Palouse-Clearwater Environmental Institute
P.O. Box 8596
Moscow, ID 83843
(208) 882-1444
pcei@pcei.org

 
• Link toProposed Pullman-Moscow Corridor District Map
• PCEI Remarks at 7/26/99 Hearing
• Petition
• Proposed Whitman County Ordinance

Dear Commissioners,

As executive director of the Palouse-Clearwater Environmental Institute,
and a member of both Pullman and Moscow Chambers of Commerce, I am writing
to urge the Whitman County Commissioners to set aside their current
proposal to "develop" the corridor as an "enterprise zone".  Whitman County
has been viewing development of the corridor as a fundraising tool to help
them out of their financial crisis.  The Commissioner's belief is that
development will not only pay for itself, but will generate a profit.  I
believe that economic development should take place within the incorporated
cities of Whitman County and NOT the corridor.  The corridor's most
significant support for the local economy is providing safe transportation
between Pullman and Moscow.

County Tax Base:
The main reason cited by the County for choosing to "develop" the corridor
is a need to generate revenue for the County.  I agree that the County
needs to do something to meet this need, but the current direction is
severely flawed.  Developing the corridor will not provide the county with
the tax base it believes will come from such an endeavor.  Furthermore,it
will generate new problems for this region.

Additional costs:
The County will acquire additional expenses as it will be in the position
to provide some municipal services (fire, police, water and sewer) to these
new businesses.  Access roads will also need to be built and maintained by
the County.  These costs will consume all or more of the sales tax revenue
generated.

Future annexation:
The City of Pullman will be in the position of considering annexing
developed land next to its border.  The County will then lose the tax
revenue that it is seeking to gain.

Negotiated tax settlement:
The County should seek a joint solution with the City of Pullman,
Washington State University, the State of Washington and the Pullman School
District to negotiate a better allocation of tax dollars collected in the
County.  The County has expense obligations that exceed its ability to
fund.  All of these entities share the responsibility in ensuring that
development is encouraged within the incorporated boundaries of Pullman,
and not spread out across the countryside.  (e.g.: The County should not
have to develop the corridor to pay for criminal prosecution and defense
for crimes occurring in Pullman or on the WSU campus).

Economics:
Most of the businesses that will choose to locate in the corridor will come
from either Pullman or Moscow and will bleed the tax base of those towns.
A relocation of business to the corridor  is NOT economic development for
the region, but rather economic dispersion. Pulling businesses out of our
incorporated cities and putting them out into the County is NOT a positive
economic trend.  Economic growth should happen within the incorporated city
or within well planned annexations of the city.  Growth throughout Whitman
County should be a coordinated effort with local city government to ensure
that growth benefits all the parties involved.  The ordinance should be
re-written to encourage growth WITHIN the existing communities of Whitman
County.

Transit/Public Transportation
Development away from the our city cores ensures a greater dependency on
the automobile to access these facilities.  We currently have a unique
situation in our area where most of the transportation between our
communities starts and ends within Pullman and Moscow.  Such a condition is
ideal for public transportation to serve commuters, shoppers, and students.
Any growth and development of facilities between Moscow and Pullman
threaten the possibility of maintaining the efficiency of the current and
future public transportation system.  Amendments of the current
comprehensive plan should include explicit encouragement of public
transportation in the corridor.

Automobile Traffic/Parking
Development of the corridor will mean more automobile trips into the
corridor.  Even with a proposed widened highway, this will translate into a
more dangerous condition of increased cross traffic and slowed traffic.
The impact to travel times and safety will have a negative impact on
University cross listed courses and local businesses who now depend on
quick drive times between the two communities.

Quality of Life
Development of the corridor and the above mentioned concerns will have a
negative impact on the quality of life that Palouse residents have come to
enjoy.  We can expect to see increased stress on the lives of people
commuting between Pullman and Moscow if development is allowed to increase.
The added inconvenience to Pullman residents driving in the corridor to
settle business will also not be worth the presumed benefits.

Chipman Trail
The Chipman Trail is growing to be the most commonly used park in Whitman
County.  If we add even some of the businesses allowed for conditional use
permits in the ordinance, the Trail will be less likely to satisfy the
needs of its users to get a park experience close to home.  Non-motorized
transportation on the trail could be threatened.

Flood Control
Businesses locating into the corridor will not be required to address storm
water issues to the satisfaction of the City of Pullman.  Development of
new parking lots, roadways, roofs and other impermeable surfaces not
mitigated by catchment basins will have a negative impact on the City of
Pullman's central business district.  Corridor developments should not be
allowed to have storm water or sewage treatment requirements weaker than
Pullman's requirements.

I urge you to not turn the Pullman-Moscow Corridor into an "enterprise
zone".  Such a move would not generate the much needed tax revenue for the
County, but would, instead, result in a series of problems that will need
to be solved by your successors.  Please do not leave such a legacy, based
on a quick-fix "solution" to your economic woes.  It will not benefit the
land, the people or the long-term economy of the Palouse.  Thank you for
considering these concerns.

Sincerely,

Tom

Thomas C. Lamar, Executive Director

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Sign a petition at http://lbfc.palouse.net/corridor_petition2.htm and register  your position on development of the corridor. 

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Draft 7/15/99

Revised and final draft :

This corridor zoning amendment is now a clean copy, after having undergone legal review and final Planning Commission directed changes. The Planning Commission recognizes that this will be a living document, with future expected changes once a year, preferably after an annual review of how it is or is not working. Future changes may require further environmental review, if the changes deviate from the document previously considered via SEPA.

Following is the explanation of the previous legal review prompted changes: 

Proposed definitions not used in the ordinance language have been removed.

Definitions or parts of the current ordinance which were included for the purpose of explaining to the public how the entire ordinance would hang together, such as the paragraph on non-conforming uses.

The major change is that almost all of the uses listed as permitted uses will now be conditional uses. This was necessary in order to accommodate the Planning Commission's intent for the Board of Adjustment to have the final decision about a development. Agricultural District permitted uses are continued as permitted uses, including the performance standards section for rural residential use.

To save space and paper, margins, indentation, and other more readable formatting will occur after final approval.

The adoption of this document will add the following new definitions to the current Whitman County Zoning Ordinance:
 
 
 
 

Amendments to CHAPTER 19.03 DEFINITIONS

          SECTION 19.03 DEFINITIONS

19.03.075 Applicant. A person who files an application for permit under this chapter and who is either the owner of the land on which that proposed activity would be located, a lessee of the land, or the authorized agent of the owner.

19.03.135 Building Envelope. That portion of proposed building location regardless of square footage size of the building outward to the limits of the allowable setbacks. This definition includes projections such a porches, decks, or any appendage of a residential structure, including the garage.

19.03.155 Certificate of Occupancy. A certificate which allows occupancy of a structure after determination by the Building Official that the requirements of the Uniform Building Code (UBC) have been met; (UBC Section 308 or as here-after amended.)

19.03.165 Complete application. An application for a permit or approval is deemed complete if all of the application questions have been answered in full, and all fees and deposits have been paid. The County Planning Office shall review the application and shall determine if the application is complete. If the application is complete, the application will be date-stamped and noted complete. The applicant shall be notified in writing when the application has been determined to be complete, or, if the application is incomplete, the applicant shall be notified which portion(s) is(are) incomplete. This fee payment does not include the performance guarantee or bond established in 19.15.025 (11), which must be paid before the building permit is issued, or the fees for the building permit, environmental health permit(s) or any other fees required.

19.03.173 County Planner. See Planning Director, the Director of the Whitman County Planning Office or his/her designee.

19.03.175 Critical areas. "'Critical areas' include the following areas and ecosystems: (a) Wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) fish and wildlife habitat conservation areas; (d) frequently flooded areas; and (e) geologically hazardous areas." 

19.03.193 Development Envelope. That ten acres or more of a larger parcel designated in the site plan for development, including open areas.

19.03.197 Development regulation. Any controls placed on development or land use activities by Whitman County, including but not limited to, zoning ordinances, official controls, and subdivision ordinances. 

19.03.312 Footprint (building footprint). That portion of the parcel which is or will be covered by the structure, including roof, awning, porches, decks or any other element protruding from the structure, as viewed from directly overhead.

19.03.318 Grading. Excavation or fill or any combination thereof, including but not limited to the establishment of a grade following the demolition of a structure or preparation of a site for construction or development.

19.03.335 Impacts. Effects of one thing upon another.

19.03.346 Legal description. A description recognized by law which definitely locates property by reference to government surveys, coordinate systems or recorded maps and is sufficient to locate the property without oral testimony.

19.03.348 LOS (Level Of Service). A qualitative measure describing operational conditions within a traffic stream, and their perceptions by motorists and/or passengers. These terms are generally described as speed and travel time, freedom to maneuver, traffic interruptions, comfort and convenience, and safety.

19.03.425 Open area. The area of a parcel not covered with impervious surfaces, such as crop land, wetlands, buffers, grass swales, retention ponds, septic system drainfields and vegetated or landscaped areas. Not counted as open area are all roads, circulation areas, parking and loading areas, and the space occupied by
structures and outdoor storage.

19.03.434 Parcel. See Lot, Lot of Record.

19.03.438 Permit. An approval for which there is a minimum standard, as stated in any of the relevant ordinances or state law, which must be met in order for the approval to be given.

19.03.454 Pullman-Moscow Corridor District (PMC). (See Boundary, Section 19.15.020(2)).

19.03.464 Screening. (See 19.15.080(6) Landscaping.

19.03.467 SEPA. The State Environmental Policy Act, as adopted by Whitman County, Title 9, February 15, 1979 and as there-after amended.

19.03.485 Site. Any parcel of land or contiguous combination thereof, where activities are proposed, performed or permitted.

19.03.492 SPRC (Site Plan Review Committee). (See 19.15.025 (3) and (4).

19.03.910 Urban governmental services. Those services typically delivered by cities, such as storm and sanitary sewer systems, domestic water systems, street cleaning services, fire and police protection services, and public transit services.

19.03.950 Vicinity map. A map which shows the location of the proposed site in relation to a recognized landmark, such as the nearest city, town, airport, identified road intersections, or physical feature such as a mountain, river/creek confluence, etc.
 
 

ADDING A NEW CHAPTER TO WHITMAN COUNTY CODE TITLE 19, ZONING
CHAPTER 19.15

PULLMAN-MOSCOW CORRIDOR DISTRICT (PMC)

SECTIONS:

19.15.010 - Purpose

19.15.015 - Elimination of All Pre-existing Zoning District Designations

19.15.020 - Description

19.15.025 - Site Plan Review Process

19.15.030 - Site Plan Review Submittals

19.15.040 - Paradise Creek Floodplain

19.15.050 - Permitted Uses

19.15.060 - Conditional Uses

19.15.070 - Nonconforming Uses

19.15.080 - Site Requirements

19.15.090 - Development Requirements

19.15.100 - Severability

SECTION 19.15.010 PURPOSE. 

The purpose of this ordinance is to establish the Pullman-Moscow Corridor District (PMC) in compliance with the Whitman County Comprehensive Plan Amendment of 1988 which identified and distinguished the Pullman-Moscow Corridor Enterprise Area for special zoning consideration.

The intent in establishing the PMC is to recognize the primary purpose of the location as a transportation corridor and implement the measures necessary to promote safe access to and movement throughout the PMC. The secondary purpose is to create opportunities for attractive, orderly development which will be of long-term benefit to the community as a whole, while protecting and enhancing the environmental and aesthetic
characteristics of the PMC which make it representative of this region. The third purpose is to allow for recreational opportunities in the PMC, increasing its benefit to the community and providing alternative ways to enjoy this "gateway" to the Palouse. 

SECTION 19.15.015 ELIMINATION OF PRE-EXISTING ZONING DISTRICT DESIGNATIONS

This Chapter supercedes all previous zoning within the boundary of the PMC and does hereby eliminate within the PMC all pre-existing zoning district designations. Within the PMC, there shall be one zone.

SECTION 19.15.020 DESCRIPTION.

19.15.020(1) Purpose. 

The purpose of this section is to define the location of the PMC to encompass an area accessible from SR 270. This location is described by section and half section lines for ease of definition and enforcement.

19.15.020(2) Boundary. 

The PMC comprises the following sections, with the exception of those properties lying within the boundary of the City of Pullman:

Township 14, Range 45, Section 4, south half; Township 14, Range 45, Section 3; Township 14, Range 45, Section 2; Township 15, Range 45, Section 36, south half; Township 14, Range 45, Section 1; Township 15, Range 46, Section 31, south half; Township 14, Range 46, Section 6, north half; Township 15, Range 46, Section 32, south half; Township 14, Range 46, Section 5, north half.

19.15.020(3) Map
 
 

SECTION 19.15.025 SITE PLAN REVIEW PROCESS.

19.15.025(1) Purpose. 

The purpose of the Site Plan Review Process is to bring multi-disciplinary knowledge and judgment to bear on development proposals in the PMC, through the establishment of a Site Plan Review Committee (hereafter referred to as SPRC).

19.15.025(2) Applicability. 

All applicants for a permitted use or conditional use shall submit a development proposal, as set forth herein, to the Planning Office for SPRC review. 

19.15.025(3) Composition of the Site Plan Review Committee. 

(A) The Site Plan Review Committee, (SPRC), shall consist of representatives from the following County Departments or Divisions: Planning, Building, Engineering, Parks and Recreation, and Environmental Health. In addition, the SPRC shall be assisted by a representative from the Sheriff's Office and the applicable fire district. Although not members of the SPRC, all utilities which provide service to the area shall be asked to
review the plans. 

(B) No development proposal shall be unduly delayed for want of a SPRC meeting or quorum and nothing within the SPRC function shall be deemed to prohibit an applicant, with the approval of a member, actual or ad hoc, from meeting individually.

19.15.025(4) Authority and Responsibilities. 

(A) The SPRC shall review all development proposals for compliance with this chapter and all other applicable ordinances, statutes and regulations and report its findings, conclusions and recommendations to the Board of Adjustment prior to that authority making its decision to approve or deny the proposal or modify the SPRC
recommendations. Each SPRC member shall evaluate each proposal from his/her area of responsibility. SPRC members may make a positive, negative, or conditioned decision on a proposal. For a recommendation to go forward to the Board of Adjustments, any SPRC member, actual or ad hoc, who has not provided a
negative or conditioned decision within a reasonable time shall be deemed to have given a positive response. If a negative or conditioned decision is made, a written reason or reasons must be cited along with any recommendations as to mitigating or correcting the disqualifying problem. The proposal cannot move to the Board of Adjustment if the proposal is unable to site an approved on-site sewage disposal system. 

(B) If any permits are required, those permits must have the possibility for approval. State agencies may be represented by a SPRC member, such as County Environmental Health being liaison for Department of Ecology for a sewage lagoon. The following wording is suggested: "We (agency) have reviewed this proposal
and have determined that a permit for ______________ can be or cannot be issued for this project. The SPRC is authorized to invite any state agency to send a representative to participate in the SPRC process. However, the failure of a state agency to send a representative or to provide for a pre-permitting approval shall not be
grounds for denial of the proposal, but obtaining a necessary permit may be a condition precedent to final authority to proceed with the proposed development. 

19.15.025(5) Responsibilities of Planning Department. 

The Director of Planning or his/her designee shall take the following responsibilities on behalf of the SPRC. The Director shall:

(A) receive information necessary for the SPRC to assess the merit or impact of a project or proposal;

(B) arrange for the applicant to present projects and proposals for consideration to the SPRC;

(C) schedule meetings of the SPRC, including pre-application conferences;

(D) act as a liaison between the SPRC and the Board of Adjustment:

(E) prepare written findings on a project proposal;

(F) prepare a written report to the Board of Adjustment stating the SPRC's recommendations on project proposal, and reasons for disapproval where the application fails to comply with Federal, State, or County statutes, ordinances or regulations;

(G) Review minor change request(s) pursuant to 19.15.025(8) for approval or denial.

19.15.025(6) Procedures. 

The SPRC shall take action on a proposal within 45 days of receipt of the applicant's complete and accepted submittal. If more time is necessary, the applicant shall be notified of the reasons for the delay. 

19.15.025(7) Conformance with Approved Site Plan. 

Conformance with the conditions of any approved site plan shall be determined at the time of final inspection of the last structure to be inspected, and prior to issuance of a final certificate of occupancy. A final certificate of occupancy shall be issued by the Whitman County Building Inspector only when all conditions of the approved site plan have been satisfied.

19.15.025(8) Minor Changes in Site Plans.

Written requests for minor changes shall be submitted to the Planning Department. No minor changes shall be allowed without prior Planning Department approval. Minor changes are those which do not require a plan amendment as set forth in 19.15.025(9).

19.15.025(9) Amendment of Site Plan.

Any change to an approved site plan affecting the basic character or arrangement of buildings, density of the development, open areas, environmentally sensitive areas or critical areas shall be submitted to the SPRC. Review and consideration of the proposed amendment shall then follow the procedures as set forth in 19.15.025(4), (5), and (6).

19.15.025(10) Length Of Time Of Board of Adjustment Approval. 

(A) Board of Adjustment approval shall be valid for one year from the date of issuance and shall remain valid  if construction has begun within the allotted time. No extension of the time shall be granted for any reason, except, an Amendment of Site Plan, under 19.15.025(9), may extend the validity of the approval for a specified additional period of time if specifically granted by the Board of Adjustments at the time of granting the
amendment. A Minor Change in Site Plan, under 19.15.025(8), shall not extend this time. If the applicant fails to begin construction within the specified time period any and all approval is automatically withdrawn and void, and any vesting rights terminated. Any construction begun after that time shall be without approval and shall be a violation of the Whitman County Code. 

(B) To begin construction within the above period, the applicant must have preceded past grading and excavation, and have installed a portion of an approved permanent building, such as pad or foundation.

(C) Additionally, if any break in construction exceeding 180 days occurs or there is any other indication that the project has otherwise been abandoned, approval may be withdrawn and voided by the Board of Adjustments upon written notice mailed to the applicant at the address last provided. Failure of the applicant to respond in
writing within 60 days from the date of mailing of the Notice of Intent, shall result in any and all prior approval being withdrawn and voided. Any construction begun after that time shall be without approval and shall be a violation of the Whitman County Code. It shall be the burden of the applicant to establish to the satisfaction of a majority of the Board of Adjustments that the project has not been abandoned and to establish when the project will be completed. The Board of Adjustments may delay or condition its decision to withdraw and void its prior approval upon applicants subsequent performance.

19.15.025(11) Performance Guarantees. 

(A) Prior to issuance of the building permit, the applicant/contractor shall file with the Whitman County Treasurer a performance guarantee or bond, naming Whitman County as the insured, equal to 10% of the total cost of the project, guaranteeing compliance with the approved development plan, including all the environmental conditions or mitigations, (EIS or Mitigated DNS), and, also if the development is abandoned for total project clean-up and/or any reclamation.

(B) The Board of Adjustments will release the guarantee or bond, or any unused portion, at its sole option, either at the time the Certificate of Occupancy is issued, or upon its determination that the environmental mitigations and/or conditions, clean-up and/or reclamation are all satisfactory. The applicant and the contractor, shall each be severally liable to the County for any expenditures exceeding the performance guarantee or bond limits. 

19.15.025(12) Variances. 

A variance may be granted, except for 19.015.025 (10) Length Of Time Of Board of Adjustment Approval, if it is determined that practical difficulties, unnecessary hardships, and/or results inconsistent with the general purposes of this chapter may result from the strict application of the provisions of this chapter. Financial
considerations shall not be a basis for a variance. An application for a variance shall follow procedures set forth in the Whitman County Zoning Ordinance Sections 19.06.020 (Variance) and 19.06.030 (Flood Management Variance), for determination by the Board of Adjustment.

SECTION 19.15.030 SITE PLAN SUBMITTALS. 

19.15.030(1) Purpose. 

The site plan submittal initiates the process by which a development proposal is reviewed for compliance with the Whitman County land use regulations.

19.15.030(2) Pre-application Conference.

Prior to applying for site plan review, the applicant may submit preliminary plans to the Planning Office, so the comments and advice of the Planning Office may be incorporated in the final plans submitted for an application.

19.15.030(3) Initiating Site Plan Review.

The applicant shall submit two copies of a site plan, an environmental checklist, and a review fee to the Planning Department to initiate formal review of a proposed project. The Planning Director shall determine if an application is complete, and initiate review by the SPRC.

19.15.030(4) Site Plan Submittals.

The following information shall be included on a site plan. 

(A) Administration - Site plans must include:

1. Name, address, and phone number of the applicant and property owner(s). 

2. Names and addresses of adjacent property owners within 300 feet. The applicant shall obtain this from the
County Assessor's Office, with a County Assessor staff signature and date obtained.

3. Name of proposed action or development.

4. Description of the proposed land use.

5. Legal description of subject property.

6. Vicinity map showing location of subject property.

7. North arrow and graphic scale.

8. Any easements and/or dedications on the site.

9. Soil and surface geological conditions.

10. A statement prepared by a registered architect or engineer stating how the provisions of this chapter with regard to erosion control, storm water management, protection of designated environmentally sensitive areas, and on- site sewage disposal will be accommodated.

11. The applicant shall provide a transportation impact study for each development proposal. This study shall determine the impacts of proposed developments on state and county roads, and shall be submitted to WSDOT Eastern Region Offices for review and reviewed by the County Engineer.

(B) Site preparation - Site plans must show:

1. Area of subject property.

2. Property boundary and all existing and proposed parcels and easements.

3. Dimensions of existing and proposed parcels and easements. 

4. Boundaries of adjacent properties, as applicable. 

5. Right-of-way of all existing and proposed public roads.

6. Existing topography and preliminary grading.

7. Proposed final grades and/or elevations.

8. Preliminary and final grading plans, prepared by a licensed engineer or architect.

9. Major drainage ways and proposed protection measures for drainages.

10. Site features such as water bodies, drainage ditches, wetlands, and rock outcroppings.

11. Dimensions of setbacks from designated environmentally sensitive areas, critical areas, including the floodplain and buffer areas.

12. Location and area of any dedicated open area.

(C) Circulation - Site plans must show:

1. Proposed bicycle access route.

2. Interior circulation, showing routes for large delivery trucks, passenger cars, bicycles, and expected pedestrian corridors.

3. Pedestrian facilities including crosswalks, curb cuts, vehicle barriers, warning signs, and design features intended to connect parking areas with the accessible entrances.

(D) Infrastructure - Site plans must indicate:

1. The location and capacity of existing and proposed wells or other water sources.

2. The location and design of existing and proposed septic systems and drainfields, sewage lagoons, or other sewage disposal systems.

3. The location, design and capacity of existing and proposed water retention systems.

4. The location of existing and proposed utilities or utility easements on the site.

(E) Structures - Site plans must describe:

1. The location and area (percentage) of proposed parcel coverage.

2. Existing structures on site and any proposed demolition.

3. Location and footprint (see 19.03.312).

4. Height of all proposed structures.

5. Proposed outdoor storage areas, screening, fences, any other accessory features, and vehicle loading, parking and driveway areas.

6. Primary building materials, colors and any other relevant design information.

7. Dimensions between buildings or structures.

8. Setbacks from property lines, rights-of-way, easements and water bodies.

9. Buildings and other structures within 100 feet of the site shall be indicated. 

(F) Landscaping - Site plans must show:

1. Existing trees and significant shrubs to be retained and/or removed.

2. Proposed landscaped areas, including dimensions of planting areas and height of berms, if applicable.

3. Proposed plant materials, both type and mature size, (planting plan).

4. Proposed irrigation method.

5. Erosion control measures to be used during and after construction.

6. Proposed run-off control measures such as grass swales, retention ponds, etc., with dimensions and proposed plant materials or other treatment.

7. Any proposed site fixtures and associated equipment or furnishings.

(G) Signs and lighting - Site plans must show:

1. Location and dimensions of all proposed signs visible from public rights-of-way.

2. Design of proposed signs, including illumination, color, typefaces and illustrations or logos.

3. Design, location and times of display for any temporary displays.

4. Design and location of exterior lighting.

SECTION 19.15.040 PARADISE CREEK FLOODPLAIN. 

The 100-year floodplain within the PMC, and the wetlands contiguous to the floodplain on the south side of SR 270, are hereby designated an environmentally sensitive area. This chapter's requirement for SEPA review and compliance with the critical areas ordinances, for all developments in the PMC, is adequate to protect this sensitive area.

SECTION 19.15. 050 PERMITTED USES.

The following are the permitted uses within the PMC the, unless changed to a non-Agricultural District use.

19.15.050(1) Agriculture, including but not limited to, cropping, grazing of livestock, dairying, horticulture and floriculture, except feedlots and farrowing operations shall not be allowed.

19.15.050(2) Temporary stands for the sale of agricultural non-livestock products produced on the premises.

19.15.050(3) Accessory uses and structures common or incidental to agricultural and presently existing residential use, including but not limited to garages, barns, tack rooms, equipment sheds, home storage elevators, fences and corrals; provided that such accessory uses and structures conform to the yard requirements of this chapter.

19.15.050(4) In presently existing residences, home occupations employing not more than one individual who is not a resident of the premises, and utilizing only those accessory buildings and structures permitted under this chapter.

19.15.050(5) The number of animals per acre shall not exceed the animal density requirements in Section 19.10.070.

SECTION 19.15.060 CONDITIONAL USES.

19.15.060(1) A development proposal or a change in use proposal for a listed conditional use shall be subject to compliance with the requirements of this chapter and the provisions of Whitman County Code 19.06, as applicable to conditional uses. 

19.15.060(2) All uses must demonstrate compliance or it will be denied. 

19.15.060(3) All conditional uses shall require SEPA review. 

19.15.060(4) Conditional uses in the PMC are based upon their probable impact upon transportation, and whether or not the use requires linkage to urban services for water and sewer facilities. If these urban services are utilized, a reduction in the minimum open area requirement as set forth in 19.15.070(7) may be reduced accordingly. 

19.15.060(5) Authorized Conditional Uses and Mandatory Conditions:

(A) campgrounds

(B) carpet dealer and floor coverings

(C) child care (as an accessory to a principle use)

(D) communications towers and facilities

(E) eating establishments (as an accessory to an authorized principle use)

(F) hospitals (if urban water, sewer, and fire services are utilized)

(G) hotels (if urban water, sewer, and fire services are utilized)

(H) light manufacturing and assembly 

(I) manufactured homes sales and services

(J) moving and storage

(K) office building

(L) plumbing, heating and electrical supplies

(M) professional services as listed:

          1. accounting

          2. advertising

          3. architects, engineers, surveyors and planners

          4. attorneys

          5. banks, savings & loans

          6. consultants

          7. counseling

          8. employment services and human resources

          9. government offices

          10. home health services

          11. insurance

          12. interior design

          13. Internet services

          14. investment brokering and securities

          15. mail order services

          16. market research

          17. medical, doctors and dentists

          18. pharmacies

          19. real estate agencies

          20. title companies

          21. travel agencies

          22. veterinarians and veterinary clinics

(N) recreational non-motorized trails, paths, bikeways, and parks

(O) recreational vehicle dealers for:

          1. bicycles

          2. boats

          3. campers

          4. motorcycles

          5. recreational vehicles (RVs)

          6. snowmobiles

(P) recreational vehicle parks

(Q) research and development (no hazardous materials on site)

(R) retail uses as listed:

          1. automobile renting (secondary sales as an accessory use)

          2. building material supplies

          3. cabinet shop

          4. contractors equipment and supplies (dealers & service)

          5. electronic retail sales

          6. electronics shop

          7. farm equipment sales and service

          8. franchised automobile and truck dealerships sales and service

          9. furniture sales

          10. garden centers, nurseries, landscaping, lawn & garden equipment and supplies

          11. grocery store

          12. hardware

          13. lumber yards

          14. office furniture and supply

          15. rental service store

          16. sporting goods

          17. tire sales and service

          18. not-for-profit (non-profit) re-use organizations

(S) warehousing and distribution

(T) wholesale trade

(U) utilities (secondary to another primary use)

(V) utility maintenance center

(W) utility substation

(X) utility transmission lines

(Y)mining and rock crushing (Currently active mining sites within the PMC may continue in such use. Mining in the right-of-way of State Route 270, as it now or hereafter exists, for it's road construction, is permitted. Any new mining sites shall comply with the requirements of the Whitman County Code and shall not be visible from State
Route 270 and shall be hidden by existing natural topography. Mining is allowed because it is a natural resource which if it is to be used, cannot be moved and then mined.

SECTION 19.15.070 NONCONFORMING USES. 

19.15.070(1) Uses, land uses and structures which become nonconforming uses and structures by adoption of this chapter are subject to the provisions of WCC Chapter 19.54, Nonconforming Uses and Special Exceptions, as now or hereafter amended. 

19.15.070(2) Special Provisions for nonconforming uses within the PMC.

(A) Parcels less than 10 acres in size, existing at the time this chapter is enacted, are exempt from the minimum 10 acre size requirement of 19.15.080(2) and from the frontage requirement of 19.15.080(3) of this chapter.

(B) Any state or federal government environmental improvement mandate for an established use is exempt from the minimum requirements of this chapter. 

(C) Presently existing farm structures and rural residences within the PMC are exempt from the requirements of this chapter unless a change in use is proposed. No new residential sites shall be allowed or created in the PMC.

(D) Freestanding billboards are prohibited. Those billboards and other non-conforming signs which were legally constructed or installed prior to the enactment of the 1979 Zoning Ordinance will be grandfathered as a non-conforming use; these signs may not be enlarged, and if their use is discontinued for six moths or more, these signs must be removed. Other signs which are in violation of the zoning ordinance, which are those which were constructed or installed after the enactment of the 1979 ordinance and are not in compliance with Whitman County Ordinance Chapter 19.53, must be removed no later than one year after the adoption of this ordinance. No new non-conforming signs or billboards will be allowed.

SECTION 19.15.080 SITE REQUIREMENTS.

19.15.080(1) Purpose. 

The purpose of this section is to establish minimum standards which must be met for parcels in the PMC to be considered for development.

19.15.080(2) Minimum parcel size. 

The minimum parcel size for development in the PMC is ten (10) acres. For Clustered developments, parcels must be of sufficient size to meet all other provisions of this and other applicable codes. Existing parcels less than 10 acres in size at the time of adoption of this ordinance are exempt from the minimum 10-acre size requirement. Once developed, the approved development envelope of the parcel shall not be subdivided or reduced for any reason, except for highway expansion.

19.15.080(3) Minimum parcel frontage. 

The minimum frontage for a parcel abutting a public or private right-of-way is 300 feet. Lesser frontage, to a minimum of 150 feet, may be approved by the SPRC if such approval would allow for clustering opportunities which would not otherwise be possible; see Section 19.15.090(7). Existing parcels less than 10 acres  in size at
the time of adoption of this ordinance are exempt from the minimum frontage requirement.

19.15.080(4) Minimum parcel depth. 

Minimum parcel depth shall be sufficient to accommodate setback, landscaping and screening requirements, and all other provisions of this chapter, but shall in no case exceed a width-to-depth ratio of 1:5 (a parcel may be no more than five units deep for every one unit in width measured as parcel frontage).

19.15.080(5) Front setbacks. 

(A) Front setbacks from the north side of SR 270 as it is at the time of adoption of this ordinance, a two-lane highway, shall be 250 feet from the north-side right-of- way at the time of adoption of this ordinance amendment. South side setbacks shall be 35 feet from the existing south side right-of-way. After the highway has been expanded, the SR 270 setback shall be 35 feet north and south from the new right-of-way. 

(B) Front setbacks for structures and outdoor storage areas along other public and private roads shall be 35 feet; setbacks for temporary displays, signs, and parking areas shall be ten (10) feet, (see 19.15.090(8)(B)(4)).  Where a public or private road is located within State right-of-way or railroad right-of-way, or the recreational
path, the most restrictive front setback requirement will apply. The railroad right-of-way converted to the path via the "rails to trails" procedure means that it could be possible for the path to revert to a railroad line again. Therefore, it is necessary to maintain the same setbacks to the property as if the railroad line were in operation.

(C) Utility lines underground and overhead shall be exempt from this setback requirement, but shall be subject to any right-of-way requirements of the state or county.

19.15.080(6) Side and rear setbacks. 

Side and rear setbacks for structures and outdoor storage areas shall be 20 feet; side and rear setbacks for temporary displays, signs, utility facilities and parking areas shall be ten (10) feet.

19.15.080(7) Maximum parcel coverage. 

Maximum parcel coverage in the PMC shall be 50% (percent). All areas with impervious surfaces and the space occupied by structures shall be considered "covered" areas for the purpose of parcel coverage calculations. For this chapter impervious surface shall mean an oiled, asphalt or concrete covered surface such
as a sidewalk, road, circulation area, outdoor storage area, parking lot and/or loading area. All other areas shall be considered "not covered" for the purpose of parcel coverage calculations. Designated open areas shall remain open areas, subject only to the uses approved by the SPRC on the approved site plan.

SECTION 19.15.090 DEVELOPMENT REQUIREMENTS.

19.15.090(1) Purpose. 

The purpose of this section is to provide standards for site development. The overall goal of providing attractive, orderly development will promote safe traffic conditions, and protect and enhance desirable environmental and aesthetic qualities in the PMC.

19.15.090(2) Site Preparation. 

(A) Required grading practices are:

1. All graded areas shall be protected from wind and water erosion through acceptable slope stabilization methods both during and after construction, according to plans approved by a professional engineer or licensed landscape architect.

2. Grading shall not create an erosion hazard, or be a source of sedimentation to any adjacent land or water course.

3. Topsoil shall, to the extent possible, be retained on-site and reused after grading.

4. The amount of land exposed at any one time during development shall be kept to a minimum, and exposure shall be scheduled during seasons of minimum precipitation whenever possible. Permanent perennial vegetation shall be installed on the site as soon as practical after development. 

5. By use of best practices grading should not disturb the natural contours of the land unnecessarily.

6. Slopes adjacent to structures shall slope in accordance with the UBC, as now or hereafter amended.

7. Slopes in parking and outdoor storage areas and other open areas immediately surrounding the building site shall have a final grade of a minimum of 2% (percent). 

(B) Drainage and storm water control requirements apply to projects both during and after construction:

1. Site drainage shall not endanger designated environmentally sensitive areas.

2. Site drainage shall comply with all other provisions of this chapter, as well as environmental regulations controlling surface and ground water quality. 

3. Existing natural drainages shall be identified on the grading plan and shall be retained wherever feasible.

4. Drainage shall be designed by a professional engineer to control run-off from a 50-year storm event. Discharges from storm water and drainage conveyance facilities shall be routed through swales, vegetated buffer strips, storm water basins, and other facilities designed to decrease runoff velocity and volume, allow for natural infiltration, allow suspended solids to settle, and reduce pollutants through the use of active separators or passive filtering before being discharged.

5. Pipes, conduits, ditches, drains, or other conveyance facilities shall not discharge directly to Paradise Creek.

(C) Fill - Fill operations are governed by the following requirements: 

1. Filling may occur within designated environmentally sensitive areas at the discretion of the SPRC, subject to Whitman County Flood Management Overlay District requirements and all relevant State regulations. Inert and/or demolition waste fills must comply with WAC 173-304 Minimum Functional Standards for Solid Waste Handling, (as now or hereafter amended), which includes permitting by the local Health jurisdiction.

2. Fill must consist of clean materials that will not result in the leaching of chemical or solid contaminants into surface or ground water.

3. Fills shall be protected against erosion with vegetation or other means stipulated by the SPRC, recommended by the local Soil Conservation District, or Washington State Department of Natural Resources.

19.15.090(3) Infrastructure.

(A) Water use - 

1. An applicant will provide data on anticipated water use for a development proposal.

2. A suitable water source of appropriate quality and capacity as defined by the Whitman County Environmental Health Division shall be demonstrated prior to issuance of a building permit. 

3. Uses which exceed more than 5,000 gallons of water per day, or more than 1,825,000 gallons per year shall provide a water conservation plan in their development proposal. The plan shall consist of, but not be limited to:

(a) Water conservation measures which will demonstrably decrease typical water consumption patterns for the proposed use;

(b) Plans to utilize treated effluent or water rights from Paradise Creek as a secondary water source; 

(B) Sewage disposal - 

1. An applicant shall provide for on-site sewage disposal through an on-site septic system, sewage lagoon system, or alternative system approved by the Washington State Department of Ecology, the Washington State Department of Health, and/or the Whitman County Environmental Health Division.

2. A sewage system design of appropriate quality and capacity must be approved by the permitting authority prior to issuance of a building permit. 

(C) Utilities - 

1. Utilities within a site shall be placed underground. It is the intent that whenever feasible, there shall be a consolidation of utilities into one trench in a common easement.

2. Utilities shall be located underground, with the following exceptions:

(a) Existing overhead electrical utilities may be maintained or replaced, or upgraded.

(b) One overhead heavy feeder tie will be allowed between Sunshine Road and Airport Road, in order to connect the Pullman and Moscow feeder. Three route options shall be prepared and submitted to the SPRC and the Board of Adjustment for their decision.

(c) Other new electrical utility connections of less that 115 kV, such as feeder lines at 13 kV, are technically and economically feasible to be placed underground and shall be underground.

(d) As road improvements are made within the PMC, it is recommended that utility companies (electrical, telephone, television cable, natural gas) work with the road agency to lay conduit in anticipation of future needs.

(e) At the time of adoption of this ordinance, there are 115 kV electrical lines running east and west, both north and south and outside of the corridor boundaries. There may be slight encroachment of the northern line in sections 36, 31 and 32. In the event that future electrical demand proposes further encroachment into the PMC, or a proposal to cross the PMC with these lines for which underground transmission is not practical, this
proposal must be submitted to the SPRC for technical review and then brought to the Planning Commission and the Board of County Commissioners as a special amendment to this chapter. Said proposal must have three options for comparison judgments. This option also applies to any applicants who wish an exception from
the requirement for underground transmission for an overhead feeder line.

(f) Temporary overhead service is allowed for construction purposes. A certificate of occupancy will not be issued until the temporary overhead service is removed.

(g) In the situation where on-going mining exists, overhead distribution of electrical facilities is allowed.

19.15.090(4) Traffic Access and Flow.

(A) State Route 270 access:

          1. Development projects requiring access to SR 270 shall be required to comply with the WSDOT  rules and regulations for utilizing access points and to consolidate access points within a site, negotiate for the use of an alternative access point along SR 270, utilize a frontage road, or  propose an alternative means whereby the total number of access points along the SR 270 corridor within the PMC shall not be increased. 

          2. Approach permits to SR 270 shall be required from the WSDOT prior to project approval.

3. Developments which reduce the WSDOT LOS (Level-of- Service) category, ("C"), to a lower level (including LOS for intersection standards), shall be required to make provisions for acceleration and deceleration lanes at access points, according to WSDOT design. If the intersection can be improved, such as via channelization,
access and exit lanes or separate grade crossings, then the uses could meet the standard of not reducing the LOS category. These improvements must be ready for use before the development will be in occupancy. Developers will be required to pay the cost of these improvements. No development which will reduce the LOS Category "C" will be allowed.

(B) Frontage roads:

1. Privately constructed frontage roads intended to be dedicated shall meet Whitman County road design standards as set forth by Whitman County Codes or as required by the County Engineer. 

2. Service roads, private roads, connector roads, and service drives should be at right angles to the frontage road.

3. Maximum grade for public access roads is twelve percent.

4. Frontage roads shall be deeded to the County for maintenance purposes after construction. Private roads to or within a site are the responsibility of the owner.

(C) On-site Traffic - Roadways within a project shall comply with the Uniform Building Code and the requirements of the County Engineer.

(D) Parking and pedestrian access

1. Parking

          (a) The approach, number and design of parking spaces shall meet the standards of Whitman  County Zoning Ordinance and requirements of the Americans with Disabilities Act (ADA).

          (b) Parking areas should be broken up into units of no more than 60 spaces, separated by interior landscaping, buildings, walkways, and/or berms.

          (c) Smaller, distinct islands of parking may be scattered around the site to access diffused destination points.

          (d) Parking islands shall channel traffic through the site in a logical manner. Designs which permit vehicles to crisscross the intended direction of travel shall be avoided. 

          (e) Parking lot dimensions shall provide for snow removal equipment: 

          [1] Sufficient dimensions and turning radii for trucks, 35' minimum.

          [2] Tree branches initially trimmed to 8 feet and ultimately trimmed to 14 feet height.

          [3] Snow storage shall be located at a low point on the lot, and not on the landscaped areas.

          (f) Parking and loading areas must provide for drainage with a grade of at least two percent (2%).

2. Loading Zones: Service entrances, such as loading docks and garbage pick-up areas, shall be screened from view, in accordance with Section 19.15.080(6).

3. Pedestrian facilities:

          (a) All pedestrian routes shall address avenues of approach for people who are physically   challenged. Emphasis shall be on barrier-free access throughout, with grade limitations between  the handicap parking and any public building entrance.

(b) Pedestrian walkways shall be separated from vehicle traffic by curbing, landscaping, and/or other physical barriers. 

[1] Rolled curbs or other means shall be used to define the pedestrian zone without obstructing emergency access.

[2] Crosswalks and other areas where pedestrians are channeled into a vehicle right-of-way shall be well lighted and clearly marked with painted lines, elevated crosswalks, or varying materials such as a concrete crosswalk that contrasts with the surrounding asphalt.

[3] Pedestrian walkways should be integrated with parking island design to provide landscaped avenues to and from parking areas. Preferred designs keep pedestrians from walking in traffic.

19.15.090(5) Structures.

(A) Site design and design of structure.

1. Siting of structures and outdoor storage areas shall occur so as to minimize disturbance to existing natural topography.

2. Preference will be given to development proposals in which structures and related facilities are clustered within a site and/or between sites.

3. The design of structures on the site shall meet all applicable provisions of the Whitman County Zoning Ordinance and the Uniform Building Code (UBC), as now or hereafter amended.

4. Structures shall be no higher than 35 feet, as defined in section 19.03.140 of the Whitman County Zoning Ordinance. Accessory structures may exceed these height restrictions at the discretion of the SPRC.

5. Buildings shall be separated by twelve (12) feet or more, measured from the most far-reaching projection from the subject structure at the point closest to the neighboring structure.

19.15.090(6) Landscaping. 

Landscaping requirements in the PMC are for the purpose of providing a filtered view of industrial and commercial sites; providing a buffer to protect environmentally sensitive areas; providing a natural means to prevent erosion, slow storm water run-off, and prevent sedimentation of surface waters; providing a natural means to shield properties from sun and wind, and air-borne pollutants; and for aesthetic enhancement. A landscape plan and management schedule is required as part of the zoning approval process. The plan should explain the objective of the design such as to screen, to block, to frame, or so forth.

(A) Landscape requirements - Screening can mean a filtered or blocked view.

1. Perimeter screening is to provide an all season visual separation between adjacent land uses and to screen views of industrial and commercial land uses from SR 270. Perimeter landscaping shall be provided at the front (as viewed from SR 270) and the sides of sites; screening shall be provided at the rear of sites when they are adjacent to uses other than active farms.

2. Additional screening may be required between dissimilar land uses, at the discretion of the SPRC.

3. Additional buffer areas my be required to shield designated environmentally sensitive areas from incompatible land uses, at the discretion of the SPRC.

4. Internal landscaping shall shield views of outdoor storage, service, parking and loading areas from the road and from adjacent uses.

5. Screening may be provided by existing vegetation, landscaped areas, a combination of berms and landscaping, or a combination of fencing and landscaping. The use of trees and vertical growing shrubs for screening is encouraged.

6. When planted to meet perimeter screening objectives, trees and vertical growing shrubs shall be a minimum of four feet in height at the time of planting and of a species known to grow to a minimum of eight feet within five years.

(B) Landscape requirements - Materials and design

1. The use of landscape materials which are planted to achieve a variety of heights shapes and/or textures when vegetation reaches maturity is encouraged; for example, a combination of evergreen and deciduous trees, shrubs and ground cover.

2. Existing trees shall be retained when possible.

3. Fencing materials shall be attractive and durable, and should compliment or blend with the natural colors of the surrounding environment.

4. Screening achieved solely with landscape materials shall consist of a landscaped strip at least 20 feet wide; screening achieved with a combination of berms and landscape materials shall be a minimum of 35 feet wide. 

5. Landscaping for surfaced parking lots shall, at minimum, equal ten percent (10%) of parking areas on interior planting and include one tree for every 10/20 (single/double row) parking spaces.

          (a) Choice of tree types should address drought tolerance. Evergreens should be mixed with  deciduous trees to provide year round visual relief. Interior trees should provide shade for the parking lot in summer.

          (b) Interior lot screening should include shrubbery chosen to be maintained at a height of three feet
          (3'). The intent is to screen the reflective lower portion of parked cars, yet provide an unobstructed   view for pedestrians and other moving vehicles.

          (c) Avoid obstructing views of crosswalks, intersections, and streetlights.

          (d) Minimum size of shrubs at planting shall be one foot in height. 

          (e) Trees shall be set back a minimum of three feet (3') from curbs and shall be a minimum of four feet tall.

(C) Landscape requirements - Maintenance

1. Provisions shall be made for the on-going maintenance, including irrigation as necessary, of landscaped areas.

2. Trees and shrubs which die within twelve months of planting must be replaced at the latest during the next growing season.
 
 

19.15.090(7) Cluster Development. 

Landscaping, screening and parcel frontage requirements may be relaxed at the discretion of the SPRC, if two or more of the following conditions are met by a development which is planned contiguous to an existing development:

(A) shared parking;

(B) shared private access roads and/or service drives;

(C) clustering of structures so as to provide significant, dedicated open areas. 

19.15.090(8) Signs and lighting. 

The purpose of signs and lighting standards in the PMC is to promote safe driving conditions. Sign standards must be met for all project proposals for new construction. In addition, existing signs in the PMC shall meet these standards within five years of the adoption of this chapter. Marking and lighting of safety hazards and directional signs shall be exempt from this chapter when installed by or at the request of a public entity having jurisdiction.

(A) Sign requirements - Type, design and content

          1. All permanent signs must be of a durable nature; the on-going use of temporary and/or portable signs is prohibited.

          2. The display of one temporary sign for a maximum of 60 days, shall be allowed. Temporary signs include signs such as For Sale, For Rent, Auction, and Grand Opening signs, and contractor's signs   during construction.

          3. Sign content shall be restricted to the business name, primary business purpose and business  address of the operation.

          4. Business identification signs, if illuminated, shall be so constructed as to not create glare on adjacent parcels, and shall not pose a hazard to motorists.

          5. No blinking, flashing, or similar intermittent lighting, revolving, or electronic changeable-copy  signs are allowed.

          6. Freestanding billboards are prohibited. Those billboards and other non-conforming signs which were legally constructed or installed prior to the enactment of the 1979 Zoning Ordinance will be   grandfathered as a non-conforming use; these signs may not be enlarged, and if their use is discontinued for six months or more, these signs must be removed. Other signs which were  constructed or installed after the enactment of the 1979 ordinance, must be removed no later that   one year after the adoption of this ordinance amendment. No new non-conforming signs or billboards will be allowed.

          7. Signs which are abandoned, unsafe or damaged, or obsolete must be removed by the owner, or will be removed at the owner's expense by Whitman County Department of Public Works.

(B) Sign requirements - Quantities, dimensions and location

          1. Wall signs, wall-mounted signs and roof signs shall not exceed 80 square feet in size, per side.

          2. No business shall have more than one free-standing business identification sign and one sign  attached to the primary business structure. An exception exists for identification, directional or  safety signs within a site which are not visible from a public road.

          3. Business identification signs attached to a structure shall not exceed the height of the highest roof ridge line on the structure or 15 feet, in the case of free-standing signs. 

          4. Signs must meet setback requirements of ten feet

(C) Lighting requirements - Location and design

1. Lighted signs are subject to the requirements listed above.

2. Exterior site lighting may be required for surveillance purposes, at the discretion of the SPRC.

3. Exterior site lighting shall be arranged so it is deflected away from adjacent properties.

4. Exterior lighting shall not create glare which would interfere with safe transportation in the PMC.

5. Exterior lighting shall be of a "full-cut-off" design in order to minimize light pollution.

19.15.100 SEVERABILITY

If any provision of this chapter or its application to any person or circumstance is held invalid for any reason, the remainder of the chapter or the application of the chapter to other persons or circumstances shall not be affected.

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