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HomeMy WebLinkAbout5550ORDINANCE NO. 5550 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON AMENDING AUBURN CITY CODE CHAPTER 18.04 ENTITLED "DEFINITIONS" BY ADDING A NEW SECTION 18.04.792 ENTITLED "RELIGIOUS INSTITUTION" CONTAINED IN TITLE 18 ENTITLED "ZONING" TO REFLECT CHANGES APPROVED BY THE CITY COUNCIL IN APPROVING THE AUBURN DOWNTOWN PLAN. WHEREAS, in RCW 35A.11.020 entitled "Powers vested in legislative bodies of noncharter and charter code cities," the Council of the City of Auburn has been provided the power to regulate its local municipal affairs appropriate to good government of the city; and WHEREAS, Chapter 35A.63 RCW entitled "Planning and zoning in Code Cities" and RCW 35A.63.100 entitled "Municipal Authority" provides authority to the municipal legislative authority to implement those actions it deems appropriate to provide for a zoning ordinance and amendments thereto; and WHEREAS, the City of Auburn has been preparing an Auburn Downtown Plan since 1997 with substantial citizen involvement; and WHEREAS, the Auburn Downtown Plan identifies the need to promote the revitalization of Downtown Auburn and incorporates policies and implementation strategies to address this need; and WHEREAS, with the Auburn City Council's adoption of the Auburn Downtown Plan it is appropriate to adopt development regulations to implement the policies and strategies of the Auburn Downtown Plan; and WHEREAS, the City now desires to amend Auburn City Code Chapter 18.04 entitled "Definitions' by adding a new section 18.04.792 entitled "Religious Institution" contained in Title 18 entitled "Zoning" to reflect changes approved in the Auburn Downtown Plan. WHEREAS, the proposed zoning code text amendments were transmitted to the Auburn City Planning Commission in February, 2001; and Ordinance No. 5550 May 21, 2001 Page 1 WHEREAS, pursuant to Auburn City Code 18.68.030, after proper notice was published in the City's official newspaper at least ten (10) days prior to the date of hearing, the Auburn City Planning Commission on March 6, 2001 conducted a public hearing on the proposed zoning code text amendments; and WHEREAS, at said hearing, the Auburn City Planning Commission heard public testimony and took evidence and exhibits into consideration of said proposed amendment; and WHEREAS, thereafter the Auburn City Planning Commission then recommended approval of the zoning code text amendment to the City Council; and WHEREAS, after proper notice was published in the City's official newspaper at least ten (10) days prior to the date of hearing, the Auburn City Council, on May 7, 2001, conducted a public hearing on the proposed amendment; and WHEREAS, at said hearing, the Auburn City Council heard public testimony and took evidence and exhibits into consideration of said proposed amendment; and WHEREAS, thereafter the Auburn City Council directed staff to prepare an ordinance approving the proposed text amendment; and WHEREAS, the proposed text amendment to the Auburn zoning code was received by the Washington State Office of Community Development on February 1, 2001 for the purposes of the State agency 60 -day review process required under RCW 36.70A.106 and that process is complete; and WHEREAS, this ordinance does not have an adverse environmental effect; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Adoption. Auburn City Code Chapter 18.04 "Definitions" is hereby amended by adding a new section 18.04.792 entitled "Religious Institution" as set forth in Exhibit "A" attached hereto and incorporated by this reference. Section 2. Severability. If any section, subsection, clause, phrase or sentence of Ordinance No. 5550 May 21, 2001 Page 2 Section 2. Severability. If any section, subsection, clause, phrase or sentence of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance, as it is being expressly declared that this Ordinance and each section, subsection, clause, phrase or sentence hereof would have been prepared, adopted and approved and ratified irrespective of the fact that any one or more section, subsection clause, phrase or sentence be declared invalid or unconstitutional. Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. 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. INTRODUCED May 21, 2001 PASSED: May 21, 2001 APPROVED: May 21, 2001 0"'6" a t'.�o� CHARLES A. BOOTH MAYOR Ordinance No. 5550 May 21, 2001 Page 3 ATTEST: Danielle E. Daskam, City Clerk Michael J. Reynolds, City Attorney Ordinance No. 5550 May 21, 2001 Page 4 Chapter 18.04 DEFINITIONS Sections: 18.04.010 General definitions. 18.04.018 Accessory dwelling unit. 18.04.020 Accessory use. 18.04.022 Adult book and video establishment. 18.04.023 Solid waste. 18.04.024 Adult entertainment establishment. 18.04.025 Solid waste processing facility. 18.04.027 Adult entertainment. 18.04.030 Adult motion picture theater. 18.04.032 Adult uses. 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. 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. 18.04.180 Boardinghouse. 18.04.185 Brew pub. 18.04.190 Building. 18.04.200 Building height. 18.04.210 Building, main. 18.04.220 Building official. 18.04.230 Building site. 18.04.240 Commercial use. 18.04.250 Comprehensive plan. 18.04.260 Conditional use. 18.04.270 Conforming use. 18.04.280 Contract rezone. 18.04.285 Dangerous waste. 18.04.290 Daycare center, nursery school, preschool. 18.04.295 Designated facility zone. 18.04.300 Density. 18.04.310 Development standards. 18.04.320 District. 18.04.330 Dwelling. Ordinance 5550 Exhibit A Consit'of ?hrouah oaaes 1 24 18.04.340 Dwellings, types of. 18.04.350 Dwelling unit. 18.04.355 Extremely hazardous waste. 18.04.360 Family. 18.04.370 Fence. 18.04.380 Floor area. 18.04.390 Foster home. 18.04.400 Garage or carport, residential. 18.04.410 Garage, commercial. 18.04.420 Grade. 18.04.430 Gross floor area. 18.04.440 Group residence facility. 18.04.450 Guest cottage. 18.04.452 Hazardous material. 18.04.453 Hazardous substance. 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. 18.04.459 Hazardous waste treatment and storage facility, on-site. 18.04.460 Home occupation. 18.04.470 Hospital. 18.04.480 Hospital or clinic, small animal. 18.04.490 Hotel. 18.04.500 Junkyard. 18.04.510 Kennel. 18.04.515 Kitchen. 18.04.520 Landscaping. 18.04.522 Lea Hill area. 18.04.530 Lot. 18.04.540 Lot area. 18.04.550 Lot coverage. 18.04.560 Lot dimensions. 18.04.570 Lot lines. 18.04.580 Lot of record. 18.04.590 Lottypes. 18.04.600 Manufactured home. 18.04.610 Manufactured home park. 18.04.620 Medical -dental clinic. 18.04.630 Mobile home. 18.04.640 Motel. 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 Panoram or peepshow. 18.04.680 Parking area. 18.04.690 Parking space or stall. 18.04.700 Person. 18.04.710 Personal service shop. 18.04.720 Pets, common household. 18.04.730 Planning commission. 18.04.740 Planning director. 18.04.744 Prerelease facility. 18.04.750 Professional offices. 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. 18.04.800 Residence. 18.04.805 Restaurant, full-service. 18.04.810 Shopping center. 18.04.820 Sign. 18.04.830 Specified anatomical areas. 18.04.840 Specified sexual activities. 18.04.850 Spot zoning. 18.04.860 Story. 18.04.870 Street, private. 18.04.880 Street, public. 18.04.890 Structure. 18.04.895 Tavern. 18.04.900 Use. 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 self-contained residential unit that is accessory to a single-family home. An accessory dwelling unit cannot be a separate freestanding structure but must be part of the single-family home or an accessory structure otherwise allowed by the applicable zoning district. An accessory dwelling unit 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. (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 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. (Ord. 4229 § 2, 1987.) 18.04.022 Adult book and video establishment. "Adult book and video establishment" means a commercial establishment that has 20 percent or more of the value of all its stock in trade, consisting of books, magazines, periodicals or other printed matter; and/or photographs, films, motion pictures, video cassettes, slides, or other visual representations that are characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" as defined by ACC 18.04 Rin and 1 R n4 Ron HIM aaRo R 1 loan � 18.04.023 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.) 18.04.024 Adult entertainment establishment. "Adult entertainment establishment" means any panoram or peepshow, or business or commercial premises to which any member of the public is invited or admitted and where a performer provides live adult entertainment to any member of the public. (Ord. 4885 § 2, 1996; Ord. 4469 § 1, 1990.) 18.04.025 Solid waste processing facility. "Solid waste processing facility" means the management, collection, 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 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.) 18.04.027 Adult entertainment. "Adult entertainment" means: 1. Any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance, or dance involves a person who is unclothed or in such costume, attire, or clothing as to expose any portions of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or wearing any device or covering exposed to view which simulates the appearance of any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid stage, even if completely and opaquely covered; or 2. Any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on the depiction, description, simulation or relation to the following specified sexual activities: a. Human genitals in a state of sexual stimulation or arousal, b. Acts of human masturbation, sexual intercourse or sodomy, or c. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast; or 3. Any exhibition, performance or dance intended to sexually stimulate any patron and conducted in a premises where such exhibition, performance or dance is performed for, arranged with, or engaged in with fewer than all patrons on the premises at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance. For purposes of example and not limitation, such exhibitions, performances or dances are commonly referred to as table dancing, couch dancing, taxi dancing or straddle dancing. (Ord. 4885 § 1, 1996.) 18.04.030 Adult motion picture theater. "Adult motion picture theater" means an enclosed building or outdoor drive-in theaters used for presenting motion picture films, video cassettes, cable television, or any other such visual media, distinguished or characterized by an emphasis on matter depicting, describing or relating to "specific sexual activities" or "specified anatomical areas," as defined in ACC 18.04.830 and 18.04.840 respectively, for observation by patrons therein. (Ord. 4469 § 1, 1990; Ord. 4229 § 2, 1987.) 18.04.032 Adult uses. "Adult uses" means any adult entertainment establishment, panoram or peepshow and adult motion picture theater as defined herein. (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 right-of-way which affords a secondary public means of vehicular access to abutting property and which is not intended for general traffic circulation. (Ord 4229 § 2, 1987.) 18.04.100 Amusement device, mechanical. "Mechanical amusement device" means any machine which, upon the insertion of a coin, slug, token, plate or disk, 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. (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.) 18.04.130 Automobile repair. "Automobile repair" includes fixing, incidental body or fender work, painting, and upholstering, engine tune-up, adjusting lights, 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 having 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.) 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.) 18.04.180 Boardinghouse. "Boardinghouse" means any dwelling in which more than three 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.) 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.) 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. (Ord. 4229 § 2, 1987.) 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 Building official. 'Building official' means the city employee or designee charged with the enforcement of this title. (Ord. 4229 § 2, 1987.) 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.) 18.04.240 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.) 18.04.250 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.) 18.04.260 Conditional use. "Conditional use" means a use permitted in a zoning district only after review and approval by the hearing examiner, planning commission, city council, or planning director. Conditional uses are such that they may be compatible only on certain conditions in specific locations in a zoning district, or if the site is regulated in a certain manner in order to achieve the purposes of this title. (Ord. 4229 § 2, 1987.) 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 Contract rezone. "Contract rezone" means an agreement between the city and a property owner which implements a rezone by outlining conditions and other obligations. A contract rezone must demonstrate a general public benefit, must run with the land and be binding upon the owner and his heirs, assigns and successors. A contract rezone cannot be inconsistent with the comprehensive plan. (Ord. 4229 § 2, 1987.) 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: 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. Home based daycare is allowed in any home regardless of its zoning classification. 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 which provides regular custodial care for 12 or more children, for periods of less than 24 hours. E. "Preschool/nursery school" means a place 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 a zoning district 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" means the number of units within a specified area calculated by dividing the total number of square feet of the area by the number of dwelling units in the area. (Ord. 4229 § 2, 1987.) 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 District. "District" means a portion of the territory of the city within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this title. (Ord. 4229 § 2, 1987.) 18.04.330 Dwelling. "Dwelling" means a building designed exclusively for residential purposes, including one -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: A. Dwelling, One -Family. "One -family dwelling" means a detached building designed exclusively for occupancy by one family and containing one dwelling unit. A manufactured home may be considered a one -family dwelling if sited per ACC 18.48.050. 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. C. Dwelling, Multiple Family. "Multiple family dwelling" means a building designed exclusively 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 and containing one dwelling unit, 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 walls. (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 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, or two or more persons customarily living together as a single housekeeping unit and using common cooking facilities, as distinguished from a group occupying a hotel, club, boardinghouse or lodginghouse. (Ord. 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.) 18.04.380 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 home. "Foster 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.) 18.04.420 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.) 18.04.430 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 medication 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 dwelling without any kitchen facilities designed for and used to house transient visitors or nonpaying guests of the occupants of the main building. (Ord. 4229 § 2, 1987.) 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 Uniform Fire Code, as amended; and the Auburn Fire Department 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.) 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.) 18.04.470 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 and services in surgery, obstetrics and general medical practice. (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. (Ord. 4304 § 1(3), 1988; Ord. 4229 § 2, 1987.) 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. (Ord. 4229 § 2, 1987.) 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 a permanent 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 Lea Hill area. "Lea Hill area" means that area that lies east of the Green River and is within the city's potential annexation area (PAA) as illustrated in the city's comprehensive plan and may either be unincorporated King County or within the corporate boundaries of the city of Auburn. (Ord. 5354 § 2, 2000.) 18.04.530 Lot. "Lot" means a parcel of land. "Lot" also means a legal lot for building purposes which shall be of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are required in this title. Such lot shall have access to an improved public street, or to an approved private street, and may consist of: A. A single lot of record; B. A portion of a lot of record; C. A combination of complete lots of record, and portions of lots of record, if more than one lot is used for a building site then a lot line adjustment shall be processed to remove the interior lot lines; D. A parcel of land described by metes and bounds; provided, that in no case shall the division or combination of any residual lot or parcel be created which does not meet the requirements of this code. Lots created by the 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. (Ord. 5170 § 1, 1998; Ord. 4229 § 2, 1987.) 18.04.540 Lot area. "Lot area" means the total horizontal area within the boundary lines of a lot. (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 from 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. (Ord. 4705 § 2, 1994; Ord. 4229 § 2, 1987.) 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. B. "Lot width" means the horizontal distance between 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. (Ord. 4229 § 2, 1987.) 18.04.570 Lot lines. "Lot lines" means the lines bounding the lot. 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(s) which abuts a designated arterial. If neither or both is/are a designated arterial, the builder/owner shall at the time of applying for a permit have the option of selecting which lot line shall be the front lot line, the other line lot abutting the intersecting street shall become a street side yard. 3. For a through lot, both lot lines which abut a street right-of-way shall be considered the front lot line, either of which may be considered a rear lot line for the purposes of calculating the lot width and depth, only. 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. 4503 § 1, 1991; Ord. 4229 § 2, 1987). 18.04.580 Lot of record. "Lot of record" means a lot which is recorded in the offices of King County or Pierce County and in conformance with this title and the land division ordinance. (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 maximum length of the panhandle access shall be 100 feet, with the exception of panhandle lots in the R -R (rural residential) zone, then there shall be no maximum length. 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. (Ord. 4503 § 1, 1991; Ord. 4229 § 2, 1987.) 18.04.600 Manufactured home. "Manufactured home" means a structure, transportable in one or more sections from its manufacturer, retailer, or wholesaler, to its destination. A manufactured home is designed primarily for residential occupancy by human beings and the term includes mobile home or modular home. This definition does not include a recreational vehicle as defined by ACC 18.04.780. (Ord. 4350 § 2, 1989; Ord. 4229 § 2, 1987.) 18.04.610 Manufactured home park. "Manufactured home park" means an area of not less than five acres designed to accommodate manufactured homes. (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 recreational vehicle as defined by ACC 18.04.780. (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.) 18.04.650 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 district 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.) 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. (Ord. 4304 § 1(5), 1988; Ord. 4229 § 2, 1987.) 18.04.670 Occupancy. "Occupancy" means the purpose for which a building 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. "Panoram or peepshow" shall mean any device which, upon the insertion of a coin or by any other means of payment, including membership fee or other charge, exhibits or displays a picture or view by film, video or other means, including observation of live performances depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined in ACC 18.04.830 and 18.04.840. (Ord. 4885 § 4, 1996.) 18.04.680 Parking area. "Parking area" includes the parking space together with driveways and the access to a public street. (Ord. 4229 § 2, 1987.) 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.) 18.04.700 Person. "Person" means natural person, joint venture, joint stock company, partnership, association, club, 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.) 18.04.720 Pets, common household. "Common household pets" means a domesticated animal of ordinary species that lives, is commonly known to be capable of living, within the confines of a residence. Animals not considered to be common household pets include but are not necessarily limited to the following: horses, cows, goats, sheep, swine, donkeys, and any endangered or exotic species. (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 person designated by the mayor as the director of the city department of planning and community development or his designee. (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.) 18.04.750 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.) 18.04.760 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.) 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 Sunday school rooms daycare classrooms kitchen library room or reading room recreation hall or offices are permitted in the are 1) facilities for training of religious orders 2) non employee rooms for rent boarding rooms or similar facilities or 3) public showers or other public health services. 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.) 18.04.805 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 the food. A full-service restaurant may have a separate lounge where the primary function is the sale, serving and consumption of alcoholic beverages. However, the size of the lounge cannot exceed 30 percent of the gross floor area of the restaurant and lounge combined. 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.) 18.04.810 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.) 18.04.830 Specified anatomical areas. "Specified anatomical areas" means: A. Less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (Ord. 4229 § 2, 1987.) 18.04.840 Specified sexual activities. "Specified sexual activities" means: A. Human genitals in a state of sexual stimulation or arousal; B. Acts of human masturbation, sexual intercourse or sodomy; C. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast. (Ord. 4229 § 2, 1987.) 18.04.850 Spot zoning. "Spot zoning" means zoning a relatively small area differently from the zoning of the surrounding area, usually for an incompatible use not consistent with the comprehensive plan. (Ord. 4229 § 2, 1987.) 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 easement, tract or street which is not a public street. For the purposes of this title a private street will be considered as being public streets for determining setback provisions, only. Driveways which are not part of an easement, tract or street shall not be considered a street. (Ord. 4229 § 2, 1987.) 18.04.880 Street, public. "Public street" means and includes all streets, highways, freeways, avenues, lanes, alleys, courts, places or other public ways in the city, whether improved or unimproved, held in public ownership and intended to be open as a matter of right to public vehicular travel. (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.) 18.04.895 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.) 18.04.900 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.) 18.04.910 Variance. "Variance" means an adjustment in the application of the specific regulations of 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: An antenna including, but not limited to, test mobile antennas and global positioning (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. G. "Microcells" are typically located in and exclusively benefit residential neighborhoods. 1. 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. 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 and shall provide landscaping or fencing or a combination of these or similar features. 3. There shall be a 300 -foot separation between any microcell. 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 an utility provider operating with an appropriate franchise. Other similar utility poles may be used if approved by the city engineer. The equipment cabinets may either be located within the street right-of-way in areas typically set aside for utilities such as power and cable TV or on private property. 5. Anyone wishing to establish a microcell shall make application to the city engineer upon application forms provided by the city engineer. The city engineer shall review each application and may be empowered to approve, deny or modify the proposal. H. "Separation" means minimum distance required between primary support structures. I. "Support structure' means the structure to which antennas and other necessary associated hardware are attached. Support structures include but are not limited to the following: 1. Lattice tower: A structure of various 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, 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. For the purposes of determining which zoning districts wireless communications facilities are to be permitted they will be classified pursuant to the following types. Refer to the table in ACC 18.48.100(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 zoning district in which the building is located. 1-13. 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 zoning district in which the building is located in. 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 zoning district in which the building is located. The height limitation of the zoning district can only be exceeded by 25 percent. 1-D. Antennas located on existing water towers or similar public utility infrastructure. The height limitation of the WCF will be 10 percent of the existing structure height, but may be increased to a maximum of 30 percent with a conditional use permit. 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 of previous approval and allows for more than a 50 percent expansion of the equipment area. TYPE 3. Type 3 is the erection of new (primary) support structures. There are two separate Type 3 categories described as follows: 3-A. Monopoles that are 75 feet or less in height. 3-B. Monopoles that are 75 feet or more in height or lattice towers of any height. (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" means an open space, other than a court on a lot, unoccupied and obstructed from the ground upward unless specifically otherwise permitted in this title. When applicable, yards shall be measured from the street right-of-way whether improved or not. (Ord. 4229 § 2, 1987.) 18.04.930 Yard, front. "Front yard" means an open space extending the full width of the lot, between a building and the front lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this title. (Ord. 4229 § 2, 1987.) 18.04.940 Yard, rear. "Rear yard" means an open space on the same line with the building between the rear line of the building and the rear line of the lot including the full width of the lot to its side lines. (Ord. 4229 § 2, 1987.) 18.04.950 Yard, side. "Side yard" means an open space on the same lot with the building between the side wall line of the building and the side line of the lot and extending from front yard to rear yard. No portion of a structure shall project into any side yard unless permitted elsewhere in this title. (Ord. 4229 § 2, 1987.) 18.04.960 Zone. "Zone" means an area accurately defined as to boundaries and location on an official map and within such area only certain types of land uses are permitted, and other types of land uses are excluded, as set forth in this title. (Ord. 4229 § 2, 1987.)