Chapter 10.40
OVERLAY DISTRICTS AND STANDARDS

Sections:

10.40.005    Purpose.

10.40.010    General standards.

10.40.015    Historic/entertainment overlay (HEO).

10.40.020    Columbia Street overlay (CSO).

10.40.030    Waterfront pedestrian overlay (PO).

10.40.040    Waterfront recreational/residential overlay (RRO).

10.40.050    Waterfront industrial overlay (IO).

10.40.060    Grandview historic district (GHD).

10.40.070    Mixed residential corridor (MRC).

10.40.080    Neighborhood commercial overlay (CNO).

10.40.005 Purpose.

Overlay districts are intended to provide specific controls to support the design standards desired by the community. (Ord. 2017-33 § 1 (Exh. B); Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.40.010 General standards.

Development in district overlays shall meet all applicable provisions of this title and all other rules, regulations and provisions of the WCC, including the following:

(1) Development standards in each overlay are detailed in Chapter 10.46 WCC.

(2) In some cases, uses vary from the underlying zoning district and the overlay in which projects are located; see Chapter 10.10 WCC, District Use Chart. In the case of discrepancies, standards of the overlay shall govern.

(3) Uses permitted in each overlay shall meet all applicable general regulations as detailed in Chapter 10.48 WCC or as modified below.

(4) Signs are permitted in accordance with Chapter 10.50 WCC, Signs, except as specifically modified within this chapter.

(5) Off-street parking shall be provided in the amount prescribed in Chapter 10.60 WCC or as modified below.

(6) Landscaping shall be provided pursuant to Chapter 10.62 WCC. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.40.015 Historic/entertainment overlay (HEO).

This designation applies to the historic/entertainment overlay where the community seeks a vibrant mix of active storefronts featuring specialty stores, restaurants and entertainment. The development character is of historic buildings retained and restored. New infill structures will complement and build on the existing architectural character.

Entertainment uses will feature colorful signs, lit building fronts and inviting entries.

In addition to the general conditions set forth in the CBD zone, development projects within the historic/entertainment overlay shall meet the following additional standards.

(1) Building Orientation. Buildings shall front on Wenatchee Avenue, Chelan, Mission, Yakima, Orondo, Palouse and First and shall be constructed with pedestrian-oriented facades as outlined below.

(a) The primary building entry shall be on these designated streets, with the exception of those buildings that front on more than one street. In this case, a corner entry is preferred, but if deemed impractical, Wenatchee Avenue, Chelan and Mission shall be the primary street.

(b) WCC 10.24.050(9), Blank Wall Limitation, is amended to require the building facade to have at least 75 percent transparent window coverage between the height of two and 10 feet above the sidewalk.

(c) Enclosed commercial space must have a minimum depth of 12 feet measured perpendicular to the front facade.

(2) Maximum Setbacks. No building setback shall be allowed from the property line abutting Wenatchee Avenue, Chelan, Mission, Yakima, Orondo, Palouse or First Streets unless that space between the building and the street is an area which promotes visual and pedestrian access to the abutting structures and which provides pedestrian-oriented amenities and landscaping to enhance the public’s use of the space for passive activities such as resting, reading, picnicking, etc. To qualify as a pedestrian-oriented space, an area must have the following:

(a) Visual and pedestrian access (including barrier-free access) to the abutting structures from the public right-of-way or a nonvehicular courtyard.

(b) Paved walking surfaces of either concrete or approved unit paving.

(c) Lighting below 15 feet in height and providing at least two foot-candles (average) on the ground.

(d) At least three feet of seating area (bench, ledge, etc.) or one individual seat per 60 square feet of plaza area or open space.

(e) The pedestrian-oriented space is encouraged to have:

(i) Landscaping that does not act as a visual barrier.

(ii) Site furniture, artwork, or amenities such as fountains, kiosks, etc.

(f) A pedestrian-oriented space shall not have:

(i) Asphalt or gravel pavement.

(ii) Adjacent chain-link fences.

(iii) Adjacent blank walls without blank wall treatment.

(iv) Adjacent visual barriers which could represent a safety/security hazard.

(3) Building Details.

(a) Entrances. The main public entrances of all buildings must provide weather protection at least six feet in depth. Exception: the primary entrance for residential units must provide weather protection at least three feet in depth.

(b) Ground floor facades must include at least three of the elements listed below. Standard corporate logos or architectural elements will not qualify.

(i) Unique or handcrafted pedestrian-oriented signage.

(ii) Artwork incorporated on the facade.

(iii) Distinctive treatment of windows and/or door(s) (e.g., specially designed doors, multipaned or stained glass windows, etc.).

(iv) Permanent weather protection element such as a glass and/or steel canopy.

(v) Distinctive exterior light fixtures.

(vi) Unique or handcrafted planter boxes or other architectural features that incorporate landscaping.

(vii) Distinctive facade kickplate treatment including the use of stone, marble, tile or other material that provides special visual interest.

(viii) Decorative building material (e.g., tile inlay or band, distinctive masonry pattern, cast stone lintel or pilaster, etc.).

(ix) Other details as approved by the director that add visual interest to the storefronts.

(4) Hanging Baskets. Flower baskets shall be installed and connected to irrigation consistent with similar baskets on street light poles in the HEO.

(5) Wireless Communication Antennas. Any wireless communication antennas shall be integrated into building design such as architectural details, normal appendages (e.g., flagpoles), similar color/materials and not visible from public places.

(6) Parking shall be subject to the same standards as the underlying central business district criteria of WCC 10.24.050(2), Off-Street Parking, (10) Parking Lot Location and Site Access, and (11), Parking Garage Design.

(7) Prohibited signs, in addition to those prohibited elsewhere in this title:

(a) Backlit signs with letters or graphics on a plastic sheet (can sign). Individually lit letters are allowed.

(b) Backlit awnings. (Ord. 2017-33 § 1 (Exh. B); Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.40.020 Columbia Street overlay (CSO).

This designation applies to the Columbia Street overlay where the community envisions the preservation of the industrial flavor of the district, while allowing new uses including loft live/work space, studios for dance or gymnastics and offices. For this district, the development character is focused on maintaining the utilitarian/warehousing history of the district.

Development standards for projects within the Columbia Street overlay are required to meet the underlying CBD zone, with the exceptions described below:

(1) Development in the CSO is exempt from the CBD development standards in WCC 10.24.050(6), Landscaping, 10.24.050(7), Architectural Scale, 10.24.050(8)(b), Limited Materials, 10.24.050(9), Blank Wall Limitation, and 10.24.050(10)(b), existing curb cuts.

(2) Maximum Setback. Zero.

(3) Wall Signs. Historic painted wall signs are encouraged – bold and block letter in style. Existing signage should be preserved.

(4) Pedestrian areas should be defined through the use of bollards spaced at least every 10 feet.

(5) Building Details.

(a) Awnings and Canopies. Flat canopy or shed awning forms are encouraged. Incorporate lighting underneath canopies/awnings.

(b) Loading Docks. A common feature in the warehouse district, loading docks should be preserved and made available for adaptive reuse.

(c) Building Entrances. Distinctive covered and lighted entrances are encouraged.

(d) Accessible Ramps. Where the ground level of the warehouse is above street level, accessible ramps are encouraged that mimic the loading docks in the district.

(6) Wireless Communication Antennas. Any wireless communication antennas shall be integrated into building design and not visible from public places.

(7) Parking shall be subject to the same standards as the underlying central business district criteria of WCC 10.24.050(2), Off-Street Parking. (Ord. 2017-33 § 1 (Exh. B); Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.40.030 Waterfront pedestrian overlay (PO).

This designation applies to those areas on the waterfront (see zoning map) where the community seeks a concentration of activity at the street level with pedestrian-oriented commercial uses, including restaurants, festival retail, and hotels or motels. Residential, lodging and office uses are encouraged on upper floors to add vitality and take advantage of views. Development standards focus on encouraging pedestrian-friendly facades and proper siting and design of parking and service areas.

In addition to the general conditions set forth in the WMU zone, development projects within a pedestrian overlay zone shall meet the following additional standards:

(1) Building Orientation. Buildings shall front on Riverside Drive, Orondo Street and/or the Waterfront Plaza/Park and shall be constructed with pedestrian-oriented facades as outlined below:

(a) The primary building entry shall be from Riverside Drive, Orondo Street, and/or the Waterfront Plaza/Park.

(b) Blank wall limitations shall be consistent with WCC 10.32.050(9) and is amended to require the building facade to have at least 75 percent transparent window coverage between the height of two feet and eight feet above the sidewalk.

(2) Maximum Setbacks. Buildings shall be set back a maximum of five feet from the property line abutting Riverside Drive, Orondo Street, and/or the Waterfront Plaza/Park unless that space between the building and the street is an area which promotes visual and pedestrian access to the abutting structures and which provides pedestrian-oriented amenities and landscaping to enhance the public’s use of the space for passive activities such as resting, reading, picnicking, etc. To qualify as a pedestrian-oriented space, an area must have the following:

(a) Visual and pedestrian access (including barrier-free access) to the abutting structures from the public right-of-way or a nonvehicular courtyard.

(b) Paved walking surfaces of either concrete or approved unit paving.

(c) Lighting below 15 feet in height and providing at least two foot-candles (average) on the ground.

(d) At least three feet of seating area (bench, ledge, etc.) or one individual seat per 60 square feet of plaza area or open space.

(e) The pedestrian-oriented space is encouraged to have:

(i) Landscaping that does not act as a visual barrier.

(ii) Site furniture, artwork, or amenities such as fountains, kiosks, etc.

(f) A pedestrian-oriented space shall not have:

(i) Asphalt or gravel pavement.

(ii) Adjacent chain-link fences.

(iii) Adjacent blank walls without blank wall treatment.

(iv) Adjacent visual barriers which could represent a safety/security hazard.

(3) Gross Floor Area Limits. Tenant space for retail uses listed as permitted grade level commercial street frontage uses in the district use chart is limited to a maximum of 20,000 square feet. Buildings may be larger than this limit; provided, that individual tenant spaces not exceed this maximum size.

(4) Drive-In Prohibited. Drive-in services, including but not limited to food, drink, film, and banking, are not permitted in the pedestrian overlay zone.

(5) Uses. Uses permitted in the pedestrian overlay are listed in the district use chart under PO; uses listed in the WMU are not eligible in the PO unless listed under the PO column. Grade level commercial street frontage shall be limited to uses as listed in the district use chart. Residential uses may be permitted when constructed in a manner that allows for conversion to commercial use. Live/work units are permitted as a ground floor use. Live/work units combine residential and non-residential spaces where the proprietor both lives and works. Ground floor street frontage along Piere Street may be exempt.

This image represents how a live/work unit may function, but is not representative of the architectural scale requirements of the underlying zoning.

(6) Wireless Communication Antennas. Any wireless communication antennas shall be integrated into building design and not visible from public places.

(7) Parking. Parking areas shall be located to the rear of buildings and not front along Riverside Drive, Orondo Street, and/or the Waterfront Plaza/Park except for driveway access to the parking area. (Ord. 2016-22 § 1 (Exh. B); Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.40.040 Waterfront recreational/residential overlay (RRO).

This designation applies to those areas along the waterfront where the community encourages both residential and recreational uses. Office and small-scale retail uses are permitted on the ground and second floors as long as residential or recreational uses are the dominant uses of the site. Permitted building heights extend up to four stories. Development standards are again important, particularly to maintain a high quality of development and to enhance pedestrian access.

In addition to the general conditions set forth in the WMU zone, development projects within a recreational/residential overlay zone shall meet the following additional standards:

(1) Ground Floor Uses. Ground floor uses shall be predominantly recreational or residential uses that are categorized as permitted grade level commercial street frontage uses in the district use chart. Other uses on the ground floor shall be incidental to the recreation and residential uses.

(2) Gross Floor Area Limits. All uses in the WMU zone are allowed, provided the grade level commercial street frontage uses occupy a greater percentage of gross floor area in each building and/or site.

(3) Wireless Communication Antennas. Any wireless communication antennas shall be integrated into building design and not visible from public places. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.40.050 Waterfront industrial overlay (IO).

(1) The WMU district (Chapter 10.32 WCC) applies to any change from an industrial use as permitted in Chapter 10.10 WCC, District Use Chart.

(2) Existing industrial uses are allowed to continue and expand in accordance with the standards of the industrial district (Chapter 10.30 WCC).

(3) The WMU district (Chapter 10.32 WCC) applies to all parcels of land that are vacant for more than one year. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.40.060 Grandview historic district (GHD).

The purpose of the Grandview historic district overlay is to implement special design and review standards that protect and promote the historic character of the Grandview historic district designated to the city of Wenatchee register of historic places pursuant to Chapter 2.36 WCC.

(1) The city of Wenatchee document entitled “Grandview Historic District Preservation Handbook” dated February 13, 2013, is hereby adopted by this reference and declared to be a part of this title. Said provisions contained in the handbook shall apply to all properties located within the Grandview historic district boundaries. A copy of the Grandview Historic District Preservation Handbook shall be kept on file in the office of the community development department.

(2) The listed “Standards” found in the preservation handbook are required to be followed on portions of properties visible from the street to preserve the historic character of the district as a whole. For this purpose, alleys are not considered public streets. Visible from a public street shall be determined by whether the work is visible from any location while standing on the public sidewalk in front of the subject property and standing on the sidewalk in front of adjacent properties. “Options and Guidance” provisions included in the handbook are not required provisions. They provide additional information for meeting the intent of each section, and provide alternative options to meet the intent that may require historic preservation board approval and/or staff review.

(3) Pre-Approved Actions. The following actions shall comply with applicable provisions of the Grandview Historic District Preservation Handbook, but shall not be subject to any historic preservation review. An action listed below does not guarantee that another city permit or approval is not required.

(a) “Emergency repair,” defined as work necessary to prevent destruction or dilapidation to real property, including any structures, immediately threatened or damaged by fire, flood, earthquake or other disaster.

(b) Interior reconstruction, alteration, restoration, remodeling or repair.

(c) “Ordinary maintenance and minor repair,” defined as work for which a city permit is not otherwise required, and where the purpose and effect of such work is to correct any deterioration, decay or damage to real property, including any structures, and to restore it to its prior condition with like or same materials, including but not limited to:

(i) Exterior painting or staining;

(ii) Foundations;

(iii) Siding, trim, or masonry (tuck pointing);

(iv) Roofing;

(v) Windows.

(d) Life safety and/or accessibility improvements not requiring a city building permit and constructed in a temporary fashion without damaging the integrity of the existing structure.

(e) Landscaping improvements, including hose reels and sprinklers.

(f) Fences and retaining walls not visible from a public street.

(g) Window air units and satellite dishes.

(h) Gutters and downspouts.

(i) Signs exempt from Chapter 10.50 WCC, Signs, pursuant to WCC 10.50.020.

(4) Actions Subject to Historic Preservation Staff Approval. The following actions shall be subject to the review of historic preservation staff as a Type 1 application in accordance with WCC Title 13 for compliance with applicable provisions of the Grandview Historic District Preservation Handbook. All decisions of the historic preservation staff are subject to appeal in accordance with Chapter 13.11 WCC, Appeals.

(a) Any exterior work located on the rear and/or sides of a primary or accessory structure and not visible from a public street.

(b) Exterior work to a primary or accessory structure visible from a public street, retaining the size, placement, style, features and materials of original features.

(c) New mechanical and electrical equipment, including but not limited to solar panels, heating and air conditioner units, and propane tanks, located to the side of the primary structure and not visible, or screened from view (such as with landscaping or fencing), from a public street.

(d) New driveways or parking pads.

(e) New detached accessory structures not visible from a public street.

(f) Demolition of any primary or accessory structure.

(g) Fences and retaining walls visible from a public street.

(h) Signs not exempt from Chapter 10.50 WCC, Signs.

(i) Replacement or other changes to utility appurtenances by utility purveyors.

(5) Actions Subject to Historic Preservation Board Approval. The following actions shall be subject to the review of the historic preservation board in accordance with WCC 2.36.170 for compliance with applicable provisions of the Grandview Historic District Preservation Handbook. All decisions of the historic preservation board are subject to appeal in accordance with Chapter 13.11 WCC, Appeals.

(a) New construction, including new accessory structures, visible from a public street.

(b) Rooftop and/or building additions visible from a public street.

(c) Exterior work visible from a public street not listed above, such as use of different materials, modification of original features, etc.

(d) Alternative compliance, in accordance with the provisions listed in subsection (6) of this section.

(e) Individual property addition to or removal from the Grandview historic district, in accordance with the provisions listed in subsection (7) of this section.

(f) Utility appurtenance changes by utility purveyors that significantly alter the look of the district, as determined by staff.

(g) Relocating or adding overhead utilities to a public street, not including alleys.

(h) Geometric reconfiguration of streets, including traffic calming and street reconstruction.

(i) Permanent removal of planter strips and/or street trees without replacement, unless determined by the city engineer that removal addresses a safety problem.

(j) Modifications to the Chase Park master plan.

(6) Alternative Compliance. In certain circumstances an applicant might propose an alternative approach that meets the overall intent of the historic district and does not change a property from contributing to noncontributing status. The following process shall be followed to grant alternative compliance to any of the standards listed in the Grandview Historic District Preservation Handbook.

(a) An application for alternative compliance shall be made in writing prior to consideration by the historic preservation board. The application shall contain the following information:

(i) The standard(s) that are proposed for deviation.

(ii) Written documentation demonstrating why the proposed alternative compliance will not negatively impact the Grandview historic district or surrounding properties.

(iii) Drawings and/or illustrations of the proposed project.

(b) The historic preservation board shall review any alternative compliance request and approve alternative compliance only when the following findings are made:

(i) The proposed project will not negatively impact the district or surrounding properties.

(ii) The proposed construction meets the intent of the district and standards.

(iii) Granting of the alternative compliance does not change the historic district status of the property from “contributing” to “noncontributing.” A “contributing” property meets the criteria for listing on a register of historic places and/or may add to the historic inventory of a district versus “noncontributing” which is a property that has been altered from original design and no longer retains its historic quality.

(7) Individual Property Addition to or Removal from the Grandview Historic District. The following criteria and process shall guide any proposed boundary changes that may come from property owners wishing to have their properties added to or removed from the district.

(a) Any request for individual property addition to or removal from the Grandview historic district will be docketed, consistent with the city’s annual comprehensive plan amendment schedule, and all requests will be considered concurrently during the annual comprehensive plan amendment process.

(b) Requests shall be considered by the historic preservation board at a public hearing. The board’s recommendation will be forwarded to the planning commission and then city council for final action. All property owners within the Grandview historic district shall receive a public notice of the request and public hearing with the board.

(c) Property proposed for addition or removal must not cause the percentage of contributing properties within the Grandview historic district boundaries to drop below 75 percent. Removal of property that is designated as contributing is strongly discouraged.

(d) Property proposed for addition or removal must be on the edge of the district, providing logical boundaries that are parallel and/or perpendicular to common streets.

(e) Property proposed for removal must provide a plan to show how exemption of property from the Grandview historic district will not harm the district. The plan must address issues including but not limited to:

(i) Adequate transition buffers if change of use or new construction is in the plan;

(ii) Meet all existing development codes;

(iii) Must be compatible in scale to properties adjacent, etc.

(f) A notice to title removing or adding a property to the Grandview historic district shall be recorded with the auditor’s office in a form acceptable to the city, and paid for by the property owner.

(8) Removal of Grandview Historic District from Wenatchee Register of Historic Places. Property owners may submit a petition to the city council signed by a minimum of 20 percent of Grandview historic district property owners, requesting the city to sponsor a vote to remove the district from the Wenatchee register of historic places. The city council may accept or deny the petition and sponsor a vote of all GHD property owners. The vote shall be conducted and paid for by the city similar to an official election process, including the use of secret ballots and county assessor property owner records. Ballots will be circulated to all property owners and shall be returned by mail or placed in a drop-box at City Hall by the date specified. Each property owner shall have one vote per property. In order for removal of the Grandview historic district to be approved by the city, a simple majority of property owners (not a simple majority of ballots received) within the district shall support the removal of the district. (Ord. 2013-09 § 2; Ord. 2011-05 § 2; Ord. 2010-37 §§ 1, 2; Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.40.070 Mixed residential corridor (MRC).

Arterial corridors provide opportunities for infill, redevelopment and neighborhood services and serve as areas of higher density residential units which provide open space and multimodal facilities. The mixed residential corridor (MRC) is designated along arterial streets with high traffic volumes, multifamily units, public buildings and/or other nonresidential land uses. It is suitable for a range of residential, mixed use and nonresidential structures.

This section is applicable to properties within the MRC overlay as designated on the official zoning map that have street frontage and is only applicable to that portion of the property that is within 200 feet of the identified arterial street frontage. Properties, or the portion thereof, that are farther than 200 feet from the identified public right-of-way shall go through the conditional use process before the MRC overlay may apply.

All permitted, accessory, conditional and prohibited uses within this overlay shall be as shown in Chapter 10.10 WCC, District Use Chart.

Development in this overlay shall meet all of the applicable provisions of this title and all other rules, regulations and provisions of the WCC, and in addition shall comply with the following:

(1) Streetscape.

(a) Primary building entrances shall be oriented towards the street and have direct pedestrian access from the public sidewalk.

(b) All entrances shall have and maintain lighting, excluding those for single-family residential.

(c) When new or reconstructed sidewalks are required with development they shall be at least eight feet in width.

(d) All lighting shall be pedestrian-oriented.

(2) Maximum height limits may be increased by one additional story, no more than 14 feet high, when parking is included as a story or is below grade; provided, that at a minimum, the additional story is “stepped back” at least six feet from the preceding floor to allow for larger buildings to appear in scale with surrounding smaller buildings and dwellings.

(3) All development shall comply with applicable standards in Chapter 10.46 WCC, Development Standards Charts, Chapter 10.48 WCC, General Regulations, Chapter 10.50 WCC, Signs, Chapter 10.60 WCC, Off-Street Parking, and Chapter 10.62 WCC, Landscaping and Screening.

(4) Corridor mixed use projects are subject to the following provisions:

(a) Not permitted within existing single-family dwellings.

(b) Nonresidential uses permitted as denoted in Chapter 10.10 WCC, District Use Chart.

(c) No nonresidential space shall be greater than 2,500 square feet.

(d) Commercial/retail uses shall consist of no more than 50 percent of the overall square footage of all of the buildings within one development and shall be located fully within 200 feet of the front lot line.

(e) Ground floor facades facing the public right-of-way (except alleys) shall be at least 30 percent transparent (display windows) from two to eight feet above grade. They should also include two or more of the following building elements or details to add pedestrian interest:

(i) Pedestrian-scaled lighting;

(ii) Pedestrian weather protection;

(iii) Artwork;

(iv) Benches; or

(v) Other pedestrian-oriented amenities that meet the intent as approved.

(f) Entryways shall provide weather protection.

(g) Any space between the street and the building shall be pedestrian-oriented, including but not limited to courtyards, outdoor seating, special lighting, and art features.

(h) Roof lines shall be varied at least every 24 feet so their apparent mass and height is minimized. (Ord. 2011-49 § 3 (Exh. A); Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.40.080 Neighborhood commercial overlay (CNO).

The intent of the neighborhood commercial overlay is to provide an opportunity for neighborhood-scale commercial development while providing for residential options of the underlying zoning districts.

(1) Properties located within a CN overlay may develop in accordance with their underlying residential zoning district uses and standards.

(2) Applications for properties located within a CN overlay to develop in accordance with the neighborhood commercial zoning district uses and standards shall be processed as a Type III application in accordance with WCC Title 13 and shall be reviewed for:

(a) Compatibility with surrounding properties.

(b) Consistency with the intent and standards of Chapter 10.22 WCC, Neighborhood Commercial (CN) District.

(c) Consistency with the goals and policies of the Wenatchee urban area comprehensive plan.

(3) The processing of the Type III application shall contain provisions for rezoning the subject property to the neighborhood commercial (CN) zoning district at time of approval. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))