HomeMy WebLinkAbout10-02-2012 Agenda Packet (2)
The City of Auburn Planning Commission is an eight member advisory body that provides recommendations to the
Auburn City Council on the preparation of and amendments to land use plans and related codes such as zoning.
Planning Commissioners are appointed by the Mayor and confirmed by the City Council.
Actions taken by the Planning Commission are not final decisions; they are in the form of recommendations to the
City Council who must ultimately make the final decision.
PLANNING COMMISSION MEETING
October 2, 2012
SPECIAL WORK SESSION AND MEETING AGENDA
SPECIAL WORK SESSION – 6:30 - 7:00 p.m., Council Chambers
I. ZOA12-0007 – Proposed amendments to Title 18 - Zoning, of the Auburn City Code
related to non-residential zones (Code Update Project – Phase 2 - Group 2)
Staff Planner: Stuart Wagner, Planner
Summary: Review of proposed amendments to Title 18 – Zoning, of the Auburn City Code
related to non-residential zones.
II. ADJOURNMENT
REGULAR MEETING – 7:00 p.m., Council Chambers
I. CALL TO ORDER
II. APPROVAL OF MINUTES
A. September 5, 2012
III. PUBLIC COMMENT
Comment from the audience on any item not listed on the agenda for discussion or public
hearing.
IV. PLANNING DEPARTMENT REPORT
Update on Planning and Development Department activities.
V. PUBLIC HEARINGS
A. ZOA12-0007 – Proposed amendments to Title 18 – Zoning, of the Auburn City Code
related to non-residential zones (Code Update Project – Phase 2 – Group 2)*
(Wagner)
Summary: Review of proposed amendments to Title 18 – Zoning, of the Auburn City
Code related to non-residential zones.
VI. OTHER BUSINESS
A. Wireless Aesthetics Code Update Discussion* (Taylor)
Summary: Discuss potential code updates to address aesthetic design for wireless
communication facilities.
VII. ADJOURNMENT
Memorandum
To: Judi Roland, Chair, Planning Commission
Kevin Chapman, Vice Chair, Planning Commission
Planning Commission Members
From: Stuart Wagner, AICP, Planner
Planning and Development Department
CC: Kevin Snyder, AICP, Planning and Development Director
Elizabeth Chamberlain, AICP, Planning Manager
Date: September 21, 2012
Re: Special Meeting - Code Update Project – Phase II– 2nd Grouping
Third review of new code sections for non-residential zones
Background
On September 5, 2012 staff presented the Code Update Project Phase 2, Group 2 zoning code
text amendments to the Planning Commission. At that meeting the Planning Commission went
over the new definitions and Chapters that would be added to Title 18 – Zoning. Following the
review of the proposed amendments, the Commissioners had several suggestions to staff. Staff
has taken those suggestions and modified the proposed text amendments in the following
manner:
Discussion
Chapter 18.04 – Definitions
The definitions for “building contractor services” and “construction contractor services” were too
similar to one another. In order to bring clarity to these businesses staff is proposing to change
them to:
18.04.194 Building contractor, heavy.
“Building contractor, heavy” means businesses relating to the heavy construction trades including
but not limited to; excavation work, highway and street construction; heavy construction, masonry
and concrete work and water well drilling. These types of businesses generally have heavy
equipment that may be stored outside.
18.04.195 Building contractor, light.
“Building contractor, light” means businesses relating to the building trades including but not
limited to: plumbing, heating, air conditioning; painting, paperhanging and decorating; electrical;
carpentry and flooring; roofing and sheet metal.
This change is also reflected in the land use table for Commercial and Industrial Zones:
Table 18.23.030 Permitted, Administrative, Conditional and Prohibited Uses by Zone
Chapter 18.57 – Standards for Specific Land Uses
The supplemental standards for “commercial recreational facilities, outdoor” particularly the
standard requiring a facility be setback three hundred (300) feet from an existing residential
zone, use or structure may be overly restrictive. It’s possible that some outdoor recreational
facilities might not generate excessive noise or impact adjacent residences/uses in a negative
way. Reduced setbacks are now possible by the planning director if an acoustic study shows
the facility would not exceed maximum noise levels allowed by the Washington Administrative
Code (WAC). For those facilities that could have or create a greater noise exposure (i.e. race
tracks) staff has added a provision where the planning director may require an acoustic study
and impose greater setbacks and mitigation measures.
18.57.025 Recreation, Education and Public Assembly.
A. Commercial recreation facility, outdoor
1. All Zones where permitted
a. Facility shall not be located within three hundred (300) feet of an existing residential
zone. The planning director may allow a reduction in this setback, not to exceed a
minimum setback of 50 feet, after review of an acoustic study completed by a licensed
professional showing that the facility would not exceed maximum noise levels permissible
in identified environments as determined by Chapter 173-60 WAC, as amended.
b. The planning director may require an acoustic study for any proposed facility which could
have or create a noise exposure greater than that deemed acceptable. Upon review of
the study, increased setbacks, noise avoidance or mitigation measures may be imposed.
c. Outdoor speakers and sound amplification shall not be permitted for uses immediately
next to residential uses.
d. Access to such facilities shall be from a public arterial or collector road as defined on the
currently adopted City of Auburn Street Functional Classification Map.
Regarding the 15-feet height limitation on stored building supplies and landscaping materials for
“building and landscape material sales” land uses, staff has built in some flexibility by allowing
increased heights (up to 22 ½ feet) through an administrative variance.
18.57.035 Retail.
A. Building and landscape materials sales
1. All Zones where permitted
Permitted, Administrative, Conditional and Prohibited Uses by Zone P - Permitted
A – Administrative
C - Conditional
X - Prohibited
LAND USE Zoning Designation Standards for
Specific Land Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2
INDUSTRIAL, MANUFACTURING AND PROCESSING, WHOLESALING
Building contractor, light X X X P X P X P
Construction contractor,
heavy
X X X X X A X P
a. Landscape materials displayed outdoors are limited to plants, soils, gravel, and fertilizer.
No soil mixing is allowed.
b. Stored materials other than landscape plant materials shall be completely screened by
walls or buildings and shall not protrude above the height of the enclosing walls or
buildings or be visible from a public right-of-way or adjacent residential zone or use and
shall not be located in any of the required setbacks.
c. Stored building supplies and landscaping materials shall be limited to 15 feet in height.
The planning director may authorize an increase in height, up to 50 percent, through an
administrative variance, subject to the procedures of Chapter 18.70.015 (A)(2)
Staff also made the following change to the section on fueling stations to bring clarity to the type
of canopies that are being regulated:
18.57.050 Vehicle Sales and Services.
C. Fueling station
1. Other Zones where permitted
a. Fueling station canopies shall not exceed 20 feet in height or the height of the principal
building, whichever is less;
b. Canopies shall be architecturally integrated with the principal building and all other
accessory structures on the site through the use of the same or compatible materials,
colors, and roof pitch.
c. Any lighting fixtures or sources of light that are a part of the underside of the canopy shall
be recessed into the underside of the canopy so as not to protrude below the canopy
ceiling surface more than 2 inches.
d. All surfaces for exterior building façades or canopies shall be finished to match the
surfaces of the principal structure.
Lastly, the text amendments related to the Hearing Examiner will not be apart of the public
hearing on October 2, 2012. Additional edits to this section of code are needed. It is likely that
another work session on these amendments will be needed ahead of a public hearing.
Conclusion
In anticipation of the Planning Commission conducting a public hearing on the proposed zoning
code text amendments, staff would like to take this opportunity to discuss the proposed code
changes.
1. Does the Planning Commission have additional questions or comments about the new code
sections being proposed?
DRAFT
PLANNING COMMISSION
September 5, 2012
MINUTES
I. CALL TO ORDER
Chair Judi Roland called the meeting to order at 7:00 p.m. in the Council Chambers
located on the first floor of Auburn City Hall, 25 West Main Street, Auburn, WA.
Commission Members present were: Chair Judi Roland, Vice Chair Kevin Chapman,
Commissioner Copple, Commissioner Mason, Commissioner Peace, Commissioner
Baggett, Commissioner Trout and Commissioner Ramey.
Staff present included: Planning Manager Elizabeth Chamberlain, Principal Planner Jeff
Dixon, Planner Stuart Wagner, Financial Analyst Consuelo Rogel, and Planning and
Development Support Clerk Bobbie Hodgkinson.
Audience Members Present: Christopher Cushing, Scout Master with B.S.A. Troop 401,
and sons Joseph and Tyler.
II. AP PROVAL OF MINUTES
A. August 21, 2012
Commissioner Trout moved and Commissioner Peace seconded to approve the minutes
from the August 21, 2012 meeting.
MOTION CARRIED UNANIMOUSLY 8-0
III. PUBLIC COMMENT
None provided during this portion of the meeting.
IV. PLANNING DEPARTMENT REPORT
Planning Manager Elizabeth Chamberlain stated that since updating the Commission
two weeks ago on recent activities, nothing has changed. In response to questions from
the Commission, Ms. Chamberlain confirmed that the commercial laundry facility that
provides services for area hospitals broke ground last week, and the original estimated
construction schedule was 9 to 11 months. Ms. Chamberlain also responded that there
is nothing new to report on the Cavanaugh property.
V. PUBLIC HEARINGS
There were no Public Hearings scheduled.
VI. OTHER BUSINESS
A. Code Update Project – Phase II, Group 2 (Wagner)
Planner Wagner provided a brief overview of the Code Update Project, Phase II Group
2, and explained the mark-ups to the new code sections to assist the Commission in
understanding where the changes came from and why these are new sections or
chapters in the City’s codes. Planner Wagner also described in detail the new Land Use
PLANNING COMMISSION MEETING MINUTES September 5, 2012
Page 2
Table format in Chapter 18.23, Commercial and Industrial Zones. The Commission
reviewed each section and Planner Wagner responded to questions and provided
clarification.
In Chapter 18.04 – Definitions, the Commission asked if there is a reason why “Building
Contractor Services” and “Construction Contractor Services” are separate. Planner
Wagner stated that individual uses are a little different. The construction contractor
services is more high intensity (e.g., highway construction work) and the other is more of
the general trades (e.g., painting, HVAC, plumbing, etc.). Following a discussion
concerning how a small business could have a large impact, Planner Wagner stated
staff will look at these definitions again to better distinguish them.
Chapter 18.57.025 - Recreation, Education and Public Assembly, the Commission
discussed whether the 300-foot restriction near a residential zone is practical and
whether some type of sound study might be considered. Planner Wagner stated that
possibly some code language could be added to state this number could be reduced if a
sound study is submitted, and he will work with planners to see if there is a better
standard that can be chosen.
Chapter 18.57.035, Retail - Building/Landscape Materials, the Commission discussed
whether different heights should be allowed depending upon where the property is
located.
Chapter 18.57.050 – Car Washes / Detailing distance 50-foot restriction from a
residential zone was discussed and the potential noise from car speakers. Planning
Manager Chamberlain confirmed that the City has a noise ordinance but it does not
specify hours and does not cover car speakers which would be nearly impossible to
regulate. Manager Chamberlain suggested taking a look at a distance requirement or
some other mechanisms to address noise issues with car washes near residential
zones.
Chapter 18.57.050 - Vehicle Sales and Services, Other Zones Where Permitted. The
Commission discussed the 20-foot height restriction and asked whether there is a
standard height for canopies. Planner Wagner responded that this covers fueling
stations and may need to be clarified to read “the station canopy”.
In connection with the Hearing Examiner Chapter 2.46, Planner Wagner stated that he is
currently working with Legal to see if this chapter needs changes, primarily chapter
section numbers, and Planner Wagner will make sure it is clear if what is presented at
the public hearing is different from what the Commission currently has.
Prior to the next Planning Commission meeting, Planner Wagner will provide a brief
memo to the Commission with answers to the questions and issues that were raised.
B. 2012 Comprehensive Plan Amendments (Dixon)
Principal Planner Dixon provided background on the City’s Annual Comprehensive Plan
Amendments processes and introduced two policy and text amendments that were not
covered in the last Planning Commission meeting for discussion purposes: 1) P/T #5 –
PLANNING COMMISSION MEETING MINUTES September 5, 2012
Page 3
City of Auburn Capital Facilities Plan 2013-2018 and 2) PT#7 – Chapters 14,
Comprehensive Plan Map Economic Strategy Areas.
Principal Planner Dixon stated that the Capital Facilities Plan is an important document
for identifying the City’s level of service standards for the different types of facilities in the
City. He also noted that included with the packet is a memorandum produced by the
Finance Department that explains the changes that have occurred from last year’s
Capital Facilities Plan.
Principal Planner Dixon clarified that on TableT-1 of the City’s Draft Capital Facilities
Plan the level of service standard is the City’s published standard in terms of what the
City is trying to maintain as an adopted performance standard for that corridor. The City
has intersection level of service and a corridor level of service where the level of service
is averaged over the length of that road’s segment. A level of service is usually a
measure of how that roadway performs for one hour at the p.m. peak hour and relates to
how much capacity that roadway can handle.
In response to a question regarding “downtown furniture” listed as deleted in the Finance
Department Capital Facilities Memorandum, Planning Manager Chamberlain explained
that a project had been identified for some additional improvements downtown but due
to project funding that need could not be met and the item is listed as deleted.
Prinicpal Planner Dixon stated that staff is working on providing an additional map to the
Comprehensive Plan of the economic development strategy areas to illustrate these
locations and to make it easier to follow.
Staff will make a correction to the spelling error noted on Page 14-25 and insert hyphens
for clarity on Page 14-27 of Chapter 14.
The Commission will not meet on September 18th and will conduct two public hearings in
October. The Commission will meet at 6:30 p.m. prior to the Planning Commission
meeting at 7:00 p.m. on October 2nd and October 16th for a quick study session. Chair
Roland confirmed that the Planning Commission November 6th meeting will be moved to
November 7th due to election night.
Audience member, Christopher Cushing, asked the Commission if people want to live on
top of where they work. He stated that most light industrial and manufacturing requires a
warehouse setting which makes a soft structure and asked if the City is prepared to take
on the challenges of making seismic studies. Prinicpal Planner Dixon responded that
there are a lot of industrial buildings that are built to International Building and Fire Code
Standards based upon the height of the building and its occupancy. When there are
residences, they have different standards.
VII. ADJOURNMENT
There being no further business to come before the Planning Commission, Chair Roland
adjourned the meeting at 8:38 p.m.
AGENDA BILL APPROVAL FORM
Agenda Subject: Proposed amendments to Title 18 - Zoning, of the
Auburn City Code related to non-residential zones (Code Update Project
– Phase 2 - Group 2).
Date: September 21, 2012
Department: Planning and
Development
Attachments: See Exhibit list below. Budget Impact: N/A
Administrative Recommendation: Planning Commission to hold a public hearing on the proposed
amendments and make a recommendation to City Council.
Background Summary:
The Code Update Project began in September 2008 and is progressing in two phases. Phase 1,
completed in June of 2009, updated the City’s residential-related zoning districts (Title 18 ACC) and
subdivision code (Title 17 ACC). Phase 2 updates the City’s non-residential related zoning districts (Title
18 ACC). Because Phase 2 involved a number of zoning code amendments it was divided into two
groups. Group 1 was completed in December of 2011 and amended the following chapters in Title 18
ACC: Landscaping and Screening, Off-street Parking and Loading, and Variances, Special Exceptions
and Administrative Appeals. Group 1 also added a new chapter related to Outdoor Lighting.
The Code Update Project is intended to meet four key objectives:
* Improve development code readability and ease of use;
* Update technical content to address known issue areas and better support the City’s development
review and quasi-judicial decision process;
* Ensure development code and design standards are coordinated and consistent with Auburn’s
Comprehensive Plan and other state land use and environmental requirements;
* Promote sustainability concepts where feasible.
The proposed amendments (Phase 2, Group 2) will affect the current zoning code as follows:
Add new definitions, consolidate chapters that currently regulate the City’s non-residential zones (land
uses and development standards) and create a new chapter containing standards for specific land uses.
The October 2, 2012 Planning Commission meeting will involve a public hearing on the proposed code
amendments. The Planning Commission is advisory to the City Council and will make a recommendation
to the City Council on the proposed code amendment.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Serv. Finance Parks
Human Services Planning & CD Fire Planning
Park Board Public Works Legal Police
Planning Comm. Other Public Works Human Resources
Information Services
Action:
Committee Approval: Yes No
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Staff: Wagner
Meeting Date: October 2, 2012 Item Number:
Agenda Subject: Proposed amendments to Auburn City Code related
to the Code Update Project – Phase 2 – Group 2 (ZOA12-0007)
Date: September 21, 2012
Page 2 of 6
A. RESPONSIBLE DEPARTMENT:
City of Auburn Planning and Development Department, Kevin H. Snyder, AICP, Director
B. RESPONSIBLE STAFF:
Stuart Wagner, AICP Planner, City of Auburn Planning and Development Department
C. AREA OF IMPACT:
Citywide
D. PLANNING COMMISSION PUBLIC HEARING DATE:
October 2, 2012
E. CITY COUNCIL ORDINANCE CONSIDERATION DATE:
Currently scheduled for November 19, 2012
F. FINDINGS OF FACT:
1. Title 18 of the Auburn City Code (ACC), includes Chapter 18.68, Amendments, which
addresses amendments to Title 18, Zoning.
2. The proposed code amendment adds new definitions, consolidates chapters that currently
regulate the City’s non-residential zones (land uses and development standards) and creates
a new chapter containing standards for specific land uses.
3. The proposed code amendment is supported by the City of Auburn Comprehensive Plan as
discussed under the conclusions’ section of this report.
4. A Determination of Non-Significance was issued for the City initiated Code Amendments on
July 16, 2012 under city file SEP12-0022. The Determination of Non-Significance was
published in the July 16, 2012 edition of the Seattle Times. No comments were received from
the commenting agencies or appeals filed.
5. Pursuant to RCW 36.70A.106, the proposed zoning code amendments outlined in this
agenda bill were sent to the Washington State Department of Commerce, Growth
Management Services, and other state agencies as required for the 60-day state review. An
acknowledgement letter was received on July 23, 2012. No comments were received from
Commerce or other state agencies as of the writing of this report.
6. Initial concepts were reviewed by the Planning and Community Development Committee on
March 8, 2012 and March 20, 2012 and the Committee provided initial policy feedback to
staff.
7. The Planning Commission conducted a duly noticed work study session at the regular
meetings on August 21, 2012, September 5, 2012 and October 2, 2012 to review and
discuss with staff potential amendment issues and ideas inclusive of the potential
amendments to Title 18 (Zoning).
Agenda Subject: Proposed amendments to Auburn City Code related
to the Code Update Project – Phase 2 – Group 2 (ZOA12-0007)
Date: September 21, 2012
Page 3 of 6
8. The public hearing notice was published on September 21, 2012 in the Seattle Times at least
10-days prior to the Planning Commission public hearing scheduled for October 2, 2012.
9. The following conclusions support the proposed amendments to Title 18, Zoning, scheduled
for the Planning Commission’s October 2, 2012 public hearing with a staff recommendation.
G. Conclusions
1. Pursuant to Auburn City Code (ACC) Section 18.68.030 and 18.68.040, the following public
process is applicable:
18.68.030 Public hearing process
A. Text Amendments. With the exception of purely administrative or procedural
amendments, the planning commission shall conduct at least one public hearing on all
amendments to this title. The planning commission shall make a recommendation to the city
council who may or may not conduct a public hearing.
18.68.040 Public hearing notice requirements
A. Text Amendments.
1. Planning Commission. For text amendments that require a public hearing under ACC
18.68.030(A), notice of a public hearing shall be given by publication, in a newspaper of
general circulation in the area, at least 10 days prior to the public hearing and by posting the
notice in three general public locations.
2. City Council. Notice of a public hearing shall be given by publication, in a newspaper of
general circulation in the area, prior to the public hearing and by posting the notice in three
general public locations.
Comment:
The public hearing before the Planning Commission is scheduled for October 2, 2012
meeting the requirement under ACC 18.68.030. The public hearing notice was published in
the Seattle Times, the City’s official newspaper, on September 21, 2012 at least 10 days
prior to the public hearing. The public hearing notice was also posted at City Hall (25 West
Main Street), the Customer Service Center (One East Main Street), and the City’s Senior
Activity Center meeting the requirement for posting the notice in three general public
locations.
2. The proposed amendments to Title 18 (Zoning) are intended to reorganize and update
regulations and standards to create a more logical flow in the regulation of land uses and to
appropriately reflect changes in state law. In addition, these amendments are intended to
reduce redundancy and vagueness, add or modify definitions and make the regulations
easier to use and understand.
3. The proposed amendments to Title 18 (Zoning) do not require any changes to the City’s
current critical area regulations contained in ACC 16.10 (Critical Areas). Any future
development subject to the proposed amendments to Title 18 will still be required to
demonstrate compliance to applicable standards and regulation specified in ACC 16.10.
4. The proposed amendments to Title 18 (Zoning) will support current and future land and
shoreline uses that are consistent with the City’s current Comprehensive Plan and current
Shoreline Master Program. Staff has not proposed substantive or non-substantive
Agenda Subject: Proposed amendments to Auburn City Code related
to the Code Update Project – Phase 2 – Group 2 (ZOA12-0007)
Date: September 21, 2012
Page 4 of 6
amendments to Title 18 that would be deemed inconsistent with the City’s adopted plans and
policies.
5. Auburn City Code Chapter 18.68, Amendments, does not have specific decision criteria for
text amendments to the zoning title. At a minimum, proposed text amendments are to be
consistent with the City’s Comprehensive Plan pursuant to RCW 36.70A.040. The proposed
code amendment is supported by the following Comprehensive Plan Objectives and Policies:
CITY OF AUBURN COMPREHENSIVE PLAN
GOAL 9. COMMERCIAL DEVELOPMENT
To maintain and establish a variety of commercial environments which provide the full range
of commercial services to the community and region in a manner which reduces conflicts
between different types of commercial services and other uses.
Discussion: Commercial uses range from a small corner store providing service primarily
to the neighborhood around it to a large shopping mall which serves the entire region.
Auburn contains both of these types of commercial uses and recognizes their importance
in providing service to both Auburn and regional residents. The City will provide
opportunities for the full range of commercial uses while insuring that their impacts on
each other and on other uses are minimized.
Comment:
The proposal will add new land use tables, ones divided by major land use categories i.e.
Industrial and Manufacturing vs. Residential vs. Retail vs. Service, e.g. Within these new
land use tables are new uses including commercial recreational facilities, live/work or
work/live unit, building and landscaping sales, outdoor displays and sales associated with a
permitted use, fueling station, and others, thereby providing a full range of commercial uses
in the city’s non-residential zones.
GOAL 2. FLEXIBILITY
To provide predictability in the regulation of land use and development, especially where
residential uses are affected, but to also provide flexibility for development through
performance standards that allow development to occur while still protecting and enhancing
natural resources and critical lands in overall compliance with this comprehensive
plan.
Objective 2.1. To provide assurance that residential areas will be protected from
intrusions by incompatible land uses.
Policies:
GP-11 Ordinance provisions designed to protect residential areas shall give priority to
providing predictability and stability to the neighborhood
GP-12 Adequate buffering shall be required whenever new commercial or industrial uses
abut areas designated for residential uses
GOAL 11. INDUSTRIAL DEVELOPMENT
To provide for, establish and maintain a balance of industrial uses that respond to local and
regional needs and enhance the City's image through optimal siting and location, while
Agenda Subject: Proposed amendments to Auburn City Code related
to the Code Update Project – Phase 2 – Group 2 (ZOA12-0007)
Date: September 21, 2012
Page 5 of 6
taking into consideration tax policy impacts of streamlined sales tax and/or other similar
legislation.
Objective 11.2. To establish performance standards appropriate for developing industrial
areas.
Policies:
LU-99 Compatibility among land uses should be enhanced through landscaping, building
orientation and setbacks, traffic control and other measures to reduce potential conflicts.
LU-100 All industrial development should incorporate aesthetically pleasing building and
site design. The City shall amend its codes and performance standards which govern
industrial development to implement this policy.
a. Procedures shall be established to ensure aesthetically pleasing building and site
design in areas designated for light industrial areas.
b. Appropriate landscaping and site development standards shall regulate site
development in heavy industrial areas.
c. Unsightly views, such as heavy machinery, service entrances, storage areas,
rooftop equipment, loading docks, and parking areas should be screened from view
of adjacent retail, commercial, light industrial and residential areas and
from public streets.
LU-107 Land made available for industrial development, and uses allowed in industrial
zones, shall take into consideration impacts of tax policy and tax structure upon the City
of Auburn.
Comment:
The land uses tables described above are structured in a way that will establish and maintain
a balance of industrial uses, ranging from warehousing and distribution to storage to
manufacturing. Residential uses will be protected through greater setbacks (when abutting
non-residential uses) and through additional development standards (on siting, aesthetic, or
operational). New specific standards have been created for outdoor displays and sales,
towing storage yards, automobile washes, and other uses to mitigate their potential adverse
impacts. The proposed amendments to the zoning code will be consistent with the
comprehensive plan in that they would conform to the land use goals and policies listed
above.
Objective 11.7. To promote and incentivize increased retail uses in industrial zoning
districts.
Policies:
LU-116 Changes in comprehensive plan and zoning policies and standards should be
implemented to create regulatory controls and incentives for the increased use of land
and buildings to for sales tax producing commercial retail uses.
Comment:
Additional sales tax generating land uses are proposed to be permitted outright in the city’s
industrial zones (M1, light industrial and M2, heavy industrial). These additional land uses
include building and landscaping material sales, nurseries, convenience and grocery stores,
retail establishments of varying size, and wholesaling with on-site retail as an incidential use.
Agenda Subject: Proposed amendments to Auburn City Code related
to the Code Update Project – Phase 2 – Group 2 (ZOA12-0007)
Date: September 21, 2012
Page 6 of 6
The latter use would allow for bakeries and coffee roaster to sell goods they make on site.
The proposed amendments to the zoning code would help meet comprehensive plan
objective 11.7 above.
GOAL 17. ECONOMIC DEVELOPMENT
To ensure the long-term economic health of the City and the region through a diversified
economic base that supports a wide range of employment opportunities for Auburn's
residents and those of the region and through the promotion of quality industrial and
commercial development which matches the aspirations of the community.
Objective 9.3. Develop effective land use polices and economic development strategies
that provide long-term and stable employment, increase per capita income
and reduce the tax burden of Auburn residents.
Policies:
ED-16 Warehouse and distribution land uses are not a preferred longterm economic
development and land use priority for industrial zoned areas in the City due to the loss of
sales tax revenue associated with the State’s implementation of streamlined sales tax
legislation in 2008, no substantive contribution to an increase in per capita income for
Auburn residents, no reduction in the tax burden of Auburn residents, low employment
densities, lower property values and land use inefficiencies.
Comment:
Because the City of Auburn Comprehensive Plan contains policies stating that warehouse
and distribution land uses are not a preferred long term economic development and land use
priority for industrial zoned areas in the City due to a loss of sales tax revenue associated
with the State’s implementation of streamline sales tax legislation, the new land use tables
have motor freight terminals (new) listed as a prohibited use and a number of sales tax
producing commercial retail uses have been added. These amendments are consistent with
the goals and policies of the comprehensive plan.
Staff Recommendation
The Planning Commission recommends approval to the City Council of the proposed zoning code
text amendment as presented by staff based on the findings of fact and conclusions.
Exhibits
Exhibit 1: Staff Report
Exhibit 2: Auburn City Code Chapter 18.04 – Definitions (revised)
Exhibit 3: Auburn City Code Chapter 18.23 – Commercial and Industrial Zones (new)
Exhibit 4: Auburn City Code Chapter 18.35 – Special Purpose Zones (new)
Exhibit 5: Auburn City Code Chapter 18.57 – Standards for Specific Land Uses (new)
Exhibit 6: Determination of Non-Significance and Affidavit of Publication
Exhibit 7: Environmental Checklist
Exhibit 8: Public Hearing Notice and Affidavit of Publication
Exhibit 9: Letter to Department of Commerce for 60-day State Review
Exhibit 10: Acknowledgment letter from Department of Commerce
DRAFT
Page | 1 9/21/12
CHAPTER 18.04 1
DEFINITIONS 2
3
18.04.192 Building and landscape materials sales. 4
“Building and landscape material sales” means a retail or wholesale establishment selling hardware, 5
lumber and other large building materials, plant materials, and other landscaping materials. 6
7
18.04.194 Building contractor, heavy. 8
“Building contractor, heavy” means businesses relating to the heavy construction trades including but not 9
limited to; excavation work, highway and street construction; heavy construction, masonry and concrete 10
work and water well drilling. These types of businesses generally have heavy equipment that may be 11
stored outside. 12
13
18.04.195 Building contractor, light. 14
“Building contractor, light” means businesses relating to the building trades including but not limited to: 15
plumbing, heating, air conditioning; painting, paperhanging and decorating; electrical; carpentry and 16
flooring; roofing and sheet metal. 17
18
18.04.235.1 Caretaker apartment. 19
“Caretaker apartment” means an accessory housing unit that is permitted in association with a 20
commercial or industrial use where no residential dwelling exists, for the express purpose of providing a 21
housing unit for on-site security or operations personnel. 22
23
18.04.246 Commercial Recreation facility, Indoor. 24
“Commercial Recreation facility, Indoor” means a private for profit or non-profit establishment offering 25
recreation or providing entertainment or games of skill to the general public for a fee or charge and wholly 26
enclosed in the building. Typical uses include athletic and health club, pool or billiard hall, indoor 27
swimming pool, bowling alley, skating rink or climbing gyms. 28
29
18.04.247 Commercial Recreation facility, Outdoor. 30
“Commercial Recreation facility, Outdoor” means a private for profit or non-profit establishment offering 31
recreation or providing entertainment or games of skill to the general public for a fee or charge where any 32
portion of the activity takes place in the open, excluding public parks. Typical uses include: thoroughbred 33
racetracks,; miniature golf; skateboard park; swimming and wading, therapeutic facilities; and tennis, 34
handball, basketball courts; batting cages, trampoline facilities. 35
36
18.04.248 Community retail establishment. 37
“Community retail establishment” means stores, shops and businesses either individually or in shared 38
space setting serving a geographic area of the City that engage in merchandise sales. 39
40
18.04.282 Convenience Store. 41
“Convenience store” means a small retail establishment that offers convenience goods for sale, such as 42
prepackaged food items, beverages, tobacco, personal care items, and other household goods and often 43
characterized by 24-hours a day operations. These stores can be part of a fueling station or an 44
independent facility. 45
46
18.04.283 Crematorium. 47
“Crematorium” means a facility for the burning of corpses, human or animal, to ashes either as a principal 48
use or as an accessory use. Crematoriums do not include establishments where incinerators are used to 49
dispose of toxic or hazardous materials, infectious materials or narcotics. 50
51
18.04.359 Entertainment, commercial. 52
“Entertainment, commercial” means spectator entertainment for commercial purposes. This use includes 53
theaters, concert halls, nightclubs, or comedy clubs, but does not include cabarets, licensed under 54
Section 5.20.140 (A)(3) of the City Code and adult entertainment, licensed under Chapter 5.30 of the City 55
Code. 56
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1
18.04.395 Fueling station. 2
“Fueling station” means a retail business selling gasoline or other motor vehicle fuels primarily to 3
passenger vehicles. Includes alternative fuels and recharging facilities which are commercial facilities 4
offering motor vehicle fuels not customarily offered by commercial refueling stations (e.g., liquid propane 5
gas) as well as equipment to recharge electric powered vehicles. This classification includes customary 6
incidental activities when performed in conjunction with the sale of fuel, such as vehicle maintenance and 7
repair, vehicle washing, and electric vehicle battery swap-out, but excludes body and fender work or 8
repair of heavy trucks or vehicles. 9
10
18.04.527 Live/Work Unit. 11
“Live/work unit” means an integrated housing unit and working space, occupied and utilized by a single 12
household in a structure, either single dwelling or multi-unit dwelling, that has been designed or 13
structurally modified to accommodate joint residential occupancy and work activity, and which includes: 14
A. A complete dwelling unit; and 15
B. Working space reserved for and regularly used by one or more occupants of the dwelling unit. 16
The difference between a live/work unit and work/live unit [defined Section 18.04.913 of the City 17
Code] is that the "work" component of a live/work unit is secondary to its residential use, and may include 18
only commercial activities and pursuits that are compatible with the character of a quiet residential 19
environment, while the work component of a work/live unit is the primary use, to which the residential 20
component is secondary. 21
22
18.04.612 Manufacturing, assembling and packaging – heavy intensity. 23
“Manufacturing, assembling and packaging – heavy intensity” means a facility accommodating 24
manufacturing processes that involve and/or produce basic metals, building materials, chemicals, 25
fabricated metals, paper products, machinery, textiles, and/or transportation equipment, where the 26
intensity, scale, and/or characteristics of operation and materials used have the potential to result in 27
externalities or effects on surrounding land uses or the community. Examples of heavy intensity 28
manufacturing uses include, but are not limited to chemical products manufacturing, paving and roofing 29
materials manufacturing and glass products manufacturing. 30
31
18.04.614 Manufacturing, assembling and packaging – light intensity. 32
“Manufacturing, assembling and packaging – light intensity” means a facility accommodating 33
manufacturing processes involving and/or producing: apparel; food and beverage products; electronic, 34
optical, and instrumentation products; ice; jewelry; and musical instruments. Light manufacturing also 35
includes other establishments engaged in the assembly, fabrication, and conversion of already processed 36
raw materials into products, where the intensity, scale, and/or characteristics of operation and materials 37
used are unlikely to result in externalities or effects on surrounding land uses or the community because 38
they can be controlled within the building. Examples of light intensity manufacturing uses include, but are 39
not limited to clothing and fabric product manufacturing and food and beverage products. 40
41
18.04.616 Manufacturing, assembling and packaging - medium intensity. 42
“Manufacturing, assembling and packaging – medium intensity” means a facility accommodating 43
manufacturing processes that involve and/or produce building materials, fabricated metal products, 44
machinery, and/or transportation equipment, where the intensity, scale, and/or characteristics of operation 45
and materials used are greater than those classified under "Manufacturing, assembling and packaging – 46
Light intensity," but where externalities or effects on surrounding land uses or the community can typically 47
be reduced or avoided when appropriately located and developed. Examples of medium intensity 48
manufacturing uses include lumber and wood product manufacturing and stone and cut stone product 49
manufacturing. 50
51
18.04.635 Motor freight terminal. 52
“Motor freight terminal” means a facility with more than one (1) dock per five thousand (5,000) square feet 53
of warehouse, storage, or related use and used for either (1) the loading, unloading, dispensing, 54
receiving, interchanging, gathering, or otherwise physically handling freight for shipment or (2) any other 55
location at which freight is exchanged by motor carriers between vehicles. This includes but is not limited 56
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cross-dock operations and does not include a package delivery service. Excludes buildings with six (6) or 1
fewer loading docks. 2
3
18.04.644.1 Neighborhood retail establishment. 4
“Neighborhood retail establishment” means stores and shops serving the immediate surrounding 5
neighborhood in which they are located, including but not limited to a beauty shop, laundry and dry 6
cleaning, sales of retail goods and such others of a similar nature. 7
8
18.04.745 Print and copy shop. 9
Print and copy shop means a facility for the custom reproduction of written or graphic materials on a 10
custom order basis for individuals or businesses. Typical processes include, but are not limited to, 11
photocopying, blueprint, facsimile sending and receiving, and including offset printing. 12
13
18.04.791 Regional retail establishment. 14
“Regional retail establishment” means a large scale retail establishment intended to serve customers 15
within and outside the City. A regional retailer may accommodate a wide range of retail commodities 16
(e.g., apparel and accessories, consumer electronics, hardware, building materials, sporting goods and 17
automotive supplies) 18
19
18.04.796 Repair services – equipment, appliances. 20
“Repair services – equipment, appliances” means repair of products, not to include vehicles or heavy 21
equipment. These uses include consumer repair services for individuals and households for items such 22
as household appliances, musical instruments, cameras, household electronic equipment, and similar 23
uses. 24
25
18.04.816 Shop. 26
“Shop” means a small retail establishment or a department in a large one offering a specified line of 27
goods or services 28
29
18.04.829 Store. 30
“Store” means a business establishment where usually diversified goods are kept for retail sale. 31
32
18.04.913 Work/live Unit. 33
“Work/live unit” means an integrated housing unit and working space, occupied and utilized by a single 34
household in a structure, either single dwelling or multi-unit dwelling, that has been designed or 35
structurally modified to accommodate joint residential occupancy and work activity, and which includes: 36
A. A complete dwelling unit; and 37
B. Working space reserved for and regularly used by one or more occupants of the dwelling unit. 38
The difference between a work/live unit and live/work unit [defined Section 18.04.527 of the City 39
Code] is that the "work" component of a work /live unit is primary use, to which the residential use is 40
secondary, while the work component of a live/work unit is secondary to its residential use, and may 41
include only commercial activities and pursuits that are compatible with the character of a quiet residential 42
environment. 43
44
To be repealed 45
46
18.04.140 Automobile service station. 47
"Automobile service station" means a place of business where the primary business is the fueling of 48
vehicles. Automobile service stations have pumps and/or storage tanks from which liquid fuel and/or 49
lubricants are dispensed. Sales and installation of auto accessories, washing, polishing, inspections and 50
cleaning, but not steam cleaning, may be carried on incidental to the sale of such fuel and lubricants. 51
Retail sales of food and grocery-related items may also be considered an incidental use. (Ord. 6245 § 3, 52
2009; Ord. 4229 § 2, 1987.) 53
54
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CHAPTER 18.23
COMMERCIAL AND INDUSTRIAL ZONES
Sections:
18.23.010 Purpose.
18.23.020 Intent of Commercial and Industrial Zones.
18.23.030 Uses.
18.23.040 Development standards.
18.23.050 Additional Development Standards for C-2 Central Business Zone.
18.23.060 Additional Development Standards for the EP, Environmental Park Zone.
18.23.010 Purpose.
This Chapter lists the land uses that may be allowed within the commercial and industrial zones
established by ACC 18.02.070 (Establishment of zones), determines the type of land use approval
required for each use, and provides basic and additional development standards for sites, buildings, and
associated improvements.
18.23.020 Intent of Commercial and Industrial Zones.
A. General. This section describes the intent for each of the city’s commercial and industrial zones. These
intent statements are to be used to guide the interpretation of the regulations associated with each zone.
The Planning Director is authorized to make interpretations of these regulations based on his/her analysis
of them together with clear and objective reasons for such interpretation.
B C-N, Neighborhood Shopping Center Zone. The C-N zone is intended to provide areas appropriate for
neighborhood shopping establishments which provide limited retail business, service and office facilities
for the convenience of residents of the neighborhood. A neighborhood shopping center is designed and
located so as to minimize traffic congestion on public highways and streets in its vicinity and to best fit the
general land use pattern of the area to be served by the center. The protective standards contained in this
chapter are intended to minimize any adverse effect of the neighborhood shopping center on nearby
property values and to provide for safe and efficient use of the neighborhood shopping center itself.
C. C-1, Light Commercial Zone. The C-1 zone is intended for lower intensity commercial adjacent to
residential neighborhoods. This zone generally serves as a transition zone between higher and lower
intensity land uses, providing retail and professional services. This zone represents the primary
commercial designation for small to moderate scale commercial activities compatible by having similar
performance standards and should be developed in a manner which is consistent with and attracts
pedestrian-oriented activities. This zone encourages leisure shopping and provides amenities conducive
to attracting shoppers and pedestrians.
D. C-2 Central Business District Zone. The intent of the C-2 zone is to set apart the portion of the city
proximate to the center for financial, commercial, governmental, professional, and cultural activities. Uses
in the C-2 zone have common or similar performance standards in that they represent types of
enterprises involving the rendering of services, both professional or to the person, or on-premises retail
activities. This zone encourages and provides amenities conducive to attracting pedestrians.
E. C-3, Heavy Commercial Zone. The intent of the C-3 zone is to allow for medium to high intensity uses
consisting of a wide range of retail, commercial, entertainment, office, services, and professional uses.
This zone is intended to accommodate uses which are oriented to automobiles either as a mode or target
of the commercial service while fostering a pedestrian orientation. The uses allowed can include outside
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activities, display, fabrication or service features when not the predominant portion of the use. The uses
enumerated in this classification have potential for impacts to surrounding properties and street systems
than those uses permitted in the more restrictive commercial classifications.
F. C-4, Mixed Use Commercial Zone. The intent of the C-4 zone is to provide for a pedestrian oriented
mix of retail, office, and limited multiple family residential uses. This classification is also intended to
allow flexibility in design and the combination of uses that is responsive to market demands. The uses
enumerated in this classification anticipate a mix of multiple family residential, retail, and office uses that
are coordinated though a site-specific planning process. The multiple family residential must be located
in a multistory building; the ground floor of which must contain a permitted use or combination of uses,
other than parking, as listed in this chapter. Certain heavy commercial uses permitted in other
commercial classifications are not permitted in this zone because of the potential for conflicts with
multifamily residential uses, in order to achieve a quality of environment that is conducive to this mix of
uses.
G. M-1, Light Industrial Zone. The intent of the M-1 zone is to accommodate a variety of industrial,
commercial, and limited residential uses in an industrial park environment, to preserve land primarily for
light industrial and commercial uses, to implement the economic goals of the comprehensive plan and to
provide a greater flexibility within the zoning regulations for those uses which are non-nuisance in terms
of air and water pollution, noise, vibration, glare or odor. The light industrial/commercial character of this
zone is intended to address the way in which industrial and commercial uses are carried out rather than
the actual types of products made.
The character of this zone will limit the type of primary activities which may be conducted outside of
enclosed buildings to outdoor displays and sales. Uses which are not customarily conducted indoors or
involve hazardous materials are considered heavy industrial uses under this title and are not appropriate
for the M-1 zone. An essential aspect of this zone is the need to maintain a quality of development that
attracts rather than discourages further investment in light industrial and commercial development.
Consequently, site activities which could distract from the visual quality of development of those areas,
such as outdoor storage, should be strictly regulated within this zone.
H. EP, Environmental Park Zone. The environmental park district is intended to allow uses in proximity to
the Auburn Environmental Park that benefit from that location and will complement the park and its
environmental focus. Uses allowed in this zone will focus upon medical, biotech and "green" technologies
including energy conservation, engineering, water quality and similar uses. Other uses complementary to
and supporting these uses are also allowed. Incorporation of sustainable design and green building
practices will be a primary aspect of this zone. The construction of leadership in energy and
environmental design (LEED) and built green certified buildings is encouraged and built green will be
required for multiple-family dwellings. The city recognizes that much of the property in this zone was
developed under earlier standards, so the goals of the district will be realized over a period of time as
properties are redeveloped.
I. M-2, Heavy Industrial Zone. The M-2 zone is intended to accommodate a broad range of
manufacturing and industrial uses. Permitted activity may vary from medium to higher intensity uses that
involve the manufacture, fabrication, assembly, or processing of raw and/or finished materials. Heavy
industrial uses should not be located near residential development.
While other uses may be sited within this zone, permits for such uses should not be issued if such uses
will discourage use of adjacent sites for heavy industry, interrupt the continuity of industrial sites, or
produce traffic in conflict with the industrial uses.
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18.23.030 Uses
A. General permit requirements. Table 18.23.030 identifies the uses of land allowed in each
commercial and industrial zones and the land use approval process required to establish each
use.
B. Requirements for certain specific land uses. Where the last column in Table 18.23.030
(“Standards for Specific Land Uses”) includes a reference to a code 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.
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Table 18.23.030 Permitted, Administrative, Conditional and Prohibited Uses by Zone
Permitted, Administrative, Conditional and Prohibited Uses by Zone P - Permitted
A – Administrative
C - Conditional
X - Prohibited
LAND USE Zoning Designation Standards for
Specific Land Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2
INDUSTRIAL, MANUFACTURING AND PROCESSING, WHOLESALING
Building contractor, light X X X P X P X P
Construction contractor, heavy X X X X X A X P
Manufacturing, assembling and
packaging – Light Intensity
X X X P X P P P ACC 18.31.180
Manufacturing, assembling and
packaging – Medium Intensity
X X X A X P A P ACC 18.31.180
Manufacturing, assembling and
packaging – Heavy Intensity
X X X X X X X A ACC 18.31.180
Outdoor storage, incidental to
principal permitted use on
property
X X X P X P P P ACC 18.57.020 A
Storage - Personal household
storage facility (mini-storage)
X P X P X P X P ACC 18.57.020 B
Warehousing and distribution X X X X X C X C ACC 18.57.020 C
Wholesaling with on site retail as
an incidental use (coffee, bakery,
eg.)
X X X P X P P P
RECREATION, EDUCATION AND PUBLIC ASSEMBLY USES
Commercial recreation facility,
Indoor
X P P P P P P A
Commercial recreation facility,
Outdoor
X X X A X P A A ACC 18.57.025 A
Conference/convention facility X X A A X A X X
Library, museum X A A A X A P X
Meeting facility, public or private A P P P X A P A
Movie theater, except drive-in X P P P P X X X
Private school – specialized
education/training (for profit)
A A P P P P P P
Religious Institutions, lot size
less than one acre.
A P P P A A A A
Religious Institutions, lot size
more than one acre
C P P P A A A A
Sexually oriented businesses X X X P X P X P ACC 18.74
Sports and entertainment
assembly facility
X X A A X A X A
Studio - Art, dance, martial arts,
music, etc.
P P P P P P A A
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Permitted, Administrative, Conditional and Prohibited Uses by Zone P - Permitted
A – Administrative
C - Conditional
X - Prohibited
LAND USE Zoning Designation Standards for
Specific Land Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2
RESIDENTIAL
Caretaker apartment X P P P X P P P
Live/Work or Work/Live unit X P P P P P P X
Multiple-family dwellings as part
of a mixed-use development
X P P P P P P X ACC 18.57.030 A
Multiple-family dwellings, stand
alone
X X X X X X X X ACC 18.57.030 B
Nursing home, assisted living
facility
X P P P C X X X
Senior housing X A A A X X X X
RETAIL
Building and landscape materials
sales
X X X P X P X P ACC 18.57.035.A
Construction and heavy
equipment sales and rental
X X X X X A X P
Convenience store A A P P X P P P
Drive-through espresso stands X X X P X P X X
Drive-through facility, including
banks and restaurants
A A A P P P X P ACC 18.52.040
Entertainment, commercial X A P P X A X A
Groceries, specialty food stores P P P P P P P X ACC 18.57.035 B
Nursery X X X P A P X P ACC 18.57.035 C
Outdoor displays and sales
associated with a permitted use
(auto/vehicle sales not included
in this category)
P P P P P P P P ACC 18.57.035 D
Restaurant, cafe, coffee shop P P P P P P P P
Retail
Community retail establishment A P P P P P X P
Neighborhood retail
establishment
P P P P P P X P
Regional retail establishment X X X P P P X A
Tasting Room P P P P P P P P
Tavern P P X P P P X A
Wine production facility, small
craft distillery, small craft brewery
A P P P P P P P
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Permitted, Administrative, Conditional and Prohibited Uses by Zone P - Permitted
A – Administrative
C - Conditional
X - Prohibited
LAND USE Zoning Designation Standards for
Specific Land Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2
SERVICES
Animal daycare (excluding
kennels and animal boarding)
A A A P A P X P ACC 18.57.040 A
Animal sales and services
(excluding kennels and
veterinary clinics)
P P P P P P X P ACC 18.57.040 B
Banking and related financial
institutions, excluding drive-
through facilities
P P P P P P P P
Catering service P P P P A P A P
Daycare, including mini daycare,
daycare center, preschools or
nursery schools
A P P P P P P X
Dry cleaning and laundry service
(personal)
P P P P P P P P
Equipment rental and leasing X X X P X P X P
Kennel, animal boarding X X X A X A X A ACC 18.57.040 C
Government facilities, this
excludes offices and related uses
that are permitted outright
A A A A A A A A
Hospital X P P P X P X P
Lodging - Hotel or motel X P P P P A P A
Medical – dental clinic P P P P P P X X
Mortuary, funeral home,
crematorium
A P X P X P X X
Personal service shops P P P P P P X X
Pharmacies P P P P P X X X
Print and copy shop P P P P P P X X
Printing and publishing (of books,
newspaper and other printed
matter)
X A P P P P P P
Professional Offices P P P P P P P P
Repair service - equipment,
appliances
X A P P P P X P ACC 18.57.040 D
Veterinary clinic, animal hospital A P P P P P X X
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1 Any motor freight terminal, as defined by ACC 18.04.635, in existence as of the effective date of the ordinance codified in this
section; is an outright permitted use in the M-1 and M-2 zone. Any maintenance, alterations and additions to an existing motor
freight terminal which is consistent with ACC 18.23.040 – Development standards, is allowed.
Permitted, Administrative, Conditional and Prohibited Uses by Zone P - Permitted
A – Administrative
C - Conditional
X - Prohibited
LAND USE Zoning Designation Standards for
Specific Land Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2
TRANSPORTATION, COMMUNICATIONS AND INFRASTRUCTURE
Ambulance, taxi, and specialized
transportation facility
X X X A X P X P
Broadcasting studio X P X P X P X P
Heliport X X X C X C X C
Motor freight terminal1 X X X X X X X X See Footnote No. 1
Parking facility, public or
commercial, surface
X P P P P P P X
Parking facility, public or
commercial, structured
X P P P P P P X
Towing storage yard X X X X X A X P ACC 18.57.045 A
Utility transmission or distribution
line or substation
A A A A A A A A
Wireless communication facility
(WCF)
- - - - - - - - ACC 18.04.912, ACC 18.31.100
VEHICLE SALES AND SERVICES
Automobile washes (automatic,
full or self-service)
X A X P P P X P ACC 18.57.050 A
Auto parts sales with installation
services
X A A P P P X P
Auto/vehicle sales and rental X A X P X P X P ACC 18.57.050 B
Fueling station X A A P P P X P ACC 18.57.050 C
Mobile home, boat, or RV sales X X X P X P X P
Vehicle services - repair/body
work
X X A P X P X P ACC 18.57.050 D
OTHER
Any commercial use abutting a
residential zone which has hours
of operations outside of the
following: Sunday: 9:00am to
10:00pm or Monday – Saturday:
7:00am to 10:00pm
A A A A A A A A
Other uses may be permitted by
the planning director or designee
if the use is determined to be
consistent with the intent of the
zone and is of the same general
character of the uses permitted.
See ACC 18.02.120 C.6
Unclassified uses
P P P P P P P P
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18.23.040 Development Standards
A. 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
Tables 18.23.040A (C-N, C-1, C-2, C-3, and C-4 Zone Development Standards ) and 18.23.040B (M-1,
EP and M-2 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 18.23.040A C-N, C-1, C-2, C-3, and C-4 Zone Development Standards
Notes:
(1) Residential uses: no minimum lot size, provided that residential density does not exceed 20 units per
gross acre (This includes privately-owned open space tracts but excludes dedicated public roads).
(2) A 25-foot setback is required when adjacent to a residential zone.
Development
Standard
Requirement by Zone
C-N
Neighborhood
Shopping
Center
C-1
Light
Commercial
C-2
Central
Business
C-3
Heavy
Commercial
C-4
Mixed Use
Commercial
Minimum lot
Area
2 Acres None None None None (1)
Minimum lot
width, depth
None None None None None
Maximum lot
coverage
55 percent None None None None
Minimum
Setbacks
Minimum setbacks required for structures. See also ACC 18.31.070 for specific
exceptions to these setback standards.
Front 50 ft 20 ft None 20 ft 20 ft
Side - Interior None (2) None (2) None None (2) None (2)
Side – street 50 ft 15 ft None 15 ft 15 ft
Rear None (2) None (2) None None (2) None (2)
Height limit Maximum allowable height of structures. See also ACC 18.31.030 (Height Limitations -
Exceptions) for specific height limit exceptions.
Maximum
height 30 ft 45 ft (3) ACC
18.23.050 75 ft 75 ft
Additional
Development
Standards
None
None
ACC
18.23.050 None None
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
Non-
Conforming
structures,
land and uses.
See Chapter 18.54 ACC
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(3) Buildings within the Auburn North Business Area, as established by Resolution No. 2283, may exceed
45 feet in one additional foot of setback is provided from each property line (or required minimum
setback) for each foot the building exceeds 45 feet in height.
Table 18.23.040B M-1, EP and M-2 Zone Development Standards
Notes:
(1) A 25 foot setback is required when adjacent to a residential zone.
(2) Buildings may exceed 45 feet if one foot of setback is provided from each property line (or required
minimum setback) for each foot the building exceeds 45 feet.
18.23.050 Additional Development Standards for C-2, Central Business Zone
A. Maximum building height:
1. The maximum height of that portion of a building that abuts a street(s) shall be no higher than the
right-of-way width of the abutting street(s). Building height may increase; provided, that the building is
Development
Standard
Requirement by Zone
M-1
Light Industrial
EP
Environmental
Park
M-2
Heavy Industrial
Minimum lot
Area
None None None
Minimum lot
width, depth
None None None
Maximum lot
coverage
None 35 percent None
Minimum
Setbacks
Minimum setbacks required for structures. See also ACC
18.31.070 for specific exceptions to these standards.
Front 20 ft 20 ft 30 ft
Side - Interior None (1) 15 ft None (1)
Side - Corner 20 ft 20 ft 30 ft
Rear None (1) 20-ft (1) None (1)
Height limit Maximum allowable height of structures. See also ACC
18.31.030 (Height Limitations - Exceptions) for specific height
limit exceptions.
Maximum
height 45 ft (2) 35 ft 45 ft (2)
Additional
Development
Standards
None ACC
18.23.060 None
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
Non-
Conforming
structures,
land and uses.
See Chapter 18.54 ACC
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stepped back one foot (from the abutting street right(s)-of-way) for each foot of increased building
height.
2. If the building abuts more than one street and the abutting streets have different right-of-way widths
then the height of the building allowed at any street frontage shall be the average of the abutting
street right-of-way widths.
3. The following rooftop features may extend up to 15 feet above the maximum height limit: stair
towers, elevator penthouses, and screened mechanical equipment.
B. Minimum setbacks: none required, see 18.23.050. D below for specific building orientation
requirements.
C. Fences shall be decorative and relate architecturally to the associated building. Acceptable materials
are brick, wood, stone, metal, or textured concrete. Typical galvanized wire mesh (chain link), barbed
wire or razor wire are not permitted. For further information see Chapter 18.31 ACC.
The provisions of this section shall not apply to temporary fences required during construction
projects permitted by the city.
D. Building Orientation Requirements. The following requirements apply to the construction of all new
buildings or structures:
1. Existing buildings or structures, including facades, that do not have setbacks or otherwise cannot
comply are exempt from these requirements regardless of the amount of improvements made to the
building, structure or facade as long as any alteration does not make the existing facade more
nonconforming.
2. Existing buildings, structures, or facades that are set back and within 20 feet of a street shall
comply to the fullest extent possible as determined by the planning director, with the following
requirements when any cumulative structural improvements are made that exceed 50 percent of the
assessed value of the existing building, structure, or facade.
3. Any addition to an existing building, regardless of value, that will be within 20 feet of a street shall
also comply to the fullest extent possible as determined by the planning director, with the following
requirements.
a. For each lineal foot of frontage a building has on a street, there shall be provided an area(s) for
pedestrian amenities at the rate of one square foot of ground area for each lineal foot of building
frontage. Pedestrian amenities shall consist of such features as landscaping, benches, entry
ways with accents such as brick pavers, art work, or a combination of these or similar features.
The pedestrian amenities shall be located on the property between the street right-of-way and the
building. The planning director shall approve the amount and type of the pedestrian amenities.
b. For buildings that have a street frontage that exceeds 50 feet then at least 25 percent of the
building’s frontage shall be immediately adjacent to the street right-of-way.
c. For buildings that have a street frontage that is less than 25 feet then no pedestrian amenities
will be required and the building may be located at the property line. There shall, however, be
provided a landing in front of each door that opens to a street that is large enough such that no
part of any door will encroach into the street right-of-way when the door is being opened or
closed.
d. For buildings that provide additional setbacks, except as restricted by subsection (F)(3)(b) of
this section, the area between the street right-of-way and the building shall only contain
pedestrian amenities.
e. If a building has more than two street frontages then at least two of the frontages shall comply
with subsections (F)(3)(b) and (F)(3)(g) of this section and contain pedestrian amenities between
the building and the street right-of-way. Any remaining frontages shall either have pedestrian
amenities, windows, murals, flat surfaced art work or other similar architectural features that
would avoid large blank walls.
f. For new buildings that will infill between two other existing buildings the new building shall be
set back no further than either of the adjacent buildings unless additional setback is required to
comply with subsection (F)(3)(a) of this section. The proposed setback shall be reviewed by the
planning director to ensure the setback will maintain building continuity along the street.
g. Buildings shall have windows that encompass at least 60 percent of the first floor facade and at
least 40 percent of the facade of each additional floor. At least 50 percent of the area of the first
floor windows of nonresidential buildings shall provide visibility to the inside of the building. This
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subsection shall only apply to the facades, of new buildings, with street frontage and shall not
lessen the requirements of the Uniform Building or Fire Codes.
h. The building’s principal pedestrian entrance shall be oriented to the street. If the building is at a
corner, either street or alley, then the principal pedestrian entrance shall be at the corner unless a
better architectural design is attained at another location and approved by the planning director.
i. Buildings that are at the intersection of either two streets or a street and an alley shall provide
for a sight distance triangular setback as required by Chapter 18.31 ACC. These triangular areas
may contain pedestrian amenities that satisfy the requirements of subsection (F)(3)(a) of this
section.
j. A site plan shall be prepared by the proponent which addresses compliance with the
requirements as outlined in subsections (F)(3)(a) through (F)(3)(i) of this section. The site plan
shall be approved by the planning director prior to the submittal of any building permit.
k. For the sole purposes of subsection F of this section the term “street” shall include the right-of-
way of private and public streets. The term shall also include pedestrian walkways, encumbered
by an easement or similar means, that are used by the general public to travel from one property
to another.
E. Mechanical equipment on rooftops shall be sited and designed to minimize noise and effectively
screen the equipment from view from adjacent properties and rights-of-way. The following methods,
or a combination thereof, may be used:
1. Setback from the roof edge to obscure visibility from below;
2. Integration into the building architecture, using building walls, roof wells or roof parapets to conceal
the equipment;
3. Equipment enclosure or sight-obscuring fencing or landscaping;
4. Overhead trellis or roof to obscure visibility from above.
Materials used to screen mechanical equipment shall be the same as or compatible with the design of
the principal structure.
F. Stair towers and elevator penthouses shall be designed to be architecturally integrated into the
principal structure. This may include using the same building materials, repeating common building
forms, colors or elements, or incorporating the roof and wall of the stair tower or elevator penthouse
into the upper wall of the structure.
18.23.060 Additional Development Standards for the EP, Environmental Park Zone
A. Fences and Hedges. Fences shall be decorative and relate architecturally to the associated building.
Acceptable materials are brick, wood, stone, metal, or textured concrete. Colored chain link fences
may be allowed subject to the planning director's approval. Barbed wire or razor wire fences are not
permitted. For further information on fencing see Chapter 18.31.020 ACC. The provisions of this
section shall not apply to temporary fences during construction projects permitted by the city;
B. Loading and unloading docks shall not be visible from the street.
C. Mechanical equipment on rooftops shall be sited and designed to minimize noise and effectively
screen the equipment from view from adjacent properties and rights-of-way. The following methods,
or a combination thereof, may be used:
1. Set back from the roof edge to obscure visibility from below;
2. Integration into the building architecture, using building walls, roof wells or roof parapets to
conceal the equipment;
3. Equipment enclosure or sight-obscuring fencing or landscaping;
4. Overhead trellis or roof to obscure visibility from above.
Materials used to screen mechanical equipment shall be the same as or compatible with the design of
the principal structure.
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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 RO and RO-H 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.
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 is
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
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. I 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. (Ord. 4229 § 2, 1987.)
18.35.30 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.
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Table 18.35.030 Permitted, Administrative, Conditional and Prohibited Uses by Zone
Permitted, Administrative, Conditional and Prohibited Uses by Zone P - Permitted
A – Administrative
C - Conditional
X - Prohibited
LAND USE Zoning Designations Standards for
Specific Land Uses
RO RO-H P-1 I
PUBLIC
Animal shelter, public X X P X
Government facilities, this excludes
offices and related uses that are permitted
outright
A A P P
Municipal parks and playgrounds P P P P
RECREATION, EDUCATION AND PUBLIC ASSEMBLY
Campgrounds and recreational vehicle
parks, private
X X X P
Cemetery, public X X P A
Cemetery, private X X X A
College, University, public X X A A
Commercial recreation facility - Indoor X X X P
Commercial recreation facility - Outdoor X X X A ACC 18.57.025 A
Conference/convention facility X X X A
Library, museum X X P P
Meeting facility, public or private A A P P
Private school – specialized
education/training (for profit)
P P X P
Public schools (K-12) and related facilities X X P P
Religious Institutions, lot size less than
one acre.
A P X P
Religious Institutions, lot size more than
one acre.
C A X P
Studio - Art, dance, martial arts, music,
etc.
P X X X
RESIDENTIAL
Duplex P (1) X X A
Home occupation P P X P ACC 18.60
Live/Work – Work/Live unit A P X A
Multiple-family dwellings, stand alone P (2) A (3) X A
One detached single-family dwelling P X X X
Nursing Home, assisted living facility A A X P
Senior housing A A X A
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Notes:
(1) Duplexes, 3,600 square feet of lot area per dwelling unit is required
(2) Multi-family dwellings; provided that 2,400 square feet of lot area is provided for each dwelling unit
(3) Multi-family dwellings; provided 1,200 square feet of lot area is provided for each dwelling unit. (Ord. 6269 §
28, 2009)
(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.
18.35.040 Development Standards
A. 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 ZONE DEVELOPMENT STANDARDS
Permitted, Administrative, Conditional and Prohibited Uses by Zone P - Permitted
A – Administrative
C - Conditional
X - Prohibited
LAND USE Zoning Designations Standards for
Specific Land Uses RO RO-H P-1 I
RETAIL
Restaurant, cafe, coffee shop, excluding
drive-through facilities
A A P A
SERVICES
Banking and related financial institutions,
excluding drive-through facilities (4)
P P X X
Daycare, including mini daycare, daycare
center, preschools or nursery schools
A P X P
Home-based daycare P P X P
Medical services - clinic, or urgent care
(4)
P P X X
Mortuary, funeral home, crematorium X P X X
Professional Offices P P X A
Personal service shops P P X X
Pharmacies X P X X
Development
Feature
Requirement by Zones
RO
Residential
Office
RO-H
Residential
Office - Hospital
P-1
Public Use
I
Institutional
Minimum lot
Area 7,200 sf None None 6,000 sf
Minimum lot
width, depth 50 ft, 80 ft None None 60 ft, 80 ft
Maximum lot 55 percent (1) None None 35 percent
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Notes:
(1) New single family residential or conversions of single-family residences to commercial uses with
additions greater than a total or cumulative of 200 square feet on the property since the adoption of
Ordinance No. 6231, 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.
(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.
18.35.50 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 addresses compliance with the requirements as outlined in this
coverage
Setbacks Minimum setbacks required for primary structures. See ACC 18.31.070 for
exceptions to these requirements.
Front 20 ft (2) 10 ft 20 ft 20 ft
Side - Interior 5 ft None 5 ft (4) 5 ft
Side - Corner 10 ft 10 feet 10 ft 10 ft
Rear 25 ft (3) None 25 ft 25 ft
Accessory
structure(s)
See note (5)
below NA NA See note (5)
below
Height limit Maximum allowable height of structures. See ACC 18.31.030 (Height
Limitations - Exceptions) for height limit exceptions.
Maximum
height 35 ft 65 ft 45 ft 45 ft (6)
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
Non-
Conforming
structures,
land and uses.
See Chapter 18.54 ACC
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subsection. The plans shall be approved by the planning director or designee prior to the issuance of
any building permits.
F. 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.
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CHAPTER 18.57 1
STANDARDS FOR SPECIFIC LAND USES 2
3
Sections: 4
18.57.010 Intent. 5
18.57.015 Applicability. 6
18.57.020 Industrial, Manufacturing and Processing, Wholesaling. 7
18.57.025 Recreation, Education and Public Assembly. 8
18.57.030 Residential. 9
18.57.035 Retail. 10
18.57.040 Services. 11
18.57.045 Transportation, Communication and Infrastructure. 12
18.57.050 Vehicle Sales and Services. 13
14
18.57.010 Intent. 15
16
This Chapter provides site planning, development, and/or operating standards for certain land uses that 17
are allowed by individual or multiple zoning districts, and for activities that require special standards to 18
mitigate their potential adverse impacts. 19
20
18.57.015 Applicability. 21
22
The land uses and activities covered by this Chapter shall comply with the provisions of the Sections 23
applicable to the specific use, in addition to all other applicable provisions of this Zoning Code. The 24
standards for specific land uses in this Chapter supplement and are required in addition to those in ACC 25
18.23.040 and ACC 18.35.040 – Development standards. 26
27
18.57.020 Industrial, Manufacturing and Processing, Wholesaling. 28
A. Outdoor storage, incidental to principal permitted use on property 29
1. C-3 Zone 30
Outdoor storage is subject to the following requirements: 31
a. Outdoor storage shall be limited to an area no greater than 10 percent of the lot. 32
b. Outdoor storage shall be located between the rear lot line and the extension of the front 33
facade of the principal structure, provided also that for corner lots no outdoor storage is 34
allowed between a building and a side street lot line. For through lots, the location for outdoor 35
storage shall be determined by the planning director. 36
c. Outdoor storage shall not be located in a required yard/setback area. 37
d. Outdoor storage shall not be permitted on undeveloped lots. 38
e. Outdoor storage shall be limited to 15 feet in height. 39
f. Outdoor storage areas shall be landscaped in accordance with ACC 18.50.040.C(5) 40
g. Outdoor storage areas shall consist of a hard surface material of either gravel or paving. 41
h. Outdoor storage shall consist of supplies, materials, and/or equipment that are in working and 42
usable condition. 43
i. Outdoor storage of unworkable and/or unusable equipment, supplies or materials is not 44
permitted. 45
2. M-1 Zone 46
Outdoor storage is subject to the following requirements: 47
a. Outdoor storage shall be limited to an area no greater than 50 percent of the lot. 48
b. Meet requirements b through j of ACC18.57.020(A)(1) C-3 Zone, above. 49
3. EP Zone 50
Outdoor storage is subject to the following requirements: 51
a. Outdoor storage shall be limited to an area no greater than 15 percent of the lot. 52
b. Meet requirements b through j of ACC18.57.020(A)(1) C-3 Zone, above. 53
4. M-2 Zone 54
Outdoor storage is subject to the following requirements: 55
a. Outdoor storage shall be landscaped in accordance with ACC 18.50.040.C(5). 56
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b. Outdoor storage shall not be permitted on undeveloped lots. 1
c. Outdoor storage shall be limited to 30 feet in height. 2
B. Storage - Personal storage facility (mini-storage) 3
1. All Zones where permitted 4
a. The design of facades, landscaping and lighting of premises shall be compatible with the 5
intent of the applicable district. 6
b. Storage unit doors shall be screened or located so as to not be visible from residential 7
property. 8
c. There shall be no outside storage of goods or materials of any type at the personal storage 9
facility except that of wheeled vehicles (recreational vehicles, campers, trailers, trailer-10
mounted boats, motorized vehicles, etc. – but not inoperable motor vehicles). Such vehicles 11
may be stored in areas that have been specifically designated and set aside for such use, in 12
accordance with the following: 13
i. Vehicles shall be screened from view of public, residential and other 14
commercial property with sight-obscuring fencing or berms at least eight (8) ft 15
in height. When berms are used they shall be landscaped with shrubbery 16
and/or trees. 17
ii. Storage of recreational vehicles and trailer mounted boats shall not occur in 18
required parking spaces, drives and/or lanes between storage buildings, 19
parking lanes, or within required building setbacks. 20
iii. No vehicle or boat maintenance, washing, or repair shall be permitted. 21
d. Storage units shall not be used for manufacturing, fabrication, processing of goods, 22
conducting servicing or repair; nor used to conduct garage sales or retail sales; nor conduct 23
any other commercial or industrial activity. 24
C. Warehousing and distribution 25
1. All Zones where permitted 26
a. Loading and unloading docks shall not be visible from the street. If this requirement cannot 27
be met an additional 10-foot width of landscaping along the abutting street, meeting the 28
provisions of ACC 18.50.040.C (Landscape Design and Planting Requirements), is required. 29
b. All odors, noise, vibrations, heat, glare, or other emissions shall be controlled within the 30
confines of a building unless specifically permitted elsewhere by this title. 31
c. No on-site hazardous substance processing and handling, or hazardous waste treatment and 32
storage facilities, shall be permitted, unless clearly incidental and secondary to a permitted 33
use. On-site hazardous waste treatment and storage facilities shall be subject to the state 34
siting criteria (Chapter 70.105 RCW). 35
2. C3 and EP Zone 36
a. Motor freight transportation is permitted but only as an incidental use to the principal use of 37
the property. 38
b. No more than 50 percent of gross floor space shall be devoted to warehouse uses. 39
40
18.57.025 Recreation, Education and Public Assembly. 41
A. Commercial recreation facility, outdoor 42
1. All Zones where permitted 43
a. Facility shall not be located within three hundred (300) feet of an existing residential zone, 44
use or structure. The planning director may allow a reduction in this setback, not to exceed a 45
minimum setback of 50 feet, after review of an acoustic study completed by a licensed 46
professional showing that the facility would not exceed maximum noise levels permissible in 47
identified environments as determined by Chapter 173-60 WAC, as amended. 48
b. The planning director may require an acoustic study for any proposed facility which could 49
have or create a noise exposure greater than that deemed acceptable. Upon review of the 50
study, increased setbacks, noise avoidance or mitigation measures may be imposed. 51
c. Outdoor speakers and sound amplification shall not be permitted for uses immediately next to 52
residential uses. 53
d. Access to such facilities shall be from a public arterial or collector road as defined on the 54
currently adopted City of Auburn Street Functional Classification Map. 55
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1
18.57.030 Residential 2
A. Multiple-family dwellings as part of a mixed-use development; 3
1. C-1 Zone 4
Multiple-family dwelling as part of a mixed-use development is allowed provided, that compliance 5
to all of the following is demonstrated: 6
a. Multiple-family dwellings shall only occur concurrent with or subsequent to the development 7
and construction of nonresidential components of the mixed-use development; 8
b. Applications for mixed-use development inclusive of multiple-family residential dwellings shall 9
include transportation and traffic analyses appropriate to the type and scale of the proposed 10
development based on the concurrent determination of the planning director and city 11
engineer. The planning director and city engineer may require the analysis to address, 12
including, but not limited to, a.m. or p.m. traffic impacts; and/or area circulation planning for 13
motorized and nonmotorized modes of travel and connectivity; and/or transportation demand 14
management (TDM) strategies; 15
c. Applications for the mixed-use development inclusive of multifamily residential dwellings shall 16
include written and plan information demonstrating compliance to applicable design 17
standards for mixed-use development contained in the city of Auburn multifamily and mixed-18
use design standards; 19
d. Applications for the mixed-use development inclusive of multifamily residential dwellings shall 20
comply, as applicable, with the neighborhood review meeting requirements of ACC 18.02.130 21
(Neighborhood review meeting); 22
e. Mixed-use development comprised of a maximum of one building on a development site shall 23
have the entire ground floor comprised of one or more commercial retail, entertainment or 24
office uses that are permitted outright or conditionally; provided, that uses normal and 25
incidental to the building, including, but not limited to, interior entrance areas, elevators and 26
associated waiting areas, mechanical rooms, and garbage/recycling areas, may be allowed 27
on the ground floor, except that non-street frontage vehicle garages located on the ground 28
floor together with all other normal and incidental uses shall occupy a maximum of 50 percent 29
of the ground floor space; and 30
f. Mixed-use development that is geographically distributed on a development site amongst two 31
or more buildings shall have a minimum of 50 percent of the cumulative building ground floor 32
square footage comprised of one or more commercial retail, entertainment or office uses that 33
are permitted outright or conditionally. 34
2. C-2 Zone 35
Multiple-family dwellings are permitted as part of a mixed-use development provided they are: 36
a. Located in a multistory building the ground floor of which must contain a permitted use listed 37
in the land use table found under ACC 18.23.030 - “Permitted, Administrative, Conditional 38
and Prohibited Uses by Zone”. No density limitations shall apply. 39
3. C-3 Zone 40
Multiple-family dwellings are permitted as part of a mixed-use development provided 1200 square 41
feet of lot area is provided for each dwelling unit. 42
4. C-4 Zone 43
Multiple-family dwellings are permitted provided they are: 44
a. Located in a multistory building and the ground floor must contain a permitted use or 45
combination of uses, other than parking facility. 46
b. An exception to this ground floor commercial requirement is allowed for uses accessory to 47
the upper story residential at a rate of 1,500 square feet of area per upper story of residential. 48
The ground floor areas accessory to the upper story residential may include, but are not 49
limited to, entry space, lobby, hallway, mail areas. The 1,500 square feet of upper floor area 50
does not include exiting required to meet applicable building and fire codes. 51
5. M-1 Zone 52
Multiple-family dwellings are permitted as part of a mixed-use development, provided they are: 53
a. Located in a multi-story building the ground floor of which must contain one of the retail or 54
service uses listed in the land use table found under ACC 18.23.030 - “Permitted, 55
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Administrative, Conditional and Prohibited Uses by Zone”. The ground floor may contain 1
entrance and lobby areas which serve the dwellings. 2
B. Multiple-family dwellings, stand alone 3
1. C-3 Zone 4
Multiple-family dwellings are permitted provided; 5
a. 1200 square feet of lot area is provided for each dwelling unit; and 6
b. The multiple-family development is arranged in the following manner based on its orientation 7
to a public roadway (Scenarios 1-4): 8
9
10
11
12 When oriented along the roadways listed above: 13
Scenario 1: Vertical mixed-use (street level commercial, multi-family above) development required; or 14
Scenario 2: Horizontal mixed-use (commercial use along frontage, multifamily along the rear) required 15
16
17
18
19
20
21
22
23
24 When oriented along the roadways listed above: 25
Scenario 3: Land locked property. Property to the rear can be stand alone multifamily 26
27
28
29
30
C/MF
MF
Ea
s
e
m
e
n
t
Scenario 3
C/MF
MF
C
AUBURN WAY N
AUBURN WAY S
A ST SE
WEST VALLEY HWY, 15 ST NW/SW
C ST SW
Scenario 1 Scenario 2
AUBURN WAY N
AUBURN WAY S
A ST SE
WEST VALLEY HWY, 15 ST NW/SW
C ST SW
Legend
C = Commercial
MF = Multi-family
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1
2
3
4
5
6
7
8
9
10
When oriented along other minor arterials and non-residential collectors: 11
Scenario 4: Properties along streets that are less attractive to commercial uses, such as I St NE, stand 12
alone multi-family can be permitted. 13
2. EP Zone 14
Multiple-family dwellings are permitted provided; 15
a. The multiple-family development incorporates sustainable design and green building 16
practices and qualifies to be built green certified. 17
18
18.57.035 Retail. 19
A. Building and landscape materials sales 20
1. All Zones where permitted 21
a. Landscape materials displayed outdoors are limited to plants, soils, gravel, and fertilizer. No 22
soil mixing is allowed. 23
b. Stored materials other than landscape plant materials shall be completely screened by walls 24
or buildings and shall not protrude above the height of the enclosing walls or buildings or be 25
visible from a public right-of-way or adjacent residential zone or use and shall not be located 26
in any of the required setbacks. 27
c. Stored building supplies and landscaping materials shall be limited to 15 feet in height. The 28
planning director may authorize an increase in height, up to 50 percent, through an 29
administrative variance, subject to the procedures of Chapter 18.70.015 (A)(2) 30
B. Groceries, specialty food stores 31
1. EP Zone 32
a. Groceries and specialty food stores are limited to 20,000 square feet in size. 33
C. Nursery 34
1. All Zones where permitted 35
a. Aerial application of any pesticides, fungicides, fertilizer or any other chemical shall be 36
prohibited. 37
b. Operation of heavy equipment is prohibited. 38
c. Outdoor storage and display of landscape plant materials (excluding elements such as 39
mulch, pebbles, gravel stone, fertilizer, wood, sculptures, furniture, etc.) is permitted, but shall 40
not be located in the required setbacks. Chain link fences, with black or green vinyl covering, 41
are permitted for security purposes. 42
d. Stored materials other than landscape plant materials shall be completely screened by walls 43
or buildings and shall not protrude above the height of the enclosing walls or buildings or be 44
visible from a public right-of-way or adjacent residential districts or use and shall not be 45
located in any of the required setbacks. 46
D. Outdoor displays and sales 47
1. All Zones where permitted 48
a. Only the business or entity occupying the principal use or structure shall sell merchandise in 49
the outdoor display areas. 50
b. All outdoor displays must be located on the same lot as the principal use. 51
c. Such outdoor display is permitted in any front or side yard, subject to a minimum setback of 52
20 feet from an adjoining property line. 53
MF
Minor Arterials
Non-Res Collectors
I ST NE, 6TH ST SE, e.g.
Legend
C = Commercial
MF = Multi-family
Scenario 4
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d. Merchandise shall not be placed or located where it will interfere with pedestrian or building 1
access or egress, required vehicular parking and handicapped parking, aisles, access or 2
egress, loading space parking or access, public or private utilities, services or drainage 3
systems, fire lanes, alarms, hydrants, standpipes, or other fire protection equipment, or 4
emergency access or egress. 5
e. The height of displayed merchandise shall not exceed the height of any fence or wall or 10 6
feet, whichever is less. 7
f. Outdoor display areas shall not be located on any parking spaces needed to comply with the 8
minimum parking ratios in ACC 18.52 – Off Street Parking and Loading. Outdoor display 9
areas shall be considered part of the floor area of the principal use or structure for purposes 10
of computing the minimum number of parking spaces required. 11
12
18.57.040 Services. 13
A. Animal daycare 14
1. All Zones where permitted 15
a. All pets shall be properly licensed. 16
b. For any dog that has been designated as a “dangerous dog” or “potentially dangerous dog” 17
as defined by Auburn City Code (ACC) the operator shall verify that the owner has complied 18
with the regulations (on noticing, licensing, certificate of registration, restraining, etc.) 19
contained in ACC Chapter 6.35 – Dangerous Dogs. The owner shall ensure the facility meets 20
the requirements for a “proper enclosure” as set forth in ACC 6.35.010D. 21
c. All fenced exercise areas must be at least 50 feet from a habitable residential structure. 22
d. Adequate screening shall be required when abutting any residential use. 23
e. General care of pets must be confined to inside of building and under supervision. 24
f. Pets are permitted to be walked or exercised outside of building only under supervision and 25
in accordance with all other applicable ordinances and laws. 26
g. The exterior appearance of an animal day care building must be compatible with the 27
appearance of neighboring properties. 28
B. Animal sales and services 29
1. All Zones where permitted 30
a. All sales and services shall be for household pets only. 31
b. Overnight boarding is allowed within a completely enclosed building; however, animal 32
services or sales uses over 20,000 square feet in gross floor area that use a majority of their 33
gross floor area for retail sales, shall have no more than 15 percent of their gross floor area 34
devoted to overnight boarding. 35
c. Animal sales and services use must be completely enclosed except that outdoor animal runs 36
or other areas in which dogs will be allowed outside of an enclosed structure off leash 37
(hereinafter “outdoor run”) are allowed subject to compliance with the following conditions: 38
i. Outdoor runs shall not be permitted within 50 feet of a habitable residential 39
structure. 40
ii. The outdoor run may operate only between the hours of 8:00 a.m. and 6:00 41
p.m. 42
iii. The facilities shall be constructed, maintained and operated so that neither the 43
sound nor smell of any animals boarded or kept on the premises during the 44
time that full enclosure is required can be discerned on other lots. 45
C. Kennels, animal boarding 46
1. All Zones where permitted 47
a. All pens shall be enclosed in an enclosed building. 48
b. The property on which the kennel is to be located shall be no closer than one hundred (100) 49
feet to any residential zone. 50
c. Limited outdoor exercise runs or facilities shall be permitted so long as their hours of use are 51
restricted to the hours between 8:00 a.m. and 6:00 p.m. 52
d. The facility must be air conditioned. 53
e. Exercise runs or facilities shall be a minimum of four (4) feet by ten (10) feet. 54
f. The facility shall maintain a minimum total of twenty-five (25) square feet of kennel area per 55
animal. This area may be comprised of cage area, runs, or exercise facilities. 56
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g. Any outdoor areas used for animal containment or exercise shall be maintained by removing 1
animal waste on a regular basis for proper disposal as solid waste. 2
h. Any runoff, wash-down water, or waste from any animal pen, kennel, containment, or 3
exercise area shall be collected and disposed of in the sanitary sewer after straining of solids 4
and hair and shall not be allowed to enter the stormwater drainage or surface water disposal 5
system . 6
i. Strained solids and hair shall be properly disposed of as solid waste. 7
D. Repair service – equipment, appliances 8
1. C-1, C-2, and C4 Zones 9
a. Any repairing done on the premises shall be incidental only, and limited to custom repairing 10
of the types of merchandise sold on the premises at retail. The floor area devoted to such 11
repairing shall not exceed 30 percent of the total floor area occupied by the particular 12
enterprises. 13
14
18.57.045 Transportation, Communication and Infrastructure. 15
A. Towing storage yard 16
1. M-1 and M-2 Zone 17
a. Motor vehicle(s) shall not remain on the property for more than one-hundred-twenty (120) 18
days. 19
b. Motor vehicle(s) may not be repaired, restored, rebuilt, or otherwise altered on the property. 20
c. Motor vehicle(s) shall not be stacked vertically. 21
d. Vehicle parts and scrap metal shall not be stored on the property. 22
e. The sale of motor vehicles shall not be permitted. 23
f. The towing storage yard shall be landscaped in accordance with ACC 18.50.040.C(5) 24
g. Any motor vehicles which are damaged so as to be leaking fluid shall be brought to a 25
impervious surface where all fluids shall be contained and disposed of in conformance with 26
all state and federal regulations. 27
h. The applicant shall install a separator or other use generally accepted industry device or 28
practice that provides equal/protection to prevent any leaking fluids from the motor vehicles 29
from entering the soil or surface waters. 30
31
18.57.050 Vehicle Sales and Services. 32
A. Automobile washes (automatic, full or self-service) 33
1. All Zones where allowed 34
An automatic, full-or self-service car wash shall comply with the following standards: 35
a. Proper functioning of the site as related to vehicular stacking, circulation, and turning 36
movements. 37
b. The use of outdoor speakers is prohibited. 38
c. Car washes I detailing shall be located at least fifty (50) feet from any residential zone, use, 39
or structure. 40
d. Car wash openings must be oriented away from residential zones, use or structures. 41
B. Auto/vehicle sales and rental 42
1. C-1 Zone 43
a. The business shall be located on a principal or minor arterial as defined by the 44
comprehensive transportation plan; 45
b. No repairing, painting or body work shall be conducted outside of a building; 46
c. If abutting an R zone, a sight-obscuring fence or landscape screen shall be required; 47
d. A minimum of a 25-foot setback shall be required of any building from any R zone; 48
e. Other landscaping or architectural improvements may be required to ensure compatibility with 49
present and potential C-1 uses in the vicinity; 50
C. Fueling station 51
1. C-2 Zone 52
a. The fueling station must be accessory to an existing retail/service establishment in which the 53
principal tenant has a minimum floor area of at least 25,000 square feet. The principal tenant 54
must own and/or manage the station. The station must be located on the same parcel of 55
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property as the principal tenant and the property must be at least 100,000 square feet in 1
area. 2
b. The station must be located on the property to minimize the amount of conflict to the 3
pedestrian traffic. 4
c. The station must be located on and have direct access to an arterial using existing curb cuts 5
and driveways whenever practical. If the curb cuts and driveways do not meet current city 6
standards, then they shall be brought up to such standards. 7
d. The station cannot interfere with the existing parking and/or traffic circulation on the property. 8
There shall be enough room on the property to allow for adequate stacking space for vehicles 9
waiting for fuel in order to avoid cars interfering with vehicles on the street. The facility cannot 10
reduce the amount of parking required by the zoning code. 11
e. The station shall have a roof that covers all activities including the pay window, refuse 12
containers, fuel pumps and the adjacent parking area for the cars being fueled. The area that 13
is covered by the roof of the facility shall be no larger than 6,000 square feet. The number of 14
pumps shall be limited to five such that no more than 10 vehicles may be fueled at any one 15
time. 16
f. Columns or similar architectural features shall be provided that screen the visibility of the 17
pump islands as well as give the visible impression of enclosing the structure. If necessary, 18
provisions must be made to avoid a safety issue of enclosing any fumes associated with the 19
fueling of the vehicles. The overall height of the facility shall not exceed 20 feet. 20
g. The design, architectural treatment and streetscape features of the station must be consistent 21
with the design concepts as outlined in paragraph "P" of Section 1.4 of the downtown plan as 22
well as provide some design continuity between the facility and primary structure. 23
h. Any other products for sale shall only be displayed within the building containing the pay 24
window and any such products shall be incidental to automobile care/maintenance, or snacks 25
and beverages. No sales of alcoholic beverages will be allowed. 26
i. Signs shall be limited to permanent wall signs, attached to the face of the canopy, only. 27
j. The application for the administrative use permit shall illustrate how it complies with these 28
standards. (Ord. 6269 § 31, 2009.) 29
2. Other Zones where permitted 30
a. Fueling station canopies shall not exceed 20 feet in height or the height of the principal 31
building, whichever is less; 32
b. Canopies shall be architecturally integrated with the principal building and all other accessory 33
structures on the site through the use of the same or compatible materials, colors, and roof 34
pitch. 35
c. Any lighting fixtures or sources of light that are a part of the underside of the canopy shall be 36
recessed into the underside of the canopy so as not to protrude below the canopy ceiling 37
surface more than 2 inches. 38
d. All surfaces for exterior building façades or canopies shall be finished to match the surfaces 39
of the principal structure. 40
D. Vehicle services – repair/body work 41
1. C-2 Zone 42
a. No vehicles stored outside that are not operable unless such vehicles are contained within a 43
fenced and paved area. The entire perimeter of the outdoor storage area shall be landscaped 44
with landscaping pursuant to 18.50.040.C(5). The maximum size of the outdoor storage area 45
shall be no more than 25 percent of the associated building area. 46
2. Other Zones where permitted 47
a. Outdoor work areas shall be fenced, walled or screened to minimize on and off -site noise, 48
glare, odor, or other impacts. 49
b. All repair work or lubrication shall be conducted within the principal building. All permanent 50
storage of materials, merchandise, or repair and servicing equipment shall be contained 51
within the principal building. 52
c. All body work and painting shall be conducted within fully enclosed buildings. 53
d. No operator shall permit the storage of motor vehicles for a period in excess of twenty-four 54
(24) hours unless the vehicles are enclosed in the principal building. 55
Notification for 60-Day Review
of Development Regulation Amendment
Pursuant to RCW 36.70A.106, the following hereby provides 60-day notice of intent to adopt the following
development regulation amendments.
Jurisdiction Name:
City of Auburn
Address: 25 West Main Street, Auburn, WA 98001
Date: July 17, 2012
Contact Name for Ordinance: Stuart Wagner, Planner
Phone Number: (253) 804-5031
Fax Number: (253) 804-3114
E-Mail Address: swagner@auburnwa.gov
Brief Description of the
Proposed Development
Regulation Amendment:
Check the box if this is
Supplemental Material for an existing
amendment already submitted to
CTED. Please also provide the date
submitted and/or CTED Material ID
number.
Group 2 of Phase 2 Code Amendments to Title 18 -
Zoning, of the Auburn City Code.
The Code Update Project began in September 2008 and is
progressing in two phases. Phase 1, completed in June of
2009, updated the City’s residential-related zoning districts
(Title 18 ACC) and subdivision code (Title 17 ACC). Phase 2
updates the City’s non-residential related zones (Title 18
ACC). The proposal under Phase 2 - Grouping 2 will add
new definitions, consolidate many chapters that currently
regulate the City’s non-residential zones (uses and
development standards), creates a new Chapter containing
standards for specific land uses and moves the Hearing
Examiner chapter out of Title 18 - Zoning and into Title 2 –
Administration and Personnel.
Planned Public Hearing Date: August 21, 2012
Planned Date of Adoption: September, 2012
Please Attach a Draft of the
Proposed Amendment. See Attachments
Dear Mr. Wagner:
Planner
City of Auburn Planning Department
25 W Main Street
Auburn, Washington 98001-4998
Thank you for sending the Washington State Department of Commerce (Commerce) the following materials as
required under RCW 36.70A.106. Please keep this letter as documentation that you have met this procedural
requirement.
July 23, 2012
Stuart Wagner
City of Auburn - Proposed code updates, including new definitions, consolidated chapters that
regulate the City’s non-residential zones (uses and development standards), creates a new Chapter
containing standards for specific land uses, etc. (Group 2, Phase 2 updates). These materials were
received on July 17, 2012 and processed with the Material ID # 18271.
We have forwarded a copy of this notice to other state agencies.
If this submitted material is an adopted amendment, then please keep this letter as documentation that you
have met the procedural requirement under RCW 36.70A.106.
If you have submitted this material as a draft amendment, then final adoption may occur no earlier than sixty
days following the date of receipt by Commerce. Please remember to submit the final adopted amendment
to Commerce within ten days of adoption.
If you have any questions, please contact Growth Management Services at reviewteam@commerce.wa.gov,
or call Dave Andersen (509) 434-4491 or Paul Johnson (360) 725-3048.
Sincerely,
Review Team
Growth Management Services
Page 1 of 3
Memorandum
To: Judi Roland, Chair, Planning Commission
Kevin Chapman, Vice Chair, Planning Commission
Planning Commission Members
From: Hillary Taylor, Senior Planner
CC: Kevin Snyder, AICP, Planning and Development Director
Date: September 20, 2012
Re: Wireless aesthetics code update discussion
At the October 2, 2012 Planning Commission meeting, staff will present the following
memorandum to the Commissioners regarding the regulation of the siting of wireless
communication facilities.
Background
During the September 10, 2012 Planning Community and Development Committee meeting,
staff presented a memo on regulation of wireless communication facilities. At a previous
Planning and Community Development Committee meeting a question about cell towers was
raised and staff was asked to provide information on stealth and aesthetic design options at a
future Committee meeting. The City’s wireless regulations were last substantially amended in
March 2002 (Ordinance No. 5645).
Staff Research
Wireless regulations from the Cities of Federal Way, Sumner, and Kent are included as
attachments B, C, and D. These communities have regulations in place to govern the
aesthetic design of wireless utilities that are similar in nature to the regulations in the Auburn
City Code which generally require height limitations, landscaping provisions, setback
requirements and co-location requirements.
Landscaping
regulations
Setback requirements Co-location
requirements
City of Federal
Way
YES – screening
ground equipment
YES – varies by zone YES
City of Sumner YES - maintenance
of existing vegetation
plus specific
requirements by zone
YES – varies by zone YES
Page 2 of 3
City of Kent YES – screening the
ground equipment
YES – varies by zone YES
City of Auburn YES – screening of
ground equipment
YES – varies by zone
plus additional setback
if adjacent to residential
zone for new support
structures
YES
Auburn has a section in the following aesthetics code (ACC 18.31.100.F ‘Wireless
communications facilities siting standards’):
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 place on or affixed to any part of the wireless
communication facility, 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.”
Summarized below are the wireless utility aesthetics regulations adopted by the City of
Sammamish:
City of Sammamish regulations
Adopted in 2010, the City of Sammamish adopted regulations regarding wireless
communication facilities. Please see the attached copy of Chapter 21A.55 Wireless
Communication Facilities regulations from the City of Sammamish (Attachment E). The City of
Sammamish has regulations for concealed antennas that require the antennas to “reflect the
visual characteristics of the structure to which they are attached and shall be designed to
architecturally match the façade, roof, wall, or structure on which they are affixed so that they
blend with the existing structural design, color, and texture. This shall include the use of colors
and materials, as appropriate. When located on structures such as buildings or water towers,
the placement of the antennas on the structure shall reflect the following order of priority in
order to minimize visual impact:
(i) A location as close as possible to the center of the structure; and
Page 3 of 3
(ii) Along the outer edges or side-mounted; provided, that in this instance, additional
means such as screens should be considered and may be required by the department on
a case-by-case basis; and
(iii) When located on the outer edge or side-mounted, be placed on the portion of the
structure less likely to be seen from the adjacent lands containing, in descending order of
priority; existing residences, public parks and open spaces, and public roadways.”
Discussion
Within the wireless utility industry the equipment, terminology and customer needs have
changed, and an update to the wireless utility code sections of the Auburn City Code could
either incorporate new aesthetic design regulating provisions, just update terminology, or both.
The terminology update may allow staff to better communicate the needs of the City to
wireless utility providers seeking to improve their services. There is concurrence by the
Planning and Community Development Committee to begin work ing with the Planning
Commission on an update to the existing wireless utility regulations of the Auburn City Code to
better reflect current equipment and terminology and to better regulate the aesthetics of
wireless utilities to protect neighboring property values. Staff has begun to research whether
new primary support structures are still needed as wireless facility providers in the recent past
of mainly been co-locating on existing facilities. The integration into a new or existing structure
masks the utility, and benefits the property owner by creating visual interest to the building, and
by generating revenue that can be achieved through a lease agreement to allow the
integration of the utility into the building.
Discussion Questions
1. Does the Planning Commission agree with the Planning and Community Development
Committee that the terminology regarding wireless communication facilities needs to
be updated?
2. What are the Planning Commission’s thoughts on whether new wireless facility support
structures should be required to be integrated into new or existing structures or
incentivize integration into new or existing structures?
3. Should staff mandate or incentivize other aesthetic design controls? In the case of the
incentive approach, the provider could obtain greater flexibility from the City if it
voluntarily pursued aesthetic design for its project.
4. What other questions or information would the Commission like regarding this issue?
Attachments:
Attachment A – Regulations from the City of Auburn
Attachment B – Regulations from City of Federal Way
Attachment C – Regulations from City of Sumner
Attachment D – Regulations from City of Kent
Attachment E – Regulations from City of Sammamish
Attachment A
Chapter 19.255
PERSONAL WIRELESS SERVICE FACILITIES
Sections:
19.255.010 Personal wireless service facilities (PWSF).
19.255.020 Development standards.
19.255.030 Nonconformance.
19.255.040 Temporary personal wireless service facilities.
19.255.050 Application requirements.
19.255.060 Collocation.
19.255.070 Removal of facility.
19.255.080 Revocation of permit.
19.255.010 Personal wireless service facilities (PWSF).
(1) Purpose. This section addresses the issues of location and appearance
associated with personal wireless service facilities. It provides adequate siting
opportunities through a wide range of locations and options which minimize
safety hazards and visual impacts sometimes associated with wireless
communications technology.
(2) Definitions. Any words, terms or phrases used in this section which are not
otherwise defined shall have the meanings set forth in Chapter 19.05 FWRC.
(3) Exemptions. The following antennas and facilities are exempt from the
provisions of this section and shall be permitted in all zones consistent with
applicable development standards as outlined in the use zone charts, FWRC
Title 19, Division VI, Zoning Regulations:
(a) Wireless communication facilities used by federal, state, or local
public agencies for temporary emergency communications in the event of a
disaster, emergency preparedness, and public health or safety purposes.
(b) Industrial processing equipment and scientific or medical equipment
using frequencies regulated by the FCC; provided such equipment complies with
all applicable provisions of FWRC 19.110.050, Compliance generally,
19.110.060, Exceptions, and 19.110.070, Rooftop appurtenances – Required
screening.
(c) Citizen band radio antennas or antennas operated by federally
licensed amateur (“ham”) radio operators; provided such antennas comply with
all applicable provisions of FWRC 19.110.050, Compliance generally,
19.110.060, Exceptions, and 19.110.070, Rooftop appurtenances – Required
screening.
(d) Satellite dish antennas less than two meters in diameter, including
direct-to-home satellite services, when used as a secondary use of the property;
provided such antennas comply with all applicable provisions of FWRC
19.110.050, Compliance generally, 19.110.060, Exceptions, and 19.110.070,
Rooftop appurtenances – Required screening.
(e) Automated meter reading (AMR) facilities for the purpose of collecting
utility meter data for use in the sale of utility services, except for whip or other
antennas greater than two feet in length; provided the AMR facilities are within
the scope of activities permitted under a valid franchise agreement between the
utility service provider and the city.
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Attachment B
(f) Routine maintenance or repair of a wireless communication facility
and related equipment excluding structural work or changes in height,
dimensions, or visual impacts of the antenna, tower, or buildings; provided, that
compliance with the standards of this title is maintained.
(g) Equipment cabinet additions or upgrades within existing equipment
enclosures or buildings, so long as there is no material area expansion of the
equipment enclosure or building, or change to the approved architectural design
of the existing equipment enclosure or building.
(4) Prioritized locations. The following sites shall be the required order of
locations for proposed PWSFs, including antenna and equipment shelters. In
proposing a PWSF in a particular location, the applicant shall analyze the
feasibility of locating the proposed PWSF in each of the higher priority locations
and document, to the city’s satisfaction, why locating the PWSF in each higher
priority location and/or zone is not being proposed. In order of preference, the
prioritized locations for PWSFs are as follows:
(a) Structures located in the BPA trail. A PWSF may be located on any
existing support structure currently located in the easement upon which are
located U.S. Department of Energy/ Bonneville Power Administration (“BPA”)
Power Lines regardless of underlying zoning.
(b) Existing broadcast, relay and transmission towers. A PWSF may be
located on an existing site or tower where a legal wireless telecommunication
facility is currently located regardless of underlying zoning. If an existing site or
tower is located within a one-mile radius of a proposed PWSF location, the
applicant shall document why collocation on the existing site or tower is not
being proposed, regardless of whether the existing site or tower is located within
the jurisdiction of the city.
(c) Institutional structures. If the city, institutional uses, or other public
agency consents to such location, a PWSF may be located on existing
structures, such as water towers, utility structures, fire stations, bridges,
churches, schools and other public buildings within all zoning districts, provided
the public facilities are not located within public rights-of-way.
(d) Appropriate zoning districts. A PWSF may be located on private
buildings or structures within nonresidential zoning districts as allowed by the
zoning chart.
(e) Appropriate public rights-of-way. For the purposes of this section,
appropriate public rights-of-way shall be defined as including those public rights-
of-way with functional street classifications of principal arterial, minor arterial,
and principal collector. A PWSF may be located on existing structures in
appropriate public rights-of-way. Structures proposed for location of PWSFs
shall be separated by at least 330 linear feet. Location of a PWSF on an existing
structure in an appropriate public right-of-way shall require a right-of-way permit
in addition to the required use process approval.
If the PWSF is proposed to be located in an appropriate public right-of-
way and the surrounding uses or zoning are not the same, that portion of the
right-of-way with the most intensive use and/or zoning shall be the preferred
location.
If the PWSF is proposed to be located in an appropriate public right-of-
way and surrounding uses or zoning are the same, the preferred location shall
be that portion of the right-of-way with the least adverse visual impacts.
(f) If the applicant demonstrates to the city’s satisfaction that it is not
technically possible to site in a prioritized location, the city reserves the right to
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approve alternative site locations if a denial would be in violation of the
1996 Telecommunications Act, as determined by the city.
(Ord. No. 09-633, § 3, 11-17-09; Ord. No. 08-585, § 3(Exh. A), 11-4-08; Ord. No.
01-399, § 3, 8-7-01; Ord. No. 00-363, § 14, 1-4-00; Ord. No. 97-300, § 3, 9-16-
97. Code 2001 § 22-966.)
19.255.020 Development standards.
The following development standards shall be followed in the design, siting,
and construction of a personal wireless service facility:
(1) Building- or structure-mounted PWSFs on existing buildings or structures
in or out of the public right-of-way. PWSFs mounted on existing buildings and
structures shall conform to the following development standards:
(a) The PWSF shall consist only of the following types of facilities:
(i) A microcell or a minor facility; or
(ii) A PWSF that exceeds the minor facility thresholds for number of
antennas, dimensions, and/or area, but creates no more adverse impacts than a
minor facility, as determined by the director of community development services,
subject to meeting all of the following standards:
(A) The facility shall not create substantially more adverse
visual impact than a minor facility; and
(B) The equipment cabinet for the PWSF shall meet all
requirements of subsection (4) of this section; and
(C) The maximum size of the PWSF panels and number of
antennas shall be determined by the director of community development
services, based on the specific project location, surrounding environment, and
potential visual impacts; and
(D) The PWSF shall comply with all other applicable standards
of the Federal Way Revised Code.
(b) The combined antennas and supporting structure may extend up to,
but not exceed, 15 feet above the existing or proposed roof or other structure
regardless of whether the existing structure is in conformance with the existing
maximum height of the underlying zone as outlined in the use zone charts,
FWRC Title 19, Division VI, Zoning Regulations. Antennas may be mounted to
rooftop appurtenances, as identified in FWRC 19.110.070, provided they do not
extend beyond 15 feet above the maximum height of the structure as defined
per FWRC 19.05.080, H definitions.
(c) For PWSFs located in the right-of-way, the combined antennas may
extend up to the minimum necessary height to meet safety clearances required
by the operator of the existing structure, but not exceed 15 feet above the
existing structure, plus the height of the proposed antennas as specified in
subsection (1)(e) of this section. The maximum allowable height of the new
structure with the PWSF antennas shall be determined by the director of
community development services, depending upon the antenna type, design,
location on the structure, and the proposed method of attachment. An existing
structure can be increased in height only once per a 12-month period. Any
structure, whether a new or replacement structure, located in a public right-of-
way must be similar in terms of size (except height), shape, color, material, and
location to the existing and surrounding structures, as determined by the director
of community development services. The antenna extension may be permitted
regardless of whether the existing structure is in conformance with the maximum
height of the underlying zone as outlined in the use zone charts, FWRC Title 19,
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Division VI, Zoning Regulations.
(d) The antennas are mounted on the building or structure such that they
are located and designed to minimize visual and aesthetic impacts to
surrounding land uses and structures and shall, to the greatest extent practical,
blend into the existing environment pursuant to subsection (3) of this section.
Panel and parabolic antennas shall be screened from residential views and
public rights-of-way unless meeting the provision of FWRC 19.110.070(2)(b).
(e) It is the applicant’s responsibility to prove that the maximum size of
the PWSF panels and number of antennas is the minimum size necessary. The
maximum size of antennas to be located on existing structures in a public right-
of-way shall be two feet in diameter for parabolic antennas, eight feet in height
for panel antennas, and 15 feet in height for whip antennas.
(f) Required setbacks shall not pertain to PWSFs within public rights-of-
way. Within residential zones, equipment enclosures, and buildings to house
equipment cabinets located above ground on properties adjacent to the public
right-of-way shall meet all applicable setback requirements for residential
development of the underlying zone. For developed sites in nonresidential
zones, the setback requirements for the equipment enclosure shall be those of
the principal use of the subject property. For undeveloped sites in nonresidential
zones, the setback requirements for the equipment enclosure shall be 20 feet for
front, side, and rear yards.
(2) New freestanding PWSFs. All requirements of the associated land use
zoning charts must be met. Additionally, these structures shall conform to the
following site development standards:
(a) Placement of a freestanding PWSF shall be denied if placement of
the antennas on an existing structure can meet the applicant’s technical and
network location requirements.
(b) Monopoles shall be the only freestanding structures allowed in the
city; except that a lattice tower may be used to accommodate the collocation of
four or more providers as part of a joint permit application.
(c) In no case shall a freestanding PWSF be located closer than 500 feet
to an existing freestanding PWSF whether it is owned or utilized by the applicant
or another provider.
(d) A freestanding PWSF, including the support structure and associated
electronic equipment, shall comply with all required setbacks of the zoning
district in which it is located. For developed sites, the setback requirements shall
be those of the principal use of the subject property. For undeveloped sites, the
setback requirements for new freestanding PWSFs shall be 20 feet for front,
side, and rear yards.
(e) Freestanding PWSFs shall be designed and placed on the site in a
manner that takes maximum advantage of existing trees, mature vegetation, and
structures so as to:
(i) Use existing site features to screen as much of the total PWSF as
possible from prevalent views; and/or
(ii) Use existing site features as a background so that the total
PWSF blends into the background with increased distances.
(f) In reviewing the proposed placement of a facility on the site and any
associated landscaping, the city may condition the application to supplement
existing trees and mature vegetation to more effectively screen the facility.
(g) Support structures, antennas, and any associated hardware shall be
camouflaged to blend in harmoniously within the existing site through the use of
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faux-structural designs, or when not technologically or aesthetically
feasible, painted in a nonreflective color scheme appropriate to the background
against which the PWSF would be viewed from a majority of points within its
viewshed. The proposed color or color scheme shall be approved by the hearing
examiner or director of community development services.
(3) Screening standards for all PWSFs. PWSFs shall be screened or
camouflaged through employing the best available technology and design, as
determined by the city. This may be accomplished by use of compatible
materials, location, landscaping, color, stealth techniques such as, but not
limited to, artificial trees and hollow flag poles, and/or other methods or
techniques to achieve minimum visibility of the facility as viewed from public
streets or residential properties. In addition, the provisions for landscaping as
outlined in the use zone charts, FWRC Title 19, Division VI, Zoning Regulations,
shall apply.
(4) Standards for electronic cabinets.
(a) Electronic cabinets shall either:
(i) Be placed in a new or existing completely enclosed building. It is
the applicant’s responsibility to prove that the maximum size of the building is
the minimum size necessary to house the equipment; or
(ii) Be placed above ground in a new or existing equipment
enclosure. It is the applicant’s responsibility to prove that the maximum size of
the building is the minimum size necessary to house the equipment.
(b) Equipment enclosures shall be screened with one or a combination of
the following methods, which shall be acceptable to the city: fencing, walls,
landscaping, structures, buildings or topography which will block the view of the
equipment enclosure to the greatest extent possible from any street and/or
adjacent properties, as determined by the director of community development
services. Screening may be located anywhere between the enclosure and the
above-mentioned viewpoints. Landscaping for the purposes of screening shall
be maintained in a healthy condition, pursuant to FWRC 19.125.090(2).
(c) If the equipment cabinet is located within a new enclosed building, the
building shall conform to all applicable development standards and design
guidelines for the underlying zone. The enclosed building shall be architecturally
designed and shall be compatible with existing buildings on the site. The
enclosed building shall be screened to the greatest extent possible from any
street and/or adjacent properties by landscaping and/or topography.
(5) Standards for equipment enclosures.
(a) Electronic equipment enclosures shall not be allowed within the right-
of-way.
(b) In residential zones, equipment enclosures located above ground on
properties adjacent to the public right-of-way shall meet all applicable setback
requirements for residential development of the underlying zone. For developed
sites in nonresidential zones, the setback requirements for the equipment
enclosure shall be those of the principal use of the subject property. For
undeveloped sites in nonresidential zones, the setback requirements for the
equipment enclosure shall be 20 feet for front, side, and rear yards. However, for
undeveloped sites in nonresidential zones, if the applicant can demonstrate that
the equipment enclosure can blend in harmoniously with the existing site and
complement the landscape buffer requirements of the underlying zone, as
determined appropriate by the director of community development services, the
equipment enclosure can be located inside of the 20-foot setback but outside of
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the required landscaping buffer of the underlying zone.
(c) Equipment enclosures shall be designed, located, and screened to
minimize adverse visual impacts from the public right-of-way and adjacent
properties.
(d) Equipment enclosures shall be designed, located, and screened to
minimize adverse visual and functional impacts on the pedestrian environment.
(e) Equipment enclosures and screening shall not adversely impact
vehicular sight distance.
(6) Security fencing.
(a) No fence shall exceed six feet in height as stipulated in FWRC
19.125.160(5).
(b) Security fencing shall be effectively screened from view through the
use of appropriate landscaping materials.
(c) Chain-link fences shall be painted or coated with a nonreflective color.
(7) Cumulative effects. The city shall consider the cumulative visual effects of
PWSFs mounted on existing structures and/or located on a given permitted site
in determining whether additional permits may be granted so as to not adversely
affect the visual character of the city.
(8) Signage. No wireless equipment shall be used for the purpose of mounting
signs or message displays of any kind, except for small signs used for
identification, hazard warning, and name of provider.
(9) Use zone charts, height and permit process.
(a) The final approval authority for applications made under this section
shall be defined by the appropriate permit process as outlined in the use zone
charts, FWRC Title 19, Division VI, Zoning Regulations.
(b) Allowed heights shall be established relative to appropriate process
as outlined in the use zone charts, FWRC Title 19, Division VI, Zoning
Regulations.
(Ord. No. 09-633, § 4, 11-17-09; Ord. No. 08-585, § 3(Exh. A), 11-4-08; Ord. No.
01-399, § 3, 8-7-01; Ord. No. 00-363, § 14, 1-4-00; Ord. No. 97-300, § 3, 9-16-
97. Code 2001 § 22-967.)
19.255.030 Nonconformance.
Permit applications made under this section to locate a PWSF on property on
which a nonconformance is located shall be exempt from the requirements of
Chapter 19.30 FWRC, Nonconformance, to bring the property into conformance
as follows:
(1) To provide the public improvements required by Chapter 19.135 FWRC,
Development Improvements, as stipulated in FWRC 19.30.110.
(2) To bring the property into conformance with the development regulations
prescribed in FWRC Title 16 relating to water quality as stipulated in FWRC
19.30.120(1)(g). All other requirements of FWRC 19.30.120 to bring the property
into conformance with the development regulations prescribed in FWRC Title 16
relating to water quality shall apply.
(Ord. No. 08-585, § 3(Exh. A), 11-4-08; Ord. No. 00-363, § 14, 1-4-00; Ord. No.
97-300, § 3, 9-16-97. Code 2001 § 22-968.)
19.255.040 Temporary personal wireless service facilities.
As determined by the director of community development services, a
temporary personal wireless service facility, or cell-on-wheels, may be deployed
and operated as follows:
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(1) For a period of 90 days during the construction of a freestanding PWSF
which has been approved through the appropriate permit process; provided, that
the temporary personal wireless service facility or cell-on-wheels creates no
more adverse impacts than the PWSF which was approved through the
appropriate permit process. Only one temporary personal wireless service facility
or cell-on-wheels shall be permitted for a single site.
(2) For a period of time determined to be appropriate by the director of
community development services, during an emergency declared by the city,
state, or federal government that has caused a freestanding PWSF which has
been approved through the appropriate permit process to become involuntarily
nonoperational; provided, that the temporary personal wireless service facility or
cell-on-wheels creates no more adverse impacts than the PWSF which was
approved through the appropriate permit process.
(3) Prior to installation of the temporary PWSF, the applicant shall provide the
city with a cash bond in an amount to be determined by the director of
community development services in order to guarantee performance of future
removal and restoration of the site.
(Ord. No. 09-633, § 5, 11-17-09; Ord. No. 08-585, § 3(Exh. A), 11-4-08; Ord. No.
00-363, § 14, 1-4-00; Ord. No. 97-300, § 3, 9-16-97. Code 2001 § 22-969.)
19.255.050 Application requirements.
(1) Except for temporary personal wireless facilities, permit applications made
under this section shall include the following minimum information in addition to
that required for the underlying permit review process:
(a) A diagram or map showing the primary viewshed of the proposed
facility.
(b) Photosimulations of the proposed facility from affected properties and
public rights-of-way at varying distances. These photo simulations should
include examples of camouflage and stealth installation options.
(c) Architectural elevations of proposed facility and site.
(d) A coverage chart of the proposed PWSF at the requested height and
an explanation of the need for that facility at that height and in that location.
(e) An inventory of other PWSF sites operated by the applicant or other
providers within a one-mile radius of the proposed PWSF location.
(f) A site/landscaping plan showing the specific placement of the PWSF
on the site; showing the location of existing structures, trees, and other
significant site features; and indicating type and locations of plant materials used
to screen PWSF components.
(g) If the PWSF electronic equipment cabinet is proposed to be located
above ground, an explanation of why it is impracticable to locate the cabinet
underground.
(h) Documentation of efforts to collocate on existing facilities.
(i) The city may require the applicant, at the applicant’s expense, to
provide any additional information, mapping, studies, materials, inspections, or
reviews that are reasonably necessary to implement this chapter and to require
that such information, studies, mapping, materials, inspections, and reviews be
reviewed by a qualified professional under contract to the city, also at the
applicant’s expense.
(2) Permit applications for temporary personal wireless service facilities shall
include the following minimum information:
(a) Documentation of previously permitted facility.
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(b) Site plan showing proposed location of temporary facility in
relationship to the location of the previously permitted facility and property
boundaries, including dimensions from the property lines and height of proposed
facility.
(c) Photographs of the proposed facility.
(Ord. No. 09-633, § 6, 11-17-09; Ord. No. 08-585, § 3(Exh. A), 11-4-08; Ord. No.
01-399, § 3, 8-7-01; Ord. No. 00-363, § 14, 1-4-00; Ord. No. 97-300, § 3, 9-16-
97. Code 2001 § 22-970.)
19.255.060 Collocation.
(1) A permittee shall cooperate with other PWSF providers in collocating
additional antennas on support structures and/or on existing buildings and sites,
provided said proposed collocatees have received a permit for such use at said
site from the city. A permittee shall allow other providers to collocate and share
the permitted site, provided such shared use does not give rise to a substantial
technical level impairment of the permitted use (as opposed to a competitive
conflict or financial burden). In the event a dispute arises as to whether a
permittee has exercised good faith in accommodating a new applicant, the city
may require a third party technical study at the expense of the permittee. Failure
to comply with this provision may result in a revocation of the permit.
(2) A signed statement indicating that the applicant agrees to allow for the
potential collocation of additional PWSF equipment by other providers on the
applicant’s structure or within the same site location shall be submitted by the
applicant as part of the permit application. If an applicant contends that future
collocation is not possible on their site, they must submit a technical study
documenting why.
(3) Collocation requirements shall not apply to PWSFs located on existing
structures in appropriate public rights-of-way within residential zones,
neighborhood business (BN) zones and professional office (PO) zones.
(Ord. No. 08-585, § 3(Exh. A), 11-4-08; Ord. No. 00-363, § 14, 1-4-00; Ord. No.
97-300, § 3, 9-16-97. Code 2001 § 22-971.)
19.255.070 Removal of facility.
(1) Abandonment and removal. The owner or operator of a PWSF shall
provide the city with a copy of the notice of intent to cease operations required
by the FCC at the time it is submitted to the FCC. Additionally, the owner or
operator of a PWSF shall notify the city in writing of the abandonment of a
particular facility within 30 days of the date the PWSF is abandoned. The
abandoned PWSF shall be removed by the facility owner within 90 days of the
date the PWSF is abandoned, the permit is revoked, or if the facility falls into
disrepair and is not maintained, as determined by the city. Disrepair includes
structural features, paint, landscaping, or general lack of maintenance which
could result in adverse safety or visual impacts. If there are two or more users of
a single tower, then the city’s right to remove the tower shall not become
effective until all users abandon the tower.
(2) Partial abandonment and removal. If the abandoned antennas on any
PWSF are removed or relocated to a point where the top 20 percent or more of
the height of the supporting structure is no longer in use, the PWSF shall be
considered partially abandoned. The owner or operator of any partially
abandoned PWSF shall notify the city in writing of the partial abandonment of a
particular facility within 30 days of the date the PWSF is partially abandoned.
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The owner of the PWSF shall have 120 days from the date of partial
abandonment to collocate another service on the PWSF. If another service
provider is not added to the PWSF within the allowed 120-day collocation period,
the owner shall in 210 days of partial abandonment, dismantle and remove that
portion of the supporting structure which exceeds the point at which the highest
operational antenna is mounted.
(3) Removal and lien. If the provider fails to remove the abandoned or partially
abandoned facility upon 210 days of its abandonment or partial abandonment,
the responsibility for removal falls upon the property owner on which the
abandoned or partially abandoned facility is located. The city may enforce this
subsection using the procedures as set forth in FWRC 1.15.010.
(Ord. No. 09-633, § 7, 11-17-09; Ord. No. 08-585, § 3(Exh. A), 11-4-08; Ord. No.
00-363, § 14, 1-4-00; Ord. No. 97-300, § 3, 9-16-97. Code 2001 § 22-973.
Formerly 19.255.080.)
19.255.080 Revocation of permit.
A permit issued under this chapter may be revoked, suspended or denied for
any one or more of the following reasons:
(1) Failure to comply with any federal, state or local laws or regulations;
(2) Failure to comply with any of the terms and conditions imposed by the city
on the issuance of a permit;
(3) When the permit was procured by fraud, false representation, or omission
of material facts;
(4) Failure to cooperate with other PWSF providers in collocation efforts as
required by this chapter;
(5) Failure to comply with federal standards for EMF emissions; and
(6) Failure to remedy localized interference with the reception of area
television or radio broadcasts or the functioning of other electronic devices.
(7) Pursuant to FWRC 19.05.300(3), the city, as the applicant, shall use the
same process to determine if the permit shall be revoked as it used to grant the
permit.
(Ord. No. 09-633, § 8, 11-17-09; Ord. No. 08-585, § 3(Exh. A), 11-4-08; Ord. No.
00-363, § 14, 1-4-00; Ord. No. 97-300, § 3, 9-16-97. Code 2001 § 22-975.
Formerly 19.255.100.)
This page of the Federal Way Revised Code is current
through Ordinance 12-725, passed July 17, 2012.
Disclaimer: The City Clerk's Office has the official version of the
Federal Way Revised Code. Users should contact the City Clerk's
Office for ordinances passed subsequent to the ordinance cited
above.
City Website: http://cityoffederalway.com
City Telephone: (253) 835-2540
Code Publishing Company
eLibrary
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Chapter 18.37
WIRELESS COMMUNICATION FACILITIES
Sections:
18.37.010 Purpose.
18.37.015 Wireless communication facilities – Interchange commercial zones (IC).
18.37.020 Wireless communication facilities – LDR, MDR, HDR, RP, CBD, MUD and
NC zones.
18.37.030 Wireless communication facilities in GC, M-1, M-2, UV and AG zones.
18.37.040 Performance standards.
18.37.010 Purpose.
The purpose of this chapter is to provide for a wide range of locations and options for
wireless communication providers and users while minimizing the visually obtrusive
characteristics associated with wireless communication facilities, and to encourage
creative approaches in location, construction and treatment of such facilities in a manner
which reduces the associated adverse visual and aesthetic impacts on the community in
compliance with state and federal law. (Ord. 1830 § 26 (part), 1998)
18.37.015 Wireless communication facilities – Interchange commercial zones (IC).
Wireless communication facilities permitted as principal or accessory uses in the
interchange commercial zone (IC) are subject to the provisions of this chapter and the
requirements set forth for the general commercial (GC) zone. (Ord. 2040 § 6, 2003)
18.37.020 Wireless communication facilities – LDR, MDR, HDR, RP, CBD, MUD and
NC zones.
Wireless communication facilities are permitted as principal or accessory uses in LDR- 6,
LDR-7.2, LDR-8.5, LDR-12, MDR, HDR, RP, CBD, MUD and NC zones subject to the
provisions of this chapter and the following requirements:
A. Accessory antenna devices, parabolic antennas two feet in diameter or less, omni-
directional antennas less than eight feet in length, directional antennas five feet or less in
height with a combined surface area of not more than 580 square inches as viewed from
any one point, and stealth antennas are permitted subject to the performance standards
set forth in SMC 18.37.040 and subject to meeting the following criteria:
1. The antenna is attached to an existing structure; and
2. The antenna does not extend more than 15 feet above the top of the structure.
B. Freestanding parabolic antennas greater than two feet in diameter and associated
support structure are allowed subject to the performance standards set forth in SMC
18.37.040 and subject to meeting the following criteria:
1. The antenna and associated support structure are not located within any required
landscaped setbacks, front or side yard setback, or in the area located between the
front setback line and the front of the building; and
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Attachment C
2. The antenna and associated support structure does not extend more than 15 feet
above the adjoining grade.
C. Attached or freestanding antennas and associated support structures which are not
specifically permitted under subsection (A) or (B) of this section or which exceed the
associated criteria shall comply with the following requirements:
1. The antenna and support structure shall be subject to the maximum building
height for the corresponding zone in which it is located as set forth in SMC
18.12.070(G) for low density residential zoned property, SMC 18.14.070(G) for
medium density residential and high density residential zoned property and SMC
18.16.070(11) for central business district and neighborhood commercial zoned
property; said height restrictions shall not be subject to granting of a variance;
2. The antenna and associated support structure shall not be located within any
required landscaped setback, front or side yard setback, or in the area located
between the front setback line and the front of the building;
3. The antenna and associated structure shall comply with required building
setbacks and shall be set back from the required side yard setback an additional
one foot for each foot of height over 10 feet;
4. The antenna and associate structure shall comply with the performance
standards set forth in SMC 18.37.040; and
5. No more than one freestanding support structure shall be permitted per lot. (Ord.
2147 § 15, 2005: Ord. 1830 § 26 (part), 1998)
18.37.030 Wireless communication facilities in GC, M-1, M-2, UV and AG zones.
Wireless communication facilities permitted as principal or accessory uses are subject to
the provisions of this chapter and the following requirements:
A. Wireless Communication Facilities as an Accessory Use in GC, M-1, M-2, UV and AG
Zones. The following facilities are permitted as accessory uses in general commercial
(GC), light manufacturing (M-1), heavy manufacturing (M-2) and agricultural district (AG)
zones subject to compliance with the performance standards set forth in SMC 18.37.040
and the following requirements:
1. Accessory antenna devices, parabolic antennas two feet in diameter or less,
omni-directional antennas less than eight feet in length, directional antennas five
feet or less in height with a combined surface area of not more than 580 square
inches as viewed from any one point, and stealth antennas, and not extending more
than 15 feet above the roof surface of the structure;
2. Attached parabolic antennas greater than two feet in diameter, omni-directional
antennas greater than eight feet in length, and directional antennas greater than five
feet in height with a combined surface area of more than 580 square inches as
viewed from any one point shall also comply with the following requirements:
a. The antenna and associated support structure shall be set back two feet
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from any exterior building wall for every one foot of height measured from the
surface of the roof, except when incorporated as an architectural feature of the
building or screened from view from any public right-of-way or residential zone;
3. Freestanding parabolic antennas and associated support structures shall be
subject to the following criteria:
a. The antenna and associated support structure are not located within any
required landscaping, front or side yard setback, or in the area located between
the front setback line and the front of the building.
b. The antenna and associated support structure does not extend more than 15
feet above the adjoining grade.
c. The antenna and associated support structure is screened from view from
any public right-of-way or residential zone in accordance with the screening
requirements for exterior mechanical devices set forth in SMC 18.16.080(A) for
general commercial zoned property and SMC 18.18.060(A) for light
manufacturing (M-1) and heavy manufacturing (M-2) zoned property.
Agricultural district (AG) zoned property shall conform to the screening
requirements for exterior mechanical devices set forth in SMC 18.18.060(A).
B. Wireless Communication Facilities as a Permitted Use in a GC, M-1, M-2 and AG
Zones. The following facilities are permitted as a primary use in a general commercial
(GC), light manufacturing (M-1), heavy manufacturing (M-2) and agricultural district (AG)
zone subject to compliance with the performance standards set forth in SMC 18.37.040
and the following requirements:
1. Attached accessory antenna devices, parabolic antennas two feet or less in
diameter, omni-directional antennas eight feet or less in length, and directional
antennas five feet or less in height with a combined surface area not more than 580
square inches as viewed from any point, and stealth antennas, and not extending
more than 15 feet above the roof surface of the structure.
2. Attached parabolic antennas greater than two feet in diameter, omni-directional
antennas greater than eight feet in length, directional antennas greater than five feet
in height with a combined surface area of more than 580 square inches as viewed
from any one point, and stealth antennas shall also comply with the following
requirements:
a. The antenna and associated support structure shall be set back two feet
from any exterior building wall for every one foot of height measured from the
surface of the roof, except when incorporated as an architectural feature of the
building or screened from view from any public right-of-way or residential zone.
3. Freestanding antennas and associated support structures shall be subject to the
following criteria:
a. The antenna and associated support structure are not located within any
required landscaping, front or side yard setback, or in the area located between
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the front setback line and the front of the building.
b. The antenna and associated support structure complies with the maximum
building height provisions and corresponding setback for structures in the
applicable zone, except as follows:
i. If associated support structure can be screened from view from public
rights-of-way and residential zones by existing buildings or vegetation as
determined by the community development director, the corresponding
setback may be reduced; or
ii. If in compliance with performance standards of SMC 18.37.040 an
antenna may extend to a height of 120 feet unless the property is in a
general commercial zone abutting Main Street or Traffic Avenue or the
antenna is in a light manufacturing (M-1) or heavy manufacturing (M-2)
zone, which is located west of SR-167 or less than 1,000 feet from any
residentially zoned parcel.
c. The equipment shelter or cabinet is screened from view from any public right-of-
way or residential zone in accordance with the screening requirements for exterior
mechanical devices set forth in SMC 18.16.080(A) for general commercial and SMC
18.18.060(A) for light manufacturing (M-1) and heavy manufacturing (M-2) zones.
Screening requirements for the agricultural district (AG) zone shall adhere to the
standards set forth in SMC 18.18.060(A) for light manufacturing (M-1) and heavy
manufacturing (M-2) zones.
C. Wireless Communication Facilities as a Conditional Use in a GC, M-1, M-2 and AG
Zones. Freestanding antennas and associated support structures which exceed a height
of 120 feet, are in a general commercial (GC) zone abutting Traffic Avenue or Main
Street, encroach within required setbacks except as permitted in SMC 18.32.030(C), are
in a light manufacturing (M-1) or heavy manufacturing (M-2) zone which is located west
of SR-167 or less than 1,000 feet from residentially zoned parcel, or are not able to
comply with one or more of the performance standards set forth in SMC 18.37.040 are
only allowed upon issuance of a valid conditional use permit pursuant to chapter 18.48
SMC. (Ord. 1830 § 26 (part), 1998)
18.37.040 Performance standards.
The following special requirements and performance standards shall apply to any
wireless communication structure or facility:
A. Wireless Communication Facility Preference. Proposed antennas, associated
structures and placement shall be evaluated, based on available technologies, for
approval and use in the following order of preference:
1. Stealth antennas.
2. Attached wireless communication facilities, only when subsection (A)(1) cannot
be reasonably accomplished.
3. Co-location wireless communication facilities, only when subsection (A)(1) or (2)
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cannot be reasonably accomplished.
4. Freestanding wireless communication facilities which extend no more than 15 feet
above adjacent existing vegetation or structures, only when subsections (A)(1), (2)
or (3) cannot be reasonably accomplished.
5. Freestanding wireless communication facilities which extend more than 15 feet
above adjacent existing vegetation or structures, only when subsections (A)(1)
through (4) cannot be reasonably accomplished.
If the applicant chooses to construct a new freestanding wireless communication facility,
the burden of proof shall be on the applicant to show a wireless communication facility of
a higher order of preference cannot reasonably be accommodated on the same or other
properties. The city reserves the right to retain a qualified consultant, at the applicant’s
expense, to review the supporting documentation for accuracy.
B. Co-location. Shared use of support structures and other associated wireless
communication facilities by multiple parties is encouraged. Prior to city approval of any
new freestanding transmission tower:
1. The applicant shall provide proof of inability to locate on existing towers in the
immediate vicinity due to the following:
a. Refusal of the tower owner to provide space at a fair rate of compensation;
or
b. The existing tower location or configuration is incompatible with the
applicant’s system.
2. The applicant shall provide proof of notification and an offer of co-location
opportunities to other service providers. As a condition of city approval of any new
freestanding transmission towers, the applicant shall comply with the following
requirements:
a. The applicant shall agree to sign and record with Pierce County auditor’s
office a legally binding agreement limiting any co-location costs assessed to
other carriers to a pro rata share of the ground lease, site acquisition cost,
design, capital costs for construction of the tower including associated
permitting costs, and reasonable maintenance, repair and replacement costs.
b. Co-location shall not result in an initial tower height greater than the
minimum necessary.
c. Co-location shall be achieved either through the extension of the tower or by
placing equipment at a lower level.
d. The applicant shall notify other wireless communication providers that a
tower is being proposed and is available for co-location.
C. State and Federal Pre-emption. Federal law prohibits consideration of environmental
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effects of radio frequency emissions to the extent that the proposed facilities comply with
the Federal Communications Commission regulations concerning emissions. All other
city regulations shall apply unless specifically preempted by state or federal authority.
D. Visual Impacts. Wireless communication facilities shall be located and installed in
such a manner so as to minimize the visual impact on the skyline and surrounding area
in the following manner:
1. Antennas may not extend more than 10 feet in low density residential, high
density residential, medium density residential, central business district, and
neighborhood commercial zones, and 15 feet in all other zones, above their
supporting structure, monopole, lattice tower, building or other structure, or
surrounding vegetation.
2. Site location and development shall preserve the pre-existing character of the
surrounding buildings, land use and the zone district to the extent possible, while
maintaining the function of the communication equipment. Wireless communication
facilities shall be integrated through location, siting and design to blend in with the
existing characteristics of the site through application of the following measures:
a. Existing on-site vegetation shall be preserved insofar as possible or
improved, and disturbance of the existing topography shall be minimized,
unless such disturbance would result in less visual impact of the site to the
surrounding area.
b. Location of wireless communication facilities close to structures or vegetation
of a similar height.
c. Location of wireless communication facilities toward the center of the site,
and location of roof-mounted facilities toward the interior area of the roof, in
order to minimize view from adjacent properties and rights-of-way.
d. Location of wireless communication facilities within interior side and rear
yards.
e. Incorporation of antenna, associated support structure and equipment shelter
as a building element or architectural feature.
3. Related shelters used to house wireless communications equipment shall be
located within buildings or placed underground when possible. When they cannot be
located in buildings or placed underground, equipment shelters or cabinets shall be
screened. Alternate methods for screening may include the use of building or
parapet walls, sight-obscuring fencing and/or landscaping, screen walls or
equipment enclosures.
4. Wireless communication facilities and related equipment shelters shall be of
neutral colors such as white, gray, blue, black or green, or similar in building color in
the case of facilities incorporated as part of the features of a building, unless
specifically required to be painted another color by federal or state authority.
Wooden poles are not required to be painted.
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E. Signage. No signage, message or identification other than the manufacturer’s
identification is allowed to be portrayed on any antenna, and permitted identification shall
not exceed 10 percent of the surface area, and no signage or advertising shall be
allowed above the height of the perimeter fencing except for the manufacturer’s
identification described above.
F. Lighting and Security. Wireless communication facilities shall not be illuminated except
for security reasons or unless required by federal or state authority. Building-mounted
lighting and aerial-mounted floodlighting shall be shielded from above in such a manner
that the bottom edge of the shield shall be below the light source. Ground-mounted
floodlighting or light projecting above the horizontal plane is prohibited between midnight
and sunrise. All lighting unless required by the Federal Aviation Authority (FAA) or other
federal or state authority shall be shielded so that the direct illumination is confined to the
property boundaries of the light source.
G. Minor Modifications. Minor modifications to existing wireless communication facilities,
including the installation of additional antenna, for which a valid conditional use permit
exists may be approved by the community development director, provided it is
determined there is minimal or no change in the visual appearance and said
modifications comply with the performance standards set forth in this chapter.
H. Abandonment or Obsolescence. Any wireless communication facility shall be removed
by the facility owner or authorized agent within six months of the date it ceases to be
operational.
I. Critical Areas. A wireless communication facility shall not be located in a wetland or
wetland buffer pursuant to chapter 16.46 SMC or in a wildlife buffer pursuant to chapter
16.56 SMC. (Ord. 1830 § 26 (part), 1998)
This page of the Sumner Municipal Code is current through
Ordinance 2398, passed July 2, 2012.
Disclaimer: The City Clerk's Office has the official version of the
Sumner Municipal Code. Users should contact the City Clerk's
Office for ordinances passed subsequent to the ordinance cited
above.
City Website: http://www.ci.sumner.wa.us
City Telephone: (253) 299-5500
Code Publishing Company
eLibrary
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CITY OF KENT
15.08.035 Wireless telecommunications facilities.
A. Purpose and goals. The purpose of this section is to establish general guidelines for the siting of
wireless telecommunications facilities (WTFs), specifically including, without limitation, towers and
antennas, in light of the following goals:
1. Protecting residential areas from potential adverse impacts;
2. Enhancing the ability of the providers of wireless telecommunications services to provide
those services quickly, effectively, and efficiently;
3. Encouraging location in nonresidential areas;
4. Minimizing the total height of towers within the community;
5. Encouraging the joint use of new and existing sites;
6. Encouraging service providers to locate and configure facilities to minimize adverse impacts
through careful design, siting, landscaping, screening, and innovative camouflaging techniques;
and
7. Considering potential adverse impacts to the public health and safety from these facilities
except where preempted by other laws, rules, and regulations.
In furtherance of these goals, the city shall give due consideration to the city’s comprehensive plan,
zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of
WTFs, including towers and antennas.
B. Definitions. As used in this section only, the following terms shall have the meanings set forth below:
Abandon or abandonment means:
1. To cease operation for a period of one hundred eighty (180) or more consecutive calendar
days; or
2. To reduce the effective radiated power of an antenna by seventy-five (75) percent for one
hundred eighty (180) or more consecutive calendar days unless new technology or the
construction of additional cells in the same locality allows reduction of effective radiated power
by more than seventy-five (75) percent, so long as the operator still serves essentially the same
customer base.
Antenna means any exterior transmitting or receiving device used in communications that radiates or
captures electromagnetic waves.
Attachment D
Backhaul network means the lines that connect a provider’s WTFs/towers/cell sites to one (1) or more
cellular telephone switching offices, and/or long distance providers, or the public switched telephone
network.
Camouflage means to disguise, hide, or integrate with an existing or proposed structure or with the
natural environment so as to be significantly screened from view.
Co-locate means use of a WTF by more than one (1) service provider.
COW means cell on wheels or Cellular on Wheels.
EIA means Electronic Industries Association.
FAA means the Federal Aviation Administration.
FCC means the Federal Communications Commission.
Guyed tower means a wireless communication support structure which is typically over one hundred
(100) feet tall and is steadied by wire guys in a radial pattern around the tower.
Height means, when referring to a tower or other WTF, the distance measured from the finished grade of
the parcel at the base of the WTF to the highest point on the tower or other WTF, including the base pad
and any antennas.
Lattice tower means a support structure which consists of a network of crossed metal braces, forming a
tower which is usually triangular or square in cross-section.
Monopole tower means a support structure which consists of a single pole sunk into the ground and/or
attached to a foundation.
Non-whip antenna means an antenna that is not a whip antenna, such as dish antennas, panel antennas,
etc.
Preexisting WTF means any WTF for which a building permit has been properly issued prior to July 7,
1997, including permitted WTFs that have not yet been constructed, so long as that permit or approval
has not expired.
Telecommunications means the transmission, between or among points specified by the user, of
information of the user’s choosing without change in the form or content of the information as sent and
received.
Telecommunications service means the offering of telecommunications for a fee directly to the public, or
to such classes of users as to be effectively available directly to the public, regardless of the facilities
used.
Tower means any structure that is designed and constructed primarily for the purpose of supporting one
(1) or more antennas for telecommunications, telephone, radio, and similar communication purposes. The
term includes the structure, all structural supports, and all related buildings and appurtenances.
Whip antenna means an omni-directional dipole antenna of cylindrical shape that is no more than six (6)
inches in average diameter.
Wireless telecommunications facility or WTF includes “personal wireless service,” “personal wireless
service facilities,” and “facilities” as defined in Title 47, United States Code, Section 332(c)(7)(C),
including all future amendments, and also includes facilities for the transmission and reception of radio or
microwave signals used for communication, telecommunication, cellular phone personal communications
services, enhanced specialized mobile radio, and any other services licensed by the FCC, and also
includes any other unlicensed wireless services.
C. Applicability.
1. New uses. All WTF proposals made in the city, whether for new construction or for
modification of existing facilities, shall be subject to the regulations set forth in this code, except
as provided in subsection (D) of this section.
D. Exemptions. The following are exempt from the provisions of this section and are allowed in all zoning
districts.
1. Existing uses. WTFs that currently exist on July 7, 1997, or for which a valid building permit
has been obtained and remains in effect on July 7, 1997, except this exemption does not apply
to modifications of existing facilities.
2. Industrial/scientific equipment. Industrial processing equipment and scientific or medical
equipment using frequencies regulated by the FCC.
3. Amateur radio station operators or receive-only antennas. Any tower or antenna that is under
seventy (70) feet in height and is owned and operated by a federally licensed amateur radio
station operator or is used exclusively for receive-only antennas.
4. Home satellite services. Satellite dish antennas less than two (2) meters in diameter, including
direct-to-home satellite services, when used as a secondary use of the property.
5. COW. A COW or other temporary WTF, but its use anywhere in the city cannot exceed thirty
(30) days, unless extended by permit issued by the planning manager or unless the city has
declared an area-wide emergency.
6. Public safety WTFs and equipment. Public safety WTFs and equipment, including, but not
limited to, the regional 911 system.
E. General.
1. Principal or accessory use. WTFs may be considered either principal or accessory uses. A
different use of an existing structure on the same lot shall not preclude the installation of WTFs
on that lot.
2. Not essential services. WTFs shall be regulated and permitted pursuant to this section and
shall not be regulated or permitted as essential public services.
F. General requirements.
1. Siting. Anyone who applies to construct a WTF or to modify or add to an existing WTF shall
demonstrate to the city’s satisfaction that the proposed facility is located at the least obtrusive
and the most appropriate available site to function in the applicant’s grid system.
2. FCC licensing. The city will only process WTF permit applications upon a satisfactory showing
of proof that the applicant is an FCC licensed telecommunications provider or that the applicant
has agreements with an FCC licensed telecommunications provider for use or lease of the
facility.
3. Compliance with other laws. Applicants must show, to the satisfaction of the planning
manager, compliance with current FCC and FAA rules and regulations and all other applicable
federal, state, and local laws, rules, and regulations.
4. Lot size. For purposes of determining whether the installation of WTFs complies with district
development regulations including, but not limited to, setback requirements, lot-coverage
requirements, and other requirements, the dimensions of the entire lot shall control, even though
the WTFs may be located on leased parcels within that lot.
5. Height. Unless further restricted or expanded elsewhere in this section, no WTFs may exceed
the following height and usage criteria:
a. For a single user, up to ninety (90) feet in height; and
b. For two (2) or more users, up to one hundred twenty (120) feet in height.
6. Security fencing. WTFs shall be enclosed, where appropriate, by security fencing not less
than six (6) feet in height; provided however, that the planning manager or, where applicable, the
hearing examiner may waive these requirements, as appropriate.
7. Landscaping. WTFs shall be landscaped with a buffer of plant materials that effectively
screens the view of the WTF compound; provided, however, that the planning manager or,
where applicable, the hearing examiner may waive these requirements if the goals of this section
would be better served.
8. WTFs mounted on structures or rooftops. WTFs mounted on existing structures or rooftops
shall be designed and located so as to minimize visual and aesthetic impacts to the adjoining
land uses and structures and shall, to the greatest extent practical, blend into the existing
environment.
9. Aesthetics. WTFs shall meet the following requirements:
a. WTFs shall be painted a neutral color so as to reduce visual obtrusiveness.
b. At a WTF site, the design of the buildings and related structures shall, to the extent
possible, use materials, colors, textures, screening, and landscaping that will blend into the
existing natural and constructed environment.
10. Lighting. Towers shall not be artificially lighted, unless required by the FAA or other
applicable authority. If lighting is required for any WTF, the lighting must cause the least
disturbance to the surrounding area.
11. Measurement. For purposes of measurement, WTF setbacks and separation distances shall
be calculated and applied irrespective of municipal and county jurisdictional boundaries.
12. Franchises, licenses, and permits. Owners and/or operators of WTFs shall certify that they
have obtained all franchises, licenses, or permits required by law for the construction and/or
operation of a wireless telecommunication system in the city and shall file a copy of all required
franchises, licenses, and permits with the planning manager.
13. Signs. No signs shall be allowed on an antenna or tower.
14. Backhaul providers. Backhaul providers shall be identified and they shall have and maintain
all necessary approvals to operate as such, including holding necessary franchises, permits, and
certificates. The method of providing backhaul, wired or wireless, shall be identified.
G. Tower requirements.
1. Tower setbacks. All towers, support structures, and accessory buildings must satisfy the
minimum setback requirements for that zoning district.
2. Support systems setbacks. All guywires, anchors, and other support structures must be
located within the buildable area of the lot and not within the front, rear, or side yard setbacks
and no closer than five (5) feet to any property line.
3. Monopole construction required. All towers will be of a tapering monopole construction;
however, the planning manager or, where applicable, the hearing examiner may allow another
type tower upon a showing that it would cause less impact to the surrounding property than a
similar monopole structure or would further the purposes and goals in this section.
4. Inventory of existing sites. Each applicant for a tower shall provide an inventory of its existing
WTF sites that are either within the jurisdiction of the city or within one (1) mile of its borders,
including specific information about the location, height, and design of each facility.
5. EIA standards. Towers shall be constructed so as to meet or exceed the most recent EIA
standards. Prior to issuance of a building permit, the building official shall be provided with an
engineer’s certification that the tower’s design meets or exceeds those standards.
6. Site selection and height. Towers shall be located to minimize their number and height and to
minimize their visual impacts on the surrounding area in accordance with the following policies:
a. Ensure that the height of towers has the least visual impact and that the height is no
greater than necessary to achieve service area requirements and to provide for potential
co-location; and
b. Demonstrate that the owner or operator has, to the greatest extent practical, selected a
new tower site that provides the least visual impact on residential areas. This shall include
an analysis of the potential impacts from other vantage points in the area to illustrate that
the selected site and design provides the best opportunity to minimize the visual impact of
the proposed facility; and
c. Site so as to minimize being visually solitary or prominent when viewed from surrounding
areas, especially residential areas. The facility should be camouflaged to the maximum
extent feasible.
7. Co-location priority. Co-location of antennas by more than one (1) carrier on existing towers is
preferred to construction of new towers; provided, that the co-location is consistent with the
following:
a. Redesign restrictions. A tower that is modified or reconstructed to accommodate the co-
location of an additional antenna shall be of the same tower type as the existing tower, or
of a less obtrusive design (such as a monopole), if practical.
b. Height. Except as may be modified in subsection (I)(1)(a) of this section, an existing
tower may be modified or rebuilt to a taller height, not to exceed thirty (30) feet over the
tower’s existing height or one hundred twenty (120) feet, whichever is lower, to
accommodate the co-location by another provider or operator of an additional antenna
system in any district except DC, DCE, NCC, and all SR districts. This additional height
shall not require an additional distance separation.
c. Onsite relocation. A tower that is being rebuilt to accommodate the co-location of an
additional antenna may be relocated on its existing site within fifty (50) feet of its existing
location. If consistent with the purposes and goals in subsection (A) of this section, the
planning manager or, where applicable, the hearing examiner, may permit the onsite
relocation of a tower which comes within the separation distances to residential units or
residentially zoned lands.
8. Separation distances between towers. Separation distances between towers shall be
measured between the proposed tower and preexisting towers. Measurement shall be from base
of tower to base of tower, excluding pad, footing, or foundation. The separation distances shall
be measured by drawing or following a straight line between the nearest point on the base of the
existing tower and the proposed tower base, pursuant to a site plan of the proposed tower. The
separation distances (listed in linear feet) shall be as shown in Table 1, unless the distance is
reduced by the planning manager when administratively approving a WTF or by the hearing
examiner through issuance of a conditional use permit.
Table 1
Lattice Guyed
Mono-
pole 75
feet in
height
or
greater
Mono-
pole
less
than
75
feet in
height
Lattice 5,000 5,000 1,500 750
Guyed 5,000 5,000 1,500 750
Monopole 75
feet in height or
greater
1,500 1,500 1,500 750
Monopole less
than 75 feet in
height
750 750 750 750
H. Administratively approved WTFs. The planning manager may administratively approve the uses listed
in this subsection, once each applicant has applied for and provided all necessary information required in
this code and in the city’s application form. This administrative approval is classified as a Process I
application and is subject to the requirements of Ch. 12.01 KCC.
1. Administratively approved uses. The following uses may be approved by the planning
manager after conducting an administrative review:
a. Industrial/commercial zones. Locating WTFs, including the placement of additional
buildings or other supporting equipment used in connection with WTFs, that do not exceed
ninety (90) feet in height for a single user and one hundred twenty (120) feet in height for
two (2) or more users in the following districts: MA, M1, M1-C, M2, M3, CM-1, CM-2, GC,
and GWC.
b. Antennas on existing structures. Locating a WTF other than a tower as an accessory use
by attachment to any building or structure other than a single-family dwelling or multifamily
structure of fewer than eight (8) dwelling units in any zoning district provided:
i. The antenna does not extend more than twenty (20) feet above the highest point of
the structure if a whip antenna, or ten (10) feet above the highest point of the
structure if a non-whip antenna; and
ii. The antenna complies with all applicable building codes; and
iii. All associated equipment is placed either within the same building or in a separate
structure that matches the existing building or structure in character and materials.
c. WTFs on existing towers. Locating a WTF through co-location by attaching the antenna
to an existing tower.
d. WTFs within allowable building height. Locating WTFs, including placement of additional
buildings or other supporting equipment used in connection with the WTF in O, CC, MRG,
MRM, MRH, AG, and A-10 districts, so long as the WTF does not exceed the allowable
building height for that district.
e. COWS for greater than thirty (30) day periods. Upon a proper showing of extreme
necessity (for example, if repair or modification of an existing WTF clearly and legitimately
cannot be completed within thirty (30) days), locating a COW at a single location for more
than thirty (30) calendar days; however, purely economic convenience shall not be
considered a viable factor in making this determination.
2. Authority to waive certain requirements. In connection with this administrative approval, the
planning manager may, in order to encourage camouflaging and co-location of WTFs,
administratively waive separation distance requirements between WTFs by up to fifty (50)
percent in nonresidential zones. Additionally, the planning manager may, in order to encourage
the use of the least obtrusive type of WTF, administratively allow the reconstruction of an
existing WTF to that less obstructive use.
I. Conditional use permits. Applications for conditional use permits under this subsection shall be subject
to the procedures and requirements of KCC 15.09.030 and Ch. 12.01 KCC, except as modified by this
subsection. If the WTF is not subject to administrative approval pursuant to subsection (H) of this section,
then a conditional use permit shall be required.
1. Conditional WTF uses. Specifically, conditional use permits shall be required for the following
WTFs:
a. Industrial/commercial zones. Locating WTFs that exceed ninety (90) feet in height for a
single user or one hundred twenty (120) feet for two (2) or more users or locating antennas
on existing structures that exceed the height limitations in subsection (H)(2)(b) of this
section in the following districts: MA, M1, M1-C, M2, M3, CM-1, CM-2, GC, and GWC.
b. Government property. Locating WTFs (1) separate from existing structures on property
owned, leased, or otherwise controlled by the city or other governmental entity or (2)
attached to existing structures on property owned, leased, or otherwise controlled by the
city or other governmental entity exceeding the height limitations in subsection (H)(2)(b) of
this section, but only on the condition that the total height of the attached WTF, including
the structure, does not exceed one hundred twenty (120) feet, unless permitted under
subsection (I)(1)(a) of this section; however, this subsection shall not apply in DC, DCE,
and NCC districts.
c. WTFs exceeding allowable building height. Locating WTFs that exceed the allowable
building height in the following districts: O, CC, MRG, MRM, MRH, AG, and A-10.
d. Tower construction under allowed separation distances. Locating towers that do not
meet the separation distance requirements in subsection (G)(8) of this section or that do
not meet administratively approved separation distance limits.
2. Factors considered in granting conditional use permits for towers. In addition to KCC
15.09.030(D), the hearing examiner shall also consider the following factors when considering a
CUP application for WTF towers:
a. Height of the proposed tower;
b. Proximity of the tower to residential structures and residential district boundaries;
c. Nature of uses on adjacent and nearby properties;
d. Surrounding topography;
e. Surrounding tree coverage and foliage;
f. Design of the tower, with particular reference to design characteristics that have the
effect of reducing or eliminating visual obtrusiveness;
g. Availability of suitable existing towers, other structures, or alternative technologies not
requiring the use of towers or structures;
h. Obstruction of or interference with views;
i. Consistency with purpose and goals set forth in subsection (A) of this section.
3. Availability of suitable existing towers, other structures, or alternative technology. No new
tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the
hearing examiner that no existing tower, structure, or alternative technology that does not require
the use of towers can accommodate the applicant’s proposed WTF. An applicant shall submit
information requested by the hearing examiner related to the availability of suitable existing
towers, other structures, or alternative technology. Evidence submitted to demonstrate that no
existing tower, structure, or alternative technology can accommodate the applicant’s proposed
WTF may consist of any of the following:
a. No existing WTF is located within the geographic area that meets applicant’s
engineering requirements.
b. Existing WTFs are not of sufficient height to meet applicant’s engineering requirements.
c. Existing WTFs cannot practically be reconstructed to provide sufficient structural strength
to support applicant’s proposed antenna and related equipment.
d. Electromagnetic interference would occur between two (2) or more WTF systems.
e. The fees, costs, or contractual provisions required by the owner in order to share an
existing WTF or to adapt an existing WTF for co-location are unreasonable. Fees or costs
that exceed new WTF development shall not be presumed to render sharing facilities
unsuitable.
f. Other limiting factors render existing WTFs unsuitable.
g. An alternative technology that does not require the use of towers or structures would be
unsuitable. Costs of alternative technology that exceed new WTF development shall not be
presumed to render the technology unsuitable.
4. Separation requirements. The hearing examiner may reduce tower separation distance
requirements, including administratively approved separation distance reductions, if the
purposes and goals of this section would be better served; however, development of multiple
tower locations on a single site (often referred to as “antenna farms”) are specifically
discouraged wherever possible.
J. Removal of abandoned towers.
1. Abandonment and removal. The owner or operator of any abandoned tower shall notify the
city’s planning manager, in writing, of that abandonment and shall remove the same within ninety
(90) calendar days. Failure to remove an abandoned tower within ninety (90) calendar days shall
be grounds to remove the tower at the owner’s expense. If there are two (2) or more users of a
single tower, then the city’s right to remove the tower shall not become effective until all users
abandon the tower.
2. Partial abandonment and removal. If the antennas on any tower are removed or relocated to a
point where the top twenty (20) percent or more of the height of the tower is no longer in use, the
tower shall be deemed partially abandoned. The owner or operator of any partially abandoned
tower shall notify the city’s planning manager, in writing, of that partial abandonment and shall
remove the partially abandoned portion within ninety (90) calendar days. Failure to remove a
partially abandoned tower within ninety (90) calendar days shall be grounds to remove the
abandoned portion of the tower at the owner’s expense.
3. Security and lien. Each applicant, prior to commencement of construction, shall post sufficient
security in the form of a bond, assignment of funds, cashier’s check, or cash, in a form
acceptable to the city, to cover the estimated cost of demolition or removal of the tower and
support structures, including complete site restoration. If for any reason the posted funds are not
adequate to cover the cost of removal, then the city may charge the facility owner or operator
with the city’s total cost incurred in removing the abandoned structures. If the owner or operator
fails to make full payment within thirty (30) calendar days, then the amount remaining unpaid
shall become a lien on the facility property.
K. Nonconforming uses.
1. Preexisting towers. Preexisting towers shall be allowed to continue their usage as they
presently exist. Routine maintenance shall be permitted. Any construction other than routine
maintenance on a preexisting tower shall comply with the requirements of this section.
2. Damage or destruction not the fault of owner/occupant. Bona fide nonconforming WTFs that
are damaged or destroyed without fault attributable to the owner or entity in control may be
rebuilt without first having to obtain administrative approval or a conditional use permit and
without having to meet separation requirements. The type, height, and location of the tower
onsite shall be of the same type and intensity as the original facility. Building permits to rebuild
the facility shall comply with applicable building codes and shall be obtained within one hundred
eighty (180) days from the date the facility is damaged or destroyed. If no permit is obtained or if
the permit expires, the tower or antenna shall be deemed abandoned as specified in subsection
(J) of this section.
(Ord. No. 3424, § 30, 11-17-98; Ord. No. 3600, § 4, 5-7-02; Ord. No. 3612, § 7, 8-6-02)
Chapter 21A.55
WIRELESS COMMUNICATION FACILITIES
Sections:
21A.55.010 Purpose.
21A.55.020 Applicability.
21A.55.030 Exemptions.
21A.55.040 Permit required.
21A.55.050 Application requirements.
21A.55.060 Siting hierarchy.
21A.55.070 Base station hierarchy.
21A.55.080 General requirements.
21A.55.090 Design standards.
21A.55.100 Technical evaluation.
21A.55.110 Interference.
21A.55.120 Cessation of use.
21A.55.130 Light poles.
21A.55.010 Purpose.
The purpose of this chapter is to:
(1) Establish clear regulations for the siting and design of wireless communication
facilities consistent with federal regulations;
(2) Promote the health, safety, and general welfare of the public by regulating the siting
of WCFs;
(3) Minimize impacts of WCFs on surrounding areas by establishing standards for
location, structural integrity, and compatibility;
(4) Encourage the location and collocation of wireless communication equipment on
existing structures;
(5) Minimize visual, aesthetic, public safety, and environmental and wildlife effects;
(6) Accommodate the growing need and demand for wireless communication services;
(7) Respond to the policies embodied in the Telecommunications Act of 1996 in such a
manner as not to unreasonably discriminate between providers of functionally equivalent
personal wireless services or to prohibit or have the effect of prohibiting personal wireless
services;
(8) Encourage orderly development in a preferred hierarchy using concealed
technologies; and
(9) Assure WCF development is consistent with the City’s wireless master plan. (Ord.
(11 hits)
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Attachment E
O2010-281 § 4)
21A.55.020 Applicability.
(1) If a conflict arises between this chapter and the provisions of another chapter
regarding wireless communication facilities, this chapter shall govern.
(2) Facilities regulated by this chapter include the construction, modification, and
placement of all WCFs, FCC-regulated amateur radio antennas, dish antennas, and any
antennas used for multichannel multipoint distribution service (MMDS) or wireless cable,
and wireless service facilities (i.e., cellular phone service, PCS – personal
communication services, wireless paging services, wireless Internet services, etc.).
Wireless services shall be subject to the following regulations to the extent that such
requirements (a) do not unreasonably discriminate among providers of functionally
equivalent services; and (b) do not have the effect of prohibiting personal wireless
services within the City of Sammamish. (Ord. O2010-281 § 4)
21A.55.030 Exemptions.
The following are exempt from the provisions of this chapter:
(1) Amateur radio antenna operated by a federally licensed amateur radio operator as
part of the amateur or business radio service;
(2) Citizen band or two-way radio antenna including any mast;
(3) Satellite earth stations (satellite dish) that are one meter (39.37 inches) or less in
diameter in all residential districts and two meters or less in all other zoning districts and
which are not greater than 20 feet above grade in residential districts and 35 feet above
grade in all other zoning districts;
(4) Public agency communications systems of the City of Sammamish, without limitation,
when the facility or facilities are on lands owned by the City and all other building and
land development regulations are complied with. Any such facility constructed and
operated under this section shall comply with all federal regulations including, but not
limited to, site location, aircraft warning, station power level, and frequency allocation;
(5) A temporary commercial wireless communications facility, for the purposes of
providing coverage of a special event such as news coverage or sporting event, subject
to approval by the City, except that such facility must comply with all federal and state
requirements. Said wireless communications facility may be exempt from the provisions
of this chapter up to one week after the duration of the special event;
(6) In the event a building permit is required for any emergency repair, notification in
writing to the director of community development shall occur within 24 hours of
identification of the needed repair; filing of the building permit application shall be done in
compliance with the City’s adopted building code. (In the event a building permit is
required for nonemergency maintenance, reconstruction, repair or replacement, filing of
the building permit application shall be required prior to the commencement of such
nonemergency activities);
(7) Antenna modifications, provided:
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(a) There is no increase in the number of antennas; and
(b) There is no increase in the height of the antenna support structure; and
(8) Temporary WCF. (Ord. O2010-281 § 4)
21A.55.040 Permit required.
The following table summarizes the type of proposal and required land use approvals. All
proposals are subject to the siting hierarchy requirements of this chapter.
P – Permitted Use: The use is allowed subject to the requirements of the code.
C – Conditional Use Permit: The use is allowed subject to the conditional use review
procedures and requirements of the code.
Notes:
1. If the proposal does not exceed the maximum height limits set forth at SMC
21A.55.090(3).
(Ord. O2012-321 § 2 (Att. A § 1); Ord. O2010-281 § 4)
21A.55.050 Application requirements.
In addition to any information required for CUP and/or building permit review, an
application for new WCFs or modifications to WCFs that require City approval shall
provide the following information:
(1) A site plan showing existing and proposed WCFs, access, base station, ancillary
structures, warning signs, fencing, landscaping and any other items necessary to
illustrate compliance with the development standards of this chapter;
(2) Except as provided below, a stamped statement by a state of Washington registered
professional engineer that the support structure shall comply with EIA/TIA-222-Revision
G, published by the American National Standards Institute (as amended), allowable wind
speed for the applicable zone in which the facility is located, and describing the general
structural capacity of any proposed WCF(s), including:
(a) The number and type of antennas that can be accommodated;
(b) The basis for the calculation of capacity; and
Concealed
Attached
WCF
Monopole-
Style WCF
Concealed
Collocation
Flush- or Nonflush-Mounted
Antenna on Existing
Antenna Support Structure
New Concealed
Antenna
Support
Structure
P1
P1 P1
P1
C
C C C
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(c) A written statement that the proposal complies with all federal guidelines
regarding interference and ANSI standards as adopted by the FCC, including but
not limited to nonionizing electromagnetic radiation (NIER) standards.
The foregoing requirements are not applicable when the support structure is a utility pole
or high voltage electrical transmission tower;
(3) A report by the applicant that includes a description of the proposed WCF, including
height above grade, materials, color, lighting, and information demonstrating compliance
with SMC 21A.55.060, Siting hierarchy;
(4) Where a permit for an attachment is required, the application shall also include the
following information:
(a) The name and address of the operator(s) of proposed and existing antennas on
the site;
(b) The height of any proposed antennas;
(c) Manufacture, type, and model of such antennas;
(d) Frequency, modulation, and class of service; and
(e) A description of the wireless communication service that the applicant intends to
offer to provide, or is currently offering or providing within the City;
(5) A detailed visual simulation of the wireless communication facility shall be provided
along with a written report from the applicant, including a map showing all locations
where an unimpaired signal can be received for that facility;
(6) Approved WROWA (wireless right-of-way use agreement);
(7) Other information as the director of community development may reasonably require,
including additional information specific to the City’s wireless communication facilities
master plan; and
(8) Fees for review as established by the City’s most current fee resolution.
The director of community development may release an applicant from having to provide
one or more of the pieces of information on this list upon a finding that in the specific
case involved said information is not necessary to process or make a decision on the
application being submitted. (Ord. O2012-321 § 2 (Att. A § 2); Ord. O2010-281 § 4)
21A.55.060 Siting hierarchy.
Siting of antennas or support structures shall adhere to the siting hierarchy of this
section. The order of ranking for antenna or antenna support structures, from highest to
lowest, shall be 1 to 5. Where a lower ranking alternative is proposed, the applicant must
file relevant information including but not limited to an affidavit by a licensed radio
frequency engineer demonstrating that despite diligent efforts to adhere to the
established hierarchy within the geographic search area, higher ranking options are not
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technically feasible or justified given the location of the proposed wireless
communications facility and network need.
Example:
A new WCF is proposed; the applicant demonstrates that the new facility cannot be sited
under hierarchy 1. The applicant then demonstrates the new facility cannot be sited
under hierarchy 2. The applicant then moves to hierarchy 3 and is able to propose a site.
Hierarchy:
(1) A WCF that is:
(a) A concealed WCF that is attached to an existing antenna support structure:
(i) Located within City-classified principal arterial rights-of-way;
(ii) Located on a high voltage electrical transmission tower;
(iii) Collocated with another WCF; or
(iv) Within public parks, public open spaces, or on other publicly owned land; or
(b) A monopole-style WCF with encased antennas that is located within public
parks, public open spaces, or on other publicly owned land.
(2) A WCF that is:
(a) A concealed WCF that is attached to an existing antenna support structure:
(i) In a minor arterial right-of-way;
(ii) Located on the roof of a multi-story building in the Town Center A or B zone;
(iii) Located on the roof of any building in the commercial business or office
zone; or
(iv) Located on the roof of any building in the R-12 or R-18 zone.
(3) A WCF that is:
(a) A concealed WCF that is attached to an existing antenna support structure:
(i) Located in a collector arterial right-of-way;
(ii) Located on the roof of any building in the neighborhood business zone; or
(iii) Located in a residentially zoned area on a parcel not used for residential
purposes; or
(b) A monopole-style WCF that is located in a residentially zoned area on a parcel
not used for residential purposes.
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(4) A concealed WCF that is attached to a new antenna support structure within an
arterial right-of-way.
(5) WCF not meeting any of the options in Tiers 1 through 4, when no reasonable
alternative exists. (Ord. O2011-298 § 1 (Att. A); Ord. O2010-281 § 4)
21A.55.070 Base station hierarchy.
Siting of base stations shall adhere to the siting hierarchy of this section. The order of
ranking, from highest to lowest, shall be 1, 2, and 3. Where a lower ranking alternative is
proposed, the applicant must demonstrate that a higher ranking option is not technically
feasible, or justified given the location or size of the proposed base station.
Hierarchy:
(1) A base station that is:
(a) Underground and where the top of the vault is flush with the surrounding grade
within City rights-of-way.
(2) A base station that is:
(a) Attached to an antenna support structure located within City rights-of-way;
(b) Placed within an existing building, provided the use of the building is not single-
family residential; or
(c) On the roof of an existing building, provided the use of the building is not single-
family residential and is not visible from the street.
(3) A base station that is:
(a) On adjacent property and concealed in the same manner as concealed WCF
(i.e., the base station is not readily identifiable as such and is designed to be
aesthetically compatible with existing and proposed building(s) and uses on a site);
or
(b) On adjacent property; provided, that the base station is fenced and landscaped;
or
(c) Inside a building; or
(d) Otherwise located so as not to be open or visible to public view (e.g., in a
forested area surrounded by vegetation so that the base station is not open to public
view). (Ord. O2011-298 § 1 (Att. A); Ord. O2010-281 § 4)
21A.55.080 General requirements.
(1) Within public parks and public open spaces, the placement of antennas on existing
structures, such as power poles, light standards for recreational fields and antenna
support structures, is the preferred option subject to the approval of the property owner. If
an existing structure cannot accommodate an antenna due to structural deficiency, or
does not have the height required to provide adequate signal coverage, the structure
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may be replaced with a new structure, provided the new structure:
(a) Will serve the original purpose;
(b) Does not exceed the maximum height allowed by this chapter. Any height
increase in excess of the maximum height allowed pursuant to SMC 21A.55.090(3)
will require a conditional use permit; and
(c) Meets all the requirements of this chapter.
(2) Concealed attached antennas shall comply with the following requirements:
(a) Concealed antennas shall reflect the visual characteristics of the structure to
which they are attached and shall be designed to architecturally match the facade,
roof, wall, or structure on which they are affixed so that they blend with the existing
structural design, color, and texture. This shall include the use of colors and
materials, as appropriate. When located on structures such as buildings or water
towers, the placement of the antennas on the structure shall reflect the following
order of priority in order to minimize visual impact:
(i) A location as close as possible to the center of the structure; and
(ii) Along the outer edges or side-mounted; provided, that in this instance,
additional means such as screens should be considered and may be required
by the department on a case-by-case basis; and
(iii) When located on the outer edge or side-mounted, be placed on the portion
of the structure less likely to be seen from adjacent lands containing, in
descending order of priority: existing residences, public parks and open spaces,
and public roadways;
(b) Feed lines shall be contained within a principal building or encased and the
encasement painted to blend and match the design, color, and texture of the
facade, roof, wall, or structure to which they are affixed.
(3) Concealed antenna support structures shall comply with the following requirements:
(a) Upon application for a conditional use permit or a building permit for a new
concealed antenna support structure, whichever is required first, the applicant shall
provide a map showing all existing antenna support structures or other suitable
nonresidential structures located within one-quarter mile of the proposed structure
with consideration given to engineering and structural requirements.
(b) No new antenna support structure shall be permitted if an existing structure
suitable for attachment of an antenna or collocation is located within one-quarter
mile, unless the applicant demonstrates that the existing structure is physically or
technologically unfeasible, or is not made available for sale or lease by the owner,
or is not made available at a market rate cost, or would result in greater visual
impact. The burden of proof shall be on the applicant to show that a suitable
structure for mounting of antenna or collocation cannot be reasonably or
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economically used in accordance with these criteria.
(c) In residential districts, new concealed antenna support structures shall only be
permitted on lots whose principal use is not single-family residential including, but
not limited to: schools, churches, synagogues, fire stations, parks, and other public
property.
(d) To the extent that there is no conflict with the color and lighting requirements of
the Federal Communications Commission and the Federal Aviation Administration
for aircraft safety purposes, new antenna support structures shall be concealed as
defined by this chapter and shall be configured and located in a manner to have the
least visually obtrusive profile on the landscape and adjacent properties. New
concealed antenna support structures shall be designed to complement or match
adjacent structures and landscapes with specific design considerations such as
architectural designs, height, scale, color, and texture and designed to blend with
existing surroundings to the extent feasible. This shall be achieved through the use
of compatible colors and materials, and alternative site placement to allow the use
of topography, existing vegetation or other structures to screen the proposed
concealed antenna support structure from adjacent lands containing, in descending
order of priority: existing residences, public parks and open spaces, and public
roadways.
(e) At time of application the applicant shall file a letter with the department,
agreeing to allow collocation on the tower. The agreement shall commit the
applicant to provide, either at a market rate cost or at another cost basis agreeable
to the affected parties, the opportunity to collocate the antenna of other service
providers on the applicant’s proposed tower to the extent that such collocation is
technically and structurally feasible for the affected parties.
(f) All new concealed antenna support structures up to 60 feet in height shall be
engineered and constructed to accommodate no less than two antenna arrays. All
concealed antenna support structures between 61 feet and 100 feet shall be
engineered and constructed to accommodate no less than three antenna arrays. All
concealed antenna support structures between 101 and 140 feet shall be
engineered and constructed to accommodate no less than four antenna arrays.
(g) Grading shall be minimized and limited only to the area necessary for the new
WCF.
(4) Collocated or combined facilities shall comply with the following requirements:
(a) At the time of installation, the WCF base station and ancillary structures shall be
brought into compliance with any applicable landscaping requirements; and
(b) When a collocated or combined WCF is to be located on a nonconforming
building or structure, then it will be subject to Chapter 21A.70 SMC. (Ord. O2012-
321 § 2 (Att. A § 3); Ord. O2010-281 § 4)
21A.55.090 Design standards.
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(1) All WCFs shall:
(a) Be designed and constructed or improved at the time of an upgrade to present
the least visually obtrusive profile; and
(b) Use colors such as brown, grey, blue, or green and materials that match the
existing antenna support structure and structures in the local area and reduce visual
impacts unless otherwise required by the City of Sammamish, the FAA, or the FCC.
For example, a utility pole that is brown should have conduits and antennas that are
brown. The colors and materials shall be approved by the City community
development director to ensure compliance with this section; and
(c) Flush-mount antennas when feasible. Four nonflush-mounted antennas are
allowed only upon written demonstration by the applicant that flush-mounting is not
feasible.
(2) Base Stations.
(a) Base stations and ancillary structures shall be subject to the setbacks of the
underlying zoning district.
(b) Except as allowed pursuant to subsection (5)(c) of this section, base stations
that are not located underground shall not be visible from public views.
(c) New concealed base stations and ancillary structures shall be designed to
complement or match adjacent structures and landscapes. Specific design
considerations such as architectural designs, height, scale, color, and texture
should be designed to blend with existing surroundings to the extent feasible.
(d) Where feasible, one building with multiple compartments shall be constructed to
serve the total number of anticipated collocation tenants. If the applicant can
demonstrate that one building is not feasible or practical due to site design or other
constraints, then a master site plan shall be provided to demonstrate how all
potential base stations and ancillary structures will be accommodated within the
vicinity of the WCF.
(3) Height Standards.
(a) Measurement of WCF. For purposes of this subsection, the height of the
antenna support structure shall be measured from the natural undisturbed ground
surface below the center of the base of the tower to the top of the tower or, if higher,
to the top of the highest antenna or piece of equipment attached thereto.
(b) Maximum Height for New WCF. The height of any new WCF shall not exceed
the height provided in the table below.
Locations
Maximum Height of
New Antenna Support
Structures
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(c) Maximum Height for Replacement Antenna Support Structure. The height of an
antenna support structure that replaces an existing antenna support structure shall
not exceed the higher of the height of the existing antenna support structure being
replaced or the maximum height provided in the table above for new antenna
support structures.
(d) Maximum Height Above Top of Antenna Support Structure. The highest point of
an attached antenna shall not be more than 20 feet above the highest point of the
antenna support structure (not including any attached antenna) to which it is
attached.
(e) A new antenna support structure may be permitted to exceed the maximum
height allowed per location, provided:
(i) The increase is consistent with all conditions of the CUP authorizing the use
and subsequent approvals thereafter;
(ii) The existing conditions and the proposed changes are not in violation of the
SMC;
(iii) The height increase is made necessary by foliage attenuation from foliage
in the proposed location of the antenna support structure that exceeds the
maximum height allowed for antenna support structure for that location;
(iv) The height increase is the minimum necessary for the effective functioning
of the provider’s network; and
(v) A nonconformance shall not be created or increased, except as otherwise
provided by this chapter.
(4) Setback Requirements.
(a) Antenna support structures outside of the right-of-way shall have a setback from
property lines of 10 feet from any property line and 50 feet or one foot setback for
CB, O 80'
NB 40'
R-1 – R-8, TC-C
and TC-E
40'
R-12 – R-18 60'
TC-A, TC-B and
TC-D
80'
Principal arterial
rights-of-way
120'
Minor or collector
arterial rights-of-
way
80'
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every one foot in height from any residentially zoned property, whichever provides
the greatest setback.
(b) Base stations shall be subject to the setback requirements of the zone in which
they are located.
(c) The department shall consider the following criteria and give substantial
consideration to on-site location and setback flexibility. These are authorized when
reviewing applications for new antenna support structures. The following shall be
considered:
(i) Whether existing trees and vegetation can be preserved in such a manner
that would most effectively screen the proposed tower from residences on
adjacent properties;
(ii) Whether there are any natural landforms, such as hills or other topographic
breaks, that can be utilized to screen the tower from adjacent residences; and
(iii) Whether the applicant has utilized a tower design that reduces the
silhouette of the portion of the tower extending above the height of surrounding
trees.
(5) Landscaping and Fencing Requirements.
(a) Except as allowed pursuant to subsection (5)(c) of this section, all ground-
mounted base stations shall be enclosed with an opaque fence. In all residential
zones, or a facility abutting a residential zone, or in any zone when the base station
adjoins a public right-of-way, the fence shall be opaque and made of wood, brick, or
masonry. All fencing shall be subject to SMC 21A.30.190.
(b) Except as allowed pursuant to subsection (5)(c) of this section, all base stations
that are within base station hierarchy 2(a) and 3(b) shall have perimeter landscaping
as follows:
(i) In the NB, CB, O or TC zone and the abutting rights-of-way, the base
stations shall be landscaped with eight feet of Type II landscaping pursuant to
Chapter 21A.35 SMC along any lot line abutting a residential zone;
(ii) In residential zones and the abutting rights-of-way, the base station shall be
landscaped with 10 feet of Type I landscaping pursuant to Chapter 21A.35
SMC;
(iii) Any landscaping required shall be placed outside of the fence; and
(iv) Landscaping provisions may be modified in accordance with Chapter
21A.35 SMC.
(c) If an applicant is able to demonstrate to the City engineer that compliance with
the applicable fencing and landscaping requirements will pose an unreasonable risk
to the public health or safety, the fencing and landscaping requirements may be
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altered to the extent reasonably necessary to address the demonstrated risk to
public health or safety, or waived if no reasonable alternatives exist.
(6) Lighting Standards. Except as specifically required by the FCC or FAA, WCFs shall
not be illuminated, except lighting for security purposes that is compatible with the
surrounding neighborhood.
Any lighting required by the FAA or FCC must be the minimum intensity and number of
flashes per minute (i.e., the longest duration between flashes) allowable to minimize the
potential attraction to migratory birds. Dual lighting standards (white blinking light in
daylight and red blinking light at dusk and nighttime) are required and strobe light
standards are prohibited unless required. The lights shall be oriented so as not to project
directly onto surrounding residential property, and be consistent with FAA and FCC
requirements.
(7) Signage. Commercial messages shall not be displayed on any WCF. The only
signage that is permitted upon an antenna support structure, base station, or fence shall
be informational and for the purpose of identifying the antenna support structure (such as
ASR registration number), as well as the party responsible for the operation and
maintenance of the facility, its current address and telephone number, security or safety
signs, and property manager signs (if applicable).
If more than 220 voltage is necessary for the operation of the facility and is present in a
ground grid or in the antenna support structure, signs located every 20 feet and attached
to the fence or wall shall display in large, bold, high-contrast letters (minimum letter
height of four inches) the following: HIGH VOLTAGE – DANGER.
(8) Sounds. Maximum permissible sound levels to intrude into the real property of
another person from a WCF shall not exceed 45 dB(A). In the case of maintenance,
construction, and emergencies, these sound levels may be exceeded for short durations
as required by the specific circumstance. (Ord. O2012-321 § 2 (Att. A § 4); Ord. O2011-
298 § 1 (Att. A); Ord. O2010-281 § 4)
21A.55.100 Technical evaluation.
The City may retain the services of an independent technical expert such as a registered
professional electrical engineer accredited by the state of Washington who holds a
federal communications general radio telephone operator’s license. The engineer will
provide technical evaluation of permit applications for WCFs. The applicant shall pay all
the costs of said review. (Ord. O2010-281 § 4)
21A.55.110 Interference.
Whenever the City has encountered radio frequency interference with its public safety
communications equipment, and it believes that such interference has been or is being
caused by one or more WCFs, the following steps shall be taken:
(1) Upon notification by the City to WCF service providers potentially interfering with
public safety communications equipment, the providers shall cooperate and coordinate
with the City and among themselves to investigate and mitigate the interference, if any,
utilizing the procedures set forth in the joint wireless industry – public safety “Best
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Practices Guide,” released by the FCC in February 2001, including the “Good
Engineering
Practices,” as may be amended or revised by the FCC from time to time.
(2) If any WCF owner fails to cooperate with the City in complying with the owner’s
obligations under this section or if the FCC makes a determination of radio frequency
interference with the City public safety communications equipment, the owner who fails to
cooperate and/or the owner of the WCF which caused the interference shall be
responsible, upon FCC determination of radio frequency interference, for reimbursing the
City for all costs associated with ascertaining and resolving the interference, including but
not limited to any engineering studies obtained by the jurisdiction to determine the source
of the interference. For the purposes of this subsection, failure to cooperate shall include
failure to initiate any response or action as described in the “Best Practices Guide” within
24 hours of the City’s notification. (Ord. O2010-281 § 4)
21A.55.120 Cessation of use.
(1) Antennas shall be removed, at the owner’s expense, from WCFs no more than 180
days after the antenna is no longer operational, unless the abandonment is associated
with a consolidation, in which case the removal shall occur within 90 days of cessation of
use.
(2) The whole WCF shall be removed, at the owner’s expense, within 180 days of the
date the last antenna is removed.
(3) An owner wishing to extend the time for removal or reactivation shall submit a written
request along with the appropriate documentation demonstrating the reason for such
extension request. The City may extend the time for removal up to 90 additional days
upon a showing of good cause with one additional 90-day extension. If the antenna
support structure or antenna is not removed in a timely fashion, the City may give notice
that it will contract for removal within 30 days following written notice to the owner.
Thereafter, the City may cause removal of the antenna support structure with costs being
borne by the current WCF owner or landowner.
(4) Upon removal of the WCF, base station, and ancillary structures, said area shall be
returned to its natural state and topography and vegetated consistent with the natural
surroundings or consistent with the current use of the land at the time of removal. The
cost of rehabilitation shall be borne by the current WCF owner or landowner. (Ord.
O2010-281 § 4)
21A.55.130 Light poles.
Light poles and light standards located within the public rights-of-way are prohibited from
use as an antenna support structure or for the attachment of an antenna or antenna
array. For purposes of this prohibition, “light pole” shall mean and refer to a structure
affixed to the ground, such as a pole, that has as its primary purpose the support of an
overhead light fixture; and “public rights-of-way” shall mean the surface of, and the space
above and below, any public street, highway, freeway, bridge, land path, alley, court,
boulevard, sidewalk, way, lane, public way, drive, circle or other public right-of-way,
including, any easement now or hereafter held by the City within the corporate
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boundaries of the City as now or hereafter constituted for the purpose of public travel,
excluding railroad rights-of-way. (Ord. O2010-281 § 5)
This page of the Sammamish Municipal Code is current
through Ordinance O2012-323, passed May 1, 2012.
Disclaimer: The City Clerk's Office has the official version of the
Sammamish Municipal Code. Users should contact the City
Clerk's Office for ordinances passed subsequent to the ordinance
cited above.
City Website:
http://www.ci.sammamish.wa.us/
City Telephone: (425) 295-0500
Code Publishing Company
eLibrary
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