Chapter 18.90
ELECTRIC VEHICLE INFRASTRUCTURE

Sections:

18.90.010    Purpose.

18.90.020    Definitions.

18.90.030    Applicability.

18.90.040    Electrical vehicle charging stations – Generally.

18.90.050    Prohibitions.

18.90.060    Noticing of electric vehicle charging stations.

18.90.070    Violations and enforcement.

18.90.010 Purpose.

The purpose of this chapter is to ensure that the City of Ferndale meets the requirements in HB 1481 to allow electric vehicle infrastructure as a “use” in all areas, except those zoned for residential or resource use or critical areas. It is also the intent to allow Level 1, Level 2, and Level 3 charging stations (with some limitation) in residential and resource zones and critical areas, given that the statute contains no prohibition on allowing this infrastructure in any zones.

This chapter is also intended to provide guidance related to accessible use of EV charging stations for all users, and to clarify how these stations are different than typical parking spaces in terms of accessibility regulations. (Ord. 1655 § 1, 2011)

18.90.020 Definitions.

“Battery charging station” shall mean an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540. Level 1 and Level 2 battery charging stations, slow and medium, respectively, are considered appurtenant to residential uses and are thereby permitted within residential zoning districts.

“Battery electric vehicle (BEV)” shall mean any vehicle that operates exclusively on electrical energy from an off-board source that is stored in the vehicle’s batteries, and produces zero tailpipe emissions or pollution when stationary or operating.

“Battery exchange station” shall mean a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by Chapter 19.27 RCW and consistent with rules adopted under RCW 19.27.540.

“Charging levels” shall mean the standardized indicators of electrical force, or voltage, at which an electrical vehicle’s battery is recharged. The terms 1, 2, and 3 are the most common EV charging levels, and include the following specifications:

•    Level 1 is considered slow charging.

•    Level 2 is considered medium charging.

•    Level 3 is considered fast or rapid charging.

“Electric scooters and motorcycles” shall mean any two-wheel vehicle that operates exclusively on electrical energy from an off-board source that is stored in the vehicle’s batteries and produces zero emissions or pollution when stationary or operating.

“Electric vehicle” shall mean any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on-board for motive purpose. “Electric vehicle” includes: (1) a battery electric vehicle; (2) a plug-in hybrid electric vehicle; (3) a neighborhood electric vehicle; and (4) a medium-speed electric vehicle.

“Electric vehicle charging station” shall mean a public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electrical vehicle. An electric vehicle charging station equipped with Level 1 or Level 2 charging equipment is permitted outright as an accessory use to any principal use.

“Electric vehicle charging station – public” shall mean an electric vehicle charging station that is (1) publicly owned and publicly available (e.g., park and ride, public library parking lot, on-street parking, etc.) or (2) privately owned and publicly available (e.g., shopping center parking, nonreserved parking in multifamily parking lots, etc.).

“Electric vehicle charging station – restricted” shall mean an electric vehicle charging station that is (1) privately owned and restricted access (e.g., single-family home, executive parking, designated employee parking) or (2) publicly owned and restricted (e.g., fleet parking with no access to the general public).

“Electric vehicle infrastructure” shall mean structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations.

“Electric vehicle parking space” shall mean any marked parking space that identifies the use to be exclusively for the parking of an electric vehicle.

“Medium-speed electric vehicle” shall mean a self-propelled, electrically powered four-wheeled motor vehicle, equipped with a roll cage or crush-proof body design, whose speed attainable in one mile is more than 25 miles per hour but not more than 35 miles per hour and otherwise meets or exceeds the federal regulations set forth in 49 CFR 571.500.

“Neighborhood electric vehicle” shall mean a self-propelled, electrically powered four-wheeled motor vehicle whose speed attainable in one mile is more than 20 miles per hour and not more than 25 miles per hour and conforms to federal regulations under 49 CFR 571.500.

“Nonelectric vehicle” shall mean any motor vehicle that does not meet the definition of “electric vehicle.”

“Plug-in hybrid electric vehicle (PHEV)” shall mean an electric vehicle that (1) contains an internal combustion engine and also allows power to be delivered to drive wheels by an electric motor; (2) charges its battery primarily by connecting to the grid or other off-board electrical source; (3) may additionally be able to sustain battery charge using an on-board internal-combustion-driven generator; and (4) has the ability to travel powered by electricity.

“Rapid charging station” shall mean an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels and that meets or exceeds any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540. (Ord. 1655 § 1, 2011)

18.90.030 Applicability.

A.    Electric vehicle charging stations, including but not limited to EV charging stations, rapid charging stations and battery exchange stations, shall be applied to and are permitted in the following zones/developments:

1.    Urban Residential (UR);

2.    City Center (CC);

3.    Mixed Use Commercial District (C3/MXD);

4.    Highway Commercial (HC);

5.    General Business (C5/GBZ);

6.    Gateway Development District (C6/GDD);

7.    Regional Retail (C7/RRZ);

8.    General Commercial (GC);

9.    Light Industrial (LI);

10.    Manufacturing (M);

11.    Commercial planned unit development;

12.    Public/Institutional (P/I).

B.    Level 1 and Level 2 battery charging stations, slow and medium, respectively, are considered appurtenant to residential uses and are thereby permitted within residential zoning districts. (Ord. 1655 § 1, 2011)

18.90.040 Electrical vehicle charging stations – Generally.

A.    Electric vehicle charging stations are reserved for parking and charging electric vehicles only.

B.    Electric vehicles may be parked in any space designated for public parking, subject to the restrictions that would apply to any other vehicle that would park in that space. (Ord. 1655 § 1, 2011)

18.90.050 Prohibitions.

A.    Pursuant to FMC 18.90.070, when a sign authorized under FMC 18.90.060 provides notice that a space is a designated electric vehicle charging station, no person shall park or stand any nonelectric vehicle in a designated electric vehicle charging station space. Any nonelectric vehicle is subject to fine or removal.

B.    Pursuant to FMC 18.90.070, any electric vehicle in any designated electric vehicle charging station space and not electrically charging or parked beyond the days and hours designated on regulatory signs posted at or near the space shall be subject to a fine and/or removal. For purposes of this subsection, “charging” means an electric vehicle is parked at an electric vehicle charging station and is connected to the charging station equipment. (Ord. 1655 § 1, 2011)

18.90.060 Noticing of electric vehicle charging stations.

The City of Ferndale Public Works Engineer or owner(s) of private electric vehicle charging stations shall cause appropriate signs and marking to be placed in and around electric vehicle charging station spaces, indicating prominently thereon the parking regulations. The signs shall define time limits and hours of operation, as applicable, shall state that the parking space is reserved for charging electric vehicles and that an electric vehicle may only park in the space for charging purposes. Violators are subject to a fine and/or removal of their vehicle. (Ord. 1655 § 1, 2011)

18.90.070 Violations and enforcement.

Violations of this chapter shall be punished in accordance with Chapter 1.12 FMC. (Ord. 1933 § 3 (Exh. 3), 2016; Ord. 1655 § 1, 2011)