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HomeMy WebLinkAboutOrdinance 2026-02, adopting zoning regluations responding to legislative amendmentsCity of East Wenatchee, Washington Ordinance No. 2026-02 An Ordinance of the City of East Wenatchee amending EWMC Title 15 Buildings and Construction, Title 17 Zoning, and Section 19.11 Definitions to implement SSHB 1183, SSB 6015, ESHB 1042, HB 1757, ESSB 5509, and ESHB 1998, containing a severability clause, and establishing an effective date. Una ordenanza de la ciudad de East Wenatchee que niodifi.ca el Titulo 15 de Edificios y Construccion, el Titulo 17 de Zonificacion y la Seccion 19.11 de Definiciones del Codigo Municipal de East Wenatchee (EWMC) para implementar las leyes SSHB 1183, SSB 6015, ESHB 1042, HB 1757, ESSB 5509 y ESHB 1998, que contiene una clausula de divisibilidad y establece una fecha de entrada en vigor. 1. Alternate format. -?.-?. Para leer este documento en otro formato alternativo (espanol, Braille, leer en voz alta, etc.), comuniquese con la administradora municipal al alternatformat@eastwenatcheewa.eov, 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. ^.7. The City of East Wenatchee ("City") is a non-charter code city, duly incorporated and operating under the laws of the State of Washington. 2.2.0a December 17, 2025, the East Wenatchee Planning Commission held an open-record public hearing and deliberated the merits of the proposal. No public comment was received at the hearing. 2.3-The planning commission voted, 5-0, to recommend that the City Council approve ZTA 2025-02. 3. Authority. ROW 35A.11.020 and ROW 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. Piirpose. The purpose of this ordinance is to amend Title 15 Buildings and Construction, Title 17 Zoning, and Chapter 19.11 Dej&nitions to implement the following state legislative actions: SSHB 1183 - building codes and development regulations, SSB 6015 - Minimum parking requirements residential development, ESHB 1042 - Use of existing buildings for residential purposes, HB 1757 - modifying existing buildings for residential use, ESSB 5509 - Childcare centers and ESHB 1998 Co-living housing. City of East Wenatchee Ordinance 2026-02 and Exhibit A Page i of 6 Additionally, there are proposed amendments to the single-family construction standards in EWMC 15.36 and 15.38. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: 5. Amendments. The City Council amends EWMC Title 15 Buildings and Construction, Title 17 Zoning, and 19.11 Definitions as set forth in Exhibit A. 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. ft ^.FINDINGS OF FACT 6.1.1. The proposal under consideration is to amend Title 15 Buildings and Construction, Title 17 Zoning, and Chapter 19.11 Definitions to implement SSHB 1183, SSB 6015, ESHB 1042, HB 1757, ESSB 5509 and ESHB 1998. Additionally, there are proposed amendments to the single-family construction standards in EWMC 15.36 and 15.38. 6.1.2. The proposal will be applicable to properties within the city of East Wenatchee. 6.1.3. The City of East Wenatchee and Douglas County have adopted the Greater East Wenatchee Area Comprehensive Plan pursuant to the Growth M:anagement Act (GMA) and ROW 36.70A which covers the City and Douglas County unincorporated areas within the East Wenatchee Urban Growth Area. 6.1.4. ROW Chapters 36.70 and 36.70A authorize the adoption of amendments to city's development regulations. 6.1.5. The Washington State Legislature passed the following bills requiring that the city amend portions of the East Wenatchee Municipal Code: 2023_ Legislative Session Engrossed Substitute House Bill 1042 2024 Legislative Session Engrossed Substitute House Bill 1998 Substitute Senate Bill 6015 2025 Legislative Session Second Substitute House Bill 1183 House Bill 1757 Engrossed Substitute Senate Bill 5509 6.1.6. The proposed amendments were reviewed by the city council at a public workshop on August 21, 2025, and by the planning commission at a public workshop on August 27,2025. City of East Wenatchee Ordinance 2026-02 and Exhibit A Page 2 of 6 6.1.7. The City of East Wenatchee initiated a 60-day comment period as required by ROW 36.70A.106. The Notice of Intent to Adopt was submitted to Commerce on September 26, 2025. The comment period ended on November 24, 2025. 6.1.8. Notice of the Intent to Adopt and comment period was published on the city website. 6.1.9. No public comment was received during the comment period. 6.1.10. Comment was received during the comment period from the following state agencies: 6.1.10.1 WA Department of Commerce 6.1.11. A threshold determination and environniental review pursuant to RCW 43.21C the State Environmental Policy Act was completed, and a Determination of Non-significance (DNS) was issued on September 24, 2025. The comment period ended on November 24, 2025. 6.1.12. The planning commission is responsible for long-range planning matters and providing implementation recommendations to assure compliance with the GMA. 6.1.13. Notice of the planning commission's public hearing was posted on the City's website and distributed through the City's social media. 6.1.14. Advertisement of the planning commission's public hearing was published in the Wenatchee World on December 6, 2025. 6.1.15. The East Wenatchee Planning Commission held a duly advertised open-record public hearing on December 17, 2025. 6.1.16. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated by this reference. &^. CONCLUSIONS 6.2.1 The proposal is consistent with and implements the 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 ROW 36.70A.106 and Title 19 EWMC were met, and the community and state agencies were given the opportunity to comment on the proposal during the public comment period and at 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 WAG 197-11 is that an City of East Wenatchee Ordinance 2026-02 and Exhibit A Page 3 of 6 environmental impact statement is not required to be prepared for this project. 6.2.5 The proposed amendments have been processed in a manner consistent with the requirements of the Revised Code of Washington and the Washington Administrative Code. 6.2.6 The planning commission has reviewed the entire record including the requirements of the Growth Management Act, the goals and policies of the comprehensive plan and public testimony as it relates to the proposed amendments to the city's development regulations. 6.2.7 Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated by this reference. 7. SeverabUity. If a court of competent jurisdiction declares any provision in this Ordinance to be contrary to law, such declaration shall not affect the validity of the other provisions of this Ordinance. 8. Publication. The City Council directs the City Clerk to publish a summary of this Ordinance. The summary shall consist of the title of this Ordinance. The City Council directs the City Clerk to publish a copy of this Ordinance on the City's website. 9. Submittal of Notice of Adoption. In accordance with ROW 36.70A. 106, this Ordinance shall be transmitted by the Community Development Director to the Washington State Department of Commerce within 10 days of adoption. 10. Effective Date. This Ordinance becomes effective five days after publication. City of East Wenatchee Ordinance 2026-02 and Exhibit A Page 4 of 6 Passed by the City Council of East Wenatchee, at a regular meeting thereof on this 6th day of January, 2026 The City of East Wenatchee, Washington Jen ile.id'dv.fordlJ.i ii 26, ;02G 13:00:5? PST' Jerrilea Crawford, Mayor Authenticated: -y^TT- Anna Laura Leon, City Clerk Approved as to form only:^^ Robert R. Siderius, City Attorney Filed with the City Clerk: 12-26-2025 Passed by the City Council: 01-06-2026Published: 01-10-2026Effective Date: 01-15-2026 City of East Wenatchee Ordinance 2026-02 and Exhibit A Page 5 of 6 Summary of City of East Wenatchee, Washington Ordinance No. 2026-02 On the 6th day of January 2026, the City Council of the City of East Wenatchee, Washington approved Ordinance No. 2026-02, the main point of which may be summarized by its title as follows: An Ordinance of the City of East Wenatchee amending EWMC Title 15 Buildings and Construction, Title 17 Zoning, and Section 19.11 Definitions to implement SSHB 1183, SSB 6015, ESHB 1042, HB 1757, ESSB 5509, and ESHB 1998, containing a severability clause, and establishing an effective date. The full text of this Ordinance will be mailed upon request. Dated this 6th day of January 2026. f^w^^^ — Anna Laura Leon, City Clerk City of East Wenatchee Ordinance 2026-02 and Exhibit A Page 6 of 6 Chapter 15.28 State Enemy Code Adopted 15.28.015 Residential conversion of existing structures A. Any portion of an existing buildina that is not proposed to be changed to new dwellin.q units shall not be required to meet the current energy code. B, For that portion of an existinQ building to be converted to new dwelling units, each of those new units must meet the requirements of the current enerov code, except if: 1. The square footage of new dwelling units does not exceed 2,500 square feet or 50 percent of the totaLbuildinfl sQuare footage, whichever js greater; 2. The building owner submits documentation, in a form acceptable to the buildina official, showing the building's residential units' project energv usage intensity is less than or equal to the energy use intensity target in accordancewith th^clean buildinas performance standard in RCW 19.27A.210: or 3. In all areas zoned for residential housing, an additional housing unit is created within an existing home. Chapter 15.36 MOBILE HOMES Sections: 15.36.010 15.36.020 15.36.025 Purpose Adoption of Standards Additional installation standards 15.36.030 Enforcement of inspection authority 15.36.040 Permit, inspection, fees 15.36.050 Inspection responsibility 15.36.060 Violation - Penalty 15.36.010 Purpose The city assumes full responsibility for the enforcement of installation standards for mobile homes within the city limits. The city, prior to the effective date of the ordinance codified in this chapter, has not specifically enforced standards relative to mobile home installations. The city further recognizes that the Department of Labor and Industries has set forth requirements and standards for mobile home installation which shall govern the enforcement provisions of this chapter. 15.36.020 Adoption of Standards The city adopts by reference hereto the standards ofWAC 296-150L.150B 200,296 150B 205 (Sections 1 through 2), 296 150B 210, and 295 150B 225 through 296 150B 15.36.025 Additional installation standards A. Foundation. When outside of an approved manufactured home park a permanent, perimeter masonry or concrete foundation shall be requirel. B. Floor level. When outside of an approved manufactured home park, the first finished floor level shall be 15 inches or less above the top of the perimeter foundation wall. Manufactured homes may be recessed (pit set) to achieve this. 15.36.030 Enforcement and inspection authority The enforcement responsibility and inspection responsibility shall be handled by the city building officialinspector. All permits for installation and inspection shall be first obtained from the building officialinspector. Any disagreements or appeals from the decision of the building officialinspector shall be made in accordance with Chapter 19.07 EWMCbrought before the board of adjustment for the city, which shall have final authority in the interpretation and granting of variances from these standards. The city building officialinspector shall at all times be a person who meets the necessary qualification to administer and enforce installation standards set forth by WAC 296- 150B-220(5). 15.36.040 Permit, inspection fees Upon the applicant making request for mobile home installation and inspection permit, said applicant shall pay a fee per the Building Permit and Plan Review Fee Schedule, as amended,in the amount $75.00 to cover the cost of said permit and its requisite inspection, as required by this chapter. Prior to the installation of any mobile home within the city limits of the city, the permit shall first be obtained from the building officialinspector. 15.36.050 Inspection responsibility The city shall assume responsibility for installation inspections as of October 1, 1982. 15.36.060 Violation - Penalty Violation of any section of this chapter, or any portion of any code adopted by reference in this chapter, shall be and is declared to be a misdemeanor. Punishment for said offence shall be a fine not to exceed $250.00. Each separate day in which the mobile home owner, installer or contractor is in violation of this chapter shall be deemed a separate offense and shall be punished as such. Chapter 15.38 SINGLE FAMILY DWELLING MINIMUM CONSTRUCTION STANDARDS 15.38.010 —Pwpo&e 15.38.020 —Exemption 15.38.030 —Minimum development standards 15.38.040 —Violation —Penalty 15.38.010Purpo80 The purpose of this chapter is to provide the minimum standards for development of single-family dwellings on residential lots within the city. The provisions of this chapter shall apply to traditional "site-builf homes, manufactured homes, and modular homes placed on residential lots in the city. 15.38.020 Exemption The provisions of this chapter shall not apply to the placement of manufactured home in an approved mobile home park. 15.38.030 Minimum development standards All single family dwellings constructed in the city shall comply with the following minimum development standards: A. Width. The minimum width of a single-family dwelling, as assembled on site, shall not be less than 20 feet, as measured across the narrowest portion, provided in the R-L Residential District, the minimum width as measured across the narrowest point shall bo 24 foot. B. Length. The minimum length of a single family dwelling, as assembled on the site, shall not be less than 36 feet. C. Siding Materials. Siding materials shall be wood, masonite, masonry, stucco, vinyl, or other exterior siding similar in appearance to siding materials commonly used on conventional site-built single family homes. The exterior siding materials shall extend to the top of the foundation or skirting. D. Foundation. A permanent, perimeter masonry or a concrete foundation shall be required for all residential dwellings in the R-L Residential District. Manufactured homes located within residential districts other than the R L Residential District, shall have a perimeter foundation or skirting that is similar in appearance to the foundations ofsite-built housing. Manufactured homes shall be placed on concrete runners extending for the length of the required blocking and 18 inches beyond the end pier. The runners shall be no less than six inches in thickness and a minimum of two feet in width. The runners will bo reinforced with #4 rebar that are placed longitudinally and spaced no more than 12 inches apart. Tie downs are required as per manufacturers recommendation or as recommended by the building official. E. Floor level. The first finished floor level of a residence shall be 15 inches or less above the top of the perimeter foundation wall. Manufactured homes may be recessed (pit set) to achieve this. F. Accessory Attached or Detached Storage. Within all residential districts, at least one accessory carport, storage or garage building shall be constructed in conjunction with the residential dwelling and shall contain a minimum of 300 square feet of floor area. If an accessory carport is constructed to meet this requirement, a minimum of 80 square feet of storage area shall be provided to the rear of the structure. 17.24.020 Permitted Uses The following uses shall be permitted uses in the R-L district: A. Single-family dwellings including modular and manufactured housing constructed in accordance with the design requirements set forth in chapter 15.38 EWMC, but not to exceed one dwelling on any one lot unless otherwise permitted by this title; B. Temporary construction offices within the tract or subdivision on which buildings are being erected, and only for the duration of active construction; C. Residential planned unit developments approved pursuant to Chapter 17.68 EWMC and the applicable sections of the Greater East Wenatchee Urban Area Design Standards and Guidelines which are adopted by this reference as if fully set forth herein; D. Adult family homes licensed by the Washington State Department of Social and Health Services and meeting the definition in EWMC 19.11.020; E. Bus passenger amenities meeting the requirements of EWMC 17.72.185; F. Agricultural uses of a horticultural nature such a vegetable gardens, fruit and nut trees, grape vines, and other horticultural stock; G. Duplex dwellings; provided, the property is immediately adjacent to a commercial zoning district (i.e. shares a common lot line or is directly across a public street from) and has sufficient land area to provide 8,000 square feet of land area per duplex structure in addition to the land area required for any other dwellings existing on the same property. H. Duplexes on Corners. This provision allows new duplexes in locations here their appearance and impact will be compatible with the surrounding houses. Duplexes on corner lots can be designed so each unit is oriented towards a different street. This gives the structure the overall appearance of a house when viewed from either street. 1. Development Standards. Both units of the duplex or attached houses must meet the following standards to ensure that the two units have compatible elements. Adjustments to this section are prohibited. The standards are: a. Minimum Lot Size. The minimum lot size for duplexes on a corner lot is 8,000 square feet in area. b. Entrances. Each of the units must have its address and main entrance oriented towards a separate street frontage. Deviation from this standard may be permitted is on of the streets is an arterial and the driveway would adversely impact circulation on that street. Where an existing house is being converted to two units, one main entrance with internal access to both units is allowed. c. Exterior finish materials. The exterior finish material must be the same, or visually match in type, size and placement. d. Roof Pitch. The predominant roof pitch must be the same for both units. e. Eaves. Roof eaves must project the same distance from the building wall. f. Trim. Trim must be the same in type, size and location. g. Windows. Windows must match in proportion and orientation. h. Overall design. The overall design of the duplex must be consistent in bulk and character with the homes in the neighborhood. I. Triplex dwellings, provided they meet applicable minimum lot size standards in EWMC 17.24.050(A) and the following locational requirements: 1. The triplex is on a lot that is immediately adjacent to a commercial zoning district (i.e., shares a common lot line or is directly across a public street from). 2. The triplex is on a corner lot. J. Child Day Care Center. 17.24.040 Conditional uses The following uses shall be conditional uses in the R-L district under conditions set forth in Chapter 17.64 EWMC: A. Public schools and private schools; B. Public parks and playgrounds; C. Churches D. Municipal buildings; E. Public facilities and utilities; F. Neighborhood centers G. Child day care centers —Group 1 facilities only as defined in EWMC 19.11.040; HrG. Bed and breakfast facilities 17.28.040 Permitted uses The following uses shall be permitted uses in the R-M District. A. Any permitted us allowed in the R-L district with the exception of agricultural uses. Location and proximity requirements of the R-L district do not apply to the R-M district; B. Single-family small lot dwellings; C. Duplex, triplex, townhome, and multi-family dwellings; D. Assisted living facilities; E_Residential planned unit developments approved pursuant to Chapter 17.68 EWMC; €-F. Co-living housinci 17.28.040 Conditional uses The following uses shall be conditional uses in the R-M district under conditions set forth in Chapter 17.64 EWMC: A. Churches; B. Hospitals; C. Child day care centers —Group 1 facilities only as defined in EWMC 19.11.0/IO; o-c_ &D^ F.E. G.L N-G.w. .Municipal buildings; Public facilities and utilities .Bed and breakfasts or boarding houses; .Neighborhood centers; .Public schools and private schools; .Public parks and playgrounds; Jri_Manufactured home parks. 17.28.050 Dimensional Standards G. Minimum setback distances: except as provided in EWMC 17.72.040(B), (C), (D), (F), and (H). 1. Front yard: 1 5 feet, provided any garage or carport with vehicle entrances facing a street shall be set back 20 feet from the front line. Unenclosed porches and covered entries may project up to six feet into the front yard setback; 2. Rear yard: 15 feet; 3.Side yard: five feet plus one half foot for each foot by which the building height exceeds 35 feet. To comply with the increased setback requirement for building over 35 feet, the building may be designed with the first floor at five feet and the upper floors stepped ack to meet the increased setback requirement. a. The side yard upper-level setback requiremeni shall not apply to the following types of residential projects: Affordable housinci; ii. New construction meeting passive housej-equirementsi iii. The retrofit of existing buildings meetino passive house requirements; iv. The conversion of existing buildings to housing or mixed-use development that includes housing; v. Modular construction; vi. Mass timber construction. Buildings on corner lots shall observe the minimum front yard setback on both streets and shall provide at least one rear yard setback. 17.32.020 Permitted uses The following uses shall be permitted uses in the R-H district; A. Any permitted uses allowed in the R-L district with the exception of agricultural uses. Location or proximity requirements of the R-L district do not apply to the R-H district; B. Single-family small lot dwellings; C_Duplex, triplex, townhome, and multi-family dwellings; GrD. Co-livina housina; &-E. Assisted living facilities; €rF. Boardinqhouses, lodging houses and housekeeping rooms; F^G. General or professional offices, provided, all of the following criteria are satisfied: 1. The term "general or professional offices" for this section includes a building or separately defined space (which may include more than one building) occupied by doctors, dentists, accountants, bookkeepers, insurance agents, realtors, attorneys, optometrists, architects, professional engineers and surveyors, or any group or combination with a professional or personal service business, excluding commercial laundries, funeral services or other services where the sue of hazardous chemicals, equipment, or process which creates noise, vibration, glare, smoke, dust, fumes, odors, heat, or electrical. Interference, with any radio or television receivers. In case of a dispute the administrator shall determine whether or not the proposed use is a professional or personal service business. 2. The use of an office does not include retail sales or manufacture of goods unless incidental and subordinate to the primary use of the property for the professional or service business, provided such operation or use does not exceed 30 percent of the floor area of the primary structure, or 3,000 square feet, whichever is less. 3. The lot has frontage on an arterial or collector street as shown on the comprehensive plan and uses such frontage as its primary access; 4. Off-street parking is provided in compliance with the provisions of EWMC 17.72.010, as the same exists now or may hereafter be amended; 5. Screening shall be provided on any property line abutting a residential land use consisting of a continuous fence supplemented with landscape planting or a continuous wall, evergreen hedge or combination thereof which effectively screens the area which it encloses. All required screening shall be constructed to the maximum heights allowable for fences; 6. Business hours are limited to between 7:00 a.m. and 10:00 p.m. daily; GrH. Mobile/manufactured home parks meeting the standards of EWMC 17.64.130, B.c. including all future amendments. 17.32.040 Conditional uses The following uses shall be conditional uses in the R-H district under conditions set forth in Chapter 17.64: A. Public schools and private schools; Churches; Clinics (not otherwise qualifying under EWMC 17.32.020(D), hospitals and sanitariums; D. Child day care centers (Groups 1 and 2); ErD. Public facilities and utilities; RE. Bed and breakfast facilities; G-F. Neighborhood centers; HrG. Public parks and playgrounds; 4H. Off-street parking facilities as a primary use may be permitted in the R-H District on zoning lots physically contiguous to any commercial district. Such parking uses shall be screened along any property line that abuts or faces a lot zoned for residential purposes pursuant to the requirements for Type I screening in EWMC 17.72.080. Any parking lot created under this section shall directly serve the permitted uses in the contiguous commercial districts. Parking thus provided may be credited toward the required off-street parking requirements for such permitted commercial uses. tJ-L-Broadcast relay tower communication facility subject to the provisions of Chapter 17.70 EWMC, as the same now exists or may hereafter be amended. 17.32.050 Dimensional Standards G. Minimum setback distances: except as provided in EWMC 17.72.040(8), (C), (D), (F), and (H): 1. Front yard: 10 feet from the front property line. Any garage or carport with entrances facing a street shall be setback at least 20 feet; 2. Rear yard: 15 feet; 3. Side yard: Five feet plus one-half foot by which the building height exceeds 35 feet. To comply with the increased setback requirement for buildings over 35 feet, the building may be designed with the first floor at five and upper floors stepped back to meet the increased setback requirement. a. The side yard upper-level setback requirement shall not apply to the following types of residential projects; Affordable housina; ii. New construction meeting passive house requirements; iii. The retrofit of existing buildings meeting passive house requirements; iv. The conversion ofexistino buildings to housinQ or mixed-use development that includes housinq; v. Modular construction; vi. Mass timber construction 17.34 Commercial Zoning District Land Use Matrix 72 I Accommodation & Food Services G-C I MU I WMU ICBD|NEWL Residential (Single-Family Dwelling) Residential (Townhome)P8 p p P8 P7 Residential (Duplex) Residential (Triplex)A A Residential (Multifamily Dwelling)A/C | P p A/C | P7 Residential (Existing)P4 p p P4 p Residential (Co-Livinq Housing)A/C p p A/C P7 17.38.030 Permitted uses The following uses are permitted in the NC district. A. Retail food and services, pet stores, barber shops, exercise and recreational facilities, art/craft studios, gift shops, fuel/gasoline sales, and/or other similar uses; B. Restaurants and cafes; C. Clinics, advertising services, personal and professional offices and service establishments; D. Cleaning and self service laundries; E. Family day care homeln-home day care, child_day care centers and preschools; F. Public community facilities including libraries, community centers and other similar noncommercial uses; G. Household electrical and appliance repair shops not exceeding 1 ,000 square feet in size and H. Single-family, two-family and multifamily dwellings as part of a master plan for the district, not to exceed 50 percent of the allowable lot coverage and floor area within the district. 17.43.020 Permitted uses Hereafter all buildings, structures or parcels of land shall only be used for the following, unless otherwise provided for in this title: A. Arcades for games; B. Art, music and photography studios; C. Automobile parking facilities; D. Automobile sales and leasing, new and/or used, including light pickup trucks and vans but not including recreational vehicles or heavy trucks, provided the following requirements are met: 1. The business shall be located on an arterial; 2. No repairing, painting or body work shall be conducted outside of a building and no parts storage or inoperable vehicles may be stored outside of a building; 3. If abutting a residential zone, a Type 1 screening shall be required meeting the requirements of EWMC 17.72.080(A) along all property lines abutting a residential zoning district; 4. A minimum of a 25-foot setback shall be required of any building abutting any residential zone; 5. Other landscaping or architectural improvements may be required to ensure compatibility with present and potential C-L uses in the vicinity; and 6. Vehicle storage may not occupy more than 60 percent of the site that is not covered by structures; E. Automobile service stations, provided they are located at the intersection of two streets, one of which must be an arterial; F. Bakery and pastry shops; products made must be sold at retail on premises; G. Banking and related financial institutions, including drive-in facilities; H. Bowling alleys; I. Brew pubs; J. Child day care centersfacilities, including Group 1 and 2 child day care centers and family day care homes; K. Civic, social and fraternal clubs; L. Dance studio; 17.72.010 Off-street parking 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 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. 3. Off-street parking, shall not be reouired for the following types of residential projects: a. Affordable housing; b. New construction or the retrofit of existing building meeting passive house requirements; c. Modular construction; 1. Mass ti mbe r co n stry ctip n. J, Residential Parking: 1. Parking spaces that count towards minimum parkinq requirements may be enclosed pr unenclosed. 2. Tandem parkina spaces count towards minimum parking requirements at a rate of one space for every 20 linear feet. 3. Parking spaces that consist of grass block pavers may count toward minimum parking requirements. 17.72.040 Structures generally A. No accessory building shall be used as a place of habitation, unless expressly permitted otherwise by this title and city building, life and safety codes. B. Accessory structures may be built within a rear yard; provided, that the maximum lot coverage is not exceeded and that no structure or combination of structures cover more than 50 percent of the land area within the rear yard. A five-foot setback from all property lines is required except as provided below. C. No accessory structure shall occupy any part of a required front yard area. D. Accessory structure may observe a zero setback where a rear or side property line is adjacent to an alley. In all other circumstances, accessory buildings shall observe a five-foot setback in rear or side yard areas. No roof eave or any other part of the structure may project or overhand across any property line and said structure shall be constructed with a roof that directs stormwater runoff away from any neighboring properties. E. All gasoline station pump islands shall be set back at least 15 feet from all property lines. F. If a lot in a residential district not facing on a substandard street or half-street is adjoined on both sides by lots on which structures are set back less than the required front yard setback, a new structure on the hereto fore vacant center lot may set back a distance equal to the average setback of the two adjoining properties but in no case shall the garage setback be less than 20 feet. All lots used for this average setback provision must be located within the same zoning district. G. Adjustments to dimensional standards. 1. Retrofits of existing buildings for use as residentiaLhoysinfl, a. The portion of exterior wall assemblies that includes insulation may project up to an additional eight (8) inches into the setback on all sides; b. The building mav exceed the maximum allowable roof height up to an additional eiaht (8) inches to accommodate additional insylatj^n. c_Gross floor area must be measured from the interior face of the exterior walls, which includes drv wall, as tvpicallv depicted on the architectural floor plans; d. For existing nonconforming buildinas already projecting jnto setbacks, the eortiorLoLexterior wall assemblies that include insulation may project up to an additional eight (8) inches into the setbacks on all sides if the building is to be used for residential housing. 2. New construction or retrofit of existing buildings to meet passive home requirements. a. Any required setback shall be measured to the outside face of the foundation, and the portion of exterior wall assemblies that include insulation may project up to eight (8) inches into setbacks on all sides; b. The building may exceed_the maximym allowable roof hejah^y^tQ^n additional eight (8) inches to accommodate additional insulation. c. Gross floor area must be measured from the interior face of the exterior walls, which includes drywall, as typically depicted on the architectural floor plans. 3. The maximum allowab Ie roof height may be exceeded by up to 48 inches to accommodate a roof-mounted solar enemy panel. H. Boundary streets or Substandard Streets. For structures constructed on boundary streets where only one-half of the street has been dedicated or streets with substandard right-of-way based on the street classification, the front yard setback distance shall include the required front yard setback for the specific zoning district plus the required distance from the required right-of-way centerline. For example: A structure in the R-L district on a local access street where the required right-of-way distance from centerline is 25 feet, the setback would be 15 feet for the primary dwelling and 20 feet for the garage plus 25 feet for a total of 40 feet for the primary dwelling and 45 feet for the garage. I. Cornices, eaves, gutters, sunshades and other similar architectural features may project not more than two feet into required yard areas. Chimneys, staircases and steps are considered a part of a structure or a building and are not permitted to project into a required yard area. Except that steps or staircases with a total height of less than 42 inches may project into the required front yard area. No projection of any kind is permitted to project into any easement (public or private). Terraces at grade level covering not over 10 percent of the ground area may be allowed within required yard areas. J. Reduction of Front Yard Setback Requirements in Consideration of Slope. To ensure safe ingress/egress to the property, the process provided below is subject to the approval of the city engineer: 1. Front yard requirements may be reduced under the following conditions: a. The front yard may be reduced by five feet, when the natural slope of the front 50 feet of the lot equals or exceeds one foot of fall/rise in seven feet of distance from the property line (i.e. slope of 14 percent or greater). b. The front yard may be reduced by 10 feet, when the natural slope of the front 50 feet of the lot equals or exceeds one foot of fall/rise in four feet of distance from the front property line (i.e. slope of 25 percent or greater). 2. To avoid backing of vehicles directly onto the street, all driveways and entrances to garages and carports shall be parallel or nearly parallel to the street or configured in such a manner that provides a turnaround area or sufficient unobscured parking area to allow vehicles to be completely outside the structure before entering the street. 3. The natural grade of the slope shall be maintained as much as possible. 4. The impact on sight distance along the adjoining street shall be considered when reviewing and approving the use of this setback reduction process. Chapter 17.80 Residential Conversion of Existing Structures 17.80.010 Residential Conversion of Existing Structures This section is applicable to properties located in the Neiqhborhood Commercial, Central Bysiness, General Commercial, Light Commercial, Waterfront Mixed Use, and Mixed-Use Districts. A. The allowable housing unit density may be up to 50% greater than what is allowed in the underlying district if constructed entirely within anexistin.qbyMingenveloDe. B. The permit level of review shall be the same as the level applicable to residential development in the underlyinq zone. Emeroencv housing and transitional housing may have a different permit level of review. C. No additional parking spaces shall be reauired beyond the existina spaces. D. Exterior design or architectural features are not mandatory unless they are necessary for health and safety of the residential use of the interior of the buildinfl, E. Housing units may be authorized in any specific part of the buildina unless ground floor commercial is required by the underlying zonino or a zoning overlay. F. A building permit cannot be denied due to a nonconformity reaardina parking, heioht, setbacks, elevator size for gurney transport, or modulation unless the administrator makes written findings that the nonconformity is causing significant detriment to the surrounding area. G. Neither a transportation concurrency study under RCW 36.70A.070 nor an environmental study under RCW43.21C can be required based on the addition of residential units within the existing building. 17.72.XXX Co-Living±joysiriflA. 4. Co-Living housing shall meet the following standards: 1 ^^Q-Livjng housing is authorized on lots that are large enough to accommodate six dwellings per the underlyinc) zone. 2. A minimum of two sleeping units and one common area is required in a co-livina housing structure. 3. Sleeping units must meet building code requirements and can be a maximum of 300 square feet. Sleeping units in co-livina housing shall be calculated as a quarter of the dwellinq unit when determininq consistency with the density requirements for the underlvina zone. A minimum of 10 square feet of common area is required. For every additional 100 square feet of sleeping space, an additional lO^guarejeeLisj^ayLred towards the common area. This common area must provide a kitchen area, and may extend to additional functions such as shared bathrooms, lounae/social rooms, fitness rooms, libraries, workshops, closets, utility rooms, and/or laundry facilities. 5. 7. Sleeping units require permanent sleeping arraidnments and can provide livina/eating and either sanitation or kitchenette facilities, but not both. Amemties that are not provided in the sleepinq unit must be accessed in a common area, 8. A sleeping unit in co-livina housina shall be calculated as one quarter of a dwelling unit when calculatina dwellina density for the zonina district. 9. The minimum parking requirement shall be one parking space for every fouj: sleeping units. IQ.Co-living housing may also be incorporated as part of a traditional multi-family building. 19.11 Definitions 19.11.040cDefinition8 "Child day care facility" means a facility licensed in 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 range of one month of age through 12 years of age, for periods of 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 persons under whose direct care and supervision the child is placed, for the care of 12 or fewer children, including the children who reside at the home. "Co-livinci, habitable space" means space in a buildinq for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces. Habitable spaces other than kitchens must not be less than seven feet in any plan dimension. "Co-livina, housino" means a residential development with sleeping units that are independently rented and lockable and provide a living and sleeping space, and residents share kitchen facilities with other sleepino units in the building. They are also known as congregate living facilities, single room occupancy, and residential suites, "Co-livina, sleeping unit" means a single unit that provides rooms or spaces for one or more persons, includes permanent provisions for sleeping and can include provisions for livina, eatina and either sanitation or kitchen facilities but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units. 19.11.050DDefinition5 "Density, co-livina" means the permitted number of co-livina sleepinci units that mav be developed on a specific amount of land area. 19.11.070FDefinition8 "Facade Modulation" means a change to the buildino plane, either a recess or a projection, that charLges the shape of the exterior massing of the buildina. 19.11.120 K Definitions "Kitchen" means a room or part of a room which is usedjntencled,or desianedto be used for preparing food. The kitchen included, or utility hookups for facilities, sufficient to prepare, cook, and store food, and wash dishes, including, at a minimum, coyntertpps, a kitchen-stvle sink, space and utilities sufficient for a gas or 220/240v electric stove and oven, and a refrigerator. "Kitchen, shared" means a kitchen that is used, intended, or designed to be used by residents of multiple dwelling or sleeping units for preparing food simultaneously. "Kitchenette" means a room or part of a room which is used, intended, or designed to be used for basic food preparation, with a sink and at least one 120v electrical outlet. 19.11.140M Definitions "Mass timber construction" means a building with structural components primarily made olmass time products as defined in RCW^9^27,570, "Modular construction" means a multistory residential or commercial building constructed of standardized components produced off-site, which are transported and assembled at the final location. 19.11.170PDefinition8 "Parking - tandem" means parking for two or more vehicles, one in front of or behind the others with a s i ngle means of ingress or egress. "Passive house requirements" mean building standards focused on extreme enemy efficiency, usino passive buildina strateoies to reduce heatina and coolino needs. This is achieved throuah a combination of insulation, air sealino, high-performance windows, and ventilation with heat recovery. These requirements meet the criteria for certificatiQn as a passive housing by PHIUS or the International Passive House Institute. 19.11.220uDefinition8 "Upper-level setback" means a required distance between the lot line and the building facade applied onlvMportions of the buildinc] above a specified height.