is thermally equivalent to the State Energy Code; and
E. The manufactured home otherwise meets all other requirements for a designated manufactured home as defined in RCW 35.63.160.
(Ord. 741 § 1 (Exh. O), 2020; Ord. 662 § 1 (Exh. A), 2015; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005)
19.70.130 Drive-through and drive-up facilities.
A. Purpose. The purpose of this section is to recognize that drive-through and drive-up uses may be appropriate at some locations; provided, that such uses are located in consideration of adjacent land uses, traffic patterns, aesthetics compatibility, vehicular/pedestrian conflicts, noise, light and glare.
B. Where Permitted. Drive-through and drive-up uses are permitted as an accessory use to any principal use allowed in the following zones subject to the standards included in this section and a conditional use permit if applicable:
1. Neighborhood Commercial;
2. Mixed Use;
3. MU-U75 except between 28th Street West and 38th Street West on Bridgeport Way, and on Market Place, Market Square, Market Court, Larson Lane and Drexler Drive;
4. MU-U75 south of 40th Street and west of Bridgeport Way West requires a conditional use permit;
5. MU-N45 except between 28th Street West and 38th Street West on Bridgeport Way; and
6. MU-C110.
C. Exemptions. Uses regulated by this section include any use that utilizes a drive-through or drive-up as part of their service to customers. Examples include but are not limited to automobile services, restaurants including espresso stands, financial institutions, retail and service uses and drop boxes. The following uses are exempt from this section:
1. Delivery and loading spaces required pursuant to Chapter 19.60 UPMC.
2. Drop boxes, including library, bank and video drop boxes.
3. Hotel porticos and valet parking services.
4. Curbside to-go services where a parking stall is reserved for a customer who calls in a to-go order. The customer may or may not get out of the car. One stall is allowed per restaurant use.
D. Standards. New drive-through and drive-up facilities, and major improvements to or major redevelopment of drive-through and drive-up facilities, shall comply with the following standards:
1. To achieve the vision of a pedestrian-oriented zone, in addition to this code section, drive-through and drive-up facilities located within the MU-U75 zone shall comply with the following requirements:
a. Where drive-through or drive-up facilities are proposed to be located within existing commercial centers, a minimum of two of the following requirements shall be met:
(1) An additional pedestrian connection between the public street and the principal building within the shopping center.
(2) An additional pedestrian connection to a second public street for shopping centers with two or more street frontages.
(3) Provide two additional pedestrian connections between parking areas located within the center and buildings within the center.
(4) Provide an additional 750 square feet of plaza area within the shopping center. The plaza area shall be improved in accordance with Chapter 19.50 UPMC.
(5) Provide a pedestrian connection from the principal building to a neighboring property.
(6) Provide enhanced walkways that exceed the design standards through landscaping and design.
(7) Provide enhancement to an existing pedestrian connection within the commercial center, or upgrade the existing connection to current pedestrian connection standards as described in subsection (D)(1)(b) of this section.
(8) Provide amenities that achieve the goal of the MU-U75 zone that meet or exceed the options listed above and are approved by the Director.
b. Pedestrian connections shall be a minimum of five feet wide. Raised walkways are preferred. The City may consider alternative designs where major design challenges exist. The walkways shall be differentiated from the parking area by use of alternate materials or finishes. Paint striped walkways would not be allowed to meet this requirement. Alternate materials can include but are not limited to: concrete, pavers, stamped and painted asphalt, or others subject to City approval.
2. Traffic and Circulation. Drive-through and drive-up facilities located within all zones shall comply with the following requirements:
a. Except at entry and exit points, drive-through stacking lanes shall be separated physically (i.e., by a wall, raised curb or landscape planter) from the parking lot, and shall comply with the following capacity standards:
|
Use |
Length of Stacking Lane(s) |
|---|---|
|
Bank/Retail |
3 – 6 cars, depending upon volume |
|
Restaurants |
8 – 12 cars, depending upon volume |
|
Automobile Service, Other |
Determined on an individual basis, depending on volume |
b. The entrance and exit from a drive-through lane, or designated drive-up parking spaces, shall be internal to the site and not a separate entrance/exit to or from the street.
c. The drive-through stacking lane shall be situated so that any overflow from the stacking lane shall not spill out onto public streets or major circulation aisles of any parking lot.
d. Except as provided in subsection (D)(2)(d)(1) of this section, drive-through lanes and drive-up spaces shall be located in the rear or side yards and shall not be placed between a street and the building. See Diagram 1.
(1) In cases where there is a grade difference of more than six feet and a slope greater than 150 percent between the adjacent street and the property in question precluding direct pedestrian entrance from a street, drive-through lanes may be located between the street and the building provided the drive-through use is:
(A) Located in a Level II commercial center; and
(B) Below grade of the adjacent street; and
(C) Pedestrian amenities are provided in accordance with subsection (D)(1) of this section.
e. Reserved parking spaces for drive-through orders may be required.
f. Vehicle conflicts with pedestrians and bicycles shall be minimized.
3. Landscaping and Screening.
a. Drive-through windows, menu boards, stacking lanes, drop-offs, and drive-up spaces shall be located to minimize impacts to adjacent properties and screened from the public right-of-way to the maximum extent possible. At a minimum, a berm or wall and Level III landscaping shall be required.
b. The drive-through, drop-off or drive-up facility shall be buffered and visually screened from residential development with a wall and Level I landscaping, or by other equivalent natural or constructed barriers, such as other commercial development.
4. Architecture. Drive-through elements shall be architecturally integrated into building design and not appear to be applied or stuck on to the building.
Not Architecturally Integrated
Architecturally Integrated
5. Noise.
a. The project applicant shall provide the plans and specifications for any potential noise sources, such as intercom system, trash compactor, etc. Plans shall include measures to mitigate any potential adverse impact from such noise sources. Plans shall include calculations from a qualified design professional specializing in environmental acoustics.
b. Speakers at drive-through facilities shall not be audible to adjacent residential uses or disturbing to adjacent nonresidential uses. Sound attenuation walls or other mitigation measures shall be required as necessary.
c. Speaker boxes of any point-to-point intercom system shall be oriented away from residential development and other sensitive receptors located in the general area of the drive-through facility.
d. Outdoor maintenance and cleaning activities shall be limited if determined necessary by the City to achieve compatibility with surrounding land uses.
e. The on-site manager shall not permit any loud music, noise or other sounds by means of radio, or other broadcasting apparatus or device, and shall not permit fighting, quarreling, loitering, or loud noise or other nuisance which disturbs the quiet and peace of the premises or the neighborhood.
f. Hours of operation shall be limited as determined necessary by the City to achieve compatibility with surrounding land uses.
6. Emission Control. Drive-through and drop-off lanes and drive-up spaces shall not be located adjacent to plazas and other pedestrian use areas, other than walkways, and are discouraged adjacent to nonresidential buildings within 30 feet of the proposed lane. Drive-through stacking lanes shall not be located within 50 feet of any residential uses.
7. Light and Glare. All lighting fixtures shall be designed, installed and maintained to direct light only onto the subject property.
8. Maintenance. The site shall be maintained in a litter-free condition and no undesirable odors shall be generated on the site. The on-site manager shall make all reasonable efforts to see that the trash or litter originating from the use is not deposited on adjacent properties. Trash enclosures and bins shall be enclosed on all sides to suppress odors and prevent spillage of materials. Graffiti shall be removed within 48 hours.
E. Additional Conditions. The standards in this section constitute the minimum deemed necessary under general circumstances and in most cases to prevent adverse effects from drive-through facilities. Other and further standards may be required as conditions of approval to ensure that such uses are consistent with the Comprehensive Plan and findings required to grant a conditional use permit if one is required.
F. Continuation of Use. If any nonconforming drive-through or drive-up facility is discontinued for a period of 12 months or longer, any new drive-through facility shall comply with these standards.
1. A nonconforming drive-through lane or drive-up may relocate to a more conforming location consistent with this section.
(Ord. 741 § 1 (Exh. O), 2020; Ord. 701 § 1 (Exh. A), 2018; Ord. 662 § 1 (Exh. A), 2015; Ord. 607 § 1 (Exh. A), 2012; Ord. 599 § 1 (Exh. C), 2011; Ord. 455 § 1 (Exh. A), 2005).
19.70.140 Marijuana related uses.
A. Purpose. The purpose of this section is to regulate marijuana producers, processors, and retailers, medical marijuana cooperatives, and marijuana research regulated under Chapters 69.50 and 69.51A RCW by identifying appropriate land use districts and establishing development and performance standards. Marijuana producers, processors, and retailers shall only be permitted when licensed by the Washington State Liquor and Cannabis Board. The production, sale, and possession of marijuana remains illegal under the Federal Controlled Substances Act. Nothing herein or as provided elsewhere shall be construed as authority to violate or circumvent Federal law.
B. Applicability. This section applies to marijuana uses licensed by the Washington State Liquor and Cannabis Board.
C. Permitted Uses. Only marijuana retailers, producers and processors licensed by the Washington State Liquor and Cannabis Board are allowed. Marijuana production or processing shall not be considered agricultural uses.
D. Review Required – Conditional Use Permit. A conditional use permit is required to operate any marijuana retailer, producer, or processor. Conditional use permits shall be processed in accordance with UPMC 19.85.020 and UPMC Title 22 and with all other applicable provisions of the University Place Municipal Code.
E. Limitations on Marijuana Retail Uses. The following limitations shall apply to all marijuana retailers, unless stated otherwise:
1. A marijuana retailer shall not be located within 1,000 feet of the following uses or any use included in Chapter 314-55 WAC now or as hereafter amended:
a. Elementary or secondary school;
b. Playgrounds;
c. Recreation center or facility;
d. Child care centers;
e. Public parks;
f. Public transit centers;
g. Libraries; and
h. Any game arcade where persons under 21 years of age are not restricted.
2. No marijuana retailer shall be located within 1,000 feet of any other marijuana retailer.
F. Limitations on Marijuana Processors and Producers. The following limitations shall apply to all marijuana processors or producers, unless stated otherwise:
1. A marijuana processor or producer shall not be located within 1,000 feet of the following uses or any use included in Chapter 314-55 WAC now or as hereafter amended:
a. Elementary or secondary school;
b. Playgrounds;
2. Marijuana processors or producers shall not be located within 100 feet of the following zones and uses or any use included in Chapter 314-55 WAC now or as hereafter amended:
a. R1 or R2 zones;
b. Recreation center or facility;
c. Child care centers;
d. Public parks;
e. Public transit centers;
f. Libraries; and
g. Any game arcade where persons under 21 years of age are not restricted.
G. Limitations on All Marijuana Uses. The following limitations shall apply to all marijuana uses, unless stated otherwise:
1. Odor. Marijuana odor shall be contained within the structure and/or tenant space so that odor from the marijuana cannot be detected by a person with a normal sense of smell from any abutting use or property. If marijuana odor can be smelled from any abutting use or property, the marijuana retailer shall be required to implement measures, including but not limited to the installation of the ventilation equipment necessary to contain the odor.
H. Marijuana Cooperatives. Marijuana cooperatives, as defined in RCW 69.51A.250 and WAC 314-55-410, are allowed in accordance with State law requirements and the following additional standards:
1. Marijuana cooperatives must be conducted in a manner that is clearly secondary and incidental to the primary use of the property as a residence and do not significantly alter the exterior of the property or affect the residential character of the neighborhood.
2. No outdoor display or storage of marijuana growing, processing or producing materials, goods, supplies, or equipment is allowed.
3. No change in the outside appearance of the building or premises or other visible evidence that the residence is being used for a cooperative is permitted.
4. The cooperative shall not generate nuisances such as traffic, on-street parking, noise, vibration, glare, odors, fumes, electrical interference, or hazards to any greater extent than what is usually experienced in the residential neighborhood.
(Ord. 741 § 1 (Exh. O), 2020; Ord. 685 § 2 (Exh. A), 2017).