The purpose of this chapter, in addition to implementing the general purposes of the comprehensive plan and development regulations, is to regulate the activities of permitting, placement, construction and modification of wireless communication facilities in order to protect the health, safety and welfare of the public while not unreasonably interfering with the development of a competitive wireless telecommunications marketplace within the city.

This chapter provides permitting and review regulations as well as aesthetic, design and concealment standards for the construction of wireless communication facilities both within and without the public right-of-way. It also provides siting options at appropriate locations within the city to support existing communications technologies, to adapt to new technologies as needed, and to minimize associated safety hazards and visual impacts. The siting of wireless communication facilities on existing buildings and structures, collocation of telecommunication facilities on a single support structure and visual mitigation strategies are encouraged to preserve neighborhood aesthetics and reduce visual clutter in the city.

(Ord. No. 21-906, § 5, 1-19-21.)

(1) Exemptions. The following antennas and facilities are exempt from the provisions of this chapter and shall be permitted in all zones consistent with the applicable development standards outlined in the use zone charts, Division VI, Zoning Regulations, of this title:

(a) WCFs used for temporary emergency communications in the event of a disaster, or emergency preparedness, and for any other public health or safety purpose, including, by way of illustration and not limitation, any communications systems utilized by first responders such as police or fire.

(b) Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC; provided such equipment complies with all applicable provisions of FWRC 19.110.050, Compliance generally; 19.110.060, Exceptions; and 19.110.070, Rooftop appurtenances – Required screening.

(c) Citizen band radios or antennas operated by federal licensing amateur (“ham”) radio operators; provided such antennas comply with all applicable provisions of FWRC 19.110.050, Compliance generally; 19.110.060, Exceptions; and 19.110.070, Rooftop appurtenances – Required screening.

(d) Satellite dish antennas less than two meters in diameter, including direct-to-home satellite services, when used as secondary use of the property; provided such antennas comply with all applicable provisions of FWRC 19.110.050, Compliance generally; 19.110.060, Exceptions; and 19.110.070, Rooftop appurtenances – Required screening.

(e) Automated meter reading (“AMR”) facilities for collecting utility meter data for use in the sale of utility services, except for WIP and other antennas greater than two feet in length; so long as the AMR facilities are within the scope of activities permitted under a valid franchise agreement between the utility service provider and the city.

(f) Eligible facilities requests. See Chapter 19.257 FWRC.

(g) Routine maintenance or repair of a major WCF and related equipment excluding structural work or changes in height, dimension, or visual impacts of the tower or support structure; provided, however, that compliance with the standards of this title is maintained and a right-of-way use permit is obtained if the major WCF is located in the right-of-way.

(h) Temporary major WCFs for large scale community events, limited to the duration of the event, plus two days prior to the event and two days after.

(Ord. No. 21-906, § 5, 1-19-21.)

For the purposes of this chapter, the following terms shall have the meaning ascribed to them below. Terms not defined in this section shall be defined as set forth in Chapter 19.05 FWRC:

“Antenna(s)” in the context of small wireless and wireless communication facilities and consistent with 47 CFR 1.1320(w) and 1.6002(b) means an apparatus designed for the purpose of emitting radio frequency (“RF”) radiation, to be operated or operating from a fixed location pursuant to Federal Communications Commission (“FCC”) authorization, for the provision of personal wireless and any commingled information services. For the purposes of this definition, the term “antenna” does not include an unintentional radiator, mobile station, or device authorized by 47 CFR Title 15.

“Antenna equipment,” consistent with 47 CFR 1.1320(d), means equipment, switches, wiring, cabling, power sources, shelters, or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, are mounted or installed at the same time as the antenna.

“Antenna facility” means an antenna and associated antenna equipment.

“Collocation” means:

(a) Mounting or installing an antenna facility on a preexisting structure; and/or

(b) Modifying a structure for the purpose of mounting or installing an antenna facility on that structure.

“Concealment elements” means stealth techniques specifically designated as concealment elements at the time of the original approval of the wireless facility for the purposes of rendering the appearance of the wireless facility as something fundamentally different than a wireless facility including but not limited to the use of nonreflective materials, appropriate colors, and/or a concealment canister.

“Director” means the public works director or designee.

“Equipment enclosure” means a facility, shelter, cabinet, or vault used to house and protect electronic or other associated equipment necessary for processing wireless communication signals. “Associated equipment” may include, for example, air conditioning, backup power supplies, and emergency generators.

“FCC” or “Federal Communications Commission” means the federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level.

“Major wireless communication facilities” or “major WCF” means a large wireless service facility that provides radio frequency coverage for wireless services. Generally, major WCF antennas are mounted on ground-based towers, rooftops and other existing structures, at a height that provides a clear view over the surrounding buildings and terrain. Major WCF typically contain antennas that are greater than three cubic feet per antenna and typically cover large geographic areas with relatively high capacity and may be capable of hosting multiple wireless service providers. Major WFC include but are not limited to monopoles, lattice towers, macro cells, roof-mounted and panel antennas, and other similar facilities.

“Personal wireless services” means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services.

“Service provider” shall be defined in accord with RCW 35.99.010(6). “Service provider” shall include those infrastructure companies that provide telecommunications services or equipment to enable the construction of wireless communications.

“Small wireless facility” shall be defined as provided in 47 CFR 1.6002(l).

“Structure” means a pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (on its own or commingled with other types of services).

“Telecommunications service” shall be defined in accord with RCW 35.99.010.

“Tower” means any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communication services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services, and fixed wireless services such as microwave backhaul and the associated site.

“Traffic signal pole” means any structure designed and used primarily for support of traffic signal displays and equipment whether for vehicular or nonmotorized users.

“Transmission equipment” means equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communication services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

“Unified enclosure” means a small wireless facility providing concealment of antennas and equipment within a single enclosure.

“Utility pole” means a structure designed and used primarily for the support of electrical wires, telephone wires, television cable, or lighting for streets, parking lots, or pedestrian paths.

“Wireless communication facilities” or “WCF” means facilities used for personal wireless services.

“Wireline” means services provided using a physically tangible means of transmission, including without limitation wire or cable, and the apparatus used for such transmission.

(Ord. No. 21-906, § 5, 1-19-21.)

(1) These provisions shall be interpreted and applied in order to comply with the provisions of federal law. By way of illustration and not limitation, any WCF that has been certified as compliant with all FCC and other government regulations regarding the human exposure to radio frequency emissions will not be denied on the basis of RF radiation concerns.

(2) WCFs shall be subject to the requirements of this Code to the extent that such requirements:

(a) Do not unreasonably discriminate among providers of functionally equivalent services; and

(b) Do not prohibit or have the effect of prohibiting wireless service within the city.

(Ord. No. 21-906, § 5, 1-19-21.)

(1) Applicability. Any application for a small wireless facility both inside and outside of the right-of-way shall comply with the application requirements for a small wireless facility permit described in this chapter. For small wireless facilities inside the right-of-way, the applicant must also comply with the requirements pursuant to Chapter 4.22 FWRC. The small wireless facility permits are issued by the director.

(2) Completeness. An application for a small wireless facility is not complete until the applicant has submitted all the applicable items required by FWRC 19.256.060 and, to the extent relevant, has submitted all the applicable items in subsection (3) of this section and the city has confirmed that the application is complete. Franchisees with a valid franchise for small wireless facilities may apply for a small wireless permit for the initial or additional phases of a small wireless facilities system at any time subject to the commencement of a new completeness review time period for permit processing.

(3) Application components. The director is authorized to establish franchise and other application forms to gather the information required to evaluate the application from applicants and to determine the completeness of the application as provided herein. The application shall include the following components as applicable:

(a) Franchise. If any portion of the applicant’s facilities are to be located in the right-of-way, the applicant shall apply for, and receive approval of, a franchise consistent with the requirements in Chapter 4.22 FWRC. An application for a franchise may be submitted concurrently with an application for small wireless facility permit(s).

(b) Small wireless facility permits. The applicant shall submit a SWF permit application as required in the small wireless facility application requirements established in FWRC 19.256.060 and pay the permit fee as set forth in the fee schedule which may be amended by city council from time to time.

(c) Associated application(s) and checklist(s). Any application for a small wireless permit which contains an element which is not categorically exempt from SEPA review shall simultaneously apply under Chapter 43.21C RCW and FWRC Title 14. Further, any application proposing small wireless facilities in a shoreline area (pursuant to Chapter 15.05 FWRC) or a critical area (pursuant to Chapter 19.145 FWRC) shall indicate why the application is exempt or comply with the review processes in such codes. Applications for small wireless facilities in design zones or for new poles shall comply with the requirements in FWRC 19.256.100(5).

(d) Leases. An applicant who desires to attach a small wireless facility on any utility pole, light pole, or other structure or building owned by the city shall obtain a lease as a component of its application. Utility poles and the use of other public property, structures or facilities, including but not limited to any park land or facility, require city council approval of a lease or master lease agreement.

(Ord. No. 21-906, § 5, 1-19-21.)

The following information shall be provided by all applicants for a small wireless permit:

(1) The application shall provide specific locational information including GIS coordinates of all proposed small wireless facilities and specify where the small wireless facilities will utilize existing, replacement or new poles, towers, existing buildings and/or other structures. The applicant shall specify ground-mounted equipment, conduit, junction boxes and fiber and power connections necessary for and intended for use in the small wireless facilities system regardless of whether the additional facilities are to be constructed by the applicant or leased from a third party. The applicant shall provide detailed schematics and visual renderings of the small wireless facilities, including engineering and design standards. The application shall have sufficient detail to identify:

(a) The location of overhead and, to the extent applicable, underground public utilities, telecommunication, cable, water, adjacent lighting, sewer drainage and other lines and equipment within 50 feet of the proposed project area (which project area shall include the location of the fiber source and power source). Further, the applicant shall include all existing and proposed improvements related to the proposed location, including but not limited to poles, driveways, ADA ramps, equipment cabinets, street trees and structures within 50 feet of the proposed project area.

(b) The specific trees, structures, improvements, facilities, lines and equipment, and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate and a landscape plan for protecting, trimming, removing, replacing, and restoring any trees or significant landscaping to be disturbed during construction. The applicant is discouraged from cutting/pruning, removing or replacing trees, and if any such tree modifications are proposed the applicant must comply with applicable provisions of Chapters 19.120 and 4.35 FWRC.

(c) The applicant’s plan for fiber and power service, all conduits, cables, wires, handholes, junctions, meters, disconnect switches and any other ancillary equipment or construction necessary to construct the small cell facility, to the extent to which the applicant is responsible for installing such fiber and power service, conduits, cables, and related improvements. Where another party is responsible for installing such fiber and power service, conduits, cables, and related improvements, applicant’s construction drawings shall include such utilities to the extent known at the time of application, but at a minimum applicant must indicate how it expects to obtain power and fiber service to the small cell facility.

(d) A photometric analysis of the roadway and sidewalk within 150 feet of the existing light if the site location includes a new light pole.

(e) Compliance with the applicable aesthetic requirements pursuant to FWRC 19.256.100.

(2) The applicant must show written approval from the owner of any pole or structure for the installation of its small wireless facilities on such pole or structure. Such written approval shall include approval of the specific pole, engineering and design specifications for the pole, as well as assurances that the specific pole can withstand wind and seismic loads as well as assurances in accordance with subsection (6) of this section, from the pole owner, unless the pole owner is the city. For city-owned utility poles or structures, the applicant shall obtain a lease from the city prior to or concurrent with the small wireless permit application so that the city can evaluate the use of a specific pole.

(3) The applicant is encouraged to batch the small wireless facility sites within an application in a contiguous service area and/or with similar designs.

(4) The applicant shall submit a sworn affidavit signed by an RF engineer with knowledge of the proposed project affirming that the small wireless facilities will be compliant with all FCC and other governmental regulations in connection with human exposure to radio frequency emissions for every frequency at which the small wireless facility will operate. If facilities that generate RF radiation necessary to the small wireless facility are to be provided by a third party, then the small wireless permit shall be conditioned on an RF certification showing the cumulative impact of the RF emissions from the entire installation. The applicant may provide one emissions report for the entire batch of small wireless facility applications if the applicant is using the same small wireless facility configuration for all installations within that batch or may submit one emissions report for each subgroup installation identified in the batch.

(5) The applicant shall provide proof of FCC or other regulatory approvals required to provide the service(s) or utilize the technologies sought to be installed.

(6) A professional engineer licensed by the state of Washington shall certify in writing, over his or her seal, that construction plans of the small wireless facilities and structure or pole and foundation are designed to reasonably withstand wind and seismic loads as required by applicable codes.

(7) A right-of-way work permit application as required by FWRC 4.25.030.

(8) Proof of a valid Federal Way business license.

(9) Recognizing that small wireless facility technology is rapidly evolving, the director is authorized to adopt and publish standards for the structural safety of city-owned structures and to formulate and publish application questions for use when an applicant seeks to attach to city-owned structures.

(10) Such other information as the director, in his/her reasonable discretion, shall deem appropriate to effectively evaluate the application based on technical, engineering and aesthetic considerations.

(Ord. No. 21-906, § 5, 1-19-21.)

(1) The following provisions relate to review of applications for a small wireless facility permit:

(a) In any zone, upon application for a small wireless permit, the city will permit small wireless facilities only when the application meets the criteria of this chapter.

(b) Vertical clearance shall be reviewed by the director to ensure that the small wireless facilities will not pose a hazard to other users of the rights-of-way.

(c) Replacement poles, new poles, and ground-mounted equipment permitted pursuant to FWRC 19.256.100(1)(b) shall comply with the Americans with Disabilities Act (ADA), city construction and sidewalk clearance standards, traffic warrants, city ordinances, and state and federal statutes and regulations in order to provide a clear and safe passage within the right-of-way. Further, the location of any replacement pole, new pole, or ground-mounted equipment must: be physically possible, cannot obstruct vehicular or pedestrian traffic or the clear zone, not interfere with utility or safety fixtures (e.g., fire hydrants, traffic control devices), and not adversely affect the public welfare, health, or safety.

(d) No equipment shall be operated so as to produce noise in violation of Chapter 7.10 FWRC.

(e) Small wireless facilities may not encroach onto or over private property or property outside of the right-of-way without the property owner’s express written consent.

(2) Decision. All small wireless facility applications shall be reviewed and approved or denied by the director. The director’s decision shall be final and is not subject to appeal under city code or further review by the city.

(3) Eligible facilities requests. Small wireless facilities may be expanded pursuant to an eligible facilities request so long as the expansion:

(a) Does not defeat design concealment elements specifically designated as stealth techniques;

(b) Incorporates the aesthetic elements required as conditions of approval set forth in the original small wireless facility approval in a manner consistent with the rights granted an eligible facility; and

(c) Does not exceed the conditions of a small wireless facility as defined by 47 CFR 1.6002(l).

(4) Public notice. The city shall provide notice of a complete application for a small wireless permit on the city’s website with a link to the application. Prior to construction, the applicant shall provide notice of construction to all impacted property owners within 100 feet of any proposed small wireless facility via a doorhanger that shall include an email contact and telephone number for the applicant. Notice is for the public’s information and is not a part of a hearing or part of the land use appeal process.

(5) Withdrawal. Any applicant may withdraw an application submitted at any time, provided the withdrawal is in writing and signed by all persons who signed the original application or their successors in interest. When a withdrawal is received, the application shall be deemed null and void. If such withdrawal occurs prior to the director’s decision, then reimbursement of fees submitted in association with said application shall be reduced to withhold the amount of actual and objectively reasonable city costs incurred in processing the application prior to time of withdrawal. If such withdrawal is not accomplished prior to the director’s decision, there shall be no refund of all or any portion of such fee.

(6) Supplemental information. Failure of an applicant to provide supplemental information as requested by the director within 90 days of notice by the director shall be grounds for denial of that application unless an extension period has been approved by the director. If no extension period has been approved by the director, the director shall notify the applicant in writing that the application is denied.

(Ord. No. 21-906, § 5, 1-19-21.)

(1) Permit compliance. The permittee shall comply with all of the requirements within the small wireless facility permit.

(2) Post-construction as-builts. Upon request, the permittee shall provide the city with as-builts of the small wireless facilities, within 30 days after construction of the small wireless facility, demonstrating compliance with the permit, visual renderings submitted with the permit application and any site photographs taken.

(3) Construction time limit. Construction of the small wireless facility must be completed within 12 months after the approval date by the city. The permittee may request one extension of no more than six months, if the permittee provides an explanation as to why the small wireless facility cannot be constructed within the original 12-month period.

(4) Site safety and maintenance. The permittee must maintain the small wireless facilities in safe and working condition. The permittee shall be responsible for the removal of any graffiti or other vandalism of the small wireless facility and shall keep the site neat and orderly, including but not limited to following any maintenance or modifications on the site.

(5) Operational activity. The permittee shall commence operation of the small wireless facility no later than six months after installation. The permittee may request one extension for an additional six-month period if the permittee can show that such operational activity is delayed due to inability to connect to electrical or backhaul facilities.

(Ord. No. 21-906, § 5, 1-19-21.)

(1) If a permittee desires to modify small wireless facilities, including but not limited to expanding or changing the antenna type, increasing the equipment enclosure, placing additional pole-mounted or ground-mounted equipment, or modifying the concealment elements, then the permittee shall apply for a new small wireless permit.

(2) A small wireless permit shall not be required for routine maintenance and repair of a small wireless facility within the rights-of-way, or the replacement of an antenna or equipment of similar size, weight, and height; provided, that such replacement does not defeat the concealment elements used in the original small wireless facility and does not impact the structural integrity of the pole. Further, a small wireless permit shall not be required for replacing equipment within the equipment enclosure or reconfiguration of fiber or power to the small wireless facilities. An annual blanket right-of-way permit will be required for such routine maintenance, repair, or replacement and can cover all facilities owned by the applicant.

(Ord. No. 21-906, § 5, 1-19-21.)

(1) All small wireless facilities shall conform with the following general aesthetic, concealment, and design standards, as applicable:

(a) Except for locations in the right-of-way, small wireless facilities are not permitted on any property containing a residential use in residential zones.

(b) Ground-mounted equipment in the rights-of-way is prohibited, unless such facilities are placed underground, or the applicant can demonstrate that pole-mounted or undergrounded equipment is technically infeasible. If ground-mounted equipment is necessary, then the applicant shall submit a concealment element plan substantially conforming to the applicable standards in subsection (5)(c) of this section and comply with the Americans with Disabilities Act (“ADA”), city construction standards, and state and federal regulations in order to provide a clear and safe passage within the public right-of-way. Generators located in the rights-of-way are prohibited.

(c) No signage, message, or identification other than the manufacturer’s identification or identification required by governing law is allowed to be portrayed on any antenna or equipment enclosure. Any permitted signage shall be located on the equipment enclosures and be of the minimum amount possible to achieve the intended purpose (no larger than four by six inches); provided, that signs may be permitted as concealment element techniques where appropriate and safety signage as required by applicable laws, regulations, and standards is permitted.

(d) Antennas and related equipment shall not be illuminated except for security reasons, required by a federal or state authority, or unless approved as part of the required concealment element requirements pursuant to subsection (5)(c) of this section.

(e) The design standards in this chapter are intended to be used solely for the purpose of concealment and siting. Nothing contained in this chapter shall be interpreted or applied in a manner which dictates the use of a particular technology. When strict application of these requirements would render the small wireless facility technically infeasible or otherwise have the effect of prohibiting wireless service, alternative forms of aesthetic design or concealment may be permitted which provide similar or greater protections from negative visual impacts to the streetscape.

(2) General pole standards. In addition to complying with the general standards in subsection (1) of this section, all small wireless facilities on any type of pole shall conform to the following general pole design requirements as well as the applicable pole specific standards:

(a) The preferred location of a small wireless facility on a pole is the location with the least visible impact.

(b) The city may consider the cumulative visual effects of small wireless facilities mounted on poles within the rights-of-way when assessing proposed siting locations so as to not adversely affect the visual character of the city. This provision shall neither be applied to limit the number of permits issued when no alternative sites are reasonably available nor to impose a technological requirement on the applicant.

(c) Small wireless facilities are not permitted on traffic signal poles unless denial of the siting could be a prohibition or effective prohibition of the applicant’s ability to provide telecommunications service in violation of 47 USC 253 and 332.

(d) Replacement poles and new poles shall comply with the Americans with Disabilities Act, city construction and sidewalk clearance standards, city development standards, city ordinances, and state and federal laws and regulations in order to provide a clear and safe passage within the rights-of-way. Further, the location of any replacement or new pole must: be physically possible, comply with applicable traffic warrants, not interfere with utility or safety fixtures (e.g., fire hydrants, traffic control devices), and not adversely affect the public welfare, health, or safety.

(e) Replacement poles shall be located as near as possible to the existing pole and the abandoned pole shall be removed.

(f) Side arm mounts for antennas or equipment must be the minimum extension necessary, and for wooden poles may be no more than 12 inches off the pole, and for nonwooden poles no more than six inches off the pole.

(3) Nonwooden pole design standards. In addition to complying with the general standards in subsections (1) and (2) of this section, small wireless facilities attached to existing or replacement nonwooden poles in the right-of-way or nonwooden poles outside of the right-of-way shall conform to the following design criteria:

(a) Antennas and the associated equipment enclosures (excluding disconnect switches and other appurtenant devices) shall be fully concealed within the pole, unless such concealment is technically infeasible, or is incompatible with the pole design, then the antennas and associated equipment enclosures must be camouflaged to appear as an integral part of the pole or flush-mounted to the pole, meaning no more than six inches off of the pole, and must be the minimum size necessary for the intended purpose, not to exceed the volumetric dimensions of small wireless facilities. If the equipment enclosure is permitted on the exterior of the pole, the applicant is required to place the equipment enclosure behind any banners or road signs that may be on the pole; provided, that such location does not interfere with the operation of the banners or signs, or the small wireless facility.

For purposes of this section, “incompatible with the pole design” may include a demonstration by the applicant that the visual impact to the pole or the streetscape would be reduced by placing the antennas and equipment exterior to the pole.

(b) The farthest point of any antenna or equipment enclosure may not extend more than 28 inches from the face of the pole.

(c) All conduit, cables, wires, and fiber must be routed internally in the pole. Full concealment of all conduit, cables, wires, and fiber is required within mounting brackets, shrouds, canisters, or sleeves if attaching to exterior antennas or equipment.

(d) An antenna on top of an existing pole may not extend more than six feet above the height of the existing pole and the diameter may not exceed 16 inches, unless the applicant can demonstrate that more space is needed. To the extent technically feasible, the antennas shall be integrated into the pole design so that they appear as a continuation of the original pole, including colored or painted to match the pole, and shall be shrouded or screened to blend with the pole except for canister antennas which shall not require screening. To the extent technically feasible, all cabling and mounting hardware/brackets from the bottom of the antenna to the top of the pole shall be fully concealed and integrated with the pole.

(e) Any replacement pole shall substantially conform to the design of the pole it is replacing (including but not limited to color, shape and style) or the neighboring pole design standards utilized within the contiguous right-of-way.

(f) The height of any replacement pole and antenna(s) may not extend more than 10 feet above the height of the existing pole or the minimum additional height necessary; provided, that the height of the replacement pole cannot be extended further by additional antenna height.

(g) The diameter of a replacement pole shall comply with the city’s setback and sidewalk clearance requirements and shall, to the extent technically feasible, not be more than a 25 percent increase of the existing pole measured at the base of the pole, unless additional diameter is needed in order to conceal equipment within the base of the pole, and shall comply with the requirements in subsection (5)(c) of this section.

(h) The use of the pole for the siting of a small wireless facility shall be considered secondary to the primary function of the pole. If the primary function of a pole serving as the host site for a small wireless facility becomes unnecessary, the pole shall not be retained for the sole purpose of accommodating the small wireless facility and the small wireless facility and all associated equipment shall be removed.

(4) Wooden pole design standards. In addition to complying with the general standards in subsections (1) and (2) of this section, small wireless facilities attached to existing or replacement wooden utility poles and other wooden poles inside or outside the right-of-way shall conform to the following design criteria:

(a) The wooden pole at the proposed location may be replaced with a taller pole for the purpose of accommodating a small wireless facility; provided, that the replacement pole shall not exceed a height that is a maximum of 10 feet taller than the existing pole, unless a further height increase is required and confirmed in writing by the pole owner and that such height extension is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wireline facilities.

(b) A pole extender may be used instead of replacing an existing pole, but may not increase the height of the existing pole by more than 10 feet, unless a further height increase is required and confirmed in writing by the pole owner and that such height increase is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wireline facilities. A “pole extender” as used herein is an object affixed between the pole and the antenna for the purpose of increasing the height of the antenna above the pole. The pole extender shall be painted to approximately match the color of the pole and shall substantially match the diameter of the pole measured at the top of the pole.

(c) Replacement wooden poles must either match the approximate color and materials of the replaced pole or shall be the standard new wooden pole used by the pole owner in the city.

(d) The diameter of a replacement pole shall comply with the city’s setback and sidewalk clearance requirements and shall not be more than a 25 percent increase of the existing utility pole measured at the base of the pole or the otherwise standard size used by the pole owner.

(e) All cables and wires shall be routed through conduits along the outside of the pole. The outside conduit shall be colored or painted to match the pole. The number of conduits shall be minimized to the number technically necessary to accommodate the small wireless facility.

(f) To the extent technically feasible, antennas, equipment enclosures, and all ancillary equipment, boxes and conduit shall be colored or painted to match the approximate color of the surface of the wooden pole on which they are attached.

(g) Antennas shall not be mounted more than 12 inches from the surface of the wooden pole.

(h) Antennas should be placed in an effort to minimize visual clutter and obtrusiveness. Multiple antennas are permitted on a wooden pole; provided, that each antenna shall not be more than three cubic feet in volume.

(i) A canister antenna may be mounted on top of an existing or replacement wooden pole, which may not exceed the height requirements described in subsection (4)(a) of this section. A canister antenna mounted on the top of a wooden pole shall not exceed 16 inches in diameter, measured at the top of the pole, and to the extent technically feasible, shall be colored or painted to match the pole. The canister antenna must be placed to look as if it is an extension of the pole. In the alternative, the applicant may install a side-mounted canister antenna, so long as the inside edge of the antenna is no more than 12 inches from the surface of the wooden pole. All cables shall be concealed either within the canister antenna or within a sleeve between the antenna and the wooden pole.

(j) The farthest point of any antenna or equipment enclosure may not extend more than 28 inches from the face of the pole.

(k) An omnidirectional antenna may be mounted on the top of an existing wooden pole, provided such antenna is no more than four feet in height and is mounted directly on the top of a pole or attached to a sleeve made to look like the exterior of the pole as close to the top of the pole as technically feasible. All cables shall be concealed within the sleeve between the bottom of the antenna and the mounting bracket.

(l) All related antenna equipment, including but not limited to ancillary equipment, radios, cables, associated shrouding, microwaves, and conduit which are mounted on wooden poles, shall not be mounted more than six inches from the surface of the pole, unless a further distance is technically required and is confirmed in writing by the pole owner.

(m) Equipment for small wireless facilities must be attached to the wooden pole, unless otherwise permitted to be ground mounted, pursuant to subsection (4)(a) of this section. The equipment must be placed in the smallest enclosure possible for the intended purpose. The equipment enclosure and all other wireless equipment associated with the utility pole, including wireless equipment associated with the antenna, and any preexisting associated equipment on the pole, may not exceed 28 cubic feet. Multiple equipment enclosures may be acceptable if designed to more closely integrate with the pole design and do not cumulatively exceed 28 cubic feet. The applicant is encouraged to place the equipment enclosure(s) behind any banners or road signs that may be on the pole; provided, that such location does not interfere with the operation of the banners or signs, or the small wireless facility.

(n) An applicant who desires to enclose both its antennas and equipment within one unified enclosure may do so; provided, that such enclosure is the minimum size necessary for its intended purpose and the enclosure and all other wireless equipment associated with the pole, including wireless equipment associated with the antenna and any preexisting associated equipment on the pole does not exceed 28 cubic feet. The unified enclosure may not be placed more than six inches from the surface of the pole, unless a further distance is required and confirmed in writing by the pole owner. To the extent possible, the unified enclosure shall be placed so as to appear as an integrated part of the pole or behind banners or signs; provided, that such location does not interfere with the operation of the banners or signs.

(o) The visual effect of the small wireless facility on all other aspects of the appearance of the wooden pole shall be minimized to the greatest extent possible.

(p) The use of the wooden pole for the siting of a small wireless facility shall be considered secondary to the primary function of the pole. If the primary function of a pole serving as the host site for a small wireless facility becomes unnecessary, the pole shall not be retained for the sole purpose of accommodating the small wireless facility and the small wireless facility and all associated equipment shall be removed.

(5) Small wireless facilities on new poles in the rights-of-way or in a design zone. In addition to complying with the general standards in subsections (1) and (2) of this section, small wireless facilities proposed to be attached to new poles or in a design zone shall comply with following:

(a) New poles within the rights-of-way are only permitted if the applicant can establish that:

(i) The proposed small wireless facility cannot be located on an existing utility pole or light pole, electrical transmission tower or on a site outside of the public rights-of-way such as a public park, public property, building, transmission tower or in or on a nonresidential use in a residential zone, whether by roof or panel mount or separate structure;

(ii) The proposed small wireless facility receives approval for a concealment element design, as described in this subsection;

(iii) The proposed small wireless facility also complies with Shoreline Management Act, Growth Management Act, and State Environmental Policy Act, if applicable; and

(iv) No new poles shall be located in a critical area or associated buffer required by the city’s environmentally critical areas ordinance, Chapter 19.145 FWRC, except when determined to be exempt pursuant to said ordinance.

(b) An application for a new pole is subject to administrative review by the director.

(c) All new poles shall conform to the city’s standard pole design established in the city’s public works development standards. If no existing metered service is available, the applicant shall provide new metered electrical service. If the city’s standard pole design is technically infeasible, the new pole shall meet the following:

(i) The concealment element design shall include the design of the screening, fencing, or other concealment technology for a tower, pole, or equipment enclosure, and all related transmission equipment or facilities associated with the proposed small wireless facility, including but not limited to fiber and power connections.

(ii) The concealment element design should seek to minimize the visual obtrusiveness of the small wireless facility. The proposed pole or structure should have similar designs to existing neighboring poles in the rights-of-way, including similar height to the extent technically feasible. If the proposed small wireless facility is placed on a replacement pole in a design district, then the replacement pole shall be of the same general design as the pole it is replacing, unless the director otherwise approves a variation due to aesthetic or safety concerns. Any concealment element design for a small wireless facility on a decorative pole should attempt to mimic the design of such pole and integrate the small wireless facility into the design of the decorative pole. Other concealment methods include, but are not limited to, integrating the installation with architectural features or building design components, utilization of coverings or concealment devices of similar material, color, and texture – or the appearance thereof – as the surface against which the installation will be seen or on which it will be installed, landscape design, or other camouflage strategies appropriate for the type of installation. Applicants are required to utilize designs in which all conduit and wires are installed internally within the structure. Further, applicant designs should, to the extent technically feasible, comply with the generally applicable design standards adopted pursuant to this section.

(iii) If the director has already approved a concealment element design either for the applicant or another small wireless facility along the same public right-of-way or for the same pole type, then the applicant shall utilize a substantially similar concealment element design, unless it can show that such concealment element design is not physically or technically feasible, or that such design would undermine the generally applicable design standards.

(iv) Even if an alternative location is established pursuant to subsection (5)(a)(i) of this section, the director may determine that a new pole in the right-of-way is in fact a superior alternative based on the impact to the city, the concealment element design, the city’s comprehensive plan and the added benefits to the community.

(v) Prior to the issuance of a permit to construct a new pole or ground-mounted equipment in the right-of-way, the applicant must obtain a master lease agreement from the city to locate such new pole or ground-mounted equipment. This requirement also applies to replacement poles that are taller than the replaced pole, when the overall height of the replacement pole and the proposed small wireless facility is more than 60 feet.

(6) Small wireless facilities attached to cables. In addition to complying with the applicable general standards in subsection (1) of this section, all small wireless facilities mounted on existing cables strung between existing utility poles shall conform to the following standards:

(a) Each strand-mounted facility shall not exceed three cubic feet in volume;

(b) Only one strand-mounted facility is permitted per cable between any two existing poles on an existing cable;

(c) The strand-mounted devices shall be placed as close as feasible to the nearest utility pole, in no event more than five feet from the pole unless that location is technically infeasible or is not allowed by the pole owner for safety clearance;

(d) No strand-mounted device shall be located in or above the portion of the roadway open to vehicular traffic;

(e) Ground-mounted equipment to accommodate a shared mounted facility is not permitted except when placed in preexisting equipment cabinets or required by a third party electrical service provider;

(f) Pole-mounted equipment shall comply with the requirements of subsections (6)(a) and (b) of this section; and

(g) Such strand-mounted devices must be installed to cause the least visual impact and without excess exterior cabling or wires (other than the original strand).

(7) Small wireless facilities attached to existing buildings. In addition to complying with the applicable general standards in subsection (1) of this section, all small wireless facilities attached to existing buildings shall conform to the following design criteria:

(a) Small wireless facilities may be mounted to the sides of a building if the antennas do not interrupt the building’s architectural theme.

(b) The interruption of architectural lines or horizontal or vertical reveals is discouraged.

(c) New architectural features such as columns, pilasters, corbels, or other ornamentation that conceal antennas may be used if it complements the architecture of the existing building.

(d) Small wireless facilities shall utilize the smallest mounting brackets necessary in order to provide the smallest offset from the building.

(e) Skirts or shrouds shall be utilized on the sides and bottoms of antennas in order to conceal mounting hardware, create a cleaner appearance, and minimize the visual impact of the antennas. Exposed cabling/wiring is prohibited.

(f) To the extent technically feasible, small wireless facilities shall be painted and textured to match the adjacent building surfaces.

(Ord. No. 21-906, § 5, 1-19-21.)

The following zones are designated as design zones for the purpose of the application of the provisions of this chapter:

(1) City center core (CC-C);

(2) City center frame (CC-F);

(3) Designated landmark districts.

(Ord. No. 21-906, § 5, 1-19-21.)

(1) Application. Upon receipt of a complete application for a major wireless communication facility, the application shall be processed as a process II application; provided, that temporary major WCFs are subject to process I review. See Chapters 19.60 and 19.55 FWRC.

(2) Public notice. Notice shall be provided as required for process I and II applications.

(3) Review. The director shall review the application for conformance with the application requirements and review criteria to determine whether the application is consistent with this chapter.

(4) Decision. A permit may be granted, granted with conditions pursuant to this chapter and the code, or denied. Any condition reasonably required to enable the proposed use to meet the standards of this chapter and code may be imposed. If the application cannot meet the standards of this chapter through the imposition of reasonable conditions, the application shall be denied.

(Ord. No. 21-906, § 5, 1-19-21.)

(1) Process II permit applications for major WCFs, excluding temporary major WCFs, shall include the following minimum information in addition to that required for the underlying permit review process:

(a) A diagram or map showing the primary viewshed of the proposed facility.

(b) Three photo simulations of the proposed facility from affected properties and/or public rights-of-way at varying distances. These photo simulations should include examples of camouflage and stealth installation options, if applicable.

(c) Architectural elevations of proposed facility and site.

(d) If applicable, a propagation map of the proposed major WCF at the requested height and an explanation of the need for that facility at that height and in that location.

(e) An inventory of other major WCF sites operated by the applicant and all other service providers within a half-mile radius of the proposed major WCF location.

(f) A site/landscaping plan showing the specific placement of the major WCF on the site; showing the location of existing structures, trees, and other significant site features; and indicating type and locations of proposed plant materials used to screen WCF components.

(g) If the major WCF equipment cabinet is proposed to be located above ground, an explanation of why it is impracticable to locate the cabinet underground.

(h) Documentation of efforts to collocate on existing facilities.

(i) In proposing a major WCF in a particular location, the applicant shall analyze the feasibility of locating the proposed major WCF in each of the higher priority locations and document, to the city’s satisfaction, why locating the major WCF in each higher priority location and/or zone is not being proposed.

(j) If proposing a new tower, the applicant shall submit a signed statement indicating they agree to allow for the potential collocation of additional major WCF equipment by other service providers on the applicant’s structure or within the same wireless site location. If an applicant contends that future collocation is not possible on its site, it must submit a technical study documenting why.

(k) The city may require the applicant, at the applicant’s expense, to provide any additional information, mapping, studies, materials, inspections, or reviews that are reasonably necessary to implement this chapter and to require that such information, studies, mapping, materials, inspections, and reviews be reviewed by a qualified professional under contract to the city, also at the applicant’s expense.

(2) Process I permit applications for temporary WCFs shall include the following minimum information:

(a) Documentation of previously permitted facility, if applicable.

(b) Site plan showing proposed location of temporary WCF in relationship to the location of the previously permitted facility and property boundaries, including dimensions from the property lines and height of proposed facility.

(c) Mockups or other visual representations of the proposed facility.

(Ord. No. 21-906, § 5, 1-19-21.)

The following sites shall be the required order of location for proposed major WCFs, including antenna and equipment enclosures. In order of preference, the prioritized locations for major WCFs are as follows:

(1) Structures located in the BPA transmission easement. A major WCF may be located on any existing support structure currently located in the easement upon which are located U.S. Department of Energy/Bonneville Power Administration (“BPA”) power lines regardless of underlying zoning.

(2) Existing wireless sites and towers. A major WCF may be located on an existing site or tower where a legal WCF is currently located regardless of underlying zoning. If an existing wireless site or tower is located within a half-mile radius of a proposed major WCF location, the applicant shall document why collocation on the existing wireless site or tower is not being proposed, regardless of whether the existing site or tower is located within the jurisdiction of the city.

(3) Institutional uses and structures. If the city, a utility, institutional uses, or other public agency consents to such location, a major WCF may be located on existing structures, such as water towers, utility structures, fire stations, bridges, churches, schools, and other public buildings within all zoning districts, provided the public facilities are not located within public rights-of-way.

(4) Appropriate zoning districts. A major WCF may be located in or on other public or private property, buildings, or structures within nonresidential zoning districts as allowed by the zoning chart.

(5) If the applicant demonstrates to the city’s satisfaction that it is not technically feasible to site in a prioritized location, or as expressly allowed by the zoning chart, the city reserves the right to approve alternative site locations if a denial would be in violation of the 1996 Telecommunications Act, as determined by the city through a process III review using the following test: Would denial of the application effectively prohibit the provision of service in violation of 47 USC 253 and/or 332?

(Ord. No. 21-906, § 5, 1-19-21.)

The following development standards shall be followed in the design, siting, and construction of a major WCF:

(1) Building- or structure-mounted major WCFs on existing buildings or structures outside of the public right-of-way. Major WCFs mounted on existing buildings and structures shall conform to the following development standards:

(a) The equipment cabinet for the major WCF shall meet all requirements of subsection (4) of this section.

(b) The maximum size of the major WCF panels and number of antennas shall be the minimum necessary to achieve the service objective.

(c) The combined antennas and supporting structure may extend up to, but not exceed, 15 feet above the existing or proposed roof or other structure regardless of whether the existing structure is in conformance with the existing maximum height of the underlying zone as outlined in the use zone charts, Division VI, Zoning Regulations, of this title. Antennas may be mounted to rooftop appurtenances, as identified in FWRC 19.110.070, provided they do not extend beyond 15 feet above the maximum height of the structure as defined per FWRC 19.05.080, H definitions.

(d) The antennas are mounted on the building or structure such that they are located and designed to minimize visual and aesthetic impacts to surrounding land uses and structures.

(e) It is the applicant’s responsibility to prove that the proposed size of the major WCF panels and number of antennas is the minimum size and number necessary.

(f) Within residential zones, equipment enclosures, and buildings to house equipment cabinets located above ground shall meet all applicable setback requirements for residential development of the underlying zone. For developed sites in nonresidential zones, the setback requirements for the equipment enclosure shall be those of the principal use of the subject property. For undeveloped sites in nonresidential zones, the setback requirements for the equipment enclosure shall be 20 feet for front, side, and rear yards.

(g) The major WCF shall comply with all other applicable standards of this Code.

(2) New freestanding major WCFs. All requirements of the associated land use zoning charts must be met. Additionally, these structures shall conform to the following site development standards:

(a) Placement of a freestanding major WCF shall be denied if placement of the antennas on an existing structure can meet the applicant’s technical and network location requirements.

(b) Monopoles shall be the only freestanding structures allowed in the city; except that a lattice tower may be used to accommodate the collocation of four or more service providers as part of a joint permit application.

(c) A freestanding major WCF may not be located closer than 500 feet to an existing freestanding major WCF whether it is owned or utilized by the applicant or another service provider, unless the applicant demonstrates that a closer distance is justified by technical need or better screening result.

(d) A freestanding major WCF, including the support structure and associated equipment, shall comply with all required setbacks of the zoning district in which it is located. For developed sites, the setback requirements shall be those of the principal use of the subject property. For undeveloped sites, the setback requirements for new freestanding major WCFs shall be 20 feet for front, side, and rear yards.

(e) Freestanding major WCFs shall be designed and placed on the site in a manner that takes maximum advantage of existing trees, mature vegetation, and structures so as to:

(i) Use existing site features to screen as much of the total WCF as feasible from prevalent views; and/or

(ii) Use existing site features as a background so that the total major WCF blends into the background with increased distances.

(f) In reviewing the proposed placement of a facility on the site and any associated landscaping, the city may condition the application to supplement existing trees and mature vegetation to more effectively screen the facility.

(3) Standards for equipment cabinets. Equipment cabinets shall either:

(a) Be placed in a new or existing completely enclosed building. It is the applicant’s responsibility to prove that the proposed size of the building is the minimum size necessary to house the equipment; or

(b) Be placed above ground in a new or existing equipment enclosure. It is the applicant’s responsibility to prove that the proposed size of the equipment enclosure is the minimum size necessary to house the equipment.

If the equipment enclosure is located within a new enclosed building, the building shall conform to all applicable development standards and design guidelines for the underlying zone. The enclosed building shall be architecturally designed and shall be compatible with existing buildings on the site. The enclosed building shall be screened to the greatest extent feasible from any street and/or adjacent properties by landscaping and/or topography.

(4) Standards for equipment enclosures.

(a) Equipment enclosures shall not be allowed within the right-of-way.

(b) In residential zones, equipment enclosures located above ground on properties shall meet all applicable setback requirements for residential development of the underlying zone. For developed sites in nonresidential zones, the setback requirements for the equipment enclosure shall be those of the principal use of the subject property. For undeveloped sites in nonresidential zones, the setback requirements for the equipment enclosure shall be 20 feet for front, side, and rear yards; however, for undeveloped sites in nonresidential zones, if the applicant can demonstrate that the equipment enclosure can blend in harmoniously with the existing site and complement the landscape buffer requirements of the underlying zone, as determined appropriate by the director, the equipment enclosure can be located inside of the 20-foot setback but outside of the required landscaping buffer of the underlying zone.

(c) Equipment enclosures shall be designed, located, and screened to minimize adverse visual impacts from the public right-of-way and adjacent properties.

(d) Equipment enclosures shall be designed, located, and screened to minimize adverse visual and functional impacts on the pedestrian environment.

(e) Equipment enclosures and screening shall not adversely impact vehicular sight distance.

(5) Security fencing.

(a) No fence shall exceed six feet in height as stipulated in FWRC 19.125.160(5).

(b) Security fencing shall be effectively screened from view through the use of appropriate landscaping materials.

(c) Chain-link fences shall be painted or coated with a nonreflective color.

(6) Cumulative effects. The city shall consider the cumulative visual effects of major WCFs mounted on existing structures and/or located on a given permitted site in determining whether additional permits may be granted so as to not adversely affect the visual character of the city.

(7) Signage. No wireless equipment shall be used for the purpose of mounting signs or message displays of any kind, except for small signs used for identification, hazard warning, and name of service provider; provided, that safety signage as required by applicable laws, regulations, and standards is permitted.

(8) Use zone charts, height and permit process.

(a) The final approval authority for applications made under this section shall be defined by the appropriate permit process as outlined in the use zone charts, Division VI, Zoning Regulations, of this title.

(b) Allowed heights shall be established relative to the appropriate process as outlined in the use zone charts, Division VI, Zoning Regulations, of this title.

(Ord. No. 21-906, § 5, 1-19-21.)

A major WCF permit issued under this chapter must be substantially implemented within three years from the date of final approval or the permit shall expire. The holder of the permit may request one extension to be limited to 12 months if the applicant cannot construct the major WCF within the original three-year period.

(Ord. No. 21-906, § 5, 1-19-21.)

Permit applications made under this chapter to locate a major WCF on property on which a nonconformance is located shall be exempt from the requirements of Chapter 19.30 FWRC, Nonconformance, to bring the property into conformance as follows:

(1) To provide the public improvements required by Chapter 19.135 FWRC, Development Improvements, as stipulated in FWRC 19.30.110.

(2) To bring the property into conformance with the development regulations prescribed in FWRC Title 16 relating to water quality as stipulated in FWRC 19.30.120(1)(g). All other requirements of FWRC 19.30.120 to bring the property into conformance with the development regulations prescribed in FWRC Title 16 relating to water quality shall apply.

(Ord. No. 21-906, § 5, 1-19-21.)

(1) As determined by the director, a temporary major WCF may be deployed and operated with a process I approval as follows:

(a) The temporary major WCF creates no adverse public health or safety impacts.

(b) Only one temporary major WCF shall be permitted per single property.

(c) Prior to installation of the temporary major WCF, the applicant shall provide the city with a cash bond in an amount to be determined by the director in order to guarantee performance of future removal and restoration of the site.

(2) Temporary major WCF may be permitted for a duration not to exceed:

(a) Up to 90 days if for a community event; or

(b) Up to six months if the temporary major WCF applicant can demonstrate to the city’s satisfaction that the permanent underlying structure is being redeveloped.

(Ord. No. 21-906, § 5, 1-19-21.)

A permittee shall cooperate with other service providers in collocating additional antennas on support structures and/or on existing buildings and sites, provided said proposed collocatees have received a permit for such use at said site from the city. A permittee shall allow other service providers to collocate and share the permitted site, provided such shared use does not give rise to a technical impairment of the permitted use (as opposed to a competitive conflict or financial burden). In the event a dispute arises as to whether a permittee has exercised good faith in accommodating a new service provider, the city may require a third party technical study at the expense of the permittee. Failure to comply with this provision may result in a revocation of the permit.

(Ord. No. 21-906, § 5, 1-19-21.)

(1) Abandonment and removal. The owner or operator of a WCF shall provide the city with a copy of the notice of intent to cease operations required by the FCC at the time it is submitted to the FCC. Additionally, the owner or operator of a WCF shall notify the city in writing of the abandonment of a particular facility within 30 days of the date the WCF is abandoned. The abandoned WCF shall be removed by the facility owner within 90 days of the date the WCF is abandoned, the permit is revoked, or if the facility falls into disrepair and is not maintained, as determined by the city. Disrepair includes structural features, paint, landscaping, or general lack of maintenance that could result in adverse safety or visual impacts. If there are two or more users of a single tower, then the city’s right to remove the tower shall not become effective until all users abandon the tower.

(2) Partial abandonment and removal. If the abandoned antennas on any major WCF are removed or relocated to a point where the top 20 percent or more of the height of the supporting structure is no longer in use, the major WCF shall be considered partially abandoned. The owner or operator of any partially abandoned major WCF shall notify the city in writing of the partial abandonment of a particular facility within 30 days of the date the major WCF is partially abandoned. The owner of the major WCF shall have 120 days from the date of partial abandonment to collocate another service on the major WCF. If another service provider is not added to the major WCF within the allowed 120-day collocation period, the owner shall, in 210 days of partial abandonment, dismantle and remove that portion of the supporting structure that exceeds the point at which the highest operational antenna is mounted.

(3) Removal and lien. If the owner or operator fails to remove the abandoned or partially abandoned facility upon 210 days of its abandonment or partial abandonment, the responsibility for removal falls upon the property owner on which the abandoned or partially abandoned facility is located. The city may enforce this subsection using the procedures as set forth in Chapter 1.15 FWRC.

(Ord. No. 21-906, § 5, 1-19-21.)

A permit issued under this chapter may be revoked, suspended or denied for any one or more of the following reasons:

(1) Failure to comply with any federal, state, or local laws or regulations;

(2) Failure to comply with any of the terms and conditions imposed by the city on the issuance of a permit;

(3) When the permit was procured by fraud, false representation, or omission of material facts;

(4) Failure to cooperate with other major WCF providers in collocation efforts as required by this chapter;

(5) Failure to comply with federal standards for RF emissions; and

(6) Pursuant to FWRC 19.05.300(3), the city shall use the same criteria to determine if the permit shall be revoked as it used to grant the permit.

(Ord. No. 21-906, § 5, 1-19-21.)

Cross references: Shoreline management regulations, FWRC Title 15; drainage program, FWRC Title 16; density regulations for subdivision improvements, FWRC 18.60.020; nonconforming uses, structures, development, etc., requirements for conformance, Chapter 19.30 FWRC; landscape requirements, Chapter 19.125 FWRC; site plan required for commercial and industrial uses and activities that are conducted out of doors, FWRC 19.125.170; sign requirements, Chapter 19.140 FWRC; administration of the provisions regarding environmentally critical areas, Chapter 19.145 FWRC, Article I; zoning regulations, FWRC Title 19, Division VI.

Under 47 USC 1455 and relevant Federal Communications Commission (“FCC”) regulations, a local jurisdiction must approve a modification of a wireless facility qualifying as an eligible facility request. Accordingly, the city adopts the following provisions for review of applications for eligible facility requests as defined by this chapter and federal law.

(Ord. No. 21-906, § 6, 1-19-21.)

(1) Definitions. The following definitions shall apply to eligible facilities requests only as described in this chapter:

“Base station” means a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined herein nor any equipment associated with a tower. Base station includes, without limitation:

(i) Equipment associated with wireless communications services as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

(ii) Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems (“DAS”) and small wireless networks).

(iii) Any structure other than a tower that, at the time the relevant application is filed (with jurisdiction) under this section, supports or houses equipment described in subsections (i) and (ii) of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.

(iv) The term does not include any structure that, at the time the eligible facilities request application is filed with the city, does not support or house equipment described in subsections (i) and (ii) of this definition.

“Collocation” means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communication purposes.

“Eligible facilities request” means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:

(i) Collocation of new transmission equipment;

(ii) Removal of transmission equipment; or

(iii) Replacement of transmission equipment.

“Eligible support structure” means any tower or base station as defined in this section; provided, that it is existing at the time the relevant application is filed with the city.

Existing. A constructed tower or base station is existing if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process; provided, that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.

Site. For towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground. The current boundaries of a site are the boundaries that existed as of the date that the original support structure or a modification to that structure was last reviewed and approved by a state or local government, if the approval of the modification occurred prior to the Spectrum Act or otherwise outside of the Section 6409(a) process.

Substantial change. A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:

(i) For towers other than towers in the public right-of-way, it increases the height of the tower by more than 10 percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10 percent or more than 10 feet, whichever is greater;

(ii) For towers other than towers in the public right-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;

(iii) For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public right-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10 percent larger in height or overall volume than any other ground cabinets associated with the structure;

(iv) It entails any excavation or deployment outside the current site, except that, for towers other than towers in the public rights-of-way, it entails any excavation or deployment of transmission equipment outside of the current site by more than 30 feet in any direction. The site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the site;

(v) It would defeat the concealment elements of the eligible support structure; or

(vi) It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified above.

“Tower” means any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul and the associated site.

“Transmission equipment” means equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

(Ord. No. 21-906, § 6, 1-19-21.)

(1) Application. The director shall prepare and make publicly available an application form that shall be limited to the information necessary for the city to consider whether an application is an eligible facilities request. The application may not require the applicant to demonstrate a need or business case for the proposed modification.

(Ord. No. 21-906, § 6, 1-19-21.)

Upon receipt of an application for an eligible facilities request, the director shall review such application to determine whether the application qualifies as an eligible facilities request.

(Ord. No. 21-906, § 6, 1-19-21.)

Applications for an eligible facilities request are reviewed by the director or his/her designee, who will approve the application within 60 days of the date an applicant submits an eligible facilities request application, unless the director or designee determines that the application does not qualify under FWRC 19.257.020.

(Ord. No. 21-906, § 6, 1-19-21.)

The 60-day review period begins to run when the application is filed and may be tolled only by mutual agreement by the city and the applicant or in cases where the city determines that the application is incomplete. The time frame for review of an eligible facilities request is not tolled by a moratorium on the review of applications.

(1) To toll the time frame for incompleteness, the city shall provide written notice to the applicant within 30 days of receipt of the application, clearly and specifically delineating all missing documents or information required in the application.

(2) The time frame for review begins running again when the applicant makes a supplemental submission in response to the city’s notice of incompleteness.

(3) Following a supplemental submission, the city will notify the applicant within 10 days if the supplemental submission did not provide the information identified in the original notice delineating missing information. The time frame is tolled in the case of second or subsequent notices pursuant to the procedures identified in this subsection. Second or subsequent notice of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.

(Ord. No. 21-906, § 6, 1-19-21.)

If the city determines that the applicant’s request does not qualify as an eligible facilities request, the city shall deny the application.

(Ord. No. 21-906, § 6, 1-19-21.)

In the event the city fails to approve or deny an eligible facilities request within the time frame for review (accounting for any tolling), the request shall be deemed granted. The deemed grant 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 granted.

(Ord. No. 21-906, § 6, 1-19-21.)

This chapter establishes special regulations that govern the keeping of animals in any zone where a dwelling unit is permitted. The keeping of cats and dogs is permitted in any residential zone or other zone where a dwelling unit is permitted, subject to the provisions of FWRC Title 9, Animals. The keeping of animals other than cats and dogs is permitted in any residential zone or other zone where a dwelling unit is permitted, subject to the provisions of this chapter. However, any provision of this chapter that is inconsistent with a specific provision applicable to suburban estate zones does not apply in suburban estate zones.

(Ord. No. 12-714, § 4, 1-17-12; Ord. No. 07-573, § 37, 12-4-07; Ord. No. 02-424, § 3, 9-17-02; Ord. No. 90-43, § 2(115.20(1)), 2-27-90. Code 2001 § 22-981.)

Animals will be regulated according to the following categories:

(1) Household pets. The following animals will be regulated as household pets:

(a) Four rabbits or less per dwelling unit.

(b) Gerbils.

(c) Guinea pigs.

(d) Hamsters.

(e) Mice.

(f) Caged birds.

(g) Nonvenomous reptiles and amphibians.

(h) Other animals normally associated with a dwelling unit, and which are generally housed within the dwelling unit.

(2) Small domestic animals. The following animals will be regulated as small domestic animals:

(a) More than four rabbits per dwelling unit.

(b) Fowl. Refer to FWRC 19.260.055 for chickens and ducks on lots less than 35,000 square feet and citywide rooster limitations.

(3) Large domestic animals. The following animals will be regulated as large domestic animals:

(a) Horses.

(b) Cattle.

(c) Sheep.

(d) Pigs.

(e) Goats.

(f) Other grazing or foraging animals.

(4) Bees.

(Ord. No. 12-714, § 5, 1-17-12; Ord. No. 11-681, § 4, 1-4-11; Ord. No. 90-43, § 2(115.20(2)), 2-27-90. Code 2001 § 22-982.)

Nothing in this chapter eliminates the need to comply with applicable state law and any other ordinance of the city regulating the keeping of animals.

(Ord. No. 90-43, § 2(115.20(3)), 2-27-90. Code 2001 § 22-983.)

The keeping of animals under the provisions of this chapter must be clearly accessory to the principal residential use of the subject property.

(Ord. No. 90-43, § 2(115.20(4)), 2-27-90. Code 2001 § 22-984.)

Household pets, as that term is defined in this chapter, may be kept on the subject property.

(Ord. No. 90-43, § 2(115.20(5)), 2-27-90. Code 2001 § 22-985.)

This section allows limited numbers of chickens and ducks for residential lots containing less than 35,000 square feet subject to the following regulations:

(1) Number of animals permitted. Any combination of four chickens and/or ducks may be kept on lots up to 34,999 square feet. Regulations associated with small domestic animals set forth in FWRC 19.260.060 apply to lots 35,000 square feet and greater.

(2) Pens, structures and enclosures. A suitable pen, structure or enclosure to house the animals shall be provided and maintained in a clean condition at all times. All pens, structures and enclosures shall be set back a minimum of 10 feet from side and rear property lines and are not permitted in the area between the primary dwelling unit and the front property line.

(3) Roosters. Roosters are not permitted within the city except for those lots zoned suburban estate.

(Ord. No. 22-932, § 25, 5-3-22; Ord. No. 11-681, § 3, 1-4-11.)

Small domestic animals, as that term is defined in this chapter, may be kept on the subject property subject to the following regulations:

(1) Minimum lot size. The subject property must be at least 35,000 square feet in area.

(2) Maximum number of animals. No more than 20 small domestic animals may be kept on a lot containing 35,000 square feet of area. With the exception of chickens and ducks, one additional small domestic animal is permitted for each additional 500 square feet of lot area. In addition, offspring from one female are permitted at any time, until those offspring are able to live independently.

(3) Pens, structures and enclosures. The applicant shall provide a suitable pen, structure or enclosure to house the animals and must maintain this structure, pen or enclosure in a clean condition at all times. All pens, structures and enclosures must be set back at least 40 feet from each property line.

(4) Limitations under certain circumstances. The city may limit the number of animals allowed to less than the maximum stated in this section if this is reasonably necessary to protect nearby uses or the city considering the following factors:

(a) The proximity of the animals to dwelling units both on and off the subject property.

(b) The lot size and isolation of the subject property.

(c) The compatibility with surrounding uses.

(d) Potential noise, pollution and other impacts.

(Ord. No. 22-932, § 26, 5-3-22; Ord. No. 11-681, § 5, 1-4-11; Ord. No. 90-43, § 2(115.20(6)), 2-27-90. Code 2001 § 22-986.)

Large domestic animals, as that term is defined in this chapter, may be kept on the subject property subject to the following regulations:

(1) Minimum lot size. The subject property must be at least 70,000 square feet in area.

(2) Maximum number of animals. No more than two large domestic animals may be kept on a lot containing 70,000 square feet of area. One additional large domestic animal is permitted for each additional 35,000 square feet of lot area. In addition, sucklings from one female are permitted at any time.

(3) Pens and structures. The applicant shall provide a suitable pen or structure to house the animals and must maintain this structure or pen in a clean condition at all times. All pens or structures must be set back at least 40 feet from each property line.

(4) Roaming and grazing areas. The subject property must contain an area of at least 14,500 contiguous square feet configured in a suitable manner to be used as a roaming, grazing or paddock area for the animals. This area must be exclusive of barns, storage sheds and other structures and must be accessible to trucks to deliver feed and remove manure. All roaming, grazing and paddock areas must be setback at least 20 feet from each property line.

(5) Exemptions to setbacks. The setback requirements of subsections (3) and (4) of this section may be modified or waived by the city if the abutting property owner records a statement with the county to run with the property giving permission for the structure or pen or roaming, grazing or paddock area to be closer to the property line than the required setback and/or for the structure, pen or area to extend across the property line.

(6) Manure piles. Manure piles must be located and maintained in a manner to reduce or eliminate any impacts upon adjoining properties and water quality.

(7) Limitations under certain circumstances. The city may limit the number of animals allowed to less than the maximum stated in this chapter if this is reasonably necessary to protect nearby uses or the city considering the following factors:

(a) The proximity of the animals to dwelling units both on and off the subject property.

(b) The lot size and isolation of the subject property.

(c) The compatibility with surrounding uses.

(d) Potential noise, pollution and other impacts.

(Ord. No. 90-43, § 2(115.20(7)), 2-27-90. Code 2001 § 22-987.)

Bees may be kept on the subject property subject to the following regulations:

(1) Minimum lot size. The subject property must be at least 15,000 square feet in area.

(2) Number of hives. Two hives are permitted if the subject property is less than 20,000 square feet in area. Five hives are permitted if the subject property is between 20,000 and 60,000 square feet in area. A maximum of 15 hives are permitted if the subject property is more than 60,000 square feet in area.

(3) Location of hives. The hives must be at least 25 feet from each property line unless one of the following circumstances applies, in which case the hives must be at least 10 feet from each property line:

(a) The hives are at least eight feet above the adjacent ground.

(b) The hives are less than six feet above the adjacent ground and are behind a solid fence or hedge which is at least six feet in height and parallel to any property within 25 feet of the hives and extending at least 20 feet beyond the hive in both directions.

(4) Registration. All colonies shall be registered with the state department of agriculture prior to April of each year in which they are kept.

(5) Housing and maintenance. All colonies must be kept in movable frame hives. Adequate space must be maintained around hives to prevent overcrowding and swarming. Hives must be requeened following any swarming or aggressive behavior.

(Ord. No. 90-43, § 2(115.20(8)), 2-27-90. Code 2001 § 22-988.)

The city may require a bond under Chapter 19.25 FWRC to ensure that the subject property is maintained in a clean condition.

(Ord. No. 90-43, § 2(115.20(9)), 2-27-90. Code 2001 § 22-989.)

Cross reference: Animal control regulations and animal related businesses, FWRC Title 9.

The purpose of this chapter is to: (1) support urban agriculture uses, including community gardens, urban farms, farmers markets, farm stands, and cottage food operations; (2) provide opportunities for Federal Way residents to access locally produced healthy foods; (3) increase local food security; (4) reduce greenhouse gas production related to transport of fresh produce from distant locations; (5) provide additional economic opportunities for Federal Way citizens; and (6) ensure that urban agriculture uses are compatible with surrounding land uses.

(Ord. No. 13-754, § 19, 12-3-13.)

This chapter establishes special regulations that govern urban agriculture. Urban agriculture uses include community gardens, urban farms, farmers markets, farm stands, and cottage food operations as defined in Chapter 19.05 FWRC. Urban agriculture does not include landscaping or gardening that is incidental to any permitted use. In recognition of site-specific opportunities and constraints, the director shall have the authority to allow for departure from the specific or numeric provisions contained in these regulations, provided the end result is consistent with the purpose statement of this chapter.

(Ord. No. 13-754, § 19, 12-3-13.)

(1) Community garden and urban farm uses are permitted in any zone.

(a) Applicants for community garden and urban farm uses shall submit a community garden/urban farm management plan for director approval that addresses the potential impacts on surrounding uses and natural systems and includes the following:

(i) Off-street parking, if applicable;

(ii) Garden/farm management rules that will govern garden/farm users and/or employees;

(iii) Location, size, and type of any proposed accessory structures;

(iv) Processing and/or sale of food produced on site;

(v) Storage and application of agricultural chemicals, including fertilizers and pesticides, and a hazardous material checklist if site is located within a designated wellhead protection zone;

(vi) Location and plans for composting facilities;

(vii) Mechanical equipment to be used on site;

(viii) Stormwater management; and

(ix) Soil testing if site is located within area designated as potentially contaminated at greater than 20 parts per million (ppm) by the Tacoma smelter plume.

(b) Written notice shall be provided by mail for community garden and urban agriculture uses that are larger than 10,000 square feet in size and located within a residential zoning district, to persons receiving property tax statements for all properties within 300 feet of each boundary of the subject property. The notice shall contain the following information:

(i) The name of applicant and, if applicable, the project name.

(ii) The street address of the subject property, or if this not available, a description of the location of the property in nonlegal language, along with a vicinity map that identifies the subject property.

(iii) A statement of the right of any person to submit written comments to the director regarding the application within 14 days of the date of the notice.

(iv) A statement that only the applicant, persons who submit written comments to the director, or persons who specifically request a copy of the original decision may appeal the director’s decision.

(c) The director shall approve the proposed community garden/urban farm use upon finding that the proposal adequately addresses the following criteria:

(i) The proposed use does not negatively impact sensitive areas on or adjacent to the subject site;

(ii) The proposed use will not result in excessive noise or emissions that are not typically associated with operation of household mechanical equipment;

(iii) Applicable provisions of Chapter 19.120 FWRC, Clearing, Grading, and Tree and Vegetation Retention, are addressed;

(iv) On-site parking needs, if any, are addressed; and

(v) On-site contaminated soils, if any, are addressed.

(d) The director may condition or modify the community garden/urban agriculture proposal as necessary to ensure the above criteria are met.

(Ord. No. 13-754, § 19, 12-3-13.)

(1) Farmers markets are permitted as a temporary use in all zones subject to the requirements of Chapter 19.275 FWRC, Temporary Uses.

(2) Farmers markets are permitted as a permanent use in all nonresidential zones that allow retail use.

(Ord. No. 13-754, § 19, 12-3-13.)

(1) Farm stand uses are permitted in any zone as an accessory use to any permitted urban agriculture use for the purpose of on-site sale of urban agricultural products subject to the following criteria:

(a) Farm stands are limited to 200 square feet in area and shall be no more than 15 feet in height.

(b) No more than one farm stand shall be permitted on a subject site.

(c) Farm stands shall be designed to be temporary and portable structures and shall not be permanently affixed to the ground.

(d) See FWRC 19.262.080 for requirements related to on-site sale of urban agriculture products.

(Ord. No. 13-754, § 19, 12-3-13.)

(1) Cottage food operation uses are permitted in any zone as an accessory use to a permitted use subject to the following criteria:

(a) Cottage food operations shall adhere to the requirements of RCW 69.07.100 and 69.07.120.

(b) Cottage food operations shall adhere to the requirements of Chapter 19.270 FWRC, Home Occupations.

(Ord. No. 13-754, § 19, 12-3-13.)

Accessory structures supportive of the urban agriculture use are allowed on the subject property subject to the following regulations:

(1) Structures that are considered accessory to urban agriculture uses include greenhouses and sheds, and similar structures as determined by the director. Structures like hoophouses and coldframes that are less than six feet tall and are portable, not affixed to a foundation, and have no floor are typically not considered structures under this section. (See FWRC 19.262.050 for requirements specific to “farm stands.”)

(2) Accessory structures in residential zoning districts must adhere to the following requirements:

(a) The cumulative site area occupied by accessory structures supportive of urban agriculture shall not occupy more than 10 percent of the lot area, or 1,000 square feet, whichever is less.

(b) Accessory structures supportive of urban agriculture shall be equal to or less than 15 feet in height.

(Ord. No. 13-754, § 19, 12-3-13.)

(1) On-site sale of urban agriculture products at community garden or urban farm sites is limited to plants and food grown on site, or food products made from food grown on site, such as jams and pickles.

(2) On-site sale of urban agriculture products in residential zoning districts taking place via farm stands must adhere to the following requirements:

(a) On-site sales are limited to the calendar period between May 1st and October 31st.

(b) On-site sales are limited to the hours of 8:00 a.m. to 7:00 p.m.

(c) Commercial pickups and deliveries are limited to one a day.

(3) A business registration may be required per the requirements of FWRC Title 12. In general, business registration for on-site sale of urban agriculture products shall apply as follows:

(a) An applicant for an on-site sales use that meets the parameters of Chapter 19.275 FWRC may apply for a temporary business registration.

(b) An applicant for an on-site sales use associated with a principal residential use may apply for a home occupation business registration.

(Ord. No. 13-754, § 19, 12-3-13.)

(1) Generally. As limited by this section, accessory uses, buildings, and structures normally associated with a permitted use, building, or structure are permitted as part of that use, building, or structure. Accessory uses, buildings, or structures must be clearly secondary to the permitted principal uses, buildings, or structures.

(2) Authority of director. The director of community development services is authorized to determine if a particular accessory use, building, or structure is normally associated with, clearly secondary to, and actually accessory to the particular permitted principal use, building, or structure.

(3) Accessory building height and square footage limits. The height of accessory buildings and structures may not be taller than the primary building or structure regardless of the building height allowed by the zone, except in the case of ADUs which may be taller than the primary building or structure. The total gross square footage of the accessory building must also be less than the total gross square footage of the principal building on the subject property, except in the case of ADUs which may be equal in gross square footage to the principal building.

(4) Exceptions and limitations. Where more specific limitations and regulations apply under this title to particular accessory uses or structures, those limitations and regulations supersede the general statements in subsection (1) of this section.

(Ord. No. 23-963, § 13, 7-5-23; Ord. No. 22-932, § 27, 5-3-22; Ord. No. 08-585, § 3(Exh. A), 11-4-08; Ord. No. 90-43, § 2(115.10), 2-27-90. Code 2001 § 22-946.)

The regulations of this chapter apply to every residential use within the city.

(Ord. No. 91-87, § 12(115.65(1)), 2-5-91; Ord. No. 90-43, § 2(115.65(1)), 2-27-90. Code 2001 § 22-1066.)

The purpose of this chapter is to allow commercial occupations incidental to residential uses to be located in residences while providing protection to all residents from excessive noise, excessive traffic, nuisance, fire hazard and other possible effects of commercial uses being conducted in residential areas.

(Ord. No. 91-87, § 12(115.65(2)), 2-5-91; Ord. No. 90-43, § 2(115.65(2)), 2-27-90. Code 2001 § 22-1067.)

(1) A home occupation is permitted if it meets all of the following requirements:

(a) The structure in which the business is located must be located on the same subject property as the primary residence of the business owner.

(b) The business must be carried on by a family member(s) who resides on the same subject property.

(c) The use must have no outside storage, exterior indication, or outside activity.

(d) The use must not involve those heavy equipment, power tools, or power sources which are not common to a residential use.

(e) The use must not involve any pickups or deliveries by commercial vehicles over 26,000 pounds gross vehicle weight rating (GVWR) as defined in RCW 46.25.010.

(f) The use must not include more than four persons per day coming to the subject property for goods or services.

(g) The use must not create any noise, dust, glare, vibration, odor, smoke, or other impact adverse to a residential area.

(2) A home occupation which does not meet the requirements of subsection (1) of this section may be approved using process III, if:

(a) It will not harm the character of the surrounding neighborhood;

(b) It will not include outdoor storage or operation of machinery, commercial vehicles, building materials, or tools which will be visible or audible from or have an effect on other properties; and

(c) It does not create a condition which injures or endangers the comfort, repose, health, or safety of persons.

(Ord. No. 23-963, § 14, 7-5-23; Ord. No. 09-605, § 3(Exh. A), 3-3-09; Ord. No. 00-375, § 21, 2000; Ord. No. 91-87, § 12(115.65(3)), 2-5-91; Ord. No. 90-43, § 2(115.65(3)), 2-27-90. Code 2001 § 22-1068.)

Structures, other than the dwelling unit, used to house or support the home occupation may not exceed 1,000 square feet in area.

(Ord. No. 90-43, § 2(115.65(3)), 2-27-90. Code 2001 § 22-1070.)

Cross references: Licenses and business regulations, FWRC Title 12; business registration fee for home occupations, FWRC 12.05.090; animals, Chapter 19.260 FWRC.

The purpose of this chapter is to establish a mechanism to permit certain temporary uses and structures to be conducted on a short-term basis, and provide performance standards for regulating such uses and structures to ensure their compatibility with existing uses and to prevent conflicts between pedestrian or vehicular movement, access to utilities, or emergency response.

It is recognized that certain temporary uses, while creating short-term noise, parking, and traffic issues, are beneficial to the residents of the city and should be allowed. It is also recognized that certain temporary uses are also temporary businesses as defined in Chapter 12.25 FWRC.

(Ord. No. 12-716, § 3, 2-21-12; Ord. No. 94-209, § 3, 3-15-94; Ord. No. 91-112, § 1(127.05), 12-3-91. Code 2001 § 22-546.)

“Temporary uses” means all uses of a short-term nature or fixed duration, which do not require permanent construction and which are approved with a specific time limit.

The following categories of temporary uses are established:

(1) Class I temporary uses are temporary uses, such as seasonal retail sales of agricultural or horticultural products such as vegetable, fruit or flower stands; farmers’ markets; community festivals, circuses, carnivals, fairs, concerts or similar transient amusement, cultural, or recreational activities; fundraising events; outdoor sales, swap meets; temporary stands for the sale of items such as food, toys, jewelry, goods, art and crafts, and firewood; and similar uses of a temporary or transitory nature or fixed duration as determined by the director.

(2) Class II temporary uses are temporary uses that involve critical and essential human services of a nonprofit social services nature, including food banks and/or clothing banks, but not including homeless shelters, when the director determines that the conditions prompting such proposal are of a critical and temporary nature.

(3) Class III temporary uses are severe weather and disaster shelters, and emergency housing and shelters that are operated as a result of inclement weather, natural disaster, or similar event.

(Ord. No. 25-1008, § 23, 4-1-25; Ord. No. 23-952, § 4, 3-7-23; Ord. No. 12-716, § 3, 2-21-12; Ord. No. 09-593, § 29, 1-6-09; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 94-209, § 3, 3-15-94. Code 2001 § 22-547)

(1) Class I temporary uses shall only be allowed in zoning districts where the use is authorized as a permanent use pursuant to the zoning charts of Chapter 19.195 through 19.240 FWRC, except as noted below.

(a) Churches, schools, and public agencies may conduct temporary uses in residential zones subject to the time limits specified in FWRC 19.275.050.

(b) Special event temporary uses such as farmers’ markets, fairs, festivals, and similar community-oriented uses may be allowed in any nonresidential zone at the discretion of the director.

(2) Class II temporary uses are allowed in any nonresidential zone.

(3) Class III temporary uses are allowed in all zones.

(Ord. No. 25-1008, § 24, 4-1-25; Ord. No. 12-716, § 3, 2-21-12.)

(1) Class I temporary use.

(a) An application for a Class I temporary use shall be processed as a use process I application and can be approved if found consistent with the performance standards of FWRC 19.275.060. The director shall issue a written determination approving, conditionally approving, or denying the temporary use; provided, that the director may require an application to be decided under process III as provided in subsection (2) of this section, when it is determined that the degree and scope of potential impacts of the temporary use proposal warrant such review.

(b) All applications for a Class I temporary use permit shall be submitted at least 30 days prior to the requested date of commencement of the temporary use and shall include:

(i) A completed master land use application for a temporary use on the form provided by the community and economic development department, along with all required signatures and temporary use information listed in that form, including signed consent from the property owner;

(ii) Required fees; and

(iii) Such information as is necessary for the director to evaluate the temporary use pursuant to FWRC 19.275.060.

(c) Exceptions.

(i) Any Class I temporary use that is required to obtain a temporary business registration pursuant to Chapter 12.25 FWRC shall not be required to obtain a Class I temporary use permit pursuant to this chapter, but shall be required to comply with the substantive provisions of this chapter including the zoning compliance of FWRC 19.275.030.

(ii) The following temporary businesses or activities, if generally consistent with their surroundings, shall not be required to obtain a temporary use permit:

(A) Residential garage or yard sales of typical size and duration;

(B) Merchandise and food sales by scouts, guides and similar nonprofit organizations;

(C) Typical residential-based lemonade and similar stands;

(D) Charitable car washes; and

(E) Temporary uses/activities of a similar nature as determined by the director.

(iii) Parking lot sales that are ancillary or directly related to a permitted use, that operate less than 12 consecutive or nonconsecutive days within a 180-day period, and which do not create parking or traffic impacts shall not be required to obtain a Class I temporary use permit.

(2) Class II temporary use.

(a) All applications for a Class II temporary use shall be reviewed and decided upon using this section and process III.

(b) All applications for a Class II temporary use permit shall include:

(i) A completed master land use application on the form provided by the community and economic development department, along with all required signatures and information listed on that form;

(ii) Required fees; and

(iii) Such information necessary for the director to evaluate the use pursuant to FWRC 19.275.060.

(3) Class III temporary use.

(a) All applications for a Class III temporary use shall be reviewed and decided upon using this section and shall be decided by the director with a written decision.

(b) All applications for a Class III temporary use permit shall include:

(i) A completed master land use application on the form provided by the community and economic development department, along with all required signatures and information listed on that form;

(ii) Required fees; and

(iii) Such information necessary for the director to evaluate the use pursuant to FWRC 19.275.060.

(Ord. No. 25-1008, § 25, 4-1-25; Ord. No. 12-716, § 3, 2-21-12; Ord. No. 09-594, § 150, 1-6-09; Ord. No. 94-209, § 3, 3-15-94; Ord. No. 90-43, § 2(127.10), 2-27-90. Code 2001 § 22-548. Formerly 19.275.030)

Cross reference: Permits and certificates of occupancy, Chapter 19.20 FWRC.

(1) Residential zoning districts. A temporary use may occupy a site for no more than seven days per occurrence, twice within any 365-day period unless otherwise regulated. The director may authorize up to one seven-day extension per occurrence if such extension will be consistent with the requirements of this chapter. Any extension request shall be subject to applicable hourly review fees.

(2) Nonresidential zoning districts. A temporary use may occupy a site for no more than 45 days, whether consecutive or nonconsecutive within a calendar year. The director may authorize up to one 15-day extension if such extension will be consistent with the requirements of this chapter. Any extension request shall be subject to applicable hourly review fees. No more than one extension may be granted within any 365-day period.

(Ord. No. 12-716, § 3, 2-21-12; Ord. No. 09-594, § 151, 1-6-09; Ord. No. 94-209, § 3, 3-15-94; Ord. No. 90-43, § 2(127.15), 2-27-90. Code 2001 § 22-549. Formerly 19.275.040)

Approved temporary uses shall comply with the following performance standards:

(1) A temporary use shall not be conducted or locate on any site or property without the express consent of the owner(s) thereof.

(2) In conducting the temporary use, the applicant shall comply with all county, state, and federal laws, and all city ordinances and resolutions which are applicable to the use or the conduct thereof, and shall obtain, prior to the conduct of the business or occupancy of any site, all required city permits, licenses, or other approvals.

(3) Temporary uses proposed within residential zoning districts shall not be permitted if they cause significant adverse impacts to residential uses, taking into consideration the characteristics of the residential neighborhood and the scale and duration of the temporary use.

(4) The temporary use and associated structures shall be compatible, on a short-term basis, with uses in the general vicinity and on adjacent properties.

(5) Each site occupied by a temporary use shall be kept free of debris and litter, and upon completion or removal of the temporary use, all debris, litter, or other evidence of the temporary use and associated activity shall be removed.

(6) Each site occupied by a temporary use must provide or have available sufficient off-street parking, vehicular maneuvering area, and access for customers, and must provide safe and efficient interior circulation and ingress and egress from a public or private right-of-way. A temporary use that is conducted within an established parking area shall not reduce available parking to the point that insufficient parking exists for the combination of uses on the site.

(7) All signs used in connection with any temporary use or activity shall comply with the applicable sign regulations of the city.

(8) Temporary uses shall not unreasonably impact the public health or safety, or create traffic hazards. The city may impose additional security measures and/or traffic control requirements.

(9) The noise associated with a temporary use shall not create a public nuisance or exceed the maximum decibel provisions of FWRC Title 7.

(10) The director may impose additional measures to mitigate any impacts resulting from the temporary use. The director may exercise discretion in the applicability of the above performance standards to achieve the purposes of this chapter.

(Ord. No. 12-716, § 3, 2-21-12; Ord. No. 94-209, § 3, 3-15-94; Ord. No. 90-43, § 2(127.20), 2-27-90. Code 2001 § 22-550. Formerly 19.275.050)

Temporary trailers, buildings, or other structures used for construction offices, temporary business or sales, or outdoor storage containers used temporarily to store construction materials, and normally associated with construction of a building or development, are permitted on the subject property during building or development on or of the subject property in any zone, subject to process I approval, or integration into the land use process applicable to the underlying project. The following performance standards apply:

(1) Temporary trailers, buildings, or other structures and outdoor storage containers permitted under this section may not be located in required yards, except as noted in FWRC 19.125.160(10), unless permitted in writing by the director.

(2) Temporary outdoor storage containers for construction-related materials storage shall be placed to minimize visibility from surrounding streets, pedestrian areas, and properties.

(3) Temporary outdoor storage containers should be painted a neutral color and/or screened from view if necessary to minimize visual impacts to surrounding properties, as determined by the director.

(4) Any temporary trailer, building, outdoor storage container, or other structure permitted under this section must be removed from the subject property within six months after completion of construction of the improvements on the subject property, unless permitted in writing by the director.

(5) The city may require a bond, under Chapter 19.25 FWRC, to cover the cost of removing the temporary trailer or building, if necessary.

(Ord. No. 12-716, § 3, 2-21-12; Ord. No. 08-585, § 3(Exh. A), 11-4-08; Ord. No. 90-43, § 2(115.135), 2-27-90. Code 2001 § 22-963. Formerly 19.275.110)

Cross references: Motor vehicles, FWRC Title 8; licenses and business regulations, FWRC Title 12; buildings and building regulations, FWRC Title 13.

Portable moving containers may be used in any zone for the purpose of temporary accessory moving activities, subject to the following criteria:

(1) Residentially zoned lots are allowed only two containers at any time;

(2) The size, materials, and design of the container must be consistent with the moving industry standard for the particular use and setting;

(3) Containers may not be placed in required side yards, rear yards, or critical areas setbacks, except under special circumstances as allowed by the director, or interfere with safe sight distance or traffic circulation in adjacent streets and sidewalks; and

(4) Containers may remain on a property no longer than 60 days in any 180-day period, unless approved by the director.

(Ord. No. 12-716, § 3, 2-21-12; Ord. No. 08-585, § 3(Exh. A), 11-4-08. Code 2001 § 22-964. Formerly 19.275.120)

Cross reference: Temporary business regulations, Chapter 12.25 FWRC.

Marijuana-related businesses, both medical and recreational, such as marijuana production, processing, or retail sales, as may be allowed by Chapter 69.50 RCW, as now existing or hereafter amended, are expressly prohibited from locating or operating in any zone within the city of Federal Way.

(Ord. No. 15-806, § 1, 12-1-15.)

The purposes of this chapter are to:

(1) Designate, preserve, protect, enhance, and perpetuate those sites, buildings, districts, structures and objects that reflect significant elements of the city’s cultural, aesthetic, social, economic, political, architectural, ethnic, archaeological, engineering, historic, and other heritage;

(2) Foster civic pride in the beauty and accomplishments of the past;

(3) Stabilize and improve the economic values and vitality of landmarks;

(4) Encourage, protect, and enhance the city’s tourist industry by promoting heritage-related tourism;

(5) Promote the continued use, exhibition, and interpretation of significant sites, districts, buildings, structures, and objects for the education, inspiration, and welfare of the people of the city;

(6) Promote and continue incentives for ownership and utilization of landmarks;

(7) Assist, encourage and provide incentives to public and private owners for preservation, restoration, rehabilitation, and use of landmark buildings, sites, districts, structures, and objects;

(8) Work cooperatively with other jurisdictions to identify, evaluate, and protect historic resources in furtherance of the purposes of this chapter.

(Ord. No. 17-837, § 3, 7-5-17.)

As now or hereafter amended, the following sections of Chapter 20.62 King County Code (“KCC”) are adopted as amended, added to, or excepted in this chapter and are incorporated by reference:

(1) KCC 20.62.020, Definitions, except as follows:

(a) Subsection H is changed to read: “Director” is the director of the city of Federal Way community development department or designee.

(b) Add subsection Z: “Council” is the city of Federal Way city council.

(2) KCC 20.62.040, Designation Criteria, except all references to “King County” are changed to read “city of Federal Way.”

(3) KCC 20.62.050, Nomination Procedure, except:

(a) Property owner written consent is required prior to King County acceptance of a nomination request.

(b) The applicant shall provide one set of self-addressed, stamped business sized envelopes (with city of Federal Way return address) of persons receiving property tax statements for all properties within 300 feet of the subject property. Include a separate list of the addresses with their parcel numbers and an assessor’s map showing the 300-foot boundary.

(c) The hearing notice will be mailed to the persons receiving the property tax statements for all property within 300 feet of each boundary of the subject property.

(4) KCC 20.62.070, Designation Procedure, except all references to “King County” are changed to read “city of Federal Way.”

(5) KCC 20.62.080, Certificate of Appropriateness Procedure, except the last sentence of subsection A thereof.

(6) KCC 20.62.100, Evaluation of Economic Impact.

(7) KCC 20.62.130, Penalty for Violation of Section 20.62.080 (FWRC 19.285.020(5)).

(8) KCC 20.62.140, Special Valuation for Historic Properties.

(Ord. No. 17-837, § 3, 7-5-17.)

(1) The King County landmarks commission (“commission”), established pursuant to Chapter 20.62 KCC, is hereby designated and empowered to act as the landmarks commission for the city of Federal Way pursuant to the provisions of this chapter.

(2) The special member of the commission, provided for in KCC 20.62.030, shall be appointed by the city council. Such special member shall have a demonstrated interest and competence in historic preservation. Such appointment shall be made for a five-year term. Such special member shall serve until his or her successor is duly appointed and confirmed by the city council. In the event of a vacancy, an appointment shall be made to fill the vacancy in the same manner and with the same qualifications as if at the beginning of the term, and the person appointed to fill the vacancy shall hold the position for the remainder of the unexpired term. Such special member may be reappointed but may not serve more than two consecutive five-year terms. Such special member shall be deemed to have served one full term, if such special member resigns at any time after appointment or if such special member serves more than three years of an unexpired term. The special member of the commission shall serve without compensation.

(3) The commission shall file its rules and regulations, including procedures consistent with this chapter, with the city clerk.

(Ord. No. 17-837, § 3, 7-5-17.)

Permit applications for changes to landmark properties shall not be considered complete unless accompanied by a certificate of appropriateness pursuant to KCC 20.62.080. Upon receipt of an application for a development proposal which affects a Federal Way landmark or a historic resource that has received a preliminary determination of significance as defined in KCC 20.62.080, the application circulated to the King County historic preservation officer shall be deemed an application for a certificate of appropriateness pursuant to KCC 20.62.080, if accompanied by the additional information required to apply for such certificate.

(Ord. No. 17-837, § 3, 7-5-17.)

The official responsible for the issuance of building and related permits shall promptly refer applications for permits that “affect” historic buildings, structures, objects, sites, districts, or archaeological sites to the King County historic preservation officer (“HPO”) for review and comment.

For the purposes of this section, “affect” shall be defined as an application for change to the actual structure, on a property with a landmark structure or designated as a landmark property, or on an adjacent property sharing a common boundary line, or included in King County’s historic resources inventory. The responsible official shall seek and take into consideration the comments of the HPO regarding mitigation of any adverse effects affecting historic buildings, structures, objects, sites, or districts.

The official responsible for the issuance of building and related permits shall evaluate landmark nominations for consistency with the city’s comprehensive plan. Nominations inconsistent with the plan shall be denied. Nominations consistent with the plan shall be forwarded to HPO for review and comment.

(Ord. No. 17-837, § 3, 7-5-17.)

(1) A party of record aggrieved by a decision of the commission designating or rejecting a nomination for designation of a landmark or issuing or denying a certificate of appropriateness may, within 35 calendar days of mailing of notice of such designation or rejection of nomination, or of such issuance or denial or approval of a certificate of appropriateness, appeal such decision pursuant to the procedures established for process IV review in Chapter 19.70 FWRC.

(2) If, after the appeal hearing, the hearing examiner determines:

(a) An error in fact was made by the commission, the hearing examiner shall remand the proceeding to the commission for reconsideration; or

(b) The decision of the commission is based on an error in judgment or conclusion, the hearing examiner may modify or reverse the decision of the commission.

(Ord. No. 17-837, § 3, 7-5-17.)

All King County landmarks designated pursuant to the provisions of Chapter 20.62 KCC that are in compliance with this chapter and that are located within the boundaries of the city shall be subject to the provisions of the ordinance codified in this chapter and considered city of Federal Way landmarks.

(Ord. No. 17-837, § 3, 7-5-17.)

The purpose of this chapter is to allow the sale of goods, food, and/or beverages from mobile food or retail vendors in a manner that is safe and compatible with surrounding uses, consistent with all relevant city codes and policies, maintains or enhances the pedestrian experience, and provides consistency, predictability, and site flexibility for mobile food or retail vendors.

(Ord. No. 23-952, § 13, 3-7-23.)

(1) This chapter establishes regulations that govern mobile vending in the city including the sale of goods, products, food, and/or beverages from mobile food or retail vendors on public or private properties. Unless exempt under FWRC 19.290.030, this chapter is applicable to all mobile food or retail vendors in the city.

(2) Mobile food or retail vendors regulated under this chapter shall not be subject to regulation under Chapter 19.275 FWRC, Temporary Uses. Any activities exempt from regulation under FWRC 19.290.030 may be subject to regulation under Chapter 19.275 FWRC, Temporary Uses.

(3) Additional regulations may apply to mobile food or retail vendors operating on public property through a special event (Chapter 4.05 FWRC) and/or right-of-way use or activity permit (Chapters 4.25 and 4.30 FWRC).

(Ord. No. 23-952, § 13, 3-7-23.)

The following activities, while potentially constituting mobile food or retail vendors, are exempt from regulation under this chapter. Such activities may be subject to regulations found elsewhere in this Code, such as Chapter 19.275 FWRC, Temporary Uses.

(1) Ice cream vendors that primarily stay mobile within public rights-of-way.

(2) Mobile newspaper couriers.

(3) Mobile lemonade stands.

(4) Mobile stands used to sell or distribute flowers, fruit, vegetables, produce or plants grown on the property where the mobile stand is located.

(5) Delivery services where the foods, goods, or products are delivered via mobile vehicle to the customer’s location, including, but not limited to, application-based online and on-demand food delivery services.

(6) Similar uses to mobile food or retail vendors that seek to operate on unimproved property.

(7) Similar uses to mobile food or retail vendors that seek to improve or develop unimproved property as part of the siting of that use.

(Ord. No. 23-952, § 13, 3-7-23.)

The director shall have the authority to administratively allow for departures from the numeric provisions contained in these regulations; provided, that:

(1) The variance request meets all criteria in FWRC 19.45.030;

(2) Any variation is no more than 25 percent; and

(3) The end result is consistent with the purpose of this chapter.

(Ord. No. 23-952, § 13, 3-7-23.)

(1) Class I mobile food or retail vendors are allowed to operate in any zone.

(2) Class II mobile food or retail vendors are allowed in all zones in the city except for properties in single-family zones with a current principal use of single-family.

(3) Class III mobile food or retail vendors which are accessory to an established use on the property are allowed in all zones in the city except for properties in single-family zones with a current principal use of single-family.

(4) Class III mobile food or retail vendors which are the principal use on the property are allowed in all nonresidential zones in the city.

(5) Mobile food or retail vendors are allowed to operate on any public rights-of-way in the city or city-owned property so long as the mobile food or retail vendor obtains any applicable permit required by the public works and/or police department. Additional limitations or allowances may be included as part of such permit.

(Ord. No. 23-952, § 13, 3-7-23.)

(1) Business registration required. All mobile food or retail vendors regulated under this chapter shall obtain a business registration with the city and complete a supplemental checklist at the time of registration attesting to understanding of, and future compliance with, the mobile food or retail vending regulations in FWRC 19.290.070 prior to being issued a city business license endorsement.

(2) Additional review and permitting requirements applicable to Class III mobile food or retail vendors. In addition to the business registration requirement under this section, Class III mobile food or retail vendors which are accessory to an established use on the property shall obtain a mobile food or retail vendor permit, pursuant to FWRC 19.290.080. In addition to the business registration requirement under this section, Class III mobile food or retail vendors which are the principal use on the property shall obtain approval under the use process indicated in the use chart for the applicable zone.

(Ord. No. 23-952, § 13, 3-7-23.)

Mobile food or retail vendors must operate in accordance with the following:

(1) Comply with all provisions of the supplemental checklist.

(2) Comply with the provisions of FWRC 19.290.050.

(3) Operate only between the hours of 7:00 a.m. and 10:00 p.m., Monday through Sunday; exceptions may be granted under special event permits or right-of-way use permits.

(4) Restore the site area occupied by the mobile food or retail vendor to the original or better condition upon removal of the vending unit.

(5) Provide at least one garbage and recycling container for customers.

(6) Operate only on an asphalt or paved surface unless otherwise approved through a special event permit.

(7) For mobile food or retail vendors that sell food, obtain approval from South King Fire and Rescue; this approval may include but is not limited to completing an inspection and certification process.

(8) Ensure sufficient queuing distance for customer vehicles.

(9) The mobile food or retail vendor shall not:

(a) Operate on an unimproved property;

(b) Operate within five feet from any property line, unless located on a public right-of-way;

(c) Obstruct any drive aisles or ingress/egress within the site;

(d) Obstruct a sidewalk, bicycle lane, or other pedestrian way;

(e) Obstruct the sight distance triangles for vehicles turning in and out of a site;

(f) Impede ADA access;

(g) Impede fire hydrant or fire lane access;

(h) Operate on any private or public property without permission of the property owner(s);

(i) Serve as a drive-through facility for vehicles;

(j) Operate in a designated loading zone;

(k) Remove the mobile food or retail vending unit from its wheels; or

(l) Use or remove code-required parking spaces for principal site uses.

(Ord. No. 23-952, § 13, 3-7-23.)

Class III mobile food or retail vendors accessory to an established use on the property must obtain a permit in accordance with this section.

(1) Decision maker. The director shall be the decision maker for mobile food or retail vendor permits. The director has the authority to add conditions to any permit approval.

(2) Decision criteria. The director may approve the mobile food or retail vendor permit only if all the following are met:

(a) The mobile vending activity shall not be detrimental to the public health, safety, and general welfare;

(b) The mobile vendor shall not adversely affect adjacent properties;

(c) The mobile vendor can be adequately served by public facilities and street capacities without placing an undue burden on such facilities and streets;

(d) The application is compliant with all relevant city codes and policies and the supplemental checklist; and

(e) The proposed property(s) or site(s) for the mobile food or retail vendor’s operations are of sufficient size to accommodate the mobile vendor.

(3) Application. Mobile food or retail vendor permit applications shall be completed on a form provided by the community development department. Application material shall include, at a minimum, the following:

(a) Contact information for the mobile food or retail vendor;

(b) A description of the nature and type of goods to be sold;

(c) Proof of the mobile food or retail vending vehicle’s registration with the state of Washington, if applicable;

(d) Specifications of the mobile food or retail vending unit including, at a minimum, the unit’s dimensions, height and weight;

(e) Site plan showing the proposed location of the mobile food or retail vendor’s operations on a site; and

(f) For mobile food or retail vendors that sell food or beverages, commonly called “food trucks,” proof of King County Department of Public Health approval.

(4) Permit review process. Upon receipt of a complete mobile food or retail vendor application, the application will be routed to any applicable departments and agencies for review.

(5) Permit duration. Permit approvals are permanent until and unless the city receives notification that there has been a renewal or change requested to the vendor’s business registration and city endorsement.

(Ord. No. 23-952, § 13, 3-7-23.)

The purpose of this chapter is to allow electric vehicle charging infrastructure to be established as a principal use in zones where it is consistent with other nearby uses, as an accessory use to any non-single-family residential use, and as an accessory use to single-family residences for the personal use of residents.

(Ord. No. 25-1002, § 13, 2-4-25.)

(1) Electric vehicle parking spaces are reserved for electric vehicles to park while they are charging.

(2) Electric vehicles may be parked in any space designated for public parking, subject to the restrictions that would apply to any other vehicle that would park in that space.

(Ord. No. 25-1002, § 13, 2-4-25.)

Electric vehicle charging infrastructure as a principal use is allowed as set forth in the land use tables in Chapters 19.195 through 19.240 FWRC, and is subject to the standards of this section.

(1) Design criteria.

(a) Each electric vehicle parking space shall be posted with signage indicating the space is only for electric vehicle charging purposes.

(b) Electric vehicle charging infrastructure shall include signage that discloses all charges, fees, and costs associated with a charging session at the point of sale and prior to the initiation of a charging session in accordance with RCW 19.94.560 and 23 CFR 680.106, as amended.

(c) Maintenance of equipment.

(i) Electric vehicle charging infrastructure equipment shall be maintained in all respects, including the functioning of the charging equipment. The owner or operator of the electric vehicle charging infrastructure is responsible for its maintenance.

(ii) A phone number or other contact information shall be provided on the electric vehicle charging infrastructure equipment for reporting when the equipment is not functioning or if other problems are encountered.

(iii) Damaged electric vehicle charging infrastructure shall be repaired or replaced within 30 days of the operator receiving a report of the damage.

(d) Electric vehicle charging infrastructure shall include information on the electric vehicle charging infrastructure, identifying voltage and amperage levels and any time of use, fees, or safety information to the greatest extent feasible.

(e) Where electric vehicle charging infrastructure is provided adjacent to a pedestrian circulation area, such as sidewalk or accessible route to the building entrance, it shall be located so as not to interfere with accessibility requirements and will not disturb or replace site landscaping required by Chapter 19.120 FWRC.

(f) Where electric vehicle charging infrastructure equipment is installed, adequate site lighting shall exist, unless charging is for daytime purposes only. Electric vehicle charging infrastructure within parking garages shall provide adequate lighting at all times.

(Ord. No. 25-1002, § 13, 2-4-25.)

(1) Electric vehicle charging infrastructure as an accessory use is allowed within the parking area of any non-single-family residential use subject to the standards of this section. If the installation of electric vehicle charging infrastructure as an accessory use requires review under any provision of this title, the installation shall be reviewed as a part of that use process. Otherwise, installation of electric vehicle infrastructure as an accessory use shall be reviewed as a part of required building permits.

(2) Minimum parking requirements. An electric vehicle parking space may be included in the calculation for minimum required parking spaces that are required pursuant to other provisions of the code. A maximum of 50 percent of the parking spaces required for a use may be electric vehicle parking spaces.

(3) Design criteria.

(a) Each electric vehicle parking space shall be posted with signage indicating the space is only for electric vehicle charging purposes.

(b) Electric vehicle charging infrastructure shall include signage that discloses all charges, fees, and costs associated with a charging session at the point of sale and prior to the initiation of a charging session in accordance with RCW 19.94.560 and 23 CFR 680.106, as amended.

(c) Maintenance of equipment.

(i) Electric vehicle charging infrastructure equipment shall be maintained in all respects, including the functioning of the charging equipment. The owner or operator of the electric vehicle charging infrastructure is responsible for its maintenance.

(ii) A phone number or other contact information shall be provided on the electric vehicle charging infrastructure equipment for reporting when the equipment is not functioning or if other problems are encountered.

(iii) Damaged electric vehicle charging infrastructure shall be repaired or replaced within 30 days of the operator receiving a report of the damage.

(d) Electric vehicle charging infrastructure shall include information on the electric vehicle charging infrastructure, identifying voltage and amperage levels and any time of use, fees, or safety information to the greatest extent feasible.

(e) Where electric vehicle charging infrastructure is provided adjacent to a pedestrian circulation area, such as sidewalk or accessible route to the building entrance, it shall be located so as not to interfere with accessibility requirements and will not disturb or replace site landscaping required by Chapter 19.120 FWRC.

(f) Where electric vehicle charging infrastructure equipment is installed, adequate site lighting shall exist, unless charging is for daytime purposes only. Electric vehicle charging infrastructure within parking garages shall provide adequate lighting at all times.

(Ord. No. 25-1002, § 13, 2-4-25.)

Electric vehicle charging infrastructure as an accessory use to a single-family dwelling unit is allowed subject to the standards in this section.

(1) Electric vehicle charging infrastructure accessory to a single-family residential dwelling unit shall be for the personal use of the residents of the dwelling or any accessory dwelling unit.

(2) Electric vehicle charging infrastructure accessory to a single-family residential dwelling unit shall not be used for commercial purposes except as follows:

(a) Vehicles used for a business that meets the home occupation standards in Chapter 19.270 FWRC.

(b) A commercial vehicle parked on site that meets the standards of FWRC 19.130.250 and that is primarily operated by a resident of the subject property.

(Ord. No. 25-1002, § 13, 2-4-25.)