Chapter 10.48 GENERAL DEVELOPMENT REGULATIONS

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

10.48.020 Access.

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

(1) Every lot shall be provided with and maintain satisfactory access by a public or private street or access easement. The city determines whether access will be by right-of-way, vehicular easement or tract on a case-by-case basis consistent with the provisions of city code and the comprehensive plan. Lots of record which have no recognized public or private street frontage shall demonstrate legal access prior to the issuance of any development permits for said lot. Provisions for new lots served by private lanes or shared driveways are set forth in WCC 11.20.020 except as modified by this title as applicable.

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

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

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

(3) Driveway widths at the curb cut shall be 24 to 30 feet for non-single-family residential development and a maximum of 14 to 24 feet for residential development unless otherwise noted for specific housing types in Chapter 10.47 WCC.

(4) On a corner lot, access shall be from the lower classified street as depicted in the circulation map of the Wenatchee urban area comprehensive plan. (Ord. 2019-35 § 7; Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.48.030 Accessory structures.

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

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

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

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

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

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

(6) A membrane structure that does not exceed 200 square feet for the purpose of storage or parking accessory to single-family residences and duplexes does not have to adhere to setbacks.

(7) All other accessory structures shall adhere to setbacks applicable to accessory structures.

(8) Detached accessory dwelling units shall meet rear and side accessory structure setback requirements and shall be set back equal to or further than the primary dwelling from the front property line. (Ord. 2022-33 § 3 (Exh. A); Ord. 2019-35 § 7; Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.48.040 Pedestrian connections.

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

Pedestrian access to primary building entrances from adjacent public streets shall be provided. An internal sidewalk or pathway system, at least five feet in width, that enhances pedestrian access within and through the site shall be provided, including from designated parking areas to primary building entrances. Single-family dwellings and duplexes are excluded from this requirement unless otherwise required in Chapter 10.47 WCC. (Ord. 2020-35 § 3 (Exh. A); Ord. 2019-35 § 7; Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A). Formerly 10.48.090)

10.48.050 Bed and breakfasts.

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

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

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

(3) Appropriate health department approval shall be documented. (Ord. 2019-35 § 7; Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A). Formerly 10.48.100)

10.48.060 Farm animals.

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

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

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

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

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

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

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

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

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

(9) Beekeeping.

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

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

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

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

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

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

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

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

(j) Hive, Apiary Management Requirements.

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

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

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

(iv) Property owners are required to self-register with the city of Wenatchee community and economic development department prior to hives being located on a site. Self-registration shall include a signed acknowledgement on a form provided by the city of Wenatchee that the beekeeper will comply with the provisions of this section. (Ord. 2019-35 § 7; Ord. 2015-36 § 1 (Exh. C); Ord. 2011-18 § 7; Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A). Formerly 10.48.110)

10.48.070 Bus amenities.

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

Bus passenger amenities may be located along the front, side and rear property lines and shall be at least one bus length plus five feet away from any point of egress or ingress. In no case shall such amenities project or extend into right-of-way areas unless accompanied by a revocable permit issued in accordance with the WCC. (Ord. 2019-35 § 7; Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A). Formerly 10.48.120)

10.48.080 Family day care.

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

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

(2) One unlighted sign shall be permitted, not exceeding 12 square feet in copy area, meeting the height standards for residential fences when placed in the street setback. See WCC 10.48.130;

(3) The facility shall be maintained consistent with the surrounding neighborhood;

(4) Provide documentation of licensure by the Department of Children, Youth, and Families. (Ord. 2022-33 § 3 (Exh. A); Ord. 2019-35 § 7; Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A). Formerly 10.48.130)

10.48.090 Mailing-address-only home occupation.

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

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

(a) Authors, composers, and writers;

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

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

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

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

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

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

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

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

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

(7) No equipment or employees shall be dispatched from the home. (Ord. 2019-35 § 7; Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A). Formerly 10.48.140)

10.48.100 Home occupation.

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

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

(a) Delivery services, local;

(b) Equipment rental services, commercial;

(d) Kennels;

(e) Service and repair, nonmotorized;

(f) Service and repair, motorized;

(g) Welding and fabrication;

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

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

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

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

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

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

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

(9) Parking.

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

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

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

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

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

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

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

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

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

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

(c) Such vehicle shall not exceed a weight capacity of one ton. (Ord. 2019-35 § 7; Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A). Formerly 10.48.145)

10.48.110 Slope protection.

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

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

(2) Retaining Walls. The use, design, and construction of all retaining walls that are subject to a building permit shall meet these standards unless otherwise authorized under subsection (4) or (5) of this section.

(a) A single retaining wall’s exposed face may be as tall as seven feet provided it meets the criteria below:

(i) Any wall with an exposed face that is between five feet one inch and seven feet tall shall be separated by at least a horizontal distance equal to one and one-half times its height from the nearest retaining wall. For any combination of two walls located in proximity of each other the taller of the two walls shall determine the horizontal setback.

(ii) Slope between applicable retaining walls shall not exceed one vertical to four horizontal.

Figure 10.48.110(2)(a)-1

Figure 10.48.110(2)(a)-2

(b) Exposed wall faces on a terraced section shall not exceed a maximum height of five feet. Terrace widths shall be a minimum of three feet face to face and a minimum of two feet from the back of the lower wall structure to the face of the upper wall structure to allow for the introduction of vegetation for erosion control. Measurements from the back of a wall structure do not include the base. The maximum slope gradient allowed between retaining structures shall be a one-foot vertical to four-foot horizontal (1V:4H) slope.

Figure 10.48.110(2)(b)

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

(4) Administrative Determination. Applicants may submit a request, to be processed in concert with a development application or independently as a Type I administrative review under WCC 13.09.030, for consideration of a deviation of subsection (2) of this section. The applicant must demonstrate that the proposed cuts/fills and subsequent retaining walls that exceed the specified dimensions in subsection (2) of this section meet the standards specified in this subsection.

(a) Screening and Aesthetic Enhancement. Proposed retaining walls exceeding the dimensions specified in subsection (2) of this section shall be visually obscured from adjoining properties and may also be aesthetically enhanced through such measures or site conditions as:

(i) Screened by current or future building location or design;

(ii) Screened by landscaping. This option must be used in combination with another measure listed in this subsection. The standards for perimeter landscape screening in Chapter 10.62 WCC that apply in the applicable zoning district shall be used as a guide. A higher density/frequency of shrubs or trees may be necessary to achieve the applicable screening requirement described below in this subsection;

(iii) Screened by fencing and/or site amenities. The use of fencing shall be limited to that which has a clear purpose beyond its application here such as a perimeter fence and shall comply with WCC 10.48.130;

(iv) Screened by site topography;

(v) Aesthetically enhanced using materials and patterns that create visual interest. Methods may include:

(A) Stacked natural split or cut stone. Gabion walls do not count as aesthetically enhanced.

The above listed features shall provide a minimum of 80 percent sight obstruction or 60 percent for any portion of the wall that is aesthetically enhanced. Such measures should be in place at the time a use commences or an occupancy for a structure is issued, or in the case of landscaping, reach maturity within four years of installation.

(b) Retaining walls permitted under this subsection shall not exceed any of the following unless an exception is granted pursuant to subsection (5) of this section:

(i) Fourteen feet of exposed wall height at any point unless located in a public right-of-way and part of a public works project.

(c) It shall be the responsibility of the applicant to submit materials which demonstrate compliance with these provisions. The applicant shall submit:

(i) A scaled site plan which depicts:

(A) Property boundaries.

(B) Location of all existing and proposed structures including retaining wall(s).

(C) All proposed screening measures such as landscaping, fencing, structure placement, etc. If landscaping is proposed as a screening measure the site plan, or a separate landscape plan, shall use WCC 10.62.040 and 10.62.060 as a guide.

(D) Any site features which can be depicted on the site plan that further demonstrate mitigating conditions such as topography or other natural features if applicable;

(ii) Side profile and elevation views for walls reviewed under this subsection that graphically depict the visual obstruction and/or aesthetic enhancement of the walls including existing or proposed measures, features, conditions, or materials;

(iii) Photos on site showing the proposed location of the wall including pictures taken from the vantage point of a person standing at various places along property boundaries and the edge of the public right-of-way. This should include the places where the proposed retaining wall is most likely to be visible;

(iv) A narrative which describes the following:

(A) How the various mitigating conditions and features work together to adequately meet or exceed the sight obstruction standard described in this subsection.

(B) How the use of retaining walls exceeding seven feet in height have been minimized and the screening, and aesthetic enhancement if applicable, of said walls maximized.

The director at his or her discretion may waive components of these submittal materials, where the materials are deemed to be unnecessary, or an unreasonable hardship, in making a written determination with findings.

(5) Exceptions to subsections (2) and (4) of this section may be granted pursuant to the following standards:

(a) The community development director, in consultation with the public works director as appropriate, may waive or reduce the wall separation distance, may increase the maximum allowed slope gradient between retaining structures up to one vertical to three horizontal, and may increase the allowed maximum height of a retaining structure in subsection (4)(b) of this section if the applicant demonstrates the reduced separation distance and/or increased gradient and/or wall height is necessary to:

(i) Reduce potential adverse impacts to any critical area(s) or associated buffer(s) when requested by a qualified professional as defined by Chapter 12.08 WCC; or

(ii) Permit the installation of transportation or utility improvements.

(6) Retaining walls requiring a building permit that are proposed to be located within an established underground utility easement which appears on the face of a recorded plat or survey or is otherwise known to the director, shall provide to the city written permission from the easement holder to install a retaining wall within the easement. (Ord. 2021-38 § 3 (Exh. A); Ord. 2019-35 § 7; Ord. 2013-41 § 1 (Exh. B); Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A). Formerly 10.48.150)

10.48.120 Vehicle parking.

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

Not more than a total of five cars, trucks, recreational vehicles, and trailers (per dwelling unit) may be parked outside of a single-family dwelling or duplex on any lot in a residential zone. Said vehicles shall be parked to the rear of the street setback line, except when stored in designated driveways. Driveways shall include a paved or graveled area accessible by curb cut, or on lots where no curb or curb cut or paving/gravel is installed, the driveway shall be considered a designated area equivalent to two parking spaces. (Ord. 2019-35 § 7; Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A). Formerly 10.48.160)

10.48.130 Fences and clear view triangle.

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

(1) Residential and mixed-use zoning district fences may be placed on or behind the property line and shall not exceed the following standards:

(a) Street and street side setback areas: four feet in height for a solid fence, or six feet in height when the fence material is less than 50 percent view-obstructing, such as chain-link, lattice, spaced picket, or rail fences.

(b) Fences outside of required street and street side setbacks area may be solid and shall not exceed six feet in height.

(c) Fences located at the top of a retaining wall may utilize the full height permitted under this subsection based on their placement on the lot.

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

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

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

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

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

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

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

(g) Developments featuring residential uses on the ground level along street frontages are subject to the fence standards for residential and mixed use zones in subsection (1) of this section.

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

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

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

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

(a) All fences and landscape plantings which fail to meet the height limits established by this section for the clear view triangles shall come into compliance with the above standards within one year of annexation. (Ord. 2021-38 § 3 (Exh. A); Ord. 2020-35 § 3 (Exh. A); Ord. 2019-35 § 7; Ord. 2018-12 § 1 (Exh. B); Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A). Formerly 10.48.180)

10.48.140 Swimming pools.

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

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

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

(3) All required fences shall meet the fence standards listed in WCC 10.48.130. (Ord. 2019-35 § 7; Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A). Formerly 10.48.190)

10.48.150 Travel trailers/motor, mobile and manufactured homes.

Travel trailers, motor homes, mobile homes, and manufactured homes are prohibited as places of habitation when located outside of approved

mobile/manufactured home parks having specific authorization for such use, unless developed legally as an existing nonconforming use. (Ord. 2019-35 § 7; Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A). Formerly 10.48.200)

10.48.160 Adult entertainment businesses.

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

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

(2) The structure containing an adult entertainment business shall be at least 500 feet from the nearest property line of any land in a residential zone; or any public, private, or parochial school, park, playground, or church that is in existence at the time the department of community development receives a complete application. (Ord. 2019-35 § 7; Ord. 2015-36 § 1 (Exh. B); Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A). Formerly 10.48.210)

10.48.170 Adult oriented retail.

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

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

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

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

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

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

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

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

(8) Where it is necessary to make an inspection to enforce the provisions of this section or where there is reasonable cause to believe that there exists in the premises a violation of this section, the director of the department of community development or his/her appointee is authorized to enter the premises during normal business hours. If entry is refused, the director shall have recourse to the remedies provided by law to secure entry. (Ord. 2019-35 § 7; Ord. 2015-36 § 1 (Exh. B). Formerly 10.48.215)

10.48.180 Outdoor mobile vendors.

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

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

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

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

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

(2) Required Approvals.

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

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

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

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

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

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

(3) Development Standards.

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

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

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

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

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

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

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

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

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

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

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

(i) Proposed and existing structures;

(ii) Proposed and existing land uses;

(iii) Garbage and trash receptacles;

(iv) Proposed and existing storage areas;

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

(vi) Ingress and egress locations;

(vii) “Use” area;

(viii) Proposed and existing landscaping;

(ix) Proposed and existing off-street parking.

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

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

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

(o) All outdoor mobile vendors shall provide a minimum of two off-street parking spaces plus sufficient stacking for six vehicles for stands with drive-through a component. (Ord. 2019-35 § 7; Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A). Formerly 10.48.220)

10.48.190 Wireless communication facilities.

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

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

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

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

(c) In residential zones, all transmission equipment shall be concealed within existing architectural features to the maximum extent feasible. Any new architectural features proposed to conceal the transmission equipment shall be designed to mimic the existing underlying structure, shall be proportional to the existing underlying structure or conform to the underlying use and shall use materials in similar quality, finish, color and texture as the existing underlying structure.

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

(e) In all other zones, antenna arrays and supporting transmission equipment shall be installed so as to camouflage, disguise or conceal them to make them closely compatible with and blend into the setting and/or host structure.

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

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

(4) Small Cell Wireless Facilities and Networks.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(x) Other Published Materials. All other information and/or materials that the city may, from time to time, make publicly available and designate as part of the application requirements. (Ord. 2019-35 § 7; Ord. 2017-31 § 1 (Exh. B); Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A). Formerly 10.48.230)

10.48.200 Refuse storage.

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

(1) Shall be located inside a dumpster.

(2) Shall not be located in any required street setback area.

(3) Shall be located behind buildings when feasible.

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

(5) Shall be placed inside a 100 percent sight-obscuring containment area (excluding alleys), when visible from a public street, finished with materials similar to the exterior material of the primary structure. (Ord. 2019-35 § 7; Ord. 2010-03 § 1 (Exh. A). Formerly 10.48.240)

10.48.210 Historic building floating zone.

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

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

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

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

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

(3) Upon certification by the historic preservation board for compliance with the Secretary of the Interior’s Standards for Historic Preservation the community development director may waive or modify exterior standards including but not necessarily limited to open space, architectural design, landscaping, exterior building materials, and sidewalks as required by zoning and development standards. No waivers on modifications, under this section, shall be permitted for requirements related to compliance with building code life safety regulations or ADA requirements. (Ord. 2019-35 § 7; Ord. 2011-25 § 5; Ord. 2010-03 § 1 (Exh. A); Ord. 2009-17 § 3. Formerly 10.48.250)

10.48.220 Outdoor displays.

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

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

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

(3) Outdoor display areas associated with the sale, rental, lease, or storage of large items, such as cars, trucks, motor homes, rental machinery, or similar items, shall be developed with a durable dustless surface of asphalt, concrete, grass-crete, or chip seal. (Ord. 2019-35 § 7; Ord. 2010-03 § 1 (Exh. A). Formerly 10.48.260)

10.48.230 Electric vehicle infrastructure.

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

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

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

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

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

(5) Battery exchange stations shall store all batteries in an enclosed building. No outdoor storage is permitted. All batteries that are beyond their useful life shall be recycled or disposed of in accordance with requirements established by the State Department of Ecology, State Department of Transportation, and the Environmental Protection Agency. (Ord. 2019-35 § 7; Ord. 2011-24 § 7. Formerly 10.48.270)

10.48.240 Child day care center – Accessory use.

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

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

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

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

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

(6) Accessory child care centers shall be reviewed as a Type II administrative review application under WCC 13.09.040. (Ord. 2019-35 § 7; Ord. 2013-41 § 1 (Exh. B). Formerly 10.48.280)

10.48.250 Medical cannabis.

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

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

(2) Individual Medical Marijuana Growing. Qualifying patients or designated providers may grow up to the amounts authorized in RCW 69.51A.210; provided, no more than 15 plants may be grown or located inside any one housing unit, even if multiple qualifying patients or designated providers reside in the same housing unit. Outdoor growing shall be prohibited in all zoning districts. (Ord. 2019-35 § 7; Ord. 2016-36 § 1. Formerly 10.48.290)

10.48.260 Artisanal industrial/manufacturing.

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

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

(2) The proposed use shall be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the surrounding properties and not cause the dissemination of dust, smoke, glare, heat, vibration or noise in excess of the maximum environmental noise level established by WCC Title 6A or Chapter 173-60 WAC beyond the property line or affecting adjacent buildings. (Ord. 2019-35 § 7; Ord. 2018-12 § 1 (Exh. B). Formerly 10.48.300)

10.48.270 Architectural design standards for nonresidential buildings

The following standards apply to nonresidential structures when another section of code, such as the zoning district/overlay or conditional use permit criteria, requires that the structure meet the standards in this section. Proposed nonresidential structures located in WMU or CBD, for which this section is cited as being required based on the nature of the use, shall be designed to comply with the architectural or design standards applicable to structures in those zoning districts and any applicable overlays.

Proposed nonresidential structures for which this section applies shall be designed to comply with the standards listed below. The intent is to reduce the scale of structures and to incorporate architectural design features to increase visual interest. Articulation and modulation shall be for the full height and width of a building, except as otherwise allowed within this title.

(1) Building Articulation. New building facades visible from public and/or private streets and adjacent properties shall be articulated with windows, balconies, bay windows, or other architectural elements. The building articulation interval shall not exceed 50 feet.

Figure 10.48.270
Building articulation demonstration.

(2) Horizontal Building Modulation.

(a) The maximum facade width (as measured horizontally along the building exterior) without building modulation shall be as follows:

(i) A building facade set back 60 or more feet from an adjacent property line shall be designed so the width of modulation interval shall match approximately the width captured within a 45-degree field of vision which can be calculated with the following formula: 0.8 x (Setback from property line) = maximum facade width without building modulation. The center of the 45-degree field of vision shall be perpendicular to the property line at the point along the property line closest to the structure. If the proposed structure is not parallel to the adjacent property line, the mean distance between the closest and farthest point along the applicable facade shall be used in determining the distance from the property line for the purposes of this standard.

(ii) A building facade set back between 15 and 60 feet from an adjacent property line, the design should feature the following:

(A) Building facade modulation at 50-foot intervals or less.

(B) Landscaping featuring trees greater than 30 feet at maturity, understory shrubs, and lawn or ground cover.

(iii) Buildings within 15 feet of a public right-of-way shall include facade modulation at intervals no more than 30 feet and should feature at least two of the following:

(A) Highly decorative landscaping.

(B) Transparent windows along 80 percent of the first floor of the frontage.

(D) Pedestrian weather protection.

(E) Decorative materials or special craftsmanship.

(iv) Buildings within 15 feet of a side or rear property line should feature facade articulation or modulation at intervals no more than 30 feet.

(b) When building modulation is utilized the minimum width of modulation shall be eight feet and the minimum depth shall be 10 feet. Roof decks or balconies may be used as all or part of the building modulation so long as each individual roof deck or balcony has an area of at least 50 square feet.

(3) Building Design – Roof Forms. Modulate the roof line of all facades visible from a public right-of-way, parking area or park according to one or more of the following:

(a) Roof line modulation of flat roofs with horizontal eave, fascia, or parapet. The width of continuous flat roof line shall extend no more than 50 feet without modulation. Modulation shall consist of either:

(i) A change in elevation of the visible roof line of at least eight feet if the particular roof segment is less than 50 feet wide and at least 12 feet if the particular roof segment is greater than 50 feet in length.

(ii) A sloped or gabled roof line segment of at least 20 feet in width and no less than three feet vertical in 12 feet horizontal.

(iii) A combination of the two options described above.

(b) Coordinate modulation of roof lines on multi-tenant buildings to emphasize key building entries and/or change in building tenants or uses.

(4) Alternatives. Subject to approval by the director, the applicant may depart from the above standards; provided, that they demonstrate that the proposed design meets the intent of the standards. (Ord. 2019-35 § 7)

10.48.310 Cryptocurrency mining and data centers.

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

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

(2) The use of cargo containers, railroad cars, semi-truck trailers and other similar storage containers for any component of the operation is strictly prohibited.

(3) Prior to approving the business license, the applicant shall provide written verification from the Chelan County Public Utility District (PUD) stating the following:

(a) Adequate capacity is available on the applicable supply lines and substation to ensure that the capacity available to serve the other needs of the planning area is consistent with the normal projected load growth envisioned by the PUD.

(b) Utility supply equipment and related electrical infrastructure are sufficiently sized and can safely accommodate the proposed use.

(4) Prior to any cryptocurrency mining, 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 shall be provided to the city and the PUD.

(5) Data centers and cryptocurrency mining operations shall not occupy the grade level commercial street frontage to a depth of 50 feet, except within the industrial zoning district.

(6) New structures proposed for use as data centers or for cryptocurrency mining shall meet the blank wall limitation standards found in WCC 10.24.050(9), for all zones except within the industrial and the industrial overlay zoning districts.

(7) 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 WCC Title 6A 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 16.12 WCC and any other applicable penalties.

(8) The project proponent shall provide to the city within 30 days of commencing operations an affidavit that includes the following information:

(a) Name and qualifications of the person who measured the decibel levels.

(b) Equipment used.

(c) 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.

(d) Decibel levels measured at each property line.

(e) A description of the operating conditions of the applicable equipment when the measurements were taken.

(f) Time and duration of measurements.

(g) 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 they made the measurements.

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 WCC Title 6A. (Ord. 2019-30 § 1 (Exh. B))

10.48.320 Residential shared general storage.

Residential developments with more than 20 housing units may designate an area for the common storage of personal property and recreational vehicles and shall meet the following standards:

(1) The use of the storage area shall exclusively be available to residents, managers, and owners of the development.

(2) The property owner shall file a restrictive covenant with the Chelan County auditor’s office for the subject property prior to final building inspection approval, if applicable, or otherwise using an outdoor area for storage. The recorded information shall include provisions ensuring the use of the facility continues to comply with subsection (1) of this section and for the ongoing maintenance of the shared facility including landscaping.

(3) The storage area shall be located outside of required street setback areas and shall be located behind or to the side of the residential structure(s).

(4) The storage area shall be either:

(a) Entirely within an enclosed building; or

(b) One hundred percent screened from view of the surrounding properties with a sight-obscuring fence and landscaping per Chapter 10.62 WCC. Landscape buffer shall be at least 10 feet wide.

(5) Storage structures not attached to dwelling units shall be exempt from residential accessory structure standards and setback reductions and shall meet the following standards:

(a) Any structure(s), or portions of structures, used for storage shall comply with Section E.6 of the Residential Design Guidelines even if that section does not apply to the residential development type the storage area is associated with.

(b) Floor area shall not exceed 5,000 square feet per structure.

(6) Total storage area may not exceed an average of 250 square feet per dwelling unit, not including any necessary circulation, drive aisles, or hallways. (Ord. 2020-35 § 3 (Exh. A))

10.48.330 Homeless housing.

The city recognizes that homelessness is an emergent problem within the city and that there need to be places where persons experiencing homelessness can go for temporary emergency shelter managed with low barrier shelter practices. These regulations are intended to protect public health and safety by requiring safe operations of the shelters for both the shelter guests and the broader community. Temporary shelters include temporary emergency low barrier shelter units and safe parking areas.

(1) The city of Wenatchee shall enact requirements providing that certain conduct within public rights-of-way including sitting, lying, pedestrian interference, and distribution of goods, products or supplies within 1,000 lineal feet of the boundaries of the subject properties be restricted to prevent the establishment of a nuisance.

(2) The city of Wenatchee shall hold a neighborhood meeting or open house within 90 days of site operations commencing to provide information on the facility, gather comments, and provide a means to coordinate any future concerns.

(3) Sites shall be maintained to address health and sanitation requirements consistent with local and state standards.

(4) The site contractor shall submit for approval policies on coordination with surrounding property owners as a means to communicate and where applicable respond to concerns over time.

(5) A site and operational plan must be submitted that addresses site management, site maintenance and provision of human and social services.

(6) Low barrier shelter management practices shall be implemented on site.

(7) Sites shall be monitored on a quarterly basis to review conformance with the city of Wenatchee grant contract and code requirements.

(8) Fencing adequate to limit access to the site for the safety and security of individuals staying at the shelters shall be installed as provided in this subsection. Fences may not exceed six feet in height, may be constructed out of solid materials or materials such as chain-link fencing which may include privacy slats or other similar materials, and may be located anywhere at or behind the property line or within public right-of-way where authorized by the city. Where this subsection conflicts with WCC 10.48.130(2) or (3), this subsection shall govern. (Ord. 2023-09 § 3 (Exh. A))