B. Day Care establishments are subclassified as follows:

A. Business License Required. A City of Moses Lake Business License Endorsement is required for all daycares located within the City of Moses Lake.

B. Day Care I. Day Care I shall be processed as a Type I permit.

C. Day Care II. Day care II shall be processed as a Type III permit and shall require the following minimum conditions:

D. Passenger Loading Area. A safe passenger loading area must be provided for both Day Care I and Day Care II. (Ord. 3051, 9/24/24)

A. Cargo containers are allowed in the commercial and industrial zones and shall be processed as a Type I permit. Cargo containers are prohibited in the residential zones. Cargo containers are not a use but an alternative form of storage. The use of the cargo container shall conform with the standards of the underlying zoning district.

B. Storage of junk, inoperable vehicles, scrap materials, garbage, or the like is strictly prohibited in cargo containers.

C. Cargo containers shall not be used for any types of human occupancy or animal sheltering.

D. Cargo containers shall not be stacked.

E. Cargo containers must be placed on an improved surface such as gravel, asphalt, or concrete, and must be placed fully on said surface and any axles must be removed.

F. Cargo containers shall comply with the underlying zone building setback requirements.

G. Materials stored within cargo containers are subject to review and approval by the Fire Department. Cargo containers used in conjunction with a business regardless of zoning are also subject to review and approval by the fire district.

H. Licensed and bonded contractors may use cargo containers on-site for the temporary location of an office, equipment, or materials storage structure during construction which is taking place on the property.

I. For permanent commercial and industrial uses, cargo containers must undergo standard building permit procedures.

J. Temporary use of commercial or industrial cargo containers will be determined on a case-to-case basis on the authority of the Director. Time limits may be set and inspections required. (Ord. 3051, 9/24/24)

A. Application Type. Application for a business license shall be processed as a Type I permit.

C. Grant PUD Verification. Prior to approving the business license, the Applicant shall provide written verification from the Grant County Public Utility District (PUD) stating the following:

D. Electrical Permit. Prior to any cryptocurrency mining, server farms, and/or data centers, a copy of the Washington State Department of Labor and Industries electrical permit and written verification that the electrical work has passed a final inspection shall be provided to the City and the PUD.

E. Performance Standards. All cryptocurrency mining operations, server farms, or data centers, including all ancillary equipment/operations for purposes such as cooling, shall be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the surrounding properties and not cause the dissemination of dust, smoke, glare, heat, vibration or noise in excess of the maximum environmental noise level established by City Code or Chapter 173-60 WAC beyond the property line or affecting adjacent buildings. Violation of these established noise levels will result in revocation of a City business license pursuant to City Code or any other applicable penalties.

F. Façade. No facade shall have more than twenty percent (20%) of the area exposed with apparatus (e.g., vents, fans, HVAC systems, etc.).

G. Impacts Beyond Property Line. Any use or activity producing air, noise, exhaust, heat, or humidity in any form shall be carried on in such a manner that it is not perceptible at or beyond the property line.

H. Electrical or Magnetic Fields. Electric fields and magnetic fields shall not be created that adversely affect the public health, safety, and welfare, including but not limited to interference with the normal operation of equipment or instruments or normal radio, telephone, or television reception from off the premises where the activity is conducted.

I. Noise. Noise emanating from a use or activity within an industrial zone which exceeds the maximum permissible noise levels set forth in WAC 173-60-040 and this Chapter shall not be permitted.

A. Airports;

B. State education facilities;

C. State or regional transportation facilities as defined in RCW 47.06.140. These include:

D. Regional transit facilities as defined in RCW 81.112.020;

E. State and local correctional facilities;

F. Solid waste handling facilities;

G. Opioid treatment programs including both mobile and fixed-site medication units;

H. Recovery residences;

I. Harm reduction programs excluding safe injection sites;

J. In-patient facilities, including:

A. In General. Some proposed uses and facility types that are not specifically designated as an EPF should be determined to be an EPF and be subject to the provisions of this Chapter. Other uses may have similarities to EPFs but should be determined to not be an EPF and therefore not be subject to the siting process in this Chapter. The EPF siting process in this Chapter shall not be used to obtain approval for projects that are not EPF.

B. Determination. The Director or designee shall be the Final Decision Maker as to whether a proposed use or facility is an EPF or not. Such a determination shall be considered a Type I Code Interpretation.

C. Required Findings. A proposed use or facility shall be determined to be an EPF only if it is found that:

D. Criteria to Determine if Difficult to Site. In determining whether a proposed use or facility is difficult to site, the following criteria shall be considered, any one or more of which may be a sufficient basis for the required finding:

A. A detailed written description of the proposed and potential public services to be provided, the source or sources of funding, and identification of any applicable public regulatory agencies;

B. A written statement of the need, in statistical or narrative form, for the proposed project currently and over the following ten (10) year period;

C. An inventory of known, existing or proposed facilities, by name and address, within Grant County, or within the region, serving the same or similar needs as the proposed project;

D. An analysis of the proposal’s consistency with the City of Moses Lake Comprehensive Plan and development regulations;

E. An explanation of the need and suitability for the proposed facility in the proposed City location(s);

F. An evaluation of the site’s capability to meet basic siting criteria for the proposed facility, such as: size, physical characteristics, access, and availability of necessary utilities and support services;

G. The site’s relationship to the service area and the distribution of other similar public facilities within the service area or jurisdiction, whichever is larger;

H. A general description of the relative environmental, traffic, and social impacts associated with locating the proposed facility at the proposed and alternative sites which meet the Applicant’s basic siting criteria. The Applicant shall also identify proposed mitigation measures to alleviate or minimize significant potential impacts;

I. A brief description of the process used to identify and evaluate the alternative sites; and

J. Any such information requested by staff. (Ord. 3051, 9/24/24)

A. In General. All Essential Public Facilities shall be subject to the requirements of this section. This process is intended to identify the most appropriate location for a proposed EPF and shall not be used to preclude their siting.

B. Legislative Decision. Given the nature of these facilities and the need to balance competing interests, the Final Decision for approving the siting of an EPF shall be made by the City Council. Generally, an application for an EPF shall follow a Type IV process, and the City Council may opt to hold the public hearing before the City Council.

C. City Analysis. The Director or designee is responsible for performing and compiling an appropriate analysis that will aid the City Council in their final determination on the siting of a proposed EPF. The Director may form an ad-hoc committee whose composition is entirely within their discretion. A final Staff Report shall be completed and promulgated at times appropriate to comply with the notice procedures for a Type IV application.

D. Review Criteria. In making its final recommendation to the City, the Director or designee shall consider the following:

A. Maximum Square Footage. Home occupations shall occupy not more than four hundred (400) square feet total.

B. Performance Standards. Home occupations shall emit no noise, air pollutants, waste products, or other effects detrimental to the environment or the neighborhood beyond those normally emanating from residential use. Further, any occupation which may produce waste products of a quality or quantity not normally associated with residential use shall not qualify as a home occupation.

C. Compliance with Laws. Home occupations shall comply with all other local, state, or federal regulations pertinent to the activity pursued, and the requirements or permission granted or implied by this Chapter shall not be construed as an exemption from such regulations.

D. Business License. Any person engaging in a home occupation shall register as a business under Chapter 5.04 MLMC.

E. Structural Alterations. Structural alterations made to accommodate a home occupation shall be similar in material and style to the principal structure.

F. Exterior Display. No merchandise or stock in trade may be sold, displayed, or stored on any portion of the exterior of the premises.

G. Exterior Storage. No equipment or material may be stored, altered, or repaired on any exterior portion of the premises.

H. Limit on Employees. No persons other than bona fide residents of the dwelling unit may be employed in the home occupation at the site. This limitation shall not apply to Day Care I uses.

I. Limit on Traffic. Traffic generated by home occupations shall not exceed two (2) commercial vehicles per week. The maximum number of vehicles trips per day for the home occupation shall not exceed twenty (20) vehicle trips by customers, clients, or off-site employees. As used here, a trip is considered either the arrival or the departure of a vehicle from the household. For example, one vehicle making a delivery and then leaving immediately would be considered two trips. This limitation shall not apply to Day Care I uses.

J. Parking. Parking of customers’ or clients’ vehicles shall create no hazard or unusual congestion. Parking of customers’ or clients’ vehicles shall be off-street.

K. Incidental Use. The home occupation shall be incidental and subordinate to the principal use of the structure as a dwelling.

L. Use of Utilities. The home occupation shall not increase the water or sewer use so that the combined total use for the dwelling and the home occupation is significantly more than the average for residences in the neighborhood.

M. Mechanical Equipment. No mechanical equipment shall be permitted except that which is normally associated with residential uses.

N. Signs. See MLUDC Chapter 15.735, Signs.

O. Harmony with Surrounding Neighborhood. In granting approval for a home occupation, the reviewing official may attach additional conditions to ensure the home occupation will be in harmony with, and not detrimental to, the character of the residential neighborhood.

P. Inspection. Any home occupation authorized under the provisions of this MLUDC shall be open to inspection and review at all reasonable times by enforcement officials for purposes of verifying compliance with the conditions of approval and other provisions of this code. (Ord. 3051, 9/24/24)

A. Prohibited Home Occupations. The following uses, by the nature of their operation or investment, have a pronounced tendency, once started, to increase beyond the limits permitted for home occupations, or to generate nuisance conditions, and impair the use and value of a residentially zoned area for residential purposes. Therefore, the uses listed below shall not be permitted as home occupations:

A. Revocation Procedure. Upon inspection of the premises, receipt of a written complaint, or during review of the permit, the Director may revoke a home occupation permit approval if the conditions of approval have not been complied with or the home occupation is otherwise conducted in a manner contrary to this Chapter. Any written complaints will be investigated by the Director and the home occupation operator shall have a reasonable opportunity to provide a written response to the complaint prior to final action by the Director.

B. Appeal of Revocation. The final decision of the Director may be appealed by the home occupation operator by filing a written notice with the City Manager within ten (10) business days after the date of the revocation decision. The written appeal notice must contain at a minimum the following information:

A. All members must be at least twenty-one (21) years of age. The designated provider of a qualifying patient under twenty-one (21) years of age may be a member of a cooperative on the qualifying patient’s behalf.

B. All members must hold valid recognition cards.

C. A member can only belong to one cooperative.

D. A member may only grow plants in the cooperative and may not grow plants elsewhere.

E. Members must participate in growing plants. A monetary contribution or donation is not considered assistance. Members must provide nonmonetary resources and assistance in order to participate.

F. Members may grow up to the total amount of plants for which each member is authorized on their recognition cards. At the location, the qualifying patients or designated providers may possess the amount of useable marijuana that can be produced with the number of plants permitted, but no more than seventy-two (72) ounces.

G. Members may not sell, donate, or otherwise provide marijuana, marijuana concentrates, useable marijuana, or other marijuana-infused products to a person who is not a member of the cooperative.

H. A cooperative may not be located within a one-mile radius of a marijuana retailer.

I. A cooperative must be located in the domicile of one of the members. Only one cooperative may be located per property tax parcel.

J. To obscure public view of the premises, outdoor marijuana production must be enclosed by a sight obscuring wall or fence mat the maximum and in compliance with the underlying zoning district.

K. Cooperatives must be registered with the WSLCB, per the criteria and guidelines outlined in WAC 314-55-410. (Ord. 3051, 9/24/24)

A. General Requirements. All recreational marijuana producers, processors and retail outlets are subject to all applicable definitions and requirements of Chapters 69.50 and 69.51A RCW, Chapter 314-55 WAC and other state statutes, as they now exist or may be amended, and must also operate in compliance with the following provisions.

B. Residential Zones. No recreational marijuana producer, processor or retail operation may locate within any residentially zoned district or within any residential unit in the City.

C. Measurement. For purposes of the distance restrictions in this Chapter, the distance shall be measured as the shortest straight-line distance from property line to property line between the marijuana facility and the restricted entity, or from property line to property line between two separate marijuana facilities.

D. Signs. Signage shall comply with Chapter 314-55 WAC and MLUDC Chapter 15.735 requirements, whichever is more restrictive, with no off-site signage permitted.

E. Exterior Displays. There shall be no exterior display of marijuana or marijuana cultivation outside of the premises of a marijuana producer, processor, or retail outlet that is visible from the public right-of-way or public place.

F. Marijuana Retail Outlets.

G. Marijuana Producers and Processors.

I. Conflicts. In the event of a conflict between Chapters 69.50 and 69.51A RCW, Chapter 314-55 WAC, and this Chapter, the most restrictive provision shall apply. (Ord. 3051, 9/24/24)

A. It is a violation of this Chapter for any person owning, leasing, occupying or having charge or possession of any parcel of land within any incorporated area of the City of Moses Lake to cause or allow such parcel of land to be used for the cultivation of marijuana or cannabis plants for medicinal purposes in excess of or contrary to the limitations and restrictions set forth herein.

B. The cultivation of more than the number of cannabis plants set forth in this chapter on any one legal parcel housing unit within the City of Moses Lake, regardless of whether the persons growing the cannabis is/are a “qualified patient,” or members of a “collective garden medical cannabis cooperative” as defined herein, is hereby prohibited.

C. Civil penalties. The violation or failure to comply with any provision of this Chapter shall constitute a civil violation and may be enforced under the provisions of this code; provided, however, that this Chapter shall not be construed as preventing the enforcement of alternative criminal penalties under applicable provisions of state or federal law.

D. Violations of this Chapter are deemed to be a public nuisance as set forth in Chapters 1.20 and 8.14 MLMC and may be abated by the City of Moses Lake under the procedures set forth in these Chapters or state law for the abatement of public nuisances. (Ord. 3051, 9/24/24)

B. Conducting garage or estate sales. This does not preclude auctions or sales for the disposition of abandoned or unclaimed property.

C. Storage of flammable, perishable, or hazardous materials or the keeping of animals. (Ord. 3051, 9/24/24)

A. The maximum lot size is one hundred thirty-two thousand (132,000) square feet. Existing mini-storage businesses are permitted to expand or construct new buildings within parcels being used for mini-storage as of the date of adoption of the ordinance codified in this section. The expansion or new construction shall be consistent with and meet all applicable standards of the zoning district as well as this section.

B. All access, travel surfaces, loading areas, and building aprons shall be surfaced with asphalt, concrete, or other similar hard surface pavement as approved by the Director.

C. All developments shall comply with the state fire code as adopted by the City in Title 16 MLMC, including but not limited to requirements for fire apparatus access roads.

D. All developments shall comply with parking, landscape and buffering, sign, and outdoor lighting requirements set forth in MLUDC Part 15.700. (Ord. 3051, 9/24/24)

A. The maximum lot size is one hundred thirty-two thousand (132,000) square feet. Existing mini-storage businesses are permitted to expand or construct new buildings within parcels being used for mini-storage as of the date of adoption of the ordinance codified in this section. The expansion or new construction shall be consistent with and meet all applicable standards of the zoning district as well as this section.

B. Outdoor storage is prohibited. All goods and property stored at a mini-storage shall be stored in an enclosed building. No outdoor storage of boats, RVs, vehicles, or similar equipment is permitted

C. All nonlandscaped surfaces shall be paved with asphalt, concrete, or other similar hard surface pavement as approved by the Director.

D. All developments shall comply with the state fire code as adopted by the City in Title 16 MLMC, including but not limited to requirements for fire apparatus access roads.

E. All developments shall comply with parking, landscape and buffering, sign, and outdoor lighting requirements set forth in MLUDC Part 15.700. (Ord. 3051, 9/24/24)

A. All access, travel surfaces, loading areas, and building aprons shall be surfaced with asphalt, concrete, or other similar hard surface pavement as approved by the Director.

B. All developments shall comply with the state fire code as adopted by the City in Title 16 MLMC, including but not limited to requirements for fire apparatus access roads.

C. All developments shall comply with parking, landscape and buffering, sign, and outdoor lighting requirements set forth in MLUDC Part 15.700. (Ord. 3051, 9/24/24)

A. Minimum Size of the Recreational Vehicle Park. One hundred thousand (100,000) square feet.

B. Maximum Gross Density. One recreational vehicle space per each two thousand (2,000) square feet of land area.

D. Minimum Width. Each recreational vehicle space shall have a minimum width of twenty-five (25) feet.

E. Interior Private Streets.

F. Spacing Between Units. There shall be a minimum side-to-side dimension of twelve (12) feet between units and a minimum end-to-end dimension of ten (10) feet between units.

G. Minimum Setbacks Required. The following setback requirements shall apply:

H. Off-street Parking. A minimum of one off-street parking space shall be required for each recreational vehicle space. It shall be located within the recreational vehicle space. In addition, one (1) off-street parking space per each three (3) recreational vehicle spaces shall be required for guest parking. The guest parking spaces shall be grouped and distributed evenly throughout the park.

I. Pedestrian Walkways. Pedestrian walkways having a width of not less than four feet shall be provided from the recreational vehicle spaces to all service buildings, and facilities, refuse collection areas, and recreation areas. The walkways shall be hard-surfaced, well-drained, and well-lighted.

J. Landscaping. See MLUDC Chapter 15.720 for applicable landscaping standards.

K. Limit of Stay. No recreational vehicle shall remain within in a recreational vehicle park for more than one hundred twenty (120) calendar days in any one-year period;

L. Solid Waste Disposal. The storage, collection, and disposal of solid waste in recreational vehicle parks shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, or accident or fire hazards. Individual or grouped refuse containers must be screened from view except on collection day in accordance with MLUDC Chapter 15.725.

M. Utilities. The following requirements for utilities shall apply:

N. Visibility. All recreational vehicle spaces shall be well marked and numbered.

O. Lighting. All recreation vehicle parks shall have adequate lighting in accordance with MLUDC Chapter 15.740.

P. Street Access. A recreational vehicle park road at a street intersection shall be designed for safe, convenient, and limited ingress and egress to minimize friction with free movement of traffic on adjacent streets. The street access shall conform to City driveway and access control standards of Moses Lake Municipal Code Chapters 12.08 and 12.10 as determined by the City Engineer. The street access shall be designed for a minimum of one hundred feet (100’) sight distance for grade intersection with stop control. Sight distance is defined as the distance that a driver of a stopped vehicle on a park road can see along the street in either direction, as compared to the distance required for safe operation. The City Engineer may increase the required sight distance based on accepted intersection design principles.

Q. Owner’s Responsibility. The owner of a recreational vehicle park shall be responsible for its development, improvement, maintenance, and management. A recreational vehicle park shall have an on-site manager available twenty-four (24) hours per day, seven (7) days per week.

R. Permitted Zoning. A recreational vehicle park is permitted in accordance with the use tables in MLUDC Chapter 15.405. These standards and requirements shall supersede the standards and requirements of the underlying zone(s), unless otherwise specified.

S. Business Licensing. All recreation vehicle parks shall hold an active Business License with the City of Moses Lake and shall maintain good standing with the state and local government and taxing jurisdictions. (Ord. 3051, 9/24/24)

A. Business License Endorsement. A business license endorsement shall be applied for and obtained prior to any use of property as a Short Term Rental dwelling. Endorsements are specific to the owner of the dwelling unit. When the holder of an endorsement sells or transfers the real property, the new owner shall obtain an endorsement before using the dwelling unit as a Short Term Rental dwelling. Short Term Rental dwelling endorsements shall remain in effect so long as a valid business license is maintained for the rental use and the property is not sold or transferred.

B. Occupancy. Maximum occupancy of the rental shall be no more than two (2) persons per sleeping room plus two (2) additional persons per unit. Up to four (4) children under the age of six (6) do not count towards the overall maximum occupancy of the rental. The property owner shall be responsible for ensuring that the dwelling unit is in conformance with its maximum occupancy.

C. Compliance. The Short Term Rental dwelling must comply with the requirements of the International Building Code and International Residential Code.

D. Parking and Vehicles. At least one (1) additional off-street parking space shall be provided for the Short Term Rental use, in addition to all other parking required for the dwelling. Parking on site along the front property line shall not exceed forty percent (40%) of the front-yard frontage. The number of vehicles at a Short Term Rental residence shall not at any time exceed the number of available parking spaces on the subject property. However, this limitation shall not apply to condominium dwellings. All overnight occupant parking shall be on site or immediately in front of the Short Term Rental dwelling.

E. Signage. No outdoor advertising signs related to the vacation dwelling shall be allowed on the site.

F. Solid Waste Collection. Weekly solid waste collection is required during all months. In the event that normal weekly collection is insufficient for the use, the property owner or local property representative shall make arrangements for additional solid waste removal.

G. Local Property Representative. Where the property owner does not reside full-time within thirty (30) minutes driving distance of Moses Lake, a local property manager shall be designated. The local property manager shall reside full-time within thirty (30) minutes driving distance from Moses Lake and shall be available twenty-four (24) hours a day to respond to complaints, questions, or concerns. The local representative or property owner shall be responsible for responding to complaints about the rental. The name, address, and telephone contact number of the property owner or local representative shall be kept on file at the Department. Additionally, a notice that states the name, address, and telephone number of the property owner or local representative will be sent to all property owners within three hundred feet (300') of the Short Term Rental property. If the local representative changes, the owner of the Short Term Rental property shall be required to send out new notices to all property owners within three hundred feet (300') of the subject property.

H. Renter Information. Notice must be included to provide information on maximum occupancy, location of off-street parking, contact information for the property owner or local representative, evacuation routes, and the renter’s responsibility not to trespass on private property or to create disturbances. Acknowledgment of receipt and review of a copy of this information by the Applicant can be accomplished by incorporating it into the rental contract, including it in the rental booklet, posting it online, providing it in a conspicuous place in the dwelling unit, or a similar method.

I. Responsible Person. A responsible person (Aged twenty-five (25) or older) who is an occupant of the Short-Term Rental dwelling and is legally responsible for ensuring that all occupants and/or their guests comply with all laws and regulations during their stay shall be identified for each rental.

J. Inspection. A dwelling unit proposed for a Short-Term Rental dwelling shall be inspected by the Building Official or designee to determine its conformance with the endorsement standards of this Chapter and basic health and safety elements as required by any applicable code. Any corrective action required shall be completed before the dwelling unit can be rented. Short Term Rental shall be subject to periodic reinspection by the Building Official or designee at the City’s discretion to ensure compliance with the provisions of this Chapter. The time frame for such inspections is subject to the City’s discretion and available resources.

K. Other Standards. The Short-Term Rental dwelling shall meet all applicable requirements of the zone in which it is located, including but not limited to setbacks, maximum height, and lot coverage standards.

L. Renewal of Existing Operating Endorsement. The property owner shall submit for renewal of the short term rental endorsement fourteen (14) calendar days prior to the expiration of the current endorsement. Endorsements are valid for one (1) calendar year and the property owner shall be in good standing with applicable Chapters of the MLMC including but not limited to code enforcement, lodging taxes, and business licensing. (Ord. 3051, 9/24/24)

A. Advertising, renting, using, or offering for use, occupancy, or rent a Short Term Rental dwelling where the owner does not hold a valid endorsement issued pursuant to this Chapter.

B. Advertising, renting, using, or offering for use, occupancy, or rent a Short Term Rental dwelling in a manner that does not comply with the endorsement requirements of MLUDC 15.650.040.

C. Failure by the owner to pay the special excise tax required by Chapter 3.28 MLMC.

D. Failure of the owner’s designated contact to respond to tenant, citizen, or City complaints or inquiries. “Failure to respond” occurs if City staff is unable to reach the designated contact after three (3) attempts, using the information that the owner has on file with the City.

E. Failure of the owner or any occupant to comply with any of the provisions and/or requirements of MLUDC 15.650.050. (Ord. 3051, 9/24/24)

A. Enforcement. This Chapter may be enforced by any authorized representative of the City including, but not limited to, the Police Chief, Building Inspector, Code Enforcement Officer, Director, City Manager, or designee.

B. Penalties. Failure to comply with any provisions of this chapter shall subject the violator to a C-1 penalty as it is defined in Chapter 1.08 of the MLMC. Penalties under this section shall be deemed to be separate from any other applicable penalty provisions including license and tax penalties.

C. Revocation. Upon inspection of the premises, receipt of a written complaint, or during review of the permit, the Director may revoke a short term rental permit approval if the conditions of approval have not been complied with or the short term rental is otherwise conducted in a manner contrary to this Chapter. Any written complaints will be investigated by the Director and the short term rental operator shall have a reasonable opportunity to provide a written response to the complaint prior to final action by the Director.

D. Appeal. Any owner wishing to appeal the revocation of the Short Term Rental dwelling endorsement may request an appeal to the City Manager by filing a written notice with the City Manager within ten (10) calendar days after the date of revocation. Any endorsement that has been revoked cannot be reapplied for or issued for a period of at least one (1) year from the date the endorsement was revoked. The written appeal notice must contain at a minimum the following information:

A. Permits Required. Permits are required for all wireless communication facilities. Permits and development standards for small wireless facilities are addressed in MLUDC Chapter 15.657. Permits and development standards for wireless communication facilities proposed as eligible facilities requests are provided under MLUDC 15.657.110.

B. Structural Permits. Building permits and mechanical permits are required for all wireless communications facilities unless specifically exempted under Subsection C of this Section, Exemptions.

C. Exemptions. The following antennas shall be exempt from permit requirements:

A. Property Owner Information. A permit application signed by the property owner.

B. Telecommunications Provider Information. Name, address, contact person, and contact information for the entity seeking authorization and permits, including copies of all current licenses and authorizations required to provide wireless communications services in the City.

C. Facility Design. Complete description, including technical diagrams and specifications, photos, depictions, and plans of the proposed wireless communications facility or facilities, and a complete description of the services to be provided by such facilities.

D. Site Map. A site map depicting the location of the proposed facility and drawings or renderings depicting the antenna support structure or alternative antenna support structure and its appearance from street level from north, south, east, and west perspectives. The drawings should be produced with the purpose of showing the proposed facility from adjacent and nearby properties as it will appear when completed, including any proposed features to conceal, camouflage, or visually blend the proposed facility into its surroundings.

E. Site Selection Analysis. A complete discussion of the following:

F. Other Information. Such other information and materials that may be required.

G. Application and Review Fee. Any Applicant shall pay an application and review fee or fee deposit in an amount as determined by the City Council. This application and review fee covers the actual costs associated with the City’s initial review of the application; provided, however, that the Applicant shall also be required to pay all necessary permit fees. This application and review fee shall be deposited with the City as part of the application filed pursuant to this Chapter.

H. Other City Costs. All Applicants shall, within thirty (30) calendar days after written demand therefor, reimburse the City for all direct and actual costs and expenses incurred by the City in connection with any grant, modification, amendment, renewal, or transfer of any franchise.

I. Permit Fee. Prior to issuance of a right-of-way permit or small wireless facility permit, the Applicant shall pay a permit fee in an amount as determined by the City Council, or the actual costs incurred by the City in reviewing such permit application. (Ord. 3051, 9/24/24)

A. Additional Criteria. MLUDC Part 15.400 identifies the zoning districts and the development standards addressing site specific factors. The siting criteria contained in this Chapter for wireless communication facilities and related structures are necessary to encourage the siting of those facilities in locations most appropriate based on land use compatibility, neighborhood characteristics, and aesthetic considerations.

B. Co-Location. Co-location on existing antenna support structures or alternative antenna support structures is required if technically feasible, available, and otherwise suitable for the proposed wireless communication services. Further, attachment of antennas to existing nonresidential structures and buildings primarily within industrial and commercial zoning districts is preferable to additional antenna support structures. The City may request feasibility studies associated with applications for wireless communication facilities which demonstrate that locations on existing structures have been explored as the preferred siting alternative. The cost of such studies shall be the responsibility of the Applicant.

C. Expert Review. The City may retain qualified experts to review application materials submitted by an Applicant, and to provide technical and other advice to the City in considering issuance of requested authorizations and permits. Topics on which the City may retain experts include, but are not limited to, co-location, visual screening, buffering, and stealth design and technology of proposed facilities, radio signal coverage, the feasibility of providing the proposed services, and potential signal interference with radio communication systems for emergency services and related services, and similar wireless communication service issues. If the City retains one or more experts on one or more topics related to an application package, the City shall develop a scope of work for each expert. This scope of work shall be made available to the Applicant for a period of ten (10) business days for review and comment. After ten (10) business days, and after review of any input received from the Applicant, the City may retain the expert(s) to perform the scope of work as finally determined by the City. Applicants shall be responsible for reasonable costs actually incurred by the City under this Subsection. Applicants shall pay an initial deposit of one thousand dollars ($1,000). If actual costs are less than the deposit, the City shall refund the excess to the Applicant. If actual costs exceed the deposit, the Applicant shall pay the excess to the City no later than thirty (30) calendar days after receipt of an invoice for the excess from the City. The City shall make available to the Applicant all written reports and data produced under the scope of work, unless there is an applicable legal privilege or restriction on sharing such information with the Applicant. (Ord. 3051, 9/24/24)

A. General Prohibition. Wireless communication facilities, antenna support structures, and all related structures are prohibited on properties zoned neighborhood residential (RN) or multifamily residential (RM) unless:

B. Exemptions. This Section shall not preclude co-location of facilities upon existing legally located antenna support structures or existing legally located attached antennas; provided, that such co-location does not substantially change the existing use or materially expand the physical dimensions of the facilities at that location or is otherwise permitted as an eligible facilities request. (Ord. 3051, 9/24/24)

A. Development Standards for All Zoning Districts.

B. Development Standards for Commercial Zones.

C. Height Limitations. Antenna support structures including the antennas mounted thereon shall comply with the height limits of the underlying zone. Properties within the airport overlay districts must conform to standards provided by the Federal Aviation Administration.

D. Height and Setback Limitations for Residential Zones.

A. Development Standards for all Zoning Districts. The following standards shall be applied to all wireless equipment, such as antennas and equipment shelters, exclusive of the antenna support structure. Antenna support structures are regulated by MLUDC 15.655.050.

A. Provider to Give Notice of Abandonment or Discontinuance of Service.

B. Discontinued Service or Abandonment of Site – Removal Required.

C. Responsible Parties Determined and Responsibility Assigned.

A. Special Exception Criteria.

B. Wireless Communication Facilities and Related Structures – Residential Zones – Special Exceptions Process Inapplicable. The special exception process does not apply and shall not be used in the placement, construction, or modification of wireless communication facilities or related structures in residential zones.

C. Antenna Support Structures – Commercial, Public, and Industrial Zones – Special Exceptions. An Applicant of a proposed antenna support structure that exceeds height limits shall be required to apply for a conditional use permit under provisions of MLUDC Chapter 15.225. (Ord. 3051, 9/24/24)

A. Not Essential Public Facilities. Small wireless facilities shall not be considered nor regulated as essential public facilities.

B. Outside Public Rights-of-Way. Small wireless facilities located outside of the public rights-of-way may be either a primary or a secondary use. A different use of an existing structure on the same lot shall not preclude the installation of a small wireless facility.

C. Franchise. Small wireless facilities located within the public right-of-way pursuant to a valid franchise are outright permitted uses in every zone of the City but still require a small wireless facility permit pursuant to this Chapter. (Ord. 3051, 9/24/24)

A. Overview. In order to manage its rights-of-way in a thoughtful manner which balances the need to accommodate new and evolving technologies with the preservation of the natural and aesthetic environment of the City, the City has adopted this administrative process for the deployment of small wireless facilities. The City and Applicant for a franchise and other permits associated with the deployment of small wireless facilities face challenges in coordinating applicable legislative and administrative processes under the Federal Communications Commission (FCC) regulations. A franchise for the use of the City’s right-of-way is a contract which requires approval by the City Council. The small wireless permits are issued by the Public Works Director, or designee. Applicants are encouraged and expected to provide all related applications in one submittal, unless they have already obtained a franchise.

B. Application Process. The Public Works Director, or designee, is authorized to establish franchise and other application forms to gather the information required by this Chapter from Applicants and to determine the completeness of the application process as provided herein. The application shall include Parts A, B, and C as described in this Subsection below.

A. Location. 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, or other structures. Ground-mounted equipment, conduit, junction boxes, and fiber and electrical connections necessary for and intended for use in the deployment shall also be specified regardless of whether the additional facilities are to be constructed by the Applicant or leased from a third party. Detailed schematics and visual renderings of the small wireless facilities, including engineering and design standards, shall be provided by the Applicant. The application shall have sufficient detail to identify:

B. Owner Approval. 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 standards, as well as assurances that the specific pole can withstand wind and seismic loads, from the pole owner, unless the pole owner is the City. Submission of the lease agreement between the owner and the Applicant is not required. For City-owned poles or structures, the Applicant must obtain a lease from the City prior to or concurrent with the small wireless permit application and must submit as part of the application the information required in the lease for the City to evaluate the usage of a specific pole.

C. Photometric Analysis. If the application is for a new or replacement light pole, then the Applicant must provide a photometric analysis.

D. Batched Applications. The Applicant can batch multiple small wireless facility sites in one application. The Applicant is encouraged to batch the small wireless facility sites within an application in a contiguous service area.

E. Adjacent Residential Uses. Any application for a small wireless facility located in the right-of-way adjacent to a parcel zoned for residential use shall demonstrate that it has considered the following:

F. Environmental Review. Any application for a small wireless permit which contains an element which is not exempt from SEPA review shall simultaneously apply under Chapter 43.21C RCW and MLUDC Chapter 15.510. Further, any application proposing small wireless facilities in the shoreline jurisdiction (MLUDC Chapter 15.550) or in Critical Areas (MLUDC Chapters 15.515-15.545) must indicate that the application is exempt or comply with the review processes in such codes.

G. Radio Frequency Emissions. The Applicant shall submit a sworn affidavit signed by a Radio Frequency (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 which generate radio frequency radiation necessary to the Small Wireless facility are to be provided by a third party, then the small wireless permit shall be conditioned on a Radio Frequency Certification showing the cumulative impact of the radio frequency emissions on the entire installation. The Applicant may provide one emissions report for the entire small wireless deployment 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.

H. Regulatory Approvals. The Applicant shall provide proof of FCC and other regulatory approvals required to provide the service(s) or utilize the technologies sought to be installed.

I. Engineered Drawings. A professional engineer licensed by the State of Washington shall certify in writing, over his or her seal, that both construction plans and final construction of the small wireless facilities and structure or pole and foundation are designed to reasonably withstand wind and seismic loads as established by the International Building Code. Further, the construction drawings shall depict all existing proposed improvements related to the proposed location, including but not limited to poles, driveways, ADA ramps, equipment cabinets, street trees, and structures within two hundred fifty (250) feet from the proposed site. The construction drawings shall also include the Applicant’s plan for electric and fiber utilities, all conduits, cables, wires, handholds, junctions, meters, disconnect switches and any other ancillary equipment or construction necessary to construct the small wireless facility.

J. Traffic Control Plan.

K. Right-of-Way Permit Requirements. The small wireless facilities permit shall include those elements that are typically contained in the right-of-way use permit to allow the Applicant to proceed with the build-out of the small wireless facility deployment.

L. City Standards. Recognizing that small wireless facility technology is rapidly evolving, the Public Works Director or designee is authorized to adopt and publish standards for the technological and 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. (Ord. 3051, 9/24/24)

A. Review. The following provisions relate to review of applications for a small wireless facility permit.

B. Review of Facilities. Review of the site locations proposed by the Applicant shall be governed by the provisions of 47 U.S.C. § 253 and 47 U.S.C. § 332 and other applicable statutes, regulations and case law. Applicants for franchises and the small wireless facility permits shall be treated in a competitively neutral and nondiscriminatory manner with other service providers, utilizing supporting infrastructure which is functionally equivalent, that is, service providers whose facilities are similarly situated in terms of structure, placement, or cumulative impacts. Small wireless facility permit review under this Chapter shall neither prohibit nor have the effect of prohibiting the ability of an Applicant to provide telecommunications services.

C. Final Decision. Any decision by the Public Works Director or designee shall be final and not be subject to administrative appeals.

D. Withdrawal. Any Applicant may withdraw an application submitted pursuant to MLUDC 15.657.030 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 Public Works Director’s or designee’s decision, then reimbursement of fees submitted in association with said application shall be prorated to withhold the amount of City costs incurred in processing the application prior to time of withdrawal. If such withdrawal is not accomplished prior to the Public Works Director’s or designee’s decision there shall be no refund of all or any portion of such fee. (Ord. 3051, 9/24/24)

A. Compliance with Permit. The Applicant of any granted permit shall comply with all of the requirements within the small wireless permit.

B. Right-of-Way Permit. Small wireless facilities authorized under a small wireless facility permit may proceed to installation without the need for an additional right-of-way use permit if construction is commenced within thirty (30) calendar days of approval by providing email or written notice to the Public Works Director or designee. Facilities approved in a small wireless permit in which installation has not commenced within thirty (30) calendar days of the approval of a small wireless facility permit shall apply for and be issued a right-of-way use permit to install such small wireless facilities in accordance with the standard requirements of the City for use of the right-of-way.

C. Post-Construction As-Builts. Within thirty (30) calendar days after construction of the small wireless facility, the Applicant shall provide the City with as-builts of the small wireless facilities demonstrating compliance with the permit and site photographs.

D. Permit Time Limit. Construction of the small wireless facility must be completed within six (6) months after the approval date by the City. The Applicant may request one (1) extension to be limited to three (3) months, if the Applicant cannot construct the small wireless facility within the original six (6) month period.

E. Site Safety and Maintenance. The Applicant must maintain the small wireless facilities in safe and working condition. The Applicant shall be responsible for the removal of any graffiti or other vandalism and shall keep the site neat and orderly, including but not limited to following any maintenance or modifications on the site. (Ord. 3051, 9/24/24)

A. Application. If an Applicant desires to make a modification to an existing small wireless facility, 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 Applicant shall apply for a small wireless facility permit.

B. Exceptions. A small wireless facility 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 deployment of the small wireless facility, does not impact the structural integrity of the pole, and does not require pole replacement. Further, a small wireless facility permit shall not be required for replacing equipment within the equipment enclosure or reconfiguration of fiber or power to the small wireless facility. Right­ of-way use permits may be required for such routine maintenance, repair, or replacement consistent with Chapter 12.16 MLMC. (Ord. 3051, 9/24/24)

A. Consolidated Permit. The issuance of a small wireless permit grants authority to construct small wireless facilities in the rights-of-way in a consolidated manner to allow the Applicant, in most situations, to avoid the need to seek duplicative approval by both the Public Works and the Community Development Departments. If the Applicant requires a new franchise to utilize the right-of-way, the franchise approval may be consolidated with the small wireless facility permit review if requested by the Applicant. As an exercise of police powers pursuant to RCW 35.99.040(2), the small wireless facility permit is not a right-of-way use permit, but instead a consolidated public works and land use permit and the issuance of a small wireless facility permit shall be governed by the time limits established by federal law for small wireless facilities.

B. Street and Utility Construction Permit Standards. The general standards applicable to the use of the rights-of-way described in Chapter 12.16 MLMC shall apply to all small wireless facility permits. (Ord. 3051, 9/24/24)

A. Application and Review Fee. Any Applicant for a franchise pursuant to this Chapter shall pay an application and review fee or fee deposit in an amount as determined by the City Council. This application and review fee covers the actual costs associated with the City’s initial review of the application; provided, however, that the Applicant shall also be required to pay all necessary permit fees. This application and review fee shall be deposited with the City as part of the application filed pursuant to this Chapter.

B. Other City Costs. All Applicants shall, within thirty (30) calendar days after written demand therefor, reimburse the City for all direct and actual costs and expenses incurred by the City in connection with any grant, modification, amendment, renewal, or transfer of any franchise.

C. Permit Fee. Prior to issuance of a right-of-way permit or small wireless facility permit, the Applicant shall pay a permit fee in an amount as determined by the City Council, or the actual costs incurred by the City in reviewing such permit application. (Ord. 3051, 9/24/24)

A. Nonwooden Pole Attachment Design Standards. Small wireless facilities attached to existing or replacement nonwooden light poles and other nonwooden poles in the right-of-way or nonwooden poles outside of the right-of-way shall conform to the following design criteria:

B. Wooden Pole Design Standards. Small wireless facilities located on wooden poles shall conform to the following design criteria:

C. Building Attachments Design Standards. Small wireless facilities attached to existing buildings, shall conform to the following design criteria:

D. Cable Attachments Design Standards. Small wireless facilities mounted on cables strung between existing utility poles shall conform to the following standards.

E. General Requirements.

A. Use of New Poles. New poles, as compared to replacement poles, within the rights-of-way are only permitted if the Applicant can establish that:

B. Approval of New Pole. The Public Works Director or designee may approve, approve, with conditions, or deny an application for a new pole without notice and his or her decision shall be final on the date issued.

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

D. Determination of Public Works Director. Even if an alternative location is established pursuant to Subsection A(1) and A (2), the Public Works Director or designee 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.

E. Site Specific Agreement. 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 site-specific agreement from the City to locate such new pole or ground-mounted equipment. This requirement also applies to replacement poles that are higher than the replaced pole, and the overall height of the replacement pole and the proposed small wireless facility is more than sixty (60) feet.

F. Technology Impacts. These design standards are intended to be used solely for the purpose of concealment and siting. Nothing herein shall be interpreted or applied in a manner which dictates the use of a particular technology. When strict application of these requirements would unreasonably impair the function of the technology chosen by the Applicant, alternative forms of concealment or deployment may be permitted which provide similar or greater protections of the streetscape. (Ord. 3051, 9/24/24)

A. Additional Definitions.

B. Application. The Public Works Director shall prepare and make publicly available an application form used 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.

C. Qualification as an Eligible Facilities Request. Upon receipt of an application for an Eligible Facilities Request, the Public Works Director shall review such application to determine whether the application qualifies as an Eligible Facilities Request.

D. Timeframe for Review. Within sixty (60) calendar days of the date on which an Applicant submits an Eligible Facilities Request application, the Public Works Director shall approve the application unless it determines that the application is not covered by this Section.

E. Tolling of the Time Frame for Review. The sixty (60) calendar day review period begins to run when the pre-application or application is filed and may be tolled only by mutual agreement by the Public Works Director and the Applicant or in cases where the Public Works Director determines that the application is incomplete. The timeframe for review of an Eligible Facilities Request is not tolled by a moratorium on the review of applications.

F. Determination That Application Is Not an Eligible Facilities Request. If the Public Works Director determines that the Applicant’s request does not qualify as an Eligible Facilities Request, the Public Works Director shall deny the application.

G. Failure to Act. In the event the Public Works Director fails to approve or deny a request for an Eligible Facilities Request within the timeframe for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the Applicant notifies the Public Works Director in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted. (Ord. 3051, 9/24/24)