(1) General Provisions.

(a) Fences, rockeries, and retaining walls are permitted in all zones subject to the provisions in this section.

(b) The construction of fences, rockeries, and retaining walls require a building permit unless exempt pursuant to Chapter 21.62 WMC, Building Codes.

(c) Fences, rockeries, and retaining walls shall be located entirely inside the property lines of a lot, unless both property owners agree the structure may be placed on a common property line. Property owners are responsible for confirming all fences, rockeries, and retaining walls are placed inside the property lines of their property.

(d) Lighting devices placed on top of a fence, rockery, or retaining wall are not subject to the height limitations prescribed in subsections (2)(a) through (d) of this section.

(e) Fence post caps may exceed the height limits set forth in subsections (2)(a) through (d) of this section by up to six inches.

(f) Trellises and similar structures incorporated into a fence and used to support climbing plants, and gate entry overhead structures are exempt from the height limits set forth in subsections (2)(a) through (d) of this section, provided they do not exceed a height of 15 feet from the finished grade directly below.

(2) Fences, rockeries, and retaining walls shall comply with the following maximum height requirements:

(a) Within a residential zone, fences, rockeries, retaining walls, and combination fences, rockeries, and retaining walls located within property line setback areas shall not exceed six feet in height;

(b) Within nonresidential zones, excluding the NB zone, fences, rockeries, retaining walls, and combination fences, rockeries, and retaining walls located within property line setback areas shall not exceed eight feet in height;

(c) Within the NB zone, fences, rockeries, retaining walls, and combination fences, rockeries, and retaining walls located within property line setback areas shall not exceed six feet in height;

(d) If no property line setback applies, or a property line setback is reduced to less than five feet, the maximum heights set forth in subsections (2)(a), (b) and (c) of this section shall apply to fences, rockeries, retaining walls, and combination fences, rockeries, and retaining walls located five feet or less from a property line; and

(e) Fences, rockeries, and retaining walls located outside of the areas prescribed in subsections (2)(a) through (d) of this section are subject to the height requirements applicable to other buildings and structures on the lot in which the fence, rockery or retaining wall is located.

(3) The height of fences, retaining walls, and combination fences and retaining walls shall be measured as follows:

(a) Fences: height is measured from the ground surface directly underneath the fence to the top of the fence including posts as illustrated in Figure 21.40.010A;

(b) Retaining walls with footings: height is measured from the bottom side of the footing to the top of the wall as illustrated in Figure 21.40.010B;

(c) Rockeries and block style retaining walls without footings: height is measured from the bottom side of the base to the top of the wall/rockery as illustrated in Figure 21.40.010C;

(d) Fences, retaining walls, and rockeries shall have their height combined for purposes of measuring height if the horizontal separation between the closest points of the structures is three feet or less as illustrated in Figure 21.40.010D, except those fences, retaining walls and/or rockeries separated by a property line shall not have the fence, retaining wall, or rockery on the other lot included in measuring height;

(e) The placement of a guard rail on top of a retaining wall or rockery may exceed the maximum height for a retaining wall or rockery by up to four feet, provided the solid component parts of the guard rail are evenly distributed and cover no more than 50 percent of the total surface area of the side elevation of the guard rail; and

(f) No person may place a fence on a berm, unless the combined height of the berm plus the fence does not exceed the maximums set forth in subsection (2) of this section as illustrated in Figure 21.40.010E.

(4) Special Provisions for Fences.

(a) Electric fence is permitted in all zones subject to the following:

(i) Within the R-4, R-6, R-8, R-12, R-18, R-24, and R-48 zones, additional fencing or barriers shall be constructed to prevent inadvertent contact from adjoining properties from which the electric fence is located;

(ii) The electric flow is limited to either an interrupted flow of current at intervals of about one second on and two seconds off that does not exceed 2,000 volts at 17 milliamps, or a continuous flow of current that does not exceed 1,500 volts at seven milliamps;

(iii) Warning signs notifying of the electric fence shall be posted at intervals not more than 50 feet with the surface area of each sign not exceeding 288 square inches (two feet by one foot).

(b) Barbed or razor-wire fence is permitted only in the R-1 and Industrial zones, except fences erected in other zones designed to protect sewer, water and other critical public infrastructure may include barbed wire placed above the fence provided the barbed wire does not exceed 18 inches in height.

(c) The Director may require additional screening and design elements to be incorporated into fences, retaining walls, and rockeries to substantially reduce visual impacts from public streets. Such additional elements may include, but are not limited to:

(i) Decorative block walls, split-faced and colored;

(ii) Wrought iron on top of split-faced, colored and/or similar decorative block walls;

(iii) Landscaping; and

(iv) Additional setback distances from property lines.

(5) Special Provisions for Retaining Walls and Rockeries. In addition to height limits, retaining walls and rockeries are subject to the following:

(a) Designed and constructed with due regard to drainage, access, maintenance, and aesthetics;

(b) Incorporate proper drainage systems which discharge to City-approved locations;

(c) Located so as to not:

(i) Support soil and structure loads from adjoining properties; or

(ii) Impede travel within any public pedestrian walkway or street right-of-way;

(d) If visible from a public street and exceeding eight feet in height, excluding stepped walls having more than three feet of separation between the closest points of each terrace, the retaining wall or rockery shall incorporate landscaping to substantially reduce the structure’s visibility; and

(e) If a building permit for the retaining wall or rockery is required and the structure is located within five feet of a property line, an easement for purposes of maintaining the structure between the two property owners shall be recorded unless the adjoining off-site property owner does not agree to the easement, in which case no easement is required.

ILLUSTRATIONS FOR MEASURING FENCE/WALL HEIGHT

Figure 21.40.010A. Measuring Fence Height

Figure 21.40.010B. Measuring Retaining Wall Height with Footings

Figure 21.40.010C. Measuring Rockery/Rock Wall Height

Figure 21.40.010D. Measuring Walls/Fence Heights When Stepped

Figure 21.40.010E. Measuring Fence Height with Berm

Note: Height is measured along any point of the fence, retaining wall or rockery. (Ord. 737 § 2 (Att. A), 2022)

(1) Applicability. This section applies to nonresidential uses and residential developments that provide on-site shared facilities for the collection of recyclables and solid waste (garbage).

(2) Minimum Space Requirements for Recyclables and Garbage Collection Points.

(a) Residential development shall provide three square feet of floor area per dwelling unit, except none is required for those residential dwelling units participating in an approved direct collection program in which individual bins are used for curbside collection;

(b) Office, educational, and institutional uses shall provide four square feet of floor area per 1,000 square feet of gross floor area of the building, excluding parking areas;

(c) Manufacturing uses shall provide six square feet of floor area per 1,000 square feet of gross floor area of the building, excluding parking areas;

(d) Retail, restaurants, wine tasting, and similar uses shall provide ten square feet of floor area per 1,000 square feet of gross floor area of the building, excluding parking areas; and

(e) Other nonresidential uses not listed shall provide six square feet of floor area per 1,000 square feet of gross floor area of the building, excluding parking areas.

(3) Developments containing a mix of uses shall have minimum space requirements determined by applying the requirements in subsection (2) of this section on a per individual use basis. For example, a building having 10,000 gross square feet of retail floor area and 30,000 gross square feet of office floor area would provide 220 square feet of recyclables and garbage storage space [220 = ((10,000 ÷ 1,000) x 10) + ((30,000 ÷ 1,000) x 4)].

(4) Recyclables and garbage collection points for residential development shall be allocated and distributed as follows:

(a) Collection points shall be dispersed throughout the site when the residential development is comprised of more than one building;

(b) A minimum of one collection point for every 30 dwelling units is required;

(c) Collection points may be located inside of buildings or outdoors subject to the design requirements set forth in subsection (6) of this section;

(d) Collection points located outdoors, or in a separate building from the residential dwellings, shall be no more than 200 feet from a common entrance of the residential building;

(e) Collection points shall be located in a manner so that hauling trucks do not obstruct pedestrian or vehicle traffic, or project into any street right-of-way.

(5) Recyclables and garbage collection points for nonresidential development shall be allocated and distributed as follows:

(a) Storage space may be consolidated under a centralized collection point;

(b) Collection points may be located inside of buildings or outdoors subject to the design requirements set forth in subsection (6) of this section;

(c) Collection points shall be located in a manner so that hauling trucks do not obstruct pedestrian or vehicle traffic, or project into any street right-of-way.

(6) Recyclables and garbage collection points must at a minimum be designed to include the following:

(a) Dimensions and layout of collection points shall be such to enclose containers for recyclables and garbage;

(b) Architectural design of any building or structure enclosing a collection point shall incorporate design features and look consistent with the buildings and structures the collection point supports;

(c) Signage used to identify collection points shall not exceed two and one-half square feet in surface area;

(d) Outdoor collection points shall be enclosed with a minimum eight-foot-high solid wall or fence;

(e) Gates/doors to indoor and outdoor collection points shall be designed to have access at least 12 feet wide and a vertical clearance of at least 12 feet;

(f) Collection points shall have weather-proof containers for recyclables and solid waste, or provide a roof over the storage area;

(g) Collection points shall be screened, so containers and collected materials are not visible from street rights-of-way, as follows:

(i) For outdoor collection points: either by Type 1 landscaping in accordance with WMC 21.36.060, location behind buildings, or a combination of location and landscaping;

(ii) For indoor collection points: opening shall have sufficient measures to provide required screening;

(7) Recyclables and garbage collection points shall be used only for recyclable materials and solid waste generated on site. Recyclables and garbage generated off site shall not be stored at these collection points.

(8) Except where residential dwelling units are participating in an approved direct collection program in which individual bins are used for curbside collection, no container shall be collected and stored at any location on site, except at designated collection points. (Ord. 737 § 2 (Att. A), 2022)

(1) Purpose and Applicability. The purpose of this section is to support the raising and keeping of animals in the City by setting animal densities and by implementing applicable best management practices for land used to accommodate animals in ways which reduce the impact on the environment. This section applies in combination with the animal control regulations set forth in WMC Title 6, Animals.

(2) Odor and Vector Control.

(a) All animal enclosures, including, but not limited to, pens, coops, cages, and feed areas shall be maintained free from litter, garbage, and the accumulation of manure to discourage the proliferation of flies, other disease vectors and offensive odors. Manure shall also not be allowed to accumulate within setback areas.

(b) Each site shall be maintained in a neat and sanitary manner.

(3) Noise. Sound from animals and domestic fowl shall comply with the public nuisance and disturbance noise provisions set forth in WMC 8.08.150 and 8.08.160.

(4) All animals and domestic fowl shall be confined within a building, pen, aviary, or similar structure, or a securely fenced portion of the site. Any covered structure used to house or contain such animals or domestic fowl shall be placed and maintained the greater distance of 10 feet from any property line or 20 feet from any neighboring residential dwelling unit unless a different distance is expressly prescribed by this section.

(5) Small Animals. The raising, keeping, breeding, and boarding of small animals are subject to the animal control regulations prescribed in WMC Title 6 and the following:

(a) The number of small animals held as pets and kept indoors shall not be limited, except as may be provided in WMC Title 6;

(b) In addition to the small animals permitted indoors pursuant to subsection (5)(a) of this section, small animals kept outdoors are allowed, but shall be limited to a maximum of 20, except as may be provided otherwise by WMC Title 6;

(c) Notwithstanding subsections (5)(a) and (b) of this section, the total number of combined unaltered adult cats and dogs per residential dwelling unit shall not exceed three; and

(d) Miniature pigs that are no greater than 22 inches in height at the shoulder or 150 pounds in weight are allowed as a small animal;

(e) Goats commonly known as pygmy, dwarf and miniature goats are allowed as a small animal, provided they are subject to the small animal limitations in this subsection (5), and all such goats are dehorned, and the male goats are neutered;

(f) If more than three small animals are kept, the minimum lot area shall be one-half acre;

(g) The minimum setbacks set forth in subsection (4) of this section shall be increased to 150 feet from property lines if minks or foxes are kept on or adjoining a residentially zoned lot;

(h) The keeping of hamsters, nutria and chinchillas is limited to their housing, which shall not exceed one per square foot of floor area up to a maximum of 2,000 square feet of gross floor area;

(i) Licensed animal shelters, grooming services, pet shops and commercial and noncommercial kennels and catteries, are not subject to the limitations under this subsection (5).

(6) Domestic Fowl. The keeping of domestic fowl is subject to the animal control regulations prescribed in WMC Title 6 and the following:

(a) If the lot is less than 21,000 square feet in area, the maximum number of domestic fowl that may be kept on the lot is eight; and

(b) For each additional increment of at least 1,000 square feet of lot area above 21,000 square feet, one additional domestic fowl may be allowed on the lot; and

(c) Aviary or lofts housing domestic fowl shall not exceed a total of 2,000 square feet of gross floor area subject to the space per fowl limit does not exceed the following limits:

(i) Parakeet, canary, or similar sized birds: one-half square foot per fowl;

(ii) Small parrot or similar sized birds: one square foot per fowl;

(iii) Poultry and chickens: one square foot per fowl; and

(iv) Larger parrots, macaw, or similar sized birds: two square feet per fowl.

(7) Beekeeping. Beekeeping is subject to the following:

(a) Registration of the beehive is required with the Washington State Department of Agriculture pursuant to Chapter 15.60 RCW;

(b) If the lot is less than five acres in size, the maximum number of beehives is 50 with a limit of one colony per beehive;

(c) If the lot is more than five acres in size, the maximum number of beehives that may be kept on the lot is not limited;

(d) Bee colonies must be maintained in movable frame hives at all times;

(e) Beehives shall maintain a minimum distance of 25 feet from any property line;

(f) In the case a beehive displays swarming or aggressive behavior, the property owner shall requeen the colony; and

(g) Abandoned beehive colonies, diseased bees, or bees living in trees, buildings, or any other space except as set forth in this section, may constitute a public nuisance and be subject to such provisions in Chapter 8.07 WMC.

(8) Farm Animals. The keeping of farm animals is subject to the following:

(a) Farm animals on lots less than 20,000 square feet in area are prohibited;

(b) On lots 20,000 square feet or larger in area, one farm animal is permitted per each 20,000 square feet of grazing area on the lot;

(c) Farm animals on lots not satisfying the requirements in subsection (8)(b) of this section may be permitted provided a farm conservation plan is followed incorporating best management practices and approved by King Conservation District;

(d) Any structure used to house, confine, or feed farm animals shall maintain a distance of at least 35 feet from any property line;

(e) Uncovered storage of manure, shavings, or similar organic material is prohibited;

(f) Grazing areas located within critical areas shall follow the limitations of the applicable critical area regulations.

(g) Manure storage areas shall be managed as follows:

(i) Surface flows and roof runoff shall be diverted away from manure storage areas;

(ii) All manure stockpiled within 200 feet of any stream or wetland shall be covered at a minimum between October 15th and April 15th in a manner that excludes precipitation and allows free flow of air; and

(iii) All manure storage areas shall be located to avoid having water runoff entering any streams, wetlands, or other environmentally sensitive areas.

(h) In residential zones, other than legally established stables, fee boarding shall only be allowed as an accessory use to a primary residential dwelling unit on the subject property.

(9) Nonconforming Farms. All existing farm animal operations and existing buildings for housing farm animals that were legally established prior to the effective date of the ordinance codified in this title, but that do not now comply with the requirements of this section, shall be considered legally nonconforming. All existing farm animal operations inside the City limits existing prior to July 14, 1997, and continuously maintained, shall comply with an approved farm management plan. (Ord. 737 § 2 (Att. A), 2022)

The following requirements shall apply to exterior lighting:

(1) Light sources, both direct and nondirect, shall be selected and placed so that glare produced by any light source does not extend beyond the property lines, except onto adjoining sidewalks to the property.

(2) Illumination levels shall comply with applicable design standard lighting regulations set forth in Chapters 21.33 through 21.35 WMC.

(3) A photometric plan shall be submitted for all nonresidential developments and multifamily developments to confirm compliance with light requirements. The plan shall include the following items:

(a) Location of all lighting fixtures;

(b) Manufacturer’s model identification of each lighting fixture;

(c) Manufacturer’s performance specifications of each fixture; and

(d) Photometric plan of the installed fixtures which demonstrates that all illumination is confined within the boundaries of the site. (Ord. 737 § 2 (Att. A), 2022)

(1) The standards of this section regulate the installation of drive-through facilities to ensure their design, operation, and associated impacts can effectively be mitigated. Where allowed, drive-through facilities shall comply with the regulations set forth in this section.

(2) To the extent feasible, drive-through facilities should be located to the side and/or rear of buildings. Drive-through facilities shall not be located between the building and the street except when a site contains more than one street frontage the drive-through facility may be located between the building and secondary street frontage.

(3) All drive-through facilities shall provide stacking lanes satisfying the follow criteria:

(a) The minimum lane width shall be eight feet;

(b) The minimum length of the stacking lane measured from the center of the service window shall be as follows:

(i) Eighty feet for ATM/financial, business service, coffee/drink/prepacked food services only, or other drive-through uses not listed; and

(ii) One hundred forty feet for restaurants; and

(c) If during operations a drive-through facility has negative traffic impacts on adjoining roads and/or businesses, the City may require additional traffic controls at the business’s expense to alleviate the negative impacts.

(4) Drive-through lanes shall be designed as a dedicated lane, physically separated from parking areas and internal parking circulation aisles in order to enhance pedestrian safety and provide screening from adjoining properties and street rights-of-way.

(5) To enhance safe pedestrian access, designated walkways from all on-site parking areas and from the public sidewalk to a building entry shall be provided as follows:

(a) Walkways shall be a minimum five feet in width, clearly marked and easily distinguished from driving surfaces by using a combination of landscaping strips or islands that delineate the pedestrian walkways; and

(b) Walkways shall include at least one of the following treatments: decorative paving, stamped/stained concrete or raised walkways with alternative materials (such as brick, cobblestone, and decorative pavers) to clearly indicate the safe walking route. Walkways through heavy traffic areas such as the drive-through must be made of durable materials able to withstand heavy traffic conditions. (Ord. 737 § 2 (Att. A), 2022)

(1) No new development, redevelopment, and maintenance of existing conditions (e.g., parking vegetation growth, or other obstructions) shall result in obstruction of sight distance to motor vehicle operators as determined by the Public Works Director. Specific criteria for sight distance requirements are set forth in the City of Woodinville transportation infrastructure standards and specifications pursuant to Chapter 12.09 WMC. These provisions apply to all intersections, roadways, and site access points.

(2) The Director may require modification or removal of structures, landscaping, or other objects located in street setback areas if:

(a) Such improvements prevent adequate sight distances including sight distances on adjoining lots; or

(b) Clear lines of sight are obstructed by such structures, landscaping, or objects in a manner that poses a potential public safety hazard. (Ord. 737 § 2 (Att. A), 2022)

(1) The intent of these provisions is to provide opportunities for reusing nonresidential buildings in residential zones that are structurally sound, but have lost their nonconforming use rights, with new uses to extend their economic life. The adaptive reuse shall not be granted if the new use adversely affects adjoining properties. Consideration shall be given to the relative intensity of the proposed use compared to the intensity of the planned land use environment.

(2) A nonadministrative conditional use permit pursuant to WMC 21.84.010 is required to authorize the adaptive reuses.

(3) No more than 50 percent of the original gross floor area may be demolished in support of an adaptive reuse of a building.

(4) In addition to the decision criteria set forth in WMC 21.84.010(4), the adaptive reuse shall satisfy the following conditions:

(a) New traffic increases above what previously occupied the site shall be accommodated within the existing levels of service on the surrounding neighborhood streets;

(b) Provision for off-street parking must be evaluated and, to the greatest extent possible, satisfy the parking demand for change of uses;

(c) The new uses shall not generate noise that exceeds the maximum sound standards set forth in Chapter 8.08 WMC for residential zones acting as both the source and receiving properties;

(d) Street trees and landscaping above those required elsewhere in the code are provided and incorporated in a manner that buffers the adaptive reuse from adjoining and nearby residential uses and makes it more compatible with the surrounding neighborhood; and

(e) Additional conditions may be applied including, but not limited to, limiting hours of operations, density, restrictions for noise attenuation, and other conditions deemed necessary to ensure compatibility with surrounding residential uses.

(5) The following uses may be authorized in an adaptive reuse building:

(a) Any use authorized by the underlying zone;

(b) Multifamily dwelling units;

(c) Arts and cultural establishments;

(d) Temporary lodging;

(e) Eating and drinking places;

(f) Tasting rooms;

(g) General sales, retail, or service level 1; and

(h) Education facilities. (Ord. 737 § 2 (Att. A), 2022)

(1) This chapter establishes special development standards that apply to specific accessory uses identified in Chapter 21.21 WMC.

(2) The special development standards prescribed by this chapter shall be applied in combination with other development regulations applicable to the property.

(3) Where this chapter imposes a different standard than specified elsewhere in the Woodinville Municipal Code, the special development standards set forth in this chapter shall prevail. (Ord. 737 § 2 (Att. A), 2022)

This section applies to accessory dwelling units.

(1) Where Table 21.21.050 allows accessory dwelling units, a maximum of two accessory dwelling units per parent lot (see definition of “parent lot” in WMC 21.11A.170) may be allowed.

(2) Accessory dwelling units are included in the determination of maximum dwelling units per lot set forth in WMC 21.31.030, except if a property owner elects to build two accessory dwelling units complying with this section, the second accessory dwelling unit is excluded from the determination of maximum dwelling units per lot.

(3) Development Standards. Accessory dwelling units must comply with the applicable development standards of the underlying zone, except as modified by the following:

(a) The accessory dwelling unit may be fully contained inside a primary dwelling unit, attached or stacked to a primary or accessory dwelling unit, attached or stacked on a building containing an accessory residential use, or may be standalone one-unit dwellings;

(b) The accessory dwelling unit must have a habitable floor area of at least 300 square feet and shall not exceed 1,500 square feet of habitable floor area. Habitable floor area means the gross floor area of a building reduced by subtracting floor areas for vehicle parking, covered and uncovered outdoor open-air floors, and floor areas having less than five-foot-high ceilings;

(c) A detached accessory dwelling unit may have the zoning setback reduced to zero from any property line abutting a dedicated public alley;

(d) Accessory dwelling units should have, but are not required to have, similar outside architectural appearances to the primary dwelling; and

(e) The Director may authorize and condition reasonable deviations from zoning development standards to install features that facilitate accessibility for people with disabilities.

(4) Other Provisions Applicable to Accessory Dwelling Units.

(a) Accessory dwelling units may be converted from existing enclosed structures, including but not limited to detached garages, and includes enclosed structures not complying with building coverage or setback standards, provided the existing enclosed structure and any nonconformance were legally established, and accessory dwelling units are permitted by the underlying zone.

(b) The requirements for frontage improvements do not apply pursuant to WMC 21.63.020 unless such frontage improvements are required without the accessory dwelling unit.

(c) Accessory dwelling units may include prefabricated units placed on a permanent foundation.

(5) Accessory dwelling units are prohibited from being rented for periods of fewer than 30 consecutive nights. (See RCW 36.70A.696 definition of short-term rental.) (Ord. 792 § 27, 2025)

(1) This section applies to uses meeting the definition of “home business level 1” as defined in WMC 21.11B.090. A home business level 1 requires the obtaining of a home business permit pursuant to WMC 21.82.060.

(2) Dwelling units that are combined as an approved work-living unit are not subject to this section.

(3) The following conditions must be satisfied and maintained for approval of a home business level 1:

(a) The home business must be an accessory use of a single-family, duplex, townhome, multifamily, or accessory dwelling unit;

(b) The home business must be the principal residence of the person(s) conducting the home business;

(c) All activities of the home business must be conducted indoors, except for the growing and storage of plants;

(d) The total floor/land area devoted to home businesses on the site cannot exceed 20 percent of the total gross floor area of the dwelling unit, excluding the floor area of attached garages, porches, and attached covered patios;

(e) Detached buildings including garages and sheds may be used for storage for the home business without counting towards the maximum floor area set forth in subsection (3)(d) of this section;

(f) No person living off site shall be employed and working on site of the home business;

(g) One additional off-street parking stall, in addition to the parking required for the dwelling unit, shall be provided if personal services are offered on site;

(h) Personal services shall be by appointment only, or provided off site;

(i) Sales of goods shall be limited to mail-order, online sales, and telephone sales and be limited to off-site delivery;

(4) The following activities are prohibited of a home business:

(a) Repair of any motorized vehicle or heavy equipment;

(b) Autobody work and/or painting;

(c) Parking and/or storage of heavy equipment; and

(d) Storage of materials used by the construction trades for use off site;

(5) Pursuant to WMC 21.82.060(5), the Director may apply such conditions of approval as necessary including but not limited to:

(a) Limiting the type and size of equipment used by the home business;

(b) Providing increased setbacks and/or screening as needed to protect adjoining residential properties;

(c) Specifying hours of operation;

(d) Determining acceptable levels of outdoor lighting; and

(e) Requiring sound testing to verify compliance with Chapter 8.08 WMC, Noise Regulation.

(6) No vehicle, equipment or material shall be parked or stored within any required setback areas of the lot or on adjoining and adjacent streets.

(7) A home business may have one car, van, truck, or similar motorized vehicle operate on site in support of the home business if:

(a) The gross vehicle weight does not exceed 10,000 pounds;

(b) The height of the vehicle does not exceed nine feet measured from the ground; and

(c) The length of the vehicle as measured from the most outer points of the vehicle does not exceed 22 feet.

(8) The home business shall not use any equipment that changes the fire rating/occupancy of the dwelling, causes interference in communication signals, or causes any public nuisances. (Ord. 737 § 2 (Att. A), 2022)

Where bed and breakfast inns are allowed as an accessory use pursuant to the use tables in Chapter 21.21 WMC, the following apply:

(1) The operators of the bed and breakfast inn must occupy the building as their principal residence;

(2) In addition to those required for the dwelling unit, one off-street parking space is required per each guest bedroom;

(3) The Director may authorize a reduction to the off-street parking requirement for each guest bedroom if the owner can demonstrate parking will not spill over onto nearby residential properties or streets;

(4) No commercial receptions, parties, or other public gatherings, or serving of meals to nonresident guests for compensation are allowed; and

(5) Any remodeling of the residential structure shall maintain the residential nature of the structure and not alter the structure in such a manner that would prevent it from being used as a residence in the future. (Ord. 737 § 2 (Att. A), 2022)

Where indoor recreation and sports facilities are allowed as an accessory use pursuant to the use tables in Chapter 21.21 WMC, the indoor recreation and sports facility shall be allowed only as an accessory to a residential development and be limited to use by residents and the residents’ guests of the residential development. Such facilities shall not be available for use by the general public. (Ord. 737 § 2 (Att. A), 2022)

Where outdoor recreation and sports facilities are allowed as an accessory use pursuant to the use tables in Chapter 21.21 WMC, the following conditions apply:

(1) Except in the Public/Institutional zone, outdoor recreation and sports facilities shall be allowed only as an accessory to a residential development (including mixed-use with residential) only and be limited to use by the residents and the residents’ guests of the residential development; and such facilities shall not be available for use by the general public; and

(2) Within the Public/Institutional zone, outdoor recreational and sports facilities shall be allowed only as an accessory to a public park or educational facilities level 2 or 3, and a nonadministrative conditional use permit is obtained pursuant to WMC 21.84.010. (Ord. 737 § 2 (Att. A), 2022)

Where wholesale trade establishments are allowed as an accessory use pursuant to the use tables in Chapter 21.21 WMC, the wholesale trade must be accessory to a permitted primary use and cannot occupy more than 49 percent of the gross floor area of the combined wholesale trade and primary use on the site. (Ord. 737 § 2 (Att. A), 2022)

Where helipads are allowed as an accessory use pursuant to the use tables in Chapter 21.21 WMC, the helipad shall be accessory to a law-enforcement, fire department, or hospital use. (Ord. 737 § 2 (Att. A), 2022)

Where long-term care facilities are allowed as an accessory use pursuant to the use tables in Chapter 21.21 WMC, the long-term care facility shall be accessory to a hospital use. (Ord. 737 § 2 (Att. A), 2022)

Where daycare facilities are allowed as an accessory use in a residential zone pursuant to the use tables in Chapter 21.21 WMC, the daycare facilities must satisfy the following:

(1) If located within a dwelling unit, the daycare must not occupy more than 49 percent of the gross floor area of the dwelling unit;

(2) Outdoor play areas shall be completely enclosed by a solid wall or fence having a minimum height of six feet;

(3) Outdoor play equipment shall be placed a minimum of 20 feet from interior property lines adjoining residentially zoned lots; and

(4) Not more than two nonresident staff members shall be present on the site at any given time. (Ord. 737 § 2 (Att. A), 2022)

Where educational facilities are allowed as an accessory use in a residential zone pursuant to the use tables in Chapter 21.21 WMC, the educational facility must be accessory to a dwelling unit and satisfy the following:

(1) No more than 12 students are allowed on site at any one time with a maximum of 24 students total allowed during any 24-hour period;

(2) Instruction must take place inside an enclosed structure;

(3) The structure housing rooms for instruction must be set back at least 25 feet from all interior property lines adjoining residentially zoned lots;

(4) Not more than three nonresident staff members shall be present on site at any given time; and

(5) Operations are limited to between the hours of 7:00 a.m. and 7:00 p.m. on weekdays, and 8:00 a.m. and 4:00 p.m. on Saturday and Sunday. (Ord. 737 § 2 (Att. A), 2022)

Where local collection recycle facilities are allowed as an accessory use pursuant to the use tables in Chapter 21.21 WMC, the facility must be accessory to a permitted use; and

(1) Facilities are limited to drop boxes only unless collection operations are contained wholly within an enclosed building;

(2) Within the Central Business District and General Business zones, collection facilities shall be located within an enclosed building; and

(3) Local collection recycle facilities are prohibited in the Pedestrian Core Design District. (Ord. 737 § 2 (Att. A), 2022)

(1) This chapter establishes special development standards that apply to specific uses that are designated as limited uses in Chapter 21.21 WMC.

(2) The special development standards prescribed by this chapter shall be applied in conjunction with other development regulations applicable to the property.

(3) Where this chapter imposes a requirement that differs from the same development standard found elsewhere in this title, the requirement set forth in this chapter shall prevail. (Ord. 737 § 2 (Att. A), 2022)

Where bed and breakfast inns are allowed as a limited use pursuant to the use tables in Chapter 21.21 WMC, the following shall apply:

(1) The number of rooms available for guests shall not exceed 24 rooms per acre;

(2) The minimum landscaping coverage on the site containing the bed and breakfast inn shall be 45 percent;

(3) The height of the building containing the bed and breakfast shall not exceed 35 feet and three stories above grade; and

(4) Incorporate a building design that fits one of the following styles:

(a) Country inn;

(b) Victorian;

(c) Woodland lodge;

(d) New England bed and breakfast; or

(e) A style approved by the Director in consultation with the Planning Commission Design Review Committee. (Ord. 737 § 2 (Att. A), 2022)

Residential development shall be allowed in the Tourist Business zone only if the following conditions are satisfied:

(1) A development agreement is obtained pursuant to Chapter 21.85 WMC authorizing residential development;

(2) The residential development is integrated into the overall development in a manner that supports the vision and goals of the Tourist District Master Plan;

(3) Dwelling units on the ground floors or below grade are prohibited, except where:

(a) Specifically authorized on the ground floor by a development agreement; and

(b) No ground floor dwelling units are within 100 feet from the property lines abutting 148th Avenue NE, NE 145th Street, or Woodinville-Redmond Road, unless such dwelling units are screened from 148th Avenue NE, NE 145th Street, or Woodinville-Redmond Road by building spaces containing commercial uses; and

(c) Excluding parking facilities, the total ground floor building footprint of dwelling units and other floor areas associated with residential uses shall not exceed 50 percent of the total ground floor building footprint of all nonresidential uses; provided, that the timing of compliance with this condition may be modified by an approved development agreement;

(d) The term “ground floor” for purposes of this section means the area of any floor of any building at the ground surface elevation at the conclusion of all grading efforts around a building and may result in a single building having more than one “ground floor” due to elevation differences; and

(e) The height of a building having ground floor dwelling units shall not exceed 38 feet from the average existing grade;

(4) No direct dwelling unit entrances or exits are permitted onto 148th Avenue NE, NE 145th Street, or Woodinville-Redmond Road;

(5) Public benefits are provided of which the composition shall be agreed to in the development agreement and the City having the option to require studies to evaluate the reasonableness of the public benefit in exchange for the residential development; and

(6) For purposes of this condition, public benefits may include but are not limited to:

(a) Affordable housing units that are sold or rented at rates below market agreed to in the development agreement;

(b) Public art such as fountains, sculptures, paintings, murals, etc.;

(c) Indoor and/or outdoor public space and amenities, which are permanently reserved for use by the general public such as commons, greens, plazas, etc.;

(d) Payment of transportation and/or park impact fees above those required in Chapters 3.36 and 3.39 WMC; and/or

(e) Other types of public benefits not listed that are found to be acceptable by the City Council. (Ord. 756 § 2, 2023; Ord. 737 § 2 (Att. A), 2022)

The following apply to the CBD zone:

(1) Except as provided in subsection (3) of this section, dwelling units are not permitted on the ground floor or below in buildings fronting public streets (the term “dwelling units” should not be construed to include lobbies, foyers, rental offices, community facilities, etc.); and

(2) Active uses having an occupancy of at least 30 feet of depth, as measured from the interior side of building facades fronting public streets, are required on the street level to face onto public streets as set forth in Figure 21.42.040(1).

(3) Ground floor or below dwelling units are allowed to face onto street levels in buildings fronting public streets as follows:

(a) Where they may be authorized on ground levels pursuant to Figure 21.42.040(1);

(b) Where commercial or office uses having occupancy of at least 30 feet of depth, as measured from the interior side of building facades fronting public streets, are located between the dwelling unit and any public street; or

(c) Within the boundaries of the Old Town area as set forth in Figure 21.42.040(2); provided, that:

(i) The dwellings are specifically authorized to face onto street levels by a development agreement obtained pursuant to Chapter 21.85 WMC; and

(ii) At least 10 percent of the total dwelling units within the development are sold or rented at rates below market as agreed to in the development agreement; and

(iii) Other public benefits may be required of which the composition shall be agreed to in the development agreement and the City having the option to require studies to evaluate the reasonableness of the public benefit in exchange for the ground floor dwelling units facing onto public streets.

Figure 21.42.040(1) Map Designating Active and Residential Uses at the Street Level

Figure 21.42.040(2) Map Designating Old Town Parcels Residential Uses at the Street Level

(Ord. 767 § 1, 2024; Ord. 737 § 2 (Att. A), 2022)

The following conditions apply to the design and layout of manufactured/mobile home parks:

(1) The area of the site is at least three acres;

(2) Manufactured and mobile homes must be approved by the Washington State Department of Labor and Industries or the U.S. Department of Housing and Urban Development, and the appropriate certification insignia is affixed to the unit, in accordance with the provisions of Chapter 43.22 RCW;

(3) Manufactured/mobile home parks shall not be used to locate recreational vehicles as temporary or permanent living units;

(4) The required number of spaces with utility hookups shall be based on the minimum and maximum residential densities applicable to the underlying zone;

(5) Development within the park shall be exempt from maximum building coverage requirements;

(6) One accessory carport or garage, and one garden/storage shed, may be allowed for each individual manufactured/mobile home;

(7) All manufactured and mobile homes shall be full skirted or have a foundation;

(8) Community clubhouses, recreational facilities, parking facilities, storage areas, and similar community facilities may be incorporated into the development;

(9) Internal roads shall provide access to each space and shall be constructed in accordance with the City’s adopted street standards; except the Public Works Director may authorize internal roads having a minimum width of 22 feet, provided:

(a) The roads are privately owned, and the City approves an agreement for the owner to maintain the private roads to a specified standard;

(b) Adequate pedestrian facilities such as sidewalks or trails are incorporated into the development;

(c) The reduced-size internal roads do not directly connect two or more vehicle access points into the park;

(d) Not more than 100 dwelling units are served by private roads within the park; and

(10) All building and fire code requirements are satisfied. (Ord. 737 § 2 (Att. A), 2022)

Where golf facilities are allowed as a limited use pursuant to the use tables in Chapter 21.21 WMC, the following conditions apply:

(1) The minimum site area of the golf course is 70 contiguous gross acres;

(2) No buildings or golf facilities shall be located within 50 feet of the outer golf course property lines where adjoining properties are zoned residential;

(3) Driving ranges must be located within an enclosed building; and

(4) Underlying zoning development standards apply, except setback requirements may be reduced or waived by the Director for property lines located inside the outer boundaries of the golf course. (Ord. 737 § 2 (Att. A), 2022)

Where eating and drinking establishments are allowed as a limited use pursuant to the use tables in Chapter 21.21 WMC, the following development standards apply:

(1) Within the Neighborhood Business, Tourist Business and Tourist Industrial zones, drive-through windows for eating and drinking establishments are prohibited, except a drive-through window may be allowed as part of a detached kiosk if:

(a) The gross floor area of the kiosk does not exceed 200 square feet; and

(b) Only nonalcoholic drinks are served; and

(c) Only preprepared and prepackaged foods may be offered.

(2) Within the Central Business District zone, drive-through windows for eating and drinking establishments are prohibited in the Pedestrian Core Design District. (Ord. 737 § 2 (Att. A), 2022)

Within the Central Business District zone, food and grocery stores level 2 are prohibited within the Pedestrian Core and the Civic/Gateway Design Districts. (Ord. 737 § 2 (Att. A), 2022)

Within the Central Business District zone, the following conditions apply to general sales, retail, or service uses:

(1) Within the Pedestrian Core and the Civic/Gateway Design Districts, level 2 general sales, retail, or service uses are prohibited;

(2) Within the East Frame Design District, general sales, retail, or service uses shall not exceed 150,000 square feet of indoor gross floor area within any single building;

(3) Within the Transition Design District, general sales, retail, or service uses shall not exceed 75,000 square feet each of indoor gross floor area within any single building; and

(4) Within the Old Town District (commercial properties adjoining NE Woodinville Drive/Woodinville Redmond Road and 173rd Place), general sales, retail, or service uses shall not exceed 35,000 square feet of indoor gross floor area within any single building. (Ord. 737 § 2 (Att. A), 2022)

Within the Central Business District zone, ground passenger and transit service uses are prohibited in the Pedestrian Core and Civic/Gateway Design Districts. (Ord. 737 § 2 (Att. A), 2022)

Where automotive parking facilities are allowed as a limited use pursuant to the use tables in Chapter 21.21 WMC, the automotive parking facility must be located wholly inside of an enclosed structure. The use of “surface parking” as defined in WMC 21.11A.170 is prohibited. This condition does not apply to “accessory parking facilities” as defined in WMC 21.11B.020. (Ord. 737 § 2 (Att. A), 2022)

Where long-term automotive parking facilities are allowed as a limited use pursuant to the use tables in Chapter 21.21 WMC, the long-term automotive parking facility must be wholly located inside an enclosed structure. The use of “surface parking” as defined in WMC 21.11A.170 is prohibited. (Ord. 737 § 2 (Att. A), 2022)

Where light industrial uses are allowed as a limited use pursuant to the use tables in Chapter 21.21 WMC, the following conditions apply:

(1) Within the Central Business District and General Business zones, light industrial uses must be wholly located within enclosed buildings;

(2) Within the Central Business District zone:

(a) The total gross floor area of all rooms containing manufacturing/production activity, including associated storage, shall not exceed 10,000 square feet; and

(b) Within the Pedestrian Core Design District, light industrial uses are allowed only as accessory and incidental in support of a primary use on the site (e.g., small-scale brewing serving an on-site restaurant). (Ord. 737 § 2 (Att. A), 2022)

Where warehousing uses are allowed as a limited use pursuant to the use tables in Chapter 21.21 WMC, warehousing uses must be located wholly inside enclosed buildings, except areas designed for loading and unloading may be outside. (Ord. 737 § 2 (Att. A), 2022)

Where construction service, shop, and storage yard uses are allowed as a limited use pursuant to the use tables in Chapter 21.21 WMC, the following conditions apply:

(1) Buildings, parking, and storage facilities must be set back a minimum of 20 feet from property lines abutting residentially zoned properties;

(2) The overnight parking of vehicles on site having a gross vehicle weight of 14,001 pounds (Class 4) and higher is prohibited;

(3) Storage of equipment and materials is limited to those used in the construction trades; and

(4) The perimeter of all areas used for outdoor storage shall be screened with a minimum six-foot-high sight-obscuring fence and a minimum 10-foot-wide Type 1 landscaping in accordance with WMC 21.36.060. (Ord. 737 § 2 (Att. A), 2022)

Where residential care facilities are allowed as a limited use pursuant to the use tables in Chapter 21.21 WMC, the following conditions apply:

(1) Within the Tourist Business zone, residential care facilities are subject to the same requirements for residential uses set forth in WMC 21.42.030.

(2) Within the Central Business District zone, residential care facilities are subject to the same requirements for residential uses set forth in WMC 21.42.040. (Ord. 737 § 2 (Att. A), 2022)

Where educational facilities are allowed as a limited use pursuant to the use tables in Chapter 21.21 WMC, the following conditions apply:

(1) The gross floor area of all rooms used by the educational facility cannot exceed 25,000 square feet; and

(2) All instruction shall be conducted indoors. Outdoor instruction is prohibited. (Ord. 737 § 2 (Att. A), 2022)

Where small farm direct marketing is allowed as a limited use pursuant to the use tables in Chapter 21.21 WMC, the following conditions apply:

(1) Sales shall be limited primarily to agricultural products produced on and off site;

(2) The indoor gross floor area containing goods and products shall not exceed 1,000 square feet;

(3) The property containing the small farm direct marketing shall include the residence of the owner or operator of the farm; and

(4) Off-street parking spaces for customers shall be provided consistent with retail uses in WMC 21.37.060. (Ord. 737 § 2 (Att. A), 2022)

Where animal lodging and training facilities are allowed as a limited use pursuant to the use tables in Chapter 21.21 WMC, the entire roof area over riding/training arenas shall not exceed 20,000 square feet. The roof areas over facilities designed for lodging animals such as stables shall not be included in this calculation. (Ord. 737 § 2 (Att. A), 2022)

Where primary utilities are allowed as a limited use pursuant to the use tables in Chapter 21.21 WMC, the following conditions apply:

(1) If the use is an electrical transmission substation, a nonadministrative conditional use permit pursuant to WMC 21.84.010 is required; and

(2) Except for primary utilities qualifying as an essential public facility pursuant to Chapter 21.46 WMC, or defined elsewhere by this title, all other primary utilities are permitted uses. (Ord. 737 § 2 (Att. A), 2022)

Townhouse and stacked housing developments in the R-1 and R-4 zones shall not exceed two dwelling units per building. (Ord. 792 § 28, 2025)

(1) This chapter establishes special development standards that apply to specific uses that are designated as conditional uses.

(2) The special development standards prescribed by this chapter shall be applied in conjunction with other development regulations applicable to the property.

(3) Where this chapter imposes a requirement that differs from the same development standard found elsewhere in this title, the requirement set forth in this chapter shall prevail. (Ord. 737 § 2 (Att. A), 2022)

(1) This section applies to uses meeting the definition of “home business level 2” as defined in WMC 21.11B.090. A home business level 2 requires the obtaining of a home business permit pursuant to WMC 21.82.060 and an administrative conditional use permit pursuant to WMC 21.83.010.

(2) Dwelling units that are approved as work-living units are not subject to this section.

(3) The following conditions must be satisfied and maintained for approval of a home business level 2:

(a) The home business must be an accessory use of a one-unit dwelling, duplex, townhome, stacked flat housing, multiplex housing, multiple dwelling unit development, or accessory dwelling unit;

(b) The home business must be the principal residence of the person(s) conducting the home business;

(c) The parent lot area upon which the home business is located must be one acre in size or larger;

(d) The total floor/land area devoted to home businesses on the site cannot exceed 50 percent of the total gross floor area of the dwelling unit, excluding the floor area of attached garages, porches, and attached covered patios;

(e) Detached buildings including garages and sheds may be used for storage for the home business without counting towards the maximum floor area set forth in subsection (3)(d) of this section;

(f) Up to two people living off site may be employed and working on site of the home business in addition to people living on site;

(g) Additional on-site parking stalls are provided that are in addition to the parking required for the dwelling as follows:

(i) One parking stall for each nonresident employed and working on site of the home business; and

(ii) A minimum of one parking stall for customer parking plus one additional parking stall per 1,000 square feet of floor area inside the dwelling dedicated to the home business, and one additional parking stall per 2,000 square feet of work or storage area outside of the dwelling;

(h) Sales shall be limited to items produced on site, except for items collected, traded, and occasionally sold by hobbyists such as coins, stamps, and antiques;

(i) A 10-foot-wide Type 1 landscaped strip in accordance with WMC 21.36.060 shall be provided around parking and outside storage areas visible from adjoining properties or from a public street right-of-way.

(4) The following activities are prohibited of a home business:

(a) Outdoor repair of any motorized vehicle or heavy equipment;

(b) Outdoor autobody work; and

(c) All autobody painting.

(5) Pursuant to WMC 21.82.060(5) and 21.83.010(5), the Director may apply such conditions of approval as necessary including but not limited to:

(a) Limiting the type and size of equipment used by the home business;

(b) Providing increased setbacks and/or screening as needed to protect adjoining residential properties;

(c) Specifying hours of operation;

(d) Determining acceptable levels of outdoor lighting; and

(e) Requiring sound testing to verify compliance with Chapter 8.08 WMC, Noise Regulation.

(6) No vehicle, equipment or material shall be parked or stored within any required setback areas of the lot or on adjoining and adjacent streets. (Ord. 792 § 29, 2025; Ord. 737 § 2 (Att. A), 2022)

(1) Within the Central Business District zone, fuel service stations are prohibited in the Pedestrian Core and the Civic/Gateway Design Districts.

(2) Within the Central Business District and General Business zones, the following design standards shall apply to fuel service stations in addition to other design standards required by law:

(a) Buildings, walls, fences, pump islands, and covered areas shall be architecturally integrated using similar materials, colors, and detailing;

(b) Buildings should be located abutting the street; however, if pump islands are placed nearest to the street, a vertical trellis or screen having a minimum height of 30 inches with climbing vines or other approved screening materials shall be installed between the pump island and the street;

(c) Auto service bays, car wash openings, vacuum stations, loading areas, garbage and recycling facilities, and stacking lanes shall be located so as to not be facing adjoining properties with residential zones, residential development, or schools;

(d) Noise-generating facilities including but not limited to car washes and repair bays shall provide solid sound attenuation measures such as fences, walls, and berms with complementary landscaping to buffer adjoining properties from noise generators;

(e) Utility boxes, garbage and recycling facilities, loading docks and ramps, and ground-placed mechanical equipment shall be enclosed within buildings or screened from adjoining properties and streets with sight-obscuring measures such as walls and landscaping;

(f) The canopy over pump islands shall be integrated with buildings on site, and multiple canopies or canopies that express differing architectural masses are encouraged;

(g) Lighted bands, tubes or applied bands of corporate colors are prohibited;

(h) The use of translucent materials and internally lighted cabinets is prohibited as finishes or as applied treatments at the pump island or on the pump island canopy cover;

(i) Where a car wash is proposed that is visible to public areas, glass windows shall be provided for those portions of the car wash facing towards public areas;

(j) The landscaping requirements set forth in Chapter 21.36 WMC as applied to fuel service stations are modified to include the following:

(i) In-ground plantings should comprise the majority of landscaping, except raised planters are acceptable when designed to accentuate architecture features or outdoor seating areas;

(ii) A minimum 10-foot-wide Type 3 landscaping in accordance with WMC 21.36.060 adjoining street frontages;

(iii) A minimum 10-foot-wide Type 3 landscaping in accordance with WMC 21.36.060 adjoining interior property lines unless adjoining a residential zoned property where a minimum 20-foot-wide Type 3 landscaping in accordance with WMC 21.36.060 is required; and

(iv) A minimum 15 percent of the site, which may include the landscaping in subsections (2)(j)(ii) and (iii) of this section but shall exclude wetland and wildlife habitat areas including their buffers. (Ord. 737 § 2 (Att. A), 2022)

(1) Within the Central Business District zone, motor vehicle/vessel sales, rental, service, and repair uses are prohibited within the Pedestrian Core Design District.

(2) Within the Central Business District and the General Business zones, the repair and service of motor vehicles and vessels shall be inside enclosed buildings only. (Ord. 737 § 2 (Att. A), 2022)

Where public administration/safety facilities are allowed as a conditional use pursuant to the use tables in Chapter 21.21 WMC, only civic centers, fire safety facilities, and police facilities may be authorized. (Ord. 737 § 2 (Att. A), 2022)

Within the Central Business District and General Business zones, the conditions set forth in WMC 21.42.170 shall apply to level 2 and 3 educational facilities. (Ord. 737 § 2 (Att. A), 2022)

Where golf facilities are allowed as a conditional use pursuant to the use tables in Chapter 21.21 WMC, the conditions set forth in WMC 21.42.060 shall apply. (Ord. 737 § 2 (Att. A), 2022)

Where arts and cultural establishments and conference centers are allowed as a conditional use in the R-8 zone pursuant to the use tables in Chapter 21.21 WMC, the arts and cultural establishment and/or conference center must be an accessory use to a building or site registered as a historical landmark pursuant to Chapter 21.47 WMC. (Ord. 737 § 2 (Att. A), 2022)

Signs perform an important function in identifying and promoting businesses, properties, services, events, and other matters of interest to the public. The intent of this chapter is to regulate signs within the City to ensure that they are appropriate for their respective uses, in keeping with the appearance of the affected property and surrounding environment, and protective of the public health, safety, and general welfare by:

(1) Setting content-neutral standards for the reasonable use of signs;

(2) Prohibiting the erection of signs in such numbers, sizes, designs, illumination, and locations as may create a hazard to motorists, bicyclists, pedestrians, and other transports;

(3) Ensuring signage is consistent with the City’s high-quality Northwest woodland character;

(4) Avoiding excessive conflicts from large or multiple signs, so that permitted signs provide adequate identification and direction while minimizing clutter, unsightliness, and confusion;

(5) Providing minimum maintenance requirements for signs; and

(6) Establishing supplemental processes for the review and approval of sign permit applications. (Ord. 766 § 10 (Att. A), 2024)

Any sign erected, displayed, altered, or maintained within the City shall comply with this chapter. Signs located within the shoreline jurisdiction must also comply with WMC 21.75.100. Should a conflict arise between sign regulations, the more restrictive provision shall prevail. (Ord. 766 § 10 (Att. A), 2024)

The following signs are unlawful and prohibited:

(1) Abandoned signs (see WMC 21.44.110);

(2) Any sign that imitates, resembles, interferes with, or obstructs official traffic lights, signs, or signals;

(3) Off-premises signs, including billboards (see WMC 21.14.060(7) for special billboard provisions), except as permitted by this chapter;

(4) Signs attached to public trees, streetlights, and other types of utility poles, except for noncommercial signs posted by the utility or public agency owning or controlling such public tree, streetlight, or utility pole;

(5) Signs in public rights-of-way, except as permitted by this chapter;

(6) Signs erected or placed without the permission of the owner, except those authorized or required by a local, State, or Federal government;

(7) Animated signs, strobe lights, flashing signs, or signs that scroll or flash text or graphics outdoors, except as permitted by this chapter;

(8) Signs incorporating strobe or beacon, or lack measures to prevent direct rays of light from shining on nearby properties or streets;

(9) Any electronic or animated sign that reacts to the behavior or electronic signals of motor vehicles that is also visible from streets or pathways accessible for use by the general public;

(10) Any banner or sign of any type suspended across a street or pathway without the permission of the property owner or agency controlling the street or pathway;

(11) Reflective signs including signs containing mirrors;

(12) Inflatable devices or balloon signs, pennant stringers and streamers, and feather flag signs, except those used in temporary, noncommercial situations;

(13) Signs which emit smoke, visible vapors, particulate matter, sound, odor or contain open flames;

(14) Human held signs, except those used in temporary, noncommercial situations;

(15) Signs that exhibit statements, words, or pictures of obscenity as defined in Chapter 21.48 WMC;

(16) Signs that promote illegal activity; and

(17) Any sign reasonably determined by the Director to be a hazard to public safety due to its design, materials, physical condition, or placement. (Ord. 766 § 10 (Att. A), 2024)

(1) A sign permit is required for any of the following, unless specified otherwise by this chapter:

(a) Erecting, installing, or replacing of any permanent sign having a sign area greater than two square feet; or

(b) Erecting, installing, or replacing any sign of limited duration or portable signs having a sign area greater than four square feet.

(2) An application for a sign permit shall at a minimum include:

(a) A description of the sign indicating the number, size, shape, dimensions, and colors of the sign;

(b) For limited duration and portable signs, the expected length of time the sign will be displayed;

(c) A site plan drawing showing the proposed location of the sign in relation to nearby buildings and streets;

(d) If the sign will be illuminated, information showing compliance with illumination standards; and

(e) Other information determined by the Director as being necessary for deciding on a sign permit.

(3) A permit issued for a limited duration or portable sign shall be for one year and may be renewed annually.

(4) Signs not requiring a permit pursuant to subsection (1) of this section must comply with all other provisions of this chapter, including size and number of signs, unless specified otherwise by this chapter.

(5) The following signs are allowed without a sign permit and shall not be included in the determination of size and number of signs set forth elsewhere in this chapter, provided such signs comply with this section and comply with all other provisions of this chapter:

(a) Official traffic signs, public wayfinding signs, and other traffic control devices erected by the City or a public agency.

(b) Signs inside a building, or other enclosed facility, which are not intended to be viewed from outside, and are located greater than three feet from the nearest exterior windows.

(c) Incidental signs as defined in WMC 21.11A.200 having a sign area of two square feet or less.

(d) Holiday and seasonal decorations.

(e) Legal and public notices by government agencies.

(f) Vending machine signs that are integral to the design of the vending machine proper.

(g) Point of purchase advertising displays that are short-term and seasonal in nature.

(h) Personal expression signs of any type that do not exceed five square feet in sign area, are noncommercial in nature, and are not illuminated.

(i) Signs or emblems of a religious, civic, philanthropic, historical, or educational organization that do not exceed five square feet in sign area.

(j) Permanent plaques, cornerstones, nameplates, and other building identification markings attached to or carved into the building materials, and which are (i) an integral part of the structure; (ii) nonilluminated, and (iii) do not exceed four square feet in sign area.

(k) Address signs, that do not exceed two address signs per premises, and do not contain any commercial advertising, logos, or other commercial identification, and:

(i) Within residential zones (R-1 through R-48), individual address signs do not exceed three square feet in sign area; or

(ii) Within nonresidential zones, individual address signs do not exceed 32 square feet in sign area.

(l) Flags, provided:

(i) The flag and support structure are placed outside of public rights-of-way;

(ii) The flag is not a prohibited sign (e.g., feather flag sign);

(iii) Except as set forth in subsection (5)(l)(iv) of this section, the surface area of the flag does not exceed 50 square feet;

(iv) Flags containing commercial messages are subject to the following:

(A) Only on-site business names/logos may be displayed;

(B) No more than one flag per business or tenant on the premises is permitted;

(C) The surface area of the flag does not exceed 20 square feet;

(v) This exemption should not be construed to exempt support structures from the requirement for a building permit pursuant to Chapter 21.62 WMC.

(m) Security and warning signs, provided:

(i) In single-family residential zones (R-1 through R-18) such signs do not exceed two square feet in sign area; and

(ii) In all other zones, one large such sign per site not exceeding five square feet in sign area is permitted, and all other such signs do not exceed two square feet in sign area; and

(iii) Conventionally posted “no trespassing” signs may have the maximum sign area increased to four square feet in all zones.

(n) Historic site markers, plaques, and gravestones.

(o) Public announcement signs that do not exceed six square feet in sign area that are intended for public announcements only, such as community bulletin board/kiosk, that accommodate short-term messages and do not contain any commercial messaging.

(p) Signs on vehicles or vessels provided (i) the sign is an integral component of the vehicle or vessel; (ii) the sign consists of magnetic, decal or is painted onto or attached to the vehicle or vessel; (iii) the vehicle or vessel is in operational condition; and (iv) the vehicle or vessel is not a static display.

(q) Art and murals, provided such displays do not contain any commercial messaging or commercial imagery including commercial imagery figurative in nature.

(r) Limited duration signs expressly listed as exempt from a permit in WMC 21.44.090. (Ord. 766 § 10 (Att. A), 2024)

(1) Sign Placement.

(a) No sign shall be placed in such a position as to endanger pedestrians, bicyclists, or traffic by obscuring views, or by interfering with official traffic signs by essence of position or color.

(b) Signs shall comply with sight distance requirements in WMC 21.40.060.

(c) Signs and support structures shall maintain clearance and noninterference with all utility and communications lines and/or equipment.

(d) Sites having no street frontage, in lieu of on-site placement, may place their permanent freestanding sign off site, provided:

(i) The off-site sign advertises only establishments on the site it supports;

(ii) The off-site sign is placed within 150 feet of the boundaries of the site it supports; however, the Director may approve a greater distance if there is no feasible placement location within 150 feet;

(iii) Written permission from the property owner for the off-site placement is obtained; and

(iv) Only one permanent off-site sign is permitted per site without street frontage. If such a site has multiple establishments, the permanent off-site sign may combine the advertisements of the establishments on the same permanent off-site sign. Permanent off-site signs beyond what is permitted by this subsection are prohibited.

(e) Limited duration and portable signs are prohibited from being placed within roundabouts, medians, and areas of street rights-of-way that are not accessible by a sidewalk or pedestrian walkway.

(2) Sign Spacing. The spacing between sign structures is measured as a straight-line distance between the closest edges of each sign.

(3) Sign Face/Area. The sign face and sign area are measured as follows:

(a) Sign Face. Sign face is measured by the smallest single rectangle which will enclose the combined lettering, wording, numbering, and accompanying design, logos, and symbols as illustrated in Figure 21.44.050(3)(a).

Figure 21.44.050(3)(a): Measuring Sign Face

(b) Sign Area. Sign area is measured by the entire surface area of the sign including panel, border, cabinet and/or framing upon which the sign message is displayed or illustrated, except on freestanding signs the foundation, any support structure, or bracing is excluded from the measurement of sign area, provided it does not contain any lettering, wording, or symbols as illustrated in Figure 21.44.050(3)(b).

Figure 21.44.050(3)(b): Measuring Sign Area

(c) Only one side of a double-faced sign is counted towards the sign face/area. If a sign has more than two sides, all sides count towards the sign face/area.

(d) Signs consisting of several individual signs placed on the same support structure, including those on the same building facade, and signs containing multiple copies such as shopping center signs, are calculated as the total of all individual sign components, except when specifically excluded from the calculations by this chapter.

(e) A round or cylindrical sign is calculated as the maximum area that can be seen at one time from one position, or 50 percent of the total area, whichever is greater.

(4) Sign Height.

(a) Building Signs. The highest point of a building sign, including all components of the sign, shall not protrude above the outer edges of the silhouette of the roof of a building, or a parapet, whichever is higher, on the building facade on which the sign is placed, provided in the case of a parapet, the parapet must extend the entire width of the building facade on which the sign is placed. See Figure 21.44.050(4)(a).

Figure 21.44.050(4)(a): Roof Silhouette/Parapet

(b) Projecting Signs. Projecting signs, including all components of the sign, shall not protrude above the lowest point of the roof structure. See Figure 21.44.050(4)(b).

Figure 21.44.050(4)(b): Height of Projecting Signs

(c) Freestanding Signs. The height of freestanding signs is measured from the lowest point of the ground grade directly below the sign, excluding berms and the like, to the highest point of the sign. See Figure 21.44.050(4)(c).

Figure 21.44.050(4)(c): Measuring Height of Freestanding Sign

(5) Sign Clearance. Signs that project over pedestrian walkways or sidewalks shall maintain a minimum clearance of eight feet between the bottom of the sign and the top of the walking surface directly below the sign as illustrated in Figure 21.44.050(5). If the sign projects over a City right-of-way, permission from the City for the projection over the right-of-way is required.

Figure 21.44.050(5): Sign Clearance

(6) Building Signs on Buildings Containing Multiple Tenants.

(a) Exterior Tenants. Where a building contains more than one tenant space and individual building signs for tenants are desired, each tenant is allowed building signs up to the prescribed percentage based on the tenant’s leasable exterior wall square footage of the building facade, provided the limitations prescribed for the entire building facade in WMC 21.44.070 are followed.

(b) Interior Tenants. If a building contains tenants who do not have leasable exterior wall square footage and individual building signs for tenants are desired, the interior tenants may be allowed building signs based on the exterior wall of the subject building facade not used or subject to leasing by other exterior tenants as described in subsection (6)(a) of this section, provided:

(i) The interior tenant’s building signage does not exceed the allowed building signage of the ground floor tenant with the largest leasable exterior wall square footage on the subject building facade (see Figure 21.44.050(6)); and

(ii) The limitations prescribed for the entire building facade in WMC 21.44.070 are followed.

Figure 21.44.050(6): Calculating Building Signs for Interior Tenants

(7) Landscaping. All permanent freestanding signs larger than six square feet in sign area shall have a distinct landscape/decorative area on the ground surrounding the base of the sign in accordance with the following:

(a) The surface area must be at least 75 percent of the sign area;

(b) The landscape/decorative area must have living predominately native plants and should use drought-resistant, low-maintenance plant species as appropriate;

(c) Up to 50 percent of the landscape/decorative area may consist of hardscape and other inanimate features such as large rocks, raised planter boxes, decorative rock, and similar decorative features that promote a Northwest woodland character appearance;

(d) Groundcover species of plants exceeding 25 percent of the landscape/decorative surface area and/or all trees and concrete pavers shall only be allowed in the landscape/decorative area with the permission of the Director as promoting the Northwest woodland character appearance;

(e) Asphalt, gravel, and similar materials that do not contribute to a Northwest woodland character shall not be included in the distinct landscape/decorative area; and

(f) Maintenance of the landscape/decorative area shall be consistent with WMC 21.36.120.

(8) Sign Illumination.

(a) Illumination of permanent signs is permitted only if authorized pursuant to the tables in WMC 21.44.070. Illumination of limited duration and portable signs is prohibited.

(b) Where illumination of signs is permitted, it shall be in accordance with the following standards:

(i) If an external light source is used to illuminate a sign, it shall be placed no further away than the height dimension of the sign area;

(ii) If an internal light source is used to illuminate a sign, it shall be incorporated into the sign in a manner emphasizing the lighting of the sign text, message, and/or symbols and minimizing the lighting of the background of the sign;

(iii) Lighting shall incorporate such measures as cutoff fixtures, shields, and baffles, and appropriate application of fixture mounting height, wattage, aiming angle, and fixture placement to avoid glare, projection of, or the reflection of light onto other properties and streets;

(iv) No more than 0.2 footcandles of light shall be detectable at the boundary of any abutting property;

(v) All illumination, including neon lighting, must be static in intensity and comply with the applicable prohibitions in WMC 21.44.030; and

(vi) The Director may condition the installation of sign lighting to limit the hours of illumination if such illumination is determined potentially to detrimentally impact nearby residences.

(c) Brightness. In addition to the applicable prohibitions in WMC 21.44.030, signs with digital displays are subject to the following brightness limits:

(i) During daylight hours between sunrise and sunset, luminance shall be no greater than 5,000 nits;

(ii) At all other times, luminance shall be no greater than 250 nits; and

(iii) Signs must have a light sensing device that will automatically adjust the brightness of the display as the natural ambient light conditions change.

(9) Sign Materials and Construction.

(a) All signs, except for limited duration and portable signs, must be constructed of durable, maintainable materials. Signs that are made of materials that deteriorate quickly or feature impermanent construction are prohibited. For example, plywood or plastic sheets without a sign face overlay or without a frame to protect exposed edges are not permitted.

(b) When required by WMC 21.44.070, signs shall be constructed of the following materials (when not required, these materials are encouraged):

(i) Sign frames are wood, anodized metal, or concrete;

(ii) Sign faces are anodized metal, wood, or bronze;

(iii) Sign mountings are wood, stone, concrete, masonry, or structural metal; and

(iv) Plastic is discouraged, except when used for backlit lettering.

(c) The frame of building signs must be concealed or integrated with the building by using similar materials.

(10) Sign Colors.

(a) When required by WMC 21.44.070, sign face background colors (color behind the lettering and symbols) are required as follows using the Pantone color system as a reference (when not required, these background colors are encouraged):

(b) When required by WMC 21.44.070, frame colors are for use on the frames of freestanding signs and are prescribed as follows using the Pantone color system as a reference.

(c) The frame of building signs must be concealed or integrated with the building using similar colors. (Ord. 766 § 10 (Att. A), 2024)

(1) Building Signs.

(a) Except for projecting signs, no portion of a building sign shall project out more than 18 inches from the structure against which it is affixed and the minimum sign clearance in WMC 21.44.050(5) shall apply. If the building sign is affixed to a building wall and projects out three inches or less from the building wall, the sign clearance in WMC 21.44.050(5) shall not apply.

(b) No portion of a projecting sign shall extend out more than five feet from the building wall on which it is affixed, and the minimum sign clearance in WMC 21.44.050(5) shall apply. Additionally, the outermost edge of a projecting sign shall be no closer than three feet from the curb line or shoulder of a street.

(c) Projecting signs shall be affixed against the surface of a building wall and not architectural projections that would allow a greater extension from the building wall than permitted in subsection (1)(b) of this section.

(2) Freestanding Signs. The placement of permanent freestanding signs shall comply with the following:

(a) Set back a distance of at least five feet from the closest edge of the line for street rights-of-way and easements for sidewalks, excluding official traffic signs and governmental signs;

(b) Support structures shall be embedded, anchored, or connected to the sign in such a manner as to incorporate it into the landscape or architectural design scheme; and

(c) Shall not occupy an area designated for parking, loading, walkways, driveways, fire lanes, and other areas required to remain unobstructed.

(3) Changeable Messaging Signs.

(a) Allowance. Permanent signs with changeable messaging are permitted in accordance with this subsection. Except as specified otherwise by this chapter or as may be permitted by the Director to allow for traffic control or public service announcements, temporary and mobile signs with changeable messaging are prohibited.

(b) Maximum Number.

(i) If the sign uses electrical or electronic methods for changing messaging, no more than one such sign with changeable messaging is permitted per site. This limitation includes sites with multiple buildings and/or multiple tenants.

(ii) If the sign uses manual methods for changing messaging, it shall not be subject to the limitation in subsection (3)(b)(i) of this section.

(c) Digital Displays. When electrical or electronic methods for changing messages are incorporated into a sign, the digital display of such signs shall not exceed 50 percent of the sign area of the sign, or 32 square feet, whichever is less. Digital displays must be incorporated into the structure of the sign and are prohibited from being standalone components of a sign. See Figure 21.44.060(3)(c).

Figure 21.44.060(3)(c): Digital Display Requirements

(i) Measuring Sign Face. If a digital display is incorporated into a building sign, the entire surface area of the digital display shall be included in the measurement of the sign face.

(ii) Glare Control. The control of glare from such signs shall be pursuant to WMC 21.44.050(8).

(iii) Message Duration. The length of time each message may be displayed is based upon the visibility and speed limit unique to the individual signs and nearby road conditions. The following method should be used to calculate message duration:

(A) Determine the greatest distance from which the sign becomes visible on the road the sign is primarily intended to serve and if the sign is intended to be seen by more than one roadway, the road with the lower posted speed limit shall be used for determining message duration;

(B) Multiply the road’s posted speed limit by 5,280 and then divide by 3,600 to obtain the speed limit in feet per second;

(C) Divide the visibility distance by the speed limit in feet per second;

(D) Add an additional 10 percent of this number to the total; and

(E) The resulting amount of time is the minimum permitted message duration; provided, that the minimum message duration shall be no less than eight seconds.

(4) Window Signs. The following applies to permanent and limited duration window signs:

(a) Window signs shall not exceed 20 percent of the transparent/translucent area of the window;

(b) Window incidental type signs displaying pertinent business operational information such as the business hours of operation and credit card acceptance shall be excluded from the area calculations for window signs, provided the sign faces of such incidental signs do not exceed two square feet;

(c) Window signs are additional to other signage permitted by this chapter and are exempt from the requirement to obtain a permit under this chapter.

(5) Awning Signs.

(a) An awning without lettering or other advertising shall not be regulated as a sign.

(b) Awning signs must be centered within or over architectural elements such as windows or doors.

(c) If multiple awning signs are mounted on a multi-tenant building, all awning signs shall be similar in terms of height, projection, and style across the building facade upon which they are affixed.

(6) Marquee Signs.

(a) Such signs are allowed only above the principal public entrance of a building along a building facade facing a street or parking lot.

(b) No marquee structure shall be wider than the entrance it serves, plus four feet on each side thereof.

(c) No marquee shall extend closer to the inner edge of a road curb than three feet.

(d) The lowest edge of the marquee sign shall be at least 10 feet above the finished grade directly below.

(7) Street Pole Banner Signs. Street pole banners are allowed in accordance with this subsection and are excluded from the determination of the number and area of signs allowed elsewhere by this chapter.

(a) Street pole banner signs are permitted only in the Central Business District and Tourist Business zones at locations approved by the Director, except the Director may approve street pole banners in other nonresidential zones, provided the street pole banner signs promote nonprofit and/or City-sponsored events.

(b) Illumination of street pole banner signs is prohibited.

(c) Each street pole banner sign shall have a maximum sign area of 12.5 square feet and a maximum width of three feet.

(d) Up to two street pole banner signs are permitted per street pole.

(e) Minimum Height.

(i) If the street pole banner’s edge is less than 18 inches from a street curb, the lowest edge of the street pole banner shall be at least 18 feet above the ground grade below.

(ii) If the street pole banner’s edge is 18 inches or greater from a street curb, the lowest edge of the street pole banner shall be at least 14 feet above the ground grade below.

(f) Placement.

(i) No street pole banner shall extend beyond the curbline of a street.

(ii) Street pole banners shall maintain a minimum of three-foot vertical clearance below any luminaries located on the pole measured from where the ballasts connect to the poles.

(iii) Street pole banners shall not interfere with the visibility of traffic signals or signs.

(iv) No street pole banner shall be located on a pole that has traffic or pedestrian control signals. (Ord. 766 § 10 (Att. A), 2024)

Permanent commercial and noncommercial building and freestanding signs are permitted in accordance with the corresponding development standards of the zone where the sign is placed. These standards apply in combination with other provisions of this chapter. Signs may also be subject to additional requirements set forth in the commercial and industrial design standards set forth in Chapters 21.33 and 21.34 WMC.

(1) Residential Zones. Table 21.44.070(1) sets forth the development standards for all permanent building and freestanding signs in the R-1 through R-48 zones.

(2) Nonresidential Zones. Table 21.44.070(2) sets forth the development standards for all permanent building and freestanding signs in the NB, TB, CBD, GB, O, T/I, and I zones.

(3) Other Zones. Table 21.44.070(3) sets forth the development standards for all permanent building and freestanding signs in the P/I and P zones.

(Ord. 766 § 10 (Att. A), 2024)

Where the tables in WMC 21.44.070 reference an allowance for increasing the size of permanent signs, the larger sign development standards in Table 21.44.080 may apply; provided, that the corresponding conditions in the table are satisfied.

(Ord. 766 § 10 (Att. A), 2024)

(1) General Provisions.

(a) Limited duration signs are permitted in accordance with the applicable table in this section and the corresponding development standards in the zone where the sign is placed.

(b) Premises may have a cumulative of commercial and noncommercial limited duration signs as specified for each under the applicable tables and corresponding table columns.

(c) The development standards in this section apply in combination with other applicable provisions of this chapter, except as specified otherwise by this section.

(2) Portable Signs. Table 21.44.090(2) sets forth the development standards applicable to portable signs. Portable signs that comply with Table 21.44.090(2) are excluded from the determination of the number and area of signs allowed elsewhere by this chapter.

(3) Other Limited Duration Signs. Tables 21.44.090(3)(a) and 21.44.090(3)(b) set forth the development standards applicable to commercial and noncommercial limited duration signs, excluding portable signs and street pole banner signs (street pole banner signs are permitted pursuant to WMC 21.44.060(7)). Limited duration signs that comply with Tables 21.44.090(3)(a) and 21.44.090(3)(b) are excluded from the determination of numbers and area of signs set forth elsewhere by this chapter.

(a) Table 21.44.090(3)(a) sets forth the development standards applied to commercial limited duration signs.

(b) Table 21.44.090(3)(b) sets forth the development standards applied to noncommercial limited duration signs.

(4) Real Estate, Yard Sales, and Construction Signs. Table 21.44.090(4) sets forth the development standards applicable to real estate, yard sales, and construction signs. Such signs complying with Table 21.44.090(4) are excluded from the determination of numbers and area of signs set forth elsewhere by this chapter including those limited duration signs set forth in subsections (2) and (3) of this section. Real estate, yard sales, and construction signs may be portable or in the form of other types of limited duration signs.

(Ord. 766 § 10 (Att. A), 2024)

(1) Intent. Wayfinding signs are a system of signs grouped together that direct people through a place. The intent of this section is to allow a complementary system of permanent private wayfinding signs managed by nongovernmental entities that help people orient and find areas of interest and localized establishments more easily.

(2) Applicability. Permanent private wayfinding signs may be approved by the Director, provided such signs: (a) must comply with this section; (b) are excluded from the determination of the number and area of signs allowed; and (c) must comply with all other requirements of this chapter.

(3) Development Conditions.

(a) Private wayfinding signs are permitted only within an approved designated area established in accordance with the following:

(i) The designated area must comprise of an identifiable neighborhood district or development campus having at least four nonresidential tenant spaces and a minimum of two acres of land;

(ii) The designated area must be managed by a unifying entity (e.g., homeowners’ association, property management company, single ownership, etc.);

(iii) The placement of signs must be in accordance with an approved signage plan pursuant to subsection (4) of this section;

(iv) Both the boundaries of the designated area and the private wayfinding signage plan must obtain approval from the Director; and

(v) Designated areas shall not be divided into subareas for purposes of allowing more private wayfinding signage than set forth in subsection (3)(c)(iii) of this section.

(b) Private wayfinding signs may include maps and directories, and directional and arrow signs and similar information that helps direct people. Such signs may include the name and symbols of the district/campus and individual establishments within the designated area only. Advertising goods and services on wayfinding signs is prohibited.

(c) Signage Design Standards. The following standards apply to private wayfinding signs:

(i) All signs must display a unifying theme including color and font;

(ii) Signs should be placed at points within the designated area having high traffic visibility and clear decision points;

(iii) The quantity and size of signs must comply with the following:

(A) One large sign may be allowed not exceeding 75 square feet of sign area for every full two acres within the designated area; not to exceed a total of three large signs within the designated area; and

(B) In addition to the large sign(s) allowed in subsection (3)(c)(iii)(A) of this section, smaller private wayfinding signs may be allowed, provided the total sign area/sign face of all such signs do not exceed 50 square feet within a 100-foot radius circle around each smaller sign (see Figure 21.44.100); and

(iv) Illumination is permitted consistent with WMC 21.44.050(8)(b) and (8)(c);

(v) Landscaping is required pursuant to WMC 21.44.050(7), except any private wayfinding sign primarily intended to be read by people in close proximity to the sign (e.g., five feet or less), or by Braille. The Director may approve reductions to the landscaped area but only to the extent necessary to allow people to approach and read/touch the sign.

Figure 21.44.100: Calculating Total Sign Area/Sign Face for Smaller Private Wayfinding Signs

(4) Applicants wishing to install private wayfinding signs under this section are required to obtain approval of a wayfinding signage plan pursuant to WMC 21.82.070. The application for the private wayfinding signage plan must include the following:

(a) A completed application form;

(b) Owner authorization form identifying the person representing the property owner’s interest;

(c) Information on the entity responsible for managing the wayfinding signage;

(d) A narrative outlining how the wayfinding signage plan will be managed, including maintenance and changes in the individual establishments;

(e) A site plan drawing containing at a minimum the following:

(i) A layout of the subject area including boundaries, buildings, roads, walkways, etc.;

(ii) The location and types of all proposed wayfinding signs;

(iii) The size and height of the wayfinding signs;

(iv) Information on design, materials, and illumination; and

(v) If wayfinding signs are proposed within public rights-of-way, a proposed agreement with the City for maintaining and removal of the signs; and

(f) Other information as required by the Director to determine compliance with this chapter. (Ord. 766 § 10 (Att. A), 2024)

It shall be the responsibility of the owner of any property upon which an abandoned sign is located to remove such sign within 90 days of the sign becoming abandoned as defined in this title. Removal of an abandoned sign shall include the removal of the entire sign including the sign structure and the support structure. See WMC 21.14.070 for provisions applicable to nonconforming signs that are not abandoned. (Ord. 766 § 10 (Att. A), 2024)

The purpose of this chapter is to establish design, permitting, and placement standards for wireless service facilities that:

(1) Provide adequate wireless communication coverage to the residents of the City, the traveling public, and others within the City’s jurisdiction;

(2) Protect property values and promote tourism through protection of scenic vistas of mountains, tree-covered hillsides, and the valley floor;

(3) Provide adequate sites for locating wireless facilities;

(4) Encourage optimal collocation and sharing of new and existing facilities;

(5) Establish development standards for wireless facilities that are least intrusive and consider the scale (height and mass), proximity to each other, and the informal landscaping that contribute to the distinctive setting of the community;

(6) Maximize the use of any support structure and existing suitable structures and buildings in order to reduce the need to construct or install new support structures; and

(7) Facilitate the use of public property and structures for wireless communication facilities to reduce impacts of such facilities upon residential and other properties; and

(8) Protect the public health, safety and welfare. (Ord. 737 § 2 (Att. A), 2022)

Consistent with the Federal Telecommunication Act (FTA), the City shall not unreasonably discriminate among providers of functionally equivalent services. (Ord. 737 § 2 (Att. A), 2022)

This chapter applies to all new and expansion and/or alteration of wireless service facilities located within the boundaries of the City, except for the following:

(1) Those communication facilities used for the primary purpose of public safety by a public agency, such as police, fire and 911 communication systems;

(2) Wireless radio utilized for emergency communications in the event of a disaster and those authorized by a temporary use permit pursuant to WMC 21.23.090;

(3) Antennas designed to receive television broadcast signals;

(4) Antennas for receiving and sending signals associated with amateur radio devices or HAM radios, provided:

(a) The height of the antenna, including any tower, does not exceed the maximum zoning height applicable to the property;

(b) The radio is owned and operated by a Federally licensed amateur radio station operator, or is used exclusively for “receive only” antenna;

(c) Towers must be placed a distance from property lines of neighbors equal to, or greater than, the height of the tower, excluding the antenna;

(d) No lights of any kind shall be attached to, and no direct or indirect means of artificial illumination shall be employed on, the antenna or tower;

(e) The tower shall not be used for commercial purposes, except as might be allowed by the zoning; and

(f) Towers must meet all applicable State and Federal statutes, rules and regulations, including obtaining a building permit if required.

(5) Antennas one meter or less in diameter or diagonal measurement, which is designed to receive direct broadcast satellite services, including direct-to-home satellite services;

(6) Antennas one meter or less in diameter or diagonal measurement, which is designed to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services; and

(7) Routine maintenance, repair, and replacement of wireless service facilities that do not qualify as a substantial change as defined in WMC 21.45.140. (Ord. 737 § 2 (Att. A), 2022)

Table 21.45.040 sets forth whether a specific type of wireless service facility is allowed in a zone and the zoning permit required.

(Ord. 737 § 2 (Att. A), 2022)

(1) Lattice and guyed wire towers shall not be permitted in any zoning district.

(2) Commercial advertising including billboards and business identification signs may not be used as alternative antenna support structures.

(3) Construction and/or installation of towers is prohibited within the Tourist Business zone and the Tourist Industrial zone. (Ord. 737 § 2 (Att. A), 2022)

(1) General.

(a) All portions of the wireless service facility shall be the minimum necessary to support the operation of the facility as certified by a licensed engineer.

(b) Where multiple facilities are proposed to be located in close proximity on the same site, the Director may require support equipment to be housed in one equipment housing structure.

(c) Where wireless service facilities are mounted to utility pole support structures located within public rights-of-way, the minimum distance separating facilities shall be 500 feet unless the applicant can demonstrate by engineering analysis that a lesser distance is warranted to avoid a significant gap in services for the service provider.

(d) The maximum height of a tower type of support structure is 120 feet measured from the existing grade to the top of the structure including antennas.

(e) The underlying zoning setbacks shall apply to wireless communication facilities.

(f) Utility pole support structures may be raised by up to 30 feet when vertical separation between multiple facilities mounted on the same pole is necessary, provided the increase in height is the minimum necessary.

(g) No more than one wireless service facility is allowed on any single sports field light pole.

(2) Antennas.

(a) Antenna arrays shall either be flush mounted within 12 inches of the support structure, or within 12 inches of the face of the building where it is attached;

(b) For building-mounted wireless service facilities, antennas and any concealment structures surrounding the antennas may be mounted on the roof of a building if the building satisfies the design standards applicable to the zone. The height of the antenna and any concealment structure may exceed the applicable maximum zoning height by not more than 18 feet.

(c) Antennas mounted on top of utility pole support structures shall not extend outside of the circumference of the pole as measured at the base; except:

(i) Antennas placed inside of a shroud may extend outside the circumference of the pole provided the diameter of the shroud does not exceed 1.25 multiplied by the diameter of the pole as measured at the base; or

(ii) Omnidirectional antennas not exceeding four inches in width with a volume of 905 cubic inches or less each may be mounted on a single cross arm attached to the pole, provided each antenna is separated from the nearest antenna by a horizontal airspace distance of at least three times the width of the larger antenna.

(d) Antennas mounted on the side of utility pole support structures shall:

(i) Not have the furthest point of any antenna (including mounting brackets) extend more than one foot outside of the circumference of the pole measured at the point of attachment, except:

(ii) Omnidirectional antennas may be mounted on a cross arm subject to the limitations set forth in subsection (2)(c)(ii) of this section.

(3) Landscaping and Screening. Tower type support structures and equipment enclosures shall be screened at the ground level from public ways and nearby properties with a minimum 10-foot-wide Type 1 landscaping in accordance with WMC 21.36.060.

(4) Equipment Enclosures Mounted on Utility Pole Support Structures. Up to two small equipment housing structures containing ancillary facilities may be mounted to the outside of a support structure, provided:

(a) It is not technically or economically feasible to locate ancillary facilities within the interior of the support structure;

(b) Each equipment housing structure shall not exceed five cubic feet in volume, nor protrude more than 18 inches as measured perpendicular from the tangent point or surface where the equipment housing structure attaches to the support structure; and

(c) A minimum clearance of 10 feet is maintained between the bottom of the equipment housing structure and the ground or sidewalk below.

(5) To the maximum extent feasible, additional equipment shall maintain the appearance intended by the original facility, including, but not limited to, color, screening, landscaping, mounting configuration, or architectural treatment. (Ord. 737 § 2 (Att. A), 2022)

(1) For building-mounted installations the following concealment techniques must be applied:

(a) Screening materials matching color, size, proportion, style, and quality with the exterior design and architectural character of the structure and the surrounding visual environment;

(b) Equipment enclosures, except conduits or cabling for power and/or data, must be concealed by locating the equipment inside an existing nonresidential building, or in an equipment enclosure structure, or underground;

(c) Other techniques that prevent the facility from visually dominating the surrounding area.

(2) For tower-type support structure-mounted installations, such as monopoles and similar tower-type structures, the following concealment techniques must be applied:

(a) All components associated with the wireless communication facility mounted on the exterior side of the structure shall be painted to match the predominant color of the support structure;

(b) The support structure shall be painted in a nonreflective color that matches the predominate visual background and/or adjacent architecture so as to visually blend in with the surrounding development;

(c) Equipment enclosures, except for conduits or cabling for power and/or data, must be concealed by locating the equipment inside an existing nonresidential building, or in an equipment housing structure, or underground;

(d) Other techniques that prevent the facility from visually dominating the surrounding area.

(3) For utility pole support structure installations, the following concealment techniques must be applied:

(a) Except for antennas mounted on top of a pole, all components associated with the wireless communication facility mounted on the exterior of the pole shall be painted to match the predominant color of the pole or utility attachments to the pole;

(b) Antennas mounted on top of the pole may be painted to match the pole, or may be painted to blend into the background;

(c) Equipment enclosures, except conduits or cabling for power and/or voice, video, or data lines, must be concealed by locating the equipment inside an existing nonresidential building, or in an equipment housing structure, or underground; and

(d) Other techniques that prevent the facility from visually dominating the surrounding area.

(4) Prefabricated concrete and metal structures for equipment enclosures are not permitted unless treated with a facade giving the appearance of masonry or wood siding. (Ord. 737 § 2 (Att. A), 2022)

(1) The wireless service facility shall comply with Federal standards for radio frequency emissions. As a condition of approving a wireless service facility, the City may require monitoring reports showing compliance.

(2) The applicant shall be responsible to ensure that the wireless service facility does not interfere with the reception of area television or radio broadcasts. If evidence is found that the wireless service facility is interfering with such reception, upon receiving written notice from the City, the applicant shall have 60 days to correct the problem, or the City may revoke or modify authorization for the wireless service facility. (Ord. 737 § 2 (Att. A), 2022)

If a security barrier is installed that includes a fence, wall or similar freestanding structure, the following shall apply:

(1) The height of the structure shall not exceed six feet measured from the point of existing or finished grade, whichever is lower, at the exterior side of the structure to the highest point of the structure.

(2) A sight-obscuring vegetated landscaped barrier shall be installed and maintained to screen the structure and facilities from adjoining properties and City rights-of-way.

(a) Placement of landscape vegetation shall include areas outside of the barrier and shall obscure the site within 12 months.

(b) Landscaping and the design of the barrier shall be compatible with other nearby landscaping, fencing and freestanding walls.

(3) If a chainlinked fence is used, it shall be painted or coated with a nonreflective color. (Ord. 737 § 2 (Att. A), 2022)

(1) The owner of an antenna support structure shall, to the extent commercially and technically reasonable, cooperate in good faith with other wireless service providers in making the support structure available for collocation of additional wireless services facilities.

(2) Collocation of wireless service antennas and equipment to an existing wireless service facility, and which involves substantial changes pursuant to WMC 21.45.140, shall require obtaining a new zoning permit as prescribed for the type of support structure in WMC 21.45.040. (Ord. 737 § 2 (Att. A), 2022)

Except as specifically required by Federal Aviation Administration (FAA) or FCC regulations, antenna support structures shall not be illuminated. However, equipment enclosures may be illuminated for security reasons when compatible with the surrounding neighborhood. (Ord. 737 § 2 (Att. A), 2022)

(1) WMC 21.45.040 sets forth the zoning permit requirements for new wireless service facilities and existing wireless service facilities involving substantial change as set forth in WMC 21.45.140.

(2) Zoning permits are not required for modifications to existing wireless service facilities exempt pursuant to WMC 21.45.030. (Ord. 737 § 2 (Att. A), 2022)

In addition to other submittal requirements prescribed by code, all applications for wireless service facilities shall include the following information in the number of copies prescribed by the Director:

(1) A copy of the Federal Communications Commission license and any other applicable licenses applicable to the intended use of the wireless service facilities.

(2) A complete description of the proposed facility, including preliminary or conceptual drawings showing dimensions and other relevant information in which to evaluate the facility’s compliance with this chapter. All plans shall include the maximum build-out of the proposed facility as anticipated by the applicant at the time of the application.

(3) A site and landscaping plan showing:

(a) The location of all existing and proposed wireless service facilities on the site;

(b) Existing structures, trees and other significant site features;

(c) Information on the proposed landscape planting; and

(d) Information on the proposed concealment that will be employed.

(4) Documentation demonstrating compliance with nonionizing electromagnetic radiation (NIER) emissions standards adopted by the Federal Communications Commission.

(5) Documentation showing that the proposed facility will not cause interference with other wireless communication facilities and telecommunication devices.

(6) Signed statements that the owner/operator agrees to remove the wireless service facility within 90 days after that site’s use is discontinued.

(7) A lease agreement with the landholder, or franchise agreement if in a right-of-way, that:

(a) Allows the landholder to enter into leases with other providers; and

(b) Specifies that if the applicant fails to remove the facility upon 90 days of its discontinued use, the responsibility for removal falls upon the landholder. (Ord. 737 § 2 (Att. A), 2022)

A substantial change to an existing wireless services facility is a modification to the physical dimensions of an eligible support structure if the modification meets any one of the following criteria:

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

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

(3) For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure;

(4) It entails any excavation or deployment outside the current site defined as the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site;

(5) It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified above. (Ord. 737 § 2 (Att. A), 2022)

The owner and/or operator of all wireless service facilities shall maintain their facilities in a good and safe condition and in a manner which complies with all applicable Federal, State, and local requirements. If the owner and/or operator fails to maintain the facilities, the City may undertake the maintenance at the expense of the owner and/or operator or may revoke any permits pursuant to Chapter 21.12 WMC. (Ord. 737 § 2 (Att. A), 2022)

Any wireless services facility that is unused for more than 90 consecutive days is hereby declared abandoned. Abandoned facilities shall be removed no later than 90 days from the date of abandonment. Failure to remove an abandoned facility is declared a public nuisance and is subject to abatement actions and penalties set forth in Chapters 1.06 and 8.07 WMC. In the event that more than one wireless service provider is using the antenna support structure, the antenna support structure shall not be considered abandoned until all such users cease using the structure as provided in this section. (Ord. 737 § 2 (Att. A), 2022)

(1) No signs except as allowed by this section shall be erected or installed with any wireless service facilities. This section applies independently from sign regulations applicable to other uses on a site having a wireless services facility.

(2) Up to four warning and/or security signs not to exceed 12 inches by 18 inches in size for each sign are permitted for wireless services facilities. Such signs may include emergency contact information and relevant information identifying the wireless service facility. If the facility has more than one service provider, one additional sign for each service provider satisfying the requirements of this section may be permitted. (Ord. 737 § 2 (Att. A), 2022)

(1) Except as modified by this section, all other requirements set forth in this chapter shall apply to small cell wireless.

(2) Small cell wireless is allowed in all zoning districts.

(3) Small cell wireless and distributed antenna systems involving small cells are subject to an administrative Type 1 decision review, unless their installation requires the construction of new support structures or installation of new or replacement utility pole support structures in which case the requirements set forth in WMC 21.45.040 apply.

(4) Multiple Site Small Cell Wireless.

(a) A single permit may be used for multiple distributed antennas that are part of a larger overall distributed antenna system using small cell wireless;

(b) A single permit may be used for multiple small cells spaced to provide wireless coverage in a contiguous area. (Ord. 737 § 2 (Att. A), 2022)

This chapter is established to regulate the siting of essential public facilities pursuant to RCW 36.70A.200. (Ord. 737 § 2 (Att. A), 2022)

(1) This chapter implements requirements under the Growth Management Act and the Woodinville Comprehensive Plan to establish a process for the siting and expansion of essential public facilities as necessary to support orderly growth and delivery of public services.

(2) The purpose of this chapter is to promulgate regulations that ensure the timely, efficient and appropriate siting of essential public facilities while simultaneously acknowledging and mitigating the significant community impacts often created by such facilities.

(3) Nothing in this chapter should be construed as an attempt to preclude the siting of essential public facilities in contravention of applicable State law. (Ord. 737 § 2 (Att. A), 2022)

Essential public facilities include those facilities that are typically difficult to site, such as airports, State education facilities and State or regional transportation facilities as defined in RCW 47.06.140, regional transit authority facilities as defined in RCW 81.112.020, State and local correctional facilities, solid waste handling facilities, and inpatient facilities including substance abuse facilities, mental health facilities, group homes, and secure community transition facilities as defined in RCW 71.09.020. The City currently hosts or borders the following essential public facilities:

(1) The Brightwater regional wastewater treatment facility;

(2) The Cascade recycling facility;

(3) The Sound Transit/Metro park and ride facility;

(4) The Olympic pipeline system;

(5) Burlington Northern Santa Fe Railroad corridor;

(6) State Route 522; and

(7) State Route 202. (Ord. 737 § 2 (Att. A), 2022)

(1) Approval of a special use permit pursuant to Chapter 21.80 WMC and WMC 21.84.070 is required before any local essential public facility may be located or expanded, regardless of the zone in which such facility is or is proposed to be located.

(2) In addition to the approval criteria set forth in WMC 21.84.070(4), a local essential public facility shall be approved if the following conditions are satisfied:

(a) The project sponsor has demonstrated a need for the project, as supported by a detailed written analysis of the projected service population, an inventory of existing and planned comparable facilities, and the projected demand for the type of facility proposed;

(b) The project sponsor has reasonably investigated alternative sites, as evidenced by a detailed explanation of site selection methodology, and as verified by the City and reviewed by any relevant associated jurisdictions and agencies;

(c) Necessary infrastructure is or will be made available to ensure safe transportation access and transportation concurrency to the extent required by applicable State and City regulations;

(d) Necessary infrastructure is or will be made available to ensure that public safety responders have capacity to handle increased calls or expenses that will occur as the result of the facility;

(e) The facility will not unreasonably increase noise levels in residential areas, especially at night;

(f) Visual screening will be provided that will mitigate the facility’s visual impacts from streets and adjoining properties;

(g) The facility is not located in any residential zoning district, except to the extent provided herein;

(h) The facility meets all provisions of this title for development within the underlying zoning district, except to the limited extent provided in this subsection. If a local essential public facility does not meet all such provisions, the applicant must demonstrate that compliance with such provisions would preclude the siting of all similar facilities anywhere within the City;

(i) The project sponsor’s public participation plan has allowed for public participation in the siting decision and with respect to appropriate mitigation measures;

(j) The project will not result in an unnecessarily disproportionate burden of essential public facilities on a particular geographic area of the City; and

(k) Any and all probable significant adverse environmental impacts are adequately mitigated.

(3) The decision criteria set forth in this section shall not be applied in such a manner as to preclude the siting or expansion of local essential public facilities in the City. In the event that a local essential public facility cannot, by the imposition of reasonable conditions, satisfy the decision criteria set forth in this section with respect to the applicant’s preferred site, the decision authority shall either:

(a) Deny the special use permit with respect to the requested site, and require the local essential public facility to be located on one of the investigated alternative sites, if the proposal can be reasonably conditioned to meet the decision criteria at the alternative site; or

(b) Approve the siting or expansion of the local essential public facility at the requested site with such reasonable conditions of approval as may be imposed to mitigate the impacts of the proposal to the maximum extent practicable, if there is no reasonable alternative site on which the decision criteria can be met. (Ord. 737 § 2 (Att. A), 2022)

(1) Approval of a special use permit pursuant to Chapter 21.80 WMC and WMC 21.84.070 is required before any State or regional essential public facility may be located or expanded, regardless of the zone in which such facility is or is proposed to be located.

(2) In addition to the approval criteria set forth in WMC 21.84.070(4), a State or regional essential public facility shall be approved if the following conditions are satisfied:

(a) Necessary infrastructure is or will be made available to ensure safe transportation access and transportation concurrency;

(b) Necessary infrastructure is or will be made available to ensure that public safety responders have sufficient capacity to handle increased calls or expenses that will occur as the result of the facility;

(c) All capital costs associated with on-site and off-site improvements necessitated by the facility are borne by the project sponsor to the extent legally permissible;

(d) The facility will not unreasonably increase noise levels in residential areas, especially at night;

(e) Visual screening will be provided that will mitigate the visual impacts from streets and adjoining properties;

(f) Any and all probable significant adverse environmental impacts, including but not limited to impacts to wetlands, shorelines and wildlife habitat, are adequately mitigated;

(g) Any other applicable criteria set forth in this title are satisfied; and

(h) The public health, safety and welfare are adequately protected.

(3) The decision criteria set forth in this section shall not be applied in such a manner as to preclude the siting or expansion of a State or regional essential public facility in the City. In the event that a State or regional essential public facility cannot satisfy the criteria set forth in this section, the Decision Authority shall approve the siting or expansion of the State or regional essential public facility with such reasonable conditions as may mitigate such impacts to the maximum extent practicable. The Decision Authority cannot impose conditions in such a manner as to preclude the siting or expansion of any State or regional essential public facility in the City. (Ord. 737 § 2 (Att. A), 2022)

The Decision Authority may apply reasonable conditions as necessary to ensure that a proposed essential public facility does not unreasonably impact public health, safety, welfare or the environment. Such conditions may include, but are not limited to, the following:

(1) Limiting the manner in which the use is conducted such as restricting the time during which an activity may occur, and restraints to minimize the effects of noise, vibration, air pollution, glare, and odor;

(2) Limiting the height, size or location of buildings or structures;

(3) Increasing setbacks, open space, or landscape screening;

(4) Limiting the location and intensity of outdoor lighting, and/or requiring shielding thereof; and

(5) Imposing special conditions to reasonably ensure the use’s conformance with the surrounding neighborhood and the intent and purpose of the underlying zoning district;

(6) Other reasonable measures necessary to mitigate impacts caused by the proposed use. (Ord. 737 § 2 (Att. A), 2022)

Prior to submitting a special use permit application, a sponsor of an essential public facility is encouraged to schedule a pre-application meeting pursuant to WMC 21.80.060 to provide the City information about potential sites and to discuss possible siting incentives and mitigation measures. (Ord. 737 § 2 (Att. A), 2022)

The special use permit application process shall include a public participation plan designed to encourage early public involvement in the siting decision and to assist in determining possible mitigation measures. Informational public meetings within the City shall be scheduled pursuant to this process, the number of which shall be determined by the Director based upon consideration of the size, complexity, and estimated impacts of the proposed facility. The Director shall determine the format and location(s) for the meetings and shall require that public notice and meeting summaries acceptable to the City shall be either prepared or funded by the essential public facilities sponsor. (Ord. 737 § 2 (Att. A), 2022)

The Director may require the sponsor of a proposed essential public facility to provide an advance deposit with the City to pay the reasonable cost of legal and/or independent consultant review of the proposed essential public facilities. Said advanced deposit and payment of costs shall be separate from and in addition to any other required fee. The advanced deposit shall be set at a level reasonably consistent with the anticipated cost of review based on the size, complexity and estimated impacts of the proposal, as determined by the Director. The Director may require the sponsor to periodically supplement the advanced deposit to the extent necessary to ensure payment of the review. Any unexpended funds shall be returned to the applicant following the final decision on the underlying special use permit application. (Ord. 737 § 2 (Att. A), 2022)

(1) The siting of secure community transition facilities as defined by RCW 71.09.020 shall be governed by the applicable provisions of Chapter 71.09 RCW and this section.

(2) The Decision Authority may impose reasonable conditions upon the granting of a special use permit for a secure community transition facility, pursuant to applicable provisions of the Woodinville Municipal Code; provided, that with respect to the subject matters specifically addressed in RCW 71.09.285 through 71.09.340, the Decision Authority shall not impose any condition more restrictive than the requirements specifically addressed by those sections. This subsection shall not be construed as limiting any authority the Decision Authority may have to impose conditions of a type that are not specifically addressed by RCW 71.09.285 through 71.09.340. The State Department of Social and Health Services (DSHS) may voluntarily impose conditions upon its proposal that would be more restrictive than the requirements of RCW 71.09.285 through 71.09.340.

(3) The City hereby acknowledges and adopts the siting policy guidelines developed by DSHS pursuant to RCW 71.09.285 and 71.09.290 and such guidelines must be satisfied in deciding an application for a secure community transition facility.

(4) With respect to the siting of secure community transition facilities, nothing in this section shall be construed to be a regulation more restrictive than the minimum requirements (RCW 71.09.285 through 71.09.340). The Decision Authority may ignore any regulation herein that is determined to be more restrictive than the minimum requirements. (Ord. 737 § 2 (Att. A), 2022)

The purpose of this chapter is to:

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

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

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

(4) Protect and enhance the Woodinville tourist industry by promoting heritage-related tourism;

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

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

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

(8) Work cooperatively with other jurisdictions to identify, evaluate, and protect historic resources in furtherance of the purposes of this chapter. (Ord. 737 § 2 (Att. A), 2022)

The following sites have been designated as Woodinville historical landmarks:

(1) Hollywood School House at 14810 NE 145th Street;

(2) Hollywood Farms at 14111 NE 145th Street;

(3) DeYoung House at 14121 NE 171st Street;

(4) Woodinville School House at 17301 133rd Avenue NE; and

(5) Additional sites may be added to this list consistent with this chapter. (Ord. 737 § 2 (Att. A), 2022)

(1) The King County Landmarks and Heritage Commission established pursuant to Chapter 20.62 of the King County Code is hereby designated and empowered to act as the Landmarks Commission for the City of Woodinville pursuant to the provisions of this chapter and the interlocal agreement (April 2000) between the City and King County for historical landmark designation and protection services.

(2) The special member of the King County Landmarks and Heritage Commission provided for in Section 20.62.030 of the King County Code shall be appointed by the Mayor of Woodinville subject to confirmation by the Woodinville City Council.

(a) The special member shall have a demonstrated interest and competence in historic preservation.

(b) Appointment shall be for a three-year term and with a special member serving until a successor is duly appointed and confirmed.

(c) In the event of a vacancy, an appointment shall be made to fill the vacancy in the same manner and with the same qualifications as if at the beginning of the term, and the person appointed to fill the vacancy shall hold the position for the remainder of the unexpired term.

(d) The special member may be reappointed but may not serve more than two consecutive three-year terms. A special member shall be deemed to have served one full term if the special member resigns at any time after appointment or if the special member serves more than two years of an unexpired term.

(e) The special member shall serve without compensation except for out-of-pocket expenses incurred in connection with commission meetings or programs. The City shall reimburse such expenses incurred by the special member. (Ord. 737 § 2 (Att. A), 2022)

The following sections of Chapter 20.62 of the King County Code are adopted which are incorporated by reference herein and made a part of this chapter:

(1) KCC 20.62.020 – Definitions, except subsection (H) is changed to read: “‘Director’ is the City Manager per Chapter 2.09 WMC, or a person appointed by the City Manager, to administer this chapter.”

(2) KCC 20.62.040 – Designation criteria, except all references to “King County” are changed to read “Woodinville.”

(3) KCC 20.62.050 – Nomination procedure.

(4) KCC 20.62.070 – Designation procedure, except all references to “King County” are changed to read “Woodinville.”

(5) KCC 20.62.080 – Certificate of appropriateness procedure, except the last sentence of paragraph A thereof.

(6) KCC 20.62.100 – Evaluation of economic impact.

(7) KCC 20.62.110 – Appeal procedure.

(8) KCC 20.62.130 – Penalty for violation of Section 20.62.080.

(9) KCC 20.62.140 – Special valuation for historic properties.

(10) KCC 20.62.150 – Historic resources – Review process, except all sections but the final sentence of subsection (B)(4) and the entirety of subsection (C) thereof. (Ord. 737 § 2 (Att. A), 2022)

The official responsible for the issuance of building and related permits shall promptly refer applications for permits which affect historic buildings, structures, objects, sites, districts, or archaeological sites to the King County Historic Preservation Officer (HPO) for review and comment. For the purposes of this section, “affect” shall be defined as an application for change to the actual structure, on a property with a landmark structure or designated as a landmark property, or on an adjacent property sharing a common boundary line. The responsible official shall seek and take into consideration the comments of the HPO regarding mitigation of any adverse effects affecting historic buildings, structures, objects, sites, or districts. (Ord. 737 § 2 (Att. A), 2022)

To ensure that significant features of the property containing historical landmarks are protected, the following standards shall apply to conversion of historic buildings:

(1) Gross floor area of building additions or new buildings required for the conversion shall not exceed 20 percent of the gross floor area of the historic building, unless a larger floor area is specifically authorized by the zone;

(2) Conversion to multifamily units shall comply with the underlying zoning residential density or residential floor area ratio as applicable; and

(3) Any construction required for the conversion shall require certification of appropriateness from the King County Landmarks Commission. (Ord. 737 § 2 (Att. A), 2022)

(1) It is the purpose of this chapter to regulate adult entertainment establishments and related activities, including their patrons, to promote the health, safety, moral and general welfare of the City, and to establish reasonable and uniform regulations to prevent the deleterious location of adult entertainment establishments inside the City.

(2) It is not the intent of this chapter to impose limitations or restrictions on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent of this chapter to restrict or deny access by adults to sexually oriented materials protected by the State and Federal Constitutions, or to deny access by the distributors and exhibitors of sexually oriented material to their intended market.

(3) It is not the intent of the City that it should be the purpose or effect of this chapter to condone or legitimize the distribution of obscene materials. (Ord. 737 § 2 (Att. A), 2022)

Based upon a wide range of evidence presented to the Woodinville City Council and to other jurisdictions, including but not limited to the testimony of law enforcement officers and members of the public, and on other evidence, information, publications, articles, studies, documents, case law and material submitted to and reviewed and considered by the City Council and staff, the councils of other cities within the region and in other jurisdictions, nonprofit organizations and other legislative bodies, the City Council makes the following findings:

(1) Certain conduct occurring on premises offering adult entertainment creates secondary impacts that are detrimental to the public health, safety and general welfare of the citizens of the City, and therefore such conduct must be regulated as provided herein.

(2) Regulation of the adult entertainment business industry through permitting and/or licensing is necessary because, in the absence of such regulation, significant criminal activity has historically and regularly occurred.

(3) It is necessary to license entertainers in the sexually oriented industry to prevent the exploitation of minors; to ensure that each such entertainer is an adult; and to ensure that such entertainers have not assumed a false name, which would make regulation of the entertainer difficult or impossible.

(4) The evidence supporting the need to protect minors and families from the criminal and other unlawful activities associated with the operation of adult entertainment businesses is compelling. The provisions of this chapter are necessary to ensure that sexually oriented uses are conducted a reasonable distance away from places where minors regularly gather, often in large numbers.

(5) It is necessary to have a licensed manager on the premises of adult entertainment businesses at such times as such establishments are offering adult entertainment so there will, at all necessary times, be an individual responsible for the overall operation of the establishment, including the actions of patrons, entertainers and other employees.

(6) The license fees required herein are nominal fees imposed as necessary cost recoupment measures designed to help defray the substantial expenses incurred by the City in regulating the adult entertainment businesses, and in increased police costs in enforcement.

(7) Businesses providing adult entertainment are increasingly associated with ongoing prostitution, disruptive conduct and other criminal activity. Such businesses are currently not subject to effective regulation and constitute an immediate threat to the public peace, health and safety. The hours of operation of such businesses have a significant impact on the occurrence of illegal drug transactions, and other criminal activities.

(8) Due to the information presented regarding the connection of prostitution with adult entertainment businesses, there is concern over sexually transmitted diseases which is a legitimate health concern of the City and thus requires regulation of adult entertainment businesses in order to protect the health, safety and wellbeing of the public.

(9) Many cities, including Seattle and Tacoma, have experienced negative secondary impacts from adult entertainment business land uses. The skid row effect is one of these secondary impacts and is evident in certain parts of Seattle. Such an effect would be significantly magnified in Woodinville due to the difference in size and characteristics of the City.

(10) The City may rely on the experiences and studies of other cities, counties and organizations in assessing the need for regulation of adult entertainment business use, operations and licensing.

(11) The City takes notice of studies and experiences of other cities and counties in combating the specific adverse impacts of adult entertainment businesses.

(12) Regulation of adult entertainment businesses should be developed to prevent deterioration and/or degradation of the vitality of the community before the problem exists, rather than in response to an existing problem.

(13) Increased levels of criminal activities occur in the vicinity of adult entertainment businesses. Additionally, hidden ownership interests for the purpose of skimming profits, avoiding payment of taxes, and racketeering have historically occurred in adult entertainment businesses, in the absence of regulations.

(14) The City Council therefore finds that the protection and the preservation of the public health, safety and welfare requires establishment of this chapter.

(15) There are sufficient important and substantial government interests to provide a constitutional basis for reasonable regulation of time, place, and manner under which adult entertainment businesses can operate.

(16) It is not the intent of this chapter to unconstitutionally suppress any speech activities protected by the First Amendment of the United States Constitution or Article I, Section 5 of the Washington State Constitution, but to enact content neutral chapters which address the secondary effects of adult entertainment businesses, as well as the health problems associated with such businesses.

(17) In a family community, adult entertainment businesses are not uniformly compatible with community standards, as defined during the numerous public hearings.

(18) The law enforcement resources available for responding to problems associated with or created by adult entertainment businesses are limited and are best conserved by regulating and licensing adult entertainment businesses and those associated with them.

(19) To assure that all conditions, regulations, etc., are met, the City has established a reasonable time period for review of license applications. (Ord. 737 § 2 (Att. A), 2022)

For the purposes of this chapter, certain terms and words are defined as follows:

(1) “Adult entertainment business” means those businesses defined as follows:

(a) “Adult arcade” means an establishment containing any individual viewing areas or booths, where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image-producing machines are used to show films, motion pictures, video cassettes, slides, or other photographic reproduction of specified sexual activities or specified anatomical areas.

(b) “Adult bookstore,” “adult novelty store,” or “adult video store” means a commercial establishment which has 30 percent or more of its inventory or floor space used for the sale or rental, for any form of consideration, of any one or more of the following:

(i) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations or sexually oriented paraphernalia or novelty items, which are characterized by the depiction, description or reproduction of specified sexual activities or specified anatomical areas; or

(ii) An establishment may have other primary business purposes that do not involve the offering for sale or rental of materials depicting, describing, or reproducing specified sexual activities or specified anatomical areas, and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as 30 percent or more of its inventory or floor space is offering for sale or rental, for some form of consideration, the specified materials which depict or describe specified anatomical areas or specified sexual activities;

(iii) Video stores that sell and/or rent video tapes or other photographic reproductions and associated equipment shall come within this definition if 30 percent or more of the inventory or floor space includes the rental or sale of video tapes or other photographic reproductions or associated equipment which are characterized by the depiction, description or reproduction of specified sexual activities or specified anatomical areas.

(c) “Adult cabaret” means a nightclub, bar, restaurant, or similar commercial establishment, whether or not alcoholic beverages are served, which features:

(i) Persons who appear semi-nude or nude; or

(ii) Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

(d) “Adult motel” means a hotel, motel, or similar commercial establishment which:

(i) Offers sleeping accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or

(ii) Offers a sleeping room for rent for a rental fee period of time that is less than 20 hours; or

(iii) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 20 hours.

(e) “Adult motion picture theater” means a commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions characterized by the depiction or description of specified anatomical areas or specified sexual activities are shown for any form of consideration.

(f) “Adult theater” means a theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, features persons who appear live in a semi-nude or nude state, or live performances which are characterized by the exposure of specified anatomical areas or specified sexual activities.

(g) “Escort agency” means a person or business association that furnishes, offers to furnish, or advertises to furnish escorts as its business purpose for a fee, tip, or other consideration. This shall not include any escort service offered by a charity or nonprofit organization for medical assistance or assistance to the elderly or infirm.

(h) “Nude or semi-nude model studio” means any place where a person, who appears nude or semi-nude, or displays specified anatomical areas, is provided for money or any other form of consideration, to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.

(2) “Barker” means any person who is located at the entrance of or outside of an adult entertainment business and attempts to solicit business for the same by using voice or gestures.

(3) “Clerk” means such City employees or agents as the City Manager shall designate to administer this chapter or any designee thereof.

(4) “Employee” means any and all persons, including managers, entertainers, and independent contractors who work in or at or render any services directly related to the operation of any adult entertainment business of live entertainment, adult theater, or adult use establishments, whether or not such person is paid compensation by the operator of said business.

(5) “Entertainer” means any person who provides adult live entertainment in an adult cabaret or adult theater, whether or not they are an employee of the business and whether or not a fee is charged or accepted for such entertainment, and whether or not nude, semi-nude or clothed.

(6) “Manager” means any person who manages, directs, administers, or is in charge of, the affairs and/or the conduct of an adult entertainment business.

(7) “Escort” means a person who provides services for an escort service as defined herein, who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

(8) “Establishment” means any of the following:

(a) The opening or commencement of any adult entertainment business as a new business; or

(b) The conversion of an existing business, whether or not an adult entertainment business, to any adult entertainment businesses defined herein; or

(c) The addition of any of the adult entertainment businesses defined herein to any other existing adult entertainment business; or

(d) The relocation of any such adult entertainment business; or

(e) An existing adult entertainment business.

(9) “Nude” or “state of nudity” means the appearance or less than complete and opaque covering of the human anus, male genitals, female genitals, or the areola or nipple of the female breast.

(10) “Operator” means the owner, significant stockholder or significant owner of interest, permit holder, custodian, manager, operator, or person in charge of any permitted or licensed premises.

(11) “Permitted and/or licensed premises” means any premises that requires a license and/or permit and that is classified as an adult entertainment business.

(12) “Permittee and/or licensee” means a person in whose name a permit and/or license to operate an adult entertainment business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.

(13) “Person” means any individual, firm, joint venture, copartnership, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver or any other group or combination acting as a unit.

(14) “Semi-nude” means a state of dress in which clothing completely and opaquely covers no more than the genitals, pubic region, and areola and nipple of the female breast, as well as portions of the body covered by supporting straps or devices.

(15) “Specified anatomical areas” means any of the following:

(a) Less than completely and opaquely covered human genitals, pubic region, anus, or areola of the female breasts or any artificial depiction of the same; or

(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(16) “Specified criminal activities” means any conviction for acts which are sexual crimes against children, sexual abuse, rape, or distribution of obscenity or erotic material to minors, prostitution, pandering, or racketeering.

(17) “Specified sexual activity” means any of the following:

(a) The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts; or

(b) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or

(c) Masturbation, actual or simulated; or

(d) Human genitals or artificial depictions of the same in a state of sexual stimulation, arousal or tumescence; or

(e) Excretory functions as part of or in connection with any of the activities set forth in subsections (17)(a) through (d) of this section.

(18) “Adult entertainment live entertainment” means a live performance which is characterized by the performer’s exposure of specified anatomical areas or performance of specified sexual activities.

(19) “Obscenity” means the definition of lewd material provided by RCW 7.48.050, including any matter:

(a) Which the average person applying contemporary community standards would find, when considered as a whole, appeals to the prurient interests in sex; or

(b) Which explicitly depicts or describes patently offensive representations or descriptions of:

(i) Ultimate sexual acts, normal or perverted, actual or simulated; or

(ii) Masturbation, fellatio, cunnilingus, bestiality, excretory functions or lewd exhibitions of the genital or genital areas; or

(iii) Violent or destructive sexual acts, including, but not limited to, human and/or animal mutilation, dismemberment, rape and/or torture; or

(iv) Has a dominant theme which appeals to the prurient interests of minors and sex; which is patently offensive because it affronts contemporary community standards relating the description or representation of sexual matters or sadomasochistic abuse; and

(c) Which when considered as a whole lacks serious, literary, artistic, political or scientific value.

(20) “Transfer of ownership or control” of an adult entertainment business means any of the following:

(a) The sale, lease, or sublease of the business; or

(b) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

(c) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control. (Ord. 737 § 2 (Att. A), 2022)

(1) No person shall use any property or premises for an adult entertainment business, except in compliance with this chapter and the zones set forth in the use tables in Chapter 21.21 WMC.

(2) No adult entertainment business shall be located within:

(a) Six hundred feet of the perimeter of the building or point of access in which any other adult entertainment business is located;

(b) Three hundred feet from any Office or Residential zone, except the single-family residential zoned areas to the west and east of the North Industrial Neighborhood (north of the Central Business District zone);

(c) Three hundred feet of any school, licensed daycare, public park, community center, public library, sports club with children’s activities, or religious facilities which conduct religious or educational classes for minors; and

(d) In the South Industrial Neighborhood (west and south of the Central Business District zone). (Ord. 737 § 2 (Att. A), 2022)

(1) No adult entertainment business shall be permitted to operate without a valid business permit consistent with this chapter.

(2) The Clerk as defined in WMC 21.48.030(3) is responsible for administration and enforcement of permits and related licenses for adult entertainment businesses.

(3) A permit under this chapter for an adult entertainment business shall be processed as a Type 1 decision pursuant to WMC 21.80.030 and the procedures for Type 1 decisions set forth in WMC 21.80.050(1). Application for a permit shall be on a form provided by the City. Each person desiring to operate an adult entertainment business shall file with the City an application supplied by the City. (Ord. 737 § 2 (Att. A), 2022)

(1) The Clerk shall establish, and may revise as necessary, forms and written checklists that specify the submission requirements for an adult entertainment business.

(2) A complete application shall contain the following information and shall be accompanied by the following documents:

(a) If the applicant is:

(i) An individual/sole proprietor: The individual/owner shall state their legal name and any aliases, stage names, or previous names, date of birth, Social Security number and submit satisfactory proof that they are 18 years of age or older.

(ii) A partnership: The partnership shall state its complete name, and the legal names of all partners, including their dates of birth, Social Security numbers, and submit satisfactory proof that each is 18 years of age and whether the partnership is general or limited, and a copy of the partnership agreement, if any.

(iii) A corporation: The corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of the State of Washington, the legal names, dates of birth, Social Security numbers, proof that each is 18 years of age or older and the capacity of all officers, directors and principal stockholders, the name of the registered corporate agent, and the address of the registered office for service of process.

(iv) As a part of the application process, each officer, director, or principal stockholder, as defined above, shall provide an affidavit attesting to their identity and relationship to the corporation. “Principal stockholder” shall mean those persons who own a 10 percent or greater interest in the adult entertainment business.

(b) Whether the applicant or any other individuals listed pursuant to subsections (4)(a)(i), (ii) and (iii) of this section within a four-year period immediately preceding the date of the application has been convicted of a specified criminal activity and, if so, the specified criminal act involved, the date of conviction and the place of conviction.

(c) Whether the applicant or any of the other individuals listed pursuant to this section has, within the last four years, had a previous permit or license under this chapter or other similar ordinances from another city or county denied, suspended, or revoked, including the name and location of the adult entertainment business for which the permit or license was denied, suspended, or revoked, the entity denying the same, as well as the date of the denial, suspension, or revocation.

(d) Whether the applicant or any other entity listed pursuant to this section holds any other permits and/or licenses under this chapter, et seq., or other similar adult entertainment business license from another city or county and, if so, the names and locations of such other permitted businesses.

(e) The single classification of permit for which the applicant is filing.

(f) The location of the proposed adult entertainment business, including a legal description of the property, street address, and telephone number(s), if any.

(g) The applicant’s mailing address and residential address.

(h) Two two-inch by two-inch black and white photographs of the applicant, including any corporate applicants, taken within six months of the date of the application, showing only the full face of the same. The photographs shall be provided at the applicant’s expense. The license, when issued, shall have affixed to it one such photograph of the applicant.

(i) The applicant or each corporate applicant’s driver’s license number and/or their State or Federally issued tax identification number.

(j) Each application shall be accompanied by a complete set of fingerprints of each person required to be a party to the application, including all corporate applicants as defined above, utilizing fingerprint forms as prescribed by the Chief of Police or their designee.

(k) In the case of all adult entertainment businesses, a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram must be professionally prepared and accepted by the City, and it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.

(l) The applicant shall be required to pay a preliminary nonrefundable processing fee established by resolution at the time of filing an application under this section. This is a processing fee. License fees shall also be required in the event the application is approved.

(m) Subsequent to the issuance of an adult entertainment business permit, if any person or entity acquires a significant interest in the licensed adult entertainment facility, notice of such acquisition shall be provided in writing to the Clerk within 21 calendar days following such acquisition and the person acquiring the interest shall submit a complete application to the City pursuant to this section within 45 calendar days of acquiring such interest. For the purpose of this section, “significant interest” means principal responsibility for management or operation of an adult entertainment business.

(n) Other information as required by the Clerk or required elsewhere in the Woodinville Municipal Code.

(3) Applicants for a permit and/or license under this chapter shall have a continuing duty to promptly supplement application information required in the event that said information changes in any way from what is stated on the application.

(4) The applicant must be qualified according to the provisions of this section, must have a current City business license, and the premises must be inspected and found to comply with health, fire, and building codes of the City. (Ord. 737 § 2 (Att. A), 2022)

(1) The Clerk shall grant or deny an application for a permit under this chapter within 30 days from the date the application is determined complete, unless a reasonable cause for an extension is established.

(2) The Clerk shall grant an application for an adult entertainment business unless one or more of the following criteria is present:

(a) Applicant is under 18 years of age, or will be employing a person under 18 years of age;

(b) Applicant is overdue on payment to the City of taxes, fees, fines, or has other unresolved penalties imposed on them relating to the adult entertainment business;

(c) Applicant failed to provide information required by this chapter, or the application contains false, misleading or incomplete information;

(d) Applicant fails to comply with all provisions or requirements of this chapter;

(e) The premises to be used for the adult entertainment business is not in compliance with applicable laws and ordinances; or

(f) Applicant has been convicted, forfeited bail or other adverse finding for a specified criminal activity within the four years prior to the application submission date.

(3) If a permit is granted, the permit shall be posted in a conspicuous place at or near the entrance to the adult entertainment business and can be easily read at any time.

(4) Permits for adult entertainment are valid until December 31st of each year and must be renewed by January 1st or the permit shall expire. (Ord. 737 § 2 (Att. A), 2022)

(1) No adult entertainment business shall be operated or maintained in the City unless the owner or operator has obtained an adult entertainment business permit as set forth above, and the applicable licenses from the City. For adult cabarets, the required license shall be the adult cabaret license set forth in subsection (2) of this section.

(2) The annual license fee for an adult cabaret business and all other adult entertainment businesses shall be established by resolution. The amount shall be used for the cost of administration and enforcement of this chapter.

(3) The above-referenced licenses expire annually on December 31st of each year and must be renewed by January 1st, or the license shall expire.

(4) The applicant must be 18 years of age or older. (Ord. 737 § 2 (Att. A), 2022)

(1) No person shall work or perform as a manager, entertainer, escort, or nude or semi-nude model at an adult entertainment facility without a valid manager’s or entertainer’s license issued by the Clerk.

(2) All applications shall be submitted to the Clerk on a form supplied by the City and shall contain or be accompanied by all of the following information and documents:

(a) The date of the application.

(b) The legal name, any previous names, any aliases, any driver’s license number, and the date of birth of the applicant.

(c) Documentation that the applicant has attained the age of 18 years. Any of the following shall be accepted as documentation of age:

(i) A valid driver’s license issued by any state bearing the applicant’s photograph and date of birth;

(ii) A valid identification card issued by any state bearing the applicant’s photograph and date of birth;

(iii) An official passport issued by the United States of America;

(iv) An immigration card issued by the United States of America; or

(v) Any other form of identification that the Clerk determines to be acceptable.

(d) The height, weight, hair and eye color of the applicant.

(e) The present mailing and residential address of the applicant.

(f) The name and address of the adult entertainment facility at which the applicant will work or perform.

(g) A description of the primary activities or services to be rendered by the applicant at the adult entertainment facility.

(h) Two two-inch by two-inch color photographs of the applicant, taken within six months of the date of the application, showing the full face of the applicant. The photographs shall be provided at the expense of the applicant.

(i) A complete set of fingerprints of the applicant, taken by a designated City official, on a form adopted and approved by the City Police Department.

(j) A statement whether the applicant has been convicted of a specified criminal offense, and if so, the date, place, and jurisdiction of each specified criminal offense.

(k) A statement whether the applicant holds any license issued under this chapter or under a similar ordinance from another city or county, and if so, the operating names and locations of the other licensed businesses.

(l) A statement whether the applicant has had a previous license issued under this chapter denied, suspended, or revoked, and if so, the name and location of the adult entertainment facility for which the license was denied, suspended, or revoked, as well as the date of the denial, suspension, or revocation.

(m) Authorization for the City, its agents, and employees to seek information to confirm any statements or other information set forth in the application.

(3) The applicant shall verify under penalty of perjury that the information contained in the application is true to the best of their knowledge.

(4) An application shall be deemed complete upon receipt of all the information and documents requested by this section. Where necessary to determine compliance with this chapter, the Clerk may request information or clarification in addition to that provided in a complete application.

(5) Each manager’s and entertainer’s license application shall be accompanied by a nonrefundable application fee, the amount of which shall be established by resolution.

(6) In addition to the requirements of this chapter, an applicant for a manager’s or entertainer’s license must also obtain any other permits or licenses required by State or local laws or regulations. (Ord. 737 § 2 (Att. A), 2022)

An applicant for a manager’s or entertainer’s license shall be issued a temporary license upon the City’s receipt of a complete license application and fee. Said temporary license shall expire automatically on the fifteenth day following filing of a complete application and fee, unless the Clerk has failed to approve or deny the license application, in which case the temporary license shall be valid until the Clerk approves or denies the application, or until the final determination of any appeal from a denial of the application. In no event may the Clerk extend the application review time for more than an additional 20 days. (Ord. 737 § 2 (Att. A), 2022)

All licenses required in this chapter must be issued and the applicable fees paid to the Clerk at least 14 calendar days before commencing work at an adult entertainment business, and on an annual basis as described above. The adult entertainment permit required by WMC 21.48.050 must only be renewed based on changed circumstances as set forth in WMC 21.48.060(2)(i). The fee structure for all fees and fines in this chapter shall be reviewed annually after a renewal has been applied for, to assure that the fees accurately reflect the cost of enforcement and administration of this chapter. (Ord. 737 § 2 (Att. A), 2022)

(1) A licensed manager shall be on duty at all adult entertainment business premises at all times during which the business is open to customers, whether the business provides live or other performances. The manager shall be stationed at a location within the facility where they have an unobstructed view of all public portions of the facility.

(2) The licensed manager on duty shall not be an entertainer.

(3) It shall be the responsibility of the manager to verify that any entertainer who works or appears within the premises possesses a current and valid entertainer’s license posted in the manner required by this chapter. (Ord. 737 § 2 (Att. A), 2022)

No license or permit issued pursuant to this chapter shall be transferable. (Ord. 737 § 2 (Att. A), 2022)

(1) Every entertainer, manager, escort or model shall post their license in their work area so that it is readily available for public inspection.

(2) Every person, corporation, partnership, or association licensed under this chapter shall display its license in a prominent place within the establishment. In the case of adult cabarets, the name of the manager on duty shall be prominently posted during business hours. (Ord. 737 § 2 (Att. A), 2022)

(1) Separation of Adult Entertainment Performance Area. The portion of adult cabaret, adult theater or any other premises in which adult entertainment business live entertainment is performed shall be a stage or platform at least 18 inches in elevation above the level of the patron seating areas and shall be separated by a distance of at least 10 feet from all areas of the premises to which patrons have access. A continuous railing at least three feet in height and located at least six feet from all points of the adult-oriented live entertainment performance area shall separate the performance area and the patron areas.

(2) Lighting. A minimum lighting level of 30 lux semi-cylindrical measured at 30 inches from the floor on 10-foot centers shall be provided and equally distributed in and about the public portions of the cabaret or theater, including the patron seating areas, so that all objects are plainly visible at all times.

(3) Submittal of Plans. Building plans and lighting calculations showing conformance with the requirements of this section shall be included with any application for an adult cabaret or adult theater business license. (Ord. 737 § 2 (Att. A), 2022)

(1) Standards for Patrons, Employees and Entertainers. The following standards of conduct must be adhered to by patrons, entertainers and/or employees of adult cabarets at all times live performances are provided:

(a) No employee or entertainer may appear nude on any part of the premises open to view of members of the public, except in the entertainment performance area described in WMC 21.48.150(1). No entertainer may perform anywhere on the premises except in the entertainment performance area described above.

(b) No patron or customer shall go into or upon the adult entertainment live performance area described in WMC 21.48.150(1).

(c) No member of the public or employee or entertainer shall allow, encourage, or knowingly permit any person upon the premises to touch, caress, or fondle the breasts, buttocks, anus, pubic area, or genitals of themselves or another.

(d) No member of the public or employee or entertainer shall allow, encourage, or permit physical contact between an employee or entertainer and any member of the public.

(e) No employee or entertainer shall perform acts of or acts which simulate:

(i) Sexual intercourse, masturbation, bestiality, sodomy, oral copulation, flagellation, or any sexual acts the performance of which are prohibited by law; or

(ii) The touching, caressing, or fondling of the breasts, buttocks, pubic area, or genitals.

(f) No employee or entertainer shall use artificial devices or inanimate objects to depict any of the prohibited activities described in this subsection.

(g) No activity or entertainment occurring at or in an adult cabaret, nor any photograph, drawing, sketch or other pictorial or graphic representation of any specified sexual activities or specified anatomical areas, shall be visible at any time from outside the adult cabaret.

(h) No entertainer or other employee employed or otherwise working at an adult cabaret or adult theater shall solicit, demand, accept, or receive either directly or indirectly any gratuity or other payment from a patron, customer, or member of the public except an initial entrance fee or similar fee set out by the premises.

(i) It is unlawful for any entertainer, manager, or waitperson to perform more than one such function at an adult cabaret on the same business day.

(j) No customer or patron of an adult cabaret shall give either directly or indirectly, or otherwise provide an entertainer with, a gratuity or other payment, except an initial entrance fee or similar fee set out by the premises.

(k) When not performing, entertainers are prohibited from being present in areas of the establishment that are open to the patrons of the establishment. Entertainers are required to use separate restroom facilities.

(l) At least two signs of sufficient size to be readable at 20 feet shall be conspicuously displayed in the public area of the establishment stating the following:

THIS ADULT CABARET OR ADULT THEATER IS REGULATED BY THE CITY OF WOODINVILLE. ENTERTAINERS ARE:

• Not permitted to engage in any type of sexual conduct;

• Not permitted to appear nude except on stage;

• Not permitted to appear semi-nude or clothed and dance or model, except on stage;

• Not permitted to dance or model except on stage;

• Not permitted to solicit, demand, accept, or receive directly or indirectly any gratuity or other payment from a patron.

(m) There must be at least one employee not an entertainer on duty and situated in any public area at all times that any patron, member or customer is present inside the premises.

(n) Doors to areas on the premises which are available for use by persons other than the owner, manager, operator or their agents or employees may not be locked during business hours.

(o) No person may operate or maintain any warning system or device, of any nature or kind, for the purpose of warning or aiding and abetting the warning of patrons, members, customers or any other persons that police officers or health, fire or building inspectors are approaching or have entered the premises.

(2) Standards for Owner or Operator of Adult Cabarets or Adult Theaters. At any adult cabaret or adult theater where live performances are provided:

(a) Admission must be restricted to persons of the age of 18 years or more pursuant to RCW 9.68A.150; and the identification of all patrons must be checked by the employees of the premises.

(b) A minimum lighting level of 30 lux semi-cylindrical measured at 30 inches from the floor on 10-foot centers shall be provided and equally distributed in and about the public portions of the cabaret or theater, including the patron seating areas, so that all objects are plainly visible at all times. (Ord. 737 § 2 (Att. A), 2022)

All adult bookstores, adult novelty stores, adult arcades, or adult video stores having facilities for customers’ viewing of depictions of human nudity and/or sexual conduct of any nature, including depictions of specified sexual activities, shall comply with the following regulations:

(1) Construction/Maintenance.

(a) The viewing areas within the adult entertainment adult arcade premises shall each be visible from a manager’s station and shall not be obscured by any curtain, door, wall or other enclosure. As used in this section “viewing area” means the area where a patron or customer would be positioned while watching a film, video or other viewing device.

(b) All areas shall be maintained in a clean and sanitary condition at all times. A minimum lighting level of 30 lux semi-cylindrical measured at 30 inches from the floor on 10-foot centers shall be provided and equally distributed in and about the public portions of the cabaret or theater, including the patron seating areas, so that all objects are plainly visible at all times.

(c) Restrooms may not contain video reproduction equipment.

(d) No steps or risers are allowed in any adult arcade booth or station.

(e) No adult arcade station or booth shall have more than one stool type seat. In order to prevent obscuring the occupant of an adult arcade station or booth from view, no stool for seating within an adult arcade station or booth shall have any seat back or sides.

(f) All ventilation devices between the adult arcade booths must be covered by a permanently affixed ventilation cover. Ventilation holes may only be located one foot from the top of the booth walls or one foot from the bottom of the booth walls. There may not be any other holes or openings (“glory holes,” etc.) in the booths.

(g) No person may operate any kind of warning device or system for the purpose of warning or aiding or abetting the warning of any patron, employee or other persons that the police, health, fire or building inspector or other public officials are approaching or entering the premises.

(h) The licensee shall not permit any doors to public areas on the premises to be locked during business hours.

(i) No person under 18 years of age shall be permitted in such premises. The employees shall check identification of all who enter.

(2) Unlawful Conduct. The following conduct or activity is unlawful:

(a) Masturbation or sexual activity of any kind in viewing booths;

(b) Two or more customers in a viewing booth at the same time;

(c) For the owner or manager to knowingly allow any of the disallowed conduct;

(d) Noncompliance with any other regulations set forth in this chapter.

(3) Signs. At least two signs shall be conspicuously and permanently posted on the premises advising customers using viewing booths that:

(a) Masturbation in such booths is prohibited and unlawful;

(b) That it is unlawful for more than one customer to occupy a viewing booth at any time;

(c) Violations are subject to criminal prosecution. (Ord. 737 § 2 (Att. A), 2022)

Video stores that sell or otherwise distribute films, motion pictures, video cassettes, slides, or other visual representations, which are characterized by the depiction or description of specified sexual activities or specified anatomical areas, and less than 30 percent of their revenues, inventory or floor space includes such items, shall be subject to State regulations, and the following:

(1) All such items as are described above shall be physically segregated and closed off from other portions of the store such that these items are not visible and/or accessible from other portions of the store.

(2) No advertising for such items shall be posted or otherwise visible, except where such items are authorized by law for display.

(3) Signs shall be posted at the entrance to the area where such items are displayed stating that persons under the age of 18 are not allowed access to the area where “erotic” items as defined by State statute and/or court order are displayed.

(4) The manager or attendant shall take reasonable steps to monitor the area where such “erotic” items are displayed to ensure that persons under 18 years of age do not access the age-restricted area.

(5) Rental or sale of obscene material (as defined herein) shall be considered a moral nuisance, and subject to abatement pursuant to this chapter and RCW 7.48.058.

(6) Employees of such video stores shall check identification for the age of all persons renting or purchasing such “erotic” items.

(7) The store shall not employ anyone under 18 if the store sells or otherwise distributes films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. (Ord. 737 § 2 (Att. A), 2022)

This chapter shall not be construed to prohibit:

(1) A person appearing in a state of nudity or semi-nudity, modeling in a class operated by: a proprietary school, licensed by the State of Washington; a college, junior college, or university supported entirely or partly by taxation; a private college university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or the modeling of clothing or lingerie in a full-service restaurant where no consideration is charged, whether directly or indirectly, specified anatomical areas are opaquely covered and not exposed by the model and the models are not within six feet of any patron of the restaurant;

(2) Plays, operas, musicals, or other dramatic works that are not obscene;

(3) Classes, seminars, and lectures held for serious scientific or educational purposes that are not obscene; or

(4) Exhibitions, performances, expression, or dances that are not obscene. (Ord. 737 § 2 (Att. A), 2022)

No person granted a permit and/or license pursuant to this chapter shall operate an adult entertainment business under a name not specified in their license, nor shall they conduct business under any designation or at a location not specified in their permit and/or license.

(1) All books and records required to be kept pursuant to this chapter shall be open to inspection by the Chief of Police or designee of the City during the hours when the licensed premises is open for business. The purpose of such inspection shall be to determine if the books and records meet the requirements of this chapter.

(2) The licensed premises shall be (as an implied condition of receiving an adult entertainment business permit and/or license) open to inspection by the City’s Chief of Police, fire or health officials, or their designees during the hours when the adult entertainment business premises is open for business. The purpose of such inspection shall be to determine if the licensed premises is operated in accordance with the requirements of this chapter. It is hereby expressly declared that unannounced inspections are necessary to ensure compliance with this chapter. (Ord. 737 § 2 (Att. A), 2022)

It is unlawful for any adult entertainment business premises, except adult motels, to be conducted, operated, or otherwise open to the public between the hours of 1:00 a.m. and 4:00 p.m. (Ord. 737 § 2 (Att. A), 2022)

Alcoholic beverages are prohibited from being served or present at any business subject to regulation under this chapter. (Ord. 737 § 2 (Att. A), 2022)

(1) Within 30 days following each calendar quarter, each adult entertainment business licensee shall file with the Clerk a verified report showing the licensee’s gross receipts and amounts paid to entertainers, models, or escorts, if applicable, for the preceding calendar year.

(2) Each adult entertainment business licensee shall maintain and retain for a period of two years from the date of termination of employment, the names, addresses, and ages of all persons employed or otherwise retained as entertainers, models, and escorts by the licensee. (Ord. 737 § 2 (Att. A), 2022)

(1) If the Clerk denies the granting of a license or permit under this chapter, or revokes the same pursuant to WMC 21.48.260, the applicant shall be notified in writing of the decision. The notice shall describe the reasons for the denial or revocation and the applicant’s right to appeal pursuant to subsection (2) of this section.

(2) Appeal of the Clerk’s decision may be made by the applicant the same as an administrative appeal for a Type 1 decision set forth in Chapter 21.81 WMC. (Ord. 737 § 2 (Att. A), 2022)

(1) Whenever the Clerk finds or determines that any violation or change in circumstances of this chapter has occurred, a notice of violation pursuant to Chapter 1.06 WMC and suspension or revocation to the licensee or permit holder shall be issued.

(2) The suspension or revocation of a license shall be immediately effective unless a stay is requested in the filing of an appeal. If a request for a stay is made, the licensee may continue to engage in the activity for which the license was issued pending the decision of the Hearing Examiner, unless the license was suspended or revoked based on a threat of immediate serious injury to public health or safety.

(3) The Clerk may suspend any permit or license required by this chapter for:

(a) A period of 90 days upon the licensee’s first violation of this chapter.

(b) A period of 180 days upon the licensee’s second violation of this chapter.

(c) A period of two years upon the licensee’s third, or any subsequent, violation of this chapter.

(4) Notwithstanding the other provisions of this chapter, the Clerk may revoke or deny the renewal of any license required by this chapter for two years if the licensee has made any false or misleading statements or misrepresentations to the City.

(5) Application for a new license may be made following the expiration of the applicable revocation period. (Ord. 737 § 2 (Att. A), 2022)

None of the provisions of this chapter are intended to create a cause of action or provide the basis for a claim against the City, its officials, or employees for the performance or the failure to perform a duty or obligation running to a specific individual or specific individuals. Any duty or obligation created herein is intended to be a general duty or obligation running in favor of the general public. (Ord. 737 § 2 (Att. A), 2022)

(1) It is unlawful for anyone who operates, knowingly allows, or causes to be operated an adult entertainment business contrary to or inconsistent with the provisions of this chapter.

(2) It is unlawful for any entertainer, employee, or operator to knowingly work in or about or knowingly perform any service directly related to the operation of an unlicensed adult cabaret business.

(3) Any person violating any provision(s) of this chapter shall be guilty of a misdemeanor. Any person convicted of such a violation shall be punished by a fine of not more than $1,000 or a jail term of not more than 90 days, or both. Each such person is guilty of a separate misdemeanor for each and every day on which any violation of this chapter is committed, continued, or permitted by any such person and said person shall be punished accordingly. Any persons violating any of the provisions of this chapter shall also be subject to license suspension or revocation and nuisance abatement as set forth herein. (Ord. 737 § 2 (Att. A), 2022)

Any adult entertainment businesses in violation of this chapter shall be deemed a public nuisance, which, in addition to all other remedies, may be abated by injunctive relief or pursuant to Chapter 8.07 WMC. (Ord. 737 § 2 (Att. A), 2022)