Chapter 17.72
GENERAL REGULATIONS

Sections:

17.72.005    Purpose.

17.72.010    Off-street parking.

17.72.020    Use of land or buildings.

17.72.030    Recreational vehicles.

17.72.035    Building height measurement.

17.72.040    Structures generally.

17.72.045    Lot size averaging.

17.72.050    Landscaping – Purpose and intent.

17.72.060    General landscaping.

17.72.070    Parking lot landscapes.

17.72.080    Screening requirements.

17.72.090    Existing site vegetation.

17.72.100    Maintenance.

17.72.110    Performance assurance/bonding.

17.72.120    Minor modification of landscaping requirements – Technical review committee.

17.72.130    Payment in lieu of landscaping.

17.72.140    Landscaping for additions to existing buildings.

17.72.150    Storage and display standards.

17.72.160    Fences.

17.72.170    Garbage containers – Placement and screening.

17.72.180    Adult entertainment facilities.

17.72.185    Bus passenger amenities.

17.72.190    Accessory dwelling units.

17.72.200    Farm animals, livestock, and poultry.

17.72.210    Lot frontage.

17.72.220    Storage facilities associated with residential development.

17.72.230    On-site recreation – Space required.

17.72.240    Pedestrian and/or bicycle trail access.

17.72.250    Preservation of public and private open space.

17.72.255    Electric vehicle infrastructure.

17.72.260    Required use of public sanitary sewer system.

17.72.270    Cryptocurrency mining.

17.72.005 Purpose.

The purpose of the general regulations chapter is to provide a concise reference to requirements that are common to many different zoning districts, thereby providing a more efficient utilization of this title. (Ord. 07-05 § 7, 2007)

17.72.010 Off-street parking.

A. Purpose. The purpose of this section is to provide for safe, efficient and well-designed off-street parking in adequate numbers for the different land uses described in this title by providing standards and design requirements.

B. Applicability. Off-street parking and loading spaces shall be provided as hereby established.

1. The provisions of this section shall apply to all zoning districts and land uses within the city of East Wenatchee, except within the downtown business area as shown on the map figure in subsection (I) of this section.

2. Off-street parking as required by this section shall be provided when:

a. Any new structure or building is constructed;

b. Any structure or building is relocated or moved onto the property;

c. Change in use, alteration or enlargement of a site or structure. Whenever a building or a piece of land is put to a use different from the immediately preceding use, or when a building or land use is remodeled, reconstructed or expanded, adequate off-street parking shall be provided consistent with the new use, reconstruction or expansion of the premises.

C. General Requirements.

1. No application for a development permit shall be deemed complete until plans complying with the requirements for off-street parking and loading areas have been submitted in accordance with this section.

2. Every lot or parcel of land or portion thereof used as a public or private parking area shall be developed and maintained in accordance with this section.

3. Off-street parking shall be provided in the number prescribed in subsection (G) of this section together with passageways sufficient for its reasonable use, including but not limited to pedestrian use and traffic circulation, as provided in the dimensional standards shown on diagrams in subsection (H) of this section.

4. Off-street parking and loading facilities shall be completed and in compliance with this section at the time of initial occupancy of a site or structure.

5. Off-street parking spaces and driveways shall not be used at any time for purposes other than their intended use, i.e., the temporary storage of motor vehicles used by persons visiting or having business to conduct on the premises for which the parking is provided; provided, however, the site plan review committee may approve other uses it deems reasonable that will not adversely impact parking requirements for the primary use of the property.

6. Off-street parking spaces required and intended for use by occupants or users of specific premises shall not be leased or rented to others, nor shall such space be made unavailable through other means to the users for whom the parking spaces are intended. This, however, does not preclude shared parking arrangements or combined parking approved by the city community development director or other activities approved by the site plan review committee.

7. Site Plan. A site plan shall be submitted with the development application and approved by the review authority prior to the issuance of a building or land use permit. The site plan shall include the following:

a. The parking area location, size, shape, and design of the parking spaces; and

b. The location and dimensional details of curb cuts, intersecting roads or streets, lighting, drainage, landscaping, irrigation, circulation within the parking lot, and other features for the proposed parking lot development.

8. All required parking spaces shall remain open and accessible for parking during the hours the use is open to the public or residents.

9. In the case of mixed uses, the requirements for off-street parking shall be the sum of those required for the multiple uses computed separately as specified in subsection (G) of this section. Off-street parking provided for one use shall not be considered as providing required parking for any other use, except as expressly provided for in this section.

10. Parking facilities shall be developed in accordance with the landscaping standards in EWMC 15.48.080, 17.72.060, 17.72.070, 17.72.080, 17.72.090, and 17.72.100, as now exist or may hereafter be amended. Notwithstanding any other contrary provisions contained in this section, landscaping or fencing shall not exceed a height of three feet for a distance of 25 feet from street intersections and for a distance of 15 feet on either side of vehicle access points to public or private streets. All trees planted in the area delineated above shall have a canopy that starts at least five feet above finished grade at the time of planting as measured using the standards established by the American Standard for Nursery Stock published by the American Association of Nurserymen, currently Publication No. ANSI Z60.1-1990, as revised and amended from time to time.

11. Stall Overhang. Parking areas may be designed so that the car bumper overhangs the curb into landscape areas provided upon the same property as the parking area. If such overhang area is provided, the stall length may be reduced by a maximum of one and one-half feet.

12. Driveway and ramp slope, width and location shall be provided in accordance with the standards and requirements established by the code compliance officer and city street superintendent. Except for single-family and duplex dwellings on individual lots, groups of more than two parking spaces shall be so located and served by a driveway that their use will require no backing movements or maneuvering within a street or right-of-way other than an alley.

13. Garbage Receptacles/Snow Storage. The design of off-street parking facilities should consider the access and placement of garbage receptacles and provisions for storage and removal of snow.

14. Compact Cars. Parking facilities for nonresidential uses may have up to 25 percent of the stalls reduced in size to accommodate compact cars, provided:

a. Compact car spaces shall be located so as not to be significantly more convenient to use than the standard size spaces;

b. Each compact car space or grouping of spaces shall be conspicuously identified as being suited for compact cars only by marking each space with the words “COMPACT” in capital letters a minimum of eight inches in height.

15. Unspecified Uses. In the case of a use not specifically listed in subsection (G) of this section, the requirements for off-street parking facilities shall be determined by the community development director. The community development director may consider, but is not limited to, the following in establishing parking requirements for an unspecified use. Such determination shall be classified as a Type IIA action as set forth in EWMC 19.01.030.

a. Any use similar to any of the uses in subsection (G) of this section; or

b. Documentation submitted by the applicant regarding actual parking demand for the proposed use; or

c. Evidence in available planning and technical studies relating to the proposed use; or

d. Required parking for the proposed use as determined by other comparable jurisdictions.

16. Fractions. When the number of required parking spaces for a particular use or building results in a fractional space, any fraction less than 0.5 shall be disregarded and any fraction of 0.5 or greater shall be counted as one space. When calculating parking reduction incentives in subsection (F) of this section, reductions shall be calculated only in whole numbers.

17. All parking spaces shall be clearly designated with paint, raised rails or other devices. A wheel stop shall be provided for each space that abuts a pedestrian walkway or any structure. All structures shall be guarded with suitable control devices visible to the driver.

18. Lighting. Any lighting used to illuminate the off-street parking areas shall be so arranged that it will not project light rays directly upon any adjoining property in a residential district.

19. All parking facilities shall be maintained in a clean and litter-free condition.

20. Handicapped spaces shall be provided and designed in accordance with Chapter 51-40 WAC, as the same now exists or may hereafter be amended.

21. Loading areas for child day care centers, and preschools, shall be designed and located so vehicles using those spaces do not project into any public right-of-way.

22. Any off-street parking area for 10 or more cars shall meet the following additional requirements:

a. For commercial or industrial uses the location and design of all access or egress points shall be no closer than 15 feet to any lot used for single-family residential purposes;

b. The location and design of all points of ingress and egress to parking areas shall be subject to the review and approval of the city street superintendent;

c. The parking facility and its access ways shall be developed with a durable, dustless surface of asphalt or concrete;

d. All surface runoff shall be retained and disposed of on-site, or disposed of in a system designed for such runoff and which does not flood or damage adjacent properties. Systems designed for runoff retention and control shall be designed and constructed as approved by the city street superintendent pursuant to Chapter 16.20 EWMC, Design Standards, as the same now exists or may hereafter be amended.

23. Off-Street Loading. All commercial and industrial uses which have a gross floor area of 5,000 square feet or more shall provide off-street loading/unloading spaces outside of the required front yard setback, in accordance with the following table:

Gross Square Footage

Spaces Required

5,000 – 30,000

1

30,000 – 100,000

2

100,000 and over

3

a. Loading Space Size. The required space shall be of adequate size to accommodate the maximum number and size of vehicles simultaneously loading or unloading at the structure. Each off-street loading space shall have a minimum of 12 feet in width and 45 feet in length and not less than 14 feet of unobstructed vertical clearance.

b. Loading Space Location. The required loading and related maneuvering space shall be located on or abutting the property served and shall not include any designated off-street parking areas. Loading spaces shall be located so that trucks do not obstruct pedestrian or vehicle traffic movement and no part of any vehicle using the loading space shall project into the right-of-way of any public or private road. All loading space areas shall be clearly designated as a “truck loading area.”

c. Any loading space located within 100 feet of areas zoned for residential use shall be designed and operated as necessary to reduce noise and visual impacts. Noise and visual mitigation measures may include a combination of architectural or structural barriers, landscaping, berms and/or restrictions on the hours of operation as approved by the community development director.

D. Shared Parking Standards. Shared parking may be permitted when the following standards and criteria can be met:

1. When two or more land uses, or uses within a building, have distinctly different hours of operation (e.g., office and church), such uses may develop shared parking agreements to satisfy the standards of this section.

2. Only 60 percent of the required parking of any single land use may qualify for shared parking; in other words, 40 percent of any required parking of any single land use must be met on-site while the remainder can be met through shared parking agreements.

3. Required parking shall be based on the land use that demands the greatest amount of parking.

4. Location. The shared parking facility must be located within a 700-foot radius of the other use being served as measured from a property line of the lot upon which the other use is located to the nearest property line of the off-site shared parking facility.

5. The following minimum safety requirements must be met:

a. Paved sidewalks or paved pedestrian paths (including alleys if the same exist) connect the shared parking facility and the land use using such shared parking facility; and

b. There is adequate lighting on the sidewalk or pedestrian path and parking lot to provide safe walking to the off-site facility as determined by the community development director.

6. Agreement. An agreement, lease, deed, contract or easement establishing shared use of a parking area shall be submitted to the community development director for review and approval prior to execution and shall be in a form capable of recording with the Douglas County auditor’s office. The city shall be notified of any termination or change in the use of the individual property subject to the shared parking standards.

7. Termination of Shared Parking Agreements.

a. In the event that a shared parking agreement is to be terminated, those businesses or other uses with less than the required parking shall notify the community development director 60 days prior to the termination and take one of the following actions:

i. Provide at least 50 percent of the required parking within 90 days, and provide the remaining parking within one calendar year following the termination of the shared use; or

ii. Apply for a zoning variance pursuant to Chapter 17.88 EWMC, as the same now exists or may hereafter be amended.

b. If sufficient parking is not provided, the use, or that portion of the use out of compliance, shall be terminated within one calendar year following the termination of the shared use agreement. This requirement shall be established as a condition of the occupancy permit for uses relying on shared parking.

E. Combined Parking Standards. Combined parking may be permitted when the following standards and criteria can be met:

1. When two or more land uses on separate properties or ownerships have cooperatively established or operate a common parking facility, such uses may develop combined parking agreements to satisfy the standards of this section.

2. Only 60 percent of the required parking of any single land use may qualify for combined parking; in other words, 40 percent of any required parking of any single land use must be met on-site while the remainder can be met through combined parking agreements.

3. Required parking shall be based on the combined total of the required parking for the separate land uses.

4. Location. The combined parking facility is located within a 300-foot radius of the off-site use being served as measured from the property line of the lot upon which the other use is located to the nearest property line of the off-site shared parking facility.

5. The following minimum safety requirements must be met:

a. Paved sidewalks or paved pedestrian paths (including paved alleys, if the same exist) connect the combined parking facility and the land use using such combined parking facility; and

b. There is adequate lighting on the sidewalk or pedestrian path and parking lot to provide safe walking to the off-site facility as determined by the community development director.

6. Agreement. An agreement, lease, deed, contract or easement establishing combined use of a parking area shall be submitted to the community development director for review and approval prior to execution and shall be in a form capable of recording with the Douglas County auditor’s office. The city shall be notified of any termination or change in the use of the individual property subject to the combined parking standards.

7. Termination of Combined Parking Agreements.

a. In the event that a combined parking agreement is to be terminated, those businesses or other uses with less than the required parking shall notify the community development director 60 days prior to the termination and take one of the following actions:

i. Provide at least 50 percent of the required parking within 90 days, and provide the remaining parking within one calendar year following the termination of the combined use agreement; or

ii. Apply for a zoning variance pursuant to Chapter 17.88 EWMC as now exists or as may hereafter be amended.

b. If sufficient parking is not provided, the use, or that portion of the use out of compliance, shall be terminated within one calendar year following the termination of the combined parking agreement. This requirement shall be established as a condition of the occupancy permit for uses relying on combined parking.

F. Parking Reduction Incentives. A 15 percent reduction of the required parking set forth in subsection (G) of this section will be granted when a development meets all of the following requirements:

1. The project must be within a 700-foot radius of a public bus shelter or transfer station as measured from the nearest property line of the lot upon which the use is located to the bus shelter or transfer station. If a bus shelter is not within 700 feet, one can be provided by the applicant when it would be located and installed at a site approved by the local transit authority, LINK.

2. A commute trip reduction plan is developed by the applicant and approved by the community development director which demonstrates meaningful ways, such as carpooling, vanpools, transit enhancements, informational displays, or bicycle commuting, to reduce reliance on automobiles.

3. The proposed use is not auto-dependent, such as a drive-in restaurant.

4. The following minimum safety requirements are met:

a. There are paved sidewalks or paved pedestrian paths, including paved alleys, between the transit facility and the land use using such transit facility; and

b. There is adequate lighting on the sidewalk or pedestrian path and parking lot to provide safe walking to the off-site facility as determined by the community development director.

G. Off-Street Parking Requirements – Specified Uses. The following requirements shall be met in all zones, except as provided for in subsection (B)(1) of this section. These parking requirements are referenced to spaces per square foot and are to be computed on the basis of gross floor area unless otherwise specified in this table.

LAND USE

STANDARDS

RESIDENTIAL LAND USES:

Accessory dwelling unit

1 space/unit

Bed and breakfast

1 space/bedroom

Boarding or lodging home or room

1 space/bedroom

Duplexes

2 spaces/dwelling unit

Institutional: welfare or correctional institution, sanitarium, nursing home, assisted living facility, retirement home, rest home or convalescent center, congregate care facility

1 space/5 beds or 1 space/5 dwelling units, whichever is less

Multifamily

One-bedroom units: 1 space/dwelling unit;

Two or more bedroom units: 2 spaces/dwelling unit;

Plus .5 spaces/dwelling unit for guest parking

Student or group housing

1 space/bedroom

Single-family and manufactured home parks

2 spaces/dwelling unit

COMMERCIAL LAND USES:

Medical Facilities

Hospitals

1 space/4 beds

Medical, psychiatric, veterinary, or dental clinic or office

4 spaces/1,000 s.f. of GFA

Public Assembly

Indoor places of public assembly such as mortuaries, funeral home, religious facilities, or other auditorium style meeting rooms

1 space/4 seats or 8 feet of bench length

Outdoor places of public assembly including parks, playgrounds and other similar land uses

1 space/8 seats or 1 space/100 s.f. of assembly area, whichever is greater

Municipal buildings

5 spaces/1,000 s.f. of GFA

Libraries, reading room, museum, art gallery

2 spaces/1,000 s.f. of GFA

Neighborhood centers

As determined by the board of adjustment based upon the demand for the specified use

Child day care, family day care, preschool, nursery

1 space/employee plus 1 space/10 children served as a loading area

Public and private schools

(1)    Elementary and middle school: 2 spaces/classroom and 1 space/employee plus 1 space/12 ft. of bench length in the auditorium or assembly area

(2)    High school, vocational and college: 1 space/ employee plus 1 space/6 students (FTE), plus 1 space/12 ft. of bench length in the main auditorium or assembly area

General Commercial

Outdoor commercial amusement (except golf courses and drive-in theaters)

3 spaces/1,000 s.f. of ground area

Archery, gun, tennis, swimming or similar athletic clubs, gymnastics facility, exercise facility

(1)    5 spaces/1,000 s.f. of GFA, excluding tennis or racquetball courts

(2)    2 spaces/tennis or racquetball court

Bowling alley

4 spaces/lane

Commercial amusement, stadium, arena, horse race track, speedways, grandstands, theaters

1 space/4 seats or 8 feet of bench

Golf course or golf driving range

3 spaces/hole or tee plus 1 space/300 s.f. of club house facilities

Studios for group instruction

1 space/100 s.f. of GFA used for the facility

Mini storage

1 space/10 units

Roller skating or ice skating rink, swimming pools

4 spaces/1,000 s.f. of activity surface

Retail/Hotel/Restaurants

Drive-through restaurants (no indoor seating)

Retail-food standards plus sufficient off-street loading for 6 vehicles. Vehicle loading area counts towards required parking spaces

Hotels, motels

1 space/guest room or unit

Car wash

1 space/wash stall plus sufficient off-street loading area for 2 cars per wash stall

Vehicle repair service

2 spaces per repair bay plus additional off-street parking for vehicle storage

Gasoline or fuel stations

3 spaces plus 1 space/300 s.f. of associated retail sales area

Restaurants, taverns, cocktail lounges, night clubs, pool halls, card rooms, adult entertainment facilities

10 spaces/1,000 s.f. of GFA

Retail food or merchandise, personal or professional services, offices, banks, radio and television stations and studios, self-service laundries, liquor stores

(1)    Up to 2,000 s.f. of GFA: 4 spaces/1,000 s.f. of GFA

(2)    2,001 – 7,500 s.f. of GFA: 3.5 spaces/1,000 s.f. of GFA

(3)    7,501 – 40,000 s.f. of GFA: 2.85 spaces/ 1,000 s.f. of GFA

(4)    40,001+ s.f. of GFA: 2.5 spaces/1,000 s.f. of GFA

Nursery or greenhouse

1 space for each 400 s.f. of interior sales area plus 1 space/each 1,000 s.f. of outdoor sales area

Retail stores exclusively handling bulky merchandise such as furniture, machinery, farm or agricultural equipment, lumber, construction materials, fuels, livestock feeds or heavy equipment, contractor yards, bus and truck terminals and wholesale bakeries

1.5 spaces/1,000 s.f. of GFA

Automobiles, trucks, boats and recreational vehicles sales or leasing, new or used

1 space per 5,000 s.f. of outdoor sales area plus 1.5 spaces/1,000 s.f. of GFA for interior showroom and service facilities

INDUSTRIAL LAND USES:

Auto wrecking yards

15 spaces up to 10 acres; 25 spaces over 10 acres

Recycling center

1 space/2,000 s.f. of GFA

Mini-storage warehouse

1 space/20 storage units plus 1 space per 300 s.f. of GFA of office space

CA storage, warehouse, refrigeration, storage warehouse

1 space/5,000 s.f. of GFA plus 1 space/2 employees based upon the annual average of the largest shift

Wholesale trade, manufacturing, processing, packing, or storage

1 space/1,000 s.f. of GFA plus 1 space/2 employees based upon the annual average of the largest shift

H. Off-Street Parking Dimensional Standards. Off-street parking spaces and aisles shall be designed and constructed in compliance with the dimensional standards established in the diagrams below.

I. Downtown Business Area Figure.

(Ord. 16-12 § 5, 2017; Ord. 16-06 § 6 (Exh. B), 2016; Ord. 02-18 § 10, 2002; Ord. 91-5 § 2, 1991)

17.72.020 Use of land or buildings.

Except as herein provided:

A. No building or structure shall be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land, building, structure, open space or premises be used, designed or intended to be used for any purpose or in any manner other than a use listed in this title as permitted in the use district in which the land, building, structure or premises is located.

B. No building or structure shall be erected nor shall any existing building or structure be moved, reconstructed or structurally altered to exceed in height the limit established by this title.

C. No yard or other open spaces provided about any building or structure for the purpose of complying with the regulations of this title or amendments thereto shall be considered as providing a yard or open space for any other building or structure.

D. In the residential districts for lots which were lots of record prior to the passage of the ordinance codified in this title and which contain less than the required width and/or less than the required minimum lot area, but contain an area of not less than 5,000 square feet and a minimum width at building line of not less than 40 feet, a building permit may be issued by the administrator of this title without a hearing before the hearing examiner; provided, that the structure built on any such nonconforming lot of record shall meet all of the remaining dimensional standards required in the district in which the structure is located. (Ord. 16-12 § 6, 2017; Ord. 07-05 § 7, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991)

17.72.030 Recreational vehicles.

No recreational vehicle shall be used as a place of habitation when located outside of an approved recreational vehicle park or planned development having specific authorization for such use. (Ord. 07-05 § 7, 2007; Ord. 91-5 § 2, 1991)

17.72.035 Building height measurement.

A. Building Height. Any building or structure or portion thereof hereafter erected in any use district shall not exceed the maximum height specified in the district, except as provided in subsections C, D, and E of this section, the provisions of EWMC 17.64.170, or as enumerated elsewhere in this title.

B. The building or structure height is the vertical distance above the reference datum from the highest point of the structure except as provided in subsection F of this section. The reference datum shall be selected by either of the following, whichever yields a greater height of building:

1. Commercial Zoning Districts. The reference datum shall be measured from the average grade level of the building perimeter, except as provided below and as enumerated in subsections D and E of this section:

a. The reference datum for buildings, structures or multi-building complexes located not more than 10 feet below the established sidewalk and/or road right-of-way shall be measured from the reference datum of the highest adjoining sidewalk or public road right-of-way to a maximum of 10 feet; or

b. The reference datum for buildings, structures or multi-building complexes located more than 10 feet below the highest grade of an adjoining sidewalk or road right-of-way shall be measured from the average distance between the highest grade of the adjoining sidewalk or public road right-of-way and the finished grade of the building perimeter to a maximum of 20 feet.

c. The height of a stepped or terraced building is the maximum height of any segment of the building.

2. Residential Zoning Districts. The reference datum shall be measured from the average grade level of the building perimeter, except as provided in subsections D and E of this section for multifamily and office buildings in the R-H district.

3. “Average grade level” means the average of the natural or existing topography of the lot, parcel, or tract of real property which will be directly under the proposed building or structure. Calculation of the average grade level shall be made by averaging the ground elevations at the midpoint of all exterior walls of the proposed building or structure.

4. “Natural or existing topography” means the topography of the lot, parcel, or tract of real property in its natural state immediately prior to any site preparation or grading, including excavation or filling.

C. Within the R-M, R-H, CBD and G-C districts any building or structure proposed to be located closer than 30 feet from a residential structure in a R-L district shall not exceed a height greater than the average height of adjoining residential structures. Buildings or structures may be modulated to create a daylight plane when adjoining a residential district, provided the buildings or structures do not intercept a 1:1 or 45-degree daylight plane incline inward from a height of six feet above the existing grade at the district boundary line.

D. General Aviation. Buildings, structures or objects proposed to be located within one mile of a general aviation airport shall be reviewed to ensure they do not penetrate any of the airspace surfaces on or near a general aviation airport. The review authority shall deny any building, structure or object that is determined to penetrate or otherwise obstruct airspace surfaces. Special attention shall be given to the following areas:

1. Approach Surface. Land lying beneath the approach surface which extends outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the runway end; and

2. Transitional Surface. The transitional surface begins at the runway end and on either side of the runway surface and slopes upward and outward at a 7:1 slope meeting the horizontal surface at 150 feet above the elevation of the airport.

E. Shoreline Master Program. The height of any buildings, structures or objects proposed to be located within the jurisdiction of the shoreline master program shall be subject to the height restrictions as prescribed by the applicable shoreline regulations.

F. The following types of structures or structural components are not subject to the building height limitation of this title except the limitations on height as outlined in subsections C, D, and E of this section:

1. Aerials, belfries, chimneys, church spires, fire and hose towers, flagpoles, monuments, radio or television antennas, communication towers and associated antennas, water towers, porticos, parapet walls, elevator shafts, and mechanical systems; and

2. Other similar projections or architectural features that have no space able to be occupied and do not directly or indirectly affect the use or occupancy of the primary structure; and

3. Cupolas and domes that do not project higher than 20 percent of the average height of the principal structure. (Ord. 08-09 § 3 Exh. A-1(9), 2008)

17.72.040 Structures generally.

A. No accessory building shall be used as a place of habitation, unless expressly permitted otherwise by this title and city building, life and safety codes.

B. Accessory structures may be built within a rear yard; provided, that the maximum lot coverage is not exceeded and that no structure or combination of structures cover more than 50 percent of the area of the rear yard.

C. No accessory structure shall occupy any part of a required front yard area.

D. Accessory structures may observe a three-foot setback in the side and rear yard areas; provided, that no combination of structures extend more than 50 percent of the horizontal distance of the rear or side property line. Accessory buildings may observe a zero setback where a rear or side property line is adjacent to an alley. In all other circumstances, accessory buildings shall observe a five-foot setback in rear and side yard areas. No roof eave or any other part of the structure may project or overhang across any property line and said structure shall be constructed with a roof that directs stormwater runoff away from any neighboring properties.

E. All gasoline station pump islands shall be set back at least 15 feet from all property lines.

F. If a lot in a residential district not facing on a substandard street or half-street is adjoined on both sides by lots on which structures are set back less than the required front yard setback, a new structure on the heretofore vacant center lot may set back a distance equal to the average setback of the two adjoining properties but in no case shall the garage setback be less than 20 feet. All lots used for this average setback provision must be located within the same zoning district.

G. Cul-de-Sacs or Irregular Lots. No building or structure shall be erected where the front building setback line measures less than 60 feet wide, except when located in a manufactured home park or if specifically approved as a part of a planned development.

H. Boundary Streets or Substandard Streets. For structures constructed on boundary streets where only one-half of the street has been dedicated or streets with substandard right-of-way based upon the street classification, the front yard setback distance shall include the required front yard setback for the specific zoning district plus the required distance from the required right-of-way centerline.

For example: A structure in the R-L district on a local access street where the required right-of-way distance from centerline is 25 feet, the setback would be 15 feet for the primary dwelling and 20 feet for the garage plus 25 feet for a total of 40 feet for the primary dwelling and 45 feet for the garage.

I. Cornices, eaves, gutters, sunshades and other similar architectural features may project not more than two feet into required yard areas. Chimneys, staircases and steps are considered a part of a structure or a building and are not permitted to project into a required yard area. Except that steps or staircases with a total height of less than 42 inches may project into the required front or rear yard area. No projection of any kind is permitted to project into any easement (public or private). Terraces at grade level covering not over 10 percent of the ground area may be allowed within required yard areas.

J. Reduction of Front Yard Setback Requirements in Consideration of Slope. To ensure safe ingress/egress to the property, the process provided below is subject to the approval of the city engineer:

1. Front yard requirements may be reduced under the following conditions:

a. The front yard may be reduced by five feet, when the natural slope of the front 50 feet of the lot equals or exceeds one foot of fall/rise in seven feet of distance from the property line (i.e., slope of 14 percent or greater).

b. The front yard may be reduced by 10 feet, when the natural slope of the front 50 feet of the lot equals or exceeds one foot of fall/rise in four feet of distance from the front property line (i.e., slope of 25 percent or greater).

2. To avoid backing of vehicles directly onto the street, all driveways and entrances to garages and carports shall be parallel or nearly parallel to the street or configured in such a manner that provides a turnaround area or sufficient unobscured parking area to allow vehicles to be completely outside the structure before entering the street.

3. The natural grade of the slope shall be maintained as much as possible.

4. The impact on sight distance along the adjoining street shall be considered when reviewing and approving the use of this setback reduction process. (Ord. 16-12 § 7, 2017; Ord. 07-05 § 7, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991)

17.72.045 Lot size averaging.

A. A subdivision or short subdivision will meet the minimum lot area of the zone in which it is located if the area in lots plus critical areas and their buffers and areas designated as open space or recreational uses, if any, divided by the total number of lots equals or exceeds the minimum lot area of the zone in which the property is located. In no case shall the density achieved be greater than the gross site area density permitted within the underlying zoning district.

B. This section shall only apply within residential zoning districts.

C. Each single lot shall be at least 3,000 square feet in area.

D. Lots in subdivisions and short subdivisions created under the provisions of this section shall have a maximum lot coverage of 55 percent.

E. Lots with less than the prescribed minimum lot area for the zone in which they are located shall have a minimum lot width of at least 40 feet, and front yard setbacks of 15 feet except that garages must be set back 18 feet from the right-of-way (with the exception of alleys) and corner lots may reduce one front yard setback to no less than 15 feet.

F. Preliminary subdivisions approved utilizing lot averaging shall not be recorded by divisions unless such divisions individually or together as cumulative, contiguous parcels, satisfy the requirements of this section.

G. Roadways and surface detention/retention facilities shall not count toward the calculations for lot size averaging unless the detention/retention facility is either (1) designed and constructed so as to appear as a natural wetland system, or (2) designed and constructed in a manner that provides active or passive recreational benefits in a natural or manicured landscaped setting. (Ord. 16-12 § 8, 2017; Ord. 07-05 § 7, 2007)

17.72.050 Landscaping – Purpose and intent.

Landscaping is necessary to provide a well-balanced, aesthetically pleasing environment for the residents of the city. Specifically, these requirements are intended to accomplish the following:

A. Maintain and enhance property values;

B. Enhance the appearance of the development;

C. Provide adequate buffers between differing land uses;

D. Improve the character and appearance of the city;

E. Reduce erosion and stormwater runoff. (Ord. 07-05 § 7, 2007; Ord. 91-5 § 2, 1991)

17.72.060 General landscaping.

The following general standards will be required in all districts where landscaping is mandatory:

A. Landscaped areas shall include use of evergreen or deciduous trees and shrubs, perennial or annual flowers, gravel, river rock, driftwood, bark, rockeries, lawn, ornamental or decorative walkways (provided both sides abut landscaping), or a combination of such materials.

B. A plot plan drawn to scale shall be submitted to the community development department showing the size of the property; location of buildings, driveways, loading docks, aboveground utilities, and outside storage areas; size and type of plantings; and the location and square footage of all landscaping areas.

C. No artificial lawn or shrubbery will be permitted in landscaped areas.

D. Within all commercial and industrial zoning districts, planting areas along street frontages are mandatory except for driveways and pedestrian walks within the property. Trees shall be placed at an average of 30 feet apart in such planting areas, with groundcover or shrubs used liberally. Trees utilized in these planting areas need to be compact to minimize conflict with underground and overhead utilities.

E. Where landscaping areas are required along street frontages, no shrubs shall be higher than 36 inches and no tree shall have branches or foliage below five feet or placed within 20 feet of the corner of a driveway, alley, or street intersection.

F. Landscaping in the vicinity of any fire hydrant, fire department sprinkler connection or standpipe connection should not prevent such equipment from being immediately discernible nor in any other manner deter or hinder the fire department from gaining immediate access to said equipment. The following shall act as a guideline for the landscaping around said equipment, with final approval from the chief of Douglas County fire district No. 2.

1. Fire Hydrants.

a. Fire hydrants shall be free from obstruction on all sides by a minimum clearance of three feet.

b. Fire hydrants along streets, driveways, parking lots, fire access routes (fire lanes), or at intersections shall be visible for at least 100 feet in all directions along such streets, driveways, access routes, or intersections. No plants, shrubs, or trees with a height of over 18 inches shall be allowed in this site visibility area.

2. Sprinkler and Standpipe Connections.

a. Fire department connections for sprinklers and standpipes shall be free from obstructions on all sides by a minimum clearance of three feet.

b. When a fire department connection is over 25 feet from a street, driveway, parking lot or fire access route, there shall be maintained a clear path with minimum width of three feet between the fire department connection and the street, driveway, parking lot or fire access route.

G. Landscaping shall be installed in conformance with the following requirements. The percentage of each site to be landscaped is to be regarded as a minimum. In the event that more landscaping is required to meet applicable city ordinances or state laws, the higher amount of required landscaping shall be installed.

 

Zoning Classification

Percent of Minimum Gross Site Area to Be Landscaped

R-L, R-M

20%

R-H

15%

NC, G-C, CBD, C-L, WMU, MU

7%

FH, Planned Unit Development

To be determined by the planning commission

H. Use of Right-of-Way. In addition to the required planting strips, landscaping of excess (unused) street right-of-way is encouraged. Maintenance of landscaping in the right-of-way shall be the responsibility of the owner of the property adjacent to the right-of-way and must comply with EWMC 15.48.080, as amended; provided, however, that nothing in this section shall create or imply any interest of the landscaper and/or property owner in the excess right-of-way, any landscaping shall be removed by the landscaper and/or property owner at their sole expense upon the request of the city, or if not so removed may be destroyed by the city.

I. Irrigation. Adequate and appropriate irrigation or sprinkling systems for watering landscaped areas shall be provided.

J. Installation of landscaping materials shall take into consideration access to utility vaults, pedestals, and other public and private utility facilities. (Ord. 15-09 § 7, 2015; Ord. 07-05 § 7, 2007; Ord. 91-5 § 2, 1991)

17.72.070 Parking lot landscapes.

The purpose of parking lot landscape development is to soften the visual effect created by large expanses of barren asphalt. It shall meet the following criteria:

A. Required Area. Planting areas shall constitute at least four percent of the parking area in the commercial and industrial zoning districts. In all other developments except for single-family districts, 10 percent of the parking area shall be landscaped. Such amounts of landscaping may be included in the overall amount of landscaping required.

B. Minimum Width. Planting areas shall have a minimum average width of five feet.

C. Location of Plantings. All planting areas should be located between parking stalls or the end of parking columns.

D. Tree Requirements. A minimum of one tree shall be required for each 150 square feet, or fraction thereof, of required landscape areas. Deciduous trees shall have a clear trunk of at least five feet above the ground, and the remaining area shall be landscaped with shrubs and/or groundcover.

E. Any trees, shrubs, or plants which are susceptible to damage or injury by pedestrian or motor traffic shall be protected by appropriate curbs, tree guards or other protective devices. (Ord. 07-05 § 7, 2007; Ord. 91-5 § 2, 1991)

17.72.080 Screening requirements.

In order to reduce the incompatible characteristics of abutting properties with different land use classifications, the following standards shall apply. This type of landscaping will be installed in planting strips on the interior property line according to the other requirements of this chapter, and the amount of landscaping shall not be counted towards meeting the minimum stated in EWMC 17.72.060.

A. Type I screening is intended to create a visual separation between incompatible uses. Type I requirements are as follows: landscaping shall be made up of evergreen trees planted at a maximum of 15 feet on center. Deciduous trees are also encouraged to add seasonal and textural variation. Up to 25 percent of required evergreen trees may be deciduous trees. Medium-sized shrubs (three to five feet maturity height) and groundcover plants shall be added at a density to form an effective barrier to cover 85 percent of the ground surfacing and horizontal separation within three years. Type I landscaping shall incorporate the use of either earth-berming or a six-foot-high sight-screening fence. If the earth-berming alternative is chosen, medium-sized shrubs shall be spaced at a maximum of four and one-half feet on center. If the fence option is selected, maximum spacing shall be six feet on center. Minimum width shall not be less than 10 feet.

1. Type I screening is required when the following land use districts abut:

 

District in Which Development Is Proposed

District to Be

Screened

R-M, R-H

R-L

NC, G-C, CBD, C-L, WMU, MU

R-L, R-M

2. Mobile home parks shall have Type I landscaping installed around the perimeter of the development in the required open space buffer, which shall not be less than 15 feet in width.

3. Churches, community clubhouses and other conditional uses in the R-L district shall install Type I screening seven feet in width on any interior property line.

B. Type II landscaping is intended to provide a solid sight barrier to totally separate incompatible uses. Type II screening requirements are as follows: Landscaping shall consist of a double row of evergreen trees (with rows offset) planted at a minimum spacing of 15 feet triangulated on center, earth-berming at a minimum height of two and one-half feet, along with groundcover to provide 85 percent surface coverage within two years. As an alternative to earth-berming, a six-foot-high sight-screening fence may be incorporated into the landscaping. Minimum width of landscaping shall not be less than 12 feet.

1. Type II screening is required when the following land use districts abut:

District in Which Development Is Proposed

District to Be Screened

W-I

All residential zones, and all commercial zones

(Ord. 15-09 § 8, 2015; Ord. 12-20 § 8, 2012; Ord. 07-05 § 7, 2007; Ord. 91-5 § 2, 1991)

17.72.090 Existing site vegetation.

Applicants are encouraged to retain significant existing vegetation on the subject property. Significant existing vegetation shall denote deciduous and evergreen trees at least six inches in diameter at a point five feet above the ground or greater. (Ord. 07-05 § 7, 2007; Ord. 91-5 § 2, 1991)

17.72.100 Maintenance.

All landscaping and screening areas shall be maintained in a healthy, growing condition. Broken, dead or dying trees, shrubs or plants shall be replaced. All landscaping and screening areas shall be maintained reasonably free of weeds and trash. Any property owner who fails to reasonably maintain landscaping and screening areas will be considered to have committed a violation of this title. (Ord. 07-05 § 7, 2007; Ord. 91-5 § 2, 1991)

17.72.110 Performance assurance/bonding.

In the event that landscaping improvements cannot be installed prior to formal application for occupancy, a cash deposit or other assurance acceptable to the city equal to 120 percent of the estimated construction costs shall be required. Such deposit shall be accompanied by a letter from the applicant which shall stipulate that completion of all landscape development shall occur no later than six months after issuance of the certificate of occupancy and that if this stipulation is not met, the city may use the deposit to install the landscaping and refund any balance of the deposit to the applicant or its designee. (Ord. 07-05 § 7, 2007; Ord. 91-5 § 2, 1991)

17.72.120 Minor modification of landscaping requirements – Technical review committee.

A. The site plan technical review committee (TRC) established in Chapter 17.80 EWMC may allow minor modifications from the requirements of this chapter.

B. Purpose. The purpose of the TRC is to review development proposals where the full application of these landscaping regulations cannot be met and to consider minor modifications, substitutions and other methods deemed appropriate to meet the stated intent.

C. Procedures. The procedures as established in Chapter 17.80 EWMC shall be followed.

D. Powers of the Committee. The TRC, at its meeting, shall consider the merits of each request. The TRC may approve modifications or substitutions so long as the TRC shall observe the general intent of these regulations. For any proposal not involving a reduction in the minimum requirement for the area to be landscaped, the TRC may make the following decisions:

1. Approve the request as presented;

2. Approve the request with certain stipulated conditions;

3. Approve the request with minor modifications;

4. Request a revised plan;

5. Deny the request.

For any proposal involving a reduction in the minimum requirement for the area to be landscaped, the TRC may take action as set forth in EWMC 17.72.130.

E. Appeals. The action of the TRC will be final unless appealed. Notification of an appeal must be made within five working days by letter to the code compliance officer. The appeal will be heard at the next regularly scheduled meeting of the planning commission. (Ord. 07-05 § 7, 2007; Ord. 91-5 § 2, 1991)

17.72.130 Payment in lieu of landscaping.

In the event that a proposed project cannot meet the required square footage of landscaping, the proponent/owner/developer may petition the TRC, as set forth in EWMC 17.72.120, to reduce the requirement up to 25 percent. The TRC may take any action authorized by EWMC 17.72.120, and in the event the TRC approves the request in any form, the proponent/owner/developer will pay an “in lieu” fee based on the square footage reduced by the TRC. The TRC will set a fee schedule which will be approved by the planning commission and city council. All “in lieu” fees received will be assigned to a separate fund to be used for landscaping rights-of-way or other beautification projects designed to promote the purpose of this chapter. (Ord. 07-05 § 7, 2007; Ord. 91-5 § 2, 1991)

17.72.140 Landscaping for additions to existing buildings.

Whenever any addition to an existing building is proposed, the percentage of the expansion of the existing square footage under roof shall equal the percentage of the landscape square footage requirements of this chapter. (Ord. 07-05 § 7, 2007; Ord. 91-5 § 2, 1991)

17.72.150 Storage and display standards.

A. General. All permitted storage shall be located entirely within an enclosed building or shall be screened from view of the surrounding properties with a sight-obscuring fence and/or landscaping in accordance with the requirements of EWMC 17.72.080(A) for Type I landscaping, except as otherwise required by this title.

1. No storage of materials shall be located within any required front yard.

2. Storage of scrap lumber, metals, glass and other material sold or offered for sale is prohibited within residential classifications.

3. The placement and use of cargo containers, railroad cars, semi-truck trailers and other similar storage containers proposed as accessory storage or any other purpose shall be prohibited, except for the temporary use of such containers to secure materials, tools and equipment at a construction site during an active construction project that has received a building permit from the city. All such containers shall be removed from the site prior to final inspection and/or issuance of a certificate of occupancy for the project for which the building permit was issued. The placement of said containers related to an active, permitted construction project must comply with setbacks and applicable building and fire safety codes. The cargo container must be placed on level ground or a concrete pad that adequately supports all four corners of the container. No stacking of containers is permitted.

B. Display/Exhibits. The display of products or outdoor exhibits for public view or show is permitted; provided, that products for sale or rent are stored or displayed outdoors only during business hours and that such products are not located within any pedestrian walkways, parking areas or rights-of-way. Displays of automobiles, boats, farm equipment, and recreational vehicles intended for sale or lease are exempt from this provision, provided they are located within an approved display area. (Ord. 19-19 § 10, 2019; Ord. 08-09 § 3 Exh. A-1(10), 2008)

17.72.160 Fences.

Fences in all zoning districts shall meet the following requirements except as may be provided in a specific district:

A. Fence Heights. In any use zoning district, except as otherwise provided in that district or in Chapter 10.28 EWMC or in subsection B of this section, no fence shall exceed the following height standards:

1. Front yard: 48 inches maximum height as measured from the finished grade of the lot within 10 feet of the front lot line. On corner lots and when located within a sight distance triangle as defined in Chapter 10.28 EWMC, no fence or other physical obstruction shall be higher than 48 inches as measured from the established road grade.

2. Side yard: a maximum of 48 inches in height as measured from the established road grade within 10 feet of the front lot line, at which point it may be a maximum of six feet in height as measured from the finished grade of the lot.

3. Rear yard: six feet maximum height from the finished grade of the lot.

B. Double Frontage Lots within Residential Districts. Double frontage lots within a residential district and located on a collector or arterial road may construct a fence six feet in height on the front lot line adjacent to the arterial or collector. The fence height shall be measured from the established road grade. The following criteria shall be met:

1. Vehicular access is prohibited from the arterial or collector roadway for the affected lot;

2. If a gate is located for each affected lot that it be designed for pedestrian access only;

3. The fence complies with the minimum standards set forth in Chapter 10.28 EWMC for sight distance triangles; and

4. The fence shall be maintained and kept in good repair.

C. Fences Enclosing Special Public or Private Buildings. A fence enclosing public or private school grounds, playfields, municipal buildings, cemeteries, or utilities may be a maximum height of eight feet as measured from the established road grade provided the requirements of Chapter 10.28 EWMC for sight distance triangles is observed.

D. Fence posts and decorative features may exceed the maximum fence height by no more than 18 inches provided the features are spaced at least six feet apart. (Ord. 07-05 § 7, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991)

17.72.170 Garbage containers – Placement and screening.

A. Refuse and Garbage Storage – Container Placement. The following provisions apply to all commercial and other non-single-family residential premises, establishments and/or structures located in all zoning districts of the city:

1. Refuse including garbage and rubbish may only be stored for disposal or collection in authorized garbage cans, dumpsters, self-contained, liquid-tight, compacting solid waste containers and/or detachable containers. Plastic bags may not be used except as liners for garbage cans;

2. It shall be the duty of the owner or occupant as his agent, to establish and at all times maintain on the premises, a storage site for garbage cans, dumpsters, and self-contained, liquid-tight, compacting solid waste containers consistent with the provisions of this section. The city building department and code compliance officer shall not issue any building permits or certificate of occupancy to any commercial or other non-single-family residential structure or establishment until there has been filed with the city a diagram of the property, structure or establishment showing the location of the designated container storage area;

3. All garbage cans, dumpsters, ordinance units, and self-contained, liquid-tight, compacting solid waste containers shall be placed by the occupant in a convenient, accessible location as near as practical to the approximate rear of a building or near the alley, upon the ground level or ground floor, or in a sturdy rack not over 14 inches above such level or floor, except that sunken cans may be below the ground level;

4. Garbage cans, dumpsters, and self-contained, liquid-tight, compacting solid waste containers may be temporarily placed on the sidewalk, alley or street for collection only when no other collection point is feasible. Containers shall not be so placed until a reasonable time period (usually no more than two hours) prior to collection and shall be removed within such reasonable time period thereafter;

5. Garbage cans, dumpsters, and self-contained, liquid-tight, compacting solid waste containers shall not be placed at any time, except for purposes of collection as set out above, in the public right-of-way.

B. Screening of Dumpsters and Refuse Collectors. Dumpsters and self-contained, liquid-tight, compacting solid waste containers placed in all zoning districts of the city for which building permits are issued after the effective date of the ordinance codified in this title shall be screened as follows:

1. Dumpsters and self-contained, liquid-tight, compacting solid waste containers shall be screened on three sides by a building, hillside, site-obscuring fence, or site-obscuring landscaping, or a combination thereof.

2. Screening shall not be required for dumpsters or containers located on a temporary one-time basis to handle special circumstances such as construction projects and large-scale cleanup efforts. (Ord. 07-05 § 7, 2007; Ord. 91-5 § 2, 1991)

17.72.180 Adult entertainment facilities.

A. Scope of Restrictions. All adult entertainment facilities shall comply with the requirements of this section. The purpose and intent of requiring standards for adult entertainment facilities is to mitigate the adverse secondary effects caused by such facilities and to maintain compatibility with other land uses and services which are held for a serious scientific or educational purpose that are not obscene; and exhibitions, performances, expressions, or dances that are not obscene.

B. Separation Requirements. Adult entertainment facilities shall be permitted in the CM district as set forth in Chapter 17.34 EWMC only if the following separation requirements are met:

1. No adult entertainment facility shall be located closer than 600 feet to any other adult entertainment facility whether or not such adult entertainment facility is located within or outside the city limits.

2. No adult entertainment facility shall be located closer than 300 feet to any residential zoning district whether or not such zoning district is located within or outside the city limits.

3. No adult entertainment facility shall be located closer than 500 feet to any of the following uses whether or not such use is located within or outside the city limits:

a. Any public park, including the River Front Trail;

b. Any public library;

c. Any public or private nursery school or preschool;

d. Any public or private primary or secondary school;

e. Any day care;

f. Any community youth center; and

g. Any place of worship.

C. Measurement. The buffers required by this section shall be measured by extending a straight line from the nearest point on the property line of the lot containing the proposed adult entertainment facility to:

1. The nearest point on the boundary line of a residential zoning district;

2. The nearest point on the property line of a public park; or

3. The nearest point on the property line of the lot containing an adult entertainment facility, a public library, public or private nursery school or preschool, public or private primary or secondary school, day care, community youth center, or place of worship.

D. Variances. Whenever the applicant for an adult entertainment facility believes that the separation requirements set forth in this section are not necessary to achieve an effective degree of physical separation between the proposed adult entertainment facility and the zoning districts and uses identified in subsection B of this section, the applicant shall have the right to apply for a variance from the separation requirements subject to the procedures set forth in Chapter 17.88 EWMC (Variances) and upon payment of the applicable fee for a variance application. In determining whether a variance should be granted, the board of adjustment shall consider the following criteria in addition to the variance criteria set forth in Chapter 17.88 EWMC (Variances):

1. The extent to which physical features would result in an effective separation between the proposed adult entertainment facility and any zoning districts or uses identified in subsection B of this section in terms of visibility and access;

2. The extent to which the proposed adult entertainment facility complies with the goals and policies of the East Wenatchee Municipal Code;

3. The extent to which the proposed adult entertainment facility is compatible with adjacent and surrounding land uses;

4. The availability or lack of alternative locations for the proposed adult entertainment facility;

5. The extent to which the proposed adult entertainment facility can be avoided by alternative vehicular and pedestrian routes; and

6. The extent to which the applicant can minimize the adverse secondary effects associated with the proposed adult entertainment facility.

If, after considering these criteria and the variance criteria set forth in Chapter 17.88 EWMC (Variances), the board of adjustment finds that an effective degree of physical separation between the proposed adult entertainment facility and the zoning districts and uses identified in subsection B of this section can be achieved without requiring the full distance of separation provided by this section, the board of adjustment shall determine the degree of variance to be allowed and shall grant the variance. Otherwise, the variance application shall be denied.

E. Nonconforming Adult Entertainment Facilities. An adult entertainment facility shall be deemed a nonconforming use and shall be subject to the requirements of Chapter 17.76 EWMC (Nonconforming Uses and Structures) if a zoning district or use identified in subsection B of this section locates within 500 feet of such adult entertainment facility after the date that such adult entertainment facility has located within the city in accordance with the requirements of this section. (Ord. 07-05 § 7, 2007; Ord. 2000-01 § 5, 2000)

17.72.185 Bus passenger amenities.

A. Setbacks for Bus Shelters and Related Transit Amenities. A zero-foot setback from property lines is allowed for bus shelters and related transit amenities. In no case shall such amenities project or extend into the public right-of-way unless the city has issued a permit to occupy the right-of-way.

B. Placement of all structures must comply with LINK bus zone guidelines and be approved by the city street superintendent. (Ord. 07-05 § 7, 2007; Ord. 01-03 § 1, 2001)

17.72.190 Accessory dwelling units.

Accessory dwelling units are permitted within residential zoning districts. Accessory dwelling units shall be on the same lot as the primary residence and shall meet the following provisions:

A. Only one accessory dwelling unit shall be permitted per lot;

B. The owner of the property on which the accessory dwelling unit is located shall reside in either the primary unit or the accessory unit. “Owner” shall include title holders and contract purchasers;

C. One off-street parking space in addition to off-street parking spaces required for the primary dwelling shall be provided for use by the accessory dwelling;

D. The accessory dwelling unit shall comply with the minimum requirements of applicable city zoning and construction codes, health district, and all other local, state and federal agencies;

E. The city may require the recording of title notices as appropriate to disclose the circumstances and conditions of an authorized accessory dwelling use;

F. An accessory dwelling may be established in either an existing or a new residence;

G. Only one home occupation permit shall be permitted on any lot containing an accessory dwelling;

H. Attached accessory dwelling units shall meet the following provisions:

1. The accessory dwelling unit size shall not exceed the gross floor area of the primary dwelling unit and shall not exceed 1,200 square feet in area;

2. The minimum lot area shall be 8,000 square feet;

3. An outside exit for the accessory dwelling must be provided; and

4. Exterior alterations or additions for the accessory dwelling shall be consistent with the design of the primary residence including matching materials, colors, window style, and existing facade.

I. Detached accessory dwelling units shall meet the following provisions:

1. The minimum lot area shall be equal to or greater than 10,000 square feet;

2. The accessory dwelling unit shall not exceed 1,200 square feet in area excluding any related garage or carport area;

3. The accessory dwelling shall meet the minimum provisions set forth in EWMC 15.38.030, except EWMC 15.38.030(F), unless the property is divided in accordance with EWMC Title 16; and

4. The location, design and construction of the accessory dwelling shall be completed in a manner that will facilitate the eventual division of the property into two or more lots. General provisions that apply include access, building setbacks, lot coverage, and road improvements. Separate title to the accessory dwelling site shall be transferred only after the lot is divided in conformance with the provisions of EWMC Title 16 for land divisions. (Ord. 16-12 § 9, 2017; Ord. 07-05 § 7, 2007; Ord. 05-07 § 4, 2005)

17.72.200 Farm animals, livestock, and poultry.

It is the intent of this section to allow an individual to keep the following type of animals in residential zones: (1) small farm animals, large farm animals, domestic fowl, potbelly pigs, and miniature goats as part of a 4H, Future Farmers of America, or similar program; and (2) a pet or companion animal. It is not the intent of this section to permit commercial operations. Unless otherwise regulated by the East Wenatchee Municipal Code, all farm animals allowed by this section must comply with the following standards:

A. Applicability.

1. The keeping of small farm animals, miniature goats, and potbelly pigs is permitted as an accessory use in all zoning districts on lots containing no more than four dwelling units, subject to the standards and requirements in this section.

2. The keeping of large farm animals is permitted as an accessory use in the residential low density zoning district, subject to the standards and requirements in this section.

B. Minimum Pasture Area and Restrictions on Number of Animals. The minimum pasture area maintained for each animal and limitations on the number of animals is as listed below:

1. Four small farm animals (noncommercial) are allowed per legal lot of record. Lots that are one contiguous half acre in size or greater are allowed no more than 12 small farm animals per acre. All small farm animals kept outside must be cooped or kept in hutches or pens or similar enclosures.

2. Large farm animals (noncommercial) are allowed if the property ownership is at least one contiguous half acre in size or greater at a ratio of one animal per 10,000 square feet of maintained pasture area.

3. Miniature Goats. The types of goats commonly known as pygmy, dwarf and miniature goats may be kept in accordance with the provisions for small farm animals. All male miniature goats must be neutered. All miniature goats must be dehorned. Nursing offspring of miniature goats may be kept until weaned, no longer than 12 weeks from birth.

4. Potbelly Pigs, Miniature. Only miniature potbelly pigs are permitted. No more than one miniature potbelly pig is allowed per business establishment or dwelling unit. No potbelly pig may be kept as a domestic pet in the city if it is greater than 22 inches in height at the shoulder or more than 150 pounds in weight.

C. Prohibited Animals and Activities.

1. The keeping of swine is prohibited, except for miniature potbelly pigs allowed under subsection (B)(4) of this section.

2. The keeping of peacocks, roosters or other male poultry is prohibited.

3. No person may slaughter any animal within the city limits or the urban growth area, including all future amendments.

4. Commercial keeping or feeding of cattle, swine, other livestock, or poultry is prohibited.

5. Commercial slaughter houses, rendering plants, manure composting, and feed lots for cattle, swine, chickens, other livestock or poultry are prohibited.

D. The property must be maintained in a clean, sanitary condition so as to be free from offensive odors, fly breeding, dust, and general nuisances and shall be in compliance with any applicable humane society and health district regulations.

E. Adequate measures must be taken to properly dispose of animal wastes. Accumulations of animal waste shall be prohibited from being stored closer than 100 feet from any property line and/or any domestic or irrigation wells.

F. Barns, shelters, coops, hutches, pens or other buildings or structures for the keeping or feeding of large or small farm animals must be located a minimum of 10 feet from any property line and at least 25 feet from any dwelling unit located on adjacent properties. All such buildings or structures must also comply with the dimensional standards and setbacks for placement of accessory buildings within the zoning district within which it is located.

G. A fence or other structure, adequate to contain the animal(s), must be maintained at all times.

H. Any future division of property must comply with the minimum standards above. The minimum pasture area and condition requirements must be met by each additional individual lot or parcel, including the original parcel of record, in order to maintain livestock or poultry on the property.

I. Exotic or unique animals are classified within one of the above categories according to similar size, weight, or type of animal, as determined by the administrator, and subject to the applicable regulations.

J. Temporary and periodic use of goats for weed control is permitted within all zoning districts and must comply with the following conditions:

1. The use may not exceed a total of 14 days per year;

2. The goats must be contained by an adequate containment fence at all times; and

3. All waste materials must be removed from the property within 24 hours.

K. Racing/Homing Pigeons.

1. Where Permitted. Racing and homing pigeons are permitted as an accessory use to an owner’s personal residence in any zoning district on lots with four dwelling units or less.

2. Standards Applicable to Racing/Homing Pigeons.

a. The minimum lot size is 5,000 square feet.

b. Pigeon lofts are considered accessory buildings and are required to be located in the rear yard of the lot.

c. Lofts must be constructed and maintained in clean and sanitary conditions as not to create offensive odors, fly or insect breeding, or other nuisances.

d. Only one loft is permitted per residential unit, and it may not contain more than one bird per square foot of loft floor space.

e. Pigeons requiring freedom of flight for purposes of training, maintaining physical conditioning or competitive performance may be released for said purpose(s), but in no instance will pigeons be allowed to continually perch or linger on buildings, structures or property of others.

L. Annual Review by Planning Commission. The implementation of this section must be reviewed by the planning commission with a report submitted by the planning commission to the city council on or about the one year anniversary date of adoption of Ordinance No. 13-03. (Ord. 13-03 § 7, 2013; Ord. 07-05 § 7, 2007)

17.72.210 Lot frontage.

Residential lots shall have not less than 40 feet of frontage on a public or private roadway, except when located within a cul-de-sac, a manufactured home park, a planned development or when the lot is accessed from a joint-use driveway or access easement meeting the requirements of Chapters 12.50 through 12.60 EWMC, comprehensive street standards, and any amendments. A minimum of 20 feet of contiguous frontage is required for lots located on a cul-de-sac (road right-of-way) in all use districts and lots located on the outside of a road curve with a radius between 50 and 75 feet. (Ord. 16-12 § 10, 2017; Ord. 10-09 § 8, 2010; Ord. 07-05 § 7, 2007)

17.72.220 Storage facilities associated with residential development.

Centralized storage facilities for personal goods and recreational vehicles may be developed in conjunction with a residential development for the use of owners and residents within the development and the general vicinity of the development. Facilities must have no outward appearance of being a commercial facility, and be appropriately designed, screened and landscaped befitting the residential character of the development. (Ord. 07-05 § 7, 2007)

17.72.230 On-site recreation – Space required.

A. Duplex and multifamily residential developments at a density of six or more units per acre and involving one acre or more shall provide common recreation area on-site for the use and enjoyment of owners and residents within the development. The area required for on-site recreation shall be calculated at 10 percent of the site area with a minimum total area of 5,000 square feet.

B. Common recreation areas and/or on-site recreation space shall be located, designed and constructed for usable recreation space.

1. The following criteria shall be met:

a. A detailed recreation site plan and brief narrative shall be submitted for each proposed recreation area with the development application. The recreation plan shall illustrate the design, landscaping, construction elements and elements within the proposed park, i.e., half-court basketball court, sports court, playground, ball field, putt-putt golf, picnic area or other similar improvements.

b. On-site recreation areas shall be centrally located within the development and accessible to all proposed lots.

c. On-site recreation areas should be connected to an overall pedestrian trail system and sidewalk system. A portion of the required trail system as set forth in EWMC 17.72.240 may be incorporated into the recreation element.

d. On-site recreation areas shall be designed as usable recreation space. At least 70 percent of the recreation space shall be designed with slopes of less than six percent.

e. On-site recreation areas shall be located with a minimum of 30 feet of road frontage. Depending on the size of the recreation area, additional parking may be required.

2. If stormwater drainage is incorporated into the recreation area, the following criteria shall be applied:

a. The facility should be designed with emphasis as a recreation area, not a stormwater control structure. No more than 30 percent of the required recreation area shall incorporate components of stormwater detention.

b. The stormwater facility shall be designed as usable recreation area.

c. That portion of the stormwater facility not considered as usable recreation area shall not be counted toward the required recreation area allocation.

d. Facility design should blend them into the recreation area.

e. In no case shall more than 30 percent of the required on-site recreation area exceed a slope of seven horizontal units to one vertical unit (7:1).

3. The on-site recreation area shall be developed and landscaped appropriate to the types of recreation activities proposed.

4. Recreation areas shall be at least 5,000 square feet in size, unless multiple recreation areas are proposed in which case only one area must meet the minimum area requirements with the remaining recreation areas being not less than 500 square feet. A portion of the on-site recreation area may be used for pedestrian/bicycle trails as required in EWMC 17.72.240.

5. Recreation areas shall be permanently reserved for recreation purposes.

C. Each one square foot of intensively developed recreational area (swimming pool, recreation/game rooms, and game courts such as tennis, handball, racquetball, etc.) shall be calculated as 1.25 square feet toward each one square foot of usable recreation area required. (Ord. 07-05 § 7, 2007)

17.72.240 Pedestrian and/or bicycle trail access.

Land development, uses and activities shall ensure provisions are made for safe and convenient pedestrian and/or bicycle access circulation systems that link lots, tracts, and/or buildings to adjoining properties. Trail systems shall provide continuity of public access and/or facilitate their eventual connection to other areas incrementally through time. Trail improvements and easements/tracts of land shall be provided whenever a division of land or other development activity occurs for residential, commercial, industrial, and/or recreation development when near parks, recreation areas, schools, churches, dead-end roads, bodies of water such as rivers or lakes, existing/future trails, public facilities and/or other similar activities and facilities.

A. The residents or tenants of the development shall be provided access to the trail easement or access tract.

B. Up to 50 percent of the required trail improvement may incorporate public sidewalks.

C. Trail systems may be used in part for meeting the required on-site recreation/open space areas enumerated in EWMC 17.72.230.

D. The pedestrian/bicycle linkage system shall include provisions for access to lakes, rivers, schools, parks, major pedestrian corridors and trail systems existing or enumerated in the applicable comprehensive plan.

E. Establishment of pedestrian corridors shall provide safe unhindered pedestrian walking and be designed to allow access to all users of the development. Over 50 percent of the required trail shall be located within open space areas, between lots or physically separated from vehicles on roadway systems. The minimum separation shall not be less than six feet.

F. Pedestrian/bicycle linkage systems shall be provided/extended as property is developed or redeveloped by the property owner/developer.

G. The dimensions of the linkage system shall have a minimum easement width of 10 feet with a minimum width of six feet improved with asphalt or other similar all-weather surface materials. Linkage corridors may be bridged or partially covered but are intended for pedestrian movement through the entire length of the corridor.

H. The location and alignment of the circulation system shall be submitted with the overall site plan of the proposed land development activity and for each phase of development. Such plans shall identify all dimensions and circulation features.

I. Pedestrian/bicycle access corridors shall be discouraged in areas designated as agricultural lands of long-term commercial significance.

J. Maintenance of any trail corridor or improvement retained in private ownership shall be the responsibility of the owner or other separate entity capable of long-term maintenance and operation in a manner acceptable to the county.

K. Where permitted, outdoor exhibits, displays, sales, service of food, or other activities may be conducted adjacent to corridors or located within open space areas, including plazas, on a temporary or permanent basis; provided movement through the area is free and uninterrupted. (Ord. 07-05 § 7, 2007)

17.72.250 Preservation of public and private open space.

All required open space shall be identified as a separate tract or parcel and preserved in perpetuity for that purpose as shown in a development plan. Appropriate land use restrictions shall be contained in all deeds to ensure that the open space is permanently preserved. Deed restrictions shall be for the benefit of present as well as future property owners, and shall contain a prohibition against partition of open space for uses other than that allowed in this chapter.

A. On-Site/Open Space Recreation. The developer shall choose one or a combination of the following methods of administering on-site recreation:

1. A homeowners’ association may be formed for the purpose of maintaining the on-site/open space recreation and other open space. The association shall adopt in a form acceptable to the prosecuting attorney, covenants and restrictions that would ensure preservation and perpetual maintenance.

a. No on-site recreation may be altered or put to a change in use in a manner inconsistent with this chapter or the final development plan unless the review authority approves an amendment to the final development plan.

b. No change of use or alteration shall be considered as a waiver of any covenants limiting the use of the on-site recreation, and all rights to enhance these covenants against any use permitted are expressly reserved.

2. A public agency which agrees to maintain the on-site recreation area, open space and/or any buildings, structures, or other improvements which have been placed on it; or

3. A private nonprofit conservation trust or similar entity with a demonstrated capability to carry out the necessary duties and as approved by the county. The entity shall have the authority and responsibility for the maintenance and protection of the on-site recreation and all improvements located in the open space.

B. Transfer of Ownership. Title to open space/recreation areas shall be transferred concurrent with the recording of the plat or short plat of the development. (Ord. 07-05 § 7, 2007)

17.72.255 Electric vehicle infrastructure.

A. Purpose. The purpose of this section is to facilitate adequate and convenient electric vehicle infrastructure to serve the needs of the traveling public, to provide opportunities for East Wenatchee residents to have safe and efficient access to electric charging stations located at their place of residence, and to provide the opportunity for mixed-use, commercial, and industrial developments to supply electrical vehicle infrastructure services to their tenants, customers, and employees.

B. Applicable Zoning Districts.

1. Level 1 and Level 2 charging stations shall be permitted uses in all mixed use, commercial, and industrial districts, and accessory uses in all residential districts.

2. Level 3 charging stations shall be permitted uses in all mixed use, commercial, and industrial districts, and accessory uses in all residential districts.

3. Battery exchange stations shall be permitted uses in all mixed use, commercial, and industrial districts.

C. Review Process.

1. Charging Stations. In general, charging stations do not require permits from the city unless their installation involves new construction, additions and/or structural alterations to existing buildings, or if their installation is governed by other requirements of city code. Electrical installations are under the administration of the Washington State Department of Labor and Industries and no aspect of the electrical infrastructure is administered by the city.

2. Battery Exchange Stations. Installation of a battery exchange station shall be processed in accordance with EWMC Title 19 as an administrative review. Applications shall be reviewed concurrently with other required permit applications.

D. Design Criteria.

1. Design criteria for electric vehicle charging stations or battery exchange stations within commercial, industrial, and mixed-use zoning districts:

a. Electric vehicle charging stations shall be reserved for parking only while “charging” electric vehicles. “Charging” means an electric vehicle is parked at the charging station and is connected to the charging station equipment. Spaces for electric vehicle charging shall be included in the overall parking required for the site in accordance with EWMC 17.72.010, as amended.

b. Each charging station space should be posted with signage indicating the space is only for electric vehicle charging purposes. Signage should include identifying voltage and amperage levels, time of use, fees or safety information. (See examples below of typical signage.)

 

12" x 12"

Add text indicating type of charging (Level 1, 2, or 3 with maximum voltage or amperage), hours of operation, fees and basic instructions.

c. Installation of wayfinding signs should be conveniently located to effectively guide motorists to the charging station space(s). If such signs are not visible from the public street, they are exempt from the sign standards and permit requirements. If visible from the public street, the sign must comply with Chapter 17.74 EWMC, as amended. (See example below of typical signage.)

12" x 12"

6" x 12"

d. Where charging station equipment is provided adjacent to a pedestrian circulation area, such as a sidewalk or accessible route to the building entrance, charging equipment should be located so as to not interfere with accessibility requirements of WAC 51-50-005, as amended.

e. Design should be appropriate to the location and use. Facilities should be able to be readily identified by electric car users but blended into the surrounding landscape/architecture for compatibility with the character and use of the site.

2. Electric vehicle battery exchange stations shall comply with the following additional standards:

a. All batteries shall be stored in an enclosed building. No outdoor storage is permitted.

b. All batteries that are beyond their useful life shall be recycled or disposed of in accordance with requirements established by the State Department of Ecology, State Department of Transportation, and the Environmental Protection Agency.

c. Off-Street Parking. Provide off-street parking at a ratio of one space per on-site employee plus off-street stacking for four vehicles. If the facility is fully automated with no on-site attendee, one space shall be provided for periodic maintenance vehicles in addition to the off-street stacking requirement. Parking shall conform to the requirements in EWMC 17.72.010, as amended.

d. Design Standards and Guidelines. The building design shall comply with the Greater East Wenatchee Urban Growth Area Design Standards and Guidelines, as amended.

e. Landscaping. Landscaping shall comply with the standards in this chapter, as amended. (Ord. 11-02 § 4, 2011)

17.72.260 Required use of public sanitary sewer system.

A. Purpose. The purpose of this section is to protect the public health by providing rules establishing when connection to public sewers, within the urban growth area (UGA), is required as a condition of development. Nothing in this section authorizes any violation of regulations for on-site sewage disposal systems adopted by the State Department of Health or by the Chelan-Douglas Health District.

B. Permanent Sewer Facilities. The primary means of wastewater collection and disposal in the urban growth area shall be construction and extension of permanent sanitary sewer facilities connecting to the Douglas County sewer district. All such construction shall be in accordance with the rules, regulations, and requirements prescribed by the Douglas County sewer district and by the state of Washington.

C. Connection Required. Inside the UGA, connection to a public sanitary sewer is required for all development projects under the following criteria:

1. For the purposes of this section, “development” means:

a. The construction of a residence, structure, or facility resulting in the production of sewage.

b. The substantial modification or alteration of an existing structure if the modification or alteration increases the sewage generated from the structure and would require installation of a larger capacity on-site sewage disposal system.

c. Any new land division project, including but not limited to subdivision, short subdivision, or binding site plan.

2. Development of any parcel located within the UGA that directly abuts a public sewer system that is located within a public right-of-way or easement.

3. Development of any parcel of real property located within 200 feet of any Douglas County sewer district sanitary sewer facility is required, at his/her expense, to extend the sewer main and connect all applicable plumbing outlets from such buildings or structures directly to the public sewer. The distance between the property and the public sanitary sewer facility is measured along the usual or most feasible route of access to the nearest property line of the subject property.

4. Additionally, the owner of a residence or other facility served by an on-site system that has failed, as determined by the local health officer, must connect if the parcel abuts a public sewer system.

D. Exceptions. Connection to a public sewer is required unless one of the following exceptions applies:

1. The building permit application is for an alteration, expansion, or replacement of an existing structure already utilizing an on-site sewage disposal system that has been tested and is certified to be functioning properly and the proposal does not require installation of a larger capacity on-site sewage disposal system.

2. The building permit application is for a new structure, consistent with the requirements of the Chelan-Douglas Health District codes, that lawfully incorporates no sewerage effluent facility.

3. The parcel is located more than 200 feet from any Douglas County sewer district sanitary sewer facility as measured along the usual or most feasible route of access to the nearest property line of the subject property and meets one of the following conditions:

a. The land division is planned and designed to be provided with a full range of urban level services.

b. The design for the land division includes specific provisions for future accommodation of public sewers in a manner which will allow for future development at appropriate urban densities.

c. If the property is located within 500 feet of a sewer service facility, the district, at its discretion, may require dry sewers and/or side sewer stub outs to be constructed. In determining the location and grade of the dry lines, future ultimate development of property in the vicinity must be considered in designing the system to accommodate all properties which may subsequently require the use of the facility.

d. The land division is configured in a manner which provides reasonable assurance that subsequent redevelopment will comply with the minimum urban densities when public sewer service becomes available. A site plan for subsequent redevelopment is required to be filed and recorded. The site plan under this section shall be vested in the same manner as any land division.

e. The plat, short plat or binding site plan includes as a condition of approval a prohibition of further division of the property until public sewer becomes available.

4. Approval of any building permit or land division application utilizing one of the exceptions above is contingent upon submittal of a legally binding agreement with the district in which the property owner and successors in interest agree to:

a. Connection to sanitary sewers within 24 months of notification by the district that sanitary sewer service is available for all parcels containing an existing building;

b. Participation without protest in any sewer local improvement district (LID) or utility local improvement district (ULID); and

c. Agreement to pay any connection fees and monthly charges assessed by the district, LID, or ULID.

The agreement must be in a form acceptable to the administrator and to the district and must be recorded with the property records of the county. Lots that are vacant at the time the notice is provided as described above will be required to connect when a building permit application is submitted.

E. Douglas County Sewer District Service Boundary. If the property proposed for development is located outside of the Douglas County sewer district service boundary, a legally binding agreement with the district in which the property owner and successors in interest agree to annexation of the property into the district boundary when proposed by the district must be recorded with the property records of the county in a form acceptable to the administrator and to the district.

F. Utility Local Improvement District – No Protest Agreement. The Douglas County sewer district has the authority to establish utility local improvement districts (ULIDs) for the purpose of constructing or reconstructing sewer systems, by the method and manner prescribed in state law within their service area boundary and to levy special assessments to pay in whole the cost of any improvements. The city and county may collectively work with the district to extend services in conjunction with a road improvement project. For any development proposed within the district in an area not currently served by existing service lines, the property owner must execute a legally binding agreement with the district. As part of the agreement, the property owner and successors in interest must agree to:

1. Prompt connection with sanitary sewers when they become available;

2. Participation without protest in any sewer local improvement district (LID), road improvement district (RID), or utility local improvement district (ULID); and

3. An agreement to pay any connection fees and monthly charges assessed by the district, LID, RID, or ULID. The agreement must be in a form acceptable to the administrator and must be recorded with the property records of the county. (Ord. 15-12 § 6 (Exh. B), 2015)

17.72.270 Cryptocurrency mining.

Cryptocurrency mining operations are permitted only within the General Commercial and General Industrial Zoning Districts. In addition to compliance with the requirements for those zoning districts all projects must meet the following standards, unless otherwise regulated within this code:

A. Applications shall be processed as an administrative review under Type IB if exempt from SEPA review or a Type IIA if not exempt from SEPA review under EWMC 19.01.030.

B. No cryptocurrency mining operation may cause adverse or detrimental effects to adjoining lessees, owners, or residents that diminish the quality of life or increase the costs of serving their business or maintaining their homes.

C. The use of cargo containers, railroad cars, semi-truck trailers and other similar storage containers for any component of the operation is strictly prohibited.

D. Prior to issuance of a building permit, the applicant shall provide written verification from Douglas County Public Utility District (PUD) that the PUD has calculated the potential electrical consumption of the proposed use and has verified that the utility supply equipment and related electrical infrastructure is sufficiently sized and can safely accommodate the proposed use.

E. Prior to city issuance of a certificate of occupancy, the applicant must provide a copy of the Washington State Department of Labor and Industries electrical permit and written verification that the electrical work has passed a final inspection.

F. New structures proposed for use as data centers or for cryptocurrency mining shall meet the Treatment of Blank Walls guidelines found in the Greater East Wenatchee Urban Growth Area Design Standards and Guidelines unless the project is located within the general industrial zoning district.

G. All cryptocurrency mining and data center operations, including all ancillary equipment/operations for purposes such as cooling, shall be designed, constructed, operated, and maintained so as not to cause the dissemination of dust, smoke, glare, heat, vibration or noise in excess of the maximum environmental noise level established by Chapter 9.25 EWMC or Chapter 173-60 WAC beyond the property line or affecting adjacent buildings. Violation of these established noise levels will result in revocation of a city business license pursuant to Chapter 5.04 EWMC and any other applicable penalties.

H. Within 30 days of commencing operations, the owner/operator of the facility shall provide to the city an affidavit that includes the following information:

1. Name and qualifications of the person who measured the decibel levels.

2. Equipment used to measure the noise volume.

3. Location of the noise measurements depicted on a scaled site plan. The points of measurement shall be at all property lines and generally at the points on those property lines most susceptible to noise from the applicable equipment.

4. Decibel levels measured at each property line.

5. A description of the operating conditions of the applicable equipment when the measurements were taken.

6. Time and duration of measurements.

7. A statement attesting to the accuracy of the information provided and a guarantee that the project proponent will not run their equipment at a more intense or noisier state than when the measurements were taken.

8. The city reserves the right to require independent verification of noise measurements and/or to request additional measurements at different points on the property. All measurements must comply with the noise levels established in Chapter 173-60 WAC and Chapter 9.25 EWMC. (Ord. 19-19 § 11, 2019)