Personal. Includes animals raised, bred, trained, or kept for personal use and enjoyment. Personal animal use is accessory to a primary residential land use. Personal animal use also includes animals raised for a variety of small-scale agricultural purposes, including labor, meat, eggs, milk, fur, leather, wool, and similar products for the owner's consumption or sale (see "agricultural sales" as permitted in Chapter 18.70 EMC and defined in Chapter 18.20 EMC). Personal animals are permitted to be kept in all zones on property that is owned by the animal's owner, and such animals may be domestic or livestock subject to the standards of this section.

Commercial. Includes animals raised, bred, boarded, fattened, trained, or kept for commercial service, sale, slaughter, or byproduct production for monetary gain or trade. Commercial animal uses are permitted as provided in Chapter 18.70 EMC, Permitted Land Uses, subject to state and federal regulations, and are not subject to the standards of this section.

Industrial. Includes animals processed for byproduct production or other similar means for industrial production. Industrial animal uses are permitted as provided in Chapter 18.70 EMC, Permitted Land Uses, subject to state and federal regulations, and are not subject to the standards of this section.

Pet Care Services. Includes "pet care services, all other" and "veterinary services" as permitted in Chapter 18.70 EMC and defined in Chapter 18.20 EMC.

Animal, domestic;

Animal, livestock;

Animal, exotic;

Animal, wildlife.

Domestic Animals.

Livestock Animals.

Exotic Animals. Exotic animals are prohibited and subject to compliance with EMC Title 6, Animal Control, and state and federal law.

Wildlife Animals. Wildlife animals are regulated under state and federal law and EMC Titles 6 and 14, as applicable. Possession of any wild animal in violation of these regulations is prohibited.

Washington State daycare licensure and all applicable state and local licensure and land use permits shall be obtained prior to operation and shall be maintained.

The facility shall comply with all building, fire safety, health code, and business licensing requirements.

A safe passenger loading area shall be provided and certified by the department of early learning licensor

Signage, if any, shall conform to the requirements of Chapter 18.97 EMC, Sign Code.

Parking shall conform to the requirements of EMC § 18.90.130, Parking.

No structural or decorative alteration shall be made to the dwelling, which will alter the residential character of an existing or proposed residential structure, or which is incompatible with surrounding residences.

In addition to the general requirements above, child daycare services, home-based (624410, part) are subject to the following requirements:

In addition to the requirements above, child daycare services, all other (624410, part) are subject to the following requirements:

Child daycare services, home-based (624410, part), which are subject to EMC § 18.100.040.

Accommodation (Sector 721) – bed-and-breakfast inns (721191).

Garage sales, yard sales, bake sales, temporary home bazaars for hand-crafted items or parties for the display of clothing, gifts and household products, and other similar uses shall not be subject to regulation pursuant to this section; provided, that:

For the profit sale of produce or other food products is limited to the temporary seasonal sale of produce grown on the premises.

Hobbies which do not result in payment to those engaged in such activity.

No home business or business use on residential property that a person owns, occupies or is in lawful control of, contrary to the provisions of this section.

The following on-site activities are prohibited as home businesses:

The following standards apply to all home business activities within the city of Edgewood:

Be operated by a resident of the property on which the business is located.

Employ no more than one full- or part-time person, other than residents of the dwelling.

Be operated within the dwelling or other accessory buildings normally associated with uses permitted in the zone in which the property is located.

Not interfere with existing uses on nearby land or with other uses permitted in the zone in which the property is located.

Comply with all conditions imposed pursuant to this section.

Have one parking space per employee provided on the same parcel of land, in addition to that parking required for the dwelling.

Not utilize more than two vehicles and utility trailers, with a gross vehicle and trailer weight of more than 10,000 pounds, in the operation of the home business. Parking for said vehicles and/or trailers shall be provided on the subject property.

Store all materials, parts, tools and other equipment used in the operation of the home business entirely within the dwelling or accessory building.

Comply with building, land use and fire code requirements for permits, occupancy, and inspection, including use of hazardous materials or equipment.

Limit manufacturing to the small-scale assembly of already manufactured parts but shall not preclude production of small, individually hand-crafted items, furniture or other wood items as long as the activity meets the other standards of this section.

Prohibit customers or clients on the premises prior to 8:00 a.m. and after 8:00 p.m. on Mondays through Fridays, and prior to 9:00 a.m. and after 5:00 p.m. on weekends and state or federal holidays.

Limit the home business activity to 40 percent of the gross floor area of the residence, including garages and unfinished basements, and accessory buildings; or 2,000 square feet, whichever is less.

Meet the signage requirements of Chapter 18.97 EMC, Sign Code.

Each business must meet the requirement of Chapter 5.05 EMC, Business Licenses and Regulations.

In compliance with the standards contained in this section;

Subordinate to the residential use of the property; and

Undertaken in a manner that is not detrimental or disruptive in terms of appearance or operation to neighboring properties or the community.

The community development director or designee may impose conditions upon the approval of a home business permit to ensure compatibility with adjacent residential uses and surrounding neighborhoods. These conditions may include, but are not limited to, the following:

The community development director or designee may revoke a home business permit if the conditions of approval have not been complied with and the home business is otherwise being conducted in a manner contrary to this title.

When a home business permit has been revoked due to violation of these standards, a minimum period of one year shall elapse before another application for a home business permit by the applicant(s) or member of the family residing on the subject property will be considered.

A home business permit shall become invalid if the applicant moves his or her residence.

Child daycare services, home-based (624410, part), which are subject to EMC § 18.100.040.

Accommodation (Sector 721) – bed-and-breakfast inns (721191).

Garage sales, yard sales, bake sales, temporary home bazaars for hand-crafted items or parties for the display of clothing, gifts and household products, and other similar uses shall not be subject to regulation pursuant to this section; provided, that:

For the profit sale of produce or other food products is limited to the temporary seasonal sale of produce grown on the premises.

Hobbies, which do not result in payment to those engaged in such activity.

No limited home business or such use on property that a person owns, occupies or is in lawful control of, contrary to the provisions of this section.

The following on-site activities are prohibited as home businesses:

A limited home business permit shall be obtained directly through the city clerk's office for each limited home business and any property on which a limited home business is undertaken.

A city general business license must be obtained and maintained for each limited home business as described in Chapter 5.05 EMC.

The limited home business shall be clearly incidental and secondary to the use of the property as residential purposes and shall not change the residential character of the dwelling or neighborhood.

All the activities of the limited home business(es) shall be conducted indoors, except for those related to growing or storing of plants used by the limited home occupation(s).

No modification shall be made to the dwelling to establish or operate the limited home business that would cause it to resemble anything other than a dwelling.

There shall be no more than three deliveries per week to the residence by suppliers.

Traffic generated by a limited home business shall not exceed 16 round trips per day associated with the home business, including deliveries and client-related trips.

Sales, either retail or wholesale, shall be limited to mail order and telephone sales with off-site delivery.

Services to patrons shall be arranged by appointment or provided off site.

Utility demand for sewer, water, electricity, garbage or natural gas shall not exceed normal residential levels.

Equipment or operation processes shall not be utilized which would produce or cause the emission of gases, dust, odors, vibration, electrical interference, smoke, noise, or light in a manner likely to cause offense or irritation to neighboring residents.

The home business(es) shall not use electrical or mechanical equipment that results in:

There shall be no storage, distribution and/or production of toxic or flammable materials, nor spray painting or spray finishing operations that involve toxic or flammable materials, which in the judgment of the fire code official pose a dangerous risk to the residence, its occupants, and/or surrounding properties. An applicant shall make available the material safety data sheets, listing all potentially toxic and/or flammable materials associated with the home occupation, to the fire code official if requested for review.

Not have any employee, volunteer or other person engaged in the commercial activity on the site, other than residents of the dwelling.

Be operated in its entirety within the principal dwelling.

Not have a separate entrance from outside the building.

Not use any mechanical equipment except that which is used normally for purely domestic or household purposes.

Not utilize more than 25 percent of the total floor area of the living space of the dwelling. Areas within attached garages, unfinished basements and storage buildings shall not be considered living space for purposes of calculating allowable home business area but may be used for storage of goods associated with the limited home business.

Not show any evidence that a business is being conducted from the premises.

Not have any exterior signage that identifies the property as a business location.

Not allow clients or customers to visit the premises for any reason.

Not have any exterior storage of materials.

Each business must meet the requirement of Chapter 5.05 EMC, Business Licenses and Regulations.

The community development director or designee may revoke a home business permit if the conditions of approval have not been complied with and the home business is otherwise being conducted in a manner contrary to this title.

When a home business permit has been revoked due to violation of these standards, a minimum period of one year shall elapse before another application for a home business permit by the applicant(s) or member of the family residing on the subject property will be considered.

A home business permit shall become invalid if the applicant moves his or her residence.

Within 330 feet of any property zoned for any residential use or of any property used for any single-family or multiple-family residential use;

Within 330 feet of any public or private elementary or secondary school property;

Within 330 feet of any child daycare center, child care service, nursery, preschool, or community youth center;

Within 330 feet of any church or other facility or institution used primarily for religious purposes;

Within 330 feet of any public park, open space or other place where children are likely to congregate;

Within 500 feet of any public or school bus stop; and

Within 1,000 feet of any other sexually oriented business use;

As used herein, the distances shall mean the straight-line distance between the edge or corner of the property on which the use is located to the nearest edge or corner of the property of another sexually oriented business use or any of the sensitive receptor areas set forth above.

Any establishment where the business or activity of the facility includes the following:

Any goods, products, commodities, or other wares, including, but not limited to, videos, CD-ROMs, DVDs, magazines, books, pamphlets, posters, cards, periodicals or nonclothing novelties, which depict, describe or simulate specified anatomical areas or specified sexual activities.

A retail establishment which, for money or any other form of consideration, either:

Any device which, for payment of a fee, membership fee, or other charge, is used to view, exhibit, or display a film, videotape, or videodisc. All such devices are denominated in this section by the terms "panoram" or "panoram device." The terms panoram and panoram device as used in this section do not include games which employ pictures, views, or video displays; or state-regulated gambling devices.

Those uses and zoning designations where children are likely to congregate, including property zoned for residential use or any single-family or multifamily residential use; public or private elementary or secondary schools; daycare facilities, nurseries, or preschools for children; churches or other facilities or institutions used primarily for religious purposes; and public parks or open spaces where children are likely to congregate.

A business that includes, as a primary part of its business, any one or more of the following as defined herein: "adult entertainment facility," "adult-oriented merchandise," "adult retail use," and/or "panoram"; or a similar facility, merchandise, or entertainment.

Specified Anatomical Areas. Any of the following:

Specified Sexual Activities. Any of the following:

To protect the community's natural beauty, visual quality and safety while facilitating the reasonable and balanced provision of wireless communication services. More specifically, it is the city's goal to minimize the visual impact of WCFs on the community, particularly in and near residential zones;

To promote and protect the public health, safety, and welfare, preserve the aesthetic character of the Edgewood community, and to reasonably regulate the development and operation of WCFs within the city to the extent permitted under state and federal law;

To minimize the impact of WCFs by establishing standards for siting, design and screening;

To encourage the collocation of antennas on existing structures, thereby minimizing new visual impacts and reducing the potential need for new towers that are built in or near residential zones by encouraging that WCFs first be located on buildings, existing towers or antennas, or utility support structures in public rights-of-way;

To protect residential zones from excessive development of WCFs;

To ensure that towers in or near residential zones are only sited when alternative facility locations are not feasible;

To preserve the quality of living in residential areas which are in close proximity to WCFs;

To preserve the opportunity for continued and growing service from the wireless industry;

To preserve neighborhood harmony and scenic viewsheds and corridors;

To accommodate the growing need and demand for wireless communication services;

To establish clear guidelines and standards and an orderly process for expedited permit application review, intended to facilitate the deployment of wireless transmission equipment, to provide advanced communication services to the city, its residents, businesses and community at large;

To ensure city zoning regulations are applied consistently with federal telecommunications laws, rules, regulations and controlling court decisions;

To encourage the use of small wireless facility systems that use components that are a small fraction of the size of macrocell deployments;

To provide regulations which are specifically not intended to, and shall not be interpreted or applied to, (a) prohibit or effectively prohibit the provision of personal wireless services, (b) unreasonably discriminate among functionally equivalent service providers, or (c) regulate WCFs and wireless transmission equipment on the basis of the environmental effects of radio frequency emissions to the extent that such emissions comply with the standards established by the Federal Communications Commission; and

To implement Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 ("Spectrum Act"), as amended and as interpreted by the Federal Communications Commission's ("FCC" or "Commission") Acceleration of Broadband Deployment Report and Order, which requires a state or local government to approve any eligible facilities request for a modification of an existing tower or base station that does not result in a substantial change to the physical dimensions of such tower or base station.

Industrial processing equipment and scientific or medical equipment using frequencies regulated by the Federal Communications Commission (FCC).

Antennas and related equipment, no more than three feet in height, that are being stored, shipped, or displayed for sale.

Facilities used for purposes of public safety, such as, but not limited to, police, hospitals, and the regional 911 system.

Wireless radio towers, equipment, facilities, and associated appurtenances utilized for temporary emergency communications in the event of a disaster.

Licensed amateur (ham) radio stations.

Satellite dish antennas less than two meters in diameter, including direct-to-home satellite services, when used as a secondary use of the property.

Personal wireless service facilities that existed on or prior to February 14, 1998; except that this exemption does not apply to modifications of existing facilities.

Routine maintenance or repair of a personal wireless service facility and related equipment (excluding structural work or changes in height or dimensions of antennas, towers, or buildings); provided, that compliance with the standards of this section is maintained.

Subject to compliance with all other applicable standards of this code, a building permit application need not be filed for emergency repair or maintenance of a personal wireless service facility until 30 days after the completion of such emergency activity.

Automated meter reading systems are permitted on utility poles, provided any equipment mounted on the poles is less than 14 inches by 12 inches by 12 inches for the structure and associated antennas are less than 18 inches from the structure. This exemption shall be allowed in all zoning areas; however, structures are allowed only on power poles for the intended use of the power poles owner and may not be leased to other users.

Concealment and design requirements (as set forth in subsections (F)(4) and (5) of this section); and

Attached to or inside of an existing or replacement nonresidential structure with a maximum additional height of no more than 15 feet above the existing structure, or the minimum necessary to meet the required safety clearances or pole owner's requirements.

Siting.

General Development Standards – Small Wireless Facility Equipment. The following standards are applicable to all small wireless facilities, whether sited within or outside of the rights-of-way.

Prohibition. Only monopole towers are permitted in the city. Lattice towers and guyed towers are prohibited.

Siting. An administrative use permit is required to site a new tower in accordance with the criteria contained in Table 1 and Table 2. In addition, the location shall be subject to any additional siting priorities set forth in this chapter.

Tower Sharing and Collocation. New WCF facilities must, to the maximum extent feasible, collocate on existing towers or other structures of a similar height to avoid construction of new towers, unless precluded by zoning constraints such as height, structural limitations, inability to obtain authorization by the owner of an alternative location, or where an alternative location will not meet the service coverage objectives of the applicant. Applications for a new tower must address all existing towers or structures of a similar height within one-half mile of the proposed site as follows: (a) by providing evidence that a request was made to locate on the existing tower or other structure, with no success; or (b) by showing that locating on the existing tower or other structure is infeasible.

Preferred Tower Locations.

Compliance with Code. The proposed tower shall satisfy all of the provisions and requirements of this section.

Public Notice. In addition to the notice requirements of Chapter 18.40 EMC and EMC § 18.50.040 for a conditional use permit, tower proposals in residential zones and within 150 feet of a residential zone shall include the following public notice:

Height. Refer to Tables 1 and 2.

Setback Requirements.

Landscaping.

Visual Impact. All WCFs in residential zones and within 150 feet of residential zones, including equipment enclosures, shall be sited and designed to minimize adverse visual impacts on surrounding properties and the traveling public to the greatest extent reasonably possible, consistent with the proper functioning of the WCF. Such WCFs and equipment enclosures shall be integrated through location and design to blend in with the existing characteristics of the site. Such WCFs shall also be designed to either resemble the surrounding landscape and other natural features where located in proximity to natural surroundings, or be compatible with the urban built environment through matching and complementing existing structures and specific design considerations, such as architectural designs, height, scale, color and texture, and/or be consistent with other uses and improvements permitted in the relevant zone.

Use of Stealth Design/Technology. Stealth design is required in residential zones and to the extent shown in Tables 1 and 2. Stealth and concealment techniques must be appropriate given the proposed location, design, visual environment, and nearby uses, structures, and natural features. Stealth design shall be designed and constructed to substantially conform to surrounding building designs or natural settings, so as to be visually unobtrusive. Stealth design that relies on screening WCFs in order to reduce visual impact must screen all substantial portions of the facility from view. Stealth and concealment techniques do not include incorporating faux tree designs of a kind that are not native to the Pacific Northwest.

Lighting. For new towers, only such lighting as is necessary to satisfy FAA requirements is permitted. All FAA-required lighting shall use lights that are designed to minimize downward illumination. Security lighting for the equipment shelters or cabinets and other on-the-ground ancillary equipment is also permitted as long as it is down shielded to keep light within the boundaries of the site. Motion detectors for security lighting are encouraged in residential zones or adjacent to residences.

Noise. Facilities utilizing passive cooling or other cooling methods that do not emit noise are to be utilized when feasible. If not feasible, cooling methods using low noise profile equipment shall be utilized. In no event shall transmission equipment or any other associated equipment (including, but not limited to, heating and air conditioning units) at any wireless communication facility emit noise that exceeds the applicable limit(s) established in EMC § 18.90.140(E).

Code Compliance. All facilities shall at all times comply with all applicable federal, state and local building codes, electrical codes, fire codes and any other code related to public health and safety.

Building-Mounted WCFs.

WCFs in the Public Rights-of-Way.

Base Station Equipment. All base station equipment shall be mounted as close as physically and technically possible to the pole or tower so as to reduce the overall visual profile to the maximum extent feasible while still maintaining required safety clearances.

Entire Lot Controls. For purposes of determining whether the installation of a WCF complies with development standards, such as, but not limited to, setback and lot coverage requirements, the dimensions of the entire lot shall control, even though a WCF is located on a leased parcel within that lot.

Backup Power Sources. The city encourages proposed WCFs to include backup power sources, such as batteries or generators, to maintain wireless service in the event of an emergency, such as a natural disaster. So long as the WCF otherwise complies with this chapter, a WCF using such backup power during an emergency will be presumed to neither be detrimental to the public health, safety, and general welfare, nor injurious to, or adversely affect, the uses, property, or improvements adjacent to and in the vicinity of the site upon which the proposed use is proposed to be located.

A certificate of occupancy will only be granted upon satisfactory evidence that the WCF was installed in substantial compliance with the approved plans and photo simulations.

Failure to Comply. If it is found that the WCF installation does not substantially comply with the approved plans and photo simulations, the applicant immediately shall make any and all such changes required to bring the WCF installation into compliance.

All wireless communication facilities must comply with all standards and regulations of the FCC and any other state or federal government agency with the authority to regulate wireless communication facilities.

The site and the wireless communication facilities, including all landscaping, fencing and related transmission equipment, must be maintained at all times in a neat and clean manner and in accordance with all approved plans.

All graffiti on wireless communication facilities must be removed at the sole expense of the permittee after notification by the city to the owner, operator, or both of the WCF.

If any FCC, state or other governmental license or any other governmental approval to provide communication services is ever revoked as to any site permitted or authorized by the city, the permittee must inform the city of the revocation within 30 days of receiving notice of such revocation.

Any WCF that is no longer needed and its use is discontinued shall be reported immediately by the service provider to the community development director. Discontinued facilities shall be completely removed within six months and the site restored to its preexisting condition.

There shall also be a rebuttable presumption that any WCF that is regulated by this chapter and that is not operated for a period of six months shall be considered abandoned. This presumption may be rebutted by a showing that such WCF is an auxiliary backup or emergency utility or device not subject to regular use or that the WCF is otherwise not abandoned. For those WCFs deemed abandoned, all equipment, including, but not limited to, antennas, poles, towers, and equipment shelters associated with the WCF, shall be removed within six months of the cessation of operation. Irrespective of any agreement among them to the contrary, the owner or operator of such unused facility, or the owner of a building or land upon which the WCF is located, shall be jointly and severally responsible for the removal of abandoned WCFs. If the WCF is not thereafter removed within 90 days of written notice from the city, the city may remove the WCF at the owner of the property's expense or at the owner of the WCF's expense, including all costs and attorneys' fees. If there are two or more wireless communications providers collocated on a single support structure, this provision shall not become effective until all providers cease using the WCF for a continuous period of six months.

Cessation of Nonwireless Uses. If the primary function of an antenna support structure ceases to operate, the wireless facility shall also be removed at the applicant's sole cost and expense unless a new permit is obtained pursuant to the provisions of this section.

An approved permit shall be valid for one year from the date of the city's approval, with an opportunity for a six-month extension. If not issued within the validity time frame, i.e., within 12 or 18 months, the permit shall become null and void.

The terms and conditions of an issued, but unused, permit for a WCF shall expire five years after the effective date of the permit approval.

In addition to the application fee, as set forth in the city of Edgewood fee schedule, the applicant shall submit a deposit pursuant to EMC § 3.35.030 for costs of professional engineers and other consultants hired by the city to review and inspect the applicant's proposal. These professional services may include but are not limited to: engineering, technical reviews, legal, planning, hearing examiner, environmental review, critical areas review, financial, accounting, soils, mechanical and structural engineering.

The technical expert review may include, but is not limited to:

The selection of the third-party expert may be by mutual agreement between the provider and the city, or at the discretion of the city, with a provision for the provider and interested parties to comment on the proposed expert and review his or her qualifications.

Deposits for third-party review or consultants shall be processed pursuant to EMC § 3.35.030.

Procedure. This subsection describes the sole and exclusive procedure for review and approval of a proposed facilities modification which the applicant asserts is subject to review under Section 6409 of the Spectrum Act. In the event that any part of an application for a project permit approval includes a proposed facilities modification, the proposed facilities modification portion of the application shall be reviewed under this subsection.

Nonconforming Structures. This subsection shall not apply to a proposed facility modification to an eligible support structure that is not a legally conforming or legally nonconforming structure at the time the completed eligible facilities modification application is filed with the city.

Replacement. This subsection shall not apply to a proposed facility modification to an eligible support structure that will involve replacement of the tower or base station.

SEPA Review. Unless otherwise provided by law or regulation, decisions pertaining to eligible facilities requests are exempt from the requirements of RCW 43.21C.030(2)(c).

Application. An application for an eligible facilities modification and supplemental submittals are received by the city upon the date such application is filed with the city.

Time Frame for Review – Approval/ Denial.

Tolling of Time Frame for Review. The application review period begins to run when the application is received, and may be tolled when the city determines that the application is incomplete and provides notice of an incomplete application; or by mutual agreement between the city and the applicant.

Failure to Act. In the event that the city fails to approve or deny an eligible facilities request within the time frame for review in subsection (L)(7) of this section (accounting for any tolling), the request shall be deemed approved. The deemed approval does not become effective until the applicant notifies the city in writing after the review period has expired (accounting for any tolling) that the application has been deemed approved.

The definitions in RCW 69.51A.010 (relating to medical cannabis) are hereby adopted by reference.

The definitions in RCW 69.50.101 are hereby adopted by reference.

All single-family, multifamily and mixed residential zones, including without limitation SF-2, SF-3, SF-5, MR-1, MR-2 and MUR;

All town center, commercial and business park zones, including without limitation TC, C, and BP;

All industrial zones, including without limitation I;

All public zones, including without limitation P; and

Any new zoning district established after October 28, 2014.

It is unlawful to own, establish, operate, use or permit the establishment or operation of a marijuana-related business, marijuana cooperative, or to produce, process, dispense, barter, sell or deliver medical or recreational marijuana, except as otherwise allowed in the definition of "illegal marijuana uses" in subsection (A)(4) of this section. This prohibition extends to producers, processors, retailers and collectives, even if the same are licensed by the state of Washington. This prohibition applies to any person who participates as an employee, contractor, agent or volunteer, or in any other manner or capacity, in any marijuana-related business or illegal marijuana use, regardless of whether he/she has a license from the state of Washington.

It is unlawful to perform any group marijuana cultivation activities, including cooperatives, anywhere in the city, regardless of whether such group cultivation or cooperatives are addressed in Chapter 69.51A RCW and allowed with a license from the state.

It is unlawful to lease, rent, or otherwise allow any site, whether located indoors, outdoors, in any building, premises, location or land in the city, for marijuana-related businesses or illegal marijuana uses, regardless of whether such activity has been licensed by the state of Washington.

The city shall not issue any business license for any marijuana-related business or illegal marijuana use. Any business license obtained through misrepresentation of the activities conducted by the individual business or use shall be invalid and of no force and effect.