HomeMy WebLinkAbout6245
ORDINANCE NO. 6 2 4 5
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
CHAPTERS 18.02 AND 18.04, OF THE AUBURN
CITY CODE; ADOPTING NEW CHAPTERS 18.01,
18.07, 18.09, 18.21, 18.25, AND, 18.31 OF THE
AUBURN CITY CODE; AND REPEALING
CHAPTERS 18.06, 18.08, 18.10, 18.12, 18.14, 18.16,
18.18, 18.20, 18.45, 18.45A, 18.48, AND 18.58 OF
THE AUBURN CITY CODE; ALL RELATING TO
ZONING
WHEREAS, by means of City of Auburn Ordinance Nos. 6182, 6184, 6185,
6186 and 6187, the Auburn City Council has amended the Auburn City Code
("ACC") to require all appeals of City land use decisions to be heard by the City's
hearing examiner and by the superior court, rather than the City Council; and
WHEREAS, the City Council determined that a review of the City's zoning
code, ACC Title 18, was appropriate in light of the Council's changed role; and
WHEREAS, the City of Auburn formed a volunteer code advisory group,
which met five times on October 29, 2008, January 22, 2009, February 23, 2009,
April 16, 2009 and April 27, 2009; and
WHEREAS, working with the code advisory group, City staff prepared
draft revisions to Title 17; and
WHEREAS, a public open house on the code update project was held on
January 28, 2009, with notice provided on the City's web site, with additional
notice provided by mail and by a display ad published in the January 23, 2009
edition of the Auburn Reporter; and
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WHEREAS, the Planning and Community Development Committee of the
Auburn City Council conducted six duly noticed special meetings outside of its
regular bi-monthly meeting schedule on issues and ideas pertaining to the code
update project, which were held on January 13, 2009, February 26, 2009, March
5, 2009, March 26, 2009, March 30, 2009 and May 12, 2009; and
WHEREAS, the City of Auburn Planning Commission conducted a duly
noticed work study session at its regularly scheduled March 3, 2009 meeting to
review and discuss with staff potential amendment issues and ideas inclusive of
the potential amendments; and
WHEREAS, the Planning and Community Development Committee and
the Planning Commission conducted three duly noticed joint special public
meetings on April 14, 2009, April 23, 2009 and April 27, 2009 at which the
proposed amendments to Title 17 were reviewed and discussed; and
WHEREAS, the City of Auburn Planning Commission held a duly noticed
public hearing on the proposed amendments on May 5, 2009, which was
continued to May 7 for additional testimony on the proposed amendments; and
WHEREAS, the Planning Commission voted on May 7, 2009 to
recommend adoption of the proposed amendments to the Auburn City Council;
and
WHEREAS, the City transmitted written notice of its intent to amend ACC
Title 18 to the Washington State Office of Community, Trade, and Economic
Development (CTED) pursuant to the requirements of RCW 36.70A.106, on
March 30, 2009, and did receive a receipt and acknowledgment letter from CTED
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(Material ID # 14223) on March 31, 2009 indicating that the procedural
requirement of RCW 36.70A.106 for state agency notification had been complied
with; and
WHEREAS, No comments regarding the proposed amendments have
been received from CTED or other state agencies; and
WHEREAS, after the required comment period, the City issued a Final
Determination of Non-Significance SEP09-0012 for the amendments to Title 18;
and
WHEREAS, the City Council finds that the proposed amendments improve
the readability and ease of use of the City Code, updates the technical aspects of
the code, and improves the City's development review process.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Adoption of new chapter of City Code. That a new
Chapter 18.01, User Guide, of the Auburn City Code be and the same hereby is
adopted to read as follows:
Chapter 18.01
User Guide
What is the purpose of the zoning code?
The zoning code provides information on land use regulations, dimensional
standards, and certain other development standards that apply to property within
the City (i.e., landscaping standards, parking standards, sign standards, etc.).
The information in the zoning code is presented by zone and land use type, so it
is important to consult the City's official zoning map to determine what zone
applies to a given property.
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The zoning code constitutes Title 18 of the Auburn City Code (ACC), and is
organized as a series of chapters. General zoning code provisions are presented
in Chapter 18.02. This section contains the basic rules of interpretation for the
zoning code, and includes a complete list of the City's zones. This section is a
resource for users who may be unfamiliar with zoning codes and are unsure of
how a particular regulation applies to them. Procedural sections of the code and
decision criteria are addressed in Chapters 18.60 through 18.72.
I am unclear on some of the terms used in the code. Where can l find
definitions?
Chapter 18.04 provides definitions for terms used throughout this title. Where
appropriate, sketches and other graphic illustrations have been used to help
explain terms and concepts. While every effort has been made to define terms
consistent with common usage, users should consult this section to familiarize
themselves and reduce the potential for misunderstandings. This section also
contains explanations and illustrations of complex concepts that may not be
familiar to all users.
How do I determine what uses are a/lowed on a particular property?
The first step in determining allowed uses is verifying the zoning on the property,
which can be done by speaking with City of Auburn Planning Department staff or
by consulting the City's official zoning map. When verifying a property's zoning,
it is also important to note any overlays that may be marked on the zoning map.
Overlays may have additional requirements or otherwise modify the allowed uses
and development standards for a zone. Regulations for overlays, such as those
established for Lea Hill, West Hill, and designated Urban Separator areas, are
contained in Chapter 18.21.
The sections devoted to particular zones described on the zoning map form the
framework of the Zoning Code. Each of these sections contains the intent
statement for the particular zone, a table of allowed uses, as well as tables for
dimensional standards (building height, setbacks, and lot coverage) and cross-
references to other standards such as landscaping and parking requirements. It
is important to note that each section contains only regulations that apply
specifically to that zone, and development standards that apply to all zones are
addressed through cross-references to other chapters of the zoning code.
Where do 1 find information about landscaping, signs, and parking
requirements?
In order to make the individual zone chapters easier to read, supplementary
regulations or specialized topics applied more broadly than at a specific zone
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level, such as landscaping, parking, signage, and nonconforming uses, are
discussed separately. Zoning Code chapters 18.50 through 18.56 provide
detailed information on these and similarly broad topics. While the relevant
portions of these sections will be referenced by the zone-specific chapters, these
chapters are also a good place to look for information on existing or proposed
land uses not explicitly listed elsewhere in the code.
Section 2. Amendment to Citv Code. That Chapter 18.02,
General Provisions, of the Auburn City Code be and the same hereby is
amended to read as follows:
Chapter 18.02
General Provisions
Sections:
18.02.010 Short title.
18.02.020 Authority to adopt code.
18.02.030 Purpose.
18.02.0340 Applicability SGE)pe.
18.02.0450 Minimum requirements.
18.02.060 Rules for Aadministrative interpretations.
18.02.065 Methods of calculatinq densitv.
18.02.070 Establishment of zones.
18.02.080 Zoninq map.
18.02.090 Zone boundarv interpretations.
18.02.100958 Zoning for annexed land.
18.02.110969 Zoning for property influenced by Auburn CityMunicipal
Airport.
I 18.02.120 Permitted land uses established.
18.02.130 Neiqhborhood review meetinq.
18.02.010 Short title.
This title shall be known as "the comprehensive zoning ordinance" of the city
which shall constitute Title 18 of the Auburn City Code and shall hereafter be
referred to as this title. (Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
18.02.020 Authority to Adopt Code.
The City of Auburn Comprehensive Zoning Ordinance is adopted by Citv of
Auburn ordinance, pursuant to Article XI, Section 11 of the Washinqton State
Constitution, the State Growth Management Act, Title 35A RCW Optional
Municipal Code, and Chapter 36.70B RCW.
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( 18.02.02-30 Purpose.
A. The purpose of this title is to implement the city's comprehensive plan. This
title will be used to further the growth and development of the city consistent
with the adopted comprehensive plan and its implementing elements. This
title will also further the purpose of promoting the health, safety, morals,
convenience, comfort, prosperity, and general welfare of the city's population
and to prevent and abate public nuisances.
B. The specific zones and regulations set out in this title are designed to
#as+lotate:
1. Provide adequate public facilities and services, includinq
utilities, roads, schools, and parks-and, in coniunction with development;
and
2. Provide housing with essential light, air, privacy, and open space; te
3. Facilitate the safe and efficient
movement of traffic +"°rtoon the City's streets; te
4. stabolizeStabilize and enhance property values; proven+ +,e
;
5. f^^i~, 'itateFacilitate adequate provisions for doing public and private
business and thereby safeguard the community's economic structure upon
which the prosperity and welfare of all dependsi and
6. thrc) ehThrouqh such achievements help ensure the safety and security
of home life, foster good citizenship, create and preserve a more healthful,
serviceable and attractive municipality and environment in which to live.
C. To most effectively accomplish these purposes, this title divides the city into
zones wherein the location, height and use of buildings, the use of land, the
~ size of yardssetback areas and other open space, and the provision of off-
street parking and loading are regulated and restricted in accordance with the
comprehensive plan for the city. These zones and regulations are deemed
necessary and are made with reasonable consideration, among other things,
as to the character of each zone and its particular suitability for specific uses,
the need for such uses, the common rights and interests of all within the zone
as well as those of the general public, and with the view of conserving and
encouraging the most appropriate use of land throughout the city and to
prevent and abate public nuisances. (Ord. 5026 § 1, 1997; Ord. 4773 § 1,
1995; Ord. 4229 § 2, 1987.)
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~ 18.02.040A3A Ssepe.Applicabilitv.
A. The provisions of this title shall apply to both public and private use of land
within the corporate limits of the city.
B. Hereafter, no use shall be conducted, and no building, structure and
appurtenance shall be erected, relocated, remodeled, reconstructed, altered
or enlarged unless in compliance with the provisions of this title, and then only
after securing all permits and approvals required hereby. It shall be unlawful
to build or use any building or structure or to use premises in the city for any
purpose or use other than the uses listed as being permitted in the
I di6tFis~zone in which such building, land, or premises are located.
C. Any building, structure or use lawfully existing at the time of passage of this
title, although not in compliance therewith, may continue as provided in
Chapter 18.54 ACC.
D. No division of land shall occur unless in compliance with the provisions of this
title, and Title 17, Land Adiustments and Divisions.
E. This title is not intended to regulate the erection, construction, or
reconstruction of public streets, power poles, street lights, utility 4#
statk~nsfacilities, utility conveyance or storage svstems, transmission lines, or
other public uses necessary to support the general public welfare, carried on
by the city, or agents of the city working under the appropriate contract or
franchise. (Ord. 5026 § 1, 1997; Ord. 4773 § 1, 1995; Ord. 4229 § 2, 1987.)
18.02.050 Minimum Requirements.
A. In interpretation and application, the requirements set forth in this title shall be
considered the minimum requirements necessary to accomplish the purpose
of this title.
B. It is not the intent of this title to interFere with, abroqate or annul any
easements, covenants or other aqreements between private parties.
However, where this title imposes a qreater restriction upon the use of land
and/or buildings or in general requires hiqher standards than other
ordinances, rules, or private aqreements, the provisions of this title shall
og vern.
18.02.060040 Rules for Aadministrative interpretations.
A. The planning director shall be authorized to interpret the meaning of words,
phrases and sentences which relate to the determining of uses permitted in
the various di&t4Gtszones, approval or disapproval of development plans, or
other related zoning actions. Any interpretations reqardinq implementation of
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this title shall be made in accordance with the intent or purpose statement of
the specific regulation and the Comprehensive Plan. Life, safety and public
health regulations are assumed to prevail over other regulations.
B. The planning director may n°rmit „+tior authorize uses in a zone other than
those which are listed, if the planninq 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 quidance on administrative
interpretations of land uses can be found in Section 18.02.120.C ACC.
C. Administrative interpretations may be appealed to the hearing examiner as
prescribed in Chapter 18.70 ACC. (Ord. 5026 § 1, 1997; Ord. 4229 § 2,
1987.)
D. Administrative interpretations made by the planninq director shall be
documented, made available for public review, and docketed for inclusion to
Title 18 when consistent with the title format and level of detail shall
incorporate administrative interpretations upon approval of the leqislative
authoritv.
18.02.065 Methods of calculating density.
The permitted number of dwellinq units or lots shall be determined as follows:
A. Net Site Area. The area of a site used to calculate the allowed number of
dwellinq units or lots shall exclude those areas desiqnated for public rights-of-
wav, except for the desiqnation of additional riqht of wav alonq an arterial,
private streets, vehicle access easements, and on-site public or home owner
association maintained recreation space if required.
Further, the net site area and shall be subiect to the followinq adiustments
and limitations for critical areas:
1. Net site areas shall exclude streams, wetlands, fish and wildlife habitat
areas, and hiqh landslide hazards; and
Net site area shall include any required critical area buffer, seismic
hazards, and flood hazard areas when calculatinq base densitv, unless
critical areas identified in (A)(1) above are present; provided that net site
area shall not include required critical area buffers when calculatinq
minimum density. The allowed number of dwellinq units or lots for a site
shall be computed by multiplvinq the net site area of the lot as calculated
in this section by the applicable residential base density number found in
the development standards for each zone.
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B. Base density refers to the maximum number of dwelling units or lots allowed
for a specific zone without application of the bonus density provisions of ACC
18.25 or ACC 18.49, expressed as units per net acre. Base densities for
residential zones are specified in Section 18. 07.030.
C. Base units refers to the number of allowable dwelling units for a site, as
determined bv multiplvinq the base density of the zone in which the site is
located by the net site area.
For example the R-5 zone has a base densitv of 5 units per acre, therefore
the maximum number of base units allowed on a lot with 0.6 acres of net site
area in the R-5 zone is 3 units.
D. Bonus densitv, where applicable, shall be computed by addinq the bonus
units authorized by Chapter 18.25 ACC or Chapter 18.49 ACC to the base
units computed under this section.
E. When calculations result in a fraction the fraction shall be rounded to the
nearest whole number as follows:
1. Fractions of 0.50 or above shall be rounded up; and
2. Fractions below 0.50 shall be rounded down.
18.02.070 Establishment of Zones.
A. The city is divided into the following classes of zones:
1. RC, residential conservancy zone (1 dwellinq unit per 4 acres);
2. R-1, residential zone (1 dwelling unit per acre);
3. R-5, residential zone (5 dwelling units per acre);
4. R-7, residential zone (7 dwelling units per acre);
5. R-10, residential zone (10 dwelling units per acre);
6. R-16, residential zone (16 dwelling units per acre);
7. R-20, residential zone (20 dwelling units per acre);
8. RMHC, manufactured/mobile home community zone;
9. RO residential office zone and RO-H, residential office-hospital zone;
10. C-N, neighborhood shoppinq zone;
11. C-1, liqht commercial zone;
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12. C-2, centrai business zone;
13. C-3, heavy commercial zone;
14. M-1, liqht industrial zone;
15. M-2, heavy industrial zone;
16. BP, business park zone;
17. LF, airport landinq field zone;
18. P-1, public use zone:
19. UNC, unclassified use zone;
20. I, institutional use zone;
21. EP, environmental park zone;
22. DUC, downtown urban center zone.
B. The zones set out in subsection A of this section are established as the
desiqnations, locations, and boundaries thereof as set forth and indicated on
the zoninq map. (Ord. 6071 § 1, 2007; Ord. 6036 § 1, 2006; Ord. 5354 ~ 2,
2000; Ord. 4229 ~ 2, 1987.)
C. The intent statement for each zone set forth in this title shall be used to quide
the application of the zones to all lands in the Citv of Auburn. The intent
statements shall quide interpretation and application of land use requlations
within the zones, and anv chanqe to the ranqe of allowed uses within each
zone throuqh amendment to this title.
18.02.0$0 Zoninq map.
A. "Zoninq map," as used in this title, is that certain map, three copies of which
are on file in the office of the citv clerk, labeled "Comprehensive Zoning Map
of the Citv of Auburn, Washinqton," dated June 1, 1987, and adopted by
Ordinance No. 4230 and siqned bv the Mavor and City Clerk, alonq with all
amendments thereto. Two tvpes of amendments to the zoninq map may
occur. The map mav be either amended on an areawide basis initiated by the
planninq commission, city council, or planninq and community development
committee of the city council, or a specific parcel amended by the rezone
process as outlined in Chapter 18.68 ACC.
B. Current copies of the zoninq map are available for examination and/or
purchase at the Planninq, Buildinq, and CommunitV Department. The zoninq
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May 27, 2009
Page 10 of 151'
map is adopted and made a part of the comprehensive zoninq ordinance, with
the most current amended copy as beinq the official zoninq map. (Ord. 4229
~ 2, 1987.)
18.02.090 Zone boundarv interpretation.
Where uncertainty exists as to the boundaries of zones as shown on the official
zoning map, the followinq rules shall applL
A. Boundaries indicated as approximatelv followinq the center lines of streets,
hiqhwavs, or alleys shall be construed to follow such lines;
B. Boundaries indicated as approximatelv followinq platted lot lines shall be
construed as followinq such lot lines;
C. Boundaries indicated as approximately followinq city limits shall be construed
as followinq citv limits;
D. Boundaries indicated as followinq railroad lines shall be construed as to be
midway between the main tracks;
E. Boundaries indicated as parallel to or extensions of features indicated in
subsections A throuqh D of this section shall be so construed. Distances not
specifically indicated on the official zoning map shall be determined bv the
scale of the map;
F. Where physical or cultural features existinq on the ground are at a variance
with those shown on the official zoninq map, or in other circumstances not
covered by subsections A throuqh E of this section, the planning director shall
interpret the zone boundaries;
G. When the city vacates a street or alley, the vacated property will be zoned
consistent with the adiacent propertv it is beinq vacated to. (Ord. 4229 § 2,
1987.)
18.02.100050 Zoning for annexed land.
Prior to any parcel of land being annexed to the city, the property may be zoned
consistent with the rezone requirements of this title and
the comprehensive plan may be amended if necessary.
Application for the rezone and an rLnecessary comprehensive plan amendment
may be done simultaneously with the request for annexation.
For property that is not assiqned a zoned classification by the city of Auburn at
pF*Gr tG--annexation, the property shall assume the UNC - Unclassified Use
designation upon annexation. F^r +h„so .,r„no,+,os l,,;.,,, ,.,;+h;,, +,o Lo, u;li ,ro,
Ordinance No. 6245
May 27, 2009
Page 11 of 151
ar~nvTrvt zoT °r! hy tho ni}~t_ r~rF cv 'rnrr~u , the r~rnr~p~Ja.~l ~ ~~ame ttfl:.
TL~ ~i~ ~i~ ~
I I..ID') rlcc.inna4iGn unon annova+iGn
i#applisable,ln such case, the planning director shall
initiate an FezORe application to rezone from the R-4UNC, Unclassified Use
designation to a zone compatible with the comprehensive plan_. T"u° r°z^^°
within six months of the date of annexation. (Ord. 5354 § 2,
2000; Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
18.02.110060 Zoning for property influenced by Auburn Municipal GftjF
Airport.
Refer to Chapter 18.38 ACC to determine if yeur property will be required to
comply with additional regulations that are associated with the aAirport. (Ord.
5026 § 1, 1997.)
18.02.120 Permitted Land Uses Established.
A. Cateqories of uses established.
Chapters 18.07 through 18.44 ACC establish permitted, conditional, and
prohibited uses, by zone, for all properties within the Auburn citv limits. All
principal uses in a given zone are one of three tvpes:
1. Permitted Use: (see ACC 18.04.691);
2. Conditional Use: (see ACC 18.04.260);
3. Prohibited Use: (see ACC 18.04.751);
Uses which are incidental and customary to a principal use may be
considered an accessorv use as defined in ACC 18.04.020.
Uses not specifically identified as principal uses, or determined to be an
accessory use shall be classified utilizin_c~ the procedures outlined in ACC
18.02.120C.6.
B. Zoninq Use Tables Established for Residential Zones.
The zone use tables in Subsection .020 of Chapters 18. 07 and 18.09 ACC
establish whether a specific use is permitted in a zone and whether the use is
allowed as "permitted", "conditional," or "prohibited" use. The zone is located
on the horizontal row and the specific use is located on the vertical column of
these tables.
C. Interpretation of Zone Use Tables.
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1. Leqend: The followinq letters have the followinq meaninqs when thev
appear in the box at the intersection of the column and the row on the
zone use tables:
I Symbol Description
I P Permitted Use
I C Conditional Use
I X Prohibited Use
2. Other Requirements Applicable: The above uses are subject to the other
application requirements citywide propertv development standards and
applicable overlay district requlations specified in the zoninq code, the
project review procedures specified in Title 14, the buildinq and
construction standards of Title 15, the environmental review procedures
and requlations specified in Title 16, and the requlations for the division of
land in Title 17.
3. Additional Use-Related Conditions: If a number also appears at the
intersection of the column and the row, the use is also subject to the
additional requirements as listed in the correspondinq endnote
immediatelv followinq the use table in Subsection C of the specified code
chapter. All applicable requirements shall qovern a use whether
specifically identified in the zone chapter or not.
4. Accessory use interpretation. The planninq director may determine if a
use that is not specifically described as accessorv, is permitted as an
accessory to a principal use in a zone. Upon inquiry by an applicant, an
administrative interpretation shall be made by the planning director to
determine if a proposed use is allowed as an accessorv use within the
zone utilizinq the purpose and intent of the zone, comprehensive plan
policy quidance and the definition of accessory use contained in ACC
Chapter 18.04.
5. Prohibited Uses: If an "X" appears in the box at the intersection of the
column and the row, the use is prohibited in that zone. Similarly, if a use
is listed in one zone use table but not another zone use table, it shall be
considered prohibited in the zone use table in which it is not listed. For
example a use listed in the Industrial zone use table of ACC 18.16, but is
not listed in the Residential zone use table of ACC 18.07 shall be
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considered prohibited in the residential zones listed in ACC 18.07 even
thouqh the land use does not appear with an "X" in the use table.
6. Unclassified Uses: Upon inquiry bv an applicant an administrative
interpretation shall be made bv the planning director to determine if a
proposed use not specificallv listed in any zone use table is allowed within
a specific zone utilizing the criteria in Subsection C.6 of this section
Should an interpretation be made that a proposed unlisted use not be
allowed in a specific zone, the planning director shall indicate which
zones, if any, do permit the use.
a. Criteria for Unclassified Uses: In order to make a determination that
an unclassified use is aermitted, conditionally permitted or accessoiy,.
the planninq director must find that the use is:
i. In keepinq with the intent of the zone, and consistent with Auburn
Comprehensive Plan policies; and
ii. Similar in nature to, and no more intense than, specifically listed
permitted, conditional or accessory uses; and
iii. Consistent with subsection C.4 of this section if determined to be
permissible as an accessory use.
18.02.130 Neiqhborhood Review Meetinq.
A. Purpose.
The purpose of the Neiqhborhood Review Meeting is for a
developer/applicant of a proposed project to hold a meetinq with surroundinq
and adiacent neiqhborinq residents, property owners homeowners
associations, residents and businesses (hereinafter collectively referred to as
"neiqhbors") prior to submitting an application to the City. The neiqhbors
would have an earlv opportunity to become familiar with either a residential
subdivision, multi-family or mixed development proposal of a certain size and
scale earlv in the development review process and to identify any associated
issues. The Neiqhborhood Review Meetinq is intended to assist in producinq
applications that are responsive to neiqhborhood concerns and to reduce the
likelihood of delavs and appeals. The Citv expects an applicant to take into
consideration the reasonable concerns and recommendations of the
neiqhbors and other interested persons when preparinq an application
B. Applicability.
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May 27, 2009
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A Neiqhborhood Review Meetinq shall be required for the following types of
new land use application in any applicable zoninq district within the Citv:
1. A residential subdivision proiect comprisinq forty (40) or more lots or units;
or
2. A multi-familv residential proiect comprisinq fortv (40) or more units; or
3. A mixed-use development project comprisinq forty (40) or more units.
C. Timeframes.
1. Prior to submittal of an application an applicant shall provide an
opportunity to meet with neighborinq residents, property owners,
homeowners associations, residents and businesses (hereinafter
collectively referred to as "neiqhbors") within the City specified notice
radius to review the proposal.
2. The applicant shall not be required to hold more than one Neiqhborhood
Review Meetinq.
D. Procedures.
1. The applicant shall select the meetinq time and place. The startinq time
selected shall be limited to a weekday evening after 6:00 p.m. or a
weekend at any reasonable time and shall not occur on a federally
recoqnized holiday. The meetinq shall be held at a location open to the
public and in compliance with the Americans with Disabilities Act. The
public meetinq shall be held within the Auburn city limits, at a location no
further than two miles from the proiect site, unless an alternate meetinq
location is approved by the planninq director. A sign at least 22" x 28" in
size with minimum 2" letterinq shall be placed at the main entrance of the
buildinq where the meetinq will take place at least one hour prior to the
meetinq. Such siqn will announce the meeting purpose, that the meetinq is
open to the public and that interested persons are invited to attend. This
siqn shall be removed upon conclusion of the meeting by the applicant.
2. The applicant shall send by reqular mail a written notice announcinq the
Neighborhood Review Meetinq to the Director of the City of Auburn
Planning, Building and Communitv Department and property owners
within 300 feet of the property(ies) involved in the development review
application. The notice shall include the date, time and location of the
meetinq and brieflv discuss the nature and location of the proposal. The
notice shall be mailed not less than 20 calendar days prior to the meetinq
date. The mailing list shall be obtained by the applicant and based on the
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May 27, 2009
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most recent property tax assessment rolls of the Kinq Countv Department
of Assessments or the Pierce Countv Assessor-Treasurer's Office,
whichever is applicable.
3. Not less than 20 calendar davs prior to the Neiqhborhood Review
Meetinq, the applicant shall post a notice on the property which is subiect
of the proposed application. The notice shall be posted at the property in a
visible and accessible location. The notice shall state that the site mav be
subject to a proposed development and shall set forth the name of the
applicant and a telephone number where the applicant or applicant's
contact person can be reached for additional information. The site shall
remain posted until the conclusion of the Neiqhborhood Review Meetinq.
The Citv will not be responsible for postinq of any siqns.
4. The siqn at the buildinq entrance under subsection 1, the notices sent by
mail under subsection 2 and the site postinq under subsection 3, shall
each contain the following statement:
"The intent of this meetinq is to facilitate an early informal discussion
between the project developer and the neighbors regardinq the project.
While required bv the City of Auburn, this meeting is not conducted by the
City of Auburn and is in addition to anv future hearinqs or public comment
opportunities available under city development review processes."
5. At the Neighborhood Review Meetinq, the applicant shall describe the
proposed application to persons in attendance. The attendees may
identify anv issues that thev believe should be addressed in the
application and recommend that those issues be submitted for City
consideration and analysis.
6. The applicant shall prepare and make available the followinq materials for
review and discussion at the public meetinq:
a. Total number of dwelling units/lots expected to be built;
b. Conceptual site plan/plat lavout showinq buildinqs, road lavout,
landscape, parkinq, topoqraphy and open space areas, and adiacent
properties; and
c. Aerial photoqraph showinq the subject property and adiacent
properties.
7. At the Neiqhborhood Review Meetinq, a sign-in sheet shall be distributed
to all meetinq attendees that specifies the date, time and location of the
Ordinance No. 6245
May 27, 2009
Page 16 of 151
Neiqhborhood Review Meeting and asks for the name, address, phone
number and electronic mail address of each meetinq attendee.
8. At the Neiqhborhood Review Meetinq, the applicant shall take notes of the
discussion on the proposed application for eventual submittal to the City.
E. Submittal Requirements.
The applicant shall submit the followinq information with the submittal of a
development application:
1. A copv of the notice provided to surroundinq property owners within 300
feet of the proposed development site.
2. A copy of the mailinq list used to send out meetinq notices.
3. A written statement containinq the information posted on the propertv.
4. An affidavit of mailinq and postinq notices.
5. A copv of the meetinq sign-in sheet.
6. Copies of written materials and 8.5" x 11" size plans presented at the
Neiqhborhood Review Meetinq.
7. Notes of the meetinq includinq a summarv of oral and written comments
received.
8. If responses to the meetinq notice were not received by the applicant and
no one attended the Neighborhood Review Meetinct or persons in
attendance made no comments the applicant shall submit evidence as
indicated above with the notes reflecting the absence of comment,
attendance, or both.
F. Notice.
1. All property owners who receive notice of the Neiqhborhood Review
Meetinq shall be eliqible to receive a copy of the written City decision for
the development proposal.
2. All neiqhbors receivinq notice of or attendinq the Neiqhborhood Review
Meeting shall be eliqible to receive a copv of the written City decision for
the development proposal throuqh a request made to the citv.
G. Consideration.
The Citv shall consider as part of the development review process the
concerns and issues raised by the neiqhbors and applicant at the
Ordinance No. 6245
May 27, 2009
Page 17 of 151
Neiqhborhood Review Meeting, including any agreed upon solutions or
resolutions to outstandinq issues or areas of contentions. The Citv however,
shall not be bound in its decision-makinq bv any aqreements or
understandinqs made between the neiqhbors and applicants. Nothinq in this
section shall be construed to delegate desiqn or proiect review decision-
makinq authoritv to the participants in the public meeting,
H. Citv Involvement.
The Neiqhborhood Review Meeting is intended to be a developer-
neighborhood interaction. Citv staff are not required to attend and/or
participate in Neiqhborhood Review Meetinqs. There will be other official
opportunities for residents and neiqhbors to make comment durinq the
development review process that would follow the Neiqhborhood Review
Mee#inq. The Director of the Planninq Buildinq and Communitv Department
or desiqnee shall be notified a minimum of seven (7) calendar days prior to
the scheduled date of the Neiqhborhood Review Meetinq. Any City staff
attendance at a Neiqhborhood Review Meetinq is for informational purposes
onlv, does not represent the City's position on the merits of the development
proposal and does not constitute an approval or denial of an application now
or submitted in the future.
Ordinance No. 6245
May 27, 2009
Page 18 of 151
Section 3. Amendment to City Code. That Chapter 18.04,
Definitions, of the Auburn City Code be and the same hereby is amended to read
as follows
Chapter 18.04
Definitions
Sections:
18.04.010 General definitions.
18.04.018 Accessory dwelling unit.
18.04.020 Accessory use.
18.04.021 Accessory use, manufactured home communitv.
18.04.022 Repea/ed.
I 18.04.023 Accessory use, residential.
18.04.024 Repealed.
18.04.027 Repealed.
18.04.030 Repealed.
I 18.04.031 Adult family home.
18.04.032 Repealed.
18.04.040 Airport, heliport or aircraft landing field.
18.04.050 Airport elevation.
18.04.060 Airport hazard.
18.04.070 Airport landing area.
18.04.080 Airport reference point.
18.04.090 Alley.
18.04.100 Amusement device, mechanical.
18.04.110 Apartment.
18.04.120 Arcade.
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May 27, 2009
Page 19 of 151
18.04.125 Assisted living facility.
18.04.130 Automobile repair.
18.04.140 Automobile service station.
18.04.150 Automobile wrecking.
18.04.160 Automobile wrecking yard.
18.04.170 Automobile, trailer, equipment sales area.
I 18.04.175 Bed and Breakfast.
18.04.180 Boardinghouse.
18.04.185 Brew pub.
18.04.190 Building.
18.04.200 Building height.
18.04.210 Building, main.
I 18.04.220 Bumld*Rg . Repealed.
18.04.230 Building site.
18.04.235 Built green.
18.04.240 Commercial use.
18.04.245 Commercial vehicle.
18.04.250 Comprehensive plan.
18.04.260 Conditional use.
I 18.04.265 Condominium.
18.04.270 Conforming use.
I 18.04.280 GGRtraGt Repea/ed.
18.04.285 Dangerous waste.
18.04.290 Daycare center, nursery school, preschool.
18.04.295 Designated facility zone.
I 18.04.300 Density.
Ordinance No. 6245
May 27, 2009
Page 20 of 151
18.04.301 Density, base.
18.04.302 Density, bonus.
18.04.303 Density, minimum.
18.04.310 Development standards.
I 18.04.320 DeStFiGt Repealed.
18.04.330 Dwelling.
18.04.340 Dwellings, types of.
I 18.04.350 Dwelling unit.
18.04.355 Extremely hazardous waste.
18.04.360 Family.
18.04.370 Fence.
18.04.372 Fence, screened.
18.04.374 Fence 100 percent siqht-obscurinq.
18.04.380 Floor area.
( 18.04.390 Foster care home.
18.04.400 Garage or carport, residential.
18.04.410 Garage, commercial.
18.04.411 Golf course.
18.04.412 Governmental facilities.
18.04.420 Grade.
18.04.425 Green building practices.
18.04.430 Gross floor area.
18.04.440 Group resid_ence facility.
18.04.450 Guest cottage.
18.04.452 Hazardous material.
18.04.453 Hazardous substance.
Ordinance No. 6245
May 27, 2009
Page 21 of 151
18.04.454 Hazardous substance processing or handling.
18.04.455 Hazardous waste.
18.04.456 Hazardous waste storage.
18.04.457 Hazardous waste treatment. '
18.04.458 Hazardous waste treatment and storage facility, off-site. I
18.04.459 Hazardous waste treatment and storage facility, on-site.
18.04.460 Home occupation.
18.04.465 Homeless encampment.
I 18.04.466 Horse riding, commercial.
18.04.470 Hospital.
18.04.480 Hospital or clinic, small animal.
18.04.485 Host agency.
18.04.490 Hotel.
18.04.495 Household pet.
18.04.496 Housing rehabilitation.
18.04.497 Impervious surface.
18.04.498 Incidental.
18.04.499 Intensitv.
18.04.500 Junkyard.
18.04.510 Kennel.
18.04.515 Kitchen.
18.04.520 Landscaping.
( 18.04.522 1 u;ll aroa. Repealed.
18.04.525 Leadership in energy and environmental design (LEED).
18.04.530 Lot.
18.04.540 Lot area.
Ordinance No. 6245
May 27, 2009
Page 22 of 151
18.04.550 Lot coverage.
18.04.560 Lot dimensions.
18.04.570 Lot lines.
18.04.580 Lot of record.
18.04.590 Lot types.
18.04.595 Low impact development.
18.04.600 Manufactured home.
I 18.04.610 Manufactured home pa-Fkcommunitv.
18.04.620 Medical-dental clinic.
18.04.630 Mobile home.
18.04.640 Motel.
18.04.641 Multi-modal transportation corridor.
18.04.642 Municipal park.
18.04.643 Museum.
18.04.644 Neiqhborhood recreation buildinq.
18.04.645 Neiqhborhood services.
18.04.648 Net density.
18.04.650 Nonconforming use.
18.04.660 Nursing home.
18.04.670 Occupancy.
18.04.672 Outdoor sales.
18.04.676 Outdoor storage.
18.04.678 Repealed.
18.04.680 Parking area.
18.04.690 Parking space or stall.
I 18.04.692 Parkinq structure.
Ordinance No. 6245
May 27, 2009
Page 23 of 151
I 18.04.696 Permitted use.
18.04.700 Person.
18.04.710 Personal service shop.
18.04.730 Planning commission.
18.04.740 Planning director.
18.04.744 Prerelease facility.
18.04.746 Private country club and qolf courses, excludinq drivinq ranqe.
18.04.748 Privately owned and operated parks and playqrounds.
18.04.750 Professional offices.
18.04.752 Prohibited use.
18.04.754 Public art.
18.04.756 Public recreational amenitv.
18.04.760 Public use.
18.04.770 Quasi-public use.
18.04.780 Recreational vehicle, camping trailer, travel trailer, motor home and
truck camper.
18.04.790 Recreational vehicle park.
18.04.792 Religious institution.
I 18.04.794 Renting of rooms.
18.04.800 Residence.
18.04.985804 Restaurant, full-service.
18.04.805 Riqht-of-way.
18.04.806 Schools, elementarv, and middle/junior hiqh.
18.04.807 Schools, secondary or hiqh school.
18.04.808 Secure community transition facility.
I 18.04.849809 Senior housinq.
Ordinance No. 6245
May 27, 2009
Page 24 of 151
18.04.810 Setback.
18.04.812 Setback area.
18.04.814 Setback front.
18.04.816 Setback, rear.
18.04.818 Setback, side.
18.04.819 Setback line.
18.04.820 Shopping center.
18.04.82-0821 Sign.
18.04.822 Site
18.04.823 Site area.
18.04.824 Social and service orqanization.
18.04.825 Solid waste.
18.04.826 Solid waste processing facility.
18.04.828 Sponsoring agency.
18.04.830 Repealed.
I 18.04.835 Special needs housinq.
18.04.840 Repealed.
I 18.04.850 Repealed.
18.04.860 Story.
18.04.870 Street, private.
18.04.880 Street, public.
18.04.890 Structure.
18.04.891 Supportive housing.
18.04.892 Sustainable design.
18.04.895 Tavern.
I 18.04.896 Transmittinq tower.
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May 27, 2009
Page 25 of 151
I 18.04.897 Unclassified use. 18.04.900 Use.
I 18.04.901 Utility facilities and substations.
18.04.910 Variance.
18.04.912 Wireless communications.
18.04.914 Work release facility.
18.04.920 Yard.
18.04.930 Yard, front.
18.04.940 Yard, rear.
18.04.950 Yard, side.
18.04.960 Zone.
18.04.010 General definitions.
Except where specifically defined in this chapter, all words used in this title shall
carry their customary meanings. Words used in the present tense include the
future, and the plural includes the singular the word "he" or "his" shall also refer
to "she" or "her," the word "shall" is always mandatory, the word "may" denotes a
use of discretion in making a decision, the words "used" or "occupied" shall be
considered as though followed by the words "or intended, arranged or designed
to be used or occupied." (Ord. 4229 § 2, 1987.)
18.04.018 Accessory dwelling unit.
An "accessory dwelling unit" is a setf-contained residential unit that is accessory
to a single-family home. An accessory dwelling unit ea^^^e ° c°~
dwelling o has its own bathroom, kitchen facilities, living and sleeping areas,
though it can share other features with the single-family home including the yard,
parking, storage or laundry facilities. An accessory dwellinq unit excludes
accessory residential uses as defined in ACC 18.04.023. (Ord. 5399 § 1, 2000.)
18.04.020 Accessory use.
"Accessory use" means a use, a building or structure, part of a building or other
structure, which is subordinate to and the use of which is incidental to that of the
main building, structure or use on the same lot, including a residential garage. If
Ordinance No. 6245
May 27, 2009
Page 26 of 151
an accessory building is attached to the main building by a common wall or roof,
such accessory building shall be considered a part of the main building. Parking
areas will not be considered an accessory use under this definition. See related
definitions for Accessory use, manufactured home community, and Accessory
use, residential. (Ord. 4229 § 2, 1987.)
18.04.021 Accessorv use, manufactured home communitv.
Accessorv use, manufactured home community" is a subordinate use which
supports the principal manufactured home community use without displacinq it.
Manufactured home community accessorv uses include but are not limited to
recreation facilities, clubhouse, park office, and utility rooms to serve the
residents of the park only.
18.04.022 Adult book and video establishment.
Repealed by Ord. 5835. (Ord. 4469 ~ 1, 1990.)
18.04.023 Accessorv use, residential.
"Accessory use, residential" means a subordinate use which supports the
principal residential use without displacinq it. The accessorv residential use is
typically located on the same lot occupied by Or-d. 5935. . ,
1 990.)the principal residential use. Residential accessorv uses include
residential qaraqe, quest cottaqe, recreation room, tool shed, swimminq pool,
noncommercial greenhouse, private stable, barn, pen, coop, or similar structure.
This use excludes Accessory dwelling units as defined in ACC 18.04.018, and
"Accessory use, manufactured home communitv.
18.04.024 Adult entertainment establishment.
Repealed by Ord. 5835. (Ord. 4885 § 2, 1996; Ord. 4469 § 1, 1990.)
18.04.027 Adult entertainment.
Repealed by Ord. 5835. (Ord. 4885 § 1, 1996.)
18.04.030 Adult motion picture theater.
Repealed by Ord. 5835. (Ord. 4469 § 1, 1990; Ord. 4229 § 2, 1987.)
18.04.031 Adult familv home.
"Adult family home" means a residential home in which a person or persons
provide personal care, special care, room, and board to more than one but not
more than six adults who are not related by blood or marriage to the person or
persons providinq the services
Ordinance No. 6245
May 27, 2009
Page 27 of 151
18.04.032 Adult uses.
Repealed by Ord. 5835. (Ord. 4885 § 3, 1996; Ord. 4469 § 1, 1990.)
18.04.040 Airport, heliport or aircraft landing field.
"Airport," "heliport," or "aircraft landing field" means any runway, landing area or
other facility whether publicly or privately owned or operated, and which is
designed, used or intended to be used either by public carriers or by private
aircraft for landing and taking off of aircraft, including ultralights as defined by
ACC 8.36.010. This definition includes all necessary taxiways, aircraft storage
and tie-down areas, hangars and other necessary buildings and open spaces.
This definition does not include manufacturing, servicing or testing facilities
located in the vicinity of any landing area associated with the manufacturing or
testing of commercial or military aircraft or activities associated therewith. (Ord.
4229 § 2, 1987.)
18.04.050 Airport elevation.
"Airport elevation" means the established elevation of the highest point on the
usable landing area. (Ord. 4229 § 2, 1987.)
18.04.060 Airport hazard.
"Airport hazard" means any structure, tree or use of land which obstructs the
airspace required for, or is otherwise hazardous to, the flight of aircraft in landing
or taking off at the airport. (Ord. 4229 § 2, 1987.)
18.04.070 Airport landing area.
"Airport landing area" means the area of the airport used for the landing, taking
off or taxiing of aircraft. (Ord. 4229 § 2, 1987.)
18.04.080 Airport reference point.
"Airport reference point" means the point established as the approximate
geographic center of the airport landing area and so designated. (Ord. 4229 § 2,
1987.)
18.04.090 Alley.
"Alley" means a public travel wav or other public right-of-way
under the
jurisdiction and whiGh oscontrol of the city and not ~^+°~adesignated for general
tFaffiG .travel and used primarily as a means of access to the rear of
residential and/or business establishments. (Ord. 4229 § 2, 1987.)
Ordinance No. 6245
May 27, 2009
Page 28 of 151
18.04.100 Amusement device, mechanical.
"Mechanical amusement device" means any machine which, upon the insertion
~ of a coin, slug, token, plate-er-Ldisk, monetary bill, or credit card may be
operated by the public generally for use as a game, entertainment or
amusement, whether or not registering a score. It includes such devices as
marble machines, pinball machines, skill ball, mechanical grab machines, video
games and all games, operations or transactions similar thereto under whatever
name they may be indicated to specify. "Mechanical amusement device" does
not include pool tables. (Ord. 4229 § 2, 1987.)
18.04.110 Apartment.
"Apartment" means a dwelling unit in a multifamily building with three or more
dwellinq units; such units are typically owned bv a sinqle entitv and may be used
for rental housinq. (Ord. 4229 § 2, 1987.)
18.04.120 Arcade.
"Arcade" includes any place of business having in excess of four mechanical
amusement devices as defined in ACC 18.04.100. (Ord. 4229 § 2, 1987.)
18.04.125 Assisted living facility.
"Assisted living facility" means a combination of housing, supportive services,
personalized assistance, and health care designed to respond to the individual
needs of those who need help with activities of daily living. An establishment with
a central or private kitchen, dining, recreational, and other facilities, with separate
bedrooms or living quarters, where the emphasis of the facility remains
residential. (Ord. 6140 § 1, 2007.)
18.04.130 Automobile repair.
"Automobile repair" includes fixing, incidental body or fender work, painting, and
I upholstering, engine tune-up, adjusting lights, installation/repair of electrical or
electronic components, brakes, supplying and installing replacement parts to
passenger vehicles and trucks. (Ord. 4229 § 2, 1987.)
18.04.140 Automobile service station.
"Automobile service station" means a place of business haviRgwhere the primary
business is the fuelinq of vehicles. Automobile service stations have pumps
and/or storage tanks from which liquid fuel and/or lubricants are dispensed.
Sales and installation of auto accessories, washing, polishing, inspections and
cleaning, but not steam cleaning, may be carried on incidental to the sale of such
fuel and lubricants. Retail sales of food and grocery related items may also be
considered an incidental use. (Ord. 4229 § 2, 1987.)
Ordinance No. 6245
May 27, 2009
Page 29 of 151
18.04.150 Automobile wrecking.
"Automobile wrecking" means the dismantling or disassembling of used motor
vehicles or trailers, the storage, sale or dumping of dismantled, obsolete, or
wrecked vehicles or their parts, and the towing of such vehicles or parts in
connection with such activity. (Ord. 4229 § 2, 1987.)
18.04.160 Automobile wrecking yard.
"Automobile wrecking yard" means any premises devoted to automobile
wrecking. (Ord. 4229 § 2, 1987.)
18.04.170 Automobile, trailer, equipment sales area.
"Automobile, trailer and equipment sales area" means an open area, other than a
street or alley, used for the display, sale or rental of new or used automobiles,
trucks, trailers or other equipment. (Ord. 4229 § 2, 1987.)
18.04.175 Bed and Breakfast.
"Bed and Breakfast" means a residential home, maintained bv an on-premise
owner that provides no more than 6 quest rooms which are used, rented, or hired
out to quests to be occupied for sleepinq,purposes, and which may also offer
communal dining services. 18.04.180 Boardinqhouse.
18.04.180 Boardinqhouse.
"Boardinghouse" means any dwelling in which merethan three or more persons,
either individually or as families, are housed or lodged for hire with or without
meals. A roominghouse or a furnished-room house is a boardinghouse. (Ord.
4229 § 2, 1987.)
18.04.185 Brew pub.
"Brew pub," also known as a"microbrewery," means an eating and drinking
establishment which includes the brewing of beer, ale or malt beverage as an
accessory use to a full-service restaurant. The amount of beverage produced on
the premises cannot be less than 240 barrels or exceed 2,400 barrels in any
calendar year. No more than 30 percent of the product brewed may be sold off-
premises in either bottles or kegs. A loading and unloading area must then be
provided for. A full-service restaurant as defined by ACC 18.04.805 must occupy
at least 51 percent of the gross floor area of the brew pub and restaurant,
combined. Any brew pub that does not meet the requirements of this definition
will be considered a tavern as defined by ACC 18.04.895. (Ord. 5382 § 1, 2000.)
Ordinance No. 6245
May 27, 2009
Page 30 of 151
18.04.190 Building.
"Building" means any structure having a roof supported by columns or walls used
or intended to be used for the shelter or enclosure of persons, animals or
property of any kind. (Ord. 4229 § 2, 1987.)
I 18.04.200 Building height.
"Height of building" means the vertical distance measured from the finished
grade to the highest point of the roof for flat roofs, to the deck line of mansard
roofs, and to the mean height between eaves and ridge for gable, hip and
gambrel roofs. If a structure has none of the above features then the height shall
be measured from the finished grade to the highest portion of the structure. See
illustration below. (Ord. 4229 § 2, 1987.)
ACC 18.04.200 - Building Neight
Ffighest Point Ridge
Eave
2
Fldt o .~.~able/Hlt3
.
fleck 16ne Hig}rest Point
fMansard LM Other ~
F
Ordinance No. 6245
May 27, 2009
Page 31 of 151
18.04.210 Building, main.
"Main building" means the principal building or buildings on a lot or building site
designed or used to accommodate the primary use to which the premises are
devoted. (Ord. 4229 § 2, 1987.)
18.04.220 Bui4 ' .
Repealed. "BumidiFig i "
tho orfnrnorr~_of this otlc (4229 _1?$7 \
, . J
18.04.230 Building site.
"Building site" means a parcel of land assigned to a use, to a main building, or to
a main building and its accessory buildings, together with all yards and open
spaces required by this title. (Ord. 4229 § 2, 1987.)
18.04.235 Built green.
"Built green" means an environmental building program locally administered by '
the Master Builders Association of King and Snohomish Counties which provides
rating systems which quantify environmentally friendly building practices for
remodeling and new residential construction. The construction must qualify for a
minimum number of points in order to be certified as "built green." Each building
receives a one to five star rating based on the builder's ability to meet the
sustainable design standards. (Ord. 6036 § 5, 2006.)
18.04.240 Commercial use.
"Commercial use" shall mean any activity or use of land which involves the
buying, selling, processing or improving of things not produced on the land and
having financial gain as the primary aim of the activity or use; whether or not
such activity or use be for hire or on account of the buyer, seller, processor, or
improver. (Ord. 4229 § 2, 1987.)
18.04.245 Commercial vehicle.
IF=er+ho ,,,,r eses hereof, «GOMm°r «Commercial vehicle" means semi-truck
tractors and/or semi-trailers (over 26,001 pounds gross vehicle weight rating)
used in any commercial enterprise. (Ord. 6019 § 1, 2006.)
18.04.250 Comprehensive plan.
"Comprehensive plan" means the comprehensive plan for the Auburn planning
area, as now constituted, or hereafter amended, or its successor. (Ord. 4229 § 2,
1987.)
Ordinance No. 6245
May 27, 2009
Page 32 of 151
18.04.260 Conditional use.
"Conditional use" means a use permitted in az^ninn d;s+r;,.+ZOne only after
review and approval by the hearing examiner. Conditional uses are such that
they may be compatible only on certain conditions in specific locations in a
I",,,;.,ry d;s+r;,,+ZOne, or if the site is regulated in a certain manner in order to
achieve the purposes of this title. (Ord. 6185 § 1, 2008; Ord. 4229 § 2, 1987.)
18.04.265 Condominium.
"Condominium" means a form of ownership in which individuals purchase and
own individual units in a multi-unit complex and jointly own and share financial
responsibilitv for certain common areas. Residential condominiums in multifamily
buildings differ from apartments in that each unit is individuallv owned, and any
land in the proiect is owned in common bv all householders.
18.04.270 Conforming use.
"Conforming use" means an activity the nature and type of which is permitted in
the zone in which the property on which it is established is located. (Ord. 4229 §
2, 1987.)
18.04.280 ContraGt .
Repealed °-dontFaGt Feze„°',ea~s an--agreement be#we°^,-t",e s+ty a^a
obligatiORS. , mus
,
plaR ((1riJ 42~~.)
18.04.285 Dangerous waste.
"Dangerous waste" means those solid wastes designated in WAC 173-303-070
through 173-303-103 as dangerous waste. (Ord. 4294 § 2, 1988.)
18.04.290 Daycare center, nursery school, preschool.
"Daycare center," "nursery school," "preschool" means any type of group daycare
programs, for children or adults, including nursery schools for children under
minimum age for education in public schools, parent cooperative nursery
schools, playgroups for preschool children, covering afterschool care for school
children, and programs which provide organized learning and education
experiences, provided such establishments are licensed by the state and
conducted in accordance with state requirements. For the purpose of this title the
following shall also apply to daycare center, nursery schools or preschools:
Ordinance No. 6245
May 27, 2009
Page 33 of 151
A. "Babysitting care" means a dwelling which provides occasional custodial care
to children, for periods of less than 24 hours, who do not reside within the
residence of the person providing the care. Babysitting care is not necessarily
provided in exchange for compensation.
B. "Home based daycare" means a licensed daycare that regularly provides
daycare for not more than 12 children or adults in the provider's home in the
family living quarters, for periods of less than 24 hours.
C. "Mini daycare center" means a place, other than the home of the provider,
which provides regular custodial care for one to 12 children, for periods of
less than 24 hours.
( D. "Daycare center" means a place, other than the home of the provider, which
provides regular custodial care for 12 or more children, for periods of less
than 24 hours.
I E. "Preschool/nursery school" means a place, other than the home of the
provider, which provides regular custodial care and/or organized learning and
educational experiences for children. (Ord. 4705 § 2, 1994; Ord. 4229 § 2,
1987.)
18.04.295 Designated facility zone.
~"Designated facility zone" means az^^;^^ di°+r;^+zone in which hazardous waste
treatment and storage facilities are allowed uses, subject to the state siting
criteria designated in Chapter 70.105 RCW. (Ord. 4294 § 2, 1988.)
18.04.300 Density.
"Density" is a measure of population, housing units, or buildinq area related to
land area, and expressed as a ratio, i.e., one dwellinq unit per acre. See ACC
18.02.065 for features that are deducted from site area in the Citv of Auburn's
calculation of density. means t"° ^um"°~~unit6 wi4hin , spcGified aT~
of d,.,oirng Unu+S ffi„ +ho aFoa. (Ord. 4229 § 2, 1987.)
18.04.301 Densitv, base.
"Base densitv" refers to the qreatest number of dwelling units allowed without
application of bonus density provisions of ACC 18.25 or ACC 18.49 per land area
in a specific zone expressed as a ratio. For example, in a zone with a maximum
density of 4 units per acre, the maximum number of housinq units allowed on
0.25-acre-lot is one unit.
Ordinance No. 6245
May 27, 2009
Page 34 of 151
18.04.302 Densitv bonus.
"Densitv bonus" refers to residential units allowed in excess of the base densitv
of a particular zone Densitv bonuses may be qranted to residential developers
in exchanqe for recoqnized public benefits qursuant to ACC 18.25 or ACC 18.49.
18.04.302 Densitv, minimum.
"Minimum densitv" refers to the least number of dwellinq units allowed per land
area in a specific zone expressed as a ratio For example in a zone with a
minimum density of 12 units per acre development of a 2-acre lot would require
a minimum of 24 units.
18.04.310 Development standards.
"Development standards" means regulations pertaining to setbacks, landscaping,
height, site coverage, signs, building layout, site design and related features of
land use. (Ord. 4229 § 2, 1987.)
18.04.320 ^°-mc*Gt.
Repealed. " ' ' "
, , apply
. (Ord. ,
18.04.330 Dwelling.
"Dwelling" means a building designed exclusively for residential purposes ;
RG'ud+Rg-for occupancv bv a person or family with one or more rooms for livinq
and sleepinq purposes containinq kitchen facilities and rooms with internal
accessibilitv includina sinqle-family, two-family and multiple-family dwellings, but
not including hotels or motel units without kitchens. (Ord. 4229 § 2, 1987.)
18.04.340 Dwellings, types of.
"Types of dwellings" means:
I A. Dwelling, 9-ReSinqle-Family. "BPeSin le-family dwelling" means a detached
building designed exclusively for occupancy by one family and containing one
dwelling unit that is permanently attached to the ground. A manufactured
home may be considered a enesin le-family dwelling if sited per ACC
18.4931.050.
B. Dwelling, Two-Family (Duplex). "Two-family dwelling" or "duplex" means a
building designed exclusively for occupancy by two families living
independently of each other, and containing two dwelling units.
Ordinance No. 6245
May 27, 2009
Page 35 of 151
C. Dwelling, Multiple-Family. "Multiple-family dwelling" means a building
~ designed eXelus' .ly for occupancy by three or more families living
independently of each other, and containing three or more dwelling units.
D. Dwelling, Townhouse. "Townhouse dwelling" means a building designed
~ exclusively for occupancy by one family
occupying space from the ground to the roof and not lying vertically under or
over adjacent units, and attached to one or more other dwelling units by
common watls. (Ord. 6162 § 1, 2008; Ord. 4229 § 2, 1987.)
18.04.350 Dwelling unit.
"Dwelling unit" means one or more rooms designed for or occupied by one family
for living or sleeping purposes and containing kitchen facilities for use solely by '
one family. All rooms comprising a dwelling unit shall have access through an
interior door to other parts of the dwelling unit. An efficiency apartment, also
known as a studio apartment constitutes a dwelling unit within the meaning of
this title. (Ord. 4229 § 2, 1987.)
18.04.355 Extremely hazardous waste.
"Extremely hazardous waste" means those solid wastes designated in WAC 173-
303-070 through 173-303-103 as extremely hazardous waste. (Ord. 4294 § 2,
1988.)
18.04.360 Family.
"Family" means a person living alone, e-r--two or more persons related by blood or
marriaqe, or a qroup of eiqht or fewer residents who are not related bv blood or
marriaqe,customarily living together as a single housekeeping unit and using
common cooking facilities, as distinguished from a group occupying a hotel, club,
I boardinghouse or lodginghouse. For purposes of this definition minors living with
parent shall not be counted as pa rt o f t h e m a x i m u m n u m b e r o f r e s i d e n t s ( O r d.
4229 § 2, 1987.)
18.04.370 Fence.
"Fence" means a masonry wall or a barrier composed of posts connected by
boards, rails, panels, or wire for the purpose of enclosing space or separating
parcels of land. The term "fence" does not include retaining walls. (Ord. 4229 § 2,
1987.)
18.04.372 Fence, screened.
"Screened fence" means a fence providinq a hiqh deqree of visual bufferinq
between two areas that meets the requirements of ACC 18.31 and 18.50.
Ordinance No. 6245
May 27, 2009
Page 36 of 151
18.04.374 Fence, 100 percent siqht-obscurinq.
100 percent siqht-obscurinq fence" means a fence that completelv obstructs
view between finro areas and/or completelv obstructs view between two adioininq
uses and meets the requirements of ACC 18.31 and 18.50.
18.04.380 Floor area.
"Floor area" means a total floor area within the walls of all buildings on a lot or
building site, except for the spaces therein devoted to vents, shafts and light
courts and except for the area devoted exclusively to loading and unloading
facilities and to parking of motor vehicles. (Ord. 4229 § 2, 1987.)
18.04.390 Foster care home.
"Foster care home" means a home which provides regular care for up to four
developmentally disabled adults, or up to four adults who are recipients of state
or federal financial assistance services, or up to four foster children under the
age of 18, or up to three expectant mothers in a residential structure of the
person or persons under whose direct care and supervision the people are
placed. (Ord. 4229 § 2, 1987.)
18.04.400 Garage or carport, residential.
"Residential garage or carport" means a building or a portion of a building
principally used for vehicular equipment such as automobiles, boats, etc., in
which only motor vehicles used by the tenants of the building or buildings on the
premises are stored or kept. (Ord. 4304 § 1(1), 1988; Ord. 4229 § 2, 1987.)
18.04.410 Garage, commercial.
"Commercial garage" means any garage not a residential garage, and which is
used for storage, repair, rental, servicing or supplying of gasoline or oil to motor
vehicles. (Ord. 4229 § 2, 1987.)
18.04.411 Golf course.
See ACC 18.04.746 Private country club and qolf courses.
18.04.412 Governmental facilities.
Facilities of any unit of citv county, state federal, or special district aovernment.
Types of facilities include communitvi centers, vehicle and drivers licensinq
offices public works maintenance and operations facilities courts of law, school
support facilities and other types of citv county, state, school district, special
district or federal facilities. This definition excludes iails, municipal parks, transit
facilities sewaqe treatment plants schools, municipally owned airports, libraries,
and utility facilities and substations as defined in this chapter.
Ordinance No. 6245
May 27, 2009
Page 37 of 151
18.04.420 Grade.
"Grade" means the average of the finished ground level at the center of all
exterior walls of a building. In case walls are within five feet of a public sidewalk,
alley or other public way, the grade shall be the elevation of the sidewalk, alley or
public way. (Ord. 4229 § 2, 1987.)
18.04.425 Green building practices.
"Green building practices" (as defined by the U.S. Green Building Council,
~ Leadership in Enerqy and Environmental Desiqn fLEEDl Program) means
practices that conserve resources, use recycled content materials, maximize
energy efficiency, and otherwise consider environmental, economic, and social
benefits in the design and construction of a building project. See ACC 18.04.525
for more information on LEED. (Ord. 6036 § 6, 2006.)
18.04.430 Gross floor area.
"Gross floor area" includes all floor area within the exterior walls of the building
including area in halls, storage, and partitions, but excluding furnace and similar
utility space used solely to maintain the building for occupancy. (Ord. 4229 § 2,
1987.)
18.04.440 Group residence facility.
"Group residence facility" means a facility licensed by the state and operated with
full-time supervision for housing resident persons who, by reasons of their mental
or physical disability, addiction to drugs or alcohol, or family and social
adjustment problems, require a transitional nonmedical treatment program for
rehabilitation and social readjustment. For the purposes of this title, a nonmedical
treatment program consists of counseling, vocational guidance, training, group
therapy and other similar rehabilitative services but does not include drug and/or
alcohol detoxification. Monitoring the taking of prescription medication shall be
permitted. The use of inedication by any resident shall be incidental to that
person's residence in the facility and shall not be a criterion for residence in the
facility. This definition does not include residential dwellings which meet all other
requirements of this title, that provide programs related to this definition or which
provide services of a nursing home as defined by ACC 18.04.660. (Ord. 4590 § 2
(Exh. A), 1992; Ord. 4304 § 1(2), 1988; Ord. 4229 § 2, 1987.)
18.04.450 Guest cottage.
"Guest cottage" means an accessory, detached dwelli-~building with bathroom,
living and sleepinq areas without any kitchen facilities designed for and used to
house transient visitors or nonpaying guests of the occupants of the main
I bwild+agdwellinq. (Ord. 4229 § 2, 1987.)
Ordinance No_ 6245
May 27, 2009
Page 38 of 151
18.04.452 Hazardous material.
"Hazardous material" means a substance or materials in a quantity or form that
may pose an unreasonable risk to health, safety or property when stored,
transported or used in commerce. For specific definitions of hazardous materials
see Code of Federal Regulations, Title 49, as amended; the k)-p+€eFMlnternational
Fire Code, as amended; and the Aubu4:Wallev Reqional Fire
nopaF+mon+nuthoritv General Hazardous Materials Guidelines, as amended.
(Ord. 4294 § 2, 1988; Ord. 4229 § 2, 1987.)
18.04.453 Hazardous substance.
"Hazardous substance" means any liquid, solid, gas or sludge, including any
material, substance, product, commodity or waste, regardless of quantity that
exhibits any of the characteristics or criteria of hazardous waste as defined by
Chapter 713-303 WAC. (Ord. 4294 § 2, 1988.)
18.04.454 Hazardous substance processing or handling.
"Hazardous waste processing or handling" means the use, storage, manufacture,
production or other land use activity involving hazardous substances. Hazardous
substances processing and handling activities do not include individually
packaged household consumer products or quantities of hazardous substances
of less than five gallons in volume per container. (Ord. 4294 § 2, 1988.)
18.04.455 Hazardous waste.
"Hazardous waste" means and includes all dangerous (see ACC 18.04.285) and
extremely hazardous waste (see ACC 18.04.355). (Ord. 4294 § 2, 1988.)
18.04.456 Hazardous waste storage.
"Hazardous waste storage" means the holding of hazardous waste for a
temporary period. Accumulation of waste on the site of generation is not storage
as long as the storage complies with applicable requirements of Chapter 173-303
WAC. (Ord. 4294 § 2, 1988.)
18.04.457 Hazardous waste treatment.
"Hazardous waste treatment" means the physical, chemical or biological
processing of dangerous waste to make such wastes nondangerous or less
dangerous, safer for transport, or amenable for energy or material resource
recovery. (Ord. 4294 § 2, 1988.)
Ordinance No. 6245
May 27, 2009
Page 39 of 151
18.04.458 Hazardous waste treatment and storage facility, off-site.
"Off-site hazardous waste treatment and storage facility" means the treatment
and storage of hazardous wastes from generators on properties other than that
on which the off-site facility is located. (Ord. 4294 § 2, 1988.)
18.04.459 Hazardous waste treatment and storage facility, on-site.
"On-site hazardous waste treatment and storage facility" means the treatment
and storage of hazardous wastes generated on the same site. (Ord. 4294 § 2,
1988.)
18.04.460 Home occupation.
"Home occupation" means any activity undertaken for gain or profit and carried
on in a dwelling, or building accessory to a dwelling. (Ord. 4229 § 2, 1987.)
18.04.465 Homeless encampment.
"Homeless encampment" means an emergency homeless encampment hosted
by a church or other organization, which provides temporary housing to
homeless persons. (Ord. 6014 § 2, 2006.)
18.04.466 Horse ridinq, commercial.
"Horse ridina, commercial" means a land use established for the purpose of
providinq equestrian trails or other facilities for ridinq and keepinq horses for a
fee. This use includes bridle trails.
18.04.470 Hospital.
"Hospital" means an institution specializing in giving clinical, temporary and
emergency services of a medical or surgical nature to human patients and which
is licensed by state law to provide facilities, includinq overnight accommodations
and services in surgery, obstetrics and general medical practice. This definition
does not include small animal hospital or clinics or veterinarv clinics as defined
in 18.04.480. (Ord. 4229 § 2, 1987.)
18.04.480 Hospital or clinic, small animal.
"Small animal hospital or clinic" means an establishment in which veterinary
medical services and/or clipping, bathing and similar services are rendered to
dogs, cats and other small animals and domestic pets, not including kennels.
~ This definition does not include hospitals as defined in 18.04.470. (Ord. 4304 §
1(3), 1988; Ord. 4229 § 2, 1987.)
18.04.485 Host agency.
"Host agency" means the owner of the property, being a religious institution or
other organization, that joins a sponsoring agency in an application for a
Ordinance No. 6245
May 27, 2009
Page 40 of 151
temporary use permit for providing basic services and support to homeless
encampment residents, such as hot meals, coordination of other needed
donations and services, etc. (Ord. 6014 § 3, 2006.)
18.04.490 Hotel.
"Hotel" means any building containing six or more guest rooms intended or
designed to be used, or which are used, rented, or hired out to be occupied, or
which are occupied for sleeping purposes by guests.- and includes additional
amenities such as banquet halls and meetinq facilities . Hotels include but are
not limited to motels and extended stav hotel accommodations. Hotels do not
include rentinq of rooms, boardinqhouse, or bed and breakfast accommodations.
(Ord. 4229 § 2, 1987.)
18.04.495 Household pet.
"Household pet" means a domesticated animal of ordinary species that lives, or
is commonly known to be capable of living, within the confines of a residence.
Animals considered to be common household pets include but are not
necessarilv limited to the followinq: doqs, cats, rabbits, indoor birds, small
rodents, and fish. Animals not considered to be common household pets include
but are not necessarily limited to the following: horses, cows, goats, sheep,
swine, donkeys, chickens, endangered or exotic species and any similar
species.-. (Ord. 5777 § 1, 2003; Ord. 4229 § 2, 1987. Formerly 18.04.720.)
Animal control is governed bv Kinq Countv code Title 11, Animal Care and
ControL
18.04.496 Housinq rehabilitation.
"Housinq rehabilitation" means the renovation of an existing housinq unit for the
purpose of preservinq existing housing stock, often as a means to provide
affordable housinq within an established residential neiqhborhood. See ACC
18.49.
18.04.497 Impervious surface.
"Impervious surface" means a hard surface area which either prevents or retards
the entrv of water into the soil mantle as under natural conditions prior to
development. A hard surFace which causes water to run off the surface in qreater
quantities or at an increased rate of flow from the flow present under natural
conditions prior to development.
18.04.498 I ncidental.
"Incidental" means reasonably related, as determined by the planninq director.
One use is incidental to another when it is reasonablv related to another (i.e., a
qaraqe is incidental to the sinqle-family dwelling unit).
Ordinance No. 6245
May 27, 2009
Page 41 of 151
18.04.499 Intensitv.
"Intensity" refers to the level of development or activity on a site, in terms of both
the nature of uses and the concentration of those uses as indicated by residential
density (dwelling units per acre), or floor area ratio. For example, a site with a
mixed-use complex with a commercial retail component and a hiqh density multi-
family residential component would display a higher level of intensity than the
same sized property with a low-density, sinqle-family residential development.
18.04.500 Junkyard.
"Junkyard" includes automobile wrecking yards and salvage yards or any
premises devoted wholly or in part to the storage, buying or selling of, or
otherwise handling or dealing in, old rags, sacks, bottles, cans, papers, metal,
rubber or other articles commonly known as junk. (Ord. 4229 § 2, 1987.)
18.04.510 Kennel.
"Kennel" means a place where four or more adult dogs or cats or any
combination thereof are kept, whether by owners of the dogs or cats or by
persons providing facilities and care, whether or not for compensation, but not
including a small animal hospital or clinic. An adult dog or cat is one of either sex,
altered or unaltered, that has reached the age of four months. (Ord. 4229 § 2,
1987.)
18.04.515 Kitchen.
"Kitchen" means any room or portion of a room designed to be used for cooking
or the preparation of food, having a kitchen-type sink and provisions available for
I°^°rm°^°n~an installed gas or electric stove or range. (Ord. 4304 § 1(4), 1988.)
18.04.520 Landscaping.
"Landscaping" means vegetative cover including shrubs, trees, flowers, seeded
lawn or sod, ivy and other similar plant material. (Ord. 4229 § 2, 1987.)
18.04.522' °a un" ar°aReserved.
« „
Gity'S ,
. (Ord. ,
18.04.525 Leadership in energy and environmental design (LEED).
"Leadership in energy and environmental design (LEED)" means a national
standard for developing high-performance, sustainable buildings. (Ord. 6036 § 7,
2006.)
Ordinance No. 6245
May 27, 2009
Page 42 of 151
18.04.530 Lot.
« „ « „
use, , and ,
are Tpp~FT~~~ . anno6G tn an imr~rn~icrl r~~ ihlin 6troo ,
o •
sir~ivlo Int nf ronnrrl•
L1 T
B: ;
. , aRd peFtiens E)f lot6 of FeGGFd,
nrnrossod to rcmnvo tho in4crinr In4 liRoc•
e
D. f pFevwded,
av°cs n^vt m@2t the F2quFF2m2ntS-@f thIs--G6de. LEAS-6f~' 2d-by -+c~'°TT- GvURiT
's OffoGe shall Rot be G9RsideFed as building lGt6 OF lets that GaR be
fLiFtheF sLibdivuded Liniess OR aGGOFdaRGe woth this tutle aRd land divisiGR
errl[~c / (l rr! ~i '17 (1 'I> '1 9QS2> • (l rrl . 4229 z-> i-vv~ )
vti~Gn-~-~rr-v-~
"Lot" is defined in ACC 17.04.200.
18.04.540 Lot area.
"Lot area" means the total horizontal area within the boundary lines of a lot,
however, the area contained in access easements, tracts, or panhandles shall
not be included in the lot area or anv other lot size computation. (Ord. 4229 § 2,
1987.)
18.04.550 Lot coverage.
"Lot coverage" means that percentage of the plot or lot area covered by all
buildings including accessory buildings and uses. Coverage is determined by
~ measuring #emalonq a horizontal plane from the outermost edge of eaves,
cornices, overhangs, or areas covered by a weathertight roof. The first two feet of
an eave overhang will, however, not be used in the lot coverage calculation. See
Lot coverage illustration below. (Ord. 4705 § 2, 1994; Ord. 4229 § 2, 1987.)
Ordinance No. 6245
May 27, 2009
Page 43 of 151
~ ACC 18.04.550 - Lot Coverage
i
I {
I j
I j
I j
I j
I j
I j
j Lat Caverage ~
I j
I j
E I
4 Ff rst two feet of eave ; I
overhang not counted
i toward lot coverage. C I
~
I ! ' {
I j I
1 j
I j
~
I
I j
~ I
~ I
I j
Street
I 18.04.560 Lot dimensions.
A. "Lot depth" means:
1. If the front and rear lines are parallel, the shortest distance between such
lines;
2. If the front and rear lines are not parallel, the distance between the
midpoint of the front lot line and the midpoint of the rear lot line. See Lot
depth illustration below.
B. "Lot width" means the horizontal distance befinreen the lot side lines measured
at right angles to the line comprising the depth of the lot at a point midway
between the lot front line and the lot rear line. See Lot width illustration
below. (Ord. 4229 § 2, 1987.)
Ordinance No. 6245
May 27, 2009
Page 44 of 151
~ Rear lot line midpoint ACC 18.04.560A - Lot Depth
I ~
_._.T._._.--------- .T.._._._._._._.._.-----
~ 1 I I ~
~ I I 1 ~
~ I I I ~
i I
O_ pL ~
I J ~ I o I
I
Front lot line ~ I I I
midpoint
I
I ~ I
~ I I
Street
! ACC 18.04.5606 - Lot Width
I
r.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-'-'-._'_.
~ s' I L -T _I
a I a' I I
~ o I o I I ~
I o ~ o
I J I c; I I I
~ I J i I ~
Lot Width ~ I
i 1 I ~
I j
LineofDepth 90~
midpoim I ' Lot Width j j Lot Width I
I 90.
Line of Oepth
midpoint
I j ~ I
I ' I ~ I
~ ' I I
Street
18.04.570 Lot lines.
"Lot tines" means the lines bounding the lot. For purposes of establishinq a
setback line for a lot, "lot lines" shall also mean the limits of a private street, when
such a street is located on the lot. See Lot line illustrations below.
Ordinance No. 6245
May 27, 2009
Page 45 of 151
A. Front lot line:
1. For an interior lot, the front lot line shall be that lot line which abuts the
street right-of-way.
2. For a corner lot, the front lot line shall be that lot line which abuts a street
right-of-way and bests conforms to the pattern of existing site
development and/or the pattern of adjacent development, as determined
I by the plannincldirector.
3. For a through lot, the front lot line shall be that lot line which abuts a
nonarterial street or from which primary access is provided.
B. Rear lot line: the line opposite, most distant and most parallel with the front lot
line. For a biangular or gore-shaped lot, a line 10 feet in length within the lot
and farthest removed from the front lot line and at right angles to the line
comprising the depth of the lot shall be used as the rear lot line.
C. Side lot line: all lot lines which do not qualify as a rear or front lot line.
D. Panhandle lot lines: for a panhandle lot, the lot lines shall be approved by the
planning director. The lot lines shall be most consistent with the adjoining lot
lines and shall take into consideration any unique physical characteristics of
the property. (Ord. 6031 § 1, 2006; Ord. 4503 § 1, 1991; Ord. 4229 § 2,
1987).
ACC 18.04.570 - Lot Lines
w a ° ~
~J C
H ~
q N
~ V
~
J
Q
_ _
~ RearLOtLine ( PearLOtUne ~ I I
I ~ 1
SldeLot
lines
I i ~ I / I
~ Sideloclines
~ I I~I I
~ Front Lot Line j Front toc Line
local Street
Ordinance No. 6245
May 27, 2009
Page 46 of 151
ACC 18.04.560-570 - Lot Dimensions and Lot lines for Gore-Shaped Lots
Street
z i St~re~et
r,~~nc~~c~ n^
of'
\ 000
~ v
LineofDepth ~ / a \
midpoint v
a
Line of Depth
\ g(r LOt WIdth / l / midpoint `
~ j / Lot width \
9T \
Rear Lot Line
(10'segmentper
ACG18.04.5706)
Rear Lot Line
18.04.580 Lot of record.
"Lot of record" m°°^c W"i^" is Feserdeddefined in
er DDiorno (~O~ ~n4~i an~1 in G rm o ~iit~r h ~c~ +ir~lo -arn~rc rl ~~anrl rli~~
~}6c ~m- v~rr~ ~
erdgnaf~seACC 17.04.220. (Ord. 5170 § 1, 1998; Ord. 4503 § 1, 1991; Ord. 4229
§ 2, 1987.)
18.04.590 Lot types.
A. "Corner lot" means a lot situated at the intersection of two or more streets.
B. "Interior lot" means a lot that is neither a corner or through lot.
C. "Through lot" means a lot other than a corner lot, which abuts two streets.
D. "Panhandle lot" means a lot accessed, from the abutting street, by a narrow
corridor of land within the same lot.
The area within the panhandle access shall not be included in any lot size
calculation including lot area, lot width, lot depth or lot coverage.
No buildings shall be erected within the panhandle access.
I See ACC 184-8.13017.10.120 for development standards for panhandle lots.
See Lot Types illustration below. (Ord. 5543 § 1, 2001; Ord. 4503 § 1, 1991;
Ord. 4229 § 2, 1987.)
Ordinance No. 6245
May 27, 2009
Page 47 of 151
i ACC 18.04.590 - Lot Types
i ~
i i
i i
i i
i i
Through Lot
----------i---------------r------------
i !
i ~
i ~
~ Panhandle Lot ~ Interior Lot
~ I
I ~
I ~
Corner Lot I ~ I
~ Interior Lot I ~ Corner Lot
I ~ I
f ~ I
I ~ I
I
Street
18.04.595 Low impact development.
"Low impact development" means a stormwater management and land
development strategy that emphasizes conservation and use of on-site natural
features integrated with engineered, small-scale hydrologic controls to more
closely mimic pre-development hydrology. The goal is to prevent measurable
harm to streams, lakes, wetlands, and other natural aquatic systems from
commercial, residential or industrial development sites. (Ord. 6036 § 8, 2006.)
18.04.600 Manufactured home.
("Manufactured home" means a enesin le-family dwelling which:
A. Is comprised of at least two fully enclosed parallel sections each of not less
than 12 feet wide by 36 feet long;
B. Was originally constructed with and now has a composition or wood shake or
shingle, coated metal, or similar roof of nominal 3:12 pitch; and
Ordinance No. 6245
May 27, 2009
Page 48 of 151
C. Has exterior siding similar in appearance to siding materials commonly used
~ on site-built ef~esin le-family homes built in accordance with the International
Building Code (IBC). (Ord. 6162 § 2, 2008; Ord. 4350 § 2, 1989; Ord. 4229 §
2, 1987.)
This definition does not include a mobile home as defined by ACC 18.04.630
or a recreational vehicle as defined by ACC 18.04.780. A manufactured
home may be considered a sinqle-familv dwellinq if sited per ACC 18.31.050.
18.04.610 Manufactured home pa*communitv.
"Manufactured home pa-Fkcommunitv" means an area of not less than five acres
designed to accommodate individual manufactured homes within the approved
community boundaries. (Ord. 4229 § 2, 1987.)
18.04.620 Medical-dental clinic.
"Medical-dental clinic" means an establishment for treatment of outpatients, and
providing no overnight care for patients. (Ord. 4229 § 2, 1987.)
18.04.630 Mobile home.
"Mobile home" means a factory-constructed residential unit with its own
independent sanitary facilities, that is intended for year-round occupancy, and is
composed of one or more major components which are mobile in that they can
be supported by wheels attached to their own integral frame or structure and
towed by an attachment to that frame or structure over the public highway under
license or by special permit. This definition does not include a manufactured
home as defined by ACC 18.04.600 or a recreational vehicle as defined by ACC
18.04.780. (Ord. 6162 § 3, 2008; Ord. 4350 § 2, 1989; Ord. 4229 § 2, 1987.)
18.04.640 Motel.
"Motel" or "motor hotel" means a group of buildings containing individual sleeping
or living units, designed for use by automobile tourist or transients, with garage
attached or parking space conveniently located to each unit. (Ord. 4229 § 2,
1987.)
18.04.641 Multi-modal transportation corridor.
"Multi-modal transportation corridor" refers to a transportation route that
accommodates, and contains facilities for more than a single form, or mode, of
transportation. Multi-modal corridors provide opportunities for travel by
automobile, transit, and non-motorized transportation and include relevant
infrastructure improvements, such as dedicated bicvcle lanes, sidewalks, and
transit stations and shelters.
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18.04.642 Municipal park.
"Municipal park" is a parcel or tract of land provided by a unit of qovernment to
meet the active and/or passive recreational needs of people. This definition
includes associated playqrounds and active recreation areas.
18.04.643 Museum.
"Museum" is a cultural facility established and used for the education and
eniovment of the public throuqh exhibits and displavs of historical, cultural, or
other related subjects.
18.04.644 Neiqhborhood recreation buildinqs.
Facilities owned and manaqed bv a neiqhborhood homeowners' association for
recreational and community gatherinqs.
18.04.645 Neiqhborhood Services.
Neiqhborhood Services as listed herein are intended to include commercial
establishments that provide qoods and services that are considered to be basic
to the needs of a local neiqhborhood, and the provision of which would typically
be primarily within the local market area. For the purposes of Chapter 18.49
ACC, neighborhood services establishments include: Bakerv and pastrv shops,
products made must be sold at retail on the premises; produce markets; retail
qrocery stores; delicatessens, restaurants or sandwich shops, limited to a seatinq
area of 25 seats; hardware stores; retail banks or bank branches; pharmacies;
davcare facilities; or other services subiect to the approval of the planning
director. See ACC 18.49.
18.04.648 Net Densitv.
"Net density" is a measure of the net site area as defined in ACC 18.02.065.
18.04.650 Nonconforming use.
"Nonconforming use" means a use which when commenced, complied with use
regulations applicable at the time when such use was commenced, and which
~ does not conform to the existing use regulations of the di6tFis~zone where the use
is now being conducted or carried on. The term "nonconforming use" shall be
applicable to use of buildings, structures, and land. This definition does not
include those uses existing in the zone, prior to the adoption of this title, which
would now require an administrative or conditional use permit to operate in the
zone. Any expansion of the space, volume or area of the use would then require
an administrative or conditional use permit as this title may require. (Ord. 4229 §
2, 1987.)
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18.04.660 Nursing home.
"Nursing home," "rest home," "convalescent home," "guest home" and "home for
the aged" means a home operated similarly to a boardinghouse but not restricted
to any number of guests or guest rooms, the operator of which is licensed by the
state or county to give special care and cure to his or her charges, and in which
nursing, dietary and other personal services are furnished to convalescents,
invalids and aged persons, and in which homes are performed no surgery,
maternity or any other primary treatments such as customarily provided in
hospitals, and in which no persons are kept or served who normally would be
admitted to a mental hospital or to a group residence facility. This definition does
not include rou residence facilities as defined in this titfe. (Ord. 4304 § 1(5),
1988; Ord. 4229 § 2, 1987.)
18.04.670 Occupancy.
"Occupancy" means the purpose for which a buitding is used or intended to be
used. The term shall also include the building or room housing such use. Change
of occupancy is not intended to include change of tenants or proprietors. (Ord.
4229 § 2, 1987.)
18.04.672 Outdoor sales.
"Outdoor sales" means an open area used for the display, sale, or rental of
goods and/or materials that are actively marketed and readily available for
general public consumption. This does not include storage areas of materials that
are sold elsewhere on the premises or junkyards as defined by ACC 18.04.500.
(Ord. 4229 § 2, 1987.)
18.04.676 Outdoor storage.
"Outdoor storage" means the keeping of materials, supplies, equipment,
machinery and vehicles which are not currently licensed or capable to operate on
public streets or highways, in an open, uncovered yard or nonwalled buildings.
This definition includes junkyards as defined by ACC 18.04.500, but excludes
outdoor sales as defined by ACC 18.04.672. (Ord. 4229 § 2, 1987.)
18.04.678 Panoram or peepshow.
Repealed by Ord. 5835. (Ord. 4885 § 4, 1996.)
18.04.680 Parking area.
~"Parking area" includes #hean off-street parking spac;,earea together with
driveways and the access to a public street. (Ord. 4229 § 2, 1987.)
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18.04.690 Parking space or stall.
A"parking space" is any off-street space intended for the use of vehicular parking
with ingress or egress to the space which is easily identifiable. (Ord. 4229 § 2,
1987.)
18.04.692 Parkinq structure
"Parkina structure" means a sinqte or multi-level structure intended for the use of
v_ehicular parkina as opposed to an uncovered surtace parkinq lot This
definition includes both stand-alone arkin ara es and structured arkin as
incorporated into a buildinq the primarV purpose of which is not parkinq (i e
rooftop or basement parkin areas)
18.04.696 Permitted use.
"Permitted use" is a land use that is allowed )utri ht within a zone.
18.04.700 Person.
"Person" means natural person, joint venture, joint stock company, partnership,
association, ctub, company, corporation, business, trust, organization, or the
manager, lessee, agent, servant, officer or employee of any of them. (Ord. 4229
§ 2, 1987.)
18.04.710 Personal service shop.
"Personal service shop" means premises devoted to hair styling, cutting or
permanents, manicurists, custom tailoring, and similar related uses. (Ord. 4229 §
2, 1987.)
18.04.730 Planning commission.
"Planning commission" means that body created by Chapter 2.45 ACC. (Ord.
4229 § 2, 1987.)
18.04.740 Planning director.
"Planning director" means the director of
the c-i#yAuburn department of planning, buildinq and communityl or 4+s
designeeits success_or, unless otherwise specified. (Ord. 4229 § 2, 1987.)
18.04.744 Prerelease facility.
"Prerelease facility" has the same meaning as "work release facility" for the
purposes of this title. See ACC 18.04.914. (Ord. 4590 § 3(Exh. B), 1992.)
18.04.746 Private countrv clubs and qolf courses, excludinq drivinq ranqes
An area desianed and used for plavina qolf, includinq alf accessory uses
incidental to the operation of the facilitv This definition mav include private
Ordinance No. 6245
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countrv club or qolf courses open to the qeneral public. This definition excludes
other outdoor recreational facilities such as drivinq ranqes, municipal parks, or
commercial horse ridinq and bridle trails.
18.04.748 Privatelv owned and operated Parks and Plavqrounds.
"Privately owned and operated parks and playqround" is a parcel or tract of land
provided bv a private entity to meet the active and/or passive recreational needs
of people This definition includes associated playqrounds and active recreation
areas. This use excludes municipal park.
18.04.750 Professional offices.
"Professional offices" means offices maintained and used as places of business
conducted by persons engaged in health services for human beings, such as
doctors and dentists, and by engineers, attorneys, realtors, architects,
accountants, clerical, and other recognized general office and medical
occupations. (Ord. 4229 § 2, 1987.)
18.04.752 Prohibited use.
"Prohibited use" means any use which is not specificallv enumerated or
interpreted by the Citv as allowable in that zone. Anv use not specificallv listed
as a permitted conditional or accessorv use is prohibited, except those
determined to be unclassified and permitted by the Planninq Director pursuant to
ACC 18.02.120(C)(6). Anv prohibited use is illeqal.
18.04.754 Public Art.
"Public art" refers to works of art regardless of inedium, that are primarily
desiqned for and presented in the public domain includina work displaved in
common areas of publicly accessible buildinqs.
18.04.756 Public Recreational Amenitv.
"Public recreational amenitv" is anv recreational facility that is incorporated into a
development for public use including but not limited to children's playqrounds,
tennis basketball, or other sport court or field.
18.04.760 Public use.
"Public use" means a use operated exclusively by a public body, such use having
the purpose of serving the public health, safety, or general welfare, and including
uses such as public schools, parks, playgrounds, and administrative and service
facilities. (Ord. 4229 § 2, 1987.)
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18.04.770 Quasi-public use.
"Quasi-public use" means a use operated by a private nonprofit educational,
religious, recreational, charitable, or medical institution having the purpose
primarily of serving the general public, and including uses such as churches,
private schools, and universities, community, youth and senior citizen
recreational facilities, private hospitals, and the like. (Ord. 4229 § 2, 1987.)
18.04.780 Recreational vehicle, camping trailer, travel trailer, motor home
and truck camper.
"Recreational vehicle," "camping trailer," "travel trailer," "motor home" and "truck
camper" mean vehicular-type units primarily designed as temporary living
quarters for recreational, camping or travel use, with or without motive power,
being of such size or weight as not to require a special highway movement
permit and is licensed by the state as a recreational vehicle. (Ord. 4350 § 2,
1989; Ord. 4229 § 2, 1987.)
18.04.790 Recreational vehicle park.
"Recreational vehicle park" means a parcel of land designed and improved to
accommodate two or more recreational vehicles on a temporary basis. Spaces
are typically rented for overnight use, not to exceed 120 days. (Ord. 4229 § 2,
1987.)
18.04.792 Religious institution.
"Religious institution" means an establishment that provides religious worship,
religious services or religious ceremonies as its principal use with the sanctuary
or principal place of worship contained within a principal building. Incidental and
~ accessory uses that include SURdaychapels or subordinate places of worshp
school rooms, daycare, classrooms, kitchen, library room or reading room,
recreation hall or offices are permitted in the principal building or in separate
buildings. Caretaker's quarters or living quarters for employees are also
permissible.
18.46.090, as an accessorv use. The following incidental and
accessory uses to a reliqious institution are not permitted unless allowed under a
valid temporarv use permit issued pursuant to ACC 18.46.090: (A) facilities for
training of religious orders; (B) nonemployee rooms for rent, boarding rooms or
similar facilities; or (C) public showers or other public health services. (Ord. 6014
§ 1, 2006; Ord. 5550 § 1, 2001.)
18.04.794 Rentinq of Rooms.
"Rentinq of Rooms" is the provision of rooms for lodqing purposes to not more
than two persons in addition to the family who lives in the residence
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18.04.800 Residence.
"Residence" means a building or structure, or portion thereof, which is designed
for and used to provide a place of abode for human beings, but not including
hotels or motel units having no kitchens. The term "residence" includes the term
"residential" as referring to the type of, or intended use of a building or a
structure. (Ord. 4229 § 2, 1987.)
I 18.04.W5804 Restaurant, full-service.
"Full-service restaurant" means a public eating place that is used, maintained,
advertised and held out to the public as a place that has a full dinner and/or lunch
menu serving full course meals, daily prepared in its own kitchen, that are
typically served at a table or counter. Food prepared to go or for take-out is
allowed as an accessory use as long as the same menu and kitchen is used as
for the full-service restaurant. This definition excludes fast food, drive-in types of
restaurants, which have characteristics including but not limited to a drive-
through window, counter-only service and no waiters or waitresses.
A full-service restaurant may serve alcoholic beverages that are incidental and
complimentary to the serving of #he--food. A full-service restaurant may
#av@contain aseyafa#e-lounge where the primary function is the sale, serving
and consumption of alcoholic beverages-Hewever,, but the size of the--this
lounge sa-nMgy not exceed 30 percent of the total gross floor area of the
establishment. Any eating place that serves
alcoholic beverages and does not meet the requirements of this definition will be
considered a tavern as defined by ACC 18.04.895. (Ord. 5382 § 1, 2000.)
18.04.805 Riqht-of-wav.
"Riqht of wav" is property in which the citv has any form of ownership or title and
which is held for public purposes as provided for under Title 12 ACC and the Citv
design and construction standards.
18 04 806 Schools, elementarv, and middle/iunior hiqh.
"Schools elementarv and middle/iunior hiqh" are institutions of learninq offering
instruction in the several branches of learninq and studv required bv the
Education Code of the State of Washinqton in qrades kinderqarten throuah nine,
includinq associated meetinq rooms auditoriums and athletic facilities.
18 04 807 Schools, secondarv or hiqh school.
"Schools secondarv or hiqh school" are institutions of learninq offerinq
instruction in the several branches of learninq and study required bv the
Education Code of the State of Washinqton in qrades nine throuqh twelve,
includinq associated meetinq rooms auditoriums and athletic facilities.
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18.04.808 Secure community transition facility.
"Secure community transition facility" means a residential facility for persons
civilly committed under Chapter 71.09 RCW, Sexually Violent Predators, who are
conditionally released under said chapter to a less restrictive alternative (to total
confinement or imprisonment). A secure community transition facility has
supervision and security, and either provides or ensures the provision of sex
offender treatment services. Secure community transition facilities include but are
not limited to the facilities established pursuant to RCW 71.09.250 and any
community-based facilities established under this chapter and operated by or
under contract with the Washington State Department of Social and Health
Services. (Ord. 5690 § 3, 2002.)
18.04.809 Senior Housinq.
"Senior housinq" refers to housing stock whether rental or occupant owned that
specificallv caters to residents aqed 55 years and older, either through aqe
requirements or throuqh the provision of specialized care such as nursinq or
dietarv and personat care. This definition shall include at a minimum all
facilities that ualif as "housin for older ersons" under the Fair Housin Act.
18.04.810 Setback.
"Setback" means the distance between a lot line and the correspondinq parallel
setback line.
18.04.811 Setback Area.
"Setback area" me_a_ns that area of a lot bounded on opposite sides bv a lot line
and the correspondinq setback line that is unoccupied and unobstructed from the
qround upward unless specifically permitted in this title See Setback area
illustrations below.
Ordinance No. 6245
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Page 56 of 151
ACC 18.04.812- Setback Areas
Rear Lot Line
' --'-'r•
_..T._._._.-.- t ~
i Rear Setb.ack Area
Rear Setback Line : •
v
Ln~ m
.x 1 ro { I r
-0 O
vv
N~ vtn
~
~ Y I I Interior Setback Line ' o'•I
~ ' • ' _ ita~l
Interio.r F
Setback Area ( a ~
~ Front Setback Line
` Front Setback Area
~
FroniLot!Line
Street
18.04.812 Setback, Front.
"Setback front" or "Front setback" means the distance between a front lot line
and the correspondinq parallel setback line.
18.04.813 Setback, Rear.
"Setback rear" or "Rear setback" means the distance between a rear lot line and
the correspondinq parallel setback line.
18.04.814 Setback, Side.
"Setback side" or "Side setback" means the distance between a side lot line and
the correspondinq parallel setback line.
18.04.815 Setback Line.
Setback line means a line which defines a setback as required bv this title, which
is parallel to but other than a lot line between which no buildinas structure, or
portion thereof shall be permitted erected constructed or placed unless
specificallv permitted bv this title.
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I 18.04.818 Shopping center.
"Shopping center" means a series of unified commercial establishments which
provide retail, business, entertainment or professional services, share the same
parking facilities and contain in excess of 100,000 square feet of gross floor area.
(Ord. 4229 § 2, 1987.)
18.04.820 Sign.
~"Sign" means any visual communication device, structure, or fixture which is
visible from any right-of-way intended to aid the business establishment in
question in promoting the sale of a product, goods or service using graphics
symbols or written copy. It shall be restricted solely to graphics, symbols or
written copy that is meant to be used in the aforementioned way. (Ord. 4229 § 2,
1987.)
18.04.821 Site.
"Site" is an area comprised of one or more legallv created lots or parcels used for
a development proposal in order to calculate compliance with the standards and
requlations of this title
18.04.822 Site area.
"Site area" is the total horizontal area of a project site
18.04.824 Social and service orqanizations
"Social and service orqanizations" refers to incorporated or unincorporated
nonqovernmental or private association of persons orqanized for social
education, literarv or charitable purposes This definition also includes community
meetinq halls philanthropic institutions private clubs fraternal or nonprofit
orqanizations, and social service orqanizations This definition excludes reliqious
institutions and qovernment facilities ~
18.04.825 Solid waste.
"Solid waste" means all putrescible and nonputrescible solid and semisolid
wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes,
swill, demolition and construction wastes, abandoned vehicles or parts thereof,
and discarded commodities. (Ord. 4262 § 1, 1988. Formerly 18.04.023.)
18.04.826 Solid waste processing facility.
"Solid waste processing facility" means the management, cotlection,
transportation, temporary storage, treatment, utilization, and processing of solid
wastes by means of pyrolysis, refuse-derived fuel, or mass incineration within an
enclosed structure. These processes may include source separation and
recovery of recyclable materials from solid wastes, the recovery of energy
Ordinance No. 6245
May 27, 2009
Page 58 of 151
resources from such wastes or the conversion of the energy in such wastes to
more useful forms or combinations thereof. This definition refers to citywide or
regional scale operations and does not include solid waste handling which is
accessory to an individual principal use. (Ord. 4262 § 1, 1988. Formerly
18.04.025.)
18.04.828 Sponsoring agency.
"Sponsoring agency" means an organization that joins in an application with a
host agency for a temporary use permit and assumes responsibility for providing
basic services and support to homeless encampment residents, such as hot
meals, coordination of other needed donations and services, etc. (Ord. 6014 § 4,
2006.)
18.04.830 Specified anatomical areas.
Repealed by Ord. 5835. (Ord. 4229 § 2, 1987.)
18.04.835 Special Needs Housinq.
"Special needs housinct" is housinq that meets the definition of nursina home,
group home or other housinq that meets the needs of special populations that
need assistance or special accommodation in housinq. See ACC 18.49.
18.04.840 Specified sexual activities.
Repealed by Ord. 5835. (Ord. 4229 § 2, 1987.)
18.04.850 apet-zep-i-pq-.
Reserved." "
,
. (Ord. , 19874
18.04.860 Story.
"Story" means that portion of a building, included between the surface of any
floor and the surface of the floor next above it, or if there is no floor above it, then
the space between the floor and the ceiling next above it. If the finished floor
level directly above a usable or unused under-floor space is more than six feet
above grade as defined in this chapter for more than 50 percent of the total
perimeter or is more than 12 feet above grade as defined in this chapter at any
point, such usable or unused underFloor space shall be considered as a story.
(Ord. 4229 § 2, 1987.)
18.04.870 Street, private.
~"Private street" means any easemcnt +r.,G+ or street which is not a public street.
For the purposes of this title a private street will be considered as being public
Ordinance No. 6245
May 27, 2009
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~ _
streets for determining setback provisions, only. Driveways which are not part of
~ an easement, tract a. Ilev or street shall not be considered a street. (Ord. 4229 §
2, 1987.)
18.04.880 Street, public.
"Public street"
, ,
> alleys, GOUFtS, is defined in ' y, •f;e#heF
,
i . ACC 17.04.370.(Ord. 4304 § 1(6), 1988;
Ord. 4229 § 2, 1987.)
18.04.890 Structure.
"Structure" is that which is built or constructed, an edifice or building of any kind,
or any piece of work artificially built up or composed of parts joined together in
some definite manner, except benches, statuary, planter boxes less than 42
inches in height, and fences 72 inches or under in height, or paved areas. (Ord.
4229 § 2, 1987.)
18.04.891 Supportive housing.
"Supportive housing" means a multiple-family dwelling owned or sponsored by a
nonprofit corporation or government entity, designed for occupancy by individual
adults that are either (A) homeless or at risk of homelessness; (B) are
experiencing a disability that presents barriers to employment and housing ~
stability; or (C) generally require structured supportive services to be successful
living in the community; is permitted at a greater unit density than otherwise
allowed within a particular zone; and is intended to provide long-term, rather than
transitional, housing. Long-term housing is approximately longer than two years,
~ whereas transitional housing is no more than 18 h,~two ears. (Ord. 6167 §
1, 2008.)
18.04.892 Sustainable design.
"Sustainable design" means design in which the impact of a building on the
environment will be minimal over the lifetime of that building. Structures should
incorporate the principles of energy and resource efficiency, practical
applications of waste reduction and pollution prevention, good indoor air quality
and natural light to promote occupant health and productivity, and transportation
efficiency in design and construction, during use and reuse. (Ord. 6036 § 9,
2006.)
Ordinance No. 6245
May 27, 2009
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18.04.895 Tavern.
"Tavern" means an establishment operated primarily for the sale of wine, beer or
other alcoholic beverage that may or may not include the service of food as an
accessory use. (Ord. 5382 § 1, 2000.)
18.04.896 Transmittinq Tower.
"Transmitting tower" means anv free-standinq structure whose primary purpose
is the transmission and/or reception of radio signals for personal or hobby
purposes.
18.04.897 Unclassified use.
"Unclassified use" means a land use which does not appear in a list of permitted,
conditionally permitted, or accessory uses, but which is interpreted by the
Planninq Director as similar to a listed permitted, conditionally permitted or
accessorv use, and not otherwise prohibited, pursuant to ACC 18.02.120.
18.04.900 Use.
"Use" means an activity or purpose for which land or premises or a building
thereon is designed, arranged, intended, or for which it is occupied or
maintained, let or leased. (Ord. 4229 § 2, 1987.)
18.04.901 Utility facilities and substations.
"Utility facilities and substation" is any utilitv facilitv or substation that is not
included in ACC 18.02.040E
18.04.910 Variance.
"Variance" means an adjustment in the application of the specific regulations of i
I this title to a particular piece of property. (Ord. 4229 § 2, 1987.)
18.04.912 Wireless communications.
"Wireless communications" means the provision of any personal wireless
service, as defined in the Telecommunications Act of 1996, and for the purposes
of this title includes the following terms:
A. "Antenna" means a device used in wireless communications which transmits
and/or receives radio signals. Antennas include the following types:
1. Accessory: Antennas including, but not limited to, test mobile antennas
and Global Positioning System (GPS) antennas which are less than 12
inches in height or width and do not directly provide personal wireless
communication.
Ordinance No. 6245
May 27, 2009
Page 61 of 151
2. Directional or panel: An antenna or array of antennas designed to transmit
a radio signal in a particular direction typically encompassing an arc of 120
degrees. Panel antennas, also called directional antennas, are typically
flat, rectangular devices approximately six square feet in size.
3. Dish or parabolic: A bowl-shaped device for the reception and/or
transmission of radio frequency communications signals in a specific
directional pattern.
4. Whip, rod or omni-directional antenna: An antenna, tubular in shape, that
transmits and receives signals throughout a 360-degree range.
5. Other: All other transmitting or receiving equipment not specifically
described herein shall be regulated in conformity with the type of antenna
defined herein which most closely resembles such equipment.
B. "Antenna array" means one or more rods, panels, discs or similar devices
attached to a support structure used for the transmission or reception of radio
frequency signals.
C. "Attached wireless communications facility (WCF)" means an antenna array
which is attached to an existing building or structure.
D. "Carrier" means a company providing wireless communication services, also
referred to as a provider.
E. "Co-location" means the use of a common WCF or site by two or more
wireless license holders, or by one wireless license holder for more than one
type of communications technology.
F. "Equipment facility" means a structure used to contain ancillary equipment for
a WCF which may include cabinets, shelters, an addition to an existing
structure, pedestals and other similar structures.
G. G. "Microcells" are typically located in and exclusively benefit residential
neighborhoods. Microcells consist of an antenna that is either: (a) a dish or
parabolic antenna that is no more than four feet in height and with an area of
not more than 580 square inches; or (b) a tubular antenna that is no more
than four inches in diameter and no more than six feet in height; or (c) one or
more panel antenna that is no more than six feet in height, and its width or
depth is no more than six inches and the aggregate area of such panel
antenna(s) would not exceed 580 square inches that would be visible from
any one viewpoint; or (d) similar antennas that are of comparable size and
shape. PaRel--aRtwRnas 6#all-be-i~ ~e-the decig., „f +ho e:;st;ng
, .
Ordinance No. 6245
May 27, 2009
Page 62 of 151
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H. "Separation" means minimum distance required between primary support
structures.
1. "Support structure" means the structure to which antenna and other
necessary associated hardware are attached. Support structures include but
are not limited to the following:
1. Lattice tower: A structure of varying height that consists of a network of
crossed metal braces forming a tower which is usually triangular or square
in cross section. To be considered a primary support structure.
2. Monopole: A structure of varying height consisting of a single spire sunk
into the ground and/or attached to a foundation. To be considered a
primary support structure.
3. Other structures: This may include existing buildings, water towers,
athletic field light poles, or other similar structures. To be considered a
secondary support structure.
J. "Wireless communications facility (WCF)" means any nonstaffed facility for
the transmission and/or reception of wireless telecommunications services,
typically consisting of an antenna array, an equipment facility and/or a support
structure.
Ordinance No. 6245
May 27, 2009
Page 63 of 151
~ For the purposes of determining in which z^^o^^ dictri^+c zones wireless
communications facilities are to be permitted, they will be classified pursuant
~ to the following types. Refer to the table in ACC 18.4831.100(K) to determine
which zones allow for the following types of facilities:
TYPE 1. Type 1 are new antennas erected on existing buildings or
nonresidential structures.
There are four separate Type 1 categories described as follows:
1-A. The combined height of the antenna together with the height of the
existing building cannot be 25 percent greater than the existing building or
~ exceed the height limitation of the ZG^i^^ dic+r;^+zone in which the building
is located.
1-B. The combined height of the antenna together with the height of the
existing building cannot be 50 percent greater than the existing building or
~ exceed the height limitation of the z^^i^^ d;°*4^+7one in which the building
is located.
1-C. The combined height of the antenna together with the height of the
existing building is 50 percent greater than the existing building or
exceeds the height limitation of the Z^^;^^ d;s+r;^+zone in which the
building is located. The height limitation of the ZGninn d;ZOne can only
be exceeded by 25 percent.
1-D. Antenna located on existing water towers, athletic field light poles, or
similar public utility infrastructure not located within public street right-of-
way. The height limitation of the WCF will be 10 percent of the existing
structure height, but may be increased to a maximum of 20 percent with
an administrative use permit and may be increased to a maximum of 30
I percent with a conditional use permit. The height limitation of the zonong
diStr-is~zone may be exceeded relative to the above provisions allowed for
a 1-D facility.
TYPE 2. Type 2 are new antennas erected on existing (primary) support
structures that have previous city approvals. There are two separate Type 2
categories described as follows:
2-A. Must meet height requirements of previous approval and is limited to '
50 percent total (cumulative) expansion of equipment area.
2-B. Has greater height requirements than previous approval and allows
for more than a 50 percent expansion of the equipment area.
Ordinance No. 6245
May 27, 2009
Page 64 of 151
TYPE 3. Type 3 is the erection of new (primary) support structures. There
are finro separate Type 3 categories described as follows:
3-A. Monopoles that are 75 feet or less in height.
3-B. Monopoles that are more than 75 feet in height or lattice towers of
any height. (Ord. 5777 § 1, 2003; Ord. 5645 § 1, 2002; Ord. 5020 § 1,
1997.)
18.04.914 Work release facility.
"Work release facility" means a residential alternative to imprisonment, including
work/training release and prerelease programs which are under the supervision
of a court, federal, state or local agency. This definition excludes at-home
electronic surveillance. (Ord. 4590 § 4(Exh. C), 1992.)
18.04.920 Yard.
"Yard" , ,
totle. VVhen ,
whothor imrrnij oF no{. (Ord. 4229 § 2, 1987.)See ACC 18.04.812, Setback
Area.
18.04.930 Yard, front. `
" Front yard" moana ar+ npcn spano ovtoRrliniv the full wirlth nf the Intha~h~ioon ~
e
build+ng-aRd--tIaeSee ACC 18,04.814, Setback, front lot ,
(Ord. 4229 § 2, 1987.)
18.04.940 Yard, rear.
«Rear yard" meaRs-aR-ep the 6,w,r;,;e W;th thxe h,,,l,,;,,g h~~.:e
#heSee ACC 18.04.816, Setback, rear lino nf the huiliJinir aniJ the roar l;,,o „f the
. (Ord. 4229 § 2, 1987.)
18.04.950 Yard, side.
mo IQ~+ ~eii}h the h~ ~ilrlin`r hofi..ocn
i e yar meaR~~ c~n nr~ tho
~
#-heSee ACC 18.04.818, Setback, side w°" the b, ,;id;„n and the s,de "„o „f
pro}est inte-any s+de yard unless peFm;T«, else.Y"ere O^this zi,i;e. (Ord. 4229 § 2,
1987.)
Ordinance No. 6245
May 27, 2009
Page 65 of 151
18.04.960 Zone.
"Zone" means an area accurately defined as to boundaries and location on an
official map to which a uniform set of requlations applies controllinq the types and
,.,;+h,., SUnh aro, ,,.,l., ,.o.+,;., +..po~ intensities of land uses-aFe p rmittoc~anQ
Qtp.er +.,pos nf Iand „sos orG'uded, as set forth in this title. (Ord. 4229 § 2,
1987.)
I
Ordinance No. 6245
May 27, 2009
Page 66 of 151
Section 4. Repeal of chapter of Citv Code. That Chapter 18.06,
Districts and Maps, of the Auburn City Code be and the same hereby is repealed.
Section 5. Adoption of new chapter of Citv Code. That a new
Chapter 18.07, Residential Zones, of the Auburn City Code be and the same
hereby is adopted to read as follows:
Chapter 18.07
Residential Zones
Sections:
18.07.010 Residential Zones Intent.
18.07.020 Residential Zone Uses.
18.07.030 Residential Zones Development Standards.
18.07.010 Residential Zones Intent.
A. General.
This section describes the intent for each of the City's residential zones.
These intent statements may be used to guide the interpretation of the
regulations associated with each zone.
B. (RC) Residential Conservancy Zone - 1 dwelling unit per 4 acres.
The RC - Residential Conservancy zone is intended primarily to provide for
low-intensity single-family residential uses with characteristics of an
agricultural environment; provided, that the agricultural uses are secondary to
the single-family uses. These areas allow for a lifestyle similar to that of rural
areas that includes allowance of farm animals and streets without sidewalks.
This zone is intended to protect areas with significant environmental
constraints or values from impacts typically associated with urban levels of
development while allowing low-intensity development designed to minimize
impacts on the natural environmental features designated for conservation.
Public improvements required within the R-C zone will be less than is
normally required for the higher intensity residential zones within the city.
This zone shall only be applied in areas designated as Residential
Conservancy on the comprehensive plan. This zone shall allow 1 dwelling
unit per 4 acres minimum lot area. (Ord. 4229 § 2, 1987.)
C. R-1 Residential Zone - 1 dwelling unit per acre.
Ordinance No. 6245
May 27, 2009
Page 67 of 151
The intent of the R-1 residential zone is to provide areas for estate-type
residential development on large lots. This zone would normally be located in
the areas particularly suited for such development.
Appropriate development standards required of other urban areas shall be
required to serve this zone.
D. R-5 Residential Zone - 5 dwelling units per acre.
The R-5 single-family residential zones are intended to create a living
environment of optimum standards for single-family dwellings. It is further
intended to achieve development densities of 4-5 dwelling units per net acre.
This zone will provide for the development of single-family detached
dwellings, and for such accessory uses as are related, incidental and not
detrimental to the single-family residential environment.
E. R-7 Residential Zone - 7 dwelling units per acre.
The R-7 single-family residential zones are intended to create a living
environment of optimum standards for single-family dwellings. It is further
intended to achieve development densities of 5-7 dwelling units per net acre.
This zone will provide for the development of single-family detached
dwellings, and for such accessory uses as are related, incidental and not
detrimental to the residential environment.
F. R-10 Residential Zone - 10 dwelling units per acre
The R-10 residential zones are intended to permit some increase in
population density in those areas to which this classification applies by
permitting single-family dwellings and duplexes on a minimum size lot while at
the same time, by means of the standards and requirements set forth in this
chapter, maintaining a desirable family living environment by establishing
minimum lot areas, yards and open spaces. A related consideration is to
provide a transition between single-family areas and other intensive
designations or activities which reduce the suitability for single-family uses.
G. R-16 Residential Zone - 16 dwelling units per acre.
The R-16 zone is intended to provide for medium density multiple family
residential development as designated in the comprehensive plan, and is
further intended as a residential zone of single, duplex and multiple-family
residences, except as specifically provided elsewhere in this chapter.
H. R-20 Residential Zone - 20 dwelling units per acre.
Ordinance No. 6245
May 27, 2009
Page 68 of 151
The R-20 zone is intended to provide for multiple-family residential
development and is further intended as a residential zone primarily of
multiple-family residences, except as specifically provided elsewhere in this
chapter. A related consideration is to make it possible to more efficiently and
economically design and install all physical public service facilities in terms of
size and capacity to adequately and permanently meet needs resulting from a
defined intensity of land use.
Ordinance No. 6245
May 27, 2009
Page 69 of 151
18.07.020 RESIDENTIAL ZONE USES.
Permitted Use Table-Residential Zoning Designations
P= Permitted C= Conditional Use X= Not Permitted
Land Uses Zoning Designations
R-C R-1 R-5 R-7 R-10 R•16 R-20
18.07.020A - Residential Uses
Accessory dwelling units P P p p Xl Xl Xl
Accessory use, residential P P P P P P P
Adult Family Home
P P P P P P P
Bed & Breakfast p p p P P P P
Boardinghouses (with three or more boarders) X X X X C C C
Duplexes, provided that minimum lot size of X X C P P P X
zoning designation is met and subject to
compliance with Chapter 18.25 (Infill Residential
Standards)
Foster care homes C C C C G C C
Group residence facilities (7 or more residents) X X X X C C C
Group residence facilities (6 or fewer residents) p p P P P P P
Keeping household pets. pz p3 ps ps p3 p3 p3
Multiple-family dwellings X X X X C P P
Neighborhood recreational buildings and facilities C C C C C P P
owned and managed by the neighborhood
homeowners' association
Renting of rooms, for lodging purposes only, to p P P P P P P ~
accommodate not more than two persons in
'An accessory dwelling unit may be permitted with an existing single-family residence pursuant to
ACC 18.31.120
Z No more than 6 pets allowed in the RC zone. This limit shall not include birds, fish or suckling
~roung of pets
No more than 4 pets allowed in the R1 - R20 zones. This limit shall not include birds, fish or
suckling young of pets
Ordinance No. 6245
May 27, 2009
Page 70 of 151
Land Uses Zoning Designations
R-C R-1 R-5 R•7 R-10 R•16 R-20
addition to the immediate family
Residential care facilities including but not limited p P X X C P P
to assisted living facilities, convalescent homes,
continuing care retirement facilities
Single-family detached dwellings, new P P P P P P X
Supportive housing, subject to the provisions of X X X X X P P
ACC 18.31.160
Swimming pools, tennis courts and similar p p p P P P P
outdoor recreation uses only accessory to
residential or park uses
Townhouses (attached) X X X X P P P
18.07.0206 - Commercial Uses
Commercial horse riding and bridle trails C X X X X X X
Commercial retail, included as part of mixed use X X X X C C C
development and not a home occupation in
compliance with Chapter 18.60 of Auburn City
Code
Daycare limited to a mini daycare center. Daycare X C C C C C C
center, preschool or nursery schools may also be
permitted but must be located on an arterial
Home based day care as regulated by RCW P P P P P P P
35.63.185 and through receipt of approved City
business license
Home occupations subject to compliance with P P P P P P P
Chapter 18.60 of Auburn City Code
Mixed Use Development° X X X X C P P
Nursing homes X X X X C C C
Private country clubs and golf courses, excluding X X C C X X X
driving ranges
Privately owned and operated parks and X C C C C P P
playgrounds and not Home Owner Association-
owned recreational area
Professional offices, included as part of mixed use X X X X C C C
development and not a home occupation in
4 Individuai uses that make up a Mixed Use Development must be permitted within the zone. If a ,
use making up part of a mixed-use development requires a conditional use permit, but mixed-use
is Permitted, the individual use must apply for an receive a conditional use approval.
Ordinance No. 6245
May 27, 2009
Page 71 of 151
Land Uses Zoning Designations
R-C R-1 R-5 R-7 R-10 R-16 R•20
compliance with Chapter 18.60 of Auburn City
Code
18.07.020C - Resource Uses
Agricultural type uses are permitted provided
they are incidental and secondary to the single-
family use:
Agricultural crops and open field p X X X X X X
growing (commercial)
Barns, silos and related structures p X X X X X X
Greenhouses P X X X X X X
Keeping of livestock (excluding goats p p X X X X X
and swine), fowl and rabbits; provided,
that there shall not be more than one
horse, cow, donkey or other large
animal, or four small animals such as
sheep, or 12 poultry, rabbits, or similar
size animals per each acre of enclosed
usable pasture or roaming area. This
acreage requirement is in addition to
the minimum lot size requirements of
the zones
Pasturing and grazing P X X X X X X
Public and private stables p X X X X X X
Roadside stands, for the sale of p X X X X X X
agricultural products raised on the
premises. The stand cannot exceed 300
square feet in area and must meet the
applicable setback requirements
Fish hatcheries C X X X X X X
18.07.020D - Government, Institutional, and
Utility Uses
Civic, social and fraternal clubs X X X X C C C
Government facilities X C C C C C C
5 Proximity of pasture or livestock roaming area to wells, surface waters, and aquifer recharge
zones is regulated by the King or Pierce County Board of Health, and property owners shall
comply with the provisions of the King County Board of Health Code.
Ordinance No. 6245
May 27, 2009
Page 72 of 151
Land Uses Zoning Designations
R-C R-1 R-5 R-7 R-10 R-16 R-20
Hospitals (except animal hospitals) X X X X X X C
Municipal parks and playgrounds C P P P P P P
Museums X X X X C C C
Religious institutions C C C C C C C
Transmitting towers C C C C C C C
Type 1-D Wireless Communication Facility (see P P P P P P P
ACC 18.04.912J)
Utility facilities and substations Cs Cs Ce Cs Cs Cs Cs
18.07.030 RESIDENTIAL ZONE DEVELOPMENT STANDARDS
6 Excludes all public and private utility facilities addressed under ACC 18.02.040E.
Ordinance No. 6245
May 27, 2009
Page 73 of 151
Standard RC R•1 R•5 R-7 R-10 R-16 R-20
A Base density (units per net 0.25 1 5 7 10 16 20
acre)
B Minimum density (units per 0.25 1 4 5 8 12 15
net acre)7
C Minimum average lot area 174,240 35,000 8,000 6,000 4,300 2,700 2,175
per dwelling unit (square
feet)
D Minimum lot area per 174,240 35,000 6,000 4,300 2,000 2,000 2,000
dwelling unit
(square feet)
E Minimum lot width (feet)$ 125 125 50 40 20 for 20 for 20 for
interior interior interior
lots, 35 lots; lots;
for 35 for 35 for
exterior exterior exterior
lots lots lots
F Minimum setbacks (feet)8 9
1 Residence front setback 9 35 35 10 10 10 10 10
2 Garage (minimum front 20 20 20 20 20 20 20 unless
setback required from street alley-
access)9 loaded
then 15
provided
there is 20
feet from
any
garage.
3 Setback to any property line 75 X X X X X X
, for barns, stables, coops, or
similar structures for
enclosure of animals
4 Setback to any property line 35 X X X X X X
for an corral, exercise
7 For purposes of calculating minimum density, critical area buffers are not inciuded in net site
area. See ACC 18.02.065 for calculation of net acreage for minimum density.
a All minimum lot widths, setbacks, and landscaping strips are subject to demonstration to the
satisfaction of the City Engineer that all required utility infrastructure, access requirements, and
street elements can be accommodated in accordance with the design and construction
standards.
9 In addition to meeting setback requirements, all structures must meet sight distance
requirements in accordance with City Design and Construction Standards.
Ordinance No. 6245
May 27, 2009
Page 74 of 151
Standard RC R-1 R-5 R-7 R-10 R-16 R•20
yard, or arena
5 Interior Side setback 20 10 5 5 5 5 5
6 Street side setback9 35 20 10 10 10 10 10
7 Rear setback 9 35 35 20 20 20 20 20
8 Rear setback, detached 15 15 10 5 5 5 5
structure
In all zones, 20 ft for
structure with vehicular
entrance oriented toward
street or public alley9
G Maximum lot coverage 25 35 40 50 60 70 70
H Maximum Impervious Area 25 50 65 75 N/A N/A N/A
I Maximum building height 35 35 35 35 45 45 50
(feet)
Maximum height of 3510 35 16 16 16 NA NA
~ accessory buiidings and
structures
K Minimum front setback area NIA N/A 5 5 10 10 10
landscape strip (feet)
L Minimum side setback area N/A NIA 5 5 10 10 10
landscape strip (feet)
M Minimum landscaped open NIA NIA NIA NIA 20 20 20
space
10 Barns and other specialized structures used for agricultural purposes may exceed the height
limits.
Ordinance No. 6245
May 27, 2009
Page 75 of 151
Section 5. Repeal of chapter of Citv Code. That Chapter 18.08,
R-R Rural Residential District, of the Auburn City Code be and the same hereby
is repealed.
Section 6. Adoption of new chapter of Citv Code. That a new
Chapter 18.09, R-MHC Manufactured/Mobile Home Community Zone, of the
Auburn City Code be and the same hereby is adopted to read as follows:
Chapter 18.09
R-MHC Manufactured/Mobile Home Community Zone
Sections:
18.09.010 Intent.
18.09.020 Manufactured/Mobile Home Community Uses.
18.09.030 Manufactured/ Mobile Home Community Zone Development
Standards.
18.09.010 Intent.
The intent of the R-MHC manufactured/mobile home community zone is to
provide a residential zone of single-family manufactured homes exclusively within
a planned community. It is further intended that the R-MHC zone shall only be
prescribed in those areas that are bordered on, contain physical features, or shall
be planned and designed as part of a larger development incorporating other
housing types in a manner which limits further expansion into adjacent areas.
(Ord. 4229 § 2, 1987.)
Ordinance No. 6245
May 27, 2009
Page 76 of 151
18.09.020 Manufactured/ Mobile Home Community Zone Uses.
Permitted Use Table-Residential Zonin Desi nations
Land Use R-MHC Zone
A Manufactured/Mobile home community P
B Residential accessory use P
C Manufactured/Mobile home community P
accessory use
D Keeping of not more than six household pets. P
This limit shall not apply to birds, fish, or
suckling young of pets.
E Home based daycare P
F Daycare limited to a mini daycare center, C
daycare center, or preschool / nursery school
P = Permitted Use
C= Use may be permitted in district when a conditional use permit has been
issued pursuant to the provisions of Chapter 18.56 ACC.
X = Prohibited
Also see ACC 18.02.120 for further rules on interpretation.
Ordinance No. 6245
May 27, 2009
Page 77 of 151
18.09.030 Manufactured/ Mobile Home Community Zone Development
Standards
Development Standard10 R-MHC Zone
A Base Density (units per net acre) 10
B Minimum density (units per net acre) 8
C Minimum Lot Area, (square feet) 217,800 "
D Minimum lot area per dwelling unit 2,500
(square feet)
E Minimum average lot area per dwelling 4,300
unit (square feet)
F Minimum Front Setback (feet) Manufactured Home Community
street: 8
Public or other private street: 20
G Minimum Interior Side Setback (feet) Minimum distance between any
manufactured home and/or
accessory building and the
manufactured home and/or
accessory building on the
adjoining space: 10
H Minimum Street Side Setback (feet) Manufactured Home Community
street: 5
Public or other private street: 10
I Minimum Rear Setback (feet) Minimum distance between any
manufactured home and/or
accessory building and the
manufactured home and/or
accessory building on the
adjoining space: 10
Manufactured Home Community
street: 8
Public or other private street: 20
'o All minimum lot widths, setbacks, and landscaping strips are subject to demonstration that all
required utility infrastructure, access requirements, and street elements are provided for in
accordance with City Design and Construction Standards
" Minimum site area for development of the manufactured home park or community.
Ordinance No. 6245
May 27, 2009
Page 78 of 151
Development Standard10 R-MHC Zone
J Accessory Structure Setbacks There shall be a minimum of 10
feet between any finro
manufactured homes, between
any manufactured home and
accessory building on adjoining
spaces, and between any other
accessory buildings on adjoining
spaces
K Special setbacks for manufactured Setbacks shall be the same as
homes structures that abut another provided for in the adjoining zone.
zoning district However, in no case shall the
setbacks be less than as
prescribed in this subsection.
L Maximum Building Height (feet) Main building: 30 feet,
Accessory building: 16 feet
M Fences and Hedges A six-foot high screened fence
shall be constructed around the
perimeter of the community.
For those community boundaries
, that abut a public street the fence
shall set back 20 feet and the 20-
foot setback area landscaped with
Type III landscaping (see ACC
18.50 for landscaping type).
N Supplemental R-MHC development See ACC 18.31.190
standards
O Landscaping see Chapter 18.50 ACC
P Parking see Chapter 18.52 ACC
Q Signs see Chapter 18.56 ACC
Ordinance No. 6245
May 27, 2009
Page 79 of 151
Section 7. Repeal of chapter of Citv Code. That Chapter 18.10,
R-S Single-Family Residential District, of the Auburn City Code be and the same
hereby is repealed.
Section 8. Repeal of chapter of Citv Code. That Chapter 18.12,
R-1 Single-Family Residential District, of the Auburn City Code be and the same
hereby is repealed.
Section 9. Repeal of chapter of Citv Code. That Chapter 18.14,
R-2 Single-Family Residential District, of the Auburn City Code be and the same
hereby is repealed.
Section 10. Repeal of chaater of Citv Code. That Chapter 18.16,
R-3 Two-Family (Duplex) Residential District, of the Auburn City Code be and the
same hereby is repealed.
Section 11. Repeal of chapter of Citv Code. That Chapter 18.18,
R-4 Multiple-Family Residential District, of the Auburn City Code be and the
same hereby is repealed.
Section 12. Repeal of chapter of Citv Code. That Chapter 18.20,
R-MHP Residential Manufactured Home Park District, of the Auburn City Code
be and the same hereby is repealed.
Ordinance No. 6245
May 27, 2009
Page 80 of 151
Section 13. Adoption of new chapter of Citv Code. That a new
Chapter 18.21, Overlays, of the Auburn City Code be and the same hereby is
adopted to read as follows:
Chapter 18.21
Overlays
Sections:
18.21.010 Lea Hill Overlay
18.21.020 West Hill Overlay
18.21.030 Urban Separator Overlay
18.21.010 Lea Hill Overlay
A. Purpose.
The purpose of this section is to provide for additional development standards
to address the area commonly referred to as the Lea Hill annexation area, as
annexed under city of Auburn Ordinances No. 5346 and 6121, and identified
on the City of Auburn Comprehensive Zoning Map. While the intent is that the
development standards for zones in the Lea Hill annexation area will be
similar to (if not the same as) corresponding zones in other areas of the city,
some variations are needed to recognize previous development allowed by
King County zoning. Unless otherwise provided for in this section, all other
provisions and requirements of this title shall apply to properties within the
Lea Hill Overlay.(Ord. 5342 § 2, 2000.)
B. Development standards - Lots previously approved.
1. For any residential lot that had received final plat approval, final short plat
approval, preliminary plat approval or that King County had received and
determined the application complete for a preliminary plat or short plat,
prior to the effective date of annexation into the City of Auburn, the
development standards in the following table shall apply. The property
owner/applicant shall be responsible to provide to the city evidence of
these previous approvals.
2. Any further subdivision of any lot and its subsequent use must conform to
the permitted uses and standards referenced in the applicable zoning
chapters of this title, except as modified by this section. For farm animals,
ACC 18.21.010(E) shall apply.
Zone Min Lot Min Lot Min Lot Max Lot Setbacks* Building Height
Ordinance No. 6245
May 27, 2009
Page 81 of 151
Front Rear Side, Side, Main Accessor
(Ft) (Ft) Interio Street (Ft) y (Ft)
r (Ft)
(Ft)
R-1 8,000 N/A 35 35 20 5 5 10 35 35
R-5 2,500 N/A 30 35 10 5 5 10 35 16
R-7 2,500 6,000 30 35 10 5 5 10 35 16
R-10 2,500 4,300 30 40 10 5 5 10 35 35
30 10 5 5 10 35
R-16 2,500 2,700 55 35
R-20 2,500 2,175 30 55 10 5 5 10 35 35
* Garages and other similar structures with a vehicular access require a 20-foot
setback from any street.
C. Prior King County approvals.
The city of Auburn will recognize the terms of any King County approved plat,
PUD, conditional use permit, contract rezone or similar contractual obligations
that may have been approved prior to the effective date of the annexation of
the subject property. The conditions of any project that was approved by King
County shall be required to be fulfilled in the city of Auburn. (Ord. 5342 § 2,
2000.)
D. Planning director authorization.
The planning director shall be authorized to interpret the language of any King
County permit, plat or condition thereof and effectuate the implementation of
same to the fullest extent possible. If there is a conflict between a previous
King County approval and the Auburn regulation then the most restrictive
provision shall apply as determined by the planning director. (Ord. 5342 § 2,
2000.)
E. Farm animals.
1. In the R-1, R-5 and R-7 zones, it is permissible to keep farm animals
(excluding goats and swine in the R-5 and R-7 zones); provided, there
shall not be more than one horse, cow, donkey or other similar large
animal, or four small animals such as sheep, or 12 poultry, rabbits, or
similar size animals per each acre of enclosed usable pasture or roaming
area. This acreage requirement is in addition to the minimum lot size
requirements of the zone.
Ordinance No. 6245
May 27, 2009
Page 82 of 151
2. Shelters provided for farm animals shall be constructed no closer than 50
feet from any adjoining lot and it shall be 100 feet from any public street or
alley. Any corral, exercise yard, or arena shall maintain a distance of 35
feet from any property line. This excludes pasture area.
3. For those properties that do not meet the requirements of subsection A of
this section, and farm animals were present prior to annexation, the farm
animals may remain as legal nonconforming uses. In such case the
number of farm animals allowed may be the same as what the county
zoning provisions had allowed prior to the effective date of the annexation
of the subject property. (Ord. 5342 § 2, 2000.)
F. Lot averaging- R-1 zone.
It may be possible to subdivide land in the R-1 zone into lots smaller than
35,000 square feet if the property has a significant amount of nonbuildable
land due to steep slopes, wetlands or similar features that would be in the
public's best interest to maintain. The following regulations shall apply in
situations where lot averaging is permitted or required:
1. At least 50 percent of the subdivision must be set aside as open space.
Critical areas (i.e., steep slopes, wetlands) can count towards the 50
percent requirement. Maintenance of the open space tract or easement
shall be the responsibility of the property owner and/or a homeowners'
association.
2. The number of allowable lots in a subdivision shall be determined by
multiplying the total number of acres in the subdivision by one. Any
fraction shall be rounded to the nearest whole number with one-half being
rounded up.
3. The minimum size of any lot shall be 8,000 square feet. For lots less than
35,000 square feet, the minimum lot width shall be consistent with the
requirements of the R-5 zone (ACC 18.07). All other applicable
development standards related to the R-1 zone will continue to apply.
4. Lots within the subdivision shall be clustered so as to provide for continuity
of open space within the subdivision and, where possible, with adjoining
parcels.
5. Each lot within a subdivision shall illustrate a building area within which
the house, accessory structures, and parking areas shall be constructed.
The building area shall be exclusive of setbacks, nonbuildable areas or
any required buffers from the nonbuildable areas. Any preliminary plat,
Ordinance No. 6245
May 27, 2009
Page 83 of 151
final plat or short plat shall illustrate the building area for each lot. Any
future construction will be limited to the identified building area.
6. A native growth protection easement or similar device, which may include
provisions for the limited removal of vegetation and passive use of the
easement, that perpetually protects the nonbuildable areas must be
recorded with the final plat or short plat. (Ord. 6148 § 1, 2007; Ord. 5342 §
2, 2000.)
18.21.020 West Hill Overlay.
A Purpose.
The purpose of this section is to provide for additional development standards
to address the area commonly referred to as the West Hill annexation area,
as annexed under city of Auburn Ordinance No. 6122 and identified on the
City of Auburn Comprehensive Zoning Map. While the intent is that the
development standards for zones in the West Hill annexation area will be
similar to (if not the same as) corresponding zones in other areas of the city,
some variations are needed to recognize previous development allowed by
King County zoning. Unless otherwise provided for in this section, all other
provisions and requirements of this title shall apply to properties within the
West Hill Overlay. (Ord. 6153 § 1, 2008.)
B. Development standards - Lots previously approved.
1. For any residential lot that had received final plat approval, final short plat
approval, preliminary plat approval or that King County had received and
determined the application complete for a preliminary plat or short plat,
prior to the effective date of annexation, the development standards in the
following table shall apply. The property owner/applicant shall be
responsible to provide evidence of these previous approvals/decisions.
2. Any further subdivision of any lot and its subsequent use must conform to
the permitted uses and standards referenced in the applicable zoning
chapters of this title, except as modified by this section. For farm animals,
ACC 18.21.020(E) shall apply.
Zone Min Lot Min Lot Min Lot Max Lot Setbacks* Building Height
Area Area Width Coverage Front Rear Side, Side, Main Accesso
(Sq Ft) (Sq Ft (Ft) (Ft) (Ft) Interio Street (Ft) ry (Ft)
per r (Ft)
Unit) (Ft)
R-1 8,000 N/A 35 35 20 5 5 10 35 35
R-5 2,500 N/A 30 35 10 5 5 10 35 16
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Zone Min Lot Min Lot Min Lot Max Lot Setbacks* Building Height
Area Area Width Coverage Front Rear Side, Side, Main Accesso
(Sq Ft) (Sq Ft (Ft) (Ft) (Ft) Interio Street (Ft) ry (Ft)
per r (Ft)
Unit) (Ft)
R-7 2,500 6,000 30 35 10 5 5 10 35 16
* Garages and other similar structures with a vehicular access require a 20-foot
setback from any street.
C. Prior King County approvals.
The city of Auburn will recognize the terms of any King County approved plat,
PUD, conditional use permit, contract rezone or similar contractual obligations
that may have been approved prior to the effective date of the annexation of
the subject property. The conditions of any project that was approved by King
County shall be required to be fulfilled in the city of Auburn. (Ord. 6153 § 1,
2008.)
D. Planning director authorization.
The planning director shall be authorized to interpret the language of any King
County permit, plat or condition thereof and effectuate the implementation of
same to the fullest extent possible. If there is a conflict between a previous
King County approval and the Auburn regulation, then the most restrictive
provision shall apply as determined by the planning director. (Ord. 6153 § 1,
2008.)
E. Farm animals.
1. In the R-1, R-5 and R-7 zones within the West Hill overlay, it is permissible
to keep farm animals (excluding goats and swine in the R-5 and R-7
zones); provided, there shall not be more than one horse, cow, donkey or
other similar large animal, or four small animals such as sheep, or 12
poultry, rabbits, or similar size animals per each acre of enclosed usable
pasture or roaming area. This acreage requirement is in addition to the
minimum lot size requirements of the applicable zone.
2. Shelters provided for farm animals shall be constructed no closer than 50
feet from any adjoining lot and no closer than 100 feet from any public
street or alley. Any corral, exercise yard, or arena shall maintain a
distance of 35 feet from any property line. This excludes pasture areas.
3. For those properties that do not meet the requirements of subsection E(1)
of this section, and farm animals were present prior to annexation, the
farm animals may remain as legal nonconforming uses. In such case, the
number of farm animals allowed may be the same as what the county
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zoning provisions had allowed prior to the effective date of the annexation
of the subject property. (Ord. 6153 § 1, 2008.)
18.21.030 Urban Separator Overlay.
A. Purpose
The purpose of this section is to provide for additional development standards
to address the area designated as Urban Separator in the City's
Comprehensive Plan, as prescribed in the Interlocal agreement befinreen the
City and King County approved under City of Auburn Resolution No. 4113
and identified on the City of Auburn Comprehensive Land Use Map. Unless
otherwise provided for in this section, all other provisions and requirements of
this title shall apply to properties within the Urban Separator Overlay.
B. Development Standards
For property located within a designated urban separator, lot averaging shall
be required. The regulations of 18.21.010(F) shall apply in situations where
lot averaging is used.
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Section 14. A_doption of new chapter of Citv Code. That a new
Chapter 18.25, Infill Residential Development Standards, of the Auburn City
Code be and the same hereby is adopted to read as foilows:
Chapter 18.25
Infill Residential Development Standards
Sections:
18.25.010 Purpose and Intent
18.25.020 Applicability
18.25.030 Procedures
18.25.040 Infill Residential Standards
18.25.010 Purpose and Intent
The purpose of this chapter is to encourage the development of underutilized
parcels in zones which, through Auburn Comprehensive Plan goals and policies,
have been identified as areas where infill residential development should be
encouraged. This chapter identifies conditions under which infill development is
supported and relaxes certain development requirements in those instances in
an effort to promote the construction of infill development in appropriate areas of
the City.
18.25.020 Applicability
A. Eligibility Criteria.
This chapter may be applied to development or redevelopment that meets all
of the following criteria:
1. The lot is within one of the following zones: R-5, R-7, R-10, R-16, or R-20.
2. Adjacent properties abutting at least 50 percent of the non-street
perimeter of the subject property (i.e., side and/or rear lot lines) are
developed with single family dwellings or higher intensity uses.
3. For lots located in the R-5 or R-7 zones, the development or
redevelopment creates a maximum of one new lot or dwelling unit.
4. For properties located in the R-10, R-16, or R-20 zones, the lot or parcel
size shall be one acre or less.
18.25.030 Procedures.
Development proposals desiring to utilize the infill standards of this Chapter shall
be subject to one or more of the permit types found in Title 14 ACC and shalt be
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processed in a manner consistent with the underlying land use application
pursuant to Title 14 ACC.
18.25.040 Infill Residential Standards.
A. All other provisions of this title that would apply to a non-infill project shall
apply to infill development except as specifically modified by this Chapter.
B. Infill Land Division Standards. Reduction in dimensional requirements for infill
residential development.
Notwithstanding the dimensional development standard requirements found
in the underlying residential zones of ACC 18.07.030, property that is eligible
for infill residential development pursuant to ACC 18.25.020 shall be eligible
for subdivision of land as follows:
1. Minimum Lot Area. Minimum lot area and minimum average lot area may
be permitted at 80 percent of the minimum areas required in ACC 18.07
for the underlying zone.
2. Minimum Lot Width. Minimum lot width may be reduced by 20 percent of
or 10 feet less than the required minimum lot width of the underlying zone,
whichever is less.
3. Maximum Lot Coverage. Maximum lot coverage can be increased by 10
percent over that allowed in the underlying zone.
C. Infill Development Standards. Property that is eligible for infill residential
development pursuant to ACC 18.25.020 shall be eligible for these additional
development standards to encourage infill, subject to demonstration to the
satisfaction of the City Engineer that all required utility infrastructure, access
requirements, and street elements can be accommodated in accordance with
the city design and construction standards:
1. The maximum density provided for in chapter 18.07 ACC may be
increased by up to ten percent. This density bonus may not be combined
with density bonuses provided for under Chapter 18.49 ACC.
2. Increased allowable building height by no more than 5 feet to allow for roof
features noted in subsection D.4. below while achieving permitted
maximum density.
3. Reduced front or street side setbacks to conform to the average existing
building lines or setbacks of adjoining structures. In no case shall reduced
street setbacks be allowed for a garage or carport.
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4. Alternative setbacks, including reduced rear setbacks. Standard setbacks
of the zone shall be applied for any required setback when the subject
setback abuts an RC, R-1, R-5, or R-7 zone.
5. A ten percent reduction in minimum on-site parking requirements, when
on-site parking is designed to be shared parking. This reduction may be
combined with any other reduction provided for in ACC 18.52.030.
D. Infill Design Standards. Property that is eligible for infill residential
development pursuant to ACC 18.25.020 shall adhere to the following design
requirements. While creativity and variation in architectural design is
encouraged, the purpose of these requirements is to ensure compatibility of
infill development with the character of nearby existing residential structures.
Residential infill development shall meet the following design criteria, as
defined by the predominant character of the existing residential block face.
The block face shall consist of all residential properties along both sides of
the public or private right-of-way on which the development fronts. The block
face shall be measured from intersection to intersection, to the road end, or
200 feet in either direction from the development site, whichever is nearest.
1. Building orientation on infill lots shall match the predominant orientation of
other buildings along the block face.
2. Access and location of off-street parking on infill lots shall be similar to the
predominant character for existing development along the block face.
Primary vehicular access shall be through rear alleys where such rights-
of-way exist, and on-site parking shall be located to the rear of proposed
structures, insofar as this is consistent with the predominant character of
the block face.
3. Proposed residences shall be required to provide an additional five-foot
setback over that required in the underlying zone above the second story
where property line(s) abut a property with an existing single-story
structure.
4. Roofs on proposed infill residential structures shall be similar in slope,
material, and style to existing development and shall incorporate any or all
of the following features, insofar as such features are compatible with
existing development on the block face:
a. Dormers;
b. Gabled or hipped roofs;
c. Pitched roofs;
d. Parapets or cornices.
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Unless it is the predominant existing style on the block face, flat,
unadorned roofs shall not be allowed.
5. Horizontal fagades longer than 25 feet shall be treated to reduce building
mass and visual bulk using at least one of the following techniques. The
applicant shall demonstrate that the selected techniques are either
currently present on the block face or are not substantially incompatible
with existing development.
a. Bays or recesses (minimum depth of 18 inches);
b. Window patterns;
c. Contrasting materials or colors;
d. Upper story setbacks;
e. Balconies.
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Section 15. Adoption of new chapter of Citv Code. That a new
Chapter 18.31, Supplemental Development Standards, of the Auburn City Code
be and the same hereby is adopted to read as follows:
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 Multi-family development and mixed use development design
standards and procedures
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.
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B. The above provisions are not intended to reduce the requirements of any
other licensing agency or department.
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,, G2, 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:
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;
Side setback: 72 inches;
Rear setback: 72 inches;
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;
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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 shatl 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
18.31.030 Height limitations - Exceptions.
The following buildings and/or structures are exempt of the height requirements
of this title; in no case does this lessen any height restrictions that relate to the
municipal airport:
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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.
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.
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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,
Number 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. (Ord. 5170 § 1, 1998;
Ord. 4705 § 2, 1994; Ord. 4229 § 2, 1987.) See ACC 17.04.220 for definition
of lot of record.
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:
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1. May not have previously had a title granted to a retail purchaser and may
not be a"used mobile home" as defined by RCW 82.45.032(2), now or
hereafter amended.
2. Be built to meet or exceed the standards established by federal law 42
U.S.C. 5401-5403, now or hereafter amended.
3. Be thermally equivalent or better to that required by the State Energy
Code for new residential structures, now or hereafter amended.
4. Be set on and securely attached to a permanent foundation as specified
by the manufacturer.
5. Proof of title elimination is required prior to building occupancy.
6. Be connected to required utilities that include plumbing, heating and
electrical systems.
B. All 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.
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
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to provide adequate recreationai 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 area, and recreation
areas. The walkways shall be hard-surFaced, well-drained, and well-
lighted;
10. Landscaping: see Chapter 18.50 ACC;
11. Limit of stay: no recreational vehicle shall remain within in a recreational
vehicle park for more than 120 days in any one-year period;
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12. Solid waste disposal: the storage, collection and disposal of solid waste in
recreational vehicle parks shall be so conducted as to create no health
hazards, rodent harborage, insect breeding areas, or accident or fire
hazards. Individual or grouped refuse containers must be screened from
view except on collection day;
13. Utilities: the following requirements for utilities shall apply:
a. A water supply system shall be provided in the recreational vehicle
park for each recreational vehicle space designed to accommodate
the park user occupying a self-contained recreational vehicle, the
water system for a recreational vehicle park shall be constructed
and maintained in accordance with all applicable state and local
codes and regulations,
b. Watering stations: each recreational vehicle park shall be provided
with one or more accessible water supply outlets for filling
recreational vehicle water storage tanks,
c. Sewage disposal system: an adequate and safe sewage disposal
system shall be provided in a recreational vehicle park for each
recreational vehicle space designed to accommodate the park user
occupying a self-contained vehicle and shall be connected to public
sewage system. The sewage disposal system in a recreational
vehicle park shall be constructed and maintained in accordance
with all applicable state and local codes and regulations,
d. Sanitary stations: each recreational vehicle park shall be provided
with sanitary dumping stations in the ratio of one for every 100
recreational vehicle spaces or fractional part thereof. The
construction of the sanitary station shall be in accordance with the
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
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park such installation shall be in accordance with state and local
codes and regulations;
14.A1i 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.
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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 site
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 site 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 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 pfatforms 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 buitding.
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 shafl be
disregarded on that side of the street in such block, and in lieu thereof the
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depth of front setback required on each lot therein shail be not less than
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.
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 poputated 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.
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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. 1,000 feet or more from any residential zone; and
b. 1,000 feet or more from any group residence facility as defined by ACC
18.04.440; and
c. 1,000 feet or more from any accredited public, private or parochial
school, excluding commercial schools such as business, vocational or
technical schools; and
d. 1,000 feet or more from any religious institution meeting the
requirements of a conforming use and meeting all other requirements
of the Auburn City Code; and
e. 1,000 feet or more from any public park; and
f. 1,000 feet or more from any licensed daycare center, nursery school or
preschool as defined by ACC 18.04.290; and
g. One mile or more from any other work release, prerelease or similar
facility.
2. The distances provided in this subsection shall be measured by following
a straight line, without regard to intervening buildings, from the nearest
point of the property parcel upon which the proposed use is to be located
or expanded, to the nearest point of the parcel of property or the land use
district boundary line from which the proposed land use is to be separated.
C. Each facility shall provide on-site dining, on-site laundry or laundry service,
and on-site recreation facilities to serve the residents.
D. A conditional use permit application for a work release, prerelease or similar
facility shall be accompanied by proposed operating rules for the facility.
These proposed rules shall be reviewed by the planning director in
consultation with the chief of police and the city attorney. The planning
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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.
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 18.31.102.
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.
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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.
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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 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 fiextured 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
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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.
1. 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.
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2. Narrative description of the facility including whether there is capacity of
the proposed structure for more antennas, methods for minimizing visual
impacts of the facilities, etc.
3. A color swatch for the proposed primary support structure.
4. Photographs or similar illustrations that show a reasonable likeness of the
proposed facility including the antenna arrays and above-ground support
equipment.
K. 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-Di 1-D2
RO-H 1-A 1-B 1-C
C-N 1-A 1-B 1-C
G1 1-A 1-B 1-C
G2, DUC 1-A 1-B 1-C
C-3 1-13, 2-A 1-C, 2-13, 3-A 3-B
M-1, EP 1-13, 2-A 1-C, 2-13, 3-A 3-B
M-2 1-13, 2-A 1-C, 2-13, 3-A 3-B
P-1 1-6,2-A 1-C, 2-B 3-A3
I 1-A 1-B 1-C
LF 1-A 1-B 1-C
'Allowance for the WCF to extend to a height of 20 percent of the supporting structure. I
ZAllowance for the WCF to extend to a height of 30 percent of the supporting structure. I
3The maximum height alowed, incuding 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.
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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.
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 estabtish 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.
18.31.115 Wetland mitigation.
The following siting criteria shall apply to all wetland mitigation site construction
within the city af 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
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construction that is associated with a project that is located within the city of
Auburn shall be reviewed concurrently with that proposal and will not be subject
to the following:
A. Definitions.
1. "Wetland mitigation site construction," for the purposes of this section,
means the construction of new wetlands on existing nonwetland property
and/or the enhancement of existing wetlands.
B. Siting Criteria. Wetland mitigation site construction may be allowed within any
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.
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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.
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 are no
closer than 10 feet to an adjoining property line.
4. Where garage space is converted to tiving 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.
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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.
18.31.130 Reserved
18.31.140 Gated residential subdivisions.
The street(s) within a residential subdivision may be allowed to be gated
pursuant to the following:
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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.
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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 paratlel 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
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feet of clear passage for emergency access with a minimum ciear height
of not less than 16 feet 6 inches in accordance with WSDOT Design
Manual Section 1120.04 "Bridge Site Design Elements" paragraph 5(a)1.
Electrically operated gates shall have the capability to automatically
default to the unlocked (open) position in the event of a power outage.
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;
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vi. Any public library; and
vii. Any other facilities as identified by the State of Washington
Department of Social and Health Services following the hearings on
a potential site as required in RCW 71.09.315;
d. One mile or more from any work release, prerelease or similar facility.
2. The distances provided in this subsection shall be measured by following
a straight line, without regard to intervening buildings, from the nearest
point of the property parcel upon which the proposed use is to be located
or expanded to the nearest point of the parcel of property or the land use
district boundary line from which the proposed land use is to be separated.
3. The "adjacent to a parcel containing nor within the line of sight" criterion is
a minimal guideline established to minimize the access between an SCTF
and a"risk potential activity" as defined in RCW 71.09.020. That criterion
may be altered depending on topographic conditions, size of parcels, or
substantial intervening barriers to access (e.g., a river).
D. A conditional use permit application for an SCTF shall be accompanied by the
following:
1. The siting process used for the SCTF, including alternative locations
considered;
2. An analysis showing that utmost consideration was given to potential sites
such that siting of the facility will have no undue impact on any one racial,
cultural, or socio-economic group, and that there will not be a resulting
concentration of similar facilities in a particular neighborhood, community,
jurisdiction, or region;
3. Proposed mitigation measures;
4. A detailed plan that demonstrates how security for the facility and the
residents will be addressed, and how the security plans will be
coordinated with local emergency personnel;
5. A detailed plan on how the proposed operating rules for the facility will be
developed and coordinated with local emergency personnel;
6. A schedule and analysis of all public input solicited or to be solicited
during the siting process, including assurance that comments are
reviewed and adequately responded to; and
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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 befinreen 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.
18.31.160 Supportive Housing Development Standards
A. Supportive housing projects allowed pursuant to ACC 18.06.020 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: 2.0 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:
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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.
18.31.170 Reserved.
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 Washington Administrative Code (WAC 173-60) as amended. (Ord. 4229 §
2, 1987.)
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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 altowances 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.
1. 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.
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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.
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:
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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.
Section 18.31.200 Multi-Family Development & 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. Multi-family 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,
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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 multi-family and mixed use development
in architectural and site design within the context of the community's built
and natural environmental character, scale and diversity;
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2. Promote the scale of buiidings and the configuration of open space and
parking areas for multi-family 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 multi-family
and mixed use structures).
D. Design standards.
Adopted by reference are the "City of Auburn Multi-Family & 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 multi-
family 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 Community 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
multi-family 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 multi-family 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;
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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 1/8":1' 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 (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.
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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 Multi-Family & 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 Multi-Family & Mixed Use Design
Standards" up to 20 percent of the amount of any quantified standards
contained therein.
1. 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 Section L(Director Authority and Findings)
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 property noticed
and appealable land use decision.
K. Appeal of director's action on design review adjustments.
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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, Building and Community.
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 specificatly wherein all applicable conditions exist:
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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 facititates 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 propased 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
multi-family and mixed use development projects on neighboring lower
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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 form public rights-of-way and single family residential zones.
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Section 16. Repeal of chapter of Citv Code. That Chapter 18.45,
Lea Hill (LH) District, of the Auburn City Code be and the same hereby is
repealed.
Section 17. Repeal of chapter of Citv Code. That Chapter
18.45A, West Hill Annexation Area, of the Auburn City Code be and the same
hereby is repealed.
Section 18. Repeal of chapter of Citv Code. That Chapter 18.48,
Supplemental Development Standards, of the Auburn City Code be and the
same hereby is repealed.
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Section 19. Adoption of new chapter of Citv Code. That a new
Chapter 18.49, Flexible Development Alternatives, of the Auburn City Code be
and the same hereby is adopted to read as follows:
Chapter 18.49
Flexible Development Alternatives
Sections
18.49.010 Intent.
18.49.020 Applicability - Residential Development.
18.49.030 Applicability - Mixed-Use Development.
18.49.040 Applicability - Commercial/Industrial Developments.
18.49.050 Flexible Development Standards for Residential Development.
18.49.060 Flexible Development Standards for Mixed-use Development.
18.49.070 Flexible Development Standards for Commercial/Industrial.
18.49.080 Procedures.
18.49.090 Appeals.
18.49.010 Intent.
The City of Auburn Flexible Development Alternatives process is intended to
allow greater flexibility and creativity to develop a site through the development
review process via alternative development standards in exchange for public
benefit to the citizens of Auburn that helps the City accomplish goals and policies
outlined within its Comprehensive Plan. In exchange for the enhanced flexibility
offered by these alternative standards, the City requires that the proposed
development result in a significantly higher quality of design, generate more of a
public benefit, and be more environmentally sensitive than would have been the
case with the use of standard zoning or subdivision procedures.
This chapter describes standards and requirements to be used by the City of
Auburn to determine whether a development proposal meets the City's minimum
requirements to be eligible for review under the Flexible Development
Alternatives approval process.
18.49.020 Applicability - Residential Development.
A. Minimum Requirements for Residential Development:
In order to qualify for consideration under the residential development
provisions of this Chapter, a development proposal must meet all of the
following requirements:
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Flexible Development Alternatives for Residential Development is a two-tiered
process including minimum requirements (all of which must be met) and
flexible criteria, which must score a minimum of 100 points in at least three
categories, with not more than 40 points in any one category counting toward
the 100-point minimum.
1. Site Requirements:
Flexible Development Alternatives for Residential Development is a two-
tiered process including minimum requirements (all of which must be met)
and flexible criteria, which must score a minimum of 100 points in at least
three categories.
a. Location. The site of the proposed project must be located entirely
within one or more of the following zoning districts: R-1, R-5, R-7, R-
10, R-16, R-20.
b. Minimum Property Size. The land on which the proposed development
will be sited is a minimum of 8 acres for the R-1 through R-7 zones;
and a minimum of 2 acres for the R-10 through R-20 zones.
c. Lot Configuration. The tract(s) of land for which the project is proposed
shall be a common site with sufficient width and depth to
accommodate the proposed use.
d. Ownership/control. All land included for the purpose of the
development shall be owned by or be under the complete control of the
applicant for such proposal, whether the applicant be an individual,
partnership, corporation, group, or agency.
2. Project Requirements:
a. Development Type. The development proposal must constitute a
residential development. For purposes of this chapter, a residential
development may consist of single family dwellings, multiple-family
dwellings, or a combination thereof.
b. Consistency with intent of flexible development alternative regulations.
Applicant must demonstrate that the proposed development is
consistent with the intent of the Flexible Development Alternatives
regulations as provided in ACC 18.49.010.
c. Consistency with Auburn City Code. The proposed development shall
be consistent with all other requirements of the Auburn City Code.
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d. Consistency with Comprehensive Plan. Applicant must demonstrate
that the proposed development is consistent with the goals, objectives,
and policies of the City of Auburn Comprehensive Plan.
e. Arrangement of uses. Where non-residential uses are proposed as a
component of the overall residential development, non-residential uses
may not occupy more than 20 percent of the overall site.
B. Eligibility - Flexible Development Alternatives Scoring Matrix for Residential
Development.
Section ACC 18.49.020C shall be used to determine eligibility of a proposal
for review under the City's Flexible Development Alternatives approval
process. To meet the requirements, a project must: a) score at least 100
points total by providing any combination of features or amenities found in
ACC 18.49.020C below; and b) score points in any 3 or more of Categories 1
through 8 listed in the table, with not more than 40 points in any one category
counting toward the 100-point minimum.
C. Eligibility - Residential Flexible Development Matrix.
Development proposals will only be awarded points for improvements or
project features that exceed the requirements of the other chapters of this
title, the other titles of the City code, and the City Design and Construction
Standards.
Feature/Benefit Points Possible
Category 1- Sustainability
a. Project design incorporates the use of one or more of the 5 points per technique up to a
following low impact development (LID) techniques consistent : maximum of 25 points
with the city design and construction standards: bioretention, ;
soil amendment, permeable paving, vegetated roofs, minimal :
excavation foundations, rooftop rainwater collection.
. :
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. . . . . . . . . . . . . . . . . .
b. All residential units in the proposal meets the design LEED: 15 points for certification, add the
requirements for one or more of the following certifications: following points for applicable design
o Leadership in Energy and Efficient Design (LEED) level: 5 points for Silver, 10 points for
Homes Gold, 15 points for Platinum
o LEED Neighborhood
o Built Green Single Family Homes Built Green single family and multi-
o Built Green Multi-Family family: 5 points for 3-star design level,
o Built Green Community 10 points for 4-star design level, 15
points for 5 star-design level
Built Green Community: 10 points for 2-
star design level, 15 points for 3-star
design
. . . . . . . :
: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c. Project buildings and structures are constructed with at 5 points, plus 1 point for each two
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Feature/Benefit Points Possible
-
:
least 10% post-consumer content/recycled materials. ; percentage points in excess of 10%; up ;
to a maximum of 10 points
d. Project implements a construction recycling program 5 points
approved by the City of Auburn Building Division for
construction, demolition and deconstruction projects that
achieves a 90% landfill diversion rate
;
e. Project design incorporates one or more water : 5 points, plus one point for each type of :
conservation and management features (i.e. low-flow toilets, ; water conservation/management
Energy Star rated dishwashers and clothes washing machines, ; feature
drip irrigation system, etc.).
f. Project design incorporates one or more energy ; 5 points, plus one point for each type of ;
conservation/efficiency features (i.e. orienting buildings for ; energy conservation/efficiency feature i
passive cooling and optimal use of natural lighting, high ;
efficiency lighting with occupancy sensors for common areas, ;
Energy Star rated appliances, use of solar panels, etc.)
_
g. Applicant has provided an assessment of project's carbon : 10 points
footprint prepared by a qualified consultant defined as an
individual or firm with specialized knowledge or expertise in
the assessment of greenhouse gas and carbon impacts of ;
development. !
Category 2- Urban Design
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,
a. Project incorporates "public art" features that reflect the 5 points
community's values, history, economy or people in
accordance with the City of Auburn Comprehensive Plan
; a
b. Project facilitates access by bicyclists in accordance with 5 points
the City of Auburn Comprehensive Plan, and project does not
contain barriers such as fences or walls that unnecessarily
limit or block bicyclist access.
. . . . . . . . . . . . . . . .
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c. Project involves the voluntary undergrounding of existing ; 5 points + 1 point for every 25 feet of !
above ground utilities in accordance with the City of Auburn frontage up to a maximum of 10 points :
Comprehensive Plan, where such undergrounding would not
otherwise be required
; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
:
d. Project incorporates beautification of a designated 10 points
primary travel corridor (pursuant to the adopted City
Transportation Plan, and subject to the approval of the City
Engineer) in accordance with the City of Auburn
Comprehensive Plan
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
:
e. Project incorporates pedestrian- or transit-friendly design : 5 points + 1 point per non-repeated
features such as rear or side setback area parking, wider design feature up to a maximum of 15
sidewalks, street furniture, and building awnings in points
accordance with the City of Auburn Comprehensive Plan
Category 3- Community Cohesion and Neighborhood Safety
a. Project incorporates Crime Prevention through 5 points, plus 1 point for each CPTED
Environmental Design principles. technique incorporated in design
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . <
: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b. Project design incorporates features or design elements 5 points
to minimize interfaces between pedestrians and vehicular
traffic (i.e. elevated walkway, de-linking walkways and streets, ;
etc.
; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :
c. Project design provides for well defined neighborhood 5 points
gateways and community/common open spaces.
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feature/Benefit Points Possible
_
d. Project provides secure and observable piay spaces for 5 points
children.
:
e. Project provides for outdoor seating/gathering areas for ; 3 points
passive social activities (i.e. reading, conversing, or playing
chess, etc.)
Category 4- Housing
a. Senior Housing - Project creates or rehabilitates a ~ 2 points per senior housing unit up to a;
minimum of ten percent or two units (whichever is greater) of : maximum of 15 points
proposed housing meeting the definition of `senior housing'
as provided in ACC 18.04.
_
b. 5pecial Needs Housing - Project creates or rehabilitates a; 2 points per senior housing unit up to a;
minimum of ten percent or two units (whichever is greater) of : maximum of 15 points
proposed housing meeting the definition of `special needs
housing' as provided in ACC 18.04.
_ _......................._F........
c. Rehabilitation - Project rehabilitates one or more existing ; 2 points per rehabilitated housing unit, ;
housing units. Rehabilitation must meet the definition of to a maximum of 50 pts
Housing Rehabilitation as defined in ACC 18.04.
,
_ _.......................s..............
d. Housing Variety - Project creates or rehabilitates units i 2 points per max of housing type up to a:
representing two or more housing types as allowed in ACC maximum of 10 points
18.07.020 in the zone in which the development is proposed. -71
Category 5- Open Space and Recreation
a. Projects incorporating residential units provide for
individual unit private open space area through the provision 3 points
of a balcony, covered porch or similar architectural feature.
: _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b. Projects incorporating residential units provide for
common open space area that equates to 250 square feet of 5 points
common open space per unit or 10% of the total gross site
area, whichever is greater.
_ . . . . . . . ; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :
c. The Director, in consultation with the City Parks 2 points for each 0.25-acre of area or
Department, determines that the project creates a 200 linear feet of trail up to a maximum :
neighborhood park, trail, or other public recreational amenity ; of 15 points
as listed in ACC 18.04 not otherwise required by City
development regulations that furthers the goals and
objectives of an adopted City Parks, Recreation, and/or Open
Space Plan.
: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :
d. Project provides one or more common gardening spaces 5 points, plus 1 point for each 250
or community "Pea Patch" areas for residents of the square feet of gardening space.
development or surrounding neighborhood.
Category 6- Natural Resources Protection
a. Project retains and provides a"superior level of 15 points
protection and or enhancement" for sensitive natural features i
on site, including: wetlands, surface waters, geological
hazardous areas, sensitive plant and animal species, etc. For
purposes of this category, superior level of protection and or
enhancement includes incorporation of additional protections :
and/or restoration projects that enhance protection of or ;
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May 27, 2009
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Feature/Benefit ~ Points Possible
restore critical functions and values of the natural feature.
b. The project design demonstrates a"superior level of ; 15 points
protection and or enhancement" for elements of the
environment, including: air quality, water quality, natural
topography, native vegetation, etc. For purposes of this
category, superior level of protection and or enhancement
includes incorporation of additional protections and/or
restoration projects that enhance protection of or restore
critical functions and values of the environmental element.
_
c. The project design demonstrates a"superior level of 15 points
mitigation" for impacts associated with the proposed
development (or abatement of existing environmental
condition in h n 'g
s t e ei hborh
ood) such as noise, light and blare
, :
odors, vibration, etc. For purposes of this section "superior f
level of mitigation" shall mean mitigation that alleviates ~
existing condition issues in addition to mitigating for project
impacts.
Category 7- Cultural/Historic
a. Project preserves a site, structure or feature of cultural or : 25 points
historic significance. For purposes of this section, a site,
structure or feature of cultural or historic significance is one
that is listed on the Federal, State, or local register of historic
or cultural properties.
_
b. Project restores or enhances a site, structure or feature of : 40 points
cultural or historic significance as defined under subsection 7a :
above. i
~
_ . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . :
c. Project is located in any district designated in accordance 15 points
with the City of Auburn Historic Preservation Code, Chapter
15.76 ACC, or any other district designated by City of Auburn
ordinance or resolution intended to preserve, protect,
enhance, and/or perpetuate those sites, buildings, districts,
structures or objects which possess notable features or reflect
significant elements of Auburn's, the county's, state's and
nation's cultural, aesthetic, social, economic, political,
architectural, ethnic, archaeological, engineering, historic, or
other heritage. Applicant must demonstrate that project
design advances the stated intent of the district designation.
Category 8- Transportation and Mobility
a. Project demonstrates coordination with local and regional : 15 points
transit agencies and includes new transit facilities or features. :
_ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
:
b. Project design includes non-motorized transportation ; 5 points for each feature, up to a
features and amenities not otherwise required under by the maximum of 25
City code. For purposes of this requirement, non-motorized
transportation features include but are not limited to
pedestrian walkways, multi-use paths, bicycle racks/lockable
storage, connections with other local/regional trails,
walkways, paths.).
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Feature/Benefit ' Points Possible
c. Project improves the public street(s) adjacent to the : 25 points
project site using a"Complete Streets" design to provide I
accommodation for pedestrians, bicyclists, transit riders, and ;
persons of all abilities, where such improvements are not ;
otherwise required by City development regulations.
d. Project design includes one or more Transportation 5 points for each feature, up to a
Demand Management features including but not limited to maximum of 15
preferential parking for high-occupancy vehicles, improved
access for transit vehicles.
_
e. Project provides for one or more transportation ; 5 points for each alternative, up to a
alternatives which include but are not limited to car share, maximum of 15
bike share or other method of providing alternatives to
individual automobile ownership).
Design Innovation Bonus
a. Project demonstrates a high degree of innovation by 10 points
providing one or more design features not listed
elsewhere in this rating instrument or otherwise required
by City development regulations that promote(s)
sustainability, energy/water conservation or efficiency,
community cohesion, neighborhood safety, adaptive re-
use of existing development, or enhanced transportation
circulation/mobility.
18.49.030 Applicability - Mixed-Use Development.
Flexible Development Alternatives for Mixed-Use Development is a two-tiered
process including minimum requirements (all of which must be met) and flexible
criteria, which must score a minimum of 100 points in at least three categories,
with not more than 40 points in any one category counting toward the 100-point
minimum.
A. Minimum Requirements for Mixed-Use Development:
In order to qualify for consideration under the mixed-use development
provisions of this Chapter, a development proposal must meet all of the
following requirements:
1. Site Requirements:
a. Location. The site of the proposed project must be located entirely
within one or more of the following zoning districts: R-10, R-16, R-20,
C C1, C2, C3, CN, RO, RO-H, M1.
Ordinance No. 6245
May 27, 2009
Page 135 of 151
b. Lot Configuration. The tract(s) of land for which the project is proposed
shall be a common site with sufficient width and depth to
accommodate the proposed use.
c. Ownership/control. All land included for the purpose of the
development shall be owned by or be under the complete control of the
applicant for such proposal, whether the applicant be an individual,
partnership, corporation, group, or agency.
d. Proximity to a Multi-Modal Transportation Corridor. The site of the
proposed development shall be located a maximum of one quarter mile
from a multi-modal transportation corridor within the City of Auburn.
The proposed development shall provide vehicular, transit, bicycle or
pedestrian access to the corridor.
e. Proximity to Public Street System. The site of the proposed
development shall abut one or more public streets having a current
functional street classification of Principal Arterial, Minor Arterial,
Residential Collector, or Non-Residential Collector as designated by
the Auburn Comprehensive Transportation Plan.
2. Project Requirements:
a. Development Type. The development proposal must constitute a
mixed-use development. For purposes of this chapter, a mixed use
development is a single unified development that incorporates the
planned integration of two or more different land uses consisting of
some combination of office, light industrial (if allowed in underlying
zone), hotel, retail, public entertainment and public uses, and/or
housing. Mixed-use projects may be vertically oriented in one or more
buildings, or geographically distributed on a development site.
b. Consistency with intent of flexible development alternative regulations.
Applicant must demonstrate that the proposed development is
consistent with the intent of the Flexible Development Alternatives
regulations as provided in ACC 18.49.010.
c. Consistency with Auburn City Code. The proposed development shall
be consistent with all other requirements of the Auburn City Code.
d. Consistency with Comprehensive Plan. Applicant must demonstrate
that the proposed development is consistent with the goals, objectives,
and policies of the City of Auburn Comprehensive Plan.
Ordinance No. 6245
May 27, 2009
Page 136 of 151
e. Arrangement of uses. No residential use may occupy more than 25
percent of the first floor of a building with two or more uses.
B. Eligibility - Flexible Development Alternatives Scoring Matrix for Mixed-Use
Development.
Section ACC 18.49.030C shall be used to determine eligibility of a proposal
for review under the City's Flexible Development Alternatives approval
process. To meet the requirements, a project must: 1) score at least 100
points total by providing any combination of features or amenities found in
ACC 18.49.030C below; and 2) score points in any 3 or more of Categories 1
through 9 listed in the table. For each development proposal requesting
evaluation through the flexible development alternatives process, the planning
director shall determine: a) Whether the proposal meets the criteria for each
feature in the flexible development matrix in ACC 18.49.030C; and b) The
number of points awarded for each qualifying feature consistent with the
matrix.
Development proposals will only be awarded points for improvements or
project features that exceed the requirements of the other chapters of this
title, the other titles of the City code, and the City Design and Construction
Standards.
C. Eligibility - Mixed-Use Flexible Development Matrix.
Feature/Benefit Points Possible
Category 1- Sustainability
a. Project design incorporates the use of one or 5 points per technique up to a maximum of 25 i
more of the following low impact development (LID) points
techniques consistent with city design and
construction standards: bioretention, soil
amendment, permeable paving, vegetated roofs,
minimal excavation foundations, rooftop rainwater
collection.
,
_ ................................................................................_._.._..._..............a...................................................................................
..............................
b. Residential portion of project (all residential LEED: 15 points for certification, add the
units) meets the design requirements for one or more : following points for applicable-design level: 5
of the following LEED or Built Green Certifications: ; points for Silver, 10 points for Gold, 15 points :
for Platinum
o LEED Homes
o LEED Neighborhood Built Green single family and multi- family: 5
o Built Green Single Family Homes points for 3-star design level, 10 points for 4-
o Built Green Multi-Family
o Built Green Community star design level, 15 points for 5 star-design
level
Built Green Community: 10 points for 2-star
design level, 15 points for 3-star design
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May 27, 2009
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Feature/Benefit Points Possible
!
_
_ c. Non-residential portion of project (all non- 15 points for certification, add the following ;
residential buildings, structures, or spaces) meets the ; points for applicable design level: 5 points for '
design requirements for one or more of the following Silver, 10 points for Gold, 15 points for
LEED Certifications: Platinum
o LEED Core and Shell
o LEED New Construction
o LEED Commercial Interiors
~
o LEED Retail
........_...._._.i
d. Project buildings and structures are constructed 5 points, plus 1 point for each two percentage ~
with at least 10% post-consumer content/recycled points in excess of 10%; up to a maximum of ~
materials. 10 points ~
. .
e. Project implements a construction recycling 5 points
I
program approved by the City of Auburn Building
Division for construction, demolition and
deconstruction projects that achieves a 90% landfill
diversion rate
i
f. Project design incorporates one or more water ; 5 points, plus one point for each type of water ;
conservation and management features not : conservation/management feature ~
otherwise required by other City development ;
regulations or standards (i.e. low-flow toilets, Energy ;
Star rated appliances, drip irrigation system, etc.). ;
'
, .
g. Project design incorporates one or more energy ; 5 points, plus one point for each type of energy ;
conservation/efficiency features (i.e. orienting ; conservation/efficiency feature
buildings for passive cooling and optimal use of ;
natural lighting, high efficiency lighting with
occupancy sensors for common areas, Energy Star
rated appliances, use of solar panels, etc.)
: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _
:
h. Applicant has provided an assessment of project's ; 10 points
carbon footprint prepared by a qualified consultant
defined as an individual or firm with specialized
knowledge or expertise in the assessment of
greenhouse gas and carbon impacts of development.
Category 2- Urban Design
_
a. Project incorporates "public art" features that 5 points
reflect the community's values, history, economy or
people in accordance with the City of Auburn
Comprehensive Plan
;
b. Project facilitates access by bicyclists in 5 points
accordance with the City of Auburn Comprehensive
Plan. Project does not contain barriers such as fences i
or walls that unnecessarily limit or block bicyclist
access.
:
;
c. Project involves the voluntary undergrounding of 5 points + 1 point for every 25 feet of frontage :
existing above ground private utility distribution, up to a maximum of 10 points
service, and telecommunication lines not otherwise
required by the City.
; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . _ ~
d. Project incorporates landscaping; design features ; 10 points
such as decorative, textured, or pigmented concrete; ;
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Feature/Benefit Points Possible
historical signage; or other features not otherwise
required by other City codes that enhance the visual
appearance of streets adjacent to the project
(pursuant to the adopted City Transportation Plan) in
accordance with the City of Auburn Comprehensive
Plan. Any such features that would be located in the
public right-of-way would be subject to the approvai
of the City Engineer.
_
:
e. Project incorporates transit friendly design 5 points + 1 point per non-repeated design
features such as rear or side setback area parking, feature up to a maximum of 15 points
wider sidewalks, street furniture, and building
awnings in accordance with the City of Auburn
Comprehensive Plan
Category 3- Community Cohesion and Neighborhood Safety
a. Project incorporates Crime Prevention through S points, plus 1 point for each CPTED
Environmental Design principles. technique incorporated in design
,
~ _...........................................s._.._.._.............
b. Project design incorporates features or design 5 points
elements to minimize interfaces between pedestrians :
and vehicular traffic (i.e. elevated walkway, de-linking ;
walkways and streets, etc.).
;
c. Planning director finds that project design : 5 points
provides for well defined neighborhood gateways and :
community/common open spaces.
_
d. Project provides secure and observable play 5 points
spaces for children.
; ;
e. Project provides for outdoor seating/gathering ; 3 points
areas for passive social activities (i.e. reading, ;
conversing, or playing chess, etc.)
Category 4- Housing
a. Senior Housing - Project creates or rehabilitates 2 points per senior housing unit up to a
a minimum of ten percent or two units (whichever is maximum of 15 points
greater) of proposed housing meeting the definition
of `senior housing' as provided in ACC 18.04.
b. Special Needs Housing - Project creates or ; 2 points per senior housing unit up to a
rehabilitates a minimum of ten percent or two units maximum of 15 points
(whichever is greater) of proposed housing meeting
the definition of'special needs housing' as provided
in ACC 18.04.
: ;
c. Rehabilitation - Project rehabilitates one or more ; 2 points per rehabilitated housing unit, to a
existing housing units. Rehabilitation must meet the maximum of 50 pts
definition of Housing Rehabilitation as defined in ACC ;
18.04.
: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . :
d. Housing Variety - Project creates or rehabilitates 2 points per max of housing type up to a
units representing two or more housing types as maximum of 10 points
defined by ACC 18.04.
Category 5- Open Space and Recreation
a. Projects incorporating residential units provide
for individual unit private open space area through 3 points
Ordinance No. 6245
May 27, 2009
Page 139 of 151
Feature/Benefit Points Possible ;
the provision of a balcony, covered porch or similar
architecturalfeature.
._................i............._......................................
<
b. Projects incorporating residential units provide
for common open space area adjacent to the mixed 5 points
use building(s) that equates to 250 square feet of i
common open space per unit or 10% of the total gross ; ~
site area, whichever is greater.
_
c. The Director, in consultation with the City Parks 2 points for each 0.25-acre of area or 200
Department, determines that the project creates a linear feet of trail up to a maximum of 15
neighborhood park, trail, or other public recreational points
amenity as listed in ACC 18.04 not otherwise required :
by City development regulations that furthers the
goals and objectives of an adopted City Parks,
Recreation, and/or Open Space Plan.
_....i
d. Project provides one or more common gardening ; 5 points, plus 1 point for each 250 square feet ;
spaces or community "Pea Patch" areas for residents ; of gardening space.
of the development or surrounding neighborhood.
Category 6- Natural Resources Protection
a. Project retains and provides a"superior level of 15 points
protection and or enhancement" for sensitive natural
features on site, including: wetlands, surface waters,
geological hazardous areas, sensitive plant and animal :
species, etc:iFor purposes of this category, superior
level of protection and or enhancement includes
incorporation of additional protections and/or
restoration projects that enhance protection of or
restore critical functions and values of the natural
feature.
: . . . . . .
:
b. The project design demonstrates a"superior 15 points
level of protection and or enhancement" for elements ;
of the environment, including: air quality, water
quality, natural topography, native vegetation, etc.
For purposes of this category, superior level of
protection and or enhancement includes
incorporation of additional protections and/or
restoration projects that enhance protection of or
restore critical functions and values of the natural
feature.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. .
. . :
c. The project design demonstrates a"superior level : 15 points
of mitigation" for impacts associated with the
proposed development (or abatement of existing
environmental conditions in the neighborhood) such
as noise, light and glare, odors, vibration, etc. For
purposes of this section "superior level of mitigation" `
shall mean mitigation that alleviates existing
condition issues in addition to mitigating for project
i mpacts.
Category 7- Cultural/Historic
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May 27, 2009 !
Page 140 of 151 '
Feature/Benefit ~ Points Possible
a. Project preserves a site, structure or feature of 25 points
cultural or historic significance. For purposes of this
section, a site, structure or feature of cultural or
historic significance is one that is listed on the
Federal, State, or local register of historic or cultural
properties.
;
_.........i.........
b. Project restores or enhances a site, structure or 40 points
feature of cultural or historic significance as defined in :
subsection 7a above.
:
_
c. Project is located in any district designated in 15 points
accordance with the City of Auburn Historic
Preservation Code, Chapter 15.76 ACC, or any other
district designated by City of Auburn ordinance or
resolution intended to preserve, protect, enhance,
and/or perpetuate those sites, buildings, districts,
structures or objects which possess notable features
or reflect significant elements of Auburn's, the
county's, state's and nation's cultural, aesthetic,
social, economic, political, architectural, ethnic,
archaeological, engineering, historic, or other
heritage. Applicant must demonstrate that project
design advances the stated intent of the district
designation.
Category 8- Transportation and Mobility
a. Project demonstrates coordination with local and ; 15 points
regional transit agencies and includes new transit
facilities or features.
: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . .
b. Project design includes non-motorized 5 points for each feature, up to a maximum of i
transportation features and amenities not otherwise 25
required under by the City code and/or City
Comprehensive Plan (i.e. pedestrian walkways, multi- '
use paths, bicycle racks/lockable storage, connections :
with other local/regional trails, walkways, paths, etc.). ;
Any such features to be located in the public right-of-
way are subject to the review and approval of the City ;
Engineer.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . :
: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c. Project improves the public street(s) adjacent to 25 points
the project site using a"Complete Streets" design to :
provide accommodation for pedestrians, bicyclists, ;
transit riders, and persons of all abilities, where such :
improvements are not otherwise required by City ;
development regulations.
_ . . . . . . . < . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . :
d. Project design includes one or more 5 points for each feature, up to a maximum of :
Transportation Demand Management features 15
including but not limited to preferential parking for
high-occupancy vehicles, improved access for transit
vehicles..
: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . :
e. Project provides for one or more transportation ' S points for each alternative, up to a maximum ;
Ordinance No. 6245
May 27, 2009
Page 141 of 151
Feature/Benefit Points Possible j
_
alternatives which include but are not limited to car of 15
share, bike share or other method of providing
alternatives to individual automobile ownership.). '
Category 9- Economic Development
a. Project creates or retoins a minimum of 10 2 points per job created up to a maximum of 1
permanent family wage jobs For purposes of this 40 i
section a permanent family wage job shall be a full f
time job that, including benefits earns at least 250% ~
of the Federal Poverty Guideline for a family of four as ~
listed in the latest Federal Poverty Guidelines i
published by the U.S. Department of Health and
Human Services. ~
~
_ .
b. Project creates or retains a minimum of 10 ; 4 points per job created up to a maximum of ~
permanent higher wage jobs. For purposes of this 40
section, a permanent family wage job shall be a full
time job that, including benefits earns at least 350% `
of the Federal Poverty Guideline for a family of four as ~
listed in the latest Federal Poverty Guidelines
published by the U.S. Department of Health and
Human Services.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
~
c. Project provides one or more neighborhood 3 points per neighborhood service up to a
services listed in ACC 18.04. maximum of 15 points
.................................................................................................................................................................'s..........................
............................................................................................................................................_........_._.._........_._i
c. Project revitalizes (i.e., proposed more intensive 10 points
and active development than exists) commercial or
industrial sites incorporating current adopted design
standards producing commercial uses in accordance
with the City of Auburn Comprehensive Plan.
Design Innovation Bonus
a. Project demonstrates a high degree of 10 points
innovation by providing one or more design
features not listed elsewhere in this rating
instrument or otherwise required by City
development regulations that promote(s)
sustainability, energy/water conservation or
efficiency, community cohesion, neighborhood
safety, adaptive re-use of existing development, or
enhanced transportation circulation/mobility.
18.49.040 Applicability - Commercial/Industrial Developments.
Reserved.
18.49.050 Flexible Development Standards for Residential Development.
Residential development that meets the minimum eligibility requirements of ACC
18.49.020 are able to utilize the flexible development standards outlined in this
section.
Ordinance No. 6245
May 27, 2009
Page 142 of 151
A. General Development Standards
The following general flexible development standards would be appiicable to
residential development that meets the eligibility criteria for residential
development as outlined in ACC 18.49.030A above.
1. Alternative Lot Dimension Requirements.
Lot area,' lot frontage and width, and setback requirements otherwise
required under Title 18 ACC shall not apply to individual lots within a
flexible development authorized under Chapter 18.49 ACC, provided that
the Director has approved the proposed alternative lot dimensions for the
development subject to the following limitations:
a. Lots having primary frontage on a street other than a street created by
the development shall not have reduced frontage or front setbacks
unless the Director determines that doing so improves consistency of
building spacing and bulk with the character of the existing facility; and
b. At least fifty percent (50%) of the required front, side and rear setback
areas for the district shall be maintained in the development. In no
case shall any side yard setback be less than 5 feet.
c. In no case shall required lot widths be reduced below 50% of the
underlying zone requirement, or below 30 feet as the absolute
minimum required lot width within residential zones.
2. Alternative Parking Lot Landscaping Requirements.
Parking lot landscaping type, location, frontage, and area requirements
under ACC 18.50.060 shall not apply to off-street parking areas in a
flexible development authorized under Chapter 18.49 ACC, provided that
the Director has approved an alternative landscape design for the
development subject to the following limitations:
a. Total proposed parking lot landscape area is greater than or equal to
parking lot landscape are required under ACC 18.50.060(H); and
b. No sight-obscuring plants will be allowed whenever safe sight
clearance is necessary for ingress and egress from a public street.
3. Alternative Engineering Design Standards.
Residential flexible development projects authorized under Chapter 18.49
ACC shall be eligible to deviate from the City of Auburn Engineering
Design Standards, provided that the City Engineer has determined that
Ordinance No. 6245
May 27, 2009
Page 143 of 151
the proposed design: 1) Meets or exceeds the technical requirements
otherwise required by the Engineering Design Standards with respect to
functionality, safety, and maintenance and operation, 2) is consistent with
the City Comprehensive Plan and applicable capital facilities and
comprehensive utility plans, and 3) is consistent with the purpose and
intent of the flexible development regulations under Chapter 18.49 ACC.
The project applicant is responsible for providing information in sufficient
detail to allow the City Engineer to make such determination.
4. Expedited Permitting Process of 90 days or less:
Flexible development projects authorized under Chapter 18.49 ACC shall
receive expedited permit review for City land use approvals and building
permits associated with the project. For such development permits, the
City shall strive to limit the City's processing time to not more than 90 days
after receipt of a complete permit application, including SEPA
environmental review information as required by Chapter 16.06 ACC, as
stated in a letter from the City acknowledging receipt of said complete
application or 75% of the standard processing time for such application,
whichever is greater. Time during which applicants are providing revisions
and/or otherwise amending a permit application shall not be counted
against the 90 day permit processing timeline.
5. Density Bonus.
a. 135% Residential Density Bonus. A density bonus allowing up to
135% of the base density of the underlying zone shall be allowed for
developments that meet the minimum eligibility criteria of ACC 18.49.020
of 100 points.
b. 150% Residential Density Bonus. A density bonus allowing up to
150% of the base density of the underlying zone shall be allowed for
development projects that show exceptional merit as measured by scoring
up to 150 points on the eligibility criteria matrix of ACC 18.49.020.
B. Feature-Specific Residential Development Standards.
1. Alternative Minimum Off Street Parking.
Development projects that incorporate at least two of the following
features as part of the multi-family residential portion of the development
may reduce the number of off-street parking spaces otherwise required
under ACC 18.52 for that/those portion(s) of the development by 25
percent:
Ordinance No. 6245
May 27, 2009
Page 144 of 151
a. Within one half mile of transit stops serving transit routes that provide
service six or more days per week;
b. Improved access for transit vehicles;
c. Alternative transportation elements (i.e. car share, bicycle parking
facilities, etc.); and
d. Connections with other local/regional trails, walkways, paths, etc.
18.49.060 Flexible Development Standards for Mixed-use Development.
Development that meets the minimum eligibility requirements of ACC 18.49.030
are able to utilize the flexible development standards outlined in this section.
A. General Development Standards.
The following general flexible development standards would be applicable to
development that meets the eligibility criteria for mixed-use development as
outlined in ACC 18.49.030.
1. Alternative Lot Dimension Requirements.
Lot area, lot frontage and width, and setback requirements otherwise
required under Title 18 ACC shall not apply to individual lots within a
flexible development authorized under Chapter 18.49 ACC, provided that
the Director has approved the proposed alternative lot dimensions for the
development subject to the following limitations:
a. Lots having primary frontage on a street other than a street created by
the development shall not have reduced frontage or front setbacks
unless the Director determines that doing so improves consistency of
building spacing and bulk with the character of the existing facility; and
b. At least fifty percent (50%) of the required front, side, and rear
setbacks for the underlying zone shall be maintained in the
development. In no case shall any side yard setback be less than 5
feet.
2. Alternative Parking Lot Landscaping Requirements.
Parking lot landscaping type, location, frontage, and area requirements
under ACC 18.50.060(H) shall not apply to off-street parking areas in a
flexible development authorized under Chapter 18.49 ACC, provided that
the Director has approved an alternative landscape design for the
development subject to the following limitations:
Ordinance No. 6245
May 27, 2009
Page 145 of 151
a. Total proposed parking lot landscape area is greater than or equal to
parking lot landscape are required under ACC 18.50.060(H); and
b. No sight-obscuring plants will be allowed whenever safe sight
clearance is necessary for ingress and egress from a public street.
3. Alternative Engineering Design Standards.
Mixed-use flexible development projects authorized under Chapter 18.49
ACC shall be eligible to deviate from the City of Auburn Engineering
Design Standards consistent with City of Auburn Construction and Design
Standards process, provided that the City Engineer has determined that
the proposed design: 1) Meets or exceeds the technical requirements
otherwise required by the Engineering Design Standards with respect to
functionality, safety, and maintenance and operation, 2) is consistent with
the City Comprehensive Plan and applicable capital facilities and
comprehensive utility plans, and 3) is consistent with the purpose and
intent of the flexible development regulations under Chapter 18.49 ACC.
The project applicant is responsible for providing information in sufficient
detail to allow the City Engineer to make such determination.
4. Expedited Permitting Process of 90 days or less.
Flexible development projects authorized under Chapter 18.49 ACC shall
receive expedited permit review for City land use approvals and building
permits associated with the project. For such development permits, the
City shall strive to limit the City's processing time to not more than 90 days
after receipt of a complete permit application, including SEPA
environmental review information as required by Chapter 16.06 ACC, as
stated in a letter from the City acknowledging receipt of said complete
application or 75% of the standard processing time for such application,
whichever is greater. Time during which applicants are providing revisions
and/or otherwise amending a permit application shall not be counted
against the 90 day permit processing timeline.
5. Density Bonus.
a. 135% Density Bonus. A residential density bonus allowing up to 135%
of the base density of the underlying zone shall be allowed for
developments that meet the minimum eligibility criteria of ACC 18.49.030
of 100 points.
b. 150% Density Bonus. A residential density bonus allowing up to 150%
of the base density of the underlying zone shall be allowed for
Ordinance No. 6245
May 27, 2009
Page 146 of 151
development projects that show exceptional merit as measured by
meeting up to 150 points on the eligibility criteria matrix of ACC
18.49.030C.
B. Feature-Specific Mixed Use Development Standards.
1. Alternative Minimum Off Street Parking.
Development can qualify for either subsection a. or b. of this Section, but
not both.
a. Development projects that incorporate shared parking areas for two or
more non-residential principal uses may reduce the total number of off-
street parking spaces otherwise required for those uses under ACC.
18.52 by 25 percent.
b. Development projects that incorporate any of the following features as
part of the residential and/or non-residential portions of the
development may reduce the number of off-street parking spaces
otherwise required under ACC 18.52 for that/those portion(s) of the
development by 25 percent; developments also providing for shared
parking for two or more non-residential principal uses may reduce the
number of non-residential off-street parking spaces otherwise required
under ACC 18.52 by 35 percent:
i. Transit stops;
ii. Improved access for transit vehicles;
iii. Alternative transportation elements (i.e. car share, bicycle parking
facilities, etc.); and
iv. Connections with other local/regional trails, walkways, paths, etc.
2. Structured Parking Bonus.
A development that includes all of its proposed parking within a parking
structure (as defined in ACC 18.04) that is screened from surrounding
public streets and public spaces may be allowed to reduce minimum
garage setbacks to 0" for portions of the parking structure that are
underground. Any portion of such improvements that would be located in
the public right-of-way would be subject to the approval of the City
Engineer and may require a right-of-way use permit.
3. Use of Hardscape for Open Space.
Ordinance No. 6245
May 27, 2009
Page 147 of 151
A mixed use development may be allowed to provide up to 75% of its
required on-site open space as hardscape such as decorative paving, rock
outcroppings, fountains, plant containers for features such as plazas,
courtyards, and other public gathering spaces. Hardscape is encouraged
to be provided in the form of pervious surfaces meeting City Design and
Construction Standards.
4. Maximum Height Bonus.
Mixed use development that includes required on-site parking within a
parking structure may provide an additional 10 feet of height to the
building provided that a portion of that height is used to provide roof forms
that provide distinctive roof forms such as:
a. pitched or sloped roof;
b. extended parapets; or
c. projecting cornices.
18.49.070 Flexible Development Standards for Commercial/Industrial
Reserved
18.49.080 Procedures
A. Project proponents interested in applying for flexible development under this
code section must follow the requirements of the underlying permit process
as outlined in Title 14 of the ACC with the following exceptions:
1. Prior to submittal of an application that incorporates proposed flexible
development standards, the applicant must first submit:
a. A checklist on a form provided by the City of Auburn outlining the
features that the development proposal will utilize to reach the required
minimum 100 point eligibility needed to utilize flexible development
standards.
b. A conceptual site plan (including conceptual design of all public utility
facilities and road design) and narrative that identifies the features that
meet the 100 point requirement of ACC 18.49.020, 18.49.030, or
18.49.040 based on development type, and that identifies the flexible
development features of ACC 18.49.050, 18.49.060, and 18.49.070
based on development type that the applicant proposes to utilize for
the development proposal.
Ordinance No. 6245
May 27, 2009
Page 148 of 151
B. The City of Auburn shall evaluate flexible development submittals provided
pursuant to ACC 18.49.080A. and provide a written statement identifying
whether or not the applicant met the required minimum score and is allowed
to utilize flexible development standards outlined in this Chapter.
C. A flexible development proposal must demonstrate its compliance with the
City of Auburn Design and Construction Standards and any modifications to
those standards that the City Engineer allows through application of this
Chapter.
D. Modifications.
Any proposed modifications to development projects that have been accepted
as flexible development proposals, and that include amendment to a flexible
development eligibility feature or flexible development standard called out in
the application materials submitted as part of the requirements of ACC
18.49.080A must be re-evaluated through a revised application submittals
that provide information consistent with the requirements of ACC
18.49.080A.1.a. through b.
E. Eligibility Criteria Review and Amendment.
The City shall conduct a review of eligibility criteria contained in ACC 18.49
one year after adoption of the implementing ordinance. After the initial
review, the City may efect to review and modify eligibility criteria contained
within this Chapter as part of the City's annual docket process through as a
legislative nonproject decision pursuant to ACC 14.03.060.
18.49.090 Appeals.
Appeals of administrative decisions regarding eligibility for flexible development
shall be made to the Hearing Examiner as outlined in ACC Chapters 18.66 and
18.70.
Ordinance No. 6245
May 27, 2009
Page 149 of 151
Section 20. Repeal of chapter of Citv Code. That Chapter 18.58,
PerFormance Standards, of the Auburn City Code be and the same hereby is
repealed.
Section 21. Adoption of Zoninq Map. The Comprehensive Zoning
Map of the City of Auburn, Washington, attached hereto as Exhibit "A," and
incorporated herein by reference, is hereby amended and adopted as the official
zoning map of the City of Auburn. Copies of said map shall be on file in the
office of the City Clerk.
Section 22. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation. Section 23. Severabilitv. The provisions of this ordinance are
declared to be separate and severable. The invalidity of any clause, sentence,
paragraph, subdivision, section or portion of this ordinance, or the invalidity of the
application thereof to any person or circumstance shall not affect the validity of
the remainder of this ordinance, or the validity of its application to other persons
or circumstances.
Section 24. Effective date. This Ordinance shall take effect
and be in force five days from and after its passage, approval and publication as
provided by law, and the changes to the Auburn City Code set forth herein shall
take effect on June 15, 2009.
JUN '12009
INTRODUCED:
Ordinance No. 6245
May 27, 2009
Page 150 of 151
PASSED: JUN 1 `[U09
APPROVED: u ~ ~nna
~
~
PETER B. LEWIS
MAYOR
ATTEST:
Da ~ Ile E. Daskam, City Clerk
APPRQVED AS TO FORM:
l
D el B. H', ity Attorn
Published:
Ordinance No. 6245
May 27, 2009
Page 151 of 151
~
CITY OF
AtiBURN Peter B. Lewis, Mayor
WASH INGTON 25 West Main Street * Aubum WA 98001-4998 * www.aubumwa.gov * 253-931-3000
STATE OF WASHINGTON )
)ss. '
COUNTIES OF KING AND PIERCE ) I, Danielle Daskam, the duly appointed, qualified City Clerk of the City of
Auburn, a Municipal Corporation and Code City, situate in the counties of King and
Pierce, State of Washington, certify as follows
1. The foregoing is a full, true and correct copy of Ordinance No. 6245
(the "Ordinance") duly passed by the Council and approved by the Mayor of the said
City of Auburn, on the 1 st day of June, 2009, as that ordinance appears on the
minute book of the City.
2. Ordinance No. 6245 was published as provided by law in the Seattle
Times, a daily newspaper published in the City of Auburn, and of general circulation
therein, on the 4th day of June, 2009.
Witness my hand and the official seal of the City of Auburn, this 29th day of
June, 2009.
- ~
Danielle Daskam, City Clerk
City of Auburn
AUBURN * MORE THAN YOU IMAGINED