HomeMy WebLinkAbout2022-08 - Amending Title 16 Subdivisions, Title 17 Zoning, Section 18.12E.030 Critical Areas – Aquifer Recharge Areas Designation, and Section 19.11 Definitions - 3/15/2022City of East Wenatchee Ordinance 2022-08
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City of East Wenatchee, Washington
Ordinance No. 2022-08
An Ordinance of the City of East Wenatchee amending Title 16
Subdivisions, Title 17 Zoning, Section 18.12E.030 Critical Areas –
Aquifer Recharge Areas – Designation, and Section 19.11 Definitions,
containing a severability clause, and establishing an effective date.
Una ordenanza de la ciudad de East Wenatchee que modifica el Título
16 Subdivisiones, el Título 17 Zonificación y la Sección 18.12E.030 Áreas
críticas - Áreas de recarga de acuíferos - Designación, y la sección 19.11
Definiciones, que contiene una cláusula de separabilidad y establece una
fecha de vigencia.
1. Alternate format.
1.1. Para leer este documento en otro formato alternativo (español, Braille,
leer en voz alta, etc.), comuníquese con el secretario de la ciudad al
alternatformat@eastwenatcheewa.gov, 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@eastwenatcheewa.gov, 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. The City Council reviewed the proposed amendments at a workshop on
February 10, 2022.
2.3. On February 22, 2022, the East Wenatchee Planning Commission held an
open-record public hearing to consider the proposed amendments to the
East Wenatchee Municipal Code. The proposal received a
recommendation of approval from the East Wenatchee Planning
Commission with a unanimous vote in favor (Brown, Birks, Jessup, Merz,
Larsen, Hewitt).
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 purpose of this ordinance is to amend Title 16 Subdivision, Title
17 Zoning, Section 18.12E.030, and Section 19.11 Definitions of the East
Wenatchee Municipal Code.
City of East Wenatchee Ordinance 2022-08
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THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS
FOLLOWS:
5. Amendments. The City Council accepts the recommendation of the East
Wenatchee Planning Commission and adopts amendments to Title 16
Subdivision, Title 17 Zoning, Section 18.12E.030, and Section 19.11
Definitions of the East Wenatchee Municipal Code as set forth in Exhibit A,
Exhibit B, Exhibit C and Exhibit D 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 Title 16 Subdivision, Title 17
Zoning, Title 18.12E.030 Critical Areas – Aquifer Recharge, and Section
19.11 Definitions.
6.1.2. The Greater East Wenatchee Area Comprehensive Plan (2021)
reflects the community’s preferred future and contains goals and policies
pertaining to the proposed amendments.
6.1.3. The Planning Commission held a workshop to review the
proposed amendments on January 25, 2022.
6.1.4. The proposed amendments have been posted on the City’s
website since December 2021.
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 8,
2021. The comment period ended on February 7, 2022. No comments
were received indicating that the proposal would have a probable
significant adverse impact on the environment.
6.1.6. RCW 36.70A.106 requires submittal of amendments to
comprehensive plans and development regulations to the Washington
State Department of Commerce – Growth Management Services and
other state and local agencies for a 60-day review. The proposal was
submitted to Commerce on December 9, 2021. The review period
terminated on February 7, 2022.
6.1.7. No comment was received for the proposals during the 60-day
comment period.
6.1.8. Advertisement of the Planning Commission’s public hearing was
published in the Wenatchee World on February 10, 2022.
City of East Wenatchee Ordinance 2022-08
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6.1.9. The East Wenatchee Planning Commission held a duly
advertised open-record public hearing on February 22, 2022. The
planning commission entered into the record the files on these
amendments, accepted public testimony, and deliberated the merits of
the proposals.
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
workshop 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.
6.2.5. The proposed amendments are consistent with the requirements
of the Revised Code of Washington and the Washington
Administrative Code.
6.2.6. The proposed amendments are consistent with the Greater East
Wenatchee Area Comprehensive Plan and the Growth Management
Act.
6.2.7. 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.
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16.04.040 Suitability for subdivision.
Land which the administrator or the hearing examinerplanning commission finds to be
unsuitable for land subdivision due to flooding, bad drainage, steep slopes, rock formations or
other features likely to be harmful to the safety and general health of future residents and which
the hearing examinerplanning commission considers inappropriate for subdivision shall not be
subdivided unless adequate methods are provided for overcoming these conditions.
Chapter 16.08
DEFINITIONS
Sections:
16.08.010 Generally.
16.08.020 Administrator.
16.08.030 Alley.
16.08.040 Block.
16.08.050 City.
16.08.060 Commission.
16.08.070 Comprehensive plan.
16.08.080 Council.
16.08.090 County.
16.08.100 Cul-de-sac.
16.08.110 Dedication.
16.08.120 Easement.
16.08.130 Environmental health standards.
16.08.140 Final plat.
16.08.150 Frontage.
16.08.160 Lot.
16.08.170 Official plans.
16.08.180 Plat.
16.08.190 Preliminary plat.
16.08.200 Reserve easement.
16.08.210 Reverse frontage lots.
16.08.220 Roadway.
16.08.230 Short plat.
16.08.240 Short subdivision.
16.08.250 Street.
16.08.260 Street, private.
16.08.270 Street, public.
16.08.280 Subdivider.
16.08.290 Subdivision.
16.08.010 Generally.
Whenever the following words and phrases appear in this title they shall be given the meaning
attributed to them by this chapter. When not inconsistent with the context, words used in the
present tense shall include the future; the singular shall include the plural, and the plural the
singular; the word “shall” is always mandatory and the word “may” indicates a use of discretion
in making a decision. (Ord. 21-09 § 5 (Exh. A), 2021; Ord. 282 § 2.00, 1979)
EXHIBIT A
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16.08.020 Administrator.
“Administrator” means the East Wenatchee community development director or his/her
designated representative who is vested with the duty of administering subdivision and platting
regulations within the incorporated areas of East Wenatchee. (Ord. 21-09 § 5 (Exh. A), 2021;
Ord. 282 § 2.00(1), 1979)
16.08.030 Alley.
“Alley” means a strip of land dedicated to public use providing vehicular and pedestrian access
to the rear side of properties which abut and are served by a public street. (Ord. 21-09 § 5 (Exh.
A), 2021; Ord. 282 § 2.00(2), 1979)
16.08.040 Block.
“Block” means a group of lots, tracts or parcels within well-defined and fixed boundaries. (Ord.
21-09 § 5 (Exh. A), 2021; Ord. 282 § 2.00(3), 1979)
16.08.050 City.
“City” means the city of East Wenatchee. (Ord. 21-09 § 5 (Exh. A), 2021; Ord. 282 § 2.00(4)(a),
1979)
16.08.060 Commission.
“Commission” means the East Wenatchee planning commission. (Ord. 21-09 § 5 (Exh. A),
2021; Ord. 282 § 2.00(5), 1979)
16.08.070 Comprehensive plan.
“Comprehensive plan” means the current comprehensive plan as adopted by the council
pursuant to state law. (Ord. 21-09 § 5 (Exh. A), 2021; Ord. 282 § 2.00(6), 1979)
16.08.080 Council.
“Council” means the city council for the city of East Wenatchee. (Ord. 21-09 § 5 (Exh. A), 2021;
Ord. 282 § 2.00(4), 1979)
16.08.090 County.
“County” means the county of Douglas, Washington. (Ord. 21-09 § 5 (Exh. A), 2021; Ord. 282 §
2.00(7), 1979)
16.08.100 Cul-de-sac.
“Cul-de-sac” means a street closed at one end by a circular area of sufficient size for turning
vehicles around. (Ord. 21-09 § 5 (Exh. A), 2021; Ord. 282 § 2.00(8), 1979)
16.08.110 Dedication.
“Dedication” means the deliberate appropriation of land by an owner for any general and public
uses, reserving to himself no other rights such as are compatible with the full exercise and
enjoyment of the public uses to which the property has been dedicated. (Ord. 21-09 § 5 (Exh.
A), 2021; Ord. 282 § 2.00(9), 1979)
16.08.120 Easement.
“Easement” means a grant by a property owner to specific persons or to the public to use land
for a specific purpose or purposes. (Ord. 21-09 § 5 (Exh. A), 2021; Ord. 282 § 2.00 (10), 1979)
16.08.130 Environmental health standards.
“Environmental health standards” means those standards for the provision of adequate water
and sewage treatment facilities in Douglas County and East Wenatchee which have been
EXHIBIT A
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adopted by the Chelan-Douglas Health District. (Ord. 21-09 § 5 (Exh. A), 2021; Ord. 282 § 2.00
(11), 1979)
16.08.140 Final plat.
“Final plat” means the final drawing of the subdivision and dedication prepared for filing for
record with the county auditor and containing all elements and requirements set forth in Chapter
271, Laws of 1969, First. Ex. Session, and in this title adopted pursuant thereto. (Ord. 21-09 § 5
(Exh. A), 2021; Ord. 282 § 2.00 (12), 1979)
16.08.150 Frontage.
“Frontage” means the property line which abuts the principal means of access to the property.
(Ord. 21-09 § 5 (Exh. A), 2021; Ord. 282 § 2.00(13), 1979)
16.08.160 Lot.
“Lot” means a fractional part of subdivided lands having fixed boundaries being of sufficient area
and dimensions to meet minimum zoning requirements for width and area. The term shall
include tracts or parcels. (Ord. 21-09 § 5 (Exh. A), 2021; Ord. 282 § 2.00(14), 1979)
16.08.170 Official plans.
“Official plans” means those official maps, development plans or portions thereof adopted by the
city council. The comprehensive plan, however, is not included in this definition of “official
plans.” (Ord. 21-09 § 5 (Exh. A), 2021; Ord. 282 § 2.00(15), 1979)
16.08.180 Plat.
“Plat” means a map or representation of a subdivision, showing thereon the division of a tract or
parcel of land into lots, blocks, streets and alleys or other divisions and dedications. (Ord. 21-09
§ 5 (Exh. A), 2021; Ord. 282 § 2.00 (16), 1979)
16.08.190 Preliminary plat.
“Preliminary plat” means a neat and approximate drawing of a proposed subdivision showing
the general layout of streets and alleys, lots, blocks and restrictive covenants to be applicable to
the subdivision, and other elements of a plat or subdivision which shall furnish a basis for
approval or disapproval of the general layout of a subdivision. (Ord. 21-09 § 5 (Exh. A), 2021;
Ord. 282 § 2.00(17), 1979)
16.08.200 Reserve easement.
“Reserve easement” means a strip of land between a subdivision boundary and a street within
an approved subdivision, the control of which strip is deeded to the city. (Ord. 21-09 § 5 (Exh.
A), 2021; Ord. 282 § 2.00(18), 1979)
16.08.210 Reverse frontage lots.
“Reverse frontage lots” means lots which have two opposite sides abutting two parallel or
approximately parallel streets. (Ord. 21-09 § 5 (Exh. A), 2021; Ord. 282 § 2.00(19), 1979)
16.08.220 Roadway.
“Roadway” means that surface or portion of a street or alley right-of-way that is improved for
vehicular traffic only. (Ord. 21-09 § 5 (Exh. A), 2021; Ord. 282 § 2.00(20), 1979)
16.08.230 Short plat.
“Short plat” means the map or representation of a short subdivision. (Ord. 21-09 § 5 (Exh. A),
2021; Ord. 282 § 2.00(21), 1979)
EXHIBIT A
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16.08.240 Short subdivision.
“Short subdivision” means the division or redivision of land into nine or fewer lots, tracts,
parcels, sites or divisions for the purpose of sale, lease or transfer of ownership. (Ord. 21-09 § 5
(Exh. A), 2021; Ord. 282 § 2.00(21)(a), 1979)
16.08.250 Street.
“Street” means an improved and maintained right-of-way which provides vehicular circulation or
principal means of access to abutting properties and which may also include provisions for
public utilities, pedestrian walkways, public open space and recreation areas, cut and fill slopes
and drainage. (Ord. 21-09 § 5 (Exh. A), 2021; Ord. 282 § 2.00(22), 1979)
16.08.260 Street, private.
“Private street” means a street intended for the use of one or more private individuals and
developed and maintained by those private individuals who benefit from its establishment. (Ord.
21-09 § 5 (Exh. A), 2021; Ord. 282 § 2.00(23), 1979)
16.08.270 Street, public.
“Public street” means a street established and adopted by the proper authorities for the use of
the general public and over which every person has a right to pass and use for all purposes of
travel or transportation to which it is adapted and developed. (Ord. 21-09 § 5 (Exh. A), 2021;
Ord. 282 § 2.00(24), 1979)
16.08.280 Subdivider.
“Subdivider” means a person, firm, corporation, partnership or association which causes land to
be divided or resubdivided into a subdivision, short subdivision or binding site plan. (Ord. 21-09
§ 5 (Exh. A), 2021; Ord. 282 § 2.00(25), 1979)
16.08.290 Subdivision.
“Subdivision” means the division or redivision of land into 10 or more lots, tracts, parcels, sites
or divisions for the purpose of sale, lease or transfer of ownership. (Ord. 21-09 § 5 (Exh. A),
2021; Ord. 282 § 2.00(26), 1979)
16.12.050 Requirements for a complete application.
In addition to the requirements for a completed application set forth in EWMC
19.03.03019.02.020, an applicant for a short plat shall comply with and submit the following:
A. Number of Copies. Four paper copies and one electronic version in PDF format.
B. A proposed short plat must include pertinent survey data compiled as a result of a survey
made by or under the supervision of a land surveyor registered in the state and engaged in land
surveying.
C. A drawing or map and accompanying materials submitted with the application shall provide
the following information:
1. Name of subdivision, department file number, map scale and north arrow;
2. County assessor parcel number(s) and legal description of the land being divided;
3. The signature and seal of the land surveyor;
EXHIBIT A
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4. Boundary of land being subdivided based on relative accuracy procedures or field
traverse standards, and meeting or exceeding those standards specified in Chapter 332-
130 WAC;
5. Topographic contours sufficient to show the slope of the parcel to be divided;
6. All existing buildings and structural improvements, drainage channels and the general
direction of flow of water;
7. Locations, names and widths of existing streets which provide access to the subject
parcels and any other rights-of-way or easements;
8. The location of all easements shown with dashed lines and the purpose of easements
indicated along with the auditor file number of the easement document;
9. The extent of flood hazard areas and corresponding base flood elevations;
10. Owners of adjacent land and the names of any adjacent subdivisions;
11. Lines marking the boundaries of the proposed lots and lots designated by number on
the short plat within the area of the lot, and tracts similarly designated by letter. Each tract
shall be clearly identified with the purpose and maintenance responsibility;
12. Accurate location of all existing and proposed permanent control monuments at each
corner of the short subdivision consistent with RCW 58.17.240, and at all road intersections
and curve control points that fall within the pavement or as approved by the city engineer;
13. Certificate giving full and complete description of the lands divided as they appear on
the short plat, including a statement that the short subdivision has been made with free
consent and in accordance with the desires of the owner(s). If the short plat includes a
dedication, the certificate shall also contain the dedication of all streets and other areas to
the public, and individual(s), religious society or societies or to any corporation, public or
private, as shown on the short plat and a waiver of all claims for damages against any
governmental authority which may be occasioned to the adjacent land by the established
construction, drainage, and maintenance of the road. The certificate shall be signed and
acknowledged before a notary public by all parties having any interest in the lands
subdivided;
14. A title report or plat certificate issued within 30 days of application showing all persons
having an ownership interest in the property to be divided, a legal description describing the
exterior boundary of the site and listing all encumbrances affecting the site. Supplemental
plat certificates must be provided to the department if the final short plat is not recorded
within 30 days of the original certificate or supplemental certificate date.
16.12.055 Short plat review and approval.
A. A short plat is a Type IIB application, and the administrator shall make the final decision. The
application shall be processed as set forth in EWMC Title 19.
B. Criteria of Approval. The administrator shall approve or conditionally approve a short plat only
if the findings and conclusions in EWMC 16.12.080 are met.
C. Preliminary Short Plat Approval. The administrator shall disapprove or preliminarily approve
the short plat or return the short plat to the applicant for modifications within 30 days after the
EXHIBIT A
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date of filing of a complete application, unless the applicant agrees to an extension of time.
Preliminary approval shall be valid for fivethree years from the date that the preliminary approval
decision is mailed to the applicant. Within said fivethree-year time frame, the applicant shall file
a final short plat with the city.
D. Final Short Plat Approval.
1. Each final short plat filed with the city for recording shall be consistent with the
preliminary short plat and all conditions of preliminary short plat approval.
2. A final short plat shall be prepared on forms 18 inches by 24 inches in size, with a two-
inch border on one of the 18-inch sides to allow for binding, and one-half-inch borders on
the other three sides. The two-inch border will typically be on the top or left side depending
on the configuration of the drawing.
3. Materials shall be those acceptable for filing as specified in WAC 332-130-050 and be
formatted consistent with requirements of the county auditor.
4. The administrator shall disapprove or approve the final short plat or return the short final
plat to the applicant for modifications within 30 days after the date of filing of the final short
plat unless the applicant agrees to an extension of time.
5. Each final short plat filed with the city for recording shall contain or be accompanied by
the items listed in the notice of decision.
6. A written copy of protective covenants or agreements shall accompany the final short
plat, if applicable.
7. Each final short plat filed with the city for recording shall contain the following approval
and signature blocks, as applicable: county treasurer, city engineer, subdivision
administrator, county auditor, and the health district. The property owner and the land
surveyor shall execute their respective certificates prior to the administrator’s final decision.
The approvals by city and county officials and employees shall be executed after the
administrator’s final decision, if granted.
8. A written statement of approval signed by the director of the Department of Ecology as
required by RCW 58.17.120 if any portion of the short subdivision lies within a flood hazard
area established by Chapter 15.44 EWMC, as the same exists now or may hereafter be
amended.
9. A disclosure statement shall be placed on the face of final short plat that are within a
flood hazard area that advises property owners and potential purchasers of the potential
flood hazard on the property, and that certain activities are subject to compliance with
Chapter 15.44 EWMC, as the same exists now or may hereafter be amended.
10. Construction of Improvements. A final short plat shall not be filed for recording until the
applicant has constructed or bonded for all improvements required by the administrator in
the preliminary approval decision on the short plat.
E. Short Plat Revisions. Revisions to a preliminarily approved short plat shall be processed as a
new short plat application.
EXHIBIT A
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16.12.060 Adequacy and distribution of plats and plans.
If the administrator determines that the proposed short plat contains sufficient elements and
data to furnish a basis for a complete application and that the sketch of proposed roads, utilities
and other improvements is adequate to aid the city engineer in approving or disapproving the
construction of future improvements, the administrator shall affix a file number and date of
receipt to the application and within 14 days shall distribute copies of the proposed short plat to
the various agencies who might be affected and the representations of which shall return their
written comment within 14 days. Among these are the following:
A. City engineer;
B. Chelan-Douglas health district;
C. Douglas County assessor;
D. Douglas County public utility district;
E. Appropriate fire protection official;
F. Washington State Department of Transportation;
G. Department of Ecology;
H. Other appropriate utilities, special districts or agencies as determined by the administrator.
(Ord. 21-09 § 6 (Exh. A), 2021; Ord. 97-13 § 3, 1997; Ord. 282 § 3.10, 1979)
16.12.120 Appeals.
Any decision of the administrator approving or disapproving any short subdivision may be
appealed to the hearing examiner as set forth in Chapters 19.02.030 and 19.07.0206 EWMC.
16.12.150 Design standards.
All short subdivisions shall conform to Chapter 16.20 EWMC. The administrator or hearing
examinerplanning commission may impose the following requirements:
A. Lots. Lots created by a short subdivision shall not be of a size which is out of character with
recommendations of the comprehensive plan.
B. Dedications. Dedication of utility easements and right-of-way shall be by separate
instruments prepared by the city attorney in favor of and accepted by the city.
C. Utilities. Proof shall be provided that water supply and sewage disposal for each lot or parcel
are adequate for the proposed use of land.
D. Improvements. There shall be installed such street and sidewalk improvements, water,
sewer, electrical and telephone, utility lines, street landscaping, fire hydrants and other
improvements as are deemed necessary.
E. Survey. A survey of all short subdivisions shall be conducted by or under the supervision of a
registered land surveyor. The surveyor shall certify on the short plat that it is a true and correct
representation of the lands actually surveyed. All surveys shall conform to standard practices
and principles for land surveying.
EXHIBIT A
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16.16.030 Preliminary consultation.
Prior to the filing of a preliminary plat the subdivider shall submit to the administrator plans and
other information sufficient to describe essential features of the property and the proposed or
contemplated uses and development. The subdivider shall be responsible for reviewing a
proposed subdivision with the various departments and agencies concerned on a preliminary
basis to establish any special requirements or considerations affecting the proposed
subdivision. (Ord. 282 § 4.04, 1979)
16.16.040 Discussion meeting.
The subdivider may in lieu of individual review with each department and agency request
scheduling a discussion meeting with the subdivision review committee for the purpose of
reviewing a preliminary sketch map. (Ord. 282 § 4.04.1, 1979)
16.16.050 Preliminary sketch map.
A preliminary sketch map shall be prepared at a scale and in detail sufficient to indicate the
essential characteristics of the subdivision including: the number, size and design of lots, the
location, width and names of streets, the location of any important reservations or easements,
the provision of improvements and services, the general nature and extent of drainage, the
relation of the subdivision of all surrounding lands and streets and any other information
necessary to enable the subdivision review committee to review the proposed subdivision. (Ord.
282 § 4.04.2, 1979)
16.16.060 Review and recommendations.
The subdivision review committee shall make such general recommendations to the subdivider
as shall seem proper regarding such preliminary sketch map and shall recommend consultation
by the subdivider with such other public or private agencies as it shall designate. (Ord. 282 §
4.04.3, 1979)
16.16.070 General review by planning commission.
Prior to submitting a preliminary plat and detailed design data the subdivider may request a
general review of the proposed subdivision by the planning commission in an effort to determine
if there are any obvious changes the planning commission feels are needed. Such request for a
general review shall be made at least 15 days before the planning commission meeting at which
the subdivision will be reviewed and not until after the subdivision review committee has
reviewed and made its recommendations regarding the preliminary plat. (Ord. 282 § 4.04.4,
1979)
16.16.080 Preliminary plats – Application and fees.
Any person desiring to subdivide land in the city shall complete an application for subdivision
approval and file it with the administrator. At the time the applicant files an application with the
administrator, he/she shall pay a nonrefundable filing fee. The city council shall set the amount
of the nonrefundable filing fee for subdivision approval by resolution.
The planning commission shall not consider an application, unless the applicant submits an
application and pays the nonrefundable fee at least 15 days in advance of the planning
commission’s next meeting.
In addition to the nonrefundable filing fee, the applicant shall reimburse the city for the actual
costs the city incurs for engineering fees in processing the application. The applicant shall
become obligated to pay and shall reimburse the city for these engineering fees as the city
incurs them.
EXHIBIT A
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Until the applicant has paid the nonrefundable filing fee and paid for all the engineering fees
incurred by the city, the applicant will not receive final approval of the subdivision.
16.16.100 Adequacy and distribution of plansSubdivision review.
A subdivision is a Type III application and shall be processed as set forth in EWMC Title 19.If
the administrator determines that the preliminary plat contains sufficient elements and data to
furnish a basis for his approval or disapproval and if the plans, profiles and specifications are
adequate to allow the city or county engineer to approve or disapprove construction of future
improvements, the administrator shall affix a file number and date of receipt to the application
and promptly forward two copies of the plans, profiles and specifications of roads, utilities and
other proposed improvements to the county engineer. The administrator shall promptly forward
copies of the preliminary plat to any agency that might be affected, as follows:
A. County engineer (two copies) and/or city engineer;
B. Health officer;
C. Appropriate fire protection official;
D. Assessor;
E. Washington State Director of Highways;
F. Washington State Department of Ecology;
G. Other interested agencies as determined by the administrator. (Ord. 282 § 4.06.4, 1979)
16.16.110 Planning commission hearing date.
On receipt of an application, completed in compliance with this chapter, the administrator shall
set a date for public hearing before the planning commission. (Ord. 282 § 4.06.5, 1979)
16.16.120 Notice of hearing.
The administrator shall give notice of a public hearing before the planning commission as
follows:
A. Through the U.S. Mail, postmarked at least 10 days before the date of hearing to the
following:
1. Every owner of property whose name appears as such on the records of the county
assessor adjacent to the boundaries of the proposed subdivision,
2. The legislative authority of any county adjacent to or within one mile of a proposed
subdivision,
3. The State Department of Highways or its successor if the proposed subdivision is
adjacent to the right-of-way to any state highway;
B. By arranging for publication of a notice of hearing in the official county newspaper to appear
at least 10 days prior to the hearing date. (Ord. 282 § 4.06.6, 1979)
16.16.130 Hearings – Scope and continuance.
At the public hearing the planning commission shall consider all relevant evidence to determine
whether to recommend that the preliminary plat be approved, approved conditionally or
disapproved by the council. Any hearing may be continued at the discretion of the planning
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commission within the time limits allowed by law. Preliminary plats of any proposed subdivision
and dedication shall be approved, disapproved or returned to the applicant for modification or
correction within 60 days from the date of filing thereof, unless the applicant consents to an
extension of such time period. (Ord. 282 § 4.06.8, 1979)
16.16.140 Recommendations of other agencies.
Each of the departments, municipalities, districts, public officials, utility companies or other
public agencies shall have 10 days after the map has been received in their respective offices
within which to forward to the planning commission written reports of its findings and
recommendations thereon. Failure to report to the planning commission in writing within 10 days
after transmittal of a preliminary plat shall be interpreted to indicate that the proposed
subdivision will not adversely affect any matters of concern to or under the jurisdiction of such
department, municipality, district, official, utility company or other public agency. (Ord. 282 §
4.06.9, 1979)
16.16.190 Conformance to comprehensive plan.
The hearing examinerplanning commission shall determine if the proposed subdivision
conforms to the general purposes of the comprehensive plan or portions thereof and if the
public use and interest will apparently be served by the proposal.
16.16.200 Commission action.
A. If the planning commission finds the proposed plat is in conformance with the design
standards of this title and other laws and regulations the commission shall approve the plat as
submitted.
B. If the planning commission finds to the contrary it shall indicate on two copies of the
preliminary plat any and all changes which it deems to be necessary to make the plat conform
to the provisions of this title and may grant its approval to the plat subject to the required
changes. One copy shall be returned to the surveyor and one retained by the planning
commission.
C. If the planning commission finds the plat cannot be readily altered to meet the requirements
of this title or that approval of the plat is not in the public interest the plat shall be denied. The
reasons for the commission’s action must be included in the motion for denial and recorded in
the minutes of the commission. Appeal from decisions of the commission on plats must be
made within 30 days to the board. (Ord. 282 § 4.06.15, 1979)
16.16.210 Records.
Records of the planning commission’s hearings on preliminary plats shall be kept by the
administrator and shall be open to public inspection. (Ord. 282 § 4.06.16, 1979)
16.16.230 Expiration.
A. Preliminary plats of any proposed subdivision and dedication shall be approved, disapproved
or returned to the applicant for modification or correction within 90 days from the date of filing
thereof unless the applicant consents to an extension of such time period; provided, that if an
environmental impact statement is required as provided in RCW 43.21C.030, the 90-day period
shall not include the time spent preparing and circulating the environmental impact statement by
the local government agency.
B. Final plats and short plats shall be approved, disapproved or returned to the applicant within
30 days from the date of filing thereof unless the applicant consents to an extension of such
time period.
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C. Submittal of Final Plat. The approval given to a preliminary plat shall expire pursuant to RCW
58.17.140 unless, within the allowed time frame, a proposed final plat in proper form is filed with
the administrator or an extension is requested as provided in subsection D of this section.
D. Extensions. An applicant may submit a written request to the city at least 60 days prior to the
expiration of the preliminary plat approval for a one-time extension of up to two years. Such
extensions may be granted by the city council if all of the following conditions are met:
1. Unforeseen circumstances or conditions which are not the result of voluntary actions of
the applicant necessitate the extension of the preliminary plat; and
2. Conditions in the immediate vicinity of the subject property have not changed
substantially since the preliminary plat was first approved; and
3. An extension of the preliminary plat will not cause substantial detriment to existing uses
in the immediate vicinity of the subject property or to the community as a whole; and
4. The applicant has demonstrated reasonable diligence in attempting to meet the time limit
imposed; and
5. The preliminary plat substantially complies with applicable city code provisions in effect
on the date that the application for extension was submitted.
16.16.300 Final plats – Filing period.
At any time within 12 months following planning commission approval of a preliminary plat the
subdivider may cause the subdivision or any part thereof to be surveyed and a final plat to be
prepared. The original and five copies shall be filed with the administrator. Any failure to record
a final plat within the time limits specified in EWMC 16.16.230 shall terminate all proceedings.
The final plat prepared in accordance with the provisions of this section and EWMC 16.16.310
through 16.16.340 shall be submitted to the administrator not less than five days prior to the
date of the meeting at which the board will be requested to act thereon.
16.16.320 Final plats – Submission.
The administrator shall acknowledge receipt of a proposed final plat which meets the
requirements of EWMC 16.16.300 through 16.16.340 and shall forward the original and four
copies thereof to the clerk/treasurer of the council.
16.16.330 Final plats – Council action.
A. The council shall, at its next public meeting, determine:
1. Whether requirements of state law and this title have been satisfied by the subdivider;
2. Whether conditions imposed on the preliminary plat when approved have been met;
3. Whether the bond, if there is one, by its essential terms assures completion of
improvements and sets the time thereof;
4. Whether the public use and interest will be served by approving the proposed final plat.
B. The council shall thereupon approve or disapprove the proposed final plat. (Ord. 282 §
4.08.4, 1979)
A final plat shall be approved by the director based on a determination that:
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A. The plat conforms to the applicable plans, policies and codes of the City of East Wenatchee;
and
B. The plat conforms to all conditions of preliminary approval; and
C. Appropriate provisions are made, without limitation, for:
1. The public health, safety and general welfare.
2. Open spaces.
3. Drainage ways.
4. Streets or roads, alleys, other public ways.
5. Transit stops.
6. Potable water supplies.
7. Sanitary wastes.
8. Parks and recreation, playgrounds.
9. Schools and schoolgrounds, and shall consider all other relevant facts, including
sidewalks and other planning features that assure safe walking conditions for students
who only walk to and from school.
D. The plat meets all standards established by state law and this title relating to final plat; and
E. The plat bears the certificates and statements of approval required by state law and this title;
and
F. A title insurance report or plat certificate current within thirty days has be furnished by the
subdivider confirming that the title of land to be divided is vested in the name of the owners
whose signatures appear on the acknowledgement and dedication certificate; and
G. Required improvements have been approved by the director, city engineer, the health
district and utility purveyors as applicable or financial guarantees have been posted with the
city; and
H. A warranty for maintenance has been posted with the city for all applicable improvements
constructed and approved by the director, city engineer, the health district and utility
purveyors, as applicable; and
I. The public use and interest will be served.
16.16.340 Final plats – Submission of additional copies.
A. Immediately following council approval and the recording of the final plat the subdivider shall
furnish the city or county engineer with copies of the final plat as follows:
1. One duplicate tracing (reproducible);
2. Two paper prints.
B. The engineer shall forward one copy to the county assessor and one copy to the
administrator. (Ord. 282 § 4.08.5, 1979)
16.16.390 Standard format – Written data.
In addition to the map or maps, every final plat shall contain written data including:
A. The name of the subdivision.
B. The legal description of land contained within the subdivision.
C. The certificate of the registered land surveyor who made or under whose supervision was
made the survey of the subdivision, in substantially the following language:
I, ___________, registered as a Land Surveyor by the State of Washington,
certify that this plat is based on an actual survey of the land described herein,
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conducted by me or under my supervision, that the distances, courses and
angles are shown thereon correctly; and that the monuments other than
those monuments approved for setting at a later date, have been set and lot
corners staked on the ground as depicted on the Plat.
( Signature )
D. A statement of approval signed by the city or county engineer.
( Signature )
E. A statement of approval signed by the county health officer as to the design and/or
construction of sanitary sewage disposal systems and public water supply systems proposed in
the subdivision; provided, however, that no such statement shall be deemed a guarantee of
acceptability of individual septic tank systems contemplated for use within the subdivision.
( Signature )
F. If any portion of this subdivision lies within a flood control zone, a statement of approval
signed by the Director of the State Department of Ecology or its successor.
G. A certificate bearing the typed or printed names of all persons having an interest in the
subdivided land, signed by such persons and acknowledged by them before a notary public,
consenting to the subdivision of the land and reciting a dedication by them of all lands shown on
the plat to be dedicated for public uses and a waiver by them and their successors of all claims
for damages against any governmental authority arising from the construction and maintenance
of public facilities and public property within the subdivision.
H. A certificate signed by the Douglas County Treasurer that all taxes have been paid one year
in advance on all unimproved property in each proposed subdivision and that delinquent
assessments for which the land within the subdivision may be liable have been duly paid,
satisfied or discharged.
( Signature )
I. Space for approval by the Community Development Directormayor of the city.
( Signature )
16.18.030 Definitions.
The definitions contained in Chapters 17.08 and 16.08 EWMC, as they now exist or are
hereafter amended, are hereby adopted by reference as definitions applicable to this chapter.
For purpose of this chapter the following additional definitions are hereby adopted:
A. “Administrator” means the East Wenatchee community development director, or his/her
designated representative, who is vested with the duty of administering binding site plan
regulations within the incorporated areas of East Wenatchee.
B. “Binding site plan” means a drawing to scale which:
1. Identifies and shows the areas and locations of all streets, roads, improvements, utilities,
open spaces and any other matter specified by the East Wenatchee zoning ordinance,
subdivision ordinance, critical areas ordinance, or the shoreline master program;
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2. Contains inscriptions or attachments setting forth such appropriate limitations and
conditions for the use of the land as are established by the East Wenatchee zoning
ordinance, subdivision ordinance, critical areas ordinance, or the shoreline master program;
and
3. Contains provisions requiring any development to be in conformity with the site plan.
C. “Department” means the East Wenatchee community development department.
D. “EWMC” means the East Wenatchee Municipal Code as the same now exists or as hereafter
amended. (Ord. 01-04 § 2, 2001)
16.18.050 Adequacy and distribution of plans.
If the binding site plan application contains sufficient elements and data to furnish a basis for
approval or disapproval, the administrator shall affix a file number and date of receipt to the
application, and shall distribute copies to those agencies that might be affected, which may
include the following:
A. East Wenatchee street department;
B. East Wenatchee engineer;
C. Chelan-Douglas health district;
D. East Wenatchee water district;
E. Douglas County sewer district No. 1;
F. Douglas County public utility district;
G. Douglas County fire district No. 2;
H. Douglas County assessor;
I. Douglas County transportation and land services department;
J. Washington State Department of Transportation (if the binding site plan abuts a state
highway);
K. General Telephone Company;
L. Other appropriate agencies as determined by the administrator Those agencies receiving a
copy of the application shall be provided with 15 calendar days, to return written comments.
Failure to timely respond shall be interpreted by the administrator as no concern with the
proposal. (Ord. 01-04 § 2, 2001)
16.18.060 Preliminary approval process.
Pursuant to EWMC Title 19, binding site plans are classified as Type IIA actions. The
administrator shall approve, disapprove, or return for modification all binding site plan
applications within 120 days of receipt of a complete application. The administrator shall
immediately notify the applicant in writing of the action taken. Any decision made by the
administrator on a proposed binding site plan shall be based on the following considerations
and supported by appropriate findings and conclusions:
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A. The public use and interest will be served by the approval of the binding site plan.
B. The proposed site plan is in conformance with the East Wenatchee zoning ordinance, the
applicable comprehensive plan and other land use regulations and official plans as appropriate.
C. That the factors listed in RCW 58.17.110 have been satisfied, as now exists or may hereafter
be amended, including that appropriate provisions have been made for, but not limited to, the
public health, safety and general welfare, for open spaces, drainage ways, streets or roads,
alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and
recreation, playgrounds, schools and school grounds, and shall consider all other relevant facts,
including sidewalks and other planning features that assure safe walking conditions for students
who walk to and from school.
16.18.120 Appeals.
Any decision of the administrator may be appealed as provided for in Chapter 19.071 EWMC.
16.18.130 Alteration of a binding site plan.
Any person desiring to alter an approved binding site plan shall file a complete application, as
defined in EWMC 19.02.020 and containing the information required by this chapter, on a form
provided by the administrator. A binding site plan may be altered or vacated in whole or part by
recording an altered plan in accordance with the following provisions:
A. The altered site plan must comply with the procedures and requirements for the original
binding site plan approval.
B. The title of the altered site plan shall be: “Binding Site Plan Number ______ – Alteration of
Binding Site Plan Number ______.”
C. The altered site plan shall show all of the land shown on the original binding site plan, all
former lot lines as dash lines, new lot lines as solid lines, and shall bear the acknowledged
signatures of current fee simple owners of the affected lots within the binding site plan.
16.20.280 Access to public waters.
A. When the approving authorityplanning commission determines that the public interest will be
served by having public access to or along any portion of a publicly owned or controlled body of
water abutting or lying within a plat, the subdivider shall be requested to establish an adequate
pedestrian easement(s) to assure such access. The use of such easement shall be limited to
unhindered pedestrian walking and fishing along the edge of the stream or lake in addition to
other uses as may be allowed at the discretion of the landowner.
16.20.290 When required.
All subdivisions containing lots of less than one acre shall be required to provide water supplies
for fire protection which shall be in addition to those water supplies required for domestic
purposes. Water supplies for fire protection of lots over one acre in size may be required by the
approving authoritycouncil upon recommendation of the planning commission or the responsible
fire authority in the area concerned.
16.20.310 Provision of water.
Water distribution mains on which fire hydrants are located shall be a minimum of six inches in
diameter in commercial zones and four inches in residential zones. Minimum fire flows shall be
500 gallons per minute for two hours’ duration in all cases where water supplied for fire
protection is required by the approving authoritycouncil upon recommendation of the planning
commission.
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16.20.330 Additional requirements.
Where a subdivision is in or adjacent to forest, brush or grass covered lands or where it is
determined that in the future additional developments will also be served by the distribution
mains being installed as a part of the plat, the approving authorityboard, upon recommendation
of the planning commission, may require additional fire safety precautions including but not
limited to annexation to existing fire districts, the provision of firefighting apparatus, the clearing
and maintaining of permanent firebreaks, the provision of easements for access to adjacent
lands and the installation of larger than minimum distribution mains.
16.24.140 Sewage disposal.
The method and extent of sewage disposal within the area of a proposed subdivision shall meet
the requirements and standards of the Chelan-Douglas Health District and shall meet the
standards and provisions of the comprehensive street standards in Chapters 12.50 through
12.60 EWMC, and any amendments. Connection to an established sewage treatment facility
may be required by the approving authoritycouncil upon recommendation of the planning
commission when the proposed subdivision is contiguous to an existing system, within an
established sewer district or when such a facility is within reasonable proximity of the proposed
subdivision.
16.24.180 Improvement agreement.
Prior to approval by the council of the final plat the subdivider shall either install all required
improvements and repair any existing streets or other facilities damaged in the development of
a subdivision or else execute and file an agreement between himself and the city specifying the
period within which he shall complete all required improvement work to the satisfaction of the
city engineer, and set all monuments and lot corner markers to the satisfaction of the city
engineer. Said agreement shall comply with the requirements of EWMC 12.50.110 and the
provisions of this chapter. If he shall fail to complete such work within such period the city may
complete the same and recover the full cost and expense thereof from the subdivider or his
security. The agreement shall also provide for inspection of all improvements by the city. Such
agreement may also provide:
A. For the construction of the improvements in units;
B. For the extension of time under conditions specified therein;
C. For the termination of the agreement upon the completion of the construction of
improvements deemed by the city engineer and community development director to be at least
the equivalent of 125 percent of the estimated cost of the improvements specified in such
agreement and required to be constructed by the subdivider;
D. For progress payments to the subdivider for any deposit money which the subdivider may
have made in lieu of providing a security bond as provided in EWMC 16.24.090; provided,
however, that no such progress payments shall be made for more than 70 percent of the
original amount secured for the installment of work or $5,000, whichever is greater, in
accordance with the provisions of EWMC 12.50.110(B); and provided, that each installment of
work shall be completed to the satisfaction of the city engineer and community development
director.
16.28.010 Exception in case of large scale development.
The standards and requirements of this title may be modified by the hearing examinercouncil
upon recommendation of the planning commission in the case of a development plan approved
as a planned development, provided the modifications are not detrimental to the public health,
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safety and welfare and provided the hearing examinercouncil, upon recommendation of the
planning commission, determines there are provisions for the circulation, light, air, recreation,
public space and service needs of the developed tract and its relation to adjacent areas and for
such covenants or other legal provisions as will assure conformity and achievement of the
comprehensive plan.
16.28.020 Variances.
A. When necessary the hearing examinerboard of adjustment may authorize variances to
requirements of this title. Application for a variance shall be made by petition of the subdivider,
stating fully the grounds of the application and the facts relied upon by the petitioner. The
hearing examinerboard of adjustment shall find that all of the following facts with respect thereto
are met:
1. That there are special circumstances or conditions affecting the property that are not
common to all other properties in the area;
2. That the variance is necessary for the preservation and enjoyment of substantial property
rights enjoyed by the other properties in the same vicinity and that extraordinary hardship
would result from strict compliance with these regulations because of the special
circumstances or conditions affecting the property;
3. That the granting of a variance will not be detrimental to the public health, safety or
welfare or injurious to other property in the vicinity of the property involved.
B. When variances are sought concerning the administration of the requirements rather than
restrictions on physical improvements or design the petitioner shall apply for the variance in the
above manner but is not required to meet the requirements as set forth in subsection A of this
section.
C. The hearing examinerboard of adjustment may authorize a variance only after a public
hearing on the variance application has been held by them. Notification of the hearing shall be
in the same manner as outlined in EWMC 16.16.120 and the scope and continuance of the
hearing shall be in accordance with EWMC 16.16.130. (Ord. 282 § 7.02, 1979)
16.28.030 Hearing examinerBoard of adjustment action on variances.
In granting necessary variances the hearing examinerboard of adjustment shall secure
substantially the objectives of the regulations to which the variances are granted in order to
preserve public health, safety, convenience and the general welfare. Conditions necessary for
this purpose shall be specified in granting the variance and the hearing examinerboard of
adjustment shall make a written record of its findings and the facts in connection therewith and
shall specifically and fully set forth the variance granted and the conditions designated. The
community developmentplanning department shall keep findings on file as a matter of public
record.
16.28.040 Appeals.
Any decision approving or disapproving any plat shall be appealable in accordance with EWMC
19.07reviewable for unlawful, arbitrary, capricious or corrupt action or nonaction by writ of
review before the superior court of Douglas County. The action may be brought by any property
owner in the county who deems himself aggrieved thereby; provided, that the application for a
writ of review shall be made to the court within 30 days from any decision so to be reviewed.
The cost of transcript of all records ordered certified by the court for such review shall be borne
by the appellant.
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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 Repealed.
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.
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.
EXHIBIT B
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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.
17.08.350 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.
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.
EXHIBIT B
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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.
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.
EXHIBIT B
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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.
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. (Ord. 21-05 § 5 (Exh. A), 2021)
17.08.018 Access point.
“Access point” means that location on a public street where a driveway or private street
connects. (Ord. 21-05 § 5 (Exh. A), 2021)
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. 21-05 § 5 (Exh. A), 2021; 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. 21-05 § 5 (Exh. A), 2021; Ord. 05-07 § 2, 2005)
*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. 21-05 § 5 (Exh. A), 2021; Ord. 91-5
§ 2, 1991)
17.08.040 Adjacent.
“Adjacent” means lying near, close to, or contiguous. (Ord. 21-05 § 5 (Exh. A), 2021; Ord. 91-5
§ 2, 1991)
17.08.050 Adjoining.
“Adjoining” means lying near, close to, or contiguous. (Ord. 21-05 § 5 (Exh. A), 2021; 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
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(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. 21-05 § 5
(Exh. A), 2021; 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. 21-05 § 5 (Exh. A), 2021; 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. 21-05 § 5 (Exh.
A), 2021; 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. 21-05
§ 5 (Exh. A), 2021; Ord. 2000-01 § 3, 2000. Formerly 17.08.055)
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. 21-05 § 5 (Exh. A),
2021; 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,
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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. 21-05 § 5 (Exh. A), 2021; 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.
21-05 § 5 (Exh. A), 2021; 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
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. 21-05 § 5 (Exh. A),
2021; 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.
21-05 § 5 (Exh. A), 2021; 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:
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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. (Ord. 21-05 § 5 (Exh. A), 2021)
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. 21-05 § 5 (Exh. A),
2021; 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. 21-05 § 5 (Exh. A), 2021; Ord. 91-5 § 2, 1991)
17.08.073 Animal.
“Animal” means any living nonhuman mammal, bird, reptile, or amphibian. (Ord. 21-05 § 5 (Exh.
A), 2021; 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 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. 21-05 § 5
(Exh. A), 2021; 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. 21-05 § 5 (Exh. A), 2021; 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. 21-05 § 5 (Exh. A), 2021;
Ord. 91-5 § 2, 1991)
17.08.093 Battery charging station.
“Battery charging station” means an electrical component assembly or cluster of component
assemblies designed specifically to charge batteries within electric vehicles, which meet or
exceed any standards, codes, and regulations set forth by Chapter 19.28 RCW, as amended,
and consistent with rules adopted under RCW 19.27.540, as amended. (Ord. 21-05 § 5 (Exh.
A), 2021; Ord. 11-02 § 3, 2011)
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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. 21-05 § 5 (Exh. A), 2021; 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. 21-05 § 5 (Exh. A), 2021; 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. 21-05 § 5 (Exh.
A), 2021; 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 be located to the highest point of the tower or
structure including any antenna(s). (Ord. 21-05 § 5 (Exh. A), 2021; Ord. 08-09 § 3 Exh. A-1(1),
2008; Ord. 02-22 § 2, 2002; Ord. 91-5 § 2, 1991)
17.08.130 Building line.
Repealed by Ord. 21-05. (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. 21-05 § 5 (Exh. A), 2021; 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. 21-05 § 5
(Exh. A), 2021; Ord. 19-19 § 5, 2019)
17.08.150 Carport.
“Carport” means a covered shelter for an automobile open on two or more sides. (Ord. 21-05 §
5 (Exh. A), 2021; 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:
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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. 21-05 § 5 (Exh. A), 2021; 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.
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. 21-05 § 5 (Exh. A), 2021; 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. 21-05 § 5
(Exh. A), 2021; 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. 21-05 § 5 (Exh. A), 2021; 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. 21-05
§ 5 (Exh. A), 2021; 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. 21-05 § 5 (Exh. A), 2021;
Ord. 92-10 § 1, 1992; Ord. 92-1 § 1, 1992; Ord. 91-5 § 2, 1991)
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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. 21-05 § 5 (Exh. A), 2021; 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. 21-05 § 5 (Exh. A), 2021;
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. 21-05 § 5 (Exh. A),
2021; 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 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. 21-05 § 5 (Exh. A), 2021; 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. 21-05 § 5 (Exh. A), 2021; 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. 21-05 § 5 (Exh. A), 2021;
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. (Ord. 21-05 § 5 (Exh. A),
2021)
17.08.199 Driveway.
“Driveway” means a private access way connected to a public street serving a single residential
or commercial unit. (Ord. 21-05 § 5 (Exh. A), 2021)
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17.08.199A Driveway, joint usage.
“Joint usage driveway” means a private access way connecting to a public street serving up to
three adjacent residential or commercial units at a single point. (Ord. 21-05 § 5 (Exh. A), 2021)
17.08.200 Dwelling.
“Dwelling” means a building or portion thereof designed exclusively for residential occupancy,
but not including hotels, boardinghouses and lodging houses. (Ord. 21-05 § 5 (Exh. A), 2021;
Ord. 91-5 § 2, 1991)
17.08.210 Dwelling, detached.
“Detached dwelling” means a dwelling unit surrounded on all sides by open spaces. (Ord. 21-05
§ 5 (Exh. A), 2021; Ord. 91-5 § 2, 1991)
17.08.220 Dwelling, multifamily.
“Multifamily dwelling” means a building containing three or more dwelling units. (Ord. 21-05 § 5
(Exh. A), 2021; Ord. 91-5 § 2, 1991)
17.08.230 Dwelling, single-family.
“Single-family dwelling” means a building containing one dwelling unit on one lot, other than an
accessory dwelling. A single-family dwelling unit can be either attached or a detached unit,
provided each dwelling unit is located on a separate lot. (Ord. 21-05 § 5 (Exh. A), 2021; Ord.
91-5 § 2, 1991)
17.08.231 Dwelling, single-family small lot.
“Single-family small lot dwelling” means a single-family dwelling on a lot that is less than 5,000
square feet. (Ord. 21-05 § 5 (Exh. A), 2021)
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. (Ord. 21-05 § 5 (Exh. A), 2021)
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. (Ord. 21-05 § 5 (Exh. A), 2021)
17.08.240 Dwelling, two-family or duplex.
“Two-family dwelling” or “duplex” means a building that 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. 21-05 § 5 (Exh. A), 2021; 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. 21-05 § 5 (Exh.
A), 2021; 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:
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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 571.500; and
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. 21-05 § 5 (Exh. A), 2021; 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. 21-05 § 5
(Exh. A), 2021; 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. 21-05 § 5 (Exh. A), 2021; 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. (Ord. 21-05 § 5 (Exh. A), 2021)
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. (Ord. 21-05 § 5 (Exh. A), 2021)
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. 21-05 § 5 (Exh.
A), 2021; Ord. 91-5 § 2, 1991)
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17.08.263 Farm animal, large.
“Large farm animal” 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. 21-05 § 5 (Exh. A), 2021; Ord.
13-03 § 3, 2013)
17.08.264 Farm animal, small.
“Small farm animal” means poultry, rabbit, or other similar size and type of animal. Dogs, cats
and other house pets are not considered farm animals. (Ord. 21-05 § 5 (Exh. A), 2021; Ord.
13-03 § 3, 2013)
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. 21-05 § 5 (Exh. A), 2021; 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. 21-05 § 5 (Exh. A), 2021; 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. 21-05 § 5 (Exh. A), 2021; 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;
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H. Permanently designated pedestrian corridors/passageways in multioccupancy buildings (i.e.,
not subject to relocation by the requirements of a specific lease) for common access and exiting
to tenant spaces. (Ord. 21-05 § 5 (Exh. A), 2021; 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. 21-05 § 5 (Exh. A), 2021; Ord. 91-5 § 2, 1991)
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. 21-05 § 5 (Exh. A), 2021; 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. 21-05 § 5 (Exh. A), 2021; 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. 21-05 § 5 (Exh. A), 2021; 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. 21-05 § 5 (Exh. A), 2021; 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. 21-05 § 5
(Exh. A), 2021; 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. 21-05 § 5 (Exh. A), 2021; 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,
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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. 21-05 § 5 (Exh. A), 2021; 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, board,
propagation, training, sporting purposes, or cared for as pets or for any other purpose. (Ord.
21-05 § 5 (Exh. A), 2021; 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. 21-05 § 5 (Exh. A), 2021; 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. 21-05 § 5 (Exh. A), 2021; Ord. 91-5 § 2, 1991)
17.08.382 Lot, 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. (Ord. 21-05 § 5 (Exh. A), 2021)
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. 21-05 § 5 (Exh. A), 2021; Ord. 16-13 § 5, 2017; Ord. 02-22 § 3, 2002)
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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. 21-05 § 5 (Exh.
A), 2021; Ord. 16-13 § 6, 2017; Ord. 02-22 § 4, 2002)
17.08.386 Lot line, side.
“Side lot line” means any lot line that is not a front or rear lot line. (Ord. 21-05 § 5 (Exh. A),
2021; 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. 21-05 § 5 (Exh. A), 2021; 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 this 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. 21-05 § 5
(Exh. A), 2021; 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. 21-05 § 5 (Exh. A), 2021; 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.
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(Ord. 21-05 § 5 (Exh. A), 2021; Ord. 16-13 § 10, 2017; Ord. 91-5 § 2, 1991)
17.08.410 Lot, zoned.
“Zoned lot” means lot of record. (Ord. 21-05 § 5 (Exh. A), 2021; 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. (Ord. 21-05 § 5 (Exh. A), 2021)
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. 21-05 § 5 (Exh. A), 2021;
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. 21-05 § 5 (Exh. A), 2021; 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. 21-05 § 5 (Exh. A), 2021; Ord. 12-20 § 4, 2012; Ord. 91-5 § 2,
1991)
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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. 21-05 § 5 (Exh. A),
2021; 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 indicating such
compliance. This definition includes “prefabricated,” “panelized” and “factory built” units. (Ord.
21-05 § 5 (Exh. A), 2021; 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.
21-05 § 5 (Exh. A), 2021; 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 included are structures whose
primary use is that of public assembly. (Ord. 21-05 § 5 (Exh. A), 2021; 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. 21-05 § 5 (Exh. A),
2021; 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.
21-05 § 5 (Exh. A), 2021; 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. 21-05 § 5 (Exh. A), 2021; 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. 21-05 § 5 (Exh. A), 2021; Ord. 13-03 § 3, 2013)
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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.
21-05 § 5 (Exh. A), 2021; 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. 21-05 § 5 (Exh. A), 2021; 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. 21-05 § 5 (Exh. A), 2021; 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. (Ord. 21-05 § 5 (Exh. A), 2021)
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. 21-05 § 5 (Exh. A), 2021; (Ord. 13-03 § 3, 2013)
*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.
21-05 § 5 (Exh. A), 2021; Ord. 91-5 § 2, 1991)
17.08.522 Potbelly pig, miniature.
“Miniature potbelly pig” 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. 21-05 § 5 (Exh. A), 2021; 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. 21-05 § 5 (Exh. A), 2021; 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. 21-05 § 5 (Exh. A), 2021; 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. 21-05 § 5 (Exh. A), 2021; Ord. 13-04 § 5, 2013)
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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. 21-05 § 5 (Exh. A), 2021; 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. 21-05 §
5 (Exh. A), 2021; 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.
21-05 § 5 (Exh. A), 2021; Ord. 91-5 § 2, 1991)
17.08.540 Setback distance.
“Setback distance” means the minimum 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.
21-05 § 5 (Exh. A), 2021; Ord. 91-5 § 2, 1991)
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. 21-05 § 5 (Exh. A), 2021; 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
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connection with any specified sexual activities. (Ord. 21-05 § 5 (Exh. A), 2021; 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. 21-05 § 5 (Exh. A), 2021; 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. 21-05 § 5 (Exh. A), 2021; 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
B. Less than completely and opaquely covered human genitals, pubic region, anus, buttocks, or
female breast below the top of the areola. (Ord. 21-05 § 5 (Exh. A), 2021; 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. 21-05 § 5 (Exh. A), 2021; 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. 21-05 § 5 (Exh. A),
2021; Ord. 91-5 § 2, 1991)
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17.08.590 Structure.
“Structure” means 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. 21-05 § 5 (Exh. A), 2021; Ord. 91-5 § 2, 1991)
17.08.600 Substandard street.
“Substandard street” means a street having less than the standard right-of-way for the class of
street as required by EWMC Title 12, as the same exists now or may hereafter be amended.
(Ord. 21-05 § 5 (Exh. A), 2021; 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. 21-05 § 5 (Exh. A),
2021; Ord. 91-5 § 2, 1991)
17.08.620 Terrace.
“Terrace” means an improved area adjacent to a structure being open and uncovered. (Ord.
21-05 § 5 (Exh. A), 2021; Ord. 91-5 § 2, 1991)
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. 21-05 § 5 (Exh. A), 2021; 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. (Ord. 21-05 § 5 (Exh. A), 2021)
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. (Ord. 21-05 § 5 (Exh. A),
2021)
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 front yard setback line measured horizontally and perpendicular from the
front lot line. (Ord. 21-05 § 5 (Exh. A), 2021; 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 rear yard setback line. (Ord. 21-05 § 5 (Exh. A), 2021; 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
setback line. (Ord. 21-05 § 5 (Exh. A), 2021; Ord. 02-22 § 11, 2002; Ord. 91-5 § 2, 1991)
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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.
(Ord. 21-05 § 5 (Exh. A), 2021; Ord. 16-13 § 11, 2017)
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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 hearing examinerboard of adjustment, the hearing
examinerboard 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.
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 hearing examinerboard of adjustment, the hearing
examinerboard 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.
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.
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 hearing examinerboard of adjustment, the hearing
examinerboard 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.
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.
17.38.110 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 and for the location of multiple dwelling
units.
17.40.040 Prohibited uses.
All uses not listed above as permitted uses, accessory uses, or conditional uses shall be
prohibited uses. Upon application to the hearing examinerboard of adjustment, the hearing
examinerboard 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.
17.40.090 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 and for the location of multiple dwelling
units.
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17.42.090 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.
17.43.100 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 and for the location of multiple dwelling
units.
17.46.090 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 and for the location of multiple dwelling
units.
17.48.030 Prohibited uses.
All uses not listed above as permitted uses, accessory uses, or conditional uses shall be
prohibited uses. Upon application to the hearing examinerboard of adjustment, the hearing
examinerboard 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.
17.48.090 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 and for the location of multiple dwelling
units.
17.52.120 Site plan review.
All developments in this district shall be subject to a site plan review as provided in Chapter
17.80 EWMC.
17.56.030 Definitions.
The following definitions shall apply to this district:
A. “Base flood elevation” means the elevation, expressed in feet above the adjacent grade,
determined by the Federal Emergency Management Agency to which floodwater can be
expected to rise on a frequency of once in every 100 years.
B. “Development” means any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavating or drilling operations.
C. “Flood” means a temporary rise in steam flow or stage that results in water overtopping its
banks and inundating areas adjacent to the channel.
D. “Floodproofing” means a combination of structural provisions, changes or adjustments to
properties and structures subject to flooding primarily for the reduction or elimination of flood
damages to properties, water and sanitary facilities, structures and contents.
E. “Habitable floor” means any floor usable for living purposes, which includes working,
sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage
purposes is not a habitable floor.
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F. “Mobile home” means a structure transportable in one or more sections which is built on a
permanent chassis and designed to be used with or without a permanent foundation when
connected to the required utilities; recreation vehicles and travel trailers are not considered
mobile homes for the purposes of this chapter.
G. “New construction” means structures for which the start of construction commenced on or
after the effective date of the ordinance codified in this chapter, as amended.
H. “Person” means any natural person, firm, partnership, association, corporation or
governmental unit.
I. “Structure” means a walled and roofed building, including a gas or liquid storage tank, that is
principally above ground, as well as a mobile home.
J. “Substantial improvement” means any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50 percent of the market value of the structure either before
the improvement or repairs are started or, if the structure has been damaged and is being
restored, before the damage has occurred. This definition does not apply to (1) any project for
improvement of a structure to comply with existing state or local health, sanitary or safety code
specifications which are solely necessary to assure safe living conditions, or (2) any alteration of
a structure listed on the National Register of Historic Places or a state inventory of historic
places. (Ord. 91-5 § 2, 1991)
17.60.040 Definitions.
The definitions established in RCW 69.50.101 and 69.51A.010 and WAC 314-55-010, and
future amendments, are adopted by this reference, in addition to the definitions listed in EWMC
19.11as supplemental and applicable to this chapter. In addition to those definitions adopted by
reference, the terms used in this chapter shall have the following meanings:
A. “Child care center” means an entity that regularly provides child day care and early learning
services for a group of children for periods of less than 24 hours licensed by the Washington
State Department of Early Learning under Chapter 170-295 WAC.
B. “Church or place of worship” means a building or structure, or groups of buildings or
structures, that by design and construction are primarily intended for conducting organized
religious services and associated accessory uses.
C. “Cooperative” means the growing, production, processing, transportation, and delivery of
cannabis (i.e., marijuana), by qualifying patients or designated providers for medical use, as set
forth in RCW 69.51A.250.
D. “Dispense” means the interpretation of a prescription or order for a controlled substance and,
pursuant to that prescription or order, the proper selection, measuring, compounding, labeling,
or packaging necessary to prepare that prescription or order for delivery.
E. “Dispenser” means a practitioner who dispenses.
F. “Elementary school” means a school for early education that provides the first four to eight
years of basic education and is recognized by the Washington State Superintendent of Public
Instruction.
G. “Game arcade” means an entertainment venue featuring primarily video games, simulators,
and/or other amusement devices where persons under 21 years of age are not restricted.
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H. “Library” means an organized collection of resources made accessible to the public for
reference or borrowing supported with money derived from taxation.
I. “Licensee” or “marijuana licensee” means any person or entity that holds a marijuana license,
or any person or entity who is a true party of interest in a marijuana license, as outlined in WAC
314-55-035.
J. “Marijuana” or “marihuana” means all parts of the plant cannabis, whether growing or not,
with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the
resin extracted from any part of the plant; and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant, its seeds or resin. The term does not include the mature
stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant,
any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks
(except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which
is incapable of germination.
K. “Marijuana concentrates” means products consisting wholly or in part of the resin extracted
from any part of the plant cannabis and having a THC concentration greater than 60 percent.
L. “Marijuana-infused products” means products that contain marijuana or marijuana extracts
and are intended for human use. The term “marijuana-infused products” does not include
useable marijuana.
M. “Marijuana processor” means a person licensed by the State Liquor and Cannabis Board to
process marijuana into useable marijuana and marijuana-infused products, package and label
useable marijuana and marijuana-infused products for sale in retail outlets, and sell useable
marijuana and marijuana-infused products at wholesale to marijuana retailers.
N. “Marijuana producer” means a person licensed by the State Liquor and Cannabis Board to
produce and sell marijuana at wholesale to marijuana processors and other marijuana
producers.
O. “Marijuana-related business” means a business operating under a license issued in
accordance with Chapter 314-55 WAC as a marijuana producer, a marijuana processor, or a
marijuana retailer.
P. “Marijuana retailer” means a person licensed by the State Liquor and Cannabis Board to sell
marijuana concentrates, useable marijuana and marijuana-infused products in a retail outlet.
Q. “Medical use of marijuana or cannabis” means the manufacture, production, possession,
transportation, delivery, ingestion, application, or administration of marijuana for the exclusive
benefit of a qualifying patient in the treatment of his or her terminal or debilitating medical
condition.
R. “Perimeter” means a property line that encloses an area.
S. “Playground” means a public outdoor recreation area for children, usually equipped with
swings, slides, and other playground equipment, owned and/or managed by a city, county,
state, or federal government.
T. “Public park” means an area of land for the enjoyment of the public, having facilities for rest
and/or recreation, such as a baseball diamond or basketball court, owned and/or managed by a
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city, county, state, federal government, or metropolitan park district. Public park does not
include trails.
U. “Public transit center” means a facility located outside of the public right-of-way that is owned
and managed by a transit agency or city, county, state, or federal government for the express
purpose of staging people and vehicles where several bus or other transit routes converge.
They serve as efficient hubs to allow bus riders from various locations to assemble at a central
point to take advantage of express trips or other route to route transfers.
V. “Recreation center or facility” means a supervised center that provides a broad range of
activities and events intended primarily for use by persons under 21 years of age, owned and/or
managed by a charitable nonprofit organization, city, county, state, or federal government.
W. “Residential dwelling unit” means a building or portion thereof designed exclusively for a
residential occupancy including one-family, two-family, three-family and multifamily dwellings.
X. “Retail outlet” means a location licensed by the State Liquor and Cannabis Board for the
retail sale of marijuana concentrates, useable marijuana, and marijuana-infused products.
Y. “Useable marijuana” means dried marijuana flowers. The term “useable marijuana” does not
include either marijuana-infused products or marijuana concentrates.
Z. “Secondary school” means a high and/or middle school: a school for students who have
completed their primary education, usually attended by children in grades seven to 12 and
recognized by the Washington State Superintendent of Public Instruction. (Ord. 18-14 § 2, 2018;
Ord. 15-14 § 5, 2015)
17.60.100 Site plan review.
Site plan review and approval pursuant to Chapter 17.80 EWMC shall be required prior to the
use of land for any marijuana-related business. (Ord. 18-14 § 2, 2018; Ord. 15-14 § 5, 2015)
17.64.010 Purpose.
This chapter describes the criteria or conditions to be applied to specific conditional uses listed
in each individual zoning district in which the specific conditional uses are permitted. The uses
may be approved by the hearing examinerboard of adjustment through the conditional use
permit process described in Chapter 17.92 EWMC if they meet the standards of this chapter
and the criteria of Chapters 17.92 and 17.96 EWMC as presently enacted or hereafter amended
of this code.
17.64.120 Neighborhood centers.
“Neighborhood centers” means a neighborhood center providing services of a social, economic
and educational nature. SuchNeighborhood centers may be permitted subject to the following
conditions:
A. Front, side and rear yard setbacks of sufficient distance as determined by the planning
commission to provide noise and light separation from adjacent residential uses;
B. Landscaping and screen planting in required yard area of types, quantity and location as
prescribed by the board of adjustment sufficient to provide noise and light diffusion;
C. Parking: 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;
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D. Limitation on the hours of operation so as not to interfere with residential character of the
neighborhood;
E. One unlighted identification sign not to exceed six square feet in area and located no closer
to the property line than the required setback and parallel thereto;
F. No use of sound amplification or lighting equipment that would be audible or visible form
adjacent properties;
G. Other conditions as deemed necessary by the board of adjustment to further the intent and
purposes of this title and the city sign ordinances.
17.64.140 Multifamily dwellings, boardinghouses, lodging houses.
Multifamily dwellings, boardinghouses, lodging houses, in a commercial district, when not
accessory to a commercial use, may be permitted as a conditional use provided that:
A. The development complies with the dimensional standards of the R-H district established in
EWMC 17.32.050, as the same exists now or may hereafter be amended.
B. The off-street loading and parking requirements shall be as set forth in EWMC 17.72.010, as
the same exists now or may hereafter be amended.
C. The hearing examinerboard of adjustment makes a finding that the property is within 500 feet
of a residential district and that the proposed use is not unduly detrimental to the development
of commercial property in the area.
17.66.030 Home occupations minimum standards.
All home occupations must meet the following minimum conditions:
A. The use of the dwelling and site for the home occupation shall be clearly incidental and
subordinate to its use for residential purposes. The dwelling and site must remain residential in
appearance and character;
B. The home occupation shall be fully enclosed within the primary residential structure or a
detached accessory structure with not more than 25 percent of the gross floor area of the
structure housing the home occupation being used for conducting the home occupation or 500
square feet of total floor area, whichever is less;
C. The use of an attached or detached accessory structure for the home occupation shall not
cause the property to be out of compliance with the on-site parking and storage requirements of
Chapter 15.38 EWMC or EWMC 17.72.010, including all future amendments;
D. Only one home occupation may be operated on sites where an accessory dwelling unit
exists;
E. No home occupation shall serve as headquarters or dispatch center where employees come
to the site and are dispatched to other locations;
F. There is no alteration to the interior or exterior of the structure which changes its residential
character;
G. The site must be the primary residence of the person conducting the home occupation. No
persons other than immediate residents of the structure and one nonresident individual may be
employed in the home occupation;
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H. There shall be no exterior or window displays, storage of materials, or sample commodities
displayed outside of the building housing the home occupation except that horticulture and
floriculture products grown on the premises may be displayed outdoors;
I. There shall be no stock stored nor commodities kept for sale on the premises which is not
necessary to the profession or craft. Retail or wholesale sales are limited to products created in
the course of the home occupation or incidental items associated with the home occupation
such as hair care products in beauty salons, sheet music offered by an instructor, implements
for knitting, and other similar items;
J. There is no use of electrical or mechanical equipment which would change the fire rating of
the structure or which would create visible or audible interference in radio or television receivers
or which would cause fluctuations in line voltage outside the dwelling;
K. There is no noise, vibration, smoke, dust, odor, heat or glare produced by the business which
would exceed that normally associated with a dwelling;
L. No materials or commodities shall be delivered to or from the home occupation which are of
such bulk or quantity as to require delivery by a commercial vehicle or trailer having more than a
single axle;
M. No parking shall be allowed beyond that normal to a residential area and no excessive
vehicular or pedestrian traffic shall be present as a result of the home occupation. The home
occupation shall not displace or impede the use of required parking spaces for the residences
existing on the site;
N. Vehicles larger than 10,000 pounds gross weight may not be operated from the premises
and may not be parked on the property or adjacent streets;
O. The hours of operation for uses involving nonresident employees and the delivery of
materials shall be limited to between 7:00 a.m. and 9:00 p.m., Monday through Saturday;
P. The home occupation must comply with all applicable city building and fire safety regulations
and any requirements of other permitting agencies; and
Q. Such use shall conform to all other requirements specified in this chapter as well as any
special conditions imposed on the home occupation by either the city’s building officialcode
compliance officer or the fire marshal, as appropriate.
17.66.070 Administration.
This chapter shall be administered as follows:
A. Any person or party wishing to establish a home occupation shall submit an application to the
community development department on forms prepared by the department.
B. Home occupation permits shall be subject to payment of a permit fee as established by
resolution of the city council.
C. The administrator or designee may issue a permit for a home occupation; provided, that the
conditions set forth in EWMC 17.66.030 are met, along with any other conditions that the
administrator may deem necessary to minimize potential impacts to neighboring properties.
D. All home occupation permit applications shall be approved or denied within 15 calendar days
of the filing of the permit application and payment of the permit fee.
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E. All permit applicationshome occupations are Type II applications and shall be processed
according to the provisions of EWMC Title 19 and Chapter 17.64 EWMC, including all future
amendments.
F. If a home occupation permit application is denied, the applicant shall have the right to appeal
the decision as provided in TitleChapter 19.06 EWMC, including all future amendments.
17.66.080 Revocation of permit.
A permit issued under this chapter to conduct a home occupation is revocable upon a
determination by the administrator that there has been a violation of any condition imposed by
this chapter on the home occupation.
A. If an alleged violation occurs, a written notice describing the violation and the corrective
measures that must be taken shall be mailed by the administrator to the permit holder. The
permit holder shall, within 15 calendar days of the mailing of the notice of violation, comply with
all of the conditions imposed by the notice or show cause why the conditions cannot be met or
why the permit should not be revoked.
B. Upon revocation of the permit, a written notice of the revocation shall be sent by certified mail
by the administrator to the permit holder together with a written statement of findings upon
which the revocation is based and notice of the appeal procedures.
C. Appeal of the revocation of a permit shall follow the same procedures set forth in
TitleChapter 19.06 EWMC, including all future amendments.
17.68.110 Application – Administrative review.
The responsible official and the TRC shall determine whether the proposed development meets
the minimum requirements for approval and conforms to the intent of this division and of the
Comprehensive Plan. If the responsible official finds that such criteria have not been met, the
application shall be returned to the applicant. The determination shall be made within 30 days of
receiving the preliminary application. If the responsible official and the TRC determine that the
proposed development does not conform to the intent of this title and the Comprehensive Plan,
such written determination shall be referred to the hearing examinerplanning commission in
accordance with the provisions of this chapter. During this review period, the SEPA responsible
official shall determine also whether the proposal would or would not have a significant adverse
impact upon the environment and decide if an environmental impact statement is or is not
required under the State Environmental Policy Act. Upon determination, a form of declaration of
significance or nonsignificance will be filed pursuant to the SEPA ordinance.
17.68.120 Application – Public hearing notification.
A. The planning commission shall hold at least one public hearing on any proposed PUD.
B. The minimum number of days that may elapse between the application date and the date on
which the application is set for public hearing before the planning commission is 45 days. The
maximum number of days that may elapse between the application date and the date of the
planning commission’s public hearing on the application is 90 days unless the applicant(s) has
caused or contributed to a further delay or unless an EIS is being prepared for the proposal.
C. Notice of public hearing shall be published at least 10 days before the hearing in the legal
newspaper of the city.
D. It shall be the duty of the land owner requesting a PUD to deliver or mail a written notice to all
owners of property within a distance of 300 feet of the boundaries of the property. Such notice
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shall be made at least 10 calendar days prior to the public hearing. Proof of giving such notice
shall be made by affidavit delivered to the responsible official at least seven days prior to the
public hearing on a form prescribed by the city.
E. If an environmental impact statement is required, the draft EIS shall be available for the
hearing, and the notice of public hearing which is published shall state that the public hearing on
the environmental impact of the proposal will be held in conjunction with the planning
commission hearing (WAC 197-10-480 and 197-10-485). (Ord. 91-5 § 2, 1991)
17.68.130 Approval of application – Procedure.
If, following the public hearing, the planning commission recommends approval of the
application with or without conditions which are, in its judgment, necessary to ensure conformity
to all pertinent criteria and regulation, it shall forward such to the city council. The city council
has the power to approve, modify or reject any application. (Ord. 91-5 § 2, 1991)
17.68.140 Denial of application – Effective when.
If the planning commission, following a public hearing, makes no decision on the PUD request
or sends no recommendation to the city council for 90 days, this shall be taken as disapproval of
the request, and the owner may follow the steps of appeal as set forth in EWMC 17.68.150.
(Ord. 91-5 § 2, 1991)
17.68.150 Denial of application – Appeal.
The decision of the planning commission denying an application shall be final unless a notice of
appeal to the city council is filed with the city clerk within 30 days of the commission’s action.
Upon receiving notice of appeal, the city council shall set a date for hearing of the matter and
shall notify the parties it deems most concerned. Following this hearing, the city council may
concur with the recommendation of the planning commission or refer the matter to the planning
commission for reconsideration and subsequent report to the city council, upon receipt of which
the city shall take final action within 30 days. (Ord. 91-5 § 2, 1991)
17.68.160 Appeal of city council decision.
An applicant whose PUD request has been disapproved by the city council may appeal in
accordance with the provisions of EWMC 17.100.065. (Ord. 91-5 § 2, 1991)
17.68.170 Final development plan – Filing.
A. The applicant shall file with the hearing examinerplanning commission a final development
plan containing in a detailed form the information required in EWMC 17.68.090 and 17.68.100.
The hearing examinerplanning commission, at the time of approval of the preliminary
development plan, shall be authorized to allow up to 12 months for filing of the final
development plan.
B. If the applicant fails to apply for final approval within such time or extended period for any
reason, the tentative approval shall be deemed revoked and all that portion of the area included
in the development plan for which final approval has not been given shall be subject to the
zoning and subdivision provisions otherwise applicable thereto.
17.68.180 Final development plan – Administrative review.
The applicant(s) shall submit the final development plan to the responsible official for review. If
the applicant meets the minimum requirements as set forth in this chapter and is in substantial
compliance with the approved preliminary development plan, it shall be deemed submitted to
the hearing examinerplanning commission. The final development plan shall be deemed
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sufficiently consistent with the preliminary development plan, provided modification by the
applicant does not involve a change in one or more of the following:
A. Violate any provision of this chapter;
B. Vary the lot area requirements by more than 10 percent;
C. Involve a reduction of more than 10 percent of the area reserved for the common open space
and/or usable space;
D. Increase the floor area proposed for nonresidential use by more than 10 percent;
E. Increase the total ground area covered by buildings by more than five percent;
F. Increase density or number of dwelling units by more than 10 percent.
17.68.210 Final development plan – Hearing examinerPlanning commission action.
A. The hearing examinerplanning commission, upon receiving the final development plan and
recommendations from the responsible official, shall examine such plan and determine whether
it conforms to the approved preliminary development plan. If there is any significant
discrepancy, the hearing examinerplanning commission may permit the applicant to revise the
plan and resubmit it as a final development plan within 90 days.
B. If the hearing examinerplanning commission finds that the final development plan
substantially conforms to the approved preliminary development plan, the hearing
examinerplanning commission shall make written findings and conclusions approving the final
development planrecommending approval to the city council. If the hearing examinerplanning
commission does not recommend approveal theof final development plan, his/herits specific
reasons for disapproval shall be stated in writing and made part of the public record as well as
presented to the applicant.
C. The planning commission shall make a recommendation on the final development plan within
two months after the official date it has received the plan from the code compliance officer.
17.68.220 Final development plan – City council action.
Following formal acceptance, the final development plan shall be transmitted to the city council
for final approval, modification or rejection. Approvals subject to modifications or conditions shall
be agreed to in writing by the applicant before formal acceptance. (Ord. 91-5 § 2, 1991)
17.68.230 Building permit issuance.
After necessary actions by the hearing examinercity council, such as recording site plans and
plats, building permits may be issued and construction may begin.
17.68.240 Amendments to final development plan.
A. Minor changes of lot lines or the combination of lots if no new lots are created or minor
changes in location, siting and height of buildings and structures may be authorized by the
responsible official if required by engineering or other circumstances not foreseen at the time
the final plan was approved. No change authorized by this subsection may cause any of the
following:
1. A change in the use or character of the development;
2. An increase in the overall coverage of structures;
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3. An increase in the intensity of use;
4. An increase in the problems of traffic circulation and public utilities;
5. A reduction in approved open space;
6. A reduction of off-street parking and loading space;
7. A reduction in required pavement widths.
B. All other changes in use or rearrangement of lots, blocks and building tracts, or any changes
in the provision of common open space and changes other than listed in subsection A of this
section, must be made by the hearing examinercity council after report of the responsible official
and recommendation by the planning commission. Such amendments may be made only if they
are shown to be required by changes in conditions that have occurred since the final plan was
approved or changes in the community policy. Any changes which are approved in the final plan
must be recorded as amendments in accordance with the procedure established for the
recording of the initial final plan documents.
C. The process for amendments to a PUD is the same as for a preliminary application (EWMC
17.68.070 through 17.68.160). A revised final development plan may be required as part of the
amendment process.
17.68.250 Construction start and completion limits.
If no construction has begun in the PUD within 24 months from the approval of the PUD and
recording of the documents, the approval shall lapse and be of no further effect except that the
hearing examinerplanning commission, based on the recommendations of the responsible
official under EWMC 17.68.260, upon showing of good cause by the applicant, may extend for
two periods of 12 months each the time for beginning construction. Upon the expiration of such
an extension(s), the final development plan shall become null and void, and a new one shall be
required for any development on the subject property.
17.68.260 Review during construction.
After general construction commences, the responsible official shall review, at least once every
six months, all building permits issued and compare them to the overall development phasing
program. If he/she determines that the rate of construction of residential units or nonresidential
structures substantially differs from the phasing program, he/she shall so notify the developer
and the hearing examinerplanning commission in writing; thereafter, the city shall issue such
orders to the developer as necessary, and upon continued violation of this section, may
suspend the developer from further construction until compliance is achieved.
17.68.280 Design criteria.
The design elements established within this chapter shall be used as a guide for an applicant to
follow in developing a preliminary and final development plan. The responsible official and the
hearing examinerplanning commission shall determine from the applicant and other resources
available to it whether a PUD preliminary and final development plan vary from these criteria.
These criteria shall also be used as the basis for hearing examinerplanning commission
judgments permitting an increase in overall development density within a PUD.
17.68.380 Streets.
A. Right-of-way width and street roadway width may be reduced and standards of design and
construction for roadways, both public and private, within residential PUD’s may be modified as
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is deemed appropriate by the city engineerstreet superintendent with the concurrence of the
hearing examinerplanning commission and the city council.
B. Right-of-way width and street roadway width may also be reduced, especially where it is
found that the plan for the PUD provides for the separation of vehicular and pedestrian
circulation patterns and provides for adequate off-street parking facilities.
17.68.390 Perimeter buffer zone.
A. There must be a minimum 30-foot buffer zone in any PUD of multifamily or nonresidential
buildings or structures that are adjacent to a low density residential use district (SR-20,000,
SR-12,500, and R-L district).
B. The buffer zone must be kept free of buildings or structures and must be landscaped,
screened or protected by natural features so that adverse effects on surrounding areas are
minimized. This buffer zone may be used as part of the open space acreage for the PUD if the
hearing examinerplanning commission finds that it is suitable for that purpose within the criteria
established in EWMC 17.68.370.
17.70.030 Definitions.
A. “Antenna(s)” means an apparatus designed for the purpose of emitting radiofrequency (RF)
radiation, to be operated or operating from a fixed location pursuant to FCC authorization, for
the provision of personal wireless service and any commingled information services. For
purposes of this definition, the term “antenna” does not include an unintentional radiator, mobile
station, or device authorized under 47 CFR Part 15.
B. “Antenna array” means a single or group of antenna elements and associated mounting
hardware, transmission lines, or other appurtenances which share a common attachment device
such as a mounting frame or mounting support structure for the sole purpose of transmitting or
receiving electromagnetic waves.
C. “Attached WCF” shall mean an antenna that is attached to an existing building or structure
(attachment structure) which structures shall include but not be limited to utility poles, signs,
water towers, with any accompanying pole or device (attachment device) which attaches the
antenna to the existing building or structures and associated connection cables and an
equipment facility which may be located either inside or outside of the attachment structure. An
attachment structure shall not include an existing or proposed WCF.
D. “Base station” means a structure or equipment at a fixed location that enables
Commission-licensed or authorized wireless communications between user equipment and a
communications network. The term does not encompass a tower as defined in this chapter or
any equipment associated with a tower.
1. The term includes, but is not limited to, equipment associated with wireless
communications services such as private, broadcast, and public safety services, as well as
unlicensed wireless services and fixed wireless services such as microwave backhaul.
2. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic
cable, regular and backup power supplies, and comparable equipment, regardless of
technological configuration (including distributed antenna systems and small cell networks).
3. The term includes any structure other than a tower that, at the time the relevant
application is filed with the city under this section, supports or houses equipment described
in this section that has been reviewed and approved under the applicable zoning or siting
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process, or under Washington or local regulatory review process, even if the structure was
not built for the sole or primary purpose of providing such support.
4. The term does not include any structure that, at the time the relevant application is filed
with the state of Washington or the city under this section, does not support or house
equipment described in this section.
E. “Broadcast or relay tower” shall mean a freestanding support structure, attached antenna(s),
and related equipment intended for transmitting, receiving or retransmitting commercial radio,
television, telephone, cellular, or other communications services. This includes, but is not limited
to, lattice towers, guy towers, and monopoles.
F. “Camouflaged” means a WCF that is designed to blend into the surrounding environment
through the use of shape, color and texture to cause an object to visually appear to become a
part of something else. Examples of camouflaged facilities may include architecturally screened
roof-mounted antennas, building-mounted antennas painted to match the existing structure,
towers made to look like trees, and antenna support structures designed to look like flagpoles or
light poles.
G. “Carrier on wheels” or “cell on wheels” or “COW” means a portable self-contained WCF that
can be moved to a location and set up to provide wireless services on a temporary or
emergency basis. A COW is normally vehicle-mounted and contains a telescoping boom as the
antenna support structure.
H. “Cellular communications facility” shall mean any unstaffed facility for the transmission of
radio frequency signals and includes antennas, equipment shelters, and other equipment
necessary to provide wireless transmission and reception utilizing cellular technology for various
wireless communication systems including cellular phones, personal communication systems
(PCS), paging, and similar systems.
I. “Cell site” means a tract or parcel of land or building that contains the WCF including any
antenna, antenna support structure, accessory buildings, access driveway and associated
parking, and may include other uses associated with and ancillary to wireless services.
J. “Collocation” means the mounting or installation of transmission equipment on an eligible
support structure for the purpose of transmitting and/or receiving radio frequency signals for
communications purposes.
K. “Commission” means the Federal Communications Commission (“FCC”).
L. “Concealment” means fully hidden from view. For example, a WCF is concealed when it is
completely hidden or contained within a structure, such as a building, wall, roof or pole.
M. “Distributed antenna system” or “DAS” means a network consisting of transceiver equipment
at a central hub site to support multiple antenna locations throughout the desired coverage area.
N. “Eligible facilities request” means any request for modification of an existing tower or base
station that does not substantially change the physical dimensions of such tower or base
station, involving:
1. Collocation of new transmission equipment;
2. Removal of transmission equipment; or
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3. Replacement of transmission equipment.
O. “Equipment structure or enclosure” means a facility, shelter, cabinet or vault used to house
and protect electronic or other associated equipment necessary for processing wireless
communications signals. “Associated equipment” may include, for example, air conditioning,
backup power supplies and emergency generators.
P. “Eligible support structure” means any tower or base station as defined in this section;
provided, that it is existing at the time the relevant application is filed with the city under this
section.
Q. “FAA” means the Federal Aviation Administration.
R. “FCC” or “Federal Communications Commission” shall mean the federal administrative
agency, or lawful successor, authorized to regulate and oversee communications carriers,
services and providers on a national level.
S. “Macrocell” means a tower or an attached wireless communication facility which consists of
antennas equal to or less than 15 feet in height or a parabolic antenna up to one meter (39.37
inches) in diameter and with an area not more than 75 square feet in the aggregate as viewed
from any one point.
T. “Microcell” shall mean a wireless communication facility consisting of an antenna that is
either:
1. Four feet in height and with an area of not more than 580 square inches; or
2. If a tubular antenna, no more than four inches in diameter and no more than six feet in
length.
U. “Minor facility” means a wireless communication facility consisting of up to three antennas,
each of which is either: (1) four feet in height and with an area of not more than 580 square
inches; or (2) if a tubular antenna, no more than four inches in diameter and no more than six
feet in length; and the associated equipment cabinet that is six feet or less in height and no
more than 48 square feet in floor area.
V. “Nonresidential” or “nonresidential zone” means all portions of the city (including
rights-of-way adjacent thereto, measured to the centerline of the right-of-way) in an area not
zoned residential as defined in this chapter.
W. “Personal wireless services” shall mean commercial mobile services, unlicensed wireless
services, and common carrier wireless exchange access services, as defined by federal laws
and regulations.
X. “Personal wireless services facilities” shall mean facilities for the provision of personal
wireless services.
Y. “Pole” shall mean a legally constructed pole, such as a utility, lighting, traffic signal or similar
pole made of wood, concrete, metal or other material, located or to be located within the public
right-of-way. A pole does not include a tower or support structure.
Z. “Public right-of-way” shall mean the area on, below, or above property that has been
designated for use as or is used for a public street, sidewalk, alley or similar purpose, and for
purposes of this chapter shall include public utility easements, but only to the extent the city has
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the authority to permit use of the area for communications facilities. The term does not include a
state or federal highway or other areas that are not within the legal jurisdiction, ownership or
control of the city.
AA. “Reception window obstruction” shall mean a physical barrier which would block an
electromagnetic signal.
BB. “Replace” or “replacement” shall mean, in connection with an existing pole or support
structure, to replace the same with a new structure or pole, substantially similar in design, size
and scale to the existing structure in conformance with this chapter and other applicable city
regulations, in order to address limitations of the existing structure to structurally support
collocation or placement of a communications facility.
CC. “Residential property” means all portions of any property which contains a residence and
any vacant property which has been designated for residential use in an approved mixed use
project.
DD. “Residential zone” shall include the R-L, R-M, and R-H zoning districts and rights-of-way
adjacent to each of the aforementioned zones, measured to the centerline of the right-of-way.
EE. “Satellite dish antenna(s)” shall mean a type of antenna(s) and supporting structure
consisting of a solid, open mesh, or bar configured reflective surface used to receive and/or
transmit radio frequency communication signals. Such an apparatus is typically in the shape of
a shallow dish, cone, horn, or cornucopia. There are generally two sizes of antennas:
1. “Large satellite dish” shall mean any satellite dish antenna(s) whose diameter is greater
than one meter in residential zones or two meters in industrial or commercial zones.
2. “Small satellite dish” shall mean any satellite dish antenna(s) whose diameter is less than
or equal to one meter located in any zoning district or two meters within industrial or
commercial zones.
FF. “Small cell facility” means a personal wireless services facility that meets both of the
following qualifications:
1. Each antenna is located inside an antenna enclosure of no more than three cubic feet in
volume or, in the case of an antenna that has exposed elements, the antenna and all of its
exposed elements could fit within an imaginary enclosure of no more than three cubic feet;
and
2. Primary equipment enclosures are no larger than 17 cubic feet in volume. The following
associated equipment may be located outside the primary equipment enclosure and, if so
located, are not included in the calculation of equipment volume: electric meter,
concealment, telecom demarcation box, ground-based enclosures, battery back-up power
systems, grounding equipment, power transfer switch, and cut-off switch.
GG. “Small cell network means a collection of interrelated small cell facilities designed to deliver
personal wireless services.
HH. “Stealth design or technology” means technology that minimizes the visual impact of
wireless communications facilities by camouflaging, disguising, screening, and/or blending into
the surrounding environment. Examples of stealth design include but are not limited to facilities
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disguised as trees, flagpoles, bell towers, light poles, pole signs, sculpture, and architecturally
screened roof-mounted antennas.
II. “Substantial change” means a modification that substantially changes the physical
dimensions of an eligible support structure meeting any of the following criteria:
1. For towers other than towers in the public rights-of-way, it increases the height of the
tower by more than 10 percent or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for
other eligible support structures, it increases the height of the structure by more than 10
percent or more than 10 feet, whichever is greater.
a. Changes in height should be measured from the original support structure in cases
where deployments are or will be separated horizontally, such as on buildings’ rooftops;
in other circumstances, changes in height should be measured from the dimensions of
the tower or base station, inclusive of originally approved appurtenances and any
modification, that were approved prior to the passage of the Spectrum Act;
2. For towers other than towers in the public rights-of-way, it involves adding an
appurtenance to the body of the tower that would protrude from the edge of the tower more
than 20 feet, or more than the width of the tower structure at the level of the appurtenance,
whichever is greater; for other eligible support structures, it involves adding an
appurtenance to the body of the structure that would protrude from the edge of the structure
by more than six feet;
3. For any eligible support structure, it involves installation of more than the standard
number of new equipment cabinets for the technology involved, but not to exceed four
cabinets; or, for towers in the public rights-of-way and base stations, it involves installation
of any new equipment cabinets on the ground if there are no preexisting ground cabinets
associated with the structure, or else involves installation of ground cabinets that are more
than 10 percent larger in height or overall volume than any other ground cabinets
associated with the structure;
4. It entails any excavation or deployment outside of the current site, except that, for towers
other than towers in the public rights-of-way, it entails any excavation or deployment of
transmission equipment outside of the current site by more than 30 feet in any direction.
The site boundary from which the 30 feet is measured excludes any access or utility
easements currently related to the site;
5. It would defeat the concealment elements of the eligible support structure; or
6. It does not comply with conditions associated with the siting approval of the construction
or modification of the eligible support structure or base station equipment; provided,
however, that this limitation does not apply to any modification that is noncompliant only in a
manner that would not exceed the thresholds identified in paragraphs 47 C.F.R
§1.400001(b)(7)(i) through (iv) of.
JJ. “Support structure” shall mean a structure designed and constructed specifically to support
an antenna array, and may include a monopole, self-supporting (lattice) tower, guy wire support
tower and other similar structures. Any device (attachment device) which is used to attach an
attached WCF to any existing building or structure (attachment structure) shall be excluded from
the definition of and regulations applicable to support structures.
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KK. “Temporary wireless communication facility” shall mean a WCF to be placed in use for 90 or
fewer days, is not deployed in a permanent manner, and does not have a permanent
foundation.
LL. “Tower, guyed” shall mean a tower that is supported, in whole or in part, by wires and
ground anchors.
MM. “Tower, lattice” shall mean a type of tower that is self-supporting with multiple legs and
cross bracing of structural metal.
NN. “Tower, monopole” shall mean a type of tower mount that is self-supporting through a
single shaft usually constructed of wood, metal or concrete.
OO. “Tower or wireless communications tower” shall mean any structure built for the sole or
primary purpose of supporting any Commission-licensed, Commission-authorized antennas and
their associated facilities, including structures that are constructed for wireless communications
services, including, but not limited to, private, broadcast, and public safety services, as well as
fixed wireless services such as microwave backhaul, and the associated site.
PP. “Tower height” means the vertical distance measured from the base of the tower structure
at grade to the highest point of the structure including the antenna.
QQ. “Transmission equipment” means any equipment that facilitates transmission for any
FCC-licensed or authorized wireless communication service, including, but not limited to, radio
transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The
term includes equipment associated with wireless communications services including but not
limited to private broadcast and public safety services, as well as unlicensed wireless services
and fixed wireless services such as microwave backhaul.
RR. “Wireless communication facility (WCF)” shall mean any unstaffed facility for the
transmission and reception of radio or microwave signals used for commercial communication.
A wireless communications facility provides services which include cellular telephone, personal
communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile
radio (ESMR), paging, other mobile radio services, and any other service provided by wireless
common carriers licensed by the Federal Communications Commission (FCC). A wireless
communications facility may be attached to an existing structure or a freestanding tower. A
wireless communication facility consists of antenna(s) and related equipment and may include
an equipment enclosure, screening, or a support structure. (Ord. 21-03 § 5 (Exh. A), 2021; Ord.
10-03 § 3 (Exh. A), 2010; Ord. 02-22 § 18, 2002)
17.70.040 Permits and exemptions.
A. Permits Required. Unless otherwise provided herein, it is unlawful for a person or individual,
company, corporation or association or any other entity to construct, alter, transform, or add to a
wireless communications facility (WCF) without first obtaining a permit in compliance with the
provisions of this chapter. A WCF permit shall not be valid at any address or property other than
the one appearing on the permit.
1. Building Permits. A building permit (Type IB or IIA) is required for all wireless
communications facilities unless specifically exempted under subsection B of this section,
Exemptions.
2. Wireless Communications Facility Permits. A communications facility permit (Type IIA) is
required for all wireless communications facilities, except for wireless communications
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facilities which collocate on an existing broadcast and relay tower, where adequate
provisions for antennas and ground-mounted equipment exist. In such case only a building
permit shall be required. All information listed in EWMC 17.70.050(A) through (H) shall be
submitted along with a completed wireless communications facility permit application form.
3. Combined Review. Communications facilities regulated under this chapter which are
proposed in conjunction with a site plan approval application for industrial, commercial or
residential development shall not be required to obtain separate building permit approval or
separate communications facility permit approval. However, communications facilities will
be reviewed according to the same criteria outlined in this section and all information
required in EWMC 17.70.050(A) through (H) shall be submitted with the application for the
associated land use permit.
4. Expiration. A WCF permit shall expire at the end of two years where lack of construction
and lack of operation for said facility indicate no measurable progress on the permitted
project.
B. Exemptions. The following antenna(s) shall be exempt from this chapter:
1. Small satellite dish antenna(s).
2. VHF and UHF receive-only television antenna(s) designed to receive television broadcast
signals with a maximum height of 15 feet above the highest peak of an existing or proposed
roof.
3. Temporary WCF located on the same site as a proposed WCF on a temporary basis
during the construction of a permanent WCF for which necessary permits have been
granted.
4. Normal, routine, and emergency maintenance and repair of existing wireless
communications facilities and related equipment which does not alter the location of the
facility, increase the height, size, footprint, or bulk of such facilities and which otherwise
complies with city, state and federal law and regulations.
5. Military, federal, state and local government communication towers and radar systems
used for navigational purposes, emergency preparedness, and public safety purposes.
6. Amateur radio services and facilities owned and operated by a federally licensed amateur
radio station operator or are used exclusively for receive-only antennas. To reasonably
accommodate licensed amateur radio operators as required by Federal Code of
Regulations, 47 CFR Part 97, as amended, and Order and Opinion PRB I of the Federal
Communications Commission of September 1985, and RCW 35A.21.260, a licensed
amateur radio operator may locate a tower in any zoning district without first obtaining any
permits from the city; provided, the following requirements are met:
a. The tower shall not exceed a height of 70 feet;
b. The tower and any antennas located thereon shall not have any lights of any kind on
it and shall not be illuminated either directly or indirectly by any artificial means;
c. The color of the tower and any antennas located thereon must all be the same and
such that it blends into the sky, to the extent allowed under requirements set forth by
the Federal Aviation Administration;
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d. No commercial advertising, logo, trademark, figurine or other similar marking or
lettering shall be placed on the tower;
e. The tower shall be located a distance equal to or greater than its height from any
existing residential structure located on adjacent parcels of property, including any
attached accessory structures;
f. A tower must be at least three-quarters of its height from any property line on the
parcel of property on which it is located, unless a licensed engineer certifies that the
tower will not collapse or that it is designed in such a way that in the event of collapse it
falls within itself, and in that event, it must be located at least one-third of its height from
any property line;
g. No signs shall be used in conjunction with the tower, except for one sign not larger
than 144 square inches in area and as required by federal regulations;
h. Towers shall not be leased or rented to commercial users, and shall not otherwise be
used for commercial purposes; and
i. All towers must meet all applicable state and federal statutes, rules and regulations.
7. Emergency communications equipment during a declared public emergency when the
equipment is owned and operated by an appropriate public entity.
8. Any wireless internet facility that is owned and operated by a government entity.
9. Antennas and related equipment no more than three feet in height that are being stored,
shipped or displayed for sale.
10. A temporary, commercial WCF, for the purposes of providing coverage of a special
event such as news coverage or sporting event. All such facilities must comply with all
federal and state requirements. Such facilities shall be removed within seven days after the
end of the event.
C. Summary of Required Permits.
1. All WCF permits require site plan review and approval pursuant to Chapter 17.80 EWMC.
2. A building permit only is required for the following WCF (Type IB or IIA):
a. Industrial, scientific and medical equipment using frequencies regulated by the
Federal Communications Commission.
b. Wireless communications facilities which collocate on an existing broadcast and relay
tower, where adequate provisions for antennas and ground-mounted equipment exist.
c. Temporary WCF for a term not to exceed 90 days, with a possible 90-day extension,
with approval from the building official. The use of temporary wireless communications
facilities such as a cell on wheels (COW) or an antenna on a bucket truck, crane, or
other device capable of reaching the height necessary to evaluate the site for
placement of a wireless communications facility. Such temporary facility may only be
utilized on a short-term basis for the purpose of evaluating the technical feasibility of a
particular location for placement of a wireless communications facility or for providing
communications during an emergency.
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3. Building permit and WCF permit (Type IB or IIA) is required for all WCF not listed in
subsection (C)(2) of this section. (Ord. 21-03 § 5 (Exh. A), 2021; Ord. 10-03 § 3 (Exh. A),
2010; Ord. 02-22 § 18, 2002)
17.70.085 Collocation of antennas, distributed antenna systems and small cells.
A. To the extent not otherwise covered by EWMC 17.70.150 (Eligible facilities modifications),
collocation and new wireless communication antenna arrays are permitted in all zones via
administrative approval; provided, that they are attached to or inside of an existing structure
(except on the exterior of pole signs or anywhere on a billboard) that provides the required
clearances for the array’s operation without the necessity of constructing a tower or other
apparatus to extend the antenna array more than 15 feet above the structure.
B. Installation requires the granting of development permits prescribed by EWMC Title 15.
C. For antenna arrays and WCF on city-owned property, the execution of necessary
right-of-way use agreements is also required.
D. If any support structure must be replaced or extended to achieve the needed elevation or if
the attachment adds more than 15 feet above the existing structure, or the minimum necessary
to achieve required electrical clearances, the proposal is subject to Type II review. The limitation
to 15 feet applies to cumulative increases and any previously approved additions to height
made under this section must be included in its measurement.
E. WCF attached to residential structures are not permitted in any zoning district.
F. Any equipment shelter or cabinet and other ancillary equipment are subject to the general
development standards of EWMC 17.70.090. (Ord. 21-03 § 5 (Exh. A), 2021)
17.72.010 Off-street parking.
A. Purpose. The purpose of this section is to provide for safe, efficient and well-designed
off-street parking in adequate numbers for the different land uses described in this title by
providing standards and design requirements.
B. Applicability. Off-street parking and loading spaces shall be provided as hereby established.
1. The provisions of this section shall apply to all zoning districts and land uses within the
city of East Wenatchee, except within the downtown business area as shown on the map
figure in subsection (I) of this section.
2. Off-street parking as required by this section shall be provided when:
a. Any new structure or building is constructed;
b. Any structure or building is relocated or moved onto the property;
c. Change in use, alteration or enlargement of a site or structure. Whenever a building
or a piece of land is put to a use different from the immediately preceding use, or when
a building or land use is remodeled, reconstructed or expanded, adequate off-street
parking shall be provided consistent with the new use, reconstruction or expansion of
the premises.
C. General Requirements.
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1. No application for a development permit shall be deemed complete until plans complying
with the requirements for off-street parking and loading areas have been submitted in
accordance with this section.
2. Every lot or parcel of land or portion thereof used as a public or private parking area shall
be developed and maintained in accordance with this section.
3. Off-street parking shall be provided in the number prescribed in subsection (G) of this
section together with passageways sufficient for its reasonable use, including but not limited
to pedestrian use and traffic circulation, as provided in the dimensional standards shown on
diagrams in subsection (H) of this section.
4. Off-street parking and loading facilities shall be completed and in compliance with this
section at the time of initial occupancy of a site or structure.
5. Off-street parking spaces and driveways shall not be used at any time for purposes other
than their intended use, i.e., the temporary storage of motor vehicles used by persons
visiting or having business to conduct on the premises for which the parking is provided;
provided, however, the site plan review committee may approve other uses it deems
reasonable that will not adversely impact parking requirements for the primary use of the
property.
6. Off-street parking spaces required and intended for use by occupants or users of specific
premises shall not be leased or rented to others, nor shall such space be made unavailable
through other means to the users for whom the parking spaces are intended. This, however,
does not preclude shared parking arrangements or combined parking approved by the city
community development director or other activities approved by the site plan review
committee.
7. Site Plan. A site plan shall be submitted with the development application and approved
by the review authority prior to the issuance of a building or land use permit. The site plan
shall include the following:
a. The parking area location, size, shape, and design of the parking spaces; and
b. The location and dimensional details of curb cuts, intersecting roads or streets,
lighting, drainage, landscaping, irrigation, circulation within the parking lot, and other
features for the proposed parking lot development.
8. All required parking spaces shall remain open and accessible for parking during the
hours the use is open to the public or residents.
9. In the case of mixed uses, the requirements for off-street parking shall be the sum of
those required for the multiple uses computed separately as specified in subsection (G) of
this section. Off-street parking provided for one use shall not be considered as providing
required parking for any other use, except as expressly provided for in this section.
10. Parking facilities shall be developed in accordance with the landscaping standards in
EWMC 15.48.080, 17.72.060, 17.72.070, 17.72.080, 17.72.090, and 17.72.100, as now
exist or may hereafter be amended. Notwithstanding any other contrary provisions
contained in this section, landscaping or fencing shall not exceed a height of three feet for a
distance of 25 feet from street intersections and for a distance of 15 feet on either side of
vehicle access points to public or private streets. All trees planted in the area delineated
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above shall have a canopy that starts at least five feet above finished grade at the time of
planting as measured using the standards established by the American Standard for
Nursery Stock published by the American Association of Nurserymen, currently Publication
No. ANSI Z60.1-1990, as revised and amended from time to time.
11. Stall Overhang. Parking areas may be designed so that the car bumper overhangs the
curb into landscape areas provided upon the same property as the parking area. If such
overhang area is provided, the stall length may be reduced by a maximum of one and
one-half feet.
12. Driveway and ramp slope, width and location shall be provided in accordance with the
standards and requirements established by the code compliance officer and city street
superintendent. Except for single-family and duplex dwellings on individual lots, groups of
more than two parking spaces shall be so located and served by a driveway that their use
will require no backing movements or maneuvering within a street or right-of-way other than
an alley.
13. Garbage Receptacles/Snow Storage. The design of off-street parking facilities should
consider the access and placement of garbage receptacles and provisions for storage and
removal of snow.
14. Compact Cars. Parking facilities for nonresidential uses may have up to 25 percent of
the stalls reduced in size to accommodate compact cars, provided:
a. Compact car spaces shall be located so as not to be significantly more convenient to
use than the standard size spaces;
b. Each compact car space or grouping of spaces shall be conspicuously identified as
being suited for compact cars only by marking each space with the words “COMPACT”
in capital letters a minimum of eight inches in height.
15. Unspecified Uses. In the case of a use not specifically listed in subsection (G) of this
section, the requirements for off-street parking facilities shall be determined by the
community development director. The community development director may consider, but is
not limited to, the following in establishing parking requirements for an unspecified use.
Such determination shall be classified as a Type IIA action as set forth in EWMC 19.01.030.
a. Any use similar to any of the uses in subsection (G) of this section; or
b. Documentation submitted by the applicant regarding actual parking demand for the
proposed use; or
c. Evidence in available planning and technical studies relating to the proposed use; or
d. Required parking for the proposed use as determined by other comparable
jurisdictions.
16. Fractions. When the number of required parking spaces for a particular use or building
results in a fractional space, any fraction less than 0.5 shall be disregarded and any fraction
of 0.5 or greater shall be counted as one space. When calculating parking reduction
incentives in subsection (F) of this section, reductions shall be calculated only in whole
numbers.
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17. All parking spaces shall be clearly designated with paint, raised rails or other devices. A
wheel stop shall be provided for each space that abuts a pedestrian walkway or any
structure. All structures shall be guarded with suitable control devices visible to the driver.
18. Lighting. Any lighting used to illuminate the off-street parking areas shall be so arranged
that it will not project light rays directly upon any adjoining property in a residential district.
19. All parking facilities shall be maintained in a clean and litter-free condition.
20. Handicapped spaces shall be provided and designed in accordance with Chapter 51-40
WAC, as the same now exists or may hereafter be amended.
21. Loading areas for child day care centers, and preschools, shall be designed and located
so vehicles using those spaces do not project into any public right-of-way.
22. Any off-street parking area for 10 or more cars shall meet the following additional
requirements:
a. For commercial or industrial uses the location and design of all access or egress
points shall be no closer than 15 feet to any lot used for single-family residential
purposes;
b. The location and design of all points of ingress and egress to parking areas shall be
subject to the review and approval of the city street superintendent;
c. The parking facility and its access ways shall be developed with a durable, dustless
surface of asphalt or concrete;
d. All surface runoff shall be retained and disposed of on-site, or disposed of in a
system designed for such runoff and which does not flood or damage adjacent
properties. Systems designed for runoff retention and control shall be designed and
constructed as approved by the city street superintendent pursuant to Chapter 16.20
EWMC, Design Standards, as the same now exists or may hereafter be amended.
23. Off-Street Loading. All commercial and industrial uses which have a gross floor area of
5,000 square feet or more shall provide off-street loading/unloading spaces outside of the
required front yard setback, in accordance with the following table:
Gross Square Footage Spaces Required
5,000 – 30,000 1
30,000 – 100,000 2
100,000 and over 3
a. Loading Space Size. The required space shall be of adequate size to accommodate
the maximum number and size of vehicles simultaneously loading or unloading at the
structure. Each off-street loading space shall have a minimum of 12 feet in width and 45
feet in length and not less than 14 feet of unobstructed vertical clearance.
b. Loading Space Location. The required loading and related maneuvering space shall
be located on or abutting the property served and shall not include any designated
off-street parking areas. Loading spaces shall be located so that trucks do not obstruct
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pedestrian or vehicle traffic movement and no part of any vehicle using the loading
space shall project into the right-of-way of any public or private road. All loading space
areas shall be clearly designated as a “truck loading area.”
c. Any loading space located within 100 feet of areas zoned for residential use shall be
designed and operated as necessary to reduce noise and visual impacts. Noise and
visual mitigation measures may include a combination of architectural or structural
barriers, landscaping, berms and/or restrictions on the hours of operation as approved
by the community development director.
D. Shared Parking Standards. Shared parking may be permitted when the following standards
and criteria can be met:
1. When two or more land uses, or uses within a building, have distinctly different hours of
operation (e.g., office and church), such uses may develop shared parking agreements to
satisfy the standards of this section.
2. Only 60 percent of the required parking of any single land use may qualify for shared
parking; in other words, 40 percent of any required parking of any single land use must be
met on-site while the remainder can be met through shared parking agreements.
3. Required parking shall be based on the land use that demands the greatest amount of
parking.
4. Location. The shared parking facility must be located within a 700-foot radius of the other
use being served as measured from a property line of the lot upon which the other use is
located to the nearest property line of the off-site shared parking facility.
5. The following minimum safety requirements must be met:
a. Paved sidewalks or paved pedestrian paths (including alleys if the same exist)
connect the shared parking facility and the land use using such shared parking facility;
and
b. There is adequate lighting on the sidewalk or pedestrian path and parking lot to
provide safe walking to the off-site facility as determined by the community development
director.
6. Agreement. An agreement, lease, deed, contract or easement establishing shared use of
a parking area shall be submitted to the community development director for review and
approval prior to execution and shall be in a form capable of recording with the Douglas
County auditor’s office. The city shall be notified of any termination or change in the use of
the individual property subject to the shared parking standards.
7. Termination of Shared Parking Agreements.
a. In the event that a shared parking agreement is to be terminated, those businesses
or other uses with less than the required parking shall notify the community
development director 60 days prior to the termination and take one of the following
actions:
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i. Provide at least 50 percent of the required parking within 90 days, and provide the
remaining parking within one calendar year following the termination of the shared
use; or
ii. Apply for a zoning variance pursuant to Chapter 17.88 EWMC, as the same now
exists or may hereafter be amended.
b. If sufficient parking is not provided, the use, or that portion of the use out of
compliance, shall be terminated within one calendar year following the termination of
the shared use agreement. This requirement shall be established as a condition of the
occupancy permit for uses relying on shared parking.
E. Combined Parking Standards. Combined parking may be permitted when the following
standards and criteria can be met:
1. When two or more land uses on separate properties or ownerships have cooperatively
established or operate a common parking facility, such uses may develop combined parking
agreements to satisfy the standards of this section.
2. Only 60 percent of the required parking of any single land use may qualify for combined
parking; in other words, 40 percent of any required parking of any single land use must be
met on-site while the remainder can be met through combined parking agreements.
3. Required parking shall be based on the combined total of the required parking for the
separate land uses.
4. Location. The combined parking facility is located within a 300-foot radius of the off-site
use being served as measured from the property line of the lot upon which the other use is
located to the nearest property line of the off-site shared parking facility.
5. The following minimum safety requirements must be met:
a. Paved sidewalks or paved pedestrian paths (including paved alleys, if the same
exist) connect the combined parking facility and the land use using such combined
parking facility; and
b. There is adequate lighting on the sidewalk or pedestrian path and parking lot to
provide safe walking to the off-site facility as determined by the community development
director.
6. Agreement. An agreement, lease, deed, contract or easement establishing combined use
of a parking area shall be submitted to the community development director for review and
approval prior to execution and shall be in a form capable of recording with the Douglas
County auditor’s office. The city shall be notified of any termination or change in the use of
the individual property subject to the combined parking standards.
7. Termination of Combined Parking Agreements.
a. In the event that a combined parking agreement is to be terminated, those
businesses or other uses with less than the required parking shall notify the community
development director 60 days prior to the termination and take one of the following
actions:
EXHIBIT B
Ordinance 2022-08 - Exhibit B Page 49 of 80
i. Provide at least 50 percent of the required parking within 90 days, and provide the
remaining parking within one calendar year following the termination of the combined
use agreement; or
ii. Apply for a zoning variance pursuant to Chapter 17.88 EWMC as now exists or as
may hereafter be amended.
b. If sufficient parking is not provided, the use, or that portion of the use out of
compliance, shall be terminated within one calendar year following the termination of
the combined parking agreement. This requirement shall be established as a condition
of the occupancy permit for uses relying on combined parking.
F. Parking Reduction Incentives. A 15 percent reduction of the required parking set forth in
subsection (G) of this section will be granted when a development meets all of the following
requirements:
1. The project must be within a 700-foot radius of a public bus shelter or transfer station as
measured from the nearest property line of the lot upon which the use is located to the bus
shelter or transfer station. If a bus shelter is not within 700 feet, one can be provided by the
applicant when it would be located and installed at a site approved by the local transit
authority, LINK.
2. A commute trip reduction plan is developed by the applicant and approved by the
community development director which demonstrates meaningful ways, such as carpooling,
vanpools, transit enhancements, informational displays, or bicycle commuting, to reduce
reliance on automobiles.
3. The proposed use is not auto-dependent, such as a drive-in restaurant.
4. The following minimum safety requirements are met:
a. There are paved sidewalks or paved pedestrian paths, including paved alleys,
between the transit facility and the land use using such transit facility; and
b. There is adequate lighting on the sidewalk or pedestrian path and parking lot to
provide safe walking to the off-site facility as determined by the community development
director.
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 MINIMUM PARKING
SPACES
RESIDENTIAL LAND USES:
Accessory dwelling
unit
1 space/unit
Bed and breakfast 1 space/guestroom
Boarding or lodging
home or room
1 space/guestroom
EXHIBIT B
Ordinance 2022-08 - Exhibit B Page 50 of 80
LAND USE MINIMUM PARKING
SPACES
Duplexes 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
one-bedroom units: 1
space/dwelling unit;
Two bedroom units:
1.5 spaces/dwelling
unit
Three or more
bedroom units: 2
spaces/dwelling unit;
Plus .25
spaces/dwelling unit
for guest parking
Student or group
housing
1 space/bedroom
Single-family and
manufactured home
parks
2 spaces/dwelling
unit
COMMERCIAL LAND USES:
Medical Facilities
Hospitals 1 space/4 beds
Medical, psychiatric, 4 spaces/1,000 s.f. of
EXHIBIT B
Ordinance 2022-08 - Exhibit B Page 51 of 80
LAND USE MINIMUM PARKING
SPACES
veterinary, or dental
clinic or office
GFA
Public Assembly
Indoor places of
public assembly such
as mortuaries,
funeral home,
religious facilities, or
other auditorium
style meeting rooms
1 space/4 seats or 8
feet of bench length
Outdoor places of
public assembly
including parks,
playgrounds and
other similar land
uses
1 space/8 seats or 1
space/100 s.f. of
assembly area,
whichever is greater
Municipal buildings 5 spaces/1,000 s.f. of
GFA
Libraries, reading
room, museum, art
gallery
2 spaces/1,000 s.f. of
GFA
Neighborhood
centers
As determined by the
board of adjustment
based upon the
demand for the
specified use
Child day care,
family day care,
preschool, nursery
1 space/employee
plus 1 space/10
children served as a
loading area
Public and private
schools
(1) Elementary
and middle school: 2
spaces/classroom
and 1
space/employee plus
1 space/12 ft. of
bench length in the
auditorium or
assembly area
(2) High school,
vocational and
college: 1 space/
employee plus 1
space/6 students
EXHIBIT B
Ordinance 2022-08 - Exhibit B Page 52 of 80
LAND USE MINIMUM PARKING
SPACES
(FTE), plus 1
space/12 ft. of bench
length in the main
auditorium or
assembly area
General Commercial
Outdoor commercial
amusement (except
golf courses and
drive-in theaters)
3 spaces/1,000 s.f. of
ground area
Archery, gun, tennis,
swimming or similar
athletic clubs,
gymnastics facility,
exercise facility
(1) 5
spaces/1,000 s.f. of
GFA, excluding
tennis or racquetball
courts
(2) 2
spaces/tennis or
racquetball court
Bowling alley 4 spaces/lane
Commercial
amusement,
stadium, arena,
horse race track,
speedways,
grandstands,
theaters
1 space/4 seats or 8
feet of bench
Golf course or golf
driving range
3 spaces/hole or tee
plus 1 space/300 s.f.
of club house
facilities
Studios for group
instruction
1 space/100 s.f. of
GFA used for the
facility
Mini storage 1 space/10 units
Roller skating or ice
skating rink,
swimming pools
4 spaces/1,000 s.f. of
activity surface
Retail/Hotel/Restaurants
Drive-through
restaurants (no
indoor seating)
Retail-food standards
plus sufficient
off-street loading for 6
vehicles. Vehicle
loading area counts
EXHIBIT B
Ordinance 2022-08 - Exhibit B Page 53 of 80
LAND USE MINIMUM PARKING
SPACES
towards required
parking spaces
Hotels, motels 1 space/guest room
or unit
Car wash 1 space/wash stall
plus sufficient
off-street loading area
for 2 cars per wash
stall
Vehicle repair
service
2 spaces per repair
bay plus additional
off-street parking for
vehicle storage
Gasoline or fuel
stations
3 spaces plus 1
space/300 s.f. of
associated retail
sales area
Restaurants, taverns,
cocktail lounges,
night clubs, pool
halls, card rooms,
adult entertainment
facilities
10 spaces/1,000 s.f.
of GFA
Retail food or
merchandise,
personal or
professional
services, offices,
banks, radio and
television stations
and studios,
self-service
laundries, liquor
stores
(1) Up to 2,000
s.f. of GFA: 4
spaces/1,000 s.f. of
GFA
(2) 2,001 – 7,500
s.f. of GFA: 3.5
spaces/1,000 s.f. of
GFA
(3) 7,501 – 40,000
s.f. of GFA: 2.85
spaces/ 1,000 s.f. of
GFA
(4) 40,001+ s.f. of
GFA: 2.5
spaces/1,000 s.f. of
GFA
Nursery or
greenhouse
1 space for each 400
s.f. of interior sales
area plus 1
space/each 1,000 s.f.
of outdoor sales area
EXHIBIT B
Ordinance 2022-08 - Exhibit B Page 54 of 80
LAND USE MINIMUM PARKING
SPACES
Retail stores
exclusively handling
bulky merchandise
such as furniture,
machinery, farm or
agricultural
equipment, lumber,
construction
materials, fuels,
livestock feeds or
heavy equipment,
contractor yards, bus
and truck terminals
and wholesale
bakeries
1.5 spaces/1,000 s.f.
of GFA
Automobiles, trucks,
boats and
recreational vehicles
sales or leasing, new
or used
1 space per 5,000 s.f.
of outdoor sales area
plus 1.5 spaces/1,000
s.f. of GFA for interior
showroom and
service facilities
INDUSTRIAL LAND USES:
Auto wrecking yards 15 spaces up to 10
acres; 25 spaces
over 10 acres
Recycling center 1 space/2,000 s.f. of
GFA
Mini-storage
warehouse
1 space/20 storage
units plus 1 space per
300 s.f. of GFA of
office space
CA storage,
warehouse,
refrigeration, storage
warehouse
1 space/5,000 s.f. of
GFA plus 1 space/2
employees based
upon the annual
average of the largest
shift
Wholesale trade,
manufacturing,
processing, packing,
or storage
1 space/1,000 s.f. of
GFA plus 1 space/2
employees based
upon the annual
average of the largest
shift
EXHIBIT B
Ordinance 2022-08 - Exhibit B Page 55 of 80
H. Off-Street Parking Dimensional Standards. Off-street parking spaces and aisles shall be
designed and constructed in compliance with the dimensional standards established in the
diagrams below.
EXHIBIT B
Ordinance 2022-08 - Exhibit B Page 56 of 80
I. Downtown Business Area Figure.
EXHIBIT B
Ordinance 2022-08 - Exhibit B Page 57 of 80
EXHIBIT B
Ordinance 2022-08 - Exhibit B Page 58 of 80
17.72.120 Minor modification of landscaping requirements – Technical review committee.
A. The approving authority for the permitsite plan technical review committee (TRC) established
in Chapter 17.80 EWMC may allow minor modifications from the requirements of this chapter.
B. Purpose. The purpose of the TRC is to review development proposals where the full
application of these landscaping regulations cannot be met and to consider minor modifications,
substitutions and other methods deemed appropriate to meet the stated intent.
C. Procedures. The procedures as established in Chapter 17.80 EWMC shall be followed.
CD. Powers of the Committee. The approving authorityTRC, at its meeting, shall consider the
merits of each request. The approving authorityTRC may approve modifications or substitutions
so long as they TRC shall observe the general intent of these regulations. For any proposal not
involving a reduction in the minimum requirement for the area to be landscaped, the approving
authorityTRC may make the following decisions:
1. Approve the request as presented;
2. Approve the request with certain stipulated conditions;
3. Approve the request with minor modifications;
4. Request a revised plan;
5. Deny the request.
For any proposal involving a reduction in the minimum requirement for the area to be
landscaped, the approving authorityTRC may take action as set forth in EWMC 17.72.130.
E. Appeals. The action of the approving authorityTRC will be final unless appealed. An appeal
of the approving authority regarding modification of landscaping requirements must be filed as
an appeal of the land use permit final action in accordance with EWMC Title 19.Notification of
an appeal must be made within five working days by letter to the code compliance officer. The
appeal will be heard at the next regularly scheduled meeting of the planning commission.
17.72.130 Payment in lieu of landscaping.
In the event that a proposed project cannot meet the required square footage of landscaping,
the proponent/owner/developer may petition the approving authorityTRC, as set forth in EWMC
17.72.120, to reduce the requirement up to 25 percent. The approving authorityTRC may take
any action authorized by EWMC 17.72.120, and in the event the approving authorityTRC
approves the request in any form, the proponent/owner/developer will pay an “in lieu” fee based
on the square footage reduced by the approving authorityTRC. The approving authorityTRC will
set a fee schedule which will be approved by the planning commission and city council. All “in
lieu” fees received will be assigned to a separate fund to be used for landscaping rights-of-way
or other beautification projects designed to promote the purpose of this chapter.
17.72.180 Adult entertainment facilities.
A. Scope of Restrictions. All adult entertainment facilities shall comply with the requirements of
this section. The purpose and intent of requiring standards for adult entertainment facilities is to
mitigate the adverse secondary effects caused by such facilities and to maintain compatibility
with other land uses and services which are held for a serious scientific or educational purpose
that are not obscene; and exhibitions, performances, expressions, or dances that are not
obscene.
EXHIBIT B
Ordinance 2022-08 - Exhibit B Page 59 of 80
B. Separation Requirements. Adult entertainment facilities shall be permitted in the CM district
as set forth in Chapter 17.34 EWMC only if the following separation requirements are met:
1. No adult entertainment facility shall be located closer than 600 feet to any other adult
entertainment facility whether or not such adult entertainment facility is located within or
outside the city limits.
2. No adult entertainment facility shall be located closer than 300 feet to any residential
zoning district whether or not such zoning district is located within or outside the city limits.
3. No adult entertainment facility shall be located closer than 500 feet to any of the following
uses whether or not such use is located within or outside the city limits:
a. Any public park, including the River Front Trail;
b. Any public library;
c. Any public or private nursery school or preschool;
d. Any public or private primary or secondary school;
e. Any day care;
f. Any community youth center; and
g. Any place of worship.
C. Measurement. The buffers required by this section shall be measured by extending a straight
line from the nearest point on the property line of the lot containing the proposed adult
entertainment facility to:
1. The nearest point on the boundary line of a residential zoning district;
2. The nearest point on the property line of a public park; or
3. The nearest point on the property line of the lot containing an adult entertainment facility,
a public library, public or private nursery school or preschool, public or private primary or
secondary school, day care, community youth center, or place of worship.
D. Variances. Whenever the applicant for an adult entertainment facility believes that the
separation requirements set forth in this section are not necessary to achieve an effective
degree of physical separation between the proposed adult entertainment facility and the zoning
districts and uses identified in subsection B of this section, the applicant shall have the right to
apply for a variance from the separation requirements subject to the procedures set forth in
Chapter 17.88 EWMC (Variances) and upon payment of the applicable fee for a variance
application. In determining whether a variance should be granted, the hearing examinerboard of
adjustment shall consider the following criteria in addition to the variance criteria set forth in
Chapter 17.88 EWMC (Variances):
1. The extent to which physical features would result in an effective separation between the
proposed adult entertainment facility and any zoning districts or uses identified in
subsection B of this section in terms of visibility and access;
EXHIBIT B
Ordinance 2022-08 - Exhibit B Page 60 of 80
2. The extent to which the proposed adult entertainment facility complies with the goals and
policies of the East Wenatchee Municipal Code;
3. The extent to which the proposed adult entertainment facility is compatible with adjacent
and surrounding land uses;
4. The availability or lack of alternative locations for the proposed adult entertainment
facility;
5. The extent to which the proposed adult entertainment facility can be avoided by
alternative vehicular and pedestrian routes; and
6. The extent to which the applicant can minimize the adverse secondary effects associated
with the proposed adult entertainment facility.
If, after considering these criteria and the variance criteria set forth in Chapter 17.88 EWMC
(Variances), the hearing examinerboard of adjustment finds that an effective degree of physical
separation between the proposed adult entertainment facility and the zoning districts and uses
identified in subsection B of this section can be achieved without requiring the full distance of
separation provided by this section, the hearing examinerboard of adjustment shall determine
the degree of variance to be allowed and shall grant the variance. Otherwise, the variance
application shall be denied.
E. Nonconforming Adult Entertainment Facilities. An adult entertainment facility shall be deemed
a nonconforming use and shall be subject to the requirements of Chapter 17.76 EWMC
(Nonconforming Uses and Structures) if a zoning district or use identified in subsection B of this
section locates within 500 feet of such adult entertainment facility after the date that such adult
entertainment facility has located within the city in accordance with the requirements of this
section. (Ord. 07-05 § 7, 2007; Ord. 2000-01 § 5, 2000)
17.72.270 Cryptocurrency mining.
Cryptocurrency mining operations are permitted only within the General Commercial and
General Industrial Zoning Districts. In addition to compliance with the requirements for those
zoning districts all projects must meet the following standards, unless otherwise regulated within
this code:
A. Applications shall be processed as an administrative review under Type IIB if exempt from
SEPA review or a Type IIA if not exempt from SEPA review under EWMC Title 19.01.030.
B. No cryptocurrency mining operation may cause adverse or detrimental effects to adjoining
lessees, owners, or residents that diminish the quality of life or increase the costs of serving
their business or maintaining their homes.
C. The use of cargo containers, railroad cars, semi-truck trailers and other similar storage
containers for any component of the operation is strictly prohibited.
D. Prior to issuance of a building permit, the applicant shall provide written verification from
Douglas County Public Utility District (PUD) that the PUD has calculated the potential electrical
consumption of the proposed use and has verified that the utility supply equipment and related
electrical infrastructure is sufficiently sized and can safely accommodate the proposed use.
EXHIBIT B
Ordinance 2022-08 - Exhibit B Page 61 of 80
E. Prior to city issuance of a certificate of occupancy, the applicant must provide a copy of the
Washington State Department of Labor and Industries electrical permit and written verification
that the electrical work has passed a final inspection.
F. New structures proposed for use as data centers or for cryptocurrency mining shall meet the
Treatment of Blank Walls guidelines found in the Greater East Wenatchee Urban Growth Area
Design Standards and Guidelines unless the project is located within the general industrial
zoning district.
G. All cryptocurrency mining and data center operations, including all ancillary
equipment/operations for purposes such as cooling, shall be designed, constructed, operated,
and maintained so as not to cause the dissemination of dust, smoke, glare, heat, vibration or
noise in excess of the maximum environmental noise level established by Chapter 9.25 EWMC
or Chapter 173-60 WAC beyond the property line or affecting adjacent buildings. Violation of
these established noise levels will result in revocation of a city business license pursuant to
Chapter 5.04 EWMC and any other applicable penalties.
H. Within 30 days of commencing operations, the owner/operator of the facility shall provide to
the city an affidavit that includes the following information:
1. Name and qualifications of the person who measured the decibel levels.
2. Equipment used to measure the noise volume.
3. Location of the noise measurements depicted on a scaled site plan. The points of
measurement shall be at all property lines and generally at the points on those property
lines most susceptible to noise from the applicable equipment.
4. Decibel levels measured at each property line.
5. A description of the operating conditions of the applicable equipment when the
measurements were taken.
6. Time and duration of measurements.
7. A statement attesting to the accuracy of the information provided and a guarantee that
the project proponent will not run their equipment at a more intense or noisier state than
when the measurements were taken.
8. The city reserves the right to require independent verification of noise measurements
and/or to request additional measurements at different points on the property. All
measurements must comply with the noise levels established in Chapter 173-60 WAC and
Chapter 9.25 EWMC.
EXHIBIT B
Ordinance 2022-08 - Exhibit B Page 62 of 80
17.74.020 Permit procedures.
A. Permit Requirement. Except as provided in subsection B of this section, no sign governed by
the provisions of this chapter shall be erected, altered or relocated by any person, firm or
corporation from and after the date of adoption of the ordinance codified in this chapter without
a permit issued by the city.
B. Permit Exceptions. No sign permit shall be required for repainting, cleaning, or other normal
maintenance and repair of a sign, or for sign face and copy changes that do not alter the size or
structure of the sign.
C. Alterations Requiring Permits. Sign permits shall be required for all alterations or
modifications of a sign size, structure of the sign, or the addition of illumination or conversion to
a reader board style sign.
D. Processing Applications. A sign permit application shall be processed as a Type IB
application in accordance with EWMC Title 19, as amended. Sign permits shall be processed in
accordance with Chapter 15.24 EWMC, as amended.
The final decision on the issuance of sign permit shall be made within 60 days after the city
determines the application is complete.
E. Optional Consolidated Permit Review Process. If the applicant for a sign has elected to use
the optional consolidated permit review process under EWMC 19.01.020, as amended, the
issuance of the requested project permit or approval shall constitute approval of the proposed
placement of the sign or signs; provided, that the construction of the sign complies with Chapter
15.24 EWMC, as amended.
F. Permit Applications. Application for a sign permit shall be made in writing on forms furnished
by the city. Only fully completed applications shall be accepted. The completed application for a
sign permit shall be accompanied by the following plans and other information:
1. Accurate drawings shall be submitted along with the sign permit application. These
drawings shall be on paper no larger than 11 inches by 17 inches or be capable of being
folded for storage in an eight-and-one-half-inch by 11-inch file, and shall become the
property of the city. The drawings shall include the following information:
a. A scaled site plan indicating the location of the proposed sign, an outline of the
principal building showing the amount of building frontage, the location and size of any
existing signage at the site, the dimensioned setbacks from the nearest right-of-way
and property line dimensions.
b. Two sets of an accurate scaled drawing or photograph of the plans and specifications
of the sign to be erected or affixed. Such details shall include accurate dimensions,
materials, copy (depicting the letter size, type, style, and color), the size of the proposed
sign, illumination, and showing all detail of the mounting structures and devices.
c. For wall signs, canopy signs, and awning signs, an accurately scaled drawing of all
building faces to be signed, including the scaled outlines of all existing and proposed
signs, and the area calculation of the architectural building elevation wall area.
EXHIBIT B
Ordinance 2022-08 - Exhibit B Page 63 of 80
2. Color photographs of the property in question, showing all existing signs on the property.
For proposed wall signs, a color photograph of the entire facade of the building on which the
sign is to be erected shall be submitted.
3. A sworn statement made before a notary public and under penalty of perjury by the
applicant that the property affected by the application is in the exclusive ownership of the
applicant, or that the applicant has submitted the application with the consent of all owners
of the affected property.
4. Other pertinent information required by the director to ensure compliance with this
chapter.
5. The director may waive specific submittal requirements determined to be unnecessary for
review of an application.
G. Application Fees. An application fee shall be paid to the city prior to the issuance of the sign
permit. The application fee shall be consistent with EWMC 15.24.050 or as set by resolution of
the city council.
17.74.120 Definitions.
A. “A-frame sign” or “sandwich board sign” means a two-faced, hinged in an A-frame style sign
which is readily movable and has no permanent attachment to a building, structure or the
ground.
B. “Abandoned sign” means any sign located on property that is vacant and unoccupied for a
period of six months or more, or any sign which pertains to any occupant, business or event
unrelated to the present occupant or use.
C. “Alteration of sign” means any construction material, size, or location change except for
normal maintenance to an existing sign.
D. “Animation” means the presentation of pictorials and/or graphics on signs displayed in a
progression of frames which give the illusion of motion, including, but not limited to, the illusion
of moving objects, moving patterns or bands of light.
E. “Awning” means an architectural projection covered with cloth, plastic, or other nonstructural
covering that either is permanently attached to a building or can be raised or retracted to a
position against the building when not in use and is entirely supported from an exterior wall of a
building.
F. “Awning or canopy sign” means any sign that is painted on or forms part of or is integrated
into an awning or canopy and that does not extend beyond the limits of such awning or canopy.
A marquee is not a canopy.
G. Building Elevation Wall Area. The area of the building elevation wall shall be calculated by
multiplying the height of the building wall by the width of the wall. The height of the wall is
represented by the vertical distance measured from the average elevation of the finished grade
to the lowest point of the eave of the roof.
H. “Canopy” means a permanent roof-like structure providing protection from the elements, such
as a service station gas pump island that is either entirely freestanding or attached to a building
on one side with posts supporting the opposite side.
EXHIBIT B
Ordinance 2022-08 - Exhibit B Page 64 of 80
I. “Changing message center sign” means an electronically controlled sign where different
automatic changing messages are shown on the lamp bank. This definition does not include
time and temperature displays.
J. “Construction sign” means any sign used to identify the architects, engineers, contractors, or
other individuals or firms involved with the construction of a building; and to show the design of
the building or the purpose for which the building is intended.
K. “Drive-in restaurant” or “refreshment stand” means any place or premises used for sale,
dispensing, or serving of food, refreshments, or beverages in automobiles, including those
establishments where customers may serve themselves and may eat or drink the food,
refreshments, or beverages on the premises.
L. “Directional sign” means a sign designed to guide or direct pedestrian or vehicular traffic to an
area, place or convenience, and may include incidental graphics such as trade names and
trademarks but does not contain advertising or promotional information.
M. “Directory sign” means a sign listing the names, uses, addresses or locations of the various
businesses or activities conducted within a multi-tenant building or multi-tenant complex for the
purpose of identification and direction only, and containing no advertising.
N. “Flashing or blinking sign” means an electric sign or a portion thereof (except changing
message centers) which changes light intensity in a sudden transitory burst, or which switches
on and off in a constant pattern in which more than one-third of the incandescent light source is
off at any one time.
O. “Freestanding sign” means a sign permanently supported from the ground in a fixed location
by a structure of poles, uprights, braces or monumental base and not supported by nor attached
to a building. The base of such sign shall be located on the business property. Pole signs and
monument signs are considered to be freestanding signs.
P. “Illuminated sign” means an electric sign or other sign employing the use of lighting sources
for the purpose of decorating, outlining, accentuating or brightening the sign area.
1. Indirectly illuminated signs are signs that are illuminated from an external source that
may or may not be attached to the sign.
2. Internally illuminated signs are signs where the source of the illumination is inside the
sign and light emanates through the message of the sign, rather than being reflected off the
surface of the sign from an external source.
Q. “Informational sign” means an on-premises sign which is incidental and necessary for public
safety and convenience and general information that has a purpose secondary to the use of the
property on which it is located, such as restrooms, telephone, help wanted, hours of operation,
acceptable credit cards, recycling containers, no trespassing, parking space designations
(compact, handicapped, no parking, etc.), and vehicle impound signs required under RCW
46.55.070.
R. “Landscaping” means any material used as a decorative feature, such as shrubbery or
planting materials, planter boxes, concrete bases, brick work, decorative framing or pole covers,
used in conjunction with a sign which expresses the theme of the sign and related structure but
does not contain advertising copy.
EXHIBIT B
Ordinance 2022-08 - Exhibit B Page 65 of 80
S. “Marquee” means a permanent roof-like structure extending from part of a wall of a building
and supported solely by the building.
T. “Marquee sign” means any sign that forms part of or is integrated into a marquee and that
does not extend beyond the limits of such marquee.
U. “Monument sign” means a freestanding sign permanently affixed to the ground by a wide,
solid base that is the same or nearly the same width as the sign face, with no open space
between the sign and the ground.
V. “Mural” means a drawing or picture painted on a wall which contains no printed words and
which depicts no logo or other business symbol.
W. “Multi-tenant complex” means all of the following: a group of separate buildings operating
under a common name or ownership; a group of separate buildings which share a common lot,
access and/or parking facility; a group of separate buildings on adjoining lots for which the
property owners have requested in writing to be considered as a multi-tenant complex; a
building or lot containing multiple dealership franchises or service support facilities; or a single
building containing multiple tenant spaces where there are specific exterior pedestrian
entrances for individual tenants.
X. “Nonconforming sign” means a sign which was legally installed under laws or ordinances in
effect prior to the effective date of the ordinance codified in this chapter or subsequent revisions,
but which is in conflict with the current provisions of this chapter.
Y. “Normal maintenance” means to restore a sign to a state comparable to its original condition
within a reasonable period after decay or partial destruction except where repair involves a total
replacement.
Z. “Off-premises sign” means a sign which advertises or promotes merchandise, service, goods,
or entertainment which are sold, produced, manufactured or furnished at a place other than on
the property on which the sign is located.
AA. “On-premises sign” means a sign incidental to a lawful use of the premises on which it is
located, advertising the business transacted, services rendered, goods sold or products
produced on the premises or the name of the business, person, firm, or corporation occupying
the premises.
BB. “Parapet” means that portion of a building wall which extends above the roof of a building.
CC. “Projecting sign” means any sign, other than a wall sign, which projects from and is
supported by a wall of a building or structure, excluding awnings.
DD. “Pole sign” means a freestanding sign permanently supported by one or more uprights,
poles, pylons or braces in or on the ground, and is not defined as a monument sign. The base of
such sign shall be located on the business property.
EE. “Political sign” means temporary signs for local, state or national purposes advertising a
candidate or candidates for public elective office or a political party, signs urging a particular
vote on a public issue or referendum decided by ballot, or signs expressing a noncommercial
viewpoint.
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FF. “Portable sign” means a sign that is capable of being moved easily and not permanently
affixed to the ground, a structure, or a building (does not include sandwich board signs).
GG. “Reader board” means a sign on which different messages can be displayed.
1. A manual reader board includes messages which are changed by use of removable
letters that must be physically placed and arranged on the sign. Messages are usually
displayed for periods of 24 hours or longer.
2. Electronic reader boards utilize computer-generated messages or some other electronic
means of changing copy. These signs include displays using incandescent lamps, LEDs,
LCDs or a flipper matrix, and may also enable changes to be made to messages from
locations other than at the sign.
HH. “Real estate sign” means a sign that advertises the real estate on which it is located for
rent, lease, or sale.
II. “Residential sign” means any sign located in a residential district that contains no commercial
message except advertising for goods or services legally offered on the premises where the
sign is located, if offering such service location conforms with all requirements of this title.
JJ. “Roof sign” means any sign erected upon, against, or directly above a roof or roof eave, or
on top or above the parapet, or on a functional architectural appendage above the roof or roof
eave which exceeds the highest point of a roof or parapet wall.
KK. “Sign” means a communication design, device, structure, or fixture that incorporates
graphics, graphic designs, symbols, colors, figures, logos, trademarks, or written copy, for the
purpose of conveying a particular message to public observers. Painted designs, murals, or
patterns located on a building wall or roof which do not represent a product, service or
registered trademark/copyright, and which do not identify the user, are not considered signs.
LL. “Streaming video” means electronic video displays utilizing content in motion picture form
similar to or otherwise depicting a television screen.
MM. “Substantial improvement” means any maintenance, repair, structural modification, addition
or other improvement of a site, the cost of which within any 60-month period equals or exceeds
50 percent of the assessed value of the buildings on the site, either before the maintenance,
repair, modification or addition is started or before the damage occurred, if the building has
been damaged and is being restored.
NN. “Suspended sign” means a sign that hangs below the permanent overhang, marquee or
canopy extending over public or private sidewalks, pedestrian way, or rights-of-way.
EXHIBIT B
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OO. “Temporary sign” means any sign, banner, pennant, valance, or advertising display
constructed of cloth, paper, canvas, cardboard, and/or other light, nondurable materials. Types
of display included in this category are: signs for grand openings, special sales, special events,
and garage sales.
PP. “Wall sign” means any sign attached to or erected on the exterior wall of the building with
the exposed face of the sign in a plane approximately parallel to the plane of the exterior wall of
the building, projecting less than 12 inches and not extending above the eave line. The top of a
parapet wall shall be considered the eave line. The lowest part of a mansard-style roof shall be
considered the eave line. Where a parapet wall is combined with a mansard roof, the eave line
shall be the top of the parapet.
QQ. “Window sign” means any sign that is painted or mounted onto either side of an exterior
windowpane or within three feet of an exterior window. Also, any sign that is hung inside the
window with the intent of being visible from the exterior in a more than incidental manner,
including advertisements for services or products in the form of decals, emblems, paint,
exposed neon, banners, etc. If inside the window, the sign message must be visible from the
exterior to be considered a window sign. The term does not include merchandise located within
three feet of a window. (Ord. 14-03 § 7, 2014; Ord. 10-02 § 3 (Exh. A), 2010; Ord. 2000-03 § 1,
2000)
17.76.010 Definitions.
A. “Nonconforming structure” means a structure which was lawful when established which does
not now conform to the development standards of the zone in which it is located.
B. “Nonconforming use” means a use of land or a structure which was lawful when established
and which does not now conform to the use of the zone in which it is located.
C. “Established” means that a structure or use conformed to applicable zoning regulations at the
time the structure was built or a use or building permit has been granted and has not expired.
(Ord. 91-5 § 2, 1991)
Chapter 17.80
SITE PLAN REVIEW
Sections:
17.80.010 Purpose.
17.80.020 Committee membership.
17.80.030 Review requirement.
17.80.040 Procedure.
17.80.050 Committee review.
17.80.060 Appeals.
17.80.070 Content of application.
17.80.080 Preliminary site plan review.
17.80.090 Additional information for review.
17.80.100 Duration of approval.
17.80.110 Waiver of site plan review.
17.80.010 Purpose.
The purpose of site plan review is as follows:
EXHIBIT B
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A. To promote the public health, safety and general welfare;
B. To supplement land use regulations to lessen traffic congestion, promote coordinated
development and conserve and restore natural beauty and other natural resources;
C. To provide procedural guidelines for review of development within the city;
D. To foster communication among all involved in the development of property within the city;
E. To ensure uniformity in the application of codes, regulations, policies and other regulatory
devices that affect land development;
F. To protect the use and enjoyment of surrounding properties;
G. To implement the Comprehensive Plan. (Ord. 91-5 § 2, 1991)
17.80.020 Committee membership.
The site plan technical review committee shall consist of the following members: code
compliance officer, street superintendent, city planner, engineer and representatives of special
purpose districts as appropriate. (Ord. 91-5 § 2, 1991)
17.80.030 Review requirement.
Site plan review and approval shall be required prior to the use of land for the location of any
commercial, industrial or public building or activity and for the location of any building in which
more than five dwelling units would be contained. (Ord. 91-5 § 2, 1991)
17.80.040 Procedure.
The applicant shall complete the application forms and all other required information, including a
filing fee, and file the application with the code compliance officer. The code compliance officer
shall distribute copies of the application to all other members of the TRC 10 days prior to the
meeting together with written notice of the meeting date, time and place. The TRC shall meet at
a time and location to be determined by the code compliance officer. The applicant shall be
notified in writing of the meeting date, time and place at least 10 days prior to the meeting, by
the code compliance officer. The applicant is required to attend the meeting. Failure of the
applicant to attend the meeting, may delay review of the application. (Ord. 91-5 § 2, 1991)
17.80.050 Committee review.
The TRC shall review the application to ensure compliance with the purpose and intent of this
chapter. The TRC may do the following:
A. Approve the application as submitted;
B. Approve the application with conditions;
C. Continue consideration of the application until another meeting to allow the applicant to
provide additional information;
D. Table the application to allow the applicant to further refine or redesign the project to meet
city criteria; or
E. Disapprove the application as submitted.
Approval of the application means that the applicant can then seek the issuance of a building
permit. (Ord. 91-5 § 2, 1991)
EXHIBIT B
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17.80.060 Appeals.
In the event that an application is conditionally approved or disapproved, the applicant may
appeal the TRC’s decision to the planning commission. Such appeal shall be submitted within
15 days after notification of the TRC’s decision. (Ord. 91-5 § 2, 1991)
17.80.070 Content of application.
Each application shall contain the following information:
A. The title and location of the proposed development, together with the names, addresses and
telephone numbers of the record owner or owners of the land and the applicant, and if
applicable, the names, addresses and telephone numbers of any architect, planner, designer or
engineer responsible for the preparation of the plan and of any authorized representative of the
applicant;
B. The proposed use or uses of the land and buildings;
C. The site plan drawing or drawings at a scale of less than one inch for each 50 feet shall
include or show:
1. The location of all existing and proposed structures including, but not limited to, buildings,
fences, culverts, bridges, roads and streets on the subject property, and major structures on
adjacent properties,
2. The boundaries of the property proposed to be developed,
3. All proposed and existing buildings and setback lines,
4. All areas, if any, to be preserved as buffers or to be dedicated to a public, private or
community use or for open space under the provisions of this title or any other city
ordinance, and all information regarding percentage of area covered, locations and general
types of landscaping,
5. All existing and proposed easements,
6. The locations of all existing and proposed utility structures and lines,
7. The storm water drainage systems for existing and proposed structures,
8. All means of vehicular and pedestrian ingress and egress to and from the site and the
size and location of driveways, streets and roads,
9. The location and design of off-street parking areas showing their size and locations of
internal circulation and parking spaces,
10. The location of all loading spaces including, but not limited to, loading platforms and
loading docks where trucks will load or unload;
D. Topographic map or maps which delineate contours, both existing and proposed, at intervals
of two feet or other intervals as deemed necessary, and which locate existing streams and
landscape or orchard;
E. The existing zoning district of the proposed development site and any other zoning district
within 100 feet of the site;
EXHIBIT B
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F. The proposed number of square feet in paved or covered surfaces, whether covered by
buildings, driveways, parking lots, or any other structure covering land, and the total amount of
square feet in the entire proposed development site;
G. The proposed number of square feet in gross floor area for each commercial and industrial
use. (Ord. 91-5 § 2, 1991)
17.80.080 Preliminary site plan review.
Prior to applying for site plan review, a developer may file a request for a preliminary site plan
review which shall contain in a rough and approximate manner all of the information required in
the site plan application. The application must clearly state that it is a request for a preliminary
site plan review. The purpose of the preliminary site plan review is to enable a developer filing
the plan to obtain the advice of the TRC about the applicability of the intent, standards and
provisions of this chapter to the plan. After the filing of the preliminary site plan, the TRC shall
make available to the developer its written advice regarding the compatibility of the preliminary
site plan with the intent, standards and provisions of this chapter. (Ord. 91-5 § 2, 1991)
17.80.090 Additional information for review.
The TRC may require the applicant to submit any additional information or material which it
finds is necessary for the proper review and hearing of the application. (Ord. 91-5 § 2, 1991)
17.80.100 Duration of approval.
Approval of the site plan shall be effective for 18 months from the date of approval by the TRC.
(Ord. 91-5 § 2, 1991)
17.80.110 Waiver of site plan review.
The code compliance officer may waive the requirement of site plan review if the code
compliance officer finds the objectives of this chapter have been met and that the developer
concurs with the code compliance officer’s findings and decision. (Ord. 91-5 § 2, 1991)
17.88.010 Authority to grant variances.
A variance may be granted by the hearing examiner board of adjustment after a public hearing
and review by the hearing examinerboard of adjustment.
17.88.020 Application.
A written application for a variance from zoning ordinances and any other land use regulatory
ordinance or plan shall be submitted to the hearing examinerboard of adjustment on forms
prescribed by the hearing examinerboard of adjustment and shall include such information as
requested thereon. No application shall be accepted unless it complies with such requirements.
17.88.040 Public hearing notification.
Before a request for a variance is acted upon by the board of adjustment it shall be considered
at a public hearing. Notice of the public hearing shall be given as follows:
A. By sending copies of the notice by mail not less than five days nor more than 14 days prior to
the date of the hearing to all property owners within 300 feet of the exterior boundaries of the
property involved, and it shall be the responsibility of the applicant to provide mailing labels with
the name and addresses of owners as shown on the records of the county assessor;
B. At the discretion of the staff additional announcement of the public hearing may be given by
posting copies of the notice in a conspicuous place at or near the location of the proposal, or by
such radio and/or press advertisement as deemed necessary. (Ord. 91-5 § 2, 1991)
EXHIBIT B
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17.88.050 Approval or denial of application – Standards.
Subject to conditions, safeguards and procedures provided by ordinance, the hearing
examinerboard of adjustment shall be empowered to hear and decide:
A. Applications for variances from the terms of the zoning ordinances, from the official zoning
map, ordinance and from other land use regulatory ordinances prescribed by city ordinance,
and no application for a variance shall be granted unless the hearing examinerboard of
adjustment finds:
1. That the variance shall not constitute a grant of special privilege inconsistent with the
limitation upon uses of other properties in the vicinity and zone in which the subject property
is located; and
2. That such variance is necessary, because of special circumstances relating to the size,
shape, topography, location or surroundings of the subject property, to provide it with use
rights and privileges permitted to other properties in the vicinity and in the zone in which the
subject property is located; and
3. That the granting of such variance will not be materially detrimental to the public welfare
or injurious to property or improvements in the vicinity and zone in which the subject
property is situated.
B. In deciding any of the matters referred to he/sheit, the hearing examinerboard of adjustment
shall issue a written report giving the reasons for its decision. The hearing examinerboard of
adjustment shall further make a finding that the reasons set forth in the application justify the
granting of the variance and that the variance is the minimum variance that will make possible
the reasonable use of the land, building or structure.
17.88.060 Conditions of approval.
In approving any variance, the hearing examinerboard may impose reasonable conditions to
ensure that the variance shall not be materially detrimental to the public welfare or injurious to
property or improvements in the area.
17.88.070 Review and appeal of decisions of code compliance officer.
The board may review any interpretation of the provisions of the zoning ordinances made by the
code compliance officer and any order, requirement, decision or determination relating thereto,
in the application of the specific provisions of the zoning ordinances to any parcel of land and/or
structure. The board may after public hearing confirm or reverse the interpretation made by the
code compliance officer and any order, requirement, decision or determination relating thereto;
and the board’s decision shall be based upon the record and the findings in each case, and to
that end it shall have all of the powers of the code compliance officer. (Ord. 91-5 § 2, 1991)
17.88.080 Appeal from decision – Time limits.
The action by the board of adjustment on an application for a variance or an appeal from the
decision of the code compliance officer shall be final. Any board decision shall be reviewable for
unlawful, arbitrary, capricious or corrupt action or nonaction by writ of review before the Douglas
County superior court; provided, that the application for writ of review shall be made to the court
within 10 days from any decision so to be reviewed. The costs of transcription of all records
ordered certified by the court for such review shall be borne by the appellant at the rate
prescribed by the administrator of this title. Such costs shall not exceed the amount necessary
to reimburse the city for its expenses actually incurred. (Ord. 91-5 § 2, 1991)
EXHIBIT B
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17.88.090 Findings of fact.
In issuing an order, requirement, decision or determination, the hearing examinerboard of
adjustment shall make written findings of fact stating reasons upon which the action is based.
17.92.010 Generally.
A. Conditional property uses, because of public convenience and necessity and their effect
upon the neighborhood, shall be permitted only upon the approval of the hearing examinerboard
of adjustment, after due notice and a public hearing held in accordance with EWMC 17.92.020.
B. Permits for conditional property uses shall be signed by the hearing examinersecretary of the
board of adjustment and shall stipulate restrictions or conditions which may include a definite
time limit, provisions for a front, side or rear yard greater than the minimum requirements of the
zoning ordinance, suitable landscaping, off-street parking and any other reasonable restrictions,
conditions or safeguards that would uphold the spirit and intent of the zoning ordinance and
mitigate any adverse effect upon the neighborhood properties by reason of the use extension,
construction or alteration allowed.
C. The hearing examinerboard of adjustment may require that the applicant for a permit for
conditional property use furnish the city with a performance bond up to the value of the cost of
the improvement to be guaranteed by such bond in order to assure the property development of
a conditional property use with the restrictions and conditions specified by the hearing
examinerboard of adjustment on the conditional use permit and as set forth in this title.
D. If not otherwise specified by the hearing examinerboard of adjustment, the conditional use
permit shall expire at the end of a period of one year from the time it is granted if the use for
which the permit is granted is not substantially established by that time. Any conditional use
permit, if granted, shall pertain only to the specific use and specific property of the applicant. In
the event of any use of the property not fully described as authorized in the permit which was
granted, such permit is void and the use of the property shall immediately be restricted to those
permissive uses of the zone in which the property is situated. Any applicant desiring an
amendment to an existing conditional use permit must comply with the procedures for approval
of a conditional use permit as set forth in this title.
E. The officer having charge of the enforcement of this code shall have at any time the right and
duty to investigate any complaints concerning the use of any structure or property or the
continuance of a conditional use in accordance with the provisions of this title covering
conditional property uses. Upon his finding that the use or continued use of such premises is
contrary to the provisions of this title establishing conditions for such use then he shall forthwith
issue a cease and desist order prohibiting the use or continuance of use of said premises for the
said purpose and it shall be abated as a public nuisance. Any cease and desist issued by the
administrator as above provided shall be appealable in writing to the hearing examinerboard of
adjustment for a period of 30 days after the issuance of the order.
F. Any conditional property use shall meet the minimum dimensional standards of the zone in
which it is to be located as well as the minimum conditions listed in this chapter and in Chapter
17.64 EWMC for specific conditional uses identified therein.
17.92.020 Public hearing notification.
Before a request for a conditional use permit is acted upon by the board of adjustment it shall be
considered at a public hearing. Notice of the public hearing shall be given as follows:
EXHIBIT B
Ordinance 2022-08 - Exhibit B Page 73 of 80
A. By sending copies of the notice by mail not less than five days nor more than 14 days prior to
the date of the hearing to all property owners within 300 feet of the exterior boundaries of the
property involved, and it shall be the responsibility of the applicant to provide mailing labels with
the name and addresses of owners as shown on the records of the county assessor;
B. At the discretion of the staff additional announcement of the public hearing may be given by
posting copies of the notice in a conspicuous place at or near the location of the proposal, or by
such radio and/or press advertisement as deemed necessary. (Ord. 92-1 § 4, 1992; Ord. 91-5 §
2, 1991)
17.92.030 Approval or rejection of application – Standards.
The hearing examinerboard of adjustment may approve a conditional use permit application
only upon finding that:
A. The proposal is compatible with the intent of the Comprehensive Plan for the city;
B. The proposal is compatible with the surrounding neighborhood;
C. The surrounding neighborhood would not be negatively impacted by the size, arrangement or
architectural design of the proposed use;
D. Traffic patterns are not severely impacted;
E. Public facilities are available to serve the proposed development;
F. The proposal has no materially detrimental effects on neighboring properties due to
excessive noise, lighting or other interference with the peaceful use and possession of said
neighboring properties;
G. The proposal has been designed to minimize adverse effects on neighboring properties;
H. Landscaping materials are provided in sufficient quantities and locations to screen
objectionable views, break up large parking areas, and present an aesthetically attractive
appearance.
17.92.040 Appeal from board of decisions.
All appeals of any decision by the board of adjustment shall be made in accordance with EWMC
17.96.090, as presently enacted or hereafter amended. (Ord. 92-1 § 5, 1992; Ord. 91-5 § 2,
1991)
Chapter 17.96
BOARD OF ADJUSTMENT
Sections:
17.96.005 Board of adjustment – Hearing examiner.
17.96.010 Repealed.
17.96.020 Repealed.
17.96.030 Repealed.
17.96.040 Repealed.
17.96.050 Repealed.
17.96.060 Repealed.
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17.96.070 Repealed.
17.96.080 Repealed.
17.96.090 Appeal from hearing examiner decisions.
17.96.100 Repealed.
17.96.005 Board of adjustment – Hearing examiner.
Whenever a provision of the East Wenatchee Municipal Code refers to the board of adjustment
or board of appeals, any such reference shall hereafter refer to and mean the city hearing
examiner as set forth in Chapter 2.42 EWMC. (Ord. 07-16 § 2, 2007)
17.96.010 Membership, terms and compensation.
Repealed by Ord. 07-16. (Ord. 91-5 § 2, 1991)
17.96.020 Meetings and rules of order.
Repealed by Ord. 07-16. (Ord. 91-5 § 2, 1991)
17.96.030 Jurisdiction of board.
Repealed by Ord. 07-16. (Ord. 91-5 § 2, 1991)
17.96.040 Applications to board.
Repealed by Ord. 07-16. (Ord. 91-5 § 2, 1991)
17.96.050 Hearings.
Repealed by Ord. 07-16. (Ord. 92-1 § 6, 1992; Ord. 91-5 § 2, 1991)
17.96.060 Board findings.
Repealed by Ord. 07-16. (Ord. 91-5 § 2, 1991)
17.96.070 Records.
Repealed by Ord. 07-16. (Ord. 91-5 § 2, 1991)
17.96.080 Stay.
Repealed by Ord. 07-16. (Ord. 91-5 § 2, 1991)
17.96.090 Appeal from hearing examiner decisions.
Appeals of the decision of the hearing examiner shall be made pursuant to EWMC 2.42.130, as
the same exists now or may be hereafter amended. (Ord. 07-16 § 3, 2007; Ord. 91-5 § 2, 1991)
17.96.100 Administration.
Repealed by Ord. 07-16. (Ord. 91-5 § 2, 1991)
EXHIBIT B
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Chapter 17.98
ZONING CLASSIFICATIONS FOR ANNEXATION AREAS
Sections:
17.98.010 Zoning of annexations.
17.98.010 Zoning of annexations.
All property annexed into the city shall be zoned R-L Residential Low Density DistrictSR-20,000
Residential District unless a proposed zoning regulation has been adopted for the area
proposed for annexation in accordance with RCW 35A.14.330 and 35A.14.340 as the same
exist now or may be amended.
EXHIBIT B
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Chapter 17.100
AMENDMENTS
Sections:
17.100.005 Limitation on amendment procedures.
17.100.010 Amendments – Initiation of action.
17.100.020 Amendment procedure – Planning commission public hearing.
17.100.030 Text amendments – Notice requirements.
17.100.040 Official zoning map amendment – Notice requirements.
17.100.050 Council action.
17.100.060 Limitations.
17.100.065 Appeal.
17.100.070 –
17.100.180 Repealed.
17.100.005 Limitation on amendment procedures.
East Wenatchee Municipal Code Chapters 17.96, Board of Adjustment; 17.84, Administration;
and 17.104, Violation – Penalty; shall be excluded from the amendment procedure requirements
set forth in this chapter, including the requirement of a public hearing for the enactment of
amendments. (Ord. 91-5 § 2, 1991)
17.100.010 Amendments – Initiation of action.
Amendments or additions to this title, including proposed changes to the official zoning map of
the city (use district changes) may be initiated in the following manner:
A. By the city council, city planning commission or city planning department;
B. By any interested property owner, as follows: by the filing with the city clerk/treasurer of a
petition of one or more owners of property within the city, setting forth the proposed amendment
or additions, which petition shall be on a standard form as prescribed by the planning
commission and accompanied by a nonrefundable fee in an amount set by city council to help
defray the costs of processing the petition. (Ord. 91-5 § 2, 1991)
17.100.020 Amendment procedure – Planning commission public hearing.
Proposed amendments or additions to this title, including proposed changes to the official
zoning map of the city, shall first be considered by the planning commission at a public hearing.
The planning commission shall hold a public hearing to consider proposed amendments or
additions to this title within 60 days after receiving application for a proposed amendment or
addition to this title. (Ord. 91-5 § 2, 1991)
17.100.030 Text amendments – Notice requirements.
Notice of the planning commission public hearing on amendments or additions to the text of this
title shall include the time, place, and purpose of the public hearing and shall be published at
least once in a newspaper of general circulation delivered to the city and in the official gazette, if
any, of the city, at least 10 days prior to the date of the public hearing. Continued hearings may
be held at the discretion of the planning commission, but no additional notices need to be
published. Within 60 days following the public hearing and any continuance thereof, the
planning commission shall prepare written findings, conclusions, and a recommended decision
and provide the same to the city council. (Ord. 91-5 § 2, 1991)
EXHIBIT B
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17.100.040 Official zoning map amendment – Notice requirements.
A. Notice of the planning commission public hearing on amendments or additions to the official
zoning map of the city (use district and changes) shall identify the property that is the subject of
the proposed amendment of the official zoning map.
B. The notice described in subsection A of this section shall be:
1. Published at least once in a newspaper of general circulation delivered in the city and in
the official gazette, if any, of the city, at least 10 days prior to the date of the public hearing;
and
2. Mailed to all property owners in the area that is subject of the proposed amendment to
the official zoning map and to all property owners within 300 feet of the boundaries of said
area.
C. The city code compliance officer shall compile a list of the names and addresses of the
owners of record owning property in the area that is the subject of the proposed amendment to
the official zoning map and within 300 feet of the boundaries of said area from the records of the
county assessor within 30 days of receipt of the amendment petition. Mailing notices to the
property owners on said list shall constitute compliance with all notice mailing requirements of
this chapter.
D. Continued hearings may be held at the discretion of the planning commission, but no
additional notices need be published or mailed.
E. Within 60 days following the public hearing and any continuance thereof, the planning
commission shall prepare written findings, conclusions, and a recommended decision and
provide the same to the city council. (Ord. 91-5 § 2, 1991)
17.100.050 Council action.
A. The city council shall, within 60 days after receiving the planning commission findings,
conclusions, and recommendation, consider the proposed amendment at a public meeting and
shall either:
1. Adopt the findings, conclusions and recommendations of the planning commission as the
decision of the council;
2. Modify the findings and conclusions of the planning commission without changing the
planning commission’s recommendation, and adopt the same as the decision of the council;
3. Reject the findings, conclusions, and/or recommendation of the planning commission and
adopt findings and conclusions of its own, based on the record of the planning commission
public hearing, and enter its own decision;
4. Remand the matter back to the planning commission with written instructions for further
consideration or additional public hearings; or
5. Hold its own public hearing to consider the proposed amendment and, after the hearing:
(a) adopt, modify or reject the recommendation of the planning commission; (b) remand the
matter to the planning commission with instructions for further consideration or additional
public hearing; or (c) take such other action relating to the proposed amendment or addition
as the council deems appropriate.
EXHIBIT B
Ordinance 2022-08 - Exhibit B Page 78 of 80
B. Notice requirements for any public hearing before the city council or any additional public
hearing to be held before the planning commission at the request of the city council shall be the
same as those notice requirements set forth in EWMC 17.100.030 and 17.100.040 for the initial
planning commission public hearing. (Ord. 91-5 § 2, 1991)
17.100.060 Limitations.
No request for an amendment or addition to this title, including proposed changes to the official
zoning map of the city, shall be considered by the planning commission within the 12-month
period immediately following a previous denial of such request, except that the planning
commission may consent to a new hearing if, in the opinion of the planning commission, new
evidence or a change of circumstances warrants it. (Ord. 91-5 § 2, 1991)
17.100.065 Appeal.
A. Any decision of the city council approving or disapproving any amendment or addition to this
title, including proposed changes to the official zoning map of the city, shall be final. Any appeal
of a decision of the council must be filed in the Douglas County Superior Court and served on
the city within 10 days after the decision of the city council.
B. The cost of transcription of all records ordered certified by the court for such appeal shall be
borne by the appellant at the rate prescribed by the administrator of this title. Such costs shall
not exceed the amount necessary to reimburse the city for its expenses actually incurred. (Ord.
91-5 § 2, 1991)
17.100.070 Reclassification with site plan approval required.
Repealed by Ord. 01-03. (Ord. 91-5 § 2, 1991)
17.100.080 Site plan approval – Application.
Repealed by Ord. 01-03. (Ord. 91-5 § 2, 1991)
17.100.090 Site plan approval – Purpose.
Repealed by Ord. 01-03. (Ord. 91-5 § 2, 1991)
17.100.100 Site plan approval – Appeal.
Repealed by Ord. 01-03. (Ord. 91-5 § 2, 1991)
17.100.110 Site plan approval – Plan conformance required.
Repealed by Ord. 01-03. (Ord. 91-5 § 2, 1991)
17.100.120 Site plan approval – Plan content.
Repealed by Ord. 01-03. (Ord. 91-5 § 2, 1991)
17.100.130 Approval of application – Procedure.
Repealed by Ord. 01-03. (Ord. 91-5 § 2, 1991)
17.100.140 Denial of application – Effective when.
Repealed by Ord. 01-03. (Ord. 91-5 § 2, 1991)
17.100.150 Denial of application – Appeal.
Repealed by Ord. 01-03. (Ord. 91-5 § 2, 1991)
17.100.160 Resubmitting denied reclassification request.
Repealed by Ord. 01-03. (Ord. 91-5 § 2, 1991)
EXHIBIT B
Ordinance 2022-08 - Exhibit B Page 79 of 80
17.100.170 Appeal of city council decision.
Repealed by Ord. 01-03. (Ord. 91-5 § 2, 1991)
17.100.180 Variances not allowed.
Repealed by Ord. 01-03. (Ord. 91-5 § 2, 1991)
EXHIBIT B
Ordinance 2022-08 - Exhibit B Page 80 of 80
EXHIBIT C
18.12E.030 Designation.
All existing areas of the city of East Wenatchee classified as stated in EWMC 18.12E.020, as
determined by the review authority, are hereby designated as aquifer recharge areas. The
provisions of this chapter are specific to the following described areas:
A. Area A (Regional Wellfield)- Commencing at the intersection of the
Douglas County Boundary with a westerly extension of the north line of
Government Lot 8 in Section 35, Township 24 North, Range 20 East, W.M.,
said point being the TRUE POINT OF BEGINNING FOR THIS
DESCRIPTION. Thence easterly along said extended north line to the east
shoreline of the Columbia River. Thence continuing easterly along the north
line of said Government Lot 8 to the northwest corner of the Southeast
quarter of the Southeast quarter of said Section 35. Thence continuing
easterly along the north line of said Southeast quarter of the Southeast
quarter to the centerline of SR-97. Thence northeasterly along said centerline
to the east line of the Northwest quarter of the Southwest quarter of Section
36, Township 24 North, Range 20 East, W.M. Thence northerly along said
east line to the southeast corner of the Southwest quarter of the Northwest
quarter of said Section 36. Thence continuing northerly along the east line of
said Southwest quarter of the Northwest quarter to the southwest corner of
the Northeast quarter of the Northwest quarter of said Section 36. Thence
easterly along the south line of said Northeast quarter of the Northwest
quarter to the east line of the west half of said Northeast quarter of the
Northwest quarter. Thence northerly along said east line to the shoreline of
the Columbia River. Thence continuing northerly on a northerly extension of
said east line to an intersection with the Douglas County Boundary and the
END OF THIS DESCRIPTION.
B. Area B (19th Street Wellfield)- Commencing at the intersection of the
Douglas County Boundary with a westerly extension of the north line of
Government Lot 5 in Section 34, Township 23 North, Range 20 East,
W.M., said point being the TRUE POINT OF BEGINNING FOR THIS
DESCRIPTION. Thence easterly along said westerly extension to the
shoreline of the Columbia River. Thence continuing easterly along the
north line of said Government Lot 5 to the west quarter corner of
Section 35, Township 23 North, Range 20 East, W.M. Thence
southerly along the west line of said Section 35 to an intersection with
a westerly extension of the north line of Lot 41, East Wenatchee Land
Company's Plat of Part of Sections 34 and 35, Township 23 North,
Range 20 East, W.M. Thence easterly on said westerly extension to
the northwest corner of said Lot 41. Thence continuing easterly along
the north line of said Lot 41 to the northeast corner thereof. Thence
southerly along the easterly lines of Lots 41 and 56, said E.W.L.C. plat
to the southeast corner of said Lot 56. Thence easterly to the
centerline of NW. Bates Ave. Thence southerly along said centerline
and an extension thereof to the south line of said Section 35. Thence
southerly to the northeast corner of Lot 2, Cooper Short Plat No. 3, as
filed under Douglas County Auditor's File No. 257079. Thence westerly
Ordinance 2022-08 - EXHIBIT C Page 1 of 3
EXHIBIT C
along the north line of said Lot 2 and it's extension thereof to the
Douglas County Boundary and the END OF THIS Commencing at the
intersection of the Douglas County Boundary with a westerly extension of the
south line of Government Lot 9 in Section 34, Township 23 North, Range 20
East, W.M., said point being the TRUE POINT OF BEGINNING FOR THIS
DESCRIPTION. Thence easterly along said westerly extension to the
shoreline of the Columbia River. Thence continuing easterly along the south
line of said Government Lot 9 to the southeast corner of said Section 34.
Thence easterly along the south line of Section 35, Township 23 North,
Range 20 East, W.M. to an intersection with a southerly extension of the
easterly line of Lot 56, East Wenatchee Land Company’s (EWLC) Plat of
Sections 34 and 35, Township 23 North, Range 20 East, W.M. Thence
northerly along said southerly extension to the northeast corner of said Lot
56. Thence westerly along the north line of said Lot 56 to the northwest
corner of said Lot 56 and the southwest corner of Lot 41, said EWLC plat.
Thence northerly along the west line of said Lot 41 and Lot 40, said EWLC
plat to the northwest corner of said Lot 40. Thence westerly to the southeast
corner of Lot 32, said EWLC plat. Thence westerly along the south line of
said Lot 32 and Lot 31, said EWLC plat, to the southwest corner of said Lot
31. Thence westerly along a westerly extension of the south line of said Lot
31 to the shoreline of the Columbia River. Thence continuing westerly along
said westerly extension to the Douglas County Boundary. Thence
southeasterly along said Douglas County Boundary to the TRUE POINT OF
BEGINNING.
C. Area C (Kentucky Street Wellfield)- Commencing at the intersection of the
Douglas County Boundary with a southerly extension of the east line of Lot
364, East Wenatchee Land Company’s (EWLC) Plat of Section 19, Township
22 North, Range 21 East, W.M., said point being the TRUE POINT OF
BEGINNING FOR THIS DESCRIPTION. Thence northerly along said
southerly extension to the shoreline of the Columbia River. Thence continuing
northerly along the east line of said Lot 36 and the east line of Lots 29, 20, 13
and 4, said EWLC plat of Section 19, to the northeast corner of said Lot 4.
Thence northerly to the southeast corner of the Southwest quarter of the
Southwest quarter of the Southeast quarter of Section 18, Township 22
North, Range 21 East, W.M. Thence northerly along the east line of the West
half of the Southwest quarter of the Southeast quarter of said Section 18 to
the northeast corner of the Northwest quarter of the Southwest quarter of the
Southeast quarter of said Section 18. Thence westerly along the north line of
said Northwest quarter of the Southwest quarter of the Southeast quarter to
the northwest corner of said section subdivision. Thence westerly to the
northeast corner of Lot 1, Block 4, Plat of Eden Orchard Tracts. Thence
westerly along the north line of said Lot 1 to the northwest corner of said Lot
1. Thence northerly to the southeast corner of Lot 3, Block 1, said Plat of
Eden Orchard Tracts. Thence northerly along the east line of said Lot 3 to the
northeast corner of said Lot 3. Thence westerly along the north line of said
Lot 3 to the northwest corner of said Lot 3. Thence westerly to the northeast
corner of Lot 4, Block 2, said Plat of Eden Orchard Tracts. Thence westerly
along the north line of said Lot 4 and Lot 3, Block 2, said Plat of Eden
Orchard Tracts, to the northwest corner of said Lot 3. Thence southerly along
the west line of said Lot 3 to the southwest corner of said Lot 3. Thence
Ordinance 2022-08 - EXHIBIT C Page 2 of 3
EXHIBIT C
westerly to the northeast corner of Lot 49, East Wenatchee Land Company’s
(EWLC) Plat of Section 13, Township 22 North, Range 20 East, W.M. Thence
westerly along the north line of said Lot 49 and Lot 50, said EWLC plat of
Section 13, to the northwest corner of said Lot 50. Thence southerly along
the west line of said Lot 50 to the southwest corner of said Lot 50 and the
northeast corner of Lot 62, said EWLC plat of Section 13. Thence westerly
along the north line of said Lot 62 and the north line of Lot 61, said EWLC
plat of Section 13, to the northwest corner of said Lot 61. Thence southerly
along the west line of said Lot 61 to the southwest corner of said Lot 61.
Thence southerly to the northwest corner of the Northeast quarter of Section
24, Township 22 North, Range 20 East, W.M. Thence southerly along the
west line of said Northeast quarter to the shoreline of the Columbia River.
Thence continuing southerly along said west line to an intersection with the
Douglas County Boundary. Thence southeasterly along said Douglas County
Boundary to the TRUE POINT OF BEGINNING.
(Ord. 08-02 § 3, 2008)
Ordinance 2022-08 - EXHIBIT C Page 3 of 3
19.11 Definitions
19.11.010 Purpose and applicability
The purpose of this chapter is to provide a primary source for the definition of terms used in
Chapter 2.30 and Chapter 2.42, and Titles 12, 15, 16, 17, 18, and 19 of the East Wenatchee
Municipal Code. The definitions herein are applicable to those titles within the context of their
use. These definitions do not supersede or replace the definitions of other terms found in the
enumerated titles.
19.11.020 A
Abutting.
“Abutting” means having a common boundary except that parcels having no common boundary
other than a common corner shall not be considered abutting.
Access point.
“Access point” means that location on a public street where a driveway or private street
connects.
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.
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.
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.
Adjacent.
“Adjacent” means lying near, close to, or contiguous.
Adjoining.
“Adjoining” means lying near, close to, or contiguous.
Administrator.
“Administrator” means the East Wenatchee community development director or his/her
designated representative who is vested with the duty of administering subdivision and platting
regulations within the incorporated areas of East Wenatchee.
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.
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.
Adult entertainment.
“Adult entertainment” means:
Ordinance 2022-08 - EXHIBIT D Page 1 of 21
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.
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.
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.
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.
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.
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
Ordinance 2022-08 - EXHIBIT D Page 2 of 21
on matters depicting, describing, or simulating any specified sexual activities or any specified
anatomical areas; or
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.
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.
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.
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.
Alley.
“Alley” means a strip of land dedicated to public use providing vehicular and pedestrian access
to the rear side of properties which abut and are served by a public street.
Alter, alteration.
“Alter” or “alteration” means any structural changes or additions and any modification made for a
change in type of use.
Animal.
“Animal” means any living nonhuman mammal, bird, reptile, or amphibian.
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 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.
Ordinance 2022-08 - EXHIBIT D Page 3 of 21
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.
19.11.030 B
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.
Battery charging station.
“Battery charging station” means an electrical component assembly or cluster of component
assemblies designed specifically to charge batteries within electric vehicles, which meet or
exceed any standards, codes, and regulations set forth by Chapter 19.28 RCW, as amended,
and consistent with rules adopted under RCW 19.27.540, as amended.
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.
Block.
“Block” means a group of lots, tracts or parcels within well-defined and fixed boundaries.
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.
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.
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 be located to the highest point of the tower or
structure including any antenna(s).
Building Permit
“Building permit” means those permits issued pursuant to the following chapters of the EWMC
as now exist or as may hereafter be amended:
1. Chapter 15.04 Building Code
2. Chapter 15.08 Mechanical Code
3. Chapter 15.12 Plumbing Code
4. Chapter 15.16 Fire Code
5. Chapter 15.24 Sign Code
6. Chapter 15.28 State Energy Coe
7. Chapter 15.32 Movement of Buildings
8. Chapter 15.36 Mobile Homes
9. Chapter 15.44 Flood Hazard Areas
Ordinance 2022-08 - EXHIBIT D Page 4 of 21
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.
19.11.040 C
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.
Carport.
“Carport” means a covered shelter for an automobile open on two or more sides.
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.
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.
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.
City.
“City” means the city of East Wenatchee.
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.
Ordinance 2022-08 - EXHIBIT D Page 5 of 21
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.
Commission.
“Commission” means the East Wenatchee planning commission.
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.
Comprehensive plan.
“Comprehensive plan” means the current comprehensive plan as adopted by the council
pursuant to state law.
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.
Construction material, basic.
“Basic construction material” means all concrete products, lumber, steel, cement and generally
those materials used for structural support.
Council.
“Council” means the city council for the city of East Wenatchee.
County.
“County” means the county of Douglas, Washington.
Cul-de-sac.
“Cul-de-sac” means a street closed at one end by a circular area of sufficient size for turning
vehicles around.
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.
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.
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 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.
19.11.050 D
Ordinance 2022-08 - EXHIBIT D Page 6 of 21
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.
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.
Dedication.
“Dedication” means the deliberate appropriation of land by an owner for any general and public
uses, reserving to himself no other rights such as are compatible with the full exercise and
enjoyment of the public uses to which the property has been dedicated.
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.
Driveway.
“Driveway” means a private access way connected to a public street serving a single residential
or commercial unit.
Driveway, joint usage.
“Joint usage driveway” means a private access way connecting to a public street serving up to
three adjacent residential or commercial units at a single point.
Dwelling.
“Dwelling” means a building or portion thereof designed exclusively for residential occupancy,
but not including hotels, boardinghouses and lodging houses.
Dwelling, detached.
“Detached dwelling” means a dwelling unit surrounded on all sides by open spaces.
Dwelling, multifamily.
“Multifamily dwelling” means a building containing three or more dwelling units.
Dwelling, single-family.
“Single-family dwelling” means a building containing one dwelling unit on one lot, other than an
accessory dwelling. A single-family dwelling unit can be either attached or a detached unit,
provided each dwelling unit is located on a separate lot.
Dwelling, single-family small lot.
“Single-family small lot dwelling” means a single-family dwelling on a lot that is less than 5,000
square feet.
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.
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.
Dwelling, two-family or duplex.
“Two-family dwelling” or “duplex” means a building that 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.
Ordinance 2022-08 - EXHIBIT D Page 7 of 21
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.
19.11.060 E
Easement.
“Easement” means a grant by a property owner to specific persons or to the public to use land
for a specific purpose or purposes.
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 571.500; and
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.
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.
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.
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.
Ordinance 2022-08 - EXHIBIT D Page 8 of 21
Environmental health standards.
“Environmental health standards” means those standards for the provision of adequate water
and sewage treatment facilities in Douglas County and East Wenatchee which have been
adopted by the Chelan-Douglas Health District.
Exterior Boundaries
“Exterior boundaries” means all property located adjacent to the area of a proposed project
action subject to a project permit, and located adjacent to other property owned by the project
permit applicant, which property is located adjacent to the proposed project permit property
boundary.
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.
19.11.070 F
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.
Farm animal, large.
“Large farm animal” 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.
Farm animal, small.
“Small farm animal” means poultry, rabbit, or other similar size and type of animal. Dogs, cats
and other house pets are not considered farm animals.
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.
Final plat.
“Final plat” means the final drawing of the subdivision and dedication prepared for filing for
record with the county auditor and containing all elements and requirements set forth in Chapter
271, Laws of 1969, First. Ex. Session, and in this title adopted pursuant thereto.
Frontage.
“Frontage” means the property line which abuts the principal means of access to the property.
19.11.080 G
Garage, commercial.
“Commercial garage” means a building or portion thereof designed and used for the storage or
servicing of motor vehicles as a business.
Garage, private.
“Private garage” means a building or portion of a building in which motor vehicles are stored or
kept as an accessory use.
Ordinance 2022-08 - EXHIBIT D Page 9 of 21
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 multioccupancy buildings (i.e.,
not subject to relocation by the requirements of a specific lease) for common access and exiting
to tenant spaces.
Group housing.
“Group housing” means housing intended for residential occupancy of college students
including dormitories, fraternity and sorority houses and eleemosynary sponsored living units.
19.11.090 H
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.
Hazardous waste.
All dangerous and extremely dangerous wastes as defined by WAC 173-303-070 through 173-
303-103.
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.
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.
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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.
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.
19.11.100 I
Reserved
19.11.110 J
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.
19.11.120 K
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, board,
propagation, training, sporting purposes, or cared for as pets or for any other purpose.
19.11.130 L
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.
Local Government
“Local Government” means the City of East Wenatchee.
Lodging house.
“Lodging house” means a building with not more than five guest rooms where lodging is
provided for compensation.
Lot.
“Lot” means a fractional part of subdivided lands having fixed boundaries being of sufficient area
and dimensions to meet minimum zoning requirements for width and area. The term shall
include tracts or parcels.
Lot, 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
Ordinance 2022-08 - EXHIBIT D Page 11 of 21
points of the side lot lines to the foremost point of the lot meet at an interior angle of less than
135 degrees.
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.
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.
Lot line, side.
“Side lot line” means any lot line that is not a front or rear lot line.
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.
Lot, substandard.
“Substandard lot” means a lot that was lawfully established and met the lot area and lot width
requirements of this 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.
Lot, through.
“Through lot” means a lot having frontage on two parallel or private roads that do not intersect at
the lot line.
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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.
Lot, zoned.
“Zoned lot” means lot of record.
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.
19.11.140 M
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.
Miniature goat.
“Miniature goat” means those types of goats commonly known as pygmy, dwarf and miniature
goats.
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
Ordinance 2022-08 - EXHIBIT D Page 13 of 21
wheels removed. Such a unit includes the connection to electric power, water supply and
sewage disposal facilities.
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.
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 indicating such
compliance. This definition includes “prefabricated,” “panelized” and “factory built” units.
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.
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 included are structures whose
primary use is that of public assembly.
19.11.150 N
Reserved
19.11.160 O
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.
Official plans.
“Official plans” means those official maps, development plans or portions thereof adopted by the
city council. The comprehensive plan, however, is not included in this definition of “official
plans.”
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.
Open Record Hearing
“Open Record Hearing” means a hearing conducted by a single hearing body or officer
including, but not limited to, the hearing examiner or planning commission, authorized by the
city council to conduct such hearings, that creates the city’s record through testimony and
submission of evidence and information, under procedures prescribed under EWMC 19.04. An
open record hearing may be held prior to the city’s decision on a project permit or on an appeal
if no open record hearing has been held on the project permit.
19.11.170 P
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Parking space, parking stall.
“Parking space” or “parking stall” means an area accessible to vehicles and used exclusively or
principally for vehicle storage.
Parties of Record
“Parties of Record” means:
1. The applicant;
2. The property owner (if different from the applicant);
3. Any person who testified at the open record public hearing on the application; and
4. Any person who submitted written comments concerning the application (excluding
persons who have only signed petitions or mechanically produced form letters.
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.
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.
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.
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.
Pet boarding.
“Pet boarding” means the keeping of otherwise healthy animals not requiring medical or surgical
treatment for one or more nights.
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.
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.
Plat.
“Plat” means a map or representation of a subdivision, showing thereon the division of a tract or
parcel of land into lots, blocks, streets and alleys or other divisions and dedications.
Potbelly pig, miniature.
“Miniature potbelly pig” 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.
Poultry.
“Poultry” means chickens, ducks, geese, or similar types of domesticated birds kept for eggs or
meat.
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Preliminary plat.
“Preliminary plat” means a neat and approximate drawing of a proposed subdivision showing
the general layout of streets and alleys, lots, blocks and restrictive covenants to be applicable to
the subdivision, and other elements of a plat or subdivision which shall furnish a basis for
approval or disapproval of the general layout of a subdivision.
Primary or principal use.
“Primary or principal use” means the predominant use of the land or building to which all other
uses are secondary.
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.
Project Permit
“Project permit” means any land use or environmental permit or license require from the city for
a project action including, but not limited to, building permits, boundary line adjustments, sign
permits, binding site plans, critical areas permits, home occupation permits, subdivisions,
conditional use permits, planned unit developments, variances, shoreline permits (exemptions,
substantial development, conditional use, variance). Comprehensive plan amendments,
rezones and development regulations amendments are not considered project permits.
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.
Public Meeting
“Public meeting” means a meeting, hearing or workshop, or other public gathering for one or
more of the following purposes: to obtain comments from the public or other agencies on a
permit or proposal; to discuss aspects of a permit or proposal; or to receive a recommendation
on a permit or proposal from a hearing body and take action on that recommendation. A public
meeting does not constitute an open record public hearing and therefore does not add to or
create the record for a project permit or appeal.
Public services.
“Public services” include fire protection and suppression, law enforcement, public health,
education, recreation, environmental protection, and other governmental services.
19.11.180 Q
Reserved
19.11.190 R
Reserve easement.
“Reserve easement” means a strip of land between a subdivision boundary and a street within
an approved subdivision, the control of which strip is deeded to the city.
Reverse frontage lots.
“Reverse frontage lots” means lots which have two opposite sides abutting two parallel or
approximately parallel streets.
Ordinance 2022-08 - EXHIBIT D Page 16 of 21
Roadway.
“Roadway” means that surface or portion of a street or alley right-of-way that is improved for
vehicular traffic only.
19.11.200 S
Secondary use.
“Secondary use” means a use within the structure which is subordinate to its principal use.
Setback distance.
“Setback distance” means the minimum 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.
Setback line.
“Setback line” means a line parallel to the property line and located at the minimum setback
distance from the property line.
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.
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.
Short plat.
“Short plat” means the map or representation of a short subdivision.
Short subdivision.
“Short subdivision” means the division or redivision of land into nine or fewer lots, tracts,
parcels, sites or divisions for the purpose of sale, lease or transfer of ownership.
Ordinance 2022-08 - EXHIBIT D Page 17 of 21
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.
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
B. Less than completely and opaquely covered human genitals, pubic region, anus, buttocks, or
female breast below the top of the areola.
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.
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.
Street.
“Street” means an improved and maintained right-of-way which provides vehicular circulation or
principal means of access to abutting properties and which may also include provisions for
public utilities, pedestrian walkways, public open space and recreation areas, cut and fill slopes
and drainage.
Street, private.
“Private street” means a street intended for the use of one or more private individuals and
developed and maintained by those private individuals who benefit from its establishment.
Street, public.
“Public street” means a street established and adopted by the proper authorities for the use of
the general public and over which every person has a right to pass and use for all purposes of
travel or transportation to which it is adapted and developed.
Structure.
“Structure” means 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.
Ordinance 2022-08 - EXHIBIT D Page 18 of 21
Subdivider.
“Subdivider” means a person, firm, corporation, partnership or association which causes land to
be divided or resubdivided into a subdivision, short subdivision or binding site plan.
Subdivision.
“Subdivision” means the division or redivision of land into 10 or more lots, tracts, parcels, sites
or divisions for the purpose of sale, lease or transfer of ownership.
Substandard street.
“Substandard street” means a street having less than the standard right-of-way for the class of
street as required by EWMC Title 12, as the same exists now or may hereafter be amended.
19.11.210 T
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.
Terrace.
“Terrace” means an improved area adjacent to a structure being open and uncovered.
19.11.220 U
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.
19.11.230 V
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.
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.
19.11.240 W
Reserved
19.11.250 X
Reserved
19.11.260 Y
Ordinance 2022-08 - EXHIBIT D Page 19 of 21
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 front yard setback line measured horizontally and perpendicular from the
front lot line.
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 rear yard setback line.
Yard, side.
“Side yard” means an open area that extends from the front yard setback line to the rear yard
setback line.
19.11.270 Z
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.
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