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HomeMy WebLinkAboutOrdinances - 2015-09 - Amending sections of Chapter 17 of the EWMC and adding Chapter 17.43 C-L, Light Commercial Zoning District - 3/24/2015City of East Wenatchee, Washington Ordinance No. 2015-09 An Ordinance of the City of East Wenatchee amending Sections 17 .12.010, 17.72.060(G), and 17.72.080(A) of the East Wenatchee Municipal Code and adding a new Chapter 1 7.43 C-L, Light Commercial Zoning District. Una Ordenanza de la Ciudad de East Wenatchee Secciones modifican las 17.12.010, 17.72.060 (G), y 17.72.080 (A) del C6digo Municipal Wenatchee Oriente y la adici6n de un nuevo capitulo 17.43 CL, Luz Comercial Distrito de Zonificaci6n. 1. Alternate format. 1.1. Para leer este documento en otro formato (espafiol, Braille, leer en voz alta, etc.), p6ngase en contacto con el vendedor de la ciudad al alternatformat@east-wenatchee.com, al (509) 884-9515 o al 711 (TTY). 1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@east-wenatchee.com, at (509) 884-9515, or at 711 (TTY). 2. Recitals. 2.1. The City of East Wenatchee ("City") is a non-charter code City duly incorporated and operating under the laws of the State of Washington; and 2.2. The East Wenatchee Planning Commission and the Douglas County Planning Commission held a duly advertised, public hearing on February 17, 2015, to consider proposed text amendments to the East Wenatchee Municipal Code. Following the public hearing, the planning commissions separately took action to recommend approval of the text amendments and entered findings and conclusions into the record in support of their recommendation. The vote of the Douglas County Planning Commission was unanimously in favor (5-0). The vote of the East Wenatchee Planning Commission was 4 in favor (Birks, Hill, Mott, Everett) and 1 (Nelson) opposed. 2.3. On March 24, 2015, the City Council of East Wenatchee ("City Council") and Douglas County Board of County Commissioners held a public workshop to review the record of the planning commissions' public hearing. 2.4. On March 24, 2015, the City Council and the Douglas County Commissioners held a public meeting to consider the planning commissions' recommendation. 2.5. The City Council finds that it is in the best interests of the City and its citizens to establish a new Light Commercial Zoning District. 3. Authority. RCW 35A.ll.020 and RCW 35A.12.190 authorize the City Council to adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the good government of the City. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: 4. Purpose. The purpose of this ordinance is to establish a new Light Commercial Zoning District for application within the expanded urban growth area. 5. Findings of Fact and Conclusions of Law. The City Council adopts the findings of fact and conclusion of law as set forth in Exhibit A. 6. Amendment l.The City Council amends Section 17.12.010 of the East Wenatchee Municipal Code to read as follows: 17.12.010 List of zones. A. The incorporated territory of the city is divided into the following land use districts: 1. R-L residential low density district: R-L; 2. R-M residential medium density district: R-M; 3. R-H residential high density/office district: R-H; 4. CBD central business district: CED; 5. G-C general commercial district: G-C; 6. NC neighborhood commercial: NC; 7. C-L light commercial: C-L ~ WMU waterfront mixed use: WMU; 8~. MU mixed use: MU; 910. P public district: P; -±-011. FH flood hazard zoning district: FH. B. These use districts of the city are established and designated by a legend on the official zoning map of the city. The regulations listed in this title for each district shall be the minimum requirements. C. For purposes of this title, the term "residential district" shall include only: R-L, R-M and R-H districts. 7. Amendment 2. The City Council amends Section 17.72.060(G) of the East Wenatchee Municipal Code to read as follows: City of East Wenatchee Ordinance 2015-09 Page 2of11 Percent of Minimum Zoning Classification Gross Site Area to Be Landscaped R-L, R-M 20% R -H 15% NC, G-C, CBD, C-L, WMU, MU 7% FH, Planned Unit Development To be determined by the planning commission 8. Amendment 3 . The City Council amends Section 17.72.0SO(A) of the East Wenatchee Municipal Code to read as follows: 17. 72.080 Screening requirements. In order to reduce the incompatible characteristics of abutting properties with different land use classifications, the following standards shall apply. This type of landscaping will be installed in planting strips on the interior property line according to the other requirements of this chapter, and the amount of landscaping shall not be counted towards meeting the minimum stated in EWMC 17. 72.060. A. Type I screening is intended to create a visual separation between incompatible uses. Type I requirements are as follows: landscaping shall be made up of evergreen trees planted at a maximum of 15 feet on center. Deciduous trees are also encouraged to add seasonal and textural variation. Up to 25 percent of required evergreen trees may be deciduous trees. Medium-sized shrubs (three to five feet maturity height) and groundcover plants shall be added at a density to form an effective barrier to cover 85 percent of the ground surfacing and horizontal separation within three years. Type I landscaping shall incorporate the use of either earth-berming or a six-foot-high sight-screening fence. If the earth-berming alternative is chosen, medium-sized shrubs shall be spaced at a maximum of four and one-half feet on center. If the fence option is selected, maximum spacing shall be six feet on center. Minimum width shall not be less than 10 feet. 1. Type I screening is required when the following land use districts abut : District in Which Development Is Proposed District to Be Screened R-M, R-H R -L NC , G-C , CED, C-L,_WMU, MU R -L, R-M 2. Mobile home parks shall have Type I landscaping installed around the perimeter of the development in the required open space buffer, which shall not be less than 15 feet in width. 3. Churches, community clubhouses and other conditional uses in the R-L district shall install Type I screening seven feet in width on any interior property line. City of East Wenatchee Ordinance 2015-09 Page 3of11 9. Amendment 4. The City Council adds a new Chapter 17.43 -Light Commercial to the East Wenatchee Municipal Code as set forth in Exhibit B to this Ordinance: 10. Severability. If a court of competent jurisdiction declares any provision in this Ordinance to be contrary to law, such declaration shall not affect the validity of the other provisions of this Ordinance. II.Publication. The City Council directs the City Clerk to publish a summary of this Ordinance. The summary shall consist of the title of this Ordinance. The City Council directs the City Clerk to publish a copy of this Ordinance on the City's website . 12. Effective Date. This Ordinance becomes effective five days after the date its summary is published. Passed by the City Council of East Wenatchee, at a regular meeting thereof on this "2Y Jh day of iv\atcA , 2015 . _ The City of East Wenatchee, Washingto Authenticated: Dana Barnard, City Clerk Devin Poulson, City Attorney Filed with the City Clerk: Passed by the City Council: Published: Effective Date: City of East Wenatchee Ordinance 2015 -09 Page 4of11 Summary of City of East Wenatchee, Washington Ordinance No. 2015-09 On the ..d.Y!}day of <-/Y}J;icJi.c , 2015, the City Council of the City of East Wenatchee, Washington approved Ordinance No. 2015-09, the main point of which may be summarized by its title as follows: An Ordinance of the City of East Wenatchee amending Sections 17.12.010, 17.72.060(G), and 17 .72.0SO(A) of the East Wenatchee Municipal Code and adding a new Chapter 17.43 C-L, Light Commercial Zoning District. Una Ordenanza de la Ciudad de East Wenatchee Secciones modifican las 17.12.010, 17.72.060 (G), y 17.72.080 (A) del C6digo Municipal Wenatchee Oriente y la adici6n de un nuevo capitulo 17.43 CL, Luz Comercial Distrito de Zonificaci6n. The full text of this Ordinance is available at www.east-wenatchee.com. Dated this _fi!f!'day of l)thla.; &11~ Dana Barna;d,City Clerk City of East Wenatchee Ordinance 2015 -09 Page 5of11 ~m121_c;A , 2015. Exhibit A Findings of Fact and Conclusions of Law Findings of Fact 1. Amend the Greater East Wenatchee Area Comprehensive Plan (GEWA) (text and maps) including Chapters 1-8 and Chapter 10 and including a new Appendix B containing a Combined Capital Facilities Plan. This proposal is an area-wide map amendment changing the land use designations for various properties including an expansion of the urban growth area (UGA) boundary for East Wenatchee. The expansion of the urban growth area boundary will also result in an amendment to the Douglas County Countywide Plan and zoning map to change the designation of properties that will be included in the expanded urban growth area. This project has been in process for several years and is considered to be part of the 2014 annual review of the comprehensive plan. 2. Amend the East Wenatchee Municipal Code within Chapter 17 -the Zoning Code and are intended to implement the amendments in the GEWA. The amendments include a. New Section -17.72.260 Required Use of Public Sanitary Sewer System. b. New Section -17.72.270 Density Standards c. New Chapter -Chapter 17.73 Open Space Standards d. New Chapter -Chapter -17.43 C-L Light Commercial District e. Amendment to EWMC 17 .38.060 Dimensional Standards for the NC - Neighborhood Commercial Zoning District 3. The proposal will be applicable to properties within the city limits and in the unincorporated area within the urban growth area surrounding the city of East Wenatchee in Douglas County, Washington as well as properties that are immediately adjacent to the UGA since this proposal includes an expansion of the UGA. 4. Douglas County and East Wenatchee have adopted a comprehensive plan in accordance with the provisions of the Growth Management Act and RCW Chapter 36. 70A. 5. RCW Chapters 36. 70A authorize the adoption of amendments to comprehensive plans and development regulations. 6. The planning commissions are responsible for long·range planning matters and providing implementation recommendations to assure compliance with the GMA. 7. A threshold determination and environmental review pursuant to RCW 43.21C the State Environmental Policy Act was completed and a Determination of Non- significance including a comment period was issued on January 23, 2015. The City of East Wenatchee Ordinance 2015·09 Page 6of11 comment period for the Determination of Non-significance expires on February 9, 2015. 8. A 60-day notice of intent to adopt amendments to the comprehensive plan and development regulations was submitted to Washington State Department of Commerce (Commerce) and other state agencies for review of the proposal on September 30, 2014. The deadline for comments was December 1, 2014. Commerce assigned Material ID 20671 to the proposal. 9. The notice of intent to adopt amendments to the comprehensive plan and development regulations was submitted to Douglas County, East Wenatchee Water District, Douglas County Sewer District, City of Wenatchee, and Chelan County on September 30, 2014 requesting comments by December 1, 2014. 10.RCW Chapter 36.70A.110 requires the periodic review and update (if necessary) of urban growth area (UGA) boundaries on at least a 10 year cycle to determine if there is sufficient land within the UGA to accommodate the growth projected to occur in the 20-year planning horizon. 11. The Douglas County Regional Policy Plan recommends a review ofUGA boundaries every 7 years. 12.A Land Capacity Analysis was conducted in compliance with the process outlined in WAC 365-195-335 and the Douglas County Regional Policy Plan. That analysis concluded that there is insufficient vacant land within the existing UGA to accommodate the projected growth over the next 20 years. 13. The East Wenatchee Planning Commission held public workshops on May 1, 2013, May 22, 2013, and June 12, 2013 to develop a preliminary preferred alternative for expansion of the UGA. Advance notices of those public workshops were published in the Wenatchee World and mailed to area property owners. 14. The preliminary preferred alternative, comprehensive plan amendments, and combined capital facilities plan were discussed and reviewed by the East Wenatchee Planning Commission at a public workshop on June 18, 2013. Advance notice of the public workshop was published in the Wenatchee World and mailed and e-mailed to interested parties. 15. The preliminary preferred alternative, comprehensive plan amendments, and combined capital facilities plan was discussed and reviewed by the East Wenatchee City Council and Douglas County Commissioners at a public workshop on June 25, 2013. Advance notice of the public workshop was published in the Wenatchee World. 16. The proposed zoning text amendments were discussed and reviewed by the City Planning Commission at public workshops on July 17, 2012, August 7, 2012, December 4, 2012, September 3, 2013, November 5, 2013, December 2, 2014 and on January 20, 2015. Advance notices of those public workshops were published in the Wenatchee World and or mailed and e-mailed to interested parties. City of East Wenatchee Ordinance 2015-09 Page 7of11 17.At a public workshop on November 5, 2013, the City Planning Commission expanded the preliminary preferred alternative UGA expansion area to include 22 aces east of the Canyon Hills subdivision and approximately 86 acres north of 10th Street NE and east of Kentucky Avenue. Advance notice of the public workshop was mailed and e-mailed to interested parties. 18. The proposed amendments to the GEWA and zoning code were presented to the Douglas County Planning Commission at their November 12, 2014 public meeting. Advance notice of the meeting was e-mailed to interested parties. 19.Agricultural lands proposed for inclusion in the East Wenatchee Urban Growth Area are adjacent to lands characterized by urban growth. 20. The existing urban growth area does not contain sufficient land area to accommodate the project growth for the 20 year population projection. Critical area, topographic and infrastructure constraints present within rural lands limit the ability of rural lands to accommodate the projected 20 year population projection. 21.Agricultural lands proposed for inclusion in the East Wenatchee Urban Growth Area contain moderate topography, limited critical areas, and are in relatively close proximity to urban governmental services. 22. WAC 365-190·040(g) recognizes that land use planning is a dynamic process and that the procedures for de-designation should provide a rationale and predictable basis for accommodating change. This WAC standard also contemplates that changes in circumstances pertaining to the comprehensive plan or public policy can be appropriate rationale for a change to resource land designations. 23. The classification criteria in WAC 365-190-050 establishes that Counties and cities shall consider the effects of proximity to population areas and the possibility of more intense uses of the land as indicated by: J. The availability of public facilities; k. Tax status; 1. The availability of public services; m. Relationship or proximity to urban growth areas; n. Predominant parcel size; o. Land use settlement patterns and their compatibility with agricultural practices; p. Intensity of nearby land uses; q. History of land development permits issued nearby; r. Proximity of markets. 24.RCW 36.70A.110 Comprehensive plans-Urban growth areas, RCW 36.70A.130(3)(b) Comprehensive plans· Review procedures and schedules· City of East Wenatchee Ordinance 2015·09 Page 8of11 amendments, and countywide planning policies A-4 and A-9, clearly establish an obligation for the City of East Wenatchee to accommodate growth projected for the next 20 year population projection. 25. The City of East Wenatchee has demonstrated through a reasoned process and analysis of existing conditions and data, adopted policies and minimum guidelines and statutes, that the expansion of the City of East Wenatchee Urban Growth Area into designated agricultural lands of long term commercial significance is appropriate and necessary to accommodate the 20 year population projection for the City. 26. Topographic constraints have historically directed urban scale development north along the Sunset Highway corridor and east along the Grant Road corridor into long-established agricultural lands. Lands within the existing UGA meet the current criteria for agricultural lands, including Soil Conservation Service soil classifications 1 through 3, receiving irrigation water, and historically in agricultural production 27. Countywide Planning Policy A-2 The county and cities/towns will cooperatively and jointly designate urban growth areas. The designation of urban growth areas beyond the existing limits of incorporation should be based on a demonstration that public facilities and service capacities either already exist or are planned for and can be efficiently and economically provided by either public or private sources. 28. Countywide Planning Policy A-5: The delineation of the boundaries of urban growth areas will be coordinated and established based on the following considerations: • Geographic, topographic and manmade features; • Existing jurisdictional boundaries, including special improvement districts; • Public facilities and services availability, limits and extensions; Designation of resource lands of long term commercial significance and critical areas; • Potential urban/rural interface conflicts. 29. Countywide Planning Policy A-9: In addition to the criteria for establishing the size and location of an urban growth area, the following findings will be made in approving amendments to an established urban growth area: • The proposed change to the urban growth area will not adversely affect the existing and/or forecasted capacities of the public facilities and services such as domestic water, sewer, streets, etc. • The proposed change to the urban growth area is adjacent and/or connected to the existing urban growth area, and will not create irregular boundaries; City of East Wenatchee Ordinance 2015-09 Page 9of11 • The proposed change to the urban growth area will be to: l)further the economic conditions of the community and be related to commercial, industrial and/or recreational activities; 2) is related to municipal responsibilities for providing public facilities and services such as domestic water systems, sewer systems, storm drainage systems, solid waste activities, emergency and/or law enforcement services, etc.; 3) is related to the need for an additional supply of vacant land for residential development. 30. Lands within the RR-5 land use designation, established by the Douglas County Countywide Comprehensive Plan, were considered in the expansion of the East Wenatchee Urban Growth Boundary. 31. Geographic and topographic constraints limit the ability of many locations within the RR-5 land use designation adjacent to the East Wenatchee Urban Growth Area to efficiently and economically provide a full range of municipal/special purpose district urban governmental services. Additionally, these constraints limit the ability of these lands to accommodate development at intended urban densities specified in the comprehensive plan. These constraints, in part, form a boundary for the East Wenatchee Urban Growth Area in these areas, at this time. 32.165 acres of the RR-5 land use designation of the Douglas County Countywide Comprehensive Plan, can effectively and economically accommodate urban governmental services and desired urban densities; and are appropriate to incorporate into the East Wenatchee Urban Growth Area, as depicted in Exhibit A (Maps 2 and 3). 33. The Washington State Growth Management Act (RCW 36. 70A) requires that cities and counties designate and protect critical areas as defined by the Act. 34. Douglas County and the City of East Wenatchee have identified and designated critical areas. 35. Douglas County and the City of East Wenatchee have adopted comprehensive plan goals and policies and development regulations to preserve, protect, and/or mitigate impacts to development within critical areas. 36.A geographic information systems (GIS) analysis of critical areas has been conducted for the proposed urban growth boundary expansion areas. The acreages designated as critical areas have been deducted from the overall acreage of the UGA expansion. 37. The topography and designated critical areas northeast of the existing UGA, within the Rural Resource 5 zoning district, discourage urban scale development and the efficient and timely extension of utility services. 38. The generally flat to rolling hill topography of the land east of the existing UGA and in the vicinity of Grant Road lends itself to urban scale development and the extension of urban services. City of East Wenatchee Ordinance 2015-09 Page 10of11 39. The topography and location of designated critical areas have been considered in the identification of areas suitable for urban growth. 40. The East Wenatchee Planning Commission and Douglas County Planning Commission have reviewed the entire record including the goals and policies of the comprehensive plans, and public testimony (both written and oral) as it relates to the proposed comprehensive plan amendments. 41. Douglas County and East Wenatchee coordinate in long-range planning within the Greater East Wenatchee Area. The Douglas County Regional Policy Plan, as amended, established the protocol for comprehensive plan amendments. Conclusions of Law 1. The City hereby finds that the proposed amendments to the text and maps of the Greater East Wenatchee Area Comprehensive Plan are consistent with the procedural requirements of the GMA in RCW 36. 70A. 2. The proposal has been processed in compliance with the procedural and substantive requirements of the State Environmental Policy Act, RCW 43.21C. 3. The proposed text amendments are consistent with and implement the goals and policies in the Greater East Wenatchee Area Comprehensive Plan and the Douglas County Regional Policy Plan. 4. Proper legal requirements of RCW 36. 70A.106 and EWMC Title 19 were met and the community was given the opportunity to comment on the proposal at a duly noticed public hearing. City of East Wenatchee Ordinance 2015-09 Page 11of11 Exhibit B Amendment D 17.43 EWMC – C-L (2-17-2015) 1 | P a g e Chapter 17.43 C-L LIGHT COMMERCIAL DISTRICT Sections: 17.43.010 Intent. 17.43.020 Permitted uses. 17.43.030 Accessory Uses. 17.43.040 Conditional Uses. 17.43.050 Prohibited Uses 17.43.060 Development standards. 17.43.070 Off-street parking requirements. 17.43.080 Landscaping. 17.43.090 Signs. 17.43.100 Site plan review. 17.43.110 Design standards and guidelines 17.43.010 Intent. The intent and objective of this classification and its application is to provide for the location of a grouping of uses which are considered compatible uses having common or similar performance standards in that they represent types of enterprises involving the rendering of services, both professional or to the person, or on -premises retail activities. This zone represents the primary commercial designation for small to moderate scale commercial activities and should be developed in a manner which is consistent with and attracts pedestrian-oriented activities. This zone encourages leisure shopping and provides amenities conducive to attracting shoppers. 17.43.020 Permitted uses. Hereafter all buildings, structures or parcels of land shall only be used for the following, unless otherwise provided for in this title: A. Arcades for games; B. Art, music and photography studios; C. Automobile parking facilities; D. Automobile sales and leasing, new and/or used, including light pickup trucks and vans but not including recreational vehicles or heavy trucks, provided the following requirements are met: 1. The business shall be located on an arterial; 2. No repairing, painting or body work shall be conducted outside of a building and no parts storage or inoperable vehicles may be stored outside of a building; 3. If abutting a residential zone, a Type 1 screening shall be required meeting the requirements of EWMC 17.72.080(A) along all property lines abutting a residential zoning district; 4. A minimum of a 25-foot setback shall be required of any building abutting any residential zone; Exhibit B Amendment D 17.43 EWMC – C-L (2-17-2015) 2 | P a g e 5. Other landscaping or architectural improvements may be required to ensure compatibility with present and potential C-L uses in the vicinity; and 6. Vehicle storage may not occupy more than 60 percent of the site that is not covered by structures; E. Automobile service stations, provided they are located at the intersection of two streets, one of which must be an arterial; F. Bakery and pastry shops, products made must be sold at retail on premises; G. Banking and related financial institutions, including drive-in facilities; H. Bowling alleys; I. Brew pubs; J. Child daycare facilities, including Group 1 and 2 child day care centers and family day care homes; K. Civic, social and fraternal clubs; L. Dance studio; M. Delicatessens; N. Dry cleaning and laundry services; O. Funeral homes; P. Government facilities; Q. Grocery stores; R. Hobby shops; S. Hospitals and Medical and dental clinics; T. Hotels; U. Household goods mini-storage, provided the following requirements are met: 1. No more than two main entrances and/or exits to the building and access to the individual storage areas shall be from the inside of the building; 2. Landscaping and architectural improvements required to ensure compatibility with present and potential C-L uses in the vicinity. V. Laundry, self service; W. Massage parlors; X. Meeting rooms and/or reception facilities; Y. Motels; Z. Nursing home, or assisted living facility; AA. Personal service shops; BB. Pharmacies; Exhibit B Amendment D 17.43 EWMC – C-L (2-17-2015) 3 | P a g e CC. Printing and publishing; DD. Professional offices; EE. Radio and television broadcasting studios; FF. Residential structures, existing: Existing residential structures, legally established before the effective date of this zoning district, are permitted to continue as a place of habitation; provided, if the structure housing the residential use obtains an occupancy permit for any other use established in this section, the residential status protected under this provision is revoked. GG. Retail stores and shops, including department and variety stores HH. Religious institutions; II. Restaurant, including outdoor seating and drive-in facilities. Sale of alcoholic beverages is a secondary use and is limited to on-premises consumption; JJ. Schools - commercial, including art, business, barber, beauty, dancing, martial arts and music; KK. Secretarial services; LL. Theaters, except drive-in; MM. Veterinary services and clinics for small animals, no outside runs or kennels are permitted. 17.43.030 Accessory uses. A. Caretaker or owner residence; B. Mixed-use development; provided, that each use is a permitted or conditional use within the zone. Multiple-family dwellings or duplexes as part of a mixed-use development; provided, that compliance to all of the following is demonstrated: 1. Multiple-family dwellings or duplexes shall only occur concurrent with or subsequent to the development and construction of nonresidential components of the mixed-use development; 2. Applications for mixed-use development inclusive of multiple-family residential dwellings and duplexes shall include transportation and traffic analyses appropriate to the type and scale of the proposed development based on the concurrent determination of the city engineer. The city engineer may require the analysis to address, including, but not limited to, a.m. or p.m. traffic impacts; and/or area circulation planning for motorized and nonmotorized modes of travel and connectivity; and/or transportation demand management (TDM) strategies; 3. Applications for the mixed-use development inclusive of multifamily residential dwellings or duplexes shall include written and plan information demonstrating compliance to applicable design standards for mixed -use development contained in the Greater East Wenatchee Area Design Standards and Gu idelines; 4. Mixed-use development comprised of a maximum of one building on a development site must have the entire ground floor comprised of one or more commercial retail, entertainment or office uses. Uses normal and incidental to the Exhibit B Amendment D 17.43 EWMC – C-L (2-17-2015) 4 | P a g e building, including, but not limited to, interior entrance areas, elevators and associated waiting areas, mechanical rooms, and garbage/recycling areas, may be allowed on the ground floor and are permitted. Non-street frontage vehicle garages located on the ground floor together with all other normal and incidental uses shall occupy a maximum of 50 percent of the ground floor space; and 5. Mixed-use development that is geographically distributed on a development site amongst two or more buildings must have a minimum of 50 percent of the cumulative building ground floor square footage comprised of one or more commercial retail, entertainment or office uses that are permitted outright or conditionally. 17.43.040 Conditional uses. The following uses may be permitted when a conditional use permit has been issued pursuant to the provisions of chapters 17.64 and 17.92 EWMC, including all future amendments: A. Utility substations or facilities. B. Duplexes or multi-family housing when not an accessory use in accordance with the provisions of EWMC 17.64.140, including all future amendments. 17.43.050 Prohibited uses. All uses not listed above as permitted uses, accessory uses, or conditional uses shall be prohibited uses. Upon application to the hearing examiner, the hearing examiner may rule that a use not specifically named in the permitted uses of a district shall be included among the allowed uses if the use is of the same general type and is similar to the permitted uses; however, this section does not authorize the inclusion of a use in a district where it is not listed when the use is specifically listed in another district. Prohibited uses include but are not limited to: A. Adult entertainment or adult entertainment facility; B. General industrial uses; C. Marijuana-related business D. Residential uses, except as specifically permitted in this chapter; E. Storage of explosives or materials of such character or in such quantities as to constitute a significantly greater hazard to persons, property or environmental health than that posed by materials commonly used or stored in the ordinary retail and service establishments permitted in this district; F. Vehicle wrecking yards including junk, scrap metal, and other material salvage operations, with the exception of recycling centers, or as provided in this chapter; 17.43.060 Development standards. A. Minimum lot area: none required. B. Minimum lot width: none required. C. Minimum lot depth: none required. D. Maximum lot coverage: 65% for all buildings. Exhibit B Amendment D 17.43 EWMC – C-L (2-17-2015) 5 | P a g e E. Maximum building height: 50 feet. F. Minimum setbacks: 1. Front: 10 feet. 2. Side, interior: none required. 3. Side, street: 10 feet. 4. Rear: none required. 5. Notwithstanding the foregoing, side and rear yards shall be 20 feet when the lot abuts a residential district. G. All uses shall be conducted entirely within a building or structure except: 1. Automobile parking lots; 2. Automobile sales and leasing; 3. Display or sales of goods that do not extend eight feet past the front of the building, do not block entrances or interfere with pedestrian travel, do not interfere with the parking areas and do not encroach upon public property; 4. Outdoor seating for restaurants, theaters or other entertainment; 5. Unloading and loading areas; 6. Utility substations or facilities; 7. Refuse containers; 8. Play areas for daycares. H. Any repairing done on the premises shall be incidental only, and limited to custom repairing of the types of merchandise sold on the premises at retail. The floor area devoted to such repairing shall not exceed 30 percent of the total floor area occupied by the particular enterprises, except that the limitations of this subsection shall not apply to shoe, radio, television or other small appliance repair services. I. Storage shall be limited to accessory storage of commodities sold at retail on the premises or materials used in the limited fabrication of commodities sold at retail on the premises. No outside storage is permitted. J. All storage shall be within an enclosed building or entirely enclosed with a view- obscuring fence supplemented with a landscape strip located between the fence and the property line. Said landscaping strip shall comply with the requirements of EWMC 17.72.080(A) for Type I landscaping, including all future amendments. K. The display of products or outdoor exhibits for public view or show is permitted; provided, that products for sale or rent are stored or displayed outdoors only during business hours and that such products are not located within any pedestrian walkway, parking areas or rights-of-way. Displays of automobiles, boats, farm equipment, and recreational vehicles intended for sale are exempt from this provision provided they are located within an approved display area. Exhibit B Amendment D 17.43 EWMC – C-L (2-17-2015) 6 | P a g e L. Operations conducted on the premises shall not be objectionable beyond the property boundary lines by reason of noise, odor, fumes, gases, smoke, vibration, hazard or other causes. M. No on-site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On-site hazardous waste treatment and storage facilities shall be subject to the state siting criteria (Chapter 70.105 RCW). 17.43.070 Off-street parking requirements. Off-street parking space shall be required in accordance with the provisions set forth in Chapter 17.72 EWMC, including all future amendments. 17.43.080 Landscaping. Landscaping shall be required pursuant to the terms of Chapter 17.72 EWMC, including all future amendments. 17.43.090 Signs. Signs shall comply with the requirements of Chapters 15.24 and 17.74 EWMC, including all future amendments. 17.43.100 Site plan review. Site plan review and approval pursuant to Chapter 17.80 EWMC shall be required prior to the use of land for the location of any commercial activity and for the location of multiple dwelling units. 17.43.110 Design standards and guidelines Development within this district shall comply with the applicable sections of the Greater East Wenatchee Urban Growth Area Design Standards and Guidelines which are adopted by this reference as if fully set forth herein, including all future amendments.