Chapter 18.100
DEVELOPMENT STANDARDS – USE SPECIFIC

Sections:

18.100.010    Accessory residential vehicle service and repair standards.

18.100.020    Amusement and recreation.

18.100.030    Animals.

18.100.040    Daycare facilities.

18.100.050    Essential public facilities.

18.100.060    Group homes.

18.100.070    Home business.

18.100.080    Limited home businesses.

18.100.090    Manufactured homes on individual lots.

18.100.100    Sexually oriented businesses.

18.100.110    Wireless communications facilities.

18.100.120    Marijuana-related uses – Prohibited.

18.100.010 Accessory residential vehicle service and repair standards.

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

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

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

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

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

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

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

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

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

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

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

18.100.020 Amusement and recreation.

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

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

B. Adequacy of off-street parking;

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

18.100.030 Animals.

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

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

1. Issuance of a valid slaughter license; and

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

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

18.100.040 Daycare facilities.

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

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

C. The community development director or designee, or hearing examiner, as appropriate, shall approve applications for family daycare homes and daycare centers subject to the following general requirements and the requirements of RCW 36.70A.450(2)(a) through (e):

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

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

3. A safe passenger loading area shall be provided and certified by the department of early learning licensor.

4. Signage, if any, shall conform to the requirements of Chapter 18.97 EMC, Sign Code.

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

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

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

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

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

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

a. The daycare center shall not be located within 300 feet of another daycare facility.

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

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

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

e. There shall be a clearly marked, off-street area for loading and unloading clients. Adequate vehicle turnaround shall be provided on site for parking and loading so as to preclude the necessity of backing out onto the street. (Ord. 16-463 § 6 (Exh. B); Ord. 15-448 § 2 (Exh. A); Ord. 03-203 § 1).

18.100.050 Essential public facilities.

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

18.100.060 Group homes.

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

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

1. Public or private schools;

2. Churches or other religious facilities or institutions;

3. Parks and playgrounds;

4. Daycare facilities;

5. Residential uses;

6. Residential zones; and

7. Other comparable land uses as determined by the community development director or designee.

C. Registration and Licensing. Group homes shall obtain all licenses necessary for operation by state and federal agencies. Group homes Type II and Type III shall also register with the city by supplying information pertinent to the validity, update and renewal status of the home’s state and federal license. Accuracy of all information contained in any state or federal license shall be verified to the extent possible by the city. Any applicant for a group home conditional use permit shall have the responsibility to ensure that information regarding any changes made to the license prior to its renewal is immediately provided to the city. (Ord. 15-448 § 2 (Exh. A); Ord. 03-203 § 1).

18.100.070 Home business.

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

A. Home businesses are limited to an accessory use in conjunction with a single-family detached dwelling use type. Obtaining a home business permit is required in addition to the general business license required by Chapter 5.05 EMC. The home business permit is administered through the city clerk’s office.

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

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

2. Lodging (Level 1).

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

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

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

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

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

C. Prohibited Activities.

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

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

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

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

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

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

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

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

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

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

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

a. A home business permit shall be obtained directly through the city clerk’s office for each home business and any property on which a home business is undertaken.

b. A city business registration shall be obtained and maintained for each home business as described in Chapter 5.05 EMC.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

13. Meet the signage requirements of Chapter 18.97 EMC, Sign Code.

14. Each business must meet the requirement of Chapter 5.05 EMC, Business Licenses and Regulations.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

G. Permit Revocation and Expiration.

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

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

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

H. An on-going home business may be granted nonconforming status; provided, that it was permitted under Pierce County authority prior to Edgewood’s incorporation and has been in continuous operation since initial approval. The burden of providing a home business’s nonconforming status rests with the property owner or tenant. A home business without city or county approval which cannot prove nonconforming status shall be considered in violation of this section and shall cease until the appropriate approvals have been granted. (Ord. 15-448 § 2 (Exh. A); Ord. 10-351 § 3 (Exh. B); Ord. 03-203 § 1).

18.100.080 Limited home businesses.

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

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

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

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

2. Lodging (Level 1).

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

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

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

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

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

D. Prohibited Activities.

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

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

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

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

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

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

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

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

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

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

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

1. A limited home business permit shall be obtained directly through the city clerk’s office for each limited home business and any property on which a limited home business is undertaken.

2. A city general business license must be obtained and maintained for each limited home business as described in Chapter 5.05 EMC.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

9. Not have any exterior storage of materials.

10. Each business must meet the requirement of Chapter 5.05 EMC, Business Licenses and Regulations.

G. Permit Revocation and Expiration.

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

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

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

H. An on-going home business may be granted nonconforming status; provided, that it was permitted under Pierce County authority prior to Edgewood’s incorporation and has been in continuous operation since initial approval. The burden of providing a home business’ nonconforming status rests with the property owner or tenant. A home business without city or county approval, which cannot prove nonconforming status, shall be considered in violation of this section and shall cease until the appropriate approvals have been granted. (Ord. 15-448 § 2 (Exh. A); Ord. 10-351 § 4 (Exh. C); Ord. 03-203 § 1).

18.100.090 Manufactured homes on individual lots.

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

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

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

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

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

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

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

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

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

18.100.100 Sexually oriented businesses.

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

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

C. Sexually oriented business uses are prohibited:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

7. Specified Anatomical Areas. Any of the following:

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

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

8. Specified Sexual Activities. Any of the following:

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

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

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

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

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

18.100.110 Wireless communications facilities.

A. Purpose. The purpose of this section is:

1. To protect the community’s natural beauty, visual quality and safety while facilitating the reasonable and balanced provision of wireless communication services. More specifically, it is the city’s goal to minimize the visual impact of WCFs on the community, particularly in and near residential zones;

2. To promote and protect the public health, safety, and welfare, preserve the aesthetic character of the Edgewood community, and to reasonably regulate the development and operation of WCFs within the city to the extent permitted under state and federal law;

3. To minimize the impact of WCFs by establishing standards for siting, design and screening;

4. To encourage the collocation of antennas on existing structures, thereby minimizing new visual impacts and reducing the potential need for new towers that are built in or near residential zones by encouraging that WCFs first be located on buildings, existing towers or utility poles in public rights-of-way;

5. To protect residential zones from excessive development of WCFs;

6. To ensure that towers in or near residential zones are only sited when alternative facility locations are not feasible;

7. To preserve the quality of living in residential areas which are in close proximity to WCFs;

8. To preserve the opportunity for continued and growing service from the wireless industry;

9. To preserve neighborhood harmony and scenic viewsheds and corridors;

10. To accommodate the growing need and demand for wireless communication services;

11. To establish clear guidelines and standards and an orderly process for expedited permit application review, intended to facilitate the deployment of wireless transmission equipment, to provide advanced communication services to the city, its residents, businesses and community at large;

12. To ensure city zoning regulations are applied consistently with federal telecommunications laws, rules, regulations and controlling court decisions;

13. To encourage the use of distributed antenna systems (DAS) and other small cell systems that use components that are a small fraction of the size of macrocell deployments, and can be installed with little or no impact on utility support structures, buildings, and other existing structures;

14. To provide regulations which are specifically not intended to, and shall not be interpreted or applied to, (a) prohibit or effectively prohibit the provision of personal wireless services, (b) unreasonably discriminate among functionally equivalent service providers, or (c) regulate WCFs and wireless transmission equipment on the basis of the environmental effects of radio frequency emissions to the extent that such emissions comply with the standards established by the Federal Communications Commission; and

15. To implement Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 (“Spectrum Act”), as interpreted by the Federal Communications Commission’s (“FCC” or “Commission”) Acceleration of Broadband Deployment Report and Order, which requires a state or local government to approve any eligible facilities request for a modification of an existing tower or base station that does not result in a substantial change to the physical dimensions of such tower or base station.

B. Exemptions. The following are exempt from the provisions of this section and shall be permitted in all zones:

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

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

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

4. Wireless radio towers, equipment, facilities, and associated appurtenances utilized for temporary emergency communications in the event of a disaster.

5. Licensed amateur (ham) radio stations.

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

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

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

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

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

C. New Wireless Communication Antenna Arrays. Permitted in all zones with an administrative use permit as long as they meet the following requirements:

1. Concealment and design requirements (as set forth in subsections (F)(4) and (5) of this section); and

2. Attached to or inside of an existing or replacement nonresidential structure with a maximum additional height of no more than 15 feet above the existing structure, or the minimum necessary to meet the required safety clearances or pole owner’s requirements.

D. Distributed Antenna Systems and Small Cells.

1. Siting.

a. Distributed antenna systems (DAS) and small cells are permitted in all zones as long as they meet the following requirements:

i. DAS and small cells in public right-of-way are subject to the city’s approval of a master use permit/franchise agreement under EMC Title 12.

ii. DAS and small cells require an administrative use permit and a building permit if their installation requires construction of a new utility support structure or building;

iii. DAS and small cells do not require an administrative use permit or building permit if the height of a replacement structure, including antennas, is no more than the greater of: (A) 15 feet taller than the existing utility support structure; or (B) the minimum height necessary to provide the required safety clearances from transmission or distribution lines and pole owner requirements.

b. Multiple site DAS and small cells are permitted, per the following requirements:

i. An administrative use permit for multiple distributed antennas that are part of a larger overall DAS network;

ii. An administrative use permit for multiple small cells placed to provide wireless coverage in a contiguous area;

iii. For locations in the public right-of-way, a single master use permit/franchise agreement (EMC Title 12) may be used for multiple node locations in DAS and/or small cell networks throughout the city.

2. Standards – Small Cell Equipment.

a. All related equipment, including but not limited to ancillary equipment, radios, cables, associated shrouding, microwaves, and conduit, which is mounted on utility support structures, shall not be mounted more than six inches from the surface of the support structure, unless a further distance is technically required and is confirmed in writing by the support structure owner.

b. Equipment for small cell facilities must be attached to the utility support structure, unless otherwise permitted to be ground-mounted. The equipment must be placed in the smallest enclosure possible for the intended purpose. The equipment enclosure may not exceed 17 cubic feet. Multiple equipment enclosures may be acceptable if designed to more closely integrate with the support structure design and do not cumulatively exceed 17 cubic feet. The applicant shall place the equipment enclosure behind any banners or road signs that may be on the support structure, if such banners or road signs are allowed by the pole owner and provided by the city.

c. An applicant that desires to enclose its antennas and equipment within a unified enclosure may do so; provided, that such unified enclosure does not exceed four cubic feet. To the extent possible, the unified enclosure shall be placed so as to appear as an integrated part of the utility support structure or behind banners or signs. The unified enclosure may not be placed more than six inches from the surface of the support structure, unless a further distance is technically required and confirmed in writing by the support structure owner.

d. Small cell facilities mounted on cables strung between existing utility poles shall conform to all of the following standards:

i. Each strand-mounted facility shall not exceed three cubic feet in volume;

ii. Only one strand-mounted facility is permitted per cable between any two existing poles;

iii. The strand-mounted devices shall be placed as close as possible to the nearest utility pole, in no event more than six feet from the pole unless a greater distance is technically necessary or required by the pole owner for safety clearance;

iv. No strand-mounted device shall be located in or above the portion of the roadway open to vehicular traffic;

v. Ground-mounted equipment to accommodate such strand-mounted facilities is not permitted, except when placed in preexisting equipment cabinets;

vi. Pole-mounted equipment for strand-mounted facilities shall meet the requirements for pole-mounted small cells; and

vii. Such strand-mounted devices must be installed to cause the least visual impact and with the minimum exterior cabling or wires (other than the original strand) necessary to meet the technological needs of the facility.

E. Standards – Towers.

1. Prohibition. Only monopole towers are permitted in the city. Lattice towers and guyed towers are prohibited.

2. Siting. An administrative use permit is required to site a new tower in accordance with the criteria contained in Table 1 and Table 2. In addition, the location shall be subject to any additional siting priorities set forth in this chapter.

Table 1

New Wireless Communication Tower Criteria

Allowed by Administrative Use Permit 

Zoning District

Located in Public Right-of-Way (ROW)

Maximum Tower Height [2]

Stealth Design

Setback from Property Lines (does not apply within ROW)

C, MUR, TC, Public [1]

Yes

60'

See Footnote 1

N/A

No

60'

See Footnote 1

20'

BP, I [1]

(allowed in ROW only if less than or equal to 70')

100'

See Footnote 1

20'

[1] Stealth design is required if an applicant constructs a tower in or within 150 feet of a residential zone.

[2] Tower heights of up to 120 feet can be requested through a conditional use permit (CUP), where compatibility can be fully addressed.

Table 2

New Wireless Communication Tower Criteria

Allowed by Conditional Use Permit 

Zoning District

Maximum Tower Height [2]

Stealth Design

Setback from Property Lines (does not apply within ROW)

SF, MR [3]

60'

Required

20'

C, MUR, TC, Public [3]

70' [4]

Optional [3]

20'

[3] Stealth design is required if an applicant constructs a tower in or within 50 feet of a residential zone.

[4] An additional 20 feet in height in these zones is allowed if applicant uses stealth design.

3. Tower Sharing and Collocation. New WCF facilities must, to the maximum extent feasible, collocate on existing towers or other structures of a similar height to avoid construction of new towers, unless precluded by zoning constraints such as height, structural limitations, inability to obtain authorization by the owner of an alternative location, or where an alternative location will not meet the service coverage objectives of the applicant. Applications for a new tower must address all existing towers or structures of a similar height within one-half mile of the proposed site as follows: (a) by providing evidence that a request was made to locate on the existing tower or other structure, with no success; or (b) by showing that locating on the existing tower or other structure is infeasible.

4. Preferred Tower Locations. In addition to the development standards in this chapter, an applicant for a tower must submit documentation to demonstrate that there is a need for a new tower if it is to be located in a residential zone or within 150 feet of an existing residential lot. An evaluation of the operational needs of the wireless communications provider, alternative sites, alternative existing facilities upon which the proposed antenna array might be located, and collocation opportunities on existing support towers within one-half mile of the proposed site shall be provided. Evidence shall demonstrate that no practical alternative is reasonably available to the applicant. All new towers proposed to be located in a residential zone or within 150 feet of a residential zone are permitted only after application of the following siting priorities, ordered from most preferred to least preferred. In addition, the applicant for a tower located in a residential zone or within 150 feet of a residential zone shall address these preferences in an alternative sites analysis provided with the complete application.

a. City owned or operated property and facilities that are not in residential zones or located within 150 feet of residential zones;

b. Industrial zones and business park zones (I and BP);

c. Nonresidential (not SF or MR) zones;

d. City owned or operated property and facilities in any zone;

e. Commercial, mixed use residential, town center and public zones (C, MUR, TC and Public);

f. Residential zones (SF, MR).

5. Compliance with Code. The proposed tower shall satisfy all of the provisions and requirements of this section.

6. Public Notice. In addition to the notice requirements of Chapter 18.40 EMC and EMC 18.50.040 for a conditional use permit, tower proposals in residential zones and within 150 feet of a residential zone shall include the following public notice:

a. A black and white architectural elevation and color photo simulation rendering of the proposed WCF; and

b. The sign required by EMC 18.40.180 shall include that same architectural elevation and color photo simulation combination selected by the city that depicts the visual impact of the WCF.

F. General Development Standards Applicable to WCFs. The following criteria shall be applied in approving, approving with conditions or denying a permit for a WCF. Unless otherwise provided in this chapter, WCF construction shall be consistent with the development standards of the zoning district in which it is located.

1. Height. Refer to Tables 1 and 2.

2. Setback Requirements.

a. Refer to Tables 1 and 2 for towers.

b. All equipment shelters, cabinets or other on-the-ground ancillary equipment shall be buried or meet the setback requirement of the zone in which located. Notwithstanding the setbacks provided for in Tables 1 and 2, when a residence is located on an adjacent parcel, the minimum side setback from the lot line for a new tower must be equal to the height of the proposed tower, unless:

i. The tower is constructed with breakpoint design technology. If the tower has been constructed using breakpoint design technology, the minimum setback distance shall be equal to 110 percent of the distance from the top of the structure to the breakpoint level of the structure, or the applicable zone’s minimum side setback requirements, whichever is greater. (For example, on a 100-foot tall monopole with a breakpoint at 80 feet, the minimum setback distance would be 22 feet [110 percent of 20 feet, the distance from the top of the monopole to the breakpoint] or the minimum side yard setback requirements for that zone, whichever is greater.) Provided, that if an applicant proposes to use breakpoint design technology to reduce the required setback from a residence, the issuance of building permits for the tower shall be conditioned upon approval of the tower design by a structural engineer.

3. Landscaping.

a. All landscaping shall be installed and maintained in accordance with this chapter. Existing on-site vegetation shall be preserved to the greatest extent reasonably possible and disturbance of the existing topography shall be minimized. The director may grant a waiver from the required landscaping based on findings that a different requirement would better serve the public interest.

b. Tower bases, when fenced (compounds), or large equipment shelters (greater than three feet by three feet by three feet), shall be landscaped. Tower bases shall be screened by fencing and landscaping, which will encompass a five-foot radius around the fenced area.

c. If fencing is installed, it shall consist of decorative masonry or wood fencing.

4. Visual Impact. All WCFs in residential zones and within 150 feet of residential zones, including equipment enclosures, shall be sited and designed to minimize adverse visual impacts on surrounding properties and the traveling public to the greatest extent reasonably possible, consistent with the proper functioning of the WCF. Such WCFs and equipment enclosures shall be integrated through location and design to blend in with the existing characteristics of the site. Such WCFs shall also be designed to either resemble the surrounding landscape and other natural features where located in proximity to natural surroundings, or be compatible with the urban built environment through matching and complementing existing structures and specific design considerations, such as architectural designs, height, scale, color and texture, and/or be consistent with other uses and improvements permitted in the relevant zone.

5. Use of Stealth Design/Technology. Stealth design is required in residential zones and to the extent shown in Tables 1 and 2. Stealth and concealment techniques must be appropriate given the proposed location, design, visual environment, and nearby uses, structures, and natural features. Stealth design shall be designed and constructed to substantially conform to surrounding building designs or natural settings, so as to be visually unobtrusive. Stealth design that relies on screening WCFs in order to reduce visual impact must screen all substantial portions of the facility from view. Stealth and concealment techniques do not include incorporating faux tree designs of a kind that are not native to the Pacific Northwest.

6. Lighting. For new towers, only such lighting as is necessary to satisfy FAA requirements is permitted. All FAA-required lighting shall use lights that are designed to minimize downward illumination. Security lighting for the equipment shelters or cabinets and other on-the-ground ancillary equipment is also permitted as long as it is down shielded to keep light within the boundaries of the site. Motion detectors for security lighting are encouraged in residential zones or adjacent to residences.

7. Noise. At no time shall transmission equipment or any other associated equipment (including, but not limited to, heating and air conditioning units) at any wireless communication facility emit noise that exceeds the applicable limit(s) established in EMC 18.90.140(E).

8. Signage. No facilities may bear any signage or advertisement(s) other than signage required by law or expressly permitted or required by the city.

9. Code Compliance. All facilities shall at all times comply with all applicable federal, state and local building codes, electrical codes, fire codes and any other code related to public health and safety.

10. Building-Mounted WCFs.

a. In residential zones, all transmission equipment shall be concealed within existing architectural features to the maximum extent feasible. Any new architectural features proposed to conceal the transmission equipment shall be designed to mimic the existing underlying structure, shall be proportional to the existing underlying structure or conform to the underlying use and shall use materials in similar quality, finish, color and texture to the existing underlying structure.

b. In residential zones, all roof-mounted transmission equipment shall be set back from all roof edges to limit visibility from the right-of-way to the maximum extent feasible.

c. In all other zones, antenna arrays and supporting transmission equipment shall be installed so as to camouflage, disguise, or conceal them to make them closely compatible with and blend into the setting or host structure.

11. WCFs in the Public Rights-of-Way.

a. Preferred Locations. Facilities shall be located as far from residential uses as feasible, and on main corridors and arterials to the extent feasible. Facilities in the rights-of-way shall maintain at least a 200-foot separation from other wireless facilities (except with respect to DAS or small cells), except when collocated or on opposite sides of the same street.

b. Pole-Mounted or Tower-Mounted Equipment. All pole-mounted and tower-mounted transmission equipment shall be mounted as close as possible to the pole or tower so as to reduce the overall visual profile to the maximum extent feasible while still maintaining required safety clearances. All pole-mounted and tower-mounted transmission equipment shall be painted with flat, nonreflective colors that blend with the visual environment.

c. Exception from Setback Requirements. Setbacks do not apply to facilities in the right-of-way, as shown in Tables 1 and 2.

12. Accessory Equipment. In residential zones, all equipment shall be located or placed in an existing building, underground, or in an equipment shelter or cabinet that is (a) designed to blend in with existing surroundings, using architecturally compatible construction and colors; and (b) located so as to be as unobtrusive as possible consistent with the proper functioning of the WCF.

13. Spacing of Towers. Towers shall maintain a minimum spacing of one-half mile, unless it can be demonstrated that physical limitations (such as topography, terrain, tree cover or location of buildings) in the immediate service area prohibit adequate service by the existing facilities or that collocation is not feasible.

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

15. Backup Power Sources. The city encourages proposed WCFs to include backup power sources, such as batteries or generators, to maintain wireless service in the event of an emergency, such as a natural disaster. So long as the WCF otherwise complies with this chapter, a WCF using such backup power during an emergency will be presumed to neither be detrimental to the public health, safety, and general welfare, nor injurious to, or adversely affect, the uses, property, or improvements adjacent to and in the vicinity of the site upon which the proposed use is proposed to be located.

G. Final Inspection.

1. A certificate of occupancy will only be granted upon satisfactory evidence that the WCF was installed in substantial compliance with the approved plans and photo simulations.

2. Failure to Comply. If it is found that the WCF installation does not substantially comply with the approved plans and photo simulations, the applicant immediately shall make any and all such changes required to bring the WCF installation into compliance.

H. Maintenance.

1. All wireless communication facilities must comply with all standards and regulations of the FCC and any other state or federal government agency with the authority to regulate wireless communication facilities.

2. The site and the wireless communication facilities, including all landscaping, fencing and related transmission equipment, must be maintained at all times in a neat and clean manner and in accordance with all approved plans.

3. All graffiti on wireless communication facilities must be removed at the sole expense of the permittee after notification by the city to the owner, operator, or both of the WCF.

4. If any FCC, state or other governmental license or any other governmental approval to provide communication services is ever revoked as to any site permitted or authorized by the city, the permittee must inform the city of the revocation within 30 days of receiving notice of such revocation.

I. Discontinuation of Use.

1. Any WCF that is no longer needed and its use is discontinued shall be reported immediately by the service provider to the community development director. Discontinued facilities shall be completely removed within six months and the site restored to its preexisting condition.

2. There shall also be a rebuttable presumption that any WCF that is regulated by this chapter and that is not operated for a period of six months shall be considered abandoned. This presumption may be rebutted by a showing that such WCF is an auxiliary backup or emergency utility or device not subject to regular use or that the WCF is otherwise not abandoned. For those WCFs deemed abandoned, all equipment, including, but not limited to, antennas, poles, towers, and equipment shelters associated with the WCF, shall be removed within six months of the cessation of operation. Irrespective of any agreement among them to the contrary, the owner or operator of such unused facility, or the owner of a building or land upon which the WCF is located, shall be jointly and severally responsible for the removal of abandoned WCFs. If the WCF is not thereafter removed within 90 days of written notice from the city, the city may remove the WCF at the owner of the property’s expense or at the owner of the WCF’s expense, including all costs and attorneys’ fees. If there are two or more wireless communications providers collocated on a single support structure, this provision shall not become effective until all providers cease using the WCF for a continuous period of six months.

J. Limits on Issued Permits. Approved conditional and administrative permits for WCFs shall be restricted by the following permit limitations:

1. An approved permit shall be valid for one year from the date of the city’s approval, with an opportunity for a six-month extension. If not issued within the validity time frame, i.e., within 12 or 18 months, the permit shall become null and void.

2. The terms and conditions of an issued, but unused, permit for a WCF shall expire five years after the effective date of the permit approval.

K. Costs Associated with Review of Applications.

1. In addition to the application fee, the applicant shall reimburse the city for costs of professional engineers and other consultants hired by the city to review and inspect the applicant’s proposal. These professional services may include but are not limited to: engineering, technical reviews, legal, planning, hearing examiner, environmental review, critical areas review, financial, accounting, soils, mechanical and structural engineering.

2. The technical expert review may include, but is not limited to (a) the accuracy and completeness of the items submitted with the application; (b) the applicability of analyses and techniques and methodologies proposed by the applicant; (c) the validity of conclusions reached by the applicant; and (d) whether the proposed WCF complies with the applicable approval criteria set forth in this chapter. The selection of the third-party expert may be by mutual agreement between the provider and the city, or at the discretion of the city, with a provision for the provider and interested parties to comment on the proposed expert and review his or her qualifications. The applicant shall pay the cost for any independent consultant fees, along with applicable overhead recovery, through a deposit, estimated by the city, paid within 10 days of the city’s request. When the city requests such payment, the application shall be deemed incomplete for purposes of application processing timelines. In the event that such costs and fees do not exceed the deposit amount, the city shall refund any unused portion within 30 days after the final permit is released or, if no final permit is released, within 30 days after the city receives a written request from the applicant. If the costs and fees exceed the deposit amount, then the applicant shall pay the difference to the city before the permit is issued.

L. Eligible Facilities Requests.

1. Procedure. This subsection describes the sole and exclusive procedure for review and approval of a proposed facilities modification which the applicant asserts is subject to review under Section 6409 of the Spectrum Act. In the event that any part of an application for a project permit approval includes a proposed facilities modification, the proposed facilities modification portion of the application shall be reviewed under this subsection.

2. Nonconforming Structures. This subsection shall not apply to a proposed facility modification to an eligible support structure that is not a legally conforming or legally nonconforming structure at the time the completed eligible facilities modification application is filed with the city.

3. Replacement. This subsection shall not apply to a proposed facility modification to an eligible support structure that will involve replacement of the tower or base station.

4. SEPA Review. Unless otherwise provided by law or regulation, decisions pertaining to eligible facilities requests are exempt from the requirements of RCW 43.21C.030(2)(c).

5. Application. An application for an eligible facilities modification and supplemental submittals are received by the city upon the date such application is filed with the city. In order to be complete, the application must include all of the information and materials required in EMC Title 16.

6. Determination of Completeness. The city shall, within 21 days after receipt of the application, review the application under the procedures set forth in subsection (L)(7) of this section.

7. Time Frame for Review – Approval/Denial.

a. Within 60 days of the date on which an applicant submits an application seeking approval for an eligible facilities request, the city shall either approve the application (unless the application is tolled as set forth in subsection (L)(8) of this section), or determine that the application is not covered by an eligible facilities request.

b. An eligible facilities application shall be approved, and an eligible facilities permit issued, upon determination by the city that the proposed facilities modification is subject to this section and that it does not substantially change the physical dimensions of an eligible support structure. An eligible facilities application shall be denied upon written determination by the city that the proposed facilities modification is not subject to this section or will substantially change the physical dimensions of an eligible support structure. A proposed facilities modification will substantially change the physical dimensions of an eligible support structure if it meets any of the substantial change criteria in Chapter 18.20 EMC (Definitions).

c. An eligible facilities modification permit issued pursuant to this subsection, and any application that has been deemed approved, shall be and is conditioned upon compliance with any generally applicable building, structural, electrical, and health/safety codes.

8. Tolling of Time Frame for Review. The application review period begins to run when the application is received, and may be tolled when the city determines that the application is incomplete and provides notice of an incomplete application; or by mutual agreement between the city and the applicant.

a. To toll the time frame for an incomplete application, the city must provide written notice to the applicant within 30 days of receipt of the application, specifically delineating all missing documents or information required in the application.

b. The time frame for review begins running again when the applicant makes a supplemental submission in response to the city’s notice of incomplete application.

c. Following a supplemental submission by the applicant, the city will notify the applicant within 10 days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The time frame is tolled in the case of second or subsequent notices pursuant to the procedures identified in this subsection. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incomplete application.

9. Failure to Act. In the event that the city fails to approve or deny an eligible facilities request within the time frame for review in subsection (L)(8) of this section (accounting for any tolling), the request shall be deemed approved. The deemed approval does not become effective until the applicant notifies the city in writing after the review period has expired (accounting for any tolling) that the application has been deemed approved. (Ord. 18-526 § 2 (Att. A)).

18.100.120 Marijuana-related uses – Prohibited.

A. Definitions.

1. The definitions in RCW 69.51A.010 (relating to medical cannabis) are hereby adopted by reference.

2. The definitions in RCW 69.50.101 are hereby adopted by reference.

3. “Marijuana-related business” means any facility for the growing, production, processing, transportation, sale and/or delivery of marijuana or marijuana products in accordance with the provisions of Chapter 69.50 RCW. Without limitation of the foregoing, marijuana-related businesses specifically include marijuana producers, marijuana processors and marijuana retailers as defined by Chapter 69.50 RCW. “Cooperatives” as described in RCW 69.51A.250 are included in this definition of “marijuana-related businesses.”

4. “Illegal marijuana uses” means any growing, production, processing, transportation, sale and/or delivery of cannabis or marijuana or marijuana products under Chapters 69.50 and 69.51A RCW which is in violation of either state or federal law; provided, however, that nothing herein shall be construed as criminalizing the growing or manufacture of cannabis by a qualifying patient or designated provider in accordance with RCW 69.51A.040.

B. Prohibition. Cooperatives, marijuana-related businesses and illegal marijuana uses are prohibited in the following zoning districts:

1. All single-family, multifamily and mixed residential zones, including without limitation SF-2, SF-3, SF-5, MR-1, MR-2 and MUR;

2. All town center, commercial and business park zones, including without limitation TC, C, and BP;

3. All industrial zones, including without limitation I;

4. All public zones, including without limitation P; and

5. Any new zoning district established after October 28, 2014.

C. Additional Violations.

1. It is unlawful to own, establish, operate, use or permit the establishment or operation of a marijuana-related business, marijuana cooperative, or to produce, process, dispense, barter, sell or deliver medical or recreational marijuana, except as otherwise allowed in the definition of “illegal marijuana uses” in subsection (A)(4) of this section. This prohibition extends to producers, processors, retailers and collectives, even if the same are licensed by the state of Washington. This prohibition applies to any person who participates as an employee, contractor, agent or volunteer, or in any other manner or capacity, in any marijuana-related business or illegal marijuana use, regardless of whether he/she has a license from the state of Washington.

2. It is unlawful to perform any group marijuana cultivation activities, including cooperatives, anywhere in the city, regardless of whether such group cultivation or cooperatives are addressed in Chapter 69.51A RCW and allowed with a license from the state.

3. It is unlawful to lease, rent, or otherwise allow any site, whether located indoors, outdoors, in any building, premises, location or land in the city, for marijuana-related businesses or illegal marijuana uses, regardless of whether such activity has been licensed by the state of Washington.

4. The city shall not issue any business license for any marijuana-related business or illegal marijuana use. Any business license obtained through misrepresentation of the activities conducted by the individual business or use shall be invalid and of no force and effect.

D. No Vested or Nonconforming Rights. Neither this section nor any other city ordinance, city action, failure to act, statement, representation, certificate, license, approval or permit issued by the city or its departments, or their respective representatives, agents, employees, attorneys or assigns, shall create, confer, or convey any vested or nonconforming right or benefit regarding any marijuana-related business or illegal marijuana use, even if licensed by the state of Washington.

E. Penalty. Violations of this section shall be enforced as set forth in Chapter 18.85 EMC, or, as applicable, the Uniform Controlled Substances Act, Chapter 69.50 RCW. In addition to any other applicable remedy and/or penalty, any violation of this section is declared to be a public nuisance per se, and may be abated by the city attorney under applicable provisions of this code or state law, including but not limited to the provisions of Chapters 1.10, 8.05 and 18.85 EMC. (Ord. 17-502 § 1; Ord. 14-425 § 2).