17.35.080 Special Use Provisions

17.35.080 Special Use Provisions.

(1) Purpose. In addition to other standards and requirements imposed by this Title, all uses included in this Section shall comply with the provisions stated herein. Should a conflict arise between the requirements of this Section and other requirements of this Title, the more restrictive provisions shall control.

(2) Gasoline Service Stations. Service station pump islands shall be set back at least fifteen (15) feet from any property line.

(3) Residential Care Facility. Residential care facilities are permitted in R1, RT, R2, R3, R4, and C1 zone districts. In addition to all other considerations mandated by this Title, a residential care facility must obtain all necessary state licenses and permits.

(4) Retirement Homes, Sanitariums, Convalescent, and Rest Homes. Retirement homes, sanitariums, convalescent and rest homes located in residential districts shall be buffered from contiguous residential uses with a Type I buffer as set forth in Chapter 17.45, or with a sight obscuring fence.

(5) Professional Offices in Residential Districts. Professional offices except those that qualify as home occupations may be permitted in designated residential districts only when their scale and hours of operation are reasonably compatible with the surrounding neighborhood. Offices requiring parking areas with more than five (5) spaces or operating earlier than 7 a.m. or later than 6 p.m. shall not be located in any residential district. See 17.45.050(1).

(6) Schools in Residential Districts. Schools located in residential districts should be on a site of at least one (1) acre. School buildings, playgrounds, and parking areas should have a minimum setback of fifteen (15) feet from property lines. See 17.45.050(1).

(7) Churches in Residential Districts. Church buildings, playgrounds, and parking areas should have a minimum setback of fifteen (15) feet from property lines. See 17.45.050(1).

(8) Greenhouses, Hothouses, and Sunspaces. Greenhouses, hothouses, and sunspaces intended for the collection of passive solar heat may be maintained as accessory structures to a dwelling.

(a) Definition. The following definitions shall apply in the interpretation and enforcement of this subsection:

(i) Antenna. The arrangement of wires, metal rods, or other equipment used in the sending and receiving of electromagnetic waves, including satellite dishes.

(ii) Antenna Support Structure. Any structure, mast pole, tripod, or tower utilized for the purpose of supporting an antenna or antennas for the purpose of transmission or reception of electromagnetic waves by federally licensed amateur radio or citizen band radio operators or the reception of television electromagnetic waves.

(iii) Antenna Height. The overall vertical length of the antenna and antenna support structure above grade. If such system is located on a building, then the overall vertical length includes the height of the building upon which the structure is mounted.

(b) Antenna support structures including guy wires shall not be located in front yards, flanking street side yards, required side yards, or required rear yards.

(d) No person shall install, construct, or increase the height of any antenna support structure without first obtaining a building permit, except that no permit shall be required if the height of the antenna support structure (excluding the height of any building to which the antenna support structure is attached) is fifteen (15) feet or less.

(10) Commercial Parking Areas and Commercial Parking Garages in Residential Zones. Commercial parking areas and commercial parking garages are permitted with a conditional use permit in R1, RT, R2, R3, and R4 zone districts on land which has existing parking facilities. In addition to all other considerations mandated by this Title, a commercial parking area or commercial parking garage in a residential zone must comply with all of the following conditions:

(a) the existing parking facility must have been legally established to serve a permitted use within the residential zone district prior to the application for conditional use permit for commercial parking; and,

(b) it must be paved; and,

(c) it must be on College Hill bordered by the city limits on the north and east, east Main Street on the south, and north Grand on the west; and,

(d) the applicant must meet the requirements of Section 17.40.070(2) Joint Use of Parking; and,

(e) the applicant shall demonstrate that the use of the parking area or parking garage for commercial purposes will not impair the use for which the parking facility was originally established; and,

(f) the hearing examiner shall review the conditional use permit at a public meeting approximately one (1) year from the date of issuance and may vote to continue, revise, or revoke the permit; and,

(g) the permittee shall notify the Director of Community Development of an anticipated transfer of the permit at least 45 calendar days prior to the anticipated date of transfer.

The provisions contained within this subsection do not apply to interim use of land for parking that meets the requirements of Subsection 17.35.080(12).

(a) Wireless communication facilities are allowed as set forth in the Use Chart in Section 17.70.030.

(b) Unless otherwise stated, the provisions contained in this subsection apply to any wireless communication facility regardless of whether it is a permitted use or conditional use in the zone district in which it is proposed to be located.

(c) Unless waived wholly or in part by the Director, an applicant for a wireless communication facility shall submit with the application the following information in addition to other application materials required for said facility by this Title:

(i) precise drawings, in plan and profile view, of all proposed components of the facility, including, but not limited to, equipment structures, support structures, and transmission and/or reception devices, which display proposed heights, materials, colors, and lighting;

(ii) documentation from a licensed professional engineer demonstrating the proposed facility’s compliance with applicable building code standards, and describing the general structural capacity of the proposed facility, including the number and type of transmission and/or reception devices that can be accommodated and the basis for the calculation of capacity;

(iii) a description of the expected noise level from the proposed facility along with any proposed noise abatement measures;

(iv) a description of the need for the proposed facility at the proposed location, the procedures involved in site selection, and an evaluation of alternative sites and existing structures on which the proposed facility could be located or collocated.

(d) The height of wireless communication facilities shall be measured as follows:

(i) For a wireless communication attached facility, the height shall be the overall vertical length of the transmission and/or reception device above the highest point of the building or support structure to which it is attached.

(ii) For a wireless communication freestanding facility, the height shall be the overall vertical length of the transmission and/or reception device combined with the support structure to which it is attached, as measured from the existing grade prior to construction.

(e) The minimum required setbacks for wireless communication facilities shall be as follows:

(i) A wireless communication freestanding facility shall have a minimum setback of 15 feet from all property lines; provided that, when a wireless communication freestanding facility exceeds 30 feet in height, said facility shall be set back at least one additional foot from each 15-foot setback line for every five feet in height by which said facility exceeds 30 feet (for example, a wireless communication freestanding facility of 80 feet in height would have a minimum required setback of 25 feet from all property lines).

(ii) For an equipment structure associated with either a wireless communication attached facility or a wireless communication freestanding facility, the minimum setbacks shall be the same as the minimum required yard dimensions for any building in the zone district in which said equipment structure is located.

(iii) Transmission and/or reception devices for a wireless communication attached facility may be attached on an existing structure regardless of whether said structure meets the minimum required yard dimensions for the zone district in which said structure is located.

(f) Screening requirements for wireless communication facilities shall be as follows:

(i) The base of any wireless communication freestanding facility, or any equipment structure associated with either a wireless communication attached facility or a wireless communication freestanding facility, shall be screened around its entire perimeter with a minimum six (6) foot high screening device such as a sight-obscuring fence or a minimum five (5) foot wide planting area with Type I landscaping as set forth in 17.45.080.

(ii) If a security fence or wall is used to prevent access into a wireless communication freestanding facility or any equipment structure associated with either a wireless communication attached facility or a wireless communication freestanding facility, and landscaping is chosen as the screening method in accordance with Subparagraph 17.35.080(11)(f)(i), said landscaping shall be placed outward of such security fence or wall.

(iii) The screening requirements of this paragraph may be waived if the existing topography of the subject property decreases or eliminates the need for screening, if existing vegetation at the subject property would result in as good or better satisfaction of the provisions of this paragraph, or if, in the opinion of the Site Plan Review Committee, screening should not be required.

(g) Wireless communication facilities shall be designed to be compatible with the natural and built environment. This includes, but is not necessarily limited to, building and structure design and the use of exterior materials and colors harmonious with the character of the surrounding neighborhood. All radio electronics equipment and associated cabling shall be enclosed within a structure or shall be concealed, camouflaged, or placed underground.

(h) Parabolic antennas that are a component of a wireless communication facility shall not exceed a diameter of six feet.

(i) A wireless communication attached facility shall not be allowed to be attached to any building which has a dwelling unit in it whether occupied or not.

(j) Wireless communication facilities shall conform to the light and glare standards set forth in Section 17.35.090.

(k) Wireless communication facilities shall comply with State noise level standards under WAC 173.60, as they exist now or may hereafter be amended. For purposes of this subsection, wireless communication facilities shall be considered a Class B noise source pursuant to WAC 173-60-040. The City may require noise attenuation devices or other noise mitigation measures to implement the standards of this subsection. Generators associated with wireless communication facilities may be permitted only for emergency operation purposes.

(l) Wireless communication facilities may be collocated on an existing support structure. Where a wireless communication freestanding facility requires a conditional use permit, collocation of an additional transmission and/or reception device(s) on said freestanding facility shall be permitted without an additional conditional use permit, provided there are no substantial changes made to the existing support structure and provided the additional transmission and/or reception device(s) does not increase the height of said freestanding facility.

(m) The site plan review provisions of Chapter 17.135 shall apply to all wireless communication facilities.

(n) Minor modifications of existing wireless communication facilities, whether emergency or routine, are allowed, provided there is no remarkably significant change in the visual appearance of the facility. Minor modifications are those modifications, including the addition of transmission and/or reception device(s), to conforming wireless communication facilities that meet the provisions of this subsection.

(o) A wireless communication facility shall be removed by the facility owner within six months of the date it ceases to be operational.

(12) Interim Use of Land for Parking. Interim use of land for a commercial parking area or other forms of parking may be permitted for a maximum of 10 years, provided the following requirements are met:

(a) the property must be located on College Hill, bordered by the city limits on the north and east, east Main Street on the south, and North Grand on the west; and,

(b) the maximum size of the parking area shall be 20 parking spaces or 6,000 square feet, whichever is less; and,

(c) the parking surface must either be paved or graveled to the specifications set forth in Subsection 17.40.040(2); and,

(d) none of the parking spaces may be established as required parking to serve a use in the area; and,

(e) prior to establishment of the interim use, the owner shall apply for site plan review as set forth in Chapter 17.135; and,

(f) prior to establishment of the interim use, the owner shall enter into a written agreement with the Department of Community Development to address such matters as the duration of the interim use and the owner’s plans for permanent use of the property; this agreement shall be renewed every two years up to the maximum 10-year limit.

Any violation of the provisions of this subsection, including interim use beyond the maximum 10-year period, shall be enforced in accordance with Chapter 17.10.

(a) No property, building, or structure may be used for the production, processing, or retailing of recreational marijuana unless compliant with RCW 69.50, WAC 314-55, and the Pullman City Code, as they now exist or may hereafter be amended.

(b) A marijuana production, processing, or retail facility shall only be established or conducted within a fully-enclosed and secure structure that complies with Pullman City Code Title 2 (Construction Code) and Title 3 (Fire).

(d) Marijuana retail facilities shall not include as part of their operation drive-through sales, exterior sales, or off-site sales.

(e) Marijuana retail facilities shall not be open to the public between the hours of 12:00 a.m. and 8:00 a.m.

(f) No marijuana production, processing, or retail facility shall be established or conducted in a building that contains a dwelling unit.

(g) Signs and advertising for marijuana production, processing, or retail facilities shall be allowed only in accordance with Chapter 17.50 and the additional standards set forth in WAC 314-55, as they now exist or may hereafter be amended.

(h) Displays for marijuana production, processing, or retail facilities shall not include any form of marijuana or marijuana paraphernalia against or within ten (10) feet of exterior windows.

(i) No marijuana production, processing, or retail facility may be established within one thousand (1,000) feet of the following “sensitive uses”:

(i) elementary or secondary school;

(ii) playground;

(iii) recreation center or facility;

(iv) child care center;

(v) public park;

(vi) public transit center;

(vii) library;

(viii) any game arcade where admission is not restricted to persons age twenty-one (21) and older; or

(ix) any entity set forth in WAC 314-55-050(10), as it now exists or may hereafter be amended.

In calculating the measurement of the distance between a marijuana production, processing, or retail facility and a sensitive use, such distance shall be measured by extending a straight line between the nearest lot line of a lot containing a marijuana facility to the nearest lot line of a lot containing a sensitive use.

(j) The subsequent establishment of a sensitive use listed in Paragraph (i) within 1,000 feet of a legally established and licensed marijuana production, processing, or retail facility shall not render the marijuana production, processing, or retail facility nonconforming with regard to location under this subsection.

(k) Marijuana production, processing, and retail facilities shall comply with all applicable development and administrative standards contained in the Pullman City Code.

(l) Marijuana production, processing, and retail facilities shall be designed to include controls and features to prevent odors from traveling off-site and being detected from a public place, the public right-of-way, or properties owned or leased by another person or entity.

(m) Marijuana production, processing, and retail facilities shall not adversely affect the health or safety of the community and shall be operated in a manner as to not create or be considered a nuisance. Nothing in this subsection shall be construed as a limitation on the city’s authority to abate any nuisance under Pullman City Code Title 5 (Health and Sanitation) which may exist from the production, processing, or retailing of recreational marijuana at any location, including from within a fully enclosed and secure building.

(n) No use that constitutes or purports to be a marijuana production, processing, or retail facility for recreational marijuana, which was engaged in that activity prior to the adoption of these regulations, shall be deemed to have been a legally established use under the provisions of the Pullman City Code and that use shall not be entitled to claim legal nonconforming status.

(o) The production, processing, and retailing of marijuana for any purpose is and remains illegal under federal law. Nothing herein or as provided elsewhere in the Pullman City Code is an authorization to circumvent federal law or provide permission to any person or entity to violate federal law. Only state-licensed marijuana production, processing, or retail facilities may locate in the City of Pullman and then only pursuant to a license issued by the State of Washington. The purposes of these provisions are to acknowledge the enactment by Washington voters of Initiative 502 and a state licensing procedure and to permit, but only to the extent provided by state law, marijuana production, processing, or retail facilities to operate in designated zones within the City. (Ord. 22-2 §8, 2022; Ord. 21-15 §6, 2021; Ord. 14-4 §2, 2014; Ord. 06-15 §3, 2006; Ord. 03-33 §11, 2003; Ord. 00-3 §2, 2000; Ord. 96-19 §2, 1996; Ord. 92-29 §1, 1992; Ord. 87-9 §1, 1987).