HomeMy WebLinkAbout6716 ORDINANCE NO. 6716
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO A NEW LAND USE
CATEGORY FOR EMERGENCY WIRELESS COMMUNICATION
FACILITIES, AMENDING SECTIONS 18.04.912, 18.31.100,
18.35.030, OF THE AUBURN CITY CODE
WHEREAS, LDC, Inc. on behalf of the Puget Sound Emergency Radio Network
(PSERN), made application on July 13, 2018 to amend Title 18 Zoning to accommodate
their proposed emergency wireless communication facility (EWCF) in the I, Institutional
Zoning District.
WHEREAS, current zoning requirements do not address emergency wireless
communication towers, which are one class of wireless facility that the Federal
Communications Commission has protected from broad local government regulation; and
WHEREAS, pursuant to RCW 36.70A the proposed code amendment language
was transmitted to the Washington State Department of Commerce requesting an
expedited review (consisting of a 14-day period) on December 10, 2019. On January 7,
2019 the City received notice that expedited review had been granted, and that upon
receipt of the email the City met the notice to state agency requirements contained in
RCW 36.70A.106. The City did not receive any state agency comments.
WHEREAS, the code amendment was subject to environmental review process
under the Washington State Environmental Policy Act (SEPA). A Determination of Non-
Significance (DNS) was issued December 10, 2018 (and reissued on December 19,
2018) and the City observed a fifteen-day public comment period; and
WHEREAS, Notice of Public Hearing (NOPH), was issued on March 22, 2019 a
Ordinance No. 6716
April 22, 2019
Page 1
minimum of 10 days prior to the public hearing as required by ACC 18.68.040(A)(1).
WHEREAS, the Planning Commission reviewed the code amendment at its
January 23, 2019 and March 5, 2019 Planning Commission meetings; and
WHEREAS, the City received three public comment letters in response to notice
of the public hearing, and
WHEREAS, the Planning Commission held a public hearing on the proposed
amendment on April 2, 2019, and afterwards forwarded a recommendation for approval
to the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. That Sections 18.04.912, 18.31.100,
18.35.030 of the Auburn City Code are amended to read as shown in Exhibit A.
Section 2. Implementation. The Mayor is hereby authorized to implement
those administrative procedures necessary to carry out the directives of this legislation.
Section 3. Severability. 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 4. 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.
MAY 2 0 20T9
INTRODUCED:
Ordinance No. 6716
April 22, 2019
Page 2
PASSED: MAY 2 0 2011
APPROVED: MAY 2 0 2019
CITY OF AUBURN
t
ANCY B� �S, MAY R
ATTEST: APPROVED AS TO FORM:
. :4
Shawn Campbell, MMC, City Clerk Steven L. Gross, City Attorney
PUBLISHED: i'VA1 7? 7/U0 GUAA411110145
Ordinance No. 6716
April 22, 2019
Page 3
REVISION LEGEND
Revisions shown in Exhibit A follow the guidelines below:
• Insertions are shown to green,underlined text. Page 1 of 17
• Deletions are shown in red,strikethrough text.
• Moves are shown in black,underlined text.
Ordinance 6716 Exhibit A
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.
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.
Page 2 of 17
G. "Microcells" are typically located in and exclusively benefit residential neighborhoods. Microcells
consist of an antenna that is either: (1) 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(2) a tubular antenna that is no more
than four inches in diameter and no more than six feet in height; or(3) 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(4) similar antennas that are of comparable size and shape.
H. "Separation" means minimum distance required between primary support structures.
I. "Support structure" means the structure to which the 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 non:staffed 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.
K. "Emergency Wireless Communication Facility (EWCF) " means a wireless communications facility
for the purpose of an emergency communication system operated by a local public agency
responsible for providing emergency services.
L.. For the purposes of determining in which zones wireless communications facilities are to be
permitted, they will be classified pursuant to the following types. Refer to the table in ACC
18.31.100 t(_. 1 to determine which zones allow for the following types of facilities:
1. TYPE 1. Type 1 are new antennas erected on existing buildings or nonresidential structures.
_There arc four separate Type 1 categories described as follows:
a. 1 A. The combined height of the antenna together with the height of the existing building
which the building is located.
Page 3 of 17
cannot be 50 percent greater than the existing building or exceed the height limitation of the zone in
which the building is located.
c. 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 zone in which the
building is located. The height limitation of the zone can only be exceeded by 25 percent.
d. 1 D. Antenna located on existing water towers. athletic field light poles, or similar public utility
permit. The height limitation of the zone may be exceeded relative to the ab
for a 1 D facility.
2. TYPE 2. Type 2 are new antennas erected on existing (primary) support structures that have
_ -. e. . ___ _.- . crc arc-two separate Type 2 categories described as follows:
a. 2 A. Must meet height requirements of previous approval and is limited to 50 percent total
(cumulative) expansion of equipment area.
b. 2 B. Has greater height requirements than pr- . e_ _e e e _ _•- _ e - ..e - -
percent expansion of the equipment area.
3 categories described as follows:
a. 3 A. Monopoles that are 75 feet or less in height.
b. 3 B. Monopoles that are more than 75 feet in height or lattice towers of any height.
meet the definition of an EWCF and structure 4. ETMantennas anexistinq percent.outside
ancillary
18.31.100 Wireless communications facilities siting standards.
The following siting standards are intended to guide the location and development of wireless
communications facilities (WCF as defined by ACC 18.04.912 but not including microcells) on
properties regulated under this title. The siting of microcells shall be in accordance with siting of
microcells found in ACC 18.31.110.
Page 4 of 17
A. Types of Wireless Communication Facilities (WCFs). For the purposes of determining in which
zones wireless communications facilities are to be permitted, they will be classified pursuant to the
following types. Refer to the table in ACC 18.31.100(14L) to determine which zones allow for the
following types of facilities:
1. TYPE 1. Type 1 are new antennas erected on existing buildings or nonresidential structures.
- There are four separate Type 1 categories described as follows:
e a.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 zone in which the building is located.
f b. 1-B. The combined height of the antenna together with the height of the_existinck
building cannot be 50 percent greater than the existing building or exceed the height
limitation of the zone in which the building is located.
g-c.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 zone in which the building is located. The height limitation of the zone
can only be exceeded by 25 percent.
ka,d.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 percent with a conditional use permit. The height
limitation of the zone may be exceeded relative to the above provisions allowed for a
1-D facility.
2. 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:
G-a.2-A. Must meet height requirements of previous approval and is limited to 50 percent
total (cumulative) expansion of equipment area.
O,-b.2-B. Has greater height requirements than previous approval and allows for more
than a 50 percent expansion of the equipment area.
3. TYPE 3. Type 3 is the erection of new(primary) support structures. There are two-three
separate Type 3 categories described as follows:
tea.3-A. Monopoles that are 75 feet or less in height.
d-b.3-B. Monopoles that are more than 75 feet in height or lattice towers of any height.
Page 5 of 17
c. 3-C. Monopoles or lattice towers that meet the definition of an EWCF and are 185
feet or less in structure height.
4. TYPE 4. Type 4 are new antennas erected on existing EWCF (primary) support structures
that have previous city approvals. There is one Type 4 category, which is described as follows:
a. 4-A. Mounting of antennas cannot exceed the following thresholds:1
i. Increase the height of an existing primary support structure by 10 percent, or
20 feet (whichever is less).
ii. Add an appurtenance to the body of the tower that would protrude from the
outside edge of the tower more than 20 ft.
iii. Install more than four ancillary equipment facilities.
This section is intended to be interpreted consistent with 47 CFR 1.40001,as amended.
AB. 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.
&C. 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.
Page 6 of 17
2. Any application for a Type 3-B or 3-C facility shall include technical justification that an
existing Type 3-B or 3-C facility with a nonexclusive lease could not be used instead of
constructing a new tower.
CD. 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.
E. 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.
€F. Fencing and Landscaping.
1. Fencing. Fencing is required to enclose all above-ground support equipment that is
associated with primary support structures. Fencing will be 100 percent sight-obscuring, as
Page 7 of 17
defined in ACC 18.31.020(C)(2), if visible from a public right-of-way or less intense zone.
Equipment shelters and/or cabinets shall be enclosed by fencing a minimum of six feet in
height. Fencing shall meet the sight distance requirements of the city design and construction
standards.
2. Landscaping.
a. Where above-ground support equipment is visible from a public right-of-way, a
minimum width of five feet of Type II landscaping as defined in ACC 18.50.040 will be
provided on the exterior of the enclosing fence in order to effectively screen the equipment
from the public right-of-way. Landscaping shall meet the sight distance requirements of the
city design and construction standards.
b. Where facilities are visible from adjacent residential uses, a minimum width of five feet
of Type I landscaping as defined in ACC 18.50.040 will be provided on the exterior of the
enclosing fence in order to effectively screen the equipment from the adjacent residential
uses.
c. Existing on-site vegetation may be used to meet the landscape requirements if
approved by the planning director.
FG. Aesthetics.
1. In order to minimize any potential, negative aesthetic impacts from new primary support
structures including protecting views to and from residential neighborhoods, mitigation may be
required to blend the facilities in with the adjacent development or environs. Typical solutions for
the support structure might include: an extension of the building, a component of a sign
structure, disguising the facility as a tree, planting of tall trees, moving the location of the facility,
painting or texturing the facility, etc.
2. Building—or roof-mounted antennas will be painted or textured to blend with the adjacent
surfaces.
3. No lettering, symbols, images or trademarks large enough to be legible to occupants of
vehicular traffic on any adjacent street shall be placed on or affixed to any part of the WCF,
unless required by the FCC or FAA.
4. Except as specifically required by the FAA(but must be approved by the city), freestanding
primary support structures shall be painted a color that best allows them to blend into the
surroundings. The use of grays, blues and greens might be appropriate; however, each
application shall be evaluated individually.
GH. Lighting.
Page 8 of 17
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.
Il. 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.
Li. Noise. For the purposes of this section, WCF will be considered a Class B, commercial, noise
source pursuant to WAC 173-60-040.
4K. Supplemental Information Required for Applications. In addition to the information that is
otherwise required for an application for a permit for a WCF, the following is also required:
1. For a new primary support structure and related equipment, the applicant shall provide the
carrier's master network plan for the city showing the carrier's existing WCF locations and
narrative explaining the potential WCF locations over the next year, if known. The applicant
shall also provide technical justification supporting the need for the height of the primary support
structure and why a shorter support structure could not be utilized. Any application for a Type 3-
B facility shall provide technical justification as to why a Type 3-A facility could not be utilized
instead to adequately serve the Auburn community.
2. Narrative description of the facility including whether there is capacity on the proposed
structure for more antennas, methods for minimizing visual impacts of the facilities, etc.
3. A color swatch for the proposed primary support structure.
4. Photographs or similar illustrations that show a reasonable likeness of the proposed facility
including the antenna arrays and above-ground support equipment.
KL. Zones in Which WCF Are Permitted. The following table illustrates which zones the types of
facilities as defined by ACC 18.04.912(J) and 18.04.912(K) are allowed in and which permits are
Page 9 of 17
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
Permitted Administrative Conditional
Zone
Outright Use Permit Use Permit
All 1-D 1-D1 1-D2
Zones
RO-H 1-A 1-B 1-C
C-N 1-A 1-B 1-C
C-1 1-A 1-B 1-C
C-2, 1-A 1-B 1-C
DUC
C-3 1-B, 2-A 1-C, 2-B, 3-A 3-B
M-1, 1-B, 2-A 1-C, 2-B, 3-A 3-B
EP
M-2 1-B, 2-A 1-C, 2-B, 3-A 3-B
P-1 1-B, 2-A 1-C, 2-B 3-A3
1-A 1-B 1-C
3-C 4-A
LF 1-A 1-B 1-C
1 Allowance for the WCF to extend to a height of 20 percent of the supporting structure.
2 Allowance for the WCF to extend to a height of 30 percent of the supporting structure.
3 The maximum height allowed, including antennas, is 45 feet.
LK. Exemptions.
1. Unless otherwise provided for, the following are exempt from the provisions of this section:
a. Microcells as defined by ACC 18.04.912(G).
b. Mobile Testing Facilities/Equipment Used to Test Network Limitations. The
facilities/equipment shall not be at any one location for more than 14 days and shall
otherwise meet the requirements of any other ordinance, regulation or code provision.
2. EWCFs are The following is cxempt from the provisions of subsections A. of thio sectio
Separation between Facilities, B(1) Co-Location Requirements, C. Height(except C(4)). and D.
Setbacks, of this section .
Page 10 of 17
a. Emergency communication systems operated by a local public agency responsible for
providing emergency serviceswirelef communication facility (WCF).
Chapter 18.35
SPECIAL PURPOSE ZONES
Sections:
18.35.010 Purpose.
18.35.020 Intent of special purpose zones.
18.35.030 Uses.
18.35.040 Development standards.
18.35.050 Additional development standards for both the RO and R-OH zones.
18.35.010 Purpose.
This chapter lists the land uses that may be allowed within the residential office, residential office-
hospital, institutional, and public use zones established by ACC 18.02.070 (Establishment of zones),
determines the type of land use approval required for each use, and provides basic standards for
site layout and building size. (Ord. 6434§ 1,2012.)
18.35.020 Intent of special purpose zones.
A. General. This section describes the intent for each of the city's special purpose zones. These
intent statements may be used to guide the interpretation of the regulations associated with each
zone.
B. RO and RO-H Residential Office and Residential Office-Hospital Zone. The RO and RO-H are
intended primarily to accommodate small-scale business and professional offices, medical and
dental clinics, and banks and similar financial institutions at locations where they are compatible with
residential uses. Some retail and personal services may be permitted if supplemental to the other
uses allowed in the zone. This zone is intended for those areas that are in transition from residential
to commercial uses along arterials or near the hospital. Conversion of residential uses to commercial
uses is geared towards encouraging adaptive re-use of existing single-family structures that continue
to appear in accord with the single-family residential character. The RO-H designation is to be used
exclusively for the hospital area, located in the vicinity of 2nd Street NE and Auburn Avenue, and is
Page 11 of 17
intended to be used for medical and related uses and those uses compatible with the medical
community.
C. P-1 Public Use Zone. The P-1 zone is intended to provide for the appropriate location and
development of public uses that serve the cultural, educational, recreational, and public service
needs of the community.
D. /Institutional Zone. The I zone is intended to provide an area wherein educational,
governmental, theological, recreational, cultural and other public and quasi-public uses may be
allowed to develop. It is further intended these areas be significant in scope which will allow a
combination of uses which may not be permitted outright within other zones. This district is not
intended to include those smaller or singular public uses which are consistent with and permitted in
other zones.
E. OS Open Space Zone. The OS zone is intended to provide for land uses that tend to be
managed in a largely undeveloped character, including passive parks, watersheds, natural and
urban conservancy shoreline areas, significant wildlife habitats, large stormwater detention ponds or
floodplain ponds, utility corridors with public access, and areas with significant development
restrictions. Park lands included in the open space zone tend to be predominately passive in
character and with relatively fewer developed facilities than parks included in the institutional zone.
Private sites containing critical areas or shorelines may be included. (Ord. 6677§2, 2018; Ord. 6434§ 1,
2012.)
18.35.030 Uses.
A. General Permit Requirements. Table 18.35.030 identifies the uses of land allowed in each
special purpose zone and the planning permit required to establish each use.
B. Requirements for Certain Specific Land Uses. Where the last column in Table 18.35.030
("Standards for Specific Land Uses") includes a section number, the referenced section determines
other requirements and standards applicable to the use regardless of whether it is permitted outright
or requires an administrative or conditional use permit.
Table 18.35.030. Permitted, Administrative, Conditional and Prohibited Uses by Zone
Page 12 of 17
P—Permitted
C—Conditional
Permitted,Administrative, Conditional and Prohibited Uses by Zone
A—Administrative
X—Prohibited
Zoning Designations Standards for Specific
LAND USE
RO RO-H P-1 I OS Land Uses
MARIJUANA RELATED BUSINESSES
Marijuana processor X X X X X
Marijuana producer X X X X X 1
Marijuana researcher X X X X X
Marijuana retailer X X X X X
Marijuana transporter X X X X X
business
PUBLIC
Animal shelter, public X X P X X
Government facilities, A A P P C
this excludes offices
and related uses that
are permitted outright
Municipal parks and P P P P P
playgrounds
RECREATION, EDUCATION AND PUBLIC ASSEMBLY
Campgrounds X X X P P
Recreational vehicle X X X P X
parks, private
Cemetery, public X X P A X
Cemetery, private X X X A X
College, university, X X A A X
public
Commercial recreation X X X P X
facility—Indoor
Commercial recreation X X X A C ACC 18.57.025(A)
facility—Outdoor
Conference/convention X X X A X
facility
Library, museum X X P P A
Page 13 of 17
P—Permitted
C—Conditional
Permitted,Administrative, Conditional and Prohibited Uses by Zone
A—Administrative
X—Prohibited
Zoning Designations Standards for Specific
LAND USE
RO RO-H P-1 I OS Land Uses
Meeting facility, public A A P P A
or private
Private school— P P X P X
specialized
education/training(for
profit)
Public schools(K-12) X X P P X
and related facilities
Religious institutions, A P X P X
lot size less than one
acre
Religious institutions, C A X P X
lot size more than one
acre
Studio—Art, dance, P X X X X
martial arts, music, etc.
RESIDENTIAL
Duplex P1 X X A X
Home occupation P P X P P Chapter.1,8 60 ACC
Live/work,work/live A P X A X
unit
Marijuana cooperative X X X X X
Multiple-family P2 A3 X A X
dwellings, stand-alone
One detached single- P X X X P5
family dwelling
Nursing home, A A X P X
assisted living facility
Senior housing A A X A X
RETAIL
Restaurant, cafe, A A P A X
coffee shop, excluding
drive-through facilities
Page 14 of 17
P—Permitted
C—Conditional
Permitted,Administrative, Conditional and Prohibited Uses by Zone
A—Administrative
X—Prohibited
Zoning Designations Standards for Specific
LAND USE
RO RO-H P-1 I OS Land Uses
SERVICES
Banking and related P P X X X
financial institutions,
excluding drive-
through facilities4
Daycare, including A P X P A
mini daycare, daycare
center, preschools or
nursery schools
Home-based daycare P P X P P
Medical services— P P X X X
Clinic or urgent care'
Mortuary, funeral X P X X X
home, crematorium
Professional offices P P X A A
Personal service P P X X X
shops
Pharmacies X P X X X
TRANSPORTATION, COMMUNICATIONS AND INFRASTRUCTURE
Utility facilities, X X X X A See ACC 18.02.040(E)
substations, utility
transmission or
distribution line
Emergency wireless Y. X See ACC 18.04.912 and
community facility 18.31.100
(EWCF)
OTHER USES THAT ARE NOT LISTED
Other uses may be P P P P P
permitted by the
planning director or
designee if the use is
determined to be
consistent with the
intent of the zone and
Page 15 of 17
P—Permitted
C—Conditional
Permitted,Administrative,Conditional and Prohibited Uses by Zone
A—Administrative
X—Prohibited
Zoning Designations Standards for Specific
LAND USE
RO RO-H P-1 I OS Land Uses
is of the same general
character of the uses
permitted
Notes:
1 Duplexes, 3,600 square feet of lot area per dwelling unit is required.
2 Multifamily dwellings; provided,that 2,400 square feet of lot area is provided for each dwelling unit.
3 Multifamily dwellings; provided 1,200 square feet of lot area is provided for each dwelling unit.
4 Permitted within a Public College or University as an Amenity or Service Provided to Students: A stand-
alone bank or medical services/clinic is not permitted.
5 One single-family detached dwelling unit per existing legal lot. No residential subdivisions permitted in the open
space zone.
(Ord.6677§3, 2018; Ord. 6642§ 11, 2017; Ord. 6434§ 1, 2012.)
18.35.040 Development standards.
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 requirements
in Table 18.35.040 (RO, RO-H, P-1, I Zone Development Standards) and in compliance with the
provisions of this title, and then only after securing all permits and approvals required hereby. These
standards may be modified through either an administrative variance or variance, subject to the
procedures of Chapter 18.70 ACC.
Table 18.35.040. RO, RO-H, P-1, I, OS Zone Development Standards
Requirement by Zones
Development Feature RO RO-H P-1 I OS
Residential Residential
Office Office-Hospital Public Use Institutional Open Space
Minimum lot area 7,200 sf None None 6,000 sf None
Page 16 of 17
Requirement by Zones
Development Feature RO RO-H 10-1 I OS
Residential Residential
Public Use Institutional Open Space
Office Office-Hospital
Minimum lot width, 50 ft, 80 ft None None 60 ft. 80 ft None
depth
Maximum lot coverage 55 percent(1) None None 35 percent 5 percent
Maximum impervious NA NA NA NA 20 percent(7)
area
Minimum setbacks required for primary structures. See ACC 18.31.070 for exceptions to
Setbacks
these requirements.
Front 20 ft(2) 10 ft 20 ft 20 ft 20 ft
Side—Interior 5 ft None 5 ft(4) 5 ft 5 ft
Side—Corner 10 ft 10 ft 10 ft 10 ft 10 ft
Rear 25ft(3) None 25ft 25ft 25 ft
See note(5) NA NA See note(5)
Accessory structure(s)
below below
Maximum allowable height of structures. See ACC 18.31.030(Height limitations—
Height limit
Exceptions) for height limit exceptions.
Maximum height 35 ft 65 ft 45 ft 45 ft(6) 35 ft
Fences and hedges See Chapter 18.31 ACC
Landscaping See Chapter 18.50 ACC
Parking See Chapter 18.52 ACC
Signs See Chapter 18.56 ACC
Lighting See Chapter 18.55 ACC
Nonconforming See Chapter 18.54 ACC
structures, land and
uses
Notes:
1 New single-family residential or conversions of single-family residences to commercial uses with additions greater
than a total or cumulative area of 200 square feet on the property since the adoption of Ordinance No. -323',then
the maximum lot coverage is 35 percent.
2 New single-family residential or conversions of single-family residences to commercial uses with additions of 200
square feet or less, then the front yard setback is 10 feet.
3 New single-family residential or conversions of single-family residences to commercial uses with additions of 200
square feet or less, then the rear yard setback is 15 feet.
4 A 25-foot setback is required when adjacent to a residential zone.
Page 17 of 17
5 Accessory structures shall meet all the required setbacks of the zone with the exception that the rear yard setback
may be reduced to five feet; provided, that any structure with a vehicle entrance from a street(public or private)or
public alley shall be set back a minimum of 20 feet.
6 Maximum building height for residential dwellings: 30 feet.Accessory buildings to residential dwellings: 16 feet.
7 Maximum impervious area includes all hard surfaces per ACC 13.48.010(J).
(Ord.6677§4, 2018; Ord. 6434§ 1, 2012.)
18.35.050 Additional development standards for both the RO and RO-H zones.
A. All uses shall be conducted entirely within an enclosed structure, except noncommercial
municipal automobile parking facilities in the RO-H zone.
B. There shall be no outside storage of materials allowed.
C. Refuse cans, containers or dumpsters shall be screened from the view of adjoining properties.
D. No on-site hazardous substance processing and handling, or hazardous waste treatment and
storage facilities, shall be permitted, unless clearly incidental and secondary to a permitted use. On-
site hazardous waste treatment and storage facilities shall be subject to the state siting criteria
(Chapter 70.105 RCW).
E. Any new construction, including additions and alterations, within the RO district shall utilize
similar bulk, scale, and architectural and landscape elements of the existing site structure or those of
the neighborhood in which the property is located. A site plan and building elevation plans shall be
prepared by the applicant which address compliance with the requirements as outlined in this
subsection. The plans shall be approved by the planning director or designee prior to the issuance of
any building permits.
The planning director and the public works director or designees may deviate from the development
standards under ACC 18.35.040 up to 10 percent, for example, reduce rear yard setback by one and
one-half feet, to address unusual circumstances for conversions of single-family residential uses to
nonresidential uses. (Ord. 6434§ 1, 2012.)