1. Significant Elements. Compatibility of architectural form is not applicable to a utility facility where significant elements of the facility are not housed in a building; however, screening is required as established in this section to ensure compatibility with adjacent uses.

2. Isolated Elements. Compatibility of architectural form is not applicable for isolated minor elements such as pad-mounted transformers, telephone pedestals, and metering stations; however, screening is required as established in this section to ensure compatibility with adjacent uses.

3. Development Standards. All minor utility facilities and those major utility facilities that are not intended for occupancy must conform to development standards including setback, height standards, and impervious surface of the most restrictive contiguous zoning district as established in Chapter 18.404 IMC, Form and Intensity.

4. Height. Public utility structures such as communication towers and water storage tanks must be designed so as to be the lowest height possible to adequately serve the needs of the utility and must comply with Chapter 18.512 IMC, Wireless Communication Facilities (WCF), if applicable.

5. Undergrounding. Public utility facilities such as communication facilities must be installed in accordance with Chapter 18.512 IMC, Wireless Communication Facilities (WCF). Public utility facilities such as distribution lines are to be installed underground in accordance with the terms and conditions established by the Washington Utilities and Transportation Commission.

6. Noise. No machinery or equipment shall cause noise beyond established standards in IMC 18.518.020.

7. Residential Areas.

8. Screening. The public utility facility must be screened to ensure compatibility with adjacent uses. Public utility facilities such as transformers, regulator stations, substations, and other such mechanical structures must be screened with landscaping and/or other such material in accordance with IMC 18.606.070, Required landscape by zone and land use.

9. Major or minor utilities sited within the Community Facilities – Open Space (CF-OS) zone must also meet the approval criteria in subsection C of this section as well as provide an alternative analysis report addressing the following items to demonstrate the proposed project is the preferred site given economic, natural resources, and the proposed mitigation measures:

1. Accessory retail/commercial uses are permitted as allowed in Chapter 18.508 IMC, Accessory Uses and Structures.

2. Architectural Form and Character. Community facility public buildings must meet all applicable design requirements of the subarea in which they are located and the following:

1. Access. Existing or proposed motorized and nonmotorized access to and through facilities, including barrier-free, pedestrian and bike, are provided;

2. Maintenance. Long-term maintenance requirements are identified, funding options are noted, and a long-term maintenance program is provided;

3. Phasing. Phasing, if any, of the construction of the facility is identified;

4. Users. The users that the facility is intended for match with the range of likely users, with potential conflict among user groups minimized;

5. Waste/Recycling. Waste/recycling receptacles are provided; and

6. Parking/Traffic. Provision for adequate on-site parking; impacts of the proposed facility upon neighborhood traffic identified and required mitigation provided. (Ord. 3016 § 4 (Exh. D), 2023).

1. Architectural Form and Character. A building that houses all or most of an essential public facility must conform to existing architectural form and design of surrounding buildings; and

2. Residential Areas. Essential public facilities must, whenever possible, be located and designed to minimize adverse impacts on nearby residential areas.

1. Facility Size. The maximum size of any SCTF is 15 beds. The number of beds within a facility, after the facility is operating, may not increase without going through the Level 4 review process in IMC 18.204.020.

2. Screening. The periphery of the entire site devoted to the SCTF must be screened year-round with opaque screening no less than six feet in height from grade. When evergreen plantings are used, the plantings must be six feet from grade at the time of planting and must be maintained by the property owner. Opaque screening may include masonry walls or solid wood fencing.

3. Security and Operating Procedures. Prior to issuance of a certificate of occupancy, the State and the City must enter into a long-term agreement regarding security and operating procedures of the facility.

4. Location.

1. The natural physical features of the land would result in an effective separation between the proposed SCTF and the protected use in terms of visibility and access;

2. The proposed SCTF is otherwise compatible with adjacent and surrounding land uses;

3. There is a lack of alternative locations for the proposed SCTF; and

4. The applicant has proposed conditions that would minimize the adverse secondary effects of the proposed SCTF.

1. Accessory dwelling units are regulated separately per IMC 18.500.090, Accessory dwelling unit standards, and are not subject to this chapter.

1. The use is on the same lot as a principal or primary use;

2. The use has similar or consistent impacts as the principal use; and

3. The use is subordinate or dependent on the principal use. For example, a noncommercial greenhouse in a residential neighborhood. (Ord. 3016 § 5 (Exh. E), 2023).

1. Utility sheds/buildings and greenhouses;

2. Mechanical equipment, includes but is not limited to air conditioner units, air compressors, and heat pumps; and

3. Minor elements such as decks, porches, patios, walkways, and ramps.

1. Accessory structures and amenities may not be located in or on a public utility or access easement.

2. Accessory structures must comply with required setbacks, unless specifically excepted below.

3. Accessory structures may not be located in a front setback area.

4. Mechanical equipment located in a side setback area must be placed adjacent to the primary structure as operationally feasible and in a location that minimizes impacts on adjacent properties.

1. Accessory buildings exceeding 200 square feet in floor area require a building permit.

2. The height of a detached accessory building in residential zones may not exceed one story and may not exceed 15 feet.

3. Location. An accessory building:

b. On a corner lot, it must be set back from the street at least as far as any primary structure of an adjacent lot, as shown in Figure 18.508.030(C).

1. Placed farthest from the neighboring properties as practically feasible.

2. Fencing or vegetation buffer as a noise barrier when practically feasible.

3. Install quieter components onto the mechanical equipment, such as a sound blanket or quieter fans.

1. Structures with a floor height 30 inches or more above finished grade must obtain a building permit;

2. A minor accessory structure must comply with required setbacks in accordance with IMC 18.404.090, Residential zones form and intensity standards.

a. A structure with a height of less than 30 inches above finished grade may extend into a side or rear setback, but no closer than three feet from any property line, as shown in Figure 18.508.030(D)(2)(b); and

1. These requirements may only be modified in special circumstances upon written technical evaluation and recommendation of the Federal Aviation Administration (FAA) Airport District Office, or Washington State Department of Transportation, Division of Aeronautics Office.

1. To limit noise impacts, the City may impose conditions restricting the type of aircraft permitted to land at an approved heliport, and conditions that limit the number of daily takeoffs and landings and hours of operation.

2. The City may impose a periodic review requirement on heliport approvals in order to consider imposing additional conditions to mitigate adverse impacts from new aircraft technology.

1. All applications to construct a heliport must include the results of the appropriate FAA review. A determination of negative impact on navigable airspace by the FAA will result in denial of a City land use permit unless the applicant agrees to comply with the FAA recommendations to mitigate such impacts. The mitigating measures shall be made conditions of the City’s land use permit;

2. The facility must participate in a noise reduction program, such as Fly Neighborly;

3. A heliport site must have flight path access directly to the interstate highway system which does not require flight over any residentially zoned properties;

4. Approach and departure paths must be obstruction free and environmentally critical areas shall not be adversely affected. In addition, flight paths and altitude requirements are required to minimize noise and echoing within Central Issaquah and Olde Town;

5. Heliport landing areas must be at least one and one-half times the overall length of the largest helicopter expected to use the facility;

6. Obstructions, natural or manmade, may not be within the heliport primary surface, heliport approach surfaces, or heliport transition surfaces, per FAA guidance such as AC No: 150/5390-2C;

7. Access to heliport landing areas, except water surfaces, must be controlled by physical restraints. If fences, walls, or parapets are used for access control, the minimum height must be 42 inches; and

8. All approaches to helicopter operation areas must have conspicuous signs notifying approaching persons.

1. Traffic patterns must be over freeway paths only;

2. Use at night, if permitted, must be limited and exact hours of operation will be a condition determined with land use permit. (Ord. 3016 § 5 (Exh. E), 2023).

1. A use that is temporary, lasting between one to 180 days;

2. A structure that is placed or constructed on a site on a temporary basis, between one day and 180 days;

3. Temporary retail sales, including food and nonfood sales, lasting from one to 365 days in operation.

1. An outdoor retail display as an accessory to an existing retail shop or use;

2. Seasonal stands, such as operations selling Christmas trees;

3. A mobile food truck, trailer, or cart, operating on a private lot; and

4. A temporary trailer or staging area for construction projects.

1. The location of the structure or use on the sidewalk or near the store front must meet barrier-free requirements, per the Building Code;

2. Nonaccessory vending stands are not permitted in the CBD;

3. The use must receive a City business license, per Chapter 5.02 IMC, Business Licenses, if applicable;

4. Permanent fencing, walls, or other structures that hinder removal of the structure from the site are not allowed;

5. The structure or use is located where there is safe ingress and egress from the street, including a clear sight area adjacent to the street;

6. The structure or use location on the sidewalk or near a storefront maintains at least four feet of unobstructed sidewalk between the building/structure and the sidewalk edge for pedestrian movement;

7. The use must follow the time limits in Table 18.510.030(A), Table of Temporary Structure and Use Time Limits. A use that exceeds these time limits is considered a principal or permanent use per IMC 18.402.020, Table of permitted uses, and must meet all standards for same.

1. A food truck may operate in a zone where it is identified as a permitted use in IMC 18.402.020, Table of permitted uses.

2. A food truck operating longer than two consecutive days on the same private property must obtain a mobile food vendor permit annually.

3. A food truck vendor located on private property must obtain permission from the property owner prior to operating.

4. The food truck must have fully functional wheels and be able to move immediately by being towed or driven without the removal of blocks or other structural devices.

5. A food truck must be located on a paved surface. If the food truck will be operating within a parking area, it may not intrude into the drive aisle, block fire lanes, or result in the site providing less than the required minimum number of parking stalls.

6. A food truck may not be parked in a location that will impede garbage collection.

7. Food truck signage must adhere to Chapter 18.612 IMC, Signs.

8. No food truck vendor may generate any noise that exceeds the standards in IMC 18.518.020, Noise control, or use mechanical audio or noise-making devices to advertise products.

9. A food truck vending site must be clean and orderly at all times, and the food truck vendor must adhere to Chapter 8.07 IMC, Food Packaging, which includes providing sufficient garbage, recycling, and composting receptacles nearby to accommodate all refuse generated by the operation.

10. Illicit discharge is prohibited.

11. The Director may suspend or revoke any issued mobile food vendor permit at any time for the following:

1. Ensure accessible sidewalks and rights-of-way while providing opportunities for retail that enhance the public realm; and

2. Enhance the opportunities for local business development through temporary retail uses, including pop-up retail.

1. The following types of sales are exempt from this section:

1. The use may not exceed the duration established in Table 18.510.030(A), Table of Temporary Structure and Use Time Limits.

2. The maximum permissible size for nonmotorized mobile vending units may not exceed 10 feet in length.

3. Prohibited. No mechanical audio or noise making devices and no hawking is allowed with any temporary retail use. Hawking is the loud, repeated oral solicitation of business by the vendor or an assistant.

4. The vending site must be kept clean and orderly at all times, and the vendor must provide a refuse container, including compost, and is encouraged to provide containers for recycling.

5. When located within a parking lot of a private location, the applicant must identify the location where the mobile vending unit will be located and provide a circulation plan. The location and circulation plan requires approval by the City Traffic Engineer to ensure the vending unit will not interfere in any way with vehicular or pedestrian traffic or safety.

6. If a vendor occupies parking spaces, the site must still be able to comply with applicable parking requirements of Chapter 18.604 IMC, Parking, excluding the parking space(s) occupied by the mobile vending unit.

1. The use may not exceed the duration established in Table 18.510.030(A), Table of Temporary Structure and Use Time Limits.

2. Outdoor retail display and retail stands that are not accessory to a permanent permitted use are not allowed in the CBD, except for seasonal vending stands which are limited to Christmas tree stands and produce stands.

3. Safe ingress and egress to businesses as well as to automobiles in on- and off-street parking without impacting compliance with the Americans with Disabilities Act must be maintained.

4. Safe visibility for transportation and pedestrian access must be maintained.

5. The display does not negatively impact public services and operation, including fire and other emergency services. The display does not create any hazardous features or adversely affect the ability of the surrounding public facilities to be maintained.

6. The limited duration of the outdoor retail display must be established as a condition of approval of any applicable permits. (Ord. 3016 § 6 (Exh. F), 2023).

1. Location. A temporary office trailer is allowed only if it is directly associated with construction or sales of a new building or site development occurring on the same or adjacent site to the trailer’s location.

2. A temporary office trailer must:

3. A temporary office trailer for construction activities is limited to the duration of the construction on the project site.

4. The construction trailer or temporary office must be removed from the site prior to the issuance of a certificate of occupancy for the building or use. (Ord. 3016 § 6 (Exh. F), 2023).

1. Materially assist in providing adequate and affordable housing for all economic segments of the community; and

2. Provide a balance of affordable housing opportunities throughout the City;

3. Use increased development capacity in certain zones, including the Urban Core, to create voluntary and/or mandatory programs for affordable housing. (Ord. 3016 § 8 (Exh. H), 2023).

1. Duration.

2. Approval of Affordable Housing Units. The designated official must review and approve the location and unit mix of the affordable housing units in projects containing both market rate and affordable units, consistent with the following standards, prior to the issuance of any building permit:

3. Flexible Development Standards. Development standards for affordable housing units must be consistent with this chapter with the following exception:

1. Provide economic value for developers by allowing additional building square footage in exchange for a public benefit of affordable housing and/or public open space;

2. Create a connected system of open space and urban parks that provide a unique sense of place and enhance the values and functions of the natural environment; and

3. Encourage infill and redevelopment within Central Issaquah.

1. The standards of the underlying zone in which the project is located;

2. The terms of IMC 18.514.020, General affordable housing provisions, and 18.514.030, Affordable housing covenant; and

3. Building area exceeding the base building height and/or floor area ratio (FAR) established in Chapter 18.404 IMC, Form and Intensity, may be increased to the maximums established in Table 18.514.040, Summary of Public Benefit, in accordance with the provisions of this chapter.

1. All development bonus program projects must provide the applicable appropriate mandatory public benefit shown in Table 18.514.040 below. One-third of the public benefit is comprised of mandatory public benefit options. For each type of development, Table 18.514.040 provides the type of mandatory public benefit required and the amount to be provided.

2. The remaining two-thirds of the public benefit is comprised of elective public benefit options that must be received in exchange for the development bonus. Table 18.514.040 includes three elective options for the applicant to choose from.

1. For fractions of a dwelling unit, the development bonus fee-in-lieu may be paid to satisfy the on-site affordable housing requirement for a fraction pursuant to IMC 18.514.050, Central Issaquah alternative compliance – Off-site affordable housing units.

2. Off-site affordable housing may be approved by the Director in accordance with IMC 18.514.050, Central Issaquah alternative compliance – Off-site affordable housing units.

1. Projects providing public open space to fulfill the elective public benefit for the development bonus must:

2. The applicant must demonstrate to the Director that the value of the TDR purchase equals or exceeds the amount of a mandatory development bonus fee-in-lieu.

3. The TDRs purchased from the City prior to submittal of a project using the development bonus program may not be used to satisfy the public benefit open space requirements of the development bonus program.

1. The fee is allowed for one whole required affordable housing unit and portions of required affordable housing units that are less than 0.66 units. Rounding up to the next whole number of units is required when the calculated number of required affordable units results in a fraction of 0.66 or more.

2. The dollar value of a fee is the difference between the cost of construction for a prototype affordable housing unit on the subject property whether it is intended to be used as a rental or ownership unit, including land costs and development fees, and the revenue generated by an affordable housing unit.

3. The dollar amount of the fee must be established prior to issuance of any building permits for the project and are due prior to issuance of any certificate of occupancy for the project. Collected payments must be deposited in the City’s affordable housing account.

4. The development bonus fee-in-lieu must be collected prior to issuance of the building permit for the building benefiting from the development bonus.

5. Development bonus payments must be deposited in a development bonus fee-in-lieu account established solely to support the development of affordable housing and open space as set forth in this chapter. Earnings on balance in the account accrue to the account.

1. The purchase of real property or conservation easements for open space;

2. The purchase of development rights within the City limits in accordance with Chapter 18.806 IMC, Transfer of Development Rights, and the Issaquah and Tibbetts Creek Watershed in accordance with the City’s interlocal agreement with King County;

3. Indirect costs associated with the acquisition of real property and conservation easements including critical area surveys, title reports, appraisals, and stewardship plans;

4. Affordable housing.

1. Projects which elect to use alternative compliance (IMC 18.514.050) or payment in lieu of constructing affordable units are not eligible for participation in the Central Issaquah pioneer program.

1. The affordable units provided under the pioneer program are eligible for Multifamily Tax Exemption (MFTE) as described in Chapter 3.09 IMC, Multifamily Housing Property Tax Exemption, upon designation of Central Issaquah as a residential targeted area.

1. The standards of the underlying zone in which the project is located; and

2. The terms of IMC 18.514.020, General affordable housing provisions, and IMC 18.514.030, Affordable housing covenant.

1. IMC 18.514.040, Central Issaquah development bonus program;

2. Base building height listed in Table 18.404.100(B), Mixed Zones Form and Intensity Minimum Standards; and

3. Base residential floor area ratio (FAR) listed in Table 18.404.150(B), Mixed Zones Floor Area Ratio (FAR) Standards.

1. Pioneer program enrollment applications will be processed as a Level 1 permit review consistent with IMC 18.204.020, Review levels, based on the approval criteria below.

2. Only two projects will be approved to participate in the pioneer program. Applications will be reviewed on a first-come, first-served basis. Within 28 days after receiving an application, the Department will issue a decision to the applicant, stating either:

3. In the event that two pioneer program applications have already been approved, applicants may choose to withdraw any subsequently submitted applications or have their applications placed on a waitlist.

4. A pioneer program enrollment application must be submitted prior to a land use permit application to be eligible for the program.

5. No project or property owner may have more than one active pioneer program enrollment approval.

1. No more than two pioneer program enrollment application approvals are already active;

2. The applicant submitted a complete pioneer program enrollment application and does not already have an active pioneer program enrollment approval;

3. The project is located within the Urban Core (UC) or Mixed-Use – Central Issaquah (MU-CI) zones, or Vertical Mixed-Use (VMU) Overlay; and

4. Project is proposing no fewer than 100 units and no more than 400 units.

1. During the time the Level 4 land use permit application is under review by the City, and, if approved, during the same period of time as the Level 4 land use permit approval;

2. For three years from the date of approval issuance for the pioneer program application, until a complete building permit for the associated primary construction of the project is submitted; and

3. During the time the associated primary building permit is under review, unless the associated primary building permit has expired or been withdrawn.

1. The applicant demonstrates that the proposed alternative compliance method achieves an affordable housing benefit to the City equal to or better than providing the affordable housing units on site.

2. The affordable housing units provided through the alternative compliance will be the same type of affordable units as would have been provided on site.

1. The off-site location proposed does not lead to an undue concentration of affordable housing either at the off-site location or in any particular area of the City, as determined by the Director.

2. Any building permits required for the off-site affordable housing units must be submitted prior to submittal of building permits for the subject property. Certificates of occupancy for off-site affordable housing units must be issued prior to issuance of the final certificate of occupancy for the subject property. (Ord. 3016 § 8 (Exh. H), 2023).

1. Urban Core zone outside the Vertical Mixed-Use Overlay;

2. Mixed-Use – Central Issaquah; or

3. Urban Core zone within the Vertical Mixed-Use Overlay. (Ord. 3016 § 8 (Exh. H), 2023).

1. Alternative energy uses as accessories to a principal use, such as a residential, commercial, or educational structure; and

2. Rain and stormwater catchment systems on private property, such as rain barrels on a residential lot.

1. Alternative energy systems may not be located within any building setback or required setback.

2. Alternative energy systems may only be installed after the applicant has provided evidence to the City that the utility company has been informed of the customer’s intent to install an interconnected customer-owned power generation system. Off-grid systems are exempt from this requirement.

1. Location.

2. Geothermal systems within the critical aquifer recharge area (CARA) must comply with all requirements of IMC 18.802.350 through 18.802.390. Vertical or deep-bore geothermal systems are not permitted within Class 1 CARAs.

3. Open-loop geothermal systems are prohibited.

1. Wind alternative energy systems (wind turbines) are allowed as an educational demonstration project to determine how the use of small wind turbines may affect the demonstration project site, surrounding properties, and the City as a whole.

2. Wind turbines may not be located in residential zones.

3. Wind turbine demonstration projects must be set back a minimum of 100 feet from the property line of any adjacent existing residential use.

4. The maximum diameter of rotor blades may not exceed 10 feet.

5. No part of a wind turbine may extend within 15 feet of the ground. Blades may not extend over parking areas, driveways, or sidewalks. (Ord. 3016 § 9 (Exh. I), 2023).

1. A rainwater catchment system element may not extend into the front setback.

2. A rainwater catchment system element with a height of less than 54 inches above finished grade and that contains up to 600 gallons may extend into a side or rear setback up to 20 percent of the required linear distance, but no closer than three feet from the property line.

3. A rainwater catchment system with a height greater than 54 inches above finished grade or that contains over 600 gallons must comply with all required setbacks. (Ord. 3016 § 9 (Exh. I), 2023).

1. WAC 173-60-020, Definitions.

2. WAC 173-60-030, Identification of environments.

3. WAC 173-60-040, Maximum permissible environmental noise levels.

4. WAC 173-60-050, Exemptions.

1. KCC 21A.30.030, Animal regulations – Livestock – Purpose.

2. KCC 21A.30.040, Animal regulations – Livestock – Densities.

3. KCC 21A.30.045, Animal regulations – Livestock management components of farm management plans.

4. KCC 21A.30.060, Animal regulations – Livestock – Management standards.

5. KCC 21A.30.062, Animal regulations – Livestock – Building requirements.

6. KCC 21A.30.064, Animal regulations – Livestock – Livestock regulation implementation monitoring – Agriculture commission livestock committee.

7. KCC 21A.30.066, Animal regulations – Livestock – Education and enforcement.

8. KCC 21A.30.067, Livestock management – Information.

9. KCC 21A.30.068, Livestock management – Waste disposal.

10. KCC 21A.30.075, Livestock interdisciplinary teams.

1. Possession of animals that may infect people with rabies is prohibited in the City in accordance with WAC 246-100-197.

2. Possession of wild animals is prohibited in the City in accordance with WAC 220-450-030.

3. Possession of animals that can cause damage to the natural environment is prohibited in the City in accordance with WAC 220-650-200.

4. Possession of dangerous animals that pose a threat to people, livestock, or pets is prohibited in the City in accordance with Chapter 16.30 RCW.

5. Possession of roosters (male chickens with an age of over 30 days old) is prohibited.

6. Possession of animals that emit long, frequent, or continued noises are prohibited.

1. State/Federal Regulations. The zoological park must comply with all State and Federal laws for the procurement of, and possession of, animal specimens as provided for by, but not limited to, the U.S. Department of Agriculture and the U.S. Fish and Wildlife Service.

2. Fencing is provided per IMC 18.600.090.

3. Size. The parcel is at least two and one-half acres in size but no greater than seven and one-half acres.

1. Lots of at least 6,000 square feet may have up to three chickens. One additional chicken is permitted for every 2,000 square feet of additional lot area.

2. Chickens shall be provided with a fenced chicken run that is set back a minimum of 10 feet from all property lines.

3. Fences shall be constructed with sturdy materials around the perimeter of the chicken run. Chicken feed storage shall not be located in the front yard and shall be constructed to be weather and rodent resistant in accordance with subsections (F)(4)(d) and (F)(4)(e) of this section.

4. Chickens must have a clean, well maintained dwelling shelter.

1. When there is a solid fence, vegetation barrier, or structure at least six feet high separating the hive from the property line, extending at least 10 feet from the hive along the property line in both directions; or

2. When hives are located indoors such as during inclement weather.

1. Upon initial violation, the code enforcement officer shall contact the beekeeper to review the contents of this chapter and verify that the bees will be maintained in compliance with this chapter.

2. Repeated noncompliance may result in enforcement per Chapter 8.45 IMC. (Ord. 3109 § 3 (Exh. A), 2025).

1. Conducted by the Planning Director/Manager pursuant to the Level 2 review process outlined in IMC 18.204.030; and

2. Used to determine if the site is operating consistent with the most current standards and to establish other conditions as necessary to mitigate identifiable environmental impacts. (Ord. 3013 § 8 (Exh. J), 2023).

1. Encourage the location and operation of day care operations and adult family homes throughout the City while maintaining the compatibility of the use with adjoining properties and uses;

2. Regulate the location and maintain standards of day care operations and adult family homes in order to protect the health, safety and welfare of children, disabled adults, employees, and the community; and

3. Provide the opportunity for various forms and sizes of day care operations and adult family homes throughout the City, including but not limited to: day care centers, family day care centers, adult day care centers, and adult family homes.

1. General Day Care Operation Criteria.

2. Day Care Center Criteria.

3. Family Day Care Center Criteria.

4. Adult Family Home Standards. An adult family home must have no more than six residents. An adult family home may provide services to up to eight adults upon approval from the state under RCW 70.128.066.

1. Conditions. The City may require operation conditions, including the hours of operation, in order to ensure compatibility with the surrounding land uses; and

2. Safety and Welfare. Every temporary day care operation must ensure the safety and welfare of the children using those services while under the care and supervision of the staff and/or owners of such establishment. (Ord. 3097 § 4 (Exh. A), 2025; Ord. 3088 § 4 (Exh. A), 2025; Ord. 3016 § 2 (Exh. B), 2023. Formerly 18.502.060).

1. Manufactured Home Subdivision.

2. In addition to any State requirements (for example, RCW 35A.21.312), manufactured homes must also meet all of the following requirements:

3. A mobile home is not a manufactured home.

1. Ensure assisted living facilities are compatible in scale and character to the surrounding neighborhood or area;

2. Provide enjoyable and safe housing for assisted living facilities’ residents and the surrounding community; and

3. Recognize special safety and compatibility considerations regarding the assisted living facilities and the surrounding land uses by providing compatibility between this specialized multifamily use and the surrounding land uses.

1. Provide amenity space consistent with Chapter 18.608 IMC, Community and Amenity Spaces.

2. Building Modulation. Building modulation is intended to break up the overall bulk and mass of the exterior of an assisted living building, including townhouses. Modulation should also add character to the overall building exterior as well as to individual units. These building modulation standards apply to areas that do not have City adopted architectural standards or active Architectural Review Committees.

3. Roofline Variation. Roofline variation is intended to break up the overall bulk and mass of a multifamily building and to provide a visual relief as viewed against the skyline. Roofline variation must occur on all assisted living structures with rooflines that exceed 50 feet in length. These building roofline variation standards apply to areas that do not have City adopted architectural standards or active Architectural Review Committees. Architectural standards have been adopted for Central Issaquah and Olde Town Single-Family/Duplex zone, and Architectural Review Committees are active in the Issaquah Highlands and Talus.

1. Provide incentives through parking requirement reductions and density bonus provisions to develop housing opportunities for persons 55 years of age or older in a responsive and appropriate manner consistent with their needs;

2. Regulate the bulk, height, and spacing of buildings in order to obtain adequate light, air, and privacy;

3. Provide a well-designed and safe environment for seniors; and

4. Ensure that senior housing is compatible with the surrounding area and adjacent land uses.

1. Density Bonus. In those zoning districts where senior housing developments are permitted by IMC 18.402.020, Table of permitted uses, the density bonus provision may be used to increase the density above the base density allowed in the zoning district by meeting all of the following:

2. Occupancy. Occupancy of senior housing units is restricted to persons 55 years of age or older with the following exceptions:

3. Parking Standards. Parking standards for bonus density units are in Table 18.604.080(A), Table of Off-Street Parking Standards.

1. Building Modulation. Building modulation is intended to break up the overall bulk and mass of the exterior of a senior housing building, including townhouses. Modulation should also add character to the overall building exterior as well as to individual units. These standards apply to areas that do not have City adopted architectural standards or active Architectural Review Committees. Architectural standards have been adopted for Central Issaquah and Olde Town Single-Family/Duplex zone, and Architectural Review Committees are active in the Issaquah Highlands and Talus.

2. Roofline Variation. Roofline variation is intended to break up the overall bulk and mass of a multifamily building and to provide a visual relief as viewed against the skyline. Roofline variation must occur on all senior housing structures with rooflines which exceed 50 feet in length. These building roofline variation standards apply to areas that do not have City adopted architectural standards, or active Architectural Review Committees. Architectural standards have been adopted for Central Issaquah and Olde Town Single-Family/Duplex zone, and Architectural Review Committees are active in the Issaquah Highlands and Talus. Roofline variation must be achieved using at least one of the following methods:

1. Achieve lot size reduction to protect the natural environment and encourage economically viable subdivisions.

2. Encourage a sense of community within each residential development while protecting the surrounding environment.

3. Achieve the maximum allowable density, as established on Table 18.402.020, Table of Permitted Uses in Residential Zones, on developable land while preserving critical areas and other pervious surfaces through lot size reduction.

4. Provide more common usable and native forested open space within cluster developments that are not a part of a platted lot.

5. Encourage affordable housing through the provision of smaller lots.

6. Provide a more efficient arrangement of structures for providing services and infrastructure.

1. Minimum Area. A minimum of two acres is required for a cluster development; however, there is no minimum lot size for individual units within the development.

2. Consistency With Policies. The proposed development will be consistent with the standards of the City’s subdivision regulations in Chapter 18.300 IMC, General Provisions, this Code and all other pertinent development, whether local, State or Federal.

3. Development Standards.

4. Projects including 10 or more housing units are required to provide 10 percent of the units as affordable to median income households. The level of affordability must be determined according to the following schedule:

5. Projects must comply with IMC 18.606.130, Landscape and irrigation plan requirements. Additionally, landscaping of all building setbacks and internal areas between buildings, except for ingress and egress (driveways and sidewalks), shall be as required for multifamily residential uses in IMC 18.608.080.

6. Impacts. The proposed clustering of the development may not have a substantial adverse impact on adjacent property, the character of the neighborhood or community, or other elements affecting the public health, safety, and general welfare.

7. Implementation.

8. Zero Lot Line Standards. The following are additional approval criteria for zero lot line cluster development, if selected:

1. Create affordable housing options;

2. Provide a source of income for households through rentals;

3. Foster and support extended families; and

4. Allow family members, primarily older adults, to live independently at a reduced cost.

1. The provisions of this section apply to all accessory dwelling units (ADU).

2. A nonconforming structure may be converted into an ADU.

1. An ADU may be constructed on a lot that meets the minimum lot size required for the principal unit as defined in Chapter 18.404 IMC, Form and Intensity.

2. ADUs do not count towards lot density if associated with a detached single-family structure. ADUs associated with middle housing or multifamily housing will count towards unit lot density.

1. If an ADU was created without being part of a project for which a building permit was finalized, the City requires a new building permit to confirm that the structure will not pose a hazard to people or property and meets the requirements of this section and Building Code.

2. Reinstating an ADU. The owner of a building in which an ADU previously existed and was removed may reinstate an ADU provided the City building official determines through a building inspection that the ADU is sound, does not pose a hazard to people or property, and meets the requirements of this section and the Building Code. Please see Chapter 16.04 IMC, Construction Codes, for applicable fee.

3. Utilities. The City must review utility connections (water, gas, and electric) to ensure adequate capacity. The ADU may be served by the same connection and same meter as the principal dwelling as long as fixture count and fire flow demands can be met.

4. Code Enforcement. Upon determination that there has been a violation of any provision of this section, the City may pursue code enforcement in accordance with the provisions of Chapter 8.45 IMC, Code Enforcement.

1. Number. Two ADUs, in any combination of attached or detached, may be permitted for one single-family detached residence or with middle housing as long as the lot complies with the allowed lot density and minimum lot size for the principal unit. For example, one single-family dwelling unit can have one ADU in the dwelling unit and one ADU above the garage. Single-family dwelling units that are on legally nonconforming lots may be permitted up to two ADUs, and must comply with Chapter 18.214 IMC, Nonconforming Uses and Structures.

2. Size. The square footage of each individual ADU shall not exceed 1,000 square feet, excluding any nonliving areas such as garage area, storage sheds, or decks, unless the excluded area is the location of the proposed ADU.

3. Height. ADUs must comply with the height required for the principal unit as defined in Chapter 18.404 IMC, Form and Intensity.

4. Design and Construction Standards.

5. Parking. Adequate parking must be provided on site for the single-family detached dwelling, middle housing development, and for the ADU as specified in Chapter 18.604 IMC, Parking. Tandem parking may be used to fulfill this requirement.

6. Home Businesses and ADUs. The ADU and/or primary residence may contain one or more home business if the home business is reviewed and approved as regulated by IMC 18.502.120.

7. Address. An ADU must have a separate address from the principal unit.

8. Condominium Conveyance. The City may not prohibit the sale or other conveyance of a condominium unit independently of a principal unit solely on the grounds that the condominium unit was originally built as an accessory dwelling unit. (Ord. 3092 § 3 (Exh. C), 2025; Ord. 3016 § 1 (Exh. A), 2023).

1. Applying Senior Housing Standards for Persons With Special Housing Needs. A deviation from IMC 18.500.060(B)(2), that occupancy is restricted to persons 55 years of age or older, may be sought to allow persons under the age of 55 with special housing needs such as disabled or low-income persons. A deviation must meet all the criteria in IMC 18.202.080 and the following approval criteria specific to a senior housing deviation:

1. Support housing stability and individual safety for those experiencing or who are close to experiencing homelessness; and

2. Ensure that housing is accessible to all economic segments of the population.

1. Density. The density for permanent supportive housing, transitional housing, and emergency housing is limited by the development regulations of the underlying zoning district in which the use is proposed. (Ord. 3060 § 6, 2024).

1. Density. The density of a day center/night shelter is limited by the development regulations of the underlying zoning district.

2. Occupancy. Individual day centers/night shelters are limited to a maximum number of 50 occupants. (Ord. 3060 § 7, 2024).

1. The existing building received a final certificate of occupancy at least three years before the submittal of the development application.

2. The existing building is located in a nonresidential land use district where multifamily dwellings are a permitted use in accordance with Chapter 18.402 IMC, Permitted Uses.

3. The development application does not expand the existing building horizontally, except for the addition of the incidental features listed below that may be necessary to accommodate residential use; provided that such incidental features do not increase the floor area of the structure:

4. The development proposal does not expand the existing building vertically except as necessary to accommodate mechanical equipment, stairs, or expansion of rooftop features related to residential uses, such as common areas and rooftop decks for use by residents of the building.

1. Existing parking shall be retained to meet the minimum parking requirements for the building use prior to conversion. If the existing parking does not meet the minimum parking requirement for residential uses, no additional parking shall be required. Additional parking may be required for non-residential uses that do not meet the minimum parking requirements.

2. No exterior design or architectural requirements apply to eligible residential development unless the building is a designated landmark.

3. Eligible residential development is exempt from all applicable dimensional requirements including setbacks, lot coverage, and floor area ratio.

4. Any nonconforming use, nonconforming structure, or nonconforming site may continue when all of the requirements of subsection (B)(4)(a) of this section are met. However, once a final certificate of occupancy is issued, such nonconformities may continue only to the extent allowed by Chapter 18.214 IMC, Nonconforming Uses and Structures.

5. If the existing building was originally constructed using the development bonus program, then the benefit or amenity provided in exchange for receipt of that bonus must remain and be maintained following the addition of dwelling units under this section subject to the original requirements, except that the location of the benefit or amenity may be moved elsewhere on the site or within the existing building subject to the approval of the Director.

6. Conversion projects that take place within the urban core or mixed-use Central Issaquah zones or in the vertical mixed-use overlay must comply with IMC 18.514.060, Required affordable housing.

1. The redevelopment for multifamily residential use of any existing building located fully or partially within a critical area, critical area structure setback, or critical area buffer designated or established under Chapter 18.802 IMC, Critical Areas Regulations, is subject to the requirements of Chapter 18.802 IMC. To the extent that any provision of this section conflicts with any requirement contained in Chapter 18.802 IMC, Chapter 18.802 IMC shall control.

2. Ground level nonresidential uses do not apply to this section. (Ord. 3105 § 5 (Exh. A), 2025).

1. Provide efficient, convenient, pedestrian-oriented, nonresidential uses that are developed at a human scale; and

2. Encourage uses that offer a variety of services and goods within areas of the City. (Ord. 3016 § 2 (Exh. B), 2023).

1. SF-SL Zone.

2. CBD Zone. For lots with frontage on Front Street, ground-floor a nonresidential use is required and must be oriented to Front Street with a minimum depth of 20 feet. The only commercial uses that satisfy this requirement are those uses that are currently allowed in the CBD and that are included under the use categories of Table 18.402.020 titled Food and Beverage, Medical, Office/Professional, and Retail/Services.

3. Multifamily Zones.

1. Vacant or uninhabited commercial properties must be maintained to remove litter, garbage and yard waste, and control noxious/destructive plants.

2. Weeds, grass, and other plants may not exceed 24 inches in height above grade, unless such plant is part of an approved landscape plan per Chapter 18.606 IMC or is for tree preservation per Chapter 18.812 IMC.

1. Ensure that the location and operation of the bed and breakfast operation are consistent with the existing character of the surrounding area in terms of appearance, traffic levels, and other development standards; and

2. Provide for the safety of guests and residents.

1. Annual Review. An annual review of a bed and breakfast operation is a condition of approval and must be done concurrently with the renewal of the business license. If the review indicates that the operation is not being conducted according to the approval criteria, the renewal of the business license must be denied, or must be approved only upon documentation that the approval criteria are met.

2. Bathroom Facilities. Separate toilet and shower facilities for the exclusive use of guests must be provided and cannot be shared with the owner or manager/proprietor.

3. Compliance With County and State Guidelines. The operation must comply with the most current guidelines as developed by the Washington State Office of Environmental Health and the King County Department of Public Health.

4. Dwelling Unit. Whether the bed and breakfast is operated as a home business or as a nonhome business, the owner, proprietor, or manager of the operation must live on the premises. To accommodate this, a dwelling unit for the owner, proprietor, or manager must be provided.

5. Food Service.

6. Parking. Compliance with Chapter 18.604 IMC, Parking, is required. Where possible, required parking must be located on site, and to the side or rear of the operation. Parking area landscaping must be provided in accordance with the City’s adopted landscape regulations, Chapter 18.606 IMC.

7. Refuse/Recycling. In residential zones, the refuse/recycling area must be designed and screened so that there is no adverse impact to the neighborhood. In zones that are not residential, the operation must abide by the regulations for waste collection areas, IMC 18.600.100.

8. Signs must comply with Chapter 18.612 IMC, Signs. (Ord. 3016 § 2 (Exh. B), 2023).

1. Location. Permitted in zones use as shown in IMC 18.402.020. In Central Issaquah, only allowed in the MU-CI zone along East Lake Sammamish Parkway SE or 221st Place SE.

2. Provide controlled access that is monitored electronically and/or by facility staff at all times.

3. Colors. Exterior colors, including any internal corridors or doors visible through windows, must be colors consistent with the Olde Town single-family/duplex architectural standards, regardless of development location. Provided, however, this shall not apply to areas with adopted color palettes (Central Issaquah, Olde Town) or active Architectural Review Committees (Issaquah Highlands, Talus).

4. Building design for self-storage facilities outside of areas that do not have City adopted architectural standards (Central Issaquah) or active Architectural Review Committees (Issaquah Highlands, Talus) shall include the following:

5. Access. The use of public right-of-way is prohibited for access to individual storage units or circulation between rows of units.

6. Storage unit doors to individual units within the self-storage building must not face any residential zoned property or a designated major street.

7. Loading bay doors for access to the facility as a whole must not face any residential zoned property or designated major street unless the site location offers no alternative.

1. Have an architecturally prominent entry and lobby to provide a sense of entry.

2. Have at least 40 percent of each façade at each floor composed of exterior wall openings filled with transparent windows. Such treatment may be omitted from those portions of façades that face inward to a self-storage development and are not visible from any surrounding right-of-way or property. (Ord. 3016 § 2 (Exh. B), 2023).

1. Overnight Boarding. Only veterinary clinics and boarding kennels may provide overnight boarding services. These services must be located in a building and the structure must be soundproofed to minimize noise impacts to the surrounding properties and comply with IMC noise regulations.

2. Indoor Accessory Services and/or Uses. Veterinary clinics and pet day cares within any allowed zoning district, except for the IC (Intensive Commercial) zoning district, must have all accessory services and/or uses located indoors.

3. Outdoor Accessory Services and/or Uses. Veterinary clinics and pet day cares located within the IC (Intensive Commercial) zone and boarding kennels located in any allowed zone may have outdoor accessory services and/or uses, such as animal exercise areas, subject to the following conditions:

1. Be entirely within a permanent enclosed structure with a roof;

2. Be the primary use at a location. Recreational cannabis facilities are not allowed as an accessory use or as a home business;

3. Be operated by persons or entities holding a valid cannabis license from the Washington State Liquor and Cannabis Board issued under Chapter 314-55 WAC and any other applicable State laws and regulations;

4. Obtain a City business license;

5. Ensure that no horticulture production, processing, or delivery of cannabis to the business owner(s) is visible to the public outside the structure; and

6. Allow inspection of the site and facilities by City personnel including law enforcement for compliance with all applicable permits and licenses at any time during regular business hours.

1. Only one recreational cannabis facility is allowed in a single tenant space, except a cannabis licensee holding both cannabis producer and cannabis processor licenses may locate their combined operation in a single tenant space.

2. No recreational cannabis facility is be permitted within 500 feet of any other recreational cannabis facility.

3. If a use listed in subsection IMC 18.502.100(D) locates within 1,000 feet of a recreational cannabis facility after the recreational cannabis facility is lawfully established, such use may not benefit from the separation requirements of this subsection. A recreational cannabis facility is lawfully located under the Issaquah Municipal Code if it has located within the City in accordance with the requirements of this section.

4. No more than two retail facilities may operate in Issaquah at any time regardless of State allocation of retail cannabis licenses.

1. The application must be made by:

2. A map drawn to scale showing that the proposed recreational cannabis facility is at least 1,000 feet from all uses specified in RCW 69.50.331 and WAC 314-55-050. A survey prepared by a surveyor licensed in the State of Washington may be required by the Director; and

3. The applicant must submit a copy of the operating plan required by the Washington State Liquor and Cannabis Board as part of the license application.

1. Have installed, prior to issuance of a business license, an operational security system that is monitored 24 hours a day;

2. Have installed, prior to issuance of a business license, an operational security camera system which retains recordings from all installed cameras for a period of not less than 60 days;

3. Have installed, prior to issuance of a business license, any other security system as required by WAC 314-55-083; and

4. Comply with the crime prevention through environmental design (CPTED) standards, to the extent possible. (Ord. 3016 § 2 (Exh. B), 2023).

1. Expressive dance as defined in IMC 5.10.030(N);

2. Plays, operas, musicals, or other dramatic or artistic works;

3. Classes, seminars, or lectures conducted for a scientific, educational, or artistic purpose;

4. Printed materials or visual representations intended for educational, scientific or artistic purposes;

5. Nudity within a locker room or other similar facility used for changing clothing in connection with athletic or exercise activities;

6. Nudity within a hospital, clinic, or other similar medical facility for health-related purposes; and

7. All movies and videos that are rated G, PG, PG-13, R and NC-17 by the Motion Picture Association of America.

1. Location. An adult entertainment facility may not be located within 500 feet of any of the following zones or uses whether such zones or uses are located within or outside of the City limits:

2. Measurement. In calculating the measurement of the 500-foot buffer between an adult entertainment facility and a protected zone or use specified in subsection (D)(1) of this section, such distance must be measured by extending a straight line between the nearest boundary line of a protected zone or nearest physical point of the structure housing a protected use, to the nearest physical point of the structure housing an adult entertainment facility.

3. One Adult Entertainment Facility per Site. No more than one adult entertainment facility is permitted on any given lot.

4. North Issaquah Annexation Area. No adult entertainment facility may be permitted to locate within the territory of the North Issaquah Annexation area, as described in Ordinance No. 2264, passed by the Issaquah City Council on December 6, 1999.

1. Ensure the compatibility of home businesses with other uses permitted in the residential zoning districts;

2. Promote the efficient use of public services and facilities while ensuring that commercial users do not reduce the City’s public services and facilities level of service to intended residential users;

3. Encourage flexibility in the workplace and creativity in careers by permitting home businesses; and

4. Regulate home businesses because of the potential impact to the surrounding neighborhood.

1. The home business must obtain a business license per Chapter 5.02 IMC.

2. The home business must not compromise or violate any underlying development standards of the zone where the residence is located.

3. The home business may not change the existing character of the residence or surrounding community. In order to maintain the existing character, the home business must meet the following criteria:

4. The home business is incidental and subordinate to the primary use of the structure as a dwelling. No more than 25 percent of the gross floor area of the residence may be used for the home business.

5. Any home business that requires in-person client or public visits to the home is subject to additional approval per IMC 18.402.020, Table of permitted uses, and Level 2 review under IMC 18.204.020, Review levels. Uses that generate noise also require the additional approval under Level 2 review. Examples of such uses include, but are not limited to, bed and breakfasts, chiropractors, kennels, home woodshops, and music teachers.

6. The home business cannot result in hazards or environmental impacts to the surrounding community. Impacts must be prevented by the following measures:

7. At a kennel or animal breeding facility, only indoor boarding is allowed.

8. Additional Conditions. In granting approval for a home business, the City may attach additional conditions to ensure the home business meets the intent of this section. For example, the City may require additional sound proofing or screening measures to reduce home business impacts to neighborhoods.

9. Any home business authorized under this Code must be open to inspection and review at all reasonable times by an authorized City official for purposes of verifying compliance with the approval criteria and other Code provisions.

1. Repair, building, servicing, and sale of on-site vehicles or boats;

2. Antique shop or gift shop;

3. Veterinary clinic or hospital;

4. Painting of vehicles, trailers or boats;

5. Large appliance repair including stoves, refrigerators, washers and dryers;

6. Machine and sheet metal shops;

7. Martial arts school; dance or aerobics studio;

8. Small engine repair;

9. Recreational marijuana facilities;

10. Marijuana cooperatives; and

11. Uses which may include hazardous chemicals or other items which may potentially be hazardous to the surrounding area.

1. Garage and yard sales. To qualify for this exemption, all garage and yard sales must involve only the sale of household goods, none of which were purchased for the purpose of resale;

2. Temporary home boutiques or bazaars for handcrafted items;

3. Parties for the display of domestic products;

4. Other similar short-term uses or sales. (Ord. 3097 § 3 (Exh. A), 2025; Ord. 3068 § 1 (Exh. A), 2024; Ord. 3016 § 2 (Exh. B), 2023).

1. The natural physical features of the land would result in an effective separation between the proposed adult entertainment facility and the protected zone or use in terms of visibility and access;

2. All adjacent properties have commercial zoning districts that are compatible with the adult entertainment business use, as demonstrated through the table of permitted uses, IMC 18.402.020;

3. The applicant demonstrates a hardship is created by a lack of alternative locations for the proposed adult entertainment facility; and

4. The applicant has proposed conditions that would minimize the adverse secondary effects of the proposed adult entertainment facility. (Ord. 3016 § 2 (Exh. B), 2023).

1. Ensure compatibility with surrounding uses regarding aesthetics, height, and other development standards;

2. Encourage uses that offer a variety of services and goods within the City; and

3. Provide for utility facility improvements and additions necessary to meet local and regional needs and implement Issaquah’s Comprehensive Plan. (Ord. 3016 § 3 (Exh. C), 2023).

1. Height. Wireless and other communication towers and water storage tanks must be designed so as to be the lowest height possible to adequately serve the needs of the utility.

2. Undergrounding. Communication facilities must be installed underground or within buildings to the greatest extent practical in order to maximize safety and minimize visual and noise impacts upon surrounding properties. Electrical distribution lines must also be installed underground in accordance with the terms and conditions established by the Washington Utilities and Transportation Commission.

3. Architectural Form and Character.

4. Noise. No machinery or equipment may cause noise beyond established State standards as measured at the property line, electrical interference, or similar disturbances.

5. Residential Areas.

1. Ensuring adequate review of operating aspects of extractive sites;

2. Requiring project phasing on large sites to minimize environmental impacts;

3. Requiring minimum site areas large enough to provide setbacks and mitigations necessary to protect environmental quality; and

4. Requiring periodic review of extractive and processing operations to ensure compliance with the most current operating standards.

1. The minimum site area of an extractive operation must be 10 acres;

2. Extractive operations on sites larger than 20 acres must occur in phases to minimize environmental impacts, and the size of each phase must be determined during the review process;

3. Fences must be:

4. Warning and trespass signs advising of the extractive operation must be placed on the perimeter of the site adjacent to residential zones at intervals no greater than 200 feet along any unfenced portion of the site where the items noted in subsections (E)(3)(a)(1) through (E)(3)(a)(3) of this section are present;

5. No clearing, grading or excavation is permitted within 20 feet of any property line. Provided, however, clearing, grading and excavation may be within 20 feet of a property line under any of the following circumstances:

6. Landscaping as required pursuant to Chapter 18.606 IMC must be provided along any portion of the site perimeter where disturbances such as site clearing and grading, or mineral extraction or processing, is performed, except where adjacent to another extractive operation; and

7. Lighting must:

1. Noise levels produced by an extractive operation may not exceed levels specified by IMC 18.518.020;

2. Dust and smoke produced by extractive operations may not substantially increase the existing levels of suspended particulates at the perimeter of the site and must be controlled by watering of the site and equipment or other methods specified by the City;

3. The applicant must provide for measures to prevent transport of rocks, dirt and mud from trucks onto public roadways;

4. Traffic control measures such as flagmen or warning signs as determined by the City must be provided by the applicant during all hours of operation; and

5. The applicant is responsible for cleaning of debris or repairing of damage to roadways caused by the operation.

1. Financial guarantees must be sufficient to cover the cost of conformance with conditions of the permit, including corrective work necessary to provide drainage consistent with approved plans and conditions, to remove geologic hazards, and to protect water quality and the public health, safety, and welfare. The financial guarantee may be reduced proportionately for phased projects as work is completed and subsequent reclamation and/or restoration on each phase is completed. The request for reduction must be in writing.

2. Financial guarantees may be waived on:

1. Small wireless facility sites may be consolidated into one permit application for processing. If the sites within the consolidated permit have differing review timelines, the longer timeline will apply to review of the consolidated grouping of sites. The process in IMC 18.204.040, Optional consolidated review, may not apply to the consolidated permit review of small wireless facilities.

2. A network provider may elect to apply for a land use permit and a building permit as a consolidated application. The network provider acknowledges the building permit submittal is an at-risk permit and is dependent upon receiving the land use permit. (Ord. 3016 § 7 (Exh. G), 2023).

1. The location of overhead and underground public utility, telecommunication, cable, water, adjacent lighting, sewer drainage and other lines and equipment within 50 feet of the proposed project area (which project area must include the location of the fiber source and power source). Further, the applicant must 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 from the proposed project area.

2. 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 areas to be disturbed during construction.

3. The construction drawings must also include the applicant’s plan for electric and fiber utilities, 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 electric and fiber utilities, conduits, cables, and related improvements. Where another party is responsible for installing such electric and fiber utilities, conduits, cables, and related improvements, applicant’s construction drawings will include such utilities to the extent known at the time of application, but at a minimum applicant must indicate how it expects to obtain fiber and electric service to the small cell facility.

4. If the site location includes a replacement or new light pole that is placed more than five feet away from the existing location, then the applicant must submit a photometric analysis of the roadway and sidewalk 150 feet upstream and downstream of the existing light.

1. Level 1 land use permit applications applicable to this section do not require written notification.

2. Level 1 land use permit applications with new equipment proposed require the applicant to provide written notification to adjacent property owners to the subject site. Notwithstanding the above, this notification requirement shall not apply for small wireless facilities to be sited on an existing structure or eligible facilities requests.

3. Level 2 land use permit applications proposed require the applicant to provide written notification to property owners within 500 feet of the subject site (parcel).

4. The associated mailing list and mailer notification is required as part of the submittal packet for any land use permit that requires written notification.

5. Network provider or representative must provide the City with a distribution list of property owners and a copy of the materials distributed as part of the application for the associated land use permit. (Ord. 3016 § 7 (Exh. G), 2023).

1. The accuracy and completeness of submissions; and

2. The applicability of analysis techniques and methodologies; and

3. The validity of conclusions reached; and

4. Any specific technical issues designated by the City. (Ord. 3016 § 7 (Exh. G), 2023).

1. Locate With Existing WCF. Network provider must provide the designated official with documentation that establishes that it contacted the owner of each facility that currently houses a macro cell facility located within 1,000 feet of the proposed location and that owner has denied the network provider’s request to collocate. If the request was granted but the network provider believes it still cannot locate at that location for other reasons, the network provider must provide the designated official with a detailed explanation of those reasons.

2. Nonresidential Zones. Network provider must provide the designated official with documentation that establishes that it considered locations within those nonresidential zones located within 1,000 feet of the proposed location. This documentation must outline the reasons why such locations within nonresidential zones are infeasible.

3. Building or Structure Mounted. Network provider must provide the designated official with documentation that establishes that it contacted the owner of each structure (nonresidential single-family) located within 1,000 feet of the proposed location which is sufficient height to accommodate a macro cell facility and that structure owner denied the network provider’s request to place its facilities on that structure. If the request was granted but the network provider believes it still cannot locate at that location for other reasons, the network provider must provide the designated official with a detailed explanation of those reasons.

4. Located in Setbacks. New poles may not be located in any zoning setback area on private and public property.

1. Locate With Existing WCF. Network provider must provide the designated official with documentation that establishes that it contacted the owner of each facility that currently houses a WCF located within 150 feet of the proposed location and that owner has denied the network provider’s request to collocate. If the request was granted but the network provider believes it still cannot locate at that location for other reasons, the network provider must provide the designated official with a detailed explanation of those reasons.

2. Existing or Replacement Poles. Network provider must provide the designated official with documentation that establishes that it contacted the owner of each existing pole (non-City-owned) within 150 feet of the proposed location and that pole owner denied the network provider’s request to place its facilities on that pole. If the request was granted by the pole owner but the network provider believes it cannot locate at that location for other reasons, the network provider must provide the designated official with a detailed explanation of those reasons which must be technical in nature.

3. Building or Structure Mounted. Network provider must provide the designated official with documentation that establishes that it contacted the owner of each building or structure (except buildings or structures listed as allowed with conditions or prohibited) located within 150 feet of the proposed location and that structure owner denied the network provider’s request to place its facilities on that structure. If the request was granted by the structure owner but the network provider believes it cannot locate at that location for other reasons, the network provider must provide the designated official with a detailed explanation of those reasons which must be technical in nature.

4. Nonresidential Zones. Network provider must provide the designated official with documentation that establishes that it considered all properties within nonresidential zones within 150 feet of the proposed location. This documentation must outline the reasons why such nonresidential properties are infeasible.

5. Property Outside of Public Right-of-Way. Network provider must provide the designated official with documentation establishing that it contacted the owner of each property located within 150 feet of the proposed location where a new pole could be placed, and such property owner denied the network provider’s request. If the request was granted by the property owner but the network provider believes it cannot locate at that location for other reasons, the network provider must provide the designated official with a detailed explanation of those reasons which must be technical in nature.

6. Located in Setbacks. New poles may not be located in any setback area on private and public property.

1. Satellite Dish, Large.

2. Amateur Radio Towers.

3. Macro or Small Wireless Antenna.

1. Macro Towers.

2. New Poles to Accommodate Small Wireless Antenna.

c. New poles must be designed to be consistent with Figure 18.512.110, Pole Height Configuration – 30 Feet Maximum, or as otherwise approved by the designated official.

3. Replacement Poles.

4. Pole-Mounted Equipment.

1. It is the City’s preference to not have above-ground equipment in the right-of-way or on public property.

2. Where located in the right-of-way and subject to permitting and franchise requirements, equipment must only be installed where equipment will not interfere with existing or future City uses of the right-of-way; the rights of private property owners; other utility fixtures and services; water hydrants or mains; wastewater systems; traffic control devices; or any other service or facility (existing or planned) that benefits the City or the health, safety, or welfare of its residents. Further, ground equipment must comply with the Americans with Disabilities Act (ADA) regulations and sidewalk clearance requirements.

3. Where located in the right-of-way and not able to be underground, ground equipment must serve as a public amenity, where feasible. Network provider must work with the designated official to conceal equipment. Benches, kiosks, wayfinding, planters, etc., could all be considered as public amenities.

4. Equipment installations may not be placed in front of the primary entrance to a residence or any business or at any other location where it would unduly interfere with the operation of a business, including blocking views of the entrance, signage, or display windows.

5. Screening (Outside of Right-of-Way).

6. Proposed equipment may not be located to reduce the amount of on-street parking or interfere with access to meters, fire hydrants, or other objects of street hardware in the right-of-way.

7. The size of aboveground equipment enclosures must be minimized.

1. Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

2. 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).

3. 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 (1) and (2) 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. However, the term does not include any structure that, at the time the relevant application is filed with the City under this section, does not support or house equipment described in subsections (1) and (2) of this definition.

1. Collocation of new transmission equipment;

2. Removal of transmission equipment; or

3. Replacement of transmission equipment.

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

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

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

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

5. It would defeat the concealment elements of the eligible support structure; or

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

1. To toll the time frame for incompleteness, the designated official must 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 on the date which the applicant makes a supplemental submission in response to the designated official’s notice of incompleteness to render the application complete.

3. Following a supplemental submission, the designated official will notify the applicant within 10 days that 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 were not delineated in the original notice of incompleteness.

1. Remediation plan;

2. Time frame for execution; and

3. Additional information.

1. The applicant provides sufficient technical or other relevant information that demonstrates there are no “encouraged” or “discouraged” sites available;

2. The proposed siting will minimize visual and noise impacts to adjacent uses; and

3. The applicant will provide the City with a hold harmless and indemnification, on a form acceptable to the City Attorney, for any damage, injury, or other claim resulting from the deviation. (Ord. 3016 § 7 (Exh. G), 2023).