Chapter 10.48
GENERAL REGULATIONS

Sections:

10.48.010    Purpose.

10.48.020    Access.

10.48.030    Accessory structures.

10.48.040    Accessory dwelling units (ADU).

10.48.050    Residential structures.

10.48.060    Cottage housing.

10.48.070    Duplexes.

10.48.080    Multifamily development (three or more attached or detached dwelling units).

10.48.090    Pedestrian connections.

10.48.100    Bed and breakfasts.

10.48.110    Farm animals.

10.48.120    Bus amenities.

10.48.130    Family day care.

10.48.140    Mailing-address-only home occupation.

10.48.145    Home occupation.

10.48.150    Slope protection.

10.48.160    Vehicle parking.

10.48.180    Fences and clear view triangle.

10.48.190    Swimming pools.

10.48.200    Travel trailers/motor, mobile and manufactured homes.

10.48.210    Adult entertainment businesses.

10.48.215    Adult oriented retail.

10.48.220    Outdoor mobile vendors.

10.48.230    Wireless communication facilities.

10.48.240    Refuse storage.

10.48.250    Historic building floating zone.

10.48.260    Outdoor displays.

10.48.270    Electric vehicle infrastructure.

10.48.280    Child day care center – Accessory use.

10.48.290    Medical cannabis.

10.48.300    Artisanal industrial/manufacturing.

10.48.010 Purpose.

The purpose of the general regulations is to provide a concise reference to requirements that are common to many different zoning districts, thereby providing a more efficient utilization of this code. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.48.020 Access.

The following regulations shall apply to all zoning districts and overlays:

(1) Lots of record which have no recognized public or private street frontage shall demonstrate legal access prior to the issuance of any development permits for said lot.

(2) Egress and ingress points along all locally classified principal arterials, minor arterials, and collectors shall:

(a) Be no closer than 100 feet from another access within the same development project.

(b) When feasible, be no closer than 150 feet from a minor arterial intersection or 250 feet from a principal arterial intersection.

(3) Driveway widths at the curb cut shall be 24 to 30 feet for non-single-family residential development and a maximum of 14 to 24 feet for single-family and duplex residential development.

(4) On a corner lot, access shall be from the lower classified street as depicted in the circulation map of the Wenatchee urban area comprehensive plan. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.48.030 Accessory structures.

All accessory structures where allowed by Chapter 10.10 WCC, District Use Chart, shall meet the following standards unless otherwise regulated within this code:

(1) Detached garages and other residential accessory building footprints shall not exceed 900 square feet or 60 percent of the floor area of the principal structure’s various floors, including attached garages, and excluding basement areas, whichever is greater.

(2) Agricultural accessory buildings on properties greater than one acre in size are exempt from the standard in subsection (1) of this section. Any person that can demonstrate an existing or specific viable agricultural use on property less than one acre may be granted this exception from the director.

(3) Accessory structures shall not be used as a place of human habitation unless expressly permitted otherwise by this title and city building and life safety codes.

(4) Accessory structures may observe reduced setbacks. See Chapter 10.46 WCC, Development Standards Charts.

(5) No accessory structure shall occupy any part of a required front yard area, except as otherwise allowed.

(6) A membrane-roofed structure less than 200 square feet for the purpose of storage or parking is allowed outright and does not have to adhere to setbacks.

(7) A membrane-roofed structure more than 200 square feet for the purpose of storage or parking is allowed outright and shall meet setbacks applicable to accessory structures.

(8) A metal-roofed structure less than 200 square feet for the purpose of storage or parking is allowed outright and shall meet setbacks applicable to accessory structures.

(9) A metal-roofed structure more than 200 square feet for the purpose of storage or parking requires a building permit and shall meet setbacks applicable to accessory structures. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.48.040 Accessory dwelling units (ADU).

All accessory dwelling units where allowed by Chapter 10.10 WCC, District Use Chart, shall meet the following standards unless otherwise regulated within this code.

The purpose of this section is to regulate the establishment of accessory dwelling units within or in conjunction with single-family dwellings while preserving the character of single-family neighborhoods. The primary purpose of this section shall be to permit additional living quarters within predominantly single-family residential neighborhoods in order to: make it possible for adult children to provide care and support to a parent or other relatives in need of assistance; provide increased security and companionship for homeowners; provide the opportunity for homeowners to gain the extra income necessary to help meet the rising costs of home ownership; or to provide for the care of disabled persons within their own homes.

Accessory dwelling units (ADU) shall meet all of the following standards:

(1) An ADU may be created within, or detached from, any existing or new single-family dwelling as a subordinate use.

(2) No more than one ADU may be created per legal lot of record.

(3) The minimum lot size eligible for an ADU shall be the underlying zoning district minimum lot size plus 1,500 square feet.

(4) Only the property owner, which shall include title holders and contract purchasers, may apply for an ADU. The property owner must occupy either the primary dwelling or the ADU as their principal residence for at least six months of the year.

(5) One off-street parking space shall be provided in addition to off-street parking that is required for the primary dwelling, and located behind the front yard setback.

(6) The ADU shall be designed to maintain the appearance of the primary dwelling as a single-family dwelling. Roof pitches, siding and windows of any new construction to house the ADU shall be similar and complementary to the primary dwelling.

(7) In no case shall an ADU be larger than 40 percent of the habitable floor area of the principal dwelling, nor more than 800 square feet of gross floor area.

(8) The ADU shall include, at a minimum, kitchen, bathroom and sleeping facilities.

(9) Detached accessory dwelling units shall meet rear and side yard accessory structure setback requirements and shall be set back equal to or further than the primary dwelling from the front property line.

(10) If a separate outside entrance is necessary for an ADU located within the primary dwelling, that entrance must be located either on the rear or side of the building.

(11) A home occupation may be permitted in either the primary dwelling or the ADU but not in both.

(12) An ADU shall not be subdivided or otherwise segregated in ownership from the primary dwelling unit.

(13) Utilities for an ADU shall be metered jointly with the primary dwelling except as otherwise required by ordinance.

(14) An address for an ADU shall be the same as the primary dwelling unit with a “B” added to the end of the address number.

(15) The property owner shall file a restrictive covenant with Chelan County’s auditor’s office for the subject property prior to final building inspection approval for the ADU. The recorded information shall:

(a) Identify the address of the property;

(b) State that the owner(s) resides in either the principal or accessory dwelling unit;

(c) State that the owner(s) will notify any prospective purchasers of the limitations of the ADU;

(d) State that the ADU shall not be subdivided or otherwise segregated in ownership from the primary dwelling unit; and

(e) Provide for the removal of the ADU if any of the requirements of this title are violated. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.48.050 Residential structures.

All residential structures where allowed by Chapter 10.10 WCC, District Use Chart, shall meet the following standards unless otherwise regulated within this code. All residential dwellings shall meet the following provisions:

(1) All dwellings shall be placed on a permanent foundation with the space between the bottom of the home and the ground enclosed by concrete or an approved concrete product which can be either load-bearing or decorative.

(2) A dwelling shall be not less than 14 feet in width at the narrowest point of its first story.

(3) All designated manufactured homes located within the city on an individual lot of record, not within a manufactured home park, shall be new, not previously titled to a retail purchaser, no more than three years old on the date of installation, and composed of at least two fully enclosed parallel sections.

(4) Garage fronts (attached or detached) shall occupy no more than 50 percent of the total wall surface of the front building facade, unless one or more of the following architectural details are utilized:

(a) Angled facets, including bay windows, covered entrances, and other similar features projecting out from the front facade at least three feet.

(b) Architectural features above the garage: windows, overhangs, or other architectural projections.

(c) Window openings on the front facade, not including openings into the garage, equal to no less than one-half (50 percent) of the surface area of the garage doors.

(d) Landscaping and maintaining the planter strip, located between the sidewalk and public right-of-way, with deciduous trees spaced no more than 25 feet apart; trees can be planted in groups, so long as there is at least one tree per 25 feet of street frontage. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.48.060 Cottage housing.

All cottage housing where allowed by the district use chart, Chapter 10.10 WCC, shall meet the following standards unless otherwise regulated within this code.

Cottage housing is meant to offer the benefits of single-family housing combined with the lower cost and maintenance of such housing. They provide housing types that are responsive to changing household demographics (e.g., retirees, small families, young professionals), provide opportunities for more affordable housing within single-family neighborhoods; encourage creation of functional usable open space in residential communities; promote neighborhood interaction and safety through design; ensure compatibility with neighboring uses; and, provide opportunities for infill development consistent with goals of the Wenatchee urban area comprehensive plan.

The following regulations shall apply to all cottage housing developments:

(1) Cottage housing development options include ownership, rental, condominium, and subdivision.

(2) Cottage subdivisions shall be processed as a residential planned development subject to subsection (9) of this section. Approval of a cottage housing development does not constitute approval of a planned development or subdivision.

(3) Cottage housing developments shall be exempt from the underlying zoning district standards for minimum lot size, minimum lot dimensions, and maximum number of primary dwelling units.

(4) Site Design.

(a) Dwellings within a cottage housing development should be oriented to promote a sense of community, both within the development, and with respect to the larger community, outside of the cottage project. A cottage development should not be designed to “turn its back” on the surrounding neighborhood.

(b) Minimum development setbacks from exterior property lines shall be 20 feet from public streets and 10 feet from neighboring properties. Internal setbacks not abutting an exterior property line shall be determined consistent with building and fire code standards.

(c) A single cottage housing development shall include a minimum of four dwelling units, up to a maximum of 24 units.

(d) Carriage units are permitted within a cottage development; provided, no more than one-third of the total units within a cottage development are carriage units.

(e) Common open space shall be provided in a centrally located focal area for the development and abut at least 50 percent of the cottages in the development; direct access to the common open space shall be provided for each cottage by a paved walkway.

(f) One existing single-family dwelling may be incorporated into a cottage housing development of six or more cottages as a residence. Nonconforming residences with respect to architectural standards shall be permitted.

(g) A cottage housing development may contain one community building that is clearly incidental in use and similar in size and architectural design of cottages. Such community building shall be located on the same site as the cottage housing development and be commonly owned by the residents.

(h) Cul-de-sacs are not permitted within a cottage development, unless site infeasibility can be demonstrated.

(5) Architectural Design.

(a) The total floor area for cottages shall range between 650 square feet to 1,500 square feet; provided, the ground floor is not greater than 1,000 square feet. Carriage units shall not exceed 800 square feet in floor area.

(b) Maximum height for dwellings shall be 25 feet where roof slope of 6:12 for all parts of the roof above 18 feet are provided. Otherwise 18 feet.

(c) Developments shall provide a variety of unit sizes within a single development and incorporate a variety of building styles, features, and colors. Dwellings with the same combination of features and treatments shall not be located adjacent to each other. Identical architectural elements shall not be repeated in more than 25 percent of the cottages in the development.

(d) Each dwelling unit that abuts a common open space shall have a primary entry and covered porch at least 64 square feet in area, with no dimension less than eight feet, oriented to the common open space and unenclosed.

(e) Where feasible, perimeter dwelling units abutting a public right-of-way (not including alleys) shall have an inviting facade, with a secondary entrance or porch, oriented to the public right-of-way.

(f) Carriage units shall be designed to mimic architectural styles of cottages.

(6) Open Space.

(a) A minimum of 200 square feet of common open space shall be provided per dwelling unit. Common open space within a development shall be a minimum of 1,000 square feet in size, regardless of the number of dwelling units.

(b) Each cottage unit shall include a minimum of 200 square feet of private open space (in addition to common open space). The private open space shall have no dimension less than 10 feet and be located adjacent to the unit which it serves. Examples include lawn area, courtyards and patios. Carriage units are not required to provide open space.

(c) Common open space shall be improved for passive or active recreational use. Examples may include, but are not limited to, courtyards, orchards, landscaped picnic areas or gardens.

(d) Fences are not allowed within any common open space area.

(e) Surface water management facilities shall be included in the open space calculation for meeting minimum requirements, if it can be demonstrated that they are designed so that residents can use the space similar to other open space designations.

(7) Parking.

(a) Each cottage dwelling unit shall provide at least one off-street parking space per bedroom, up to two parking spaces per unit. Carriage units shall provide one off-street parking space.

(b) Private garages are allowed to be attached to or detached from individual cottages if less than 250 square feet in size, set back 10 feet from the primary facade, and accessible by an alley or shared driveway. Private garages shall match the architectural style of the cottage.

(c) Enclosed parking areas are encouraged to be clustered, with no more than three parking spaces together within one structure not greater than 800 square feet. Individual garage doors shall be one car width.

(d) Surface parking lots shall be located along the perimeter of cottage developments and broken into sublots of no more than six parking spaces, separated by a minimum distance of 20 feet. Landscaping in form of hedges or architectural barriers is required to screen surface parking lots for neighboring properties and common open spaces.

(8) Landscaping.

(a) Cottage housing developments shall adhere to the landscape and screening chapter, Chapter 10.62 WCC. Overall, landscaping should reflect a typical residential setting, to include at a minimum lawn area and shrubs.

(9) Cottage Housing Requirements for Subdivision.

(a) Chapter 10.42 WCC, Planned Developments, shall be used for the processing of any cottage housing subdivision, provided WCC 10.42.060(3), Zoning Requirements, shall not be subject to cottage housing.

(b) Common open space shall be located in a separate tract or tracts, and owned in common by all property owners.

(c) Covenants enforced by a homeowner’s association shall be required to include the perpetual maintenance of all common areas and open spaces and preclude the conversion to another use. (Ord. 2011-49 § 4 (Exh. B); Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.48.070 Duplexes.

All duplexes where allowed by Chapter 10.10 WCC, District Use Chart, shall meet the following standards unless otherwise regulated within this code.

The intent of these standards is to allow for residential infill that is compatible with the character and scale of existing residential neighborhoods without adversely impacting neighbors, the broader neighborhood, and the community as a whole. Conversion of single-family dwelling units adding 20 percent or less of the existing gross floor area shall be exempt from standards for the roof and front forward garages.

(1) Minimum Lot Size. The minimum lot size in the RM zoning district is 10,000 square feet for one duplex. In all other applicable zoning districts, minimum lot sizes apply as depicted in Chapter 10.46 WCC.

(2) Building Elevation Plans. The same building street-front elevation design shall not be utilized on consecutive lots. “Flip-flopping” of front facades is not permitted; except, upon demonstration to the director that the alteration of building facades, materials and/or methods would provide comparable visual diversity and individual identity to the duplexes as different building elevation plans. Materials and/or methods which may be utilized to achieve visual diversity include, but are not limited to, differing siding material, building modulations and roof line variations.

(3) Off-Street Parking. Each dwelling unit shall have two parking spaces, at least one covered in a carport or garage.

(4) Access. Access to principal or minor arterial streets shall be limited to a single shared driveway per duplex unit, unless accessed from an alley.

(5) Architectural Design. At least two of the architectural design features listed below must be utilized to establish variety in architectural massing consistent with, and complementary to, the scale of single-family houses:

(a) Modulating building facade characterized by facade intervals no wider than 24 feet with at least a two-foot offset between each interval;

(b) Angled facets, including bay windows, covered entrances, and other similar features projecting out from the front facade at least three feet;

Example of Duplex Front Facade Modulation

(c) Between stories of a building, a change in materials separated by continuous horizontal trim bands, or a recess or projection of at least two feet (credit for this option applies only toward multistory buildings);

(d) Between modulated facade intervals, a change in materials and/or siding types;

(e) Garage doors and front entry doors facing different directions than the doors of the abutting unit in such a manner as to avoid a mirror-image design in the facade and so that, in elevation view, the structure’s overall door and window configurations resemble a single-family house;

(f) Landscape the length of the front facade in accordance with the landscaping and screening provisions in WCC 10.62.100(5), residential zones facade buffer planting, with the additional requirement of trees spaced no more than 25 feet apart. Landscaping that is within 15 feet of the building facade can be used to meet this requirement.

(6) Unit Entrances. Multiple entrances to separate units which are visible to the street shall include at least two of the following entrance features:

(a) Porches protected by a roof overhang or canopy;

(b) Wall material within the entryway that is different and distinct from the material of the front facade;

(c) Front entry door facing a different direction than the door of the abutting unit.

(7) Roofs. All duplexes shall have a roof pitch no less steep than 4:12 for coverage of no less than 65 percent of the structure. For duplexes exceeding one story in height, no ridgeline shall be greater than 24 feet in length without a five-foot vertical or sloped offset that creates a new ridgeline that is at least 10 feet in length.

(8) Front Forward Garages. Structures with garages placed forward of the living portion of the dwellings shall contain window openings on the front facade, not including openings into the garage, equal to no less than one-half (50 percent) of the surface area of the garage doors for two-story structures and no less than one-third (30 percent) of the surface area of the garage doors for single-story structures.

Example of Front Forward Garage Facade Standard

(9) Orientation to the Street. Any exterior wall visible from the public right-of-way, not including alleys, shall contain proportionally at least as many windows, trim, siding and other architectural details as on the front elevation of the duplex structure. In the case of conversion of single-family dwelling units, adding 20 percent or less of the existing gross floor area, the intent of this requirement may be met by landscaping the applicable facade in accordance with the landscaping and screening provisions in WCC 10.62.100(5), residential zones facade buffer planting, with the additional requirement of trees spaced no more than 25 feet apart. Landscaping that is within 15 feet of the building facade can be used to meet this requirement.

Example of Street Orientation

(10) When there is more than one duplex structure per development, multifamily standards for recreation/open space shall apply. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.48.080 Multifamily development (three or more attached or detached dwelling units).

In addition to the other requirements of this title, multifamily development in the RH, OMU, and RMU districts and within planned residential developments shall meet the following standards:

(1) Open Space/Recreation: Multifamily development, not including mixed use projects in the OMU or RMU, shall provide common and private open space/recreation areas on site for use and enjoyment of owners and residents within the development, according to the following minimum provisions:

(a) Developments containing 11 or more units shall provide common outdoor open space/recreation, or a combination of outdoor and indoor space, equal to 10 percent of the site.

(b) Any common recreation/open space located outdoors shall:

(i) Be of a grade and surface suitable for recreation;

(ii) Be on the site of the proposed development;

(iii) Be one continuous area if less than 3,000 square feet in size;

(iv) Not be located within: the required front yard setback, any required landscaped areas, nor areas devoted to parking or vehicular/pedestrian access (including sidewalks meeting the pedestrian circulation requirements);

(v) Have no dimension less than 20 feet (except integrated trail segments);

(vi) Be centrally located and designed to be conveniently accessible to all residents from the interior of the development;

(vii) Include at least 75 percent usable open space. Usable open space includes open play areas and outdoor recreational features, trails and paths, community gardens, and other similar types of areas; specifically not included are private balconies, patios, or decks.

(c) Private outdoor open space shall be provided, in addition to the minimum common open space, in the form of private outdoor balconies, patios, or decks attached to individual units. Each private outdoor space shall have no dimension less than six feet.

(d) Common indoor recreation areas may be credited towards the total common recreation/open space requirement as permitted in subsection (1)(a) of this section. Indoor areas shall be located, designed and improved in a manner which provides recreational opportunities including, but not limited to, exercise rooms, sport/tennis courts, swimming pools, game rooms, or community centers.

(e) Play areas required:

(i) All developments of 11 or more units, excluding those restricted to senior citizens or student housing not intended for families, shall provide children play areas within the recreation space on site, except when public park facilities are available within one-quarter mile and are accessible without crossing an arterial street.

(ii) Play equipment provided in the play area shall meet consumer product safety standards for equipment, soft surfacing and spacing, and shall be located in an area that is:

(A) At least 400 square feet in size with no dimension less than 20 feet, unless innovative design is demonstrated;

(B) Adjacent to main pedestrian paths or near building entrances;

(C) Viewed from adjacent residential structures within the same development.

(f) Maintenance of on-site recreation/open space shall be the responsibility of the owner or other separate entity capable of long-term maintenance and operation in a manner acceptable to the city. Such space shall be preserved through appropriate legal measures, including a note on the title ensuring the continuation of the open space/recreation area, and prohibiting current and future owners from partitioning the open space/recreation areas and from converting the areas to other uses.

(g) Recreation space may be dedicated as a public park when the following criteria are met:

(i) The dedicated area is at least 1.5 acres in size, and located at least one-half mile away from any existing public park;

(ii) The dedicated land provides one or more of the following:

(A) Shoreline access;

(B) Regional trail linkages;

(C) Habitat linkages;

(D) Recreation facilities; or

(E) Heritage sites;

(iii) The entire dedicated area is located no farther than one-quarter mile from the project site.

(2) Signs are permitted in accordance with the signs chapter, Chapter 10.50 WCC, and as detailed below.

(a) Limited to identification signs for on-site development; no off-site advertising is allowed.

(b) One monument sign per street frontage, meeting the following standards:

(i) Maximum copy area: 25 square feet.

(ii) Maximum height: five feet above finished grade.

(3) Off-street parking must be located within fully enclosed structures or located behind or to the side of buildings in addition to the provisions identified in Chapter 10.60 WCC.

(4) Architectural Design. The intent of these standards is to reduce the scale of structures and to incorporate architectural design features to increase visual interest and compatibility with surrounding residences. Articulation and modulation shall be for the full height and width of any building, except as otherwise allowed within this title.

(a) Building Articulation. New building facades visible from public and/or private streets shall be articulated with balconies, bay windows, variation in the number of stories, awnings/canopies above or window boxes below every window of an entire section, or other architectural design elements at an interval not exceeding 30 feet.

(b) Horizontal Building Modulation. The maximum facade width (as measured horizontally along the building exterior) without building modulation shall be 30 feet. The minimum width of modulation shall be eight feet. The minimum depth of modulation shall be two feet. Modulation includes, but is not limited to: building walls stepping back or projecting forward, angled facets (at least two per required interval) such as bay windows and covered entrances, top floor setbacks on one or more sides of at least 10 feet, roof decks or balconies so long as each individual roof deck or balcony has an area of at least 60 square feet.

(c) Building Entrances. At least two of the following entrance features shall be included in the project design at each entrance:

(i) Porches protected by a roof overhang or canopy;

(ii) Wall material within the entryway that is different and distinct from the material of the front facade;

(iii) Varied exterior entry door styles and lighting for each entry;

(iv) Trim detailing around the exterior entry doors and windows.

(d) Alternatives. Subject to approval by the director or designee, the project applicant may depart from the above standards; provided, that he or she demonstrates that the proposed design meets the intent of the standards.

(5) Blank Wall Limitations. The intent of blank wall limitations is to: reduce blank wall impacts on the pedestrian environment; provide varied, residential-friendly building facades; and avoid the creation of blank walls and dull facades that don’t contribute to the residential character of the neighborhood and create an uninviting street environment.

(a) Blank Wall Standards. Blank walls, including retaining walls, visible from the public right-of-way (except alleys) are not allowed. At least 60 percent of the wall area between two feet and eight feet in height must be visually interesting by incorporating one or more of the following characteristics:

(i) Windows;

(ii) Doors;

(iii) Art or Architectural Treatment. Sculpture, mosaic, glass block, opaque art glass as relief artwork, or similar features of visual interest. Structural architectural elements may be acceptable as an administrative waiver if the design meets the intent of this section.

(iv) A permanent vertical trellis in front of the wall with climbing plants or plant materials.

(b) Exceptions. Where this section is in conflict with the city’s fire code, the fire code shall govern.

(6) General Storage. Storage of personal property and materials, of residents as well as managers and owners of a development, shall be located outside of required front yard areas, and it shall be entirely within an enclosed building or screened from view of the surrounding properties with a sight obscuring fence and landscaping.

(7) Vehicle Storage. Storage of recreational vehicles, boats, and similar off-road vehicles not used for daily transportation, of residents as well as managers and owners of a development, shall be prohibited unless a fully enclosed building is provided on site specifically for that purpose. (Ord. 2013-41 § 1 (Exh. B); Ord. 2011-49 § 3 (Exh. A); Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.48.090 Pedestrian connections.

All pedestrian connections shall meet the following standards unless otherwise regulated within this code:

Pedestrian access to primary building entrances from adjacent public streets shall be provided. An internal sidewalk or pathway system, at least five feet in width, that enhances pedestrian access within and through the site shall be provided, including from designated parking areas to primary building entrances. Single-family dwellings and duplexes are excluded from this requirement, unless they are part of a broader development. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.48.100 Bed and breakfasts.

All bed and breakfasts where allowed by Chapter 10.10 WCC, District Use Chart, shall meet the following standards unless otherwise regulated within this code:

(1) On-site parking shall be provided at one space per bedroom, and in addition to the required parking for the single-family residence.

(2) One identification sign shall be permitted, not more than 12 square feet in copy area, mounted on the building or placed as a monument sign. The maximum height of any sign is six feet.

(3) Appropriate health department approval shall be documented. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.48.110 Farm animals.

It is the intent of this section to allow an opportunity for 4H, FFA, and similar program projects as well as personal pets of a farm nature. It is not intended for commercial operations. All farm animals where allowed by the WCC shall meet the following standards unless otherwise regulated within this code:

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

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

(3) No swine, peacocks, roosters or other male poultry shall be permitted.

(4) The property shall be maintained in a clean, sanitary condition so as to be free from offensive odors, fly breeding, dust and general nuisances and shall be in compliance with health district regulations.

(5) Adequate measures shall be taken to properly dispose of animal wastes.

(6) Barns, pens, shelters or other structures for the keeping or feeding of large or small farm animals shall be located no closer than 10 feet from any adjoining property in addition to meeting other applicable standards as set forth in the underlying zoning district for accessory structures.

(7) “Pasture” is defined as that area which is enclosed within a perimeter fence, and shall not include that portion of the property used for the residential structure(s) and required front yard building setbacks. Pasture areas shall be maintained with a permanent uniform top cover of vegetation.

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

(9) Beekeeping.

(a) All colonies shall be registered with the Washington State Department of Agriculture in accordance with Chapter 15.60 RCW. The terms “apiary,” “colony,” and “hive” as used in this section shall have the meanings set forth in RCW 15.60.005.

(b) No more than six hives may be located on a lot.

(c) No hive may exceed 20 cubic feet in volume.

(d) No hive shall be located closer than three feet from any property line.

(e) No hive shall be located closer than 10 feet from a public sidewalk or 25 feet from a primary structure on an abutting lot.

(f) Hives brought in temporarily for commercial agricultural/orchard operations are exempt from the requirements of this section.

(g) Bees living in buildings or any other space (except in movable frame hives), or abandoned colonies shall constitute a public nuisance and shall be abated as set forth in this section.

(h) Noncompliance with the provisions of this section shall be abated in conformance with WCC Title 16, Code Enforcement.

(i) Hives or colonies of bees shall be kept in a manner in which they are inaccessible to the general public and so that bee movements to and from the hive do not interfere with the ordinary movements of persons on adjacent properties or the public right-of-way.

(j) Hive, Apiary Management Requirements.

(i) Colonies shall be maintained in movable-frame hives at all times;

(ii) A consistent source of water shall be provided at the apiary;

(iii) A flyway barrier at least six feet in height shall shield any part of a property line that is within 25 feet of a hive. The flyway barrier shall consist of a wall, fence, dense vegetation or a combination thereof and it shall be positioned to transect both legs of a triangle extending from an apex at the hive to each end point of the part of the property line to be shielded.

(iv) Property owners are required to self-register with the city of Wenatchee community and economic development department prior to hives being located on a site. Self-registration shall include a signed acknowledgement on a form provided by the city of Wenatchee that the beekeeper will comply with the provisions of this section. (Ord. 2015-36 § 1 (Exh. C); Ord. 2011-18 § 7; Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.48.120 Bus amenities.

All bus amenities shall meet the following standards unless otherwise regulated within this code.

Bus passenger amenities may be located along the front, side and rear property lines and shall be at least one bus length plus five feet away from any point of egress or ingress. In no case shall such amenities project or extend into right-of-way areas unless accompanied by a revocable permit issued in accordance with the WCC. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.48.130 Family day care.

All family day care, where allowed by Chapter 10.10 WCC, District Use Chart, shall meet the following standards unless otherwise regulated within this code:

(1) Comply with applicable state and local regulations relating to family day care homes and centers;

(2) One unlighted sign shall be permitted, not exceeding 12 square feet in copy area, meeting the height standards for residential fences when placed in the front yard setback. See WCC 10.48.180;

(3) The facility shall be maintained consistent with the surrounding neighborhood. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.48.140 Mailing-address-only home occupation.

All mailing-address-only home occupations where allowed by Chapter 10.10 WCC, District Use Chart, shall meet the following standards unless otherwise regulated within this code:

(1) Qualifying businesses include, but are not limited to:

(a) Authors, composers, and writers;

(b) Home offices using the phone, mail and Internet;

(c) Internet businesses;

(d) Services or activities that are not performed at the residence, such as Tupperware parties;

(e) Avon, and similar services; provided, however, such services may require a home occupation permit if activities related to the service otherwise qualify for home occupation; and

(f) Other businesses that do not include customers coming and going to the residence;

(2) No advertising sign shall be used on the premises;

(3) No home address shall be used in advertising;

(4) No outside employees shall come to the home;

(5) No deliveries shall be made to the home beyond those expected in a residential neighborhood;

(6) No stock in trade shall be kept on the premises unless stored entirely within the primary residential structure;

(7) No equipment or employees shall be dispatched from the home. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.48.145 Home occupation.

All home occupations where allowed by Chapter 10.10 WCC, District Use Chart, shall meet the following standards unless otherwise regulated within this code:

(1) For the purposes of this section, any use that is not consistent with the definition of “home occupation” or is similar in nature to the following listed uses shall not be allowed as a home occupation:

(a) Delivery services, local;

(b) Equipment rental services, commercial;

(c) Industry, light;

(d) Kennels;

(e) Service and repair, nonmotorized;

(f) Service and repair, motorized;

(g) Welding and fabrication;

(2) The use of the dwelling for the home occupation shall be clearly incidental and subordinate to its use for residential purposes with not more than 50 percent of the floor area of one floor being used in the active conduct of the home occupation;

(3) Home occupations within an accessory structure shall not occupy a floor area greater than 50 percent of the main floor area of the residence or 800 square feet, whichever is smaller;

(4) No structural alterations shall be allowed except when otherwise required by law;

(5) No persons other than residents of the structure and one outside employee may be employed in the home occupation;

(6) There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation other than one sign not exceeding six square feet in area, nonilluminated and mounted on the building;

(7) There shall be no window display and no sample commodities displayed outside of the building;

(8) The maximum number of vehicle trips per day for the home occupation shall not exceed 10 vehicle trips. As used here, a trip is considered either the arrival or the departure of a vehicle from the household. For example, one vehicle making a delivery and then leaving immediately would be considered two trips;

(9) Parking.

(a) Off-street parking shall be provided for the home occupation in addition to that which is required for the primary dwelling, consistent with Chapter 10.60 WCC;

(b) Adjacent rights-of-way shall not be used for parking;

(c) Required setbacks shall not be used for parking;

(d) All off-street parking shall be improved with a durable, dustless surface of asphalt, grass-crete, or concrete, and shall be so graded and drained as to dispose of all surface water on site in a manner acceptable to the city engineer;

(10) The home occupation shall ensure that water, sewer, and storm water use is consistent with the WCC;

(11) No equipment or process shall be used which creates noise, vibration, glare, fumes, odors or electrical interference or causes fluctuations in line voltage off the premises;

(12) Materials, goods or commodities shall be delivered to or from the home occupation only between 7:00 a.m. and 7:00 p.m.;

(13) No equipment or employees shall be dispatched from the residential premises, except the owner and owner’s vehicle;

(14) The home occupation(s) may use or store a vehicle for pickup of materials used by the home occupation(s) or the distribution of products from the site, provided:

(a) No more than one such vehicle shall be allowed;

(b) Such vehicle shall not park within any required setback areas of the lot or on adjacent streets;

(c) Such vehicle shall not exceed a weight capacity of one ton. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.48.150 Slope protection.

It is the purpose of the standards for slope protection to provide supplementary development regulations to ensure that development occurs in such a manner as to protect the natural and topographic character and identity of these areas, environmental resources, aesthetic qualities, restorative value, and the public health, safety, and general welfare. It is the intent of these development standards to encourage a sensitive form of development and to allow for a reasonable use that complements the natural and visual character of the city. Development shall meet all applicable standards and requirements of the WCC including the following:

(1) Graded or Filled Slopes. Development shall avoid or, to the greatest extent possible, minimize proposed cuts and fills. Cutting and filling to create additional or larger building sites shall be kept to a minimum and be avoided to the maximum extent feasible. Graded or filled slopes shall be limited to a 2:1 slope or less. All graded slopes shall be recontoured to the natural, varied contour of surrounding terrain.

(2) Retaining Walls. The use, design, and construction of all retaining walls that are subject to a building permit shall meet these standards. Exposed cut slopes, such as those for streets, driveway accesses, or yard areas, greater than seven feet in height shall be terraced. Cut faces on a terraced section shall not exceed a maximum height of five feet. Terrace widths shall be a minimum of three feet to allow for the introduction of vegetation for erosion control.

(3) Landscaping and Revegetation. An applicant shall landscape or revegetate exposed slopes and other areas identified as posing an erosion and/or landslide hazard or as required by the critical areas analysis, in accordance with the landscaping and screening standards for ground cover, prior to final building inspection approval. Topsoil from any disturbed portion of a steep slope must be preserved and utilized in revegetation. Fill soil must be of a quality to support plant growth.

(4) Administrative Determination.

(a) Visually Obscured Sites. Applicants may submit a request, to be processed in concert with a development application or independently as a Type I administrative review under WCC 13.09.030, for consideration of a deviation of subsection (2) of this section. The applicant must demonstrate that the proposed cuts/fills and subsequent retaining walls that exceed a height of seven feet are visually obscured from adjoining properties through such measures or site conditions as: future building location or design, landscaping, fencing and/or site amenities, site topography, etc., equivalent to providing a minimum of 80 percent sight obstruction. Such measures should be in place at the time a use commences or an occupancy for a structure is issued, or in the case of landscaping, reach maturity within four years of installation.

It shall be the responsibility of the applicant to submit a site plan and plan materials which demonstrate compliance with these provisions. The applicant shall submit a site plan which depicts proposed improvements, site conditions and any mitigating measures, side profile views for walls exceeding a seven-foot height that graphically depict the visual obstruction of the walls, pictures on site and of surrounding properties, and a narrative description of the proposal and compliance with these criteria. The director at his or her discretion may waive components of these submittal materials, where the materials are deemed to be unnecessary, or an unreasonable hardship, in making a written determination with findings.

(b) Constrained Sites. Site locations exist within the community that have topographic features or unique constraints that require the use of retaining walls that exceed a height of seven feet in order to facilitate the development of a site for intended uses in the applicable zoning district. Where a property owner would incur a hardship significantly limiting the reasonable use of his or her property by the application of subsection (2) of this section and the retaining walls cannot be obscured from view under subsection (4)(a) of this section, an applicant may submit a request under this provision. The request shall be processed in the same manner as in subsection (4)(a) of this section, including the submittal of identified application materials. The applicant shall demonstrate to the greatest extent feasible an attempt to obscure the proposed retaining walls and limit the use of retaining walls on site that exceed seven feet in height. (Ord. 2013-41 § 1 (Exh. B); Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.48.160 Vehicle parking.

All single-family and single duplexes, where allowed by Chapter 10.10 WCC, District Use Chart, shall meet the following standards unless otherwise regulated within this code. For purposes of this section, recreational vehicles shall include, but not be limited to, motor homes, travel trailers, snowmobiles, motorcycles, jet skis and similar equipment. Agricultural equipment associated with a legal agricultural use on the site is exempt from the below restrictions.

Not more than a total of five cars, trucks, recreational vehicles, and trailers (per dwelling unit) may be parked outside of a single-family dwelling or duplex on any lot in a residential zone. Said vehicles shall be parked to the rear of the front yard setback line, except when stored in designated driveways. Driveways shall include a paved or graveled area accessible by curb cut, or on lots where no curb or curb cut or paving/gravel is installed, the driveway shall be considered a designated area equivalent to two parking spaces. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.48.180 Fences and clear view triangle.

All fences where allowed by this title shall meet the following standards unless otherwise regulated within this code:

(1) Residential and mixed use zoning district fences in a required yard shall not exceed the following standards:

(a) Front yard: four feet solid fence. Or six feet when the fence material is less than 50 percent view-obstructing, such as chain-link, lattice space picket or rail fences.

(b) Side yard: six feet.

(c) Rear yard: six feet.

(d) Fence posts and decorative features may exceed maximum fence height allowed by a maximum of 18 inches (or one and one-half feet) provided they are spaced at least six feet apart.

(2) Commercial zoning district fences shall meet the following standards:

(a) Solid fencing or walls greater than four feet in height within 20 feet of street frontages or rights-of-way shall not extend more than one-third of the lineal distance of the property frontage, including corner lots;

(b) Fencing less than 50 percent view-obstructing is allowed up to a maximum height of eight feet, within 20 feet of a front property line or rights-of-way; provided, that for every 25 linear feet of fence or wall, architectural features, such as masonry or brick columns, shall be provided. The minimum width and depth of architectural features shall be no less than 12 inches for the full height;

(c) Solid fencing or wall sections more than 20 feet from a front property line shall be allowed up to a maximum height of eight feet; provided, that for every 50 linear feet of fence or wall, architectural features, such as masonry or brick columns, shall be provided. The minimum width and depth of architectural features shall be no less than 12 inches for the full height;

(d) Side and rear yard fencing is exempt from providing architectural features and is allowed up to a maximum height of eight feet, except when abutting a residential or mixed use zone, in which case the maximum height shall be six feet;

(e) The use of high intensity, primary, metallic, or fluorescent colors is prohibited on any fence surface. Colors should be neutral and similar to the exterior of the primary structure;

(f) Chain link fencing and barbed or razor wire or similar features shall not be permitted on the front of properties within 20 feet of a public street.

(3) Industrial zoning district fences shall meet the following standards:

(a) That a maximum height limitation of six feet be observed within any required setback area;

(b) That a maximum height limitation of eight feet be observed when constructed outside of any required setback area.

(4) Clear View Triangle. In all residential and mixed use zones, lots not located adjacent to a controlled intersection (a lighted intersection controlling pedestrian and vehicle traffic in all directions) shall maintain, for safety purposes, a triangular area with no vegetation, fence or other physical or visual obstruction higher than three feet, measured from the grade of the respective centerlines of abutting streets. Said triangular area shall be measured from the intersection of two street rights-of-way, two sides of said triangle shall extend 25 feet along both right-of-way lines, adjacent to the lot, and the third triangle line shall connect the end point of each 25-foot measurement.

(a) All fences and landscape plantings which fail to meet the height limits established by this section for the clear view triangles shall come into compliance with the above standards within one year of annexation. (Ord. 2018-12 § 1 (Exh. B); Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.48.190 Swimming pools.

All swimming pools where allowed by Chapter 10.10 WCC, District Use Chart, shall meet the following standards unless otherwise regulated within this code. Swimming pools shall meet the following standards:

(1) Above-ground pools must be located outside of required front yard setbacks and be set back at least five feet from rear and side property lines, unless otherwise required;

(2) In-ground pools must be located outside of the required front yard setback and observe a five-foot setback from rear and side property lines, unless otherwise required. All in-ground pools shall be completely enclosed by a fence of not less than five feet in height;

(3) All required fences shall meet the fence standards listed in WCC 10.48.180. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.48.200 Travel trailers/motor, mobile and manufactured homes.

Travel trailers, motor homes, mobile homes, and manufactured homes are prohibited as places of habitation when located outside of approved mobile/manufactured home parks or planned developments having specific authorization for such use, unless developed legally as an existing nonconforming use. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.48.210 Adult entertainment businesses.

All adult entertainment businesses, where allowed by Chapter 10.10 WCC, District Use Chart, shall meet the following standards in addition to the licensing requirements of Chapter 5.08 WCC:

(1) Any adult entertainment business shall not be located within a 500-foot radius of two other such uses;

(2) The structure containing an adult entertainment business shall be at least 500 feet from the nearest property line of any land in a residential zone; or any public, private, or parochial school, park, playground, or church that is in existence at the time the department of community development receives a complete application. (Ord. 2015-36 § 1 (Exh. B); Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.48.215 Adult oriented retail.

Regulations applicable to adult oriented retail including: adult bookstores, adult novelty stores, adult video stores and other similar businesses as determined by the director are as follows:

(1) All such items which are characterized by the depiction or description of “nudity” or “specified sexual activities” and included in the definition under WCC 10.08.040, adult oriented retail shall be physically segregated and closed off from other portions of the store so that these items are not visible and/or accessible from other portions of the store where non-adult oriented retail material, if any, is displayed, sold or rented.

(2) No advertising for such items shall be posted or otherwise visible, except where such items are authorized for display.

(3) Signs readable at a distance of 20 feet shall be posted at the entrance to the business or the area where such items are displayed stating that persons under the age of 18 years are not allowed access to the area where such items are displayed.

(4) The manager or attendant shall take responsible steps to monitor the area where such items are displayed to ensure that persons under 18 years of age do not access the age-restricted area.

(5) Employees of such businesses shall check identification of persons appearing to be 18 years or under to ensure that such items are not rented or sold to persons under the age of 18 years.

(6) Rental or sale of obscene material (as defined by state law) or material harmful to minors (as defined by state law) to persons under 18 years of age is prohibited.

(7) A violation of this section shall be a misdemeanor and subject to enforcement under WCC Title 16.

(8) Where it is necessary to make an inspection to enforce the provisions of this section or where there is reasonable cause to believe that there exists in the premises a violation of this section, the director of the department of community development or his/her appointee is authorized to enter the premises during normal business hours. If entry is refused, the director shall have recourse to the remedies provided by law to secure entry. (Ord. 2015-36 § 1 (Exh. B))

10.48.220 Outdoor mobile vendors.

All outdoor mobile vendors, where allowed by Chapter 10.10 WCC, District Use Chart, shall meet the following standards to protect the aesthetics of surrounding properties:

(1) Exemptions. The following activities, businesses, and/or persons, as such are commonly known, shall be exempt from coverage of this section. This exemption shall not be construed to limit or restrict the application of other laws and regulations pertaining to such activities, businesses and/or persons:

(a) Stands used to sell or distribute flowers, fruit, vegetables, produce or plants grown on the property where the stand is located;

(b) Outdoor mobile vendors set up only during community-sponsored events;

(c) Temporary business licenses of 30 days or less; provided, that consecutive/concurrent temporary licenses are not applied for.

(2) Required Approvals.

(a) All outdoor mobile vendors shall obtain approval from the Chelan-Douglas health district prior to commencing any activities. Outdoor mobile vendors are required to comply with all laws, rules and regulations regarding food handling, and all vehicles, equipment, and devices used for the handling, storage, transportation and/or sale of food shall comply with Chapter 246-215 WAC, as amended, and any other rules and regulations respecting such vehicles, equipment, and devices as may be established by the Chelan-Douglas health district.

(b) All outdoor mobile vendors shall obtain a city business license.

(c) All outdoor mobile vendors shall provide in writing and on a site plan the locations of utilities (water, sewer, storm water, etc.) servicing the stand. All service locations shall be reviewed by the public works department for approval, prior to commencement of activities at any location.

(d) All outdoor mobile vendors shall obtain a general fire permit from the city fire marshal.

(e) All outdoor mobile vendors that are constructed to use electricity shall obtain a permit from Labor and Industries.

(f) Any structure or accessory structure that is to be placed and used as a commercial stand shall require review for compliance with Wenatchee City Code as amended, which includes at minimum WCC Title 2, Buildings, WCC Title 5, Licenses and Taxation, and this title.

(3) Development Standards.

(a) Shall not conduct business so as to violate any ordinances of the city, including those regulating traffic and rights-of-way, as now in effect or hereafter amended.

(b) Shall not be located in such a manner as to cause a traffic hazard.

(c) Shall not obstruct or cause to be obstructed the passage of a sidewalk, street, avenue, alley or any other public place by causing people to congregate at or near the place where services are being sold or offered for sale.

(d) Are prohibited from occupying required parking spaces and vehicular traffic areas of existing businesses.

(e) All outdoor mobile vendors operations related to cooking, sale of goods, displays, and other portions of the operation outside of seating, landscaping, and singular display of goods, menus, and signage attached to the stand shall take place from within the enclosed mobile vending unit.

(f) Shall provide garbage receptacles for customer use and provide for appropriate waste disposal.

(g) All outdoor mobile vendors shall be maintained in a neat and orderly condition and manner, free of debris and litter.

(h) Outdoor mobile vendors shall occupy an area no larger than 400 square feet. The size of an outdoor mobile vendor shall be counted as part of the lot coverage for the specific lot. If more than one outdoor mobile vendor per lot, then the total square footage is reduced to 250 square feet per outdoor mobile vendor. The occupied area of an outdoor mobile vendor should not constitute access, parking, or uncovered outside sitting areas that may make up the “use” area.

(i) At the conclusion of business activities at a given location, the vendor shall clean all areas surrounding his or her commercial stand of all debris, trash and litter generated by the vendor’s business activities.

(j) All advertising shall be placed via wall standards and be placed on the commercial stand. Wall sign regulations shall follow those of the underlying zoning district in relation to the size of the commercial stand; no other signage shall be allowed.

(k) Outdoor mobile vendors shall submit a site plan providing accurate dimensions and locations of the following:

(i) Proposed and existing structures;

(ii) Proposed and existing land uses;

(iii) Garbage and trash receptacles;

(iv) Proposed and existing storage areas;

(v) Location of adjacent streets, avenues, and alleys;

(vi) Ingress and egress locations;

(vii) “Use” area;

(viii) Proposed and existing landscaping;

(ix) Proposed and existing off-street parking.

(l) For the purposes of this chapter, the “use” area is defined as an area described in the tenancy agreement between the landowner and tenant (person allowed to possess property belonging to the landowner for rights and privileges detailed in the tenancy agreement) of adequate size to carry on the agreed upon use consistent with city code.

(m) Outdoor mobile vendors shall submit a written and notarized consent form from the property owner authorizing the property to be used for the proposed use and approving the accuracy of the site plan.

(n) Outdoor mobile vendors shall provide at least four hanging baskets or pots and at least two movable ground pots. The landscaping materials planted in the baskets or pots shall include species native to the north central region of Washington State or noninvasive species adapted to the climatic conditions of the north central region of Washington State with supplemental irrigation as required. One of the ground pots should contain an appropriately sized tree, shrub, or other larger growing approved material. Landscaping shall be visible from the public right-of-way.

(o) All outdoor mobile vendors shall provide a minimum of two off-street parking spaces plus sufficient stacking for six vehicles for stands with drive-through a component. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.48.230 Wireless communication facilities.

All wireless communication facilities, where allowed by Chapter 10.10 WCC, District Use Chart, shall meet the following standards unless otherwise regulated within this code:

(1) Wireless Communication Antennas. Wireless communication antennas are allowed with the following minimum conditions:

(a) Antennas may be attached to any existing building or tower, except for one-, two-, three- and four-unit dwellings.

(b) Installing of an antenna may be permitted, so long as the addition of said antenna adds no more than 20 feet to the height of said existing building or tower.

(c) 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 as the existing underlying structure.

(d) In residential zones, any roof-mounted transmission equipment shall be set back from all roof edges to the maximum extent feasible.

(e) 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 and/or host structure.

(2) Amateur Radio, Receive-Only Antennas, Personal Wireless Services and Antennas. Amateur radio, receive-only antennas, personal wireless services and antennas are allowed in all Wenatchee zoning districts, but must adhere to the standards as defined in WCC 10.48.030 for accessory structures and placement behind residential setbacks.

(3) Personal Satellite Dishes. Personal satellite dishes are allowed in all Wenatchee zoning districts, but must adhere to the standards as defined in WCC 10.48.030, for accessory structures and for placement behind residential setbacks.

(4) Small Cell Wireless Facilities and Networks.

(a) A single permit may be used for multiple small cell facilities that are part of a larger overall network; provided a right-of-way permit, building permit and/or SEPA compliance may be required.

(b) Small cell facilities located within the right-of-way are allowed in all land use zones, subject to the criteria and following conditions:

(i) All installation of small cell facilities and appurtenance equipment shall be installed and maintained with good engineering practices and performed by experienced maintenance and construction personnel. Attention to aesthetics shall be required with equipment being installed in a neat, orderly, and compact fashion with quality and durable materials representing a high level of workmanship, subject to the following:

(A) Facilities shall employ design techniques in order to ensure compatibility with underlying support structures and the surrounding environment through the use of matching color(s), flush-mounting of equipment to greatest extent possible, scaling equipment in proportion to the support structure, and concealing cabling or wires within conduit.

(B) Ground-based equipment shall be undergrounded. Where equipment cannot be placed underground, enclosures shall be architecturally compatible with the surrounding environment using appropriate techniques to camouflage, disguise, and/or blend into the environment, including landscaping, color, and other techniques to minimize the visual impact.

(C) Facilities shall be located such that views from a residential structure are not significantly impaired.

(ii) Type I review is required when a new utility support structure is proposed or an existing utility support structure is modified, including replacement. In no event shall such a modified, replacement, or new utility support structure or pole exceed:

(A) Ten feet above the average existing utility support structures in the right-of-way in place as the effective date of the ordinance codified in this section located within 500 feet of the new pole, up to a maximum of 50 feet above ground level. For attachments to electric utility poles, the height can be increased to allow for the minimum additional height necessary for the required safety clearance from power lines.

(B) Within the Grandview Historic District, alleys shall be the preferred location and take priority over street frontage right-of-way. In the event installation cannot be accommodated by a modified or new support structure within an alley, Type III review shall be required for approval by the historic preservation board if utilities are to be relocated or added to a fronting street rather than in an alley.

(c) Small cell facilities located outside of the right-of-way are allowed in all land use zones, subject to requirements of this subsection and subsection (1) of this section.

(d) In addition to the application form requirements identified in Chapter 5.06 WCC applications for wireless communication facilities shall include the following information:

(i) Requirement for FCC Documentation. The applicant shall provide a copy of:

(A) Its documentation for FCC license submittal or registration; and

(B) The applicant’s FCC license or registration.

(ii) Site Plans. Complete and accurate plans and drawings to scale, prepared, signed and sealed by a Washington-licensed engineer, land surveyor and/or architect, including (A) plan views and all elevations before and after the proposed construction with all height and width measurements called out; (B) a depiction of all proposed transmission equipment; (C) a depiction of all proposed utility runs and points of contact; and (D) a depiction of the leased or licensed area with all rights-of-way and/or easements for access and utilities in plan view.

(iii) Structural Assessment. The applicant or owner of a proposed WCF shall provide a structural construction assessment of the support facility or tower, conducted by a professional engineer, licensed in the state of Washington, which shall be submitted with the application for a building permit.

(iv) Visual Analysis. A color visual analysis that includes to-scale visual simulations that show unobstructed before-and-after construction daytime and clear-weather views from at least four angles, together with a map that shows the location of each view.

(v) Statement of Purpose/RF Justification. A clear and complete written statement of purpose shall minimally include: (A) a description of the technical objective to be achieved; (B) a to- scale map that identifies the proposed site location and the targeted service area to be benefited by the proposed project; and (C) full-color signal propagation maps with objective units of signal strength measurement that show the applicant’s current service coverage levels from all adjacent sites without the proposed site, predicted service coverage levels from all adjacent sites with the proposed site, and predicted service coverage levels from the proposed site without all adjacent sites. These materials shall be reviewed and signed by a Washington-licensed professional engineer or a qualified employee of the applicant. The qualified employee of the applicant shall submit his or her qualifications with the application.

(vi) Design Justification. A clear and complete written analysis that explains how the proposed design complies with the applicable design standards under this chapter to the maximum extent feasible. A complete design justification must identify all applicable design standards under this chapter and provide a factually detailed reason why the proposed design either complies or cannot feasibly comply.

(vii) Radio Frequency Emissions Compliance Report. A written report, prepared, signed and sealed by a Washington-licensed professional engineer or a competent employee of the applicant, which assesses whether the proposed WCF demonstrates compliance with the exposure limits established by the FCC. The report shall also include a cumulative analysis that accounts for all emissions from all WCFs located on or adjacent to the proposed site, identifies the total exposure from all facilities and demonstrates planned compliance with all maximum permissible exposure limits established by the FCC. The report shall include a detailed description of all mitigation measures required by the FCC.

(viii) Noise Study, Where Applicable. A noise study, prepared, signed and sealed by a Washington-licensed engineer, for a proposed WCF and all associated equipment, consistent with Chapter 6A.40 WCC.

(ix) Collocation Consent. A written statement, signed by a person with the legal authority to bind the applicant and the project owner, which indicates whether the applicant is willing to allow other transmission equipment owned by others to collocate with the proposed wireless communication facility whenever technically and economically feasible and aesthetically desirable.

(x) Other Published Materials. All other information and/or materials that the city may, from time to time, make publicly available and designate as part of the application requirements. (Ord. 2017-31 § 1 (Exh. B); Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.48.240 Refuse storage.

The following regulations shall apply to all zoning districts and overlays, excluding single-family dwellings and single duplex projects. All outdoor trash, garbage, and refuse storage areas shall meet standards for dimensions and access provided by the city-contracted solid waste collection service, in addition to the following:

(1) Shall be located inside a dumpster.

(2) Shall not be located in any required front yard area.

(3) Shall be located behind buildings when feasible.

(4) Shall be placed inside a 100 percent sight-obscuring containment area (excluding alleys), when visible from abutting properties, consisting of slatted fencing and/or landscaping.

(5) Shall be placed inside a 100 percent sight-obscuring containment area (excluding alleys), when visible from a public street, finished with materials similar to the exterior material of the primary structure. (Ord. 2010-03 § 1 (Exh. A))

10.48.250 Historic building floating zone.

The following regulations apply, at the election of the property owner, to any commercial or multifamily building with six or more dwelling units which is on the national, state or Wenatchee register of historic places or is certified as a contributing structure within a national, state or local historic district. These optional regulations are intended to provide flexibility in the restoration or adaptive reuse of historic commercial and large multifamily residential buildings.

(1) Parking, when required, shall meet the applicable standards for off-street parking found in Chapter 10.60 WCC except that:

(a) The on-street parking located directly adjacent to the building site may be used to deduct on a space for space basis from the off-street parking requirement, except when attributed to residential uses. Partial on-street parking spaces located adjacent to more than one property shall not be counted toward any parking reduction.

(b) The community development director may allow some required improvements to off-site parking lot(s) to be deferred, for not more than 24 months, subject to execution of a legally binding agreement which shall be recorded and run with the land.

(2) For buildings at or near maximum lot coverage, some required improvements, including, but not limited to, landscaping, pedestrian amenities, stairs and access ramps, may be located on public property with the consent of the city engineer and execution of a right-of-way encroachment permit.

(3) Upon certification by the historic preservation board for compliance with the Secretary of the Interior’s Standards for Historic Preservation the community development director may waive or modify exterior standards including but not necessarily limited to open space, architectural design, landscaping, exterior building materials, and sidewalks as required by zoning and development standards. No waivers on modifications, under this section, shall be permitted for requirements related to compliance with building code life safety regulations or ADA requirements. (Ord. 2011-25 § 5; Ord. 2010-03 § 1 (Exh. A); Ord. 2009-17 § 3. Formerly 10.48.241)

10.48.260 Outdoor displays.

The following regulations shall apply to all commercial zoning districts. Community-sponsored events are exempt from the following requirements.

(1) Outdoor displays shall not be located in the public right-of-way as to obstruct pedestrian access.

(2) Outdoor displays shall be removed at the end of each business day. Items customarily stored outside, such as vehicles, plants, shrubs, trees, merchandise of such size as to render it impractical to contain the merchandise within a building or of a character that does not readily deteriorate when exposed to the elements, shall be exempt from this requirement.

(3) Outdoor display areas associated with the sale, rental, lease, or storage of large items, such as cars, trucks, motor homes, rental machinery, or similar items, shall be developed with a durable dustless surface of asphalt, concrete, grass-crete, or chip seal. (Ord. 2010-03 § 1 (Exh. A))

10.48.270 Electric vehicle infrastructure.

The purpose of this section is to facilitate adequate and convenient electric vehicle infrastructure to serve the needs of the traveling public, provide opportunities for city of Wenatchee residents to have safe and efficient access to electric charging stations located at their place of residence and to provide the opportunity for mixed-use, commercial, and industrial developments to supply electrical vehicle infrastructure services to their tenants, customers, and employees. All electric vehicle charging stations and battery exchange stations, permitted in commercial and mixed use zoning districts pursuant to the District Use Chart, Chapter 10.10 WCC, shall meet the following standards unless otherwise regulated within this code.

(1) Parking spaces designated for electric vehicle charging may be included in the calculation of the number of off-street parking spaces provided pursuant to Chapter 10.60 WCC.

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

(3) Installation of wayfinding signs should be conveniently located to effectively guide motorists to the charging station space(s). Such signs shall comply with Chapter 10.50 WCC.

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

(5) Battery exchange stations shall store all batteries in an enclosed building. No outdoor storage is permitted. All batteries that are beyond their useful life shall be recycled or disposed of in accordance with requirements established by the State Department of Ecology, State Department of Transportation, and the Environmental Protection Agency. (Ord. 2011-24 § 7)

10.48.280 Child day care center – Accessory use.

(1) Compliance with applicable state and local regulations relating to child day care homes and centers;

(2) In residential zones, one unlighted wall sign not exceeding 12 square feet in area shall be permitted;

(3) Off-street parking shall be provided as required by Chapter 10.60 WCC, as amended, including off-street loading/unloading space;

(4) All off-street parking required for child day care centers shall be improved with a durable, dustless surface of asphalt, grass-crete or concrete, and shall be so graded and drained as to dispose of all surface water on site in a manner acceptable to the city engineer;

(5) Any outdoor play area shall be completely enclosed by a fence meeting the height limitations for fences;

(6) Accessory child care centers shall be reviewed as a Type II administrative review application under WCC 13.09.040. (Ord. 2013-41 § 1 (Exh. B))

10.48.290 Medical cannabis.

The following regulations shall apply to all zoning district and overlays:

(1) Medical Marijuana Cooperative, RCW 69.51A.250. Prohibited in all zoning districts.

(2) Individual Medical Marijuana Growing. Qualifying patients or designated providers may grow up to the amounts authorized in RCW 69.51A.210; provided, no more than 15 plants may be grown or located inside any one housing unit, even if multiple qualifying patients or designated providers reside in the same housing unit. Outdoor growing shall be prohibited in all zoning districts. (Ord. 2016-36 § 1)

10.48.300 Artisanal industrial/manufacturing.

All artisanal industrial/manufacturing where allowed by Chapter 10.10 WCC, District Use Chart, shall meet the following standards unless otherwise regulated within this code:

(1) Applications shall be processed as a Type II administrative review with public notice under WCC 13.09.040.

(2) The proposed use shall be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the surrounding properties and not cause the dissemination of dust, smoke, glare, heat, vibration or noise in excess of the maximum environmental noise level established by WCC Title 6A or Chapter 173-60 WAC beyond the property line or affecting adjacent buildings. (Ord. 2018-12 § 1 (Exh. B))