Chapter 18.100 DEVELOPMENT STANDARDS

Chapter 18.100
DEVELOPMENT STANDARDS – USE SPECIFIC

Sections:

18.100.010 Accessory residential vehicle service and repair standards.

18.100.020 Amusement and recreation.

18.100.030 Animals.

18.100.040 Daycare facilities.

18.100.050 Essential public facilities.

18.100.060 Group homes.

18.100.070 Home business.

18.100.080 Limited home businesses.

18.100.090 Manufactured homes on individual lots.

18.100.100 Sexually oriented businesses.

18.100.110 Personal wireless communications facilities.

18.100.010 Accessory residential vehicle service and repair standards.

The repair, service, restoration, modification, assembly, disassembly, construction, reconstruction, or other work on a motor vehicle, recreational vehicle or a sporting vehicle on any residential premises in any zone that allows residential uses shall be subject to the following standards:

A. Work shall be limited to the noncommercial repair and maintenance of motor vehicles, recreational vehicles, sporting vehicles and vehicular equipment that is currently registered to a resident of the premises or a member of the residents' family, which shall be limited to parents, grandparents, spouse, or children related by blood, marriage or adoption.

B. Such work is prohibited in multifamily residential complexes of three or more dwelling units on a parcel.

C. Such work shall be conducted on no more than one vehicle at any one time.

D. Such work shall be conducted only between the hours of 7:00 a.m. and 10:00 p.m. on weekdays and 9:00 a.m. and 7:00 p.m. on weekends.

E. Assembly, disassembly or bodywork shall only be conducted within a fully enclosed garage or accessory building. Minor service and repair work may be performed in an open accessory structure or in the driveway directly adjacent to the garage or carport. Such work shall not be performed in the public right-of-way nor shall vehicles be stored in the public right-of-way even if the driveway is located in the public right-of-way.

F. Parts, equipment, debris, excess materials or other supplies needed for the repair of a vehicle on the premises shall be stored within a fully enclosed structure such as a garage or accessory building. No items shall be left outside overnight.

G. The performance of such work shall not create a nuisance to the neighbors.

H. Upon completion of any work allowed by this section, the property shall be cleaned of all debris, oil, grease, gasoline, cloths or rags, and all other equipment or material used in the work, and the property shall be left in such a condition that no hazard to persons or property shall remain. Storage and disposal of all hazardous materials shall be in accordance with state and local regulations.

I. Disposal of all waste products shall be in accordance with state and local regulations.

J. Painting of vehicles is prohibited. (Ord. 03-203 § 1).

18.100.020 Amusement and recreation.

A commercial recreation/amusement establishment may be authorized after consideration of the following factors:

A. Adequacy of access from principal streets, together with the probable effect on traffic volumes of abutting and nearby streets;

B. Adequacy of off-street parking;

C. Adequacy of building and site design provisions to meet performance standards pursuant to EMC 18.90.140, Performance standards. (Ord. 03-203 § 1).

18.100.030 Animals.

A. Animals in Residential Districts. Animals, specifically including household pets, horses, cows, sheep, llamas, goats, and other livestock are permitted in any zoning district in the city.

B. Slaughtering of Farm Animals. Animals, specifically cows, sheep, goats, and other livestock, are permitted to be slaughtered in any zoning district (except public) provided that:

1. Issuance of a valid slaughter license; and

2. Notice is given to Edgewood police department informing of a discharge of a weapon within city limits.

Note: Domesticated fowl valued for their meat and eggs, such as chicken and turkeys, are exempt from this provision. (Ord. 03-203 § 1).

18.100.040 Daycare facilities.

A. Affordable, good quality, licensed daycare within Edgewood is a needed service critical to the well-being of parents, children, elders, and disabled persons in the community. It is the purpose of this section to facilitate the location of licensed facilities in the city in a manner that both simplifies the review and approval process and ensures that the facilities are compatible with the surrounding land uses.

B. This section shall apply to family daycare homes and daycare centers, as defined in this title, operating within the city of Edgewood. It shall not apply to foster care, group homes, and other residential programs providing round-the-clock care; nor shall it apply to care services of a casual, nonrecurring nature or provided in the home of the person being cared for (i.e., baby-sitting) or cooperative, reciprocal care by a group of individuals in their respective homes (i.e., childcare co-operative).

C. The city manager or designee, or hearing examiner, as appropriate, shall approve applications for family daycare homes and daycare centers subject to the following general requirements:

1. Washington State daycare licensure and all applicable state and local licensure and land use permits shall be obtained prior to operation and shall be maintained.

2. The facility shall comply with all building, fire safety, health code, and business licensing requirements.

3. A safe passenger loading area shall be provided.

4. Signage, if any, shall conform to the requirements of EMC 18.90.160, Signs.

5. Parking shall conform to the requirements of EMC 18.90.130, Parking.

6. No structural or decorative alteration shall be made to the dwelling, which will alter the single-family character of an existing or proposed residential structure, or which is incompatible with surrounding residences.

7. In addition to the general requirements above, daycare facilities, Level 2 are subject to the following requirements:

a. The outdoor recreation areas shall be enclosed by at least six-feet-high fence.

b. The outdoor play equipment for child daycare facilities shall not be located in any required front or side yard setback area.

8. In addition to the general requirements above, daycare facilities, Level 3 are subject to the following requirements:

a. The daycare center shall not be located within 300 feet of another daycare facility, and shall not be located in the residence of the care provider.

b. Outdoor recreation areas shall be enclosed by a six-foot-high fence.

c. Outdoor play equipment for child daycare facilities shall not be located in any required front or side yard setback area.

d. The permit may be conditioned in order to reduce potential conflicts between the daycare center and surrounding neighborhood, including, but not limited to, noise attenuation, special parking needs, and hours of operation.

e. There shall be a clearly marked, off-street area for loading and unloading clients. Adequate vehicle turnaround shall be provided on site for parking and loading so as to preclude the necessity of backing out onto the street. (Ord. 03-203 § 1).

18.100.050 Essential public facilities.

Under the state Growth Management Act, essential public facilities include those facilities that are typically difficult to site such as airports, state education facilities and state or regional transportation facilities as defined in RCW 47.06.140; state and local correctional facilities; solid waste handling facilities; and in-patient facilities including substance abuse facilities, mental health facilities, and group homes. For the purposes of and within this title, essential public facilities are treated as listed or substantially similar to listed use types, thereby affirming their siting in appropriate areas; except as applied to public lands, where they are liberally construed to include a broad array of public services. Essential public facilities do not include wireless telecommunications facilities. (Ord. 03-203 § 1).

18.100.060 Group homes.

A. Intent. The intent of this subsection is to outline general conditions with which Type II and Type III group homes, as defined in EMC 18.70.050, Residential use category, must comply when applying for a conditional use permit to locate in the city.

B. Dispersion Requirements. Group homes Type II and Type III must locate a minimum of 600 feet from any other group home Type II or Type III. Group homes shall have a 1,000-foot separation from the following land uses and zones:

1. Public or private schools;

2. Churches or other religious facilities or institutions;

3. Parks and playgrounds;

4. Daycare facilities;

5. Residential uses;

6. Residential zones; and

7. Other comparable land uses as determined by the city manager or designee.

C. Registration and Licensing. Group homes shall obtain all licenses necessary for operation by state and federal agencies. Group homes Type II and Type III shall also register with the city by supplying information pertinent to the validity, update and renewal status of the home's state and federal license. Accuracy of all information contained in any state or federal license shall be verified to the extent possible by the city. Any applicant for a group home conditional use permit shall have the responsibility to ensure that information regarding any changes made to the license prior to its renewal is immediately provided to the city. (Ord. 03-203 § 1).

18.100.070 Home business.

The purpose of this section is to provide standards which allow residents of single- or multifamily dwellings to operate businesses or conduct commercial activity from their principal residence or from a permitted accessory structure while achieving the goals of retaining the residential character of the dwelling and the neighborhood.

A. Home businesses are limited to an accessory use in conjunction with a single-family detached dwelling use type. Obtaining a home business permit is required.

B. The following uses are exempt from the regulations of this section.

1. Daycare facilities (Level 1, 2), which are subject to EMC 18.100.040, Daycare facilities.

2. Lodging (Level 1).

3. Garage sales, yard sales, bake sales, temporary home bazaars for hand-crafted items or parties for the display of clothing, gifts and household products, and other similar uses shall not be subject to regulation pursuant to this section; provided, that:

a. Any such use shall not be in existence for more than four times in any one calendar year, and is not in violation of any other section of the title or other city ordinances; and

b. That any such garage sales and yard sales involve only the sale of household goods, none of which were purchased for the purpose of resale.

4. For the profit sale of produce or other food products is limited to the temporary seasonal sale of produce grown on the premises.

5. Hobbies, which do not result in payment to those, engaged in such activity.

C. Prohibited Activities.

1. No home business or business use on residential property that a person owns occupies or is in lawful control of, contrary to the provisions of this section.

2. The following on-site activities are prohibited as home businesses:

a. Motor vehicle, commercial truck and heavy equipment repair.

b. Motor vehicle, commercial truck and heavy equipment bodywork.

c. Motor vehicle, commercial truck and heavy equipment painting.

d. Motor vehicle, commercial truck and heavy equipment wash and/or detailing services.

e. Storage of motor vehicles, commercial trucks or heavy equipment.

f. Storage of used parts of vehicles and/or used machinery in inoperable condition.

g. Storage of building materials such as lumber, plasterboard, pipe, paint or other construction materials unless being used to construct a specific structure on the premises, pursuant to a current city building permit.

D. The following performance standards prescribe the parameters under which home business activities may be conducted when incidental to a residential use. Activities that exceed these performance standards are subject to Chapter 18.70 EMC, Land Use Types and Levels, to determine the appropriate civic, commercial, or industrial use category that applies to the activity.

1. The following standards apply to all home business activities within the city of Edgewood:

a. A home business permit shall be obtained for each home business and any property on which a home business is undertaken.

b. A city business registration shall be obtained and maintained for each home business.

c. The home business shall be clearly incidental and secondary to the use of the property as residential purposes and shall not change the residential character of the dwelling or neighborhood.

d. There shall be no more than three deliveries per week to the residence by suppliers.

e. Traffic generated by a home business shall not exceed 16 round trips per day associated with the home business, including deliveries and client-related trips.

f. Utility demand for sewer, water, electricity, garbage or natural gas shall not exceed normal residential levels.

g. Equipment or operation processes shall not be utilized which would produce or cause the emission of gasses, dust, odors, vibration, electrical interference, smoke, noise, or light in a manner likely to cause offense or irritation to neighboring residents.

h. The home business(es) shall not use electrical or mechanical equipment that results in:

i. A change to the fire rating of the structure(s) used for the home business(es);

ii. Visual or audible interference in radio or television receivers, or electronic equipment located off-premises; or

iii. Fluctuations in line voltage at or beyond the property line.

i. There shall be no storage, distribution and/or production of toxic or flammable materials, nor spray painting or spray finishing operations that involve toxic or flammable materials, which in the judgement of the fire marshal pose a dangerous risk to the residence, its occupants, and/or surrounding properties. An applicant shall make available the material safety data sheets, listing all potentially toxic and/or flammable materials associated with the home business, to the fire marshal if requested for review.

E. One or more home business may be conducted in a single-family residential detached dwelling use type as an accessory use, excepted as prohibited in subsection (C) of this section, Prohibited Activities; provided, that the home business shall:

1. Be operated by a resident of the property on which the business is located.

2. Employ no more than one full- or part-time person, other than residents of the dwelling.

3. Be operated within the dwelling or other accessory buildings normally associated with uses permitted in the zone in which the property is located.

4. Not interfere with existing uses on nearby land or with other uses permitted in the zone in which the property is located.

5. Comply with all conditions imposed pursuant to this section.

6. Have one parking space per employee provided on the same parcel of land, in addition to that parking required for the dwelling.

7. Not utilize more than two vehicles and utility trailers, with a gross vehicle and trailer weight of more than 10,000 pounds, in the operation of the home business. Parking for said vehicles and/or trailers shall be provided on the subject property.

8. Store all materials, parts, tools and other equipment used in the operation of the home business entirely within the dwelling or accessory building.

9. Comply with building, land use and fire code requirements for permits, occupancy, and inspection, including use of hazardous materials or equipment.

10. Limit manufacturing to the small-scale assembly of already manufactured parts but shall not preclude production of small, individually hand-crafted items, furniture or other wood items as long as the activity meets the other standards of this section.

11. Prohibit customers or clients on the premises prior to 8:00 a.m. and after 8:00 p.m. on Mondays through Fridays, and prior to 9:00 a.m. and after 5:00 p.m. on weekends and state or federal holidays.

12. Limit the home business activity to 40 percent of the gross floor area of the residence, including garages and unfinished basements, and accessory buildings; or 2,000 square feet, whichever is less.

13. Meet the signage requirements of EMC 18.90.160, Signs.

14. Meet the business requirement of Chapter 5.05 EMC, Business License Regulation.

F. The decision to approve, approve with conditions, or deny an application for a home business permit shall be made by the city manager or designee upon findings of whether or not the purposed home business is or will be:

1. In compliance with the standards contained in this section;

2. Subordinate to the residential use of the property; and

3. Undertaken in a manner that is not detrimental or disruptive in terms of appearance or operation to neighboring properties or the community.

4. The city manager or designee may impose conditions upon the approval of a home business permit to ensure compatibility with adjacent residential uses and surrounding neighborhoods. These conditions may include, but are not limited to, the following:

a. Further limiting the hours, days, place and manner of operation.

b. Requiring site and building design features that minimize environmental impacts such as noise, vibration, air pollution, glare, odor and dust.

c. Requiring additional building setbacks, and increased lot area, depth or width.

d. Further limiting the building area used by the home business and restricting the location of the use on the site in relationship to adjoining uses.

e. Designating the size, number, location and design of vehicle access points.

f. Requiring street right-of-way to be free at all times of vehicles associated with the home business.

g. Requiring landscaping, buffering and/or screening of the home business from adjoining uses and establishing standards for the continued maintenance of these improvements.

h. Requiring storm drainage improvements, and surfacing of parking and loading areas.

i. Limiting the extent and type of interior or exterior building remodeling necessary to accommodate the home business.

j. Limiting or setting standards for the location and intensity of outdoor lighting.

k. Requiring and designating the size, height, location of fences and materials used for their construction.

G. Permit Revocation and Expiration.

1. The city manager or designee may revoke a home business permit if the conditions of approval have not been complied with and the home business is otherwise being conducted in a manner contrary to this title.

2. When a home business permit has been revoked due to violation of these standards, a minimum period of one year shall elapse before another application for a home business permit by the applicant(s) or member of the family residing on the subject property will be considered.

3. A home business permit shall become invalid if the applicant moves his or her residence.

H. An ongoing home business may be granted nonconforming status; provided, that it was permitted under Pierce County authority prior to Edgewood's incorporation and has been in continuous operation since initial approval. The burden of providing a home business's nonconforming status rests with the property owner or tenant. A home business without city or county approval, which cannot prove nonconforming status, shall be considered in violation of this section and shall cease until the appropriate approvals have been granted. (Ord. 03-203 § 1).

18.100.080 Limited home businesses.

A. The purpose of this section is to provide standards which allow residents of single- or multifamily dwellings to operate businesses or conduct commercial activity from their principal residence or from a permitted accessory structure while achieving the goals of retaining the residential character of the dwelling and the neighborhood.

B. Limited home businesses are permitted as an accessory use in conjunction with single-family detached dwelling, single-family attached dwelling, and multifamily attached dwelling use types.

C. The following uses are exempt from the regulations of this section:

1. Daycare facilities (Level 1, 2), which are subject to EMC 18.100.040, Daycare facilities.

2. Lodging (Level 1).

a. Any such use shall not be in existence for more than four times in any one calendar year and is not in violation of any other section of the title or other city ordinances; and

b. Any such garage sales and yard sales involve only the sale of household goods, none of which were purchased for the purpose of resale.

4. For the profit sale of produce or other food products is limited to the temporary seasonal sale of produce grown on the premises.

5. Hobbies, which do not result in payment to those, engaged in such activity.

D. Prohibited Activities.

1. No limited home business or such use on property that a person owns occupies or is in lawful control of, contrary to the provisions of this section.

2. The following on-site activities are prohibited as home businesses:

a. Motor vehicle, commercial truck and heavy equipment repair.

b. Motor vehicle, commercial truck and heavy equipment bodywork.

c. Motor vehicle, commercial truck and heavy equipment painting.

d. Motor vehicle, commercial truck and heavy equipment wash and/or detailing services.

e. Storage of motor vehicles, commercial trucks or heavy equipment.

f. Storage of used parts of vehicles and/or used machinery in inoperable condition.

E. The following performance standards prescribe the parameters under which limited home business activities may be conducted when incidental to a residential use. Activities that exceed these performance standards are subject to EMC 18.70, Land Use Types and Levels, to determine the appropriate civic, commercial, or industrial use category that applies to the activity.

The following standards apply to all limited home business activities within the city of Edgewood:

1. A limited home business permit shall be obtained for each limited home business and any property on which a limited home business is undertaken.

2. A city business license shall be obtained and maintained for each limited home business.

3. The limited home business shall be clearly incidental and secondary to the use of the property as residential purposes and shall not change the residential character of the dwelling or neighborhood.

4. All the activities of the limited home business(es) shall be conducted indoors, except for those related to growing or storing of plants used by the limited home occupation(s).

5. No modification shall be made to the dwelling to establish or operate the limited home business that would cause it to resemble anything other than a dwelling.

6. There shall be no more than three deliveries per week to the residence by suppliers.

7. Traffic generated by a limited home business shall not exceed 16 round trips per day associated with the home business, including deliveries and client-related trips.

8. Sales, either retail or wholesale, shall be limited to mail order and telephone sales with off-site delivery.

9. Services to patrons shall be arranged by appointment or provided off-site.

10. Utility demand for sewer, water, electricity, garbage or natural gas shall not exceed normal residential levels.

11. Equipment or operation processes shall not be utilized which would produce or cause the emission of gasses, dust, odors, vibration, electrical interference, smoke, noise, or light in a manner likely to cause offense or irritation to neighboring residents.

12. The home business(es) shall not use electrical or mechanical equipment that results in:

a. A change to the fire rating of the structure(s) used for the home business(es);

b. Visual or audible interference in radio or television receivers, or electronic equipment located off-premises; or

c. Fluctuations in line voltage at or beyond the property line.

13. There shall be no storage, distribution and/or production of toxic or flammable materials, nor spray painting or spray finishing operations that involve toxic or flammable materials, which in the judgement of the fire marshal pose a dangerous risk to the residence, its occupants, and/or surrounding properties. An applicant shall make available the material safety data sheets, listing all potentially toxic and/or flammable materials associated with the home occupation, to the fire marshal if requested for review.

F. One or more limited home business may be conducted in a residential dwelling as accessory uses, excepted as prohibited in EMC 18.100.070(C), Prohibited Activities; provided, that the limited home business shall:

1. Not have any employee, volunteer or other person engaged in the commercial activity on the site, other than residents of the dwelling.

2. Be operated in its entirety within the principal dwelling.

3. Not have a separate entrance from outside the building.

4. Not use any mechanical equipment except that which is used normally for purely domestic or household purposes.

5. Not utilize more than 25 percent of the total floor area of the living space of the dwelling. Areas within attached garages, unfinished basements and storage buildings shall not be considered living space for purposes of calculating allowable home business area but may be used for storage of goods associated with the limited home business.

6. Not show any evidence that a business is being conducted from the premises.

7. Not have any exterior signage that identifies the property as a business location.

8. Not allow clients or customers to visit the premises for any reason.

9. Not have any exterior storage of materials.

10. Meet the business requirement of Chapter 5.05 EMC, Business License Regulation.

G. Permit Revocation and Expiration.

3. A home business permit shall become invalid if the applicant moves his or her residence.

H. An ongoing home business may be granted nonconforming status; provided, that it was permitted under Pierce County authority prior to Edgewood's incorporation and has been in continuous operation since initial approval. The burden of providing a home business' nonconforming status rests with the property owner or tenant. A home business without city or county approval, which cannot prove nonconforming status, shall be considered in violation of this section and shall cease until the appropriate approvals have been granted. (Ord. 03-203 § 1).

18.100.090 Manufactured homes on individual lots.

A manufactured home that is placed on an individual lot shall be considered a single-family detached dwelling. The manufactured home shall:

A. Be placed on a permanent conventional foundation and set up in accordance with building code requirements;

B. Be oriented on the lot so that the longest façade is parallel or predominately parallel to the public or private street;

C. Be comprised of at least two fully enclosed parallel sections each not less than 12 feet wide by 36 feet long;

D. Have exterior siding similar in appearance to siding material commonly used on conventionally built housing;

E. Include either an attached or detached carport or garage;

F. Include a finished porch or deck for each entrance door;

G. A title elimination is required prior to building occupancy;

H. Be a new manufactured home. (Ord. 05-252 § 3; Ord. 03-203 § 1).

18.100.100 Sexually oriented businesses.

A. The purpose of this section is to protect Edgewood's residents and corporate citizens from documented harmful secondary effects attributable

to sexually oriented businesses as documented by the findings of a municipal task force organized to study these issues and the findings of other jurisdictions dealing with similar issues. The regulations included herein are intended to shield the community from crime, disease, and prostitution; to provide a quality environment for children in the community; to advance the goals and purposes of schools and religious organizations serving Edgewood; and to foster and preserve the family orientation of the city's residential neighborhoods.

B. This section shall apply to all sexually oriented businesses, as defined herein and as may be hereafter defined, located within the city of Edgewood.

C. Sexually oriented business uses are prohibited:

1. Within 330 feet of any property zoned for any residential use or of any property used for any single-family or multiple-family residential use;

2. Within 330 feet of any public or private elementary or secondary school property;

3. Within 330 feet of any child daycare center, child care service, nursery, preschool, or community youth center;

4. Within 330 feet of any church or other facility or institution used primarily for religious purposes;

5. Within 330 feet of any public park, open space or other place where children are likely to congregate;

6. Within 500 feet of any public or school bus stop; and

7. Within 1,000 feet of any other sexually oriented business use;

8. As used herein, the distances shall mean the straight-line distance between the edge or corner of the property on which the use is located to the nearest edge or corner of the property of another sexually oriented business use or any of the sensitive receptor areas set forth above.

D. Any business subject to the regulations of this section shall be required to obtain a conditional use permit, in conformance with EMC 18.50.040, Conditional use.

E. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

1. Any establishment where the business or activity of the facility includes the following:

a. Any exhibition, performance, dance or conduct of any type conducted in a premises where such exhibition, performance, or dance involves a person who is unclothed or in such costume, attire, or clothing as to expose any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or wearing any device or covering exposed to view which simulates the appearance of any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

b. Any exhibition, performance, dance or conduct of any type conducted in a premises where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on the depiction, description, simulation or relation to the following specified sexual activities:

i. Human genitals in a state of sexual stimulation or arousal; or

ii. Acts of human masturbation, sexual intercourse or sodomy; or

iii. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast; or

iv. Any exhibition, performance, dance or conduct which is intended to sexually stimulate any member of the public and which is conducted on a regular basis or as a substantial part of the activities in these premises. This includes, but is not limited to, any such exhibition, performance, dance or conduct performed for, arranged with or engaged in with fewer than all members of the public on the premises at that time, for which payment is made, either directly or indirectly, for such performance, exhibition, dance or conduct and which is commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing, or similar types of performances, exhibitions, dances or conduct.

c. Provided, however, that for the purposes of this section, adult entertainment activities do not include the following: plays, operas, musicals, or other dramatic works that are not obscene; classes, seminars and lectures which are held for serious scientific or educational purposes and which are not obscene; or exhibitions, performances, expressions or dances that are not obscene.

d. Provided, further, that these exemptions shall not apply to the sexual conduct defined in Chapter 5.10 EMC, Business License, nor the sexual conduct described in RCW 7.48A.010 (2)(b)(ii) and (iii).

2. Any goods, products, commodities, or other wares, including, but not limited to, videos, CD-ROMs, DVDs, magazines, books, pamphlets, posters, cards, periodicals or nonclothing novelties, which depict, describe or simulate specified anatomical areas or specified sexual activities.

3. A retail establishment which, for money or any other form of consideration, either:

a. Has, as a primary part of its business, the purpose or function of selling, exchanging, renting, loaning, trading, transferring, and/or providing for viewing or use, off the premises, any adult oriented merchandise; or

b. Provides for, as its substantial stock in trade, the sale, exchange, rental, loan, trade, transfer, and/or provide for viewing or use, off the premises, any adult-oriented merchandise.

For the purposes of this section, a “primary part of [a] business” includes, but is not limited to, instances where a business provides or has advertising displays, merchandise, or product information reasonably visible to customers and other persons within the business facilities that shows, displays, or otherwise depicts adult-oriented merchandise or other sexually oriented business activities. Provided, however, that it shall not be considered a “primary part of [a] business” if such display, merchandise, or product information is only reasonably visible from within a limited portion of the business facility screened from general view, taking up not more than 20 percent of the customer floor space, and where the access to the limited portion can be controlled to prevent accidental or incidental viewing of the display, merchandise, or product information by customers and other persons outside the limited portion of the business facilities.

Also, for the purposes of this section, a “substantial stock in trade” refers to, but is not limited to, instances where 20 percent or more of the revenue generated by the business is derived from the sale, exchange, rental, loan, trade, transfer, and/or provision of adult-oriented merchandise; 20 percent or more of the inventory of the business is adult-oriented merchandise; or 20 percent or more of the customers of the business buy, exchange, rent, borrow, trade, transfer, and/or shop for adult-oriented merchandise in or from the business.

4. Any device which, for payment of a fee, membership fee, or other charge, is used to view, exhibit, or display a film, videotape, or videodisc. All such devices are denominated in this section by the terms “panoram” or “panoram device.” The terms panoram and panoram device as used in this section do not include games which employ pictures, views, or video displays; or state-regulated gambling devices.

5. Those uses and zoning designations where children are likely to congregate, including property zoned for residential use or any single-family or multifamily residential use; public or private elementary or secondary schools; daycare facilities, nurseries, or preschools for children; churches or other facilities or institutions used primarily for religious purposes; and public parks or open spaces where children are likely to congregate.

6. A business that includes, as a primary part of its business, any one or more of the following as defined herein: “adult entertainment facility,” “adult-oriented merchandise,” “adult retail use,” and/or “panoram”; or a similar facility, merchandise, or entertainment.

7. Specified Anatomical Areas. Any of the following:

a. Less than completely and opaquely covered human genitals, anus, pubic region, buttock, or female breast below a point immediately above the top of the areola; or

b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

8. Specified Sexual Activities. Any of the following:

a. Human genitals in a state of sexual stimulation or arousal; or

b. Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality; or

c. Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts, whether clothed or unclothed, of oneself or of one person by another; or

d. Excretory functions as part of or in connection with any of the activities set forth in this subsection.

F. If any portion of this section is deemed to be in conflict or inconsistent with any other provisions of the Edgewood Municipal Code, including, but not limited to, other sections of this title, such other provisions shall be construed in conformity herewith; provided, that if such other provisions are not able to be so construed, the provisions of this section shall control, and such other provisions shall be deemed modified to conform herewith, for the purposes of this section only. (Ord. 03-203 § 1).

18.100.110 Personal wireless communications facilities.

A. This section addresses the issues of location and appearance associated with personal wireless service facilities (PWSFs). It provides adequate siting opportunities through a range of locations and options, which minimize safety hazards and visual impacts sometimes associated with wireless communications technology. The siting of facilities on existing buildings or structures, co-location of several providers' facilities on a single support structure, and visual mitigation measures are encouraged to maintain neighborhood appearance and reduce visual clutter in the city. This section is subject to periodic review and revision in accordance with the comprehensive plan.

B. Definitions.

1. “Antenna(s)” means any system of electromagnetically tuned wires, poles, rods, reflecting discs or similar devices used to transmit or receive electromagnetic waves between terrestrial and/or orbital based points, and includes, but is not limited to:

a. Whip antenna(s): An omni-directional antenna which transmits and receives radio frequency signals in a 360-degree radial pattern, typically four inches or less in diameter.

b. Panel antenna(s): A directional antenna which transmits and receives radio frequency signals in a specific directional pattern of up to 120 degrees, typically thin and rectangular in shape.

c. Tubular antenna(s): A hollow tube typically 12 inches in diameter containing either omni-directional or directional antennas, depending on the specific site requirement. Often used as a means to mitigate the appearance of antennas on top of light standards and power poles.

d. Parabolic (or dish) antenna(s): A bowl-shaped device for the reception and/or transmission of communications signals in a narrow and specific direction.

e. Ancillary antenna(s): An antenna that is less than 12 inches in its largest dimension and that is not directly used to provide personal wireless communications services. An example would be a global positioning satellite (GPS) antenna.

2. “Electromagnetic field (EMF)” means the field produced by the operation of equipment used in transmitting and receiving radio frequency signals.

3. “Equipment shelter” means the structure associated with a PWSF that is used to house electronic switching equipment, cooling systems, and back-up power systems.

4. “Microcell” means a wireless communications facility consisting of an antenna that is either:

a. Four feet in height and with an area of not more than 580 square inches; or

b. If a tubular antenna, no more than 12 inches in diameter and no more than six feet high.

5. “Minor facility” means a wireless communications facility consisting of up to three antennas, each of which is either:

a. Four feet in height and with an area of not more than 580 square inches; or

b. If a tubular antenna, no more than 12 inches in diameter and no more than six feet high; and the associated equipment cabinets that are six feet or less in height and no more than 48 square feet in floor area;

c. A whip antenna which is four inches or less in diameter and no more than 15 feet in length.

6. “Support structure” means any built structure, including any guy wires and anchors, to which antennas and other necessary associated hardware is mounted. Support structures may include the following:

a. Lattice tower: a support structure which consists of a network of crossed metal braces, forming a tower which is usually triangular or square in cross-section.

b. Guy tower: a support structure such as a pole or narrow metal framework which is held erect by the use of guy wires and anchors.

c. Monopole: a support structure, which consists of a single steel pole sunk into the ground and/or attached to a concrete pad.

d. Existing nonresidential structure: existing structures identified in this chapter to which a PWSF may be attached with certain conditions.

C. The following are exempt from the provisions of this chapter and shall be permitted in all zones:

1. Industrial processing equipment and scientific or medical equipment using frequencies regulated by the Federal Communications Commission (FCC).

2. Antennas and related equipment, no more than three feet in height, that are being stored, shipped, or displayed for sale.

3. Facilities used for purposes of public safety, such as, but not limited to, police, hospitals, and the regional 911 system.

4. Wireless radio utilized for temporary emergency communications in the event of a disaster.

5. Licensed amateur (ham) radio stations.

6. Satellite dish antennas less than two meters in diameter, including direct to home satellite services, when used as a secondary use of the property.

7. Personal wireless service facilities, which existed on, or prior to, February 14, 1998; except that this exemption does not apply to modifications of existing facilities.

8. Routine maintenance or repair of a personal wireless service facility and related equipment (excluding structural work or changes in height or dimensions of antennas, towers, or buildings); provided, that compliance with the standards of this section are maintained.

9. Subject to compliance with all other applicable standards of this code, a building permit application need not be filed for emergency repair or maintenance of a personal wireless service facility until 30 days after the completion of such emergency activity.

10. Automated meter reading systems are permitted on utility poles provided any equipment mounted on the poles is less than 14 inches by 12 inches by 12 inches for the structure and associated antennas are less than 18 inches from the structure. This exemption shall be allowed in all zoning areas; however, structures are allowed only on power poles for the intended use of the power poles owner and may not be leased to other users.

D. PWSF Locations.

1. PWSFs may be conditionally permitted in the following land use zones:

a. Commercial, MUR, Business Park, Public and Town Center; provided, that they are located within 300 feet of Meridian Avenue East.

b. Industrial, which are not required to be within 300 feet of Meridian Avenue East.

2. Existing Buildings and Structures. In addition to the zoning districts identified in subsection (D)(1) of this section, PWSFs may also be placed on the following existing buildings and structures:

a. Any tower currently used by a permitted PWSF; provided, that the tower is in full compliance with all terms and conditions of its approval.

b. Mt. View-Edgewood Water Company and city of Milton water tanks; provided, that only whip antennas, or panel antennas mounted on the side, which do not extend above the top of the tank, may be located on water tanks.

c. Microcell and minor facilities may be located on existing nonresidential buildings located within 300 feet of Meridian in the Commercial zone.

d. Existing light standards and power poles located in rights-of-way within 300 feet of Meridian in the Commercial, Town Center, Business Park, Public and MUR zones when the PWSF consists of a single whip not to exceed 15 feet in height or tubular antenna not to exceed six feet in height and the equipment cabinet is underground for these types of PWSFs; provided, that the height of the light standard or power pole is not increased, but for the height of the antenna.

E. General Provisions.

1. PWSFs may be considered either principal or accessory uses. A different use of an existing structure on the same lot shall not preclude the installation of a PWSF on that lot.

2. PWSFs are not considered essential public facilities as defined in the Growth Management Act and shall not be regulated or permitted as essential public facilities.

3. The applicant must demonstrate that it is licensed by the FCC if it is required to be licensed under FCC regulations. The applicant, if not the telecommunications service provider, shall submit proof of lease agreements with an FCC licensed telecommunications provider if they are required to be licensed by the FCC.

4. For purposes of determining whether the installation of a PWSF complies with development standards, such as, but not limited to, setback and lot coverage requirements, the dimensions of the entire lot shall control, even though a PWSF is located on a leased parcel within that lot.

5. No wireless equipment shall be used for the purpose of mounting signs or message displays of any kind.

6. PWSFs shall not be artificially lighted unless required by the Federal Aviation Administration (FAA) or other applicable authority.

7. The city shall consider the cumulative visual effects of PWSFs mounted on existing structures and/or located on a given permitted site in determining whether the additional permits can be granted so as to not adversely affect the visual character of the city.

8. All PWSF installations shall comply with all relevant provisions of the city of Edgewood design standards.

9. All applicants shall obtain a city of Edgewood business license prior to issuance of any permits.

F. All PWSFs shall be constructed, erected or built in accordance with the Edgewood Municipal Code and with the following site development standards:

1. PWSFs, equipment, and equipment cabinets shall be screened or camouflaged through employing the best available technology. This may be accomplished by use of compatible materials, location, color, stealth technologies such as, but not limited to, artificial trees and hollow flagpoles, and/or other tactics to achieve minimum visibility of the facility as viewed from public streets or residential properties.

2. PWSFs may be mounted on nonresidential buildings and structures with an administrative use permit; provided, that the following conditions are met:

a. The PWSF consists of a microcell or a minor facility;

b. The combined antennas and supporting hardware shall not extend more than 15 feet above the roof structure, light or utility pole. Antennas may be mounted to rooftop appurtenances provided they do not extend beyond 15 feet above the roof proper; and

c. The antennas are mounted on a building, light standard or power pole such that they are located and designed to minimize visual and aesthetic impacts to surrounding land uses and structures and shall, to the greatest extent possible, blend into the existing environment. Panel and parabolic antennas shall be completely screened.

3. New freestanding PWSFs, all nonexempt repair and maintenance, the expansion and/or alteration of existing PWSFs, and all other PWSFs not meeting the criteria for an administrative use permit will require a conditional use permit to be issued by the city hearing examiner and shall conform to the following site development standards:

a. The applicant shall demonstrate that the PWSF tower is the minimum height required to function satisfactorily. No freestanding PWSF shall exceed 45 feet in height from the natural grade of the site. No freestanding PWSF that is taller than this height shall be approved. Height shall be measured to the top of the antenna(s).

b. Placement of a freestanding PWSF shall be denied if placement of the antennas, on an existing structure, can meet the applicant's technical and network location requirements.

c. Monopoles shall be the only freestanding structures allowed in the city.

d. A freestanding PWSF, including the support structure and associated electronic equipment, shall comply with all required setbacks of the zoning district in which it is located; except, when on a lot adjacent to a residential use or residentially zoned property, then the minimum setback from the property line(s) of the adjacent residential use(s) shall equal the height of the proposed facility.

e. Freestanding PWSFs shall be designed and placed on the site in a manner that takes maximum advantage of existing trees, mature vegetation, and structures so as to:

i. Use existing site features to screen as much of the total PWSF as possible from prevalent views; and/or

ii. Use existing site features as a background so that the total PWSF blends into the background with increased sight distances.

f. In reviewing the proposed placement of a facility on the site and any associated landscaping, the city may condition the application to supplement existing trees and mature vegetation to more effectively screen the facility.

g. Support structures, antennas, and any associated hardware shall be painted a nonreflective color or color scheme appropriate to the background against which the PWSF would be viewed from a majority of points within its viewshed. Proposed color or color scheme is to be approved by the city.

h. The hearing examiner shall conduct an open public hearing and review all conditional use permits under this section.

i. The applicant has the burden of proving that the proposed facility meets all criteria and conditions of this section.

j. The hearing examiner may approve an application for a facility, approve with additional requirements to comply with the criteria of this chapter or approve with additional requirements or modifications to comply with local conditions not envisioned by the criteria of this section.

k. The hearing examiner shall deny an application for a facility if the proposal does not meet the criteria or cannot be conditioned or modified to meet the criteria of this section or cannot meet the criteria necessitated by local conditions.

4. Electronics equipment enclosures shall conform to the following:

a. Screening of PWSF equipment enclosures shall be provided with one or a combination of the following: underground, fencing, walls, landscaping, structures, or topography which will block the view of the equipment shelter, as much as practicable, from any street and/or adjacent properties. Screening may be located anywhere between the enclosure and the above mentioned viewpoints. Landscaping for the purposes of screening shall be maintained in a healthy condition; and

b. No wireless equipment reviewed under this section shall be located within required building setback areas.

5. Security fencing, if used, shall conform to the following:

a. No fence shall exceed six feet in height;

b. Security fencing shall be effectively screened from view through the use of appropriate landscaping materials; and

c. Chain-link fences shall be painted or coated with a nonreflective color, and shall have a minimum three-foot-deep area to be planted with approved plant species in a manner that will completely screen the fencing.

G. The intent of co-location is to encourage several providers to use the same structure to keep the number of PWSF sites to a minimum as a means to reduce the overall visual effects throughout the community. The following procedures are required to further the intent of PWSF co-location:

1. A permittee shall cooperate with other PWSF providers in co-locating additional antennas on support structures and/or on existing buildings provided said proposed co-locatees have received a permit for such use at said site from the city. A permittee shall allow other providers to co-locate and share the permitted site, provided such shared use does not give rise to a substantial technical level impairment of the permitted use (as opposed to a competitive conflict or financial burden).

2. A signed statement indicating that the applicant agrees to allow for the potential co-location of additional PWSF equipment by other providers on the applicant's structure shall be submitted by the applicant as part of the permit application. If an applicant contends that future co-location is not possible on their structure, they must submit a technical study documenting why.

3. PWSFs proposed for co-location on an existing support facility that do not involve an increase in height or expansion may be permitted through an administrative use permit; provided, that the applicant can document that the existing support facility is in full compliance with the conditions of its approval.

H. In instances where a PWSF is to be removed, the removal shall be in accordance with the following procedures:

1. The operator of a PWSF shall notify the city upon the discontinuance of a particular facility. The PWSF shall be removed by the facility owner within 90 days of the date the PWSF is discontinued, it ceases to be operational, the permit is revoked, or if the facility falls into disrepair or is abandoned. Disrepair includes structural features, paint, landscaping, or general lack of maintenance which could result in safety or visual impacts; and

2. If the provider fails to remove the facility upon 90 days of its discontinued use, the responsibility for removal falls upon the landholder on which the facility has been located. If the landholder fails to remove the facility within 90 additional days, the city may cause the facility to be removed at the owner's expense.

I. Electromagnetic Field (EMF) Standards Compliance. All PWSFs shall be operated in compliance with the following standards:

1. The applicant shall comply with federal standards for EMF emissions. Within six months after the issuance of its operational permit, and annually thereafter, the applicant shall submit a project implementation report which provides cumulative field measurements of radio frequency (EMF) power densities of all antennas installed at the subject site. The report shall quantify the EMF emissions and compare the results with established federal standards. Said report shall be subject to review and approval of the city for consistency with the project proposal report and the adopted federal standards. If on review, the city finds that the PWSF does not meet federal standards, the city may revoke or modify the permit. The applicant shall be given a reasonable time based on the nature of the problem to comply with the federal standards. If the permit is revoked, then the facility shall be removed.

2. The applicant shall ensure that the PWSF will not cause localized interference with the reception of, but not limited to, area television or radio broadcasts. If upon review of a registered complaint the city finds that the PWSF interferes with such reception, the city may revoke or modify the permit. The applicant shall be given a reasonable time based on the nature of the problem to correct the interference. If the permit is revoked, then the facility shall be removed.

J. Application Requirements. The city manager or designee shall issue a written determination when an application has been determined to be complete. Applications for a PWSF shall be in a form prescribed by the city of Edgewood and at a minimum shall contain the following information:

1. Photosimulations of the proposed facility from affected residential properties and public rights-of-way at varying distances.

2. A site plan clearly indicating the location, type and height of the proposed PWSF, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower, and any other proposed structures. A site elevation and landscaping plan indicating the specific placement of the facility on the site, the location of existing structures, trees, and other significant site features, and a complete description of all measures proposed to camouflage the facility, including the type and location of plant materials used to screen the facility, and the proposed color schemes for the facility and the method of fencing.

3. A signed statement indicating that:

a. The applicant and landowner agree they will diligently negotiate in good faith to facilitate co-location of additional personal wireless service facilities by other providers on the applicant's structure or within the same site location;

b. The applicant and/or landlord agree to remove the facility within 90 days after abandonment;

c. The owner of the site is accepting the ultimate responsibility for the removal of abandoned facilities.

4. Copies of any environmental documents required by any federal agency. These shall include the environmental assessment required by FCC Paragraph 1.1307, or, in the event that an FCC environmental assessment is not required, a statement that describes the specific factors that obviate the requirement for an environmental assessment.

5. Evidence of site control.

6. A current map showing the location and service area of the proposed PWSF.

7. A map showing the locations and service areas of other personal wireless service facilities operated by the applicant and those proposed by the applicant that are close enough to impact service within the city.

8. Legal description of the parcel.

9. The approximate distance between the proposed tower and the nearest residential unit or residentially zoned properties.

10. A letter signed by the applicant stating the PWSF will comply with all FAA regulations and EIA standards and all other applicable federal, state and local laws and regulations.

11. Certification that the antenna usage will not interfere with other adjacent or neighboring transmission or reception functions.

12. If the facility is proposed for location in the city right-of-way, evidence of bonding and insurance in amounts prescribed by the city.

13. The application shall include documentation demonstrating compliance with the city of Edgewood surface water requirements.

14. If applicable, the applicant shall include documentation as to how the proposed facility meets the specific requirements of the city of Edgewood design guidelines.

K. Approved permits issued by the city for PWSFs shall be restricted by the following permit limitations:

1. A permit for a PWSF shall expire five years after the effective date of the permit approval. A permittee wishing to continue the use of a specific PWSF at the end of the five-year period must apply for an application to continue that use at least six months prior to its expiration. The renewal application will be under an administrative use permit; provided, that no changes, modifications or additions to the PWSF are proposed or that no new facilities were developed since the date of the original or renewal permit. Renewal applications that involve any changes, modifications or additions must obtain a conditional use permit and must conform to the development standards in place at the time the renewal application is deemed to be complete.

2. An approved permit shall be valid for one year from the date of the city's approval, with opportunity for a six-month extension. If not used within one year, or within the extension period, the permit shall become null and void.

L. Assignment/Sublease. No facility, site or permit may be sold, transferred, assigned or sublet without written notification of and approval by the city. This notification shall include a statement acknowledging and accepting the terms and conditions of all permits issued for the site and/or facility, and:

1. Documentation that the site/facility is currently in full compliance with its permits and applicable city ordinances.

2. A statement assuring ongoing compliance with all permits and applicable city codes.

M. It is the policy of the city of Edgewood that applicants pay the full cost associated with processing an application.

1. The city manager shall establish fees for all PWSF applications based on the adopted fee schedule for the required type of application.

2. In addition to the application fee, the applicant shall reimburse the city for costs of professional engineers and other consultants hired by the city to review and inspect the applicant's proposal when the city is unable to do so with existing in-house staff. These professional services may include but are not limited to: engineering, technical reviews, legal, planning, hearing examiner, environmental review, critical areas review, financial, accounting, soils, mechanical and structural engineering. In the event that a project requires special staff analysis beyond that which is included in the base fee, the applicant shall reimburse the city at the adopted fee schedule staff rate for the staff conducting the review. The city may require the applicant to deposit an amount with the city to cover anticipated costs of retaining professional consultants or performing special staff analysis.

N. Appeals are based on the application process type pursuant to EMC 18.40.070, Process types, Table 1. (Ord. 04-228 § 1; Ord. 03-203 § 1).