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A. Uses Listed. Table IV-1 designates permitted and provisional land uses in the Pilchuck District zones.

B. Permitted Uses. Uses listed as permitted are defined as those uses permitted by right.

C. Provisional Uses. Uses listed as provisional are defined as those uses that require special consideration due either to their potential impacts on the neighborhood and land uses in the vicinity and/or to the typical physical organization, design, or function of the use. A listed provisional use may be permitted if the proposed use, with or without special conditions, is determined to be consistent with the criteria below.

D. Prohibited Uses. Uses listed in Table IV-1 but not identified as permitted or provisional shall be prohibited.

E. Unlisted Uses. Any proposed use not listed in Table IV-1 shall be classified by the Planning Director as permitted, provisional, or prohibited based on the listed use to which the proposed use is most similar or on the anticipated characteristics and impacts of the proposed use. If the Planning Director determines that the proposed use is not similar to any use in the table and not compatible with the intent of the zone, the proposed use shall not be permitted. The determination of the Planning Director shall be appealable to the Hearing Examiner in accordance with SMC 14.20.170.

F. Applications for provisional or unlisted uses shall be evaluated by the Planning Director, or designee, for conformance with the general criteria listed below. Provisional or unlisted uses shall only be approved if all relevant criteria are met. If necessary for the application to meet the criteria, the Planning Director may impose special conditions of approval. The Planning Director shall issue a written decision of evaluation, including findings of fact and conclusions, and conditions of approval as deemed necessary for compliance with the criteria.

1. The proposed use shall conform with the Pilchuck District goals and policies.

2. The proposed use shall promote, where feasible, activities that foster pedestrian interest and activity in the streetscape, especially on the ground floor/street level. Provisional uses with specific criteria described in reference notes to Table IV-1, Permitted Land Uses, are not required to meet this criterion.

3. The proposed use shall not generate noise, dust, smoke, odors, or create other significant adverse impacts that would detract from the enjoyment and repose of typical residential uses in the vicinity.

4. The proposed use shall not require operational activities 2:00 a.m. to 7:00 a.m. that would significantly detract from the enjoyment and repose of typical residential uses in the vicinity.

5. The proposed use shall primarily occur within an enclosed building, except for temporary open air markets/vendor carts/stands, accessory sales displays intended for a pedestrian clientele, and outdoor seating areas associated with restaurants.

6. Proposed provisional uses shall also conform to the specific criteria described in the reference notes to Table IV-1, Permitted Land Uses.

G. Existing Legal Nonconforming Uses. Legally established uses existing on March 15, 2011, that are not listed as permitted uses on Table IV-1, shall be considered legal nonconforming uses on the site or parcel(s) where established. Legal nonconforming uses shall be classified according to Chapter 14.80 SMC.

1. Any legal nonconforming use that has ceased operation of such use for a period of twelve (12) consecutive months, or through a change of use to a legal conforming use, shall be considered abandoned and shall lose all vested rights to continue or restart the use.

2. An existing legal nonconforming use may be replaced by a new legal nonconforming use if the Planning Director determines:

a. The new use falls under the same general land use category – commercial, industrial, multifamily residential, single-family residential – as the existing legal nonconforming use; and

b. The new use has the same or less aesthetic impacts as the existing legal nonconforming use. “Same aesthetic impacts” means the appearance of the site from the public realm is largely unchanged especially as it relates to outside storage.

i. If the existing legal nonconforming use did not have outside storage the new use shall not have any outside storage.

ii. If the existing legal nonconforming use had outside storage but the new use does not continue to have outside storage within six (6) months of starting operations then the right to have outside storage shall be considered abandoned.

iii. If the existing legal nonconforming use has outside storage then the new use may have outside storage provided the materials stored outside and that are visible from the street do not exceed the existing volume and dimensions of the current legal nonconforming uses’ outside storage; and

c. The new use has the same or less level of activity as the existing legal nonconforming use. Activity level shall be a subjective determination of the Planning Director of the composite activity related to traffic generation, number of employees, number of customers, and hours of operation; and

d. The new use will not require the construction of any new detached structures on the site or parcel(s).

3. Other than the exception described in subsection (G)(2) of this section, any new use on a site or parcel(s) shall be consistent with Table IV-1.

4. Where multiple legal nonconforming uses exist on a site, the legal continuation of each individual use shall be considered separately from all others.

H. Temporary Uses. Temporary uses listed on Table IV-1 or determined consistent by the Planning Director under subsection E of this section may be approved for a maximum of sixty (60) consecutive or nonconsecutive days in any year. Temporary structures associated with approved temporary uses are not required to conform to the building standards in this chapter.

I. Accessory uses, where permitted, shall be subordinate to the primary use(s) on the site.

J. Accessory dwelling units shall only be allowed in conjunction with one (1) single-family home on one (1) lot. All requirements in SMC 14.207.075(2) shall apply to accessory dwellings.

Table IV-1. Permitted Land Uses

Center

Pilchuck Single-Family

Townhouse

Civic

Residential Uses

Single-family

--

Permitted

Permitted

--

Townhouse

Permitted

--

Permitted

--

Bungalow court

Permitted

--

Permitted

--

Stacked-flat multifamily

Permitted

--

--

--

Adult family home

--

Permitted

Permitted

--

Senior citizen assisted living

Permitted

--

--

--

Retail

Retail stores

Permitted

--

--

--

Outdoor boat/vehicle sales

--

--

--

--

Temporary open air markets/vendor carts or stands

Provisional

--

--

Provisional

Restaurants

Permitted

--

--

Permitted

Bars, taverns, night clubs

Provisional

--

--

--

Office/Service Uses

Craft wineries, distilleries, and breweries with on-site sales and public tasting area

Provisional

--

--

--

Professional/administrative/medical/social

Permitted

--

Provisional1

--

Veterinary (indoor only)

Permitted

--

--

--

Commercial daycare3

Permitted

--

Provisional1

Provisional

Family daycare3

--

Permitted

Permitted

--

Business services (e.g., reprographics, bank)

Permitted

--

Provisional1

--

Personal services (e.g., hair salon; drycleaner; commercial daycare)

Permitted

--

Provisional1

--

Other Commercial/Industrial

Light manufacturing

Provisional2

--

--

--

Vehicle service/repair

Provisional2

--

--

--

Vehicle storage (except as accessory)

--

--

--

--

Warehousing/storage (except accessory)

--

--

--

--

Manufacturing (except accessory)

--

--

--

--

Entertainment and Recreation

Theaters – movie and performing arts

Permitted

--

--

--

Recreational center/sports club

Permitted

--

--

--

Bowling/billiards/amusement arcades

Permitted

--

--

--

Adult use

--

--

--

--

Lodging

Hotel with or without convention center

Permitted

--

--

--

Bed and breakfast

Permitted

--

Permitted

--

Accessory to Allowed Uses (on same site)

Manufacturing products for sale on site

Permitted

--

--

--

Home occupation, live-work

Permitted

Permitted

Permitted

--

Accessory dwellings (see SMC 14.212.410(J))

--

Permitted

Permitted

--

Storage/warehousing (indoor only/30% of first floor max.)

Permitted

--

--

--

Family daycare3

Permitted

Permitted

Permitted

--

Other uses as determined accessory and consistent with the intent of the zone

Permitted

Permitted

Permitted

Permitted

Civic and Cultural

Municipal offices

Permitted

--

--

Permitted

Parks and recreation

Permitted

Permitted

Permitted

Permitted

Community center

Permitted

--

--

Permitted

Educational facilities

Permitted

--

Provisional

Permitted

Libraries, museums

Permitted

--

--

Permitted

Fire and police stations

Permitted

--

--

Permitted

Religious assembly

Permitted

--

Provisional

--

General assembly (e.g., private clubs, rental spaces)

Permitted

--

--

Permitted

Parking garages

Permitted

--

--

Permitted

1Allowed as a provisional use if all of the following criteria are met:

a. The use shall only be allowed on the ground/street level.

b. The use shall be located in the portion of the building closest to and fronting the public sidewalk.

c. The use shall only be open Mondays through Saturdays, 8:00 a.m. to 8:00 p.m.

d. No more than one (1) office, commercial, business services, or personal services provisional use shall be allowed per site or building, whichever is less.

e. The use shall not occupy more than two thousand (2,000) gross square feet of floor area.

f. Signage shall be regulated pursuant to SMC 14.245.115, Signs in Residential Land Use Designations.

2Allowed as a provisional use if all of the following criteria are met:

a. Business activity shall only occur within an existing or new fully enclosed building. If a new building is constructed, the building shall meet the design standards for the Pilchuck District. If the business activity is taking place in an existing building, the building does not have to meet the design standards for the Pilchuck District.

b. Outside storage shall be prohibited.

3All daycare uses shall be licensed by the Washington State Department of Early Learning pursuant to Chapter 170-295 WAC.

(Ord. 2347, 2018)

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