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HomeMy WebLinkAbout6799 (3) ORDINANCE NO. 6799 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO REGULATION OF UNDERGROUND UTILITIES, INFRASTRUCTURE CONDUIT, AND WIRELESS COMMUNICATION FACILITIES, AND AMENDING SECTION 17.14.080, REPEALING CHAPTER 17.28, AND AMENDING SECTIONS 18.02.040, 18.04.912, 18.07.020, 18.23.030, 18.31.100, 18.31.110, AND 18.35.030 OF THE AUBURN CITY CODE WHEREAS, the City of Auburn adopted Ordinance No. 4296 on July 18, 1988 repealing the previous Title 17 and enacting a new Title 17 entitled Land Adjustments and Divisions, which contains standards, regulations and processes for the division of land and adjustment of property boundaries within the City; and WHEREAS, the City of Auburn adopted Ordinance No. 6414 on July 16, 2012 creating a new Chapter 17.28 ACC relating to the requirement for construction of infrastructure conduits; and WHEREAS, the City of Auburn adopted Ordinance No. 4229 on June 1, 1987 repealing the previous Title 18 and enacting a new Title 18 entitled Zoning, which divides the City into zones wherein the location, height, use of buildings, land, and zoning development standards are established, regulated and restricted in accordance with the comprehensive plan for the City; and WHEREAS, the City of Auburn adopted Ordinance No. 5020 on September 15, 1997, Ordinance No. 6245 on June 1, 2009, and Ordinance Nos. 6433 and 6434 on November 5, 2012, relating to the definition, siting and zoning of wireless communication facilities in Title 18; and Ordinance No. 6799 November 9, 2020 Page 1 of 4 Rev. 2019 WHEREAS, the City of Auburn has made updates and amendments as necessary within Title 17 and Title 18 for the regulation of wireless communication facilities since the adoption of Ordinance Nos. 4296, 4229, 5020, 6245, 6414, 6433, and 6434; and WHEREAS, the industry and technology of wireless communication facilities continues to evolve as does the public's reliance on this form of communication; and WHEREAS, due to changes in Federal and State regulations that govern the regulation of such industries and their presence within the City, it is necessary to update the Auburn City Code in all titles, chapters and sections that authorize, regulate, affect or otherwise govern the review, construction, placement and siting of such telecommunications, cable and other utility facilities on public or on private property; and WHEREAS, the City also seeks to clarify and update terms, procedural requirements and approval processes for permits, for telecommunications, cable and other utility facilities placed on public and on private property; and WHEREAS, the City of Auburn Planning Commission reviewed staff's recommended changes at a special meeting on October 20, 2020, held a public hearing at a regular meeting on November 4, 2020, November 17, 2020, and December 8, 2020, and recommended approval of the changes to the Titles set forth herein; and WHEREAS, the proposed amendments and changes to the Auburn City Code that are the subject of this Ordinance were also subject to state agency review by the Washington State Department of Commerce on or about October 9, 2020; and WHEREAS, the proposed amendments and changes to the Auburn City Code that are the subject of this Ordinance were also subject to State Environmental Policy Act review and decision issued October 19, 2020. Ordinance No. 6799 November 9, 2020 Page 2 of 4 Rev. 2019 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AHRURN, WASHINGTON, DO ORDAIN as follows. Section 1. Amendment to City Code. Section 17.14.080 of the Auburn City Code is amended to read as shown in Exhibit A Section 2. Amendment to City Code. Chapter 17.28 of the Auburn City Code is repealed as shown in Exhibit B Section 3. Amendment to City Code. Section 18.02 040 of the Auburn City Code is amended to read as shown in Exhibit C Section 4. Amendment to City Code. Section 18 04.912 of the Auburn City Code is amended to read as shown in Exhibit D Section 5. Amendment to City Code. Section 18 07.020 of the Auburn City Code is amended to read as shown in Exhibit E. Section 6. Amendment to City Code. Section 18 23 030 of the Auburn City Code is amended to read as shown in Exhibit F Section 7. Amendment to City Code. Section 18 31 100 of the Auburn City Code is amended to read as shown in Exhibit G Section 8. Amendment to City Code. Section 18.31 .110 of the Auburn City Code is amended to read as shown in Exhibit H. Section 9. Amendment to City Code. Section 18 35 030 of the Auburn City Code is amended to read as shown in Exhibit I Section 10. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Ordinance No 5799 November 9, 2020 Page 3 of 4 Rev 2019 Section 11. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application of it to any person or circumstance, will not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 12. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law, or on January 1, 2021, whichever is later. INTRODUCED: DEC 2 1 2020 PASSED: DEC 2 1 2020 APPROVED: DEC 2 1 2020 ANCY B S, MAYOR ATTEST: APPROVED AS TO FORM: Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney Published: Deccrn b er Zl) 2020 5ea HarrkreS Ordinance No. 6799 November 9, 2020 Page 4 of 4 Rev. 2019 ORDINANCE 6799 EXHIBIT A 17.14.080 Underground utilities. A. Consistent with ACC Titles 12 and 13 ACC and the city's standardsEngineering Design and Construction Standards, all utility lines serving the subdivision, including but not limited to power, telephone and television cables, shall be installed underground. Adequate easements shall be provided for all such utility lines which will not be located within public right of way. Television conduit and miscellaneous hardware shall be installed according to the requirements of Chapter X620.06 ACC. B. Whenever an intersection of an arterial and any other street is constructed or improved under the requirements of this title, and when the city engineer has determined that traffic signalization of such intersection will be needed in the future, the city engineer may require the installation, at the sabdividerls-applicant's expense, of underground conduit which will be necessary for and will facilitate such future signalization. (Ord. 6239 § 1, 2009; Ord. 5164 § 1, 1998; Ord. 4296 § 2, 1988. Formerly 17.12.240.) ORD 6799 EXHIBIT A PAGE 1 of 1 ORDINANCE 6799 EXHIBIT B Chapter 17.28 INFRASTRUCTURE CONDUIT [Repealed] Sections: 17.28.010 Infrastructure conduit in streets. 17.28.010 Infrastructure conduit in streets. ••-e ----- - 'e • - -•: ---. _ - - e- e e ':-: - : - ._ 'a. • • - development activity governed hereby, the city review process shall determine in consultation with public works, police, parks, arts, and recreation, planning and development departments, information services, and with the local fire authority, whether conduit at least three inches in diameter should be included therein, in which - , • e -e.• , -- _s e ' - - hall construct said improvement in conformance with the public facility extension requirements of Chapter 13.40 ACC. (Ord. 6411 § 3, 2012.) ORD 6799 EXHIBIT B PAGE 1 of 1 ORDINANCE 6799 EXHIBIT C 18.02.040 Applicability. A. The provisions of this title shall apply to both public and private use of land within the corporate limits of the city. B. Hereafter, no use shall be conducted, and no building, structure and appurtenance shall be erected, relocated, remodeled, reconstructed, altered or enlarged unless in compliance with the provisions of this title, and then only after securing all permits and approvals required hereby. It shall be unlawful to build or use any building or structure or to use premises in the city for any purpose or use other than the uses listed as being permitted in the zone in which such building, land, or premises is located. C. Any building, structure or use lawfully existing at the time of passage of this title, although not in compliance herewith, may continue as provided in Chapter 18.54 ACC. D. No division of land shall occur unless in compliance with the provisions of this title and ACC Title 17 ACC, Land Adjustments and Divisions. E. This title is not intended to regulate the public ways as defined in ACC 20.02.020. -- - - e - -- = ', e - - - e -.e. -- , ee • - ee - , e e •- e e • - •- eee - e_- $.2 • - •-e the city. or agents of the city work+-e . •s - -- - ee ee - - . e (Ord. 6245 § 2, 2009; Ord. 5026 § 1, 1997; Ord, 4773 § 1 , 1995; Ord. 4229 § 2, 1987. Formerly 18.02.030.) ORD 6799 EXHIBIT C PAGE 1 of 1 ORDINANCE 6799 EXHIBIT D 18.04.912 Wireless communications - Definitions. defined in the Telecommunications Act of 1996, and for the purposes of this title A. "Alternative Tower Structure" means man-made trees, clock towers, bell steeples, light poles, buildings, and similar alternative design mounting structures that are compatible with the natural setting and surrounding structures, and camouflages or conceals the presence of Antennas or Towers so as to make them architecturally compatible with the surrounding area pursuant to this title. This term also includes any Antenna or Antenna array attached to an Alternative Tower Structure. A stand- alone pole that that accommodates Small Wireless Facilities is considered an Alternative Tower Structure to the extent it meets the concealment standards of this Code. B. "Antenna" means any devise used to transmit and/or receive radio or electromagnetic waves such as, but not limited to panel antennas, reflecting discs, microwave dishes, whip antennas, directional and non-directional antennas consisting of one or more elements, multiple antenna configurations, or other similar devices and configurations. and exterior apparatus designed for telephone, radio, or television communications through the sending and/or receiving of wireless communications signals.. :- - -: - . . - - * ••- . _ _ ••-• _ •• • 1 . Accessory: Antennas including, but not limited to, test mobile antennas and Global Positioning System (GPS) antennas which are less than 12 inches in ' - •- - - • - 1 . • _- - - . -• -. e - •e --e - . ••• ORD 6799 EXHIBIT D PAGE 1 of 8 e-e -- • - -- - .e. - 3. Dish or parabolic: A bowl shaped device for the reception and/or transmission has e e e a.. .• . -. •: •. • -- •.: a - -- •- -- transmits and receives signals throughout a 360 degree range. . • -- . • e •- -e e • . •-e -e .'e•.-. .e e- • e - ibed - - _ •• •• • • -e '• .e • e ity with the type of antenna defined herein which most closely resembles such equipment. B. "Antenna array" means one or more rods, panels, discs or similar devices attached to a support structure used for the transmission or reception of radio frequency signals. C. "Attached wireless communications facility (WCF)" means a wireless communication facility that is affixed to an existing structure other than a Tower. Examples of attached wireless communication facilities include antennas affixed to or erected upon existing buildings, water tanks, or other existing structures or replacement structures (such as in the case of a replacement stadium/ballfield light pole ora parking lot light standard). . - ---- _ - . . - ' _ - •-e e _ • - ' •-e building or structure. D. "Base station" means the structure or equipment at a fixed location that enables wireless communications, licensed or authorized by the FCC, between user equipment and a communications network. By way of example, a building, ballfield structure or a utility pole, becomes a base station once wireless facilities are permitted and attached. The term does not encompass a wireless communication tower as defined in this title or any equipment associated with a wireless communication tower. E. "Concealment", or "concealment design techniques" means that a wireless communication facility is concealed or utilizes concealment, when any measures are ORD 6799 EXHIBIT D PAGE 2 of 8 used in the design and siting of wireless communication facilities intended to make the facility look like something other than a wireless tower or base station. For example, a wireless communication facility site utilizes concealment design techniques when it (1 ) is integrated in an outdoor fixture such as a flagpole, or (2) uses a design which mimics and is consistent with the nearby natural or architectural features (such as an artificial tree), or (3) is incorporated into (including, without limitation, being attached to the exterior of such facilities and painted to match it) (such as a belvedere or a dormer), or replaces existing permitted facilities (including without limitation, freestanding light standards) so that the presence of the wireless communication facility is not readily apparent. The terms do not include fencing and landscape screening that is used to enhance visual compatibility at ground level. FD. "Carrier" means a company providing wireless communication services, also referred to as a wireless service provider. EG. "Co-location" means: (1 ) mounting or installing a WCF on a pre-existing structure, and/or (2) modifying a structure for the purpose of mounting or installing a WCF on that structure. Provided that, for purposes of Eligible Facilities Requests, "Co-location" means the mounting or installation of transmission equipment on an Eligible Support Structure for the purpose of transmitting and/or receiving radio :4110 ::iw Y1 :1 ( :'n .... CCU-. ... ., ...:Od':'..':V:1 ....... .I.:.1:d:d.u• iv:":;"::1 H. "Eligible facilities request" (EFR) means any request for modification of an existing wireless communication tower or base station that was previously authorized by the local permitting jurisdiction and that does not substantially change, as defined in this Section, the physical dimensions of such wireless communication tower or base station from the original authorization involving: (1 ) co-location of new transmission equipment, (2) removal of transmission equipment, or (3) replacement of transmission equipment. I. "Eligible Support Structure" means an existing wireless communication tower or base station as defined in this title and that has proposed alterations that meet the standards of an eligible facilities request ORD 6799 EXHIBIT D PAGE 3 of 8 J. "Equipment facility" means a structure used to contain ancillary equipment for a WCF which may include cabinets, shelters, an addition to an existing structure, pedestals and other similar structures. K. "Emergency wireless communication facility (EWCF)" means any structure not entirely within an enclosed building or vehicle, including antennas, guy wires, microwave dishes or horns, structures or towers to support receiving and/or transmitting devices, accessory buildings, i.e., equipment storage buildings, energy power generating housing, and the leased or owned property surrounding the wireless communication tower and any access or utility easements, that is used for the transmission or reception of electromagnetic waves for emergency communication purposes, operated by a local public agency responsible for providing emergency services L. "Existing" means a constructed tower or base station if it has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition. GM. "Microcells" are • .• - • - -e - - -e - - - • e- - - • - • --'e •e e -e e: Small Wireless Facilities consisting of an antenna that is either: (1) - e. • e e. - e e - • •• •. •. no more than four feet in height and with an area of not more than five hundred eighty580 square inches; or(2) if a tubular antenna, that is no more than four inches in diameter and no more than six feet in height; e - e - e •.: - e- - - - _ _ - •e ••e - _ ' -- • -•e - , and their width or depth is no more than six inches and the aggregate area of such panel antenna(s) would not exceed 580 square inches that would be visible from any ono viewpoint; or (4) similar antennas that arc of comparable size and shape. N. "Monopole" means a single, freestanding pole-type structure supporting one or more antennas. ISO. "Separation" means minimum distance required by city regulation between the base of Towers: . • ---- - . - . ORD 6799 EXHIBIT D PAGE 4of8 P. "Site" for purposes of this chapter means for wireless communication towers other than wireless communication towers in the public way, the current boundaries of the leased or owned property surrounding the wireless communication tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground. The current boundaries of a site are the boundaries that existed as of the date that the original support structure or a modification to that structure was last reviewed and approved by a State or local government, if the approval of the modification occurred prior to February 22, 2012 or otherwise outside of the Spectrum Act's Section 6409(a) process. Q. "Small wireless facilities" shall mean the definition contained in Chapter 20.14 ACC, including Microcells, and may be permitted either within or outside of the public way, in accordance with applicable law. R. "Substantial change" for purposes of this chapter means a modification that alters the physical dimensions of an eligible support structure if, after the modification, the structure meets any of the following criteria: 1. For towers other than towers in the public way, it increases the height of the tower by more than ten percent or by the height of one additional antenna array with separation from the top of nearest existing antenna to the bottom of the new antenna, not to exceed twenty feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than ten feet, whichever is greater; 2. For towers other than towers in the public way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet; ORD 6799 EXHIBIT D PAGE 5of8 3. For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten percent larger in height or overall volume than any other Around cabinets associated with the structure; 4. It entails any excavation or deployment outside the current site as that term is defined in this section except that, for towers other than towers in the public way, it entails any excavation or deployment of transmission equipment outside of the current site by more than 30 feet in any direction. The site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the site; 5. It would defeat the concealment elements of the eligible support structure; or 6. It does not comply with conditions associated with the original approval of the construction or modification of the eligible support structure or base station equipment, unless noncompliance is only in a manner that would exceed the thresholds identified in subsections (1) through (4) of this definition. For purposes of determining whether a substantial change exists, changes in height are measured from the original support structure as it existed at the time the first Eligible Facilities Request was approved for that structure in cases where facilities are or will be separated horizontally, in other circumstances, changes in height are measured from the dimensions of the wireless communication tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to February 22, 2012. IS. "Support structure" means a structure designed to support WCFs including, but not limited to, towers, alternative tower structures, replacement poles, and other freestanding self-supporting pole structures.the structure to which the antenna and other necessary associated hardware are attached. Support structures include but are not limited to the following: ORD 6799 EXHIBIT D PAGE 6 of 8 cross section. To be considered a primary support structure. 2. Monopole: A structure of varying height consisting of a single spire sunk into .. .. . . .. . ire. 3. Other structures: This may include existing buildings, water towers, athletic field light poles, or other similar structures. To be considered a secondary support structure. T. "Toll" and "Tolling" means to delay, suspend or hold off on the imposition of a deadline, statute of limitations or time limit. U. "Tower" means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio, and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto. V. "Wireless communications" means the provision of any personal wireless service, as defined in the Telecommunications Act of 1996, as amended, or wireless information services provided to the public or to such classes of users as to be effectively available directly to the public via licensed or unlicensed frequencies; or wireless utility monitoring and control services. 4W. "Wireless communications facility (WCF)" means a facility used to provide personal wireless services as defined at 47 U.S.C. Section 332 (c)(7)(C); or wireless information services provided to the public or to such classes of users as to be effectively available directly to the public via licensed or unlicensed frequencies; or wireless utility monitoring and control services. A WCF does not include a facility entirely enclosed within a permitted building where the installation does not require a ORD 6799 EXHIBIT D PAGE 7of8 modification of the exterior of the building; nor does it include an accessory wireless communications antenna, used for serving that building only and that is otherwise permitted under other provisions of the ACC. A WCF includes an antenna or antennas, including without limitation, direction, omni-directional and parabolic antennas, support equipment, alternative tower structures, and wireless communication towers. It does not include the support structure to which the WCF or its components are attached if the use of such structures for WCFs is not the primary use. The term does not include mobile transmitting devices used by wireless service subscribers, such as vehicle or hand-held radios or telephones and their associated transmitting antennas, nor does it include other facilities specifically exempted from the coverage of this titleany nonstaffed facility for the transmission and/or reception of K. "Emergency wireless communication facility (EWCF)" m ans a wircics, communications facility for the purpose of an emergency communication system :-- - -a e — - -- =-= •- -e -• • :: • : - : * : .•:'•. -... etas. . - . - (Ord. 6716 § 1 (Exh. A), 2019; Ord. 6245 § 3, 2009; Ord. 5777 § 1 , 2003; Ord. 5645 § 1, 2002; Ord. 5020 § 1 , 1997.) ORD 6799 EXHIBIT D PAGE 8 of 8 ORDINANCE 6799 EXHIBIT E 18.07.020 Uses. Table 18.07.020. Permitted Use Table — Residential ZonesZoning Designations P = Permitted A = Administrative C = Conditional Use X = Not Permitted Land Uses Zoning Designations RC R-1 R-5 R-7 R-10 R-16 R-20 A. Residential Uses. Accessory dwelling units P P P P X1 X1 X1 Accessory use, residential PPPPPPP Adult family home P PP P PP P Bed and breakfast P PP P PP P Communal residence four or less P PP PPP P individuals Duplexes; provided, that minimum lot X X A P P P X size of zoning designation is met and subject to compliance with Chapter 18.25 ACC (Infill Residential Development Standards) Foster care homes P PP P PP P Group residence facilities (7 or more X X X X CCC residents) Group residence facilities (6 or fewer P P P P PP P residents) Keeping of animals4 p2 p2 P2 P2 P2 P2 P2 ORD 6799 EXHIBIT E PAGE 1 of 7 P = Permitted A = Administrative C = Conditional Use X = Not Permitted Land Uses Zoning Designations RC R-1 R-5 R-7 R-10 R-16 R-20 Multiple-family dwellings X X X X A P P Neighborhood recreational buildings A6 A6 A6 A6 A6 P P and facilities owned and managed by the neighborhood homeowners' association Use as dwelling units of (1 ) X X X X X X X recreational vehicles that are not part of an approved recreational vehicle park, (2) boats, (3) automobiles, and (4) other vehicles Renting of rooms, for lodging purposes P P P P P P P only, to accommodate not more than two persons in addition to the family or owner occupied unit8 Residential care facilities including but P P X X A P P not limited to assisted living facilities, convalescent homes, continuing care retirement facilities Single-family detached dwellings, new P P P P P P X Supportive housing, subject to the X X X X X P P provisions of ACC 18.31.160 Swimming pools, tennis courts and P P P P P P P similar outdoor recreation uses only accessory to residential or park uses Townhouses (attached) X X X X P P P ORD 6799 EXHIBIT E PAGE 2 of 7 P = Permitted A = Administrative C = Conditional Use X = Not Permitted Land Uses Zoning Designations RC R-1 R-5 R-7 R-10 R-16 R-20 B. Commercial Uses. Commercial horse riding and bridle A X X X X X X trails Commercial retail, included as part of X X X X A A A mixed-use development and not a home occupation in compliance with Chapter 18.60 ACC Daycare, limited to a mini daycare X A A A A A A center. Daycare center, preschool or nursery school may also be permitted but must be located on an arterial Home-based daycare as regulated by P P P P P P P RCW 35.63.185 and through receipt of approved city business license Home occupations subject to P P P P P P P compliance with Chapter 18.60 ACC Marijuana cooperative X X X X X X X Marijuana processor X X X X X X X Marijuana producer X X X X X X X Marijuana related business X X X X X X X Marijuana researcher X X X X X X X Marijuana retailer X X X X X X X Marijuana transporter business X X X X X X X Mixed-use development3 X X X X P P P ORD 6799 EXHIBIT E PAGE 3 of 7 P = Permitted A = Administrative C = Conditional Use X = Not Permitted Land Uses Zoning Designations RC R-1 R-5 R-7 R-10 R-16 R-20 Nursing homes X X X X C C C Private country clubs and golf courses, X X C C C X X excluding driving ranges Privately owned and operated parks X A A A A P P and playgrounds and not homeowners' association-owned recreational area Professional offices, included as part of X X X X A A A mixed-use development and not a home occupation in compliance with Chapter 18.60 ACC C. Resource Uses. Agricultural enterprise:7 When 50 percent, or more, of the total A7 X X X X X X site area is dedicated to active agricultural production during the growing season, and with 52 or less special events per calendar year When less than 50 percent of the total C7 X X X X X X site area is dedicated to active agricultural production during the growing season, or with more than 52 special events per calendar year Agricultural type uses are permitted provided they are incidental and secondary to the single-family use: ORD 6799 EXHIBIT E PAGE 4 of 7 P = Permitted A = Administrative C = Conditional Use X = Not Permitted Land Uses Zoning Designations RC R-1 R-5 R-7 R-10 R-16 R-20 Agricultural crops and open field P X X X X X X growing (commercial) Barns, silos and related structures P X X X X X X Commercial greenhouses P X X X X X X Pasturing and grazing' P X X X X X X Public and private stables4 P X X X X X X Roadside stands, for the sale of P X X X X X X agricultural products raised on the premises. The stand cannot exceed 300 square feet in area and must meet the applicable setback requirements Fish hatcheries C X X X X X X D. Government, Institutional, and Utility Uses. Civic, social and fraternal clubs X X X X A A A Government facilities A A A A A A A Hospitals (except animal hospitals) X X X X X C C Municipal parks and playgrounds A P P P P P P Museums X X X X A A A Religious institutions, less than one A A A A A A A acre lot size Religious institutions, one acre or C C C C C C C larger lot size Transmitting towers C C C C C C C ORD 6799 EXHIBIT E PAGE 5 of 7 P = Permitted A = Administrative C = Conditional Use X = Not Permitted Land Uses Zoning Designations • RC R-1 R-5 R-7 R-10 R-16 R-20 Type 1-D wireless communication P P P P P P P facility (see ACC 18.04.912(Wd) and ACC 18.31.100) Eligible facilities request (EFR) P P P P PP P (Wireless communication facility — See ACC 18.04.912(H)) Utility facilities and substations C5 C5 C5 C5 C5 C5 C5 Small wireless facilities (ACC PPP P PPP 18.04.912(Q)) 1 An accessory dwelling unit may be permitted with an existing single-family residence pursuant to ACC 18.31.120. 2 Please see the supplemental development standards for animals in ACC 18.31.220. 3 Individual uses that make up a mixed-use development must be permitted within the zone. If a use making up part of a mixed-use development requires an administrative or conditional use permit, the individual use must apply for and receive the administrative or conditional use approval, as applicable. 4 Proximity of pasture or livestock roaming area to wells, surface waters, and aquifer recharge zones is regulated by the King or Pierce County board of health, and property owners shall comply with the provisions of the board of health code. 5 Excludes all public and private utility facilities addressed under ACC 18.02.040(E). 6 Administrative use permit not required when approved as part of a subdivision or binding site plan. 7 Agricultural enterprise uses are subject to supplemental development standards under ACC 18.31.210, Agricultural enterprises development standards. ORD 6799 EXHIBIT E PAGE 6 of 7 8 An owner occupant that rents to more than two persons but no more than four persons is required to obtain a city of Auburn rental housing business license and shall meet the standards of the International Property Maintenance Code. (Ord. 6642 § 4, 2017; Ord. 6600 § 9, 2016; Ord. 6565 § 2, 2015; Ord. 6560 § 9, 2015; Ord. 6477 § 8, 2013; Ord. 6369 § 2, 2011; Ord. 6363 § 3, 2011; Ord. 6269 § 3, 2009; Ord. 6245 § 5, 2009.) ORD 6799 EXHIBIT E PAGE 7 of 7 ORDINANCE 6799 EXHIBIT F 18.23.030 Uses. A. General Permit Requirements. Table 18.23.030 identifies the uses of land allowed in each commercial and industrial zone 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. Table 18.23.030. Permitted, Administrative, Conditional and Prohibited Uses by Zone, Commercial and Industrial Zones. P — Permitted C — Conditional PERMITTED, ADMINISTRATIVE, CONDITIONAL AND — PROHIBITED USES BY ZONE A Administrative X — Prohibited Zoning Designation Standards for LAND USE Specific Land C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Uses INDUSTRIAL, MANUFACTURING AND PROCESSING, WHOLESALING Building contractor, X X X P X P X P light • Building contractor, X X X X X A X P heavy ORD 6799 EXHIBIT F PAGE 1 of 14 P — Permitted C — Conditional PERMITTED, ADMINISTRATIVE, CONDITIONAL AND — PROHIBITED USES BY ZONE A Administrative X — Prohibited Zoning Designation Standards for LAND USE Specific Land C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Uses Manufacturing, X X X P X P P P ACC 18.31 .180 assembling and packaging — Light intensity Manufacturing, X X X A X P A P ACC 18.31 .180 assembling and packaging — Medium intensity Manufacturing, X X X X X X X A ACC 18.31 .180 assembling and packaging — Heavy intensity Marijuana processor X X X X X CC C Chapter 18.59 ACC Marijuana producer X X X X X CC C Chapter 18.59 ACC Marijuana researcher X X X X X CC C Chapter 18.59 ACC Marijuana retailer X X X C X CC C Chapter 18.59 ACC Marijuana transporter X X X X X CC C Chapter 18.59 ACC business Outdoor storage, X X X P X P P P ACC 18.57.020(A) incidental to principal ORD 6799 EXHIBIT F PAGE 2 of 14 P — Permitted C — Conditional PERMITTED, ADMINISTRATIVE, CONDITIONAL AND — PROHIBITED USES BY ZONE A Administrative X — Prohibited Zoning Designation Standards for LAND USE Specific Land C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Uses permitted use on property Storage — Personal X P X P X P X P ACC 18.57.020(B) household storage facility (mini-storage) Warehousing and X X X X X P P C ACC 18.57.020(C) distribution Warehousing and X X X P X P P P distribution, bonded and located within a designated foreign trade zone Wholesaling with on- X X X P X P P P site retail as an incidental use (coffee, bakery, e.g.) RECREATION, EDUCATION AND PUBLIC ASSEMBLY USES Commercial recreation X PP PPP P A facility, indoor Commercial recreation X X X A A P A A ACC 18.57.025(A) facility, outdoor ORD 6799 EXHIBIT F PAGE 3 of 14 P — Permitted C — Conditional PERMITTED, ADMINISTRATIVE, CONDITIONAL AND — PROHIBITED USES BY ZONE A Administrative X — Prohibited Zoning Designation Standards for LAND USE Specific Land C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Uses Conference/convention X X A A X A X X facility Library, museum X A A A X A P X Meeting facility, public A P P P X A P A or private Movie theater, except X PPPP X X X drive-in Private school — A APPPPP P Specialized education/training (for profit) Religious institutions, A P P P A A A A lot size less than one acre Religious institutions, CP P P A A A A lot size more than one acre Sexually oriented X X X P X P X P Chapter 18.74 ACC businesses ORD 6799 EXHIBIT F PAGE 4 of 14 P — Permitted C — Conditional PERMITTED, ADMINISTRATIVE, CONDITIONAL AND — PROHIBITED USES BY ZONE A Administrative X — Prohibited Zoning Designation Standards for LAND USE Specific Land C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Uses Sports and X X A A X A X A entertainment assembly facility Studio —Art, dance, P P P PP P A A martial arts, music, etc. RESIDENTIAL Caretaker apartment X PPP X P P P Live/work unit X X PPP P P X Work/live unit X PPPP PP X Marijuana cooperative X X X X X X X X Multiple-family X XPPP PP X ACC 18.57.030 dwellings as part of a mixed-use development2 Multiple-family X X X X X X X X dwellings, stand-alone Nursing home, X PPPCX X X assisted living facility Senior housing2 X X A A X X X X RETAIL ORD 6799 EXHIBIT F PAGE 5 of 14 P — Permitted C — Conditional PERMITTED, ADMINISTRATIVE, CONDITIONAL AND — PROHIBITED USES BY ZONE A Administrative X — Prohibited Zoning Designation Standards for LAND USE Specific Land C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Uses Building and X X X P X P X P ACC 18.57.035(A) landscape materials sales Construction and X X X X X A X P heavy equipment sales and rental Convenience store A A P P X P P P Drive-through A A A P A P A A espresso stands Drive-through facility, A A A P P P X P ACC 18.52.040 including banks and restaurants Entertainment, X A PP X A X A commercial Groceries, specialty P P P PPP P X ACC 18.57.035(B) food stores Nursery X X X P A P X P ACC 18.57.035(C) Outdoor displays and P PP P P P P P ACC 18.57.035(D) sales associated with a permitted use ORD 6799 EXHIBIT F PAGE 6 of 14 P — Permitted C — Conditional PERMITTED, ADMINISTRATIVE, CONDITIONAL AND — PROHIBITED USES BY ZONE A Administrative X — Prohibited Zoning Designation Standards for LAND USE Specific Land C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Uses (auto/vehicle sales not included in this category) Restaurant, cafe, PPPPPPP P coffee shop Retail Community retail APPPPP X P establishment Neighborhood retail PPP P PP X P establishment Regional retail X X X PPP X A establishment Tasting room PPPPPPPP Tavern PP X PPP X A Wine production APPPPPPP facility, small craft distillery, small craft brewery SERVICES ORD 6799 EXHIBIT F PAGE 7 of 14 P — Permitted C — Conditional PERMITTED, ADMINISTRATIVE, CONDITIONAL AND — PROHIBITED USES BY ZONE A Administrative X — Prohibited Zoning Designation Standards for LAND USE Specific Land C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Uses Animal daycare A A A P A P X P ACC 18.57.040(A) (excluding kennels and animal boarding) Animal sales and P PP P P P X P ACC 18.57.040(B) services (excluding kennels and veterinary clinics) Banking and related P PPP P P P P financial institutions, excluding drive- through facilities Catering service PPPP A P A P Daycare, including A P P P P P P X mini daycare, daycare center, preschools or nursery schools Dry cleaning and PPPPPPP P laundry service (personal) Equipment rental and X X X P X P X P leasing ORD 6799 EXHIBIT F PAGE 8 of 14 P — Permitted C — Conditional PERMITTED, ADMINISTRATIVE, CONDITIONAL AND — PROHIBITED USES BY ZONE A Administrative X — Prohibited Zoning Designation Standards for LAND USE Specific Land C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Uses Kennel, animal X X X A X A X A ACC 18.57.040(C) boarding Government facilities; A A A A A A A A this excludes offices and related uses that are permitted outright Hospital X PPP X P X P Lodging — Hotel or X PP P P A P A motel Medical — Dental clinic P P P P PP X X Mortuary, funeral AP X PX P X X home, crematorium Personal service PPPPPP X X shops Pharmacies P PPPP X X X Print and copy shop P PP P P P X X Printing and publishing X A PPPP P P (of books, newspaper and other printed matter) ORD 6799 EXHIBIT F PAGE 9 of 14 P — Permitted C — Conditional PERMITTED, ADMINISTRATIVE, CONDITIONAL AND — PROHIBITED USES BY ZONE A Administrative X — Prohibited Zoning Designation Standards for LAND USE Specific Land C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Uses Professional offices PP PP P P P P Repair service — X A P PP P X P ACC 18.57.040(D) Equipment, appliances Veterinary clinic, APPPPP X X animal hospital Youth community X P X X X X X X ACC 18.57.040(E) support facility TRANSPORTATION, COMMUNICATIONS AND INFRASTRUCTURE Ambulance, taxi, and X X X A X P X P specialized transportation facility Broadcasting studio X P X P X P X P Heliport X X X CX CX C Motor freight terminal' X X X X X X X X See Footnote No. 1 Parking facility, public X PP P P P P X or commercial, surface Parking facility, public X PP P P P P X or commercial, structured Towing storage yard X X X X X A X P ACC 18.57.045(A) ORD 6799 EXHIBIT F PAGE 10 of 14 P - Permitted C - Conditional PERMITTED, ADMINISTRATIVE, CONDITIONAL AND - PROHIBITED USES BY ZONE A Administrative X - Prohibited Zoning Designation Standards for LAND USE Specific Land C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Uses Utility transmission or A A A A A A A A distribution line or substation Wireless -* - -* -* -* -* ACC 18.04.912, communication facility *See ACC (WCF) (See ACC 18.31 .100 for use 18.04.912(W) regulations and zoning development standards. Eligible facilities PPPPPPPP request (EFR) (Wireless communication facility (See ACC 18.04.912(H)) Small wireless facilities PPPPP P P P (ACC 18.04.912(0)) VEHICLE SALES AND SERVICES ORD 6799 EXHIBIT F PAGE 11 of 14 P — Permitted C — Conditional PERMITTED, ADMINISTRATIVE, CONDITIONAL AND — PROHIBITED USES BY ZONE A Administrative X — Prohibited Zoning Designation Standards for LAND USE Specific Land C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Uses Automobile washes X A X P P P X P ACC 18.57.050(A) (automatic, full or self- service) Auto parts sales with X A A P P P X P installation services Auto/vehicle sales and X A X P X P X P ACC 18.57.050(B) rental Fueling station X A A P P P X P ACC 18.57.050(C) Mobile home, boat, or X X X P X P X P RV sales Vehicle services — X X A P X P X P ACC 18.57.050(D) Repair/body work OTHER Any commercial use A A A A A A A A abutting a residential zone which has hours of operation outside of the following: Sunday: 9:00 a.m. to 10:00 p.m. or Monday — Saturday: 7:00 a.m. to 10:00 p.m. ORD 6799 EXHIBIT F PAGE 12 of 14 P — Permitted C — Conditional PERMITTED, ADMINISTRATIVE, CONDITIONAL AND — PROHIBITED USES BY ZONE A Administrative X — Prohibited Zoning Designation Standards for LAND USE Specific Land C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Uses Other uses may be PPPPPPP P 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. 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 zones. Any maintenance, alterations and additions to an existing motor freight terminal which are consistent with ACC 18.23.040, Development standards, are allowed. 2 Any mixed-use development or senior housing project vested prior to Resolution No. 5187 (December 7, 2015) is an outright permitted use in the C-1 zone. Subsequently, if a nonresidential use within a vested mixed-use development changes, then the nonresidential use shall maintain a minimum of 10 percent of the cumulative building ground floor square footage consisting of the uses permitted ORD 6799 EXHIBIT F PAGE 13 of 14 outright, administratively, or conditionally, listed under "Recreation, Education, and Public Assembly," "Retail," or "Services" of the C-1 zone. (Ord. 6728 § 3 (Exh. C), 2019; Ord. 6688 § 1 (Exh. 1), 2018; Ord. 6644 § 2, 2017; Ord. 6642 § 9, 2017; Ord. 6508 § 1, 2014; Ord. 6433 § 26, 2012.) ORD 6799 EXHIBIT F PAGE 14 of 14 ORDINANCE 6799 EXHIBIT G 18.31 .100 Wireless communications facilities siting standards. The following siting standards are intended to guide the location and development of wireless communications facilities (WCF as defined by ACC 18.04.912(W)) but not including microcells) on properties regulated under this title. The siting of microcells small wireless facilities shall also be in accordance with • _ e • e_: _ _ •e •• ACC 18.31.110. A. Types of Wireless Communication Facilities (WCFs). For the purposes of determining in which zones wireless communications facilities are to be permitted, and which land use approval process applies, they will be classified pursuant to the following types. Refer to the table in subsection L of this section to determine which zones allow for the following types of facilities: 1. Type 1. Type 1 - - • - • - - - - - - • • - - -• -•-e - - _ - - - _ - .is a new wireless communication facility (WCF) that is affixed to an existing structure other than a "wireless communication support structure" (also known as, an "Attached wireless communication facility"). Examples of attached wireless communications facilities include antennas affixed to or erected upon existing buildings, water tanks, or other existing structures. There are four separate Type 1 categories described as follows: a. 1-A. The combined height of the antennaWCF together with the height of the existingbuilding cannot be 25 percent greater than the existing building-structure or exceed the height limitation of the zone in which the building-structure is located. b. 1-B. The combined height of the antenna WCF together with the height of the existing building-structure cannot be 50 percent greater than the existing building structure or exceed the height limitation of the zone in which the building is located. ORD 6799 EXHIBIT G PAGE 1 of 17 c. 1-C. The combined height of the antenna-WCF together with the height of the existing building-structure is 50 percent greater than the existing building structure or exceeds the height limitation of the zone in which the building structure is located. The height limitation of the zone can only be exceeded by 25 percent. d. 1-D. Antenna--The WCF is located on an existing non-habitable structure such as a water towers, athletic field light poles, or similar public utility infrastructure not located within a public street right of way or that is located on an existing non-residential structure such as a fire station, school, church or other similar type of institutional use whose site does not contain dwellings. The height limitation of the WCF will be 10 percent of the existing structure height, but may be increased to a maximum of 20 percent with an administrative use permit and may be increased to a maximum of 30 percent with a conditional use permit. The height limitation of the zone may be exceeded relative to the above provisions allowed for a 1-D facility. Any increases in height above the limits of the zoning district, as permitted for Type1 facilities must include concealment techniques approved by the city. 2. Type 2. Type 2 are new antennas equipment erected on existing (primary) support structurestowers that have previous city approvals. There are two separate Type 2 categories described as follows: a. 2-A. Any request for modification of an existing wireless communication tower or base station that was previously authorized by the local permitting jurisdiction and that would exceed a "Substantial change", and the combined height of the WCF and structure cannot be 20 percent greater than the existing structure and h -- • - - e .• - ••-- - - - - - -- - - annd-is limited to 50 percent total (cumulative) expansion of equipment area. b. 2-B. Any request for modification of an existing wireless communication tower or base station that was previously authorized by the local permitting iurisdiction and that that would exceed a "Substantial change", and the combined height of the WCF and structure cannot be 50 percent greater than ORD 6799 EXHIBIT G PAGE 2 of 17 the existing structure and allow for more than 50 percent (cumulative) expansion of equipment area.Has greater height requirements than previous apaI - -e - e e ••: - . . .9 . •-- a+e Any increases in height above the limits of a particular zone, as permitted for Type 2 facilities must include concealment techniques approved by the city. 3. Type 3.Type 3 isthe erection ofa new( 'Towe{.There arethree separate Type 3 categories described as follows: a. 3-A. Monopoles "Towers" that are 75 feet or less in height. b. 3-B.Monopoles"Towers"that are more than 75 feet in height or lattice towers of any height. c. 3-C. 'Towers"thatmeetthe definition ofan EWCF Emergencywieless communication facility (EWCF) and are 185 feet or less in structure height. a. 4 A. Mounting of antennas cannot exceed the following thresholds:1 i. Increase the height of an existing primary support structure by 10 percent, or 20 feet (whichever is less). ii. Add an appurtenance to the body of the tower that would protrude from the outside edge of the tower more than 20 feet. • . . - .-- - e- - - - -- .e• ' - • _ . 4 IOC as amended. B. Separation between Facilities. 1 . New, Freestanding Primary Support Structures Towers. ORD 6799 EXHIBIT G PAGE 3 of 17 a. The minimum separation, i.e., distance, between a proposed monopole tower (that is 75 feet or less in height) and any other existing r-support st cturetower, of any height, shall be the height of the proposed menepeletower, including antenna, multiplied by a factor of 10. b. The minimum separation,i.e.,distance,between a proposed monopole-tower(that is more than 75 feet in height, or lattice towers of any height) and any other exissbng ofanyheight,shalbetheheightofth9 , including antenna, multiplied by a factor of 20. c. The Community Development director may exempt an applicant from these separation requirements if(1) the applicant demonstrates to the city's satisfaction that despite diligent efforts, other options are neither available to lease nor technologically feasible to address a service provider's demonstrated gap in coverage or demonstrated lack of system capacity. Documentation regarding inability to lease shall include names and addresses of owners contacted, date of contact, method of contact and owner response, and failure to approve the exemption would be an effective prohibition of the applicant being able to provide wireless communications, or (2) the director determines, when considering the surrounding topography; the nature of adjacent uses and nearby properties; and, the height of existing structures in the vicinity, that placement of a tower at a distance less than the minimum separation from another tower will reduce visibility and reduce visual clutter to a greater extent. 2. The distance between a •• - • - e e e • - . . - towers shall be measured by following a straight line, without regard to intervening buildings, from the base of one support structurotower to the base of the other support str, cturetower(s). 3. A primary support structurotower would be considered "existing" if it was reviewed, approved, and lawfully constructed in accordance with all requirements of applicable law as of the time it was built. For example, a tower that exists as a legal, non-conforming use and was lawfully constructed is existing. It shall be the applicant's responsibility to provide evidence of lawful construction. Subsequent ORD 6799 EXHIBIT G PAGE 4 of 17 city permitted modifications of a tower that qualify as an Eligible Facilities Request and do not amount to a "Substantial Change", do not make an existing tower non-conforming.- -- • '- - - -- •• _ _ _ • • _ ' - _ - _C. Co-Location Requirements. 1. For monopoles-towers that are more than 75 feet in height and lattice towers of any height(Type 3 B facilities), the owner of the property-tower shall execute and provide evidence of a nonexclusive lease with the carrier underlying property owner, if the property owner is different, that allows for other carriers to place antennas and equipment on the structure unless specific approval not to is provided in accordance with subsection. 3 below.. 2. Any application for a Type 3-B or 3-C facility Towers that are more than 75 feet in height or lattice towers of any height or tower shall include technical., environmental, or regulatory justification that an existing Type 3 B or 3 C fasilityWCF with a nonexclusive lease could not be used instead of constructing a new tower. 3. Towers shall be designed and constructed to allow the tower to accommodate WCFs from at least two (2) carriers on the same tower; one in addition to the original. No property owner or carrier shall unreasonably exclude another carrier from using the same facility or location. Design and construction for co-location shall not be required when it would materially compromise the camouflage design intent of the tower, or when, in the reasonable discretion of the Community Development director, such construction is not technically feasible based upon construction, engineering and design standards of the industry, or based upon evidence provided, a tower designed for co-location will not be commercially viable. An applicant, owner, or operator seeking Community Development director approval to waive the co-location requirements described herein shall provide evidence explaining why co-location is not possible at a particular tower. D. Height. ORD 6799 EXHIBIT G PAGE 5 of 17 1. Unless otherwise provided for, the height of any primary support structurc and/or antennatower with appurtenances shall not exceed the height limitations of the zone. 2. The maximum height of any tower shall not exceed 120 feet except as an eligible facility request. 3. There shall be no variances allowed to the height limitations. 4. The carrier applicant shall provide evidence that the Federal Aviation Administration (FAA) has approved the location of a primary support structurcand the city shall condition the same of any future increases in height or other modifications that would otherwise be permissible as an eligible facilities request (EFR) for any tower relative to the Auburn Municipal Airport. 5. Unless otherwise restricted by this section, building- or structure-mounted antennas may extend a maximum of 15 feet above the maximum height permitted for structures within the zone. 6. Antennas that are mounted on structures that do not otherwise have a height restriction may be allowed to increase the overall height of the structure by no more than 10 percent of the height of the structure unless additional approvals are obtained. E. Setbacks. 1. All equipment shelters, cabinets, support structures or other above-ground facilities shall meet the setback requirements of the zone in which located except as follows. All equipment shelters, cabinets, or other above-ground facilities used to support : •••- - --- • -- - - WCFs shall be set back the same distance required of the e '•• . - _ _ ._ • . . . -WCF except as an eligible facility request. All equipment shelters, cabinets, or other above-ground facilities within a nonresidential zone shall be set back a minimum of 50 feet from any adjacent R residential zone except as an eligible facility request. ORD 6799 EXHIBIT G PAGE 6of17 2. The minimum distance from any tower, of any height, to any residentially zoned parcel of property, including mixed use zones that include residential uses shall be a distance equal to the overall height of the tower (including antennas) multiplied by a factor of two. 3. Where poscibletechnically feasible, roof-mounted antennas and equipment shelters and/or cabinets are to be placed towards the center of the building, or away from public views. Equipment shelters and/or cabinets shall be screened by a parapet or similar architectural feature. F. Fencing and Landscaping. 1. Fencing. Fencing is required to enclose all above-ground support equipment that is associated with : '•• _ - * :: - . _ . - towers. Fencing will be 100 percent sight-obscuring, as defined in ACC 18.31.020(C)(2), if visible from a public right-ef-way or from a less intense zone. Equipment shelters and/or cabinets shall be enclosed by fencing a minimum of six feet in height. Fencing shall meet the sight distance requirements of the city standardsEngineering Design and Construction Standards. 2. Landscaping. a. Where above-ground support equipment is visible from a public right of way, a minimum width of five feet of Type II landscaping as defined in ACC 18.50.040 will be provided on the exterior of the enclosing fence in order to effectively screen the equipment from the public right of way. The landscaping shall consist of evergreen and deciduous trees with no more than 50 percent being deciduous, and shrubs and groundcover shall be provided. Landscaping shall meet the sight distance requirements of the city _ .e - . . .e - - . . : Engineering Design and Construction Standards. b. Where facilities are visible from adjacent residential or mixed use zoning districtsases, a minimum width of five feet of Type I landscaping as defined in ACC 18.50.040 will be provided on the exterior of the enclosing fence in ORD 6799 EXHIBIT G PAGE 7 of 17 order to effectively screen the equipment from the adjacent residential uses. The landscaping shall consist of evergreen trees or tall shrubs, a minimum of six feet in height at planting which will provide a 100 percent sight-obscuring screen within three years from the time of planting; or a combination of evergreen and deciduous trees with no more than 30% being deciduous, backed with a 100 percent sight-obscuring fence, as defined in ACC 18.31.020(C)(2), with shrubs and groundcover provided. c. Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. Existing on-site vegetation may be used to meet the landscape requirements if approved by theMagni-11g Community Development director. G. Aesthetics. 1. Concealment Design Techniques. All WCFs and any transmission equipment shall, to the extent technically feasible, use concealment design techniques including, but not limited to the use of materials, colors, textures, screening, undergrounding, or other design options that will blend the components of the WCF and the WCF to the surrounding natural setting and/or built environment. Design, materials, and colors of WCFs shall be compatible with the surrounding environment. Designs shall be compatible with structures and vegetation located on the site and parcel and on adjacent parcels. a. At a minimum, all tower-mounted WCF equipment shall be colored to match the tower color. b. Concealment design may be of heightened importance where findings of particular sensitivity are made (e.g., proximity to historic or aesthetically significant structures and/or natural or community features). Should the Community Development director determine that WCFs are located adjacent to or viewable from impression corridors as defined by the Comprehensive Plan, they shall (where possible) be designed (including but not limited to placement underground, depressed, or located behind earth berms) to ORD 6799 EXHIBIT G PAGE 8 of 17 minimize aesthetic impacts at the request of the Community Development director. c. The concealment design may include the use of alternative tower structures should the Community Development director determine that such design meets the intent of this section and the community is better served. d. All WCFs, shall be constructed out of or finished with non-reflective materials (visible exterior surfaces only). 24. In order to minimize any potential negative aesthetic impacts from new primary support structurcsWCFs including protecting views to and from residential neighborhoods, mitigation may be required to blend the facilities in with the adjacent development or environsnatural setting and/or built environment. Typical solutions for the support structure concealment design 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. WCFs shall be additionally sited in a manner that is sensitive to the proximity of the facility to residential structures. When placed near a residential or mixed use zoned property, the WCF shall be placed adjacent to the common side yard property line between adioininq residential properties, such that the WCF minimizes visual impacts equitably among adjacent properties. In the case of a corner lot, the WCF may be placed adjacent to the common side yard property line between adjoining residential or mixed use zoned properties, or on the corner formed by two intersecting streets. If these requirements are not reasonably feasible from a construction, engineering, or design perspective, the applicant may submit a written statement to the Community Development director requesting the WCF be exempt from these requirements using the procedure for an administrative waiver elsewhere is this chapter. ORD 6799 EXHIBIT G PAGE 9 of 17 32. Building- or roof-mounted antennas will be painted or textured to blend with the adjacent surfaces. 43. No lettering, symbols, images or trademarks large enough to be legible to occupants of vehicular traffic on any adjacent street shall be placed on or affixed to any part of the WCF, unless required by the FCC or FAA. 54. Except as specifically required by the FAA (but must be approved by the city), freestanding primary support structurcstowers 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. 6. Concealment Design Standards for Accessory Equipment and Transmission Equipment. Accessory equipment and transmission equipment for all WCFs shall meet the following requirements: a. All transmission equipment and accessory equipment shall be grouped as closely together as technically possible. b. Transmission equipment and accessory equipment shall be located out of sight whenever possible by locating within equipment enclosures. Where such alternate locations are not available, the transmission equipment and accessory equipment shall be concealed. c. Transmission equipment and accessory equipment shall be of a neutral, non-reflective color that is identical to, or closely compatible with, the color of the supporting structure or uses other concealment design techniques so as to make the equipment as visually unobtrusive as possible, including, for example, painting the equipment to match the structure. 7. Administrative Waiver. a. An administrative waiver of any of the above concealment design standards may be requested of the Community Development director by filing a written application form provided by the city and payment of an application ORD 6799 EXHIBIT G PAGE 10 of 17 fee. The application will be evaluated for, and must demonstrate conformance with the following waiver criteria, for approval: i. The concealment design standard prohibits or has the effect of prohibiting the provision of wireless communication service through the proposed WCF at the location because the standard will not allow the technology to function at that location; and ii. The applicant demonstrates to the City's satisfaction that despite diligent efforts, other options are neither available to lease nor technologically feasible to address a service provider's demonstrated gap in coverage or demonstrated lack of system capacity. Documentation regarding inability to lease shall include manes and addresses of owners contacted, date of contact, method of contact and owner response; and iii. The proposal for varying from the design standard represents a reasonable and best approximation of achieving the same objective as the specific standard sought to be waived; and iv. The proposed alternative does not and will not conflict with public health, safety, or welfare. b. If any concealment design standard is approved for waiver, the WCF proposed shall nevertheless meet all other applicable design standards not approved for waiver. c. If a waiver request is denied for failure to meet any of the criteria specified above and there is no alternative for installation of the WCF at the particular location in a manner that meets the applicable design standards, then such application for the WCF for such specific location shall be denied H. Lighting. 1. Freestanding support structures shall not be artificially lighted, unless required by the FAA or other applicable authority, or the WCF is mounted on a ORD 6799 EXHIBIT G PAGE 11 of17 light pole or other similar structure primarily used for lighting purposes on property located outside of the public way. If lighting is required, the City may review lighting alternatives and approve the design that would cause the least illumination disturbance to the surrounding views. Any proposed lighting shalll at a minimum, comply with the standards of Chapter 18.55 ACC, (Outdoor Lighting) and shall be submitted at the time of the initial application. Any lighting must be reviewed and approved by the city. 2. Security lighting used to light the equipment facility shall be directed downward, shielded and kept within the boundaries of the site. I. Abandoned Facilities. 1. Any WCF which is not utilized for a period of nine months or more will be considered abandoned. 2. Any WCF which falls into a state of disrepair as determined by the Community Developmentplanning-director will be considered abandoned. 3. Any WCF considered to be abandoned must be removed completely within 90 days from the date of notification by the city to the owner, owner's agent and/or the operator of the WCF, based upon the contact information that has previously been provided to the city's code enforcement personnel. The citysede enforcement personnel may extend the 90-day period should a valid application for use of the facility be submitted to the city. The owner of such WCF shall remove the same within ninety (90) days of receipt of written notice from the city. If such WCF is not removed within ninety (90) days, the city may remove it at the owner's expense and any approved permits for the WCF shall be deemed to have expired. J. Noise. For the purposes of this section, WCF will be considered a Class B, commercial, noise source pursuant to WAC 173-60-040. ORD 6799 EXHIBIT G PAGE 12 of 17 K. Supplemental Information Required for Applications. In addition to the information that is otherwise required for an application for a permit for a WCF, the following is also required: 1. For all newWCFs_ - - _ ••• _ . _ _ _ . - . - - • - - _ . _ •• - - , the applicant shall provide the carrier's master network plan for the city showing the carrier's existing WCF locations and narrative explaining the potential WCF locations over the next year, if known. The applicant shall also provide technical justification supporting the need for the height of the WCF and for any new tower and why a shorter support structure could not be utilized. Any application for a Type 3_B facility new tower greater than 75 feet in height shall provide technical justification as to why a Type 3 A facility tower of 75 feet or less in height could not be utilized instead to adequately serve the Auburn community. 2. Narrative description of the facility including whether there is capacity on the proposed structure for more antenna , -• - -e e - •••••••• ••e ••• =- - the facilities, etc. The applicant shall provide evidence of the ability to execute a non-exclusive lease between the carrier and the underlying property owner, if the property owner is different, that allows for other carriers to place antennas and equipment on the structure. This ability for co-location must be demonstrated, unless relief from this requirement is requested and ultimately approved in accordance with the provisions in this Chapter. 3. A color swatch sample for the proposed primary support structuretower. 4. Narrative description of proposed concealment design techniques intended to make the facility look like something other than a tower or base station. Photographs, photo simulations, or similar illustrations that show a reasonable likeness of the proposed facility including the antennas-arrays and above-ground support equipment. L. Zones in Which WCF Are Permitted. The following table illustrates which zones the types of facilities as defined by ACC 18.04.912(JK) and (WK) and ACC 18.31.100(A) are allowed in and which land use approval process, if any is permits ORD 6799 EXHIBIT G PAGE 13 of 17 are required. Microcells, as defined by ACC 18.04.912(GM) (not located in public ways), are allowed only in residential zones and shall be permitted outright pursuant to the provisions of ACC 18.04.912(GM). Type of Permit Required Permitted Administrative Conditional Zone Outright Use Permit Use Permit All 1-D 1-D1 1-D2 Zones RO 1-A 1-B 1-C RO-H C-N 1-A 1-B 1-C C-1 1-A 1-B 1-C C-2, 1-A 1-B 1-C DUO C-3 1-B, 2-A 1-C, 2-B, 3-A 3-B C-4 M-1, 1-B, 2-A 1-C, 2-B, 3-A 3-B EP M-2 1-B, 2-A 1-C, 2-B, 3-A 3-B P-1 1-B, 2-A 1-C, 2-B 3-A3 1-A 1-B 1-C LF 1-A 1-B 1-C 1 Allowance for the WCF to extend to a height of 20 percent of the supporting structure. 2 Allowance for the WCF to extend to a height of 30 percent of the supporting structure. 3 The maximum height allowed, including antennas, is 45 feet. ORD 6799 EXHIBIT G PAGE 14 of 17 M. Exemptions. 1. Unless otherwise provided for, the Mobile Testing Facilities/Equipment used to test network limitationsfellowing are exempt from the provisions of this section.: a Microcells as defined by ACC 18.04.912(G). The facilities/equipment shall not be at any one location for more than 14 days and shall otherwise meet the requirements of any other ordinance, regulation or code provision. 2. EWCFs are exempt from the provisions of subsections B, Separation between Facilities; (C)(1), Co-Location Requirements; D, Height (except (D)(4)); and E, Setbacks, of this section. (Ord. 6716 § 1 (Exh. A), 2019; Ord. 6245 § 15, 2009.) N. Eligible Facilities Requests (EFR) 1. Application and Review Requirement for Eligible Facilities Requests. Applicants seeking approval of eligible facility requests must complete an application form furnished by the city and comply with any requirements set forth in applicable city ordinances. The application form shall be limited to the information necessary for the city to consider whether an application is an eligible facilities request. The application may not require the applicant to demonstrate a need or business case for the proposed modification or co-location. Such information may include, without limitation, whether the project: a. Would result in a substantial change, as defined in ACC 18.04.912(R); b. Violates a generally applicable law, regulations, or other rule codifying objective standards reasonably related to public health, safety, and welfare. 2. Review Procedures for Eligible Facilities Requests. This section applies to any eligible facilities requests for co-location on, or modification to an existing ORD 6799 EXHIBIT G PAGE 15 of 17 tower or base station that does not substantially change the physical dimensions of such tower or base station. a. Review Required for Eligible Facilities. No co-location or modification to any existing tower or base station may occur except after a written request from an applicant is reviewed and approved by the director. Upon receipt of an application for an eligible facilities request pursuant to this section, the city shall review such application to determine whether the application so qualifies. b Review Criteria. Upon receipt of an application for an eligible facilities request pursuant to this section, the city shall administratively review such application to determine whether the application meets the following criteria for an eligible facilities request: i. Does not result in a substantial change, as defined in ACC 18.04.912(R); ii. Does not violate a generally applicable law, regulation, or other rule reasonably related to public health, safety, and welfare and complies with generally applicable building, structural, electrical, and safety codes; iii. Complies with the original application concealment design techniques or conditions of approval, including but not limited to colors, textures, surfaces, scale, character, and siting, or any approved amendments thereto, subject to the thresholds established in the definition of substantial change; and 3. Timeframe for Reviewing and Deciding Eligible Facilities Requests. Subject to the tolling provisions below, within sixty (60) days of the date on which an applicant submits a complete application, as determined by the director, the city shall approve the application unless it determines that the application does not qualify as an "eligible facility request", or does not comply with other applicable code requirements. ORD 6799 EXHIBIT G PAGE 16 of 17 a. Tolling of the Timeframe for Review. The 60-day review period deadline begins to run when the application is filed and may be tolled (halted) only by mutual agreement of the city and the applicant, or in cases where the director determines that the application is "incomplete". b. To toll the timeframe for incompleteness, the city must provide written notice to the applicant within thirty (30) days of receipt of the application, specifically delineating all missing documents or information required in the application; c. The timeframe for review continues running again the following business day after the applicant makes a supplemental written submission in response to the city's notice of incompleteness; and d. Following a supplemental submission, the city will notify the applicant within ten (10) days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified above in (a) and (b). In the case of a second or subsequent notice of incompleteness, the city may not specify missing information or documents that were not delineated in the original notice of incompleteness. 4. Interaction with Telecommunications Act Section 332(c)(7). If the city determines that the applicant's request is not an eligible facilities request as delineated in this section of the Code, the presumptively reasonable timeframe under Section 332(c)(7), as prescribed by the FCC's Shot Clock order in WT Docket No. 08-165 (Adopted November 18, 2009), will begin to run from the issuance of the city's decision that the application is not a covered request. To the extent such information is necessary, the city may request additional information from the applicant to evaluate the application under Section 332(c)(7) reviews. ORD 6799 EXHIBIT G PAGE 17 of 17 ORDINANCE 6799 EXHIBIT H 18.31.110 Siting of microccllssmall wireless facilities. The following siting standards are intended to guide the location and development of misresels-small wireless facilities as defined by ACC 18.04.912(Q) but not including other wireless communications facilities (WCF). The siting of other wireless communications facilities shall be in accordance with siting of wireless communication facilities found in ACC 18.31.100. A. Siting Criteria for Micresellssmall wireless facilities (not located in public ways). 1. Panel antennas shall be incorporated into the design of the existing structure using painting, flush mounting or other concealment methods. 2. The equipment cabinets and other ground support equipment shall be located in an area that is no larger than 16 squarc17 cubic feet in volume, except that the following associated equipment may be located outside the primary equipment enclosure and if so located, are not included in the calculation of equipment volume: electric meter, concealment, telecom demarcation box, ground-based enclosures, battery back-up power systems, grounding equipment, power transfer switch, and cut-off switch. The height of the equipment shall be no more than four feet. The equipment shall be designed to be compatible with the residential neighborhood the project shall provide a minimum width of five feet of Type II landscaping as defined in ACC 18.50.0'10 or fencing or a combination of these or similar features. The landscaping shall consist of evergreen and deciduous trees with no more than 50 percent being deciduous, and shrubs and qroundcover shall be provided. 3. There shall be a 300-foot separation between any microccllssmall wireless facilities used by the same carrier. ORD 6799 EXHIBIT H PAGE 1 of 2 1. The antennas must be located on light poles, power poles or similar public utility poles that are either owned/operated by the city of Auburn or owned/operated by a utility provider operating with an appropriate franchise if private-property, 54. Anyone wishing to establish a rnicrocell small wireless facility or associated components shall make application to the community developmentplanning director upon application forms provided by the planning-director. The planning director shall review each application and may be empowered to approve, deny or modify the proposal. (Ord. 6245 § 15, 2009.) ORD 6799 EXHIBIT H PAGE 2 of 2 ORDINANCE 6799 EXHIBIT 18.35.030 Uses. A. General Permit Requirements. Table 18.35.030 identifies the uses of land allowed in each special purpose zone and the planning permit required to establish each use. B. Requirements for Certain Specific Land Uses. Where the last column in Table 18.35.030 ("Standards for Specific Land Uses") includes a section number, the referenced section determines other requirements and standards applicable to the use regardless of whether it is permitted outright or requires an administrative or conditional use permit. Table 18.35.030. Permitted, Administrative, Conditional and Prohibited Uses by Zone P — Permitted C — Conditional Permitted, Administrative, Conditional and Prohibited Uses by Zone A Administrative X — Prohibited Zoning Designations Standards for LAND USE Specific Land RO RO-H P-1 I OS Uses MARIJUANA RELATED BUSINESSES Marijuana processor X X X X X • Marijuana producer X X X X X Marijuana researcher X X X X X Marijuana retailer X X X X X ORD 6799 EXHIBIT I PAGE 1 of 8 P — Permitted C — Conditional Permitted, Administrative, Conditional and Prohibited Uses by Zone A Administrative X — Prohibited Zoning Designations Standards for LAND USE Specific Land RO RO-H P-1 I OS Uses Marijuana transporter X X X X X business PUBLIC Animal shelter, public X X P X X Government facilities, A A P P C this excludes offices and related uses that are permitted outright Municipal parks and P P P P P playgrounds RECREATION, EDUCATION AND PUBLIC ASSEMBLY Campgrounds X X X P P Recreational vehicle X X X P X parks, private Cemetery, public X X P A X Cemetery, private X X X A X College, university, X X A A X public Commercial recreation X X X P X facility— Indoor ORD 6799 EXHIBIT I PAGE2of8 P — Permitted C — Conditional Permitted, Administrative, Conditional and Prohibited Uses — by Zone A Administrative X — Prohibited Zoning Designations Standards for LAND USE Specific Land RO RO-H P-1 I OS Uses Commercial recreation X X X A C ACC 18.57.025(A) facility — Outdoor Conference/convention X X X A X facility Library, museum X X P P A Meeting facility, public A A P P A or private Private school — P P X P X specialized education/training (for profit) Public schools (K-12) X X P P X and related facilities Religious institutions, A P X P X lot size less than one acre Religious institutions, C A X P X lot size more than one acre ORD 6799 EXHIBIT I PAGE 3 of 8 P — Permitted C — Conditional Permitted, Administrative, Conditional and Prohibited Uses by Zone A Administrative X — Prohibited Zoning Designations Standards for LAND USE Specific Land RO RO-H P-1 I OS Uses Studio —Art, dance, P X X X X martial arts, music, etc. RESIDENTIAL Duplex P1 X X A X Home occupation P P X P P Chapter 18.60 ACC Live/work, work/live A P X A X unit Marijuana cooperative X X X X X Multiple-family P2 A3 X A X dwellings, stand-alone One detached single- P X X X P5 family dwelling Nursing home, A A X P X assisted living facility Senior housing A A X A X RETAIL Restaurant, cafe, A A P A X coffee shop, excluding drive-through facilities ORD 6799 EXHIBIT I PAGE 4 of 8 P — Permitted C — Conditional Permitted, Administrative, Conditional and Prohibited Uses — by Zone A Administrative X — Prohibited Zoning Designations Standards for LAND USE Specific Land RO RO-H P-1 I OS Uses SERVICES Banking and related P P X X X financial institutions, excluding drive- through facilities4 Daycare, including A P X P A mini daycare, daycare center, preschools or nursery schools Home-based daycare P P X P P Medical services — P P X X X Clinic or urgent care4 Mortuary, funeral X P X X X home, crematorium Professional offices P P X A A Personal service P P X X X shops Pharmacies X P X X X TRANSPORTATION, COMMUNICATIONS AND INFRASTRUCTURE ORD 6799 EXHIBIT I PAGE 5of8 P — Permitted C — Conditional Permitted, Administrative, Conditional and Prohibited Uses — by Zone A Administrative X — Prohibited Zoning Designations Standards for LAND USE Specific Land RO RO-H P-1 I OS Uses Utility facilities, X X X X A See ACC substations, utility 18.02.040(E) transmission or distribution line Wireless * *See ACC communication facility (WCF) (See ACC 18.04.912(W) Eligible facilities P P P P P request (EFR) (Wireless communication facility (See ACC 18.04.912(H)) Small wireless facilities P P P P P (ACC 18.04.912(Q)) Emergency wireless X X X P X See ACC communication facility 18.04.912 and (EWCF) 18.31 .100 OTHER USES THAT ARE NOT LISTED ORD 6799 EXHIBIT I PAGE 6 of 8 P — Permitted C — Conditional Permitted, Administrative, Conditional and Prohibited Uses by Zone A Administrative X — Prohibited Zoning Designations Standards for LAND USE Specific Land RO RO-H P-1 I OS Uses Other uses may be P P P P P permitted by the planning director or designee if the use is determined to be consistent with the intent of the zone and is of the same general character of the uses permitted Notes: 1 Duplexes, 3,600 square feet of lot area per dwelling unit is required. 2 Multifamily dwellings; provided, that 2,400 square feet of lot area is provided for each dwelling unit. 3 Multifamily dwellings; provided 1,200 square feet of lot area is provided for each dwelling unit. 4 Permitted within a public college or university as an amenity or service provided to students: A stand-alone bank or medical services/clinic is not permitted. 5 One single-family detached dwelling unit per existing legal lot. No residential subdivisions permitted in the open space zone. ORD 6799 EXHIBIT I PAGE 7 of 8 (Ord. 6716 § 1 (Exh. A), 2019; Ord. 6677 § 3, 2018; Ord. 6642 § 11, 2017; Ord. 6434 § 1, 2012.) ORD 6799 EXHIBIT I PAGE 8 of 8