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HomeMy WebLinkAboutOrdinances - 2021-05 - Amending EWMC Chapters 17.08 Definitions, 17.24 Residential Low, 17.28 Residential Medium, 17.32 Residential High, 17.34 Commercial Zoning, 17.72 General Regulations. - 3/16/2021City of East Wenatchee Ordinance 2021-05 Page 1 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) City of East Wenatchee, Washington Ordinance No. 2021-05 An Ordinance of the City of East Wenatchee amending the following East Wenatchee Municipal Code chapters: 17.08 Definitions, 17.24 Residential Low Density District, 17.28 Residential Medium Density District, 17.32 Residential High Density/Office District, 17.34 Commercial Zoning District Land Use Matrix, 17.72 General Regulations, containing a severability clause, and establishing an effective date. Una Ordenanza de la Ciudad de East Wenatchee que modifica los siguientes capítulos del Código Municipal de East Wenatchee: 17.08 Definiciones, 17.24 Distrito residencial de baja densidad, 17.28 Distrito residencial de densidad media, 17.32 Distrito residencial de alta densidad / oficinas, 17.34 Matriz de uso de suelo del distrito de zonificación comercial, 17.72 General Regulaciones, que contienen una cláusula de divisibilidad y que establecen una fecha de vigencia. 1. Alternate format. 1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con el vendedor de la ciudad al alternatformat@east-wenatchee.com, al (509) 884-9515 o al 711 (TTY). 1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@east- wenatchee.com, at (509) 884-9515, or at 711 (TTY). 2. Recitals. 2.1. The City of East Wenatchee (“City”) is a non-charter code city, duly incorporated and operating under the laws of the State of Washington. 2.2. On December 7, 2020 the proposed amendments were transmitted to the Washington State Department of Commerce (Commerce) for the required 60-day review required by RCW 36.70A.106. The comment period ended on February 5, 2021. No comments from state agencies were received. City of East Wenatchee Ordinance 2021-05 Page 2 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) 2.3. On February 23, 2021, the East Wenatchee Planning Commission held an open-record public hearing and voted unanimously (6-0) to recommend that the City Council adopt the proposed amendments to the East Wenatchee Municipal Code (EWMC). The Planning Commission remanded the proposed Greater East Wenatchee Urban Growth Area Design Standards & Guidelines amendments back to staff for additional work. 3. Authority. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the good government of the City. 4. Purpose. The intent of the proposed amendments to the East Wenatchee Municipal Code is to increase residential building capacity to address the provisions and recommendations in Engrossed Second Substitute House Bill (E2SHB) 1923 passed by the state legislature with an effective date of July 28, 2019. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: 5. Amendments 1-6. The City Council amends the East Wenatchee Municipal Code as set forth in Exhibit A to this Ordinance. 6. Findings of Fact and Conclusions of Law. The City Council adopts the Recitals stated above as well as the findings of fact and conclusion of law as set forth below. 6.1. FINDINGS OF FACT 6.1.1. Amendments are proposed for the following EWMC chapters: 17.08 Definitions, 17.24 Residential Low Density District, 17.28 Residential Medium Density District, 17.32 Residential High Density/Office District, 17.34 Commercial Zoning District Land Use Matrix, 17.72 General Regulations, and 12.53 Driveways, Access Easement, Pedestrian Facilities, Walks and Trails. 6.1.2. The Greater East Wenatchee Area Comprehensive Plan (2019) reflects the community’s preferred future and contains goals and policies pertaining to the proposed amendments. 6.1.3. The Planning Commission held workshops on August 25, 2020 and October 27, 2020. 6.1.4. The proposed amendments have been posted on the City’s website since December 2020. City of East Wenatchee Ordinance 2021-05 Page 3 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) 6.1.5. A threshold determination and environmental review pursuant to RCW 43.21C the State Environmental Policy Act was completed, and a Determination of Non-significance (DNS) was issued on December 4, 2020. The comment period ended on December 29, 2020. 6.1.6. The DNS was published in the Wenatchee World on December 10, 2020. 6.1.7. The proposed amendments were transmitted to Douglas County Land Services, Douglas County PUD, Douglas County Sewer District, East Wenatchee Water District, Washington State Department of Transportation, and the City of Wenatchee. Comments submitted were considered in the final draft of the proposed amendments. 6.1.8. Advertisement of the Planning Commission’s public hearing was published in The Wenatchee World on February 11, 2021. 6.1.9. The East Wenatchee Planning Commission held a duly advertised open-record public hearing on February 23, 2021. 6.1.10. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated by this reference. 6.2. CONCLUSIONS 6.2.1. The proposal is consistent with and implements goals and policies in the Greater East Wenatchee Area Comprehensive Plan. 6.2.2. Approval of the proposal will not be detrimental to the public health, safety, and general welfare. 6.2.3. Proper legal requirements of RCW 36.70A.106 and Title 19 EWMC were met and the community and state agencies were given the opportunity to comment on the proposal at duly noticed public workshops and a public hearing. 6.2.4. It is the determination of the lead agency that no more than a moderate effect on the environment is a reasonable probability as a result of the proposed action. The proper exercise of the threshold determination process as required by WAC 197-11 is that an environmental impact statement is not required to be prepared for this project. City of East Wenatchee Ordinance 2021-05 Page 4 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) 6.2.5. The proposed amendments have been processed in a manner consistent with the requirements of the Revised Code of Washington and the Washington Administrative Code. 6.2.6. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated by this reference. 7. Severability. If a court of competent jurisdiction declares any provision in this Ordinance to be contrary to law, such declaration shall not affect the validity of the other provisions of this Ordinance. 8. Publication. The City Council directs the City Clerk to publish a summary of this Ordinance. The summary shall consist of the title of this Ordinance. The City Council directs the City Clerk to publish a copy of this Ordinance on the City’s website. 9. Submittal of Notice of Adoption. In accordance with RCW 36.70A.106, this Ordinance shall be transmitted by the Community Development Director to the Washington State Department of Commerce within 10 days of adoption. City of East Wenatchee Ordinance 2021-05 Page 7 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Exhibit A Amendment 1. The City Council amends chapter 17.08 EWMC to read as follows: Chapter 17.08 DEFINITIONS Sections: 17.08.010 General definitions. 17.08.015 Abutting. 17.08.018 Access point. 17.08.020 Accessory building. 17.08.024 Accessory dwelling. 17.08.030 Accessory use. 17.08.040 Adjacent. 17.08.050 Adjoining. 17.08.051 Adult arcade. 17.08.052 Adult cabaret. 17.08.053 Adult entertainment. 17.08.054 Adult entertainment facility. 17.08.055 Adult family home. 17.08.056 Adult motel. 17.08.057 Adult motion picture theater. 17.08.058 Adult retail store. 17.08.060 Advertising sign. 17.08.061 Affordable Housing. 17.08.063 Agriculture. 17.08.070 Alter, alteration. 17.08.073 Animal. 17.08.075 Assisted living facility. 17.08.080 Automobile wrecking yard. 17.08.090 Basement. 17.08.093 Battery charging station. 17.08.094 Battery exchange station. 17.08.100 Boardinghouse or bed and breakfast facility. 17.08.110 Building. 17.08.120 Building height. 17.08.130 Building line. 17.08.132 Bus passenger amenities. 17.08.142 Cargo container. 17.08.150 Carport. 17.08.152 Charging levels. 17.08.155 Child day care facility. 17.08.160 Clinic. 17.08.162 Combined parking. 17.08.164 Community youth center. City of East Wenatchee Ordinance 2021-05 Page 8 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) 17.08.170 Conditional use. 17.08.180 Construction material, basic. 17.08.190 Coverage. 17.08.192 Cryptocurrency. 17.08.193 Cryptocurrency mining. 17.08.194 Data center. 17.08.197 Deck. 17.08.198 Density. 17.08.199 Driveway. 17.08.199A Driveway, joint usage. 17.08.200 Dwelling. 17.08.210 Dwelling, detached. 17.08.220 Dwelling, multifamily. 17.08.230 Dwelling, single-family. 17.08.231 Dwelling, single-family small lot. 17.08.232 Dwelling, townhome. 17.08.233 Dwelling, triplex. 17.08.240 Dwelling, two-family or duplex. 17.08.250 Dwelling unit. 17.08.252 Electric vehicle. 17.08.253 Electric vehicle charging station. 17.08.254 Electric vehicle infrastructure. 17.08.256 Emergency vehicle access. 17.08.258 Extremely low-income household. 17.08.260 Family. 17.08.263 Farm animal, large. 17.08.264 Farm animal, small. 17.08.270 Fences. 17.08.280 Garage, commercial. 17.08.290 Garage, private. 17.08.300 Gross floor area. 17.08.310 Group housing. 17.08.315 Handling or processing of hazardous substances. 17.08.316 Hazardous waste. 17.08.320 Home occupation. 17.08.330 Hospital. 17.08.340 Hotel. 17.08.342 Household. 17.08.350 Humanistic services facility. 17.08.360 Repealed. 17.08.370 Junkyard. 17.08.373 Kennel. 17.08.375 Livestock. 17.08.380 Lodging house. 17.08.382 Lot, corner. 17.08.384 Lot line, front. City of East Wenatchee Ordinance 2021-05 Page 9 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) 17.08.385 Lot line, rear. 17.08.386 Lot line, side. 17.08.390 Lot of record. 17.08.393 Lot, substandard. 17.08.395 Lot, through. 17.08.400 Lot width. 17.08.410 Lot, zoned. 17.08.412 Low-income household. 17.08.420 Manufactured home. 17.08.425 Miniature goat. 17.08.430 Mobile home. 17.08.440 Mobile/manufactured home park. 17.08.450 Modular home. 17.08.460 Motel. 17.08.470 Municipal buildings. 17.08.480 Off-site hazardous waste facilities. 17.08.490 On-site hazardous waste facilities. 17.08.500 Parking space, parking stall. 17.08.503 Pasture area. 17.08.505 Patio. 17.08.510 Permissive use. 17.08.512 Personal service. 17.08.513 Pet boarding. 17.08.516 Pet or companion animal. 17.08.520 Place of public or private assembly. 17.08.522 Potbelly pig, miniature. 17.08.523 Poultry. 17.08.524 Primary or principal use. 17.08.524A Professional offices. 17.08.525 Public facilities. 17.08.527 Public services. 17.08.530 Secondary use. 17.08.540 Setback distance. 17.08.550 Setback line. 17.08.552 Sexually oriented materials. 17.08.556 Shared parking. 17.08.560 Repealed. 17.08.570 Special exceptions. 17.08.572 Specified anatomical areas. 17.08.573 Specified sexual activities. 17.08.580 Story. 17.08.590 Structure. 17.08.600 Substandard street. 17.08.610 Technical review committee. 17.08.620 Terrace. 17.08.625 Utility or utility services. City of East Wenatchee Ordinance 2021-05 Page 10 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) 17.08.627 Very low-income household. 17.08.628 Veterinary hospital. 17.08.630 Yard, front. 17.08.640 Yard, rear. 17.08.650 Yard, side. 17.08.660 Zero lot line development. 17.08.010 General definitions. A. The words “used” or “occupied” shall be considered as though followed by the words “or intended, arranged or designed to be used or occupied.” B. “Board” means the board of adjustment of the city. C. “City” means the city of East Wenatchee, a municipal corporation. D. “Comprehensive Plan” means the current Comprehensive Plan of the city together with the Comprehensive Plan maps. E. “Council” means the city council for the city of East Wenatchee. F. “Planning commission” means the planning commission of the city of East Wenatchee. G. Whenever the term “this title” or the term “the ordinance codified in this title” is referred to, it shall include all amendments. (Ord. 91-5 § 2, 1991) H. Use and interpretation generally. Words, terms and phrases contained within this chapter, and their interpretation, are generally based upon common custom and meanings set forth in broadly recognized dictionaries. I. Interpretation in case of conflicting definitions. In addition to the words and terms defined in this chapter, several sections of this title contain definitions specifically related to those sections. In the event of conflict between definitions in this list and those shown in other sections of this title, the definition in the other section shall govern within the context of the section within which it appears. 17.08.015 Abutting. "Abutting" means having a common boundary except that parcels having no common boundary other than a common corner shall not be considered abutting. 17.08.018 Access point. “Access point” means that location on a public street where a driveway or private street connects 17.08.020 Accessory building. “Accessory building” means a subordinate structure, the use of which is incidental to the use of the main building on the same lot. (Ord. 91-5 § 2, 1991) 17.08.024 Accessory dwelling.* “Accessory dwelling” means a second dwelling unit that is subordinate to and located on the same lot as a primary residence and with provisions for independent cooking, living, sanitation, and sleeping. Accessory dwellings may be incorporated within or detached from a primary single-family residence. (Ord. 05-07 § 2, 2005) City of East Wenatchee Ordinance 2021-05 Page 11 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) *Code reviser’s note: Ordinance 05-07 added this section as EWMC 17.08.034. It has been renumbered to preserve alphabetization. 17.08.030 Accessory use. “Accessory use” means a use incidental and subordinate to the principal use and located on the same lot or in the same building as the principal use. (Ord. 91-5 § 2, 1991) 17.08.040 Adjacent. “Adjacent” means lying near, close to, or contiguous. (Ord. 91-5 § 2, 1991) 17.08.050 Adjoining. “Adjoining” means lying near, close to, or contiguous. (Ord. 91-5 § 2, 1991) 17.08.051 Adult arcade. “Adult arcade” means a commercial establishment containing individual viewing areas or booths where, for any form of consideration including a membership fee, one or more still or motion picture projectors, slide projectors, cathode ray tube (CRT) projectors, liquid crystal display (LCD) projectors, television monitors, computer terminals or other similar image producing machines are used to show films, motion pictures, video cassettes, slides, laser discs, digital versatile discs (DVDs) computer discs, internet sites or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. (Ord. 2000-01 § 3, 2000. Formerly 17.08.052) 17.08.052 Adult cabaret. “Adult cabaret” means a nightclub, bar, restaurant, tavern, or other similar commercial establishment, whether or not alcoholic beverages are served, that regularly features adult entertainment. (Ord. 2000-01 § 3, 2000. Formerly 17.08.053) 17.08.053 Adult entertainment. “Adult entertainment” means: A. Any exhibition, performance, or dance conducted in an adult entertainment facility where such exhibition, performance, or dance is distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or B. Any exhibition, performance, or dance intended to sexually stimulate any member of the public and conducted in an adult entertainment facility where such exhibition, performance, or dance is performed for, arranged with, or engaged in with fewer than all patrons in the adult entertainment facility at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition, or dance. For purposes of example and not limitation, such exhibitions, performances, or dances are commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing, or straddle dancing. (Ord. 2000-01 § 3, 2000. Formerly 17.08.054) 17.08.054 Adult entertainment facility. “Adult entertainment facility” means a commercial establishment defined herein as an adult arcade, adult cabaret, adult motel, adult motion picture theater, or adult retail store. (Ord. 2000-01 § 3, 2000. Formerly 17.08.055) City of East Wenatchee Ordinance 2021-05 Page 12 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) 17.08.055 Adult family home.* “Adult family home” means a regular family abode of a person or persons who are providing personal care, room, and board to more than one but not more than four adults who are not related by blood or marriage to the person or persons providing the services; except that a maximum of six adults may be permitted if the Department of Social and Health Services determines that the home is of adequate size and the home and provider(s) are capable of meeting the standards and qualifications of Chapter 70.128 RCW. Adult family homes shall be licensed by the state as an adult family home under RCW 70.128.060. (Ord. 01-03 § 1, 2001) *Code reviser’s note: Ordinance 01-03 added this section as 17.08.055. To preserve alphabetization and prevent duplication of numbering, existing §§ 17.08.052 – 17.08.055 have been editorially renumbered to §§ 17.08.051 – 17.08.054, respectively. 17.08.056 Adult motel. “Adult motel” means a hotel, motel, or similar commercial establishment which: A. Offers sleeping accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, laser discs, digital versatile discs (DVDs), computer discs, internet sites, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas and that has a sign visible from the public right-of-way that advertises the availability of this type of sexually oriented materials; or B. Offers a sleeping room for rent for a rental fee period of time that is less than 10 hours; or C. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours. (Ord. 2000-01 § 3, 2000) 17.08.057 Adult motion picture theater. “Adult motion picture theater” means an enclosed commercial establishment where, for any form of consideration, motion pictures, films, video cassettes, slides, laser discs, digital versatile discs (DVDs), computer discs, internet sites or other similar visual representations are regularly shown that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. (Ord. 2000-01 § 3, 2000) 17.08.058 Adult retail store. “Adult retail store” means a commercial establishment such as a bookstore, video store, or novelty shop which as its principal business purpose offers for sale or rent, for any form of consideration, any one or more of the following: A. Books, magazines, periodicals, or other printed materials or photographs, films, motion pictures, video cassettes, slides, laser discs, digital versatile discs (DVDs), computer discs or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or City of East Wenatchee Ordinance 2021-05 Page 13 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) B. Instruments, devices, or paraphernalia de-signed for use in connection with any specified sexual activities; C. For the purpose of this definition, the term “principal business purpose” shall mean the business purpose that constitutes 50 percent or more of the stock-in-trade of a particular business establishment. The stock-in-trade of a particular business establishment shall be determined by examining either: (1) the retail dollar value of all sexually oriented materials compared to the retail dollar value of all nonsexually oriented materials readily available for purchase, rental, view, or use by patrons of the establishment, excluding inventory located in any portion of the premises not regularly open to patrons; or (2) the total volume of shelf space and display area reserved for sexually oriented materials compared to the total volume of shelf space and display area reserved for nonsexually oriented materials. (Ord. 2000-01 § 3, 2000) 17.08.060 Advertising sign. “Advertising sign” means a sign which directs attention to a business commodity, service or entertainment conducted, sold or offered upon and/or elsewhere than upon the same lot. (Ord. 91-5 § 2, 1991) 17.08.061 Affordable housing. "Affordable housing" means, unless the context clearly indicates otherwise, residential housing whose monthly costs, including utilities other than telephone, do not exceed 30 percent of the monthly income of a household whose income is: A. For rental housing, 60 percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development; or B. For owner-occupied housing, 80 percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development 17.08.063 Agriculture. “Agriculture” means the tilling of the soil; the raising of crops; forestry; horticulture; nonretail greenhouses, nurseries and gardening; and the keeping or raising of livestock and poultry. Agriculture does not include the growing or production of marijuana. (Ord. 15-14 § 3, 2015; Ord. 13-03 § 3, 2013) 17.08.070 Alter, alteration. “Alter” or “alteration” means any structural changes or additions and any modification made for a change in type of use. (Ord. 91-5 § 2, 1991) 17.08.073 Animal. “Animal” means any living nonhuman mammal, bird, reptile, or amphibian. (Ord. 13-03 § 3, 2013) 17.08.075 Assisted living facility. “Assisted living facility” means a multifamily residential use licensed by the state of Washington and meeting the requirements of Chapter 388-110 WAC, offering a variety of services to residents, including personal care, food preparation and dining areas, group recreational or activity areas, and limited nursing services. Included as facilities in this definition are congregate care, nursing homes, boarding homes pursuant to City of East Wenatchee Ordinance 2021-05 Page 14 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Chapter 18.20 RCW, and convalescent homes. Assisted living facilities may include housing for the resident in a private apartment-like unit. An “assisted living facility” contains multiple assisted living units. An “assisted living unit” is a dwelling unit permitted only in an assisted living facility. Not included in this definition are facilities meeting the definition of “adult family home” as defined in this chapter. (Ord. 01-03 § 1, 2001) 17.08.080 Automobile wrecking yard. “Automobile wrecking yard” means an area in which is conducted the dismantling and/or wrecking of used motor vehicles, machinery or trailers or the storage or sale of partially dismantled, obsolete or wrecked vehicles or their parts or the storage of motor vehicles unable to be moved under the power of the vehicle. (Ord. 91-5 § 2, 1991) 17.08.090 Basement. “Basement” means that portion of a story partly underground and having at least one- half the height or more than five feet below the adjoining finished grade. (Ord. 91-5 § 2, 1991) 17.08.093 Battery charging station. “Battery charging station” means an electrical component assembly or cluster or component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by Chapter 19.28 RCW, as amended, and consistent with rules adopted under RCW 19.27.540, as amended. (Ord. 11-02 § 3, 2011) 17.08.094 Battery exchange station. “Battery exchange station” means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by Chapter 19.28 RCW, as amended, and consistent with rules adopted under RCW 19.27.540, as amended. (Ord. 11-02 § 3, 2011) 17.08.100 Boardinghouse or bed and breakfast facility. “Boardinghouse or bed and breakfast facility” means a single-family dwelling where transient accommodations with or without meals are provided for five or less guest rooms, located within the primary residence, for compensation. (Ord. 05-07 § 5, 2005; Ord. 91-5 § 2, 1991) 17.08.110 Building. “Building” means a freestanding structure except when divided by party walls without openings when each portion so separated shall be considered a separate building. (Ord. 91-5 § 2, 1991) 17.08.120 Building height. “Building height” means the vertical distance above the reference datum from the highest point of the structure as described in EWMC 17.72.035. For wireless communication facilities, building height shall be measured as the vertical distance between the average finished grade of the ground upon which the tower or facility will City of East Wenatchee Ordinance 2021-05 Page 15 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) be located to the highest point of the tower or structure including any antenna(s). (Ord. 08-09 § 3 Exh. A-1(1), 2008; Ord. 02-22 § 2, 2002; Ord. 91-5 § 2, 1991) 17.08.130 Building line. “Building line” means the line of that facet or corner or part of a building nearest the property line and parallel to the property line. (Ord. 91-5 § 2, 1991) 17.08.132 Bus passenger amenities. “Bus passenger amenities” means shelters, benches, trash receptacles and other related items or structures directly related to the provision of services to bus passengers at designated bus stops. (Ord. 01-03 § 1, 2001) 17.08.142 Cargo container. “Cargo container” means a standardized, reusable storage and transport unit, designed without an axle or wheel which was originally, specifically or formally designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities; and was designed for or capable of being mounted or moved on a rail car, chassis or bogie, or similar transportation device, for movement by truck trailer or loaded on a ship. (Ord. 19-19 § 5, 2019) 17.08.150 Carport. “Carport” means a covered shelter for an automobile open on two or more sides. (Ord. 91-5 § 2, 1991) 17.08.152 Charging levels. “Charging levels” means the electrical force, or voltage, at which an electric vehicle’s battery is recharged. Levels 1, 2, and 3 are the most common electric vehicle charging levels, and include the following specifications: A. Level 1 is considered slow charging, requiring a 15- or 20-amp breaker on a 120-volt AC circuit and standard outlet. B. Level 2 is considered medium charging, requiring a 40-amp to 100-amp breaker on a 208- or 240-volt AC circuit. C. Level 3 is considered rapid charging, requiring a 60-amp or higher dedicated breaker on a 480-volt or higher three-phase circuit with special grounding equipment. Level 3 charging uses an off-board charger to provide the AC to DC conversion, delivering DC directly to the car battery. (Ord. 11-02 § 3, 2011) 17.08.155 Child day care facility. “Child day care facility” means a facility licensed by the state of Washington furnishing care, supervision and guidance of an individual or group of individuals for a period of more than four hours, but less than 24 hours, per day. Child day care facilities are classified as follows: A. “Child day care center” means a facility (not located in the residence of the care provider) providing regularly scheduled care within an age range of one month of age through 12 years of age, for periods less than 24 hours. 1. A Group 1 child day care center provides care for 12 or fewer children. 2. A Group 2 child day care center provides care to 13 or more children. City of East Wenatchee Ordinance 2021-05 Page 16 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) B. “Family day care home” means a facility located within the family dwelling of the person or person under whose direct care and supervision the child is placed, for the care of 12 or fewer children, including children who reside at the home. (Ord. 01-03 § 1, 2001) 17.08.160 Clinic. “Clinic” means a building designed and used for medical, dental and surgical diagnosis and treatment of outpatients under the care of doctors and nurses, having a central reception room for three or more doctors and operating under a central medical management. (Ord. 91-5 § 2, 1991) 17.08.162 Combined parking. “Combined parking” means an arrangement between private parties which satisfies the parking requirements by allocating the requisite number of spaces for each use in a common parking facility, cooperatively established or operated. Combined parking is more particularly described in EWMC 17.72.010. (Ord. 02-18 § 7, 2002) 17.08.164 Community youth center. “Community youth center” means an enclosed structure open to the general public that is owned and operated by the city of East Wenatchee or another public agency and that is used predominantly by children for cultural, educational, recreational, or social purposes. (Ord. 2000-01 § 3, 2000) 17.08.170 Conditional use. “Conditional use” means the uses, identified in Chapters 17.64 and 17.66 EWMC, which may be permitted subject to the conditions imposed by either the code compliance officer or the board of adjustment, in accordance with the provisions of this code. (Ord. 92-10 § 1, 1992; Ord. 92-1 § 1, 1992; Ord. 91-5 § 2, 1991) 17.08.180 Construction material, basic. “Basic construction material” means all concrete products, lumber, steel, cement and generally those materials used for structural support. (Ord. 91-5 § 2, 1991) 17.08.190 Coverage. “Coverage” means the total ground coverage of all buildings or structures on a site measured from the outside of external walls or supporting members, not including: pools; uncovered patios; uncovered decks less than 30 inches in height (exclusive of safety railings); driveways; open steps and buttresses; terraces; and ornamental features projecting from buildings or structures which are not otherwise supported by the ground. (Ord. 2000-02 § 1, 2000; Ord. 91-5 § 2, 1991) 17.08.192 Cryptocurrency. “Cryptocurrency” means a digital currency in which encryption techniques are used to regulate the generation of units of currency and verify the transfer of funds, operating independently of a central bank. Bitcoin is the most common example of cryptocurrency. (Ord. 19-19 § 6, 2019) 17.08.193 Cryptocurrency mining. “Cryptocurrency mining” means the operation of specialized computer equipment for the primary purpose of mining one or more blockchain based cryptocurrencies such as Bitcoin. This activity typically involves the solving of algorithms as part of the City of East Wenatchee Ordinance 2021-05 Page 17 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) development and maintenance of a blockchain which is a type of distributed ledger maintained on a peer-to-peer network. Typical physical characteristics of cryptocurrency mining include specialized computer hardware with a nondiverse electrical use for mining operations as well as equipment to cool the hardware and operating space. For the purposes of the associated regulations, cryptocurrency mining does not include the exchange of cryptocurrency or any other type of virtual currency nor does it encompass the use, creation, or maintenance of all types of peer-to-peer distributed ledgers. (Ord. 19-19 § 7, 2019) 17.08.194 Data center. “Data center” means a facility where the primary use is to house and operate networked computer systems and associated components that include, but may not be limited to, power supply, data communications connections, environmental controls, and security devices. Facilities or operations that meet the definition of “Cryptocurrency mining” will be regulated under that land use designation. (Ord. 19-19 § 8, 2019) 17.08.197 Deck. “Deck” means a covered or uncovered structure which requires a foundation or other supporting structure and is more than 30 inches in height (exclusive of safety railings) as measured from the average finished grade under the deck to the floor elevation. (Ord. 2000-02 § 2, 2000) 17.08.198 Density. “Density” means the permissible number of dwelling units that may be developed on a specific amount of land area, measured in number of dwelling units per acre. 17.08.199 Driveway. “Driveway” means a private access way connected to a public street serving a single residential or commercial unit. 17.08.199A Driveway, joint usage. “Driveway, joint usage” means a private access way connecting to a public street serving up to three adjacent residential or commercial units at a single point 17.08.200 Dwelling. “Dwelling” means a building or portion thereof designed exclusively for a residential occupancy including one-family, two-family, three-family and multifamily dwellings, but not including hotels, boardinghouses and lodging houses. (Ord. 91-5 § 2, 1991) 17.08.210 Dwelling, detached. “Detached dwelling” means a dwelling unit surrounded on all sides by open spaces. (Ord. 91-5 § 2, 1991) 17.08.220 Dwelling, multifamily. “Multifamily dwelling” means a building containing more than two kitchens and designed to be occupied by more than two families living independently of each other three or more dwelling units. (Ord. 91-5 § 2, 1991) 17.08.230 Dwelling, single-family. “Single-family dwelling” means a detached building containing one kitchen designed for and occupied exclusively by one family and the household employees of that family a building containing one dwelling unit on one lot, other than an accessory dwelling. A City of East Wenatchee Ordinance 2021-05 Page 18 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) single-family dwelling unit can be either attached or a detached unit, provided each dwelling unit is located on a separate lot. (Ord. 91-5 § 2, 1991) 17.08.231 Dwelling, single-family small lot. “Small lot single-family dwelling” means a single-family dwelling on a lot that is less than 5,000 square feet. 17.08.232 Dwelling, townhome. “Townhome dwelling” means a building containing a row of at least three dwelling units in which each unit has its own front access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common walls. Townhomes qualify as a type of multifamily dwelling. 17.08.233 Dwelling, triplex. “Triplex dwelling” means a building that contains three dwelling units. Each unit must share a common wall or common floor/ceiling with at least one other unit. Triplexes qualify as a type of multifamily dwelling. 17.08.240 Dwelling, two-family or duplex. “Two-family dwelling” or “duplex” means a building containing two kitchens and designed to be occupied by two families living independently of each otherthat contains two dwelling units on one lot. The units must share a common wall or common floor/ceiling. This definition does not include accessory dwelling units. (Ord. 91-5 § 2, 1991) 17.08.250 Dwelling unit. “Dwelling unit” means a building or portion thereof containing living facilities, including provision for sleeping, eating, cooking, and sanitation for not more than one family. (Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991) 17.08.252 Electric vehicle. “Electric vehicle” means any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on-board for motive purpose. “Electric vehicle” includes: A. Battery Electric Vehicle (BEV). Any vehicle that operates exclusively on electrical energy from an off-board source that is stored in the vehicle’s batteries, and produces zero tailpipe emissions or pollution when stationary or operating; B. Plug-In Hybrid Electric Vehicle (PHEV). An electric vehicle that (1) contains an internal combustion engine and also allows power to be delivered to drive wheels by an electric motor; (2) charges its battery primarily by connecting to the grid or other off- board electrical source; (3) may additionally be able to sustain battery charge using an on-board internal-combustion-driven generator; and (4) has the ability to travel powered by electricity; C. Neighborhood Electric Vehicle. A self-propelled, electrically powered four-wheeled motor vehicle whose speed attainable in one mile is more than 20 miles per hour and not more than 25 miles per hour and conforms to federal regulations under 49 CFR Part 571.500; and City of East Wenatchee Ordinance 2021-05 Page 19 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) D. Medium-Speed Electric Vehicle. A self-propelled, electrically powered four-wheeled motor vehicle, equipped with a roll cage or crush-proof body design, whose speed attainable in one mile is more than 25 miles per hour but not more than 35 miles per hour and otherwise meets or exceeds the federal regulations set forth in 49 CFR 571.500. E. Provisions may also be made for facilities to support electric scooters and motorcycles: any two- or three-wheel vehicle that operates exclusively on electrical energy from an off-board source that is stored in the vehicle’s batteries and produces zero emissions or pollution when stationary or operating. (Ord. 11-02 § 3, 2011) 17.08.253 Electric vehicle charging station. “Electric vehicle charging station” means a public or private parking space located together with a battery charging station which permits the transfer of electric energy (by conductive or inductive means) to a battery or other storage device in an electric vehicle. (Ord. 11-02 § 3, 2011) 17.08.254 Electric vehicle infrastructure. “Electric vehicle infrastructure” means structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations. (Ord. 11-02 § 3, 2011) 17.08.256 Emergency vehicle access. “Emergency vehicle access” means an improved easement providing access to structures for fire apparatus and other emergency vehicles as provided for in Section 503.1 of the International Fire Code as adopted by East Wenatchee and meeting the requirements of a fire apparatus access street as per EWMC 15.16.010. 17.08.258 Extremely low-income household "Extremely low-income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below 30 percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development. 17.08.260 Family. “Family” means an individual, or two or more persons related by blood or marriage, or a group of not more than three persons, excluding servants, who need not be related by blood or marriage, living together as a single housekeeping unit in a dwelling unit. (Ord. 91-5 § 2, 1991) 17.08.263 Farm animal, large. “Farm animal, large” means animals including, but not limited to, horses, ponies, donkeys, mules, cows, llamas, bovines, goats, sheep, or other similar size and type of animal. Dogs, cats and other house pets are not considered farm animals. (Ord. 13-03 § 3, 2013) 17.08.264 Farm animal, small. “Farm animal, small” means poultry, rabbit, or other similar size and type of animal. Dogs, cats and other house pets are not considered farm animals. (Ord. 13-03 § 3, 2013) City of East Wenatchee Ordinance 2021-05 Page 20 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) 17.08.270 Fences. “Fences” means front, side and rear yard fences which partially or completely enclose the front, side or rear yard respectively. A building permit shall not be required to construct “fences” six inches or less in width and six feet or less in height, however, all fences shall comply with EWMC 17.72.160. The term “fence” shall also include hedges and/or similar plantings that effectively create a visual or physical barrier; provided, that such vegetative “fences” shall not be considered acceptable as barriers surrounding pools. (Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991) 17.08.280 Garage, commercial. “Commercial garage” means a building or portion thereof designed and used for the storage or servicing of motor vehicles as a business. (Ord. 91-5 § 2, 1991) 17.08.290 Garage, private. “Private garage” means a building or portion of a building in which motor vehicles are stored or kept as an accessory use. (Ord. 91-5 § 2, 1991) 17.08.300 Gross floor area. “Gross floor area” means the sum of the gross horizontal areas within the surrounded walls of the several floors of a building but not including any of the following: A. Elevator shafts and stairways; B. Restrooms and locker rooms; C. Lunch rooms and conference rooms not open to the general public; D. Stock rooms or storage rooms when not open to the general public; E. Enclosed loading docks and corridors when not open to the general public; F. Building mechanical spaces for heating, ventilation, electrical, elevators or other such mechanical equipment; G. Public lobbies, common mall areas, atriums and courtyards provided solely for pedestrian access to the building from the exterior, and/or for aesthetic enhancement or natural lighting purposes; provided, that any portion of common areas or other areas identified in this section that contain a permanent retail establishment (i.e., a structure, kiosk, seating area, or counter) shall be included in the calculation of the gross floor area for determining the required parking; H. Permanently designated pedestrian corridors/passageways in multi-occupancy buildings (i.e., not subject to relocation by the requirements of a specific lease) for common access and exiting to tenant spaces. (Ord. 02-18 § 6, 2002; Ord. 91-5 § 2, 1991) 17.08.310 Group housing. “Group housing” means housing intended for residential occupancy of college students including dormitories, fraternity and sorority houses and eleemosynary sponsored living units. (Ord. 91-5 § 2, 1991) City of East Wenatchee Ordinance 2021-05 Page 21 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) 17.08.315 Handling or processing of hazardous substances. The use, dispensing, wholesaling, retailing, compounding, manufacturing, storage, treatment or synthesis of hazardous substances in quantities greater than five gallons in volume per individual container. (Ord. 91-5 § 2, 1991) 17.08.316 Hazardous waste. All dangerous and extremely dangerous wastes as defined by WAC 173-303-070 through 173-303-103. (Ord. 91-5 § 2, 1991) 17.08.320 Home occupation. “Home occupation” means a lawful business, occupation, enterprise, or profession conducted within a residential structure, including the dwelling or an attached or detached accessory structure, by a person residing within the dwelling plus no more than one nonresident individual. The home occupation must be clearly incidental and secondary to the use of the structure and premises for residential purposes. (Ord. 13-04 § 3, 2013; Ord. 91-5 § 2, 1991) 17.08.330 Hospital. “Hospital” means an establishment whose primary function is to provide sleeping and eating facilities to persons receiving medical or surgical care with nursing service on a continuous basis. (Ord. 91-5 § 2, 1991) 17.08.340 Hotel. “Hotel” means a building or portion thereof designed or used for transient rental or more than five units for sleeping purposes. A central kitchen and dining room and accessory shops and services catering to the general public can be provided. “Hotel” does not include institutions housing persons under legal restraint or requiring medical attention or care. (Ord. 91-5 § 2, 1991) 17.08.350 Humanistic services facility. “Humanistic services facility” means a facility providing relief for disadvantaged persons, whether for compensation or not, of a spiritual, material or medical nature. Such relief services may include any or all of the following: Emergency care including lodging, meals and other temporal items; religious services, professional counseling, rehabilitation of trade skills, food storage and dispensing and medical assistance. Nothing in this definition should be construed to include sheltered care or the detoxification of inebriates. (Ord. 91-5 § 2, 1991) 17.08.360 Instructional child care. Repealed by Ord. 01-03. (Ord. 91-5 § 2, 1991) 17.08.370 Junkyard. “Junkyard” means a place where junk, waste or discarded or salvaged materials such as scrap metal, bones, rags, used cloth, used rubber, used rope, used bottles, old or used machinery, used tools, used appliances, used fixtures, used utensils, used lumber, used boxes or crates, used pipe or pipe fittings, used tires or other manufactured goods are bought, sold, exchanged, stored, baled, packed or handled. (Ord. 91-5 § 2, 1991) 17.08.373 Kennel. “Kennel” means a structure, enclosure, or lot on which any combination of four or more dogs, cats or other domestic animals, at least four months of age, are kept for sale, City of East Wenatchee Ordinance 2021-05 Page 22 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) board, propagation, training, sporting purposes, or cared for as pets or for any other purpose. (Ord. 01-03 § 1, 2001) 17.08.375 Livestock. “Livestock” means animals including, but not limited to, fowl, horses, mules, burros, asses, cattle, sheep, goats, llamas, emu, ostriches, rabbits, swine, or other farm animals excluding dogs and cats. (Ord. 13-03 § 3, 2013) 17.08.380 Lodging house. “Lodging house” means a building with not more than five guest rooms where lodging is provided for compensation. (Ord. 91-5 § 2, 1991) 17.08.382Lot, corner. “Corner lot” means a lot located at the intersection of two or more streets. A lot abutting a curved street or streets must be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees. 17.08.384 Lot line, front. “Front lot line” means any property line of a lot which abuts a street, other than an alley. Corner lots, or lots bounded by more than one street, shall be considered to have two front lot lines. (Ord. 16-13 § 5, 2017; Ord. 02-22 § 3, 2002) 17.08.385 Lot line, rear. “Rear lot line” means the property line that is most opposite or most distant from the designated front lot line. Corner lots with two front yards must designate one rear lot line, maintaining the applicable required rear yard. The remaining lot line will be a side lot line. In the case of triangular or otherwise irregularly shaped lot, the rear lot line is a line 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line. (Ord. 16-13 § 6, 2017; Ord. 02-22 § 4, 2002) City of East Wenatchee Ordinance 2021-05 Page 23 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) 17.08.386 Lot line, side. “Side lot line” means any lot line that is not a front or rear lot line. (Ord. 16-13 § 7, 2017; Ord. 02-22 § 5, 2002) 17.08.390 Lot of record. “Lot of record” means a lot as designated on a plat upon which an owner of land lays it off into lots and blocks and dedicates any street indicated thereon to the public, which plat has been approved by the legislature and/or planning authority having jurisdiction thereof and has been filed for record with the auditor of Douglas County, Washington, including all lots having metes and bounds descriptions outside of the major subdivisions such as lots existed pursuant to the records of the Douglas County assessor’s office as of the effective date of the ordinance codified in this title. (Ord. 91-5 § 2, 1991) 17.08.393 Lot, substandard. “Substandard lot” means a lot that was lawfully established and met the lot area and lot width requirements of the East Wenatchee Municipal Code when it was established but does not conform to the lot area and width required to create a new lot in the zone in which it is currently located. (Ord. 16-13 § 8, 2017) 17.08.395 Lot, through. “Through lot” means a lot having frontage on two parallel or private roads that do not intersect at the lot line. (Ord. 16-13 § 9, 2017) 17.08.400 Lot width. “Lot width” means the distance between the side lines of a lot. Lot width shall be determined by the diameter of the largest circle that can be drawn within the boundaries of a lot. The diameter of the circle must be equal to or greater than the minimum lot width requirement of the underlying zone. (Ord. 16-13 § 10, 2017; Ord. 91-5 § 2, 1991) City of East Wenatchee Ordinance 2021-05 Page 24 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) 17.08.410 Lot, zoned. “Zoned lot” means lot of record. (Ord. 91-5 § 2, 1991) 17.08.412 Low-income household. "Low-income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below 80 percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development. 17.08.420 Manufactured home. “Manufactured home” means a factory-built, residential single-family dwelling structure constructed after June 15, 1976, and in accordance with the U.S. Department of Housing and Urban Development (HUD) standards and requirements for manufactured housing construction and bearing the appropriate insignia indicating such compliance. (Ord. 12-20 § 3, 2012; Ord. 98-3 § 1, 1998; Ord. 91-5 § 2, 1991) 17.08.425 Miniature goat. “Miniature goat” means those types of goats commonly known as pygmy, dwarf and miniature goats. (Ord. 13-03 § 3, 2013) 17.08.430 Mobile home. “Mobile home” means a factory-built, residential single-family dwelling structure constructed before June 15, 1976, and which is designed for transportation after fabrication in one or more sections on public streets and highways on its own chassis and wheels, and arriving at the site where it is placed on a foundation or tied down and skirted, with towing tongue, axles and wheels removed. Such a unit includes the connection to electric power, water supply and sewage disposal facilities. (Ord. 12-20 § 4, 2012; Ord. 91-5 § 2, 1991) 17.08.440 Mobile/manufactured home park. “Mobile/manufactured home park” means a lot, parcel or tract of land under single ownership or control occupied or designed to be occupied by two or more mobile or manufactured homes which are or will become used for single-family dwelling purposes. (Ord. 12-20 § 5, 2012; Ord. 91-5 § 2, 1991) 17.08.450 Modular home. “Modular home” means a structure constructed in a factory, transported in units and is in accordance with the Uniform Building Code and bearing the appropriate insignia and indicating such compliance. This definition includes “prefabricated,” “panelized” and “factory built” units. (Ord. 91-5 § 2, 1991) 17.08.460 Motel. “Motel” means a building or group of buildings in which lodging is offered to transient guests for compensation and providing accommodations for automobiles adjacent to the lodging. This term includes tourist court, motor lodge, auto court, cabin court, motor inn and similar names. (Ord. 91-5 § 2, 1991) 17.08.470 Municipal buildings. Notwithstanding any contrary provisions found elsewhere in this title, “municipal buildings” means those structures owned and maintained by units of government and used exclusively for authorized governmental functions mandated by statute. Not City of East Wenatchee Ordinance 2021-05 Page 25 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) included are structures whose primary use is that of public assembly. (Ord. 91-5 § 2, 1991) 17.08.480 Off-site hazardous waste facilities. “Off-site hazardous waste facilities” means hazardous waste treatment and storage facilities that treat and store hazardous waste from generators on properties other than those properties which the facilities are located on or are geographically contiguous to. (Ord. 91-5 § 2, 1991) 17.08.490 On-site hazardous waste facilities. “On-site hazardous waste facilities” means hazardous waste treatment and storage facilities that treat and store hazardous waste directly associated with the principal use of the property from generators located on the same property; provided, that such facilities comply with the state siting criteria contained in RCW 70.105.210 and WAC 173-303-282, or its successor. (Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991) 17.08.500 Parking space, parking stall. “Parking space” or “parking stall” means an area accessible to vehicles and used exclusively or principally for vehicle storage. (Ord. 02-18 § 8, 2002; Ord. 91-5 § 2, 1991) 17.08.503 Pasture area. “Pasture area” means that area which is enclosed within a perimeter fence, and does not include that portion of the property used for residential purposes such as required front yards and side yards. Pasture areas must be maintained with a permanent, uniform, vegetative top cover that provides forage at levels that matches the forage needs of the animal, and must be kept free of noxious weeds. (Ord. 13-03 § 3, 2013) 17.08.505 Patio. “Patio” means a covered or uncovered pad constructed of poured concrete, wood, brick, or other like materials and which lies directly on the ground or is 30 inches in height or less. (Ord. 2000-02 § 3, 2000) 17.08.510 Permissive use. “Permissive use” means a primary use of the land allowed in accordance with provisions of the use district in which it is located. (Ord. 91-5 § 2, 1991) 17.08.512 Personal service. “Personal service” means services to human beings including, but not limited to, beauty salons, barber shops, tanning salons, tailoring, shoe repairing, specialty boutiques, day spas, and similar services. (Ord. 13-04 § 4, 2013) 17.08.513 Pet boarding. "Pet boarding” means the keeping of otherwise healthy animals not requiring medical or surgical treatment for one or more nights. 17.08.516 Pet or companion animal.* “Pet or companion animal” means any species of animal commonly kept by inhabitants of Washington State as a pet or for companionship, except that snakes exceeding eight feet in length, venomous reptiles (regardless of whether the venom glands have been removed), and venomous amphibians (regardless of whether the venom glands have been removed) are not domestic animals, even if such animals are commonly kept by inhabitants of Washington State as pets or for companionship. (Ord. 13-03 § 3, 2013) City of East Wenatchee Ordinance 2021-05 Page 26 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) *Code reviser’s note: Ordinance 13-03 added this section as EWMC 17.08.507. It has been renumbered to preserve alphabetization. 17.08.520 Place of public or private assembly. “Place of public or private assembly” means a building used in whole or in part, for the gathering together of persons for such purposes as deliberation, entertainment, amusements or awaiting transportation. Clubs, lodges, theaters and similar uses shall fall under this definition. (Ord. 91-5 § 2, 1991) 17.08.522 Potbelly pig, miniature. “Potbelly pig, miniature” means that type of swine commonly known as the Vietnamese, Chinese, or Asian potbelly pig (Sus scrofa bittatus) that is 22 inches or less in height at the shoulder and no more than 150 pounds in weight. (Ord. 13-03 § 3, 2013) 17.08.523 Poultry. “Poultry” means chickens, ducks, geese, or similar types of domesticated birds kept for eggs or meat. (Ord. 13-03 § 3, 2013) 17.08.524 Primary or principal use. “Primary or principal use” means the predominant use of the land or building to which all other uses are secondary. (Ord. 01-03 § 1, 2001) 17.08.524A Professional offices. “Professional offices” means offices maintained and used as places of business conducted by persons engaged in health services for human beings, such as doctors and dentists, and by engineers, attorneys, realtors, architects, accountants, clerical, and other recognized general office and medical occupations. (Ord. 13-04 § 5, 2013) 17.08.525 Public facilities. “Public facilities” means land or structures owned by or operated for the benefit of the public use and necessity, including but not limited to public facilities as defined in RCW 36.70A.030, as amended, and may include streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, and schools. (Ord. 02-22 § 6, 2002; Ord. 01-03 § 1, 2001) 17.08.527 Public services. “Public services” include fire protection and suppression, law enforcement, public health, education, recreation, environmental protection, and other governmental services. (Ord. 02-22 § 7, 2002) 17.08.530 Secondary use. “Secondary use” means a use within the structure which is subordinate to its principal use. (Ord. 91-5 § 2, 1991) 17.08.540 Setback distance. “Setback distance” means the horizontal distance from the property line and located at the minimum setback distance from the property lineminimum required distance between a structure and a specified line such as a lot line, easement or buffer line that is required to remain free of structures. (Ord. 91-5 § 2, 1991) City of East Wenatchee Ordinance 2021-05 Page 27 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) 17.08.550 Setback line. “Setback line” means a line parallel to the property line and located at the minimum setback distance from the property line. (Ord. 91-5 § 2, 1991) 17.08.552 Sexually oriented materials. “Sexually oriented materials” means any books, magazines, periodicals, or other printed materials or any photographs, films, motion pictures, video cassettes, slides, laser discs, digital versatile discs (DVDs), computer discs, internet sites or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. The term “sexually oriented materials” includes any instruments, devices, or paraphernalia designed for use in connection with any specified sexual activities. (Ord. 2000-01 § 3, 2000) 17.08.556 Shared parking. “Shared parking” means an arrangement between private parties which routinely experience peak parking accumulations at different times of the day, week, or season, and that parking spaces not occupied by one use can accommodate another, nearby use. Examples might include a movie theater and office building, or church and office building. Shared parking is more particularly described in EWMC 17.72.010. (Ord. 02-18 § 9, 2002) 17.08.560 Signs. Repealed by Ord. 2000-03. (Ord. 91-5 § 2, 1991) 17.08.570 Special exceptions. “Special exceptions” means either variances in the use or space requirements of the zoning ordinance or conditional property uses subject to standards established in the zoning ordinance and approval by the board of adjustment. (Ord. 91-5 § 2, 1991) 17.08.572 Specified anatomical areas. “Specified anatomical areas” means and includes any of the following: A. The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or City of East Wenatchee Ordinance 2021-05 Page 28 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) B. Less than completely and opaquely covered human genitals, pubic region, anus, buttocks, or female breast below the top of the areola. (Ord. 2000-01 § 3, 2000) 17.08.573 Specified sexual activities. “Specified sexual activities” means and includes any of the following: A. The caressing, fondling, or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; or B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or C. Masturbation, actual or simulated; or D. Excretory functions as part of, or in connection with, any of the sexual activities specified in this definition. (Ord. 2000-01 § 3, 2000) 17.08.580 Story. “Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above it. If the finished floor level directly above a basement is more than six feet above grade such basement shall be considered a story. Any portion of a story exceeding 14 feet in height shall be considered as an additional story for each 14 feet or fraction thereof. (Ord. 91-5 § 2, 1991) 17.08.590 Structure. “Structure” means that which is built or constructed; an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner a combination of materials constructed and erected permanently in or on the ground or attached to something having a permanent location on the ground, not including utility poles and related ground or pad mounted equipment, fences less than six feet in height, retaining walls, rockeries, paved patios or driveways and other similar improvement of a minor character less than three feet in height. (Ord. 91-5 § 2, 1991) 17.08.600 Substandard street. “Substandard street” means a street having less than a 60-foot right-of-waythe standard right of way for the class of street as required by Title 12 EWMC, as the same exists now or may hereafter be amended. (Ord. 91-5 § 2, 1991) 17.08.610 Technical review committee. “Technical review committee” means a committee that will consist of the city’s planner, engineer, street superintendent, and code compliance officer. Their purpose is to review development proposals for their consistency with the city’s regulations. (Ord. 91-5 § 2, 1991) 17.08.620 Terrace. “Terrace” means an improved area adjacent to a structure being open and uncovered. (Ord. 91-5 § 2, 1991) City of East Wenatchee Ordinance 2021-05 Page 29 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) 17.08.625 Utility or utility services. “Utility” or “utility services” means any water, gas, sanitary or storm sewer, electrical, telephone, irrigation, drainage way, natural gas, facility and/or service and all persons, companies or governmental agencies furnishing the same. (Ord. 02-22 § 8, 2002) 17.08.627 Very low-income household "Very low-income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below 50 percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development. 17.08.628 Veterinary hospital. "Veterinary hospital" means a place where animals are given medical care and the boarding of animals is limited to short-term care incidental to the hospital use 17.08.630 Yard, front. “Front yard” means an open area that extends across the full width of a lot lying between the front lot line and the nearest point of a building front yard setback line measured horizontally and perpendicular from the front lot line. (Ord. 02-22 § 9, 2002; Ord. 91-5 § 2, 1991) 17.08.640 Yard, rear. “Rear yard” means an open area that extends across the full width of a lot lying between the rear lot line and the nearest point of a building measured horizontally and perpendicular from the rear lot linerear yard setback line. (Ord. 02-22 § 10, 2002; Ord. 91-5 § 2, 1991) 17.08.650 Yard, side. “Side yard” means an open area that extends from the front yard setback line to the rear yard between the side lot line and the nearest point of a building measured horizontally and perpendicular from the side lot setback line. (Ord. 02-22 § 11, 2002; Ord. 91-5 § 2, 1991) 17.08.660 Zero lot line development. “Zero lot line development” means the location of a building on a lot in such a manner that any portion of one or more of the building’s walls rests directly on a side or rear lot line. Each dwelling in a zero lot line development shall be located on its own individually platted lot. City of East Wenatchee Ordinance 2021-05 Page 30 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) (Ord. 16-13 § 11, 2017) City of East Wenatchee Ordinance 2021-05 Page 31 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Amendment 2. The City Council amends chapter 17.24 EWMC to read as follows: Chapter 17.24 R-L RESIDENTIAL LOW DENSITY DISTRICT Sections: 17.24.010 Purpose. 17.24.020 Permitted uses. 17.24.030 Accessory uses. 17.24.040 Conditional uses. 17.24.045 Prohibited uses. 17.24.050 Dimensional standards. 17.24.060 Off-street parking requirements. 17.24.070 Landscaping requirements. 17.24.090 Design standards and guidelines. 17.24.010 Purpose. The R-L residential low density district is a land use classification primarily suited for single-family residential living. Uses are limited to residential uses and under certain conditions public and service uses which by their nature as support services or facilities are necessarily better served by locating within the residential sector. (Ord. 16-09 § 5 (Exh. A), 2017; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991) 17.24.020 Permitted uses. The following uses shall be permitted uses in the R-L district: A. Single-family dwellings including modular and manufactured housing constructed in accordance with the design requirements set forth in Chapter 15.38 EWMC, but not to exceed one dwelling on any one lot unless otherwise permitted by this title; B. Temporary construction offices within the tract or subdivision on which buildings are being erected, and only for the duration of active construction; C. Residential planned unit developments approved pursuant to Chapter 17.68 EWMC and the applicable sections of the Greater Wenatchee Urban Area Design Standards and Guidelines which are adopted by this reference as if fully set forth herein; D. Adult family homes licensed by the Washington State Department of Social and Health Services and meeting the definition in EWMC 17.08.055; E. Bus passenger amenities meeting the requirements of EWMC 17.72.185; F. Agricultural uses of a horticultural nature such as vegetable gardens, fruit and nut trees, grape vines, and other horticultural stock; G. Duplex dwellings; provided, the property is immediately adjacent to a commercial zoning district (i.e., shares a common lot line or is directly across a public street from) and has sufficient land area to provide 8,000 square feet of land area per duplex City of East Wenatchee Ordinance 2021-05 Page 32 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) structure in addition to the land area required for any other dwellings existing on the same property. H. Duplexes on corners. This provision allows new duplexes in locations where their appearance and impact will be compatible with the surrounding houses. Duplexes on corner lots can be designed so each unit is oriented towards a different street. This gives the structure the overall appearance of a house when viewed from either street. 1. Development standards. Both units of the duplex or attached houses must meet the following standards to ensure that the two units have compatible elements. Adjustments to this paragraph are prohibited. The standards are: 2. Minimum lot size. The minimum lot size for duplexes on a corner lot is 8,000 square feet in area. 3. Entrances. Each of the units must have its address and main entrance oriented towards a separate street frontage. Deviation from this standard may be permitted if one of the streets is an arterial and the driveway would adversely impact circulation on that street. Where an existing house is being converted to two units, one main entrance with internal access to both units is allowed. 4. Exterior finish materials. The exterior finish material must be the same, or visually match in type, size and placement. 5. Roof pitch. The predominant roof pitch must be the same for both units. 6. Eaves. Roof eaves must project the same distance from the building wall. 7. Trim. Trim must be the same in type, size and location. 8. Windows. Windows must match in proportion and orientation. 1.9. Overall design. The overall design of the duplex must be consistent in bulk and character with the homes in the neighborhood. I. Triplex dwellings, provided they meet applicable minimum lot size standards in EWMC 17.24.050(A) and the following locational requirements: 1.The triplex is on a lot that is immediately adjacent to a commercial zoning district (i.e., shares a common lot line or is directly across a public street from). 2. The triplex is on a corner lot. (Ord. 16-09 § 5 (Exh. A), 2017; Ord. 07-05 § 4, 2007; Ord. 05-07 § 1, 2005; Ord. 01-03 § 1, 2001; Ord. 98-3 § 2, 1998; Ord. 94-2 § 1, 1994; Ord. 91-5 § 2, 1991) 17.24.030 Accessory uses. Subject to the dimensional standards set forth in EWMC 17.24.050, the following uses shall be accessory uses in the R-L district: A. Attached or detached accessory buildings and structures clearly incidental to the residential use of the lot, such as the storage of personal property, including private garages; B. Family day care home as defined in EWMC 17.08.155(B); City of East Wenatchee Ordinance 2021-05 Page 33 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) C. Not more than a total of eight cars, trucks, or recreational vehicles per dwelling unit may be parked outside of a building on any lot. Said vehicles shall be parked to the rear of the front yard setback line, except when parked in the driveway. For purposes of this section, “recreational vehicles” shall mean any travel trailers, truck campers, tent trailers, motor homes, snowmobiles, boats or jet skis, utility trailers for hauling materials or recreational vehicles, and similar equipment; D. Fences as provided for in EWMC 17.72.160; E. Covered Patios. 1. A freestanding covered patio must meet the standards of this title. If the cover over the patio is attached to a dwelling or within six feet of the dwelling it is to be considered as part of that dwelling for the purposes of determining the setback for the dwelling; 2. Height limit: 10 feet for a detached structure with a flat roof; provided, however, that a fireplace flue may extend beyond the maximum height limit to a height of not over 13 feet; in all other cases the roof height shall not exceed the provisions of EWMC 17.24.050(D); 3. Area limit: Must not exceed the provisions of EWMC 17.24.050(E); F. Swimming Pools. 1. All pools must be located behind the front yard setback line and maintain at least a five-foot setback from all side and rear property lines; 2. All pools and the yard or area around them must be enclosed by a fence/barrier of not less than 48 inches in height meeting the requirements established in the Uniform Building Code for Barriers for Swimming Pools, Spas and Hot Tubs, as the same now exists or may be amended as adopted in Chapter 15.04 EWMC and the following general provisions: a. Such fence/barrier shall be constructed and maintained as to prevent, within reason, any person from gaining access beneath, over, or through said fence/barrier; b. Gates or doors to the pool area shall be of the same height as the fence/barrier and substantial in construction; c. All gates or doors shall be equipped with self-closing mechanisms and devices for locking, and shall be kept locked at all times the pool is unguarded, unattended or not in use; G. Large satellite dish, amateur radio tower, or attached wireless communication facility subject to the provisions of Chapter 17.70 EWMC, as the same now exists or may hereafter be amended; H. Accessory dwelling units pursuant to the provisions of EWMC 17.72.190, as the same exists now or may hereafter be amended; City of East Wenatchee Ordinance 2021-05 Page 34 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) I. The keeping and raising of farm animals, livestock and poultry, as specified in EWMC 17.72.200; provided, that no commercial structure shall be constructed or maintained on the premises; J. Home occupations as specified in Chapter 17.66 EWMC. (Ord. 16-09 § 5 (Exh. A), 2017; Ord. 13-04 § 6, 2013; Ord. 13-03 § 4, 2013; Ord. 07-05 § 4, 2007; Ord. 05-07 § 3, 2005; Ord. 02-22 § 12, 2002; Ord. 01-03 § 1, 2001; Ord. 2000-02 § 4, 2000; Ord. 91-5 § 2, 1991) 17.24.040 Conditional uses. The following uses shall be conditional uses in the R-L district under conditions set forth in Chapter 17.64 EWMC: A. Public schools and private schools; B. Public parks and playgrounds; C. Churches; D. Municipal buildings; E. Public facilities and utilities; F. Neighborhood centers; G. Child day care centers – Group 1 facilities only as defined in EWMC 17.08.155(A)(1); H. Bed and breakfast facilities. (Ord. 16-09 § 5 (Exh. A), 2017; Ord. 13-04 § 7, 2013; Ord. 07-05 § 4, 2007; Ord. 05-07 § 6, 2005; Ord. 01-03 § 1, 2001; Ord. 2000-02 § 5, 2000; Ord. 91-5 § 2, 1991) 17.24.045 Prohibited uses. All uses not listed above as permitted uses, accessory uses, or conditional uses shall be prohibited uses. Upon application to the board of adjustment, the board may rule that a use not specifically named in the permitted uses of a district shall be included among the allowed uses if the use is of the same general type and is similar to the permitted uses; however, this section does not authorize the inclusion of a use in a district where it is not listed when the use is specifically listed in another district. (Ord. 16-09 § 5 (Exh. A), 2017; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001) 17.24.050 Dimensional standards. The following are dimensional standards in the R-L district: A. Minimum lot area: 1. Single-family dwelling: 5,000 square feet, except as provided in EWMC 17.72.020(D); 2. Duplex dwellings: 8,000 square feet; 3. Triplex dwellings: 10,000 square feet. B. Minimum width of lot at building line: 50 feet. Corner lots shall have a minimum width at the building line of 60 feet, except as provided in EWMC 17.72.020(D); C. Minimum lot depth: 80 feet; City of East Wenatchee Ordinance 2021-05 Page 35 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) D. Maximum building height: 35 feet, except where otherwise noted; E. Maximum land coverage: 1. Single-family dwellings and all other structures: 40 percent for all buildings; 2. Duplex, triplex, and courtyard apartments: 45 percent. F. Minimum setback distances, except as provided in EWMC 17.72.040: 1. Front yard: 15 feet, provided any garage or carport with vehicle entrances facing a street shall be set back at least 20 feet from the front lot line. Unenclosed porches and covered entries may project up to six feet into the front yard setback; 2. Rear yard: 15 feet; 3. Side yard: five feet 4. Corner lots. Buildings on corner lots shall observe the minimum front yard setback on both streets and shall provide at least one rear yard setback. (See illustration below.) Flag lots. The lot in front of a flag lot may reduce its side building setback along the flag pole lot line to 5 feet. Eaves may be within 2 feet of the flag pole lot line. All other setback requirements remain the same. (Ord. 16-09 § 5 (Exh. A), 2017; Ord. 08-09 § 3 Exh. A-1(2), 2008; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991) 17.24.060 Off-street parking requirements. Off-street parking requirements for the R-L district shall conform to the provisions in Chapter 17.72 EWMC, as the same exists now or may hereafter be amended. All required parking shall be located to the rear of the front yard setback. (Ord. 16-09 § 5 (Exh. A), 2017; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991) City of East Wenatchee Ordinance 2021-05 Page 36 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) 17.24.070 Landscaping requirements. All developments in this district shall be subject to the landscaping requirements in Chapter 17.72 EWMC, as the same exists now or may hereafter be amended. (Ord. 16-09 § 5 (Exh. A), 2017; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001) 17.24.090 Design standards and guidelines. Development within this district shall comply with the applicable sections of the Greater East Wenatchee Urban Growth Area Design Standards and Guidelines which are adopted by this reference as if fully set forth herein. (Ord. 16-09 § 5 (Exh. A), 2017; Ord. 07-05 § 4, 2007) City of East Wenatchee Ordinance 2021-05 Page 37 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Amendment 3. The City Council amends chapter 17.28 EWMC to read as follows: Chapter 17.28 R-M RESIDENTIAL MEDIUM DENSITY DISTRICT Sections: 17.28.010 Purpose. 17.28.020 Permitted uses. 17.28.030 Accessory uses. 17.28.040 Conditional uses. 17.28.045 Prohibited uses. 17.28.050 Dimensional standards. 17.28.060 Off-street parking requirements. 17.28.070 Landscaping requirements. 17.28.080 Site plan review. 17.28.090 Design standards and guidelines. 17.28.010 Purpose. The R-M residential medium density district is a land use classification suitable for residential uses with a variety of housing types, forms and densities to provide a greater degree of flexibility of design as an alternative to conventional single-family detached development. Uses are limited to residential uses and under certain conditions public and private service uses which are required to service residential uses in residential areas. (Ord. 16-10 § 5 (Exh. A), 2017; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991) 17.28.020 Permitted uses. The following uses shall be permitted uses in the R-M district: A. Any permitted use allowed in the R-L district with the exception of agricultural uses. Location or proximity requirements of the R-L district do not apply to the R-M district; B. Single-family small lot dwellings; C. Duplex, triplex, townhome, and multifamily dwellings; D. Assisted living facilities; E. Residential planned unit developments approved pursuant to Chapter 17.68 EWMC. B. Apartments, duplexes, assisted living facilities, other multifamily dwelling units up to 15 dwelling units per acre;, and multifamily dwellings. CD. Residential planned unit developments approved pursuant to Chapter 17.68 EWMC. (Ord. 16-10 § 5 (Exh. A), 2017; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991) City of East Wenatchee Ordinance 2021-05 Page 38 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) 17.28.030 Accessory uses. Subject to the dimensional standards set forth in EWMC 17.28.050, the following uses shall be accessory uses in the R-M district: All accessory uses allowed in the R-L district under conditions applicable to the R-L district as set forth in EWMC 17.24.030; except for the provision in EWMC 17.24.030(c). (Ord. 16-10 § 5 (Exh. A), 2017; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 2000- 02 § 6, 2000; Ord. 94-14 § 1, 1994; Ord. 91-5 § 2, 1991) 17.28.040 Conditional uses. The following uses shall be conditional uses in the R-M district under conditions set forth in Chapter 17.64 EWMC: A. Churches; B. Hospitals; C. Child day care centers – Group 1 facilities only as defined in EWMC 17.08.155(A)(1); D. Municipal buildings; E. Public facilities and utilities; F. Bed and breakfasts or boardinghouses; G. Neighborhood centers; H. Public schools and private schools; I. Public parks and playgrounds; J. Manufactured home parks. (Ord. 16-10 § 5 (Exh. A), 2017; Ord. 13-04 § 8, 2013; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991) 17.28.045 Prohibited uses. All uses not listed above as permitted uses, accessory uses, or conditional uses shall be prohibited uses. Upon application to the board of adjustment, the board may rule that a use not specifically named in the permitted uses of a district shall be included among the allowed uses if the use is of the same general type and is similar to the permitted uses; however, this section does not authorize the inclusion of a use in a district where it is not listed when the use is specifically listed in another district. (Ord. 16-10 § 5 (Exh. A), 2017; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001) 17.28.050 Dimensional standards. The following are dimensional standards in the R-M district: A. Minimum lot area:4,000 square feet. 1. Four thousand square feet for single-family dwellings, or 3,500 square feet for attached single-family dwellings; 2. Six thousand square feet for two-family dwellings; City of East Wenatchee Ordinance 2021-05 Page 39 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) 3. Six thousand square feet for the first two dwellings plus 2,900 square feet per each additional dwelling unit for a multifamily dwelling structure up to a maximum density of 15 dwelling units per acre; B. Maximum density: 1520 dwelling units per acre; CB. Minimum width of lot at building line: 50 feet. Alley-loaded lots shall have a minimum width of 40 feet. Corner lots shall have a minimum width at the building line of 60 feet; DC. Minimum lot depth: 70 feet; ED. Maximum building height: 50 feet; FE. Maximum land coverage: 45 50 percent for all buildings. GF. Minimum setback distances: except as provided in EWMC 17.72.040(B), (C), (D), (F) and (H): 1. Front yard: 15 to 20 feet, provided any garage or carport with vehicle entrances facing a street shall be set back at least 20 feet from the front lot line. Unenclosed porches and covered entries may project up to six feet into the front yard setback; 2. Rear yard: 15 feet; 3. Side yard: five feet plus one-half foot for each foot by which the building height exceeds 35 feet. To comply with the increased setback requirement for buildings over 35 feet, the building may be designed with the first floor at five feet and the upper floors stepped back to meet the increased setback requirement. Buildings on corner lots shall observe the minimum front yard setback on both streets and shall provide at least one rear yard setback. (Ord. 16-10 § 5 (Exh. A), 2017; Ord. 08-09 § 3 Exh. A-1(3), 2008; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 2000-02 § 7, 2000; Ord. 91-5 § 2, 1991) 17.28.060 Off-street parking requirements. The off-street parking requirements shall be as set forth in EWMC 17.72.010, as the same exists now or may hereafter be amended. (Ord. 16-10 § 5 (Exh. A), 2017; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991) 17.28.070 Landscaping requirements. All developments in this district shall be subject to the landscaping requirements in Chapter 17.72 EWMC, as the same exists now or may hereafter be amended. (Ord. 16-10 § 5 (Exh. A), 2017; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001) 17.28.080 Site plan review. Site plan review and approval pursuant to Chapter 17.80 EWMC shall be required prior to the use of land for the location of multiple dwelling units. (Ord. 16-10 § 5 (Exh. A), 2017; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001) City of East Wenatchee Ordinance 2021-05 Page 40 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) 17.28.090 Design standards and guidelines. Development within this district shall comply with the applicable sections of the Greater East Wenatchee Urban Growth Area Design Standards and Guidelines which are adopted by this reference as if fully set forth herein. (Ord. 16-10 § 5 (Exh. A), 2017; Ord. 07-05 § 4, 2007) City of East Wenatchee Ordinance 2021-05 Page 41 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Amendment 4. The City Council amends chapter 17.32 EWMC to read as follows: Chapter 17.32 R-H RESIDENTIAL HIGH DENSITY/OFFICE DISTRICT Sections: 17.32.010 Purpose. 17.32.020 Permitted uses. 17.32.030 Accessory uses. 17.32.040 Conditional uses. 17.32.045 Prohibited uses. 17.32.050 Dimensional standards. 17.32.060 Off-street parking requirements. 17.32.070 Landscaping. 17.32.080 Site plan review. 17.32.090 Design standards and guidelines. 17.32.010 Purpose. The R-H residential high density/office district is a land use classification suitable for high level of diversity and density in residential housing types and offices and limited commercial opportunities that can be integrated into the residential area. Uses are limited to residential and office uses and those uses deemed not to be unduly detrimental to the character of the district. (Ord. 16-11 § 5 (Exh. A), 2017; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991) 17.32.020 Permitted uses. The following uses shall be permitted uses in the R-H district: A. Any permitted uses allowed in the R-L district with the exception of agricultural uses. Location or proximity requirements of the R-L district do not apply to the R-H district; B. Single-family small lot dwellings; C. Duplex, triplex, townhome, and multifamily dwellings; D. Assisted living facilities; B. Apartments, duplexes, assisted living facilities, and other multifamily dwelling units up to 24 dwelling units per acre;and multifamily dwellings. CE. Boardinghouses, lodging houses and housekeeping rooms; FD. General or professional offices; provided, all of the following criteria are satisfied: 1. The term “general or professional offices” for this section includes a building or separately defined space (which may include more than one building) occupied City of East Wenatchee Ordinance 2021-05 Page 42 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) by doctors, dentists, accountants, bookkeepers, insurance agents, realtors, attorneys, optometrists, architects, professional engineers and surveyors, or any group or combination with a professional or personal service business, excluding commercial laundries, funeral services or other services where the use of hazardous chemicals, equipment, or process which creates noise, vibration, glare, smoke, dust, fumes, odors, heat or electrical interference with any radio or television receivers. In case of a dispute the administrator shall determine whether or not the proposed use is a professional or personal service business; 2. The use of an office does not include retail sales or manufacture of goods unless incidental and subordinate to the primary use of the property for the professional or service business, provided such operation or use does not exceed 30 percent of the floor area of the primary structure, or 3,000 square feet in area, whichever is less; 3. The lot has frontage on an arterial or collector street as shown on the comprehensive plan and uses such frontage as its primary access; 4. Off-street parking is provided in compliance with the provisions of EWMC 17.72.010, as the same exists now or may hereafter be amended; 5. Screening shall be provided on any property line abutting a residential land use consisting of a continuous fence supplemented with landscape planting or a continuous wall, evergreen hedge or combination thereof which effectively screens the area which it encloses. All required screening shall be constructed to the maximum heights allowable for fences; 6. Business hours are limited to between 7:00 a.m. and 10:00 p.m. daily; GE. Mobile/manufactured home parks meeting the standards of EWMC 17.64.130, including all future amendments. (Ord. 16-11 § 5 (Exh. A), 2017; Ord. 13-04 § 9, 2013; Ord. 13-03 § 5, 2013; Ord. 12-20 § 6, 2012; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991) 17.32.030 Accessory uses. Subject to the dimensional standards set forth in EWMC 17.32.050, the following uses shall be accessory uses in the R-H district: A. All accessory uses allowed in the R-L district under conditions applicable to the R-L district as set forth in EWMC 17.24.030, except the keeping and raising of livestock and poultry and except for the provision in EWMC 17.24.030(c). (Ord. 16-11 § 5 (Exh. A), 2017; Ord. 13-03 § 6, 2013; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 2000-3 § 4, 2000; Ord. 2000-02 § 8, 2000; Ord. 91-5 § 2, 1991) 17.32.040 Conditional uses. The following uses shall be conditional uses in the R-H district under conditions set forth in Chapter 17.64 EWMC: City of East Wenatchee Ordinance 2021-05 Page 43 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) A. Public schools and private schools; B. Churches; C. Clinics (not otherwise qualifying under EWMC 17.32.020(D)), hospitals and sanitariums; D. Child day care centers (Groups 1 and 2); E. Public facilities and utilities; F. Bed and breakfast facilities; G. Neighborhood centers; H. Public parks and playgrounds; I. Off-street parking facilities as a primary use may be permitted in the R-H district on zoning lots physically contiguous to any commercial district. Such parking uses shall be screened along any property line that abuts or faces a lot zoned for residential purposes pursuant to the requirements for Type I screening in EWMC 17.72.080. Any parking lot created under this section shall directly serve the permitted uses in the contiguous commercial districts. Parking thus provided may be credited toward the required off- street parking requirements for such permitted commercial uses; J. Broadcast relay tower communication facility subject to the provisions of Chapter 17.70 EWMC, as the same now exists or may hereafter be amended. (Ord. 16-11 § 5 (Exh. A), 2017; Ord. 13-04 § 10, 2013; Ord. 07-05 § 4, 2007; Ord. 02-22 § 13, 2002; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991) 17.32.045 Prohibited uses. All uses not listed above as permitted uses, accessory uses, or conditional uses shall be prohibited uses. Upon application to the board of adjustment, the board may rule that a use not specifically named in the permitted uses of a district shall be included among the allowed uses if the use is of the same general type and is similar to the permitted uses; however, this section does not authorize the inclusion of a use in a district where it is not listed when the use is specifically listed in another district. (Ord. 16-11 § 5 (Exh. A), 2017; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001) 17.32.050 Dimensional standards. The following are dimensional standards in the R-H district: A. Minimum lot area: 3,200 square feet. 1. Three thousand two hundred square feet for single-family dwellings or 3,000 square feet for single-family attached dwellings; 2. Five thousand square feet for a two-family dwelling; City of East Wenatchee Ordinance 2021-05 Page 44 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) 3. Five thousand square feet for the first two dwellings plus 1,700 square feet for each additional dwelling unit for multifamily dwelling structures; 4. Seven thousand square feet for general and professional offices; B. Maximum density: 24 30 dwelling units per acre; C. Minimum width of lot at building line: 1. 40 feet for one- or two-story buildings; 2. , 50 feet for three- to four-story buildings; 3. 60 feet for corner lots shall have a minimum width at the building line of 60 feet, , except as provided in EWMC 17.72.020(D); D. Minimum lot depth: 80 60 feet; E. Maximum building height: 50 feet; F. Maximum land coverage: 50 60 percent for all structures; G. Minimum setback distances: except as provided in EWMC 17.72.040(B), (C), (D), (F) and (H): 1. Front yard: 10 feet from the front property line. Any garage or carport with entrances facing a street shall be set back at least 20 feet; 2. Rear yard: 15 feet; 3. Side yard: Five feet plus one-half foot for each foot by which the building height exceeds 35 feet. To comply with the increased setback requirement for buildings over 35 feet, the building may be designed with the first floor at five feet and the upper floors stepped back to meet the increased setback requirement. 4. Buildings on corner lots shall observe the minimum front yard setback on both streets and shall provide at least one rear yard setback. (Ord. 16-11 § 5 (Exh. A), 2017; Ord. 08-09 § 3 Exh. A-1(4), 2008; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 2000-02 § 9, 2000; Ord. 91-5 § 2, 1991) 17.32.060 Off-street parking requirements. A. The off-street requirements shall be as set forth in EWMC 17.72.010, as the same exists now or may hereafter be amended. B. All of the parking shall be located to the rear of any front yard setback line and shall not project beyond any side yard setback line. (Ord. 16-11 § 5 (Exh. A), 2017; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991) City of East Wenatchee Ordinance 2021-05 Page 45 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) 17.32.070 Landscaping. All developments in this district shall be subject to the landscaping requirements in Chapter 17.72 EWMC, as the same exists now or may hereafter be amended. (Ord. 16-11 § 5 (Exh. A), 2017; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991) 17.32.080 Site plan review. Site plan review and approval pursuant to Chapter 17.80 EWMC shall be required prior to the use of land for the location of any commercial activity or for the location of multiple dwelling units. (Ord. 16-11 § 5 (Exh. A), 2017; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991) 17.32.090 Design standards and guidelines. Development within this district shall comply with the applicable sections of the Greater East Wenatchee Urban Growth Area Design Standards and Guidelines which are adopted by this reference as if fully set forth herein. (Ord. 16-11 § 5 (Exh. A), 2017; Ord. 07-05 § 4, 2007) City of East Wenatchee Ordinance 2021-05 Page 46 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Amendment 5. The City Council amends chapter 17.34 EWMC to read as follows: Chapter 17.34 Commercial Zoning District Land Use Matrix Code 2002 NAICS Land Use Description EW Urban Area G-C MU WMU CBD Residential (Single-Family Dwelling Units) P P Residential (Townhome) P7 P P P7 Residential (Duplex) Residential (Triplex) A A Residential (Multifamily Dwelling Units) A/C P P A/C Residential (Existing) P4 P P P4 Notes: See specific zoning district and use chapters for dimensional standards and other design standards that may be applicable to specific districts and uses. P – Permitted use in that district. P1 – All storage must comply with the requirements of EWMC 17.72.150 and the gross floor area of the building cannot exceed 5,000 sq. ft. (excluding general office space). P2 – All storage must comply with the requirements of EWMC 17.72.150. P3 – Subject to the requirements of EWMC 17.72.180. P4 – Existing residential structures. It is recognized that existing residential structures, legally established before the effective date of this zoning district, are permitted to continue as a place of habitation; provided, if the structure housing the residential use obtains an occupancy permit for any other use established in this section, the residential status protected under this provision is revoked. P5 – Large satellite dish, amateur radio tower, attached wireless or broadcast and relay tower communication facility subject to the provisions of Chapter 17.70 EWMC, as the same now exists or may hereafter be amended. City of East Wenatchee Ordinance 2021-05 Page 47 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) P6 – Automobile, boat, recreational vehicle sales or leasing, new or used, must comply with the following requirements: 1. The business must be located on an arterial or collector; 2. Any repairing, painting or body work must be conducted inside of a building and no parts storage or inoperable vehicles may be stored outside of a building; 3. If abutting a residential zone, Type 1 landscape screening must be installed along all property lines abutting a residential zoning district in compliance with the requirements of EWMC 17.72.080(A); 4. A minimum of a 25-foot setback shall be required of any building abutting any residential zone; 5. Vehicle storage may not occupy more than 60 percent of the site that is not covered by structures, landscaping, required customer and staff parking, and unimproved portions of the property; 6. The applicant must submit a parking plan showing the arrangement of motor vehicles within the proposed motor vehicle outdoor display and storage areas. The plan must delineate parking spaces for customers and employees. All outdoor vehicle display areas must be paved and striped according to the parking plan. P7 -– Residential uses are prohibited on the ground floor of buildings (or portions thereof) facing the street. Buildings facing the street (or portions thereof) must reserve ground level space at least 60-feet deep for other permitted uses. Exception: Residential lobbies may be located on the ground floor of buildings facing the street. A – Accessory use. Must have a principal use established on the property. A1 – Must be directly associated with the principal use of the property and shall comply with RCW 70.105.210 and WAC 173-303-282. A2 – Large satellite dish, amateur radio tower, attached wireless or broadcast and relay tower communication facility subject to the provisions of Chapter 17.70 EWMC, as the same now exists or may hereafter be amended. Requirements for R-H district applicable to the mixed use districts. C – Conditional use permit required. City of East Wenatchee Ordinance 2021-05 Page 48 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Amendment 6. The City Council amends chapter 17.72 EWMC to read as follows: Chapter 17.72 GENERAL REGULATIONS Note: Due to the large number of sections in this chapter, sections that have not been changed have not been included. The list below highlights the sections that have been amended. Sections: 17.72.005 Purpose. 17.72.010 Off-street parking. Amended 17.72.020 Use of land or buildings. Amended 17.72.030 Recreational vehicles. 17.72.035 Building height measurement. 17.72.040 Structures generally. Amended 17.72.045 Lot size averaging. 17.72.050 Landscaping – Purpose and intent. 17.72.060 General landscaping. 17.72.070 Parking lot landscapes. Amended 17.72.080 Screening requirements. 17.72.090 Existing site vegetation. 17.72.100 Maintenance. 17.72.110 Performance assurance/bonding. 17.72.120 Minor modification of landscaping requirements – Technical review committee. 17.72.130 Payment in lieu of landscaping. 17.72.140 Landscaping for additions to existing buildings. 17.72.150 Storage and display standards. 17.72.160 Fences. Amended 17.72.170 Garbage containers – Placement and screening. 17.72.180 Adult entertainment facilities. 17.72.185 Bus passenger amenities. 17.72.190 Accessory dwelling units. 17.72.200 Farm animals, livestock, and poultry. 17.72.210 Lot frontage. Amended 17.72.211 Flag lots. New Section 17.72.220 Storage facilities associated with residential development. 17.72.230 On-site recreation – Space required. 17.72.240 Pedestrian and/or bicycle trail access. 17.72.250 Preservation of public and private open space. 17.72.255 Electric vehicle infrastructure. 17.72.260 Required use of public sanitary sewer system. 17.72.270 Cryptocurrency mining. City of East Wenatchee Ordinance 2021-05 Page 49 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) 17.72.010 Off-street parking. G. Off-Street Parking Requirements – Specified Uses. The following requirements shall be met in all zones, except as provided for in subsection (B)(1) of this section. These parking requirements are referenced to spaces per square foot and are to be computed on the basis of gross floor area unless otherwise specified in this table. LAND USE STANDARDS MINIMUM PARKING SPACES RESIDENTIAL LAND USES: Accessory dwelling unit 1 space/unit Bed and breakfast 1 space/guestroom bedroom Boarding or lodging home or room 1 space/guestroom bedroom Duplexes 2 spaces/dwelling unit 1 space per bedroom, but not more than 2 spaces per dwelling unit Triplexes 1 space per bedroom, but not more than 2 spaces per dwelling unit Townhome 1 space per bedroom, but not more than 2 spaces per dwelling unit Institutional: welfare or correctional institution, sanitarium, nursing home, assisted living facility, retirement home, rest home or convalescent center, congregate care facility 1 space/5 beds or 1 space/5 dwelling units, whichever is less Multifamily Studio and oOne-bedroom units: 1 space/dwelling unit; Two-bedroom units: 1.5 spaces/dwelling unit Two Three or more bedroom units: 2 spaces/dwelling unit; Plus.50 .25 spaces/dwelling unit for guest parking Student or group housing 1 space/bedroom Single-family and manufactured home parks 2 spaces/dwelling unit City of East Wenatchee Ordinance 2021-05 Page 50 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) I. Downtown Business Area Figure. (Ord. 16-12 § 5, 2017; Ord. 16-06 § 6 (Exh. B), 2016; Ord. 02-18 § 10, 2002; Ord. 91-5 § 2, 1991) City of East Wenatchee Ordinance 2021-05 Page 51 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) 17.72.020 Use of land or buildings. Except as herein provided: A. No building or structure shall be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land, building, structure, open space or premises be used, designed or intended to be used for any purpose or in any manner other than a use listed in this title as permitted in the use district in which the land, building, structure or premises is located. B. No building or structure shall be erected nor shall any existing building or structure be moved, reconstructed or structurally altered to exceed in height the limit established by this title. C. No yard or other open spaces provided about any building or structure for the purpose of complying with the regulations of this title or amendments thereto shall be considered as providing a yard or open space for any other building or structure. D. In the residential districts for lots which were lots of record prior to the passage of the ordinance codified in this title and which contain less than the required width and/or less than the required minimum lot area, but contain an area of not less than 5,000 square feet and a minimum width at building line of not less than 40 feet, a building permit may be issued by the administrator of this title without a hearing before the hearing examiner; provided, that the structure built on any such nonconforming lot of record shall meet all of the remaining dimensional standards required in the district in which the structure is located. E. Garages or carports in any zoning district that permits residential uses and within any residential planned unit development shall be set back 20-feet as measured from the right-of-way, access easement or front property line. The setback may be reduced to 18-feet if justified to the satisfaction of the city engineer. (Ord. 16-12 § 6, 2017; Ord. 07-05 § 7, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991) 17.72.040 Structures generally. A. No accessory building shall be used as a place of habitation, unless expressly permitted otherwise by this title and city building, life and safety codes. B. Accessory structures may be built within a rear yard; provided, that the maximum lot coverage is not exceeded and that no structure or combination of structures cover more than 50 percent of the land area of within the rear yard. A five-foot setback from all property lines is required except as provided below. C. No accessory structure shall occupy any part of a required front yard area. D. Accessory structures may observe a three-foot setback the side and rear yard areas; provided, that no combination of structures extend more than 50 percent of the horizontal distance of the rear or side property line. Accessory buildings structures may observe a zero setback where a rear or side property line is adjacent to an alley. In all other circumstances, accessory buildings shall observe a five-foot setback in rear and side yard areas. No roof eave or any other part of the structure may project or overhang City of East Wenatchee Ordinance 2021-05 Page 52 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) across any property line and said structure shall be constructed with a roof that directs stormwater runoff away from any neighboring properties. E. All gasoline station pump islands shall be set back at least 15 feet from all property lines. F. If a lot in a residential district not facing on a substandard street or half-street is adjoined on both sides by lots on which structures are set back less than the required front yard setback, a new structure on the heretofore vacant center lot may set back a distance equal to the average setback of the two adjoining properties but in no case shall the garage setback be less than 20 feet. All lots used for this average setback provision must be located within the same zoning district. G. Cul-de-Sacs or Irregular Lots. No building or structure shall be erected where the front building setback line measures less than 60 feet wide, except when located in a manufactured home park or if specifically approved as a part of a planned development. 17.72.070 Parking lot landscapes. The purpose of parking lot landscape development is to soften the visual effect created by large expanses of barren asphalt. It shall meet the following criteria: A. Required Area. 1. Commercial and industrial zoning districts. Planting areas shall constitute at least four six percent of the parking area in the commercial and industrial zoning districts. 2. In all other developments zoning districts except for single-family districts, 10 percent of the parking area shall be landscaped. Such amounts of landscaping may be included in the overall amount of landscaping required by EWMC 17.72.060(G). B. Minimum Width and Length. Planting areas shall have a minimum average width of five feet. When located in a row of parking stalls, planting areas shall be the same length as the adjacent parking stalls. C. Location of Plantings. All planting areas should be located between parking stalls or the end of parking columns. Where vehicle overhang extends into landscape areas, a setback shall be provided that allows adequate growing space for all trees and shrubs. D. Tree Requirements. A minimum of one tree shall be required for each 150 square feet, or fraction thereof, of required landscape areas. Deciduous trees shall have a clear trunk of at least five feet above the ground, and the remaining area shall be landscaped with shrubs and/or groundcover. E. Landscape areas next to a pedestrian walkway shall be planted to provide a clear view zone between 3 and 8 feet from ground level within a minimum of 3 feet abutting the edge of the walkway. EF. Any trees, shrubs, or plants which are susceptible to damage or injury by pedestrian or motor traffic shall be protected by appropriate curbs, tree guards or other protective devices. (Ord. 07-05 § 7, 2007; Ord. 91-5 § 2, 1991) City of East Wenatchee Ordinance 2021-05 Page 53 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) 17.72.160 Fences. Fences in all zoning districts shall meet the following requirements except as may be provided in a specific district: A. Fence Heights. In any use zoning district, except as otherwise provided in that district or in Chapter 10.28 EWMC or in subsection B of this section, no fence shall exceed the following height standards: 1. Front yard: 48 inches maximum height as measured from the finished grade of the lot within 10 feet of the front lot line. On corner lots and when located within a sight distance triangle as defined in Chapter 10.28 EWMC, no fence or other physical obstruction shall be higher than 48 inches as measured from the established road grade. 2. Side yard: a maximum of 48 inches in height as measured from the established road grade within 10 feet of the front lot line, at which point it may be a maximum of six feet in height as measured from the finished grade of the lot. 3. Rear yard: six feet maximum height from the finished grade of the lot. B. Double Frontage Lots within Residential Districts. Double frontage lots within a residential district and located on a collector or arterial road may construct a fence six feet in height on the front lot line adjacent to the arterial or collector. The fence height shall be measured from the established road grade. The All of the following criteria shall be met to achieve the maximum fence height, otherwise the maximum height is 48 inches within five feet of the lot line and six feet beyond: 1. Vehicular access is prohibited from the arterial or collector roadway for the affected lot; 2. If a gate is located for each affected lot that it beand which is designed for pedestrian access only; 3. The fence complies with the minimum standards set forth in Chapter 10.28 EWMC for sight distance triangles; and 4. The fence shall be maintained and kept in good repair. C. Fences Enclosing Special Public or Private Buildings. A fence enclosing public or private school grounds, playfields, municipal buildings, cemeteries, or utilities may be a maximum height of eight feet as measured from the established road grade provided the requirements of Chapter 10.28 EWMC for sight distance triangles is observed. D. Fence posts and decorative features may exceed the maximum fence height by no more than 18 inches provided the features are spaced at least six 6 feet apart. (Ord. 07- 05 § 7, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991) 17.72.210 Lot frontage. Residential lots shall have not less than 40 feet of frontage on a public or private roadway, except when located within a cul-de-sac, a manufactured home park, a planned development or when the lot is accessed from a joint-use driveway or access easement meeting the requirements of Chapters 12.50 through 12.60 EWMC, comprehensive street standards, and any amendments. A minimum of 20 feet of City of East Wenatchee Ordinance 2021-05 Page 54 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) contiguous frontage is required for lots located on a cul-de-sac (road right-of-way) in all use districts and lots located on the outside of a road curve with a radius between 50 and 75 feet unless a shared driveway is approved by the city engineer. (Ord. 16-12 § 10, 2017; Ord. 10-09 § 8, 2010; Ord. 07-05 § 7, 2007) 17.72.211 Flag lots. [NEW] The following regulations apply to flag lots: A. Purpose. These regulations allow the creation of flag lots in limited circumstances. The limitations minimize the negative impacts of flag lots and additional driveways on an area while allowing land to be divided when other options are not achievable. B. When a flag lot is allowed. A flag lot is allowed only when the following are met: 1. No more than three lots are proposed, only one of which is a flag lot; and 2. Minimum density requirements for the zoning districtDistrict will be met.; and 3. One of the following are conditions exist: a. An existing dwelling unit or attached garage on the site is located so that it precludes a land division that meets the minimum lot width standard of the District within which the property is located. The dwelling unit and attached garage must have been on the site prior to the adoption of this section; or b. The site has dimensions that preclude a land division that meets the minimum lot width standard of the District within which the property is located;. C. Flag lot access pole. The pole portion of the flag lot must meet the following standards. Adjustments are prohibited: 1. The pole must connect to a street; 2. The pole must be at least 20 feet wide for its entire length; 3. The pole must be part of the flag lot and must be under the same ownership as the flag portion; and 4. . No buildings or structures are permitted to be constructed within the pole area. D. Minimum lot area. Only the area of the flag portion is included when calculating the minimum lot area. The area of the pole portion of the lot is not included. E. Minimum lot dimensions. 1. Flag lots must have a minimum street frontage of 20 feet. 2. The minimum lot width and minimum lot depth required for each flag lot is 40 feet. 3. For the purposes of this subsection width and depth are measured at the midpoints of the opposite lot lines of the flag portion of the lot. All other lot dimension standards must be met. City of East Wenatchee Ordinance 2021-05 Page 55 of 55 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) F. Minimum setbacks. The lot line opposite the public right of way will be considered the rear lot line for the flag lot. A 15 foot setback is required from the rear lot line. Other lot lines shall be considered Side Yardsside yards. requiring a 5 foot setback. No buildings are permitted to be constructed within the pole area. See diagram below. The rear and side yards meet the dimension standards of the applicable District. Flag lots are exempt from providing front yards. Flag Lot Diagram RY Flag Lot SY SY Area SY RY SY SY FY Public Street Buildable Standard Lot Pole