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
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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
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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
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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.
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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
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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.
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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
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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.
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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.
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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
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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
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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
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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
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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
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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
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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
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(Ord. 6716 § 1 (Exh. A), 2019; Ord. 6677 § 3, 2018; Ord. 6642 § 11, 2017; Ord. 6434
§ 1, 2012.)
ORD 6799
EXHIBIT I
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