All yards shall be measured from the property line to the foundation line of the structure.

The following intrusions may extend up to two feet into a front, rear, or side yard:

The yard requirements for property abutting future street rights-of-way are as follows:

No required yard or other open space dedicated to a particular structure or use shall be considered as providing required yard or open space for any other structure or use.

The following exceptions to the front yard requirement are authorized for a residential lot:

Low impact development best management practices, if required, may be permitted in the setback/yard area.

Covered entry porches on dwelling units may extend up to eight feet into the front yard setback, if:

Provided a porch meets the criteria of this section, the following are also permitted:

Uncovered porches may extend eight feet into the front yard setback.

On the secondary front yard of a corner lot, a porch may not be less than five feet from the property line.

An uncovered deck or balcony may be placed on the roof of the porch within the required front yard.

Covered rear patios on dwelling units may extend up to eight feet into the rear yard setback, if:

Provided a rear patio meets the criteria of this section, the following are also permitted:

The front yard area for commercial uses may include service station fuel pump canopies; open recreational amusement accessory facilities to a principal use; subject to approval of the site plan review committee.

Continuous Walkway System. A pedestrian walkway system shall extend throughout the development site and connect to adjacent sidewalks, to all future phases of the development, and to existing and planned walkways on adjacent properties, as applicable.

Safe, Direct, and Convenient. Walkways within developments shall provide safe, reasonably direct, and convenient connections between primary building entrances and all adjacent parking areas, recreational areas, playgrounds, and public rights-of-way conforming to the following standards:

Vehicle/Walkway Separation. Except as required for crosswalks, per subsection (C)(4) of this section, where a walkway abuts a driveway or street it shall be raised six inches and curbed along the edge of the driveway or street. Alternatively, the approving authority may approve a walkway abutting a driveway at the same grade as the driveway if the walkway is physically separated from all vehicle maneuvering areas.

An example of such separation is a row of bollards (designed for use in parking areas) with adequate minimum spacing between them to prevent vehicles from entering the walkway.

Parking Area Walkways. Where a walkway crosses a parking area or driveway, it shall be clearly marked with contrasting paving materials (e.g., pavers, light-color concrete inlay between asphalt, or similar contrasting material) or painted/thermoplastic striping. The crosswalk may be part of a speed table to improve driver-visibility of pedestrians.

Walkway Width and Surface. Walkways, including access ways required for subdivisions pursuant to Section 19.30.030, shall be constructed in accordance with Chapter 12.04. Multi-use pathways, designed for shared use by bicyclists and pedestrians, shall be concrete or asphalt and shall conform to the transportation standards of Title 12.

Walkway Construction. Walkway surfaces may be concrete, asphalt, brick or masonry pavers, or other city-approved durable surface meeting ADA requirements.

Walkways shall be not less than four feet in width, except that concrete walkways a minimum of six feet in width are required in commercial developments and where access ways are required for subdivisions pursuant to Section 19.30.030. The approving authority may also require six-foot-wide, or wider, concrete walkways in other developments where pedestrian traffic warrants walkways wider than four feet.

Landscaping plans shall be prepared by a certified landscape architect, Washington State certified nursery professional, Washington State certified landscaper, or other qualified person with experience in landscape design.

Landscape design plans shall include the following:

To the extent practicable, all landscaping which needs regular watering should have a permanent irrigation system;

All irrigation systems shall be equipped with an approved means of providing premises isolation;

All irrigation systems must be equipped with a controller capable of programming (timers should be set to reduce evaporation);

Irrigation systems shall be designed and operated to minimize runoff and overspray to non-irrigated areas;

Rain barrels and cisterns are encouraged for irrigation of vegetated LID BMPs and landscaping;

The landscape design is encouraged to incorporate compost-amended soils in landscaped areas, vegetated LID BMPs, and native, drought-tolerant vegetation in accordance with the Eastern Washington Low Impact Development Guidance Manual.

Deciduous trees must have a caliper of at least two inches diameter at breast height at the time of planting.

Evergreen trees must be at least six feet in height measured from treetop to the ground at the time of planting.

All specified plant materials shall meet standards as found in the latest edition of American Standard for Nursery Stock (ANSI Z60.1).

Shrubs shall be:

Ground covers shall be planted and spaced to result in total coverage of the required ground cover planting area within four years as follows:

All fences shall be placed on the inward side of any required perimeter landscaping.

Required street frontage landscaping may be placed within city of Walla Walla planting strips subject to (a) the permit requirements of Chapter 12.49 and (b) approval of the city engineer ensuring that the landscaping is compatible with current and planned infrastructure designs and that adequate space is available on the subject property to replant the required street frontage landscaping should infrastructure improvements or other city projects require the removal of landscaping within the rights-of-way.

If a maintenance surety is required under this section, the property owner shall provide the city with a nonrevocable notarized agreement granting the city and its agents the right to enter the property and perform any necessary work.

The maintenance surety may be used by the city to perform any maintenance, and to reimburse the city for documented administrative costs associated with the maintenance activity.

Upon completion of the one-year maintenance period, the city shall promptly release the maintenance surety or any remaining portion thereof.

Significant trees: Any trees in good condition at least six inches in diameter (DBH).

Riparian vegetation within a critical water course or wetland site, subject to the city's critical areas ordinance.

The condition of the tree(s) with respect to disease, insect attack, danger of falling, proximity to existing or proposed structures, fences and interference with utility facilities.

Removal of no more trees than are reasonably necessary to achieve the proposed development.

Whether any tree in question is a "potential heritage tree" defined in Chapter 12.50 worthy of preservation as determined by the city arborist.

The ease with which the applicant can alter or revise the proposed development to accommodate existing trees.

The removal of trees from horticultural properties such as nurseries, orchards, or public parks.

The removal of trees on public rights-of-way conducted by or on behalf of a federal, state, county, municipal or other governmental agency in pursuance of its lawful activities within the public rights-of-way, except as provided in Chapter 12.49.

The removal of diseased, dangerous or dead trees as determined by the city arborist.

A drawing of the property with actual dimensions of property lines, particularly those which are the public right-of-way lines.

Location of the proposed fence on the property, to include height and type of construction.

North arrow and scale of drawing.

No fence containing barbed wire or similar material may be constructed or allowed to remain, if already constructed, upon property lines or property abutting streets, highways, alleyways, or any public right-of-way within residential zones.

Up to three strands of barbed wire may be used on top of a fence abutting the public right-of-way and along property lines in Highway Commercial, Light Industrial, Heavy Industrial, Public Reserve and Airport Development zones so long as the wire does not protrude beyond the property line.

Fences constructed with razor wire, ribbon wire and material(s) of similar design are prohibited.

All lots which abut alleys and all private driveways shall maintain a clearview triangle. The sides of the triangle forming the corner angle shall be fifteen feet measured along the extended curbline (or the traveled right-of-way if no curbs exist) and along the edge of the driveway or alley. The third side of the triangle is the straight line connecting the two fifteen-foot sides.

The area between the triangle and the edge of the traveled right-of-way of the street shall also be kept clear of visual obstructions as outlined in Section 20.114.030.

Figure 20.114-3, Alley or Driveway Intersection, illustrates the requirements of this section.

Provide homeowners with a means of obtaining, through tenants in either the ADU or the primary dwelling unit, rental income, companionship, security, and services.

Add affordable units to the existing housing.

Make housing units available to moderate-income people who might otherwise have difficulty finding homes within the city.

Develop housing units in neighborhoods that are appropriate for people at a variety of stages in the life cycle.

Protect neighborhood stability, property values, and the residential appearance of the neighborhood by ensuring that ADUs are installed under the conditions of this code.

The maximum size of an ADU shall be one thousand square feet.

A building permit application is required for all ADUs.

The maximum number of ADUs allowed on any lot shall be two. ADUs may be attached or detached from a permitted residential unit.

ADUs shall count towards the number of allowed dwelling units per lot in the RN zone per Section 20.50.020.

The setbacks for an attached ADU shall be a minimum of five feet from the side property line, five feet from the rear property line, and up to, but not within the required front yard. ADUs situated above an accessory structure for vehicular use shall be held to the required setbacks for the vehicular use as in Section 20.118.040.

Detached ADUs may be sited at a lot line when the lot line abuts a public alley except that no projections shall be permitted to extend into any portion of a public right-of way.

Existing structures, including but not limited to detached garages, may be converted to accessory dwelling units, even if they do not meet current setback or lot coverage requirements.

Accessory structures are limited to a maximum size of nine hundred square feet or fifty percent of the living area of the primary dwelling, whichever is greater, to a maximum of one thousand two hundred square feet. The maximum size of accessory structures is inclusive of porches, lean-tos, and any other unenclosed portions of the structure.

Roof Construction. The pitch of the roof has a minimum vertical rise of one foot for each five feet of horizontal run, and the roof is finished with a type of shingle that is commonly used in standard residential construction.

Exterior Finish. The exterior siding consists of wood, hardboard, aluminum, vinyl, plastic, or other siding material (covered or painted, but in no case exceeding the reflectivity of gloss white paint), plastic (or other siding materials) comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction. Corrugated metal or steel siding or similar industrial-type siding is not permitted.

Setbacks.

Ambulance service;

Vehicle repair, alteration, or rebuilding;

Antique shop or gift shop;

Kennel;

Veterinary clinic or hospital;

Painting of vehicles, trailers, or boats;

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

Upholstering;

Machine and sheet metal shops;

Martial arts school;

Woodcutting for the purpose of selling or bartering firewood;

Brewing, distilling or winemaking for other than personal consumption;

Cabinet, carpentry work;

Dentist;

Radio and television repair;

Small engine repair;

Vehicle washing, cleaning or detailing.

Keeping the need for on-street parking to a minimum; and

Controlling access to sites;

Bicycle parking shall be no farther from the primary building entrance than the distance to the closest vehicle space, or fifty feet, whichever is less.

Bicycle parking shall consist of staple-design steel racks or other city-approved racks, lockers, or storage lids providing a safe and secure means of storing a bicycle. In the downtown master plan area, bicycle racks shall meet the standards of that plan.

When any covered automobile parking is provided, all bicycle parking shall be covered.

All bicycle parking facilities in the street right-of-way shall conform to city design standards.

Bicycle and automobile parking areas shall be separated by a barrier or painted lines.

Lighting. For security, bicycle parking shall be lit.

Reserved Areas. Areas set aside for bicycle parking shall be clearly marked and reserved for bicycle parking only.

Hazards. Bicycle parking shall not impede or create a hazard to pedestrians. Bicycle parking shall be located so as to not conflict with clearview triangle standards (Chapter 20.114).

Parking Analysis. The approving authority may modify off-street parking standards if the applicant can demonstrate that the use is projected to generate more or less traffic than anticipated by the Table of Off-Street Parking Standards in Chapter 20.127. The director shall prepare findings upon which such modification is based, and may submit a preliminary determination to the SPRC prior to issuance of a permit. A permit for modification may be conditioned on alternate means of transportation such as public or private bussing or ride sharing. A condition of approval stating the alternate form of transportation and means of program maintenance shall be certified by the applicant prior to issuance of a permit. The agreement shall be binding and shall provide that the developer will provide all necessary off-street parking as required by this section in the event of a change of use.

Potential Reductions. The approving authority may permit reductions to off-street parking standards without a parking analysis for sites with one or more of the following features described below. The potential reductions shall not exceed thirty percent of the standard number of automobile parking spaces.

Required off-street parking, loading and maneuvering areas, motor vehicle sales lots and employee parking for industrial and commercial uses having a capacity of more than five vehicles shall have paved surfaces; except for the use of existing legally nonconforming gravel surfacing in existing designated parking areas (up to a maximum of six parking stalls) and the use of grass block pavers, other surfaces may include permeable pavement.

Industrial uses in industrial zones shall have a paved area for employee parking as required in subsection (A)(1) of this section. All other areas used for maneuvering, loading access and parking of trucks or other vehicles or equipment associated with the industrial use must be surfaced with an all-weather gravel surface on a stable substrate.

Off-street parking facilities providing five or fewer parking spaces may be surfaced with all-weather gravel on a stable substrate, permeable pavement, or an equivalent surfacing acceptable to the reviewing official, so as to eliminate dust or mud, provided all spaces are improved with wheel stops.

All required parking spaces shall be properly maintained and adequate ingress to and egress from each space shall be provided without the need to move another vehicle.

Turning and maneuvering space shall be located entirely on private property unless specifically approved by the site plan review committee.

All parking spaces shall be internally accessible to one another without re-entering adjoining public streets unless otherwise approved by the site plan review committee.

Ingress and egress to and from any off-street parking area shall not be located closer than twenty feet from point of tangent to an intersection or pedestrian crosswalk unless otherwise approved by the site plan review committee.

The site plan review committee may require ingress separate from egress for smoother and safer flow of traffic.

The number of curb cuts shall be kept to a minimum whenever possible so as to reduce the potential traffic flow conflict of vehicles and pedestrians.

The standards of this chapter apply to all uses that have drive-through facilities, including vehicle repair and quick vehicle servicing.

The standards of this chapter apply only to the portions of the site development that comprise the drive-through facility. The standards apply to new developments, the addition of drive-through facilities to existing developments, and the relocation of an existing drive-through facility.

Service areas and stacking lanes must be set back five feet from all lot lines which abut residential zones and meet the landscaping and screening requirements of this code.

Service areas and stacking lanes must be set back five feet from all street lot lines and meet the landscaping and screening requirements of this code.

Gasoline Pumps. A minimum of thirty feet of stacking lane is required between a lot line and the nearest gasoline pump. The applicant must demonstrate to the city that sufficient queuing area is available such that vehicles in queue do not interfere with adjacent street traffic.

Other Drive-Through Facilities.

When abutting land zoned residential, drive-through facilities with noise-generating equipment must document in advance that the facility will meet the off-site impact noise standards. Noise generating equipment includes items such as speakers, mechanical car washes, vacuum cleaners and exterior air compressors.

Lights and headlight impacts shall be mitigated with directional lighting and visual buffering.

Affordable housing,

Senior housing/congregate care facility,

Transitional housing.

Where such inside storage is not practical or desirable for reasons related to health, fire or safety codes; or

Where the outside storage of merchandise, manufactured products, or raw materials is normal and standard practice, such as in the sale of automotive equipment, mobile homes, lumber, gardening materials, nursery stock and the like, or on the site of construction projects; or

When materials or products are temporarily stored outside incidental to shipping, delivery, loading or unloading thereof.

Where review of a proposal indicates that inside storage is inappropriate, the outside storage of junk, used or secondhand furniture and appliances, scraps or solid wastes, construction or rental equipment, lumber or building supplies, or similar material may be permitted provided it shall be entirely enclosed within a sight obscuring fence at least six (6) feet in height, or behind a screen of dense landscaping at least six (6) feet in height, or both, as determined by the reviewing official. For screening requirements for Wrecking Yards and Junk Yards, see Section 20.110.100(B).

Outside storage shall be maintained in an orderly manner consistent with good housekeeping practices and shall create no visual offense to the premises, adjacent properties, or public right-of-way, or create fire, safety, or health hazard. The Site Plan Review Committee during development review may require that open storage areas be fully screened from view (for evergreen material designed to constitute a solid planting) where in its opinion a visual offense or hazard may exist as a result of the proposed commercial/industrial activity;

Outside storage of any commercial or industrial products in a zone abutting a residential zone is required to be screened with dense landscaping at least six (6) feet in height, of a type and spacing acceptable to the Site Plan Review Committee or other reviewing official.

Licensed, operable motor vehicles;

Lawn furniture in good repair;

Lawn care items such as hoses and lawn ornaments;

Licensed trailers, recreational vehicles and the like;

Fuel for wood burning appliances;

Construction material temporarily stored on the premises for use at that site.

Where outside storage is allowed by this code, it shall be maintained in an orderly manner consistent with good housekeeping practices and shall create no fire, safety, health, or sanitary hazard.

Appliances and other mechanical equipment normally used in the residential environment which are no longer operable, shall not be stored outside for more than fourteen days. Such storage shall not be allowed within the front or side yard setbacks. For corner lots, such storage shall not be allowed within the primary and secondary front yard setbacks, as described in Section 20.50.020(D).

Boats, trailers, recreational vehicles, and the like stored outside must be:

Motor vehicles, boats, trailers, recreational vehicles and the like which are not operable or licensed and which are stored outside must be:

No more than two inoperable or unlicensed motor vehicles, boats, trailers, recreational vehicles or the like may be stored outside on a residential property. A motor vehicle is considered inoperable if it cannot legally be driven on the streets of Walla Walla under its own power, or in the case of a trailer, cannot be legally, safely and properly towed.

The total number of vehicles parked or stored outside (not within a totally enclosed structure) on any lot or property in residential use shall not exceed six, including trailers and RVs.

Materials and equipment associated with an approved home occupation.

Business vehicles, not exceeding a vehicle gross weight of ten thousand pounds, associated with a contractor or other service provider, provided the contractor may not store more than two such vehicles on his/her property. Such vehicles shall be similar to the type of domestic vehicles normally associated with residential use; i.e., car, pickup, van.

Verification that all lodging taxes for year have been paid to the Washington State Department of Revenue.

Owner or authorized agent is responsible for scheduling the annual inspection.

First call and violation received no charge;

Second call and violation received seven hundred fifty dollars;

Third call and violation received one thousand dollars; and

Fourth call and violation received permit and license revoked.

The development services director shall determine whether a short-term rental permit and license should be suspended, modified, or revoked, and notify the applicant of that determination in writing.

The development services director's determination under subsection (E)(1) of this section shall be appealable to the Walla Walla hearing examiner as provided in Chapter 20.38.

That a location was used for short-term rental use during 2017 prior to November 9th;

That the use was continuing as of November 9, 2017, and not merely intermittent or occasional;

That the owner registered the short-term rental use and obtained a business registration card from the city of Walla Walla in accordance with Chapter 20.142 before November 9, 2017; and

That all applicable taxes were fully and timely paid for all short-term rental use that occurred prior to November 9, 2017.

The development services director shall determine whether a type 2 short-term rental use was lawfully established and existing as of November 9, 2017, and notify the applicant of that determination in writing.

The development services director's determination under subsection (C)(1) of this section shall be appealable to the Walla Walla hearing examiner as provided in Chapter 20.38.

The development services director shall determine whether a type 2 short-term rental use has been discontinued or abandoned, and notify the applicant of that determination in writing.

The development services director's determination under subsection (E)(1) of this section shall be appealable to the Walla Walla hearing examiner as provided in Chapter 20.38.

The development services director shall determine whether a type 2 short-term rental use has been vacated, and notify the applicant of that determination in writing.

The development services director's determination under subsection (F)(1) of this section shall be appealable to the Walla Walla hearing examiner as provided in Chapter 20.38.

Conversion of historic structures requires a Level III conditional use permit as specified in Chapter 20.216.

The site plan review committee shall review the proposal, and any comments solicited from the historical preservation commission, and provide a report to the hearing examiner prior to the public hearing on the application.

The hearing examiner shall make findings (related to the proposed use) which support each of the following criteria:

The hearing examiner shall make findings related to the proposed use which support each of the following criteria:

A condition of approval shall be the requirement that the owner of property with historic structures apply for and receive designation on the local historic register as described in Section 2.27.050.

Restaurant;

Tea or coffee house;

Professional offices, including doctors, lawyers, accountants, architects, real estate, insurance companies, and such other like uses as may be determined by the Hearing Examiner;

Art gallery;

Other uses similar to those above which capitalize on and enhance the historic and architectural values of the structure.

A sixty-day staff level stay during which the director may consult with local and/or state organizations concerned with historic or architectural values. This consultation may include a meeting of the demolition request initiator with the historic preservation commission. Mitigation options such as allowing the structure to be moved, salvage of historic and/or reusable building materials and documentation and interpretation of the structure may be required as conditions of approval for a demolition permit. If the structure or place is found to be significant and the mitigation measures above are insufficient, staff or the concerned group(s) or agency(s) may petition the hearing examiner for a public hearing to consider significance of the structure or place and options available to preserve the public interest.

Based on input received at the public hearing, the hearing examiner may:

Where provided, parking for electric vehicle charging purposes is required to include the following:

Where provided, parking for electric vehicle charging purposes is required to include the following:

Electric vehicle charging station;

Prohibition against nonelectric cars utilizing electronic vehicle charging station space;

Limits on the time an electronic vehicle charging station space can be used by one vehicle within a specific time period posted.

Medical and dental offices;

Convenience stores;

Professional offices, including lawyers, accountants, architects, insurance agents, and similar;

Retail bakeries and coffee shops;

Florists;

Seamstress, tailor, and similar.

Neighboring properties' adjacent uses are reasonably shielded from adverse external effects of the development; and

The development is reasonably shielded from the adverse effects of existing or reasonably foreseeable adjacent uses, including streets.

VHF and UHF receive-only television antennas: VHF and UHF receive-only antennas shall not be required to obtain a building permit. VHF/UHF antennas shall be restricted to a height limit of no more than fifteen feet above the existing or proposed roof.

Small satellite dishes.

Temporary wireless facilities for the following purposes:

Why the applicant selected the proposed site, including technical analysis, which explains why other sites are not satisfactory for the proposed facility;

If the applicant is proposing a site with no other wireless communications facilities present, explain why co-location is not technically feasible, unavailable, or is otherwise unsuitable;

A comparison of the service to be provided by the proposed facility services provided by the applicant's other facilities in the city, including service features, coverage or capacity needs, plans for new or added services, potential interference with radio transmissions for emergency services, and related service issues; and

A description of stealth design and technology and their availability to conceal, camouflage, or visually blend the proposed facility into its surroundings, and an explanation why certain stealth design technology were selected or not selected as part of the proposed facility.

Existing or replacement antenna support structures and alternative antenna support structures: On any existing site or tower where a legal wireless communication facility is currently located.

Industrial, manufacturing: Structures or sites used exclusively for industrial purposes. These are areas of more intensive land uses where a full range of public facilities are expected.

Publicly used structures: Attached to existing public facilities such as water towers, utility structures, fire stations, bridges, and other public buildings within central commercial (CC), highway commercial (CH), light industrial/commercial (IL/C), heavy industrial (IH), and airport development (AD) zoning districts not utilized primarily for recreational uses. (Refer to Chapter 5.03, Telecommunications, for rules and regulations specific to facilities located on city-owned land, buildings, or public right-of-way).

Central commercial, highway commercial, and heavy industrial, and light industrial/commercial zoned sites: Structures or sites used exclusively for manufacturing, commercial and office uses. These are areas of more intensive land uses where a full range of public facilities are expected.

Public reserve zoned sites: Attached to existing public facilities such as water towers, existing or replacement utility structures, fire stations, bridges, and other public buildings within public reserve zones.

Neighborhood residential, multifamily residential: Refer to Sections 20.170.050 and 20.170.070 for rules and regulations specific to facilities located within neighborhood residential and multifamily residential zones.

Other sites: Other sites where wireless communication facilities are permitted under Chapter 20.100, Tables of Permitted Land Uses.

The wireless communication facilities, antenna support structures, and all related structures are designed using stealth technology and placed on a parcel with a preexisting nonresidential use.

The wireless communications facilities, antenna support structures, and all related structures are designed using stealth technology and placed atop the roof of a building that is greater than thirty-five feet in height:

Amateur radio towers reviewed under this section shall not be located within any easements, the front yard, or side or rear yard building setback areas.

Mountings and amateur radio towers should be no taller than the minimum required for the purposes of obtaining an obstruction-free reception window.

To the extent technically feasible and in compliance with safety regulations, specific paint colors may be required to allow the tower to blend better with its setting.

Screening of the bases of ground-mounted amateur radio towers shall be provided with one or a combination of the following methods: fencing, walls, landscaping, structures, or topography which will block the view of the antennas as much as practicable from any street and from the yards and main floor living areas of residential properties within approximately five hundred feet. Screening may be located anywhere between the base and the above mentioned viewpoints. Landscaping for the purposes of screening shall be maintained in a healthy condition. Bases of amateur radio towers shall be solidly screened by a view-obscuring fence, wall, or evergreen plantings at least six feet in height.

Amateur radio towers shall not be used for the purposes of signage and shall not display sign­age of any kind.

Construction plans and final construction of the mounting bases of amateur radio towers covered by this section shall meet the structural design requirements of this section and shall have a building permit.

Amateur radio towers may be ground or roof-mounted; however, ground-mounted towers must be located at a point farthest from lot lines as feasible.

Amateur radio towers shall not be used, nor shall they be intended for use, for the placement, construction, or modification of wireless communication facilities.

Amateur radio towers shall not be used, nor shall they be intended for use, to provide or offer wireless communication services for rent, sale, lease or in exchange for other consideration.

Height of amateur radio towers is determined by the zone in which the proposed tower is to be located in accordance with Section 20.170.070 except as permitted by subsection (B)(2) of this section.

Towers shall not be constructed or used for commercial use.

The height of a ground-mounted tower may not exceed sixty-five feet unless a proposal demonstrates that physical obstructions impair the adequate use of the tower. Telescoping towers may exceed the sixty-five-foot height limit only when extended and operating. The combined structure of a roof-mounted tower and antennas shall not exceed a height of twenty-five feet above the existing roofline.

Towers shall be located in what would customarily be considered the yard of the residence. Placement shall avoid, to the extent possible, using land that is available for crops, pasturage or other agricultural use.

Towers shall be located at a point farthest from lot lines as feasible, or the point farthest from residential structures on abutting properties.

In residential zones, the base of a ground-mounted tower shall be screened with fencing, walls, landscaping, or other means such that the view of the antennas base is blocked as much as practicable from any street and from the yards and main living floor areas of surrounding residential properties. The screening may be located anywhere between the antennas and the above mentioned viewpoints. Landscaping that qualifies for the purpose of screening shall be maintained in a healthy condition.

Applications shall document that the proposed tower and any mounting bases are designed to withstand wind and seismic loads as established by the International Building Code.

The applicant shall demonstrate that the proposed location was selected pursuant to the siting criteria of Sections 20.170.040, 20.170.050, and 20.170.055. Placement of an antenna support structure shall be denied if the antenna support needs can be met by co-location on an existing antenna support structure or by mounting on an alternative antenna support structure which already supports an attached antenna. Placement of an attached antenna shall be denied if the antenna support needs can be met by co-location on an existing antenna support structure or by mounting on an alternative antenna support structure which already supports an attached antenna. Applications shall be required to provide documentation that comprehensive efforts to identify alternative locations were made.

Owners and operators of a proposed antenna support structure shall provide information regarding the opportunity for the co-location of other antennas. If feasible, provision for future co-location may be required.

Antenna support structures reviewed under this section shall not be located within any required building setback areas.

Antenna support structures and attached antennas shall not be used for the purposes of signage to display a message of any kind, except informational signs required by law.

Applications for antenna support structures or mounting an attached antenna upon an alternative antenna support structure shall include one or more proposals on how industry-recognized concealment techniques can be employed to mitigate the visual effects of the antenna and antenna support structure. It is expected that the structures and vegetation surrounding the proposed location will be taken into account so that appropriate site-specific concealment alternatives can be analyzed by the site plan review committee.

Any fencing required for security shall meet screening standards of Section 20.170.080(A)(5).

A Washington licensed professional engineer shall certify in writing, over his or her seal, that both construction plans and final construction of the antenna support structure or alternative antenna support structure upon which an attached antenna may be mounted are designed to reasonably withstand wind and seismic loads as established by the International Building Code.

All antenna support structures and attached antennas shall be removed by the facility owner within twelve months of the date it ceases to be operational, or if the facility falls into disrepair and is not maintained. Disrepair includes structural features, paint, landscaping, or general lack of maintenance which could result in safety or visual impacts.

An attached antenna shall not dominate the appearance of a structure.

Antenna support structures and attached antennas shall be located at a point farthest from lot lines as feasible.

The base of a ground-mounted antenna support structure shall be screened with fencing, walls, landscaping, or other means such that the view of the structure's base is blocked as much as practicable from any street and from the yards and main living floor areas of surrounding residential properties. The screening may be located anywhere between the antennas and the above mentioned viewpoints. Landscaping that qualifies for the purpose of screening shall be maintained in a healthy condition.

Antenna placements in this zone shall utilize alternative antenna support structures. The antenna(s) shall extend no farther than fifteen feet above the roof and shall be placed as far back from the building perimeter as is feasible.

New antenna support structures shall be permitted in these districts only after approval of a special exception application as provided in Section 20.170.090.

Properties zoned central commercial have a maximum height of fifteen feet above the building upon which the antenna is mounted.

Properties zoned central commercial, other than those designated in subsection (C)(1) of this section, have a maximum height of sixty-five feet.

Properties zoned public reserve, as provided in Section 20.50.080, but not to exceed a maximum height of sixty-five feet.

Properties zoned highway commercial, light industrial/commercial, and heavy industrial, the combined antenna support structure and antennas shall not extend more than fifteen feet above the maximum building height allowed for the property in the zone for which it is proposed.

Properties zoned airport development and airport approach must conform to standards provided by the Federal Aviation Administration.

Antenna Support Structures.

Alternative Antenna Support Structures.

No wireless equipment reviewed under this section shall be located within any conflicting easements or required building setback areas.

Antennas mounted on alternative antenna support structures shall not extend more than fifteen feet above the existing or proposed roof structure.

No wireless equipment shall be used for the purposes of signage or message display of any kind, except informational signs required by law.

Location of wireless communication antennas on existing buildings shall be screened or camouflaged to the greatest practicable extent by use of shelters, compatible materials, location, color, and/or other stealth design and technology tactics to reduce visibility of the antennas as viewed from any street or residential property.

Screening of wireless equipment shall be provided with one or a combination of the following materials: fencing, walls, landscaping, structures, or topography which will block the view of the antennas and equipment shelter as much as practicable from any street and from the yards and main floor living areas of residential properties within approximately five hundred feet. Screening may be located anywhere between the base and the above mentioned viewpoints. Landscaping for the purposes of screening shall be maintained in a healthy condition.

Any fencing required for security shall meet screening standards of subsection (A)(5) of this section.

Construction plans and final construction of the mountings of wireless antennas and equipment shelters shall be approved by the city's building division prior to any construction or site preparation. Applications shall document that the proposed structure and any mounting bases are designed to reasonably withstand wind and seismic loads.

A wireless communication facility shall be removed by the facility owner within twelve months of the date it ceases to be operational or if the facility falls into disrepair and is not maintained. Disrepair includes structural features, paint, landscaping, or general lack of maintenance which could result in safety or visual impacts.

The antennas shall not dominate the structure upon which they are attached and shall be visually concealed utilizing color and compatible material to camouflage the facility to the greatest extent feasible.

Except as otherwise provided in subsection B of this section solely in commercial and industrial zones, associated above ground equipment shelters shall be minimized and shall not exceed two hundred forty square feet (e.g., twelve feet by twenty feet) unless operators can demonstrate that more space is needed to support antenna co-location. Shelters shall be painted a color that matches existing structures or the surrounding landscape, a visual screen (see landscape standards) shall be created around the perimeter of the shelter, and operators shall consider under-grounding equipment if technically feasible or placing the equipment within existing structures.

Associated above-ground equipment shelters shall not exceed two hundred forty square feet (e.g., twelve feet by twenty feet) unless operators can demonstrate that more space is needed. Operators shall consider under-grounding equipment if technically feasible or placing the equipment within an existing structure. Above-ground equipment shelters for antennas located on buildings shall be located within, on the sides or behind the buildings and screened to the fullest extent possible. Screening of exterior shelters shall provide colors and materials which blend with surrounding structures.

No less than thirty days prior to the date that a wireless service provider plans to abandon or discontinue operation of a wireless communication facility or any significant component thereof, the provider must notify the city by certified U.S. mail of the proposed date of abandonment of a facility or discontinuance of operation of such facility.

Failure of a service provider to give such notice will constitute grounds for the city to declare the permit for the site to be suspended, thereby placing the facility in violation of Sections 20.14.095 and 20.170.030.

Any wireless communication facility which is abandoned and/or which does not provide service for at least four months in any running six-month period is declared to be in violation of its permit in that it is not meeting its conditions of approval as provided in Section 20.14.095(A).

A facility which is abandoned or discontinued shall be removed within ninety days of said abandonment or discontinuation of service. Any facility which is not timely removed in accordance with this subsection is declared to be a public nuisance.

When the city determines that a wireless communication facility or any significant component thereof is in a state of disrepair, presents a safety hazard to the public, constitutes a public nuisance due to disrepair or improper maintenance, or is otherwise not properly maintained, the city shall notify the owner of the facility of such concern by certified mail. Such notice shall specify the problems and the expected resolution.

By certified mail, the facility owner shall specify the actions which will be undertaken to rectify the problems with the site. The city may accept or modify the proposed actions as it determines necessary. Such actions shall be completed within sixty days of the original date of notice provided in subsection (C)(1) of this section.

Failure to complete work specified by the city shall constitute a violation of the permit as provided in Section 20.14.095(A).

The owner of the communication facility, the lessee of the property upon which the facility is located (if different from the owner of the facility), and the owner of the property (if different from the owner of the facility and/or the holder of the lease) are individually, jointly, and severally responsible for removal of the facility as described in subsection B of this section.

Should the responsible parties fail to remove a facility or component thereof, or resolve maintenance issues, as directed by the city pursuant to this section, the city may remove the facility at the expense of the responsible parties.

The city may pursue recovery of costs for its actions from any and all responsible parties through any means available in courts of competent jurisdiction.

The applicant shall justify the request by showing that the special exception is needed:

The city may consider pictures, photo simulations, drawings (to scale), maps and/or manufacturer's specifications, studies, technical information, proposed materials, shape, height, color, proximity to other structures, nature of uses on adjacent and nearby properties, the surrounding topography, the surrounding tree coverage and foliage, or other materials or information, to demonstrate to the city that the special exception is necessary. The applicant has the burden of showing the lack of available and technological alternatives to comply with the city's development standards.

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 Chapter 20.216.

Central Commercial District.

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

The furthest point of any antenna or equipment enclosure may not extend more than twenty-eight inches from the face of the pole.

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

An antenna on top of an existing pole may not extend more than nine feet above the height of the existing pole and the diameter may not exceed twenty inches, measured at the top of the pole, unless the applicant can demonstrate that more space is needed. The antennas shall be integrated into the pole design so that it appears as a continuation of the original pole, including colored or painted to match the pole, and shall be shrouded or screened to blend with the pole except for canister antennas which shall not require screening. All cabling and mounting hardware/brackets from the bottom of the antenna to the top of the pole shall be fully concealed and integrated with the pole.

Any replacement pole shall substantially conform to the design of the pole it is replacing or the neighboring pole design standards utilized within the contiguous right-of-way.

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

The diameter of a replacement pole shall comply with the city's setback and sidewalk clearance requirements and shall, to the extent technically feasible, not be more than a twenty-five percent increase of the existing nonwooden pole measured at the base of the pole, unless additional diameter is needed in order to conceal equipment or the interior conduit within the base of the pole, and shall comply with the requirements in subsection (E)(4) of this section.

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

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

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

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

Antennas, equipment enclosures, and all ancillary equipment, boxes and conduit shall be colored or painted to match the approximate color of the surface of the wooden pole on which they are attached.

Antennas shall not be mounted more than twelve inches from the surface of the wooden pole.

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

Canister antennas may be mounted on top of an existing wooden pole, which may not exceed the height requirements described in subsection (B)(1) of this section. A canister antenna mounted on the top of a wooden pole shall not exceed twenty inches, measured at the top of the pole, and shall be colored or painted to match the pole. The canister antenna must be placed to look as if it is an extension of the pole. In the alternative, the applicant may propose a side-mounted canister antenna, so long as the inside edge of the antenna is no more than twelve inches from the surface of the wooden pole. All cables shall be concealed either within the canister antenna or within a sleeve between the antenna and the wooden pole.

The furthest point of any antenna or equipment enclosure may not extend more than twenty-eight inches from the face of the pole.

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

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

Equipment for small wireless facilities must be attached to the wooden pole, unless otherwise permitted to be ground mounted pursuant to subsection (E)(1) of this section. The equipment must be placed in the smallest enclosure possible for the intended purpose. The equipment enclosure and all other wireless equipment associated with the utility pole, including wireless equipment associated with the antenna and any preexisting associated equipment on the pole, may not exceed twenty-eight cubic feet. Multiple equipment enclosures may be acceptable if designed to more closely integrate with the pole design and does not cumulatively exceed twenty-eight cubic feet. The applicant is encouraged to place the equipment enclosure behind any banners or road signs that may be on the pole; provided, that such location does not interfere with the operation of the banners or signs.

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

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

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

The diameter of a replacement pole shall comply with the city's setback and sidewalk clearance requirements and shall not be more than a twenty-five percent increase of the existing utility pole measured at the base of the pole.

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

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

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

New architectural features such as columns, pilasters, corbels, or other ornamentation that conceal antennas may be used if they complement the architecture of the existing building.

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

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

Small wireless facilities shall be painted and textured to match the adjacent building surfaces.

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

Only one strand-mounted facility is permitted per cable between any two existing poles;

The strand-mounted devices shall be placed as close as possible to the nearest utility pole, in no event more than five feet from the pole unless a greater distance is technically necessary or is required by the pole owner for safety clearance;

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

Ground-mounted equipment to accommodate a shared mounted facility is not permitted except when placed in preexisting equipment cabinets;

Pole-mounted equipment shall comply with the requirements of subsections A and B of this section;

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

Strand-mounted facilities are prohibited on nonwooden poles.

Ground-mounted equipment in the rights-of-way is prohibited, unless such facilities are placed underground or the applicant can demonstrate that pole-mounted or undergrounded equipment is technically infeasible or is not allowed under pole attachment agreement. If ground-mounted equipment is necessary, then the applicant shall submit a concealment element plan. Generators located in the rights-of-way are prohibited.

No equipment shall be operated so as to produce noise in violation of Chapter 8.13.

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

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

Replacement poles shall be located as near as possible to the existing pole with the requirement to remove the abandoned pole.

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

Antennas and related equipment shall not be illuminated except for security reasons, required by a federal or state authority, or unless approved as part of a concealment element plan.

Sidearm mounts for antennas or equipment must be the minimum extension necessary and the inside edge of the antenna may be no more than twelve inches from the surface of the pole.

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

Antennas, equipment enclosures, and ancillary equipment, conduit and cable shall not dominate the structure or pole upon which they are attached.

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

The city may consider the cumulative visual effects of small wireless facilities mounted on poles within the rights-of-way when assessing proposed siting locations so as to not adversely affect the visual character of the city. This provision shall not be applied to limit the number of permits issued when no alternative sites are reasonably available nor to impose a technological requirement on the applicant.

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 from negative visual impacts to the streetscape.

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

The proposed small wireless facility receives approval for a concealment element design, as described in subsection C of this section;

The proposed small wireless facility also complies with the Shoreline Management Act, and SEPA, if applicable; and

No new poles shall be located in a critical area or associated buffer required by the city's critical areas code, Chapter 21.04, except when determined to be exempt pursuant to said chapter.

The concealment element design should seek to minimize the visual obtrusiveness of the small wireless facility. The proposed pole or structure should have similar designs to existing neighboring poles in the rights-of-way, including similar height to the extent technically feasible. If the proposed small wireless facility is placed on a replacement pole in a design zone, then the replacement pole shall be of the same general design as the pole it is replacing, unless the development services department otherwise approves a variation due to aesthetic or safety concerns. Any concealment element design for a small wireless facility on a decorative pole should attempt to mimic the design of such pole and integrate the small wireless facility into the design of the decorative pole. Other concealment methods include, but are not limited to, integrating the installation with architectural features or building design components, utilization of coverings or concealment devices of similar material, color, and texture, or the appearance thereof, as the surface against which the installation will be seen or on which it will be installed, landscape design, or other camouflage strategies appropriate for the type of installation. Applicants are required to utilize designs in which all conduit and wirelines are installed internally in the structure. Further, applicant designs should, to the extent technically possible, comply with the generally applicable design standards adopted pursuant to Section 20.171.060.

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