Chapter 18.31
SUPPLEMENTAL DEVELOPMENT STANDARDS

Sections:

18.31.010    Daycare standards.

18.31.020    Fences.

18.31.030    Height limitations – Exceptions.

18.31.040    Lots.

18.31.050    Single-family dwelling siting and design standards.

18.31.060    Recreational vehicle parks.

18.31.070    Setbacks.

18.31.080    Heliports.

18.31.090    Work release, prerelease and similar facilities.

18.31.100    Wireless communications facilities siting standards.

18.31.110    Siting of microcells.

18.31.115    Wetland mitigation.

18.31.120    Accessory dwelling units.

18.31.130    Reserved.

18.31.140    Gated residential subdivisions.

18.31.150    Secure community transition facilities.

18.31.160    Supportive housing development standards.

18.31.170    Reserved.

18.31.180    Performance standards.

18.31.190    Supplemental development standards for residential mobile home communities.

18.31.200    Multifamily development and mixed-use development design standards and procedures.

18.31.210    Agricultural enterprises development standards.

18.31.220    Permitted animals.

18.31.230    Table of allowed districts.

18.31.010 Daycare standards.

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. Daycare, preschool and nursery school services shall not be conducted before 5:00 a.m. or after 9:00 p.m. in the following zones: RC, R-1, R-5, R-7.

B. The provisions of subsection A of this section are not intended to reduce the requirements of any other licensing agency or department. (Ord. 6245 § 15, 2009.)

18.31.020 Fences.

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-1, R-5, R-7, R-10, R-16, R-20, R-MHC, RO, RO-H, I, C-N, C-1, C-2, and DUC zones:

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:

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

ii. Side setback: 72 inches;

iii. Rear setback: 72 inches;

iv. Street side setback: 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. Building permits are required for fences exceeding six feet in height.

B. Special Height Restrictions.

1. There shall not be anything constructed or reconstructed, and no obstruction permitted, within the sight distance triangle area as required by city of Auburn engineering 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.

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 such that it deters or hinders the fire authority from gaining access to any fire authority connection, fire protection control valve, fire hydrant, or fire authority appliance or device. Minimum clearance requirements for fire hydrants shall be in accordance with the city design and construction standards.

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 in the above zones, provided it does not extend more than one additional foot in height.

G. Any fence located within a front setback that features a locking gate or similar security device shall provide emergency access in a manner acceptable to the fire marshal. (Ord. 6245 § 15, 2009.)

18.31.030 Height limitations – Exceptions.

The following buildings and/or structures are exempt from 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 public use zone only. (Ord. 6245 § 15, 2009.)

18.31.040 Lots.

A. All lots shall meet the lot area and width requirements set forth in the applicable zone, except that for parcels created prior to June 1, 2009, the following standards shall apply. For any residentially zoned parcel of land created prior to June 1, 2009, with an area and/or a width or depth less than that prescribed for a lot in any residential zone, 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; provided, that the requirements for access, utility infrastructure, and minimum sight distance as provided for in the city design construction standards, and the requirements for private utilities, can be met:

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 60 percent, unless otherwise allowed by this title.

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

(A/B) * C = D

A = Lot area of existing lot.

B = Lot area required by zoning code.

C = Front or rear setback required by zoning code.

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

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

c. Side Setbacks. Side 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 setback required by zoning code.

D = Side setback allowed for the substandard lot.

In no case shall the interior side setback be less than five feet or the street side 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, No. 2204. See ACC 17.04.220 for definition of “lot of record.”

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. See ACC 17.04.220 for definition of “lot of record.” (Ord. 6245 § 15, 2009.)

18.31.050 Single-family dwelling siting and design standards.

A. All single-family dwellings (including manufactured homes) located in residential zones 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 USC 5401 through 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 single-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 single-family dwellings sited within the R-MHC residential manufactured/mobile home community zone. (Ord. 6245 § 15, 2009.)

18.31.060 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 this title. 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 areas, 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 the 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 appropriate county department of health. 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 planning director shall approve the site plan for all recreational vehicle parks with concurrence of the city engineer. 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. (Ord. 6245 § 15, 2009.)

18.31.070 Setbacks.

A. The following may project from a building into a required setback; provided, that such projection does not interfere with required utility easements or sight distance requirements pursuant to city design and construction standards:

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 setback; provided, that such projection does not interfere with required utilities easements or sight distance requirements pursuant to city design and construction standards;

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 setbacks and six feet into the front setback and rear setback; provided, that they may extend three feet into the side setback 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 setback;

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

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

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. The projection, if approved by the city, must comply with the International Building Code (IBC) and International Fire Code (IFC), and an approved right-of-way use permit subject to the requirements of Chapter 12.60 ACC.

B. Special Front Setback 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 setback required by this title shall be disregarded on that side of the street in such block, and in lieu thereof the depth of front setback required on each lot therein shall be not less than the average depth of the front setbacks existing on July 6, 1964. This shall apply to residentially zoned property only.

C. 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 setback by up to 20 percent; provided, however, that all structures must comply with applicable sight distance triangle requirements of the city design and construction standards. This provision shall only apply to lots developed for a single-family residence but shall not apply to property zoned RC (residential conservancy).

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 setback exemptions identified in subsections (A)(1) through (A)(5) of this section. (Ord. 6245 § 15, 2009.)

18.31.080 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 Municipal 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. 6245 § 15, 2009.)

18.31.090 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. One thousand feet or more from any residential zone; and

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

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

d. One thousand 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. One thousand feet or more from any public park; and

f. One thousand 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. 6245 § 15, 2009.)

18.31.100 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) on properties regulated under this title. The siting of microcells shall be in accordance with siting of microcells found in ACC 18.31.110.

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 zone.

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 18.31.020(C)(2), if visible from a public right-of-way or less intense zone. Equipment shelters and/or cabinets shall be enclosed by fencing a minimum of six feet in height. Fencing shall meet the sight distance requirements of the city design and construction standards.

2. Landscaping.

a. Where above-ground support equipment is visible from a 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. Landscaping shall meet the sight distance requirements of the city design and construction standards.

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 on 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. Zones in Which WCF Are Permitted. The following table illustrates which zones 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
Zone	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	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	1-B, 2-A	1-C, 2-B	3-A3
I	1-A	1-B	1-C
LF	1-A	1-B	1-C

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

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

3. The 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. 6245 § 15, 2009.)

18.31.110 Siting of microcells.

The following siting standards are intended to guide the location and development of microcells as defined by ACC 18.04.912 but not including wireless communications facilities (WCF). The siting of wireless communications facilities shall be in accordance with siting of wireless communication facilities found in ACC 18.31.100.

A. Siting Criteria for Microcells.

1. Panel antennas shall be incorporated into the design of the existing structure using painting, flush mounting or other concealment methods.

2. The equipment cabinets and other ground support equipment shall be located in an area that is no larger than 16 square feet. The height of the equipment shall be no more than four feet. The equipment shall be designed to be compatible with the residential neighborhood the project shall provide a minimum width of five feet of Type II landscaping as defined in ACC 18.50.040 or fencing or a combination of these or similar features.

3. There shall be a 300-foot separation between any microcells.

4. The antennas must be located on light poles, power poles or similar public utility poles that are either owned/operated by the city of Auburn or owned/operated by a utility provider operating with an appropriate franchise if approved by the city engineer. The equipment cabinets may be located on private property.

5. Anyone wishing to establish a microcell or associated components shall make application to the planning director upon application forms provided by the planning director. The planning director shall review each application and may be empowered to approve, deny or modify the proposal. (Ord. 6245 § 15, 2009.)

18.31.115 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. “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 zone 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 offset 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. 6245 § 15, 2009.)

18.31.120 Accessory dwelling units.

Accessory dwelling units are permitted outright in all residential zones that permit single-family homes, and may be developed with new or existing single-family homes. The development standards of the underlying zone 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 950 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 setback and 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 city. 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:

An application for a permit for an accessory dwelling unit has been submitted to the city of Auburn by the owner of this property. Future owners are advised that the owner of the property must comply with all requirements 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 city. 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 city. (Ord. 6245 § 15, 2009.)

18.31.130 Reserved.

Reserved. (Ord. 6245 § 15, 2009.)

18.31.140 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 17.10 ACC. Existing plats, proposed to be gated, must go through a plat alteration process pursuant to Chapter 17.20 ACC as well as meet all the requirements of this section.

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 at the expense of the association.

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 professional civil engineer licensed in the state of Washington 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 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 required to meet all easement requirements and 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 six 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. 6245 § 15, 2009.)

18.31.150 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. 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 socioeconomic 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. 6245 § 15, 2009.)

18.31.160 Supportive housing development standards.

A. Supportive housing projects allowed pursuant to ACC 18.07.020 shall comply with the following standards:

1. Minimum lot area per unit: 1,200 square feet.

2. For lots with an area of up to one acre, the maximum number of units allowed is 25; for lots with an area greater than one acre, the maximum number of units allowed is 50.

3. Maximum lot size: two acres.

4. Minimum separation from other supportive housing projects: five miles.

5. Maximum unit size: 450 square feet (on-site manager unit excepted).

6. Shall provide an on-site resident manager who is accountable to the owner or manager of the supportive housing project.

7. Appropriate off-site support services shall be available within 1,000 feet. Off-site support services shall provide residents with case management services, medication monitoring, help with vocational training and goals, access to chemical dependency services, assistance with activities of daily living, etc.

8. Registered sex offenders shall not be allowed to reside within supportive housing projects located within 880 feet of a school, church, daycare facility or public park.

9. A written management plan shall be provided for the review and approval of the planning director. At a minimum, a management plan shall address the following:

a. The specific nature of the supportive housing project and its intended occupants;

b. Its potential impact on nearby residential uses and proposed methods to mitigate those impacts;

c. Identification of the project management or agency to whom support staff are responsible and who will be available to resolve concerns pertaining to the facility;

d. Identification of staffing, supervision and security arrangements appropriate to the facility;

e. If the planning director determines at any time there is evidence of fraud in obtaining the permit; concealment or misrepresentation of any material fact on the application or on any subsequent applications or reports; or that the supportive housing project is found to be in violation of the approved plans, conditions of approvals, or the terms of the permit or management plan, and the owner has failed to correct the violation after proper notice thereof; then the planning director may order the closure of the project.

10. If a supportive housing project is discontinued or abandoned, future use of the property shall be in conformance with the use and development standards of the R-20 zone. (Ord. 6245 § 15, 2009.)

18.31.170 Reserved.

Reserved. (Ord. 6245 § 15, 2009.)

18.31.180 Performance standards.

A. General. The following performance standards specifically govern industrial, manufacturing, processing, assembly and similar type uses typically found within the industrial zones. These standards may also apply to other uses and activities in other zones, which are not otherwise governed by other regulations of the Auburn City Code.

B. Noise. The noise emanating from the premises of commercial or industrial activities shall be muffled so as to not become objectionable due to intermittent beat, frequency or shrillness, and shall not exceed those standards as determined by Chapter 173-60 WAC, as amended.

C. Glare. Exterior lighting shall not be used in such a manner that it produces glare on public streets and neighboring property. This restriction also applies to any other nonresidential zone or use adjacent to single-family zones. Arc welding, acetylene torch cutting or similar processes shall be performed so as not to be seen from any point beyond the property line of the use creating the glare.

D. Storage and Handling of Flammables. In terms of fire and safety hazards, the storage and handling of flammable liquids, combustible liquids, liquefied petroleum gases and explosives shall comply with the rules and regulations of the International Fire Code, as amended.

E. Electrical Interference. Provisions must be made for necessary shielding or other preventive measures against interference occasioned by mechanical, electrical and nuclear equipment uses or processes with electrical apparatus in nearby buildings or land uses.

F. Odorous Gases and Matter. The emission of odorous gases or matter in such quantities as to be readily detectable, without special instruments, at any point beyond the property line of the use creating the odors is prohibited.

G. Smoke and Particulate Matter Emissions. No emissions shall exceed the allowances set forth by the Environmental Protection Agency, the Washington State Department of Ecology and/or the Puget Sound Air Pollution Control Agency.

H. Dust, Dirt, Fly Ash, or Airborne Solids. No observable dust, dirt, fly ash or other airborne solids shall be emitted except as related to construction activity or permitted in Chapter 18.62 ACC, Surface Mining.

I. Waste Storage. Storage of animal or vegetable wastes which attract insects or rodents or otherwise create a health hazard shall be prohibited. No waste products shall be exposed to view, from eye level, beyond the property line of the use storing the waste.

J. Toxic Gases and Matter. No emissions of toxic gases or matter shall be permitted.

K. Vibration. Vibration which is easily discernible, without special instruments at any point beyond the property line, is prohibited. This shall not apply to vibration caused by highway vehicles, trains, aircraft or construction activities.

L. Hazardous Substance and Waste. No hazardous substances or wastes shall be released into the environment so as to cause dangerous or offensive emission or contamination of any public or private water supply, sewage treatment processes, watercourse or water body, the air or the ground, except in accordance with standards approved by provisions of federal, state and local laws and regulations. (Ord. 6245 § 15, 2009.)

18.31.190 Supplemental standards for residential mobile home communities.

Supplemental development standards for the R-MHC district are as follows:

A. Recreational Vehicle Storage Area. A fenced and screened storage area shall be provided, the size of which shall be 300 square feet of area for each 10 homes. The storage area shall not abut property other than that which is zoned R-MHC.

B. Recreation Area. A central recreation area shall be established in each community created pursuant to the provisions of this chapter. The size of the area shall be at least 200 square feet per home site. The recreation area may contain community clubhouses, swimming pools, shuffleboard courts and similar facilities. The planning director may permit decentralization of the recreation facilities in accordance with principles of good planning; provided, that the total recreation area meets the above stated minimum size.

C. Space Identification. Each manufactured home site shall be plainly marked and numbered for identification.

D. Community Office. Every community shall provide a permanent building to be used as an office for community management.

E. Streets. Internal private community streets shall be provided in such a pattern as to provide convenient traffic circulation, including fire and other equipment responding to emergencies, within the community. They shall be built to the following standards:

1. The width of all private community streets shall be not less than 34 feet including curbs. Street widths of 24 feet may be permitted in communities; provided, that adequate off-street parking is provided at the ratio of one off-street parking space for each manufactured home site within the community. The location and placement of the off-street parking spaces will be subject to approval by the planning director. No on-street parking will be permitted on street widths of less than 34 feet and signs designating “no parking” and “fire lane” must be placed on both sides of the street and so marked on the final plans.

2. All public streets abutting a community shall be improved in conformance with the city’s design and construction standards.

3. There shall be curbing constructed to city design and construction standards on each side of all private community streets.

4. The private community streets shall be paved in accordance with the city’s design and construction standards.

5. Private community streets shall be lighted in accordance with the city’s design and construction standards.

6. Minimum radii on private community street curves shall not be less than 45 feet.

F. For those communities that had been approved prior to June 15, 1987, the adoption date of Zoning Ordinance No. 4229, the placement or replacement of any home shall either be in conformance with this chapter or the site plan which had been previously approved by the city. For those communities which do not have an approved site plan, the replacement of a home shall either be consistent with this chapter or the location of the previous home. In no case shall any applicable fire or building code requirements be lessened. (Ord. 6245 § 15, 2009.)

18.31.200 Multifamily development and mixed-use development design standards and procedures.

A. Applicability. The following development activities, including all related site improvements, are subject to the design standards, processes and procedures for conducting design review contained in this chapter:

1. Multifamily development inclusive of triplexes and fourplexes in all zones in the city where permitted outright or as a conditional use and not otherwise addressed through the city’s infill design standards; and

2. Mixed-Use Residential Development. Mixed-use development containing residential living units in all zones in the city where permitted outright or as a conditional use; and,

3. Retirement apartments, congregate living facilities and senior housing complexes in all zones in the city where permitted outright or as a conditional use.

B. Exemptions. The following activities as determined by the planning director shall be exempt from the provisions of the design standards:

1. Any building activity that does not require a building permit; or

2. Interior construction work which does not alter the exterior of the structure; or

3. Normal or routine building and site maintenance/repair that is exempt from permit requirements including the repair or maintenance of structural members; or

4. Interior alterations that do not alter the exterior appearance of a structure or modify an existing site condition; or

5. Site and exterior alterations that do not exceed 10 percent of the assessed valuation of the property building or land per the most recent county records; or

6. Building additions that are less than 10 percent of the existing floor area of the existing building. Any cumulative floor area increase from the adoption date of the ordinance establishing these design standards that totals more than 10 percent shall not be exempt unless the planning director determines compliance with these standards would be unfeasible and/or unreasonable.

C. Description and Purpose. The design regulations are intended to be consistent with and administered to help implement the policies of the comprehensive plan. The purposes of these design review regulations are to:

1. Foster good decision-making for multifamily and mixed-use development in architectural and site design within the context of the community’s built and natural environmental character, scale and diversity;

2. Promote the scale of buildings and the configuration of open space and parking areas for multifamily and mixed-use development to safely and comfortably accommodate pedestrian activities;

3. Discourage placement of multiple-family and mixed-use complexes around large expanses of vehicular circulation and parking without providing adequate places for recreational and play activities;

4. Discourage monotony in building design and in the arrangement of multiple-family and mixed-use complexes, while promoting harmony among distinct building identities; and

5. Mitigate, through design and site plan measures, the visual impact of large building facades, particularly those which have high public visibility (these standards encourage creative use of architectural and landscape features so as to reduce the actual and perceived scale and bulk of multifamily and mixed-use structures).

D. Design Standards. Adopted by reference are the city of Auburn multifamily and mixed-use design standards, a copy of which shall be maintained by the city clerk. This document contains standards for development of the built environment pertaining to multifamily and mixed-use development in applicable city zones. The planning director or designee shall have the authority to apply the standards to specific development proposals. These standards may be amended upon approval by the planning and development committee of the Auburn city council.

E. Timing of Administrative Design Review.

1. Design review shall be conducted by the planning director or designee as a part of site plan review pursuant to building permit issuance and/or review of discretionary land use permits.

2. A pre-application conference is strongly recommended but not required for multifamily development inclusive of triplexes and fourplexes located within R-5 and R-7 zones not otherwise addressed through the city’s infill design standards.

3. A pre-application conference is required for multifamily development in the R-10, R-16, R-20 zones.

4. A pre-application conference is required for mixed-use development containing residential living units located within R-10, R-16 and R-20 zones, and all current commercial zones;

5. A pre-application conference is required for retirement apartments, congregate living facilities and senior housing complexes located within R-10, R-16 and R-20 zones, and all current commercial zones;

F. Design Review Submittal Requirements. In addition to any other documentation required for submittal of a complete application for building permit or site plan review, the following items shall be required for design review:

1. Elevation drawings prepared by an architect licensed in the state of Washington of all proposed construction including dimensional drawings at one-eighth inch equals one foot or comparable scale showing the type of exterior materials, color (where applicable due to selection of a menu option), exterior finishes for buildings and accessory structures, location and elevations of exterior lighting for buildings, the type, style and model of exterior lighting fixtures (where applicable due to zone transition standards), parking areas, and fenestration details. Scaled drawings of elevations, conceptual selection of major building materials, and conceptual selection of colors where applicable may be submitted at preliminary site plan review stage;

2. A to-scale landscape plan prepared by a landscape architect licensed in the state of Washington showing existing vegetation to be retained and proposed vegetation to be installed inclusive of the common and botanical name of all vegetation, the location and quantity of vegetation, the initial planting size and maximum growth size of all vegetation and methods of irrigation, if applicable;

3. A context vicinity map that shows all structures on the property and within 200 feet in each direction of the subject property drawn to scale but not to the accuracy of a survey;

4. A neighborhood circulation plan consistent with the provisions of Chapter 17.16 ACC (Neighborhood Circulation Plan); and

5. Conceptual plans for any public infrastructure, including roads, water, sewer, and storm facilities.

G. Interpretations. Any affected person may challenge an interpretation and determination of the planning director pertaining to this section subject to the city’s administrative appeal provisions of Chapter 14.13 ACC.

H. Design Review Adjustments. The planning director or designee shall have the authority, subject to the provisions of this section and upon such conditions as the planning director or designee may deem necessary to comply with the provisions of this section, to approve design adjustments as follows:

1. An adjustment to architectural or site design requirements such that no more than two of the total number of required menu items in the city of Auburn multifamily and mixed-use design standards are out of compliance.

2. An adjustment to required building wall and roof modulation standards, as contained in the city of Auburn multifamily and mixed-use design standards, up to 20 percent of the amount of any quantified standards contained therein.

I. Required Findings to Grant Design Review Adjustments. Each determination granting an adjustment by the planning director or designee shall be supported by written findings showing specifically wherein all of the following conditions exist:

1. That the granting of such adjustment does not constitute a grant of special privilege inconsistent with the limitations upon uses of other properties in the vicinity and/or zone of the subject site; and

2. That the granting of such adjustment will not adversely affect the established character of the surrounding neighborhood, discourage maintenance or upgrades on surrounding properties, nor result in perpetuation of those design qualities and conditions which the comprehensive plan intends to eliminate or avoid; and

3. That the project incorporates alternate design characteristics that are equivalent or superior to those otherwise achieved by strict adherence to stated menu options; and

4. That each of the findings under subsection L of this section (Director Authority and Findings) are made by the planning director or designee in granting such adjustment.

J. Public Notification and Action on Design Review Adjustment Applications. Upon the filing of a properly completed application and associated request for a design review adjustment, the planning director or designee shall comply with the city’s Type II land use review requirements for issuance of a properly noticed and appealable land use decision.

K. Appeal of Director’s Action on Design Review Adjustments.

1. If a written objection to the initial determination notice is filed within 10 business days of said notification, the planning director or designee shall reconsider the initial determination in light of the objection(s) as raised and render a final decision on the permit. This final decision shall result in either the planning director’s affirmation of the original determination of approval, the approval with additional modifications or denial.

2. Upon completion of the planning director’s reconsideration, all parties notified of the original determination shall receive notification of the planning director’s final decision. Any party aggrieved by the planning director’s final decision may file an appeal of that decision to the hearing examiner in accordance with the city’s land use appeal provisions. Such appeals for hearing examiner review must be filed within 10 business days from the date the written decision was made and shall include the following:

a. The appeal shall be filed on forms provided by the department of planning and development.

b. The appeal shall clearly state the decision being appealed, setting forth the specific reason, rationale, and/or basis for the appeal.

c. Fees associated with the appeal shall be paid to the city upon filing of the appeal in accordance with a fee schedule established by resolution.

3. Upon filing of a timely and complete appeal, the hearing examiner shall conduct a public hearing to consider the merits of the appeal. This hearing shall be subject to the city’s public noticing and public hearing requirements and shall include notification of all parties notified of the planning director’s final decision. The hearing examiner may affirm the planning director’s decision or may remand the matter to the planning director for further review in accord with the examiner’s direction.

4. If no written objection is filed to the initial determination within the specified time limits, the planning director shall render a final decision on the permit in accord with the initial determination.

L. Director Authority and Findings. The planning director or designee shall approve, approve with modifications or deny each project application subject to design review. Each determination granting approval or approval with modifications shall be supported by written findings showing specifically wherein all applicable conditions exist:

1. The plans and supplemental materials submitted to support the plan meet the requirements of the design regulations;

2. The proposed development is consistent with the comprehensive plan;

3. Applicable only to multiple-family and retirement apartment projects, the following key review criteria have been met:

a. The proposed development is arranged in a manner that either:

i. Provides a courtyard space creating a cohesive identity for the building cluster and public open space furnished to facilitate its use; or

ii. Possesses a traditional streetscape orientation that provides clearly identifiable and visible entries from the street, views from residential units onto the street and reinforces pedestrian-oriented streetscape characteristics (e.g., building edge abutting sidewalk, entries onto the street); or

iii. Faces and facilitates views of a major open space system;

b. The proposed development provides a variety in architectural massing and articulation to reduce the apparent size of the buildings and to distinguish vertical and horizontal dimensions;

c. The proposed development contains a combination of elements such as architectural forms, massing, assortment of materials, colors, and color bands sufficient to distinguish distinct portions and stories of the building;

d. Residential buildings in large multiple-family projects or mixed-use projects are physically integrated into the complex possessing sufficiently different appearance or placement to be able to distinguish one building from another;

e. Unit entrances are individualized by use of design features that make each entrance distinct or which facilitate additional personalization by residents;

f. Areas dedicated to parking are sufficiently visually broken up and contain a complement of vegetative materials to project a landscaped appearance;

g. Where applicable, a transition is created that minimizes impacts from multifamily and mixed-use development projects on neighboring lower density residential dwelling units in abutting or adjacent single-family zones; and

h. Where applicable, in cases of granting density or height bonuses, the project has provided community benefits, facilities or improvements above and beyond those required in the municipal code and supports the goals, objectives and policies of the comprehensive plan;

4. The proposed development meets required setback, landscaping, architectural style and materials, such that the building walls have sufficient visual variety to mitigate the appearance of large facades, particularly from public rights-of-way and single-family residential zones. (Ord. 6287 § 2, 2010; Ord. 6245 § 15, 2009.)

18.31.210 Agricultural enterprises development standards.

A. Purpose. The purpose of this section is to regulate the establishment and operation of agricultural enterprises in order to maintain and preserve the lower density residential character, integrity, environmental protection, and property values of the residential conservancy (RC) zone in which they are located and the surrounding areas.

B. Applicability. The permit requirements and standards provided in this section apply to agricultural enterprises where allowed in compliance with Chapter 18.07 ACC, Residential Zones, and meeting the definition of agricultural enterprises as provided in ACC 18.04.035. The development standards of the RC zone shall apply unless a different standard is set forth in the supplemental development standards in subsection E of this section.

C. Permit Required. An administrative use permit is required when 50 percent or more of the total site area is dedicated to active agricultural production during the growing season, and with 52 or less special events per calendar year. A conditional use permit is required when less than 50 percent of the total site area is dedicated to active agricultural production during the growing season, or if the applicant intends to hold more than 52 special events per calendar year.

D. Uses. The following uses may be permitted as part of an agricultural enterprise under a unified management or ownership:

1. Agricultural crops and open field growing;

2. Agricultural store;

3. Barns, silos and related structures;

4. Caretaker quarters, not more than one per agricultural enterprise;

5. Catering facilities;

6. Delicatessens, restaurants or sandwich shops limited to a seating area of 25 seats;

7. Drive-through espresso and/or nonalcoholic beverage stands, freestanding;

8. Education facilities providing courses related to agricultural production and/or processing or promotion of locally and regionally grown food;

9. Farm stands, for the sale of agricultural products raised on the premises in addition to agricultural products that are raised off site;

10. Greenhouses;

11. Keeping of livestock, or fowl and rabbits or similar sized animals; provided, that an appropriate structure or enclosure is provided;

12. Museum and cultural facilities;

13. Outdoor musical entertainment (when it meets all requirements for the business licensing of ACC 5.20.200);

14. Small-scale food processing or packaging of agricultural products;

15. Special events. Special events include, but are not limited to, the following activities where attendance exceeds 200 persons or more:

a. Weddings;

b. Meetings;

c. Receptions;

d. Reunions;

e. Tasting events for food or beverage;

f. Private parties;

g. Concerts held within an enclosed building;

h. Retreats;

i. Other comparable events;

16. Tasting room;

17. Tourist and visitor services;

18. Winery; and

19. The planning director may authorize uses under this definition other than those which are listed, if the planning director determines the use is consistent with the intent of the zone and is of the same general character of the uses permitted within the zone. Further guidance on administrative interpretations of land uses can be found in ACC 18.02.120.

E. Development Standards.

1. Minimum Area. The minimum area devoted to an agricultural enterprise business shall be a single parcel with a minimum of 10 acres in total site area within the residential conservancy (RC) zone. Environmentally critical areas are not counted toward total site area when determining whether an administrative or conditional use permit is required.

2. Location. The proposed agricultural enterprise business shall have direct access onto a minor arterial or higher classification street.

3. Maximum Building Size. Nonresidential buildings, excluding greenhouses, shall not exceed 5,000 square feet in gross floor area.

4. Lot Coverage. The combination of all buildings, to include greenhouses, on a single site used in conjunction with the agricultural enterprise business shall not exceed 15 percent of the total site area.

5. Maximum Impervious Area. The maximum impervious area shall not exceed 25 percent.

6. Setbacks. Structures for agricultural enterprises shall be located as follows:

a. Front setback: 35 feet.

b. Rear setback: 20 feet.

c. Interior side setback: 20 feet.

d. Street side setback: 35 feet.

7. Height. Maximum building height: 35 feet. Buildings may exceed 35 feet if one additional foot of setback is provided from each property line for each foot the building exceeds 35 feet.

8. Visual Impact. Activities and uses conducted in conjunction with the agricultural enterprise must be located in such a manner that minimizes visual impacts to adjoining properties that are used or zoned for residential uses. In addition:

a. A Type III landscape buffer 10 feet in width shall be provided on site in those areas between the buildings and the property line.

b. Highly reflective building materials shall not be used on buildings.

9. Responsible Party. All components of the agricultural enterprise shall be operated or maintained by the property owner, lease holder, or occupant of the land upon which the primary associated agriculture, horticulture, or other use is being conducted.

10. Hours of Operation. Agricultural enterprise activities involving the employment of workers; outside activities; the generation of any noise, light, dust, odor, glare, or vibration detectable outside the business structure; or traffic, including deliveries, shall only be conducted on site between the hours of 7:00 a.m. and 10:00 p.m. or as may be specifically approved by a condition of approval of the administrative or conditional use permit.

11. Parking and Outdoor Storage. All parking and outdoor storage areas used exclusively for retail areas within 50 feet from a property line shall be screened from adjoining properties used or zoned for residential uses. If existing topography and natural vegetation does not provide an adequate visual barrier, additional screening may be required, to include installation of landscape materials, walls or fencing.

12. Lighting. No lighting shall be directed onto adjoining properties used or zoned for residential uses and no lighting shall exceed 0.5 foot-candle when measured at the property lines. Floodlights or other high-intensity lighting shall be prohibited, unless specifically approved as part of a special event or outdoor musical entertainment.

13. Refuse and Recycling. All refuse and recycling waste containers shall be within refuse enclosures located in the rear of the building and be completely screened from public view. All refuse enclosures shall be architecturally compatible with the building they serve.

14. Special Events. Special events or similar activities may be held as follows:

a. Up to 52 special events within a calendar year with the administrative use permit.

b. Fifty-two or more special events within a calendar year shall require a conditional use permit.

c. Parking and Traffic Control. A parking and traffic control plan shall be prepared by a licensed traffic engineer and required for all agricultural enterprises conducting special events (as defined by ACC 18.04.827). The parking and traffic control plan shall be submitted for review as part of the administrative use permit or conditional use permit application and, if satisfactory, must be approved by the planning and development director and city engineer prior to implementation. At a minimum, the parking and traffic control plan shall contain the following:

i. A parking plan showing how adequate on- and off-site parking will be available to the site, and that no substantial conflict will exist during the principal hours or periods of peak parking demands for any land use or special event which is proposed to share the parking.

ii. A traffic control plan showing how traffic to and from the land use and special events location(s) will be handled and what temporary traffic control measures will be used to facilitate safe access to and from the locations. The traffic control plan must include a written description of the plan as well as a traffic control diagram showing traffic control devices, directions of travel, and the location and type of authorized personnel to direct traffic.

iii. A contingency plan for weather changes (relocation or rescheduling of events; alternative parking areas; method of notifying the public of changes) and for unanticipated increases in traffic or parking.

iv. Other elements as determined necessary by the planning and development director and the city engineer based on the specific events, setting, and location.

15. Wineries. All wineries with or without tasting rooms shall:

a. Have adequate driveway access to a public street meeting the requirements of a commercial driveway.

b. Provide adequate on-site parking in the amount of one parking stall for every 500 square feet of gross floor area.

c. Shall not exceed 5,000 square feet gross floor area with the tasting room not exceeding 50 percent of the production area.

16. Signs. Notwithstanding the provisions of ACC 18.56.040(A), the following standards apply to signs for agricultural enterprise uses within the RC, residential conservancy zone. If not specified in this section, the other provisions of Chapter 18.56 ACC, Signs, apply.

a. Freestanding Signs.

i. Total number permitted:

(A) Two per frontage on a parcel having at least 500 feet of frontage on a state highway.

(B) One per frontage on a principal or minor arterial.

ii. Maximum height:

(A) Thirty feet on a state highway.

(B) Twenty-two feet on a principal or minor arterial.

iii. Maximum area: 200 square feet, calculated at a rate of one square foot of sign area for every two lineal feet of frontage. The minimum entitlement for freestanding signs is 32 square feet for those sites less than 64 feet of frontage.

iv. Multiple freestanding signs, if permitted, must be separated by at least 150 feet measured in a straight line distance.

b. Wall Signs.

i. Total number permitted: one sign per building frontage that fronts a public right-of-way.

ii. Maximum area: 100 square feet per building frontage that fronts a public right-of-way, calculated at a rate of one square foot of sign area for every one linear foot of building frontage.

iii. Signs may be directly or indirectly illuminated.

c. Changing message center signs are allowed as part of an agricultural enterprise if the sign complies with the sign regulations in ACC 18.56.030(F).

17. Additional Permits and Approvals. In addition to required land use permits, an agricultural enterprise may be required to obtain licenses and permits from other city and county departments (e.g., business licenses from the city, food service or sales licenses from the county department of public health, animal care licenses from the county department of public health, etc.). (Ord. 6363 § 2, 2011.)

18.31.220 Permitted animals.¹

A. Domestic Fowl. Domestic fowl may be kept as small animals if the owner complies with the following:

1. Roosters are not permitted.

2. Structures housing domestic fowl must comply with accessory structure setbacks applicable in the zoning district where the shelter is to be located.

3. Up to four domestic fowl can be kept on lots that are at least 6,000 gross square feet in size. On lots that are larger than 6,000 gross square feet, one additional small lot domestic animal may be kept per additional 2,000 gross square feet as shown in ACC 18.31.230.

4. Please reference ACC 8.28.010 regarding noise, ACC 8.12.020 regarding nuisances, and ACC 6.24.020 regarding slaughtering.

B. Miniature Goats. Miniature goats may be kept as small animals if they are licensed as follows:

1. Male miniature goats must be neutered.

2. All miniature goats must be dehorned.

3. Nursing offspring of miniature goats licensed according to the provisions of this code may be kept until weaned, but no longer than 12 weeks from birth.

4. Shelter location must comply with accessory structure setbacks applicable in the zoning district where the shelter is to be located.

5. Licensing must be done in accordance with ACC Title 6, Animals, which incorporates the provisions of King County Code Title 11, Animal Care and Control.

6. Up to two miniature goats are allowed on lots that are at least 12,500 gross square feet in size. On lots that are greater than 12,500 gross square feet, one additional medium size domestic animal may be kept per additional 7,500 gross square feet as shown in ACC 18.31.230.

7. Please reference ACC 8.28.010 regarding noise, ACC 8.12.020 regarding nuisances, and ACC 6.24.020 regarding slaughtering.

C. Potbelly Pigs. Miniature potbelly pigs may be kept as a small animal; provided, that no swine that is greater than 22 inches in height at the shoulder or more than 150 pounds in weight may be kept in the city.

1. Nursing offspring of potbelly pigs licensed according to the provisions of this code may be kept until weaned, but no longer than 12 weeks from birth.

2. Shelter location must comply with accessory structure setbacks applicable in the zoning district where the shelter is to be located.

3. Licensing must be done in accordance with ACC Title 6, Animals, which incorporates the provisions of King County Code Title 11, Animal Care and Control.

4. Two potbelly pigs can be kept on lots that are at least 12,500 gross square feet in size. On lots that are greater than 12,500 gross square feet, one additional medium size domestic animal may be kept per additional 7,500 gross square feet as shown in ACC 18.31.230.

5. Please reference ACC 8.28.010 regarding noise, ACC 8.12.020 regarding nuisances, and ACC 6.24.020 regarding slaughtering. (Ord. 6369 § 8, 2011.)

18.31.230 Table of allowed districts.²

The allowable numbers of animals permitted outright, provided the minimum lot size is met, are detailed in the following table. The specified minimum lot sizes are absolute requirements. No variances, waivers, and/or modifications under the Auburn City Code may be granted. The keeping of animals that require lesser lot size is allowed to be cumulative, when lot size requirements have been met. Licensing of pets and animal control is governed by ACC Title 6, Animals, which incorporates the provisions of King County Code Title 11, Animal Care and Control.

	RC	R-1	R-5	R-7	R-10	R-16	R-20	RO	C-1	C-2	C-3
Goats	Y	Y	Y	Y	C*	C*	C*	N	N	N	Y
Pigs	Y	Y	Y	Y	C*	C*	C*	N	N	N	Y
Chickens	Y	Y	Y	Y	C*	C*	C*	N	N	N	Y

Y = Yes

N = No

C = Conditional

*Permitted as an outright use if more than 50 percent of the property is not covered with impervious surface. If the property is more than 50 percent covered with impervious surface then the applicant must apply for an administrative use permit pursuant to Chapter 18.64 ACC. These applications will not be processed as conditional use permits.

Type of Animal	Maximum Number of Animals Permitted Outright
Household pets: dogs, cats, rabbits, caged indoor birds, small rodents, and if weighing less than 10 pounds any nonvenomous reptiles and amphibians.	4* per dwelling or commercial building regardless of lot size. A pet license is required for each cat or dog.
Domestic fowl.	4 on lots that are at least 6,000 gross sq. ft. in size. On lots that are larger than 6,000 gross sq. ft., 1 additional small lot domestic animal may be kept per additional 2,000 gross sq. ft.
Medium size animals: potbelly pigs, and miniature goats that are smaller than 24 inches at the shoulder and/or not more than 150 pounds in weight.	2 on lots that are at least 12,500 gross sq. ft. in size. On lots that are greater than 12,500 gross sq. ft., 1 additional medium lot domestic animal may be kept per additional 7,500 gross sq. ft.
Large size animals: horses, ponies, donkeys, cows, standard size goats, llamas, oxen, standard size pigs.	2 on lots that are at least 1 gross acre in size. On lots that are larger than 1 gross acre, 1 additional large lot domestic animal may be kept per additional 21,780 sq. ft.

*Includes foster animals.

(Ord. 6369 § 9, 2011.)

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Code reviser’s note: Ordinance 6369 adds these provisions as Section 18.31.210. The section has been renumbered to avoid duplication of numbering.

Code reviser’s note: Ordinance 6369 adds these provisions as Section 18.31.211. The section has been renumbered to match the renumbering of the preceding section.