Chapter 18.48 SUPPLEMENTAL DEVELOPMENT STANDARDS

Chapter 18.48
SUPPLEMENTAL DEVELOPMENT STANDARDS

Sections:

18.48.010 Daycare.

18.48.020 Fences.

18.48.030 Height limitations – Exceptions.

18.48.040 Lots.

18.48.050 One-family dwelling siting and design standards.

18.48.060 Recreational vehicle parks.

18.48.070 Yards.

18.48.080 Heliports.

18.48.090 Work release, prerelease and similar facilities.

18.48.100 Wireless communications facilities siting standards.

18.48.110 Wetland mitigation.

18.48.120 Accessory dwelling units.

18.48.130 Development standards for panhandle lot access and private access tracts.

18.48.140 Gated residential subdivisions.

18.48.150 Secure community transition facilities.

18.48.010 Daycare.

A. The following performance standards shall apply to all child daycares but shall not apply to adult daycare:

1. If applicable, must be properly licensed with the state of Washington;

2. Outdoor play areas may be required to be screened by a 100 percent sight-obscuring fence per ACC 18.48.020(C). The fence shall be constructed to reach the ground to prevent crawling underneath;

3. Daycare, preschool and nursery school services shall not be conducted before 5:00 a.m. or after 9:00 p.m. in single-family residential zones.

B. The above provisions are not intended to reduce the requirements of any other licensing agency or department. (Ord. 4705 § 2, 1994; Ord. 4229 § 1, 1987.)

A. Height Regulations. The minimum or maximum height requirements as stipulated throughout this chapter shall be considered to be met if the height of the fence is within six percent of the height required. The height of the fence shall be determined from the existing, established grade on the property.

1. The following regulations shall apply in the R-S, LHRS, R-1, LHR1, R-2, LHR2, R-3, LHR3, R-4, LHR4, R-MHP, LHRMHP, RO, RO‑H, I, LHI, C-N, C-1, LHC1, C-2, and DUC districts:

a. Fences may be constructed to a height not to exceed the following in each of the required setback areas, as regulated per each zone, or as modified by subsection B of this section:

Front yard: 42 inches; provided, that fences constructed of chain link, wrought iron or similar materials that provide visibility may be 72 inches in height;

Side yard: 72 inches;

Rear yard: 72 inches;

Street side yard: 72 inches.

2. Fences and walls built within the building area of a lot may be as high as the maximum building height allowed within the applicable zone district. Building permits for fences exceeding six feet in height are required.

B. Special Height Restrictions.

1. There shall not be anything constructed or reconstructed, and no obstruction permitted to grow, other than a post, column or tree not exceeding one foot square or one foot in diameter, between a height three feet and 10 feet above the established grade within the triangular areas described below, without the express approval of the city engineer:

a. The triangular area formed by a line extending 20 feet along the right-of-way lines of a street and alley or edge of a private driveway, measured from the point of intersection and the line connecting the two ends of the two 20-foot lines;

b. Fences located at the corner of intersecting streets shall comply with the sight distance requirements of the city of Auburn design standards.

2. In general, no fence, hedge, structure or other obstruction shall act as a sight hazard to traffic, and the city engineer may order the removal of such hazard whether or not such object otherwise complies with the provisions of this title.

C. Screened Fence Defined.

1. A screened fence shall consist, at a minimum, of a chain link fence interwoven with slats placed in every row or available space in the fence;

2. A 100 percent sight-obscuring fence shall be constructed of solid wood, metal, concrete or other appropriate material which totally conceals the subject use from adjoining uses.

D. Fences and Associated Landscaping.

1. When landscaping is required along the property line, the fence shall be set back a minimum of five feet if the fence abuts a street right-of-way, so as to not obscure such landscaping;

2. At other property lines the landscaping shall be located to serve the greatest public benefit.

E. Obstructions – Generally Prohibited.

1. In no case shall any fence and/or hedge be constructed or grown, within a distance of three feet, around any fire hydrant; as well as no fence or hedge shall deter or hinder the fire department from gaining access to any fire department connection, fire protection control valve, fire hydrant, or fire department appliance or device;

2. In no case shall any fence and/or hedge obstruct the visibility of any fire hydrant from a distance of 150 feet, in any direction, of vehicular approach to the hydrant;

3. In no case shall any fence and/or hedge be constructed or grown in a manner which interferes with access to storm or sanitary sewer manholes and other appurtenances which require access for maintenance purposes.

F. Other than in the P-1, M-1 or M-2 zones, no fence may include the use of barbed wire; provided, that pasture areas a minimum of one acre in area may be fenced with barbed wire in any zone. Barbed wire may be attached to the top of and in addition to the height of a 72-inch fence, provided it does not extend more than one additional foot in height.

G. Any fence located within a front yard that features a locking gate or similar security device shall provide emergency access in a manner acceptable to the fire marshal. (Ord. 6071 § 2, 2007; Ord. 6031 § 3, 2006; Ord. 5398 § 2, 2000; Ord. 5342 § 2, 2000; Ord. 4304 § 1(31), 1988; Ord. 4229 § 2, 1987.)

18.48.030 Height limitations – Exceptions.

The following buildings and/or structures are exempt of the height requirements of this title; in no case does this lessen any height restrictions that relate to the municipal airport:

A. Cupolas, provided they do not extend more than three feet above the roof line;

B. Church spires or steeples, provided they conform to elevations as approved under a conditional use permit;

C. Transmission line towers, including telephone line towers and similar types of other line towers, located within public street rights-of-way, easements, or on private property, and which are constructed in accordance with other regulations as required by the city;

D. Residential television antennas, provided they are used in conjunction with the reception of commercial television station signals and are not used for transmission purposes;

E. Elevated reservoirs, water tanks or standpipes under the jurisdiction of the city or other water district;

F. Athletic field or playground lighting under the jurisdiction of the city or other public agency. This exemption is limited to the P-1 or LHP1, public use zone, only and its provisions. (Ord. 5342 § 2, 2000; Ord. 4664 § 2, 1994; Ord. 4229 § 2, 1987.)

18.48.040 Lots.

A. All lots shall meet the lot area and width requirements set forth in the applicable use district, except any residentially zoned parcel of land with an area and/or a width or depth less than that prescribed for a lot in any residential district, then the fact that the parcel of land does not meet the area and/or width requirements as set forth in this title shall not prohibit the property from being utilized for single-family residential purposes; provided, that all other regulations of this title are complied with.

1. For single-family homes on substandard lots, the following special provisions for lot coverage and setbacks may apply:

a. Lot Coverage. Lot coverage may be determined by using the following formula:

(A/B) * C = D(%)

A = Lot area required by zoning code.

B = Lot area of existing lot.

C = Percentage of lot coverage allowed by zoning code.

D = Percentage of lot coverage allowed for the substandard lot.

In no case shall the lot coverage exceed 50 percent, unless otherwise allowed by this title.

b. Front and Rear Yard Setbacks. Either the front or rear yard setback may be determined by using the following formula:

(A/B) * C = D

A = Depth of the existing lot.

B = Lot depth required by zoning code.

C = Front or rear yard setback required by zoning code.

D = Front or rear yard setback allowed for the substandard lot.

In no case shall the front or rear yard setback be less than 10 feet, unless otherwise allowed by this title.

c. Side Yard Setbacks. Side yard setbacks may be determined by using the following formula:

(A/B) * C = D

A = Width of the existing lot.

B = Lot width required by zoning code.

C = Side yard setback required by zoning code.

D = Side yard setback allowed for the substandard lot.

In no case shall the interior side yard setback be less than three feet or the street side yard setback less than 10 feet, unless otherwise allowed by this title.

B. Lots created by the King County assessor’s office shall not be considered as building lots or lots that can be further subdivided unless in accordance with this title and land division ordinance, except those lots created prior to August 24, 1968, which was the adoption date of the previous subdivision ordinance, Number 2204.

C. Lots created by the Pierce County assessor’s office shall not be considered as building lots or lots that can be further subdivided unless in accordance with this title and land division ordinance, except those lots legally created prior to any land being annexed to the city of Auburn. (Ord. 5170 § 1, 1998; Ord. 4705 § 2, 1994; Ord. 4229 § 2, 1987.)

18.48.050 One-family dwelling siting and design standards.

A. Manufactured homes located in residential zoning districts shall meet all of the following criteria:

1. May not have previously had a title granted to a retail purchaser and may not be a “used mobile home” as defined by RCW 82.45.032(2), now or hereafter amended.

2. Be built to meet or exceed the standards established by federal law 42 U.S.C. 5401-5403, now or hereafter amended.

3. Be thermally equivalent or better to that required by the State Energy Code for new residential structures, now or hereafter amended.

4. Be set on and securely attached to a permanent foundation as specified by the manufacturer.

5. Proof of title elimination is required prior to building occupancy.

6. Be connected to required utilities that include plumbing, heating and electrical systems.

B. All one-family dwellings (including manufactured homes) shall comply with the following siting and design standards:

1. The design and construction of the foundation must meet the requirements of the International Building Code, now or hereafter amended;

2. The gap from the bottom of the structure to the ground, around the entire perimeter of the structure, shall be enclosed by concrete or other concrete product as approved by the building official, which may or may not be load bearing.

C. The above requirements do not apply to one-family dwellings sited within the R-MHP, residential mobile home park zoning district. (Ord. 6162 § 4, 2008; Ord. 4229 § 2, 1987.)

18.48.060 Recreational vehicle parks.

A. The following performance standards shall apply to all recreational vehicle parks:

1. Minimum size of the recreational vehicle park: 100,000 square feet;

2. Maximum gross density: one recreational vehicle space per each 2,000 square feet of land area;

3. Recreational space: eight percent of the total site area shall be provided as defined recreation space. The recreation space shall be easily accessible and shall be improved and maintained in such a manner so as to provide adequate recreational facilities for the residents of the recreational vehicle park;

4. Minimum width: each recreational vehicle space shall have a minimum width of 25 feet;

5. Interior private streets:

a. Twelve feet of width per each travel lane and 10 feet of width per each parking lane. A minimum of 20 feet shall be provided for one way systems,

b. The streets shall be improved in accordance with the specifications of the city engineer. In addition, all streets shall be well-drained, well-lighted, and continuously maintained in operable condition;

6. Spacing between units: there shall be a minimum side-to-side dimension of 12 feet between units and a minimum end-to-end dimension of 10 feet between units;

7. Minimum setbacks required: the following setback requirements shall apply:

a. Twenty-five feet from a public street,

b. Five feet from an interior private street,

c. Fifteen feet from the park boundary;

8. Off-street parking: a minimum of one off-street parking space shall be required for each recreational vehicle space. It shall be located within the recreational vehicle space. In addition, one off-street parking space per each three recreational

vehicle spaces shall be required for guest parking. The guest parking spaces shall be grouped and distributed evenly throughout the park;

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

10. Landscaping: see Chapter 18.50 ACC;

11. Limit of stay: no recreational vehicle shall remain within in a recreational vehicle park for more than 120 days in any one-year period;

12. Solid waste disposal: the storage, collection and disposal of solid waste in recreational vehicle parks shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, or accident or fire hazards. Individual or grouped refuse containers must be screened from view except on collection day;

13. Utilities: the following requirements for utilities shall apply:

a. A water supply system shall be provided in the recreational vehicle park for each recreational vehicle space designed to accommodate the park user occupying a self-contained recreational vehicle, the water system for a recreational vehicle park shall be constructed and maintained in accordance with all applicable state and local codes and regulations,

b. Watering stations: each recreational vehicle park shall be provided with one or more accessible water supply outlets for filling recreational vehicle water storage tanks,

c. Sewage disposal system: an adequate and safe sewage disposal system shall be provided in a recreational vehicle park for each recreational vehicle space designed to accommodate the park user occupying a self-contained vehicle and shall be connected to public sewage system. The sewage disposal system in a recreational vehicle park shall be constructed and maintained in accordance with all applicable state and local codes and regulations,

d. Sanitary stations: each recreational vehicle park shall be provided with sanitary dumping stations in the ratio of one for every 100 recreational vehicle spaces or fractional part thereof. The construction of the sanitary station shall be in accordance with the city engineer’s standard detail. Sanitary stations shall be screened from other activities by a visual barrier such as fences, walls, or natural growth and shall be separated from any recreational vehicle space by a distance of not less than 50 feet,

e. Electrical supply system: each recreational vehicle park shall be provided with an underground electrical system which shall be installed and maintained in accordance with all applicable state and local codes and regulations,

f. Other utility systems: if other utility systems such as natural gas, television cable, or telephone are installed in a recreational vehicle park such installation shall be in accordance with state and local codes and regulations;

14. All recreational vehicle spaces shall be well marked and numbered.

B. The city engineer shall approve the site plan for all recreational vehicle parks. The site plan shall contain the following:

1. Name of the owner and operator, with address and phone number, and the name of the proposed recreational vehicle park or campground;

2. Legal description of the subject tract of land;

3. Name, address and phone number of the person or firm preparing the site plan;

4. Scale of the drawing and north arrow;

5. The area and dimensions of the tract of land;

6. The number, size and location of all recreational vehicle spaces;

7. The number, location and size of all off-street automobile parking spaces;

8. The location and width of all streets and walkways;

9. The location of service buildings, sanitary stations, recreation area and any other proposed facilities or structures;

10. Location of all utility lines and easements;

11. Indication of the water supply, sewage disposal, electrical supply, and refuse collection systems;

12. Indication of all buildings, recreation uses, and other facilities to be constructed;

13. Landscaping specifications;

14. A vicinity map indicating the names and location of all streets within at least a quarter-mile radius of the subject site;

15. Location and specifications of the manager’s office and dwelling unit;

16. The site plan shall be properly dimensioned and drawn at a scale not less than one inch equals 40 feet and on a sheet size 24 inches by 36 inches, more sheets may be allowed if necessary. A reproducible mylar and seven copies of the site plan shall be submitted at the time of application. (Ord. 4229 § 2, 1987.)

18.48.070 Yards.

A. The following may project from a building into a required yard setback:

1. Fireplace structures, bay windows, garden windows, enclosed stair landings, closets, framed fireplace shafts, wireless communications facilities or similar projections not wider than eight feet measured in the general direction of the wall of which it is a part: 18 inches into any yard;

2. Porches and Platforms.

a. Uncovered porches and platforms which do not extend above the floor level of the first floor: 18 inches into side yards and six feet into the front yard and rear yard; provided, that may extend three feet into the side yard when they do not exceed 18 inches in height above the finished grade;

b. Covered but unenclosed porches and platforms which do not extend above the floor level of the first floor and which are no wider than 50 percent of the building’s frontage: five feet into the front yard;

3. Planting boxes or masonry planter not exceeding 42 inches in height may intrude into any yard;

4. Eaves shall not protrude more than 24 inches into any minimum required yard;

5. Awnings, canopies, marquees and similar structures designed to primarily protect pedestrians from the weather elements. They shall be attached to and supported entirely by the building. The maximum projection shall be seven feet from the building.

Subsection (A)(5) of this section is also intended to allow these types of structures to project over public right-of-way. The maximum projection is still limited to seven feet and must comply with the Uniform Building Code (UBC) and Uniform Fire Code (UFC), and the requirements of the city engineer.

B. Special Front Yard Depth. If buildings existing on July 6, 1964, occupy 50 percent or more of the frontage in any block, and are on one side of the street, then the depth of the front yard required by this title shall be disregarded on that side of the street in such block, and in lieu thereof the depth of front yard required on each lot therein shall be not less than average depth of the front yards existing on July 6, 1964. This shall apply to residentially zoned property only.

C. Side Yard Width Reductions. In R2, R3, and R4 districts, where there exists a lot or tract of land on which it is possible to construct a single-family dwelling, and the lot or tract has width of less than 40 feet, then the required side yard width may be reduced to three feet. The street side yard width may not be reduced.

D. Lots with Significant Slopes. To encourage the preservation of natural features on lots with significant slopes, platted residential lots with an average slope of 15 percent or more may reduce the front yard setback by up to 20 percent; provided, however, that all structures must comply with applicable sight distance triangle requirements. This provision shall only apply to lots developed for a single-family residence but shall not apply to property zoned R-R (Rural Residential).

For the purposes of this section, the average slope shall be measured by taking the difference between the average elevations of the rear and the front lot lines. This provision is not intended to waive any other requirements of geotechnical reports or studies that may be necessary to ensure the suitability of a lot for development.

Development under this provision may also implement the yard exemptions identified in subsections (A)(1) through (A)(5) of this section. (Ord. 5799 § 1, 2003; Ord. 5020 § 1, 1997; Ord. 4470 § 1, 1990; Ord. 4304 § 1(32), 1988; Ord. 4229 § 2, 1987.)

18.48.080 Heliports.

The following development standards shall apply to all heliports, excluding those developed as part of the Auburn Airport.

A. Meet the Federal Aviation Administration (FAA) requirements;

B. Meet the current National Fire Protection Agency 403 requirements;

C. Be consistent with the Auburn Airport requirements;

D. The size of the landing pad must be one and one-half times the size of the largest helicopter to use the site;

E. The landing pad must be paved, and a source of water available to keep the pad clean, additional fences and/or screens may also be required to reduce any flying debris;

F. The location of the heliport shall be compatible with adjacent uses and should be located away from schools, and populated areas to include residential, commercial, industrial and other public use areas;

G. Additional requirements may also be assessed with regard to fences, hours of operation, lighting, setbacks or easements. (Ord. 4283 § 2, 1988.)

18.48.090 Work release, prerelease and similar facilities.

The following siting and performance standards shall apply to all work release, prerelease and similar facilities offering alternatives to imprisonment:

A. Maximum number of residents: No work release, prerelease or similar facility shall house more than 50 persons, excluding resident staff.

B. Dispersion criteria:

1. The lot line of any new or expanding work release, prerelease or similar facility shall be located:

a. 1,000 feet or more from any residential zone; and

b. 1,000 feet or more from any group residence facility as defined by ACC 18.04.440; and

c. 1,000 feet or more from any accredited public, private or parochial school, excluding commercial schools such as business, vocational or technical schools; and

d. 1,000 feet or more from any religious institution meeting the requirements of a conforming use and meeting all other requirements of the Auburn City Code; and

e. 1,000 feet or more from any public park; and

f. 1,000 feet or more from any licensed daycare center, nursery school or preschool as defined by ACC 18.04.290; and

g. One mile or more from any other work release, prerelease or similar facility.

2. The distances provided in this subsection shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the proposed use is to be located or expanded, to the nearest point of the parcel of property or the land use district boundary line from which the proposed land use is to be separated.

C. Each facility shall provide on-site dining, on-site laundry or laundry service, and on-site recreation facilities to serve the residents.

D. A conditional use permit application for a work release, prerelease or similar facility shall be accompanied by proposed operating rules for the facility. These proposed rules shall be reviewed by the planning director in consultation with the chief of police and the city attorney. The planning director shall include in any recommendation on the requested conditional use permit an analysis of the proposed rules as they may relate to the findings of fact required under ACC 18.64.040. (Ord. 4590 § 7 (Exh. F), 1992.)

18.48.100 Wireless communications facilities siting standards.

The following siting standards are intended to guide the location and development of wireless communications facilities (WCF) as defined by ACC 18.04.912 but not including microcells. The siting of microcells shall be in accordance with the definition of microcells found in ACC 18.04.912(G).

A. Separation between Facilities.

1. New, Freestanding Primary Support Structures.

a. The minimum separation, i.e., distance, between a proposed monopole (that is 75 feet or less in height) and any other existing primary support structure, of any height, shall be the height of the proposed monopole, including antenna, multiplied by a factor of 10.

b. The minimum separation, i.e., distance, between a proposed monopole (that is more than 75 feet in height, or lattice towers of any height) and any other existing primary support structure, of any height, shall be the height of the proposed monopole, including antenna, multiplied by a factor of 20.

2. The distance between primary support structures shall be measured by following a straight line, without regard to intervening buildings, from the base of one support structure to the base of the other support structure(s).

3. A primary support structure would be considered “existing” if a conditional use permit or administrative use permit has been issued and is still valid for sites which have not been built upon.

B. Co-Location Requirements.

1. For monopoles that are more than 75 feet in height and lattice towers of any height (Type 3‑B facilities), the owner of the property shall execute and provide evidence of a nonexclusive lease with the carrier that allows for other carriers to place antennas on the structure.

2. Any application for a Type 3-B facility shall include technical justification that an existing Type 3-B facility with a nonexclusive lease could not be used instead of constructing a new tower.

C. Height.

1. Unless otherwise provided for, the height of any primary support structure and/or antenna shall not exceed the height limitations of the zoning district.

2. The maximum height of any primary support structure shall not exceed 120 feet.

3. There shall be no variances allowed to the height limitations.

4. The carrier shall provide evidence that the Federal Aviation Administration (FAA) has approved the location of a primary support structure relative to the Auburn Municipal Airport.

5. Unless otherwise restricted by this section, building- or structure-mounted antennas may extend a maximum of 15 feet above the maximum height permitted for structures within the zone.

6. Antennas that are mounted on structures that do not otherwise have a height restriction may be allowed to increase the overall height of the structure by no more than 10 percent of the height of the structure unless additional approvals are obtained.

D. Setbacks.

1. All equipment shelters, cabinets, support structures or other above-ground facilities shall meet the setback requirements of the zone in which located except as follows. All equipment shelters, cabinets, or other above-ground facilities used to support primary support structures shall be set back the same distance required of the primary support structure. All equipment shelters, cabinets, or other above-ground facilities within a nonresidential zone shall be set back a minimum of 50 feet from any adjacent R zone.

2. The minimum distance from any primary support structure, of any height, to any residentially zoned parcel of property shall be a distance equal to the overall height of the primary support structure (including antennas) multiplied by a factor of two.

3. Where possible, roof-mounted antennas and equipment shelters and/or cabinets are to be placed towards the center of the building, or away from public views. Equipment shelters and/or cabinets shall be screened by a parapet or similar architectural feature.

E. Fencing and Landscaping.

1. Fencing. Fencing is required to enclose all above-ground support equipment that is associated with primary support structures. Fencing will be 100 percent sight-obscuring as defined in ACC 18.48.020(C)(2), if visible from public right-of-way or less intense zoning district. Equipment shelters and/or cabinets shall be enclosed by fencing a minimum of six feet in height.

2. Landscaping.

a. Where above-ground support equipment is visible from public right-of-way, a minimum width of five feet of Type II landscaping as defined in ACC 18.50.040 will be provided on the exterior of the enclosing fence in order to effectively screen the equipment from the public right-of-way.

b. Where facilities are visible from adjacent residential uses, a minimum width of five feet of Type I landscaping as defined in ACC 18.50.040 will be provided on the exterior of the enclosing fence in order to effectively screen the equipment from the adjacent residential uses.

c. Existing on-site vegetation may be used to meet the landscape requirements if approved by the planning director.

F. Aesthetics.

1. In order to minimize any potential, negative aesthetic impacts from new primary support structures including protecting views to and from residential neighborhoods, mitigation may be required to blend the facilities in with the adjacent development or environs. Typical solutions for the support structure might include: an extension of the building, a component of a sign structure, disguising the facility as a tree, planting of tall trees, moving the location of the facility, painting or texturing the facility, etc.

2. Building- or roof-mounted antennas will be painted or textured to “blend” with the adjacent surfaces.

3. No lettering, symbols, images or trademarks large enough to be legible to occupants of vehicular traffic on any adjacent street shall be placed on or affixed to any part of the WCF, unless required by the FCC or FAA.

4. Except as specifically required by the FAA (but must be approved by the city), freestanding primary support structures shall be painted a color that best allows them to blend into the surroundings. The use of grays, blues and greens might be appropriate; however, each application shall be evaluated individually.

G. Lighting.

1. Freestanding support structures shall not be artificially lighted, unless required by the FAA or other applicable authority. Any proposed lighting shall be submitted at the time of the initial application. Any lighting must be reviewed and approved by the city.

2. Security lighting used to light the equipment facility shall be directed downward, shielded and kept within the boundaries of the site.

H. Abandoned Facilities.

1. Any WCF which is not utilized for a period of nine months or more will be considered abandoned.

2. Any WCF which falls into a state of disrepair as determined by the planning director will be considered abandoned.

3. Any WCF considered to be abandoned must be removed completely within 90 days from the date of notification by the city’s code enforcement personnel. The code enforcement personnel may extend the 90-day period should a valid application for use of the facility be submitted to the city.

I. Noise. For the purposes of this section, WCF will be considered a Class B, commercial, noise source pursuant to WAC 173-60-040.

J. Supplemental Information Required for Applications. In addition to the information that is otherwise required for an application for a permit for a WCF, the following is also required:

1. For a new primary support structure and related equipment, the applicant shall provide the carrier’s master network plan for the city showing the carrier’s existing WCF locations and narrative explaining the potential WCF locations over the next year, if known. The applicant shall also provide technical justification supporting the need for the height of the primary support structure and why a shorter support structure could not be utilized. Any application for a Type 3-B facility shall provide technical justification as to why a Type 3-A facility could not be utilized instead to adequately serve the Auburn community.

2. Narrative description of the facility including whether there is capacity of the proposed structure for more antennas, methods for minimizing visual impacts of the facilities, etc.

3. A color swatch for the proposed primary support structure.

4. Photographs or similar illustrations that show a reasonable likeness of the proposed facility including the antenna arrays and above-ground support equipment.

K. Zoning Districts in Which WCF Are Permitted. The following table illustrates which zoning districts the types of facilities, as defined by ACC 18.04.912(J), are allowed in and which permits are required. Microcells, as defined by ACC 18.04.912(G), are allowed only in residential zones and shall be permitted outright pursuant to the provisions of ACC 18.04.912(G).


	Type of Permit Required
Zoning District	Permitted Outright	Administrative Use Permit	Conditional Use Permit
All Zones	1-D	1-D1	1-D2
RO-H	1-A	1-B	1-C
C-N	1-A	1-B	1-C
C-1, LHC1	1-A	1-B	1-C
C-2, DUC	1-A	1-B	1-C
C-3	1-B, 2-A	1-C, 2-B, 3-A	3-B
M-1, EP	1-B, 2-A	1-C, 2-B, 3-A	3-B
M-2	1-B, 2-A	1-C, 2-B, 3-A	3-B
P-1, LHP1	1-B, 2-A	1-C, 2-B	3-A3
I, LHI	1-A	1-B	1-C
LF	1-A	1-B	1-C

1Allowance for the WCF to extend to a height of 20 percent of the supporting structure.

2Allowance for the WCF to extend to a height of 30 percent of the supporting structure.

3The maximum height allowed, including antennas, is 45 feet.

L. Exemptions.

1. Unless otherwise provided for, the following are exempt from the provisions of this section:

a. Microcells as defined by ACC 18.04.912(G).

b. Mobile testing facilities/equipment used to test network limitations. The facilities/equipment shall not be at any one location for more than 14 days and shall otherwise meet the requirements of any other ordinance, regulation or code provision.

2. The following is exempt from the provisions of subsection A of this section, Separation between Facilities:

a. Emergency communication systems operated by a local public agency responsible for providing emergency services. (Ord. 6071 § 3, 2007; Ord. 6036 § 2, 2006; Ord. 5645 § 1, 2002; Ord. 5342 § 2, 2000; Ord. 5020 § 1, 1997.)

18.48.110 Wetland mitigation.

The following siting criteria shall apply to all wetland mitigation site construction within the city of Auburn, the purpose of which is to mitigate the impacts of a project that is not located within the city of Auburn. Off-site wetland mitigation construction that is associated with a project that is located within the city of Auburn shall be reviewed concurrently with that proposal and will not be subject to the following:

A. Definitions.

1. “Wetland mitigation site construction,” for the purposes of this section, means the construction of new wetlands on existing nonwetland property and/or the enhancement of existing wetlands.

B. Siting Criteria. Wetland mitigation site construction may be allowed within any zoning district within the city of Auburn subject to all of the following criteria. At a minimum the proponent of wetland mitigation site construction shall apply for and receive from the city of Auburn a grading permit before said construction begins.

1. The wetland mitigation site must be linked to and be compatible with a comparable naturally occurring ecosystem, e.g., another wetland, river, stream, etc. The constructed wetland mitigation site cannot be an isolated mitigation site.

2. Only a public agency may propose a wetland mitigation site pursuant to this section. Before starting construction the public agency proposing the wetland construction must have an approved budget that has sufficient financial capability to construct the wetland mitigation project. The public agency must also provide the city a written commitment to complete the project, to the city’s satisfaction, once construction starts.

3. The project, outside of Auburn, that is creating the need for the wetland mitigation shall be a public project of a regional or statewide significance and shall be a benefit to the general public. The proponent shall demonstrate to the city’s satisfaction that it is impractical to mitigate wetland impacts in the jurisdiction and/or drainage basin where the wetland impact occurs.

4. There must not be a loss of buildable upland property such that it would be a financial burden to other properties in the area, or the city, with regard to funding capital improvement projects. This would include, but not be limited to, the participation or potential participation in local improvement districts (LIDs), the financial participation in city of Auburn capital improvement projects, or system development charges. Financial contributions may be used to off set the loss of the financial participation and shall require a separate legal binding contract to be executed between the city and the public agency.

5. There must not be a loss of buildable upland property that would diminish the city’s ability to meet its responsibilities with regard to the Growth Management Act or comprehensive plan. (Ord. 5128 § 1, 1999.)

18.48.120 Accessory dwelling units.

Accessory dwelling units are permitted outright in all residential zoning districts, that permit single-family homes, and may be developed with new or existing single-family homes. The development standards of the underlying zoning district and the following siting and performance standards shall apply to all accessory dwelling units as defined by ACC 18.04.018.

A. The home or accessory dwelling unit must be the principal place of residence for the homeowner.

B. Only one accessory dwelling unit may be permitted per single-family residence.

C. An accessory dwelling unit shall not be larger than 50 percent of the square footage of the single-family home with garage space not being included in the calculation. In no case shall the accessory dwelling unit be more than 800 square feet, nor less than 300 square feet, nor have more than two bedrooms.

D. Exterior Appearance/Modifications.

1. Any alterations shall not change the appearance from that of a single-family residence, as determined by the planning director.

2. Only one exterior entrance is allowed to the accessory dwelling unit and it can be located no closer than 10 feet to an adjoining property line.

3. Any exterior stairs shall be placed in the rear or side yard and are no closer than 10 feet to an adjoining property line.

4. Where garage space is converted to living space the garage door shall be replaced with materials that match the exterior of the house. If a detached garage is converted its appearance must still be that of a detached garage and the detached garage must be able to be used for parking of at least one vehicle.

E. Parking Requirements.

1. The parking required for the existing single-family home must meet all requirements of the zoning code including amount, size and setback requirements in order for an accessory dwelling unit to be allowed.

2. One additional parking space, beyond those required for the single-family home, is required for an accessory dwelling unit. The additional parking space must also meet all requirements of the zoning code.

3. Newly created parking shall make use of existing curb cuts, when possible.

F. An accessory dwelling unit may not be sold as a separate piece of property, or as a condominium unit, unless allowed by the existing zoning on the property.

G. Any homeowner seeking to establish an accessory dwelling unit shall apply for approval in accordance with the following procedures:

1. The homeowner shall apply for an accessory dwelling unit permit with the building division. A complete application shall include a properly completed application form, floor and structural plans, fees and an affidavit of owner residency. The affidavit of owner residency must be signed before a notary public affirming that the owner meets the requirements of subsections A through E of this section.

2. Before issuance of the accessory dwelling unit permit, the homeowner must provide a copy of a statement recorded with the county records and elections office. The statement must read:

A permit for an accessory dwelling unit has been issued, by the city of Auburn, to the owner of this property. Future owners are advised that the owner of the property must comply with all requirements of section 18.48.120 of the Auburn Zoning Code, as amended, if the accessory dwelling unit is to be occupied or rented.

H. If an accessory dwelling unit is to be removed, appropriate permits and inspections must first be received from the Auburn building division. If a homeowner wants to remove the statement as required by subsection (G)(2) of this section, from the property’s title, then the city shall issue an appropriate release upon evidence that the accessory dwelling unit has been removed. The release shall be recorded, by the homeowner, with the county records and elections office and a copy of the recorded release shall be provided to the Auburn building division. (Ord. 5399 § 1, 2000.)

18.48.130 Development standards for panhandle lot access and private access tracts.

A. Panhandle Lot Access.

1. The maximum length of a panhandle lot access within the R-1, LHR1, R-2, LHR2, R-3, LHR3, R-4, LHR4, RO zones and residential PUDs shall be 150 feet. When there are unique physical limitations of the property including but not limited to steep slopes, significant vegetation, or sensitive environmental areas that would be impacted less if a longer panhandle length were provided then the planning director may allow additional length. The planning director may also allow for additional length if there is an existing intervening parcel of the property (that has a lot depth greater than 150 feet) between the proposed panhandle lot and the abutting street. There shall be no limitation of length within the other zoning districts of the city.

2. The minimum width of a panhandle access for one single-family home shall be 20 feet and the minimum pavement width shall be 11 feet unless the panhandle access is needed for a fire lane then 20 feet is required. The minimum width of a panhandle access that serves two to four dwelling units shall be 20 feet and the minimum pavement width shall be 18 feet unless the panhandle access is needed for a fire lane then 20 feet is required. The minimum width of a panhandle access that serves more than four dwelling units shall be 24 feet and the minimum pavement width shall be 20 feet. All nonresidential panhandle accesses shall meet all the construction standards of private streets as contained in Section 2.05 of the Design and Construction Standards Manual.

3. If two panhandle accesses within the same plat abut each other then one common paved driveway, spanning both panhandles, may be provided as part of the two panhandles. The pavement width of the driveway shall be determined using the same methodology as subsection (A)(2) of this section.

4. If more than two panhandle accesses within the same plat abut each other then a separate access tract shall be required in lieu of the separate panhandle accesses. The access tract shall meet the requirements of subsection B of this section.

B. Private Access Tracts and/or Easements.

1. Private access tracts and/or easements will be allowed when it is physically impractical to provide a lot with direct access to a public street due to unique physical limitations of the property including but not limited to steep slopes, significant vegetation, or sensitive environmental areas. If the lot abuts an arterial an access tract may also be allowed to provide an alternate access to the lot if it is impractical to provide for another public street due to the aforementioned physical limitations. The use of access tracts cannot preclude or hinder the alignment of future public streets that would otherwise serve the area.

2. Access tracts and/or easements can only be created through a plat process pursuant to Chapters 17.06 and 17.14 ACC. Ownership and maintenance responsibilities will also be determined as part of the plat process.

3. The maximum number of lots to be served by one access tract shall be six. There shall be no parking allowed within the access tract unless it meets the private street standards of Section 2.05 of the Design and Construction Standards Manual. If a lot abuts both an access tract and a public or private street then the front lot line shall be oriented to the public or private street.

4. All access tracts and/or easements must connect to a public street and the maximum length shall be 150 feet as measured from the edge of the public street right-of-way. Additional length may be allowed if the unique physical limitations of the property including but not limited to steep slopes, significant vegetation, or sensitive environmental areas would be impacted less if additional length were provided. The access tract shall not allow for through vehicle access.

5. Private access tracts and or easements shall meet all the construction standards of private streets as contained in Section 2.05 of the Design and Construction Standards Manual; except an access tract that serves up to four dwelling units shall be a minimum of 20 feet wide and the pavement width shall be a minimum of 18 feet unless the access is needed for a fire lane then a 20-foot pavement width is required. An access tract that serves more than four dwelling units shall be 24 feet wide and the pavement width shall be 20 feet.

C. Emergency Access Provisions. Irrespective of the requirements of this section, additional provisions may be required if needed to provide for adequate emergency access as determined by the Auburn fire marshal. The additional provisions may include but not be limited to providing for turnarounds, additional access tract width, fire hydrants or sprinklering of the building. (Ord. 5533 § 1, 2001.)

18.48.140 Gated residential subdivisions.

The street(s) within a residential subdivision may be allowed to be gated pursuant to the following:

A. Gated streets cannot adversely affect the automobile or pedestrian traffic of an existing or future neighborhood. This will be determined by (1) the use of gated streets would not cause discontinuity in the existing or proposed public street system (i.e., street layout) including pedestrian traffic, (2) the use of gated streets cannot preclude public street access to other properties, and (3) the use of gated streets would not distribute an unacceptable amount of traffic through an existing or future neighborhood than would otherwise result if through public streets were used.

B. Gated residential subdivisions of more than four lots can only be permitted as part of the plat process pursuant to Chapter 17.06 ACC. Existing plats, proposed to be gated, must go through a plat alteration process pursuant to Chapter 17.22 ACC as well as meet all the requirements of this section. Short plats, proposed or existing, need only meet the requirements of subsection F of this section in order to be gated if a private street serves all lots.

C. The gated streets are to be privately owned and maintained. The private streets must however meet the same design, construction, and public facility extension standards required of public streets, including approval of the construction by the city.

Private streets are only allowed to serve more than six lots if part of a gated residential subdivision.

D. A legally incorporated property owners’ association must be established and assume the responsibility and cost to repair and maintain the proposed private street(s) and gate(s). The property owners must also agree to maintain a policy of liability insurance in a minimum amount of $1,000,000 of which the city is named as insured to protect the city from any claims that may result from the property owners’ utilization of a gated roadway, including but not limited to malfunctions of the gate.

If the association fails to maintain the street(s) the by-laws of the association must give the city the right to maintain the street(s) and charge the cost of the maintenance, including any administrative costs, to the association members.

The by-laws establishing the association must state that if future owners should request the private street(s) be changed to public then the owners fully agree that, before the acceptance of such streets by the city, the owners will bear the full expense of reconstruction or any other action necessary to make the streets substantially consistent with the requirements of public streets, applicable at the time.

If at any time the private streets are converted to public streets then the gate(s) shall be removed.

E. At the time of application for a preliminary plat or plat alteration the applicant shall address and provide evidence that those items as required in subsections A, B, C, D, and F of this section have been fulfilled. A preliminary plat or plat alteration shall not be approved unless it is found to meet the requirements of this section.

F. Design Standards for All Entry Gates to Residential Developments Including Residential Subdivisions, Apartment Complexes, Condominiums, and Mobile Home Parks.

1. A vehicle turnaround, turnout or similar mechanism shall be provided in front of the gate. The entrance to the proposed gate shall be designed and stamped by a licensed registered traffic engineer and shall allow for a safe turnaround for vehicles in front of the gate in cases where the vehicle is denied entry. The design for the gated entrance shall consider the abutting public roadway alignment and grade, sight distance, posted speeds and other traffic engineering criteria relevant to designing the particular gated entrance. The proposal shall be reviewed for approval by the city engineer.

2. Gate construction shall be of wrought iron or similar material approved by the planning director and be constructed in such a manner to allow for viewing of obstructions located within the swing path of the gate. The swing path of the gate shall be away from or parallel with the vehicle approaching the gate. The gate and accessory equipment shall be coated to prevent corrosion.

3. If the entry gate(s) obstructs access to solid waste collection, public water, sewer, or storm water utilities owned and maintained by the city, then a property owner or homeowners’ association will be responsible for assuring that 24-hour access is provided to the city. The city’s public works director shall determine a specified number of activation keys, activation devices or receive the access code to the gate which shall be distributed to the appropriate city departments. If the access method to the gate is subsequently modified then the property owner or homeowners’ association shall notify the public works director and again provide to the public works director a specified number of activation keys, activation devices or the access code to the gate which shall be distributed to the appropriate city departments.

4. Emergency Access Provisions. Gates shall have rapid entry key capabilities as approved by the fire marshal. The gate shall provide for 20 feet of clear passage for emergency access with a minimum clear height of not less than 16 feet 6 inches in accordance with WSDOT Design Manual Section 1120.04 “Bridge Site Design Elements” paragraph 5(a)1. Electrically operated gates shall have the capability to automatically default to the unlocked (open) position in the event of a power outage. (Ord. 5557 § 1, 2001.)

18.48.150 Secure community transition facilities.

The following siting and performance standards shall apply to all secure community transition facilities (SCTFs) as defined in RCW 71.09.020:

A. Maximum Number of Residents. No SCTF shall house more than 15 persons, excluding resident staff.

B. Siting Criteria. As an essential public facility of regional or statewide importance, any SCTF shall be sited consistent with the essential public facilities process in the Auburn comprehensive plan and shall be located in the region serving area of Auburn, as defined and mapped in the Auburn comprehensive plan. This area is generally west of “A” Street Southwest and Auburn Way, excluding the downtown planning area. Such facilities should be located in relationship to transportation facilities in a manner appropriate to their transportation needs. Extensive buffering from adjacent uses may be required.

C. Dispersion Criteria.

1. The lot line of any new or expanding SCTF shall be located:

a. One thousand feet or more from any residential use; and

b. One thousand feet or more from any group residence facility as defined by ACC 18.04.440; and

c. Not adjacent to a parcel containing nor within the line of sight of any of the following:

i. Any accredited public, private or parochial school;

ii. Any religious institution in existence as of the effective date of the ordinance codified in this section;

iii. Any public park, publicly dedicated trail, sports field, playground, or recreational or community center;

iv. Any licensed daycare center, nursery school or preschool as defined by ACC 18.04.290;

v. Any school bus stop in existence at the time the facility is proposed;

vi. Any public library; and

vii. Any other facilities as identified by the State of Washington Department of Social and Health Services following the hearings on a potential site as required in RCW 71.09.315;

d. One mile or more from any work release, prerelease or similar facility.

2. The distances provided in this subsection shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the proposed use is to be located or expanded to the nearest point of the parcel of property or the land use district boundary line from which the proposed land use is to be separated.

3. The “adjacent to a parcel containing nor within the line of sight” criterion is a minimal guideline established to minimize the access between an SCTF and a “risk potential activity” as defined in RCW 71.09.020. That criterion may be altered depending on topographic conditions, size of parcels, or substantial intervening barriers to access (e.g., a river).

D. A conditional use permit application for an SCTF shall be accompanied by the following:

1. The siting process used for the SCTF, including alternative locations considered;

2. An analysis showing that utmost consideration was given to potential sites such that siting of the facility will have no undue impact on any one racial, cultural, or socio-economic group, and that there will not be a resulting concentration of similar facilities in a particular neighborhood, community, jurisdiction, or region;

3. Proposed mitigation measures;

4. A detailed plan that demonstrates how security for the facility and the residents will be addressed, and how the security plans will be coordinated with local emergency personnel;

5. A detailed plan on how the proposed operating rules for the facility will be developed and coordinated with local emergency personnel;

6. A schedule and analysis of all public input solicited or to be solicited during the siting process, including assurance that comments are reviewed and adequately responded to; and

7. A preliminary landscaping plan that shows how the proposal intends to meet the requirements of the zone in which it is located, in order to comply with state regulations for siting an SCTF and in order to provide appropriate visual separation between the SCTF and neighboring land uses such that impacts to residents of an SCTF by neighboring manufacturing uses are mitigated.

These proposed materials shall be reviewed by the planning director in consultation with the chief of police and the city attorney. The planning director shall include in any recommendation on the requested conditional use permit an analysis of the proposal as they may relate to the findings of fact required under ACC 18.64.040. (Ord. 5690 § 4, 2002.)